Department of Homeland Security and Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for the H-2B Temporary Non-agricultural Worker Program, 14147-14149 [2017-05178]
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Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Rules and Regulations
§ 507.75 Residing officer for an appeal and
for an informal hearing.
ACTION:
The presiding officer for an appeal,
and for an informal hearing, must be an
Office of Regulatory Affairs Program
Director or another FDA official senior
to an FDA District Director.
SUMMARY:
PART 507—CURRENT GOOD
MANUFACTURING PRACTICE,
HAZARD ANALYSIS, AND RISK–
BASED PREVENTIVE CONTROLS FOR
FOOD FOR ANIMALS
mstockstill on DSK3G9T082PROD with RULES
and must include a recommended
decision, with a statement of reasons.
(iv) Written appeal. If the appellant
appeals the detention order but does not
request a hearing, the presiding FDA
official must render a decision on the
appeal affirming or revoking the
detention order within 5-working days
after the receipt of the appeal.
(v) Presiding FDA official’s decision.
If, based on the evidence presented at
the hearing or by the appellant in a
written appeal, the presiding FDA
official finds that the shell eggs were
produced or held in violation of this
section, he must affirm the order that
they be diverted, under the supervision
of an officer or employee of FDA for
processing under the EPIA or by a
treatment that achieves at least a 5-log
destruction of SE or destroyed by or
under the supervision of an officer or
employee of FDA; otherwise, the
presiding FDA official must issue a
written notice that the prior order is
withdrawn. If the presiding FDA official
affirms the order, he must order that the
diversion or destruction be
accomplished within 10-working days
from the date of the issuance of his
decision. The presiding FDA official’s
decision must be accompanied by a
statement of the reasons for the
decision. The decision of the presiding
FDA official constitutes final agency
action, subject to judicial review.
(vi) No appeal. If there is no appeal
of the order and the person in
possession of the shell eggs that are
subject to the order fails to divert or
destroy them within 10-working days,
or if the demand is affirmed by the
presiding FDA official after an appeal
and the person in possession of such
eggs fails to divert or destroy them
within 10-working days, FDA’s district
office or, if applicable, the State or local
representative may designate an officer
or employee to divert or destroy such
eggs. It shall be unlawful to prevent or
to attempt to prevent such diversion or
destruction of the shell eggs by the
designated officer or employee.
*
*
*
*
*
29 CFR Part 503
14147
15. The authority citation for part 507
continues to read as follows:
■
Authority: 21 U.S.C. 331, 342, 343, 350d
note, 350g, 350g note, 371, 374; 42 U.S.C.
243, 264, 271.
■
19:31 Mar 16, 2017
Jkt 241001
17. The authority citation for part 800
continues to read as follows:
■
Authority: 21 U.S.C. 321, 334, 351, 352,
355, 360e, 360i, 360k, 361, 362, 371.
18. Amend § 800.55 by revising
paragraphs (g)(3)(iv) and (g)(4) to read as
follows:
■
§ 800.55
Administrative detention.
*
*
*
*
*
(g) * * *
(3) * * *
(iv) Paragraph (g)(4) of this section,
rather than § 16.42(a) of this chapter,
describes the FDA employees, i.e.,
Office of Regulatory Affairs Program
Directors or other FDA officials senior to
an FDA District Director, who preside at
hearings under this section.
(4) The presiding officer of a
regulatory hearing on an appeal of a
detention order, who also shall decide
the appeal, shall be an Office of
Regulatory Affairs Program Director or
another FDA official senior to an FDA
District Director who is permitted by
§ 16.42(a) of this chapter to preside over
the hearing.
*
*
*
*
*
Dated: March 13, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017–05350 Filed 3–16–17; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HOMELAND
SECURITY
The U.S. Department of
Homeland Security (DHS) and the U.S.
Department of Labor (DOL)
(collectively, ‘‘the Departments’’) are
jointly issuing this final rule to adjust
for inflation the civil monetary penalties
assessed or enforced in connection with
the employment of temporary
nonimmigrant workers under the H–2B
program, pursuant to the Federal Civil
Penalties Inflation Adjustment Act of
1990 as amended by the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (Inflation
Adjustment Act). The Inflation
Adjustment Act provides that agencies
shall adjust civil monetary penalties
notwithstanding Section 553 of the
Administrative Procedure Act (APA).
Additionally, the Inflation Adjustment
Act provides a cost-of-living formula for
adjustment of the civil penalties.
Accordingly, this final rule sets forth the
Departments’ 2017 annual adjustments
for inflation to the H–2B civil monetary
penalties, effective March 17, 2017.
This final rule is effective March
17, 2017. As provided by the Inflation
Adjustment Act, the increased penalty
levels apply to any penalties assessed
after March 17, 2017.
DATES:
FOR FURTHER INFORMATION CONTACT:
Pamela Peters, Program Analyst, U.S.
Department of Labor, Room S–2312, 200
Constitution Avenue NW., Washington,
DC 20210; telephone: (202) 693–5959
(this is not a toll-free number). Copies
of this final rule may be obtained in
alternative formats (large print, Braille,
audio tape or disc), upon request, by
calling (202) 693–5959 (this is not a tollfree number). TTY/TDD callers may dial
toll-free 1–877–889–5627 to obtain
information or request materials in
alternative formats.
[CIS No. 2585–16]
SUPPLEMENTARY INFORMATION:
RIN 1615–AC10
I. Regulatory Information
DEPARTMENT OF LABOR
The Inflation Adjustment Act
required agencies to: (1) Adjust the level
of civil monetary penalties with an
initial ‘‘catch-up’’ adjustment through
an interim final rule (IFR); and (2) make
subsequent annual adjustments for
inflation. Agencies are required to
publish an annual inflation adjustment
no later than January 15, 2017, and by
January 15 of each subsequent year.
On July 1, 2016, the Departments
established the initial catch-up
adjustment for civil monetary penalties
assessed or enforced in connection with
the employment of temporary
nonimmigrant workers under the H–2B
Wage and Hour Division
RIN 1235–AA16
Department of Homeland Security and
Department of Labor Federal Civil
Penalties Inflation Adjustment Act
Annual Adjustments for the H–2B
Temporary Non-agricultural Worker
Program
Department of Homeland
Security; Wage and Hour Division,
Department of Labor.
AGENCY:
16. Revise § 507.75 to read as follows:
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PART 800—GENERAL
Final rule.
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14148
Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Rules and Regulations
program. See 81 FR 42983 (IFR).1 This
final rule reflects that the Departments
did not receive any public comments on
the jointly-issued IFR and so did not
make any changes to the civil monetary
penalty amounts established in the IFR
based on comments received. For that
reason, this rule is being issued jointly
by DOL and DHS. As explained in the
IFR, DOL will make future adjustments
to the H–2B civil monetary penalties
consistent with DOL’s delegated
authority under 8 U.S.C. 1184(c)(14),
Immigration and Nationality Act section
214(c)(14), and the Inflation Adjustment
Act. See 81 FR 42985 n.2. DOL will
make the first such adjustment in 2018.
Agencies are required to calculate the
annual adjustment based on the
Consumer Price Index for all Urban
Consumers (CPI–U). Annual inflation
adjustments are based on the percent
change between the October CPI–U
preceding the date of the adjustment,
and the prior year’s October CPI–U; in
this case, the percent change between
the October 2016 CPI–U and the October
2015 CPI–U. The cost-of-living
adjustment multiplier for 2017, based
on the Consumer Price Index (CPI–U)
for the month of October 2016, not
seasonally adjusted, is 1.01636.2 In
order to complete the 2017 annual
adjustment, the Departments multiplied
the most recent H–2B maximum civil
monetary penalty amounts by the
multiplier, 1.01636, and rounded to the
nearest dollar.
As provided by the Inflation
Adjustment Act, the increased penalty
levels apply to any penalties assessed
after the effective date of this rule.
Accordingly, for penalties assessed after
March 17, 2017, whose associated
violations occurred after November 2,
2015, the higher penalty amounts
outlined in this rule will apply. The
chart below demonstrates the penalty
amounts that apply:
Violations occurring
Penalty assessed
On or before November 2, 2015 .......
On or before November 2, 2015 .......
After November 2, 2015 ....................
After November 2, 2015 ....................
On or before August 1, 2016 ............................................................
After August 1, 2016 .........................................................................
After August 1, 2016, but on or before March 17, 2017 ..................
After March 17, 2017 ........................................................................
Pre-August 1, 2016 levels.
Pre-August 1, 2016 levels.
August 1, 2016 levels.
March 17, 2017 levels.
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility to minimize
burden.
By mandating inflation adjustments
consistent with a non-discretionary,
clear formula, Congress has already
determined that any possible increase in
costs is justified by the overall benefits
of such adjustments. This final rule
makes only the statutory changes
outlined herein; thus there are no
alternatives or further analysis required
by E.O. 13563.
IV. Executive Orders 12866: Regulatory
Planning and Review; and Executive
Order 13563: Improving Regulation and
Regulatory Review
Executive Order 12866 requires that
regulatory agencies assess both the costs
and benefits of significant regulatory
actions. Under the Executive Order, a
‘‘significant regulatory action’’ is one
meeting any of a number of specified
conditions, including the following:
Having an annual effect on the economy
of $100 million or more; creating a
serious inconsistency or interfering with
an action of another agency; materially
altering the budgetary impact of
entitlements or the rights of entitlement
recipients, or raising novel legal or
policy issues.
The Departments have determined
that this final rule is not a ‘‘significant’’
regulatory action and a cost-benefit and
economic analysis is not required. This
regulation merely adjusts civil monetary
penalties in accordance with inflation as
required by the Inflation Adjustment
Act, and has no impact on disclosure or
compliance costs. The benefit provided
by the inflationary adjustment to the
maximum civil monetary penalties is
that of maintaining the incentive for the
regulated community to comply with
the laws enforced by the Departments,
and not allowing the incentive to be
diminished by inflation. To the extent
this Final Rule increases civil monetary
penalties, it would result in an increase
in transfers from persons or entities
assessed a civil monetary penalty to the
government.
Executive Order 13563 directs
agencies to assess all costs and benefits
of available regulatory alternatives and,
if regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety effects, distributive impacts,
and equity). Executive Order 13563
emphasizes the importance of
1 The Departments incorporate by reference the
preamble to the July 2016 IFR. See 81 FR 42983–
42986.
2 OMB provided the year-over-year multiplier,
rounded to 5 decimal points. See M–17–11,
Implementation of the 2017 annual adjustment
pursuant to the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (Dec 16,
2016).
II. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)) requires that the
Departments consider the impact of
paperwork and other information
collection burdens imposed on the
public. The Departments have
determined that this final rule does not
require any collection of information.
III. Administrative Procedure Act
The Inflation Adjustment Act
provides that agencies shall annually
adjust civil monetary penalties for
inflation notwithstanding Section 553 of
the Administrative Procedure Act
(APA). Additionally, the Inflation
Adjustment Act provides a
nondiscretionary clear formula for
annual adjustment of the civil monetary
penalties. For these reasons, the
requirements in sections 553(b), (c), and
(d) of the APA, relating to notice and
comment and requiring that a rule be
effective at least 30 days after
publication in the Federal Register, are
inapplicable.
mstockstill on DSK3G9T082PROD with RULES
Which penalty level applies
VerDate Sep<11>2014
19:31 Mar 16, 2017
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PO 00000
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V. Regulatory Flexibility Act and Small
Business Regulatory Enforcement
Fairness Act
The Regulatory Flexibility Act, 5
U.S.C. 601 et seq. (RFA), imposes
certain requirements on Federal agency
rules that are subject to the notice and
comment requirements of the APA, 5
U.S.C. 553(b). This final rule is exempt
from the requirements of the APA
because the Inflation Adjustment Act
directed the Departments to issue the
annual adjustments without regard to
Section 553 of the APA. Therefore, the
requirements of the RFA applicable to
final rules, 5 U.S.C. 604, do not apply
to this final rule. Accordingly, the
Departments are not required to either
certify that the final rule would not have
a significant economic impact on a
substantial number of small entities or
conduct a regulatory flexibility analysis.
E:\FR\FM\17MRR1.SGM
17MRR1
Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Rules and Regulations
VI. Environmental Impact Assessment
This action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This action is
therefore categorically excluded from
further review under the National
Environmental Policy Act of 1969
(NEPA), 42 U.S.C. 4321–4375.
List of Subjects in 29 CFR Part 503
Administrative practice and
procedure, Aliens, Employment,
Housing, Immigration, Labor, Penalties,
Transportation, Wages.
mstockstill on DSK3G9T082PROD with RULES
Accordingly, for the reasons set out in
the preamble, 29 CFR part 503 is
amended as follows:
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2017–0132]
RIN 1625–AA00
Safety Zone; Annual Events Requiring
Safety Zones in the Captain of the Port
Lake Michigan Zone—St. Patrick’s Day
Fireworks
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the safety zone on the Manitowoc River
in Manitowoc, WI for the St. Patrick’s
Title 29—Labor
Day Fireworks on March 17, 2017. This
action is necessary and intended to
PART 503—ENFORCEMENT OF
ensure safety of life on navigable waters
OBLIGATIONS FOR TEMPORARY
immediately prior to, during, and after
NONIMMIGRANT NONthe fireworks display. During the
AGRICULTURAL WORKERS
aforementioned period, the Coast Guard
DESCRIBED IN THE IMMIGRATION
will enforce restrictions upon, and
AND NATIONALITY ACT
control movement of, vessels in the
safety zone. No person or vessel may
■ 1. The authority citation for part 503
enter the safety zone while it is being
enforced without permission of the
continues to read as follows:
Captain of the Port Lake Michigan or a
Authority: 8 U.S.C. 1101(a)(15)(H)(ii)(b); 8
designated representative.
U.S.C. 1184; 8 CFR 214.2(h); 28 U.S.C. 2461
DATES: The regulations in 33 CFR
note (Federal Civil Penalties Inflation
165.929 will be enforced for safety zone
Adjustment Act of 1990); Pub. L. 114–74 at
(a)(1), Table 165.929, from 6:15 p.m.
§ 701.
until 7:15 p.m. on March 17, 2017.
§ 503.23 [Amended]
FOR FURTHER INFORMATION CONTACT: If
you have questions on this document,
■ 2. In the table below for § 503.23, for
call or email marine event coordinator,
each paragraph indicated in the left
Prevention Department, Coast Guard
column, remove the dollar amount
Sector Lake Michigan, Milwaukee, WI at
indicated in the middle column from
(414) 747–7148, email D09-SMBwherever it appears in the paragraph,
SECLakeMichigan-WWM@uscg.mil.
and add in its place the dollar amount
SUPPLEMENTARY INFORMATION: The Coast
indicated in the right column:
Guard will enforce the St. Patrick’s Day
Fireworks safety zone listed as item
Paragraph
Remove
Add
(a)(1) in Table 165.929 of 33 CFR
(b) .............................
$11,940
$12,135 165.929. Section 165.929 lists many
(c) ..............................
11,940
12,135 annual events requiring safety zones in
(d) .............................
11,940
12,135 the Captain of the Port Lake Michigan
zone. This safety zone will encompass
all waters of the Manitowoc River
John F. Kelly,
within the arc of a circle with a 250-foot
Secretary of Homeland Security.
radius from a center point launch
position at 44°05.492′ N., 087°39.332′
Edward C. Hugler,
W. (NAD 83). As specified in 33 CFR
Acting Secretary of Labor.
165.929, all vessels must obtain
[FR Doc. 2017–05178 Filed 3–16–17; 8:45 am]
permission from the Captain of the Port
BILLING CODE 4510–27–P; 9111–97–P
Lake Michigan or a designated
representative to enter, move within, or
exit the safety zone when it is enforced.
Vessels and persons granted permission
to enter the safety zone must obey all
lawful orders or directions of the
Captain of the Port Lake Michigan or a
designated representative.
VerDate Sep<11>2014
19:31 Mar 16, 2017
Jkt 241001
SUMMARY:
PO 00000
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Fmt 4700
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14149
This document is issued under
authority of 33 CFR 165.929, Safety
Zones; Annual events requiring safety
zones in the Captain of the Port Lake
Michigan zone, and 5 U.S.C. 552(a). In
addition to this publication in the
Federal Register, the Coast Guard plans
to provide the maritime community
with advance notification for the
enforcement of this zone via Broadcast
Notice to Mariners or Local Notice to
Mariners. The Captain of the Port Lake
Michigan or a representative may be
contacted via Channel 16, VHF–FM.
Dated: March 10, 2017.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. 2017–05418 Filed 3–16–17; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1983–0002; FRL–9958–
96–Region 4]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Perdido Ground Water
Contamination Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency Region 4 is publishing this
direct final Notice of Deletion for the
Perdido Ground Water Contamination
Superfund Site (Site), located in
Perdido, Baldwin County, Alabama,
from the National Priorities List (NPL).
The NPL, promulgated pursuant to
Section 105 of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an
appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). This direct
final deletion is being published by the
EPA with the concurrence of the State
of Alabama, through the Alabama
Department of Environmental
Management (ADEM), because the EPA
has determined that all appropriate
response actions under CERCLA have
been completed. However, this deletion
does not preclude future actions under
Superfund.
DATES: This direct final deletion is
effective May 16, 2017 unless the EPA
receives adverse comments by April 17,
2017. If adverse comments are received,
SUMMARY:
E:\FR\FM\17MRR1.SGM
17MRR1
]]>Agencies
[Federal Register Volume 82, Number 51 (Friday, March 17, 2017)]
[Rules and Regulations]
[Pages 14147-14149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05178]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
[CIS No. 2585-16]
RIN 1615-AC10
DEPARTMENT OF LABOR
Wage and Hour Division
29 CFR Part 503
RIN 1235-AA16
Department of Homeland Security and Department of Labor Federal
Civil Penalties Inflation Adjustment Act Annual Adjustments for the H-
2B Temporary Non-agricultural Worker Program
AGENCY: Department of Homeland Security; Wage and Hour Division,
Department of Labor.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Homeland Security (DHS) and the U.S.
Department of Labor (DOL) (collectively, ``the Departments'') are
jointly issuing this final rule to adjust for inflation the civil
monetary penalties assessed or enforced in connection with the
employment of temporary nonimmigrant workers under the H-2B program,
pursuant to the Federal Civil Penalties Inflation Adjustment Act of
1990 as amended by the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (Inflation Adjustment Act). The Inflation
Adjustment Act provides that agencies shall adjust civil monetary
penalties notwithstanding Section 553 of the Administrative Procedure
Act (APA). Additionally, the Inflation Adjustment Act provides a cost-
of-living formula for adjustment of the civil penalties. Accordingly,
this final rule sets forth the Departments' 2017 annual adjustments for
inflation to the H-2B civil monetary penalties, effective March 17,
2017.
DATES: This final rule is effective March 17, 2017. As provided by the
Inflation Adjustment Act, the increased penalty levels apply to any
penalties assessed after March 17, 2017.
FOR FURTHER INFORMATION CONTACT: Pamela Peters, Program Analyst, U.S.
Department of Labor, Room S-2312, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone: (202) 693-5959 (this is not a toll-
free number). Copies of this final rule may be obtained in alternative
formats (large print, Braille, audio tape or disc), upon request, by
calling (202) 693-5959 (this is not a toll-free number). TTY/TDD
callers may dial toll-free 1-877-889-5627 to obtain information or
request materials in alternative formats.
SUPPLEMENTARY INFORMATION:
I. Regulatory Information
The Inflation Adjustment Act required agencies to: (1) Adjust the
level of civil monetary penalties with an initial ``catch-up''
adjustment through an interim final rule (IFR); and (2) make subsequent
annual adjustments for inflation. Agencies are required to publish an
annual inflation adjustment no later than January 15, 2017, and by
January 15 of each subsequent year.
On July 1, 2016, the Departments established the initial catch-up
adjustment for civil monetary penalties assessed or enforced in
connection with the employment of temporary nonimmigrant workers under
the H-2B
[[Page 14148]]
program. See 81 FR 42983 (IFR).\1\ This final rule reflects that the
Departments did not receive any public comments on the jointly-issued
IFR and so did not make any changes to the civil monetary penalty
amounts established in the IFR based on comments received. For that
reason, this rule is being issued jointly by DOL and DHS. As explained
in the IFR, DOL will make future adjustments to the H-2B civil monetary
penalties consistent with DOL's delegated authority under 8 U.S.C.
1184(c)(14), Immigration and Nationality Act section 214(c)(14), and
the Inflation Adjustment Act. See 81 FR 42985 n.2. DOL will make the
first such adjustment in 2018.
---------------------------------------------------------------------------
\1\ The Departments incorporate by reference the preamble to the
July 2016 IFR. See 81 FR 42983-42986.
---------------------------------------------------------------------------
Agencies are required to calculate the annual adjustment based on
the Consumer Price Index for all Urban Consumers (CPI-U). Annual
inflation adjustments are based on the percent change between the
October CPI-U preceding the date of the adjustment, and the prior
year's October CPI-U; in this case, the percent change between the
October 2016 CPI-U and the October 2015 CPI-U. The cost-of-living
adjustment multiplier for 2017, based on the Consumer Price Index (CPI-
U) for the month of October 2016, not seasonally adjusted, is
1.01636.\2\ In order to complete the 2017 annual adjustment, the
Departments multiplied the most recent H-2B maximum civil monetary
penalty amounts by the multiplier, 1.01636, and rounded to the nearest
dollar.
---------------------------------------------------------------------------
\2\ OMB provided the year-over-year multiplier, rounded to 5
decimal points. See M-17-11, Implementation of the 2017 annual
adjustment pursuant to the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (Dec 16, 2016).
---------------------------------------------------------------------------
As provided by the Inflation Adjustment Act, the increased penalty
levels apply to any penalties assessed after the effective date of this
rule. Accordingly, for penalties assessed after March 17, 2017, whose
associated violations occurred after November 2, 2015, the higher
penalty amounts outlined in this rule will apply. The chart below
demonstrates the penalty amounts that apply:
------------------------------------------------------------------------
Which penalty
Violations occurring Penalty assessed level applies
------------------------------------------------------------------------
On or before November 2, 2015 On or before August 1, Pre-August 1,
2016. 2016 levels.
On or before November 2, 2015 After August 1, 2016... Pre-August 1,
2016 levels.
After November 2, 2015....... After August 1, 2016, August 1, 2016
but on or before March levels.
17, 2017.
After November 2, 2015....... After March 17, 2017... March 17, 2017
levels.
------------------------------------------------------------------------
II. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the Departments consider the impact of paperwork and other
information collection burdens imposed on the public. The Departments
have determined that this final rule does not require any collection of
information.
III. Administrative Procedure Act
The Inflation Adjustment Act provides that agencies shall annually
adjust civil monetary penalties for inflation notwithstanding Section
553 of the Administrative Procedure Act (APA). Additionally, the
Inflation Adjustment Act provides a nondiscretionary clear formula for
annual adjustment of the civil monetary penalties. For these reasons,
the requirements in sections 553(b), (c), and (d) of the APA, relating
to notice and comment and requiring that a rule be effective at least
30 days after publication in the Federal Register, are inapplicable.
IV. Executive Orders 12866: Regulatory Planning and Review; and
Executive Order 13563: Improving Regulation and Regulatory Review
Executive Order 12866 requires that regulatory agencies assess both
the costs and benefits of significant regulatory actions. Under the
Executive Order, a ``significant regulatory action'' is one meeting any
of a number of specified conditions, including the following: Having an
annual effect on the economy of $100 million or more; creating a
serious inconsistency or interfering with an action of another agency;
materially altering the budgetary impact of entitlements or the rights
of entitlement recipients, or raising novel legal or policy issues.
The Departments have determined that this final rule is not a
``significant'' regulatory action and a cost-benefit and economic
analysis is not required. This regulation merely adjusts civil monetary
penalties in accordance with inflation as required by the Inflation
Adjustment Act, and has no impact on disclosure or compliance costs.
The benefit provided by the inflationary adjustment to the maximum
civil monetary penalties is that of maintaining the incentive for the
regulated community to comply with the laws enforced by the
Departments, and not allowing the incentive to be diminished by
inflation. To the extent this Final Rule increases civil monetary
penalties, it would result in an increase in transfers from persons or
entities assessed a civil monetary penalty to the government.
Executive Order 13563 directs agencies to assess all costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
effects, distributive impacts, and equity). Executive Order 13563
emphasizes the importance of quantifying both costs and benefits,
reducing costs, harmonizing rules, and promoting flexibility to
minimize burden.
By mandating inflation adjustments consistent with a non-
discretionary, clear formula, Congress has already determined that any
possible increase in costs is justified by the overall benefits of such
adjustments. This final rule makes only the statutory changes outlined
herein; thus there are no alternatives or further analysis required by
E.O. 13563.
V. Regulatory Flexibility Act and Small Business Regulatory Enforcement
Fairness Act
The Regulatory Flexibility Act, 5 U.S.C. 601 et seq. (RFA), imposes
certain requirements on Federal agency rules that are subject to the
notice and comment requirements of the APA, 5 U.S.C. 553(b). This final
rule is exempt from the requirements of the APA because the Inflation
Adjustment Act directed the Departments to issue the annual adjustments
without regard to Section 553 of the APA. Therefore, the requirements
of the RFA applicable to final rules, 5 U.S.C. 604, do not apply to
this final rule. Accordingly, the Departments are not required to
either certify that the final rule would not have a significant
economic impact on a substantial number of small entities or conduct a
regulatory flexibility analysis.
[[Page 14149]]
VI. Environmental Impact Assessment
This action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This action is therefore categorically excluded from
further review under the National Environmental Policy Act of 1969
(NEPA), 42 U.S.C. 4321-4375.
List of Subjects in 29 CFR Part 503
Administrative practice and procedure, Aliens, Employment, Housing,
Immigration, Labor, Penalties, Transportation, Wages.
Accordingly, for the reasons set out in the preamble, 29 CFR part
503 is amended as follows:
Title 29--Labor
PART 503--ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT
NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND
NATIONALITY ACT
0
1. The authority citation for part 503 continues to read as follows:
Authority: 8 U.S.C. 1101(a)(15)(H)(ii)(b); 8 U.S.C. 1184; 8 CFR
214.2(h); 28 U.S.C. 2461 note (Federal Civil Penalties Inflation
Adjustment Act of 1990); Pub. L. 114-74 at Sec. 701.
Sec. 503.23 [Amended]
0
2. In the table below for Sec. 503.23, for each paragraph indicated in
the left column, remove the dollar amount indicated in the middle
column from wherever it appears in the paragraph, and add in its place
the dollar amount indicated in the right column:
------------------------------------------------------------------------
Paragraph Remove Add
------------------------------------------------------------------------
(b)............................................... $11,940 $12,135
(c)............................................... 11,940 12,135
(d)............................................... 11,940 12,135
------------------------------------------------------------------------
John F. Kelly,
Secretary of Homeland Security.
Edward C. Hugler,
Acting Secretary of Labor.
[FR Doc. 2017-05178 Filed 3-16-17; 8:45 am]
BILLING CODE 4510-27-P; 9111-97-P
