[Federal Register Volume 64, Number 186 (Monday, September 27, 1999)]
[Notices]
[Page 51963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24971]


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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 that provided 
for periodic adjustments to the maximum civil penalty amounts 
authorized under the Consumer Product Safety Act, the Federal Hazardous 
Substances Act, and the Flammable Fabrics Act. As calculated in 
accordance with the amendments, the new amounts are $7,000 for each 
violation and $1,650,000 for any related series of violations.

DATES: The new amounts will become effective on January 1, 2000.

FOR FURTHER INFORMATION CONTACT: Alan Shakin, Assistant General 
Counsel, CPSC, Washington, DC 20207; telephone 301-504-0980; e-mail 
``[email protected].''.

SUPPLEMENTARY INFORMATION: The Consumer Product Safety Improvement Act 
of 1990 (Improvement Act), Public Law 101-608, 104 Stat. 3110 (November 
16, 1990), amended the Consumer Product Safety Act (CPSA), the Federal 
Hazardous Substances Act (FHSA), and the Flammable Fabrics Act (FFA). 
First, the Improvement Act added civil penalty authority to the GHSA 
and FFA, which previously contained only criminal penalties. 15 U.S.C. 
Secs. 1264(c) and 1194(e). Second, the Improvement Act 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. Secs. 2069(a), 1264(c)(1), and 
1194(e)(1)/
    Third, the Improvement Act directed the Commission to adjust the 
maximum civil penalty amounts periodically for inflation:

    (A) The maximum penalty amounts authorized in paragraph (1) 
shall be adjusted for inflation as provided in this paragraph.
    (B) Not later than December 1, 1994, and December 1 of each 
fifth calendar year thereafter, the Commission shall prescribe and 
publish in the Federal Register a schedule of maximum authorized 
penalties that shall apply for violations that occur after January 1 
of the year immediately following such publication.
    (C) The schedule of maximum authorized penalties shall be 
prescribed by increasing each of the amounts referred to in 
paragraph 91) by the cost-of-living adjustment for the preceding 
five years. Any increase determined under the preceding sentence 
shall be rounded to--
    (i) In the case of penalties greater than $1,000 but less than 
or equal to $10,000, the nearest multiple of $1,000;
    (ii) In the case of penalties greater than $10,000 but less than 
or equal to $100,000, the nearest multiple of $5,000;
    (iii) in the case of penalties greater than $100,000 but less 
than or equal to $200,000, the nearest multiple of $10,000; and
    (iv) In the case of penalties greater than $200,000, the nearest 
multiple of $25,000.
    (D) For purposes of this subsection:
    (i) The term ``Consumer Price Index'' means the Consumer Price 
Index for all-urban consumers, published by the Department of Labor.
    (ii) The term ``cost-of-living adjustment for the preceding five 
years'' means the percentage by which--
    (I) the Consumer Price Index for the month of June of the 
calender year preceding the adjustment; exceeds
    (II) the Consumer Price Index for the month of June preceding 
the date on which the maximum authorized penalty was last adjusted/

15 U.S.C. 2069(a)(3), 1264(c)(6), and 1194(e)(5).
    The Commission's Directorate for Economics has calculated that the 
cost-of-living adjustment increases the maximum civil penalty amounts 
to $6,608 for each violation and to $1,652,027 for any related series 
of violations. Rounding off these numbers in accordance with the 
statutory directions, the adjusted maximum amounts are $7,000 for each 
violation and $1,650,000 for any related series of violations.
    These new amounts will apply to violations that occur after January 
1, 2000.

    Dated: September 21, 1999.
Sadye D. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 99-24971 Filed 9-24-99; 8:45 am]
BILLING CODE 6355-01-M