---
kind: "section"
citation: "40 C.F.R. § 33.410"
title: "40"
number: "33.410"
heading: "Can a recipient be penalized for failing to meet its fair share objectives?"
url: "https://uscodex.org/cfr/40/33.410"
---

# §33.410. Can a recipient be penalized for failing to meet its fair share objectives?


A recipient cannot be penalized, or treated by EPA as being in noncompliance with this subpart, solely because its MBE or WBE participation does not meet its applicable fair share objective. However, EPA may take remedial action under [§ 33.105](/cfr/40/33.105.md) for a recipient's failure to comply with other provisions of this part, including, but not limited to, the good faith efforts requirements described in [subpart C](/cfr/40/subpartC.md) of this part.


## Notes

### Authority

Authority: 15 U.S.C. 637 note; 42 U.S.C. 4370d, 7601 note, 9605(f); E.O. 11625, 36 FR 19967, 3 CFR, 1971 Comp., p. 213; E.O. 12138, 49 FR 29637, 3 CFR, 1979 Comp., p. 393; E.O. 12432, 48 FR 32551, 3 CFR, 1983 Comp., p. 198, 2 CFR part 200.

### Source

Source: 73 FR 15913, Mar. 26, 2008, unless otherwise noted.