49 U.S.C. § 32912: Civil penalties

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. 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; multiplied by the number of those automobiles; and reduced by the credits available to the manufacturer under section 32903 of this title for the model year. will result in, or substantially further, substantial energy conservation for automobiles in model years in which the increased penalty may be imposed; and will not have a substantial deleterious impact on the economy of the United States, a State, or a region of a State. The amount prescribed under subparagraph (A) of this paragraph may not be more than $0.00 for each .1 of a mile a gallon. cause a significant increase in unemployment in a State or a region of a State; adversely affect competition; or cause a significant increase in automobile imports. 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. other interested persons making oral presentations; 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 experts and consultants that provided information to a person that the person includes, or refers to, in an oral presentation. 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. The Secretary shall publish a regulation prescribed under this subsection in the Federal Register with the decisions required under paragraph (1) of this subsection. provided to the Secretary or the court during consideration or review of a regulation prescribed under this subsection; and 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) ). The Secretary shall impose a penalty under this section by written notice. 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 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. take effect on the date of enactment of this section [ July 4, 2025 ]; and apply to all model years of a manufacturer for which the Secretary of Transportation has not provided a notification pursuant to section 32903(b)(2)(B) of title 49 , United States Code, specifying the penalty due for the average fuel economy of that manufacturer being less than the applicable standard prescribed under section 32902 of that title.”