Unknown. Interim final rule

6,417 words·~29 min read·/register/2016/07/01/2016-15679·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2016-07-01.xml --- 81 127 Friday, July 1, 2016 Contents Agency Toxic Agency for Toxic Substances and Disease Registry NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43202-43203 2016-15645 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Foreign Agricultural Service See Forest Service Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau RULES Civil Monetary Penalty Inflation Adjustment:

Alcoholic Beverage Labeling Act, 43062-43065 2016-15636 Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Explosives License or Permit, 43248 2016-15669 National Response Team Customer Satisfaction Survey, 43248-43249 2016-15668 Animal Animal and Plant Health Inspection Service PROPOSED RULES Importation of Bone-In Ovine Meat from Uruguay, 43115-43120 2016-15625 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Importation of Fruit From Thailand Into the United States, 43183 2016-15705 Irradiation Phytosanitary Treatment of Imported Fruits and Vegetables, 43182-43183 2016-15706 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43203-43206 2016-15646 2016-15647 Coast Guard Coast Guard RULES Civil Monetary Penalty Adjustments for Inflation, 42987-43006 2016-15673 Safety Zones:

Annual Firework Displays within the Captain of the Port, Puget Sound Zone, 43085 2016-15634 Confluence of James River and Appomattox River, Hopewell, VA, 43087-43089 2016-15608 Ohio River Mile 42.5 to 43.0, Chester, WV, 43089-43091 2016-15689 Shallowbag Bay, Manteo, NC, 43085-43087 2016-15700 Special Local Regulations and Safety Zones: Recurring Events Held in the Coast Guard Sector Northern New England Captain of the Port Zone, 43079-43084 2016-15701 PROPOSED RULES Safety Zones:

South Branch of the Chicago River and Chicago Sanitary and Ship Canal, Chicago, IL, 43178-43180 2016-15695 Commerce Commerce Department See Economic Analysis Bureau See Economic Development Administration See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 43190-43191 2016-15690 2016-15691 Community Development Community Development Financial Institutions Fund NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 43335-43336 2016-15719 Comptroller Comptroller of the Currency RULES Rules of Practice and Procedure in Adjudicatory Proceedings: Civil Money Penalty Inflation Adjustments, 43021-43028 2016-15376 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43191-43192 2016-15637 Defense Department Defense Department See Navy Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Commercial Item Acquisitions, 43201-43202 2016-15703 Economic Analysis Bureau Economic Analysis Bureau PROPOSED RULES Direct Investment Surveys: Survey of New Foreign Direct Investment in the United States, Changes to Private Fund Reporting on Direct Investment Surveys, 43126-43130 2016-15598 Economic Development Economic Development Administration NOTICES Meetings: National Advisory Council on Innovation and Entrepreneurship, 43184-43185 2016-15654 Employee Benefits Employee Benefits Security Administration RULES Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments, 43430-43461 2016-15378 Employment and Training Employment and Training Administration RULES Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments, 43430-43461 2016-15378 NOTICES Job Corps Center for Closure, 43250-43254 2016-15603 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Conservation Program:

Test Procedures for Integrated Light-Emitting Diode Lamps, 43404-43428 2016-14481 NOTICES Application for Long-Term, Multi-Contract Authorization to Export Liquefied Natural Gas to Non-Free Trade Agreement Nations: Eagle LNG Partners Jacksonville LLC, 43192-43194 2016-15694 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: New Jersey; Carbon Monoxide Maintenance Plan, 43096-43097 2016-15609 Civil Monetary Penalty Inflation Adjustment Rule, 43091-43096 2016-15411 Engine-Testing Procedures;

CFR Correction, 43101 2016-15805 Pesticide Tolerances; Exemptions from Requirements: 2-propenoic acid, 2-methyl-, 2-oxiranylmethyl ester, polymer with ethene, ethenyl acetate, 43097-43101 2016-15614 PROPOSED RULES Protection of Visibility: Requirements for State Plans, 43180-43181 2016-15493 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43197-43198 2016-15737 2016-15738 Agency Information Collection Activities; Proposals, Submissions, and Approvals:

NSPS/NESHAP for Wool Fiberglass Insulation Manufacturing Plants, 43199 2016-15725 Environmental Impact Statements; Availability, etc., 43198 2016-15709 Meetings: Environmental Financial Advisory Board, 43198-43199 2016-15727 Federal Accounting Federal Accounting Standards Advisory Board NOTICES Issuance of Statement of Federal Financial Accounting Standards, 43199-43200 2016-15639 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Rolls-Royce Deutschland Ltd and Co KG Turbofan Engines, 43037-43038 2016-15351 Class E Airspace;

Amendments: Belleville, KS; Johnson, KS; Marysville, KS; Pittsburg, KS; and Washington, KS, 43038-43040 2016-15406 PROPOSED RULES Airworthiness Directives: Bombardier, Inc. Airplanes, 43122-43124 2016-15289 Dassault Aviation Airplanes, 43120-43122 2016-15290 Class E Airspace; Amendments: Carmi, IL; De Kalb, IL; Harrisburg, IL; Kewanee, IL; Litchfield, IL; Paris, IL; and Taylorville, IL, 43124-43126 2016-15403 Federal Communications Federal Communications Commission RULES Radio Broadcasting Services:

Raymond, WA, 43101 2016-15545 NOTICES Meetings: Open Commission Meeting, 43200-43201 2016-15449 Federal Contract Federal Contract Compliance Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43254-43261 2016-15671 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 43194 2016-15597 Meetings: Reactive Supply Compensation in Markets Operated by Regional Transmission Organizations and Independent System Operators;

Workshop Supplement, 43194-43197 2016-15585 Section 206 Proceeding and Refund Effective Date: Midwest Generation, LLC, 43194 2016-15586 Federal Financial Federal Financial Institutions Examination Council NOTICES Meetings: Appraisal Subcommittee, 43201 2016-15672 Federal Housing Finance Agency Federal Housing Finance Agency RULES Implementation of the Program Fraud Civil Remedies Act of 1986, 43031-43036 2016-15620 Rules of Practice and Procedure; Civil Money Penalty Inflation Adjustment, 43028-43031 2016-15619 Federal Railroad Federal Railroad Administration RULES Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act for a Violation of a Federal Railroad Safety Law or Federal Railroad Administration Safety Regulation or Order, 43105-43114 2016-15641 Inflation Adjustment of the Ordinary Maximum and Aggravated Maximum Civil Monetary Penalties for a Violation of the Hazardous Material Transportation Laws or Regulations, Orders, Special Permits, and Approvals Issued Under Those Laws, 43101-43105 2016-15642 Fiscal Fiscal Service RULES Sale and Issue of Marketable Book-Entry Treasury Bills, Notes, and Bonds, 43069-43070 2016-15248 Fish Fish and Wildlife Service NOTICES Environmental Impact Statements;

Availability, etc.: Programmatic Review of Harvest Actions for Salmon and Steelhead in the Columbia River Basin Related to U.S. v. Oregon, 43187-43188 2016-15688 Permit Applications: Endangered Species; Marine Mammals, 43223-43224 2016-15604 Permits: Endangered Species; Marine Mammals, 43222-43223 2016-15605 Food and Drug Food and Drug Administration RULES Guidance: Policy on Declaring Small Amounts of Nutrients and Dietary Ingredients on Nutrition Labels, 43061-43062 2016-15477 PROPOSED RULES Submission of Food and Drug Administration Import Data in the Automated Commercial Environment, 43155-43178 2016-15684 NOTICES Guidance for Industry:

Vulvovaginal Candidiasis: Developing Drugs for Treatment, 43212-43214 2016-15661 Guidance: Bioequivalence Recommendations for Paliperidone Palmitate, 43209-43210 2016-15663 Early Clinical Trials With Live Biotherapeutic Products: Chemistry, Manufacturing, and Control Information, 43206-43207 2016-15664 Elemental Impurities in Drug Products, 43211-43212 2016-15704 Recurrent Herpes Labialis: Developing Drugs for Treatment and Prevention, 43210-43211 2016-15698 Meetings: Erythropoietic Protoporphyria;

Scientific Workshop, 43207-43209 2016-15662 Foreign Agricultural Foreign Agricultural Service RULES Local and Regional Food Aid Procurement Program, 43006-43019 2016-15537 Foreign Assets Foreign Assets Control Office RULES Implementation of the Federal Civil Penalties Inflation Adjustment Act, 43070-43077 2016-15552 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Tongass National Forest Land and Resource Management Plan Amendment, 43183-43184 2016-15353 General Services General Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Commercial Item Acquisitions, 43201-43202 2016-15703 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43224-43225 2016-15657 Health and Human Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 43215-43216 2016-15710 Lists of Designated Primary Medical Care, Mental Health, and Dental Health Professional Shortage Areas, 43214-43215 2016-15678 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection RULES Civil Monetary Penalty Adjustments for Inflation, 42987-43006 2016-15673 Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments:

H-2B Temporary Non-agricultural Worker Program, 42983-42986 2016-15679 Industry Industry and Security Bureau NOTICES Meetings: Information Systems Technical Advisory Committee, 43185 2016-15638 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau See Ocean Energy Management Bureau See Office of Natural Resources Revenue International Trade Adm International Trade Administration NOTICES Initiation of Five-Year (Sunset) Reviews, 43185-43187 2016-15722 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Ammonium Nitrate from Russia, 43232-43234 2016-15371 Heavy Forged Hand Tools from China, 43235-43238 2016-15374 Stainless Steel Plate from Belgium, South Africa, and Taiwan, 43245-43248 2016-15375 Stainless Steel Sheet and Strip from Japan, Korea, and Taiwan, 43238-43240 2016-15369 Complaints: Certain Hand Dryers and Housings for Hand Dryers, 43241-43242 2016-15702 Institution of Formal Enforcement Proceedings: Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same, 43242-43243 2016-15612 Investigations;

Determinations, Modifications, and Rulings, etc.: Certain Inkjet Printers, Printheads, and Ink Cartridges, Components Thereof, and Products Containing Same, 43244-43245 2016-15621 Certain Laser-Driven Light Sources, Subsystems Containing Laser-Driven Light Sources, and Products Containing Same, 43234-43235 2016-15610 Certain Magnetic Data Storage Tapes and Cartridges Containing the Same, 43243-43244 2016-15627 Certain Windshield Wipers and Components Thereof, 43240-43241 2016-15611 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau RULES Office for Access to Justice, 43065-43066 2016-15574 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Assessing Potential Benefits of Accessible Web Content for Individuals Who Are Blind, 43249-43250 2016-15670 Proposed Consent Decrees under CERCLA, 43250 2016-15658 Labor Department Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Federal Contract Compliance Programs Office See Mine Safety and Health Administration See Occupational Safety and Health Administration See Wage and Hour Division See Workers Compensation Programs Office RULES Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments, 43430-43461 2016-15378 Land Land Management Bureau NOTICES Environmental Impact Statements;

Availability, etc.: Dominguez-Escalante National Conservation Area, CO; Proposed Land and Resource Management Plan, 43226-43228 2016-15526 Roan Plateau Planning Area, CO; Proposed Land and Resource Management Plan Amendment, 43225-43226 2016-15527 Temporary Closure and Temporary Restrictions of Specific Uses on Public Lands for the Burning Man Event (Permitted Event), Pershing County, NV, 43228-43232 2016-15681 Legal Legal Services Corporation NOTICES Final Guidelines for Automated Financial-Eligibility Screening, 43261-43262 2016-15578 Mine Mine Safety and Health Administration RULES Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments, 43430-43461 2016-15378 NASA National Aeronautics and Space Administration RULES Space Flight, 43040-43042 2016-15431 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Commercial Item Acquisitions, 43201-43202 2016-15703 National Archives National Archives and Records Administration See Office of Government Information Services NOTICES Records Schedules; Availability, 43262-43264 2016-15697 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Privacy of Consumer Financial Information Recordkeeping and Disclosure Requirements Under Gramm-Leach-Bliley Act and Regulation P, 43264-43265 2016-15651 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Population Assessment of Tobacco and Health Study—Fourth Wave of Data Collection, 43217-43219 2016-15644 Charter Renewals: Office of AIDS Research Advisory Council, 43216-43217 2016-15643 Meetings: National Cancer Institute; Cancellation, 43217 2016-15591 National Institute on Alcohol Abuse and Alcoholism, 43217 2016-15592 2016-15593 National Oceanic National Oceanic and Atmospheric Administration NOTICES Endangered and Threatened Species:

Take of Anadromous Fish, 43188-43190 2016-15665 Environmental Impact Statements; Availability, etc.: Programmatic Review of Harvest Actions for Salmon and Steelhead in the Columbia River Basin Related to U.S. v. Oregon, 43187-43188 2016-15688 Meetings: North Pacific Fishery Management Council, 43190 2016-15656 Navy Navy Department RULES Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 43077-43079 2016-15359 Nuclear Regulatory Nuclear Regulatory Commission RULES Adjustment of Civil Penalties for Inflation, 43019-43021 2016-15399 NOTICES Final Procedures for Conducting Hearings on Conformance with the Acceptance Criteria in Combined Licenses, 43266-43292 2016-15693 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments, 43430-43461 2016-15378 Ocean Energy Management Ocean Energy Management Bureau RULES Oil and Gas and Sulphur Operations in the Outer Continental Shelf--Civil Penalties Inflation Adjustments, 43066-43069 2016-15607 OGIS Office of Government Information Services NOTICES Meetings:

Freedom of Information Act Advisory Committee, 43264 2016-15667 Natural Resources Office of Natural Resources Revenue RULES Consolidated Federal Oil and Gas and Federal and Indian Coal Valuation Reform, 43338-43402 2016-15420 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 43292-43293 2016-15587 Postal Service Postal Service NOTICES Clarification of the Move Update Standard, 43293-43294 2016-15648 Reassignment of Post Office Box Section 98025 to Competitive Fee Group, and of Sections 87325 and 87326 to Market Dominant Fee Groups, 43294-43295 2016-15640 Securities Securities and Exchange Commission RULES Adjustments to Civil Monetary Penalty Amounts, 43042-43047 2016-15541 Adoption of Updated EDGAR Filer Manual, 43047-43048 2016-15510 PROPOSED RULES Smaller Reporting Company Definition;

Amendments, 43130-43154 2016-15674 NOTICES Applications: MainStay Funds Trust, et al., 43301-43306 2016-15584 Self-Regulatory Organizations; Proposed Rule Changes: Bats BYX Exchange, Inc., 43306-43308, 43330-43332 2016-15583 2016-15717 Bats BZX Exchange, Inc., 43295-43297 2016-15582 Bats EDGA Exchange, Inc., 43315-43318 2016-15580 Bats EDGX Exchange, Inc., 43318-43320 2016-15581 BOX Options Exchange LLC, 43322-43326 2016-15711 2016-15712 Chicago Board Options Exchange, Inc., 43308-43315 2016-15716 NYSE Arca, Inc., 43297-43301, 43327, 43332-43334 2016-15579 2016-15713 2016-15718 NYSE MKT LLC, 43320-43322 2016-15715 The NASDAQ Stock Market LLC, 43327-43330 2016-15714 Small Business Small Business Administration NOTICES Interest Rates, 43334 2016-15686 Social Social Security Administration RULES Revised Medical Criteria for Evaluating Neurological Disorders, 43048-43061 2016-15306 State Department State Department NOTICES Designations as Foreign Terrorist Organizations: al-Qa'ida in the Indian Subcontinent, a.k.a. al-Qaeda in the Indian Subcontinent, a.k.a.

Qaedat al-Jihad in the Indian Subcontinent, 43334 2016-15680 2016-15683 Surface Transportation Surface Transportation Board NOTICES Petitions for Declaratory Orders: Newvista Property Holdings, LLC In Utah County, UT; Adverse Abandonment of the Ironton Branch, 43334-43335 2016-15652 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration Security Transportation Security Administration RULES Civil Monetary Penalty Adjustments for Inflation, 42987-43006 2016-15673 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Community Development Financial Institutions Fund See Comptroller of the Currency See Fiscal Service See Foreign Assets Control Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 43336 2016-15577 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Waiver of Grounds of Inadmissibility, 43221-43222 2016-15655 Customs U.S. Customs and Border Protection NOTICES Final Country of Origin Determinations: Certain Network Cables and Transceivers, 43219-43221 2016-15692 Wage Wage and Hour Division RULES Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments, 43430-43461 2016-15378 Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments:

H-2B Temporary Non-agricultural Worker Program, 42983-42986 2016-15679 Workers' Workers Compensation Programs Office RULES Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments, 43430-43461 2016-15378 Separate Parts In This Issue Part II Interior Department, Office of Natural Resources Revenue, 43338-43402 2016-15420 Part III Energy Department, 43404-43428 2016-14481 Part IV Labor Department, Employee Benefits Security Administration, 43430-43461 2016-15378 Labor Department, Employment and Training Administration, 43430-43461 2016-15378 Labor Department, Mine Safety and Health Administration, 43430-43461 2016-15378 Labor Department, Occupational Safety and Health Administration, 43430-43461 2016-15378 Labor Department, Wage and Hour Division, 43430-43461 2016-15378 Labor Department, Workers Compensation Programs Office, 43430-43461 2016-15378 Labor Department, 43430-43461 2016-15378 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 81 127 Friday, July 1, 2016 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY [CIS No. 2585-16] RIN 1615-AC10 DEPARTMENT OF LABOR Wage and Hour Division 29 CFR Part 503 RIN 1235-AA15 Department of Homeland Security and Department of Labor Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments for the H-2B Temporary Non-agricultural Worker Program AGENCY:

Department of Homeland Security; Wage and Hour Division, Department of Labor. ACTION: Interim final rule. SUMMARY: The U.S. Department of Homeland Security

(DHS)and the U.S. Department of Labor

(DOL)(collectively, “the Departments”) are jointly issuing this interim final rule to adjust the amounts of civil monetary penalties assessed or enforced in connection with the employment of temporary nonimmigrant workers under the H-2B program. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act) requires agencies to adjust the levels of civil monetary penalties with an initial catch-up adjustment, followed by annual adjustments for inflation. The Departments are required to calculate the catch-up and subsequent annual adjustments based on the Consumer Price Index for all Urban Consumers. The Departments must publish the interim final rule by July 1, 2016, and the new penalty levels must be effective no later than August 1, 2016. The increased penalty levels will apply to all penalties assessed after the effective date, August 1, 2016, for associated violations that occurred after November 2, 2015, as discussed below. DATES: This interim final rule is effective August 1, 2016. The adjusted civil penalty amounts are applicable only to civil penalties assessed after August 1, 2016, whose associated violations occurred after November 2, 2015, the date of enactment of the Inflation Adjustment Act. Therefore, violations occurring on or before November 2, 2015, as well as assessments made prior to August 1, 2016 whose associated violations occurred after November 2, 2015, will continue to be subject to the civil monetary penalty amounts currently set forth in the regulations in 29 CFR part 503 (2015). Interested persons are invited to submit written comments on this interim final rule on or before August 15, 2016. ADDRESSES: You may submit comments, identified by Regulatory Information Number

(RIN)1235-AA15, by either of the following methods: *Electronic Comments:* Comments may be sent via *http://www.regulations.gov,* a Federal E-Government Web site that allows the public to find, review, and submit comments on documents that agencies have published in the **Federal Register** and that are open for comment. Simply type in “Department of Homeland Security and Department of Labor Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments” (in quotes) in the Comment or Submission search box, click Go, and follow the instructions for submitting comments. *Mail:* Address written submissions to Robert Waterman, Compliance Specialist, Wage and Hour Division, U.S. Department of Labor, Room S-3510, 200 Constitution Avenue NW., Washington, DC 20210. *Instructions:* Please submit only one copy of your comments by only one method. All submissions must include the agencies' names and the RIN 1235-AA15. Please be advised that comments received will become a matter of public record and will be posted without change to *http://www.regulations.gov,* including any personal information provided. Comments that are mailed must be received by the date indicated for consideration. *Docket:* For access to the docket to read background documents or comments, go to the Federal e-Rulemaking Portal at *http://www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: Pamela Peters, Program Analyst, U.S. Department of Labor, Room S-2312, 200 Constitution Avenue NW., Washington, DC 20210; telephone:

(202)693-5959 (this is not a toll-free number). Copies of this interim 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: I. Regulatory Information The U.S. Department of Homeland Security

(DHS)and U.S. Department of Labor

(DOL)(collectively, “the Departments”) are promulgating this interim final rule to ensure that the amount of civil penalties assessed or enforced in our joint rules reflect the statutorily mandated maximum as adjusted for inflation. Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (“Inflation Adjustment Act”), the Departments are required to promulgate a “catch-up adjustment” through an interim final rule. Pursuant to the Inflation Adjustment Act and 5 U.S.C. 553(b)(3)(B), the Departments find that good cause exists for issuance of this interim final rule without prior notice and comment. By operation of the Inflation Adjustment Act, the Departments must publish the catch-up adjustment by July 1, 2016, and the rule must be effective no later than August 1, 2016. The Inflation Adjustment Act further provides that the increased penalty levels apply to any penalties assessed after the effective date of the increase. Additionally, the Inflation Adjustment Act provides a clear formula for adjustment of the civil penalties, leaving the agencies little room for discretion. Both because of the requirement for action by July 1 of this year, and because of the mechanistic nature of the rulemaking, the Departments find that notice and comment prior to issuing the inflation adjustment would be impracticable and unnecessary, respectively, in addition to being contrary to the language of the Inflation Adjustment Act. II. Background Inflation Adjustment Act On November 2, 2015, the President signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Pub. L. 114-74, 701 (“Inflation Adjustment Act”), which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990, Pub. L. 101-410, 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 requires agencies to:

(1)adjust the level of civil monetary penalties with an initial “catch-up” adjustment through an interim final rulemaking; and

(2)make subsequent annual adjustments for inflation. The method of calculating inflation adjustments in the Inflation Adjustment Act differs substantially from the methods used in past inflation adjustment rulemakings conducted pursuant to the Prior Inflation Act. Previously, adjustments to civil penalties were conducted under rules that required significant rounding of figures. For example, a penalty increase that was greater than $1,000, but less than or equal to $10,000, would be rounded to the nearest multiple of $1,000. While this allowed penalties to be kept at round numbers, it meant that penalties would often not be increased at all if the inflation factor was not large enough. Furthermore, increases to penalties were capped at 10 percent. Over time, this formula caused penalties to lose value relative to total inflation. The Inflation Adjustment Act has removed these rounding rules; now, penalties are simply rounded to the nearest $1. This rounding ensures that penalties will be increased each year to a figure commensurate with the actual calculated inflation, and ensures that penalties are more easily and consistently updated. Furthermore, the Inflation Adjustment Act “resets” the inflation calculations by excluding prior inflationary adjustments under the Prior Inflation Act, which contributed to a decline in the real value of penalty levels. To do this, the Inflation Adjustment Act requires agencies to identify, for each penalty, the year and corresponding amount(s) for which the maximum penalty level or range of minimum and maximum penalties was established ( *i.e.,* originally enacted by Congress or by regulation) or last adjusted other than pursuant to the Prior Inflation Act. Pursuant to the Inflation Adjustment Act, the Departments have reviewed the civil penalties for the H-2B program that are enforced by the Department of Labor. This interim final rule sets forth the initial “catch-up” adjustment only for these civil penalties. As required by the Inflation Adjustment Act, these civil penalties levels will subsequently be adjusted annually for inflation. DOL's Enforcement Authority in the H-2B Program The Immigration and Nationality Act

(INA)establishes the H-2B nonimmigrant classification for a non-agricultural temporary worker “having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform . . . temporary [non-agricultural] service or labor if unemployed persons capable of performing such service or labor cannot be found in this country.” 8 U.S.C. 1101(a)(15)(H)(ii)(b), INA section 101(a)(15)(H)(ii)(b). DHS, which is charged with administration of the H-2B program, may grant a petition for an H-2B nonimmigrant worker “after consultation with appropriate agencies of the Government.” 8 U.S.C. 1184(c)(1), INA section 214(c)(1). DHS regulations therefore provide that an H-2B petition for temporary employment in the United States must be accompanied by an approved temporary labor certification from DOL. 8 CFR 214.2(h)(6)(iii)(A) and (iv)(A). The temporary labor certification serves as DHS's consultation with DOL with respect to whether a qualified U.S. worker is available to fill the petitioning H-2B employer's job opportunity and whether a foreign worker's employment in the job opportunity will adversely affect the wages or working conditions of similarly employed U.S. workers. *See* 8 CFR 214.2(h)(6)(iii)(A) and (D). 1 1 DHS requires DOL to structure this consultative process by issuing regulations. *Id.* (requiring the Secretary of Labor “to separately establish for the temporary labor program under his or her jurisdiction, by regulation at 20 CFR 655, procedures for administering that temporary labor program under his or her jurisdiction”). The INA also authorizes DHS to impose appropriate remedies, including civil monetary penalties, against an employer for a substantial failure to meet the terms and conditions of employing an H-2B nonimmigrant worker, or for a willful misrepresentation of a material fact in a petition for an H-2B nonimmigrant worker. 8 U.S.C. 1184(c)(14)(A), INA section 214(c)(14)(A). The INA expressly and specifically authorizes DHS to delegate to DOL the aforementioned H-2B enforcement authorities. 8 U.S.C. 1184(c)(14)(B), INA section 214(c)(14)(B). DHS has delegated this authority to DOL, including authority over the civil monetary penalty established by law at associated 8 U.S.C. 1184(c)(14)(A)(i), INA section 214(c)(14)(A)(i). *See* DHS, Delegation of Authority to DOL under Section 214(c)(14)(A) of the Immigration and Nationality Act (Jan. 16, 2009) (available in the online docket for this Interim Final Rule at *http://www.regulations.gov,* in the Supporting Documents section); *see* 8 CFR 214.2(h)(6)(ix) (stating that DOL may investigate employers to enforce compliance with the conditions of, among other things, an H-2B petition and a DOL-approved temporary labor certification). Consistent with 8 CFR 214.2(h)(6)(ix) and DHS's delegation of statutory enforcement authority, DOL has authority to independently set, adjust, and impose civil monetary penalties under 8 U.S.C. 1184(c)(14)(A)(i), INA section 214(c)(14)(A)(i), and the Inflation Adjustment Act, amending the Prior Inflation Act. Joint Issuance On April 29, 2015, following a court's vacatur of nearly all of DOL's H-2B regulations, the Departments jointly promulgated an interim final rule governing DOL's role in enforcing the statutory and regulatory rights and obligations applicable to employment under the H-2B program. *See* Temporary Non-Agricultural Employment of H-2B Aliens in the United States, 80 FR 24,042 (Apr. 29, 2015) (codified at 8 CFR part 214, 20 CFR part 655, and 29 CFR part 503) (“2015 H-2B IFR”). These regulations include a provision regarding the assessment of civil monetary penalties by the Department of Labor. *See* 29 CFR 503.23. As explained in the 2015 H-2B IFR, following conflicting legal decisions about the Department of Labor's authority to independently issue legislative rules to carry out its duties for the H-2B program under the INA, the Departments jointly issued the 2015 H-2B IFR “to ensure that there can be no question about the authority for and validity of the regulations in this area.” *See* 80 FR 24,045; *see also* 24,044-47. The Departments further explained that by issuing the 2015 H-2B IFR jointly, “the Departments affirm that this rule is fully consistent with the INA and implementing DHS regulations and is vital to DHS's ability to faithfully implement the statutory labor protections attendant to the program.” *Id.* Litigation on these and related matters is ongoing. Accordingly, notwithstanding that DOL has authority to independently issue this inflation adjustment, and to ensure that there can be no question about the authority underlying this action, DHS and DOL are jointly issuing this Interim Final Rule. 2 The Interim Final Rule implements the Federal Civil Penalties Inflation Adjustment Act's requirements with respect to the civil monetary penalty provisions found at 29 CFR 503.23. 2 Consistent with DOL's delegated authority under 8 U.S.C. 1184(c)(14), INA section 214(c)(14) and the Federal Civil Penalties Inflation Adjustment Act, DOL will make future adjustments to the civil monetary penalty. III. Analysis Section 214(c)(14) of the INA, 8 U.S.C. 1184(c)(14), provides for the imposition of civil money penalties for a substantial failure to meet the terms and conditions of employing an H-2B nonimmigrant worker, or for a willful misrepresentation of a material fact in a petition for an H-2B nonimmigrant worker. This civil money penalty appears in regulation at 29 CFR 503.23. Applicable violations include those related to wages, impermissible deductions, prohibited fees and expenses, and improper refusal to employ or hire U.S. workers, among others. Existing § 503.23(b), (c), and

(d)provide for a civil money penalty not to exceed $10,000 per violation. The maximum penalty amount last established by statute or regulation other than the Inflation Adjustment Act was $10,000 in 2005 and is the same as the existing maximum penalty amount. *See* Save Our Small and Seasonal Businesses Act of 2005, Title IV of Pub. L. 109-13, 404 (May 11, 2005). To adjust the existing civil money penalty for this section, the Departments multiplied that maximum penalty amount by the inflation adjustment factor for 2005 of 1.19397, which resulted in a penalty of $11,940. The amount of the increase from $10,000 to $11,940 is $1,940, which is less than the statutory cap of 150% of the existing $10,000 penalty, which is $15,000; accordingly, the amount of the increase is not limited by the statutory cap. Consequently, § 503.23(b), (c), and

(d)are revised to increase the maximum penalties for these violations from $10,000 to $11,940 per violation. The Departments invite comments on the calculations outlined in this interim final rule. IV. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that the Departments consider the impact of paperwork and other information collection burdens imposed on the public. The Departments have determined that this interim final rule does not require any collection of information. V. Executive Orders 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 Departments have determined that this interim 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 Departments, 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. As provided by Section 701(b)(1)(A) of the Inflation Adjustment Act, the Departments considered whether to publish a notice of proposed rulemaking to explore whether increasing the civil monetary penalty by the otherwise-required amount will have a negative economic impact or whether the social costs of increasing the civil monetary penalty by the otherwise required amount outweighs the benefits. The Departments determined that no such proposed rule is necessary given the modest increases to statutory penalties provided by the Inflation Adjustment Act, especially given the statutory cap. In that context, Congress has already determined that any possible increase in costs is justified by the overall benefits of such adjustments. This interim final rule makes only the statutory changes outlined herein; thus there are no alternatives or further analysis required by E.O. 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), and that are likely to have a significant economic impact on a substantial number of small entities. This interim final rule is exempt from the notice and comment requirements of the APA because the Inflation Adjustment Act directed agencies to issue an interim final rule. Moreover, pursuant to the Inflation Adjustment Act and 5 U.S.C. 553(b)(3)(B), the Departments find that good cause exists for issuing this interim final rule without prior notice and comment. By operation of the Inflation Adjustment Act, the Departments must publish the catch-up adjustment by July 1, 2016, and the rule must be effective no later than August 1, 2016. Additionally, the Inflation Adjustment Act provides a clear formula for adjustment of the civil penalties, leaving the agencies little room for discretion. For these reasons, the Departments find that providing notice and comment before issuing the IFR would be impracticable and unnecessary in this situation and contrary to the language of the Inflation Adjustment Act. Therefore, the requirements of the RFA applicable to notices of proposed rulemaking, 5 U.S.C. 603, do not apply to this interim final rule. Accordingly, the Departments are not required to either certify that the interim final rule would not have a significant economic impact on a substantial number of small entities or conduct a regulatory flexibility analysis. Indeed, the rule only adjusts for the effects of inflation. VII. Other Regulatory Considerations A. *The Unfunded Mandates Reform Act of 1995* Because the interim final rule simply adjusts for inflation, it does not include any Federal mandate that may result in increased expenditures by State, local, or tribal governments; nor does it increase private sector expenditures by more than $100 million annually; nor does it significantly or uniquely affect small governments. Accordingly, the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 *et seq.* ) requires no further agency action or analysis. B. *Executive Order 13132: Federalism* This interim 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 interim 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 interim 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 interim 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* This action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This action is therefore categorically excluded from further review under the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321-4375. G. *Executive Order 13211, Energy Supply* This interim final rule has not been identified to have impacts on energy supply. Accordingly, Executive Order 13211 requires no further Agency action or analysis. H. *Executive Order 12630, Constitutionally Protected Property Rights* This interim 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 interim final rule was drafted and reviewed in accordance with Executive Order 12988, Civil Justice Reform. This interim 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 Departments have determined that this interim final rule meets the applicable standards provided in section 3 of Executive Order 12988. List of Subjects in 29 CFR Part 503 Administrative practice and procedure, Aliens, Employment, Housing, Immigration, Labor, Penalties, Transportation, Wages. Accordingly, for the reasons stated in the preamble, 29 CFR part 503 is amended as follows: PART 503-ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT 1. The authority citation for part 503 is revised 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 § 701. 2. Amend § 503.23 by revising paragraph (b), the first sentence of paragraph (c), and paragraph

(d)to read as follows: § 503.23 Civil money penalty assessment.

(b)Upon determining that an employer has violated any provisions of § 503.16 related to wages, impermissible deductions or prohibited fees and expenses, the Administrator, WHD, may assess civil money penalties that are equal to the difference between the amount that should have been paid and the amount that actually was paid to such worker(s), not to exceed $11,940 per violation.

(c)Upon determining that an employer has terminated by layoff or otherwise or has refused to employ any worker in violation of § 503.16(r), (t), or (v), within the periods described in those sections, the Administrator, WHD may assess civil money penalties that are equal to the wages that would have been earned but for the layoff or failure to hire, not to exceed $11,940 per violation. * * *

(d)The Administrator, WHD, may assess civil money penalties in an amount not to exceed $11,940 per violation for any other violation that meets the standards described in § 503.19. Signed at Washington, DC this 28th day of June, 2016. Jeh Charles Johnson, Secretary of Homeland Security. Signed at Washington, DC this 23 day of June, 2016. Thomas E. Perez, Secretary of Labor. [FR Doc. 2016-15679 Filed 6-30-16; 8:45 am]

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