Unknown. Final rule

2,871 words·~13 min read·/register/2022/01/21/2022-01122

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-2022-01-21.xml --- 87 14 Friday, January 21, 2022 Contents Agriculture Agriculture Department See Forest Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Office of Strategic Management Environmental Assessment Outreach, 3334-3335 2022-01104 Bonneville Bonneville Power Administration NOTICES Bonneville Purchasing Instructions and Bonneville Financial Assistance Instructions;

Availability, 3289-3290 2022-01115 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3301-3302 2022-01183 Civil Rights Civil Rights Commission NOTICES Meetings: Connecticut Advisory Committee, 3279 2022-01119 Kansas Advisory Committee, 3279-3280 2022-01182 Meetings; Sunshine Act, 3279 2022-01277 Coast Guard Coast Guard RULES Navigation and Navigable Waters, and Shipping, 3217-3225 2022-00804 Commerce Commerce Department See National Oceanic and Atmospheric Administration NOTICES Identification of Federal Financial Assistance Infrastructure Programs Subject to the Build America, Buy America Provisions: of the Infrastructure Investment and Jobs Act, 3280 2022-01103 Tribal Consultation Policy and Procedures, 3280-3281 2022-01118 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 3285-3286 2022-01179 2022-01180 Defense Department Defense Department See Engineers Corps Drug Drug Enforcement Administration NOTICES Decision and Order: Alex E. Torres, MD, 3352-3354 2022-01109 Daniel R. Nevarre, MD, 3340-3343 2022-01112 Stephen E. Owusu, DPM, 3343-3352 2022-01108 Exempt Chemical Preparations under the Controlled Substances Act, 3335-3340 2022-01125 Energy Department Energy Department See Bonneville Power Administration See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program:

Energy Conservation Standards for Miscellaneous Refrigeration Products, Availability of the Preliminary Technical Support Document, 3229-3236 2022-00848 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Aircraft Services; Flight Request, 3291 2022-01144 Realty; Application for Proposed Use of Right-of-Way, 3290 2022-01142 Engineers Engineers Corps PROPOSED RULES Restricted Area: Eagle River from Bravo Bridge to Eagle Bay in Knik Arm, Richardson Training Area on Joint Base Elmendorf-Richardson, AK, 3257-3259 2022-01011 NOTICES Requests for Nominations:

Stakeholder Representative Members of the Committee on Levee Safety, 3286-3289 2022-01159 Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Delaware; Philadelphia Area 2017 Base Year Inventory for the Ozone National Ambient Air Quality Standard, 3259-3262 2022-00248 NOTICES Broadly Applicable Alternative Test Methods, 3296-3298 2022-01124 Environmental Impact Statements; Availability, etc., 3298 2022-01149 Meetings:

Science Advisory Committee on Chemicals; Toxic Substances Control Act Screening Level Approach for Assessing Ambient Air and Water Exposures to Fenceline Communities, 3294-3296 2022-01185 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Bombardier, Inc., Airplanes, 3184-3188 2022-00993 General Electric Company Turbofan Engines, 3182-3184 2022-01141 Pilatus Aircraft Ltd. Airplanes, 3188-3190 2022-01160 Various Restricted Category Helicopters, 3176-3182 2022-00991 PROPOSED RULES Airworthiness Directives:

Bell Textron Inc. Helicopters, 3244-3246 2022-00886 Leonardo S.p.a. Helicopters, 3241-3244 2022-01168 The Boeing Company Airplanes, 3246-3250 2022-01014 Viking Air Limited (Type Certificate Previously Held by Bombardier Inc. and de Havilland, Inc.) Airplanes, 3236-3241 2022-00970 2022-00994 NOTICES Release of Airport Property for Land Disposal, 3377-3378 2022-01173 Federal Communications Federal Communications Commission RULES Television Broadcasting Services: Fort Bragg, CA, 3226-3227 2022-01153 Henderson, NV, 3227-3228 2022-01088 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 3298-3300 2022-01187 2022-01205 Federal Energy Federal Energy Regulatory Commission RULES Use of Government Lands by Hydropower Licensees: Annual Update to Fee Schedule, 3190-3203 2022-01105 NOTICES Application: Georgia Power Co., 3293-3294 2022-01174 Combined Filings, 3293-3294 2022-01171 2022-01172 Request under Blanket Authorization: Columbia Gas Transmission, LLC, 3291-3293 2022-01170 Federal Maritime Federal Maritime Commission NOTICES Agreement Filed, 3300 2022-01167 Federal Motor Federal Motor Carrier Safety Administration RULES Qualification of Drivers:

Vision Standard, 3390-3419 2022-01021 Fish Fish and Wildlife Service NOTICES Permits, Applications, Issuances, etc.: Habitat Conservation Plan for Warm Springs Natural Area and Hidden Valley Property, Clark County, NV, 3326-3327 2022-01145 Food and Drug Food and Drug Administration RULES Medical Devices: Ophthalmic Devices; Classification of the Retinal Diagnostic Software Device, 3203-3205 2022-01147 PROPOSED RULES Medical Devices: Immunology and Microbiology Devices; Classification of Human Leukocyte, Neutrophil and Platelet Antigen and Antibody Tests, 3250-3257 2022-01156 NOTICES Emergency Use Authorization:

In Vitro Diagnostic Devices for Detection and/or Diagnosis of COVID-19; Revocation, 3306-3313 2022-01139 Guidance: Collecting and Providing Portions of Official Samples, 3302-3303 2022-01143 Coronavirus Disease 2019, 3303-3306 2022-01146 Foreign Assets Foreign Assets Control Office RULES Applicable Schedule Amount, 3206-3207 2022-01081 Transnational Criminal Organizations Sanctions, 3207-3217 2022-01072 Forest Forest Service NOTICES Land Management Plan: Nantahala and Pisgah National Forests, NC;

Revision, 3278-3279 2022-01165 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration NOTICES Annual Update of the Health and Human Services Poverty Guidelines, 3315-3316 2022-01166 Meetings: National Vaccine Advisory Committee, 3316-3317 2022-01101 Tick-Borne Disease Working Group, 3314 2022-01106 National Advisory Committee on Children and Disasters, 3314-3315 2022-01161 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Maternal and Child Health Bureau Performance Measures for Discretionary Grant Information System, 3313-3314 2022-01114 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services NOTICES Science, Technology, Engineering, or Mathematics Designated Degree Program List, 3317-3321 2022-01188 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Eviction Protection Grant Program, 3323-3324 2022-01177 Medical Exception or Delay to Covid Vaccination Requirement, 3324-3325 2022-01137 Section 3 Sample Certification Forms, 3322-3323 2022-01181 Section 3 Sample Utilization Plans, 3325-3326 2022-01176 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Office of Natural Resources Revenue International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Sodium Nitrite from India and Russia, 3333-3334 2022-01089 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Refrigerator Water Filtration Devices and Components Thereof, 3331-3333 2022-01113 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration Labor Department Labor Department See Labor Statistics Bureau See Mine Safety and Health Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Request for Information on Earnings, Dual Benefits, Dependents and Third Party Settlement, 3355 2022-01129 Review Financial Assistance and the Requirements of Buy America, 3354 2022-01121 Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3355-3356 2022-01134 Land Land Management Bureau NOTICES Environmental Assessments; Availability, etc.: Intent to Amend the 1995 Florida Resource Management Plan, 3328-3329 2022-01184 Merit Merit Systems Protection Board RULES Civil Monetary Penalty Inflation Adjustment, 3175-3176 2022-01122 Millenium Millennium Challenge Corporation NOTICES Compact with the Republic of Niger:

First Amendment, 3361-3363 2022-01136 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Explosive Materials and Blasting Units (Pertains only to Underground Metal and Category III Nonmetal Mines Deemed to be Gassy), 3356-3357 2022-01126 Training Plans, New Miner Training, Newly-Hired Experienced Miner Training, 3357-3358 2022-01127 NASA National Aeronautics and Space Administration NOTICES Meetings:

Planetary Science Advisory Committee, 3363 2022-01102 National Highway National Highway Traffic Safety Administration NOTICES Petition for Decision of Inconsequential Noncompliance: Hankook Tire America Corp.; Approval, 3378-3380 2022-01133 Toyota Motor North America, Inc.; Approval, 3382-3384 2022-01132 Volkswagen Group of America, Inc.; Approval, 3380-3382 2022-01128 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Pacific Island Fisheries: Amendment 5 to the Fishery Ecosystem Plan for the American Samoa Archipelago;

American Samoa Bottomfish Fishery Rebuilding Plan, 3276-3277 2022-01189 Taking or Importing of Marine Mammals: Russian River Estuary Management Activities, 3262-3276 2022-00996 NOTICES Permits: Marine Mammals, 3281-3283 2022-00496 Review of Nominations: Hudson Canyon National Marine Sanctuary, 3283-3284 2022-01085 Mariana Trench National Marine Sanctuary, 3284-3285 2022-01151 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Nomination of Properties for Listing in the National Register of Historic Places, 3329-3330 2022-01186 National Science National Science Foundation NOTICES Identification of Federal Financial Assistance Infrastructure Programs Subject to the Build America, Buy America Provisions of the Infrastructure Investment and Jobs Act, 3365-3367 2022-01120 Meetings: Proposal Review Panel for Materials Research, 3363-3365, 3367-3371 2022-01090 2022-01091 2022-01092 2022-01093 2022-01094 2022-01095 2022-01096 2022-01097 2022-01098 2022-01099 2022-01100 Meetings;

Sunshine Act, 3371-3372 2022-01213 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Licenses; Exemptions, Applications, Amendments etc.: Zion Nuclear Power Station, Units 1 and 2, Three Mile Island Nuclear Station, Unit 2, La Crosse Boiling Water Reactor, et al., 3372-3375 2022-01175 Meetings; Sunshine Act, 3372 2022-01288 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Nationally Recognized Testing Laboratories: MET Laboratories, Inc.;

Applications for Expansion of Recognition, 3358-3359 2022-01130 Requests for Nominations: Advisory Committee on Construction Safety and Health, 3359-3360 2022-01131 Natural Resources Office of Natural Resources Revenue NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Royalty and Production Reporting, 3330-3331 2022-01158 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 3375-3376 2022-01315 State Department State Department NOTICES Imposition of Missile Proliferation Sanctions:

Three Entities in the People's Republic of China, 3376 2022-01117 Waiver of Missile Proliferation Sanctions against Foreign Persons, 3376 2022-01116 Surface Transportation Surface Transportation Board NOTICES Exemption: Continuance in Control; Watco Holdings, Inc., Verdigris Southern Railroad, LLC, 3377 2022-01154 Lease and Operation; Verdigris Southern Railroad, LLC, Track in Rogers County, OK, 3376-3377 2022-01152 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Foreign Assets Control Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Equal Employment Opportunity Complaint Forms, 3384-3385 2022-01110 Federal Financial Assistance Infrastructure Programs Subject to the Build America, Buy America Provisions of the Infrastructure Investment and Jobs Act, 3385-3388 2022-01169 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: H-1B Registration Tool, 3321-3322 2022-01107 Veteran Affairs Veterans Affairs Department RULES Civil Monetary Penalty Inflation Adjustment, 3225-3226 2022-01135 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Advertising, Sales, Enrollment Materials, and Candidate Handbooks, 3388 2022-01148 Separate Parts In This Issue Part II Transportation Department, Federal Motor Carrier Safety Administration, 3390-3419 2022-01021 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 14 Friday, January 21, 2022 Rules and Regulations MERIT SYSTEMS PROTECTION BOARD 5 CFR Part 1201 Civil Monetary Penalty Inflation Adjustment AGENCY:

Merit Systems Protection Board. ACTION: Final rule. SUMMARY: This final rule adjusts the level of civil monetary penalties

(CMPs)in regulations maintained and enforced by the Merit Systems Protection Board

(MSPB)with an annual adjustment under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act) and Office of Management and Budget

(OMB)guidance. DATES: This final rule is effective on January 21, 2022. FOR FURTHER INFORMATION CONTACT: Jennifer Everling, Acting Clerk of the Board, Merit Systems Protection Board, 1615 M Street NW, Washington, DC 20419; phone:

(202)653-7200; Fax:

(202)653-7130; or email: *mspb@mspb.gov.* SUPPLEMENTARY INFORMATION: I. Background The Federal Civil Penalties Inflation Adjustment Act of 1990 (the 1990 Act), Public Law 101-410, provides for the regular evaluation of CMPs by Federal agencies. Periodic inflationary adjustments of CMPs ensure that the consequences of statutory violations adequately reflect the gravity of such offenses and that CMPs are properly accounted for and collected by the Federal Government. In April 1996, the 1990 Act was amended by the Debt Collection Improvement Act of 1996 (the 1996 Act), Public Law 104-134, requiring Federal agencies to adjust their CMPs at least once every four years. However, because inflationary adjustments to CMPs were statutorily capped at ten percent of the maximum penalty amount, but only required to be calculated every four years, CMPs in many cases did not correspond with the true measure of inflation over the preceding four-year period, leading to a decline in the real value of the penalty. To remedy this decline, the 2015 Act (section 701 of Pub. L. 114-74) requires agencies to adjust CMP amounts with annual inflationary adjustments through a rulemaking using a methodology mandated by the legislation. The purpose of these adjustments is to maintain the deterrent effect of civil penalties. A civil monetary penalty is “any penalty, fine, or other sanction” that:

(1)“is for a specific amount” or “has a maximum amount” under Federal law; and

(2)a Federal agency assesses or enforces “pursuant to an administrative proceeding or a civil action in the Federal courts.” 28 U.S.C. 2461 note. The MSPB is authorized to assess CMPs pursuant to 5 U.S.C. 1215(a)(3) and 5 U.S.C. 7326 in disciplinary actions brought by the Special Counsel. The corresponding MSPB regulation for both CMPs is 5 CFR 1201.126(a). As required by the 2015 Act, and pursuant to guidance issued by OMB, MSPB is now making an annual adjustment for 2022, according to the prescribed formulas. II. Calculation of Adjustment The CMP listed in 5 U.S.C. 1215(a)(3) was established in 1978 with the enactment of the Civil Service Reform Act of 1978 (CSRA), Public Law 95-454, section 202(a), 92 Stat. 1121-30 (Oct. 13, 1978), and originally codified at 5 U.S.C. 1207(b). That CMP was last amended by section 106 of the Whistleblower Protection Enhancement Act of 2012, Public Law 112-199, 12 Stat. 1468 (Nov. 27, 2012), now codified at 5 U.S.C. 1215(a)(3), which provided for a CMP “not to exceed $1,000.” The CMP authorized in 5 U.S.C. 7326 was established in 2012 by section 4 of the Hatch Act Modernization Act of 2012 (Hatch Act), Public Law 112-230, 126 Stat. 1617 (Dec. 28, 2012), which provided for a CMP “not to exceed $1,000.” On February 2, 2021, MSPB issued a final rule which increased the maximum CMP allowed under both 5 U.S.C. 1215(a)(3) and 5 U.S.C. 7326 to $1,125 for the year 2021. *See* 86 FR 7797 (Feb. 2, 2021). This increase reflected the annual increase for the year 2021 mandated by the 2015 Act. On December 15, 2021, OMB issued guidance on calculating the annual inflationary adjustment for 2022. *See* Memorandum from Shalanda D. Young, Acting Dir., OMB, to Heads of Executive Departments and Agencies re: Implementation of Penalty Inflation Adjustments for 2022, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, M-22-07 (Dec. 15, 2021). Therein, OMB notified agencies that the annual adjustment multiplier for 2022, based on the Consumer Price Index for All Urban Consumers (CPI-U), is 1.06222 and that the 2022 annual adjustment amount is obtained by multiplying the 2021 penalty amount by the 2022 annual adjustment multiplier, and rounding to the nearest dollar. Therefore, the new maximum penalty under the CSRA and the Hatch Act is $1,125 × 1.06222 = $1,195.00. III. Effective Date of Penalties The revised CMP amounts will go into effect on January 21, 2022. All violations for which CMPs are assessed after the effective date of this rule will be assessed at the adjusted penalty level regardless of whether the violation occurred before the effective date. IV. Procedural Requirements A. Administrative Procedure Act Pursuant to 5 U.S.C. 553(b), the MSPB has determined that good cause exists for waiving the general notice of proposed rulemaking and public comment procedures as to these technical amendments. The notice and comment procedures are being waived because Congress has specifically exempted agencies from these requirements when implementing the 2015 Act. The 2015 Act explicitly requires the agency to make subsequent annual adjustments notwithstanding 5 U.S.C. 553, the section of the Administrative Procedure Act that normally requires agencies to engage in notice and comment. It is also in the public interest that the adjusted rates for CMPs under the CSRA and the Hatch Act become effective as soon as possible to maintain their effective deterrent effect. B. Regulatory Impact Analysis: E.O.12866 The MSPB has determined that this is not a significant regulatory action under E.O. 12866. Therefore, no regulatory impact analysis is required. C. Regulatory Flexibility Act The Regulatory Flexibility Act

(RFA)requires an agency to prepare a regulatory flexibility analysis for rules unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. The RFA applies only to rules for which an agency is required to first publish a proposed rule. *See* 5 U.S.C. 603(a) and 604(a). As discussed above, the 2015 Act does not require agencies to first publish a proposed rule when adjusting CMPs within their jurisdiction. Thus, the RFA does not apply to this final rule. D. Paperwork Reduction Act This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. Chapter 35). E. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801, *et seq.* ), the Office of Information and Regulatory Affairs designated this rule as not a “major rule” as defined by 5 U.S.C. 804(2). List of Subjects in 5 CFR Part 1201 Administrative practice and procedure, Civil rights, Government employees. For the reasons set forth above, 5 CFR part 1201 is amended as follows: PART 1201—PRACTICES AND PROCEDURES 1. The authority citation for part 1201 continues to read as follows: Authority: 5 U.S.C. 1204, 1305, and 7701, and 38 U.S.C. 4331, unless otherwise noted. § 1201.126 [Amended] 2. Section 1201.126 is amended in paragraph

(a)by removing “$1,125” and adding in its place “$1,195.” Jennifer Everling, Acting Clerk of the Board. [FR Doc. 2022-01122 Filed 1-20-22; 8:45 am]

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