Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2024-01-10.xml --- 89 7 Wednesday, January 10, 2024 Contents Administrative Administrative Conference of the United States NOTICES Adoption of Recommendations, 1509-1517 2024-00302 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service NOTICES Imports: Fresh Rhizomes of Turmeric (Curcuma longa L.) for Consumption from Mexico into the United States, 1517-1518 2024-00267 Army Army Department NOTICES Hearings, Meetings, Proceedings, etc.:

Army Education Advisory Committee, 1566-1567 2024-00308 Fiscal Bureau of the Fiscal Service NOTICES Rate to Be Used for Federal Debt Collection, and Discount and Rebate Evaluation, 1627-1628 2024-00272 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1575-1576 2024-00270 Coast Guard Coast Guard RULES Safety Zone: North Pacific Ocean, Dutch Harbor, AK, 1457-1458 2024-00437 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Defense Department Defense Department See Army Department Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Kentucky; Revisions to Jefferson County Emissions Monitoring and Reporting, 1461-1464 2024-00012 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: District of Columbia; Removal of Stage II Gasoline Vapor Recovery Program Requirements, 1479-1482 2024-00161 Massachusetts; Regional Haze State Implementation Plan for the Second Implementation Period, 1482-1505 2023-28573 Farm Credit System Insurance Farm Credit System Insurance Corporation RULES Civil Monetary Penalty Inflation Adjustment, 1445 2024-00339 Federal Communications Federal Communications Commission RULES Improving Outage Reporting for Submarine Cables and Enhanced Submarine Cable Outage Data, 1465-1466 2024-00341 Low Power Protection Act, 1466-1478 2023-28619 NOTICES Hearings, Meetings, Proceedings, etc.:

Federal Advisory Committee Act; Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States, 1574 2024-00342 Privacy Act; Systems of Records, 1572-1574 2024-00340 Federal Energy Federal Energy Regulatory Commission NOTICES Authorization and Establishing Intervention Deadline: East Tennessee Natural Gas, LLC, 1570-1571 2024-00331 Authorization for Continued Project Operation: Hydro Technology Systems, 1567-1568 2024-00337 Effectiveness of Exempt Wholesale Generator and Foreign Utility Company Status:

Nova Power, LLC, Crow Creek Solar, LLC, Inertia Energy Storage, LLC et al., 1569-1570 2024-00336 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Escalante Solar, LLC, 1568 2024-00334 Permits; Applications, Issuances, etc.: Kram Hydro 3, LLC, 1569 2024-00335 Records Governing Off-the-Record Communications, 1568-1569 2024-00332 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1626 2024-00281 Federal Maritime Federal Maritime Commission RULES Civil Monetary Penalty Inflation Adjustment, 1464-1465 2024-00354 NOTICES Filing of Complaint and Assignment:

Visual Comfort and Co. v. COSCO Shipping Lines (North America) Inc., 1574-1575 2024-00280 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1626-1627 2024-00295 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 1575 2024-00360 Federal Trade Federal Trade Commission RULES Civil Monetary Penalty Inflation Adjustment, 1445-1447 2024-00301 Fiscal Fiscal Service NOTICES Rate to Be Used for Federal Debt Collection, and Discount and Rebate Evaluation, 1627-1628 2024-00272 Fish Fish and Wildlife Service NOTICES Permits, Applications, Issuances, etc.:

Endangered and Threatened Species, 1591-1594 2024-00347 Permits; Applications, Issuances, etc.: Endangered and Threatened Species, 1590-1591 2024-00351 Restoration Planning to Address 1999 Oregon-Washington Coast Mystery Oil Spill, 1589-1590 2024-00348 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Action, 1628-1636 2024-00273 2024-00274 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activity: Lithion Battery, Inc., Foreign-Trade Zone 89, Henderson, NV, 1519-1520 2024-00362 Volkswagen Group of America, Inc., Foreign-Trade Zone 134, Chattanooga, TN, 1520 2024-00306 Forest Forest Service NOTICES Environmental Impact Statements;

Availability, etc.: Region 5 and Region 6; California, Oregon, and Washington; Forest Plan Amendment for Planning and Management of Northwest Forests within the Range of the Northern Spotted Owl; Correction, 1518 2024-00311 Forest Service Manual 2300—Recreation, Wilderness, and Related Resource Management, Chapter 2350—Trail, River, and Similar Recreation Opportunities, Section 2355—Climbing Opportunities, 1518-1519 2024-00312 Government Ethics Government Ethics Office RULES Civil Monetary Penalty Inflation Adjustment, 1439-1441 2024-00271 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Hearings, Meetings, Proceedings, etc.:

Physician-Focused Payment Model Technical Advisory Committee, 1576-1577 2024-00314 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department PROPOSED RULES Submission for Community Development Block Grant Program, Consolidated Plans, and Indian Community Development Block Grant Program Changes, 1746-1786 2024-00039 NOTICES Methodology Used for Calculating Section 8 Income Limits under the United States Housing Act, 1583-1586 2024-00279 Privacy Act;

Systems of Records, 1586-1589 2024-00275 2024-00276 2024-00277 Industry Industry and Security Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Rated Orders under the Defense Priories and Allocations System, 1520 2024-00359 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service PROPOSED RULES Privacy Act Regulations; Exemption for the Law Enforcement Records Management System, 1505-1508 2024-00318 NOTICES Privacy Act;

Systems of Records, 1594-1599 2024-00325 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Cast Iron Soil Pipe Fittings from the People's Republic of China, 1541-1542 2024-00329 Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from Italy, 1523-1524 2024-00305 Certain Softwood Lumber Products from Canada, 1537-1538 2024-00330 Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People's Republic of China, 1548-1550 2024-00304 Tin Mill Products from the People's Republic of China, 1532-1535 2024-00321 Sales at Less Than Fair Value;

Determinations, Investigations, etc.: Tin Mill Products from Canada, 1542-1545 2024-00319 Tin Mill Products from Germany, 1529-1532 2024-00322 Tin Mill Products from Taiwan, 1526-1529 2024-00326 Tin Mill Products from the Netherlands, 1524-1526 2024-00324 Tin Mill Products from the People's Republic of China, 1538-1541 2024-00320 Tin Mill Products from the Republic of Korea, 1545-1548 2024-00323 Tin Mill Products from the Republic of Turkey, 1520-1523 2024-00327 Tin Mill Products from the United Kingdom, 1535-1537 2024-00328 International Trade Com International Trade Commission NOTICES Meetings;

Sunshine Act, 1600-1601 2024-00464 Justice Department Justice Department RULES Privacy Act, 1447-1457 2024-00282 Labor Department Labor Department See Wage and Hour Division Land Land Management Bureau NOTICES New Recreation Fees on Public Lands: Central Yukon Field Office, Alaska, 1599-1600 2024-00365 National Credit National Credit Union Administration RULES Civil Monetary Penalty Inflation Adjustment, 1441-1444 2024-00316 National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings, etc.:

Center for Scientific Review, 1577, 1579-1580 2024-00290 2024-00292 2024-00294 National Institute of Diabetes and Digestive and Kidney Diseases, 1578-1579 2024-00289 2024-00293 National Institute of Environmental Health Sciences, 1578 2024-00310 National Institute on Aging, 1577, 1580-1581 2024-00283 2024-00291 National Institute on Alcohol Abuse and Alcoholism, 1579 2024-00287 National Institute on Drug Abuse, 1579-1580 2024-00361 Office of the Secretary, 1577-1578 2024-00288 National Oceanic National Oceanic and Atmospheric Administration NOTICES Hearings, Meetings, Proceedings, etc.:

Gulf of Mexico Fishery Management Council, 1555-1556 2024-00363 Pacific Fishery Management Council, 1554 2024-00358 South Atlantic Fishery Management Council, 1553-1554 2024-00364 Permits; Applications, Issuances, etc.: Marine Mammals; File No. 27607, 1554-1555 2024-00349 Taking or Importing of Marine Mammals: Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, 1550-1553 2024-00299 National Park National Park Service NOTICES Evaluation and Authorization Procedures:

Fixed Anchors and Fixed Equipment in National Park Service Wilderness Areas, 1600 2024-00315 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Biennial Review of Fees for the Criminal History Program: Fee Recovery for Fiscal Year 2024, 1602-1603 2024-00296 Hearings, Meetings, Proceedings, etc.: Advisory Committee on Reactor Safeguards, 1601-1602 2024-00307 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Initial Patent Applications, 1557-1563 2024-00268 Guidance: Guidelines for Assessing Enablement in Utility Applications and Patents in View of the Supreme Court Decision in Amgen Inc. et al. v. Sanofi et al., 1563-1566 2024-00259 Hearings, Meetings, Proceedings, etc.: Public Engagement Partnership; Series to Enhance Outreach to the Public on Patent Policies and Procedures, 1556-1557 2024-00317 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 1603 2024-00344 Postal Service Postal Service RULES Civil Monetary Penalty Inflation Adjustment, 1460-1461 2024-00313 Science Technology Science and Technology Policy Office NOTICES Hearings, Meetings, Proceedings, etc.:

National Nanotechnology Initiative, 1603-1604 2024-00298 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Cboe EDGX Exchange, Inc., 1619-1621 2024-00284 Investors Exchange LLC, 1604-1606 2024-00285 MEMX LLC, 1606-1619 2024-00286 State Department State Department NOTICES Report to Congress Pursuant to the United States—Northern Triangle Enhanced Engagement Act, 1621-1622 2024-00346 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 1581-1583 2024-00303 Surface Transportation Surface Transportation Board NOTICES Exemption: Abandonment; Metro-North Commuter Railroad Co., Dutchess and Putnam Counties, NY, 1622-1623 2024-00338 Susquehanna Susquehanna River Basin Commission NOTICES Hearings, Meetings, Proceedings, etc., 1624-1625 2024-00357 Projects Approved: Consumptive Uses of Water, 1623-1624 2024-00356 Minor Modifications, 1626 2024-00355 Transportation Department Transportation Department See Federal Highway Administration See Federal Railroad Administration Treasury Treasury Department See Bureau of the Fiscal Service See Fiscal Service See Foreign Assets Control Office U.S.

Institute United States Institute of Peace NOTICES Hearings, Meetings, Proceedings, etc.: Board of Directors, 1636 2024-00269 Veteran Affairs Veterans Affairs Department RULES Civil Monetary Penalty Inflation Adjustment, 1458-1460 2024-00353 Wage Wage and Hour Division RULES Employee or Independent Contractor Classification under the Fair Labor Standards Act, 1638-1743 2024-00067 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Nondisplacement of Qualified Workers under Service Contracts, 1601 2024-00278 Separate Parts In This Issue Part II Labor Department, Wage and Hour Division, 1638-1743 2024-00067 Part III Housing and Urban Development Department, 1746-1786 2024-00039 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 7 Wednesday, January 10, 2024 Rules and Regulations OFFICE OF GOVERNMENT ETHICS 5 CFR Parts 2634 and 2636 RIN 3209-AA69 2024 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 2024 annual adjustments to the Ethics in Government Act civil monetary penalties. DATES: This final rule is effective January 15, 2024. 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 annual inflationary adjustments to the civil monetary penalties

(CMPs)within their jurisdiction, to be effective no later than January 15 of each year. The Ethics in Government Act, as amended, Chapter 131, title 5 of the United States Code, provides for five CMPs. 1 Specifically, the Ethics in Government Act provides for penalties that can be assessed by an appropriate United States district court, based upon a civil action brought by the Department of Justice, for the following five types of violations: 1 OGE has previously determined, after consultation with the Department of Justice, that the $200 late filing fee for public financial disclosure reports that are more than 30 days overdue (see 5 U.S.C. 13106(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). The late filing fee for public financial disclosure reports that are more than 30 days overdue 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. 13106(a)(1), 5 CFR 2634.701(b);

(2)knowing and willful breach of a qualified trust by trustees and interested parties, 5 U.S.C. 13104(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. 13104(f)(6)(C)(ii), 5 CFR 2634.702(b);

(4)misuse of a public report, 5 U.S.C. 13107(c)(2), 5 CFR 2634.703; and

(5)violation of outside employment/activities provisions, 5 U.S.C. 13145(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 in Government Act CMPs, and is issuing this rulemaking to effectuate the 2024 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 2024, based on the CPI-U for October 2023, not seasonally adjusted, is 1.03241. To calculate the 2024 annual adjustment, agencies must multiply the most recent penalty by the 1.03241 multiplier, and round to the nearest dollar. Applying the formula established by the 2015 Act and OMB guidance, OGE is amending the Ethics in Government Act CMPs through this rulemaking to:

(1)Increase the three penalties reflected in 5 CFR 2634.702(a), 2634.703, and 2636.104(a)—which were previously adjusted to a maximum of $23,727—to a maximum of $24,496;

(2)Increase the penalty reflected in 5 CFR 2634.702(b)—which was previously adjusted to a maximum of $11,864—to a maximum of $12,249; and

(3)Increase the penalty reflected in 5 CFR 2634.701(b)—which was previously adjusted to a maximum of $71,316—to a maximum of $73,627. These adjusted penalty amounts will apply to penalties for violations that occurred after November 2, 2015, and that are assessed after January 15, 2024 (the effective date of this final rule). OGE will continue to make future annual inflationary adjustments to the Ethics in Government 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 Acting 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 Acting 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 25, 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 Acting Director of the Office of Government Ethics, I have reviewed this rule in light of section 3 of Executive Order 12988, Civil Justice Reform, and certify that it meets the applicable standards provided therein. List of Subjects 5 CFR Part 2634 Certificates of divestiture, Conflict of interests, Financial disclosure, Government employees, Penalties, Privacy, Reporting and recordkeeping requirements, Trusts and trustees. 5 CFR Part 2636 Conflict of interests, Government employees, Penalties. Dated: January 4, 2024. Shelley Finlayson, Acting 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 is revised to read as follows: Authority: 5 U.S.C. ch. 131; 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 5 U.S.C. 13106(a)(1), 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

(b)Date of violation Penalty Violation occurring between Sept. 14, 2007 and Nov. 2, 2015 $50,000 Violation occurring after Nov. 2, 2015 73,627 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 paragraph (a), as provided by section 5 U.S.C. 13104(f)(6)(C)(i) 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

(a)Date of violation Penalty Violation occurring between Sept. 29, 1999 and Nov. 2, 2015 $11,000 Violation occurring after Nov. 2, 2015 24,496

(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 paragraph (b), as provided by 5 U.S.C. 13104(f)(6)(C)(ii) 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

(b)Date of violation Penalty Violation occurring between Sept. 29, 1999 and Nov. 2, 2015 $5,500 Violation occurring after Nov. 2, 2015 12,249 4. Section 2634.703 is revised to read as follows: § 2634.703 Misuse of public reports.

(a)The Attorney General may bring a civil action against any person who obtains or uses a report filed under this part for any purpose prohibited by 5 U.S.C. 13107(c)(1), 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 5 U.S.C. 13107(c)(2) 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

(a)Date of violation Penalty Violation occurring between Sept. 29, 1999 and Nov. 2, 2015 $11,000 Violation occurring after Nov. 2, 2015 24,496

(b)This remedy shall be in addition to any other remedy available under statutory or common law. PART 2636—LIMITATIONS ON OUTSIDE EARNED INCOME, EMPLOYMENT AND AFFILIATIONS FOR CERTAIN NONCAREER EMPLOYEES 5. The authority citation for part 2636 is revised to read as follows: Authority: 5 U.S.C. ch. 131; 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; 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 the section heading and 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. 13145(a), and a civil monetary penalty of not more than the amounts set in Table 1 to this this paragraph (a), 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

(a)Date of violation Penalty Violation occurring between Sept. 29, 1999 and Nov. 2, 2015 $11,000 Violation occurring after Nov. 2, 2015 24,496 [FR Doc. 2024-00271 Filed 1-9-24; 8:45 am]

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