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Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Proposed Rules
human environment to the extent that manufacturers may be more likely to expend credit balances on Model Year 2019 through 2021 vehicles than if the civil penalty rate remained at $5.50 for those model years. Lacking such credits in future years, manufacturers would be more likely to make improvements to the fuel economy of their fleets to avoid paying the higher civil penalty rates that would occur under either alternative.
Additionally, higher civil penalty rates in Model Years 2019 through 2021 may cause manufacturers to more rapidly implement fuel-saving technology so that they may accrue credits to be carried back to cover compliance shortfalls. But NHTSA does not expect any differences in the impacts under either of the alternatives to rise to the level of significance that would necessitate the preparation of an Environmental Impact Statement.
Based on the information in this Draft EA, and assuming no additional information or changed circumstances, NHTSA expects to make a Finding of No Significant Impact FONSI. Such a finding will not be made before careful review of all public comments received.
If NHTSA determines it is appropriate to do so, a Final EA and a FONSI will be issued as part of the final rule.

of the interim final rule or a subsequent final rule may be obtained pursuant to 5 U.S.C. 702.

6. Executive Order 12988 Civil Justice Reform
PART 578CIVIL AND CRIMINAL
PENALTIES

This rulemaking is not expected to have a preemptive effect. This rulemaking is also not expected to have a retroactive effect, and NHTSA requests comment on this point. Judicial review

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7. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1980, NHTSA states that there are no requirements for information collection associated with this rulemaking action.
8. Privacy Act Please note that anyone is able to search the electronic form of all comments received into any of DOTs 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 DOTs complete Privacy Act Statement in the Federal Register published on April 11, 2000
65 FR 19477, or you may visit https
www.transportation.gov/privacy.
List of Subjects in 49 CFR Part 578
Imports, Motor vehicle safety, Motor vehicles, Penalties, Rubber and rubber products, Tires.
In consideration of the foregoing, the National Highway Traffic Safety Administration proposes to amend 49
CFR part 578 as set forth below.

1. The authority citation for 49 CFR
part 578 continues to read as follows:

Authority: Pub. L. 101410, 104 Stat. 890;
Pub. L. 104134, 110 Stat. 1321; Pub. L. 109
59, 119 Stat. 1144; Pub. L. 11474, 129 Stat.

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584; Pub. L. 11494, 129 Stat. 1312; 49 U.S.C.
30165, 30170, 30505, 32308, 32309, 32507, 32709, 32710, 32902, 32912, and 33115;
delegation of authority at 49 CFR 1.81, 1.95.

2. Amend 578.6 by revising paragraph h2 to read as follows:

578.6 Civil penalties for violations of specified provisions of Title 49 of the United States Code.

h
2 Except as provided in 49 U.S.C.
32912c, beginning with model year 2019, 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 $14, plus any adjustments for inflation that occurred or may occur for model years before model year 2019, the civil penalty is $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.
32904a1A or B for automobiles to which the standard applies produced 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 in Washington, DC, under authority delegated in 49 CFR 1.95, and 501.5.
Steven S. Cliff, Acting Administrator.
FR Doc. 202117842 Filed 81821; 11:15 am BILLING CODE 491059P

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