83 FR 7 - Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2018
DEPARTMENT OF LABOR
Employment and Training Administration
Office of Workers' Compensation Programs
Office of the Secretary
Wage and Hour Division
Occupational Safety and Health Administration
Mine Safety and Health Administration Federal Register Volume 83, Issue 1 (January 2, 2018)
Employment and Training Administration
Office of Workers' Compensation Programs
Office of the Secretary
Wage and Hour Division
Occupational Safety and Health Administration
Mine Safety and Health Administration
Federal Register Volume 83, Issue 1 (January 2, 2018)
| Page Range | 7-19 | |
| FR Document | 2017-28224 |
[Federal Register Volume 83, Number 1 (Tuesday, January 2, 2018)] [Rules and Regulations] [Pages 7-19] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-28224] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration 20 CFR Part 655 Office of Workers' Compensation Programs 20 CFR Parts 702, 725, 726 Office of the Secretary 29 CFR Part 5 41 CFR Part 50-201 Wage and Hour Division 29 CFR Parts 500, 501, 503, 530, 570, 578, 579, 801, 825 Occupational Safety and Health Administration 29 CFR Parts 1902, 1903 Employee Benefits Security Administration 29 CFR Part 2560, 2575, 2590 Mine Safety and Health Administration 30 CFR Part 100 RIN 1290-AA33 Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2018 AGENCY: Employment and Training Administration, Office of Workers' Compensation Programs, Office of the Secretary, Wage and Hour Division, Occupational Safety and Health Administration, Employee Benefits Security Administration, and Mine Safety and Health Administration, Department of Labor. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Department of Labor (Department) is publishing this final rule to adjust for inflation the civil monetary penalties assessed or enforced in its regulations, 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 requires the Department to annually adjust its civil money penalty levels for inflation no later than January 15 of each year. 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 Department's 2018 annual adjustments for inflation to its civil monetary penalties. DATES: This final rule is effective on January 2, 2018. As provided by the Inflation Adjustment Act, the increased penalty levels apply to any penalties assessed after January 2, 2018. FOR FURTHER INFORMATION CONTACT: Erin FitzGerald, Senior Policy Advisor, U.S. Department of Labor, Room S-2312, 200 Constitution Avenue NW, Washington, DC 20210; telephone: (202) 693-5076 (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: Preamble Table of Contents I. Background II. Adjustment for 2018 III. Paperwork Reduction Act IV. Administrative Procedure Act V. Executive Order 12866: Regulatory Planning and Review, Executive Order 13563: Improving Regulation and Regulatory Review, and Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs VI. Regulatory Flexibility Act and Small Business Regulatory Enforcement Fairness Act VII. Other Regulatory Considerations A. The Unfunded Mandates Reform Act of 1995 B. Executive Order 13132: Federalism C. Executive Order 13175: Indian Tribal Governments D. The Treasury and General Government Appropriations Act of 1999: Assessment of Federal Regulations and Policies on Families E. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks F. Environmental Impact Assessment G. Executive Order 13211: Energy Supply H. Executive Order 12630: Constitutionally Protected Property Rights I. Executive Order 12988: Civil Justice Reform Analysis I. Background On November 2, 2015, Congress enacted the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Public Law 114-74, sec. 701 (Inflation Adjustment Act), which further amended the Federal Civil [[Page 8]] Penalties Inflation Adjustment Act of 1990 as previously amended by the 1996 Debt Collection Improvement Act (collectively, the ``Prior Inflation Adjustment Act''), to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. 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, no later than January 15 of each year. On July 1, 2016, the Department published an IFR that established the initial catch-up adjustment for most civil penalties that the Department administers and requested comments. See 81 FR 43430 (DOL IFR). On January 18, 2017, the Department published the final rule establishing the 2017 Annual Adjustment for those civil monetary penalties adjusted in the DOL IFR. See 82 FR 5373 (DOL 2017 Annual Adjustment). On July 1, 2016, the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) (collectively, ``the Departments'') jointly published an IFR that 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 program. See 81 FR 42983 (Joint IFR). On March 17, 2017, the Departments jointly published the final rule establishing the 2017 Annual Adjustment for the H-2B civil monetary penalties. See 82 FR 14147 (Joint 2017 Annual Adjustment). The Joint 2017 Annual Adjustment also explained that DOL would 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 82 FR 14147-48. This rule implements the 2018 annual inflation adjustments, as required by the Inflation Adjustment Act, for civil monetary penalties assessed or enforced by the Department, including H-2B civil monetary penalties. The Inflation Adjustment Act provides that the increased penalty levels apply to any penalties assessed after the effective date of the increase. Pursuant to the Inflation Adjustment Act, this final rule is published notwithstanding Section 553 of the APA. II. Adjustment for 2018 The Department has undertaken a thorough review of civil penalties administered by its various components pursuant to the Inflation Adjustment Act and in accordance with guidance issued by the Office of Management and Budget.\1\ The Department first identified the most recent penalty amount, which is the amount established by the 2017 annual adjustment as set forth in the DOL 2017 Annual Adjustment published on January 18, 2017, and the Joint 2017 Annual Adjustment published on March 17, 2017. --------------------------------------------------------------------------- \1\ M-18-03, Implementation of Penalty Inflation Adjustments for 2018, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 15, 2017). --------------------------------------------------------------------------- The Department is 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 2017 CPI-U and the October 2016 CPI-U. The cost-of-living adjustment multiplier for 2018, based on the Consumer Price Index (CPI- U) for the month of October 2017, not seasonally adjusted, is 1.02041.\2\ In order to compute the 2018 annual adjustment, the Department multiplied the most recent penalty amount for each applicable penalty by the multiplier, 1.02041, and rounded to the nearest dollar. --------------------------------------------------------------------------- \2\ OMB provided the year-over-year multiplier, rounded to 5 decimal points. Id. at 1. --------------------------------------------------------------------------- As provided by the Inflation Adjustment Act, the increased penalty levels apply to any penalties assessed after the effective date of this rule.\3\ Accordingly, for penalties assessed after January 2, 2018, whose associated violations occurred after November 2, 2015, the higher penalty amounts outlined in this rule will apply. The tables below demonstrate the penalty amounts that apply: --------------------------------------------------------------------------- \3\ Appendix 1 consists of a table that provides ready access to key information about each penalty. Civil Monetary Penalties for the H-2B Temporary Non-Agricultural Worker Program ------------------------------------------------------------------------ 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 levels. March 17, 2017. After November 2, 2015........ After March 17, 2017 March 17, 2017 but on or before levels. January 2, 2018. After November 2, 2015........ After January 2, 2018. January 2, 2018 levels. ------------------------------------------------------------------------ Civil Monetary Penalties for Other DOL Programs ------------------------------------------------------------------------ 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 levels. January 13, 2017. After November 2, 2015........ After January 13, 2017 January 13, 2017 but on or before levels. January 2, 2018. After November 2, 2015........ After January 2, 2018. January 2, 2018 levels. ------------------------------------------------------------------------ [[Page 9]] III. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that the Department consider the impact of paperwork and other information collection burdens imposed on the public. The Department has determined that this final rule does not require any collection of information. IV. Administrative Procedure Act The Inflation Adjustment Act provides that agencies shall annually adjust civil monetary penalties for inflation notwithstanding Section 553 of the APA. Additionally, the Inflation Adjustment Act provides a nondiscretionary cost-of-living 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 30 days after publication in the Federal Register, are inapplicable. V. Executive Order 12866: Regulatory Planning and Review, Executive Order 13563: Improving Regulation and Regulatory Review, and Executive Order 13771: Reducing Regulation and Controlling Regulatory Costs 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 Department has 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 Department, and not allowing the incentive to be diminished by inflation. This rule is not an Executive Order 13771 regulatory action because this rule is not significant under Executive Order 12866. 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. This final rule is exempt from the requirements of the APA because the Inflation Adjustment Act directed the Department to issue the annual adjustments without regard to Section 553 of the APA. In that context, 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 Executive Order 13563. VI. 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 Department to issue the annual adjustments without regard to Section 553 of the APA. Therefore, the requirements of the RFA applicable to notices of proposed rulemaking, 5 U.S.C. 603, do not apply to this rule. Accordingly, the Department is 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. VII. Other Regulatory Considerations A. The Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538, requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or Tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. This Final Rule will not result in such an expenditure. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. B. Executive Order 13132: Federalism Section 18 of the OSH Act (29 U.S.C. 667) requires OSHA-approved State Plans to have standards and an enforcement program that are at least as effective as federal OSHA's standards and enforcement program. OSHA-approved State Plans must have maximum and minimum penalty levels that are at least as effective as federal OSHA's per section 18(c)(2) of the OSH Act; 29 CFR 1902.4(c)(2)(xi); 1902.37(b)(12). State Plans are required to increase their penalties in alignment with OSHA's penalty increases to maintain at least as effective penalty levels. State Plans are not required to impose monetary penalties on state and local government employers. See Sec. 1956.11(c)(2)(x). Five (5) states and one territory have State Plans that cover only state and local government employees: Connecticut, Illinois, New Jersey, New York, Maine, and the Virgin Islands. Therefore, the requirements to increase the penalty levels do not apply to these State Plans. Twenty- one (21) states and one U.S. territory have State Plans that cover both private sector employees and state and local government employees: Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming. These states must increase their penalties for private- sector employers. Other than as listed above, this final rule does not have federalism implications because it does not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. Accordingly, Executive Order 13132, Federalism, requires no further agency action or analysis. C. Executive Order 13175: Indian Tribal Governments This final rule does not have ``tribal implications'' because it does not have substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes. Accordingly, Executive Order 13175, Consultation and Coordination with [[Page 10]] Indian Tribal Governments, requires no further agency action or analysis. D. The Treasury and General Government Appropriations Act of 1999: Assessment of Federal Regulations and Policies on Families This final rule will have no effect on family well-being or stability, marital commitment, parental rights or authority, or income or poverty of families and children. Accordingly, section 654 of the Treasury and General Government Appropriations Act of 1999 (5 U.S.C. 601 note) requires no further agency action, analysis, or assessment. E. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks This final rule will have no adverse impact on children. Accordingly, Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks, as amended by Executive Orders 13229 and 13296, requires no further agency action or analysis. F. Environmental Impact Assessment A review of this final rule in accordance with the requirements of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq.; the regulations of the Council on Environmental Quality, 40 CFR 1500 et seq.; and the Departmental NEPA procedures, 29 CFR part 11, indicates that the final rule will not have a significant impact on the quality of the human environment. As a result, there is no corresponding environmental assessment or an environmental impact statement. G. Executive Order 13211: Energy Supply This final rule has been reviewed for its impact on the supply, distribution, and use of energy because it applies, in part, to the coal mining and uranium industries. MSHA has concluded that the adjustment of civil monetary penalties to keep pace with inflation and thus maintain the incentive for operators to maintain safe and healthful workplaces is not a significant energy action because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. This final rule has not been identified to have other impacts on energy supply. Accordingly, Executive Order 13211 requires no further Agency action or analysis. H. Executive Order 12630: Constitutionally Protected Property Rights This final rule will not implement a policy with takings implications. Accordingly, Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights, requires no further agency action or analysis. I. Executive Order 12988: Civil Justice Reform Analysis This final rule was drafted and reviewed in accordance with Executive Order 12988, Civil Justice Reform. This final rule was written to provide a clear legal standard for affected conduct and was carefully reviewed to eliminate drafting errors and ambiguities, so as to minimize litigation and undue burden on the Federal court system. The Department has determined that this final rule meets the applicable standards provided in section 3 of Executive Order 12988. List of Subjects 20 CFR Part 655 Immigration, Penalties, Labor. 20 CFR Part 702 Administrative practice and procedure, Longshore and harbor workers, Penalties, Reporting and recordkeeping requirements, Workers' compensation. 20 CFR Part 725 Administrative practice and procedure, Black lung benefits, Coal miners, Penalties, Reporting and recordkeeping requirements. 20 CFR Part 726 Administrative practice and procedure, Black lung benefits, Coal miners, Mines, Penalties. 29 CFR Part 5 Administrative practice and procedure, Construction industry, Employee benefit plans, Government contracts, Law enforcement, Minimum wages, Penalties, Reporting and recordkeeping requirements. 29 CFR Part 500 Administrative practice and procedure, Aliens, Housing, Insurance, Intergovernmental relations, Investigations, Migrant labor, Motor vehicle safety, Occupational safety and health, Penalties, Reporting and recordkeeping requirements, Wages, Whistleblowing. 29 CFR Part 501 Administrative practice and procedure, Agriculture, Aliens, Employment, Housing, Housing standards, Immigration, Labor, Migrant labor, Penalties, Transportation, Wages. 29 CFR Part 503 Administrative practice and procedure, Aliens, Employment, Housing, Immigration, Labor, Penalties, Transportation, Wages. 29 CFR Part 530 Administrative practice and procedure, Clothing, Homeworkers, Indians--arts and crafts, Penalties, Reporting and recordkeeping requirements, Surety bonds, Watches and jewelry. 29 CFR Part 570 Child labor, Law enforcement, Penalties. 29 CFR Part 578 Penalties, Wages. 29 CFR Part 579 Child labor, Penalties. 29 CFR Part 801 Administrative practice and procedure, Employment, Lie detector tests, Penalties, Reporting and recordkeeping requirements. 29 CFR Part 825 Administrative practice and procedure, Airmen, Employee benefit plans, Health, Health insurance, Labor management relations, Maternal and child health, Penalties, Reporting and recordkeeping requirements, Teachers. 29 CFR Parts 1902 and 1903 Intergovernmental relations, Law enforcement, Occupational Safety and Health, Penalties. 29 CFR Part 2560 Employee benefit plans, Law enforcement, Penalties, Pensions, Reporting and recordkeeping requirements. 29 CFR Part 2575 Administrative practice and procedure, Employee benefit plans, Health care, Penalties, Pensions. 29 CFR Part 2590 Employee benefit plans, Health care, Health insurance, Penalties, Pensions, Reporting and recordkeeping requirements. 30 CFR Part 100 Mine safety and health, Penalties. [[Page 11]] 41 CFR Part 50-201 Child labor, Government procurement, Minimum wages, Occupational safety and health, Reporting and recordkeeping requirements. For the reasons set out in the preamble, 20 CFR chapters V and VI, 29 CFR subtitle A and chapters V, XVII, and XXV, 30 CFR chapter I, and 41 CFR subtitle B are amended as follows: Department of Labor Employment and Training Administration Title 20--Employees' Benefits PART 655--TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES 0 1. The authority citation for part 655 continues to read as follows: Authority: Section 655.0 issued under 8 U.S.C. 1101(a)(15)(E)(iii), 1101(a)(15)(H)(i) and (ii), 8 U.S.C. 1103(a)(6), 1182(m), (n) and (t), 1184(c), (g), and (j), 1188, and 1288(c) and (d); sec. 3(c)(1), Pub. L. 101-238, 103 Stat. 2099, 2102 (8 U.S.C. 1182 note); sec. 221(a), Pub. L. 101-649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note); sec. 303(a)(8), Pub. L. 102- 232, 105 Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 323(c), Pub. L. 103-206, 107 Stat. 2428; sec. 412(e), Pub. L. 105-277, 112 Stat. 2681 (8 U.S.C. 1182 note); sec. 2(d), Pub. L. 106-95, 113 Stat. 1312, 1316 (8 U.S.C. 1182 note); 29 U.S.C. 49k; Pub. L. 107-296, 116 Stat. 2135, as amended; Pub. L. 109-423, 120 Stat. 2900; 8 CFR 214.2(h)(4)(i); and 8 CFR 214.2(h)(6)(iii). Subpart A issued under 8 CFR 214.2(h). Subpart B issued under 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), and 1188; and 8 CFR 214.2(h). Subparts F and G issued under 8 U.S.C. 1288(c) and (d); sec. 323(c), Pub. L. 103-206, 107 Stat. 2428; and 28 U.S.C. 2461 note, Pub. L. 114-74 at section 701. Subparts H and I issued under 8 U.S.C. 1101(a)(15)(H)(i)(b) and (b)(1), 1182(n) and (t), and 1184(g) and (j); sec. 303(a)(8), Pub. L. 102-232, 105 Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 412(e), Pub. L. 105-277, 112 Stat. 2681; 8 CFR 214.2(h); and 28 U.S.C. 2461 note, Pub. L. 114-74 at section 701. Subparts L and M issued under 8 U.S.C. 1101(a)(15)(H)(i)(c) and 1182(m); sec. 2(d), Pub. L. 106-95, 113 Stat. 1312, 1316 (8 U.S.C. 1182 note); Pub. L. 109-423, 120 Stat. 2900; and 8 CFR 214.2(h). Sec. Sec. 655.620, 655.801, and 655.810 [Amended] 0 2. In the table below, 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 ---------------------------------------------------------------------------------------------------------------- Sec. 655.620(a)...................... $9,054............................. $9,239 Sec. 655.801(b)...................... 7,370.............................. 7,520 Sec. 655.810(b)(1) introductory text. 1,811.............................. 1,848 Sec. 655.810(b)(2) introductory text. 7,370.............................. 7,520 Sec. 655.810(b)(3) introductory text. 51,588............................. 52,641 ---------------------------------------------------------------------------------------------------------------- Department of Labor Office of Workers' Compensation Programs PART 702--ADMINISTRATION AND PROCEDURE 0 3. The authority citation for part 702 continues to read as follows: Authority: 5 U.S.C. 301, and 8171 et seq.; 33 U.S.C. 901 et seq.; 42 U.S.C. 1651 et seq.; 43 U.S.C. 1333; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; Secretary's Order 10-2009, 74 FR 58834. Sec. Sec. 702.204, 702.236, and 702.271 [Amended] 0 4. In the table below, for each paragraph indicated in the left column, remove the dollar amount or date indicated in the middle column from wherever it appears in the paragraph and add in its place the dollar amount or date indicated in the right column. ---------------------------------------------------------------------------------------------------------------- Paragraph Remove Add ---------------------------------------------------------------------------------------------------------------- Sec. 702.204......................... $22,957............................ $23,426. Sec. 702.204......................... January 13, 2017................... January 2, 2018. Sec. 702.236......................... $279............................... $285. Sec. 702.236......................... January 13, 2017................... January 2, 2018. Sec. 702.271(a)(2)................... January 13, 2017................... January 2, 2018. Sec. 702.271(a)(2)................... $2,296............................. $2,343. Sec. 702.271(a)(2)................... $11,478............................ $11,712. ---------------------------------------------------------------------------------------------------------------- PART 725--CLAIMS FOR BENEFITS UNDER PART C OF TITLE IV OF THE FEDERAL MINE SAFETY AND HEALTH ACT, AS AMENDED 0 5. The authority citation for part 725 continues to read as follows: Authority: 5 U.S.C. 301; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174; 30 U.S.C. 901 et seq., 902(f), 921, 932, 936; 33 U.S.C. 901 et seq.; 42 U.S.C. 405; Secretary's Order 10-2009, 74 FR 58834. Sec. 725.621 [Amended] 0 6. In Sec. 725.621, amend paragraph (d) by removing ``January 13, 2017'' and adding in its place ``January 2, 2018'' and by removing ``$1,397'' and adding in its place ``$1,426''. PART 726--BLACK LUNG BENEFITS; REQUIREMENTS FOR COAL MINE OPERATOR'S INSURANCE 0 7. The authority citation for part 726 is revised to read as follows: Authority: 5 U.S.C. 301; 30 U.S.C. 901 et seq., 902(f), 925, 932, 933, 934, 936; 33 U.S.C. 901 et seq.; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174; Secretary's Order 10-2009, 74 FR 58834. [[Page 12]] Sec. 726.302 [Amended] 0 8. In the table below, for each paragraph indicated in the left column, remove the dollar amount or date indicated in the middle column from wherever it appears in the paragraph and add in its place the dollar amount or date indicated in the right column. ---------------------------------------------------------------------------------------------------------------- Paragraph Remove Add ---------------------------------------------------------------------------------------------------------------- Sec. 726.302(c)(2)(i)................ January 13, 2017................... January 2, 2018. Sec. 726.302(c)(2)(i)................ $136............................... $139. Sec. 726.302(c)(2)(i)................ $272............................... $278. Sec. 726.302(c)(2)(i)................ $409............................... $417. Sec. 726.302(c)(2)(i)................ $544............................... $555. Sec. 726.302(c)(4)................... January 13, 2017................... January 2, 2018. Sec. 726.302(c)(4)................... $136............................... $139. Sec. 726.302(c)(5)................... January 13, 2017................... January 2, 2018. Sec. 726.302(c)(5)................... $409............................... $417. Sec. 726.302(c)(6)................... January 13, 2017................... January 2, 2018. Sec. 726.302(c)(6)................... $2,795............................. $2,852. ---------------------------------------------------------------------------------------------------------------- Department of Labor Wage and Hour Division Title 29--Labor PART 5--LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY FINANCED AND ASSISTED CONSTRUCTION (ALSO LABOR STANDARDS PROVISIONS APPLICABLE TO NONCONSTRUCTION CONTRACTS SUBJECT TO THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT) 0 9. The authority citation for part 5 continues to read as follows: Authority: 5 U.S.C. 301; R.S. 161, 64 Stat. 1267; Reorganization Plan No. 14 of 1950, 5 U.S.C. appendix; 40 U.S.C. 3141 et seq.; 40 U.S.C. 3145; 40 U.S.C. 3148; 40 U.S.C. 3701 et seq.; and the laws listed in 5.1(a) of this part; Secretary's Order No. 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at Sec. 701, 129 Stat 584. Sec. 5.5 [Amended] 0 10. In Sec. 5.5, amend paragraph (b)(2) by removing ``$25'' and adding in its place ``$26''. Sec. 5.8 [Amended] 0 11. In Sec. 5.8, amend paragraph (a) by removing ``$25'' and adding in its place ``$26''. PART 500--MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION 0 12. The authority citation for part 500 continues to read as follows: Authority: Pub. L. 97-470, 96 Stat. 2583 (29 U.S.C. 1801-1872); Secretary's Order No. 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); and Pub. L. 114-74, 129 Stat 584. Sec. 500.1 [Amended] 0 13. In Sec. 500.1, amend paragraph (e) by removing ``$2,394'' and adding in its place ``$2,443''. PART 501--ENFORCEMENT OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN AGRICULTURAL WORKERS ADMITTED UNDER SECTION 218 OF THE IMMIGRATION AND NATIONALITY ACT 0 14. The authority citation for part 501 continues to read as follows: Authority: 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), and 1188; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); and Pub. L. 114-74 at Sec. 701. Sec. 501.19 [Amended] 0 15. In the table below, 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 ---------------------------------------------------------------------------------------------------------------- Sec. 501.19(c) introductory text..... $1,658............................. $1,692 Sec. 501.19(c)(1).................... 5,581.............................. 5,695 Sec. 501.19(c)(2).................... 55,263............................. 56,391 Sec. 501.19(c)(4).................... 110,524............................ 112,780 Sec. 501.19(d)....................... 5,581.............................. 5,695 Sec. 501.19(e)....................... 16,579............................. 16,917 Sec. 501.19(f)....................... 16,579............................. 16,917 ---------------------------------------------------------------------------------------------------------------- PART 503--ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT 0 16. 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 17. In the table below, 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: [[Page 13]] ---------------------------------------------------------------------------------------------------------------- Paragraph Remove Add ---------------------------------------------------------------------------------------------------------------- Sec. 503.23(b)....................... $12,135............................ $12,383 Sec. 503.23(c)....................... 12,135............................. 12,383 Sec. 503.23(d)....................... 12,135............................. 12,383 ---------------------------------------------------------------------------------------------------------------- PART 530--EMPLOYMENT OF HOMEWORKERS IN CERTAIN INDUSTRIES 0 18. The authority citation for part 530 continues to read as follows: Authority: Sec. 11, 52 Stat. 1066 (29 U.S.C. 211) as amended by sec. 9, 63 Stat. 910 (29 U.S.C. 211(d)); Secretary's Order No. 01- 2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701, 129 Stat 584. Sec. 530.302 [Amended] 0 19. In Sec. 530.302, amend paragraph (a) by removing ``$1,005'' and adding in its place ``$1,026'' and revise paragraph (b) to read as follows: Sec. 530.302 Amounts of civil penalties. * * * * * (b) The amount of civil money penalties shall be determined per affected homeworker within the limits set forth in the following schedule, except that no penalty shall be assessed in the case of violations which are deemed to be de minimis in nature: ---------------------------------------------------------------------------------------------------------------- Penalty per affected homeworker ----------------------------------------------- Nature of violation Repeated, Minor Substantial intentional or knowing ---------------------------------------------------------------------------------------------------------------- Recordkeeping................................................... $20-205 $205-410 $410-1,026 Monetary violations............................................. 20-205 205-410 .............. Employment of homeworkers without a certificate................. .............. 205-410 410-1,026 Other violations of statutes, regulations or employer assurances 20-205 205-410 410-1,026 ---------------------------------------------------------------------------------------------------------------- PART 570--CHILD LABOR REGULATIONS, ORDERS AND STATEMENTS OF INTERPRETATION Subpart G [Amended] 0 20. The authority citation for subpart G of part 570 continues to read as follows: Authority: 52 Stat. 1060-1069, as amended; 29 U.S.C. 201-219; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at Sec. 701. Sec. 570.140 [Amended] 0 21. In Sec. 570.140, amend paragraph (b)(1) by removing ``$12,278'' and adding in its place ``$12,529'' and paragraph (b)(2) by removing ``$55,808'' and adding in its place ``$56,947''. PART 578--MINIMUM WAGE AND OVERTIME VIOLATIONS--CIVIL MONEY PENALTIES 0 22. The authority citation for part 578 continues to read as follows: Authority: Sec. 9, Pub. L. 101-157, 103 Stat. 938, sec. 3103, Pub. L. 101-508, 104 Stat. 1388-29 (29 U.S.C. 216(e)), Pub. L. 101- 410, 104 Stat. 890 (28 U.S.C. 2461 note), as amended by Pub. L. 104- 134, section 31001(s), 110 Stat. 1321-358, 1321-373, and Pub. L. 114-74, 129 Stat 584. Sec. 578.3 [Amended] 0 23. In Sec. 578.3, amend paragraph (a) by removing ``$1,925'' and adding in its place ``$1,964''. PART 579--CHILD LABOR VIOLATIONS--CIVIL MONEY PENALTIES 0 24. The authority citation for part 579 continues to read as follows: Authority: 29 U.S.C. 203(l), 211, 212, 213(c), 216; Reorg. Plan No. 6 of 1950, 64 Stat. 1263, 5 U.S.C. App; secs. 25, 29, 88 Stat. 72, 76; Secretary of Labor's Order No. 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); and Pub. L. 114-7, 129 Stat 584. Sec. 579.1 [Amended] 0 25. In the table below, 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 ---------------------------------------------------------------------------------------------------------------- Sec. 579.1(a)(1)(i)(A)............... $12,278............................ $12,529 Sec. 579.1(a)(1)(i)(B)............... 55,808............................. 56,947 Sec. 579.1(a)(2)..................... 1,925.............................. 1,964 ---------------------------------------------------------------------------------------------------------------- PART 801--APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988 0 26. The authority citation for part 801 continues to read as follows: Authority: Pub. L. 100-347, 102 Stat. 646, 29 U.S.C. 2001-2009; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701, 129 Stat 584. Sec. 801.42 [Amended] 0 27. In Sec. 801.42 amend paragraph (a) introductory text by removing ``$20,111'' and adding in its place ``$20,521''. PART 825--THE FAMILY AND MEDICAL LEAVE ACT OF 1993 0 28. The authority citation for part 825 continues to read as follows: Authority: 29 U.S.C. 2654; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); and Pub. L. 114-74 at sec. 701. [[Page 14]] Sec. 825.300 [Amended] 0 29. In Sec. 825.300 amend paragraph (a)(1) by removing ``$166'' and adding in its place ``$169''. Department of Labor Occupational Safety and Health Administration Title 29--Labor PART 1903--INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES 0 30. The authority citation for part 1903 continues to read as follows: Authority: Secs. 8 and 9 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657, 658); 5 U.S.C. 553; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990), as amended by Section 701, Pub. L. 114-74; Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012). Sec. 1903.15 [Amended] 0 31. In the table below, for each paragraph indicated in the left column, remove the dollar amount or date indicated in the middle column from wherever it appears in the paragraph and add in its place the dollar amount or date indicated in the right column. ---------------------------------------------------------------------------------------------------------------- Paragraph Remove Add ---------------------------------------------------------------------------------------------------------------- Sec. 1903.15(d) introductory text.... January 13, 2017................... January 2, 2018. Sec. 1903.15(d)(1)................... $9,054............................. $9,239. Sec. 1903.15(d)(1)................... 126,749............................ 129,336. Sec. 1903.15(d)(2)................... 126,749............................ 129,336. Sec. 1903.15(d)(3)................... 12,675............................. 12,934. Sec. 1903.15(d)(4)................... 12,675............................. 12,934. Sec. 1903.15(d)(5)................... 12,675............................. 12,934. Sec. 1903.15(d)(6)................... 12,675............................. 12,934. ---------------------------------------------------------------------------------------------------------------- Department of Labor Mine Safety and Health Administration Title 30--Mineral Resources PART 100--CRITERIA AND PROCEDURES FOR PROPOSED ASSESSMENT OF CIVIL PENALTIES 0 32. The authority citation for part 100 continues to read as follows: Authority: 5 U.S.C. 301; 30 U.S.C. 815, 820, 957; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701; 0 33. In Sec. 100.3, amend paragraph (a)(1) introductory text by removing ``$69,417'' and adding in its place ``$70,834'' and in paragraph (g) by revising Table XIV-Penalty Conversion Table to read as follows: Sec. 100.3 Determination of penalty amount; regular assessment. * * * * * (g) * * * Table XIV--Penalty Conversion Table ------------------------------------------------------------------------ Points Penalty ($) ------------------------------------------------------------------------ 60 or fewer............................................. $132 61...................................................... 143 62...................................................... 154 63...................................................... 168 64...................................................... 182 65...................................................... 197 66...................................................... 213 67...................................................... 232 68...................................................... 250 69...................................................... 271 70...................................................... 294 71...................................................... 318 72...................................................... 346 73...................................................... 374 74...................................................... 404 75...................................................... 439 76...................................................... 477 77...................................................... 514 78...................................................... 558 79...................................................... 605 80...................................................... 655 81...................................................... 709 82...................................................... 768 83...................................................... 833 84...................................................... 902 85...................................................... 978 86...................................................... 1,059 87...................................................... 1,146 88...................................................... 1,243 89...................................................... 1,346 90...................................................... 1,458 91...................................................... 1,579 92...................................................... 1,710 93...................................................... 1,852 94...................................................... 2,007 95...................................................... 2,174 96...................................................... 2,355 97...................................................... 2,551 98...................................................... 2,764 99...................................................... 2,994 100..................................................... 3,244 101..................................................... 3,513 102..................................................... 3,806 103..................................................... 4,123 104..................................................... 4,466 105..................................................... 4,839 106..................................................... 5,242 107..................................................... 5,679 108..................................................... 6,152 109..................................................... 6,664 110..................................................... 7,219 111..................................................... 7,819 112..................................................... 8,472 113..................................................... 9,178 114..................................................... 9,942 115..................................................... 10,769 116..................................................... 11,666 117..................................................... 12,638 118..................................................... 13,691 119..................................................... 14,832 120..................................................... 16,066 121..................................................... 17,405 122..................................................... 18,854 123..................................................... 20,425 124..................................................... 22,127 125..................................................... 23,967 126..................................................... 25,964 127..................................................... 28,128 128..................................................... 30,470 129..................................................... 33,008 130..................................................... 35,757 131..................................................... 38,735 132..................................................... 41,961 133..................................................... 45,455 134..................................................... 49,081 135..................................................... 52,706 136..................................................... 56,333 137..................................................... 59,957 138..................................................... 63,583 139..................................................... 67,208 140 or more............................................. 70,834 ------------------------------------------------------------------------ * * * * * Sec. Sec. 100.4 and 100.5 [Amended] 0 34. In the table below, 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. [[Page 15]] ---------------------------------------------------------------------------------------------------------------- Paragraph Remove Add ---------------------------------------------------------------------------------------------------------------- Sec. 100.4(a)........................ $2,314............................. $2,361 Sec. 100.4(b)........................ 4,627.............................. 4,721 Sec. 100.4(c) introductory text...... 5,785.............................. 5,903 Sec. 100.4(c) introductory text...... 69,417............................. 70,834 Sec. 100.5(c)........................ 7,520.............................. 7,673 Sec. 100.5(d)........................ 318................................ 324 Sec. 100.5(e)........................ 254,530............................ 259,725 ---------------------------------------------------------------------------------------------------------------- Title 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT PART 50-201--GENERAL REGULATIONS 0 35. The authority citation for part 50-201 continues to read as follows: Authority: Sec. 4, 49 Stat. 2038; 41 U.S.C. 38. Interpret or apply sec. 6, 49 Stat. 2038, as amended; 41 U.S.C. 40; 108 Stat. 7201; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at Sec. 701, 129 Stat 584. Sec. 50-201.3 [Amended] 0 36. In Sec. 50-201.3, amend paragraph (e) by removing ``$25'' and adding in its place ``$26''. Note: The following Appendix will not appear in the Code of Federal Regulations. -------------------------------------------------------------------------------------------------------------------------------------------------------- 2017 2018 ------------------------------------------------------------------- Min penalty Min penalty Agency Law Name/description CFR Citation (rounded to Max penalty (rounded to Max penalty nearest (rounded to nearest nearest (rounded to nearest dollar) dollar) dollar) dollar) -------------------------------------------------------------------------------------------------------------------------------------------------------- MSHA................. Federal Mine Safety Regular Assessment. 30 CFR 100.3(a).... ........... $69,417............ ........... $70,834. & Health Act of 1977. MSHA................. Federal Mine Safety Penalty Conversion 30 CFR 100.3(g).... $129 69,417............. $132 70,834. & Health Act of Table. 1977. MSHA................. Federal Mine Safety Minimum Penalty for 30 CFR 100.4(a).... 2,314 ................... 2,361 & Health Act of any order issued 1977. under 104(d)(1) of the Mine Act. MSHA................. Federal Mine Safety Minimum penalty for 30 CFR 100.4(b).... 4,627 ................... 4,721 & Health Act of any order issued 1977. under 104(d)(2) of the Mine Act. MSHA................. Federal Mine Safety Penalty for failure 39 CFR 100.4(c).... 5,785 69,417............. 5,903 70,834. & Health Act of to provide timely 1977. notification under 103(j) of the Mine Act. MSHA................. Federal Mine Safety Any operator who 30 CFR 100.5(c).... ........... 7,520.............. ........... 7,673. & Health Act of fails to correct a 1977. violation for which a citation or order was issued under 104(a) of the Mine Act-. MSHA................. Federal Mine Safety Violation of 30 CFR 100.5(d).... ........... 318................ ........... 324. & Health Act of mandatory safety 1977. standards related to smoking standards. MSHA................. Federal Mine Safety Flagrant violations 30 CFR 100.5(e).... ........... 254,530............ ........... 259,725. & Health Act of under 110(b)(2) of 1977. the Mine Act. EBSA................. Employee Retirement Section 209(b): 29 CFR 2575.2(a)... ........... 28................. ........... 29. Income Security Failure to furnish Act. reports (e.g., pension benefit statements) to certain former participants and beneficiaries or maintain records. EBSA................. Employee Retirement Section 502(c)(2)-- 29 CFR 2575.2(b)... ........... 2,097.............. ........... 2,140. Income Security Per day for Act. failure/refusal to properly file plan annual report. [[Page 16]] EBSA................. Employee Retirement Section 502(c)(4)-- 29 CFR 2575.2(c)... ........... 1,659.............. ........... 1,693. Income Security Per day for Act. failure to disclose certain documents upon request under ERISA 101(k) and (l); failure to furnish notices under 101(j) and 514(e)(3)--each statutory recipient a separate violation. EBSA................. Employee Retirement Section 502(c)(5)-- 29 CFR 2575.2(d)... ........... 1,527.............. ........... 1,558. Income Security Per day for each Act. failure to file annual report for Multiple Employer Welfare Arrangements (MEWAs). EBSA................. Employee Retirement Section 502(c)(6)-- 29 CFR 2575.2(e)... ........... $149 per day, not ........... $152 per day, not Income Security Per day for each to exceed $1,496 to exceed $1,527 Act. failure to provide per request. per request. Secretary of Labor requested documentation not to exceed a per- request maximum. EBSA................. Employee Retirement Section 502(c)(7)-- 29 CFR 2575.2(f)... ........... 133................ ........... 136. Income Security Per day for each Act. failure to provide notices of blackout periods and of right to divest employer securities--each statutory recipient a separate violation. EBSA................. Employee Retirement Section 502(c)(8)-- 29 CFR 2575.2(g)... ........... 1,317.............. ........... 1,344. Income Security Per each failure Act. by an endangered status multiemployer plan to adopt a funding improvement plan or meet benchmarks; failure of a critical status multiemployer plan to adopt a rehabilitation plan. EBSA................. Employee Retirement Section 29 CFR 2575.2(h)... ........... 112................ ........... 114. Income Security 502(c)(9)(A)--Per Act. day for each failure by an employer to inform employees of CHIP coverage opportunities under Section 701(f)(3)(B)(i)(l) -each employee a separate violation. EBSA................. Employee Retirement Section 29 CFR 2575.2(i)... ........... 112................ ........... 114. Income Security 502(c)(9)(B)--Per Act. day for each failure by a plan to timely provide to any State information required to be disclosed under Section 701(f)(3)(B)(ii), as added by CHIP regarding coverage coordination--each participant/ beneficiary a separate violation. [[Page 17]] EBSA................. Employee Retirement Section 502(c)(10)-- 29 CFR 2575.2(j)(1) ........... 112................ ........... 114. Income Security Failure by any Act. plan sponsor of group health plan, or any health insurance issuer offering health insurance coverage in connection with the plan, to meet the requirements of Sections 702(a)(1)(F), (b)(3), (c) or (d); or Section 701; or Section 702(b)(1) with respect to genetic information--daily per participant and beneficiary non-compliance period. EBSA................. Employee Retirement Section 502(c)(10)-- 29 CFR 2575.2(j)(2) 2,790 ................... 2,847 Income Security uncorrected de Act. minimis violation. EBSA................. Employee Retirement Section 502(c)(10)-- 29 CFR 2575.2(j)(3) 16,742 ................... 17,084 Income Security uncorrected Act. violations that are not de minimis. EBSA................. Employee Retirement Section 502(c)(10)-- 29 CFR 2575.2(j)(4) ........... 558,078............ ........... 569,468. Income Security unintentional Act. failure maximum cap. EBSA................. Employee Retirement Section 502(c)(12)-- 29 CFR 2575.2(k)... ........... 102................ ........... 104. Income Security Per day for each Act. failure of a CSEC plan in restoration status to adopt a restoration plan. EBSA................. Employee Retirement Section 502(m)-- 29 CFR 2575.2(l)... ........... 16,169............. ........... 16,499. Income Security Failure of Act. fiduciary to make a proper distribution from a defined benefit plan under section 206(e) of ERISA. EBSA................. Employee Retirement Failure to provide 29 CFR 2575.2(m)... ........... 1,105.............. ........... 1,128. Income Security Summary of Act. Benefits Coverage under PHS Act section 2715(f), as incorporated in ERISA section 715 and 29 CFR 2590.715-2715(e). OSHA................. Occupational Safety Serious Violation.. 29 CFR ........... 12,675............. ........... 12,934. and Health Act. 1903.15(d)(3). OSHA................. Occupational Safety Other-Than-Serious. 29 CFR ........... 12,675............. ........... 12,934. and Health Act. 1903.15(d)(4). OSHA................. Occupational Safety Willful............ 29 CFR 9,054 126,749............ 9,239 129,336. and Health Act. 1903.15(d)(1). OSHA................. Occupational Safety Repeated........... 29 CFR ........... 126,749............ ........... 129,336. and Health Act. 1903.15(d)(2). OSHA................. Occupational Safety Posting Requirement 29 CFR ........... 12,675............. ........... 12,934. and Health Act. 1903.15(d)(6). OSHA................. Occupational Safety Failure to Abate... 29 CFR ........... 12,675............. ........... 12,934. and Health Act. 1903.15(d)(5). WHD.................. Family and Medical FMLA............... 29 CFR ........... 166................ ........... 169. Leave Act. 825.300(a)(1). WHD.................. Fair Labor FLSA............... 29 CFR 578.3(a).... ........... 1,925.............. ........... 1,964. Standards Act. WHD.................. Fair Labor Child Labor........ 29 CFR 579.1(a)(2). ........... 1,925.............. ........... 1,964. Standards Act. WHD.................. Fair Labor Child Labor........ 29 CFR ........... 12,278............. ........... 12,529. Standards Act. 570.140(b)(1). WHD.................. Fair Labor Child Labor........ 29 CFR ........... 12,278............. ........... 12,529. Standards Act. 579.1(a)(1)(i)(A). WHD.................. Fair Labor Child Labor that 29 CFR ........... 55,808............. ........... 56,947. Standards Act. causes serious 570.140(b)(2). injury or death. [[Page 18]] WHD.................. Fair Labor Child Labor that 29 CFR ........... 55,808............. ........... 56,947. Standards Act. causes serious 579.1(a)(1)(i)(B). injury or death. WHD.................. Fair Labor Child Labor willful 29 CFR ........... 111,616............ ........... 113,894. Standards Act. or repeated that 570.140(b)(2); 29 causes serious CFR injury or death. 579.1(a)(1)(i)(B). WHD.................. Migrant and MSPA............... 29 CFR 500.1(e).... ........... 2,394.............. ........... 2,443. Seasonal Agricultural Worker Protection Act. WHD.................. Immigration & H1B................ 20 CFR ........... 1,811.............. ........... 1,848. Nationality Act. 655.810(b)(1). WHD.................. Immigration & H1B retaliation.... 20 CFR 655.801(b).. ........... 7,370.............. ........... 7,520. Nationality Act. WHD.................. Immigration & H1B willful or 20 CFR ........... 7,370.............. ........... 7,520. Nationality Act. discrimination. 655.810(b)(2). WHD.................. Immigration & H1B willful that 20 CFR ........... 51,588............. ........... 52,641. Nationality Act. resulted in 655.810(b)(3). displacement of a US worker. WHD.................. Immigration & D-1................ 20 CFR 655.620(a).. ........... 9,054.............. ........... 9,239. Nationality Act. WHD.................. Contract Work Hours CWHSSA............. 29 CFR 5.5(b)(2)... ........... 25................. ........... 26. and Safety Standards Act. WHD.................. Contract Work Hours CWHSSA............. 29 CFR 5.8(a)...... ........... 25................. ........... 26. and Safety Standards Act. WHD.................. Walsh-Healey Public Walsh-Healey....... 41 CFR 50-201.3(e). ........... 25................. ........... 26. Contracts Act. WHD.................. Employee Polygraph EPPA............... 29 CFR 801.42(a)... ........... 20,111............. ........... 20,521. Protection Act. WHD.................. Immigration & H2A................ 29 CFR 501.19(c)... ........... 1,658.............. ........... 1,692. Nationality Act. WHD.................. Immigration & H2A willful or 29 CFR 501.19(c)(1) ........... 5,581.............. ........... 5,695. Nationality Act. discrimination. WHD.................. Immigration & H2A Safety or 29 CFR 501.19(c)(2) ........... 55,263............. ........... 56,391. Nationality Act. health resulting in serious injury or death. WHD.................. Immigration & H2A willful or 29 CFR 501.19(c)(4) ........... 110,524............ ........... 112,780. Nationality Act. repeated safety or health resulting in serious injury or death. WHD.................. Immigration & H2A failing to 29 CFR 501.19(d)... ........... 5,581.............. ........... 5,695. Nationality Act. cooperate in an investigation. WHD.................. Immigration & H2A displacing a US 29 CFR 501.19(e)... ........... 16,579............. ........... 16,917. Nationality Act. worker. WHD.................. Immigration & H2A improperly 29 CFR 501.19(f)... ........... 16,579............. ........... 16,917. Nationality Act. rejecting a US worker. WHD.................. Immigration & H-2B............... 29 CFR 503.23(b)- ........... 12,135............. ........... 12,383. Nationality Act. (d). WHD.................. Fair Labor Home Worker........ 29 CFR 530.302(a).. ........... 1,005.............. ........... 1,026. Standards Act. WHD.................. Fair Labor Home Worker........ 29 CFR 530.302(b).. 20 1,005.............. 20 1,026. Standards Act. OWCP................. Longshore and Failure to file 20 CFR 702.204..... ........... 22,957............. ........... 23,426. Harbor Workers' first report of Compensation Act. injury or filing a false statement or misrepresentation in first report. OWCP................. Longshore and Failure to report 20 CFR 702.236..... ........... 279................ ........... 285. Harbor Workers' termination of Compensation Act. payments. OWCP................. Longshore and Discrimination 20 CFR 2,296 11,478............. 2,343 11,712. Harbor Workers' against employees 702.271(a)(2). Compensation Act. who claim compensation or testify in a LHWCA proceeding. OWCP................. Black Lung Benefits Failure to report 20 CFR 725.621(d).. ........... 1,397.............. ........... 1,426. Act. termination of payments. OWCP................. Black Lung Benefits Failure to file 20 CFR 725.621(d).. ........... 1,397.............. ........... 1,426 Act. required reports. [[Page 19]] OWCP................. Black Lung Benefits Failure to secure 20 CFR 136 ................... 139 Act. payment of 726.302(c)(2)(i). benefits for mines with fewer than 25 employees. OWCP................. Black Lung Benefits Failure to secure 20 CFR 272 ................... 278 Act. payment of 726.302(c)(2)(i). benefits for mines with 25-50 employees. OWCP................. Black Lung Benefits Failure to secure 20 CFR 409 ................... 417 Act. payment of 726.302(c)(2)(i). benefits for mines with 51-100 employees. OWCP................. Black Lung Benefits Failure to secure 20 CFR 544 ................... 555 Act. payment of 726.302(c)(2)(i). benefits for mines with more than 100 employees. OWCP................. Black Lung Benefits Failure to secure 20 CFR 136 ................... 139 Act. payment of 726.302(c)(4). benefits after 10th day of notice. OWCP................. Black Lung Benefits Failure to secure 20 CFR 409 ................... 417 Act. payment of 726.302(c)(5). benefits for repeat offenders. OWCP................. Black Lung Benefits Failure to secure 20 CFR ........... 2,795.............. ........... 2,852. Act. payment of 726.302(c)(5). benefits. -------------------------------------------------------------------------------------------------------------------------------------------------------- Signed at Washington, DC, this 22nd day of December, 2017. R. Alexander Acosta, Secretary, U.S. Department of Labor. [FR Doc. 2017-28224 Filed 12-29-17; 8:45 am] BILLING CODE 4510-HL-P
![1292 Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Rules and Regulations
penalty of not more than $8,697 for each determined by the agency head or his or § 824.4 Civil penalties.
violation. her designee. * * * * *
* * * * * * * * * * (c) The Director may propose
imposition of a civil penalty for
PART 501—ADMINISTRATIVE Appendix A to Part 601 [Amended] violation of a requirement of a
PROCEDURES AND SANCTIONS ■ 15. Appendix A to part 601 is regulation or rule under paragraph (a) of
amended by: this section or a compliance order
■ 11. The authority citation for part 501 issued under paragraph (b) of this
continues to read as follows: ■ a. Removing ‘‘$19,246’’ wherever it
appears and adding in its place section, not to exceed $146,648 for each
Authority: 42 U.S.C. 7101 et seq.; 42 U.S.C. ‘‘$19,639’’. violation.
8301 et seq.; 42 U.S.C. 8701 et seq.; E.O. * * * * *
■ b. Removing ‘‘$192,459’’ wherever it
12009, 42 FR 46267; 28 U.S.C. 2461 note.
appears and adding in its place
■ 12. Section 501.181 is amended by ‘‘$196,387’’. PART 851—WORKER SAFETY AND
revising paragraph (c)(1) to read as ■ c. Removing the second instance of
HEALTH PROGRAM
follows: the phrase ‘‘Any person who fails to file ■ 21. The authority citation for part 851
§ 501.181 Sanctions. the required certification’’ and adding in continues to read as follows:
its place the phrase ‘‘Any person who
* * * * * Authority: 42 U.S.C. 2201(i)(3), (p); 42
fails to file the required statement’’.
(c) * * * (1) Any person who violates U.S.C. 2282c; 42 U.S.C. 5801 et seq.; 42
any provisions of the Act (other than PART 820—PROCEDURAL RULES U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.;
section 402) or any rule or order 28 U.S.C. 2461 note.
FOR DOE NUCLEAR ACTIVITIES
thereunder will be subject to the ■ 22. Section 851.5 is amended by
following civil penalty, which may not ■ 16. The authority citation for part 820 revising the first sentence of paragraph
exceed $91,901 for each violation: Any continues to read as follows: (a) to read as follows:
person who operates a powerplant or
Authority: 42 U.S.C. 2201; 2282(a); 7191; § 851.5 Enforcement.
major fuel burning installation under an 28 U.S.C. 2461 note; 50 U.S.C. 2410.
exemption, during any 12-calendar- (a) A contractor that is indemnified
month period, in excess of that ■ 17. Section 820.81 is amended by under section 170d. of the AEA (or any
authorized in such exemption will be revising the first sentence to read as subcontractor or supplier thereto) and
assessed a civil penalty of up to $8 for follows: that violates (or whose employee
each MCF of natural gas or up to $37 for § 820.81 Amount of penalty. violates) any requirement of this part
each barrel of oil used in excess of that shall be subject to a civil penalty of up
authorized in the exemption. Any person subject to a penalty under to $95,237 for each such violation.
42 U.S.C. 2282a shall be subject to a * * *
* * * * *
civil penalty in an amount not to exceed
$205,211 for each such violation. * * * * *
PART 601—NEW RESTRICTIONS ON
■ 23. Appendix B to part 851 is
LOBBYING * * * * *
amended by:
■ 13. The authority citation for part 601 PART 824—PROCEDURAL RULES ■ a. Revising the last sentences of
continues to read as follows: FOR THE ASSESSMENT OF CIVIL paragraphs (b)(1) and (2) in section VI;
PENALTIES FOR CLASSIFIED and
Authority: 31 U.S.C. 1352; 42 U.S.C. 7254
INFORMATION SECURITY ■ b. Revising paragraph 1.(e)(1) in
and 7256; 31 U.S.C. 6301–6308; 28 U.S.C.
2461 note. VIOLATIONS section IX.
The revisions read as follows:
■ 14. Section 601.400 is amended by ■ 18. The authority citation for part 824
revising paragraphs (a), (b) and (e) to Appendix B to Part 851—General
continues to read as follows:
read as follows: Statement of Enforcement Policy
Authority: 42 U.S.C. 2201, 2282b, 7101 et
seq., 50 U.S.C. 2401 et seq.; 28 U.S.C. 2461 * * * * *
§ 601.400 Penalties.
note. VI. Severity of Violations
(a) Any person who makes an
expenditure prohibited herein shall be * * * * *
■ 19. Section 824.1 is amended by
subject to a civil penalty of not less than (b) * * *
revising the second sentence to read as
$19,639 and not more than $196,387 for (1) * * * A Severity Level I violation
follows:
each such expenditure. would be subject to a base civil penalty
(b) Any person who fails to file or § 824.1 Purpose and scope. of up to 100% of the maximum base
amend the disclosure form (see * * * Subsection a. provides that any civil penalty of $95,237.
appendix B to this part) to be filed or person who has entered into a contract (2) * * * A Severity Level II violation
amended if required herein, shall be or agreement with the Department of would be subject to a base civil penalty
subject to a civil penalty of not less than Energy, or a subcontract or up to 50% of the maximum base civil
$19,639 and not more than $196,387 for subagreement thereto, and who violates penalty ($47,618).
each such failure. (or whose employee violates) any * * * * *
* * * * * applicable rule, regulation or order IX. Enforcement Actions
(e) First offenders under paragraph (a) under the Act relating to the security or * * * * *
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or (b) of this section shall be subject to safeguarding of Restricted Data or other 1. Notice of Violation
a civil penalty of $19,639, absent classified information, shall be subject * * * * *
aggravating circumstances. Second and to a civil penalty not to exceed $146,648 (e) * * *
subsequent offenses by persons shall be for each violation. * * * (1) DOE may assess civil penalties of
subject to an appropriate civil penalty ■ 20. Section 824.4 is amended by up to $95,237 per violation per day on
between $19,639 and $196,387, as revising paragraph (c) to read as follows: contractors (and their subcontractors
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![Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Rules and Regulations 1293
and suppliers) that are indemnified by Authority: The Constitution of the United 1996 (1996 Act) and the Federal Civil
the Price-Anderson Act, 42 U.S.C. States, Article I, Section 9; 5 U.S.C. 7342; 22 Penalties Inflation Adjustment Act
2210(d). See 10 CFR 851.5(a). U.S.C. 2694; 42 U.S.C. 7254 and 7262; 28 Improvements Act of 2015 (2015 Act)
U.S.C. 2461 note. (collectively, 1990 Act, as amended),
* * * * *
■ 29. Section 1050.303 is amended by requires all Federal agencies with the
PART 1013—PROGRAM FRAUD CIVIL revising the last sentence in paragraph authority to enforce CMPs to evaluate
REMEDIES AND PROCEDURES (d) to read as follows: and adjust, if necessary, those CMPs
each year to ensure that they continue
■ 24. The authority citation for part § 1050.303 Enforcement. to maintain their deterrent value and
1013 continues to read as follows: * * * * * promote compliance with the law.
Authority: 31 U.S.C. 3801–3812; 28 U.S.C. (d) * * * The court in which such Section 3(2) of the 1990 Act, as
2461 note. action is brought may assess a civil amended, defines a civil monetary
penalty against such employee in any penalty 1 as any penalty, fine, or other
■ 25. Section 1013.3 is amended by
amount not to exceed the retail value of sanction that: (1) Either is for a specific
revising paragraphs (a)(1)(iv) and
the gift improperly solicited or received monetary amount as provided by
(b)(1)(ii) to read as follows:
plus $20,021. Federal law or has a maximum amount
§ 1013.3 Basis for civil penalties and [FR Doc. 2018–00206 Filed 1–10–18; 8:45 am] provided for by Federal law; (2) is
assessments. BILLING CODE 6450–01–P assessed or enforced by an agency
(a) * * * pursuant to Federal law; and (3) is
(1) * * * assessed or enforced pursuant to an
(iv) Is for payment for the provision FARM CREDIT ADMINISTRATION administrative proceeding or a civil
of property or services which the person action in the Federal courts.2
has not provided as claimed, shall be 12 CFR Part 622 The FCA imposes and enforces CMPs
subject, in addition to any other remedy through the Farm Credit Act 3 and the
that may be prescribed by law, to a civil RIN 3052–AD29
Flood Disaster Protection Act of 1973, as
penalty of not more than $11,181 for amended. FCA’s regulations governing
Rules of Practice and Procedure;
each such claim. CMPs are found in 12 CFR parts 622 and
Adjusting Civil Money Penalties for
* * * * * Inflation 623. Part 622 establishes rules of
(b) * * * practice and procedure applicable to
(1) * * * AGENCY: Farm Credit Administration. formal and informal hearings held
(ii) Contains or is accompanied by an ACTION: Final rule. before the FCA, and to formal
express certification or affirmation of investigations conducted under the
the truthfulness and accuracy of the SUMMARY: This regulation implements Farm Credit Act. Part 623 prescribes
contents of the statement, shall be inflation adjustments to civil money rules regarding persons who may
subject, in addition to any other remedy penalties (CMPs) that the Farm Credit practice before the FCA and the
that may be prescribed by law, to a civil Administration (FCA) may impose or circumstances under which such
penalty of not more than $11,181 for enforce pursuant to the Farm Credit Act persons may be suspended or debarred
each such statement. of 1971, as amended (Farm Credit Act), from practice before the FCA.
* * * * * and pursuant to the Flood Disaster
Protection Act of 1973, as amended by B. CMPs Issued Under the Farm Credit
PART 1017—IDENTIFICATION AND the National Flood Insurance Reform Act
PROTECTION OF UNCLASSIFIED Act of 1994 (Reform Act), and further The Farm Credit Act provides that
CONTROLLED NUCLEAR amended by the Biggert-Waters Flood any Farm Credit System (System)
INFORMATION Insurance Reform Act of 2012 (Biggert- institution or any officer, director,
Waters Act). employee, agent, or other person
■ 26. The authority citation for part DATES: Effective date: This regulation is participating in the conduct of the
1017 continues to read as follows: effective on January 15, 2018. affairs of a System institution who
Authority: 42 U.S.C. 7101 et seq.; 50 U.S.C. FOR FURTHER INFORMATION CONTACT: violates the terms of a cease-and-desist
2401 et seq.; 42 U.S.C. 2168; 28 U.S.C. 2461 Michael T. Wilson, Policy Analyst, order that has become final pursuant to
note. Office of Regulatory Policy, (703) 883– section 5.25 or 5.26 of the Farm Credit
■ 27. Section 1017.29 is amended by 4124, TTY (703) 883–4056, wilsonm@ Act must pay up to a maximum daily
revising paragraph (c) to read as follows: fca.gov, or Autumn R. Agans, Attorney- amount of $1,000 4 during which such
Advisor, Office of General Counsel, violation continues. This CMP
§ 1017.29 Civil penalty. maximum was set by the Farm Credit
(703) 883–4082, TTY (703) 883–4056,
* * * * * agansa@fca.gov. Amendments Act of 1985, which
(c) Amount of penalty. The Director amended the Farm Credit Act. Orders
SUPPLEMENTARY INFORMATION:
may propose imposition of a civil
penalty for violation of a requirement of I. Objective 1 Note: While the 1990 Act, as amended by 1996
a regulation under paragraph (a) of this and 2015 Acts, uses the term ‘‘civil monetary
The objective of this regulation is to penalties’’ for these penalties or other sanctions, the
section or a compliance order issued adjust the maximum CMPs for inflation Farm Credit Act and the FCA Regulations use the
under paragraph (b) of this section, not through a final rulemaking to retain the term ‘‘civil money penalties.’’ Both terms have the
to exceed $264,093 for each violation. deterrent effect of such penalties. same meaning. Accordingly, this rule uses the term
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civil money penalty, and both terms may be used
* * * * * interchangeably.
II. Background
2 See 28 U.S.C. 2461 note.
PART 1050—FOREIGN GIFTS AND A. Introduction 3 Public Law 92–181, as amended.
DECORATIONS 4 The inflation-adjusted CMP in effect on January
The Federal Civil Penalties Inflation 15, 2017, for a violation of a final order is $2,224
■ 28. The authority citation for part Adjustment Act of 1990, as amended by per day, as set forth in § 622.61(a)(1) of FCA
1050 continues to read as follows: the Debt Collection Improvement Act of regulations.
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![1294 Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Rules and Regulations
issued by the FCA under section 5.25 or increase, which are assessed after the of 1973, as amended. The adjustment
5.26 of the Farm Credit Act include date the increase takes effect. multiplier is the same for all FCA
temporary and permanent cease-and- Section 5(b) of the 1990 Act, as enforced CMPs, set at 1.02041. The
desist orders. In addition, section amended, defines the term ‘‘cost-of- maximum CMPs for violations were
5.32(h) of the Farm Credit Act provides living adjustment’’ as the percentage (if created in 2012 by the Biggert-Waters
that any directive issued under sections any) for each civil monetary penalty by Act, which amended the Flood Disaster
4.3(b)(2), 4.3A(e), or 4.14A(i) of the which (1) the Consumer Price Index Protection Act of 1973.
Farm Credit Act ‘‘shall be treated’’ as a (CPI) for the month of October of the
calendar year preceding the adjustment, 1. New Penalty Amount in § 622.61(a)(1)
final order issued under section 5.25 of
the Farm Credit Act for purposes of exceeds (2) the CPI for the month of The inflation-adjusted CMP currently
assessing a CMP. October 1 year before the month of in effect for violations of a final order
Section 5.32(a) of the Farm Credit Act October referred to in (1) of the calendar occurring on or after January 15, 2017,
also states that ‘‘[a]ny such institution or year in which the amount of such civil is a maximum daily amount of $2,224.18
person who violates any provision of monetary penalty was last set or Multiplying the $2,224 CMP by the 2017
the [Farm Credit] Act or any regulation adjusted pursuant to law.12 OMB multiplier, 1.02041, yields a total
issued under this Act shall forfeit and The increase for each CMP adjusted of $2,269.39. When that number is
pay a civil penalty of not more than for inflation must be rounded using a rounded as required by section 5(a) of
$500 5 per day for each day during method prescribed by section 5(a) of the the 1990 Act, as amended, the inflation-
which such violation continues.’’ This 1990 Act, as amended, by the 2015 adjusted maximum increases to $2,269.
CMP maximum was set by the Act.13 Thus, the new CMP maximum is $2,269.
Agricultural Credit Act of 1987, which 2. Other Adjustments 2. New Penalty Amount in § 622.61(a)(2)
was enacted in 1988, and amends the If a civil monetary penalty is subject
Farm Credit Act. Current, inflation- The inflation-adjusted CMP currently
to a cost-of-living adjustment under the in effect for violations of the Farm
adjusted CMP maximums are set forth 1990 Act, as amended, but is adjusted
in existing § 622.61 of FCA regulations.6 Credit Act or regulations issued under
to an amount greater than the amount of the Farm Credit Act occurring on or
The FCA also enforces the Flood the adjustment required under the Act
Disaster Protection Act of 1973,7 as after January 15, 2017, is a maximum
within the 12 months preceding a daily amount of $1,005.19 Multiplying
amended by the National Flood required cost-of-living adjustment, the
Insurance Reform Act of 1994,8 which the $1,005 CMP maximum by the 2017
agency is not required to make the cost- OMB multiplier, 1.02041, yields a total
requires FCA to assess CMPs for a of-living adjustment to that CMP in that
pattern or practice of committing certain of $1,025.51. When that number is
calendar year.14 rounded as required by section 5(a) of
specific actions in violation of the
National Flood Insurance Program. The III. Yearly Adjustments the 1990 Act, as amended the inflation-
existing maximum CMP for a violation adjusted maximum increases to $1,026.
A. Mathematical Calculations of 2018 Thus, the new CMP maximum is $1,026.
under the Flood Disaster Protection Act Adjustments
of 1973 is $2,000.9 10 3. New Penalty Amounts for Flood
The adjustment requirement affects
C. Federal Civil Penalties Inflation Insurance Violations Under § 622.61(b)
two provisions of section 5.32(a) of the
Adjustment Act Improvements Act of Farm Credit Act. For the 2018 yearly The existing maximum CMP for a
2015 adjustments to the CMPs set forth by the pattern or practice of flood insurance
Farm Credit Act, the calculation violations pursuant to 42 U.S.C.
1. In General 4012a(f)(5) is $2,090. Multiplying
required by the 2017 White House
The 2015 Act required all Federal Office of Management and Budget $2,090 by the 2017 OMB multiplier,
agencies to adjust the CMPs yearly, (OMB) guidance 15 is based on the 1.02041, yields a total of $2,132.65.
starting January 15, 2017. percentage by which the CPI for October When that number is rounded as
Under Section 4(b) of the 1990 Act, as 2017 exceeds the CPIs for October 2016. required by section 5(a) of the 1990 Act,
amended, annual adjustments are to be The OMB set forth guidance, as required as amended, the new maximum
made yearly no later than January 15 of by the 2015 Act,16 with a multiplier for assessment of the CMP for violating 42
each year.11 Section 6 of the 1990 Act, calculating the new CMP values.17 The U.S.C. 4012a(f)(5) is $2,133. Thus, the
as amended, states that any increase to OMB multiplier for the 2018 CMPs is new CMP maximum is $2,133.
a civil monetary penalty under this 1990 1.02041.
The adjustment also affects the CMPs IV. Notice and Comment Not Required
Act applies only to civil monetary
set by the Flood Disaster Protection Act by Administrative Procedure Act
penalties, including those whose
associated violation predated such The 1990 Act, as amended, gives
12 The CPI is published by the Department of Federal agencies no discretion in the
5 The
Labor, Bureau of Statistics, and is available at its adjustment of CMPs for the rate of
inflation-adjusted CMP in effect on January website: ftp://ftp.bls.gov/pub/special.requests/cpi/
15, 2017, for a violation of the Farm Credit Act or cpiai.txt.
inflation. Further, these revisions are
a regulation issued under the Farm Credit Act is 13 Pursuant to section 5(a)(3) of the 2015 Act, any ministerial, technical, and
$1,005 per day, as set forth in § 622.61(a)(2) of FCA
regulations.
increase determined under the subsection shall be noncontroversial. For these reasons, the
rounded to the nearest $1. FCA finds good cause to determine that
6 Prior adjustments were made under the 1990
14 Pursuant to section 4(d) of the 1990 Act, as
Act. public notice and an opportunity to
amended.
7 42 U.S.C. 4012a.
15 OMB Circular M–18–03, Implementation of comment are impracticable,
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8 Public Law 103–325, title V, 108 Stat. 2160,
Penalty Inflation Adjustments for 2018, Pursuant to unnecessary, and contrary to the public
2255–87 (September 23, 1994). the Federal Civil Penalties Inflation Adjustment Act interest pursuant to the Administrative
9 Public Law 112–141, 126 Stat. 405 (July 6,
Improvements Act of 2015. Procedure Act, 5 U.S.C. 553(b)(B), and
2012). 16 28 U.S.C. 2461 note, section 7(a).
10 The inflation-adjusted CMP in effect on January 17 OMB Circular M–18–03, Implementation of
adopts this rule in final form.
15, 2017, for a flood insurance violation is $2,090, Penalty Inflation Adjustments for 2018, Pursuant to
as set forth in § 622.61(b) of FCA regulations. the Federal Civil Penalties Inflation Adjustment Act 18 12 CFR 622.61(a)(1).
11 Public Law 114–74, sec. 701(b)(1). Improvements Act of 2015. 19 12 CFR 622.61(a)(2).
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![Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Rules and Regulations 1295
V. Regulatory Flexibility Act (2) Amount of civil money penalty for Financial Accounting Standards Board
violation of the Act or regulations: The Accounting Standards Codification
Pursuant to section 605(b) of the
maximum daily amount is $1,026 for Topic 321, Investments—Equity
Regulatory Flexibility Act (5 U.S.C. 601
each violation that occurs on or after Securities.
et seq.), the FCA hereby certifies that
January 15, 2018.
this final rule will not have a significant (b) The maximum civil money penalty DATES: Effective: January 11, 2018.
economic impact on a substantial amount assessed under 42 U.S.C. FOR FURTHER INFORMATION CONTACT:
number of small entities. Each of the 4012a(f) is: $385 for each violation that Brian Staniszewski, Professional
banks in the System, considered occurs on or after January 16, 2009, but Accounting Fellow, Office of the Chief
together with its affiliated associations, before July 1, 2013, with total penalties Accountant at (202) 551–5300 or
has assets and annual income in excess under such statute not to exceed Lindsay McCord, Associate Chief
of the amounts that would qualify them $120,000 for any single institution Accountant, Division of Corporation
as small entities. Therefore, System during any calendar year; $2,000 for Finance at (202) 551–3400, Securities
institutions are not ‘‘small entities’’ as each violation that occurs on or after and Exchange Commission, 100 F Street
defined in the Regulatory Flexibility July 1, 2013, but before August 1, 2016, NE, Washington, DC 20549.
Act. with no cap on the total amount of SUPPLEMENTARY INFORMATION: The
List of Subjects in 12 CFR Part 622 penalties that can be assessed against statements in staff accounting bulletins
any single institution during any are not rules or interpretations of the
Administrative practice and calendar year; and $2,133 for each
procedure, Crime, Investigations, Commission, nor are they published as
violation that occurs on or after January bearing the Commission’s official
Penalties. 15, 2018, with no cap on the total approval. They represent interpretations
For the reasons stated in the amount of penalties that can be assessed and practices followed by the Division
preamble, part 622 of chapter VI, title 12 against any single institution during any of Corporation Finance and the Office of
of the Code of Federal Regulations is calendar year. the Chief Accountant in administering
amended as follows: Dated: January 8, 2018. the disclosure requirements of the
Dale L. Aultman, federal securities laws.
PART 622—RULES OF PRACTICE AND
Secretary, Farm Credit Administration Board.
PROCEDURE List of Subjects in 17 CFR Part 211
[FR Doc. 2018–00336 Filed 1–10–18; 8:45 am]
■ 1. The authority citation for part 622 BILLING CODE 6705–01–P Accounting, Reporting and
continues to read as follows: recordkeeping requirements, Securities.
Authority: Secs. 5.9, 5.10, 5.17, 5.25–5.37 Dated: November 29, 2017.
of the Farm Credit Act (12 U.S.C. 2243, 2244, SECURITIES AND EXCHANGE Brent J. Fields,
2252, 2261–2273); 28 U.S.C. 2461 note; and COMMISSION Secretary.
42 U.S.C. 4012a(f). Accordingly, part 211 of title 17 of the
17 CFR Part 211
■ 2. Revise § 622.61 to read as follows: Code of Federal Regulations is amended
[Release No. SAB 117] as follows:
§ 622.61 Adjustment of civil money
penalties by the rate of inflation under the Staff Accounting Bulletin No. 117 PART 211—INTERPRETATIONS
Federal Civil Penalties Inflation Adjustment RELATING TO FINANCIAL REPORTING
Act of 1990, as amended. AGENCY: Securities and Exchange
Commission. MATTERS
(a) The maximum amount of each
ACTION: Publication of Staff Accounting
civil money penalty within FCA’s ■ 1. Add an authority citation for part
Bulletin. 211 to read as follows:
jurisdiction is adjusted in accordance
with the Federal Civil Penalties SUMMARY: This staff accounting bulletin Authority: 15 U.S.C. 77g, 15 U.S.C. 77s(a),
Inflation Adjustment Act of 1990, as modifies portions of the interpretive 15 U.S.C. 77aa(25) and (26), 15 U.S.C. 78c(b),
amended (28 U.S.C. 2461 note), as guidance included in the Staff 17 CFR 78l(b) and 13(b), 17 CFR 78m(b) and
follows: Accounting Bulletin Series in order to 15 U.S.C. 80a–8, 30(e) 15 U.S.C. 80a–29(e),
(1) Amount of civil money penalty make the relevant interpretive guidance 15 U.S.C. 80a–30, and 15 U.S.C. 80a–37(a).
imposed under section 5.32 of the Act consistent with authoritative accounting ■ 2. Amend the table in subpart B by
for violation of a final order issued guidance and Securities and Exchange adding an entry for Staff Accounting
under section 5.25 or 5.26 of the Act: Commission rules and regulations. Bulletin No. 117 at the end of the table
The maximum daily amount is $2,269 Specifically, the staff is updating the to read as follows:
for violations that occur on or after Series in order to bring existing
January 15, 2018. guidance into conformity with the Subpart B—Staff Accounting Bulletins
Subject Release No. Date Fed. Reg. Vol. and page
* * * * * * *
Publication of Staff Accounting Bulletin No. 117 .......... SAB–117 1/11/2018 [INSERT Federal Register CITATION].
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Note: The text of SAB 117 will not appear Staff Accounting Bulletin No. 117 make the relevant interpretive guidance
in the Code of Federal Regulations. consistent with current authoritative
This staff accounting bulletin accounting and auditing guidance and
modifies portions of the interpretive Securities and Exchange Commission
guidance included in the Staff (‘‘Commission’’) rules and regulations.
Accounting Bulletin Series in order to
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Document Created: 2017-12-29 23:38:27
Document Modified: 2017-12-29 23:38:27
| 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 on January 2, 2018. As provided by the Inflation Adjustment Act, the increased penalty levels apply to any penalties assessed after January 2, 2018. | |
| Contact | Erin FitzGerald, Senior Policy Advisor, U.S. Department of Labor, Room S-2312, 200 Constitution Avenue NW, Washington, DC 20210; telephone: (202) 693-5076 (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 | 83 FR 7 | |
| RIN Number | 1290-AA33 | |
| CFR Citation | 20
CFR
655 20 CFR 702 20 CFR 725 20 CFR 726 29 CFR 1902 29 CFR 1903 29 CFR 2560 29 CFR 2575 29 CFR 2590 29 CFR 500 29 CFR 501 29 CFR 503 29 CFR 530 29 CFR 570 29 CFR 578 29 CFR 579 29 CFR 5 29 CFR 801 29 CFR 825 30 CFR 100 41 CFR 50-201 | |
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