Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Rules and Regulations 8947 

* * * * * 

Dated: January 27, 2022. 

For the Nuclear Regulatory Commission. 

Cherish K. Johnson, 

Chief Financial Officer. 

[FR Doc. 2022–03146 Filed 2–16–22; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 16 

[Docket No. TTB–2022–0001; Notice No. 

208] 

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 $21,633, with each day 

constituting a separate offense. This 

document announces that this 

maximum penalty is being increased to 

$22,979. 

DATES: The new maximum civil penalty 

for violations of the ABLA takes effect 

on February 17, 2022 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. 

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 

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). The 

Secretary has delegated various 

authorities through Treasury 

Department Order 120–01, dated 

December 10, 2013 (superseding 

Treasury Department Order 120–01, 

dated January 24, 2003), to the TTB 

Administrator to perform the functions 

and duties in the administration and 

enforcement of this law. 

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/regulation_guidance/ 

ablapenalty.html. 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. 


lotter on DSK11XQN23PROD with RULES1
8948 Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Rules and Regulations 

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 2020 was 

260.388, and the CPI–U in October 2021 

was 276.589. The rate of inflation 

between October 2020 and October 2021 

was therefore 6.222 percent. When 

applied to the current ABLA penalty of 

$21,633, this rate of inflation yields a 

raw (unrounded) inflation adjustment of 

$1,346.00526. Rounded to the nearest 

dollar, the inflation adjustment is 

$1,346, meaning that the new maximum 

civil penalty for violations of the ABLA 

will be $22,979. 

The new maximum civil penalty will 

apply to all penalties that are assessed 

after February 17, 2022. TTB also will 

update its web page at https://

www.ttb.gov/regulation_guidance/ 

ablapenalty.html to reflect the adjusted 

penalty. 

Dated: February 10, 2022. 

Amy R. Greenberg, 

Director, Regulations and Rulings Division. 

[FR Doc. 2022–03410 Filed 2–16–22; 8:45 am] 

BILLING CODE 4810–31–P 

OCCUPATIONAL SAFETY AND 

HEALTH REVIEW COMMISSION 

29 CFR Part 2200 

Rules of Procedure; Technical 

Amendments 

AGENCY: Occupational Safety and Health 

Review Commission. 

ACTION: Technical amendments. 

SUMMARY: This document makes 

technical amendments to the final rule 

published by the Occupational Safety 

and Health Review Commission in the 

Federal Register on April 10, 2019, and 

corrected on August 30, 2019, October 

4, 2019, and October 15, 2020. That rule 

revised the procedural rules governing 

practice before the Occupational Safety 

and Health Review Commission 

(OSHRC). 

DATES: Effective on February 17, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Natalie Huls-Simpson, AttorneyAdvisor, Office of the General Counsel, 

by telephone at (202) 606–5410, by 

email at nhuls@oshrc.gov, or by mail at: 

1120 20th Street NW, Ninth Floor, 

Washington, DC 20036–3457. 

SUPPLEMENTARY INFORMATION: OSHRC 

published revisions to its rules of 

procedure in the Federal Register on 

April 10, 2019 (84 FR 14554), and 

published corrections on August 30, 

2019 (84 FR 45654), October 4, 2019 (84 

FR 53052), and October 15, 2020 (85 FR 

65220). This document makes further 

technical amendments to the final rule. 

List of Subjects in 29 CFR Part 2200 

Administrative practice and 

procedure, Hearing and appeal 

procedures. 

Accordingly, 29 CFR part 2200 is 

amended by making the following 

technical amendments: 

PART 2200—RULES OF PROCEDURE 

■ 1. The authority citation for part 2200 

continues to read as follows: 

Authority: 29 U.S.C. 661(g), unless 

otherwise noted. 

Section 2200.96 is also issued under 28 

U.S.C. 2112(a). 

■ 2. Revise § 2200.3 to read as follows: 

§ 2200.3 Use of number. 

Words importing the singular number 

may extend and be applied to the plural 

and vice versa. 

■ 3. Amend § 2200.4 by revising 

paragraph (a)(6)(i) and adding paragraph 

(a)(7) to read as follows: 

§ 2200.4 Computing time. 

(a) * * * 

(6) * * * 

(i) The day set aside by statute for 

observing New Year’s Day, Martin 

Luther King Jr.’s Birthday, Washington’s 

Birthday, Memorial Day, Juneteenth 

National Independence Day, 

Independence Day, Labor Day, 

Columbus Day, Veterans’ Day, 

Thanksgiving Day, or Christmas Day; 

and, 

* * * * * 

(7) Computation examples. (i) If a 

judge orders that a document is due in 

40 days, count every calendar day 

starting the day after that order (day 1) 

until reaching day 40 (due date). If the 

receiving Commission office is closed 

on day 40 (such as on a Saturday, 

Sunday, or Federal holiday), the 

document would be due the next day 

the office is open. In other words, if day 

40 falls on a Saturday, and the following 

Monday is a Federal holiday, the 

document would be due on Tuesday, 

the day after the holiday. 

(ii) If a judge orders that a document 

is due 14 days before a hearing, count 

backwards starting the day before the 

hearing (day 1) until reaching day 14. If 

the receiving Commission office is 

closed on day 14 (such as on a Saturday, 

Sunday, or Federal holiday), the 

document would be due on the last day 

the office is open before the Saturday, 

Sunday, or Federal holiday. In other 

words, if day 14 falls on a Sunday, and 

the Friday before is a Federal holiday, 

the document would be due on 

Thursday, the day before the holiday. 

* * * * * 

■ 4. Amend § 2200.6 by revising the first 

sentence of paragraph (a) to read as 

follows: 

§ 2200.6 Record address. 

(a) Every pleading or document filed 

by any party or intervenor shall contain 

the name, current address, telephone 

number, and email address of the party 

or intervenor’s representative or, if there 

is no representative, the party or 

intervenor’s own name, current address, 

telephone number, and email address. 

* * * 

* * * * * 

■ 5. Amend § 2200.7 by revising 

paragraph (h) to read as follows: 

§ 2200.7 Service, notice, and posting. 

* * * * * 

(h) Special service requirements; 

authorized employee representatives. 

The authorized employee 

representative, if any, shall be served by 

the employer with the notice set forth in 

paragraph (g) of this section and with a 

copy of the notice of contest or petition 

for modification of the abatement 

period. 

* * * * * 

■ 6. Amend § 2200.8 by: 

■ a. Revising the last sentence of 

paragraph (c)(1); 

■ b. Adding a sentence to the end of 

paragraph (c)(2); and 

■ c. Revising paragraph (d)(1) and the 

first sentence of paragraph (d)(5). 

The revisions and addition read as 

follows: 

§ 2200.8 Filing. 

* * * * * 

(c) * * * 

(1) * * * Documents may not be filed 

with the Commission or the Judge via 

email, unless allowed under paragraph 

(d)(1) of this section. 

(2) * * * Documents may not be filed 

with the Commission or the Judge via 

email, unless allowed under paragraph 

(d)(1) of this section. 

* * * * * 

(d) * * * 

(1) How to file. Documents may be 

filed by postage-prepaid first class or 


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