Civil Monetary Penalty Inflation Adjustment-Alcoholic Beverage Labeling Act, 2892-2893 [2017-00082]
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Federal Register / Vol. 82, No. 6 / Tuesday, January 10, 2017 / Rules and Regulations
Note 3 to paragraph (f): Paragraph (f) and
ECCNs 9E001, 9E002 and 9E515 do not
control the data transmitted to or from a
satellite or spacecraft, whether real or
simulated, when limited to information about
the health, operational status, or
measurements or function of, or raw sensor
output from, the spacecraft, spacecraft
payload(s), or its associated subsystems or
components. Such information is not within
the scope of information captured within the
definition of technology in the EAR for
purposes of Category 9 Product Group E.
Examples of such information, which are
commonly referred to as ‘‘housekeeping
data,’’ include (i) system, hardware,
component configuration, and operation
status information pertaining to
temperatures, pressures, power, currents,
voltages, and battery charges; (ii) spacecraft
or payload orientation or position
information, such as state vector or
ephemeris information; (iii) payload raw
mission or science output, such as images,
spectra, particle measurements, or field
measurements; (iv) command responses; (v)
accurate timing information; and (vi) link
budget data. The act of processing such
telemetry data—i.e., converting raw data into
engineering units or readable products—or
encrypting it does not, in and of itself, cause
the telemetry data to become subject to the
ITAR or to ECCN 9E515 for purposes of
9A515, or to ECCNs 9E001 or 9E002 for
purposes of 9A004. All classified technical
data directly related to items controlled in
USML Category XV or ECCNs 9A515, and
defense services using the classified
technical data, remains subject to the ITAR.
This note does not affect controls in USML
XV(f), ECCN 9D515, or ECCN 9E515 on
software source code or commands that
control a spacecraft, payload, or associated
subsystems for purposes of 9A515. This note
also does not affect controls in ECCNs 9D001,
9D002, 9E001, or 9E002 on software source
code or commands that control a spacecraft,
payload, or associated subsystems for
purposes of 9A004.
*
*
*
*
*
Dated: December 22, 2016.
Tom Countryman,
Acting Under Secretary, Arms Control and
International Security, Department of State.
[FR Doc. 2016–31751 Filed 1–9–17; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
pmangrum on DSK3GDR082PROD with RULES
27 CFR Part 16
[Docket No. TTB–2017–0001; Notice No.
170]
Civil Monetary Penalty Inflation
Adjustment—Alcoholic Beverage
Labeling Act
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
AGENCY:
VerDate Sep<11>2014
14:51 Jan 09, 2017
Jkt 241001
Notification of civil monetary
penalty adjustment.
ACTION:
This document informs the
public that the maximum penalty for
violations of the Alcoholic Beverage
Labeling Act (ABLA) is being adjusted
in accordance with the Federal Civil
Penalties Inflation Adjustment Act of
1990, as amended. Prior to the
publication of this document, any
person who violated the provisions of
the ABLA was subject to a civil penalty
of not more than $19,787, with each day
constituting a separate offense. This
document announces that this
maximum penalty is being increased to
$20,111.
DATES: The new maximum civil penalty
for violations of the ABLA takes effect
on January 10, 2017 and applies to
penalties that are assessed after that
date.
FOR FURTHER INFORMATION CONTACT:
Andrew L. Malone, Public Guidance
Program Manager, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW., Box 12, Washington, DC 20005;
(202) 453–1039, ext. 188.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Statutory Authority for Federal Civil
Monetary Penalty Inflation Adjustments
The Federal Civil Penalties Inflation
Adjustment Act of 1990 (the Inflation
Adjustment Act), Public Law 101–410,
104 Stat. 890, 28 U.S.C. 2461 note,
requires the regular adjustment and
evaluation of civil monetary penalties to
maintain their deterrent effect and helps
to ensure that penalty amounts imposed
by the Federal Government are properly
accounted for and collected. A ‘‘civil
monetary penalty’’ is defined in the
Inflation Adjustment Act as any penalty,
fine, or other such sanction that is: (1)
For a specific monetary amount as
provided by Federal law, or has a
maximum amount provided for by
Federal law; (2) assessed or enforced by
an agency pursuant to Federal law; and
(3) assessed or enforced pursuant to an
administrative proceeding or a civil
action in the Federal courts.
The Debt Collection Improvement Act
of 1996 (the Improvement Act of 1996),
Public Law 104–134, section 31001(s),
110 Stat. 1321, enacted on April 26,
1996, amended the Inflation Adjustment
Act by requiring civil monetary
penalties to be adjusted for inflation.
The Inflation Adjustment Act was
further amended by the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (the
Improvements Act of 2015), Public Law
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
114–74, section 701, 129 Stat. 584,
enacted on November 2, 2015. The
Improvements Act of 2015 changed the
method agencies use to calculate
inflation adjustments to civil monetary
penalties, as well as the method and
frequency of future adjustments. The
Improvements Act of 2015 also
instructed agencies to apply its method
of calculating the inflation adjustment
to the original statutory penalty, rather
than to penalties as they were adjusted
under the Improvement Act of 1996. To
account for inflation that took place
between the enactment of the original
penalties and the enactment of the
Improvements Act of 2015, agencies
must make a ‘‘catch-up’’ first adjustment
through an interim final rulemaking that
is published no later than July 1, 2016,
and takes effect no later than August 1,
2016. Agencies shall adjust civil
monetary penalties by the inflation
adjustment described in section 5 of the
Inflation Adjustment Act no later than
January 15 of every year thereafter. The
Improvements Act of 2015 also provides
that any increase in a civil monetary
penalty shall apply only to civil
monetary penalties, including those
whose associated violation predated
such an increase, which are assessed
after the date the increase takes effect.
As amended, the Inflation Adjustment
Act provides that the inflation
adjustment does not apply to civil
monetary penalties under the Internal
Revenue Code of 1986 or the Tariff Act
of 1930.
Alcoholic Beverage Labeling Act
The Alcohol and Tobacco Tax and
Trade Bureau (TTB) administers the
Federal Alcohol Administration Act
(FAA Act) pursuant to section 1111(d)
of the Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The
Secretary has delegated various
authorities through Treasury
Department Order 120–01, dated
December 10, 2013, (superseding
Treasury Department Order 120–01,
dated January 24, 2003), to the TTB
Administrator to perform the functions
and duties in the administration and
enforcement of this law.
The FAA Act contains the Alcoholic
Beverage Labeling Act (ABLA) of 1988,
Public Law 100–690, 27 U.S.C. 213–
219a, which was enacted on November
18, 1988. Section 204 of the ABLA,
codified in 27 U.S.C. 215, requires that
a health warning statement appear on
the labels of all containers of alcoholic
beverages manufactured, imported, or
bottled for sale or distribution in the
United States, as well as on containers
of alcoholic beverages that are
manufactured, imported, bottled, or
E:\FR\FM\10JAR1.SGM
10JAR1
Federal Register / Vol. 82, No. 6 / Tuesday, January 10, 2017 / Rules and Regulations
labeled for sale, distribution, or
shipment to members or units of the
U.S. Armed Forces, including those
located outside the United States.
The health warning statement
requirement applies to containers of
alcoholic beverages manufactured,
imported, or bottled for sale or
distribution in the United States on or
after November 18, 1989. The statement
reads as follows:
GOVERNMENT WARNING: (1) According
to the Surgeon General, women should not
drink alcoholic beverages during pregnancy
because of the risk of birth defects. (2)
Consumption of alcoholic beverages impairs
your ability to drive a car or operate
machinery, and may cause health problems.
Section 204 of the ABLA also
specifies that the Secretary of the
Treasury shall have the power to ensure
the enforcement of the provisions of the
ABLA and issue regulations to carry out
them out. In addition, section 207 of the
ABLA, codified in 27 U.S.C. 218,
provides that any person who violates
the provisions of the ABLA is subject to
a civil penalty of not more than $10,000,
with each day constituting a separate
offense.
Most of the civil monetary penalties
administered by TTB are imposed by
the Internal Revenue Code of 1986, and
thus are not subject to the inflation
adjustment mandated by the Inflation
Adjustment Act. The only civil
monetary penalty enforced by TTB that
is subject to the inflation adjustment is
the penalty imposed by the ABLA at 27
U.S.C. 218.
pmangrum on DSK3GDR082PROD with RULES
TTB Regulations
The TTB regulations implementing
the ABLA are found in 27 CFR part 16,
and the regulations implementing the
Inflation Adjustment Act with respect to
the ABLA penalty are found in 27 CFR
16.33. This section indicates that the
ABLA provides that any person who
violates the provisions of this part shall
be subject to a civil penalty of not more
than $10,000, but also states that,
pursuant to the provisions of the
Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended,
this civil penalty is subject to periodic
cost-of-living adjustment. Accordingly,
any person who violates the provisions
of 27 CFR part 16 shall be subject to a
civil penalty of not more than the
amount listed at https://www.ttb.gov/
regulation_guidance/ablapenalty.html.
Each day shall constitute a separate
offense.
To adjust the penalty, § 16.33(b)
indicates that TTB will provide notice
in the Federal Register and at the Web
site mentioned above of cost-of-living
VerDate Sep<11>2014
14:51 Jan 09, 2017
Jkt 241001
adjustments to the civil penalty for
violations of this part.
In this document, TTB is publishing
its yearly adjustment to the maximum
ABLA penalty, as required by the
Inflation Adjustment Act, as amended.
TTB made the initial adjustment to
the ABLA penalty required by the
Inflation Adjustment Act, as amended,
in an interim final rule that was
published and effective on July 1, 2016
(T.D. TTB–138, 81 FR 43062).
Subsequent to the initial adjustment, the
Improvements Act of 2015 provides
that, not later than January 15 of each
year after the initial adjustment, the
head of each agency shall adjust each
civil monetary penalty subject to the
Inflation Adjustment Act, as amended,
by the inflation adjustment described in
section 5 of the Act.
As mentioned earlier, the ABLA
contains a maximum civil monetary
penalty, rather than a range of minimum
and maximum civil monetary penalties.
For such penalties, Section 5 indicates
that the inflation adjustment shall be
determined by increasing the maximum
penalty by the cost-of-living adjustment.
The cost-of-living adjustment means the
percentage (if any) by which the
Consumer Price Index for all-urban
consumers (CPI–U) for the month of
October preceding the date of the
adjustment exceeds the CPI–U for the
month of October 1 year before the
month of October preceding the date of
the adjustment.
The CPI–U in October 2015 was
237.838, and the CPI–U in October 2016
was 241.729. The rate of inflation
between October 2015 and October 2016
is therefore 1.636 percent. When
applied to the current ABLA penalty of
$19,787, this rate of inflation yields a
raw (unrounded) inflation adjustment of
$323.72. Rounded to the nearest dollar,
the inflation adjustment is $324,
meaning that the new maximum civil
penalty for violations of the ABLA will
be $20,111.
The new maximum civil penalty will
apply to all penalties that are assessed
after January 10, 2017. TTB has also
updated its Web page at https://
www.ttb.gov/regulation_guidance/
ablapenalty.html to reflect the adjusted
penalty.
Signed: January 3, 2017.
John J. Manfreda,
Administrator.
[FR Doc. 2017–00082 Filed 1–9–17; 8:45 am]
BILLING CODE 4810–31–P
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
2893
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 110
[Docket Number USCG–2014–0142]
RIN 1625–AA01
Anchorage Regulations: Special
Anchorage Areas; Marina del Rey
Harbor, Marina del Rey, CA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is amending
the shape and reducing the size of the
special anchorage area in Marina del
Rey Harbor, Marina del Rey, California.
Additionally, the Coast Guard is
clarifying the language in the note
section of the existing regulation. This
action is necessary as it will create
sufficient navigable water around the
anchorage allowing vessels to traffic the
Marina del Rey channel without undue
maritime safety concerns.
DATES: This rule is effective February 9,
2017.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2014–0142. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on the Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
w12–140 on the ground floor of the
Department of Transportation, West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m. Monday through Friday,
with the exception of federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Junior Grade Amber
Napralla, Waterways Management
Division, U.S. Coast Guard District 11,
telephone (510) 437–2978, email
Amber.L.Napralla@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric
Administration
NPRM Notice of proposed rulemaking
SNPRM Supplemental Notice of Proposed
Rulemaking
§ Section
U.S.C. United States Code
E:\FR\FM\10JAR1.SGM
10JAR1
]]>Agencies
[Federal Register Volume 82, Number 6 (Tuesday, January 10, 2017)]
[Rules and Regulations]
[Pages 2892-2893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00082]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 16
[Docket No. TTB-2017-0001; Notice No. 170]
Civil Monetary Penalty Inflation Adjustment--Alcoholic Beverage
Labeling Act
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notification of civil monetary penalty adjustment.
-----------------------------------------------------------------------
SUMMARY: This document informs the public that the maximum penalty for
violations of the Alcoholic Beverage Labeling Act (ABLA) is being
adjusted in accordance with the Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended. Prior to the publication of this
document, any person who violated the provisions of the ABLA was
subject to a civil penalty of not more than $19,787, with each day
constituting a separate offense. This document announces that this
maximum penalty is being increased to $20,111.
DATES: The new maximum civil penalty for violations of the ABLA takes
effect on January 10, 2017 and applies to penalties that are assessed
after that date.
FOR FURTHER INFORMATION CONTACT: Andrew L. Malone, Public Guidance
Program Manager, Regulations and Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005;
(202) 453-1039, ext. 188.
SUPPLEMENTARY INFORMATION:
Background
Statutory Authority for Federal Civil Monetary Penalty Inflation
Adjustments
The Federal Civil Penalties Inflation Adjustment Act of 1990 (the
Inflation Adjustment Act), Public Law 101-410, 104 Stat. 890, 28 U.S.C.
2461 note, requires the regular adjustment and evaluation of civil
monetary penalties to maintain their deterrent effect and helps to
ensure that penalty amounts imposed by the Federal Government are
properly accounted for and collected. A ``civil monetary penalty'' is
defined in the Inflation Adjustment Act as any penalty, fine, or other
such sanction that is: (1) For a specific monetary amount as provided
by Federal law, or has a maximum amount provided for by Federal law;
(2) assessed or enforced by an agency pursuant to Federal law; and (3)
assessed or enforced pursuant to an administrative proceeding or a
civil action in the Federal courts.
The Debt Collection Improvement Act of 1996 (the Improvement Act of
1996), Public Law 104-134, section 31001(s), 110 Stat. 1321, enacted on
April 26, 1996, amended the Inflation Adjustment Act by requiring civil
monetary penalties to be adjusted for inflation.
The Inflation Adjustment Act was further amended by the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the
Improvements Act of 2015), Public Law 114-74, section 701, 129 Stat.
584, enacted on November 2, 2015. The Improvements Act of 2015 changed
the method agencies use to calculate inflation adjustments to civil
monetary penalties, as well as the method and frequency of future
adjustments. The Improvements Act of 2015 also instructed agencies to
apply its method of calculating the inflation adjustment to the
original statutory penalty, rather than to penalties as they were
adjusted under the Improvement Act of 1996. To account for inflation
that took place between the enactment of the original penalties and the
enactment of the Improvements Act of 2015, agencies must make a
``catch-up'' first adjustment through an interim final rulemaking that
is published no later than July 1, 2016, and takes effect no later than
August 1, 2016. Agencies shall adjust civil monetary penalties by the
inflation adjustment described in section 5 of the Inflation Adjustment
Act no later than January 15 of every year thereafter. The Improvements
Act of 2015 also provides that any increase in a civil monetary penalty
shall apply only to civil monetary penalties, including those whose
associated violation predated such an increase, which are assessed
after the date the increase takes effect.
As amended, the Inflation Adjustment Act provides that the
inflation adjustment does not apply to civil monetary penalties under
the Internal Revenue Code of 1986 or the Tariff Act of 1930.
Alcoholic Beverage Labeling Act
The Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the
Federal Alcohol Administration Act (FAA Act) pursuant to section
1111(d) of the Homeland Security Act of 2002, codified at 6 U.S.C.
531(d). The Secretary has delegated various authorities through
Treasury Department Order 120-01, dated December 10, 2013, (superseding
Treasury Department Order 120-01, dated January 24, 2003), to the TTB
Administrator to perform the functions and duties in the administration
and enforcement of this law.
The FAA Act contains the Alcoholic Beverage Labeling Act (ABLA) of
1988, Public Law 100-690, 27 U.S.C. 213-219a, which was enacted on
November 18, 1988. Section 204 of the ABLA, codified in 27 U.S.C. 215,
requires that a health warning statement appear on the labels of all
containers of alcoholic beverages manufactured, imported, or bottled
for sale or distribution in the United States, as well as on containers
of alcoholic beverages that are manufactured, imported, bottled, or
[[Page 2893]]
labeled for sale, distribution, or shipment to members or units of the
U.S. Armed Forces, including those located outside the United States.
The health warning statement requirement applies to containers of
alcoholic beverages manufactured, imported, or bottled for sale or
distribution in the United States on or after November 18, 1989. The
statement reads as follows:
GOVERNMENT WARNING: (1) According to the Surgeon General, women
should not drink alcoholic beverages during pregnancy because of the
risk of birth defects. (2) Consumption of alcoholic beverages
impairs your ability to drive a car or operate machinery, and may
cause health problems.
Section 204 of the ABLA also specifies that the Secretary of the
Treasury shall have the power to ensure the enforcement of the
provisions of the ABLA and issue regulations to carry out them out. In
addition, section 207 of the ABLA, codified in 27 U.S.C. 218, provides
that any person who violates the provisions of the ABLA is subject to a
civil penalty of not more than $10,000, with each day constituting a
separate offense.
Most of the civil monetary penalties administered by TTB are
imposed by the Internal Revenue Code of 1986, and thus are not subject
to the inflation adjustment mandated by the Inflation Adjustment Act.
The only civil monetary penalty enforced by TTB that is subject to the
inflation adjustment is the penalty imposed by the ABLA at 27 U.S.C.
218.
TTB Regulations
The TTB regulations implementing the ABLA are found in 27 CFR part
16, and the regulations implementing the Inflation Adjustment Act with
respect to the ABLA penalty are found in 27 CFR 16.33. This section
indicates that the ABLA provides that any person who violates the
provisions of this part shall be subject to a civil penalty of not more
than $10,000, but also states that, pursuant to the provisions of the
Federal Civil Penalties Inflation Adjustment Act of 1990, as amended,
this civil penalty is subject to periodic cost-of-living adjustment.
Accordingly, any person who violates the provisions of 27 CFR part 16
shall be subject to a civil penalty of not more than the amount listed
at https://www.ttb.gov/regulation_guidance/ablapenalty.html. Each day
shall constitute a separate offense.
To adjust the penalty, Sec. 16.33(b) indicates that TTB will
provide notice in the Federal Register and at the Web site mentioned
above of cost-of-living adjustments to the civil penalty for violations
of this part.
In this document, TTB is publishing its yearly adjustment to the
maximum ABLA penalty, as required by the Inflation Adjustment Act, as
amended.
TTB made the initial adjustment to the ABLA penalty required by the
Inflation Adjustment Act, as amended, in an interim final rule that was
published and effective on July 1, 2016 (T.D. TTB-138, 81 FR 43062).
Subsequent to the initial adjustment, the Improvements Act of 2015
provides that, not later than January 15 of each year after the initial
adjustment, the head of each agency shall adjust each civil monetary
penalty subject to the Inflation Adjustment Act, as amended, by the
inflation adjustment described in section 5 of the Act.
As mentioned earlier, the ABLA contains a maximum civil monetary
penalty, rather than a range of minimum and maximum civil monetary
penalties. For such penalties, Section 5 indicates that the inflation
adjustment shall be determined by increasing the maximum penalty by the
cost-of-living adjustment. The cost-of-living adjustment means the
percentage (if any) by which the Consumer Price Index for all-urban
consumers (CPI-U) for the month of October preceding the date of the
adjustment exceeds the CPI-U for the month of October 1 year before the
month of October preceding the date of the adjustment.
The CPI-U in October 2015 was 237.838, and the CPI-U in October
2016 was 241.729. The rate of inflation between October 2015 and
October 2016 is therefore 1.636 percent. When applied to the current
ABLA penalty of $19,787, this rate of inflation yields a raw
(unrounded) inflation adjustment of $323.72. Rounded to the nearest
dollar, the inflation adjustment is $324, meaning that the new maximum
civil penalty for violations of the ABLA will be $20,111.
The new maximum civil penalty will apply to all penalties that are
assessed after January 10, 2017. TTB has also updated its Web page at
https://www.ttb.gov/regulation_guidance/ablapenalty.html to reflect the
adjusted penalty.
Signed: January 3, 2017.
John J. Manfreda,
Administrator.
[FR Doc. 2017-00082 Filed 1-9-17; 8:45 am]
BILLING CODE 4810-31-P
