89300 Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Rules and Regulations 

C. Executive Order 13609, Promoting 

International Regulatory Cooperation 

Executive Order 13609, Promoting 

International Regulatory Cooperation, 

promotes international regulatory 

cooperation to meet shared challenges 

involving health, safety, labor, security, 

environmental, and other issues and to 

reduce, eliminate, or prevent 

unnecessary differences in regulatory 

requirements. The FAA has analyzed 

this action under the policies and 

agency responsibilities of Executive 

Order 13609 and has determined that 

this action will have no effect on 

international regulatory cooperation. 

X. Additional Information 

A. Electronic Access 

Except for classified and controlled 

unclassified material not authorized for 

public release, all documents the FAA 

considered in developing this rule, 

including economic analyses and 

technical reports, may be accessed from 

the internet through the docket for this 

rulemaking. 

Those documents may be viewed 

online at https://www.regulations.gov 

using the docket number listed above. A 

copy of this rule will be placed in the 

docket. Electronic retrieval help and 

guidelines are available on the website. 

It is available 24 hours each day, 365 

days each year. An electronic copy of 

this document may also be downloaded 

from the Office of the Federal Register’s 

website at https:// 

www.federalregister.gov and the 

Government Publishing Office’s website 

at https://www.govinfo.gov. A copy may 

also be found at the FAA’s Regulations 

and Policies website at https:// 

www.faa.gov/regulations_policies. 

Copies may also be obtained by 

sending a request to the Federal 

Aviation Administration, Office of 

Rulemaking, ARM–1, 800 Independence 

Avenue SW, Washington, DC 20591, or 

by calling (202) 267–9677. 

B. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA) (Pub. L. 104–121) (set forth as 

a note to 5 U.S.C. 601) requires FAA to 

comply with small entity requests for 

information or advice about compliance 

with statutes and regulations within its 

jurisdiction. A small entity with 

questions regarding this document may 

contact its local FAA official or the 

persons listed under the FOR FURTHER

INFORMATION CONTACT heading at the 

beginning of the preamble. To find out 

more about SBREFA on the internet, 

visit http://www.faa.gov/regulations_

policies/rulemaking/sbre_act/. 

List of Subjects in 14 CFR Part 91 

Air traffic control, Aircraft, Airmen, 

Airports, Aviation safety, Freight, Syria. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends chapter I of title 14, Code of 

Federal Regulations, as follows: 

PART 91—GENERAL OPERATING AND 

FLIGHT RULES 

■ 1. The authority citation for part 91 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40101, 

40103, 40105, 40113, 40120, 44101, 44111, 

44701, 44704, 44709, 44711, 44712, 44715, 

44716, 44717, 44722, 46306, 46315, 46316, 

46504, 46506–46507, 47122, 47508, 47528– 

47531, 47534, Pub. L. 114–190, 130 Stat. 615 

(49 U.S.C. 44703 note); articles 12 and 29 of 

the Convention on International Civil 

Aviation (61 Stat. 1180), (126 Stat. 11). 

■ 2. Amend § 91.1609 by revising 

paragraph (e) to read as follows: 

§ 91.1609 Special Federal Aviation 

Regulation No. 114—Prohibition Against 

Certain Flights in the Damascus Flight 

Information Region (FIR) (OSTT). 

* * * * * 

(e) Expiration. This SFAR will remain 

in effect until December 30, 2028. The 

FAA may amend, rescind, or extend this 

SFAR, as necessary. 

Issued in Washington, DC, under the 

authority of 49 U.S.C. 106(f) and (g), 

40101(d)(1), 40105(b)(1)(A), and 44701(a)(5). 

Michael Gordon Whitaker, 

Administrator. 

[FR Doc. 2023–28502 Filed 12–26–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Office of the Secretary 

15 CFR Part 6 

[Docket No. 231129–0280] 

RIN 0605–AA66 

Civil Monetary Penalty Adjustments for 

Inflation 

AGENCY: Office of the Chief Financial 

Officer and Assistant Secretary for 

Administration, Department of 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule is being issued 

to adjust for inflation each civil 

monetary penalty (CMP) provided by 

law within the jurisdiction of the United 

States Department of Commerce 

(Department of Commerce). The Federal 

Civil Penalties Inflation Adjustment Act 

of 1990, as amended by the Debt 

Collection Improvement Act of 1996 

and the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015, required the head of each agency 

to adjust for inflation its CMP levels in 

effect as of November 2, 2015, under a 

revised methodology that was effective 

for 2016 which provided for initial 

catch up adjustments for inflation in 

2016, and requires adjustments for 

inflation to CMPs under a revised 

methodology for each year thereafter. 

The Department of Commerce’s 2024 

adjustments for inflation to CMPs apply 

only to CMPs with a dollar amount, and 

will not apply to CMPs written as 

functions of violations. The Department 

of Commerce’s 2024 adjustments for 

inflation to CMPs apply only to those 

CMPs, including those whose associated 

violation predated such adjustment, 

which are assessed by the Department of 

Commerce after the effective date of the 

new CMP level. 

DATES: This rule is effective January 15, 

2024. 

FOR FURTHER INFORMATION CONTACT: 

Stephen M. Kunze, Deputy Chief 

Financial Officer and Director for 

Financial Management, Office of 

Financial Management, at (202) 482– 

1207, Department of Commerce, 1401 

Constitution Avenue NW, Room D200, 

Washington, DC 20230. The Department 

of Commerce’s Civil Monetary Penalty 

Adjustments for Inflation are available 

for downloading from the Department of 

Commerce, Office of Financial 

Management’s website at the following 

address: http://www.osec.doc.gov/ofm/ 

OFM_Publications.html. 

SUPPLEMENTARY INFORMATION: 

Background 

The Federal Civil Penalties Inflation 

Adjustment Act of 1990 (Pub. L. 101– 

410; 28 U.S.C. 2461), as amended by the 

Debt Collection Improvement Act of 

1996 (Pub. L. 104–134), provided for 

agencies’ adjustments for inflation to 

CMPs to ensure that CMPs continue to 

maintain their deterrent value and that 

CMPs due to the Federal Government 

were properly accounted for and 

collected. 

A CMP is defined as any 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, 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Rules and Regulations 89301 

3. Is assessed or enforced pursuant to 

an administrative proceeding or a civil 

action in the Federal courts. 

On November 2, 2015, the Federal 

Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015 (Section 701 

of Pub. L. 114–74) further amended the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 to improve the 

effectiveness of CMPs and to maintain 

their deterrent effect. This amendment 

(1) required agencies to adjust the CMP 

levels in effect as of November 2, 2015, 

with initial catch up adjustments for 

inflation through a final rulemaking to 

take effect no later than August 1, 2016; 

and (2) requires agencies to make 

subsequent annual adjustments for 

inflation to CMPs that shall take effect 

not later than January 15. The 

Department of Commerce’s 2023 

adjustments for inflation to CMPs were 

published in the Federal Register on 

January 3, 2023, and the new CMP 

levels became effective January 15, 

2023. 

The Department of Commerce’s 2024 

adjustments for inflation to CMPs apply 

only to CMPs with a dollar amount, and 

will not apply to CMPs written as 

functions of violations. These 2024 

adjustments for inflation apply only to 

those CMPs, including those whose 

associated violation predated such 

adjustment, which are assessed by the 

Department of Commerce after the 

effective date of the new CMP level. 

This regulation adjusts for inflation 

CMPs that are provided by law within 

the jurisdiction of the Department of 

Commerce. The actual CMP assessed for 

a particular violation is dependent upon 

a variety of factors. For example, the 

National Oceanic and Atmospheric 

Administration’s (NOAA) Policy for the 

Assessment of Civil Administrative 

Penalties and Permit Sanctions (Penalty 

Policy), a compilation of NOAA internal 

guidelines that are used when assessing 

CMPs for violations for most of the 

statutes NOAA enforces, will be 

interpreted in a manner consistent with 

this regulation to maintain the deterrent 

effect of the CMPs. The CMP ranges in 

the Penalty Policy are intended to aid 

enforcement attorneys in determining 

the appropriate CMP to assess for a 

particular violation. NOAA’s Penalty 

Policy is maintained and made available 

to the public on NOAA’s Office of the 

General Counsel, Enforcement Section 

website at: https://www.noaa.gov/ 

general-counsel/gc-enforcement-section. 

The Department of Commerce’s 2024 

adjustments for inflation to CMPs set 

forth in this regulation were determined 

pursuant to the methodology prescribed 

by the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015, which requires the maximum 

CMP, or the minimum and maximum 

CMP, as applicable, to be increased by 

the cost-of-living adjustment. The term 

‘‘cost-of-living adjustment’’ is defined 

by the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015. For the 2024 adjustments for 

inflation to CMPs, the cost-of-living 

adjustment is the percentage for each 

CMP by which the Consumer Price 

Index for the month of October 2023 

exceeds the Consumer Price Index for 

the month of October 2022. 

Classification 

Pursuant to 5 U.S.C. 553(b)(3)(B), 

there is good cause to issue this rule 

without prior public notice or 

opportunity for public comment 

because it would be unnecessary. The 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (Section 701(b)) requires agencies 

to make annual adjustments for inflation 

to CMPs notwithstanding section 553 of 

title 5, United States Code. 

Additionally, the methodology used for 

adjusting CMPs for inflation is given by 

statute, with no discretion provided to 

agencies regarding the substance of the 

adjustments for inflation to CMPs. The 

Department of Commerce is charged 

only with performing ministerial 

computations to determine the dollar 

amounts of adjustments for inflation to 

CMPs. Accordingly, prior public notice 

and an opportunity for public comment 

are not required for this rule. For the 

same reasons, there is good cause under 

5 U.S.C. 553(d)(3) to waive the 30-day 

delay in effective date. 

Paperwork Reduction Act 

The provisions of the Paperwork 

Reduction Act of 1995, Public Law 104– 

13, 44 U.S.C. Chapter 35, and its 

implementing regulations, 5 CFR part 

1320, do not apply to this rule because 

there are no new or revised 

recordkeeping or reporting 

requirements. 

Regulatory Analysis 

E.O. 12866, Regulatory Review 

This rule is not a significant 

regulatory action as that term is defined 

in Executive Order 12866. 

Regulatory Flexibility Act 

Because notice of proposed 

rulemaking and opportunity for 

comment are not required pursuant to 5 

U.S.C. 553, or any other law, the 

analytical requirements of the 

Regulatory Flexibility Act (5 U.S.C. 601, 

et seq.) are inapplicable. Therefore, a 

regulatory flexibility analysis is not 

required and has not been prepared. 

List of Subjects in 15 CFR Part 6 

Civil monetary penalties, Law 

enforcement. 

Dated: December 20, 2023. 

Stephen M. Kunze, 

Deputy Chief Financial Officer and Director 

for Financial Management, Department of 

Commerce. 

■ For the reasons stated in the preamble, 

the Department of Commerce revises 15 

CFR part 6 to read as follows: 

PART 6—CIVIL MONETARY PENALTY 

ADJUSTMENTS FOR INFLATION 

Sec. 

6.1 Definitions. 

6.2 Purpose and scope. 

6.3 Adjustments for inflation to civil 

monetary penalties. 

6.4 Effective date of adjustments for 

inflation to civil monetary penalties. 

6.5 Subsequent annual adjustments for 

inflation to civil monetary penalties. 

Authority: Pub. L. 101–410, 104 Stat. 890 

(28 U.S.C. 2461 note); Pub. L. 104–134, 110 

Stat. 1321 (31 U.S.C. 3701 note); Sec. 701 of 

Pub. L. 114–74, 129 Stat. 599 (28 U.S.C. 1 

note; 28 U.S.C. 2461 note). 

§ 6.1 Definitions. 

(a) The Department of Commerce 

means the United States Department of 

Commerce. 

(b) Civil Monetary Penalty means any 

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. 

§ 6.2 Purpose and scope. 

The purpose of this part is to make 

adjustments for inflation to civil 

monetary penalties, as required by the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 (Pub. L. 101– 

410; 28 U.S.C. 2461), as amended by the 

Debt Collection Improvement Act of 

1996 (Pub. L. 104–134) and the Federal 

Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015 (Section 701 

of Pub. L. 114–74), of each civil 

monetary penalty provided by law 

within the jurisdiction of the United 

States Department of Commerce 

(Department of Commerce). 

§ 6.3 Adjustments for inflation to civil 

monetary penalties. 

The civil monetary penalties provided 

by law within the jurisdiction of the 

Department of Commerce, as set forth in 

paragraphs (a) through (f) of this section, 

are hereby adjusted for inflation in 


ddrumheller on DSK120RN23PROD with RULES1
89302 Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Rules and Regulations 

1This National Oceanic and Atmospheric 

Administration maximum civil monetary penalty, 

as prescribed by law, is the maximum civil 

monetary penalty per 16 U.S.C. 1858(a), MagnusonStevens Fishery Conservation and Management Act 

civil monetary penalty (paragraph (f)(15) of this 

section). 

2See footnote 1. 

3See footnote 1. 

4See footnote 1. 

5See footnote 1. 

6See footnote 1. 

7This National Oceanic and Atmospheric 

Administration maximum civil monetary penalty, 

as prescribed by law, is the maximum civil 

monetary penalty per 16 U.S.C. 1858(a), MagnusonStevens Fishery Conservation and Management Act 

civil monetary penalty (paragraph (f)(15) of this 

section). 

8See footnote 7. 

9See footnote 7. 

10See footnote 7. 

11See footnote 7. 

12See footnote 7. 

accordance with the Federal Civil 

Penalties Inflation Adjustment Act of 

1990, as amended, from the amounts of 

such civil monetary penalties that were 

in effect as of January 15, 2023, to the 

amounts of such civil monetary 

penalties, as thus adjusted. The year 

stated in parenthesis represents the year 

that the civil monetary penalty was last 

set by law or adjusted by law (excluding 

adjustments for inflation). 

(a) United States Department of 

Commerce. (1) 31 U.S.C. 3802(a)(1), 

Program Fraud Civil Remedies Act of 

1986 (1986), violation, maximum from 

$13,508 to $13,946. 

(2) 31 U.S.C. 3802(a)(2), Program 

Fraud Civil Remedies Act of 1986 

(1986), violation, maximum from 

$13,508 to $13,946. 

(3) 31 U.S.C. 3729(a)(1)(G), False 

Claims Act (1986); violation, minimum 

from $13,508 to $13,946; maximum 

from $27,018 to $27,894. 

(b) Bureau of Economic Analysis. 22 

U.S.C. 3105(a), International Investment 

and Trade in Services Act (1990); failure 

to furnish information, minimum from 

$5,580 to $5,761; maximum from 

$55,808 to $57,617. 

(c) Bureau of Industry and Security. 

(1) 15 U.S.C. 5408(b)(1), Fastener 

Quality Act (1990), violation, maximum 

from $55,808 to $57,617. 

(2) 22 U.S.C. 6761(a)(1)(A), Chemical 

Weapons Convention Implementation 

Act (1998), violation, maximum from 

$45,429 to $46,901. 

(3) 22 U.S.C. 6761(a)(l)(B), Chemical 

Weapons Convention Implementation 

Act (1998), violation, maximum from 

$9,086 to $9,380. 

(4) 50 U.S.C. 1705(b), International 

Emergency Economic Powers Act 

(2007), violation, maximum from 

$356,579 to $368,136. 

(5) 22 U.S.C. 8142(a), United States 

Additional Protocol Implementation Act 

(2006), violation, maximum from 

$36,919 to $38,116. 

(6) 50 U.S.C. 4819, Export Controls 

Act of 2018 (2018), violation, maximum 

from $353,534 to $364,992 

(d) Census Bureau. (1) 13 U.S.C. 304, 

Collection of Foreign Trade Statistics 

(2002), each day’s delinquency of a 

violation; total of not to exceed 

maximum per violation, from $1,643 to 

$1,696; maximum per violation, from 

$16,438 to $16,971. 

(2) 13 U.S.C. 305(b), Collection of 

Foreign Trade Statistics (2002), 

violation, maximum from $16,438 to 

$16,971. 

(e) International Trade 

Administration. (1) 19 U.S.C. 81s, 

Foreign Trade Zone (1934), violation, 

maximum from $3,446 to $3,558. 

(2) 19 U.S.C. 1677f(f)(4), U.S.-Canada 

Free Trade Agreement Protective Order 

(1988), violation, maximum from 

$247,929 to $255,964. 

(f) National Oceanic and Atmospheric 

Administration. (1) 51 U.S.C. 60123(a), 

Land Remote Sensing Policy Act of 2010 

(2010), violation, maximum from 

$13,625 to $14,067. 

(2) 51 U.S.C. 60148(c), Land Remote 

Sensing Policy Act of 2010 (2010), 

violation, maximum from $13,625 to 

$14,067. 

(3) 16 U.S.C. 773f(a), Northern Pacific 

Halibut Act of 1982 (2007), violation, 

maximum from $285,265 to $294,510. 

(4) 16 U.S.C. 783, Sponge Act (1914), 

violation, maximum from $2,037 to 

$2,103. 

(5) 16 U.S.C. 957(d), (e), and (f), Tuna 

Conventions Act of 1950 (1962): 

(i) Violation of 16 U.S.C. 957(a), 

maximum from $101,805 to $105,105. 

(ii) Subsequent violation of 16 U.S.C. 

957(a), maximum from $219,273 to 

$226,380. 

(iii) Violation of 16 U.S.C. 957(b), 

maximum from $3,446 to $3,558. 

(iv) Subsequent violation of 16 U.S.C. 

957(b), maximum from $20,362 to 

$21,022. 

(v) Violation of 16 U.S.C. 957(c), 

maximum from $438,548 to $452,761. 

(6) 16 U.S.C. 957(i), Tuna 

Conventions Act of 1950,1 violation, 

maximum from $223,229 to $230,464. 

(7) 16 U.S.C. 959, Tuna Conventions 

Act of 1950,2 violation, maximum from 

$223,229 to $230,464. 

(8) 16 U.S.C. 971f(a), Atlantic Tunas 

Convention Act of 1975,3 violation, 

maximum from $223,229 to $230,464. 

(9) 16 U.S.C. 973f(a), South Pacific 

Tuna Act of 1988 (1988), violation, 

maximum from $619,820 to $639,908. 

(10) 16 U.S.C. 1174(b), Fur Seal Act 

Amendments of 1983 (1983), violation, 

maximum from $29,505 to $30,461. 

(11) 16 U.S.C. 1375(a)(1), Marine 

Mammal Protection Act of 1972 (1972), 

violation, maximum from $34,457 to 

$35,574. 

(12) 16 U.S.C. 1385(e), Dolphin 

Protection Consumer Information Act,4

violation, maximum from $223,229 to 

$230,464. 

(13) 16 U.S.C. 1437(d)(1), National 

Marine Sanctuaries Act (1992), 

violation, maximum from $210,161 to 

$216,972. 

(14) 16 U.S.C. 1540(a)(1), Endangered 

Species Act of 1973: 

(i) Violation as specified (1988), 

maximum from $61,982 to $63,991. 

(ii) Violation as specified (1988), 

maximum from $29,751 to $30,715. 

(iii) Otherwise violation (1978), 

maximum from $2,037 to $2,103. 

(15) 16 U.S.C. 1858(a), MagnusonStevens Fishery Conservation and 

Management Act (1990), violation, 

maximum from $223,229 to $230,464. 

(16) 16 U.S.C. 2437(a), Antarctic 

Marine Living Resources Convention 

Act of 1984,5 violation, maximum from 

$223,229 to $230,464. 

(17) 16 U.S.C. 2465(a), Antarctic 

Protection Act of 1990,6 violation, 

maximum from $223,229 to $230,464. 

(18) 16 U.S.C. 3373(a), Lacey Act 

Amendments of 1981 (1981): 

(i) 16 U.S.C. 3373(a)(1), violation, 

maximum from $31,908 to $32,942. 

(ii) 16 U.S.C. 3373(a)(2), violation, 

maximum from $797 to $823. 

(19) 16 U.S.C. 3606(b)(1), Atlantic 

Salmon Convention Act of 1982,7

violation, maximum from $223,229 to 

$230,464. 

(20) 16 U.S.C. 3637(b), Pacific Salmon 

Treaty Act of 1985,8 violation, 

maximum from $223,229 to $230,464. 

(21) 16 U.S.C. 4016(b)(1)(B), Fish and 

Seafood Promotion Act of 1986 (1986); 

violation, minimum from $1,350 to 

$1,394; maximum from $13,508 to 

$13,946. 

(22) 16 U.S.C. 5010, North Pacific 

Anadromous Stocks Act of 1992,9

violation, maximum from $223,229 to 

$230,464. 

(23) 16 U.S.C. 5103(b)(2), Atlantic 

Coastal Fisheries Cooperative 

Management Act,10 violation, maximum 

from $223,229 to $230,464. 

(24) 16 U.S.C. 5154(c)(1), Atlantic 

Striped Bass Conservation Act,11

violation, maximum from $223,229 to 

$230,464. 

(25) 16 U.S.C. 5507(a), High Seas 

Fishing Compliance Act of 1995 (1995), 

violation, maximum from $193,890 to 

$200,174. 

(26) 16 U.S.C. 5606(b), Northwest 

Atlantic Fisheries Convention Act of 

1995,12 violation, maximum from 

$223,229 to $230,464. 


ddrumheller on DSK120RN23PROD with RULES1
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13See footnote 7. 14See footnote 7. 15See footnote 7. 

16See footnote 7. 

17See footnote 7. 

18See footnote 7. 

19See footnote 7. 

20See footnote 7. 

(27) 16 U.S.C. 6905(c), Western and 

Central Pacific Fisheries Convention 

Implementation Act,13 violation, 

maximum from $223,229 to $230,464. 

(28) 16 U.S.C. 7009(c) and (d), Pacific 

Whiting Act of 2006,14 violation, 

maximum from $223,229 to $230,464. 

(29) 22 U.S.C. 1978(e), Fishermen’s 

Protective Act of 1967 (1971): 

(i) Violation, maximum from $34,457 

to $35,574. 

(ii) Subsequent violation, maximum 

from $101,805 to $105,105. 

(30) 30 U.S.C. 1462(a), Deep Seabed 

Hard Mineral Resources Act (1980), 

violation, maximum, from $87,855 to 

$90,702. 

(31) 42 U.S.C. 9152(c), Ocean Thermal 

Energy Conversion Act of 1980 (1980), 

violation, maximum from $87,855 to 

$90,702. 

(32) 16 U.S.C. 1827a, Billfish 

Conservation Act of 2012,15 violation, 

maximum from $223,229 to $230,464. 

(33) 16 U.S.C. 7407(b), Port State 

Measures Agreement Act of 2015,16

violation, maximum from $223,229 to 

$230,464. 

(34) 16 U.S.C. 1826g(f), High Seas 

Driftnet Fishing Moratorium Protection 

Act,17 violation, maximum from 

$223,229 to $230,464. 

(35) 16 U.S.C. 7705, Ensuring Access 

to Pacific Fisheries Act,18 violation, 

maximum from $223,229 to $230,464. 

(36) 16 U.S.C. 7805, Ensuring Access 

to Pacific Fisheries Act,19 violation, 

maximum from $223,229 to $230,464. 

(37) 16 U.S.C. 1857 note, James M. 

Inhofe National Defense Authorization 

Act for Fiscal Year 2023,20 (newly 

reported penalty), violation, maximum 

$230,464. 

(g) National Technical Information 

Service. 42 U.S.C. 1306c(c), Bipartisan 

Budget Act of 2013 (2013), violation, 

minimum from $1,158 to $1,196; 

maximum total penalty on any person 

for any calendar year, excluding willful 

or intentional violations, from $289,504 

to $298,887. 

(h) Office of the Under Secretary for 

Economic Affairs. 15 U.S.C. 113, 

Concrete Masonry Products Research, 

Education, and Promotion Act of 2018, 

violation, maximum from $5,000 to 

$5,162. 

§ 6.4 Effective date of adjustments for 

inflation to civil monetary penalties. 

The Department of Commerce’s 2024 

adjustments for inflation made by § 6.3, 

of the civil monetary penalties there 

specified, are effective on January 15, 

2024, and said civil monetary penalties, 

as thus adjusted by the adjustments for 

inflation made by § 6.3, apply only to 

those civil monetary penalties, 

including those whose associated 

violation predated such adjustment, 

which are assessed by the Department of 

Commerce after the effective date of the 

new civil monetary penalty level, and 

before the effective date of any future 

adjustments for inflation to civil 

monetary penalties thereto made 

subsequent to January 15, 2024 as 

provided in § 6.5. 

§ 6.5 Subsequent annual adjustments for 

inflation to civil monetary penalties. 

The Secretary of Commerce or his or 

her designee by regulation shall make 

subsequent adjustments for inflation to 

the Department of Commerce’s civil 

monetary penalties annually, which 

shall take effect not later than January 

15, notwithstanding section 553 of title 

5, United States Code. 

[FR Doc. 2023–28484 Filed 12–26–23; 8:45 am] 

BILLING CODE 3510–DP–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 202 

Docket No. FDA–2009–N–0582] 

Direct-to-Consumer Prescription Drug 

Advertisements: Presentation of the 

Major Statement in a Clear, 

Conspicuous, and Neutral Manner in 

Advertisements in Television and 

Radio Format Final Rule: Questions 

and Answers; Guidance for Industry; 

Small Entity Compliance Guide; 

Availability 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notification of availability. 

SUMMARY: The Food and Drug 

Administration (FDA, the Agency, or 

we) is announcing the availability of a 

guidance for industry entitled ‘‘Directto-Consumer Prescription Drug 

Advertisements: Presentation of the 

Major Statement in a Clear, 

Conspicuous, and Neutral Manner in 

Advertisements in Television and Radio 

Format Final Rule: Questions and 

Answers.’’ We are issuing this small 

entity compliance guide (SECG) in 

accordance with the Small Business 

Regulatory Enforcement Fairness Act to 

help small businesses understand and 

comply with the ‘‘Direct-to-Consumer 

Prescription Drug Advertisements: 

Presentation of the Major Statement in 

a Clear, Conspicuous, and Neutral 

Manner in Advertisements in Television 

and Radio Format Final Rule’’ (CCN 

Final Rule). The CCN Final Rule 

modifies FDA regulations to reflect the 

requirement in the Federal Food, Drug, 

and Cosmetic Act (FD&C Act) that 

human prescription drug 

advertisements presented directly to 

consumers (DTC) in television or radio 

format and stating the name of the drug 

and its conditions of use (DTC TV/radio 

ads) present the major statement relating 

to side effects and contraindications 

(major statement) in a clear, 

conspicuous, and neutral manner and 

establishes standards to help ensure this 

requirement is met. The term ‘‘drugs’’ in 

this guidance refers to prescription 

human drug and biological products. 

DATES: The announcement of the 

guidance is published in the Federal 

Register on December 27, 2023. 

ADDRESSES: You may submit either 

electronic or written comments on 

Agency guidances at any time as 

follows: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

Comments submitted electronically, 

including attachments, to https://

www.regulations.gov will be posted to 

the docket unchanged. Because your 

comment will be made public, you are 

solely responsible for ensuring that your 

comment does not include any 

confidential information that you or a 

third party may not wish to be posted, 

such as medical information, your or 

anyone else’s Social Security number, or 

confidential business information, such 

as a manufacturing process. Please note 

that if you include your name, contact 

information, or other information that 

identifies you in the body of your 

comments, that information will be 

posted on https://www.regulations.gov. 

• If you want to submit a comment 

with confidential information that you 

do not wish to be made available to the 

public, submit the comment as a 

written/paper submission and in the 

manner detailed (see ‘‘Written/Paper 

Submissions’’ and ‘‘Instructions’’). 

Written/Paper Submissions 

Submit written/paper submissions as 

follows: 

• Mail/Hand Delivery/Courier (for 

written/paper submissions): Dockets 

Management Staff (HFA–305), Food and 


ddrumheller on DSK120RN23PROD with RULES1