Unknown. Final rule

5,571 words·~25 min read·/register/2022/01/10/2021-28446

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--- schema: federal-register doc_type: fedreg source_file: FR-2022-01-10.xml --- 87 6 Monday, January 10, 2022 Contents Agriculture Agriculture Department See Farm Service Agency See Food and Nutrition Service See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1106 2022-00175 Centers Disease Centers for Disease Control and Prevention NOTICES Requests for Nominations: Advisory Committee on Breast Cancer in Young Women, 1149-1150 2022-00211 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Head Start Grant Application, 1150 2022-00223 Civil Rights Civil Rights Commission NOTICES Meetings: Georgia Advisory Committee, 1109-1110 2022-00163 Coast Guard Coast Guard RULES Safety Zone: Deep Creek, Elizabeth River, Chesapeake, VA, 1076-1078 2022-00168 Lower Mississippi River, Mile Markers 636-655, Modoc, AR, 1078-1080 2022-00126 San Diego Bay, San Diego, CA, 1074-1076 2022-00276 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Consumer Product Consumer Product Safety Commission PROPOSED RULES Safety Standard for Magnets, 1260-1316 2021-27826 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application Package for Day of Service Project Collection Tool, 1127 2022-00219 Application Package for Schools of National Service Collection Formerly the Segal Education Award Matching Program, 1127-1128 2022-00222 Defense Department Defense Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: North Carolina Sales Tax Certification, 1148-1149 2022-00150 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Borrower Defenses Against Loan Repayment, 1129-1130 2022-00203 Education Stabilization Fund-Elementary and Secondary School Emergency Relief Fund Recipient Data Collection Form, 1128-1129 2022-00149 Student Assistance General Provisions, Annual Fire Safety Report, 1128 2022-00202 Student Assistance General Provisions, Non-Title IV Revenue Requirements (90/10), 1130 2022-00201 Employee Benefits Employee Benefits Security Administration NOTICES Exemption:

Certain Prohibited Transaction Restrictions Involving Credit Suisse Group AG, Zurich, Switzerland, 1186-1200 2022-00170 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Civil Monetary Penalty Inflation Adjustment, 1061-1065 2021-28446 NOTICES Importation or Exportation of Liquified Natural Gas or Electric Energy; Applications, Authorizations, etc.: Venture Global Calcasieu Pass, LLC, 1131-1132 2022-00173 Venture Global CP2 LNG, LLC, 1133-1134 2022-00192 Meetings:

Secretary of Energy Advisory Board, 1130-1131 2022-00172 Environmental Protection Environmental Protection Agency PROPOSED RULES Pesticides: Expansion of Crop Grouping Program VI, 1091-1105 2021-27057 Farm Service Farm Service Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Request for Special Priorities Assistance, 1106-1107 2022-00155 Federal Aviation Federal Aviation Administration RULES Special Conditions: Dassault Aviation Model Falcon 6X Airplane;

Hydrophobic Windshield Coatings in Lieu of Windshield Wipers, 1066-1068 2022-00129 Vector Aerospace Helicopter Services USA, Airbus Helicopters Model AS350B2 and AS350B3 Helicopters; Stability Augmentation System and Automatic Flight Control System, 1068-1070 2022-00096 PROPOSED RULES Airworthiness Directives: Bell Textron Canada Limited Helicopters, 1083-1086 R1-2021-28089 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 1144-1147 2022-00141 2022-00142 2022-00143 Federal Deposit Federal Deposit Insurance Corporation RULES Unsafe and Unsound Banking Practices: Brokered Deposits, 1065-1066 2021-28540 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 1147 2022-00350 Federal Emergency Federal Emergency Management Agency NOTICES Flood Hazard Determinations, 1165-1171 2022-00204 2022-00205 2022-00206 2022-00207 2022-00208 Federal Energy Federal Energy Regulatory Commission NOTICES Application:

City of Idaho Falls, 1141-1142 2022-00185 Exelon Generation Co., LLC, 1139-1140 2022-00187 FirstLight CT Hydro, LLC, 1140-1141 2022-00186 Combined Filings, 1138-1139, 1142-1144 2022-00193 2022-00194 Environment Issues: WBI Energy Transmission, Inc.; Wahpeton Expansion Project, 1135-1138 2022-00184 Filing: City of Azusa, CA, 1142 2022-00191 City of Banning, CA, 1140 2022-00196 City of Colton, CA, 1135 2022-00190 City of Pasadena, CA, 1134 2022-00195 City of Riverside, CA, 1134-1135 2022-00189 Federal Housing Finance Agency Federal Housing Finance Agency NOTICES Annual Adjustment of the Cap on Average Total Assets that Defines Community Financial Institutions, 1147 2022-00197 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers;

Exemption Applications: Hearing, 1248-1249 2022-00147 Vision, 1250-1254 2022-00148 Federal Railroad Federal Railroad Administration NOTICES Establishment of an Emergency Relief Docket for Calendar Year 2022, 1254 2022-00166 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 1147-1148 2022-00215 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 1148 2022-00214 Federal Trade Federal Trade Commission RULES Adjustments to Civil Penalty Amounts, 1070-1072 2022-00213 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Policy for Evaluation of Conservation Efforts When Making Listing Decisions, 1179-1180 2022-00139 Food and Nutrition Food and Nutrition Service NOTICES Summer Food Service Program 2022 Reimbursement Rates, 1107-1109 2022-00120 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Powell Ranger District; Utah; Powell Travel Management Project; Withdrawal, 1109 2022-00145 General Services General Services Administration RULES Federal Management Regulation:

Internet GOV Domain, 1080-1081 2021-28421 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: North Carolina Sales Tax Certification, 1148-1149 2022-00150 Government Accountability Government Accountability Office NOTICES Requests for Nominations: Medicare Payment Advisory Commission, 1149 2021-27495 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Health Resources and Services Administration See Indian Health Service See National Institutes of Health NOTICES Requests for Nominations:

Center for Indigenous Innovation and Health Equity Tribal Advisory Committee, 1153-1154 2022-00218 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Data System for Organ Procurement and Transplantation Network, 1151-1153 2022-00239 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency NOTICES Privacy Act; Systems of Records, 1171-1178 2022-00182 2022-00183 Housing Housing and Urban Development Department NOTICES Meetings:

Housing Counseling Federal Advisory Committee, 1178-1179 2022-00128 Indian Health Indian Health Service NOTICES Urban Indian Education and Research Program, 1154-1162 2022-00171 Interior Interior Department See Fish and Wildlife Service See National Park Service Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1256-1258 2022-00209 2022-00236 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Softwood Lumber Products from Canada, 1114-1117 2022-00212 Pentafluoroethane (R-125) from the People's Republic of China, 1110-1112 2022-00180 Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People's Republic of China, 1120-1122 2022-00217 Welded Line Pipe from the Republic of Korea, 1112-1114 2022-00181 Sales at Less Than Fair Value; Determinations, Investigations, etc.: Pentafluoroethane (R-125) from the People's Republic of China, 1117-1120 2022-00178 Justice Department Justice Department NOTICES Proposed Consent Decree:

Clean Air Act, 1186 2022-00198 Proposed Settlement Agreement, Stipulation, Order, and Judgment, etc.: Toxic Substances Control Act, 1186 2022-00174 Labor Department Labor Department See Employee Benefits Security Administration NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: North Carolina Sales Tax Certification, 1148-1149 2022-00150 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Customer Service, Demographic, and Smoking/Tobacco Use Information from the National Cancer Institute's Cancer Information Service, 1164-1165 2022-00230 Meetings: Center for Scientific Review, 1162-1164 2022-00132 2022-00133 National Center for Complementary and Integrative Health, 1165 2022-00177 National Institute of Allergy and Infectious Diseases, 1164 2022-00137 National Institute of Neurological Disorders and Stroke, 1163 2022-00134 National Institute of Nursing Research, 1162-1163 2022-00179 National Institute on Alcohol Abuse and Alcoholism, 1163 2022-00136 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings:

New England Fishery Management Council, 1122 2022-00176 National Park National Park Service NOTICES Intent to Repatriate Cultural Items: Beloit College, Logan Museum of Anthropology, Beloit, WI, 1180-1181 2022-00226 Nebraska State Historical Society DBA History Nebraska, Lincoln, NE, 1181-1182 2022-00225 Inventory Completion: Fowler Museum at the University of California Los Angeles, Los Angeles, CA; Correction, 1184-1185 2022-00228 State University at Buffalo, Department of Anthropology, Buffalo, NY, 1183-1184 2022-00229 Repatriation of Cultural Items:

Berkshire Museum, Pittsfield, MA, 1185-1186 2022-00227 Requests for Nominations: Advisory Committee on Reconciliation in Place Names Establishment, 1182-1183 2022-00224 National Telecommunications National Telecommunications and Information Administration NOTICES Infrastructure Investment and Jobs Act Implementation, 1122-1126 2022-00221 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 1200 2022-00246 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Performance Review Board Members, 1201 2022-00233 Postal Service Postal Service NOTICES International Product Change:

Priority Mail Express International, Priority Mail International, First-Class Package International Service and Commercial ePacket Agreement, 1201 2022-00210 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 1246-1247 2022-00319 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 1201-1203 2022-00157 MIAX PEARL, LLC, 1203-1231 2022-00153 2022-00158 Nasdaq BX, Inc., 1231-1238 2022-00154 Nasdaq PHLX LLC, 1238-1246 2022-00156 NYSE Arca, Inc., 1238 2022-00152 State Department State Department RULES Acquisition Regulation:

Access to Contractor Records, 1081-1082 2022-00073 Department of State 2022 Civil Monetary Penalties Inflationary Adjustment, 1072-1074 2022-00235 NOTICES Culturally Significant Object Being Imported for Exhibition: Fictions of Emancipation: Carpeaux Recast, 1247 2022-00159 Lygia Pape: Tecelar, 1247 2022-00161 Women and the Making of Joyce's Ulysses, 1247 2022-00160 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 1254-1256 2022-00135 Treasury Treasury Department See Internal Revenue Service Veteran Affairs Veterans Affairs Department PROPOSED RULES Approval Requirements for Courses Designed to Prepare Individuals for Licensure or Certifications, 1087-1091 2021-27942 Separate Parts In This Issue Part II Consumer Product Safety Commission, 1260-1316 2021-27826 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. 87 6 Monday, January 10, 2022 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 on January 10, 2022. 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, *preeti.chaudhari@hq.doe.gov.* 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 required 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 2022 is issued in accordance with applicable law and OMB's guidance memorandum on implementation of the 2022 annual adjustment. 1 1 OMB's annual guidance memorandum was issued on December 15, 2021, providing the 2022 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 2022 is 1.06222. In order to complete the 2022 annual adjustment, each CMP is multiplied by the 2022 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 $10,949 $11,630. 10 CFR 218.42 $23,714 $25,189. 10 CFR 429.120 $474 $503. 10 CFR 431.382 $474 $503. 10 CFR 490.604 $9,180 $9,751. 10 CFR 501.181 −$97,014 −$8/mcf −$39/bbl. −$103,050. −$8/mcf. −$41/bbl. 10 CFR 601.400 and appendix A −minimum $20,731 −maximum $207,314 −minimum $22,021. −maximum $220,213. 10 CFR 820.81 $216,628 $230,107. 10 CFR 824.1 $154,806 $164,438. 10 CFR 824.4 $154,806 $164,438. 10 CFR 851.5 and appendix B $100,535 $106,790. 10 CFR 1013.3 $11,803 $12,537. 10 CFR 1017.29 $278,786 $296,132. 10 CFR 1050.303 $21,135 $22,450. 42 U.S.C. 2282(a) 2 $105,563 $112,131. 50 U.S.C. 2731 3 $9,476 $10,066. IV. Final Rulemaking 2 Adjustment applies only to violations of 42 U.S.C. 2077(b), consistent with Public Law 115-232 (August 13, 2018). 3 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 previously, 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 the Office of Information and Regulatory Affairs

(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. Signing Authority This document of the Department of Energy was signed on December 20, 2021, by Samuel Walsh, General Counsel, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the **Federal Register** . Signed in Washington, DC, on December 28, 2021. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. 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 $11,630 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 or any order issued pursuant thereto shall be subject to a civil penalty of not more than $25,189 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 $503 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 $503 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 $9,751 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 in this subchapter or order under this subchapter or the Act will be subject to the following civil penalty, which may not exceed $103,050 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 $41 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 by this part shall be subject to a civil penalty of not less than $22,021 and not more than $220,213 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 by this part, shall be subject to a civil penalty of not less than $22,021 and not more than $220,213 for each such failure.

(e)First offenders under paragraph

(a)or

(b)of this section shall be subject to a civil penalty of $22,021, absent aggravating circumstances. Second and subsequent offenses by persons shall be subject to an appropriate civil penalty between $22,021 and $220,213, 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 “$20,731” wherever it appears and adding in its place “$22,021”; and b. Removing “$207,314” wherever it appears and adding in its place “$220,213”. 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 $230,107 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, regulations in this chapter, 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 $164,438 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 $164,438 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 $106,790 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 $106,790.

(2)* * * A Severity Level II violation would be subject to a base civil penalty up to 50% of the maximum base civil penalty ($53,395). IX. Enforcement Actions 1. Notice of Violation

(e)* * *

(1)DOE may assess civil penalties of up to $106,790 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 reads 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 $12,537 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 $12,537 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 $296,132 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 $22,450. [FR Doc. 2021-28446 Filed 1-7-22; 8:45 am]

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