Unknown. Final rule

4,197 words·~19 min read·/register/2020/01/15/2020-00479·

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-2020-01-15.xml --- 85 10 Wednesday, January 15, 2020 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Supplemental Evidence and Data Request: Treatments for Acute Episodic Migraine, 2426-2429 2020-00488 Agriculture Agriculture Department See Forest Service Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2384-2385 2020-00461 Coast Guard Coast Guard RULES Regulated Navigation Area:

Monongahela, Allegheny, and Ohio Rivers, Pittsburgh, PA, 2305-2307 2020-00198 Safety Zone: Neches River, Beaumont, TX, 2307-2309 2020-00299 Ohio River, Owensboro, KY, 2309-2311 2020-00298 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Defense Department Defense Department RULES Federal Acquisition Regulation: Federal Acquisition Circular 2020-04; Introduction, 2616 2020-00024 Federal Acquisition Circular 2020-04;

Small Entity Compliance Guide, 2619 2020-00026 Trade Agreements Thresholds, 2616-2619 2020-00025 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Student Aid User Experience Design Research Generic Clearance, 2412-2413 2020-00498 Statewide Longitudinal Data System Survey 2020-2022, 2411-2412 2020-00460 Annual Notice of Interest Rates: Fixed-Rate Federal Student Loans Made under the William D.

Ford Federal Direct Loan Program, 2417-2419 2020-00569 Variable-Rate Federal Student Loans Made Under the Federal Family Education Loan Program Prior to July 1, 2010, 2415-2417 2020-00570 Variable-Rate Federal Student Loans Made Under the William D. Ford Federal Direct Loan Program, 2413-2414 2020-00572 Employee Benefits Employee Benefits Security Administration RULES Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2020, 2292-2303 2020-00486 Employment and Training Employment and Training Administration RULES Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2020, 2292-2303 2020-00486 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Meetings:

President's Council of Advisors on Science and Technology, 2419-2420 2020-00511 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; Northern Sierra Air Quality Management District; Reasonably Available Control Technology, 2313-2315 2020-00179 Extreme Area Submission Requirements, Coachella Valley Nonattainment Area; California Ozone, 2311-2313 2020-00178 Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants:

New Mexico and Albuquerque-Bernalillo County, NM; Control of Emissions From Existing Other Solid Waste Incineration Units, 2316-2317 2020-00288 PROPOSED RULES Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants: New Mexico and Albuquerque-Bernalillo County, New Mexico; Control of Emissions From Existing Other Solid Waste Incineration Units, 2359 2020-00287 NOTICES Access by United States Environmental Protection Agency Subcontractor to Information Claimed as Confidential Business Information Submitted under Clean Air Act, Title I, Programs and Activities Air, and Title II Emission Standards for Moving Sources, and Act to Prevent Pollution from Ships, 2422-2423 2020-00548 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Air Pollution Regulations for Outer Continental Shelf Activities, 2421-2422 2020-00489 Farm Credit System Insurance Farm Credit System Insurance Corporation RULES Rules of Practice and Procedure: Adjusting Civil Money Penalties for Inflation, 2283-2284 2020-00464 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus SAS Airplanes, 2284-2289 2019-27884 Amendment of Class D and Class E Airspace: Eagle County, CO, 2291-2292 2020-00412 Amendment of Class E Airspace:

Walla Walla, WA, 2289-2291 2020-00411 PROPOSED RULES Amendment of Class E Airspace: Bend, OR, 2327-2328 2020-00404 Establishment of Class E Airspace: Hardin, MT, 2330-2331 2020-00405 Mountain Home, ID, 2328-2330 2020-00406 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Aircraft Registration, 2481 2020-00531 Federal Bureau Federal Bureau of Investigation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2441 2020-00524 Federal Communications Federal Communications Commission RULES Annual Adjustment of Civil Monetary Penalties to Reflect Inflation, 2318-2319 2020-00459 PROPOSED RULES Implementation of the National Suicide Hotline Improvement Act of 2018, 2359-2369 2019-28429 NOTICES Radio Broadcasting Services:

AM or FM Proposals To Change The Community of License, 2423 2020-00518 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 2420-2421 2020-00513 2020-00514 Filing: Enable Mississippi River Transmission, LLC, 2420 2020-00515 Federal Motor Federal Motor Carrier Safety Administration NOTICES Parts and Accessories Necessary for Safe Operation: Vision Systems North America, Inc.; Application for an Exemption, 2486-2489 2020-00556 Qualification of Drivers; Exemption Applications:

Hearing, 2483-2486 2020-00554 2020-00555 Request for Information: Large Truck Crash Causal Factors Study, 2481-2483 2020-00557 Federal Railroad Federal Railroad Administration PROPOSED RULES Brake System Safety Standards and Codification of Waivers, 2494-2519 2019-27749 NOTICES Application for Approval of Discontinuance or Modification of a Railroad Signal System, 2489 2020-00502 Petition for Waiver of Compliance, 2489-2490 2020-00499 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2424-2425 2020-00487 Federal Transit Federal Transit Administration NOTICES Establishment of Emergency Relief Docket for Calendar Year 2020, 2490-2491 2020-00539 Forest Forest Service NOTICES Boundary Establishment: Rio Chama National Wild and Scenic River, Santa Fe National Forest, Carson National Forest, and Bureau of Land Management Taos Field Office, Rio Arriba County, NM, 2384 2020-00456 Sipsey Fork of the West Fork National Wild and Scenic River, Bankhead National Forest, Lawrence and Winston Counties, AL, 2383 2020-00458 Meetings:

Allegheny Resource Advisory Committee, 2384 2020-00455 Black Hills National Forest Advisory Board, 2383 2020-00457 General Services General Services Administration RULES Federal Acquisition Regulation: Federal Acquisition Circular 2020-04; Introduction, 2616 2020-00024 Federal Acquisition Circular 2020-04; Small Entity Compliance Guide, 2619 2020-00026 Trade Agreements Thresholds, 2616-2619 2020-00025 NOTICES Meetings: Office of Federal High-Performance Buildings; Green Building Advisory Committee, 2425 2020-00503 Government Accountability Government Accountability Office NOTICES Requests for Nominations:

Medicare Payment Advisory Commission, 2426 2020-00521 Government Ethics Government Ethics Office RULES 2020 Civil Monetary Penalties Inflation Adjustments for Ethics in Government Act Violations, 2279-2281 2020-00479 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Request for Comments on Questions: National Clinical Care Commission, 2429-2430 2020-00505 Homeland Homeland Security Department See Coast Guard NOTICES Meetings:

President's National Security Telecommunications Advisory Committee Meeting, 2434-2435 2020-00530 Housing Housing and Urban Development Department PROPOSED RULES Fair Housing Act Design and Construction Requirements: Adoption of Additional Safe Harbors, 2354-2359 2020-00233 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: OneCPD Technical Assistance and Capacity Building Needs Assessment, 2435 2020-00533 Interior Interior Department See Land Management Bureau See National Park Service See Ocean Energy Management Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Cold-Rolled Steel Flat Products from the People's Republic of China, 2399-2400 2020-00491 Forged Steel Fluid End Blocks from the Federal Republic of Germany, India, Italy and the People's Republic of China, 2385-2390 2020-00490 Fresh Garlic from the People's Republic of China, 2400-2402 2020-00492 Determination of Sales at Less Than Fair Value: Forged Steel Fluid End Blocks from the Federal Republic of Germany, India, and Italy, 2394-2399 2020-00493 Initiation of Less-Than-Fair-Value Investigation: 4th Tier Cigarettes from the Republic of Korea, 2390-2394 2020-00452 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Wood Mouldings and Millwork Products from Brazil and China, 2438-2439 2020-00465 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Dissolving Microneedle Patches for Cosmetic and Pharmaceutical Use, 2439-2440 2020-00509 Certain Wearable Monitoring Devices, Systems, and Components Thereof, 2440-2441 2020-00510 Justice Department Justice Department See Federal Bureau of Investigation See Justice Programs Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2443-2444 2020-00527 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Community Oriented Policing Services Application Package, 2442-2443 2020-00525 Report of Theft or Loss of Controlled Substance, 2441-2442 2020-00523 Proposed Consent Decree: CERCLA, 2442 2020-00522 Justice Programs Justice Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2444-2445 2020-00526 Labor Department Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Mine Safety and Health Administration See Occupational Safety and Health Administration See Wage and Hour Division See Workers Compensation Programs Office Land Land Management Bureau NOTICES Eligibility Criteria:

Tribal and Alaska Native Biomass Demonstration Projects, 2436-2437 2020-00529 Mine Mine Safety and Health Administration RULES Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2020, 2292-2303 2020-00486 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation: Federal Acquisition Circular 2020-04; Introduction, 2616 2020-00024 Federal Acquisition Circular 2020-04; Small Entity Compliance Guide, 2619 2020-00026 Trade Agreements Thresholds, 2616-2619 2020-00025 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 2430-2432 2020-00471 2020-00472 National Center for Advancing Translational Sciences, 2433 2020-00473 National Institute of Dental and Craniofacial Research, 2433 2020-00476 National Institute on Aging, 2431 2020-00474 National Institute on Deafness and Other Communication Disorders, 2430 2020-00475 Statement of Delegation of Authority, 2433 2020-00550 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska:

Pacific cod by Pot Catcher/Processors in the Bering Sea and Aleutian Islands Management Area, 2326 2020-00537 Fisheries of the Northeastern United States: Expanding the Scallop Dredge Exemption Areas under the Northeast Multispecies Fishery Management Plan, 2320-2326 2019-28455 PROPOSED RULES Take of Marine Mammals Incidental to Specified Activities Rocky Intertidal Monitoring Surveys Along the Oregon and California Coasts, 2369-2382 2020-00394 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2409-2411 2020-00462 2020-00536 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Nautical Discrepancy Reporting System, 2410-2411 2020-00507 Southeast Region Permit Family of Forms, 2408-2409 2020-00506 Takes of Marine Mammals Incidental to Specified Activities: Gustavus Ferry Terminal Improvements Project, 2403-2408 2020-00470 National Park National Park Service NOTICES Charter Renewal: National Park System Advisory Board, 2437 2020-00478 National Science National Science Foundation NOTICES Meetings;

Sunshine Act, 2445 2020-00595 National Transportation National Transportation Safety Board RULES Civil Monetary Penalty Annual Inflation Adjustment, 2319-2320 2020-00532 Nuclear Regulatory Nuclear Regulatory Commission RULES Adjustment of Civil Penalties for Inflation for Fiscal Year 2020, 2281-2283 2020-00304 NOTICES Revision of the NRC Enforcement Policy, 2445-2446 2020-00305 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2020, 2292-2303 2020-00486 Ocean Energy Management Ocean Energy Management Bureau NOTICES Environmental Impact Statements;

Availability, etc.: Outer Continental Shelf (OCS), Gulf of Mexico (GOM), Oil and Gas Lease Sales for 2020, 2437 2020-00500 Pension Benefit Pension Benefit Guaranty Corporation RULES Adjustment of Civil Penalties for Inflation, 2304-2305 2020-00222 Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits, 2303-2304 2020-00332 Postal Regulatory Postal Regulatory Commission NOTICES Postal Service Performance Report and Performance Plan, 2446-2447 2020-00450 Railroad Retirement Railroad Retirement Board NOTICES Meetings;

Sunshine Act, 2447 2020-00583 Securities Securities and Exchange Commission PROPOSED RULES Amending the ``Accredited Investor'' Definition, 2574-2613 2019-28304 Amendments to Rule 2-01, Qualifications of Accountants, 2332-2354 2019-28476 Disclosure of Payments by Resource Extraction Issuers, 2522-2571 2019-28407 NOTICES Application: Goldman Sachs Real Estate Diversified Income Fund, et al., 2465-2468 2020-00451 Self-Regulatory Organizations; Proposed Rule Changes: New York Stock Exchange, LLC, 2468-2474 2020-00482 NYSE American, LLC, 2453-2459 2020-00484 NYSE Arca, Inc., 2447-2453, 2474-2480 2020-00480 2020-00483 NYSE National, Inc., 2459-2465 2020-00485 Small Business Small Business Administration NOTICES Disaster Declaration:

Mississippi, 2480 2020-00519 South Dakota, 2480-2481 2020-00520 South Dakota; Public Assistance Only, 2480 2020-00528 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Signs and Wonders: The Photographs of John Beasley Greene, 2481 2020-00409 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2433-2434 2020-00501 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Federal Transit Administration Wage Wage and Hour Division RULES Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2020, 2292-2303 2020-00486 Workers' Workers Compensation Programs Office RULES Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2020, 2292-2303 2020-00486 Separate Parts In This Issue Part II Transportation Department, Federal Railroad Administration, 2494-2519 2019-27749 Part III Securities and Exchange Commission, 2522-2571 2019-28407 Part IV Securities and Exchange Commission, 2574-2613 2019-28304 Part V Defense Department, 2616-2619 2020-00024 2020-00026 2020-00025 General Services Administration, 2616-2619 2020-00024 2020-00026 2020-00025 National Aeronautics and Space Administration, 2616-2619 2020-00024 2020-00026 2020-00025 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. 85 10 Wednesday, January 15, 2020 Rules and Regulations OFFICE OF GOVERNMENT ETHICS 5 CFR Parts 2634 and 2636 RIN 3209-AA49 2020 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 2020 annual adjustments to the Ethics in Government Act civil monetary penalties. DATES: This final rule is effective January 15, 2020. 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 2020 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 2020, based on the CPI-U for October 2019, not seasonally adjusted, is 1.01764. To calculate the 2020 annual adjustment, agencies must multiply the most recent penalty by the 1.01764 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 $20,134—to a maximum of $20,489;

(2)Increase the penalty reflected in 5 CFR 2634.702(b)—which was previously adjusted to a maximum of $10,067—to a maximum of $10,245; and

(3)Increase the penalty reflected in 5 CFR 2634.701(b)—which was previously adjusted to a maximum of $60,517—to a maximum of $61,585. These adjusted penalty amounts will apply to penalties assessed after January 15, 2020 (the effective 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: January 9, 2020. 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; Pub. L. 112-105, 126 Stat. 291; 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 61,585 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 20,489

(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 10,245 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 20,489

(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 20,489 [FR Doc. 2020-00479 Filed 1-14-20; 8:45 am]

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