Civil Penalties |
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O. Kevin Vincent
National Highway Traffic Safety Administration
September 7, 2012
[Federal Register Volume 77, Number 174 (Friday, September 7, 2012)]
[Proposed Rules]
[Pages 55175-55179]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22043]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 578
[Docket No. NHTSA-2012-0131; Notice 1]
RIN 2127-AL16
Civil Penalties
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: This document proposes to increase the maximum civil penalty
amounts for violations of motor vehicle safety requirements for the
National Traffic and Motor Vehicle Safety Act, as amended, and
violations of bumper standards and consumer information provisions.
Specifically, this proposes increases in maximum civil penalty amounts
for single violations of motor vehicle safety requirements, a series of
related violations of school bus and equipment safety requirements, a
series of related violations of bumper standards, and a series of
related violations of consumer information regarding crashworthiness
and damage susceptibility requirements. This action would be taken
pursuant to the Federal Civil Monetary Penalty Inflation Adjustment Act
of 1990, as amended by the Debt Collection Improvement Act of 1996,
which requires us to review and, as warranted, adjust penalties based
on inflation at least every four years.
DATES: Comments on the proposal are due October 9, 2012.
Proposed effective date: 30 days after date of publication of the
final rule in the Federal Register.
ADDRESSES: You may submit comments to the docket number identified in
the heading of this document by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001
Hand Delivery or Courier: 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
Fax: 202-493-2251.
Regardless of how you submit your comments, please note the docket
number of this document.
Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation heading of the SUPPLEMENTARY INFORMATION section of this
document. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided. Please see the ``Privacy Act'' heading below.
Privacy Act: Please see the Privacy Act heading under Rulemaking
Analyses.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or the street
address listed above. Follow the online instructions for accessing the
dockets.
FOR FURTHER INFORMATION CONTACT: Matthew Weisman, Office of Chief
Counsel, NHTSA, telephone (202) 366-5834, facsimile (202) 366-3820,
1200 New Jersey Ave, SE., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Background
In order to preserve the remedial impact of civil penalties and to
foster compliance with the law, the Federal Civil Monetary Penalty
Inflation Adjustment Act of 1990 (28 U.S.C. 2461 Notes, Pub. L. 101-
410), as amended by the Debt Collection Improvement Act of 1996 (Pub.
L. 104-134) (referred to collectively as the ``Adjustment Act'' or,
[[Page 55176]]
in context, the ``Act''), requires us and other Federal agencies to
adjust civil penalties for inflation. Under the Adjustment Act,
following an initial adjustment that was capped by the Act, these
agencies must make further adjustments, as warranted, to the amounts of
penalties in statutes they administer at least once every four years.
NHTSA's initial adjustment of civil penalties under the Adjustment
Act was published on February 4, 1997. 62 FR 5167. At that time, we
codified the penalties under statutes administered by NHTSA, as
adjusted, in 49 CFR part 578, Civil Penalties. Thereafter, we adjusted
certain penalties based on the Adjustment Act and codified others based
on other laws including the Transportation Recall Enhancement,
Accountability, and Documentation Act.
On May 16, 2006, NHTSA last adjusted the maximum civil penalty for
a single violation of the Motor Vehicle Safety Act, sections 30112,
30115, 30117 through 30122, 30123, 30125(c), 30127, or 30141 through
30147 of Title 49 of the United States Code or a regulation thereunder,
as specified in 49 CFR 578.6(a)(1) from $5,000 to $6,000. 71 FR 28279.
At the same time, the agency adjusted the maximum civil penalty for a
single violation of the Motor Vehicle Safety Act, section 30166 of
Title 49 of the United States Code or a regulation thereunder, to
$6,000.
On February 10, 2010, NHTSA last adjusted the maximum civil penalty
for a related series of violations of the Motor Vehicle Safety Act as
amended involving school buses and school bus equipment, section
30112(a)(1) as it involves school buses and school bus equipment and
section 30112(a)(2) of Title 49 of the United States Code, as specified
in 49 CFR 578.6(a)(2) from $15,000,000 to $16,650,000. 75 FR 5246.
Also on February 10, 2010, NHTSA last adjusted the maximum civil
penalty for a related series of violations of bumper standards, section
32506 of Title 49 of the United States Code, as specified in 49 CFR
578.6(c)(2) from $1,025,000 to $1,175,000. 75 FR 5246. In addition, on
February 10, 2010, NHTSA last adjusted the maximum civil penalty for a
related series of violations of consumer information requirements
regarding crashworthiness and damage susceptibility, section 32308 of
Title 49 of the United States Code, as specified in 49 CFR 578.6(d)(1)
from $500,000 to $575,000. 75 FR 5246.
We have reviewed the civil penalty amounts in 49 CFR part 578 and
propose in this notice to adjust certain penalties under the Adjustment
Act.
Method of Calculation--Proposed Adjustments
Under the Adjustment Act, we determine the inflation adjustment for
each applicable civil penalty by increasing the maximum civil penalty
amount per violation by a cost-of-living adjustment, and then applying
a rounding factor. Section 5(b) of the Adjustment Act defines the
``cost-of-living'' adjustment as:
The percentage (if any) for each civil monetary penalty by which--
(1) The Consumer Price Index for the month of June of the calendar
year preceding the adjustment exceeds
(2) The Consumer Price Index for the month of June of the calendar
year in which the amount of such civil monetary penalty was last set or
adjusted pursuant to law.
Since the proposed adjustment is intended to be effective before
December 31, 2012, the ``Consumer Price Index [CPI] for the month of
June of the calendar year preceding the adjustment'' would be the CPI
for June 2011. This figure, based on the Adjustment Act's requirement
of using the CPI ``for all-urban consumers published by the Department
of Labor'' is 676.162.\1\ The penalty amounts that NHTSA proposes to
adjust based on the Adjustment Act's requirements were last set in 2006
for a single violation of the Motor Vehicle Safety Act, and in 2010 for
a series of related violations of school bus safety requirements, a
series of related violations of bumper standards, and a series of
related violations of consumer information requirements regarding
crashworthiness and damage susceptibility. The CPI figure for June of
2006 is 607.8 and June of 2010 is 652.926
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\1\ Individuals interested in deriving the CPI figures used by
the agency may visit the Department of Labor's Consumer Price Index
Home Page at http://www.bls.gov/cpi/home.htm. Scroll down to ``CPI
Databases'', ``All Urban Consumers (Current Series)'', and click on
``Top Picks''. Next, select the ``U.S. ALL ITEMS 1967=100--
CUUR0000AA0'' box, and click on the ``Retrieve Data'' button.
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Accordingly, the factors that we are using in calculating the
proposed increases are 1.11 (676.162/607.8) for a single Motor Vehicle
Safety Act violation and 1.04 (676.162/652.926) for a related series of
Motor Vehicle Safety Act violations pertaining to school buses or
school bus equipment, as well as for a series of related violations of
bumper standards, and a series of related violations of consumer
information requirements. Using these inflation factors, calculated
increases under these adjustments are then subject to a specific
rounding formula set forth in Section 5(a) of the Adjustment Act. 28
U.S.C. 2461, Notes. Under that formula:
Any increase shall be rounded to the nearest:
(1) Multiple of $10 in the case of penalties less than or equal to
$100;
(2) Multiple of $100 in the case of penalties greater than $100 but
less than or equal to $1,000;
(3) Multiple of $1,000 in the case of penalties greater than $1,000
but less than or equal to $10,000;
(4) Multiple of $5,000 in the case of penalties greater than
$10,000 but less than or equal to $100,000;
(5) Multiple of $10,000 in the case of penalties greater than
$100,000 but less than or equal to $200,000; and
(6) Multiple of $25,000 in the case of penalties greater than
$200,000.
Proposed Change to Maximum Penalties Under the Motor Vehicle Safety
Act, 49 U.S.C. Chapter 301
Proposed Changes to 49 CFR 578.6(a)(1), (a)(3)
The maximum civil penalty for a violation of any of sections 30112,
30115, 30117 through 30122, 30123(a), 30125(c), 30127, or 30141 through
30147 of Title 49 of the United States Code or a regulation prescribed
under any of those sections is $6,000, as specified in 49 CFR
578.6(a)(1). The underlying statutory civil penalty provision is 49
U.S.C. 30165(a)(1). Applying the appropriate inflation factor (1.11) to
the Adjustment Act calculation raises the $6,000 figure to $6,679, an
increase of $679. Under the rounding formula, any increase in a
penalty's amount shall be rounded to the nearest multiple of $1,000. In
this case, the increase would be $1,000. Accordingly, NHTSA proposes
that Section 578.6(a)(1) be amended to increase the maximum civil
penalty from $6,000 to $7,000 for each violation.
The maximum civil penalty for a violation of section 30166 of Title
49 of the United States Code or a regulation prescribed under that
section is $6,000, as specified in 49 CFR 578.6(a)(3). The underlying
statutory civil penalty provision is 49 U.S.C. 30165(a)(3). Applying
the appropriate inflation factor (1.11) to the Adjustment Act
calculation raises the $6,000 figure to $6,679, an increase of $679.
Under the rounding formula, any increase in a penalty's amount shall be
rounded to the nearest multiple of $1,000. In this case, the increase
would be $1,000. Accordingly, NHTSA proposes that Section 578.6(a)(3)
be amended to increase the maximum civil penalty from $6,000 to $7,000
per violation per day.
[[Page 55177]]
Proposed Change to 49 CFR 578.6(a)(2)
The maximum civil penalty for a series of related violations of
section 30112(a)(1) of Title 49 of the United States Code involving
school buses or school bus equipment, or of the prohibition on school
system purchases and leases of 15 passenger vans as specified in
30112(a)(2) of Title 49 of the United States Code is $16,650,000, as
codified in 49 CFR 578.6(a)(2). The underlying statutory civil penalty
provision is 49 U.S.C. 30165(a)(2). Applying the appropriate inflation
factor (1.04) to the Adjustment Act calculation raises the $16,650,000
figure to $17,242,531, an increase of $592,531. Applying the rounding
rules, which instruct that increases be rounded to the closest $25,000,
produces an increase of $600,000. Accordingly, NHTSA proposes that the
maximum penalty under Section 578.6(a)(2) be increased to $17,250,000.
Proposed Change to Maximum Penalty Under 49 U.S.C. 32506(a) (49 CFR
578.6(c))
The maximum civil penalty for a series of related violations of
bumper prohibitions, section 32506(a) of Title 49 of the United States
Code, is $1,175,000 as specified in 49 CFR 578.6(c).
The underlying statutory civil penalty provision is 49 U.S.C.
32507. Applying the appropriate inflation factor (1.04) to the
Adjustment Act calculation raises the $1,175,000 figure to $1,216,815,
an increase of $41,815. Applying the rounding rules, which instruct
that increases be rounded to the closest $25,000, produces an increase
of $50,000. Accordingly, NHTSA proposes that the maximum penalty under
Section 578.6(c)(2) be increased to $1,225,000.
Proposed Change to Maximum Penalty Under the Consumer Information
Provisions (49 CFR 578.6(d)(1))
The maximum civil penalty for a series of related violations of
consumer information provisions regarding crashworthiness and damage
susceptibility, section 32308(a) of Title 49 of the United States Code,
is $575,000 as specified in 49 CFR 578.6(d)(1). Applying the
appropriate inflation factor (1.04) to the Adjustment Act calculation
raises the $575,000 figure to $595,462, an increase of $20,462.
Applying the rounding rules, which instruct that increases be rounded
to the closest $25,000, produces an increase of $25,000. Accordingly,
NHTSA proposes that the maximum penalty under Section 578.6(a)(d)(1) be
increased to $600,000.
Codification of Penalty in the Medium and Heavy Duty Vehicle Fuel
Efficiency Program
The Agency's regulations provide that the maximum penalty is
$37,500 per vehicle or engine. 49 CFR 535.9(b)(3). Consistent with the
approach of codifying the penalties under statutes administered by
NHTSA in Part 578, NHTSA will codify this amount in a new subsection
(i) of 49 CFR 578.6.
Effective Date
The amendments would be effective 30 days after publication of the
final rule in the Federal Register. The adjusted penalties would apply
to violations occurring on and after the effective date.
Request for Comments
How do I prepare and submit comments?
Your comments must be written and in English. To ensure that your
comments are correctly filed in the Docket, please include the docket
number of this document in your comments.
Your comments must not be more than 15 pages long (49 CFR 553.21).
NHTSA established this limit to encourage you to write your primary
comments in a concise fashion. However, you may attach necessary
additional documents to your comments. There is no limit on the length
of the attachments.
Please submit your comments to the docket electronically by logging
onto http://www.regulations.gov or by the means given in the ADDRESSES
section at the beginning of this document.
How do I submit confidential business information?
If you wish to submit any information under a claim of
confidentiality, you should submit the following to the Chief Counsel
(NCC-110) at the address given at the beginning of this document under
the heading FOR FURTHER INFORMATION CONTACT: (1) A complete copy of the
submission; (2) a redacted copy of the submission with the confidential
information removed; and (3) either a second complete copy or those
portions of the submission containing the material for which
confidential treatment is claimed and any additional information that
you deem important to the Chief Counsel's consideration of your
confidentiality claim. A request for confidential treatment that
complies with 49 CFR part 512 must accompany the complete submission
provided to the Chief Counsel. For further information, submitters who
plan to request confidential treatment for any portion of their
submissions are advised to review 49 CFR part 512, particularly those
sections relating to document submission requirements. Failure to
adhere to the requirements of Part 512 may result in the release of
confidential information to the public docket. In addition, you should
submit two copies from which you have deleted the claimed confidential
business information, to Docket Management at the address given at the
beginning of this document under ADDRESSES.
Will the agency consider late comments?
We will consider all comments that Docket Management receives
before the close of business on the comment closing date indicated at
the beginning of this notice under DATES. In accordance with our
policies, to the extent possible, we will also consider comments that
Docket Management receives after the specified comment closing date. If
Docket Management receives a comment too late for us to consider in
developing the proposed rule, we will consider that comment as an
informal suggestion for future rulemaking action.
How can I read the comments submitted by other people?
You may read the comments received by Docket Management at the
address and times given near the beginning of this document under
ADDRESSES.
You may also see the comments on the Internet. To read the comments
on the Internet, take the following steps:
(1) Go to the Docket Management System (DMS) Web page of the
Department of Transportation (http://dms.dot.gov/).
(2) On that page, click on ``search.''
(3) On the next page (http://dms.dot.gov/search/), type in the
four-digit docket number shown at the heading of this document.
Example: if the docket number were ``NHTSA-2006-1234,'' you would type
``1234.''
(4) After typing the docket number, click on ``search.''
(5) The next page contains docket summary information for the
docket you selected. Click on the comments you wish to see.
You may download the comments. The comments are imaged documents,
in either TIFF or PDF format. Please note that even after the comment
closing date, we will continue to file relevant information in the
Docket as it becomes available. Further, some people may submit late
comments. Accordingly, we
[[Page 55178]]
recommend that you periodically search the Docket for new material.
Rulemaking Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
We have considered the impact of this rulemaking action under
Executive Order 12866 and the Department of Transportation's regulatory
policies and procedures. This rulemaking document was not reviewed
under Executive Order 12866, ``Regulatory Planning and Review.'' This
action is limited to the proposed adoption of adjustments of civil
penalties under statutes that the agency enforces, and has been
determined to be not ``significant'' under the Department of
Transportation's regulatory policies and procedures and the policies of
the Office of Management and Budget.
Regulatory Flexibility Act
We have also considered the impacts of this notice under the
Regulatory Flexibility Act. I certify that a final rule based on this
proposal will not have a significant economic impact on a substantial
number of small entities. The following provides the factual basis for
this certification under 5 U.S.C. 605(b). The proposed amendments
almost entirely potentially affect manufacturers of motor vehicles and
motor vehicle equipment.
The Small Business Administration's regulations define a small
business in part as a business entity ``which operates primarily within
the United States.'' 13 CFR 121.105(a). SBA's size standards were
previously organized according to Standard Industrial Classification
(``SIC'') Codes. SIC Code 336211 ``Motor Vehicle Body Manufacturing''
applied a small business size standard of 1,000 employees or fewer. SBA
now uses size standards based on the North American Industry
Classification System (``NAICS''), Subsector 336--Transportation
Equipment Manufacturing, which provides a small business size standard
of 1,000 employees or fewer for automobile manufacturing businesses.
Other motor vehicle-related industries have lower size requirements
that range between 500 and 750 employees.\2\
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\2\ For example, according to the SBA coding system, businesses
that manufacture truck trailers, travel trailers/campers,
carburetors, pistons, piston rings, valves, vehicular lighting
equipment, motor vehicle seating/interior trim, and motor vehicle
stamping qualify as small businesses if they employ 500 or fewer
employees. Similarly, businesses that manufacture gasoline engines,
engine parts, electrical and electronic equipment (non-vehicle
lighting), motor vehicle steering/suspension components (excluding
springs), motor vehicle brake systems, transmissions/power train
parts, motor vehicle air-conditioning, and all other motor vehicle
parts qualify as small businesses if they employ 750 or fewer
employees. See http://www.sba.gov/size/sizetable.pdf for further
details.
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Many small businesses are subject to the penalty provisions of 49
U.S.C. Chapter 301 (Motor Vehicle Safety Act) and therefore may be
affected by the adjustments that this NPRM proposes to make. For
example, based on comprehensive reporting pursuant to the early warning
reporting (EWR) rule under the Motor Vehicle Safety Act, 49 CFR part
579, of the more than 60 light vehicle manufacturers reporting, over
half are small businesses. Also, there are other, relatively low
production vehicle manufacturers that are not subject to comprehensive
EWR reporting. Furthermore, there are about 70 registered importers.
Equipment manufacturers (including importers), entities selling motor
vehicles and motor vehicle equipment, and motor vehicle repair
businesses are also subject to penalties under 49 U.S.C. 30165.
As noted throughout this preamble, this proposed rule would only
increase the maximum penalty amounts that the agency could obtain for a
single violation and a related series of violations of various
provisions of the Motor Vehicle Safety Act, as well as for a series of
related violations of bumper standards, and a series of related
violations of consumer information requirements for violations. Under
the Motor Vehicle Safety Act, the penalty provision requires the agency
to take into account the size of a business when determining the
appropriate penalty in an individual case. See 49 U.S.C. 30165(b). The
agency would also consider the size of a business under its civil
penalty policy when determining the appropriate civil penalty amount.
See 62 FR 37115 (July 10, 1997) (NHTSA's civil penalty policy under the
Small Business Regulatory Enforcement Fairness Act (``SBREFA'')). The
penalty adjustments that are being proposed would not affect our civil
penalty policy under SBREFA.
Since this regulation would not establish penalty amounts, this
proposal will not have a significant economic impact on small
businesses.
Small organizations and governmental jurisdictions would not be
significantly affected as the price of motor vehicles and equipment
ought not change as the result of this proposed rule. As explained
above, this action is limited to the proposed adoption of a statutory
directive, and has been determined to be not ``significant'' under the
Department of Transportation's regulatory policies and procedures.
Executive Order 13132 (Federalism)
Executive Order 13132 requires NHTSA to develop an accountable
process to ensure ``meaningful and timely input by State and local
officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' Under Executive Order 13132, the agency may not issue a
regulation with Federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, the agency
consults with State and local governments, or the agency consults with
State and local officials early in the process of developing the
proposed regulation.
This proposed rule would not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132.
The reason is that this proposed rule would generally apply to motor
vehicle and motor vehicle equipment manufacturers (including
importers), entities that sell motor vehicles and equipment and motor
vehicle repair businesses. It would have very limited applicability to
States or local governments, as where they purchase or lease 15
passenger vans used for certain school purposes or activities, which
vans do not comply with federal motor vehicle safety standards for
school buses and multifunction school activity buses. Thus, the
requirements of Section 6 of the Executive Order do not apply.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995, Public Law 104-4,
requires agencies to prepare a written assessment of the cost, benefits
and other effects of proposed or final rules that include a Federal
mandate likely to result in the expenditure by State, local, or tribal
governments, in the aggregate, or by the private sector, of more than
$100 million annually. Because this rule will not have a $100 million
effect, no
[[Page 55179]]
Unfunded Mandates assessment will be prepared.
Executive Order 12778 (Civil Justice Reform)
This proposed rule does not have a retroactive or preemptive
effect. Judicial review of a rule based on this proposal may be
obtained pursuant to 5 U.S.C. 702. That section does not require that a
petition for reconsideration be filed prior to seeking judicial review.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980, we state
that there are no requirements for information collection associated
with this rulemaking action.
Privacy Act
Please note that anyone is able to search the electronic form of
all comments received into any of our dockets by the name of the
individual submitting the comment (or signing the comment, if submitted
on behalf of an association, business, labor union, etc.). You may
review DOT's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78), or
you may visit http://dms.dot.gov.
List of Subjects in 49 CFR Part 578
Imports, Motor vehicle safety, Motor vehicles, Rubber and Rubber
Products, Tires, Penalties.
In consideration of the foregoing, 49 CFR part 578 would be amended
as set forth below.
1. The authority citation for 49 CFR Part 578 is revised to read as
follows:
Authority: Pub. L. 101-410, Pub. L. 104-134, Pub. L. 109-59, 49
U.S.C. 30165, 30170, 30505, 32308, 32309, 32507, 32709, 32710,
32902, 32912, and 33115; delegation of authority at 49 CFR 1.81,
1.95.
2. Section 578.6 is amended by revising paragraphs (a)(1), (a)(2),
(a)(3), (c)(2), and (d)(1) and adding a new paragraph (i) to read as
follows:
PART 578--CIVIL AND CRIMINAL PENALTIES
Sec. 578.6 Civil penalties for violations of specified provisions of
Title 49 of the United States Code.
(a) Motor vehicle safety--(1) In general. A person who violates any
of sections 30112, 30115, 30117 through 30122, 30123(a), 30125(c),
30127, or 30141 through 30147 of Title 49 of the United States Code or
a regulation prescribed under any of those sections is liable to the
United States Government for a civil penalty of not more than $7,000
for each violation. A separate violation occurs for each motor vehicle
or item of motor vehicle equipment and for each failure or refusal to
allow or perform an act required by any of those sections. The maximum
civil penalty under this paragraph for a related series of violations
is $17,350,000.
(2) School buses. (A) Notwithstanding paragraph (a)(1) of this
section, a person who:
(i) Violates section 30112(a)(1) of Title 49 United States Code by
the manufacture, sale, offer for sale, introduction or delivery for
introduction into interstate commerce, or importation of a school bus
or school bus equipment (as those terms are defined in 49 U.S.C.
30125(a)): or
(ii) violates section 30112(a)(2) of Title 49 United States Code,
shall be subject to a civil penalty of not more than $11,000 for each
violation. A separate violation occurs for each motor vehicle or item
of motor vehicle equipment and for each failure or refusal to allow or
perform an act required by this section. The maximum penalty under this
paragraph for a related series of violations is $17,250,000.
(3) Section 30166. A person who violates section 30166 of Title 49
of the United States Code or a regulation prescribed under that section
is liable to the United States Government for a civil penalty for
failing or refusing to allow or perform an act required under that
section or regulation. The maximum penalty under this paragraph is
$7,000 per violation per day. The maximum penalty under this paragraph
for a related series of daily violations is $17,350,000.
* * * * *
(c) * * *
(2) The maximum civil penalty under this paragraph (c) for a
related series of violations is $1,225,000.
(d) Consumer information--(1) Crash-worthiness and damage
susceptibility. A person that violates 49 U.S.C. 32308(a), regarding
crashworthiness and damage susceptibility, is liable to the United
States Government for a civil penalty of not more than $1,100 for each
violation. Each failure to provide information or comply with a
regulation in violation of 49 U.S.C. 32308(a) is a separate violation.
The maximum penalty under this paragraph for a related series of
violations is $600,000.
* * * * *
(i) Medium- and heavy-duty vehicle fuel efficiency. The maximum
civil penalty for a violation of the fuel consumption standards of 49
CFR part 535 is not more than $37,500 per vehicle or engine. The
maximum civil penalty for a related series of violations shall be
determined by multiplying $37,500.00 times the vehicle or engine
production volume for the model year in question within the regulatory
averaging set.
Issued on: August 30, 2012.
O. Kevin Vincent,
Chief Counsel.
[FR Doc. 2012-22043 Filed 9-6-12; 8:45 am]
BILLING CODE 4910-59-P