DOT 49 CFR PART 594-2010 SCHEDULE OF FEES AUTHORIZED BY 49 U S C 30141.pdf

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1、347 Natl Highway Traffic Safety Admin., DOT 594.5 VEHICLES MANUFACTURED FOR OTHER THAN THE CANADIAN MARKETContinued Make Model type(s) Body Model year(s) VSP VSA VCP Yamaha (MC) . FJR1300 . 2002 23 Yamaha (MC) . R1 . 2000 360 Yamaha (MC) . Virago . 19901998 301 75 FR 57398, Sept. 21, 2010 PART 594SC

2、HEDULE OF FEES AUTHORIZED BY 49 U.S.C. 30141 Sec. 594.1 Scope. 594.2 Purpose. 594.3 Applicability. 594.4 Definitions. 594.5 Establishment and payment of fees. 594.6 Annual fee for administration of the registration program. 594.7 Fee for filing petitions for a deter-mination whether a vehicle is eli

3、gible for importation. 594.8 Fee for importing a vehicle pursuant to a determination by the Administrator. 594.9 Fee for reimbursement of bond proc-essing costs and costs for processing of-fers of cash deposits or obligations of the United States in lieu of sureties on bonds. 594.10 Fee for review a

4、nd processing of con-formity certificate. AUTHORITY: 49 U.S.C. 30141, 31 U.S.C. 9701; delegation of authority at 49 CFR 1.50. SOURCE: 54 FR 40107, Sept. 29, 1989, unless otherwise noted. 594.1 Scope. This part establishes the fees author-ized by 49 U.S.C. 30141. 61 FR 51045, Sept. 30, 1996 594.2 Pur

5、pose. The purposes of this part is to ensure that NHTSA is reimbursed for costs in-curred in administering the importer registration program, in making deter-minations whether a nonconforming vehicle is eligible for importation into the United States, and in processing the bond furnished to the Secr

6、etary of the Treasury given to ensure that an imported vehicle not originally manu-factured to conform to all applicable Federal motor vehicle safety standards is brought into compliance with the safety standards, or will be exported, or abandoned to the United States. 594.3 Applicability. This part

7、 applies to any person who applies to NHTSA to be granted the status of Registered Importer under part 592 of this chapter, to any person who has been granted such status, to any manufacturer not a Registered Im-porter who petitions the Administrator for a determination pursuant to part 593 of this

8、chapter, and to any person who imports a motor vehicle into the United States pursuant to such deter-mination. 55 FR 40667, Oct. 4, 1990 594.4 Definitions. All terms used in this part that are defined in 49 U.S.C. 30102 are used as defined in that section. Administrator means the Adminis-trator of t

9、he National Highway Traffic Safety Administration. NHTSA means the National Highway Traffic Safety Administration. Registered Importer means any person who has been granted the status of reg-istered importer under part 592 of this chapter, and whose registration has not been revoked. 54 FR 40107, Se

10、pt. 29, 1989, as amended at 61 FR 51045, Sept. 30, 1996 594.5 Establishment and payment of fees. (a) The fees established by this part continue in effect until adjusted by the Administrator. The Administrator re-views the amount or rate of fees estab-lished under this part and, if appro-priate, adju

11、sts them by rule at least every 2 years. (b) The fees applicable in any fiscal year are established before the begin-ning of such year. Each fee is cal-culated in accordance with this part, and is published in the FEDERAL REG-ISTER not later than September 30 of each year. (c) An applicant for statu

12、s as Reg-istered Importer shall submit an initial VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00357 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-348 49 CFR

13、Ch. V (10110 Edition) 594.6 annual fee with the application. A Reg-istered Importer shall pay an annual fee not later than October 31 of each year. The fee is that specified in 594.6(i). (d) A person who petitions the Ad-ministrator for a determination that a vehicle is eligible for importation shal

14、l file with the petition the fee specified in 594.7(e). (e) No application or petition will be accepted for filing or processed before payment of the full amount specified. Except as provided in 594.6(d), a fee shall be paid irrespective of NHTSAs disposition of the application, or of a withdrawal o

15、f an application. (f) The Administrator will furnish each Registered Importer with a monthly invoice of the fees owed by the Registered Importer for reimburse-ment for bond processing costs and for the review and processing of con-formity certificates and information regarding importation of motor v

16、ehi-cles as provided in Section 592.4 of this chapter. A person who for personal use imports a vehicle covered by a deter-mination of the Administrator must pay the fee specified in either 594.8(b) or (c), as appropriate, to the Registered Importer, and the invoice will also in-clude these fees. The

17、 Registered Im-porter must pay the fees within 15 days of the date of the invoice. (g) Fee payments must be by cer-tified check, cashiers check, money order, credit card, or Electronic Funds Transfer System, made payable to the Treasurer of the United States. 54 FR 40107, Sept. 29, 1989, as amended

18、at 55 FR 40667, Oct. 4, 1990; 62 FR 50882, Sept. 29, 1997; 69 FR 52100, Aug. 24, 2004 594.6 Annual fee for administration of the registration program. (a) Each person filing an application to be granted the status of a Registered Importer pursuant to part 592 of this chapter on or after October 1, 2

19、010, must pay an annual fee of $795, as cal-culated below, based upon the direct and indirect costs attributable to: (1) Processing and acting upon such application; (2) Any inspection deemed required for a determination upon such applica-tion; (3) The estimated remaining activi-ties of administerin

20、g the registration program in the fiscal year in which such application is intended to become effective. (b) That portion of the initial annual fee attributable to the processing of the application for applications filed on and after October 1, 2010, is $320. The sum of $320, representing this porti

21、on, shall not be refundable if the applica-tion is denied or withdrawn. (c) If, in order to make a determina-tion upon an application, NHTSA must make an inspection of the applicants facilities, NHTSA notifies the appli-cant in writing after the conclusion of any such inspection, that a supplement t

22、o the initial annual fee in a stated amount is due upon receipt of such no-tice to recover the direct and indirect costs associated with such inspection and notification, and that no deter-mination will be made upon the appli-cation until such sum is received. Such sum is not refundable if the appli

23、cation is denied or withdrawn. (d) That portion of the initial annual fee attributable to the remaining ac-tivities of administering the registra-tion program on and after October 1, 2010, is set forth in paragraph (i) of this section. This portion shall be refund-able if the application is denied,

24、or withdrawn before final action upon it. (e) Each Registered Importer who wishes to maintain the status of Reg-istered Importer shall pay a regular an-nual fee based upon the direct and indi-rect costs of administering the reg-istration program, including the sus-pension and reinstatement, and revo

25、ca-tion of such registration. (f) The elements of administering the registration program that are included in the regular annual fee are: (1) Calculating, revising, and pub-lishing the fees to apply in the next fis-cal year, including such coordination as may be required with the U.S. Cus-toms Servi

26、ce. (2) Processing and reviewing the an-nual statement attesting to the fact that no material change has occurred in the Registered Importers status since filing its original application. (3) Processing the annual fee. VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00358 Fmt 8010 Sfmt 80

27、10 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-349 Natl Highway Traffic Safety Admin., DOT 594.7 (4) Processing and reviewing any amendments to an annual statement received in the course of

28、 a fiscal year. (5) Verifying through inspection or otherwise that a Registered Importer is complying with the requirements of Sec. 592.6(b)(3) of this chapter for rec-ordkeeping. (6) Verifying through inspection or otherwise that a Registered Importer is able technically and financially to carry ou

29、t its responsibilities pursuant to 49 U.S.C. 30118 et seq. (7) Invoking procedures for suspen-sion of registration and its reinstate-ment, and for revocation of registra-tion pursuant to Sec. 592.7 of this chap-ter. (g) The direct costs included in estab-lishing the annual fee for maintaining regist

30、ered importer status are the esti-mated costs of professional and clerical staff time, computer and computer op-erator time, and postage, per Reg-istered Importer. The direct costs in-cluded in establishing the annual fee for a specific Registered Importer are costs of transportation and per diem at

31、-tributable to inspections conducted with respect to that Registered Im-porter in administering the registra-tion program, which have not been in-cluded in a previous annual fee. (h) The indirect costs included in es-tablishing the annual fee for maintain-ing Registered Importer status are a pro rat

32、a allocation of the average sal-ary and benefits of persons employed in processing annual statements, or changes thereto, in recommending con-tinuation of Registered Importer sta-tus, and a pro rata allocation of the costs attributable to maintaining the office space, and the computer or word proces

33、sor. This cost is $20.67 per man- hour for the period beginning October 1, 2010. (i) Based upon the elements and indi-rect costs of paragraphs (f), (g), and (h) of this section, the component of the initial annual fee attributable to ad-ministration of the registration pro-gram, covering the period

34、beginning October 1, 2010, is $475. When added to the costs of registration of $320, as set forth in paragraph (b) of this section, the costs per applicant to be recovered through the annual fee are $795. The annual renewal registration fee for the period beginning October 1, 2010, is $670. 54 FR 40

35、107, Sept. 29, 1989; 55 FR 78, Jan. 2, 1990, as amended at 55 FR 40667, Oct. 4, 1990; 56 FR 49429, Sept. 30, 1991; 58 FR 51023, Sept. 30, 1993; 61 FR 51045, Sept. 30, 1996; 63 FR 45185, Aug. 25, 1998; 65 FR 56500, Sept. 19, 2000; 67 FR 60599, Sept. 26, 2002; 67 FR 62897, Oct. 9, 2002; 69 FR 57873, S

36、ept. 28, 2004; 71 FR 43989, Aug. 3, 2006; 73 FR 54986, Sept. 24, 2008; 75 FR 48612, Aug. 11, 2010 594.7 Fee for filing petitions for a de-termination whether a vehicle is el-igible for importation. (a) Each manufacturer or registered importer who petitions NHTSA for a determination that (1) A noncon

37、forming vehicle is sub-stantially similar to a vehicle origi-nally manufactured for importation into and sale in the United States and of the same model year as the model for which petition is made, and is capa-ble of being readily modified to con-form to all applicable Federal motor vehicle safety

38、standards, or (2) A nonconforming vehicle has safe-ty features that comply with or are ca-pable of being modified to comply with all applicable Federal motor vehicle safety standards, shall pay a fee based upon the direct and indirect costs of processing and acting upon such petition. (b) The direct

39、 costs attributable to processing a petition filed pursuant to paragraph (a) of this section include the average cost per professional staff- hour, computer and computer operator time, and postage. The direct costs also include those attributable to any in-spection of a vehicle requested by a pe-tit

40、ioner in substantiation of its peti-tion. (c) The indirect costs attributable to processing and acting upon a petition filed pursuant to paragraph (a) of this section include a pro rata allocation of the average salary and benefits of per-sons employed in processing the peti-tions and recommending d

41、ecisions on them, and a pro rata allocation of the costs attributable to maintaining the office space, and the computer or word processor. (d) The direct costs attributable to acting upon a petition filed pursuant to paragraph (a) of this section, also in-clude the cost of publishing a notice in Ver

42、Date Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00359 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-350 49 CFR Ch. V (10110 Edition) 594.8 the FEDERAL REGISTER seek

43、ing public comment, the cost of publishing a sec-ond notice with the agencys deter-mination, and a pro rata share of the cost of publishing an annual list of nonconforming vehicles determined to be eligible for importation. (e) For petitions filed on and after October 1, 2010, the fee payable for se

44、eking a determination under para-graph (a)(1) of this section is $175. The fee payable for a petition seeking a de-termination under paragraph (a)(2) of this section is $800. If the petitioner re-quests an inspection of a vehicle, the sum of $827 shall be added to such fee. No portion of this fee is

45、 refundable if the petition is withdrawn or denied. (f) In adopting a fee for the next fis-cal year, the Administrator employs data based upon the cost of determina-tions and the amount of fees received for the 12-month period ending June 30 of the fiscal year preceding that fiscal year. 54 FR 40107

46、, Sept. 29, 1989, as amended at 55 FR 40667, Oct. 4, 1990; 56 FR 49429, Sept. 30, 1991; 58 FR 51023, Sept. 30, 1993; 61 FR 51045, Sept. 30, 1996; 65 FR 56500, Sept. 19, 2000; 67 FR 60599, Sept. 26, 2002; 69 FR 57873, Sept. 28, 2004; 71 FR 43990, Aug. 3, 2006; 73 FR 54986, Sept. 24, 2008; 75 FR 48613

47、, Aug. 11, 2010 594.8 Fee for importing a vehicle pursuant to a determination by the Administrator. (a) A fee as specified in paragraphs (b) and (c) of this section shall be paid by each importer of a vehicle covered by a determination made under part 593 of this chapter to cover the direct and indi

48、rect costs incurred by NHTSA in making such determinations. (b) If a determination has been made pursuant to a petition, the fee for each vehicle is $158. The direct and indirect costs that determine the fee are those set forth in 594.7(b), (c), and (d). (c) If a determination has been made on or af

49、ter October 1, 2010, pursuant to the Administrators initiative, the fee for each vehicle is $125. The direct and indirect costs that determine the fee are those set forth in 594.7(b), (c), and (d), and references to petition shall be understood as relating to NHTSAs documents that serve as a basis for ini-tiating determinations on its own ini-tiative. 55 FR 40667, Oct. 4, 1990, as amended at 58 FR 51023, Sept. 30, 1993; 61 FR 51045, Se