Federal Register / Vol. 87, No. 37 / Thursday, February 24, 2022 / Rules and Regulations 10305 

Note 1 to paragraph (g)(2): Guidance for 

accomplishing the actions required by 

paragraph (g)(2) of this AD can be found in 

Boeing Multi Operator Message MOM– 

MOM–22–0041–01B(R1), dated February 1, 

2022; Boeing Multi Operator Message MOM– 

MOM–22–0017–01B(R2), dated February 1, 

2022; Boeing Flight Crew Operations Manual 

Bulletin TBCN–28, ‘‘Radio Altimeter 

Anomalies due to 5G C-Band Wireless 

Broadband Interference in the United States,’’ 

dated January 17, 2022; Boeing Flight Crew 

Operations Manual Bulletin TBC–30 R1, 

‘‘Radio Altimeter Anomalies due to 5G CBand Wireless Broadband Interference in the 

United States,’’ dated February 4, 2022; 

Boeing Flight Crew Operations Manual 

Bulletin TBCE–32 R1, ‘‘Radio Altimeter 

Anomalies due to 5G C-Band Wireless 

Broadband Interference in the United States,’’ 

dated February 4, 2022; and Boeing Flight 

Crew Operations Manual Bulletin TBC–117 

R1, ‘‘Radio Altimeter Anomalies due to 5G CBand Wireless Broadband Interference in the 

United States,’’ dated February 4, 2022. 

(h) Alternative Methods of Compliance 

(AMOCs) 

(1) For Model 737–100, –200, –200C, –300, 

–400, and –500 series airplanes: The 

Manager, Los Angeles ACO Branch, FAA, has 

the authority to approve AMOCs for this AD, 

if requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or responsible Flight Standards Office, as 

appropriate. If sending information directly 

to the manager of the certification office, 

send it to the attention of the person 

identified in paragraph (i)(1) of this AD. 

Information may be emailed to: 9-ANMLAACO-AMOC-Requests@faa.gov. For Model 

737–600, –700, –700C, –800, –900, and 

–900ER series airplanes: The Manager, 

Seattle ACO Branch, FAA, has the authority 

to approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or 

responsible Flight Standards Office, as 

appropriate. If sending information directly 

to the manager of the certification office, 

send it to the attention of the person 

identified in paragraph (i)(2) of this AD. 

Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the responsible Flight Standards Office. 

(3) AMOCs approved for AD 2021–23–12, 

Amendment 39–21810 (86 FR 69984, 

December 9, 2021) providing relief for 

specific radio altimeter installations are 

approved as AMOCs for the provisions of this 

AD. 

(i) Related Information 

(1) For more information about this AD for 

Model 737–100, –200, –200C, –300, –400, 

and –500 series airplanes, contact Jeffrey W. 

Palmer, Aerospace Engineer, Systems and 

Equipment Section, FAA, Los Angeles ACO 

Branch, 3960 Paramount Boulevard, 

Lakewood, CA 90712–4137; phone: 562–627– 

5351; email: jeffrey.w.palmer@faa.gov. 

(2) For more information about this AD for 

Model 737–600, –700, –700C, –800, –900, 

and –900ER series airplanes, contact Dean 

Thompson, Senior Aerospace Engineer, 

Systems and Equipment Section, FAA, 

Seattle ACO Branch, 2200 South 216th St., 

Des Moines, WA 98198; phone and fax: 206– 

231–3165; email: dean.r.thompson@faa.gov. 

(3) For service information identified in 

this AD that is not incorporated by reference, 

contact Boeing Commercial Airplanes, 

Attention: Contractual & Data Services 

(C&DS), 2600 Westminster Blvd., MC 110 

SK57, Seal Beach, CA 90740–5600; telephone 

562–797–1717; internet https://

www.myboeingfleet.com. 

(j) Material Incorporated by Reference 

None. 

Issued on February 16, 2022. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–03967 Filed 2–22–22; 11:15 am] 

BILLING CODE 4910–13–C 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

23 CFR Part 1 

[RIN 2125–AG04] 

Diversion of Highway Revenues; 

Removal of Obsolete Regulation 

Correction 

In rule document 2022–03173 

appearing on pages 8411–8413 in the 

issue of Tuesday, February 15, 2022, 

make the following change. On page 

8413, in column 1, in lines 15–20, the 

words of issuance and regulatory 

instructions should read as follows 

(which removes 23 § CFR 1.28 instead of 

23 CFR part 1): 

In consideration of the foregoing, 

FHWA amends 23 CFR part 1 as 

follows: 

PART 1—GENERAL 

■ 1. The authority citation for part 1 

continues to read as follows: 

Authority: 23 U.S.C. 315, 49 CFR 1.48(b). 

§ 1.28 [Removed and Reserved] 

■ 2. Section 1.28 is removed and 

reserved. 

[FR Doc. C1–2022–03173 Filed 2–23–22; 8:45 am] 

BILLING CODE 0099–10–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9960] 

RIN 1545–BP79 

Guidance Under Section 958 on 

Determining Stock Ownership; 

Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Final regulations; correction. 

SUMMARY: This document contains 

corrections to the final regulations 

(Treasury Decision 9960), published in 

the Federal Register on Tuesday, 

January 25, 2022. The final regulations 

regarding the treatment of domestic 

partnerships for purposes of 

determining amounts included in the 

gross income of their partners with 

respect to foreign corporations. 

DATES: These corrections are effective 

on February 24, 2022, and applicable on 

or after January 25, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Edward J. Tracy at (202) 317–6934 (not 

a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The final regulations (TD 9960) 

subject to this correction are issued 

under section 951 of the Internal 

Revenue Code. 

Need for Correction 

As published, the final regulations 

(TD 9960), contain errors that need to be 

corrected. 

Correction of Publication 

Accordingly, the final regulation (TD 

9960), that are the subject of FR Doc. 

2022–00066, published on January 25, 

2022 (87 FR 3648), are corrected to read 

as follows: 

On page 3652, the third column, the 

thirty-second line through the fortythird line from the top of the first full 

paragraph is corrected to read ‘‘year 

ending December 31, 2023. Accordingly, 

for their taxable year ending December 

31, 2023, the U.S. shareholder partners 

would have a distributive share of the 

partnership’s section 951 inclusion for 

the CFC’s taxable year ending December 

31, 2022 (for the U.S. shareholder 

partnership’s taxable year ending June 

30, 2023) and would also have a direct 

section 951 inclusion for the CFC’s 


jspears on DSK121TN23PROD with RULES1
10306 Federal Register / Vol. 87, No. 37 / Thursday, February 24, 2022 / Rules and Regulations 

taxable year ending December 31, 

2023.’’ 

Oluwafunmilayo A. Taylor, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel, (Procedure and Administration). 

[FR Doc. 2022–03612 Filed 2–23–22; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Safety and Environmental 

Enforcement 

30 CFR Part 250 

[Docket ID: BSEE–2022–0002; 223E1700D2 

EEEE500000 ET1SF0000.EAQ000] 

RIN 1014–AA55 

Oil and Gas and Sulfur Operations on 

the Outer Continental Shelf—Civil 

Penalty Inflation Adjustment 

AGENCY: Bureau of Safety and 

Environmental Enforcement, Interior. 

ACTION: Final rule. 

SUMMARY: This final rule adjusts the 

level of the maximum daily civil 

monetary penalty contained in the 

Bureau of Safety and Environmental 

Enforcement (BSEE) regulations for 

violations of the Outer Continental Shelf 

Lands Act (OCSLA), in accordance with 

the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 and Office of Management and 

Budget (OMB) guidance. The civil 

penalty inflation adjustment, using a 

1.06222 multiplier, accounts for one 

year of inflation based on the Consumer 

Price Index (CPI) spanning from October 

2020 to October 2021. 

DATES: This rule is effective on February 

24, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Janine Marie Tobias, Safety and 

Enforcement Division, Bureau of Safety 

and Environmental Enforcement, (202) 

208–4657 or by email: regs@bsee.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Legal Authority 

The OCSLA, at 43 U.S.C. 1350(b)(1), 

directs the Secretary of the Interior 

(Secretary) to adjust the OCSLA 

maximum daily civil penalty amount at 

least once every three years to reflect 

any increase in the CPI to account for 

inflation. 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) (FCPIA of 2015). The 

FCPIA of 2015 required Federal 

agencies to adjust the level of civil 

monetary penalties found in their 

regulations with an initial ‘‘catch-up’’ 

adjustment through rulemaking, if 

warranted, and then to make subsequent 

annual adjustments for inflation. The 

purpose of these adjustments is to 

maintain the deterrent effect of civil 

penalties and to further the policy goals 

of the underlying statutes. Agencies 

were required to publish the first annual 

inflation adjustments in the Federal 

Register by no later than January 15, 

2017, and must publish recurring 

annual inflation adjustments by no later 

than January 15 of each subsequent 

year. 

BSEE last updated the maximum 

daily civil penalty amounts in BSEE’s 

regulations for OCSLA violations by a 

final rule published and effective on 

May 4, 2021. (See 86 FR 23606). 

Consistent with OMB guidance, the 

2021 final rule implemented the 

inflation adjustments required by the 

FCPIA of 2015 through October 2020. 

The OMB Memorandum M–22–07 

(Implementation of Penalty Inflation 

Adjustments for 2022, Pursuant to the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015; available at https://

www.whitehouse.gov/wp-content/ 

uploads/2021/12/M-22-07.pdf) explains 

agency responsibilities for: Identifying 

applicable penalties and performing the 

annual adjustment; publishing revisions 

to regulations to implement the 

adjustment in the Federal Register; 

applying adjusted penalty levels; and 

performing agency oversight of inflation 

adjustments. 

BSEE is promulgating this 2022 

inflation adjustment for the OCSLA 

maximum daily civil penalties as a final 

rule pursuant to the provisions of the 

FCPIA of 2015 and OMB’s guidance. A 

proposed rule is not required because 

the FCPIA of 2015 expressly exempted 

the annual inflation adjustments 

implemented pursuant to the FCPIA of 

2015 from the pre-promulgation notice 

and comment requirements of the 

Administrative Procedure Act, 5 U.S.C. 

553 et seq. (the APA), allowing those 

adjustments to be published directly as 

final rules. Specifically, the FCPIA of 

2015 states that agencies shall adjust 

civil monetary penalties 

‘‘notwithstanding Section 553 of the 

Administrative Procedure Act.’’ (FCPIA 

of 2015 at § 4(b)(2)). This interpretation 

of the FCPIA of 2015 is confirmed by 

OMB Memorandum M–22–07 at 3–4 

(‘‘This means that the public procedure 

the APA generally requires—notice, an 

opportunity for comment, and a delay in 

effective date—is not required for 

agencies to issue regulations 

implementing the annual adjustment.’’). 

II. Calculation of Adjustments 

In accordance with the FCPIA of 2015 

and the guidance provided in OMB 

Memorandum M–22–07, BSEE has 

calculated the necessary inflation 

adjustment for the maximum daily civil 

monetary penalty amount in 30 CFR 

250.1403 for violations of OCSLA. The 

previous OCSLA civil penalty inflation 

adjustment accounted for inflation 

through October 2020. The required 

annual civil penalty inflation 

adjustment promulgated through this 

rule accounts for inflation through 

October 2021. 

Annual inflation adjustments are 

based on the percent change between 

the CPI for all Urban Consumers (CPI– 

U) for the October preceding the date of 

the adjustment, and the prior year’s 

October CPI–U. Consistent with the 

guidance in OMB Memorandum M–22– 

07, BSEE divided the October 2021 

CPI–U by the October 2020 CPI–U to 

calculate the multiplying factor. In this 

case, the October 2021 CPI–U (276.589) 

divided by the October 2020 CPI–U 

(260.388) is 1.06222. OMB 

MemorandumM–22–07 confirms that 

this is the proper multiplier. (OMB 

Memorandum M–22–07 at 1 & n.4). 

The FCPIA of 2015 requires that BSEE 

adjust the OCSLA maximum daily civil 

penalty amount for inflation using the 

applicable 2022 multiplier (1.06222). 

Accordingly, BSEE multiplied the 

existing OCSLA maximum daily civil 

penalty amount ($46,000) by 1.06222 to 

arrive at the new maximum daily civil 

penalty amount ($48,862.12). The 

FCPIA of 2015 requires that the 

resulting amount be rounded to the 

nearest $1.00 at the end of the 

calculation process. Accordingly, the 

adjusted OCSLA maximum daily civil 

penalty for 2022 is $48,862. 

The adjusted penalty levels take effect 

immediately upon publication of this 

rule. Pursuant to the FCPIA of 2015, the 

increase in the OCSLA maximum daily 

civil penalty amount applies to civil 

penalties assessed after the date the 

increase takes effect, even when the 

associated violation(s) predates such 

increase. Consistent with the provisions 

of OCSLA and the FCPIA of 2015, this 

rule adjusts the following maximum 

civil monetary penalty per day per 

violation as follows: 


jspears on DSK121TN23PROD with RULES1