Federal Register / Vol. 87, No. 14 / Friday, January 21, 2022 / Rules and Regulations 3225 

Authority: 46 U.S.C. 3306; E.O. 12234, 45 

FR 58801, 3 CFR, 1980 Comp., p. 277; DHS 

Delegation 00170.1, Revision No. 01.2. 

■ 45. Revise the section heading to 

§ 147.5 to read as follows: 

§ 147.5 Commandant (CG–ENG); address. 

* * * * * 

■ 46. Revise the section heading to 

§ 147.40 to read as follows: 

§ 147.40 Materials requiring Commandant 

(CG–ENG) approval. 

* * * * * 

PART 172—SPECIAL RULES 

PERTAINING TO BULK CARGOES 

■ 47. Revise the authority citation for 

part 172 to read as follows: 

Authority: 46 U.S.C. 3306, 3703, 5115; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; DHS Delegation 00170.1, Revision No. 

01.2. 

§ 172.040 [Amended] 

■ 48. In § 172.040(b), remove the text 

‘‘17 Battery Place, Suite 1232, New 

York, New York 10004–1110’’ and add, 

in its place, the text ‘‘180 Maiden Lane, 

Suite 903, New York, NY 10038’’. 

PART 189—INSPECTION AND 

CERTIFICATION 

■ 49. Revise the authority citation for 

part 189 to read as follows: 

Authority: 46 U.S.C. 2113, 3306, 3307, 

70034; E.O. 12234, 45 FR 58801, 3 CFR, 1980 

Comp., p. 277; E.O. 12777, 56 FR 54757, 3 

CFR, 1991 Comp., p. 351; DHS Delegation 

00170.1, Revision No. 01.2. 

§ 189.25–50 [Amended] 

■ 50. In § 189.25–50: 

■ a. In paragraph (a), after the word 

‘‘he’’, add the words ‘‘or she’’. 

■ b. Add reserved paragraph (b). 

Michael Cunningham, 

Chief, Office of Regulations and 

Administrative Law. 

[FR Doc. 2022–00804 Filed 1–20–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Parts 36 and 42 

RIN 2900–AR41 

Federal Civil Penalties Inflation 

Adjustment Act Amendments 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is providing public notice 

of inflationary adjustments to the 

maximum civil monetary penalties 

assessed or enforced by VA, as 

implemented by the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015, for calendar 

year 2022. VA may impose civil 

monetary penalties for false loan 

guaranty certifications. Also, VA may 

impose civil monetary penalties for 

fraudulent claims or written statements 

made in connection with VA programs 

generally. The Federal Civil Penalties 

Inflation Adjustment Act of 1990, as 

amended by the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015, sets forth a formula that 

increases the maximum statutory 

amounts for civil monetary penalties 

and directs VA to give public notice of 

the new maximum amounts by 

regulation. 

DATES: Effective Date: This rule is 

effective January 21, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Li, Chief, Regulations Team, 

Loan Guaranty Service, Department of 

Veterans Affairs, 810 Vermont Avenue 

NW, Washington, DC 20420, (202) 632– 

8862. (This is not a toll-free number.) 

SUPPLEMENTARY INFORMATION: On 

November 2, 2015, the President signed 

into law the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 (2015 Act) (Pub. L. 114–74, 

sec. 701, 129 Stat. 599), which amended 

the Federal Civil Penalties Inflation 

Adjustment Act of 1990 (Pub. L. 101– 

410, 104 Stat. 890), to improve the 

effectiveness of civil monetary penalties 

and to maintain their deterrent effect. 

The 2015 Act was codified in a note 

following 28 U.S.C. 2461. The 2015 Act 

requires agencies to publish annual 

adjustments for inflation, based on the 

percentage change between the 

Consumer Price Index (defined in the 

Act as the Consumer Price Index for allurban consumers (CPI–U) published by 

the Department of Labor) for the month 

of October preceding the date of the 

adjustment and the prior year’s October 

CPI–U. 28 U.S.C. 2461 note, secs. 4(a) 

and (b) and 5(b)(1). This rule 

implements the 2022 calendar year 

inflation adjustment amounts. 

Under 38 U.S.C. 3710(g)(4)(B), VA is 

authorized to levy civil monetary 

penalties against private lenders that 

originate VA-guaranteed loans if a 

lender falsely certifies that they have 

complied with certain credit 

information and loan processing 

standards, as set forth by chapter 37, 

title 38 U.S.C. and part 36, title 38 CFR. 

Under section 3710(g)(4)(B), any lender 

who knowingly and willfully makes 

such a false certification shall be liable 

to the United States Government for a 

civil penalty equal to two times the 

amount of the Secretary’s loss on the 

loan involved or to another appropriate 

amount, not to exceed $10,000, 

whichever is greater. VA implemented 

the penalty amount in 38 CFR 

36.4340(k)(1)(i) and (k)(3). On December 

15, 2021, the Office of Management and 

Budget (OMB) issued Circular M–22–07. 

This circular reflects that the October 

2020 CPI–U was 260.388 and the 

October 2021 CPI–U was 276.589, 

resulting in an inflation adjustment 

multiplier of 1.06222. Accordingly, the 

calendar year 2022 inflation revision 

imposes an adjustment from $23,607 to 

$25,076. 

Under 31 U.S.C. 3802, VA can impose 

monetary penalties against any person 

who makes, presents, or submits a claim 

or written statement to VA that the 

person knows or has reason to know is 

false, fictitious, or fraudulent, or who 

engages in other covered conduct. The 

statute permits, in addition to any other 

remedy that may be prescribed by law, 

a civil penalty of not more than $5,000 

for each claim. 31 U.S.C. 3802(a)(1) and 

(2). VA implemented the penalty 

amount in 38 CFR 42.3(a)(1) and (b)(1). 

As previously noted, OMB Circular M– 

22–07 reflects an inflation adjustment 

multiplier of 1.06222. Therefore, the 

calendar year 2022 inflation revision 

imposes an adjustment from $11,803 to 

$12,537. 

Accordingly, VA is revising 38 CFR 

36.4340(k)(1)(i) and (3) and 38 CFR 

42.3(a)(1) and (b)(1) to reflect the 2022 

inflationary adjustments for civil 

monetary penalties assessed or enforced 

by VA. 

Administrative Procedure Act 

The Secretary of Veterans Affairs 

finds that there is good cause under 5 

U.S.C. 553(b)(B) and (d)(3) to dispense 

with the opportunity for prior notice 

and public comment and to publish this 

rule with an immediate effective date. 

The 2015 Act requires agencies to make 

annual adjustments for inflation to the 

allowed amounts of civil monetary 

penalties ‘‘notwithstanding section 553 

of title 5, United States Code.’’ 28 U.S.C. 

2461 note, sec. 4(a) and (b). The penalty 

adjustments, and the methodology used 

to determine the adjustments, are set by 

the terms of the 2015 Act. VA has no 

discretion to make changes in those 

areas. Therefore, an opportunity for 

prior notice and public comment and a 

delayed effective date are unnecessary. 

Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 


jspears on DSK121TN23PROD with RULES1
3226 Federal Register / Vol. 87, No. 14 / Friday, January 21, 2022 / Rules and Regulations 

alternatives and, when regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, and other advantages; 

distributive impacts; and equity). 

Executive Order 13563 (Improving 

Regulation and Regulatory Review) 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. The Office of 

Information and Regulatory Affairs has 

determined that this rule is not a 

significant regulatory action under 

Executive Order 12866. The Regulatory 

Impact Analysis associated with this 

rulemaking can be found as a 

supporting document at 

www.regulations.gov. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act, 5 

U.S.C. 601 et seq. (RFA), imposes 

certain requirements on Federal agency 

rules that are subject to the notice and 

comment requirements of the 

Administrative Procedure Act (APA), 5 

U.S.C. 553(b). This final rule is exempt 

from the notice and comment 

requirements of the APA because the 

2015 Act directed the Department to 

issue the annual adjustments without 

regard to section 553 of the APA. 

Therefore, the requirements of the RFA 

applicable to notice and comment 

rulemaking do not apply to this rule. 

Accordingly, the Department is not 

required either to certify that the final 

rule would not have a significant 

economic impact on a substantial 

number of small entities or to conduct 

a regulatory flexibility analysis. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

one year. This final rule will have no 

such effect on State, local, and tribal 

governments, or on the private sector. 

Paperwork Reduction Act 

This final rule contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3521). 

Assistance Listing 

The Assistance Listing number and 

title for the program affected by this 

document is 64.114, Veterans Housing 

Guaranteed and Insured Loans. 

Congressional Review Act 

Pursuant to Subtitle E of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (known as the 

Congressional Review Act) (5 U.S.C. 801 

et seq.), the Office of Information and 

Regulatory Affairs designated this rule 

as not a major rule, as defined by 5 

U.S.C. 804(2). 

List of Subjects 

38 CFR Part 36 

Condominiums, Housing, Individuals 

with disabilities, Loan programshousing and community development, 

Loan programs-veterans, Manufactured 

homes, Mortgage insurance, Reporting 

and recordkeeping requirements, 

Veterans. 

38 CFR Part 42 

Administrative practice and 

procedure, Claims, Fraud, Penalties. 

Signing Authority 

Denis McDonough, Secretary of 

Veterans Affairs, approved this 

document on January 14, 2022, and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. 

Jeffrey M. Martin, 

Assistant Director, Office of Regulation Policy 

& Management, Office of General Counsel, 

Department of Veterans Affairs. 

For the reasons stated in the 

preamble, the Department of Veterans 

Affairs amends 38 CFR parts 36 and 42 

as set forth below: 

PART 36—LOAN GUARANTY 

■ 1. The authority citation for part 36 

continues to read as follows: 

Authority: 38 U.S.C. 501 and 3720. 

§ 36.4340 [Amended] 

■ 2. In § 36.4340, amend paragraphs 

(k)(1)(i) introductory text and (k)(3) by 

removing ‘‘$23,607’’ and adding in its 

place ‘‘$25,076’’. 

PART 42—STANDARDS 

IMPLEMENTING THE PROGRAM 

FRAUD CIVIL REMEDIES ACT 

■ 3. The authority citation for part 42 

continues to read as follows: 

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

6104, 100 Stat. 1874, codified at 31 U.S.C. 

3801–3812. 

§ 42.3 [Amended] 

■ 4. In § 42.3, amend paragraphs 

(a)(1)(iv) and (b)(1)(ii) by removing 

‘‘$11,803’’ and adding in its place 

‘‘$12,537’’. 

[FR Doc. 2022–01135 Filed 1–20–22; 8:45 am] 

BILLING CODE 8320–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 21–123; RM–11890; DA 22– 

26; FR ID 67332] 

Television Broadcasting Services Fort 

Bragg, California 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: On September 20, 2021, the 

Media Bureau, Video Division (Bureau) 

issued a Notice of Proposed Rulemaking 

(NPRM) in response to a petition for 

rulemaking filed by One Ministries, Inc. 

(Petitioner), requesting the allotment of 

reserved noncommercial educational 

channel *4 to Fort Bragg, California, in 

the Table of Allotments as the 

community’s second local service. For 

the reasons set forth in the Report and 

Order referenced below, the Bureau 

amends FCC regulations to allot channel 

*4 at Fort Bragg. The newly allotted 

channel will be authorized pursuant to 

the Commission’s application and 

selection procedures for reserved 

noncommercial educational television 

stations. 

DATES: Effective January 21, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Media Bureau, at (202) 

418–1647 or Joyce.Bernstein@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

proposed rule was published at 86 FR 

54144 on September 30, 2021. The 

Petitioner filed comments in support of 

the petition, as required by the 

Commission’s rules, reaffirming its 

commitment to apply for channel *4 

and if authorized, to build a station 

promptly. No other comments were 

filed. We believe the public interest 

would be served by allotting channel *4 

at Fort Bragg, California. Fort Bragg 

(population 7,179) clearly qualifies for 

community of license status for 

allotment purposes. In addition, the 

proposal would result in a second local 

service to Fort Bragg under the 

Commission’s third allotment priority. 

Moreover, the allotment is consistent 

with the minimum geographic spacing 

requirements for new DTV allotments in 


jspears on DSK121TN23PROD with RULES1