1972 Federal Register / Vol. 89, No. 8 / Thursday, January 11, 2024 / Notices 

15The penalty amounts in this Notice are being 

published in the Federal Register and will not be 

added to the Code of Federal Regulations in 

accordance with the 2015 Act and 17 CFR 

201.1001(b). See 28 U.S.C. 2461 note Sec. 4(a)(2); 

17 CFR 201.1001(b). In addition to being published 

in the Federal Register, the penalty amounts in this 

Notice will be made available on the Commission’s 

website at https://www.sec.gov/enforce/civilpenalties-inflation-adjustments.htm, as detailed in 

17 CFR 201.1001(b). This website also lists the 

penalty amounts for violations that occurred on or 

before Nov. 2, 2015. 

16 17 CFR 201.1001(a). 

17See generally SBREFA, Public Law 104–121 

(1996). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

U.S. Code citation Civil monetary penalty description 

2023 

Adjustment 

penalty 

amounts 

CPI–U 

Multiplier 

2024 

Adjusted 

penalty 

amounts 

For natural person/fraud/substantial losses or risk of losses 

to others.

223,229 1.03241 230,464 

For any other person/fraud/substantial losses or risk of 

losses to others.

1,116,140 1.03241 1,152,314 

15 U.S.C. 78ff(b) (Exchange Act Sec. 32(b)) ....................... Exchange Act/failure to file information documents, reports 659 1.03241 680 

15 U.S.C. 78ff(c)(1)(B) (Exchange Act Sec. 32(c)(1)(B)) ..... Foreign Corrupt Practices—any issuer ................................. 24,793 1.03241 25,597 

15 U.S.C. 78ff(c)(2)(B) (Exchange Act Sec. 32(c)(2)(B)) ..... Foreign Corrupt Practices—any agent or stockholder acting 

on behalf of issuer.

24,793 1.03241 25,597 

15 U.S.C. 80a–9(d) (Investment Company Act Sec. 9(d)) ... For natural person ................................................................

For any other person ............................................................

11,162 

111,614 

1.03241 

1.03241 

11,524 

115,231 

For natural person/fraud ....................................................... 111,614 1.03241 115,231 

For any other person/fraud ................................................... 558,071 1.03241 576,158 

For natural person/fraud/substantial losses or risk of losses 

to others or gains to self.

223,229 1.03241 230,464 

For any other person/fraud/substantial losses or risk of 

losses to others or gain to self.

1,116,140 1.03241 1,152,314 

15 U.S.C. 80a–41(e) (Investment Company Act Sec. 42(e)) For natural person ................................................................

For any other person ............................................................

11,162 

111,614 

1.03241 

1.03241 

11,524 

115,231 

For natural person/fraud ....................................................... 111,614 1.03241 115,231 

For any other person/fraud ................................................... 558,071 1.03241 576,158 

For natural person/fraud/substantial losses or risk of losses 

to others.

223,229 1.03241 230,464 

For any other person/fraud/substantial losses or risk of 

losses to others.

1,116,140 1.03241 1,152,314 

15 U.S.C. 80b–3(i) (Investment Advisers Act Sec. 203(i)) ... For natural person ................................................................

For any other person ............................................................

11,162 

111,614 

1.03241 

1.03241 

11,524 

115,231 

For natural person/fraud ....................................................... 111,614 1.03241 115,231 

For any other person/fraud ................................................... 558,071 1.03241 576,158 

For natural person/fraud/substantial losses or risk of losses 

to others or gains to self.

223,229 1.03241 230,464 

For any other person/fraud/substantial losses or risk of 

losses to others or gain to self.

1,116,140 1.03241 1,152,314 

15 U.S.C. 80b–9(e) (Investment Advisers Act Sec. 209(e)) For natural person ................................................................

For any other person ............................................................

11,162 

111,614 

1.03241 

1.03241 

11,524 

115,231 

For natural person/fraud ....................................................... 111,614 1.03241 115,231 

For any other person/fraud ................................................... 558,071 1.03241 576,158 

For natural person/fraud/substantial losses or risk of losses 

to others.

223,229 1.03241 230,464 

For any other person/fraud/substantial losses or risk of 

losses to others.

1,116,140 1.03241 1,152,314 

15 U.S.C. 7215(c)(4)(D)(i) (Sarbanes-Oxley Act Sec. 

105(c)(4)(D)(i)).

For natural person ................................................................

For any other person ............................................................

164,373 

3,287,477 

1.03241 

1.03241 

169,700 

3,394,024 

15 U.S.C. 7215(c)(4)(D)(ii) (Sarbanes-Oxley Act Sec. 

105(c)(4)(D)(ii)).

For natural person ................................................................

For any other person ............................................................

1,232,803 

24,656,067 

1.03241 

1.03241 

1,272,758 

25,455,170 

Pursuant to the 2015 Act and 17 CFR 

201.1001, the adjusted penalty amounts 

in this Notice (and all penalty 

adjustments performed pursuant to the 

2015 Act) apply to penalties imposed 

after the date the adjustment is effective 

for violations that occurred after 

November 2, 2015, the 2015 Act’s 

enactment date. These penalty amounts 

supersede the amounts in the 2023 

Adjustment.15 For violations that 

occurred on or before November 2, 

2015, the penalty amounts in Table I to 

17 CFR 201.1001 continue to apply.16

III. Small Business Regulatory 

Enforcement Fairness Act Status 

The Office of Management and Budget 

(‘‘OMB’’) has concurred in our 

recommendation that this Notice is not 

a ‘‘major rule’’ as defined by section 251 

of the Small Business Regulatory 

Enforcement Fairness Act (‘‘SBREFA’’), 

5 U.S.C. 804(2), because (1) it will not 

have an annual effect of $100 million 

dollars or more on the economy, (2) it 

does not present a major increase in 

prices for consumers or individual 

industries, and (3) it does not have 

significant adverse effects on 

competition, investment, or 

innovation.17

By the Commission. 

Dated: January 5, 2024. 

Vanessa A. Countryman, 

Secretary. 

[FR Doc. 2024–00378 Filed 1–10–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–99279; File No. SR– 

NYSEARCA–2023–37] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Withdrawal of a 

Proposed Rule Change To List and 

Trade Shares of the COtwo Advisors 

Physical European Carbon Allowance 

Trust Under NYSE Arca Rule 8.201–E 

January 5, 2024. 

On May 23, 2023, NYSE Arca, Inc. 

(‘‘NYSE Arca’’ or ‘‘Exchange’’) filed 

with the Securities and Exchange 

Commission (‘‘Commission’’), pursuant 

to Section 19(b)(1) of the Securities 

Exchange Act of 1934 (‘‘Act’’) 1 and Rule 

19b–4 thereunder,2 a proposed rule 

change to list and trade shares of the 

COtwo Advisors Physical European 

Carbon Allowance Trust under NYSE 

Arca Rule 8.201–E (Commodity-Based 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 8 / Thursday, January 11, 2024 / Notices 1973 

3See Securities Exchange Act Release No. 97653 

(June 6, 2023), 88 FR 38110. 

4 15 U.S.C. 78s(b)(2). 

5See Securities Exchange Act Release No. 97972, 

88 FR 49508 (July 31, 2023). 

6 15 U.S.C. 78s(b)(2)(B). 

7See Securities Exchange Act Release No. 98302, 

88 FR 62608 (September 12, 2023). 

8See Securities Exchange Act Release No. 99019, 

88 FR 84007 (December 1, 2023). 

9 17 CFR 200.30–3(a)(12). 

1See https://www.congress.gov/bill/114thcongress/house-bill/1314/text. See also 81 FR 

41438, https://www.federalregister.gov/documents/ 

2016/06/27/2016-13241/penalty-inflationadjustments-for-civil-money-penalties. 

2See 81 FR 41438, https://

www.federalregister.gov/documents/2016/06/27/ 

2016-13241/penalty-inflation-adjustments-for-civilmoney-penalties. 

3See OMB Memorandum, Implementation of the 

Federal Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015, M–16–06, p. 1 (February 

24, 2016), https://www.whitehouse.gov/wp-content/ 

uploads/legacy_drupal_files/omb/memoranda/ 

2016/m-16-06.pdf. See also 81 FR 41438, https://

www.federalregister.gov/documents/2016/06/27/ 

2016-13241/penalty-inflation-adjustments-for-civilmoney-penalties. 

4OMB Memorandum, Implementation of the 

Federal Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015, M–16–06, p. 3 (February 

24, 2016), https://www.whitehouse.gov/wp-content/ 

uploads/legacy_drupal_files/omb/memoranda/ 

2016/m-16-06.pdf. See also 81 FR 41438, https://

www.federalregister.gov/documents/2016/06/27/ 

2016-13241/penalty-inflation-adjustments-for-civilmoney-penalties. 

5See 87 FR 80245, https://www.federalregister.

gov/documents/2022/12/29/2022-28284/notice-onpenalty-inflation-adjustments-for-civil-monetarypenalties. 

6See OMB Memorandum, Implementation of 

Penalty Inflation Adjustments for 2024, Pursuant to 

the Federal Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015, M–24–07, p. 1 

(December 19, 2023), https://www.whitehouse.gov/ 

wp-content/uploads/2023/12/M-24-07- 

Implementation-of-Penalty-Inflation-Adjustmentsfor-2024.pdf. 

Trust Shares). The proposed rule change 

was published for comment in the 

Federal Register on June 12, 2023.3

On July 25, 2023, pursuant to Section 

19(b)(2) of the Act,4 the Commission 

designated a longer period within which 

to approve the proposed rule change, 

disapprove the proposed rule change, or 

institute proceedings to determine 

whether to disapprove the proposed 

rule change.5 On September 6, 2023, the 

Commission instituted proceedings 

pursuant to Section 19(b)(2)(B) of the 

Act 6 to determine whether to approve 

or disapprove the proposed rule 

change.7 On September 29, 2023, the 

Exchange submitted Amendment No. 1 

to the proposed rule change, and on 

October 20, 2023, the Exchange 

withdrew Amendment No. 1. On 

November 27, the Commission 

designated a longer period for 

Commission action on the proposed rule 

change.8 The Commission has not 

received any comment letters on the 

proposal. On December 26, 2023, the 

Exchange withdrew the proposed rule 

change (SR–NYSEARCA–2023–37). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Christina Z. Milnor, 

Assistant Secretary. 

[FR Doc. 2024–00384 Filed 1–10–24; 8:45 am] 

BILLING CODE 8011–01–P 

SOCIAL SECURITY ADMINISTRATION 

[Docket No. SSA–2023–0044] 

Notice on Penalty Inflation 

Adjustments for Civil Monetary 

Penalties 

AGENCY: Social Security Administration. 

ACTION: Notice announcing updated 

penalty inflation adjustments for civil 

monetary penalties for 2024. 

SUMMARY: The Social Security 

Administration is giving notice of its 

updated maximum civil monetary 

penalties. These amounts are effective 

from January 15, 2024 through January 

14, 2025. These figures represent an 

annual adjustment for inflation. The 

updated figures and notification are 

required by the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015. 

FOR FURTHER INFORMATION CONTACT: 

Jessica Stubbs Platt, Deputy Counsel to 

the Inspector General, Room 3–ME–1, 

6401 Security Boulevard, Baltimore, MD 

21235–6401, (410) 816–4054. For 

information on eligibility or filing for 

benefits, call the Social Security 

Administration’s national toll-free 

number, 1–800–772–1213 or TTY 1– 

800–325–0778, or visit the Social 

Security Administration’s internet site, 

Social Security Online, at http://

www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: On June 

27, 2016, pursuant to the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (the 2015 

Act),1 we published an interim final 

rule to adjust the level of civil monetary 

penalties (CMPs) under Sections 1129 

and 1140 of the Social Security Act, 42 

U.S.C. 1320a–8 and 1320b–10, 

respectively, with an initial ‘‘catch-up’’ 

adjustment effective August 1, 2016.2

We announced in the interim final rule 

that for any future adjustments, we 

would publish a notice in the Federal 

Register to announce the new amounts. 

The annual inflation adjustment in 

subsequent years must be a cost-ofliving adjustment based on any 

increases in the October Consumer Price 

Index for All Urban Consumers (CPI–U) 

(not seasonally adjusted) each year.3

Inflation adjustment increases must be 

rounded to the nearest multiple of $1.4

We last updated the maximum penalty 

amounts effective January 15, 2023.5

Based on Office of Management and 

Budget (OMB) guidance,6 the 

information below serves as public 

notice of the new maximum penalty 

amounts for 2024. The adjustment 

results in the following new maximum 

penalties, which will be effective as of 

January 15, 2024. 

Section 1129 CMPs (42 U.S.C. 1320a– 

8): 

$9,399.00 (current maximum per violation 

for fraud facilitators in a position of trust) × 

1.03241 (OMB-issued inflationary adjustment 

multiplier) = $9,703.62. When rounded to the 

nearest dollar, the new maximum penalty is 

$9,704. 

$9,966.00 (current maximum per violation 

for all other violators) × 1.03241 (OMB-issued 

inflationary adjustment multiplier) = 

$10,289.00. When rounded to the nearest 

dollar, the new maximum penalty is $10,289. 

Section 1140 CMPs (42 U.S.C. 1320b– 

10): 

$12,397.00 (current maximum per 

violation for all violations other than 

broadcast or telecasts) × 1.03241 (OMBissued inflationary adjustment multiplier) = 

$12,798.79. When rounded to the nearest 

dollar, the new maximum penalty is $12,799. 

$61,982.00 (current maximum per violative 

broadcast or telecast) × 1.03241 (OMB-issued 

inflationary adjustment multiplier) = 

$63,990.84. When rounded to the nearest 

dollar, the new maximum penalty is $63,991. 

Michelle Murray, 

Chief Counsel, Office of the Inspector General, 

Social Security Administration. 

[FR Doc. 2024–00408 Filed 1–10–24; 8:45 am] 

BILLING CODE 4191–02–P 

SOCIAL SECURITY ADMINISTRATION 

[Docket No. SSA–2023–0005] 

Finding Regarding Foreign Social 

Insurance or Pension System of 

Cambodia 

AGENCY: Social Security Administration. 

ACTION: Notice of finding regarding 

foreign social insurance or pension 

system of Cambodia. 

SUMMARY: We find that, under the Alien 

Nonpayment Provision of the Social 

Security Act (Act), citizens of Cambodia 

may continue to receive Social Security 

benefits under title II, after 6 

consecutive months of absence from the 

United States, without regard to length 

of absence, if they meet certain 

conditions. This finding is based on our 

analysis of information and data we 


ddrumheller on DSK120RN23PROD with NOTICES1