  SEQ CHAPTER \h \r 1 

D R A F T 

Supporting Statement

for

Information Collection Request

Motor Vehicle and Engine Compliance Program Fees (Renewal)

EPA ICR 2080.03

September 2006

Certification and Innovative Strategies Division 

Office of Transportation and Air Quality 

Office of Air and Radiation 

U.S. Environmental Protection Agency

Part A Of The Supporting Statement

1.	Identification of the Information Collection

1(a) Title and Number of the Information Collection

									

Motor Vehicle and Engine Compliance Program Fees

1(b) Short Characterization

	As required by the Clean Air Act (42 USC 7401 et seq.) the
Environmental Protection Agency (EPA) has regulations establishing
emission standards (and other requirements) for various classes of
vehicles and engines. In accordance with the Clean Air Act, these
regulations also require that compliance be demonstrated prior to EPA
granting a "Certificate of Conformity".  Such certification is necessary
before the product can be introduced into commerce.  In some instances,
manufacturers and importers of regulated vehicles and engines are also
subject to production line audits and in-use testing to assure
compliance throughout the products’ useful lives. 

	In the case of passenger cars, motorcycles, light trucks, and
heavy-duty truck engines, EPA has charged fees for administering these
compliance programs since 1992. In 2004, EPA promulgated regulations to
add several classes of recently regulated vehicles and engines (referred
to as “off-road” for convenience) to the fees program (69 FR 2621,
May 11, 2004, effective July 12, 2004). The Information Collection
Request for that rule was 2080.02, OMB 2060-0545, approved by OMB on
March 18, 2004, through March 31, 2007.   The present ICR 2080.03 is a
renewal of that collection. It reflects the first two years of
experience administering the new fees regulations. Passenger cars,
motorcycles, light trucks, and heavy-duty truck engines were covered in
the certification ICR, 0783, OMB 20660.0104, which was renewed in ICR
0783.47 through November 30, 2008. In line with our efforts to
disaggregate the certification ICR into discrete program elements to the
extent practicable, we are now combining all the certification fees in
this ICR. This is a logical reorganization, because all fees are now
processed as a single system, with the help of a single contractor,
using the same fees staff; also, the online form combine the new nonroad
with the old on-road engine categories.  The certification ICR will be
adjusted to reflect the shift in the fees burden heretofore included in
that ICR. 

	In order to collect fees and accurately account for them, a certain
amount of information is required, such as who is paying the fee, the
category of  vehicle or engine to which it applies, and the method of
payment.  Fees must be paid before EPA begins its review of the
manufacturer's application.  This information is used by EPA's Office of
Air and Radiation, Office of Transportation and Air Quality,
Certification and Innovative Strategies Division to insure that the
required fee has been paid before an application for certification is
processed.  It also provides part of the documentation used by EPA’s
Office of Financial Services in processing fee refunds. In model year
2005, 290 separate manufacturing and importing corporate entities filed
forms associated with approximately 2090 payments or refunds of
certification fees.  

	The forms in use are the paper on-road and off-road fee filing forms, a
correction form, a miscellaneous payments due form, and a refund request
form; certain reduced fee payers are also required to file a year-end
reduced fee report. The above named forms also exist online at  
HYPERLINK "http://www.Pay.gov"  www.Pay.gov , with the difference that
the on-road and off-road filing forms are combined, and a template for
the year-end report is provided as part of the miscellaneous payments
due form. 

	It should be noted that this ICR does not include the burden of
complying with the actual certification requirements; only the burdens
associated with completing and filing the fee forms are covered here.
Substantive certification burdens have been addressed elsewhere,
primarily in the certification ICR, 0783, OMB 2060-0104.

2.	Need for and Use of the Collection

2(a) Need/Authority for the Collection

	Information supplied on the fee filing form assures that the correct
fee for certification has been paid and is posted to the appropriate
account. This collection is authorized by the Clean Air Act (42 USC
7552) and the Independent Offices Appropriations Act (31 USC 9701). 

2(b) Practical Utility/Users of the Data

	EPA uses the information collected to verify that appropriate fees have
been paid and that the amounts are posted to the proper account, that
corrections are accurately entered, that fees match the engine families
certified, that refunds are properly processed, and to provide a paper
trail in the case of need to audit fee matters. 

3.Nonduplication, Consultations and Other Collection Criteria

3(a) Nonduplication

	The information contained on the fee forms is necessary to link the
fees paid with  certificates being reviewed and issued. At this time,
these two data systems are separate, and without the fee filing form
there would be no way to insure that fees are paid for each engine
family prior to certification. In some but not all cases, financial
documents contain engine family information in relevant data fields that
could be used to associate payments with engine families, but since this
information is not always available, it is at present necessary to rely
on the fee filing form. It is possible that, in the future, we may be
able to make better use of this deposit information, although there are
significant barriers to doing so. 

3(b) Public Notice

	An announcement soliciting public comment on this ICR will be published
in the Federal Register. 

3(c) Consultations

	EPA consulted with the following individuals in preparing this ICR:

	Individual	Firm	Telephone

	Sandra Vyletel	Hyundai	(734) 213-3343

	Jonathan Weisheit	J.K. Technologies	(410) 366-6332

	Kim Sinacola	General Motors	(248) 685-5641

	

3(d) Effects of Less Frequent Collection

	The CAA requires that emission certification be done on a yearly basis
(42 USC 7525(a)). EPA allows applicants to define their own annual
production period, thus granting some flexibility in this regard.
However, as certification is an annual event, submission of the fee
payment information must also be on an annual basis.

3(e) General Guidelines

	This information collection activity complies with the requirements of
5 CFR 1320.5(d).

3(f) Confidentiality

	After a certificate of conformity has been issued, most information
associated with the manufacturer/importer's application is available to
the public. Under section 208 of the Clean Air Act (42 USC 7542(c)) all
information, other than trade secret processes or methods, must be
publicly available.

	

3(g) Sensitive Questions

	No sensitive questions are asked in this information collection. This
collection complies with the Privacy Act and OMB Circular A-108.

4. Respondents and Information Requested

4(a) Respondents/SIC Codes

	The respondents are manufacturers or importers of various engines and
vehicles. The following Standard Industrial Classification codes are
associated with this information collection:

	

	

Category	

NAICS

Codes (1)	

SIC

Codes(2)	

Examples of Potentially Regulated Entities

Industry	333111	3523	Farm Machinery and Equipment Manufacturing

Industry	333112	3524	Lawn and Garden Tractor and Home Lawn and Garden
Equipment Manufacturing

Industry	333120	3531	Construction Machinery Manufacturing

Industry	333131	3532	Mining Machinery and Equipment Manufacturing

Industry	333132	3533	Oil & Gas Field Machinery

Industry	333210	3553	Sawmill & Woodworking Machinery

Industry	333924	3537	Industrial Truck, Tractor, Trailer, and Stacker
Machinery Manufacturing

Industry	333991	3546	Power Driven Handtool Manufacturing

Industry	336111	3711	Automotive and Light-Duty Motor Vehicle
Manufacturing

Industry	336120	3711	Heavy Duty Truck Manufacturing

Industry	336213	3716	Motor Home Manufacturing

Industry	336311	3592	Motor Vehicle Gasoline Engine and Engine Parts
Manufacturing

Industry	336312	3714	Gasoline Engine & Engine Parts Manufacturing

Industry	336991	3751	Motorcycle, Bicycle, and Parts Manufacturing

Industry	336211	3711	Motor Vehicle Body Manufacturing

Industry	333618	3519	Gasoline, Diesel & dual-fuel engine Manufacturing

Industry	811310	7699	Commercial & Industrial Engine Repair and
Maintenance

Industry	336999	3799	Other Transportation Equipment Manufacturing 

Industry	421110	------	Independent Commercial Importers of Vehicles and
Parts

Industry	333612	3566	Speed Changer, Industrial High-speed Drive and Gear
Manufacturing

Industry	333613	3568	Mechanical Power Transmission Equipment
Manufacturing

Industry	333618	3519	Other Engine Equipment Manufacturing



(1) North American Industry Classification System (NAICS)

(2) Standard Industrial Classification (SIC) system code.	

4(b) Information Requested

(i) Data items, including recordkeeping requirements.

	Manufacturers of regulated vehicles and engines are required to pay
fees to support EPA’s compliance activities.  As such, they are
required to submit certain information and undertake certain actions.
Copies of the current paper forms are attached. The regulatory
provisions governing their content are as follow:

	

	Indication of fee category                               40 CFR 85.2405


	Request for fee reduction, if applicable	40 CFR 85.2406

	Model year reduced fee payment report	40 CFR 85.2406(e)

	Request for refund, if applicable	40 CFR 85.2407

	Applicant information		40 CFR 85.2408

	

	Reduced fee certificate holders are required to retain records
pertaining to the reduced fee calculation for three years after the date
of the certificate and produce them within thirty days upon request (40
CFR 85.2406(e)(5)). 

(i) Respondent Activities

	Respondents prepare the fee filing form the applicant’s name,
address, the engine family being certified, the amount being paid, and
the form of payment. If there is a mistake in the form (wrong engine
family name, model year, change in manufacturer code, etc.) then the
applicant prepares and submits a correction form. If there is an
underpayment, the applicant prepares and submits an additional fee
filing form, or a miscellaneous payments due form, with the additional
payment. If there has been an overpayment or the application is denied
or withdrawn, the applicant may prepare and submits a refund request
form. Recently, the correction form has been modified to allow
application of an overpayment to the fee for an upcoming certification
request.  This saves manufacturers the trouble and delay in preparing
and receiving a refund, and saves EPA the burden of processing such
refund requests. 

	If the aggregate estimated retail sales value of the vehicles or
engines (or, in the case of alternative fuels converters, of the value
added by the conversion kit) is less than one percent of the full fee,
the applicant may file a reduced fee equal to that one percent or $750,
whichever is more. Most such reduced fee applicants are independent
commercial importers (ICIs). Such submissions are for a specific number
of vehicles, or five vehicles if the number is less than six. Additional
vehicles (such as additional imports) require an amended certificate and
submission of additional one percent payments with accompanying fee
filing forms. At the end of the model year, reduce fee payees who
initially paid for five or fewer vehicles are required to submit a model
year reduced fee payment report.

5. The Information Collected--Agency Activities, Collection Methodology,
and Information Management

5(a) Agency Activities

	Prior to reviewing an application for certification, EPA certification
staff verify that the appropriate fee has been paid. EPA has hired a
contractor to track all fee payments and fee forms. The contractor lists
those engine families, and only those engine families, for which a fee
filing form and the proper fee payment, including a reduced fee
justification, where applicable, have been paid. EPA certification
representatives are instructed not to issue certificates for engine
families not listed in this database, which is prepared and distributed
twice weekly within the Agency. For certificates issued through the
electronic CFEIS ACGM (Automatic Certificate Generation Mechanism), the
certificates that are generated are checked against this database before
release; similarly, “fee paid” flags must be set in the new
electronic Verify information system prior to certification. (Verify is
the next generation compuerized certification information system that is
being rolled out in modules; at this writing, the first module, on-road
motorcycles, is being implemented.)  EPA fees staff use information on
fee filing forms to contact manufacturer representatives in case of
problems or other fees business, such as obtaining account information
for refund purposes or notification of underpayments. EPA’s Office of
Financial Services records deposits to EPA’s certification account and
processes fee refund payments. 

5(b) Collection Methodology and Management

	Fee payment documentation (such as bank batch reports and “ACT
Reports”) as well as fee forms are collected by EPA's contractor. This
documentation and the forms come from a variety of sources: downloaded
Pay.gov forms and payment records, deposit records from EPA’s bank
send by mail, forms received by the bank in connection with those
payments, queries to the Federal Chashlink database, confirmatory
deposit records from EPA’s Office of Financial Services, and forms
emailed or faxed to EPA and forwarded to the contractor.  The Office of
Financial Services normally confirms payments using the same methods and
receives duplicates of fee filing forms that have been processed through
EPA’s bank.  The contractor’s paper records and fees database as
well as the Financial Services Division’s deposit records are
available as an ongoing permanent record of fees payments and paperwork.


5(c) Small Entity Flexibility

	Although the reduced fee provisions are not explicitly limited to small
entities, nearly all of such applications are from small businesses. 

5(d) Collection Schedule

While the manufacturer or importer must obtain certification on an
annual basis, they have considerable flexibility in defining their
annual production period. The fee filing form must be submitted prior to
EPA's processing the application for emission certification. Correction
forms, refund forms, and miscellaneous payments due forms are submitted
as the need arises. Model year reduced fee payment reports are to be 
submitted by those required to so within 30 days of the end of the model
year. 

 

6.Estimating the Burden and Cost of the Collection

(a) Estimating Respondent Burden

	The burden estimate for completing and sending the fee filing form,
correction form, or miscellaneous payments form (0.3 hours) was
determined from the consultations with industry representatives.  That
estimate represents a weighted mean for all fee filing forms, including
those requesting reduced fees due to low projected sales. Some larger
manufacturers have automated the process of preparing the fee filing
form and wiring payment; their burden will be far less than 0.3 hours.
Preparing the end of model year reduced fee report can be a considerably
larger burden for a small number of businesses who handle many reduced
fee engine families.  Some foreign entities have experienced problems
with transaction fees being deducted from their payments before they
reach EPA, resulting in the need for additional payments to be filed
before their applications can be cleared for processing. Such
transactions can involve considerable correspondence with EPA. On the
other hand, we have provided forms that can be filled out and filed
on-line, and either paid on-line or off-line. Online payment methods
include electronic funds transfer and credit card. We have received very
positive response to this option, and the problem rate has been much
lower than for paper filings. This burden estimate does not include the
financial arrangements that manufacturers make for arranging these and
other payments in the course of doing business (i.e., banking
arrangements). Manufacturers may make one payment covering several
certification fees, as long as the payment can be linked through the
proper forms with the engine families being reviewed for certification.
We have recently provided forms in plain text and fillable PDF formats
so that manufacturers can more easily fill out non-Pay.gov forms at
their computer rather than, as has been true in some cases, copying and
filling them out by hand. 

	EPA estimates requesting a reduced fee or refund will take about one
hour per certificate. This time may be greater in the case of additional
payments for additional vehicles under the same reduced fee engine
family, but it will be less in simpler cases. Prior to the new fees
regulations, a reduced fee waiver had to have been applied for and
received separately from and prior to the fee payment. Currently,
reduced fee payments only require stating the estimated aggregate sales
value of the vehicles covered and the one percent calculation thereof in
support of the payment; this calculation has been incorporated into the
online Fee Filing Form. We do expect manufacturers to be able to support
such estimates upon request. While there is no standard form for this
information, at a minimum it requires a statement of projected sales and
prices; such information is necessary for ordinary business planning
purposes in any event. 

6(b) Estimating Respondent Costs

(i) Estimating Labor Costs.

	The estimated cost for labor is $100 per hour.  This  cost estimate was
obtained  in consultations with the industry. The labor cost rates
provided by the Bureau of Labor Statistics were not used because of the
wide variety of manufacturers producing differing varieties of vehicles
and engines, in a variety of domestic and international locations. 

(ii) Estimating Capital and Operations and Maintenance Costs

	There are no capital or operations and maintenance costs associated
with this collection’s recordkeeping. Recordkeeping costs are not
separable from such costs for certification in general; reduced fee
recordkeeping is considered as a part of the ICI burden in the
nonconforming imports ICRs. There is some postage costs for those
manufacturers who choose to submit checks and fee filing forms by
surface mail; their number is expected to decrease as online payments
and online or email form filing options continue to increase in use. 
Many manufacturers who submit forms and checks through the mails rely on
private mail services (such as FedEx). We have added a $3.00 per mailing
O&M cost for getting the forms to EPA. 

(iii) Capital/Start-up vs. Operating and Maintenance (O&M) Costs 

	There are no capital or start-up costs associated with this collection.

6(c) Estimating Agency Burden

	The fees program is administered overall by a fees team in EPA’s
Compliance and Innovative Strategies Division. Secondarily it is
administered by each of the certification representatives in the
Division, who have a responsibility to determine that fees have been
paid prior to certification review, and by EPA’s contractor. In
addition, EPA’s Office of Financial Services keeps deposit records and
processes fee refunds. Forty percent of one GS 12 Full Time Equivalent
(FTE) employee, twenty-five percent of another GS 12 FTE, and fifty
percent of one Senior Environmental Employee (SEE) Program employee (the
SEE Program is an employment program for older workers authorized by the
Environmental  Programs assistance Act, passed by Congress in l984, and
provides employment opportunities to senior citizens age 55 and over),
are allocated to the fees team. An additional one percent of five FTE
and 14 SEE employees is also allocated to fees-related activity in the
process of certification reviews.  Government cost is based on a GS-12
salary for professional engineers ($34.35/hr) obtained from the Office
of Personal Management; and $12.74/hr for SEE employees, with a 1.6
multiplier for overhead applied to both.  The contract work for the
upcoming period is estimated as $100,000 per year. An estimated total
Agency cost of  1.6x($44,655 + $3,435 + $3,491.60 + $12,740) + $100,000
+ OFS = $202,915 + FMD.  

6(d) Estimating the Respondent Universe and Total Burden and Costs

EPA queried its certification fees database for the numbers of fee
filing forms, correction forms, miscellaneous payment forms, and refund
request forms received, in paper form or downloaded from Pay.gov.
Because the Pay.gov option has only been available since November, 2005,
we do not yet have a reliable estimate of the proportion of fee forms
and payments received by this method. We also queried the number of fee
filing forms that were associated with reduced fee payments, and counted
the number of year-end reduced fee reports.  These tallies are
considered accurate to within ten percent.  It includes both onroad and
off-road categories

	Total full fee filing or misc payments forms	1815

	Total reduced fee forms	 	  133

	Correction forms		  	  133

	Refund request forms		    	    51

	TOTAL		                                       2132

The least precise of these tallies is for refund request forms.
Twenty-two refunds were processed by FMD in calendar 2005; through July,
2006, there have been 35 for calendar year 2006. The increase may be due
to the $750 payment minimum that became effective for reduced fees in
July, 2004. A total of fifty for the entire fees program seems prudent. 
Of the refund requests received in 2006, approximately five may be
considered year-end reduced fee reports. 

6(e) Bottom Line Burden Hours and Cost

(i) Respondent Tally

Labor:

		Occurrences	Labor/Cost	Total	Total

	Activity	Year	 Occurrence	HoursCost	Cost

	Fee filing	1815	0.3	544.5	$54,450

	Reduced fee	133	1.0	133	$13,300

	Correction	133	0.3	39.9	$3,990

	Fee refunds	51	1.0	51	$5,100

	Total	2132		768.4	$76,840

O&M:		2132	$3	8701.2	$8,701

TOTAL				$85,541

(ii) Agency tally

EPA estimates that it takes approximately 1,780 hours per year [+ FMD]
and $202,915 [+ FMD] to administer the entire certification fees
program. 

6(f) Reasons For Change In Burden

ICR 2080.02 for non-road fees had a bottom line tally of 500 hours and
$50,000 in labor costs per year of reporting respondent burden. Because
Form 83-I had no line item for labor costs, the annual reporting and
recordkeeping cost burden was $0. ICR 0783.47 had a bottom line tally of
129 hours and $11,643, of which $858 was O&M and $10,785 was labor. The
present ICR replaces these two estimates with one combined estimate that
is based on an actual count of forms submitted under the new fees rule
rather than a count of categories of respondents. In addition, this ICR
adjusts the estimated time to complete refund and correction forms, and
adds an O&M cost for the non-road portion. These changes are
adjustments. In addition, 35 new nonroad forms and a proportionate
number of reduced fee, correction, and refund forms, have been added to
reflect new stationary source compression ignition engines that are
projected to apply for certification beginning with model year 2007. 

6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection
of information is estimated to average 0.3  hours for each application
for emission certification.  The total burden is 662 hours/year with a
total cost of $81,570/year. These estimates include time to review
applicable regulations and guidance documents, generate and gather the
necessary information and submit documents.  Burden means the total
time, effort, or financial resources expended by persons to generate,
maintain, retain, or disclose or provide information to or for a Federal
agency.  This includes the time needed to review instructions; develop,
acquire, install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information.  An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays a
currently valid OMB control number.  The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.     

	To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID No.
OAR-2003-0111, which is available for public viewing at the Air and
Radiation Docket and Information Center,  in the EPA Docket Center
(EPA/DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington,
DC.   The EPA Docket Center Public Reading Room  is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding legal holidays.  The
telephone number for the Reading Room is (202) 566-1744, and the
telephone number for the Air Docket is (202) 566-1742.  An electronic
version of the public docket is available through EPA Dockets (EDOCKET)
at http://www.epa.gov/edocket.  Use EDOCKET to submit or view public
comments, access the index listing of the contents of the public docket,
and to access those documents in the public docket that are available
electronically.  Once in the system, select “search,” then key in
the docket ID number identified above.  Also, you can send comments to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk
Office for EPA.  Please include the EPA Docket ID No.  (OAR-2003-0111)
in any correspondence. 

Attachment I

Legal Authority

42 USC 7552. - Motor vehicle compliance program fees

 <DIV class="statute">

<DIV class="divDataText"></DIV><DIV class="divDataText"><SPAN
class="label-1">(a) </SPAN> <SPAN class="labelhead-1">Fee collection.
</SPAN></DIV><DIV class="divDataText"><SPAN class="label-1"> </SPAN>
Consistent with section 9701 of title 31, the Administrator may
promulgate (and from time to time revise) regulations establishing fees
to recover all reasonable costs to the Administrator associated with
-</DIV><DIV class="divDataText">

<SPAN class="label-2">(1)</SPAN>new vehicle or engine certification
under section 7525(a) of this title or part C of this
subchapter,</DIV><DIV class="divDataText">

<SPAN class="label-2">(2)</SPAN>new vehicle or engine compliance
monitoring and testing under section 7525(b) of this title or part C of
this subchapter, and</DIV><DIV class="divDataText">

<SPAN class="label-2">(3)</SPAN>in-use vehicle or engine compliance
monitoring and testing under section 7541(c) of this title or part C of
this subchapter.</DIV><DIV class="divDataText">

<SPAN class="label-1"> </SPAN>The Administrator may establish for all
foreign and domestic manufacturers a fee schedule based on such factors
as the Administrator finds appropriate and equitable and
nondiscriminatory, including the number of vehicles or engines produced
under a certificate of conformity. In the case of heavy-duty engine and
vehicle manufacturers, such fees shall not exceed a reasonable amount to
recover an appropriate portion of such reasonable costs.</DIV><DIV
class="divDataText">

<SPAN class="label-1">(b) </SPAN> <SPAN class="labelhead-1">Special
Treasury fund</SPAN>. </DIV><DIV class="divDataText"><SPAN
class="label-1"> </SPAN> Any fees collected under this section shall be
deposited in a special fund in the United States Treasury for licensing
and other services which thereafter shall be available for
appropriation, to remain available until expended, to carry out the
Agency's activities for which the fees were collected.

</DIV><DIV class="divDataText">

<SPAN class="label-1">(c) </SPAN> <SPAN class="labelhead-1">Limitation
on fund use</SPAN>. </DIV><DIV class="divDataText"><SPAN
class="label-1"> </SPAN> Moneys in the special fund referred to in
subsection (b) of this section shall not be used until after the first
fiscal year commencing after the first July 1 when fees are paid into
the fund. 

</DIV><DIV class="divDataText">

<SPAN class="label-1">(d) </SPAN> <SPAN
class="labelhead-1">Administrator's testing authority</SPAN>. </DIV><DIV
class="divDataText"><SPAN class="label-1"> </SPAN> Nothing in this
subsection shall be construed to limit the Administrator's authority to
require manufacturer or confirmatory testing as provided in this part

31 USC. 9701. - Fees and charges for Government services and things of
value <DIV class="statute">

<DIV class="divDataText"></DIV><DIV class="divDataText"><SPAN
class="label-1">(a)</SPAN>It is the sense of Congress that each service
or thing of value provided by an agency (except a mixed-ownership
Government corporation) to a person (except a person on official
business of the United States Government) is to be self-sustaining to
the extent possible.</DIV><DIV class="divDataText">

<SPAN class="label-1">(b)</SPAN>The head of each agency (except a
mixed-ownership Government corporation) may prescribe regulations
establishing the charge for a service or thing of value provided by the
agency. Regulations prescribed by the heads of executive agencies are
subject to policies prescribed by the President and shall be as uniform
as practicable. Each charge shall be -</DIV><DIV class="divDataText">

<SPAN class="label-2">(1) </SPAN>fair; and</DIV><DIV
class="divDataText">

<SPAN class="label-2">(2) </SPAN>based on -</DIV><DIV
class="divDataText">

<SPAN class="label-3">(A)</SPAN>the costs to the Government;</DIV><DIV
class="divDataText">

<SPAN class="label-3">(B)</SPAN>the value of the service or thing to the
recipient;</DIV><DIV class="divDataText">

<SPAN class="label-3">(C)</SPAN>public policy or interest served;
and</DIV><DIV class="divDataText">

<SPAN class="label-3">(D)</SPAN>other relevant facts.

</DIV><DIV class="divDataText">

<SPAN class="label-1">(c)</SPAN>This section does not affect a law of
the United States -</DIV><DIV class="divDataText">

<SPAN class="label-2">(1)</SPAN>prohibiting the determination and
collection of charges and the disposition of those charges;
and</DIV><DIV class="divDataText">

<SPAN class="label-2">(2)</SPAN>prescribing bases for determining
charges, but a charge may be redetermined under this section consistent
with the prescribed bases</DIV></DIV>.	<SPAN
class="srchlead"></DIV></DIV>

Nash c:\PROJECTS\FEESicr\ss2.wpd

 PAGE   

 PAGE   6 

