Inflation Adjustment of Civil Monetary Penalties, 1289-1293 [2018-00206]
Download as PDF
<![CDATA[
1289
Rules and Regulations
Federal Register
Vol. 83, No. 8
Thursday, January 11, 2018
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF ENERGY
10 CFR Parts 207, 218, 429, 431, 490,
501, 601, 820, 824, 851, 1013, 1017, and
1050
Inflation Adjustment of Civil Monetary
Penalties
Office of the General Counsel,
U.S. Department of Energy.
ACTION: Final rule.
AGENCY:
The Department of Energy
(‘‘DOE’’) publishes this final rule to
adjust DOE’s civil monetary penalties
(‘‘CMPs’’) for inflation as mandated by
the Federal Civil Penalties Inflation
Adjustment Act of 1990, as further
amended by the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015 (collectively referred to
herein as ‘‘the Act’’). This rule adjusts
CMPs within the jurisdiction of DOE to
the maximum amount required by the
Act.
DATES: This rule is effective January 11,
2018.
FOR FURTHER INFORMATION CONTACT:
Preeti Chaudhari, U.S. Department of
SUMMARY:
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 the Final Rule
IV. Final Rulemaking
V. Regulatory Review
I. Background
In order to improve the effectiveness
of CMPs and to maintain their deterrent
effect, the Federal Civil Penalties
Inflation Adjustment Act of 1990, 28
U.S.C. 2461 note (‘‘the Inflation
Adjustment Act’’), as further amended
by the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Pub. L. 114–74) (‘‘the 2015 Act’’),
requires Federal agencies to adjust each
CMP provided by law within the
jurisdiction of the agency. The 2015 Act
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. DOE’s
initial catch-up adjustment interim final
rule was published June 28, 2016 (81 FR
41790) and adopted as final without
amendment on December 30, 2016 (81
FR 96349). The 2015 Act also provides
that any increase in a CMP shall apply
only to CMPs, including those whose
associated violation predated such
increase, which are assessed after the
date the increase takes effect.
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 ...................................................................
ethrower on DSK3G9T082PROD with RULES
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 ...................................................................
1 OMB’s annual guidance memorandum was
issued on December 15, 2017, providing the 2018
VerDate Sep<11>2014
16:45 Jan 10, 2018
Jkt 244001
II. Method of Calculation
The method of calculating CMP
adjustments applied in this final rule is
required by the 2015 Act. Under the
2015 Act, annual inflation adjustments
subsequent to the initial catch-up
adjustment are to be based on the
percent change between the October
Consumer Price Index for all Urban
Consumers (CPI–U) preceding the date
of the adjustment, and the prior year’s
October CPI–U. Pursuant to the
aforementioned OMB guidance
memorandum, the adjustment
multiplier for 2018 is 1.02041. In order
to complete the 2018 annual
adjustment, each CMP is multiplied by
the 2018 adjustment multiplier. Under
the 2015 Act, any increase in CMP must
be rounded to the nearest multiple of
$1.
III. Summary of the Final Rule
The following list summarizes DOE
authorities containing CMPs, and the
penalties before and after adjustment.
Before adjustment
10 CFR 601.400 and App A .................................................
10
10
10
10
10
10
10
50
In accordance with the 2015 Act, the
Office of Management and Budget
(OMB) must issue annually guidance on
adjustments to civil monetary penalties.
This final rule to adjust civil monetary
penalties for 2018 is issued in
accordance with applicable law and
OMB’s guidance memorandum on
implementation of the 2018 annual
adjustment.1
After adjustment
$10,1641 ..............................................................................
22,015 ..................................................................................
440 .......................................................................................
440 .......................................................................................
8,523 ....................................................................................
— 90,063 ...............................................................................
8/mcf ................................................................................
— 36/bbl ................................................................................
— minimum 19,246 ...............................................................
— maximum 192,459 ............................................................
201,106 ................................................................................
143,715 ................................................................................
143,715 ................................................................................
93,332 ..................................................................................
10,957 ..................................................................................
258,811 ................................................................................
19,621 ..................................................................................
8,797 ....................................................................................
$10,371.
22,464.
449.
449.
8,697.
— 91,901
8/mcf.
37/bbl.
— minimum 19,639.
— maximum 196,387.
205,211.
146,648.
146,648.
95,237.
11,181.
264,093.
20,021.
8,977.
adjustment multiplier and addressing how to apply
it.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
E:\FR\FM\11JAR1.SGM
11JAR1
1290
Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Rules and Regulations
IV. Final Rulemaking
The 2015 Act requires that annual
adjustments for inflation subsequent to
the initial ‘‘catch-up’’ adjustment be
made notwithstanding 5 U.S.C. 553.
V. Regulatory Review
A. Executive Order 12866
This rule has been determined not to
be a significant regulatory action under
Executive Order 12866, ‘‘Regulatory
Planning and Review,’’ 58 FR 51735
(October 4, 1993). Accordingly, this
action was not subject to review under
that Executive Order by the Office of
Information and Regulatory Affairs of
the Office of Management and Budget.
B. National Environmental Policy Act
DOE has determined that this final
rule is covered under the Categorical
Exclusion found in DOE’s National
Environmental Policy Act regulations at
paragraph A5 of appendix A to subpart
D, 10 CFR part 1021, which applies to
a rulemaking that amends an existing
rule or regulation and that does not
change the environmental effect of the
rule or regulation being amended.
Accordingly, neither an environmental
assessment nor an environmental
impact statement is required.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of an initial regulatory flexibility
analysis for any rule that by law must
be proposed for public comment. As
discussed above, the 2015 Act requires
that annual inflation adjustments
subsequent to the initial catch-up
adjustment be made notwithstanding 5
U.S.C. 553. Because a notice of
proposed rulemaking is not required for
this action pursuant to 5 U.S.C. 553, or
any other law, no regulatory flexibility
analysis has been prepared for this final
rule.
ethrower on DSK3G9T082PROD with RULES
D. Paperwork Reduction Act
This final rule imposes no new
information collection requirements
subject to the Paperwork Reduction Act.
E. Unfunded Mandates Reform Act of
1995
The Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4) generally
requires Federal agencies to examine
closely the impacts of regulatory actions
on State, local, and tribal governments.
Section 201 excepts agencies from
assessing effects on State, local or tribal
governments or the private sector of
rules that incorporate requirements
2 Implemented by 10 CFR 820.81, 10 CFR 851.5,
and appendix B to 10 CFR part 851.
VerDate Sep<11>2014
16:45 Jan 10, 2018
Jkt 244001
specifically set forth in law. Because
this rule incorporates requirements
specifically set forth in 28 U.S.C. 2461
note, DOE is not required to assess its
regulatory effects under section 201.
Unfunded Mandates Reform Act
sections 202 and 205 do not apply to
this action because they apply only to
rules for which a general notice of
proposed rulemaking is published.
Nevertheless, DOE has determined that
this regulatory action does not impose a
Federal mandate on State, local, or tribal
governments or on the public sector.
F. Treasury and General Government
Appropriations Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any
proposed rule that may affect family
well-being. This rule would not have
any impact on the autonomy or integrity
of the family as an institution.
Accordingly, DOE has concluded that it
is not necessary to prepare a Family
Policymaking Assessment.
G. Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (August 4, 1999) imposes
certain requirements on agencies
formulating and implementing policies
or regulations that preempt State law or
that have federalism implications.
Agencies are required to examine the
constitutional and statutory authority
supporting any action that would limit
the policymaking discretion of the
States and carefully assess the necessity
for such actions. DOE has examined this
rule and has determined that it would
not preempt State law and would not
have a substantial direct effect on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government. No further action
is required by Executive Order 13132.
H. Executive Order 12988
With respect to the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (February 7, 1996),
imposes on Executive agencies the
general duty to adhere to the following
requirements: (1) Eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation; and
(3) provide a clear legal standard for
affected conduct rather than a general
standard and promote simplification
and burden reduction. With regard to
the review required by section 3(a),
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
section 3(b) of Executive Order 12988
specifically requires that Executive
agencies make every reasonable effort to
ensure that the regulation: (1) Clearly
specifies the preemptive effect, if any;
(2) clearly specifies any effect on
existing Federal law or regulation; (3)
provides a clear legal standard for
affected conduct while promoting
simplification and burden reduction; (4)
specifies the retroactive effect, if any; (5)
adequately defines key terms; and (6)
addresses other important issues
affecting clarity and general
draftsmanship under any guidelines
issued by the Attorney General. Section
3(c) of Executive Order 12988 requires
Executive agencies to review regulations
in light of applicable standards in
section 3(a) and section 3(b) to
determine whether they are met or it is
unreasonable to meet one or more of
them. DOE has completed the required
review and determined that, to the
extent permitted by law, this rule meets
the relevant standards of Executive
Order 12988.
I. Treasury and General Government
Appropriations Act, 2001
The Treasury and General
Government Appropriations Act, 2001
(44 U.S.C. 3516 note) provides for
agencies to review most disseminations
of information to the public under
guidelines established by each agency
pursuant to general guidelines issued by
OMB. OMB’s guidelines were published
at 67 FR 8452 (February 22, 2002), and
DOE’s guidelines were published at 67
FR 62446 (October 7, 2002). DOE has
reviewed this rule under the OMB and
DOE guidelines and has concluded that
it is consistent with applicable policies
in those guidelines.
J. Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001) requires Federal agencies to
prepare and submit to OMB, a
Statement of Energy Effects for any
proposed significant energy action. A
‘‘significant energy action’’ is defined as
any action by an agency that
promulgated or is expected to lead to
promulgation of a final rule, and that:
(1) Is a significant regulatory action
under Executive Order 12866, or any
successor order; and (2) is likely to have
a significant adverse effect on the
supply, distribution, or use of energy, or
(3) is designated by the Administrator of
OIRA as a significant energy action. For
any proposed significant energy action,
the agency must give a detailed
statement of any adverse effects on
E:\FR\FM\11JAR1.SGM
11JAR1
Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Rules and Regulations
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.
10 CFR Part 824
§ 218.42
Government contracts, Nuclear
materials, Penalties, Security measures.
*
K. Congressional Notification
As required by 5 U.S.C. 801, DOE will
submit to Congress a report regarding
the issuance of this final rule prior to
the effective date set forth at the outset
of this rulemaking. The report will state
that it has been determined that the rule
is not a ‘‘major rule’’ as defined by 5
U.S.C. 801(2).
Administrative practice and
procedure, Claims, Fraud, Penalties.
L. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this final rule.
Decorations, medals, awards, Foreign
relations, Government employees,
Government property, Reporting and
recordkeeping requirements.
List of Subjects
Issued in Washington, DC, on January 4,
2018.
John T. Lucas,
Acting General Counsel.
10 CFR Part 207
Administrative practice and
procedure, Energy, Penalties.
10 CFR Part 429
Confidential business information,
Energy conservation, Household
appliances, Imports, Incorporation by
reference, Reporting and recordkeeping
requirements.
10 CFR Part 431
Administrative practices and
procedure, Confidential business
information, Energy conservation,
Incorporation by reference, Reporting
and recordkeeping requirements.
10 CFR Part 490
Administrative practice and
procedure, Energy conservation,
Penalties.
10 CFR Part 501
Administrative practice and
procedure, Electric power plants,
Energy conservation, Natural gas,
Petroleum.
10 CFR Part 601
Government contracts, Grant
programs, Loan programs, Penalties.
10 CFR Part 820
Administrative practice and
procedure, Government contracts,
Penalties, Radiation protection.
VerDate Sep<11>2014
16:45 Jan 10, 2018
Jkt 244001
10 CFR Part 851
Civil penalty, Hazardous substances,
Occupational safety and health, Safety,
Reporting and recordkeeping
requirements.
10 CFR Part 1013
10 CFR Part 1017
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 $22,464 for each violation.
*
*
*
*
*
PART 429—CERTIFICATION,
COMPLIANCE, AND ENFORCEMENT
FOR CONSUMER PRODUCTS AND
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
5. The authority citation for part 429
continues to read as follows:
Administrative practice and
procedure, Government contracts,
National Defense, Nuclear Energy,
Penalties, Security measures.
■
10 CFR Part 1050
■
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.
10 CFR Part 218
Administrative practice and
procedure, Penalties, Petroleum
allocation.
ethrower on DSK3G9T082PROD with RULES
1291
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:
■
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 $10,371 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:
■
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
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 $449 for each violation.
*
*
*
*
*
PART 431—ENERGY EFFICIENCY
PROGRAM FOR CERTAIN
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
7. The authority citation for part 431
continues to read as follows:
■
■
§ 207.7
Authority: 42 U.S.C. 6291–6317; 28 U.S.C.
2461 note.
Authority: 42 U.S.C. 6291–6317; 28 U.S.C.
2461 note.
8. Section 431.382 is amended by
revising paragraph (b) to read as follows:
■
§ 431.382
Prohibited acts.
*
*
*
*
*
(b) In accordance with sections 333
and 345 of the Act, any person who
knowingly violates any provision of
paragraph (a) of this section may be
subject to assessment of a civil penalty
of no more than $449 for each violation.
*
*
*
*
*
PART 490—ALTERNATIVE FUEL
TRANSPORTATION PROGRAM
9. The authority citation for part 490
continues to read as follows:
■
Authority: 42 U.S.C. 7191 et seq.; 42 U.S.C.
13201, 13211, 13220, 13251 et seq; 28 U.S.C.
2461 note.
10. Section 490.604 is amended by
revising paragraph (a) to read as follows:
■
§ 490.604
Penalties and Fines.
(a) Civil penalties. Whoever violates
§ 490.603 shall be subject to a civil
E:\FR\FM\11JAR1.SGM
11JAR1
1292
Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Rules and Regulations
penalty of not more than $8,697 for each
violation.
*
*
*
*
*
determined by the agency head or his or
her designee.
*
*
*
*
*
PART 501—ADMINISTRATIVE
PROCEDURES AND SANCTIONS
Appendix A to Part 601 [Amended]
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 $91,901 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 $37 for
each barrel of oil used in excess of that
authorized in the exemption.
*
*
*
*
*
PART 601—NEW RESTRICTIONS ON
LOBBYING
13. The authority citation for part 601
continues to read as follows:
■
Authority: 31 U.S.C. 1352; 42 U.S.C. 7254
and 7256; 31 U.S.C. 6301–6308; 28 U.S.C.
2461 note.
14. Section 601.400 is amended by
revising paragraphs (a), (b) and (e) to
read as follows:
■
ethrower on DSK3G9T082PROD with RULES
§ 601.400
Jkt 244001
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 $146,648 for each
violation.
*
*
*
*
*
PART 851—WORKER SAFETY AND
HEALTH PROGRAM
21. The authority citation for part 851
continues to read as follows:
■
Authority: 42 U.S.C. 2201(i)(3), (p); 42
U.S.C. 2282c; 42 U.S.C. 5801 et seq.; 42
U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.;
28 U.S.C. 2461 note.
■
22. Section 851.5 is amended by
revising the first sentence of paragraph
(a) to read as follows:
Authority: 42 U.S.C. 2201; 2282(a); 7191;
28 U.S.C. 2461 note; 50 U.S.C. 2410.
§ 851.5
■
16. The authority citation for part 820
continues to read as follows:
17. Section 820.81 is amended by
revising the first sentence to read as
follows:
■
§ 820.81
Amount of penalty.
Any person subject to a penalty under
42 U.S.C. 2282a shall be subject to a
civil penalty in an amount not to exceed
$205,211 for each such violation.
*
*
*
*
*
PART 824—PROCEDURAL RULES
FOR THE ASSESSMENT OF CIVIL
PENALTIES FOR CLASSIFIED
INFORMATION SECURITY
VIOLATIONS
18. The authority citation for part 824
continues to read as follows:
(a) Any person who makes an
expenditure prohibited herein shall be
subject to a civil penalty of not less than
$19,639 and not more than $196,387 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
$19,639 and not more than $196,387 for
each such failure.
*
*
*
*
*
(e) First offenders under paragraph (a)
or (b) of this section shall be subject to
a civil penalty of $19,639, absent
aggravating circumstances. Second and
subsequent offenses by persons shall be
subject to an appropriate civil penalty
between $19,639 and $196,387, as
16:45 Jan 10, 2018
PART 820—PROCEDURAL RULES
FOR DOE NUCLEAR ACTIVITIES
■
Penalties.
VerDate Sep<11>2014
15. Appendix A to part 601 is
amended by:
■ a. Removing ‘‘$19,246’’ wherever it
appears and adding in its place
‘‘$19,639’’.
■ b. Removing ‘‘$192,459’’ wherever it
appears and adding in its place
‘‘$196,387’’.
■ c. Removing the second instance of
the phrase ‘‘Any person who fails to file
the required certification’’ and adding in
its place the phrase ‘‘Any person who
fails to file the required statement’’.
■
11. The authority citation for part 501
continues to read as follows:
■
§ 824.4
Authority: 42 U.S.C. 2201, 2282b, 7101 et
seq., 50 U.S.C. 2401 et seq.; 28 U.S.C. 2461
note.
19. Section 824.1 is amended by
revising the second sentence to read as
follows:
■
§ 824.1
Purpose and scope.
* * * Subsection a. provides that any
person who has entered into a contract
or agreement with the Department of
Energy, or a subcontract or
subagreement thereto, and who violates
(or whose employee violates) any
applicable rule, 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 $146,648
for each violation. * * *
■ 20. Section 824.4 is amended by
revising paragraph (c) to read as follows:
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
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 $95,237 for each such violation.
* * *
*
*
*
*
*
■ 23. Appendix B to part 851 is
amended by:
■ a. Revising the last sentences of
paragraphs (b)(1) and (2) in section VI;
and
■ b. Revising paragraph 1.(e)(1) in
section IX.
The revisions read as follows:
Appendix B to Part 851—General
Statement of Enforcement Policy
*
*
*
*
*
VI. Severity of Violations
*
*
*
*
*
(b) * * *
(1) * * * A Severity Level I violation
would be subject to a base civil penalty
of up to 100% of the maximum base
civil penalty of $95,237.
(2) * * * A Severity Level II violation
would be subject to a base civil penalty
up to 50% of the maximum base civil
penalty ($47,618).
*
*
*
*
*
IX. Enforcement Actions
*
*
*
*
*
1. Notice of Violation
*
*
*
*
*
(e) * * *
(1) DOE may assess civil penalties of
up to $95,237 per violation per day on
contractors (and their subcontractors
E:\FR\FM\11JAR1.SGM
11JAR1
Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Rules and Regulations
and suppliers) that are indemnified by
the Price-Anderson Act, 42 U.S.C.
2210(d). See 10 CFR 851.5(a).
*
*
*
*
*
PART 1013—PROGRAM FRAUD CIVIL
REMEDIES AND PROCEDURES
25. Section 1013.3 is amended by
revising paragraphs (a)(1)(iv) and
(b)(1)(ii) to read as follows:
■
§ 1013.3 Basis for civil penalties and
assessments.
BILLING CODE 6450–01–P
PART 1017—IDENTIFICATION AND
PROTECTION OF UNCLASSIFIED
CONTROLLED NUCLEAR
INFORMATION
26. The authority citation for part
1017 continues to read as follows:
■
Authority: 42 U.S.C. 7101 et seq.; 50 U.S.C.
2401 et seq.; 42 U.S.C. 2168; 28 U.S.C. 2461
note.
27. Section 1017.29 is amended by
revising paragraph (c) to read as follows:
■
Civil penalty.
ethrower on DSK3G9T082PROD with RULES
*
*
*
*
(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 $264,093 for each violation.
*
*
*
*
*
28. The authority citation for part
1050 continues to read as follows:
■
VerDate Sep<11>2014
16:45 Jan 10, 2018
Jkt 244001
*
*
*
*
(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 $20,021.
[FR Doc. 2018–00206 Filed 1–10–18; 8:45 am]
(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 $11,181 for
each such claim.
*
*
*
*
*
(b) * * *
(1) * * *
(ii) Contains or is accompanied by an
express certification or affirmation of
the truthfulness and accuracy of the
contents of the statement, shall be
subject, in addition to any other remedy
that may be prescribed by law, to a civil
penalty of not more than $11,181 for
each such statement.
*
*
*
*
*
PART 1050—FOREIGN GIFTS AND
DECORATIONS
Enforcement.
*
Authority: 31 U.S.C. 3801–3812; 28 U.S.C.
2461 note.
*
29. Section 1050.303 is amended by
revising the last sentence in paragraph
(d) to read as follows:
■
§ 1050.303
24. The authority citation for part
1013 continues to read as follows:
■
§ 1017.29
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.
FARM CREDIT ADMINISTRATION
12 CFR Part 622
RIN 3052–AD29
Rules of Practice and Procedure;
Adjusting Civil Money Penalties for
Inflation
Farm Credit Administration.
Final rule.
AGENCY:
ACTION:
This regulation implements
inflation adjustments to civil money
penalties (CMPs) that the Farm Credit
Administration (FCA) may impose or
enforce pursuant to the Farm Credit Act
of 1971, as amended (Farm Credit Act),
and pursuant to the Flood Disaster
Protection Act of 1973, as amended by
the National Flood Insurance Reform
Act of 1994 (Reform Act), and further
amended by the Biggert-Waters Flood
Insurance Reform Act of 2012 (BiggertWaters Act).
DATES: Effective date: This regulation is
effective on January 15, 2018.
FOR FURTHER INFORMATION CONTACT:
Michael T. Wilson, Policy Analyst,
Office of Regulatory Policy, (703) 883–
4124, TTY (703) 883–4056, wilsonm@
fca.gov, or Autumn R. Agans, AttorneyAdvisor, Office of General Counsel,
(703) 883–4082, TTY (703) 883–4056,
agansa@fca.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Objective
The objective of this regulation is to
adjust the maximum CMPs for inflation
through a final rulemaking to retain the
deterrent effect of such penalties.
II. Background
A. Introduction
The Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by
the Debt Collection Improvement Act of
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
1293
1996 (1996 Act) and the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (2015 Act)
(collectively, 1990 Act, as amended),
requires all Federal agencies with the
authority to enforce CMPs to evaluate
and adjust, if necessary, those CMPs
each year to ensure that they continue
to maintain their deterrent value and
promote compliance with the law.
Section 3(2) of the 1990 Act, as
amended, defines a civil monetary
penalty 1 as any penalty, fine, or other
sanction that: (1) Either is for a specific
monetary amount as provided by
Federal law or has a maximum amount
provided for by Federal law; (2) is
assessed or enforced by an agency
pursuant to Federal law; and (3) is
assessed or enforced pursuant to an
administrative proceeding or a civil
action in the Federal courts.2
The FCA imposes and enforces CMPs
through the Farm Credit Act 3 and the
Flood Disaster Protection Act of 1973, as
amended. FCA’s regulations governing
CMPs are found in 12 CFR parts 622 and
623. Part 622 establishes rules of
practice and procedure applicable to
formal and informal hearings held
before the FCA, and to formal
investigations conducted under the
Farm Credit Act. Part 623 prescribes
rules regarding persons who may
practice before the FCA and the
circumstances under which such
persons may be suspended or debarred
from practice before the FCA.
B. CMPs Issued Under the Farm Credit
Act
The Farm Credit Act provides that
any Farm Credit System (System)
institution or any officer, director,
employee, agent, or other person
participating in the conduct of the
affairs of a System institution who
violates the terms of a cease-and-desist
order that has become final pursuant to
section 5.25 or 5.26 of the Farm Credit
Act must pay up to a maximum daily
amount of $1,000 4 during which such
violation continues. This CMP
maximum was set by the Farm Credit
Amendments Act of 1985, which
amended the Farm Credit Act. Orders
1 Note: While the 1990 Act, as amended by 1996
and 2015 Acts, uses the term ‘‘civil monetary
penalties’’ for these penalties or other sanctions, the
Farm Credit Act and the FCA Regulations use the
term ‘‘civil money penalties.’’ Both terms have the
same meaning. Accordingly, this rule uses the term
civil money penalty, and both terms may be used
interchangeably.
2 See 28 U.S.C. 2461 note.
3 Public Law 92–181, as amended.
4 The inflation-adjusted CMP in effect on January
15, 2017, for a violation of a final order is $2,224
per day, as set forth in § 622.61(a)(1) of FCA
regulations.
E:\FR\FM\11JAR1.SGM
11JAR1
]]>Agencies
[Federal Register Volume 83, Number 8 (Thursday, January 11, 2018)]
[Rules and Regulations]
[Pages 1289-1293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00206]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 /
Rules and Regulations
[[Page 1289]]
DEPARTMENT OF ENERGY
10 CFR Parts 207, 218, 429, 431, 490, 501, 601, 820, 824, 851,
1013, 1017, and 1050
Inflation Adjustment of Civil Monetary Penalties
AGENCY: Office of the General Counsel, U.S. Department of Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Energy (``DOE'') publishes this final rule
to adjust DOE's civil monetary penalties (``CMPs'') for inflation as
mandated by the Federal Civil Penalties Inflation Adjustment Act of
1990, as further amended by the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (collectively referred to
herein as ``the Act''). This rule adjusts CMPs within the jurisdiction
of DOE to the maximum amount required by the Act.
DATES: This rule is effective January 11, 2018.
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 the Final Rule
IV. Final Rulemaking
V. Regulatory Review
I. Background
In order to improve the effectiveness of CMPs and to maintain their
deterrent effect, the Federal Civil Penalties Inflation Adjustment Act
of 1990, 28 U.S.C. 2461 note (``the Inflation Adjustment Act''), as
further amended by the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (Pub. L. 114-74) (``the 2015 Act''), requires
Federal agencies to adjust each CMP provided by law within the
jurisdiction of the agency. The 2015 Act 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. DOE's initial catch-up
adjustment interim final rule was published June 28, 2016 (81 FR 41790)
and adopted as final without amendment on December 30, 2016 (81 FR
96349). The 2015 Act also provides that any increase in a CMP shall
apply only to CMPs, including those whose associated violation predated
such increase, which are assessed after the date the increase takes
effect.
In accordance with the 2015 Act, the Office of Management and
Budget (OMB) must issue annually guidance on adjustments to civil
monetary penalties. This final rule to adjust civil monetary penalties
for 2018 is issued in accordance with applicable law and OMB's guidance
memorandum on implementation of the 2018 annual adjustment.\1\
---------------------------------------------------------------------------
\1\ OMB's annual guidance memorandum was issued on December 15,
2017, providing the 2018 adjustment multiplier and addressing how to
apply it.
---------------------------------------------------------------------------
II. Method of Calculation
The method of calculating CMP adjustments applied in this final
rule is required by the 2015 Act. Under the 2015 Act, annual inflation
adjustments subsequent to the initial catch-up adjustment are to be
based on the percent change between the October Consumer Price Index
for all Urban Consumers (CPI-U) preceding the date of the adjustment,
and the prior year's October CPI-U. Pursuant to the aforementioned OMB
guidance memorandum, the adjustment multiplier for 2018 is 1.02041. In
order to complete the 2018 annual adjustment, each CMP is multiplied by
the 2018 adjustment multiplier. Under the 2015 Act, any increase in CMP
must be rounded to the nearest multiple of $1.
III. Summary of the Final Rule
The following list summarizes DOE authorities containing CMPs, and
the penalties before and after adjustment.
----------------------------------------------------------------------------------------------------------------
DOE authority containing civil monetary
penalty Before adjustment After adjustment
----------------------------------------------------------------------------------------------------------------
10 CFR 207.7............................. $10,1641.................... $10,371.
10 CFR 218.42............................ 22,015...................... 22,464.
10 CFR 429.120........................... 440......................... 449.
10 CFR 431.382........................... 440......................... 449.
10 CFR 490.604........................... 8,523....................... 8,697.
10 CFR 501.181........................... -- 90,063................... -- 91,901
8/mcf...................... 8/mcf.
-- 36/bbl................... 37/bbl.
10 CFR 601.400 and App A................. -- minimum 19,246........... -- minimum 19,639.
-- maximum 192,459.......... -- maximum 196,387.
10 CFR 820.81............................ 201,106..................... 205,211.
10 CFR 824.1 and App A................... 143,715..................... 146,648.
10 CFR 824.4 and App A................... 143,715..................... 146,648.
10 CFR 851.5 and App B................... 93,332...................... 95,237.
10 CFR 1013.3............................ 10,957...................... 11,181.
10 CFR 1017.29........................... 258,811..................... 264,093.
10 CFR 1050.303.......................... 19,621...................... 20,021.
50 U.S.C. 2731 \2\....................... 8,797....................... 8,977.
----------------------------------------------------------------------------------------------------------------
[[Page 1290]]
IV. Final Rulemaking
---------------------------------------------------------------------------
\2\ Implemented by 10 CFR 820.81, 10 CFR 851.5, and appendix B
to 10 CFR part 851.
---------------------------------------------------------------------------
The 2015 Act requires that annual adjustments for inflation
subsequent to the initial ``catch-up'' adjustment be made
notwithstanding 5 U.S.C. 553.
V. Regulatory Review
A. Executive Order 12866
This rule has been determined not to be a significant regulatory
action under Executive Order 12866, ``Regulatory Planning and Review,''
58 FR 51735 (October 4, 1993). Accordingly, this action was not subject
to review under that Executive Order by the Office of Information and
Regulatory Affairs of the Office of Management and Budget.
B. National Environmental Policy Act
DOE has determined that this final rule is covered under the
Categorical Exclusion found in DOE's National Environmental Policy Act
regulations at paragraph A5 of appendix A to subpart D, 10 CFR part
1021, which applies to a rulemaking that amends an existing rule or
regulation and that does not change the environmental effect of the
rule or regulation being amended. Accordingly, neither an environmental
assessment nor an environmental impact statement is required.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis for any rule
that by law must be proposed for public comment. As discussed above,
the 2015 Act requires that annual inflation adjustments subsequent to
the initial catch-up adjustment be made notwithstanding 5 U.S.C. 553.
Because a notice of proposed rulemaking is not required for this action
pursuant to 5 U.S.C. 553, or any other law, no regulatory flexibility
analysis has been prepared for this final rule.
D. Paperwork Reduction Act
This final rule imposes no new information collection requirements
subject to the Paperwork Reduction Act.
E. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally
requires Federal agencies to examine closely the impacts of regulatory
actions on State, local, and tribal governments. Section 201 excepts
agencies from assessing effects on State, local or tribal governments
or the private sector of rules that incorporate requirements
specifically set forth in law. Because this rule incorporates
requirements specifically set forth in 28 U.S.C. 2461 note, DOE is not
required to assess its regulatory effects under section 201. Unfunded
Mandates Reform Act sections 202 and 205 do not apply to this action
because they apply only to rules for which a general notice of proposed
rulemaking is published. Nevertheless, DOE has determined that this
regulatory action does not impose a Federal mandate on State, local, or
tribal governments or on the public sector.
F. Treasury and General Government Appropriations Act, 1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any proposed rule that may affect family
well-being. This rule would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
G. Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999)
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. Agencies are required to examine the constitutional and
statutory authority supporting any action that would limit the
policymaking discretion of the States and carefully assess the
necessity for such actions. DOE has examined this rule and has
determined that it would not preempt State law and would not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. No further
action is required by Executive Order 13132.
H. Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on
Executive agencies the general duty to adhere to the following
requirements: (1) Eliminate drafting errors and ambiguity; (2) write
regulations to minimize litigation; and (3) provide a clear legal
standard for affected conduct rather than a general standard and
promote simplification and burden reduction. With regard to the review
required by section 3(a), section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation: (1) Clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
section 3(a) and section 3(b) to determine whether they are met or it
is unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
this rule meets the relevant standards of Executive Order 12988.
I. Treasury and General Government Appropriations Act, 2001
The Treasury and General Government Appropriations Act, 2001 (44
U.S.C. 3516 note) provides for agencies to review most disseminations
of information to the public under guidelines established by each
agency pursuant to general guidelines issued by OMB. OMB's guidelines
were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines
were published at 67 FR 62446 (October 7, 2002). DOE has reviewed this
rule under the OMB and DOE guidelines and has concluded that it is
consistent with applicable policies in those guidelines.
J. Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001) requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any proposed significant energy
action. A ``significant energy action'' is defined as any action by an
agency that promulgated or is expected to lead to promulgation of a
final rule, and that: (1) Is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy, or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
[[Page 1291]]
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use. This regulatory
action would not have a significant adverse effect on the supply,
distribution, or use of energy and is therefore not a significant
energy action. Accordingly, DOE has not prepared a Statement of Energy
Effects.
K. Congressional Notification
As required by 5 U.S.C. 801, DOE will submit to Congress a report
regarding the issuance of this final rule prior to the effective date
set forth at the outset of this rulemaking. The report will state that
it has been determined that the rule is not a ``major rule'' as defined
by 5 U.S.C. 801(2).
L. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects
10 CFR Part 207
Administrative practice and procedure, Energy, Penalties.
10 CFR Part 218
Administrative practice and procedure, Penalties, Petroleum
allocation.
10 CFR Part 429
Confidential business information, Energy conservation, Household
appliances, Imports, Incorporation by reference, Reporting and
recordkeeping requirements.
10 CFR Part 431
Administrative practices and procedure, Confidential business
information, Energy conservation, Incorporation by reference, Reporting
and recordkeeping requirements.
10 CFR Part 490
Administrative practice and procedure, Energy conservation,
Penalties.
10 CFR Part 501
Administrative practice and procedure, Electric power plants,
Energy conservation, Natural gas, Petroleum.
10 CFR Part 601
Government contracts, Grant programs, Loan programs, Penalties.
10 CFR Part 820
Administrative practice and procedure, Government contracts,
Penalties, Radiation protection.
10 CFR Part 824
Government contracts, Nuclear materials, Penalties, Security
measures.
10 CFR Part 851
Civil penalty, Hazardous substances, Occupational safety and
health, Safety, Reporting and recordkeeping requirements.
10 CFR Part 1013
Administrative practice and procedure, Claims, Fraud, Penalties.
10 CFR Part 1017
Administrative practice and procedure, Government contracts,
National Defense, Nuclear Energy, Penalties, Security measures.
10 CFR Part 1050
Decorations, medals, awards, Foreign relations, Government
employees, Government property, Reporting and recordkeeping
requirements.
Issued in Washington, DC, on January 4, 2018.
John T. Lucas,
Acting 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 $10,371 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:
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 $22,464 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 continues 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 $449
for each violation.
* * * * *
PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT
0
7. The authority citation for part 431 continues to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
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 $449
for each violation.
* * * * *
PART 490--ALTERNATIVE FUEL TRANSPORTATION PROGRAM
0
9. The authority citation for part 490 continues to read as follows:
Authority: 42 U.S.C. 7191 et seq.; 42 U.S.C. 13201, 13211,
13220, 13251 et seq; 28 U.S.C. 2461 note.
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 shall be
subject to a civil
[[Page 1292]]
penalty of not more than $8,697 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 $91,901
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 $37
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 $19,639 and not more than
$196,387 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 $19,639 and not
more than $196,387 for each such failure.
* * * * *
(e) First offenders under paragraph (a) or (b) of this section
shall be subject to a civil penalty of $19,639, absent aggravating
circumstances. Second and subsequent offenses by persons shall be
subject to an appropriate civil penalty between $19,639 and $196,387,
as determined by the agency head or his or her designee.
* * * * *
Appendix A to Part 601 [Amended]
0
15. Appendix A to part 601 is amended by:
0
a. Removing ``$19,246'' wherever it appears and adding in its place
``$19,639''.
0
b. Removing ``$192,459'' wherever it appears and adding in its place
``$196,387''.
0
c. Removing the second instance of the phrase ``Any person who fails to
file the required certification'' and adding in its place the phrase
``Any person who fails to file the required statement''.
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 820.81 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 $205,211 for each
such violation.
* * * * *
PART 824--PROCEDURAL RULES FOR THE ASSESSMENT OF CIVIL PENALTIES
FOR CLASSIFIED INFORMATION SECURITY VIOLATIONS
0
18. The authority citation for part 824 continues to read as follows:
Authority: 42 U.S.C. 2201, 2282b, 7101 et seq., 50 U.S.C. 2401
et seq.; 28 U.S.C. 2461 note.
0
19. 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 $146,648
for each violation. * * *
0
20. 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 $146,648 for each violation.
* * * * *
PART 851--WORKER SAFETY AND HEALTH PROGRAM
0
21. The authority citation for part 851 continues to read as follows:
Authority: 42 U.S.C. 2201(i)(3), (p); 42 U.S.C. 2282c; 42 U.S.C.
5801 et seq.; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; 28
U.S.C. 2461 note.
0
22. 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 $95,237 for each such violation. * * *
* * * * *
0
23. Appendix B to part 851 is amended by:
0
a. Revising the last sentences of paragraphs (b)(1) and (2) in section
VI; and
0
b. Revising paragraph 1.(e)(1) in section IX.
The revisions read as follows:
Appendix B to Part 851--General Statement of Enforcement Policy
* * * * *
VI. Severity of Violations
* * * * *
(b) * * *
(1) * * * A Severity Level I violation would be subject to a base
civil penalty of up to 100% of the maximum base civil penalty of
$95,237.
(2) * * * A Severity Level II violation would be subject to a base
civil penalty up to 50% of the maximum base civil penalty ($47,618).
* * * * *
IX. Enforcement Actions
* * * * *
1. Notice of Violation
* * * * *
(e) * * *
(1) DOE may assess civil penalties of up to $95,237 per violation
per day on contractors (and their subcontractors
[[Page 1293]]
and suppliers) that are indemnified by the Price-Anderson Act, 42
U.S.C. 2210(d). See 10 CFR 851.5(a).
* * * * *
PART 1013--PROGRAM FRAUD CIVIL REMEDIES AND PROCEDURES
0
24. The authority citation for part 1013 continues to read as follows:
Authority: 31 U.S.C. 3801-3812; 28 U.S.C. 2461 note.
0
25. 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 $11,181 for each such claim.
* * * * *
(b) * * *
(1) * * *
(ii) Contains or is accompanied by an express certification or
affirmation of the truthfulness and accuracy of the contents of the
statement, shall be subject, in addition to any other remedy that may
be prescribed by law, to a civil penalty of not more than $11,181 for
each such statement.
* * * * *
PART 1017--IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED
NUCLEAR INFORMATION
0
26. The authority citation for part 1017 continues to read as follows:
Authority: 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; 42
U.S.C. 2168; 28 U.S.C. 2461 note.
0
27. 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 $264,093 for each
violation.
* * * * *
PART 1050--FOREIGN GIFTS AND DECORATIONS
0
28. The authority citation for part 1050 continues to read as follows:
Authority: The Constitution of the United States, Article I,
Section 9; 5 U.S.C. 7342; 22 U.S.C. 2694; 42 U.S.C. 7254 and 7262;
28 U.S.C. 2461 note.
0
29. 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 $20,021.
[FR Doc. 2018-00206 Filed 1-10-18; 8:45 am]
BILLING CODE 6450-01-P
