Federal Register / Vol. 87, No. 76 / Wednesday, April 20, 2022 / Rules and Regulations 23447 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves the 

establishment of a safety zone lasting 

thirty minutes that prohibits entry on all 

navigable waters of the Ohio River 

between MM 469.0 and 470.0. It is 

categorically excluded from further 

review under paragraph L60 of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.2. 

■ 2. Add § 165.T08–0277 to read as 

follows: 

§ 165.T08–0277 Safety Zone, Ohio River, 

Cincinnati, OH. 

(a) Location. All navigable waters of 

the Ohio River between MM 469.0 and 

470.0 Cincinnati, OH. 

(b) Period of enforcement. This 

section will be enforced on May 7, 2022 

from 9:30 p.m. until 10 p.m. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Sector Ohio Valley (COTP) or a 

designated representative, Persons or 

vessels desiring to enter into or pass 

through the zone must request 

permission from the COTP or a 

designated representative. They may be 

contacted on VHF–FM radio channel 16 

or phone at 1–800–253–7465. 

(2) Persons and vessel permitted to 

deviate from this safety zone regulation 

and enter the restricted are must transit 

at the slowest safe speed and comply 

with all lawful directions issued by the 

COTP or a designated representative. 

(d) Informational broadcasts. The 

COTP or a designated representative 

will inform the public through Local 

Notice to Mariners and Broadcast Notice 

to Mariners of the enforcement period 

for the temporary safety zone as well as 

any changes in the planned schedule. 

Dated: April 14, 2022. 

A.M. Beach, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Ohio Valley. 

[FR Doc. 2022–08433 Filed 4–19–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0661] 

RIN 1625–AA11 

Regulated Navigation Area; Offshore, 

Cape Canaveral, Florida 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a regulated navigation area 

(RNA) for rocket launch vehicles 

originating from Cape Canaveral, FL. 

The RNA will encompass all waters 

within typical rocket flight trajectories 

originating from launch complexes on 

or around Cape Canaveral, FL, and out 

to 12 nautical miles. The RNA is 

necessary to ensure the safety of vessels, 

mariners and navigable waters during 

scheduled rocket launch vehicle 

operations. An notice of proposed 

rulemaking (NPRM) and supplemental 

notice of proposed rulemaking (SNPRM) 

were conducted to allow for public 

comment on the rule. The SNPRM 

considered the comments from the 

NPRM, and made several minor 

revisions, which included revisions that 

expanded the list of RNA exclusion 

zones. 

DATES: This rule is effective May 20, 

2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0661 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Junior Grade 

Stephanie Miranda, District 7 

Waterways Division (dpw), U.S. Coast 

Guard; telephone (305) 415–6748, email 

Stephanie.L.Miranda@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

SNPRM Supplemental notice of proposed 

rulemaking 

§ Section 

U.S.C. United States Code 

MOC Merril Operations Center 

SLD 45 U.S. Space Launch Delta 45 

COTP Captain of the Port 

WGS 1984 World Geodetic System 1984 

II. Background Information and 

Regulatory History 

On September 17, 2021, the Coast 

Guard published a notice of proposed 

rulemaking entitled ‘‘Regulated 

Navigation Area; Offshore, Cape 

Canaveral, Florida’’ in the Federal 

Register (86 FR 51845) in order to 

replace the existing safety zone in 33 

CFR 165.775 with a regulated navigation 

area (RNA). During the comment period 

on the NPRM that ended on October 18, 

2021, we received three comments. 

On January 7, 2022, the Coast Guard 

published a supplemental notice of 

proposed rulemaking (SNPRM) in the 

Federal Register (87 FR 916). Section III 

of the SNPRM provides a summary of 

the comments and the Coast Guard’s 


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responses to those comments. The 

SNPRM revised the regulatory text from 

the original NPRM to expand the list of 

RNA exclusionary zones to include 

additional missions which are expected 

to be conducted. The SNPRM also 

included the Captain of the Port’s 

(COTP) consideration of analysis from 

U.S. Space Launch Delta 45 (SLD 45) 

when activating an RNA exclusionary 

zone. No other changes were made in 

the SNPRM. The comment period on the 

SNPRM closed on March 16, 2022. No 

comments were submitted on the 

SNPRM. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Seventh District Commander and the 

Captain of the Port Jacksonville have 

determined that potential hazards 

associated with rocket launches from 

Cape Canaveral, FL, display a safety 

concern for anyone within the perimeter 

of the RNA exclusionary zones. The 

RNA will only be activated a reasonable 

time before a launch and deactivated 

once the area is no longer hazardous. 

The purpose of this rule is to ensure 

safety of vessels, mariners, and the 

navigable waters in the RNA before, 

during, and after the scheduled event. 

IV. Discussion of Comments, Changes, 

and the Rule 

We received no comments on our 

SNPRM published January 7, 2022. In 

the final rule, the Coast Guard is making 

one change. The Coast Guard is revising 

§ 165.775(b) ‘‘Definitions’’ to clarify that 

the Coast Guard representative in the 

Merril Operations Center (MOC) is a 

designated representative of the COTP. 

The final rule establishes an RNA in 

the following areas: All waters offshore 

Cape Canaveral from surface to bottom, 

encompassed by a line connecting the 

following points beginning with Point 1 

at 28°48′54′′ N, 80°28′40′′ W; thence 

southwest to Point 2 at 28°43′20′′ N, 

80°41′00′′ W; thence south along the 

shoreline to Point 3 at 28°25′18′′ N, 

80°34′43′′ W; thence continuing south 

offshore to Point 4 at 28°11′00′′ N, 

80°29′00′′ W; thence east to Point 5 at 

28°10′00′′ N, 80°21′13′′ W; thence north 

along the 12 nautical mile line back to 

Point 1. Coordinates are in the World 

Geodetic System 1984 (WGS 1984). 

These coordinates are based on the 

furthest north and south trajectories of 

typical rocket launch vehicles 

originating from Cape Canaveral. In 

addition, there are five launch hazard 

areas in which the majority of rocket 

launches will fall and are meant to alert 

mariners to the general areas in which 

launches will occur. We list the 

coordinates and locations of the five 

launch hazard areas in the regulatory 

text of this RNA. 

When the RNA is deemed activated, 

the COTP or a designated representative 

will be able to restrict vessel movement 

including but not limited to transiting, 

anchoring, or mooring within this RNA 

to protect vessels from hazards 

associated with rocket launches. Active 

restrictions are based on mission 

specific launch exclusion areas 

provided by the SLD 45, are temporary 

in nature, and would only be enacted 

and enforced prior to and just after a 

launch. The COTP would be able to 

activate any single area, a combination 

of areas, or establish areas within the 

RNA boundary area as warranted by 

specific risks posed by individual 

launches. The determination of risk 

would be at the discretion of the COTP 

and informed by the mission specific 

launch exclusion areas provided by SLD 

45. 

The COTP will inform the public of 

the activation or status of the RNA and 

specific exclusion areas, by Broadcast 

Notice to Mariners on VHF–FM channel 

16, Public Notice of Enforcement, onscene presence, and by the display of a 

yellow ball from a 90-foot pole near the 

shoreline. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,′′ under 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 

Office of Management and Budget 

(OMB). 

The RNA will operate in a similar 

way to the existing safety zone, but will 

reduce the size of exclusionary areas for 

each specific rocket launch. We expect 

the economic impact of this rule to be 

so minimal that a full regulatory 

evaluation is unnecessary. The RNA 

will only be activated a reasonable time 

before a launch and deactivated once 

the area is no longer hazardous. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities′′ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

The total time of the RNA activation 

and thus restriction to the public is 

expected to be approximately one hour 

per launch. Vessels would be able to 

transit around the activated RNA 

locations during these launches. We do 

not anticipate any significant economic 

impact resulting from activation of the 

RNA. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency′s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 


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Federal Register / Vol. 87, No. 76 / Wednesday, April 20, 2022 / Rules and Regulations 23449 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves the 

activation of a RNA with smaller 

exclusionary zones. The activation of 

the RNA is expected to be an hour total 

per occurrence. It is categorically 

excluded from further review under 

paragraph L60(a) of Appendix A, Table 

1 of DHS Instruction Manual 023–01– 

001–01, Rev. 1. A Record of 

Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.2. 

■ 2. Revise § 165.775 to read as follows: 

§ 165.775 Regulated Navigation Area; 

Launch Area Offshore Cape Canaveral, FL. 

(a) Location. (1) The following area is 

a regulated navigation area (RNA): All 

waters offshore Cape Canaveral from 

surface to bottom, encompassed by a 

line connecting the following points 

beginning with Point 1 at 28°48′54′′ N, 

80°28′40′′ W; thence southwest to Point 

2 at 28°43′20′′ N, 80°41′00′′ W; thence 

south along the shoreline to Point 3 at 

28°25′18′′ N, 80°34′43′′ W; thence 

continuing south offshore to Point 4 at 

28°11′00′′ N, 80°29′00′′ W; thence east to 

Point 5 at 28°10′00′′ N, 80°21′13′′ W; 

thence north along the 12 nautical mile 

line back to Point 1. Coordinates are in 

World Geodetic System (WGS) 1984. 

These coordinates are based on the 

furthest north and south trajectories of 

typical rocket launch vehicles 

originating from Cape Canaveral. 

(2) Restrictions may be enforced 

anywhere within the boundaries of the 

RNA. Restrictions will be based on the 

risk assessment of the Captain of the 

Port Jacksonville and informed by the 

mission specific launch exclusion areas 

provided by U.S. Space Launch Delta 45 

(SLD 45). There are five launch hazard 

areas that cover rocket launches. Launch 

hazard areas include all navigable 

waters within the following coordinates, 

encompassed by a line starting at Point 

1 connecting the following points: 

(i) Northeast Launch Hazard Area. 

TABLE 1 TO PARAGRAPH (a)(2)(i) 

Point 1 ...... 28°47′47′′ N 080°27′48′′ W 

Point 2 ...... 28°42′18′′ N 080°34′55′′ W 

Point 3 ...... 28°39′13′′ N 080°37′49′′ W 

Point 4 ...... 28°32′29′′ N 080°33′53′′ W 

Point 5 ...... 28°34′00′′ N 080°29′00′′ W 

Point 6 ...... 28°39′43′′ N 080°21′57′′ W 

(ii) East Northeast Launch Hazard 

Area. 

TABLE 2 TO PARAGRAPH (a)(2)(ii) 

Point 1 ...... 28°43′53′′ N 080°24′50′′ W 

Point 2 ...... 28°36′10′′ N 080°35′20′′ W 

Point 3 ...... 28°31′46′′ N 080°33′40′′ W 

Point 4 ...... 28°34′42′′ N 080°28′40′′ W 

Point 5 ...... 28°40′45′′ N 080°22′28′′ W 

(iii) Large East Launch Hazard Area. 

TABLE 3 TO PARAGRAPH (a)(2)(iii) 

Point 1 ...... 28°40′32′′ N 080°22′21′′ W 

Point 2 ...... 28°39′14′′ N 080°37′48′′ W 

Point 3 ...... 28°27′00′′ N 080°31′55′′ W 

Point 4 ...... 28°27′35′′ N 080°18′27′′ W 

(iv) Small East Launch Hazard Area. 

TABLE 4 TO PARAGRAPH (a)(2)(iv) 

Point 1 ...... 28°39′42′′ N 080°21′56′′ W 

Point 2 ...... 28°39′00′′ N 080°31′00′′ W 

Point 3 ...... 28°38′00′′ N 080°36′58′′ W 

Point 4 ...... 28°32′00′′ N 080°33′45′′ W 

Point 5 ...... 28°31′51′′ N 080°20′41′′ W 

(v) Southeast Launch Hazard Area. 

TABLE 5 TO PARAGRAPH (a)(2)(v) 

Point 1 ...... 28°37′00′′ N 080°29′00′′ W 

Point 2 ...... 28°35′48′′ N 080°34′59′′ W 

Point 3 ...... 28°25′18′′ N 080°34′43′′ W 

Point 4 ...... 28°11′00′′ N 080°29′00′′ W 

Point 5 ...... 28°10′00′′ N 080°21′13′′ W 

Point 6 ...... 28°19′36′′ N 080°23′10′′ W 

Point 7 ...... 28°22′11′′ N 080°20′17′′ W 

(b) Definitions. The following 

definition applys to this section: 

Designated representative means 

Coast Guard Patrol Commanders 

including Coast Guard coxswains, petty 

officers and other officers operating 

Coast Guard vessels, Coast Guard 

Representatives in the Merril Operations 

Center, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port (COTP) Jacksonville 

in the enforcement of the RNA. 

(c) Regulations. (1) The COTP 

Jacksonville or a designated 

representative may restrict vessel 

movement including but not limited to 


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23450 Federal Register / Vol. 87, No. 76 / Wednesday, April 20, 2022 / Rules and Regulations 

1 If a statute that created a penalty is amended to 

change the penalty amount, the Department does 

not adjust the penalty in the year following the 

adjustment. 

transiting, anchoring, or mooring within 

this RNA to protect vessels from hazards 

associated with rocket launches. These 

restrictions are temporary in nature and 

will only be enacted and enforced prior 

to and just after a launch. 

(2) The COTP Jacksonville may 

activate restrictions within any single 

area, a combination of areas, or establish 

ad hoc areas within the RNA boundary 

area. Activation of prescribed or ad hoc 

Launch Hazard Areas will be based on 

the risk assessment of the Captain of the 

Port Jacksonville and informed by the 

mission specific launch exclusion areas 

provided by SLD 45 to account for the 

specific risks posed by individual 

launches. 

(d) Notice of activation of RNA. The 

COTP Jacksonville will inform the 

public of the activation or status of the 

RNA and specific exclusion areas, by 

Broadcast Notice to Mariners on VHF– 

FM channel 16, Public Notice of 

Enforcement, on-scene presence, and by 

the display of a yellow ball from a 90- 

foot pole near the shoreline at 

approximately 28°35′00′′ N, 080°34′36′′ 

W and from a 90-foot pole near the 

shoreline at approximately 28°55′18′′ N, 

080°35′00′′ W. Coast Guard assets or 

other Federal, State, or local law 

enforcement assets will be clearly 

identified by lights, markings, or with 

agency insignia. 

(e) Contact information. The COTP 

Jacksonville may be reached by 

telephone at (904) 564–7513. Any onscene Coast Guard or designated 

representative assets may be reached on 

VHF–FM channel 16. 

Dated: April 12, 2022. 

Brendan C. McPherson, 

Rear Admiral, Commander, Coast Guard 

Seventh District. 

[FR Doc. 2022–08332 Filed 4–19–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Parts 36 and 668 

RIN 1801–AA23 

Adjustment of Civil Monetary Penalties 

for Inflation 

AGENCY: Department of Education. 

ACTION: Final regulations. 

SUMMARY: The Department of Education 

(Department) issues these final 

regulations to adjust the Department’s 

civil monetary penalties (CMPs) for 

inflation. This adjustment is required by 

the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (2015 Act), which amended the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 (Inflation 

Adjustment Act). These final regulations 

provide the 2022 annual inflation 

adjustments being made to the penalty 

amounts in the Department’s final 

regulations published in the Federal 

Register on February 3, 2021 (2021 final 

rule). 

DATES: These regulations are effective 

April 20, 2022. The adjusted CMPs 

established by these regulations are 

applicable only to civil penalties 

assessed after April 20, 2022 whose 

associated violations occurred after 

November 2, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Rhondalyn Primes Okoroma, U.S. 

Department of Education, Office of the 

General Counsel, 400 Maryland Avenue 

SW, Room 6C150, Washington, DC 

20202–2241. Telephone: (202) 453– 

6444. Email: rhondalyn.okoroma@

ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service, toll free, at 1–800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

A CMP is defined in the Inflation 

Adjustment Act (28 U.S.C. 2461 note) as 

any penalty, fine, or other sanction that 

is (1) for a specific monetary amount as 

provided by Federal law, or has a 

maximum amount provided for by 

Federal law; (2) assessed or enforced by 

an agency pursuant to Federal law; and 

(3) assessed or enforced pursuant to an 

administrative proceeding or a civil 

action in the Federal courts. 

The Inflation Adjustment Act 

provides for the regular evaluation of 

CMPs to ensure that they continue to 

maintain their deterrent value. The 

Inflation Adjustment Act required that 

each agency issue regulations to adjust 

its CMPs beginning in 1996 and at least 

every four years thereafter. The 

Department published its most recent 

cost adjustment to its CMPs in the 

Federal Register on February 3, 2021 

(86 FR 7974), and those adjustments 

became effective on the date of 

publication. 

The 2015 Act (section 701 of Pub. L. 

114–74) amended the Inflation 

Adjustment Act to improve the 

effectiveness of CMPs and to maintain 

their deterrent effect. 

The 2015 Act requires agencies to: (1) 

Adjust the level of CMPs with an initial 

‘‘catch-up’’ adjustment through an 

interim final rule (IFR); and (2) make 

subsequent annual adjustments for 

inflation. Catch-up adjustments are 

based on the percentage change between 

the Consumer Price Index for all Urban 

Consumers (CPI–U) for the month of 

October in the year the penalty was last 

adjusted by a statute other than the 

Inflation Adjustment Act, and the 

October 2015 CPI–U. Annual inflation 

adjustments are based on the percentage 

change between the October CPI–U 

preceding the date of each statutory 

adjustment, and the prior year’s October 

CPI–U.1 The Department published an 

IFR with the initial ‘‘catch-up’’ penalty 

adjustment amounts on August 1, 2016 

(81 FR 50321). 

In these final regulations, based on 

the CPI–U for the month of October 

2021, not seasonally adjusted, we are 

annually adjusting each CMP amount by 

a multiplier for 2022 of 1.06222, as 

directed by the Office of Management 

and Budget (OMB) Memorandum No. 

M–22–07 issued on December 15, 2021. 

The Department’s Civil Monetary 

Penalties 

The following analysis calculates new 

CMPs for penalty statutes in the order 

in which they appear in 34 CFR 36.2. 

The penalty amounts are being adjusted 

up based on the multiplier of 1.06222 

provided in OMB Memorandum No. M– 

22–07. 

Statute: 20 U.S.C. 1015(c)(5). 

Current Regulations: The CMP for 20 

U.S.C. 1015(c)(5) (Section 131(c)(5) of 

the Higher Education Act of 1965, as 

amended (HEA)), as last set out in 

statute in 1998 (Pub. L. 105–244, title I, 

section 101(a), October 7, 1998, 112 

Stat. 1602), is a fine of up to $25,000 for 

failure by an institution of higher 

education (IHE) to provide information 

on the cost of higher education to the 

Commissioner of Education Statistics. In 

the 2021 final rule, we increased this 

amount to $39,693. 

New Regulations: The new penalty for 

this section is $42,163. 

Reason: Using the multiplier of 

1.06222 from OMB Memorandum No. 

M–22–07, the new penalty is calculated 

as follows: $39,693 × 1.06222 = 

$42,162.69, which makes the adjusted 

penalty $42,163, when rounded to the 

nearest dollar. 

Statute: 20 U.S.C. 1022d(a)(3). 

Current Regulations: The CMP for 20 

U.S.C. 1022d(a)(3) (Section 205(a)(3) of 

the HEA), as last set out in statute in 

2008 (Pub. L. 110–315, title II, section 

201(2), August 14, 2008, 122 Stat. 3147), 

is a fine of up to $27,500 for failure by 

an IHE to provide information to the 

State and the public regarding its 


khammond on DSKJM1Z7X2PROD with RULES