Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 54981 

facilities, lands, and waterbodies in a 

careless, negligent, or reckless manner 

so as to endanger any person, property, 

or natural feature. 

(c) This section does not provide 

authority to deviate from Federal or 

state regulations, or prescribed 

standards, including, but not limited to, 

regulations and standards concerning 

pilot certifications or ratings and 

airspace requirements. 

(d) Except in extreme emergencies 

threatening human life or serious 

property loss, you must not use nonstandard boarding and loading 

procedures to deliver or retrieve people, 

material, or equipment by parachute, 

balloon, helicopter, or other aircraft. 

(e) You must comply with all 

applicable U.S. Coast Guard rules when 

operating a seaplane on Reclamation 

waterbodies. 

(f) You must securely moor any 

seaplane remaining on Reclamation 

waterbodies in excess of 24 hours at 

mooring facilities and locations 

designated by an authorized official. 

Seaplanes may be moored for periods of 

less than 24 hours on Reclamation 

waterbodies, except in special use areas 

otherwise designated by an authorized 

official, provided: 

(1) The mooring is safe, secure, and 

accomplished so as not to damage the 

rights of the Government or the safety of 

persons; and 

(2) The operator remains in the 

vicinity of the seaplane and reasonably 

available to relocate the seaplane if 

necessary. 

(g) You must not operate model 

aircraft except as allowed in special use 

areas established by an authorized 

official under subpart E of this part 423. 

■ 14. Amend § 423.50 by revising 

paragraph (a) to read as follows: 

§ 423.50 How can I obtain permission for 

prohibited or restricted uses and activities? 

(a) Authorized officials may issue 

permits to authorize activities on 

Reclamation facilities, lands, or 

waterbodies otherwise prohibited or 

restricted by §§ 423.16(a)(3), 423.26, 

423.27, 423.29(f), 423.30(c), 423.33(d), 

and 423.35(d)(1), and may terminate or 

revoke such permits for non-use, noncompliance with the terms of the 

permit, violation of any applicable law, 

or to protect the health, safety, or 

security of persons, Reclamation assets, 

or natural or cultural resources. 

* * * * * 

■ 15. Amend § 423.60 by adding 

paragraph (c) to read as follows: 

§ 423.60 How special use areas are 

designated. 

* * * * * 

(c) An authorized official establishing 

a special use area must document in 

writing the determination described in 

paragraph (b) of this section. Such 

documentation must occur before the 

action, except in emergencies or 

situations of immediate need as 

described in § 423.61(c), in which case 

the documentation is required within 30 

days after the date of the action. 

Reclamation will make documents 

produced under this section available to 

the public upon request except where 

such disclosure could compromise 

national or facility security, or human 

safety. 

■ 16. Amend § 423.61 by revising 

paragraph (b) introductory text, 

paragraphs (c)(1) and (c)(3), and 

paragraph (d) introductory text to read 

as follows: 

§ 423.61 Notifying the public of special use 

areas. 

* * * * * 

(b) How notice must be made. 

Reclamation must notify the public at 

least 15 days before the action takes 

place by one or more of the following 

methods: 

* * * * * 

(c) * * * 

(1) Notice under this section may be 

delayed in an emergency or situation of 

immediate need where delaying 

designation, revision, or termination of 

a special use area would result in 

significant risk to: 

(i) National security; 

(ii) The safety or security of a 

Reclamation facility, Reclamation 

employees, or the public; or 

(iii) The natural or cultural 

environment. 

(2) * * * 

(3) Failure to meet the notice 

deadlines in paragraphs (b) or (c)(2) of 

this section will not invalidate an 

action, so long as Reclamation meets the 

remaining notification requirements of 

this section. 

(d) When advance notice is not 

required. Advance notice as described 

in paragraph (b) of this section is not 

required if all the following conditions 

are met: 

* * * * * 

■ 17. Remove § 423.62. 

■ 18. Redesignate § 423.63 and § 423.64 

as § 423.62 and § 423.63, respectively. 

■ 19. Revise § 423.63 to read as follows: 

§ 423.63 Existing special use areas. 

Areas where rules were in effect on 

April 17, 2006 that differ from the rules 

set forth in Subpart C are considered 

existing special use areas, and such 

differing rules remain in effect to the 

extent allowed by Subpart A, and to the 

extent they are consistent with § 423.28. 

For those existing special use areas, 

compliance with §§ 423.60 through 

423.62 is not required until the rules 

applicable in those special use areas are 

modified or terminated. 

■ 20. Amend § 423.71 by revising 

paragraph (b) to read as follows: 

§ 423.71 Sanctions. 

* * * * * 

(b) Any condition, limitation, closure, 

prohibition on uses or activities, or 

public use limits, imposed under this 

part 423. 

[FR Doc. E8–22423 Filed 9–23–08; 8:45 am] 

BILLING CODE 4310–MN–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 594 

[Docket No. NHTSA 2008–0114; Notice 2] 

RIN 2127–AK33 

Schedule of Fees Authorized by 49 

U.S.C. 30141 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Final rule. 

SUMMARY: This document adopts fees for 

Fiscal Year 2009 and until further 

notice, 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). These fees are 

needed to maintain the registered 

importer (RI) program. 

We are increasing the fees for the 

registration of a new RI from $677 to 

$760 and the annual fee for renewing an 

existing registration from $570 to $651. 

These fees include the costs of 

maintaining the RI program. The fee 

required to reimburse Customs for 

conformance bond processing costs will 

increase from $9.77 to $10.23 per bond. 

We are decreasing the fees to be 

collected from the importer of each 

vehicle covered by an import eligibility 

decision made on an individual make, 

model, and model year basis. For 

vehicles determined eligible based on 

their substantial similarity to a U.S. 

certified vehicle, the fee will decrease 

from $208 to $198. For vehicles 

determined eligible based on their 

capability of being modified to comply 

with all applicable FMVSS, the fee will 


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54982 Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 

also decrease from $208 to $198. In the 

event that a petitioner requests an 

inspection of a vehicle, the fee for such 

an inspection will remain $827 for 

vehicles that are the subject of either 

type of petition. The fee that an RI must 

pay as a processing cost for review of 

each conformity package that it submits 

to NHTSA will increase to $14 from $13 

per certificate. If the vehicle has been 

entered electronically with Customs 

through the Automated Broker Interface 

(ABI) and the registered importer has an 

e-mail address, the fee for processing 

the conformity package will continue to 

be $6, provided the fee is paid by credit 

card. However, if NHTSA finds that the 

information in the entry or the 

conformity package is incorrect, the 

processing fee will be $48, representing 

no change from the fee that is currently 

charged when there are one or more 

errors in the ABI entry or omissions in 

the statement of conformity. 

DATES: The amendments established by 

this final rule will become effective on 

October 1, 2008, the beginning of FY 

2009. Petitions for reconsideration must 

be received by NHTSA not later than 

November 10, 2008. 

ADDRESSES: Petitions for reconsideration 

of this final rule should refer to the 

docket and notice numbers identified 

above and be submitted to: 

Administrator, National Highway 

Traffic Safety Administration, 1200 New 

Jersey Avenue, SE., West Building, 

Washington, DC 20590. It is requested, 

but not required, that 10 copies of the 

petition be submitted. The petition must 

be received not later than 45 days after 

publication of this final rule in the 

Federal Register. Petitions filed after 

that time will be considered petitions 

filed by interested persons to initiate 

rulemaking pursuant to 49 U.S.C. 

Chapter 301. 

The petition must contain a brief 

statement of the complaint and an 

explanation as to why compliance with 

the final rule is not practicable, is 

unreasonable, or is not in the public 

interest. Unless otherwise specified in 

the final rule, the statement and 

explanation together may not exceed 15 

pages in length, but necessary 

attachments may be appended to the 

submission without regard to the 15- 

page limit. If it is requested that 

additional facts be considered, the 

petitioner must state the reason why 

they were not presented to the 

Administrator within the prescribed 

time. The Administrator does not 

consider repetitious petitions and 

unless the Administrator otherwise 

provides, the filing of a petition does 

not stay the effectiveness of the final 

rule. 

FOR FURTHER INFORMATION CONTACT: 

Clint Lindsay, Office of Vehicle Safety 

Compliance, NHTSA (202–366–5291). 

For legal issues, you may call Nicholas 

Englund, Office of Chief Counsel, 

NHTSA (202–366–5263). 

SUPPLEMENTARY INFORMATION: 

Introduction 

This rule was preceded by a notice of 

proposed rulemaking (NPRM) that 

NHTSA published on August 4, 2008 

(73 FR 45195). 

The National Traffic and Motor 

Vehicle Safety Act, as amended by the 

Imported Vehicle Safety Compliance 

Act of 1988, and recodified at 49 U.S.C. 

30141–30147 (‘‘the Act’’), provides for 

fees to cover the costs of the importer 

registration program, the cost of making 

import eligibility decisions, and the cost 

of processing the bonds furnished to 

Customs. Certain fees became effective 

on January 31, 1990, and have been in 

effect, with modifications, since then. 

On June 24, 1996, we published a notice 

in the Federal Register at 61 FR 32411 

that discussed the rulemaking history of 

49 CFR Part 594 and the fees authorized 

by the Act. The reader is referred to that 

notice for background information 

relating to this rulemaking action. 

We last amended the fee schedule in 

2006. See final rule published on 

August 3, 2006 at 71 FR 43985. Those 

fees applied to Fiscal Years 2007 and 

2008. 

The fees adopted in this final rule are 

based on time expenditures and costs 

associated with the tasks for which the 

fees are assessed. They reflect the 

increase in hourly costs in the past two 

fiscal years attributable to the 

approximately 2.64 and 4.49 percent 

raises (including the locality adjustment 

for Washington, DC) in salaries of 

employees on the General Schedule that 

became effective on January 1, 2007, 

and on January 1, 2008, respectively. 

Comments 

There were no comments in response 

to the notice of proposed rulemaking. 

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. 

Code provides that RIs must pay the 

annual fee the Secretary of 

Transportation establishes ‘‘* * * to 

pay for the costs of carrying out the 

registration program for importers 

* * *.’’ This fee is payable both by new 

applicants and by existing RIs. To 

maintain its registration, each RI, at the 

time it submits its annual fee, must also 

file a statement affirming that the 

information it furnished in its 

registration application (or in later 

submissions amending that information) 

remains correct (49 CFR 592.5(f)). 

In compliance with the statutory 

directive, we reviewed the existing fees 

and their bases in an attempt to 

establish fees that would be sufficient to 

recover the costs of carrying out the 

registration program for importers for at 

least the next two fiscal years. The 

initial component of the Registration 

Program Fee is the fee attributable to 

processing and acting upon registration 

applications. We will increase this fee 

from $266 to $295 for new applications. 

We have also determined that the fee for 

the review of the annual statement 

submitted by existing RIs who wish to 

renew their registrations will be 

increased from $159 to $186. These fee 

adjustments reflect our time 

expenditures in reviewing both new 

applications and annual statements with 

accompanying documentation, as well 

as the inflation factor attributable to 

Federal salary increases and locality 

adjustments in the two years since the 

regulation was last amended. 

We must also recover costs 

attributable to maintenance of the 

registration program that arise from the 

need for us to review a registrant’s 

annual statement and to verify the 

continuing validity of information 

already submitted. These costs also 

include anticipated costs attributable to 

the possible revocation or suspension of 

registrations and reflect the amount of 

time that we have devoted to those 

matters in the past two years. 

Based upon our review of these costs, 

the portion of the fee attributable to the 

maintenance of the registration program 

is approximately $465 for each RI, an 

increase of $54. When this $465 is 

added to the $295 representing the 

registration application component, the 

cost to an applicant comes to $760, 

which is the fee we are adopting. This 

represents an increase of $83 over the 

existing fee. When the $465 is added to 

the $186 representing the annual 

statement component, the total cost to 

an RI renewing its registration comes to 

$651, which represents an increase of 

$81. 

Section 594.6(h) enumerates indirect 

costs associated with processing the 

annual renewal of RI registrations. The 

provision states that these costs 

represent a pro rata allocation of the 

average salary and benefits of employees 

who process the annual statements and 

perform related functions, and ‘‘a pro 

rata allocation of the costs attributable 


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Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 54983 

to maintaining the office space, and the 

computer or word processor.’’ The 

indirect costs that were previously 

calculated at $17.07 per man-hour are 

being increased by $3.24, to $20.31. 

This increase is based on the difference 

between enacted budgetary costs within 

the Department of Transportation for the 

last two fiscal years, which were higher 

than the estimates used when the fee 

schedule was last amended, and takes 

account of further projected increases 

over the next two fiscal years. 

Sections 594.7 and 594.8—Fees To 

Cover Agency Costs in Making 

Importation Eligibility Decisions 

Section 30141(a)(3) also requires RIs 

to pay other fees the Secretary of 

Transportation establishes to cover the 

costs of ‘‘* * * (B) making the decisions 

under this subchapter.’’ This includes 

decisions on whether the vehicle sought 

to be imported is substantially similar to 

a motor vehicle that was originally 

manufactured for importation into and 

sale in the United States and certified by 

its original manufacturer as complying 

with all applicable FMVSS, and 

whether the vehicle is capable of being 

readily altered to meet those standards. 

Alternatively, where there is no 

substantially similar U.S.-certified 

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 based on 

destructive test information or such 

other evidence that NHTSA deems to be 

adequate. These decisions are made in 

response to petitions submitted by RIs 

or manufacturers, or on the 

Administrator’s own initiative. 

The fee for a vehicle imported under 

an eligibility decision made in response 

to a petition is payable in part by the 

petitioner and in part by other 

importers. The fee to be charged for 

each vehicle is the estimated pro rata 

share of the costs in making all the 

eligibility decisions in a fiscal year. 

The fee adopted by this final rule 

reflects the slight increase in hourly 

costs in the past two fiscal years 

attributable to the approximately 2.64 

and 4.49 percent raises (including the 

locality adjustment for Washington, DC) 

in salaries of employees on the General 

Schedule that became effective on 

January 1, 2007, and on January 1, 2008, 

respectively. 

We have also reduced costs by issuing 

a single Federal Register notice to 

announce import eligibility decisions 

made on multiple vehicles. Despite the 

cost savings that have accrued from this 

development, RIs have imported fewer 

vehicles each year since we last 

amended the fee schedule. This has 

increased the pro rata share of petition 

costs that are to be assessed against the 

importer of each vehicle covered by the 

decision to grant import eligibility. 

Although the number of petitions 

submitted in the past two years has 

decreased, the agency has devoted an 

increasing share of staff time to the 

review and processing of import 

eligibility petitions owing to 

complications that result when the 

petitioner or one or more commenters 

request confidentiality for information 

they submit to the agency. Additional 

staff time is also needed to analyze the 

petitions and any comments received 

owing to new requirements being 

adopted in the FMVSS, such as the 

advanced air bag rule that became 

effective September 1, 2006. Despite 

these factors, we are not increasing the 

current fee of $175 that covers the initial 

processing of a ‘‘substantially similar’’ 

petition. We are also maintaining the 

existing fee of $800 to cover the initial 

costs for processing petitions for 

vehicles that have no substantially 

similar U.S.-certified counterpart. 

In the event that a petitioner requests 

an inspection of a vehicle, the fee for 

such an inspection will remain $827 for 

vehicles that are the subject of either 

type of petition. 

Importers of vehicles determined to 

be eligible for importation pay, upon the 

importation of those vehicles, a pro rata 

share of the total cost for making the 

eligibility decision. The importation fee 

varies depending upon the basis on 

which the vehicle is determined to be 

eligible. For vehicles covered by an 

eligibility decision on the agency’s own 

initiative (other than vehicles imported 

from Canada that are covered by 

eligibility numbers VSA–80 through 83, 

for which no eligibility decision fee is 

assessed), the fee will remain $125. 

NHTSA determined that the costs 

associated with previous eligibility 

decisions on the agency’s own initiative 

will be fully recovered by October 1, 

2008. We will apply the fee of $125 per 

vehicle only to vehicles covered by 

determinations made by the agency on 

its own initiative on or after October 1, 

2008. 

The agency’s costs for making an 

import eligibility decision pursuant to a 

petition are borne in part by the 

petitioner and in part by the importers 

of vehicles imported under the petition. 

In 2007, the most recent year for which 

complete data exist, the agency 

expended $76,031 in making import 

eligibility decisions based on petitions. 

The petitioners paid $6,975 of that 

amount in the processing fees that 

accompanied the filing of their 

petitions, leaving the remaining $69,056 

to be recovered from the importers of 

the 236 vehicles imported that year 

under petition-based import eligibility 

decisions. Dividing $69,056 by 236 

yields a pro rata fee of $293 for each 

vehicle imported under an eligibility 

decision that resulted from the granting 

of a petition. 

However, the agency believes that the 

volume of petition-based imports for the 

next two fiscal years should not be 

projected on the basis of a single year, 

particularly one in which the volume of 

petitioned-based imports was atypically 

low. The agency therefore took the 

average number of petition-based 

imports over the past 15 years to project 

the number of such vehicles that would 

be imported in Fiscal Years 2009 and 

2010. Further, we assume that petitions 

filed during Fiscal Years 2009 and 2010 

would also more closely reflect the 

average number of petitions received 

each year since 1991, the first year that 

the agency received RI petitions. Based 

on these estimates, we project that 621 

vehicles would be imported under 

petition-based eligibility decisions and 

that 39 petition-based import eligibility 

decisions would be made. 

Based on these estimates, the agency’s 

costs for processing these petitions 

would increase to no more than 

$136,000. Petitioners would pay slightly 

more than $13,000 of that amount in the 

processing fees that accompany the 

filing of their petitions, leaving the 

remaining $123,000 to be recovered 

from the importers of the 621 vehicles 

to be imported each year under petitionbased import eligibility decisions. 

Dividing $123,000 by 621 yields a pro 

rata fee of $198 for each vehicle 

imported under an eligibility decision 

that results from the granting of a 

petition. 

Based on our estimates for Fiscal 

Years 2009 and 2010, the pro rata fee to 

be paid by the importer of each such 

vehicle will decrease from $208 to $198, 

representing a decrease of $10 from the 

existing fee for each vehicle imported. 

The same $198 fee will be paid 

regardless of whether the vehicle was 

petitioned under 49 CFR 593.6(a), based 

on the substantial similarity of the 

vehicle to a U.S.-certified model, or was 

petitioned under 49 CFR 593.6(b), based 

on the safety features of the vehicle 

complying with, or being capable of 

being modified to comply with all 

applicable FMVSS. 

Section 594.9—Fee To Recover the Costs 

of Processing the Bond 

Section 30141(a)(3) also requires an RI 

to pay any other fees the Secretary of 

Transportation establishes ‘‘* * * to 

pay for the costs of—(A) processing 


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54984 Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 

bonds provided to the Secretary of the 

Treasury * * *’’. Under Section 

30141(d), the bond is provided at the 

time a nonconforming vehicle is 

imported to ensure that the vehicle will 

be brought into compliance within 120 

days, as required by 49 CFR 591.8(d)(1), 

or if the vehicle is not brought into 

compliance within such time, that it be 

exported, without cost to the United 

States, or abandoned to the United 

States. See Section 30141(d)(1)(B). 

Customs now exercises the functions 

associated with the processing of these 

bonds. The statute contemplates that we 

will make a reasonable determination of 

the cost that Customs incurs in 

processing the bonds. 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 Customs has judged to be 20 

minutes. 

Based on General Schedule salary and 

locality raises that were effective in 

January 2007 and 2008 and the 

inclusion of costs for benefits, we are 

increasing the processing fee by $0.46, 

from $9.77 per bond to $10.23. This fee 

will reflect the direct and indirect costs 

that are actually associated with 

processing the bonds. 

Section 594.10—Fee for Review and 

Processing of Conformity Certificate 

Each RI is currently required to pay 

$13 per vehicle to cover the costs the 

agency incurs in reviewing a certificate 

of conformity. We have found that these 

costs have increased to an average of 

$14 per vehicle because of increased 

contractor and overhead costs. Based on 

these costs, we are increasing the fee 

charged for vehicles for which a paper 

entry and fee payment is made, from 

$13 to $14, a difference of $1 per 

vehicle. However, if an RI enters a 

vehicle through the ABI system, has an 

e-mail address to receive 

communications from NHTSA, and pays 

the fee by credit card, the cost savings 

that we realize allow us to significantly 

reduce the fee to $6. We are maintaining 

the fee of $6 per vehicle if all the 

information in the ABI entry is correct. 

Errors in ABI entries not only 

eliminate any time savings, but also 

require additional staff time to be 

expended in reconciling the erroneous 

ABI entry information with the 

conformity data that is ultimately 

submitted. Our experience with these 

errors has shown that staff members 

must examine records, make timeconsuming long distance telephone 

calls, and often consult supervisory 

personnel to resolve the conflicts in the 

data. We have calculated this staff and 

supervisory time, as well the telephone 

charges, to amount to approximately 

$42 for each erroneous ABI entry. 

Adding this to the $6 fee for the review 

of conformity packages on automated 

entries yields a total of $48, representing 

no change in the fee that is currently 

charged when there are one or more 

errors in the ABI entry or omissions in 

the statement of conformity. 

Statutory Basis for the Final Rule and 

Effective Date 

NHTSA is required under 49 U.S.C. 

30141(e) to ‘‘review and make 

appropriate adjustments at least every 2 

years in the amounts of the fees’’ 

relating to the registration of importers, 

the processing of bonds, and making 

decisions concerning the importation of 

nonconforming vehicles. The statute 

further requires the agency to ‘‘establish 

the fees for each fiscal year before the 

beginning of that year.’’ This final rule 

implements the statutory provisions. In 

the NPRM, we proposed to make this 

rule effective October 1, 2008, and did 

not receive any comments on this issue. 

In order to meet the statutory deadline, 

the agency finds under 5 U.S.C. 

553(d)(3) that it has good cause to make 

this final rule effective less that thirty 

days after its publication in the Federal 

Register. Accordingly, the effective date 

of this final rule is October 1, 2008. 

Rulemaking Analyses and Notices 

A. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993), provides for making 

determinations whether a regulatory 

action is ‘‘significant’’ and therefore 

subject to Office of Management and 

Budget (OMB) review and to the 

requirements of the Executive Order. 

The Order defines a ‘‘significant 

regulatory action’’ as one that is likely 

to result in a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or Tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

NHTSA has considered the impact of 

this rulemaking action under Executive 

Order 12866 and the Department of 

Transportation’s regulatory policies and 

procedures. This rulemaking is not 

significant. Accordingly, the Office of 

Management and Budget has not 

reviewed this rulemaking document 

under Executive Order 12886. Based on 

the level of the fees and the volume of 

affected vehicles, 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 would be no 

substantial effect upon State and local 

governments. There would be no 

substantial impact upon a major 

transportation safety program. A 

regulatory evaluation analyzing the 

economic impact of the final rule 

establishing the registered importer 

program, adopted on September 29, 

1989, was prepared, and is available for 

review in the docket. 

B. Regulatory Flexibility Act 

Pursuant to the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq., as amended by 

the Small Business Regulatory 

Enforcement Fairness Act (SBFEFA) of 

1996), whenever an agency is required 

to publish a notice of proposed 

rulemaking for any proposed or final 

rule, it must prepare and make available 

for public comment a regulatory 

flexibility analysis that describes the 

effect of the rule on small entities (i.e., 

small businesses, small organizations, 

and small governmental jurisdictions). 

The Small Business Administration’s 

regulations at 13 CFR Part 121 define a 

small business, in part, as a business 

entity ‘‘which operates primarily within 

the United States.’’ (13 CFR 

§ 121.105(a)). No regulatory flexibility 

analysis is required if the head of an 

agency certifies that the rule would not 

have a significant economic impact on 

a substantial number of small entities. 

The SBREFA amended the Regulatory 

Flexibility Act to require Federal 

agencies to provide a statement of the 

factual basis for certifying that a rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

The agency has considered the effects 

of this rulemaking under the Regulatory 

Flexibility Act, and certifies that the 

adopted amendments will not have a 

significant economic impact upon a 

substantial number of small entities. 

The following is NHTSA’s statement 

providing the factual basis for the 

certification (5 U.S.C. 605(b)). The 

adopted amendments will primarily 


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Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 54985 

affect entities that currently modify 

nonconforming vehicles and which are 

small businesses within the meaning of 

the Regulatory Flexibility Act; however, 

the agency has no reason to believe that 

these companies would be unable to pay 

the fees adopted in this rulemaking 

action. In most instances, these fees 

would not be changed or be only 

modestly increased (and in some 

instances decreased) from the fees 

previously being paid by these entities. 

Moreover, consistent with prevailing 

industry practices, these fees should be 

passed through to the ultimate 

purchasers of the vehicles that are 

altered and, in most instances, sold by 

the affected registered importers. The 

cost to owners or purchasers of 

nonconforming vehicles that are altered 

to conform to the FMVSS may be 

expected to increase (or decrease) 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 13132 (Federalism) 

Executive Order 13132 on 

‘‘Federalism’’ requires NHTSA to 

develop an accountable process to 

ensure ‘‘meaningful and timely input by 

State and local officials in the 

development of regulatory policies that 

have Federalism implications.’’ 

Executive Order 13132 defines the term 

‘‘policies that have federalism 

implications’’ to include regulations 

that have ‘‘substantial direct effects on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government.’’ Under Executive 

Order 13132, NHTSA may not issue a 

regulation that has federalism 

implications, that imposes substantial 

direct compliance costs, and that is not 

required by statute, unless the Federal 

government provides the funds 

necessary to pay the direct compliance 

costs incurred by State and local 

governments, or NHTSA consults with 

State and local officials early in the 

process of developing the proposed 

regulation. 

The amendments adopted in this final 

rule will not have substantial direct 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government as 

specified in Executive Order 13132. 

Moreover, NHTSA is required by statute 

to impose fees for the administration of 

the RI program and to review and make 

necessary adjustments in those fees at 

least every two years. Thus, the 

requirements of section 6 of the 

Executive Order do not apply to this 

rulemaking action. 

D. National Environmental Policy Act 

NHTSA has analyzed this action for 

purposes of the National Environmental 

Policy Act. The action would not have 

a significant effect upon the 

environment because it is solely 

concerned with the adjustment of fees 

associated with the agency’s vehicle 

importation program. On account of 

those fee adjustments, the annual 

volume of motor vehicles imported 

through registered importers is not 

anticipated to vary significantly from 

that existing before promulgation of the 

rule. 

E. Executive Order 12778 (Civil Justice 

Reform) 

Pursuant to Executive Order 12988 

‘‘Civil Justice Reform,’’ this agency has 

considered whether the amendments 

adopted in this final rule will have any 

retroactive effect. NHTSA concludes 

that those amendments will not have 

any retroactive effect. Judicial review of 

the final rule may be obtained pursuant 

to 5 U.S.C. 702. That section does not 

require that a petition for 

reconsideration be filed prior to seeking 

judicial review. 

F. Unfunded Mandates Reform Act of 

1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

requires agencies to prepare a written 

assessment of the costs, benefits, and 

other effects of proposed or final rules 

that include a Federal mandate likely to 

result in the expenditure by State, local, 

or tribal governments, in the aggregate, 

or by the private sector, of more than 

$100 million annually (adjusted for 

inflation with the base year of 1995). 

Before promulgating a rule for which a 

written assessment is needed, Section 

205 of the UMRA generally requires 

NHTSA to identify and consider a 

reasonable number of regulatory 

alternatives and to adopt the least 

costly, most cost-effective, or least 

burdensome alternative that achieves 

the objectives of the rule. The 

provisions of Section 205 do not apply 

when they are inconsistent with 

applicable law. Moreover, section 205 

allows NHTSA to adopt an alternative 

other than the least costly, most costeffective or least burdensome alternative 

if the agency publishes with the final 

rule an explanation why that alternative 

was not adopted. Because this final rule 

will not require the expenditure of 

resources beyond $100 million 

annually, this action is not subject to the 

requirements of sections 202 and 205 of 

the UMRA. 

G. Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995, a person is not required to 

respond to a collection of information 

by a Federal agency unless the 

collection displays a valid OMB control 

number. This final rule will require no 

information collections. 

H. Executive Order 13045 

Executive Order 13045 applies to any 

rule that (1) is determined to be 

‘‘economically significant’’ as defined 

under Executive Order 12866, and (2) 

concerns an environmental, health, or 

safety risk that NHTSA has reason to 

believe may have a disproportionate 

effect on children. If the regulatory 

action meets both criteria, we must 

evaluate the environmental health or 

safety effects of the planned rule on 

children, and explain why the planned 

rule is preferable to other potentially 

effective and reasonably feasible 

alternatives considered by us. This 

rulemaking is not economically 

significant and does not concern an 

environmental, health, or safety risk. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104– 

113, section 12(d) (15 U.S.C. 272) 

directs NHTSA to use voluntary 

consensus standards in its regulatory 

activities unless doing so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies, such as the Society of 

Automotive Engineers (SAE). The 

NTTAA directs the agency to provide 

Congress, through the OMB, 

explanations when we decide not to use 

available and applicable voluntary 

consensus standards. 

After conducting a search of available 

sources, we have concluded that there 

are no voluntary consensus standards 

applicable to this final rule. 

J. Privacy Act 

Anyone is able to search the 

electronic form of all submissions 


rwilkins on PROD1PC63 with RULES
54986 Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 

received into any of our dockets by the 

name of the individual submitting the 

comment or petition (or signing the 

comment or petition, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (Volume 65, Number 70; Pages 

19477–78). 

K. Regulation Identifier Number (RIN) 

The Department of Transportation 

assigns a regulation identifier number 

(RIN) to each regulatory action listed in 

the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. You may use the RIN that appears 

in the heading on the first page of this 

document to find this action in the 

Unified Agenda. 

List of Subjects in 49 CFR Part 594 

Imports, Motor vehicle safety, Motor 

vehicles. 

■ In consideration of the foregoing, Part 

594, Schedule of Fees Authorized by 49 

U.S.C. 30141, in Title 49 of the Code of 

Federal Regulations is amended as 

follows: 

PART 594—SCHEDULE OF FEES 

AUTHORIZED BY 49 U.S.C. 30141 

■ 1. The authority citation for part 594 

continues to read as follows: 

Authority: 49 U.S.C. 30141, 31 U.S.C. 

9701; delegation of authority at 49 CFR 1.50. 

■ 2. Amend § 594.6 by: 

■ A. Revising the introductory text of 

paragraph (a); 

■ B. Revising paragraph (b); 

■ C. Revising paragraph (d); 

■ D. Revising the second sentence of 

paragraph (h); and 

■ E. 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, 2008, 

must pay an annual fee of $760, 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 filed on and 

after October 1, 2008, is $295. The sum 

of $295, representing this portion, shall 

not be refundable if the application is 

denied or withdrawn. 

* * * * * 

(d) That portion of the initial annual 

fee attributable to the remaining 

activities of administering the 

registration program on and after 

October 1, 2008, is set forth in 

paragraph (i) of this section. This 

portion shall be refundable if the 

application is denied, or withdrawn 

before final action upon it. 

* * * * * 

(h) * * * This cost is $23.31 per manhour for the period beginning October 1, 

2008. 

(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, 2008, is $465. When added 

to the costs of registration of $295, as set 

forth in paragraph (b) of this section, the 

costs per applicant to be recovered 

through the annual fee are $760. The 

annual renewal registration fee for the 

period beginning October 1, 2008, is 

$651. 

■ 3. Amend § 594.7 by revising the 

section heading and paragraph (e) to 

read as follows: 

§ 594.7 Fee for filing petitions for a 

determination whether a vehicle is eligible 

for importation. 

* * * * * 

(e) For petitions filed on and after 

October 1, 2008, the fee payable for 

seeking a determination under 

paragraph (a)(1) of this section is $175. 

The fee payable for a petition seeking a 

determination under paragraph (a)(2) of 

this section is $800. If the petitioner 

requests an inspection of a vehicle, the 

sum of $827 shall be added to such fee. 

No portion of this fee is refundable if 

the petition is withdrawn or denied. 

* * * * * 

■ 4. Amend § 594.8 by revising 

paragraph (b) and the first sentence of 

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 $198. The direct and indirect 

costs that determine the fee are those set 

forth in §§ 594.7(b), (c), and (d). 

(c) If a determination has been made 

on or after October 1, 2008, pursuant to 

the Administrator’s initiative, the fee for 

each vehicle is $125. * * * 

■ 5. Amend § 594.9 by revising 

paragraph (c) 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, 

2008, for which a certificate of 

conformity is furnished, is $10.23. 

■ 6. Amend § 594.10 by revising 

paragraph (d) to read as follows: 

§ 594.10 Fee for review and processing of 

conformity certificate. 

* * * * * 

(d) The review and processing fee for 

each certificate of conformity submitted 

on and after October 1, 2008 is $14. 

However, if the vehicle covered by the 

certificate has been entered 

electronically with the U.S. Department 

of Homeland Security through the 

Automated Broker Interface and the 

registered importer submitting the 

certificate has an e-mail address, the fee 

for the certificate is $6, provided that 

the fee is paid by a credit card issued 

to the registered importer. If NHTSA 

finds that the information in the entry 

or the certificate is incorrect, requiring 

further processing, the processing fee 

shall be $48. 

Issued on: September 18, 2008. 

Ronald L. Medford, 

Senior Associate Administrator for Vehicle 

Safety. 

[FR Doc. E8–22334 Filed 9–23–08; 8:45 am] 

BILLING CODE 4910–59–P 


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