Inflation Adjustment of Maximum Forfeiture Penalties, 49370-49372 [2013-19770]
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49370
Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Rules and Regulations
(7) Information indicating that a
relevant taxpayer who received advance
payments of the premium tax credit in
the reference tax year did not file a tax
return for the reference tax year
reconciling the advance payments of the
premium tax credit with any premium
tax credit under section 36B of the
Internal Revenue Code available for that
year.
(b) Relevant taxpayer defined. For
purposes of paragraph (a) of this section,
a relevant taxpayer is defined to be any
individual listed, by name and social
security number, on an application
submitted pursuant to Title I, Subtitle E,
of the Patient Protection and Affordable
Care Act, whose income may bear upon
a determination of any advance
payment of any premium tax credit
under section 36B of the Internal
Revenue Code, cost-sharing reduction
under section 1402 of the Patient
Protection and Affordable Care Act, or
eligibility for any program described in
section 6103(l)(21)(A) of the Internal
Revenue Code.
(c) Reference tax year defined. For
purposes of section 6103(l)(21)(A) of the
Internal Revenue Code and this section,
the reference tax year is the first
calendar year or, where no return
information is available in that year, the
second calendar year, prior to the
submission of an application pursuant
to Title I, Subtitle E, of the Patient
Protection and Affordable Care Act.
(d) Effective/applicability date. This
section applies to disclosures to the
Department of Health and Human
Services on or after August 14, 2013.
Beth Tucker,
Acting Deputy Commissioner for Services and
Enforcement.
Approved: July 10, 2013.
Mark J. Mazur,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 2013–19728 Filed 8–13–13; 8:45 am]
under its rules governing monetary
forfeiture proceedings to account for
inflation. The inflation adjustment is
necessary to implement the Debt
Collection Improvement Act of 1996
(DCIA), which requires federal agencies
to adjust ‘‘civil monetary penalties
provided by law’’ at least once every
four years.
DATES: Effective September 13, 2013.
FOR FURTHER INFORMATION CONTACT:
Kimbarly Taylor, Enforcement Bureau,
Telecommunication Consumers
Division, 202–418–1188.
SUPPLEMENTARY INFORMATION: This is a
summary of the Order by the
Commission, DA 13–1615, adopted on
August 1, 2013, and released on August
1, 2013. The complete text of this Order
is available for inspection and copying
during normal business hours in the
FCC Reference Information Center,
Courtyard Level, 445 12th Street SW.,
Washington, DC and also may be
purchased from the Commission’s copy
contractor, Best Copy and Printing, Inc.,
at (202) 488–5300, Room CY–B402,
Portals II at 445 12th Street SW.,
Washington, DC.
This Order amends § 1.80(b) of the
Commission’s rules, 47 CFR 1.80(b), to
increase the maximum civil penalties
established in that section to account for
inflation since the last adjustment to
these penalties. The adjustment
procedure is set forth in detail in
§ 1.80(b)(9) of the Commission’s rules.
That section implements the Debt
Collection Improvement Act of 1996, 28
U.S.C. 2461 note, which requires federal
agencies to adjust maximum statutory
civil monetary penalties at least once
every four years.
This Order adjusts the maximum
penalties to account for the cost-ofliving increase in the Consumer Price
Index (CPI) between June of the year the
forfeiture amount was last set or
adjusted,1 and June 2012. Once the cost-
BILLING CODE 4830–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
mstockstill on DSK4VPTVN1PROD with RULES
[DA 13–1615]
Inflation Adjustment of Maximum
Forfeiture Penalties
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
This document increases the
maximum civil monetary forfeiture
penalties available to the Commission
SUMMARY:
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1 Under the rounding rules set forth in
§ 1.80(b)(9)(ii), 47 CFR 1.80(b)(9)(ii), the inflationary
adjustment for a statutory forfeiture amount must
reach a specific threshold before the Commission
may increase the maximum forfeiture amount. That
adjustment is based on the difference between the
CPI of ‘‘June of the preceding year’’ (here, June
2012) and that of June of the year a particular
forfeiture was ‘‘last set or adjusted.’’ 47 CFR
1.80(b)(9)(i). Thus, different CPIs may be used to
calculate the inflation factors for different statutory
forfeitures, depending on when a particular
forfeiture was last increased. Specifically, we
calculate the difference between the CPI for June
2012 and: June 2011 (to adjust the penalties for
227(e) of the Communications Act of 1934, as
amended (Communications Act or Act)), June 2010
(to adjust the penalties for Section 503(b)(2)(F)),
June 2008 (to adjust the penalties for Sections
202(c), 203(e), 220(d), 223(b), 364(a), 386(a),
503(b)(2)(A), 503(b)(2)(B), 503(b)(2)(D), 506(a), and
634), June 2007 (to adjust the penalties for Section
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of-living adjustment is calculated for the
relevant period, each existing maximum
penalty is multiplied by the cost-ofliving adjustment percentage. See 28
U.S.C. 2461 note 5(a). Each result is
then rounded using the statutorily
defined rules, which are set forth in the
Commission’s rules at 47 CFR
1.80(b)(9)(ii).2 Finally, the rounded
result is added to the existing penalty
amount to adjust each maximum
monetary forfeiture penalty
accordingly.3
Because Congress has mandated these
periodic rule changes and the
Commission is required to make them,
we find that, for good cause, compliance
with the notice and comment provisions
of the Administrative Procedure Act is
unnecessary. See 5 U.S.C 553(b)(B).
Likewise, because a notice of
proposed rulemaking is not required for
these rule changes, the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq.,
does not apply.
Further, the Commission has analyzed
the actions taken here with respect to
the Paperwork Reduction Act of 1995
503(b)(2)(C)), June 2004 (to adjust the penalties for
Sections 205(b), 214(d), and 219(b)), and June 1997
(to adjust the penalties for Sections 364(b), 386(b),
and 506(b)).
2 Based on our application of the rounding rules,
there are a number of penalties currently set forth
in § 1.80(b) of the Commission’s rules that do not
require adjustments for inflation at this time,
including the penalties imposed pursuant to
Sections 202(c), 203(e), 214(d), 219(b), 220(d),
227(e) (the amounts for a single violation or single
day of a violation), 364(a) & (b), 386(a) & (b),
503(b)(2)(A) (the amount for a single violation or
single day of a violation), 503(b)(2)(D) (the amount
for a single violation or single day of a violation),
506(a) & (b), and 634 of the Act. We also do not
alter the penalties imposed pursuant to Sections
6507(b)(4) and 6507(b)(5) of the Middle Class Tax
Relief and Job Creation Act of 2012 because the
Commission only implemented the Tax Relief Act
in 2012. See Implementation of the Middle Class
Tax Relief and Job Creation Act of 2012, 72 FR
71131, 71134 (November 29, 2012). Accordingly,
the only penalties adjusted in this order are those
set forth in Sections 205(b), 223(b), 227(e) (for
continuing violations), 503(b)(2)(A) (for continuing
violations), 503(b)(2)(B), 503(b)(2)(C), 503(b)(2)(D)
(for continuing violations), and 503(b)(2)(F).
3 Pursuant to the DCIA, § 1.80(b)(9) includes a
note that specifies one further consideration: ‘‘[T]he
first inflation adjustment [of a given penalty] cannot
exceed 10 percent of the [existing] statutory
maximum amount,’’ 47 CFR 1.80(b)(9) note. The
§ 1.80(b)(9) note was inadvertently omitted from
§ 1.80(b) of the Commission’s rules when the
penalties in that section were previously adjusted.
This order corrects that omission by reinserting the
§ 1.80(b)(9) note in the § 1.80 rules. Relevant to the
§ 1.80(b)(9) note requirement, there are three sets of
penalties addressed in this order that the
Commission has not previously adjusted for
inflation: the penalties set forth in Section 227(e) of
the Act (continuing violations), those set forth in
Section 503(b)(2)(C) of the Act, and those set forth
in Section 503(b)(2)(F) of the Act. With respect to
Section 227(e), Section 503(b)(2)(C), and Section
503(b)(2)(F) of the Act, our adjustments do not
exceed 10 percent of the existing statutory
maximum forfeiture amounts.
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Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Rules and Regulations
(PRA), and we find them to impose no
new or modified information collection
subject to the PRA. In addition,
therefore, pursuant to the Small
Business Paperwork Relief Act of 2002,
the Commission’s actions do not impose
any new or modified ‘‘information
collection burden for small business
concerns with fewer than 25
employees.’’ See 44 U.S.C. 3506(c)(4).
The Commission will send a copy of
this order to Congress and the
Government Accountability Office
pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 1
Administrative practice and
procedure, Penalties.
Federal Communications Commission.
David Kolker,
Deputy Bureau Chief, Enforcement Bureau.
Rule Changes
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 1 as
follows:
PART 1—PRACTICE AND
PROCEDURE
1. The authority citation for part 1
continues to read as follows:
■
Authority: 15 U.S.C. 79 et seq., 47 U.S.C.
151, 154(i) and (j), 155, 157, 225, 227, 303(r),
and 309.
§ 1.80
[Amended]
2. Amend § 1.80 as follows:
a. Revise paragraphs (b)(1) through
(b)(4).
■ b. Revise paragraph (b)(7).
■ c. Redesignate the note to paragraph
(b)(5) as note to paragraph (b)(8) and
revise the third and fourth sentences of
its introductory text.
■ d. Revise the table in Section III of the
note to paragraph (b)(8).
■ e. Revise the fourth sentence in
paragraph (b)(9)(i).
■ f. Revise the table in paragraph
(b)(9)(iii).
■ g. Add note to paragraph (b)(9).
■
■
§ 1.80
Forfeiture proceedings.
*
*
*
*
*
(b) Limits on the amount of forfeiture
assessed. (1) If the violator is a
broadcast station licensee or permittee,
a cable television operator, or an
applicant for any broadcast or cable
television operator license, permit,
certificate, or other instrument of
authorization issued by the
Commission, except as otherwise noted
in this paragraph, the forfeiture penalty
under this section shall not exceed
$37,500 for each violation or each day
of a continuing violation, except that the
amount assessed for any continuing
violation shall not exceed a total of
$400,000 for any single act or failure to
act described in paragraph (a) of this
section. There is no limit on forfeiture
assessments for EEO violations by cable
operators that occur after notification by
the Commission of a potential violation.
See section 634(f)(2) of the
Communications Act. Notwithstanding
the foregoing in this section, if the
violator is a broadcast station licensee or
permittee or an applicant for any
broadcast license, permit, certificate, or
other instrument of authorization issued
by the Commission, and if the violator
is determined by the Commission to
have broadcast obscene, indecent, or
profane material, the forfeiture penalty
under this section shall not exceed
$350,000 for each violation or each day
of a continuing violation, except that the
amount assessed for any continuing
violation shall not exceed a total of
$3,300,000 for any single act or failure
to act described in paragraph (a) of this
section.
(2) If the violator is a common carrier
subject to the provisions of the
Communications Act or an applicant for
any common carrier license, permit,
certificate, or other instrument of
authorization issued by the
Commission, the amount of any
forfeiture penalty determined under this
section shall not exceed $160,000 for
each violation or each day of a
continuing violation, except that the
amount assessed for any continuing
violation shall not exceed a total of
$1,575,000 for any single act or failure
to act described in paragraph (a) of this
section.
(3) If the violator is a manufacturer or
service provider subject to the
requirements of section 255, 716, or 718
of the Communications Act, and is
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Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
202(c) Common Carrier Discrimination ...........................................
203(e) Common Carrier Tariffs ........................................................
205(b) Common Carrier Prescriptions .............................................
214(d) Common Carrier Line Extensions ........................................
219(b) Common Carrier Reports .....................................................
220(d) Common Carrier Records & Accounts .................................
223(b) Dial-a-Porn ............................................................................
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15:59 Aug 13, 2013
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determined by the Commission to have
violated any such requirement, the
manufacturer or service provider shall
be liable to the United States for a
forfeiture penalty of not more than
$105,000 for each violation or each day
of a continuing violation, except that the
amount assessed for any continuing
violation shall not exceed a total of
$1,050,000 for any single act or failure
to act.
(4) Any person determined to have
violated section 227(e) of the
Communications Act or the rules issued
by the Commission under section 227(e)
of the Communications Act shall be
liable to the United States for a
forfeiture penalty of not more than
$10,000 for each violation or three times
that amount for each day of a continuing
violation, except that the amount
assessed for any continuing violation
shall not exceed a total of $1,025,000 for
any single act or failure to act. Such
penalty shall be in addition to any other
forfeiture penalty provided for by the
Communications Act.
*
*
*
*
*
(7) In any case not covered in
paragraphs (b)(1) through (b)(6) of this
section, the amount of any forfeiture
penalty determined under this section
shall not exceed $16,000 for each
violation or each day of a continuing
violation, except that the amount
assessed for any continuing violation
shall not exceed a total of $122,500 for
any single act or failure to act described
in paragraph (a) of this section.
(8) * * *
Note to paragraph (b)(8): * * * The
forfeiture ceilings per violation or per
day for a continuing violation stated in
section 503 of the Communications Act
and the Commission’s rules are
described in § 1.80(b)(9). These statutory
maxima became effective September 13,
2013. * * *
*
*
*
*
*
Section III. Non-Section 503 Forfeitures
That Are Affected by the Downward
Adjustment Factors
*
*
*
*
Statutory amount
($)
Violation
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Frm 00013
Fmt 4700
$9,600, 530/day.
9,600, 530/day.
23,200.
1,320/day.
1,320.
9,600/day.
80,000/day.
Sfmt 4700
49371
E:\FR\FM\14AUR1.SGM
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*
49372
Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Rules and Regulations
Violation
Statutory amount
($)
Sec. 227(e) ...............................................................................................
10,000/violation. 30,000/day for each day of continuing violation, up to
1,025,000 for any single act or failure to act.
7,500 (owner).
1,100 (vessel master).
7,500/day (owner).
1,100 (vessel master).
650/day.
Sec.
Sec.
Sec.
Sec.
Sec.
364(a) Forfeitures (Ships) ................................................................
364(b) Forfeitures (Ships) ................................................................
386(a) Forfeitures (Ships) ................................................................
386(b) Forfeitures (Ships) ................................................................
634 Cable EEO ................................................................................
(9) * * *
(i) * * * Round off this result using
the rules in paragraph (b)(9)(ii) of this
section. * * *
*
*
*
*
*
(iii) * * *
U.S. Code citation
Maximum penalty after DCIA
adjustment
($)
47
47
47
47
47
47
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
205(b)
214(d)
219(b)
220(d)
223(b)
227(e)
................
................
................
................
................
................
47
47
47
47
47
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
362(a) ................
362(b) ................
386(a) ................
386(b) ................
503(b)(2)(A) .......
47 U.S.C. 503(b)(2)(B) .......
47 U.S.C. 503(b)(2)(C) .......
47 U.S.C. 503(b)(2)(D) .......
47 U.S.C. 503(b)(2)(F) .......
Federal Transit Administration
49 CFR Part 611
[Docket No. FTA–2010–0009]
Notice of Availability of New Starts and
Small Starts Policy Guidance
Federal Transit Administration
(FTA), DOT.
9,600 ACTION: Notice of availability of policy
530 guidance.
47 U.S.C. 202(c) .................
47 U.S.C. 203(e) ................
DEPARTMENT OF TRANSPORTATION
9,600
530
23,200
1,320
1,320
9,600
80,000
10,000
30,000
1,025,000
7,500
1,100
7,500
1,100
37,500
400,000
160,000
1,575,000
350,000
3,300,000
16,000
122,500
105,000
1,050,000
750
110
650
AGENCY:
The Federal Transit
Administration (FTA) is issuing final
policy guidance to sponsors of New
Starts and Small Starts projects. This
guidance is available both on the docket
and the agency’s public Web site. This
final guidance includes changes made
in response to comments received on
the guidance proposed in January 2013,
and accompanies the final rule for Major
Capital Investment Projects promulgated
in January 2013. The rule sets the
framework for the New Starts and Small
Starts evaluation and rating process; the
policy guidance complements the rule
by providing technical details about the
methods for calculating the project
justification and local financial
commitment criteria used to evaluate
and rate New Starts and Small Starts
projects.
SUMMARY:
Note to paragraph (b)(9): Pursuant to
Public Law 104–134, the first inflation
adjustment cannot exceed 10 percent of
the statutory maximum amount.
*
*
*
*
*
This final policy guidance is
effective August 14, 2013.
FOR FURTHER INFORMATION CONTACT: For
program matters, Elizabeth Day, FTA
Office of Planning and Environment,
telephone (202) 366–5159 or
Elizabeth.Day@dot.gov. For legal
matters, Scott Biehl, FTA of Chief
Counsel, telephone (202) 366–0826 or
Scott.Biehl@dot.gov.
[FR Doc. 2013–19770 Filed 8–13–13; 8:45 am]
SUPPLEMENTARY INFORMATION:
47 U.S.C. 507(a) ................
47 U.S.C. 507(b) ................
47 U.S.C. 554 .....................
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BILLING CODE 6712–01–P
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Jkt 229001
DATES:
Pursuant
to 49 U.S.C. 5309(g)(5), FTA is obliged
to publish policy guidance on the
review and evaluation process and
criteria for capital investment projects
each time the agency makes significant
changes to the process and criteria, and
in any event, at least once every two
years. Also, FTA is obliged to invite
public comment on the guidance, and to
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publish its response to comments. In
this instance, FTA is publishing final
policy guidance after having reviewed
the comments received on the proposed
policy guidance published on January 9,
2013, at 78 FR 2038. The final policy
guidance is available in its entirety on
FTA’s public Web site at https://
www.fta.dot.gov and in the docket at
https://www.regulations.gov. It is
approximately 40 typewritten pages in
length. The final policy guidance
addresses, in detail, measures and
methods for calculating the project
justification and local financial
commitment criteria for New Starts and
Small Starts projects. The final policy
guidance sets forth breakpoints for
determining whether a project rates
‘‘high,’’ ‘‘medium-high,’’ ‘‘medium,’’
‘‘low-medium,’’ or ‘‘low’’ on each of the
various criteria. Additionally, the final
policy guidance addresses the weighting
of the criteria and measures to arrive at
an overall project rating. The final
policy guidance accompanies the final
rule for Major Capital Investment
projects issued on January 9, 2013, at 78
FR 1992–2037, and codified at 49 CFR
Part 611.
FTA received 392 separate comments
on the proposed policy guidance from
50 commenters, including cities, transit
operators, state agencies, metropolitan
planning organizations, non-profit
organizations, a private business, and an
interested citizen. Again, FTA’s
summary and response to these
comments is available both on the
agency’s public Web site at https://
www.fta.dot.gov and in the docket at
https://www.regulations.gov. The public
comments are available, in their
entirety, on the docket at https://
www.regulations.gov.
This final policy guidance is effective
immediately. This policy guidance
provides technical details necessary for
FTA to apply the evaluation and rating
criteria codified in the final rule at 49
CFR Part 611, which took effect on April
9, 2013. Sponsors of New Starts and
Small Starts projects need this final
guidance to gather and submit the data
and information on which their projects
will be evaluated and rated, so that their
projects can move forward. In turn, FTA
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]]>Agencies
[Federal Register Volume 78, Number 157 (Wednesday, August 14, 2013)]
[Rules and Regulations]
[Pages 49370-49372]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19770]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[DA 13-1615]
Inflation Adjustment of Maximum Forfeiture Penalties
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document increases the maximum civil monetary forfeiture
penalties available to the Commission under its rules governing
monetary forfeiture proceedings to account for inflation. The inflation
adjustment is necessary to implement the Debt Collection Improvement
Act of 1996 (DCIA), which requires federal agencies to adjust ``civil
monetary penalties provided by law'' at least once every four years.
DATES: Effective September 13, 2013.
FOR FURTHER INFORMATION CONTACT: Kimbarly Taylor, Enforcement Bureau,
Telecommunication Consumers Division, 202-418-1188.
SUPPLEMENTARY INFORMATION: This is a summary of the Order by the
Commission, DA 13-1615, adopted on August 1, 2013, and released on
August 1, 2013. The complete text of this Order is available for
inspection and copying during normal business hours in the FCC
Reference Information Center, Courtyard Level, 445 12th Street SW.,
Washington, DC and also may be purchased from the Commission's copy
contractor, Best Copy and Printing, Inc., at (202) 488-5300, Room CY-
B402, Portals II at 445 12th Street SW., Washington, DC.
This Order amends Sec. 1.80(b) of the Commission's rules, 47 CFR
1.80(b), to increase the maximum civil penalties established in that
section to account for inflation since the last adjustment to these
penalties. The adjustment procedure is set forth in detail in Sec.
1.80(b)(9) of the Commission's rules. That section implements the Debt
Collection Improvement Act of 1996, 28 U.S.C. 2461 note, which requires
federal agencies to adjust maximum statutory civil monetary penalties
at least once every four years.
This Order adjusts the maximum penalties to account for the cost-
of-living increase in the Consumer Price Index (CPI) between June of
the year the forfeiture amount was last set or adjusted,\1\ and June
2012. Once the cost-of-living adjustment is calculated for the relevant
period, each existing maximum penalty is multiplied by the cost-of-
living adjustment percentage. See 28 U.S.C. 2461 note 5(a). Each result
is then rounded using the statutorily defined rules, which are set
forth in the Commission's rules at 47 CFR 1.80(b)(9)(ii).\2\ Finally,
the rounded result is added to the existing penalty amount to adjust
each maximum monetary forfeiture penalty accordingly.\3\
---------------------------------------------------------------------------
\1\ Under the rounding rules set forth in Sec. 1.80(b)(9)(ii),
47 CFR 1.80(b)(9)(ii), the inflationary adjustment for a statutory
forfeiture amount must reach a specific threshold before the
Commission may increase the maximum forfeiture amount. That
adjustment is based on the difference between the CPI of ``June of
the preceding year'' (here, June 2012) and that of June of the year
a particular forfeiture was ``last set or adjusted.'' 47 CFR
1.80(b)(9)(i). Thus, different CPIs may be used to calculate the
inflation factors for different statutory forfeitures, depending on
when a particular forfeiture was last increased. Specifically, we
calculate the difference between the CPI for June 2012 and: June
2011 (to adjust the penalties for 227(e) of the Communications Act
of 1934, as amended (Communications Act or Act)), June 2010 (to
adjust the penalties for Section 503(b)(2)(F)), June 2008 (to adjust
the penalties for Sections 202(c), 203(e), 220(d), 223(b), 364(a),
386(a), 503(b)(2)(A), 503(b)(2)(B), 503(b)(2)(D), 506(a), and 634),
June 2007 (to adjust the penalties for Section 503(b)(2)(C)), June
2004 (to adjust the penalties for Sections 205(b), 214(d), and
219(b)), and June 1997 (to adjust the penalties for Sections 364(b),
386(b), and 506(b)).
\2\ Based on our application of the rounding rules, there are a
number of penalties currently set forth in Sec. 1.80(b) of the
Commission's rules that do not require adjustments for inflation at
this time, including the penalties imposed pursuant to Sections
202(c), 203(e), 214(d), 219(b), 220(d), 227(e) (the amounts for a
single violation or single day of a violation), 364(a) & (b), 386(a)
& (b), 503(b)(2)(A) (the amount for a single violation or single day
of a violation), 503(b)(2)(D) (the amount for a single violation or
single day of a violation), 506(a) & (b), and 634 of the Act. We
also do not alter the penalties imposed pursuant to Sections
6507(b)(4) and 6507(b)(5) of the Middle Class Tax Relief and Job
Creation Act of 2012 because the Commission only implemented the Tax
Relief Act in 2012. See Implementation of the Middle Class Tax
Relief and Job Creation Act of 2012, 72 FR 71131, 71134 (November
29, 2012). Accordingly, the only penalties adjusted in this order
are those set forth in Sections 205(b), 223(b), 227(e) (for
continuing violations), 503(b)(2)(A) (for continuing violations),
503(b)(2)(B), 503(b)(2)(C), 503(b)(2)(D) (for continuing
violations), and 503(b)(2)(F).
\3\ Pursuant to the DCIA, Sec. 1.80(b)(9) includes a note that
specifies one further consideration: ``[T]he first inflation
adjustment [of a given penalty] cannot exceed 10 percent of the
[existing] statutory maximum amount,'' 47 CFR 1.80(b)(9) note. The
Sec. 1.80(b)(9) note was inadvertently omitted from Sec. 1.80(b)
of the Commission's rules when the penalties in that section were
previously adjusted. This order corrects that omission by
reinserting the Sec. 1.80(b)(9) note in the Sec. 1.80 rules.
Relevant to the Sec. 1.80(b)(9) note requirement, there are three
sets of penalties addressed in this order that the Commission has
not previously adjusted for inflation: the penalties set forth in
Section 227(e) of the Act (continuing violations), those set forth
in Section 503(b)(2)(C) of the Act, and those set forth in Section
503(b)(2)(F) of the Act. With respect to Section 227(e), Section
503(b)(2)(C), and Section 503(b)(2)(F) of the Act, our adjustments
do not exceed 10 percent of the existing statutory maximum
forfeiture amounts.
---------------------------------------------------------------------------
Because Congress has mandated these periodic rule changes and the
Commission is required to make them, we find that, for good cause,
compliance with the notice and comment provisions of the Administrative
Procedure Act is unnecessary. See 5 U.S.C 553(b)(B).
Likewise, because a notice of proposed rulemaking is not required
for these rule changes, the Regulatory Flexibility Act, 5 U.S.C. 601 et
seq., does not apply.
Further, the Commission has analyzed the actions taken here with
respect to the Paperwork Reduction Act of 1995
[[Page 49371]]
(PRA), and we find them to impose no new or modified information
collection subject to the PRA. In addition, therefore, pursuant to the
Small Business Paperwork Relief Act of 2002, the Commission's actions
do not impose any new or modified ``information collection burden for
small business concerns with fewer than 25 employees.'' See 44 U.S.C.
3506(c)(4).
The Commission will send a copy of this order to Congress and the
Government Accountability Office pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 1
Administrative practice and procedure, Penalties.
Federal Communications Commission.
David Kolker,
Deputy Bureau Chief, Enforcement Bureau.
Rule Changes
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 1 as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 15 U.S.C. 79 et seq., 47 U.S.C. 151, 154(i) and (j),
155, 157, 225, 227, 303(r), and 309.
Sec. 1.80 [Amended]
0
2. Amend Sec. 1.80 as follows:
0
a. Revise paragraphs (b)(1) through (b)(4).
0
b. Revise paragraph (b)(7).
0
c. Redesignate the note to paragraph (b)(5) as note to paragraph (b)(8)
and revise the third and fourth sentences of its introductory text.
0
d. Revise the table in Section III of the note to paragraph (b)(8).
0
e. Revise the fourth sentence in paragraph (b)(9)(i).
0
f. Revise the table in paragraph (b)(9)(iii).
0
g. Add note to paragraph (b)(9).
Sec. 1.80 Forfeiture proceedings.
* * * * *
(b) Limits on the amount of forfeiture assessed. (1) If the
violator is a broadcast station licensee or permittee, a cable
television operator, or an applicant for any broadcast or cable
television operator license, permit, certificate, or other instrument
of authorization issued by the Commission, except as otherwise noted in
this paragraph, the forfeiture penalty under this section shall not
exceed $37,500 for each violation or each day of a continuing
violation, except that the amount assessed for any continuing violation
shall not exceed a total of $400,000 for any single act or failure to
act described in paragraph (a) of this section. There is no limit on
forfeiture assessments for EEO violations by cable operators that occur
after notification by the Commission of a potential violation. See
section 634(f)(2) of the Communications Act. Notwithstanding the
foregoing in this section, if the violator is a broadcast station
licensee or permittee or an applicant for any broadcast license,
permit, certificate, or other instrument of authorization issued by the
Commission, and if the violator is determined by the Commission to have
broadcast obscene, indecent, or profane material, the forfeiture
penalty under this section shall not exceed $350,000 for each violation
or each day of a continuing violation, except that the amount assessed
for any continuing violation shall not exceed a total of $3,300,000 for
any single act or failure to act described in paragraph (a) of this
section.
(2) If the violator is a common carrier subject to the provisions
of the Communications Act or an applicant for any common carrier
license, permit, certificate, or other instrument of authorization
issued by the Commission, the amount of any forfeiture penalty
determined under this section shall not exceed $160,000 for each
violation or each day of a continuing violation, except that the amount
assessed for any continuing violation shall not exceed a total of
$1,575,000 for any single act or failure to act described in paragraph
(a) of this section.
(3) If the violator is a manufacturer or service provider subject
to the requirements of section 255, 716, or 718 of the Communications
Act, and is determined by the Commission to have violated any such
requirement, the manufacturer or service provider shall be liable to
the United States for a forfeiture penalty of not more than $105,000
for each violation or each day of a continuing violation, except that
the amount assessed for any continuing violation shall not exceed a
total of $1,050,000 for any single act or failure to act.
(4) Any person determined to have violated section 227(e) of the
Communications Act or the rules issued by the Commission under section
227(e) of the Communications Act shall be liable to the United States
for a forfeiture penalty of not more than $10,000 for each violation or
three times that amount for each day of a continuing violation, except
that the amount assessed for any continuing violation shall not exceed
a total of $1,025,000 for any single act or failure to act. Such
penalty shall be in addition to any other forfeiture penalty provided
for by the Communications Act.
* * * * *
(7) In any case not covered in paragraphs (b)(1) through (b)(6) of
this section, the amount of any forfeiture penalty determined under
this section shall not exceed $16,000 for each violation or each day of
a continuing violation, except that the amount assessed for any
continuing violation shall not exceed a total of $122,500 for any
single act or failure to act described in paragraph (a) of this
section.
(8) * * *
Note to paragraph (b)(8): * * * The forfeiture ceilings per
violation or per day for a continuing violation stated in section 503
of the Communications Act and the Commission's rules are described in
Sec. 1.80(b)(9). These statutory maxima became effective September 13,
2013. * * *
* * * * *
Section III. Non-Section 503 Forfeitures That Are Affected by the
Downward Adjustment Factors
* * * * *
------------------------------------------------------------------------
Violation Statutory amount ($)
------------------------------------------------------------------------
Sec. 202(c) Common Carrier $9,600, 530/day.
Discrimination.
Sec. 203(e) Common Carrier Tariffs..... 9,600, 530/day.
Sec. 205(b) Common Carrier 23,200.
Prescriptions.
Sec. 214(d) Common Carrier Line 1,320/day.
Extensions.
Sec. 219(b) Common Carrier Reports..... 1,320.
Sec. 220(d) Common Carrier Records & 9,600/day.
Accounts.
Sec. 223(b) Dial-a-Porn................ 80,000/day.
[[Page 49372]]
Sec. 227(e)............................ 10,000/violation. 30,000/day
for each day of continuing
violation, up to 1,025,000 for
any single act or failure to
act.
Sec. 364(a) Forfeitures (Ships)........ 7,500 (owner).
Sec. 364(b) Forfeitures (Ships)........ 1,100 (vessel master).
Sec. 386(a) Forfeitures (Ships)........ 7,500/day (owner).
Sec. 386(b) Forfeitures (Ships)........ 1,100 (vessel master).
Sec. 634 Cable EEO..................... 650/day.
------------------------------------------------------------------------
(9) * * *
(i) * * * Round off this result using the rules in paragraph
(b)(9)(ii) of this section. * * *
* * * * *
(iii) * * *
------------------------------------------------------------------------
Maximum penalty
U.S. Code citation after DCIA
adjustment ($)
------------------------------------------------------------------------
47 U.S.C. 202(c)....................................... 9,600
530
47 U.S.C. 203(e)....................................... 9,600
530
47 U.S.C. 205(b)....................................... 23,200
47 U.S.C. 214(d)....................................... 1,320
47 U.S.C. 219(b)....................................... 1,320
47 U.S.C. 220(d)....................................... 9,600
47 U.S.C. 223(b)....................................... 80,000
47 U.S.C. 227(e)....................................... 10,000
30,000
1,025,000
47 U.S.C. 362(a)....................................... 7,500
47 U.S.C. 362(b)....................................... 1,100
47 U.S.C. 386(a)....................................... 7,500
47 U.S.C. 386(b)....................................... 1,100
47 U.S.C. 503(b)(2)(A)................................. 37,500
400,000
47 U.S.C. 503(b)(2)(B)................................. 160,000
1,575,000
47 U.S.C. 503(b)(2)(C)................................. 350,000
3,300,000
47 U.S.C. 503(b)(2)(D)................................. 16,000
122,500
47 U.S.C. 503(b)(2)(F)................................. 105,000
1,050,000
47 U.S.C. 507(a)....................................... 750
47 U.S.C. 507(b)....................................... 110
47 U.S.C. 554.......................................... 650
------------------------------------------------------------------------
Note to paragraph (b)(9): Pursuant to Public Law 104-134, the first
inflation adjustment cannot exceed 10 percent of the statutory maximum
amount.
* * * * *
[FR Doc. 2013-19770 Filed 8-13-13; 8:45 am]
BILLING CODE 6712-01-P
