Unknown. Revision to policy statement

2,930 words·~13 min read·/register/2022/01/14/2022-00011·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2022-01-14.xml --- 87 10 Friday, January 14, 2022 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Patient Safety Organizations: Emergency Medical Error Reduction Group PSO, 2436 2022-00663 Requests for Nominations: United States Preventive Services Task Force, 2436-2437 2022-00488 Agriculture Agriculture Department See Forest Service See Office of Partnerships and Public Engagement See Rural Business-Cooperative Service See Rural Utilities Service NOTICES Requests for Nominations:

National Agricultural Research, Extension, Education, and Economics Advisory Board, Specialty Crop Committee, Citrus Disease Subcommittee, and National Genetic Resources Advisory Council, 2403-2404 2022-00650 AIRFORCE Air Force Department NOTICES Environmental Impact Statements; Availability, etc.: Foreign Military Sales Pilot Training Center Beddown at Ebbing Air National Guard Base, AK or Selfridge Air National Guard Base, MI, 2417 2022-00695 Army Army Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2418 2022-00714 Consumer Financial Protection Bureau of Consumer Financial Protection RULES Civil Monetary Penalty Inflation Adjustment, 2314-2316 2022-00672 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings, 2437-2441 2022-00719 2022-00721 2022-00722 2022-00723 2022-00724 2022-00716 2022-00717 2022-00718 Single-Source Cooperative Agreement: All-India Institute for Medical Sciences, New Delhi, 2440 2022-00704 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2441 2022-00692 Civil Rights Civil Rights Commission NOTICES Meetings: Virginia Advisory Committee, 2412 2022-00665 Coast Guard Coast Guard RULES Safety Zone: Potomac River, between Charles County, MD and King George County, VA, 2347-2349 2022-00705 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2445-2446 2022-00693 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 2415-2416 2022-00703 2022-00706 Consumer Product Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 2416-2417 2022-00771 2022-00772 Defense Department Defense Department See Air Force Department See Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2421-2424 2022-00707 2022-00708 2022-00709 2022-00710 2022-00711 2022-00715 Meetings: Department of Defense Wage Committee, 2418-2421 2022-00687 Drug Drug Enforcement Administration PROPOSED RULES Schedules of Controlled Substances:

Placement of 4-hydroxy-N,N-diisopropyltryptamine, 5-methoxy-alpha-methyltryptamine, 5-methoxy-N-methyl-N-isopropyltryptamine, 5-methoxy-N,N-diethyltryptamine, and N,N-diisopropyltryptamine in Schedule I, 2376-2383 2022-00713 NOTICES Importer of Controlled Substances Application: Organic Standards Solutions International, LLC, 2456 2022-00652 Employment and Training Employment and Training Administration RULES Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2022, 2328-2340 2022-00144 Energy Department Energy Department See Federal Energy Regulatory Commission See Southeastern Power Administration PROPOSED RULES Energy Conservation Program:

Energy Conservation Standards for Manufactured Housing, 2359-2361 2022-00679 Test Procedure for Single Package Vertical Air Conditioners and Single Package Vertical Heat Pumps, 2490-2522 2021-28553 NOTICES Application to Export Electric Energy: Tidal Energy Marketing (U.S.), LLC, 2424-2425 2022-00671 Charter Renewal: National Petroleum Council, 2424 2022-00669 Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations:

Maryland; Philadelphia Area Base Year Inventory for the 2015 Ozone National Ambient Air Quality Standard, 2385-2389 2022-00468 NOTICES Certain New Chemicals or Significant New Uses: Statements of Findings for September 2021, 2430-2431 2022-00643 Environmental Impact Statements; Availability, etc., 2430 2022-00798 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: China Lake NAWS (Armitage Field) Airport, CA, 2327-2328 2022-00279 Inyokern Airport, CA, 2319-2320 2022-00280 Midwestern United States, 2325-2327 2022-00289 Vicinity of Erie, PA, 2324-2325 2022-00288 Vicinity of Neosho, MO, 2320-2322 2022-00458 Vicinity of Worthington, MN, 2322-2324 2022-00457 Airworthiness Directives:

Sikorsky Aircraft Corporation Helicopters, 2316-2318 2022-00748 PROPOSED RULES Airspace Designations and Reporting Points: Elkton, MD, 2373-2375 2022-00498 Kenai, AK, 2370-2372 2022-00438 Northcentral United States, 2375-2376 2022-00459 Rifle Garfield County Airport, CO, 2372-2373 2022-00337 Airworthiness Directives: Airbus Helicopters Deutschland GmbH Helicopters, 2368-2370 2022-00358 Bell Textron Canada Limited (Type Certificate Previously Held by Bell Helicopter Textron Canada Limited) Helicopters, 2362-2365 2022-00164 Rolls-Royce Corporation Turboshaft Engines, 2365-2367 2022-00232 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2431-2435 2022-00659 2022-00660 2022-00661 2022-00664 2022-00666 FCAH Federal Council on the Arts and the Humanities NOTICES Meetings: Arts and Artifacts Indemnity Panel Advisory Committee, 2464 2022-00667 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Hydro Technology Systems, Inc., 2428-2429 2022-00690 Pepperell Hydro Co., LLC, 2425-2426 2022-00691 Combined Filings, 2426-2427 2022-00680 2022-00683 Filing: Virginia Electric and Power Co.

(Dominion Energy Virginia), 2428 2022-00681 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: CPV Maple Hill Solar, LLC, 2426 2022-00682 Federal Maritime Federal Maritime Commission RULES Civil Monetary Penalty Inflation Adjustment, 2350-2352 2022-00712 Federal Motor Federal Motor Carrier Safety Administration NOTICES Safe Driver Apprenticeship Pilot Program: Allow Persons Ages 18, 19, and 20 to Operate Commercial Motor Vehicles in Interstate Commerce, 2477-2482 2022-00733 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2482-2485 2022-00731 Federal Reserve Federal Reserve System RULES Rules of Practice for Hearings, 2312-2314 2022-00592 NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 2435-2436 2022-00696 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Removal of 23 Extinct Species from the Lists of Endangered and Threatened Wildlife and Plants; Ivory-billed Woodpecker; Correction, 2389 2022-00658 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 2485-2486 2022-00637 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity:

Mitsubishi Logisnext Americas (Houston), Inc., Foreign-Trade Zone 84, Houston, TX, 2413 2022-00632 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Bridger-Teton National Forest, WY; Big Piney Ranger District and Greys River Ranger District, Dell Creek and Forest Park Elk Feedgrounds: Long-Term Special Use Permits, 2404-2405 2022-00700 General Services General Services Administration RULES Civil Monetary Penalty Inflation Adjustment, 2349-2350 2022-00732 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Health Resources and Services Administration See National Institutes of Health NOTICES Meetings:

President's Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders, 2442-2443 2022-00698 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Family-to-Family Health Information Center Feedback Surveys, 2441-2442 2022-00689 Homeland Homeland Security Department See Coast Guard Industry Industry and Security Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Offsets in Military Exports, 2413 2022-00727 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of Four Grant Programs Serving Native American, Native Hawaiian, and Alaska Native Communities, 2464-2465 2022-00647 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Indian Gaming Commission See Ocean Energy Management Bureau See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2486-2487 2022-00644 Judicial Conference Judicial Conference of the United States NOTICES Meetings: Advisory Committee on Bankruptcy Rules, 2456 2022-00655 Justice Department Justice Department See Drug Enforcement Administration NOTICES Proposed Joint Stipulation and Order: CERCLA, 2456-2457 2022-00645 Labor Department Labor Department See Employment and Training Administration See Mine Safety and Health Administration See Occupational Safety and Health Administration See Wage and Hour Division See Workers Compensation Programs Office RULES Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2022, 2328-2340 2022-00144 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Rehabilitation Maintenance Certificate, 2457 2022-00673 Land Land Management Bureau NOTICES Closure on Public Lands: Boise County, ID, 2446 2022-00403 Management Management and Budget Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Improving Customer Experience, 2458-2459 2022-00662 Interagency Council on Statistical Policy's Recommendation: Standard Application Process for Requesting Access to Certain Confidential Data Assets, 2459-2462 2022-00620 Mine Mine Safety and Health Administration RULES Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2022, 2328-2340 2022-00144 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Contractor Financial Management Records, 2462-2463 2022-00648 Science Mission Directorate Workplace Climate Survey, 2463-2464 2022-00649 National Foundation National Foundation on the Arts and the Humanities See Federal Council on the Arts and the Humanities See Institute of Museum and Library Services National Indian National Indian Gaming Commission PROPOSED RULES Background Investigations for Persons or Entities With a Financial Interest in or Having a Management Responsibility for a Management Contract;

Correction, 2383 2022-00631 Fees; Correction, 2383-2384 2022-00630 Submission of Gaming Ordinance or Resolution; Correction, 2384 2022-00636 National Institute National Institutes of Health NOTICES Meetings: National Center for Advancing Translational Sciences, 2444 2022-00675 National Human Genome Research Institute, 2445 2022-00670 National Institute of Mental Health, 2444 2022-00697 2022-00699 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;:

Reef Fish Resources of the Gulf of Mexico; Requirement for a Descending Device or Venting Tool, 2355-2358 2022-00720 Fisheries of the Exclusive Economic Zone off Alaska: Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 2358 2022-00640 PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Dolphin and Wahoo Fishery of the Atlantic; Amendment 10, 2389-2399 2022-00635 Fisheries of the Northeastern United States: Amendment 23 to the Northeast Multispecies Fishery Management Plan, 2399-2402 2022-00677 NOTICES Designation of the Connecticut National Estuarine Research Reserve, 2413-2414 2022-00734 Whaling Provisions:

Aboriginal Subsistence Whaling Quotas, 2414-2415 2022-00641 National Transportation National Transportation Safety Board RULES Civil Monetary Penalty Inflation Adjustment, 2352-2353 2022-00726 Nuclear Regulatory Nuclear Regulatory Commission RULES Civil Monetary Penalty Inflation Adjustment, 2310-2312 2022-00010 Enforcement Policy, 2309-2310 2022-00011 PROPOSED RULES Operational Leakage, 2361-2362 2022-00686 NOTICES Meetings; Sunshine Act, 2465-2466 2022-00846 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2022, 2328-2340 2022-00144 Ocean Energy Management Ocean Energy Management Bureau NOTICES Wind Lease Sale:

Outer Continental Shelf in the New York Bight Sale 8, 2446-2456 2022-00504 OPPE Office of Partnerships and Public Engagement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Scholars Program; Withdrawal, 2406 2022-00634 Pension Benefit Pension Benefit Guaranty Corporation RULES Civil Monetary Penalty Inflation Adjustment, 2340-2341 2022-00778 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Periodic Reporting, 2384-2385 2022-00654 Postal Service Postal Service NOTICES International Product Change:

Inbound International Tracked Delivery Service, 2466 2022-00678 Rural Business Rural Business-Cooperative Service NOTICES Applications: Rural Business Development Grant Program to Provide Technical Assistance for Rural Transportation Systems, 2406-2411 2022-00653 Rural Utilities Rural Utilities Service NOTICES Environmental Impact Statements; Availability, etc.: Speedway Solar Project, 2411-2412 2022-00688 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: MEMX, LLC, 2466-2475 2022-00642 Social Social Security Administration NOTICES Open Enrollment and Fee Increase: Electronic Consent Based Social Security Number Verification Service, 2475-2477 2022-00638 Southeastern Southeastern Power Administration NOTICES Power Marketing Policy: Georgia-Alabama-South Carolina System of Projects, 2429-2430 2022-00668 Surface Mining Surface Mining Reclamation and Enforcement Office RULES Abandoned Mine Land Reclamation Fee, 2341-2347 2022-00513 Surface Transportation Surface Transportation Board RULES Civil Monetary Penalty Inflation Adjustment, 2353-2355 2022-00639 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service NOTICES Meetings:

Debt Management Advisory Committee, 2487 2022-00676 Veteran Affairs Veterans Affairs Department NOTICES Dependency and Indemnity Compensation Cost of Living Adjustments, 2487-2488 2022-00694 Wage Wage and Hour Division RULES Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2022, 2328-2340 2022-00144 Workers' Workers Compensation Programs Office RULES Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2022, 2328-2340 2022-00144 Separate Parts In This Issue Part II Energy Department, 2490-2522 2021-28553 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 10 Friday, January 14, 2022 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 2 [NRC-2021-0219] Revision of the NRC Enforcement Policy AGENCY: Nuclear Regulatory Commission. ACTION: Revision to policy statement.

SUMMARY: The U.S. Nuclear Regulatory Commission

(NRC)is publishing a revision to its Enforcement Policy. This revision addresses the requirements of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which requires Federal agencies to adjust their maximum civil monetary penalty amounts annually for inflation. DATES: This action is effective on January 14, 2022. ADDRESSES: Please refer to Docket ID NRC-2021-0219 when contacting the NRC about the availability of information regarding this document. You may obtain publicly available information related to this document using any of the following methods: • *Federal Rulemaking website:* Go to *https://www.regulations.gov* and search for Docket ID NRC-2021-0219. Address questions about NRC dockets to Dawn Forder; telephone: 301-415-3407; email: *Dawn.Forder@nrc.gov.* For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • *NRC's Agencywide Documents Access and Management System (ADAMS):* You may obtain publicly-available documents online in the ADAMS Public Documents collection at *https://www.nrc.gov/reading-rm/adams.html.* To begin the search, select Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room

(PDR)reference staff at 1-800-397-4209, 301-415-4737, or by email to *pdr.resource@nrc.gov.* • *NRC's PDR:* You may examine and purchase copies of public documents, by appointment, at the NRC's PDR, Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an appointment to visit the PDR, please send an email to *PDR.Resource@nrc.gov* or call 1-800-397-4209 or 301-415-4737, between 8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Susanne Woods, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 301-287-9446, email: *Susanne.Woods@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Discussion In 1990, Congress passed the Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIAA) to provide for regular adjustments for inflation of civil monetary penalties (CMPs). As amended by the Debt Collection Improvement Act of 1996, the FCPIAA required that the head of each Federal agency review and, if necessary, adjust by regulation the CMPs assessed under statutes enforced by the agency at least once every 4 years. On November 2, 2015, the President of the United States signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Improvements Act), which further amended the FCPIAA and requires Federal agencies to adjust their CMPs annually for inflation no later than January 15 of each year. The requirements of the 2015 Improvements Act apply to the NRC's maximum CMP amounts for 1) a violation of violation of the Atomic Energy Act

(AEA)of 1954, as amended, or any regulation or order issued under the AEA, codified in § 2.205(j) of title 10 of the *Code of Federal Regulations* (10 CFR), “Civil penalties”; and 2) a false claim or statement made under the Program Fraud Civil Remedies Act, codified in § 13.3, “Basis for civil penalties and assessments.” Pursuant to the 2015 Improvements Act, the NRC published in the Rules section of this issue of the **Federal Register** the revised maximum daily base CMP, based on the percentage change in the consumer price index between October 2020 and October 2021, and codified in § 2.205. In connection with this final rule, the NRC is publishing a corresponding update to the NRC's Enforcement Policy table of civil penalties, specifically, of the monetary amounts found in Section 8.0, “Table of Base Civil Penalties,” items a through e and g. This monetary adjustment does not include item f since its monetary value is based on the estimated or actual cost of authorized disposal and not on the monetary value codified in § 2.205(j). Accordingly, the NRC has revised its Enforcement Policy to read as follows: 8.0—Table of Base Civil Penalties [Table A] a. Power reactors, gaseous diffusion uranium enrichment plants, and high-level waste repository $320,000 b. Fuel fabricators authorized to possess Category I or II quantities of SNM and uranium conversion facilities 160,000 c. All other fuel fabricators, including facilities under construction, authorized to possess Category III quantities of SNM, industrial processors, independent spent fuel and monitored retrievable storage installations, mills, gas centrifuge and laser uranium enrichment facilities 80,000 d. Test reactors, contractors, waste disposal licensees, industrial radiographers, and other large material users 32,000 e. Research reactors, academic, medical, or other small material users 16,000 f. Loss, abandonment, or improper transfer or disposal of regulated material, regardless of the use or type of licensee: 1. Sources or devices with a total activity greater than 3.7 × 104 MBq (1 Curie), excluding hydrogen-3 (tritium) 54,000 2. Other sources or devices containing the materials and quantities listed in 10 CFR 31.5(c)(13)(i) 17,000 3. Sources and devices not otherwise described above 7,000 g. Individuals who release safeguards information 8,000 II. Paperwork Reduction Act Statement This policy statement does not contain any new or amended collection of information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq). Existing collections of information were approved by the Office of Management and Budget (OMB), approval numbers 3150-0010 and 3150-0136. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the document requesting or requiring the collection displays a currently valid OMB control number. III. Congressional Review Act This action is a rule as defined in the Congressional Review Act (5 U.S.C. 801-808). However, the Office of Management and Budget has determined that it is not a “major rule” as defined by the Congressional Review Act. Dated: December 22, 2021. For the Nuclear Regulatory Commission. Daniel H. Dorman, Executive Director for Operations. [FR Doc. 2022-00011 Filed 1-13-22; 8:45 am]

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