Department of State 2024 Civil Monetary Penalties Inflationary Adjustment, 700-702 [2023-29003]
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700
Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Rules and Regulations
TABLE 2 TO PARAGRAPH (b)—Continued
If the level of activity in
the report was:
And the report was filed late, the civil money penalty is:
Or the report was not filed, the civil money
penalty is:
$950,000 or over ...........
[$13,261 + ($353 × Number of days late)] × [1 + (.25 × Number of
previous violations)].
$28,292 × [1 + (.25 × Number of previous violations)].
a The
civil money penalty for a respondent who does not have any previous violations will not exceed the level of activity in the report.
(c) If the respondent fails to file a
required report and the Commission
cannot calculate the level of activity
under paragraph (d) of this section, then
the civil money penalty shall be $9,725.
*
*
*
*
*
§ 111.44
[Amended]
4. Amend § 111.44 in paragraph (a)(1)
by removing ‘‘$172’’ and adding in its
place ‘‘$178’’.
■
Dated: December 29, 2023.
On behalf of the Commission.
Dara S. Lindenbaum,
Chair, Federal Election Commission.
[FR Doc. 2024–00028 Filed 1–4–24; 8:45 am]
BILLING CODE 6715–01–P
DEPARTMENT OF STATE
22 CFR Parts 35, 103, 127, and 138
[Public Notice: 12298]
RIN 1400–AF72
Department of State 2024 Civil
Monetary Penalties Inflationary
Adjustment
Department of State.
Final rule.
AGENCY:
ACTION:
This final rule is issued to
adjust the civil monetary penalties
(CMP) for regulatory provisions
maintained and enforced by the
Department of State. The revised CMP
adjusts the amount of civil monetary
penalties assessed by the Department of
State based on the December 2023
guidance from the Office of
Management and Budget and by recent
legislation. For penalties adjusted
according to the December 2023
guidance, the new amounts will apply
only to those penalties assessed on or
after the effective date of this rule,
regardless of the date on which the
underlying facts or violations occurred.
DATES: This final rule is effective on
January 5, 2024.
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
1 81
FR 36771 (Jun. 8, 2016).
VerDate Sep<11>2014
16:13 Jan 04, 2024
FOR FURTHER INFORMATION CONTACT:
Alice Kottmyer, Attorney-Adviser,
Office of Management, kottmyeram@
state.gov. ATTN: Regulatory Change,
CMP Adjustments, (202) 647–2318.
SUPPLEMENTARY INFORMATION: The
Federal Civil Penalties Inflation
Adjustment Act of 1990, Public Law
101–410, as amended by the Debt
Collection Improvement Act of 1996,
Public Law 104–134, required the head
of each agency to adjust its CMPs for
inflation no later than October 23, 1996
and required agencies to make
adjustments at least once every four
years thereafter. The Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015, Section 701
of Public Law 114–74 (the 2015 Act)
further amended the 1990 Act by
requiring agencies to adjust CMPs, if
necessary, pursuant to a ‘‘catch-up’’
adjustment methodology prescribed by
the 2015 Act, which mandated that the
catch-up adjustment take effect no later
than August 1, 2016. Additionally, the
2015 Act required agencies to make
annual adjustments to their respective
CMPs in accordance with guidance
issued by the Office of Management and
Budget (OMB).
Based on these statutes, the
Department of State (the Department)
published a final rule in June 2016 1 to
implement the ‘‘catch-up’’ provisions,
followed by annual updates in January
of each year. The most recent update
was in January 2023.2
On December 19, 2023, OMB notified
agencies that the annual cost-of-living
adjustment multiplier for fiscal year
(FY) 2024, based on the Consumer Price
Index, is 1.03241. Additional
information may be found in OMB
Memorandum M–24–07. This final rule
amends Department CMPs for fiscal year
2024.
Overview of the Areas Affected by This
Rule
See the table for specific changes.
Within the Department of State (title 22,
2 88
Jkt 262001
PO 00000
Code of Federal Regulations), this rule
affects four areas:
(1) Part 35, which implements the
Program Fraud Civil Remedies Act of
1986 (PFCRA), codified at 31 U.S.C.
3801–3812. The PFCRA, enacted in
1986, authorizes agencies, with
approval from the Department of Justice,
to pursue individuals or firms for false
claims;
(2) Part 103, which implements the
Chemical Weapons Convention
Implementation Act of 1998 (CWC Act)
(22 U.S.C. 6761). The CWC Act
provided domestic implementation of
the Convention on the Prohibition of the
Development, Production, Stockpiling,
and Use of Chemical Weapons and on
Their Destruction. The penalty
provisions of the CWC Act are codified
at 22 U.S.C. 6761(a);
(3) Part 127, which implements the
penalty provisions of sections 38(e),
39A(c), and 40(k) of the Arms Export
Control Act (AECA) (22 U.S.C. 2778(e),
2779a(c), and 2780(k)). The Assistant
Secretary of State for Political-Military
Affairs is responsible for the imposition
of CMPs under the International Traffic
in Arms Regulations (ITAR), which is
administered by the Directorate of
Defense Trade Controls (DDTC); and
(4) Part 138, which implements
section 319 of Public Law 101–121,
codified at 31 U.S.C. 1352, provides
penalties for recipients of Federal
contracts, grants, and loans who use
appropriated funds to lobby the
executive or legislative branches of the
Federal Government in connection with
a specific contract, grant, or loan. Any
person who violates that prohibition is
subject to a civil penalty. The statute
also requires each person who requests
or receives a Federal contract, grant,
cooperative agreement, loan, or a
Federal commitment to insure or
guarantee a loan, to disclose any
lobbying; there is a penalty for failure to
disclose.
FR 1505 (Jan. 11, 2023).
Frm 00004
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Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Rules and Regulations
701
FY 2024 MULTIPLIER: 1.03241
Citation in 22 CFR
FY 23 penalties
§ 35.3 ...................................
§ 103.6(a)(1) Prohibited Acts
§ 103.6(a)(2) Recordkeeping
Violations.
§ 127.10(a)(1)(i) ....................
$13,508 up to $405,270 ..................................................
$45,429 ...........................................................................
$9,086 .............................................................................
§ 127.10(a)(1)(ii) ...................
§ 127.10(a)(1)(iii) ..................
§ 138.400 First Offenders ....
§ 138.400 Others ..................
$13,946 up to $418,405.
$46,901.
$9,380.
The greater of $1,200,000 or the amount that is twice The greater of $1,238,892 or the amount that is twice
the value of the transaction that is the basis of the
the value of the transaction that is the basis of the
violation with respect to which the penalty is imposed.
violation with respect to which the penalty is imposed.
$996,685, or five times the amount of the prohibited $1,028,988, or five times the amount of the prohibited
payment, whichever is greater.
payment, whichever is greater.
$1,186,338 ...................................................................... $1,224,787.
$23,343 ........................................................................... $24,100.
$23,727 up to $237,268 .................................................. $24,496 up to $244,958.
Effective Date of Penalties
The revised CMP amounts for all
penalties will go into effect on the date
this rule is published. All violations for
which those CMPs are assessed on or
after the effective date of this rule,
regardless of whether the violation
occurred before the effective date, will
be assessed at the adjusted penalty
level.
will not significantly or uniquely affect
small governments. Therefore, no
actions were deemed necessary under
the provisions of the Unfunded
Mandates Reform Act of 1995.
Congressional Review Act
This rule is not a major rule within
the meaning of the Congressional
Review Act, 5 U.S.C. 801 et seq.
Future Adjustments and Reporting
Executive Orders 12372 and 13132
The 2015 Act directed agencies to
undertake an annual review of CMPs
using a formula prescribed by the
statute. Annual adjustments to CMPs are
made in accordance with the guidance
issued by OMB. As in this rulemaking,
the Department of State will publish
notification of annual inflation
adjustments to CMPs in the Federal
Register no later than January 15 of each
year, with the adjusted amount taking
effect immediately upon publication.
This amendment will 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. Therefore, in
accordance with Executive Order 13132,
it is determined that this amendment
does not have sufficient federalism
implications to require consultations or
warrant the preparation of a federalism
summary impact statement.
Regulatory Analysis and Notices
Executive Orders 12866, 14094, and
13563
Administrative Procedure Act
The Department of State is publishing
this rule using the ‘‘good cause’’
exception to the Administrative
Procedure Act (5 U.S.C. 553(b)), as the
Department has determined that public
comment on this rulemaking would be
impractical, unnecessary, or contrary to
the public interest. This rulemaking is
mandatory and entirely without agency
discretion; it implements Public Law
114–74. See 5 U.S.C. 553(d)(3).
Regulatory Flexibility Act
Because this rulemaking is exempt
from 5 U.S.C. 553, a regulatory
flexibility analysis is not required.
lotter on DSK11XQN23PROD with RULES1
New FY 24 max penalties
Unfunded Mandates Reform Act of 1995
This rule does not involve a mandate
that will result in the expenditure by
State, local, and Tribal governments, in
the aggregate, or by the private sector, of
$100 million or more in any year and it
VerDate Sep<11>2014
16:13 Jan 04, 2024
Jkt 262001
The Department believes that benefits
of the rulemaking outweigh any costs,
and there are no feasible alternatives to
this rulemaking. Pursuant to M–23–05,
the Office of Information and Regulatory
Affairs (OIRA) has determined that
agency regulations that (1) exclusively
implement the annual adjustment, (2)
are consistent with this guidance, and
(3) have an annual impact of less than
$100 million, are generally not
significant regulatory actions under E.O.
12866. Therefore, agencies are generally
not required to submit regulations
satisfying those criteria to OIRA for
review. This regulation satisfies all of
those criteria.
minimize litigation, establish clear legal
standards, and reduce burden.
Executive Order 13175
The Department of State has
determined that this rulemaking will
not have tribal implications, will not
impose substantial direct compliance
costs on Indian Tribal governments, and
will not preempt Tribal law.
Accordingly, Executive Order 13175
does not apply to this rulemaking.
Paperwork Reduction Act
This rulemaking does not impose or
revise any information collections
subject to 44 U.S.C. Chapter 35.
List of Subjects
22 CFR Part 35
Administrative practice and
procedure, Claims, Fraud, Penalties.
22 CFR Part 103
Administrative practice and
procedure, Chemicals, Classified
information, Foreign relations, Freedom
of information, International
organization, Investigations, Penalties,
Reporting and recordkeeping
requirements.
22 CFR Part 127
Arms and munitions, Crime, Exports,
Penalties, Seizures and forfeitures.
22 CFR Part 138
Government contracts, Grant
programs, Loan programs, Lobbying,
Penalties, Reporting and recordkeeping
requirements.
For the reasons set forth above, 22
CFR parts 35, 103, 127, and 138 are
amended as follows:
Executive Order 12988
PART 35—PROGRAM FRAUD CIVIL
REMEDIES
The Department of State has reviewed
the amendment in light of Executive
Order 12988 to eliminate ambiguity,
■
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
1. The authority citation for part 35
continues to read as follows:
E:\FR\FM\05JAR1.SGM
05JAR1
702
Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Rules and Regulations
Authority: 22 U.S.C. 2651a; 31 U.S.C. 3801
et seq.; Pub. L. 114–74, 129 Stat. 584.
■
§ 35.3
Kevin E. Bryant,
Deputy Director, Office of Directives
Management, Department of State.
[Amended]
2. In § 35.3:
a. In paragraphs (a)(1) introductory
text, (b)(1)(ii), and (f) remove ‘‘$13,508’’
and add in its place ‘‘13,946; and
■ b. In paragraph (f), remove ‘‘$405,270’’
and add in its place ‘‘$418,405’’.
■
■
PART 103—REGULATIONS FOR
IMPLEMENTATION OF THE CHEMICAL
WEAPONS CONVENTION AND THE
CHEMICAL WEAPONS CONVENTION
IMPLEMENTATION ACT OF 1998 ON
THE TAKING OF SAMPLES AND ON
ENFORCEMENT OF REQUIREMENTS
CONCERNING RECORDKEEPING AND
INSPECTIONS
3. The authority citation for part 103
continues to read as follows:
Authority: 22 U.S.C. 2651a; 22 U.S.C. 6701
et seq.; Pub. L. 114–74, 129 Stat. 584.
[Amended]
4. In § 103.6:
a. In paragraph (a)(1), remove
‘‘$45,429’’ and add in its place
‘‘$46,901’’; and
■ b. In paragraph (a)(2), remove
‘‘$9,086’’ and add in its place ‘‘$9,380’’.
■
■
PART 127—VIOLATIONS AND
PENALTIES
[Amended]
6. In § 127.10:
a. In paragraph (a)(1)(i), remove
‘‘$1,200,000’’ and add in its place
‘‘$1,238,892’’;
■ b. In paragraph (a)(1)(ii), remove
‘‘$996,685’’ and add in its place
‘‘$1,028,988’’; and
■ c. In paragraph (a)(1)(iii), remove
‘‘$1,186,338’’ and add in its place
‘‘$1,224,787’’.
■
■
7. The authority citation for part 138
continues to read as follows:
■
lotter on DSK11XQN23PROD with RULES1
Authority: 22 U.S.C. 2651a; 31 U.S.C. 1352;
Pub. L. 114–74, 129 Stat. 584.
[Amended]
8. In § 138.400:
a. In paragraphs (a), (b), and (e),
remove ‘‘$23,727’’ and ‘‘$237,268’’ and
add in their place ‘‘$24,496’’ and
‘‘$244,958’’, respectively; and
VerDate Sep<11>2014
16:13 Jan 04, 2024
Jkt 262001
Occupational Safety and Health
Administration
29 CFR Part 1952
California Occupational Safety and
Health State Plan; Operational Status
Agreement
Occupational Safety and Health
Administration, Labor.
ACTION: Notification of revisions to the
California State Plan’s Operational
Status Agreement.
This document announces a
new Operational Status Agreement
between the Occupational Safety and
Health Administration (OSHA) and the
California State Plan, which specifies
the areas of State responsibility and
delineates continuing Federal
responsibilities.
SUMMARY:
Effective January 5, 2024.
For press inquiries: Francis Meilinger,
OSHA Office of Communications;
telephone: (202) 693–1999; email:
meilinger.francis2@dol.gov.
For general and technical
information: Douglas J. Kalinowski,
Director, OSHA Directorate of
Cooperative and State Programs;
telephone: (202) 693–2200; email:
kalinowski.doug@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Background
PART 138—RESTRICTIONS ON
LOBBYING
■
■
DEPARTMENT OF LABOR
FOR FURTHER INFORMATION CONTACT:
Authority: Sections 2, 38, and 42, Pub. L.
90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
2791); 22 U.S.C. 401; 22 U.S.C. 2651a; 22
U.S.C. 2779a; 22 U.S.C. 2780; E.O. 13637, 78
FR 16129; Pub. L. 114–74, 129 Stat. 584.
§ 138.400
BILLING CODE 4710–08–P
DATES:
5. The authority citation for part 127
continues to read as follows:
■
§ 127.10
[FR Doc. 2023–29003 Filed 1–4–24; 8:45 am]
AGENCY:
■
§ 103.6
b. In paragraph (e), remove ‘‘$23,343’’
and add in its place ‘‘$24,100’’.
California administers an OSHAapproved State Plan to develop and
enforce occupational safety and health
standards for public-sector and privatesector employers, pursuant to the
provisions of Section 18 of the
Occupational Safety and Health Act (the
OSH Act), 29 U.S.C. 667. The California
Occupational Safety and Health State
Plan received initial Federal OSHA
approval on May 1, 1973 (38 FR 10717),
pursuant to Section 18(c) of the OSH
Act (29 U.S.C. 667(c)), and the Division
of Occupational Safety and Health of the
California Department of Industrial
Relations (DIR) was designated as the
state agency responsible for
administering the State Plan. Pursuant
to Section 18(e) of the Act, 29 U.S.C.
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
667(e), as implemented by 29 CFR
1954.3, OSHA and California DIR
entered into an initial Operational
Status Agreement (OSA) on October 3,
1989, whereby concurrent Federal
enforcement authority was suspended
with regard to Federal occupational
safety and health standards in issues
covered by the State Plan. The 1989
OSA was published in the Federal
Register on July 12, 1990 (55 FR 28612).
Subsequently, on April 30, 2014, OSHA
and California DIR signed a new OSA,
which replaced the prior 1989 OSA. The
new 2014 OSA was published in the
Federal Register on June 2, 2017 (82 FR
25631).
II. Notification of New Operational
Status Agreement
On September 15, 2022, OSHA and
California DIR signed a new OSA,
which replaced the prior 2014 OSA. The
new OSA remains largely the same as
the 2014 OSA, but includes a few
necessary clarifications and corrections,
as briefly described herein. First, the
2022 OSA clarifies that Federal OSHA
enforcement authority within U.S.
military installations applies when the
installations’ borders are ‘‘secured’’ and
access is controlled, but that California
DIR continues to have enforcement
authority over state and local
government employers on such military
installations. Second, the 2022 OSA
defines the ‘‘Federal enclaves’’ over
which Federal OSHA retains
enforcement authority, and revises the
specific list of recognized Federal
enclaves to bring that list up to date.
Third, the 2022 OSA clarifies the scope
of Federal OSHA enforcement authority
over employers operating on Native
American Reservations or Trust lands,
including that California DIR continues
to have enforcement authority over state
and local government employers
operating on such lands and over Tribal
member employers operating outside of
such lands. Fourth, and finally, the 2022
OSA clarifies that the definition of
‘‘maritime employment’’ over which
Federal OSHA maintains enforcement
authority includes all afloat dredging
and pile-driving and similar operations
on navigable waters, and all floating
drilling platforms on navigable waters.
Effective immediately, Federal OSHA
and California DIR will exercise their
respective enforcement authorities
according to the terms of the 2022 OSA
between them. As detailed in the 2022
OSA, Federal enforcement
responsibility under the OSH Act will
continue to be exercised with regard to:
Federal Government employers,
including the United States Postal
Service (USPS), as well as contractors
E:\FR\FM\05JAR1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 4 (Friday, January 5, 2024)]
[Rules and Regulations]
[Pages 700-702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-29003]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Parts 35, 103, 127, and 138
[Public Notice: 12298]
RIN 1400-AF72
Department of State 2024 Civil Monetary Penalties Inflationary
Adjustment
AGENCY: Department of State.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule is issued to adjust the civil monetary
penalties (CMP) for regulatory provisions maintained and enforced by
the Department of State. The revised CMP adjusts the amount of civil
monetary penalties assessed by the Department of State based on the
December 2023 guidance from the Office of Management and Budget and by
recent legislation. For penalties adjusted according to the December
2023 guidance, the new amounts will apply only to those penalties
assessed on or after the effective date of this rule, regardless of the
date on which the underlying facts or violations occurred.
DATES: This final rule is effective on January 5, 2024.
FOR FURTHER INFORMATION CONTACT: Alice Kottmyer, Attorney-Adviser,
Office of Management, [email protected]. ATTN: Regulatory Change,
CMP Adjustments, (202) 647-2318.
SUPPLEMENTARY INFORMATION: The Federal Civil Penalties Inflation
Adjustment Act of 1990, Public Law 101-410, as amended by the Debt
Collection Improvement Act of 1996, Public Law 104-134, required the
head of each agency to adjust its CMPs for inflation no later than
October 23, 1996 and required agencies to make adjustments at least
once every four years thereafter. The Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015, Section 701 of Public Law 114-
74 (the 2015 Act) further amended the 1990 Act by requiring agencies to
adjust CMPs, if necessary, pursuant to a ``catch-up'' adjustment
methodology prescribed by the 2015 Act, which mandated that the catch-
up adjustment take effect no later than August 1, 2016. Additionally,
the 2015 Act required agencies to make annual adjustments to their
respective CMPs in accordance with guidance issued by the Office of
Management and Budget (OMB).
Based on these statutes, the Department of State (the Department)
published a final rule in June 2016 \1\ to implement the ``catch-up''
provisions, followed by annual updates in January of each year. The
most recent update was in January 2023.\2\
---------------------------------------------------------------------------
\1\ 81 FR 36771 (Jun. 8, 2016).
\2\ 88 FR 1505 (Jan. 11, 2023).
---------------------------------------------------------------------------
On December 19, 2023, OMB notified agencies that the annual cost-
of-living adjustment multiplier for fiscal year (FY) 2024, based on the
Consumer Price Index, is 1.03241. Additional information may be found
in OMB Memorandum M-24-07. This final rule amends Department CMPs for
fiscal year 2024.
Overview of the Areas Affected by This Rule
See the table for specific changes. Within the Department of State
(title 22, Code of Federal Regulations), this rule affects four areas:
(1) Part 35, which implements the Program Fraud Civil Remedies Act
of 1986 (PFCRA), codified at 31 U.S.C. 3801-3812. The PFCRA, enacted in
1986, authorizes agencies, with approval from the Department of
Justice, to pursue individuals or firms for false claims;
(2) Part 103, which implements the Chemical Weapons Convention
Implementation Act of 1998 (CWC Act) (22 U.S.C. 6761). The CWC Act
provided domestic implementation of the Convention on the Prohibition
of the Development, Production, Stockpiling, and Use of Chemical
Weapons and on Their Destruction. The penalty provisions of the CWC Act
are codified at 22 U.S.C. 6761(a);
(3) Part 127, which implements the penalty provisions of sections
38(e), 39A(c), and 40(k) of the Arms Export Control Act (AECA) (22
U.S.C. 2778(e), 2779a(c), and 2780(k)). The Assistant Secretary of
State for Political-Military Affairs is responsible for the imposition
of CMPs under the International Traffic in Arms Regulations (ITAR),
which is administered by the Directorate of Defense Trade Controls
(DDTC); and
(4) Part 138, which implements section 319 of Public Law 101-121,
codified at 31 U.S.C. 1352, provides penalties for recipients of
Federal contracts, grants, and loans who use appropriated funds to
lobby the executive or legislative branches of the Federal Government
in connection with a specific contract, grant, or loan. Any person who
violates that prohibition is subject to a civil penalty. The statute
also requires each person who requests or receives a Federal contract,
grant, cooperative agreement, loan, or a Federal commitment to insure
or guarantee a loan, to disclose any lobbying; there is a penalty for
failure to disclose.
[[Page 701]]
FY 2024 Multiplier: 1.03241
------------------------------------------------------------------------
New FY 24 max
Citation in 22 CFR FY 23 penalties penalties
------------------------------------------------------------------------
Sec. 35.3................. $13,508 up to $13,946 up to
$405,270. $418,405.
Sec. 103.6(a)(1) $45,429............. $46,901.
Prohibited Acts.
Sec. 103.6(a)(2) $9,086.............. $9,380.
Recordkeeping Violations.
Sec. 127.10(a)(1)(i)...... The greater of The greater of
$1,200,000 or the $1,238,892 or the
amount that is amount that is
twice the value of twice the value of
the transaction the transaction
that is the basis that is the basis
of the violation of the violation
with respect to with respect to
which the penalty which the penalty
is imposed. is imposed.
Sec. 127.10(a)(1)(ii)..... $996,685, or five $1,028,988, or five
times the amount of times the amount of
the prohibited the prohibited
payment, whichever payment, whichever
is greater. is greater.
Sec. 127.10(a)(1)(iii).... $1,186,338.......... $1,224,787.
Sec. 138.400 First $23,343............. $24,100.
Offenders.
Sec. 138.400 Others....... $23,727 up to $24,496 up to
$237,268. $244,958.
------------------------------------------------------------------------
Effective Date of Penalties
The revised CMP amounts for all penalties will go into effect on
the date this rule is published. All violations for which those CMPs
are assessed on or after the effective date of this rule, regardless of
whether the violation occurred before the effective date, will be
assessed at the adjusted penalty level.
Future Adjustments and Reporting
The 2015 Act directed agencies to undertake an annual review of
CMPs using a formula prescribed by the statute. Annual adjustments to
CMPs are made in accordance with the guidance issued by OMB. As in this
rulemaking, the Department of State will publish notification of annual
inflation adjustments to CMPs in the Federal Register no later than
January 15 of each year, with the adjusted amount taking effect
immediately upon publication.
Regulatory Analysis and Notices
Administrative Procedure Act
The Department of State is publishing this rule using the ``good
cause'' exception to the Administrative Procedure Act (5 U.S.C.
553(b)), as the Department has determined that public comment on this
rulemaking would be impractical, unnecessary, or contrary to the public
interest. This rulemaking is mandatory and entirely without agency
discretion; it implements Public Law 114-74. See 5 U.S.C. 553(d)(3).
Regulatory Flexibility Act
Because this rulemaking is exempt from 5 U.S.C. 553, a regulatory
flexibility analysis is not required.
Unfunded Mandates Reform Act of 1995
This rule does not involve a mandate that will result in the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector, of $100 million or more in any year and it
will not significantly or uniquely affect small governments. Therefore,
no actions were deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995.
Congressional Review Act
This rule is not a major rule within the meaning of the
Congressional Review Act, 5 U.S.C. 801 et seq.
Executive Orders 12372 and 13132
This amendment will 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. Therefore, in accordance with Executive
Order 13132, it is determined that this amendment does not have
sufficient federalism implications to require consultations or warrant
the preparation of a federalism summary impact statement.
Executive Orders 12866, 14094, and 13563
The Department believes that benefits of the rulemaking outweigh
any costs, and there are no feasible alternatives to this rulemaking.
Pursuant to M-23-05, the Office of Information and Regulatory Affairs
(OIRA) has determined that agency regulations that (1) exclusively
implement the annual adjustment, (2) are consistent with this guidance,
and (3) have an annual impact of less than $100 million, are generally
not significant regulatory actions under E.O. 12866. Therefore,
agencies are generally not required to submit regulations satisfying
those criteria to OIRA for review. This regulation satisfies all of
those criteria.
Executive Order 12988
The Department of State has reviewed the amendment in light of
Executive Order 12988 to eliminate ambiguity, minimize litigation,
establish clear legal standards, and reduce burden.
Executive Order 13175
The Department of State has determined that this rulemaking will
not have tribal implications, will not impose substantial direct
compliance costs on Indian Tribal governments, and will not preempt
Tribal law. Accordingly, Executive Order 13175 does not apply to this
rulemaking.
Paperwork Reduction Act
This rulemaking does not impose or revise any information
collections subject to 44 U.S.C. Chapter 35.
List of Subjects
22 CFR Part 35
Administrative practice and procedure, Claims, Fraud, Penalties.
22 CFR Part 103
Administrative practice and procedure, Chemicals, Classified
information, Foreign relations, Freedom of information, International
organization, Investigations, Penalties, Reporting and recordkeeping
requirements.
22 CFR Part 127
Arms and munitions, Crime, Exports, Penalties, Seizures and
forfeitures.
22 CFR Part 138
Government contracts, Grant programs, Loan programs, Lobbying,
Penalties, Reporting and recordkeeping requirements.
For the reasons set forth above, 22 CFR parts 35, 103, 127, and 138
are amended as follows:
PART 35--PROGRAM FRAUD CIVIL REMEDIES
0
1. The authority citation for part 35 continues to read as follows:
[[Page 702]]
Authority: 22 U.S.C. 2651a; 31 U.S.C. 3801 et seq.; Pub. L. 114-
74, 129 Stat. 584.
Sec. 35.3 [Amended]
0
2. In Sec. 35.3:
0
a. In paragraphs (a)(1) introductory text, (b)(1)(ii), and (f) remove
``$13,508'' and add in its place ``13,946; and
0
b. In paragraph (f), remove ``$405,270'' and add in its place
``$418,405''.
PART 103--REGULATIONS FOR IMPLEMENTATION OF THE CHEMICAL WEAPONS
CONVENTION AND THE CHEMICAL WEAPONS CONVENTION IMPLEMENTATION ACT
OF 1998 ON THE TAKING OF SAMPLES AND ON ENFORCEMENT OF REQUIREMENTS
CONCERNING RECORDKEEPING AND INSPECTIONS
0
3. The authority citation for part 103 continues to read as follows:
Authority: 22 U.S.C. 2651a; 22 U.S.C. 6701 et seq.; Pub. L.
114-74, 129 Stat. 584.
Sec. 103.6 [Amended]
0
4. In Sec. 103.6:
0
a. In paragraph (a)(1), remove ``$45,429'' and add in its place
``$46,901''; and
0
b. In paragraph (a)(2), remove ``$9,086'' and add in its place
``$9,380''.
PART 127--VIOLATIONS AND PENALTIES
0
5. The authority citation for part 127 continues to read as follows:
Authority: Sections 2, 38, and 42, Pub. L. 90-629, 90 Stat. 744
(22 U.S.C. 2752, 2778, 2791); 22 U.S.C. 401; 22 U.S.C. 2651a; 22
U.S.C. 2779a; 22 U.S.C. 2780; E.O. 13637, 78 FR 16129; Pub. L. 114-
74, 129 Stat. 584.
Sec. 127.10 [Amended]
0
6. In Sec. 127.10:
0
a. In paragraph (a)(1)(i), remove ``$1,200,000'' and add in its place
``$1,238,892'';
0
b. In paragraph (a)(1)(ii), remove ``$996,685'' and add in its place
``$1,028,988''; and
0
c. In paragraph (a)(1)(iii), remove ``$1,186,338'' and add in its place
``$1,224,787''.
PART 138--RESTRICTIONS ON LOBBYING
0
7. The authority citation for part 138 continues to read as follows:
Authority: 22 U.S.C. 2651a; 31 U.S.C. 1352; Pub. L. 114-74, 129
Stat. 584.
Sec. 138.400 [Amended]
0
8. In Sec. 138.400:
0
a. In paragraphs (a), (b), and (e), remove ``$23,727'' and ``$237,268''
and add in their place ``$24,496'' and ``$244,958'', respectively; and
0
b. In paragraph (e), remove ``$23,343'' and add in its place
``$24,100''.
Kevin E. Bryant,
Deputy Director, Office of Directives Management, Department of State.
[FR Doc. 2023-29003 Filed 1-4-24; 8:45 am]
BILLING CODE 4710-08-P
