Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2024-01-09.xml --- 89 6 Tuesday, January 9, 2024 Contents Agency Agency for International Development NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Workforce and Organizational Surveys, 1060 2024-00207 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Natural Resources Conservation Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 1060-1061 2024-00226 AIRFORCE Air Force Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1083 2024-00254 Animal Animal and Plant Health Inspection Service NOTICES Reclassification: Nuevo Leon, Mexico to Level V for Bovine Tuberculosis, 1061 2024-00265 Centers Disease Centers for Disease Control and Prevention NOTICES Hearings, Meetings, Proceedings, etc., 1095 2024-00214 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Medicaid and Children's Health Insurance Program, 1095-1097 2024-00205 Coast Guard Coast Guard NOTICES Hearings, Meetings, Proceedings, etc.: National Maritime Security Advisory Committee, 1111-1112 2024-00175 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Defense Department Defense Department See Air Force Department PROPOSED RULES Acquisition Regulation:

Improving Consistency between Procurement and Nonprocurement Procedures on Suspension and Debarment, 1043-1053 2024-00172 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1083-1086 2024-00174 2024-00256 2024-00261 2024-00173 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Migrant Student Information Exchange User Application Form, 1086 2024-00255 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Civil Monetary Penalty Inflation Adjustment, 1025-1029 2023-28828 NOTICES National Definition for a Zero Emissions Building:

Part 1 Operating Emissions Version 1.00, Draft Criteria, 1086-1088 2024-00203 Environmental Protection Environmental Protection Agency PROPOSED RULES Clarifying the Scope of Applicable Requirements under State Operating Permit Programs and the Federal Operating Permit Program, 1150-1189 2023-27759 NOTICES Toxic Substances Control Act New Chemicals Program Decision Framework: Hazard Identification of Eye Irritation and Corrosion, 1093-1094 2024-00169 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Airplanes, 1030-1033 2024-00300 PROPOSED RULES Airworthiness Directives: Pratt and Whitney Turbofan Engines, 1038-1042 2024-00309 NOTICES Petition for Exemption; Summary: Software Development Alternatives, Inc., 1138-1139 2024-00191 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 1094 2024-00333 Federal Emergency Federal Emergency Management Agency NOTICES Disaster or Emergency Declaration and Related Determination:

Alaska; Amendment No. 2, 1118 2024-00241 Alaska; Amendment No. 5, 1119 2024-00237 Arkansas, 1118 2024-00242 California, 1113 2024-00244 Illinois, 1115-1116 2024-00243 Kentucky; Amendment No. 12, 1116 2024-00234 Kentucky; Amendment No. 14, 1115 2024-00235 Kentucky; Amendment No. 2, 1112-1113 2024-00239 Kentucky; Amendment No. 3, 1117 2024-00238 Louisiana; Amendment No. 1, 1116 2024-00231 Louisiana; Amendment No. 2, 1116-1117 2024-00232 Massachusetts; Amendment No. 1, 1113-1114 2024-00230 Mississippi;

Amendment No. 1, 1117 2024-00229 Puerto Rico; Amendment No. 18, 1113 2024-00236 Tennessee, 1114-1115 2024-00245 Vermont; Amendment No. 10, 1117-1118 2024-00240 Virgin Islands, 1114 2024-00233 Federal Energy Federal Energy Regulatory Commission RULES Annual Update of Filing Fees, 1033-1034 2024-00045 NOTICES Combined Filings, 1091-1093 2024-00222 2024-00224 Extension of Time: Ozark Gas Transmission, LLC, 1090-1091 2024-00225 Request under Blanket Authorization: Transwestern Pipeline Co., LLC, 1088-1090 2024-00223 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 1141-1142 2024-00213 Requests for Nominations: Working Group on Covered Resources, 1139-1141 2024-00251 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Fees for the Unified Carrier Registration Plan and Agreement, 1053-1059 2024-00262 NOTICES Exemption Application: Qualification of Drivers; Hearing, 1143 2024-00258 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 1094-1095 2024-00166 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Species:

Initiation of 5-Year Status Reviews of the Aleutian Shield Fern and the Alaska Breeding Population of Steller's Eider, 1125-1126 2024-00257 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Participation in Food and Drug Administration Fellowship and Traineeship Programs, 1100-1101 2024-00220 Expedited Programs for Serious Conditions-Drugs and Biologics, 1101-1103 2024-00217 Extralabel Drug Use in Animals, 1099-1100 2024-00219 Generic Clearance for the Collection of Qualitative Data on Tobacco Products and Communications, 1097-1099 2024-00221 Priority Review Voucher:

Rare Pediatric Disease Product, 1097 2024-00263 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activity: Twin Disc, Inc., Foreign-Trade Zone 297, Lufkin, TX, 1063 2024-00202 General Services General Services Administration PROPOSED RULES Acquisition Regulation: Improving Consistency between Procurement and Nonprocurement Procedures on Suspension and Debarment, 1043-1053 2024-00172 Government Accountability Government Accountability Office NOTICES Requests for Nominations:

Medicare Payment Advisory Commission, 1095 2024-00181 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration RULES Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm Transparency, and Information Sharing, 1192-1438 2023-28857 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Bureau of Health Workforce Performance Data Collection, 1103-1105 2024-00210 Hearings, Meetings, Proceedings, etc.: Advisory Committee on Heritable Disorders in Newborns and Children, 1105-1106 2024-00264 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Privacy Act; Systems of Records, 1119-1125 2024-00184 2024-00185 2024-00186 Requests for Nominations:

Manufactured Housing Consensus Committee, 1120-1121 2024-00180 Industry Industry and Security Bureau NOTICES Requests for Nominations: President's Export Council Subcommittee on Export Administration, 1064-1065 2024-00190 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau Internal Revenue Internal Revenue Service PROPOSED RULES Taxes on Taxable Distributions from Donor Advised Funds under Section 4966, 1042-1043 2024-00260 International Trade Adm International Trade Administration NOTICES Hearings, Meetings, Proceedings, etc.:

Civil Nuclear Trade Advisory Committee, 1065 2024-00196 Renewable Energy and Energy Efficiency Advisory Committee, 1065-1066 2024-00194 Labor Department Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Public Land Order: No. 7934; Partial Revocation of Four Secretarial Orders for the Grand Valley Reclamation Project and Opening Order; Colorado, 1126-1127 2024-00266 NASA National Aeronautics and Space Administration PROPOSED RULES Acquisition Regulation:

Improving Consistency between Procurement and Nonprocurement Procedures on Suspension and Debarment, 1043-1053 2024-00172 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Special Events, 1130 2024-00165 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1130-1131 2024-00182 National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings, etc.:

National Eye Institute, 1106 2024-00212 National Institute of Allergy and Infectious Diseases, 1107, 1109 2024-00200 2024-00201 National Institute of Biomedical Imaging and Bioengineering, 1109 2024-00208 National Institute of Dental and Craniofacial Research, 1110 2024-00249 National Institute of Mental Health, 1106-1107 2024-00248 National Institute on Minority Health and Health Disparities, 1107 2024-00211 Office of the Director, 1108-1109 2024-00247 Licenses; Exemptions, Applications, Amendments etc.:

Development and Commercialization of Thermally Responsive T Cell Therapies for the Treatment of HPV-Positive Cancer(s), 1107-1108 2024-00209 National Oceanic National Oceanic and Atmospheric Administration RULES Extension of Gulf of Maine Haddock Emergency Action for the Northeast Multispecies Fishery Management Plan, 1036-1037 2024-00187 NOTICES Taking or Importing of Marine Mammals: Hydaburg Seaplane Base Refurbishment Project in Hydaburg, AK, 1066-1082 2024-00189 National Transportation National Transportation Safety Board RULES Civil Monetary Penalty Inflation Adjustment, 1035-1036 2024-00228 National Resources Natural Resources Conservation Service NOTICES Environmental Assessments;

Availability, etc.: Mississippi Trustee Implementation Group Deepwater Horizon Oil Spill Final Restoration Plan 4; Restoration of Wetlands, Coastal, and Nearshore Habitats; Nutrient Reduction (Nonpoint Source); and Provide and Enhance Recreational Opportunities; and Finding of No Significant Impact, 1062-1063 2024-00167 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Hydrostatic Testing Provision of the Standard on Portable Fire Extinguishers, 1128-1130 2024-00198 Standard on Cadmium in General Industries, 1127-1128 2024-00199 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Disclosure of Termination Information, 1131-1132 2024-00188 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: MEMX LLC, 1132-1134 2024-00178 Nasdaq BX, Inc., 1135-1136 2024-00176 Nasdaq PHLX LLC, 1136-1138 2024-00177 The Nasdaq Stock Market LLC, 1134-1135 2024-00179 Substance Substance Abuse and Mental Health Services Administration NOTICES Questions from the Task Force on Maternal Mental Health, 1110-1111 2023-28890 Trade Representative Trade Representative, Office of United States NOTICES 2024 Tariff Rate Quota Quantity Limitations under the U.S.-Australia Free Trade Agreement, 1138 2024-00227 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration NOTICES Solicitation for Annual Combating Human Trafficking in Transportation Impact Award, 1143-1147 2024-00215 Treasury Treasury Department See Internal Revenue Service NOTICES Hearings, Meetings, Proceedings, etc.:

Debt Management Advisory Ccommittee, 1147 2024-00218 Veteran Affairs Veterans Affairs Department RULES Pilot Program on Graduate Medical Education and Residency, 1034 2024-00192 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certification of School Attendance—Restored Entitlement Program for Survivors, 1147-1148 2024-00216 Separate Parts In This Issue Part II Environmental Protection Agency, 1150-1189 2023-27759 Part III Health and Human Services Department, 1192-1438 2023-28857 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. 89 6 Tuesday, January 9, 2024 Rules and Regulations DEPARTMENT OF ENERGY 10 CFR Parts 207, 218, 429, 431, 490, 501, 601, 810, 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 9, 2024. 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 2024 is issued in accordance with applicable law and OMB's guidance memorandum on implementation of the 2024 annual adjustment. 1 1 OMB's annual guidance memorandum was issued on December 19, 2023, providing the 2024 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 2024 is 1.03241. In order to complete the 2024 annual adjustment, each CMP is multiplied by the 2024 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. 2 The CMP authority formerly listed as 42 U.S.C. 2282(a) was codified in 10 CFR 810.15 (88 FR 1973, January 12, 2023). DOE authority containing civil monetary penalty Before adjustment After adjustment 10 CFR 207.7 $12,531 $12,937. 10 CFR 218.42 $27,140 $28,020. 10 CFR 429.120 $542 $560. 10 CFR 431.382 $542 $560. 10 CFR 490.604 $10,506 $10,846. 10 CFR 501.181 —$111,031 —$9/mcf —$44/bbl —$114,630. —$9/mcf. —$45/bbl. 10 CFR 601.400 and appendix A —minimum $23,727 —maximum $237,268 —minimum $24,496. —maximum $244,958. 10 CFR 810.15 2 $120,816 $124,732. 10 CFR 820.81 $247,929 $255,964. 10 CFR 824.1 $177,174 $182,916. 10 CFR 824.4 $177,174 $182,916. 10 CFR 851.5 and appendix B $115,061 $118,790. 10 CFR 1013.3 $13,508 $13,946. 10 CFR 1017.29 $319,067 $329,408. 10 CFR 1050.303 $24,189 $24,973. 50 U.S.C. 2731 3 $10,846 $11,198. IV. Final Rulemaking 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, 13563, and 14094 This final 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), as supplemented and reaffirmed by E.O. 13563, “Improving Regulation and Regulatory Review,” 76 FR 3821 (Jan. 21, 2011) and amended by E.O. 14094, “Modernizing Regulatory Review,” 88 FR 21879 (April 11, 2023). 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 final 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 final 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, Reporting and recordkeeping requirements. 10 CFR Part 431 Administrative practices and procedure, Confidential business information, Energy conservation, 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 810 Foreign relations, Nuclear energy, Reporting and recordkeeping requirements. 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 22, 2023, 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 27, 2023. 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 $12,937 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 $28,020 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 $560 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 $560 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 $10,846 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 $114,630 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 $9 for each MCF of natural gas or up to $45 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 $24,496 and not more than $244,958 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 $24,496 and not more than $244,958 for each such failure.

(e)First offenders under paragraph

(a)or

(b)of this section shall be subject to a civil penalty of $24,496, absent aggravating circumstances. Second and subsequent offenses by persons shall be subject to an appropriate civil penalty between $24,496 and $244,958, 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 “$23,727” wherever it appears and adding in its place “$24,496”; and b. Removing “$237,268” wherever it appears and adding in its place “$244,958”. PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES 16. The authority citation for part 810 continues to read as follows: Authority: Secs. 57, 127, 128, 129, 161, 222, 232, and 234 AEA, as amended by the *Nuclear Nonproliferation Act of 1978,* Pub. L. 95-242, 68 Stat. 932, 948, 950, 958, 92 Stat. 126, 136, 137, 138 (42 U.S.C. 2077, 2156, 2157, 2158, 2201, 2272, 2280, 2282), the *Intelligence Reform and Terrorism Prevention Act of 2004,* Pub. L. 108-458, 118 Stat. 3768, and sec. 3116 of the *John S. McCain National Defense Authorization Act for Fiscal Year 2019,* Pub. L. 115-232; Sec. 104 of the *Energy Reorganization Act of 1974,* Pub. L. 93-438; Sec. 301, *Department of Energy Organization Act,* Pub. L. 95-91; *National Nuclear Security Administration Act,* Pub. L. 106-65, 50 U.S.C. 2401 *et seq.,* as amended. 17. Section 810.15 is amended by revising the introductory text of paragraph

(c)to read as follows: § 810.15 Violations.

(c)In accordance with section 234 of the AEA, any person who violates any provision of section 57 b. of the AEA, as implemented under this part, shall be subject to a civil penalty, not to exceed $124,732 per violation, such amount to be adjusted annually for inflation pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. If any violation is a continuing one, each day from the point at which the violating activity began to the point at which the violating activity was suspended shall constitute a separate violation for the purpose of computing the applicable civil penalty. The mere act of suspending an activity does not constitute admission that the activity was a violation and does not waive the rights and processes outlined in paragraphs (c)(4) through

(14)of this section or otherwise impact the right of the person to appeal any civil penalty that may be imposed. PART 820—PROCEDURAL RULES FOR DOE NUCLEAR ACTIVITIES 18. 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. 19. 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 $255,964 for each such violation. * * * PART 824—PROCEDURAL RULES FOR THE ASSESSMENT OF CIVIL PENALTIES FOR CLASSIFIED INFORMATION SECURITY VIOLATIONS 20. 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. 21. 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 $182,916 for each violation. * * * 22. 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 $182,916 for each violation. PART 851—WORKER SAFETY AND HEALTH PROGRAM 23. 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. 24. 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 $118,790 for each such violation. * * * 25. 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 $118,790.

(2)* * * A Severity Level II violation would be subject to a base civil penalty up to 50% of the maximum base civil penalty ($59,395). *IX. Enforcement Actions* *1. Notice of Violation*

(e)* * *

(1)DOE may assess civil penalties of up to $118,790 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 26. The authority citation for part 1013 continues to read as follows: Authority: 31 U.S.C. 3801-3812; 28 U.S.C. 2461 note. 27. 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 $13,946 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 $13,946 for each such statement. PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION 28. 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. 29. 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 $329,408 for each violation. PART 1050—FOREIGN GIFTS AND DECORATIONS 30. 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. 31. 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 $24,973. [FR Doc. 2023-28828 Filed 1-8-24; 8:45 am]

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