PUBLIC LAW 95-619—NOV. 9, 1978 SEC. 402. CIVIL PENALTIES EFFICIENCY.
RELATING
TO
AUTOMOBILE
92 STAT. 3255 FUEL
Section 508 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2008) is amended by adding at the end thereof the following new subsections: " (d)(1)(A) The Secretary shall, by rule in accordance with the provisions of this subsection and subsection (e), substitute a higher amount for the amount per tenth of a mile per gallon which would be used to calculate the civil penalty under subsection (b)(1) in the absence of such rule, if the Secretary finds that— "(i) the additional amount of the civil penalty which may be imposed under such rule will result in, or substantially further, substantial energy conservation for automobiles in future model years for which such higher penalty may be imposed; and "(ii) subject to subparagraph (B), such additional amount of civil penalty will not result in substantial deleterious impacts on the economy of the United States or of any State or region of any State. "(B) Any findings under subparagraph (A) (ii) may be made only if the Secretary finds that it is likely that— "(i) such additional amount of civil penalty will not cause a significant increase in unemployment in any State or region thereof; "(ii) such additional amount will not adversely affect competition; and "(iii) such additional amount will not cause a significant increase in automobile imports. .,. • t "(2) Any rule under paragraph (1) may not provide that the amount per tenth of a mile per gallon used to calculate the civil penalty under subsection (b)(1) be less than $5.00 or more than $10.00. "(3) Any rule prescribed under paragraph (1) shall be effective for the later of— "(A) automobile model years beginning after model year 1981, or "(B) automobile model years beginning at least 18 months after such rule becomes final. "(4) Any rule prescribed under paragraph (1) shall provide that the amount per tenth of a mile per gallon used to calculate a credit under subsection (a)(3) for any model year shall equal the amount per tenth of a mile per gallon applicable to the calculation of the civil penalty for which the credit is allowed. "(e)(1)(A) After the Secretary of Transportation develops a pro- Publication in posed rule pursuant to subsection (d), he shall publish such proposed Federal Register, rule in the Federal Register, together with a statement of the basis for such rule, and provide copies thereof to the manufacturers. He shall then provide a period of public comment on such rule of at least 45 days for written comments thereon. A copy of any such proposed rule shall be transmitted by the Secretary to the Federal Trade Commission and the Secretary shall request such Commission to comment thereon within the period provided to the public concerning such prol* posed rule. "(B) After such written comment period, any interested person, (including the Federal Trade Commission) shall be afforded an opportunity to present oral data, views, and arguments at a public hearing concerning such proposal. At such hearing such interested person
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