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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Federal Register / Vol. 89, No. 7 / Wednesday, January 10, 2024 / Rules and Regulations 1465 

Regulatory Flexibility Act 

The Regulatory Flexibility Act 

(codified as amended at 5 U.S.C. 601– 

612) provides that whenever an agency 

promulgates a final rule after being 

required to publish a notice of proposed 

rulemaking under the APA (5 U.S.C. 

553), the agency must prepare and make 

available a final regulatory flexibility 

analysis describing the impact of the 

rule on small entities or the head of the 

agency must certify that the rule will 

not have a significant economic impact 

on a substantial number of small 

entities. 5 U.S.C. 604–605. As indicated 

above, this final rule is not subject to the 

APA’s notice and comment 

requirements, and the Commission is 

not required to either conduct a 

regulatory flexibility analysis or certify 

that the final rule would not have a 

significant economic impact on a 

substantial number of small entities. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3521) requires an 

agency to seek and receive approval 

from the Office of Management and 

Budget (OMB) before collecting 

information from the public. 44 U.S.C. 

3507. The agency must submit 

collections of information in rules to 

OMB in conjunction with the 

publication of the notice of proposed 

rulemaking. 5 CFR 1320.11. This final 

rule does not contain any collection of 

information, as defined by 44 U.S.C. 

3502(3) and 5 CFR 1320.3(c). 

Regulation Identifier Number 

The Commission assigns a regulation 

identifier number (RIN) to each 

regulatory action listed in the Unified 

Agenda of Federal Regulatory and 

Deregulatory Actions (Unified Agenda). 

The Regulatory Information Service 

Center publishes the Unified Agenda in 

April and October of each year. The 

public may use the RIN contained in the 

heading at the beginning of this 

document to find this action in the 

Unified Agenda, available at http://

www.reginfo.gov/public/do/ 

eAgendaMain. 

List of Subjects in 46 CFR Part 506 

Administrative practice and 

procedure, Claims, Penalties. 

For the reasons stated in the 

preamble, 46 CFR part 506 is amended 

as follows: 

PART 506—CIVIL MONETARY 

PENALTY INFLATION ADJUSTMENT 

■ 1. The authority citation for part 506 

continues to read as follows: 

Authority: 28 U.S.C. 2461. 

■ 2. Amend § 506.4 by revising 

paragraph (d) to read as follows: 

§ 506.4 Cost of living adjustments of civil 

monetary penalties. 

* * * * * 

(d) Inflation adjustment. Maximum 

civil monetary penalties within the 

jurisdiction of the Federal Maritime 

Commission are adjusted for inflation as 

follows: 

TABLE 1 TO PARAGRAPH (d) 

United States Code citation Civil monetary penalty description 

Maximum 

penalty as 

of 

January 15, 2023 

Maximum 

penalty as 

of 

January 15, 2024 

46 U.S.C. 42304 ......................... Adverse impact on U.S. carriers by foreign shipping practices ..... $2,479,282 $2,559,636

46 U.S.C. 41107(a) .................... Knowing and Willful violation/Shipping Act of 1984, or Commission regulation or order.70,752 73,045 

46 U.S.C. 41107(a) .................... Violation of Shipping Act of 1984, Commission regulation or 

order, not knowing and willful.

14,149 14,608 

46 U.S.C. 41108(b) .................... Operating in foreign commerce after tariff suspension .................. 141,506 146,092 

46 U.S.C. 42104 ......................... Failure to provide required reports, etc./Merchant Marine Act of 

1920.

11,162 11,524 

46 U.S.C. 42106 ......................... Adverse shipping conditions/Merchant Marine Act of 1920 ........... 2,232,281 2,304,629 

46 U.S.C. 42108 ......................... Operating after tariff or service contract suspension/Merchant 

Marine Act of 1920.

111,614 115,231 

46 U.S.C. 44102, 44104 ............. Failure to establish financial responsibility for non-performance of 

transportation.

28,194 

941 

29,108 

971 

46 U.S.C. 44103, 44104 ............. Failure to establish financial responsibility for death or injury ....... 28,194 

941 

29,108 

971 

31 U.S.C. 3802(a)(1) .................. Program Fraud Civil Remedies Act/making false claim ................. 13,508 13,946 

31 U.S.C. 3802(a)(2) .................. Program Fraud Civil Remedies Act/giving false statement ........... 13,508 13,946 

By the Commission. 

David Eng, 

Secretary. 

[FR Doc. 2024–00354 Filed 1–9–24; 8:45 am] 

BILLING CODE 6730–02–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1 and 4 

[GN Docket No. 15–206; FCC 16–81, FCC 

19–138; FR ID 195876] 

Improving Outage Reporting for 

Submarine Cables and Enhanced 

Submarine Cable Outage Data 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective and compliance dates. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) 

approved the information collection 

associated with the Commission’s 

Report and Order and subsequent Order 

on Reconsideration. This document, 

consistent with those documents, 

fulfills the Commission’s commitment 

that it would publish a document in the 

Federal Register announcing the 

effective date of those rules. 

DATES: 

Effective date: The amendments to 47 

CFR 1.767 and 4.15, published at 81 FR 


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