2032 Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Rules and Regulations 

2015 Act, results in a new penalty 

amount of $231. 

IV. Notice and Comment Not Required 

by Administrative Procedure Act 

In accordance with the 2015 Act, 

Federal agencies shall adjust civil 

monetary penalties ‘‘notwithstanding’’ 

Section 553 of the Administrative 

Procedures Act. This means that public 

procedure generally required for agency 

rulemaking—notice, an opportunity for 

comment, and a delay in effective 

date—is not required for agencies to 

issue regulations implementing the 

annual adjustment. 

List of Subjects in 12 CFR Part 1411 

Banks, Banking, Civil money 

penalties, Penalties. 

For the reasons stated in the 

preamble, part 1411 of chapter XIV, title 

12 of the Code of Federal Regulations is 

amended as follows: 

PART 1411—RULES OF PRACTICE 

AND PROCEDURE 

■ 1. The authority citation for part 1411 

continues to read as follows: 

Authority: Secs. 5.58(10), 5.65(c) and (d) 

of the Farm Credit Act (12 U.S.C. 2277a– 

7(10), 2277a–14(c) and (d)); 28 U.S.C. 2461 

note. 

■ 2. Revise § 1411.1 to read as follows: 

§ 1411.1 Inflation adjustment of civil 

money penalties for failure to file a certified 

statement, pay any premium required or 

obtain approval before employment of 

persons convicted of criminal offenses. 

In accordance with the Federal Civil 

Penalties Inflation Adjustment Act of 

1990, as amended, a civil money 

penalty imposed pursuant to section 

5.65(c) or (d) of the Farm Credit Act of 

1971, as amended, shall not exceed 

$231 per day for each day the violation 

continues. 

Dated: January 10, 2022. 

Ashley Waldron, 

Secretary, Farm Credit System Insurance 

Corporation. 

[FR Doc. 2022–00577 Filed 1–12–22; 8:45 am] 

BILLING CODE 6710–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2021–0820; Airspace 

Docket No. 21–ASO–29] 

RIN 2120–AA66 

Amendment of Class E Airspace; 

Covington, GA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace extending upward from 700 

feet above the surface for Covington 

Municipal Airport, Covington, GA. This 

action is the result of an airspace review 

caused by the decommissioning of the 

ALCOVY Non-directional Beacon (NDB) 

and cancellation of the associated 

approaches. Controlled airspace is 

necessary for the safety and 

management of instrument flight rules 

(IFR) operations in the area. 

DATES: Effective 0901 UTC, March 24, 

2022. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order JO 7400.11 and publication of 

conforming amendments. 

ADDRESSES: FAA Order JO 7400.11F, 

Airspace Designations and Reporting 

Points, and subsequent amendments can 

be viewed online at https://

www.faa.gov/air_traffic/publications/. 

For further information, you can contact 

the Airspace Policy Group, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; Telephone: (202) 267–8783. 

FAA Order JO 7400.11F is also available 

for inspection at the National Archives 

and Records Administration (NARA). 

For information on the availability of 

FAA Order JO 7400.11F at NARA, email 

fr.inspection@nara.gov or go to https:// 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, 1701 Columbia Ave., 

College Park, GA 30337; Telephone 

(404) 305–6364. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106, describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it amends the 

Class E airspace extending upward from 

700 feet above the surface for Covington 

Municipal Airport, Covington, GA, to 

support IFR operations in the area. 

History 

The FAA published a notice of 

proposed rulemaking in the Federal 

Register (86 FR 57083, October 14, 

2021) for Docket No. FAA–2021–0820 to 

amend Class E airspace extending 

upward from 700 feet above the surface 

at Covington Municipal Airport, 

Covington, GA. 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. 

Class E airspace designations are 

published in Paragraph 6005, of FAA 

Order JO 7400.11F, dated August 10, 

2021, and effective September 15, 2021, 

which is incorporated by reference in 14 

CFR 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in FAA 

Order JO 7400.11F. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends FAA Order JO 

7400.11F, Airspace Designations and 

Reporting Points, dated August 10, 

2021, and effective September 15, 2021. 

FAA Order JO 7400.11F is publicly 

available as listed in the ADDRESSES

section of this document. FAA Order JO 

7400.11F lists Class A, B, C, D, and E 

airspace areas, air traffic routes, and 

reporting points. 

The Rule 

The FAA is amending 14 CFR part 71 

by amending the Class E airspace 

extending upward from 700 feet above 

the surface at Covington Municipal 

Airport, Covington, GA, as the ACOVY 

NDB is being decommissioned. 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Rules and Regulations 2033 

1The FCPIAA, Public Law 101–410 (1990), as 

amended, is codified at 28 U.S.C. 2461 note. The 

FCPIAA states that the purpose of the FCPIAA is 

to establish a mechanism that shall (1) allow for 

regular adjustment for inflation of civil monetary 

penalties; (2) maintain the deterrent effect of civil 

monetary penalties and promote compliance with 

the law; and (3) improve the collection by the 

Federal Government of civil monetary penalties. 

2For the relevant CMPs within the Commission’s 

jurisdiction, the Act provides only for maximum 

amounts that can be assessed for each violation of 

the Act or the rules, regulations and orders 

promulgated thereunder; the Act does not set forth 

any minimum penalties. Therefore, the remainder 

of this release will refer only to CMP maximums. 

3Federal Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015, Public Law 114–74, 129 

Stat. 584 (2015) (2015 Act), title VII, Section 701. 

4FCPIAA Sections 4 and 5. See also, Adjustment 

of Civil Monetary Penalties for Inflation, 81 FR 

41435 (June 27, 2016). 

5FCPIAA Sections 4 and 5. See also, Executive 

Office of the President, Office of Management and 

Budget Memorandum, 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) (2021 

OMB Guidance) (https://www.whitehouse.gov/wpcontent/uploads/2021/12/M-22-07.pdf). 

6FCPIAA Section 3(2). 

7 7 U.S.C. 9, 13a–1, 13b. Criminal authorities may 

also seek fines for criminal violations of the CEA 

(see 7 U.S.C. 13, 13(c), 13(d), 13(e), and 13b). The 

FCPIA does not affect the amounts of these criminal 

penalties. 

The Class E airspace extending upward 

from 700 feet above the surface is 

amended by increasing the radius from 

6.3 miles to 6.5 miles, and eliminating 

the extension to the east. This action 

also updates geographic coordinates of 

the airport to coincide with the FAA 

database. 

FAA Order JO 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is minimal. Since this is a 

routine matter that only affects air traffic 

procedures an air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO GA E5 Covington, GA [Amended] 

Covington Municipal Airport, GA 

(Lat. 33°37′56′′ N, long. 83°50′48′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.5 mile 

radius of Covington Municipal Airport. 

Issued in College Park, Georgia, on January 

3, 2022. 

Earl Newalu, 

Manager, Tactical Operations, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2022–00071 Filed 1–12–22; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 143 

RIN 3038–AF10 

Annual Adjustment of Civil Monetary 

Penalties to Reflect Inflation—2022 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commodity Futures 

Trading Commission (Commission) is 

amending Rule 143.8, its rule that 

governs the maximum amount of civil 

monetary penalties imposed under the 

Commodity Exchange Act (CEA), to 

adjust for inflation. This rule sets forth 

the maximum, inflation-adjusted dollar 

amount for civil monetary penalties 

(CMPs) assessable for violations of the 

CEA and Commission rules, regulations 

and orders thereunder. The rule, as 

amended, implements the Federal Civil 

Penalties Inflation Adjustment Act of 

1990, as amended. 

DATES: This rule is effective on January 

13, 2022 and is applicable to penalties 

assessed after January 15, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Edward J. Riccobene, Associate Chief 

Counsel, Division of Enforcement, at 

(202) 418–5327 or ericcobene@cftc.gov, 

Commodity Futures Trading 

Commission, 1155 21st Street NW, 

Washington, DC 20581. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Federal Civil Penalties Inflation 

Adjustment Act of 1990 (FCPIAA) 1

requires the head of each Federal agency 

to periodically adjust for inflation the 

minimum and maximum amount of 

CMPs provided by law within the 

jurisdiction of that agency.2 A 2015 

amendment to the FCPIAA 3 required 

agencies to make an initial ‘‘catch-up’’ 

adjustment to its civil monetary 

penalties effective no later than August 

1, 2016.4 For every year thereafter 

effective not later than January 15th, the 

FCPIAA, as amended, requires agencies 

to make annual adjustments for 

inflation, with guidance from the 

Director of the Office of Management 

and Budget.5

II. Commodity Exchange Act Civil 

Monetary Penalties 

The following sections of the CEA 

provide for CMPs that meet the FCPIAA 

definition 6 and these CMPs are, 

therefore, subject to the inflation 

adjustment: Sections 6(c), 6b, and 6c of 

the CEA.7

III. Annual Inflation Adjustment for 

Commodity Exchange Act Civil 

Monetary Penalties 

A. Methodology 

The FCPIAA annual inflation 

adjustment, in the context of the CFTC’s 

CMPs, is determined by increasing the 

maximum penalty by a ‘‘cost-of-living 


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