Federal Register /Vol. 83, No. 1/Tuesday, January 2, …

1 Federal Register / Vol. 83, No. 1 / tuesday , January 2, 2018 / rules and regulations 7. List of Subjects in 18 CFR Part 11 DEPARTMENT OF LABOR penalties notwithstanding Section 553. of the Administrative Procedure Act Dams, Electric power, Indians lands, Employment and Training (APA). Additionally, the Inflation Public lands, Reporting and Administration Adjustment Act provides a cost-of-living recordkeeping requirements. formula for adjustment of the civil By the Commission. 20 CFR Part 655 penalties. Accordingly, this final rule Issued: December 21, 2017. sets forth the Department's 2018 annual Office of Workers' Compensation adjustments for inflation to its civil Nathaniel J. Davis, Sr., Programs monetary penalties. Deputy Secretary. DATES: This final rule is effective on In consideration of the foregoing, the 20 CFR Parts 702, 725, 726 January 2, 2018 . As provided by the Federal Energy Regulatory Commission Inflation Adjustment Act, the increased amends part 11, chapter I, title 18, Code Office of the Secretary penalty levels apply to any penalties of Federal regulations , as follows: assessed after January 2, 2018 .

2 29 CFR Part 5. FOR FURTHER INFORMATION CONTACT: Erin PART 11 ANNUAL CHARGES UNDER FitzGerald, Senior Policy Advisor, PART I OF THE Federal POWER ACT 41 CFR Part 50 201. Department of Labor, Room S 2312, 200. Wage and Hour Division Constitution Avenue NW, Washington, 1. The authority citation for part 11 DC 20210; telephone: (202) 693 5076. continues to read as follows: (this is not a toll-free number). Copies 29 CFR Parts 500, 501, 503, 530, 570, Authority: 16 792 828c; 42 578, 579, 801, 825 of this final rule may be obtained in 7101 7352. alternative formats (large print, Braille, Occupational Safety and Health audio tape or disc), upon request, by 2. In , add paragraph (c)(1)(iv) to calling (202) 693 5959 (this is not a toll- read as follows: Administration free number). TTY/TDD callers may dial Use of government lands. 29 CFR Parts 1902, 1903 toll-free 1 877 889 5627 to obtain information or request materials in * * * * * alternative formats. Employee Benefits Security (c) * * * Administration SUPPLEMENTARY INFORMATION: (1) * * * Preamble Table of Contents (iv) For all geographic areas in Alaska 29 CFR Part 2560, 2575, 2590.

3 I. Background except for the Aleutian Islands Area, the II. Adjustment for 2018 . Commission will calculate a statewide Mine Safety and Health Administration III. Paperwork Reduction Act per-acre value based on the average per- IV. Administrative Procedure Act 30 CFR Part 100 V. Executive Order 12866: Regulatory acre land and building values published in the NASS Census for the Kenai RIN 1290 AA33 Planning and Review, Executive Order 13563: Improving Regulation and Peninsula Area and the Fairbanks Area. Department of Labor Federal Civil Regulatory Review, and Executive Order This statewide per-acre value will be 13771: Reducing regulations and reduced by the sum of the state-specific Penalties Inflation Adjustment Act Annual Adjustments for 2018 Controlling Regulatory Costs modifier and seven percent. The VI. Regulatory Flexibility Act and Small resulting adjusted statewide per-acre AGENCY: Employment and Training Business Regulatory Enforcement value will be applied to all projects Administration, Office of Workers' Fairness Act located in Alaska, except for projects Compensation Programs, Office of the VII.

4 Other Regulatory Considerations A. The Unfunded Mandates Reform Act of located in the Aleutian Island Area. Secretary, Wage and Hour Division, 1995. * * * * * Occupational Safety and Health B. Executive Order 13132: Federalism [FR Doc. 2017 28095 Filed 12 29 17; 8:45 am] Administration, Employee Benefits C. Executive Order 13175: Indian Tribal BILLING CODE 6717 01 P. Security Administration, and Mine Governments Safety and Health Administration, D. The Treasury and General Government Department of Labor. Appropriations Act of 1999: Assessment ACTION: Final rule. of Federal regulations and Policies on Families SUMMARY: The Department of Labor E. Executive Order 13045: Protection of (Department) is publishing this final Children From Environmental Health rule to adjust for inflation the civil Risks and Safety Risks monetary penalties assessed or enforced F. Environmental Impact Assessment G. Executive Order 13211: Energy Supply in its regulations , pursuant to the H.

5 Executive Order 12630: Constitutionally Federal Civil Penalties Inflation Protected Property Rights Adjustment Act of 1990 as amended by I. Executive Order 12988: Civil Justice the Federal Civil Penalties Inflation Reform Analysis Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act). The I. Background daltland on DSKBBV9HB2 PROD with rules . Inflation Adjustment Act requires the On November 2, 2015, Congress Department to annually adjust its civil enacted the Federal Civil Penalties money penalty levels for inflation no Inflation Adjustment Act Improvements later than January 15 of each year. The Act of 2015, Public Law 114 74, sec. Inflation Adjustment Act provides that 701 (Inflation Adjustment Act), which agencies shall adjust civil monetary further amended the Federal Civil VerDate Sep<11>2014 21:22 Dec 29, 2017 Jkt 244001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\ 02 JAR1. 8 Federal Register / Vol. 83, No. 1 / tuesday , January 2, 2018 / rules and regulations Penalties Inflation Adjustment Act of Departments jointly published the final annual adjustment as set forth in the 1990 as previously amended by the rule establishing the 2017 Annual DOL 2017 Annual Adjustment 1996 Debt Collection Improvement Act Adjustment for the H 2B civil monetary published on January 18, 2017, and the (collectively, the Prior Inflation penalties.)

6 See 82 FR 14147 (Joint 2017 Joint 2017 Annual Adjustment Adjustment Act''), to improve the Annual Adjustment). The Joint 2017 published on March 17, 2017. effectiveness of civil monetary penalties Annual Adjustment also explained that The Department is required to and to maintain their deterrent effect. DOL would make future adjustments to calculate the annual adjustment based The Inflation Adjustment Act required the H 2B civil monetary penalties on the Consumer Price Index for all agencies to: (1) Adjust the level of civil consistent with DOL's delegated Urban Consumers (CPI U). Annual monetary penalties with an initial authority under 8 1184(c)(14), inflation adjustments are based on the catch-up'' adjustment through an Immigration and Nationality Act section percent change between the October interim final rule (IFR); and (2) make 214(c)(14), and the Inflation Adjustment CPI U preceding the date of the subsequent annual adjustments for Act. See 82 FR 14147 48.

7 Adjustment, and the prior year's October inflation, no later than January 15 of This rule implements the 2018 annual CPI U; in this case, the percent change each year. inflation adjustments, as required by the between the October 2017 CPI U and On July 1, 2016, the Department Inflation Adjustment Act, for civil the October 2016 CPI U. The cost-of- published an IFR that established the monetary penalties assessed or enforced living adjustment multiplier for 2018 , initial catch-up adjustment for most by the Department, including H 2B civil based on the Consumer Price Index civil penalties that the Department monetary penalties. The Inflation (CPI U) for the month of October 2017, administers and requested comments. Adjustment Act provides that the not seasonally adjusted, is In See 81 FR 43430 (DOL IFR). On January increased penalty levels apply to any order to compute the 2018 annual 18, 2017, the Department published the penalties assessed after the effective adjustment, the Department multiplied final rule establishing the 2017 Annual date of the increase.

8 Pursuant to the the most recent penalty amount for each Adjustment for those civil monetary Inflation Adjustment Act, this final rule applicable penalty by the multiplier, penalties adjusted in the DOL IFR. See is published notwithstanding Section , and rounded to the nearest 82 FR 5373 (DOL 2017 Annual 553 of the APA. dollar. Adjustment). On July 1, 2016, the As provided by the Inflation II. Adjustment for 2018 . Department of Homeland Security Adjustment Act, the increased penalty (DHS) and the Department of Labor The Department has undertaken a levels apply to any penalties assessed (DOL) (collectively, the Departments'') thorough review of civil penalties after the effective date of this jointly published an IFR that established administered by its various components Accordingly, for penalties assessed after the initial catch-up adjustment for civil pursuant to the Inflation Adjustment January 2, 2018 , whose associated monetary penalties assessed or enforced Act and in accordance with guidance violations occurred after November 2, in connection with the employment of issued by the Office of Management and 2015, the higher penalty amounts temporary nonimmigrant workers under The Department first identified outlined in this rule will apply.

9 The the H 2B program. See 81 FR 42983 the most recent penalty amount, which tables below demonstrate the penalty (Joint IFR). On March 17, 2017, the is the amount established by the 2017 amounts that apply: CIVIL MONETARY PENALTIES FOR THE H 2B TEMPORARY NON-AGRICULTURAL WORKER PROGRAM. Violations occurring Penalty assessed Which penalty level applies On or before November 2, 2015 .. On or before August 1, 2016 .. Pre-August 1, 2016 levels. On or before November 2, 2015 .. After August 1, 2016 .. Pre-August 1, 2016 levels. After November 2, 2015 .. After August 1, 2016, but on or before March 17, August 1, 2016 levels. 2017. After November 2, 2015 .. After March 17, 2017 but on or before January 2, March 17, 2017 levels. 2018 . After November 2, 2015 .. After January 2, 2018 .. January 2, 2018 levels. CIVIL MONETARY PENALTIES FOR OTHER DOL PROGRAMS. Violations occurring Penalty assessed Which penalty level applies On or before November 2, 2015 .. On or before August 1, 2016.

10 Pre-August 1, 2016 levels. On or before November 2, 2015 .. After August 1, 2016 .. Pre-August 1, 2016 levels. After November 2, 2015 .. After August 1, 2016, but on or before January 13, August 1, 2016 levels. 2017. After November 2, 2015 .. After January 13, 2017 but on or before January January 13, 2017 levels. 2, 2018 . After November 2, 2015 .. After January 2, 2018 .. January 2, 2018 levels. daltland on DSKBBV9HB2 PROD with rules . 1 M 18 03, Implementation of Penalty Inflation 2 OMB provided the year-over-year multiplier, 3 Appendix 1 consists of a table that provides Adjustments for 2018 , Pursuant to the Federal Civil rounded to 5 decimal points. Id. at 1. ready access to key information about each penalty. Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 15, 2017). VerDate Sep<11>2014 21:22 Dec 29, 2017 Jkt 244001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\ 02 JAR1. Federal Register / Vol. 83, No. 1 / tuesday , January 2, 2018 / rules and regulations 9.