1806 Federal Register / Vol. 89, No. 8 / Thursday, January 11, 2024 / Rules and Regulations 

1Public Law 114–74, Sec. 701, 129 Stat. 584, 599. 

2Public Law 101–410, 104 Stat. 890 (codified as 

amended at 28 U.S.C. 2461 note). 

3 28 U.S.C. 2461 note, at (4). The Commission 

made its January 2023 adjustment on January 6, 

2023, in Docket No. RM23–3000. See Civil 

Monetary Penalty Inflation Adjustments, Order No. 

886, 88 FR 1989 (Jan. 12, 2023), 182 FERC ¶ 61,002 

(2023). 

AIRAC date State City Airport name FDC No. FDC date Procedure name 

25–Jan–24 ........ FL Orlando .......................... Orlando Intl .................... 3/8059 10/5/23 This NOTAM, published in Docket No. 31522, Amdt No. 4092, 

TL 24–03, (88 FR 87666, December 19, 2023) is hereby rescinded in its entirety. 

25–Jan–24 ........ CA Mountain View ............... Moffett Federal Airfield .. 3/8470 11/9/23 This NOTAM, published in Docket No. 31522, Amdt No. 4092, 

TL 24–03, (88 FR 87666, December 19, 2023) is hereby rescinded in its entirety. 

25–Jan–24 ........ TN Gallatin .......................... Music City Exec ............. 3/0406 12/4/23 TAKEOFF MINIMUMS AND OBSTACLE DP, Amdt 4A. 

25–Jan–24 ........ TX Dallas-Fort Worth .......... Dallas-Fort Worth Intl .... 3/1410 11/29/23 ILS OR LOC RWY 36L, ILS 

RWY 36L (SA CAT II), Amdt 4. 

25–Jan–24 ........ MO Kansas City ................... Charles B Wheeler 

Downtown.

3/2405 12/7/23 RNAV (GPS) RWY 4, Amdt 3B. 

25–Jan–24 ........ MO Kansas City ................... Charles B Wheeler 

Downtown.

3/2407 12/7/23 ILS OR LOC RWY 4, Amdt 6. 

25–Jan–24 ........ IL Decatur .......................... Decatur .......................... 3/2454 12/8/23 RNAV (GPS) RWY 12, Orig-B.

25–Jan–24 ........ UT Provo ............................. Provo Muni .................... 3/3135 12/12/23 RNAV (GPS) RWY 13, Amdt 3. 

25–Jan–24 ........ CA Salinas ........................... Salinas Muni .................. 3/6109 12/6/23 RNAV (GPS) RWY 8, Orig. 

25–Jan–24 ........ GA Atlanta ........................... Hartsfield-Jackson Atlanta Intl.3/7626 12/7/23 ILS OR LOC RWY 10, ILS RWY 

10 (SA CAT I), ILS RWY 10 

(CAT II–III), Amdt 5B. 

25–Jan–24 ........ IL Decatur .......................... Decatur .......................... 3/8046 12/20/23 RNAV (GPS) RWY 6, Orig-C.

25–Jan–24 ........ MI Mason ............................ Mason Jewett Fld .......... 3/8373 12/11/23 RNAV (GPS) RWY 28, Orig-D. 

25–Jan–24 ........ LA Galliano ......................... South Lafourche Leonard Miller, Jr.3/8422 12/4/23 RNAV (GPS) RWY 18, Amdt 2B. 

25–Jan–24 ........ MT Livingston ...................... Mission Fld .................... 3/8454 12/6/23 RNAV (GPS) RWY 22, Orig–B. 

25–Jan–24 ........ NC Greensboro .................... Piedmont Triad Intl ........ 3/8520 11/30/23 ILS OR LOC RWY 5R, Amdt 7C. 

25–Jan–24 ........ NC Greensboro .................... Piedmont Triad Intl ........ 3/8524 11/30/23 RNAV (GPS) RWY 5L, Orig–D. 

25–Jan–24 ........ WI Madison ......................... Dane County Rgnl/Truax 

Fld.

3/8909 12/4/23 ILS OR LOC RWY 21, Orig–C. 

25–Jan–24 ........ NJ Newark .......................... Newark Liberty Intl ........ 3/9488 12/14/23 RNAV (RNP) Y RWY 22L, Amdt 

1. 

25–Jan–24 ........ OK Ketchum ........................ South Grand Lake Rgnl 3/9580 12/4/23 RNAV (GPS) RWY 18, Orig–A. 

25–Jan–24 ........ OK Ketchum ........................ South Grand Lake Rgnl 3/9581 12/4/23 RNAV (GPS) RWY 36, Orig–B. 

25–Jan–24 ........ AK Koliganek ....................... Koliganek ....................... 3/9584 12/6/23 RNAV (GPS) RWY 9, Amdt 1. 

25–Jan–24 ........ PR Ponce ............................ Mercedita ....................... 3/9586 12/4/23 RNAV (GPS) RWY 12, Orig–E. 

[FR Doc. 2024–00099 Filed 1–10–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Parts 250 and 385 

[Docket No. RM24–3; Order No. 903] 

Civil Monetary Penalty Inflation 

Adjustments 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Energy 

Regulatory Commission (Commission) is 

issuing a final rule to amend its 

regulations governing the maximum 

civil monetary penalties assessable for 

violations of statutes, rules, and orders 

within the Commission’s jurisdiction. 

The Federal Civil Penalties Inflation 

Adjustment Act of 1990, as amended 

most recently by the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015, requires the 

Commission to issue this final rule. 

DATES: This final rule is effective 

January 11, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Colin Chazen, Attorney, Office of 

Enforcement, Federal Energy Regulatory 

Commission, 888 First Street NE, 

Washington, DC 20426. Phone: (202) 

502–8732; email: Colin.Chazen@

ferc.gov. 

SUPPLEMENTARY INFORMATION: 

1. In this final rule, the Federal 

Energy Regulatory Commission 

(Commission) is complying with its 

statutory obligation to amend the civil 

monetary penalties provided by law for 

matters within the agency’s jurisdiction. 

I. Background 

2. The Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 (2015 Adjustment Act),1

which further amended the Federal 

Civil Penalties Inflation Adjustment Act 

of 1990 (1990 Adjustment Act),2

required the head of each Federal 

agency to issue a rule by July 2016 

adjusting for inflation each ‘‘civil 

monetary penalty’’ provided by law 

within the agency’s jurisdiction and to 

make further inflation adjustments on 

an annual basis every January 15 

thereafter.3

II. Discussion 

3. The 2015 Adjustment Act defines a 

civil monetary penalty as any penalty, 

fine, or other sanction that: (A)(i) is for 

a specific monetary amount as provided 

by Federal law; or (ii) has a maximum 

amount provided for by Federal law; (B) 

is assessed or enforced by an agency 

pursuant to Federal law; and (C) is 

assessed or enforced pursuant to an 

administrative proceeding or a civil 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 8 / Thursday, January 11, 2024 / Rules and Regulations 1807 

4 28 U.S.C. 2461 note at (3). 

5 16 U.S.C. 791a et seq. 

6 15 U.S.C. 717 et seq. 

7 15 U.S.C. 3301 et seq. 

8 49 App. U.S.C. 1 et seq. (1988). 

9 28 U.S.C. 2461 note at (5)(b)(1). 

10See, e.g., Memorandum from Shalanda D. 

Young, Office of Management and Budget, 

Implementation of the Penalty Inflation 

Adjustments for 2024, Pursuant to the Federal Civil 

Penalties Inflation Adjustment Act Improvements 

Act of 2015 (Dec. 19, 2023). 

11 28 U.S.C. 2461 note at (5)(a). 

12 Id. 

13 Id. at (6). 

14 Id. at (3)(b)(2). 

15 5 U.S.C. 601 et seq. 

16 5 U.S.C. 603, 604. 

17 44 U.S.C. 3507(d). 

18 5 U.S.C. 553(d)(3). 

action in the federal courts.4 This 

definition applies to the maximum civil 

penalties that may be imposed under 

the Federal Power Act (FPA),5 the 

Natural Gas Act (NGA),6 the Natural Gas 

Policy Act of 1978 (NGPA),7 and the 

Interstate Commerce Act (ICA).8

4. Under the 2015 Adjustment Act, 

the first step for such adjustment of a 

civil monetary penalty for inflation 

requires determining the percentage by 

which the U.S. Department of Labor’s 

Consumer Price Index for all-urban 

consumers (CPI–U) for October of the 

preceding year exceeds the CPI–U for 

October of the year before that.9 The 

CPI–U for October 2023 exceeded the 

CPI–U for October 2022 by 3.241%.10

5. The second step requires 

multiplying the CPI–U percentage 

increase by the applicable existing 

maximum civil monetary penalty.11

This step results in a base penalty 

increase amount. 

6. The third step requires rounding 

the base penalty increase amount to the 

nearest dollar and adding that amount 

to the base penalty to calculate the new 

adjusted maximum civil monetary 

penalty.12

7. Under the 2015 Adjustment Act, an 

agency is directed to use the maximum 

civil monetary penalty applicable at the 

time of assessment of a civil penalty, 

regardless of the date on which the 

violation occurred.13

8. The adjustments that the 

Commission is required to make 

pursuant to the 2015 Adjustment Act 

are reflected in the following table: 

Source Existing maximum civil 

monetary penalty 

New adjusted maximum civil 

monetary penalty 

16 U.S.C. 825o–1(b), Sec. 316A of the Federal Power Act ................... $1,496,035 per violation, per day $1,544,521 per violation, per day. 

16 U.S.C. 823b(c), Sec. 31(c) of the Federal Power Act ........................ $27,017 per violation, per day ...... $27,893 per violation, per day. 

16 U.S.C. 825n(a), Sec. 315(a) of the Federal Power Act ..................... $3,529 per violation ...................... $3,643 per violation. 

15 U.S.C. 717t–1, Sec. 22 of the Natural Gas Act ................................. $1,496,035 per violation, per day $1,544,521 per violation, per day. 

15 U.S.C. 3414(b)(6)(A)(i), Sec. 504(b)(6)(A)(i) of the Natural Gas Policy Act of 1978.$1,496,035 per violation, per day $1,544,521 per violation, per day. 

49 App. U.S.C. 6(10) (1988), Sec. 6(10) of the Interstate Commerce 

Act.

$1,566 per offense and $78 per 

day after the first day.

$1,617 per offense and $81 per 

day after the first day. 

49 App. U.S.C. 16(8) (1988), Sec. 16(8) of the Interstate Commerce 

Act.

$15,662 per violation, per day ...... $16,170 per violation, per day. 

49 App. U.S.C. 19a(k) (1988), Sec. 19a(k) of the Interstate Commerce 

Act.

$1,566 per offense, per day ......... $1,617 per offense, per day. 

49 App. U.S.C. 20(7)(a) (1988), Sec. 20(7)(a) of the Interstate Commerce Act.$1,566 per offense, per day ......... $1,617 per offense, per day. 

III. Administrative Findings 

9. Congress directed that agencies 

issue final rules to adjust their 

maximum civil monetary penalties 

notwithstanding the requirements of the 

Administrative Procedure Act (APA).14

Because the Commission is required by 

law to undertake these inflation 

adjustments notwithstanding the notice 

and comment requirements that 

otherwise would apply pursuant to the 

APA, and because the Commission lacks 

discretion with respect to the method 

and amount of the adjustments, prior 

notice and comment would be 

impractical, unnecessary, and contrary 

to the public interest. 

IV. Regulatory Flexibility Statement 

10. The Regulatory Flexibility Act, as 

amended, requires agencies to certify 

that rules promulgated under their 

authority will not have a significant 

economic impact on a substantial 

number of small businesses.15 The 

requirements of the Regulatory 

Flexibility Act apply only to rules 

promulgated following notice and 

comment.16 The requirements of the 

Regulatory Flexibility Act do not apply 

to this rulemaking because the 

Commission is issuing this final rule 

without notice and comment. 

V. Paperwork Reduction Act 

11. This rule does not require the 

collection of information. The 

Commission is therefore not required to 

submit this rule for review to the Office 

of Management and Budget pursuant to 

the Paperwork Reduction Act of 1995.17

VI. Document Availability 

12. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and print the contents of this 

document via the internet through the 

Commission’s Home Page (http://

www.ferc.gov). 

13. From the Commission’s Home 

Page on the internet, this information is 

available on eLibrary. The full text of 

this document is available on eLibrary 

in PDF and Microsoft Word format for 

viewing, printing, and downloading. To 

access this document in eLibrary, type 

the docket number (excluding the last 

three digits) in the docket number field. 

14. User assistance is available for 

eLibrary and the Commission’s website 

during normal business hours from the 

Commission’s Online Support at (202) 

502–6652 (toll free at 1–866–208–3676) 

or email at ferconlinesupport@ferc.gov, 

or the Public Reference Room at (202) 

502–8371, TTY (202) 502–8659, or 

email at public.referenceroom@ferc.gov. 

VII. Effective Date and Congressional 

Notification 

15. For the same reasons the 

Commission has determined that public 

notice and comment are unnecessary, 

impractical, and contrary to the public 

interest, the Commission finds good 

cause to adopt an effective date that is 

less than 30 days after the date of 

publication in the Federal Register 

pursuant to the APA,18 and therefore, 

the regulation is effective upon 

publication in the Federal Register. 

16. The Commission has determined, 

with the concurrence of the 

Administrator of the Office of 


ddrumheller on DSK120RN23PROD with RULES1
1808 Federal Register / Vol. 89, No. 8 / Thursday, January 11, 2024 / Rules and Regulations 

Information and Regulatory Affairs of 

the Office of Management and Budget, 

that this rule is not a ‘‘major rule’’ as 

defined in section 351 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. This final rule is 

being submitted to the Senate, House, 

and Government Accountability Office. 

List of Subjects 

18 CFR Part 250 

Natural gas, Reporting and 

recordkeeping requirements. 

18 CFR Part 385 

Administrative practice and 

procedure, Electric power, Penalties, 

Pipelines, Reporting and recordkeeping 

requirements. 

By the Commission. 

Issued: January 5, 2024. 

Debbie-Anne A. Reese, 

Acting Secretary. 

In consideration of the foregoing, the 

Commission amends parts 250 and 385, 

chapter I, title 18, Code of Federal 

Regulations as follows: 

PART 250—FORMS 

■ 1. The authority citation for part 250 

continues to read as follows: 

Authority: 15 U.S.C. 717–717w, 3301– 

3432; 42 U.S.C. 7101–7352; 28 U.S.C. 2461 

note. 

■ 2. Amend § 250.16 by revising 

paragraph (e)(1) to read as follows: 

§ 250.16 Format of compliance plan for 

transportation services and affiliate 

transactions. 

* * * * * 

(e) * * * 

(1) Any person who transports gas for 

others pursuant to subpart B or G of part 

284 of this chapter and who knowingly 

violates the requirements of §§ 358.4 

and 358.5 of this chapter, this section, 

or § 284.13 of this chapter will be 

subject, pursuant to sections 311(c), 501, 

and 504(b)(6) of the Natural Gas Policy 

Act of 1978, to a civil penalty, which 

the Commission may assess, of not more 

than $1,544,521 for any one violation. 

* * * * * 

PART 385—RULES OF PRACTICE AND 

PROCEDURE 

■ 3. The authority citation for part 385 

continues to read as follows: 

Authority: 5 U.S.C. 551–557; 15 U.S.C. 

717–717w, 3301–3432; 16 U.S.C. 791a–825v, 

2601–2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 

9701; 42 U.S.C. 7101–7352, 16441, 16451– 

16463; 49 U.S.C. 60502; 49 App. U.S.C. 1–85 

(1988); 28 U.S.C. 2461 note (1990); 28 U.S.C. 

2461 note (2015). 

■ 4. Amend § 385.1504 by revising 

paragraph (a) to read as follows: 

§ 385.1504 Maximum civil penalty (Rule 

1504). 

(a) Except as provided in paragraph 

(b) of this section, the Commission may 

assess a civil penalty of up to $27,893 

for each day that the violation 

continues. 

* * * * * 

■ 5. Revise § 385.1602 to read as 

follows: 

§ 385.1602 Civil penalties, as adjusted 

(Rule 1602). 

The current inflation-adjusted civil 

monetary penalties provided by law 

within the jurisdiction of the 

Commission are: 

(a) 15 U.S.C. 3414(b)(6)(A)(i), Natural 

Gas Policy Act of 1978: $1,544,521 per 

violation, per day. 

(b) 16 U.S.C. 823b(c), Federal Power 

Act: $27,893 per violation, per day. 

(c) 16 U.S.C. 825n(a), Federal Power 

Act: $3,643 per violation. 

(d) 16 U.S.C. 825o–1(b), Federal 

Power Act: $1,544,521 per violation, per 

day. 

(e) 15 U.S.C. 717t–1, Natural Gas Act: 

$1,544,521 per violation, per day. 

(f) 49 App. U.S.C. 6(10) (1988), 

Interstate Commerce Act: $1,617 per 

offense and $78 per day after the first 

day. 

(g) 49 App. U.S.C. 16(8) (1988), 

Interstate Commerce Act: $16,170 per 

violation, per day. 

(h) 49 App. U.S.C. 19a(k) (1988), 

Interstate Commerce Act: $1,617 per 

offense, per day. 

(i) 49 App. U.S.C. 20(7)(a) (1988), 

Interstate Commerce Act: $1,617 per 

offense, per day. 

[FR Doc. 2024–00425 Filed 1–10–24; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Part 12 

[CBP Dec. 24–01] 

RIN 1515–AE87 

Extension of Import Restrictions 

Imposed on Certain Archaeological 

Material From China 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security; Department of the Treasury. 

ACTION: Final rule. 

SUMMARY: This document amends the 

U.S. Customs and Border Protection 

(CBP) regulations to extend import 

restrictions on certain archaeological 

material from China. The Assistant 

Secretary for Educational and Cultural 

Affairs, United States Department of 

State, has made the requisite 

determinations for extending the import 

restrictions, which were originally 

imposed by CBP Dec. 09–03 and last 

extended by CBP Dec. 19–02. 

Accordingly, these import restrictions 

will remain in effect for an additional 

five years, and the CBP regulations are 

being amended to reflect this further 

extension through January 14, 2029. 

DATES: Effective January 14, 2024. 

FOR FURTHER INFORMATION CONTACT: For 

legal aspects, W. Richmond Beevers, 

Chief, Cargo Security, Carriers and 

Restricted Merchandise Branch, 

Regulations and Rulings, Office of 

Trade, (202) 325–0084, ototrrculturalproperty@cbp.dhs.gov. For 

operational aspects, Julie L. Stoeber, 

Chief, 1USG Branch, Trade Policy and 

Programs, Office of Trade, (202) 945– 

7064, 1USGBranch@cbp.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Convention on Cultural Property 

Implementation Act (Pub. L. 97–446, 19 

U.S.C. 2601 et seq.) (CPIA), which 

implements the 1970 United Nations 

Educational, Scientific and Cultural 

Organization (UNESCO) Convention on 

the Means of Prohibiting and Preventing 

the Illicit Import, Export and Transfer of 

Ownership of Cultural Property (823 

U.N.T.S. 231 (1972)) (the Convention), 

allows for the conclusion of an 

agreement between the United States 

and another party to the Convention to 

impose import restrictions on eligible 

archaeological and ethnological 

materials. Under the CPIA and the 

applicable U.S. Customs and Border 

Protection (CBP) regulations, found in 

§ 12.104 of title 19 of the Code of 

Federal Regulations (19 CFR 12.104), 

the restrictions are effective for no more 

than five years beginning on the date on 

which an agreement enters into force 

with respect to the United States (19 

U.S.C. 2602(b)). This period may be 

extended for additional periods, each 

extension not to exceed five years, if it 

is determined that the factors justifying 

the initial agreement still pertain and no 

cause for suspension of the agreement 

exists (19 U.S.C. 2602(e); 19 CFR 

12.104g(a)). 

On January 14, 2009, the United 

States entered into a bilateral agreement 

with the People’s Republic of China 

(China) to impose import restrictions on 


ddrumheller on DSK120RN23PROD with RULES1