Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 3827 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2020–0240; FRL–10017–21– 

OAR] 

Final Anti-Backsliding Determination 

for Renewable Fuels and Air Quality 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA) has determined that no 

additional measures are necessary 

pursuant to Clean Air Act (CAA) section 

211(v) to mitigate the adverse air quality 

impacts of the renewable fuel volumes 

required under CAA section 211(o). 

DATES: January 15, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2020–0240. All 

documents in the docket are listed at the 

https://www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through https:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Rich 

Cook, Office of Transportation and Air 

Quality, Assessment and Standards 

Division, Environmental Protection 

Agency, 2000 Traverwood Drive, Ann 

Arbor, MI 48105; telephone number: 

734–214–4827; email address: 

cook.rich@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

CAA section 211(v) requires EPA to 

take two actions. First, EPA must 

complete ‘‘a study to determine whether 

the renewable fuel volumes required 

under [CAA section 211(o)] will 

adversely impact air quality as a result 

in changes of vehicle and engine 

emissions of air pollutants.’’ The study, 

commonly known as the ‘‘antibacksliding study,’’ must include 

consideration of different blend levels, 

types of renewable fuels, and available 

vehicle technologies, as well as 

appropriate national, regional, and local 

air quality control measures. EPA has 

completed the required study, which is 

available in the docket for this action 

and at https://www.epa.gov/renewablefuel-standard-program/anti-backslidingdetermination-and-study. 

Second, considering the results of the 

study, EPA must proceed down one of 

two paths: Either ‘‘promulgate fuel 

regulations to implement appropriate 

measures to mitigate, to the greatest 

extent achievable. . .any adverse 

impacts on air quality, as a result of the 

renewable volumes required by [Section 

211]’’ or ‘‘make a determination that no 

such measures are necessary.’’ 

EPA announced its proposed 

determination on June 8, 2020 (85 FR 

35048) and invited public comment. 

The proposed determination is available 

in the docket for this action and at 

https://www.epa.gov/renewable-fuelstandard-program/anti-backslidingdetermination-and-study. 

II. Final Determination 

After considering public comment, we 

determine, as proposed, that no 

additional appropriate fuel control 

measures are necessary to mitigate 

adverse air quality impacts of required 

renewable fuel volumes. More 

information on this determination can 

be found in the supporting document, 

which is available in the docket for this 

action and at https://www.epa.gov/ 

renewable-fuel-standard-program/antibacksliding-determination-and-study. 

Dated: January 5, 2021. 

Andrew Wheeler, 

Administrator. 

[FR Doc. 2021–00271 Filed 1–14–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 174 

[EPA–HQ–OPP–2018–0403; FRL–10015–98] 

Bacillus Thuringiensis Cry1Ab/Cry2Aj 

Protein and G10-evo 

Enolpyruvylshikimate-3-Phosphate 

Synthase (G10evo-EPSPS) Protein; 

Exemptions From the Requirement of 

a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

exemptions from the requirement of a 

tolerance for residues of the insecticide 

Bacillus thuringiensis Cry1Ab/Cry2Aj 

protein in or on the food and feed 

commodities of corn; corn, field; corn, 

sweet; and corn, pop, and for residues 

of the inert ingredient G10-evo 

Enolpyruvylshikimate-3-phosphate 

synthase (G10evo-EPSPS) protein in or 

on the food and feed commodities of all 

crops when used in a plant-incorporated 

protectant. Hangzhou Ruifeng 

Biosciences Co., Ltd. submitted a 

petition to EPA under the Federal Food, 

Drug, and Cosmetic Act (FFDCA), 

requesting exemptions from the 

requirement of a tolerance for these 

pesticide chemical residues. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of Bacillus thuringiensis 

Cry1Ab/Cry2Aj and G10evo-EPSPS 

proteins. 

DATES: This regulation is effective 

January 15, 2021. Objections and 

requests for hearings must be received 

on or before March 16, 2021, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2018–0403, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave, NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave, NW, Washington, DC 

20460–0001; main telephone number: 

(703) 305–7090; email address: 

BPPDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

3828 Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Publishing 

Office’s e-CFR site at http://

www.ecfr.gov/cgi-bin/text-idx?&c=

ecfr&tpl=/ecfrbrowse/Title40/40tab_

02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2018–0403 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing and must be received 

by the Hearing Clerk on or before March 

16, 2021. Addresses for mail and hand 

delivery of objections and hearing 

requests are provided in 40 CFR 

178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2018–0403, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

closed to visitors with limited 

exceptions. The staff continues to 

provide remote customer service via 

email, phone, and webform. For the 

latest status information on EPA/DC 

services and docket access, visit https:// 

www.epa.gov/dockets. 

II. Background and Statutory Findings 

In the Federal Register of December 

21, 2018 (83 FR 65660) (FRL–9985–67) 

and March 18, 2019 (84 FR 9735) (FRL– 

9989–90), EPA issued documents 

pursuant to FFDCA section 408(d)(3), 21 

U.S.C. 346a(d)(3), announcing the filing 

of pesticide tolerance petitions (PP 

8E8669 and IN–11257) by Hangzhou 

Ruifeng Biosciences Co., Ltd., 1500 

Wenyi Rd., Building 1, Room 103, 

Hangzhou, China (c/o GA Bannon 

Consulting LLC, 13 Blue Flag Court, 

Dardenne Prairie, MO 63368). Petition 

8E8669 requested that 40 CFR part 180 

be amended by establishing an 

exemption from the requirement of a 

tolerance for residues of Bacillus 

thuringiensis fusion protein Cry1Ab/ 

Cry2Aj in or on the food and feed 

commodities of corn, field; corn, sweet; 

and corn, pop when used as a plantincorporated protectant in corn; Petition 

IN–11257 requested that 40 CFR part 

180 be amended by establishing an 

exemption from the requirement of a 

tolerance for residues of Deinococcus 

radiodurans 5-enolpyruvylshikimate-3- 

phosphate synthase (EPSPS) protein in 

or on all food commodities when used 

as an inert ingredient in a plantincorporated protectant. The documents 

referenced a summary of each petition 

prepared by the petitioner Hangzhou 

Ruifeng Biosciences Co., Ltd., which are 

available in the docket, http://

www.regulations.gov. One comment was 

received on the notice of filing that 

published on December 21, 2018. EPA’s 

response to this comment is discussed 

in Unit VII.B of the document titled 

‘‘Federal Food, Drug, and Cosmetic Act 

(FFDCA) Safety Determination for 

Cry1Ab/Cry2Aj and G10evo-EPSPS 

Proteins’’ available in the docket. 

III. Final Rule 

A. EPA’s Safety Determination 

Section 408(c)(2)(A)(i) of FFDCA 

allows EPA to establish an exemption 

from the requirement for a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the exemption is ‘‘safe.’’ 

Section 408(c)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings but does not include 

occupational exposure. Pursuant to 

FFDCA section 408(c)(2)(B), in 

establishing or maintaining in effect an 

exemption from the requirement of a 

tolerance, EPA must take into account 

the factors set forth in FFDCA section 

408(b)(2)(C), which require EPA to give 

special consideration to exposure of 

infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue . . . .’’ 

Additionally, FFDCA section 

408(b)(2)(D) requires that the Agency 

consider ‘‘available information 

concerning the cumulative effects of a 

particular pesticide’s residues’’ and 

‘‘other substances that have a common 

mechanism of toxicity.’’ 

Consistent with FFDCA section 

408(b)(2)(D), EPA has reviewed the 

available scientific data and other 

relevant information in support of these 

actions and considered their validity, 

completeness and reliability, and the 

relationship of this information to 

human risk. EPA has also considered 

available information concerning the 

variability of the sensitivities of major 

identifiable subgroups of consumers, 

including infants and children. A 

summary of the data upon which EPA 

relied and its risk assessment based on 

those data can be found within the 

document entitled ‘‘Final Human Health 

Risk Assessment and Review of Product 

Characterization of the Insecticidal 

Plant-Incorporated Protectant Bacillus 

thuringiensis Cry1Ab/Cry2Aj, a G10evoEPSPS Herbicide Tolerance Protein, and 

the Genetic Material Necessary for their 

Production in ShuangKang 12–5 Maize 

and Establishment of a Permanent 

Tolerance Exemption.’’ This document, 

as well as other relevant information, is 

available in the docket for this action 

EPA–HQ–OPP–2018–0403. 

The Bacillus thuringiensis Cry1Ab/ 

Cry2Aj fusion protein is an active 

ingredient produced within the plant to 

confer protection against lepidopteran 

pests. The Deinococcus radiodurans 5- 

enolpyruvylshikimate-3-phosphate 

synthase (EPSPS) protein (hereafter 

referred to by its common name 

‘‘G10evo-EPSPS’’) protein is an inert 

ingredient used as a selectable marker 

that is produced in the plant and 

confers tolerance to the herbicide 

glyphosate. The available data 

demonstrated that, with regard to 

humans, the Cry1Ab/Cry2Aj fusion 

protein and G10evo-EPSPS are not toxic 

or allergenic via any anticipated route of 

Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 3829 

exposure. Dietary exposure is the most 

relevant route of exposure, and the 

Agency concludes that dietary exposure 

would present no harm because of the 

lack of toxicity or allergenicity of either 

protein. In addition, both proteins are 

contained within plant cells, which 

essentially eliminates the dermal and 

inhalation exposure routes or reduces 

them to negligible levels. EPA also 

determined that a Food Quality 

Protection Act (FQPA) safety factor was 

not necessary as part of the qualitative 

assessment conducted for Cry1Ab/ 

Cry2Aj and G10evo-EPSPS, due to the 

low risk of these ingredients. These 

findings are discussed in more detail in 

the document titled ‘‘Federal Food, 

Drug, and Cosmetic Act (FFDCA) Safety 

Determination for Cry1Ab/Cry2Aj and 

G10evo-EPSPS Proteins.’’ Based upon 

its evaluation in the Federal Food, Drug, 

and Cosmetic Act (FFDCA) Safety 

Determination for Cry1Ab/Cry2Aj and 

G10evo-EPSPS Proteins, EPA concludes 

that there is a reasonable certainty that 

no harm will result to the U.S. 

population, including infants and 

children, from aggregate exposure to 

residues of Cry1Ab/Cry2Aj and G10evoEPSPS. Therefore, exemptions from the 

requirement of a tolerance are 

established for residues of the Bacillus 

thuringiensis Cry1Ab/Cry2Aj fusion 

protein in or on the food and feed 

commodities of corn, field; corn, sweet; 

and corn, pop when used as a plantincorporated protectant in corn, and for 

residues of G10-evo EPSPS protein in or 

on the food and feed commodities of all 

crops when used as an inert ingredient 

in a plant-incorporated protectant. 

B. Analytical Enforcement Methodology 

The petitioner submitted EnzymeLinked Immunosorbent Assays (ELISAs) 

that detect the G10evo-EPSPS protein 

and the Cry1Ab/Cry2Aj protein in corn 

seed, along with a PCR method for use 

as a Cry1Ab/Cry2Aj screening and 

confirmation tool. G10evo-EPSPS 

protein is detectable via a quantitative, 

‘‘sandwich’’ ELISA assay using a 

commercially available kit (YouLong, 

Catalog # AA1141). Cry1Ab/Cry2Aj 

protein is detectable by combining a 

PCR screening method targeting the 

junction sequence of the cry1Ab/cry2Aj 

fusion gene followed by an ELISA assay 

to detect the Cry1Ab protein. The ELISA 

assay provided is the commercially 

available QualiPlate Kit for Cry1Ab/ 

Cry1Ac (Envirologix, Catalog # AP–003– 

CRBS), which is designed to detect the 

Cry1Ab protein in corn leaf and seed 

samples. 

C. Revisions to the Requested Tolerance 

Exemption 

The following modifications were 

made to the original requests for an 

exemption from a tolerance: 

1. EPA replaced ‘‘40 CFR part 180’’ 

with ‘‘40 CFR part 174’’ because PIP 

tolerance exemptions are published in 

part 174. 

2. Changed the name from ‘‘Bacillus 

thuringiensis fusion protein Cry1Ab/ 

Cry2Aj’’ to ‘‘Bacillus thuringiensis 

Cry1Ab/Cry2Aj protein,’’ to align with 

nomenclature for other exemptions 

published in 40 CFR part 174. 

3. Changed the name from 

‘‘Deinococcus radiodurans 5- 

enolpyruvylshikimate-3-phosphate 

synthase (EPSPS) protein’’ to ‘‘G10evo 

Enolpyruvylshikimate-3-phosphate 

synthase (G10evo-EPSPS) protein,’’ to 

align with nomenclature for other 

exemptions published in 40 CFR part 

174. 

IV. Statutory and Executive Order 

Reviews 

This action establishes exemptions 

from the requirement of a tolerance 

under FFDCA section 408(d) in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this action 

has been exempted from review under 

Executive Order 12866, this action is 

not subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) or Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), nor is it considered a 

regulatory action under Executive Order 

13771, entitled ‘‘Reducing Regulations 

and Controlling Regulatory Costs’’ (82 

FR 9339, February 3, 2017). This action 

does not contain any information 

collections subject to OMB approval 

under the Paperwork Reduction Act 

(PRA), 44 U.S.C. 3501 et seq., nor does 

it require any special considerations 

under Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or Tribes, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or Tribal governments, on the 

relationship between the National 

Government and the States or Tribal 

Governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

Tribes. Thus, the Agency has 

determined that Executive Order 13132, 

entitled ‘‘Federalism’’ (64 FR 43255, 

August 10, 1999) and Executive Order 

13175, entitled ‘‘Consultation and 

Coordination with Indian Tribal 

Governments’’ (65 FR 67249, November 

9, 2000) do not apply to this action. In 

addition, this action does not impose 

any enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act (UMRA) (2 U.S.C. 1501 et 

seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

V. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 174 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: November 5, 2020. 

Edward Messina, 

Acting Director, Office of Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter I as follows: 

3830 Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 

PART 174—PROCEDURES AND 

REQUIREMENTS FOR PLANTINCORPORATED PROTECTANTS 

■ 1. The authority citation for part 174 

continues to read as follows: 

Authority: 7 U.S.C. 136–136y; 21 U.S.C. 

321(q), 346a and 371. 

■ 2. Add § 174.542 to read as follows: 

§ 174.542 Bacillus thuringiensis Cry1Ab/ 

Cry2Aj protein in corn; exemption from the 

requirement of a tolerance. 

Residues of Bacillus thuringiensis 

Cry1Ab/Cry2Aj protein in or on the food 

or feed commodities of corn, field; corn, 

sweet; and corn, pop, are exempt from 

the requirement of a tolerance when 

used as a plant-incorporated protectant 

in corn. 

■ 3. Add § 174.543 to read as follows: 

§ 174.543 G10evo-EPSPS protein in all 

plants; exemption from the requirement of 

a tolerance. 

Residues of G10evoEnolpyruvylshikimate-3-phosphate 

synthase (G10evo-EPSPS) protein in or 

on all food or feed commodities, are 

exempt from the requirement of a 

tolerance when used as an inert 

ingredient in a plant-incorporated 

protectant. 

[FR Doc. 2020–28122 Filed 1–14–21; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[DA 20–1540; FRS 17365] 

Annual Adjustment of Civil Monetary 

Penalties To Reflect Inflation 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 (Inflation Adjustment Act) 

requires the Federal Communications 

Commission to amend its forfeiture 

penalty rules to reflect annual 

adjustments for inflation in order to 

improve their effectiveness and 

maintain their deterrent effect. The 

Inflation Adjustment Act provides that 

the new penalty levels shall apply to 

penalties assessed after the effective 

date of the increase, including when the 

penalties whose associated violation 

predate the increase. 

DATES: The rule is effective January 15, 

2021. The civil monetary penalties are 

applicable beginning January 15, 2021. 

ADDRESSES: Federal Communications 

Commission, 45 L Street NE, 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Gelb, Deputy Chief, Enforcement 

Bureau, at Lisa.Gelb@fcc.gov or 202– 

418–2019. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order, 

DA 20–1540, adopted and released on 

December 29, 2020. The document is 

available for download at https://

www.fcc.gov/document/2021-annualadjustment-civil-monetary-penaltiesreflect-inflation. The complete text of 

this document is also available for 

inspection and copying during normal 

business hours in the FCC Reference 

Information Center, 45 L Street NE, 

Washington, DC 20554. To request this 

document in accessible formats for 

people with disabilities (e.g., Braille, 

large print, electronic files, audio 

format, etc.) or to request reasonable 

accommodations (e.g., accessible format 

documents, sign language interpreters, 

CART, etc.), send an email to fcc504@

fcc.gov or call the FCC’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

The Bipartisan Budget Act of 2015 

included, as section 701 thereto, the 

Inflation Adjustment Act, which 

amended the Federal Civil Penalties 

Inflation Adjustment Act of 1990 (Pub. 

L. 101–410), to improve the 

effectiveness of civil monetary penalties 

and maintain their deterrent effect. 

Under the Inflation Adjustment Act, 

agencies are required to make annual 

inflationary adjustments by January 15 

each year, beginning in 2017. The 

adjustments are calculated pursuant to 

Office of Management and Budget 

(OMB) guidance. OMB issued guidance 

on December 23, 2020, and this Order 

follows that guidance. The Commission 

therefore updates the civil monetary 

penalties for 2021, to reflect an annual 

inflation adjustment based on the 

percent change between each published 

October’s CPI–U; in this case, October 

2020 CPI–U (260.388)/October 2019 

CPI–U (257.346) = 1.01182. The 

Commission multiplies 1.01182 by the 

most recent penalty amount and then 

rounds the result to the nearest dollar. 

The Bureau notes that, although our 

annual inflation adjustment orders have 

specifically amended ‘‘[§ ] 1.80(b) of the 

Commission’s rules . . . to adjust the 

forfeiture penalties for inflation, in 

accordance with the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (2015 

Inflation Adjustment Act),’’ we did not 

list all of the relevant rules in the 

Appendix to those orders. In addition, 

§ 1.80(b) was recently amended to 

include new civil monetary penalties 

adopted since the prior inflation 

adjustment order. Therefore, we now 

include amendments to § 1.80(b)(1) 

through (8) of the Commission’s rules, 

and the penalties in paragraph (b)(6) 

associated with the Preventing Illegal 

Radio Abuse Through Enforcement Act 

(PIRATE Act). The penalties stated in 

these provisions reflect all appropriate 

inflation adjustments under the 2015 

Inflation Adjustment Act, including the 

initial ‘‘catch up’’ adjustment where 

appropriate. 

Paperwork Reduction Act 

This document does not contain new 

or modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. It does not contain any 

new or modified information collection 

burden for small business concerns with 

fewer than 25 employees, pursuant to 

the Small Business Paperwork Relief 

Act of 2002, Public Law 107–198, see 44 

U.S.C. 3506(c)(4). 

Congressional Review Act 

The Commission has determined, and 

the Administrator of the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

concurs that this rule is non-major 

under the Congressional Review Act, 5 

U.S.C. 804(2). The Commission will 

send a copy of this Order to Congress 

and the Government Accountability 

Office pursuant to 5 U.S.C. 801(a)(1)(A). 

List of Subjects in 47 CFR Part 1 

Administrative practice and 

procedure, Penalties. 

Federal Communications Commission. 

Lisa Gelb, 

Deputy Chief, Enforcement Bureau. 

Final Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 1 as 

follows: 

PART 1—PRACTICE AND 

PROCEDURE 

■ 1. The authority citation for part 1 

continues to read as follows: 

Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 

U.S.C. 2461, unless otherwise noted. 

■ 2. Amend § 1.80 by revising 

paragraphs (b)(1) through (8), the table 

in section III of the note to paragraph 

(b)(8), and paragraph (b)(10)(ii) to read 

as follows: