Unknown. Final rule

3,939 words·~18 min read·/register/2017/01/24/2017-00627

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-2017-01-24.xml --- 82 14 Tuesday, January 24, 2017 Contents Agricultural Research Agricultural Research Service NOTICES Intent to Grant Exclusive Licenses: Huvepharma, Inc. of Peachtree City, GA, 8174 2017-01385 Agriculture Agriculture Department See Agricultural Research Service NOTICES Meetings: Visioning of United States, Agricultural Systems for Sustainable Production Stakeholder Listening Session, 8174-8175 2017-01506 Army Army Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 8179 2017-01432 Privacy Act; Systems of Records, 8179-8182 2017-01477 Civil Rights Civil Rights Commission NOTICES Meetings: Illinois Advisory Committee, 8176-8177 2017-01520 2017-01521 West Virginia Advisory Committee, 8175-8176 2017-01519 Wisconsin Advisory Committee, 8175 2017-01522 Commerce Commerce Department See Economic Development Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Voluntary Self-Disclosure of Violations of the Export Administration Regulations, 8177 2017-01498 Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Revised Annual and Final Reports for Performance Reporting Data from NIDILRR Grantees, 8191-8192 2017-01537 Comptroller Comptroller of the Currency PROPOSED RULES Enhanced Cyber Risk Management Standards, 8172 2017-01539 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Appraisals for Higher-Priced Mortgage Loans, 8259-8260 2017-01436 Defense Department Defense Department See Army Department See Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8185 2017-01444 Meetings: Defense Advisory Committee on Military Personnel Testing, 8185 2017-01433 Defense Science Board, 8182 2017-01516 Privacy Act; Systems of Records, 8182-8185 2017-01450 Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance Eligibility;

Petitions, 8177-8178 2017-01472 Energy Department Energy Department See Federal Energy Regulatory Commission Equal Equal Employment Opportunity Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8186-8187 2017-01558 Federal Communications Federal Communications Commission RULES Annual Adjustment of Civil Monetary Penalties to Reflect Inflation, 8170-8171 2017-00365 Federal Deposit Federal Deposit Insurance Corporation PROPOSED RULES Enhanced Cyber Risk Management Standards, 8172 2017-01539 Federal Energy Federal Energy Regulatory Commission RULES Civil Monetary Penalty Inflation Adjustments, 8137-8139 2017-00567 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements;

Availability, etc.: Lone Star Regional Rail Project, Williamson, Travis, Bastrop, Hays, Caldwell, Comal Guadalupe and Bexar Counties, TX; Withdrawal, 8255 2017-01544 Federal Railroad Federal Railroad Administration NOTICES Compliance Waivers; Petitions: Nevada Northern Railway Foundation d.b.a. Nevada Northern Railway Museum, 8255-8256 2017-01504 Federal Reserve Federal Reserve System RULES Total Loss-Absorbing Capacity, Long-Term Debt, and Clean Holding Company Requirements, etc., 8266-8315 2017-00431 PROPOSED RULES Enhanced Cyber Risk Management Standards, 8172 2017-01539 Federal Trade Federal Trade Commission RULES Adjustments to Civil Penalty Amounts, 8135-8137 2017-01125 NOTICES Early Terminations of Waiting Periods Under Premerger Notification Rules;

Approvals, 8187-8190 2017-01491 Federal Transit Federal Transit Administration NOTICES Limitation on Claims Against Proposed Public Transportation Projects, 8256-8257 2017-01449 Fish Fish and Wildlife Service NOTICES Environmental Assessments; Availability, etc.: Draft Comprehensive Conservation Plan, Little Sandy National Wildlife Refuge, Wood County, TX, 8203-8205 2017-01543 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 8260-8263 2017-01441 2017-01442 2017-01443 Geological Geological Survey NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 8205-8206 2017-01445 Government Ethics Government Ethics Office RULES Civil Monetary Penalties Inflation Adjustments for Ethics in Government Act Violations, 8131-8133 2017-00627 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Modified OGE Form 278e Executive Branch Personnel Public Financial Disclosure Report, 8190-8191 2017-01483 Health and Human Health and Human Services Department See Community Living Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings:

Secretary's Advisory Committee on National Health Promotion and Disease Prevention Objectives for 2030, 8192-8193 2017-01541 Technical Advisory Panel on Medicare Trustee Reports, 8193-8194 2017-01479 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Equal Access Regardless of Sexual Orientation, Gender Identity, or Marital Status for HUD's Community Planning and Development Programs, 8198-8200 2017-01556 FHA-Insured Mortgage Loan Servicing Involving the Claims and Conveyance Process, Property Inspection/Preservation, 8200-8201 2017-01550 Survey of Market Absorption of New Multifamily Units, 8202-8203 2017-01552 Mortgage and Loan Insurance Programs Under the National Housing Act:

Debenture Interest Rates, 8201-8202 2017-01547 Interior Interior Department See Fish and Wildlife Service See Geological Survey See National Indian Gaming Commission See National Park Service Internal Revenue Internal Revenue Service RULES Dividend Equivalents from Sources within the United States, 8144-8165 2017-01163 Qualifying Income from Activities of Publicly Traded Partnerships With Respect to Minerals or Natural Resources, 8318-8343 2017-01208 Treatment of Certain Interests in Corporations as Stock or Indebtedness;

Correction, 8165-8170 2017-00497 2017-00498 PROPOSED RULES Dividend Equivalents from Sources within the United States, 8172-8173 2017-01161 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Artists' Canvas from China; Expedited Five-Year Review, 8208-8209 2017-01446 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Athletic Footwear; Termination of Investigation, 8209 2017-01482 Certain Food Supplements and Vitamins, Including Ocular Antioxidants and Components Thereof and Products Containing the Same, 8210-8211 2017-01481 Certain Graphics Processors, DDR Memory Controllers, and Products Containing the Same, 8207-8208 2017-01530 Certain Magnetic Tape Cartridges and Components Thereof, 8209-8210 2017-01531 Justice Department Justice Department See Parole Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 8213-8214 2017-01495 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Firearm Inquiry Statistics Program, 8212-8213 2017-01570 Proposed Consent Decrees: CERCLA, 8211 2017-01565 Clean Air Act, 8211-8212 2017-01471 Legal Legal Services Corporation NOTICES Meetings: Sunshine Act, 8214-8217 2017-01721 Management Management and Budget Office NOTICES Regulatory Freeze Pending Review, 8346 2017-01766 National Indian National Indian Gaming Commission RULES Privacy Act Procedures, 8139-8144 2017-00585 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 8196 2017-01488 National Institute of Allergy and Infectious Diseases, 8194-8195 2017-01452 2017-01453 National Institute of Dental and Craniofacial Research, 8194-8195 2017-01454 National Institute of Nursing Research, 8194 2017-01457 National Institute on Aging, 8195-8196 2017-01451 National Institutes of General Medical Sciences, 8195-8197 2017-01455 2017-01456 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings: Gulf of Mexico Fishery Management Council, 8179 2017-01447 New England Fishery Management Council, 8178 2017-01563 Pacific Fishery Management Council, 8178 2017-01478 National Park National Park Service NOTICES Environmental Impact Statements;

Availability, etc.: Alcatraz Ferry Embarkation, Counties of Marin and San Francisco, CA, 8206-8207 2017-01469 National Science National Science Foundation NOTICES Meetings: Proposal Review Panel for Ocean Sciences, 8218 2017-01486 Proposal Review Panel for Physics, 8217-8218 2017-01525 2017-01526 Navy Navy Department NOTICES Environmental Impact Statements; Availability, etc.: EA-18G Growler Airfield Operations at Naval Air Station Whidbey Island Complex, WA, 8185-8186 2017-01513 Nuclear Regulatory Nuclear Regulatory Commission RULES Adjustment of Civil Penalties for Inflation, 8133-8135 2017-01313 NOTICES Exemptions and Combined License Amendments:

South Carolina Electric and Gas Company, South Carolina Public Service Authority; Virgil C. Summer Nuclear Station, Units 2 and 3; Tier 1 Editorial and Consistency Changes, 8225-8226 2017-01551 Southern Nuclear Operating Company, Inc., Vogtle Electric Generating Plant, Units 3 and 4 CA04 Structural Module ITAAC Dimensions Change, 8224-8225 2017-01548 Southern Nuclear Operating Company, Inc., Vogtle Electric Generating Plant, Units 3 and 4, Piping Line Number Additions, Deletions and Functional Capability Re-Designation, 8219-8220 2017-01549 Guidance:

Program-Specific Guidance about Commercial Radiopharmacy Licenses, 8227-8228 2017-01546 License Applications; Amendments: South Carolina Electric and Gas Co., South Carolina Public Service Authority Virgil C. Summer Nuclear Station, Units 2 and 3, In-Containment Refueling Water Storage Tank (IRWST) Volume Changes, 8220-8223 2017-01555 Meetings: Sunshine Act, 8218-8219 2017-01663 Parole Parole Commission NOTICES Meetings: Sunshine Act, 8214 2017-01691 2017-01693 Personnel Personnel Management Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: USAJOBS, 8228 2017-01475 Excepted Service, 8228-8230 2017-01470 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous Materials: Oregon Hazardous Waste Management, 8257-8259 2017-00788 Postal Service Postal Service NOTICES Product Changes: Priority Mail Negotiated Service Agreement, 8230 2017-01557 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Day of Patriotic Devotion (Proc. 9570), 8347-8349 2017-01798 EXECUTIVE ORDERS Patient Protection and Affordable Care Act;

Minimizing the Economic Burden, Pending Repeal (EO 13765), 8351-8352 2017-01799 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Joint Standards for Assessing the Diversity Policies and Practices of Entities Regulated by the Agencies, 8248-8249 2017-01566 Self-Regulatory Organizations; Proposed Rule Changes: C2 Options Exchange, Inc., 8238-8241 2017-01462 Chicago Board Options Exchange, Inc., 8252-8255 2017-01463 International Securities Exchange, LLC, 8244-8248 2017-01466 NASDAQ BX, Inc., 8235-8238 2017-01467 NASDAQ PHLX, LLC, 8241-8244 2017-01460 NASDAQ Stock Market, LLC, 8230-8235, 8244 2017-01464 2017-01465 National Stock Exchange, Inc., 8249-8252 2017-01461 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 8197-8198 2017-01430 Transportation Department Transportation Department See Federal Highway Administration See Federal Railroad Administration See Federal Transit Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Cost-of-Living Adjustments Effective December 1, 2016, 8263-8264 2017-01458 Meetings:

Advisory Committee on Disability Compensation, 8263 2017-01567 Separate Parts In This Issue Part II Federal Reserve System, 8266-8315 2017-00431 Part III Treasury Department, Internal Revenue Service, 8318-8343 2017-01208 Part IV Management and Budget Office, 8346 2017-01766 Part V Presidential Documents, 8347-8349, 8351-8352 2017-01798 2017-01799 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. 82 14 Tuesday, January 24, 2017 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: Final rule. SUMMARY: The U.S. Office of Government Ethics

(OGE)is issuing this final rule in accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. This rulemaking adopts as final prior interim regulations making “catch-up” inflationary adjustments to 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. This rulemaking also makes the 2017 annual adjustment to the Ethics in Government Act civil monetary penalties mandated by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. DATES: *Effective date:* This final rule is effective January 24, 2017. *Applicability date:* This final rule is applicable January 15, 2017. FOR FURTHER INFORMATION CONTACT: Kimberly L. Sikora Panza, Associate 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 “Catch-up” Adjustment to Ethics in Government Act Civil Monetary Penalties In November 2015, Congress passed 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 2015 Act required Federal agencies to make inflationary adjustments to the civil monetary penalties

(CMPs)within their jurisdiction with an initial “catch-up” adjustment through an interim final rule effective no later than August 1, 2016. The 2015 Act further mandates that Federal agencies make subsequent annual inflationary adjustments of their CMPs, to be effective no later than January 15 of each year. In compliance with the 2015 Act and guidance issued by the Office of Management and Budget (OMB), on June 28, 2016, the U.S. Office of Government Ethics

(OGE)published in the **Federal Register** an interim final rule with request for comments, 81 FR 41787 (June 28, 2016). The interim final rule, which became effective on August 1, 2016, made inflationary adjustments to the five CMPs provided in the Ethics in Government Act of 1978 as amended, 5 U.S.C. appendix (the Ethics Act). 1 The Ethics Act provides for 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. 1 OGE 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 104(d) of the Ethics Act, 5 U.S.C. appendix, 104(d), and 5 CFR 2634.704 of OGE's regulations thereunder) is not a CMP 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 adjusted by OGE in previous CMP rulemakings), and will remain at its current amount of $200. As explained in the preamble to the interim final rule, the increased civil monetary penalty amounts calculated in OGE's “catch-up” adjustment applied 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. For the sake of clarity, OGE's interim final rule stated the original, previously-adjusted and newly-adjusted Ethics Act CMP amounts. OGE received no comments on the interim final rule, and therefore is adopting it as final in this rulemaking. Annual Inflationary Adjustment to the Ethics in Government Act Civil Monetary Penalties Beginning in 2017, the 2015 Act requires Federal agencies to make annual inflationary adjustments to their CMPs. The annual adjustments are based on the percent change between the Consumer Price Index for all Urban Consumers (CPI-U) for the month of October preceding the date of the adjustment, and the prior year's October CPI-U. Pursuant to OMB guidance, the cost-of-living adjustment multiplier for 2017, based on the CPI-U for October 2016, not seasonally adjusted, is 1.01636. To calculate the 2017 annual adjustment, agencies must multiply the most recent penalty by the 1.01636 multiplier, and round to the nearest dollar. Applying the formula established by the 2015 Act and OMB guidance, OGE is amending the Ethics Act CMPs through this rulemaking to:

(1)Increase the three penalties reflected in 5 CFR 2634.702(a), 5 CFR 2634.703, and 5 CFR 2636.104(a)—which were previously adjusted to a maximum of $18,936—to a maximum of $19,246;

(2)Increase the penalty reflected in 5 CFR 2634.702(b)—which was previously adjusted to a maximum of $9,468—to a maximum of $9,623; and

(3)Increase the penalty reflected in 5 CFR 2634.701(b)—which was previously adjusted to a maximum of $56,916—to a maximum of $57,847. Consistent with the implementation of the “catch-up” penalty adjustments, these adjusted penalty amounts will apply only to penalties assessed after January 15, 2017 (the applicability date of this final rule) whose associated violations occurred after November 2, 2015. OGE will continue to make future annual inflationary adjustments to the Ethics Act CMPs in accordance with the statutory formula set forth in the 2015 Act. II. Matters of Regulatory Procedure Administrative Procedure Act Pursuant to 5 U.S.C. 553(b), as Director 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 that agencies shall adjust civil monetary penalties notwithstanding Section 553 of the Administrative Procedure Act. 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. Regulatory Flexibility Act As the Director of the Office of Government Ethics, I certify under the Regulatory Flexibility Act (5 U.S.C. chapter 6) that this 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. The Office of Management and Budget has determined that rulemakings such as this implementing annual inflationary adjustments under the 2015 Act are not significant regulatory actions under Executive Order 12866. Executive Order 12988 As Director 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: January 9, 2017. Walter M. Shaub, Jr., Director, U.S. Office of Government Ethics. Accordingly, for the reasons set forth in the preamble, the U.S. Office of Government Ethics is adopting the interim final rule published at 81 FR 41787 (June 28, 2016) as a final rule with the following changes: PART 2634—EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED TRUSTS, AND CERTIFICATES OF DIVESTITURE 1. The authority citation for part 2634 continues 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 2634.701 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 Penalty Violation occurring between Sept. 14, 2007 and Nov. 2, 2015 $50,000 Violation occurring after Nov. 2, 2015 57,847 3. 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 Penalty Violation occurring between Sept. 29, 1999 and Nov. 2, 2015 $11,000 Violation occurring after Nov. 2, 2015 19,246

(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 Penalty Violation occurring between Sept. 29, 1999 and Nov. 2, 2015 $5,500 Violation occurring after Nov. 2, 2015 9,623 4. 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 Penalty Violation occurring between Sept. 29, 1999 and Nov. 2, 2015 $11,000 Violation occurring after Nov. 2, 2015 19,246

(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 5. The authority citation for part 2636 continues 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. 6. 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 Penalty Violation occurring between Sept. 29, 1999 and Nov. 2, 2015 $11,000 Violation occurring after Nov. 2, 2015 19,246 [FR Doc. 2017-00627 Filed 1-23-17; 8:45 am]

Connectionstraces to 8

Traces to 8 documents

public-private-law