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Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2020

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Start Preamble

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.

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 Start Printed Page 22932015 (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 2020 annual adjustments for inflation to its civil monetary penalties.

DATES:

This final rule is effective on January 15, 2020. As provided by the Inflation Adjustment Act, the increased penalty levels apply to any penalties assessed after January 15, 2020.

Start Further Info

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.

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

Preamble Table of Contents

I. Background

II. Adjustment for 2020

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). On January 23, 2019, the Department published the final rule establishing the 2019 Annual Adjustment for civil monetary penalties assessed or enforced by the Department, including H-2B civil monetary penalties. See 84 FR 213 (DOL 2019 Annual Adjustment).

This rule implements the 2020 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.

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

Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), the Office of Information and Regulatory Affairs designated this rule as not a `major rule,' as defined by 5 U.S.C. 804(2).

II. Adjustment for 2020

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 2019 annual adjustment as set forth in the DOL 2019 Annual Adjustment published on January 23, 2019. 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 2019 CPI-U and the October 2018 CPI-U. The cost-of-living adjustment multiplier for 2020, based on the Consumer Price Index (CPI-U) for the month of October 2019, not seasonally adjusted, is 1.01764.[3] In Start Printed Page 2294order to compute the 2020 annual adjustment, the Department multiplied the most recent penalty amount for each applicable penalty by the multiplier, 1.01764, and rounded to the nearest dollar. This resulted in increases to all but four of the penalties administered by the Department, as set forth in the Appendix.

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 15, 2020, 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:

Civil Monetary Penalties for the H-2B Temporary Non-Agricultural Worker Program

Violations occurringPenalty assessedWhich penalty level applies
On or before November 2, 2015On or before August 1, 2016Pre-August 1, 2016 levels.
On or before November 2, 2015After August 1, 2016Pre-August 1, 2016 levels.
After November 2, 2015After August 1, 2016, but on or before March 17, 2017August 1, 2016 levels.
After November 2, 2015After March 17, 2017 but on or before January 2, 2018March 17, 2017 levels.
After November 2, 2015After January 2, 2018 but on or before January 23, 2019January 2, 2018 levels.
After November 2, 2015After January 23, 2019 but on or before January 15, 2020January 23, 2019 levels.
After November 2, 2015After January 15, 2020January 15, 2020 levels.

Civil Monetary Penalties for Other DOL Programs

Violations occurringPenalty assessedWhich penalty level applies
On or before November 2, 2015On or before August 1, 2016Pre-August 1, 2016 levels.
On or before November 2, 2015After August 1, 2016Pre-August 1, 2016 levels.
After November 2, 2015After August 1, 2016, but on or before January 13, 2017August 1, 2016 levels.
After November 2, 2015After January 13, 2017 but on or before January 2, 2018January 13, 2017 levels.
After November 2, 2015After January 2, 2018 but on or before January 23, 2019January 2, 2018 levels.
After November 2, 2015After January 23, 2019 but on or before January 15, 2020January 23, 2019 levels.
After November 2, 2015After January 15, 2020January 15, 2020 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 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.

The Inflation Adjustment Act directed the Department to issue the annual Start Printed Page 2295adjustments 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 Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 667) requires Occupational Safety and Health Administration (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 § 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 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. Mine Safety and Health Administration (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 Start Printed Page 2296drafting 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.

Start List of Subjects

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 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 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
End List of Subjects

For the reasons set out in the preamble, 20 CFR chapters V and VI, 29 CFR subtitle A and 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

Start Part

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

End Part Start Amendment Part

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

End Amendment Part Start Authority

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); and sec. 6, Pub. L. 115-128, 132 Stat. 1547 (48 U.S.C. 1806).

End Authority

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).

Subpart E issued under 48 U.S.C. 1806.

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).

Start Amendment Part

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.

End Amendment Part
ParagraphRemoveAdd
§ 655.620(a)$9,472$9,639
§ 655.801(b)7,7107,846
§ 655.810(b)(1) introductory text1,8951,928
§ 655.810(b)(2) introductory text7,7107,846
§ 655.810(b)(3) introductory text53,96954,921

DEPARTMENT OF LABOR

Office of Workers' Compensation Programs

Start Part

PART 702—ADMINISTRATION AND PROCEDURE

End Part Start Amendment Part

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

End Amendment Part Start Authority

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.

End Authority Start Amendment Part

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 Start Printed Page 2297amount or date indicated in the right column.

End Amendment Part
Section/paragraphRemoveAdd
§ 702.204$24,017$24,441.
§ 702.204January 23, 2019January 15, 2020.
§ 702.236$292$297.
§ 702.236January 23, 2019January 15, 2020.
§ 702.271(a)(2)January 23, 2019January 15, 2020.
§ 702.271(a)(2)$2,402$2,444.
§ 702.271(a)(2)$12,007$12,219.
Start Part

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

End Part Start Amendment Part

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

End Amendment Part Start Authority

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.

End Authority
[Amended]
Start Amendment Part

6. In § 725.621, amend paragraph (d) by removing “January 23, 2019” and adding in its place “January 15, 2020” and by removing “$1,462” and adding in its place “$1,488”.

End Amendment Part Start Part

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

End Part Start Amendment Part

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

End Amendment Part Start Authority

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.

End Authority
[Amended]
Start Amendment Part

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.

End Amendment Part
ParagraphRemoveAdd
§ 726.302(c)(2)(i) table Introductory textJanuary 23, 2019January 15, 2020.
§ 726.302(c)(2)(i) table$143$146.
§ 726.302(c)(2)(i) table285290.
§ 726.302(c)(2)(i) table428436.
§ 726.302(c)(2)(i) table569579.
§ 726.302(c)(4)January 23, 2019January 15, 2020.
§ 726.302(c)(4)$143$146.
§ 726.302(c)(5)January 23, 2019January 15, 2020.
§ 726.302(c)(5)$428$436.
§ 726.302(c)(6)January 23, 2019January 15, 2020.
§ 726.302(c)(6)$2,924$2,976.

DEPARTMENT OF LABOR

Wage and Hour Division

Title 29—Labor

Start Part

PART 500—MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

End Part Start Amendment Part

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

End Amendment Part Start Authority

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.

End Authority
[Amended]
Start Amendment Part

10. In § 500.1, amend paragraph (e) by removing “$2,505” and adding in its place “$2,549”.

End Amendment Part Start Part

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

End Part Start Amendment Part

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

End Amendment Part Start Authority

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 § 701.

End Authority
[Amended]
Start Amendment Part

12. 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.

End Amendment Part
ParagraphRemoveAdd
§ 501.19(c) introductory text$1,735$1,766
§ 501.19(c)(1)5,8395,942
§ 501.19(c)(2)57,81358,833
§ 501.19(c)(4)115,624117,664
§ 501.19(d)5,8395,942
§ 501.19(e)17,34417,650
§ 501.19(f)17,34417,650
Start Part

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

End Part Start Amendment Part

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

End Amendment Part Start Authority

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 § 701.

End Authority
Start Printed Page 2298
[Amended]
Start Amendment Part

14. 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:

End Amendment Part
ParagraphRemoveAdd
§ 503.23(b)$12,695$12,919
§ 503.23(c)12,69512,919
§ 503.23(d)12,69512,919
Start Part

PART 530—EMPLOYMENT OF HOMEWORKERS IN CERTAIN INDUSTRIES

End Part Start Amendment Part

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

End Amendment Part Start Authority

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.

End Authority Start Amendment Part

16. In § 530.302, amend paragraph (a) by removing “$1,052” and adding in its place “$1,071” and revise paragraph (b).

End Amendment Part

The revision reads as follows:

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:

Nature of violationPenalty per affected homeworker
MinorSubstantialRepeated, intentional or knowing
Recordkeeping$21-214$214-428$428-1,071
Monetary violations21-214214-428
Employment of homeworkers without a certificate214-428428-1,071
Other violations of statutes, regulations or employer assurances21-214214-428428-1,071
Start Part

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

End Part Start Amendment Part

17. The authority citation for subpart G of part 570 continues to read as follows:

End Amendment Part Start Authority

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 § 701.

End Authority
[Amended]
Start Amendment Part

18. In § 570.140, amend paragraph (b)(1) by removing “$12,845” and adding in its place “$13,072” and paragraph (b)(2) by removing “$58,383” and adding in its place “$59,413”.

End Amendment Part Start Part

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

End Part Start Amendment Part

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

End Amendment Part Start Authority

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.

End Authority
[Amended]
Start Amendment Part

20. In § 578.3, amend paragraph (a) by removing “$2,014” and adding in its place “$2,050”.

End Amendment Part Start Part

PART 579—CHILD LABOR VIOLATIONS—CIVIL MONEY PENALTIES

End Part Start Amendment Part

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

End Amendment Part Start Authority

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.

End Authority
[Amended]
Start Amendment Part

22. 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.

End Amendment Part
ParagraphRemoveAdd
§ 579.1(a)(1)(i)(A)$12,845$13,072
§ 579.1(a)(1)(i)(B)58,38359,413
§ 579.1(a)(2)2,0142,050
Start Part

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

End Part Start Amendment Part

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

End Amendment Part Start Authority

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.

End Authority
[Amended]
Start Amendment Part

24. In § 801.42 amend paragraph (a) introductory text by removing “$21,039” and adding in its place “$21,410”.

End Amendment Part Start Part

PART 825—THE FAMILY AND MEDICAL LEAVE ACT OF 1993

End Part Start Amendment Part

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

End Amendment Part Start Authority

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.

End Authority
[Amended]
Start Amendment Part

26. In § 825.300 amend paragraph (a)(1) by removing “$173” and adding in its place “$176”.

End Amendment Part

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

Title 29—Labor

Start Part

PART 1903—INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES

End Part Start Amendment Part

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

End Amendment Part Start Authority

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).

End Authority
[Amended]
Start Amendment Part

28. 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. Start Printed Page 2299

End Amendment Part
ParagraphRemoveAdd
§ 1903.15(d) introductory textJanuary 23, 2019January 15, 2020.
§ 1903.15(d)(1)$9,472$9,639.
§ 1903.15(d)(1)$132,598$134,937.
§ 1903.15(d)(2)$132,598$134,937.
§ 1903.15(d)(3)$13,260$13,494.
§ 1903.15(d)(4)$13,260$13,494.
§ 1903.15(d)(5)$13,260$13,494.
§ 1903.15(d)(6)$13,260$13,494.

DEPARTMENT OF LABOR

Mine Safety and Health Administration

Title 30—Mineral Resources

Start Part

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

End Part Start Amendment Part

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

End Amendment Part Start Authority

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.

End Authority Start Amendment Part

30. In § 100.3, amend paragraph (a)(1) introductory text by removing “72,620” and adding in its place “73,901” and in paragraph (g) by revising Table XIV—Penalty Conversion Table.

End Amendment Part

The revision reads as follows:

Determination of penalty amount; regular assessment.
* * * * *

(g) * * *

Table XIV—Penalty Conversion Table

PointsPenalty ($)
60 or fewer137
61150
62161
63175
64190
65206
66222
67242
68261
69283
70306
71332
72361
73390
74421
75458
76498
77536
78582
79631
80684
81740
82801
83869
84941
851,021
861,105
871,196
881,296
891,404
901,521
911,648
921,784
931,932
942,094
952,268
962,457
972,661
982,884
993,124
1003,385
1013,666
1023,971
1034,302
1044,660
1055,049
1065,469
1075,925
1086,418
1096,953
1107,532
1118,157
1128,839
1139,575
11410,373
11511,236
11612,171
11713,186
11814,284
11915,474
12016,762
12118,159
12219,670
12321,309
12423,085
12525,004
12627,089
12729,346
12831,789
12934,437
13037,306
13140,413
13243,778
13347,423
13451,207
13554,988
13658,773
13762,553
13866,337
13970,118
140 or more73,901
* * * * *
Start Amendment Part

31. 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.

End Amendment Part
ParagraphRemoveAdd
§ 100.4(a)$2,421$2,464
§ 100.4(b)4,8404,925
§ 100.4(c) introductory text6,0526,159
§ 100.4(c) introductory text72,62073,901
§ 100.5(c)7,8678,006
§ 100.5(d)332338
§ 100.5(e)266,275270,972

Note:

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

AgencyLawName/descriptionCFR citation20192020
Min penalty (rounded to nearest dollar)Max penalty (rounded to nearest dollar)Min penalty (rounded to nearest dollar)Max penalty (rounded to nearest dollar)
MSHAFederal Mine Safety & Health Act of 1977Regular Assessment30 CFR 100.3(a)$72,620$73,901
Start Printed Page 2300
MSHAFederal Mine Safety & Health Act of 1977Penalty Conversion Table30 CFR 100.3(g)$135$72,620$137$73,901
MSHAFederal Mine Safety & Health Act of 1977Minimum Penalty for any order issued under 104(d)(1) of the Mine Act30 CFR 100.4(a)2,421$2,464
MSHAFederal Mine Safety & Health Act of 1977Minimum penalty for any order issued under 104(d)(2) of the Mine Act30 CFR 100.4(b)4,840$4,925
MSHAFederal Mine Safety & Health Act of 1977Penalty for failure to provide timely notification under 103(j) of the Mine Act39 CFR 100.4(c)6,052$72,620$6,159$73,901
MSHAFederal Mine Safety & Health Act of 1977Any operator who fails to correct a violation for which a citation or order was issued under 104(a) of the Mine Act30 CFR 100.5(c)$7,867$8,006
MSHAFederal Mine Safety & Health Act of 1977Violation of mandatory safety standards related to smoking standards30 CFR 100.5(d)$332$338
MSHAFederal Mine Safety & Health Act of 1977Flagrant violations under 110(b)(2) of the Mine Act30 CFR 100.5(e)$266,275$270,972
EBSAEmployee Retirement Income Security ActSection 209(b): Per plan year for failure to furnish reports (e.g., pension benefit statements) to certain former employees or maintain employee records each employee a separate violation.29 CFR 2575.1-3$30$31
EBSAEmployee Retirement Income Security ActSection 502(c)(2)—Per day for failure/refusal to properly file plan annual report29 CFR 2575.1-3$2,194$2,233
EBSAEmployee Retirement Income Security ActSection 502(c)(4)—Per day for 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 violation29 CFR 2575.1-3$1,736$1,767
EBSAEmployee Retirement Income Security ActSection 502(c)(5)—Per day for each failure to file annual report for Multiple Employer Welfare Arrangements (MEWAs) under 101(g)29 CFR 2575.1-3$1,597$1,625
EBSAEmployee Retirement Income Security ActSection 502 (c)(6)—Per day for each failure to provide Secretary of Labor requested documentation not to exceed a per-request maximum29 CFR 2575.1-3$156 per day, not to exceed $1,566 per request$159 per day, not to exceed $1,594 per request.
EBSAEmployee Retirement Income Security ActSection 502 (c)(7)—Per day for each failure to provide notices of blackout periods and of right to divest employer securities- each statutory recipient a separate violation29 CFR 2575.1-3$139$141
EBSAEmployee Retirement Income Security ActSection 502 (c)(8)—Per each failure by an endangered status multiemployer plan to adopt a funding improvement plan or meet benchmarks; or failure of a critical status multiemployer plan to adopt a rehabilitation plan29 CFR 2575.1-3$1,378$1,402
EBSAEmployee Retirement Income Security ActSection 502(c)(9)(A)—Per 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 violation29 CFR 2575.1-3$117$119
EBSAEmployee Retirement Income Security ActSection 502(c)(9)(B)—Per 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 violation29 CFR 2575.1-3$117$119
Start Printed Page 2301
EBSAEmployee Retirement Income Security ActSection 502(c)(10)—Failure by any 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 during non-compliance period29 CFR 2575.1-3$117$119
EBSAEmployee Retirement Income Security ActSection 502(c)(10)—uncorrected de minimis violation29 CFR 2575.1-3$2,919$2,970
EBSAEmployee Retirement Income Security ActSection 502(c)(10)—uncorrected violations that are not de minimis29 CFR 2575.1-3$17,515$17,824
EBSAEmployee Retirement Income Security ActSection 502(c)(10)—unintentional failure maximum cap29 CFR 2575.1-3$583,830$594,129
EBSAEmployee Retirement Income Security ActSection 502(c)(12)—Per day for each failure of a CSEC plan in restoration status to adopt a restoration plan29CFR 2575.1-3$107$109
EBSAEmployee Retirement Income Security ActSection 502 (m)—Failure of fiduciary to make a proper distribution from a defined benefit plan under section 206(e) of ERISA29 CFR 2575.1-3$16,915$17,213
EBSAEmployee Retirement Income Security ActFailure to provide Summary of Benefits Coverage under PHS Act section 2715(f), as incorporated in ERISA section 715 and 29 CFR 2590.715-2715(e)29 CFR 2575.1-3$1,156$1,176
OSHAOccupational Safety and Health ActSerious Violation29 CFR 1903.15(d)(3)$13,260$13,494
OSHAOccupational Safety and Health ActOther-Than-Serious29 CFR 1903.15(d)(4)$13,260$13,494
OSHAOccupational Safety and Health ActWillful29 CFR 1903.15(d)(1)9,472$132,598$9,639$134,937
OSHAOccupational Safety and Health ActRepeated29 CFR 1903.15(d)(2)$132,598$134,937
OSHAOccupational Safety and Health ActPosting Requirement29 CFR 1903.15(d)(6)$13,260$13,494
OSHAOccupational Safety and Health ActFailure to Abate29 CFR 1903.15(d)(5)$13,260 per day$13,494 per day.
WHDFamily and Medical Leave ActFMLA29 CFR 825.300(a)(1)$173$176
WHDFair Labor Standards ActFLSA29 CFR 578.3(a)$2,014$2,050
WHDFair Labor Standards ActChild Labor29 CFR 579.1(a)(2)$2,014$2,050
WHDFair Labor Standards ActChild Labor29 CFR 570.140(b)(1)$12,845$13,072
WHDFair Labor Standards ActChild Labor29 CFR 579.1(a)(1)(i)(A)$12,845$13,072
WHDFair Labor Standards ActChild Labor that causes serious injury or death29 CFR 570.140(b)(2)$58,383$59,413
WHDFair Labor Standards ActChild Labor that causes serious injury or death29 CFR 579.1(a)(1)(i)(B)$58,383$59,413
WHDFair Labor Standards ActChild Labor willful or repeated that causes serious injury or death (penalty amount doubled)29 CFR 570.140(b)(2); 29 CFR 579.1(a)(1)(i)(B) Doubled$116,766$118,826
WHDMigrant and Seasonal Agricultural Worker Protection ActMSPA29 CFR 500.1(e)$2,505$2,549
WHDImmigration & Nationality ActH1B20 CFR 655.810(b)(1)$1,895$1,928
WHDImmigration & Nationality ActH1B retaliation20 CFR 655.801(b)$7,710$7,846
WHDImmigration & Nationality ActH1B willful or discrimination20 CFR 655.810(b)(2)$7,710$7,846
WHDImmigration & Nationality ActH1B willful that resulted in displacement of a US worker20 CFR 655.810(b)(3)$53,969$54,921
Start Printed Page 2302
WHDImmigration & Nationality ActD-120 CFR 655.620(a)$9,472$9,639
WHDContract Work Hours and Safety Standards ActCWHSSA29 CFR 5.5(b)(2)$27$27
WHDContract Work Hours and Safety Standards ActCWHSSA29 CFR 5.8(a)$27$27
WHDWalsh-Healey Public Contracts ActWalsh-Healey41 CFR 50-201.3(e)$27$27
WHDEmployee Polygraph Protection ActEPPA29 CFR 801.42(a)$21,039$21,410
WHDImmigration & Nationality ActH2A29 CFR 501.19(c)$1,735$1,766
WHDImmigration & Nationality ActH2A willful or discrimination29 CFR 501.19(c)(1)$5,839$5,942
WHDImmigration & Nationality ActH2A Safety or health resulting in serious injury or death29 CFR 501.19(c)(2)$57,813$58,833
WHDImmigration & Nationality ActH2A willful or repeated safety or health resulting in serious injury or death29 CFR 501.19(c)(4)$115,624$117,664
WHDImmigration & Nationality ActH2A failing to cooperate in an investigation29 CFR 501.19(d)$5,839$5,942
WHDImmigration & Nationality ActH2A displacing a US worker29 CFR 501.19(e)$17,344$17,650
WHDImmigration & Nationality ActH2A improperly rejecting a US worker29 CFR 501.19(f)$17,344$17,650
WHDImmigration & Nationality ActH-2B29 CFR 503.23(b)$12,695$12,919
WHDImmigration & Nationality ActH-2B29 CFR 503.23(c)$12,695$12,919
WHDImmigration & Nationality ActH-2B29 CFR 503.23(d)$12,695$12,919
WHDFair Labor Standards ActHome Worker29 CFR 530.302(a)$1,052.00$1,071
WHDFair Labor Standards ActHome Worker29 CFR 530.302(b)21$1,052.00$21$1,071
OWCPLongshore and Harbor Workers' Compensation ActFailure to file first report of injury or filing a false statement or misrepresentation in first report20 CFR 702.204$24,017$24,441
OWCPLongshore and Harbor Workers' Compensation ActFailure to report termination of payments20 CFR 702.236$292$297
OWCPLongshore and Harbor Workers' Compensation ActDiscrimination against employees who claim compensation or testify in a LHWCA proceeding20 CFR 702.271(a)(2)2,402$12,007$2,444$12,219
OWCPBlack Lung Benefits ActFailure to report termination of payments20 CFR 725.621 (d)$1,462$1,488
OWCPBlack Lung Benefits ActFailure to file required reports20 CFR 725.621(d)$1,462$1,488
OWCPBlack Lung Benefits ActFailure to secure payment of benefits for mines with fewer than 25 employees20 CFR 726.302(c)(2)(i)143$146
OWCPBlack Lung Benefits ActFailure to secure payment of benefits for mines with 25-50 employees20 CFR 726.302(c)(2)(i)285$290
OWCPBlack Lung Benefits ActFailure to secure payment of benefits for mines with 51-100 employees20 CFR 726.302(c)(2)(i)428$436
OWCPBlack Lung Benefits ActFailure to secure payment of benefits for mines with more than 100 employees20 CFR 726.302(c)(2)(i)569$579
OWCPBlack Lung Benefits ActFailure to secure payment of benefits after 10th day of notice20 CFR 726.302(c)(4)143$146
OWCPBlack Lung Benefits ActFailure to secure payment of benefits for repeat offenders20 CFR 726.302(c)(5)428$436
OWCPBlack Lung Benefits ActFailure to secure payment of benefits20 CFR 726.302(c)(5)$2,924$2,976
Start Signature
Start Printed Page 2303

Signed at Washington, DC, this 9th day of January, 2020.

Eugene Scalia,

Secretary, U.S. Department of Labor.

End Signature End Supplemental Information

Footnotes

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, section 1201 (2018)) and proposed regulations to codify this civil monetary penalty in the Code of Federal Regulations on October 8, 2019. See Tip Regulations Under the Fair Labor Standards Act (FLSA), 84 FR 53956 (proposed Oct. 8, 2019).

Back to Citation

2.  M-20-05, Implementation of Penalty Inflation Adjustments for 2020, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 16, 2019).

Back to Citation

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

Back to Citation

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

Back to Citation

[FR Doc. 2020-00486 Filed 1-14-20; 8:45 am]

BILLING CODE 4510-HL-P