Page:United States Statutes at Large Volume 108 Part 2.djvu/375

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PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1091 (E) other relevant and reliable information available to the Secretary, (2) In preparing each report, the Secretary shall consult with the Attorney General and State and local law enforcement officials, as appropriate. (3) The report under subsection (b) of this section shall— (A) cover a period of at least 4 years after the standards required by this chapter are prescribed; and (B) reflect any information, as appropriate, from the report under subsection (a) of this section, updated from the date of the report. (4) At least 90 days before submitting each report to Congress, Publication, the Secretary shall publish a proposed report for public review and an opportunity of at least 45 days for written comment. The Secretary shall consider those comments in preparing the report to be submitted and include a summary of the comments with the submitted report. §33114. Prohibited acts (a) GENERAL.—A person may not— (1) manufacture for sale, sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States, a motor vehicle or major replacement part subject to a standard prescribed under section 33102 or 33103 of this title, unless it conforms to the standard; (2) fail to comply with a regulation prescribed by the Secretary of Transportation or Attorney General under this chapter; (3) fail to keep specified records, refuse access to or copying of records, fail to make reports or provide items or information, or fail or refuse to allow entry or inspection, as required by this chapter; (4) fail to provide the certification required by section 33108(c) of this title, or provide a certification that the person knows, or in the exercise of reasonable care has reason to know, is false or misleading in a material respect; or (5) knowingly— (A) own, operate, maintain, or control a chop shop; (B) conduct operations in a chop shop; or (C) transport a passenger motor vehicle or passenger motor vehicle part to or from a chop shop. (b) NONAPPLICATION. —Subsection (a)(1) of this section does not apply to a person establishing that in the exercise of reasonable care the person did not have reason to know that the motor vehicle or major replacement part was not in conformity with the standard. § 33115. Civil penalties and enforcement (a) GENERAL PENALTY AND CIVIL ACTIONS TO COLLECT. — (1) A person that violates section 33114(a)(l)-(4) of this title is liable to the United States Government for a civil penalty of not more than $1,000 for each violation. The failure of more than one part of a single motor vehicle to conform to an applicable standard under section 33102 or 33103 of this title is only a single violation. The maximum penalty under this subsection for a related series of violations is $250,000.