Civil Penalties; Notice of Adjusted Maximum Amounts

CourtConsumer Product Safety Commission
Citation86 FR 68244
Publication Date01 December 2021
Record Number2021-26082
Federal Register, Volume 86 Issue 228 (Wednesday, December 1, 2021)
[Federal Register Volume 86, Number 228 (Wednesday, December 1, 2021)]
                [Notices]
                [Page 68244]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-26082]
                [[Page 68244]]
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                CONSUMER PRODUCT SAFETY COMMISSION
                Civil Penalties; Notice of Adjusted Maximum Amounts
                AGENCY: Consumer Product Safety Commission.
                ACTION: Notice of adjusted maximum civil penalty amounts.
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                SUMMARY: In 1990, Congress enacted statutory amendments to adjust the
                maximum civil penalty amounts authorized under the Consumer Product
                Safety Act (CPSA), the Federal Hazardous Substances Act (FHSA), and the
                Flammable Fabrics Act (FFA). On August 14, 2008, the Consumer Product
                Safety Improvement Act of 2008 (CPSIA) increased the maximum civil
                penalty amounts to $100,000 for each violation and $15,000,000 for any
                related series of violations. The CPSIA tied the effective date of the
                new amounts to the earlier of the date on which final regulations are
                issued or 1 year after August 14, 2008. The new amounts became
                effective on August 14, 2009. The CPSIA also revised the starting date,
                from December 1, 1994 to December 1, 2011, and December 1 of each fifth
                calendar year, thereafter, on which the Commission must prescribe and
                publish in the Federal Register, the schedule of maximum authorized
                penalties. On November 23, 2016, the CPSC published increased maximum
                authorized civil penalty amounts of $110,000 for each violation and
                $16,025,000 for any related series of violations. As calculated in
                accordance with the amendments, the new amounts are $120,000 for each
                violation and $17,150,000 for any related series of violations.
                DATES: The new amounts will become effective after January 1, 2022.
                FOR FURTHER INFORMATION CONTACT: Amy S. Colvin, Attorney, Office of the
                General Counsel, U.S. Consumer Product Safety Commission, 4330 East-
                West Highway, Bethesda, MD 20814; telephone (301) 504-7639; email
                [email protected].
                SUPPLEMENTARY INFORMATION: The Consumer Product Safety Improvement Act
                of 1990 (Improvement Act), Public Law 101-608, 104 stat. 3110 (Nov. 16,
                1990), and the CPSIA, Public Law 110-314, 122 stat. 3016 (Aug. 14,
                2008), amended the CPSA, FHSA, and the FFA. The Improvement Act added
                civil penalty authority to the FHSA and FFA, which previously contained
                only criminal penalties. 15 U.S.C. 1264(c) and 1194(e). The Improvement
                Act also increased the maximum civil penalty amounts applicable to
                civil penalties under the CPSA and set the same maximum amounts for the
                newly created FHSA and FFA civil penalties. 15 U.S.C. 2069(a)(1),
                1264(c)(1) and 1194(e)(1).
                 The Improvement Act amended the CPSA, FHSA, and FFA to adjust the
                maximum civil penalty amounts periodically for inflation. 15 U.S.C.
                2069(a)(3), 1264(c)(6), and 1194(e)(5). The Improvement Act required
                that the Commission ``prescribe and publish in the Federal Register a
                schedule of maximum authorized penalties that shall apply for
                violations that occur after January 1 of the year immediately following
                such publication'' not later than December 1, 1994, and December 1 of
                each fifth calendar year thereafter and directed how the Commission
                must calculate the schedule. Section 115(a)-(c) of Public Law 101-608.
                 The CPSIA amended the CPSA, FHSA, and FFA to increase the maximum
                authorized civil penalty amounts to $100,000 for each violation, and
                $15,000,000 for any related series of violations. 15 U.S.C. 2069(a)(1),
                1264(c)(1), and 1194(e)(1). The CPSIA amended the starting date in the
                CPSA from not later than December 1, 1994, and December 1 of each fifth
                calendar year thereafter, to not later than December 1, 2011, and
                December 1 of each fifth calendar year thereafter, as the date on which
                ``the Commission shall prescribe and publish in the Federal Register a
                schedule of maximum authorized penalties that shall apply for
                violations that occur after January 1 of the year immediately following
                such publication.'' Section 217 (a)(1)-(3) of Public Law 110-314. The
                CPSIA tied the effective date of the new amounts to the earlier of the
                date on which final regulations are issued under section 217(b)(2) of
                Public Law 110-314, or 1 year after August 14, 2008. Section 217(a)(4)
                of Public Law 110-314. The new amounts became effective on August 14,
                2009.
                 The Commission's Directorate for Economics calculated the cost-of-
                living adjustment increases the maximum civil penalty amounts to
                $117,656 for each violation, and to $17,140,340 for any related series
                of violations. In accordance with statutory directions regarding
                rounding, the adjusted maximum amounts are $120,000 for each violation,
                and $17,150,000 for any related series of violations. These new amounts
                apply to violations that occur after January 1, 2022.
                Alberta E. Mills,
                Secretary, Consumer Product Safety Commission.
                [FR Doc. 2021-26082 Filed 11-30-21; 8:45 am]
                BILLING CODE 6355-01-P
                

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