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January 23, 2019 Newswires
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Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2019

Federal Register

Final rule.

CFR Part: "20 CFR Part 655"; "20 CFR Parts 702, 725, 726"; "29 CFR Part 5"; "41 CFR Part 50-201"; "29 CFR Parts 500, 501, 503, 530, 570, 578, 579, 801, 825"; "29 CFR Parts 1902, 1903"; "29 CFR Part 2560, 2575, 2590"; "30 CFR Part 100"

RIN Number: "RIN 1290-AA33"

Citation: "84 FR 213"

Page Number: "213"

"Rules and Regulations"

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."

SUMMARY: The U.S. Department of Labor (Department) is publishing this final rule to adjust for inflation the civil monetary penalties assessed or enforced by the Department, 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 2019 annual adjustments for inflation to its civil monetary penalties.

   DATES: This final rule is effective on January 23, 2019. 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: Erin FitzGerald, Senior Policy Advisor, U.S. Department of Labor, Room S-2312, 200 Constitution Avenue NW, Washington, DC 20210; telephone: (202) 693-5076 (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 2019

III. Paperwork Reduction Act

IV. Administrative Procedure Act

V. Executive Order 12866: Regulatory Planning and Review, Executive Order 13563: Improving Regulation and Regulatory Review, and Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs

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

VII. 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 no later than January 15 of each year.

On July 1, 2016, the Department published an IFR that established the initial catch-up adjustment for most civil penalties that the Department administers and requested comments. See 81 FR 43430 (DOL IFR). On January 18, 2017, the Department published the final rule establishing the 2017 Annual Adjustment for those civil monetary penalties adjusted in the DOL IFR. See 82 FR 5373 (DOL 2017 Annual Adjustment). On July 1, 2016, the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) (collectively, "the Departments") jointly published an IFR that established the initial catch-up adjustment for civil monetary penalties assessed or enforced in connection with the employment of temporary nonimmigrant workers under the H-2B program. See 81 FR 42983 (Joint IFR). On March 17, 2017, the Departments jointly published the final rule establishing the 2017 Annual Adjustment for the H-2B civil monetary penalties. See 82 FR 14147 (Joint 2017 Annual Adjustment). The Joint 2017 Annual Adjustment also explained that DOL would make future adjustments to the H-2B civil monetary penalties consistent with DOL's delegated authority under 8 U.S.C. 1184(c)(14), Immigration and Nationality Act section 214(c)(14), and the Inflation Adjustment Act. See 82 FR 14147-48. On January 2, 2018, the Department published the final rule establishing the 2018 Annual Adjustment for civil monetary penalties assessed or enforced by the Department, including H-2B civil monetary penalties. See 83 FR 7 (DOL 2018 Annual Adjustment).

This rule implements the 2019 annual inflation adjustments, as required by the Inflation Adjustment Act, for civil monetary penalties assessed or enforced by the Department, including H-2B civil monetary penalties. /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.

   FOOTNOTE 1 The Department is also responsible for administering and enforcing a newly-enacted civil monetary penalty under the Fair Labor Standards Act (see Pub. L. 115-141, sec. 1201 (2018)), but the Inflation Adjustment Act does not require the Department to adjust this new penalty in 2019 because Congress enacted the penalty within the preceding 12 months. See 28 U.S.C. 2462 Note, sec. 4(d); OMB Circular M-16-06. END FOOTNOTE

II. Adjustment for 2019

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 is the amount established by the 2018 annual adjustment as set forth in the DOL 2018 Annual Adjustment published on January 2, 2018.

   FOOTNOTE 2 M-19-04, Implementation of Penalty Inflation Adjustments for 2019, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 14, 2018). END FOOTNOTE

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 2018 CPI-U and the October 2017 CPI-U. The cost-of-living adjustment multiplier for 2019, based on the Consumer Price Index (CPI-U) for the month of October 2018, not seasonally adjusted, is 1.02522. /3/ In order to compute the 2019 annual adjustment, the Department multiplied the most recent penalty amount for each applicable penalty by the multiplier, 1.02522, and rounded to the nearest dollar.

   FOOTNOTE 3 OMB provided the year-over-year multiplier, rounded to 5 decimal points. Id. at 1. END FOOTNOTE

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 23, 2019, whose associated violations occurred after November 2, 2015, the higher penalty amounts outlined in this rule will apply. The tables below demonstrate the penalty amounts that apply:

   FOOTNOTE 4 Appendix 1 consists of a table that provides ready access to key information about each penalty. END FOOTNOTE

 Civil Monetary Penalties for the H-2B Temporary Non-Agricultural Worker Program                                                                                                                           Violations occurring                                              Penalty assessed                                                  Which penalty level applies                                        On or before November 2, 2015                                     On or before August 1, 2016                                       Pre-August 1, 2016 levels.                                         On or before November 2, 2015                                     After August 1, 2016                                              Pre-August 1, 2016 levels.                                         After November 2, 2015                                            After August 1, 2016, but on or before March 17, 2017             August 1, 2016 levels.                                             After November 2, 2015                                            After March 17, 2017 but on or before January 2, 2018             March 17, 2017 levels.                                             After November 2, 2015                                            After January 2, 2018 but on or before January 23, 2019           January 2, 2018 levels.                                            After November 2, 2015                                            After January 23, 2019                                            January 23, 2019 levels.                                            
 Civil Monetary Penalties for Other DOL Programs                                                                                                                                                           Violations occurring                                              Penalty assessed                                                  Which penalty level applies                                        On or before November 2, 2015                                     On or before August 1, 2016                                       Pre-August 1, 2016 levels.                                         On or before November 2, 2015                                     After August 1, 2016                                              Pre-August 1, 2016 levels.                                         After November 2, 2015                                            After August 1, 2016, but on or before January 13, 2017           August 1, 2016 levels.                                             After November 2, 2015                                            After January 13, 2017 but on or before January 2, 2018           January 13, 2017 levels.                                           After November 2, 2015                                            After January 2, 2018 but on or before January 23, 2019           January 2, 2018 levels.                                            After November 2, 2015                                            After January 23, 2019                                            January 23, 2019 levels.                                            

III. 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.

IV. 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.

V. Executive Order 12866: Regulatory Planning and Review, Executive Order 13563: Improving Regulation and Regulatory Review, and Executive Order 13771: Reducing Regulation and Controlling Regulatory Costs

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. This rule is not an Executive Order 13771 regulatory action because this rule is not significant under Executive Order 12866.

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.

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 Executive Order 13563.

VI. 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.

VII. Other Regulatory Considerations

A. The Unfunded Mandates Reform Act of 1995

The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538, requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or Tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. This Final Rule will not result in such an expenditure. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995.

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. See also 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, Maine, New Jersey, New York, 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. They 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 part 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 final rule meets the applicable standards provided in section 3 of Executive Order 12988.

   List of Subjects

20 CFR Part 655

Immigration, Labor, Penalties.

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 503

Administrative practice and procedure, Aliens, Employment, Housing, Immigration, 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 Parts 1902 and 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.

41 CFR Part 50-201

Child labor, Government procurement, Minimum wages, Occupational safety and health, Reporting and recordkeeping requirements.

For the reasons set out in the preamble, 20 CFR chapters V and VI, 29 CFR subtitle A and chapters V, XVII, and XXV, 30 CFR chapter I, and 41 CFR subtitle B 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

   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]

    2. In the following table, 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)                                                   $ 9,239                                                           $ 9,472                                                            [Sec.]  655.801(b)                                                   7,520                                                             7,710                                                              [Sec.]  655.810(b)(1) introductory text                              1,848                                                             1,895                                                              [Sec.]  655.810(b)(2) introductory text                              7,520                                                             7,710                                                              [Sec.]  655.810(b)(3) introductory text                              52,641                                                            53,969                                                              

DEPARTMENT OF LABOR

Office of Workers' Compensation Programs

   PART 702--ADMINISTRATION AND PROCEDURE

   3. The authority citation for part 702 is revised 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]

   4. In the following table, 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 section or paragraph and add in its place the dollar amount or date indicated in the right column.

                                                                                                                                                                                                         Section/paragraph                                                 Remove                                                            Add                                                                [Sec.]  702.204                                                      $ 23,426                                                          $ 24,017.                                                          [Sec.]  702.204                                                      January 2, 2018                                                   January 23, 2019.                                                  [Sec.]  702.236                                                      $ 285                                                             $ 292.                                                             [Sec.]  702.236                                                      January 2, 2018                                                   January 23, 2019.                                                  [Sec.]  702.271(a)(2)                                                January 2, 2018                                                   January 23, 2019.                                                  [Sec.]  702.271(a)(2)                                                $ 2,343                                                           $ 2,402.                                                           [Sec.]  702.271(a)(2)                                                $ 11,712                                                          $ 12,007.                                                           

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

   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; 30 U.S.C. 901 et seq.; 42 U.S.C. 405; Secretary's Order 10-2009, 74 FR 58834.

SEC 725.621[Amended]

    6. In SEC 725.621, amend paragraph (d) by removing "January 2, 2018" and adding in its place "January 23, 2019" and by removing "$1,426" and adding in its place "$1,462".

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

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

Authority:5 U.S.C. 301; 30 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]

   8. In the following table, 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) introductory text                           January 2, 2018                                                   January 23, 2019.                                                  [Sec.]  726.302(c)(2)(i) table                                       $ 139                                                             $ 143.                                                             [Sec.]  726.302(c)(2)(i) table                                       278                                                               285.                                                               [Sec.]  726.302(c)(2)(i) table                                       417                                                               428.                                                               [Sec.]  726.302(c)(2)(i) table                                       555                                                               569.                                                               [Sec.]  726.302(c)(4)                                                January 2, 2018                                                   January 23, 2019.                                                  [Sec.]  726.302(c)(4)                                                $ 139                                                             $ 143.                                                             [Sec.]  726.302(c)(5)                                                January 2, 2018                                                   January 23, 2019.                                                  [Sec.]  726.302(c)(5)                                                $ 417                                                             $ 428.                                                             [Sec.]  726.302(c)(6)                                                January 2, 2018                                                   January 23, 2019.                                                  [Sec.]  726.302(c)(6)                                                $ 2,852                                                           $ 2,924.                                                            

DEPARTMENT OF LABOR

Wage and Hour Division

Title 29--Labor

   PART 5--LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY FINANCED AND ASSISTED CONSTRUCTION (ALSO LABOR STANDARDS PROVISIONS APPLICABLE TO NONCONSTRUCTION CONTRACTS SUBJECT TO THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT)

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

Authority:5 U.S.C. 301; R.S. 161, 64 Stat. 1267; Reorganization Plan No. 14 of 1950, 5 U.S.C. appendix; 40 U.S.C. 3141 et seq.; 40 U.S.C. 3145; 40 U.S.C. 3148; 40 U.S.C. 3701 et seq.; and the laws listed in 5.1(a) of this part; 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.

SEC 5.5[Amended]

    10. In SEC 5.5, amend paragraph (b)(2) by removing "$26" and adding in its place "$27".

SEC 5.8[Amended]

    11. In SEC 5.8, amend paragraph (a) by removing "$26" and adding in its place "$27".

   PART 500--MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

   12. 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]

   13. In SEC 500.1, amend paragraph (e) by removing "$2,443" and adding in its place "$2,505".

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

   14. 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]

    15. In the following table, 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                                  $ 1,692                                                           $ 1,735                                                            [Sec.]  501.19(c)(1)                                                 5,695                                                             5,839                                                              [Sec.]  501.19(c)(2)                                                 56,391                                                            57,813                                                             [Sec.]  501.19(c)(4)                                                 112,780                                                           115,624                                                            [Sec.]  501.19(d)                                                    5,695                                                             5,839                                                              [Sec.]  501.19(e)                                                    16,917                                                            17,344                                                             [Sec.]  501.19(f)                                                    16,917                                                            17,344                                                              

   PART 503--ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT--[AMENDED]

   16. The authority citation for part 503 continues to read as follows:

Authority:8 U.S.C. 1101(a)(15)(H)(ii)(b); 8 U.S.C. 1184; 8 CFR 214.2(h); 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at SEC 701.

SEC 503.23[Amended]

   17. In the following table, 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.]  503.23(b)                                                    $ 12,383                                                          $ 12,695                                                           [Sec.]  503.23(c)                                                    12,383                                                            12,695                                                             [Sec.]  503.23(d)                                                    12,383                                                            12,695                                                              

   PART 530--EMPLOYMENT OF HOMEWORKERS IN CERTAIN INDUSTRIES

   18. 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.

   19. In SEC 530.302, amend paragraph (a) by removing "$1,026" and adding in its place "$1,052" and revise paragraph (b).

The revision reads as follows:

SEC 530.302Amounts 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                               Minor                                             Substantial                                       Repeated,                                                                                                                                                                                                intentional                                                                                                                                                                                              or knowing Recordkeeping                                     $ 21-210                                          $ 210-421                                         $ 421-1,052                                        Monetary violations                               21-210                                            210-421                                                                                              Employment of homeworkers without a certificate   210-421                                           421-1,052                                                                                            Other violations of statutes, regulations or      21-210                                            210-421                                           421-1,052                                          employer assurances                                                                                                                                                                                       

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

   20. 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]

   21. In SEC 570.140, amend paragraph (b)(1) by removing "$12,529" and adding in its place "$12,845" and paragraph (b)(2) by removing "$56,947" and adding in its place "$58,383".

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

   22. 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]

   23. In SEC 578.3, amend paragraph (a) by removing "$1,964" and adding in its place "$2,014".

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

   24. 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]

    25. In the following table, 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)                                            $ 12,529                                                          $ 12,845                                                           [Sec.]  579.1(a)(1)(i)(B)                                            56,947                                                            58,383                                                             [Sec.]  579.1(a)(2)                                                  1,964                                                             2,014                                                               

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

   26. 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]

   27. In SEC 801.42 amend paragraph (a) introductory text by removing "$20,521" and adding in its place "$21,039".

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

   28. 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]

    29. In SEC 825.300 amend paragraph (a)(1) by removing "$169" and adding in its place "$173".

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

Title 29--Labor

   PART 1903--INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES

   30. 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]

   31. In the following table, 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                                 January 2, 2018                                                   January 23, 2019.                                                  [Sec.]  1903.15(d)(1)                                                $ 9,239                                                           $ 9,472.                                                           [Sec.]  1903.15(d)(1)                                                $ 129,336                                                         $ 132,598.                                                         [Sec.]  1903.15(d)(2)                                                $ 129,336                                                         $ 132,598.                                                         [Sec.]  1903.15(d)(3)                                                $ 12,934                                                          $ 13,260.                                                          [Sec.]  1903.15(d)(4)                                                $ 12,934                                                          $ 13,260.                                                          [Sec.]  1903.15(d)(5)                                                $ 12,934                                                          $ 13,260.                                                          [Sec.]  1903.15(d)(6)                                                $ 12,934                                                          $ 13,260.                                                           

DEPARTMENT OF LABOR

Mine Safety and Health Administration

Title 30--Mineral Resources

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

   32. 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.

   33. In SEC 100.3, amend paragraph (a)(1) introductory text by removing "$70,834" and adding in its place "$72,620" and in paragraph (g) by revising Table XIV-Penalty Conversion Table.

The revision reads as follows:

SEC 100.3Determination of penalty amount; regular assessment.

*****

(g) * * *

 Table XIV-Penalty Conversion Table                                                                                                                                                                      Points                                                                                              Penalty                                                                                                                                                                                                  ( $ )                                                                                                60 or fewer                                                                                         $ 135                                                                                                61                                                                                                  147                                                                                                  62                                                                                                  158                                                                                                  63                                                                                                  172                                                                                                  64                                                                                                  187                                                                                                  65                                                                                                  202                                                                                                  66                                                                                                  218                                                                                                  67                                                                                                  238                                                                                                  68                                                                                                  256                                                                                                  69                                                                                                  278                                                                                                  70                                                                                                  301                                                                                                  71                                                                                                  326                                                                                                  72                                                                                                  355                                                                                                  73                                                                                                  383                                                                                                  74                                                                                                  414                                                                                                  75                                                                                                  450                                                                                                  76                                                                                                  489                                                                                                  77                                                                                                  527                                                                                                  78                                                                                                  572                                                                                                  79                                                                                                  620                                                                                                  80                                                                                                  672                                                                                                  81                                                                                                  727                                                                                                  82                                                                                                  787                                                                                                  83                                                                                                  854                                                                                                  84                                                                                                  925                                                                                                  85                                                                                                  1003                                                                                                 86                                                                                                  1,086                                                                                                87                                                                                                  1,175                                                                                                88                                                                                                  1,274                                                                                                89                                                                                                  1,380                                                                                                90                                                                                                  1,495                                                                                                91                                                                                                  1,619                                                                                                92                                                                                                  1,753                                                                                                93                                                                                                  1,899                                                                                                94                                                                                                  2,058                                                                                                95                                                                                                  2,229                                                                                                96                                                                                                  2,414                                                                                                97                                                                                                  2,615                                                                                                98                                                                                                  2,834                                                                                                99                                                                                                  3,070                                                                                                100                                                                                                 3,326                                                                                                101                                                                                                 3,602                                                                                                102                                                                                                 3,902                                                                                                103                                                                                                 4,227                                                                                                104                                                                                                 4,579                                                                                                105                                                                                                 4,961                                                                                                106                                                                                                 5,374                                                                                                107                                                                                                 5,822                                                                                                108                                                                                                 6,307                                                                                                109                                                                                                 6,832                                                                                                110                                                                                                 7,401                                                                                                111                                                                                                 8,016                                                                                                112                                                                                                 8,686                                                                                                113                                                                                                 9,409                                                                                                114                                                                                                 10,193                                                                                               115                                                                                                 11,041                                                                                               116                                                                                                 11,960                                                                                               117                                                                                                 12,957                                                                                               118                                                                                                 14,036                                                                                               119                                                                                                 15,206                                                                                               120                                                                                                 16,471                                                                                               121                                                                                                 17,844                                                                                               122                                                                                                 19,329                                                                                               123                                                                                                 20,940                                                                                               124                                                                                                 22,685                                                                                               125                                                                                                 24,571                                                                                               126                                                                                                 26,619                                                                                               127                                                                                                 28,837                                                                                               128                                                                                                 31,238                                                                                               129                                                                                                 33,840                                                                                               130                                                                                                 36,659                                                                                               131                                                                                                 39,712                                                                                               132                                                                                                 43,019                                                                                               133                                                                                                 46,601                                                                                               134                                                                                                 50,319                                                                                               135                                                                                                 54,035                                                                                               136                                                                                                 57,754                                                                                               137                                                                                                 61,469                                                                                               138                                                                                                 65,187                                                                                               139                                                                                                 68,903                                                                                               140 or more                                                                                         72,620                                                                                                

*****

SEC SEC 100.4 and 100.5[Amended]

   34. In the following table, 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)                                                     $ 2,361                                                           $ 2,421                                                            [Sec.]  100.4(b)                                                     4,721                                                             4,840                                                              [Sec.]  100.4(c) introductory text                                   5,903                                                             6,052                                                              [Sec.]  100.4(c) introductory text                                   70,834                                                            72,620                                                             [Sec.]  100.5(c)                                                     7,673                                                             7,867                                                              [Sec.]  100.5(d)                                                     324                                                               332                                                                [Sec.]  100.5(e)                                                     259,725                                                           266,275                                                             

Title 41--Public Contracts and Property Management

   PART 50-201--GENERAL REGULATIONS

   35. The authority citation for part 50-201 continues to read as follows:

Authority:Sec. 4, 49 Stat. 2038; 41 U.S.C. 38. Interpret or apply sec. 6, 49 Stat. 2038, as amended; 41 U.S.C. 40; 108 Stat. 7201; 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 50-201.3[Amended]

   36. In SEC 50-201.3, amend paragraph (e) by removing "$26" and adding in its place "$27".

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

     See table in Original Document.  

   Signed at Washington, DC, this 10th day of January, 2019.

R. Alexander Acosta,

Secretary, U.S. Department of Labor.

[FR Doc. 2019-00089 Filed 1-22-19; 8:45 am]

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