Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 3351 

List of Subjects 

16 CFR Part 1112 

Administrative practice and 

procedure, Audit, Consumer protection, 

Incorporation by reference, Reporting 

and recordkeeping requirements, Third 

party conformity assessment body. 

16 CFR Part 1250 

Consumer protection, Imports, 

Incorporation by reference, Imports, 

Infants and children, Law enforcement, 

Safety, Toys. 

For the reasons discussed in the 

preamble, the Commission amends 16 

CFR chapter II as follows: 

PART 1112—REQUIREMENTS 

PERTAINING TO THIRD PARTY 

CONFORMITY ASSESSMENT BODIES 

■ 1. Revise the authority citation for part 

1112 to read as follows: 

Authority: 15 U.S.C. 2063. 

■ 2. Amend § 1112.15 by revising 

paragraphs (b)(32) introductory text, 

(b)(32)(ii) introductory text, 

(b)(32)(ii)(C), and (c)(1)(ii) to read as 

follows: 

§ 1112.15 When can a third-party 

conformity assessment body apply for 

CPSC acceptance for a particular CPSC rule 

or test method? 

* * * * * 

(b) * * * 

(32) 16 CFR part 1250, safety standard 

for toys. CPSC only requires certain 

provisions of ASTM F963–23 to be 

subject to third party testing; therefore, 

CPSC only accepts the accreditation of 

third-party conformity assessment 

bodies for testing under the following 

toy safety standards: 

* * * * * 

(ii) ASTM F963–23: 

* * * * * 

(C) Section 4.3.6, Cleanliness of 

Liquids, Pastes, Putties, Gels, and 

Powders, and Items of Avian Feather 

Origin (except for cosmetics and tests on 

formulations used to prevent microbial 

degradation). 

* * * * * 

(c) * * * 

(1) * * * 

(ii) ASTM F963–23, ‘‘Standard 

Consumer Safety Specification for Toy 

Safety,’’ August 1, 2023. 

* * * * * 

PART 1250—SAFETY STANDARD 

MANDATING ASTM F9623 FOR TOYS 

■ 3. Revise the authority citation for part 

1250 to read as follows: 

Authority: 15 U.S.C. 2056b. 

■ 4. Revise § 1250.2 to read as follows: 

§ 1250.2 Requirements for toy safety. 

(a) Each toy must comply with all 

applicable provisions of ASTM F963–23 

Standard Consumer Safety 

Specification for Toy Safety, approved 

on August 1, 2023. The Director of the 

Federal Register approves this 

incorporation by reference in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. This incorporation by 

reference (IBR) material is available for 

inspection at the U.S. Consumer 

Product Safety Commission and at the 

National Archives and Records 

Administration (NARA). Contact the 

U.S. Consumer Product Safety 

Commission at: Office of the Secretary, 

U.S. Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD 20814, telephone (301) 

504–7479, email cpsc-os@cpsc.gov. For 

information on the availability of this 

material at NARA, email fr.inspection@

nara.gov, or go to: www.archives.gov/ 

federal-register/cfr/ibr-locations. A readonly copy of the standard is available 

for viewing on the ASTM website at 

https://www.astm.org/ 

READINGLIBRARY/. You may obtain a 

copy from ASTM International, 100 Barr 

Harbor Drive, P.O. Box C700, West 

Conshohocken, PA 19428–2959; 

telephone (610) 832–9500; 

www.astm.org. 

(b) Pursuant to section 106(a) of the 

Consumer Product Safety Improvement 

Act of 2008, section 4.2 and Annex 5 or 

any provision of ASTM F963 that 

restates or incorporates an existing 

mandatory standard or ban promulgated 

by the Commission or by statute or any 

provision that restates or incorporates a 

regulation promulgated by the Food and 

Drug Administration or any statute 

administered by the Food and Drug 

Administration are not part of the 

mandatory standard incorporated in 

paragraph (a) of this section. 

Alberta E. Mills, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2024–00741 Filed 1–17–24; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 16 

[Docket No. TTB–2024–0001; Notice No. 

231] 

Civil Monetary Penalty Inflation 

Adjustment—Alcoholic Beverage 

Labeling Act 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Notification of civil monetary 

penalty adjustment. 

SUMMARY: This document informs the 

public that the maximum penalty for 

violations of the Alcoholic Beverage 

Labeling Act (ABLA) is being adjusted 

in accordance with the Federal Civil 

Penalties Inflation Adjustment Act of 

1990, as amended. Prior to the 

publication of this document, any 

person who violated the provisions of 

the ABLA was subject to a civil penalty 

of not more than $24,759, with each day 

constituting a separate offense. This 

document announces that this 

maximum penalty is being increased to 

$25,561. 

DATES: The new maximum civil penalty 

for violations of the ABLA takes effect 

on January 18, 2024, and applies to 

penalties that are assessed after that 

date. 

FOR FURTHER INFORMATION CONTACT: 

Vonzella C. Johnson, Regulations and 

Rulings Division, Alcohol and Tobacco 

Tax and Trade Bureau, 1310 G Street 

NW, Box 12, Washington, DC 20005; 

(202) 508–0413. 

SUPPLEMENTARY INFORMATION: 

Background 

Statutory Authority for Federal Civil 

Monetary Penalty Inflation Adjustments 

The Federal Civil Penalties Inflation 

Adjustment Act of 1990 (the Inflation 

Adjustment Act), Public Law 101–410, 

104 Stat. 890, 28 U.S.C. 2461 note, as 

amended by the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015, Public Law 114–74, section 

701, 129 Stat. 584, requires the regular 

adjustment and evaluation of civil 

monetary penalties to maintain their 

deterrent effect and helps to ensure that 

penalty amounts imposed by the 

Federal Government are properly 

accounted for and collected. A ‘‘civil 

monetary penalty’’ is defined in the 

Inflation Adjustment Act as any penalty, 

fine, or other such sanction that is: (1) 

For a specific monetary amount as 

provided by Federal law, or has a 


khammond on DSKJM1Z7X2PROD with RULES
3352 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 

maximum amount provided for by 

Federal law; (2) assessed or enforced by 

an agency pursuant to Federal law; and 

(3) assessed or enforced pursuant to an 

administrative proceeding or a civil 

action in the Federal courts. 

The Inflation Adjustment Act, as 

amended, requires agencies to adjust 

civil monetary penalties by the inflation 

adjustment described in section 5 of the 

Inflation Adjustment Act. The Act also 

provides that any increase in a civil 

monetary penalty shall apply only to 

civil monetary penalties, including 

those whose associated violation 

predated such an increase, which are 

assessed after the date the increase takes 

effect. 

The Inflation Adjustment Act, as 

amended, provides that the inflation 

adjustment does not apply to civil 

monetary penalties under the Internal 

Revenue Code of 1986 or the Tariff Act 

of 1930. 

Alcoholic Beverage Labeling Act 

The Alcohol and Tobacco Tax and 

Trade Bureau (TTB) administers the 

Federal Alcohol Administration Act 

(FAA Act) pursuant to section 1111(d) 

of the Homeland Security Act of 2002, 

codified at 6 U.S.C. 531(d). In addition, 

the Secretary of the Treasury has 

delegated certain administrative and 

enforcement authorities to TTB through 

Treasury Order 120–01. 

The FAA Act contains the Alcoholic 

Beverage Labeling Act (ABLA) of 1988, 

Public Law 100–690, 27 U.S.C. 213– 

219a, which was enacted on November 

18, 1988. Section 204 of the ABLA, 

codified in 27 U.S.C. 215, requires that 

a health warning statement appear on 

the labels of all containers of alcoholic 

beverages manufactured, imported, or 

bottled for sale or distribution in the 

United States, as well as on containers 

of alcoholic beverages that are 

manufactured, imported, bottled, or 

labeled for sale, distribution, or 

shipment to members or units of the 

U.S. Armed Forces, including those 

located outside the United States. 

The health warning statement 

requirement applies to containers of 

alcoholic beverages manufactured, 

imported, or bottled for sale or 

distribution in the United States on or 

after November 18, 1989. The statement 

reads as follows: 

GOVERNMENT WARNING: (1) According 

to the Surgeon General, women should not 

drink alcoholic beverages during pregnancy 

because of the risk of birth defects. (2) 

Consumption of alcoholic beverages impairs 

your ability to drive a car or operate 

machinery, and may cause health problems. 

Section 204 of the ABLA also 

specifies that the Secretary of the 

Treasury shall have the power to ensure 

the enforcement of the provisions of the 

ABLA and issue regulations to carry 

them out. In addition, section 207 of the 

ABLA, codified in 27 U.S.C. 218, 

provides that any person who violates 

the provisions of the ABLA is subject to 

a civil penalty of not more than $10,000, 

with each day constituting a separate 

offense. 

Most of the civil monetary penalties 

administered by TTB are imposed by 

the Internal Revenue Code of 1986, and 

thus are not subject to the inflation 

adjustment mandated by the Inflation 

Adjustment Act. The only civil 

monetary penalty enforced by TTB that 

is subject to the inflation adjustment is 

the penalty imposed by the ABLA at 27 

U.S.C. 218. 

TTB Regulations 

The TTB regulations implementing 

the ABLA are found in 27 CFR part 16, 

and the regulations implementing the 

Inflation Adjustment Act with respect to 

the ABLA penalty are found in 27 CFR 

16.33. This section indicates that, in 

accordance with the ABLA, any person 

who violates the provisions of this part 

is subject to a civil penalty of not more 

than $10,000. Further, pursuant to the 

provisions of the Federal Civil Penalties 

Inflation Adjustment Act of 1990, as 

amended, this civil penalty is subject to 

periodic cost-of-living adjustments. 

Accordingly, any person who violates 

the provisions of 27 CFR part 16 is 

subject to a civil penalty of not more 

than the amount listed at https://

www.ttb.gov/laws-regulations-andpublic-guidance/labeling-act-penalty. 

Each day constitutes a separate offense. 

To adjust the penalty, § 16.33(b) 

indicates that TTB will provide notice 

in the Federal Register and at the 

website mentioned above of cost-ofliving adjustments to the civil penalty 

for violations of 27 CFR part 16. 

Penalty Adjustment 

In this document, TTB is publishing 

its yearly adjustment to the maximum 

ABLA penalty, as required by the 

amended Inflation Adjustment Act. 

As mentioned earlier, the ABLA 

contains a maximum civil monetary 

penalty. For such penalties, section 5 of 

the Inflation Adjustment Act indicates 

that the inflation adjustment is 

determined by increasing the maximum 

penalty by the cost-of-living adjustment. 

The cost-of-living adjustment means the 

percentage increase (if any) between the 

Consumer Price Index for all-urban 

consumers (CPI–U) for the October 

preceding the date of the adjustment 

and the prior year’s October CPI–U. 

The CPI–U in October 2022 was 

298.012, and the CPI–U in October 2023 

was 307.671. The rate of inflation 

between October 2022 and October 2023 

was therefore 3.241 percent. When 

applied to the current ABLA penalty of 

$24,759, this rate of inflation yields a 

raw (unrounded) inflation adjustment of 

$802.4392. Rounded to the nearest 

dollar, the inflation adjustment is $802, 

meaning that the new maximum civil 

penalty for violations of the ABLA will 

be $25,561. 

The new maximum civil penalty will 

apply to all penalties that are assessed 

after January 18, 2024. TTB has also 

updated its web page at https://

www.ttb.gov/laws-regulations-andpublic-guidance/labeling-act-penalty to 

reflect the adjusted penalty. 

Dated: January 12, 2024. 

Amy R. Greenberg, 

Deputy Assistant Administrator, 

Headquarters Operations. 

[FR Doc. 2024–00887 Filed 1–17–24; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF THE TREASURY 

Fiscal Service 

31 CFR Part 380 

Collateral Acceptability and Valuation 

AGENCY: Fiscal Service, Department of 

the Treasury. 

ACTION: Final rule. 

SUMMARY: The Department of the 

Treasury is amending regulations that 

govern the acceptability and valuation 

of collateral pledged to secure deposits 

of public monies and other financial 

interests of the government under 

Treasury’s Fiscal Service collateral 

programs. This final rule is a nonsubstantive, technical amendment that 

updates a website and removes outdated 

contact information referenced in those 

regulations. 

DATES: Effective January 18, 2024. 

ADDRESSES: This final rule is available at 

https://regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Lori 

Santamorena (Executive Director), 

Kevin Hawkins (Associate Director), or 

John Garrison (Associate Director), 

Government Securities Regulations 

Staff, Bureau of the Fiscal Service, 

Department of the Treasury, at (202) 

504–3632 or email us at govsecreg@

fiscal.treasury.gov. 

SUPPLEMENTARY INFORMATION: The 

Department of the Treasury (Treasury) is 

amending 31 CFR part 380, which 

governs the determination of the 


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