
[Federal Register: February 2, 2010 (Volume 75, Number 21)]
[Rules and Regulations]               
[Page 5244-5248]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02fe10-11]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 578

[Docket No. NHTSA-2009-0066; Notice 2]
RIN 2127-AK40

 
Civil Penalties

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Final rule.

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SUMMARY: This document increases the maximum civil penalty amounts for 
violations of motor vehicle safety requirements involving school buses, 
bumper standards, consumer information requirements, odometer tampering 
and disclosure requirements, and vehicle theft protection requirements. 
This action is taken pursuant to the Federal Civil Monetary Penalty 
Inflation Adjustment Act of 1990, as amended by the Debt Collection 
Improvement Act of 1996.

DATES: This final rule is effective March 4, 2010.

ADDRESSES: Petitions for reconsideration should refer to the docket 
number and be submitted to: Administrator, National Highway Traffic 
Safety Administration, 1200 New Jersey Avenue, SE., West Building, 
Fourth Floor, Washington, DC 20590, with a copy to the DOT docket. 
Copies to the docket may be submitted electronically [identified by DOT 
Docket ID Number NHTSA-2009-0066] by visiting the following Web site.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online instructions for submitting 
comments.
    Privacy Act: 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

[[Page 5245]]

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 (65 FR 19477, 19477-78).

FOR FURTHER INFORMATION CONTACT: Jessica Lang, Office of Chief Counsel, 
NHTSA, telephone (202) 366-5263, facsimile (202) 366-3820, 1200 New 
Jersey Avenue, 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, 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. On July 14, 1999, we 
further adjusted certain penalties. 64 FR 37876. In 2000, the 
Transportation Recall Enhancement, Accountability and Documentation 
(``TREAD'') Act increased the maximum penalties under the National 
Traffic and Motor Vehicle Safety Act as amended (sometimes referred to 
as the ``Motor Vehicle Safety Act''). We codified those amendments in 
Part 578 on November 14, 2000. 65 FR 68108. On August 7, 2001, we also 
adjusted certain penalty amounts pertaining to odometer tampering and 
disclosure requirements and vehicle theft prevention. 66 FR 41149. On 
September 28, 2004, we adjusted the maximum penalty amounts for a 
related series of violations involving the agency's provisions 
governing vehicle safety, bumper standards, and consumer information. 
69 FR 57864. On September 8, 2005, the agency adjusted its penalty 
amounts for violations of its vehicle theft protection standards and 
those involving a related series of odometer-related violations. 70 FR 
53308. On May 16, 2006, the agency adjusted its penalty amounts for 
violations of the Motor Vehicle Safety Act, as amended, and codified 
amendments made to the Motor Vehicle Safety Act by the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act--A Legacy 
for Users (SAFETEA-LU), 119 Stat. 1144, 1942-43 (Aug. 10, 2005). 71 FR 
28279. Most recently, on February 25, 2008, the agency made adjustments 
to odometer-related violations and violations of certain administrative 
provisions of the Energy Policy and Conservation Act. 73 FR 9955.
    The Energy Independence and Security Act of 2007 (EISA), Public Law 
No. 110-140, 121 Stat. 1492, 1506-07 (Dec. 19, 2007) (codified at 49 
U.S.C. 32304A) established a separate penalty provision for a new 
consumer tire information provision. As a matter of organization, we 
include this penalty provision in 49 CFR 578.6(d). In order to avoid 
confusion with the consumer information penalty regarding 
crashworthiness and damage susceptibility currently in this section, we 
bifurcated 49 CFR 578.6(d) into two parts. The first addresses 
crashworthiness and damage susceptibility; the second codifies consumer 
tire information under EISA. We have decided to adopt text of this rule 
that tracks the wording in EISA; it does not interpret EISA.
    On June 15, 2009, the Agency published a Notice of Proposed 
Rulemaking (NPRM) entitled ``Civil Penalties'' which proposed the 
adjustment of certain civil penalties for inflation. 74 FR 28204. The 
Agency received no comments to this NPRM.
    We have reviewed the civil penalty amounts in 49 CFR Part 578 and, 
in this notice, adjust certain penalties under the Adjustment Act. The 
civil penalties that we now adjust are available for violations of: (1) 
The Motor Vehicle Safety Act involving school buses (single violations 
and a related series of violations), (2) bumper requirements (a related 
series of violations), (3) consumer information requirements regarding 
crashworthiness and damage susceptibility (a related series of 
violations), (4) odometer requirements including tampering and 
disclosure (a related series of violations), and (5) the vehicle theft 
protection requirements (daily violations and a series of related 
violations).

Method of Calculation--Adjustments

    Under the Adjustment Act, we first calculate the inflation 
adjustment for each applicable civil penalty by arithmetically 
increasing the maximum civil penalty amount per violation by a cost-of-
living adjustment. 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.
    Under the Adjustment Act, the relevant Consumer Price Index (CPI) 
is that for the month of June of the preceding calendar year. This 
figure is provided by the Department of Labor and is adjusted annually 
using the base year 1967 = 100. The Adjustment Act uses the CPI for all 
urban consumers. Because the adjustment will be effective in 2010, the 
proper CPI is that from June 2009. The June 2009 CPI is 646.1.\1\ In 
the NPRM, which was published in 2009, we had used the CPI for June 
2008 (655.5).
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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 ``Most 
Requested Statistics'' and select the ``All Urban Consumers (Current 
Series)'' option, select the ``U.S. ALL ITEMS 1967-100-CUUR0000AA0'' 
box, and click on the ``Retrieve Data'' button.
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    Two of the penalty amounts that NHTSA now adjusts involve a related 
series of violations of bumper standards and of consumer information 
requirements regarding crashworthiness and damage susceptibility. These 
amounts were last adjusted in 2004 (CPI = 568.2). Accordingly, the 
factor that we used to calculate the increases for these penalties is 
1.14 (646.1/568.2).
    The other penalty amounts that NHTSA now adjusts are for single 
violations and a related series of violations pertaining to school bus 
safety, a related series of violations involving odometer tampering and 
disclosure, as well as single violations and a related series of 
violations involving vehicle theft protection. These amounts were last 
adjusted in 2005 (CPI = 582.6). Accordingly, the factor that we used to 
calculate the increases is 1.11 (646.1/582.6).
    Next, using these inflation factors, increases above the current 
maximum penalty levels were calculated and were 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;

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    (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.

Amendments to Maximum Penalties

Change to Maximum Penalty (Single Violations and a Related Series of 
Violations) Under the School Bus Safety Provisions, 49 U.S.C. Chapter 
301, (49 CFR 578.6(a)(2))

    The maximum civil penalty for a single violation under the school 
bus safety provisions is $10,000, as specified in 49 CFR 578.6(a)(2). 
The underlying statutory provision is 49 U.S.C. 30165(a)(2), as amended 
in 2005. Applying the appropriate inflation factor (1.11) raises the 
$10,000 to $11,100, an increase of $1,100. Under the rounding formula, 
any increase in a penalty's amount shall be rounded to the nearest 
$1,000 in the case of penalties greater than $1,000 but less than or 
equal to $10,000. Accordingly, we now amend Section 578.6(a)(2) to 
increase the maximum civil penalty for a single violation from $10,000 
to $11,000.
    The maximum civil penalty for a related series of violations under 
the school bus safety provisions is $15,000,000, as specified in 49 CFR 
578.6(a)(2). The underlying statutory provision is 49 U.S.C. 
30165(a)(2), as amended in 2005. Applying the appropriate inflation 
factor (1.11) raises the $15,000,000 to $16,650,000, an increase of 
$1,650,000. Under the rounding formula, any increase in a penalty's 
amount shall be rounded to the nearest multiple of $25,000 in the case 
of penalties greater than $200,000. Accordingly, we now amend Section 
578.6(a)(2) to increase the maximum civil penalty from $15,000,000 to 
$16,650,000 for a series of related violations.

Change to Maximum Penalty (Related Series of Violations) Under the 
Bumper Standards Provision, 49 U.S.C. Chapter 325 (49 CFR 578.6(c))

    The maximum civil penalty for a related series of violations of the 
bumper standards provision or a regulation prescribed thereunder is 
$1,025,000 as specified in 49 CFR 578.6(c)(2). The underlying statutory 
civil penalty provision is contained in 49 U.S.C. 32507. Applying the 
appropriate inflation factor (1.14) raises the $1,025,000 figure to 
$1,168,500, an increase of $143,500. Under the rounding formula, any 
increase in a penalty's amount shall be rounded to the nearest multiple 
of $25,000 in the case of penalties greater than $200,000. In this 
case, the increase is $150,000. Accordingly, we now amend Section 
578.6(c) to increase the maximum civil penalty from $1,025,000 to 
$1,175,000 for a related series of violations.

Change to Maximum Penalty (Related Series of Violations) Under the 
Consumer Information Regarding Crashworthiness and Damage 
Susceptibility Requirements, 49 U.S.C. Chapter 323 (49 CFR 578.6(d))

    The maximum civil penalty for a related series of violations of the 
consumer information regarding crashworthiness and damage 
susceptibility requirements is $500,000, as specified in 49 CFR 
578.6(d). The underlying statutory civil penalty provision is 49 U.S.C. 
32308(b). Applying the appropriate inflation factor (1.14) raises the 
$500,000 figure to $570,000, an increase of $70,000. Under the rounding 
formula, any increase in a penalty's amount shall be rounded to the 
nearest multiple of $25,000 in the case of penalties greater than 
$200,000. In this case, the increase is $75,000. Accordingly, we now 
amend Section 578.6(d) to increase the maximum civil penalty from 
$500,000 to $575,000 for a series of related violations.

Change to Maximum Penalty (Related Series of Violations) Under the 
Odometer Tampering and Disclosure Requirements, 49 U.S.C. Chapter 327 
(49 CFR 578.6(f))

    The maximum civil penalty for a related series of violations of the 
odometer requirements is $130,000, as specified in 49 CFR 578.6(f)(1). 
The underlying statutory penalty provision is 49 U.S.C. 32709. Applying 
the appropriate inflation factor (1.11) raises the $130,000 to 
$144,300, an increase of $14,300. Under the rounding formula, any 
increase in a penalty's amount shall be rounded to the nearest multiple 
of $10,000 in the case of penalties greater than $100,000 but less than 
or equal to $200,000. Accordingly, we now amend Section 578.6(f)(1) to 
increase the maximum civil penalty from $130,000 to $140,000 for a 
series of related violations.

Change to Maximum Penalty (Daily Violation and a Related Series of 
Violations) Under the Vehicle Theft Protection Provisions, 49 U.S.C. 
Chapter 331 (49 CFR 578.6(g)(1), (2))

    The maximum civil penalty for a daily violation of vehicle theft 
protection provisions is $130,000, as specified in 49 CFR 578.6(g)(2). 
The underlying statutory penalty provision is 49 U.S.C. 33115. Applying 
the appropriate inflation factor (1.11) raises the $130,000 figure to 
$144,300, an increase of $14,300. Under the rounding formula, any 
increase in a penalty's amount shall be rounded to the nearest multiple 
of $10,000 in the case of penalties greater than $100,000 but less than 
or equal to $200,000. Accordingly, we now amend Section 578.6(g)(2) to 
increase the maximum civil penalty from $130,000 to $140,000 for a 
daily violation.
    The maximum civil penalty for a related series of violations of the 
vehicle theft protection provisions is $325,000, as specified in 49 CFR 
578.6(g)(1). The underlying statutory penalty provisions is 49 U.S.C. 
33115. Applying the appropriate inflation factor (1.11) raises the 
$325,000 to $360,750, an increase of $35,750. Under the rounding 
formula, any increase in a penalty's amount shall be rounded to the 
nearest multiple of $25,000 in the case of penalties greater than 
$200,000. Accordingly, we now amend Section 578.6(g)(1) to increase the 
maximum penalty from $325,000 to $350,000 for a series of related 
violations.

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 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.

Regulatory Flexibility Act

    We have also considered the impacts of this notice under the 
Regulatory Flexibility Act. I certify that this final rule 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).

[[Page 5247]]

    The Small Business Administration (SBA) 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.
    Many small businesses are subject to the penalty provisions of 
Title 49 U.S.C. Chapters 301 (motor vehicles--school bus safety), 325 
(bumper standards), 323 (consumer information requirements), 327 
(odometer requirements) and 331 (vehicle theft protection 
requirements); therefore, small businesses may be affected by the 
changes this final rule makes. By the amendments, entities that are 
potentially affected vary by statute and may include manufacturers of 
motor vehicles and motor vehicle equipment, sellers of vehicles and 
equipment, repair shops and others.
    The adjustment to penalty amounts in 49 U.S.C. 30165(a)(2) and 
relating to school bus safety potentially impacts numerous entities 
including school bus manufacturers, school bus equipment manufacturers, 
school bus and equipment sellers, and schools and school systems. We do 
not have data on how many other entities within the ambit of 49 U.S.C. 
30165(a)(2) are small businesses, but the number is considerable.
    The adjustment to penalty amounts in Chapter 325 relating to bumper 
standards and to penalty amounts in Chapter 323 involving 
crashworthiness, damage susceptibility and country of origin labeling 
potentially impacts manufacturers of passenger motor vehicles and, in 
some instances, equipment manufacturers as variously included and 
defined in the statutes and regulations. We estimate that of the light 
vehicle manufacturers reporting under the early warning program (EWR), 
49 CFR Part 579, six are small businesses. We recognize that there are 
other, relatively low production light vehicle manufacturers that are 
not subject to comprehensive EWR reporting. In addition, these statutes 
cover other entities, but we do not have information on the number of 
small businesses.
    The adjustment to penalty amounts in Chapter 327 relating to 
odometer requirements potentially impacts a number of small businesses 
including repair businesses, used car dealers, businesses that are 
lessors of vehicles, auction houses, and entities making devices that 
could change an odometer's mileage. Although we do not have information 
on how many of these entities are small businesses, we believe a large 
percentage are small businesses.
    The adjustment to penalty amounts in Chapter 331 relating to theft 
prevention potentially impact manufacturers of regulated passenger 
motor vehicle parts in passenger motor vehicles, some multi-purpose 
vehicles, and some light trucks in high theft lines. It also impacts 
other entities including salvaging, repair and chop shops. As 
previously stated, of the manufacturers of passenger vehicles reporting 
under the EWR program, three are small businesses. Although we do not 
have data on the numbers of salvaging, repair or chop shops, we believe 
many are small businesses.
    Finally, the new tire fuel efficiency information program under 49 
U.S.C. 32304A may affect a number of entities. We note that there are 
28 tire manufacturers, none of which is a small business. There are 
estimated to be over 60,000 tire dealers and retailers; though we do 
not have exact estimates, we believe a substantial number are small 
businesses.
    As noted throughout this preamble, this final rule on civil 
penalties increases the maximum penalty amounts that the Agency could 
obtain for certain violations of provisions related to school bus 
safety, bumper standards, certain consumer information, odometer 
tampering and disclosure, and vehicle theft prevention. It also 
codifies the penalty provisions set out in 49 U.S.C. 32308(c). This 
final rule does not set the amount of penalties for any particular 
violation or series of violations. Under the statutes for motor vehicle 
safety/school buses, consumer information, and vehicle theft 
prevention, the penalty provisions require 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(c) (school bus safety); 49 
U.S.C. 32308(b)(3) (consumer information); 49 U.S.C. 33115(a)(3) 
(vehicle theft prevention). The statute for odometers does not directly 
address small business size as a consideration, but does require 
consideration of ``any effect on the ability to continue doing 
business.''49 U.S.C. 32709(a)(3)(B). The agency would consider the size 
of the business in such a calculation. While the bumper standards 
penalty provision does not specifically require the agency to consider 
the size of the business, the agency would consider business size 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 in this final rule do not affect our civil 
penalty policy under SBREFA. As a matter of policy, we intend to 
continue to consider the appropriateness of the penalty amount to the 
size of the business charged.
    Because this regulation does not establish penalty amounts, this 
final rule will not have a significant economic impact on small 
businesses.
    Small organizations and governmental jurisdictions will not be 
significantly affected as the price of motor vehicles and equipment 
ought not to change as the result of this final rule. As explained 
above, this action is limited to the 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 
regulation.
    This rule will 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

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levels of government, as specified in Executive Order 13132. 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 No. 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 final rule will not have a $100 
million effect, no Unfunded Mandates assessment will be prepared.

Executive Order 12778 (Civil Justice Reform)

    This rule does not have a retroactive or preemptive effect. 
Judicial review of this rule 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.

List of Subjects in 49 CFR Part 578

    Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber 
products, Tires, Penalties.

0
In consideration of the foregoing, 49 CFR Part 578 is amended as set 
forth below.

PART 578--CIVIL AND CRIMINAL PENALTIES

0
1. Revise the authority citation for 49 CFR Part 578 to read as 
follows:

    Authority:  Pub. L. No. 101-410, Pub. L. No. 104-134, 49 U.S.C. 
30165, 30170, 30505, 32304A, 32308, 32309, 32507, 32709, 32710, 
32912, and 33115 as amended; delegation of authority at 49 CFR 1.50.


0
2. In Sec.  578.6, revise paragraphs (a)(2)(ii), (c)(2), (d), (f)(1), 
(g)(1) and (g)(2), to read as follows:


Sec.  578.6  Civil penalties for violations of specified provisions of 
Title 49 of the United States Code.

    (a) * * *
    (2) * * *
    (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 $16,650,000.
* * * * *
    (c) * * *
    (2) The maximum civil penalty under this paragraph (c) for a 
related series of violations is $1,175,000.
    (d) Consumer information--(1) Crashworthiness 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 $575,000.
    (2) Consumer tire information. Any person who fails to comply with 
the national tire fuel efficiency program under 49 U.S.C. 32304A is 
liable to the United States Government for a civil penalty of not more 
than $50,000 for each violation.
* * * * *
    (f) * * *
    (1) A person that violates 49 U.S.C. Chapter 327 or a regulation 
prescribed or order issued thereunder is liable to the United States 
Government for a civil penalty of not more than $3,200 for each 
violation. A separate violation occurs for each motor vehicle or device 
involved in the violation. The maximum civil penalty under this 
paragraph for a related series of violations is $140,000.
* * * * *
    (g) * * *
    (1) A person that violates 49 U.S.C. 33114(a)(1)-(4) is liable to 
the United States Government for a civil penalty of not more than 
$1,100 for each violation. The failure of more than one part of a 
single motor vehicle to conform to an applicable standard under 49 
U.S.C. 33102 or 33103 is only a single violation. The maximum penalty 
under this paragraph for a related series of violations is $350,000.
    (2) A person that violates 49 U.S.C. 33114(a)(5) is liable to the 
United States Government for a civil penalty of not more than $140,000 
a day for each violation.
* * * * *

    Issued on: January 26, 2010.
David L. Strickland,
Administrator.
[FR Doc. 2010-1957 Filed 2-1-10; 8:45 am]
BILLING CODE 4910-59-P

