Civil Monetary Penalty Inflation Adjustment-Alcoholic Beverage Labeling Act, 22867-22868 [2021-08863]

Download as PDF 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