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DOL/WHD RIN: 1235-AA16 Publication ID: Spring 2017 
Title: Department of Homeland Security and Department of Labor Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments 

The U.S. Department of Labor and the U.S. Department of Homeland Security (the Departments) jointly issued this Interim Final Rule to adjust the amounts of civil penalties assessed or enforced in their regulations related to employment of temporary nonimmigrant workers under the H-2B program. The Federal Civil Penalties Adjustment 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 increased penalty levels as set forth in this IFR apply to all penalties assessed after the effective date, August 1, 2016, for associated violations that occurred after November 1, 2015.  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 this civil monetary penalty. RIN 1235-AA15 Interim Final Rule as published in the Federal Register on July 1, 2016 (81 FR 42983) adopts duplicate RIN 1235-AA16 in the Unified Agenda.

Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 29 CFR 503   
Legal Authority: Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015   
Legal Deadline:
Action Source Description Date
Other  Statutory  Interim Final Rule  07/01/2016 
Action Date FR Cite
Interim Final Rule (Note: RIN 1235-AA16 adopts RIN 1235-AA15)  07/01/2016  81 FR 42983   
Interim Final Rule Effective (1235-AA16 adopts 1235-AA15)  08/01/2016 
Interim Final Rule Comment Period End (1235-AA16 adopts 1235-AA15)  08/15/2016 
Final Rule  03/17/2017  82 FR 14147   
Final Rule Effective  03/17/2017 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Related RINs: Related to 1290-AA31 
Agency Contact:
Erin Fitzgerald
Office of the Assistant Secretary for Policy
Department of Labor
200 Constitution Avenue NW., FP Building, Room S-2312,
Washington, DC 20210
Phone:202 693-5076
Fax:202 693-5960