Civil Penalties, 12156-12160 [E6-3307]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 71, Number 46 (Thursday, March 9, 2006)]
[Proposed Rules]
[Pages 12156-12160]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-3307]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 578

[Docket No. NHTSA-06-24109; Notice 1]
RIN 2127-AJ83


Civil Penalties

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

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: This document proposes to increase the maximum aggregate civil 
penalties for violations of the National Traffic and Motor Vehicle 
Safety Act, as amended. 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. Additionally, this document proposes to codify 
statutory amendments to our penalty provisions and to make a technical 
correction to the text of the agency's penalty regulation.

DATES: Comments on the proposal are due April 10, 2006.
    Proposed effective date: 30 days after date of publication of the 
final rule in the Federal Register.

ADDRESSES: You may submit comments by any of the following methods:
     Web Site: https://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number or Regulatory Identification Number (RIN) for this 
rulemaking. For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Request for 
Comments heading of the SUPPLEMENTARY INFORMATION section of this 
document. Note that all comments received will be posted without change 
to https://dms.dot.gov, including any personal information provided. 
Please see the Privacy Act heading under Rulemaking Analyses and 
Notices.
    Docket: For access to the docket to read background documents or 
comments received, go to https://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Michael Kido, Office of Chief Counsel, 
NHTSA, telephone (202) 366-5263, facsimile (202) 366-3820, 400 Seventh 
Street, SW., 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. No. 
101-410), as amended by the Debt Collection Improvement Act of 1996 
(Pub. L. No. 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 requirements

[[Page 12157]]

and disclosure and vehicle theft prevention. 66 FR 41149. On September 
28, 2004, we adjusted the maximum penalty amounts for a related series 
of violations the agency's provisions governing vehicle safety, bumper 
standards, and consumer information. 69 FR 57864. Most recently, 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 fraud violations. 70 FR 53308.
    We have reviewed the civil penalty amounts in 49 CFR part 578 and 
propose in this notice to adjust certain penalties under the Adjustment 
Act. Those civil penalties that we are proposing to adjust address 
violations pertaining to single and related series of violations of the 
Motor Vehicle Safety Act.

Method of Calculation--Proposed Adjustments

    Under the Adjustment Act, we determine the inflation adjustment for 
each applicable civil penalty by increasing the maximum civil penalty 
amount per violation by a cost-of-living adjustment, and then applying 
a rounding factor. 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.
    Since the proposed adjustment is intended to be effective before 
December 31, 2006, the ``Consumer Price Index [CPI] for the month of 
June of the calendar year preceding the adjustment'' would be the CPI 
for June 2005. This figure, based on the Adjustment Act's requirement 
of using the CPI ``for all-urban consumers published by the Department 
of Labor'' is 582.6.\1\ The penalty amounts that NHTSA proposes to 
adjust based on the Adjustment Act's requirements were last set in 2000 
for each violation of the Motor Vehicle Safety Act and adjusted in 2004 
for a related series of violations of the Motor Vehicle Safety Act. The 
CPI figure for June 2000 is 516.5; the CPI figure for June 2004 is 
568.2. Accordingly, the factors that we are using in calculating the 
proposed increases are 1.13 (582.6/516.5) for a single Motor Vehicle 
Safety Act violation and 1.02 (582.6/568.2) for a related series of 
Motor Vehicle Safety Act. Using these inflation factors, calculated 
increases under these adjustments 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:
---------------------------------------------------------------------------

    \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 https://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.
---------------------------------------------------------------------------

    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.

Change to Maximum Penalties Under the Motor Vehicle Safety Act, 49 
U.S.C. Chapter 301 (49 CFR 578.6(a))

    The maximum civil penalty for a violation of the Motor Vehicle 
Safety Act or a regulation thereunder is $5,000, as specified in 49 CFR 
578.6(a)(1). Complementing this, the maximum penalty for a violation of 
49 U.S.C. 30166 or a regulation thereunder is $5,000 per violation per 
day. See 49 CFR 578.6(a)(2). The underlying statutory civil penalty 
provision is 49 U.S.C. 30165(a). Applying the appropriate inflation 
factor (1.13) to the Adjustment Act calculation raises the $5,000 
figure to $5,650, an increase of $650. Under the rounding formula, any 
increase in a penalty's amount shall be rounded to the nearest multiple 
of $1,000 in the case of penalties greater than $1,000 but less than or 
equal to $10,000. In this case, the increase would be $1,000. 
Accordingly, we propose that Section 578.6(a)(1) and (a)(2) be amended 
to increase the maximum civil penalty from $5,000 to $6,000 for a 
single violation and for each violation per day, respectively.
    Similarly, we are proposing that the maximum civil penalty for a 
related series of violations covered in 49 CFR 578.6(a)(1) and (2) be 
raised. Specifically, applying the appropriate inflation factor of 1.02 
to the current amount of $16,050,000 raises this figure to $16,371,000, 
which yields an increase of $321,000. Applying the rounding rules, 
which instruct that increases be rounded to the closest $25,000, 
produces an increase of $325,000. Accordingly, we are proposing to 
increase the maximum amounts in 49 CFR 578.6(a)(1) and (2) to 
$16,375,000.
    We are also proposing to redesignate the current section 
578.6(a)(2) as (a)(3) to parallel changes to 49 U.S.C. 30165 made in 
the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users (SAFETEA-LU). Pub. L. No. 109-59, 119 Stat. 1144, 
1942-43 (2005). The current section 578.6(a)(2) was based on 49 U.S.C. 
30165(a)(2). SAFETEA-LU redesignated that paragraph to 49 U.S.C. 
30165(a)(3). 119 Stat. at 1942. The new section 578.6(a)(2) is 
discussed immediately below.

Proposed Codification of School Bus Safety Penalty for a Violation of 
49 U.S.C. Sec.  30112(a) (As Amended by SAFETEA-LU)

    In addition to the adjustments described above, the agency is 
proposing to codify penalty provisions added to the Motor Vehicle 
Safety Act by SAFETEA-LU. See 119 Stat. 1144, 1942-43. This is 
consistent with the agency's practice of codifying civil penalties 
available under statutes that it administers in part 578. More 
particularly, in SAFETEA-LU, Congress added a prohibition related to 
the acquisition of noncomplying 15-passenger vans for school use. 49 
U.S.C. 30112(a)(2) (as amended by SAFETEA-LU). 119 Stat. at 1942. 
Congress also added associated penalties (49 U.S.C. 30165(a)(2), as 
amended by SAFETEA-LU). See 119 Stat. at 1942-43. The proposed rule 
incorporates the SAFETEA-LU penalty provision in terms that parallel 
the existing 49 CFR 578.6 regulation. Based on the SAFETEA-LU penalty 
provision, proposed section 578.6(a)(2) provides that a single 
violation may result in a maximum penalty amount of $10,000, while a 
related series of violations may result in a maximum penalty amount of 
$15,000,000. These penalties, like others under statutes NHTSA 
administers, would be subject to periodic adjustments under the 
Adjustment Act.

Technical Correction

    Finally, the agency is proposing to amend the language in Section 
578.6(a) to achieve consistency with the current statutory text. 
Specifically, Section 578.6(a) makes reference to violations of 49 
U.S.C. 30123(d), which addresses the treatment of regrooved tires. On 
June 9,

[[Page 12158]]

1998, this statutory provision was redesignated as subsection (a). See 
Pub. L. No. 105-178, 112 Stat. 107, 467. Accordingly, we are proposing 
to make corresponding changes in the regulation to reflect this 
redesignation.

Effective Date

    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, take the following steps:
    (1) Go to the Docket Management System (DMS) Web page of the 
Department of Transportation (https://dms.dot.gov/).
    (2) On that page, click on ``search.''
    (3) On the next page (https://dms.dot.gov/search/), type in the 
four-digit docket number shown at the heading of this document. 
Example: if the docket number were ``NHTSA-2006-1234,'' you would type 
``1234.''
    (4) After typing the docket number, click on ``search.''
    (5) The next page contains docket summary information for the 
docket you selected. Click on the comments you wish to see.
    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 proposed amendments 
almost entirely potentially affect manufacturers of motor vehicles and 
motor vehicle equipment.
    The Small Business Administration's 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.\2\
---------------------------------------------------------------------------

    \2\ For example, according to the new SBA coding system, 
businesses that manufacture truck trailers, travel trailers/campers, 
carburetors, pistons, piston rings, valves, vehicular lighting 
equipment, motor vehicle seating/interior trim, and motor vehicle 
stamping qualify as small businesses if they employ 500 or fewer 
employees. Similarly, businesses that manufacture gasoline engines, 
engine parts, electrical and electronic equipment (non-vehicle 
lighting), motor vehicle steering/suspension components (excluding 
springs), motor vehicle brake systems, transmissions/power train 
parts, motor vehicle air-conditioning, and all other motor vehicle 
parts qualify as small businesses if they employ 750 or fewer 
employees. See https://www.sba.gov/size/sizetable.pdf for further 
details.

---------------------------------------------------------------------------

[[Page 12159]]

    Many small businesses are subject to the penalty provisions of 49 
U.S.C. Chapters 301 (Motor Vehicle Safety Act) and therefore may be 
affected by the adjustments that this NPRM proposes to make. For 
example, based on comprehensive reporting pursuant to the early warning 
reporting (EWR) rule under the Motor Vehicle Safety Act, 49 CFR part 
579, of the more than 60 light vehicle manufacturers reporting, over 
half are small businesses. Also, there are other, relatively low 
production light vehicle manufacturers that are not subject to 
comprehensive EWR reporting. Furthermore, there are about 98 registered 
importers. Equipment manufacturers are also subject to penalties under 
49 U.S.C. 30165.
    As noted throughout this preamble, this proposed rule would only 
increase the maximum penalty amounts that the agency could obtain for a 
single violation and a related series of violations of the Motor 
Vehicle Safety Act. The proposed rule does not set the amount of 
penalties for any particular violation or series of violations. Under 
the Motor Vehicle Safety Act, the penalty provision requires 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(b). The 
agency would also consider the size of a business 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.
    Since this 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 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 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. The reason 
is that this final rule applies to motor vehicle manufacturers, and not 
to the States or local governments. 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 rule will not have a $100 million 
effect, no Unfunded Mandates assessment will be prepared.

National Environmental Policy Act

    We have also analyzed this rulemaking action under the National 
Environmental Policy Act and determined that it has no significant 
impact on the human environment.

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.

Privacy Act

    Please note that 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 (Volume 65, Number 70; Pages 19477-78), or 
you may visit https://dms.dot.gov.

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, 49 CFR part 578 would be amended 
as set forth below.

PART 578--CIVIL AND CRIMINAL PENALTIES

    1. The authority citation for 49 CFR part 578 would continue to 
read as follows:

    Authority: Pub. L. No. 101-410, Pub. L. No. 104-134, Pub. L. No. 
109-59, 49 U.S.C. 30165, 30170, 30505, 32308, 32309, 32507, 32709, 
32710, 32912, and 33115; delegation of authority at 49 CFR 1.50.

    2. Section 578.6 would be amended by redesignating paragraph (a)(2) 
as (a)(3), adding a new paragraph (a)(2), and revising paragraph (a)(1) 
and the newly redesignated paragraph (a)(3) to read as follows:


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

    (a) Motor vehicle safety. (1) In general. A person who violates any 
of sections 30112, 30115, 30117 through 30122, 30123(a), 30125(c), 
30127, or 30141 through 30147 of Title 49 of the United States Code or 
a regulation prescribed under any of those sections is liable to the 
United States Government for a civil penalty of not more than $6,000 
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

[[Page 12160]]

required by any of those sections. The maximum civil penalty under this 
paragraph for a related series of violations is $16,375,000.
    (2) School buses. (A) Notwithstanding paragraph (a)(1), a person 
who (i) violates section 30112(a)(1) of Title 49 United States Code by 
the manufacture, sale, offer for sale, introduction or delivery for 
introduction into interstate commerce, or importation of a school bus 
or school bus equipment (as those terms are defined in 49 U.S.C. 
30125(a)) or (ii) violates section 30112(a)(2) of Title 49 United 
States Code, shall be subject to a civil penalty of not more than 
$10,000 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 that section. The 
maximum penalty under this paragraph for a related series of violations 
is $15,000,000.
    (3) Section 30166. A person who violates section 30166 of Title 49 
of the United States Code or a regulation prescribed under that section 
is liable to the United States Government for a civil penalty for 
failing or refusing to allow or perform an act required under that 
section or regulation. The maximum penalty under this paragraph is 
$6,000 per violation per day. The maximum penalty under this paragraph 
for a related series of daily violations is $16,375,000.
* * * * *

    Issued on: March 2, 2006.
Stephen P. Wood,
Acting Chief Counsel.
 [FR Doc. E6-3307 Filed 3-8-06; 8:45 am]
BILLING CODE 4910-59-P