Unknown. Final rule

3,132 words·~14 min read·/register/2022/03/22/2022-05700·

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--- schema: federal-register doc_type: fedreg source_file: FR-2022-03-22.xml --- 87 55 Tuesday, March 22, 2022 Contents Agriculture Agriculture Department See Food Safety and Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16162 2022-06004 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2020 Post-Census Group Quarters Review, 16167-16168 2022-06038 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Clinical Laboratory Improvement Amendments Program:

Re-Approval of the American Association for Laboratory Accreditation as an Accreditation Organization, 16190-16192 2022-06023 Meetings: Advisory Panel on Outreach and Education, 16192-16194 2022-05963 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Family Reunification Packet for Sponsors of Unaccompanied Children, 16194-16195 2022-05957 Request for Information: Technical Assistance Needs and Priorities on Implementation and Coordination of Early Childhood Development Programs in American Indian and Alaska Native Communities, 16195-16196 2022-05962 Civil Rights Civil Rights Commission NOTICES Meetings:

Arkansas Advisory Committee, 16166 2022-05987 South Dakota Advisory Committee, 16166-16167 2022-05988 Washington Advisory Committee, 16166 2022-05989 Coast Guard Coast Guard PROPOSED RULES Anchorage Grounds: Atlantic Ocean, Delaware, 16126-16129 2022-05806 Safety Zone: Graduate Boat Parade, Sturgeon Bay, WI, 16129-16131 2022-06012 Commerce Commerce Department See Census Bureau See Industry and Security Bureau See National Oceanic and Atmospheric Administration Defense Department Defense Department See Engineers Corps Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Client Assistance Program, 16170-16171 2022-05970 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 16171 2022-06097 Energy Department Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Request for Application: Stakeholder Representative Members of the Committee on Levee Safety, 16170 2022-06032 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Maryland; Philadelphia Area Base Year Inventory for the 2015 Ozone National Ambient Air Quality Standards, 16101-16103 2022-05605 National Priorities List: Deletion, 16103-16104 2022-05556 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Idaho; Incorporation by Reference Updates, 16131-16133 2022-05847 National Priorities List: Deletion, 16135-16138 2022-05555 Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities, 16133-16135 2022-06046 NOTICES Meetings:

Great Lakes Advisory Board, 16183-16184 2022-06042 Pesticide Product Registration: Receipt of Applications for New Uses - February 2022, 16182-16183 2022-06047 Export Import Export-Import Bank PROPOSED RULES Freedom of Information Act Requirements, 16107-16117 2022-05322 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Southwest Oregon Regional Airport, OR; Correction, 16100-16101 2022-05620 Airworthiness Directives: Airbus SAS Airplanes, 16094-16097 2022-05617 Bell Textron Canada Limited (Type Certificate Previously Held by Bell Helicopter Textron Canada Limited) Helicopters, 16097-16100 2022-05664 PROPOSED RULES Airworthiness Directives:

British Aerospace (Operations) Limited and British Aerospace Regional Aircraft Airplanes, 16118-16120 2022-05673 Leonardo S.p.a. Helicopters, 16120-16123 2022-05606 Viking Air Limited (Type Certificate Previously Held by Bombardier Inc. and de Havilland, Inc.) Airplanes, 16123-16126 2022-05668 Federal Communications Federal Communications Commission PROPOSED RULES Television Broadcasting Services: Bozeman, MT, 16158-16159 2022-05933 Butte, MT, 16157-16158 2022-05934 Great Falls, MT, 16156-16157 2022-05931 Helena, MT, 16159-16160 2022-05863 Missoula, MT, 16156 2022-05865 Weston, WV, 16155-16156 2022-05932 Federal Contract Federal Contract Compliance Programs Office PROPOSED RULES Pre-enforcement Notice and Conciliation Procedures, 16138-16155 2022-05696 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 16184-16186 2022-05953 Federal Emergency Federal Emergency Management Agency NOTICES FY 2023 Arrangement: National Flood Insurance Program; Assistance to Private Sector Property Insurers, 16221-16228 2022-05956 Federal Energy Federal Energy Regulatory Commission NOTICES Application and Establishing Intervention Deadline: National Fuel Gas Distribution Corp., 16176-16178 2022-06016 Application: ANR Pipeline Co., 16178-16180 2022-06017 CW Bill Young Hydropower Group, Inc., 16182 2022-06014 Combined Filings, 16171-16173 2022-06026 2022-06027 Environmental Impact Statements;

Availability, etc.: Texas Eastern Transmission, LP; Venice Extension Project, 16173-16176 2022-06018 Granting Motion to Continue to Hold Proceeding in Abeyance: North Carolina Electric Membership Corp. v. Duke Energy Progress, LLC, 16171 2022-06015 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: LeConte Energy Storage, LLC, 16181 2022-06028 Meetings; Sunshine Act, 16180-16181 2022-06147 Records Governing Off-the-Record Communications, 16176 2022-06019 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions:

Proposed Highway in California, 16303-16305 2022-06066 2022-06068 Proposed Highway Project in Michigan, 16305-16306 2022-05993 Proposed Roadway in California, 16302-16303 2022-06067 Federal Mediation Federal Mediation and Conciliation Service NOTICES Arbitrators' Personal Data Questionnaire, 16186 2022-06071 Arbitrator's Report and Fee Statement, 16186-16187 2022-06070 Federal Railroad Federal Railroad Administration NOTICES Petition for Waiver of Compliance and Statutory Exemption, 16306 2022-06011 Federal Reserve Federal Reserve System NOTICES Change in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 16187 2022-06033 Federal Trade Federal Trade Commission NOTICES Analysis of Proposed Consent Orders: CafePress, 16187-16189 2022-06022 Federal Transit Federal Transit Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Public Transportation Agency Safety Plan, 16306-16307 2022-05950 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Status for the Sand Dune Phacelia and Designation of Critical Habitat, 16320-16363 2022-05326 NOTICES Permits;

Applications, Issuances, etc.: Endangered and Threatened Species, 16228-16229 2022-06001 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Medication Guides for Prescription Drug Products, 16199-16201 2022-06034 Emergency Use Authorization: Biological Product during the COVID-19 Pandemic, 16201-16212 2022-06009 Certain Medical Devices during COVID-19, 16196-16199 2022-06008 Final Debarment Order:

Irfanali Nisarali Momin, 16214-16215 2022-06052 Shiba I. Momin, 16215-16216 2022-06036 Guidance: Verification Systems under the Drug Supply Chain Security Act for Certain Prescription Drugs; Correction, 16217-16218 2022-06006 Meetings: Vaccines and Related Biological Products Advisory Committee, 16216-16217 2022-06053 Prioritizing the Addition of Maximum Daily Exposure Information and Removing Dosage Form Information From the Inactive Ingredient Database, 16212-16214 2022-06031 Food Safety Food Safety and Inspection Service PROPOSED RULES Privacy Act Exemption:

AssuranceNet, 16105-16107 2022-05745 NOTICES Privacy Act; Systems of Records, 16163-16165 2022-05746 General Services General Services Administration NOTICES Meetings: Green Building Advisory Committee, 16189-16190 2022-06040 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.

Customs and Border Protection Industry Industry and Security Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Procedures for Submitting Rebuttals and Surrebuttals Requests for Exclusions from and Objections to the National Security Adjustments of Imports of Steel and Aluminum, 16168-16169 2022-05992 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, 16312-16314 2022-06000 2022-06010 2022-06013 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Toner Supply Containers and Components Thereof, 16230-16231 2022-05952 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annuity Broker Declaration Form, 16232-16233 2022-05895 2022-06044 Proposed Consent Decree:

Clean Air Act, 16231-16232 2022-06035 Resource Conservation and Recovery Act and Clean Water Act, 16231 2022-06003 Labor Department Labor Department See Federal Contract Compliance Programs Office See Mine Safety and Health Administration Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 16241-16243 2022-06202 Millenium Millennium Challenge Corporation NOTICES Meetings: Economic Advisory Council, 16244 2022-05990 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Daily Inspection of Surface Coal Mine; Certified Person; Reports of Inspection (Pertains to Surface Coal Mines), 16240-16241 2022-05996 Pattern of Violations, 16239-16240 2022-05994 Petition: Modification of Application of an Existing Mandatory Safety Standard, 16234-16238 2022-05997 Modification of Application of Existing Mandatory Safety Standards, 16233-16234 2022-05995 NASA National Aeronautics and Space Administration NOTICES Requirement for Recipients of Financial Assistance Awards To Obtain a Quotation from Small and/or Minority Businesses, Women's Business Enterprises and Labor Surplus Area Firms;

Correction, 16244 2022-05954 National Archives National Archives and Records Administration NOTICES Privacy Act; Systems of Records, 16244-16245 2022-06007 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 16218 2022-05969 National Institute of Allergy and Infectious Diseases, 16218 2022-05968 National Institute of Diabetes and Digestive and Kidney Diseases, 16218 2022-05966 National Institute of Neurological Disorders and Stroke, 16218-16219 2022-05967 National Oceanic National Oceanic and Atmospheric Administration NOTICES Public Comment of the Office of Ocean Exploration and Research, 16169-16170 2022-05955 National Park National Park Service NOTICES Meetings:

Gateway National Recreation Area Fort Hancock 21st Century Advisory Committee, 16229-16230 2022-06050 National Transportation National Transportation Safety Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16245-16246 2022-06037 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Facility Operating and Combined Licenses: Applications and Amendments Involving Proposed No Significant Hazards Considerations, etc., 16249-16255 2022-05478 Licenses;

Exemptions, Applications, Amendments etc.: Dresden Nuclear Power Station, Units 2 and 3, Constellation Energy Generation, LLC, 16246-16249 2022-05998 Personnel Personnel Management Office RULES Program Fraud Civil Remedies: Civil Monetary Penalty Inflation Adjustment, 16093-16094 2022-05700 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous Materials: Frequently Asked Questions—Applicability of the Hazardous Material Regulations, 16308-16310 2022-05958 Postal Service Postal Service NOTICES Meetings;

Sunshine Act, 16262 2022-06144 Transfer of Post Office Box Service in Selected Locations to the Competitive Product List: Postal Service, 16255-16261 2022-05971 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 16277 2022-06095 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 16277-16279 2022-05982 Cboe EDGA Exchange, Inc., 16272-16274 2022-05985 Cboe EDGX Exchange, Inc., 16296-16299 2022-05986 Financial Industry Regulatory Authority, Inc., 16262-16268 2022-05975 2022-05981 MEMX LLC, 16268-16272 2022-05976 Nasdaq BX, Inc., 16299-16301 2022-05978 Nasdaq ISE, LLC, 16274-16277 2022-05977 Nasdaq PHLX, LLC, 16281-16283 2022-05984 New York Stock Exchange, LLC, 16286-16296 2022-05980 The Nasdaq Stock Market, LLC, 16279-16280, 16283-16286 2022-05979 2022-05983 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 16219 2022-06051 Trade Representative Trade Representative, Office of United States NOTICES Meetings: United States-Colombia Environmental Affairs Council and Environmental Cooperation Commission, 16302 2022-06045 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Federal Transit Administration See Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Procedures for Transportation Workplace Drug and Alcohol Testing Programs:

Addition of Oral Fluid Specimen Testing for Drugs, 16160-16161 2022-05972 NOTICES Requests for Nominations: Annual Combating Human Trafficking in Transportation Impact Award, 16310-16312 2022-05781 Treasury Treasury Department See Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Assessment of Fees on Large Bank Holding Companies and Nonbank Financial Companies, 16315-16316 2022-06072 Rulings and Determination Letters, 16314-16315 2022-06029 Volunteer Income Tax Assistance and Tax Counseling for the Elderly Volunteer Program, 16315 2022-06030 Meetings:

Financial Research Advisory Committee, 16316 2022-05991 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certificate of Registration, 16219-16220 2022-06024 Unified Unified Carrier Registration Plan NOTICES Meetings; Sunshine Act, 16316-16317 2022-06137 Veteran Affairs Veterans Affairs Department RULES Staff Sergeant Parker Gordon Fox Suicide Prevention Grant Program; Correction, 16101 2022-05849 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 16320-16363 2022-05326 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 55 Tuesday, March 22, 2022 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 185 RIN 3206-AN39 Program Fraud Civil Remedies: Civil Monetary Penalty Inflation Adjustment AGENCY: Office of Personnel Management (OPM).

ACTION: Final rule. SUMMARY: This rule adjusts the level of civil monetary penalties contained in U.S. Office of Personnel Management regulations implementing the Program Fraud Civil Remedies Act of 1986, in accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and Office of Management and Budget guidance. DATES: Effective April 21, 2022. FOR FURTHER INFORMATION CONTACT: Valerie Dew, Office of the General Counsel, Office of Personnel Management, 1900 E St.

NW, Washington, DC 20415, *Valerie.Dew@opm.gov,*

(202)606-1700. SUPPLEMENTARY INFORMATION: I. Background On November 2, 2015, the President signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec. 701 of Pub. L. 114-74, 28 U.S.C. 2461 note) (“the Act”). The Act required agencies to:

(1)Adjust the level of civil monetary penalties with an initial “catch-up” adjustment through an interim final rulemaking, and

(2)make subsequent annual adjustments for inflation. The purpose of these adjustments is to maintain the deterrent effect of civil penalties. OPM has updated the agency's monetary penalties on four occasions since the passage of the 2015 Act. This rule takes into account adjustment for the year 2021 based on inflation for that year. These calculations were made based on guidance contained in Office of Management and Budget Memorandum M-21-10: CFR citation Description of the penalty 2020 Adjusted penalty 2021 Inflation adjustment 5 CFR 185.103(a) Civil Penalty for False Claims $11,665 $11,803 5 CFR 185.103(f)(2) Civil Penalty for False Statements 11,665 11,803 Finally, this rule makes an additional adjustment for the year 2022 based on inflation for that year. These calculations were made based on guidance contained in Office of Management and Budget Memorandum M-22-07: CFR citation Description of the penalty 2021 Adjusted penalty 2022 Inflation adjustment 5 CFR 185.103(a) Civil Penalty for False Claims $11,803 $12,537 5 CFR 185.103(f)(2) Civil Penalty for False Statements 11,803 12,537 This final rule is being issued without prior public notice or opportunity for public comments. The 2015 Act's amendments to the Inflation Adjustment Act required the agency to adjust penalties initially through an interim final rulemaking, which did not require the agency to complete a notice and comment process prior to promulgating the interim final rule. The amendments also explicitly required 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). The formula used for adjusting the amount of civil penalties is given by statute, with no discretion provided to OPM regarding the computation of the adjustments. OPM is charged only with performing ministerial computations to determine the amount of adjustment to the civil penalties due to increases in the Consumer Price Index for all Urban Consumers (CPI-U). II. Calculation of Adjustment The Office of Management and Budget

(OMB)issues guidance annually on calculating adjustments. Under this guidance, OPM has identified applicable civil monetary penalties and calculated the annual adjustment. A civil monetary penalty is any assessment with a dollar amount that is levied for a violation of a Federal civil statute or regulation, and is assessed or enforceable through a civil action in Federal court or an administrative proceeding. A civil monetary penalty does not include a penalty levied for violation of a criminal statute, or fees for services, licenses, permits, or other regulatory review. Office of Management and Budget Memorandum M-21-10 stated that the cost-of-living multiplier for calculating adjustments in 2021 was 1.01182. OPM did not issue the final rule to implement the penalties for 2021. Therefore, the multiplier is to be applied to the 2020 level of civil monetary penalties for agencies. When OPM's 2020 penalties of $11,665 are multiplied by 1.01182, the resulting penalty amount for 2021 is $11,803. Finally, Office of Management and Budget Memorandum M-22-07 stated that the cost-of-living multiplier for calculating adjustments in 2022 was 1.06222. This multiplier is to be applied to the 2021 level of civil monetary penalties for agencies. When OPM's 2021 penalties of $11,803 are multiplied by 1.06222, the resulting penalty amount is $12,537. III. Procedural Requirements A. Regulatory Impact Analysis: Executive Order 12866, as Supplemented by Executive Order 13563 OPM, with the concurrence of the Office of Management and Budget (OMB), has determined that this is not a significant regulatory action under Executive Order 12866, as supplemented by Executive Order 13563. Therefore, no regulatory impact analysis is required. B. 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). The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 requires agencies to adjust civil penalties annually. No discretion is allowed. Thus, the RFA does not apply to this final rule. C. Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2)) This rule is not a major rule under the Small Business Regulatory Enforcement Fairness Act. This rule:

(a)Does not have an annual effect on the economy of $100 million or more.

(b)Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions.

(c)Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreign-based enterprises. D. Unfunded Mandate Reform Act of 1995 (2 U.S.C. 1532) This rule does not involve a Federal mandate that may result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100 million or more and that such rulemaking will not significantly or uniquely affect small governments. E. E.O. 12630, Takings. This rule does not have takings implications. F. E.O. 13132, Federalism This rule does not have federalism implications. The rule does not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. G. E.O. 12988, Civil Justice Reform This rule complies with the requirements of E.O. 12988. Specifically, this rule:

(a)Does not unduly burden the judicial system.

(b)Meets the criteria of section 3(a) requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and

(c)Meets the criteria of section 3(b)(2) requiring that all regulations be written in clear language and contain clear legal standards. H. E.O. 13175, Consultation With Indian Tribes In accordance with Executive Order 13175, OPM has evaluated this rule and determined that it has no tribal implications. I. Paperwork Reduction Act This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13. List of Subjects in 5 CFR Part 185 Program fraud civil remedies, Claims, Penalties, Basis for civil penalties and assessments. Office of Personnel Management. Alexys Stanley, Regulatory Affairs Analyst. For the reasons set forth in the preamble, OPM amends part 185 of title 5 of the Code of Federal Regulations as follows: PART 185—PROGRAM FRAUD CIVIL REMEDIES: CIVIL MONETARY PENALTY INFLATION ADJUSTMENT 1. The authority citation for part 185 continues to read: Authority: 28 U.S.C. 2461 note; 31 U.S.C. 3801-3812. § 185.103 [Amended] 2. Section 185.103 is amended in paragraphs

(a)introductory text and (f)(2) by revising “$11,665” to read “$12,537”. [FR Doc. 2022-05700 Filed 3-21-22; 8:45 am]

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