Unknown. Final rule

2,458 words·~11 min read·/register/2022/04/19/2022-07360·

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--- schema: federal-register doc_type: fedreg source_file: FR-2022-04-19.xml --- 87 75 Tuesday, April 19, 2022 Contents Agriculture Agriculture Department See Food and Nutrition Service See Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23159-23160 2022-08333 2022-08343 Chemical Chemical Safety and Hazard Investigation Board NOTICES Meetings; Sunshine Act, 23164-23165 2022-08473 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Drug Drug Enforcement Administration NOTICES Exempt Chemical Preparations under the Controlled Substances Act, 23228-23245 2022-08300 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application Package for Strengthening Historically Black Graduate Institutions, 23169-23170 2022-08341 Applications for New Awards: Upward Bound Math and Science Program, 23170-23175 2022-08295 Employee Benefits Employee Benefits Security Administration NOTICES Exemption: Certain Prohibited Transaction Restrictions Involving Credit Suisse Group AG, Zurich, Switzerland, 23249-23264 2022-08306 Certain Prohibited Transaction Restrictions Involving Phillips 66 Co., Houston, TX, 23245-23249 2022-08305 Employment and Training Employment and Training Administration NOTICES Investigations Regarding Eligibility to Apply for Trade Adjustment Assistance, 23266-23267 2022-08307 Trade or Worker Adjustment Assistance Eligibility;

Petitions, Determinations, etc., 23264-23266 2022-08308 Energy Department Energy Department See Federal Energy Regulatory Commission Federal Aviation Federal Aviation Administration PROPOSED RULES Airspace Designations and Reporting Points: Greenville, MS, 23151-23152 2022-08279 Federal Communications Federal Communications Commission PROPOSED RULES Television Broadcasting Services: Hampton, VA, 23154-23155 2022-08342 Federal Energy Federal Energy Regulatory Commission NOTICES Meetings;

Sunshine Act, 23175-23176 2022-08471 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Mendocino, CA, 23313-23314 2022-08270 Surface Transportation Project Delivery Program and Proposed Memorandum of Understanding Assigning Environmental Responsibilities: Renewal Package; California, 23311-23313 2022-08294 Renewal Package; Florida, 23309-23311 2022-08293 Renewal Package; Utah, 23307-23309 2022-08291 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings, 23177 2022-08297 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 23177-23181 2022-08330 Food and Drug Food and Drug Administration NOTICES Final Debarment Order: Yvelice Villaman-Bencosme, 23184-23185 2022-08302 Guidance: Evaluating the Public Health Importance of Food Allergens other than the Major Food Allergens Listed in the Federal Food, Drug, and Cosmetic Act, 23181-23184 2022-08303 Withdrawal of Approval of Drug Application: Fresenius Kabi USA, LLC, et al.; Correction, 23184 2022-08299 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Uniform Grant Application Package for Discretionary Grant Programs, 23160-23164 2022-08320 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Actions, 23319-23320 2022-08317 2022-08323 Foreign Trade Foreign-Trade Zones Board NOTICES Application for Subzone: Gonzalez Trading, LLC, Foreign-Trade Zone 61, San Juan, PR, 23165 2022-08331 Proposed Production Activity: CoLinx, LLC (Spherical Roller Bearing Kits), Foreign-Trade Zone 148, Knoxville, TN, 23165 2022-08322 Geological Geological Survey NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Wildlife Morbidity/Mortality or Disease Surveillance Event Reporting, 23228 2022-08274 Health and Human Health and Human Services Department See Food and Drug Administration See Substance Abuse and Mental Health Services Administration NOTICES Meetings: President's Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders, 23185-23186 2022-08118 Homeland Homeland Security Department See U.S. Citizenship and Immigration Services See U.S.

Immigration and Customs Enforcement Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Manufactured Housing Installation Program Reporting Requirements, 23227-23228 2022-08336 Mortgagee Review Board: Administrative Actions, 23218-23227 2022-08340 Interior Interior Department See Geological Survey Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23321-23325 2022-08296 2022-08324 2022-08325 2022-08326 2022-08327 2022-08328 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Conduit Arrangements, 23320-23321 2022-08315 Obligations Principally Secured by an Interest in Real Property, 23323 2022-08329 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Polyethylene Retail Carrier Bags from the People’s Republic of China, 23165-23167 2022-08347 Justice Department Justice Department See Drug Enforcement Administration Labor Department Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Labor Statistics Bureau See Occupational Safety and Health Administration Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 23267-23268 2022-08309 NASA National Aeronautics and Space Administration RULES Implementation of the Federal Civil Penalties Inflation Adjustment Act and Adjustment of Amounts for 2022, 23107-23108 2022-07360 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 23270 2022-08413 National Highway National Highway Traffic Safety Administration RULES Vehicle Identification Number Requirements: Manufacturer Identification;

Certification; Replica Motor Vehicles; Importation of Vehicles and Equipment Subject to Federal Safety, Bumper, and Theft Prevention Standards; Correction, 23110-23111 2022-08289 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Investigation-Based Crash Data Studies, 23314-23318 2022-08275 National Institute National Institute of Standards and Technology NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Malcolm Baldrige National Quality Award and Examiner Applications, 23167-23168 2022-08338 Meetings: National Artificial Intelligence Advisory Committee, 23168-23169 2022-08319 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Comprehensive Ecosystem-Based Amendment 2 for the South Atlantic Region; Correction, 23148-23150 2022-08057 List of Fisheries, 23122-23148 2022-08210 Taking or Importing of Marine Mammals:

Russian River Estuary Management Activities, 23111-23122 2022-08346 PROPOSED RULES Pacific Halibut Fisheries: Catch Sharing Plan, 23155-23158 2022-08278 NOTICES Endangered and Threatened Species: Take of Anadromous Fish; Correction, 23169 2022-08337 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 23270 2022-08442 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Classification Record, 23277-23278 2022-08280 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations, 23270-23277 2022-08287 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Occupational Safety and Health State Plans, 23268-23270 2022-08310 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Meetings:

Lithium Battery Air Safety Advisory Committee, 23318-23319 2022-08335 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 23279 2022-08339 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23164 2022-08277 Securities Securities and Exchange Commission RULES Adoption of Updated Electronic Data Gathering, Analysis, and Retrieval System Filer Manual, 23108-23110 2022-08232 NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 23287, 23291-23296 2022-08283 2022-08334 Long-Term Stock Exchange, Inc., 23283-23287 2022-08282 Nasdaq BX, Inc., 23287-23291 2022-08284 Nasdaq PHLX, LLC, 23279-23283 2022-08285 National Securities Clearing Corp., 23328-23370, 23372-23417 2022-08170 2022-08171 New York Stock Exchange, LLC, 23300-23306 2022-08281 The Nasdaq Stock Market, LLC, 23296-23299 2022-08286 State Department State Department NOTICES Biennial Review under the United States-Singapore Memorandum of Intent on Environmental Cooperation, 23306-23307 2022-08290 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 23186-23189 2022-08298 2022-08301 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Designation: Sudan for Temporary Protected Status, 23202-23210 2022-08363 Ukraine for Temporary Protected Status, 23211-23218 2022-08390 Immigration U.S.

Immigration and Customs Enforcement NOTICES Employment Authorization: Sudanese F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Crisis in Sudan, 23195-23202 2022-08362 Ukrainian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Ongoing Armed Conflict in Ukraine, 23189-23195 2022-08357 Veteran Affairs Veterans Affairs Department PROPOSED RULES Loan Guaranty: Servicer Tier Ranking Procedures, 23152-23154 2022-08276 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Burial Benefits, 23325-23326 2022-08311 Separate Parts In This Issue Part II Securities and Exchange Commission, 23328-23370 2022-08171 Part III Securities and Exchange Commission, 23372-23417 2022-08170 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 75 Tuesday, April 19, 2022 Rules and Regulations NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 14 CFR Parts 1264 and 1271 RIN 2700-AE63 [Document Number NASA-22-025:

Docket Number NASA-2022-0003] Implementation of the Federal Civil Penalties Inflation Adjustment Act and Adjustment of Amounts for 2022 AGENCY: National Aeronautics and Space Administration. ACTION: Final rule. SUMMARY: The National Aeronautics and Space Administration

(NASA)has adopted a final rule making inflation adjustments to civil monetary penalties within its jurisdiction. This final rule represents the annual 2022 inflation adjustments of monetary penalties. These adjustments are required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. DATES: This final rule is effective April 19, 2022. FOR FURTHER INFORMATION CONTACT: Bryan R. Diederich, Office of the General Counsel, NASA Headquarters, telephone

(202)358-0216. SUPPLEMENTARY INFORMATION: I. Background The Inflation Adjustment Act, as amended by the 2015 Act, required Federal agencies to adjust the civil penalty amounts within their jurisdiction for inflation by July 1, 2016. Subsequent to the 2016 adjustment, Federal agencies were required to make an annual inflation adjustment by January 15 every year thereafter. 1 Under the amended Act, any increase in a civil penalty made under the Act will apply to penalties assessed after the increase takes effect, including penalties whose associated violation predated the increase. 2 The inflation adjustments mandated by the Act serve to maintain the deterrent effect of civil penalties and to promote compliance with the law. 1 *See* 28 U.S.C. 2461 note. 2 Inflation Adjustment Act section 6, *codified at* 28 U.S.C. 2461 note. Pursuant to the Act, adjustments to the civil penalties are required to be made by January 15 of each year. The annual adjustments are based on the percent change between the U.S. Department of Labor's Consumer Price Index for All Urban Consumers (“CPI-U”) for the month of October preceding the date of the adjustment and the CPI-U for October of the prior year (28 U.S.C. 2461 note, section (5)(b)(1)). Based on that formula, the cost-of-living adjustment multiplier for 2021 is 1.06222 percent. Pursuant to the 2015 Act, adjustments are rounded to the nearest dollar. II. The Final Rule This final rule makes the required adjustments to civil penalties for 2022. Applying the 2022 multiplier above, the adjustments for each penalty are summarized below. Law Penalty description 2021 Penalty Penalty adjusted for 2022 Program Fraud Civil Remedies Act of 1986 Maximum Penalties for False Claims $11,803 $12,537 Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101-121, sec. 319 Minimum Penalty for use of appropriated funds to lobby or influence certain contracts 20,731 22,021 Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101-121, sec. 319 Maximum Penalty for use of appropriated funds to lobby or influence certain contracts 207,314 220,213 Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101-121, sec. 319 Minimum penalty for failure to report certain lobbying transactions 20,731 22,021 Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101-121, sec. 319 Maximum penalty for failure to report certain lobbying transactions 207,314 220,213 This rule codifies these civil penalty amounts by amending parts 1264 and 1271 of title 14 of the CFR. III. Legal Authority and Effective Date NASA issues this rule under the Federal Civil Penalties Inflation Adjustment Act of 1990, 3 as amended by the Debt Collection Improvement Act of 1996, 4 and further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, 5 which requires NASA to adjust the civil penalties within its jurisdiction for inflation according to a statutorily prescribed formula. 3 Public Law 101-410, 104 Stat. 890 (1990). 4 Public Law 104-134, section 31001(s)(1), 110 Stat. 1321, 1321-373 (1996). 5 Public Law 114-74, section 701, 129 Stat. 584, 599 (2015). Section 553 of title 5 of the United States Code generally requires an agency to publish a rule at least 30 days before its effective date to allow for advance notice and opportunity for public comments. 6 After the initial adjustment for 2016, however, the Civil Penalties Inflation Adjustment Act requires agencies to make subsequent annual adjustments for inflation “notwithstanding section 553 of title 5, United States Code.” Moreover, the 2022 adjustments are made according to a statutory formula that does not provide for agency discretion. Accordingly, a delay in effectiveness of the 2022 adjustments is not required. 6 *See* 5 U.S.C. 533(d). IV. Regulatory Requirements Executive Orders 12866 and 13563 Executive Orders

(EOs)12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule is not a significant regulatory action under E.O. 12866 and was not reviewed by the Office of Management and Budget (OMB). Regulatory Flexibility Act Because no notice of proposed rulemaking is required, the Regulatory Flexibility Act does not require an initial or final regulatory flexibility analysis. 7 7 5 U.S.C. 603(a), 604(a). Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995, 8 NASA reviewed this final rule. No collections of information pursuant to the Paperwork Reduction Act are contained in the final rule. 8 44 U.S.C. 3506. List of Subjects in 14 CFR Parts 1264 and 1271 Claims, Lobbying, Penalties. For the reasons stated in the preamble, the National Aeronautics and Space Administration is amending 14 CFR parts 1264 and 1271 as follows: PART 1264—IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT OF 1986 1. The authority citation for part 1264 continues to read as follows: Authority: 31 U.S.C. 3809, 51 U.S.C. 20113(a). § 1264.102 [Amended] 2. In § 1264.102, remove the number “$11,803 everywhere it appears and add in its place the number “$12,537” PART 1271—NEW RESTRICTIONS ON LOBBYING 3. The authority citation for part 1271 continues to read as follows: Authority: Section 319, Pub. L. 101-121 (31 U.S.C. 1352); Pub. L. 97-258 (31 U.S.C. 6301 *et seq.* ) § 1271.400 [Amended] 4. In § 1271.400: a. In paragraphs

(a)and (b), remove the words “not less than $20,731 and not more than $207,314” and add in their place the words “not less than $22,021 and not more than $220,213.” b. In paragraph (e), remove “$20,731” wherever it appears and add in its place “$22,021” and remove “$207,314” and add in its place “$220,213.” Appendix A to Part 1271 [Amended] 5. In appendix A to part 1271: a. Remove the number “$20,731” everywhere it appears and add in its place the number “$22,021.” b. Remove the number “$207,314” everywhere it appears and add in its place the number “$220,213.” Nanette J. Smith, Team Lead for NASA Directives and Regulations. [FR Doc. 2022-07360 Filed 4-18-22; 8:45 am]

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