Federal Register / Vol. 89, No. 7 / Wednesday, January 10, 2024 / Rules and Regulations 1461 

39 U.S.C. 3012(d)—Misleading 

References to the United States 

Government; Sweepstakes and 

Deceptive Mailings 

Persons may be liable to the United 

States for a civil penalty under 39 U.S.C. 

3012(d) for sending certain deceptive 

mail matter described in 39 U.S.C. 

3001((h)–(k), including: 

• Solicitations making false claims of 

Federal Government connection or 

approval; 

• Certain solicitations for the 

purchase of a product or service that 

may be obtained without cost from the 

Federal Government; 

• Solicitations containing improperly 

prepared ‘‘facsimile checks’’; and 

• Certain solicitations for ‘‘skill 

contests’’ and ‘‘sweepstakes’’ sent to 

individuals who, in accordance with 39 

U.S.C. 3017(d), have requested that such 

materials not be mailed to them. 

Currently, under the implementing 

regulations, this penalty is not to exceed 

$17,128 for each mailing. The new 

penalty will be $17,683. 

39 U.S.C. 3017(g)(2)—Commercial Use 

of Lists of Persons Electing Not To 

Receive Skill Contest or Sweepstakes 

Mailings 

Under 39 U.S.C. 3017(g)(2), the Postal 

Service may impose a civil penalty 

against a person who provides 

information for commercial use about 

individuals who, in accordance with 39 

U.S.C. 3017(d), have elected not to 

receive certain sweepstakes and contest 

information. Currently, this civil 

penalty may not exceed $3,425,405 per 

violation, pursuant to the implementing 

regulations. The new penalty may not 

exceed $3,536,422 per violation. 

39 U.S.C. 3017(h)(1)(A)—Reckless 

Mailing of Skill Contest or Sweepstakes 

Matter 

Currently, under 39 U.S.C. 

3017(h)(1)(A) and its implementing 

regulations, any promoter who 

recklessly mails nonmailable skill 

contest or sweepstakes matter may be 

liable to the United States in the amount 

of $17,128 per violation for each mailing 

to an individual. The new penalty is 

$17,683 per violation. 

39 U.S.C. 3018(c)(1)(A)—Hazardous 

Material 

Under 39 U.S.C. 3018(c)(1)(A), the 

Postal Service may impose a civil 

penalty payable into the Treasury of the 

United States on a person who 

knowingly mails nonmailable hazardous 

materials or fails to follow postal laws 

on mailing hazardous materials. 

Currently, this civil penalty is at least 

$371, but not more than $147,675 for 

each violation, pursuant to the 

implementing regulations. The new 

penalty is at least $383, but not more 

than $152,461 for each violation. 

Adjustments to Regulatory Postal 

Service Civil Monetary Penalties 

In October 1986, Congress enacted the 

Program Fraud Civil Remedies Act, 31 

U.S.C. 3801–3812. The Program Fraud 

Civil Remedies Act established an 

administrative remedy against any 

person who makes, or causes to be 

made, a false claim or written statement 

to certain Federal agencies. The Act 

requires each covered agency to 

promulgate rules and regulations 

necessary to implement its provisions. 

The Postal Service’s implementing 

regulations are found in part 273 of title 

39, Code of Federal Regulations. The 

current penalty amount is $13,508. The 

new penalty amount is $13,946. 

List of Subjects 

39 CFR Part 233 

Administrative practice and 

procedure, Banks, Banking, Credit, 

Crime, Infants and children, Law 

enforcement, Penalties, Privacy, 

Seizures and forfeitures. 

39 CFR Part 273 

Administrative practice and 

procedure, Claims, Fraud, Penalties. 

For the reasons set out in the 

preamble, the Postal Service amends 39 

CFR parts 233 and 273 as follows: 

PART 233—INSPECTION SERVICE 

AUTHORITY 

■ 1. The authority citation for part 233 

continues to read as follows: 

Authority: 39 U.S.C. 101, 102, 202, 204, 

401, 402, 403, 404, 406, 410, 411, 1003, 

3005(e)(1), 3012, 3017, 3018; 12 U.S.C. 3401– 

3422; 18 U.S.C. 981, 983, 1956, 1957, 2254, 

3061; 21 U.S.C. 881; Pub. L. 101–410, 104 

Stat. 890 (28 U.S.C. 2461 note); Pub. L. 104– 

208, 110 Stat. 3009; Secs. 106 and 108, Pub. 

L. 106–168, 113 Stat. 1806 (39 U.S.C. 3012, 

3017); Pub. L. 114–74, 129 Stat. 584. 

§ 233.12 [Amended] 

■ 2. In § 233.12: 

■ a. In paragraph (a): 

■ i. Remove ‘‘$85,637’’ and add in its 

place ‘‘$88,412’’; 

■ ii. Remove ‘‘$171,269’’ and add in its 

place ‘‘$176,820’’; 

■ iii. Remove ‘‘$17,128’’ and add in its 

place ‘‘$17,683’’; and 

■ iv. remove ‘‘$3,425,405’’ and add in 

its place ‘‘$3,536,422’’. 

■ b. In paragraph (b): 

■ i. Remove ‘‘$42,818’’ and add in its 

place ‘‘$44,206’’; 

■ ii. Remove ‘‘$85,637’’ and add in its 

place ‘‘$88,412’’; 

■ iii. Remove ‘‘$8,564’’ and add in its 

place ‘‘$8,842’’; and 

■ iv. Remove ‘‘$1,712,703’’ and add in 

its place ‘‘$1,768,212’’. 

■ c. In paragraph (c)(4), remove 

‘‘$17,128’’ and add in its place 

‘‘$17,683’’. 

■ d. In paragraph (d), remove 

‘‘$3,425,405’’ and add in its place 

‘‘$3,536,422’’. 

■ e. In paragraph (e), remove ‘‘$17,128’’ 

and add in its place ‘‘$17,683’’. 

■ f. In paragraph (f), remove ‘‘$371’’ and 

add in its place ‘‘$383’’ and remove 

‘‘$147,675’’ and add in its place 

‘‘$152,461’’. 

PART 273—ADMINISTRATION OF 

PROGRAM FRAUD CIVIL REMEDIES 

ACT 

■ 3. The authority citation for part 273 

continues to read as follows: 

Authority: 31 U.S.C. Chapter 38; 39 U.S.C. 

401. 

■ 4. In § 273.3: 

■ a. In paragraph (a)(1)(iv): 

■ i. Remove the second sentence. 

■ ii. Remove ‘‘$13,508’’ and add in its 

place ‘‘$13,946’’. 

■ b. Designate the undesignated 

paragraph following paragraph (b)(1)(ii) 

as paragraph (b)(1)(iii). 

■ c. In paragraph (b)(1)(ii), add a 

sentence at the end of the paragraph. 

The addition reads as follows: 

§ 273.3 Liability for false claims and 

statements. 

* * * * * 

(b) * * * 

(1) * * * 

(ii) * * * As adjusted under Public 

Law 114–74, the penalty is $13,946 per 

claim. 

* * * * * 

Christopher Doyle, 

Attorney, Ethics & Legal Compliance. 

[FR Doc. 2024–00313 Filed 1–9–24; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2023–0097; FRL–11564– 

04–R4] 

Air Plan Approval; Kentucky; 

Revisions to Jefferson County 

Emissions Monitoring and Reporting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving changes to 


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1462 Federal Register / Vol. 89, No. 7 / Wednesday, January 10, 2024 / Rules and Regulations 

1On June 15, 2022, Kentucky provided multiple 

SIP revisions that are not addressed in this 

rulemaking. One of the June 15, 2022, submittals 

contains changes to District Regulation 2.04, 

Construction or Modification of Major Sources in or 

Impacting upon Non-Attainment Areas (Emission 

Offset Requirements) in the Kentucky SIP. These 

changes are not addressed in this notice. EPA will 

act on these changes in a separate rulemaking. 

Another June 15, 2022, SIP revision contained 

changes to District Regulation 2.17, Federally 

Enforceable District Origin Operating Permits, in 

the Kentucky SIP. EPA finalized its approval of 

changes to Regulation 2.17 on March 1, 2023. See 

88 FR 12831. 

2EPA received this submission on June 13, 2022, 

via a letter dated June 15, 2022. Throughout this 

final rule, this submission will be referred to as the 

June 15, 2022, submission. 

3 In 2003, the City of Louisville and Jefferson 

County governments merged, and the ‘‘Jefferson 

County Air Pollution Control District’’ was renamed 

the ‘‘Louisville Metro Air Pollution Control 

District.’’ However, to be consistent with the 

terminology used in the subheading in Table 2 of 

40 CFR 52.920(c), throughout this notice we refer 

to the District regulations contained in the Jefferson 

County portion of the Kentucky SIP as the 

‘‘Jefferson County’’ regulations. 

4Section 6.2.1 continues to allow the District to 

require sources claiming the exemption to provide 

adequate information to verify actual emissions for 

the previous year. 

5On March 9, 2022, EPA determined that 

Regulation 1.06 met the requirements for the 2015 

ozone NAAQS for the Jefferson County Area. See 

87 FR 13177. 

the Jefferson County portion of the 

Kentucky State Implementation Plan 

(SIP), submitted by the Commonwealth 

of Kentucky, through the Energy and 

Environment Cabinet (Cabinet), via a 

letter dated June 15, 2022. The changes 

were submitted by the Cabinet on behalf 

of the Louisville Metro Air Pollution 

Control District (District) and amend the 

District’s stationary source emissions 

monitoring and reporting requirements. 

EPA is approving the changes because 

they are consistent with the Clean Air 

Act (CAA or Act). 

DATES: This rule is effective February 9, 

2024. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2023–0097. All documents in the docket 

are listed on the regulations.gov 

website. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air and Radiation Division, 

U.S. Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. EPA requests that, 

if at all possible, you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday 8:30 a.m. to 4:30 p.m., 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Tiereny Bell, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, Region 4, U.S. 

Environmental Protection Agency, 61 

Forsyth Street SW, Atlanta, Georgia 

30303–8960. The telephone number is 

(404) 562–9088. Ms. Bell can also be 

reached via electronic mail at 

bell.tiereny@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 15, 2022,1 the 

Commonwealth of Kentucky submitted 

changes to the Jefferson County portion 

of the Kentucky SIP for EPA approval.2 3

In this rulemaking, EPA is approving 

changes to Regulation 1.06, Stationary 

Source Self-Monitoring, Emissions 

Inventory Development, and Reporting 

submitted on June 15, 2022. 

Through a notice of proposed 

rulemaking (NPRM) published on 

November 20, 2023 (88 FR 80680), EPA 

proposed to approve these changes to 

Regulation 1.06. Section 6, Emissions 

Statements for Ozone Precursors, of 

Regulation 1.06 requires that on or 

before April 15 of each year, all 

stationary sources of NOX or VOC shall 

submit to the District a statement of 

actual emissions of those compounds. In 

this rulemaking, EPA is finalizing its 

approval of the District’s June 15, 2022, 

request to incorporate Version 11 of 

Regulation 1.06 into the SIP, replacing 

Version 10. Version 10 of Regulation 

1.06 at Section 6.2.1 states that facilities 

with less than 25 tons per year (tpy) of 

plant-wide actual VOC emissions or less 

than 25 tpy of plant-wide actual NOX

emissions are exempted from the 

emissions statement requirements in 

Section 6, unless emissions of the other 

pollutant (VOC or NOX) are at or above 

25 tpy. Version 11 revises Section 6.2.1 

to instead exempt facilities with less 

than 25 tpy of plant-wide potential VOC 

and less than 25 tpy of plant-wide 

potential NOX emissions from the 

Section 6 emissions statement 

requirement.4 The contents of the 

District’s submission, as well as EPA’s 

rationale for approving changes to this 

regulation, are described in more detail 

in EPA’s November 20, 2023, NPRM. 

Comments on the November 20, 2023, 

NPRM were due on or before December 

20, 2023. EPA received one comment 

and responds to this comment in the 

next section of this rulemaking notice. 

II. Response to Comment 

EPA received one comment on the 

November 20, 2023, NPRM. The 

comment expresses both support for and 

concern about EPA’s proposed action to 

approve the amendments to Jefferson 

County’s emissions reporting 

requirements. 

Comment: The commenter stated that 

changing the way emissions are 

reported could be ‘‘very beneficial and 

more organized,’’ which the commenter 

finds ‘‘especially important if it would 

help benefit Kentucky residents.’’ The 

commenter’s ‘‘only concern is how it 

would be ensured’’ that the changes to 

the emissions reporting requirements 

would not ‘‘decrease the amount of 

emissions reported.’’ The commenter 

asks if there are measures put in place 

to keep plants accountable, noting that 

‘‘[c]limate change is a very real concern 

and it is important to hold the power 

plants that are contributing to change 

accountable.’’ 

Response: CAA section 182(a)(3)(B)(i) 

requires States to submit to EPA a SIP 

revision requiring the owner or operator 

of each stationary source of NOX or VOC 

in an ozone nonattainment area to 

report its NOX and VOC emissions to 

the State and to certify the accuracy of 

these reported emissions. Section 

182(a)(3)(B)(ii) allows States to waive 

the requirements under subsection (i) 

for stationary sources emitting less than 

25 tpy of VOC or NOX if the State 

provides an inventory of emissions from 

such class or category of sources. 

Jefferson County is subject to the 

requirements of CAA section 182(a) 

because it is part of the Louisville, KYIN moderate nonattainment area for the 

2015 8-Hour Ozone National Ambient 

Air Quality Standards (NAAQS). 

Regulation 1.06, Stationary Source SelfMonitoring, Emissions Inventory 

Development, and Reporting, in the 

Jefferson County portion of the 

Kentucky SIP, provides the District with 

the authority to require emissions 

monitoring at stationary sources and 

requires certain sources to maintain 

emissions records and to provide annual 

emissions statements to the District.5

Section 6, Emissions Statements for 

Ozone Precursors, requires that on or 

before April 15 of each year, all 

stationary sources of NOX or VOC shall 

submit to the District a statement of 

actual emissions of those compounds. 


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Federal Register / Vol. 89, No. 7 / Wednesday, January 10, 2024 / Rules and Regulations 1463 

6As discussed in the NPRM, section 6 continues 

to satisfy the emissions statement requirements in 

CAA section 182(a)(3)(B). 

7See, e.g., the definition of ‘‘potential to emit’’ in 

Regulation 1.02, Section 1.61, of the Jefferson 

County portion of the Kentucky SIP. 8 62 FR 27968 (May 22, 1997). 

As discussed above, Version 10 of 

Regulation 1.06 at Section 6.2.1 states 

that facilities with less than 25 tpy of 

plant-wide actual VOC emissions or less 

than 25 tpy of plant-wide actual NOX

emissions are exempted from the 

emissions statement requirements in 

Section 6, unless emissions of the other 

pollutant (VOC or NOX) are at or above 

25 tpy. In this action, EPA is approving 

Version 11 into the SIP which revises 

Section 6.2.1 to instead exempt facilities 

with less than 25 tpy of plant-wide 

potential VOC and less than 25 tpy of 

plant-wide potential NOX emissions 

from the Section 6 emissions statement 

requirement.6

As noted in the NPRM, the changes 

do not reduce the number of facilities 

required to submit emissions 

statements. Changing the basis for the 

exemption from actual to potential 

emissions does not reduce the number 

of facilities that must submit emissions 

statements because potential emissions 

reflect a facility’s maximum capacity to 

emit a pollutant under its physical and 

operational design.7 Thus, the change 

from actual to potential emissions may 

make fewer facilities eligible for the 

exemption, thus increasing the number 

of facilities required to submit 

emissions statements. Furthermore, the 

changes do not affect the amount or type 

of information that must be included in 

the emissions statements. 

III. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, and as discussed in Section I of 

this preamble, EPA is finalizing the 

incorporation by reference of District 

Regulation 1.06, Stationary Source SelfMonitoring, Emissions Inventory 

Development, and Reporting, adopted 

by the District on March 16, 2022 

(referred to as ‘‘Version 11’’ by the 

District). EPA has made, and will 

continue to make, these materials 

generally available through 

www.regulations.gov and at the EPA 

Region 4 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

State implementation plan, have been 

incorporated by reference by EPA into 

that plan, are fully federally enforceable 

under sections 110 and 113 of the CAA 

as of the effective date of the final 

rulemaking of EPA’s approval, and will 

be incorporated by reference in the next 

update to the SIP compilation.8

IV. Final Action 

EPA is approving the aforementioned 

changes to Regulation 1.06, Stationary 

Source Self-Monitoring, Emissions 

Inventory Development, and Reporting, 

adopted by the District on March 16, 

2022, into the Jefferson County portion 

of the Kentucky SIP. The EPA is 

approving these changes because they 

are consistent with the CAA. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve State choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves State law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by State law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a State program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

Tribal implications and will not impose 

substantial direct costs on Tribal 

governments or preempt Tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The District did not evaluate EJ 

considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA did not perform an EJ analysis and 

did not consider EJ in this action. Due 

to the nature of the action being taken 

here, this action is expected to have a 

neutral to positive impact on the air 

quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving EJ for people of color, lowincome populations, and Indigenous 

peoples. 

This action is subject to the 

Congressional Review Act, and EPA will 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 


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1464 Federal Register / Vol. 89, No. 7 / Wednesday, January 10, 2024 / Rules and Regulations 

1Office of Management and Budget, M–24–07, 

Implementation of Penalty Inflation Adjustments 

for 2023, Pursuant to the Federal Civil Penalties 

Inflation Adjustment Act Improvements Act of 

2015, at 1 (Dec. 19, 2023) (M–23–05). 

2 Id. at 3–4. Federal Civil Penalties Inflation 

Adjustment Act of 1990, Public Law 101–410, 

section 4(b)(2), 104 Stat. 890 (codified at 28 U.S.C. 

2461 note). 

Court of Appeals for the appropriate 

circuit by March 11, 2024. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: December 29, 2023. 

Jeaneanne Gettle, 

Acting Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart S—Kentucky 

■ 2. In § 52.920, in table 2 to paragraph 

(c), under the center heading ‘‘Reg 1— 

General Provision,’’ revise the entry for 

1.06 to read as follows: 

§ 52.920 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 2 TO PARAGRAPH (c)—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY

Reg Title/subject 

EPA 

approval 

date 

Federal 

Register 

notice 

District 

effective 

date 

Explanation 

Reg 1—General Provisions 

*******

1.06 ... Stationary Source Self-Monitoring, Emissions Inventory 

Development, and Reporting.

1/10/2024 [Insert citation of publication].3/16/2022 Except Section 5 and any 

references to Section 5 

in this regulation. 

* * * * * * * 

* * * * * 

[FR Doc. 2024–00012 Filed 1–9–24; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 506 

[Docket No. FMC–2024–0002] 

RIN 3072–AC98 

Inflation Adjustment of Civil Monetary 

Penalties 

AGENCY: Federal Maritime Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Maritime 

Commission (Commission) is publishing 

this final rule to adjust for inflation the 

civil monetary penalties assessed or 

enforced by the Commission, pursuant 

to the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (2015 Act). The 2015 Act requires 

that agencies adjust and publish their 

new civil penalties by January 15 each 

year. 

DATES: This rule is effective January 15, 

2024. 

FOR FURTHER INFORMATION CONTACT: 

David Eng, Secretary; Phone: (202) 523– 

5725; Email: secretary@fmc.gov. 

SUPPLEMENTARY INFORMATION: This rule 

adjusts the civil monetary penalties 

assessable by the Commission in 

accordance with the 2015 Act, which 

became effective on November 2, 2015. 

Public Law 114–74, section 701. The 

2015 Act further amended the Federal 

Civil Penalties Inflation Adjustment Act 

of 1990 (FCPIAA), Public Law 101–410, 

104 Stat. 890 (codified as amended at 28 

U.S.C. 2461 note), in order to improve 

the effectiveness of civil monetary 

penalties and to maintain their deterrent 

effect. 

The 2015 Act requires agencies to 

adjust civil monetary penalties under 

their jurisdiction by January 15 each 

year, based on changes in the consumer 

price index (CPI–U) for the month of 

October in the previous calendar year. 

On December 19, 2023, the Office of 

Management and Budget published 

guidance stating that the CPI–U 

multiplier for October 2023 is 1.03241.1

In order to complete the annual 

adjustment, the Commission must 

multiply the most recent civil penalty 

amounts in 46 CFR part 506 by the 

multiplier, 1.03241. 

Rulemaking Analyses and Notices 

Notice and Effective Date 

Adjustments under the FCPIAA, as 

amended by the 2015 Act, are not 

subject to the procedural rulemaking 

requirements of the Administrative 

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

including the requirements for prior 

notice, an opportunity for comment, and 

a delay between the issuance of a final 

rule and its effective date.2 The 2015 

Act requires that the Commission adjust 

its civil monetary penalties no later than 

January 15 of each year. 

Congressional Review Act 

The rule is not a ‘‘major rule’’ as 

defined by the Congressional Review 

Act, codified at 5 U.S.C. 801 et seq. The 

rule will not result in: (1) an annual 

effect on the economy of $100,000,000 

or more; (2) a major increase in costs or 

prices; or (3) significant adverse effects 

on competition, employment, 

investment, productivity, innovation, or 

the ability of United States-based 

companies to compete with foreignbased companies. 5 U.S.C. 804(2). 


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