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
Federal Register / Vol. 89, No. 8 / Thursday, January 11, 2024 / Rules and Regulations 1809 

certain archaeological material 

representing China’s cultural heritage 

from the Paleolithic Period (c. 75,000 

B.C.) through the end of the Tang Period 

(A.D. 907), and monumental sculpture 

and wall art at least 250 years old. On 

January 16, 2009, CBP published a final 

rule (CBP Dec. 09–03) in the Federal 

Register (74 FR 2838), which amended 

19 CFR 12.104g(a) to reflect the 

imposition of these restrictions, 

including a list designating the types of 

archaeological materials covered by the 

restrictions. 

The import restrictions were 

subsequently extended two more times 

in accordance with 19 U.S.C. 2602(e) 

and 19 CFR 12.104g(a), and the 

designated list was amended once. On 

January 13, 2014, CBP published a final 

rule (CBP Dec. 14–02) in the Federal 

Register (79 FR 2088), which amended 

§ 12.104g(a) to reflect the extension of 

these import restrictions for an 

additional five years. By request of 

China, this document also amended the 

Designated List to clarify that the 

restrictions as to monumental sculpture 

and wall art at least 250 years old were 

to be calculated as of January 14, 2009, 

the date the agreement became effective. 

Subsequently, on January 10, 2019, 

the United States and China entered 

into a new memorandum of 

understanding (2019 MOU), that 

superseded and replaced the prior 

agreement, extending the import 

restrictions for an additional five years. 

The new MOU added a new subcategory 

of glass objects from the Zhou period 

through the Tang period and revised the 

Designated List of cultural property 

described in CBP Dec. 14–02. On 

January 14, 2019, CBP published a final 

rule (CBP Dec. 19–02) in the Federal 

Register (84 FR 107), which amended 

§ 12.104g(a) to reflect the extension of 

these import restrictions for an 

additional five years and amended the 

Designated List to include the new 

subcategory of glass objects from the 

Zhou period through the Tang Period. 

These import restrictions are due to 

expire on January 14, 2024. 

On May 19, 2023, the United States 

Department of State proposed in the 

Federal Register (88 FR 32264) to 

extend the 2019 MOU. On November 

14, 2023, after considering the views 

and recommendations of the Cultural 

Property Advisory Committee, the 

Acting Assistant Secretary for 

Educational and Cultural Affairs, United 

States Department of State, made the 

necessary determinations to extend the 

import restrictions for an additional five 

years. Following an exchange of 

diplomatic notes, the United States 

Department of State and the 

Government of the People’s Republic of 

China have agreed to extend the 

restrictions for an additional five-year 

period, through January 14, 2029. 

Accordingly, CBP is amending 19 CFR 

12.104g(a) to reflect the extension of 

these import restrictions. The 

restrictions on the importation of 

archaeological material from China will 

continue in effect through January 14, 

2029. Importation of such material from 

China continues to be restricted through 

that date unless the conditions set forth 

in 19 U.S.C. 2606 and 19 CFR 12.104c 

are met. 

The Designated List and additional 

information may also be found at the 

following website address: https://

eca.state.gov/cultural-heritage-center/ 

cultural-property-advisory-committee/ 

current-import-restrictions by selecting 

the material for ‘‘China.’’ 

Inapplicability of Notice and Delayed 

Effective Date 

This amendment involves a foreign 

affairs function of the United States and 

is, therefore, being made without notice 

or public procedure under 5 U.S.C. 

553(a)(1). For the same reason, a 

delayed effective date is not required 

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

Executive Orders 12866 and 13563 

Executive Orders 12866 (as amended 

by Executive Order 14994) and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. CBP has 

determined that this document is not a 

regulation or rule subject to the 

provisions of Executive Orders 12866 

and 13563 because it pertains to a 

foreign affairs function of the United 

States, as described above, and therefore 

is specifically exempted by section 

3(d)(2) of Executive Order 12866 and, by 

extension, Executive Order 13563. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.), as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, requires an agency 

to prepare and make available to the 

public a regulatory flexibility analysis 

that describes the effect of a proposed 

rule on small entities (i.e., small 

businesses, small organizations, and 

small governmental jurisdictions) when 

the agency is required to publish a 

general notice of proposed rulemaking 

for a rule. Since a general notice of 

proposed rulemaking is not necessary 

for this rule, CBP is not required to 

prepare a regulatory flexibility analysis 

for this rule. 

Signing Authority 

This regulation is being issued in 

accordance with 19 CFR 0.1(a)(1) 

pertaining to the Secretary of the 

Treasury’s authority (or that of the 

Secretary’s delegate) to approve 

regulations related to customs revenue 

functions. 

Troy A. Miller, the Senior Official 

Performing the Duties of the 

Commissioner, having reviewed and 

approved this document, has delegated 

the authority to electronically sign this 

document to the Director (or Acting 

Director, if applicable) of the 

Regulations and Disclosure Law 

Division for CBP, for purposes of 

publication in the Federal Register. 

List of Subjects in 19 CFR Part 12 

Cultural property, Customs duties and 

inspection, Imports, Prohibited 

merchandise, and Reporting and 

recordkeeping requirements. 

Amendment to the CBP Regulations 

For the reasons set forth above, part 

12 of title 19 of the Code of Federal 

Regulations (19 CFR part 12), is 

amended as set forth below: 

PART 12—SPECIAL CLASSES OF 

MERCHANDISE 

■ 1. The general authority citation for 

part 12 and the specific authority 

citation for § 12.104g continue to read as 

follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 

(General Note 3(i), Harmonized Tariff 

Schedule of the United States (HTSUS)), 

1624. 

* * * * * 

Sections 12.104 through 12.104i also 

issued under 19 U.S.C. 2612; 

* * * * * 

■ 2. In § 12.104g, amend the table in 

paragraph (a) by revising the entry for 

the People’s Republic of China to read 

as follows: 

§ 12.104g Specific items or categories 

designated by agreements or emergency 

actions. 

(a) * * * 


ddrumheller on DSK120RN23PROD with RULES1
1810 Federal Register / Vol. 89, No. 8 / Thursday, January 11, 2024 / Rules and Regulations 

State party Cultural property Decision No. 

*******

People’s Republic 

of China.

Archaeological materials representing China’s cultural heritage from the Paleolithic Period (c. 75,000 B.C.) through the end of the Tang Period (A.D. 907) 

and monumental sculpture and wall art at least 250 years old as of January 

14, 2009.

CBP Dec. 19–02, extended by CBP 

Dec. 24–01. 

* * * * * * * 

* * * * * 

Robert F. Altneu, 

Director, Regulations and Disclosure Law 

Division, Regulations and Rulings, Office of 

Trade, U.S. Customs and Border Protection. 

Approved: 

Thomas C. West, Jr., 

Deputy Assistant Secretary of the Treasury 

for Tax Policy. 

[FR Doc. 2024–00394 Filed 1–10–24; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Part 655 

Office of Workers’ Compensation 

Programs 

20 CFR Parts 702, 725, and 726 

Office of the Secretary 

29 CFR Part 5 

41 CFR Part 50–201 

Wage and Hour Division 

29 CFR Parts 500, 501, 503, 530, 570, 

578, 579, 801, 810, and 825 

Occupational Safety and Health 

Administration 

29 CFR Part 1903 

Mine Safety and Health Administration 

30 CFR Part 100 

RIN 1290–AA48 

Federal Civil Penalties Inflation 

Adjustment Act Annual Adjustments 

for 2024 

AGENCY: Employment and Training 

Administration, Office of Workers’ 

Compensation Programs, Office of the 

Secretary, Wage and Hour Division, 

Occupational Safety and Health 

Administration, Employee Benefits 

Security Administration, and Mine 

Safety and Health Administration, 

Department of Labor. 

ACTION: Final rule. 

SUMMARY: The U.S. Department of Labor 

(Department) is publishing this final 

rule to adjust for inflation the civil 

monetary penalties assessed or enforced 

by the Department, pursuant to the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 as amended by 

the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (Inflation Adjustment Act). The 

Inflation Adjustment Act requires the 

Department to annually adjust its civil 

money penalty levels for inflation no 

later than January 15 of each year. The 

Inflation Adjustment Act provides that 

agencies shall adjust civil monetary 

penalties notwithstanding Section 553 

of the Administrative Procedure Act 

(APA). Additionally, the Inflation 

Adjustment Act provides a cost-of-living 

formula for adjustment of the civil 

penalties. Accordingly, this final rule 

sets forth the Department’s 2024 annual 

adjustments for inflation to its civil 

monetary penalties. 

DATES: This final rule is effective on 

January 15, 2024. As provided by the 

Inflation Adjustment Act, the increased 

penalty levels apply to any penalties 

assessed after January 15, 2024. 

FOR FURTHER INFORMATION CONTACT: Erin 

FitzGerald, Senior Policy Advisor, U.S. 

Department of Labor, Room S–2312, 200 

Constitution Avenue NW, Washington, 

DC 20210; telephone: (202) 693–5076 

(this is not a toll-free number). Copies 

of this final rule may be obtained in 

alternative formats (large print, Braille, 

audio tape or disc), upon request, by 

calling (202) 693–5959 (this is not a tollfree number). TTY/TDD callers may dial 

toll-free 1–877–889–5627 to obtain 

information or request materials in 

alternative formats. 

SUPPLEMENTARY INFORMATION: 

Preamble Table of Contents 

I. Background 

II. Adjustment for 2024 

III. Paperwork Reduction Act 

IV. Administrative Procedure Act 

V. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

VI. Regulatory Flexibility Act and Small 

Business Regulatory Enforcement 

Fairness Act 

VII. Other Regulatory Considerations 

A. The Unfunded Mandates Reform Act of 

1995 

B. Executive Order 13132: Federalism 

C. Executive Order 13175: Indian Tribal 

Governments 

D. The Treasury and General Government 

Appropriations Act of 1999: Assessment 

of Federal Regulations and Policies on 

Families 

E. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

F. Environmental Impact Assessment 

G. Executive Order 13211: Energy Supply 

H. Executive Order 12630: Constitutionally 

Protected Property Rights 

I. Executive Order 12988: Civil Justice 

Reform Analysis 

I. Background 

On November 2, 2015, Congress 

enacted the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015, Public Law 114–74, sec. 

701 (Inflation Adjustment Act), which 

further amended the Federal Civil 

Penalties Inflation Adjustment Act of 

1990 as previously amended by the 

1996 Debt Collection Improvement Act 

(collectively, the ‘‘Prior Inflation 

Adjustment Act’’), to improve the 

effectiveness of civil monetary penalties 

and to maintain their deterrent effect. 

The Inflation Adjustment Act required 

agencies to (1) adjust the level of civil 

monetary penalties with an initial 

‘‘catch-up’’ adjustment through an 

interim final rule (IFR); and (2) make 

subsequent annual adjustments for 

inflation no later than January 15 of 

each year. 

On July 1, 2016, the Department 

published an IFR that established the 

initial catch-up adjustment for most 

civil penalties that the Department 

administers and requested comments. 

See 81 FR 43430 (DOL IFR). On January 

18, 2017, the Department published the 

final rule establishing the 2017 Annual 

Adjustment for those civil monetary 

penalties adjusted in the DOL IFR. See 

82 FR 5373 (DOL 2017 Annual 


ddrumheller on DSK120RN23PROD with RULES1