Civil Monetary Penalty Inflation Adjustment-Alcoholic Beverage Labeling Act, 14614-14615 [2019-07220]

Download as PDF 14614 Federal Register / Vol. 84, No. 70 / Thursday, April 11, 2019 / Rules and Regulations Country * * * Dated: April 5, 2019. Nazak Nikakhtar, Assistant Secretary for Industry & Analysis, Performing the Non-Exclusive Duties of the Under Secretary for Industry and Security. [FR Doc. 2019–07211 Filed 4–10–19; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau 27 CFR Part 16 [Docket No. TTB–2019–0002; Notice No. 180] Civil Monetary Penalty Inflation Adjustment—Alcoholic Beverage Labeling Act Alcohol and Tobacco Tax and Trade Bureau, Treasury. ACTION: Notice of civil monetary penalty adjustment. AGENCY: 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 $20,521, with each day constituting a separate offense. This document announces that this maximum penalty is being increased to $21,039. DATES: The new maximum civil penalty for violations of the ABLA takes effect on April 11, 2019 and applies to penalties that are assessed after that date. FOR FURTHER INFORMATION CONTACT: Rita D. Butler, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005; (202) 453– 1039, ext. 101. SUMMARY: amozie on DSK9F9SC42PROD with RULES 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, as amended by the Federal Civil Penalties VerDate Sep<11>2014 Federal Register citation and date of publication Listed person and address 16:02 Apr 10, 2019 Jkt 247001 * * Inflation Adjustment Act Improvements Act of 2015, Public Law 114–74, section 701, 129 Stat. 584, 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 Inflation Adjustment Act, as amended, requires agencies to adjust civil monetary penalties annually by the inflation adjustment described in section 5 of the Inflation Adjustment Act. The Act 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. The Inflation Adjustment Act, as amended, 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 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 * * 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 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 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 E:\FR\FM\11APR1.SGM 11APR1 Federal Register / Vol. 84, No. 70 / Thursday, April 11, 2019 / Rules and Regulations 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 website mentioned above of cost-ofliving adjustments to the civil penalty for violations of 27 CFR part 16. Penalty Adjustment amozie on DSK9F9SC42PROD with RULES Dated: April 8, 2019. Amy R. Greenberg, Director, Regulations and Rulings Division. [FR Doc. 2019–07220 Filed 4–10–19; 8:45 am] BILLING CODE 4810–31–P 16:02 Apr 10, 2019 40 CFR Part 52 [EPA–R04–OAR–2018–0542; FRL–9991–96– Region 4] Air Plan Approval; Florida; 2008 8-Hour Ozone Interstate Transport Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to approve Florida’s October 3, 2017, State Implementation Plan (SIP) submission pertaining to the ‘‘good neighbor’’ provision of the Clean Air Act (CAA or Act) for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS). The good neighbor provision requires each state’s implementation plan to address the interstate transport of air pollution in amounts that contribute significantly to nonattainment or interfere with maintenance of a NAAQS in any other state. In this action, EPA is making a determination that Florida’s SIP contains adequate provisions to prohibit emissions within the state from contributing significantly to nonattainment or interfering with maintenance of the 2008 8-hour ozone NAAQS in any other state. DATES: This rule will be effective May 13, 2019. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2018–0542. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303–8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday SUMMARY: In this document, TTB is publishing its yearly adjustment to the maximum ABLA penalty, as required by the amended Inflation Adjustment Act. As mentioned earlier, the ABLA contains a maximum civil monetary penalty. For such penalties, section 5 of the Inflation Adjustment Act 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 2017 was 246.663, and the CPI–U in October 2018 was 252.885. The rate of inflation between October 2017 and October 2018 is therefore 2.522 percent. When applied to the current ABLA penalty of $20,521, this rate of inflation yields a raw (unrounded) inflation adjustment of $517.53962. Rounded to the nearest dollar, the inflation adjustment is $518, meaning that the new maximum civil penalty for violations of the ABLA will be $21,039. The new maximum civil penalty will apply to all penalties that are assessed after April 11, 2019. TTB will also update its web page at https:// www.ttb.gov/regulation_guidance/ ablapenalty.html to reflect the adjusted penalty. VerDate Sep<11>2014 ENVIRONMENTAL PROTECTION AGENCY Jkt 247001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 14615 through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Evan Adams, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303–8960. Mr. Adams can also be reached via telephone at (404) 562–9009 and via electronic mail at adams.evan@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On March 27, 2008 (73 FR 16436), EPA promulgated an ozone NAAQS that revised the levels of the primary and secondary 8-hour ozone standards from 0.08 parts per million (ppm) to 0.075 ppm. Pursuant to CAA section 110(a)(1), within three years after promulgation of a new or revised NAAQS (or shorter, if EPA prescribes), states must submit SIPs that meet the applicable requirements of section 110(a)(2). EPA has historically referred to these SIP submissions made for the purpose of satisfying the requirements of sections 110(a)(1) and 110(a)(2) as ‘‘infrastructure SIP’’ submissions. One of the structural requirements of section 110(a)(2) is section 110(a)(2)(D)(i), which generally requires SIPs to contain adequate provisions to prohibit in-state emissions activities from having certain adverse air quality effects on neighboring states due to interstate transport of air pollution. There are four sub-elements, or ‘‘prongs,’’ within section 110(a)(2)(D)(i) of the CAA. CAA section 110(a)(2)(D)(i)(I), also known as the ‘‘good neighbor’’ provision, requires SIPs to include provisions prohibiting any source or other type of emissions activity in one state from emitting any air pollutant in amounts that will contribute significantly to nonattainment, or interfere with maintenance, of the NAAQS in another state. The two provisions of this section are referred to as prong 1 (significant contribution to nonattainment) and prong 2 (interference with maintenance). Section 110(a)(2)(D)(i)(II) requires SIPs to contain adequate provisions to prohibit emissions that will interfere with measures required to be included in the applicable implementation plan for any other state under part C to prevent significant deterioration of air quality (prong 3) or to protect visibility (prong 4). On October 3, 2017, Florida submitted a SIP submittal containing a certification that the State’s SIP meets the requirements of CAA section E:\FR\FM\11APR1.SGM 11APR1

Agencies

[Federal Register Volume 84, Number 70 (Thursday, April 11, 2019)]
[Rules and Regulations]
[Pages 14614-14615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07220]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 16

[Docket No. TTB-2019-0002; Notice No. 180]


Civil Monetary Penalty Inflation Adjustment--Alcoholic Beverage 
Labeling Act

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION: Notice 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 $20,521, with each day 
constituting a separate offense. This document announces that this 
maximum penalty is being increased to $21,039.

DATES: The new maximum civil penalty for violations of the ABLA takes 
effect on April 11, 2019 and applies to penalties that are assessed 
after that date.

FOR FURTHER INFORMATION CONTACT: Rita D. Butler, Regulations and 
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G 
Street NW, Box 12, Washington, DC 20005; (202) 453-1039, ext. 101.

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, as amended by the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015, Public Law 114-74, section 
701, 129 Stat. 584, 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 Inflation Adjustment Act, as amended, requires agencies to 
adjust civil monetary penalties annually by the inflation adjustment 
described in section 5 of the Inflation Adjustment Act. The Act 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.
    The Inflation Adjustment Act, as amended, 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 
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 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

[[Page 14615]]

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 website mentioned 
above of cost-of-living adjustments to the civil penalty for violations 
of 27 CFR part 16.

Penalty Adjustment

    In this document, TTB is publishing its yearly adjustment to the 
maximum ABLA penalty, as required by the amended Inflation Adjustment 
Act.
    As mentioned earlier, the ABLA contains a maximum civil monetary 
penalty. For such penalties, section 5 of the Inflation Adjustment Act 
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 2017 was 246.663, and the CPI-U in October 
2018 was 252.885. The rate of inflation between October 2017 and 
October 2018 is therefore 2.522 percent. When applied to the current 
ABLA penalty of $20,521, this rate of inflation yields a raw 
(unrounded) inflation adjustment of $517.53962. Rounded to the nearest 
dollar, the inflation adjustment is $518, meaning that the new maximum 
civil penalty for violations of the ABLA will be $21,039.
    The new maximum civil penalty will apply to all penalties that are 
assessed after April 11, 2019. TTB will also update its web page at 
https://www.ttb.gov/regulation_guidance/ablapenalty.html to reflect the 
adjusted penalty.

    Dated: April 8, 2019.
Amy R. Greenberg,
Director, Regulations and Rulings Division.
[FR Doc. 2019-07220 Filed 4-10-19; 8:45 am]
 BILLING CODE 4810-31-P