Civil Monetary Penalty Inflation Adjustment-Alcoholic Beverage Labeling Act, 22867-22868 [2021-08863]
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Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Rules and Regulations
Concerning Federal Regulation’’ which
among other things, revoked Executive
Order 13891 and directed agencies to
take steps promptly to rescind any
orders, rules, regulations, guidelines, or
policies, or portions thereof,
implementing or enforcing the revoked
Executive Orders (86 FR 7049).
In order to comply with Executive
Order 13992, the Railroad Retirement
Board has determined that this rule is
suitable for final rulemaking. The
Railroad Retirement Board also finds
good cause to provide for an immediate
effective date for this rule, because it
imposes no obligations on parties inside
or outside the federal government and
therefore no advance notice is required
to enable employees or other private
parties to come into compliance.
List of Subjects in 20 CFR Part 200
Railroad employees, Railroad
retirement, General administration.
For the reasons set out in the
preamble and under the authority of 45
U.S.C. 231f(b)(5), the Railroad
Retirement Board amends title 20,
chapter II, subchapter A, part 200, of the
Code of Federal Regulations as follows:
1. The authority citation for part 200
continues to read as follows:
■
Authority: 45 U.S.C. 231f(b)(5) and 45
U.S.C. 362; § 200.4 also issued under 5 U.S.C.
552; § 200.5 also issued under 5 U.S.C. 552a;
§ 200.6 also issued under 5 U.S.C. 552b; and
§ 200.7 also issued under 31 U.S.C. 3717.
■
[Removed]
2. Remove § 200.11.
By Authority of the Board.
Dated: April 26, 2021.
Stephanie Hillyard,
Secretary to the Board.
[FR Doc. 2021–09036 Filed 4–29–21; 8:45 am]
BILLING CODE 7905–01–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 16
jbell on DSKJLSW7X2PROD with RULES
[Docket No. TTB–2021–0002; Notice No.
201]
Civil Monetary Penalty Inflation
Adjustment—Alcoholic Beverage
Labeling Act
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
AGENCY:
VerDate Sep<11>2014
16:13 Apr 29, 2021
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 $21,039, with each day
constituting a separate offense. This
document announces that this
maximum penalty is being increased to
$21,663.
DATES: The new maximum civil penalty
for violations of the ABLA takes effect
on April 30, 2021 and applies to
penalties that are assessed after that
date.
FOR FURTHER INFORMATION CONTACT: Kate
M. Bresnahan, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW, Box
12, Washington, DC 20005; (202) 453–
1039, ext. 151.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
PART 200—GENERAL
ADMINISTRATION
§ 200.11
Notification of civil monetary
penalty adjustment.
ACTION:
Jkt 253001
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
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
22867
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.
E:\FR\FM\30APR1.SGM
30APR1
22868
Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Rules and Regulations
Most of the civil monetary penalties
TTB administers 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 TTB enforces that is
subject to the inflation adjustment is the
penalty imposed by the ABLA at 27
U.S.C. 218.
jbell on DSKJLSW7X2PROD with RULES
TTB Regulations
The TTB regulations implementing
the ABLA are found in 27 CFR part 16,
and the regulations implementing the
Inflation Adjustment Act with respect to
the ABLA penalty are found in 27 CFR
16.33. This section provides that, in
accordance with the ABLA, any person
who violates the provisions of this part
is subject to a civil penalty of not more
than $10,000. Further, 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 adjustments.
Accordingly, any person who violates
the provisions of 27 CFR part 16 is
subject to a civil penalty of not more
than the amount listed at https://
www.ttb.gov/laws-regulations-andpublic-guidance/labeling-act-penalty.
Each day constitutes a separate offense.
To adjust the penalty, § 16.33(b) states
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 adjusting the
maximum ABLA penalty, as required by
the amended Inflation Adjustment Act.
TTB last published a yearly adjustment
on April 9, 2019 (Notice No. 180, 84 FR
14614). TTB did not publish an
adjustment in 2020. In order to satisfy
the annual adjustment requirement,
TTB is making the 2021 adjustment in
this document. Since adjustments apply
to penalties assessed after the effective
date of the adjustment, TTB will not
assess any penalties based on the
amount that would have been the 2020
adjustment, but is including the
calculation below to illustrate how it
arrived at its 2021 adjustment.
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 is
determined by increasing the maximum
penalty by the cost-of-living adjustment.
The cost-of-living adjustment means the
percentage increase (if any) between the
Consumer Price Index for all-urban
consumers (CPI–U) for the October
VerDate Sep<11>2014
16:13 Apr 29, 2021
Jkt 253001
preceding the date of the adjustment
and the prior year’s October CPI–U.
The CPI–U in October 2018 was
252.885, and the CPI–U in October 2019
was 257.346. The rate of inflation
between October 2018 and October 2019
was therefore 1.764 percent. When
applied to the current ABLA penalty of
$21,039, this rate of inflation yields a
raw (unrounded) inflation adjustment of
$371.12796. Rounded to the nearest
dollar, this inflation adjustment is $371,
meaning that the 2020 maximum civil
penalty for violations of the ABLA
would have been $21,410.
The CPI–U in October 2019 was
257.346, and the CPI–U in October 2020
was 260.388. The rate of inflation
between October 2019 and October 2020
was therefore 1.182 percent. When
applied to the 2020 ABLA penalty of
$21,410 calculated in the previous
paragraph, this rate of inflation yields a
raw (unrounded) inflation adjustment of
$253.0662. Rounded to the nearest
dollar, the inflation adjustment is $253,
meaning that the new maximum civil
penalty for violations of the ABLA will
be $21,663.
The new maximum civil penalty of
$21,663 will apply to all penalties that
are assessed after April 30, 2021. TTB
will also update its web page at https://
www.ttb.gov/laws-regulations-andpublic-guidance/labeling-act-penalty to
reflect the adjusted penalty.
Dated: April 23, 2021.
Amy R. Greenberg,
Director, Regulations and Rulings Division.
[FR Doc. 2021–08863 Filed 4–29–21; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0285]
RIN 1625–AA87
Security Zone, Christina River,
Newport, DE
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a security zone for the
protection of persons under the
protection of the United States Secret
Service (USSS) as they transit by vehicle
on the route 141 bridge over the
Christina River near Newport, Delaware.
The security zone will be enforced
SUMMARY:
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
intermittently and only during times
necessary to protect persons under the
protection of the USSS as they transit
over the bridge and will restrict vessel
traffic while the zone is being enforced.
Only vessels or people specifically
authorized by the Captain of the Port,
Delaware Bay, or designated
representative, may enter or remain in
the regulated area.
DATES: This rule is effective without
actual notice from April 30, 2021
through May 17, 2021. For the purposes
of enforcement, actual notice will be
used from 2 p.m. on April 23, 2021 until
April 30, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0285 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer Edmund Ofalt,
Sector Delaware Bay, Waterways
Management Division, U.S. Coast
Guard; telephone 215–271–4814, email
Edmund.J.Ofalt@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
Coast Guard was not notified by the
United States Secret Service of the visit
with sufficient time to publish a NPRM
prior to the arrival of persons under the
protection of the USSS. Delay in
promulgating this rule would be
impracticable because a security zone is
required to be in place by April 23,
2021, to protect these persons under the
protection of the USSS in the vicinity of
E:\FR\FM\30APR1.SGM
30APR1
]]>Agencies
[Federal Register Volume 86, Number 82 (Friday, April 30, 2021)]
[Rules and Regulations]
[Pages 22867-22868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08863]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 16
[Docket No. TTB-2021-0002; Notice No. 201]
Civil Monetary Penalty Inflation Adjustment--Alcoholic Beverage
Labeling Act
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notification of civil monetary penalty adjustment.
-----------------------------------------------------------------------
SUMMARY: This document informs the public that the maximum penalty for
violations of the Alcoholic Beverage Labeling Act (ABLA) is being
adjusted in accordance with the Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended. Prior to the publication of this
document, any person who violated the provisions of the ABLA was
subject to a civil penalty of not more than $21,039, with each day
constituting a separate offense. This document announces that this
maximum penalty is being increased to $21,663.
DATES: The new maximum civil penalty for violations of the ABLA takes
effect on April 30, 2021 and applies to penalties that are assessed
after that date.
FOR FURTHER INFORMATION CONTACT: Kate M. Bresnahan, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G
Street NW, Box 12, Washington, DC 20005; (202) 453-1039, ext. 151.
SUPPLEMENTARY INFORMATION:
Background
Statutory Authority for Federal Civil Monetary Penalty Inflation
Adjustments
The Federal Civil Penalties Inflation Adjustment Act of 1990 (the
Inflation Adjustment Act), Public Law 101-410, 104 Stat. 890, 28 U.S.C.
2461 note, 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.
[[Page 22868]]
Most of the civil monetary penalties TTB administers 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 TTB enforces 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
provides that, in accordance with the ABLA, any person who violates the
provisions of this part is subject to a civil penalty of not more than
$10,000. Further, 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 adjustments. Accordingly,
any person who violates the provisions of 27 CFR part 16 is subject to
a civil penalty of not more than the amount listed at https://www.ttb.gov/laws-regulations-and-public-guidance/labeling-act-penalty.
Each day constitutes a separate offense.
To adjust the penalty, Sec. 16.33(b) states 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 adjusting the maximum ABLA penalty, as
required by the amended Inflation Adjustment Act. TTB last published a
yearly adjustment on April 9, 2019 (Notice No. 180, 84 FR 14614). TTB
did not publish an adjustment in 2020. In order to satisfy the annual
adjustment requirement, TTB is making the 2021 adjustment in this
document. Since adjustments apply to penalties assessed after the
effective date of the adjustment, TTB will not assess any penalties
based on the amount that would have been the 2020 adjustment, but is
including the calculation below to illustrate how it arrived at its
2021 adjustment.
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 is determined by increasing the
maximum penalty by the cost-of-living adjustment. The cost-of-living
adjustment means the percentage increase (if any) between the Consumer
Price Index for all-urban consumers (CPI-U) for the October preceding
the date of the adjustment and the prior year's October CPI-U.
The CPI-U in October 2018 was 252.885, and the CPI-U in October
2019 was 257.346. The rate of inflation between October 2018 and
October 2019 was therefore 1.764 percent. When applied to the current
ABLA penalty of $21,039, this rate of inflation yields a raw
(unrounded) inflation adjustment of $371.12796. Rounded to the nearest
dollar, this inflation adjustment is $371, meaning that the 2020
maximum civil penalty for violations of the ABLA would have been
$21,410.
The CPI-U in October 2019 was 257.346, and the CPI-U in October
2020 was 260.388. The rate of inflation between October 2019 and
October 2020 was therefore 1.182 percent. When applied to the 2020 ABLA
penalty of $21,410 calculated in the previous paragraph, this rate of
inflation yields a raw (unrounded) inflation adjustment of $253.0662.
Rounded to the nearest dollar, the inflation adjustment is $253,
meaning that the new maximum civil penalty for violations of the ABLA
will be $21,663.
The new maximum civil penalty of $21,663 will apply to all
penalties that are assessed after April 30, 2021. TTB will also update
its web page at https://www.ttb.gov/laws-regulations-and-public-guidance/labeling-act-penalty to reflect the adjusted penalty.
Dated: April 23, 2021.
Amy R. Greenberg,
Director, Regulations and Rulings Division.
[FR Doc. 2021-08863 Filed 4-29-21; 8:45 am]
BILLING CODE 4810-31-P
