Civil Monetary Penalty Inflation Adjustment-Alcoholic Beverage Labeling Act, 8947-8948 [2022-03410]

Download as PDF Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Rules and Regulations * * * * * Dated: January 27, 2022. For the Nuclear Regulatory Commission. Cherish K. Johnson, Chief Financial Officer. [FR Doc. 2022–03146 Filed 2–16–22; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau 27 CFR Part 16 [Docket No. TTB–2022–0001; Notice No. 208] Civil Monetary Penalty Inflation Adjustment—Alcoholic Beverage Labeling Act Alcohol and Tobacco Tax and Trade Bureau, Treasury. ACTION: Notification of civil monetary penalty adjustment. AGENCY: This document informs the public that the maximum penalty for violations of the Alcoholic Beverage Labeling Act (ABLA) is being adjusted in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. Prior to the publication of this document, any person who violated the provisions of the ABLA was subject to a civil penalty of not more than $21,633, with each day constituting a separate offense. This document announces that this maximum penalty is being increased to $22,979. DATES: The new maximum civil penalty for violations of the ABLA takes effect on February 17, 2022 and applies to penalties that are assessed after that date. SUMMARY: FOR FURTHER INFORMATION CONTACT: Vonzella C. Johnson, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005; (202) 508–0413. Background lotter on DSK11XQN23PROD with RULES1 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 VerDate Sep<11>2014 15:53 Feb 16, 2022 Jkt 256001 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 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 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 8947 alcoholic beverages manufactured, imported, or bottled for sale or distribution in the United States on or after November 18, 1989. The statement reads as follows: GOVERNMENT WARNING: (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems. Section 204 of the ABLA also specifies that the Secretary of the Treasury shall have the power to ensure the enforcement of the provisions of the ABLA and issue regulations to carry them out. In addition, section 207 of the ABLA, codified in 27 U.S.C. 218, provides that any person who violates the provisions of the ABLA is subject to a civil penalty of not more than $10,000, with each day constituting a separate offense. Most of the civil monetary penalties administered by TTB are imposed by the Internal Revenue Code of 1986, and thus are not subject to the inflation adjustment mandated by the Inflation Adjustment Act. The only civil monetary penalty enforced by TTB that is subject to the inflation adjustment is the penalty imposed by the ABLA at 27 U.S.C. 218. TTB Regulations The TTB regulations implementing the ABLA are found in 27 CFR part 16, and the regulations implementing the Inflation Adjustment Act with respect to the ABLA penalty are found in 27 CFR 16.33. This section indicates that, 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/regulation_guidance/ ablapenalty.html. Each day constitutes a separate offense. To adjust the penalty, § 16.33(b) indicates that TTB will provide notice in the Federal Register, and at the website mentioned above, of cost-ofliving adjustments to the civil penalty for violations of 27 CFR part 16. Penalty Adjustment In this document, TTB is publishing its yearly adjustment to the maximum ABLA penalty, as required by the amended Inflation Adjustment Act. E:\FR\FM\17FER1.SGM 17FER1 8948 Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Rules and Regulations 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 2020 was 260.388, and the CPI–U in October 2021 was 276.589. The rate of inflation between October 2020 and October 2021 was therefore 6.222 percent. When applied to the current ABLA penalty of $21,633, this rate of inflation yields a raw (unrounded) inflation adjustment of $1,346.00526. Rounded to the nearest dollar, the inflation adjustment is $1,346, meaning that the new maximum civil penalty for violations of the ABLA will be $22,979. The new maximum civil penalty will apply to all penalties that are assessed after February 17, 2022. TTB also will update its web page at https:// www.ttb.gov/regulation_guidance/ ablapenalty.html to reflect the adjusted penalty. Dated: February 10, 2022. Amy R. Greenberg, Director, Regulations and Rulings Division. [FR Doc. 2022–03410 Filed 2–16–22; 8:45 am] BILLING CODE 4810–31–P email at nhuls@oshrc.gov, or by mail at: 1120 20th Street NW, Ninth Floor, Washington, DC 20036–3457. SUPPLEMENTARY INFORMATION: OSHRC published revisions to its rules of procedure in the Federal Register on April 10, 2019 (84 FR 14554), and published corrections on August 30, 2019 (84 FR 45654), October 4, 2019 (84 FR 53052), and October 15, 2020 (85 FR 65220). This document makes further technical amendments to the final rule. List of Subjects in 29 CFR Part 2200 Administrative practice and procedure, Hearing and appeal procedures. Accordingly, 29 CFR part 2200 is amended by making the following technical amendments: PART 2200—RULES OF PROCEDURE 1. The authority citation for part 2200 continues to read as follows: ■ Authority: 29 U.S.C. 661(g), unless otherwise noted. Section 2200.96 is also issued under 28 U.S.C. 2112(a). ■ 2. Revise § 2200.3 to read as follows: § 2200.3 29 CFR Part 2200 Rules of Procedure; Technical Amendments Occupational Safety and Health Review Commission. ACTION: Technical amendments. AGENCY: This document makes technical amendments to the final rule published by the Occupational Safety and Health Review Commission in the Federal Register on April 10, 2019, and corrected on August 30, 2019, October 4, 2019, and October 15, 2020. That rule revised the procedural rules governing practice before the Occupational Safety and Health Review Commission (OSHRC). lotter on DSK11XQN23PROD with RULES1 SUMMARY: DATES: Effective on February 17, 2022. FOR FURTHER INFORMATION CONTACT: Natalie Huls-Simpson, AttorneyAdvisor, Office of the General Counsel, by telephone at (202) 606–5410, by VerDate Sep<11>2014 15:53 Feb 16, 2022 Jkt 256001 Computing time. (a) * * * (6) * * * (i) The day set aside by statute for observing New Year’s Day, Martin Luther King Jr.’s Birthday, Washington’s Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, or Christmas Day; and, * * * * * (7) Computation examples. (i) If a judge orders that a document is due in 40 days, count every calendar day starting the day after that order (day 1) until reaching day 40 (due date). If the receiving Commission office is closed on day 40 (such as on a Saturday, Sunday, or Federal holiday), the document would be due the next day the office is open. In other words, if day 40 falls on a Saturday, and the following Monday is a Federal holiday, the document would be due on Tuesday, the day after the holiday. (ii) If a judge orders that a document is due 14 days before a hearing, count PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 § 2200.6 Record address. (a) Every pleading or document filed by any party or intervenor shall contain the name, current address, telephone number, and email address of the party or intervenor’s representative or, if there is no representative, the party or intervenor’s own name, current address, telephone number, and email address. * * * * * * * * ■ 5. Amend § 2200.7 by revising paragraph (h) to read as follows: § 2200.7 Words importing the singular number may extend and be applied to the plural and vice versa. ■ 3. Amend § 2200.4 by revising paragraph (a)(6)(i) and adding paragraph (a)(7) to read as follows: § 2200.4 OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION Use of number. backwards starting the day before the hearing (day 1) until reaching day 14. If the receiving Commission office is closed on day 14 (such as on a Saturday, Sunday, or Federal holiday), the document would be due on the last day the office is open before the Saturday, Sunday, or Federal holiday. In other words, if day 14 falls on a Sunday, and the Friday before is a Federal holiday, the document would be due on Thursday, the day before the holiday. * * * * * ■ 4. Amend § 2200.6 by revising the first sentence of paragraph (a) to read as follows: Service, notice, and posting. * * * * * (h) Special service requirements; authorized employee representatives. The authorized employee representative, if any, shall be served by the employer with the notice set forth in paragraph (g) of this section and with a copy of the notice of contest or petition for modification of the abatement period. * * * * * ■ 6. Amend § 2200.8 by: ■ a. Revising the last sentence of paragraph (c)(1); ■ b. Adding a sentence to the end of paragraph (c)(2); and ■ c. Revising paragraph (d)(1) and the first sentence of paragraph (d)(5). The revisions and addition read as follows: § 2200.8 Filing. * * * * * (c) * * * (1) * * * Documents may not be filed with the Commission or the Judge via email, unless allowed under paragraph (d)(1) of this section. (2) * * * Documents may not be filed with the Commission or the Judge via email, unless allowed under paragraph (d)(1) of this section. * * * * * (d) * * * (1) How to file. Documents may be filed by postage-prepaid first class or E:\FR\FM\17FER1.SGM 17FER1

Agencies

[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Rules and Regulations]
[Pages 8947-8948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03410]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 16

[Docket No. TTB-2022-0001; Notice No. 208]


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 $21,633, with each day 
constituting a separate offense. This document announces that this 
maximum penalty is being increased to $22,979.

DATES: The new maximum civil penalty for violations of the ABLA takes 
effect on February 17, 2022 and applies to penalties that are assessed 
after that date.

FOR FURTHER INFORMATION CONTACT: Vonzella C. Johnson, Regulations and 
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G 
Street NW, Box 12, Washington, DC 20005; (202) 508-0413.

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 by the inflation adjustment described 
in section 5 of the Inflation Adjustment Act. The Act also provides 
that any increase in a civil monetary penalty shall apply only to civil 
monetary penalties, including those whose associated violation predated 
such an increase, which are assessed after the date the increase takes 
effect.
    The Inflation Adjustment Act, as amended, provides that the 
inflation adjustment does not apply to civil monetary penalties under 
the Internal Revenue Code of 1986 or the Tariff Act of 1930.

Alcoholic Beverage Labeling Act

    The Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the 
Federal Alcohol Administration Act (FAA Act) pursuant to section 
1111(d) of the Homeland Security Act of 2002, codified at 6 U.S.C. 
531(d). The Secretary has delegated various authorities through 
Treasury Department Order 120-01, dated December 10, 2013 (superseding 
Treasury Department Order 120-01, dated January 24, 2003), to the TTB 
Administrator to perform the functions and duties in the administration 
and enforcement of this law.
    The FAA Act contains the Alcoholic Beverage Labeling Act (ABLA) of 
1988, Public Law 100-690, 27 U.S.C. 213-219a, which was enacted on 
November 18, 1988. Section 204 of the ABLA, codified in 27 U.S.C. 215, 
requires that a health warning statement appear on the labels of all 
containers of alcoholic beverages manufactured, imported, or bottled 
for sale or distribution in the United States, as well as on containers 
of alcoholic beverages that are manufactured, imported, bottled, or 
labeled for sale, distribution, or shipment to members or units of the 
U.S. Armed Forces, including those located outside the United States.
    The health warning statement requirement applies to containers of 
alcoholic beverages manufactured, imported, or bottled for sale or 
distribution in the United States on or after November 18, 1989. The 
statement reads as follows:

    GOVERNMENT WARNING: (1) According to the Surgeon General, women 
should not drink alcoholic beverages during pregnancy because of the 
risk of birth defects. (2) Consumption of alcoholic beverages 
impairs your ability to drive a car or operate machinery, and may 
cause health problems.

    Section 204 of the ABLA also specifies that the Secretary of the 
Treasury shall have the power to ensure the enforcement of the 
provisions of the ABLA and issue regulations to carry them out. In 
addition, section 207 of the ABLA, codified in 27 U.S.C. 218, provides 
that any person who violates the provisions of the ABLA is subject to a 
civil penalty of not more than $10,000, with each day constituting a 
separate offense.
    Most of the civil monetary penalties administered by TTB are 
imposed by the Internal Revenue Code of 1986, and thus are not subject 
to the inflation adjustment mandated by the Inflation Adjustment Act. 
The only civil monetary penalty enforced by TTB that is subject to the 
inflation adjustment is the penalty imposed by the ABLA at 27 U.S.C. 
218.

TTB Regulations

    The TTB regulations implementing the ABLA are found in 27 CFR part 
16, and the regulations implementing the Inflation Adjustment Act with 
respect to the ABLA penalty are found in 27 CFR 16.33. This section 
indicates that, 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/regulation_guidance/ablapenalty.html. Each day constitutes 
a separate offense.
    To adjust the penalty, Sec.  16.33(b) indicates that TTB will 
provide notice in the Federal Register, and at the website mentioned 
above, of cost-of-living adjustments to the civil penalty for 
violations of 27 CFR part 16.

Penalty Adjustment

    In this document, TTB is publishing its yearly adjustment to the 
maximum ABLA penalty, as required by the amended Inflation Adjustment 
Act.

[[Page 8948]]

    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 2020 was 260.388, and the CPI-U in October 
2021 was 276.589. The rate of inflation between October 2020 and 
October 2021 was therefore 6.222 percent. When applied to the current 
ABLA penalty of $21,633, this rate of inflation yields a raw 
(unrounded) inflation adjustment of $1,346.00526. Rounded to the 
nearest dollar, the inflation adjustment is $1,346, meaning that the 
new maximum civil penalty for violations of the ABLA will be $22,979.
    The new maximum civil penalty will apply to all penalties that are 
assessed after February 17, 2022. TTB also will update its web page at 
https://www.ttb.gov/regulation_guidance/ablapenalty.html to reflect the 
adjusted penalty.

    Dated: February 10, 2022.
Amy R. Greenberg,
Director, Regulations and Rulings Division.
[FR Doc. 2022-03410 Filed 2-16-22; 8:45 am]
BILLING CODE 4810-31-P

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