[Federal Register Volume 89, Number 6 (Tuesday, January 9, 2024)]
[Rules and Regulations]
[Pages 1025-1029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28828]



========================================================================
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. 89, No. 6 / Tuesday, January 9, 2024 / Rules 
and Regulations

[[Page 1025]]



DEPARTMENT OF ENERGY

10 CFR Parts 207, 218, 429, 431, 490, 501, 601, 810, 820, 824, 851, 
1013, 1017, and 1050


Inflation Adjustment of Civil Monetary Penalties

AGENCY: Office of the General Counsel, U.S. Department of Energy.

ACTION: Final rule.

-----------------------------------------------------------------------

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

DATES: This rule is effective on January 9, 2024.

FOR FURTHER INFORMATION CONTACT: Preeti Chaudhari, U.S. Department of 
Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue 
SW, Washington, DC 20585, (202) 586-8078, <a href="/cdn-cgi/l/email-protection#f484869191809dda979c9581909c95869db49c85da909b91da939b82"><span class="__cf_email__" data-cfemail="c3b3b1a6a6b7aaeda0aba2b6a7aba2b1aa83abb2eda7aca6eda4acb5">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 
I. Background
II. Method of Calculation
III. Summary of the Final Rule
IV. Final Rulemaking
V. Regulatory Review

I. Background

    In order to improve the effectiveness of CMPs and to maintain their 
deterrent effect, the Federal Civil Penalties Inflation Adjustment Act 
of 1990, 28 U.S.C. 2461 note (``the Inflation Adjustment Act''), as 
further amended by the Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015 (Pub. L. 114-74) (``the 2015 Act''), requires 
Federal agencies to adjust each CMP provided by law within the 
jurisdiction of the agency. The 2015 Act required agencies to adjust 
the level of CMPs with an initial ``catch-up'' adjustment through an 
interim final rulemaking and to make subsequent annual adjustments for 
inflation, notwithstanding 5 U.S.C. 553. DOE's initial catch-up 
adjustment interim final rule was published June 28, 2016 (81 FR 
41790), and adopted as final without amendment on December 30, 2016 (81 
FR 96349). The 2015 Act also provides that any increase in a CMP shall 
apply only to CMPs, including those whose associated violation predated 
such increase, which are assessed after the date the increase takes 
effect.
    In accordance with the 2015 Act, the Office of Management and 
Budget (OMB) must issue annually guidance on adjustments to civil 
monetary penalties. This final rule to adjust civil monetary penalties 
for 2024 is issued in accordance with applicable law and OMB's guidance 
memorandum on implementation of the 2024 annual adjustment.\1\
---------------------------------------------------------------------------

    \1\ OMB's annual guidance memorandum was issued on December 19, 
2023, providing the 2024 adjustment multiplier and addressing how to 
apply it.
---------------------------------------------------------------------------

II. Method of Calculation

    The method of calculating CMP adjustments applied in this final 
rule is required by the 2015 Act. Under the 2015 Act, annual inflation 
adjustments subsequent to the initial catch-up adjustment are to be 
based on the percent change between the October Consumer Price Index 
for all Urban Consumers (CPI-U) preceding the date of the adjustment, 
and the prior year's October CPI-U. Pursuant to the aforementioned OMB 
guidance memorandum, the adjustment multiplier for 2024 is 1.03241. In 
order to complete the 2024 annual adjustment, each CMP is multiplied by 
the 2024 adjustment multiplier. Under the 2015 Act, any increase in CMP 
must be rounded to the nearest multiple of $1.

III. Summary of the Final Rule

    The following list summarizes DOE authorities containing CMPs, and 
the penalties before and after adjustment.
---------------------------------------------------------------------------

    \2\ The CMP authority formerly listed as 42 U.S.C. 2282(a) was 
codified in 10 CFR 810.15 (88 FR 1973, January 12, 2023).

----------------------------------------------------------------------------------------------------------------
   DOE authority containing civil
          monetary penalty                     Before adjustment                      After adjustment
----------------------------------------------------------------------------------------------------------------
10 CFR 207.7.......................  $12,531..............................  $12,937.
10 CFR 218.42......................  $27,140..............................  $28,020.
10 CFR 429.120.....................  $542.................................  $560.
10 CFR 431.382.....................  $542.................................  $560.
10 CFR 490.604.....................  $10,506..............................  $10,846.
10 CFR 501.181.....................  --$111,031...........................  --$114,630.
                                     --$9/mcf.............................  --$9/mcf.
                                     --$44/bbl............................  --$45/bbl.
10 CFR 601.400 and appendix A......  --minimum $23,727....................  --minimum $24,496.
                                     --maximum $237,268...................  --maximum $244,958.
10 CFR 810.15 \2\..................  $120,816.............................  $124,732.
10 CFR 820.81......................  $247,929.............................  $255,964.
10 CFR 824.1.......................  $177,174.............................  $182,916.
10 CFR 824.4.......................  $177,174.............................  $182,916.
10 CFR 851.5 and appendix B........  $115,061.............................  $118,790.
10 CFR 1013.3......................  $13,508..............................  $13,946.
10 CFR 1017.29.....................  $319,067.............................  $329,408.
10 CFR 1050.303....................  $24,189..............................  $24,973.

[[Page 1026]]

 
50 U.S.C. 2731 \3\.................  $10,846..............................  $11,198.
----------------------------------------------------------------------------------------------------------------

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

    \3\ Implemented by 10 CFR 820.81, 10 CFR 851.5, and appendix B 
to 10 CFR part 851.
---------------------------------------------------------------------------

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

V. Regulatory Review

A. Executive Order 12866, 13563, and 14094

    This final rule has been determined not to be a significant 
regulatory action under Executive Order 12866, ``Regulatory Planning 
and Review,'' 58 FR 51735 (October 4, 1993), as supplemented and 
reaffirmed by E.O. 13563, ``Improving Regulation and Regulatory 
Review,'' 76 FR 3821 (Jan. 21, 2011) and amended by E.O. 14094, 
``Modernizing Regulatory Review,'' 88 FR 21879 (April 11, 2023). 
Accordingly, this action was not subject to review under that Executive 
order by the Office of Information and Regulatory Affairs of the Office 
of Management and Budget.

B. National Environmental Policy Act

    DOE has determined that this final rule is covered under the 
Categorical Exclusion found in DOE's National Environmental Policy Act 
regulations at paragraph A5 of appendix A to subpart D, 10 CFR part 
1021, which applies to a rulemaking that amends an existing rule or 
regulation and that does not change the environmental effect of the 
rule or regulation being amended. Accordingly, neither an environmental 
assessment nor an environmental impact statement is required.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis for any rule 
that by law must be proposed for public comment. As discussed 
previously, the 2015 Act requires that annual inflation adjustments 
subsequent to the initial catch-up adjustment be made notwithstanding 5 
U.S.C. 553. Because a notice of proposed rulemaking is not required for 
this action pursuant to 5 U.S.C. 553, or any other law, no regulatory 
flexibility analysis has been prepared for this final rule.

D. Paperwork Reduction Act

    This final rule imposes no new information collection requirements 
subject to the Paperwork Reduction Act.

E. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally 
requires Federal agencies to examine closely the impacts of regulatory 
actions on State, local, and tribal governments. Section 201 excepts 
agencies from assessing effects on State, local or tribal governments 
or the private sector of rules that incorporate requirements 
specifically set forth in law. Because this rule incorporates 
requirements specifically set forth in 28 U.S.C. 2461 note, DOE is not 
required to assess its regulatory effects under section 201. Unfunded 
Mandates Reform Act sections 202 and 205 do not apply to this action 
because they apply only to rules for which a general notice of proposed 
rulemaking is published. Nevertheless, DOE has determined that this 
regulatory action does not impose a Federal mandate on State, local, or 
tribal governments or on the public sector.

F. Treasury and General Government Appropriations Act, 1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any proposed rule that may affect family 
well-being. This final rule would not have any impact on the autonomy 
or integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

G. Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999) 
imposes certain requirements on agencies formulating and implementing 
policies or regulations that preempt State law or that have federalism 
implications. Agencies are required to examine the constitutional and 
statutory authority supporting any action that would limit the 
policymaking discretion of the States and carefully assess the 
necessity for such actions. DOE has examined this rule and has 
determined that it would not preempt State law and would not have a 
substantial direct effect on the States, on the relationship between 
the National Government and the States, or on the distribution of power 
and responsibilities among the various levels of government. No further 
action is required by Executive Order 13132.

H. Executive Order 12988

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3(a) of Executive Order 12988, 
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on 
executive agencies the general duty to adhere to the following 
requirements: (1) eliminate drafting errors and ambiguity; (2) write 
regulations to minimize litigation; and (3) provide a clear legal 
standard for affected conduct rather than a general standard and 
promote simplification and burden reduction. With regard to the review 
required by section 3(a), section 3(b) of Executive Order 12988 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation: (1) clearly specifies the 
preemptive effect, if any; (2) clearly specifies any effect on existing 
Federal law or regulation; (3) provides a clear legal standard for 
affected conduct while promoting simplification and burden reduction; 
(4) specifies the retroactive effect, if any; (5) adequately defines 
key terms; and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3(c) of Executive Order 12988 requires executive 
agencies to review regulations in light of applicable standards in 
section 3(a) and section 3(b) to determine whether they are met or it 
is unreasonable to meet one or more of them. DOE has completed the 
required review and determined that, to the extent permitted by law, 
this rule meets the relevant standards of Executive Order 12988.

I. Treasury and General Government Appropriations Act, 2001

    The Treasury and General Government Appropriations Act, 2001 (44 
U.S.C. 3516 note) provides for agencies to review most disseminations 
of information to the public under guidelines established by each 
agency pursuant to general guidelines issued by OMB. OMB's guidelines 
were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines 
were published at 67 FR 62446 (October 7, 2002). DOE has

[[Page 1027]]

reviewed this final rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

J. Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001) requires Federal agencies to prepare and submit to OMB, 
a Statement of Energy Effects for any proposed significant energy 
action. A ``significant energy action'' is defined as any action by an 
agency that promulgated or is expected to lead to promulgation of a 
final rule, and that: (1) is a significant regulatory action under 
Executive Order 12866, or any successor order; and (2) is likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy, or (3) is designated by the Administrator of the Office of 
Information and Regulatory Affairs (OIRA) as a significant energy 
action. For any proposed significant energy action, the agency must 
give a detailed statement of any adverse effects on energy supply, 
distribution, or use should the proposal be implemented, and of 
reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use. This regulatory action would not 
have a significant adverse effect on the supply, distribution, or use 
of energy and is therefore not a significant energy action. 
Accordingly, DOE has not prepared a Statement of Energy Effects.

K. Congressional Notification

    As required by 5 U.S.C. 801, DOE will submit to Congress a report 
regarding the issuance of this final rule prior to the effective date 
set forth at the outset of this rulemaking. The report will state that 
it has been determined that the rule is not a ``major rule'' as defined 
by 5 U.S.C. 801(2).

L. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
rule.

List of Subjects

10 CFR Part 207

    Administrative practice and procedure, Energy, Penalties.

10 CFR Part 218

    Administrative practice and procedure, Penalties, Petroleum 
allocation.

10 CFR Part 429

    Confidential business information, Energy conservation, Household 
appliances, Imports, Reporting and recordkeeping requirements.

10 CFR Part 431

    Administrative practices and procedure, Confidential business 
information, Energy conservation, Reporting and recordkeeping 
requirements.

10 CFR Part 490

    Administrative practice and procedure, Energy conservation, 
Penalties.

10 CFR Part 501

    Administrative practice and procedure, Electric power plants, 
Energy conservation, Natural gas, Petroleum.

10 CFR Part 601

    Government contracts, Grant programs, Loan programs, Penalties.

10 CFR Part 810

    Foreign relations, Nuclear energy, Reporting and recordkeeping 
requirements.

10 CFR Part 820

    Administrative practice and procedure, Government contracts, 
Penalties, Radiation protection.

10 CFR Part 824

    Government contracts, Nuclear materials, Penalties, Security 
measures.

10 CFR Part 851

    Civil penalty, Hazardous substances, Occupational safety and 
health, Safety, Reporting and recordkeeping requirements.

10 CFR Part 1013

    Administrative practice and procedure, Claims, Fraud, Penalties.

10 CFR Part 1017

    Administrative practice and procedure, Government contracts, 
National defense, Nuclear energy, Penalties, Security measures.

10 CFR Part 1050

    Decorations, medals, awards, Foreign relations, Government 
employees, Government property, Reporting and recordkeeping 
requirements.

Signing Authority

    This document of the Department of Energy was signed on December 
22, 2023, by Samuel Walsh, General Counsel, pursuant to delegated 
authority from the Secretary of Energy. That document with the original 
signature and date is maintained by DOE. For administrative purposes 
only, and in compliance with requirements of the Office of the Federal 
Register, the undersigned DOE Federal Register Liaison Officer has been 
authorized to sign and submit the document in electronic format for 
publication, as an official document of the Department of Energy. This 
administrative process in no way alters the legal effect of this 
document upon publication in the Federal Register.

    Signed in Washington, DC, on December 27, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons set forth in the preamble, DOE amends chapters II, 
III, and X of title 10 of the Code of Federal Regulations as set forth 
below.

PART 207--COLLECTION OF INFORMATION

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 $12,937 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 or any order 
issued pursuant thereto shall be subject to a civil penalty of not more 
than $28,020 for each violation.
* * * * *

[[Page 1028]]

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 $560 
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 $560 
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 $10,846 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 in this subchapter or order under this 
subchapter or the Act will be subject to the following civil penalty, 
which may not exceed $114,630 for each violation: Any person who 
operates a powerplant or major fuel burning installation under an 
exemption, during any 12-calendar-month period, in excess of that 
authorized in such exemption will be assessed a civil penalty of up to 
$9 for each MCF of natural gas or up to $45 for each barrel of oil used 
in excess of that authorized in the exemption.
* * * * *

PART 601--NEW RESTRICTIONS ON LOBBYING

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 by this part 
shall be subject to a civil penalty of not less than $24,496 and not 
more than $244,958 for each such expenditure.
    (b) Any person who fails to file or amend the disclosure form (see 
appendix B to this part) to be filed or amended if required by this 
part, shall be subject to a civil penalty of not less than $24,496 and 
not more than $244,958 for each such failure.
* * * * *
    (e) First offenders under paragraph (a) or (b) of this section 
shall be subject to a civil penalty of $24,496, absent aggravating 
circumstances. Second and subsequent offenses by persons shall be 
subject to an appropriate civil penalty between $24,496 and $244,958, 
as determined by the agency head or his or her designee.
* * * * *

Appendix A to Part 601 [Amended]

0
15. Appendix A to part 601 is amended by:
0
a. Removing ``$23,727'' wherever it appears and adding in its place 
``$24,496''; and
0
b. Removing ``$237,268'' wherever it appears and adding in its place 
``$244,958''.

PART 810--ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES

0
16. The authority citation for part 810 continues to read as follows:

    Authority:  Secs. 57, 127, 128, 129, 161, 222, 232, and 234 AEA, 
as amended by the Nuclear Nonproliferation Act of 1978, Pub. L. 95-
242, 68 Stat. 932, 948, 950, 958, 92 Stat. 126, 136, 137, 138 (42 
U.S.C. 2077, 2156, 2157, 2158, 2201, 2272, 2280, 2282), the 
Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L. 
108-458, 118 Stat. 3768, and sec. 3116 of the John S. McCain 
National Defense Authorization Act for Fiscal Year 2019, Pub. L. 
115-232; Sec. 104 of the Energy Reorganization Act of 1974, Pub. L. 
93-438; Sec. 301, Department of Energy Organization Act, Pub. L. 95-
91; National Nuclear Security Administration Act, Pub. L. 106-65, 50 
U.S.C. 2401 et seq., as amended.


0
17. Section 810.15 is amended by revising the introductory text of 
paragraph (c) to read as follows:


Sec.  810.15  Violations.

* * * * *
    (c) In accordance with section 234 of the AEA, any person who 
violates any provision of section 57 b. of the AEA, as implemented 
under this part, shall be subject to a civil penalty, not to exceed 
$124,732 per violation, such amount to be adjusted annually for 
inflation pursuant to the Federal Civil Penalties Inflation Adjustment 
Act Improvements Act of 2015. If any violation is a continuing one, 
each day from the point at which the violating activity began to the 
point at which the violating activity was suspended shall constitute a 
separate violation for the purpose of computing the applicable civil 
penalty. The mere act of suspending an activity does not constitute 
admission that the activity was a violation and does not waive the 
rights and processes outlined in paragraphs (c)(4) through (14) of this 
section or otherwise impact the right of the person to appeal any civil 
penalty that may be imposed.
* * * * *

PART 820--PROCEDURAL RULES FOR DOE NUCLEAR ACTIVITIES

0
18. The authority citation for part 820 continues to read as follows:

    Authority:  42 U.S.C. 2201; 2282(a); 7191; 28 U.S.C. 2461 note; 
50 U.S.C. 2410.


[[Page 1029]]



0
19. 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 $255,964 for each 
such violation. * * *

PART 824--PROCEDURAL RULES FOR THE ASSESSMENT OF CIVIL PENALTIES 
FOR CLASSIFIED INFORMATION SECURITY VIOLATIONS

0
20. The authority citation for part 824 continues to read as follows:

    Authority:  42 U.S.C. 2201, 2282b, 7101 et seq., 50 U.S.C. 2401 
et seq.; 28 U.S.C. 2461 note.


0
21. Section 824.1 is amended by revising the second sentence to read as 
follows:


Sec.  824.1  Purpose and scope.

    * * * Subsection a. provides that any person who has entered into a 
contract or agreement with the Department of Energy, or a subcontract 
or subagreement thereto, and who violates (or whose employee violates) 
any applicable rule, regulations in this chapter, or order under the 
Act relating to the security or safeguarding of Restricted Data or 
other classified information, shall be subject to a civil penalty not 
to exceed $182,916 for each violation. * * *

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


Sec.  824.4 Civil  penalties.

* * * * *
    (c) The Director may propose imposition of a civil penalty for 
violation of a requirement of a regulation or rule under paragraph (a) 
of this section or a compliance order issued under paragraph (b) of 
this section, not to exceed $182,916 for each violation.
* * * * *

PART 851--WORKER SAFETY AND HEALTH PROGRAM

0
23. The authority citation for part 851 continues to read as follows:

    Authority:  42 U.S.C. 2201(i)(3), (p); 42 U.S.C. 2282c; 42 
U.S.C. 5801 et seq.; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; 
28 U.S.C. 2461 note.


0
24. 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 $118,790 for each such violation. * * *
* * * * *

0
25. 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 $118,790.
    (2) * * * A Severity Level II violation would be subject to a 
base civil penalty up to 50% of the maximum base civil penalty 
($59,395).
* * * * *
IX. Enforcement Actions
* * * * *
1. Notice of Violation
* * * * *
    (e) * * *
    (1) DOE may assess civil penalties of up to $118,790 per 
violation per day on contractors (and their subcontractors and 
suppliers) that are indemnified by the Price-Anderson Act, 42 U.S.C. 
2210(d). See 10 CFR 851.5(a).
* * * * *

PART 1013--PROGRAM FRAUD CIVIL REMEDIES AND PROCEDURES

0
26. The authority citation for part 1013 continues to read as follows:

    Authority:  31 U.S.C. 3801-3812; 28 U.S.C. 2461 note.


0
27. 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 $13,946 for each such claim.
* * * * *
    (b) * * *
    (1) * * *
    (ii) Contains or is accompanied by an express certification or 
affirmation of the truthfulness and accuracy of the contents of the 
statement, shall be subject, in addition to any other remedy that may 
be prescribed by law, to a civil penalty of not more than $13,946 for 
each such statement.
* * * * *

PART 1017--IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED 
NUCLEAR INFORMATION

0
28. The authority citation for part 1017 continues to read as follows:

    Authority:  42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; 42 
U.S.C. 2168; 28 U.S.C. 2461 note.


0
29. 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 $329,408 for each 
violation.
* * * * *

PART 1050--FOREIGN GIFTS AND DECORATIONS

0
30. The authority citation for part 1050 continues to read as follows:

    Authority:  The Constitution of the United States, Article I, 
Section 9; 5 U.S.C. 7342; 22 U.S.C. 2694; 42 U.S.C. 7254 and 7262; 
28 U.S.C. 2461 note.


0
31. 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 $24,973.

[FR Doc. 2023-28828 Filed 1-8-24; 8:45 am]
BILLING CODE 6450-01-P


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