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49 U.S.C. § 32912 — Civil penalties
Federal law — U.S. Code and appendices · legal_authorities
**(a) General Penalty.—** A person that violates [section 32911(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32911/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32902&num=0&edition=prelim) is liable to the Government for a civil penalty of $0.00 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32903&num=0&edition=prelim) 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; an
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Source file: Laws/federal/codes/united-states-code/title-49/section-32912-civil-penalties--4582eaf9b8.md
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Source location: Title 49, Chapter 329, § 32912; chapter-329-automobile-fuel-economy.md
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**(a) General Penalty.—** A person that violates [section 32911(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32911/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32902&num=0&edition=prelim) is liable to the Government for a civil penalty of $0.00 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32903&num=0&edition=prelim) 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 $0.00 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1905&num=0&edition=prelim) 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section796/d&num=0&edition=prelim)).
**(d) Written Notice Requirement.—** The Secretary shall impose a penalty under this section by written notice.
**(e) Use of Civil Penalties.—** For fiscal year 2008 and each fiscal year thereafter, from the total amount deposited in the general fund of the Treasury during the preceding fiscal year from fines, penalties, and other funds obtained through enforcement actions conducted pursuant to this section (including funds obtained under consent decrees), the Secretary of the Treasury, subject to the availability of appropriations, shall—
(1) transfer 50 percent of such total amount to the account providing appropriations to the Secretary of Transportation for the administration of this chapter, which shall be used by the Secretary to support rulemaking under this chapter; and
(2) transfer 50 percent of such total amount to the account providing appropriations to the Secretary of Transportation for the administration of this chapter, which shall be used by the Secretary to carry out a program to make grants to manufacturers for retooling, reequipping, or expanding existing manufacturing facilities in the United States to produce advanced technology vehicles and components.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prescription of Standards by Regulation.—** At least 18 months before the beginning of each model year, the Secretary of Transportation shall prescribe by regulation average fuel economy standards for automobiles manufactured by a manufacturer in that model year. Each standard shall be the maximum feasible average fuel economy level that the Secretary decides the manufacturers can achieve in that model year.
**(b) Standards for Automobiles and Certain Other Vehicles.—**
(1) **In general.—** — The Secretary of Transportation, after consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall prescribe separate average fuel economy standards for—
(A) passenger automobiles manufactured by manufacturers in each model year beginning with model year 2011 in accordance with this subsection;
(B) non-passenger automobiles manufactured by manufacturers in each model year beginning with model year 2011 in accordance with this subsection; and
(C) work trucks and commercial medium-duty or heavy-duty on-highway vehicles in accordance with subsection (k).
(2) **Fuel economy standards for automobiles.—**
(A) *Automobile fuel economy average for model years 2011 through 2020.—* — The Secretary shall prescribe a separate average fuel economy standard for passenger automobiles and a separate average fuel economy standard for non-passenger automobiles for each model year beginning with model year 2011 to achieve a combined fuel economy average for model year 2020 of at least 35 miles per gallon for the total fleet of passenger and non-passenger automobiles manufactured for sale in the United States for that model year.
(B) *Automobile fuel economy average for model years 2021 through 2030.—* — For model years 2021 thr
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 32902
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** To the maximum extent practicable, the Architect of the Capitol shall include energy efficiency and conservation measures, greenhouse gas emission reduction measures, and other appropriate environmental measures in the Capitol Complex Master Plan.
**(b) Report** Not later than 6 months after December 19, 2007, the Architect of the Capitol shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Rules and Administration of the Senate, a report on the energy efficiency and conservation measures, greenhouse gas emission reduction measures, and other appropriate environmental measures included in the Capitol Complex Master Plan pursuant to subsection (a).
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1824
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Earning and Period for Applying Credits.—** When the average fuel economy of passenger automobiles manufactured by a manufacturer in a particular model year exceeds an applicable average fuel economy standard under subsections (a) through (d) of section 32902 (determined by the Secretary of Transportation without regard to credits under this section), the manufacturer earns credits. The credits may be applied to—
(1) any of the 3 consecutive model years immediately before the model year for which the credits are earned; and
(2) to the extent not used under paragraph (1) 11 So in original. Probably should be followed by a comma. any of the 5 consecutive model years immediately after the model year for which the credits are earned.
**(b) Period of Availability and Plan for Future Credits.—**
(1) Except as provided in paragraph (2) of this subsection, credits under this section are available to a manufacturer at the end of the model year in which earned.
(2)
(A) Before the end of a model year, if a manufacturer has reason to believe that its average fuel economy for passenger automobiles will be less than the applicable standard for that model year, the manufacturer may submit a plan to the Secretary of Transportation demonstrating that the manufacturer will earn sufficient credits under this section within the next 3 model years to allow the manufacturer to meet that standard for the model year involved. Unless the Secretary finds that the manufacturer is unlikely to earn sufficient credits under the plan, the Secretary shall approve the plan. Those credits are available for the model year involved if—
(i) the Secretary approves the plan; and
(ii) the manufacturer earns those credits as provided by the plan.
(B) If the average fuel economy of a
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 32903
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Federal law — U.S. Code and appendices · legal_authorities
Whoever, being an officer or employee of the United States or of any department or agency thereof, any person acting on behalf of the Federal Housing Finance Agency, or agent of the Department of Justice as defined in the Antitrust Civil Process Act ([15 U.S.C. 1311–131](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1311–131&num=0&edition=prelim)4), or being an employee of a private sector organization who is or was assigned to an agency under chapter 37 of title 5, publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information coming to him in the course of his employment or official duties or by reason of any examination or investigation made by, or return, report or record made to or filed with, such department or agency or officer or employee thereof, which information concerns or relates to the trade secrets, processes, operations, style of work, or apparatus, or to the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association; or permits any income return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person except as provided by law; shall be fined under this title, or imprisoned not more than one year, or both; and shall be removed from office or employment.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1905
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Federal Energy Administrator to request, acquire, and collect energy information; rules and regulations** For the purpose of assuring that the Federal Energy Administrator, the Congress, the States, and the public have access to and are able to obtain reliable energy information, the Federal Energy Administrator shall request, acquire, and collect such energy information as he determines to be necessary to assist in the formulation of energy policy or to carry out the purposes of this chapter or the Emergency Petroleum Allocation Act of 1973 [[15 U.S.C. 751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section751&num=0&edition=prelim) et seq.].11 See References in Text note below. The Federal Energy Administrator shall promptly promulgate rules pursuant to subsection (b)(1)(A) of this section requiring reports of such information to be submitted to the Federal Energy Administrator at least every ninety calendar days.
**(b) Powers of Federal Energy Administrator in obtaining energy information; verification of accuracy; compliance orders**
(1) In order to obtain energy information for the purpose of carrying out the provisions of subsection (a), the Federal Energy Administrator is authorized—
(A) to require, by rule, any person who is engaged in the production, processing, refining, transportation by pipeline, or distribution (at other than the retail level) of energy resources to submit reports;
(B) to sign and issue subpenas for the attendance and testimony of witnesses and the production of books, records, papers, and other documents;
(C) to require any person, by general or special order, to submit answers in writing to interrogatories, requests for reports or for other information; and such answers or other submi
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 796
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Federal law — U.S. Code and appendices · legal_authorities
Page 1255
TITLE 15—COMMERCE AND TRADE
§ 796
The National Environmental Policy Act of 1969, re-
ferred to in subsec. (c), is Pub. L. 91–190, Jan. 1, 1970, 83
Stat. 852, which is classified generally to chapter 55
(§ 4321 et seq.) of Title 42. For complete classification of
this Act to the Code, see Short Title note under section
4321 of Title 42 and Tables.
This chapter, referred to in subsec. (c)(2), was in the
original ‘‘this Act’’, meaning Pub. L. 93–319. For com-
plete classification of this Act to the Code, see Short
Title note set out under section 791 of this title and Ta-
bles.
Executive Order 10485 of September 3, 1953, referred to
in subsec. (d), is Ex. Ord. No. 10485, Sept. 3, 1953, 18 F.R.
5397, which is set out as a note under section 717b of
this title.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘Department of Health and Human Services’’ sub-
stituted for ‘‘Department of Health, Education, and
Welfare’’ in subsec. (b), pursuant to section 509(b) of
Pub. L. 96–88, which is classified to section 3508(b) of
Title 20, Education.
TRANSFER OF FUNCTIONS
The Federal Power Commission was terminated, and
its functions, personnel, property, funds, etc., were
transferred to the Secretary of Energy (except for cer-
tain functions which were transferred to the Federal
Energy Regulatory Commission) by sections 7151(b),
7171(a), 7172(a)(1), 7291, and 7293 of Title 42, The Public
Health and Welfare.
§ 794. Energy conservation study
(a) Study of conservation methods
The Federal Energy Administrator shall con-
duct a study on potential methods of energy
conservation and, not later than six months
after June 22, 1974, shall submit to Congress a
report on the results of such study. The study
shall include, but not be limited to, the f
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 796
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Federal law — U.S. Code and appendices · legal_authorities
Page 977
TITLE 49—TRANSPORTATION
§ 32912
§ 32911. Compliance
(a) GENERAL.—A person commits a violation if
the person fails to comply with this chapter and
regulations and standards prescribed and orders
issued under this chapter (except sections 32902,
32903, 32908(b), 32917(b), and 32918 and regulations
and standards prescribed and orders issued under
those sections). The Secretary of Transportation
shall conduct a proceeding, with an opportunity
for a hearing on the record, to decide whether a
person has committed a violation. Any inter-
ested person may participate in a proceeding
under this subsection.
(b) AUTOMOBILE MANUFACTURERS.—A manufac-
turer of automobiles commits a violation if the
manufacturer fails to comply with an applicable
average fuel economy standard under section
32902 of this title. Compliance is determined
after considering credits available to the manu-
facturer under section 32903 of this title. If aver-
age fuel economy calculations under section
32904(c) of this title indicate that a manufac-
turer has violated this subsection, the Secretary
shall conduct a proceeding, with an opportunity
for a hearing on the record, to decide whether a
violation has been committed. The Secretary
may not conduct the proceeding if further meas-
urements of fuel economy, further calculations
of average fuel economy, or other information
indicates a violation has not been committed.
The results of the measurements and calcula-
tions and the information shall be published in
the Federal Register. Any interested person may
participate in a proceeding under this sub-
section.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1071;
Pub. L. 103–429, § 6(40), Oct. 31, 1994, 108 Stat.
4382.)
Historical and Revision Notes
PUB. L. 103–272
Rev
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 32912
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