49 U.S.C. § 32913 : US Code - Section 32913: Compromising and remitting civil penalties

Search 49 U.S.C. § 32913 : US Code - Section 32913: Compromising and remitting civil penalties

(a) General Authority and Limitations. - The Secretary of
Transportation may compromise or remit the amount of a civil
penalty imposed under section 32912(a) or (b) of this title.
However, the amount of a penalty imposed under section 32912(b) may
be compromised or remitted only to the extent -
(1) necessary to prevent the insolvency or bankruptcy of the
manufacturer of automobiles;
(2) the manufacturer shows that the violation was caused by an
act of God, a strike, or a fire; or
(3) the Federal Trade Commission certifies under subsection
(b)(1) of this section that a reduction in the penalty is
necessary to prevent a substantial lessening of competition.
(b) Certification by Commission. - (1) A manufacturer liable for
a civil penalty under section 32912(b) of this title may apply to
the Commission for a certification that a reduction in the penalty
is necessary to prevent a substantial lessening of competition in
the segment of the motor vehicle industry subject to the standard
that was violated. The Commission shall make the certification when
it finds that reduction is necessary to prevent the lessening. The
Commission shall state in the certification the maximum amount by
which the penalty may be reduced.
(2) An application under this subsection must be made not later
than 30 days after the Secretary decides that the manufacturer has
violated section 32911(b) of this title. To the maximum extent
practicable, the Commission shall make a decision on an application
by the 90th day after the application is filed. A proceeding under
this subsection may not delay the manufacturer's liability for the
penalty for more than 90 days after the application is filed.
(3) When a civil penalty is collected in a civil action under
this chapter before a decision of the Commission under this
subsection is final, the payment shall be paid to the court in
which the action was brought. The court shall deposit the payment
in the general fund of the Treasury on the 90th day after the
decision of the Commission becomes final. When the court is holding
payment of a penalty reduced under subsection (a)(3) of this
section, the Secretary shall direct the court to remit the
appropriate amount of the penalty to the manufacturer.