Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2022-01-18.xml --- 87 11 Tuesday, January 18, 2022 Contents Agriculture Agriculture Department See Office of Partnerships and Public Engagement AIRFORCE Air Force Department NOTICES Environmental Impact Statements; Availability, etc. Regional Special Use Airspace Optimization to support Air Force missions in Arizona, 2597-2599 2022-00749 Army Army Department NOTICES Appointments: Board of Directors of the Army West Point Athletic Association, 2599 2022-00762 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2613-2614 2022-00735 Meetings: Advisory Panel on Outreach and Education, 2614-2616 2022-00745 Coast Guard Coast Guard RULES Safety Zone: St. Clair Icy Bazaar Fireworks, St. Clair River, MI, 2550-2552 2022-00792 Security Zone: Corpus Christi Ship Channel, Corpus Christi, TX, 2552-2554 2022-00786 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Climate Risk Range of Practice Questionnaire, 2667-2669 2022-00843 Leasing, 2665-2666 2022-00838 Libor Self-Assessment, 2666-2667 2022-00842 Request for a Religious Exception to the COVID-19 Vaccine Requirement and Request for a Medical Exception to the COVID-19 Vaccine Requirement, 2669-2670 2022-00836 Defense Department Defense Department See Air Force Department See Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Claims and Appeals, 2612-2613 2022-00845 Meetings: Defense Business Board, 2599-2600 2022-00818 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: International Computer and Information Literacy Study; Main Study Sampling, Recruitment, and Data Collection, 2600-2601 2022-00754 Applications for New Awards: College Assistance Migrant Program, 2600 2022-00788 Energy Department Energy Department See Energy Information Administration See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program:

Test Procedures for Cooking Products, 2559-2561 2022-00725 NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Nevada, 2601-2602 2022-00790 Energy Information Energy Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2602-2603 2022-00736 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Illinois; Removal of Infrastructure State Implementation Plan Requirements for the 2012 PM <sup>2.5</sup> and 2015 Ozone National Ambient Air Quality Standards, 2554-2555 2022-00785 Ohio;

Partial Approval and Partial Disapproval of the Muskingum River Sulfur Dioxide Nonattainment Area Plan, 2555-2557 2022-00784 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Wyoming; Proposed Revisions to Regional Haze State Implementation Plan; Disapproval, 2571-2587 2022-00777 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Bonham, TX, 2538-2539 2022-00571 Columbus, GA, 2536-2538 2022-00651 Columbus, OH, 2540-2541 2022-00568 Hereford, TX, 2541-2542 2022-00566 Airworthiness Directives:

Leonardo S.p.a. (Type Certificate Previously Held by Agusta S.p.A.) Helicopters, 2528-2530 2022-00759 Leonardo S.p.a. Helicopters, 2530-2532 2022-00757 The Boeing Company Airplanes, 2525-2527, 2532-2536 2022-00584 2022-00585 2022-00588 PROPOSED RULES Airspace Designations and Reporting Points: Fairbanks, AK, 2569-2571 2022-00791 Lawrenceville, GA, 2568-2569 2022-00755 Watonga, OK, 2566-2567 2022-00567 Airworthiness Directives: CFM International, S.A. Turbofan Engines, 2563-2566 2022-00509 Special Conditions:

FedEx Express, Airbus Model A321-200 Airplanes; Installation of an Infrared Laser Countermeasure System, 2561-2563 2022-00505 Federal Communications Federal Communications Commission NOTICES Accessibility Rules for Closed Captioning Display Settings, 2607-2609 2022-00782 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2609 2022-00828 Radio Broadcasting Services: AM or FM Proposals to Change the Community of License, 2609 2022-00820 Federal Emergency Federal Emergency Management Agency NOTICES Meetings:

Pandemic Response Voluntary Agreement under the Defense Production Act, 2630-2631 2022-00809 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2603-2604 2022-00813 Combined Filings, 2605-2607 2022-00805 2022-00808 Environmental Assessments; Availability, etc.: Aspinook Hydro, LLC, 2605 2022-00812 Jordan Hydroelectric, LP, 2606-2607 2022-00815 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Lancaster Area Battery Storage, LLC, 2606 2022-00806 Permit Application: PacifiCorp, 2604-2605 2022-00814 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions: Proposed Highway in Alaska, 2663-2664 2022-00747 Federal Mediation Federal Mediation and Conciliation Service NOTICES Privacy Act; System of Records, 2609-2612 2022-00839 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 2612 2022-00844 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings, 2612 2022-00840 Federal Transit Federal Transit Administration NOTICES Charter Renewals:

Transit Advisory Committee for Safety, 2664 2022-00685 Fish Fish and Wildlife Service NOTICES Permits, Applications, Issuances, etc.: Endangered and Threatened Species, 2631-2633 2022-00807 Enhancement of Survival; Agricultural Candidate Conservation Agreement with Assurances for Lesser Prairie Chicken in Oklahoma, 2635-2636 2022-00794 Foreign Endangered Species, 2633-2635 2022-00797 Food and Drug Food and Drug Administration RULES Medical Devices: Cardiovascular Devices; Classification of the Electrocardiograph Software for Over-the-Counter Use, 2547-2549 2022-00827 New Method for the Analysis of Sulfites in Foods, 2542-2547 2022-00816 NOTICES Drug Products not Withdrawn from Sale for Reasons of Safety or Effectiveness:

Pepcid (Famotidine) Tablet, 20 Milligrams and 40 Milligrams, 2616-2617 2022-00832 Withdrawal of Approval of Drug Application: Fresenius USA, Inc., et al.; Correction, 2616 2022-00831 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Claims and Appeals, 2612-2613 2022-00845 Government Ethics Government Ethics Office RULES Civil Monetary Penalty Inflation Adjustment, 2523-2525 2022-00795 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2617-2626 2022-00743 2022-00746 2022-00753 2022-00756 2022-00758 2022-00760 2022-00761 2022-00763 2022-00767 2022-00768 2022-00769 2022-00770 2022-00775 2022-00776 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Industry Industry and Security Bureau NOTICES Denial of Export Privileges, 2590-2594 2022-00799 2022-00800 2022-00801 2022-00803 Meetings: Sensors and Instrumentation Technical Advisory Committee, 2590 2022-00764 Interior Interior Department See Fish and Wildlife Service See National Indian Gaming Commission NOTICES Report on the Department of the Interior Federal Financial Assistance Infrastructure Programs Subject to the Build America, Buy America Act Provisions of the Infrastructure Investment and Jobs Act, 2636-2637 2022-00958 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews, 2594-2595 2022-00847 Justice Department Justice Department NOTICES Proposed Consent Decree:

Clean Water Act, 2637-2638 2022-00817 Legal Legal Services Corporation NOTICES Financial Guide for Grantees, 2638 2022-00796 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Claims and Appeals, 2612-2613 2022-00845 National Council National Council on Disability NOTICES Meetings; Sunshine Act, 2638-2639 2022-00969 National Endowment for the Arts National Endowment for the Arts NOTICES Meetings:

Arts Advisory Panel, 2639 2022-00780 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2664-2665 2022-00830 National Indian National Indian Gaming Commission RULES Annual Adjustment of Civil Monetary Penalty to Reflect Inflation, 2549-2550 2022-00835 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 2628 2022-00819 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 2628 2022-00823 National Eye Institute, 2627-2628 2022-00824 National Institute of Allergy and Infectious Diseases, 2626-2627 2022-00779 2022-00783 National Institute on Deafness and Other Communication Disorders, 2626-2627 2022-00821 Office of the Director, 2627 2022-00781 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska:

Groundfish in the Red King Crab Savings Subarea of the Bering Sea and Aleutian Islands Management Area, 2558 2022-00739 Fisheries of the Northeastern United States: Retroactive Quota Transfer from Massachusetts to Connecticut, 2557-2558 2022-00738 PROPOSED RULES Fisheries of the Northeastern United States: Northeast Skate Complex; 2022 and 2023 Specifications, 2587-2588 2022-00629 NOTICES Permits; Applications, Issuances, etc.: Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic, 2595-2597 2022-00737 National Science National Science Foundation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Computer and Information Science and Engineering Research Experiences for Undergraduates Sites and Supplements Evaluation, 2639-2641 2022-00834 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions, 2641-2642 2022-00741 Nuclear Waste Technical Nuclear Waste Technical Review Board NOTICES Meetings, 2642-2643 2022-00740 OPPE Office of Partnerships and Public Engagement NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2589-2590 2022-00789 Science Technology Science and Technology Policy Office NOTICES Performance Review Board Members, 2643 2022-00802 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 2655 2022-00920 Self-Regulatory Organizations; Proposed Rule Changes: LCH SA, 2647-2650 2022-00751 MEMX, LLC, 2655-2662 2022-00750 MIAX PEARL, LLC, 2653-2655 2022-00773 National Securities Clearing Corp., 2650-2653 2022-00774 The Nasdaq Stock Market LLC, 2643-2647 2022-00752 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition:

DreamWorks Animation: The Exhibition Journey from Sketch to Screen, 2663 2022-00787 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2629-2630 2022-00859 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Comptroller of the Currency Unified Unified Carrier Registration Plan NOTICES Meetings;

Sunshine Act, 2670 2022-00915 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certification of Lessons Completed, 2671 2022-00730 Claim for One Sum Payment Government Life Insurance and Claim for Monthly Payments Government Life Insurance, 2670-2671 2022-00744 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 11 Tuesday, January 18, 2022 Rules and Regulations OFFICE OF GOVERNMENT ETHICS 5 CFR Parts 2634 and 2636 RIN 3209-AA60 2022 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 2022 annual adjustments to the Ethics in Government Act civil monetary penalties. DATES: *Effective date:* This final rule is effective January 18, 2022. *Applicability date:* This final rule is applicable beginning January 15, 2022. 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 U.S. Office of Government Ethics

(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 2022 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 2022, based on the CPI-U for October 2021, not seasonally adjusted, is 1.06222. To calculate the 2022 annual adjustment, agencies must multiply the most recent penalty by the 1.06222 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 $20,731—to a maximum of $22,021;

(2)Increase the penalty reflected in 5 CFR 2634.702(b)—which was previously adjusted to a maximum of $10,366—to a maximum of $11,011; and

(3)Increase the penalty reflected in 5 CFR 2634.701(b)—which was previously adjusted to a maximum of $62,313—to a maximum of $66,190. These adjusted penalty amounts will apply to penalties assessed after January 15, 2022 (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. Approved: January 12, 2022. 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 66,190 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 22,021

(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 11,011 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 22,021 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 22,021 [FR Doc. 2022-00795 Filed 1-14-22; 8:45 am]

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