82 FR 14147 - Department of Homeland Security and Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for the H-2B Temporary Non-agricultural Worker Program
DEPARTMENT OF HOMELAND SECURITY
DEPARTMENT OF LABOR
Wage and Hour Division Federal Register Volume 82, Issue 51 (March 17, 2017)
DEPARTMENT OF LABOR
Wage and Hour Division
Federal Register Volume 82, Issue 51 (March 17, 2017)
| Page Range | 14147-14149 | |
| FR Document | 2017-05178 |
[Federal Register Volume 82, Number 51 (Friday, March 17, 2017)] [Rules and Regulations] [Pages 14147-14149] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-05178] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY [CIS No. 2585-16] RIN 1615-AC10 DEPARTMENT OF LABOR Wage and Hour Division 29 CFR Part 503 RIN 1235-AA16 Department of Homeland Security and Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for the H- 2B Temporary Non-agricultural Worker Program AGENCY: Department of Homeland Security; Wage and Hour Division, Department of Labor. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) (collectively, ``the Departments'') are jointly issuing this final rule to adjust for inflation the civil monetary penalties assessed or enforced in connection with the employment of temporary nonimmigrant workers under the H-2B program, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act). The Inflation Adjustment Act provides that agencies shall adjust civil monetary penalties notwithstanding Section 553 of the Administrative Procedure Act (APA). Additionally, the Inflation Adjustment Act provides a cost- of-living formula for adjustment of the civil penalties. Accordingly, this final rule sets forth the Departments' 2017 annual adjustments for inflation to the H-2B civil monetary penalties, effective March 17, 2017. DATES: This final rule is effective March 17, 2017. As provided by the Inflation Adjustment Act, the increased penalty levels apply to any penalties assessed after March 17, 2017. FOR FURTHER INFORMATION CONTACT: Pamela Peters, Program Analyst, U.S. Department of Labor, Room S-2312, 200 Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-5959 (this is not a toll- free number). Copies of this final rule may be obtained in alternative formats (large print, Braille, audio tape or disc), upon request, by calling (202) 693-5959 (this is not a toll-free number). TTY/TDD callers may dial toll-free 1-877-889-5627 to obtain information or request materials in alternative formats. SUPPLEMENTARY INFORMATION: I. Regulatory Information The Inflation Adjustment Act required agencies to: (1) Adjust the level of civil monetary penalties with an initial ``catch-up'' adjustment through an interim final rule (IFR); and (2) make subsequent annual adjustments for inflation. Agencies are required to publish an annual inflation adjustment no later than January 15, 2017, and by January 15 of each subsequent year. On July 1, 2016, the Departments established the initial catch-up adjustment for civil monetary penalties assessed or enforced in connection with the employment of temporary nonimmigrant workers under the H-2B [[Page 14148]] program. See 81 FR 42983 (IFR).\1\ This final rule reflects that the Departments did not receive any public comments on the jointly-issued IFR and so did not make any changes to the civil monetary penalty amounts established in the IFR based on comments received. For that reason, this rule is being issued jointly by DOL and DHS. As explained in the IFR, DOL will make future adjustments to the H-2B civil monetary penalties consistent with DOL's delegated authority under 8 U.S.C. 1184(c)(14), Immigration and Nationality Act section 214(c)(14), and the Inflation Adjustment Act. See 81 FR 42985 n.2. DOL will make the first such adjustment in 2018. --------------------------------------------------------------------------- \1\ The Departments incorporate by reference the preamble to the July 2016 IFR. See 81 FR 42983-42986. --------------------------------------------------------------------------- Agencies are required to calculate the annual adjustment based on the Consumer Price Index for all Urban Consumers (CPI-U). Annual inflation adjustments are based on the percent change between the October CPI-U preceding the date of the adjustment, and the prior year's October CPI-U; in this case, the percent change between the October 2016 CPI-U and the October 2015 CPI-U. The cost-of-living adjustment multiplier for 2017, based on the Consumer Price Index (CPI- U) for the month of October 2016, not seasonally adjusted, is 1.01636.\2\ In order to complete the 2017 annual adjustment, the Departments multiplied the most recent H-2B maximum civil monetary penalty amounts by the multiplier, 1.01636, and rounded to the nearest dollar. --------------------------------------------------------------------------- \2\ OMB provided the year-over-year multiplier, rounded to 5 decimal points. See M-17-11, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec 16, 2016). --------------------------------------------------------------------------- As provided by the Inflation Adjustment Act, the increased penalty levels apply to any penalties assessed after the effective date of this rule. Accordingly, for penalties assessed after March 17, 2017, whose associated violations occurred after November 2, 2015, the higher penalty amounts outlined in this rule will apply. The chart below demonstrates the penalty amounts that apply: ------------------------------------------------------------------------ Which penalty Violations occurring Penalty assessed level applies ------------------------------------------------------------------------ On or before November 2, 2015 On or before August 1, Pre-August 1, 2016. 2016 levels. On or before November 2, 2015 After August 1, 2016... Pre-August 1, 2016 levels. After November 2, 2015....... After August 1, 2016, August 1, 2016 but on or before March levels. 17, 2017. After November 2, 2015....... After March 17, 2017... March 17, 2017 levels. ------------------------------------------------------------------------ II. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that the Departments consider the impact of paperwork and other information collection burdens imposed on the public. The Departments have determined that this final rule does not require any collection of information. III. Administrative Procedure Act The Inflation Adjustment Act provides that agencies shall annually adjust civil monetary penalties for inflation notwithstanding Section 553 of the Administrative Procedure Act (APA). Additionally, the Inflation Adjustment Act provides a nondiscretionary clear formula for annual adjustment of the civil monetary penalties. For these reasons, the requirements in sections 553(b), (c), and (d) of the APA, relating to notice and comment and requiring that a rule be effective at least 30 days after publication in the Federal Register, are inapplicable. IV. Executive Orders 12866: Regulatory Planning and Review; and Executive Order 13563: Improving Regulation and Regulatory Review Executive Order 12866 requires that regulatory agencies assess both the costs and benefits of significant regulatory actions. Under the Executive Order, a ``significant regulatory action'' is one meeting any of a number of specified conditions, including the following: Having an annual effect on the economy of $100 million or more; creating a serious inconsistency or interfering with an action of another agency; materially altering the budgetary impact of entitlements or the rights of entitlement recipients, or raising novel legal or policy issues. The Departments have determined that this final rule is not a ``significant'' regulatory action and a cost-benefit and economic analysis is not required. This regulation merely adjusts civil monetary penalties in accordance with inflation as required by the Inflation Adjustment Act, and has no impact on disclosure or compliance costs. The benefit provided by the inflationary adjustment to the maximum civil monetary penalties is that of maintaining the incentive for the regulated community to comply with the laws enforced by the Departments, and not allowing the incentive to be diminished by inflation. To the extent this Final Rule increases civil monetary penalties, it would result in an increase in transfers from persons or entities assessed a civil monetary penalty to the government. Executive Order 13563 directs agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility to minimize burden. By mandating inflation adjustments consistent with a non- discretionary, clear formula, Congress has already determined that any possible increase in costs is justified by the overall benefits of such adjustments. This final rule makes only the statutory changes outlined herein; thus there are no alternatives or further analysis required by E.O. 13563. V. Regulatory Flexibility Act and Small Business Regulatory Enforcement Fairness Act The Regulatory Flexibility Act, 5 U.S.C. 601 et seq. (RFA), imposes certain requirements on Federal agency rules that are subject to the notice and comment requirements of the APA, 5 U.S.C. 553(b). This final rule is exempt from the requirements of the APA because the Inflation Adjustment Act directed the Departments to issue the annual adjustments without regard to Section 553 of the APA. Therefore, the requirements of the RFA applicable to final rules, 5 U.S.C. 604, do not apply to this final rule. Accordingly, the Departments are not required to either certify that the final rule would not have a significant economic impact on a substantial number of small entities or conduct a regulatory flexibility analysis. [[Page 14149]] VI. Environmental Impact Assessment This action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This action is therefore categorically excluded from further review under the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321-4375. List of Subjects in 29 CFR Part 503 Administrative practice and procedure, Aliens, Employment, Housing, Immigration, Labor, Penalties, Transportation, Wages. Accordingly, for the reasons set out in the preamble, 29 CFR part 503 is amended as follows: Title 29--Labor PART 503--ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT 0 1. The authority citation for part 503 continues to read as follows: Authority: 8 U.S.C. 1101(a)(15)(H)(ii)(b); 8 U.S.C. 1184; 8 CFR 214.2(h); 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at Sec. 701. Sec. 503.23 [Amended] 0 2. In the table below for Sec. 503.23, for each paragraph indicated in the left column, remove the dollar amount indicated in the middle column from wherever it appears in the paragraph, and add in its place the dollar amount indicated in the right column: ------------------------------------------------------------------------ Paragraph Remove Add ------------------------------------------------------------------------ (b)............................................... $11,940 $12,135 (c)............................................... 11,940 12,135 (d)............................................... 11,940 12,135 ------------------------------------------------------------------------ John F. Kelly, Secretary of Homeland Security. Edward C. Hugler, Acting Secretary of Labor. [FR Doc. 2017-05178 Filed 3-16-17; 8:45 am] BILLING CODE 4510-27-P; 9111-97-P
![Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Rules and Regulations 14147
and must include a recommended § 507.75 Residing officer for an appeal and ACTION: Final rule.
decision, with a statement of reasons. for an informal hearing.
(iv) Written appeal. If the appellant The presiding officer for an appeal, SUMMARY: The U.S. Department of
appeals the detention order but does not and for an informal hearing, must be an Homeland Security (DHS) and the U.S.
request a hearing, the presiding FDA Office of Regulatory Affairs Program Department of Labor (DOL)
official must render a decision on the Director or another FDA official senior (collectively, ‘‘the Departments’’) are
appeal affirming or revoking the to an FDA District Director. jointly issuing this final rule to adjust
detention order within 5-working days for inflation the civil monetary penalties
PART 800—GENERAL assessed or enforced in connection with
after the receipt of the appeal.
(v) Presiding FDA official’s decision. ■ 17. The authority citation for part 800 the employment of temporary
If, based on the evidence presented at continues to read as follows: nonimmigrant workers under the H–2B
the hearing or by the appellant in a program, pursuant to the Federal Civil
Authority: 21 U.S.C. 321, 334, 351, 352, Penalties Inflation Adjustment Act of
written appeal, the presiding FDA 355, 360e, 360i, 360k, 361, 362, 371.
official finds that the shell eggs were 1990 as amended by the Federal Civil
■ 18. Amend § 800.55 by revising Penalties Inflation Adjustment Act
produced or held in violation of this paragraphs (g)(3)(iv) and (g)(4) to read as
section, he must affirm the order that Improvements Act of 2015 (Inflation
follows: Adjustment Act). The Inflation
they be diverted, under the supervision
of an officer or employee of FDA for § 800.55 Administrative detention. Adjustment Act provides that agencies
processing under the EPIA or by a * * * * * shall adjust civil monetary penalties
treatment that achieves at least a 5-log (g) * * * notwithstanding Section 553 of the
destruction of SE or destroyed by or (3) * * * Administrative Procedure Act (APA).
under the supervision of an officer or (iv) Paragraph (g)(4) of this section, Additionally, the Inflation Adjustment
employee of FDA; otherwise, the rather than § 16.42(a) of this chapter, Act provides a cost-of-living formula for
presiding FDA official must issue a describes the FDA employees, i.e., adjustment of the civil penalties.
written notice that the prior order is Office of Regulatory Affairs Program Accordingly, this final rule sets forth the
withdrawn. If the presiding FDA official Directors or other FDA officials senior to Departments’ 2017 annual adjustments
affirms the order, he must order that the an FDA District Director, who preside at for inflation to the H–2B civil monetary
diversion or destruction be hearings under this section. penalties, effective March 17, 2017.
accomplished within 10-working days (4) The presiding officer of a
DATES: This final rule is effective March
from the date of the issuance of his regulatory hearing on an appeal of a
detention order, who also shall decide 17, 2017. As provided by the Inflation
decision. The presiding FDA official’s Adjustment Act, the increased penalty
the appeal, shall be an Office of
decision must be accompanied by a levels apply to any penalties assessed
Regulatory Affairs Program Director or
statement of the reasons for the after March 17, 2017.
another FDA official senior to an FDA
decision. The decision of the presiding
District Director who is permitted by FOR FURTHER INFORMATION CONTACT:
FDA official constitutes final agency
§ 16.42(a) of this chapter to preside over Pamela Peters, Program Analyst, U.S.
action, subject to judicial review.
the hearing. Department of Labor, Room S–2312, 200
(vi) No appeal. If there is no appeal Constitution Avenue NW., Washington,
* * * * *
of the order and the person in DC 20210; telephone: (202) 693–5959
possession of the shell eggs that are Dated: March 13, 2017.
(this is not a toll-free number). Copies
subject to the order fails to divert or Leslie Kux,
of this final rule may be obtained in
destroy them within 10-working days, Associate Commissioner for Policy.
alternative formats (large print, Braille,
or if the demand is affirmed by the [FR Doc. 2017–05350 Filed 3–16–17; 8:45 am] audio tape or disc), upon request, by
presiding FDA official after an appeal BILLING CODE 4164–01–P calling (202) 693–5959 (this is not a toll-
and the person in possession of such free number). TTY/TDD callers may dial
eggs fails to divert or destroy them toll-free 1–877–889–5627 to obtain
within 10-working days, FDA’s district DEPARTMENT OF HOMELAND information or request materials in
office or, if applicable, the State or local SECURITY alternative formats.
representative may designate an officer
or employee to divert or destroy such [CIS No. 2585–16] SUPPLEMENTARY INFORMATION:
eggs. It shall be unlawful to prevent or RIN 1615–AC10 I. Regulatory Information
to attempt to prevent such diversion or
destruction of the shell eggs by the DEPARTMENT OF LABOR The Inflation Adjustment Act
designated officer or employee. required agencies to: (1) Adjust the level
* * * * * Wage and Hour Division of civil monetary penalties with an
initial ‘‘catch-up’’ adjustment through
PART 507—CURRENT GOOD 29 CFR Part 503 an interim final rule (IFR); and (2) make
MANUFACTURING PRACTICE, RIN 1235–AA16 subsequent annual adjustments for
HAZARD ANALYSIS, AND RISK– inflation. Agencies are required to
BASED PREVENTIVE CONTROLS FOR Department of Homeland Security and publish an annual inflation adjustment
FOOD FOR ANIMALS Department of Labor Federal Civil no later than January 15, 2017, and by
Penalties Inflation Adjustment Act January 15 of each subsequent year.
mstockstill on DSK3G9T082PROD with RULES
■ 15. The authority citation for part 507 Annual Adjustments for the H–2B On July 1, 2016, the Departments
continues to read as follows: Temporary Non-agricultural Worker established the initial catch-up
Authority: 21 U.S.C. 331, 342, 343, 350d Program adjustment for civil monetary penalties
note, 350g, 350g note, 371, 374; 42 U.S.C. AGENCY: Department of Homeland assessed or enforced in connection with
243, 264, 271. the employment of temporary
Security; Wage and Hour Division,
■ 16. Revise § 507.75 to read as follows: Department of Labor. nonimmigrant workers under the H–2B
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![Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Rules and Regulations 14149
VI. Environmental Impact Assessment DEPARTMENT OF HOMELAND This document is issued under
SECURITY authority of 33 CFR 165.929, Safety
This action is one of a category of Zones; Annual events requiring safety
actions that do not individually or Coast Guard zones in the Captain of the Port Lake
cumulatively have a significant effect on Michigan zone, and 5 U.S.C. 552(a). In
the human environment. This action is 33 CFR Part 165 addition to this publication in the
therefore categorically excluded from [Docket No. USCG–2017–0132] Federal Register, the Coast Guard plans
further review under the National to provide the maritime community
Environmental Policy Act of 1969 RIN 1625–AA00 with advance notification for the
(NEPA), 42 U.S.C. 4321–4375. enforcement of this zone via Broadcast
Safety Zone; Annual Events Requiring Notice to Mariners or Local Notice to
List of Subjects in 29 CFR Part 503 Safety Zones in the Captain of the Port Mariners. The Captain of the Port Lake
Lake Michigan Zone—St. Patrick’s Day Michigan or a representative may be
Administrative practice and Fireworks
procedure, Aliens, Employment, contacted via Channel 16, VHF–FM.
Housing, Immigration, Labor, Penalties, AGENCY: Coast Guard, DHS. Dated: March 10, 2017.
Transportation, Wages. ACTION: Notice of enforcement of A.B. Cocanour,
regulation. Captain, U.S. Coast Guard, Captain of the
Accordingly, for the reasons set out in
Port Lake Michigan.
the preamble, 29 CFR part 503 is The Coast Guard will enforce
SUMMARY:
the safety zone on the Manitowoc River [FR Doc. 2017–05418 Filed 3–16–17; 8:45 am]
amended as follows:
in Manitowoc, WI for the St. Patrick’s BILLING CODE 9110–04–P
Title 29—Labor Day Fireworks on March 17, 2017. This
action is necessary and intended to
PART 503—ENFORCEMENT OF ensure safety of life on navigable waters ENVIRONMENTAL PROTECTION
OBLIGATIONS FOR TEMPORARY immediately prior to, during, and after AGENCY
NONIMMIGRANT NON- the fireworks display. During the
AGRICULTURAL WORKERS aforementioned period, the Coast Guard 40 CFR Part 300
DESCRIBED IN THE IMMIGRATION will enforce restrictions upon, and [EPA–HQ–SFUND–1983–0002; FRL–9958–
AND NATIONALITY ACT control movement of, vessels in the 96–Region 4]
safety zone. No person or vessel may
■ 1. The authority citation for part 503 enter the safety zone while it is being National Oil and Hazardous
continues to read as follows: enforced without permission of the Substances Pollution Contingency
Captain of the Port Lake Michigan or a Plan; National Priorities List: Deletion
Authority: 8 U.S.C. 1101(a)(15)(H)(ii)(b); 8
designated representative. of the Perdido Ground Water
U.S.C. 1184; 8 CFR 214.2(h); 28 U.S.C. 2461
DATES : The regulations in 33 CFR Contamination Superfund Site
note (Federal Civil Penalties Inflation
Adjustment Act of 1990); Pub. L. 114–74 at 165.929 will be enforced for safety zone AGENCY: Environmental Protection
§ 701. (a)(1), Table 165.929, from 6:15 p.m. Agency (EPA).
until 7:15 p.m. on March 17, 2017. ACTION: Direct final rule.
§ 503.23 [Amended] FOR FURTHER INFORMATION CONTACT: If
you have questions on this document, SUMMARY: The Environmental Protection
■ 2. In the table below for § 503.23, for
call or email marine event coordinator, Agency Region 4 is publishing this
each paragraph indicated in the left
Prevention Department, Coast Guard direct final Notice of Deletion for the
column, remove the dollar amount Perdido Ground Water Contamination
Sector Lake Michigan, Milwaukee, WI at
indicated in the middle column from (414) 747–7148, email D09-SMB- Superfund Site (Site), located in
wherever it appears in the paragraph, SECLakeMichigan-WWM@uscg.mil. Perdido, Baldwin County, Alabama,
and add in its place the dollar amount from the National Priorities List (NPL).
SUPPLEMENTARY INFORMATION: The Coast
indicated in the right column: Guard will enforce the St. Patrick’s Day The NPL, promulgated pursuant to
Fireworks safety zone listed as item Section 105 of the Comprehensive
Paragraph Remove Add Environmental Response,
(a)(1) in Table 165.929 of 33 CFR
Compensation, and Liability Act
(b) ............................. $11,940 $12,135 165.929. Section 165.929 lists many
(CERCLA) of 1980, as amended, is an
(c) .............................. 11,940 12,135 annual events requiring safety zones in
appendix of the National Oil and
(d) ............................. 11,940 12,135 the Captain of the Port Lake Michigan
zone. This safety zone will encompass Hazardous Substances Pollution
all waters of the Manitowoc River Contingency Plan (NCP). This direct
John F. Kelly, within the arc of a circle with a 250-foot final deletion is being published by the
Secretary of Homeland Security. radius from a center point launch EPA with the concurrence of the State
Edward C. Hugler, position at 44°05.492′ N., 087°39.332′ of Alabama, through the Alabama
Acting Secretary of Labor. W. (NAD 83). As specified in 33 CFR Department of Environmental
165.929, all vessels must obtain Management (ADEM), because the EPA
[FR Doc. 2017–05178 Filed 3–16–17; 8:45 am]
permission from the Captain of the Port has determined that all appropriate
BILLING CODE 4510–27–P; 9111–97–P
Lake Michigan or a designated response actions under CERCLA have
mstockstill on DSK3G9T082PROD with RULES
representative to enter, move within, or been completed. However, this deletion
exit the safety zone when it is enforced. does not preclude future actions under
Vessels and persons granted permission Superfund.
to enter the safety zone must obey all DATES: This direct final deletion is
lawful orders or directions of the effective May 16, 2017 unless the EPA
Captain of the Port Lake Michigan or a receives adverse comments by April 17,
designated representative. 2017. If adverse comments are received,
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Document Created: 2017-03-17 02:49:06
Document Modified: 2017-03-17 02:49:06
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective March 17, 2017. As provided by the Inflation Adjustment Act, the increased penalty levels apply to any penalties assessed after March 17, 2017. | |
| Contact | Pamela Peters, Program Analyst, U.S. Department of Labor, Room S-2312, 200 Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-5959 (this is not a toll- free number). Copies of this final rule may be obtained in alternative formats (large print, Braille, audio tape or disc), upon request, by calling (202) 693-5959 (this is not a toll-free number). TTY/TDD callers may dial toll-free 1-877-889-5627 to obtain information or request materials in alternative formats. | |
| FR Citation | 82 FR 14147 | |
| RIN Number | 1615-AC10 and 1235-AA16 | |
| CFR Associated | Administrative Practice and Procedure; Aliens; Employment; Housing; Immigration; Labor; Penalties; Transportation and Wages |
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