Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Rules and Regulations 105403 

1OMB’s annual guidance memorandum was 

issued on December 17, 2024, providing the 2025 

adjustment multiplier and addressing how to apply 

it. 

any of those forms of relief or 

protection, the immigration judge shall 

issue a negative credible fear finding. 

(ii) Where the immigration judge 

determines that the noncitizen is 

covered by the presumption and that the 

presumption has not been rebutted, the 

immigration judge shall further 

determine whether the noncitizen has 

established a reasonable possibility of 

persecution (meaning a reasonable 

possibility of being persecuted because 

of their race, religion, nationality, 

political opinion, or membership in a 

particular social group) or torture with 

respect to the country or countries of 

removal identified by DHS pursuant to 

section 241(b) of the Act. Where the 

immigration judge determines that the 

noncitizen has established a reasonable 

possibility of persecution or torture, the 

immigration judge shall issue a positive 

credible fear finding. Where the 

immigration judge determines that the 

noncitizen has not established a 

reasonable possibility of persecution or 

torture, the immigration judge shall 

issue a negative credible fear finding. 

* * * * * 

§ 1208.35 [Amended] 

■ 6. Amend § 1208.35 by removing the 

reference to ‘‘§ 214.11 of this title’’ in 

paragraph (a)(2)(i)(C) and adding in its 

place ‘‘§ 214.201 of this title’’. 

Dated: December 17, 2024. 

Merrick B. Garland, 

Attorney General. 

[FR Doc. 2024–30500 Filed 12–26–24; 8:45 am] 

BILLING CODE 4410–30–P 

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 

December 27, 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) 586–0319, 

preeti.chaudhari@hq.doe.gov. 

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 2025 is issued in 

accordance with applicable law and 

OMB’s guidance memorandum on 

implementation of the 2025 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 2025 is 1.02598. In order 

to complete the 2025 annual 

adjustment, each CMP is multiplied by 

the 2025 adjustment multiplier. Under 

the 2015 Act, any increase in CMP must 

be rounded to the nearest multiple of 

$1. 

III. Summary of the Final Rule 

The following list summarizes DOE 

authorities containing CMPs, and the 

penalties before and after adjustment. 

DOE authority containing 

civil monetary penalty Before adjustment After adjustment 

10 CFR 207.7 ......................................................................................................................... $12,937 .......................... $13,273. 

10 CFR 218.42 ....................................................................................................................... $28,020 .......................... $28,748. 

10 CFR 429.120 ..................................................................................................................... $560 ............................... $575. 

10 CFR 431.382 ..................................................................................................................... $560 ............................... $575. 

10 CFR 490.604 ..................................................................................................................... $10, 846 ......................... $11,128. 

10 CFR 501.181 ..................................................................................................................... —$114,630 ....................

—$9/mcf .........................

—$45/bbl ........................

—$117,608 

—$9/mcf. 

—$46/bbl. 

10 CFR 601.400 and appendix A ........................................................................................... —minimum $24,496 .......

—maximum $244,958 ....

—minimum $25,132. 

—maximum $251,322. 


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DOE authority containing 

civil monetary penalty Before adjustment After adjustment 

10 CFR 810.15 ....................................................................................................................... $124,732 ........................ $127,973. 

10 CFR 820.81 ....................................................................................................................... $255,964 ........................ $262,614. 

10 CFR 824.1 ......................................................................................................................... $182,916 ........................ $187,668. 

10 CFR 824.4 ......................................................................................................................... $182,916 ........................ $187,668. 

10 CFR 851.5 and appendix B ............................................................................................... $118,790 ........................ $121,876. 

10 CFR 1013.3 ....................................................................................................................... $13,946 .......................... $14,308. 

10 CFR 1017.29 ..................................................................................................................... $329,408 ........................ $337,966. 

10 CFR 1050.303 ................................................................................................................... $24,973 .......................... $25,622. 

50 U.S.C. 2731 2 ..................................................................................................................... $11,198 .......................... $11,489. 

2 Implemented by 10 CFR 820.81, 10 CFR 851.5, and appendix B to 10 CFR part 851. 

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 Orders 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 


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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 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 18, 

2024, 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 

19, 2024. 

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 

■ 1. The authority citation for part 207 

continues to read as follows: 

Authority: 15 U.S.C. 787 et seq.; 15 U.S.C. 

791 et seq.; E.O. 11790, 39 FR 23185; 28 

U.S.C. 2461 note. 

■ 2. Section 207.7 is amended by 

revising the first sentence of paragraph 

(c)(1) to read as follows: 

§ 207.7 Sanctions. 

* * * * * 

(c) * * * 

(1) Any person who violates any 

provision of this subpart or any order 

issued pursuant thereto shall be subject 

to a civil penalty of not more than 

$13,273 for each violation. * * * 

* * * * * 


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PART 218—STANDBY MANDATORY 

INTERNATIONAL OIL ALLOCATION 

■ 3. The authority citation for part 218 

continues to read as follows: 

Authority: 15 U.S.C. 751 et seq.; 15 U.S.C. 

787 et seq.; 42 U.S.C. 6201 et seq.; 42 U.S.C. 

7101 et seq.; E.O. 11790, 39 FR 23185; E.O. 

12009, 42 FR 46267; 28 U.S.C. 2461 note. 

■ 4. Section 218.42 is amended by 

revising paragraph (b)(1) to read as 

follows: 

§ 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 

$28,748 for each violation. 

* * * * * 

PART 429—CERTIFICATION, 

COMPLIANCE, AND ENFORCEMENT 

FOR CONSUMER PRODUCTS AND 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

■ 5. The authority citation for part 429 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317; 28 U.S.C. 

2461 note. 

■ 6. Section 429.120 is amended by 

revising the first sentence to read as 

follows: 

§ 429.120 Maximum civil penalty. 

Any person who knowingly violates 

any provision of § 429.102(a) may be 

subject to assessment of a civil penalty 

of no more than $575 for each violation. 

* * * 

PART 431—ENERGY EFFICIENCY 

PROGRAM FOR CERTAIN 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

■ 7. The authority citation for part 431 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317; 28 U.S.C. 

2461 note. 

■ 8. Section 431.382 is amended by 

revising paragraph (b) to read as follows: 

§ 431.382 Prohibited acts. 

* * * * * 

(b) In accordance with sections 333 

and 345 of the Act, any person who 

knowingly violates any provision of 

paragraph (a) of this section may be 

subject to assessment of a civil penalty 

of no more than $575 for each violation. 

* * * * * 

PART 490—ALTERNATIVE FUEL 

TRANSPORTATION PROGRAM 

■ 9. The authority citation for part 490 

continues to read as follows: 

Authority: 42 U.S.C. 7191 et seq.; 42 

U.S.C. 13201, 13211, 13220, 13251 et seq; 28 

U.S.C. 2461 note. 

■ 10. Section 490.604 is amended by 

revising paragraph (a) to read as follows: 

§ 490.604 Penalties and Fines. 

(a) Civil penalties. Whoever violates 

§ 490.603 shall be subject to a civil 

penalty of not more than $11,128 for 

each violation. 

* * * * * 

PART 501—ADMINISTRATIVE 

PROCEDURES AND SANCTIONS 

■ 11. The authority citation for part 501 

continues to read as follows: 

Authority: 42 U.S.C. 7101 et seq.; 42 

U.S.C. 8301 et seq.; 42 U.S.C. 8701 et seq.; 

E.O. 12009, 42 FR 46267; 28 U.S.C. 2461 

note. 

■ 12. Section 501.181 is amended by 

revising paragraph (c)(1) to read as 

follows: 

§ 501.181 Sanctions. 

* * * * * 

(c) * * * 

(1) Any person who violates any 

provisions of the Act (other than section 

402) or any rule in this subchapter or 

order under this subchapter or the Act 

will be subject to the following civil 

penalty, which may not exceed 

$117,608 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 $9 for 

each MCF of natural gas or up to $46 for 

each barrel of oil used in excess of that 

authorized in the exemption. 

* * * * * 

PART 601—NEW RESTRICTIONS ON 

LOBBYING 

■ 13. The authority citation for part 601 

continues to read as follows: 

Authority: 31 U.S.C. 1352; 42 U.S.C. 7254 

and 7256; 31 U.S.C. 6301–6308; 28 U.S.C. 

2461 note. 

■ 14. Section 601.400 is amended by 

revising paragraphs (a), (b), and (e) to 

read as follows: 

§ 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 $25,132 and not more than 

$251,322 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 $25,132 and not more than 

$251,322 for each such failure. 

* * * * * 

(e) First offenders under paragraph (a) 

or (b) of this section shall be subject to 

a civil penalty of $25,132, absent 

aggravating circumstances. Second and 

subsequent offenses by persons shall be 

subject to an appropriate civil penalty 

between $25,132 and $251,322, as 

determined by the agency head or his or 

her designee. 

* * * * * 

Appendix A to Part 601 [Amended] 

■ 15. Appendix A to part 601 is 

amended by removing ‘‘$24,496’’ and 

‘‘$244,958’’ in the undesignated 

paragraph before the heading 

‘‘Statement for Loan Guarantees and 

Loan Insurance’’ and in the last 

paragraph of the appendix and adding 

in its place ‘‘$25,132’’ and ‘‘$251,322’’, 

respectively. 

PART 810—ASSISTANCE TO FOREIGN 

ATOMIC ENERGY ACTIVITIES 

■ 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. 

■ 17. Section 810.15 is amended by 

revising paragraph (c) introductory text 

to read as follows: 

§ 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 

$127,973 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 


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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 

■ 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. 

■ 19. 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 

$262,614 for each such violation. * * * 

PART 824—PROCEDURAL RULES 

FOR THE ASSESSMENT OF CIVIL 

PENALTIES FOR CLASSIFIED 

INFORMATION SECURITY 

VIOLATIONS 

■ 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. 

■ 21. 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, 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 $187,668 for each 

violation. * * * 

■ 22. 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 $187,668 for each 

violation. 

* * * * * 

PART 851—WORKER SAFETY AND 

HEALTH PROGRAM 

■ 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. 

■ 24. 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 $121,876 for each such violation. 

* * * 

* * * * * 

■ 25. Appendix B to part 851 is 

amended by: 

■ a. Revising the last sentences of 

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

and 

■ b. Revising paragraph 1.(e)(1) in 

section IX. 

The revisions read as follows: 

Appendix B to Part 851—General 

Statement of Enforcement Policy 

* * * * * 

VI. Severity of Violations 

* * * * * 

(b) * * * 

(1) * * * A Severity Level I violation 

would be subject to a base civil penalty 

of up to 100% of the maximum base 

civil penalty of $121,876. 

(2) * * * A Severity Level II violation 

would be subject to a base civil penalty 

up to 50% of the maximum base civil 

penalty ($60,938). 

* * * * * 

IX. Enforcement Actions 

* * * * * 

1. Notice of Violation 

* * * * * 

(e) * * * 

(1) DOE may assess civil penalties of 

up to $121,876 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 

■ 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. 

■ 27. 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 $14,308 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 $14,308 for 

each such statement. 

* * * * * 

PART 1017—IDENTIFICATION AND 

PROTECTION OF UNCLASSIFIED 

CONTROLLED NUCLEAR 

INFORMATION 

■ 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. 

■ 29. 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 $337,966 for each violation. 

* * * * * 

PART 1050—FOREIGN GIFTS AND 

DECORATIONS 

■ 30. The authority citation for part 

1050 continues to read as follows: 


khammond on DSK9W7S144PROD with RULES
105408 Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Rules and Regulations 

1All references to EPCA in this document refer 

to the statute as amended through the Energy Act 

of 2020, Public Law 116–260 (Dec. 27, 2020), which 

reflect the last statutory amendments that impact 

parts A and A–1 of EPCA. 

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. 

■ 31. 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 $25,622. 

[FR Doc. 2024–30697 Filed 12–26–24; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2024–BT–STD–0002] 

RIN 1904–AF69 

Energy Conservation Program: Energy 

Conservation Standards for 

Dishwashers, Residential Clothes 

Washers, and Consumer Clothes 

Dryers 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule; confirmation of 

effective date. 

SUMMARY: In light of the United States 

Court of Appeals for the Fifth Circuit 

granting a petition for review of a final 

rule published by the U.S. Department 

of Energy (‘‘DOE’’) on January 19, 2022, 

and remanding the matter to DOE for 

further proceedings, DOE has 

considered the factors outlined by the 

Fifth Circuit on whether ‘‘short-cycle’’ 

product classes for dishwashers, 

residential clothes washers, and 

consumer clothes dryers are warranted 

under the Energy Policy and 

Conservation Act and confirms the 

withdrawal of ‘‘short-cycle’’ product 

classes in the January 19, 2022, final 

rule. 

DATES: The effective date of the final 

rule published on January 19, 2022 (87 

FR 2673) is confirmed as February 18, 

2022, without change. 

ADDRESSES: The docket for this 

rulemaking, which includes Federal 

Register notices, comments, and other 

supporting documents/materials, is 

available for review at 

www.regulations.gov. All documents in 

the docket are listed in the 

www.regulations.gov index. However, 

not all documents listed in the index 

may be publicly available, such as 

information that is exempt from public 

disclosure. 

The docket web page can be found at 

www.regulations.gov/docket/EERE2024-BT-STD-0002. The docket web 

page contains instructions on how to 

access all documents, including public 

comments, in the docket. 

For further information on how to 

review the docket, contact the 

Appliance and Equipment Standards 

Program staff at (202) 287–1445 or by 

email: ApplianceStandardsQuestions@

ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: 

Dr. Carl Shapiro, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, EE–5B, 1000 

Independence Avenue SW, Washington, 

DC 20585–0121. Telephone: (202) 287– 

5649. Email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

Mr. Pete Cochran, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (240) 961–1189. Email: 

Peter.Cochran@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

A. Authority 

B. Background 

II. Discussion 

A. Dishwashers 

1. Cycle Time as a Performance-Related 

Feature 

2. Justification of Different Standards for 

Dishwashers With a Short-Cycle Feature 

3. Response to Other Comments 

a. Historical Cycle Time Trends 

B. Residential Clothes Washers 

1. Cycle Time as a Performance-Related 

Feature 

2. Justification of Different Standards for 

Residential Clothes Washers With a 

Short-Cycle Feature 

C. Consumer Clothes Dryers 

1. Cycle Time as a Performance-Related 

Feature 

2. Justification of Different Standards for 

Consumer Clothes Dryers With a ShortCycle Feature 

D. Other Topics Addressed by the Fifth 

Circuit 

1. Water Authority 

2. Test Procedure Authority 

3. Preservation of Product Utility and 

Potential for Increased Energy or Water 

Use 

a. Dishwashers 

b. Residential Clothes Washers 

c. Consumer Clothes Dryers 

III. Conclusions 

IV. Procedural Issues and Regulatory Review 

V. Approval of the Office of the Secretary 

I. Introduction 

The following sections briefly discuss 

the statutory authority underlying this 

confirmation of withdrawal, as well as 

some of the historical background 

relevant to dishwashers, residential 

clothes washers (‘‘RCWs’’), and 

consumer clothes dryers. 

A. Authority 

The U.S. Department of Energy 

(‘‘DOE’’) must follow specific statutory 

criteria under the Energy Policy and 

Conservation Act, Public Law 94–163,1

as amended, (‘‘EPCA’’) for prescribing 

new or amended standards for covered 

products, including dishwashers, RCWs, 

and consumer clothes dryers. Any new 

or amended standard for a covered 

product must be designed to achieve the 

maximum improvement in energy 

efficiency that the Secretary of Energy 

(‘‘Secretary’’) determines is 

technologically feasible and 

economically justified. (42 U.S.C. 

6295(o)(2)(A)) Furthermore, DOE may 

not adopt any standard that would not 

result in the significant conservation of 

energy. (42 U.S.C. 6295(o)(3)(B)) 

In deciding whether a proposed 

standard is economically justified, DOE 

must determine whether the benefits of 

the standard exceed its burdens. (42 

U.S.C. 6295(o)(2)(B)(i)) DOE must make 

this determination after receiving 

comments on the proposed standard, 

and by considering, to the greatest 

extent practicable, the following seven 

statutory factors: 

(1) The economic impact of the 

standard on manufacturers and 

consumers of the products subject to the 

standard; 

(2) The savings in operating costs 

throughout the estimated average life of 

the covered products in the type (or 

class) compared to any increase in the 

price, initial charges, or maintenance 

expenses for the covered products that 

are likely to result from the standard; 

(3) The total projected amount of 

energy (or as applicable, water) savings 

likely to result directly from the 

standard; 

(4) Any lessening of the utility or the 

performance of the covered products 

likely to result from the standard; 

(5) The impact of any lessening of 

competition, as determined in writing 

by the Attorney General, that is likely to 

result from the standard; 

(6) The need for national energy and 

water conservation; and 


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