                             SUPPORTING STATEMENT
                        ENVIRONMENTAL PROTECTION AGENCY

NSPS for Hot Mix Asphalt Facilities (40 CFR Part 60, Subpart I) (Renewal)

1.  Identification of the Information Collection

      1(a)  Title of the Information Collection

NSPS for Hot Mix Asphalt Facilities (40 CFR part 60, subpart I) (Renewal),
EPA ICR 1127.10, OMB Control Number 2060-0083.

      1(b)  Short Characterization/Abstract

      The New Source Performance Standards (NSPS) for Hot Mix Asphalt Facilities (40 CFR part 60, subpart I) were proposed on June 11, 1973, promulgated on July 25, 1977, and amended on February 14, 1989 (54 FR 6667).  These regulations apply to hot mix asphalt facilities comprised only of a combination of the following: dryers; systems for screening, handling, storing, and weighing hot aggregate; systems for loading, transferring, and storing mineral filler; systems for mixing hot mix asphalt; and the loading, transfer, and storage systems associated with emission control systems. New facilities include those that commenced construction, modification or reconstruction after the date of proposal.  This information is being collected to assure compliance with 40 CFR part 60, subpart I.

      In general, all NSPS standards require initial notifications, performance tests, and periodic reports by the owners/operators of the affected facilities.  They are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation  of an affected facility, or any period during which the monitoring system is inoperative.  These notifications, reports, and records are essential in determining compliance, and are required of all affected facilities subject to NSPS.

	Any owner/operator subject to the provisions of this part will maintain a file of these records, and retain the file for at least two years following the date of such measurements, maintenance reports, and records.  All reports are sent to the delegated state or local authority.     In the event that there is no such delegated authority, the reports are sent directly to the U.S. Environmental Protection Agency (EPA) regional office.

      Over the next three years, an average of 4,325 respondents per year will be subject to the standard, and an additional 105 respondents per year will become subject to the standard.  In addition, we are expecting on average 140 of the existing facilities would be conducting modifications of their facilities, such that they will be required to comply with the initial rule requirements. This information was gathered through consultation with the National Asphalt Pavement Association and the Asphalt Pavement Alliance during a previous renewal.

	All of the hot mix asphalt facilities in the United States are owned and operated by the Hot Mix Asphalt industry (the "Affected Public"), which is a privately-owned, for-profit business.  None of these facilities in the United States are owned by state, local, tribal or the Federal government.   The burden to the "Affected Public" is listed below in Table 1: Annual Respondent Burden and Cost: NSPS for Hot Mix Asphalt Facilities (40 CFR Part 60, Subpart I) (Renewal).  The burden to the "Federal Government" is attributed entirely to work performed by federal employees or government contractors; this burden may be found below in Table 2: Average Annual EPA Burden and Cost: NSPS for Hot Mix Asphalt Facilities (40 CFR Part 60, Subpart I) (Renewal).

      The Office of Management and Budget (OMB) approved the current Information Collection Request (ICR) without any "Terms of Clearance."

2.  Need for and Use of the Collection

      2(a)  Need/Authority for the Collection

      The EPA is charged under section 111 of the Clean Air Act (CAA), as amended, to establish standards of performance for new stationary sources that reflect:

            . . . application of the best technological system of continuous emissions reduction which (taking into consideration the cost of achieving such emissions reduction, or any non-air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated.  Section 111(a)(l).

The Agency refers to this charge as selecting the best demonstrated technology (BDT).  Section 111 also requires that the Administrator review and, if appropriate, revise such standards every four years.

      In addition, section 114(a) states that the Administrator may require any owner/operator subject to any requirement of this Act to:

            Establish and maintain such records; (B) make such reports;              (C) install, use, and maintain such monitoring equipment, and use such audit procedures, or methods; (D) sample such emissions (in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Administrator shall prescribe); (E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; (F) submit compliance certifications in accordance with Section 114(a)(3);    and (G) provide such other information as the Administrator may reasonably require.

      In the Administrator's judgment, particulate matter emissions from hot mix asphalt facilities cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare.  Therefore, the NSPS were promulgated for this source category at 40 CFR part 60, subpart I.

      2(b)  Practical Utility/Users of the Data

      The recordkeeping and reporting requirements in the standard ensure compliance with the applicable regulations that were promulgated in accordance with the Clean Air Act.  The collected information is also used for targeting inspections and as evidence in legal proceedings.

      Performance tests are required in order to determine an affected facility's initial capability to comply with the emission standard.  Continuous emission monitors are used to ensure compliance with the standard at all times.  During the performance test, a record of the operating parameters under which compliance was achieved may be recorded and used to determine compliance in place of a continuous emission monitor.

      The notifications required in the standard are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations.  The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated, leaks are being detected and repaired, and the standard is being met.         The performance test may also be observed.

      The required semiannual compliance certifications are used to determine periods of excess emissions, identify problems at the facility, verify operation and maintenance procedures and for compliance determinations.

3.  Non-duplication, Consultations, and Other Collection Criteria

      The requested recordkeeping and reporting are required under 40 CFR part 60, subpart I.

      3(a)  Non-duplication

       If the subject standards have not been delegated, the information is sent directly to the appropriate EPA regional office.  Otherwise, the information is sent directly to the delegated state or local agency.  If a state or local agency has adopted its own similar standards to implement the Federal standards, a copy of the report submitted to the state or local agency can be sent to the Administrator in lieu of the report required by the Federal standards.  Therefore, no duplication exists.

      3(b)  Public Notice Required Prior to ICR Submission to OMB

      An announcement of a public comment period for the renewal of this ICR was published in the Federal Register (76 FR 26900) on May 9, 2011.  No comments were received on the burden published in the Federal Register.

      3(c)  Consultations

      The Agency has consulted industry experts and internal data sources to project the number of affected facilities and industry growth over the next three years.

      Industry trade association(s) and other interested parties were provided an opportunity to comment on the burden associated with the standard as it was being developed and the standard has been previously reviewed to determine the minimum information needed for compliance purposes.  In the development of this ICR, EPA consulted the National Asphalt Pavement Association at<PHONE_NUMBER>, and the Asphalt Pavement Alliance at<PHONE_NUMBER>.  No comments were received.

      It is our policy to respond after a thorough review of comments received since the last ICR renewal as well as those submitted in response to the first Federal Register notice.  In this case, no comments were received.

      3(d)  Effects of Less Frequent Collection

      Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the standards.  Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met.  If the information required by these standards was collected less frequently, the proper operation and maintenance of control equipment and the possibility of detecting violations would be less likely.

      3(e)  General Guidelines

      These reporting or recordkeeping requirements do not violate any of the regulations promulgated by OMB under 5 CFR part 1320, section 1320.5.

      3(f)  Confidentiality

      Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, chapter 1, part 2, subpart B - Confidentiality of Business Information (CBI) (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

      3(g)  Sensitive Questions

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      The reporting or recordkeeping requirements in the standard do not include sensitive questions.

4.  The Respondents and the Information Requested

      4(a)  Respondents/SIC Codes

      The respondents to the recordkeeping and reporting requirements are hot mix asphalt facilities.  The SIC code for the respondents affected by the standards is United States Standard Industrial Classification (SIC) 2951, which corresponds to the North American Industry Classification System(NAICS) 324121 for hot mix asphalt facilities.

      4(b)  Information Requested

      (i)  Data Items

	In this ICR, all the data that is recorded or reported is required by NSPS for Hot Mix Asphalt Facilities (40 CFR Part 60, Subpart I).

	A source must make the following reports:

                             Notification Reports
Notification of construction or reconstruction
40 CFR 60.7(a)(1)
Notification of actual date of initial startup
40 CFR 60.7(a)(3)
Notification of physical or operational change
40 CFR 60.7(a)(4)
Notification of performance test
40 CFR 60.8(d)

                                    Reports
Report of performance tests
40 CFR 60.8(a)

A source must maintain the following records:

                                 Recordkeeping
Record of startups, shutdowns, and malfunctions
60.7(b)
Records are required to be retained for two years
60.7(f)

Electronic Reporting

      Some of the respondents are using monitoring equipment that automatically records parameter data.  Although personnel at the affected facility must evaluate the data, internal automation has significantly reduced the burden associated with monitoring and recordkeeping at a plant site.

      Also, regulatory agencies, in cooperation with the respondents, continue to create reporting systems to transmit data electronically.  However, electronic reporting systems are still not widely used.  At this time, it is estimated that approximately 10 percent of the respondents use electronic reporting.

            (ii)  Respondent Activities

	Respondents must conduct the following activities:

                             Respondent Activities
Read instructions
Perform initial performance test, Reference Methods 5 for particulate matter and Method 9 to determine opacity, and repeat performance tests if necessary
Write the notifications and reports listed above
Enter information required to be recorded above
Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information
Developing, acquiring, installing, and utilizing technology and systems for the purpose of processing and maintaining information
Developing, acquiring, installing, and utilizing technology and systems for the purpose of disclosing and providing information
Adjust the existing ways to comply with any previously applicable instructions and requirements
Training personnel to be able to respond to a collection of information
Transmitting, or otherwise disclosing the information

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

      5(a)  Agency Activities

	EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information.

Agency Activities
Observes initial performance tests and repeat performance tests if necessary
Reviews notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry
Audits facility records
Inputs and maintains data in the Online Tracking Information System (OTIS)

      5(b)  Collection Methodology and Management

      Following notification of startup, the reviewing authority could inspect the source to determine whether the pollution control devices are properly installed and operated.  Performance test reports are used by the Agency to discern a source's initial capability to comply with the emission standard.  Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs.  The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

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      Information contained in the reports is entered into the OTIS which is operated and maintained by EPA's Office of Compliance.  OTIS is EPA's database for the collection, maintenance, and retrieval of compliance data for approximately 125,000 industrial and government-owned facilities.  EPA uses the OTIS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices and EPA headquarters.  EPA and its delegated Authorities can edit, store, retrieve and analyze the data.
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 	The records required by this regulation must be retained by the owner/operator for two years.

      5(c)  Small Entity Flexibility

      The majority of the respondents are large entities (i.e., large businesses).  However,         the impact on small entities (i.e., small businesses) was taken into consideration during the development of the regulation.  Due to technical considerations involving the process operations and the types of control equipment employed, the recordkeeping and reporting requirements are the same for both small and large entities.  The Agency considers these to be the minimum requirements needed to ensure compliance and, therefore, cannot reduce them further for small entities.  To the extent that larger businesses can use economies of scale to reduce their burden,  the overall burden will be reduced.

      5(d)  Collection Schedule

      The specific frequency for each information collection activity within this request is shown below in Table 1:  Annual Respondent Burden and Cost:  NSPS for Hot Mix Asphalt Facilities (40 CFR Part 60, Subpart I) (Renewal).

6.  Estimating the Burden and Cost of the Collection

      Table 1 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for the subpart included in this ICR.  The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act.  Wherever appropriate, specific tasks and major assumptions have been identified in the burden calculations.  Responses to this information collection are mandatory.

      The 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.

      6(a)  Estimating Respondent Burden

      Over the next three years, the average annual burden to industry for these recordkeeping and reporting requirements is estimated to be 18,284 hours (Total Labor Hours from Table 1).  These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NSPS, the previously approved ICR, and any comments received.

      6(b)  Estimating Respondent Costs

            (i)  Estimating Labor Costs

      This ICR uses the following labor rates:

		Managerial	$121.42   ($57.82 + 110%)
            Technical	$99.14   ($47.21 + 110%)
            Clerical	$49.81   ($23.72 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, September 2011, "Table 2. Civilian Workers, by Occupational and Industry group."  The rates are from column 1, "Total compensation."  The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

            (ii)  Estimating Capital/Startup and Operation and Maintenance Costs

      The only costs to the regulated industry resulting from information collection activities required by the subject standard are labor costs.  There are no capital/startup or operation and maintenance costs.

            (iii)  Capital/Startup vs. Operation and Maintenance (O&M) Costs

      The only type of industry costs associated with the information collection activity in the regulations is labor costs.  There are no capital/startup or operation and maintenance costs.

      6(c)  Estimating Agency Burden and Costs

      The only costs to the Agency are those associated with analysis of the reported information.  EPA's overall compliance and enforcement program includes activities such as the examination of records maintained by the respondents, periodic inspection of sources of emissions, and the publication and distribution of collected information.

      The average annual Agency cost during the three years of the ICR is estimated to be $188,641.

--------------------------------------------------------------------------------
      This cost is based on the average hourly labor rate as follows:

		Managerial	$62.27 (GS-13, Step 5, $38.92 + 60%)
		Technical	$46.21 (GS-12, Step 1, $28.88 + 60%)
		Clerical	$25.01 (GS-6, Step 3, $15.63 + 60%)
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      These rates are from the Office of Personnel Management (OPM), 2011 General Schedule, which excludes locality, rates of pay.  The rates have been increased by 60 percent to account for the benefit packages available to government employees.  Details upon which this estimate is based appear below in Table 2: Average EPA Burden and Cost: NSPS for Hot Mix Asphalt Facilities (40 CFR Part 60, Subpart I) (Renewal).

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

Based on our research for this ICR, on average over the next three years, approximately 4,220 existing respondents will be subject to the standard.  It is estimated that an additional 105 respondents per year will become subject.  The overall average number of respondents, as shown in the table below is 4,325 per year.

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      The number of respondents is calculated using the following table that addresses the three years covered by this ICR.
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                             Number of Respondents

                        Respondents That Submit Reports
                  Respondents That Do Not Submit Any Reports

Year
                                      (A)
                         Number of New Respondents [1]
                                      (B)
                        Number of Existing Respondents
                                      (C)
  Number of Existing Respondents That Keep Records but Do Not Submit Reports
                                      (D)
         Number of Existing Respondents That Are Also New Respondents
                                      (E)
                             Number of Respondents
                                  (E=A+B+C-D)
                                       1
                                      245
                                       0
                                     4,115
                                      140
                                     4,220
                                       2
                                      245
                                       0
                                     4,220
                                      140
                                     4,325
                                       3
                                      245
                                       0
                                     4,325
                                      140
                                     4,430
                                    Average
                                      245
                                       0
                                     4,220
                                      140
                                     4,325
      [1] New respondent include sources with constructed, reconstructed and modified affected facilities.  In this standard, existing respondents that conduct operational changes submit initial notifications and conduct performance tests.

      Column D is subtracted to avoid double-counting respondents.  As shown above, the average number of respondents over the three-year period of this ICR is 4,325.

      The total number of annual responses per year is calculated using the following table:

                            Total Annual Responses
                                      (A)
                        Information Collection Activity
                                      (B)
                             Number of Respondents
                                      (C)
                              Number of Responses
                                      (D)
  Number of Existing Respondents That Keep Records But Do Not Submit Reports
                                      (E)
                            Total Annual Responses
                                   E=(BxC)+D
Notification of initial startup
                                      105
                                       1

                                      105
Notification of contraction/reconstruction
                                      105
                                       1

                                      105
Notification of operational change
                                      140
                                       1

                                      140
Notification of performance test
                                      245
                                      1.2

                                      294
Performance test reports
                                      245
                                      1.2

                                      294
Recordkeeping

                                     4,220
                                     4,220
Total

                                     5,158

      The number of Total Annual Responses is 5,158.

      The total annual labor costs are $1,751,943.  Details regarding these estimates may be found below below in Table 1: Annual Respondent Burden and Cost: NSPS for Hot Mix Asphalt Facilities (40 CFR Part 60, Subpart I) (Renewal).

      6(e)  Bottom Line Burden Hours and Cost Tables

      The detailed bottom line burden hours and cost calculations for the respondents and the Agency are shown in Tables 1 and 2 (below), respectively, and summarized below.

            (i) Respondent Tally

      The total annual labor hours are 18,284.  Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost: NSPS for Hot Mix Asphalt Facilities (40 CFR Part 60, Subpart I) (Renewal).

      Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 4 hours per response.

      There are no capital/startup or operation and maintenance costs.

             (ii)  The Agency Tally

      The average annual Agency burden and cost over next three years is estimated to be 4,186 labor hours at a cost of $188,641.  See below Table 2:  Average Annual EPA Burden and Cost:  NSPS for Hot Mix Asphalt Facilities (40 CFR Part 60, Subpart I) (Renewal).

      6(f)  Reasons for Change in Burden

There is an increase in burden hours to the respondent in this ICR as compared to the most recently approved ICR.  The increase is due to industry growth in the past three years, resulting in additional number of respondents that are subject to this standard.  In addition, there is an increase in burden costs to both the respondent and the Agency due to an adjustment in labor rates.  This ICR uses the most recent labor rates from the Bureau of Labor Statistics in calculating the labor costs.

6(g)  Burden Statement

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      The annual public reporting and recordkeeping burden for this collection of information is estimated to average 4 hours per response.  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.
--------------------------------------------------------------------------------

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      An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB Control Number.  The OMB Control Numbers for EPA regulations are listed at 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 - OECA - 2011 - 0241.  An electronic version of the public docket is available at http://www.regulations.gov/ which may be used to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the 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 in this document.  The documents are also available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 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<PHONE_NUMBER>, and the telephone number for the docket center is<PHONE_NUMBER>.  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 Officer for EPA.  Please include the EPA Docket ID Number EPA - HQ - OECA - 2011 - 0241 and OMB Control Number 2060 - 0083 in any correspondence.

Part B of the Supporting Statement

      This part is not applicable because no statistical methods were used in collecting this information.

Table 1:  Annual Respondent Burden and Cost:  NSPS for Hot Mix Asphalt Facilities (40 CFR Part 60, Subpart I) (Renewal)

                                  Burden item
                                     (A)
                          Person-hours per occurrence
                                     (B)
                  No.  Of occurrences per respondent per year
               (C) Person-hours per respondent per year (C=AxB)
                         (D) Respondents per year (a)
                  (E) Technical person-hours per year (E=CxD)
                 (F) Management person-hours per year (Ex0.05)
                                     (G)
                    Clerical person-hours per year (Ex0.1)
                                     (H)
                                  Cost, $ (b)
1.  Applications
                                      N/A

2.  Survey and Studies
                                      N/A

3.  Acquisition, Installation,  and Utilization of  Technology and  Systems
                                      N/A

4.  Reporting Requirements

  A.  Read instructions
                                       1
                                       1
                                       1
                                      245
                                      245
                                     12.25
                                     24.5
                                                                     $26,997.03
  B.  Required activities:

   i.  Initial performance tests  [c]
                                      24
                                       1
                                      24
                                      245
                                     5,880
                                      294
                                      588
                                                                    $647,928.96
   ii.  Repeat performance tests  [c]
                                      24
                                      0.2
                                      4.8
                                      245
                                     1,176
                                     58.8
                                     117.6
                                                                    $129,585.80
   iii.  Reference Method 9
                                       4
                                       1
                                       4
                                      245
                                      980
                                      49
                                      98
                                                                    $107,988.16
   iii.  Monitoring of operations and equipment
                                Included in  5E

C.  Gather existing information
                             Included in 4B and 5E

D.  Write report [a, c]

   i.  Notification of actual  startup date
                                       2
                                       1
                                       2
                                      105
                                      210
                                     10.5
                                      21
                                                                     $23,140.32
   ii.  Notification of construction/ reconstruction
                                       2
                                       1
                                       2
                                      105
                                      210
                                     10.5
                                      21
                                                                     $23,140.32
   iii.  Notification of physical or operational change
                                       2
                                       1
                                      2.
                                      140
                                      280
                                      14
                                      28
                                                                     $30,853.76
   iii.  Notification of  performance test [c]
                                       2
                                      1.2
                                      2.4
                                      245
                                      588
                                     29.4
                                     58.8
                                                                     $64,792.90
   iv.  Reports of performance test results
                                Included in  4B

  v.  Periodic reports [d]
                                      N/A

SUBTOTAL Reporting

                                   11,004.35

5.  Recordkeeping Requirements

 A.  Read instructions
                                Included in 4A

 B.  Plan activities
                                Included in 4B

C.  Implement activities
                                Included in 4B

D.  Develop record system
                                      N/A

E.  Time to enter and transmit information [e]
                                      1.5
                                       1
                                      1.5
                                     4,220
                                     6,330
                                     316.5
                                      633
                                                                    $697,515.36
F.  Time to train personnel
                                      N/A

G. Time for audits
                                      N/A

SUBTOTAL Recordkeeping

                                    7,279.5

TOTAL LABOR BURDEN AND COST  (Rounded)

                                   18,283.85
                               18,284 (rounded)
                                                                     $1,751,943

Assumptions:
[a]   We have determined that approximately 95 percent of existing hot mix asphalt facilities in the United States are currently subject to NSPS subpart I.  In addition, we are expecting an average net growth of 105 facilities per year for this sector and that an average of 140 existing facilities would be conducting modifications of their facilities.
[b]   This ICR uses the following labor rates: $121.42 per hour for Executive, Administrative, and Managerial labor; $99.14 per hour for Technical labor, and $49.81 per hour for Clerical labor.  These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 19, 2005, "Table 2. Civilian Workers, by Occupational and Industry group."  The rates are from column 1, "Total compensation."  The rates have been increased by 110% to account for the benefit packages available to those employed by private industry.
c  We have assumed that a total of 245 new and modified hot mix asphalt facilities would be required to submit notification and conduct a performance test.  We have further assumed that about 20 percent of the sources would repeat performance tests due to failure.
d   The rule does not require existing sources to submit periodic reports.
[e] We have assumed that recordkeeping would take sources an average of 1.5 hours a year.

Table 2:  Average Annual EPA Burden and Cost: NSPS for Hot Mix Asphalt Facilities (40 CFR Part 60, Subpart I) (Renewal)

                                   Activity
                                      (A)
                        EPA person-hours per occurrence
                                      (B)
                     No. of occurrences per plant per year
                                      (C)
                  EPA person-hours per plant per year (C=AxB)
                           (D) Plants Per Year  a, c
                  (E) Technical person-hours per year (E=CxD)
                 (F) Management person-hours per year (Ex0.05)
                  (G) Clerical person-hours per year (Ex0.10)
                                      (H)
                                   Cost, $ b
Notification of actual  startup date
                                       2
                                       1
                                       2
                                      105
                                      210
                                     10.5
                                      21
                                                                     $10,883.14
Notification of construction/ reconstruction
                                       2
                                       1
                                       2
                                      105
                                      210
                                     01.5
                                      21
                                                                     $10,883.14
Notification of physical or operational change
                                       2
                                       1
                                       2
                                      140
                                      280
                                      14
                                      28
                                                                     $14,510.86
Notification of performance
test
                                       2
                                      1.2
                                      2.4
                                      245
                                      588
                                     29.4
                                     58.8
                                                                     $30,472.81
Reports of performance test results [c]
                                       8
                                      1.2
                                      9.6
                                      245
                                     2,352
                                     117.6
                                     235.2
                                                                    $121,891.22
Periodic reports [d]
                                      N/A

Subtotal Burden and Cost

                                     3,640
                                      182
                                      364
                                                                    $188,641.17
TOTAL ANNUAL BURDEN AND COST (rounded)

                                     4,186
                                                                       $188,641

Assumptions:
 a    We have determined that approximately 95 percent of existing hot mix asphalt facilities in the United States are currently subject to NSPS subpart I.  In addition, we are expecting an average net growth of 105 facilities per year for this sector and that 140 of the existing facilities would be conducting modifications of their facilities.
 b   This cost is based on the following labor rates which incorporates a 1.6 benefits multiplication factor to account for government overhead expenses:  Managerial rate of  $62.27 (GS-13, Step 5, $38.92 x 1.6), Technical rate of $46.21 (GS-12, Step 1, $28.88 x 1.6), and Clerical rate of $25.01 (GS-6, Step 3, $15.63 x 1.6).  These rates are from the Office of Personnel Management (OPM) "2011 General Schedule" which excludes locality rates of pay.
 c   The 245 new and modified hot mix asphalt facilities would be required to submit notifications and perform performance tests.
    d   The rule does not require sources to submit periodic reports.


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[Federal Register Volume 87, Number 95 (Tuesday, May 17, 2022)]
[Notices]
[Page 29892]
[FR Doc No: 2022-10588]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34582; File No. 812-15079]

WCB Investment Pool LLC; Notice of Application

May 12, 2022.
AGENCY:  Securities and Exchange Commission (``Commission'').

ACTION:  Notice of application for an order under section 6(c) of the
Investment Company Act of 1940 (the ``Act'') for an exemption from all
provisions of the Act and all rules and regulations thereunder.

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Summary of Application: Applicant requests an order for an exemption
from all provisions of the Act and all rules and regulations
thereunder, as Applicant is a private investment company wholly owned
and controlled by a single family.

Applicant: WCB Investment Pool LLC (``Applicant'').

Filing Dates: The application was filed on December 2, 2019 and amended
on June 11, 2021 and May 10, 2022.

Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by emailing the Commission's
Secretary at [email protected] and serving Applicant with a
copy of the request by email. Hearing requests should be received by
the Commission by 5:30 p.m. on June 6, 2022, and should be accompanied
by proof of service on applicant, in the form of an affidavit or, for
lawyers, a certificate of service. Pursuant to rule 0-5 under the Act,
hearing requests should state the nature of the writer's interest, any
facts bearing upon the desirability of a hearing on the matter, the
reason for the request, and the issues contested. Persons who wish to
be notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: The Commission: [email protected]. Applicant: c/o
Steven Boehm, by email to sutherland.com">[email protected]sutherland.com.

FOR FURTHER INFORMATION CONTACT: Joseph Toner, Senior Counsel, at (202)
551-7595, or Marc Mehrespand, Branch Chief, at<PHONE_NUMBER> (Division
of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: For Applicants' representations, legal
analysis, and conditions, please refer to the Applicant's most recently
filed application, dated May 10, 2022, which may be obtained via the
Commission's website by searching for the file number at the top of
this document, or for the Applicant using the Company name search
field, on the SEC's EDGAR system. The SEC's EDGAR system may be
searched at https://www.sec.gov/edgar/searchedgar/legacy/companysearch.html. You may also call the SEC's Public Reference Room
at<PHONE_NUMBER>.

    For the Commission, by the Division of Investment Management,
under delegated authority.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-10588 Filed 5-16-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: November 21, 2007 (Volume 72, Number 224)]
[Proposed Rules]
[Page 65532-65539]
[DOCID:fr21no07-29]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 594

[Docket No. NHTSA 2007-0037; Notice 1]
RIN 2127-AK10

Schedule of Fees Authorized by 49 U.S.C. 30141 Offer of Cash
Deposits or Obligations of the United States in Lieu of Sureties on DOT
Conformance Bonds

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to amend NHTSA's regulations that
prescribe fees authorized by 49 U.S.C. Sec. 30141 for various functions
performed by the agency with respect to the importation of motor
vehicles that do not conform to all applicable Federal motor vehicle
safety and bumper standards. An importer must file with U.S. Customs
and Border Protection (CBP) a Department of Transportation (DOT)
conformance bond at the time that a nonconforming motor vehicle is
offered for importation into the United States, or in lieu of such a
bond, the importer may post cash deposits or obligations of the United
States to ensure that the vehicle will be brought into conformance with
all applicable standards within 120 days from the date of importation,
or will be exported from, or abandoned to, the United States. To avoid
the costs of a DOT conformance bond, some importers have sought to post
cash deposits, which would relieve the importers of the bonding costs
but cause the agency to expend considerable resources. To permit the
government to recover these expenses, this amendment would establish a
fee for the agency's processing of these cash deposits or obligations
of the United States that are furnished in lieu of a DOT conformance
bond.

DATES: You should submit your comments early enough to ensure that
Docket Management receives them not later than January 7, 2008.

ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the online instructions for submitting

comments.
     Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building

Ground Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation heading of the Supplementary Information section of this
document. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information

provided. Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://DocketInfo.dot.gov
.

    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov. or the street

address listed above. Follow the online instructions for accessing the
dockets.

FOR FURTHER INFORMATION CONTACT: For non-legal issues: Coleman Sachs,
Office of Vehicle Safety Compliance, National Highway Traffic Safety
Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590 (202-
366-3151). For legal issues: Michael Goode, Office of Chief Counsel,
National Highway Traffic Safety Administration, 1200 New Jersey Avenue,
SE., Washington, DC 20590<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION:

A. Background

    Subject to certain exceptions, 49 U.S.C. 30112(a) prohibits any
person from importing into the United States a motor vehicle
manufactured on or after the date that an applicable Federal motor
vehicle safety standard (FMVSS) takes effect unless the vehicle
complies with the standard and is so certified by its manufacturer. One
of the exceptions to this prohibition is found in 49 U.S.C. 30141. That
section permits an importer that is registered with NHTSA (a
``registered importer'') to import a motor vehicle that was not
originally manufactured to conform to all applicable FMVSS, provided
NHTSA has decided that the vehicle is eligible for importation. Under
the criteria that are specified in Section 30141 for these decisions, a
motor vehicle is not eligible for importation unless, among other
things, it is capable of being altered to comply with all applicable
FMVSS. See 49 U.S.C. 30141(a)(1)(A)(iv) and (B).

B. Requirements for Bonding

    Once a motor vehicle has been declared eligible for importation, it
can be imported by a registered importer (RI) or by an individual who
has executed a contract or other agreement with an RI to bring the
vehicle into compliance with applicable FMVSS. For vehicles that are
imported in this fashion, a DOT conformance bond (Form HS-474), in an
amount equivalent to 150 percent of the declared value of the vehicle,
must be furnished to CBP at the time of importation to ensure that the
necessary modifications are completed within 120 days of entry or, if
conformance is not achieved, for the vehicle to be delivered to the
Secretary of Homeland Security for export at no cost to the United
States, or for the vehicle to be abandoned to the United States. See 49
CFR 591.6(c). The DOT conformance bond must be underwritten by a surety
that possesses a certificate of authority to underwrite Federal bonds.
See 49 CFR 591.8(c), referencing a list of certificated sureties at 54
FR 27800, June 30, 1989.
    In lieu of sureties on a DOT conformance bond, an importer may
offer United States money, United States bonds (except for savings
bonds), United States certificates of indebtedness, Treasury notes, or
Treasury bills (hereinafter referred to as ``cash deposits'') in an
amount equal to the amount of the bond. See 49 CFR 591.10(a).
    In recent years, a number of RIs have encountered difficulty in
obtaining DOT conformance bonds underwritten by certificated sureties.
To achieve the entry of the nonconforming vehicles they have sought to
import, these RIs have had to resort to furnishing NHTSA with cash
deposits in lieu of sureties on a DOT conformance bond. The receipt,
processing, handling, and disbursement of these cash deposits has
caused the agency to consume a considerable amount of staff time and
material resources.

C. Fees Authorized by 49 U.S.C. 30141

    NHTSA is authorized under 49 U.S.C. 30141(a)(3) to establish an
annual fee requiring RIs to pay for the costs of carrying out the RI
program. The agency is also authorized under this section to establish
fees to pay for the costs of processing the conformance bonds that RIs
provide, and fees to pay for the costs of making agency decisions
relating to the importation of noncomplying motor vehicles and
equipment.
    The agency has, to date, established five separate fees under the
authority of 49 U.S.C. 30141. These are set forth in 49 CFR part 594.
The first is the annual fee that is collected from RIs to cover the
agency's costs for administering the RI program. This fee, which is
covered by section 594.6, is currently set at $677 for persons applying
for RI status and at $570 for those seeking the renewal of that status.
As described in section 594.6, the fee is based on the direct and
indirect costs incurred by the agency in processing and acting upon
initial applications for RI status and annual statements seeking the
renewal of that status, as well as other actions performed by the
agency in administering the RI program.
    The second fee is collected from each motor vehicle manufacturer or
RI who petitions NHTSA to decide that a nonconforming vehicle is
eligible for importation. This fee, which is covered by 49 CFR 594.7,
is currently set at $175 for a petition seeking an eligibility decision
on the basis that a nonconforming vehicle is substantially similar to a
U.S. certified counterpart, and at $800 for a petition seeking such a
decision on the basis that a nonconforming vehicle is capable of being
altered to conform to all applicable standards. As detailed in section
594.7, this fee is based on the direct and indirect costs incurred by
NHTSA in processing and acting upon import eligibility petitions. In
the event that a petitioner requests an inspection of a vehicle, the
sum of $827 is added to the fee for vehicles that are the subject of
either type of petition.
    The third fee is for importing a vehicle under an eligibility
decision made by the Administrator. This fee, which is covered by 49
CFR 594.8, is currently set at $208 per vehicle. As described in
section 594.8, this fee is calculated to cover NHTSA's direct and
indirect costs in making import eligibility decisions.
    The fourth fee covers the agency's costs for reviewing a
certificate of conformity that an RI submits for each vehicle that it
imports under conformance bond. This fee, which is covered by 49 CFR
594.10, encompasses review of the RI's certificate of conformity, which
establishes that a nonconforming vehicle has been brought into
conformity with all applicable standards and permits the agency to
release the conformance bond that was furnished for the vehicle at the

time of entry. This fee is currently $18 per vehicle if the vehicle is
entered using paper documents. If the vehicle has been electronically
entered through the Automated Broker Interface (ABI) system and the RI
has an e-mail address, the fee for reviewing the certificate of
conformity is $6, provided the fee is paid by credit card. If however,
there are errors made in the ABI entry information or omissions in the
certificate of conformity, $48 is charged to correct or complete the
information.
    The fifth fee has been established pursuant to 49 U.S.C.
30141(a)(3)(A) to pay for the costs of processing bonds provided to the
Secretary of the Treasury. RIs furnish these bonds for each vehicle
covered by a certificate of conformity that is submitted to NHTSA. This
fee, which is covered by 49 CFR 594.9, is currently set at $9.77 and
only reimburses CBP for services that agency performs at the time of
entry. The fee is based on direct and indirect cost information
provided to NHTSA by CBP.

D. Proposed Fee for Processing Cash Deposits

    Although the above-described fees have permitted NHTSA to recover
the costs it incurs in administering certain aspects of the RI program,
such as making import eligibility decisions, other services that NHTSA
provides to importers of nonconforming vehicles have gone unreimbursed.
One such service for which the agency believes it is entitled to
reimbursement under 49 U.S.C. 30141 is the receipt, processing,
handling, and disbursement of cash deposits submitted by importers and
RIs in lieu of sureties on DOT conformance bonds.
    When the RI program was first established following the enactment
of the Imported Vehicle Safety Compliance Act of 1988, Pub. L. 100-52,
bonding companies were reluctant to serve as sureties because of their
unfamiliarity with DOT conformance bonds, and prospective importers
found it difficult to obtain such bonds. To assist importers and to
provide relief from an unintended impediment to the importation of
nonconforming vehicles, the agency later proposed cash deposits as an
alternate to providing a bond, and formalized the process by adding to
its regulations a provision permitting such deposits, as found at 49
CFR 591.10. See 58 FR 12905 (March 8, 1993).
    When other fees were established under part 594, NHTSA did not
recognize a need to impose a fee to recover the costs it incurs in
handling cash deposits because few cash deposits had been made and they
accounted for a relatively small share of the work performed by the
agency. In the ensuing years, NHTSA has devoted a substantially greater
share of its staff time to those efforts. More recently, a Customs
broker representing an RI who could obtain a DOT conformance bond from
a surety asked the agency whether the importer could provide a cash
deposit instead. The broker stated that the importer was reluctant to
pay the necessary fee for obtaining a DOT conformance bond and was
informed by the RI that he could avoid any fee by sending NHTSA a cash
deposit. Had the importer submitted a cash deposit, the agency would
have been required to expend considerable resources for his benefit,
and for the sole reason that he was unwilling to pay for a DOT
conformance bond. This circumstance alerted the agency to the need to
charge a fee for processing cash deposits to offset the agency's costs
for performing this work.
    Because NHTSA's acceptance of the cash deposits is a necessary
predicate to the release of the vehicle into the commerce of the United
States, NHTSA has tentatively concluded that the expense incurred by
the agency to receive, process, handle, and disburse cash deposits may
be treated as part of the bond processing cost, for which NHTSA is
authorized to set a fee under 49 U.S.C. 30141(a)(3)(A).
    Even if such authority did not exist in Chapter 301 of Title 49,
U.S. Code, the Independent Offices Appropriation Act of 1952, 31 U.S.C.
Sec. 9701, provides ample authority for NHTSA to impose fees that are
sufficient to recover the agency's full costs to receive, process,
handle, and disburse cash deposits. By performing these tasks related
to cash deposits, NHTSA is performing a specific service for an
identifiable beneficiary that can form the basis for the imposition of
a fee under 31 U.S.C. Sec. 9701. Courts have long recognized that
Federal agencies may impose fees under section 9701 for providing
comparable services to regulated entities. See, e.g., Seafarers
International Union of North America v. U.S. Coast Guard, 81 F.3d 179,
183 (DC Cir. 1996) (finding the Coast Guard authorized to charge
reasonable fees for processing applications for merchant mariner
licenses, certificates, and work documents); Engine Manufacturers
Association v. E.P.A., 20 F.3d 1177, 1180 (DC Cir. 1994) (finding the
E.P.A. authorized to impose a fee to recover its costs for testing
vehicles and engines for compliance with the emission standards of the
Clean Air Act); and National Cable Television Association, Inc. v.
F.C.C., 554 F.2d 1094, 1101 (DC Cir. 1976) (finding the F.C.C.
authorized to impose fees for issuing certificates of compliance to
cable television operators).
    In view of the language and judicial construction of 31 U.S.C.
9701, NHTSA is relying on this provision as an independent source of
authority for the proposed fee. The agency believes that this provision
and 49 U.S.C. 30141 each provide sufficient separate authority for the
proposed fee and the other fees that the agency has established under
49 CFR part 594.

E. Fee Computation

    As previously noted, NHTSA has computed all other fees that it
collects under the authority of 49 U.S.C. 30141 on the basis of all
direct and indirect costs incurred by the agency in performing the
function for which the fee is charged. In the Federal Register notice
proposing the original schedule of fees that was adopted in part 594,
the agency observed that this approach was consistent with the manner
in which other agencies have computed user fees under the Independent
Offices Appropriation Act, 31 U.S.C. 9701, and the Consolidated Omnibus
Budget Reconciliation Act, P.L. 99-272. See 54 FR 17792, 17793 (April
25, 1989). NHTSA specified in its 1989 NPRM proposing rules for the RI
program that ``the fees imposed by part 594 would include the agency's
best direct and indirect cost estimates of the man-hours involved in
each activity, on both the staff and supervisory levels, the costs of
computer and word processor usage, costs attributable to travel,
salary, and benefits, and maintenance of work space,'' as appropriate
for each fee. See 54 FR 17795 (April 25, 1989). Subsequently, the
Office of Management and Budget (OMB), in Circular A-25 that
established Federal policy for the assessment of user fees under 31
U.S.C. Sec. 9701, stated that such fees must be ``sufficient to recover
the full cost to the Federal Government * * * of providing the service,
resource, or good when the Government is acting in its capacity as a
sovereign.'' See 58 FR 38142, 38144 (July 15, 1993).
    Applying an approach consistent with the OMB Circular and the one
followed in its 1989 rulemaking, the agency has considered its direct
and indirect costs in calculating the proposed fee for the review,
processing, handling, and disbursement of cash deposits submitted by
importers and RIs in lieu of sureties on a DOT conformance bond as
follows:
    The direct costs that would be used to calculate the proposed fee
include the estimated cost of contractor and

professional staff time for administering cash deposits submitted by
importers and RIs in lieu of sureties on a DOT conformance bond.
Additional direct costs include computer equipment and maintenance
costs, telephone toll charges, and postage.
    The indirect costs include a pro rata allocation of the average
benefits of agency staff while administering cash deposits. Benefits
provided by NHTSA amount to 21.5 percent of the salary earned by its
professional staff. The indirect costs also include a pro rata
allocation of the costs attributable to the rental and maintenance of
office space and equipment, the use of office supplies, and other
overhead items. For fiscal years (FY) 2007 and 2008, these costs are
projected to average $17.07/hour for each employee and contract support
staff member working at NHTSA headquarters.
    The estimated cost of contract and professional staff time is
calculated on the basis of the full cost for time spent during FY 2007
and the estimated FY 2008 rates, including benefits (for professional
staff only) and overhead. This is summarized in Table 1 below:

                          Table 1.--Staff Costs
------------------------------------------------------------------------
                                                                FY 2008
                    NHTSA staff                      FY 2007      est.
------------------------------------------------------------------------
Contractor........................................     $33.43     $34.70
NHTSA Manager.....................................      59.93      62.20
NHTSA Senior Manager..............................      67.04      69.58
------------------------------------------------------------------------

    Administering the process begins when the cash deposits are
received by mail. We estimate that a contractor spends 10 minutes
logging receipt of, and hand delivering the cash deposits to, a manager
within NHTSA's Office of Vehicle Safety Compliance (OVSC). The OVSC
manager spends an estimated 20 minutes discussing by telephone with the
importer, the necessary formal agreement and its obligations, preparing
the formal agreement between the agency and the importer, and faxing
the agreement to the importer for signature. After the importer signs
and returns the agreement, a contractor spends an estimated 5 minutes
logging receipt of the agreement and returning it to the OVSC manager.
We estimate that the OVSC manager spends 20 minutes to prepare a
transmittal memo that describes the formal agreement and requests the
approval and signature of a senior NHTSA manager, who by regulation is
authorized to obligate the agency. Another 30 minutes of time is needed
for agency chain-of-command review and approval of the agreement.
    Once the agreement is executed, the OVSC manager expends 10 minutes
preparing and faxing a letter that notifies CBP that NHTSA has approved
the vehicle's formal entry into the United States. The OVSC manager
prepares an additional letter notifying the importer that the agreement
has been signed, that CBP has been notified, and that the vehicle can
now be formally entered into the United States. We estimate that
preparing and transmitting this letter takes 10 minutes. The OVSC
manager also notifies a contractor to record a notation in the agency's
Motor Vehicle Importation Information (MVII) database.
    The OVSC manager consumes 10 minutes of work time preparing a cover
memorandum and delivering the cash deposits to the agency's finance
manager. The finance manager delivers the cash deposits to a
Washington, DC bank for deposit in a non-interest bearing account. We
estimate that it takes one hour to accomplish this task, which
concludes the first stage of administering the cash deposit.
    Based on the time required to accomplish these tasks, we calculate
that for FY 2007, 20 minutes of contractor time costs $16.83 and two
hours and 40 minutes of professional staff time costs $241.01.
Therefore, the total FY 2007 cost for staff time is $260.84. Using
projected hourly rate increases of 3.79% for both contract and
professional staff, we estimate a staff time cost of $268.80 for FY
2008.
    The second phase of the process begins when the importer notifies
NHTSA that vehicle conformance obligations have been met. We estimate
that this notification takes 10 minutes of professional staff time. The
OVSC manager takes 10 minutes of time preparing a cover memorandum to
the finance manager that requests that a check be drawn on the agency's
account in the importer's name. We estimate that it takes one hour of
the finance manager's time to order and retrieve from the bank a check
drawn on the agency's non-interest bearing account. The finance manager
consumes 10 minutes of time delivering the check to the OVSC manager
and notifying the agency's Director of Finance of the transaction. The
OVSC manager then composes a letter to the importer and mails the
letter with the enclosed check, consuming another 10 minutes of time.
On a monthly basis, the finance manager expends 5 minutes reviewing for
accuracy the agency's bank statement transactions.
    This phase of the process consumes one hour and 45 minutes of
professional staff time and costs the agency for FY 2007 a total of
$157.30. We estimate for FY 2008 that this cost will increase to
$162.13, based on a projected 3.79% hourly rate increase for both
contractor and professional staff.
    As previously stated, additional direct costs include computer
equipment and maintenance costs, which we have calculated at $1.86/
hour. We have determined that one hour and 25 minutes of computer time
is needed to accomplish the tasks associated with processing each cash
deposit, yielding a total of $158.10. We also estimate that the agency
will spend $5.75 for the toll costs incurred for three telephone
transmissions (i.e., faxing the formal agreement to the importer for
signature; faxing a letter informing CBP that the vehicle's entry is
approved; and faxing a letter notifying the importer to proceed with
the vehicle's entry) and $3.00 postage for mailing the check to the
importer.
    Based on the above factors, NHTSA proposes to charge $598.00 as the
fee to recover the costs it incurs for each vehicle imported during FY
2008, for which the importer submits a cash deposit in lieu of a DOT
conformance bond. This fee would have to be tendered with each cash
deposit submitted to the agency in lieu of a bond. The time expended,
hourly rates, direct and indirect costs, and proposed fees to reimburse
NHTSA are summarized in Appendix A of this notice.

F. Effective Date

    Section 30141(e) of Title 49, U.S. Code requires the amount of fees
imposed under section 30141(a) to be reviewed, and, if appropriate,
adjusted by NHTSA at least every two years. It also requires that the
fee for each fiscal year be established before the beginning of that
year. Any final rule on this proposal must therefore be issued not
later than September 30, 2008 so that the fee it establishes will be
applicable in Fiscal Year 2009, which begins on October 1, 2008.

G. Appendix A

    The following tables provide an itemization of the time expended,
hourly rates, direct and indirect costs, and proposed fees to reimburse
NHTSA for the costs of receiving, processing, handling, and disbursing
cash deposits:

----------------------------------------------------------------------------------------------------------------
                                           Time
       Step of process          Staff*    mins.     FY 07 Rate      FY 07 Cost      FY 08 Rate      FY 08 Cost
----------------------------------------------------------------------------------------------------------------
                            Receipt, Processing, and Handling of Cash Deposits (Cash)
----------------------------------------------------------------------------------------------------------------
Cash received and delivered..  C.......       10          $50.50           $8.42          $51.77           $8.63
Agreement obligations          E.......       10          $89.88          $14.98          $92.64          $15.44
 discussed with importer.
Prepare formal agreement.....  E.......       10          $89.88          $14.98          $92.64          $15.44
Agreement faxed for            ........  .......  ..............     Toll charge  ..............     Toll charge
 importer's signature.
Signed agreement received and  C.......        5          $50.50           $4.21          $51.77           $4.31
 delivered.
Prepare agreement approval     E.......       20          $89.88          $29.96          $92.64          $30.88
 memo.
Agreement review and           E.......       10          $98.52          $16.42         $101.61          $16.94
 signature.
                               E.......       10          $98.52          $16.42         $101.61          $16.94
                               E.......       10          $98.52          $16.42         $101.61          $16.94
Prepare CBP letter approving   E.......       10          $89.88          $14.98          $92.64          $15.44
 vehicle entry.
Fax CBP letter...............  ........  .......  ..............     Toll charge  ..............     Toll charge
Prepare importer letter        E.......       10          $89.88          $14.98          $92.64          $15.44
 approving vehicle entry.
Transmit letter to importer    ........  .......  ..............     Toll charge  ..............     Toll charge
 by fax.
Create database record.......  C.......        5          $50.50           $4.21          $51.77           $4.31
Prepare and deliver memo/cash  E.......       10          $89.88          $14.98          $92.64          $15.44
 to finance.
Deposit cash in bank.........  E.......       60          $89.88          $89.88          $92.64          $92.64
                                                                 ----------------                ---------------
    Subtotal.................  ........  .......  ..............         $260.84  ..............         $268.80
*Staff Notes: (C) is
 contractor and (E) is
 employee.
----------------------------------------------------------------------------------------------------------------
                                Handling and Disbursement of Cash Deposits (Cash)
----------------------------------------------------------------------------------------------------------------
Importer notifies NHTSA that   E.......       10          $89.88          $14.98          $92.64          $15.44
 vehicle conformance
 obligations are met.
Prepare memo requesting check  E.......       10          $89.88          $14.98          $92.64          $15.44
 to importer.
Withdraw funds from bank by    E.......       60          $89.88          $89.88          $92.64           92.64
 check.
Deliver check................  E.......        5          $89.88           $7.49          $92.64           $7.72
Notify NHTSA Finance Director  E.......        5          $89.88           $7.49          $92.64           $7.72
Prepare letter with check      E.......       10          $89.88          $14.98          $92.64          $15.44
 enclosure.
Mail letter and check to       ........  .......  ..............         postage  ..............         postage
 importer.
Review monthly bank            E.......        5          $89.88           $7.49          $92.64           $7.72
 statements.
                                                                 ----------------                ---------------
    Subtotal.................  ........  .......  ..............         $157.30  ..............         $162.13
*Staff Notes: (C) is
 contractor and (E) is
 employee.
----------------------------------------------------------------------------------------------------------------
                                        Other Direct Costs
----------------------------------------------------------------------------------------------------------------

                                           Time
              Direct costs                Mins.     FY 07 Rate      FY 07 Cost      FY 08 Rate      FY 08 Cost
----------------------------------------------------------------------------------------------------------------
Computer and Computer Maintenance......       85        $1.86/hr         $158.10        $1.86/hr         $158.10
Postage................................  .......           $3.00           $3.00           $3.00           $3.00
Toll Calls (3).........................  .......           $1.92           $5.75           $1.92           $5.75
                                                                 ----------------                ---------------
    Subtotal...........................  .......  ..............         $166.85  ..............         $166.85
================================================================================================================
Subtotals:
    Subtotal...........................  .......  ..............         $260.84  ..............         $268.80
    Subtotal...........................  .......  ..............         $157.30  ..............         $162.13
    Subtotal...........................  .......  ..............         $166.85  ..............         $166.85
                                                                 ----------------                ---------------
        Total..........................  .......  ..............         $584.99  ..............         $597.78
----------------------------------------------------------------------------------------------------------------

Rulemaking Analyses

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, ``Regulatory Planning and Review'' (58 FR
51735, October 4, 1993), provides for making determinations as to
whether a regulatory action is ``significant'' and therefore subject to
Office of Management and Budget (OMB) review and subject to the
requirements of the Executive Order. The Order defines a ``significant
regulatory action'' as one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
    (2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
    (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
    NHTSA has considered the impact of this rulemaking action under
Executive Order 12866 and the Department of Transportation's regulatory
policies and procedures. This rulemaking is not significant.
Accordingly, the Office of Management and Budget has not reviewed this
rulemaking document under Executive Order 12886. Further, NHTSA has
determined that the rulemaking is not significant under

Department of Transportation's regulatory policies and procedures.
Based on the level of the fees and the volume of affected vehicles,
NHTSA currently anticipates that the costs of the final rule would be
so minimal as not to warrant preparation of a full regulatory
evaluation. The action does not involve any substantial public interest
or controversy. There would be no substantial effect upon State and
local governments. There would be no substantial impact upon a major
transportation safety program. A regulatory evaluation analyzing the
economic impact of the final rule establishing the RI program, adopted
on September 29, 1989, was prepared, and is available for review in the
docket.

B. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of proposed rulemaking for any proposed or final rule, it must prepare
and make available for public comment a regulatory flexibility analysis
that describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
The Small Business Administration's regulations at 13 CFR part 121
define a small business, in part, as a business entity ``which operates
primarily within the United States.'' See 13 CFR 121.105(a). No
regulatory flexibility analysis is required if the head of an agency
certifies that the rule would not have a significant economic impact on
a substantial number of small entities. The SBREFA amended the
Regulatory Flexibility Act to require Federal agencies to provide a
statement of the factual basis for certifying that a rule would not
have a significant economic impact on a substantial number of small
entities.
    The agency has considered the effects of this proposed rulemaking
under the Regulatory Flexibility Act, and certifies that if the
proposed amendments are adopted they would not have a significant
economic impact upon a substantial number of small entities.
    The following is NHTSA's statement providing the factual basis for
the certification (5 U.S.C. 605(b)). The proposed amendment would
primarily affect entities that currently modify nonconforming vehicles
and which are small businesses within the meaning of the Regulatory
Flexibility Act. Of the 73 such entities that are currently licensed
with NHTSA, only several have furnished the agency with cash deposits
in lieu of sureties on DOT conformance bonds. Despite the fact that
they qualify as small businesses, the agency has no reason to believe
that these companies would be unable to pay the fee proposed by this
action. Moreover, consistent with prevailing industry practices, the
fee should be passed through to the ultimate purchasers of any vehicle
for which a cash deposit in lieu of sureties is given to the agency.
The cost to owners or purchasers of these vehicles may be expected to
increase to the extent necessary to reimburse the RI for the fee
payable to the agency for the cost of processing a cash deposit.
    Governmental jurisdictions would not be affected at all since they
are generally neither importers nor purchasers of nonconforming motor
vehicles.

C. Executive Order 13132 (Federalism)

    Executive Order 13132 on ``Federalism'' requires NHTSA to develop
an accountable process to ensure ``meaningful and timely input by State
and local officials in the development of regulatory policies that have
Federalism implications.'' Executive Order 13132 defines the term
``policies that have federalism implications'' to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' Under Executive Order 13132, NHTSA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or NHTSA
consults with State and local officials early in the process of
developing the proposed regulation.
    The proposed rule would not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government as specified in Executive Order 13132.
Thus, the requirements of section 6 of the Executive Order do not apply
to this rulemaking action.

D. National Environmental Policy Act

    NHTSA has analyzed this action for purposes of the National
Environmental Policy Act. The action would not have a significant
effect upon the environment because it is anticipated that the annual
volume of motor vehicles imported through RIs would not vary
significantly from that existing before promulgation of the rule.

E. Executive Order 12988 (Civil Justice Reform)

    Pursuant to Executive Order 12988 ``Civil Justice Reform,'' this
agency has considered whether this proposed rule would have any
retroactive effect. NHTSA concludes that this proposed rule would not
have any retroactive effect. Judicial review of a rule based on this
proposal may be obtained pursuant to 5 U.S.C. 702. That section does
not require that a petition for reconsideration be filed prior to
seeking judicial review.

F. Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of more
than $100 million annually (adjusted for inflation with the base year
of 1995). Before promulgating a rule for which a written assessment is
needed, Section 205 of the UMRA generally requires NHTSA to identify
and consider a reasonable number of regulatory alternatives and to
adopt the least costly, most cost-effective, or least burdensome
alternative that achieves the objectives of the rule. The provisions of
Section 205 do not apply when they are inconsistent with applicable
law. Moreover, Section 205 allows NHTSA to adopt an alternative other
than the least costly, most cost-effective or least burdensome
alternative if the agency publishes with the final rule an explanation
why that alternative was not adopted. Because a final rule based on
this proposal would not require the expenditure of resources beyond
$100 million annually, this action is not subject to the requirements
of Sections 202 and 205 of the UMRA.

G. Plain Language

    Executive Order 12866 and the President's memorandum of June 1,
1998, require each agency to write all rules in plain language.
Application of the principles of plain language includes consideration
of the following questions:

--Have we organized the material to suit the public's needs?
--Are the requirements in the proposed rule clearly stated?

--Does the proposed rule contain technical language or jargon that is
unclear?
--Would a different format (grouping and order of sections, use of
heading, paragraphing) make the rule easier to understand?
--Would more (but shorter) sections be better?
--Could we improve clarity by adding tables, lists, or diagrams?
--What else could we do to make the rule easier to understand?

    If you have any responses to these questions, please include them
in your comments on this document.

H. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995, a person is not required
to respond to a collection of information by a Federal agency unless
the collection displays a valid OMB control number. This proposal would
require no information collections.

I. Executive Order 13045

    Executive Order 13045 applies to any rule that (1) is determined to
be ``economically significant'' as defined under E.O. 12866, and (2)
concerns an environmental, health, or safety risk that NHTSA has reason
to believe may have a disproportionate effect on children. If the
regulatory action meets both criteria, we must evaluate the
environmental health or safety effects of the planned rule on children,
and explain why the planned rule is preferable to other potentially
effective and reasonably feasible alternatives considered by us. This
rulemaking is not economically significant.

J. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272)
directs NHTSA to use voluntary consensus standards in its regulatory
activities unless doing so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies, such as the Society of Automotive
Engineers (SAE). The NTTAA directs the agency to provide Congress,
through the OMB, explanations when we decide not to use available and
applicable voluntary consensus standards.
    After conducting a search of available sources, we have concluded
that there are no voluntary consensus standards applicable to this
proposed rule.

K. Public Participation

How Do I Prepare and Submit Comments?
    Your comments must be written in English. To ensure that your
comments are correctly filed in the Docket, please include the docket
number of this document in your comments.
    Your comments must not be more than 15 pages long (49 CFR 553.21).
We established this limit to encourage you to write your primary
comments in a concise fashion. However, you may attach necessary
additional documents to your comments. There is no limit on the length
of the attachments.
    Please submit two copies of your comments, including the
attachments, to Docket Management identified at the beginning of this
document, under ADDRESSES.
How Can I Be Sure That My Comments Were Received?
    If you wish Docket Management to notify you upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope containing your comments. Upon receiving your comments, Docket
Management will return the postcard by mail.
How Do I Submit Confidential Business Information?
    If you wish to submit any information under a claim of
confidentiality, you should submit three copies of your complete
submission, including the information you claim to be confidential
business information, to the Chief Counsel, NHTSA, at the address given
at the beginning of this document under FOR FURTHER INFORMATION
CONTACT. In addition, you should submit two copies from which you have
deleted the claimed confidential business information, to Docket
Management at the address given at the beginning of this document under
ADDRESSES. When you send a comment containing information claimed to be
confidential business information, you should include a cover letter
setting forth the information specified in our confidential business
information regulation, 49 CFR, part 512.
Will the Agency Consider Late Comments?
    We will consider all comments that Docket Management receives
before the close of business on the comment closing date identified at
the beginning of this notice under DATES. To the extent possible, we
will also consider comments that Docket Management receives after that
date. If Docket Management receives a comment too late for us to
consider in developing a final rule, we will consider that comment as
an informal suggestion for future rulemaking action.
How Can I Read the Comments Submitted by Other People?
    You may read the comments received by Docket Management at the
address and times given at the beginning of this document under
ADDRESSES.
    You may also see the comments on the Internet. To read the comments
on the Internet, take the following steps:
    (1) Go to the Federal Docket Management System (FDMS) Web page
http://www.regulations.gov.

    (2) On that page, click on ``search for dockets.''
    (3) On the next page (http://www.regulations.gov/fdmspublic/component/main
), select NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

from the drop-down menu in the Agency field, enter the Docket ID number
and title shown at the heading of this document, and select
``RULEMAKING'' from the drop-down menu in the Type field.
    (4) After entering that information, click on ``submit.''
    (5) The next page contains docket summary information for the
docket you selected. Click on the comments you wish to see. You may
download the comments. Although the comments are imaged documents,
instead of the word processing documents, the ``pdf'' versions of the
documents are word searchable. Please note that even after the comment
closing date, we will continue to file relevant information in the
Docket as it becomes available. Further, some people may submit late
comments. Accordingly, we recommend that you periodically search the
Docket for new material.

L. Regulation Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN that appears in the heading on the first page of this
document to find this action in the Unified Agenda.
    In consideration of the foregoing, NHTSA proposes to amend 49 CFR
part 594 as follows:

List of Subjects in 49 CFR Part 594

    Administrative practice and procedure, Imports, Motor vehicle
safety, Motor vehicles.

    In consideration of the foregoing, the agency proposes to amend
part 594 in Title 49 of the Code of Federal Regulations as follows:

PART 594--SCHEDULE OF FEES AUTHORIZED BY 49 U.S.C. 30141

    1. The authority citation for part 594 continues to read as
follows:

    Authority: 49 U.S.C. 30141, 31 U.S.C. 9701; delegation of
authority at 49 CFR 1.50.

    2. Section 594.9 is amended by;
    a. Revising the section heading;
    b. Adding paragraph (d); and
    c. Adding paragraph (e); to read as follows:

Sec.  594.9  Fee for reimbursement of bond processing costs and costs
for processing offers of cash deposits or obligations of the United
States in lieu of sureties on bonds.

* * * * *
    (d) Each importer must pay a fee based upon the direct and indirect
costs the agency incurs for receipt, processing, handling, and
disbursement of cash deposits or obligations of the United States in
lieu of sureties on bonds that the importer submits as authorized by
591.10 of this chapter in lieu of a conformance bond required under
591.6(c).
    (e) The fee for each vehicle imported on and after October 1, 2008,
for which cash deposits or obligations of the United States is
furnished in lieu of a conformance bond, is $598.00.
* * * * *

    Issued on: November 13, 2007.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
 [FR Doc. E7-22532 Filed 11-20-07; 8:45 am]

BILLING CODE 4910-59-P