Civil Monetary Penalty Adjustments for Inflation, 89300-89303 [2023-28484]
Download as PDF
<![CDATA[
89300
Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Rules and Regulations
C. Executive Order 13609, Promoting
International Regulatory Cooperation
visit https://www.faa.gov/regulations_
policies/rulemaking/sbre_act/.
Executive Order 13609, Promoting
International Regulatory Cooperation,
promotes international regulatory
cooperation to meet shared challenges
involving health, safety, labor, security,
environmental, and other issues and to
reduce, eliminate, or prevent
unnecessary differences in regulatory
requirements. The FAA has analyzed
this action under the policies and
agency responsibilities of Executive
Order 13609 and has determined that
this action will have no effect on
international regulatory cooperation.
List of Subjects in 14 CFR Part 91
X. Additional Information
A. Electronic Access
Except for classified and controlled
unclassified material not authorized for
public release, all documents the FAA
considered in developing this rule,
including economic analyses and
technical reports, may be accessed from
the internet through the docket for this
rulemaking.
Those documents may be viewed
online at https://www.regulations.gov
using the docket number listed above. A
copy of this rule will be placed in the
docket. Electronic retrieval help and
guidelines are available on the website.
It is available 24 hours each day, 365
days each year. An electronic copy of
this document may also be downloaded
from the Office of the Federal Register’s
website at https://
www.federalregister.gov and the
Government Publishing Office’s website
at https://www.govinfo.gov. A copy may
also be found at the FAA’s Regulations
and Policies website at https://
www.faa.gov/regulations_policies.
Copies may also be obtained by
sending a request to the Federal
Aviation Administration, Office of
Rulemaking, ARM–1, 800 Independence
Avenue SW, Washington, DC 20591, or
by calling (202) 267–9677.
ddrumheller on DSK120RN23PROD with RULES1
B. Small Business Regulatory
Enforcement Fairness Act
15:06 Dec 26, 2023
Jkt 262001
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends chapter I of title 14, Code of
Federal Regulations, as follows:
PART 91—GENERAL OPERATING AND
FLIGHT RULES
1. The authority citation for part 91
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40101,
40103, 40105, 40113, 40120, 44101, 44111,
44701, 44704, 44709, 44711, 44712, 44715,
44716, 44717, 44722, 46306, 46315, 46316,
46504, 46506–46507, 47122, 47508, 47528–
47531, 47534, Pub. L. 114–190, 130 Stat. 615
(49 U.S.C. 44703 note); articles 12 and 29 of
the Convention on International Civil
Aviation (61 Stat. 1180), (126 Stat. 11).
2. Amend § 91.1609 by revising
paragraph (e) to read as follows:
■
§ 91.1609 Special Federal Aviation
Regulation No. 114—Prohibition Against
Certain Flights in the Damascus Flight
Information Region (FIR) (OSTT).
*
*
*
*
*
(e) Expiration. This SFAR will remain
in effect until December 30, 2028. The
FAA may amend, rescind, or extend this
SFAR, as necessary.
Issued in Washington, DC, under the
authority of 49 U.S.C. 106(f) and (g),
40101(d)(1), 40105(b)(1)(A), and 44701(a)(5).
Michael Gordon Whitaker,
Administrator.
[FR Doc. 2023–28502 Filed 12–26–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Background
Office of the Secretary
The Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410; 28 U.S.C. 2461), as amended by the
Debt Collection Improvement Act of
1996 (Pub. L. 104–134), provided for
agencies’ adjustments for inflation to
CMPs to ensure that CMPs continue to
maintain their deterrent value and that
CMPs due to the Federal Government
were properly accounted for and
collected.
A CMP is defined as any penalty, fine,
or other sanction that:
1. Is for a specific monetary amount
as provided by Federal law, or has a
maximum amount provided for by
Federal law; and,
2. Is assessed or enforced by an
agency pursuant to Federal law; and,
15 CFR Part 6
[Docket No. 231129–0280]
The Small Business Regulatory
Enforcement Fairness Act of 1996
(SBREFA) (Pub. L. 104–121) (set forth as
a note to 5 U.S.C. 601) requires FAA to
comply with small entity requests for
information or advice about compliance
with statutes and regulations within its
jurisdiction. A small entity with
questions regarding this document may
contact its local FAA official or the
persons listed under the FOR FURTHER
INFORMATION CONTACT heading at the
beginning of the preamble. To find out
more about SBREFA on the internet,
VerDate Sep<11>2014
Air traffic control, Aircraft, Airmen,
Airports, Aviation safety, Freight, Syria.
States Department of Commerce
(Department of Commerce). The Federal
Civil Penalties Inflation Adjustment Act
of 1990, as amended by the Debt
Collection Improvement Act of 1996
and the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015, required the head of each agency
to adjust for inflation its CMP levels in
effect as of November 2, 2015, under a
revised methodology that was effective
for 2016 which provided for initial
catch up adjustments for inflation in
2016, and requires adjustments for
inflation to CMPs under a revised
methodology for each year thereafter.
The Department of Commerce’s 2024
adjustments for inflation to CMPs apply
only to CMPs with a dollar amount, and
will not apply to CMPs written as
functions of violations. The Department
of Commerce’s 2024 adjustments for
inflation to CMPs apply only to those
CMPs, including those whose associated
violation predated such adjustment,
which are assessed by the Department of
Commerce after the effective date of the
new CMP level.
DATES: This rule is effective January 15,
2024.
FOR FURTHER INFORMATION CONTACT:
Stephen M. Kunze, Deputy Chief
Financial Officer and Director for
Financial Management, Office of
Financial Management, at (202) 482–
1207, Department of Commerce, 1401
Constitution Avenue NW, Room D200,
Washington, DC 20230. The Department
of Commerce’s Civil Monetary Penalty
Adjustments for Inflation are available
for downloading from the Department of
Commerce, Office of Financial
Management’s website at the following
address: https://www.osec.doc.gov/ofm/
OFM_Publications.html.
SUPPLEMENTARY INFORMATION:
RIN 0605–AA66
Civil Monetary Penalty Adjustments for
Inflation
Office of the Chief Financial
Officer and Assistant Secretary for
Administration, Department of
Commerce.
ACTION: Final rule.
AGENCY:
This final rule is being issued
to adjust for inflation each civil
monetary penalty (CMP) provided by
law within the jurisdiction of the United
SUMMARY:
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
E:\FR\FM\27DER1.SGM
27DER1
ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Rules and Regulations
3. Is assessed or enforced pursuant to
an administrative proceeding or a civil
action in the Federal courts.
On November 2, 2015, the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (Section 701
of Pub. L. 114–74) further amended the
Federal Civil Penalties Inflation
Adjustment Act of 1990 to improve the
effectiveness of CMPs and to maintain
their deterrent effect. This amendment
(1) required agencies to adjust the CMP
levels in effect as of November 2, 2015,
with initial catch up adjustments for
inflation through a final rulemaking to
take effect no later than August 1, 2016;
and (2) requires agencies to make
subsequent annual adjustments for
inflation to CMPs that shall take effect
not later than January 15. The
Department of Commerce’s 2023
adjustments for inflation to CMPs were
published in the Federal Register on
January 3, 2023, and the new CMP
levels became effective January 15,
2023.
The Department of Commerce’s 2024
adjustments for inflation to CMPs apply
only to CMPs with a dollar amount, and
will not apply to CMPs written as
functions of violations. These 2024
adjustments for inflation apply only to
those CMPs, including those whose
associated violation predated such
adjustment, which are assessed by the
Department of Commerce after the
effective date of the new CMP level.
This regulation adjusts for inflation
CMPs that are provided by law within
the jurisdiction of the Department of
Commerce. The actual CMP assessed for
a particular violation is dependent upon
a variety of factors. For example, the
National Oceanic and Atmospheric
Administration’s (NOAA) Policy for the
Assessment of Civil Administrative
Penalties and Permit Sanctions (Penalty
Policy), a compilation of NOAA internal
guidelines that are used when assessing
CMPs for violations for most of the
statutes NOAA enforces, will be
interpreted in a manner consistent with
this regulation to maintain the deterrent
effect of the CMPs. The CMP ranges in
the Penalty Policy are intended to aid
enforcement attorneys in determining
the appropriate CMP to assess for a
particular violation. NOAA’s Penalty
Policy is maintained and made available
to the public on NOAA’s Office of the
General Counsel, Enforcement Section
website at: https://www.noaa.gov/
general-counsel/gc-enforcement-section.
The Department of Commerce’s 2024
adjustments for inflation to CMPs set
forth in this regulation were determined
pursuant to the methodology prescribed
by the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
VerDate Sep<11>2014
15:06 Dec 26, 2023
Jkt 262001
2015, which requires the maximum
CMP, or the minimum and maximum
CMP, as applicable, to be increased by
the cost-of-living adjustment. The term
‘‘cost-of-living adjustment’’ is defined
by the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015. For the 2024 adjustments for
inflation to CMPs, the cost-of-living
adjustment is the percentage for each
CMP by which the Consumer Price
Index for the month of October 2023
exceeds the Consumer Price Index for
the month of October 2022.
Classification
Pursuant to 5 U.S.C. 553(b)(3)(B),
there is good cause to issue this rule
without prior public notice or
opportunity for public comment
because it would be unnecessary. The
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Section 701(b)) requires agencies
to make annual adjustments for inflation
to CMPs notwithstanding section 553 of
title 5, United States Code.
Additionally, the methodology used for
adjusting CMPs for inflation is given by
statute, with no discretion provided to
agencies regarding the substance of the
adjustments for inflation to CMPs. The
Department of Commerce is charged
only with performing ministerial
computations to determine the dollar
amounts of adjustments for inflation to
CMPs. Accordingly, prior public notice
and an opportunity for public comment
are not required for this rule. For the
same reasons, there is good cause under
5 U.S.C. 553(d)(3) to waive the 30-day
delay in effective date.
Paperwork Reduction Act
The provisions of the Paperwork
Reduction Act of 1995, Public Law 104–
13, 44 U.S.C. Chapter 35, and its
implementing regulations, 5 CFR part
1320, do not apply to this rule because
there are no new or revised
recordkeeping or reporting
requirements.
Regulatory Analysis
E.O. 12866, Regulatory Review
This rule is not a significant
regulatory action as that term is defined
in Executive Order 12866.
Regulatory Flexibility Act
Because notice of proposed
rulemaking and opportunity for
comment are not required pursuant to 5
U.S.C. 553, or any other law, the
analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601,
et seq.) are inapplicable. Therefore, a
regulatory flexibility analysis is not
required and has not been prepared.
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
89301
List of Subjects in 15 CFR Part 6
Civil monetary penalties, Law
enforcement.
Dated: December 20, 2023.
Stephen M. Kunze,
Deputy Chief Financial Officer and Director
for Financial Management, Department of
Commerce.
For the reasons stated in the preamble,
the Department of Commerce revises 15
CFR part 6 to read as follows:
■
PART 6—CIVIL MONETARY PENALTY
ADJUSTMENTS FOR INFLATION
Sec.
6.1 Definitions.
6.2 Purpose and scope.
6.3 Adjustments for inflation to civil
monetary penalties.
6.4 Effective date of adjustments for
inflation to civil monetary penalties.
6.5 Subsequent annual adjustments for
inflation to civil monetary penalties.
Authority: Pub. L. 101–410, 104 Stat. 890
(28 U.S.C. 2461 note); Pub. L. 104–134, 110
Stat. 1321 (31 U.S.C. 3701 note); Sec. 701 of
Pub. L. 114–74, 129 Stat. 599 (28 U.S.C. 1
note; 28 U.S.C. 2461 note).
§ 6.1
Definitions.
(a) The Department of Commerce
means the United States Department of
Commerce.
(b) Civil Monetary Penalty means any
penalty, fine, or other sanction that:
(1) Is for a specific monetary amount
as provided by Federal law, or has a
maximum amount provided for by
Federal law; and
(2) Is assessed or enforced by an
agency pursuant to Federal law; and
(3) Is assessed or enforced pursuant to
an administrative proceeding or a civil
action in the Federal courts.
§ 6.2
Purpose and scope.
The purpose of this part is to make
adjustments for inflation to civil
monetary penalties, as required by the
Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410; 28 U.S.C. 2461), as amended by the
Debt Collection Improvement Act of
1996 (Pub. L. 104–134) and the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (Section 701
of Pub. L. 114–74), of each civil
monetary penalty provided by law
within the jurisdiction of the United
States Department of Commerce
(Department of Commerce).
§ 6.3 Adjustments for inflation to civil
monetary penalties.
The civil monetary penalties provided
by law within the jurisdiction of the
Department of Commerce, as set forth in
paragraphs (a) through (f) of this section,
are hereby adjusted for inflation in
E:\FR\FM\27DER1.SGM
27DER1
ddrumheller on DSK120RN23PROD with RULES1
89302
Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Rules and Regulations
accordance with the Federal Civil
Penalties Inflation Adjustment Act of
1990, as amended, from the amounts of
such civil monetary penalties that were
in effect as of January 15, 2023, to the
amounts of such civil monetary
penalties, as thus adjusted. The year
stated in parenthesis represents the year
that the civil monetary penalty was last
set by law or adjusted by law (excluding
adjustments for inflation).
(a) United States Department of
Commerce. (1) 31 U.S.C. 3802(a)(1),
Program Fraud Civil Remedies Act of
1986 (1986), violation, maximum from
$13,508 to $13,946.
(2) 31 U.S.C. 3802(a)(2), Program
Fraud Civil Remedies Act of 1986
(1986), violation, maximum from
$13,508 to $13,946.
(3) 31 U.S.C. 3729(a)(1)(G), False
Claims Act (1986); violation, minimum
from $13,508 to $13,946; maximum
from $27,018 to $27,894.
(b) Bureau of Economic Analysis. 22
U.S.C. 3105(a), International Investment
and Trade in Services Act (1990); failure
to furnish information, minimum from
$5,580 to $5,761; maximum from
$55,808 to $57,617.
(c) Bureau of Industry and Security.
(1) 15 U.S.C. 5408(b)(1), Fastener
Quality Act (1990), violation, maximum
from $55,808 to $57,617.
(2) 22 U.S.C. 6761(a)(1)(A), Chemical
Weapons Convention Implementation
Act (1998), violation, maximum from
$45,429 to $46,901.
(3) 22 U.S.C. 6761(a)(l)(B), Chemical
Weapons Convention Implementation
Act (1998), violation, maximum from
$9,086 to $9,380.
(4) 50 U.S.C. 1705(b), International
Emergency Economic Powers Act
(2007), violation, maximum from
$356,579 to $368,136.
(5) 22 U.S.C. 8142(a), United States
Additional Protocol Implementation Act
(2006), violation, maximum from
$36,919 to $38,116.
(6) 50 U.S.C. 4819, Export Controls
Act of 2018 (2018), violation, maximum
from $353,534 to $364,992
(d) Census Bureau. (1) 13 U.S.C. 304,
Collection of Foreign Trade Statistics
(2002), each day’s delinquency of a
violation; total of not to exceed
maximum per violation, from $1,643 to
$1,696; maximum per violation, from
$16,438 to $16,971.
(2) 13 U.S.C. 305(b), Collection of
Foreign Trade Statistics (2002),
violation, maximum from $16,438 to
$16,971.
(e) International Trade
Administration. (1) 19 U.S.C. 81s,
Foreign Trade Zone (1934), violation,
maximum from $3,446 to $3,558.
VerDate Sep<11>2014
15:06 Dec 26, 2023
Jkt 262001
(2) 19 U.S.C. 1677f(f)(4), U.S.-Canada
Free Trade Agreement Protective Order
(1988), violation, maximum from
$247,929 to $255,964.
(f) National Oceanic and Atmospheric
Administration. (1) 51 U.S.C. 60123(a),
Land Remote Sensing Policy Act of 2010
(2010), violation, maximum from
$13,625 to $14,067.
(2) 51 U.S.C. 60148(c), Land Remote
Sensing Policy Act of 2010 (2010),
violation, maximum from $13,625 to
$14,067.
(3) 16 U.S.C. 773f(a), Northern Pacific
Halibut Act of 1982 (2007), violation,
maximum from $285,265 to $294,510.
(4) 16 U.S.C. 783, Sponge Act (1914),
violation, maximum from $2,037 to
$2,103.
(5) 16 U.S.C. 957(d), (e), and (f), Tuna
Conventions Act of 1950 (1962):
(i) Violation of 16 U.S.C. 957(a),
maximum from $101,805 to $105,105.
(ii) Subsequent violation of 16 U.S.C.
957(a), maximum from $219,273 to
$226,380.
(iii) Violation of 16 U.S.C. 957(b),
maximum from $3,446 to $3,558.
(iv) Subsequent violation of 16 U.S.C.
957(b), maximum from $20,362 to
$21,022.
(v) Violation of 16 U.S.C. 957(c),
maximum from $438,548 to $452,761.
(6) 16 U.S.C. 957(i), Tuna
Conventions Act of 1950,1 violation,
maximum from $223,229 to $230,464.
(7) 16 U.S.C. 959, Tuna Conventions
Act of 1950,2 violation, maximum from
$223,229 to $230,464.
(8) 16 U.S.C. 971f(a), Atlantic Tunas
Convention Act of 1975,3 violation,
maximum from $223,229 to $230,464.
(9) 16 U.S.C. 973f(a), South Pacific
Tuna Act of 1988 (1988), violation,
maximum from $619,820 to $639,908.
(10) 16 U.S.C. 1174(b), Fur Seal Act
Amendments of 1983 (1983), violation,
maximum from $29,505 to $30,461.
(11) 16 U.S.C. 1375(a)(1), Marine
Mammal Protection Act of 1972 (1972),
violation, maximum from $34,457 to
$35,574.
(12) 16 U.S.C. 1385(e), Dolphin
Protection Consumer Information Act,4
violation, maximum from $223,229 to
$230,464.
(13) 16 U.S.C. 1437(d)(1), National
Marine Sanctuaries Act (1992),
violation, maximum from $210,161 to
$216,972.
1This National Oceanic and Atmospheric
Administration maximum civil monetary penalty,
as prescribed by law, is the maximum civil
monetary penalty per 16 U.S.C. 1858(a), MagnusonStevens Fishery Conservation and Management Act
civil monetary penalty (paragraph (f)(15) of this
section).
2 See footnote 1.
3 See footnote 1.
4 See footnote 1.
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
(14) 16 U.S.C. 1540(a)(1), Endangered
Species Act of 1973:
(i) Violation as specified (1988),
maximum from $61,982 to $63,991.
(ii) Violation as specified (1988),
maximum from $29,751 to $30,715.
(iii) Otherwise violation (1978),
maximum from $2,037 to $2,103.
(15) 16 U.S.C. 1858(a), MagnusonStevens Fishery Conservation and
Management Act (1990), violation,
maximum from $223,229 to $230,464.
(16) 16 U.S.C. 2437(a), Antarctic
Marine Living Resources Convention
Act of 1984,5 violation, maximum from
$223,229 to $230,464.
(17) 16 U.S.C. 2465(a), Antarctic
Protection Act of 1990,6 violation,
maximum from $223,229 to $230,464.
(18) 16 U.S.C. 3373(a), Lacey Act
Amendments of 1981 (1981):
(i) 16 U.S.C. 3373(a)(1), violation,
maximum from $31,908 to $32,942.
(ii) 16 U.S.C. 3373(a)(2), violation,
maximum from $797 to $823.
(19) 16 U.S.C. 3606(b)(1), Atlantic
Salmon Convention Act of 1982,7
violation, maximum from $223,229 to
$230,464.
(20) 16 U.S.C. 3637(b), Pacific Salmon
Treaty Act of 1985,8 violation,
maximum from $223,229 to $230,464.
(21) 16 U.S.C. 4016(b)(1)(B), Fish and
Seafood Promotion Act of 1986 (1986);
violation, minimum from $1,350 to
$1,394; maximum from $13,508 to
$13,946.
(22) 16 U.S.C. 5010, North Pacific
Anadromous Stocks Act of 1992,9
violation, maximum from $223,229 to
$230,464.
(23) 16 U.S.C. 5103(b)(2), Atlantic
Coastal Fisheries Cooperative
Management Act,10 violation, maximum
from $223,229 to $230,464.
(24) 16 U.S.C. 5154(c)(1), Atlantic
Striped Bass Conservation Act,11
violation, maximum from $223,229 to
$230,464.
(25) 16 U.S.C. 5507(a), High Seas
Fishing Compliance Act of 1995 (1995),
violation, maximum from $193,890 to
$200,174.
(26) 16 U.S.C. 5606(b), Northwest
Atlantic Fisheries Convention Act of
1995,12 violation, maximum from
$223,229 to $230,464.
5 See
footnote 1.
footnote 1.
7 This National Oceanic and Atmospheric
Administration maximum civil monetary penalty,
as prescribed by law, is the maximum civil
monetary penalty per 16 U.S.C. 1858(a), MagnusonStevens Fishery Conservation and Management Act
civil monetary penalty (paragraph (f)(15) of this
section).
8 See footnote 7.
9 See footnote 7.
10 See footnote 7.
11 See footnote 7.
12 See footnote 7.
6 See
E:\FR\FM\27DER1.SGM
27DER1
Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Rules and Regulations
(27) 16 U.S.C. 6905(c), Western and
Central Pacific Fisheries Convention
Implementation Act,13 violation,
maximum from $223,229 to $230,464.
(28) 16 U.S.C. 7009(c) and (d), Pacific
Whiting Act of 2006,14 violation,
maximum from $223,229 to $230,464.
(29) 22 U.S.C. 1978(e), Fishermen’s
Protective Act of 1967 (1971):
(i) Violation, maximum from $34,457
to $35,574.
(ii) Subsequent violation, maximum
from $101,805 to $105,105.
(30) 30 U.S.C. 1462(a), Deep Seabed
Hard Mineral Resources Act (1980),
violation, maximum, from $87,855 to
$90,702.
(31) 42 U.S.C. 9152(c), Ocean Thermal
Energy Conversion Act of 1980 (1980),
violation, maximum from $87,855 to
$90,702.
(32) 16 U.S.C. 1827a, Billfish
Conservation Act of 2012,15 violation,
maximum from $223,229 to $230,464.
(33) 16 U.S.C. 7407(b), Port State
Measures Agreement Act of 2015,16
violation, maximum from $223,229 to
$230,464.
(34) 16 U.S.C. 1826g(f), High Seas
Driftnet Fishing Moratorium Protection
Act,17 violation, maximum from
$223,229 to $230,464.
(35) 16 U.S.C. 7705, Ensuring Access
to Pacific Fisheries Act,18 violation,
maximum from $223,229 to $230,464.
(36) 16 U.S.C. 7805, Ensuring Access
to Pacific Fisheries Act,19 violation,
maximum from $223,229 to $230,464.
(37) 16 U.S.C. 1857 note, James M.
Inhofe National Defense Authorization
Act for Fiscal Year 2023,20 (newly
reported penalty), violation, maximum
$230,464.
(g) National Technical Information
Service. 42 U.S.C. 1306c(c), Bipartisan
Budget Act of 2013 (2013), violation,
minimum from $1,158 to $1,196;
maximum total penalty on any person
for any calendar year, excluding willful
or intentional violations, from $289,504
to $298,887.
(h) Office of the Under Secretary for
Economic Affairs. 15 U.S.C. 113,
Concrete Masonry Products Research,
Education, and Promotion Act of 2018,
violation, maximum from $5,000 to
$5,162.
§ 6.4 Effective date of adjustments for
inflation to civil monetary penalties.
ddrumheller on DSK120RN23PROD with RULES1
The Department of Commerce’s 2024
adjustments for inflation made by § 6.3,
13 See
footnote 7.
footnote 7.
15 See footnote 7.
16 See footnote 7.
17 See footnote 7.
18 See footnote 7.
19 See footnote 7.
20 See footnote 7.
14 See
VerDate Sep<11>2014
15:06 Dec 26, 2023
Jkt 262001
of the civil monetary penalties there
specified, are effective on January 15,
2024, and said civil monetary penalties,
as thus adjusted by the adjustments for
inflation made by § 6.3, apply only to
those civil monetary penalties,
including those whose associated
violation predated such adjustment,
which are assessed by the Department of
Commerce after the effective date of the
new civil monetary penalty level, and
before the effective date of any future
adjustments for inflation to civil
monetary penalties thereto made
subsequent to January 15, 2024 as
provided in § 6.5.
§ 6.5 Subsequent annual adjustments for
inflation to civil monetary penalties.
The Secretary of Commerce or his or
her designee by regulation shall make
subsequent adjustments for inflation to
the Department of Commerce’s civil
monetary penalties annually, which
shall take effect not later than January
15, notwithstanding section 553 of title
5, United States Code.
[FR Doc. 2023–28484 Filed 12–26–23; 8:45 am]
BILLING CODE 3510–DP–P
89303
Prescription Drug Advertisements:
Presentation of the Major Statement in
a Clear, Conspicuous, and Neutral
Manner in Advertisements in Television
and Radio Format Final Rule’’ (CCN
Final Rule). The CCN Final Rule
modifies FDA regulations to reflect the
requirement in the Federal Food, Drug,
and Cosmetic Act (FD&C Act) that
human prescription drug
advertisements presented directly to
consumers (DTC) in television or radio
format and stating the name of the drug
and its conditions of use (DTC TV/radio
ads) present the major statement relating
to side effects and contraindications
(major statement) in a clear,
conspicuous, and neutral manner and
establishes standards to help ensure this
requirement is met. The term ‘‘drugs’’ in
this guidance refers to prescription
human drug and biological products.
DATES: The announcement of the
guidance is published in the Federal
Register on December 27, 2023.
ADDRESSES: You may submit either
electronic or written comments on
Agency guidances at any time as
follows:
Electronic Submissions
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 202
Docket No. FDA–2009–N–0582]
Direct-to-Consumer Prescription Drug
Advertisements: Presentation of the
Major Statement in a Clear,
Conspicuous, and Neutral Manner in
Advertisements in Television and
Radio Format Final Rule: Questions
and Answers; Guidance for Industry;
Small Entity Compliance Guide;
Availability
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notification of availability.
The Food and Drug
Administration (FDA, the Agency, or
we) is announcing the availability of a
guidance for industry entitled ‘‘Directto-Consumer Prescription Drug
Advertisements: Presentation of the
Major Statement in a Clear,
Conspicuous, and Neutral Manner in
Advertisements in Television and Radio
Format Final Rule: Questions and
Answers.’’ We are issuing this small
entity compliance guide (SECG) in
accordance with the Small Business
Regulatory Enforcement Fairness Act to
help small businesses understand and
comply with the ‘‘Direct-to-Consumer
SUMMARY:
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
Submit electronic comments in the
following way:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Comments submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket unchanged. Because your
comment will be made public, you are
solely responsible for ensuring that your
comment does not include any
confidential information that you or a
third party may not wish to be posted,
such as medical information, your or
anyone else’s Social Security number, or
confidential business information, such
as a manufacturing process. Please note
that if you include your name, contact
information, or other information that
identifies you in the body of your
comments, that information will be
posted on https://www.regulations.gov.
• If you want to submit a comment
with confidential information that you
do not wish to be made available to the
public, submit the comment as a
written/paper submission and in the
manner detailed (see ‘‘Written/Paper
Submissions’’ and ‘‘Instructions’’).
Written/Paper Submissions
Submit written/paper submissions as
follows:
• Mail/Hand Delivery/Courier (for
written/paper submissions): Dockets
Management Staff (HFA–305), Food and
E:\FR\FM\27DER1.SGM
27DER1
]]>Agencies
[Federal Register Volume 88, Number 247 (Wednesday, December 27, 2023)]
[Rules and Regulations]
[Pages 89300-89303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28484]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Office of the Secretary
15 CFR Part 6
[Docket No. 231129-0280]
RIN 0605-AA66
Civil Monetary Penalty Adjustments for Inflation
AGENCY: Office of the Chief Financial Officer and Assistant Secretary
for Administration, Department of Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule is being issued to adjust for inflation each
civil monetary penalty (CMP) provided by law within the jurisdiction of
the United States Department of Commerce (Department of Commerce). The
Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by
the Debt Collection Improvement Act of 1996 and the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015, required
the head of each agency to adjust for inflation its CMP levels in
effect as of November 2, 2015, under a revised methodology that was
effective for 2016 which provided for initial catch up adjustments for
inflation in 2016, and requires adjustments for inflation to CMPs under
a revised methodology for each year thereafter. The Department of
Commerce's 2024 adjustments for inflation to CMPs apply only to CMPs
with a dollar amount, and will not apply to CMPs written as functions
of violations. The Department of Commerce's 2024 adjustments for
inflation to CMPs apply only to those CMPs, including those whose
associated violation predated such adjustment, which are assessed by
the Department of Commerce after the effective date of the new CMP
level.
DATES: This rule is effective January 15, 2024.
FOR FURTHER INFORMATION CONTACT: Stephen M. Kunze, Deputy Chief
Financial Officer and Director for Financial Management, Office of
Financial Management, at (202) 482-1207, Department of Commerce, 1401
Constitution Avenue NW, Room D200, Washington, DC 20230. The Department
of Commerce's Civil Monetary Penalty Adjustments for Inflation are
available for downloading from the Department of Commerce, Office of
Financial Management's website at the following address: https://www.osec.doc.gov/ofm/OFM_Publications.html.
SUPPLEMENTARY INFORMATION:
Background
The Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub.
L. 101-410; 28 U.S.C. 2461), as amended by the Debt Collection
Improvement Act of 1996 (Pub. L. 104-134), provided for agencies'
adjustments for inflation to CMPs to ensure that CMPs continue to
maintain their deterrent value and that CMPs due to the Federal
Government were properly accounted for and collected.
A CMP is defined as any penalty, fine, or other sanction that:
1. Is for a specific monetary amount as provided by Federal law, or
has a maximum amount provided for by Federal law; and,
2. Is assessed or enforced by an agency pursuant to Federal law;
and,
[[Page 89301]]
3. Is assessed or enforced pursuant to an administrative proceeding
or a civil action in the Federal courts.
On November 2, 2015, the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (Section 701 of Pub. L. 114-74)
further amended the Federal Civil Penalties Inflation Adjustment Act of
1990 to improve the effectiveness of CMPs and to maintain their
deterrent effect. This amendment (1) required agencies to adjust the
CMP levels in effect as of November 2, 2015, with initial catch up
adjustments for inflation through a final rulemaking to take effect no
later than August 1, 2016; and (2) requires agencies to make subsequent
annual adjustments for inflation to CMPs that shall take effect not
later than January 15. The Department of Commerce's 2023 adjustments
for inflation to CMPs were published in the Federal Register on January
3, 2023, and the new CMP levels became effective January 15, 2023.
The Department of Commerce's 2024 adjustments for inflation to CMPs
apply only to CMPs with a dollar amount, and will not apply to CMPs
written as functions of violations. These 2024 adjustments for
inflation apply only to those CMPs, including those whose associated
violation predated such adjustment, which are assessed by the
Department of Commerce after the effective date of the new CMP level.
This regulation adjusts for inflation CMPs that are provided by law
within the jurisdiction of the Department of Commerce. The actual CMP
assessed for a particular violation is dependent upon a variety of
factors. For example, the National Oceanic and Atmospheric
Administration's (NOAA) Policy for the Assessment of Civil
Administrative Penalties and Permit Sanctions (Penalty Policy), a
compilation of NOAA internal guidelines that are used when assessing
CMPs for violations for most of the statutes NOAA enforces, will be
interpreted in a manner consistent with this regulation to maintain the
deterrent effect of the CMPs. The CMP ranges in the Penalty Policy are
intended to aid enforcement attorneys in determining the appropriate
CMP to assess for a particular violation. NOAA's Penalty Policy is
maintained and made available to the public on NOAA's Office of the
General Counsel, Enforcement Section website at: https://www.noaa.gov/general-counsel/gc-enforcement-section.
The Department of Commerce's 2024 adjustments for inflation to CMPs
set forth in this regulation were determined pursuant to the
methodology prescribed by the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015, which requires the maximum
CMP, or the minimum and maximum CMP, as applicable, to be increased by
the cost-of-living adjustment. The term ``cost-of-living adjustment''
is defined by the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015. For the 2024 adjustments for inflation to
CMPs, the cost-of-living adjustment is the percentage for each CMP by
which the Consumer Price Index for the month of October 2023 exceeds
the Consumer Price Index for the month of October 2022.
Classification
Pursuant to 5 U.S.C. 553(b)(3)(B), there is good cause to issue
this rule without prior public notice or opportunity for public comment
because it would be unnecessary. The Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (Section 701(b)) requires
agencies to make annual adjustments for inflation to CMPs
notwithstanding section 553 of title 5, United States Code.
Additionally, the methodology used for adjusting CMPs for inflation is
given by statute, with no discretion provided to agencies regarding the
substance of the adjustments for inflation to CMPs. The Department of
Commerce is charged only with performing ministerial computations to
determine the dollar amounts of adjustments for inflation to CMPs.
Accordingly, prior public notice and an opportunity for public comment
are not required for this rule. For the same reasons, there is good
cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effective
date.
Paperwork Reduction Act
The provisions of the Paperwork Reduction Act of 1995, Public Law
104-13, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR
part 1320, do not apply to this rule because there are no new or
revised recordkeeping or reporting requirements.
Regulatory Analysis
E.O. 12866, Regulatory Review
This rule is not a significant regulatory action as that term is
defined in Executive Order 12866.
Regulatory Flexibility Act
Because notice of proposed rulemaking and opportunity for comment
are not required pursuant to 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act (5 U.S.C.
601, et seq.) are inapplicable. Therefore, a regulatory flexibility
analysis is not required and has not been prepared.
List of Subjects in 15 CFR Part 6
Civil monetary penalties, Law enforcement.
Dated: December 20, 2023.
Stephen M. Kunze,
Deputy Chief Financial Officer and Director for Financial Management,
Department of Commerce.
0
For the reasons stated in the preamble, the Department of Commerce
revises 15 CFR part 6 to read as follows:
PART 6--CIVIL MONETARY PENALTY ADJUSTMENTS FOR INFLATION
Sec.
6.1 Definitions.
6.2 Purpose and scope.
6.3 Adjustments for inflation to civil monetary penalties.
6.4 Effective date of adjustments for inflation to civil monetary
penalties.
6.5 Subsequent annual adjustments for inflation to civil monetary
penalties.
Authority: Pub. L. 101-410, 104 Stat. 890 (28 U.S.C. 2461
note); Pub. L. 104-134, 110 Stat. 1321 (31 U.S.C. 3701 note); Sec.
701 of Pub. L. 114-74, 129 Stat. 599 (28 U.S.C. 1 note; 28 U.S.C.
2461 note).
Sec. 6.1 Definitions.
(a) The Department of Commerce means the United States Department
of Commerce.
(b) Civil Monetary Penalty means any penalty, fine, or other
sanction that:
(1) Is for a specific monetary amount as provided by Federal law,
or has a maximum amount provided for by Federal law; and
(2) Is assessed or enforced by an agency pursuant to Federal law;
and
(3) Is assessed or enforced pursuant to an administrative
proceeding or a civil action in the Federal courts.
Sec. 6.2 Purpose and scope.
The purpose of this part is to make adjustments for inflation to
civil monetary penalties, as required by the Federal Civil Penalties
Inflation Adjustment Act of 1990 (Pub. L. 101-410; 28 U.S.C. 2461), as
amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104-
134) and the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (Section 701 of Pub. L. 114-74), of each civil
monetary penalty provided by law within the jurisdiction of the United
States Department of Commerce (Department of Commerce).
Sec. 6.3 Adjustments for inflation to civil monetary penalties.
The civil monetary penalties provided by law within the
jurisdiction of the Department of Commerce, as set forth in paragraphs
(a) through (f) of this section, are hereby adjusted for inflation in
[[Page 89302]]
accordance with the Federal Civil Penalties Inflation Adjustment Act of
1990, as amended, from the amounts of such civil monetary penalties
that were in effect as of January 15, 2023, to the amounts of such
civil monetary penalties, as thus adjusted. The year stated in
parenthesis represents the year that the civil monetary penalty was
last set by law or adjusted by law (excluding adjustments for
inflation).
(a) United States Department of Commerce. (1) 31 U.S.C. 3802(a)(1),
Program Fraud Civil Remedies Act of 1986 (1986), violation, maximum
from $13,508 to $13,946.
(2) 31 U.S.C. 3802(a)(2), Program Fraud Civil Remedies Act of 1986
(1986), violation, maximum from $13,508 to $13,946.
(3) 31 U.S.C. 3729(a)(1)(G), False Claims Act (1986); violation,
minimum from $13,508 to $13,946; maximum from $27,018 to $27,894.
(b) Bureau of Economic Analysis. 22 U.S.C. 3105(a), International
Investment and Trade in Services Act (1990); failure to furnish
information, minimum from $5,580 to $5,761; maximum from $55,808 to
$57,617.
(c) Bureau of Industry and Security. (1) 15 U.S.C. 5408(b)(1),
Fastener Quality Act (1990), violation, maximum from $55,808 to
$57,617.
(2) 22 U.S.C. 6761(a)(1)(A), Chemical Weapons Convention
Implementation Act (1998), violation, maximum from $45,429 to $46,901.
(3) 22 U.S.C. 6761(a)(l)(B), Chemical Weapons Convention
Implementation Act (1998), violation, maximum from $9,086 to $9,380.
(4) 50 U.S.C. 1705(b), International Emergency Economic Powers Act
(2007), violation, maximum from $356,579 to $368,136.
(5) 22 U.S.C. 8142(a), United States Additional Protocol
Implementation Act (2006), violation, maximum from $36,919 to $38,116.
(6) 50 U.S.C. 4819, Export Controls Act of 2018 (2018), violation,
maximum from $353,534 to $364,992
(d) Census Bureau. (1) 13 U.S.C. 304, Collection of Foreign Trade
Statistics (2002), each day's delinquency of a violation; total of not
to exceed maximum per violation, from $1,643 to $1,696; maximum per
violation, from $16,438 to $16,971.
(2) 13 U.S.C. 305(b), Collection of Foreign Trade Statistics
(2002), violation, maximum from $16,438 to $16,971.
(e) International Trade Administration. (1) 19 U.S.C. 81s, Foreign
Trade Zone (1934), violation, maximum from $3,446 to $3,558.
(2) 19 U.S.C. 1677f(f)(4), U.S.-Canada Free Trade Agreement
Protective Order (1988), violation, maximum from $247,929 to $255,964.
(f) National Oceanic and Atmospheric Administration. (1) 51 U.S.C.
60123(a), Land Remote Sensing Policy Act of 2010 (2010), violation,
maximum from $13,625 to $14,067.
(2) 51 U.S.C. 60148(c), Land Remote Sensing Policy Act of 2010
(2010), violation, maximum from $13,625 to $14,067.
(3) 16 U.S.C. 773f(a), Northern Pacific Halibut Act of 1982 (2007),
violation, maximum from $285,265 to $294,510.
(4) 16 U.S.C. 783, Sponge Act (1914), violation, maximum from
$2,037 to $2,103.
(5) 16 U.S.C. 957(d), (e), and (f), Tuna Conventions Act of 1950
(1962):
(i) Violation of 16 U.S.C. 957(a), maximum from $101,805 to
$105,105.
(ii) Subsequent violation of 16 U.S.C. 957(a), maximum from
$219,273 to $226,380.
(iii) Violation of 16 U.S.C. 957(b), maximum from $3,446 to $3,558.
(iv) Subsequent violation of 16 U.S.C. 957(b), maximum from $20,362
to $21,022.
(v) Violation of 16 U.S.C. 957(c), maximum from $438,548 to
$452,761.
(6) 16 U.S.C. 957(i), Tuna Conventions Act of 1950,\1\ violation,
maximum from $223,229 to $230,464.
---------------------------------------------------------------------------
\1\ This National Oceanic and Atmospheric Administration maximum
civil monetary penalty, as prescribed by law, is the maximum civil
monetary penalty per 16 U.S.C. 1858(a), Magnuson-Stevens Fishery
Conservation and Management Act civil monetary penalty (paragraph
(f)(15) of this section).
---------------------------------------------------------------------------
(7) 16 U.S.C. 959, Tuna Conventions Act of 1950,\2\ violation,
maximum from $223,229 to $230,464.
---------------------------------------------------------------------------
\2\ See footnote 1.
---------------------------------------------------------------------------
(8) 16 U.S.C. 971f(a), Atlantic Tunas Convention Act of 1975,\3\
violation, maximum from $223,229 to $230,464.
---------------------------------------------------------------------------
\3\ See footnote 1.
---------------------------------------------------------------------------
(9) 16 U.S.C. 973f(a), South Pacific Tuna Act of 1988 (1988),
violation, maximum from $619,820 to $639,908.
(10) 16 U.S.C. 1174(b), Fur Seal Act Amendments of 1983 (1983),
violation, maximum from $29,505 to $30,461.
(11) 16 U.S.C. 1375(a)(1), Marine Mammal Protection Act of 1972
(1972), violation, maximum from $34,457 to $35,574.
(12) 16 U.S.C. 1385(e), Dolphin Protection Consumer Information
Act,\4\ violation, maximum from $223,229 to $230,464.
---------------------------------------------------------------------------
\4\ See footnote 1.
---------------------------------------------------------------------------
(13) 16 U.S.C. 1437(d)(1), National Marine Sanctuaries Act (1992),
violation, maximum from $210,161 to $216,972.
(14) 16 U.S.C. 1540(a)(1), Endangered Species Act of 1973:
(i) Violation as specified (1988), maximum from $61,982 to $63,991.
(ii) Violation as specified (1988), maximum from $29,751 to
$30,715.
(iii) Otherwise violation (1978), maximum from $2,037 to $2,103.
(15) 16 U.S.C. 1858(a), Magnuson-Stevens Fishery Conservation and
Management Act (1990), violation, maximum from $223,229 to $230,464.
(16) 16 U.S.C. 2437(a), Antarctic Marine Living Resources
Convention Act of 1984,\5\ violation, maximum from $223,229 to
$230,464.
---------------------------------------------------------------------------
\5\ See footnote 1.
---------------------------------------------------------------------------
(17) 16 U.S.C. 2465(a), Antarctic Protection Act of 1990,\6\
violation, maximum from $223,229 to $230,464.
---------------------------------------------------------------------------
\6\ See footnote 1.
---------------------------------------------------------------------------
(18) 16 U.S.C. 3373(a), Lacey Act Amendments of 1981 (1981):
(i) 16 U.S.C. 3373(a)(1), violation, maximum from $31,908 to
$32,942.
(ii) 16 U.S.C. 3373(a)(2), violation, maximum from $797 to $823.
(19) 16 U.S.C. 3606(b)(1), Atlantic Salmon Convention Act of
1982,\7\ violation, maximum from $223,229 to $230,464.
---------------------------------------------------------------------------
\7\ This National Oceanic and Atmospheric Administration maximum
civil monetary penalty, as prescribed by law, is the maximum civil
monetary penalty per 16 U.S.C. 1858(a), Magnuson-Stevens Fishery
Conservation and Management Act civil monetary penalty (paragraph
(f)(15) of this section).
---------------------------------------------------------------------------
(20) 16 U.S.C. 3637(b), Pacific Salmon Treaty Act of 1985,\8\
violation, maximum from $223,229 to $230,464.
---------------------------------------------------------------------------
\8\ See footnote 7.
---------------------------------------------------------------------------
(21) 16 U.S.C. 4016(b)(1)(B), Fish and Seafood Promotion Act of
1986 (1986); violation, minimum from $1,350 to $1,394; maximum from
$13,508 to $13,946.
(22) 16 U.S.C. 5010, North Pacific Anadromous Stocks Act of
1992,\9\ violation, maximum from $223,229 to $230,464.
---------------------------------------------------------------------------
\9\ See footnote 7.
---------------------------------------------------------------------------
(23) 16 U.S.C. 5103(b)(2), Atlantic Coastal Fisheries Cooperative
Management Act,\10\ violation, maximum from $223,229 to $230,464.
---------------------------------------------------------------------------
\10\ See footnote 7.
---------------------------------------------------------------------------
(24) 16 U.S.C. 5154(c)(1), Atlantic Striped Bass Conservation
Act,\11\ violation, maximum from $223,229 to $230,464.
---------------------------------------------------------------------------
\11\ See footnote 7.
---------------------------------------------------------------------------
(25) 16 U.S.C. 5507(a), High Seas Fishing Compliance Act of 1995
(1995), violation, maximum from $193,890 to $200,174.
(26) 16 U.S.C. 5606(b), Northwest Atlantic Fisheries Convention Act
of 1995,\12\ violation, maximum from $223,229 to $230,464.
---------------------------------------------------------------------------
\12\ See footnote 7.
---------------------------------------------------------------------------
[[Page 89303]]
(27) 16 U.S.C. 6905(c), Western and Central Pacific Fisheries
Convention Implementation Act,\13\ violation, maximum from $223,229 to
$230,464.
---------------------------------------------------------------------------
\13\ See footnote 7.
---------------------------------------------------------------------------
(28) 16 U.S.C. 7009(c) and (d), Pacific Whiting Act of 2006,\14\
violation, maximum from $223,229 to $230,464.
---------------------------------------------------------------------------
\14\ See footnote 7.
---------------------------------------------------------------------------
(29) 22 U.S.C. 1978(e), Fishermen's Protective Act of 1967 (1971):
(i) Violation, maximum from $34,457 to $35,574.
(ii) Subsequent violation, maximum from $101,805 to $105,105.
(30) 30 U.S.C. 1462(a), Deep Seabed Hard Mineral Resources Act
(1980), violation, maximum, from $87,855 to $90,702.
(31) 42 U.S.C. 9152(c), Ocean Thermal Energy Conversion Act of 1980
(1980), violation, maximum from $87,855 to $90,702.
(32) 16 U.S.C. 1827a, Billfish Conservation Act of 2012,\15\
violation, maximum from $223,229 to $230,464.
---------------------------------------------------------------------------
\15\ See footnote 7.
---------------------------------------------------------------------------
(33) 16 U.S.C. 7407(b), Port State Measures Agreement Act of
2015,\16\ violation, maximum from $223,229 to $230,464.
---------------------------------------------------------------------------
\16\ See footnote 7.
---------------------------------------------------------------------------
(34) 16 U.S.C. 1826g(f), High Seas Driftnet Fishing Moratorium
Protection Act,\17\ violation, maximum from $223,229 to $230,464.
---------------------------------------------------------------------------
\17\ See footnote 7.
---------------------------------------------------------------------------
(35) 16 U.S.C. 7705, Ensuring Access to Pacific Fisheries Act,\18\
violation, maximum from $223,229 to $230,464.
---------------------------------------------------------------------------
\18\ See footnote 7.
---------------------------------------------------------------------------
(36) 16 U.S.C. 7805, Ensuring Access to Pacific Fisheries Act,\19\
violation, maximum from $223,229 to $230,464.
---------------------------------------------------------------------------
\19\ See footnote 7.
---------------------------------------------------------------------------
(37) 16 U.S.C. 1857 note, James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023,\20\ (newly reported penalty),
violation, maximum $230,464.
---------------------------------------------------------------------------
\20\ See footnote 7.
---------------------------------------------------------------------------
(g) National Technical Information Service. 42 U.S.C. 1306c(c),
Bipartisan Budget Act of 2013 (2013), violation, minimum from $1,158 to
$1,196; maximum total penalty on any person for any calendar year,
excluding willful or intentional violations, from $289,504 to $298,887.
(h) Office of the Under Secretary for Economic Affairs. 15 U.S.C.
113, Concrete Masonry Products Research, Education, and Promotion Act
of 2018, violation, maximum from $5,000 to $5,162.
Sec. 6.4 Effective date of adjustments for inflation to civil
monetary penalties.
The Department of Commerce's 2024 adjustments for inflation made by
Sec. 6.3, of the civil monetary penalties there specified, are
effective on January 15, 2024, and said civil monetary penalties, as
thus adjusted by the adjustments for inflation made by Sec. 6.3, apply
only to those civil monetary penalties, including those whose
associated violation predated such adjustment, which are assessed by
the Department of Commerce after the effective date of the new civil
monetary penalty level, and before the effective date of any future
adjustments for inflation to civil monetary penalties thereto made
subsequent to January 15, 2024 as provided in Sec. 6.5.
Sec. 6.5 Subsequent annual adjustments for inflation to civil
monetary penalties.
The Secretary of Commerce or his or her designee by regulation
shall make subsequent adjustments for inflation to the Department of
Commerce's civil monetary penalties annually, which shall take effect
not later than January 15, notwithstanding section 553 of title 5,
United States Code.
[FR Doc. 2023-28484 Filed 12-26-23; 8:45 am]
BILLING CODE 3510-DP-P
