Unknown. Final rule

3,792 words·~17 min read·/register/2019/02/26/2019-03288

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-2019-02-26.xml --- 84 38 Tuesday, February 26, 2019 Contents Agriculture Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6127 2019-03239 Civil Rights Civil Rights Commission NOTICES Meetings: New Hampshire Advisory Committee, 6127-6128 2019-03281 Coast Guard Coast Guard RULES Safety Zones: Lower Mississippi River, Mile Markers 93 to 96 Above Head of Passes, New Orleans, LA, 6080-6081 2019-03253 PROPOSED RULES Special Local Regulations:

Choptank River, Cambridge, MD, 6107-6110 2019-03254 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See Patent and Trademark Office Comptroller Comptroller of the Currency PROPOSED RULES Standardized Approach for Calculating the Exposure Amount of Derivatives Contracts; Extension of Comment Period, 6107 2019-03249 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application Package for Grantee Progress Report Data Collection, 6136-6137 2019-03273 Defense Department Defense Department NOTICES Availability for Finding of No Significant Impact for the Environmental Assessment Addressing Upgrade of the Main Gate Access Control Point at Defense Distribution Depot, San Joaquin, California, and Surrounding Area, 6137-6138 2019-03208 Charter Renewals: Federal Advisory Committees, 6138-6139 2019-03227 Meetings:

Defense Policy Board, 6139-6140 2019-03287 Employee Benefits Employee Benefits Security Administration NOTICES Exemptions: UBS Assets Management (Americas) Inc.; UBS Realty Investors LLC; UBS Hedge Fund Solutions LLC; UBS O'Connor LLC; and Certain Future Affiliates in UBS's Asset Management and Global Wealth Management U.S. Divisions (collectively, the Applicants or the UBS QPAMs) Located in Chicago, IL; Hartford, CT; New York, NY; and Chicago, IL, Respectively, 6163-6174 2019-03339 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Petition Requirements and Investigative Data Collection: Trade Act of 1974, as Amended, 6174-6175 2019-03209 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program: Energy Conservation Standards for Direct Heating Equipment, 6095-6107 2019-03270 Test Procedure for Direct Heating Equipment, 6088-6095 2019-03269 Environmental Protection Environmental Protection Agency RULES Tolerance Exemption:

Waxes and Waxy Substances, Rice Bran, Oxidized, 6081-6084 2019-03295 NOTICES Access to Confidential Business Information: Abt Associates Inc., 6142-6143 2019-03293 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Request for the Greenhouse Gas Reporting Program, 6143-6144 2019-03292 Proposed CERCLA Administrative Settlement Agreement and Order on Consent: City of Kalamazoo, MI, and City of Kalamazoo Brownfields Redevelopment Authority; Allied Paper Portage Creek/Kalamazoo River Superfund Site, Operable Unit 1, Panelyte Property, Kalamazoo MI, 6144-6145 2019-03291 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Airbus SAS Airplanes, 6067-6069 2019-03125 Dassault Aviation Airplanes, 6059-6062 2019-03122 Embraer S.A. Airplanes, 6064-6067 2019-03127 Saab AB, Saab Aeronautics (Formerly Known as Saab AB, Saab Aerosystems) Airplanes, 6062-6064 2019-03120 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Air Carrier Contract Maintenance Requirements, 6192-6193 2019-03228 Federal Communications Federal Communications Commission RULES Memorializing the Significance of the Chief Information Officer's Role, 6085 2019-03277 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 6145-6148 2019-03231 2019-03232 2019-03234 Meetings: Communications Security, Reliability, and Interoperability Council, 6147 2019-03233 Federal Deposit Federal Deposit Insurance Corporation PROPOSED RULES Standardized Approach for Calculating the Exposure Amount of Derivatives Contracts; Extension of Comment Period, 6107 2019-03249 Federal Energy Federal Energy Regulatory Commission RULES Mergers or Consolidations by a Public Utility, 6069-6076 2019-03326 NOTICES Application:

City and County of Denver, CO, 6141-6142 2019-03266 Green Mountain Power Corp., 6140 2019-03265 Sparhawk, LLC, 6141 2019-03275 Designation of Commission Staff as Non-Decisional: Total Gas and Power North America, Aaron Hall and Therese Tran, 6142 2019-03258 Environmental Assessments; Availability, etc.: New York Power Authority; Blenheim-Gilboa Pumped Storage Project, 6140-6141 2019-03259 Meetings: Mid-America Pipeline Co., LLC, Seminole Pipeline Co., LLC; Technical Conference, 6140 2019-03261 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions:

California; Proposed Highway, 6193-6194 2019-03250 Federal Railroad Federal Railroad Administration NOTICES Petition for Waiver of Compliance, 6194-6195 2019-03244 2019-03245 Federal Reserve Federal Reserve System PROPOSED RULES Standardized Approach for Calculating the Exposure Amount of Derivatives Contracts; Extension of Comment Period, 6107 2019-03249 NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 6148 2019-03297 Fish Fish and Wildlife Service RULES Endangered and Threatened Species:

Listing the Scarlet Macaw, 6278-6311 2019-03165 PROPOSED RULES Endangered and Threatened Species: Removing the Borax Lake Chub from the List of Endangered and Threatened Wildlife, 6110-6126 2019-02979 Food and Drug Food and Drug Administration PROPOSED RULES Sunscreen Drug Products for Over-the-Counter Human Use, 6204-6275 2019-03019 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Foreign Supplier Verification Programs for Food Importers, 6152-6154 2019-03282 Guidance:

Assessing the Effects of Food on Drugs in Investigational New Drug Applications and New Drug Applications—Clinical Pharmacology Considerations, 6151-6152 2019-03247 Bioavailability Studies Submitted in New Drug Applications or Investigational New Drug Applications—General Considerations, 6148-6150 2019-03246 Prescription Drug-Use-Related Software, 6150 2019-03241 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 6195-6196 2019-03314 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activity:

DSM Nutritional Products, LLC, Foreign-Trade Zone 149, Freeport, TX, 6128-6129 2019-03238 Proposed Production Activity: GlaxoSmithKline, PLC, Foreign-Trade Zone 93, Raleigh/Durham, NC, 6128 2019-03236 Subzone Application: WPG Americas Inc., Foreign-Trade Zone 262, Southaven, MS, 6129 2019-03237 Subzone Expansions; Application: Swagelok Co., Foreign-Trade Zone 40, Cleveland, OH, 6129 2019-03235 Government Ethics Government Ethics Office RULES Civil Monetary Penalties Inflation Adjustments for Ethics in Government Act Violations, 6053-6055 2019-03288 Health and Human Health and Human Services Department See Food and Drug Administration See National Institutes of Health NOTICES Opportunity to Co-Sponsor OMH National Minority Health Month Steps Challenge, 6154-6155 2019-03296 Homeland Homeland Security Department See Coast Guard See U.S.

Customs and Border Protection Interior Interior Department See Fish and Wildlife Service See National Park Service Internal Revenue Internal Revenue Service RULES Low-Income Housing Credit Compliance-Monitoring Regulations, 6076-6080 2019-03388 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6196-6201 2019-03212 2019-03213 2019-03214 2019-03216 2019-03219 2019-03220 2019-03222 Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Regulation Project, 6200 2019-03221 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Corrosion-Resistant Steel Products from Taiwan, 6129-6131 2019-03240 Large Residential Washers from the Republic of Korea, 6131-6132 2019-03309 Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People's Republic of China, 6132-6134 2019-03308 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Certain Batteries and Electrochemical Devices Containing Composite Separators, Components Thereof, and Products Containing Same, 6158-6159 2019-03294 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 61591-6163 2019-03303 2019-03304 2019-03305 2019-03306 Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Criminal Justice Reference Service Online Subscription Center, 6160 2019-03302 Proposed Consent Decree:

CERCLA, 6163 2019-03276 Labor Department Labor Department See Employee Benefits Security Administration See Employment and Training Administration NOTICES Meetings: Labor Advisory Committee for Trade Negotiation and Trade Policy, 6175 2019-03307 National Institute National Institute of Standards and Technology NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for Community Resilience Data Collections, 6134-6135 2019-03243 National Institute National Institutes of Health NOTICES Meetings:

National Institute on Alcohol Abuse and Alcoholism, 6155 2019-03207 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Historic Landmarks Nomination Form, 6157 2019-03226 Using Web and Mobile-Based Applications during National Park Service Citizen Science Events, 6157-6158 2019-03225 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 6175 2019-03456 Nuclear Regulatory Nuclear Regulatory Commission RULES List of Approved Spent Fuel Storage Casks:

Holtec International HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Amendment No. 13, 6055-6059 2019-02886 PROPOSED RULES List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Amendment No. 13, 6086-6088 2019-02887 NOTICES Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations, 6176-6183 2019-02934 Environmental Impact Statements;

Availability, etc.: United Nuclear Corporation Church Rock Project; Correction, 6175-6176 2019-03300 Meetings; Sunshine Act, 6183 2019-03337 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Madrid Protocol, 6135 2019-03224 Practitioner Conduct and Discipline, 6136 2019-03223 Postal Service Postal Service NOTICES Meetings; Sunshine Act, 6183 2019-03460 Securities Securities and Exchange Commission NOTICES Application:

Acquirers Funds, LLC, et al., 6184-6186 2019-03310 Monteagle Funds and Nashville Capital Corp., 6183-6184 2019-03311 Toroso Investments, LLC and Tidal ETF Trust, 6186-6188 2019-03312 Self-Regulatory Organizations; Proposed Rule Changes: NYSE American, LLC, 6188-6190 2019-03218 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6190 2019-03229 2019-03230 Social Social Security Administration NOTICES Agreement on Social Security between the United States and Iceland;

Entry into Force, 6190-6191 2019-03271 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Local U.S. Citizen Skills/Resources Survey, 6191 2019-03274 Request for Entry into Children's Passport Issuance Alert Program, 6191-6192 2019-03272 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration NOTICES Meetings:

Advisory Committee on Human Trafficking, 6195 2019-03280 Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office See Internal Revenue Service Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Holders or Containers Which Enter the United States Duty Free, 6156-6157 2019-03210 Importers of Merchandise Subject to Actual Use Provisions, 6155-6156 2019-03211 Separate Parts In This Issue Part II Health and Human Services Department, Food and Drug Administration, 6204-6275 2019-03019 Part III Interior Department, Fish and Wildlife Service, 6278-6311 2019-03165 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. 84 38 Tuesday, February 26, 2019 Rules and Regulations OFFICE OF GOVERNMENT ETHICS 5 CFR Parts 2634 and 2636 RIN 3209-AA45 2019 Civil Monetary Penalties Inflation Adjustments for Ethics in Government Act Violations AGENCY: Office of Government Ethics.

ACTION: Final rule. SUMMARY: In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the U.S. Office of Government Ethics is issuing this final rule to make the 2019 annual adjustments to the Ethics in Government Act civil monetary penalties. DATES: *Effective Date:* This final rule is effective February 26, 2019. *Applicability date:* This final rule is applicable January 15, 2019. 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 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, and further mandates that Federal agencies make subsequent annual inflationary adjustments of their CMPs, to be effective no later than January 15 of each year. The Ethics in Government Act of 1978 as amended, 5 U.S.C. appendix (the Ethics Act) provides for five CMPs. 1 Specifically, 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: 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.

(1)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);

(2)knowing and willful breach of a qualified trust by trustees and interested parties, 5 U.S.C. appendix 102(f)(6)(C)(i), 5 CFR 2634.702(a);

(3)negligent breach of a qualified trust by trustees and interested parties, 5 U.S.C. appendix 102(f)(6)(C)(ii), 5 CFR 2634.702(b);

(4)misuse of a public report, 5 U.S.C. appendix 105(c)(2), 5 CFR 2634.703; and

(5)violation of outside employment/activities provisions, 5 U.S.C. appendix 504(a), 5 CFR 2636.104(a). In compliance with the 2015 Act and guidance issued by the Office of Management and Budget (OMB), the U.S. Office of Government Ethics

(OGE)made previous inflationary adjustments to the five Ethics Act CMPs, and is issuing this rulemaking to effectuate the 2019 annual inflationary adjustments to those CMPs. In accordance with the 2015 Act, these 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 2019, based on the CPI-U for October 2018, not seasonally adjusted, is 1.02522. To calculate the 2019 annual adjustment, agencies must multiply the most recent penalty by the 1.02522 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 $19,639—to a maximum of $20,134;

(2)Increase the penalty reflected in 5 CFR 2634.702(b)—which was previously adjusted to a maximum of $9,819—to a maximum of $10,067; and

(3)Increase the penalty reflected in 5 CFR 2634.701(b)—which was previously adjusted to a maximum of $59,028—to a maximum of $60,517. These adjusted penalty amounts will apply to penalties assessed after January 15, 2019 (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 and OMB guidance. 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, Financial disclosure, Government employees, Penalties, Privacy, Reporting and recordkeeping requirements, Trusts and trustees. 5 CFR Part 2636 Conflict of interests, Government employees, Penalties. Dated: February 21, 2019. Emory Rounds, Director, U.S. Office of Government Ethics. For the reasons set forth in the preamble, the U.S. 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 continues to read as follows: Authority: 5 U.S.C. App.; 26 U.S.C. 1043; Pub. L. 101-410, 104 Stat. 890, 28 U.S.C. 2461 note, as amended by Sec. 31001, Pub. L. 104-134, 110 Stat. 1321 and Sec. 701, Pub. L. 114-74; 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 in Table 1 to this section, 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. Table 1 to § 2634.701 Date of violation Penalty Violation occurring between Sept. 14, 2007 and Nov. 2, 2015 $50,000 Violation occurring after Nov. 2, 2015 60,517 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 in Table 1 to this section, 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. Table 1 to § 2634.702 Date of violation Penalty Violation occurring between Sept. 29, 1999 and Nov. 2, 2015 $11,000 Violation occurring after Nov. 2, 2015 20,134

(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 in Table 2 to this section, 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. Table 2 to § 2634.702 Date of violation Penalty Violation occurring between Sept. 29, 1999 and Nov. 2, 2015 $5,500 Violation occurring after Nov. 2, 2015 10,067 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 in Table 1 to this section, 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. Table 1 to § 2634.703 Date of violation Penalty Violation occurring between Sept. 29, 1999 and Nov. 2, 2015 $11,000 Violation occurring after Nov. 2, 2015 20,134

(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 in Table 1 to this section, 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. Table 1 to § 2636.104 Date of violation Penalty Violation occurring between Sept. 29, 1999 and Nov. 2, 2015 $11,000 Violation occurring after Nov. 2, 2015 20,134 [FR Doc. 2019-03288 Filed 2-25-19; 8:45 am]

Connectionstraces to 8

Traces to 8 documents

public-private-law