Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Proposed Rules 32411

500001–0116. Additionally, an

electronic version of the text may be

obtained from http://www.gsa.gov/

gsbca. Written comments may be mailed

to Margaret S. Pfunder, GSA Board of

Contract Appeals, 18th & F Streets,

N.W., Washington, DC 20405, or sent

electronically by using the following

Internet address:

Margaret.Pfunder@gsa.gov.

FOR FURTHER INFORMATION CONTACT:

Margaret S. Pfunder, Deputy Chief

Counsel, GSA Board of Contract

Appeals, telephone (202) 501–0272,

facsimile machine (202) 501–3510.

Dated: June 18, 1996.

Stephen M. Daniels,

Chairman.

[FR Doc. 96–15839 Filed 6–21–96; 8:45 am]

BILLING CODE 6820–34–M

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 594

[Docket No. 89–8; Notice 9]

RIN 2127–AG43

Schedule of Fees Authorized by 49

U.S.C. 30141

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This document proposes fees

for Fiscal Year 1997 as authorized by 49

U.S.C. 30141 relating to the registration

of importers and the importation of

motor vehicles not certified as

conforming to the Federal motor vehicle

safety standards (FMVSS).

NHTSA proposes that the annual fee

for the registration of a new importer be

increased from $456 to $501, and the

annual fee for renewal of registration be

increased from $240 to $332. The fee

required to reimburse the U.S. Customs

Service for bond processing costs would

increases by $0.20, from $4.95 to $5.15

per bond.

The fee payable for a determination

that nonconforming vehicles are capable

of conversion to meet the FMVSS would

be increased from $104 to $199 if the

determination results from a petition

arguing that the nonconforming vehicle

is substantially similar to conforming

vehicles. With respect to vehicles that

have no substantially similar

counterpart, the fee rises from $520 to

$721. In addition, the fee payable by the

importer of each vehicle that benefits by

a determination will be increased from

$93 to $134, regardless of whether the

determination is made pursuant to a

petition or by NHTSA on its own

initiative.

DATES: Comments are due August 8,

1996. The effective date of the final rule

would be October 1, 1996.

ADDRESSES: Comments should refer to

Docket No. 89–8; Notice x, and be

submitted to : Docket Section, NHTSA,

room 5109, 400 Seventh St., SW,

Washington, D.C. 10590. Docket hours

are from 9:30 a.m. to 4:00 p.m.

FOR FURTHER INFORMATION CONTACT:

George Entwistle, Office of Vehicle

Safety Compliance, Office of Safety

Assurance, NHTSA (202–366–5306).

SUPPLEMENTARY INFORMATION:

Introduction

On September 29, 1989, NHTSA

issued 49 CFR part 594, establishing the

initial fees authorized by section 108 of

the National Traffic and Motor Vehicle

Safety Act, as amended by the Imported

Vehicle Safety Compliance Act of 1988,

Pub. L. 100–562 (54 FR 40100). These

fees were applicable in Fiscal Year 1990

(FY90). 49 U.S.C. 30141(e) (formerly 15

U.S.C. 1397(c)(3)(B)) provides that the

amount or rate of fees shall be reviewed

and, if appropriate, adjusted at least

every 2 years. Further, the fees

applicable in any fiscal year shall be

established before the beginning of such

year. The statute authorizes an annual

fee to cover the costs of the importer

registration program, an annual fee or

fees to cover the cost of making import

eligibility determinations, and an

annual fee or fees to cover the cost of

processing the bond furnished to the

Customs Service.

In accordance with the statutory

requirements, NHTSA reviewed and

adjusted fees for FY91 (55 FR 40664),

for FY92–93 (56 FR 49427), and FY 94–

96 (58 FR 51021).

As a general statement applicable to

consideration of all fees, there has been

a slight increase in hourly costs in the

past three fiscal years attributable to the

approximately 2 percent raise in salaries

of employees on the General Schedule

that became effective on January 1 in the

years 1995, and 1996 (there was a

locality raise only in 1994).

Requirements of the Fee Regulation

Section 594.6—Annual Fee for

Administration of the Importer

Registration Program

Section 30141(a)(3) of Title 49 U.S.C.

provides that registered importers must

pay ‘‘the annual fee the Secretary of

Transportation establishes * * * to pay

for the costs of carrying out the

registration program for importers

* * *.’’ The annual fee attributable to

the registration program is payable both

by new applicants and by registered

importers seeking to renew their

registration. The reader is referred to the

notice of September 29, 1989, for a

fuller discussion of the fee and its

components.

In accordance with the statutory

directive, NHTSA reviewed the existing

fees and their bases in an attempt to

establish appropriate fees for at least the

next fiscal year which would be

sufficient to recover the costs of carrying

out the registration program for

importers. The initial component of the

Registration Program Fee is the portion

of the fee attributable to processing and

action upon registration applications.

The agency has determined that this

portion of the fee should be decreased

from $356 to $301 for new applications,

and increased from $100 to $132 for

renewals. The higher initial cost is

warranted because the average cost of

processing a new application is

substantially greater than that of its

renewal.

Other costs attributable to

maintenance of the registration program

arise from reviewing a registrant’s

annual statement and verifying the

continuing validity of information

already submitted. These costs also

include costs attributable to revocation

or suspension of a registration.

The total portion of the fee

attributable to maintenance of the

registration program as estimated by

NHTSA is approximately $200, an

increase of $100. This reflects the fact

that costs have been incurred for

processing suspensions or revocations.

When this $200 is added to the $301

representing the registration application

component, the cost to an applicant

equals $501, and is the fee proposed by

NHTSA. It represents an increase of $45.

When the $200 is added to the $132

representing the renewal component,

the cost to a renewing registered

importer would be $332. This fee

increase is also proposed. It represents

an increase of $92.

Sec. 564.6(h) recounts indirect costs

that have been estimated at $6.71 per

man-hour. This would be raised to $7.07

under the proposal.

Sections 594.7, 594.8—Fees to Cover

Agency Costs in Making Importation

Eligibility Determinations

Section 30141(a)(3) also requires

registered importers to pay ‘‘other fees

the Secretary of Transportation

establishes to pay for the costs of * * *

(B) making the decisions under this

subchapter.’’ Pursuant to part 593, these
32412 Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Proposed Rules

decisions are whether the vehicle

sought to be imported is substantially

similar to a motor vehicle originally

manufactured for import into and sale

in the United States, and certified as

meeting the FMVSS, and whether it is

capable of being readily altered to meet

those standards. Alternatively, where

there is no substantially similar U.S.

motor vehicle, the decision is whether

the safety features of the vehicle comply

with or are capable of being altered to

comply with the FMVSS. These

decisions are made in response to

petitions submitted by registered

importers or manufacturers, or pursuant

to the Administrator’s initiative.

Because a substantially different

procedure was adopted for the second

year of this program, FY91, the reader

is referred to the notice appearing at 55

FR 40664 for a fuller discussion of the

cost factors of such determinations.

For FY94–96, NHTSA continued the

restructured fee schedule that was

adopted for FY91. Under the

restructuring, which continues in effect,

the fee for a vehicle imported under a

decision made on the agency’s initiative

is payable by the importer of any

vehicle covered by that decision. The

fee for a vehicle imported under a

decision pursuant to a petition is

payable in part by the petitioner and in

part by importers. However, the fee to

be charged for a vehicle is a pro rata

share of the costs in making all the

eligibility determinations in the fiscal

year.

The fees that were adopted in FY91

were retained unchanged for FY92 and

FY93; the fees adopted for FY94 were

retained unchanged for FY95 and FY96.

As the agency noted in the final rule

adopting the fees for FY94, only one

petition had been granted for a vehicle

which is not ‘‘substantially similar’’ to

a certified model, and there was not yet

an average cost figure for this category.

Since that time, at least half a dozen

other petitions have been received and

NHTSA has found that these require

noticeably more analysis and, at times,

further correspondence with the

petitioner in order to have a sufficient

data to reach a decision.

Inflation and the small raises under

the General Schedule also must be taken

into count in the computation of costs.

Accordingly, NHTSA proposes that

there be an increase from $104 to $199

in the fee required to accompany a

‘‘substantially similar’’ petition, and

from $520 to $721 for petitions for

vehicles that are not substantially

similar and that have no certified

counterpart. In the event that a petition

requests an inspection of a vehicle,

under each petition, that fee will remain

at $550.

The importer of each vehicle covered

by a petition currently must pay $93

upon its importation, the same fee

applicable to those whose vehicles

covered by a determination on the

agency’s initiative (other than Canadian

vehicles covered by code VSA–1). This

fee would be increased to $134, based

upon an increase in administrative

costs.

The fee for inspection of a vehicle to

verify its conformance status would

remain unchanged.

Section 594.9—Fee To Recover the Costs

of Processing the Bond

Section 30141(a)(3) also requires a

registered importer to pay ‘‘any other

fees the Secretary of Transportation

establishes * * * to pay for the costs of-

(A) processing bonds provided to the

Secretary of the Treasury’’ upon the

importation of a nonconforming vehicle

to ensure that the vehicle will be

brought into compliance within a

reasonable time or if the vehicle is not

brought into compliance within such

time, that it is exported, without cost to

the United States, or abandoned to the

United States.

The statute contemplates that NHTSA

make a reasonable determination of the

cost for the United States Customs

Service of processing the bond. In

essence, the cost to Customs is based

upon an estimate of the time that a GS

9 Step 5 employee spends on each

entry, which was judged to be 20

minutes. For a fuller discussion of these

costs, the reader is again referred to

prior notices of Docket 89–8.

Because of the modest salary and

locality raises in the General Schedule

that were effective at the beginning of

1994, 1995, and 1996, NHTSA proposes

that the current processing fee be

increased by $0.20, from $4.95 per bond

to $5.15.

Effective Date

The effective date of the final rule

would be October 1, 1996.

Rulemaking Analyses

A. Executive Order 12866 and DOT

Regulatory Policies and Procedures

This rulemaking action was not

reviewed under Executive Order 12886.

Further, NHTSA has determined that

the action is not significant under

Department of Transportation regulatory

policies and procedures. NHTSA

currently anticipates that the costs of

the final rule would be so minimal as

not to warrant preparation of a full

regulatory evaluation. The action does

not involve any substantial public

interest or controversy. There is no

substantial effect upon State and local

governments. There is no substantial

impact upon a major transportation

safety program. Both the number of

registered importers and determinations

are estimated to be comparatively small.

A regulatory evaluation analyzing the

economic impact of the final rule

adopted on September 29, 1989, was

prepared, and is available for review in

the docket.

B. Regulatory Flexibility Act

The agency has also considered the

effects of this action in relation to the

Regulatory Flexibility Act. I certify that

this action will not have a substantial

economic impact upon a substantial

number of small entities. Although

entities that currently modify

nonconforming vehicles are small

businesses within the meaning of the

Regulatory Flexibility Act, the agency

has no reason to believe that a

substantial number of these companies

could not pay the fees proposed by this

action which would be only modestly

increased from those now being paid,

and which can be recouped through

their customers. The cost to owners or

purchasers of altering nonconforming

vehicles to conform with the FMVSS

may be expected to increase to the

extent necessary to reimburse the

registered importer for the fees payable

to the agency for the cost of carrying out

the registration program and making

eligibility decisions, and to compensate

Customs for its bond processing costs.

Governmental jurisdictions will not be

affected at all since they are generally

neither importers nor purchasers of

nonconforming motor vehicles.

C. Executive Order 12612 (Federalism)

The agency has analyzed this action

in accordance with the principles and

criteria contained in Executive Order

12612 ‘‘Federalism’’ and determined

that the action does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

D. National Environmental Policy Act

NHTSA has analyzed this action for

purposes of the National Environmental

Policy Act. The action will not have a

significant effect upon the environment

because it is anticipated that the annual

volume of motor vehicles imported

through registered importers will not

vary significantly from that existing

before promulgation of the rule.

E. Civil Justice

This rule will not have any retroactive

effect. Under 49 U.S.C. 30103(b),
Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Proposed Rules 32413

whenever a Federal motor vehicle safety

standard is in effect, a state may not

adopt or maintain a safety standard

applicable to the same aspect of

performance which is not identical to

the Federal standard. Section 30161 sets

forth a procedure for judicial review of

final rules establishing, amending or

revoking Federal motor vehicle safety

standards. That section does not require

submission of a petition for

reconsideration or other administrative

proceedings before parties may file suit

in court.

Request for Comments

Interested persons are invited to

submit comments on the proposal. It is

requested but not required that 10

copies be submitted.

All comments must not exceed 15

pages in length (49 CFR 553.21).

Necessary attachments may be

appended to these submissions without

regard to the 15-page limit. This

limitation is intended to encourage

commenters to detail their primary

arguments in a concise fashion.

If a commenter wishes to submit

certain information under a claim of

confidentiality, three copies of the

complete submission including

purportedly confidential business

information, should be submitted to the

Chief Counsel, NHTSA, at the street

address given above, and seven copies

from which the purportedly confidential

information has been deleted should be

submitted to the Docket Section. A

request for confidentiality should be

submitted accompanied by a cover letter

setting forth the information specified in

the agency’s confidential business

information regulation, 49 CFR Part 512.

All comments received on or before

the closing date indicated above for the

proposal will be considered, and will be

available for examination in the docket

at the above address both before and

after that date. To the extent possible,

comments filed after the closing date

will also be considered. Comments

received too late for consideration in

regard to the final rule will be

considered as suggestions for further

rulemaking action. It is recommended

that interested persons continue to

examine the docket for new material.

Those persons desiring to be notified

upon receipt of their comments in the

docket must enclose a self-addressed

stamped postcard in the envelope with

their comments. Upon receiving the

comments, the docket supervisor will

return the postcard by mail.

List of Subjects in 49 CFR Part 594

Imports, Motor vehicle safety, Motor

vehicles.

In consideration of the foregoing, it is

proposed that 49 CFR part 594 be

amended as follows:

1. The authority citation for part 594

would be revised to read as follows:

Authority: 49 U.S.C. 30141, 30166;

delegation of authority at 49 CFR 1.50.

2. The title of part 594 would be

changed to read as follows:

PART 594—SCHEDULE OF FEES

AUTHORIZED BY 49 U.S.C. 30141

3. Section 594.1 would be revised to

read as follows:

§ 594.1 Scope.

This part establishes the fees

authorized by 49 U.S.C. 30141.

4. Section 594.4 would be amended

by revising its introductory paragraph to

read as follows:

§ 594.4 Definitions.

All terms used in this part that are

defined in 49 U.S.C. 30102 are used as

defined in that section.

* * * * *

5. Section 594.6 would be amended

by;

(a) changing the year ‘‘1993’’ in

paragraphs (d) and to read ‘‘1996,’’ and

(b) revising the introductory language

in paragraph (a), (c) revising paragraph

(b),

(c) revising the final sentence of

paragraph (h); and

(d) revising paragraph (i)

to read as follows:

§ 594.6 Annual fee for administration of

the registration program.

(a) Each person filing an application

to be granted the status of a Registered

Importer pursuant to part 592 of this

chapter on or after October 1, 1996,

shall pay an annual fee of $501, as

calculated below, based upon the direct

and indirect costs attributable to: * * *

* * * * *

(b) That portion of the initial annual

fee attributable to the processing of the

application for applications file on and

after October 1, 1996, is $301. The sum

of $301, representing this portion, shall

not be refundable if the application is

denied or withdrawn.

* * * * *

(h) * * * This cost is $7.07 per manhour for the period beginning October 1,

1996.

(i) Based upon the elements, and

indirect costs of paragraphs (f), (g), and

(h) of this section, the component of the

initial annual fee attributable to

administration of the registration

program, covering the period beginning

October 1, 1996, is $200. When added

to the costs of registration of $301, as set

forth in paragraph (b) of this section, the

costs per applicant to be recovered

through the annual fee are $501. The

annual renewal registration fee for the

period beginning October 1, 1996, is

$332.

6. Section 594.7 would be amended

by revising the first two sentences of

paragraph (e) to read as follows:

§ 594.7 Fee for filing petition for a

determination whether a vehicle is eligible

for importation.

* * * * *

(e) For petitions filed on and after

October 1, 1996, the fee payable for a

petition seeking a determination under

paragraph (a)(1) of this section is $199.

The fee payable for a petition seeking a

determination under paragraph (a)(2) of

this section is $721. * * *

* * * * *

7. Section 594.8 would be amended

by revising the first sentence in

paragraph (b) and in paragraph (c) to

read as follows:

§ 594.8 Fee for importing a vehicle

pursuant to a determination by the

Administrator.

* * * * *

(b) If a determination has been made

pursuant to a petition, the fee for each

vehicle is $134. * * *

(c) If a determination has been made

pursuant to the Administrator’s

initiative, the fee for each vehicle is

$134. * * *

8. Section 594.9(c) would be revised

to read as follows:

§ 594.9 Fee for reimbursement of bond

processing costs.

* * * * *

(c) The bond processing fee for each

vehicle imported on and after October 1,

1996, for which a certificate of

conformity is furnished, is $5.15.

Issued on: June 14, 1996.

Michael B. Brownlee,

Associate Administrator for Safety

Assurance.

[FR Doc. 96–15732 Filed 6–21–96; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AC22

Endangered and Threatened Wildlife

and Plants; Reopening of Comment

Period on Proposed Endangered

Status for Barton Springs Salamander

AGENCY: Fish and Wildlife Service,

Interior.