  SEQ CHAPTER \h \r 1 

 

Draft Supporting Statement

for

Information Collection Request

Motor Vehicle and Engine Compliance Program Fees (Renewal)

EPA ICR 2080.06

Compliance 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 (Renewal), ICR 2080.06,
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,
the most recent series was renewed until October 31, 2016 in ICR
2080.05.   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 2080.06 is a renewal
of the current collection. 

	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,  engine, evaporative emissions system, or
evaporative component "equipment" to which it applies; the name of the
vehicle, engine, evaporative, or component family; and the method of
payment.  This information is collected by the main Fee 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
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.
It also provides part of the documentation used by EPA’s Office of
Financial Services in processing fee refunds. In model year 2015, 597
separate manufacturing and importing corporate entities filed forms
associated with approximately 4635 actions concerning certification
fees.  

	The fee form in use is an electronic which is available online at  
HYPERLINK "http://www.Pay.gov"  www.Pay.gov .  It incorporates fillable
sections for fee filing, corrections, miscellaneous payments, and refund
requests. The form can be filed online at Pay.gov with or without
payment; payment can be made online by credit card or electronic funds
transfer. Payments may be made offline using ACH or wire.  The Pay.gov
fee form has been issued 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 form is updated every year to
reflect the current calendar year fee schedule, and therefore also
carried the statement "This form expires 10/31/2016" (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
monetary value of the fees themselves); only the burden associated with
completing and filing the form is 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 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 record
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 form is necessary to link the fees
paid with certificates being reviewed and issued. At this time, these
data systems containing this information are linked so that certificates
may not be issued before a fee has been paid, however, without the fee
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 Treasury 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
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
would not 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 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 not change from one payment to another. 

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	

	Thomas Hofmann 		BMW 		

	Alan Parker		Yanmar America	

	Kim Sinacola		General Motors	

Kim Sinacola of General Motors had some specific suggestions that would
make filling out the fee form more streamlined and user friendly. 

Thomas Hofmann of BMW stated that the current online fee form filing
process is easy to use and works very well.

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. A
copy of the electronic form has been submitted to the docket. The
regulatory provisions governing the 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 form with the applicant’s name and
address, the family being certified, the amount being paid, the name and
email address of a contact person, 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 submits the information on
the correction portion of the fee form. If there is an underpayment, the
applicant normally prepares and submits a fee form with the additional
payment. If there has been an overpayment or the application is denied
or withdrawn, the applicant may submit the refund request portion of the
fee form. The fee form will also 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 alternative fuel vehicle
converters; a few are independent commercial importers (ICIs), covering
certain importers of past model year light vehicles. 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
forms. It is the reduced fee payer's obligation to reconcile sales,
actual retail 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. Fees program staff
track all fee payments and fee forms. They list as paid and cleared for
certification review those families, and only those families, for which
a fee form as well as the proper fee payment (including a reduced fee
calculation where applicable) have been received. A database of this
information is maintained using a computer program dedicated to fees
tracking and processing. Fees information is entered from data on the
fee forms and then verified. The data file is shared with EPA’s
certification program, Verify, which prevents the certification of
engine families that do not have correct fee payments recorded.  The
data file is prepared and updated work days within the Agency.  EPA
certification representatives and fees staff use information on fee
forms to contact manufacturer representatives in case of problems or
other fees business, such as to obtain account information for refund
purposes or to clarify necessary procedures. With the aid of the fees
computer program, a semi-automated email is sent to the address of the
contact listed on the form acknowledging payment, short payment, or
overpayment. EPA’s Office of Financial Services records deposits to
EPA’s certification account, which serves as a quality control for the
accuracy of the fees program's payment information, and processes fee
refund payments. 

5(b) Collection Methodology and Management

	Fee payment documentation as well as fee forms are downloaded by EPA
fees staff. This documentation and the forms come from Pay.gov forms and
payment records and queries to the Federal Transaction Reporting System
database. The 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
alternative fuel converters, or a few Independent Commercial Importers,
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 must be submitted prior to EPA's
processing the application for emission certification. Corrections,
refunds, and miscellaneous payments are submitted as the need arises.
Reconciliation of reduced fee payments must occur within 45 days of the
end of the model year and refunds must be requested within six months 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 the fee form (0.2 hours) was
determined from the consultations with industry representatives.  EPA
consulted with three manufacturer representatives in 2016 because the
process for filling fees and fee related documents had significantly
changed.  The fee form now is now only available in fully electronic
format with a single form for filing all fee related documents. This
significantly reduces the time necessary to prepare and send fee forms
which, for the most part, had to be printed out and completed by hand
then mailed or faxed to the EPA.

This is an estimated average; in the latest consultations the time per
form estimates ranges from 3 minutes to 10 minutes per form.  There was
also a slight difference of time estimated that depended upon the
function selected such as a refund request or regular fee payment.  The
average accounts for these differences.  Responses to the online payment
option from those using it have been universally positive although there
were suggestions for improvement. Manufacturers and importers can also
file forms online while paying offline (such as by wire). 

	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. The number of such problems has declined
considerably.  Online payment methods include electronic funds transfer,
PayPal, Dwolla and credit card. Off line payment options include
electronic funds transfer and wire payments.  We have found that the
problem rate for electronic payments 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 fee forms with the
engine families being reviewed for certification. 

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 managers, mechanical engineers, and
secretaries (except legal, medical, and executive) are from the May 2014
National Industry-Specific Occupational Employment and Wage Estimates
(http://www.bls.gov/oes/current/naics4_336100.htm, accessed March 2,
2016). With a 160% overhead multiplier, these are $88.55, $61.58, and
$32.05, 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. 
Manufacturers’ estimates of time were used to estimate the time spent
by each labor category per activity.

(ii) Estimating Capital and Operations and Maintenance Costs

	The paperwork cost estimate includes a recordkeeping cost of $2.15 per
item.  This cost includes an increase over the previous estimate for
inflation ($0.10) and a $0.05 increase to account for the additional
recordkeeping cost for reduced fee filings and refund requests which
have now been averaged into the cost for each filing.  Reduced fee
recordkeeping had an additional burden specified in the regulations (40
CFR 1027.120(e)) and therefore is estimated as requiring more per
filing. Refund recordkeeping is also more burdensome. The additional
cost for these two operations has been distributed over the 4635
responses.  The prior ICR contained O&M Reporting costs that accounted
for postage costs for those manufacturers who chose to submit checks and
fee forms by surface mail.  Paper forms and payments are no longer
accepted.  Therefore the cost for O&M Reporting has been eliminated.

(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 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. Updates have been made
to the certification portion of Verify that shows whether fees have been
paid for an engine family.  This reduces the amount of time that
certification engineers need to spend researching the fees before
certification.  If the system shows that a fee has not been paid, the
certification engineer will need to do some research, as in prior years,
but this situation represents a small fraction of applications for
certification that are received.  In addition, EPA’s Office of
Financial Services (OFS) keeps deposit records and processes fee
refunds. Forty percent of one GS 12/3 full time equivalent (FTE)
employee, and sixty-four percent of one FTE 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 three quarters of one percent of nineteen FTE
and eight SEE employees is also allocated to fees-related activity in
the process of certification reviews.  Although the numbers of FTEs and
SEEs may fluctuate, the amount of hours spent on this activity remains
the same because fees must be checked before each certificate is issued.
 Government cost is based on a GS-12/3 general schedule salary for
($66,241 per year) obtained from the Office of Personal Management 2016
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 estimated as $100,000.  The OFS cost is estimated as
302 hours and $9,618 annually. The estimated total Agency cost is
$272,065.  (Recent annual fees receipts are from $17.2 to $19 million
per fiscal year, so administrative costs are 1.6% or less.) 

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

	Our certification fees database for model year 2015 lists 597 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 and evaporative component
certification processes. 

	EPA queried its certification fees database and records for the numbers
of activities where a fee form was submitted including fee payments,
corrections, miscellaneous payments, reduced fee payments and refund
requests received for MY 2015 vehicles.  Because EPA was transitioning
to an electronic format, the transactions were filed in paper, as
attachments to emails, or downloaded from Pay.gov. These tallies include
both on-road and off-road categories:

	

	Total full fee filing or miscellaneous payments forms	4242

	Total reduced fee forms	 	  118

	Correction forms		  	  208

	Refund request forms		    	    67

	TOTAL		                                       4635

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 4635 responses and 927 hours per year for the next
three years at a total cost to the industry of $59,683, of which $9,965
is allocated to O&M and the rest, $49,718, to labor. 

(ii) Agency tally

	EPA estimates that it takes approximately 4966 hours and $272,065 per
year to administer the entire certification fees program. 

6(f) Reasons For Change in Burden

	This cost estimate includes new cost assumptions based on changes to
the fees process.  Changes in burden reflect a labor decrease due to
time savings from filing electronically instead of manually printing,
filling and mailing paper forms and, also, a decrease in the volume of
forms received and processed. The model year 2012 fees payment database,
used for the counts in the last renewal, estimated 4,845 forms, whereas
the count for model year 2015 is 4,635, a four percent decrease. Total
costs, including labor, have decreased from $112,873 to $59,683, a
decrease of 47 percent. This decrease reflects several changes:  a
significant decrease in labor because of the electronic form, the
elimination of the O&M reporting cost (which had been estimated at $3
per response for mailing costs) because forms and payments now are only
accepted electronically, a decrease in the number of forms filed, and a
decrease in labor rates for all three labor categories from the previous
renewal to the present.  All of these factors resulted in a substantial
reduction in burden.



	

Table 1

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

	Mgr. @  $88.85/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 



$61.58/hr	$32.05/hr









	Regular Fees,

Reduced Fees,

Refund Requests,

Correction Forms	0.05	0.05	0.1	0.2	$10.73	$0.00	$2.15	4635	$9,965.25	0
927	$59,682.58

TOTAL	 	4635	$9,965.25 	0	927	$59,682.58





6(g) Burden Statement

	The annual public reporting and recordkeeping burden for this
collection of information is estimated to average 0.2 hours for each fee
transaction.  The total burden is 927 hours per year with a total cost
of $59,683 per 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 Number
EPA-HQ-OAR-2013-0119.  Submit any comments related to this ICR to EPA
and OMB.  Submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2013-0119, by one of the following methods:

	•	  HYPERLINK "http://www.regulations.gov"  www.regulations.gov :
Follow the on-line instructions for submitting 			comments.

	•	Fax:  (202) 566-1741.  

•	Mail:  Environmental Protection Agency, EPA Docket Center (EPA/DC),
Air and Radiation Docket, Mail Code 6102T, 1200 Pennsylvania Avenue,
N.W., Washington, DC 20460, Attention Docket ID No.
EPA-HQ-OAR-2013-0119.  In addition, please mail a copy of your comments
on the information collection provisions to the Office of Information
and Regulatory Affairs, Office of Management and Budget (OMB), Attn:
Desk Officer for EPA, 725 7th St. NW., Washington, DC 20503.	

•	Hand Delivery: Docket Center, (EPA/DC) EPA West, Room B102, 1301
Constitution Ave., NW, Washington, DC., Attention Docket ID No.
OAR-2013-0119.  Such deliveries are only accepted during the Docket’s
normal hours of operation, and special arrangements should be made for
deliveries of boxed information  

  SEQ CHAPTER \h \r 1 Docket ID No. EPA-HQ-OAR-2013-0119, is available
for public viewing at the Air And Radiation Docket 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 and Radiation Docket is also (202)
566-1744.  An electronic version of the public docket is available
through EPA Dockets (EDOCKET) at   HYPERLINK
"http://www.regulations.gov"  www.regulations.gov .

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
determined under this section consistent with the prescribed bases.	 

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