Inflation Adjustment of Civil Monetary Penalties, 41790-41796 [2016-15148]
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41790
Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations
Date of violation or assessment
Violation occurring after Nov. 2,
2015 and penalty assessed after
Aug. 1, 2016 ...............................
Penalty
DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and
Stockyards Administration
18,936
7 CFR Part 800
(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
Grain Inspection Packers and
Stockyards Administration, USDA.
ACTION: Notification of suspension of
supervision fee assessment.
AGENCY:
The Department of
Agriculture (USDA), Grain Inspection,
Packers and Stockyards Administration
(GIPSA) is suspending the assessment of
Authority: 5 U.S.C. App. (Ethics in
Government Act of 1978); Pub. L. 101–410,
fees for supervision of official
104 Stat. 890, 28 U.S.C. 2461 note (Federal
inspection and weighing services
Civil Penalties Inflation Adjustment Act of
performed by delegated States and/or
1990), as amended by Sec. 31001, Pub. L.
designated agencies under the United
104–134, 110 Stat. 1321 (Debt Collection
States Grain Standards Act (USGSA).
Improvement Act of 1996) and Sec. 701, Pub.
DATES: This document is effective
L. 114–74 (Federal Civil Penalties Inflation
beginning July 1, 2016, and remains in
Adjustment Act Improvements Act of 2015);
E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., effect through June 30, 2017.
p. 215, as modified by E.O. 12731, 55 FR
FOR FURTHER INFORMATION CONTACT:
42547, 3 CFR, 1990 Comp., p. 306.
Barry Gomoll by phone at 202–720–
8286 or by email at Barry.L.Gomoll@
■ 7. Section 2636.104 is amended by
revising paragraph (a) to read as follows: usda.gov. Persons with disabilities who
require alternative means for
communication (Braille, large print,
§ 2636.104 Civil, disciplinary and other
action.
audio tape, etc.) should contact the
USDA Target Center at (202) 720–2600
(a) Civil action. Except when the
(voice and TDD).
employee engages in conduct in good
faith reliance upon an advisory opinion SUPPLEMENTARY INFORMATION: The
Agriculture Reauthorizations Act of
issued under § 2636.103, an employee
who engages in any conduct in violation 2015, Public Law 114–54, amended the
USGSA (7 U.S.C. 71–87k) to require
of the prohibitions, limitations and
GIPSA to adjust fees for the supervision
restrictions contained in this part may
of official grain inspection and weighing
be subject to civil action under 5 U.S.C.
app. 504(a) and a civil monetary penalty in order to maintain an operating
reserve of not less than 3 and not more
of not more than the amounts set forth
than 6 months (7 U.S.C. 79(j)(4)).
below, as adjusted in accordance with
GIPSA’s reorganization efforts over
the inflation adjustment procedures
prescribed in the Federal Civil Penalties the past 10 years have resulted in the
centralization of supervision of
Inflation Adjustment Act of 1990, as
delegated states and designated
amended, or the amount of the
agencies. Due to this and other GIPSA
compensation the individual received
for the prohibited conduct, whichever is cost reduction measures, the operating
reserve of GIPSA’s account for
greater.
supervision of official inspection and
Date of violation or assessment
Penalty weighing currently exceeds 6 months by
a significant margin. Accordingly,
Violation occurring before Sept. 29,
GIPSA is issuing this document to
1999 ............................................ $10,000 announce the suspension of the fee for
Violation occurring between Sept.
supervision of official inspection and
29, 1999 and Nov. 2, 2015 .........
11,000
weighing services of domestic grain and
Violation occurring after Nov. 2,
land carriers to Canada and Mexico
2015 and penalty assessed on
or before Aug. 1, 2016 ................
11,000 performed by delegated States and/or
designated agencies. According to the
Violation occurring after Nov. 2,
regulations under the USGSA, GIPSA
2015 and penalty assessed after
Aug. 1, 2016 ...............................
18,936 may suspend any provision of the
regulations in emergencies or other
*
*
*
*
*
circumstances which would not impair
[FR Doc. 2016–15193 Filed 6–27–16; 8:45 am]
the objectives of the USGSA (7 CFR
BILLING CODE 6345–03–P
800.2). GIPSA has determined that
6. The authority citation for part 2636
is revised to read as follows:
■
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Suspension of Supervision Fee
Assessment Under the United States
Grain Standards Act
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SUMMARY:
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suspending supervision fees will not
impair the objectives of the USGSA
because the operating reserve for
supervision services is sufficient to
maintain the service without additional
funds.
GIPSA will no longer assess the fee of
$0.011 per metric ton of domestic
shipments officially inspected and/or
weighed, including land carrier
shipments to Canada and Mexico,
performed by delegated States and/or
designated agencies on or after July 1,
2016 (7 CFR 800.71 Schedule B). These
fees will remain suspended for one year,
at which time GIPSA will reassess the
operating reserve for supervision of
official agency inspection and weighing.
Official inspection agencies may no
longer pass the suspended supervision
fee on to their customers. Agencies
which list GIPSA supervision fees as a
line item on their fee schedules must
eliminate the fee. Agencies which
include supervision fees as a part of fees
that they charge to their customers must
either reduce fees by the amount of the
suspended fee or provide justification
and detailed cost information for
retaining current fees. All agencies must
submit revised fee schedules for GIPSA
approval (7 CFR 800.70).
Larry Mitchell,
Administrator, Grain Inspection, Packers and
Stockyards Administration.
[FR Doc. 2016–15152 Filed 6–27–16; 8:45 am]
BILLING CODE 3410–KD–P
DEPARTMENT OF ENERGY
10 CFR Parts 207, 218, 429, 431, 490,
501, 601, 820, 824, 851, 1013, 1017, and
1050
RIN 1990–AA46
Inflation Adjustment of Civil Monetary
Penalties
Office of the General Counsel,
U.S. Department of Energy.
ACTION: Interim final rule.
AGENCY:
The Department of Energy
(‘‘DOE’’) publishes this interim 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.
SUMMARY:
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Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations
This rule is effective July 28,
2016. Written comments must be
received by July 28, 2016.
ADDRESSES: You may submit comments,
identified by RIN 1990–AA46, by any of
the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov/. Follow
the instructions for submitting
comments.
2. Email to GC–33EnergyRegs@
hq.doe.gov. Include RIN 1990–AA46 in
the subject line of the email. Please
include the full body of your comments
in the text of the message or as an
attachment.
3. Mail: Address written comments to
U.S. Department of Energy, Office of the
General Counsel, Room 6A–179, 1000
Independence Avenue SW.,
Washington, DC 20585.
Due to potential delays in DOE’s
receipt and processing of mail sent
through the U.S. Postal Service, we
encourage respondents to submit
comments electronically to ensure
timely receipt.
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.
SUPPLEMENTARY INFORMATION:
DATES:
DOE Authority
containing civil monetary penalty
10
10
10
10
10
10
CFR
CFR
CFR
CFR
CFR
CFR
207.7 .................................
218.42 ...............................
429.120 .............................
431.382 .............................
490.604 .............................
501.181 .............................
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10 CFR 601.400 and App A ...........
10
10
10
10
10
10
10
50
CFR 820.81 ...............................
CFR 824.1 and App A ...............
CFR 824.4 and App A ...............
CFR 851.5 and App B ...............
CFR 1013.3 ...............................
CFR 1017.29 .............................
CFR 1050.303 ...........................
U.S.C. 2731 2 .............................
16:05 Jun 27, 2016
accordance with applicable law and the
OMB guidance memorandum.
II. Method of Calculation
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 (Public Law 114–74) (‘‘the 2015
Act’’), requires Federal agencies to
adjust each CMP provided by law
within the jurisdiction of the agency.
The 2015 Act requires agencies to adjust
the level of CMPs with an initial ‘‘catchup’’ adjustment through an interim final
rulemaking and to make subsequent
annual adjustments for inflation
notwithstanding 5 U.S.C. 553. 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.
Pursuant to the 2015 Act, OMB issued
a guidance memorandum on the
implementation of the 2015 Act.1 This
interim final rule is issued in
The method of calculating CMP
adjustments applied in this interim final
rule is required by the 2015 Act. Under
the 2015 Act, catch-up adjustments are
based on the percent change between
the Consumer Price Index for all Urban
Consumers (CPI–U) for the month of
October in the year of the previous
adjustment, and the October 2015 CPI–
U. Subsequent annual inflation
adjustments are to be based on the
percent change between the October
CPI–U preceding the date of the
adjustment, and the prior year’s October
CPI–U. Under the 2015 Act, any
increase in CMP shall be rounded to the
nearest multiple of $1.
III. Summary of the Interim Final Rule
The following list summarizes DOE
authorities containing CMPs, and the
penalties before and after adjustment.
The list also identifies the year the
original maximum and/or minimum
penalty level was established or last
adjusted, excluding any previous
adjustments made under the Inflation
Adjustment Act. Finally, the list
provides the CPI–U adjustment
multiplier.
Year
original
maximum
and/or minimum
penalty
level was
established
or last
adjusted
Before
adjustment
After
adjustment
$4,000 ............................................
9,000 ..............................................
200 .................................................
200 .................................................
9,000 ..............................................
—40,000 .........................................
—3.30/mcf ......................................
—20/bbl ..........................................
—minimum $15,000 .......................
—maximum $160,000 ....................
160,000 ..........................................
120,000 ..........................................
120,000 ..........................................
80,000 ............................................
9,000 ..............................................
160,000 ..........................................
9,000 ..............................................
6,000 ..............................................
$10,000 ..........................................
21,661 ............................................
433 .................................................
433 .................................................
8,386 ..............................................
—88,613 .........................................
—8/mcf
—35/bbl
—minimum $18,936 .......................
—maximum $189,361
197,869 ..........................................
141,402 ..........................................
141,402 ..........................................
91,830 ............................................
10,781 ............................................
254,645 ..........................................
19,305 ............................................
8,655 ..............................................
1 The guidance memorandum was issued on
February 24, 2016, and references the adjustment
multipliers and how to apply them.
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I. Background
II. Method of Calculation
III. Summary of Interim Final Rule
IV. Interim Final Rulemaking
V. Regulatory Review
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2 Implemented by 10 CFR 820.81, 10 CFR 851.5,
and appendix B to 10 CFR part 851.
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CPI–U
Adjustment
multiplier
1974
1975
1975
1975
1992
1978
4.65436
4.33220
4.33220
4.33220
1.67728
3.54453
1989
1.89361
1988
1999
1999
2002
1986
1981
1977
1991
1.97869
1.41402
1.41402
1.31185
2.15628
2.54645
3.86101
1.73099
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Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations
In addition to the above, 10 CFR
820.80 was updated to indicate that
subpart G of part 820 implements the
Inflation Adjustment Act as further
amended by the 2015 Act. In Appendix
A to part 820, Appendix A to part 824,
and Appendix B to part 851, references
to the statutory CMP limit were clarified
to refer to the statutory CMP limit, as
periodically adjusted for inflation. The
authority citations for some CFR parts
included in this CMP adjustment were
also updated to include the statutory
citation for the Act, as amended, 28
U.S.C. 2461 note.
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IV. Interim Final Rulemaking
Section 4(b)(1)(A) of the Act states
that, for the for the first adjustment
made under the Act after the date of
enactment of the 2015 Act [Nov. 2,
2015] the head of an agency shall adjust
CMPs through an interim final
rulemaking and the adjustment shall
take effect not later than August 1, 2016.
As this rulemaking is the first
adjustment made under the 2015 Act
after its enactment, DOE must issue it as
an interim final rule with a specified
effective date without regard to the
procedural requirements applicable to
rulemaking under the Administrative
Procedure Act, 5 U.S.C. 553.
In addition, in accordance with 5
U.S.C. 553(b), the Administrative
Procedure Act, DOE generally publishes
a rule in a proposed form and solicits
public comment on it before issuing the
rule in final. However, 5 U.S.C.
553(b)(B) provides an exception to the
public comment requirement if the
agency finds good cause to omit
advance notice and public participation.
Good cause is shown when public
comment is ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’
DOE finds that providing an
opportunity for public comment prior to
publication of this rule is not necessary
because DOE is carrying out a
ministerial, non-discretionary duty
specified in an Act of Congress. This
interim final rule incorporates
requirements specifically set forth in 28
U.S.C. 2461 note requiring DOE to issue
a regulation implementing catch-up
inflation adjustments for all its civil
penalty provisions. The formula for the
amount of the penalty adjustment is
prescribed by Congress. Prior notice and
opportunity to comment are therefore
unnecessary in this case because these
changes are not subject to the exercise
of discretion by DOE. These technical
changes, required by law, do not
substantively alter the existing
regulatory framework nor in any way
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affect the terms under which DOE
assesses civil penalties.
V. Regulatory Review
A. Executive Order 12866
This rule has been determined not to
be a significant regulatory action under
Executive Order 12866, ‘‘Regulatory
Planning and Review,’’ 58 FR 51735
(October 4, 1993). Accordingly, this
action was not subject to review under
that Executive Order by the Office of
Information and Regulatory Affairs of
the Office of Management and Budget.
B. National Environmental Policy Act
DOE has determined that this interim
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 above, the 2015 Act requires
that the catch-up adjustment be done
through an interim final rule, and DOE
has determined that prior notice and
opportunity for public comment is
unnecessary. 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 today’s
interim final rule.
D. Paperwork Reduction Act
This interim 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
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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
today’s action because they apply only
to rules for which a general notice of
proposed rulemaking is published.
Nevertheless, DOE has determined that
today’s regulatory action does not
impose a Federal mandate on State,
local, or tribal governments or on the
public sector.
F. Treasury and General Government
Appropriations Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any
proposed rule that may affect family
well being. This rule would not have
any impact on the autonomy or integrity
of the family as an institution.
Accordingly, DOE has concluded that it
is not necessary to prepare a Family
Policymaking Assessment.
G. Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (August 4, 1999) imposes
certain requirements on agencies
formulating and implementing policies
or regulations that preempt State law or
that have federalism implications.
Agencies are required to examine the
constitutional and statutory authority
supporting any action that would limit
the policymaking discretion of the
States and carefully assess the necessity
for such actions. DOE has examined this
rule and has determined that it would
not preempt State law and would not
have a substantial direct effect on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government. No further action
is required by Executive Order 13132.
H. Executive Order 12988
With respect to the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (February 7, 1996),
imposes on Executive agencies the
general duty to adhere to the following
requirements: (1) Eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation; and
(3) provide a clear legal standard for
affected conduct rather than a general
standard and promote simplification
and burden reduction. With regard to
the review required by section 3(a),
section 3(b) of Executive Order 12988
specifically requires that Executive
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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.
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I. Treasury and General Government
Appropriations Act, 2001
The Treasury and General
Government Appropriations Act, 2001
(44 U.S.C. 3516 note) provides for
agencies to review most disseminations
of information to the public under
guidelines established by each agency
pursuant to general guidelines issued by
OMB. OMB’s guidelines were published
at 67 FR 8452 (February 22, 2002), and
DOE’s guidelines were published at 67
FR 62446 (October 7, 2002). DOE has
reviewed this rule under the OMB and
DOE guidelines and has concluded that
it is consistent with applicable policies
in those guidelines.
J. Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001) requires Federal agencies to
prepare and submit to the 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
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,
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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.
10 CFR Part 824
K. Congressional Notification
10 CFR Part 1013
As required by 5 U.S.C. 801, DOE will
submit to Congress a report regarding
the issuance of today’s interim final rule
prior to the effective date set forth at the
outset of this notice. 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).
Administrative practice and
procedure, Claims, Fraud, Penalties.
L. Approval of the Office of the
Secretary
10 CFR Part 1050
The Secretary of Energy has approved
publication of this interim final rule.
List of Subjects
Administrative practice and
procedure, Energy, Penalties.
10 CFR Part 218
Administrative practice and
procedure, Penalties, Petroleum
allocation.
10 CFR Part 429
Confidential business information,
Energy conservation, Household
appliances, Imports, Incorporation by
reference, Reporting and recordkeeping
requirements.
10 CFR Part 431
Administrative practices and
procedure, Confidential business
information, Energy conservation,
Reporting and recordkeeping
requirements.
10 CFR Part 490
Administrative practice and
procedure, Energy conservation,
Penalties.
10 CFR Part 501
Administrative practice and
procedure, Electric power plants,
Energy conservation, Natural gas,
Petroleum.
10 CFR Part 601
Government contracts, Grant
programs, Loan programs, Penalties.
10 CFR Part 820
Administrative practice and
procedure, Government contracts,
Penalties, Radiation protection.
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10 CFR Part 851
Civil penalty, Hazardous substances,
Occupational safety and health, Safety,
Reporting and recordkeeping
requirements.
10 CFR Part 1017
Administrative practice and
procedure, Government contracts,
National Defense, Nuclear Energy,
Penalties, Security measures.
Decorations, medals, awards, Foreign
relations, Government employees,
Government property, Reporting and
recordkeeping requirements.
Issued in Washington, DC, on June 21,
2016.
Steven Croley,
General Counsel.
10 CFR Part 207
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Government contracts, Nuclear
materials, Penalties, Security measures.
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 $10,000 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:
■
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§ 218.42
Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations
Sanctions.
*
*
*
*
*
(b) * * * (1) Any person who violates
any provision of this part 218 or any
order issued pursuant thereto shall be
subject to a civil penalty of not more
than $21,661 for each violation.
*
*
*
*
*
PART 429—CERTIFICATION,
COMPLIANCE, AND ENFORCEMENT
FOR CONSUMER PRODUCTS AND
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
5. The authority citation for part 429
is revised 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 $433 for each violation.
* * *
PART 431—ENERGY EFFICIENCY
PROGRAM FOR CERTAIN
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
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 or order
thereunder will be subject to the
following civil penalty, which may not
exceed $88,613 for each violation: Any
person who operates a powerplant or
major fuel burning installation under an
exemption, during any 12-calendarmonth period, in excess of that
authorized in such exemption will be
assessed a civil penalty of up to $8 for
each MCF of natural gas or up to $35 for
each barrel of oil used in excess of that
authorized in the exemption.
*
*
*
*
*
PART 601—NEW RESTRICTIONS ON
LOBBYING
■
7. The authority citation for part 431
is revised to read as follows:
■
Authority: 42 U.S.C. 6291–6317; 28 U.S.C.
2461 note.
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.
13. The authority citation for part 601
continues to read as follows:
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 $433 for each violation.
*
*
*
*
*
PART 490—ALTERNATIVE FUEL
TRANSPORTATION PROGRAM
9. The authority citation for part 490
is revised to read as follows:
■
asabaliauskas on DSK3SPTVN1PROD with RULES
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 of this part shall be subject to
a civil penalty of not more than $8,386
for each violation.
*
*
*
*
*
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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 herein shall be
subject to a civil penalty of not less than
$18,936 and not more than $189,361 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 herein, shall be
subject to a civil penalty of not less than
$18,936 and not more than $189,361 for
each such failure.
*
*
*
*
*
(e) First offenders under paragraphs
(a) or (b) of this section shall be subject
to a civil penalty of $18,936, absent
aggravating circumstances. Second and
subsequent offenses by persons shall be
subject to an appropriate civil penalty
between $18,936 and $189,361, as
determined by the agency head or his or
her designee.
*
*
*
*
*
PO 00000
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15. Appendix A to part 601 is
amended by:
■ a. Revising the last sentence of the
second undesignated paragraph, in
paragraph (3) of the section entitled,
‘‘Certification for Contracts, Grants,
Loans, and Cooperative Agreements’’;
and
■ b. Revising the last sentence of the
third undesignated paragraph, in the
section entitled, ‘‘Statement for Loan
Guarantees and Loan Insurance’’.
The revisions read as follows:
■
Appendix A to Part 601—Certification
Regarding Lobbying
Certification for Contracts, Grants, Loans,
and Cooperative Agreements
*
*
*
*
*
(3) * * *
* * * Any person who fails to file the
required certification shall be subject to a
civil penalty of not less than $18,936 and not
more than $189,361 for each such failure.
Statement for Loan Guarantees and Loan
Insurance
*
*
*
*
*
* * * Any person who fails to file the
required statement shall be subject to a civil
penalty of not less than $18,936 and not more
than $189,361 for each such failure.
PART 820—PROCEDURAL RULES
FOR DOE NUCLEAR ACTIVITIES
16. The authority citation for part 820
continues to read as follows:
■
Authority: 42 U.S.C. 2201; 2282(a); 7191;
28 U.S.C. 2461 note; 50 U.S.C. 2410.
17. Section 820.80 is amended by
revising the first sentence to read as
follows:
■
§ 820.80
Basis and purpose.
This subpart implements the Federal
Civil Penalties Inflation Adjustment Act
of 1990 (the Act) (Pub. L. 101–410), as
amended by the Debt Collection
Improvement Act of 1996 (Pub. L. 104–
134, section 31001) and the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (Pub. L. 114–
74, section 701). 28 U.S.C. 2461 note.
* * *
■ 18. 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
$197,869 for each such violation. * * *
■ 19. Appendix A to part 820 is
amended by:
■ a. Revising the fourth sentence of
paragraph 2.e., ‘‘Civil Penalty,’’ in
section IX entitled ‘‘Enforcement
Actions’’; and
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Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations
b. Revising paragraph a. in section XII
entitled ‘‘Secretarial Notification and
Consultation’’.
The revisions read as follows:
*
*
23. Appendix A to part 824 is
amended by:
■ a. Revising the fourth and sixth
sentences of paragraph 2.e., in section
VIII entitled ‘‘Enforcement Actions’’;
and
■ b. Revising the last sentence of
paragraph 3.d., ‘‘Adjustment Factors,’’
in section VIII entitled ‘‘Enforcement
Actions’’.
The revisions read as follows:
*
*
Appendix A to Part 824—General
Statement of Enforcement Policy
■
Appendix A to Part 820—General
Statement of Enforcement Policy
*
*
*
*
*
IX. Enforcement Actions
*
*
*
2. Civil Penalty
*
*
*
e. * * * In no instance will a civil penalty
for any one violation exceed the statutory
limit, as periodically adjusted for inflation as
required by law. * * *
*
*
*
*
*
XII. Secretarial Notification and Consultation
*
*
*
*
*
*
*
*
*
PART 824—PROCEDURAL RULES
FOR THE ASSESSMENT OF CIVIL
PENALTIES FOR CLASSIFIED
INFORMATION SECURITY
VIOLATIONS
20. The authority citation for part 824
is revised 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:
■
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, regulation 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 $141,402
for each violation. * * *
■ 22. Section 824.4 is amended by
revising paragraph (c) to read as follows:
§ 824.4
Civil penalties.
asabaliauskas on DSK3SPTVN1PROD with RULES
*
*
*
*
*
(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 $141,402 for each
violation.
*
*
*
*
*
VerDate Sep<11>2014
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Jkt 238001
*
*
*
*
VIII. Enforcement Actions
*
*
*
*
*
*
*
*
*
*
Appendix B to Part 851—General
Statement of Enforcement Policy
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
IX. Enforcement Actions
e. * * * In no instance will a civil penalty
for any one violation exceed the statutory
limit, as periodically adjusted for inflation as
required by law, per violation. * * * Thus,
the per violation cap will not shield a DOE
contractor that is or should have been aware
of an ongoing violation and has not reported
it to DOE and taken corrective action despite
an opportunity to do so from liability
significantly exceeding the limit. * * *
*
*
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 $91,830.
(2) * * * A Severity Level II violation
would be subject to a base civil penalty up
to 50% of the maximum base civil penalty
($45,915).
*
2. Civil Penalty
*
*
*
*
*
1. Notice of Violation
*
*
*
*
*
(e) * * *
(1) DOE may assess civil penalties of up to
$91,830 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).
*
*
*
*
*
*
2. Civil Penalty
3. Adjustment Factors
■
§ 824.1
*
c. Revising the fourth sentence in
paragraph 2.(f) in section IX.
The revisions read as follows:
■
*
a. Proposals to impose civil penalties in an
amount equal to or greater than the statutory
limit, as periodically adjusted for inflation as
required by law;
*
■
41795
*
*
*
*
d. * * * Based on the degree of such
factors, DOE may escalate the amount of civil
penalties up to the statutory maximum, as
periodically adjusted for inflation as required
by law, per violation per day for continuing
violations.
(f) * * * In no instance will a civil penalty
for any one violation exceed the statutory
limit, as periodically adjusted for inflation as
required by law, per day. * * *
*
PART 1013—PROGRAM FRAUD CIVIL
REMEDIES AND PROCEDURES
*
*
*
*
*
*
*
*
*
PART 851—WORKER SAFETY AND
HEALTH PROGRAM
■
24. The authority citation for part 851
is revised to read as follows:
Authority: 31 U.S.C. 3801–3812; 28 U.S.C.
2461 note.
■
27. The authority citation for part
1013 continues to reads 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.
■
25. Section 851.5 is amended by
revising the first sentence of paragraph
(a) to read as follows:
§ 1013.3 Basis for civil penalties and
assessments.
■
§ 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 $91,830 for each such violation.
* * *
*
*
*
*
*
■ 26. Appendix B to part 851 is
amended by:
■ a. Revising the last sentences of
paragraphs (b)(1) and (2) in section VI;
■ b. Revising paragraph 1.(e)(1) in
section IX ; and
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
28. Section 1013.3 is amended by
revising paragraphs (a)(1)(iv) and
(b)(1)(ii) to read as follows:
(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 $10,781 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
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Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations
penalty of not more than $10,781 for
each such statement.
*
*
*
*
*
ACTION:
29. The authority citation for part
1017 is revised 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.
30. Section 1017.29 is amended by
revising paragraph (c) to read as follows:
■
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 $254,645 for each violation.
*
*
*
*
*
PART 1050—FOREIGN GIFTS AND
DECORATIONS
31. 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.
32. 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 $19,305.
[FR Doc. 2016–15148 Filed 6–27–16; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
asabaliauskas on DSK3SPTVN1PROD with RULES
14 CFR Part 39
[Docket No. FAA–2015–6033; Directorate
Identifier 2015–SW–019–AD; Amendment
39–18571; AD 2016–13–07]
RIN 2120–AA64
Airworthiness Directives; Airbus
Helicopters
Federal Aviation
Administration (FAA), DOT.
AGENCY:
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16:05 Jun 27, 2016
Jkt 238001
We are adopting a new
airworthiness directive (AD) for Airbus
Helicopters Model AS 365 N3
helicopters. This AD requires inspecting
the cabin and cockpit for labels,
placards, or markings that provide
jettison procedure instructions for cabin
doors, removing any labels, placards, or
markings that are in an incorrect
location, and installing placards where
they are missing. This AD is prompted
by the determination that placards had
not been installed according to
specifications on newly manufactured
helicopters. The actions are intended to
provide exit procedures during an
emergency.
SUMMARY:
PART 1017—IDENTIFICATION AND
PROTECTION OF UNCLASSIFIED
CONTROLLED NUCLEAR
INFORMATION
§ 1017.29
Final rule.
This AD is effective August 2,
2016.
The Director of the Federal Register
approved the incorporation by reference
of a certain document listed in this AD
as of August 2, 2016.
ADDRESSES: For service information
identified in this final rule, contact
Airbus Helicopters, 2701 N. Forum
Drive, Grand Prairie, TX 75052;
telephone (972) 641–0000 or (800) 232–
0323; fax (972) 641–3775; or at https://
www.airbushelicopters.com/techpub.
You may review the referenced service
information at the FAA, Office of the
Regional Counsel, Southwest Region,
10101 Hillwood Pkwy., Room 6N–321,
Fort Worth, TX 76177. It is also
available on the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2015–
6033.
DATES:
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2015–
6033; or in person at the Docket
Operations Office between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this AD, the European Aviation
Safety Agency (EASA) AD, any
incorporated-by-reference service
information, the economic evaluation,
any comments received, and other
information. The street address for the
Docket Operations Office (phone: 800–
647–5527) is U.S. Department of
Transportation, Docket Operations
Office, M–30, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
David Hatfield, Aviation Safety
Engineer, Safety Management Group,
Rotorcraft Directorate, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177;
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Frm 00010
Fmt 4700
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telephone (817) 222–5110; email
david.hatfield@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
On March 11, 2016, at 81 FR 12836,
the Federal Register published our
notice of proposed rulemaking (NPRM),
which proposed to amend 14 CFR part
39 by adding an AD that would apply
to Airbus Helicopters Model AS 365 N3
helicopters. The NPRM proposed to
require inspecting the cabin and cockpit
for labels, placards, or markings that
provide jettison procedure instructions
for cabin doors, removing any labels,
placards, or markings that are in an
incorrect location, and installing
placards in the correct locations. The
proposed requirements were intended to
provide exit procedures during an
emergency.
The NPRM was prompted by AD No.
2015–0068–E, dated April 29, 2015,
issued by EASA, which is the Technical
Agent for the Member States of the
European Union, to correct an unsafe
condition for the Airbus Helicopters
Model AS 365 N3 helicopters without
external life rafts installed, except those
helicopters modified in accordance with
Airbus Helicopters modification (MOD)
0711B68, and Model AS 365 N3
helicopters with external life rafts
installed, except those helicopters
modified in accordance Airbus
Helicopters MOD 0711B67 and MOD
0711B68. EASA advises that during
helicopter delivery after manufacturing,
Airbus Helicopters identified that
placards providing jettison procedure
instructions for the cabin doors were not
systematically installed or not installed
in a proper location. This condition, if
not corrected, could prevent the timely
evacuation of the helicopter during an
emergency. The EASA AD consequently
requires determining whether any
placards are missing or incorrectly
located, installing any missing placards,
and replacing any incorrectly located
placards.
Comments
We gave the public the opportunity to
participate in developing this AD, but
we received no comments on the NPRM
(81 FR 12836, March 11, 2016).
FAA’s Determination
These helicopters have been approved
by the aviation authority of France and
are approved for operation in the United
States. Pursuant to our bilateral
agreement with France, EASA, its
technical representative, has notified us
of the unsafe condition described in the
EASA AD. We are issuing this AD
because we evaluated all information
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]]>Agencies
[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Rules and Regulations]
[Pages 41790-41796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15148]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Parts 207, 218, 429, 431, 490, 501, 601, 820, 824, 851,
1013, 1017, and 1050
RIN 1990-AA46
Inflation Adjustment of Civil Monetary Penalties
AGENCY: Office of the General Counsel, U.S. Department of Energy.
ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Energy (``DOE'') publishes this interim
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.
[[Page 41791]]
DATES: This rule is effective July 28, 2016. Written comments must be
received by July 28, 2016.
ADDRESSES: You may submit comments, identified by RIN 1990-AA46, by any
of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov/. Follow
the instructions for submitting comments.
2. Email to GC-33EnergyRegs@hq.doe.gov. Include RIN 1990-AA46 in
the subject line of the email. Please include the full body of your
comments in the text of the message or as an attachment.
3. Mail: Address written comments to U.S. Department of Energy,
Office of the General Counsel, Room 6A-179, 1000 Independence Avenue
SW., Washington, DC 20585.
Due to potential delays in DOE's receipt and processing of mail
sent through the U.S. Postal Service, we encourage respondents to
submit comments electronically to ensure timely receipt.
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.
SUPPLEMENTARY INFORMATION:
I. Background
II. Method of Calculation
III. Summary of Interim Final Rule
IV. Interim 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 (Public Law 114-74) (``the 2015 Act''),
requires Federal agencies to adjust each CMP provided by law within the
jurisdiction of the agency. The 2015 Act requires 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. 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.
Pursuant to the 2015 Act, OMB issued a guidance memorandum on the
implementation of the 2015 Act.\1\ This interim final rule is issued in
accordance with applicable law and the OMB guidance memorandum.
---------------------------------------------------------------------------
\1\ The guidance memorandum was issued on February 24, 2016, and
references the adjustment multipliers and how to apply them.
---------------------------------------------------------------------------
II. Method of Calculation
The method of calculating CMP adjustments applied in this interim
final rule is required by the 2015 Act. Under the 2015 Act, catch-up
adjustments are based on the percent change between the Consumer Price
Index for all Urban Consumers (CPI-U) for the month of October in the
year of the previous adjustment, and the October 2015 CPI-U. Subsequent
annual inflation adjustments are to be based on the percent change
between the October CPI-U preceding the date of the adjustment, and the
prior year's October CPI-U. Under the 2015 Act, any increase in CMP
shall be rounded to the nearest multiple of $1.
III. Summary of the Interim Final Rule
The following list summarizes DOE authorities containing CMPs, and
the penalties before and after adjustment. The list also identifies the
year the original maximum and/or minimum penalty level was established
or last adjusted, excluding any previous adjustments made under the
Inflation Adjustment Act. Finally, the list provides the CPI-U
adjustment multiplier.
---------------------------------------------------------------------------
\2\ Implemented by 10 CFR 820.81, 10 CFR 851.5, and appendix B
to 10 CFR part 851.
----------------------------------------------------------------------------------------------------------------
Year original
maximum and/or
minimum CPI-U
DOE Authority containing civil Before adjustment After adjustment penalty level Adjustment
monetary penalty was multiplier
established or
last adjusted
----------------------------------------------------------------------------------------------------------------
10 CFR 207.7...................... $4,000............... $10,000.............. 1974 4.65436
10 CFR 218.42..................... 9,000................ 21,661............... 1975 4.33220
10 CFR 429.120.................... 200.................. 433.................. 1975 4.33220
10 CFR 431.382.................... 200.................. 433.................. 1975 4.33220
10 CFR 490.604.................... 9,000................ 8,386................ 1992 1.67728
10 CFR 501.181.................... --40,000............. --88,613............. 1978 3.54453
--3.30/mcf........... --8/mcf..............
--20/bbl............. --35/bbl.............
10 CFR 601.400 and App A.......... --minimum $15,000.... --minimum $18,936.... 1989 1.89361
--maximum $160,000... --maximum $189,361...
10 CFR 820.81..................... 160,000.............. 197,869.............. 1988 1.97869
10 CFR 824.1 and App A............ 120,000.............. 141,402.............. 1999 1.41402
10 CFR 824.4 and App A............ 120,000.............. 141,402.............. 1999 1.41402
10 CFR 851.5 and App B............ 80,000............... 91,830.............. 2002 1.31185
10 CFR 1013.3..................... 9,000................ 10,781............... 1986 2.15628
10 CFR 1017.29.................... 160,000.............. 254,645.............. 1981 2.54645
10 CFR 1050.303................... 9,000................ 19,305............... 1977 3.86101
50 U.S.C. 2731 \2\................ 6,000................ 8,655................ 1991 1.73099
----------------------------------------------------------------------------------------------------------------
[[Page 41792]]
In addition to the above, 10 CFR 820.80 was updated to indicate
that subpart G of part 820 implements the Inflation Adjustment Act as
further amended by the 2015 Act. In Appendix A to part 820, Appendix A
to part 824, and Appendix B to part 851, references to the statutory
CMP limit were clarified to refer to the statutory CMP limit, as
periodically adjusted for inflation. The authority citations for some
CFR parts included in this CMP adjustment were also updated to include
the statutory citation for the Act, as amended, 28 U.S.C. 2461 note.
IV. Interim Final Rulemaking
Section 4(b)(1)(A) of the Act states that, for the for the first
adjustment made under the Act after the date of enactment of the 2015
Act [Nov. 2, 2015] the head of an agency shall adjust CMPs through an
interim final rulemaking and the adjustment shall take effect not later
than August 1, 2016. As this rulemaking is the first adjustment made
under the 2015 Act after its enactment, DOE must issue it as an interim
final rule with a specified effective date without regard to the
procedural requirements applicable to rulemaking under the
Administrative Procedure Act, 5 U.S.C. 553.
In addition, in accordance with 5 U.S.C. 553(b), the Administrative
Procedure Act, DOE generally publishes a rule in a proposed form and
solicits public comment on it before issuing the rule in final.
However, 5 U.S.C. 553(b)(B) provides an exception to the public comment
requirement if the agency finds good cause to omit advance notice and
public participation. Good cause is shown when public comment is
``impracticable, unnecessary, or contrary to the public interest.''
DOE finds that providing an opportunity for public comment prior to
publication of this rule is not necessary because DOE is carrying out a
ministerial, non-discretionary duty specified in an Act of Congress.
This interim final rule incorporates requirements specifically set
forth in 28 U.S.C. 2461 note requiring DOE to issue a regulation
implementing catch-up inflation adjustments for all its civil penalty
provisions. The formula for the amount of the penalty adjustment is
prescribed by Congress. Prior notice and opportunity to comment are
therefore unnecessary in this case because these changes are not
subject to the exercise of discretion by DOE. These technical changes,
required by law, do not substantively alter the existing regulatory
framework nor in any way affect the terms under which DOE assesses
civil penalties.
V. Regulatory Review
A. Executive Order 12866
This rule has been determined not to be a significant regulatory
action under Executive Order 12866, ``Regulatory Planning and Review,''
58 FR 51735 (October 4, 1993). Accordingly, this action was not subject
to review under that Executive Order by the Office of Information and
Regulatory Affairs of the Office of Management and Budget.
B. National Environmental Policy Act
DOE has determined that this interim 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 above,
the 2015 Act requires that the catch-up adjustment be done through an
interim final rule, and DOE has determined that prior notice and
opportunity for public comment is unnecessary. 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 today's interim final rule.
D. Paperwork Reduction Act
This interim 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 today's action
because they apply only to rules for which a general notice of proposed
rulemaking is published. Nevertheless, DOE has determined that today's
regulatory action does not impose a Federal mandate on State, local, or
tribal governments or on the public sector.
F. Treasury and General Government Appropriations Act, 1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any proposed rule that may affect family
well being. This rule would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
G. Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999)
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. Agencies are required to examine the constitutional and
statutory authority supporting any action that would limit the
policymaking discretion of the States and carefully assess the
necessity for such actions. DOE has examined this rule and has
determined that it would not preempt State law and would not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. No further
action is required by Executive Order 13132.
H. Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on
Executive agencies the general duty to adhere to the following
requirements: (1) Eliminate drafting errors and ambiguity; (2) write
regulations to minimize litigation; and (3) provide a clear legal
standard for affected conduct rather than a general standard and
promote simplification and burden reduction. With regard to the review
required by section 3(a), section 3(b) of Executive Order 12988
specifically requires that Executive
[[Page 41793]]
agencies make every reasonable effort to ensure that the regulation:
(1) Clearly specifies the preemptive effect, if any; (2) clearly
specifies any effect on existing Federal law or regulation; (3)
provides a clear legal standard for affected conduct while promoting
simplification and burden reduction; (4) specifies the retroactive
effect, if any; (5) adequately defines key terms; and (6) addresses
other important issues affecting clarity and general draftsmanship
under any guidelines issued by the Attorney General. Section 3(c) of
Executive Order 12988 requires Executive agencies to review regulations
in light of applicable standards in section 3(a) and section 3(b) to
determine whether they are met or it is unreasonable to meet one or
more of them. DOE has completed the required review and determined
that, to the extent permitted by law, this rule meets the relevant
standards of Executive Order 12988.
I. Treasury and General Government Appropriations Act, 2001
The Treasury and General Government Appropriations Act, 2001 (44
U.S.C. 3516 note) provides for agencies to review most disseminations
of information to the public under guidelines established by each
agency pursuant to general guidelines issued by OMB. OMB's guidelines
were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines
were published at 67 FR 62446 (October 7, 2002). DOE has reviewed this
rule under the OMB and DOE guidelines and has concluded that it is
consistent with applicable policies in those guidelines.
J. Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001) requires Federal agencies to prepare and submit to the
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 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 today's interim final rule prior to the
effective date set forth at the outset of this notice. 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 interim
final rule.
List of Subjects
10 CFR Part 207
Administrative practice and procedure, Energy, Penalties.
10 CFR Part 218
Administrative practice and procedure, Penalties, Petroleum
allocation.
10 CFR Part 429
Confidential business information, Energy conservation, Household
appliances, Imports, Incorporation by reference, Reporting and
recordkeeping requirements.
10 CFR Part 431
Administrative practices and procedure, Confidential business
information, Energy conservation, Reporting and recordkeeping
requirements.
10 CFR Part 490
Administrative practice and procedure, Energy conservation,
Penalties.
10 CFR Part 501
Administrative practice and procedure, Electric power plants,
Energy conservation, Natural gas, Petroleum.
10 CFR Part 601
Government contracts, Grant programs, Loan programs, Penalties.
10 CFR Part 820
Administrative practice and procedure, Government contracts,
Penalties, Radiation protection.
10 CFR Part 824
Government contracts, Nuclear materials, Penalties, Security
measures.
10 CFR Part 851
Civil penalty, Hazardous substances, Occupational safety and
health, Safety, Reporting and recordkeeping requirements.
10 CFR Part 1013
Administrative practice and procedure, Claims, Fraud, Penalties.
10 CFR Part 1017
Administrative practice and procedure, Government contracts,
National Defense, Nuclear Energy, Penalties, Security measures.
10 CFR Part 1050
Decorations, medals, awards, Foreign relations, Government
employees, Government property, Reporting and recordkeeping
requirements.
Issued in Washington, DC, on June 21, 2016.
Steven Croley,
General Counsel.
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
0
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.
0
2. Section 207.7 is amended by revising the first sentence of paragraph
(c)(1) to read as follows:
Sec. 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 $10,000 for each violation. * * *
* * * * *
PART 218--STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION
0
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.
0
4. Section 218.42 is amended by revising paragraph (b)(1) to read as
follows:
[[Page 41794]]
Sec. 218.42 Sanctions.
* * * * *
(b) * * * (1) Any person who violates any provision of this part
218 or any order issued pursuant thereto shall be subject to a civil
penalty of not more than $21,661 for each violation.
* * * * *
PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT
0
5. The authority citation for part 429 is revised to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
0
6. Section 429.120 is amended by revising the first sentence to read as
follows:
Sec. 429.120 Maximum civil penalty.
Any person who knowingly violates any provision of Sec. 429.102(a)
may be subject to assessment of a civil penalty of no more than $433
for each violation. * * *
PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT
0
7. The authority citation for part 431 is revised to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
0
8. Section 431.382 is amended by revising paragraph (b) to read as
follows:
Sec. 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 $433
for each violation.
* * * * *
PART 490--ALTERNATIVE FUEL TRANSPORTATION PROGRAM
0
9. The authority citation for part 490 is revised 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.
0
10. Section 490.604 is amended by revising paragraph (a) to read as
follows:
Sec. 490.604 Penalties and Fines.
(a) Civil Penalties. Whoever violates Sec. 490.603 of this part
shall be subject to a civil penalty of not more than $8,386 for each
violation.
* * * * *
PART 501--ADMINISTRATIVE PROCEDURES AND SANCTIONS
0
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.
0
12. Section 501.181 is amended by revising paragraph (c)(1) to read as
follows:
Sec. 501.181 Sanctions.
* * * * *
(c) * * * (1) Any person who violates any provisions of the Act
(other than section 402) or any rule or order thereunder will be
subject to the following civil penalty, which may not exceed $88,613
for each violation: Any person who operates a powerplant or major fuel
burning installation under an exemption, during any 12-calendar-month
period, in excess of that authorized in such exemption will be assessed
a civil penalty of up to $8 for each MCF of natural gas or up to $35
for each barrel of oil used in excess of that authorized in the
exemption.
* * * * *
PART 601--NEW RESTRICTIONS ON LOBBYING
0
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.
0
14. Section 601.400 is amended by revising paragraphs (a), (b) and (e)
to read as follows:
Sec. 601.400 Penalties.
(a) Any person who makes an expenditure prohibited herein shall be
subject to a civil penalty of not less than $18,936 and not more than
$189,361 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 herein,
shall be subject to a civil penalty of not less than $18,936 and not
more than $189,361 for each such failure.
* * * * *
(e) First offenders under paragraphs (a) or (b) of this section
shall be subject to a civil penalty of $18,936, absent aggravating
circumstances. Second and subsequent offenses by persons shall be
subject to an appropriate civil penalty between $18,936 and $189,361,
as determined by the agency head or his or her designee.
* * * * *
0
15. Appendix A to part 601 is amended by:
0
a. Revising the last sentence of the second undesignated paragraph, in
paragraph (3) of the section entitled, ``Certification for Contracts,
Grants, Loans, and Cooperative Agreements''; and
0
b. Revising the last sentence of the third undesignated paragraph, in
the section entitled, ``Statement for Loan Guarantees and Loan
Insurance''.
The revisions read as follows:
Appendix A to Part 601--Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative
Agreements
* * * * *
(3) * * *
* * * Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $18,936 and not
more than $189,361 for each such failure.
Statement for Loan Guarantees and Loan Insurance
* * * * *
* * * Any person who fails to file the required statement shall
be subject to a civil penalty of not less than $18,936 and not more
than $189,361 for each such failure.
PART 820--PROCEDURAL RULES FOR DOE NUCLEAR ACTIVITIES
0
16. The authority citation for part 820 continues to read as follows:
Authority: 42 U.S.C. 2201; 2282(a); 7191; 28 U.S.C. 2461 note;
50 U.S.C. 2410.
0
17. Section 820.80 is amended by revising the first sentence to read as
follows:
Sec. 820.80 Basis and purpose.
This subpart implements the Federal Civil Penalties Inflation
Adjustment Act of 1990 (the Act) (Pub. L. 101-410), as amended by the
Debt Collection Improvement Act of 1996 (Pub. L. 104-134, section
31001) and the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (Pub. L. 114-74, section 701). 28 U.S.C. 2461
note. * * *
0
18. Section 820.81 is amended by revising the first sentence to read as
follows:
Sec. 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 $197,869 for each
such violation. * * *
0
19. Appendix A to part 820 is amended by:
0
a. Revising the fourth sentence of paragraph 2.e., ``Civil Penalty,''
in section IX entitled ``Enforcement Actions''; and
[[Page 41795]]
0
b. Revising paragraph a. in section XII entitled ``Secretarial
Notification and Consultation''.
The revisions read as follows:
Appendix A to Part 820--General Statement of Enforcement Policy
* * * * *
IX. Enforcement Actions
* * * * *
2. Civil Penalty
* * * * *
e. * * * In no instance will a civil penalty for any one
violation exceed the statutory limit, as periodically adjusted for
inflation as required by law. * * *
* * * * *
XII. Secretarial Notification and Consultation
* * * * *
a. Proposals to impose civil penalties in an amount equal to or
greater than the statutory limit, as periodically adjusted for
inflation as required by law;
* * * * *
PART 824--PROCEDURAL RULES FOR THE ASSESSMENT OF CIVIL PENALTIES
FOR CLASSIFIED INFORMATION SECURITY VIOLATIONS
0
20. The authority citation for part 824 is revised 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.
0
21. Section 824.1 is amended by revising the second sentence to read as
follows:
Sec. 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, regulation 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 $141,402
for each violation. * * *
0
22. Section 824.4 is amended by revising paragraph (c) to read as
follows:
Sec. 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 $141,402 for each violation.
* * * * *
0
23. Appendix A to part 824 is amended by:
0
a. Revising the fourth and sixth sentences of paragraph 2.e., in
section VIII entitled ``Enforcement Actions''; and
0
b. Revising the last sentence of paragraph 3.d., ``Adjustment
Factors,'' in section VIII entitled ``Enforcement Actions''.
The revisions read as follows:
Appendix A to Part 824--General Statement of Enforcement Policy
* * * * *
VIII. Enforcement Actions
* * * * *
2. Civil Penalty
* * * * *
e. * * * In no instance will a civil penalty for any one
violation exceed the statutory limit, as periodically adjusted for
inflation as required by law, per violation. * * * Thus, the per
violation cap will not shield a DOE contractor that is or should
have been aware of an ongoing violation and has not reported it to
DOE and taken corrective action despite an opportunity to do so from
liability significantly exceeding the limit. * * *
* * * * *
3. Adjustment Factors
* * * * *
d. * * * Based on the degree of such factors, DOE may escalate
the amount of civil penalties up to the statutory maximum, as
periodically adjusted for inflation as required by law, per
violation per day for continuing violations.
* * * * *
PART 851--WORKER SAFETY AND HEALTH PROGRAM
0
24. The authority citation for part 851 is revised 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.
0
25. Section 851.5 is amended by revising the first sentence of
paragraph (a) to read as follows:
Sec. 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 $91,830 for each such violation. * * *
* * * * *
0
26. Appendix B to part 851 is amended by:
0
a. Revising the last sentences of paragraphs (b)(1) and (2) in section
VI;
0
b. Revising paragraph 1.(e)(1) in section IX ; and
0
c. Revising the fourth sentence in paragraph 2.(f) 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 $91,830.
(2) * * * A Severity Level II violation would be subject to a
base civil penalty up to 50% of the maximum base civil penalty
($45,915).
* * * * *
IX. Enforcement Actions
* * * * *
1. Notice of Violation
* * * * *
(e) * * *
(1) DOE may assess civil penalties of up to $91,830 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).
* * * * *
2. Civil Penalty
* * * * *
(f) * * * In no instance will a civil penalty for any one
violation exceed the statutory limit, as periodically adjusted for
inflation as required by law, per day. * * *
* * * * *
PART 1013--PROGRAM FRAUD CIVIL REMEDIES AND PROCEDURES
0
27. The authority citation for part 1013 continues to reads as follows:
Authority: 31 U.S.C. 3801-3812; 28 U.S.C. 2461 note.
0
28. Section 1013.3 is amended by revising paragraphs (a)(1)(iv) and
(b)(1)(ii) to read as follows:
Sec. 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 $10,781 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
[[Page 41796]]
penalty of not more than $10,781 for each such statement.
* * * * *
PART 1017--IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED
NUCLEAR INFORMATION
0
29. The authority citation for part 1017 is revised 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.
0
30. Section 1017.29 is amended by revising paragraph (c) to read as
follows:
Sec. 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 $254,645 for each
violation.
* * * * *
PART 1050--FOREIGN GIFTS AND DECORATIONS
0
31. 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.
0
32. Section 1050.303 is amended by revising the last sentence in
paragraph (d) to read as follows:
Sec. 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 $19,305.
[FR Doc. 2016-15148 Filed 6-27-16; 8:45 am]
BILLING CODE 6450-01-P
