Adjustments to Civil Penalty Amounts, 2539-2541 [2021-00483]
Download as PDF
<![CDATA[
Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Rules and Regulations
arrival time of the passenger’s original
flight; and (3) at least 400 percent of the
fare to the passenger’s destination or
first stopover, or $1,550, whichever is
lower, if the carrier does not offer
alternate transportation that is planned
to arrive at the airport of the passenger’s
destination or first stopover less than
2539
two hours after the planned arrival time
of the passenger’s original flight.
0 to 1 hour arrival delay ................ No compensation.
1 to 2 hour arrival delay ................ 200% of one-way fare (carriers may limit this amount to $775 if it is higher than $775).*
Over 2 hours arrival delay ............ 400% of one-way fare (carriers may limit this amount to $1,550 if it is higher than $1,550).*
* Nothing in the Department of Transportation’s regulation prohibits carriers from offering denied boarding compensations in an amount
more than the amount calculated according to the chart above, or more than the denied boarding compensation liability limit amounts
stated in the chart.
International Transportation
Passengers traveling from the United
States to a foreign point who are denied
boarding involuntarily from an oversold
flight originating at a U.S. airport are
entitled to: (1) No compensation if the
carrier offers alternate transportation
that is planned to arrive at the
passenger’s destination or first stopover
not later than one hour after the planned
arrival time of the passenger’s original
flight; (2) at least 200 percent of the fare
to the passenger’s destination or first
stopover, or $775, whichever is lower, if
the carrier offers alternate transportation
that is planned to arrive at the
passenger’s destination or first stopover
more than one hour but less than four
hours after the planned arrival time of
the passenger’s original flight; and (3) at
least 400 percent of the fare to the
passenger’s destination or first stopover,
or $1,550, whichever is lower, if the
carrier does not offer alternate
transportation that is planned to arrive
at the airport of the passenger’s
destination or first stopover less than
four hours after the planned arrival time
of the passenger’s original flight.
0 to 1 hour arrival delay ................ No compensation.
1 to 4 hour arrival delay ................ 200% of one-way fare (carriers may limit this amount to $775 if it is higher than $775).**
Over 4 hours arrival delay ............ 400% of one-way fare (carriers may limit this amount to $1,550 if it is higher than 1,550).**
** Nothing in the Department of Transportation’s regulation prohibits carriers from offering denied boarding compensations in an
amount more than the amount calculated according to the chart above, or more than the denied boarding compensation liability limit
amounts stated in the chart.
*
*
*
*
Issued in Washington, DC, on this 15th day
of December 2020, pursuant to authority
delegated in 49 CFR 1.27(n).
Steven G. Bradbury,
General Counsel.
*
PART 254—DOMESTIC BAGGAGE
LIABILITY
7. The authority citation for 14 CFR
part 254 continues to read as follows:
■
[FR Doc. 2020–28001 Filed 1–12–21; 8:45 am]
BILLING CODE 4910–9X–P
Authority: 49 U.S.C. 40113, 41501, 41504,
41510, 41702, and 41707.
§ 254.4
FEDERAL TRADE COMMISSION
[Amended]
8. Section 254.4 is amended by
removing ‘‘$3,500’’ and adding ‘‘$3,800’’
in its place.
16 CFR Part 1
§ 254.5
AGENCY:
■
[Amended]
9. Section 254.5(b) is amended by
removing ‘‘$3,500’’ and adding ‘‘$3,800’’
in its place.
■
10. Section 254.6 is revised to read as
follows:
■
§ 254.6
Periodic adjustments.
The Department of Transportation
will review the domestic baggage
liability limit prescribed in this part
every two years. The Department will
use the Consumer Price Index for All
Urban Consumers as of July of each
review year to calculate the revised
domestic baggage liability limit amount.
The Department will use the following
formula: $2500 × (a/b) rounded to the
nearest $100, where a = July CPI–U of
year of current adjustment and b = the
CPI–U figure in December 1999 when
the inflation adjustment provision was
added to this part.
VerDate Sep<11>2014
16:05 Jan 12, 2021
Jkt 253001
Adjustments to Civil Penalty Amounts
ACTION:
Federal Trade Commission.
Final rule.
The Federal Trade
Commission (‘‘FTC’’ or ‘‘Commission’’)
is implementing adjustments to the civil
penalty amounts within its jurisdiction
to account for inflation, as required by
law.
DATES: Effective January 13, 2021.
FOR FURTHER INFORMATION CONTACT:
Kenny A. Wright, Attorney (202–326–
2907), or Marie Choi, Attorney (202–
326–3368), Office of the General
Counsel, FTC, 600 Pennsylvania
Avenue NW, Washington, DC 20580.
SUPPLEMENTARY INFORMATION: The
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 1 directs agencies to adjust the civil
SUMMARY:
1 Public Law 114–74, sec. 701, 129 Stat. 599
(2015). The Act amends the Federal Civil Penalties
Inflation Adjustment Act (‘‘FCPIAA’’), Public Law
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
penalty maximums under their
jurisdiction for inflation every January.
Accordingly, the Commission issues
annual adjustments to the maximum
civil penalty amounts under its
jurisdiction.2
Commission Rule § 1.98 sets forth the
applicable civil penalty amounts for
violations of certain laws enforced by
the Commission.3 As directed by the
FCPIAA, the Commission is issuing
adjustments to increase these maximum
civil penalty amounts to address
inflation since its prior 2020
adjustment. The following adjusted
amounts will take effect on January 13,
2021:
• Section 7A(g)(1) of the Clayton Act,
15 U.S.C. 18a(g)(1) (premerger filing
notification violations under the HartScott-Rodino Improvements Act)—
Increase from $43,280 to $43,792;
• Section 11(l) of the Clayton Act, 15
U.S.C. 21(l) (violations of cease and
desist orders issued under Clayton Act
section 11(b))—Increase from $22,994 to
$23,266;
• Section 5(l) of the FTC Act, 15
U.S.C. 45(l) (unfair or deceptive acts or
practices)—Increase from $43,280 to
$43,792;
• Section 5(m)(1)(A) of the FTC Act,
15 U.S.C. 45(m)(1)(A) (unfair or
101–410, 104 Stat. 890 (codified at 28 U.S.C. 2461
note).
2 81 FR 42476 (2016); 82 FR 8135 (2017); 83 FR
2902 (2018); 84 FR 3980 (2019), 85 FR 2014 (2020).
3 16 CFR 1.98.
E:\FR\FM\13JAR1.SGM
13JAR1
2540
Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Rules and Regulations
deceptive acts or practices)—Increase
from $43,280 to $43,792;
• Section 5(m)(1)(B) of the FTC Act,
15 U.S.C. 45(m)(1)(B) (unfair or
deceptive acts or practices)—Increase
from $43,280 to $43,792;
• Section 10 of the FTC Act, 15 U.S.C.
50 (failure to file required reports)—
Increase from $569 to $576;
• Section 5 of the Webb-Pomerene
(Export Trade) Act, 15 U.S.C. 65 (failure
by associations engaged solely in export
trade to file required statements)—
Increase from $569 to $576;
• Section 6(b) of the Wool Products
Labeling Act, 15 U.S.C. 68d(b) (failure
by wool manufacturers to maintain
required records)—Increase from $569
to $576;
• Section 3(e) of the Fur Products
Labeling Act, 15 U.S.C. 69a(e) (failure to
maintain required records regarding fur
products)—Increase from $569 to $576;
• Section 8(d)(2) of the Fur Products
Labeling Act, 15 U.S.C. 69f(d)(2) (failure
to maintain required records regarding
fur products)—Increase from $569 to
$576;
• Section 333(a) of the Energy Policy
and Conservation Act, 42 U.S.C. 6303(a)
(knowing violations of EPCA sec. 332,
including labeling violations)—Increase
from $468 to $474;
• Section 525(a) of the Energy Policy
and Conservation Act, 42 U.S.C. 6395(a)
(recycled oil labeling violations)—
Increase from $22,994 to $23,266;
• Section 525(b) of the Energy Policy
and Conservation Act, 42 U.S.C. 6395(b)
(willful violations of recycled oil
labeling requirements)—Increase from
$43,280 to $43,792;
• Section 621(a)(2) of the Fair Credit
Reporting Act, 15 U.S.C. 1681s(a)(2)
(knowing violations of the Fair Credit
Reporting Act)—Increase from $4,063 to
$4,111;
• Section 1115(a) of the Medicare
Prescription Drug Improvement and
Modernization Act of 2003, Public Law
108–173, as amended by Public Law
115–263, 21 U.S.C. 355 note (failure to
comply with filing requirements)—
Increase from $15,301 to $15,482; and
• Section 814(a) of the Energy
Independence and Security Act of 2007,
42 U.S.C. 17304 (violations of
prohibitions on market manipulation
and provision of false information to
Federal agencies)—Increase from
$1,231,690 to $1,246,249.
Calculation of Inflation Adjustments
The FCPIAA, as amended, directs
Federal agencies to adjust each civil
monetary penalty under their
jurisdiction for inflation in January of
each year pursuant to a cost-of-living
adjustment.4 The cost-of-living
adjustment is based on the percent
change between the U.S. Department of
Labor’s Consumer Price Index for allurban consumers (‘‘CPI–U’’) for the
month of October preceding the date of
the adjustment, and the CPI–U for
October of the prior year.5 Based on that
formula, the cost-of-living adjustment
multiplier for 2021 is 1.01182. The
FCPIAA also directs that these penalty
level adjustments should be rounded to
the nearest dollar. Agencies do not have
discretion over whether to adjust a
maximum civil penalty, or the method
used to determine the adjustment.
The following chart illustrates the
application of these adjustments to the
civil monetary penalties under the
Commission’s jurisdiction.
CALCULATION OF ADJUSTMENTS TO MAXIMUM CIVIL MONETARY PENALTIES
Citation
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
1.98(a): 15 U.S.C. 18a(g)(1) ..........
1.98(b): 15 U.S.C. 21(l) .................
1.98(c): 15 U.S.C. 45(l) ..................
1.98(d): 15 U.S.C. 45(m)(1)(A) ......
1.98(e): 15 U.S.C. 45(m)(1)(B) ......
1.98(f): 15 U.S.C. 50 ......................
1.98(g): 15 U.S.C. 65 .....................
1.98(h): 15 U.S.C. 68d(b) ..............
1.98(i): 15 U.S.C. 69a(e) ...............
1.98(j): 15 U.S.C. 69f(d)(2) ............
1.98(k): 42 U.S.C. 6303(a) ............
1.98(l): 42 U.S.C. 6395(a) .............
1.98(l): 42 U.S.C. 6395(b) .............
1.98(m): 15 U.S.C. 1681s(a)(2) .....
1.98(n): 21 U.S.C. 355 note ..........
1.98(o): 42 U.S.C. 17304 ...............
Premerger filing notification violations ........
Violations of cease and desist orders .........
Unfair or deceptive acts or practices ..........
Unfair or deceptive acts or practices ..........
Unfair or deceptive acts or practices ..........
Failure to file required reports .....................
Failure to file required statements ..............
Failure to maintain required records ...........
Failure to maintain required records ...........
Failure to maintain required records ...........
Knowing violations .......................................
Recycled oil labeling violations ...................
Willful violations ...........................................
Knowing violations .......................................
Non-compliance with filing requirements ....
Market manipulation or provision of false
information to Federal agencies.
Effective Dates of New Penalties
These new penalty levels apply to
civil penalties assessed after the
effective date of the applicable
adjustment, including civil penalties
whose associated violation predated the
effective date.6 These adjustments do
not retrospectively change previously
assessed or enforced civil penalties that
4 28
U.S.C. 2461 note (4).
(3), (5)(b); Office of Management and Budget,
Memorandum M–21–10, Implementation of Penalty
Inflation Adjustments for 2021, Pursuant to the
Federal Civil Penalties Inflation Adjustment Act
5 Id.
VerDate Sep<11>2014
17:17 Jan 12, 2021
2020 Penalty
level
Description
Jkt 253001
$43,280
22,994
43,280
43,280
43,280
569
569
569
569
569
468
22,994
43,280
4,063
15,301
1,231,690
Adjustment
multiplier
1.01182
1.01182
1.01182
1.01182
1.01182
1.01182
1.01182
1.01182
1.01182
1.01182
1.01182
1.01182
1.01182
1.01182
1.01182
1.01182
2021 Penalty
level
(rounded to the
nearest dollar)
$43,792
23,266
43,792
43,792
43,792
576
576
576
576
576
474
23,266
43,792
4,111
15,482
1,246,249
The FCPIAA, as amended, directs
agencies to adjust civil monetary
penalties through rulemaking and to
publish the required inflation
adjustments in the Federal Register,
notwithstanding section 553 of title 5,
United States Code. Pursuant to this
congressional mandate, prior public
notice and comment under the APA and
a delayed effective date are not required.
For this reason, the requirements of the
Regulatory Flexibility Act (‘‘RFA’’) also
do not apply.7 Further, this rule does
not contain any collection of
Improvements Act of 2015 (December 23, 2020),
available at: https://www.whitehouse.gov/wpcontent/uploads/2020/12/M-21-10.pdf.
6 28 U.S.C. 2461 note (6).
7 A regulatory flexibility analysis under the RFA
is required only when an agency must publish a
notice of proposed rulemaking for comment. See 5
U.S.C. 603.
the FTC is actively collecting or has
collected.
Procedural Requirements
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
E:\FR\FM\13JAR1.SGM
13JAR1
Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Rules and Regulations
information requirements as defined by
the Paperwork Reduction Act of 1995 as
amended. 44 U.S.C. 3501 et seq.
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), the Office of
Information and Regulatory Affairs
designated this rule as not a ‘‘major
rule,’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 16 CFR Part 1
Administrative practice and
procedure, Penalties, Trade practices.
Text of Amendments
For the reasons set forth in the
preamble, the Federal Trade
Commission amends title 16, chapter I,
subchapter A, of the Code of Federal
Regulations, as follows:
PART 1—GENERAL PROCEDURES
Subpart L—Civil Penalty Adjustments
Under the Federal Civil Penalties
Inflation Adjustment Act of 1990, as
Amended
1. The authority citation for part 1,
subpart L, continues to read as follows:
U.S.C. 6395(a) and (b), respectively—
$23,266 and $43,792, respectively;
(m) Section 621(a)(2) of the Fair
Credit Reporting Act, 15 U.S.C.
1681s(a)(2)—$4,111;
(n) Section 1115(a) of the Medicare
Prescription Drug Improvement and
Modernization Act of 2003, Public Law
108–173, as amended by Public Law
115–263, 21 U.S.C. 355 note—$15,482;
(o) Section 814(a) of the Energy
Independence and Security Act of 2007,
42 U.S.C. 17304—$1,246,249; and
(p) Civil monetary penalties
authorized by reference to the Federal
Trade Commission Act under any other
provision of law within the jurisdiction
of the Commission—refer to the
amounts set forth in paragraphs (c), (d),
(e) and (f) of this section, as applicable.
By direction of the Commission.
April J. Tabor,
Acting Secretary.
[FR Doc. 2021–00483 Filed 1–12–21; 8:45 am]
BILLING CODE 6750–01–P
■
Authority: 28 U.S.C. 2461 note.
■
2. Revise § 1.98 to read as follows:
§ 1.98 Adjustment of civil monetary
penalty amounts.
VerDate Sep<11>2014
16:05 Jan 12, 2021
Jkt 253001
SUPPLEMENTARY INFORMATION:
Executive Summary
Purpose of the Regulatory Action
This rule is needed to carry out the
requirements of the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 and Office of
Management and Budget guidance M–
21–10. The rule adjusts, as required for
2021, the maximum civil penalties
under 29 CFR 4071 and 29 CFR 4302
that the Pension Benefit Guaranty
Corporation (PBGC) may assess for
failure to provide certain notices or
other material information and certain
multiemployer plan notices.
PBGC’s legal authority for this action
comes from the Federal Civil Penalties
Inflation Adjustment Act of 1990 as
amended by the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015 and from sections
4002(b)(3), 4071, and 4302 of the
Employee Retirement Income Security
Act of 1974 (ERISA).
PENSION BENEFIT GUARANTY
CORPORATION
Major Provisions of the Regulatory
Action
29 CFR Parts 4071 and 4302
This rule adjusts as required by law
the maximum civil penalties that PBGC
may assess under sections 4071 and
4302 of ERISA. The new maximum
amounts are $2,259 for section 4071
penalties and $301 for section 4302
penalties.
RIN 1212–AB45
This section makes inflation
adjustments in the dollar amounts of
civil monetary penalties provided by
law within the Commission’s
jurisdiction. The following maximum
civil penalty amounts apply only to
penalties assessed after January 13,
2021, including those penalties whose
associated violation predated January
13, 2021.
(a) Section 7A(g)(1) of the Clayton
Act, 15 U.S.C. 18a(g)(1)—$43,792;
(b) Section 11(l) of the Clayton Act, 15
U.S.C. 21(l)—$23,266;
(c) Section 5(l) of the FTC Act, 15
U.S.C. 45(l)—$43,792;
(d) Section 5(m)(1)(A) of the FTC Act,
15 U.S.C. 45(m)(1)(A)—$43,792;
(e) Section 5(m)(1)(B) of the FTC Act,
15 U.S.C. 45(m)(1)(B)—$43,792;
(f) Section 10 of the FTC Act, 15
U.S.C. 50—$576;
(g) Section 5 of the Webb-Pomerene
(Export Trade) Act, 15 U.S.C. 65—$576;
(h) Section 6(b) of the Wool Products
Labeling Act, 15 U.SC. 68d(b)—$576;
(i) Section 3(e) of the Fur Products
Labeling Act, 15 U.S.C. 69a(e)—$576;
(j) Section 8(d)(2) of the Fur Products
Labeling Act, 15 U.S.C. 69f(d)(2)—$576;
(k) Section 333(a) of the Energy Policy
and Conservation Act, 42 U.S.C.
6303(a)—$474;
(l) Sections 525(a) and (b) of the
Energy Policy and Conservation Act, 42
2541
Adjustment of Civil Penalties for
Inflation
Pension Benefit Guaranty
Corporation.
ACTION: Final rule.
AGENCY:
The Pension Benefit Guaranty
Corporation is required to amend its
regulations annually to adjust for
inflation the maximum civil penalty for
failure to provide certain notices or
other material information and for
failure to provide certain multiemployer
plan notices.
DATES:
Effective date: This rule is effective on
January 13, 2021.
Applicability date: The increases in
the civil monetary penalties under
sections 4071 and 4302 of the Employee
Retirement Income Security Act
provided for in this rule apply to such
penalties assessed after January 13,
2021.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Gregory Katz (katz.gregory@pbgc.gov),
Attorney, Regulatory Affairs Division,
Pension Benefit Guaranty Corporation,
1200 K Street NW, Washington, DC
20005–4026; 202–229–3829. (TTY users
may call the Federal relay service tollfree at 800–877–8339 and ask to be
connected to 202–229–3829.)
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
Background
PBGC administers title IV of ERISA.
Title IV has two provisions that
authorize PBGC to assess civil monetary
penalties.1 Section 4302, added to
ERISA by the Multiemployer Pension
Plan Amendments Act of 1980,
authorizes PBGC to assess a civil
penalty of up to $100 a day for failure
to provide a notice under subtitle E of
title IV of ERISA (dealing with
multiemployer plans). Section 4071,
added to ERISA by the Omnibus Budget
Reconciliation Act of 1987, authorizes
PBGC to assess a civil penalty of up to
$1,000 a day for failure to provide a
notice or other material information
under subtitles A, B, and C of title IV
and sections 303(k)(4) and 306(g)(4) of
title I of ERISA.
1 Under the Federal Civil Penalties Inflation
Adjustment Act of 1990, a penalty is a civil
monetary penalty if (among other things) it is for
a specific monetary amount or has a maximum
amount specified by Federal law. Title IV also
provides (in section 4007) for penalties for late
payment of premiums, but those penalties are
neither in a specified amount nor subject to a
specified maximum amount.
E:\FR\FM\13JAR1.SGM
13JAR1
]]>Agencies
[Federal Register Volume 86, Number 8 (Wednesday, January 13, 2021)]
[Rules and Regulations]
[Pages 2539-2541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00483]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
16 CFR Part 1
Adjustments to Civil Penalty Amounts
AGENCY: Federal Trade Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') is
implementing adjustments to the civil penalty amounts within its
jurisdiction to account for inflation, as required by law.
DATES: Effective January 13, 2021.
FOR FURTHER INFORMATION CONTACT: Kenny A. Wright, Attorney (202-326-
2907), or Marie Choi, Attorney (202-326-3368), Office of the General
Counsel, FTC, 600 Pennsylvania Avenue NW, Washington, DC 20580.
SUPPLEMENTARY INFORMATION: The Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 \1\ directs agencies to adjust
the civil penalty maximums under their jurisdiction for inflation every
January. Accordingly, the Commission issues annual adjustments to the
maximum civil penalty amounts under its jurisdiction.\2\
---------------------------------------------------------------------------
\1\ Public Law 114-74, sec. 701, 129 Stat. 599 (2015). The Act
amends the Federal Civil Penalties Inflation Adjustment Act
(``FCPIAA''), Public Law 101-410, 104 Stat. 890 (codified at 28
U.S.C. 2461 note).
\2\ 81 FR 42476 (2016); 82 FR 8135 (2017); 83 FR 2902 (2018); 84
FR 3980 (2019), 85 FR 2014 (2020).
---------------------------------------------------------------------------
Commission Rule Sec. 1.98 sets forth the applicable civil penalty
amounts for violations of certain laws enforced by the Commission.\3\
As directed by the FCPIAA, the Commission is issuing adjustments to
increase these maximum civil penalty amounts to address inflation since
its prior 2020 adjustment. The following adjusted amounts will take
effect on January 13, 2021:
---------------------------------------------------------------------------
\3\ 16 CFR 1.98.
---------------------------------------------------------------------------
Section 7A(g)(1) of the Clayton Act, 15 U.S.C. 18a(g)(1)
(premerger filing notification violations under the Hart-Scott-Rodino
Improvements Act)--Increase from $43,280 to $43,792;
Section 11(l) of the Clayton Act, 15 U.S.C. 21(l)
(violations of cease and desist orders issued under Clayton Act section
11(b))--Increase from $22,994 to $23,266;
Section 5(l) of the FTC Act, 15 U.S.C. 45(l) (unfair or
deceptive acts or practices)--Increase from $43,280 to $43,792;
Section 5(m)(1)(A) of the FTC Act, 15 U.S.C. 45(m)(1)(A)
(unfair or
[[Page 2540]]
deceptive acts or practices)--Increase from $43,280 to $43,792;
Section 5(m)(1)(B) of the FTC Act, 15 U.S.C. 45(m)(1)(B)
(unfair or deceptive acts or practices)--Increase from $43,280 to
$43,792;
Section 10 of the FTC Act, 15 U.S.C. 50 (failure to file
required reports)--Increase from $569 to $576;
Section 5 of the Webb-Pomerene (Export Trade) Act, 15
U.S.C. 65 (failure by associations engaged solely in export trade to
file required statements)--Increase from $569 to $576;
Section 6(b) of the Wool Products Labeling Act, 15 U.S.C.
68d(b) (failure by wool manufacturers to maintain required records)--
Increase from $569 to $576;
Section 3(e) of the Fur Products Labeling Act, 15 U.S.C.
69a(e) (failure to maintain required records regarding fur products)--
Increase from $569 to $576;
Section 8(d)(2) of the Fur Products Labeling Act, 15
U.S.C. 69f(d)(2) (failure to maintain required records regarding fur
products)--Increase from $569 to $576;
Section 333(a) of the Energy Policy and Conservation Act,
42 U.S.C. 6303(a) (knowing violations of EPCA sec. 332, including
labeling violations)--Increase from $468 to $474;
Section 525(a) of the Energy Policy and Conservation Act,
42 U.S.C. 6395(a) (recycled oil labeling violations)--Increase from
$22,994 to $23,266;
Section 525(b) of the Energy Policy and Conservation Act,
42 U.S.C. 6395(b) (willful violations of recycled oil labeling
requirements)--Increase from $43,280 to $43,792;
Section 621(a)(2) of the Fair Credit Reporting Act, 15
U.S.C. 1681s(a)(2) (knowing violations of the Fair Credit Reporting
Act)--Increase from $4,063 to $4,111;
Section 1115(a) of the Medicare Prescription Drug
Improvement and Modernization Act of 2003, Public Law 108-173, as
amended by Public Law 115-263, 21 U.S.C. 355 note (failure to comply
with filing requirements)--Increase from $15,301 to $15,482; and
Section 814(a) of the Energy Independence and Security Act
of 2007, 42 U.S.C. 17304 (violations of prohibitions on market
manipulation and provision of false information to Federal agencies)--
Increase from $1,231,690 to $1,246,249.
Calculation of Inflation Adjustments
The FCPIAA, as amended, directs Federal agencies to adjust each
civil monetary penalty under their jurisdiction for inflation in
January of each year pursuant to a cost-of-living adjustment.\4\ The
cost-of-living adjustment is based on the percent change between the
U.S. Department of Labor's Consumer Price Index for all-urban consumers
(``CPI-U'') for the month of October preceding the date of the
adjustment, and the CPI-U for October of the prior year.\5\ Based on
that formula, the cost-of-living adjustment multiplier for 2021 is
1.01182. The FCPIAA also directs that these penalty level adjustments
should be rounded to the nearest dollar. Agencies do not have
discretion over whether to adjust a maximum civil penalty, or the
method used to determine the adjustment.
---------------------------------------------------------------------------
\4\ 28 U.S.C. 2461 note (4).
\5\ Id. (3), (5)(b); Office of Management and Budget, Memorandum
M-21-10, Implementation of Penalty Inflation Adjustments for 2021,
Pursuant to the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (December 23, 2020), available at: https://www.whitehouse.gov/wp-content/uploads/2020/12/M-21-10.pdf.
---------------------------------------------------------------------------
The following chart illustrates the application of these
adjustments to the civil monetary penalties under the Commission's
jurisdiction.
Calculation of Adjustments to Maximum Civil Monetary Penalties
----------------------------------------------------------------------------------------------------------------
2021 Penalty
2020 Penalty Adjustment level (rounded
Citation Description level multiplier to the nearest
dollar)
----------------------------------------------------------------------------------------------------------------
16 CFR 1.98(a): 15 U.S.C. 18a(g)(1). Premerger filing $43,280 1.01182 $43,792
notification
violations.
16 CFR 1.98(b): 15 U.S.C. 21(l)..... Violations of cease and 22,994 1.01182 23,266
desist orders.
16 CFR 1.98(c): 15 U.S.C. 45(l)..... Unfair or deceptive 43,280 1.01182 43,792
acts or practices.
16 CFR 1.98(d): 15 U.S.C. Unfair or deceptive 43,280 1.01182 43,792
45(m)(1)(A). acts or practices.
16 CFR 1.98(e): 15 U.S.C. Unfair or deceptive 43,280 1.01182 43,792
45(m)(1)(B). acts or practices.
16 CFR 1.98(f): 15 U.S.C. 50........ Failure to file 569 1.01182 576
required reports.
16 CFR 1.98(g): 15 U.S.C. 65........ Failure to file 569 1.01182 576
required statements.
16 CFR 1.98(h): 15 U.S.C. 68d(b).... Failure to maintain 569 1.01182 576
required records.
16 CFR 1.98(i): 15 U.S.C. 69a(e).... Failure to maintain 569 1.01182 576
required records.
16 CFR 1.98(j): 15 U.S.C. 69f(d)(2). Failure to maintain 569 1.01182 576
required records.
16 CFR 1.98(k): 42 U.S.C. 6303(a)... Knowing violations..... 468 1.01182 474
16 CFR 1.98(l): 42 U.S.C. 6395(a)... Recycled oil labeling 22,994 1.01182 23,266
violations.
16 CFR 1.98(l): 42 U.S.C. 6395(b)... Willful violations..... 43,280 1.01182 43,792
16 CFR 1.98(m): 15 U.S.C. Knowing violations..... 4,063 1.01182 4,111
1681s(a)(2).
16 CFR 1.98(n): 21 U.S.C. 355 note.. Non-compliance with 15,301 1.01182 15,482
filing requirements.
16 CFR 1.98(o): 42 U.S.C. 17304..... Market manipulation or 1,231,690 1.01182 1,246,249
provision of false
information to Federal
agencies.
----------------------------------------------------------------------------------------------------------------
Effective Dates of New Penalties
These new penalty levels apply to civil penalties assessed after
the effective date of the applicable adjustment, including civil
penalties whose associated violation predated the effective date.\6\
These adjustments do not retrospectively change previously assessed or
enforced civil penalties that the FTC is actively collecting or has
collected.
---------------------------------------------------------------------------
\6\ 28 U.S.C. 2461 note (6).
---------------------------------------------------------------------------
Procedural Requirements
The FCPIAA, as amended, directs agencies to adjust civil monetary
penalties through rulemaking and to publish the required inflation
adjustments in the Federal Register, notwithstanding section 553 of
title 5, United States Code. Pursuant to this congressional mandate,
prior public notice and comment under the APA and a delayed effective
date are not required. For this reason, the requirements of the
Regulatory Flexibility Act (``RFA'') also do not apply.\7\ Further,
this rule does not contain any collection of
[[Page 2541]]
information requirements as defined by the Paperwork Reduction Act of
1995 as amended. 44 U.S.C. 3501 et seq.
---------------------------------------------------------------------------
\7\ A regulatory flexibility analysis under the RFA is required
only when an agency must publish a notice of proposed rulemaking for
comment. See 5 U.S.C. 603.
---------------------------------------------------------------------------
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs designated this rule
as not a ``major rule,'' as defined by 5 U.S.C. 804(2).
List of Subjects in 16 CFR Part 1
Administrative practice and procedure, Penalties, Trade practices.
Text of Amendments
For the reasons set forth in the preamble, the Federal Trade
Commission amends title 16, chapter I, subchapter A, of the Code of
Federal Regulations, as follows:
PART 1--GENERAL PROCEDURES
Subpart L--Civil Penalty Adjustments Under the Federal Civil
Penalties Inflation Adjustment Act of 1990, as Amended
0
1. The authority citation for part 1, subpart L, continues to read as
follows:
Authority: 28 U.S.C. 2461 note.
0
2. Revise Sec. 1.98 to read as follows:
Sec. 1.98 Adjustment of civil monetary penalty amounts.
This section makes inflation adjustments in the dollar amounts of
civil monetary penalties provided by law within the Commission's
jurisdiction. The following maximum civil penalty amounts apply only to
penalties assessed after January 13, 2021, including those penalties
whose associated violation predated January 13, 2021.
(a) Section 7A(g)(1) of the Clayton Act, 15 U.S.C. 18a(g)(1)--
$43,792;
(b) Section 11(l) of the Clayton Act, 15 U.S.C. 21(l)--$23,266;
(c) Section 5(l) of the FTC Act, 15 U.S.C. 45(l)--$43,792;
(d) Section 5(m)(1)(A) of the FTC Act, 15 U.S.C. 45(m)(1)(A)--
$43,792;
(e) Section 5(m)(1)(B) of the FTC Act, 15 U.S.C. 45(m)(1)(B)--
$43,792;
(f) Section 10 of the FTC Act, 15 U.S.C. 50--$576;
(g) Section 5 of the Webb-Pomerene (Export Trade) Act, 15 U.S.C.
65--$576;
(h) Section 6(b) of the Wool Products Labeling Act, 15 U.SC.
68d(b)--$576;
(i) Section 3(e) of the Fur Products Labeling Act, 15 U.S.C.
69a(e)--$576;
(j) Section 8(d)(2) of the Fur Products Labeling Act, 15 U.S.C.
69f(d)(2)--$576;
(k) Section 333(a) of the Energy Policy and Conservation Act, 42
U.S.C. 6303(a)--$474;
(l) Sections 525(a) and (b) of the Energy Policy and Conservation
Act, 42 U.S.C. 6395(a) and (b), respectively--$23,266 and $43,792,
respectively;
(m) Section 621(a)(2) of the Fair Credit Reporting Act, 15 U.S.C.
1681s(a)(2)--$4,111;
(n) Section 1115(a) of the Medicare Prescription Drug Improvement
and Modernization Act of 2003, Public Law 108-173, as amended by Public
Law 115-263, 21 U.S.C. 355 note--$15,482;
(o) Section 814(a) of the Energy Independence and Security Act of
2007, 42 U.S.C. 17304--$1,246,249; and
(p) Civil monetary penalties authorized by reference to the Federal
Trade Commission Act under any other provision of law within the
jurisdiction of the Commission--refer to the amounts set forth in
paragraphs (c), (d), (e) and (f) of this section, as applicable.
By direction of the Commission.
April J. Tabor,
Acting Secretary.
[FR Doc. 2021-00483 Filed 1-12-21; 8:45 am]
BILLING CODE 6750-01-P
