Civil Penalties; Notice of Adjusted Maximum Amounts, 71554-71555 [2011-29817]

Download as PDF 71554 Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Notices Dated: November 14, 2011. James H. Lecky, Director, Office of Protected Resources, National Marine Fisheries Service. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in connection with the products proposed for addition to the Procurement List. Comments on this certification are invited. Commenters should identify the statement(s) underlying the certification on which they are providing additional information. [FR Doc. 2011–29851 Filed 11–17–11; 8:45 am] BILLING CODE 3510–22–P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Additions Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Proposed Additions to the Procurement List. AGENCY: The Committee is proposing to add products to the Procurement List that will be furnished by the nonprofit agency employing persons who are blind or have other severe disabilities. DATES: Comments Must Be Received On or Before: 12/19/2011. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202–3259. SUMMARY: FOR FURTHER INFORMATION OR TO SUBMIT COMMENTS CONTACT: Patricia Briscoe, Telephone: (703) 603–7740, Fax: (703) 603–0655, or email CMTEFedReg@AbilityOne.gov. SUPPLEMENTARY INFORMATION: This notice is published pursuant to 41 U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions. End of Certification The following products are proposed for addition to the Procurement List for production by the nonprofit agency listed: Products NSN: 8920–00–NSH–0130—Sweet Roll Mix, 6—5 lb bags. NSN: 8920–00–NSH–0131—Sweet Roll Mix, 6—4 lb cans. NSN: 8920–00–NSH–0132—Hot Roll Mix, 6—5 lb bags. NSN: 8920–00–NSH–0133—Hot Roll Mix, 6—4 lb cans. NPA: Transylvania Vocational Services, Inc., Brevard, NC. Contracting Activity: Defense Logistics Agency Troop Support, Philadelphia, PA. Coverage: C-List for 100% of the requirement of the Department of Defense, as aggregated by the Defense Logistics Agency Troop Support, Philadelphia, PA. Patricia Briscoe, Deputy Director, Business Operations, (Pricing and Information Management). [FR Doc. 2011–29827 Filed 11–17–11; 8:45 am] BILLING CODE 6353–01–P mstockstill on DSK4VPTVN1PROD with NOTICES Additions If the Committee approves the proposed additions, the entities of the Federal Government identified in this notice will be required to procure the products listed below from the nonprofit agency employing persons who are blind or have other severe disabilities. CONSUMER PRODUCT SAFETY COMMISSION Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. If approved, the action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organization that will furnish the products to the Government. 2. If approved, the action will result in authorizing small entities to furnish the products to the Government. SUMMARY: VerDate Mar<15>2010 17:44 Nov 17, 2011 Jkt 226001 Civil Penalties; Notice of Adjusted Maximum Amounts Consumer Product Safety Commission. ACTION: Notice of adjusted maximum civil penalty amounts. AGENCY: In 1990, Congress enacted statutory amendments that provided for periodic adjustments to the maximum civil penalty amounts authorized under the Consumer Product Safety Act, the Federal Hazardous Substances Act, and the Flammable Fabrics Act. On August 14, 2009, the Consumer Product Safety Improvement Act of 2008 (CPSIA) increased the maximum civil penalty amounts to $100,000 for each violation and $15,000,000 for any related series of violations. The CPSIA also revised the starting date, from December 1, 1994 to December 1, 2011, on which the PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 Commission must prescribe and publish in the Federal Register the schedule of maximum authorized penalties. As calculated in accordance with the amendments, the new amounts are $100,000 for each violation, and $15,150,000 for any related series of violations. DATES: The new amounts will become effective on January 1, 2012. FOR FURTHER INFORMATION CONTACT: Amy S. Colvin, Attorney, Office of the General Counsel, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504–7639; email acolvin@cpsc.gov. SUPPLEMENTARY INFORMATION: The Consumer Product Safety Improvement Act of 1990 (Improvement Act), Public Law 101–608, 104 Stat. 3110 (November 16, 1990), and the Consumer Product Safety Improvement Act of 2008 (CPSIA), Public Law 110–314, 122 Stat. 3016 (August 14, 2008), amended the Consumer Product Safety Act (CPSA), the Federal Hazardous Substances Act (FHSA), and the Flammable Fabrics Act (FFA). The Improvement Act added civil penalty authority to the FHSA and FFA, which previously contained only criminal penalties. 15 U.S.C. 1264(c) and 1194(e). The Improvement Act also increased the maximum civil penalty amounts applicable to civil penalties under the CPSA and set the same maximum amounts for the newly created FHSA and FFA civil penalties. 15 U.S.C. 2069(a)(1), 1264(c)(1), and 1194(e)(1). The Improvement Act directed the Commission to adjust the maximum civil penalty amounts periodically for inflation: (A) The maximum penalty amounts authorized in paragraph (1) shall be adjusted for inflation as provided in this paragraph. (B) Not later than December 1, 1994, and December 1 of each fifth calendar year thereafter, the Commission shall prescribe and publish in the Federal Register a schedule of maximum authorized penalties that shall apply for violations that occur after January 1 of the year immediately following such publication. (C) The schedule of maximum authorized penalties shall be prescribed by increasing each of the amounts referred to in paragraph (1) by the costof-living adjustment for the preceding 5 years. Any increase determined under the preceding sentence shall be rounded to— (i) In the case of penalties greater than $1,000 but less than or equal to $10,000, the nearest multiple of $1,000; E:\FR\FM\18NON1.SGM 18NON1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Notices (ii) In the case of penalties greater than $10,000 but less than or equal to $100,000, the nearest multiple of $5,000; (iii) In the case of penalties greater than $100,000 but less than or equal to $200,000, the nearest multiple of $10,000; and (iv) In the case of penalties greater than $200,000, the nearest multiple of $25,000. (D) For purposes of this subsection: (i) The term ‘‘Consumer Price Index’’ means the Consumer Price Index for allurban consumers published by the Department of Labor. (ii) The term ‘‘cost-of-living adjustment for the preceding five years’’ means the percentage by which– (I) The Consumer Price Index for the month of June of the calendar year preceding the adjustment; exceeds (II) The Consumer Price Index for the month of June preceding the date on which the maximum authorized penalty was last adjusted. 15 U.S.C. 2069(a)(3), 1264(c)(6), and 1194(e)(5). The CPSIA amended the CPSA, FHSA, and FFA to increase the maximum civil penalty amounts to $100,000 for each violation, and $15,000,000 for any related series of violations. 15 U.S.C. 2069(a)(1), 1264(c)(1), and 1194(e)(1). The CPSIA also revised the starting date from December 1, 1994, and every fifth year thereafter, to no later than December 1, 2011, on which ‘‘the Commission shall prescribe and publish in the Federal Register a schedule of maximum authorized penalties that shall apply for violations that occur after January 1 of the year immediately following such publication.’’ The Commission’s Directorate for Economics has calculated that the costof-living adjustment increases the maximum civil penalty amounts to $101,053 for each violation, and to $15,157,981 for any related series of violations. Rounding off these numbers in accordance with the statutory directions, the adjusted maximum amounts are $100,000 for each violation, and $15,150,000 for any related series of violations. These new amounts will apply to violations that occur after January 1, 2012. Dated: November 15, 2011. Todd A. Stevenson, Secretary, Consumer Product Safety Commission. [FR Doc. 2011–29817 Filed 11–17–11; 8:45 am] BILLING CODE 6355–01–P VerDate Mar<15>2010 17:44 Nov 17, 2011 Jkt 226001 DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID DOD–2011–OS–0128] Proposed Collection; Comment Request Department of Defense, Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics, Office of the Deputy Under Secretary of Defense for Installations and Environment, Office of Economic Adjustment (OEA). ACTION: Notice. AGENCY: In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, OEA announces a new proposed collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, through the use of automated collection techniques and other forms of information technology. DATES: Consideration will be given to all comments received by January 17, 2012. ADDRESSES: You may submit comments, identified by docket number and title, by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Federal Docket Management System Office, 4800 Mark Center Drive, 2nd Floor, East Tower, Suite 02G09, Alexandria, VA 22350–3100. Instructions: All submissions received must include the agency name, docket number and title for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at https:// www.regulations.gov as they are received without change, including any personal identifiers or contact information. SUMMARY: To request further information on this proposed collection, or to obtain a copy of the associated program announcement, please write to the Office of Economic Adjustment, ATTN: FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 71555 Mr. David F. Witschi, OEA Associate Director, 400 Army Navy Drive, Suite 200, Arlington, VA 22202–2884, or call Mr. David Witschi at (703) 604–6020. Title, Associated Form, and OMB Number: Application Information— Public Schools on Military Installations; OMB Control Number 0790–TBD. Needs and Uses: This is a request for information to qualify for noncompetitive funds. OEA is authorized to provide up to $250 million ‘‘to make grants, conclude cooperative agreements, or supplement other Federal funds to construct, renovate, repair, or expand elementary and secondary public schools on military installations in order to address capacity or facility condition deficiencies at such schools.’’ Local Education Agencies (LEAs) representing the schools with the most serious capacity and facility condition deficiencies will be invited to submit a request for funding. Only LEAs that operate a public school on a military installation, and receive a written invitation from OEA, may request funds under this program. LEAs that are invited to apply will be asked by OEA to submit a project proposal within 90 days using the Application for Federal Assistance Standard Form 424 (OMB Number: 4040–0004). Proposal information listed in the September 9, 2011 Federal Register notice (76 FR 55883–55886) will supplement the application and assist OEA in determining compliance with legal and programmatic requirements. Grant awards will be made to successful applicants until the available funds are exhausted. Affected Public: Local Education Agencies. Annual Burden Hours: 330. Number of Annual Respondents: 15. Annual Responses to Respondent: 1. Average Burden per Response: 22 hours. Frequency: On occasion. SUPPLEMENTARY INFORMATION: The Secretary of Defense is authorized by Section 8109 of Public Law 112–10, the Department of Defense and FullYear Continuing Appropriations Act, 2011, and is choosing to act through OEA, to provide up to $250 million ‘‘to make grants, conclude cooperative agreements, or supplement other Federal funds to construct, renovate, repair, or expand elementary and secondary public schools on military installations in order to address capacity or facility condition deficiencies at such schools: Provided further, that in making such funds available, OEA shall give priority consideration to those military installations with schools E:\FR\FM\18NON1.SGM 18NON1

Agencies

Consumer Product Safety Commission

[Federal Register Volume 76, Number 223 (Friday, November 18, 2011)]
[Notices]
[Pages 71554-71555]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29817]


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CONSUMER PRODUCT SAFETY COMMISSION


Civil Penalties; Notice of Adjusted Maximum Amounts

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of adjusted maximum civil penalty amounts.

-----------------------------------------------------------------------

SUMMARY: In 1990, Congress enacted statutory amendments that provided 
for periodic adjustments to the maximum civil penalty amounts 
authorized under the Consumer Product Safety Act, the Federal Hazardous 
Substances Act, and the Flammable Fabrics Act. On August 14, 2009, the 
Consumer Product Safety Improvement Act of 2008 (CPSIA) increased the 
maximum civil penalty amounts to $100,000 for each violation and 
$15,000,000 for any related series of violations. The CPSIA also 
revised the starting date, from December 1, 1994 to December 1, 2011, 
on which the Commission must prescribe and publish in the Federal 
Register the schedule of maximum authorized penalties. As calculated in 
accordance with the amendments, the new amounts are $100,000 for each 
violation, and $15,150,000 for any related series of violations.

DATES: The new amounts will become effective on January 1, 2012.

FOR FURTHER INFORMATION CONTACT: Amy S. Colvin, Attorney, Office of the 
General Counsel, U.S. Consumer Product Safety Commission, 4330 East 
West Highway, Bethesda, MD 20814; telephone (301) 504-7639; email 
acolvin@cpsc.gov.

SUPPLEMENTARY INFORMATION: The Consumer Product Safety Improvement Act 
of 1990 (Improvement Act), Public Law 101-608, 104 Stat. 3110 (November 
16, 1990), and the Consumer Product Safety Improvement Act of 2008 
(CPSIA), Public Law 110-314, 122 Stat. 3016 (August 14, 2008), amended 
the Consumer Product Safety Act (CPSA), the Federal Hazardous 
Substances Act (FHSA), and the Flammable Fabrics Act (FFA). The 
Improvement Act added civil penalty authority to the FHSA and FFA, 
which previously contained only criminal penalties. 15 U.S.C. 1264(c) 
and 1194(e). The Improvement Act also increased the maximum civil 
penalty amounts applicable to civil penalties under the CPSA and set 
the same maximum amounts for the newly created FHSA and FFA civil 
penalties. 15 U.S.C. 2069(a)(1), 1264(c)(1), and 1194(e)(1).
    The Improvement Act directed the Commission to adjust the maximum 
civil penalty amounts periodically for inflation:
    (A) The maximum penalty amounts authorized in paragraph (1) shall 
be adjusted for inflation as provided in this paragraph.
    (B) Not later than December 1, 1994, and December 1 of each fifth 
calendar year thereafter, the Commission shall prescribe and publish in 
the Federal Register a schedule of maximum authorized penalties that 
shall apply for violations that occur after January 1 of the year 
immediately following such publication.
    (C) The schedule of maximum authorized penalties shall be 
prescribed by increasing each of the amounts referred to in paragraph 
(1) by the cost-of-living adjustment for the preceding 5 years. Any 
increase determined under the preceding sentence shall be rounded to--
    (i) In the case of penalties greater than $1,000 but less than or 
equal to $10,000, the nearest multiple of $1,000;

[[Page 71555]]

    (ii) In the case of penalties greater than $10,000 but less than or 
equal to $100,000, the nearest multiple of $5,000;
    (iii) In the case of penalties greater than $100,000 but less than 
or equal to $200,000, the nearest multiple of $10,000; and
    (iv) In the case of penalties greater than $200,000, the nearest 
multiple of $25,000.
    (D) For purposes of this subsection:
    (i) The term ``Consumer Price Index'' means the Consumer Price 
Index for all-urban consumers published by the Department of Labor.
    (ii) The term ``cost-of-living adjustment for the preceding five 
years'' means the percentage by which-
    (I) The Consumer Price Index for the month of June of the calendar 
year preceding the adjustment; exceeds
    (II) The Consumer Price Index for the month of June preceding the 
date on which the maximum authorized penalty was last adjusted. 15 
U.S.C. 2069(a)(3), 1264(c)(6), and 1194(e)(5).
    The CPSIA amended the CPSA, FHSA, and FFA to increase the maximum 
civil penalty amounts to $100,000 for each violation, and $15,000,000 
for any related series of violations. 15 U.S.C. 2069(a)(1), 1264(c)(1), 
and 1194(e)(1). The CPSIA also revised the starting date from December 
1, 1994, and every fifth year thereafter, to no later than December 1, 
2011, on which ``the Commission shall prescribe and publish in the 
Federal Register a schedule of maximum authorized penalties that shall 
apply for violations that occur after January 1 of the year immediately 
following such publication.''
    The Commission's Directorate for Economics has calculated that the 
cost-of-living adjustment increases the maximum civil penalty amounts 
to $101,053 for each violation, and to $15,157,981 for any related 
series of violations. Rounding off these numbers in accordance with the 
statutory directions, the adjusted maximum amounts are $100,000 for 
each violation, and $15,150,000 for any related series of violations. 
These new amounts will apply to violations that occur after January 1, 
2012.

    Dated: November 15, 2011.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2011-29817 Filed 11-17-11; 8:45 am]
BILLING CODE 6355-01-P

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