Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2024-01-11.xml --- 89 8 Thursday, January 11, 2024 Contents Agency Agency for International Development NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Workforce Commuter Survey, 1875 2024-00475 Agriculture Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1875-1876 2024-00444 Consumer Financial Protection Bureau of Consumer Financial Protection RULES Civil Monetary Penalty Inflation Adjustment, 1787-1789 2024-00456 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 1920 2024-00474 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Survey on where Parents Look for and Find Information and How They Use Information when Selecting Child Care, 1920-1921 2024-00395 Civil Rights Civil Rights Commission NOTICES Hearings, Meetings, Proceedings, etc.: Georgia Advisory Committee, 1876 2024-00424 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Defense Department Defense Department NOTICES Privacy Act;

Matching Program, 1910-1911 2024-00589 Education Department Education Department PROPOSED RULES General Administrative Regulations and Related Regulatory Provisions, 1982-2031 2023-27682 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Office of State Support Progress Check Quarterly Protocol, 1911-1912 2024-00438 Employment and Training Employment and Training Administration RULES Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2024, 1810-1822 2024-00253 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Significant New Uses:

Per- and Poly-fluoroalkyl Chemical Substances Designated as Inactive on the Toxic Substances Control Act Inventory, 1822-1831 2024-00412 NOTICES Hearings, Meetings, Proceedings, etc.: National Drinking Water Advisory Council, 1915 2024-00413 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Bedford, PA, 1789-1790 2024-00193 Hutchinson, MN, 1792-1793 2024-00195 Jackson, OH, 1800-1801 2024-00197 Minden-Tahoe Airport, Minden, NV; Correction, 1793 2024-00352 Natchez, MS, 1799-1800 2024-00399 Ozark, AL and Columbus, GA;

Correction, 1800 2023-28314 Vicinity of Acequia, ID, 1790-1792 2024-00070 Vicinity of Beaumont, TX, 1795-1797 2024-00150 Vicinity of Bowling Green, MO, 1797-1798 2024-00072 Vicinity of Burley, ID, 1801-1803 2024-00071 Vicinity of Paynesville, CA, 1793-1795 2024-00069 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, 1803-1806 2024-00098 2024-00099 PROPOSED RULES Airspace Designations and Reporting Points: Northcentral United States, 1851-1854 2024-00152 Southern Utah, 1854-1856 2024-00085 Airworthiness Directives:

CFM International, S.A. Engines, 1847-1849 2024-00377 MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.) Airplanes, 1849-1851 2024-00343 Federal Communications Federal Communications Commission RULES Connect America Fund, 1833-1834 2024-00417 Promoting Telehealth in Rural America, 1834-1846 2024-00415 PROPOSED RULES Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, 1859-1874 2023-28763 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 1915-1917 2024-00376 2024-00379 Federal Deposit Federal Deposit Insurance Corporation NOTICES Civil Monetary Penalty Inflation Adjustment, 1917-1919 2024-00409 Federal Emergency Federal Emergency Management Agency NOTICES Flood Hazard Determinations, 1931-1936 2024-00477 2024-00478 2024-00479 Federal Energy Federal Energy Regulatory Commission RULES Civil Monetary Penalty Inflation Adjustment, 1806-1808 2024-00425 NOTICES Authorization for Continued Project Operation:

Georgia Power Co., 1912-1913 2024-00420 Combined Filings, 1913-1914 2024-00418 2024-00419 Complaint: Husky US Marketing LLC and Phillips 66 Co. v. TransCanada Keystone Pipeline, LP, 1912 2024-00426 Environmental Assessments; Availability, etc.: Ketchikan Public Utilities, 1914-1915 2024-00421 Environmental Review: Port Arthur LNG, LLC, PALNG Common Facilities Co., LLC, Port Arthur Liquified Natural Gas Amendment, 1913-1914 2024-00427 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 1919-1920 2024-00480 Federal Trade Federal Trade Commission PROPOSED RULES Children's Online Privacy Protection, 2034-2076 2023-28569 Food and Drug Food and Drug Administration PROPOSED RULES Food Additive Petition:

Environmental Defense Fund, et al.; Remove the Solvents Benzene, Ethylene Dichloride, Methylene Chloride, and Trichloroethylene, 1857-1858 2024-00411 Environmental Defense Fund, et al.; Remove the Solvents Ethylene Dichloride, Methylene Chloride, and Trichloroethylene, 1856-1857 2024-00410 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Electronic Records; Electronic Signatures, 1921-1922 2024-00406 Guidance: Q5A(R2) Viral Safety Evaluation of Biotechnology Products Derived from Cell Lines of Human or Animal Origin, 1925-1927 2024-00407 Requests for Reconsideration at the Division Level Under the Generic Drug User Fee Amendments, 1923-1924 2024-00403 Issuance of Priority Review Voucher:

Rare Pediatric Disease Product, 1924-1925 2024-00400 2024-00401 General Services General Services Administration RULES Civil Monetary Penalty Inflation Adjustment, 1832-1833 2024-00446 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health RULES Safeguarding the Rights of Conscience as Protected by Federal Statutes, 2078-2109 2024-00091 Homeland Homeland Security Department See Federal Emergency Management Agency See U.S.

Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Competitive Discretionary Funding Opportunity Announcements, 1936-1938 2024-00430 Industry Industry and Security Bureau NOTICES Hearings, Meetings, Proceedings, etc.: Sensors and Instrumentation Technical Advisory Committee, 1876 2024-00422 Interior Interior Department See National Park Service Internal Revenue Internal Revenue Service PROPOSED RULES Hearings, Meetings, Proceedings, etc.:

Section 30D Excluded Entities; Transfer of Clean Vehicle Credits Under Section 25E and Section 30D; Section 30D New Clean Vehicle Credit, 1858-1859 2024-00375 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Carbon and Alloy Steel Cut-to-Length Plate from the Federal Republic of Germany, 1882-1883 2024-00398 Certain Frozen Warmwater Shrimp from the People's Republic of China, India, Thailand, and the Socialist Republic of Vietnam;

Correction, 1883-1884 2024-00396 Certain Welded Carbon Steel Pipes and Tubes from India, Thailand et al.; Certain Circular Welded Non-Alloy Steel Pipe from Brazil, Mexico et al.; etc., 1877-1880 2024-00397 Export Trade Certificate of Review, 1880-1882 2024-00367 International Trade Com International Trade Commission NOTICES Meetings; Sunshine Act, 1944 2024-00544 Labor Department Labor Department See Employment and Training Administration See Labor Statistics Bureau See Mine Safety and Health Administration See Occupational Safety and Health Administration See Wage and Hour Division See Workers Compensation Programs Office RULES Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2024, 1810-1822 2024-00253 Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 1944-1945 2024-00374 Maritime Maritime Administration NOTICES Coastwise-Qualified Launch Barges, 1975-1976 2024-00443 Mine Mine Safety and Health Administration RULES Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2024, 1810-1822 2024-00253 National Endowment for the Arts National Endowment for the Arts NOTICES Hearings, Meetings, Proceedings, etc.: Arts Advisory Panel, 1945-1946 2024-00429 National Endowment for the Humanities National Endowment for the Humanities NOTICES Civil Monetary Penalty Inflation Adjustment, 1946 2024-00405 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts See National Endowment for the Humanities National Highway National Highway Traffic Safety Administration NOTICES Petition for Decision of Inconsequential Noncompliance:

Ford Motor Co., 1976-1979 2024-00392 National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings, etc.: Center for Scientific Review, 1929 2024-00372 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 1928-1929 2024-00369 2024-00441 2024-00442 National Heart, Lung, and Blood Institute, 1927-1928 2024-00440 National Institute of Neurological Disorders and Stroke, 1928 2024-00370 National Oceanic National Oceanic and Atmospheric Administration NOTICES Environmental Impact Statements;

Availability, etc.: Endangered and Threatened Species; Take of Anadromous Fish; Withdrawal, 1910 2024-00473 Hearings, Meetings, Proceedings, etc.: New England Fishery Management Council, 1909-1910 2024-00471 Permits; Applications, Issuances, etc.: Marine Mammals; File No. 27099, 1908-1909 2024-00450 Taking or Importing of Marine Mammals: Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, 1905-1908 2024-00368 Sitka Seaplane Base Construction, 1884-1905 2024-00390 National Park National Park Service NOTICES Inventory Completion:

Denver Museum of Nature and Science, Denver, CO, 1943-1944 2024-00434 Indiana University, Bloomington, IN, 1940 2024-00436 University of California, Riverside, Riverside, CA, 1941-1943 2024-00432 2024-00433 University of Minnesota Twin Cities, Minneapolis MN; Minnesota Indian Affairs Council, St. Paul/Bemidji, MN; et al., 1939-1940 2024-00431 Repatriation of Cultural Items: Indiana University, Bloomington, IN, 1938-1939 2024-00435 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Licenses and Radiation Safety Requirements for Irradiators, 1946-1948 2024-00463 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2024, 1810-1822 2024-00253 Peace Peace Corps NOTICES Privacy Act; Systems of Records, 1948-1950 2024-00371 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 1950-1951 2024-00423 Postal Service Postal Service NOTICES Product Change:

Priority Mail and USPS Ground Advantage Negotiated Service Agreement, 1951-1952 2024-00380 2024-00381 Priority Mail Express, Priority Mail, and USPS Ground Advantage Negotiated Service Agreement, 1951 2024-00387 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1964 2024-00402 Application: Octagon XAI CLO Income Fund and XA Investments LLC, 1964 2024-00472 Civil Monetary Penalty Inflation Adjustment, 1970-1972 2024-00378 Self-Regulatory Organizations;

Proposed Rule Changes: Cboe EDGX Exchange, Inc., 1966-1970 2024-00385 LCH SA, 1952-1963 2024-00383 New York Stock Exchange LLC, 1965-1966 2024-00386 NYSE Arca, Inc., 1972-1973 2024-00384 Social Social Security Administration NOTICES Civil Monetary Penalty Inflation Adjustment, 1973 2024-00408 Finding Regarding Foreign Social Insurance or Pension System of Cambodia, 1973-1975 2024-00404 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition:

Hidden Faces: Covered Portraits of the Renaissance, 1975 2024-00388 Transportation Department Transportation Department See Federal Aviation Administration See Maritime Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Internal Revenue Service RULES Import Restrictions: Certain Archaeological Material from China, 1808-1810 2024-00394 Customs U.S. Customs and Border Protection RULES Import Restrictions: Certain Archaeological Material from China, 1808-1810 2024-00394 NOTICES Quarterly Interest Rates Used in Calculating Interest on Overdue Accounts and Refunds of Customs Duties, 1929-1931 2024-00389 Wage Wage and Hour Division RULES Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2024, 1810-1822 2024-00253 Workers' Workers Compensation Programs Office RULES Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2024, 1810-1822 2024-00253 Separate Parts In This Issue Part II Education Department, 1982-2031 2023-27682 Part III Federal Trade Commission, 2034-2076 2023-28569 Part IV Health and Human Services Department, 2078-2109 2024-00091 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 89 8 Thursday, January 11, 2024 Rules and Regulations CONSUMER FINANCIAL PROTECTION BUREAU 12 CFR Part 1083 Civil Penalty Inflation Adjustments AGENCY: Consumer Financial Protection Bureau. ACTION: Final rule. SUMMARY: The Consumer Financial Protection Bureau

(CFPB)is adjusting for inflation the maximum amount of each civil penalty within the CFPB's jurisdiction. These adjustments are required by the Federal Civil Penalties Inflation Adjustment Act of 1990 (Inflation Adjustment Act), as amended by the Debt Collection Improvement Act of 1996 and further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The inflation adjustments mandated by the Inflation Adjustment Act serve to maintain the deterrent effect of civil penalties and to promote compliance with the law. DATES: This final rule is effective January 15, 2024. FOR FURTHER INFORMATION CONTACT: Anna Boadwee and Adrien Fernandez, Attorney-Advisors, Office of Regulations, at

(202)435-7700. If you require this document in an alternative electronic format, please contact *CFPB_Accessibility@cfpb.gov.* SUPPLEMENTARY INFORMATION: I. Background The Inflation Adjustment Act, 1 as amended by the Debt Collection Improvement Act of 1996 2 and further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, 3 directs Federal agencies to adjust the civil penalty amounts within their jurisdictions for inflation not later than July 1, 2016, and then not later than January 15 every year thereafter. 4 Each agency was required to make the 2016 one-time catch-up adjustments through an interim final rule published in the **Federal Register** . On June 14, 2016, the CFPB published its interim final rule

(IFR)to make the initial catch-up adjustments to civil penalties within the CFPB's jurisdiction. 5 The June 2016 IFR created a new part 1083 and in § 1083.1 established the inflation-adjusted maximum amounts for each civil penalty within the CFPB's jurisdiction. 6 The CFPB finalized the IFR on January 31, 2019. 7 1 Public Law 101-410, 104 Stat. 890. 2 Public Law 104-134, sec. 31001(s)(1), 110 Stat. 1321, 1321-373. 3 Public Law 114-74, sec. 701, 129 Stat. 584, 599. 4 Section 1301(a) of the Federal Reports Elimination Act of 1998, Public Law 105-362, 112 Stat. 3293, also amended the Inflation Adjustment Act by striking section 6, which contained annual reporting requirements, and redesignating section 7 as section 6, but did not alter the civil penalty adjustment requirements; 28 U.S.C. 2461 note. 5 81 FR 38569 (June 14, 2016). Although the CFPB was not obligated to solicit comment for the interim final rule, the CFPB invited public comment and received none. 6 *See* 12 CFR 1083.1. 7 84 FR 517 (Jan. 31, 2019). The Inflation Adjustment Act also requires subsequent adjustments to be made annually, not later than January 15, and notwithstanding section 553 of the Administrative Procedure Act (APA). 8 The CFPB annually adjusted its civil penalty amounts, as required by the Act. 9 8 Inflation Adjustment Act section 4, codified at 28 U.S.C. 2461 note. As discussed in guidance issued by the Director of the Office of Management and Budget (OMB), the APA generally requires notice, an opportunity for comment, and a delay in effective date for certain rulemakings, but the Inflation Adjustment Act provides that these procedures are not required for agencies to issue regulations implementing the annual adjustment. *See* Memorandum for the Heads of Exec. Dep'ts & Agencies from Shalanda D. Young, Director, Implementation of Penalty Inflation Adjustments for 2023, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Off. of Mgmt. & Budget (Dec. 19, 2023), *available at https://www.whitehouse.gov/wp-content/uploads/2023/12/M-24-07-Implementation-of-Penalty-Inflation-Adjustments-for-2024.pdf.* 9 *See* 82 FR 3601 (Jan. 12, 2017); 83 FR 1525 (Jan. 12, 2018); 84 FR 517 (Jan. 31, 2019); 85 FR 2012 (Jan. 14, 2020); 86 FR 3767 (Jan. 15, 2021); 87 FR 2314 (Jan. 14, 2022); 88 FR 1 (Jan. 3, 2023). Specifically, the Inflation Adjustment Act directs Federal agencies to adjust annually each civil penalty provided by law within the jurisdiction of each agency by the “cost-of-living adjustment.” 10 The “cost-of-living adjustment” is defined as the percentage (if any) by which the Consumer Price Index for All Urban Consumers (CPI-U) for the month of October preceding the date of the adjustment, exceeds the CPI-U for October of the prior year. 11 The Director of the Office of Management and Budget

(OMB)is required to issue guidance (OMB Guidance) every year by December 15 to agencies on implementing the annual civil penalty inflation adjustments. Pursuant to the Inflation Adjustment Act and OMB Guidance, agencies must apply the multiplier reflecting the “cost-of-living adjustment” to the current penalty amount and then round that amount to the nearest dollar to determine the annual adjustments. 12 The adjustments are designed to keep pace with inflation so that civil penalties retain their deterrent effect and promote compliance with the law. 13 10 Inflation Adjustment Act sections 4 and 5, codified at 28 U.S.C. 2461 note. 11 Inflation Adjustment Act sections 3 and 5, codified at 28 U.S.C. 2461 note. 12 Inflation Adjustment Act section 5, codified at 28 U.S.C. 2461 note; *see also* Memorandum for the Heads of Exec. Dep'ts & Agencies from Shalanda D. Young, Director, Implementation of Penalty Inflation Adjustments for 2023, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Off. of Mgmt. & Budget (Dec. 19, 2023), *available at https://www.whitehouse.gov/wp-content/uploads/2023/12/M-24-07-Implementation-of-Penalty-Inflation-Adjustments-for-2024.pdf.* 13 *See* Inflation Adjustment Act section 2, codified at 28 U.S.C. 2461 note. For the 2024 annual adjustment, the multiplier reflecting the “cost-of-living adjustment” is 1.03241. II. Adjustment Pursuant to the Inflation Adjustment Act and OMB Guidance, the CFPB multiplied each of its civil penalty amounts by the “cost-of-living adjustment” multiplier and rounded to the nearest dollar. 14 The new penalty amounts that apply to civil penalties assessed after January 15, 2024 are as follows: 14 Inflation Adjustment Act section 4, codified at 28 U.S.C. 2461 note. Law Penalty description Penalty amounts established under 2023 final rule OMB “cost-of-living adjustment” multiplier New penalty amount 15 Consumer Financial Protection Act, 12 U.S.C. 5565(c)(2)(A) Tier 1 penalty $6,813 1.03241 $7,034 Consumer Financial Protection Act, 12 U.S.C. 5565(c)(2)(B) Tier 2 penalty 34,065 1.03241 35,169 Consumer Financial Protection Act, 12 U.S.C. 5565(c)(2)(C) Tier 3 penalty 1,362,567 1.03241 1,406,728 Interstate Land Sales Full Disclosure Act, 15 U.S.C. 1717a(a)(2) Per violation 2,374 1.03241 2,451 Interstate Land Sales Full Disclosure Act, 15 U.S.C. 1717a(a)(2) Annual cap 2,372,677 1.03241 2,449,575 Real Estate Settlement Procedures Act, 12 U.S.C. 2609(d)(1) Per failure 111 1.03241 115 Real Estate Settlement Procedures Act, 12 U.S.C. 2609(d)(1) Annual cap 223,229 1.03241 230,464 Real Estate Settlement Procedures Act, 12 U.S.C. 2609(d)(2)(A) Per failure, where intentional 223 1.03241 230 SAFE Act, 12 U.S.C. 5113(d)(2) Per violation 34,401 1.03241 35,516 Truth in Lending Act, 15 U.S.C. 1639e(k)(1) First violation 13,627 1.03241 14,069 Truth in Lending Act, 15 U.S.C. 1639e(k)(2) Subsequent violations 27,252 1.03241 28,135 III. Procedural Requirements A. Administrative Procedure Act Under the APA, notice and opportunity for public comment are not required if the CFPB finds that notice and public comment are impracticable, unnecessary, or contrary to the public interest. 16 The adjustments to the civil penalty amounts are technical and non-discretionary, and they merely apply the statutory method for adjusting civil penalty amounts. These adjustments are required by the Inflation Adjustment Act. Moreover, the Inflation Adjustment Act directs agencies to adjust civil penalties annually notwithstanding section 553 of the APA, 17 and OMB Guidance reaffirms that agencies need not complete a notice-and-comment process before making the annual adjustments for inflation. 18 For these reasons, the CFPB has determined that publishing a notice of proposed rulemaking and providing opportunity for public comment are unnecessary. The amendments therefore are adopted in final form. 15 Numbers may not multiply to totals shown because of rounding. 16 5 U.S.C. 553(b)(B). 17 Inflation Adjustment Act section 4, codified at 28 U.S.C. 2461 note. 18 Memorandum for the Heads of Exec. Dep'ts & Agencies from Shalanda D. Young, Director, Implementation of Penalty Inflation Adjustments for 2023, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Off. of Mgmt. & Budget (Dec. 19, 2023), *available at https://www.whitehouse.gov/wp-content/uploads/2023/12/M-24-07-Implementation-of-Penalty-Inflation-Adjustments-for-2024.pdf.* Section 553(d) of the APA generally requires publication of a final rule not less than 30 days before its effective date, except

(1)a substantive rule which grants or recognizes an exemption or relieves a restriction;

(2)interpretive rules and statements of policy; or

(3)as otherwise provided by the agency for good cause found and published with the rule. 19 At minimum, the CFPB believes the annual adjustments to the civil penalty amounts in § 1083.1(a) fall under the third exception to section 553(d). The CFPB finds that there is good cause to make the amendments effective on January 15, 2024. The amendments to § 1083.1(a) in this final rule are technical and non-discretionary, and they merely apply the statutory method for adjusting civil penalty amounts and follow the statutory directive to make annual adjustments each year. Moreover, the Inflation Adjustment Act directs agencies to adjust the civil penalties annually notwithstanding section 553 of the APA, 20 and OMB Guidance reaffirms that agencies need not provide a delay in effective date for the annual adjustments for inflation. 21 19 5 U.S.C. 553(d). 20 Inflation Adjustment Act section 4, codified at 28 U.S.C. 2461 note. 21 Memorandum for the Heads of Exec. Dep'ts & Agencies from Shalanda D. Young, Director, Implementation of Penalty Inflation Adjustments for 2023, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Off. of Mgmt. & Budget (Dec. 19, 2023), *available at https://www.whitehouse.gov/wp-content/uploads/2023/12/M-24-07-Implementation-of-Penalty-Inflation-Adjustments-for-2024.pdf.* B. Regulatory Flexibility Act The Regulatory Flexibility Act

(RFA)does not apply to a rulemaking where a general notice of proposed rulemaking is not required. 22 As noted previously, the CFPB has determined that it is unnecessary to publish a general notice of proposed rulemaking for this final rule. Accordingly, the RFA's requirements relating to an initial and final regulatory flexibility analysis do not apply. 22 5 U.S.C. 603(a), 604(a). C. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995, 23 the CFPB reviewed this final rule. The CFPB has determined that this rule does not create any new information collections or substantially revise any existing collections. 23 44 U.S.C. 3506; 5 CFR part 1320. D. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 *et seq.* ), the CFPB will submit a report containing this rule and other required information to the United States Senate, the United States House of Representatives, and the Comptroller General of the United States prior to the rule taking effect. The Office of Information and Regulatory Affairs

(OIRA)has designated this rule as not a “major rule” as defined by 5 U.S.C. 804(2). List of Subjects in 12 CFR Part 1083 Administrative practice and procedure, Consumer protection, Penalties. Authority and Issuance For the reasons set forth in the preamble, the CFPB amends 12 CFR part 1083 as set forth below: PART 1083—CIVIL PENALTY ADJUSTMENTS 1. The authority citation for part 1083 continues to read as follows: Authority: 12 U.S.C. 2609(d); 12 U.S.C. 5113(d)(2); 12 U.S.C. 5565(c); 15 U.S.C. 1639e(k); 15 U.S.C. 1717a(a); 28 U.S.C. 2461 note. 2. Section 1083.1 is revised to read as follows: § 1083.1 Adjustment of civil penalty amounts.

(a)The maximum amount of each civil penalty within the jurisdiction of the Consumer Financial Protection Bureau to impose is adjusted in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 and further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (28 U.S.C. 2461 note), as follows: Table 1 to Paragraph

(a)Law Penalty description Adjusted maximum civil penalty amount 12 U.S.C. 5565(c)(2)(A) Tier 1 penalty $7,034 12 U.S.C. 5565(c)(2)(B) Tier 2 penalty 35,169 12 U.S.C. 5565(c)(2)(C) Tier 3 penalty 1,406,728 15 U.S.C. 1717a(a)(2) Per violation 2,451 15 U.S.C. 1717a(a)(2) Annual cap 2,449,575 12 U.S.C. 2609(d)(1) Per failure 115 12 U.S.C. 2609(d)(1) Annual cap 230,464 12 U.S.C. 2609(d)(2)(A) Per failure, where intentional 230 12 U.S.C. 5113(d)(2) Per violation 35,516 15 U.S.C. 1639e(k)(1) First violation 14,069 15 U.S.C. 1639e(k)(2) Subsequent violations 28,135

(b)The adjustments in paragraph

(a)of this section shall apply to civil penalties assessed after January 15, 2024, whose associated violations occurred on or after November 2, 2015. Brian Shearer, Senior Advisor, Consumer Financial Protection Bureau. [FR Doc. 2024-00456 Filed 1-10-24; 8:45 am]

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