Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Rules and Regulations 3433 

Customs and Border Protection, when necessary to 

respond to a specific threat to human life or 

national interests, is authorized to close temporarily 

any Customs office or port of entry or take any other 

lesser action that may be necessary to respond to 

the specific threat.’’ Congress has vested in the 

Secretary of Homeland Security the ‘‘functions of 

all officers, employees, and organizational units of 

the Department,’’ including the Commissioner of 

CBP. 6 U.S.C. 112(a)(3). 

32The exceptions to this temporary restriction are 

generally aligned with those outlined in the 

Presidential Proclamation and further described in 

the CDC Order, with modifications to account for 

the unique nature of land border operations where 

advance passenger information is largely not 

available. 

33CDC, Technical Instructions for Implementing 

Presidential Proclamation Advancing the Safe 

Resumption of Global Travel During the COVID–19 

Pandemic and CDC’s Order, https://www.cdc.gov/ 

quarantine/order-safe-travel/technicalinstructions.html (last reviewed Nov. 30, 2021). 

determined, in consultation with 

interagency partners, that land POEs 

along the United States-Canada border 

will continue to suspend normal 

operations and will allow processing for 

entry into the United States of only 

those noncitizen non-LPRs who are 

‘‘fully vaccinated against COVID–19’’ 

and can provide ‘‘proof of being fully 

vaccinated against COVID–19’’ upon 

request, as those terms are defined 

under the Presidential Proclamation and 

CDC Order. This action does not apply 

to U.S. citizens, U.S. nationals, lawful 

permanent residents of the United 

States, or American Indians who have a 

right by statute to pass the borders of, 

or enter into, the United States. In 

addition, I hereby authorize exceptions 

to these restrictions for the following 

categories of noncitizen non-LPRs: 32

• Certain categories of persons on 

diplomatic or official foreign 

government travel as specified in the 

CDC Order; 

• persons under 18 years of age; 

• certain participants in certain 

COVID–19 vaccine trials as specified in 

the CDC Order; 

• persons with medical 

contraindications to receiving a COVID– 

19 vaccine as specified in the CDC 

Order; 

• persons issued a humanitarian or 

emergency exception by the Secretary of 

Homeland Security; 

• persons with valid nonimmigrant 

visas (excluding B–1 [business] or B–2 

[tourism] visas) who are citizens of a 

country with limited COVID–19 vaccine 

availability, as specified in the CDC 

Order; 

• members of the U.S. Armed Forces 

or their spouses or children (under 18 

years of age) as specified in the CDC 

Order; and, 

• persons whose entry would be in 

the U.S. national interest, as determined 

by the Secretary of Homeland Security. 

In administering such exceptions, 

DHS will not require the Covered 

Individual Attestation currently in use 

by CDC for noncitizens who are 

nonimmigrants seeking to enter the 

United States by air travel, or similar 

form, but DHS may, in its discretion, 

require any person invoking an 

exception to provide proof of eligibility 

consistent with documentation 

requirements in CDC’s Technical 

Instructions.33

This Notification does not apply to air 

or sea travel between the United States 

and Canada. This Notification does 

apply to passenger/freight rail, 

passenger ferry travel, and pleasure boat 

travel between the United States and 

Canada. These restrictions are 

temporary in nature and shall remain in 

effect until the date indicated on this 

Notification, unless modified or 

rescinded at any point prior to that date, 

including to conform these restrictions 

to any intervening changes in the 

Presidential Proclamation and 

implementing CDC orders. In 

conjunction with interagency partners, I 

will closely monitor the effect of the 

requirements discussed herein, 

especially as they relate to any potential 

impacts on the supply chain and will, 

as needed and warranted, exercise my 

authority in support of the U.S. national 

interest. 

I intend for this Notification and the 

restrictions discussed herein to be given 

effect to the fullest extent allowed by 

law; in the event that a court of 

competent jurisdiction stays, enjoins, or 

sets aside any aspect of this action, on 

its face or with respect to any person, 

entity, or class thereof, any portion of 

this action not determined by the court 

to be invalid or unenforceable should 

otherwise remain in effect for the 

duration stated above. 

This action is not a rule subject to 

notice and comment under the 

Administrative Procedure Act (APA). It 

is exempt from notice and comment 

requirements because it concerns 

ongoing discussions with Canada and 

Mexico on how best to control COVID– 

19 transmission over our shared borders 

and therefore directly ‘‘involve[s] . . . a 

. . . foreign affairs function of the 

United States.’’ Even if this action were 

subject to notice and comment, there is 

good cause to dispense with prior 

public notice and the opportunity to 

comment. Given the public health 

emergency caused by COVID–19, 

including the rapidly evolving 

circumstances associated with elevated 

rates of infection due to the Omicron 

variant, it would be impracticable and 

contrary to the public health, and the 

public interest, to delay the issuance 

and effective date of this action. 

The CBP Commissioner is hereby 

directed to prepare and distribute 

appropriate guidance to CBP personnel 

on the implementation of the temporary 

measures set forth in this Notification. 

Further, the CBP Commissioner may, on 

an individualized basis and for 

humanitarian or emergency reasons or 

for other purposes in the national 

interest, permit the processing of 

travelers to the United States who 

would otherwise be subject to the 

restrictions announced in this 

Notification. 

Alejandro N. Mayorkas, 

Secretary, U.S. Department of Homeland 

Security. 

[FR Doc. 2022–01402 Filed 1–21–22; 8:45 am] 

BILLING CODE 9112–FP–P 

DEPARTMENT OF THE TREASURY 

Financial Crimes Enforcement Network 

31 CFR Part 1010 

Financial Crimes Enforcement 

Network; Inflation Adjustment of Civil 

Monetary Penalties 

AGENCY: Financial Crimes Enforcement 

Network (FinCEN), Treasury. 

ACTION: Final rule. 

SUMMARY: FinCEN is publishing this 

final rule to reflect inflation adjustments 

to its civil monetary penalties as 

mandated by the Federal Civil Penalties 

Inflation Adjustment Act of 1990, as 

amended. This rule adjusts certain 

maximum civil monetary penalties 

within the jurisdiction of FinCEN to the 

amounts required by that Act. 

DATES: Effective January 24, 2022. 

FOR FURTHER INFORMATION CONTACT: The 

FinCEN Regulatory Support Section at 

1–800–767–2825, or electronically at 

frc@fincen.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In order to improve the effectiveness 

of civil monetary penalties (CMPs) and 

to maintain their deterrent effect, the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990, as amended in 

2015 by section 701 of Public Law 114– 

74, codified at 28 U.S.C. 2461 note (the 

Act), requires Federal agencies to adjust 

for inflation each CMP provided by law 

within the jurisdiction of the agency. 

The Act requires agencies to adjust the 

level of CMPs with an initial ‘‘catch-up’’ 

adjustment through an interim final 

rulemaking. After the initial ‘‘catch-up’’ 


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3434 Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Rules and Regulations 

1The increased CMPs, however, apply only with 

respect to underlying violations occurring after 

November 2, 2015 the date of enactment of the most 

recent amendment to the Act. 

2FinCEN has previously described that it applied 

a catch-up adjustment for each penalty subject to 

the Act, based on the year and corresponding 

amount(s) for which the maximum penalty or range 

of minimum and maximum penalties was 

established or last adjusted, whichever is later. See 

Civil Monetary Penalty Adjustment and Table, 81 

FR 42503, 42504 (June 30, 2016). Because the year 

varies for different penalties, penalties that were 

originally of the same size when promulgated can 

have different values today pursuant to the 

application of the Act. 

adjustment, agencies are required to 

adjust CMPs annually and to make the 

adjustments notwithstanding 5 U.S.C. 

553, which requires notice-andcomment rulemaking for certain agency 

actions. The Act provides that any 

increase in a CMP shall apply to CMPs 

that are assessed after the date the 

increase takes effect, regardless of 

whether the underlying violation 

predated such increase.1

II. Method of Calculation 

The method of calculating CMP 

adjustments applied in this final rule is 

required by the Act. Under the Act and 

Office of Management and Budget 

(OMB) guidance, annual inflation 

adjustments subsequent to the initial 

catch-up adjustment are to be based on 

the percent change between the 

Consumer Price Index for all Urban 

Consumers (CPI–U) for the October 

preceding the date of the adjustment 

and the prior year’s October CPI–U. As 

set forth in OMB Memorandum M–22– 

07 of December 15, 2021, the adjustment 

multiplier for 2022 is 1.06222. In order 

to complete the 2022 annual 

adjustment, each current CMP (all of 

which were themselves last adjusted in 

2021) is multiplied by the 2022 

adjustment multiplier. Under the Act, 

any increase in CMP must be rounded 

to the nearest multiple of $1.2

Procedural Matters 

1. Administrative Procedure Act 

Section 4(b) of the Act requires 

agencies, beginning in 2017, to make 

annual adjustments for inflation to 

CMPs notwithstanding the notice and 

comment requirements of 5 U.S.C. 553. 

Additionally, the methodology used for 

adjusting CMPs for inflation, effective 

2017, is provided by statute, with no 

discretion provided to agencies 

regarding the substance of the 

adjustments for inflation to CMPs. 

Accordingly, prior public notice and an 

opportunity for public comment and a 

delayed effective date are not required 

for this rule. 

2. Regulatory Flexibility Act 

Because no notice of proposed 

rulemaking is required, the provisions 

of the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) do not apply. 

3. Executive Order 12866. 

This rule is not a significant 

regulatory action as defined in section 

3(f) of Executive Order 12866. 

4. Paperwork Reduction Act 

The provisions of the Paperwork 

Reduction Act of 1995, Pub. L. 104–13, 

44 U.S.C. Chapter 35, and its 

implementing regulations, 5 CFR part 

1320, do not apply to this rule because 

there are no new or revised 

recordkeeping or reporting 

requirements. 

List of Subjects in 31 CFR Part 1010 

Authority delegations (Government 

agencies), Administrative practice and 

procedure, Banks, banking, Brokers, 

Currency, Foreign banking, Foreign 

currencies, Gambling, Investigations, 

Penalties, Reporting and recordkeeping 

requirements, Securities, Terrorism. 

Authority and Issuance 

For the reasons set forth in the 

preamble, part 1010 of chapter X of title 

31 of the Code of Federal Regulations is 

amended as follows: 

PART 1010—GENERAL PROVISIONS 

■ 1. The authority citation for part 1010 

is revised to read as follows: 

Authority: 12 U.S.C. 1829b and 1951– 

1959; 31 U.S.C. 5311–5314 and 5316–5336; 

title III, sec. 314, Pub. L. 107–56, 115 Stat. 

307; sec. 2006, Pub. L. 114–41, 129 Stat. 458– 

459; sec. 701, Pub. L. 114–74, 129 Stat. 599. 

■ 2. Amend § 1010.821 by revising 

Table 1 of paragraph (b) to read as 

follows: 

§ 1010.821 Penalty adjustment and table. 

* * * * * 

(b) * * * 

TABLE 1 OF § 1010.821—PENALTY ADJUSTMENT TABLE

U.S. Code citation Civil monetary penalty description 

Penalties as 

last amended by 

statute 

Maximum penalty 

amounts or range 

of minimum and 

maximum penalty 

amounts for 

penalties 

assessed on or 

after 1/24/2022 

12 U.S.C. 1829b(j) ................................................ Relating to Recordkeeping Violations For Funds 

Transfers.

$10,000 $23,011 

12 U.S.C. 1955 ..................................................... Willful or Grossly Negligent Recordkeeping Violations.10,000 23,011 

31 U.S.C. 5318(k)(3)(C) ........................................ Failure to Terminate Correspondent Relationship 

with Foreign Bank.

10,000 15,565 

31 U.S.C. 5321(a)(1) ............................................ General Civil Penalty Provision for Willful Violations of Bank Secrecy Act Requirements.25,000–100,000 62,689–250,759 

31 U.S.C. ..............................................................

5321(a)(5)(B)(i) .....................................................

Foreign Financial Agency Transaction—NonWillful Violation of Transaction.10,000 14,489 

31 U.S.C. ..............................................................

5321(a)(5)(C)(i)(I) ..................................................

Foreign Financial Agency Transaction—Willful 

Violation of Transaction.

100,000 144,886 

31 U.S.C. ..............................................................

5321(a)(6)(A) .........................................................

Negligent Violation by Financial Institution or 

Non-Financial Trade or Business.

500 1,253 

31 U.S.C. ..............................................................

5321(a)(6)(B) .........................................................

Pattern of Negligent Activity by Financial Institution or Non-Financial Trade or Business.50,000 97,529 

31 U.S.C. 5321(a)(7) ............................................ Violation of Certain Due Diligence Requirements, 

Prohibition on Correspondent Accounts for 

Shell Banks, and Special Measures.

1,000,000 1,556,481 


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Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Rules and Regulations 3435 

1 62 FR 27968 (May 22, 1997). 

TABLE 1 OF § 1010.821—PENALTY ADJUSTMENT TABLE—Continued 

U.S. Code citation Civil monetary penalty description 

Penalties as 

last amended by 

statute 

Maximum penalty 

amounts or range 

of minimum and 

maximum penalty 

amounts for 

penalties 

assessed on or 

after 1/24/2022 

31 U.S.C. 5330(e) ................................................. Civil Penalty for Failure to Register as Money 

Transmitting Business.

5,000 9,250 

Himamauli Das, 

Acting Director, Financial Crimes 

Enforcement Network. 

[FR Doc. 2022–01284 Filed 1–21–22; 8:45 am] 

BILLING CODE 4810–02–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2021–0750, FRL–9189–02– 

R10] 

Air Plan Approval; Washington; 

Update to the Yakima Regional Clean 

Air Agency Wood Heater and Burn Ban 

Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the Yakima Regional Clean Air Agency 

(YRCAA) regulations designed to 

control particulate matter from 

residential wood heaters, such as 

woodstoves and fireplaces. The updated 

YRCAA regulations set fine particulate 

matter trigger levels for impaired air 

quality burn bans, consistent with 

statutory changes enacted by the 

Washington State Legislature. The 

submission also contains updates to 

improve the clarity of the language and 

align with the statewide solid fuel 

burning device regulations already 

applicable in YRCAA’s jurisdiction. We 

are approving these changes because 

they meet the requirements of the Clean 

Air Act (CAA) and strengthen the 

Washington State Implementation Plan 

(SIP). 

DATES: This final rule is effective 

February 23, 2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2021–0750. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information or other information the 

disclosure of which is restricted by 

statute. Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available at https://

www.regulations.gov, or please contact 

the person listed in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hunt, EPA Region 10, 1200 Sixth 

Avenue—Suite 155, Seattle, WA 98101, 

at (206) 553–0256, or hunt.jeff@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it means 

the EPA. 

I. Background 

On November 18, 2021, we proposed 

to approve and incorporate by reference 

Regulation 1, sections 3.04 Wood 

Heaters and 3.05 Burn Bans, adopted by 

YRCAA effective November 9, 2020 (86 

FR 64438). The reasons for our proposed 

approval were stated in the proposed 

rulemaking and will not be re-stated 

here. The public comment period for 

our proposed approval ended on 

December 20, 2021, and we received no 

comments. Therefore, we are finalizing 

our action as proposed. 

II. Final Action 

The EPA is approving and 

incorporating by reference Regulation 1, 

sections 3.04 Wood Heaters and 3.05 

Burn Bans, adopted by YRCAA effective 

November 9, 2020. We are also 

removing from the SIP the outdated 

1993 and 1995 Article IX provisions 

Woodstoves and Fireplaces, which are 

replaced by sections 3.04 and 3.05. 

III. Incorporation by Reference 

In this document, the EPA is 

finalizing regulatory text in an EPA final 

rule that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

finalizing the incorporation by reference 

of the regulations described in section II 

of this preamble. The EPA has made, 

and will continue to make, these 

materials generally available through 

https://www.regulations.gov and at the 

EPA Region 10 Office (please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by the EPA for inclusion in 

the SIP, have been incorporated by 

reference by the EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rule of the 

EPA’s approval, and will be 

incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.1

IV. Statutory and Executive Order 

Review 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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 


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