Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2021-02-01.xml --- 86 19 Monday, February 1, 2021 Contents Agriculture Agriculture Department See Forest Service AIRFORCE Air Force Department NOTICES Environmental Impact Statements; Availability, etc.: United States Air Force F-35A Operational Beddown Air Force Reserve Command, 7715-7716 2021-01991 Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Report of Multiple Sale or Other Disposition of Certain Rifles, 7745-7746 2021-01989 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Household Pulse Survey, 7692-7693 2021-02076 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 7725-7726 2021-02050 2021-02053 2021-02054 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel:

Research Grants for Preventing Violence and Violence Related Injury, 7724-7725 2021-02051 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel: Rigorous Evaluation of Policies for their Impacts on the Primary Prevention of Multiple Forms of Violence, 7726 2021-02052 Statement of Organization, Functions, and Delegations of Authority, 7725 2021-02093 Civil Rights Civil Rights Commission NOTICES Meetings: Maine Advisory Committee, 7690 2021-01987 Nevada Advisory Committee, 7691-7692 2021-02025 2021-02026 2021-02030 Oregon Advisory Committee, 7689-7691 2021-02029 2021-02031 Coast Guard Coast Guard RULES Anchorage:

Galveston Harbor, Bolivar Roads Channel, Galveston, TX, 7647-7649 2021-02000 Drawbridge Operations: New Jersey Intracoastal Waterway, Atlantic City, NJ, 7649-7651 2021-02058 Safety Zone: Super Bowl LV; Hillsborough Bay and River, Tampa, FL, 7651-7653 2021-02107 Commerce Commerce Department See Census Bureau See First Responder Network Authority See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration NOTICES Order Denying Export Privileges:

Issam Hamade, 7693-7694 2021-02068 Community Living Administration Community Living Administration NOTICES Program Application Instructions for Adult Protective Services Funding, 7726-7728 2021-02091 Program Application Instructions for Long-Term Care Ombudsman Program Funds, 7728-7730 2021-02092 Copyright Office Copyright Office, Library of Congress RULES Music Modernization Act Transition Period Transfer and Reporting of Royalties to the Mechanical Licensing Collective; Correction, 7653 2021-02049 Corporation Corporation for National and Community Service NOTICES Privacy Act;

Matching Program, 7714-7715 2021-02071 Defense Department Defense Department See Air Force Department Education Department Education Department NOTICES Meetings: National Advisory Committee on Institutional Quality and Integrity, 7716-7718 2021-02106 Employment and Training Employment and Training Administration PROPOSED RULES Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States: Delay of Effective Date, 7656 2021-02090 Energy Department Energy Department See Federal Energy Regulatory Commission Federal Aviation Federal Aviation Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Air Tours Safety Standards, 7763-7764 2021-02072 Federal Communications Federal Communications Commission PROPOSED RULES Captioned Telephone Services Quality Metrics, 7681-7686 2021-01191 Commission Rules to Enable GSO Fixed-Satellite Service (Space-to-Earth) Operations in the 17.3-17.8 GHz Band, to Modernize Certain Rules Applicable to 17/24 GHz BSS Space Stations, and to Establish Off-Axis Uplink Power Limits for Extended Ka-Band FSS Operations, 7660-7681 2021-00047 Federal Energy Federal Energy Regulatory Commission RULES Limiting Authorizations to Proceed with Construction Activities Pending Rehearing, 7643-7646 2021-02063 NOTICES Application and Establishing Intervention Deadline:

Northern Natural Gas Co., 7719-7720 2021-02098 Application: Lock 7 Hydro Partners, LLC, 7721-7722 2021-02062 Sappi North America, Inc., Presumpscot Hydro LLC, 7723-7724 2021-02059 Combined Filings, 7718, 7723 2021-02094 2021-02096 Request for Extension of Time: Eastern Gas Transmission and Storage, Inc., 7720-7723 2021-02060 2021-02097 Waiver Period for Water Quality Certification Application: Green Mountain Power Corp., 7718 2021-02061 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 7764-7767 2021-01995 2021-01996 2021-01997 2021-01998 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Practices of Household Goods Brokers, 7777-7778 2021-02021 Qualification of Drivers; Exemption Applications: Epilepsy and Seizure Disorders, 7774-7775 2021-02018 Hearing, 7767-7768, 7772-7774 2021-02014 2021-02017 2021-02019 Vision, 7768-7772, 7775-7777 2021-02015 2021-02016 2021-02020 Financial Crimes Financial Crimes Enforcement Network NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Renewal Without Change of Regulations Requiring Additional Records to be Made and Retained by Dealers in Foreign Exchange and Additional Records to be Made and Retained by Brokers or Dealers in Securities, 7778-7783 2021-02064 FIRSTNET First Responder Network Authority NOTICES Meetings: Combined Board and Board Committees, 7694 2021-01999 Foreign Trade Foreign-Trade Zones Board NOTICES Application for Production Authority: Teijin Carbon Fibers, Inc.;

Foreign-Trade Zone

(FTZ)38; Spartanburg County, SC, 7695 2021-02086 Proposed Production Activity: BMW Manufacturing Co., LLC, Foreign-Trade Zone 38, Charleston, SC, 7694-7695 2021-02040 Forest Forest Service NOTICES Meetings: Ketchikan Resource Advisory Committee, 7688-7689 2021-02012 Saguache-Upper Rio Grande Resource Advisory Committee, 7688 2021-02013 Southern Montana Resource Advisory Committee, 7689 2021-02011 Government Ethics Government Ethics Office RULES Civil Monetary Penalties Inflation Adjustments for Ethics in Government Act Violations, 7635-7637 2021-00714 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Community Living Administration NOTICES Annual Update of the HHS Poverty Guidelines, 7732-7734 2021-01969 Extension of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures; Extension of Effective Date with Modifications, 7731-7732 2021-02102 Meetings: National Clinical Care Commission, 7730-7731 2021-02037 Homeland Homeland Security Department See Coast Guard Indian Affairs Indian Affairs Bureau PROPOSED RULES Requests for Nominations: Self-Governance Practical Reforms and Other Goals to Reinforce the Effectiveness of Self-Governance and Self-Determination Act Negotiated Rulemaking Committee Establishment, 7656-7659 2021-01149 Industry Industry and Security Bureau NOTICES Order Denying Export Privileges: Irma Lizette Trevizo, 7695-7696 2021-02067 Interior Interior Department See Indian Affairs Bureau See National Indian Gaming Commission See National Park Service RULES Civil Penalties Inflation Adjustments, 7653-7655 2021-01303 Internal Revenue Internal Revenue Service NOTICES Meetings: Taxpayer Advocacy Panel's Special Projects Committee, 7783 2021-02007 Taxpayer Advocacy Panel's Tax Forms and Publications Project Committee, 7784 2021-02008 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews, 7697-7698 2021-02077 Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Pasta from Italy, 7700-7701 2021-02039 Glycine from Thailand, 7697 2021-02083 Initiation of Five-Year (Sunset) Reviews, 7709-7710 2021-02078 Prestressed Concrete Steel Wire Strand from Argentina, Colombia, Egypt, the Netherlands, Saudi Arabia, Taiwan, the Republic of Turkey, and the United Arab Emirates, 7703-7705 2021-02081 Certain Upcoming 2021 Trade Missions, 7705-7709 2021-02022 Determination of Sales at Less Than Fair Value: Seamless Refined Copper Pipe and Tube from the Socialist Republic of Vietnam, 7698-7700 2021-02082 Determination of Sales At Less Than Fair Value: Silicon Metal from Malaysia, 7701-7703 2021-02080 Standard Steel Welded Wire Mesh from Mexico; Postponement, Extension of Provisional Measures, 7710-7713 2021-02079 Meetings: United States Travel and Tourism Advisory Board, 7696-7697 2021-01990 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from China, 7740-7743 2021-02088 Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal, 7734-7737 2021-02087 Ironing Tables and Certain Parts Thereof from China, 7737-7740 2021-02032 Potassium Permanganate from China, 7743-7745 2021-02027 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Filing of Proposed Settlement Agreement Regarding Environmental Claims in Connection with the Pioneer Metals Finishing Superfund Site, 7746-7747 2021-02023 Proposed Consent Decree, 7747 2021-02057 Labor Department Labor Department See Employment and Training Administration Library Library of Congress See Copyright Office, Library of Congress National Indian National Indian Gaming Commission RULES Annual Adjustment of Civil Monetary Penalty To Reflect Inflation, 7646-7647 2021-01413 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Meetings: Endangered and Threatened Species; Designation of Critical Habitat for the Arctic Subspecies of the Ringed Seal and Designation of Critical Habitat for the Beringia Distinct Population Segment of the Bearded Seal; Public Hearings, 7686-7687 2021-02055 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Sea Grant Program Application Requirements for Grants, for Sea Grant Fellowships, including the Dean John A. Knauss Marine Policy Fellowships, and for Designation as a Sea Grant College or Sea Grant Institution, 7713-7714 2021-02085 Taking and Importing Marine Mammals: Training Activities in the Gulf of Alaska Temporary Maritime Activities Area, 7714 C1-2020-28694 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 7734 2021-02056 National Science National Science Foundation NOTICES Meetings: Proposal Review Panel for Physics, 7747 2021-02069 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: Combined Board and Board Committees, 7694 2021-01999 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Impact Statements; Availability, etc.: NextEra Energy Point Beach, LLC; Point Beach Nuclear Plant, Units 1 and 2, 7747-7749 2021-02001 Meetings; Sunshine Act, 7749-7750 2021-02175 Postal Service Postal Service PROPOSED RULES New Outbound Commercial Provider Initiative Program Information, 7659-7660 2020-28968 NOTICES Meetings; Sunshine Act, 7750 2021-02150 Presidential Documents Presidential Documents EXECUTIVE ORDERS Climate Crisis at Home and Abroad; Efforts To Tackle (EO 14008), 7619-7633 2021-02177 Committees; Establishment, Renewal, Termination, etc.: President's Council of Advisors on Science and Technology; Establishment (EO 14007), 7615-7617 2021-02176 Securities Securities and Exchange Commission RULES Exemption from the Definition of “Clearing Agency” for Certain Activities of Security-Based Swap Dealers and Security-Based Swap Execution Facilities, 7637-7643 2020-28194 NOTICES Meetings; Sunshine Act, 7751, 7759-7760 2021-02131 2021-02155 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BYX Exchange, Inc., 7753-7754 2021-02006 Cboe Exchange, Inc., 7760-7763 2021-02005 ICE Clear Credit, LLC, 7751-7753 2021-02004 NYSE Arca, Inc., 7754-7757 2021-02003 The Nasdaq Stock Market, LLC, 7750-7751, 7757-7759 2021-02009 2021-02010 State Department State Department NOTICES Meetings: Shipping Coordination Committee; Preparation for International Maritime Organization Meeting, 7763 2021-02101 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration Treasury Treasury Department See Financial Crimes Enforcement Network See Internal Revenue Service Unified Unified Carrier Registration Plan NOTICES Meetings; Sunshine Act, 7784 2021-02145 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Advisory Committee on Disability Compensation, 7784-7785 2021-02042 National Academic Affiliations Council, 7785 2021-02041 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. 86 19 Monday, February 1, 2021 Rules and Regulations OFFICE OF GOVERNMENT ETHICS 5 CFR Parts 2634 and 2636 RIN 3209-AA55 2021 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 2021 annual adjustments to the Ethics in Government Act civil monetary penalties. DATES: *Effective date:* This final rule is effective February 1, 2021. *Applicability date:* This final rule is applicable beginning January 15, 2021. FOR FURTHER INFORMATION CONTACT: Margaret Dylus-Yukins, Assistant Counsel, General Counsel and Legal Policy Division, Office of Government Ethics, Telephone: 202-482-9300; TTY: 800-877-8339; FAX: 202-482-9237. SUPPLEMENTARY INFORMATION: I. Background 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 2021 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 2021, based on the CPI-U for October 2020, not seasonally adjusted, is 1.01182. To calculate the 2021 annual adjustment, agencies must multiply the most recent penalty by the 1.01182 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 $20,489—to a maximum of $20,731;

(2)Increase the penalty reflected in 5 CFR 2634.702(b)—which was previously adjusted to a maximum of $10,245—to a maximum of $10,366; and

(3)Increase the penalty reflected in 5 CFR 2634.701(b)—which was previously adjusted to a maximum of $61,585—to a maximum of $62,313. These adjusted penalty amounts will apply to penalties assessed after January 15, 2021 (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: January 11, 2021. 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 62,313 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 20,731

(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 10,366 4. Section 2634.703 is amended by revising paragraph

(a)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 20,731 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 20,731 [FR Doc. 2021-00714 Filed 1-29-21; 8:45 am]

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