[Federal Register: November 21, 2008 (Volume 73, Number 226)]
[Notices]
[Page 70695]
[DOCID:fr21no08-110]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-26367]

Motor Carrier Safety Advisory Committee Public Meeting

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of Motor Carrier Safety Advisory Committee Meetings.

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SUMMARY: FMCSA announces that the Motor Carrier Safety Advisory
Committee (MCSAC) will hold committee meetings on December 1, 2008, and
December 10, 2008. The meetings are open to the public.

DATES: The meetings will be held on December 1, 2008, from 12 p.m. to 1
p.m. Eastern Standard Time, and December 10, 2008, from 1 p.m. to 5
p.m. Eastern Standard Time.

ADDRESSES: The meeting on December 1, 2008, will be held by conference
call. The meeting on December 10, 2008, will be held at the U.S.
Department of Transportation, Media Center, 1200 New Jersey Avenue,
SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey Miller, Chief, Strategic
Planning and Program Evaluation Division, Office of Policy Plans and
Regulation, Federal Motor Carrier Safety Administration, U.S.
Department of Transportation, 1200 New Jersey Avenue, SE., Washington,
DC 20590,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Section 4144 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU, Pub. L. 109-
59) required the Secretary of the U.S. Department of Transportation to
establish in FMCSA, a Motor Carrier Safety Advisory Committee. The
advisory committee provides advice and recommendations to the FMCSA
Administrator on motor carrier safety programs and motor carrier safety
regulations. The advisory committee operates in accordance with the
Federal Advisory Committee Act (5 U.S.C. App 2).

II. Meeting Participation

     December 1, 2008, Conference Call: The meeting is open to the
public and FMCSA invites participation by all interested parties,
including motor carriers, drivers, and representatives of motor carrier
associations. For information on the agenda, bridge line and Web link
for the conference call, please send an e-mail to<EMAIL_ADDRESS>For
information on facilities or services for individuals with disabilities
or to request special assistance, please e-mail your request to
<EMAIL_ADDRESS>by November 28, 2008. During the December 1, 2008,
conference call, oral comments will not be taken from the public due to
time limitations. Members of the public are encouraged to submit
written comments by November 28, 2008, identified by Federal Docket
Management System (FDMC) Docket Number FMCSA-2006-26367.
    December 10, 2008, Meeting: Please note that participants will need
to be pre-cleared in advance of the meeting in order to enter the U.S.
Department of Transportation headquarters building. By December 5,
2008, e-mail<EMAIL_ADDRESS>if you plan to attend the meeting to
facilitate the pre-clearance process. For information on facilities or
services for individuals with disabilities or to request special
assistance, please e-mail your request to<EMAIL_ADDRESS>by December 5,
2008. For information on the agenda, please send an e-mail to
<EMAIL_ADDRESS>As a general matter, the committee will make time
available for public comments at the meeting at 3 p.m. Eastern Standard
Time. The time available will be reasonably divided among those who
have signed up to address the committee; however, no one will have more
than 15 minutes. Individuals wishing to address the committee should
send an e-mail to<EMAIL_ADDRESS>by close of business on December 5,
2008. Individuals wanting to present written materials to the committee
should submit written comments identified by Federal Docket Management
System (FDMC) Docket Number FMCSA-2006-26367 using any of the following
methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online instructions for submitting
comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building, Room W12-
140, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, 1200 New
Jersey Avenue, SE., Room W12-140, Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

    Issued on: November 18, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E8-27859 Filed 11-20-08; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register Volume 77, Number 37 (Friday, February 24, 2012)]
[Notices]
[Pages 11189-11190]
[FR Doc No: 2012-4297]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0056; Notice 2]

Yokohama Tire Corporation, Denial of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Denial of Petition for Inconsequential Noncompliance.

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SUMMARY: Yokohama Tire Corporation, (YTC),\1\ replacement tires for
passenger cars, manufactured between December 2, 2007, and September
19, 2009, failed to comply with paragraph S5.5.1(b) of Federal Motor
Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for
Light Vehicles. YTC has filed an appropriate report pursuant to 49 CFR
Part 573, Defect and Noncompliance Responsibility and Reports (dated
January 19, 2010).
---------------------------------------------------------------------------

    \1\ Yokohama Tire Company (YTC) is a replacement equipment
manufacturer incorporated in the State of California.
---------------------------------------------------------------------------

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule
implementing those provisions at 49 CFR part 556, YTC has petitioned
for an exemption from the notification and remedy requirements of 49
U.S.C. Chapter 301 on the basis that this noncompliance is
inconsequential to motor vehicle safety.
    Notice of receipt of YTC's petition was published, with a 30-day
public comment period, on May 20, 2010, in the Federal Register (75 FR
28319). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System Web
site at: http://www.regulations.gov/. Then follow the online search
instructions to locate docket number ``NHTSA-2010-0056.''
    For further information on this decision, contact Mr. George
Gillespie, Office of Vehicle Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), telephone<PHONE_NUMBER>,
facsimile<PHONE_NUMBER>.

Summary of YTC's Petition

    YTC petitioned NHTSA for a determination that a noncompliance in
approximately 8,238 size P215/60R15 93H Yokohama AVID H4S brand
passenger car replacement tires manufactured between December 2, 2007,
and September 19, 2009, at YTC's plant located in Salem, Virginia is
inconsequential to motor vehicle safety.
    YTC explains that the noncompliance is that, due to a mold labeling
error, the markings on the non-compliant tires omit the partial tire
identification number on one of the sidewalls as required by paragraph
S5.5.1(b). YTC also indicates that the non-compliant tires include the
full Tire Identification Number (TIN) on one sidewall but omit the
partial serial number on the other sidewall. YTC reported that this
noncompliance was brought to their attention when ``one of several
molds were being certified and readied as part of a production quantity
of replacement tires for the USA.''
    YTC explained its belief that the Tire Identification Number (TIN)
and the partial TIN are used to properly identify tires that are
involved in a safety campaign. YTC also stated its belief that the full
TIN is molded on the intended outboard sidewall of these tires and
consumers could be directed to have both sidewalls inspected for the
TIN if any safety campaign would be required for these tires in the
future.
    In summation, YTC asserts that this noncompliance is
inconsequential to motor vehicle safety because the noncompliant
sidewall marking does not affect the physical characteristics of the
tires and all other labeling requirements have been met. Therefore, no
corrective action is warranted.
    NHTSA Decision: NHTSA does not agree with YTC's assessment that the
noncompliance with FMVSS No. 139 is inconsequential to motor vehicle
safety. As discussed below, the tire markings required by paragraph
S5.5.1(b) of FMVSS No. 139 provide valuable information to assist
consumers in determining if their tires are the subject of a safety
recall.
    Paragraph S5.5.1(b) of FMVSS No. 139 requires that radial tires
manufactured on or after September 1, 2009 for motor vehicles having a
gross vehicle weight rating (GVWR) of 10,000 pounds or less be
permanently labeled with (1) a full TIN required by 49 CFR part 574 on
one sidewall of the tire (2) except for retreaded tires, either the
full or a partial TIN containing all characters in the TIN, except for
the date code, and at the discretion of the manufacturer, any optional
code, must be labeled on the other sidewall of the tire.\2\
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    \2\ Tires manufactured after September 1, 2009 must be labeled
with the TIN on the intended outboard sidewall of a tire and either
the TIN or partial TIN on the other sidewall. 49 CFR 571.139
S5.5.1(b). If a tire manufactured after September 1, 2009 does not
have an intended outboard sidewall, one sidewall must be labeled
with the TIN and the other sidewall must have either a TIN or
partial TIN. Id.
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    The tire recalls in the year 2000 highlighted the difficulty that
consumers experienced when attempting to determine whether a tire is
subject to a recall when a tire is mounted so that the sidewall bearing
the TIN faces inward, i.e., underneath the vehicle. After a series of
Congressional hearings about the safety of and experiences regarding
the Firestone tires involved in those recalls, Congress passed and the
President signed into law the Transportation Recall Enhancement,
Accountability, and Documentation (TREAD) Act on November 1, 2000.
Public Law 106-414. 114 Stat. 1800.
    One matter addressed by the TREAD Act was tire labeling. Section 11
of the TREAD Act required a rulemaking to improve the labeling of tires
to assist consumers in identifying tires that may be the subject of a
recall.
    In response to the TREAD Act's mandate, NHTSA published a final
rule that, among other things, required that the TIN be placed on a
sidewall of the tire and a full or partial TIN be placed on the other
sidewall. See 67 FR 69600, 69628 (November 18, 2002), as amended 69 FR
31306 (June 3, 2004). In the preamble to the 2002 final rule, the
agency identified the safety problem which prompted the issuance of the
rule. 67 FR at 69602, 69606, and 69610. The agency explained that when
tires are mounted so that the TIN appears on the inward facing
sidewalls, motorists have three difficult and inconvenient options for
locating and recording the TINs. Consumers must either: (1) Slide under
the vehicle with a flashlight, pencil and paper and search the inside
sidewalls for the TINs; (2) remove each tire, find and record the TIN,
and then replace the tire; or (3) enlist the aid of a garage or service
station that can perform option 1 or place the vehicle on a vehicle
lift so that the TINs can be

found and recorded. Without any TIN information on the outside
sidewalls of tires, the difficulty and inconvenience of obtaining the
TIN by consumers reduces the number of people who respond to a tire
recall campaign and increases the number of motorists who unknowingly
continue to drive vehicles with potentially unsafe tires.
    YTC suggests that this noncompliance does not preclude motorists
from checking the inboard sidewall if the TIN is not found on the
outboard sidewall. This approach is inadequate. The noncompliance here
is the exact problem that plagued millions of Firestone tire owners in
2000 and one that Congress mandated that NHTSA address. When the TIN is
placed on one sidewall of a tire and that sidewall is mounted on the
inboard side of a wheel, it is very difficult and inconvenient for the
consumer to locate and record the TIN. In such situations, consumers
who attempt to determine if a tire is within the scope of a recall may
not be able to read the inboard sidewall without taking one of the
three inconvenient steps discussed above. The difficulty and
inconvenience of locating a TIN under these circumstances poses serious
impediments to the successful recall of the noncompliant tires, which
may result in motorists continuing to drive their vehicles with
potentially unsafe tires.
    While NHTSA has determined in the past that in some instances TIN
marking omissions were inconsequential to motor vehicle safety, those
determinations occurred prior to the adoption of FMVSS No. 139 pursuant
to the TREAD Act. Following the enactment of the TREAD Act, NHTSA found
that there is a safety need for a full TIN on one sidewall and a full
or partial TIN on the other sidewall. For these reasons, FMVSS No. 139
now requires TIN markings on both sidewalls of a tire so that consumers
can readily determine if a tire is subject to a safety recall.
    In consideration of the foregoing, NHTSA has decided that the
petitioner has not met its burden of persuasion that the noncompliance
described is inconsequential to motor vehicle safety. Accordingly,
YTC's petition is hereby denied, and the petitioner must notify owners,
purchasers and dealers pursuant to 49 U.S.C. 30118 and provide a remedy
in accordance with 49 U.S.C. 30120.

    Authority: (49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8)

    Issued on: February 16, 2012.
Nancy Lummen Lewis,
Associate Administrator for Enforcement.
[FR Doc. 2012-4297 Filed 2-23-12; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register: June 15, 2009 (Volume 74, Number 113)]
[Proposed Rules]
[Page 28204-28209]
[DOCID:fr15jn09-22]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 578

[Docket No. NHTSA-2009-0066; Notice 1]
RIN 2127-AK40

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 involving
school buses, bumper standards, consumer information requirements,
odometer tampering and disclosure requirements, and vehicle theft
protection 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 July 15, 2009.

ADDRESSES: You may submit comments 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.
    Alternatively, you can file comments using the following methods:
     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: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.

    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.dms.dot.gov or http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.
    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 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 19477-78).
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov. Follow the online
instructions for accessing the dockets.

FOR FURTHER INFORMATION CONTACT: Jessica Lang, Office of Chief Counsel,
NHTSA, telephone<PHONE_NUMBER>, facsimile<PHONE_NUMBER>, 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
10-140, 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 intend to
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
would bifurcate to 49 CFR 578.6(d) into two parts. The first would
address crashworthiness and damage susceptibility; the second would
codify consumer tire information under EISA.
    We have reviewed the civil penalty amounts in 49 CFR Part 578 and,
in this notice, propose to adjust certain penalties under the
Adjustment Act. The civil penalties that we propose to adjust are
available for violations of the (1) 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--Proposed 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.
    Because the proposed adjustment is intended to be effective before
December 31, 2009, the ``Consumer Price Index [CPI] for the month of
June of the calendar year preceding the adjustment'' is the CPI for
June 2008. This figure, based on the Adjustment Act's requirement of
using the CPI ``for all-urban consumers published by the Department of
Labor,'' is 655.5.\1\
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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 proposes to adjust involve a
related series of violations of bumper standards and of consumer
information requirements regarding crashworthiness and damage
susceptibility. These amounts were both last adjusted in 2004 (CPI =
568.2). Accordingly, the factor that we use to calculate the proposed
increases is 1.15 (655.5/568.2) for these penalties.
    The other penalty amounts that NHTSA proposes to adjust 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 use to
calculate the proposed increases is 1.13 (655.5/582.6).
    Next, using these inflation factors, increases above the current
maximum penalty levels are calculated and 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 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)(ii). The underlying statutory provision is 49 U.S.C.
30165(a)(2), as amended in 2005. Applying the appropriate inflation
factor (1.13) raises the $10,000 to $11,300, an increase of $1,300.
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 propose that
Sec.  578.6(a)(2)(ii) be amended 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)(ii). The underlying statutory provision is 49 U.S.C.
30165(a)(2), as amended in 2005. Applying the appropriate inflation
factor (1.13) raises the $15,000,000 to $16,950,000, an increase of
$1,950,000. 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 propose that Sec.
578.6(a)(2)(ii) be amended to increase the maximum civil penalty from
$15,000,000 to $16,950,000 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. 32506. Applying the
appropriate inflation factor (1.15) raises the $1,025,000 figure to
$1,178,750, an increase of $153,750. 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. In this
case, the increase would be $150,000. Accordingly, we propose that
Sec.  578.6(c) be amended 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 (1.15) raises the
$500,000 figure to $575,000, an increase of $75,000. 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 would be $75,000. Accordingly, we
propose that Sec.  578.6(d) be amended 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 (1.13) raises the $130,000 to
$146,900, an increase of $16,900. 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 propose that Sec.  578.6(f)(1) be
amended to increase the maximum civil penalty from $130,000 to $150,000
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. 33114(a)(5).
Applying the appropriate inflation factor (1.13) raises the $130,000
figure to $146,900, an increase of $16,900. 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 propose that Sec.
578.6(g)(2) be amended to increase the maximum civil penalty from
$130,000 to $150,00 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 are 49 U.S.C.
33114(a)(1)-(4). Applying the appropriate inflation factor (1.13)
raises the $325,000 to $367,250, an increase of $42,250. 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 propose that Sec.  578.5(g)(1) be
amended to increase the maximum penalty from $325,000 to $375,000 for a
series of related violations.

Effective Date of Final Rule

    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).
We 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 two copies of your comments, including the
attachments, to Docket Management at the beginning of this document
under ADDRESSES. You may also submit your comments electronically to
the docket following the steps outlined under ADDRESSES.

How Can I Be Sure That My Comments Were Received?

    If you wish Docket Management to notify you upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope containing your comments. Upon receiving your comments, Docket
Management will return the postcard by mail.

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, go to http://www.regulations.gov and follow the on-
line instructions provided.
    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 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.

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 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
proposed adjustments in this NPRM. By the proposed 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 proposed 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 proposed 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 26 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 proposed 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 proposed adjustment to penalty amounts in Chapter 331 relating
to theft prevention potentially impacts 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 twenty six manufacturers of passenger
vehicles, six 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, we note that the new tire fuel efficiency information
program under 49 U.S.C. 32304A may affect a number of entities. That
program has not yet been adopted and therefore this notice does not
identify regulated entities. In any event, we note that there are 28
tire manufacturers, none of which is a small business. There are
estimated to be over 50,000 tire dealers and retailers; though we do
not have information on how many of these dealers and retailers are
small businesses, we believe a large percentage is small businesses.
    As noted throughout this preamble, this proposed rule on civil
penalties would only increase 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. This
proposed 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 that are being proposed would 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.
    Since this proposed 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 to 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 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 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 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 proposed rule will not have a $100
million effect, no 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.

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, we propose to amend 49 CFR part
578 as set forth below.

PART 578--CIVIL AND CRIMINAL PENALTIES

    1. The authority citation for 49 CFR part 578 is amended to read as
follows:

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

    2. Section 578.6, paragraphs (a)(2)(ii), (c)(2), (d), (f)(1), and
(g), are revised 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 $16,950,000.
* * * * *
    (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. A person that violates 49 U.S.C.
32308(c), regarding consumer tire information established 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 $2,200 for each
violation. The maximum civil penalty under this paragraph for a related
series of violations is $150,000.
* * * * *
    (g) Vehicle theft protection. (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 and 33103 is only a single violation.
The maximum penalty under this paragraph for a related series of
violations is $375,000.
    (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 $150,000
a day for each violation.
* * * * *

    Issued on: June 9, 2009.
Stephen P. Wood,
Acting Chief Counsel.
[FR Doc. E9-13933 Filed 6-12-09; 8:45 am]

BILLING CODE 4910-59-P