Unknown. Notification of monetary penalties 2022

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--- schema: federal-register doc_type: fedreg source_file: FR-2022-01-12.xml --- 87 8 Wednesday, January 12, 2022 Contents Administrative Administrative Conference of the United States NOTICES Adoption of Recommendation, 1715-1724 2022-00463 Fiscal Bureau of the Fiscal Service NOTICES Prompt Payment Interest Rate; Contract Disputes Act, 1839 2022-00391 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program: Contract Year 2023 Policy and Technical Changes to the Medicare Advantage and Medicare Prescription Drug Benefit Programs, 1842-1960 2022-00117 NOTICES Agency Information Collection Activities;

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Bell Textron Inc. (Type Certificate Previously Held by Bell Helicopter Textron Inc.) Helicopters, 1668-1670 2022-00351 Pratt and Whitney Turbofan Engines, 1664-1666 2022-00414 Stemme AG Gliders, 1666-1668 2022-00348 Special Conditions: Learjet, Inc.; Electronic System Security Protection from Unauthorized External Access, 1662-1663 2022-00390 PROPOSED RULES Airworthiness Directives: Airbus SAS Airplanes, 1703-1706 2021-28510 Leonardo S.p.a. Helicopters, 1706-1709 2022-00057 NOTICES Agency Information Collection Activities;

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Equitrans, LP, 1748-1750 2022-00359 Filing: North American Electric Reliability Corp., 1746-1747 2022-00409 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Mulligan Solar, LLC, 1747 2022-00428 Meetings: Alabama Power Co.; Technical Teleconference, 1742 2022-00356 Request under Blanket Authorization: Northern Natural Gas Co., 1738-1739 2022-00408 Federal Housing Finance Agency Federal Housing Finance Agency RULES Civil Money Penalty Inflation Adjustment, 1659-1662 2022-00361 Federal Reserve Federal Reserve System NOTICES Change in Bank Control:

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Proposals, Submissions, and Approvals: Fast Track Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery: IHS Customer Service Satisfaction and Similar Surveys, 1764-1766 2022-00364 Industry Industry and Security Bureau RULES Information Security Controls: Cybersecurity Items; Delay of Effective Date, 1670-1671 2022-00448 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Chemical Weapons Convention Declaration and Report Handbook and Forms and Chemical Weapons Convention Regulations, 1725 2022-00392 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Office of Natural Resources Revenue International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Certain Audio Players and Controllers, Components Thereof, and Products Containing Same, 1784-1785 2022-00389 Certain Flocked Swabs, Products Containing Flocked Swabs, and Methods of Using Same, 1783-1784 2022-00368 Certain LED Landscape Lighting Devices and Components Thereof, 1785-1786 2022-00374 Judicial Conference Judicial Conference of the United States NOTICES Deadline for Submitting Completed Applications: Participation in the Tribal Self-Governance Program in Fiscal Year 2023 or Calendar Year 2023, 1776-1777 2022-00387 Meetings:

Advisory Committee on Appellate Rules, 1787 2022-00355 Advisory Committee on Civil Rules, 1786 2022-00357 Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Meetings: San Juan Islands National Monument Advisory Committee, 1779 2022-00469 Requests for Nominations: Missouri Basin and Western Montana Resource Advisory Councils, 1778-1779 2022-00472 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Subcontracting Plans, 1751-1752 2022-00415 Meetings: Aerospace Safety Advisory Panel, 1791 2022-00476 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Consolidated Labeling Requirements and Procedures for Selecting Lines to be Covered by the Theft Prevention Standard, 1833-1837 2022-00372 Exemption for the Make Inoperative Prohibition to Accommodate People with Disabilities, 1829-1832 2022-00371 Motorcycle Helmets (Labeling), 1832-1833 2022-00370 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 1768-1769 2022-00434 National Cancer Institute, 1766-1767 2022-00433 National Heart, Lung, and Blood Institute, 1770 2022-00429 2022-00436 National Institute of Dental and Craniofacial Research, 1768 2022-00430 2022-00435 National Institute of Diabetes and Digestive and Kidney Diseases, 1769-1770 2022-00479 National Institute of Mental Health, 1766 2022-00431 National Institute on Aging, 1766-1768, 1770 2022-00478 2022-00483 2022-00486 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States:

Atlantic Mackerel; 2022 Interim Action, 1700-1702 2022-00402 Atlantic Sea Scallop Fishery; Amendment 21, 1688-1700 2022-00367 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Southeast Region Vessel Monitoring System and Related Requirements, 1725-1726 2022-00405 Meetings: Caribbean Fishery Management Council, 1729-1730 2022-00425 Fisheries of the South Atlantic; Southeast Data, Assessment, and Review, 1729 2022-00421 Mid-Atlantic Fishery Management Council, 1727 2022-00424 New England Fishery Management Council, 1728-1729 2022-00426 New England Fishery Management Council;

Correction, 1728 2022-00420 Pacific Fishery Management Council, 1727-1728 2022-00422 2022-00423 Taking or Importing of Marine Mammals: Geophysical Surveys of the Guerrero Gap in the Eastern Tropical Pacific, 1992-2025 2022-00455 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Designation as National Recreation Trail or National Water Trail, 1779-1780 2022-00416 Mining and Mining Claims and Non-Federal Oil and Gas Rights, 1782-1783 2022-00417 President's Park National Christmas Tree Music Program Application, 1781-1782 2022-00418 Meetings:

Tule Springs Fossil Beds National Monument Advisory Council, 1780-1781 2022-00456 National Science National Science Foundation NOTICES Antarctic Conservation Act Permit Applications, 1792-1793 2022-00441 2022-00445 Antarctic Conservation Act Permit Modifications, 1791-1793 2022-00444 2022-00442 2022-00443 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Facility Operating and Combined Licenses: Applications and Amendments Involving Proposed No Significant Hazards Considerations, etc., 1793 2022-00365 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Grant of Expansion of Recognition and Modification to the Nationally Recognized Testing Laboratory Program's List of Appropriate Test Standards:

UL LLC, 1790-1791 2022-00395 Natural Resources Office of Natural Resources Revenue RULES Civil Monetary Penalty Inflation Adjustment, 1671-1673 2022-00165 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Rollover Election, Rollover Information, and Special Tax Notice Regarding Rollovers, 1793-1794 2022-00450 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous Materials:

Actions on Special Permits, 1838-1839 2022-00452 Hazardous Materials; Applications for Modifications to Special Permits, 1837-1838 2022-00451 Postal Service Postal Service RULES Civil Monetary Penalty Inflation Adjustment, 1674-1676 2022-00373 Plus One Permanent Product, 1673-1674 2022-00396 Securities Securities and Exchange Commission NOTICES Civil Monetary Penalty Inflation Adjustment, 1808-1810 2022-00384 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 1962-1989 2022-00376 New York Stock Exchange, LLC, 1794-1797 2022-00382 NYSE American, LLC, 1825-1828 2022-00379 NYSE Arca, Inc., 1810-1813 2022-00380 NYSE National, Inc., 1804-1808 2022-00381 The Nasdaq Stock Market, LLC, 1797-1804 2022-00383 The Options Clearing Corp., 1814-1825 2022-00377 2022-00378 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 1770-1771 2022-00432 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Law Enforcement Officers Safety Act and Retired Badge/Credential, 1773-1774 2022-00386 Treasury Treasury Department See Bureau of the Fiscal Service See Comptroller of the Currency Customs U.S.

Customs and Border Protection NOTICES New Zealand Beef Imports Approved for the Electronic Certification System, 1771-1772 2022-00464 Veteran Affairs Veterans Affairs Department NOTICES Loan Guaranty: Assistance to Eligible Individuals in Acquiring Specially Adapted Housing; Cost-of-Construction Index, 1839-1840 2022-00369 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 1842-1960 2022-00117 Part III Securities and Exchange Commission, 1962-1989 2022-00376 Part IV Commerce Department, National Oceanic and Atmospheric Administration, 1992-2025 2022-00455 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 8 Wednesday, January 12, 2022 Rules and Regulations DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency 12 CFR Parts 19 and 109 Notification of Inflation Adjustments for Civil Money Penalties AGENCY: Office of the Comptroller of the Currency, Treasury.

ACTION: Notification of monetary penalties 2022. SUMMARY: This document announces changes to the Office of the Comptroller of the Currency's

(OCC)maximum civil money penalties as adjusted for inflation. The inflation adjustments are required to implement the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. DATES: The adjusted maximum amount of civil money penalties in this document are applicable to penalties assessed on or after January 12, 2022 for conduct occurring on or after November 2, 2015. FOR FURTHER INFORMATION CONTACT: Lee Walzer, Counsel, Chief Counsel's Office,

(202)649-5490, Office of the Comptroller of the Currency. SUPPLEMENTARY INFORMATION: This document announces changes to the maximum amount of each civil money penalty

(CMP)within the OCC's jurisdiction to administer to account for inflation pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 (the 1990 Adjustment Act), 1 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Adjustment Act). 2 Under the 1990 Adjustment Act, as amended, federal agencies must make annual adjustments to the maximum amount of each CMP they administer. The Office of Management and Budget

(OMB)is required to issue guidance to federal agencies no later than December 15 of each year providing an inflation adjustment multiplier ( *i.e.,* the inflation adjustment factor agencies must use) applicable to CMPs assessed in the following year. The agencies are required to publish their CMPs, adjusted pursuant to the multiplier provided by the OMB, by January 15 of the applicable year. 1 Public Law 101-410, Oct. 5, 1990, 104 Stat. 890, codified at 28 U.S.C. 2461 note. 2 Public Law 114-74, Title VII, section 701(b), Nov. 2, 2015, 129 Stat. 599, codified at 28 U.S.C. 2461 note. To the extent an agency codified a CMP amount in its regulations, the agency would need to update that amount by regulation. However, if an agency codified a formula for making the CMP adjustments, then subsequent adjustments can be made solely by notice. 3 In 2018, the OCC published a final regulation that removed the CMP amounts from its regulations while updating the CMP amounts for inflation through the notice process. 4 3 *See* OMB Memorandum M-18-03, Implementation of the 2018 Annual Adjustment Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, at 4, which permits agencies that have codified the formula to adjust CMPs for inflation to update the penalties through a notice rather than a regulation. 4 83 FR 1517 (Jan. 12, 2018) (final rule); 83 FR 1657 (Jan. 12, 2018) (2018 CMP Notice). On December 15, 2021, the OMB issued guidance to affected agencies on implementing the required annual adjustment, which included the relevant inflation multiplier. 5 The OCC has applied that multiplier to the maximum CMPs allowable in 2021 for national banks and Federal savings associations as listed in the 2021 CMP notice 6 to calculate the maximum amount of CMPs that may be assessed by the OCC in 2022. 7 There were no new statutory CMPs administered by the OCC during 2021. 5 The inflation adjustment multiplier for 2022 is 1.06222. *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 (Dec. 15, 2021). 6 *See* 85 FR 86795 (Dec. 31, 2020). 7 Penalties assessed for violations occurring prior to November 2, 2015, will be subject to the maximum amounts set forth in the OCC's regulations in effect prior to the enactment of the 2015 Adjustment Act. The following charts provide the inflation-adjusted CMPs for use beginning on January 12, 2022, pursuant to 12 CFR 19.240(b) and 109.103(c)(2) for conduct occurring on or after November 2, 2015: Penalties Applicable to National Banks U.S. code citation Description and tier (if applicable) Maximum penalty amount (in dollars) 1 12 U.S.C. 93(b) Violation of Various Provisions of the National Bank Act: Tier 1 11,011 Tier 2 55,052 Tier 3 2 2,202,123 12 U.S.C. 164 Violation of Reporting Requirements: Tier 1 4,404 Tier 2 44,043 Tier 3 2 2,202,123 12 U.S.C. 481 Refusal of Affiliate to Cooperate in Examination 11,011 12 U.S.C. 504 Violation of Various Provisions of the Federal Reserve Act: Tier 1 11,011 Tier 2 55,052 Tier 3 2 2,202,123 12 U.S.C. 1817(j)(16) Violation of Change in Bank Control Act: Tier 1 11,011 Tier 2 55,052 Tier 3 2 2,202,123 12 U.S.C. 1818(i)(2) 3 Violation of Law, Unsafe or Unsound Practice, or Breach of Fiduciary Duty: Tier 1 11,011 Tier 2 55,052 Tier 3 2 2,202,123 12 U.S.C. 1820(k)(6)(A)(ii) Violation of Post-Employment Restrictions: Per violation 362,217 12 U.S.C. 1832(c) Violation of Withdrawals by Negotiable or Transferable Instrument for Transfers to Third Parties: Per violation 3,198 12 U.S.C. 1884 Violation of the Bank Protection Act 320 12 U.S.C. 1972(2)(F) Violation of Anti-Tying Provisions regarding Correspondent Accounts, Unsafe or Unsound Practices, or Breach of Fiduciary Duty: Tier 1 11,011 Tier 2 55,052 Tier 3 2 2,202,123 12 U.S.C. 3110(a) Violation of Various Provisions of the International Banking Act (Federal Branches and Agencies) 50,326 12 U.S.C. 3110(c) Violation of Reporting Requirements of the International Banking Act (Federal Branches and Agencies): Tier 1 4,027 Tier 2 40,259 Tier 3 2 2,013,008 12 U.S.C. 3909(d)(1) Violation of International Lending Supervision Act 2,739 15 U.S.C. 78u-2(b) Violation of Various Provisions of the Securities Act, the Securities Exchange Act, the Investment Company Act, or the Investment Advisers Act: Tier 1 (natural person)—Per violation 10,360 Tier 1 (other person)—Per violation 103,591 Tier 2 (natural person)—Per violation 103,591 Tier 2 (other person)—Per violation 517,955 Tier 3 (natural person)—Per violation 207,183 Tier 3 (other person)—Per violation 1,035,909 15 U.S.C. 1639e(k) Violation of Appraisal Independence Requirements: First violation 12,647 Subsequent violations 25,293 42 U.S.C. 4012a(f)(5) Flood Insurance: Per violation 2,392 1 The maximum penalty amount is per day, unless otherwise indicated. 2 The maximum penalty amount for a national bank is the lesser of this amount or 1 percent of total assets. 3 These amounts also apply to CMPs in statutes that cross-reference 12 U.S.C. 1818, such as 12 U.S.C. 2804, 3108, 3349, 4309, and 4717 and 15 U.S.C. 1607, 1693o, 1681s, 1691c, and 1692l. Penalties Applicable to Federal Savings Associations U.S. code citation CMP description Maximum penalty amount (in dollars) 8 12 U.S.C. 1464(v) Reports of Condition: 1st Tier 4,404 2nd Tier 44,043 3rd Tier 2 2,202,123 12 U.S.C. 1467(d) Refusal of Affiliate to Cooperate in Examination 11,011 12 U.S.C. 1467a(r) Late/Inaccurate Reports: 1st Tier 4,404 2nd Tier 44,043 3rd Tier 2 2,202,123 12 U.S.C. 1817(j)(16) Violation of Change in Bank Control Act: 1st Tier 11,011 2nd Tier 55,052 3rd Tier 2 2,202,123 12 U.S.C. 1818(i)(2) 3 Violation of Law, Unsafe or Unsound Practice, or Breach of Fiduciary Duty: 1st Tier 11,011 2nd Tier 55,052 3rd Tier 2 2,202,123 12 U.S.C. 1820(k)(6)(A)(ii) Violation of Post-Employment Restrictions: Per violation 362,217 12 U.S.C. 1832(c) Violation of Withdrawals by Negotiable or Transferable Instruments for Transfers to Third Parties: Per violation 2,907 12 U.S.C. 1884 Violation of the Bank Protection Act 320 12 U.S.C. 1972(2)(F) Violation of Provisions regarding Correspondent Accounts, Unsafe or Unsound Practices, or Breach of Fiduciary Duty: Tier 1 11,011 Tier 2 55,052 Tier 3 2 2,202,123 15 U.S.C. 78u-2(b) Violations of Various Provisions of the Securities Act, the Securities Exchange Act, the Investment Company Act, or the Investment Advisers Act: 1st Tier (natural person)—Per violation 10,360 1st Tier (other person)—Per violation 103,591 2nd Tier (natural person)—Per violation 103,591 2nd Tier (other person)—Per violation 517,955 3rd Tier (natural person)—Per violation 207,183 3rd Tier (other person)—Per violation 1,035,909 15 U.S.C. 1639e(k) Violation of Appraisal Independence Requirements: First violation 12,647 Subsequent violations 25,293 42 U.S.C. 4012a(f)(5) Flood Insurance: Per violation 2,392 8 The maximum penalty amount is per day, unless otherwise indicated. 2 The maximum penalty amount for a federal savings association is the lesser of this amount or 1 percent of total assets. 3 These amounts also apply to statutes that cross-reference 12 U.S.C. 1818, such as 12 U.S.C. 2804, 3108, 3349, 4309, and 4717 and 15 U.S.C. 1607, 1681s, 1691c, and 1692l. Benjamin W. McDonough, Senior Deputy Comptroller and Chief Counsel, Office of the Comptroller of the Currency. [FR Doc. 2022-00109 Filed 1-11-22; 8:45 am]

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