(a) Eligibility Requirements. To be eligible for a reduced fee, the following conditions must be satisfied: (1) The certificate is to be used for sale of vehicles or engines within the United States; and (2) The full fee for certification request for a MY exceeds 1.0% of the aggregate projected retail sales price of all vehicles or engines covered by that certificate. (b) Initial Reduced Fee Calculation. (1) If the requirements of paragraph (a) of this section are satisfied, the fee to be paid by the applicant (the `` initial reduced fee'') will be the greater of: (i) 1.0% of the aggregate projected retail sales price of all the vehicles or engines to be covered by the certification request; or (ii) A minimum fee of $300. (2) For vehicles or engines that are converted to operate on an alternative fuel using as the basis for the conversion a vehicle or engine which is covered by an existing OEM certificate of conformity, the cost basis used in this section must be the aggregate projected retail value added to the vehicle or engine by the conversion rather than the full cost of the vehicle or engine. To qualify for this provision, the applicable OEM certificate must cover the same sales area and model year as requested certificate for the converted vehicle or engine. (3) For ICI certification requests, the cost basis of this section must be the aggregate projected retail cost of the entire vehicle( s) or engine( s), not just the value added by the conversion. If the vehicles/ engines covered by an ICI certificate are not being offered for sale, the manufacturer shall use the fair retail market value of the vehicles/ engines as the retail sale price required in this section. For an ICI certification request, the retail sales price (or fair retail market value) must be based on the applicable National Automobile Dealer's Association (NADA) appraisal guide and/ or other evidence of the actual market value. (4) The aggregate cost used in this section must be based on the total projected sales of all vehicles and engines under a certificate, including vehicles and engines modified under the modification and test option in 40 CFR 85.1509 and 89.609. The projection of the number of vehicles or engines to be covered by the certificate and their projected retail selling price must be based on the latest information available at the time of the fee payment. (5) A manufacturer may submit a reduced fee as described in paragraphs (a) and (b)( 1) through (b)( 4) of this section if it is accompanied by a certification from the manufacturer that the reduced fee is appropriate under this section. The reduced fee shall be deemed approved, unless EPA determines that the criteria of this section have not been met. The Agency may make such determination either before or after EPA issues a certificate of conformity. If the Agency determines that the requirements of this section have not been met, EPA may: (i) Require that future reduced fee eligibility determinations be made by the Agency; (ii) Require that the manufacturer for future reduced fee requests use the special provisions contained in paragraph (b) (7); or (iii) Deny future reduced fee requests and require submission of the full fee payment until such time as the manufacturer demonstrates to the satisfaction of the Administrator that its reduced fee submissions are based on accurate date and that final fee payments are made within 45 days of the end of the model year. (6) If the reduced fee is denied by the Administrator, the applicant will have 30 days from the date of notification of the denial to submit the appropriate fee to EPA or appeal the denial. (7) The following special provisions are available for manufacturers which meet the requirements of paragraph (a) of this section but, due to the nature of their business, are unable to make good estimates of the aggregate projected retail sales price of all the vehicles or engines to be covered by the VerDate Aug< 2,> 2002 19: 54 Aug 06, 2002 Jkt 197001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 07AUP3. SGM pfrm17 PsN: 07AUP3 51419 Federal Register / Vol. 67, No. 152 / Wednesday, August 7, 2002 / Proposed Rules certification request as required in paragraph (b)( 1) of this section. EPA may also require a manufacturer to use these special provisions rather than the process described in paragraph (b)( 5) of this section if EPA makes such a determination under paragraph (b)( 5)( ii) of this section. (i) A manufacturer's request to use of these provisions requires advance Agency approval and will be based on a determination of whether the requirements of this section have been met. The request to use these provisions shall be made prior to the submission of its application for certification. The manufacturer shall provide as part of this request: (A) A statement that the eligibility requirements of paragraph (a) of this section are satisfied; and (B) The reasons why it is unable to make a good estimate of the aggregate projected retail sales price of all the vehicles or engines to be covered by the certification request as required in paragraph (b)( 1) of this section. (ii) If the request is approved, the initial reduced fee is the greater of: (A) 1% of the retail selling price of 5 vehicles, engines, or conversions, as appropriate; or (B) A minimum fee of $300. (c) Final Reduced Fee Calculation and Adjustment. (1) Within 30 days of the end of the model year, the manufacturer shall submit a model year reduced fee payment report covering all certificates issued in the model year for which the manufacturer has paid a reduced fee. This report will include: (i) The fee amount paid at certification time; (ii) The total actual number of vehicles covered by the certificate; (iii) A calculation of the actual final reduced fee due for each certificate; and (iv) A difference between the total fees paid and the total final fees due for the manufacturer. (2) The final reduced fee shall be calculated using the procedures of paragraph (b) of this section but using actual numbers rather than projections. (3) If the difference calculated in paragraph (c)( 1)( iv) of this section exceeds $500 which is due to the Agency, then the manufacturer shall pay any difference due between the initial reduced fee and the final reduced fee using the provisions of § 85.2408. This payment shall be paid within 45 days of the end of the model year. The total fees paid for a certificate shall not exceed the applicable full fee of § 85.2405. If a manufacturer fails to make complete payment within 45 days or to submit the report under paragraph (c)( 1) of this section then the Agency may void ab initio the applicable certificate. EPA may also refuse to grant reduced fee requests submitted under paragraph (b)( 5) or (b)( 7) of this section. (4) If the initial reduced fee paid exceeds the final reduced fee then the manufacturer may request a refund using the procedures of § 85.2407. (5) Manufacturers must retain in their records the basis used to calculate the projected sales and fair retail market value and the actual sales and retail price for the vehicles and engines covered by each certificate that is issued under the reduced fee provisions of this section. This information must be retained for a period of at least three years after the issuance of the certificate and must be provided to the Agency within 30 days of request. Manufacturers are also subject to the applicable maintenance of records requirements of Part 86, Subpart A. If a manufacturer fails to maintain the records or provide such records to EPA as required by this paragraph then EPA may void ab initio the certificate for which such records shall be kept.

§ 85.2407 Can I get a refund if I don't get a certificate or overpay?

(a) Full Refund. The Administrator may refund the total fee imposed by § 85.2405 if the applicant fails to obtain a certificate and requests a refund. (b) Partial Refund. The Administrator may refund a portion of a reduced fee, paid under § 85.2406, due to a decrease in the aggregate projected retail sales price of the vehicles or engines covered by the certification request. (1) Partial refunds are only available for certificates which were used for the sale of vehicles or engines within the United States. (2) Requests for a partial refund may only be made once the model year for the applicable certificate has ended. Requests for a partial refund must be submitted no later than six months after the model year has ended. (3) EPA will only consider requests which result in at least a $500 refund. Smaller amounts of money will not be refunded, nor can they be credited to other certification fee payments due to the Agency. (4) Requests for a partial refund must include all the following: (i) A statement that the applicable certificate was used for the sale of vehicles or engines within the United States. (ii) A statement of the fee amount paid (the reduced fee) under the applicable certificate. (iii) The actual number of vehicles or engines produced under the certificate (whether or not the vehicles/ engines have been actually sold). (iv) The actual retail selling or asking price for the vehicles or engines produced under the certificate. (v) The calculation of the reduced fee amount using actual production levels and retail prices. The calculated reduced fee amount may not be less than $300 under the provisions of § 85.2406( b)( 1)( ii). (vi) The calculated amount of the refund. Refund requests for less than $500 will not be considered under the provisions of paragraph (b)( 3) of this section. (c) Refunds due to errors in submission. The Agency will approve requests from manufacturers to correct errors in the amount or application of fees if the manufacturer provides satisfactory evidence that the change is due to an accidental error rather than a change in plans. Requests to correct errors must be made to the Administrator as soon as possible after identifying the error. The Agency will not consider requests to reduce fee amounts due to errors that are reported more than 90 days after the issuance of the applicable certificate of conformity. (d) In lieu of a refund, the manufacturer may apply the refund amount to the amount due on another certification request. (e) A request for a full or partial refund of a fee or a report of an error in the fee payment or its application must be submitted in writing to: U. S. Environmental Protection Agency, Vehicle Programs and Compliance Division, Fee Program Specialist, National Vehicle and Fuel Emission Laboratory, 2000 Traverwood, Ann Arbor, MI 48105.

§ 85.2408 How do I make a fee payment? (a) All fees required by this subpart must be paid by money order, bank draft, certified check, corporate check, or electronic funds transfer payable in U. S. dollars to the order of the Environmental Protection Agency. (b) A completed fee filing form must be sent to the address designated on the form for each fee payment made. (c) Fees must be paid prior to submission of an application for certification. The Agency will not process applications for which the appropriate fee (or reduced fee amount) has not been fully paid. (d) If EPA denies a reduced fee, the proper fee must be submitted within 30 days after the notice of denial, unless the decision is appealed. If the appeal is denied, then the proper fee must be submitted within 30 days after the notice of the appeal denial.

VerDate Aug< 2,> 2002 19: 54 Aug 06, 2002 Jkt 197001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 07AUP3. SGM pfrm17 PsN: 07AUP3 51420 Federal Register / Vol. 67, No. 152 / Wednesday, August 7, 2002 / Proposed Rules § 85.2409 Deficiencies. (a) Any filing pursuant to this subpart that is not accompanied by a completed fee filing form and full payment of the appropriate fee is deemed to be deficient. (b) A deficient filing will be rejected and the amount paid refunded, unless the full appropriate fee is submitted within a time limit specified by the Administrator. (c) EPA will not process a request for certification associated with any filing that is deficient under this section. (d) The date of filing will be deemed the date on which EPA receives the full appropriate fee and the completed fee filing form.

§ 85.2410 Special provisions applicable to the 2003 model year only. (a) For the 2003 model year, the fees specified in sec. 85.2405 of this part will be waived for any light duty vehicle, light duty truck, or heavy duty engine certification request that meets the small volume sales requirements of 40 CFR 86.1838– 01 or 86.098– 14, as applicable, and: (1) Is a dedicated gaseous fueled vehicle or engine; or (2) Receives a certificate of conformity with the LEV, ILEV, ULEV, or ZEV emissions standards in 40 CFR part 88. (b) This section does not apply to 2004 model year and later vehicles or engines.

PART 86— CONTROL OF EMISSIONS FROM NEW AND IN USE HIGHWAY VEHICLES AND ENGINES 3. The Authority for Part 86 continues to read as follows:

Authority: 42 U. S. C. 7401– 7671q.

Subpart J—[ Amended]

4. Section 86.903– 93 is revised to read as follows:

§ 86.903– 93 Applicability. (a) This subpart prescribes fees to be charged for the MVECP for the 1993 through 2003 model year. The fees charged will apply to all manufacturers' and ICIs', LDVs, LDTs, HDVs, HDEs, and MCs. Nothing in this subpart shall be construed to limit the Administrator's authority to require manufacturer or confirmatory testing as provided in the Clean Air Act, including authority to require manufacturer in use testing as provided in section 208 of the Clean Air Act. (b) The fees prescribed in this subpart are replaced by the requirements of 40 CFR part 85, subpart Y for 2003 and later certification requests received on or after [60 days after the date of publication of the final rule]. (c) The fees prescribed in this subpart will only apply to those 2003 model year certification requests which are complete, include all data required by this title, and are received by the Agency prior to [60 days after the date of publication of the final rule].

[FR Doc. 02– 19563 Filed 8– 6– 02; 8: 45 am]

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