Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Rules and Regulations 4815 

EPA-APPROVED MISSOURI SOURCE-SPECIFIC PERMITS AND ORDERS

Name of source Order/permit No. 

State 

effective 

date 

EPA approval date Explanation 

*******

(35) Vicinity Energy—Kansas City ....... Consent Agreement No. APCP–2021– 

007.

6/25/2021 1/31/2022 [insert Federal 

Register citation].

(e) * * * 

EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS

Name of nonregulatory 

SIP revision 

Applicable geographic or 

nonattainment area 

State 

submittal 

date 

EPA approval date Explanation 

*******

(82) Jackson County 1-hour SO2

NAAQS Maintenance Plan and 

Maintenance Plan Supplement.

Jackson County ................. 2/18/2021; 

9/7/2021 

1/31/2022, [insert Federal 

Register citation].

This action approves the Maintenance Plan and the Maintenance Plan Supplement for the 

Jackson County area. 

■ 3. In § 52.1343, add paragraph (d) to 

read as follows: 

§ 52.1343 Control strategy: Sulfur dioxide. 

* * * * * 

(d) Redesignation to attainment. As of 

March 2, 2022, the Jackson County 2010 

SO2 nonattainment area is redesignated 

to attainment of the 2010 SO2 1-hour 

National Ambient Air Quality Standard 

(NAAQS) in accordance with the 

requirements of Clean Air Act (CAA) 

section 107(d)(3) and EPA has approved 

its maintenance plan and maintenance 

plan supplement as meeting the 

requirements of CAA section 175A. 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 4. The authority citation for part 81 

continues to read as follows: 

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

Subpart C—Section 107 Attainment 

Status Designations 

■ 5. In § 81.326, revise the entry 

‘‘Jackson County, MO’’ in the table 

entitled ‘‘Missouri—2010 Sulfur 

Dioxide NAAQS [Primary]’’ to read as 

follows: 

§ 81.326 Missouri. 

* * * * * 

MISSOURI—2010 SULFUR DIOXIDE NAAQS 

[Primary] 

Designated area 1

Designation 

Date 2 Type 

Jackson County, MO ............................................................................................................................................... 3/2/2022 Attainment. 

Jackson County (part). 

The portion of Jackson County bounded by I–70/I–670 and the Missouri River to the north; and, to the west of 

I–435 to the state line separating Missouri and Kansas.

* * * * * * * 

1Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian 

country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country. 2This date is April 9, 2018, unless otherwise noted. 

* * * * * 

[FR Doc. 2022–01649 Filed 1–28–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary of the Interior 

43 CFR Part 10 

[NPS–WASO–NAGPRA–33240; 

PPWOVPADU0/PPMPRLE1Y.Y00000] 

RIN 1024–AE69 

Civil Penalties Inflation Adjustments 

AGENCY: Office of the Secretary, Interior. 

ACTION: Final rule. 

SUMMARY: This rule revises U.S. 

Department of the Interior regulations 

implementing the Native American 

Graves Protection and Repatriation Act 

to provide for annual adjustments of 

civil penalties to account for inflation 

under the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 and Office of Management 

and Budget guidance. The purpose of 


khammond on DSKJM1Z7X2PROD with RULES
4816 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Rules and Regulations 

these adjustments is to maintain the 

deterrent effect of civil penalties and to 

further the policy goals of the 

underlying statute. 

DATES: This rule is effective on January 

31, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Melanie O’Brien, Manager, National 

NAGPRA Program, (202) 354–2204, 

National Park Service, 1849 C Street 

NW, Washington, DC 20240. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 2, 2015, the President 

signed into law the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (Sec. 701 of 

Pub. L. 114–74) (‘‘the Act’’). The Act 

requires Federal agencies to adjust the 

level of civil monetary penalties 

annually for inflation no later than 

January 15 of each year. 

II. Calculation of Annual Adjustments 

The Office of Management and Budget 

(OMB) recently issued guidance to assist 

Federal agencies in implementing the 

annual adjustments required by the Act 

which agencies must complete by 

January 15, 2022. See December 15, 

2021, Memorandum for the Heads of 

Executive Departments and Agencies, 

from Shalanda D. Young, Acting 

Director, Office of Management and 

Budget, re: Implementation of Penalty 

Inflation Adjustments for 2022, 

Pursuant to the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 (M–22–07). The guidance 

states that the cost-of-living adjustment 

multiplier for 2022, based on the 

Consumer Price Index (CPI–U) for the 

month of October 2021, not seasonally 

adjusted, is 1.06222. (The annual 

inflation adjustments are based on the 

percent change between the October 

CPI–U preceding the date of the 

adjustment, and the prior year’s October 

CPI–U.) The guidance instructs agencies 

to complete the 2022 annual adjustment 

by multiplying each applicable penalty 

by the multiplier, 1.06222, and 

rounding to the nearest dollar. 

The annual adjustment applies to all 

civil monetary penalties with a dollar 

amount that are subject to the Act. A 

civil monetary penalty is any 

assessment with a dollar amount that is 

levied for a violation of a Federal civil 

statute or regulation, and is assessed or 

enforceable through a civil action in 

Federal court or an administrative 

proceeding. 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. This final rule adjusts 

the following civil monetary penalties 

contained in the Department regulations 

implementing the Native American 

Graves Protection and Repatriation Act 

(NAGPRA) for 2022 by multiplying 

1.06222 by each penalty amount as 

updated by the adjustment made in 

2021: 

CFR citation Description of the penalty 

Current 

penalty 

including 

catch-up 

adjustment 

Annual 

adjustment 

(multiplier) 

Adjusted 

penalty 

43 CFR 10.12(g)(2) ......................................... Failure of Museum to Comply ........................ $7,037 1.06222 $7,475 

43 CFR 10.12(g)(3) ......................................... Continued Failure to Comply Per Day ........... 1,408 1.06222 1,496 

Consistent with the Act, the adjusted 

penalty levels for 2022 will take effect 

immediately upon the effective date of 

the adjustment. The adjusted penalty 

levels for 2022 will apply to penalties 

assessed after that date including, if 

consistent with agency policy, 

assessments associated with violations 

that occurred on or after November 2, 

2015. The Act does not, however, 

change previously assessed penalties 

that the Department is collecting or has 

collected. Nor does the Act change an 

agency’s existing statutory authorities to 

adjust penalties. 

III. Procedural Requirements 

A. Regulatory Planning and Review 

(E.O. 12866 and 13563) 

Executive Order 12866 provides that 

the Office of Information and Regulatory 

Affairs in the Office of Management and 

Budget will review all significant rules. 

The Office of Information and 

Regulatory Affairs has determined that 

this rule is not significant. 

Executive Order 13563 reaffirms the 

principles of E.O. 12866 while calling 

for improvements in the nation’s 

regulatory system to promote 

predictability, to reduce uncertainty, 

and to use the best, most innovative, 

and least burdensome tools for 

achieving regulatory ends. The 

executive order directs agencies to 

consider regulatory approaches that 

reduce burdens and maintain flexibility 

and freedom of choice for the public 

where these approaches are relevant, 

feasible, and consistent with regulatory 

objectives. E.O. 13563 emphasizes 

further that regulations must be based 

on the best available science and that 

the rulemaking process must allow for 

public participation and an open 

exchange of ideas. We have developed 

this rule in a manner consistent with 

these requirements. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

requires an agency to prepare a 

regulatory flexibility analysis for rules 

unless the agency certifies that the rule 

will not have a significant economic 

impact on a substantial number of small 

entities. The RFA applies only to rules 

for which an agency is required to first 

publish a proposed rule. See 5 U.S.C. 

603(a) and 604(a). The RFA does not 

apply to this final rule because the 

Office of the Secretary is not required to 

publish a proposed rule for the reasons 

explained below in Section III.L. 

C. Congressional Review Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the CRA. This rule: 

(a) Does not have an annual effect on 

the economy of $100 million or more. 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

(c) Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

D. Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

tribal governments, or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 

unique effect on State, local, or tribal 

governments or the private sector. A 

statement containing the information 

required by the Unfunded Mandates 

Reform Act (2 U.S.C. 1531 et seq.) is not 

required. 

E. Takings (E.O. 12630) 

This rule does not effect a taking of 

private property or otherwise have 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Rules and Regulations 4817 

taking implications under Executive 

Order 12630. A takings implication 

assessment is not required. 

F. Federalism (E.O. 13132) 

Under the criteria in section 1 of 

Executive Order 13132, this rule does 

not have sufficient federalism 

implications to warrant the preparation 

of a federalism summary impact 

statement. A federalism summary 

impact statement is not required. 

G. Civil Justice Reform (E.O. 12988) 

This rule complies with the 

requirements of E. O. 12988. 

Specifically, this rule: 

(a) Meets the criteria of section 3(a) 

requiring that all regulations be 

reviewed to eliminate errors and 

ambiguity and be written to minimize 

litigation; and 

(b) Meets the criteria of section 3(b)(2) 

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

H. Consultation With Indian Tribes 

(E.O. 13175 and Departmental Policy) 

The Department of the Interior strives 

to strengthen its government-togovernment relationship with Indian 

tribes through a commitment to 

consultation with Indian tribes and 

recognition of their right to selfgovernance and tribal sovereignty. The 

Department has evaluated this rule 

under its consultation policy and under 

the criteria in Executive Order 13175 

and has determined that the rule has no 

substantial direct effects on federally 

recognized Indian tribes and that 

consultation under the Department’s 

tribal consultation policy is not 

required. 

I. Paperwork Reduction Act 

This rule does not contain 

information collection requirements, 

and a submission to the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.) is not required. We may 

not conduct or sponsor, and you are not 

required to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

J. National Environmental Policy Act 

(NEPA) 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. A 

detailed statement under the NEPA is 

not required because the rule is covered 

by a categorical exclusion. This rule is 

excluded from the requirement to 

prepare a detailed statement because it 

is a regulation of an administrative 

nature. (For further information see 43 

CFR 46.210(i).) We have also 

determined that the rule does not 

involve any of the extraordinary 

circumstances listed in 43 CFR 46.215 

that would require further analysis 

under NEPA. 

K. Effects on the Energy Supply (E.O. 

13211) 

This rule is not a significant energy 

action under the definition in Executive 

Order 13211; the rule is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy, 

and the rule has not otherwise been 

designated by the Administrator of 

Office of Information and Regulatory 

Affairs as a significant energy action. A 

Statement of Energy Effects is not 

required. 

L. Administrative Procedure Act 

The Act requires agencies to publish 

annual inflation adjustments by no later 

than January 15 of each year, 

notwithstanding section 553 of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553). OMB has interpreted this 

direction to mean that the usual 

procedure for rulemaking under the 

APA—which includes public notice of a 

proposed rule, an opportunity for public 

comment, and a delay in the effective 

date of a final rule—is not required 

when agencies issue regulations to 

implement the annual adjustments to 

civil penalties that the Act requires. 

Accordingly, we are issuing the 2021 

annual adjustments as a final rule 

without prior notice or an opportunity 

for comment and with an effective date 

immediately upon publication in the 

Federal Register. 

List of Subjects in 43 CFR Part 10 

Administrative practice and 

procedure, Hawaiian Natives, Historic 

preservation, Indians-claims, Indianslands, Museums, Penalties, Public 

lands, Reporting and recordkeeping 

requirements. 

For the reasons given in the preamble, 

the Office of the Secretary amends 43 

CFR part 10 as follows: 

PART 10—NATIVE AMERICAN 

GRAVES PROTECTION AND 

REPATRIATION REGULATIONS 

■ 1. The authority citation for part 10 

continues to read as follows: 

Authority: 16 U.S.C. 470dd; 25 U.S.C. 9, 

3001 et seq. 

§ 10.12 [Amended] 

■ 2. Amend § 10.12 by: 

■ a. In paragraph (g)(2) introductory 

text, removing ‘‘$7,037’’ and adding in 

its place ‘‘$7,475’’. 

■ b. In paragraph (g)(3), removing 

‘‘$1,408’’ and adding in its place 

‘‘$1,496’’. 

Shannon A. Estenoz, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2022–01937 Filed 1–28–22; 8:45 am] 

BILLING CODE 4312–52–P 

LEGAL SERVICES CORPORATION 

45 CFR Part 1611 

Income Level for Individuals Eligible 

for Assistance 

AGENCY: Legal Services Corporation. 

ACTION: Final rule. 

SUMMARY: The Legal Services 

Corporation (LSC) is required by law to 

establish maximum income levels for 

individuals eligible for legal assistance. 

This document updates the specified 

income levels to reflect the annual 

amendments to the Federal Poverty 

Guidelines issued by the U. S. 

Department of Health and Human 

Services (HHS). 

DATES: Effective January 31, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Karly Satkowiak, Staff Attorney, Legal 

Services Corporation, 3333 K St. NW, 

Washington, DC 20007; (202) 295–1633, 

satkowiakk@lsc.gov. 

SUPPLEMENTARY INFORMATION: Section 

1007(a)(2) of the Legal Services 

Corporation Act (Act), 42 U.S.C. 

2996f(a)(2), requires LSC to establish 

maximum income levels for individuals 

eligible for legal assistance. Section 

1611.3(c) of LSC’s regulations 

establishes a maximum income level 

equivalent to 125% of the Federal 

Poverty Guidelines (Guidelines), which 

HHS is responsible for updating and 

issuing. 45 CFR 1611.3(c). 

Each year, LSC updates appendix A to 

45 CFR part 1611 to provide client 

income eligibility standards based on 

the most recent Guidelines. The figures 

for 2022, set out below, are equivalent 

to 125% of the Guidelines published by 

HHS on January 12, 2022. 

In addition, LSC is publishing a chart 

listing income levels that are 200% of 

the Guidelines. This chart is for 

reference purposes only as an aid to 

recipients in assessing the financial 

eligibility of an applicant whose income 

is greater than 125% of the applicable 

Guidelines amount, but less than 200% 

of the applicable Guidelines amount 

(and who may be found to be financially 


khammond on DSKJM1Z7X2PROD with RULES