Page:United States Statutes at Large Volume 108 Part 2.djvu/357

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1073 Records. Public information. Federal Register, publication. ments and to direct questions about disputed issues of material fact to— (A) other interested persons making oral presentations; (B) employees and contractors of the Government that made written comments or an oral presentation or participated in the development or consideration of the proposed regulation; and (C) experts and consultants that provided information to a person that the person includes, or refers to, in an oral presentation. (3) The Secretary may restrict the questions of an interested person and the Commission when the Secretary decides that the questions are duplicative or not likely to result in a timely and effective resolution of the issues. A transcript shall be kept of a public hearing under this subsection. A copy of the transcript and written comments shall be available to the public at the cost of reproduction. (4) The Secretary shall publish a regulation prescribed under this subsection in the Federal Register with the decisions required under paragraph (1) of this subsection. (5) An officer or employee of a department, agency, or instrumentality of the Government violates section 1905 of title 18 by disclosing, except in an in camera proceeding by the Secretary or a court, information— (A) provided to the Secretary or the court during consideration or review of a regulation prescribed under this subsection; and (B) decided by the Secretary to be confidential under section 11(d) of the Energy Supply and Environmental Coordination Act of 1974 (15 U.S.C. 796(d)). (d) WRITTEN NOTICE REQUIREMENT.—The Secretary shall impose a penalty under this section by written notice. §32913. Compromising and remitting civil penalties (a) GENERAL AUTHORITY AND LIMITATIONS.— The Secretary of Transportation may compromise or remit the amount of a civil penalty imposed under section 32912(a) or (b) of this title. However, the amount of a penalty imposed under section 32912(b) may be compromised or remitted only to the extent— (1) necessary to prevent the insolvency or bankruptcy of the manufacturer of automobiles; (2) the manufacturer shows that the violation was caused by an act of God, a strike, or a fire; or (3) the Federal Trade Commission certifies under subsection (b)(1) of this section that a reduction in the penalty is necessary to prevent a substantial lessening of competition. (b) PENALTY REDUCTION BY COMMISSION. — (1) A manufacturer liable for a civil penalty under section 32912(b) of this title may apply to the Commission for a certification that the penalty should be reduced to prevent a substantial lessening of competition in the segment of the motor vehicle industry subject to the standard that was violated. The Commission shall make the certification Certification, when it finds that reduction is necessary to prevent the lessening. The Commission shall state in the certification the maximum amount by which the penalty may be reduced. (2) An application under this subsection must be made not later than 30 days after the Secretary decides that the manufacturer

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