Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Rules and Regulations 2725 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action 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. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by March 21, 2022. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed and 

shall not postpone the effectiveness of 

such rule or action. This action 

approving Delaware’s emissions 

statement certification for the 2015 

ozone NAAQS may not be challenged 

later in proceedings to enforce its 

requirements. (See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: January 10, 2022. 

Diana Esher, 

Acting Regional Administrator, Region III. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart I—Delaware 

■ 2. In § 52.420, the table in paragraph 

(e) is amended by adding an entry for 

‘‘Emissions Statement Certification for 

the 2015 Ozone National Ambient Air 

Quality Standard’’ at the end of the table 

to read as follows: 

§ 52.420 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory 

SIP revision Applicable geographic area 

State 

submittal 

date 

EPA approval date Additional 

explanation 

*******

Emissions Statement Certification for the 2015 Ozone 

National Ambient Air Quality Standard.

Delaware’s portion of the Philadelphia-Wilmington-Atlantic 

City, PA-NJ-MD-DE 2015 

ozone NAAQS nonattainment area (i.e., New Castle 

County).

8/3/20 1/19/2022, [insert Federal Register citation].Certification that Delaware’s SIP-approved regulations under 7 DE Administrative Code 1117 Section 7.0 

meet the emissions statements requirements of CAA Section 

182(a)(3)(B) for the 2008 ozone 

NAAQS. 

[FR Doc. 2022–00976 Filed 1–18–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2021–0045; FRL–9331–01– 

OCSPP] 

Ethaboxam; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of ethaboxam in 

or on Brassica, leafy greens, subgroup 

4–16B and Vegetable, Brassica, head 

and stem, group 5–16. The Interregional 

Research Project Number 4 (IR–4) 

requested these tolerance actions under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA). 


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2726 Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Rules and Regulations 

DATES: This regulation is effective 

January 19, 2022. Objections and 

requests for hearings must be received 

on or before March 21, 2022, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2021–0045, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. 

Due to the public health concerns 

relating to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

closed to visitors with limited 

exceptions. The staff continues to 

provide customer service via email, 

phone, and webform. For the latest 

status information on EPA/DC services, 

docket access, visit https://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Marietta Echeverria, Acting Director, 

Registration Division (7505P), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460–0001; 

main telephone number: (703) 305– 

7090; email address: RDFRNotices@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other relatedinformation? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Office of the Federal Register’s eCFR site at https://www.ecfr.gov/ 

current/title-40. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a(g), any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2021–0045 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing and must be received 

by the Hearing Clerk on or before March 

21, 2022. Addresses for mail and hand 

delivery of objections and hearing 

requests are provided in 40 CFR 

178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2021–0045, by one of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be CBI 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at https://

www.epa.gov/dockets/where-sendcomments-epa-dockets. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at https:// 

www.epa.gov/dockets. 

II. Summary of Petitioned-For 

Tolerance 

In the Federal Register of March 22, 

2021 (86 FR 15162) (FRL–10021–44) 

EPA issued a document pursuant to 

FFDCA section 408(d)(3), 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide petition (PP 0E8871) by IR–4, 

North Carolina State University, 1730 

Varsity Drive, Venture IV, Suite 210, 

Raleigh, NC 27606. The petition 

requested to establish tolerances in 40 

CFR 180.622 for residues of the 

fungicide ethaboxam, (N-(cyano-2- 

thienylmethyl)-4-ethyl-2-(ethylamino)- 

5-thiazolecarboxamide) in or on 

Brassica, leafy greens, subgroup 4–16B 

at 7 parts per million (ppm) and 

Vegetable, Brassica, head and stem, 

group 5–16 at 3 ppm. That document 

referenced a summary of the petition 

prepared by IR–4, the petitioner, which 

is available in the docket, https://

www.regulations.gov. There were no 

comments received in response to the 

notice of filing. 

III. Aggregate Risk Assessment and 

Determination of Safety 

Section 408(b)(2)(A)(i) of FFDCA 

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings but does not include 

occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue. . . . ’’ 

Consistent with FFDCA section 

408(b)(2)(D), and the factors specified 

therein, EPA has reviewed the available 

scientific data and other relevant 

information in support of this action. 

EPA has sufficient data to assess the 

hazards of and to make a determination 

on aggregate exposure for ethaboxam 

including exposure resulting from the 

tolerances established by this action. 

EPA’s assessment of exposures and risks 

associated with ethaboxam follows. 

In an effort to streamline its 

publications in the Federal Register, 


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Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Rules and Regulations 2727 

EPA is not reprinting sections that 

repeat what has been previously 

published for tolerance rulemakings of 

the same pesticide chemical. Where 

scientific information concerning a 

particular chemical remains unchanged, 

the content of those sections would not 

vary between tolerance rulemaking, and 

EPA considers referral back to those 

sections as sufficient to provide an 

explanation of the information EPA 

considered in making its safety 

determination for the new rulemaking. 

EPA has previously published 

tolerance rulemakings for ethaboxam, in 

which EPA concluded, based on the 

available information, that there is a 

reasonable certainty that no harm would 

result from aggregate exposure to 

ethaboxam and established tolerances 

for residues of that chemical. EPA is 

incorporating previously published 

sections from those rulemakings that 

remain unchanged as described further 

in this rulemaking. 

Toxicological profile. For a discussion 

of the Toxicological Profile of 

ethaboxam, see Unit III.A. of the 

ethaboxam tolerance rulemaking 

published in the Federal Register of 

August 3, 2017 (82 FR 36086) (FRL– 

9961–69). 

Toxicological points of departure/ 

Levels of concern. For a summary of the 

Toxicological Points of Departure/ 

Levels of Concern for ethaboxam used 

for human risk assessment, see Unit 

III.B. of the August 3, 2017 ethaboxam 

tolerance rulemaking. 

Exposure assessment. Much of the 

exposure assessment remains 

unchanged from the previous 

rulemaking, although the exposure 

assessment has been updated to include 

the petitioned-for tolerances based on 

the same previous assumptions of 

tolerance level residues and 100 percent 

crop treated (PCT). Additionally, the 

estimated drinking water concentration 

is the same as that used in the previous 

assessment (7.4 ppb) for the chronic 

assessment (the only dietary assessment 

needed). There are no residential uses 

for ethaboxam, therefore no short- or 

intermediate-term exposure is expected. 

For a description of the previous 

approach to and assumptions for the 

exposure assessment, please reference 

Unit III.C. of the August 3, 2017 

rulemaking. 

Safety factor for infants and children. 

EPA continues to conclude that there 

are reliable data to support the 

reduction of the Food Quality Protection 

Act (FQPA) safety factor. See Unit III.D. 

of the August 3, 2017 rulemaking for a 

discussion of the Agency’s rationale for 

that determination. 

Aggregate risks and Determination of 

safety. EPA determines whether acute 

and chronic dietary pesticide exposures 

are safe by comparing aggregate 

exposure estimates to the acute 

population adjusted dose (aPAD) and 

chronic population adjusted dose 

(cPAD). Short-, intermediate-, and 

chronic risks are evaluated by 

comparing the estimated aggregate food, 

water, and residential exposure to the 

appropriate points of departure to 

ensure that an adequate margin of 

exposure (MOE) exists. For linear cancer 

risks, EPA calculates the lifetime 

probability of acquiring cancer given the 

estimated aggregate exposure. 

An acute endpoint attributable to a 

single dose exposure was not identified; 

therefore, an acute dietary risk 

assessment was not conducted. Chronic 

dietary risks are below the Agency’s 

level of concern of 100% of the cPAD; 

they are 39% of the cPAD for children 

1 to 2 years old, the group with the 

highest estimated exposure. As the 

chronic dietary endpoint and dose are 

protective of potential cancer effects, 

ethaboxam is not expected to pose a 

dietary or aggregate cancer risk of 

concern. 

Therefore, based on the risk 

assessments and information described 

above, EPA concludes there is a 

reasonable certainty that no harm will 

result to the general population, or to 

infants and children, from aggregate 

exposure to ethaboxam residues. More 

detailed information on this action can 

be found in the document entitled, 

‘‘Ethaboxam. Human Health Risk 

Assessment for the Proposed New Uses 

on Brassica Head and Stem Vegetable 

Crop Group 5–16 and Brassica Leafy 

Greens Crop Subgroup 4–16B’’ by going 

to the docket established by this action, 

EPA–HQ–OPP–2021–0045. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

For a discussion of the available 

analytical enforcement method, see Unit 

IV.A. of the August 3, 2017 rulemaking. 

B. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

required by FFDCA section 408(b)(4). 

Codex does not have established 

MRLs for ethaboxam in commodities 

that are members of subgroup 4–16B or 

group 5–16. 

V. Conclusion 

Therefore, tolerances are established 

for residues of ethaboxam in or on 

Brassica, leafy greens, subgroup 4–16B 

at 7 ppm and Vegetable, Brassica, head 

and stem, group 5–16 at 3 ppm. 

VI. Statutory and Executive Order 

Reviews 

This action establishes tolerances 

under FFDCA section 408(d) in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this action 

has been exempted from review under 

Executive Order 12866, this action is 

not subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001), or to 

Executive Order 13045, entitled 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997). 

This action does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA) (44 U.S.C. 3501 et 

seq.), nor does it require any special 

considerations under Executive Order 

12898, entitled ‘‘Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerances in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or Tribes, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or Tribal Governments, on the 

relationship between the National 

Government and the States or Tribal 

Governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

Tribes. Thus, the Agency has 


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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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