Civil Monetary Penalty Inflation Adjustment-Alcoholic Beverage Labeling Act, 14614-14615 [2019-07220]
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Federal Register / Vol. 84, No. 70 / Thursday, April 11, 2019 / Rules and Regulations
Country
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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
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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
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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
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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
