Federal Register - January 14, 2021
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Source: Federal Register
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431.382
Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 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 $474 for each violation.
PART 490ALTERNATIVE 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 $9,180 for each violation.
PART 501ADMINISTRATIVE
PROCEDURES AND SANCTIONS
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 c1 to read as follows:
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 $97,014
for each violation: Any person who operates a powerplant or major fuel burning installation under an exemption, during any 12-calendarmonth period, in excess of that authorized in such exemption will be assessed a civil penalty of up to $8 for each MCF of natural gas or up to $39 for each barrel of oil used in excess of that authorized in the exemption.
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601.400
824.1
Penalties.
a Any person who makes an expenditure prohibited by this part shall be subject to a civil penalty of not less than $20,731 and not more than $207,314 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 $20,731 and not more than $207,314 for each such failure.
e First offenders under paragraph a or b of this section shall be subject to a civil penalty of $20,731, absent aggravating circumstances. Second and subsequent offenses by persons shall be subject to an appropriate civil penalty between $20,731 and $207,314, as determined by the agency head or his or her designee.
Appendix A to Part 601 Amended
11. The authority citation for part 501
continues to read as follows:
501.181
14. Section 601.400 is amended by revising paragraphs a, b, and e to read as follows:
PART 601NEW RESTRICTIONS ON
LOBBYING
15. Appendix A to part 601 is amended by:
a. Removing $20,489 wherever it appears and adding in its place $20,731; and b. Removing $204,892 wherever it appears and adding in its place $207,314.
PART 820PROCEDURAL RULES
FOR DOE NUCLEAR ACTIVITIES
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 $154,806 for each violation.
PART 851WORKER SAFETY AND
HEALTH PROGRAM
21. The authority citation for part 851
continues to read as follows:
Authority: 42 U.S.C. 2201i3, 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.
Authority: 42 U.S.C. 2201; 2282a; 7191;
28 U.S.C. 2461 note; 50 U.S.C. 2410.
851.5
17. Section 820.81 is amended by revising the first sentence to read as follows:
820.81
Amount of penalty.
Any person subject to a penalty under 42 U.S.C. 2282a shall be subject to a civil penalty in an amount not to exceed $216,628 for each such violation.
PART 824PROCEDURAL RULES
FOR THE ASSESSMENT OF CIVIL
PENALTIES FOR CLASSIFIED
INFORMATION SECURITY
VIOLATIONS
18. The authority citation for part 824
continues to read as follows:
Authority: 31 U.S.C. 1352; 42 U.S.C. 7254
and 7256; 31 U.S.C. 63016308; 28 U.S.C.
2461 note.
Authority: 42 U.S.C. 2201, 2282b, 7101 et seq., 50 U.S.C. 2401 et seq.; 28 U.S.C. 2461
note.
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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 $154,806
for each violation.
20. Section 824.4 is amended by revising paragraph c to read as follows:
22. Section 851.5 is amended by revising the first sentence of paragraph a to read as follows:
16. The authority citation for part 820
continues to read as follows:
13. The authority citation for part 601
continues to read as follows:
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Purpose and scope.
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19. Section 824.1 is amended by revising the second sentence to read as follows:
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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 $100,535 for each such violation.
23. Appendix B to part 851 is amended by:
a. Revising the last sentences of paragraphs b1 and 2 in section VI;
and b. Revising paragraph 1.e1 in section IX.
The revisions read as follows:
Appendix B to Part 851General Statement of Enforcement Policy
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