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2540

Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Rules and Regulations
deceptive acts or practicesIncrease from $43,280 to $43,792;
Section 5m1B of the FTC Act, 15 U.S.C. 45m1B unfair or deceptive acts or practicesIncrease from $43,280 to $43,792;
Section 10 of the FTC Act, 15 U.S.C.
50 failure to file required reports Increase from $569 to $576;
Section 5 of the Webb-Pomerene Export Trade Act, 15 U.S.C. 65 failure by associations engaged solely in export trade to file required statements Increase from $569 to $576;
Section 6b of the Wool Products Labeling Act, 15 U.S.C. 68db failure by wool manufacturers to maintain required recordsIncrease from $569
to $576;
Section 3e of the Fur Products Labeling Act, 15 U.S.C. 69ae failure to maintain required records regarding fur productsIncrease from $569 to $576;
Section 8d2 of the Fur Products Labeling Act, 15 U.S.C. 69fd2 failure to maintain required records regarding fur productsIncrease from $569 to $576;
Section 333a of the Energy Policy and Conservation Act, 42 U.S.C. 6303a
knowing violations of EPCA sec. 332, including labeling violationsIncrease from $468 to $474;
Section 525a of the Energy Policy and Conservation Act, 42 U.S.C. 6395a recycled oil labeling violations Increase from $22,994 to $23,266;
Section 525b of the Energy Policy and Conservation Act, 42 U.S.C. 6395b willful violations of recycled oil labeling requirementsIncrease from $43,280 to $43,792;
Section 621a2 of the Fair Credit Reporting Act, 15 U.S.C. 1681sa2
knowing violations of the Fair Credit Reporting ActIncrease from $4,063 to $4,111;
Section 1115a of the Medicare Prescription Drug Improvement and Modernization Act of 2003, Public Law 108173, as amended by Public Law 115263, 21 U.S.C. 355 note failure to comply with filing requirements Increase from $15,301 to $15,482; and Section 814a of the Energy Independence and Security Act of 2007, 42 U.S.C. 17304 violations of prohibitions on market manipulation and provision of false information to
Federal agenciesIncrease from $1,231,690 to $1,246,249.
Calculation of Inflation Adjustments The FCPIAA, as amended, directs Federal agencies to adjust each civil monetary penalty under their jurisdiction for inflation in January of each year pursuant to a cost-of-living adjustment.4 The cost-of-living adjustment is based on the percent change between the U.S. Department of Labors Consumer Price Index for allurban consumers CPIU for the month of October preceding the date of the adjustment, and the CPIU for October of the prior year.5 Based on that formula, the cost-of-living adjustment multiplier for 2021 is 1.01182. The FCPIAA also directs that these penalty level adjustments should be rounded to the nearest dollar. Agencies do not have discretion over whether to adjust a maximum civil penalty, or the method used to determine the adjustment.
The following chart illustrates the application of these adjustments to the civil monetary penalties under the Commissions jurisdiction.

CALCULATION OF ADJUSTMENTS TO MAXIMUM CIVIL MONETARY PENALTIES
Citation
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16
16
16
16
16
16
16
16
16
16
16
16
16
16
16

CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR

1.98a: 15 U.S.C. 18ag1
1.98b: 15 U.S.C. 21l
1.98c: 15 U.S.C. 45l
1.98d: 15 U.S.C. 45m1A
1.98e: 15 U.S.C. 45m1B
1.98f: 15 U.S.C. 50
1.98g: 15 U.S.C. 65
1.98h: 15 U.S.C. 68db
1.98i: 15 U.S.C. 69ae
1.98j: 15 U.S.C. 69fd2
1.98k: 42 U.S.C. 6303a
1.98l: 42 U.S.C. 6395a
1.98l: 42 U.S.C. 6395b
1.98m: 15 U.S.C. 1681sa2
1.98n: 21 U.S.C. 355 note
1.98o: 42 U.S.C. 17304

Premerger filing notification violations
Violations of cease and desist orders
Unfair or deceptive acts or practices
Unfair or deceptive acts or practices
Unfair or deceptive acts or practices
Failure to file required reports
Failure to file required statements
Failure to maintain required records
Failure to maintain required records
Failure to maintain required records
Knowing violations
Recycled oil labeling violations
Willful violations
Knowing violations
Non-compliance with filing requirements
Market manipulation or provision of false information to Federal agencies.

Effective Dates of New Penalties These new penalty levels apply to civil penalties assessed after the effective date of the applicable adjustment, including civil penalties whose associated violation predated the effective date.6 These adjustments do not retrospectively change previously assessed or enforced civil penalties that 4 28

U.S.C. 2461 note 4.
3, 5b; Office of Management and Budget, Memorandum M2110, Implementation of Penalty Inflation Adjustments for 2021, Pursuant to the Federal Civil Penalties Inflation Adjustment Act 5 Id.

VerDate Sep<11>2014

17:17 Jan 12, 2021

2020 Penalty level
Description
Jkt 253001

$43,280
22,994
43,280
43,280
43,280
569
569
569
569
569
468
22,994
43,280
4,063
15,301
1,231,690

Adjustment multiplier 1.01182
1.01182
1.01182
1.01182
1.01182
1.01182
1.01182
1.01182
1.01182
1.01182
1.01182
1.01182
1.01182
1.01182
1.01182
1.01182

2021 Penalty level rounded to the nearest dollar $43,792
23,266
43,792
43,792
43,792
576
576
576
576
576
474
23,266
43,792
4,111
15,482
1,246,249

The FCPIAA, as amended, directs agencies to adjust civil monetary penalties through rulemaking and to publish the required inflation adjustments in the Federal Register,
notwithstanding section 553 of title 5, United States Code. Pursuant to this congressional mandate, prior public notice and comment under the APA and a delayed effective date are not required.
For this reason, the requirements of the Regulatory Flexibility Act RFA also do not apply.7 Further, this rule does not contain any collection of
Improvements Act of 2015 December 23, 2020, available at: https www.whitehouse.gov/wpcontent/uploads/2020/12/M-21-10.pdf.
6 28 U.S.C. 2461 note 6.

7 A regulatory flexibility analysis under the RFA
is required only when an agency must publish a notice of proposed rulemaking for comment. See 5
U.S.C. 603.

the FTC is actively collecting or has collected.
Procedural Requirements
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