5170 Federal Register / Vol. 62, No. 23 / Tuesday, February 4, 1997 / Rules and Regulations

(e) Country of origin content labeling.

A manufacturer of a passenger motor

vehicle distributed in commerce for sale

in the United States that willfully fails

to attach the label required under 49

U.S.C. 32304 to a new passenger motor

vehicle that the manufacturer

manufactures or imports, or a dealer

that fails to maintain that label as

required under 49 U.S.C. 32304, is liable

to the United States Government for a

civil penalty of not more than $1,100 for

each violation. Each failure to attach or

maintain that label for each vehicle is a

separate violation.

(f) Odometer tampering and

disclosure. (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. A separate

violation occurs for each motor vehicle

or device involved in the violation. The

maximum civil penalty under this

paragraph for a related series of

violations is $110,000.

(2) A person that violates 49 U.S.C.

Chapter 327 or a regulation prescribed

or order is issued thereunder, with

intent to defraud, is liable for three

times the actual damages or $1,650,

whichever is greater.

(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 or 33103 is only a single

violation. The maximum penalty under

this paragraph on for a related series of

violations is $275,000.

(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 $110,000 a day for each

violation.

(h) Automobile fuel economy. (1) A

person that violates 49 U.S.C. 32911(a)

is liable to the United States

Government for a civil penalty of not

more than $11,000 for each violation. A

separate violation occurs for each day

the violation continues.

(2) Except as provided in 49 U.S.C.

32912(c), a manufacturer that violates a

standard prescribed for a model year

under 49 U.S.C. 32902 is liable to the

United States Government for a civil

penalty of $5.50 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—

(i) Calculated under 49 U.S.C.

32904(a)(1)(A) or (B) for automobiles to

which the standard applies

manufactured by the manufacturer

during the model year;

(ii) Multiplied by the number of those

automobiles; and

(iii) reduced by the credits available

to the manufacturer under 49 U.S.C.

32903 for the model year.

Issued on January 30, 1997.

Ricardo Martinez,

Administrator.

[FR Doc. 97–2745 Filed 2–3–97; 8:45 am]

BILLING CODE 4910–59–P

Surface Transportation Board

49 CFR Part 1142

[STB Ex Parte No. 621]

Removal of Obsolete Regulations

Concerning Expedited Complaint

Procedures Against Bus Carrier Rates

AGENCY: Surface Transportation Board,

Transportation.

ACTION: Final rule.

SUMMARY: The Surface Transportation

Board (Board) is removing from the

Code of Federal Regulations obsolete

regulations concerning expedited

complaint procedures against bus rates.

EFFECTIVE DATE: February 4, 1997.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 927–5660. [TDD for

the hearing impaired: (202) 927–5721.]

SUPPLEMENTARY INFORMATION: Effective

January 1, 1996, the ICC Termination

Act of 1995, Public Law No. 104–88,

109 Stat. 803 (ICCTA), abolished the

Interstate Commerce Commission (ICC)

and established the Board within the

Department of Transportation. Section

204(a) of the ICCTA provides that ‘‘[t]he

Board shall promptly rescind all

regulations established by the [ICC] that

are based on provisions of law repealed

and not substantively reenacted by this

Act.’’

As here relevant, the Bus Regulatory

Reform Act of 1982 (Bus Act)

established a zone of rate freedom

(ZORF) within which bus carriers could

raise or lower their rates without being

subject to protest and investigation or

suspension. Former 49 U.S.C.

10708(d)(4). The ZORF expanded by

specified percentages over a 3-year

period (former section 10708(d)(5)).

After 3 years, the zone became

unlimited. As a result, the ICC could not

suspend or investigate a proposed rate

on unreasonableness grounds unless the

proposed rate was established

collectively under an agreement

approved by the ICC under former 49

U.S.C. 10706(b). Former 49 U.S.C.

10708(e). Parties, however, could file

complaints challenging the

reasonableness of rates established

within the ZORF, and, after 3 years, of

any effective rate or fare filed under

section 10708. Former 49 U.S.C.

10708(f). The resulting complaint

proceedings were to be resolved within

90 days. Id. Consequently, the ICC

established at 49 CFR part 1142

expedited procedures for filing and

handling such complaints against

effective bus rates or fares established

under the ZORF on grounds that they

were unreasonably high or low.

Procedures-Complaints Against Bus Car.

Rates & Fares, 133 M.C.C. 50 (1982),

modified on reopening, 133 M.C.C. 240

(1983).

Under the ICCTA, the Board has

jurisdiction to determine the

reasonableness of rates or fares of motor

carrier of passengers only if they are

made collectively under agreements

pursuant to new 49 U.S.C. 13703. New

49 U.S.C. 13703(a)(5). Moreover, the

ICCTA eliminated the provisions under

former section 10708(d) and (f)

concerning the ZORF and the expedited

procedures for filing complaints.

Because the statutory basis for the

regulations at 49 CFR part 1142 has

been eliminated, we will remove those

regulations. We note that parties still

may file complaints against bus carriers

under our regulations at 49 CFR part

1111.

Because this action merely reflects,

and is required by, the enactment of the

ICCTA and will not have an adverse

effect on the interests of any person, this

action will be made effective on the date

of publication in the Federal Register.

This action will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.

List of Subjects in 49 CFR Part 1142

Administrative practice and

procedure, Buses.

Decided: January 24, 1997.

By the Board, Chairman Morgan and Vice

Chairman Owen.

Vernon A. Williams,

Secretary.

PART 1142—[REMOVED]

For the reasons set forth in the

preamble and under the authority of 49

U.S.C. 721(a), title 49, chapter X of the

Code of Federal Regulations is amended

by removing Part 1142.

[FR Doc. 97–2548 Filed 2–3–97; 8:45 am]

BILLING CODE 4915–00–P