8948 Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Rules and Regulations 

As mentioned earlier, the ABLA 

contains a maximum civil monetary 

penalty. For such penalties, section 5 of 

the Inflation Adjustment Act indicates 

that the inflation adjustment is 

determined by increasing the maximum 

penalty by the cost-of-living adjustment. 

The cost-of-living adjustment means the 

percentage increase (if any) between the 

Consumer Price Index for all-urban 

consumers (CPI–U) for the October 

preceding the date of the adjustment 

and the prior year’s October CPI–U. 

The CPI–U in October 2020 was 

260.388, and the CPI–U in October 2021 

was 276.589. The rate of inflation 

between October 2020 and October 2021 

was therefore 6.222 percent. When 

applied to the current ABLA penalty of 

$21,633, this rate of inflation yields a 

raw (unrounded) inflation adjustment of 

$1,346.00526. Rounded to the nearest 

dollar, the inflation adjustment is 

$1,346, meaning that the new maximum 

civil penalty for violations of the ABLA 

will be $22,979. 

The new maximum civil penalty will 

apply to all penalties that are assessed 

after February 17, 2022. TTB also will 

update its web page at https://

www.ttb.gov/regulation_guidance/ 

ablapenalty.html to reflect the adjusted 

penalty. 

Dated: February 10, 2022. 

Amy R. Greenberg, 

Director, Regulations and Rulings Division. 

[FR Doc. 2022–03410 Filed 2–16–22; 8:45 am] 

BILLING CODE 4810–31–P 

OCCUPATIONAL SAFETY AND 

HEALTH REVIEW COMMISSION 

29 CFR Part 2200 

Rules of Procedure; Technical 

Amendments 

AGENCY: Occupational Safety and Health 

Review Commission. 

ACTION: Technical amendments. 

SUMMARY: This document makes 

technical amendments to the final rule 

published by the Occupational Safety 

and Health Review Commission in the 

Federal Register on April 10, 2019, and 

corrected on August 30, 2019, October 

4, 2019, and October 15, 2020. That rule 

revised the procedural rules governing 

practice before the Occupational Safety 

and Health Review Commission 

(OSHRC). 

DATES: Effective on February 17, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Natalie Huls-Simpson, AttorneyAdvisor, Office of the General Counsel, 

by telephone at (202) 606–5410, by 

email at nhuls@oshrc.gov, or by mail at: 

1120 20th Street NW, Ninth Floor, 

Washington, DC 20036–3457. 

SUPPLEMENTARY INFORMATION: OSHRC 

published revisions to its rules of 

procedure in the Federal Register on 

April 10, 2019 (84 FR 14554), and 

published corrections on August 30, 

2019 (84 FR 45654), October 4, 2019 (84 

FR 53052), and October 15, 2020 (85 FR 

65220). This document makes further 

technical amendments to the final rule. 

List of Subjects in 29 CFR Part 2200 

Administrative practice and 

procedure, Hearing and appeal 

procedures. 

Accordingly, 29 CFR part 2200 is 

amended by making the following 

technical amendments: 

PART 2200—RULES OF PROCEDURE 

■ 1. The authority citation for part 2200 

continues to read as follows: 

Authority: 29 U.S.C. 661(g), unless 

otherwise noted. 

Section 2200.96 is also issued under 28 

U.S.C. 2112(a). 

■ 2. Revise § 2200.3 to read as follows: 

§ 2200.3 Use of number. 

Words importing the singular number 

may extend and be applied to the plural 

and vice versa. 

■ 3. Amend § 2200.4 by revising 

paragraph (a)(6)(i) and adding paragraph 

(a)(7) to read as follows: 

§ 2200.4 Computing time. 

(a) * * * 

(6) * * * 

(i) The day set aside by statute for 

observing New Year’s Day, Martin 

Luther King Jr.’s Birthday, Washington’s 

Birthday, Memorial Day, Juneteenth 

National Independence Day, 

Independence Day, Labor Day, 

Columbus Day, Veterans’ Day, 

Thanksgiving Day, or Christmas Day; 

and, 

* * * * * 

(7) Computation examples. (i) If a 

judge orders that a document is due in 

40 days, count every calendar day 

starting the day after that order (day 1) 

until reaching day 40 (due date). If the 

receiving Commission office is closed 

on day 40 (such as on a Saturday, 

Sunday, or Federal holiday), the 

document would be due the next day 

the office is open. In other words, if day 

40 falls on a Saturday, and the following 

Monday is a Federal holiday, the 

document would be due on Tuesday, 

the day after the holiday. 

(ii) If a judge orders that a document 

is due 14 days before a hearing, count 

backwards starting the day before the 

hearing (day 1) until reaching day 14. If 

the receiving Commission office is 

closed on day 14 (such as on a Saturday, 

Sunday, or Federal holiday), the 

document would be due on the last day 

the office is open before the Saturday, 

Sunday, or Federal holiday. In other 

words, if day 14 falls on a Sunday, and 

the Friday before is a Federal holiday, 

the document would be due on 

Thursday, the day before the holiday. 

* * * * * 

■ 4. Amend § 2200.6 by revising the first 

sentence of paragraph (a) to read as 

follows: 

§ 2200.6 Record address. 

(a) Every pleading or document filed 

by any party or intervenor shall contain 

the name, current address, telephone 

number, and email address of the party 

or intervenor’s representative or, if there 

is no representative, the party or 

intervenor’s own name, current address, 

telephone number, and email address. 

* * * 

* * * * * 

■ 5. Amend § 2200.7 by revising 

paragraph (h) to read as follows: 

§ 2200.7 Service, notice, and posting. 

* * * * * 

(h) Special service requirements; 

authorized employee representatives. 

The authorized employee 

representative, if any, shall be served by 

the employer with the notice set forth in 

paragraph (g) of this section and with a 

copy of the notice of contest or petition 

for modification of the abatement 

period. 

* * * * * 

■ 6. Amend § 2200.8 by: 

■ a. Revising the last sentence of 

paragraph (c)(1); 

■ b. Adding a sentence to the end of 

paragraph (c)(2); and 

■ c. Revising paragraph (d)(1) and the 

first sentence of paragraph (d)(5). 

The revisions and addition read as 

follows: 

§ 2200.8 Filing. 

* * * * * 

(c) * * * 

(1) * * * Documents may not be filed 

with the Commission or the Judge via 

email, unless allowed under paragraph 

(d)(1) of this section. 

(2) * * * Documents may not be filed 

with the Commission or the Judge via 

email, unless allowed under paragraph 

(d)(1) of this section. 

* * * * * 

(d) * * * 

(1) How to file. Documents may be 

filed by postage-prepaid first class or 


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Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Rules and Regulations 8949 

higher class U.S. Mail, commercial 

delivery service, personal delivery, or 

facsimile transmission. Only documents 

exempt from e-filing under paragraph 

(c)(5) of this section may be filed by 

email. 

* * * * * 

(5) Sensitive information. Unless the 

Commission or the Judge orders 

otherwise, in any filing with the 

Commission, information that is 

sensitive but not privileged (e.g., Social 

Security numbers, driver’s license 

numbers, passport numbers, taxpayeridentification numbers, birthdates, 

mother’s maiden names, names of 

minors, an individual’s physical 

personal address, financial account 

numbers) shall be redacted. * * * 

* * * * * 

■ 7. Amend § 2200.32 by revising the 

third sentence to read as follows: 

§ 2200.32 Signing of pleadings and 

motions. 

* * * The signature of a 

representative or party also constitutes a 

certificate by the representative or party 

that the representative or party has read 

the pleading, motion, or other 

document, that to the best of the 

representative’s or party’s knowledge, 

information, and belief, formed after 

reasonable inquiry, it is well grounded 

in fact and is warranted by existing law 

or a good faith argument for the 

extension, modification, or reversal of 

existing law, and that it is not included 

for any improper purpose, such as to 

harass or to cause unnecessary delay or 

needless increase in the cost of 

litigation. * * * 

■ 8. Amend § 2200.37 by revising 

paragraph (d)(3) to read as follows: 

§ 2200.37 Petitions for modification of the 

abatement period. 

* * * * * 

(d) * * * 

(3) An employer petitioning for a 

modification of the abatement period 

shall have the burden of proving in 

accordance with the requirements of 

section 10(c) of the Act, 29 U.S.C. 

659(c), that such employer has made a 

good faith effort to comply with the 

abatement requirements of the citation 

and that abatement has not been 

completed because of factors beyond the 

employer’s reasonable control. 

* * * * * 

■ 9. Amend § 2200.68 by revising 

paragraphs (a) and (b) and the first 

sentence of paragraph (d) to read as 

follows: 

§ 2200.68 Recusal of the Judge. 

(a) Discretionary recusal. A Judge may 

recuse themself from a proceeding 

whenever the Judge deems it 

appropriate. 

(b) Mandatory recusal. A Judge shall 

recuse themself under circumstances 

that would require disqualification of a 

Federal judge under Canon 3(C) of the 

Code of Conduct for United States 

Judges, except that the required recusal 

may be set aside under the conditions 

specified by Canon 3(D). 

* * * * * 

(d) Ruling on request. If the Judge 

finds that a request for recusal has been 

filed with due diligence and that the 

material filed in support of the request 

establishes that recusal either is 

appropriate under paragraph (a) of this 

section or is required under paragraph 

(b) of this section, the Judge shall recuse 

themself from the proceeding. * * * 

■ 10. Amend § 2200.70 by revising the 

last sentence of paragraph (f) to read as 

follows: 

§ 2200.70 Exhibits. 

* * * * * 

(f) * * * Any person granted custody 

of an exhibit shall inform the Executive 

Secretary of the status every 6 months 

(e.g., 6 months after January 15 would 

be July 15) of the person’s continuing 

need for the exhibit and return the 

exhibit after completion of the 

proceeding. 

* * * * * 

■ 11. Amend § 2200.120 by revising the 

first sentence of paragraph (b)(1) and 

paragraph (d)(1) to read as follows: 

§ 2200.120 Settlement procedure. 

* * * * * 

(b) * * * 

(1) Applicability. Mandatory 

settlement applies only to notices of 

contest by employers in which the 

aggregate amount of the penalties sought 

by the Secretary is $205,000 or greater. 

* * * 

* * * * * 

(d) * * * 

(1) General. The Settlement Judge 

shall convene and preside over 

conferences between the parties. The 

Settlement Judge shall designate the 

time, place, and nature of the 

conference. 

* * * * * 

Cynthia L. Attwood, 

Chairman. 

Amanda Wood Laihow, 

Commissioner. 

[FR Doc. 2022–03479 Filed 2–16–22; 8:45 am] 

BILLING CODE 7600–01–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 7 

[NPS–SACN–32920; PPMWMWROW2/ 

PMP00UP05.YP0000] 

RIN 1024–AE64 

St. Croix National Scenic Riverway, 

Bicycling 

AGENCY: National Park Service, Interior. 

ACTION: Final rule. 

SUMMARY: The National Park Service 

amends the special regulations for St. 

Croix National Scenic Riverway to allow 

bicycle use on a 0.25-mile connector 

trail across National Park Service land 

near Cable, Wisconsin. The new trail 

will provide direct access to the 

Riverway and new recreational 

opportunities within the Riverway and 

on the Chequamegon Area Mountain 

Bike Association trail network in 

Bayfield County, Wisconsin. National 

Park Service regulations require 

promulgation of a special regulation to 

designate new trails for bicycle use off 

park roads and outside of developed 

areas. 

DATES: This rule is effective on March 

21, 2022. 

ADDRESSES: 

Docket: For access to the docket to 

read comments received, go to 

www.regulations.gov and search for 

Docket ID: NPS–2021–0002. 

Document Availability: The Cable 

Connector Trail Environmental 

Assessment, Finding of No Significant 

Impact, and Written Determination 

provide information and context for this 

rule and are available online at https:// 

parkplanning.nps.gov/sacn by clicking 

the link entitled ‘‘Cable Connector 

Trail’’ and then clicking the link 

entitled ‘‘Document List.’’ 

FOR FURTHER INFORMATION CONTACT: Lisa 

Yager, Chief of Resource Stewardship 

and Education, St. Croix National 

Scenic Riverway; (715) 483–2290; Lisa_

Yager@nps.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Namekagon and St. Croix Rivers 

flow through some of the most scenic 

and least developed country in the 

Upper Midwest. The free-flowing 

character and exceptional water quality 

of these waterways serve as a unique 

ecological corridor in northwest 

Wisconsin and eastern Minnesota that 

sustains a diversity of aquatic and 

terrestrial wildlife and habitats. 


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