
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC32912]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
            PART C--INFORMATION, STANDARDS, AND REQUIREMENTS
 
                  CHAPTER 329--AUTOMOBILE FUEL ECONOMY
 
Sec. 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.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1072.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
32912(a)..............................  15:2008(b)(2).                   Oct. 2
0, 1972, Pub. L. 92-513, 86 Stat.
                                                                          947, 
Sec.  508(b)(1)-(3) (1st
                                                                          sente
nce); added Dec. 22, 1975, Pub.
                                                                          L. 94
-163, Sec.  301, 89 Stat. 913;
                                                                          Oct. 
10, 1980, Pub. L. 96-425, Secs.
                                                                          6(c)(
1), (3), 8(f), 94 Stat. 1827,
                                                                          1828,
 1829.
32912(b)..............................  15:2008(b)(1).
32912(c)(1)...........................  15:2008(d).                      Oct. 2
0, 1972, Pub. L. 92-513, 86 Stat.
                                                                          947, 
Sec.  508(d), (e)(1), (2), (4);
                                                                          added
 Nov. 9, 1978, Pub. L. 95-619,
                                                                          Sec. 
 402, 92 Stat. 3255, 3256.
32912(c)(2), (3)......................  15:2008(e)(1).
32912(c)(4)...........................  15:2008(e)(2).
32912(c)(5)...........................  15:2008(e)(4).
32912(d)..............................  15:2008(b)(3) (1st sentence).
-------------------------------------------------------------------------------
---------------------------------

    In this section, the words ``whom the Secretary determines under 
subsection (a) of this section'' are omitted as surplus.
    In subsection (b), before clause (1)(A), the words ``Except as 
provided in subsection (c) of this section'' are added for clarity. The 
words ``that violates a standard prescribed for a model year under 
section 32902 of this title'' are substituted for ``to have violated a 
provision of section 2007(a)(1) of this title with respect to any model 
year'' and ``to have violated section 2007(a)(2) of this title'' to 
avoid referring, as in the source, to one provision that in turn refers 
to another provision. In clause (1), the words ``calculated under'' are 
substituted for ``established under'' for clarity. The reference to 
section 32904(a)(1)(A), which is a reference to the provision under 
which average fuel economy for nonpassenger automobiles is calculated, 
is added for clarity. The reference to section 32904(a)(1)(B), which is 
a reference to the provision under which average fuel economy for 
passenger automobiles is calculated, is substituted for the reference in 
the source to 15:2002(a) and (c), which is a reference to the provision 
under which the average fuel economy standard for those automobiles is 
established, for clarity. The words ``in which the violation occurs'' 
are omitted as surplus.
    In subsection (c)(1)(A), before clause (i), the words ``shall 
prescribe by regulation'' are substituted for ``shall, by rule . . . 
substitute'' for consistency in the revised title and because ``rule'' 
and ``regulation'' are synonymous. The words ``in accordance with the 
provisions of this subsection and subsection (e)'' are omitted as 
surplus. The words ``be less than $5.00'' are omitted as surplus because 
under the subsection the Secretary may only raise the amount imposed to 
$10, or a $5 increase. The words ``in the absence of such rule'' are 
omitted as surplus. The words ``increase in the penalty'' are 
substituted for ``additional amount of the civil penalty'' for clarity. 
In clause (ii), the words ``subject to subparagraph (B)'' are omitted as 
surplus.
    In subsection (c)(1)(C), the words ``the later of'' and the text of 
15:2008(d)(3)(A) are omitted as obsolete.
    In subsection (c)(2), before clause (A), the words ``After the 
Secretary of Transportation develops a proposed rule pursuant to 
subsection (d) of this section'' are omitted as surplus. In clause (B), 
the words ``written comments or an oral presentation'' are substituted 
for ``written or oral presentations'' for consistency in the section. 
The text of 15:2008(e)(1)(B) (last sentence) and (C) is omitted as 
surplus because of 5:556(d).
    In subsection (c)(5), before clause (A), the words ``department, 
agency, or instrumentality'' are substituted for ``department or 
agency'' for consistency in the revised title and with other titles of 
the United States Code.

                  Section Referred to in Other Sections

    This section is referred to in sections 32909, 32913, 32914, 32915 
of this title.
