9764 Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations 

(ii) Any person, including a person 

who moves before the date the housing 

plan is submitted to HUD, that the 

DHHL determines was displaced as a 

direct result of acquisition, 

rehabilitation, or demolition for the 

assisted project; 

(iii) A tenant-occupant of a dwelling 

unit who moves from the building/ 

complex permanently after execution of 

the agreement between the DHHL and 

HUD, if the move occurs before the 

tenant is provided written notice 

offering him or her the opportunity to 

lease and occupy a suitable, decent, safe 

and sanitary dwelling in the same 

building/complex, under reasonable 

terms and conditions, upon completion 

of the project. Such reasonable terms 

and conditions include a monthly rent 

and estimated average monthly utility 

costs that do not exceed the greater of: 

(A) The tenant-occupant’s monthly 

rent and estimated average monthly 

utility costs before the agreement; or 

(B) Thirty percent of gross household 

income. 

(iv) A tenant-occupant of a dwelling 

who is required to relocate temporarily, 

but does not return to the building/ 

complex, if: 

(A) The tenant-occupant is not offered 

payment for all reasonable out-of-pocket 

expenses incurred in connection with 

the temporary relocation, including the 

cost of moving to and from the 

temporarily occupied unit, any 

increased housing costs and incidental 

expenses; 

(B) The tenant-occupant is required to 

temporarily relocate for more than one 

year; or 

(C) Other conditions of the temporary 

relocation are not reasonable. 

(v) A tenant-occupant of a dwelling 

who moves from the building/complex 

after he or she has been required to 

move to another dwelling unit in the 

same building/complex in order to carry 

out the project, if either: 

(A) The tenant-occupant is not offered 

reimbursement for all reasonable out-ofpocket expenses incurred in connection 

with the move; or 

(B) Other conditions of the move are 

not reasonable. 

(2) Notwithstanding the provisions of 

this section for the definition of 

‘‘Displaced Person,’’ a person does not 

qualify as a ‘‘displaced person’’ (and is 

not eligible for relocation assistance 

under the URA or this section), if: 

(i) The person moved into the 

property after the submission of the 

housing plan to HUD, but before signing 

a lease or commencing occupancy, was 

provided written notice of the project, 

its possible impact on the person (e.g., 

the person may be displaced, 

temporarily relocated or suffer a rent 

increase) and the fact that the person 

would not qualify as a ‘‘displaced 

person’’ or for any assistance provided 

under this section as a result of the 

project; 

(ii) The person meets the definition of 

‘‘persons not displaced’’ as defined in 

49 CFR 24.2; or 

(iii) The DHHL determines the person 

is not displaced as a direct result of 

acquisition, rehabilitation, or 

demolition for an assisted project. To 

exclude a person on this basis, HUD 

must concur in that determination in 

accordance with 49 CFR 24.2. 

(3) The DHHL may at any time ask 

HUD to determine whether a specific 

displacement is or would be covered 

under this section. 

(g) Definition of initiation of 

negotiations. For purposes of 

determining the formula for computing 

the replacement housing assistance to 

be provided to a person displaced from 

a dwelling as a direct result of 

acquisition, rehabilitation, or 

demolition of the real property, the term 

Initiation of Negotiations (ION) date 

means the execution of the written 

agreement covering the acquisition, 

rehabilitation, or demolition (See 49 

CFR 24.2). 

■ 20. In § 1006.410, revise paragraph 

(a)(2), add paragraph (a)(3), and revise 

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

§ 1006.410 Performance reports. 

(a) * * * 

(2) Submit a report in a form 

acceptable to HUD, within 90 days of 

the end of the DHHL’s fiscal year, 

describing the conclusions of the 

review. 

(3) DHHL may submit a written 

request for an extension of the deadline. 

HUD will establish a new date for 

submission if the extension is granted. 

* * * * * 

(c) * * * 

(1) Comments by Native Hawaiians. In 

preparing a report under this section, 

the DHHL shall make the report 

publicly available to Native Hawaiians 

who are eligible to reside on the 

Hawaiian Home Lands and give a 

sufficient amount of time to permit 

them to comment on that report, in such 

manner and at such time as the DHHL 

may determine, before it is submitted to 

HUD. 

* * * * * 

■ 21. In § 1006.420, add a heading to 

paragraph (c) to read as follows: 

§ 1006.420 Review of DHHL’s 

performance. 

* * * * * 

(c) Failure to maintain records. * * * 

Adrianne Todman, 

Deputy Secretary for U.S. Department of 

Housing and Urban Development. 

[FR Doc. 2024–02447 Filed 2–9–24; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 85 

[Docket No. OLP 176] 

Civil Monetary Penalties Inflation 

Adjustments for 2024 

AGENCY: Department of Justice. 

ACTION: Final rule. 

SUMMARY: The Department of Justice is 

adjusting for inflation the civil monetary 

penalties assessed or enforced by 

components of the Department, in 

accordance with the provisions of the 

Bipartisan Budget Act of 2015, for 

penalties assessed after February 12, 

2024 with respect to violations 

occurring after November 2, 2015. 

DATES: This rule is effective February 

12, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Robert Hinchman, Senior Counsel, 

Office of Legal Policy, U.S. Department 

of Justice, Room 4252 RFK Building, 

950 Pennsylvania Avenue NW, 

Washington, DC 20530, telephone (202) 

514–8059 (not a toll-free number). 

SUPPLEMENTARY INFORMATION: 

I. Statutory Process for Implementing 

Annual Inflation Adjustments 

Section 701 of the Bipartisan Budget 

Act of 2015, Public Law 114–74 (Nov. 

2, 2015) (‘‘BBA’’), 28 U.S.C. 2461 note, 

substantially revised the prior 

provisions of the Federal Civil Monetary 

Penalties Inflation Adjustment Act of 

1990, Public Law 101–410 (the 

‘‘Inflation Adjustment Act’’), and 

substituted a different statutory formula 

for calculating inflation adjustments on 

an annual basis. 

In accordance with the provisions of 

the BBA, on June 30, 2016 (81 FR 

42491), the Department of Justice 

published an interim rule (‘‘June 2016 

interim rule’’) to adjust for inflation the 

civil monetary penalties assessed or 

enforced by components of the 

Department after August 1, 2016, with 

respect to violations occurring after 

November 2, 2015, the date of 

enactment of the BBA. Readers may 

refer to the SUPPLEMENTARY INFORMATION

(also known as the preamble) of the 

Department’s June 2016 interim rule for 

additional background information 

regarding the statutory authority for 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations 9765 

adjustments of civil monetary penalty 

amounts to take account of inflation and 

the Department’s past implementation 

of inflation adjustments. The June 2016 

interim rule was finalized without 

change by the publication of a final rule 

on April 5, 2019 (84 FR 13525). 

After the initial adjustments in 2016, 

the BBA also provides for agencies to 

adjust their civil penalties on January 15 

of each year to account for inflation 

during the preceding year, rounded to 

the nearest dollar. Accordingly, on 

February 3, 2017 (82 FR 9131), and on 

January 29, 2018 (83 FR 3944), the 

Department published final rules 

pursuant to the BBA to make annual 

inflation adjustments in the civil 

monetary penalties assessed or enforced 

by components of the Department after 

those dates, with respect to violations 

occurring after November 2, 2015. 

The Department has continued to 

promulgate rules adjusting the civil 

money penalties for inflation thereafter. 

Most recently, the Department 

published a final rule on January 30, 

2023 (88 FR 5776), to adjust the civil 

money penalties to account for inflation 

occurring since 2022. 

II. Inflation Adjustments Made by This 

Rule 

As required, the Department is 

publishing this final rule to adjust for 

2024 the Department’s current civil 

penalties. Under the statutory formula, 

the adjustments made by this rule are 

based on the Bureau of Labor Statistics’ 

Consumer Price Index for October 2023. 

The OMB Memorandum for the Heads 

of Executive Departments and Agencies 

M–24–07 (Dec. 19, 2023) https://

www.whitehouse.gov/wp-content/ 

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

Implementation-of-Penalty-InflationAdjustments-for-2024.pdf (last visited 

Dec. 21, 2023) instructs that the 

applicable inflation factor for this 

adjustment is 1.03241. 

Accordingly, this rule adjusts the civil 

penalty amounts in 28 CFR 85.5 by 

applying the inflation factor of 1.03241 

mechanically to each of the civil penalty 

amounts listed (rounded to the nearest 

dollar). 

Example: 

• In 2016, the Program Fraud Civil 

Remedies Act penalty was increased to 

$10,781 in accordance with the 

adjustment requirements of the BBA. 

• For 2017, where the applicable 

inflation factor was 1.01636, the existing 

penalty of $10,781 was multiplied by 

1.01636 and revised to $10,957. 

• Similar adjustments have been 

made in the following years, through 

2023, where the applicable inflation 

factor was 1.07745, and the existing 

penalty of $12,537 was multiplied by 

1.07745 and revised to $13,508. 

• For this final rule in 2024, where 

the applicable inflation factor is 

1.03241, the existing penalty of $13,508 

is multiplied by 1.03241 and rounded to 

the nearest dollar. The revised penalty 

is now $13,946. 

This rule adjusts for inflation civil 

monetary penalties within the 

jurisdiction of the Department of Justice 

for purposes of the Inflation Adjustment 

Act, as amended. Other agencies are 

responsible for the inflation adjustments 

of certain other civil monetary penalties 

that the Department’s litigating 

components bring suit to collect. The 

reader should consult the regulations of 

those other agencies for inflation 

adjustments to those penalties. 

III. Effective Date of Adjusted Civil 

Penalty Amounts 

Under this rule, the adjusted civil 

penalty amounts for 2024 are applicable 

only to civil penalties assessed after 

February 12, 2024, with respect to 

violations occurring after November 2, 

2015, the date of enactment of the BBA. 

The penalty amounts set forth in the 

existing provisions of 28 CFR 85.5, and 

its accompanying table, are applicable 

to all covered civil penalties assessed 

after August 1, 2016, and on or before 

February 12, 2024, with respect to 

violations occurring after November 2, 

2015. 

The revised table in this rule lists the 

civil penalty amounts as adjusted in 

2024, 2023, 2022, and 2021. For 

penalties assessed prior to the 

adjustment rule adopted in 2021, 

section 85.5(c) of this rule directs 

readers back to the 2020 version of the 

rule, as published in the Federal 

Register, which sets forth the adjusted 

civil penalty amounts for penalties 

assessed prior to the 2021 adjustments. 

85 FR 37004 (June 19, 2020). 

Civil penalties for violations 

occurring on or before November 2, 

2015, and assessments made on or 

before August 1, 2016, will continue to 

be subject to the civil monetary penalty 

amounts set forth in the Department’s 

regulations in 28 CFR parts 20, 22, 36, 

68, 71, 76, and 85 as such regulations 

were in effect prior to August 1, 2016 (or 

as set forth by statute if the amount had 

not yet been adjusted by regulation prior 

to August 1, 2016). See Civil Monetary 

Penalties Inflation Adjustment, 83 FR 

3944 (Jan. 29, 2018). 

IV. Statutory and Regulatory Analyses 

A. Administrative Procedure Act 

The BBA provides that, for each 

annual adjustment made after the initial 

adjustments of civil penalties in 2016, 

the head of an agency shall adjust the 

civil monetary penalties each year 

notwithstanding 5 U.S.C. 553. 

Accordingly, this rule is being issued as 

a final rule without prior notice and 

public comment, and without a delayed 

effective date. 

B. Regulatory Flexibility Act 

Only those entities that are 

determined to have violated Federal law 

and regulations would be affected by the 

increase in the civil penalty amounts 

made by this rule. A Regulatory 

Flexibility Act analysis is not required 

for this rule because publication of a 

notice of proposed rulemaking was not 

required. See 5 U.S.C. 603(a). 

C. Executive Orders 12866, 13563, and 

14094—Regulatory Review 

This final rule has been drafted in 

accordance with Executive Order 12866, 

‘‘Regulatory Planning and Review,’’ 

section 1(b), The Principles of 

Regulation, in accordance with 

Executive Order 13563, ‘‘Improving 

Regulation and Regulatory Review,’’ 

section 1, General Principles of 

Regulation, and in accordance with 

section 1(b), General Principles of 

Regulation; and Executive Order 14094, 

‘‘Modernizing Regulatory Review’’. 

Executive Orders 12866 and 13563 

direct agencies, in certain 

circumstances, to assess all 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). 

The Department of Justice has 

determined that this rule is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ section 3(f), and, 

accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget. This final rule implements 

the BBA by making an across-the-board, 

mechanical adjustment of the civil 

penalty amounts in 28 CFR 85.5 to 

account for inflation since the adoption 

of the Department’s final rule published 

on January 30, 2023 (88 FR 5776). 

D. Executive Order 13132—Federalism 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 


khammond on DSKJM1Z7X2PROD with RULES
9766 Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations 

it is determined that this rule does not 

have sufficient federalism implications 

to warrant the preparation of a 

Federalism Assessment. 

E. Executive Order 12988—Civil Justice 

Reform 

This rule meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988. 

F. Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year (as adjusted for 

inflation), and it will not significantly or 

uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

G. Congressional Review Act 

This rule is not a major rule as 

defined by the Congressional Review 

Act, 5 U.S.C. 804. 

List of Subjects in 28 CFR Part 85 

Administrative practice and 

procedure, Penalties. 

Under rulemaking authority vested in 

the Attorney General in 5 U.S.C. 301; 28 

U.S.C. 509, 510 and delegated to the 

Assistant Attorney General, Office of 

Legal Policy, by A.G. Order No. 5328– 

2022, and for the reasons set forth in the 

preamble, chapter I of title 28 of the 

Code of Federal Regulations is amended 

as follows: 

PART 85—CIVIL MONETARY 

PENALTIES INFLATION ADJUSTMENT 

■ 1. The authority citation for part 85 

continues to read as follows: 

Authority: 5 U.S.C. 301, 28 U.S.C. 503; 

Pub. L. 101–410, 104 Stat. 890, as amended 

by Pub. L. 104–134, 110 Stat. 1321; Pub. L. 

114–74, section 701, 28 U.S.C. 2461 note. 

■ 2. Section 85.5 is revised to read as 

follows: 

§ 85.5 Adjustments to penalties for 

violations occurring after November 2, 

2015. 

(a) For civil penalties assessed after 

February 12, 2024, whose associated 

violations occurred after November 2, 

2015, the civil monetary penalties 

provided by law within the jurisdiction 

of the Department are adjusted as set 

forth in the seventh column of table 1 

to this section. 

(b) For civil penalties assessed after 

January 30, 2023, and on or before 

February 12, 2024 whose associated 

violations occurred after November 2, 

2015, the civil monetary penalties 

provided by law within the jurisdiction 

of the Department are set forth in the 

sixth column of table 1 to this section. 

For civil penalties assessed after May 9, 

2022, and on or before January 30, 2023, 

whose associated violations occurred 

after November 2, 2015, the civil 

monetary penalties provided by law 

within the jurisdiction of the 

Department are set forth in the fifth 

column of table 1 to this section. For 

civil penalties assessed after December 

13, 2021, and on or before May 9, 2022, 

whose associated violations occurred 

after November 2, 2015, the civil 

monetary penalties provided by law 

within the jurisdiction of the 

Department are set forth in the fourth 

column of table 1 to this section. 

(c) For civil penalties assessed on or 

before December 13, 2021, the civil 

monetary penalties provided by law 

within the jurisdiction of the 

Department are set forth in 28 CFR 85.5 

(July 1, 2020). 

(d) All figures set forth in table 1 to 

this section are maximum penalties, 

unless otherwise indicated. 

TABLE 1 TO § 85.5 

U.S.C. citation Name/description CFR citation 

DOJ penalty 

assessed 

after 

12/13/2021 

($) 

DOJ penalty 

assessed 

after 

5/9/2022 

($) 

DOJ penalty 

assessed after 

1/30/2023 FN1 

($) 

DOJ penalty 

assessed after 

2/12/2024 FN2 

($) 

ATF 

18 U.S.C. 922(t)(5) ........... Brady Law—Nat’l Instant Criminal Check 

System (NICS); Transfer of firearm without checking NICS.

................................... 8,935 9,491 10,226 10,557 

18 U.S.C. 924(p) .............. Child Safety Lock Act; Secure gun storage 

or safety device, violation.

................................... 3,268 3,471 3,740 3,861 

Civil Division 

12 U.S.C. 1833a(b)(1) ...... Financial Institutions Reform, Recovery, 

and Enforcement Act (FIRREA) Violation.

28 CFR 85.3(a)(6) .... 2,073,133 2,202,123 2,372,677 2,449,575 

12 U.S.C. 1833a(b)(2) ...... FIRREA Violation (continuing) (per day) .... 28 CFR 85.3(a)(7) .... 2,073,133 2,202,123 2,372,677 2,449,575 

12 U.S.C. 1833a(b)(2) ...... FIRREA Violation (continuing) .................... 28 CFR 85.3(a)(7) .... 10,365,668 11,010,620 11,863,393 12,247,886 

22 U.S.C. 2399b(a)(3)(A) Foreign Assistance Act; Fraudulent Claim 

for Assistance (per act).

28 CFR 85.3(a)(8) .... 6,021 6,396 6,891 7,114 

31 U.S.C. 3729(a) ............ False Claims Act; FN3 Violations ............... 28 CFR 85.3(a)(9) .... Min 11,803, 

Max 23,607 

Min 12,537, 

Max 25,076 

Min 13,508, 

Max 27,018 

Min 13,946, 

Max 27,894 

31 U.S.C. 3802(a)(1) ........ Program Fraud Civil Remedies Act; Violations Involving False Claim (per claim).28 CFR 71.3(a) ........ 11,803 12,537 13,508 13,946 

31 U.S.C. 3802(a)(2) ........ Program Fraud Civil Remedies Act; Violation Involving False Statement (per statement).28 CFR 71.3(f) ......... 11,803 12,537 13,508 13,946 

40 U.S.C. 123(a)(1)(A) ..... Federal Property and Administrative Services Act; Violation Involving Surplus Government Property (per act).28 CFR 85.3(a)(12) .. 6,021 6,396 6,891 7,114 

41 U.S.C. 8706(a)(1)(B) ... Anti-Kickback Act; Violation Involving Kickbacks FN4 (per occurrence).28 CFR 85.3(a)(13) .. 23,607 25,076 27,018 27,894 

18 U.S.C. 2723(b) ............ Driver’s Privacy Protection Act of 1994; 

Prohibition on Release and Use of Certain Personal Information from State 

Motor Vehicle Records—Substantial 

Non-compliance (per day).

................................... 8,708 9,250 9,966 10,289 


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Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations 9767 

TABLE 1 TO § 85.5—Continued 

U.S.C. citation Name/description CFR citation 

DOJ penalty 

assessed 

after 

12/13/2021 

($) 

DOJ penalty 

assessed 

after 

5/9/2022 

($) 

DOJ penalty 

assessed after 

1/30/2023 FN1 

($) 

DOJ penalty 

assessed after 

2/12/2024 FN2 

($) 

18 U.S.C. 216(b) .............. Ethics Reform Act of 1989; Penalties for 

Conflict of Interest Crimes FN5 (per violation).

28 CFR 85.3(c) ......... 103,657 110,107 118,635 122,480 

41 U.S.C. 2105(b)(1) ........ Office of Federal Procurement Policy Act; 

FN6 Violation by an individual (per violation).

................................... 108,315 115,054 123,965 127,983 

41 U.S.C. 2105(b)(2) ........ Office of Federal Procurement Policy Act; 

FN6 Violation by an organization (per 

violation).

................................... 1,083,140 1,150,533 1,239,642 1,279,819 

42 U.S.C. 5157(d) ............ Disaster Relief Act of 1974; FN7 Violation 

(per violation).

................................... 13,685 14,536 15,662 16,170 

Civil Rights Division (excluding immigration-related penalties) 

18 U.S.C. 248(c)(2)(B)(i) .. Freedom of Access to Clinic Entrances Act 

of 1994 (‘‘FACE Act’’); Nonviolent physical obstruction, first violation.

28 CFR 85.3(b)(1)(i) 17,364 18,444 19,872 20,516 

18 U.S.C. 248(c)(2)(B)(ii) FACE Act; Nonviolent physical obstruction, 

subsequent violation.

28 CFR 85.3(b)(1)(ii) 26,125 27,750 29,899 30,868 

18 U.S.C. 248(c)(2)(B)(i) .. FACE Act; Violation other than a nonviolent physical obstruction, first violation.28 CFR 85.3(b)(2)(i) 26,125 27,750 29,899 30,868 

18 U.S.C. 248(c)(2)(B)(ii) FACE Act; Violation other than a nonviolent physical violation).28 CFR 85.3(b)(2)(ii) 43,543 46,252 49,834 51,449 

42 U.S.C. 3614(d)(1)(C)(i) Fair Housing Act of 1968; first violation ...... 28 CFR 85.3(b)(3)(i) 108,315 115,054 123,965 127,983 

42 U.S.C. 3614(d)(1)(C)(ii) Fair Housing Act of 1968; subsequent violation.28 CFR 85.3(b)(3)(ii) 216,628 230,107 247,929 255,964 

42 U.S.C. 

12188(b)(2)(C)(i).

Americans With Disabilities Act; Public accommodations for individuals with disabilities, first violation.28 CFR 

36.504(a)(3)(i).

97,523 103,591 111,614 115,231 

42 U.S.C. 

12188(b)(2)(C)(ii).

Americans With Disabilities Act; Public accommodations for individuals with disabilities subsequent violation.28 CFR 

36.504(a)(3)(ii).

195,047 207,183 223,229 230,464 

50 U.S.C. 4041(b)(3) ........ Servicemembers Civil Relief Act of 2003; 

first violation.

28 CFR 85.3(b)(4)(i) 65,480 69,554 74,941 77,370 

50 U.S.C. 4041(b)(3) ........ Servicemembers Civil Relief Act of 2003; 

subsequent violation.

28 CFR 85.3(b)(4)(ii) 130,961 139,109 149,883 154,741 

Criminal Division 

18 U.S.C. 983(h)(1) .......... Civil Asset Forfeiture Reform Act of 2000; 

Penalty for Frivolous Assertion of Claim.

................................... Min 374, 

Max 7,482 

Min 397, 

Max 7,948 

Min 428, 

Max 8,564 

Min 442, 

Max 8,842 

18 U.S.C. 1956(b) ............ Money Laundering Control Act of 1986; 

Violation FN8.

................................... 23,607 25,076 27,018 27,894 

DEA 

21 U.S.C. 844a(a) ............ Anti-Drug Abuse Act of 1988; Possession 

of small amounts of controlled substances (per violation).

28 CFR 76.3(a) ........ 21,663 23,011 24,793 25,597 

21 U.S.C. 961(1) .............. Controlled Substance Import Export Act; 

Drug abuse, import or export.

28 CFR 85.3(d) ........ 75,267 79,950 86,142 88,934 

21 U.S.C. 842(c)(1)(A) ..... Controlled Substances Act (‘‘CSA’’); Violations of 842(a)—other than (5), (10), (16) 

and (17)—Prohibited acts re: controlled 

substances (per violation).

................................... 68,426 72,683 78,312 80,850 

21 U.S.C. 842(c)(1)(B)(i) .. CSA; Violations of 842(a)(5), (10), and 

(17)—Prohibited acts re: controlled substances.

................................... 15,876 16,864 18,170 18,759 

21 U.S.C. 842(c)(1)(B)(ii)– SUPPORT for Patients and Communities 

Act; FN9 Violations of 842(b)(ii)—Failures re: opioids.

................................... 102,967 109,374 117,845 121,664 

21 U.S.C. 842(c)(1)(C) ..... CSA; Violation of 825(e) by importer, exporter, manufacturer, or distributor— 

False labeling of anabolic steroids (per 

violation).

................................... 548,339 582,457 627,568 647,907 

21 U.S.C. 842(c)(1)(D) ..... CSA; Violation of 825(e) at the retail 

level—False labeling of anabolic steroids 

(per violation).

................................... 1,097 1,165 1,255 1,296 

21 U.S.C. 842(c)(2)(C) ..... CSA; Violation of 842(a)(11) by a business—Distribution of laboratory supply 

with reckless disregard FN10.

................................... 411,223 436,809 470,640 485,893 

21 U.S.C. 842(c)(2)(D) ..... SUPPORT for Patients and Communities 

Act; FN9 Violations of 842(a)(5), (10) 

and (17) by a registered manufacture or 

distributor of opioids. Failures re: opioids.

................................... 514,834 546,867 589,222 608,319 


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9768 Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations 

TABLE 1 TO § 85.5—Continued 

U.S.C. citation Name/description CFR citation 

DOJ penalty 

assessed 

after 

12/13/2021 

($) 

DOJ penalty 

assessed 

after 

5/9/2022 

($) 

DOJ penalty 

assessed after 

1/30/2023 FN1 

($) 

DOJ penalty 

assessed after 

2/12/2024 FN2 

($) 

21 U.S.C. 856(d) .............. Illicit Drug Anti-Proliferation Act of 2003; 

Maintaining drug-involved premises 

FN11.

................................... 379,193 402,786 433,982 448,047 

Immigration-Related Penalties FN12 

8 U.S.C. 1324a(e)(4)(A)(i) Immigration Reform and Control Act of 

1986 (‘‘IRCA’’); Unlawful employment of 

aliens, first order (per unauthorized alien).

28 CFR 68.52(c)(1)(i) Min 590, 

Max 4,722 

Min 627, 

Max 5,016 

Min 676, 

Max 5,404 

Min 698, 

Max 5,579 

8 U.S.C. 1324a(e)(4)(A)(ii) IRCA; Unlawful employment of aliens, second order (per such alien).28 CFR 

68.52(c)(1)(ii).

Min 4,722, 

Max 11,803 

Min 5,016, 

Max 12,537 

Min 5,404, 

Max 13,508 

Min 5,579, 

Max 13,946 

8 U.S.C. 

1324a(e)(4)(A)(iii).

IRCA; Unlawful employment of aliens, subsequent order (per such alien).28 CFR 

68.52(c)(1)(iii).

Min 7,082, 

Max 23,607 

Min 7,523, 

Max 25,076 

Min 8,106, 

Max 27,018 

Min 8,369, 

Max 27,894 

8 U.S.C. 1324a(e)(5) ........ IRCA; Paperwork violation (per relevant individual).28 CFR 68.52(c)(5) .. Min 237, 

Max 2,360 

Min 252, 

Max 2,507 

Min 272, 

Max 2,701 

Min 281, 

Max 2,789 

8 U.S.C. 1324a (note) ...... IRCA; Violation relating to participating employer’s failure to notify of final nonconfirmation of employee’s employment eligibility (per relevant individual).28 CFR 68.52(c)(6) .. Min 823, 

Max 1,644 

Min 874, 

Max 1,746 

Min 942, 

Max 1,881 

Min 973, 

Max 1,942 

8 U.S.C. 1324a(g)(2) ........ IRCA; Violation/prohibition of indemnity 

bonds (per violation).

28 CFR 68.52(c)(7) .. 2,360 2,507 2,701 2,789 

8 U.S.C. 

1324b(g)(2)(B)(iv)(I).

IRCA; Unfair immigration-related employment practices, first order (per individual 

discriminated against).

28 CFR 

68.52(d)(1)(viii).

Min 487, 

Max 3,901 

Min 517, 

Max 4,144 

Min 557, 

Max 4,465 

Min 575, 

Max 4,610 

8 U.S.C. 

1324b(g)(2)(B)(iv)(II).

IRCA; Unfair immigration-related employment practices, second order (per individual discriminated against).28 CFR 

68.52(d)(1)(ix).

Min 3,901, 

Max 9,753 

Min 4,144, 

Max 10,360 

Min 4,465, 

Max 11,162 

Min 4,610, 

Max 11,524 

8 U.S.C. 

1324b(g)(2)(B)(iv)(III).

IRCA; Unfair immigration-related employment practices, subsequent order (per 

individual discriminated against).

28 CFR 

68.52(d)(1)(x).

Min 5,851, 

Max 19,505 

Min 6,215, 

Max 20,719 

Min 6,696, 

Max 22,324 

Min 6,913, 

Max 23,048 

8 U.S.C. 

1324b(g)(2)(B)(iv)(I V).

IRCA; Unfair immigration-related employment practices, unfair documentary practices (per individual discriminated 

against).

28 CFR 

68.52(d)(1)(xii).

Min 195, 

Max 1,951 

Min 207, 

Max 2,072 

Min 223, 

Max 2,232 

Min 230, 

Max 2,304 

8 U.S.C. 1324c(d)(3)(A) ... IRCA; Document fraud, first order—for violations described in U.S.C. 1324c(a)(1)– 

(4) (per document).

28 CFR 68.52(e)(1)(i) Min 487, 

Max 3,901 

Min 517, 

Max 4,144 

Min 557, 

Max 4,465 

Min 575, 

Max 4,610 

8 U.S.C. 1324c(d)(3)(B) ... IRCA; Document fraud, subsequent 

order—for violations described in U.S.C. 

1324c(a)(1)–(4) (per document).

28 CFR 

68.52(e)(1)(iii).

Min 3,901, 

Max 9,753 

Min 4,144, 

Max 10,360 

Min 4,465, 

Max 11,162 

Min 4,610, 

Max 11,524 

8 U.S.C. 1324c(d)(3)(A) ... IRCA; Document fraud, first order—for violations described in U.S.C. 1324c(a)(5)– 

(6) (per document).

28 CFR 

68.52(e)(1)(ii).

Min 412, 

Max 3,289 

Min 438, 

Max 3,494 

Min 472, 

Max 3,765 

Min 487, 

Max 3,887 

8 U.S.C. 1324c(d)(3)(B) ... IRCA; Document fraud, subsequent 

order—for violations described in U.S.C. 

1324c(a)(5)–(6) (per document).

28 CFR 

68.52(e)(1)(iv).

Min 3,289, 

Max 8,224 

Min 3,494, 

Max 8,736 

Min 3,765, 

Max 9,413 

Min 3,887, 

Max 9,718 

FBI 

49 U.S.C. 30505(a) .......... National Motor Vehicle Title Identification 

System; Violation (per violation).

................................... 1,742 1,850 1,993 2,058 

Office of Justice Programs 

34 U.S.C. 10231(d) .......... Confidentiality of information; State and 

Local Criminal History Record Information Systems—Right to Privacy Violation.

28 CFR 20.25 ........... 30,107 31,980 34,457 35,574 

1The figures set forth in this column represent the penalty as last adjusted by Department of Justice regulation on January 30, 2023. 2All figures set forth in this table are maximum penalties, unless otherwise indicated. 

3Section 3729(a)(1) of Title 31 provides that any person who violates this section is liable to the United States Government for a civil penalty of not less than 

$5,000 and not more than $10,000, as adjusted by the Federal Civil Penalties Inflation Adjustment Act of 1990, plus 3 times the amount of damages which the Government sustains because of the act of that person. 31 U.S.C. 3729(a)(1) (2015). Section 3729(a)(2) permits the court to reduce the damages under certain circumstances to not less than 2 times the amount of damages which the Government sustains because of the act of that person. Id. section 3729(a)(2). The adjustment made by this regulation is only applicable to the specific statutory penalty amounts stated in subsection (a)(1), which is only one component of the civil penalty 

imposed under section 3729(a)(1). 4Section 8706(a)(1) of Title 41 provides that the Federal Government in a civil action may recover from a person that knowingly engages in conduct prohibited by 

section 8702 of Title 44 a civil penalty equal to twice the amount of each kickback involved in the violation and not more than $10,000 for each occurrence of prohibited conduct. 41 U.S.C. 8706(a)(1) (2015). The adjustment made by this regulation is only applicable to the specific statutory penalty amount stated in subsection 

(a)(1)(B), which is only one component of the civil penalty imposed under section 8706. 5Section 216(b) of Title 18 provides that the civil penalty should be no more than $50,000 for each violation or the amount of compensation which the person received or offered for the prohibited conduct, whichever amount is greater. 18 U.S.C. 216(b) (2015). Therefore, the adjustment made by this regulation is only applicable to the specific statutory penalty amount stated in subsection (b), which is only one aspect of the possible civil penalty imposed under section 216(b). 6Section 2105(b) of Title 41 provides that the Attorney General may bring a civil action in an appropriate district court of the United States against a person that engages in conduct that violates section 2102, 2103, or 2104 of Title 41. 41 U.S.C. 2105(b) (2015). Section 2105(b) further provides that on proof of that conduct by a 

preponderance of the evidence, an individual is liable to the Federal Government for a civil penalty of not more than $50,000 for each violation plus twice the amount 

of compensation that the individual received or offered for the prohibited conduct, and an organization is liable to the Federal Government for a civil penalty of not 

more than $500,000 for each violation plus twice the amount of compensation that the organization received or offered for the prohibited conduct. Id. section 2105(b). 

The adjustments made by this regulation are only applicable to the specific statutory penalty amounts stated in subsections (b)(1) and (b)(2), which are each only one 

component of the civil penalties imposed under sections 2105(b)(1) and (b)(2). 


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Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations 9769 

7The Attorney General has authority to bring a civil action when a person has violated or is about to violate a provision under this statute. 42 U.S.C. 5157(b) 

(2015). The Federal Emergency Management Agency has promulgated regulations regarding this statute and has adjusted the penalty in its regulation. 44 CFR 

206.14(d) (2015). The Department of Health and Human Services (HHS) has also promulgated a regulation regarding the penalty under this statute. 42 CFR 38.8 

(2015). 8Section 1956(b)(1) of Title 18 provides that whoever conducts or attempts to conduct a transaction described in subsection (a)(1) or (a)(3), or section 1957, or a 

transportation, transmission, or transfer described in subsection (a)(2), is liable to the United States for a civil penalty of not more than the greater of the value of the 

property, funds, or monetary instruments involved in the transaction; or $10,000. 18 U.S.C. 1956(b)(1) (2015). The adjustment made by this regulation is only applicable to the specific statutory penalty amount stated in subsection (b)(1)(B), which is only one aspect of the possible civil penalty imposed under section 1956(b). 9The SUPPORT for Patients and Communities Act, Public Law 115–221 was enacted Oct. 24, 2018. 

10Section 842(c)(2)(C) of Title 21 provides that in addition to the penalties set forth elsewhere in the subchapter or subchapter II of the chapter, any business that 

violates paragraph (11) of subsection (a) of the section shall, with respect to the first such violation, be subject to a civil penalty of not more than $250,000, but shall 

not be subject to criminal penalties under the section, and shall, for any succeeding violation, be subject to a civil fine of not more than $250,000 or double the last 

previously imposed penalty, whichever is greater. 21 U.S.C. 842(c)(2)(C) (2015). The adjustment made by this regulation regarding the penalty for a succeeding violation is only applicable to the specific statutory penalty amount stated in subsection (c)(2)(C), which is only one aspect of the possible civil penalty for a succeeding 

violation imposed under section 842(c)(2)(C). 11Section 856(d)(1) of Title 21 provides that any person who violates subsection (a) of the section shall be subject to a civil penalty of not more than the greater of 

$250,000; or 2 times the gross receipts, either known or estimated, that were derived from each violation that is attributable to the person. 21 U.S.C. 856(d)(1) (2015). 

The adjustment made by this regulation is only applicable to the specific statutory penalty amount stated in subsection (d)(1)(A), which is only one aspect of the possible civil penalty imposed under section 856(d)(1). 12The date of assessment for purposes of calculating the minimum and maximum civil money penalties for violations of 8 U.S.C. 1324a under 28 CFR 85.5 is the 

date of the OCAHO final order, rather than the date of service of the Notice of Intent to Fine. United States v. Edgemont Group, LLC, 17 OCAHO no. 1470e (2023). 

Dated: February 5, 2024. 

Susan M. Davies, 

Acting Assistant Attorney General, Office of 

Legal Policy. 

[FR Doc. 2024–02829 Filed 2–9–24; 8:45 am] 

BILLING CODE 4410–BB–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0130] 

RIN 1625–AA00 

Safety Zone; Fireworks Scattering; San 

Francisco Bay, San Francisco, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the San 

Francisco Bay, off Treasure Island, CA 

in support of a fireworks display on 

February 10, 2024. The safety zone is 

necessary to protect persons, vessels, 

and the marine environment from 

potential hazards caused by 

pyrotechnics. Unauthorized persons or 

vessels are prohibited from entering, 

transiting through, or remaining in the 

safety zone without the permission of 

the Captain of the Port San Francisco or 

a designated representative. 

DATES: This rule is effective from 10:30 

a.m. until 11:35 a.m. on February 10, 

2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0130 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email Lieutenant William K. Harris, 

U.S. Coast Guard Sector San Francisco, 

Waterways management Division, at 

telephone (415) 399–7443, or email 

SFWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule under authority in 5 

U.S.C. 553(b)(B). This statutory 

provision authorizes an agency to issue 

a rule without prior notice and 

opportunity to comment when the 

agency for good cause finds that those 

procedures are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ The Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable. The Coast Guard did not 

receive final details for this event until 

January 30, 2024. It is impracticable to 

go through the full notice and comment 

rulemaking process because the Coast 

Guard must establish this safety zone by 

February 10, 2024, and lacks sufficient 

time to provide a reasonable comment 

period and to consider those comments 

before issuing the rule. 

Also, under 5 U.S.C. 553(d)(3), the 

Coast Guard finds that good cause exists 

for making this rule effective less than 

30 days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be contrary to public 

interest because action is necessary to 

protect personnel, vessels, and the 

marine environment from the potential 

safety hazards associated with the 

fireworks display off Treasure Island, 

CA on February 10, 2024. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority 46 U.S.C. 70034. The 

Captain of the Port (COTP) San 

Francisco has determined that potential 

hazards associated with the scheduled 

Fireworks Scattering display on 

February 10, 2024, will be a safety 

concern for anyone within a 400-foot 

radius of the fireworks display starting 

30 minutes before the fireworks display 

is scheduled to commence and ending 

30 minutes after the conclusion of the 

fireworks display. For this reason, this 

temporary safety zone is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters during the fireworks display. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 10:30 a.m. until 11:35 

a.m. on February 10, 2024, from 30 

minutes prior to the start of the 

fireworks display, and until 30 minutes 

after the completion of the fireworks 

display. At 10:30 a.m., which is 30 

minutes prior to the commencement of 

the 5-minute fireworks display, the 

safety zone will encompass the 

navigable waters around the fireworks 

vessel, from surface to bottom, within a 

circle formed by connecting all points 

400-feet out from the coordinates at 

approximately 37°50′17.9′′ N, 

122°21′16.5′′ W (NAD 83). The safety 

zone will terminate at 11:35 a.m. on 

February 10, 2024, or as announced via 

Marine Information Broadcast. 

This regulation is necessary to keep 

persons and vessels away from the 

immediate vicinity of the fireworks 

scattering site. Except for persons or 

vessels authorized by the COTP or the 

COTP’s designated representative, no 

person or vessel may enter or remain in 

a restricted area. A ‘‘designated 

representative’’ means a Coast Guard 

Patrol Commander, including a Coast 

Guard coxswain, petty officer, or other 

officer operating a Coast Guard vessel, 

or a Federal, State, or local officer 


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