Authorizing Electronic Payments of Civil Money Penalties, 59928-59931 [2019-23849]
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Federal Register / Vol. 84, No. 216 / Thursday, November 7, 2019 / Rules and Regulations
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2019–21–08 Textron Aviation Inc. (Type
Certificate Previously Held by
Beechcraft Corporation) Airplanes:
Amendment 39–19774; Docket No.
FAA–2019–0853; Product Identifier
2019–CE–036–AD.
(h) Follow-On Actions
Before further flight after the inspection
required by paragraph (g) of this AD, do one
of the following actions, as applicable:
(1) If there are no cracks, no pitting, and
no corrosion, check cable tension and make
any necessary adjustments, and replace
safety wire; or
(2) If there is a crack or any pitting or
corrosion, replace any damaged cable
assembly.
(a) Effective Date
This airworthiness directive (AD) is
effective November 22, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the following Textron
Aviation Inc. (Type Certificate previously
held by Beechcraft Corporation) airplanes,
certificated in any category:
(1) Models E33, E33A, E33C, F33, G33, 35–
C33, 35–C33A, K35, M35, N35, P35, S35,
V35, V35A, and 36, all serial numbers (S/Ns);
(2) Model F33A, S/Ns CE–290 through CE–
680;
(3) Model F33C, S/Ns CJ–26 through CJ–
128;
(4) Model V35B, S/Ns D–9069 through D–
9961; and
(5) Model A36, S/Ns E–185 through E–925.
(d) Subject
Joint Aircraft System Component (JASC)/
Air Transport Association (ATA) of America
Code 2710, Aileron Control System.
(e) Unsafe Condition
This AD was prompted by reports of
cracked and fractured right aileron flight
control cable end fittings (terminal
attachment fittings). The FAA is issuing this
AD to detect and address damaged right
aileron flight control cable end fittings. The
unsafe condition, if not addressed, could
result in failure of the right aileron flight
control cable assembly, un-commanded right
roll of the airplane, and loss of roll control
in the left direction, which may lead to loss
of control of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Inspection
Within 30 days after November 22, 2019
(the effective date of this AD) inspect the
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forward and aft right aileron flight control
cable end fittings that thread into the
turnbuckle. To gain access to the end fittings,
you must remove the front seats and
floorboards and, if installed, the rear seats
and under-seat closeout. The end fittings are
located underneath the heating duct, just
forward of the aft carry through spar.
Note to paragraph (g) of this AD: Adjusting
the turnbuckle relative to the end fittings will
affect cable tension.
(1) Remove any safety wire from the end
fittings and turnbuckle, if installed. Remove
any sleeving and tape on the shank of the
cable end fittings without gouging or
scratching the fitting surface.
(2) Using a 10X magnification, a mirror,
and a light source, inspect all exposed
surfaces of both control cable end fittings for
cracks, pitting, and corrosion.
(i) Credit for Previous Actions
(1) If you performed the actions required
by paragraphs (g) and (h) of this AD before
November 22, 2019 (the effective date of this
AD) using one of the following documents,
you met the requirements of this AD:
(i) American Bonanza Society (ABS) Air
Safety Foundation Beechcraft Control Cable
Turn Buckle Inspection Recommendation,
dated February 8, 2019;
(ii) ABS Air Safety Foundation
Recommended Beechcraft Control Cable
Turnbuckle Inspection, Update 1, dated
February 20, 2019; or
(iii) ABS Air Safety Foundation
Recommended Beechcraft Control Cable
Turnbuckle Inspection, Update 2, dated
August 8, 2019.
(2) The ABS Air Safety Foundations
recommended inspection documents are
available on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2019–0853. You
may also obtain copies of these documents by
contacting the ABS at American Bonanza
Society, 3595 N Webb Road, Suite 200,
Wichita, KS 67226; email: info@bonanza.org;
telephone: (316) 945–1700; fax: (316) 945–
1710; or internet: https://www.bonanza.org/.
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Wichita ACO Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or local Flight Standards
District Office, as appropriate. If sending
information directly to the manager of the
certification office, send it to the attention of
the person identified in paragraph (k) of this
AD.
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(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(k) Related Information
For more information about this AD,
contact Alan Levanduski, Aerospace
Engineer, Wichita ACO Branch, FAA, 1801
Airport Road, Room 100, Wichita, Kansas
67209; phone: (316) 946–4161; fax: (316)
946–4107; email: alan.levanduski@faa.gov.
Issued in Kansas City, Missouri, on
November 1, 2019.
Pat Mullen,
Manager, Aircraft Certification Service, Small
Airplane Standards Branch, AIR–690.
[FR Doc. 2019–24325 Filed 11–6–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF LABOR
Wage and Hour Division
29 CFR Parts 500, 501, 580 and 801
RIN 1235–AA28
Authorizing Electronic Payments of
Civil Money Penalties
Wage and Hour Division,
Department of Labor.
ACTION: Final rule.
AGENCY:
In this final rule, the
Department of Labor (Department)
revises its regulations issued pursuant
to the Migrant and Seasonal
Agricultural Worker Protection Act
(MSPA), the H–2A provisions of the
Immigration and Nationality Act (H–
2A), the Fair Labor Standards Act
(FLSA), and the Employee Polygraph
Protection Act (EPPA) governing the
payment of civil money penalties
(CMPs) assessed by the Wage and Hour
Division (WHD). The regulatory
revisions expand the CMP payment
methods beyond the options specified
in the current text by allowing for the
payment of CMPs through an electronic
payment alternative, and otherwise
amend the regulations to ensure
uniform payment instructions. The
existing MSPA, H–2A, FLSA, and EPPA
regulations require persons assessed a
CMP under those statutory schemes to
remit payment in person or by mail
using a certified check or money order.
In recognition of modern payment
methods, the Department is amending
these regulations to allow for payment
of the CMPs via an electronic payment
alternative, any successor system, or by
any additional payment method that the
Department may deem acceptable in the
future. This action revises the regulatory
text in the appropriate regulations
SUMMARY:
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administered by WHD. This action is
intended to simplify payment methods
for persons assessed a CMP, and does
not impose any new regulatory
requirements.
DATES: This rule is effective November
7, 2019.
FOR FURTHER INFORMATION CONTACT:
Robert Waterman, Division of
Regulations, Legislation, and
Interpretation, Wage and Hour Division,
U.S. Department of Labor, Room S–
3502, 200 Constitution Avenue NW,
Washington, DC 20210, telephone: (202)
693–0406 (this is not a toll-free number)
or email: WHDPRAComments@dol.gov.
SUPPLEMENTARY INFORMATION:
Publication of this document constitutes
final action on these changes under the
Administrative Procedure Act (5 U.S.C.
553). Publication of a Notice of
Proposed Rulemaking is unnecessary
since the agency is merely updating its
regulations to add alternatives for
payment of CMPs and to improve
consistency among its regulations. The
rulemaking does not mandate payment
via electronic payment method.
This final rule is not a regulatory
action under Executive Order 13771
because it is not a significant action
under Executive Order 12866.
I. Background
The Department’s regulations at 29
CFR 500.144, 501.22, 580.18, and 801.43
provide instructions for the payment of
CMPs assessed by WHD under MSPA,
H–2A, the FLSA, and the EPPA. The
instructions currently require that
payment be remitted by certified check
or money order, to be mailed or
delivered to WHD. Many members of
the public may find these payment
methods sufficient. However, the
Department of the Treasury’s Bureau of
the Fiscal Service (Fiscal Service)
analyzed WHD’s CMP payment process
and recommended that Pay.gov be used
as an electronic payment option to
improve its cash management practices
and reduce paper-based collections.
WHD accepted Fiscal Service’s
recommendation and has fully
implemented Pay.gov as an additional
method for paying CMPs. Pay.gov is a
web transaction portal for public access
to federal agency services, sponsored by
the United States Department of the
Treasury’s Fiscal Service.1 WHD
believes that an electronic payment
option provides members of the public
with a faster and less costly payment
method than the current options of
delivering or mailing certified checks or
money orders. Many members of the
1 See
https://www.pay.gov/public/home/notices.
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public may find it in their interest to
remit CMP payments electronically,
thereby avoiding the costs associated
with money orders, certified checks,
certified mail, or courier service, as well
as the cost of personnel time required to
mail or deliver the CMP payments to
WHD. The Department also recognizes
that commonly accepted and preferred
payment methods may continue to
evolve. Accordingly, in this final rule,
the Department adds an option for
electronic payment of CMPs on
www.pay.gov (or any successor system),
permits payment via additional means
that the Department may deem
acceptable, and directs persons who
wish to remit payment to WHD by
certified check or money order to do so
pursuant to WHD instructions that are
provided during the resolution of a
WHD investigation.2
II. Summary of Changes to the
Regulations
In 29 CFR 500.144, 501.22, 580.18,
and 801.43, the regulatory text currently
provides that a person assessed a CMP
shall remit promptly by mail or in
person the amount to the Secretary by
certified check or money order, made
payable to the order of WHD. The
Department has added a payment
alternative to all these provisions to
allow persons the option of submitting
payment of CMPs electronically through
Pay.gov (or any successor system).
Recognizing that commonly accepted
and preferred payment methods may
continue to evolve, the Department has
further revised these regulations to
permit payment via any additional
payment method that the Department
may deem acceptable in the future.
Instructions for any such additional
payment method would be provided
during the resolution of a WHD
investigation. Additionally, the current
text of these regulations lack
consistency in their instructions for
mailing or delivering CMP payment to
WHD when payment is made by
certified check or money order. In this
final rule, the Department has revised
these regulations to eliminate those
inconsistencies.
III. Administrative Procedure Act
Section 553(b)(3) of the
Administrative Procedure Act (APA)
provides that an agency is not required
to publish a notice of proposed
rulemaking in the Federal Register and
2 The regulation at 29 CFR 503.26 similarly
provides instructions for the payment of CMPs
assessed by WHD under the H–2B provisions of the
Immigration and Nationality Act. This final rule
does not amend 29 CFR 503.26. Any revisions to
that regulation will be issued separately.
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59929
solicit public comments when the
agency has good cause to find that doing
so would be ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ 5 U.S.C. 553(b)(3). The
Department finds that good cause exists
to dispense with the notice and public
comment procedures for these minor
amendments to its regulations based on
the conclusion that such procedures are
unnecessary. This rule adds an
electronic payment option for persons
assessed a CMP to submit their CMP
payments to the Department and makes
other minor changes to ensure
consistent payment instructions. This
rule does not impose any new
regulatory obligations. Therefore, the
Department is issuing these regulatory
revisions in a final rule.
Section 553(d) of the APA provides
that substantive rules should take effect
not less than thirty (30) days after the
date they are published in the Federal
Register unless ‘‘otherwise provided by
the agency for good cause found[.]’’ 5
U.S.C. 553(d)(3). Since this rule merely
provides alternative payment
mechanisms and does not impose any
additional regulatory requirements, the
Department finds it is unnecessary to
delay the effective date of the rule.
Accordingly, the Department finds that
good cause exists to make this rule
effective on the date of publication.
IV. Executive Orders 12866, 13563;
Small Business Regulatory Enforcement
Fairness Act; Regulatory Flexibility
This rule has been drafted and
reviewed in accordance with Executive
Order 12866, section 1(b), Principles of
Regulations, as affirmed by Executive
Order 13563. Section 6(a)(3) of
Executive Order 12866 requires that
agencies assess both the costs and
benefits of significant regulatory actions.
Under Executive Order 12866, section
3(f), a ‘‘significant regulatory action’’ is
one that meets any of several 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 Office of Information and
Regulatory Affairs (OIRA) in the Office
of Management and Budget (OMB) has
determined that this rule is not a
‘‘significant regulatory action’’ under
Executive Order 12866, section 3(f) and
waived review. This rule simply
provides persons with alternative
options for providing CMP payments to
WHD and removes detailed, somewhat
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Federal Register / Vol. 84, No. 216 / Thursday, November 7, 2019 / Rules and Regulations
inconsistent instructions for mailing or
delivering checks or money orders for
CMP payments. It does not impose any
costs on employers or other persons,
and does not meet any of the criteria for
an economically significant rule
specified by the Executive Order.
Accordingly, there is no requirement for
an assessment of potential costs and
benefits under section 6(a)(3) of the
order.
Because no notice of proposed
rulemaking is required for this rule
under section 553(b) of the APA, the
requirements of the Regulatory
Flexibility Act (5 U.S.C. 601) pertaining
to regulatory flexibility do not apply to
this rule. See 5 U.S.C. 601(2).
Accordingly, the Department is not
required to either certify that the final
rule would not have a significant
economic impact on a substantial
number of small entities or conduct a
regulatory flexibility analysis.
V. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) (PRA) requires
that the Department consider the impact
of paperwork and other information
collection burdens imposed on the
public. The Department has determined
that this final rule is not subject to the
PRA because any information collected
under this rule is collected during the
conduct of Department investigations,
civil actions to which the agency is a
party, or administrative proceedings,
and therefore is exempt from the PRA’s
requirements. See 44 U.S.C. 3518; 5 CFR
1320.4(a)(2).
VI. Unfunded Mandates Reform Act
This Final Rule has been reviewed in
accordance with the Unfunded
Mandates Reform Act of 1995 (UMRA).
2 U.S.C. 1501 et seq. For the purposes
of the UMRA, this rule does not impose
any Federal mandate that may result in
increased expenditures by State, local or
Tribal governments, or increased
expenditures by the private sector, of
more than $100 million in any year.
VII. Executive Order 13132
(Federalism)
The Department has reviewed this
rule in accordance with the Executive
Order on Federalism (Executive Order
13132, 64 FR 43255, August 10, 1999).
This rule does not have federalism
implications as outlined in Executive
Order 13132. The rule does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
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VIII. Executive Order 13175, Indian
Tribal Governments
The Department has reviewed this
rule under the terms of Executive Order
13175 and determined it did not have
‘‘tribal implications.’’ The rule does not
have ‘‘substantial direct effects on one
or more Indian tribes, on the
relationship between the Federal
government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
government and Indian tribes.’’ As a
result, no Tribal summary impact
statement has been prepared.
List of Subjects
29 CFR Part 500
Administrative practice and
procedure, Aliens, Housing, Insurance,
Intergovernmental relations,
Investigations, Migrant labor, Motor
vehicle safety, Occupational safety and
health, Penalties, Reporting and
recordkeeping requirements, Wages,
Whistleblowing.
29 CFR Part 501
§ 500.144 Civil money penalties—payment
and collection.
Where the assessment is directed in a
final order by the Secretary or in a final
judgment issued by a United States
District Court, the amount of the penalty
is immediately due and payable to the
United States Department of Labor. The
person assessed such penalty shall remit
promptly the amount thereof, as finally
determined, to the Secretary. Payment
shall be made by certified check or
money order made payable and
delivered or mailed according to the
instructions provided by the
Department; through the electronic pay
portal located at www.pay.gov or any
successor system; or by any additional
payment method deemed acceptable by
the Department.
PART 501—ENFORCEMENT OF
CONTRACTUAL OBLIGATIONS FOR
TEMPORARY ALIEN AGRICULTURAL
WORKERS ADMITTED UNDER
SECTION 218 OF THE IMMIGRATION
AND NATIONALITY ACT
3. The authority citation for part 501
continues to read as follows:
■
Administrative practice and
procedure, Agriculture, Aliens,
Employment, Housing, Housing
standards, Immigration, Investigations,
Labor, Migrant labor, Penalties,
Transportation, Wages.
Authority: 8 U.S.C. 1101(a)(15)(H)(ii)(a),
1184(c), and 1188; 28 U.S.C. 2461 Note
(Federal Civil Penalties Inflation Adjustment
Act of 1990); and Pub. L. 114–74 at § 701.
29 CFR Part 580
§ 501.22 Civil money penalties—payment
and collection.
Administrative practice and
procedure, Child labor, Penalties,
Wages.
29 CFR Part 801
Administrative practice and
procedure, Employment, Lie detector
tests, Penalties, Reporting and
recordkeeping requirements.
Dated: October 25, 2019.
Cheryl M. Stanton,
Administrator.
For the reasons set forth above, the
Department of Labor amends Title 29,
Parts 500, 501, 580, and 801 of the Code
of Federal Regulations as follows:
PART 500—MIGRANT AND SEASONAL
AGRICULTURAL WORKER
PROTECTION
1. The authority citation for part 500
continues to read as follows:
■
Authority: Pub. L. 97–470, 96 Stat. 2583
(29 U.S.C. 1801–1872); Secretary’s Order No.
01–2014 (Dec. 19, 2014), 79 FR 77527 (Dec.
24, 2014); 28 U.S.C. 2461 Note (Federal Civil
Penalties Inflation Adjustment Act of 1990);
and Pub. L. 114–74, 129 Stat. 584.
■
2. Revise § 500.144 to read as follows:
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■
4. Revise § 501.22 to read as follows:
Where a civil money penalty is
assessed in a final order by the WHD
Administrator, by an ALJ, or by the
Administrative Review Board (ARB), the
amount of the penalty must be received
by the WHD Administrator within 30
days of the date of the final order. The
person assessed such penalty shall remit
the amount thereof, as finally
determined, to the Secretary. Payment
shall be made by certified check or
money order made payable and
delivered or mailed according to the
instructions provided by the
Department; through the electronic pay
portal located at www.pay.gov or any
successor system; or by any additional
payment method deemed acceptable by
the Department.
PART 580—CIVIL MONEY
PENALTIES—PROCEDURES FOR
ASSESSING AND CONTESTING
PENALTIES
5. The authority citation for part 580
continues to read as follows:
■
Authority: 29 U.S.C. 9a, 203, 209, 211, 212,
213(c), 216; Reorg. Plan No. 6 of 1950, 64
Stat. 1263, 5 U.S.C. App; secs. 25, 29, 88 Stat.
72, 76; Secretary’s Order 01–2014 (Dec. 19,
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2014), 79 FR 77527 (Dec. 24, 2014); 5 U.S.C.
500, 503, 551, 559; 103 Stat. 938.
FEDERAL MINE SAFETY AND HEALTH
REVIEW COMMISSION
6. Revise § 580.18(a) to read as
follows:
29 CFR Part 2700
§ 580.18 Collection and recovery of
penalty.
Procedural Rules To Permit Parties To
File and Serve Documents
Electronically
■
(a) When the determination of the
amount of any civil money penalty
provided for in this part becomes final
under § 580.5 in accordance with the
administrative assessment thereof, or
pursuant to the decision and order of an
Administrative Law Judge in an
administrative proceeding as provided
in § 580.12, or the decision of the Board
pursuant to § 580.16, the amount of the
penalty as thus determined is
immediately due and payable to the
U.S. Department of Labor. The person
assessed such penalty shall remit
promptly the amount thereof, as finally
determined, to the Secretary. Payment
shall be made by certified check or
money order made payable and
delivered or mailed according to the
instructions provided by the
Department; through the electronic pay
portal located at www.pay.gov or any
successor system; or by any additional
payment method deemed acceptable by
the Department.
*
*
*
*
*
PART 801—APPLICATION OF THE
EMPLOYEE POLYGRAPH
PROTECTION ACT OF 1988
7. The authority citation for part 801
continues to read as follows:
■
Authority: Pub. L. 100–347, 102 Stat. 646,
29 U.S.C. 2001–2009; 28 U.S.C. 2461 note
(Federal Civil Penalties Inflation Adjustment
Act of 1990); Pub. L. 114–74 at § 701, 129
Stat 584.
■
8. Revise § 801.43 to read as follows:
§ 801.43 Civil money penalties—payment
and collection.
Where the assessment is directed in a
final order of the Department, the
amount of the penalty is immediately
due and payable to the United States
Department of Labor.
The person assessed such penalty
shall remit promptly the amount
thereof, as finally determined, to the
Secretary. Payment shall be made by
certified check or money order made
payable and delivered or mailed
according to the instructions provided
by the Department; through the
electronic pay portal located at
www.pay.gov or any successor system;
or by any additional payment method
deemed acceptable by the Department.
[FR Doc. 2019–23849 Filed 11–6–19; 8:45 am]
BILLING CODE 4510–27–P
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Federal Mine Safety and Health
Review Commission.
ACTION: Final rule.
AGENCY:
The Federal Mine Safety and
Health Review Commission (‘‘the
Commission’’) published interim rules
on December 23, 2013, that permitted
parties to file and serve documents
electronically with the Commission, and
permitted comments on the rules. The
Commission is adopting those interim
rules as final rules without making
further changes.
DATES:
Effective date: This final rule is
effective December 23, 2019.
Comments due date: The Commission
will accept written and electronic
comments received on or before
December 9, 2019.
ADDRESSES: Written comments should
be mailed to Michael A. McCord,
General Counsel, Office of the General
Counsel, Federal Mine Safety and
Health Review Commission, 1331
Pennsylvania Ave. NW, Suite 520N,
Washington, DC 20004–1710. Electronic
comments should state ‘‘Comments on
Electronic Filing and Service Rules’’ in
the subject line and be sent to
RulesComments@fmshrc.gov.
FOR FURTHER INFORMATION CONTACT:
Sarah Stewart, Deputy General Counsel,
Office of the General Counsel, Federal
Mine Safety and Health Review
Commission, at (202) 434–9935.
SUPPLEMENTARY INFORMATION:
SUMMARY:
A. Background
In 2013, the Commission published
interim rules that permitted parties to
file and serve documents electronically.
78 FR 77354 (Dec. 23, 2013). The
Commission stated that in 2014, it
would begin using a new electronic case
management system (‘‘e-CMS’’) in order
to more efficiently manage its caseload.
The Commission explained that
although parties may file documents
electronically through the system,
parties may also continue to file
documents non-electronically as they
have in the past. The Commission
published changes to its procedural
rules as interim rules in order to
explicitly permit electronic filing and
service. The Commission subsequently
published a correction to one of the
interim rules (79 FR 3104 (Jan. 17,
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59931
2014)), and extended the comment
period through July 31, 2014 (79 FR
20098 (Apr. 11, 2014)).
The Commission received three
comments on the interim rules. Of
those, the Commission received two
comments from the Secretary of Labor
through the U.S. Department of Labor’s
Office of the Solicitor. First, the
Secretary noted that interim rule 29 CFR
2700.5(f)(1) provides that when filing is
by electronic transmission, filing is
effective upon ‘‘successful receipt by the
Commission,’’ and requested
clarification about what constitutes
successful receipt by the Commission.
Second, the Secretary commented that,
as a practical matter, some documents
may not be deliverable on the same day
that a document is filed electronically,
as required by interim rule 29 CFR
2700.7(c)(1).
During the past five years, the
Commission has handled on a case-bycase basis any questions regarding what
constitutes successful receipt in terms of
electronic filing and the inability to
effect service on the same day that a
document was filed electronically.
Given the infrequency with which such
circumstances arise, the Commission
has determined that it is appropriate to
continue its current practice without
making changes to the interim rules.
However, the Commission has placed an
example illustrating successful receipt
in the electronic filing instructions on
its website (www.fmshrc.gov).
The third comment that the
Commission received noted that there is
no Commission procedural rule that
specifically requires that all pleadings
be signed, although interim rule 29 CFR
2700.6 sets forth the manner in which
pleadings should be signed and by
whom. The commenter further
questioned whom should sign a
pleading in a discrimination proceeding
brought by the Secretary on behalf of a
miner pursuant to 30 U.S.C. 815(c)(2).
The Commission has determined that
such comments do not pertain to the
electronic filing and service changes
addressed by the interim rules.
Accordingly, the Commission has
determined that it need not change the
interim rules to address this comment.
However, the Commission is currently
drafting a notice of proposed
rulemaking regarding changes to its
procedural rules that are not restricted
to electronic filing and service. The
Commission is considering the third
comment in the context of that proposed
rulemaking.
E:\FR\FM\07NOR1.SGM
07NOR1
]]>Agencies
[Federal Register Volume 84, Number 216 (Thursday, November 7, 2019)]
[Rules and Regulations]
[Pages 59928-59931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23849]
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DEPARTMENT OF LABOR
Wage and Hour Division
29 CFR Parts 500, 501, 580 and 801
RIN 1235-AA28
Authorizing Electronic Payments of Civil Money Penalties
AGENCY: Wage and Hour Division, Department of Labor.
ACTION: Final rule.
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SUMMARY: In this final rule, the Department of Labor (Department)
revises its regulations issued pursuant to the Migrant and Seasonal
Agricultural Worker Protection Act (MSPA), the H-2A provisions of the
Immigration and Nationality Act (H-2A), the Fair Labor Standards Act
(FLSA), and the Employee Polygraph Protection Act (EPPA) governing the
payment of civil money penalties (CMPs) assessed by the Wage and Hour
Division (WHD). The regulatory revisions expand the CMP payment methods
beyond the options specified in the current text by allowing for the
payment of CMPs through an electronic payment alternative, and
otherwise amend the regulations to ensure uniform payment instructions.
The existing MSPA, H-2A, FLSA, and EPPA regulations require persons
assessed a CMP under those statutory schemes to remit payment in person
or by mail using a certified check or money order. In recognition of
modern payment methods, the Department is amending these regulations to
allow for payment of the CMPs via an electronic payment alternative,
any successor system, or by any additional payment method that the
Department may deem acceptable in the future. This action revises the
regulatory text in the appropriate regulations
[[Page 59929]]
administered by WHD. This action is intended to simplify payment
methods for persons assessed a CMP, and does not impose any new
regulatory requirements.
DATES: This rule is effective November 7, 2019.
FOR FURTHER INFORMATION CONTACT: Robert Waterman, Division of
Regulations, Legislation, and Interpretation, Wage and Hour Division,
U.S. Department of Labor, Room S-3502, 200 Constitution Avenue NW,
Washington, DC 20210, telephone: (202) 693-0406 (this is not a toll-
free number) or email: [email protected].
SUPPLEMENTARY INFORMATION: Publication of this document constitutes
final action on these changes under the Administrative Procedure Act (5
U.S.C. 553). Publication of a Notice of Proposed Rulemaking is
unnecessary since the agency is merely updating its regulations to add
alternatives for payment of CMPs and to improve consistency among its
regulations. The rulemaking does not mandate payment via electronic
payment method.
This final rule is not a regulatory action under Executive Order
13771 because it is not a significant action under Executive Order
12866.
I. Background
The Department's regulations at 29 CFR 500.144, 501.22, 580.18, and
801.43 provide instructions for the payment of CMPs assessed by WHD
under MSPA, H-2A, the FLSA, and the EPPA. The instructions currently
require that payment be remitted by certified check or money order, to
be mailed or delivered to WHD. Many members of the public may find
these payment methods sufficient. However, the Department of the
Treasury's Bureau of the Fiscal Service (Fiscal Service) analyzed WHD's
CMP payment process and recommended that Pay.gov be used as an
electronic payment option to improve its cash management practices and
reduce paper-based collections. WHD accepted Fiscal Service's
recommendation and has fully implemented Pay.gov as an additional
method for paying CMPs. Pay.gov is a web transaction portal for public
access to federal agency services, sponsored by the United States
Department of the Treasury's Fiscal Service.\1\ WHD believes that an
electronic payment option provides members of the public with a faster
and less costly payment method than the current options of delivering
or mailing certified checks or money orders. Many members of the public
may find it in their interest to remit CMP payments electronically,
thereby avoiding the costs associated with money orders, certified
checks, certified mail, or courier service, as well as the cost of
personnel time required to mail or deliver the CMP payments to WHD. The
Department also recognizes that commonly accepted and preferred payment
methods may continue to evolve. Accordingly, in this final rule, the
Department adds an option for electronic payment of CMPs on www.pay.gov
(or any successor system), permits payment via additional means that
the Department may deem acceptable, and directs persons who wish to
remit payment to WHD by certified check or money order to do so
pursuant to WHD instructions that are provided during the resolution of
a WHD investigation.\2\
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\1\ See https://www.pay.gov/public/home/notices.
\2\ The regulation at 29 CFR 503.26 similarly provides
instructions for the payment of CMPs assessed by WHD under the H-2B
provisions of the Immigration and Nationality Act. This final rule
does not amend 29 CFR 503.26. Any revisions to that regulation will
be issued separately.
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II. Summary of Changes to the Regulations
In 29 CFR 500.144, 501.22, 580.18, and 801.43, the regulatory text
currently provides that a person assessed a CMP shall remit promptly by
mail or in person the amount to the Secretary by certified check or
money order, made payable to the order of WHD. The Department has added
a payment alternative to all these provisions to allow persons the
option of submitting payment of CMPs electronically through Pay.gov (or
any successor system). Recognizing that commonly accepted and preferred
payment methods may continue to evolve, the Department has further
revised these regulations to permit payment via any additional payment
method that the Department may deem acceptable in the future.
Instructions for any such additional payment method would be provided
during the resolution of a WHD investigation. Additionally, the current
text of these regulations lack consistency in their instructions for
mailing or delivering CMP payment to WHD when payment is made by
certified check or money order. In this final rule, the Department has
revised these regulations to eliminate those inconsistencies.
III. Administrative Procedure Act
Section 553(b)(3) of the Administrative Procedure Act (APA)
provides that an agency is not required to publish a notice of proposed
rulemaking in the Federal Register and solicit public comments when the
agency has good cause to find that doing so would be ``impracticable,
unnecessary, or contrary to the public interest.'' 5 U.S.C. 553(b)(3).
The Department finds that good cause exists to dispense with the notice
and public comment procedures for these minor amendments to its
regulations based on the conclusion that such procedures are
unnecessary. This rule adds an electronic payment option for persons
assessed a CMP to submit their CMP payments to the Department and makes
other minor changes to ensure consistent payment instructions. This
rule does not impose any new regulatory obligations. Therefore, the
Department is issuing these regulatory revisions in a final rule.
Section 553(d) of the APA provides that substantive rules should
take effect not less than thirty (30) days after the date they are
published in the Federal Register unless ``otherwise provided by the
agency for good cause found[.]'' 5 U.S.C. 553(d)(3). Since this rule
merely provides alternative payment mechanisms and does not impose any
additional regulatory requirements, the Department finds it is
unnecessary to delay the effective date of the rule. Accordingly, the
Department finds that good cause exists to make this rule effective on
the date of publication.
IV. Executive Orders 12866, 13563; Small Business Regulatory
Enforcement Fairness Act; Regulatory Flexibility
This rule has been drafted and reviewed in accordance with
Executive Order 12866, section 1(b), Principles of Regulations, as
affirmed by Executive Order 13563. Section 6(a)(3) of Executive Order
12866 requires that agencies assess both the costs and benefits of
significant regulatory actions. Under Executive Order 12866, section
3(f), a ``significant regulatory action'' is one that meets any of
several 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 Office of Information and Regulatory Affairs (OIRA) in the
Office of Management and Budget (OMB) has determined that this rule is
not a ``significant regulatory action'' under Executive Order 12866,
section 3(f) and waived review. This rule simply provides persons with
alternative options for providing CMP payments to WHD and removes
detailed, somewhat
[[Page 59930]]
inconsistent instructions for mailing or delivering checks or money
orders for CMP payments. It does not impose any costs on employers or
other persons, and does not meet any of the criteria for an
economically significant rule specified by the Executive Order.
Accordingly, there is no requirement for an assessment of potential
costs and benefits under section 6(a)(3) of the order.
Because no notice of proposed rulemaking is required for this rule
under section 553(b) of the APA, the requirements of the Regulatory
Flexibility Act (5 U.S.C. 601) pertaining to regulatory flexibility do
not apply to this rule. See 5 U.S.C. 601(2). Accordingly, the
Department is not required to either certify that the final rule would
not have a significant economic impact on a substantial number of small
entities or conduct a regulatory flexibility analysis.
V. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA)
requires that the Department consider the impact of paperwork and other
information collection burdens imposed on the public. The Department
has determined that this final rule is not subject to the PRA because
any information collected under this rule is collected during the
conduct of Department investigations, civil actions to which the agency
is a party, or administrative proceedings, and therefore is exempt from
the PRA's requirements. See 44 U.S.C. 3518; 5 CFR 1320.4(a)(2).
VI. Unfunded Mandates Reform Act
This Final Rule has been reviewed in accordance with the Unfunded
Mandates Reform Act of 1995 (UMRA). 2 U.S.C. 1501 et seq. For the
purposes of the UMRA, this rule does not impose any Federal mandate
that may result in increased expenditures by State, local or Tribal
governments, or increased expenditures by the private sector, of more
than $100 million in any year.
VII. Executive Order 13132 (Federalism)
The Department has reviewed this rule in accordance with the
Executive Order on Federalism (Executive Order 13132, 64 FR 43255,
August 10, 1999). This rule does not have federalism implications as
outlined in Executive Order 13132. The rule does not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
VIII. Executive Order 13175, Indian Tribal Governments
The Department has reviewed this rule under the terms of Executive
Order 13175 and determined it did not have ``tribal implications.'' The
rule does not have ``substantial direct effects on one or more Indian
tribes, on the relationship between the Federal government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal government and Indian tribes.'' As a result, no Tribal
summary impact statement has been prepared.
List of Subjects
29 CFR Part 500
Administrative practice and procedure, Aliens, Housing, Insurance,
Intergovernmental relations, Investigations, Migrant labor, Motor
vehicle safety, Occupational safety and health, Penalties, Reporting
and recordkeeping requirements, Wages, Whistleblowing.
29 CFR Part 501
Administrative practice and procedure, Agriculture, Aliens,
Employment, Housing, Housing standards, Immigration, Investigations,
Labor, Migrant labor, Penalties, Transportation, Wages.
29 CFR Part 580
Administrative practice and procedure, Child labor, Penalties,
Wages.
29 CFR Part 801
Administrative practice and procedure, Employment, Lie detector
tests, Penalties, Reporting and recordkeeping requirements.
Dated: October 25, 2019.
Cheryl M. Stanton,
Administrator.
For the reasons set forth above, the Department of Labor amends
Title 29, Parts 500, 501, 580, and 801 of the Code of Federal
Regulations as follows:
PART 500--MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION
0
1. The authority citation for part 500 continues to read as follows:
Authority: Pub. L. 97-470, 96 Stat. 2583 (29 U.S.C. 1801-1872);
Secretary's Order No. 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24,
2014); 28 U.S.C. 2461 Note (Federal Civil Penalties Inflation
Adjustment Act of 1990); and Pub. L. 114-74, 129 Stat. 584.
0
2. Revise Sec. 500.144 to read as follows:
Sec. 500.144 Civil money penalties--payment and collection.
Where the assessment is directed in a final order by the Secretary
or in a final judgment issued by a United States District Court, the
amount of the penalty is immediately due and payable to the United
States Department of Labor. The person assessed such penalty shall
remit promptly the amount thereof, as finally determined, to the
Secretary. Payment shall be made by certified check or money order made
payable and delivered or mailed according to the instructions provided
by the Department; through the electronic pay portal located at
www.pay.gov or any successor system; or by any additional payment
method deemed acceptable by the Department.
PART 501--ENFORCEMENT OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY
ALIEN AGRICULTURAL WORKERS ADMITTED UNDER SECTION 218 OF THE
IMMIGRATION AND NATIONALITY ACT
0
3. The authority citation for part 501 continues to read as follows:
Authority: 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), and 1188; 28
U.S.C. 2461 Note (Federal Civil Penalties Inflation Adjustment Act
of 1990); and Pub. L. 114-74 at Sec. 701.
0
4. Revise Sec. 501.22 to read as follows:
Sec. 501.22 Civil money penalties--payment and collection.
Where a civil money penalty is assessed in a final order by the WHD
Administrator, by an ALJ, or by the Administrative Review Board (ARB),
the amount of the penalty must be received by the WHD Administrator
within 30 days of the date of the final order. The person assessed such
penalty shall remit the amount thereof, as finally determined, to the
Secretary. Payment shall be made by certified check or money order made
payable and delivered or mailed according to the instructions provided
by the Department; through the electronic pay portal located at
www.pay.gov or any successor system; or by any additional payment
method deemed acceptable by the Department.
PART 580--CIVIL MONEY PENALTIES--PROCEDURES FOR ASSESSING AND
CONTESTING PENALTIES
0
5. The authority citation for part 580 continues to read as follows:
Authority: 29 U.S.C. 9a, 203, 209, 211, 212, 213(c), 216; Reorg.
Plan No. 6 of 1950, 64 Stat. 1263, 5 U.S.C. App; secs. 25, 29, 88
Stat. 72, 76; Secretary's Order 01-2014 (Dec. 19,
[[Page 59931]]
2014), 79 FR 77527 (Dec. 24, 2014); 5 U.S.C. 500, 503, 551, 559; 103
Stat. 938.
0
6. Revise Sec. 580.18(a) to read as follows:
Sec. 580.18 Collection and recovery of penalty.
(a) When the determination of the amount of any civil money penalty
provided for in this part becomes final under Sec. 580.5 in accordance
with the administrative assessment thereof, or pursuant to the decision
and order of an Administrative Law Judge in an administrative
proceeding as provided in Sec. 580.12, or the decision of the Board
pursuant to Sec. 580.16, the amount of the penalty as thus determined
is immediately due and payable to the U.S. Department of Labor. The
person assessed such penalty shall remit promptly the amount thereof,
as finally determined, to the Secretary. Payment shall be made by
certified check or money order made payable and delivered or mailed
according to the instructions provided by the Department; through the
electronic pay portal located at www.pay.gov or any successor system;
or by any additional payment method deemed acceptable by the
Department.
* * * * *
PART 801--APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF
1988
0
7. The authority citation for part 801 continues to read as follows:
Authority: Pub. L. 100-347, 102 Stat. 646, 29 U.S.C. 2001-2009;
28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment
Act of 1990); Pub. L. 114-74 at Sec. 701, 129 Stat 584.
0
8. Revise Sec. 801.43 to read as follows:
Sec. 801.43 Civil money penalties--payment and collection.
Where the assessment is directed in a final order of the
Department, the amount of the penalty is immediately due and payable to
the United States Department of Labor.
The person assessed such penalty shall remit promptly the amount
thereof, as finally determined, to the Secretary. Payment shall be made
by certified check or money order made payable and delivered or mailed
according to the instructions provided by the Department; through the
electronic pay portal located at www.pay.gov or any successor system;
or by any additional payment method deemed acceptable by the
Department.
[FR Doc. 2019-23849 Filed 11-6-19; 8:45 am]
BILLING CODE 4510-27-P
