[Federal Register Volume 74, Number 164 (Wednesday, August 26, 2009)]
[Proposed Rules]
[Pages 43084-43085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20590]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1119


Civil Penalty Factors; Withdrawal of Proposed Rule

AGENCY: Consumer Product Safety Commission.

ACTION: Withdrawal of proposed rule.

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SUMMARY: In the Federal Register of July 12, 2006, the Consumer Product 
Safety Commission (``CPSC'' or ``Commission'') issued a proposed rule 
that would identify and explain related factors, other than those 
specified by statute, which the Commission may consider in evaluating 
the appropriateness and amount of a civil penalty under the Consumer 
Product Safety Act (``CPSA''). The Consumer Product Safety Improvement 
Act of 2008 (``CPSIA''), Public Law 110-314, 122 Stat. 3016, supersedes 
the proposed rule by amending the CPSA, the Federal Hazardous 
Substances Act (``FHSA''), and the Flammable Fabrics Act (``FFA'') to 
require the Commission to consider additional factors and to issue a 
rule providing its interpretation of all statutory factors pertaining 
to civil penalties. Consequently, the Commission is withdrawing the 
July 12, 2006 proposed rule.

DATES: The proposed rule is withdrawn as of August 26, 2009.

[[Page 43085]]


FOR FURTHER INFORMATION CONTACT: Melissa V. Hampshire, Office of the 
General Counsel, Consumer Product Safety Commission, 4330 East West 
Highway, Bethesda, Maryland 20814; telephone (301) 504-7631, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: In the Federal Register of July 12, 2006 (71 
FR 39248), the CPSC proposed to amend its regulations to add a new 
part, 16 CFR 1119, titled ``Civil Penalty Factors.'' The proposed rule 
would describe the factors the Commission may consider in determining 
the appropriateness and amount of a civil penalty for violations of 
section 19(a) of the CPSA, which includes the failure to furnish 
information required by section 15(b) of the CPSA.
    The proposal was intended to provide further clarity and 
transparency in how the CPSC determines civil penalty amounts. The 
Commission believed that the proposed rule would result in a better 
understanding by the public of the Commission's approach to determining 
the appropriateness and amount of a civil penalty.
    The Commission received four comments in response to the proposed 
rule. The CPSIA was subsequently enacted, and section 217 of the CPSIA 
revised certain sections of the CPSA, the FHSA, and the Flammable 
Fabrics Act. In general, section 217 of the CPSIA increased the maximum 
civil penalty amounts, described new factors for the CPSC to consider 
when determining civil penalty amounts, and instructed the CPSC to 
issue a final rule to interpret the ``penalty factors described in 
section 20(b) of the [CPSA] section 5(c)(3) of the [FHSA] and section 
5(e)(2) of the [FFA] as amended by subsection (a) [of the CPSIA].''
    Section 217 of the CPSIA, therefore, effectively superseded the 
July 12, 2006 proposed rule by adding new factors for consideration and 
directing the Commission to issue a final rule providing its 
interpretation of all the factors in section 20(b) of the CPSA, section 
5(c)(3) of the FHSA, and section 5(e)(2) of the FFA. Consequently, the 
Commission, through this notice, is withdrawing the July 12, 2006 
proposal.
    Elsewhere in this issue of the Federal Register, the Commission is 
issuing a new interim final rule to interpret the penalty factors 
pursuant to section 217 of the CPSIA.

    Dated: August 19, 2009.
Alberta E. Mills,
Acting Secretary, Consumer Product Safety Commission.
[FR Doc. E9-20590 Filed 8-25-09; 8:45 am]
BILLING CODE 6355-01-P