700 Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Rules and Regulations 

1 81 FR 36771 (Jun. 8, 2016). 2 88 FR 1505 (Jan. 11, 2023). 

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)]. 

aThe 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 

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, 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, 

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. 


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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 New FY 24 max penalties 

§ 35.3 ................................... $13,508 up to $405,270 .................................................. $13,946 up to $418,405. 

§ 103.6(a)(1) Prohibited Acts $45,429 ........................................................................... $46,901. 

§ 103.6(a)(2) Recordkeeping 

Violations.

$9,086 ............................................................................. $9,380. 

§ 127.10(a)(1)(i) .................... The greater of $1,200,000 or the amount that is twice 

the value of the transaction that is the basis of the 

violation with respect to which the penalty is imposed.

The greater of $1,238,892 or the amount that is twice 

the value of the transaction that is the basis of the 

violation with respect to which the penalty is imposed. 

§ 127.10(a)(1)(ii) ................... $996,685, or five times the amount of the prohibited 

payment, whichever is greater.

$1,028,988, or five times the amount of the prohibited 

payment, whichever is greater. 

§ 127.10(a)(1)(iii) .................. $1,186,338 ...................................................................... $1,224,787. 

§ 138.400 First Offenders .... $23,343 ........................................................................... $24,100. 

§ 138.400 Others .................. $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. 

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 

■ 1. The authority citation for part 35 

continues to read as follows: 


lotter on DSK11XQN23PROD with RULES1
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 [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. 

§ 103.6 [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 

■ 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. 

§ 127.10 [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’’. 

PART 138—RESTRICTIONS ON 

LOBBYING 

■ 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. 

§ 138.400 [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 

■ 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 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1952 

California Occupational Safety and 

Health State Plan; Operational Status 

Agreement 

AGENCY: Occupational Safety and Health 

Administration, Labor. 

ACTION: Notification of revisions to the 

California State Plan’s Operational 

Status Agreement. 

SUMMARY: 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. 

DATES: Effective January 5, 2024. 

FOR FURTHER INFORMATION CONTACT: 

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 

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. 

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 


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