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: 

Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 3831 

§ 1.80 Forfeiture proceedings. 

* * * * * 

(b) * * * 

(1) Forfeiture penalty for a broadcast 

station licensee, permittee, cable 

television operator, or applicant. If the 

violator is a broadcast station licensee or 

permittee, a cable television operator, or 

an applicant for any broadcast or cable 

television operator license, permit, 

certificate, or other instrument of 

authorization issued by the 

Commission, except as otherwise noted 

in this paragraph (b)(1), the forfeiture 

penalty under this section shall not 

exceed $51,827 for each violation or 

each day of a continuing violation, 

except that the amount assessed for any 

continuing violation shall not exceed a 

total of $518,283 for any single act or 

failure to act described in paragraph (a) 

of this section. There is no limit on 

forfeiture assessments for EEO 

violations by cable operators that occur 

after notification by the Commission of 

a potential violation. See section 

634(f)(2) of the Communications Act. 

Notwithstanding the foregoing in this 

section, if the violator is a broadcast 

station licensee or permittee or an 

applicant for any broadcast license, 

permit, certificate, or other instrument 

of authorization issued by the 

Commission, and if the violator is 

determined by the Commission to have 

broadcast obscene, indecent, or profane 

material, the forfeiture penalty under 

this section shall not exceed $419,353 

for each violation or each day of a 

continuing violation, except that the 

amount assessed for any continuing 

violation shall not exceed a total of 

$3,870,946 for any single act or failure 

to act described in paragraph (a) of this 

section. 

(2) Forfeiture penalty for a common 

carrier or applicant. If the violator is a 

common carrier subject to the 

provisions of the Communications Act 

or an applicant for any common carrier 

license, permit, certificate, or other 

instrument of authorization issued by 

the Commission, the amount of any 

forfeiture penalty determined under this 

section shall not exceed $207,314 for 

each violation or each day of a 

continuing violation, except that the 

amount assessed for any continuing 

violation shall not exceed a total of 

$2,073,133 for any single act or failure 

to act described in paragraph (a) of this 

section. 

(3) Forfeiture penalty for a 

manufacturer or service provider. If the 

violator is a manufacturer or service 

provider subject to the requirements of 

section 255, 716, or 718 of the 

Communications Act, and is determined 

by the Commission to have violated any 

such requirement, the manufacturer or 

service provider shall be liable to the 

United States for a forfeiture penalty of 

not more than $119,055 for each 

violation or each day of a continuing 

violation, except that the amount 

assessed for any continuing violation 

shall not exceed a total of $1,190,546 for 

any single act or failure to act. 

(4) Forfeiture penalty for a 227(e) 

violation. Any person determined to 

have violated section 227(e) of the 

Communications Act or the rules issued 

by the Commission under section 227(e) 

of the Communications Act shall be 

liable to the United States for a 

forfeiture penalty of not more than 

$11,905 for each violation or three times 

that amount for each day of a continuing 

violation, except that the amount 

assessed for any continuing violation 

shall not exceed a total of $1,190,546 for 

any single act or failure to act. Such 

penalty shall be in addition to any other 

forfeiture penalty provided for by the 

Communications Act. 

(5) Forfeiture penalty for a 

227(b)(4)(B) violation. Any person 

determined to have violated section 

227(b)(4)(B) of the Communications Act 

or the rules in 47 CFR part 64 issued by 

the Commission under section 

227(b)(4)(B) of the Communications Act 

shall be liable to the United States for 

a forfeiture penalty determined in 

accordance with paragraphs (A)-(F) of 

section 503(b)(2) plus an additional 

penalty not to exceed $10,118. 

(6) Forfeiture penalty for a section 

6507(b)(4) Tax Relief Act violation. If a 

violator who is granted access to the DoNot-Call registry of public safety 

answering points discloses or 

disseminates any registered telephone 

number without authorization, in 

violation of section 6507(b)(4) of the 

Middle Class Tax Relief and Job 

Creation Act of 2012 or the 

Commission’s implementing rules in 47 

CFR part 64, the monetary penalty for 

such unauthorized disclosure or 

dissemination of a telephone number 

from the registry shall be not less than 

$111,493 per incident nor more than 

$1,114,929 per incident depending 

upon whether the conduct leading to 

the violation was negligent, grossly 

negligent, reckless, or willful, and 

depending on whether the violation was 

a first or subsequent offense. 

(7) Forfeiture penalty for a section 

6507(b)(5) Tax Relief Act violation. If a 

violator uses automatic dialing 

equipment to contact a telephone 

number on the Do-Not-Call registry of 

public safety answering points, in 

violation of section 6507(b)(5) of the 

Middle Class Tax Relief and Job 

Creation Act of 2012 or the 

Commission’s implementing rules in 47 

CFR part 64, the monetary penalty for 

contacting such a telephone number 

shall be not less than $11,149 per call 

nor more than $111,493 per call 

depending on whether the violation was 

negligent, grossly negligent, reckless, or 

willful, and depending on whether the 

violation was a first or subsequent 

offense. 

(8) Maximum forfeiture penalty for 

any case not previously covered. In any 

case not covered in paragraphs (b)(1) 

through (7) of this section, the amount 

of any forfeiture penalty determined 

under this section shall not exceed 

$20,731 for each violation or each day 

of a continuing violation, except that the 

amount assessed for any continuing 

violation shall not exceed a total of 

$155,485 for any single act or failure to 

act described in paragraph (a) of this 

section. 

* * * * * 

Note to paragraph (b)(8): * * * 

Section III. Non-Section 503 Forfeitures 

That Are Affected by the Downward 

Adjustment Factors 

* * * * * 

Violation Statutory amount 

after 2021 annual inflation adjustment 

Sec. 202(c) Common Carrier Discrimination ........................................... $12,439, $622/day. 

Sec. 203(e) Common Carrier Tariffs ........................................................ $12,439, $622/day. 

Sec. 205(b) Common Carrier Prescriptions ............................................. $24,877. 

Sec. 214(d) Common Carrier Line Extensions ........................................ $2,487/day. 

Sec. 219(b) Common Carrier Reports ..................................................... $2,487/day. 

Sec. 220(d) Common Carrier Records & Accounts ................................. $12,439/day. 

Sec. 223(b) Dial-a-Porn ............................................................................ $128,904/day. 

3832 Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 

Violation Statutory amount 

after 2021 annual inflation adjustment 

Sec. 227(e) Caller Identification ............................................................... $11,905/violation. 

*$35,715/day for each day of continuing violation, up to $1,190,546 for 

any single act or failure to act 

Sec. 364(a) Forfeitures (Ships) ................................................................ $10,366/day (owner). 

Sec. 364(b) Forfeitures (Ships) ................................................................ $2,074 (vessel master). 

Sec. 386(a) Forfeitures (Ships) ................................................................ $10,366/day (owner). 

Sec. 386(b) Forfeitures (Ships) ................................................................ $2,074 (vessel master). 

Sec. 511 Pirate Radio Broadcasting ........................................................ $2,023,640, $101,182/day. 

Sec. 634 Cable EEO ................................................................................ $919/day. 

(10) * * * 

(ii) The application of the annual 

inflation adjustment required by the 

foregoing Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 results in the following 

adjusted statutory maximum forfeitures 

authorized by the Communications Act: 

TABLE 4 TO PARAGRAPH (B)(10)(II) 

U.S. Code citation 

Maximum penalty after 2021 

annual inflation 

adjustment 

47 U.S.C. 202(c) .................. $12,439 

622 

47 U.S.C. 203(e) .................. 12,439 

622 

47 U.S.C. 205(b) .................. 24,877 

47 U.S.C. 214(d) .................. 2,487 

47 U.S.C. 219(b) .................. 2,487 

47 U.S.C. 220(d) .................. 12,439 

47 U.S.C. 223(b) .................. 128,904 

47 U.S.C. 227(e) .................. 11,905 

35,715 

1,190,546 

47 U.S.C. 362(a) .................. 10,366 

47 U.S.C. 362(b) .................. 2,074 

47 U.S.C. 386(a) .................. 10,366 

47 U.S.C. 386(b) .................. 2,074 

47 U.S.C. 503(b)(2)(A) ........ 51,827 

518,283 

47 U.S.C. 503(b)(2)(B) ........ 207,314 

2,073,133 

47 U.S.C. 503(b)(2)(C) ........ 419,353 

3,870,946 

47 U.S.C. 503(b)(2)(D) ........

20,731 

155,485 

47 U.S.C. 503(b)(2)(F) ......... 119,055 

1,190,546 

47 U.S.C. 507(a) .................. 2,053 

47 U.S.C. 507(b) .................. 301 

47 U.S.C. 511 ...................... 2,023,640 

101,182 

47 U.S.C. 554 ...................... 919 

* * * * * 

[FR Doc. 2021–00432 Filed 1–14–21; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 204, 212, 213, and 252 

[Docket DARS–2019–0063] 

RIN 0750–AJ84 

Defense Federal Acquisition 

Regulation Supplement: Covered 

Defense Telecommunications 

Equipment or Services (DFARS Case 

2018–D022) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is adopting as final, with 

changes, an interim rule amending the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) to implement 

sections of the National Defense 

Authorization Acts for Fiscal Years 2018 

and 2019 related to the procurement of 

covered telecommunications equipment 

or services. Specifically, the rule 

prohibits the use of telecommunications 

equipment or services from certain 

Chinese entities and from any other 

entities that the Secretary of Defense 

reasonably believes to be owned or 

controlled by, or otherwise connected 

to, the government of the People’s 

Republic of China or the Russian 

Federation, as a substantial or essential 

component of any system, or as a 

critical technology as a part of any 

system. 

DATES: Effective January 15, 2021. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Heather Kitchens, telephone 571–372– 

6104. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published an interim rule in the 

Federal Register at 84 FR 72231 on 

December 31, 2019, to implement 

section 1656 of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2018 (Pub. L. 115–91). This 

final DFARS rule implements the 

section 1656 prohibition, partially 

implements section 889(a)(1)(A) of the 

NDAA for FY 2019 prohibitions for 

DoD, and is structured to align with the 

Federal Acquisition Regulation 

implementation of the section 

889(a)(1)(A) Governmentwide 

prohibition. The final rule should 

increase security of systems and critical 

technology that is part of any system 

used to carry out the nuclear deterrence 

and homeland defense missions of DoD 

by prohibiting the use of 

telecommunications equipment or 

services from certain Chinese entities, 

and from any other entities that the 

Secretary of Defense reasonably believes 

to be owned or controlled by, or 

otherwise connected to, the government 

of the People’s Republic of China or the 

Russian Federation. Three respondents 

submitted comments on the interim 

rule. 

II. Discussion and Analysis 

DoD reviewed the public comments in 

the development of the final rule. Two 

changes were made to the rule as a 

result of those comments. A respondent 

expressed support for the rule. Some 

respondents expressed concern over the 

underlying intent of the statute and 

recommended changes to the rule text to 

provide specific examples related to 

definitions. While DoD recognizes the 

concerns identified by the respondents, 

most of the recommendations are not 

within the scope of the statute. The 

ability to provide examples within the 

rule text is limited by the statute, which 

does not provide examples. A 

discussion of the public comments is 

provided as follows: 

A. Summary of Significant Changes 

From Interim Rule 

There are two changes from the 

interim rule. The changes amend 

DFARS clause 252.204–7018, 

Prohibition on the Acquisition of 

Covered Defense Telecommunications 

Equipment or Services, by extending: (1) 

The reporting timeframe for the 

discovery of covered defense