  SEQ CHAPTER \h \r 1 

FINAL 

Supporting Statement

for

Information Collection Request

Motor Vehicle and Engine Compliance Program Fees (Renewal)

EPA ICR 2080.04

Compliance 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

									

Information Collection Request Renewal for Motor Vehicle and Engine
Compliance Program Fees, ICR 2080.04, OMB 2060-0545.

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 the case of passenger cars, highway motorcycles, light trucks, and
heavy-duty truck engines, EPA has charged fees for administering these
compliance programs since 1992. These regulations appeared in 40 CFR
part 86, subpart J. 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; 40 CFR part 86, subpart Y). The
Information Collection Request for that rule was 2080.02, OMB 2060-0545,
approved by OMB on March 18, 2004, through March 31, 2007, subsequently
renewed until July 31, 2010 in ICR 2080.03.   As a part of  a rulemaking
primarily covering emissions standards for certain nonroad
spark-ignition engines and evaporative emissions standards covering a
wide variety of engines, vehicles, and evaporative "components" (the
"Bond Rule"), the fees regulations were restated with minor amendments
in 40 CFR Part 1027 (73 FR 59034, October 8, 2008). Most notably, these
regulations added evaporative component applications to the categories
of  certifications requiring fees covered by this ICR. This affected the
size of the respondent class but did not create any new category of
burden. 

	The present ICR 2080.04 is a renewal of the current collection. It
reflects five and a half years of experience administering the new fees
regulations. 

	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, the name of the
engine family, and the method of payment.  This information is collected
by the main Fee Filing Form. By regulation, fees must be paid before EPA
begins its review of a manufacturer's application.  This information is
used by EPA's Office of Air and Radiation, Office of Transportation and
Air Quality, Compliance and Innovative Strategies Division, to insure
that the required fee has been paid before an application for
certification is processed; to be sure that we know which vehicle,
engine, evaporative, or component family (hereafter "family") a payment
is intended to be for; to have a contact person and address in case of
payment issues and an address to which acknowledgment of receipt of the
payment can be sent; and to provide an early check on other problems,
such as failure to name a family following EPA's naming rules or failure
to go through EPA's manufacturer registration process to obtain a unique
manufacturer code. It also provides part of the documentation used by
EPA’s Office of Financial Services in processing fee refunds. In model
year 2008, 495 separate manufacturing and importing corporate entities
filed forms associated with approximately 3517 payment actions
concerning certification fees.  

	The forms in use are the paper on-road and off-road fee filing forms, a
correction form, a miscellaneous payments form, and a refund request
form. These forms can be downloaded in fillable .pdf format at EPA's
motor vehicle forms website,   HYPERLINK "www.EPA.gov/OTAQ/fees.htm" 
www.EPA.gov/OTAQ/fees.htm . Paper forms are particularly necessary for
some of the large, old manufacturers with legacy payment systems as well
as some small businesses, both of whom may need to pay by check and
consequently need a paper form to accompany the payment by surface mail.
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.  Forms can be filed online at
Pay.gov with or without payment; payment can be made online by credit
card or electronic funds transfer. The forms carry the EPA Form Number
3520-29. We request a waiver from placing the expiration date of the OMB
clearance on the paper forms on the grounds that, although we have
included it in the past, it causes confusion because the fee filing form
is updated every year to reflect the current calendar year fee schedule,
and therefore also carried the statement "This form expires 1/1/2011"
(in the current instance). The routine yearly updating of the form also
makes including the OMB expiration date impractical. 

	It should be noted that this ICR does not include the burden of
complying with the actual certification requirements, including the fees
themselves; only the burdens associated with completing and filing the
fee forms are covered here. Substantive certification burdens have been
addressed elsewhere, including the on-road certification ICR, 0783 (OMB
2060-0104), and the various ICRs covering the off-road certification
programs.

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); see
Attachment I. 

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. In addition, the forms
help insure that a knowledgeable person can be contacted in case of
payment issues and that the applicant is applying for a valid family and
has a valid manufacturer code attesting completion of EPA's registration
process. 

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 (EPA's deposit records and online Cashlink resources) 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. In cases where it is clear what a payment is intended to be
used for, the necessity to provide a separate form for each family being
certified may seem to constitute unnecessary duplication. Nonetheless,
this requirement has in many cases disclosed problems and mistakes that
wouldn't have come to light otherwise.  In addition, it is important to
have a contact name of someone who is familiar with the fee payment, who
is not necessarily the same person  as the one who is familiar with the
application for certification, particularly in large organizations. It
is possible that, in the future, we may be able to make better use of
deposit information, although there are significant barriers to doing
so. It is worth noting in this regard that manufacturers who register
with pay.gov can save their filled-in forms and use them as a template
for multiple filings, thus eliminating the need to replicate fields in
the forms that do no change from one payment to another. 

3(b) Public Notice

	An announcement soliciting public comment on this ICR was be published
in the Federal Register (75 FR 3723, January 22, 2010).  No comments
were received. 

3(c) Consultations

	EPA consulted with the following individuals in preparing this ICR:

	Individual	Firm	Telephone

	Bob Bock	Motor Science	(800) 806-2495

	Sylvia Wahab	Automobile Concepts	(305) 893-1950

	Kim Sinacola	General Motors	(248) 685-5641

	

3(d) Effects of Less Frequent Collection

	The Clean Air Act 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, and the fee is for the
work involved in reviewing the certification application, submission of
the fee payment information is generally annual.

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. Information about fee payments are treated as
confidential information prior to certification.

	

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,
vehicles, and evaporative components (fuel lines, fuel tanks, and
related parts). 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	3731	Manufacturers of marine vessels



3732	Boat building and repairing

Industry	333613	3568	Mechanical Power Transmission Equipment
Manufacturing

Industry	333618	3519	Other Engine Equipment Manufacturing

Industry	811112	7533	Commercial importers of vehicles and vehicle
components

Industry	811198	7549	Automotive services



(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 and electronic pay.gov versions have
been submitted with this ICR. The regulatory provisions governing their
content are as follow:

	

	Indication of fee category                            40 CFR 1027.105	

	Request for fee reduction, if applicable	40 CFR 1027.120

	Request for refund, if applicable	40 CFR 1027.125

	Applicant information		40 CFR 1027.130

	

	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 1027.120(e)). 

(i) Respondent Activities

	Respondents prepare the fee filing form with 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 normally 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, engines,
or evaporative components (or, in the case of alternative fuels
converters, of the value added by the conversion kit) covered by the
family certified 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
greater. Most such reduced fee applicants are independent commercial
importers (ICIs),  covering certain importers of past model year light
vehicles; a few are alternative fuels converters. Such submissions are
for a specific number of vehicles. Additional vehicles, engines, or
units (such as additional imports) require an amended certificate and
submission of additional one percent payments with accompanying fee
filing forms. Previously, reduced fee payees who initially paid for five
or fewer vehicles were required to submit a model year reduced fee
payment report at the end of the model year.  Compliance was
unsatisfactory and burdensome and EPA eliminated this reporting
requirement in the Bond Amendments.  It is still the reduced fee payer's
obligation to reconcile sales, actual retain sales, retail sales values,
fees paid, and the number of vehicles covered by the certificate. 

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 families, and only those families, for which a fee filing form as
well as the proper fee payment  (including a reduced fee calculation
where applicable) have been received. 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 the light duty, motorcycle, recreational, and other
programs as they are brought into Verify, this is currently a manual
process. For certificates issued through CISD's Information Management
System, the fees data is downloaded and each family shows as paid or
not; certificates can not be issued if the family doesn't show as paid.
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
clarification of necessary procedures. The contractor sends out standard
emails to the addresses on the forms acknowledging payment, short
payment, or overpayment provided the fee forms with those addresses have
been received. 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 Cashlink 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 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 business
Independent Commercial Importers or alternative fuel converters, who
qualify for all of EPA’s provisions for small volume manufacturers. 

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. Reconciliation of reduced fee payments must occur
within 45 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 during
the rulemaking covered by the its ICR in this series.  This is an
estimated average; in the latest consultations the time per form
estimates ranges from 2 minutes to 45 minutes per form. Some larger
manufacturers have automated the process of preparing the fee filing
form and wiring payment; their burden will be less than 0.3 hours. 
Responses to the on-line payment option from those using it has been
universally positive and on the low end of the time estimates. In model
year 2008, 20 percent of fees payments were made online. Manufacturers
and importers can also file forms online while paying offline (such as
by check or wire). 

	Handling reduced fee payments, including additional payments and
certificate modifications as new units are sold, entails a significant
paperwork burden for small entities who wish to save money availing
themselves of this provision.  A separate issue is that 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 effectuating 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 fillable
.pdf formats so that manufacturers can more easily fill out non-pay.gov
forms at their computer rather than copying and filling them out by
hand, although some still do so. 

	EPA estimates requesting a reduced fee or refund will take about 0.6
hours per submission. 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 2004 fees
regulations, a reduced fee 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 and
paper fee filing forms. 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.

	Because of the wide variety of industries covered, labor costs are
considered to be approximated by the motor vehicle manufacturing
industry, NAICS 336100.  Rates for engineering managers, mechanical
engineers, and secretaries (except legal, medical, and executive) are
from the May 2008 National Industry-Specific Occupational Employment and
Wage Estimates (http://www.bls.gov/oes/2008/may/naics4_336100.htm,
accessed December 10, 2009). With a 160% overhead multiplier, these are
$87.30, $60.40, and $30.50, respectively. For some manufacturers, filing
fee forms is largely secretarial; many others use technicians, and many
foreign manufacturers hire local agents to handle application mechanics.
We allocate labor for form filing as 10, 40, and 50 percent respectively
among these three categories for regular fees and as 100 percent
managerial for reduced fees and refunds. 

(ii) Estimating Capital and Operations and Maintenance Costs

	The paperwork cost estimate continues to include a recordkeeping cost
of $2 per item, increased to $4 for reduced fee filings and refund
requests. These costs are not easily separable from such costs for
certification in general, but reduced fee recordkeeping had an
additional burden specified in the regulations (40 CFR 1027.120(e)) and
therefore is estimated as requiring an additional $2 per filing. Refund
recordkeeping is also more burdensome and estimated at an additional $2
per filing. There are 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 reporting cost per submission as
O&M cost for getting the forms to EPA (i.e., postage and handling). 

(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 overall administration of the fees program is conducted 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 (OFS)
keeps deposit records and processes fee refunds. Forty percent of one GS
12 full time equivalent (FTE) employee, and sixty 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 seven FTE and
17 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 ($59,383 per year) obtained from the
Office of Personal Management 2009 Salary Table; and $12.74 per hour for
SEE employees, with a 1.6 multiplier for overhead applied to both.  The
contract work for the upcoming period is $140,000 for fiscal year 2010. 
The OFS cost is estimated as 302 hours and $9,565 annually. The
estimated total Agency cost is $226,170.  (Recent annual fees receipts
are from $18 to $20 million a year, so administrative costs are less
than 1.5%.) 

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

	Our certification fees database for model year 2008 lists 495 separate
manufacturers that submitted fees. These respondents vary from large,
multinational corporations to small independent commercial importers.
Many small foreign manufacturers have recently entered the motorcycle
and small, off-road spark ignition engine certification processes.
Roughly 236 of the  495 can be considered small businesses.

	EPA queried its certification fees database and records for the numbers
of fee filing forms, correction forms, miscellaneous payment forms, and
refund request forms received, in paper, as attachments to emails, or
downloaded from Pay.gov. Twenty percent of all payments received were
made via Pay.gov. We also queried the number of fee filing forms that
were associated with reduced fee payments.  These tallies are considered
accurate to within five percent, except for correction forms, which is
accurate to within ten percent.  (Correction form filings were estimated
by a hand count of forms processed during November, 2009, multiplied by
twelve.) It includes both on-road and off-road categories:

	

	Total full fee filing or miscellaneous payments forms	3458

	Total reduced fee forms	 	    59

	Correction forms		  	  312

	Refund request forms		    	    68

	TOTAL		                                       3897

6(e) Bottom Line Burden Hours and Cost

(i) Respondent Tally

	Bottom-line burden and costs per year for the combined on-road and
off-road certification fees program are summarized in Table 1. EPA
estimates a total of 3,897 responses and 1207.2 hours per year for the
next three years at a total cost to the industry of $100,577, of which
$19,739 is allocated to O&M and the rest to labor. 

(ii) Agency tally

	EPA estimates that it takes approximately 2,049 hours and $226,170 per
year to administer the entire certification fees program. 

6(f) Reasons For Change In Burden

	This cost estimate makes the same cost assumptions as the previous
renewal. Changes in burden reflect nothing other than the changes in the
volume of forms received. The model year 2005 fees payment database
contained 2096 payment entries, whereas the model year 2008 has 3517, an
increase of 68%. Likewise the previous ICR estimated a total of 2132
forms, whereas the count for model year 2008 is 3897, an 83% increase.
Total costs, including labor, have correspondingly increased from
$57,226 to $100,577, an increase of 76%. This increase in fees traffic
reflects new programs subject to fees (notably component certification
of evaporative components), and large increases in several categories of
certification requests, particularly small nonroad compression-ignition
engines and motorcycles, with a large increase in applications from
China. Table 1

Information Collection Activity	Annual average burden and cost per
response	Number of responses	Annual capital & startup costs	Total Hours
and Costs

	Mgr. @  $87.30/hr 	Tech. @	Clerical @	Hours per response total	Labor
cost per response	O&M reporting per resp.	O&M recordkeeping per resp

	Total hours per year	Total costs per year



$60.40/hr	$30.50/hr









Fee Filing Form 	0.03	0.12	0.15	0.3	$14.44	$3.00	$2.00	3458	0	1037.4
$67,230.44

Reduced Fee 	0.6	0	0	0.6	$52.38	$3.00	$4.00	59	0	35.4	$3,503.42

Correction Form	0.03	0.12	0.15	0.3	$14.44	$3.00	$2.00	312	0	93.6
$6,065.90

Fee Refund Form	0.6	0	0	0.6	$52.38	$3.00	$4.00	68	0	40.8	$4,037.84

TOTAL	Total O&M Cost = $19,739	3897	0	1207.2	$80,837.60

6(g) Burden Statement

	The annual public reporting and recordkeeping burden for this
collection of information is estimated to average 0.31 hours for each
fee transaction.  The total burden is 1,207.2 hours per year with a
total cost of $100,577 per year.  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 Number
EPA-HQ-OAR-2009-0981, which is available for online viewing at
www.regulations.gov, or in person viewing at the Air and Radiation
Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301
Constitution Avenue, NW, Washington, D.C.  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 and Radiation
Docket is (202) 566-1742.  An electronic version of the public docket is
available at www.regulations.gov.  This site can be used 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.  When 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, D.C. 20503,
Attention: Desk Officer for EPA.  Please include the EPA Docket ID
Number EPA-HQ-OAR-2009-0981 and OMB Control Number 2060-0545 in any
correspondence.

Attachment I

Legal Authority

42 USC 7552. - Motor vehicle compliance program fees

 

(a)  Fee collection.   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 -

(1) new vehicle or engine certification under section 7525(a) of this
title or part C of this subchapter,

(2) new vehicle or engine compliance monitoring and testing under
section 7525(b) of this title or part C of this subchapter, and

(3) in-use vehicle or engine compliance monitoring and testing under
section 7541(c) of this title or part C of this subchapter.

 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.

(b)  Special Treasury fund.   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.

(c)  Limitation on fund use.   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. 

(d)  Administrator's testing authority.   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 

(a) 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.

(b)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 -

(1) fair; and

(2) based on -

(A) the costs to the Government;

(B) the value of the service or thing to the recipient;

(C) public policy or interest served; and

(D) other relevant facts.

(c)This section does not affect a law of the United States -

(1) prohibiting the determination and collection of charges and the
disposition of those charges; and

(2) prescribing bases for determining charges, but a charge may be
redetermined under this section consistent with the prescribed bases.	 

 PAGE   

 PAGE   2 

