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DOT/NHTSA

RIN: 2127-AK10

Publication ID: Fall 2008

Title: Fee for Processing Cash Deposits To Ensure Conformance of Imported Nonconforming Vehicles
Abstract: This rulemaking would amend NHTSA´s regulations establishing fees authorized by 49 U.S.C. 30141 for the purpose of reimbursing the government for certain costs incurred in administering the vehicle importation program. Under section 30141 and it implementing regulations in 49 CFR Part 591, the importer of a motor vehicle that is not originally manufactured to conform to all applicable Federal motor vehicle safety standards must file with U.S. Customs and Border Protection (CBP) a Department of Transportation (DOT) conformance bond at the time the vehicle is offered for importation into the United States. The bond, which is in an amount equivalent to 150 percent of the entered value of the vehicle, is intended to ensure that the vehicle is brought into conformity with all applicable standards within 120 days from its date of entry or is exported from, or abandoned to, the United States. The bond must be underwritten by a surety that possesses a certificate of authority to underwrite Federal bonds. The regulations provide that 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. In recent years, importers who have been unable to obtain DOT conformance bonds underwritten by certificated sureties have increasingly resorted to furnishing NHTSA with cash deposits in lieu of sureties to permit the entry of nonconforming vehicles. The receipt, processing, handling, and disbursement of these cash deposits have caused the agency to consume a considerable amount of staff time and material resources. NHTSA believes it possesses authority under section 30141 to establish fees to recover the costs it incurs in handling these cash deposits. The agency is accordingly seeking to amend its regulations that prescribe fees authorized by section 30141 to include this new fee.
Agency: Department of Transportation(DOT)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 49 CFR 594
Legal Authority: 49 USC 30141 49 USC 322

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	11/21/2007	72 FR 65532
NPRM Comment Period End	01/07/2008
Final Rule	07/11/2008	73 FR 39890
Final Rule Effective	10/01/2008

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Information URL: www.regulations.gov	Public Comment URL: www.regulations.gov
RIN Data Printed in the FR: No
Agency Contact: Coleman R. Sachs Chief, Import and Certification Division, Office of Vehicle Safety Compliance Department of Transportation National Highway Traffic Safety Administration 1200 New Jersey Avenue, SE, Washington, DC 20590 Phone:202 366-3151 Fax:202 366-1024 Email: coleman.sachs@dot.gov