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Federal Registers - Table of Contents
• Publication Date: 01/18/2017
• Publication Type: Final Rule
• Fed Register #: 82:5373-5387
• Standard Number: 1903; 1902; 1902.4(c)(2)(xi); 1903.15(d)
• Title: Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2017


  [Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
  [Rules and Regulations]
  [Pages 5373-5387]
  From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
  [FR Doc No: 2017-00614]


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  DEPARTMENT OF LABOR

  Employment and Training Administration

  20 CFR Part 655

  Office of Workers' Compensation Programs

  20 CFR Parts 702, 725, and 726

  Wage and Hour Division

  29 CFR Parts 500, 501, 530, 570, 578, 579, 801, and 825

  Occupational Safety and Health Administration

  29 CFR Part 1903

  Employee Benefits Security Administration

  29 CFR Part 2560, 2575, and 2590

  Mine Safety and Health Administration

  30 CFR Part 100

  RIN 1290-AA31


  Department of Labor Federal Civil Penalties Inflation Adjustment
  Act Annual Adjustments for 2017

  AGENCY: Employment and Training Administration, Office of Workers'
  Compensation Programs, Office of the Secretary, Wage and Hour Division,
  Occupational Safety and Health Administration, Employee Benefits
  Security Administration, and Mine Safety and Health Administration,
  Department of Labor.

  ACTION: Final rule.

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  SUMMARY: The U.S. Department of Labor (Department) is publishing this
  final rule to adjust for inflation the civil monetary penalties
  assessed or enforced in its regulations, pursuant to the Federal Civil
  Penalties Inflation Adjustment Act of 1990 as amended by the Federal
  Civil Penalties Inflation Adjustment Act Improvements Act of 2015
  (Inflation Adjustment Act). The Inflation Adjustment Act requires the
  Department to annually adjust its civil money penalty levels for
  inflation no later than January 15 of each year. The Inflation
  Adjustment Act provides that agencies shall adjust civil monetary
  penalties notwithstanding Section 553 of the Administrative Procedure
  Act (APA). Additionally, the Inflation Adjustment Act provides a cost-
  of-living formula for adjustment of the civil penalties. Accordingly,
  this final rule sets forth the Department's 2017 annual adjustments for
  inflation to its civil monetary penalties, effective January 13, 2017.

  DATES: This final rule is effective on January 13, 2017. As provided by
  the Inflation Adjustment Act, the increased penalty levels apply to any
  penalties assessed after the effective date of this rule.

  FOR FURTHER INFORMATION CONTACT: Pamela Peters, Program Analyst, U.S.
  Department of Labor, Room S-2312, 200 Constitution Avenue, NW.,
  Washington, DC 20210; telephone: (202) 693-5959 (this is not a toll-
  free number). Copies of this final rule may be obtained in alternative
  formats (large print, Braille, audio tape or disc), upon request, by
  calling (202) 693-5959 (this is not a toll-free number). TTY/TDD
  callers may dial toll-free 1-877-889-5627 to obtain information or
  request materials in alternative formats.

  SUPPLEMENTARY INFORMATION:

  Preamble Table of Contents

  I. Background
  II. Adjustment for 2017
  III. Discussion of Public Comments
  IV. Paperwork Reduction Act
  V. Administrative Procedure Act
  VI. Executive Order 12866: Regulatory Planning and Review, and
  Executive Order 13563: Improving Regulation and Regulatory Review
  VII. Regulatory Flexibility Act and Small Business Regulatory
  Enforcement Fairness Act
  VIII. Other Regulatory Considerations
      A. The Unfunded Mandates Reform Act of 1995
      B. Executive Order 13132: Federalism
      C. Executive Order 13175: Indian Tribal Governments
      D. The Treasury and General Government Appropriations Act of
  1999: Assessment of Federal Regulations and Policies on Families
      E. Executive Order 13045: Protection of Children From
  Environmental Health Risks and Safety Risks
      F. Environmental Impact Assessment
      G. Executive Order 13211: Energy Supply
      H. Executive Order 12630: Constitutionally Protected Property
  Rights
      I. Executive Order 12988: Civil Justice Reform Analysis

  I. Background

      On November 2, 2015, Congress enacted the Federal Civil Penalties
  Inflation Adjustment Act Improvements Act of 2015, Public Law 114-74,
  701 (Inflation Adjustment Act), which further amended the Federal Civil
  Penalties Inflation Adjustment Act of 1990 as previously amended by the
  1996 Debt Collection Improvement Act (collectively, the "Prior
  Inflation Adjustment Act"), to improve the

  effectiveness of civil monetary penalties and to maintain their
  deterrent effect. The Inflation Adjustment Act required agencies to:
  (1) Adjust the level of civil monetary penalties with an initial
  "catch-up" adjustment through an interim final rule (IFR); and (2)
  make subsequent annual adjustments for inflation. The Department is
  required to publish an annual inflation adjustment no later than
  January 15, 2017, and by January 15 of each subsequent year.
      On July 1, 2016, the Department published an IFR that established
  the initial catch-up adjustment for civil penalties that the Department
  administers and requested comments. See 81 FR 43430 (DOL IFR). Nine
  comments were received on the Employment and Training Administration,
  Wage and Hour Division, Occupational Safety and Health Administration,
  and Employee Benefit Security Administration sections of the IFR, and
  are discussed below.
      This rule implements the annual inflation adjustment that the
  Department is required by the Inflation Adjustment Act to publish by
  January 15, 2017 for civil monetary penalties assessed or enforced in
  the Department's regulations.\1\ The Inflation Adjustment Act provides
  that the increased penalty levels apply to any penalties assessed after
  the effective date of the increase. Pursuant to the Inflation
  Adjustment Act, this final rule is published notwithstanding Section
  553 of the APA.
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      \1\ Civil monetary penalties under the H-2B program are
  addressed separately.
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  II. Adjustment for 2017

      The Department has undertaken a thorough review of civil penalties
  administered by its various components pursuant to the Inflation
  Adjustment Act and in accordance with guidance issued by the Office of
  Management and Budget.\2\ The Department first identified the most
  recent penalty amount, which was the amount established by the catch-up
  adjustment as set forth in the IFR published on July 1, 2016.
  ---------------------------------------------------------------------------

      \2\ M-17-11, Implementation of the 2017 annual adjustment
  pursuant to the Federal Civil Penalties Inflation Adjustment Act
  Improvements Act of 2015 (Dec 16, 2016).
  ---------------------------------------------------------------------------

      The Department is required to calculate the annual adjustment based
  on the Consumer Price Index for all Urban Consumers (CPI-U). Annual
  inflation adjustments are based on the percent change between the
  October CPI-U preceding the date of the adjustment, and the prior
  year's October CPI-U; in this case, the percent change between the
  October 2016 CPI-U and the October 2015 CPI-U. The cost-of-living
  adjustment multiplier for 2017, based on the Consumer Price Index (CPI-
  U) for the month of October 2016, not seasonally adjusted, is
  1.01636.\3\ In order to complete the 2017 annual adjustment, the
  Department multiplied the most recent penalty amount for each
  applicable penalty by the multiplier, 1.01636, and rounded to the
  nearest dollar.
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      \3\ OMB provided the year-over-year multiplier, rounded to 5
  decimal points. Id. at 1.
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      As provided by the Inflation Adjustment Act, the increased penalty
  levels apply to any penalties assessed after the effective date of this
  rule.\4\ Accordingly, for penalties assessed after January 13, 2017,
  whose associated violations occurred after November 2, 2015, the higher
  penalty amounts outlined in this rule will apply. The table below
  demonstrates the penalty amounts that apply:
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      \4\ Appendix 1 consists of a table that provides ready access to
  key information about each penalty.

  ----------------------------------------------------------------------------------------------------------------
           Violations occurring              Penalty assessed                Which penalty level applies
  ----------------------------------------------------------------------------------------------------------------
  On or before November 2, 2015........  On or before August 1,   Pre-August 1, 2016 levels.
                                          2016.
  On or before November 2, 2015........  After August 1, 2016...  Pre-August 1, 2016 levels.
  After November 2, 2015...............  After August 1, 2016,    August 1, 2016 levels.
                                          but on or before
                                          January 13, 2017.
  After November 2, 2015...............  After January 13, 2017.  January 13, 2017 levels.
  ----------------------------------------------------------------------------------------------------------------

  III. Discussion of Public Comments

      Nine organizations filed responsive comments with the Department
  within the public comment period for the IFR. The Department received
  comments from the Center for Progressive Reform (CPR); Farmworker
  Justice; Contractors Risk Management, Inc.; the North Carolina
  Department of Labor; the National Association of Heath Underwriters
  (NAHU); the Kentucky Labor Cabinet; the National Guestworker Alliance
  (NGA); the New Mexico Environment Department; and the Occupational
  Safety and Health State Plan Association (OSHSPA).
      Comments were received on the Employment and Training
  Administration, Wage and Hour Division, Occupational Safety and Health
  Administration, and Employee Benefit Security Administration sections
  of the IFR. No comments were received related to the Office of Workers'
  Compensation Programs, Office of the Secretary, and Mine Safety and
  Health Administration sections.
      The following discussion addresses the comments and the
  Department's responses. The Department has reviewed and considered
  these comments, but found none of them required a change in the penalty
  levels or regulatory text.

  A. Employment and Training Administration (20 CFR Part 655) and Wage
  and Hour Division (29 CFR Parts 500, 501, 530, 570, 578, 579, 801, 825)

      In the IFR, the Department increased the civil monetary penalties
  enforced by Department's Wage and Hour Division (WHD) under the Migrant
  and Seasonal Agricultural Worker Protection Act (MSPA), the Immigration
  and Nationality Act (INA) (specifically, the H-2A, D-1, and H-1B visa
  programs), the Fair Labor Standards Act (FLSA) (including the child
  labor provisions), the Employee Polygraph Protection Act, and the
  Family and Medical Leave Act.\5\ The civil monetary penalties
  authorized by the INA's D-1 and H-1B visa programs are reflected in the
  Employment and Training Administration's regulations, title 20 of the
  Code of Federal Regulations (CFR), but are enforced by WHD. The
  Department increased these civil monetary penalties pursuant to the
  "catch-up" adjustment formula as specified in the Inflation
  Adjustment Act. The Department explained each increase in the preamble
  to the IFR.
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      \5\ The Department also increased civil monetary penalties
  provisions of the Contract Work Hours and Safety Standards Act
  (CWHSSA) and the Walsh-Healey Public Contracts Act (PCA), as
  amended. These provisions are included in regulations established by
  the Office of the Secretary, 29 CFR part 5 and 41 CFR part 50-201,
  which have been delegated to WHD for enforcement.
  ---------------------------------------------------------------------------

      The Department received two comments addressing the increase of
  civil monetary penalties under programs administered by the WHD.
  Farmworker Justice, a national advocacy

  organization representing migrant and seasonal farmworkers, submitted a
  comment addressing civil monetary penalties under MSPA, H-2A, and
  FLSA.\6\ Farmworker Justice commented that while they were pleased that
  the civil monetary penalties under these programs had increased, the
  penalties remain "woefully inadequate to deter agricultural employers
  from violating labor laws and should be significantly increased."
  Farmworker Justice recommended that all civil monetary penalties for
  these programs "be raised significantly in order to have an impact on
  the pervasive labor law violations in agriculture." The National
  Guestworker Alliance (NGA), a membership organization representing
  contingent workers across labor sectors, submitted a comment addressing
  civil monetary penalties under the H-1B visa program.\7\ With respect
  to civil monetary penalties under the H-1B visa program, the NGA
  commented that while it supports the increases included in the IFR,
  "it believes that DOL should have increased the penalt[ies]" to the
  "150 [percent] maximum allowed under the [Inflation Adjustment Act] to
  help ensure employer compliance with the regulation."
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      \6\ This comment also addressed civil money penalties under the
  Occupational Safety and Health Act (OSH Act), which is administered
  by the Occupational Safety and Health Administration; that portion
  of Farmworker Justice's comment is addressed below.
      \7\ This comment also addressed civil money penalties under the
  OSH Act; that portion of NGA's comment is addressed below.
  ---------------------------------------------------------------------------

      The Department agrees that civil monetary penalties serve an
  important role in deterring violations of the programs administered by
  the Department. Indeed, the Inflation Adjustment Act is intended to
  improve the effectiveness of civil monetary penalties and to maintain
  their deterrent effect. See DOL IFR, 81 FR at 43431. However, the
  Department increased civil monetary penalties under the H-1B, H-2A,
  FLSA, and MSPA programs in the IFR pursuant to the Inflation Adjustment
  Act's mandatory "catch-up" adjustment formula, which is specified in
  the statute and is based on inflation. For this "catch-up"
  adjustment, the Inflation Adjustment Act required agencies to identify,
  for each penalty, the year and corresponding amount(s) for which the
  penalty amount, the maximum penalty level, or range of minimum and
  maximum penalties was established (i.e., originally enacted by Congress
  or by regulation) or last adjusted other than pursuant to the Prior
  Inflation Adjustment Act. That amount became the basis of the "catch-
  up" adjustment, subject to a cap on any penalty increase of 150
  percent of the current penalty amount as of November 2015--allowing for
  a total new penalty of no more than 250 percent of the November 2015
  penalty amount. See Inflation Adjustment Act, Sec. 701. This cap is
  triggered only where the relevant calculation results in a higher
  penalty amount; the Inflation Adjustment Act does not permit agencies
  to increase civil monetary penalties up to this cap where the specified
  calculation results in an increase lower than 150 percent of the
  November 2015 penalty amount. Id.
      As explained in the preamble to the IFR, applying the "catch-up"
  formula required by the Inflation Adjustment Act, the civil monetary
  penalties under the FLSA, H-1B, H-2A, and MSPA were increased to the
  maximum amounts permissible under the Inflation Adjustment Act, none of
  which reached or exceeded the 150 percent cap. Accordingly, the
  Department may not further increase civil monetary penalties under
  these programs pursuant to the Inflation Adjustment Act, other than by
  making the subsequent annual adjustments for inflation.

  B. Occupational Safety and Health Administration (29 CFR Parts 1902,
  1903)

      In the IFR, the Department increased the civil monetary penalties
  administered by the Occupational Safety and Health Administration
  (OSHA) to enforce provisions of the Occupational Safety & Health Act of
  1970 (OSH Act), as amended, including conforming edits to the agency's
  State Plan regulations. The Department increased these civil monetary
  penalties pursuant to the "catch-up" adjustment formula as specified
  in the Inflation Adjustment Act. The Department explained each increase
  in the preamble to the IFR. The Department received four comments
  related to State Plans, and four comments related to the civil penalty
  adjustments.
      Section 18(c)(2) of the OSH Act provides that a State may assume
  responsibility for development and enforcement of its own occupational
  safety and health standards by submitting a State Plan. There were four
  State Plan related comments submitted in response to the DOL IFR. One
  was from the Occupational Safety and Health State Plan Association
  (OSHSPA) and three from individual State Plans (North Carolina,
  Kentucky and New Mexico). Responses to these four comments are
  discussed below.
      Section 18(c)(2) of the OSH Act requires that a State Plan
  "provides for the development and enforcement of safety and health
  standards relating to one or more safety or health issues, which
  standards (and the enforcement of which standards) are or will be at
  least as effective in providing safe and healthful employment and
  places of employment as the standards promulgated under section 6 which
  relate to the same issues. . . ." Prior to the July 1, 2016
  publication of the IFR, the State Plan Indices of Effectiveness for
  initial approval stated that State Plans must "[p]rovide[ ] effective
  sanctions against employers who violate State standards and orders,
  such as those prescribed in the Act." See 29 CFR 1902.4(c)(2)(xi)
  (2015). In the factors for determination of final approval status, the
  regulations require that, "[t]he State proposes penalties in a manner
  at least as effective as under the Federal program, including the
  proposing of penalties for first instance violations and the
  consideration of factors comparable to those required to be considered
  under the Federal program." See 29 CFR 1902.37(b)(12).
      Thus, OSHA-approved State Plans must have maximum and minimum \8\
  penalty levels that are at least as effective as federal OSHA's per
  Section 18 (c)(2) of the OSH Act; See 29 CFR 1902.4(c)(2)(xi);
  1902.37(b)(12). It is OSHA's long-standing position that "at least as
  effective," in this context, means that State Plans must have maximum
  and minimum penalty levels that are at least as high as OSHA's maximum
  and minimum penalty levels. Therefore, all State Plans must increase
  their maximum and minimum penalty levels to be at least as high as
  OSHA's initial catch-up maximum and minimum penalty levels in 29 CFR
  1903.15(d), and must thereafter increase these maximums and minimums
  based on inflation.
  ---------------------------------------------------------------------------

      \8\ The penalties increased include the range of penalties for
  willful citations, which includes both a minimum and a maximum.
  ---------------------------------------------------------------------------

      With the publication of the IFR, the location of OSHA's maximum and
  minimum penalties was moved from Section 17 of the OSH Act to 29 CFR
  1903.15(d). To make it clear where the OSHA penalty levels are located,
  OSHA amended 29 CFR 1902.4(c)(2)(xi) to now read that State Plans must
  "[p]rovide[] effective sanctions against employers who violated State
  standards and orders, such as those prescribed in the Act and 29 CFR
  1903.15(d)"(emphasis added). This change was simply to add a reference
  to the new location of OSHA penalty levels, in 29 CFR 1903.15(d).
      OSHSPA submitted a letter requesting that OSHA make clear that the
  amendment to 29 CFR 1902.4(c)(2)(xi) is

  not intended to require State Plans to have an identical penalty
  structure for assessed penalties. As explained above, State Plans have
  long been required to have effective sanctions as prescribed in the OSH
  Act. The penalty levels in the OSH Act (Section 17) have historically
  been OSHA's maximum and minimum penalties, while OSHA's structure or
  practice for assessing penalties has been developed through policy and
  is currently contained in OSHA's Field Operations Manual. OSHA confirms
  that the amendment to Sec.  1902.4(c)(2)(xi) refers only to the
  location of the new maximum and minimum penalty levels in 29 CFR
  1903.15(d). The change to Sec.  1902.4(c)(2)(xi) does not expand OSHA's
  scope of authority or control over State Plans' penalties, nor does it
  alter OSHA's obligation to analyze both State Plan maximum penalties
  and State Plan penalty assessment structures under the "at least as
  effective" lens.
      The North Carolina Department of Labor submitted a comment that
  took issue with OSHA's amendment of 29 CFR 1902.4(c)(2)(xi), and was
  joined by Kentucky Labor Cabinet and the New Mexico Environment
  Department. The North Carolina State Plan contended that OSHA's
  amendment to 29 CFR 1902.4(c)(2)(xi) was in excess of the authority
  granted by the Bipartisan Budget Act of 2015's amendment to the
  Inflation Adjustment Act; not in conformance with the APA, 5 U.S.C.
  553; and arbitrary, capricious, and an abuse of discretion.
      The Inflation Adjustment Act directed OSHA to increase maximum and
  minimum penalties through an IFR issuing without prior notice and
  comment rather than a change to the OSH Act. OSHA has the inherent
  authority to make technical amendments to its regulations to conform to
  Congress's direction to increase its penalty levels. With the change to
  the location of penalty levels to 29 CFR 1903.15(d), OSHA needed to
  update the reference in 29 CFR 1902.4(c)(2)(xi) to point to both the
  Act and the new regulation. This change was merely the addition of a
  reference, or pointer, to increase clarity and transparency in the
  State Plan Indices of effectiveness.
      The North Carolina, Kentucky and New Mexico State Plans argue that
  the change to 29 CFR 1902.4(c)(2)(xi) violated the APA because it was
  not issued through notice-and-comment rulemaking, and the good cause
  exception to notice-and-comment rulemaking is not applicable.
      As noted by the North Carolina State Plan, the APA exception from
  notice and comment applies to regulations that make minor technical
  amendments and non-substantive corrections. See p. 3. That comports
  with the APA language that notice and comment is not required where
  they are "impractical, unnecessary, or contrary to the public
  interest." 5 U.S.C. 553(b)(3)(B). The amendment to 29 CFR
  1902.4(c)(2)(xi) fits within that exception because it is a minor,
  technical amendment that updated the reference to the location of OSHA
  maximum and minimum penalty levels. It is the "at least as effective"
  standard in OSH Act Sec.  18 that requires State Plans to increase
  their maximum and minimum penalty levels, and the amendment to 29 CFR
  1902.4(c)(2)(xi) only made clear to State Plans and all other
  stakeholders that the maximum and minimum penalty levels that State
  Plans are required to be at least as effective as, are now listed under
  29 CFR 1903.15(d), and are no longer in OSH Act Sec.  17. There is no
  need for notice and comment on that type of "pointer" reference. See,
  e.g., Corrections and Technical Amendments to 16 OSHA Standards, 76 FR
  80735 (Dec. 27, 2011) (updating cross-reference from "Section
  101(14)" of the Comprehensive Environmental Response Compensation and
  Liability Act (CERCLA) to "Section 103(14)" after Congress amended
  CERCLA). Nonetheless, DOL did accept comments on the IFR, and several
  State Plans took advantage of that opportunity to file comments,
      Further, the State Plan comments argue that the change to 29 CFR
  1902.4(c)(2)(xi) was arbitrary, capricious, and an abuse of discretion
  under the APA because it is not based on reasoned analysis. The North
  Carolina State Plan comment argues that OSHA should present current
  data to support the requirement that State Plans increase penalties to
  the level assessed by OSHA effective August 1, 2016 in order to be
  deemed "at least as effective." Further, the North Carolina State
  Plan comment emphasizes that the "at least as effective" standard
  does not require State Plans to have programs identical to OSHA's. New
  Mexico joined in arguing that assessed penalty levels and injury rates
  are not correlated and thus penalty levels should not be part of the
  "at least as effective" analysis.
      In the Inflation Adjustment Act, Congress found that "(1) the
  power of Federal agencies to impose civil monetary penalties for
  violations of Federal law and regulations plays an important role in
  deterring violations and furthering the policy goals embodied in such
  laws and regulations; (2) the impact of many civil monetary penalties
  has been and is diminished due to the effect of inflation." See 28
  U.S.C. 2461 note, Sec.  2(a). This finding is as applicable to State
  Plan penalties as it is to federal penalties.
      The regulations that OSHA adopted (29 CFR 1903.15(d)) address only
  the maximum and minimum penalty levels--they do not address penalties
  finally assessed or the methodology involved in calculating assessed
  penalties. The latter are matters to be determined under the "at least
  as effective" standard, on a case-by-case basis with each State Plan.
      OSHA has an obligation to ensure that State Plans continue to
  maintain maximum and minimum penalty levels that are at least as
  effective as OSHA's. OSHA agrees that the "at least as effective"
  standard does not require State Plans to be identical to OSHA. However,
  as acknowledged by the OSHSPA comment, historically, State Plans have
  matched OSHA's maximum and minimum penalties identically. In 1990, when
  Congress last increased OSHA's maximum and minimum penalty levels, all
  State Plans adopted identical penalty levels, resulting in the $7,000/
  $70,000 penalty levels in effect for 25 years for both OSHA and the
  State Plans. OSHA recognizes that the August 1, 2016 increase in OSHA's
  maximum and minimum penalty levels is complicated by the requirement
  that the penalties levels increase annually, based on the cost-of-
  living adjustment, but that does not mean that State Plans do not have
  to increase their maximum and minimum penalty levels. OSHA will assist
  the State Plans to make these necessary changes occur. OSHA's position
  has been and continues to be that State Plans must have maximum and
  minimum penalties that are at least as effective as OSHA's.
      The IFR updated Sec.  1903.15 to read in part, "After, or
  concurrent with, the issuance of a citation, and within a reasonable
  time after the termination of the inspection, the Area Director shall
  notify the employer by certified mail or by personal service by the
  Compliance Safety and Health Officer of the proposed penalty in
  accordance with paragraph (d) of this section, or that no penalty is
  being proposed." In its comments, Contractors Risk Management asked
  whether this means that the employer will be notified if there are no
  penalties proposed or no citations issued. At the closing of the
  inspection process, OSHA conducts a closing conference with the
  employer and the employee representatives to discuss the findings of
  the inspection. The compliance officer discusses possible courses of
  action an employer may take following an inspection,

  which could include an informal conference with OSHA or contesting
  citations and proposed penalties where citations and penalties are
  proposed. The compliance officer also discusses consultation services
  and employee rights. This closing conference is held regardless of
  whether citations and penalties are proposed.
      The IFR added Sec.  1903.15(d) to provide the adjusted civil
  penalties for penalties proposed on or after August 1, 2016.
  Contractors Risk Management expressed concern about a case being opened
  before August 1, but higher penalty levied because the time OSHA takes
  to complete the case goes beyond August 1. The Inflation Adjustment Act
  mandates that the catch-up adjustment apply to any civil monetary
  penalty assessed after August 1, 2016, "including those whose
  associated violation predated such increase" See Public Law 114-74 at
  Sec.  701. OSHA attempted to complete open cases prior to the August 1
  conversion date. However, in some cases, citations for inspections
  opened prior to August 1st were not issued until after August 1, and
  enhanced penalties were proposed under the new rules. OSHA made every
  effort to inform employers, through outreach, use of our Web site, and
  notices to affected employers, of the changes to our penalties and the
  potential impact on the inspection.
      The NGA commented that it supports the increases in penalties for
  employer violations of the OSH Act, but believes that the Department
  should have increased the penalties to the 150% maximum allowed under
  Inflation Adjustment Act to help ensure employer compliance with the
  law. Farmworker Justice similarly commented that civil monetary
  penalties under the OSH Act should be increased. The Department agrees
  that civil monetary penalties serve an important role in deterring
  violations of the programs administered by the Department. However, the
  Department increased civil monetary penalties under the OSH Act in the
  IFR pursuant to the Inflation Adjustment Act's mandatory "catch-up"
  adjustment formula, which is specified in the statute and is based on
  inflation. For this "catch-up" adjustment, the Inflation Adjustment
  Act required agencies to identify, for each penalty, the year and
  corresponding amount(s) for which the penalty amount, the maximum
  penalty level, or range of minimum and maximum penalties was
  established (i.e., originally enacted by Congress or by regulation) or
  last adjusted other than pursuant to the Prior Inflation Adjustment
  Act. That amount became the basis of the "catch-up" adjustment,
  subject to a cap on any penalty increase of 150 percent of the current
  penalty amount as of November 2015--allowing for a total new penalty of
  no more than 250 percent of the November 2015 penalty amount. See
  Inflation Adjustment, Sec. 701. This cap is triggered only where the
  relevant calculation results in a higher penalty amount; the Inflation
  Adjustment Act does not permit agencies to increase civil monetary
  penalties up to this cap where the specified calculation results in an
  increase lower than 150 percent of the November 2015 penalty amount.
  Id. By applying the "catch-up" formula required by the Inflation
  Adjustment Act, the civil monetary penalties under the OSH Act were
  increased to the maximum amounts permissible under the Inflation
  Adjustment Act, none of which reached or exceeded the 150 percent cap.
      The Center for Progressive Reform commented that it applauds the
  agency for adjusting the penalties to the maximum amount permitted by
  the Inflation Adjustment Act, but it encourages OSHA to revise its
  informal settlement policies. In response to the penalty adjustments
  mandated by Congress, OSHA revised Chapter 6 of its Field Operations
  Manual. In revising the guidance, OSHA wanted to be consistent with
  current procedures and ensure that penalties were impactful. However,
  we were also mindful of the impact that these changes may have had on
  small businesses. To offset any undue impact, OSHA created an
  additional size category for businesses with 1-10 employees, and now
  offers a reduction of 70 percent for those smallest businesses. The
  informal settlement policy remains the same, but OSHA is closely
  monitoring the influence that the new penalties have on our contest
  rates, etc. to see where adjustments, if needed, may be appropriate.

  C. Employee Benefits Security Administration (29 CFR Part 2560, 2575,
  2590)

      In the IFR, the Department increased the civil monetary penalties
  administered by the Employee Benefits Security Administration to
  enforce provisions of the Employee Retirement Income Security Act of
  1974, as amended, (ERISA). The Department increased these civil
  monetary penalties as required by the "catch-up" adjustment formula
  specified in the Inflation Adjustment Act. Minor modifications were
  made to 29 CFR 2575.3 to clarify that future inflation adjustments to
  ERISA civil monetary penalties would be made by notice in the Federal
  Register without amending the code of federal regulations each year to
  reflect an increase in the penalty amount.
      The Department received one comment letter regarding the adjustment
  of the ERISA civil monetary penalties under the IFR. The commenter, the
  National Association of Health Underwriters (NAHU), stated that "the
  formula used to increase penalties was fairly applied in the IFR."
  NAHU, however, questioned the "decision to impose increased penalties
  on employers at this time" due to the increased cost of compliance and
  reporting responsibilities placed on group health plans by the Patient
  Protection and Affordable Care Act (ACA). NAHU expressed concern "that
  increasing the potential penalties could have a detrimental impact on
  an employer's potential willingness to offer group benefits,
  particularly for smaller employers that have not previously offered
  coverage." Most ERISA civil monetary penalties affecting group health
  plans are expressed in terms of "up to" or "not more than" a
  maximum penalty. The Department did not automatically impose the
  maximum penalty in the past and has no plans at this time to change its
  enforcement policy to maximize penalty collections following the catch-
  up adjustment. It is the view of the Department that neither the catch-
  up adjustment nor any subsequent adjustment will have the detrimental
  impact on group health plans suggested by NAHU. Accordingly, the
  unverifiable social cost of the catch-up adjustment postulated by
  NAHU's comment does not outweigh the benefits of increasing the ERISA
  civil monetary penalties by the otherwise required amount.
      Section 4(a) of the Inflation Adjustment Act states that "[n]ot
  later than July 1, 2016, and not later than January 15 of every year
  thereafter," the head of each agency shall adjust civil monetary
  penalties in accordance with section 4(b). Section 4(b)(1) states that
  "for purposes of the first adjustment" (i.e., the catch-up
  adjustment) the "head of each agency shall adjust the civil monetary
  penalties by IFR" that "shall take effect no later than August 1,
  2016." Since the operative word of the statute is "shall," the
  Department did not have the discretion to delay adjustment of the ERISA
  civil monetary penalties beyond August 1, 2016, except as otherwise
  provided by section 4(c) of the Inflation Adjustment Act.
      Under section 4(c), an agency could not delay or otherwise reduce
  the catch-up adjustment unless: (1) After

  publishing a notice of proposed rulemaking in the Federal Register, the
  agency determines that the increase in the penalty or penalty range
  would have a negative economic impact, or that the social costs of
  increasing the penalty would outweigh the benefits, and (2) OMB
  concurred with that determination. OMB advised that an agency seeking
  OMB's concurrence to a reduction of the required catch-up adjustment
  must submit the associated notice of proposed rulemaking to the Office
  of Information and Regulatory Affairs (OIRA) of OMB for review by May
  2, 2016.\9\ OMB also advised that its concurrence to a reduction of the
  catch-up adjustment would be "rare." \10\ The Department decided not
  to pursue a reduction in the increase of any of the ERISA penalties,
  because, in the Department's view, there was no negative economic
  impact or a verifiable social cost resulting from the catch-up
  adjustment. Since the Department did not submit the requisite notice of
  proposed rulemaking to OIRA by May 2, 2016, the Department arguably
  does not have the authority to reduce a required catch-up adjustment to
  an ERISA penalty under section 4(c). Even if the Department currently
  has the authority to reduce a catch-up adjustment under section 4(c),
  the one comment received by the Department regarding ERISA penalties
  did not provide sufficient evidence of negative economic impact or
  social cost for the Department to seek a reduction of the increased
  ERISA penalties resulting from the catch-up adjustment.
  ---------------------------------------------------------------------------

      \9\ See, OMB Mem. M-16-06 (Feb. 24, 2016), available at https://www.whitehouse.gov/sites/default/files/omb/memoranda/2016/m-16-06.pdf.
      \10\ Id.
  ---------------------------------------------------------------------------

  IV. Paperwork Reduction Act

      The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
  that the Department consider the impact of paperwork and other
  information collection burdens imposed on the public. The Department
  has determined that this final rule does not require any collection of
  information.

  V. Administrative Procedure Act

      The Inflation Adjustment Act provides that agencies shall annually
  adjust civil monetary penalties for inflation notwithstanding Section
  553 of the APA. Additionally, the Inflation Adjustment Act provides a
  nondiscretionary cost-of-living formula for annual adjustment of the
  civil monetary penalties. For these reasons, the requirements in
  sections 553(b), (c), and (d) of the APA, relating to notice and
  comment and requiring that a rule be effective 30 days after
  publication in the Federal Register, are inapplicable.

  VI. Executive Order 12866: Regulatory Planning and Review, and
  Executive Order 13563: Improving Regulation and Regulatory Review

      Executive Order 12866 requires that regulatory agencies assess both
  the costs and benefits of significant regulatory actions. Under the
  Executive Order, a "significant regulatory action" is one meeting any
  of a number of specified conditions, including the following: Having an
  annual effect on the economy of $100 million or more; creating a
  serious inconsistency or interfering with an action of another agency;
  materially altering the budgetary impact of entitlements or the rights
  of entitlement recipients, or raising novel legal or policy issues.
      The Department has determined that this final rule is not a
  "significant" regulatory action and a cost-benefit and economic
  analysis is not required. This regulation merely adjusts civil monetary
  penalties in accordance with inflation as required by the Inflation
  Adjustment Act, and has no impact on disclosure or compliance costs.
  The benefit provided by the inflationary adjustment to the maximum
  civil monetary penalties is that of maintaining the incentive for the
  regulated community to comply with the laws enforced by the Department,
  and not allowing the incentive to be diminished by inflation.
      Executive Order 13563 directs agencies to assess all costs and
  benefits of available regulatory alternatives and, if regulation is
  necessary, to select regulatory approaches that maximize net benefits
  (including potential economic, environmental, public health and safety
  effects, distributive impacts, and equity). Executive Order 13563
  emphasizes the importance of quantifying both costs and benefits,
  reducing costs, harmonizing rules, and promoting flexibility to
  minimize burden.
      This final rule is exempt from the requirements of the APA because
  the Inflation Adjustment Act directed the Department to issue the
  annual adjustments without regard to Section 553 of the APA. In that
  context, Congress has already determined that any possible increase in
  costs is justified by the overall benefits of such adjustments. This
  final rule makes only the statutory changes outlined herein; thus there
  are no alternatives or further analysis required by E.O. 13563.

  VII. Regulatory Flexibility Act and Small Business Regulatory
  Enforcement Fairness Act

      The Regulatory Flexibility Act, 5 U.S.C. 601 et seq. (RFA), imposes
  certain requirements on Federal agency rules that are subject to the
  notice and comment requirements of the APA, 5 U.S.C. 553(b). This final
  rule is exempt from the requirements of the APA because the Inflation
  Adjustment Act directed the Department to issue the annual adjustments
  without regard to Section 553 of the APA. Therefore, the requirements
  of the RFA applicable to notices of proposed rulemaking, 5 U.S.C. 603,
  do not apply to this rule. Accordingly, the Department is not required
  to either certify that the final rule would not have a significant
  economic impact on a substantial number of small entities or conduct a
  regulatory flexibility analysis.

  VIII. Other Regulatory Considerations

  A. The Unfunded Mandates Reform Act of 1995

      Because the rule simply adjusts for inflation, it does not include
  any Federal mandate that may result in increased expenditures by State,
  local, or tribal governments; nor does it increase private sector
  expenditures by more than $100 million annually; nor does it
  significantly or uniquely affect small governments. Accordingly, the
  Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 et seq.) requires
  no further agency action or analysis.

  B. Executive Order 13132: Federalism

      Section 18 of the OSH Act (29 U.S.C. 667) requires OSHA-approved
  State Plans to have standards and an enforcement program that are at
  least as effective as federal OSHA's standards and enforcement program.
  OSHA-approved State Plans must have maximum and minimum penalty levels
  that are at least as effective as federal OSHA's per Section 18 (c)(2)
  of the OSH Act; 29 CFR 1902.4(c)(2)(xi); 1902.37(b)(12). State Plans
  are required to increase their penalties in alignment with OSHA's
  penalty increases to maintain at least as effective penalty levels.
      State Plans are not required to impose monetary penalties on state
  and local government employers. See Sec.  1956.11(c)(2)(x). Five (5)
  states and one territory have State Plans that cover only state and
  local government employees: Connecticut, Illinois, New Jersey, New
  York, Maine, and the Virgin Islands. Therefore, the requirements to
  increase the penalty levels do not apply to these State Plans. Twenty-
  one (21)

  states and one U.S. territory have State Plans that cover both private
  sector employees and state and local government employees: Alaska,
  Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland,
  Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto
  Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington,
  and Wyoming. These states must increase their penalties for private-
  sector employers.
      Other than as listed above, this final rule does not have
  federalism implications because it does not have substantial direct
  effects on the states, on the relationship between the national
  government and the states, or on the distribution of power and
  responsibilities among the various levels of government. Accordingly,
  Executive Order 13132, Federalism, requires no further agency action or
  analysis.

  C. Executive Order 13175: Indian Tribal Governments

      This final rule does not have "tribal implications" because it
  does not have substantial direct effects on one or more Indian tribes,
  on the relationship between the Federal government and Indian tribes,
  or on the distribution of power and responsibilities between the
  Federal government and Indian tribes. Accordingly, Executive Order
  13175, Consultation and Coordination with Indian Tribal Governments,
  requires no further agency action or analysis.

  D. The Treasury and General Government Appropriations Act of 1999:
  Assessment of Federal Regulations and Policies on Families

      This final rule will have no effect on family well-being or
  stability, marital commitment, parental rights or authority, or income
  or poverty of families and children. Accordingly, section 654 of the
  Treasury and General Government Appropriations Act of 1999 (5 U.S.C.
  601 note) requires no further agency action, analysis, or assessment.

  E. Executive Order 13045: Protection of Children From Environmental
  Health Risks and Safety Risks

      This final rule will have no adverse impact on children.
  Accordingly, Executive Order 13045, Protection of Children from
  Environmental Health Risks and Safety Risks, as amended by Executive
  Orders 13229 and 13296, requires no further agency action or analysis.

  F. Environmental Impact Assessment

      A review of this final rule in accordance with the requirements of
  the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et
  seq.; the regulations of the Council on Environmental Quality, 40 CFR
  1500 et seq.; and the Departmental NEPA procedures, 29 CFR part 11,
  indicates that the final rule will not have a significant impact on the
  quality of the human environment. As a result, there is no
  corresponding environmental assessment or an environmental impact
  statement.

  G. Executive Order 13211: Energy Supply

      This final rule has been reviewed for its impact on the supply,
  distribution, and use of energy because it applies, in part, to the
  coal mining and uranium industries. MSHA has concluded that the
  adjustment of civil monetary penalties to keep pace with inflation and
  thus maintain the incentive for operators to maintain safe and
  healthful workplaces is not a significant energy action because it is
  not likely to have a significant adverse effect on the supply,
  distribution, or use of energy.
      This final rule has not been identified to have other impacts on
  energy supply. Accordingly, Executive Order 13211 requires no further
  Agency action or analysis.

  H. Executive Order 12630: Constitutionally Protected Property Rights

      This final rule will not implement a policy with takings
  implications. Accordingly, Executive Order 12630, Governmental Actions
  and Interference with Constitutionally Protected Property Rights,
  requires no further agency action or analysis.

  I. Executive Order 12988: Civil Justice Reform Analysis

      This final rule was drafted and reviewed in accordance with
  Executive Order 12988, Civil Justice Reform. This final rule was
  written to provide a clear legal standard for affected conduct and was
  carefully reviewed to eliminate drafting errors and ambiguities, so as
  to minimize litigation and undue burden on the Federal court system.
  The Department has determined that this IFR meets the applicable
  standards provided in section 3 of Executive Order 12988.

  List of Subjects

  20 CFR Part 655

      Immigration, Penalties, Labor.

  20 CFR Part 702

      Administrative practice and procedure, Longshore and harbor
  workers, Penalties, Reporting and recordkeeping requirements, Workers'
  compensation.

  20 CFR Part 725

      Administrative practice and procedure, Black lung benefits, Coal
  miners, Penalties, Reporting and recordkeeping requirements.

  20 CFR Part 726

      Administrative practice and procedure, Black lung benefits, Coal
  miners, Mines, Penalties.

  29 CFR Part 5

      Administrative practice and procedure, Construction industry,
  Employee benefit plans, Government contracts, Law enforcement, Minimum
  wages, Penalties, Reporting and recordkeeping requirements.

  29 CFR Part 500

      Administrative practice and procedure, Aliens, Housing, Insurance,
  Intergovernmental relations, Investigations, Migrant labor, Motor
  vehicle safety, Occupational safety and health, Penalties, Reporting
  and recordkeeping requirements, Wages, Whistleblowing.

  29 CFR Part 501

      Administrative practice and procedure, Agriculture, Aliens,
  Employment, Housing, Housing standards, Immigration, Labor, Migrant
  labor, Penalties, Transportation, Wages.

  29 CFR Part 530

      Administrative practice and procedure, Clothing, Homeworkers,
  Indians-arts and crafts, Penalties, Reporting and recordkeeping
  requirements, Surety bonds, Watches and jewelry.

  29 CFR Part 570

      Child labor, Law enforcement, Penalties.

  29 CFR Part 578

      Penalties, Wages.

  29 CFR Part 579

      Child labor, Penalties.

  29 CFR Part 801

      Administrative practice and procedure, Employment, Lie detector
  tests, Penalties, Reporting and recordkeeping requirements.

  29 CFR Part 825

      Administrative practice and procedure, Airmen, Employee benefit
  plans, Health, Health insurance, Labor management relations, Maternal
  and child health, Penalties, Reporting and recordkeeping requirements,
  Teachers.

  29 CFR Part 1903

      Intergovernmental relations, Law enforcement, Occupational Safety
  and Health, Penalties.

  29 CFR Part 2560

      Employee benefit plans, Employee Retirement Income Security Act,
  Law enforcement, Penalties, Pensions, Reporting and recordkeeping.

  29 CFR Part 2575

      Administrative practice and procedure, Employee benefit plans,
  Employee Retirement Income Security Act, Health care, Penalties,
  Pensions.

  29 CFR Part 2590

      Employee benefit plans, Employee Retirement Income Security Act,
  Health care, Health insurance, Penalties, Pensions, Reporting and
  recordkeeping.

  30 CFR Part 100

      Mine safety and health, Penalties.

      For the reasons set out in the preamble, 20 CFR chapters V and VI,
  29 CFR chapters V, XVII, and XXV, and 30 CFR chapter I are amended as
  follows.

  Department of Labor

  Employment and Training Administration

  Title 20--Employees' Benefits

  PART 655--TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED
  STATES

  0
  1. The authority citation for part 655 continues to read as follows:

      Authority:  Section 655.0 issued under 8 U.S.C.
  1101(a)(15)(E)(iii), 1101(a)(15)(H)(i) and (ii), 8 U.S.C.
  1103(a)(6), 1182(m), (n) and (t), 1184(c), (g), and (j), 1188, and
  1288(c) and (d); sec. 3(c)(1), Pub. L. 101-238, 103 Stat. 2099, 2102
  (8 U.S.C. 1182 note); sec. 221(a), Pub. L. 101-649, 104 Stat. 4978,
  5027 (8 U.S.C. 1184 note); sec. 303(a)(8), Pub. L. 102- 232, 105
  Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 323(c), Pub. L. 103-206,
  107 Stat. 2428; sec. 412(e), Pub. L. 105-277, 112 Stat. 2681 (8
  U.S.C. 1182 note); sec. 2(d), Pub. L. 106-95, 113 Stat. 1312, 1316
  (8 U.S.C. 1182 note); 29 U.S.C. 49k; Pub. L. 107-296, 116 Stat.
  2135, as amended; Pub. L. 109-423, 120 Stat. 2900; 8 CFR
  214.2(h)(4)(i); and 8 CFR 214.2(h)(6)(iii).

      Subpart A issued under 8 CFR 214.2(h).
      Subpart B issued under 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c),
  and 1188; and 8 CFR 214.2(h).
      Subparts F and G issued under 8 U.S.C. 1288(c) and (d); sec.
  323(c), Pub. L. 103-206, 107 Stat. 2428; and 28 U.S.C. 2461 note,
  Pub. L. 114-74 at section 701.
      Subparts H and I issued under 8 U.S.C. 1101(a)(15)(H)(i)(b) and
  (b)(1), 1182(n) and (t), and 1184(g) and (j); sec. 303(a)(8), Pub.
  L. 102-232, 105 Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 412(e),
  Pub. L. 105-277, 112 Stat. 2681; 8 CFR 214.2(h); and 28 U.S.C. 2461
  note, Pub. L. 114-74 at section 701.
      Subparts L and M issued under 8 U.S.C. 1101(a)(15)(H)(i)(c) and
  1182(m); sec. 2(d), Pub. L. 106-95, 113 Stat. 1312, 1316 (8 U.S.C.
  1182 note); Pub. L. 109-423, 120 Stat. 2900; and 8 CFR 214.2(h).


  Sec. Sec.  655.620, 655.801, and 655.810  [Amended]

  0
  2. In the table below, for each paragraph indicated in the left column,
  remove the dollar amount indicated in the middle column from wherever
  it appears in the paragraph and add in its place the dollar amount
  indicated in the right column.

  ----------------------------------------------------------------------------------------------------------------
                             Paragraph                                     Remove                    Add
  ----------------------------------------------------------------------------------------------------------------
  Sec.   655.620(a).............................................                   $8,908                   $9,054
  Sec.   655.801(b).............................................                    7,251                    7,370
  Sec.   655.810(b)(1) introductory text........................                    1,782                    1,811
  Sec.   655.810(b)(2) introductory text........................                    7,251                    7,370
  Sec.   655.810(b)(3) introductory text........................                   50,758                   51,588
  ----------------------------------------------------------------------------------------------------------------

  Department of Labor

  Office of Workers' Compensation Programs

  PART 702--ADMINISTRATION AND PROCEDURE

  0
  3. The authority citation for part 702 continues to read as follows:

      Authority:  5 U.S.C. 301, and 8171 et seq.; 33 U.S.C. 901 et
  seq.; 42 U.S.C. 1651 et seq.; 43 U.S.C. 1333; 28 U.S.C. 2461 note
  (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L.
  114-74 at sec.701; Reorganization Plan No. 6 of 1950, 15 FR 3174, 64
  Stat. 1263; Secretary's Order 10-2009, 74 FR 58834.


  Sec. Sec.  702.204, 702.236, and 702.271   [Amended]

  0
  4. In the table below, for each paragraph indicated in the left column,
  remove the dollar amount or date indicated in the middle column from
  wherever it appears in the paragraph and add in its place the dollar
  amount or date indicated in the right column.

  ----------------------------------------------------------------------------------------------------------------
                 Paragraph                               Remove                                Add
  ----------------------------------------------------------------------------------------------------------------
  Sec.   702.204........................  $22,587............................  $22,957.
  Sec.   702.204........................  August 1, 2016.....................  January 13, 2017.
  Sec.   702.236........................  $275...............................  $279.
  Sec.   702.236........................  August 1, 2016.....................  January 13, 2017.
  Sec.   702.271(a)(2)..................  August 1, 2016.....................  January 13, 2017.
  Sec.   702.271(a)(2)..................  $2,259.............................  $2,296.
  Sec.   702.271(a)(2)..................  $11,293............................  $11,478.
  ----------------------------------------------------------------------------------------------------------------

  PART 725--CLAIMS FOR BENEFITS UNDER PART C OF TITLE IV OF THE
  FEDERAL MINE SAFETY AND HEALTH ACT, AS AMENDED

  0
  5. The authority citation for part 725 continues to read as follows:

      Authority:  5 U.S.C. 301; 28 U.S.C. 2461 note (Federal Civil
  Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec.
  701; Reorganization Plan No. 6 of 1950, 15 FR 3174; 30 U.S.C. 901 et
  seq., 902(f), 921, 932, 936; 33 U.S.C. 901 et seq.; 42 U.S.C. 405;
  Secretary's Order 10-2009, 74 FR 58834.


  Sec.  725.621   [Amended]

  0
  6. In Sec.  725.621, amend paragraph (d) by removing "August 1, 2016"
  and adding in its place "January 13, 2017" and by removing "$1,375"
  and adding in its place "$1,397".

  PART 726--BLACK LUNG BENEFITS; REQUIREMENTS FOR COAL MINE
  OPERATOR'S INSURANCE

  0
  7. The authority citation for part 726 continues to read as follows:


      Authority:  5 U.S.C. 301; 33 U.S.C. 901 et seq., 902(f), 925,
  932, 933, 934, 936; 33 U.S.C. 901 et seq.; 28 U.S.C. 2461 note
  (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L.
  114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174;
  Secretary's Order 10-2009, 74 FR 58834.


  Sec.  726.302   [Amended]

  0
  8. In the table below, for each paragraph indicated in the left column,
  remove the dollar amount or date indicated in the middle column from
  wherever it appears in the paragraph and add in its place the dollar
  amount or date indicated in the right column.

  ----------------------------------------------------------------------------------------------------------------
                 Paragraph                               Remove                                Add
  ----------------------------------------------------------------------------------------------------------------
  Sec.   726.302(c)(2)(i)...............  August 1, 2016.....................  January 13, 2017.
  Sec.   726.302(c)(2)(i)...............  $134...............................  $136.
  Sec.   726.302(c)(2)(i)...............  268................................  272.
  Sec.   726.302(c)(2)(i)...............  402................................  409.
  Sec.   726.302(c)(2)(i)...............  535................................  544.
  Sec.   726.302(c)(4)..................  August 1, 2016.....................  January 13, 2017.
  Sec.   726.302(c)(4)..................  $134...............................  $136.
  Sec.   726.302(c)(5)..................  August 1, 2016.....................  January 13, 2017.
  Sec.   726.302(c)(5)..................  $402...............................  $409.
  Sec.   726.302(c)(6)..................  August 1, 2016.....................  January 13, 2017.
  Sec.   726.302(c)(6)..................  $2,750.............................  $2,795.
  ----------------------------------------------------------------------------------------------------------------

  Department of Labor

  Wage and Hour Division

  Title 29--Labor

  PART 500--MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

  0
  9. The authority citation for part 500 continues to read as follows:

      Authority:  Pub. L. 97-470, 96 Stat. 2583 (29 U.S.C. 1801-1872);
  Secretary's Order No. 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24,
  2014); 28 U.S.C. 2461 Note (Federal Civil Penalties Inflation
  Adjustment Act of 1990); and Pub. L. 114-74, 129 Stat 584.


  Sec.  500.1  [Amended]

  0
  10. In Sec.  500.1, amend paragraph (e) by removing "$2,355" and
  adding in its place "$2,394".

  PART 501--ENFORCEMENT OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY
  ALIEN AGRICULTURAL WORKERS ADMITTED UNDER SECTION 218 OF THE
  IMMIGRATION AND NATIONALITY ACT

  0
  11. The authority citation for part 501 continues to read as follows:

      Authority: 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), and 1188; 28
  U.S.C. 2461 Note (Federal Civil Penalties Inflation Adjustment Act
  of 1990); and Pub. L. 114-74 at Sec.  701.


  Sec.  501.19  [Amended]

  0
  12. In the table below, for each paragraph indicated in the left
  column, remove the dollar amount indicated in the middle column from
  wherever it appears in the paragraph and add in its place the dollar
  amount indicated in the right column.

  ----------------------------------------------------------------------------------------------------------------
                             Paragraph                                     Remove                    Add
  ----------------------------------------------------------------------------------------------------------------
  Sec.   501.19(c) introductory text............................                   $1,631                   $1,658
  Sec.   501.19(c)(1)...........................................                    5,491                    5,581
  Sec.   501.19(c)(2)...........................................                   54,373                   55,263
  Sec.   501.19(c)(4)...........................................                  108,745                  110,524
  Sec.   501.19(d)..............................................                    5,491                    5,581
  Sec.   501.19(e)..............................................                   16,312                   16,579
  Sec.   501.19(f)..............................................                   16,312                   16,579
  ----------------------------------------------------------------------------------------------------------------

  PART 530--EMPLOYMENT OF HOMEWORKERS IN CERTAIN INDUSTRIES

  0
  13. The authority citation for part 530 continues to read as follows:

      Authority: Sec. 11, 52 Stat. 1066 (29 U.S.C. 211) as amended by
  sec. 9, 63 Stat. 910 (29 U.S.C. 211(d)); Secretary's Order No. 01-
  2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); 28 U.S.C. 2461
  note (Federal Civil Penalties Inflation Adjustment Act of 1990);
  Pub. L. 114-74 at sec. 701, 129 Stat 584.

  0
  14. In Sec.  530.302, amend paragraph (a) by removing "$989" and
  adding in its place "$1,005" and revise paragraph (b) to read as
  follows:


  Sec.  530.302  Amounts of civil penalties.

  * * * * *
      (b) The amount of civil money penalties shall be determined per
  affected homeworker within the limits set forth in the following
  schedule, except that no penalty shall be assessed in the case of
  violations which are deemed to be de minimis in nature:

  ----------------------------------------------------------------------------------------------------------------
                                                                            Penalty per affected homeworker
                                                                   -----------------------------------------------
                         Nature of violation                                                           Repeated,
                                                                         Minor        Substantial   intentional or
                                                                                                        knowing
  ----------------------------------------------------------------------------------------------------------------
  Recordkeeping...................................................         $20-201        $201-402      $402-1,005
  Monetary violations.............................................          20-201         201-402
  Employment of homeworkers without a certificate.................  ..............         201-402       402-1,005
  Other violations of statutes, regulations or employer assurances          20-201         201-402       402-1,005
  ----------------------------------------------------------------------------------------------------------------


  PART 570--CHILD LABOR REGULATIONS, ORDERS AND STATEMENTS OF
  INTERPRETATION

  0
  15. The authority citation for Subpart G of part 570 continues to read
  as follows:

      Authority:  52 Stat. 1060-1069, as amended; 29 U.S.C. 201-219;
  28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment
  Act of 1990); Pub. L. 114-74 at Sec.  701.


  Sec.  570.140  [Amended]

  0
  16. In Sec.  570.140, amend paragraph (b)(1) by removing "$12,080"
  and adding in its place "$12,278" and paragraph (b)(2) by removing
  "$54,910" and adding in its place "$55,808".

  PART 578--MINIMUM WAGE AND OVERTIME VIOLATIONS--CIVIL MONEY
  PENALTIES

  0
  17. The authority citation for part 578 continues to read as follows:

      Authority:  Sec. 9, Pub. L. 101-157, 103 Stat. 938, sec. 3103,
  Pub. L. 101-508, 104 Stat. 1388-29 (29 U.S.C. 216(e)), Pub. L. 101-
  410, 104 Stat. 890 (28 U.S.C. 2461 note), as amended by Pub. L. 104-
  134, section 31001(s), 110 Stat. 1321-358, 1321-373, and Pub. L.
  114-74, 129 Stat 584.


  Sec.  578.3  [Amended]

  0
  18. In Sec.  578.3, amend paragraph (a) by removing "$1,894" and
  adding in its place "$1,925".

  PART 579--CHILD LABOR VIOLATIONS--CIVIL MONEY PENALTIES

  0
  19. The authority citation for part 579 continues to read as follows:

      Authority: 29 U.S.C. 203(l), 211, 212, 213(c), 216; Reorg. Plan
  No. 6 of 1950, 64 Stat. 1263, 5 U.S.C. App; secs. 25, 29, 88 Stat.
  72, 76; Secretary of Labor's Order No. 01-2014 (Dec. 19, 2014), 79
  FR 77527 (Dec. 24, 2014); 28 U.S.C. 2461 Note (Federal Civil
  Penalties Inflation Adjustment Act of 1990); and Pub. L. 114-7, 129
  Stat 584.


  Sec.  579.1  [Amended]

  0
  20. In the table below, for each paragraph indicated in the left
  column, remove the dollar amount indicated in the middle column from
  wherever it appears in the paragraph and add in its place the dollar
  amount indicated in the right column.


  ----------------------------------------------------------------------------------------------------------------
                             Paragraph                                     Remove                    Add
  ----------------------------------------------------------------------------------------------------------------
  Sec.   579.1(a)(1)(i)(A)......................................                  $12,080                  $12,278
  Sec.   579.1(a)(1)(i)(B)......................................                   54,910                   55,808
  Sec.   579.1(a)(2)............................................                    1,894                    1,925
  ----------------------------------------------------------------------------------------------------------------

  PART 801--APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF
  1988

  0
  21. The authority citation for part 801 continues to read as follows:

      Authority:  Pub. L. 100-347, 102 Stat. 646, 29 U.S.C. 2001-2009;
  28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment
  Act of 1990); Pub. L. 114-74 at sec. 701, 129 Stat 584.


  Sec.  801.42  [Amended]

  0
  22. In Sec.  801.42, amend paragraph (a) by removing "$19,787" and
  adding in its place "$20,111".

  PART 825--THE FAMILY AND MEDICAL LEAVE ACT OF 1993

  0
  23. The authority citation for part 825 continues to read as follows:

      Authority: 29 U.S.C. 2654; 28 U.S.C. 2461 Note (Federal Civil
  Penalties Inflation Adjustment Act of 1990); and Pub. L. 114-74 at
  sec. 701.


  Sec.  825.300  [Amended]

  0
  24. In Sec.  825.300 amend paragraph (a)(1) by removing "$163" and
  adding in its place "$166".

  Department of Labor

  Occupational Safety and Health Administration

  Title 29--Labor

  PART 1903--INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES

  0
  25. The authority citation for part 1903 continues to read as follows:

      Authority: Secs. 8 and 9 of the Occupational Safety and Health
  Act of 1970 (29 U.S.C. 657, 658); 5 U.S.C. 553; 28 U.S.C. 2461 note
  (Federal Civil Penalties Inflation Adjustment Act of 1990), as
  amended by Section 701, Pub. L. 114-74; Secretary of Labor's Order
  No. 1-2012 (77 FR 3912, Jan. 25, 2012).


  Sec.  1903.15  [Amended]

  0
  26. In the table below, for each paragraph indicated in the left
  column, remove the dollar amount or date indicated in the middle column
  from wherever it appears in the paragraph and add in its place the
  dollar amount or date indicated in the right column.


  ----------------------------------------------------------------------------------------------------------------
                 Paragraph                               Remove                                Add
  ----------------------------------------------------------------------------------------------------------------
  Sec.   1903.15(d) introductory text...  on or after August 1, 2016.........  after January 13, 2017.
  Sec.   1903.15(d)(1)..................  $8,908.............................  $9,054.
  Sec.   1903.15(d)(1)..................  124,709............................  126,749.
  Sec.   1903.15(d)(2)..................  124,709............................  126,749.
  Sec.   1903.15(d)(3)..................  12,471.............................  12,675.
  Sec.   1903.15(d)(4)..................  12,471.............................  12,675.
  Sec.   1903.15(d)(5)..................  12,471.............................  12,675.
  Sec.   1903.15(d)(6)..................  12,471.............................  12,675.
  ----------------------------------------------------------------------------------------------------------------


  Department of Labor

  Employee Benefits Security Administration

  Title 29--Labor

  PART 2575--ADJUSTMENT OF CIVIL PENALTIES UNDER ERISA TITLE I

  0
  27. The authority citation for subpart A of 29 CFR part 2575 continues
  to read as follows:

      Authority: Pub. L. 101-410, 104 Stat. 890 (28 U.S.C. 2461 note),
  as amended by section 31001(s) of Pub. L. 104-134, 110 Stat. 1321-
  373, and section 701 of Pub. L. 114-74, 129 Stat. 584; 29 U.S.C
  1059(b), 1132(c), 1135 and 1185d; and Secretary of Labor's Order 1-
  2011, 77 FR 1088 (January 9, 2012).


  0
  28. Revise Sec.  2575.3 to read as follows:


  Sec.  2575.3  Subsequent adjustments to civil monetary penalties

      No later than January 15, starting in 2017, and each subsequent
  year, the Secretary shall adjust for inflation, as required by the
  Inflation Adjustment Act, the civil monetary penalties described in
  Sec.  2575.2 for violations occurring on or after November 2, 2015, and
  any future civil monetary penalties enforceable by the Secretary under
  title I of ERISA. The Secretary shall publish such annual adjustments
  in the Federal Register notwithstanding section 553 of the
  Administrative Procedure Act. Future penalties or adjustments to the
  amount of the penalty that are enacted by statute or regulation (other
  than an adjustment for inflation under the Inflation Adjustment Act)
  will not be adjusted for inflation in the first year those penalty
  levels take effect. Annual inflation adjustments shall apply to
  penalties assessed after the date notice of the annual inflation
  adjustment is published in the Federal Register.

  Department of Labor

  Mine Safety and Health Administration

  Title 30--Mineral Resources

  PART 100--CRITERIA AND PROCEDURES FOR PROPOSED ASSESSMENT OF CIVIL
  PENALTIES

  0
  29. The authority citation for part 100 continues to read as follows:

      Authority: 5 U.S.C. 301; 30 U.S.C. 815, 820, 957; 28 U.S.C. 2461
  note (Federal Civil Penalties Inflation Adjustment Act of 1990);
  Pub. L. 114-74 at sec. 701;

  0
  30. In Sec.  100.3, amend paragraph (a)(1) introductory text by
  removing "$68,300" and adding in its place "$69,417" and in
  paragraph (g) by revising Table XIV--Penalty Conversion Table to read
  as follows:

                     Table XIV--Penalty Conversion Table
  ------------------------------------------------------------------------
                           Points                            Penalty  ($)
  ------------------------------------------------------------------------
  60 or fewer.............................................            $129
  61......................................................             140
  62......................................................             151
  63......................................................             165
  64......................................................             178
  65......................................................             193
  66......................................................             209
  67......................................................             227
  68......................................................             245
  69......................................................             266
  70......................................................             288
  71......................................................             312
  72......................................................             339
  73......................................................             367
  74......................................................             396
  75......................................................             430
  76......................................................             467
  77......................................................             504
  78......................................................             547
  79......................................................             593
  80......................................................             642
  81......................................................             695
  82......................................................             753
  83......................................................             816
  84......................................................             884
  85......................................................             958
  86......................................................           1,038
  87......................................................           1,123
  88......................................................           1,218
  89......................................................           1,319
  90......................................................           1,429
  91......................................................           1,547
  92......................................................           1,676
  93......................................................           1,815
  94......................................................           1,967
  95......................................................           2,131
  96......................................................           2,308
  97......................................................           2,500
  98......................................................           2,709
  99......................................................           2,934
  100.....................................................           3,179
  101.....................................................           3,443
  102.....................................................           3,730
  103.....................................................           4,041
  104.....................................................           4,377
  105.....................................................           4,742
  106.....................................................           5,137
  107.....................................................           5,565
  108.....................................................           6,029
  109.....................................................           6,531
  110.....................................................           7,075
  111.....................................................           7,663
  112.....................................................           8,303
  113.....................................................           8,994
  114.....................................................           9,743
  115.....................................................          10,554
  116.....................................................          11,433
  117.....................................................          12,385
  118.....................................................          13,417
  119.....................................................          14,535
  120.....................................................          15,745
  121.....................................................          17,057
  122.....................................................          18,477
  123.....................................................          20,016
  124.....................................................          21,684
  125.....................................................          23,488
  126.....................................................          25,445
  127.....................................................          27,565
  128.....................................................          29,861
  129.....................................................          32,348
  130.....................................................          35,042
  131.....................................................          37,960
  132.....................................................          41,122
  133.....................................................          44,546
  134.....................................................          48,099
  135.....................................................          51,652
  136.....................................................          55,206
  137.....................................................          58,758
  138.....................................................          62,311
  139.....................................................          65,864
  140 or more.............................................          69,417
  ------------------------------------------------------------------------

  * * * * *


  Sec. Sec.  100.4 and 100.5  [Amended]

  0
  31. In the table below, for each paragraph indicated in the left
  column, remove the dollar amount indicated in the middle column from
  wherever it appears in the paragraph and add in its place the dollar
  amount indicated in the right column.

  ----------------------------------------------------------------------------------------------------------------
                             Paragraph                                     Remove                    Add
  ----------------------------------------------------------------------------------------------------------------
  Sec.   100.4(a)...............................................                   $2,277                   $2,314
  Sec.   100.4(b)...............................................                    4,553                    4,627
  Sec.   100.4(c) introductory text.............................                    5,692                    5,785
  Sec.   100.4(c) introductory text.............................                   68,300                   69,417
  Sec.   100.5(c)...............................................                    7,399                    7,520
  Sec.   100.5(d)...............................................                      313                      318
  Sec.   100.5(e)...............................................                  250,433                  254,530
  ----------------------------------------------------------------------------------------------------------------


      Note: The following Appendix will not appear in the Code of
  Federal Regulations.


  --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                   2016                                2017
                                                                                  ------------------------------------------------------------------------
                                                                                     Min penalty                          Min penalty
       Agency               Law            Name/description       CFR citation       (rounded to       Max penalty        (rounded to       Max penalty
                                                                                       nearest     (rounded to nearest      nearest         (rounded to
                                                                                       dollar)            dollar)           dollar)      nearest  dollar)
  --------------------------------------------------------------------------------------------------------------------------------------------------------
  MSHA............  Federal Mine Safety  Regular Assessment.  30 CFR 100.3(A)....  ..............  $68,300............  ..............  $69,417.
                     & Health Act of
                     1977.
  MSHA............  Federal Mine Safety  Penalty Conversion   30 CFR 100.3(G)....            $127  68,300.............            $129  69,417.
                     & Health Act of      Table.
                     1977.
  MSHA............  Federal Mine Safety  Minimum Penalty for  30 CFR 100.4(a)....           2,277  ...................           2,314
                     & Health Act of      any order issued
                     1977.                under 104(d)(1) of
                                          the Mine Act.
  MSHA............  Federal Mine Safety  Minimum penalty for  30 CFR 100.4(b)....           4,553  ...................           4,627
                     & Health Act of      any order issued
                     1977.                under 104(d)(2) of
                                          the Mine Act.
  MSHA............  Federal Mine Safety  Penalty for failure  39 CFR 100.4(c)....           5,692  68,300.............           5,785  69,417.
                     & Health Act of      to provide timely
                     1977.                notification under
                                          103(j) of the Mine
                                          Act.
  MSHA............  Federal Mine Safety  Any operator who     30 CFR 100.5(C)....  ..............  7,399..............  ..............  7,520.
                     & Health Act of      fails to correct a
                     1977.                violation for
                                          which a citation
                                          or order was
                                          issued under
                                          104(a) of the Mine
                                          Act.
  MSHA............  Federal Mine Safety  Violation of         30 CFR 100.5(D)....  ..............  313................  ..............  318.
                     & Health Act of      mandatory safety
                     1977.                standards related
                                          to smoking
                                          standards.
  MSHA............  Federal Mine Safety  Flagrant violations  30 CFR 100.5(e)....  ..............  250,433............  ..............  254,530.
                     & Health Act of      under 110(b)(2) of
                     1977.                the Mine Act.
  EBSA............  Employee Retirement  Section 209(b):      29 CFR 2575.2(a)...  ..............  28.................  ..............  28.
                     Income Security      Failure to furnish
                     Act.                 reports (e.g.,
                                          pension benefit
                                          statements) to
                                          certain former
                                          participants and
                                          beneficiaries or
                                          maintain records.
  EBSA............  Employee Retirement  Section 502(c)(2)--  29 CFR 2575.2(b)...  ..............  2,063..............  ..............  $2,097.
                     Income Security      Per day for
                     Act.                 failure/refusal to
                                          properly file plan
                                          annual report.
  EBSA............  Employee Retirement  Section 502(c)(4)--  29 CFR 2575.2(c)...  ..............  1,632..............  ..............  1,659.
                     Income Security      Per day for
                     Act.                 failure to
                                          disclose certain
                                          documents upon
                                          request under
                                          ERISA 101(k) and
                                          (l); failure to
                                          furnish notices
                                          under 101(j) and
                                          514(e)(3)--each
                                          statutory
                                          recipient a
                                          separate violation.
  EBSA............  Employee Retirement  Section 502(c)(5)--  29 CFR 2575.2(d)...  ..............  1,502..............  ..............  1,527.
                     Income Security      Per day for each
                     Act.                 failure to file
                                          annual report for
                                          Multiple Employer
                                          Welfare
                                          Arrangements
                                          (MEWAs).
  EBSA............  Employee Retirement  Section 502(c)(6)--  29 CFR 2575.2(e)...  ..............  147 per day, not to  ..............  149 per day, not
                     Income Security      Per day for each                                          exceed $1,472 per                    to exceed $1,496
                     Act.                 failure to provide                                        request.                             per request.
                                          Secretary of Labor
                                          requested
                                          documentation not
                                          to exceed a per-
                                          request maximum.
  EBSA............  Employee Retirement  Section 502(c)(7)--  29 CFR 2575.2(f)...  ..............  131................  ..............  133.
                     Income Security      Per day for each
                     Act.                 failure to provide
                                          notices of
                                          blackout periods
                                          and of right to
                                          divest employer
                                          securities--each
                                          statutory
                                          recipient a
                                          separate violation.


  EBSA............  Employee Retirement  Section 502(c)(8)--  29 CFR 2575.2(g)...  ..............  1,296..............  ..............  1,317.
                     Income Security      Per each failure
                     Act.                 by an endangered
                                          status
                                          multiemployer plan
                                          to adopt a funding
                                          improvement plan
                                          or meet
                                          benchmarks;
                                          failure of a
                                          critical status
                                          multiemployer plan
                                          to adopt a
                                          rehabilitation
                                          plan.
  EBSA............  Employee Retirement  Section              29 CFR 2575.2(h)...  ..............  110................  ..............  112.
                     Income Security      502(c)(9)(A)--Per
                     Act.                 day for each
                                          failure by an
                                          employer to inform
                                          employees of CHIP
                                          coverage
                                          opportunities
                                          under Section
                                          701(f)(3)(B)(i)(l)
                                          -each employee a
                                          separate violation.
  EBSA............  Employee Retirement  Section              29 CFR 2575.2(i)...  ..............  110................  ..............  112.
                     Income Security      502(c)(9)(B)--Per
                     Act.                 day for each
                                          failure by a plan
                                          to timely provide
                                          to any State
                                          information
                                          required to be
                                          disclosed under
                                          Section
                                          701(f)(3)(B)(ii),
                                          as added by CHIP
                                          regarding coverage
                                          coordination--each
                                          participant/
                                          beneficiary a
                                          separate violation.
  EBSA............  Employee Retirement  Section 502(c)(10)-- 29 CFR 2575.2(j)(1)  ..............  110................  ..............  112.
                     Income Security      Failure by any
                     Act.                 plan sponsor of
                                          group health plan,
                                          or any health
                                          insurance issuer
                                          offering health
                                          insurance coverage
                                          in connection with
                                          the plan, to meet
                                          the requirements
                                          of Sections
                                          702(a)(1)(F),
                                          (b)(3), (c) or
                                          (d); or Section
                                          701; or Section
                                          702(b)(1) with
                                          respect to genetic
                                          information--daily
                                          per participant
                                          and beneficiary
                                          non-compliance
                                          period.
  EBSA............  Employee Retirement  Section 502(c)(10)-- 29 CFR 2575.2(j)(2)           2,745  ...................          2,790.
                     Income Security      uncorrected de
                     Act.                 minimis violation.
  EBSA............  Employee Retirement  Section 502(c)(10)-- 29 CFR 2575.2(j)(3)          16,473  ...................         16,742.
                     Income Security      uncorrected
                     Act.                 violations that
                                          are not de minimis.
  EBSA............  Employee Retirement  Section 502(c)(10)-- 29 CFR 2575.2(j)(4)  ..............  549,095............  ..............  558,078.
                     Income Security      unintentional
                     Act.                 failure maximum
                                          cap.
  EBSA............  Employee Retirement  Section 502(c)(12)-- 29CFR 2575.2(k)....  ..............  100................  ..............  102.
                     Income Security      Per day for each
                     Act.                 failure of a CSEC
                                          plan in
                                          restoration status
                                          to adopt a
                                          restoration plan.
  EBSA............  Employee Retirement  Section 502(m)--     29 CFR 2575.2(l)...  ..............  15,909.............  ..............  16,169.
                     Income Security      Failure of
                     Act.                 fiduciary to make
                                          a proper
                                          distribution from
                                          a defined benefit
                                          plan under section
                                          206(e) of ERISA.
  EBSA............  Employee Retirement  Failure to provide   29 CFR 2575.2(m)...  ..............  1,087..............  ..............  1,105.
                     Income Security      Summary of
                     Act.                 Benefits Coverage
                                          under PHS Act
                                          section 2715(f),
                                          as incorporated in
                                          ERISA section 715
                                          and 29 CFR
                                          2590.715-2715(e).
  OSHA............  Occupational Safety  Serious Violation..  29 CFR               ..............  12,471.............  ..............  12,675.
                     and Health Act.                           1903.15(d)(3).


  OSHA............  Occupational Safety  Other-Than-Serious.  29 CFR               ..............  12,471.............  ..............  12,675.
                     and Health Act.                           1903.15(d)(4).
  OSHA............  Occupational Safety  Willful............  29 CFR                        8,908  124,709............           9,054  126,749.
                     and Health Act.                           1903.15(d)(1).
  OSHA............  Occupational Safety  Repeated...........  29 CFR               ..............  124,709............  ..............  126,749.
                     and Health Act.                           1903.15(d)(2).
  OSHA............  Occupational Safety  Posting Requirement  29 CFR               ..............  12,471.............  ..............  12,675.
                     and Health Act.                           1903.15(d)(6).
  OSHA............  Occupational Safety  Failure to Abate...  29 CFR               ..............  12,471.............  ..............  12,675.
                     and Health Act.                           1903.15(d)(5).
  WHD.............  Family and Medical   FMLA...............  29 CFR               ..............  163................  ..............  166.
                     Leave Act.                                825.300(a)(1).
  WHD.............  Fair Labor           FLSA...............  29 CFR 578.3(a)....  ..............  1,894..............  ..............  1,925.
                     Standards Act.
  WHD.............  Fair Labor           Child Labor........  29 CFR 579.1(a)(2).  ..............  1,894..............  ..............  1,925.
                     Standards Act.
  WHD.............  Fair Labor           Child Labor........  29 CFR               ..............  12,080.............  ..............  12,278.
                     Standards Act.                            570.140(b)(1).
  WHD.............  Fair Labor           Child Labor........  29 CFR               ..............  12,080.............  ..............  12,278.
                     Standards Act.                            579.1(a)(1)(i)(A).
  WHD.............  Fair Labor           Child Labor that     29 CFR               ..............  54,910.............  ..............  55,808.
                     Standards Act.       causes serious       570.140(b)(2).
                                          injury or death.
  WHD.............  Fair Labor           Child Labor that     29 CFR               ..............  54,910.............  ..............  55,808.
                     Standards Act.       causes serious       579.1(a)(1)(i)(B).
                                          injury or death.
  WHD.............  Fair Labor           CL willful or        29 CFR               ..............  109,820............  ..............  111,616.
                     Standards Act.       repeated that        570.140(b)(2); 29
                                          causes serious       CFR
                                          injury or death.     579.1(a)(1)(i)(B).
  WHD.............  Migrant and          MSPA...............  29 CFR 500.1(e)....  ..............  2,355..............  ..............  2,394.
                     Seasonal
                     Agricultural
                     Worker Protection
                     Act.
  WHD.............  Immigration &        H1B................  20 CFR               ..............  1,782..............  ..............  1,811.
                     Nationality Act.                          655.810(b)(1).
  WHD.............  Immigration &        H1B retaliation....  20 CFR 655.801(b)..  ..............  7,251..............  ..............  7,370.
                     Nationality Act.
  WHD.............  Immigration &        H1B willful or       20 CFR               ..............  7,251..............  ..............  7,370.
                     Nationality Act.     discrimination.      655.810(b)(2).
  WHD.............  Immigration &        H1B willful that     20 CFR               ..............  50,758.............  ..............  51,588.
                     Nationality Act.     resulted in          655.810(b)(3).
                                          displacement of a
                                          US worker.
  WHD.............  Immigration &        D-1................  20 CFR 655.620(a)..  ..............  8,908..............  ..............  9,054.
                     Nationality Act.
  WHD.............  Contract Work Hours  CWHSSA.............  29 CFR 5.5(b)(2)...  ..............  25.................  ..............  25.
                     and Safety
                     Standards Act.
  WHD.............  Contract Work Hours  CWHSSA.............  29 CFR 5.8(a)......  ..............  25.................  ..............  25.
                     and Safety
                     Standards Act.
  WHD.............  Walsh-Healey Public  Walsh-Healey.......  41 CFR 50-201.3(e).  ..............  25.................  ..............  25.
                     Contracts Act.
  WHD.............  Employee Polygraph   EPPA...............  29 CFR 801.42(a)...  ..............  19,787.............  ..............  20,111
                     Protection Act.
  WHD.............  Immigration &        H2A................  29 CFR 501.19(c)...  ..............  1,631..............  ..............  1,658.
                     Nationality Act.
  WHD.............  Immigration &        H2A willful or       29 CFR 501.19(c)(1)  ..............  5,491..............  ..............  5,581.
                     Nationality Act.     discrimination.
  WHD.............  Immigration &        H2A Safety or        29 CFR 501.19(c)(2)  ..............  54,373.............  ..............  55,263.
                     Nationality Act.     health resulting
                                          in serious injury
                                          or death.
  WHD.............  Immigration &        H2A willful or       29 CFR 501.19(c)(4)  ..............  108,745............  ..............  110,524.
                     Nationality Act.     repeated safety or
                                          health resulting
                                          in serious injury
                                          or death.
  WHD.............  Immigration &        H2A failing to       29 CFR 501.19(d)...  ..............  5,491..............  ..............  5,581.
                     Nationality Act.     cooperate in an
                                          investigation.
  WHD.............  Immigration &        H2A displacing a US  29 CFR 501.19(e)...  ..............  16,312.............  ..............  16,579.
                     Nationality Act.     worker.
  WHD.............  Immigration &        H2A improperly       29 CFR 501.19(f)...  ..............  16,312.............  ..............  16,579.
                     Nationality Act.     rejecting a US
                                          worker.
  WHD.............  Fair Labor           Home Worker........  29 CFR 530.302(a)..  ..............  989................  ..............  1,005.
                     Standards Act.
  WHD.............  Fair Labor           Home Worker........  29 CFR 530.302(b)..              20  989................              20  1,005.
                     Standards Act.
  OWCP............  Longshore and        Failure to file      20 CFR 702.204.....  ..............  22,587.............  ..............  22,957.
                     Harbor Workers'      first report of
                     Compensation Act.    injury or filing a
                                          false statement or
                                          misrepresentation
                                          in first report.
  OWCP............  Longshore and        Failure to report    20 CFR 702.236.....  ..............  275................  ..............  279.
                     Harbor Workers'      termination of
                     Compensation Act.    payments.
  OWCP............  Longshore and        Discrimination       20 CFR                        2,259  11,293.............           2,296  11,478.
                     Harbor Workers'      against employees    702.271(a)(2).
                     Compensation Act.    who claim
                                          compensation or
                                          testify in a LHWCA
                                          proceeding.
  OWCP............  Black Lung Benefits  Failure to report    20 CFR 725.621(d)..  ..............  1,375..............  ..............  1,397.
                     Act.                 termination of
                                          payments.
  OWCP............  Black Lung Benefits  Failure to file      20 CFR 725.621(d)..  ..............  1,375..............  ..............  1,397.
                     Act.                 required reports.


  OWCP............  Black Lung Benefits  Failure to secure    20 CFR 726.300.....  ..............  2,500..............  ..............  2,541.
                     Act.                 payment of
                                          benefits.
  OWCP............  Black Lung Benefits  Failure to secure    20 CFR                          134  ...................             136
                     Act.                 payment of           726.302(c)(2)(i).
                                          benefits for mines
                                          with fewer than 25
                                          employees.
  OWCP............  Black Lung Benefits  Failure to secure    20 CFR                          268  ...................             272
                     Act.                 payment of           726.302(c)(2)(i).
                                          benefits for mines
                                          with 25-50
                                          employees.
  OWCP............  Black Lung Benefits  Failure to secure    20 CFR                          402  ...................             409
                     Act.                 payment of           726.302(c)(2)(i).
                                          benefits for mines
                                          with 51-100
                                          employees.
  OWCP............  Black Lung Benefits  Failure to secure    20 CFR                          535  ...................             544
                     Act.                 payment of           726.302(c)(2)(i).
                                          benefits for mines
                                          with more than 100
                                          employees.
  OWCP............  Black Lung Benefits  Failure to secure    20 CFR                          134  ...................             136
                     Act.                 payment of           726.302(c)(4).
                                          benefits after
                                          10th day of notice.
  OWCP............  Black Lung Benefits  Failure to secure    20 CFR                          402  ...................             409
                     Act.                 payment of           726.302(c)(5).
                                          benefits for
                                          repeat offenders.
  OWCP............  Black Lung Benefits  Failure to secure    20 CFR               ..............  2,750..............  ..............  2,795.
                     Act.                 payment of           726.302(c)(5).
                                          benefits.
  --------------------------------------------------------------------------------------------------------------------------------------------------------


      Signed at Washington, DC this 9th day of January, 2017.
  Thomas E. Perez,
  Secretary, U.S. Department of Labor.
  [FR Doc. 2017-00614 Filed 1-13-17; 4:15 pm]
   BILLING CODE 4510-HL-P




Federal Registers - Table of Contents

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