49 U.S.C. § 32912 : US Code - Section 32912: Civil penalties

Search 49 U.S.C. § 32912 : US Code - Section 32912: Civil penalties

(a) General Penalty. - A person that violates section 32911(a) of
this title is liable to the United States Government for a civil
penalty of not more than $10,000 for each violation. A separate
violation occurs for each day the violation continues.
(b) Penalty for Manufacturer Violations of Fuel Economy
Standards. - Except as provided in subsection (c) of this section,
a manufacturer that violates a standard prescribed for a model year
under section 32902 of this title is liable to the Government for a
civil penalty of $5 multiplied by each .1 of a mile a gallon by
which the applicable average fuel economy standard under that
section exceeds the average fuel economy -
(1) calculated under section 32904(a)(1)(A) or (B) of this
title for automobiles to which the standard applies manufactured
by the manufacturer during the model year;
(2) multiplied by the number of those automobiles; and
(3) reduced by the credits available to the manufacturer under
section 32903 of this title for the model year.
(c) Higher Penalty Amounts. - (1)(A) The Secretary of
Transportation shall prescribe by regulation a higher amount for
each .1 of a mile a gallon to be used in calculating a civil
penalty under subsection (b) of this section, if the Secretary
decides that the increase in the penalty -
(i) will result in, or substantially further, substantial
energy conservation for automobiles in model years in which the
increased penalty may be imposed; and
(ii) will not have a substantial deleterious impact on the
economy of the United States, a State, or a region of a State.
(B) The amount prescribed under subparagraph (A) of this
paragraph may not be more than $10 for each .1 of a mile a gallon.
(C) The Secretary may make a decision under subparagraph (A)(ii)
of this paragraph only when the Secretary decides that it is likely
that the increase in the penalty will not -
(i) cause a significant increase in unemployment in a State or
a region of a State;
(ii) adversely affect competition; or
(iii) cause a significant increase in automobile imports.
(D) A higher amount prescribed under subparagraph (A) of this
paragraph is effective for the model year beginning at least 18
months after the regulation stating the higher amount becomes
final.
(2) The Secretary shall publish in the Federal Register a
proposed regulation under this subsection and a statement of the
basis for the regulation and provide each manufacturer of
automobiles a copy of the proposed regulation and the statement.
The Secretary shall provide a period of at least 45 days for
written public comments on the proposed regulation. The Secretary
shall submit a copy of the proposed regulation to the Federal Trade
Commission and request the Commission to comment on the proposed
regulation within that period. After that period, the Secretary
shall give interested persons and the Commission an opportunity at
a public hearing to present oral information, views, and arguments
and to direct questions about disputed issues of material fact to -

(A) other interested persons making oral presentations;
(B) employees and contractors of the Government that made
written comments or an oral presentation or participated in the
development or consideration of the proposed regulation; and
(C) experts and consultants that provided information to a
person that the person includes, or refers to, in an oral
presentation.
(3) The Secretary may restrict the questions of an interested
person and the Commission when the Secretary decides that the
questions are duplicative or not likely to result in a timely and
effective resolution of the issues. A transcript shall be kept of a
public hearing under this subsection. A copy of the transcript and
written comments shall be available to the public at the cost of
reproduction.
(4) The Secretary shall publish a regulation prescribed under
this subsection in the Federal Register with the decisions required
under paragraph (1) of this subsection.
(5) An officer or employee of a department, agency, or
instrumentality of the Government violates section 1905 of title 18
by disclosing, except in an in camera proceeding by the Secretary
or a court, information -
(A) provided to the Secretary or the court during consideration
or review of a regulation prescribed under this subsection; and
(B) decided by the Secretary to be confidential under section
11(d) of the Energy Supply and Environmental Coordination Act of
1974 (15 U.S.C. 796(d)).
(d) Written Notice Requirement. - The Secretary shall impose a
penalty under this section by written notice.