Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Rules and Regulations 2541 

1Under the Federal Civil Penalties Inflation 

Adjustment Act of 1990, a penalty is a civil 

monetary penalty if (among other things) it is for 

a specific monetary amount or has a maximum 

amount specified by Federal law. Title IV also 

provides (in section 4007) for penalties for late 

payment of premiums, but those penalties are 

neither in a specified amount nor subject to a 

specified maximum amount. 

information requirements as defined by 

the Paperwork Reduction Act of 1995 as 

amended. 44 U.S.C. 3501 et seq. 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the Office of 

Information and Regulatory Affairs 

designated this rule as not a ‘‘major 

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

List of Subjects in 16 CFR Part 1 

Administrative practice and 

procedure, Penalties, Trade practices. 

Text of Amendments 

For the reasons set forth in the 

preamble, the Federal Trade 

Commission amends title 16, chapter I, 

subchapter A, of the Code of Federal 

Regulations, as follows: 

PART 1—GENERAL PROCEDURES 

Subpart L—Civil Penalty Adjustments 

Under the Federal Civil Penalties 

Inflation Adjustment Act of 1990, as 

Amended 

■ 1. The authority citation for part 1, 

subpart L, continues to read as follows: 

Authority: 28 U.S.C. 2461 note. 

■ 2. Revise § 1.98 to read as follows: 

§ 1.98 Adjustment of civil monetary 

penalty amounts. 

This section makes inflation 

adjustments in the dollar amounts of 

civil monetary penalties provided by 

law within the Commission’s 

jurisdiction. The following maximum 

civil penalty amounts apply only to 

penalties assessed after January 13, 

2021, including those penalties whose 

associated violation predated January 

13, 2021. 

(a) Section 7A(g)(1) of the Clayton 

Act, 15 U.S.C. 18a(g)(1)—$43,792; 

(b) Section 11(l) of the Clayton Act, 15 

U.S.C. 21(l)—$23,266; 

(c) Section 5(l) of the FTC Act, 15 

U.S.C. 45(l)—$43,792; 

(d) Section 5(m)(1)(A) of the FTC Act, 

15 U.S.C. 45(m)(1)(A)—$43,792; 

(e) Section 5(m)(1)(B) of the FTC Act, 

15 U.S.C. 45(m)(1)(B)—$43,792; 

(f) Section 10 of the FTC Act, 15 

U.S.C. 50—$576; 

(g) Section 5 of the Webb-Pomerene 

(Export Trade) Act, 15 U.S.C. 65—$576; 

(h) Section 6(b) of the Wool Products 

Labeling Act, 15 U.SC. 68d(b)—$576; 

(i) Section 3(e) of the Fur Products 

Labeling Act, 15 U.S.C. 69a(e)—$576; 

(j) Section 8(d)(2) of the Fur Products 

Labeling Act, 15 U.S.C. 69f(d)(2)—$576; 

(k) Section 333(a) of the Energy Policy 

and Conservation Act, 42 U.S.C. 

6303(a)—$474; 

(l) Sections 525(a) and (b) of the 

Energy Policy and Conservation Act, 42 

U.S.C. 6395(a) and (b), respectively— 

$23,266 and $43,792, respectively; 

(m) Section 621(a)(2) of the Fair 

Credit Reporting Act, 15 U.S.C. 

1681s(a)(2)—$4,111; 

(n) Section 1115(a) of the Medicare 

Prescription Drug Improvement and 

Modernization Act of 2003, Public Law 

108–173, as amended by Public Law 

115–263, 21 U.S.C. 355 note—$15,482; 

(o) Section 814(a) of the Energy 

Independence and Security Act of 2007, 

42 U.S.C. 17304—$1,246,249; and 

(p) Civil monetary penalties 

authorized by reference to the Federal 

Trade Commission Act under any other 

provision of law within the jurisdiction 

of the Commission—refer to the 

amounts set forth in paragraphs (c), (d), 

(e) and (f) of this section, as applicable. 

By direction of the Commission. 

April J. Tabor, 

Acting Secretary. 

[FR Doc. 2021–00483 Filed 1–12–21; 8:45 am] 

BILLING CODE 6750–01–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Parts 4071 and 4302 

RIN 1212–AB45 

Adjustment of Civil Penalties for 

Inflation 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Final rule. 

SUMMARY: The Pension Benefit Guaranty 

Corporation is required to amend its 

regulations annually to adjust for 

inflation the maximum civil penalty for 

failure to provide certain notices or 

other material information and for 

failure to provide certain multiemployer 

plan notices. 

DATES: 

Effective date: This rule is effective on 

January 13, 2021. 

Applicability date: The increases in 

the civil monetary penalties under 

sections 4071 and 4302 of the Employee 

Retirement Income Security Act 

provided for in this rule apply to such 

penalties assessed after January 13, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Katz (katz.gregory@pbgc.gov), 

Attorney, Regulatory Affairs Division, 

Pension Benefit Guaranty Corporation, 

1200 K Street NW, Washington, DC 

20005–4026; 202–229–3829. (TTY users 

may call the Federal relay service tollfree at 800–877–8339 and ask to be 

connected to 202–229–3829.) 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

Purpose of the Regulatory Action 

This rule is needed to carry out the 

requirements of the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 and Office of 

Management and Budget guidance M– 

21–10. The rule adjusts, as required for 

2021, the maximum civil penalties 

under 29 CFR 4071 and 29 CFR 4302 

that the Pension Benefit Guaranty 

Corporation (PBGC) may assess for 

failure to provide certain notices or 

other material information and certain 

multiemployer plan notices. 

PBGC’s legal authority for this action 

comes from the Federal Civil Penalties 

Inflation Adjustment Act of 1990 as 

amended by the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 and from sections 

4002(b)(3), 4071, and 4302 of the 

Employee Retirement Income Security 

Act of 1974 (ERISA). 

Major Provisions of the Regulatory 

Action 

This rule adjusts as required by law 

the maximum civil penalties that PBGC 

may assess under sections 4071 and 

4302 of ERISA. The new maximum 

amounts are $2,259 for section 4071 

penalties and $301 for section 4302 

penalties. 

Background 

PBGC administers title IV of ERISA. 

Title IV has two provisions that 

authorize PBGC to assess civil monetary 

penalties.1 Section 4302, added to 

ERISA by the Multiemployer Pension 

Plan Amendments Act of 1980, 

authorizes PBGC to assess a civil 

penalty of up to $100 a day for failure 

to provide a notice under subtitle E of 

title IV of ERISA (dealing with 

multiemployer plans). Section 4071, 

added to ERISA by the Omnibus Budget 

Reconciliation Act of 1987, authorizes 

PBGC to assess a civil penalty of up to 

$1,000 a day for failure to provide a 

notice or other material information 

under subtitles A, B, and C of title IV 

and sections 303(k)(4) and 306(g)(4) of 

title I of ERISA. 

2542 Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Rules and Regulations 

2Sec. 701, Public Law 114–74, 129 Stat. 599–601 

(Bipartisan Budget Act of 2015). 

3See M–21–10, Implementation of Penalty 

Inflation Adjustments for 2021, Pursuant to the 

Federal Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015, https://

www.whitehouse.gov/wp-content/uploads/2020/12/ 

M-21-10.pdf. 

Adjustment of Civil Penalties 

On November 2, 2015, the President 

signed into law the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015,2 which 

requires agencies to adjust civil 

monetary penalties for inflation and to 

publish the adjustments in the Federal 

Register. An initial adjustment was 

required to be made by interim final 

rule published by July 1, 2016, and 

effective by August 1, 2016. Subsequent 

adjustments must be published by 

January 15 each year after 2016. 

On December 23, 2020, the Office of 

Management and Budget issued 

memorandum M–21–10 on 

implementation of the 2021 annual 

inflation adjustment pursuant to the 

2015 Act.3 The memorandum provides 

agencies with the cost-of-living 

adjustment multiplier for 2021, which is 

based on the Consumer Price Index 

(CPI–U) for the month of October 2020, 

not seasonally adjusted. The multiplier 

for 2021 is 1.01182. The adjusted 

maximum amounts are $2,259 for 

section 4071 penalties and $301 for 

section 4302 penalties. 

Compliance With Regulatory 

Requirements 

The Office of Management and Budget 

has determined that this rule is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866 and therefore not 

subject to its review. As this is not a 

significant regulatory action under E.O. 

12866, it is not considered an E.O. 

13771 regulatory action. 

The Office of Management and Budget 

also has determined that notice and 

public comment on this final rule are 

unnecessary because the adjustment of 

civil penalties implemented in the rule 

is required by law. See 5 U.S.C. 553(b). 

Because no general notice of proposed 

rulemaking is required for this rule, the 

Regulatory Flexibility Act of 1980 does 

not apply. See 5 U.S.C. 601(2). 

List of Subjects 

29 CFR Part 4071 

Penalties. 

29 CFR Part 4302 

Penalties. 

In consideration of the foregoing, 

PBGC amends 29 CFR parts 4071 and 

4302 as follows: 

PART 4071—PENALTIES FOR 

FAILURE TO PROVIDE CERTAIN 

NOTICES OR OTHER MATERIAL 

INFORMATION 

■ 1. The authority citation for part 4071 

continues to read as follows: 

Authority: 28 U.S.C. 2461 note, as 

amended by sec. 701, Pub. L. 114–74, 129 

Stat. 599–601; 29 U.S.C. 1302(b)(3), 1371. 

§ 4071.3 [Amended] 

■ 2. In § 4071.3, the figures ‘‘$2,233’’ are 

removed and the figures ‘‘$2,259’’ are 

added in their place. 

PART 4302—PENALTIES FOR 

FAILURE TO PROVIDE CERTAIN 

MULTIEMPLOYER PLAN NOTICES 

■ 3. The authority citation for part 4302 

continues to read as follows: 

Authority: 28 U.S.C. 2461 note, as 

amended by sec. 701, Pub. L. 114–74, 129 

Stat. 599–601; 29 U.S.C. 1302(b)(3), 1452. 

§ 4302.3 [Amended] 

■ 4. In § 4302.3, the figures ‘‘$297’’ are 

removed and the figures ‘‘$301’’ are 

added in their place. 

Issued in Washington, DC, by: 

Gordon Hartogensis, 

Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2021–00297 Filed 1–12–21; 8:45 am] 

BILLING CODE 7709–02–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

37 CFR Part 1 

[Docket No. PTO–P–2019–0009] 

RIN 0651–AD33 

Small Entity Government Use License 

Exception 

Correction 

In rule document 2020–27049 

appearing on pages 82917–82923 in the 

issue of Monday, December 21, 2020, 

make the following correction: 

On page 82917, in the third column, 

in the DATES section, change ‘‘January 

20, 2021’’ to read ‘‘January 21, 2021.’’ 

[FR Doc. C1–2020–27049 Filed 1–12–21; 8:45 am] 

BILLING CODE 1301–00–D 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

37 CFR Part 42 

[Docket No. PTO–P–2019–0011] 

RIN 0651–AD34 

Rules of Practice To Allocate the 

Burden of Persuasion on Motions To 

Amend in Trial Proceedings Before the 

Patent Trial and Appeal Board 

Correction 

In rule document 2020–28159 

appearing on pages 82923–82936 in the 

issue of Monday, December 21, 2020, 

make the following correction: 

(1) On page 82924, in the first 

column, in the DATES section, in the 

second line under the heading, change 

‘‘January 20, 2021’’ to read ‘‘January 21, 

2021.’’ 

(2) On page 82924, in the first 

column, in the DATES section, in the 

sixth line under the heading, change 

‘‘January 20, 2021’’ to read ‘‘January 21, 

2021.’’ 

[FR Doc. C1–2020–28159 Filed 1–12–21; 8:45 am] 

BILLING CODE 1301–00–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2013–0495; FRL–10019–30– 

OAR] 

RIN 2060–AT56 

Pollutant-Specific Significant 

Contribution Finding for Greenhouse 

Gas Emissions From New, Modified, 

and Reconstructed Stationary 

Sources: Electric Utility Generating 

Units, and Process for Determining 

Significance of Other New Source 

Performance Standards Source 

Categories 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: In this final action, the U.S. 

Environmental Protection Agency (EPA) 

is finalizing a significant contribution 

finding (SCF) for purposes of regulating 

source categories for greenhouse gas 

(GHG) emissions, under section 111(b) 

of the Clean Air Act (CAA) for electric 

generating units (EGUs), and in doing 

so, reaffirming that EGUs remain a listed 

source category. The EPA has reached 

that conclusion by articulating a 

framework under which source 

categories are considered to contribute