Unknown. Interim final rule

5,449 words·~25 min read·/register/2016/06/28/2016-15193

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2016-06-28.xml --- 81 124 Tuesday, June 28, 2016 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Patient Safety Organizations: Voluntary Relinquishment From the UM-JMH Center for Patient Safety PSO, 41972-41973 2016-15226 Agricultural Marketing Agricultural Marketing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41928-41929 2016-15199 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service See Grain Inspection, Packers and Stockyards Administration Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement RULES Civil Penalty Inflation Adjustments, 41801-41803 2016-15157 Civil Rights Civil Rights Commission NOTICES Meetings:

South Dakota Advisory Committee, 41930 2016-15233 Coast Guard Coast Guard RULES Safety Zones: 4th of July Firework Celebration; Key West, FL, 41809-41810 2016-15224 Allegheny River Mile 0-0.5, Monongahela River Mile 0-0.5, Ohio River Mile 0-0.5, Pittsburgh, PA, 41815-41817 2016-15239 Security Zones: 2016 Republican National Convention, and Associated Voluntary First Amendment Safety Zones, Lake Erie and Cuyahoga River, Cleveland, OH, 41811-41814 2016-15240 Special Local Regulations and Safety Zones:

Recurring Marine Events and Fireworks Displays Within the Fifth Coast Guard District, 41810-41811 2016-15330 Special Local Regulations: Marine Events held in the Sector Delaware Bay Captain of the Port Zone, 41814-41815 2016-15032 PROPOSED RULES Safety Zones: Fall River Grand Prix, Mt Hope Bay and Taunton River, Fall River, MA, 41902-41905 2016-15331 Commerce Commerce Department See Industry and Security Bureau See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Commission Fine Commission of Fine Arts NOTICES Meetings:

U.S. Commission of Fine Arts, 41963 2016-14992 Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: OAA Title III-E Evaluation, 41975 2016-15309 State Health Insurance Assistance Program Client Contact Form, Public and Media Activity Report Form, and Resource Report Form, 41973 2016-15308 State Health Insurance Assistance Program National Beneficiary Survey, 41974-41975 2016-15307 Federal Reviews:

Oklahoma Disability Law Center, 41973 2016-15313 Defense Department Defense Department RULES Transition Assistance Program for Military Personnel, 41803-41808 2016-15269 PROPOSED RULES Federal Acquisition Regulation: Acquisition Threshold for Special Emergency Procurement Authority; Correction, 41925 2016-15237 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Prohibition on Contracting With Corporations With Delinquent Taxes or a Felony Conviction, 41971-41972 2016-15204 Charter Renewals:

Federal Advisory Committees, 41963-41964 2016-15318 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Form for Maintenance-of-Effort Waiver Requests Under the Elementary and Secondary Education Act, 41964 2016-15315 Employment and Training Employment and Training Administration NOTICES Worker Adjustment Assistance Eligibility; Amended Certifications: Dresser, Inc., Avon, MA; Kelly Services, NEED, OP Amp, Softek, Aerotek, and APN Software Solutions, Avon, MA, 42001-42002 2016-15251 Ericsson Inc., Overland Park, KS, 42001 2016-15254 Noranda Aluminum, Inc., 41996-41997 2016-15250 Worker Adjustment Assistance Eligibility;

Determinations, 41997-42001 2016-15252 Worker Adjustment Assistance Eligibility; Investigations, 42002-42003 2016-15253 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Inflation Adjustments of Civil Monetary Penalties, 41790-41796 2016-15148 NOTICES Authority to Import and Export Natural Gas: Sabine Pass Liquefaction, LLC; BTG Pactual Commodities (US), LLC; Cheniere Marketing, LLC and Corpus Christi Liquefaction, LLC; et al., 41965-41966 2016-15314 Changes in Control:

Pieridae Energy (USA), Ltd. and Pieridae Energy (US), Ltd., 41967-41968 2016-15319 Meetings: Environmental Management Site-Specific Advisory Board, Nevada, 41964-41965 2016-15231 Environmental Management Site-Specific Advisory Board, Paducah, 41966-41967 2016-15232 President's Council of Advisors on Science and Technology, 41968-41969 2016-15235 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Michigan;

Air Plan Approval; Update to Materials Incorporated by Reference, 41818-41838 2016-15141 Missouri; Cross-State Air Pollution Rule, 41838-41845 2016-15048 Effluent Limitations Guidelines and Standards for the Oil and Gas Extraction Point Source Category, 41845-41857 2016-14901 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Alabama; Air Plan Approval; Alabama; Cross-State Air Pollution Rule, 41914-41923 2016-15146 Georgia; Air Plan Approval;

GA Infrastructure Requirements for the 2010 Nitrogen Dioxide National Ambient Air Quality Standard, 41905-41914 2016-15136 Missouri; Cross-State Air Pollution Rule, 41924-41925 2016-15047 Ocean Disposal: Proposed Designation of a Dredged Material Disposal Site in Eastern Region of Long Island Sound; Reopening of Public Comment Period, 41925 2016-15299 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Helicopters, 41796-41798 2016-14972 Establishment of Class E Airspace:

Shelton, WA, 41798-41799 2016-15184 Operation and Certification of Small Unmanned Aircraft Systems, 42064-42214 2016-15079 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 41886-41889, 41892-41894 2016-14968 2016-14969 Bombardier, Inc. Airplanes, 41889-41892, 41897-41899 2016-14965 2016-14971 The Boeing Company Airplanes, 41894-41897 2016-14966 Amendment of Class E Airspace: Tekamah, NE, 41899-41900 2016-15186 Revocation and Amendment of Class E Airspace: Farmington, Ava, Cameron, Chillicothe, Farmington, and Festus, MO, 41900-41902 2016-15185 NOTICES Noise Compatibility Program:

San Antonio International Airport, San Antonio, TX, 42034-42035 2016-15183 Federal Deposit Federal Deposit Insurance Corporation PROPOSED RULES Permissible Activities for Foreign Branches of Insured State Nonmember Banks and Pledge of Assets by Insured Domestic Branches of Foreign Banks: Alternatives to References to Credit Ratings, 41877-41886 2016-15096 Federal Energy Federal Energy Regulatory Commission NOTICES Complaints: La Paloma Generating Co., LLC v. California Independent System Operator Corp., 41970 2016-15195 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Drift Marketplace, Inc., 41971 2016-15281 Ringer Hill Wind, LLC, 41970-41971 2016-15277 Meetings: Competitive Transmission Development; Technical Conference, 41969-41970 2016-15197 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications: Diabetes Mellitus, 42035-42054 2016-15219 2016-15220 2016-15222 2016-15223 Vision, 42054-42057 2016-15221 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 41971 2016-15265 Fiscal Fiscal Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Accountable Official Application Form for U.S. Department of the Treasury Stored Value Card Program, 42058-42059 2016-15212 Application Form for U.S. Department of the Treasury Stored Value Card Program, 42059-42060 2016-15211 Fish Fish and Wildlife Service RULES Civil Penalties: Inflation Adjustments for Civil Monetary Penalties, 41862-41866 2016-15268 PROPOSED RULES Endangered and Threatened Species: Removing Eastern Puma (=Cougar) From the Federal List of Endangered and Threatened Wildlife, 41925-41926 2016-15227 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Joint U.S. Fish and Wildlife Service and National Marine Fisheries Service Habitat Conservation Planning Handbook, 41986-41987 2016-15230 Endangered and Threatened Wildlife and Plants; Recovery Permit Application, 41985-41986 2016-15288 Environmental Impact Statements; Availability, etc.: Rocky Mountain Arsenal National Wildlife Refuge, CO, 41987-41989 2016-15292 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 42060 2016-15205 Forest Forest Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 41929 2016-15198 Final Record of Decision: Lake Tahoe Basin Management Unit Land Management Plan, 41930 2016-15284 General Services General Services Administration PROPOSED RULES Federal Acquisition Regulation: Acquisition Threshold for Special Emergency Procurement Authority; Correction, 41925 2016-15237 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Prohibition on Contracting With Corporations With Delinquent Taxes or a Felony Conviction, 41971-41972 2016-15204 Government Ethics Government Ethics Office RULES Civil Monetary Penalties Inflation Adjustments for Ethics in Government Act Violations, 41787-41790 2016-15193 Grain Inspection Grain Inspection, Packers and Stockyards Administration RULES Suspension of Supervision Fee Assessment Under the United States Grain Standards Act, 41790 2016-15152 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Community Living Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Meetings: 2018 Physical Activity Guidelines Advisory Committee, 41977-41978 2016-15206 Health Resources Health Resources and Services Administration NOTICES Health Center Program, 41975-41976 2016-15208 National Vaccine Injury Compensation Program;

Petitions, 41976-41977 2016-15207 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Multifamily Contractor's or Mortgagor's Cost Breakdowns and Certifications, 41982-41983 2016-15297 Federal Property Suitable as Facilities To Assist the Homeless, 41983-41985 2016-15267 Industry Industry and Security Bureau RULES Temporary General License:

Extension of Validity, 41799-41800 2016-15228 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service See Land Management Bureau See National Park Service RULES Civil Penalties Inflation Adjustments, 41858-41860 2016-15168 Internal Revenue Internal Revenue Service RULES Certain Transfers of Property to Regulated Investment Companies and Real Estate Investment Trusts; Correction, 41800 2016-15264 International Trade Com International Trade Commission NOTICES Receipt of Complaint:

Certain Composite Intermediate Bulk Containers, 41994-41995 2016-15182 Judicial Conference Judicial Conference of the United States NOTICES Hearings: Advisory Committee on the Federal Rules of Bankruptcy Procedure, 41995-41996 2016-15218 Justice Department Justice Department NOTICES Proposed Consent Decrees Under the Clean Air Act, 41996 2016-15203 Proposed Consent Decrees Under the Clean Water Act, 41996 2016-15311 Labor Department Labor Department See Employment and Training Administration See Labor Statistics Bureau Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 42003-42004 2016-15260 Land Land Management Bureau RULES Onshore Oil and Gas Operations: Civil Penalties Inflation Adjustments, 41860-41862 2016-15129 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation: Acquisition Threshold for Special Emergency Procurement Authority; Correction, 41925 2016-15237 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Prohibition on Contracting With Corporations With Delinquent Taxes or a Felony Conviction, 41971-41972 2016-15204 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 42005 2016-15159 Requests for Information: Modernizing Data Collection for Regulatory Oversight of Credit Unions; Extension of Comment Period, 42004 2016-15166 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 41979-41981 2016-15160 2016-15161 2016-15321 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 41979 2016-15164 National Heart, Lung, and Blood Institute, 41980 2016-15162 National Institute of Allergy and Infectious Diseases, 41978-41979 2016-15163 Prospective Grant of Start-Up Exclusive License:

Premarket Approved Diagnostic for Identifying JC Virus, 41979 2016-15165 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States: Small-Mesh Multispecies Specifications, 41866-41868 2016-15202 Fisheries Off West Coast States: Pacific Coast Groundfish Fishery; 2015-2016 Biennial Specifications and Management Measures; Inseason Adjustments, 41868-41876 2016-15155 PROPOSED RULES Endangered and Threatened Species: Critical Habitat for the Endangered Carolina and South Atlantic Distinct Population Segments of Atlantic Sturgeon;

Correction, 41926-41927 2016-15045 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: California-Oregon-Washington Coastal Purse Seine Survey, 41933-41934 2016-15215 Joint U.S. Fish and Wildlife Service and National Marine Fisheries Service Habitat Conservation Planning Handbook, 41986-41987 2016-15230 West Coast Region, Pacific Coast Groundfish Fishery—Trawl Rationalization Cost Recovery Program, 41930-41931 2016-15216 Endangered and Threatened Wildlife and Plants:

Smooth Hammerhead Shark; 12-Month Finding on Petition To List as Threatened or Endangered, 41934-41958 2016-15200 Endangered and Threatened Wildlife: 90-Day Finding on a Petition To List The Maui and Kona Reef Manta Ray Populations as Threatened Distinct Population Segments Under the Endangered Species Act, 41958-41961 2016-15201 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands; Exempted Fishing Permit, 41931-41933 2016-15154 National Park National Park Service NOTICES Inventory Completions:

Georgia State University, Department of Anthropology, Atlanta, GA, 41990-41991 2016-15243 History Colorado, formerly Colorado Historical Society, Denver, CO, 41989-41990 2016-15244 Hubbell Trading Post National Historic Site, Ganado, AZ; Correction, 41991-41992 2016-15270 State Center Community College District, Fresno, CA, 41992-41994 2016-15242 National Telecommunications National Telecommunications and Information Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Community Connectivity Initiative Self-Assessment Tool, 41961-41963 2016-15149 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 42005-42006 2016-15380 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 42006 2016-15187 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42006-42007 2016-15153 Saint Lawrence Saint Lawrence Seaway Development Corporation RULES Civil Penalties, 41817-41818 2016-15118 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: Bats BYX Exchange, Inc., 42013-42016 2016-15172 Bats EDGA Exchange, Inc., 42027-42030 2016-15171 Chicago Board Options Exchange, Inc., 42011-42013, 42018-42022 2016-15179 2016-15180 Chicago Stock Exchange, Inc., 42022-42024 2016-15176 Financial Industry Regulatory Authority, Inc., 42016-42017 2016-15178 ICE Clear Credit, LLC, 42018 2016-15323 Miami International Securities Exchange, LLC, 42032-42033 2016-15170 NASDAQ BX, Inc., 42009-42011 2016-15175 NASDAQ PHLX, LLC, 42008-42009, 42024-42027 2016-15174 2016-15177 NASDAQ Stock Market, LLC, 42030-42032 2016-15173 Trading Suspension Orders:

Breitling Energy Corp., 42022 2016-15377 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Los Angeles to New York, The Dwan Gallery 1959-1971, 42033-42034 2016-15262 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Saint Lawrence Seaway Development Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Public Charters, 42057-42058 2016-15286 Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Baseline Assessment for Security Enhancement Program, 41981 2016-15181 Pipeline Corporate Security Review, 41982 2016-15169 Treasury Treasury Department See Fiscal Service See Foreign Assets Control Office See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Requests for Nominations:

Advisory Committee on Women Veterans, 42060-42061 2016-15241 Separate Parts In This Issue Part II Transportation Department, Federal Aviation Administration, 42064-42214 2016-15079 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 LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 81 124 Tuesday, June 28, 2016 Rules and Regulations OFFICE OF GOVERNMENT ETHICS 5 CFR Parts 2634 and 2636 RINs 3209-AA00 and 3209-AA38 Civil Monetary Penalties Inflation Adjustments for Ethics in Government Act Violations AGENCY:

Office of Government Ethics. ACTION: Interim final rule. SUMMARY: In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the U.S. Office of Government Ethics

(OGE)is issuing this rule to make inflation adjustments for each of the five civil monetary penalties provided in the Ethics in Government Act, as reflected in the executive branchwide financial disclosure and outside employment/activities regulations promulgated by OGE. DATES: This interim final rule is effective August 1, 2016. Written comments are invited and must be received on or before August 1, 2016. ADDRESSES: You may submit comments, in writing, to OGE on this interim final rule, identified by RINs 3209-AA00 and 3209-AA38, by any of the following methods: *Email: usoge@oge.gov* . Include the reference “Civil Monetary Penalties Inflation Adjustments Interim Final Rule” in the subject line of the message. *Fax:*

(202)482-9237. *Mail/Hand Delivery/Courier:* Office of Government Ethics, Suite 500, 1201 New York Avenue NW., Washington, DC 20005-3917, Attention: “Civil Monetary Penalties Inflation Adjustments Interim Final Rule.” *Instructions:* All submissions must include OGE's agency name and the Regulation Identifier Numbers (RINs), 3209-AA00 and 3209-AA38, for this proposed rulemaking. All comments, including attachments and other supporting materials, will become part of the public record and subject to public disclosure. Comments may be posted on OGE's Web site, *www.oge.gov* . Sensitive personal information, such as account numbers or Social Security numbers, should not be included. Comments generally will not be edited to remove any identifying or contact information. FOR FURTHER INFORMATION CONTACT: Kimberly L. Sikora Panza, Assistant Counsel, General Counsel and Legal Policy Division, Office of Government Ethics, Telephone: 202-482-9300; TTY: 800-877-8339; FAX: 202-482-9237. SUPPLEMENTARY INFORMATION: I. Background The Office of Government Ethics

(OGE)is issuing this interim final rule as mandated by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec. 701 of Pub. L. 114-74) (the 2015 Act), which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410) (the Inflation Adjustment Act) to adjust for inflation the civil monetary penalties

(CMPs)provided in the Ethics in Government Act of 1978 as amended, 5 U.S.C. appendix (the Ethics Act). As explained below, all of the Ethics Act CMPs are being raised in accordance with the formula set forth in the 2015 Act. These “catch-up” adjustments will improve the effectiveness of the Ethics Act CMPs and maintain their deterrent effect. In revising the Inflation Adjustment Act, the 2015 Act requires Federal agencies to adjust the level of civil monetary penalties with an initial “catch-up” adjustment through an interim final rule. The 2015 Act also requires agencies to make subsequent annual inflationary adjustments of their CMPs. Under the 2015 Act, the interim final rule with the “catch-up” adjusted penalties must take effect by August 1, 2016. In the case of the Ethics Act CMPs, the effective date of this rulemaking regarding the “catch-up” adjustments is August 1, 2016. OGE emphasizes that the increased civil monetary penalty amounts calculated under the 2015 Act are applicable only to civil penalties assessed after August 1, 2016 whose associated violations occurred after November 2, 2015, the date of enactment of the 2015 Act. Therefore, violations occurring on or before November 2, 2015, and assessments made on or before August 1, 2016 whose associated violations occurred after November 2, 2015, will continue to be subject to the civil monetary penalty amounts currently in effect. The modified OGE regulatory provisions will reflect the original, previously-adjusted and newly-adjusted Ethics Act CMP amounts. OGE will notify departments and agencies by memorandum of this rulemaking action and its effect. Ethics Act CMPs There are five CMPs provided for in the Ethics Act, as amended inter alia by the 1989 Ethics Reform Act and the 2007 Honest Leadership and Open Government Act (HLOGA). Specifically, the law provides for civil penalties that can be assessed by an appropriate United States district court, based upon a civil action brought by the Department of Justice, for the following five types of violations: knowing and willful failure to file, report required information on, or falsification of a public financial disclosure report; knowing and willful breach of a qualified trust by trustees and interested parties; negligent breach of a qualified trust by trustees and interested parties; misuse of a public report; and violation of outside employment/activities provisions. See sections 102(f)(6)(C)(i) and (ii), 104(a), 105(c)(2) and 504(a) of the Ethics Act, 5 U.S.C. appendix, 102(f)(6)(C)(i) and (ii), 104(a), 105(c)(2) and 504(a). These penalties are reflected in 5 CFR 2634.701(b), 2634.702(a) and (b), and 2634.703 of OGE's executive branchwide financial disclosure regulation and 5 CFR 2636.104(a) of OGE's executive branchwide covered noncareer employee outside employment/activities regulation. In a 1999 rulemaking, 64 FR 47095, Aug. 30, 1989, OGE made inflation adjustments to the Ethics Act civil monetary penalties. These adjustments were mandated by the Debt Collection Improvement Act of 1996, section 31001 of Pub. L. 104-134, 110 Stat. 1321, which revised the Inflation Adjustment Act to require Federal agencies to adjust certain statutory CMPs for inflation. Prior to the 1999 rulemaking, the Ethics Act CMPs were set by statute in the Ethics Reform Act of 1989. In the 1999 rulemaking, OGE increased the maximum civil monetary penalties for knowing and willful breach of a qualified trust by trustees and interested parties; misuse of a public report; and violation of outside employment/activities provisions from $10,000 to $11,000. OGE also increased the maximum civil monetary penalty for negligent breach of a qualified trust by trustees and interested parties from $5,000 to $5,500. In that same rulemaking, OGE adjusted the maximum civil monetary penalty for knowing and willful failure to file, report required information on, or falsification of a public financial disclosure report from $10,000 to $11,000; however, in the 2007 HLOGA, Congress statutorily increased that penalty to a maximum of $50,000. No further adjustments have been made to any of the Ethics Act CMPs described in this paragraph. Late Filing Fee Not a CMP The Office of Government Ethics notes that it has previously determined, after consultation with the Department of Justice, that the $200 late filing fee for public financial disclosure reports that are more than 30 days overdue (see section 105(d) of the Ethics Act, 5 U.S.C. appendix, 105(d), and 5 CFR 2634.704 of OGE's regulations thereunder) is not a civil monetary penalty as defined under the Federal Civil Penalties Inflation Adjustment Act, as amended. Therefore, that fee is not being adjusted in this rulemaking (nor was it previously adjusted by OGE in the 1999 rulemaking), and will remain at its current amount of $200. Calculation of Inflation Adjustments The “catch-up” adjustments to civil monetary penalties mandated by the 2015 Act are based on the percent change between the Consumer Price Index for all Urban Consumers (CPI-U) for the month of October in the year of the previous adjustment (not made under the Inflation Adjustment Act), and the October 2015 CPI-U. The inflation adjustments are to be rounded to the nearest dollar, and agencies may not increase penalty levels by more than 150 percent of the corresponding levels in effect on November 2, 2015. Subsequent annual adjustments for inflation mandated by the 2015 Act will be based on the percent change between the October CPI-U preceding the date of the adjustment, and the prior year's October CPI-U. With the exception of the penalty for knowing and willful failure to file, report required information on, or falsification of a public financial disclosure report, 5 U.S.C. appendix, 104(a), 5 CFR 2634.701(b), all of the Ethics Act CMPs were last adjusted other than pursuant to the Inflation Adjustment Act by the 1989 Ethics Reform Act. (As discussed above, the adjustments made in the 1999 rulemaking were done pursuant to amendments to the Inflation Adjustment Act; the “catch-up” adjustment calculation established by the 2015 Act requires agencies to make adjustments based on when CMPs were established or last adjusted *other than* pursuant to the Inflation Adjustment Act.) For these CMPs, the adjusted penalties established by this rulemaking will be calculated by multiplying the penalty amount established by the 1989 Ethics Reform Act and 1.89361, the CPI-U multiplier for 1989. The penalty for knowing and willful failure to file, report required information on, or falsification of a public financial disclosure report was most recently adjusted by statute in 2007 by HLOGA. For this CMP, the adjusted penalty established by this rulemaking will be calculated by multiplying the penalty amount established by HLOGA and 1.13833, the CPI-U multiplier for 2007. None of these adjusted penalties are more than 150 percent of the corresponding levels in effect on November 2, 2015. Applying the formula established by the 2015 Act, OGE is amending the Ethics Act CMPs to further increase the three previously-adjusted $11,000 maximum penalties reflected in 5 CFR 2634.702(a) and 2634.703 and 5 CFR 2636.104(a), to a maximum of $18,936; to increase the one previously-adjusted $5,500 maximum penalty reflected in 2634.702(b), to a maximum of $9,468; and to increase the one previously-adjusted $50,000 maximum penalty, reflected in 5 CFR 2634.701(b), to a maximum of $56,916. As noted above, these new amounts apply only to civil monetary penalties that are assessed after August 1, 2016 whose associated violations occurred after November 2, 2015. The Office of Government Ethics will also make future adjustments to the Ethics Act CMPs in accordance with the statutory formula set forth in the 2015 Act, which provides for annual adjustments for inflation. II. Matters of Regulatory Procedure Administrative Procedure Act Pursuant to 5 U.S.C. 553(b), as General Counsel of the Office of Government Ethics, I find that good cause exists for waiving the general notice of proposed rulemaking and public comment procedures as to these technical amendments. The notice and comment procedures are being waived because these amendments, which concern matters of agency organization, procedure and practice, are being adopted in accordance with statutorily mandated inflation adjustment procedures of the 2015 Act, which specifies adoption through an interim final rulemaking. It is also in the public interest that the adjusted rates for civil monetary penalties under the Ethics in Government Act become effective as soon as possible in order to maintain their deterrent effect. However, OGE notes that, in order to provide an appropriate period for notification to executive branch departments and agencies and their employees, the effective date for this interim final rule is August 1, 2016. Regulatory Flexibility Act As the designee of the Director of the Office of Government Ethics, I certify under the Regulatory Flexibility Act (5 U.S.C. chapter 6) that this interim final rule would not have a significant economic impact on a substantial number of small entities because it primarily affects current Federal executive branch employees. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply because this regulation does not contain information collection requirements that require approval of the Office of Management and Budget. Unfunded Mandates Reform Act For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. chapter 5, subchapter II), this rule would not significantly or uniquely affect small governments and will not result in increased expenditures by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (as adjusted for inflation) in any one year. Executive Order 13563 and Executive Order 12866 Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select the regulatory approaches that maximize net benefits (including 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. This rulemaking has been reviewed by the Office of Management and Budget, even though it is not deemed “significant” under section 3(f) of Executive Order 12866 since it is limited to the adoption of statutorily mandated inflation adjustments without interpretation. Executive Order 12988 As General Counsel of the Office of Government Ethics, I have reviewed this rule in light of section 3 of Executive Order 12988, Civil Justice Reform, and certify that it meets the applicable standards provided therein. List of Subjects 5 CFR Part 2634 Certificates of divestiture, Conflict of interests, Government employees, Penalties, Reporting and recordkeeping requirements, Trusts and trustees. 5 CFR Part 2636 Conflict of interests, Government employees, Penalties. Dated: June 22, 2016. David J. Apol, General Counsel, Office of Government Ethics. Accordingly, for the reasons set forth in the preamble, the Office of Government Ethics is amending 5 CFR parts 2634 and 2636 as follows: PART 2634—EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED TRUSTS, AND CERTIFICATES OF DIVESTITURE 1. The authority citation for part 2634 is revised to read as follows: Authority: 5 U.S.C. App. (Ethics in Government Act of 1978); 26 U.S.C. 1043; Pub. L. 101-410, 104 Stat. 890, 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990), as amended by Sec. 31001, Pub. L. 104-134, 110 Stat. 1321 (Debt Collection Improvement Act of 1996) and Sec. 701, Pub. L. 114-74 (Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306. 2. Section 2634.101 is revised to read as follows: § 2634.101 Authority. The regulation in this part is issued pursuant to the authority of the Ethics in Government Act of 1978, as amended; 26 U.S.C. 1043; the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015; and Executive Order 12674 of April 12, 1989, as modified by Executive Order 12731 of October 17, 1990. 3. Section 2634.701 is amended by revising paragraph

(b)to read as follows: § 2634.701 Failure to file or falsifying reports.

(b)*Civil action.* The Attorney General may bring a civil action in any appropriate United States district court against any individual who knowingly and willfully falsifies or who knowingly and willfully fails to file or report any information required by filers of public reports under subpart B of this part. The court in which the action is brought may assess against the individual a civil monetary penalty in any amount, not to exceed the amounts set forth below, as provided by section 104(a) of the Act, as amended, and as adjusted in accordance with the inflation adjustment procedures prescribed in the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended: Date of violation or assessment Penalty Violation occurring before Sept. 29, 1999 $10,000 Violation occurring between Sept. 29, 1999 and Sept. 13, 2007 11,000 Violation occurring between Sept. 14, 2007 and Nov. 2, 2015 50,000 Violation occurring after Nov. 2, 2015 and penalty assessed on or before Aug. 1, 2016 50,000 Violation occurring after Nov. 2, 2015 and penalty assessed after Aug. 1, 2016 56,916 4. Section 2634.702 is revised to read as follows: § 2634.702 Breaches by trust fiduciaries and interested parties.

(a)The Attorney General may bring a civil action in any appropriate United States district court against any individual who knowingly and willfully violates the provisions of § 2634.408(d)(1) or (e)(1). The court in which the action is brought may assess against the individual a civil monetary penalty in any amount, not to exceed the amounts set forth below, as provided by section 102(f)(6)(C)(i) of the Act and as adjusted in accordance with the inflation adjustment procedures prescribed in the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended: Date of violation or assessment Penalty Violation occurring before Sept. 29, 1999 $10,000 Violation occurring between Sept. 29, 1999 and Nov. 2, 2015 11,000 Violation occurring after Nov. 2, 2015 and penalty assessed on or before Aug. 1, 2016 11,000 Violation occurring after Nov. 2, 2015 and penalty assessed after Aug. 1, 2016 18,936

(b)The Attorney General may bring a civil action in any appropriate United States district court against any individual who negligently violates the provisions of § 2634.408(d)(1) or (e)(1). The court in which the action is brought may assess against the individual a civil monetary penalty in any amount, not to exceed the amounts set forth below, as provided by section 102(f)(6)(C)(ii) of the Act and as adjusted in accordance with the inflation adjustment procedures of the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended: Date of violation or assessment Penalty Violation occurring before Sept. 29, 1999 $5,000 Violation occurring between Sept. 29, 1999 and Nov. 2, 2015 5,500 Violation occurring after Nov. 2, 2015 and penalty assessed on or before Aug. 1, 2016 5,500 Violation occurring after Nov. 2, 2015 and penalty assessed after Aug. 1, 2016 9,468 5. Section 2634.703 is revised to read as follows: § 2634.703 Misuse of public reports.

(a)The Attorney General may bring a civil action against any person who obtains or uses a report filed under this part for any purpose prohibited by section 105(c)(1) of the Act, as incorporated in § 2634.603(f). The court in which the action is brought may assess against the person a civil monetary penalty in any amount, not to exceed the amounts set forth below, as provided by section 105(c)(2) of the Act and as adjusted in accordance with the inflation adjustment procedures prescribed in the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. Date of violation or assessment Penalty Violation occurring before Sept. 29, 1999 $10,000 Violation occurring between Sept. 29, 1999 and Nov. 2, 2015 11,000 Violation occurring after Nov. 2, 2016 and penalty assessed on or before Aug. 1, 2016 11,000 Violation occurring after Nov. 2, 2015 and penalty assessed after Aug. 1, 2016 18,936

(b)This remedy shall be in addition to any other remedy available under statutory or common law. PART 2636—LIMITATIONS ON OUTSIDE EARNED INCOME, EMPLOYMENT AND AFFILIATIONS FOR CERTAIN NONCAREER EMPLOYEES 6. The authority citation for part 2636 is revised to read as follows: Authority: 5 U.S.C. App. (Ethics in Government Act of 1978); Pub. L. 101-410, 104 Stat. 890, 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990), as amended by Sec. 31001, Pub. L. 104-134, 110 Stat. 1321 (Debt Collection Improvement Act of 1996) and Sec. 701, Pub. L. 114-74 (Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306. 7. Section 2636.104 is amended by revising paragraph

(a)to read as follows: § 2636.104 Civil, disciplinary and other action.

(a)*Civil action.* Except when the employee engages in conduct in good faith reliance upon an advisory opinion issued under § 2636.103, an employee who engages in any conduct in violation of the prohibitions, limitations and restrictions contained in this part may be subject to civil action under 5 U.S.C. app. 504(a) and a civil monetary penalty of not more than the amounts set forth below, as adjusted in accordance with the inflation adjustment procedures prescribed in the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended, or the amount of the compensation the individual received for the prohibited conduct, whichever is greater. Date of violation or assessment Penalty Violation occurring before Sept. 29, 1999 $10,000 Violation occurring between Sept. 29, 1999 and Nov. 2, 2015 11,000 Violation occurring after Nov. 2, 2015 and penalty assessed on or before Aug. 1, 2016 11,000 Violation occurring after Nov. 2, 2015 and penalty assessed after Aug. 1, 2016 18,936 [FR Doc. 2016-15193 Filed 6-27-16; 8:45 am]

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