Calculation of 2024 Adjustments Sample Clauses

Calculation of 2024 Adjustments. In accordance with the 2015 Act and OMB Memorandum M–24–07, the BLM has identified applicable civil monetary penalties in its regulations and calculated the annual adjustments. A civil monetary penalty is any assessment with a dollar amount that is levied for a violation of a Federal civil statute or regulation and is assessed or enforceable through a civil action in Federal court or an administrative proceeding. A civil monetary penalty does not include a penalty levied for violation of a criminal statute, nor does it include fees for services, licenses, permits, or other regulatory review. The calculated annual inflation adjustments are based on the percentage change between the Consumer Price Index for all Urban Consumers (CPI–U) for the October preceding the date of the adjustment and the prior year’s October CPI–U. Consistent with guidance in OMB Memorandum M–24–07, the BLM divided the October 2023 CPI–U by the October 2022 CPI–U to calculate the multiplier. In this case, October 2023 CPI–U (307.671)/October 2022 CPI–U (298.012) = 1.03241. OMB Memorandum M–24–07 confirms that this is the proper multiplier. (OMB Memorandum M–24–07 at 1.) The 2015 Act requires the BLM to adjust the civil penalty amounts in 43 CFR 3163.2 and 9239.5–3(f)(1). To accomplish this, the BLM multiplied the current penalty amounts in those paragraphs by the multiplier set forth in OMB Memorandum M–24–07 (1.03241) to obtain the adjusted penalty amounts. The 2015 Act requires that the resulting amounts be rounded to the nearest $1.00 at the end of the calculation process. The adjusted penalty amounts will take effect immediately upon publication of this rule. Pursuant to the 2015 Act, the adjusted civil penalty amounts apply to civil penalties assessed after the date the increase takes effect, even if the associated violation predates such increase. This final rule adjusts the following civil penalties: CFR citation Description of the penalty Current penalty Adjusted penalty 43 CFR 3163.2(b)(1) ....................... Failure to comply ....................................................................................... $1,291 $1,333 43 CFR 3163.2(b)(2) ....................... If corrective action is not taken ................................................................. 12,924 13,343 43 CFR 3163.2(d) ............................ If transporter fails to permit inspection for documentation ....................... 1,291 1,333 43 CFR 3163.2(e) ............................ Failu...