[Federal Register Volume 76, Number 223 (Friday, November 18, 2011)]
[Notices]
[Pages 71554-71555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29817]


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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. On August 14, 2009, 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 also 
revised the starting date, from December 1, 1994 to December 1, 2011, 
on which the Commission must prescribe and publish in the Federal 
Register the schedule of maximum authorized penalties. As calculated in 
accordance with the amendments, the new amounts are $100,000 for each 
violation, and $15,150,000 for any related series of violations.

DATES: The new amounts will become effective on January 1, 2012.

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 (November 
16, 1990), and the Consumer Product Safety Improvement Act of 2008 
(CPSIA), Public Law 110-314, 122 Stat. 3016 (August 14, 2008), amended 
the Consumer Product Safety Act (CPSA), the Federal Hazardous 
Substances Act (FHSA), and the Flammable Fabrics Act (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 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 
(1) by the cost-of-living adjustment for the preceding 5 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;

[[Page 71555]]

    (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 calendar 
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 CPSIA amended the CPSA, FHSA, and FFA to increase the maximum 
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 also revised the starting date from December 
1, 1994, and every fifth year thereafter, to no later than December 1, 
2011, 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.''
    The Commission's Directorate for Economics has calculated that the 
cost-of-living adjustment increases the maximum civil penalty amounts 
to $101,053 for each violation, and to $15,157,981 for any related 
series of violations. Rounding off these numbers in accordance with the 
statutory directions, the adjusted maximum amounts are $100,000 for 
each violation, and $15,150,000 for any related series of violations. 
These new amounts will apply to violations that occur after January 1, 
2012.

    Dated: November 15, 2011.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2011-29817 Filed 11-17-11; 8:45 am]
BILLING CODE 6355-01-P