Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Rules and Regulations 2065 

1 82 FR 58348. 

2 82 FR 27431. 

3OMB Memorandum M–22–07 (December 15, 

2021). 

17. On page 63917, second column, 

first full paragraph, 

a. In lines 4–5, the word ‘‘be’’ is 

inserted between ‘‘will’’ and 

‘‘included’’. 

b. In line 18, the first instance of the 

word ‘‘of’’ is corrected to read ‘‘at’’. 

18. On page 63937, first column, 

second partial paragraph, in line 23, 

remove the term ‘‘RO’’ between the 

words ‘‘that’’ and ‘‘if’’. 

19. On page 63940, second column, 

first full paragraph, in line 12, insert a 

period between the words ‘‘expires’’ and 

‘‘CMS’’. 

20. On page 63978, in Table 84, 

‘‘Estimated Impact of the CY 2022 

Changes for the Hospital Outpatient 

Prospective Payment System,’’ the row 

for ‘‘CMHCs’’ is revised to read as 

follows: 

21. On page 63979, 

a. First column, 

1. First paragraph, in line 18, ‘‘1.1 

percent’’ is corrected to read ‘‘1.6 

percent’’. 

2. Second paragraph, 

a. In line 4, ‘‘1.0 percent’’ is corrected 

to read ‘‘0.5 percent’’. 

b. In line 9, ‘‘1.4 percent’’ is corrected 

to read ‘‘1.9 percent’’. 

c. In line 12, ‘‘1.1 percent’’ is 

corrected to read ‘‘1.6 percent’’. 

22. On page 63980, first column, first 

paragraph, in line 10, ‘‘0.8552’’ is 

corrected to read ‘‘0.8546’’. 

23. On page 63987, Table 91, 

‘‘Estimates of Medicare Program Savings 

(Millions $) for Radiation Oncology 

Model (Starting January 1, 2022),’’ in the 

‘‘Total’’ column, ‘‘Part B Premium 

Revenue Offset’’ line, the figure ‘‘50’’ is 

corrected to read ‘‘40’’. 

Karuna Seshasai, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2022–00573 Filed 1–12–22; 8:45 am] 

BILLING CODE 4120–01–C 

NATIONAL FOUNDATION ON THE 

ARTS AND THE HUMANITIES 

National Endowment for the Arts 

45 CFR Parts 1149 and 1158 

RIN 3135–AA33 

Civil Penalties Adjustment for 2022 

AGENCY: National Endowment for the 

Arts, National Foundation on the Arts 

and the Humanities. 

ACTION: Final rule. 

SUMMARY: The National Endowment for 

the Arts (NEA) is adjusting the 

maximum civil monetary penalties 

(CMPs) that may be imposed for 

violations of the Program Fraud Civil 

Remedies Act (PFCRA) and the NEA’s 

Restrictions on Lobbying to reflect the 

requirements of the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (the 2015 

Act). The 2015 Act further amended the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 (the Inflation 

Adjustment Act) to improve the 

effectiveness of civil monetary penalties 

and to maintain their deterrent effect. 

This final rule provides the 2022 annual 

inflation adjustments to the initial 

‘‘catch-up’’ adjustments made on June 

15, 2017, and reflects all other inflation 

adjustments made in the interim. 

DATES: This rule is effective January 13, 

2022. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Fishman, Assistant General 

Counsel, National Endowment for the 

Arts, 400 7th St. SW, Washington, DC 

20506, Telephone: 202–682–5418. 

SUPPLEMENTARY INFORMATION: 

1. Background 

On December 12, 2017 the NEA 

issued a final rule entitled ‘‘Federal 

Civil Penalties Adjustments’’ 1 which 

finalized the NEA’s June 15, 2017 

interim final rule entitled 

‘‘Implementing the Federal Civil 

Penalties Adjustment Act Improvements 

Act’’,2 implementing the 2015 Act 

(section 701 of Pub. L. 114–74), which 

amended the Inflation Adjustment Act 

(28 U.S.C. 2461 note) requiring catch-up 

and annual adjustments to the NEA’s 

CMPs. The 2015 Act requires agencies 

make annual adjustments to its CMPs 

for inflation. 

A CMP is defined in the Inflation 

Adjustment Act as any penalty, fine, or 

other sanction that is (1) for a specific 

monetary amount as provided by 

Federal law, or has a maximum amount 

provided for by Federal law; (2) 

assessed or enforced by an agency 

pursuant to Federal law; and (3) 

assessed or enforced pursuant to an 

administrative proceeding or a civil 

action in the Federal courts. 

These annual inflation adjustments 

are based on the percentage change in 

the Consumer Price Index for all Urban 

Consumers (CPI–U) for the month of 

October preceding the date of the 

adjustment, relative to the October CPI– 

U in the year of the previous 

adjustment. The formula for the amount 

of a CMP inflation adjustment is 

prescribed by law, as explained in OMB 

Memorandum M–16–06 (February 24, 

2016), and therefore the amount of the 

adjustment is not subject to the exercise 

of discretion by the Chairman of the 

National Endowment for the Arts 

(Chairman). 

The Office of Management and Budget 

has issued guidance on implementing 

and calculating the 2022 adjustment 

under the 2015 Act.3 Per this guidance, 

the CPI–U adjustment multiplier for this 

annual adjustment is 1.06222. In its 

prior rules, the NEA identified two 

CMPs, which require adjustment: The 

penalty for false statements under the 

PFCRA and the penalty for violations of 

the NEA’s Restrictions on Lobbying. 

With this rule, the NEA is adjusting the 

amount of those CMPs accordingly. 

2. Dates of Applicability 

The inflation adjustments contained 

in this rule shall apply to any violations 

assessed after January 15, 2022. 

3. Adjustments 

Two CMPs in NEA regulations require 

adjustment in accordance with the 2015 

Act: (1) The penalty associated with the 

Program Fraud Civil Remedies Act (45 

CFR 1149.9) and (2) the penalty 

associated with Restrictions on 

Lobbying (45 CFR 1158.400; 45 CFR part 

1158, app. A). 

A. Adjustments to Penalties Under the 

NEA’s Program Fraud Civil Remedies 

Act Regulations. 

The current maximum penalty under 

the PFCRA for false claims and 

statements is currently set at $11,802. 

The post-adjustment penalty or range is 

obtained by multiplying the preadjustment penalty or range by the 

percent change in the CPI–U over the 

relevant time period and rounding to 


jspears on DSK121TN23PROD with RULES1ER13JA22.005</GPH>
2066 Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Rules and Regulations 

the nearest dollar. Between October 

2020 and October 2021, the CPI–U 

increased by a multiplier of 106.222. 

Therefore, the new post-adjustment 

maximum penalty under the PFCRA for 

false statements is $11,802 × 1.06222 = 

$12,536.32 which rounds to $12,536. 

Therefore, the maximum penalty under 

the PFCRA for false claims and 

statements will be $12,536. 

B. Adjustments to Penalties Under the 

NEA’s Restrictions on Lobbying 

Regulations 

The penalty for violations of the 

Restrictions on Lobbying is currently set 

at a range of a minimum of $20,720 and 

a maximum of $207,314. The postadjustment penalty or range is obtained 

by multiplying the pre-adjustment 

penalty or range by the percent change 

in the CPI–U over the relevant time 

period and rounding to the nearest 

dollar. Between October 2020 and 

October 2021, the CPI–U increased by a 

multiplier of 106.222. Therefore, the 

new post-adjustment minimum penalty 

under the Restrictions on Lobbying is 

$20,720 × 1.06222 = $22,009.20, which 

rounds to $22,009, and the maximum 

penalty under the Restrictions on 

Lobbying is $207,314 × 1.06222 = 

$220,213.08, which rounds to $220,213. 

Therefore, the range of penalties under 

the law on the Restrictions on Lobbying 

shall be between $22,009 and $220,213. 

Administrative Procedure Act 

Section 553 of the Administrative 

Procedure Act requires agencies to 

provide an opportunity for notice and 

comment on rulemaking and also 

requires agencies to delay a rule’s 

effective date for 30 days following the 

date of publication in the Federal 

Register unless an agency finds good 

cause to forgo these requirements. 

However, section 4(b)(2) of the 2015 Act 

requires agencies to adjust civil 

monetary penalties notwithstanding 

section 553 of the Administrative 

Procedure Act (APA) and publish 

annual inflation adjustments in the 

Federal Register. ‘‘This means that the 

public procedure the APA generally 

requires . . . is not required for agencies 

to issue regulations implementing the 

annual adjustment.’’ OMB 

Memorandum M–18–03. 

Even if the 2015 Act did not except 

this final rule from section 553 of the 

APA, the NEA has good cause to 

dispense with notice and comment. 

Section 553(b)(B), authorizes agencies to 

dispense with notice and comment 

procedures for rulemaking if the agency 

finds good cause that notice and 

comment are impracticable, 

unnecessary, or contrary to public 

interest. The annual adjustments to civil 

penalties for inflation and the method of 

calculating those adjustments are 

established by section 5 of the 2015 Act, 

as amended, leaving no discretion for 

the NEA. Accordingly, public comment 

would be impracticable because the 

NEA would be unable to consider such 

comments in the rulemaking process. 

Regulatory Planning and Review 

(Executive Order 12866) 

Executive Order 12866 (E.O. 12866) 

established a process for review of rules 

by the Office of Information and 

Regulatory Affairs, which is within the 

Office of Management and Budget 

(OMB). Only ‘‘significant’’ proposed and 

final rules are subject to review under 

this Executive Order. ‘‘Significant,’’ as 

used in E.O. 12866, means 

‘‘economically significant.’’ It refers to 

rules with (1) an impact on the economy 

of $100 million; or that (2) were 

inconsistent or interfered with an action 

taken or planned by another agency; (3) 

materially altered the budgetary impact 

of entitlements, grants, user fees, or loan 

programs; or (4) raised novel legal or 

policy issues. 

This final rule would not be a 

significant policy change and OMB has 

not reviewed this final rule under E.O. 

12866. The NEA has made the 

assessments required by E.O. 12866 and 

determined that this final rule: (1) Will 

not have an effect of $100 million or 

more on the economy; (2) will not 

adversely affect in a material way the 

economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or Tribal 

governments or communities; (3) will 

not create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; (4) does 

not alter the budgetary effects of 

entitlements, grants, user fees, or loan 

programs or the rights or obligations of 

their recipients; and (5) does not raise 

novel legal or policy issues. 

Federalism (Executive Order 13132) 

This final rule does not have 

federalism implications, as set forth in 

E.O. 13132. As used in this order, 

federalism implications mean 

‘‘substantial direct effects on the States, 

on the relationship between the 

[N]ational [G]overnment and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government.’’ The NEA has 

determined that this final rule will not 

have federalism implications within the 

meaning of E.O. 13132. 

Civil Justice Reform (Executive Order 

12988) 

This final rule meets the applicable 

standards set forth in section 3(a) and 

3(b)(2) of E.O. 12988. Specifically, this 

final rule is written in clear language 

designed to help reduce litigation. 

Indian Tribal Governments (Executive 

Order 13175) 

Under the criteria in E.O. 13175, the 

NEA has evaluated this final rule and 

determined that it would have no 

potential effects on Federally recognized 

Indian Tribes. 

Takings (Executive Order 12630) 

Under the criteria in E.O. 12630, this 

final rule does not have significant 

takings implications. Therefore, a 

takings implication assessment is not 

required. 

Regulatory Flexibility Act of 1980 (5 

U.S.C. 605(b)) 

This final rule will not have a 

significant adverse impact on a 

substantial number of small entities, 

including small businesses, small 

governmental jurisdictions, or certain 

small not-for-profit organizations. 

Paperwork Reduction Act of 1995 (44 

U.S.C., Chapter 35) 

This final rule will not impose any 

‘‘information collection’’ requirements 

under the Paperwork Reduction Act. 

Under the Act, information collection 

means the obtaining or disclosure of 

facts or opinions by or for an agency by 

10 or more nonfederal persons. 

Unfunded Mandates Act of 1995 

(Section 202, Pub. L. 104–4) 

This final rule does not contain a 

Federal mandate that will result in the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector of $100 million or more 

in any one year. 

National Environmental Policy Act of 

1969 (5 U.S.C. 804) 

The final rule will not have a 

significant effect on the human 

environment. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 (Sec. 804, Pub. L. 

104–121) 

This final rule would not be a major 

rule as defined in section 804 of the 

Small Business Regulatory Enforcement 

Fairness Act of 1996. This final rule will 

not result in an annual effect on the 

economy of $100 million or more, a 

major increase in costs or prices, 

significant adverse effects on 

competition, employment, investment, 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Rules and Regulations 2067 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreign 

based companies in domestic and 

export markets. 

E-Government Act of 2002 (44 U.S.C. 

3504) 

Section 206 of the E-Government Act 

requires agencies, to the extent 

practicable, to ensure that all 

information about that agency required 

to be published in the Federal Register 

is also published on a publicly 

accessible website. All information 

about the NEA required to be published 

in the Federal Register may be accessed 

at https://www.arts.gov. This Act also 

requires agencies to accept public 

comments on their rules ‘‘by electronic 

means.’’ See heading ‘‘Public 

Participation’’ for directions on 

electronic submission of public 

comments on this final rule. 

Finally, the E-Government Act 

requires, to the extent practicable, that 

agencies ensure that a publicly 

accessible Federal Government website 

contains electronic dockets for 

rulemakings under the Administrative 

Procedure Act of 1946 (5 U.S.C. 551 et 

seq.). Under this Act, an electronic 

docket consists of all submissions under 

section 553(c) of title 5, United States 

Code; and all other materials that by 

agency rule or practice are included in 

the rulemaking docket under section 

553(c) of title 5, United States Code, 

whether or not submitted electronically. 

The website https://

www.regulations.gov contains electronic 

dockets for the NEA’s rulemakings 

under the Administrative Procedure Act 

of 1946. 

Plain Writing Act of 2010 (5 U.S.C. 301) 

Under this Act, the term ‘‘plain 

writing’’ means writing that is clear, 

concise, well-organized, and follows 

other best practices appropriate to the 

subject or field and intended audience. 

To ensure that this final rule has been 

written in plain and clear language so 

that it can be used and understood by 

the public, the NEA has modeled the 

language of this final rule on the Federal 

Plain Language Guidelines. 

Public Participation (Executive Order 

13563) 

The NEA encourages public 

participation by ensuring its 

documentation is understandable by the 

general public, and has written this final 

rule in compliance with Executive 

Order 13563 by ensuring its 

accessibility, consistency, simplicity of 

language, and overall 

comprehensibility. 

List of Subjects in 45 CFR Parts 1149 

and 1158 

Administrative practice and 

procedure, Government contracts, Grant 

programs, Loan programs, Lobbying, 

Penalties. 

For the reasons stated in the 

preamble, the NEA amends 45 CFR 

chapter XI, subchapter B, as follows: 

PART 1149—PROGRAM FRAUD CIVIL 

REMEDIES ACT REGULATIONS 

■ 1. The authority citation for part 1149 

continues to read as follows: 

Authority: 5 U.S.C. App. 8G(a)(2); 20 

U.S.C. 959; 28 U.S.C. 2461 note; 31 U.S.C. 

3801–3812. 

§ 1149.9 [Amended] 

■ 2. Amend § 1149.9 in paragraph (a)(1) 

by removing ‘‘$11,802’’ and adding in 

its place ‘‘$12,536’’. 

PART 1158—NEW RESTRICTIONS ON 

LOBBYING 

■ 3. The authority citation for part 1158 

continues to read as follows: 

Authority: 20 U.S.C. 959; 28 U.S.C. 2461; 

31 U.S.C. 1352. 

§ 1158.400 [Amended]. 

■ 4. Amend § 1158.400 in paragraphs 

(a), (b), and (e) by: 

■ a. Removing ‘‘$20,720’’ and adding in 

its place ‘‘$22,009’’ each place it 

appears; and 

■ b. Removing ‘‘$207,314’’ and adding 

in its place ‘‘$220,213’’ each place it 

appears. 

Appendix A to Part 1158 [Amended] 

■ 5. Amend appendix A to part 1158 by: 

■ a. Removing ‘‘$20,720’’ and adding in 

its place ‘‘$22,009’’ each place it 

appears; and 

■ b. Removing ‘‘$207,314’’ and adding 

in its place ‘‘$220,213’’ each place it 

appears. 

Dated: January 10, 2022. 

Meghan Jugder, 

Support Services Specialist, Office of 

Administrative Services & Contracts, National 

Endowment for the Arts. 

[FR Doc. 2022–00599 Filed 1–12–22; 8:45 am] 

BILLING CODE 7537–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

48 CFR Parts 326 and 352 

[Docket No. O1–2012–0005] 

RIN 0917–AA18 

Acquisition Regulations: Buy Indian 

Act; Procedures for Contracting 

AGENCY: Indian Health Service (IHS), 

Department of Health and Human 

Services HHS. 

ACTION: Final rule. 

SUMMARY: The Secretary of the 

Department of Health and Human 

Services (HHS) is finalizing regulations 

guiding implementation of the Buy 

Indian Act, which provides the Indian 

Health Service (IHS) with authority to 

set-aside procurement contracts for 

Indian-owned and controlled 

businesses. This rule supplements the 

Federal Acquisition Regulations (FAR) 

and the Department of Health and 

Human Services Acquisition 

Regulations (HHSAR). 

DATES: This rule is effective March 14, 

2022. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this rule 

contact: Carl Mitchell, Director, Division 

of Regulatory Policy Coordination 

(DRPC), Office of Management Services 

(OMS), IHS, 301–443–6384, 

carl.mitchell@ihs.gov; or Santiago 

Almaraz, Acting Director, OMS, IHS 

301–443–4872, santiago.almaraz@

ihs.gov. 

SUPPLEMENTARY INFORMATION: In the 

Federal Register of November 10, 2020 

(85 FR 71596), IHS published a 

proposed rule entitled ‘‘Acquisition 

Regulations; Buy Indian Act; Procedures 

for Contracting’’ with a 60-day comment 

period. 

IHS received comments from Tribes 

and Tribal entities requesting an 

extension of the comment period due to 

the encompassing of the holiday season 

during the original comment period, as 

well as the disproportionately high 

impact of the pandemic on Indian 

Country. The commenters felt both of 

these events delayed stakeholders from 

being able to perform a complete and 

full review of the proposed rule and 

provide comments within the initial 60- 

day comment period. 

IHS concluded that it was reasonable 

to reopen and extend the comment 

period for an additional 60 days to 

allow any interested persons to submit 

comments on the proposed rule. On 

April 21, 2021, the IHS reopened and 

extended the comment period for 60 


jspears on DSK121TN23PROD with RULES1