2728 Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Rules and Regulations 

determined that Executive Order 13132, 

entitled ‘‘Federalism’’ (64 FR 43255, 

August 10, 1999) and Executive Order 

13175, entitled ‘‘Consultation and 

Coordination with Indian Tribal 

Governments’’ (65 FR 67249, November 

9, 2000) do not apply to this action. In 

addition, this action does not impose 

any enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act (UMRA) (2 U.S.C. 1501 et 

seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides, 

and pests, Reporting and recordkeeping 

requirements. 

Dated: December 29, 2021. 

Daniel Rosenblatt, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter 1 as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Amend § 180.622, by adding in 

alphabetical order to table 1 to 

paragraph (a) the entries ‘‘Brassica, leafy 

greens, subgroup 4–16B’’ and 

‘‘Vegetable, Brassica, head and stem, 

group 5–16’’ to read as follows: 

§ 180.622 Ethaboxam; tolerances for 

residues. 

(a) * * * 

TABLE 1 TO PARAGRAPH (a) 

Commodity Parts per 

million 

* * * * * 

Brassica, leafy greens, subgroup 4–16B 7 

* * * * * 

Vegetable, Brassica, head and stem, 

group 5–16 ........................................... 3 

* * * * * 

[FR Doc. 2022–00854 Filed 1–18–22; 8:45 am] 

BILLING CODE 6560–50–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

45 CFR Parts 1230 and 2554 

RIN 3045–AA82 

Annual Civil Monetary Penalties 

Inflation Adjustment 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Final rule. 

SUMMARY: The Corporation for National 

and Community Service (operating as 

AmeriCorps) is updating its regulations 

to reflect required annual inflationrelated increases to the civil monetary 

penalties under the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (Act) and 

Office of Management and Budget 

(OMB) guidance. 

DATES: This rule is effective January 19, 

2022. 

FOR FURTHER INFORMATION CONTACT: 

Kiara Rhodes, Office of General 

Counsel, at PublicComments@cns.gov or 

at 202–937–6965. 

SUPPLEMENTARY INFORMATION: 

I. Background 

AmeriCorps, the operating name for 

Corporation for National and 

Community Service, is a Federal agency 

that engages millions of Americans in 

service. AmeriCorps members and 

AmeriCorps Seniors volunteers serve 

directly with nonprofit organizations to 

tackle our Nation’s most pressing 

challenges. For more information, visit 

americorps.gov. 

AmeriCorps has two civil monetary 

penalties in its regulations. A civil 

monetary penalty under the Act is a 

penalty, fine, or other sanction that: (1) 

Is for a specific monetary amount as 

provided by Federal law or has a 

maximum amount provided for by 

Federal law; and (2) is assessed or 

enforced by an agency pursuant to 

Federal law; and (3) is assessed or 

enforced pursuant to an administrative 

proceeding or a civil action in the 

Federal courts. (See 28 U.S.C. 2461 

note). 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. 

The Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (Sec. 701 of Pub. L. 114–74) (the 

‘‘Act’’) requires agencies to adjust their 

civil monetary penalties for inflation 

annually. This rule updates 

AmeriCorps’ two civil penalties for 

inflation. 

II. Method of Calculation 

The inflation adjustment for each 

applicable civil monetary penalty is 

determined using the percent increase 

in the Consumer Price Index for all 

Urban Consumers (CPI–U) for the month 

of October of the year in which the 

amount of each civil money penalty was 

most recently established or modified. 

See December 15, 2021, OMB Memo for 

the Heads of Executive Departments and 

Agencies, M–22–07, Implementation of 

Penalty Inflation Adjustments for 2022, 

Pursuant to the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015. The cost-of-living 

adjustment multiplier for 2022, based 

on the CPI–U for the month of October 

2021, not seasonally adjusted, is 

1.06222. 

The agency identified two civil 

penalties in its regulations: (1) The 

penalty associated with Restrictions on 

Lobbying (45 CFR 1230.400) and (2) the 

penalty associated with the Program 

Fraud Civil Remedies Act (45 CFR 

2554.1): 

• The civil monetary penalties related 

to Restrictions on Lobbying (45 CFR 

1230.400) range from $20,732 to 

$207,313. Using the 2022 multiplier, the 

new range of possible civil monetary 

penalties is from $22,022 to $220,212. 

• The Program Fraud Civil Remedies 

Act of 1986 (45 CFR 2554.1) civil 

monetary penalty has an upper limit of 

$11,803. Using the 2022 multiplier, the 

new upper limit of the civil monetary 

penalty is $12,537. 

III. Summary of Final Rule 

This final rule adjusts the civil 

monetary penalty amounts related to 

Restrictions on Lobbying (45 CFR 

1230.400) and the Program Fraud Civil 

Remedies Act of 1986 (45 CFR 2554.1). 

The range of civil monetary penalties 

related to Restrictions on Lobbying 

increase from ‘‘$20,732 to $207,313’’ to 

‘‘$22,022 to $220,212.’’ The civil 

monetary penalties for the Program 

Fraud Civil Remedies Act of 1986 


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Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Rules and Regulations 2729 

increase from ‘‘up to $11,803’’ to ‘‘up to 

$12,537.’’ 

IV. Regulatory Procedures 

A. Determination of Good Cause for 

Publication Without Notice and 

Comment and With an Immediate 

Effective Date 

Section 553(b) of the Administrative 

Procedure Act (APA) (5 U.S.C. 553) 

provides that, when an agency for good 

cause finds that notice and public 

comment procedures are impracticable, 

unnecessary, or contrary to the public 

interest, then the agency may issue a 

rule without providing notice and an 

opportunity for prior public comment. 

The agency finds that there is good 

cause to except this rule from the public 

notice and comment provisions of the 

APA in this case. Because the Federal 

Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015 requires the 

agency to update its regulations based 

on a prescribed formula, the agency has 

no discretion in the nature or amount of 

the change to the civil monetary 

penalties to reflect any views or 

suggestions provided by commenters. 

Accordingly, it would serve no purpose 

to provide an opportunity for public 

comment on this rule prior to 

promulgation. Thus, providing for 

notice and public comment is 

impracticable and unnecessary. 

Additionally, it would not be possible to 

meet the deadlines imposed by the Act 

if we were to first publish a proposed 

rule, allow the public sufficient time to 

submit comments, analyze the 

comments, and publish a final rule. 

Therefore, notice and comment for these 

proscribed updates is impracticable and 

unnecessary. 

Furthermore, the agency finds under 

section 553(d)(3) of the APA that good 

cause exists to make this final rule 

effective immediately upon publication 

in the Federal Register. In the Act, 

Congress expressly required Federal 

agencies to publish annual inflation 

adjustments to civil penalties in the 

Federal Register by January 15 of each 

year, notwithstanding section 553 of the 

APA. Under the statutory framework 

and OMB guidance, the new penalty 

levels take effect immediately upon the 

effective date of the adjustment. The 

statutory deadline does not allow time 

to delay this rule’s effective date beyond 

publication. Moreover, an effective date 

after January 15 would delay 

application of the new penalty levels, 

contrary to Congress’s intent. 

Accordingly, we are issuing the 

annual adjustments as a final rule 

without prior notice or an opportunity 

for comment and with an effective date 

immediately upon publication in the 

Federal Register. 

B. Review Under Procedural Statutes 

and Executive Orders 

The agency has determined that 

making technical changes to the amount 

of civil monetary penalties in its 

regulations does not trigger any 

requirements under procedural statutes 

and Executive orders that govern 

rulemaking procedures. 

List of Subjects 

45 CFR Part 1230 

Government contracts, Grant 

programs, Loan programs, Lobbying, 

Penalties, Reporting and recordkeeping 

requirements. 

45 CFR Part 2554 

Claims, Fraud, Organization and 

functions (Government agencies), 

Penalties. 

For the reasons discussed in the 

preamble, under the authority of 42 

U.S.C. 12651c(c), the Corporation for 

National and Community Service 

amends chapters XII and XXV, title 45 

of the Code of Federal Regulations as 

follows: 

PART 1230—NEW RESTRICTIONS ON 

LOBBYING 

■ 1. The authority citation for part 1230 

continues to read as follows: 

Authority: Section 319, Pub. L. 101–121 

(31 U.S.C. 1352); Pub. L. 93–113; 42 U.S.C. 

4951, et seq.; 42 U.S.C. 5060. 

§ 1230.400 [Amended] 

■ 2. Amend § 1230.400 by: 

■ a. In paragraphs (a), (b), and (e), 

removing ‘‘$20,732’’ and adding, in its 

place, ‘‘$22,022’’ each place it appears. 

■ b. In paragraphs (a), (b), and (e), 

removing ‘‘$207,313’’ and adding, in its 

place, ‘‘$220,212’’ each place it appears. 

Appendix A to Part 1230 [Amended] 

■ 3. Amend appendix A to part 1230 by: 

■ a. Removing ‘‘$20,732’’ and adding, in 

its place, ‘‘$22,022’’ each place it 

appears. 

■ b. Removing ‘‘$207,313’’ and adding, 

in its place, ‘‘$220,212’’ each place it 

appears. 

PART 2554—PROGRAM FRAUD CIVIL 

REMEDIES ACT REGULATIONS 

■ 4. The authority citation for part 2554 

continues to read as follows: 

Authority: Pub. L. 99–509, Secs. 6101– 

6104, 100 Stat. 1874 (31 U.S.C. 3801–3812); 

42 U.S.C. 12651c–12651d. 

§ 2554.1 [Amended] 

■ 5. Amend § 2554.1 by removing 

‘‘$11,803’’ in paragraph (b) and adding, 

in its place, ‘‘$12,537.’’ 

Dated: January 13, 2022. 

Fernando Laguarda, 

General Counsel. 

[FR Doc. 2022–00909 Filed 1–18–22; 8:45 am] 

BILLING CODE 6050–28–P 

DEPARTMENT OF COMMERCE 

National Telecommunications and 

Information Administration 

47 CFR Part 300 

[Docket Number: 220112–0011] 

RIN 0660–AA37 

Manual of Regulations and Procedures 

for Federal Radio Frequency 

Management 

AGENCY: National Telecommunications 

and Information Administration, U.S. 

Department of Commerce. 

ACTION: Final rule. 

SUMMARY: The National 

Telecommunications and Information 

Administration (NTIA) is making 

certain changes to its regulations 

relating to the public availability of the 

Manual of Regulations and Procedures 

for Federal Radio Frequency 

Management (NTIA Manual). 

Specifically, NTIA is releasing a new 

edition of the NTIA Manual, with which 

Federal agencies must comply when 

requesting use of radio frequency 

spectrum. 

DATES: Effective: January 19, 2022. The 

incorporation by reference of certain 

publications listed in the rule is 

approved by the Director of the Federal 

Register as of February 18, 2022. 

ADDRESSES: A reference copy of the 

NTIA Manual, including all revisions in 

effect, is available in the Office of 

Spectrum Management, 1401 

Constitution Avenue NW, Room 1087, 

Washington, DC 20230. 

FOR FURTHER INFORMATION CONTACT: 

Alan Frable, Office of Spectrum 

Management, at (202) 482–1670 or 

afrable@ntia.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

NTIA authorizes the U.S. 

Government’s use of radio frequency 

spectrum. 47 U.S.C. 902(b)(2)(A). As 

part of this authority, NTIA developed 

the NTIA Manual to provide further 

guidance to applicable Federal agencies 


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