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--- schema: federal-register doc_type: fedreg source_file: FR-2022-01-05.xml --- 87 3 Wednesday, January 5, 2022 Contents Agriculture Agriculture Department See Rural Utilities Service Antitrust Division Antitrust Division NOTICES Proposed Final Judgment and Competitive Impact Statement: United States v. Biglari Holdings, Inc., 484-489 2021-28539 United States v. Clarence L. Werner, 478-484 2021-28538 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings:

Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 460 2021-28522 2021-28523 2021-28524 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel—National Institute for Occupational Safety and Health Member Conflict Review, 459 2021-28521 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 461-462 2021-28527 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Covered Savings Associations, 538-539 2021-28591 Copyright Royalty Board Copyright Royalty Board NOTICES Determination of Royalty Rates and Terms for Making Ephemeral Copies of Sound Recordings for Transmission to Business Establishments (Business Establishments IV), 490 2021-27669 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Clean Air Act: List of Hazardous Air Pollutants, 393-396 2021-28315 PROPOSED RULES National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities Technology Review;

Correction, 421-423 2021-28544 Farm Credit Farm Credit Administration NOTICES Meetings; Sunshine Act, 434 2022-00003 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Helicopters, 382-388 2021-28469 2021-28471 Instrument Flight Rules Altitudes, 388-391 2021-28504 NOTICES Meetings: Youth Access to American Jobs in Aviation Task Force, 536-537 2021-28517 Federal Communications Federal Communications Commission RULES Civil Monetary Penalty Inflation Adjustment, 396-398 2021-28310 Implementation of the National Suicide Hotline Improvement Act, 398-412 2021-27878 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 432-434 2021-28550 2021-28551 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Senior Executive Service:

Performance Review Board, 434 2021-28535 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 434-435 2021-28573 Federal Trade Federal Trade Commission NOTICES Horseracing Integrity and Safety Authority Racetrack Safety, 435-459 2021-28513 Fish Fish and Wildlife Service RULES Endangered and Threatened Species: Panama City Crayfish; Threatened Species Status with Section 4(d) Rule and Designation of Critical Habitat, 546-581 2021-27519 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Actions, 539-544 2021-28588 2021-28589 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity:

Avant Organics, LLC, Foreign-Trade Zone 261, Alexandria, LA, 425 2021-28557 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See National Institutes of Health See Substance Abuse and Mental Health Services Administration PROPOSED RULES Patient Protection and Affordable Care Act: Benefit and Payment Parameters for 2023, 584-728 2021-28317 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 462-463 2021-28566 Meetings: Physician-Focused Payment Model Technical Advisory Committee, 463 2021-28578 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Adjustment Factors Rent Increase Requirement, 473 2021-28562 Regulatory and Administrative Requirement Flexibilities: Native American Programs During CY 2022 and CY 2023 to Tribal Grantees to Assist with Recovery and Relief Efforts on Behalf of Families Affected by Presidentially Declared Disasters, 473-476 2021-28565 Regulatory and Administrative Requirement Waivers and Flexibilities:

Public Housing and Section 8 During CY 2022 and CY 2023 to Public Housing Agencies to Assist with Recovery and Relief Efforts on Behalf of Families Affected by Presidentially Declared Disasters, 469-473 2021-28561 Interior Interior Department See Fish and Wildlife Service See National Park Service Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Work Opportunity Credit, 544 2021-28590 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Hot-Rolled Steel Flat Products From the Republic of Korea, 428-429 2021-28556 Refillable Stainless Steel Kegs From the People's Republic of China, 425-427 2021-28558 Xanthan Gum From the People's Republic of China, 427-428 2021-28508 Request for Panel Review: United States-Mexico-Canada Agreement; Binational Panel Review, 429-430 2021-28587 United States-Mexico-Canada Agreement; Binational Panel Review, 427 2021-28581 International Trade Com International Trade Commission NOTICES Complaint:

Certain Integrated Circuit Products and Devices Containing the Same, 477-478 2021-28545 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Residential Premises Security Monitoring and Automation Control Panels, and Components Thereof; Correction, 476 2021-28549 Emulsion Styrene-Butadiene Rubber From Czechia, Italy, and Russia, 478 2021-28568 Justice Department Justice Department See Antitrust Division NOTICES Proposed Consent Decree: Clean Water Act; First Amendment, 489-490 2021-28574 Library Library of Congress See Copyright Royalty Board National Credit National Credit Union Administration RULES Civil Monetary Penalty Inflation Adjustment, 377-380 2021-28555 National Endowment for the Arts National Endowment for the Arts NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Program and Event Feedback Surveys for the Creative Forces: Military Healing Arts Network Community Arts Engagement Subgranting Program, 490-491 2021-28515 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 464-465 2021-28529 National Institute of Allergy and Infectious Diseases, 463-465 2021-28530 2021-28531 2021-28532 2021-28533 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:

Reclassifying Sculpin Species in the Groundfish Fisheries of the Bering Sea and Aleutian Islands and the Gulf of Alaska; Correction, 412 C1-2021-28232 NOTICES Meetings: North Pacific Fishery Management Council, 430-431 2021-28593 2021-28602 Pacific Fishery Management Council, 430 2021-28592 National Park National Park Service PROPOSED RULES Ozark National Scenic Riverways; Motorized Vessels, 413-417 2021-28509 Patent Patent and Trademark Office NOTICES Trademarks Administrative Sanctions Process, 431-432 2021-28536 Postal Service Postal Service NOTICES Product Change:

First-Class Package Service Negotiated Service Agreement, 492 2021-28586 Priority Mail and First-Class Package Service Negotiated Service Agreement, 491 2021-28584 Priority Mail Express and Priority Mail Negotiated Service Agreement, 491 2021-28583 Priority Mail Express, Priority Mail, & First-Class Package Service Negotiated Service Agreement, 491 2021-28585 Priority Mail Negotiated Service Agreement, 491-492 2021-28582 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Settlement of Debt Owed by Electric Borrowers, 424 2021-28541 Science Technology Science and Technology Policy Office NOTICES Request for Information on Strengthening Community Health Through Technology, 492-493 2021-28193 Securities Securities and Exchange Commission RULES Updated Electronic Data Gathering, Analysis, and Retrieval System, 391-393 2021-28445 NOTICES Application: Flat Rock Global, LLC, et al., 493-501 2021-28512 Self-Regulatory Organizations;

Proposed Rule Changes: Cboe BZX Exchange, Inc., 532-535 2021-28572 Cboe C2 Exchange, Inc., 504-507 2021-28571 ICE Clear Europe, Limited, 513-517 2021-28575 Investors Exchange, LLC, 523-528 2021-28577 Miami International Securities Exchange, LLC, 517-523 2021-28576 National Securities Clearing Corp., 508-513 2021-28518 The Depository Trust Co., 528-532 2021-28569 The Nasdaq Stock Market, LLC, 501-504, 507-508 2021-28519 2021-28570 Small Business Small Business Administration RULES Consolidation of Mentor-Protege Programs and Other Government Contracting Amendments;

Correction, 380-381 2021-28256 NOTICES Meetings: Council on Underserved Communities, 535 2021-28501 State Department State Department NOTICES Culturally Significant Object Being Imported for Exhibition: Henri Matisse: The Red Studio, 535-536 2021-28511 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 465-469 2021-28563 2021-28564 Surface Transportation Surface Transportation Board NOTICES Voluntary Arbitration Program for Small Rate Disputes, Final Offer Rate Review and Expanding Access to Rate Relief, 536 2021-28528 Transportation Department Transportation Department See Federal Aviation Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Information Associated with the Aviation Manufacturing Jobs Protection Program, 537-538 2021-27329 Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office See Internal Revenue Service Veteran Affairs Veterans Affairs Department PROPOSED RULES Modifying Copayments for Veterans at High Risk for Suicide, 418-421 2021-28049 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 546-581 2021-27519 Part III Health and Human Services Department, 584-728 2021-28317 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 87 3 Wednesday, January 5, 2022 Rules and Regulations NATIONAL CREDIT UNION ADMINISTRATION 12 CFR Part 747 RIN 3133-AF40 Civil Monetary Penalty Inflation Adjustment AGENCY: National Credit Union Administration (NCUA). ACTION: Final rule.

SUMMARY: The NCUA Board (Board) is amending its regulations to adjust the maximum amount of each civil monetary penalty

(CMP)within its jurisdiction to account for inflation. This action, including the amount of the adjustments, is required under the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. DATES: This final rule is effective January 5, 2022. FOR FURTHER INFORMATION CONTACT: Gira Bose, Senior Staff Attorney, at 1775 Duke Street, Alexandria, VA 22314, or telephone:

(703)518-6562. SUPPLEMENTARY INFORMATION: I. Legal Background II. Regulatory Procedures I. Legal Background A. Statutory Requirements Every Federal agency, including the NCUA, is required by law to adjust its maximum CMP amounts each year to account for inflation. Prior to this being an annual requirement, agencies were required to adjust their CMPs at least once every four years. The previous four-year requirement stemmed from the Debt Collection Improvement Act of 1996, 1 which amended the Federal Civil Penalties Inflation Adjustment Act of 1990. 2 1 Public Law 104-134, Sec. 31001(s), 110 Stat. 1321-373 (Apr. 26, 1996). The law is codified at 28 U.S.C. 2461 note. 2 Public Law 101-410, 104 Stat. 890 (Oct. 5, 1990), codified at 28 U.S.C. 2461 note. The current annual requirement stems from the Bipartisan Budget Act of 2015, 3 which contains the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 amendments). 4 This legislation provided for an initial “catch-up” adjustment of CMPs in 2016, followed by annual adjustments. The catch-up adjustment reset CMP maximum amounts by setting aside the inflation adjustments that agencies made in prior years and instead calculated inflation with reference to the year when each CMP was enacted or last modified by Congress. Agencies were required to publish their catch-up adjustments in an interim final rule by July 1, 2016, and make them effective by August 1, 2016. 5 The NCUA complied with these requirements in a June 2016 interim final rule, followed by a November 2016 final rule to confirm the adjustments as final. 6 3 Public Law 114-74, 129 Stat. 584 (Nov. 2, 2015). 4 129 Stat. 599. 5 Public Law 114-74, Sec. 701(b)(1), 129 Stat. 584, 599 (Nov. 2, 2015). 6 81 FR 40152 (June 21, 2016); 81 FR 78028 (Nov. 7, 2016). The 2015 amendments also specified how agencies must conduct annual inflation adjustments after the 2016 catch-up adjustment. Following the catch-up adjustment, agencies must make the required adjustments and publish them in the **Federal Register** by January 15 each year. 7 For 2017, the NCUA issued an interim final rule on January 6, 2017, 8 followed by a final rule issued on June 23, 2017. 9 For 2018, 2019, 2020, and 2021 the NCUA issued a final rule in each year to satisfy the agency's annual requirements. 10 This final rule satisfies the agency's requirement for the 2022 annual adjustment. 7 Public Law 114-74, Sec. 701(b)(1), 129 Stat. 584, 599 (Nov. 2, 2015). 8 82 FR 7640 (Jan. 23, 2017). 9 82 FR 29710 (June 30, 2017). 10 83 FR 2029 (Jan. 16, 2018); 84 FR 2052 (Feb. 6, 2019); 85 FR 2009 (Jan. 14, 2020); 86 FR 933 (Jan. 7, 2021). The law provides that the adjustments shall be made notwithstanding the section of the Administrative Procedure Act

(APA)that requires prior notice and public comment for agency rulemaking. 11 The 2015 amendments also specify that each CMP maximum must be increased by the percentage by which the consumer price index for urban consumers (CPI-U) 12 for October of the year immediately preceding the year the adjustment is made exceeds the CPI-U for October of the prior year. 13 Thus, for the adjustment to be made in 2022, an agency must compare the October 2020 and October 2021 CPI-U figures. 11 Public Law 114-74, Sec. 701(b)(1), 129 Stat. 584, 599 (Nov. 2, 2015). 12 This index is published by the Department of Labor, Bureau of Labor Statistics, and is available at its website: *https://www.bls.gov/cpi/.* 13 Public Law 114-74, Sec. 701(b)(2)(B), 129 Stat. 584, 600 (Nov. 2, 2015). An annual adjustment under the 2015 amendments is not required if a CMP has been amended in the preceding 12 months pursuant to other authority. Specifically, the statute provides that an agency is not required to make an annual adjustment to a CMP if in the preceding 12 months it has been increased by an amount greater than the annual adjustment required by the 2015 amendments. 14 The NCUA did not make any adjustments in the preceding 12 months pursuant to other authority. Therefore, this rulemaking adjusts the NCUA's CMPs pursuant to the 2015 amendments. 14 Public Law 114-74, Sec. 701(b)(1), 129 Stat. 584, 600 (Nov. 2, 2015). B. Application to the 2022 Adjustments and Office of Management and Budget Guidance This section applies the statutory requirements and the Office of Management and Budget's

(OMB)guidance to the NCUA's CMPs and sets forth the Board's calculation of the 2022 adjustments. The 2015 amendments directed OMB to issue guidance to agencies on implementing the inflation adjustments. 15 OMB is required to issue its guidance each December and, with respect to the 2022 annual adjustment, did so on December 15, 2021. 16 For 2022, Federal agencies must adjust the maximum amounts of their CMPs by the percentage by which the October 2021 CPI-U (276.589) exceeds the October 2020 CPI-U (260.388). The resulting increase can be expressed as an inflation multiplier (1.06222) to apply to each current CMP maximum amount to determine the adjusted maximum. The OMB guidance also addresses rulemaking procedures and agency reporting and oversight requirements for CMPs. 17 15 Public Law 114-74, Sec. 701(b)(4), 129 Stat. 584, 601 (Nov. 2, 2015). 16 See OMB Memorandum M-22-07, Implementation of Penalty Inflation Adjustments for 2022, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (December 15, 2021). 17 *Id.* The table below presents the adjustment calculations. The current maximums are found at 12 CFR 747.1001, as adjusted by the final rule that the Board approved in January 2021. This amount is multiplied by the inflation multiplier to calculate the new maximum in the far-right column. Only these adjusted maximum amounts, and not the calculations, will be codified at 12 CFR 747.1001 under this final rule. The adjusted amounts will be effective upon publication in the **Federal Register** and can be applied to violations that occurred on or after November 2, 2015, the date the 2015 amendments were enacted. 18 18 Public Law 114-74, 129 Stat. 600 (Nov. 2, 2015). 19 The table uses condensed descriptions of CMP tiers. Refer to the U.S. Code citations for complete descriptions. Table—Calculation of Maximum CMP Adjustments Citation Description and tier 19 Current maximum ($) Multiplier Adjusted maximum ($) (Current maximum × multiplier, rounded to nearest dollar) 12 U.S.C. 1782(a)(3) Inadvertent failure to submit a report or the inadvertent submission of a false or misleading report 4,146 1.06222 4,404. 12 U.S.C. 1782(a)(3) Non-inadvertent failure to submit a report or the non-inadvertent submission of a false or misleading report 41,463 1.06222 44,043. 12 U.S.C. 1782(a)(3) Failure to submit a report or the submission of a false or misleading report done knowingly or with reckless disregard Lesser of 2,073,133 or 1% of total credit union

(CU)assets 1.06222 Lesser of 2,202,123 or 1% of total CU assets. 12 U.S.C. 1782(d)(2)(A) Tier 1 CMP for inadvertent failure to submit certified statement of insured shares and charges due to the National Credit Union Share Insurance Fund (NCUSIF), or inadvertent submission of false or misleading statement 3,791 1.06222 4,027. 12 U.S.C. 1782(d)(2)(B) Tier 2 CMP for non-inadvertent failure to submit certified statement or submission of false or misleading statement 37,901 1.06222 40,259. 12 U.S.C. 1782(d)(2)(C) Tier 3 CMP for failure to submit a certified statement or the submission of a false or misleading statement done knowingly or with reckless disregard Lesser of 1,895,095 or 1% of total CU assets 1.06222 Lesser of 2,013,008 or 1% of total CU assets. 12 U.S.C. 1785(a)(3) Non-compliance with insurance logo requirements 129 1.06222 137. 12 U.S.C. 1785(e)(3) Non-compliance with NCUA security requirements 301 1.06222 320. 12 U.S.C. 1786(k)(2)(A) Tier 1 CMP for violations of law, regulation, and other orders or agreements 10,366 1.06222 11,011. 12 U.S.C. 1786(k)(2)(B) Tier 2 CMP for violations of law, regulation, and other orders or agreements and for recklessly engaging in unsafe or unsound practices or breaches of fiduciary duty 51,827 1.06222 55,052. 12 U.S.C. 1786(k)(2)(C) Tier 3 CMP for knowingly committing the violations under Tier 1 or 2 (natural person) 2,073,133 1.06222 2,202,123. 12 U.S.C. 1786(k)(2)(C) Tier 3

(CU)Lesser of 2,073,133 or 1% of total CU assets 1.06222 Lesser of 2,202,123 or 1% of total CU assets. 12 U.S.C. 1786(w)(5)(A)(ii) Non-compliance with senior examiner post-employment restrictions 341,000 1.06222 362,217. 15 U.S.C. 1639e(k) Non-compliance with appraisal independence standards (first violation) 11,906 1.06222 12,647. 15 U.S.C. 1639e(k) Subsequent violations of the same 23,811 1.06222 25,293. 42 U.S.C. 4012a(f)(5) Non-compliance with flood insurance requirements 2,252 1.06222 2,392. II. Regulatory Procedures A. Final Rule Under the APA In the 2015 amendments, Congress provided that agencies shall make the required inflation adjustments in 2017 and subsequent years notwithstanding 5 U.S.C. 553, 20 which generally requires agencies to follow notice-and-comment procedures in rulemaking and to make rules effective no sooner than 30 days after publication in the **Federal Register** . The 2015 amendments provide a clear exception to these requirements. 21 In addition, as an independent basis, the Board finds that notice-and-comment procedures would be impracticable and unnecessary under the APA because of the largely ministerial and technical nature of the rule, which affords agencies limited discretion in promulgating the rule, and the statutory deadline for making the adjustments. 22 In these circumstances, the Board finds good cause to issue a final rule without issuing a notice of proposed rulemaking or soliciting public comments. The Board also finds good cause to make the final rule effective upon publication because of the statutory deadline. Accordingly, this final rule is issued without prior notice and comment and will become effective immediately upon publication. 20 Public Law 114-74, Sec. 701(b)(1), 129 Stat. 584, 599 (Nov. 2, 2015). 21 See 5 U.S.C. 559; *Asiana Airlines* v. *Fed. Aviation Admin.,* 134 F.3d 393, 396-99 (D.C. Cir. 1998). 22 5 U.S.C. 553(b)(3)(B); see *Mid-Tex Elec. Co-op., Inc.* v. *Fed. Energy Regulatory Comm'n,* 822 F.2d 1123 (D.C. Cir. 1987). For the same reasons, this final rule does not include the usual 60-day comment period under NCUA Interpretive Ruling and Policy Statement

(IRPS)87-2, as amended by IRPS 03-2 and 15-1 (Sept. 24, 2015). B. Regulatory Flexibility Act The Regulatory Flexibility Act

(RFA)generally requires that when an agency issues a proposed rule or a final rule pursuant to the APA 23 or another law, the agency must prepare a regulatory flexibility analysis that meets the requirements of the RFA and publish such analysis in the **Federal Register** . 24 Specifically, the RFA normally requires agencies to describe the impact of a rulemaking on small entities by providing a regulatory impact analysis. For purposes of the RFA, the Board considers federally insured credit unions (FICUs) with assets less than $100 million to be small entities. 25 23 5 U.S.C. 553(b). 24 5 U.S.C. 603, 604. 25 NCUA IRPS 15-1. As discussed previously, consistent with the APA, 26 the Board has determined for good cause that general notice and opportunity for public comment is unnecessary, and therefore the Board is not issuing a notice of proposed rulemaking. Rules that are exempt from notice and comment procedures are also exempt from the RFA requirements, including conducting a regulatory flexibility analysis, when among other things the agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest. Accordingly, the Board has concluded that the RFA's requirements relating to initial and final regulatory flexibility analysis do not apply. 26 5 U.S.C. 553(b)(3)(B). Nevertheless, the Board notes that this final rule will not have a significant economic impact on a substantial number of small credit unions because it affects only the maximum amounts of CMPs that may be assessed in individual cases, which are not numerous and generally do not involve assessments at the maximum level. In addition, several of the CMPs are limited to a percentage of a credit union's assets. Finally, in assessing CMPs, the Board generally must consider a party's financial resources. 27 Because this final rule will affect few, if any, small credit unions, the Board certifies that the final rule will not have a significant economic impact on a substantial number of small entities. 27 12 U.S.C. 1786(k)(2)(G)(i). C. Paperwork Reduction Act The Paperwork Reduction Act of 1995

(PRA)applies to rulemakings in which an agency creates a new paperwork burden on regulated entities or modifies an existing burden. 28 For purposes of the PRA, a paperwork burden may take the form of either a reporting or a recordkeeping requirement, both referred to as information collections. This final rule adjusts the maximum amounts of certain CMPs that the Board may assess against individuals, entities, or credit unions but does not require any reporting or recordkeeping. Therefore, this final rule will not create new paperwork burdens or modify any existing paperwork burdens. 28 44 U.S.C. 3507(d); 5 CFR part 1320. D. Executive Order 13132 Executive Order 13132 encourages independent regulatory agencies to consider the impact of their actions on state and local interests. In adherence to fundamental federalism principles, the NCUA, an independent regulatory agency as defined in 44 U.S.C. 3502(5), voluntarily complies with the Executive order. This final rule adjusts the maximum amounts of certain CMPs that the Board may assess against individuals, entities, and federally insured credit unions, including state-chartered credit unions. However, the final rule does not create any new authority or alter the underlying statutory authorities that enable the Board to assess CMPs. Accordingly, this final rule will not have a substantial direct effect on the states, on the connection between the National Government and the states, or on the distribution of power and responsibilities among the various levels of government. The Board has determined that this final rule does not constitute a policy that has federalism implications for purposes of the Executive order. E. Assessment of Federal Regulations and Policies on Families The Board has determined that this final rule will not affect family well-being within the meaning of Section 654 of the Treasury and General Government Appropriations Act, 1999. 29 29 Public Law 105-277, 112 Stat. 2681 (Oct. 21, 1998). F. Congressional Review Act For purposes of the Congressional Review Act, 30 the OMB makes a determination as to whether a final rule constitutes a “major” rule. If OMB deems a rule to be a “major rule,” the Congressional Review Act generally provides that the rule may not take effect until at least 60 days following its publication. 30 5 U.S.C. 801-808. The Congressional Review Act defines a “major rule” as any rule that the Administrator of the Office of Information and Regulatory Affairs of the OMB finds has resulted in or is likely to result in

(A)an annual effect on the economy of $100,000,000 or more;

(B)a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies or geographic regions, or

(C)significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. 31 31 5 U.S.C. 804(2). For the same reasons set forth above, the Board is adopting the final rule without the delayed effective date generally prescribed under the Congressional Review Act. The delayed effective date required by the Congressional Review Act does not apply to any rule for which an agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rule issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. 32 32 5 U.S.C. 808. The Board believes this final rule is not a major rule. As required by the Congressional Review Act, the Board will submit the final rule and other appropriate reports to OMB, Congress, and the Government Accountability Office for review. List of Subjects in 12 CFR Part 747 Civil monetary penalties, Credit unions. By the National Credit Union Administration Board on December 30, 2021. Melane Conyers-Ausbrooks, Secretary of the Board. For the reasons stated in the preamble, the Board amends 12 CFR part 747 as follows: PART 747—ADMINISTRATIVE ACTIONS, ADJUDICATIVE HEARINGS, RULES OF PRACTICE AND PROCEDURE, AND INVESTIGATIONS 1. The authority for part 747 continues to read as follows: Authority: 12 U.S.C. 1766, 1782, 1784, 1785, 1786, 1787, 1790a, 1790d; 15 U.S.C. 1639e; 42 U.S.C. 4012a; Pub. L. 101-410; Pub. L. 104-134; Pub. L. 109-351; Pub. L. 114-74. 2. Revise § 747.1001 to read as follows: § 747.1001 Adjustment of civil monetary penalties by the rate of inflation.

(a)The NCUA is required by the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, 104 Stat. 890, as amended (28 U.S.C. 2461 note)), to adjust the maximum amount of each civil monetary penalty

(CMP)within its jurisdiction by the rate of inflation. The following chart displays those adjusted amounts, as calculated pursuant to the statute: U.S. Code citation CMP description New maximum amount

(1)12 U.S.C. 1782(a)(3) Inadvertent failure to submit a report or the inadvertent submission of a false or misleading report $4,404.

(2)12 U.S.C. 1782(a)(3) Non-inadvertent failure to submit a report or the non-inadvertent submission of a false or misleading report $44,043.

(3)12 U.S.C. 1782(a)(3) Failure to submit a report or the submission of a false or misleading report done knowingly or with reckless disregard $2,202,123 or 1 percent of the total assets of the credit union, whichever is less.

(4)12 U.S.C. 1782(d)(2)(A) Tier 1 CMP for inadvertent failure to submit certified statement of insured shares and charges due to the National Credit Union Share Insurance Fund (NCUSIF), or inadvertent submission of false or misleading statement $4,027.

(5)12 U.S.C. 1782(d)(2)(B) Tier 2 CMP for non-inadvertent failure to submit certified statement or submission of false or misleading statement $40,259.

(6)12 U.S.C. 1782(d)(2)(C) Tier 3 CMP for failure to submit a certified statement or the submission of a false or misleading statement done knowingly or with reckless disregard $2,013,008 or 1 percent of the total assets of the credit union, whichever is less.

(7)12 U.S.C. 1785(a)(3) Non-compliance with insurance logo requirements $137.

(8)12 U.S.C. 1785(e)(3) Non-compliance with NCUA security requirements $320.

(9)12 U.S.C. 1786(k)(2)(A) Tier 1 CMP for violations of law, regulation, and other orders or agreements $11,011.

(10)12 U.S.C. 1786(k)(2)(B) Tier 2 CMP for violations of law, regulation, and other orders or agreements and for recklessly engaging in unsafe or unsound practices or breaches of fiduciary duty $55,052.

(11)12 U.S.C. 1786(k)(2)(C) Tier 3 CMP for knowingly committing the violations under Tier 1 or 2 (natural person) $2,202,123.

(12)12 U.S.C. 1786(k)(2)(C) Tier 3 CMP for knowingly committing the violations under Tier 1 or 2 (insured credit union) $2,202,123 or 1 percent of the total assets of the credit union, whichever is less.

(13)12 U.S.C. 1786(w)(5)(A)(ii) Non-compliance with senior examiner post-employment restrictions $362,217.

(14)15 U.S.C. 1639e(k) Non-compliance with appraisal independence requirements First violation: $12,647; Subsequent violations: $25,293.

(15)42 U.S.C. 4012a(f)(5) Non-compliance with flood insurance requirements $2,392.

(b)The adjusted amounts displayed in paragraph

(a)of this section apply to civil monetary penalties that are assessed after the date the increase takes effect, including those whose associated violation or violations pre-dated the increase and occurred on or after November 2, 2015. [FR Doc. 2021-28555 Filed 1-4-22; 8:45 am]

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