Civil Penalty Adjustments for 2024, 1946 [2024-00405]

Download as PDF 1946 Federal Register / Vol. 89, No. 8 / Thursday, January 11, 2024 / Notices Panel (review of applications): This meeting will be closed. Date and time: February 13, 2024; 1:00 p.m. to 3:00 p.m. NEA Big Read Cooperative Agreement Panel (review of applications): This meeting will be closed. Date and time: February 14, 2024; 2:00 p.m. to 4:00 p.m. Creative Placemaking Technical Assistance (review of applications): This meeting will be closed. Date and time: February 15, 2024; 2:00 p.m. to 4:00 p.m. Dated: January 8, 2024. David Travis, Specialist, National Endowment for the Arts. [FR Doc. 2024–00429 Filed 1–10–24; 8:45 am] BILLING CODE 7537–01–P NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES National Endowment for the Humanities Civil Penalty Adjustments for 2024 National Endowment for the Humanities; National Foundation on the Arts and the Humanities. ACTION: Notice of civil penalty adjustments for 2024. AGENCY: The National Endowment for the Humanities (NEH) is giving notice of the adjusted maximum and minimum civil monetary penalties that may be imposed for violations of its New Restrictions on Lobbying and Program Fraud Civil Remedies Act regulations to reflect the requirements of the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The updated penalty amounts are adjusted for inflation and are effective from January 15, 2024, through January 14, 2025. DATES: The updated civil penalties in this notice are applicable to penalties assessed on or after January 15, 2024, if the associated violations occurred after November 2, 2015. FOR FURTHER INFORMATION CONTACT: Elizabeth Voyatzis, Deputy General Counsel, Office of the General Counsel, National Endowment for the Humanities, 400 7th Street SW, Room 4060, Washington, DC 20506; (202) 606– 8322; gencounsel@neh.gov. SUPPLEMENTARY INFORMATION: ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: 1. Background The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of VerDate Sep<11>2014 17:31 Jan 10, 2024 Jkt 262001 2015 (the Inflation Adjustment Act) 1 directs each Executive agency to make an annual inflation adjustment for each civil monetary penalty provided by law within the jurisdiction of the agency, and to publish notice of each such adjustment in the Federal Register. An agency adjusts a civil monetary penalty by increasing the maximum amount of such penalty (or the range of minimum and maximum amounts, as applicable) by the percentage by which the Consumer Price Index for All Urban Consumers (CPI–U) for the month of October preceding the date of adjustment (in this case, October 2023) exceeds the CPI–U for the October one year prior to the October immediately preceding the date of the adjustment (in this case, October 2022), then rounding each amount to the nearest dollar. NEH administers two civil monetary penalties subject to adjustment pursuant to the Inflation Adjustment Act: A civil monetary penalty that NEH may impose for violation of its New Restrictions on Lobbying regulation (the Lobbying Civil Monetary Penalty) 2 and a civil monetary penalty that NEH may impose under its Program Fraud Civil Remedies Act Regulations (the PFCRA Civil Monetary Penalty).3 NEH made the initial ‘‘catch-up’’ adjustments to the Lobbying Civil Monetary Penalty for years 2016–2020 when it amended its New Restrictions on Lobbying regulation on April 21, 2020,4 and to the PFCRA Civil Monetary Penalty for years 2016–2021 when it adopted its Program Fraud Civil Monetary Penalties Act regulations on August 13, 2021.5 NEH then adjusted the amount of those civil monetary penalties accordingly when it codified the statutory formula for inflation adjustments in NEH’s New Restrictions on Lobbying and Program Fraud Civil Remedies Act regulations on March 30, 2023.6 Each regulation provides for subsequent annual adjustment of its respective civil monetary penalty by notice in the Federal Register.7 annual adjustment is 1.03241.9 The post-adjustment penalty or range is obtained by multiplying the preadjustment penalty or range by the percent change in the CPI–U over the relevant time period and rounding to the nearest dollar. Between October 2022 and October 2023, the CPI–U increased by a multiplier of 103.241% Therefore, NEH will adjust each civil monetary penalty amount by multiplying it by 1.03241 and rounding to the nearest dollar. 2. 2024 Adjustments for Inflation Information Collection: Licenses and Radiation Safety Requirements for Irradiators OMB has issued guidance on implementing and calculating the 2024 adjustment under the Inflation Adjustment Act.8 Per this guidance, the CPI–U adjustment multiplier for this 1 28 U.S.C. 2461 note. CFR 1168.400(a), (b), (e). 3 45 CFR 1174.3(a), (b). 4 85 FR 22025. 5 86 FR 44626. 6 88 FR 18998. 7 45 CFR 1168.400(g), (h), 1174.3(f), (g). 8 Office of Management and Budget (OMB) Memorandum M–24–07 (December 19, 2023). 2 45 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 A. 2024 Adjustment To Lobbying Civil Monetary Penalty For 2023, the Lobbying Civil Monetary Penalty had a minimum amount of $23,727 and a maximum amount of $237,268. Therefore, the adjusted minimum Lobbying Civil Monetary Penalty for 2024 is $24,496 ($23,727 multiplied by 1.03241) and the adjusted maximum Lobbying Civil Monetary Penalty for 2024 is $244,958 ($237,268 multiplied by 1.03241). Thus, the Lobbying Civil Monetary Penalty, following the 2024 adjustment, has a minimum amount of $24,496 and a maximum amount of $244,958. B. 2024 Adjustment to PFCRA Civil Monetary Penalty For 2023, the PFCRA Civil Monetary Penalty had a maximum amount of $13,508. Therefore, the new, postadjustment maximum penalty for 2024 under NEH’s PFCRA regulation is $13,946 ($13,508 multiplied by 1.03241). Dated: January 8, 2024. Jessica Graves, Paralegal Specialist, National Endowment for the Humanities. [FR Doc. 2024–00405 Filed 1–10–24; 8:45 am] BILLING CODE 7536–01–P NUCLEAR REGULATORY COMMISSION [NRC–2023–0151] Nuclear Regulatory Commission. ACTION: Renewal of existing information collection; request for comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) invites public comment on the renewal of Office of Management and Budget (OMB) approval for an existing collection of SUMMARY: 9 Id. E:\FR\FM\11JAN1.SGM 11JAN1

Agencies

[Federal Register Volume 89, Number 8 (Thursday, January 11, 2024)]
[Notices]
[Page 1946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00405]


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NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES

National Endowment for the Humanities


Civil Penalty Adjustments for 2024

AGENCY: National Endowment for the Humanities; National Foundation on 
the Arts and the Humanities.

ACTION: Notice of civil penalty adjustments for 2024.

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SUMMARY: The National Endowment for the Humanities (NEH) is giving 
notice of the adjusted maximum and minimum civil monetary penalties 
that may be imposed for violations of its New Restrictions on Lobbying 
and Program Fraud Civil Remedies Act regulations to reflect the 
requirements of the Federal Civil Penalties Inflation Adjustment Act of 
1990, as amended by the Federal Civil Penalties Inflation Adjustment 
Act Improvements Act of 2015. The updated penalty amounts are adjusted 
for inflation and are effective from January 15, 2024, through January 
14, 2025.

DATES: The updated civil penalties in this notice are applicable to 
penalties assessed on or after January 15, 2024, if the associated 
violations occurred after November 2, 2015.

FOR FURTHER INFORMATION CONTACT: Elizabeth Voyatzis, Deputy General 
Counsel, Office of the General Counsel, National Endowment for the 
Humanities, 400 7th Street SW, Room 4060, Washington, DC 20506; (202) 
606-8322; [email protected].

SUPPLEMENTARY INFORMATION:

1. Background

    The Federal Civil Penalties Inflation Adjustment Act of 1990, as 
amended by the Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015 (the Inflation Adjustment Act) \1\ directs 
each Executive agency to make an annual inflation adjustment for each 
civil monetary penalty provided by law within the jurisdiction of the 
agency, and to publish notice of each such adjustment in the Federal 
Register. An agency adjusts a civil monetary penalty by increasing the 
maximum amount of such penalty (or the range of minimum and maximum 
amounts, as applicable) by the percentage by which the Consumer Price 
Index for All Urban Consumers (CPI-U) for the month of October 
preceding the date of adjustment (in this case, October 2023) exceeds 
the CPI-U for the October one year prior to the October immediately 
preceding the date of the adjustment (in this case, October 2022), then 
rounding each amount to the nearest dollar.
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    \1\ 28 U.S.C. 2461 note.
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    NEH administers two civil monetary penalties subject to adjustment 
pursuant to the Inflation Adjustment Act: A civil monetary penalty that 
NEH may impose for violation of its New Restrictions on Lobbying 
regulation (the Lobbying Civil Monetary Penalty) \2\ and a civil 
monetary penalty that NEH may impose under its Program Fraud Civil 
Remedies Act Regulations (the PFCRA Civil Monetary Penalty).\3\ NEH 
made the initial ``catch-up'' adjustments to the Lobbying Civil 
Monetary Penalty for years 2016-2020 when it amended its New 
Restrictions on Lobbying regulation on April 21, 2020,\4\ and to the 
PFCRA Civil Monetary Penalty for years 2016-2021 when it adopted its 
Program Fraud Civil Monetary Penalties Act regulations on August 13, 
2021.\5\ NEH then adjusted the amount of those civil monetary penalties 
accordingly when it codified the statutory formula for inflation 
adjustments in NEH's New Restrictions on Lobbying and Program Fraud 
Civil Remedies Act regulations on March 30, 2023.\6\ Each regulation 
provides for subsequent annual adjustment of its respective civil 
monetary penalty by notice in the Federal Register.\7\
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    \2\ 45 CFR 1168.400(a), (b), (e).
    \3\ 45 CFR 1174.3(a), (b).
    \4\ 85 FR 22025.
    \5\ 86 FR 44626.
    \6\ 88 FR 18998.
    \7\ 45 CFR 1168.400(g), (h), 1174.3(f), (g).
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2. 2024 Adjustments for Inflation

    OMB has issued guidance on implementing and calculating the 2024 
adjustment under the Inflation Adjustment Act.\8\ Per this guidance, 
the CPI-U adjustment multiplier for this annual adjustment is 
1.03241.\9\ The post-adjustment penalty or range is obtained by 
multiplying the pre-adjustment penalty or range by the percent change 
in the CPI-U over the relevant time period and rounding to the nearest 
dollar. Between October 2022 and October 2023, the CPI-U increased by a 
multiplier of 103.241% Therefore, NEH will adjust each civil monetary 
penalty amount by multiplying it by 1.03241 and rounding to the nearest 
dollar.
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    \8\ Office of Management and Budget (OMB) Memorandum M-24-07 
(December 19, 2023).
    \9\ Id.
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A. 2024 Adjustment To Lobbying Civil Monetary Penalty

    For 2023, the Lobbying Civil Monetary Penalty had a minimum amount 
of $23,727 and a maximum amount of $237,268. Therefore, the adjusted 
minimum Lobbying Civil Monetary Penalty for 2024 is $24,496 ($23,727 
multiplied by 1.03241) and the adjusted maximum Lobbying Civil Monetary 
Penalty for 2024 is $244,958 ($237,268 multiplied by 1.03241).
    Thus, the Lobbying Civil Monetary Penalty, following the 2024 
adjustment, has a minimum amount of $24,496 and a maximum amount of 
$244,958.

B. 2024 Adjustment to PFCRA Civil Monetary Penalty

    For 2023, the PFCRA Civil Monetary Penalty had a maximum amount of 
$13,508. Therefore, the new, post-adjustment maximum penalty for 2024 
under NEH's PFCRA regulation is $13,946 ($13,508 multiplied by 
1.03241).

    Dated: January 8, 2024.
Jessica Graves,
Paralegal Specialist, National Endowment for the Humanities.
[FR Doc. 2024-00405 Filed 1-10-24; 8:45 am]
BILLING CODE 7536-01-P


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