[Federal Register: January 9, 2003 (Volume 68, Number 6)]
[Rules and Regulations]
[Page 1341-1346]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ja03-10]
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Part IV
Department of Transportation
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Research and Special Programs Administration
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49 CFR Part 107
Hazardous Materials: Temporary Reduction of Registration Fees; Final
Rule
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Part 107
[Docket No. RSPA-00-8439 (HM-208D)]
RIN 2137-AD53
Hazardous Materials: Temporary Reduction of Registration Fees
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule.
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SUMMARY: RSPA is reducing the registration fees paid by persons who
transport or offer for transportation in commerce certain categories
and quantities of hazardous materials, in order to eliminate the
unexpended balance in the Hazardous Materials Emergency Preparedness
Grants Fund. RSPA is also revising its regulations to provide that a
not-for-profit organization will pay the same registration fee as a
small business.
EFFECTIVE DATE: March 3, 2003.
FOR FURTHER INFORMATION CONTACT: Mr. David Donaldson, Office of
Hazardous Materials Planning and Analysis, (202) 366-4484, or Ms.
Deborah Boothe, Office of Hazardous Materials Standards, (202) 366-
8553, Research and Special Programs Administration, U.S. Department of
Transportation, 400 Seventh Street, SW., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
I. Background
Since 1992, the Research and Special Programs Administration (RSPA)
has conducted a National registration program for persons who offer for
transportation or transport certain hazardous materials in intrastate,
interstate, or foreign commerce, under the mandate in 49 U.S.C. 5108.
The purposes of the registration program are to (1) gather information
about the transportation of hazardous material and (2) fund the
Hazardous Materials Emergency Preparedness (HMEP) grants program that
supports hazardous material emergency response planning and training
activities by States, local governments, and Indian tribes and related
activities. See 49 U.S.C. 5108(b), 5116. The law gives RSPA discretion
to require additional persons to register, beyond those offerors and
transporters of the categories and quantities of hazardous materials
listed in 49 U.S.C. 5108(a)(1), and to set the annual registration fee
between $250 and $5,000. See 49 U.S.C. 5108(a)(2), 5108(g)(2)(A).
Until 2000, only those persons who offered or transported the
categories and quantities of hazardous materials set forth in Sec.
5108(a)(1) were required to register, and the annual registration fee
was set at the minimum level of $250 (plus a processing fee of $50). In
each year through the July 1, 1999-June 30, 2000 registration year, the
total registration fees collected by RSPA amounted to less than one-
half of the total $14.3 million intended by Congress for training and
planning grants and grant-related activities.
In a final rule published in the Federal Register (65 FR 7297) on
February 14, 2000, RSPA expanded the base of registrants and adopted a
two-tiered fee schedule under which the registration fee was set at
$275 for a person meeting the Small Business Administration (SBA)
criteria for a small business, and $1,975 for other persons (plus a $25
processing fee in all cases). A greater-than-anticipated number of
persons has paid the higher registration fee applicable to a larger
business. As a result, RSPA has collected more than $21 million in each
registration year since 2000. These collections have created a surplus
(unexpended balance) in the HMEP Fund because the current annual grants
program obligations are limited to the $14.3 million designated by
Congress. Section 5108(g)(2)(B) of 49 U.S.C. requires RSPA to adjust
the amount being collected ``to reflect any unexpended balance'' in the
HMEP Fund. Therefore, on December 7, 2000, we published a notice of
proposed rulemaking (NPRM) in this docket proposing to temporarily
lower the registration fee for all registrants for six registration
years to $250 (plus a $25 processing fee) for small businesses and $475
(plus a $25 processing fee) for all other persons. 65 FR 76890. In
addition, we proposed to specify that a not-for-profit organization
(regardless of its size) pay the same fee as a small business; to
reflect SBA's replacement of the Standard Industrial Classification
(SIC) code system with the North American Industry Classification
System (NAICS), and to allow payment by credit cards not previously
authorized.
On September 16, 2002, RSPA published a final rule under Docket HM-
208E (67 FR 58343) adopting the NAICS codes, allowing payment methods
not previously authorized, and permitting registration via the
Internet. However, we have delayed taking final action on the fee-
related proposals in the December 7, 2000 NPRM because our budget
requests to Congress for FY 2002 and FY 2003 proposed to fund a portion
of RSPA's hazardous materials safety program from the excess
registration fees (above the $14.3 million specified to be used for
training and planning grants and grant-related activities). See the
status documents we published in the Federal Register on May 2, 2001
(66 FR 22080), and March 14, 2002 (67 FR 11456). Since these proposals
were not adopted by Congress in the FY 2002 DOT appropriations and the
FY 2003 DOT appropriations bill is pending, we are now taking final
action on the fee-related proposals in the December 7, 2000 NPRM.
II. Discussion of Comments and Regulatory Changes
A. General
RSPA received approximately 20 written comments to the December 7,
2000 NPRM. The commenters included representatives of organizations and
individuals engaged in all modes of transportation of hazardous
materials, agricultural retailers, petroleum marketers and
distributors, chemical manufacturers, and industry associations
representing a broad spectrum of businesses that transport or offer for
transport hazardous materials.
B. Reduction of Registration Fees
Commenters supported reduction of the registration fees. However,
some commenters opposed certain aspects of RSPA's proposal. Some
commenters stated that RSPA should return to a single flat fee system
or eliminate the requirement that a person must register if it offers
or transports a quantity of hazardous materials required to be
placarded.
For example, the American Trucking Associations (ATA) stated that
it supports ``the efforts of RSPA to adjust and refund registration
fees in order to comply with statutory limits set forth in the HMTL,''
but it ``still disagree[s] with the need for a two-tiered registration
fee.'' National Tank Truck Carriers (NTTC) also ``continues to believe
that RSPA should reinstate a ``single fee'' system (as opposed to the
proposed two-tiered structure).''
The Petroleum Marketers Association of America (PMAA) stated that
RSPA ``should revise the registration criteria by temporarily
eliminating the requirement that all persons who offer for
transportation or transport hazardous materials required to be
placarded be registered. However, if the agency will not eliminate this
particular group of registrants from the fee requirement, PMAA believes
that
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temporarily reducing the registration fee for all persons required to
register is the best solution in eliminating the unexpended balance.''
The Fertilizer Institute (TFI) suggested that ``RSPA consider
capping the registration fee at $700 for other than small businesses,
while leaving small business entities, minus the farm sector, at the
current $250.'' TFI also urged RSPA to eliminate the registration
requirement for a person who offers or transports hazardous materials
that require placarding. TFI suggested that if RSPA insisted that all
placarded loads require registration, then agricultural retailers and
farm cooperatives should be specifically exempted from the registration
requirement.
The Petroleum Transportation & Storage Association (PTSA) suggested
that RSPA eliminate the administrative fee for all registrants and the
registration fee for small cargo tanks under 3,500 gallons. PTSA urged
RSPA ``to use the unexpended funds to eliminate the annual registration
fee for these ultra small shippers.''
The National Propane Gas Association (NPGA) opposed the proposed
reduction in the registration fees as being a ``disproportionate fee
reduction for large businesses over small companies'' and adding
additional confusion for companies trying to learn and comply with the
registration requirements.
The International Sanitary Supply Association (ISSA) recommended
that RSPA: (1) Eliminate the surplus over a four-year instead of a six-
year period; (2) reduce the fees for small businesses to $150, and (3)
reduce the fees for other than small businesses to $1,180.
On July 1, 2002, fifteen industry associations filed a lawsuit in
the United States District Court for the District of Columbia asking
for an order prohibiting RSPA from collecting any additional
registration fees until RSPA adjusts the amount being collected to
eliminate the unexpended surplus in the registration fee account.
Counsel for plaintiffs in that lawsuit stated that 49 U.S.C.
5108(g)(2)(A) gives DOT the authority to go below the statutory minimum
when it is trying to reduce any unexpended balance.
In the final rule (Docket No. HM-208C) we concluded that the
registration program should: (1) Be simple, straightforward, and easily
implemented and enforced; (2) employ an equity factor that reflects the
differences between the risk imposed on the public by the business
activities of large and small businesses; (3) ensure the adequacy of
funding for the HMEP grants program; and (4) be consistent with the
law. See 65 FR 7303. We found that the most appropriate way to meet
these objectives was to expand the category of persons required to
register to include all persons who offer for transportation or
transport hazardous materials that require placarding (with a limited
exception for farmers) and to adopt a two-tiered fee schedule under
which persons meeting the SBA criteria for defining a small business
would pay a lower fee than larger businesses.
For all the reasons discussed in the February 14, 2000 final rule,
we still believe that the findings and conclusions discussed in that
rule are justified and, as far as possible, should be followed in
adjusting the registration fees to reduce the unexpended surplus in the
HMEP grants fund. Therefore, we disagree with suggestions that we
except from registration persons added in the 2000 final rule. The
present system, using the placarding requirement as a primary
determinant, is risk-based and facilitates enforcement--especially by
State and local enforcement personnel.
The recommendation that the processing fee be eliminated and
replaced by an increase in the grants fee for registrants that do not
meet the SBA standards for a small business did not take into
consideration that the costs of processing the registration statement
are not expenses authorized to be paid from the grants account. The
costs of administering the registration program are provided in the
Department's annual budget authorizations from General Treasury funds--
unlike the grants program expenses, which are statutorily authorized to
be paid from the grants account. Although the separate statutory
authority for the processing fee is permissive, it is the Department's
understanding that this permissive authority reflects Congressional
intent that the registration program costs be covered by collection of
that fee.
When the NPRM was published in December 2000, we estimated that the
unexpended balance in the grants fund was approximately $8.5 million
(65 FR 76890, December 7, 2000). Since that time, two further
collection cycles have occurred. The number of registrations received
during a fiscal year (including registrations for prior years and fees
paid in previous years for the current registration year) has remained
constant at approximately 41,000, as has the percentage of registrants
that have paid the larger business fee (approximately 15 percent). We
currently estimate that, as of October 1, 2002, the unexpended balance
in the grants fund was approximately $25 million.
Because of this increase in the unexpended balance, RSPA believes
that it is necessary to adopt reductions in the registration fees that
are even greater than originally proposed. Therefore, we are
temporarily (for three years) reducing the registration fee for small
businesses and non-profit organizations (regardless of their size) to
$125 (plus a $25 processing fee) and for all other registrants to $275
(plus a $25 processing fee). RSPA is able to set the fee level for
small businesses below the usual statutory minimum of $250 because the
minimum (49 U.S.C. 5108(g)(2)(A)) is subject to the requirement (49
U.S.C. 5108(g)(2)(B)) that the Secretary adjust the amount being
collected to reflect any unexpended balance.
Under this temporary fee system, we estimate that we will collect
approximately $6.0 million each fiscal year, thus decreasing the grants
fund balance by approximately $8.3 million a year. This estimate
depends on the number of persons registering for the current and prior
years remaining constant and the authorization for the HMEP grants
program remaining constant at $14.3 million per year. At this rate of
reduction, it will take about three years to deplete the surplus.
Therefore, RSPA is temporarily reducing the registration fee for three
years.
In the NPRM, we stated that we were not making a ``permanent''
change in registration fees because of uncertainty about the final
registration numbers. We also stated that, within three years of the
end of the proposed temporary six-year reduction in the registration
fees, RSPA would reevaluate the registration fees. Because we have had
three years under the new registration criteria and in order to ensure
that no unnecessary surplus is created, we are now revising
registration fee levels for the years after the period of temporary
reduction.
Applying the objectives stated in Docket HM-208C, RSPA has
determined that, beginning in registration year 2006-2007, small
businesses and non-profit organizations (regardless of their size)
should pay a registration fee of $250 (plus a $25 processing fee) and
all other persons required to register should pay a registration fee of
$975 (plus a $25 processing fee). Under this fee structure, we estimate
that we will collect approximately $14.5 million per year.
We recognize that, depending on many factors that may vary over the
years (including registrations received for prior years and unexpended
grant obligations), it may take more or less than three years to
deplete the current surplus. We also recognize that the fee structure
that would go into effect with the 2006-2007 registration year may
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need to be revised to avoid accumulating an unexpended balance.
Consequently, RSPA will reevaluate the account balance and the fee
levels, during the 2005-2006 registration year.
C. Not-for-Profit Organizations
We received comments in favor of and against the proposal to
establish the registration fee for not-for-profit organizations at the
same level as for small businesses. For example, ATA and PMAA supported
the proposal to designate all not-for-profit organizations as small
businesses. However, PMAA added that:
The definition for a not-for-profit organization should be
limited to 26 U.S.C. 501(c)(3) [because] many ``large businesses,''
including electric multistate cooperatives, are classified as not-
for-profit organizations. To reduce their fee to the same level as
the fee for small business would be unfair, since these particular
organizations compete with many small businesses.
In contrast, IME and NPGA opposed this proposal. IME stated that
``RSPA compounds the error of a fee based on business size by
suggesting that an organization's educational, religious, charitable
and other similar purposes should also be factored into the
determination of what is the appropriate contribution any registrant
should make to the HMEPG.''
NPGA stated, ``DOT should limit its definition of non-profit
organization solely to charitable organizations,'' and that, ``this
provision will have the effect of providing a competitive advantage in
the energy marketplace to rural electric cooperatives (RECs), many of
which sell propane and therefore operate contrary to the purposes for
which they were originally chartered.''
The SBA criteria for small business size standards apply to
business entities organized for profit. 13 CFR 121.105(a). Therefore,
non-profit organizations do not technically qualify as small
businesses. After the February 14, 2000 final rule was adopted, RSPA
applied SBA size criteria for appropriate SIC codes to non-profit
organizations. However, nearly all of the not-for-profit organizations
that are currently registered, which are mostly educational
institutions and hospitals, exceed the SBA size standards for a small
business.
To some extent, this may result from the SBA's focus on the
characteristics of for-profit businesses in establishing the size
standard for an industry group. In those infrequent instances where
not-for-profit organizations constitute a significant portion of an
industry group, the SBA may deliberately exclude the characteristics of
not-for-profit organizations when considering the appropriate size
standard. Because not-for-profit organizations generally are operated
for educational, religious, charitable and other similar purposes, RSPA
remains interested in helping them minimize their costs of operation
and believes that, in so doing, we are following a precedent
established by law in the exemption of such organizations from
taxation.
We considered the comments recommending narrower criteria for not-
for-profit organizations than proposed and concluded that our proposal
remains the most straightforward resolution for dealing with entities
that do not conform to SBA's criteria for a small business. To accept
the PMAA's recommendation to limit the definition of not-for-profit
organizations to those included in 26 U.S.C. 501(c)(3) or the NPGA's
recommendation to limit the definition solely to ``charitable
organizations'' would exclude organizations that the law exempts from
taxation because of their non-profit status. We recognize that by
providing a new fee category for not-for-profit organizations, some
relatively large organizations may pay a reduced fee in the future, but
RSPA considers the adoption of the proposed broader definition of not-
for-profit organizations as defined by U.S. law to be more easily
applied than any attempt to distinguish between types of non-profit
organizations. Even though it seems unlikely that many registering
organizations would be affected by the limitation of the definition to
26 U.S.C. 501(c)(3), we decided to retain the broader group included in
26 U.S.C. 501(a) and to adopt the proposal to establish a fee for all
not-for-profit organizations at the same level as that for small
businesses.
III. Refunds
In response to requests from industry, in the February 14, 2000
final rule (Docket No. HM-208C) RSPA amended the HMR to allow a person
to register for up to three years in one registration statement. 49 CFR
107.612(c), 65 FR at 7309-10. Approximately 4,550 advance registrations
for the 2003-2004 and 2004-2005 registration years have been received.
Refunds will be provided for registrations paid in advance for those
years at the higher fee levels in effect at the time of payment.
A letter will be sent approximately 45 days after the publication
of this final rule to each registrant that, on that date, is due a
refund for fees paid in advance for the 2003-2004 and 2004-2005
registration years. The letter will specify the amount of the refund
and will be accompanied by a Form W-9, Request for Taxpayer
Identification Number and Certification. The form must be submitted to
RSPA before a refund can be made. Registrants that have submitted
registrations including payment for the 2003-2004 and 2004-2005
registration years that do not receive a letter within this time frame
should contact the registration office at 202-366-4109. Refunds will be
made by checks issued by the U.S. Treasury after the Form W-9 is
submitted. Persons who later pay in advance for the 2003-2004 and 2004-
2005 registration years at the higher fee levels being reduced by this
rule will be similarly contacted for the purpose of providing refunds
for the overpayment.
Of the approximately 4,550 registrants due refunds, 4,250 small
businesses will receive refunds of $150 (3,050) or $300 (1,200), and
300 others will receive refunds of $1,700 (200) or $3,400 (100).
IV. Rulemaking Analysis and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is considered a significant regulatory action under
section 3(f) of Executive Order 12866 and, therefore, was subject to
formal review by the Office of Management and Budget. This rule is
considered significant under the Regulatory Policies and Procedures of
the Department of Transportation (44 FR 11034). RSPA has prepared a
regulatory evaluation that is available for review in the public
docket.
B. Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). The
registration requirements do not impair the ability of States, local
governments, or Indian tribes to impose their own fees or registration
or permit requirements on persons who offer or transport hazardous
materials in commerce. RSPA encourages States, local governments, and
Indian tribes to adopt and enforce requirements in the HMR and the
Federal registration requirement, in order to enhance compliance with a
nationally uniform set of regulations on the transportation of
hazardous materials.
The consultation and funding requirements of Executive Order 13132
do not apply because this rule does not adopt any regulation that:
(1) Has substantial direct effects on the States, the relationship
between the National government and the States, or the distribution of
power and
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responsibilities among the various levels of government;
(2) Imposes substantial direct compliance costs on State and local
governments; or
(3) Preempts State law.
C. Executive Order 13175
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this rule does
not have tribal implications, does not impose substantial direct
compliance costs and is required by statute, the funding and
consultation requirements of Executive Order 13175 do not apply.
D. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601-611) requires each
agency to analyze regulations and assess their impact on small
businesses and other small entities to determine whether the rule is
expected to have a significant impact on a substantial number of small
entities.
In the February 14, 2000 final rule in Docket No. HM-208C, RSPA
certified that that final rule did affect a significant number of small
entities, but that the economic impact on these small entities will not
be significant. 65 FR 7308-09. This final rule affects the same small
entities that Docket HM-208C did and, therefore, this final rule
affects a significant number of small entities. 65 FR 7307-09. Although
this final rule is providing a $150 reduction in the combined annual
fee that small businesses must pay, that reduction does not constitute
a significant economic impact on a substantial number of small
entities. Therefore, RSPA certifies that this final rule does not have
a significant economic impact on a substantial number of small
entities.
E. Unfunded Mandates Reform Act of 1995
This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$100 million or more, in the aggregate, to any of the following: State,
local, or Native American tribal governments, or the private sector.
F. Paperwork Reduction Act
Under 49 U.S.C. 5108(i), reporting and recordkeeping requirements
pertaining to the registration rule are specifically excepted from the
information management requirements of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.).
G. Environmental Assessment
The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4347) requires Federal agencies to consider the
consequences of major federal actions and prepare a detailed statement
on actions significantly affecting the quality of the human
environment. There are no significant environmental impacts associated
with this rule. The temporary reduction of registration fees will
continue to fund the HMEP grants program at the level recommended by
Congress, eliminate the surplus in a reasonable amount of time, and
continue the balance of equity established under Docket HM-208C. In
addition, this course of action will continue to fund the HMEP grants
program on a basis that is equitable, straightforward, enforceable, and
sound and will eliminate the surplus in the most expedient manner
possible. It will also permanently set the registration fees for the
years after the surplus is eliminated and will stop creation of any
unnecessary surplus. Reduction in the registration fees or elimination
of the current surplus in the registration fees fund has no potential
for environmental damage or contamination.
H. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned 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. The RIN number contained in the heading
of this document may be used to cross-reference this action with the
Unified Agenda.
List of Subjects in 49 CFR Part 107
Administrative practice and procedure, Hazardous materials
transportation, Packaging and containers, Penalties, Reporting and
recordkeeping requirements.
In consideration of the foregoing, 49 CFR Chapter I is amended as
follows:
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
1. The authority citation for part 107 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127, 44701; Sec. 212-213, Pub. L.
104-121, 110 Stat. 857; 49 CFR 1.45, 1.53.
2. In Sec. 107.612, the introductory text of paragraph (b) is
revised and new paragraphs (c) and (d) are added to read as follows:
Sec. 107.612 Amount of fee.
* * * * *
(b) Registration years 2000-2001, 2001-2002 and 2002-2003. For the
registration years 2000-2001, 2001-2002, and 2002-2003, each person
subject to the requirements of this subpart must pay an annual fee as
follows:
* * * * *
(c) Registration years 2003-2004, 2004-2005 and 2005-2006. For
registration years 2003-2004, 2004-2005, and 2005-2006, each person
subject to the requirements of this subpart must pay an annual
registration fee as follows:
(1) Small business. Each person that qualifies as a small business,
under criteria specified in 13 CFR part 121 applicable to the North
American Industry Classification System (NAICS) code that describes
that person's primary commercial activity, must pay an annual
registration fee of $125 and the processing fee required by paragraph
(c)(4) of this section.
(2) Not-for-profit organization. Each not-for-profit organization
must pay an annual registration fee of $125 and the processing fee
required by paragraph (c)(4) of this section. A not-for-profit
organization is an organization exempt from taxation under 26 U.S.C.
501(a).
(3) Other than a small business or not-for-profit organization.
Each person that does not meet the criteria specified in paragraph
(c)(1) or (c)(2) of this section must pay an annual registration fee of
$275 and the processing fee required by paragraph (c)(4) of this
section.
(4) Processing fee. The processing fee is $25 for each registration
statement filed. A single statement may be filed for one, two, or three
registration years as provided in Sec. 107.616(c).
(d) Registration years 2006-2007 and following. For each
registration year beginning with 2006-2007, each person subject to the
requirements of this subpart must pay an annual fee as follows:
(1) Small business. Each person that qualifies as a small business,
under criteria specified in 13 CFR part 121 applicable to the North
American Industry Classification System (NAICS) code that describes
that person's primary commercial activity, must pay an annual
registration fee of $250 and the processing fee required by paragraph
(d)(4) of this section.
(2) Not-for-profit organization. Each not-for-profit organization
must pay an annual registration fee of $250 and the processing fee
required by paragraph (d)(4) of this section. A not-for-profit
organization is an organization exempt from taxation under 26 U.S.C.
501(a).
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(3) Other than a small business or not-for-profit organization.
Each person that does not meet the criteria specified in paragraph
(d)(1) or (d)(2) of this section must pay an annual registration fee of
$975 and the processing fee required by paragraph (d)(4) of this
section.
(4) Processing fee. The processing fee is $25 for each registration
statement filed. A single statement may be filed for one, two, or three
registration years as provided in Sec. 107.616(c).
3. In Sec. 107.616, paragraph (d)(2) is revised to read as
follows:
Sec. 107.616 Payment procedures.
* * * * *
(d) * * *
(2) Pay a registration and processing fee as follows:
(i) For registration year 2002-2003, pay a registration fee of
$275, a processing fee of $25, and an expedited handling fee of $50.
The total fee is $350. Persons who do not meet the criteria for a small
business, as specified in Sec. 107.612(b)(1), must enclose an
additional registration fee payment of $1,700 with the expedited
follow-up material, for a total of $2,050 (registration fee--$1,975;
processing fee--$25; expedited handling fee--$50);
(ii) For registration years 2003-2004, 2004-2005, and 2005-2006,
pay a registration fee of $125, a processing fee of $25, and an
expedited handling fee of $50. The total fee is $200. Persons who do
not meet the criteria for a small business or are not a not-for-profit
organization, as specified in Sec. 107.612(c), must enclose an
additional registration fee payment of $150 with the expedited follow-
up material, for a total of $350 (registration fee--$275; processing
fee--$25; expedited handling fee--$50); and
(iii) For registration years beginning with 2006-2007, pay a
registration fee of $250, a processing fee of $25, and an expedited
handling fee of $50. The total fee is $325. Persons who do not meet the
criteria for a small business or are not a not-for-profit organization,
as specified in Sec. 107.612(d), must enclose an additional
registration fee payment of $725 with the expedited follow-up material,
for a total of $1,050 (registration fee--$975; processing fee--$25;
expedited handling fee--$50); and
* * * * *
Issued in Washington, DC, on January 6, 2003, under authority
delegated in 49 CFR Part 1.
Ellen G. Engleman,
Administrator.
[FR Doc. 03-436 Filed 1-8-03; 8:45 am]
BILLING CODE 4910-60-P