Inflation Adjustment of Civil Monetary Penalties, 66080-66084 [2018-27670]

Download as PDF 66080 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations Material Safety and Safeguards; telephone: 301–415–6825; email: Christian.Jacobs@nrc.gov or Edward M. Lohr, Office of Nuclear Material Safety and Safeguards; telephone: 301–415– 0253; email: Edward.Lohr@nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. On November 7, 2018 (83 FR 55601), the NRC published a direct final rule amending its regulations in part 72 of title 10 of the Code of Federal Regulations by revising the ‘‘List of approved spent fuel storage casks’’ to include Renewed Amendment No. 15 to Certificate of Compliance No. 1004 for the TN Americas LLC Standardized NUHOMS® Horizontal Modular Storage System. Renewed Amendment No. 15 revised the technical specifications of the certificate of compliance to: Unify and standardize fuel qualification tables; revise existing and add new heat load zoning configurations; increase the allowable maximum assembly average burnup; allow loading of damaged fuel assemblies under certain conditions; expand the definition of the poison rod assemblies to include rod cluster control assembly materials; allow other zirconium alloy cladding materials; add model OS197 as an authorized transfer cask; add the description for the solar shield in the updated final safety analysis report; and add flexibility to general licensees in verifying compliance regarding the storage pad location and the soil-structure interaction. Additionally, the rulemaking made clarifications to rule text related to the certificate of compliance by removing redundant language. In the direct final rule, the NRC stated that if no significant adverse comments were received, the direct final rule would become effective on January 22, 2019. As described more fully in the direct final rule, a significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule’s underlying premise or approach, or would be ineffective or unacceptable without a change. The NRC received two comments and has determined that they are not significant adverse comments. One comment agreed with the proposed changes to the regulations. The second comment concerned transportation of nuclear waste fuel to another country. As this rulemaking only addressed the changes to the technical specifications for dry shielded canisters used to store amozie on DSK3GDR082PROD with RULES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:38 Dec 21, 2018 Jkt 247001 nuclear waste on-site, the NRC determined this comment to be out of scope. Because no significant adverse comments were received, the direct final rule will become effective as scheduled. Dated at Rockville, Maryland, this 18th day of December, 2018. For the Nuclear Regulatory Commission. Cindy K. Bladey, Chief, Regulatory Analysis and Rulemaking Support Branch, Division of Rulemaking, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2018–27810 Filed 12–21–18; 8:45 am] BILLING CODE 7590–01–P 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. SUMMARY: This rule is effective on December 26, 2018. DATES: 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 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 Frm 00004 Fmt 4700 Sfmt 4700 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 2019 is issued in accordance with applicable law and OMB’s guidance memorandum on implementation of the 2019 annual adjustment.1 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 2019 is 1.02522. In order to complete the 2019 annual adjustment, each CMP is multiplied by the 2019 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 I. Background PO 00000 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. The following list summarizes DOE authorities containing CMPs, and the penalties before and after adjustment. 1 OMB’s annual guidance memorandum was issued on December 14, 2018, providing the 2019 adjustment multiplier and addressing how to apply it. E:\FR\FM\26DER1.SGM 26DER1 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations Before adjustment 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 .......................................................................................... 10 CFR 601.400 and App A ........................................................................ 10 10 10 10 10 10 10 42 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. 2282(a) 2 ...................................................................................... U.S.C. 2731 3 .......................................................................................... 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. amozie on DSK3GDR082PROD with RULES 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 2 Adjustment applies only to violations of 42 U.S.C. 2077(b), consistent with Public Law 115–232 (August 13, 2018). 3 Implemented by 10 CFR 820.81, 10 CFR 851.5, and appendix B to 10 CFR part 851. VerDate Sep<11>2014 16:56 Dec 21, 2018 Jkt 247001 66081 After adjustment $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 ....................................... $100,000 ..................................... $8,977 ......................................... $10,633 $23,031 $460 $460 $8,916 ¥$94,219 ¥$8/mcf ¥$38/bbl ¥ minimum $20,134 ¥ maximum $201,340 $210,386 $150,346 $150,346 $97,639 $11,463 $270,753 $20,526 $102,522 $9,203 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. 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. D. Paperwork Reduction Act G. Executive Order 13132 This final rule imposes no new information collection requirements subject to the Paperwork Reduction Act. 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. 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 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 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 E:\FR\FM\26DER1.SGM 26DER1 66082 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations 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. amozie on DSK3GDR082PROD with RULES 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, VerDate Sep<11>2014 16:56 Dec 21, 2018 Jkt 247001 the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. This regulatory action would not have a significant adverse effect on the supply, distribution, or use of energy and is therefore not a significant energy action. Accordingly, DOE has not prepared a Statement of Energy Effects. K. Congressional Notification As required by 5 U.S.C. 801, DOE will submit to Congress a report regarding the issuance of this final rule prior to the effective date set forth at the outset of this rulemaking. The report will state that it has been determined that the rule is not a ‘‘major rule’’ as defined by 5 U.S.C. 801(2). L. Approval of the Office of the Secretary The Secretary of Energy has approved publication of this final rule. List of Subjects 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 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. Fmt 4700 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. 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: ■ Administrative practices and procedure, Confidential business information, Energy conservation, Incorporation by reference, Reporting and recordkeeping requirements. Frm 00006 10 CFR Part 824 Government contracts, Nuclear materials, Penalties, Security measures. Dated: Signed in Washington, DC, on December 17, 2018. Theodore J. Garrish, Acting General Counsel. 10 CFR Part 207 PO 00000 10 CFR Part 820 Administrative practice and procedure, Government contracts, Penalties, Radiation protection. Sfmt 4700 § 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 $10,633 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. E:\FR\FM\26DER1.SGM 26DER1 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations § 490.604 4. Section 218.42 is amended by revising paragraph (b)(1) to read as follows: ■ § 218.42 Sanctions. * * * * * (b) * * * (1) Any person who violates any provision of this part or any order issued pursuant thereto shall be subject to a civil penalty of not more than $23,031 for each violation. * * * * * aggravating circumstances. Second and subsequent offenses by persons shall be subject to an appropriate civil penalty between $20,134 and $201,340, as determined by the agency head or his or her designee. * * * * * PART 501—ADMINISTRATIVE PROCEDURES AND SANCTIONS Appendix A to Part 601 [Amended] 11. The authority citation for part 501 continues to read as follows: ■ 12. Section 501.181 is amended by revising paragraph (c)(1) to read as follows: ■ 5. The authority citation for part 429 continues to read as follows: ■ § 501.181 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: ■ 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 $460 for each violation. * * * PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT 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 $94,219 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 $38 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 continues to read as follows: ■ Authority: 42 U.S.C. 6291–6317; 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: 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. § 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 $460 for each violation. * * * * * PART 490—ALTERNATIVE FUEL TRANSPORTATION PROGRAM 9. The authority citation for part 490 continues to read as follows: ■ amozie on DSK3GDR082PROD with RULES (a) Civil penalties. Whoever violates § 490.603 shall be subject to a civil penalty of not more than $8,916 for each violation. * * * * * 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. PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT § 429.120 Penalties and Fines. 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: ■ VerDate Sep<11>2014 16:56 Dec 21, 2018 Jkt 247001 66083 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 $20,134 and not more than $201,340 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 $20,134 and not more than $201,340 for each such failure. * * * * * (e) First offenders under paragraph (a) or (b) of this section shall be subject to a civil penalty of $20,134, absent PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 15. Appendix A to part 601 is amended by: ■ a. Removing ‘‘$19,639’’ wherever it appears and adding in its place ‘‘$20,134’’; and ■ b. Removing ‘‘$196,387’’ wherever it appears and adding in its place ‘‘$201,340’’. ■ 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 820.81 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 $210,386 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: ■ 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 $150,346 for each violation. * * * ■ 20. Section 824.4 is amended by revising paragraph (c) to read as follows: § 824.4 * E:\FR\FM\26DER1.SGM Civil penalties. * * 26DER1 * * 66084 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations (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 $150,346 for each violation. * * * * * 22. Section 851.5 is amended by revising the first sentence of paragraph (a) to read as follows: ■ 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 $97,639 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: amozie on DSK3GDR082PROD with RULES 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 $97,639. (2) * * * A Severity Level II violation would be subject to a base civil penalty up to 50% of the maximum base civil penalty ($48,820). * * * * * IX. Enforcement Actions * * * * * 1. Notice of Violation * * * * * (e) * * * (1) DOE may assess civil penalties of up to $97,639 per violation per day on contractors (and their subcontractors and suppliers) that are indemnified by Jkt 247001 ■ 24. The authority citation for part 1013 continues to reads as follows: ■ 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. 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. 16:56 Dec 21, 2018 PART 1013—PROGRAM FRAUD CIVIL REMEDIES AND PROCEDURES ■ 21. The authority citation for part 851 continues to read as follows: ■ VerDate Sep<11>2014 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. Authority: 31 U.S.C. 3801–3812; 28 U.S.C. 2461 note. PART 851—WORKER SAFETY AND HEALTH PROGRAM § 851.5 the Price-Anderson Act, 42 U.S.C. 2210(d). See 10 CFR 851.5(a). * * * * * (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 $11,463 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 $11,463 for each such statement. * * * * * 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: ■ § 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 $270,753 for each violation. * * * * * PART 1050—FOREIGN GIFTS AND DECORATIONS 28. The authority citation for part 1050 continues to read as follows: ■ PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 29. 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 $20,526. [FR Doc. 2018–27670 Filed 12–21–18; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. FAA–2018–1054; Special Conditions No. 25–740–SC] Special Conditions: Airbus Model A330–200, A330–200F, A330–300 and A330–900 Series Airplanes; Electronic System Security Protection From Unauthorized Internal Access Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. AGENCY: These special conditions are issued for the Airbus Model A330–200, A330–200F, A330–300, and A330–900 series airplanes. These airplanes will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. This design feature is airplane electronic systems and networks that allow access, from aircraft internal sources (e.g., wireless devices, internet connectivity), to the airplane’s previously isolated, internal, electronic components. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. DATES: This action is effective on Airbus on December 26, 2018. Send comments on or before February 11, 2019. ADDRESSES: Send comments identified by Docket No. FAA–2018–1054 using any of the following methods: SUMMARY: E:\FR\FM\26DER1.SGM 26DER1

Agencies

[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Rules and Regulations]
[Pages 66080-66084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27670]


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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.

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SUMMARY: The Department of Energy (``DOE'') publishes this final rule 
to adjust DOE's civil monetary penalties (``CMPs'') for inflation as 
mandated by the Federal Civil Penalties Inflation Adjustment Act of 
1990, as further amended by the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015 (collectively referred to 
herein as ``the Act''). This rule adjusts CMPs within the jurisdiction 
of DOE to the maximum amount required by the Act.

DATES: This rule is effective on December 26, 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 2019 is issued in accordance with applicable law and OMB's guidance 
memorandum on implementation of the 2019 annual adjustment.\1\
---------------------------------------------------------------------------

    \1\ OMB's annual guidance memorandum was issued on December 14, 
2018, providing the 2019 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 2019 is 1.02522. In 
order to complete the 2019 annual adjustment, each CMP is multiplied by 
the 2019 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.

[[Page 66081]]



----------------------------------------------------------------------------------------------------------------
  DOE authority containing
   civil monetary penalty                Before  adjustment                         After  adjustment
----------------------------------------------------------------------------------------------------------------
10 CFR 207.7................  $10,371.................................  $10,633
10 CFR 218.42...............  $22,464.................................  $23,031
10 CFR 429.120..............  $449....................................  $460
10 CFR 431.382..............  $449....................................  $460
10 CFR 490.604..............  $8,697..................................  $8,916
10 CFR 501.181..............  -$91,901................................  -$94,219
                              -$8/mcf.................................  -$8/mcf
                              -$37/bbl................................  -$38/bbl
10 CFR 601.400 and App A....  - minimum $19,639.......................  - minimum $20,134
                              - maximum $196,387......................  - maximum $201,340
10 CFR 820.81...............  $205,211................................  $210,386
10 CFR 824.1 and App A......  $146,648................................  $150,346
10 CFR 824.4 and App A......  $146,648................................  $150,346
10 CFR 851.5 and App B......  $95,237.................................  $97,639
10 CFR 1013.3...............  $11,181.................................  $11,463
10 CFR 1017.29..............  $264,093................................  $270,753
10 CFR 1050.303.............  $20,021.................................  $20,526
42 U.S.C. 2282(a) \2\.......  $100,000................................  $102,522
50 U.S.C. 2731 \3\..........  $8,977..................................  $9,203
----------------------------------------------------------------------------------------------------------------

IV. Final Rulemaking
---------------------------------------------------------------------------

    \2\ Adjustment applies only to violations of 42 U.S.C. 2077(b), 
consistent with Public Law 115-232 (August 13, 2018).
    \3\ Implemented by 10 CFR 820.81, 10 CFR 851.5, and appendix B 
to 10 CFR part 851.
---------------------------------------------------------------------------

    The 2015 Act requires that annual adjustments for inflation 
subsequent to the initial ``catch-up'' adjustment be made 
notwithstanding 5 U.S.C. 553.

V. Regulatory Review

A. Executive Order 12866

    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

[[Page 66082]]

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 
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.

    Dated: Signed in Washington, DC, on December 17, 2018.
Theodore J. Garrish,
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 $10,633 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.


[[Page 66083]]



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 or 
any order issued pursuant thereto shall be subject to a civil penalty 
of not more than $23,031 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 $460 
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 $460 
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 penalty of not more than $8,916 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 $94,219 
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 $38 
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 $20,134 and not more than 
$201,340 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 $20,134 and not 
more than $201,340 for each such failure.
* * * * *
    (e) First offenders under paragraph (a) or (b) of this section 
shall be subject to a civil penalty of $20,134, absent aggravating 
circumstances. Second and subsequent offenses by persons shall be 
subject to an appropriate civil penalty between $20,134 and $201,340, 
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 ``$19,639'' wherever it appears and adding in its place 
``$20,134''; and
0
b. Removing ``$196,387'' wherever it appears and adding in its place 
``$201,340''.

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 $210,386 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 $150,346 
for each violation. * * *

0
20. Section 824.4 is amended by revising paragraph (c) to read as 
follows:


Sec.  824.4  Civil penalties.

* * * * *

[[Page 66084]]

    (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 $150,346 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 $97,639 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 
$97,639.
    (2) * * * A Severity Level II violation would be subject to a base 
civil penalty up to 50% of the maximum base civil penalty ($48,820).
* * * * *
IX. Enforcement Actions
* * * * *
1. Notice of Violation
* * * * *
    (e) * * *
    (1) DOE may assess civil penalties of up to $97,639 per violation 
per day on contractors (and their subcontractors and suppliers) that 
are indemnified by the Price-Anderson Act, 42 U.S.C. 2210(d). See 10 
CFR 851.5(a).
* * * * *

PART 1013--PROGRAM FRAUD CIVIL REMEDIES AND PROCEDURES

0
24. 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
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 $11,463 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 $11,463 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 $270,753 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 $20,526.

[FR Doc. 2018-27670 Filed 12-21-18; 8:45 am]
 BILLING CODE 6450-01-P