[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