28204 Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Proposed Rules 

Flooding source(s) Location of referenced elevation** 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground 

∧Elevation in meters 

(MSL) 

Communities affected 

Effective Modified 

Lincoln County, Missouri, and Incorporated Areas 

Cuivre River .......................... At confluence with Mississippi River at East Sycamore Road, east of City of Old Monroe.+445 +444 Unincorporated Areas of 

Lincoln County, City of 

Old Monroe. 

McLean Creek ....................... At confluence with Mississippi River, just east of City 

of Winfield.

+446 +445 Unincorporated Areas of 

Lincoln County, City of 

Winfield. 

Mississippi River ................... At southern county boundary, east of City of Old 

Monroe.

+445 +444 Unincorporated Areas of 

Lincoln County, City of 

Elsberry, City of Foley, 

City of Old Monroe, City 

of Winfield. 

At northern county boundary at Dameron Road .......... +451 +450 

Sandy Creek ......................... At confluence with Mississippi River, east of City of 

Foley.

+447 +446 Unincorporated Areas of 

Lincoln County, City of 

Foley. 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for 

exact locations of all BFEs to be changed. 

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management 

Agency, 500 C Street, SW., Washington, DC 20472. 

ADDRESSES 

City of Elsberry 

Maps are available for inspection at 201 Broadway Street, Elsberry, MO 63343. 

City of Foley 

Maps are available for inspection at 617 Elm Street, Foley, MO 63347. 

City of Old Monroe 

Maps are available for inspection at 151 Main Street, P.O. Box 212, Old Monroe, MO 63369. 

City of Winfield 

Maps are available for inspection at 51 Old Troy Highway, P.O. Box 59, Winfield, MO 63389. 

Unincorporated Areas of Lincoln County 

Maps are available for inspection at 201 Main Street, Troy, MO 63379. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: May 27, 2009. 

Deborah S. Ingram, 

Acting Deputy Assistant Administrator for 

Mitigation, Mitigation Directorate, 

Department of Homeland Security, Federal 

Emergency Management Agency. 

[FR Doc. E9–14039 Filed 6–12–09; 8:45 am] 

BILLING CODE 9110–12–P 

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. 

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 


jlentini on PROD1PC65 with PROPOSALS
Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Proposed Rules 28205 

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. 

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: (202) 493–2251. 

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 (202) 366–5902, 

facsimile (202) 366–3820, 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-ofliving’’ 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

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 


jlentini on PROD1PC65 with PROPOSALS
28206 Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Proposed Rules 

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 § 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 

§ 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 

§ 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 

§ 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 

§ 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 § 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 

§ 578.5(g)(1) be amended to increase the 

maximum penalty from $325,000 to 

$375,000 for a series of related 

violations. 


jlentini on PROD1PC65 with PROPOSALS
Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Proposed Rules 28207 

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 online 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 


jlentini on PROD1PC65 with PROPOSALS
28208 Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Proposed Rules 

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: 


jlentini on PROD1PC65 with PROPOSALS
Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Proposed Rules 28209 

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: 

§ 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 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 581 

[Docket Number NHTSA–2009–0047] 

Bumper Standard; Petition for 

Rulemaking 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Request for comments. 

SUMMARY: On July 1, 2008, the Insurance 

Institute for Highway Safety (IIHS) 

petitioned the agency to amend the 

existing bumper standard, to require 

compliance by light trucks, vans, and 

sport utility vehicles (SUVs), which 

NHTSA often refers to collectively as 

LTVs. The agency had already begun reevaluating the bumper standard in 

anticipation of the vote on a Global 

Technical Regulation on pedestrian 

safety. NHTSA requests comments and 

information to assist the agency in 

determining whether to grant or deny 

the IIHS petition. 

DATES: You should submit your 

comments early enough to ensure that 

Docket Management receives them not 

later than August 14, 2009. 

ADDRESSES: Comments must refer to the 

docket notice number cited at the 

beginning of this notice and be 

submitted to Docket Management, Room 

W12–140, ground level, 1200 New 

Jersey Ave., SE., Washington, DC 20590 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590. 

• Hand Delivery/Courier: 1200 New 

Jersey Avenue, SE., West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. Telephone: 

1–800–647–5527. 

• Fax: (202) 493–2251. 

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.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) or you may visit http:// 

docketsinfo.dot.gov/. 

Docket: For access to the docket to 

read background documents or 

comments received, go to the street 

address listed above. The internet access 

to the docket will be at http:// 

www.regulations.gov. Follow the online 

instructions for accessing the dockets. 

FOR FURTHER INFORMATION CONTACT: 

Hisham Mohamed, Consumer Standards 

Division, National Highway Traffic 

Safety Administration, 1200 New Jersey 

Ave., SE., West Building, Room W43– 

437, NVS–131, Washington, DC 20590. 

Mr. Mohamed’s telephone number is 

202–366–0307; E-mail: 

hisham.mohamed@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The agency’s bumper standard, set 

forth at 49 CFR part 581, establishes 

requirements for the impact resistance 

of vehicles in low speed front and rear 

collisions. The purpose of the standard 

is to reduce physical damage to the front 

and rear ends of a passenger motor 

vehicle from low speed collisions. The 

standard applies to passenger motor 

vehicles other than multipurpose 

passenger vehicles and low speed 

vehicles. 

The history of the Part 581 bumper 

standard has been long and complex. In 

its initial efforts in the field of bumper 

regulation, NHTSA issued Federal 


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