Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Rules and Regulations 5435 

APPENDIX A TO PART 11—FEE

SCHEDULE FOR FY 2024—Continued 

State County Fee/acre/yr 

Vernon ............... 108.73 

Vilas ................... 165.53 

Walworth ........... 194.09 

Washburn .......... 87.57 

Washington ....... 197.45 

Waukesha ......... 154.17 

Waupaca ........... 126.42 

Waushara .......... 118.45 

Winnebago ........ 195.15 

Wood ................. 92.69 

Wyoming ............ Albany ............... 11.20 

Big Horn ............ 24.34 

Campbell ........... 8.67 

Carbon ............... 8.42 

Converse ........... 8.10 

Crook ................. 14.99 

Fremont ............. 19.51 

Goshen .............. 13.20 

Hot Springs ....... 9.51 

Johnson ............. 9.01 

Laramie ............. 12.99 

Lincoln ............... 28.00 

Natrona .............. 6.95 

Niobrara ............. 9.60 

Park ................... 22.88 

Platte ................. 13.45 

Sheridan ............ 18.75 

Sublette ............. 25.29 

Sweetwater ........ 4.53 

Teton ................. 62.02 

Uinta .................. 16.42 

Washakie ........... 17.90 

Weston .............. 10.25 

[FR Doc. 2024–01547 Filed 1–26–24; 8:45 am] 

BILLING CODE 6717–01–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

45 CFR Parts 1230 and 2554 

RIN 3045–AA87 

Annual Civil Monetary Penalties 

Inflation Adjustment 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Final rule. 

SUMMARY: The Corporation for National 

and Community Service, which operates 

as AmeriCorps, is updating its 

regulations to reflect required annual 

inflation-related increases to the civil 

monetary penalties under the Federal 

Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015 (Act) and 

Office of Management and Budget 

(OMB) guidance. 

DATES: This rule is effective January 29, 

2024. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Appel, Office of General 

Counsel, at eappel@americorps.gov or 

202–937–6065. 

SUPPLEMENTARY INFORMATION: 

I. Background 

AmeriCorps is a Federal agency that 

engages millions of Americans in 

service. AmeriCorps members and 

AmeriCorps Seniors volunteers serve 

directly with nonprofit organizations to 

tackle our nation’s most pressing 

challenges. For more information, visit 

americorps.gov. 

AmeriCorps has two civil monetary 

penalties in its regulations. A civil 

monetary penalty under the Act is a 

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. (See 28 U.S.C. 2461 

note.) A civil monetary penalty does not 

include a penalty levied for violation of 

a criminal statute, or fees for services, 

licenses, permits, or other regulatory 

review. 

The Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (sec. 701 of Pub. L. 114–74) (the 

‘‘Act’’) requires agencies to adjust their 

civil monetary penalties for inflation 

annually. This rule updates 

AmeriCorps’ two civil penalties for 

inflation. 

II. Method of Calculation 

The inflation adjustment for each 

applicable civil monetary penalty is 

determined using the percent increase 

in the Consumer Price Index for all 

Urban Consumers (CPI–U) for the month 

of October of the year in which the 

amount of each civil money penalty was 

most recently established or modified. 

See December 19, 2023, OMB Memo for 

the Heads of Executive Departments and 

Agencies, M–24–07, Implementation of 

Penalty Inflation Adjustments for 2024, 

Pursuant to the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015. The cost-of-living 

adjustment multiplier for 2024, based 

on the CPI–U for the month of October 

2023, not seasonally adjusted, is 

1.03241. 

The agency identified two civil 

penalties in its regulations: (1) the 

penalty associated with Restrictions on 

Lobbying (45 CFR 1230.400) and (2) the 

penalty associated with the Program 

Fraud Civil Remedies Act (45 CFR 

2554.1): 

• The civil monetary penalties related 

to Restrictions on Lobbying (45 CFR 

1230.400) range from $23,728 to 

$237,267. Using the 2024 multiplier, the 

new range of possible civil monetary 

penalties is from $24,497 to $244,957. 

• The Program Fraud Civil Remedies 

Act of 1986 (45 CFR 2554.1) civil 

monetary penalty has an upper limit of 

$13,508. Using the 2024 multiplier, the 

new upper limit of the civil monetary 

penalty is $13,946. 

III. Summary of Final Rule 

This final rule adjusts the civil 

monetary penalty amounts related to 

Restrictions on Lobbying (45 CFR 

1230.400) and the Program Fraud Civil 

Remedies Act of 1986 (45 CFR 2554.1). 

The range of civil monetary penalties 

related to Restrictions on Lobbying 

increase from ‘‘$23,728 to $237,267’’ to 

‘‘$24,497 to $244,957.’’ The civil 

monetary penalties for the Program 

Fraud Civil Remedies Act of 1986 

increase from ‘‘up to $13,508’’ to ‘‘up to 

$13,946.’’ 

IV. Regulatory Procedures 

A. Determination of Good Cause for 

Publication Without Notice and 

Comment and With an Immediate 

Effective Date 

Section 553(b) of the Administrative 

Procedure Act (APA) (5 U.S.C. 553) 

provides that, when an agency for good 

cause finds that notice and public 

comment procedures are impracticable, 

unnecessary, or contrary to the public 

interest, then the agency may issue a 

rule without providing notice and an 

opportunity for prior public comment. 

The agency finds that there is good 

cause to except this rule from the public 

notice and comment provisions of the 

APA in this case. Because the Federal 

Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015 requires the 

agency to update its regulations based 

on a prescribed formula, the agency has 

no discretion in the nature or amount of 

the change to the civil monetary 

penalties to reflect any views or 

suggestions provided by commenters. 

Accordingly, it would serve no purpose 

to provide an opportunity for public 

comment on this rule prior to 

promulgation. Thus, providing for 

notice and public comment is 

impracticable and unnecessary. 

Additionally, it would not be possible to 

meet the deadlines imposed by the Act 

if we were to first publish a proposed 

rule, allow the public sufficient time to 

submit comments, analyze the 

comments, and publish a final rule. 

Therefore, notice and comment for these 

proscribed updates is impracticable and 

unnecessary. 

Furthermore, the agency finds under 

section 553(d)(3) of the APA that good 

cause exists to make this final rule 

effective immediately upon publication 

in the Federal Register. In the Act, 


ddrumheller on DSK120RN23PROD with RULES1
5436 Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Rules and Regulations 

Congress expressly required Federal 

agencies to publish annual inflation 

adjustments to civil penalties in the 

Federal Register by January 15 of each 

year, notwithstanding section 553 of the 

APA. Under the statutory framework 

and OMB guidance, the new penalty 

levels take effect immediately upon the 

effective date of the adjustment. The 

statutory deadline does not allow time 

to delay this rule’s effective date beyond 

publication. Moreover, a delayed 

effective date would delay application 

of the new penalty levels, contrary to 

Congress’s intent. 

Accordingly, we are issuing the 

annual adjustments as a final rule 

without prior notice or an opportunity 

for comment and with an effective date 

immediately upon publication in the 

Federal Register. 

B. Review Under Procedural Statutes 

and Executive Orders 

The agency has determined that 

making technical changes to the amount 

of civil monetary penalties in its 

regulations does not trigger any 

requirements under procedural statutes 

and Executive orders that govern 

rulemaking procedures. 

List of Subjects 

45 CFR Part 1230 

Government contracts, Grant 

programs, Loan programs, Lobbying, 

Penalties, Reporting and recordkeeping 

requirements. 

45 CFR Part 2554 

Claims, Fraud, Organization and 

functions (Government agencies), 

Penalties. 

For the reasons discussed in the 

preamble, under the authority of 42 

U.S.C. 12651c(c), the Corporation for 

National and Community Service 

amends chapters XII and XXV, title 45 

of the Code of Federal Regulations as 

follows: 

PART 1230—NEW RESTRICTIONS ON 

LOBBYING 

■ 1. The authority citation for part 1230 

continues to read as follows: 

Authority: Section 319, Pub. L. 101–121 

(31 U.S.C. 1352); Pub. L. 93–113; 42 U.S.C. 

4951, et seq.; 42 U.S.C. 5060. 

§ 1230.400 [Amended] 

■ 2. Amend § 1230.400 by removing 

‘‘$23,728’’ and ‘‘$237,267’’ wherever 

they appear and adding in their places 

‘‘24,497’’ and ‘‘$244,957’’, respectively. 

Appendix A to Part 1230 [Amended] 

■ 3. Amend appendix A to part 1230 by 

removing ‘‘$23,728’’ and ‘‘$237,267’’ 

wherever they appear and adding in 

their places ‘‘$24,497’’ and ‘‘$244,957’’, 

respectively. 

PART 2554—PROGRAM FRAUD CIVIL 

REMEDIES ACT REGULATIONS 

■ 4. The authority citation for part 2554 

continues to read as follows: 

Authority: Pub. L. 99–509, Secs. 6101– 

6104, 100 Stat. 1874 (31 U.S.C. 3801–3812); 

42 U.S.C. 12651c–12651d. 

§ 2554.1 [Amended] 

■ 5. Amend § 2554.1 in paragraph (b) by 

removing ‘‘$13,508’’ and adding in its 

place ‘‘$13,946’’. 

Fernando Laguarda, 

General Counsel. 

[FR Doc. 2024–01554 Filed 1–26–24; 8:45 am] 

BILLING CODE 6050–28–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 220919–0193; RTID 0648– 

XD658] 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries; 

Closure of the General Category 

January Through March Fishery for 

2024 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the General 

category fishery for Atlantic bluefin 

tuna (BFT) for the remainder of the 

January through March time period. The 

General category may only retain, 

possess, or land large medium and giant 

(i.e., measuring 73 inches (185 

centimeters (cm)) curved fork length or 

greater) when open. This action applies 

to Atlantic Tunas General category 

(commercial) permitted vessels and 

highly migratory species (HMS) Charter/ 

Headboat permitted vessels with a 

commercial sale endorsement when 

fishing commercially for BFT. On June 

1, 2024, the fishery will reopen 

automatically. 

DATES: Effective 11:30 p.m., local time, 

January 26, 2024, through March 31, 

2024. 

FOR FURTHER INFORMATION CONTACT: 

Larry Redd, Jr., larry.redd@noaa.gov, or 

Ann Williamson, ann.williamson@

noaa.gov, 301–427–8503. 

SUPPLEMENTARY INFORMATION: BFT 

fisheries are managed under the 2006 

Consolidated HMS Fishery Management 

Plan (FMP) and its amendments, 

pursuant to the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act; 16 U.S.C. 

1801 et seq.) and consistent with the 

Atlantic Tunas Convention Act (ATCA; 

16 U.S.C. 971 et seq.). HMS 

implementing regulations are at 50 CFR 

part 635. Section 635.27 divides the 

U.S. BFT quota, established by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

and as implemented by the United 

States among the various domestic 

fishing categories, per the allocations 

established in the 2006 Consolidated 

HMS FMP and its amendments. NMFS 

is required under the Magnuson-Stevens 

Act at 16 U.S.C. 1854(g)(1)(D) to provide 

U.S. fishing vessels with a reasonable 

opportunity to harvest quotas under 

relevant international fishery 

agreements such as the ICCAT 

Convention, which is implemented 

domestically pursuant to ATCA. 

As described in § 635.27(a), the 

current baseline U.S. BFT quota is 

1,316.14 metric tons (mt) (not including 

the 25 mt ICCAT allocated to the United 

States to account for bycatch of BFT in 

pelagic longline fisheries in the 

Northeast Distant Gear Restricted Area 

per § 635.27(a)(3)). The current baseline 

quota for the General category is 710.7 

mt. The General category may only 

retain, possess, or land large medium 

and giant (i.e., measuring 73 inches (185 

cm) curved fork length or greater) when 

open as specified at § 635.27(a)(1). The 

General category baseline quota is 

suballocated to different time periods. 

Relevant to this action, the baseline 

subquota for the January through March 

time period is 37.7 mt. As a result of a 

prior adjustment, the adjusted subquota 

for the January through March time 

period is 58.2 mt (89 FR 3361, January 

18, 2024). 

Under § 635.28(a)(1), NMFS files a 

closure action with the Office of the 

Federal Register for publication when a 

BFT quota (or subquota) is reached or is 

projected to be reached. Retaining, 

possessing, or landing BFT under that 

quota category is prohibited on or after 

the effective date and time of a closure 

notice for that category until the 

opening of the relevant subsequent 

quota period or until such date as 

specified. 

Closure of the January Through March 

2024 General Category Fishery 

To date, reported landings for the 

General category January through March 

time period total 52.5 mt. Based on 


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