Unknown. Final rule

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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-2018-01-11.xml --- 83 8 Thursday, January 11, 2018 Contents Agriculture Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1327 2018-00334 Civil Rights Civil Rights Commission NOTICES Meetings: Indiana Advisory Committee, 1328 2018-00377 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Defense Department Defense Department NOTICES Meetings:

Board of Regents, Uniformed Services University of the Health Sciences, 1344 2018-00335 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission RULES Inflation Adjustment of Civil Monetary Penalties, 1289-1293 2018-00206 NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation, 1344-1345 2018-00349 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 1345-1346 2018-00361 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: New Hampshire; Approval of Recordkeeping and Reporting Requirements and Single Source Order; Withdrawal, 1302-1303 2018-00288 Farm Credit Farm Credit Administration RULES Practice and Procedure: Adjusting Civil Money Penalties for Inflation, 1293-1295 2018-00336 Farm Credit System Insurance Farm Credit System Insurance Corporation NOTICES Meetings:

Farm Credit System Insurance Corporation Board, 1351 2018-00350 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Air Comm Corporation Air Conditioning Systems, 1313-1316 2018-00177 American Champion Aircraft Corp., 1311-1313 2018-00178 Amendment of Restricted Area: R-4403A, Stennis Space Center, MS, 1319-1320 2018-00370 Establishment of Restricted Areas: R-2201A, B, C, D, E, F, G, H, and J, Fort Greely, AK, 1316-1319 2018-00371 NOTICES Meetings:

Fifty Fifth RTCA SC-224 Standards for Airport Security Access Control Systems Plenary, 1453-1454 2018-00302 Sixty Eighth RTCA SC-186 Plenary Session, 1454 2018-00300 Twenty Eighth RTCA SC-222 AMS(R)S Systems Plenary, 1454 2018-00301 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Sierrita Gas Pipeline LLC, 1349-1350 2018-00329 Combined Filings, 1347-1348 2018-00324 2018-00325 2018-00326 Complaints: EDF Renewables Energy, Inc. v. Midcontinent Independent System Operator, Inc., 1349 2018-00330 Environmental Assessments;

Availability, etc.: Northwest Pipeline LLC North Seattle Lateral Upgrade Project, 1346-1347 2018-00328 Institution of Section 206 Proceedings: Great River Energy, 1350 2018-00327 Preliminary Permit Applications: Watterra Energy, LLC, 1349 2018-00331 Federal Maritime Federal Maritime Commission RULES Inflation Adjustment of Civil Monetary Penalties, 1304-1305 2018-00319 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 1362-1363 2018-00341 Proposed Supervisory Guidance, 1351-1362 2018-00294 Fish Fish and Wildlife Service NOTICES Environmental Impact Statements;

Availability, etc.: Draft Habitat Conservation Plan for the California Department of Parks and Recreation Oceano Dunes District, San Luis Obispo County, CA, 1380-1382 2017-28489 Permit Applications: Foreign Endangered and Threatened Species, 1378-1380 2018-00321 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certification To Accompany Drug, Biological Product, and Device Applications or Submissions, 1363-1365 2018-00354 Determinations of Regulatory Review Periods for Purposes of Patent Extensions:

ENTYCE, 1365-1366 2018-00358 EPANOVA, 1366-1368 2018-00353 MICRA TRANSCATHETER PACING SYSTEM, 1370-1371 2018-00355 Meetings: Anesthetic and Analgesic Drug Products Advisory Committee, 1371-1373 2018-00359 Risk Communication Advisory Committee, 1368-1370 2018-00357 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 1454-1455 2018-00316 General Services General Services Administration RULES Program Fraud Civil Remedies Act of 1986, Civil Monetary Penalties Inflation Adjustment, 1303-1304 2018-00367 Geological Geological Survey NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Current and Future Landsat User Requirements, 1382-1383 2018-00351 Health and Human Health and Human Services Department See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Indian Affairs Indian Affairs Bureau NOTICES Alcoholic Beverage Control Ordinances; Amendments: Rincon Band of Luiseno Mission Indians of the Rincon Reservation, 1458-1459 2018-00346 Industry Industry and Security Bureau NOTICES Meetings:

Information Systems Technical Advisory Committee, 1328 2018-00293 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Initiation of Administrative Reviews, 1329-1335 2018-00356 Judicial Conference Judicial Conference of the United States NOTICES Hearings: Judicial Conference Advisory Committee on the Federal Rules of Bankruptcy Procedure;

Cancellation, 1383 2018-00385 National Institute National Institute of Standards and Technology NOTICES Consortium for the Advancement of Genome Editing, 1335-1336 2018-00315 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 1373-1377 2018-00295 2018-00296 2018-00388 National Cancer Institute, 1377-1378 2018-00297 National Institute on Aging, 1373, 1375 2018-00389 2018-00390 National Institute on Alcohol Abuse and Alcoholism, 1375 2018-00298 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:

Snapper-Grouper Fishery of the South Atlantic Region; Amendment 41, 1305-1310 2018-00313 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Coral Reef Conservation Program Administration, 1339 2018-00311 Economic Survey of Recreational Steelhead Fishermen in Washington State, 1337 2018-00312 Fishery Capacity Reduction Program Buyback Requests, 1338-1339 2018-00310 Meetings: Fisheries of the South Atlantic; South Atlantic Fishery Management Council, 1336 2018-00372 Gulf of Mexico Fishery Management Council, 1340-1341 2018-00375 New England Fishery Management Council, 1338-1340 2018-00379 2018-00380 Pacific Fishery Management Council, 1337-1338, 1341-1342 2018-00374 2018-00378 Western Pacific Fishery Management Council, 1340 2018-00373 National Telecommunications National Telecommunications and Information Administration NOTICES Promoting Stakeholder Action Against Botnets and Other Automated Threats, 1342-1344 2018-00322 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Exemptions:

Southern California Edison Co., San Onofre Nuclear Generating Station, Units 2 and 3, 1383-1388 2018-00318 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Periodic Reporting Requirements, 1320-1321 2018-00320 Presidential Documents Presidential Documents EXECUTIVE ORDERS Broadband Facilities in Rural America; Streamlining and Expediting Requests To Locate (EO 13821), 1505-1509 2018-00553 Securities Securities and Exchange Commission RULES Exemptions From Investment Adviser Registration for Advisers to Small Business Investment Companies, 1296-1302 2018-00299 Staff Accounting Bulletin No. 117, 1295-1296 2018-00352 NOTICES Adjustments to Civil Monetary Penalty Amounts, 1396-1399 2018-00387 Joint Industry Plans:

Amendment No. 4 to the National Market System Plan Governing the Consolidated Audit Trail by Cboe BYX Exchange, Inc., Cboe BZX Exchange, Inc., Cboe EDGA Exchange, Inc., et al., 1399-1428 2018-00314 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 1391-1396, 1438-1442 2018-00303 2018-00309 Nasdaq GEMX, LLC, 1388-1391 2018-00308 Nasdaq ISE, LLC, 1446-1448 2018-00305 Nasdaq PHLX LLC, 1445-1446 2018-00304 NYSE American LLC, 1442-1445 2018-00306 NYSE Arca, Inc., 1428-1438 2018-00307 Small Business Small Business Administration NOTICES Disaster Declarations:

Connecticut, 1449-1450 2018-00382 Louisiana, 1451 2018-00383 New York, 1449 2018-00381 Major Disaster Declarations: California, 1451 2018-00364 Maine, 1450-1451 2018-00360 Mississippi, 1448-1449 2018-00366 New Hampshire, 1449 2018-00362 Vermont, 1450 2018-00363 State Department State Department NOTICES Determinations: International Religious Freedom Act, 1451-1452 2018-00333 Office of the Chief of Protocol; Gifts to Federal Employees From Foreign Government Sources Reported to Employing Agencies in Calendar Year 2016, 1462-1504 2018-00365 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings:

Center for Substance Abuse Prevention, 1378 2018-00369 Trade Representative Trade Representative, Office of United States NOTICES Requests for Nominations: Trade Advisory Committee on Africa, 1452-1453 2018-00338 Transportation Department Transportation Department See Federal Aviation Administration Treasury Treasury Department See Foreign Assets Control Office Veteran Affairs Veterans Affairs Department PROPOSED RULES Revise and Streamline Acquisition Regulation To Adhere to Federal Acquisition Regulation Principles, 1321-1326 2018-00169 Separate Parts In This Issue Part II Interior Department, Indian Affairs Bureau, 1458-1459 2018-00346 Part III State Department, 1462-1504 2018-00365 Part IV Presidential Documents, 1505-1509 2018-00553 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. 83 8 Thursday, January 11, 2018 Rules and Regulations DEPARTMENT OF ENERGY 10 CFR Parts 207, 218, 429, 431, 490, 501, 601, 820, 824, 851, 1013, 1017, and 1050 Inflation Adjustment of Civil Monetary Penalties AGENCY: Office of the General Counsel, U.S.

Department of Energy. ACTION: Final rule. SUMMARY: The Department of Energy (“DOE”) publishes this final rule to adjust DOE's civil monetary penalties (“CMPs”) for inflation as mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (collectively referred to herein as “the Act”). This rule adjusts CMPs within the jurisdiction of DOE to the maximum amount required by the Act.

DATES: This rule is effective January 11, 2018. FOR FURTHER INFORMATION CONTACT: Preeti Chaudhari, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585,

(202)586-8078. SUPPLEMENTARY INFORMATION: I. Background II. Method of Calculation III. Summary of the Final Rule IV. Final Rulemaking V. Regulatory Review I. Background In order to improve the effectiveness of CMPs and to maintain their deterrent effect, the Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. 2461 note (“the Inflation Adjustment Act”), as further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Pub. L. 114-74) (“the 2015 Act”), requires Federal agencies to adjust each CMP provided by law within the jurisdiction of the agency. The 2015 Act requires agencies to adjust the level of CMPs with an initial “catch-up” adjustment through an interim final rulemaking and to make subsequent annual adjustments for inflation, notwithstanding 5 U.S.C. 553. DOE's initial catch-up adjustment interim final rule was published June 28, 2016 (81 FR 41790) and adopted as final without amendment on December 30, 2016 (81 FR 96349). The 2015 Act also provides that any increase in a CMP shall apply only to CMPs, including those whose associated violation predated such increase, which are assessed after the date the increase takes effect. In accordance with the 2015 Act, the Office of Management and Budget

(OMB)must issue annually guidance on adjustments to civil monetary penalties. This final rule to adjust civil monetary penalties for 2018 is issued in accordance with applicable law and OMB's guidance memorandum on implementation of the 2018 annual adjustment. 1 1 OMB's annual guidance memorandum was issued on December 15, 2017, providing the 2018 adjustment multiplier and addressing how to apply it. II. Method of Calculation The method of calculating CMP adjustments applied in this final rule is required by the 2015 Act. Under the 2015 Act, annual inflation adjustments subsequent to the initial catch-up adjustment are to be based on the percent change between the October Consumer Price Index for all Urban Consumers (CPI-U) preceding the date of the adjustment, and the prior year's October CPI-U. Pursuant to the aforementioned OMB guidance memorandum, the adjustment multiplier for 2018 is 1.02041. In order to complete the 2018 annual adjustment, each CMP is multiplied by the 2018 adjustment multiplier. Under the 2015 Act, any increase in CMP must be rounded to the nearest multiple of $1. III. Summary of the Final Rule The following list summarizes DOE authorities containing CMPs, and the penalties before and after adjustment. DOE authority containing civil monetary penalty Before adjustment After adjustment 10 CFR 207.7 $10,1641 $10,371. 10 CFR 218.42 22,015 22,464. 10 CFR 429.120 440 449. 10 CFR 431.382 440 449. 10 CFR 490.604 8,523 8,697. 10 CFR 501.181 — 90,063 — 91,901 8/mcf 8/mcf. — 36/bbl 37/bbl. 10 CFR 601.400 and App A — minimum 19,246 — minimum 19,639. — maximum 192,459 — maximum 196,387. 10 CFR 820.81 201,106 205,211. 10 CFR 824.1 and App A 143,715 146,648. 10 CFR 824.4 and App A 143,715 146,648. 10 CFR 851.5 and App B 93,332 95,237. 10 CFR 1013.3 10,957 11,181. 10 CFR 1017.29 258,811 264,093. 10 CFR 1050.303 19,621 20,021. 50 U.S.C. 2731 2 8,797 8,977. IV. Final Rulemaking 2 Implemented by 10 CFR 820.81, 10 CFR 851.5, and appendix B to 10 CFR part 851. The 2015 Act requires that annual adjustments for inflation subsequent to the initial “catch-up” adjustment be made notwithstanding 5 U.S.C. 553. V. Regulatory Review A. Executive Order 12866 This rule has been determined not to be a significant regulatory action under Executive Order 12866, “Regulatory Planning and Review,” 58 FR 51735 (October 4, 1993). Accordingly, this action was not subject to review under that Executive Order by the Office of Information and Regulatory Affairs of the Office of Management and Budget. B. National Environmental Policy Act DOE has determined that this final rule is covered under the Categorical Exclusion found in DOE's National Environmental Policy Act regulations at paragraph A5 of appendix A to subpart D, 10 CFR part 1021, which applies to a rulemaking that amends an existing rule or regulation and that does not change the environmental effect of the rule or regulation being amended. Accordingly, neither an environmental assessment nor an environmental impact statement is required. C. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 *et seq.)* requires preparation of an initial regulatory flexibility analysis for any rule that by law must be proposed for public comment. As discussed above, the 2015 Act requires that annual inflation adjustments subsequent to the initial catch-up adjustment be made notwithstanding 5 U.S.C. 553. Because a notice of proposed rulemaking is not required for this action pursuant to 5 U.S.C. 553, or any other law, no regulatory flexibility analysis has been prepared for this final rule. D. Paperwork Reduction Act This final rule imposes no new information collection requirements subject to the Paperwork Reduction Act. E. Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally requires Federal agencies to examine closely the impacts of regulatory actions on State, local, and tribal governments. Section 201 excepts agencies from assessing effects on State, local or tribal governments or the private sector of rules that incorporate requirements specifically set forth in law. Because this rule incorporates requirements specifically set forth in 28 U.S.C. 2461 note, DOE is not required to assess its regulatory effects under section 201. Unfunded Mandates Reform Act sections 202 and 205 do not apply to this action because they apply only to rules for which a general notice of proposed rulemaking is published. Nevertheless, DOE has determined that this regulatory action does not impose a Federal mandate on State, local, or tribal governments or on the public sector. F. Treasury and General Government Appropriations Act, 1999 Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family Policymaking Assessment for any proposed rule that may affect family well-being. This rule would not have any impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment. G. Executive Order 13132 Executive Order 13132, “Federalism,” 64 FR 43255 (August 4, 1999) imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications. Agencies are required to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and carefully assess the necessity for such actions. DOE has examined this rule and has determined that it would not preempt State law and would not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. No further action is required by Executive Order 13132. H. Executive Order 12988 With respect to the review of existing regulations and the promulgation of new regulations, section 3(a) of Executive Order 12988, “Civil Justice Reform,” 61 FR 4729 (February 7, 1996), imposes on Executive agencies the general duty to adhere to the following requirements:

(1)Eliminate drafting errors and ambiguity;

(2)write regulations to minimize litigation; and

(3)provide a clear legal standard for affected conduct rather than a general standard and promote simplification and burden reduction. With regard to the review required by section 3(a), section 3(b) of Executive Order 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation:

(1)Clearly specifies the preemptive effect, if any;

(2)clearly specifies any effect on existing Federal law or regulation;

(3)provides a clear legal standard for affected conduct while promoting simplification and burden reduction;

(4)specifies the retroactive effect, if any;

(5)adequately defines key terms; and

(6)addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive Order 12988 requires Executive agencies to review regulations in light of applicable standards in section 3(a) and section 3(b) to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, this rule meets the relevant standards of Executive Order 12988. I. Treasury and General Government Appropriations Act, 2001 The Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines were published at 67 FR 62446 (October 7, 2002). DOE has reviewed this rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. J. Executive Order 13211 Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,” 66 FR 28355 (May 22, 2001) requires Federal agencies to prepare and submit to OMB, a Statement of Energy Effects for any proposed significant energy action. A “significant energy action” is defined as any action by an agency that promulgated or is expected to lead to promulgation of a final rule, and that:

(1)Is a significant regulatory action under Executive Order 12866, or any successor order; and

(2)is likely to have a significant adverse effect on the supply, distribution, or use of energy, or

(3)is designated by the Administrator of OIRA as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. This regulatory action would not have a significant adverse effect on the supply, distribution, or use of energy and is therefore not a significant energy action. Accordingly, DOE has not prepared a Statement of Energy Effects. K. Congressional Notification As required by 5 U.S.C. 801, DOE will submit to Congress a report regarding the issuance of this final rule prior to the effective date set forth at the outset of this rulemaking. The report will state that it has been determined that the rule is not a “major rule” as defined by 5 U.S.C. 801(2). L. Approval of the Office of the Secretary The Secretary of Energy has approved publication of this final rule. List of Subjects 10 CFR Part 207 Administrative practice and procedure, Energy, Penalties. 10 CFR Part 218 Administrative practice and procedure, Penalties, Petroleum allocation. 10 CFR Part 429 Confidential business information, Energy conservation, Household appliances, Imports, Incorporation by reference, Reporting and recordkeeping requirements. 10 CFR Part 431 Administrative practices and procedure, Confidential business information, Energy conservation, Incorporation by reference, Reporting and recordkeeping requirements. 10 CFR Part 490 Administrative practice and procedure, Energy conservation, Penalties. 10 CFR Part 501 Administrative practice and procedure, Electric power plants, Energy conservation, Natural gas, Petroleum. 10 CFR Part 601 Government contracts, Grant programs, Loan programs, Penalties. 10 CFR Part 820 Administrative practice and procedure, Government contracts, Penalties, Radiation protection. 10 CFR Part 824 Government contracts, Nuclear materials, Penalties, Security measures. 10 CFR Part 851 Civil penalty, Hazardous substances, Occupational safety and health, Safety, Reporting and recordkeeping requirements. 10 CFR Part 1013 Administrative practice and procedure, Claims, Fraud, Penalties. 10 CFR Part 1017 Administrative practice and procedure, Government contracts, National Defense, Nuclear Energy, Penalties, Security measures. 10 CFR Part 1050 Decorations, medals, awards, Foreign relations, Government employees, Government property, Reporting and recordkeeping requirements. Issued in Washington, DC, on January 4, 2018. John T. Lucas, Acting General Counsel. For the reasons set forth in the preamble, DOE amends chapters II, III, and X of title 10 of the Code of Federal Regulations as set forth below. PART 207—COLLECTION OF INFORMATION 1. The authority citation for part 207 continues to read as follows: Authority: 15 U.S.C. 787 *et seq.;* 15 U.S.C. 791 *et seq.;* E.O. 11790, 39 FR 23185; 28 U.S.C. 2461 note. 2. Section 207.7 is amended by revising the first sentence of paragraph (c)(1) to read as follows: § 207.7 Sanctions.

(c)* * *

(1)Any person who violates any provision of this subpart or any order issued pursuant thereto shall be subject to a civil penalty of not more than $10,371 for each violation. * * * PART 218—STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION 3. The authority citation for part 218 continues to read as follows: Authority: 15 U.S.C. 751 *et seq.;* 15 U.S.C. 787 *et seq.;* 42 U.S.C. 6201 *et seq.;* 42 U.S.C. 7101 *et seq.;* E.O. 11790, 39 FR 23185; E.O. 12009, 42 FR 46267; 28 U.S.C. 2461 note. 4. Section 218.42 is amended by revising paragraph (b)(1) to read as follows: § 218.42 Sanctions.

(b)* * *

(1)Any person who violates any provision of this part 218 or any order issued pursuant thereto shall be subject to a civil penalty of not more than $22,464 for each violation. PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT 5. The authority citation for part 429 continues to read as follows: Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note. 6. Section 429.120 is amended by revising the first sentence to read as follows: § 429.120 Maximum civil penalty. Any person who knowingly violates any provision of § 429.102(a) may be subject to assessment of a civil penalty of no more than $449 for each violation. PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT 7. The authority citation for part 431 continues to read as follows: Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note. 8. Section 431.382 is amended by revising paragraph

(b)to read as follows: § 431.382 Prohibited acts.

(b)In accordance with sections 333 and 345 of the Act, any person who knowingly violates any provision of paragraph

(a)of this section may be subject to assessment of a civil penalty of no more than $449 for each violation. PART 490—ALTERNATIVE FUEL TRANSPORTATION PROGRAM 9. The authority citation for part 490 continues to read as follows: Authority: 42 U.S.C. 7191 *et seq.;* 42 U.S.C. 13201, 13211, 13220, 13251 *et seq;* 28 U.S.C. 2461 note. 10. Section 490.604 is amended by revising paragraph

(a)to read as follows: § 490.604 Penalties and Fines.

(a)*Civil penalties.* Whoever violates § 490.603 shall be subject to a civil penalty of not more than $8,697 for each violation. PART 501—ADMINISTRATIVE PROCEDURES AND SANCTIONS 11. The authority citation for part 501 continues to read as follows: Authority: 42 U.S.C. 7101 *et seq.;* 42 U.S.C. 8301 *et seq.;* 42 U.S.C. 8701 *et seq.;* E.O. 12009, 42 FR 46267; 28 U.S.C. 2461 note. 12. Section 501.181 is amended by revising paragraph (c)(1) to read as follows: § 501.181 Sanctions.

(c)* * *

(1)Any person who violates any provisions of the Act (other than section 402) or any rule or order thereunder will be subject to the following civil penalty, which may not exceed $91,901 for each violation: Any person who operates a powerplant or major fuel burning installation under an exemption, during any 12-calendar-month period, in excess of that authorized in such exemption will be assessed a civil penalty of up to $8 for each MCF of natural gas or up to $37 for each barrel of oil used in excess of that authorized in the exemption. PART 601—NEW RESTRICTIONS ON LOBBYING 13. The authority citation for part 601 continues to read as follows: Authority: 31 U.S.C. 1352; 42 U.S.C. 7254 and 7256; 31 U.S.C. 6301-6308; 28 U.S.C. 2461 note. 14. Section 601.400 is amended by revising paragraphs (a),

(b)and

(e)to read as follows: § 601.400 Penalties.

(a)Any person who makes an expenditure prohibited herein shall be subject to a civil penalty of not less than $19,639 and not more than $196,387 for each such expenditure.

(b)Any person who fails to file or amend the disclosure form (see appendix B to this part) to be filed or amended if required herein, shall be subject to a civil penalty of not less than $19,639 and not more than $196,387 for each such failure.

(e)First offenders under paragraph

(a)or

(b)of this section shall be subject to a civil penalty of $19,639, absent aggravating circumstances. Second and subsequent offenses by persons shall be subject to an appropriate civil penalty between $19,639 and $196,387, as determined by the agency head or his or her designee. Appendix A to Part 601 [Amended] 15. Appendix A to part 601 is amended by: a. Removing “$19,246” wherever it appears and adding in its place “$19,639”. b. Removing “$192,459” wherever it appears and adding in its place “$196,387”. c. Removing the second instance of the phrase “Any person who fails to file the required certification” and adding in its place the phrase “Any person who fails to file the required statement”. PART 820—PROCEDURAL RULES FOR DOE NUCLEAR ACTIVITIES 16. The authority citation for part 820 continues to read as follows: Authority: 42 U.S.C. 2201; 2282(a); 7191; 28 U.S.C. 2461 note; 50 U.S.C. 2410. 17. Section 820.81 is amended by revising the first sentence to read as follows: § 820.81 Amount of penalty. Any person subject to a penalty under 42 U.S.C. 2282a shall be subject to a civil penalty in an amount not to exceed $205,211 for each such violation. PART 824—PROCEDURAL RULES FOR THE ASSESSMENT OF CIVIL PENALTIES FOR CLASSIFIED INFORMATION SECURITY VIOLATIONS 18. The authority citation for part 824 continues to read as follows: Authority: 42 U.S.C. 2201, 2282b, 7101 *et seq.,* 50 U.S.C. 2401 *et seq.;* 28 U.S.C. 2461 note. 19. Section 824.1 is amended by revising the second sentence to read as follows: § 824.1 Purpose and scope. * * * Subsection a. provides that any person who has entered into a contract or agreement with the Department of Energy, or a subcontract or subagreement thereto, and who violates (or whose employee violates) any applicable rule, regulation or order under the Act relating to the security or safeguarding of Restricted Data or other classified information, shall be subject to a civil penalty not to exceed $146,648 for each violation. * * * 20. Section 824.4 is amended by revising paragraph

(c)to read as follows: § 824.4 Civil penalties.

(c)The Director may propose imposition of a civil penalty for violation of a requirement of a regulation or rule under paragraph

(a)of this section or a compliance order issued under paragraph

(b)of this section, not to exceed $146,648 for each violation. PART 851—WORKER SAFETY AND HEALTH PROGRAM 21. The authority citation for part 851 continues to read as follows: Authority: 42 U.S.C. 2201(i)(3), (p); 42 U.S.C. 2282c; 42 U.S.C. 5801 *et seq.;* 42 U.S.C. 7101 *et seq.;* 50 U.S.C. 2401 *et seq.;* 28 U.S.C. 2461 note. 22. Section 851.5 is amended by revising the first sentence of paragraph

(a)to read as follows: § 851.5 Enforcement.

(a)A contractor that is indemnified under section 170d. of the AEA (or any subcontractor or supplier thereto) and that violates (or whose employee violates) any requirement of this part shall be subject to a civil penalty of up to $95,237 for each such violation.* * * 23. Appendix B to part 851 is amended by: a. Revising the last sentences of paragraphs (b)(1) and

(2)in section VI; and b. Revising paragraph 1.(e)(1) in section IX. The revisions read as follows: Appendix B to Part 851—General Statement of Enforcement Policy VI. Severity of Violations

(b)* * *

(1)* * * A Severity Level I violation would be subject to a base civil penalty of up to 100% of the maximum base civil penalty of $95,237.

(2)* * * A Severity Level II violation would be subject to a base civil penalty up to 50% of the maximum base civil penalty ($47,618). IX. Enforcement Actions *1. Notice of Violation*

(e)* * *

(1)DOE may assess civil penalties of up to $95,237 per violation per day on contractors (and their subcontractors and suppliers) that are indemnified by the Price-Anderson Act, 42 U.S.C. 2210(d). *See* 10 CFR 851.5(a). PART 1013—PROGRAM FRAUD CIVIL REMEDIES AND PROCEDURES 24. The authority citation for part 1013 continues to read as follows: Authority: 31 U.S.C. 3801-3812; 28 U.S.C. 2461 note. 25. Section 1013.3 is amended by revising paragraphs (a)(1)(iv) and (b)(1)(ii) to read as follows: § 1013.3 Basis for civil penalties and assessments.

(a)* * *

(1)* * *

(iv)Is for payment for the provision of property or services which the person has not provided as claimed, shall be subject, in addition to any other remedy that may be prescribed by law, to a civil penalty of not more than $11,181 for each such claim.

(b)* * *

(1)* * *

(ii)Contains or is accompanied by an express certification or affirmation of the truthfulness and accuracy of the contents of the statement, shall be subject, in addition to any other remedy that may be prescribed by law, to a civil penalty of not more than $11,181 for each such statement. PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION 26. The authority citation for part 1017 continues to read as follows: Authority: 42 U.S.C. 7101 *et seq.;* 50 U.S.C. 2401 *et seq.;* 42 U.S.C. 2168; 28 U.S.C. 2461 note. 27. Section 1017.29 is amended by revising paragraph

(c)to read as follows: § 1017.29 Civil penalty.

(c)*Amount of penalty.* The Director may propose imposition of a civil penalty for violation of a requirement of a regulation under paragraph

(a)of this section or a compliance order issued under paragraph

(b)of this section, not to exceed $264,093 for each violation. PART 1050—FOREIGN GIFTS AND DECORATIONS 28. The authority citation for part 1050 continues to read as follows: Authority: The Constitution of the United States, Article I, Section 9; 5 U.S.C. 7342; 22 U.S.C. 2694; 42 U.S.C. 7254 and 7262; 28 U.S.C. 2461 note. 29. Section 1050.303 is amended by revising the last sentence in paragraph

(d)to read as follows: § 1050.303 Enforcement.

(d)* * * The court in which such action is brought may assess a civil penalty against such employee in any amount not to exceed the retail value of the gift improperly solicited or received plus $20,021. [FR Doc. 2018-00206 Filed 1-10-18; 8:45 am]

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