60868 Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Rules and Regulations

Service Fee

(1) Initial 90-min use of video copying station with 120-minute videocassette .................................................................................. $9.75

(2) Additional 90-minute use of video copying station with no videocassette .................................................................................... 6.25

(3) Blank 120-minute VHS videocassette ........................................................................................................................................... 3.50

(e) Self-service Polaroid prints: $5.75

per print.

(f) Unlisted processes: For

reproductions not covered by this fee

schedule, see also § 1258.4. Fees for

other reproduction processes are

computed upon request.

§ 1258.14 What is NARA’s payment

policy?

(a) Form of payment. Fees may be

paid in cash, by check or money order

made payable to the National Archives

Trust Fund, or by selected credit cards.

Payments from outside the United

States must be made by international

money order payable in U.S. dollars or

a check drawn on a U.S. bank.

(b) Timing. Fees must be paid in

advance except when the appropriate

director approves a request for handling

them on an account receivable basis.

Purchasers with special billing

requirements must state them when

placing orders and must complete any

special forms for NARA approval in

advance.

§ 1258.16 Effective date.

The fees in this part are effective on

November 13, 2000. If your order was

received by NARA before this effective

date, we will charge the fees in effect at

the time the order was received.

Dated: August 23, 2000.

John W. Carlin,

Archivist of the United States.

[FR Doc. 00–26310 Filed 10–12–00; 8:45 am]

BILLING CODE 7515–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[FCC 00–347]

Inflation Adjustment of Maximum

Forfeiture Penalties

AGENCY: Federal Communications

Commission

ACTION: Final rule.

SUMMARY: This document increases the

maximum monetary forfeiture penalties

available to the Commission under its

rules governing monetary forfeiture

proceedings to account for inflation.

The inflationary adjustment is necessary

to implement the Debt Collection

Improvement Act of 1996, which

requires federal agencies to adjust ‘‘civil

monetary penalties provided by law’’ at

least once every four years. The increase

covers the period from the last

adjustment on June 1995, to June 1999.

During that period, the Consumer Price

Index (‘‘CPI’’) increased by 9.02%. The

CPI increase was applied to each

maximum penalty, and then rounded

using the statutorily defined rules to

adjust each maximum monetary

forfeiture penalty accordingly. The base

forfeiture amounts in the Commission’s

rules remain unchanged by this rule

revision.

DATES: Effective November 13, 2000.

FOR FURTHER INFORMATION CONTACT:

Thomas Spavins, Enforcement Bureau,

Technical and Public Safety Division,

202–418–1739.

SUPPLEMENTARY INFORMATION: This is a

summary of the Order by the

Commission, FCC 00–347, adopted on

September 14, 2000, and released on

September 19, 2000. The complete text

of this Order is available for inspection

and copying during normal business

hours in the FCC Reference Information

Center, Courtyard Level, 445 12th

Street, SW., Washington, DC, and also

may be purchased from the

Commission’s copy contractor,

International Transcription Services,

Inc., at 202–857–3800, CY–B400, 445

12th Street, SW., Washington, DC.

This Order amends § 1.80(b) of the

Commission’s rules by increasing the

maximum monetary forfeiture penalties

available to the Commission. The Order

adjusts the maximum forfeiture

penalties to account for the increase in

the Consumer Price Index between June

1995 and June 1999, as required by the

Debt Collection Improvement Act of

1996, 28 U.S.C. 2461, and as defined in

§ 1.80(b)(5) of the Commission’s rules.

In addition to amending § 1.80(b) of the

Commission’s rules, the Order also

deletes some obsolete or duplicative

material. The Order does not affect the

forfeiture base amounts specified in

§ 1.80(b)(4) of the Commission’s rules.

As the Order simply implements the

requirements of § 1.80(b)(5) and updates

associated text, the Commission finds

good cause to conclude that notice and

comment procedures of the

Administrative Procedure Act are

unnecessary. 5 U.S.C. 553(b)(3)(B).

Since a general notice of proposed

rulemaking is not required, the

Regulatory Flexibility Act does not

apply. 5 U.S.C. 601 et seq.

The actions taken in the Order have

been analyzed with respect to the

Paperwork Reduction Act of 1995, and

found to impose no new or modified

reporting and record keeping

requirements or burdens on the public.

List of Subjects in 47 CFR Part 1

Administrative practice and

procedure, Penalties.

Federal Comunications Commission.

William F. Caton,

Deputy Secretary.

Rule Changes

For the reasons discussed in the

preamble, the Federal Communications

Commission amends 47 CFR part 1 as

follows:

PART 1—PRACTICE AND

PROCEDURE

Subpart A—General Rules of Practice

and Procedure

Miscellaneous Proceedings

1. The authority citation for part 1

continues to read as follows:

Authority: 47 U.S.C. 325(e).

2. Section 1.80 is amended by:

(a) Revising paragraphs (b)(1) through

the text of paragraph (b)(4) preceding

the table.

(b) Revising the first paragraph and

Section III of the note to paragraph

(b)(4).

(c) Revising paragraph (b)(5)(iii)

including the table.

The revisions read as follows:

§ 1.80 Forfeiture proceedings.

* * * * *

(b) Limits on the amount of forfeiture

assessed. (1) 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, the forfeiture penalty

Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Rules and Regulations 60869

under this section shall not exceed

$27,500 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

$300,000 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.

(2) 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 $120,000 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

$1,200,000 for any single act or failure

to act described in paragraph (a) of this

section.

(3) In any case not covered in

paragraphs (b)(1) or (b)(2) of this

section, the amount of any forfeiture

penalty determined under this section

shall not exceed $11,000 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 $87,500 for

any single act or failure to act described

in paragraph (a) of this section.

Note to paragraph (b)(3): For information

concerning notices of apparent liability and

notices of opportunity for hearing, see

paragraphs (e), (f), and (g) of this section.

(4) Factors considered in determining

the amount of the forfeiture penalty. In

determining the amount of the forfeiture

penalty, the Commission or its designee

will take into account the nature,

circumstances, extent and gravity of the

violations and, with respect to the

violator, the degree of culpability, any

history of prior offenses, ability to pay,

and such other matters as justice may

require.

Note to paragraph (b)(4):

Guidelines for Assessing Forfeitures

The Commission and its staff may use

these guidelines in particular cases. The

Commission and its staff retain the discretion

to issue a higher or lower forfeiture than

provided in the guidelines, to issue no

forfeiture at all, or to apply alternative or

additional sanctions as permitted by the

statute. The forfeiture ceiling per violation or

per day for a continuing violation stated in

Section 503 of the Communications Act and

the Commission’s Rules are described in

§ 1.80(b)(5)(iii). These statutory maxima are

effective November 13, 2000. Forfeitures

issued under other sections of the Act are

dealt with separately in Section III of this

note.

* * * * *

Section III. Non-Section 503 Forfeitures That

Are Affected by the Downward Adjustment

Factors

Unlike Section 503 of the Act, which

establishes maximum forfeiture amounts,

other sections of the Act, with one exception,

state prescribed amounts of forfeitures for

violations of the relevant section. These

amounts are then subject to mitigation or

remission under Section 504 of the Act. The

one exception is Section 223 of the Act,

which provides a maximum forfeiture per

day. For convenience, the Commission will

treat this amount as if it were a prescribed

base amount, subject to downward

adjustments. The following amounts are

adjusted for inflation pursuant to the Debt

Collection Improvement Act of 1996 (DCIA),

28 U.S.C. 2461. These non-Section 503

forfeitures may be adjusted downward using

the ‘‘Downward Adjustment Criteria’’ shown

for Section 503 forfeitures in Section II of this

note.

Violation Statutory amount ($)

Sec. 202(c) Common Carrier Discrimination ........................................................................................................................... 7,600 330/day.

Sec. 203(e) Common Carrier Tariffs ....................................................................................................................................... 7,600 330/day.

Sec. 205(b) Common Carrier Prescriptions ............................................................................................................................ 13,200.

Sec. 214(d) Common Carrier Line Extensions ....................................................................................................................... 1,200/day.

Sec. 219(b) Common Carrier Reports .................................................................................................................................... 1,200.

Sec. 220(d) Common Carrier Records & Accounts ................................................................................................................ 7,600/day.

Sec. 223(b) Dial-a-Porn ........................................................................................................................................................... 60,000 maximum/day.

Sec. 364(a) Ship Station Inspection ........................................................................................................................................ 5,500 (owner).

Sec. 364(b) Ship Station Inspection ........................................................................................................................................ 1,100 (vessel master).

Sec. 386(a) Forfeitures ............................................................................................................................................................ 5,500/day (owner).

Sec. 386(b) Forfeitures ............................................................................................................................................................ 1,100 (vessel master).

Sec. 634 Cable EEO ............................................................................................................................................................... 500/day.

(5) * * *

(iii) The application of the inflation

adjustments required by the DCIA, 28

U.S.C. 2461, results in the following

adjusted statutory maximum forfeitures

authorized by the Communications Act:

U.S. Code citation

Maximum

penalty after

DCIA

adjustment

47 U.S.C. 202(c) ....................... $7,600

330

47 U.S.C 203(e) ....................... 7,600

330

47 U.S.C. 205(b) ...................... 13,200

47 U.S.C. 214(d) ...................... 1,200

47 U.S.C. 219(b) ...................... 1,200

47 U.S.C. 220(d) ...................... 7,600

47 U.S.C. 223(b) ...................... 60,000

47 U.S.C. 362(a) ...................... 5,500

U.S. Code citation

Maximum

penalty after

DCIA

adjustment

47 U.S.C. 362(b) ...................... 1,100

47 U.S.C. 386(a) ...................... 5,500

47 U.S.C. 386(b) ...................... 1,100

47 U.S.C. 503(b)(2)(A) ............. 27,500

300,000

47 U.S.C. 503(b)(2)(B) ............. 120,000

1,200,000

47 U.S.C. 503(b)(2)(C) ............. 11,000

87,500

47 U.S.C. 507(a) ...................... 550

47 U.S.C. 507(b) ...................... 110

47 U.S.C. 554 ........................... 500

Note to paragraph (b)(5): Pursuant to

Public Law 104–134, the first inflation

adjustment cannot exceed 10 percent of the

statutory maximum amount.

* * * * *

[FR Doc. 00–26193 Filed 10–12–00; 8:45 am]

BILLING CODE 6712–01–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 2, 90 and 95

[WT Docket No. 98–182; RM–9222; FCC 00–

235]

1998 Biennial Regulatory Review—

Private Land Mobile Radio Services

AGENCY: Federal Communications

Commission.

ACTION: Final rule.