Collateral Acceptability and Valuation, 3352-3353 [2024-00927]
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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.
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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
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18:04 Jan 17, 2024
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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:
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Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations
acceptable types of collateral and their
assigned values that may be pledged to
secure deposits of public monies and
other financial interests of the
government under Treasury’s Fiscal
Service collateral programs.
Treasury’s Fiscal Service collateral
programs are described in, and governed
by, the regulations at 31 CFR part 202
(Depositaries and Financial Agents of
the Federal Government), 31 CFR part
203 (Payment of Federal Taxes and the
Treasury Tax and Loan Program), and
31 CFR part 225 (Acceptance of Bonds
Secured by Government Obligations in
Lieu of Bonds with Sureties). Treasury’s
Bureau of the Fiscal Service (Fiscal
Service) administers 31 CFR part 380,
which governs the acceptability and
valuation of the collateral in these
programs. The Federal Reserve System,
acting as the fiscal agent for Treasury,
monitors collateral pledged to these
programs.
This rule amendment revises 31 CFR
part 380 to reflect that information
about the acceptability and valuation of
collateral for Treasury’s 31 CFR part 202
and 31 CFR part 225 programs has been
moved and can now be accessed on the
Fiscal Service’s website located at
fiscal.treasury.gov instead of its
previous address
www.treasurydirect.gov. This
amendment also removes outdated
versions of the bureau’s postal mailing
address and the Government Securities
Regulations Staff’s (GSRS’s) email
address.
khammond on DSKJM1Z7X2PROD with RULES
Procedural Requirements
Executive Orders 12866 and 14094.
This final rule is not a significant
regulatory action pursuant to Executive
Order 12866, as amended by Executive
Order 14094.
Administrative Procedure Act (APA).
This final rule is being issued without
prior notice and the opportunity for
public comment and without the 30-day
delayed effective date ordinarily
prescribed by the APA 5 U.S.C. 553(b)
and (d). Pursuant to section 553(b)(B) of
the APA, general notice and the
opportunity for public comment are not
required with respect to a rulemaking
when an ‘‘agency for good cause finds
(and incorporates the finding and a brief
statement of reasons therefor in the
rules issued) that notice and public
procedure thereon are impracticable,
unnecessary, or contrary to the public
interest. APA prior notice procedures
are unnecessary because this rule does
not promulgate any substantive changes
VerDate Sep<11>2014
16:09 Jan 17, 2024
Jkt 262001
to the regulations being amended.
Rather, this rule merely makes minor,
technical changes, specifically, updating
the website address and contact
information listed in the regulations,
that do not involve the exercise of
agency discretion and which are
unlikely to generate public comment.
Accordingly, Treasury finds that good
cause exists to dispense with notice and
comment procedures for this rule, and
to have the rule take immediate effect,
under 5 U.S.C. 553(b)(B) and 553(d)(3).
Regulatory Flexibility Act. Because a
notice of proposed rulemaking is not
required for this rule under 5 U.S.C. 553
or any other law, the Regulatory
Flexibility Act does not apply to this
rule.
Paperwork Reduction Act. We ask for
no collections of information in this
final rule. Therefore, the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq.,
does not apply.
List of Subjects in 31 CFR Part 380
Government securities, Securities,
Surety bonds.
Text of Amendments
For the reasons set forth in the
preamble, Fiscal Service amends 31 CFR
part 380 as follows:
PART 380—COLLATERAL
ACCEPTABILITY AND VALUATION
1. The authority citation for part 380
continues to read as follows:
■
Authority: 12 U.S.C. 90, 265–266, 332, 391,
1452(d), 1464(k), 1767, 1789a, 2013, 2122,
3101–3102; 26 U.S.C. 6302; 31 U.S.C. 321,
323, 3301–3304, 3336, 9301, 9303.
■
2. Revise § 380.2 to read as follows:
§ 380.2 What collateral may I pledge if I am
a depositary or a financial agent of the
Government under 31 CFR part 202, and
what value will you assign to it?
Unless we specify otherwise, we will
list the types and valuation of
acceptable collateral in Treasury
procedural instructions. We will also
post updated information and guidance
on Treasury’s Bureau of the Fiscal
Service website at fiscal.treasury.gov.
■ 3. Revise § 380.4 to read as follows:
§ 380.4 What collateral may I pledge
instead of a surety bond under 31 CFR part
225, and what value will you assign to it?
Unless we specify otherwise, we will
list the types and valuation of
acceptable collateral in Treasury
procedural instructions. We will also
post updated information and guidance
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3353
on Treasury’s Bureau of the Fiscal
Service website at fiscal.treasury.gov.
Subpart C [Removed]
4. Remove Subpart C, consisting of
§ 380.5.
■
David A. Lebryk,
Fiscal Assistant Secretary.
[FR Doc. 2024–00927 Filed 1–17–24; 8:45 am]
BILLING CODE 4810–AS–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 591
Publication of Venezuela Sanctions
Regulations Web General License 45A
Office of Foreign Assets
Control, Treasury.
AGENCY:
Publication of Web General
License.
ACTION:
The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing one
general license (GL) issued pursuant to
the Venezuela Sanctions Regulations:
GL 45A, which was previously made
available on OFAC’s website.
SUMMARY:
GL 45A was issued on November
16, 2023. See SUPPLEMENTARY
INFORMATION for additional relevant
dates.
DATES:
FOR FURTHER INFORMATION CONTACT:
OFAC: Assistant Director for Licensing,
202–622–2480; Assistant Director for
Regulatory Affairs, 202–622–4855; or
Assistant Director for Compliance, 202–
622–2490.
SUPPLEMENTARY INFORMATION:
Electronic Availability
This document and additional
information concerning OFAC are
available on OFAC’s website: https://
ofac.treasury.gov.
Background
On November 16, 2023, OFAC issued
GL 45A to authorize certain transactions
otherwise prohibited by the Venezuela
Sanctions Regulations (VSR), 31 CFR
part 591, or authorities incorporated
therein. The GL was made available on
OFAC’s website (https://
ofac.treasury.gov) when it was issued.
GL 45A supersedes GL 45, which was
issued on October 18, 2023. The text of
GL 45A is provided below.
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Agencies
[Federal Register Volume 89, Number 12 (Thursday, January 18, 2024)]
[Rules and Regulations]
[Pages 3352-3353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00927]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Fiscal Service
31 CFR Part 380
Collateral Acceptability and Valuation
AGENCY: Fiscal Service, Department of the Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: 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 non-substantive, 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 fiscal.treasury.gov">govsecreg@fiscal.treasury.gov.
SUPPLEMENTARY INFORMATION: The Department of the Treasury (Treasury) is
amending 31 CFR part 380, which governs the determination of the
[[Page 3353]]
acceptable types of collateral and their assigned values that may be
pledged to secure deposits of public monies and other financial
interests of the government under Treasury's Fiscal Service collateral
programs.
Treasury's Fiscal Service collateral programs are described in, and
governed by, the regulations at 31 CFR part 202 (Depositaries and
Financial Agents of the Federal Government), 31 CFR part 203 (Payment
of Federal Taxes and the Treasury Tax and Loan Program), and 31 CFR
part 225 (Acceptance of Bonds Secured by Government Obligations in Lieu
of Bonds with Sureties). Treasury's Bureau of the Fiscal Service
(Fiscal Service) administers 31 CFR part 380, which governs the
acceptability and valuation of the collateral in these programs. The
Federal Reserve System, acting as the fiscal agent for Treasury,
monitors collateral pledged to these programs.
This rule amendment revises 31 CFR part 380 to reflect that
information about the acceptability and valuation of collateral for
Treasury's 31 CFR part 202 and 31 CFR part 225 programs has been moved
and can now be accessed on the Fiscal Service's website located at
fiscal.treasury.gov instead of its previous address
www.treasurydirect.gov. This amendment also removes outdated versions
of the bureau's postal mailing address and the Government Securities
Regulations Staff's (GSRS's) email address.
Procedural Requirements
Executive Orders 12866 and 14094. This final rule is not a
significant regulatory action pursuant to Executive Order 12866, as
amended by Executive Order 14094.
Administrative Procedure Act (APA). This final rule is being issued
without prior notice and the opportunity for public comment and without
the 30-day delayed effective date ordinarily prescribed by the APA 5
U.S.C. 553(b) and (d). Pursuant to section 553(b)(B) of the APA,
general notice and the opportunity for public comment are not required
with respect to a rulemaking when an ``agency for good cause finds (and
incorporates the finding and a brief statement of reasons therefor in
the rules issued) that notice and public procedure thereon are
impracticable, unnecessary, or contrary to the public interest. APA
prior notice procedures are unnecessary because this rule does not
promulgate any substantive changes to the regulations being amended.
Rather, this rule merely makes minor, technical changes, specifically,
updating the website address and contact information listed in the
regulations, that do not involve the exercise of agency discretion and
which are unlikely to generate public comment. Accordingly, Treasury
finds that good cause exists to dispense with notice and comment
procedures for this rule, and to have the rule take immediate effect,
under 5 U.S.C. 553(b)(B) and 553(d)(3).
Regulatory Flexibility Act. Because a notice of proposed rulemaking
is not required for this rule under 5 U.S.C. 553 or any other law, the
Regulatory Flexibility Act does not apply to this rule.
Paperwork Reduction Act. We ask for no collections of information
in this final rule. Therefore, the Paperwork Reduction Act, 44 U.S.C.
3501 et seq., does not apply.
List of Subjects in 31 CFR Part 380
Government securities, Securities, Surety bonds.
Text of Amendments
For the reasons set forth in the preamble, Fiscal Service amends 31
CFR part 380 as follows:
PART 380--COLLATERAL ACCEPTABILITY AND VALUATION
0
1. The authority citation for part 380 continues to read as follows:
Authority: 12 U.S.C. 90, 265-266, 332, 391, 1452(d), 1464(k),
1767, 1789a, 2013, 2122, 3101-3102; 26 U.S.C. 6302; 31 U.S.C. 321,
323, 3301-3304, 3336, 9301, 9303.
0
2. Revise Sec. 380.2 to read as follows:
Sec. 380.2 What collateral may I pledge if I am a depositary or a
financial agent of the Government under 31 CFR part 202, and what value
will you assign to it?
Unless we specify otherwise, we will list the types and valuation
of acceptable collateral in Treasury procedural instructions. We will
also post updated information and guidance on Treasury's Bureau of the
Fiscal Service website at fiscal.treasury.gov.
0
3. Revise Sec. 380.4 to read as follows:
Sec. 380.4 What collateral may I pledge instead of a surety bond
under 31 CFR part 225, and what value will you assign to it?
Unless we specify otherwise, we will list the types and valuation
of acceptable collateral in Treasury procedural instructions. We will
also post updated information and guidance on Treasury's Bureau of the
Fiscal Service website at fiscal.treasury.gov.
Subpart C [Removed]
0
4. Remove Subpart C, consisting of Sec. 380.5.
David A. Lebryk,
Fiscal Assistant Secretary.
[FR Doc. 2024-00927 Filed 1-17-24; 8:45 am]
BILLING CODE 4810-AS-P