2350 Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations 

1Office of Management and Budget, M–22–07, 

Implementation of Penalty Inflation Adjustments 

for 2022, Pursuant to the Federal Civil Penalties 

Inflation Adjustment Act Improvements Act of 

2015, at 1 (Dec. 15, 2021) (M–22–07). 

procedures set forth in the 

Administrative Procedure Act, 5 U.S.C. 

553 (APA). The APA provides an 

exception to the notice and comment 

procedures when an agency finds there 

is good cause for dispensing with such 

procedures on the basis that they are 

impracticable, unnecessary, or contrary 

to the public interest. We have 

determined that under 5 U.S.C. 

553(b)(3)(B) good cause exists for 

dispensing with the notice of proposed 

rulemaking and public comment 

procedures for this rule. Specifically, 

this rulemaking comports and is 

consistent with the statutory authority 

set forth in the Debt Collection 

Improvement Act of 1996, with no 

issues of policy discretion. Accordingly, 

we believe that opportunity for prior 

comment is unnecessary and contrary to 

the public interest, and we are issuing 

these revised regulations as a final rule 

that will apply to all future cases under 

this authority. 

IV. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 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 is a not significant 

regulatory action and, therefore, was not 

subject to review under Section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. 

The Office of Management and Budget 

(OMB) has reviewed this final rule in 

accordance with the provisions of E.O. 

12866 and has determined that it does 

not meet the criteria for a significant 

regulatory action. As indicated above, 

the provisions contained in this final 

rulemaking set forth the inflation 

adjustments in compliance with the 

Debt Collection Improvement Act of 

1996 for specific applicable CMPs. The 

great majority of individuals, 

organizations and entities addressed 

through these regulations do not engage 

in such prohibited conduct, and as a 

result, we believe that any aggregate 

economic impact of these revised 

regulations will be minimal, affecting 

only those limited few who may engage 

in prohibited conduct in violation of the 

statute. As such, this final rule and the 

inflation adjustment contained therein 

should have no effect on Federal or state 

expenditures. 

V. Congressional Review Act 

This rule is not a major rule under 5 

U.S.C. 804(2). Subtitle E of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (codified at 5 

U.S.C. 801–808), also known as the 

Congressional Review Act or CRA, 

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. GSA 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. A major rule under the CRA 

cannot take effect until 60 days after it 

is published in the Federal Register. 

OIRA has determined that this is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

VI. Regulatory Flexibility Act 

The Administrator of General Services 

certifies that this final rule will not have 

a significant economic impact on a 

substantial number of small business 

entities. While some penalties may have 

an impact on small business entities, it 

is the nature of the violation and not the 

size of the entity that will result in an 

action by the agency, and the aggregate 

economic impact of this rulemaking on 

small business entities should be 

minimal, affecting only those few who 

have engaged in prohibited conduct in 

violation of statutory intent. 

VII. Paperwork Reduction Act 

This final rule imposes no new 

reporting or recordkeeping requirements 

necessitating clearance by OMB. 

List of Subject in 41 CFR Part 105–70 

Administrative hearing, Claims, 

Program fraud. 

Robin Carnahan, 

Administrator. 

Accordingly, 41 CFR part 105–70 is 

amended as set forth below: 

PART 105–70—IMPLEMENTATION OF 

THE PROGRAM FRAUD CIVIL 

REMEDIES ACT OF 1986 

■ 1. The authority citation for part 105– 

70 is revised to read as follows: 

Authority: 40 U.S.C. 121(c); 31 U.S.C. 

3809. 

* * * * * 

§ 105–70.003 [Amended] 

■ 2. Amend § 105–70.003 by— 

■ a. Removing from paragraph (a)(1)(iv) 

the amount ‘‘11,400’’ and adding 

‘‘12,100’’ in its place; and 

■ b. Removing from paragraph (b)(1)(ii) 

the amount ‘‘11,400’’ and adding 

‘‘12,100’’ in its place. 

[FR Doc. 2022–00732 Filed 1–13–22; 8:45 am] 

BILLING CODE 6820–81–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 506 

[Docket No. 22–02] 

RIN 3072–AC89 

Inflation Adjustment of Civil Monetary 

Penalties 

AGENCY: Federal Maritime Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Maritime 

Commission (Commission) is publishing 

this final rule to adjust for inflation the 

civil monetary penalties assessed or 

enforced by the Commission, pursuant 

to the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (2015 Act). The 2015 Act requires 

that agencies adjust and publish their 

new civil penalties by January 15 each 

year. 

DATES: This rule is effective January 15, 

2022. 

FOR FURTHER INFORMATION CONTACT: 

William Cody, Secretary; Phone: (202) 

523–5725; Email: secretary@fmc.gov. 

SUPPLEMENTARY INFORMATION: This rule 

adjusts the civil monetary penalties 

assessable by the Commission in 

accordance with the 2015 Act, which 

became effective on November 2, 2015. 

Public Law 114–74, section 701. The 

2015 Act further amended the Federal 

Civil Penalties Inflation Adjustment Act 

of 1990 (FCPIAA), Public Law 101–410, 

104 Stat. 890 (codified as amended at 28 

U.S.C. 2461 note), in order to improve 

the effectiveness of civil monetary 

penalties and to maintain their deterrent 

effect. 

The 2015 Act requires agencies to 

adjust civil monetary penalties under 

their jurisdiction by January 15 each 

year, based on changes in the consumer 

price index (CPI–U) for the month of 

October in the previous calendar year. 

On December 15, 2021, the Office of 

Management and Budget published 

guidance stating that the CPI–U 

multiplier for October 2021 is 1.06222.1


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations 2351 

2FCPIAA section 4(b)(2); M–22–07 at 3–4. 

In order to complete the annual 

adjustment, the Commission must 

multiply the most recent civil penalty 

amounts in 46 CFR part 506 by the 

multiplier, 1.06222. 

Rulemaking Analyses and Notices 

Notice and Effective Date 

Adjustments under the FCPIAA, as 

amended by the 2015 Act, are not 

subject to the procedural rulemaking 

requirements of the Administrative 

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

including the requirements for prior 

notice, an opportunity for comment, and 

a delay between the issuance of a final 

rule and its effective date.2 As noted 

above, the 2015 Act requires that the 

Commission adjust its civil monetary 

penalties no later than January 15 of 

each year. 

Congressional Review Act 

The rule is not a ‘‘major rule’’ as 

defined by the Congressional Review 

Act, codified at 5 U.S.C. 801 et seq. The 

rule will not result in: (1) An annual 

effect on the economy of $100,000,000 

or more; (2) a major increase in costs or 

prices; or (3) significant adverse effects 

on competition, employment, 

investment, productivity, innovation, or 

the ability of United States-based 

companies to compete with foreignbased companies. 5 U.S.C. 804(2). 

Regulatory Flexibility Act 

The Regulatory Flexibility Act 

(codified as amended at 5 U.S.C. 601– 

612) provides that whenever an agency 

promulgates a final rule after being 

required to publish a notice of proposed 

rulemaking under the APA (5 U.S.C. 

553), the agency must prepare and make 

available a final regulatory flexibility 

analysis describing the impact of the 

rule on small entities or the head of the 

agency must certify that the rule will 

not have a significant economic impact 

on a substantial number of small 

entities. 5 U.S.C. 604–605. As indicated 

above, this final rule is not subject to the 

APA’s notice and comment 

requirements, and the Commission is 

not required to either conduct a 

regulatory flexibility analysis or certify 

that the final rule would not have a 

significant economic impact on a 

substantial number of small entities. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3521) requires an 

agency to seek and receive approval 

from the Office of Management and 

Budget (OMB) before collecting 

information from the public. 44 U.S.C. 

3507. The agency must submit 

collections of information in rules to 

OMB in conjunction with the 

publication of the notice of proposed 

rulemaking. 5 CFR 1320.11. This final 

rule does not contain any collection of 

information, as defined by 44 U.S.C. 

3502(3) and 5 CFR 1320.3(c). 

Regulation Identifier Number 

The Commission assigns a regulation 

identifier number (RIN) to each 

regulatory action listed in the Unified 

Agenda of Federal Regulatory and 

Deregulatory Actions (Unified Agenda). 

The Regulatory Information Service 

Center publishes the Unified Agenda in 

April and October of each year. The 

public may use the RIN contained in the 

heading at the beginning of this 

document to find this action in the 

Unified Agenda, available at http://

www.reginfo.gov/public/do/ 

eAgendaMain. 

List of Subjects in 46 CFR Part 506 

Administrative practice and 

procedure, Claims, Penalties. 

For the reasons stated in the 

preamble, 46 CFR part 506 is amended 

as follows: 

PART 506—CIVIL MONETARY 

PENALTY INFLATION ADJUSTMENT 

■ 1. The authority citation for part 506 

continues to read as follows: 

Authority: 28 U.S.C. 2461. 

■ 2. Amend § 506.4 by revising 

paragraph (d) to read as follows: 

§ 506.4 Cost of living adjustments of civil 

monetary penalties. 

* * * * * 

(d) Inflation adjustment. Maximum 

civil monetary penalties within the 

jurisdiction of the Federal Maritime 

Commission are adjusted for inflation as 

follows: 

TABLE 1 TO PARAGRAPH (d) 

United States code citation Civil monetary penalty description 

Maximum 

penalty as of 

January 15, 2021 

Maximum 

penalty as of 

January 15, 2022 

46 U.S.C. 42304 .......................... Adverse impact on U.S. carriers by foreign shipping practices ....... $2,166,279 $2,301,065 

46 U.S.C. 41107(a) ...................... Knowing and Willful violation/Shipping Act of 1984, or Commission 

regulation or order.

61,820 65,666 

46 U.S.C. 41107(a) ...................... Violation of Shipping Act of 1984, Commission regulation or order, 

not knowing and willful.

12,363 13,132 

46 U.S.C. 41108(b) ...................... Operating in foreign commerce after tariff suspension .................... 123,641 131,334 

46 U.S.C. 42104 .......................... Failure to provide required reports, etc./Merchant Marine Act of 

1920.

9,753 10,360 

46 U.S.C. 42106 .......................... Adverse shipping conditions/Merchant Marine Act of 1920 ............. 1,950,461 2,071,819 

46 U.S.C. 42108 .......................... Operating after tariff or service contract suspension/Merchant Marine Act of 1920.97,523 103,591 

46 U.S.C. 44102, 44104 .............. Failure to establish financial responsibility for non-performance of 

transportation.

24,634 

822 

26,167 

873 

46 U.S.C. 44103, 44104 .............. Failure to establish financial responsibility for death or injury .......... 24,634 

822 

26,167 

873 

31 U.S.C. 3802(a)(1) ................... Program Fraud Civil Remedies Act/making false claim ................... 11,803 12,537 

31 U.S.C. 3802(a)(2) ................... Program Fraud Civil Remedies Act/giving false statement .............. 11,803 12,537 


lotter on DSK11XQN23PROD with RULES1
2352 Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations 

By the Commission. 

William Cody, 

Secretary. 

[FR Doc. 2022–00712 Filed 1–13–22; 8:45 am] 

BILLING CODE 6730–02–P 

NATIONAL TRANSPORTATION 

SAFETY BOARD 

49 CFR Part 831 

[Docket No.: NTSB–2022–0001] 

RIN 3147–AA24 

Civil Monetary Penalty Annual Inflation 

Adjustment 

AGENCY: National Transportation Safety 

Board (NTSB). 

ACTION: Final rule. 

SUMMARY: Pursuant to the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015, this final 

rule provides the 2022 adjustment to the 

civil penalties that the agency may 

assess against a person for violating 

certain NTSB statutes and regulations. 

DATES: This final rule is effective on 

January 14, 2022. 

ADDRESSES: A copy of this final rule, 

published in the Federal Register (FR), 

is available at https://

www.regulations.gov (Docket ID Number 

NTSB–2022–0001). 

FOR FURTHER INFORMATION CONTACT: 

Kathleen Silbaugh, General Counsel, 

(202) 314–6080 or rulemaking@ntsb.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (the 2015 Act) requires, in 

pertinent part, agencies to make an 

annual adjustment for inflation by 

January 15th every year. OMB, M–16– 

06, Implementation of the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (Feb. 24, 

2016). The Office of Management and 

Budget (OMB) annually publishes 

guidance on the adjustment multiplier 

to assist agencies in calculating the 

mandatory annual adjustments for 

inflation. 

The NTSB’s most recent adjustment 

was for fiscal year (FY) 2021, allowing 

the agency to impose a civil penalty up 

to $1,742, effective January 15, 2021, on 

a person who violates 49 U.S.C. 1132 

(Civil aircraft accident investigations), 

1134(b) (Inspection, testing, 

preservation, and moving of aircraft and 

parts), 1134(f)(1) (Autopsies), or 1136(g) 

(Prohibited actions when providing 

assistance to families of passengers 

involved in aircraft accidents). Civil 

Monetary Penalty Annual Inflation 

Adjustment, 86 FR 1809 (Jan. 11, 2021). 

OMB has since published updated 

guidance for FY 2022. OMB, M–22–07, 

Implementation of Penalty Inflation 

Adjustments for 2022, Pursuant to the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (Dec. 15, 2021). Accordingly, this 

final rule reflects the NTSB’s 2022 

annual inflation adjustment and updates 

the maximum civil penalty from $1,742 

to $1,850. 

II. The 2022 Annual Adjustment 

The 2022 annual adjustment is 

calculated by multiplying the applicable 

maximum civil penalty amount by the 

cost-of-living adjustment multiplier, 

which is based on the Consumer Price 

Index and rounding to the nearest 

dollar. OMB, M–22–07, Implementation 

of Penalty Inflation Adjustments for 

2022, Pursuant to the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (Dec. 15, 

2021). For FY 2022, OMB’s guidance 

states that the cost-of-living adjustment 

multiplier is 1.06222. 

Accordingly, multiplying the current 

penalty of $1,742 by 1.06222 equals 

$1,850.38724, which rounded to the 

nearest dollar equals $1,850. This 

updated maximum penalty for the 

upcoming fiscal year applies only to 

civil penalties assessed after the 

effective date of this final rule. The next 

civil penalty adjustment for inflation 

will be calculated by January 15, 2023. 

III. Regulatory Analysis 

The Office of Information and 

Regulatory Affairs Administrator has 

determined agency regulations that 

exclusively implement the annual 

adjustment are consistent with OMB’s 

annual guidance, and have an annual 

impact of less than $100 million are 

generally not significant regulatory 

actions under Executive Order (E.O.) 

12866. OMB, M–22–07, Implementation 

of Penalty Inflation Adjustments for 

2022, Pursuant to the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (Dec. 15, 

2021). An assessment of its potential 

costs and benefits under E.O. 12866, 

Regulatory Planning and Review and 

E.O. 13563, Improving Regulation and 

Regulatory Review is not required 

because this final rule is not a 

‘‘significant regulatory action.’’ 

Likewise, this rule does not require 

analyses under the Unfunded Mandates 

Reform Act of 1995 because this final 

rule is not significant. 

The Regulatory Flexibility Act (5 

U.S.C. 801 et seq.) requires each agency 

to review its rulemaking to assess the 

potential impact on small entities, 

unless the agency determines a rule is 

not expected to have a significant 

economic impact on a substantial 

number of small entities. In accordance 

with 5 U.S.C. 605(b), the NTSB certifies 

that the final rule will not have a 

significant economic impact on a 

substantial number of small entities; 

only those entities that are determined 

to have violated Federal law and 

regulations would be affected by the 

increase in penalties made by this rule. 

This final rule complies with all 

applicable standards in sections 3(a) 

and 3(b)(2) of E.O. 12988 ‘‘Civil Justice 

Reform,’’ to minimize litigation, 

eliminate ambiguity, and reduce 

burden. In addition, the NTSB has 

evaluated this rule under E.O. 12630, 

‘‘Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights’’; and E.O. 13045, ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks.’’ 

The NTSB does not anticipate this 

rule will have a substantial direct effect 

on state government or will preempt 

state law. Accordingly, this rule does 

not have implications for federalism 

under E.O. 13132, Federalism. 

The NTSB also evaluated this rule 

under E.O. 13175, Consultation and 

Coordination with Indian Tribal 

Governments. The agency has 

concluded that this final rule will not 

have a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

The Paperwork Reduction Act of 1995 

is inapplicable because the final rule 

imposes no new information reporting 

or recordkeeping necessitating clearance 

by OMB. 

The Regulatory Flexibility Act of 1980 

does not apply because, as a final rule, 

this action is not subject to prior notice 

and comment. See 5 U.S.C. 604(a). 

The NTSB has concluded that this 

final rule neither violates nor requires 

further consideration under the 

aforementioned Executive orders and 

acts. 

List of Subjects in 49 CFR Part 831 

Aircraft accidents, Aircraft incidents, 

Aviation safety, Hazardous materials 

transportation, Highway safety, 

Investigations, Marine safety, Pipeline 

safety, Railroad safety. 

Accordingly, for the reasons stated in 

the Preamble, the NTSB amends 49 CFR 

part 831 as follows: 


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