16 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

including cost records of contractors 

and subcontractors, shall be made 

available by the State agency to FNS or 

its authorized representatives at 

intervals as are deemed necessary by 

FNS, in order to determine whether the 

conditions for approval are being met 

and to determine the efficiency, 

economy and effectiveness of the 

system. Failure to provide full access to 

all parts of the system may result in 

suspension and/or termination of SNAP 

funds for the costs of the system and its 

operation. 

(l) Ownership rights—(1) Software.— 

(i) The State or local government shall 

include a clause in all procurement 

instruments which provides that the 

State or local government shall have all 

ownership rights in any software or 

modifications thereof and associated 

documentation designed, developed or 

installed with FFP under this section. 

(ii) FNS reserves a royalty-free, 

nonexclusive, and irrevocable license to 

reproduce, publish or otherwise use and 

to authorize others to use for Federal 

Government purposes, such software, 

modifications and documentation. 

(iii) Proprietary operating/vendor 

software packages which meet the 

definition of COTS at paragraph (b) of 

this section shall not be subject to the 

ownership provisions in paragraphs 

(l)(1)(i) and (l)(1)(ii) of this section. FFP 

is not available for development costs 

for proprietary application software 

developed specifically for SNAP. 

(2) Information Systems equipment. 

The policies and procedures governing 

title, use and disposition of property 

purchased with FFP, which appear at 

§ 277.13 (Property) are applicable to IS 

equipment. 

(m) Information system security 

requirements and review process—(1) 

Information system security 

requirements. State and local agencies 

are responsible for the security of all IS 

projects under development, and 

operational systems involved in the 

administration of SNAP. State and local 

agencies shall determine appropriate IS 

security requirements based on 

recognized industry standards or 

compliance with standards governing 

security of Federal information systems 

and information processing. 

(2) Information security program. 

State agencies shall implement and 

maintain a comprehensive Security 

Program for IS and installations 

involved in the administration of the 

SNAP. Security Programs shall include 

the following components: 

(i) Determination and implementation 

of appropriate security requirements as 

prescribed in paragraph (m)(1) of this 

section. 

(ii) Establishment of a security plan 

and, as appropriate, policies and 

procedures to address the following 

areas of IS security: 

(A) Physical security of IS resources; 

(B) Equipment security to protect 

equipment from theft and unauthorized 

use; 

(C) Software and data security; 

(D) Telecommunications security; 

(E) Personnel security; 

(F) Contingency plans to meet critical 

processing needs in the event of shortor long-term interruption of service; 

(G) Emergency preparedness; and 

(H) Designation of an Agency IS 

Security Manager. 

(iii) Periodic risk analyses. State 

agencies shall establish and maintain a 

program for conducting periodic risk 

analyses to ensure that appropriate, 

cost-effective safeguards are 

incorporated into new and existing 

systems. In addition, risk analyses shall 

be performed whenever significant 

system changes occur. 

(3) IS security reviews. State agencies 

shall review the security of IS involved 

in the administration of SNAP on a 

biennial basis. At a minimum, the 

reviews shall include an evaluation of 

physical and data security, operating 

procedures and personnel practices. 

State agencies shall maintain reports of 

their biennial IS security reviews, 

together with pertinent supporting 

documentation, for Federal review upon 

request. 

(4) Applicability. The security 

requirements of this section apply to all 

IS systems used by State and local 

governments to administer SNAP. 

Dated: December 24, 2013. 

Yvette S. Jackson, 

Acting Administrator, Food and Nutrition 

Service. 

[FR Doc. 2013–31347 Filed 12–31–13; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF ENERGY 

10 CFR Parts 218, 431, 490, 601, 820, 

824, 851, 1013, 1017, and 1050 

RIN 1990–AA43 

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’’) today publishes this final rule 

to adjust DOE’s civil monetary penalties 

(‘‘CMPs’’) for inflation as mandated by 

the Debt Collection Improvement Act of 

1996. This rule adjusts CMPs within the 

jurisdiction of DOE to the maximum 

extent allowed by the Federal Civil 

Penalties Inflation Adjustment Act of 

1990, as amended by the Debt 

Collection Improvement Act of 1996. 

DATES: This rule is effective February 3, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

Preeti Chaudhari, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC 20585, (202) 586– 

8078. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Method of Calculation 

III. Summary of Final Rule 

IV. Final Rulemaking 

V. Regulatory Review 

I. Background 

In order to preserve the deterrent 

effect of civil penalties and foster 

compliance with the law, the Federal 

Civil Penalties Inflation Adjustment Act 

of 1990, 28 U.S.C. 2461 note, as 

amended by the Debt Collection 

Improvement Act of 1996 (Pub. L. 104– 

134) (‘‘the Act’’), requires Federal 

agencies to regularly adjust each CMP 

provided by law within the jurisdiction 

of the agency. Also, the Act in part 

requires each agency to make further 

adjustments at least once every four 

years. 

The Act provides that any increase in 

a CMP due to the calculated inflation 

adjustments shall apply only to 

violations that occur after the date the 

increase takes effect and states that the 

initial inflation adjustment may not 

exceed 10 percent of the existing 

penalty. 

II. Method of Calculation 

Under the Act, the inflation 

adjustment for each applicable CMP is 

determined by increasing the maximum 

civil penalty amount per violation by 

the cost-of-living adjustment. The ‘‘costof-living’’ adjustment is defined as the 

amount by which the Consumer Price 

Index (CPI) for the month of June of the 

calendar year preceding the adjustment 

exceeds the CPI for the month of June 

of the year in which the amount of such 

civil penalty was last set or adjusted 

pursuant to law. Any calculated 

increase under this adjustment is 

rounded to the nearest— 

(1) Multiple of $10 in the case of 

penalties less than or equal to $100; 

(2) Multiple of $100 in the case of 

penalties greater than $100 but less than 

or equal to $1,000; 

(3) Multiple of $1,000 in the case of 

penalties greater than $1,000 but less 

than or equal to $10,000; 

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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 17 

(4) Multiple of $5,000 in the case of 

penalties greater than $10,000 but less 

than or equal to $100,000; 

(5) Multiple of $10,000 in the case of 

penalties greater than $100,000 but less 

than or equal to $200,000; and 

(6) Multiple of $25,000 in the case of 

penalties greater than $200,000. 

28 U.S.C. 2461 note, sec. 5. 

III. Summary of Final Rule 

The following list summarizes the 

existing DOE regulations containing 

civil monetary penalties, and the 

penalties before and after adjustment. In 

some cases, the penalties remained the 

same after adjustment as before 

adjustment. 

DOE regulation containing civil monetary penalty Before adjustment After adjustment 

10 CFR 207.7 ....................................................................... $4,000 .................................................................................. $4,000 

10 CFR 218.42 ..................................................................... $8,000 .................................................................................. $9,000 

10 CFR 429.120 (formerly 10 CFR 430.61) ......................... $200 ..................................................................................... $200 

10 CFR 431.382 (formerly 10 CFR 431.122 and 10 CFR 

431.191).

$110 ..................................................................................... $200 

10 CFR 490.604 ................................................................... $8,000 .................................................................................. $9,000 

10 CFR 501.181(c) ............................................................... —$40,000 ............................................................................. —$40,000 

—3.3/mcf .............................................................................. —3.3/mcf 

—20/bbl ................................................................................ —20/bbl 

10 CFR 601.400 and App A ................................................. —minimum $15,000 ............................................................. —minimum $15,000 

—maximum $150,000 .......................................................... —maximum 

$160,000. 

10 CFR 820.81 1 ................................................................... $150,000 .............................................................................. $160,000 

10 CFR 824.1 and App A ..................................................... $110,000 .............................................................................. $120,000 

10 CFR 824.4 and App A ..................................................... $110,000 .............................................................................. $120,000 

10 CFR 851.5 and App B2 ................................................... $75,000 ................................................................................ $80,000 

10 CFR 1013.3 ..................................................................... $8,000 .................................................................................. $9,000 

10 CFR 1017.29 ................................................................... $150,000 .............................................................................. $160,000 

10 CFR 1050.303 ................................................................. $8,000 .................................................................................. $9,000 

1The civil penalties under this section and 10 CFR 851.5 encompass the civil penalty authorized by 50 U.S.C. 2731 (formerly 42 U.S.C. 

7274d). Title 50 U.S.C. 2731 establishes a maximum civil penalty of $5,000 per day for failure of any DOE contractor to provide specified training 

to individuals it employs who are engaged in hazardous substance response or emergency response at DOE nuclear weapons facilities or for 

failure to certify to DOE that such employees are adequately trained pursuant to orders issued by DOE relating to employee safety training. In 

2009, the maximum civil penalty amount was adjusted to $5,500 for each day of a violation. In corresponding guidance, DOE is today adjusting 

the civil penalty to a maximum of $6,000 for each day a violation occurs. The adjusted civil penalty is well under the maximum civil penalty provided under 10 CFR 820.81 and 10 CFR 851.5. This footnote shall not be construed as limiting DOE’s discretion to impose civil penalties for violations of training requirements contained in DOE’s Nuclear Safety Requirements or 10 CFR Part 851, including training requirements relating to 

hazardous substance response or emergency response at DOE’s nuclear weapons facilities. 2See footnote 1. 

IV. Final Rulemaking 

In accordance with 5 U.S.C. 553(b), 

the Administrative Procedure Act, DOE 

generally publishes a rule in a proposed 

form and solicits public comment on it 

before issuing the rule in final. 

However, 5 U.S.C. 553(b)(B) provides an 

exception to the public comment 

requirement if the agency finds good 

cause to omit advance notice and public 

participation. Good cause is shown 

when public comment is 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ 

DOE finds that providing an 

opportunity for public comment prior to 

publication of this rule is not necessary 

because DOE is carrying out a 

ministerial, non-discretionary duty 

specified in an Act of Congress. This 

rule incorporates requirements 

specifically set forth in 28 U.S.C. 2461 

note requiring DOE to issue a regulation 

implementing inflation adjustments for 

all its civil penalty provisions. The 

formula for the amount of the penalty 

adjustment is prescribed by Congress. 

Prior notice and opportunity to 

comment are therefore unnecessary in 

this case because these changes are not 

subject to the exercise of discretion by 

DOE. These technical changes, required 

by law, do not substantively alter the 

existing regulatory framework nor in 

any way affect the terms under which 

DOE assesses civil penalties. 

V. Regulatory Review 

A. Executive Order 12866 

Today’s 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, DOE has determined 

that prior notice and opportunity for 

public comment is unnecessary. In 

accordance with 5 U.S.C. 604(a), no 

regulatory flexibility analysis has been 

prepared for today’s 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 

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18 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

specifically set forth in law. Because 

this rule incorporates requirements 

specifically set forth in 28 U.S.C. 2461 

note, DOE is not required to assess its 

regulatory effects under Section 201. 

Unfunded Mandates Reform Act 

sections 202 and 205 do not apply to 

today’s action because they apply only 

to rules for which a general notice of 

proposed rulemaking is published. 

Nevertheless, DOE has determined that 

today’s regulatory action does not 

impose a Federal mandate on State, 

local, or tribal governments or on the 

public sector. 

F. Treasury and General Government 

Appropriations Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any 

proposed rule that may affect family 

well being. This rule would not have 

any impact on the autonomy or integrity 

of the family as an institution. 

Accordingly, DOE has concluded that it 

is not necessary to prepare a Family 

Policymaking Assessment. 

G. Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

64 FR 43255 (August 4, 1999) imposes 

certain requirements on agencies 

formulating and implementing policies 

or regulations that preempt State law or 

that have federalism implications. 

Agencies are required to examine the 

constitutional and statutory authority 

supporting any action that would limit 

the policymaking discretion of the 

States and carefully assess the necessity 

for such actions. DOE has examined this 

rule and has determined that it would 

not preempt State law and would not 

have a substantial direct effect on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. No further action 

is required by Executive Order 13132. 

H. Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform,’’ 61 FR 4729 (February 7, 1996), 

imposes on Executive agencies the 

general duty to adhere to the following 

requirements: (1) Eliminate drafting 

errors and ambiguity; (2) write 

regulations to minimize litigation; and 

(3) provide a clear legal standard for 

affected conduct rather than a general 

standard and promote simplification 

and burden reduction. With regard to 

the review required by section 3(a), 

section 3(b) of Executive Order 12988 

specifically requires that Executive 

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 today’s rule under the OMB 

and DOE guidelines and has concluded 

that it is consistent with applicable 

policies in those guidelines. 

J. Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use,’’ 66 FR 28355 (May 

22, 2001) requires Federal agencies to 

prepare and submit to the OMB, a 

Statement of Energy Effects for any 

proposed significant energy action. A 

‘‘significant energy action’’ is defined as 

any action by an agency that 

promulgated or is expected to lead to 

promulgation of a final rule, and that: 

(1) Is a significant regulatory action 

under Executive Order 12866, or any 

successor order; and (2) is likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy, or 

(3) is designated by the Administrator of 

OIRA as a significant energy action. For 

any proposed significant energy action, 

the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use 

should the proposal be implemented, 

and of reasonable alternatives to the 

action and their expected benefits on 

energy supply, distribution, and use. 

Today’s regulatory action would not 

have a significant adverse effect on the 

supply, distribution, or use of energy 

and is therefore not a significant energy 

action. Accordingly, DOE has not 

prepared a Statement of Energy Effects. 

K. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

submit to Congress a report regarding 

the issuance of today’s final rule prior 

to the effective date set forth at the 

outset of this notice. The report will 

state that it has been determined that 

the rule is not a ‘‘major rule’’ as defined 

by 5 U.S.C. 801(2). 

List of Subjects 

10 CFR Part 218 

Administrative practice and 

procedure, Penalties, Petroleum 

allocation. 

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 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. 

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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 19 

10 CFR Part 1050 

Decorations, medals, awards, Foreign 

relations, Government employees, 

Government property, Reporting and 

recordkeeping requirements. 

Issued in Washington, DC, on December 

13, 2013. 

Eric J. Fygi, 

Deputy 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 218—STANDBY MANDATORY 

INTERNATIONAL OIL ALLOCATION 

■ 1. 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. 

■ 2. Section 218.42 is amended by 

revising paragraph (b)(1) to read as 

follows: 

§ 218.42 Sanctions. 

* * * * * 

(b) Penalties. (1) Any person who 

violates any provision of part 218 of this 

chapter or any order issued pursuant 

thereto shall be subject to a civil penalty 

of not more than $9,000 for each 

violation. 

* * * * * 

PART 431—ENERGY EFFICIENCY 

PROGRAM FOR CERTAIN 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

■ 3. The authority citation for part 431 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317. 

■ 4. 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 $200 for each violation. 

* * * * * 

PART 490—ALTERNATIVE FUEL 

TRANSPORTATION PROGRAM 

■ 5. 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. 

■ 6. Section 490.604 is amended by 

revising paragraph (a) to read as follows: 

§ 490.604 Penalties and Fines. 

(a) Civil Penalties. Whoever violates 

§ 490.603 of this part shall be subject to 

a civil penalty of not more than $9,000 

for each violation. 

* * * * * 

PART 601—NEW RESTRICTIONS ON 

LOBBYING 

■ 7. 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. 

■ 8. 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 

$15,000 and not more than $160,000 for 

each such expenditure. 

(b) Any person who fails to file or 

amend the disclosure form (see 

appendix B) to be filed or amended if 

required herein, shall be subject to a 

civil penalty of not less than $15,000 

and not more than $160,000 for each 

such failure. 

* * * * * 

(e) First offenders under paragraphs 

(a) or (b) of this section shall be subject 

to a civil penalty of $15,000, absent 

aggravating circumstances. Second and 

subsequent offenses by persons shall be 

subject to an appropriate civil penalty 

between $15,000 and $160,000, as 

determined by the agency head or his or 

her designee. 

* * * * * 

■ 9. Appendix A to part 601 is amended 

by: 

■ a. Revising the last sentence of the 

undesignated paragraph following 

paragraph (3) of the section entitled, 

‘‘Certification for Contracts, Grants, 

Loans, and Cooperative Agreements’’; 

and 

■ b. Revising the last sentence of the last 

undesignated paragraph, in the section 

entitled, ‘‘Statement for Loan 

Guarantees and Loan Insurance’’. 

The revisions read as follows: 

Appendix A to Part 601—Certification 

Regarding Lobbying 

Certification for Contracts, Grants, Loans, and 

Cooperative Agreements 

* * * * * 

(3) * * * 

* * * Any person who fails to file the 

required certification shall be subject to a 

civil penalty of not less than $15,000 and not 

more than $160,000 for each such failure. 

Statement for Loan Guarantees and Loan 

Insurance 

* * * * * 

* * * Any person who fails to file the 

required statement shall be subject to a civil 

penalty of not less than $15,000 and not more 

than $160,000 for each such failure. 

PART 820—PROCEDURAL RULES 

FOR DOE NUCLEAR ACTIVITIES 

■ 10. 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. 

■ 11. 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 

$160,000 for each such violation. * * * 

PART 824—PROCEDURAL RULES 

FOR THE ASSESSMENT OF CIVIL 

PENALTIES FOR CLASSIFIED 

INFORMATION SECURITY 

VIOLATIONS 

■ 12. 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. 

■ 13. 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 $120,000 

for each violation. * * * 

■ 14. Section 824.4 is amended by 

revising paragraph (c) to read as follows: 

§ 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 $120,000 for each 

violation. 

* * * * * 

■ 15. Appendix A to part 824 is 

amended by: 

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20 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

■ a. Revising the fourth and sixth 

sentences of paragraph 2.e., ‘‘Civil 

Penalty,’’ in section VIII entitled 

‘‘Enforcement Actions’’; and 

■ b. Revising the last sentence of 

paragraph 3.d., ‘‘Adjustment Factors,’’ 

in section VIII entitled ‘‘Enforcement 

Actions’’. 

The revisions read as follows: 

Appendix A to Part 824—General 

Statement of Enforcement Policy 

* * * * * 

VIII. Enforcement Actions 

* * * * * 

2. Civil Penalty 

* * * * * 

e. * * * In no instance will a civil penalty 

for any one violation exceed the $120,000 

statutory limit per violation. * * * Thus, the 

per violation cap will not shield a DOE 

contractor that is or should have been aware 

of an ongoing violation and has not reported 

it to DOE and taken corrective action despite 

an opportunity to do so from liability 

significantly exceeding $120,000. * * * 

* * * * * 

3. Adjustment Factors 

* * * * * 

d. * * * Based on the degree of such 

factors, DOE may escalate the amount of civil 

penalties up to the statutory maximum of 

$120,000 per violation per day for continuing 

violations. 

* * * * * 

PART 851—WORKER SAFETY AND 

HEALTH PROGRAM 

■ 16. 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. 

■ 17. Section 851.5 is amended by 

revising the first sentence of paragraph 

(a) to read as follows: 

§ 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 $80,000 for each such violation. 

* * * 

* * * * * 

■ 18. Appendix B to part 851 is 

amended by: 

■ a. Revising the last sentences of 

paragraphs (b)(1) and (b)(2) in section 

VI; 

■ b. Revising paragraph 1.(e)(1) in 

section IX ; and 

■ c. Revising the fourth sentence in 

paragraph 2.(f) in section IX. 

The revisions read as follows: 

Appendix B to Part 851—General 

Statement of Enforcement Policy 

* * * * * 

VI. Severity of Violations 

(b) * * * 

(1) * * * A Severity Level I violation 

would be subject to a base civil penalty of up 

to 100% of the maximum base civil penalty 

of $80,000. 

(2) * * * A Severity Level II violation 

would be subject to a base civil penalty up 

to 50% of the maximum base civil penalty 

($40,000). 

* * * * * 

IX. Enforcement Actions 

* * * * * 

1. Notice of Violation 

* * * * * 

(e) * * * 

(1) DOE may assess civil penalties of up to 

$80,000 per violation per day on contractors 

(and their subcontractors and suppliers) that 

are indemnified by the Price-Anderson Act, 

42 U.S.C. 2210(d). See 10 CFR 851.5(a). 

* * * * * 

2. Civil Penalty 

* * * * * 

(f) * * * In no instance will a civil penalty 

for any one violation exceed the statutory 

limit of $80,000 per day. * * * 

* * * * * 

PART 1013—PROGRAM FRAUD CIVIL 

REMEDIES AND PROCEDURES 

■ 19. The authority citation for part 

1013 continues to reads as follows: 

Authority: 31 U.S.C. 3801–3812; 28 U.S.C. 

2461 note. 

■ 20. 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. 

(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 $9,000 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 $9,000 for each 

such statement. 

* * * * * 

PART 1017—IDENTIFICATION AND 

PROTECTION OF UNCLASSIFIED 

CONTROLLED NUCLEAR 

INFORMATION 

■ 21. 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. 

■ 22. 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 $160,000 for each violation. 

* * * * * 

PART 1050—FOREIGN GIFTS AND 

DECORATIONS 

■ 23. 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. 

■ 24. 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 $9,000. 

[FR Doc. 2013–31326 Filed 12–31–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 61 and 141 

[Docket No.: FAA–2013–0809] 

Notice of Policy Change for the Use of 

FAA Approved Training Devices 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Policy statement. 

SUMMARY: The notification provides 

information and guidance concerning 

the use of FAA approved ground 

trainers, Personal Computer Aviation 

Training Device’s (PCATD), Flight 

Training Devices (FTD) level 1–3, and 

Aviation Training Devices (ATD). 

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