Annual Adjustment of Civil Monetary Penalties To Reflect Inflation, 396-398 [2021-28310]
Download as PDF
<![CDATA[
396
Federal Register / Vol. 87, No. 3 / Wednesday, January 5, 2022 / Rules and Regulations
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not concern an
environmental health risk or safety risk.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This rulemaking does not involve
technical standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
PART 63—NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR SOURCE
CATEGORIES
Authority: 42 U.S.C. 7401 et seq.
2. Add § 63.64 to subpart C to read as
follows:
■
§ 63.64 Additions of substances to the list
of hazardous air pollutants.
(a) The substance 1-bromopropane, or
1-BP, also known as n-propyl bromide
or nPB (CAS No. 106–94–5) is added to
the list of hazardous air pollutants
established by Clean Air Act (CAA)
section 112(b)(1), 42 U.S.C. 7412(b)(1).
(b) [Reserved]
BILLING CODE 6560–50–P
K. Congressional Review Act (CRA)
TKELLEY on DSK125TN23PROD with RULES1
For the reasons discussed in the
preamble, the Environmental Protection
Agency amends 40 CFR part 63 as
follows:
[FR Doc. 2021–28315 Filed 1–4–22; 8:45 am]
The EPA believes that this action is
not subject to Executive Order 12898 (59
FR 7629; February 16, 1994) because it
does not establish an environmental
health or safety standard. This
regulatory action is ministerial in nature
as it codifies a decision to list 1-BP as
a HAP that was made when petitions
were granted in 2020 and does not have
any direct impact on human health or
the environment.
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[DA 21–1631; FR ID 65075]
Annual Adjustment of Civil Monetary
Penalties To Reflect Inflation
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
The Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015 (Inflation Adjustment Act)
requires the Federal Communications
Commission (Commission) to amend its
forfeiture penalty rules to reflect annual
adjustments for inflation in order to
improve their effectiveness and
maintain their deterrent effect. The
Inflation Adjustment Act provides that
the new penalty levels shall apply to
penalties assessed after the effective
date of the increase, including when the
penalties whose associated violation
predate the increase.
DATES:
Effective date: The rule is effective
January 5, 2022.
SUMMARY:
This action is subject to Subtitle E of
the Small Business Regulatory
Enforcement Fairness Act of 1996, also
known as the CRA, and the EPA will
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. The CRA
allows the issuing agency to make a rule
effective sooner than otherwise
provided by the CRA if the agency for
good cause finds that notice and public
procedure thereon are impracticable,
unnecessary, or contrary to the public
interest (5 U.S.C. 808(2)). The EPA has
made a good cause finding for this rule
in section I of this preamble, including
the basis for that finding.
Jkt 256001
Michael S. Regan,
Administrator.
1. The authority citation for part 63
continues to read as follows:
I. National Technology Transfer and
Advancement Act
16:55 Jan 04, 2022
Environmental protection,
Administrative practice and procedures,
General Provisions, Hazardous
substances.
■
This action is not a ‘‘significant
energy action’’ because it is not likely to
have a significant adverse effect on the
supply, distribution or use of energy.
This action codifies a decision to list 1BP as a HAP that was made when
petitions were granted in 2020.
VerDate Sep<11>2014
List of Subjects for 40 CFR Part 63
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
Applicability date: The civil monetary
penalties are applicable beginning
January 15, 2022.
FOR FURTHER INFORMATION CONTACT: Lisa
Gelb, Deputy Chief, Enforcement
Bureau, at Lisa.Gelb@fcc.gov or 202–
418–2019.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order,
DA 21–1631, adopted and released on
December 22, 2021. The complete text
of this document is available for
download at https://www.fcc.gov/
document/2022-annual-adjustmentcivil-monetary-penalties-reflectinflation. The complete text of this
document is also available for
inspection and copying during normal
business hours in the FCC Reference
Information Center, 45 L Street NE,
Washington, DC 20554. To request this
document in accessible formats for
people with disabilities (e.g., Braille,
large print, electronic files, audio
format, etc.) or to request reasonable
accommodations (e.g., accessible format
documents, sign language interpreters,
CART, etc.), send an email to fcc504@
fcc.gov or call the FCC’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
Synopsis
The Bipartisan Budget Act of 2015
included, as section 701 thereto, the
Inflation Adjustment Act, which
amended the Federal Civil Penalties
Inflation Adjustment Act of 1990 (Pub.
L. 101–410), to improve the
effectiveness of civil monetary penalties
and maintain their deterrent effect.
Under the Inflation Adjustment Act,
agencies are required to make annual
inflationary adjustments by January 15
each year, beginning in 2017. The
adjustments are calculated pursuant to
Office of Management and Budget
(OMB) guidance. OMB issued guidance
on December 15, 2021, and this Order
follows that guidance. The Commission
therefore updates the civil monetary
penalties for 2022, to reflect an annual
inflation adjustment based on the
percent change between each published
October’s CPI–U; in this case, October
2021 CPI–U (276.589)/October 2020
CPI–U (260.388) = 1.06222. The
Commission multiplies 1.06222 by the
most recent penalty amount and then
rounds the result to the nearest dollar.
For 2022, the adjusted penalty or
penalty range for each applicable
penalty is calculated by multiplying the
most recent penalty amount by the 2022
annual adjustment (1.06222), then
rounding the result to the nearest dollar.
The adjustments in civil monetary
E:\FR\FM\05JAR1.SGM
05JAR1
Federal Register / Vol. 87, No. 3 / Wednesday, January 5, 2022 / Rules and Regulations
violation or each day of a continuing
violation, except that the amount
assessed for any continuing violation
shall not exceed a total of $550,531 for
Paperwork Reduction Act
any single act or failure to act described
This document does not contain new
in paragraph (a) of this section. There is
or modified information collection
no limit on forfeiture assessments for
requirements subject to the Paperwork
EEO violations by cable operators that
Reduction Act of 1995 (PRA), Public
occur after notification by the
Law 104–13. It does not contain any
Commission of a potential violation. See
new or modified information collection
section 634(f)(2) of the Communications
burden for small business concerns with Act. Notwithstanding the foregoing in
fewer than 25 employees, pursuant to
this section, if the violator is a broadcast
the Small Business Paperwork Relief
station licensee or permittee or an
Act of 2002, Public Law 107–198, see 44 applicant for any broadcast license,
U.S.C. 3506(c)(4).
permit, certificate, or other instrument
of authorization issued by the
Congressional Review Act
Commission, and if the violator is
The Commission has determined, and determined by the Commission to have
the Administrator of the Office of
broadcast obscene, indecent, or profane
Information and Regulatory Affairs,
material, the forfeiture penalty under
Office of Management and Budget,
this section shall not exceed $445,445
concurs that this rule is non-major
for each violation or each day of a
under the Congressional Review Act, 5
continuing violation, except that the
U.S.C. 804(2). The Commission will
amount assessed for any continuing
send a copy of this Order to Congress
violation shall not exceed a total of
and the Government Accountability
$4,111,796 for any single act or failure
Office pursuant to 5 U.S.C. 801(a)(1)(A). to act described in paragraph (a) of this
section.
List of Subjects in 47 CFR Part 1
(2) Forfeiture penalty for a common
Administrative practice and
carrier or applicant. If the violator is a
procedure, Penalties.
common carrier subject to the
Federal Communications Commission.
provisions of the Communications Act
or an applicant for any common carrier
Lisa Gelb,
license, permit, certificate, or other
Deputy Chief, Enforcement Bureau.
instrument of authorization issued by
Final Rules
the Commission, the amount of any
For the reasons discussed in the
forfeiture penalty determined under this
preamble, the Federal Communications
section shall not exceed $220,213 for
each violation or each day of a
Commission amends 47 CFR part 1 as
continuing violation, except that the
follows:
amount assessed for any continuing
PART 1—PRACTICE AND
violation shall not exceed a total of
PROCEDURE
$2,202,123 for any single act or failure
to act described in paragraph (a) of this
■ 1. The authority citation for part 1
section.
continues to read as follows:
(3) Forfeiture penalty for a
Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28
manufacturer or service provider. If the
U.S.C. 2461 note, unless otherwise noted.
violator is a manufacturer or service
provider subject to the requirements of
■ 2. Amend § 1.80 by revising
paragraphs (b)(1) through (9), Table 4 to section 255, 716, or 718 of the
Communications Act, and is determined
paragraph (b)(10), and paragraph
by the Commission to have violated any
(b)(11)(ii) to read as follows:
such requirement, the manufacturer or
§ 1.80 Forfeiture proceedings.
service provider shall be liable to the
*
*
*
*
*
United States for a forfeiture penalty of
(b) * * * (1) Forfeiture penalty for a
not more than $126,463 for each
broadcast station licensee, permittee,
violation or each day of a continuing
cable television operator, or applicant. If violation, except that the amount
the violator is a broadcast station
assessed for any continuing violation
licensee or permittee, a cable television
shall not exceed a total of $1,264,622 for
operator, or an applicant for any
any single act or failure to act.
(4) Forfeiture penalty for a 227(e)
broadcast or cable television operator
violation. Any person determined to
license, permit, certificate, or other
have violated section 227(e) of the
instrument of authorization issued by
Communications Act or the rules issued
the Commission, except as otherwise
by the Commission under section 227(e)
noted in this paragraph (b)(1), the
of the Communications Act shall be
forfeiture penalty under this section
liable to the United States for a
shall not exceed $55,052 for each
TKELLEY on DSK125TN23PROD with RULES1
penalties that we adopt in this Order
apply only to such penalties assessed on
and after January 15, 2022.
VerDate Sep<11>2014
16:55 Jan 04, 2022
Jkt 256001
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
397
forfeiture penalty of not more than
$12,646 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 $1,264,622 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.
(5) Forfeiture penalty for a
227(b)(4)(B) violation. Any person
determined to have violated section
227(b)(4)(B) of the Communications Act
or the rules in 47 CFR part 64 issued by
the Commission under section
227(b)(4)(B) of the Communications Act
shall be liable to the United States for
a forfeiture penalty determined in
accordance with paragraphs (A)–(F) of
section 503(b)(2) plus an additional
penalty not to exceed $10,748.
(6) Forfeiture penalty for pirate radio
broadcasting. (i) Any person who
willfully and knowingly does or causes
or suffers to be done any pirate radio
broadcasting shall be subject to a fine of
not more than $2,149,551; and
(ii) Any person who willfully and
knowingly violates the Act or any rule,
regulation, restriction, or condition
made or imposed by the Commission
under authority of the Act, or any rule,
regulation, restriction, or condition
made or imposed by any international
radio or wire communications treaty or
convention, or regulations annexed
thereto, to which the United States is
party, relating to pirate radio
broadcasting shall, in addition to any
other penalties provided by law, be
subject to a fine of not more than
$107,478 for each day during which
such offense occurs, in accordance with
the limit described in this section.
(7) Forfeiture penalty for a section
6507(b)(4) Tax Relief Act violation. If a
violator who is granted access to the DoNot-Call registry of public safety
answering points discloses or
disseminates any registered telephone
number without authorization, in
violation of section 6507(b)(4) of the
Middle Class Tax Relief and Job
Creation Act of 2012 or the
Commission’s implementing rules in 47
CFR part 64, the monetary penalty for
such unauthorized disclosure or
dissemination of a telephone number
from the registry shall be not less than
$118,430 per incident nor more than
$1,184,300 per incident depending
upon whether the conduct leading to
the violation was negligent, grossly
negligent, reckless, or willful, and
depending on whether the violation was
a first or subsequent offense.
(8) Forfeiture penalty for a section
6507(b)(5) Tax Relief Act violation. If a
E:\FR\FM\05JAR1.SGM
05JAR1
398
Federal Register / Vol. 87, No. 3 / Wednesday, January 5, 2022 / Rules and Regulations
violator uses automatic dialing
equipment to contact a telephone
number on the Do-Not-Call registry of
public safety answering points, in
violation of section 6507(b)(5) of the
Middle Class Tax Relief and Job
Creation Act of 2012 or the
Commission’s implementing rules in 47
CFR part 64, the monetary penalty for
contacting such a telephone number
shall be not less than $11,843 per call
nor more than $118,430 per call
depending on whether the violation was
negligent, grossly negligent, reckless, or
willful, and depending on whether the
violation was a first or subsequent
offense.
(9) Maximum forfeiture penalty for
any case not previously covered. In any
case not covered in paragraphs (b)(1)
through (8) of this section, the amount
of any forfeiture penalty determined
under this section shall not exceed
$22,021 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
$165,159 for any single act or failure to
act described in paragraph (a) of this
section.
(10) * * *
TABLE 4 TO PARAGRAPH (b)(10)—NON-SECTION 503 FORFEITURES THAT ARE AFFECTED BY THE DOWNWARD
ADJUSTMENT FACTORS 1
Violation
Statutory amount after 2022 annual inflation adjustment
Sec.
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 ............................................................................
227(e) Caller Identification ...............................................................
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
364(a) Forfeitures (Ships) ................................................................
364(b) Forfeitures (Ships) ................................................................
386(a) Forfeitures (Ships) ................................................................
386(b) Forfeitures (Ships) ................................................................
511 Pirate Radio Broadcasting ........................................................
634 Cable EEO ................................................................................
$13,213, $661/day.
$13,213, $661/day.
$26,425.
$2,642/day.
$2,642/day.
$13,213/day.
$136,924/day.
$12,646/violation. $37,937/day for each day of continuing violation, up
to $1,264,622 for any single act or failure to act.
$11,011/day (owner).
$2,203 (vessel master).
$11,011/day (owner).
$2,203 (vessel master).
$2,149,551, $107,478/day.
$976/day.
1 Unlike section 503 of the Act, which establishes maximum forfeiture amounts, other sections of the Act, with two exceptions, state prescribed
amounts of forfeitures for violations of the relevant section. These amounts are then subject to mitigation or remission under section 504 of the
Act. One exception is section 223 of the Act, which provides a maximum forfeiture per day. For convenience, the Commission will treat this
amount as if it were a prescribed base amount, subject to downward adjustments. The other exception is section 227(e) of the Act, which provides maximum forfeitures per violation, and for continuing violations. The Commission will apply the factors set forth in section 503(b)(2)(E) of
the Act and this table 4 to determine the amount of the penalty to assess in any particular situation. The amounts in this table 4 are adjusted for
inflation pursuant to the Debt Collection Improvement Act of 1996 (DCIA), 28 U.S.C. 2461. These non-section 503 forfeitures may be adjusted
downward using the ‘‘Downward Adjustment Criteria’’ shown for section 503 forfeitures in table 3 to this paragraph (b)(10).
(11) * * *
(ii) The application of the annual
inflation adjustment required by the
foregoing Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015 results in the following
adjusted statutory maximum forfeitures
authorized by the Communications Act:
TABLE 5 TO PARAGRAPH (b)(11)(ii)
U.S. Code citation
Maximum
penalty after
2022 annual
inflation
adjustment
TABLE 5 TO PARAGRAPH (b)(11)(ii)—
Continued
Maximum
penalty after
2022 annual
inflation
adjustment
U.S. Code citation
47 U.S.C. 386(b) ..................
47 U.S.C. 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. 202(c) ...................
TKELLEY on DSK125TN23PROD with RULES1
47 U.S.C. 203(e) ..................
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 U.S.C. 362(a) ..................
47 U.S.C. 362(b) ..................
47 U.S.C. 386(a) ..................
VerDate Sep<11>2014
16:55 Jan 04, 2022
$13,213
661
13,213
661
26,425
2,642
2,642
13,213
136,924
12,646
37,937
1,264,622
11,011
2,203
11,011
Jkt 256001
47 U.S.C. 503(b)(2)(F) .........
47 U.S.C. 507(a) ..................
47 U.S.C. 507(b) ..................
47 U.S.C. 511 .......................
47 U.S.C. 554 .......................
*
*
*
*
2,203
55,052
550,531
220,213
22,202,123
445,445
4,111,796
22,021
165,159
126,463
1,264,622
2,181
320
2,149,551
107,478
976
*
[FR Doc. 2021–28310 Filed 1–4–22; 8:45 am]
BILLING CODE 6712–01–P
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 52
[WC Docket No. 18–336; FCC 21–119; FR
61458]
Implementation of the National Suicide
Hotline Improvement Act of 2018
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission or FCC) requires all
covered text providers to support text
messaging to 988, the 3-digit dialing
code to reach the National Suicide
Prevention Lifeline, by July 16, 2022.
Given the popularity of text messaging,
particularly among at-risk populations,
it is essential for Americans to be able
to text the Lifeline with the same short,
easy-to-remember code by which they
will be able to call the Lifeline.
DATES: This rule is effective February 4,
2022.
SUMMARY:
E:\FR\FM\05JAR1.SGM
05JAR1
]]>Agencies
[Federal Register Volume 87, Number 3 (Wednesday, January 5, 2022)]
[Rules and Regulations]
[Pages 396-398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28310]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[DA 21-1631; FR ID 65075]
Annual Adjustment of Civil Monetary Penalties To Reflect
Inflation
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (Inflation Adjustment Act) requires the
Federal Communications Commission (Commission) to amend its forfeiture
penalty rules to reflect annual adjustments for inflation in order to
improve their effectiveness and maintain their deterrent effect. The
Inflation Adjustment Act provides that the new penalty levels shall
apply to penalties assessed after the effective date of the increase,
including when the penalties whose associated violation predate the
increase.
DATES:
Effective date: The rule is effective January 5, 2022.
Applicability date: The civil monetary penalties are applicable
beginning January 15, 2022.
FOR FURTHER INFORMATION CONTACT: Lisa Gelb, Deputy Chief, Enforcement
Bureau, at [email protected] or 202-418-2019.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
DA 21-1631, adopted and released on December 22, 2021. The complete
text of this document is available for download at https://www.fcc.gov/document/2022-annual-adjustment-civil-monetary-penalties-reflect-inflation. The complete text of this document is also available for
inspection and copying during normal business hours in the FCC
Reference Information Center, 45 L Street NE, Washington, DC 20554. To
request this document in accessible formats for people with
disabilities (e.g., Braille, large print, electronic files, audio
format, etc.) or to request reasonable accommodations (e.g., accessible
format documents, sign language interpreters, CART, etc.), send an
email to [email protected] or call the FCC's Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
Synopsis
The Bipartisan Budget Act of 2015 included, as section 701 thereto,
the Inflation Adjustment Act, which amended the Federal Civil Penalties
Inflation Adjustment Act of 1990 (Pub. L. 101-410), to improve the
effectiveness of civil monetary penalties and maintain their deterrent
effect. Under the Inflation Adjustment Act, agencies are required to
make annual inflationary adjustments by January 15 each year, beginning
in 2017. The adjustments are calculated pursuant to Office of
Management and Budget (OMB) guidance. OMB issued guidance on December
15, 2021, and this Order follows that guidance. The Commission
therefore updates the civil monetary penalties for 2022, to reflect an
annual inflation adjustment based on the percent change between each
published October's CPI-U; in this case, October 2021 CPI-U (276.589)/
October 2020 CPI-U (260.388) = 1.06222. The Commission multiplies
1.06222 by the most recent penalty amount and then rounds the result to
the nearest dollar.
For 2022, the adjusted penalty or penalty range for each applicable
penalty is calculated by multiplying the most recent penalty amount by
the 2022 annual adjustment (1.06222), then rounding the result to the
nearest dollar. The adjustments in civil monetary
[[Page 397]]
penalties that we adopt in this Order apply only to such penalties
assessed on and after January 15, 2022.
Paperwork Reduction Act
This document does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13. It does not contain any new or modified
information collection burden for small business concerns with fewer
than 25 employees, pursuant to the Small Business Paperwork Relief Act
of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
Congressional Review Act
The Commission has determined, and the Administrator of the Office
of Information and Regulatory Affairs, Office of Management and Budget,
concurs that this rule is non-major under the Congressional Review Act,
5 U.S.C. 804(2). The Commission will send a copy of this Order to
Congress and the Government Accountability Office pursuant to 5 U.S.C.
801(a)(1)(A).
List of Subjects in 47 CFR Part 1
Administrative practice and procedure, Penalties.
Federal Communications Commission.
Lisa Gelb,
Deputy Chief, Enforcement Bureau.
Final Rules
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: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note,
unless otherwise noted.
0
2. Amend Sec. 1.80 by revising paragraphs (b)(1) through (9), Table 4
to paragraph (b)(10), and paragraph (b)(11)(ii) to read as follows:
Sec. 1.80 Forfeiture proceedings.
* * * * *
(b) * * * (1) Forfeiture penalty for a broadcast station licensee,
permittee, cable television operator, or applicant. 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 (b)(1), the
forfeiture penalty under this section shall not exceed $55,052 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
$550,531 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 $445,445 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 $4,111,796 for any
single act or failure to act described in paragraph (a) of this
section.
(2) Forfeiture penalty for a common carrier or applicant. 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 $220,213 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 $2,202,123 for any
single act or failure to act described in paragraph (a) of this
section.
(3) Forfeiture penalty for a manufacturer or service provider. 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 $126,463 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
$1,264,622 for any single act or failure to act.
(4) Forfeiture penalty for a 227(e) violation. 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 $12,646 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 $1,264,622 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.
(5) Forfeiture penalty for a 227(b)(4)(B) violation. Any person
determined to have violated section 227(b)(4)(B) of the Communications
Act or the rules in 47 CFR part 64 issued by the Commission under
section 227(b)(4)(B) of the Communications Act shall be liable to the
United States for a forfeiture penalty determined in accordance with
paragraphs (A)-(F) of section 503(b)(2) plus an additional penalty not
to exceed $10,748.
(6) Forfeiture penalty for pirate radio broadcasting. (i) Any
person who willfully and knowingly does or causes or suffers to be done
any pirate radio broadcasting shall be subject to a fine of not more
than $2,149,551; and
(ii) Any person who willfully and knowingly violates the Act or any
rule, regulation, restriction, or condition made or imposed by the
Commission under authority of the Act, or any rule, regulation,
restriction, or condition made or imposed by any international radio or
wire communications treaty or convention, or regulations annexed
thereto, to which the United States is party, relating to pirate radio
broadcasting shall, in addition to any other penalties provided by law,
be subject to a fine of not more than $107,478 for each day during
which such offense occurs, in accordance with the limit described in
this section.
(7) Forfeiture penalty for a section 6507(b)(4) Tax Relief Act
violation. If a violator who is granted access to the Do-Not-Call
registry of public safety answering points discloses or disseminates
any registered telephone number without authorization, in violation of
section 6507(b)(4) of the Middle Class Tax Relief and Job Creation Act
of 2012 or the Commission's implementing rules in 47 CFR part 64, the
monetary penalty for such unauthorized disclosure or dissemination of a
telephone number from the registry shall be not less than $118,430 per
incident nor more than $1,184,300 per incident depending upon whether
the conduct leading to the violation was negligent, grossly negligent,
reckless, or willful, and depending on whether the violation was a
first or subsequent offense.
(8) Forfeiture penalty for a section 6507(b)(5) Tax Relief Act
violation. If a
[[Page 398]]
violator uses automatic dialing equipment to contact a telephone number
on the Do-Not-Call registry of public safety answering points, in
violation of section 6507(b)(5) of the Middle Class Tax Relief and Job
Creation Act of 2012 or the Commission's implementing rules in 47 CFR
part 64, the monetary penalty for contacting such a telephone number
shall be not less than $11,843 per call nor more than $118,430 per call
depending on whether the violation was negligent, grossly negligent,
reckless, or willful, and depending on whether the violation was a
first or subsequent offense.
(9) Maximum forfeiture penalty for any case not previously covered.
In any case not covered in paragraphs (b)(1) through (8) of this
section, the amount of any forfeiture penalty determined under this
section shall not exceed $22,021 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 $165,159 for any
single act or failure to act described in paragraph (a) of this
section.
(10) * * *
Table 4 to Paragraph (b)(10)--Non-Section 503 Forfeitures That Are
Affected by the Downward Adjustment Factors \1\
------------------------------------------------------------------------
Statutory amount after 2022
Violation annual inflation adjustment
------------------------------------------------------------------------
Sec. 202(c) Common Carrier $13,213, $661/day.
Discrimination.
Sec. 203(e) Common Carrier Tariffs..... $13,213, $661/day.
Sec. 205(b) Common Carrier $26,425.
Prescriptions.
Sec. 214(d) Common Carrier Line $2,642/day.
Extensions.
Sec. 219(b) Common Carrier Reports..... $2,642/day.
Sec. 220(d) Common Carrier Records & $13,213/day.
Accounts.
Sec. 223(b) Dial-a-Porn................ $136,924/day.
Sec. 227(e) Caller Identification...... $12,646/violation. $37,937/day
for each day of continuing
violation, up to $1,264,622
for any single act or failure
to act.
Sec. 364(a) Forfeitures (Ships)........ $11,011/day (owner).
Sec. 364(b) Forfeitures (Ships)........ $2,203 (vessel master).
Sec. 386(a) Forfeitures (Ships)........ $11,011/day (owner).
Sec. 386(b) Forfeitures (Ships)........ $2,203 (vessel master).
Sec. 511 Pirate Radio Broadcasting..... $2,149,551, $107,478/day.
Sec. 634 Cable EEO..................... $976/day.
------------------------------------------------------------------------
\1\ Unlike section 503 of the Act, which establishes maximum forfeiture
amounts, other sections of the Act, with two exceptions, state
prescribed amounts of forfeitures for violations of the relevant
section. These amounts are then subject to mitigation or remission
under section 504 of the Act. One exception is section 223 of the Act,
which provides a maximum forfeiture per day. For convenience, the
Commission will treat this amount as if it were a prescribed base
amount, subject to downward adjustments. The other exception is
section 227(e) of the Act, which provides maximum forfeitures per
violation, and for continuing violations. The Commission will apply
the factors set forth in section 503(b)(2)(E) of the Act and this
table 4 to determine the amount of the penalty to assess in any
particular situation. The amounts in this table 4 are adjusted for
inflation pursuant to the Debt Collection Improvement Act of 1996
(DCIA), 28 U.S.C. 2461. These non-section 503 forfeitures may be
adjusted downward using the ``Downward Adjustment Criteria'' shown for
section 503 forfeitures in table 3 to this paragraph (b)(10).
(11) * * *
(ii) The application of the annual inflation adjustment required by
the foregoing Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 results in the following adjusted statutory
maximum forfeitures authorized by the Communications Act:
Table 5 to Paragraph (b)(11)(ii)
------------------------------------------------------------------------
Maximum
penalty after
U.S. Code citation 2022 annual
inflation
adjustment
------------------------------------------------------------------------
47 U.S.C. 202(c)........................................ $13,213
661
47 U.S.C. 203(e)........................................ 13,213
661
47 U.S.C. 205(b)........................................ 26,425
47 U.S.C. 214(d)........................................ 2,642
47 U.S.C. 219(b)........................................ 2,642
47 U.S.C. 220(d)........................................ 13,213
47 U.S.C. 223(b)........................................ 136,924
47 U.S.C. 227(e)........................................ 12,646
37,937
1,264,622
47 U.S.C. 362(a)........................................ 11,011
47 U.S.C. 362(b)........................................ 2,203
47 U.S.C. 386(a)........................................ 11,011
47 U.S.C. 386(b)........................................ 2,203
47 U.S.C. 503(b)(2)(A).................................. 55,052
550,531
47 U.S.C. 503(b)(2)(B).................................. 220,213
22,202,123
47 U.S.C. 503(b)(2)(C).................................. 445,445
4,111,796
47 U.S.C. 503(b)(2)(D).................................. 22,021
165,159
47 U.S.C. 503(b)(2)(F).................................. 126,463
1,264,622
47 U.S.C. 507(a)........................................ 2,181
47 U.S.C. 507(b)........................................ 320
47 U.S.C. 511........................................... 2,149,551
107,478
47 U.S.C. 554........................................... 976
------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-28310 Filed 1-4-22; 8:45 am]
BILLING CODE 6712-01-P
