Civil Monetary Penalty Inflation Adjustment-Alcoholic Beverage Labeling Act, 3351-3352 [2024-00887]
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Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations
List of Subjects
■
16 CFR Part 1112
§ 1250.2
Administrative practice and
procedure, Audit, Consumer protection,
Incorporation by reference, Reporting
and recordkeeping requirements, Third
party conformity assessment body.
(a) Each toy must comply with all
applicable provisions of ASTM F963–23
Standard Consumer Safety
Specification for Toy Safety, approved
on August 1, 2023. The Director of the
Federal Register approves this
incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. This incorporation by
reference (IBR) material is available for
inspection at the U.S. Consumer
Product Safety Commission and at the
National Archives and Records
Administration (NARA). Contact the
U.S. Consumer Product Safety
Commission at: Office of the Secretary,
U.S. Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, MD 20814, telephone (301)
504–7479, email cpsc-os@cpsc.gov. For
information on the availability of this
material at NARA, email fr.inspection@
nara.gov, or go to: www.archives.gov/
federal-register/cfr/ibr-locations. A readonly copy of the standard is available
for viewing on the ASTM website at
https://www.astm.org/
READINGLIBRARY/. You may obtain a
copy from ASTM International, 100 Barr
Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428–2959;
telephone (610) 832–9500;
www.astm.org.
(b) Pursuant to section 106(a) of the
Consumer Product Safety Improvement
Act of 2008, section 4.2 and Annex 5 or
any provision of ASTM F963 that
restates or incorporates an existing
mandatory standard or ban promulgated
by the Commission or by statute or any
provision that restates or incorporates a
regulation promulgated by the Food and
Drug Administration or any statute
administered by the Food and Drug
Administration are not part of the
mandatory standard incorporated in
paragraph (a) of this section.
16 CFR Part 1250
Consumer protection, Imports,
Incorporation by reference, Imports,
Infants and children, Law enforcement,
Safety, Toys.
For the reasons discussed in the
preamble, the Commission amends 16
CFR chapter II as follows:
PART 1112—REQUIREMENTS
PERTAINING TO THIRD PARTY
CONFORMITY ASSESSMENT BODIES
1. Revise the authority citation for part
1112 to read as follows:
■
Authority: 15 U.S.C. 2063.
2. Amend § 1112.15 by revising
paragraphs (b)(32) introductory text,
(b)(32)(ii) introductory text,
(b)(32)(ii)(C), and (c)(1)(ii) to read as
follows:
■
§ 1112.15 When can a third-party
conformity assessment body apply for
CPSC acceptance for a particular CPSC rule
or test method?
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*
*
*
*
*
(b) * * *
(32) 16 CFR part 1250, safety standard
for toys. CPSC only requires certain
provisions of ASTM F963–23 to be
subject to third party testing; therefore,
CPSC only accepts the accreditation of
third-party conformity assessment
bodies for testing under the following
toy safety standards:
*
*
*
*
*
(ii) ASTM F963–23:
*
*
*
*
*
(C) Section 4.3.6, Cleanliness of
Liquids, Pastes, Putties, Gels, and
Powders, and Items of Avian Feather
Origin (except for cosmetics and tests on
formulations used to prevent microbial
degradation).
*
*
*
*
*
(c) * * *
(1) * * *
(ii) ASTM F963–23, ‘‘Standard
Consumer Safety Specification for Toy
Safety,’’ August 1, 2023.
*
*
*
*
*
4. Revise § 1250.2 to read as follows:
Requirements for toy safety.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2024–00741 Filed 1–17–24; 8:45 am]
BILLING CODE 6355–01–P
PART 1250—SAFETY STANDARD
MANDATING ASTM F9623 FOR TOYS
3. Revise the authority citation for part
1250 to read as follows:
■
Authority: 15 U.S.C. 2056b.
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16:09 Jan 17, 2024
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3351
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 16
[Docket No. TTB–2024–0001; Notice No.
231]
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 $24,759, with each day
constituting a separate offense. This
document announces that this
maximum penalty is being increased to
$25,561.
DATES: The new maximum civil penalty
for violations of the ABLA takes effect
on January 18, 2024, 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.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
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18JAR1
3352
Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations
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.
khammond on DSKJM1Z7X2PROD with RULES
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). In addition,
the Secretary of the Treasury has
delegated certain administrative and
enforcement authorities to TTB through
Treasury Order 120–01.
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
VerDate Sep<11>2014
18:04 Jan 17, 2024
Jkt 262001
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.
The CPI–U in October 2022 was
298.012, and the CPI–U in October 2023
was 307.671. The rate of inflation
between October 2022 and October 2023
was therefore 3.241 percent. When
applied to the current ABLA penalty of
$24,759, this rate of inflation yields a
raw (unrounded) inflation adjustment of
$802.4392. Rounded to the nearest
dollar, the inflation adjustment is $802,
meaning that the new maximum civil
penalty for violations of the ABLA will
be $25,561.
The new maximum civil penalty will
apply to all penalties that are assessed
after January 18, 2024. TTB has also
updated its web page at https://
www.ttb.gov/laws-regulations-andpublic-guidance/labeling-act-penalty to
reflect the adjusted penalty.
TTB Regulations
Dated: January 12, 2024.
Amy R. Greenberg,
Deputy Assistant Administrator,
Headquarters Operations.
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/laws-regulations-andpublic-guidance/labeling-act-penalty.
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.
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.
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[FR Doc. 2024–00887 Filed 1–17–24; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF THE TREASURY
Fiscal Service
31 CFR Part 380
Collateral Acceptability and Valuation
Fiscal Service, Department of
the Treasury.
ACTION: Final rule.
AGENCY:
The Department of the
Treasury is amending regulations that
govern the acceptability and valuation
of collateral pledged to secure deposits
of public monies and other financial
interests of the government under
Treasury’s Fiscal Service collateral
programs. This final rule is a nonsubstantive, technical amendment that
updates a website and removes outdated
contact information referenced in those
regulations.
DATES: Effective January 18, 2024.
ADDRESSES: This final rule is available at
https://regulations.gov.
FOR FURTHER INFORMATION CONTACT: Lori
Santamorena (Executive Director),
Kevin Hawkins (Associate Director), or
John Garrison (Associate Director),
Government Securities Regulations
Staff, Bureau of the Fiscal Service,
Department of the Treasury, at (202)
504–3632 or email us at govsecreg@
fiscal.treasury.gov.
SUMMARY:
The
Department of the Treasury (Treasury) is
amending 31 CFR part 380, which
governs the determination of the
SUPPLEMENTARY INFORMATION:
E:\FR\FM\18JAR1.SGM
18JAR1
]]>Agencies
[Federal Register Volume 89, Number 12 (Thursday, January 18, 2024)]
[Rules and Regulations]
[Pages 3351-3352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00887]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 16
[Docket No. TTB-2024-0001; Notice No. 231]
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 $24,759, with each day
constituting a separate offense. This document announces that this
maximum penalty is being increased to $25,561.
DATES: The new maximum civil penalty for violations of the ABLA takes
effect on January 18, 2024, 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.
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
[[Page 3352]]
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). In addition, the Secretary of the Treasury has delegated
certain administrative and enforcement authorities to TTB through
Treasury Order 120-01.
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/laws-regulations-and-public-guidance/labeling-act-penalty.
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.
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 2022 was 298.012, and the CPI-U in October
2023 was 307.671. The rate of inflation between October 2022 and
October 2023 was therefore 3.241 percent. When applied to the current
ABLA penalty of $24,759, this rate of inflation yields a raw
(unrounded) inflation adjustment of $802.4392. Rounded to the nearest
dollar, the inflation adjustment is $802, meaning that the new maximum
civil penalty for violations of the ABLA will be $25,561.
The new maximum civil penalty will apply to all penalties that are
assessed after January 18, 2024. TTB has also updated its web page at
https://www.ttb.gov/laws-regulations-and-public-guidance/labeling-act-penalty to reflect the adjusted penalty.
Dated: January 12, 2024.
Amy R. Greenberg,
Deputy Assistant Administrator, Headquarters Operations.
[FR Doc. 2024-00887 Filed 1-17-24; 8:45 am]
BILLING CODE 4810-31-P
