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 Department of Labor Employment and Training Administration Office of Workers' Compensation Programs Wage and Hour Division Occupational Safety and Health Administration Mine Safety and Health Administration 20 CFR Part 655
20 CFR Parts 702, 725, and 726
29 CFR Parts 500, 501, 503, 530, 570, 578, 579, 801, and 825
29 CFR Part 1903
30 CFR Part 100
RIN 1290-AA41
 AGENCY: Employment and Training Administration, Office of Workers' Compensation Programs, Office of the Secretary, Wage and Hour Division, Occupational Safety and Health 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 2015 (Inflation Adjustment Act). The Inflation Adjustment Act requires the Department to annually adjust its civil money penalty levels for inflation no later than January 15 of each year. The Inflation Adjustment Act provides that agencies shall adjust civil monetary penalties notwithstanding Section 553 of the Administrative Procedure Act (APA). Additionally, the Inflation Adjustment Act provides a cost-of-living formula for adjustment of the civil penalties. Accordingly, this final rule sets forth the Department's 2021 annual adjustments for inflation to its civil monetary penalties.
 DATES: This final rule is effective on January 15, 2021. As provided by the Inflation Adjustment Act, the increased penalty levels apply to any penalties assessed after January 15, 2021.
 FOR FURTHER INFORMATION CONTACT: Erin FitzGerald, Senior Policy Advisor, U.S. Department of Labor, Room S-2312, 200 Constitution Avenue NW, Washington, DC 20210; telephone: (202) 693-5076 (this is not a toll-free number). Copies of this final rule may be obtained in alternative formats (large print, Braille, audio tape or disc), upon request, by calling (202) 693-5959 (this is not a toll-free number). TTY/TDD callers may dial toll-free 1-877-889-5627 to obtain information or request materials in alternative formats.


SUPPLEMENTARY INFORMATION: Preamble Table of Contents I. Background II. Adjustment for 2021 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, sec. 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 
                    ( print page 2965)
                    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). On January 15, 2020, the Department published the final rule establishing the 2020 Annual Adjustment for civil monetary penalties assessed or enforced by the Department, including H-2B civil monetary penalties. 
                    *See*85 FR 2292 (DOL 2020 Annual Adjustment). This rule implements the 2021 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 2020 annual adjustment as set forth in the DOL 2020 Annual Adjustment published on January 15, 2020. 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 2020 CPI-U and the October 2019 CPI-U. The cost-of-living adjustment multiplier for 2021, based on the Consumer Price Index (CPI-U) for the month of October 2020, not seasonally adjusted, is 1.01182.[3]
                    
                     In order to compute the 2021 annual adjustment, the Department multiplied the most recent penalty amount for each applicable penalty by the multiplier, 1.01182, 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, 2021, 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 occurring
Penalty assessed
Which penalty level appliesOn or before November 2, 2015
On or before August 1, 2016
Pre-August 1, 2016 levels.On or before November 2, 2015
After August 1, 2016
Pre-August 1, 2016 levels.After November 2, 2015
After August 1, 2016, but on or before March 17, 2017
August 1, 2016 levels.After November 2, 2015
After March 17, 2017 but on or before January 2, 2018
March 17, 2017 levels.After November 2, 2015
After January 2, 2018 but on or before January 23, 2019
January 2, 2018 levels.After November 2, 2015
After January 23, 2019 but on or before January 15, 2020
January 23, 2019 levels.After November 2, 2015
After January 15, 2020 but on or before January 15, 2021
January 15, 2020 levels.After November 2, 2015
After January 15, 2021
January 15, 2021 levels.
 Civil Monetary Penalties for Other DOL Programs
Violations occurring
Penalty assessed
Which penalty level appliesOn or before November 2, 2015
On or before August 1, 2016
Pre-August 1, 2016 levels.On or before November 2, 2015
After August 1, 2016
Pre-August 1, 2016 levels.After November 2, 2015
After August 1, 2016, but on or before January 13, 2017
August 1, 2016 levels.After November 2, 2015
After January 13, 2017 but on or before January 2, 2018
January 13, 2017 levels.After November 2, 2015
After January 2, 2018 but on or before January 23, 2019
January 2, 2018 levels.After November 2, 2015
After January 23, 2019 but on or before January 15, 2020
January 23, 2019 levels.After November 2, 2015
After January 15, 2020 but on or before January 15, 2021
January 15, 2020 levels.( print page 2966)After November 2, 2015
After January 15, 2021
January 15, 2021 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 adjustments without regard to section 553 of the APA. In that context, Congress has already determined that any possible increase in costs is justified by the overall benefits of such adjustments. This final rule makes only the statutory changes outlined herein; thus there are no alternatives or further analysis required by Executive Order 13563. VI. Regulatory Flexibility Act and Small Business Regulatory Enforcement Fairness Act The Regulatory Flexibility Act, 5 U.S.C. 601 
                    *et seq.*
                     (RFA), imposes certain requirements on Federal agency rules that are subject to the notice and comment requirements of the APA, 5 U.S.C. 553(b). This final rule is exempt from the requirements of the APA because the Inflation Adjustment Act directed the Department to issue the annual adjustments without regard to section 553 of the APA. Therefore, the requirements of the RFA applicable to notices of proposed rulemaking, 5 U.S.C. 603, do not apply to this rule. Accordingly, the Department is not required to either certify that the final rule would not have a significant economic impact on a substantial number of small entities or conduct a regulatory flexibility analysis. VII. Other Regulatory Considerations A. The Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538, requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a state, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. This Final Rule will not result in such an expenditure. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. B. Executive Order 13132: Federalism Section 18 of the 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, 
                    ( print page 2967)
                    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. 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 30 CFR Part 100 Mine safety and health
Penalties
 For the reasons set out in the preamble, 20 CFR chapters V and VI, 29 CFR chapters V and XVII, and 30 CFR chapter I are amended as follows: DEPARTMENT OF LABOR Employment and Training Administration Title 20—Employees' Benefits PART 655—TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES
 1.The authority citation for part 655 continues to read as follows: Authority:
                        Section 655.0 issued under 8 U.S.C. 1101(a)(15)(E)(iii), 1101(a)(15)(H)(i) and (ii), 8 U.S.C. 1103(a)(6), 1182(m), (n), (p) 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). 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), (p) 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). § § 655.620, 655.801, and 655.810
 2.In the following table, for each paragraph indicated in the left column, remove the dollar amount indicated in the middle column from wherever it appears in the paragraph and add in its place the dollar amount indicated in the right column. Paragraph
Remove
Add§ 655.620(a)
$9,639
$9,753§ 655.801(b)
7,846
7,939§ 655.810(b)(1) introductory text
1,928
1,951§ 655.810(b)(2) introductory text
7,846
7,939§ 655.810(b)(3) introductory text
54,921
55,570
 DEPARTMENT OF LABOR Office of Workers' Compensation Programs PART 702—ADMINISTRATION AND PROCEDURE
 3.The authority citation for part 702 continues to read as follows: Authority:
                        5 U.S.C. 301, and 8171 
                            *et seq.*; 33 U.S.C. 901 
                            *et seq.*; 42 U.S.C. 1651 
                            *et seq.*; 43 U.S.C. 1333; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; Secretary's Order 10-2009, 74 FR 58834. § § 702.204, 702.236, and 702.271
 4.In the following table, for each paragraph indicated in the left column, remove the dollar amount or date indicated in the middle column from wherever it appears in the section or paragraph and add in its place the dollar amount or date indicated in the right column. ( print page 2968) Section/paragraph
Remove
Add§ 702.204
$24,441
$24,730.§ 702.204
January 15, 2020
January 15, 2021.§ 702.236
297
301.§ 702.236
January 15, 2020
January 15, 2021.§ 702.271(a)(2)
January 15, 2020
January 15, 2021.§ 702.271(a)(2)
2,444
2,473.§ 702.271(a)(2)
12,219
12,363.
 PART 725—CLAIMS FOR BENEFITS UNDER PART C OF TITLE IV OF THE FEDERAL MINE SAFETY AND HEALTH ACT, AS AMENDED
 5.The authority citation for part 725 continues to read as follows: Authority:
                        5 U.S.C. 301; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174; 30 U.S.C. 901 
                            *et seq.,*
                             902(f), 921, 932, 936; 33 U.S.C. 901 
                            *et seq.*; 42 U.S.C. 405; Secretary's Order 10-2009, 74 FR 58834. § 725.621
 6.In § 725.621, amend paragraph (d) by removing “January 15, 2020” and adding in its place “January 15, 2021” and by removing “$1,488” and adding in its place “$1,506”. PART 726—BLACK LUNG BENEFITS; REQUIREMENTS FOR COAL MINE OPERATOR'S INSURANCE
 7.The authority citation for part 726 continues to read as follows: Authority:
                        5 U.S.C. 301; 30 U.S.C. 901 
                            *et seq.,*
                             902(f), 925, 932, 933, 934, 936; 33 U.S.C. 901 
                            *et seq.*; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174; Secretary's Order 10-2009, 74 FR 58834. § 726.302
 8.In the following table, for each paragraph indicated in the left column, remove the dollar amount or date indicated in the middle column from wherever it appears in the paragraph and add in its place the dollar amount or date indicated in the right column. Paragraph
Remove
Add§ 726.302(c)(2)(i) table Introductory text
January 15, 2020
January 15, 2021.§ 726.302(c)(2)(i) table
$146
$148.§ 726.302(c)(2)(i) table
290
293.§ 726.302(c)(2)(i) table
436
441.§ 726.302(c)(2)(i) table
579
586.§ 726.302(c)(4)
January 15, 2020
January 15, 2021.§ 726.302(c)(4)
146
148.§ 726.302(c)(5)
January 15, 2020
January 15, 2021.§ 726.302(c)(5)
436
441.§ 726.302(c)(6)
January 15, 2020
January 15, 2021.§ 726.302(c)(6)
2,976
3,011.
 DEPARTMENT OF LABOR Wage and Hour Division Title 29—Labor PART 500—MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION
 9.The authority citation for part 500 continues to read as follows: Authority:
                        Pub. L. 97-470, 96 Stat. 2583 (29 U.S.C. 1801-1872); Secretary's Order No. 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); and Pub. L. 114-74, 129 Stat 584. § 500.1
 10.In § 500.1, amend paragraph (e) by removing “$2,549” and adding in its place “$2,579”. PART 501—ENFORCEMENT OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN AGRICULTURAL WORKERS ADMITTED UNDER SECTION 218 OF THE IMMIGRATION AND NATIONALITY ACT
 11.The authority citation for part 501 continues to read as follows: Authority:
                        8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), and 1188; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); and Pub. L. 114-74 at § 701. § 501.19
 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. Paragraph
Remove
Add§ 501.19(c) introductory text
$1,766
$1,787§ 501.19(c)(1)
5,942
6,012§ 501.19(c)(2)
57,833
59,528§ 501.19(c)(4)
117,664
119,055§ 501.19(d)
5,942
6,012§ 501.19(e)
17,650
17,859§ 501.19(f)
17,650
17,859
 PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT
 13.The authority citation for part 503 continues to read as follows: Authority:
                        8 U.S.C. 1101(a)(15)(H)(ii)(b); 8 U.S.C. 1184; 8 CFR 214.2(h); 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at § 701. § 503.23
 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: ( print page 2969) Paragraph
Remove
Add§ 503.23(b)
$12,919
$13,072§ 503.23(c)
12,919
13,072§ 503.23(d)
12,919
13,072
 PART 530—EMPLOYMENT OF HOMEWORKERS IN CERTAIN INDUSTRIES
 15.The authority citation for part 530 continues to read as follows: Authority:
                        Sec. 11, 52 Stat. 1066 (29 U.S.C. 211) as amended by sec. 9, 63 Stat. 910 (29 U.S.C. 211(d)); Secretary's Order No. 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at § 701, 129 Stat 584. 16.In § 530.302: a.Amend paragraph (a) by removing “$1,071” and adding in its place “$1,084;” and b.Revising paragraph (b). The revision reads as follows: § 530.302
  
 (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: Table 1 to Paragraph (
                                b
                                )
Nature of violation
Penalty per affected homeworkerMinor
Substantial
Repeated, intentional
                                     or knowingRecordkeeping
$21-217
$217-433
$433-1,084Monetary violations
21-217
217-433Employment of homeworkers without a certificate

217-433
433-1,084Other violations of statutes, regulations or employer assurances
21-217
217-433
433-1,084
 PART 570—CHILD LABOR REGULATIONS, ORDERS AND STATEMENTS OF INTERPRETATION Subpart G—General Statements of Interpretation of the Child Labor Provisions of the Fair Labor Standards Act of 1938, as Amended
 17.The authority citation for subpart G of part 570 continues to read as follows: Authority:
                        52 Stat. 1060-1069, as amended; 29 U.S.C. 201-219; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at § 701. § 570.140
 18.In § 570.140, amend paragraph (b)(1) by removing “$13,072” and adding in its place “$13,227” and paragraph (b)(2) by removing “$59,413” and adding in its place “$60,115”. PART 578—MINIMUM WAGE AND OVERTIME VIOLATIONS—CIVIL MONEY PENALTIES
 19.The authority citation for part 578 continues to read as follows: Authority:
                        Sec. 9, Pub. L. 101-157, 103 Stat. 938, sec. 3103, Pub. L. 101-508, 104 Stat. 1388-29 (29 U.S.C. 216(e)), Pub. L. 101-410, 104 Stat. 890 (28 U.S.C. 2461 note), as amended by Pub. L. 104-134, section 31001(s), 110 Stat. 1321-358, 1321-373, and Pub. L. 114-74, 129 Stat 584. § 578.3
 20.In § 578.3, amend paragraph (a) by removing “$2,050” and adding in its place “$2,074”. PART 579—CHILD LABOR VIOLATIONS—CIVIL MONEY PENALTIES
 21.The authority citation for part 579 continues to read as follows: Authority:
                        29 U.S.C. 203(l), 211, 212, 213(c), 216; Reorg. Plan No. 6 of 1950, 64 Stat. 1263, 5 U.S.C. App; secs. 25, 29, 88 Stat. 72, 76; Secretary of Labor's Order No. 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); and Pub. L. 114-7, 129 Stat 584. § 579.1
 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. Paragraph
Remove
Add§ 579.1(a)(1)(i)(A)
$13,072
$13,227§ 579.1(a)(1)(i)(B)
59,413
60,115§ 579.1(a)(2)
2,050
2,074
 PART 801—APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988
 23.The authority citation for part 801 continues to read as follows: Authority:
                        Pub. L. 100-347, 102 Stat. 646, 29 U.S.C. 2001-2009; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at § 701, 129 Stat 584. § 801.42
 24.In § 801.42, amend paragraph (a) introductory text by removing “$21,410” and adding in its place “$21,663”. PART 825—THE FAMILY AND MEDICAL LEAVE ACT OF 1993
 25.The authority citation for part 825 continues to read as follows: Authority:
                        29 U.S.C. 2654; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); and Pub. L. 114-74 at § 701. § 825.300
 26.In § 825.300, amend paragraph (a)(1) by removing “$176” and adding in its place “$178”. DEPARTMENT OF LABOR Occupational Safety and Health Administration Title 29—Labor PART 1903—INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES
 27.The authority citation for part 1903 continues to read as follows: Authority:
                        Secs. 8 and 9 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657, 658); 5 U.S.C. 553; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990), as amended by Section 701, Pub. L. 114-74; Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012). § 1903.15
 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 ( print page 2970)
                        and add in its place the dollar amount or date indicated in the right column. Paragraph
Remove
Add§ 1903.15(d) introductory text
January 15, 2020
January 15, 2021.§ 1903.15(d)(1)
$9,639
$9,753.§ 1903.15(d)(1)
$134,937
$136,532.§ 1903.15(d)(2)
$134,937
$136,532.§ 1903.15(d)(3)
$13,494
$13,653.§ 1903.15(d)(4)
$13,494
$13,653.§ 1903.15(d)(5)
$13,494
$13,653.§ 1903.15(d)(6)
$13,494
$13,653.
 DEPARTMENT OF LABOR Mine Safety and Health Administration Title 30—Mineral Resources PART 100—CRITERIA AND PROCEDURES FOR PROPOSED ASSESSMENT OF CIVIL PENALTIES
 29.The authority citation for part 100 continues to read as follows: Authority:
                        5 U.S.C. 301; 30 U.S.C. 815, 820, 957; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at § 701. 30.In § 100.3, amend paragraph (a)(1) introductory text by removing “$73,901” and adding in its place “$74,775” and paragraph (g) by revising Table XIV—Penalty Conversion Table to read as follows: § 100.3
  
 (g) * * * Table XIV—Penalty Conversion Table
Points
Penalty
                                     ($)60 or fewer
$13961
15262
16363
17764
19265
20866
22567
24568
26469
28670
31071
33672
36573
39574
42675
46376
50477
54278
58979
63880
69281
74982
81083
87984
95285
1,03386
1,11887
1,21088
1,31189
1,42190
1,53991
1,66792
1,80593
1,95594
2,11995
2,29596
2,48697
2,69298
2,91899
3,161100
3,425101
3,709102
4,018103
4,353104
4,715105
5,109106
5,534107
5,995108
6,494109
7,035110
7,621111
8,253112
8,943113
9,688114
10,496115
11,369116
12,315117
13,342118
14,453119
15,657120
16,960121
18,374122
19,902123
21,561124
23,358125
25,300126
27,409127
29,693128
32,165129
34,844130
37,747131
40,891132
44,295133
47,984134
51,812135
55,638136
59,468137
63,292138
67,121139
70,947140 or more
74,775
 § § 100.4 and 100.5
 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. Paragraph
Remove
Add§ 100.4(a)
$2,464
$2,493§ 100.4(b)
4,925
4,983§ 100.4(c) introductory text
6,159
6,232§ 100.4(c) introductory text
73,901
74,775§ 100.5(c)
8,006
8,101§ 100.5(d)
338
342§ 100.5(e)
270,972
274,175
 Signed in Washington, DC. Eugene Scalia, Secretary, U.S. Department of Labor.
 Note: The following Appendix will not appear in the Code of Federal Regulations. 
 
 Agency
Law
Name/description
CFR citation
2020
2021Min penalty
                                 (rounded to nearest dollar)
Max penalty
                                 (rounded to nearest dollar)
Min penalty
                                 (rounded to nearest dollar)
Max penalty
                                 (rounded to nearest dollar)MSHA
Federal Mine Safety & Health Act of 1977
Regular Assessment
30 CFR 100.3(a)

$73,901

$74,775.MSHA
Federal Mine Safety & Health Act of 1977
Penalty Conversion Table
30 CFR 100.3(g)
$137
$73,901
$139
$74,775.MSHA
Federal Mine Safety & Health Act of 1977
Minimum Penalty for any order issued under 104(d)(1) of the Mine Act
30 CFR 100.4(a)
2,464

2,493MSHA
Federal Mine Safety & Health Act of 1977
Minimum penalty for any order issued under 104(d)(2) of the Mine Act
30 CFR 100.4(b)
4,925

4,983MSHA
Federal Mine Safety & Health Act of 1977
Penalty for failure to provide timely notification under 103(j) of the Mine Act
39 CFR 100.4(c)
6,159
$73,901
6,232
$74,775.MSHA
Federal Mine Safety & Health Act of 1977
Any operator who fails to correct a violation for which a citation or order was issued under 104(a) of the Mine Act
30 CFR 100.5(c)

$8,006

$8,101.MSHA
Federal Mine Safety & Health Act of 1977
Violation of mandatory safety standards related to smoking standards
30 CFR 100.5(d)

$338

$342.MSHA
Federal Mine Safety & Health Act of 1977
Flagrant violations under 110(b)(2) of the Mine Act
30 CFR 100.5(e)

$270,972

$274,175.EBSA
Employee Retirement Income Security Act
Section 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

$31

$31.EBSA
Employee Retirement Income Security Act
Section 502 (c)(2)—Per day for failure/refusal to properly file plan annual report
29 CFR 2575.1-3

$2,233

$2,259.EBSA
Employee Retirement Income Security Act
Section 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 violation
29 CFR 2575.1-3

$1,767

$1,788.EBSA
Employee Retirement Income Security Act
Section 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

$1,625

$1,644.EBSA
Employee Retirement Income Security Act
Section 502 (c)(6)—Per day for each failure to provide Secretary of Labor requested documentation not to exceed a per-request maximum
29 CFR 2575.1-3

$159 per day, not to exceed $1,594 per request

$161 per day, not to exceed $1,613 per request.EBSA
Employee Retirement Income Security Act
Section 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 violation
29 CFR 2575.1-3

$141

$143.EBSA
Employee Retirement Income Security Act
Section 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 plan
29 CFR 2575.1-3

$1,402

$1,419.EBSA
Employee Retirement Income Security Act
Section 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 violation
29 CFR 2575.1-3

$119

$120.EBSA
Employee Retirement Income Security Act
Section 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 violation
29 CFR 2575.1-3

$119

$120.( print page 2972)EBSA
Employee Retirement Income Security Act
Section 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 period
29 CFR 2575.1-3

$119

$120.EBSA
Employee Retirement Income Security Act
Section 502(c)(10)—uncorrected de minimis violation
29 CFR 2575.1-3
2,970

3,005EBSA
Employee Retirement Income Security Act
Section 502(c)(10)—uncorrected violations that are not de minimis
29 CFR 2575.1-3
17,824

18,035EBSA
Employee Retirement Income Security Act
Section 502(c)(10)—unintentional failure maximum cap
29 CFR 2575.1-3

$594,129

$601,152.EBSA
Employee Retirement Income Security Act
Section 502(c)(12)—Per day for each failure of a CSEC plan in restoration status to adopt a restoration plan
29CFR 2575.1-3

$109

$110.EBSA
Employee Retirement Income Security Act
Section 502 (m)—Failure of fiduciary to make a proper distribution from a defined benefit plan under section 206(e) of ERISA
29 CFR 2575.1-3

$17,213

$17,416.EBSA
Employee Retirement Income Security Act
Failure 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

$1,176

$1,190.OSHA
Occupational Safety and Health Act
Serious Violation
29 CFR 1903.15(d)(3)

$13,494

$13,653.OSHA
Occupational Safety and Health Act
Other-Than-Serious
29 CFR 1903.15(d)(4)

$13,494

$13,653.OSHA
Occupational Safety and Health Act
Willful
29 CFR 1903.15(d)(1)
9,639
$134,937
9,753
$136,532.OSHA
Occupational Safety and Health Act
Repeated
29 CFR 1903.15(d)(2)

$134,937

$136,532.OSHA
Occupational Safety and Health Act
Posting Requirement
29 CFR 1903.15(d)(6)

$13,494

$13,653.OSHA
Occupational Safety and Health Act
Failure to Abate
29 CFR 1903.15(d)(5)

$13,494 per day

$13,653 per day.WHD
Family and Medical Leave Act
FMLA
29 CFR 825.300(a)(1)

$176

$178.WHD
Fair Labor Standards Act
FLSA
29 CFR 578.3(a)

$2,050

$2,074.WHD
Fair Labor Standards Act
Child Labor
29 CFR 579.1(a)(2)

$2,050

$2,074.WHD
Fair Labor Standards Act
Child Labor
29 CFR 570.140(b)(1)

$13,072

$13,227.WHD
Fair Labor Standards Act
Child Labor
29 CFR 579.1(a)(1)(i)(A)

$13,072

$13,227.WHD
Fair Labor Standards Act
Child Labor that causes serious injury or death
29 CFR 570.140(b)(2)

$59,413

$60,115.WHD
Fair Labor Standards Act
Child Labor that causes serious injury or death
29 CFR 579.1(a)(1)(i)(B)

$59,413

$60,115.WHD
Fair Labor Standards Act
Child 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

$118,827

$120,230.WHD
Migrant and Seasonal Agricultural Worker Protection Act
MSPA
29 CFR 500.1(e)

$2,549

$2,579.WHD
Immigration & Nationality Act
H1B
20 CFR 655.810(b)(1)

$1,928

$1,951.WHD
Immigration & Nationality Act
H1B retaliation
20 CFR 655.801(b)

$7,846

$7,939.WHD
Immigration & Nationality Act
H1B willful or discrimination
20 CFR 655.810(b)(2)

$7,846

$7,939.WHD
Immigration & Nationality Act
H1B willful that resulted in displacement of a US worker
20 CFR 655.810(b)(3)

$54,921

$55,570.( print page 2973)WHD
Immigration & Nationality Act
D-1
20 CFR 655.620(a)

$9,639

$9,753.WHD
Contract Work Hours and Safety Standards Act
CWHSSA
29 CFR 5.5(b)(2)

$27

$27.WHD
Contract Work Hours and Safety Standards Act
CWHSSA
29 CFR 5.8(a)

$27

$27.WHD
Walsh-Healey Public Contracts Act
Walsh-Healey
41 CFR 50-201.3(e)

$27

$27.WHD
Employee Polygraph Protection Act
EPPA
29 CFR 801.42(a)

$21,410

$21,663.WHD
Immigration & Nationality Act
H2A
29 CFR 501.19(c)

$1,766

$1,787.WHD
Immigration & Nationality Act
H2A willful or discrimination
29 CFR 501.19(c)(1)

$5,942

$6,012.WHD
Immigration & Nationality Act
H2A Safety or health resulting in serious injury or death
29 CFR 501.19(c)(2)

$58,833

$59,528.WHD
Immigration & Nationality Act
H2A willful or repeated safety or health resulting in serious injury or death
29 CFR 501.19(c)(4)

$117,664

$119,055.WHD
Immigration & Nationality Act
H2A failing to cooperate in an investigation
29 CFR 501.19(d)

$5,942

$6,012.WHD
Immigration & Nationality Act
H2A displacing a US worker
29 CFR 501.19(e)

$17,650

$17,859.WHD
Immigration & Nationality Act
H2A improperly rejecting a US worker
29 CFR 501.19(f)

$17,650

$17,859.WHD
Immigration & Nationality Act
H-2B
29 CFR 503.23(b)

$12,919

$13,072.WHD
Immigration & Nationality Act
H-2B
29 CFR 503.23(c)

$12,919

$13,072.WHD
Immigration & Nationality Act
H-2B
29 CFR 503.23(d)

$12,919

$13,072.WHD
Fair Labor Standards Act
Home Worker
29 CFR 530.302(a)

$1,071

$1,084.WHD
Fair Labor Standards Act
Home Worker
29 CFR 530.302(b)
21
$1,071
21
$1,084.OWCP
Longshore and Harbor Workers' Compensation Act
Failure to file first report of injury or filing a false statement or misrepresentation in first report
20 CFR 702.204

$24,441

$24,730.OWCP
Longshore and Harbor Workers' Compensation Act
Failure to report termination of payments
20 CFR 702.236

$297

$301.OWCP
Longshore and Harbor Workers' Compensation Act
Discrimination against employees who claim compensation or testify in a LHWCA proceeding
20 CFR 702.271(a)(2)
2,444
$12,219
2,473
$12,363.OWCP
Black Lung Benefits Act
Failure to report termination of payments
20 CFR 725.621(d)

$1,488

$1,506.OWCP
Black Lung Benefits Act
Failure to secure payment of benefits for mines with fewer than 25 employees
20 CFR 726.302(c)(2)(i)
146

148OWCP
Black Lung Benefits Act
Failure to secure payment of benefits for mines with 25-50 employees
20 CFR 726.302(c)(2)(i)
290

293OWCP
Black Lung Benefits Act
Failure to secure payment of benefits for mines with 51-100 employees
20 CFR 726.302(c)(2)(i)
436

441OWCP
Black Lung Benefits Act
Failure to secure payment of benefits for mines with more than 100 employees
20 CFR 726.302(c)(2)(i)
579

586OWCP
Black Lung Benefits Act
Failure to secure payment of benefits after 10th day of notice
20 CFR 726.302(c)(4)
146

148OWCP
Black Lung Benefits Act
Failure to secure payment of benefits for repeat offenders
20 CFR 726.302(c)(5)
436

441OWCP
Black Lung Benefits Act
Failure to secure payment of benefits
20 CFR 726.302(c)(5)

$2,976

$3,011.


# Footnotes

1.
    
                         The Department is also responsible for administering and enforcing a newly-enacted civil monetary penalty under the Fair Labor Standards Act (
                        *see*Public Law 115-141, section 1201 (2018)) and proposed regulations that would codify this civil monetary penalty in the Code of Federal Regulations (CFR) on October 8, 2019. See Tip Regulations Under the Fair Labor Standards Act (FLSA), 84 FR 53956 (proposed Oct. 8, 2019). On December 30, 2020, the Department published a final rule that codifies this civil monetary penalty, adjusted for inflation pursuant to the Inflation Adjustment Act, in the CFR, to be effective on March 1, 2021. Back to Citation
 2.
    
                         M-21-10, Implementation of Penalty Inflation Adjustments for 2021, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 23, 2020). 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. 2021-00018 Filed 1-13-21; 8:45 am] BILLING CODE 4510-HL-P