27512 Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 

Environmental Impacts: Policies and 

Procedures, paragraph 5–6.5a, which 

categorically excludes from further 

environmental impact review 

rulemaking actions that designate or 

modify classes of airspace areas, 

airways, routes, and reporting points 

(see 14 CFR part 71, Designation of 

Class A, B, C, D, and E Airspace Areas; 

Air Traffic Service Routes; and 

Reporting Points). As such, this action 

is not expected to result in any 

potentially significant environmental 

impacts. In accordance with FAA Order 

1050.1F, paragraph 5–2 regarding 

Extraordinary Circumstances, the FAA 

has reviewed this action for factors and 

circumstances in which a normally 

categorically excluded action may have 

a significant environmental impact 

requiring further analysis. Accordingly, 

the FAA has determined that no 

extraordinary circumstances exist that 

warrant preparation of an 

environmental assessment or 

environmental impact study for this 

rulemaking action. On May 31, 2019, in 

accordance with FAA Order 1050.1F, 

Environmental Impacts: Policies and 

Procedures, Paragraph 8–2, Adoption of 

Other Agencies’ NEPA Documents, the 

FAA finalized its adoption 

Environmental Assessment of the 

Army’s Establishment of Restricted Area 

Airspace (R-) 4102A/B at U.S. Army 

Garrison Fort Devens, Final 

Environmental Assessment of Airspace 

Change Proposal at U.S. Army Garrison 

Fort Devens, Massachusetts. The Army’s 

Final EA analyzed the potential 

environmental impacts of the proposed 

establishment of additional restricted 

area airspace in support of the Army’s 

training exercises. The additional 

restricted area airspace would lower the 

risk of encountering non-participating 

aircraft during those exercises. No 

changes to the types of aircraft or types 

and number of operations conducted 

within the airspace were proposed. 

List of Subjects in 14 CFR Part 73 

Airspace, Prohibited areas, Restricted 

areas. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 73 as follows: 

PART 73—SPECIAL USE AIRSPACE 

■ 1. The authority citation for part 73 

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. 

§ 73.41 Massachusetts [Amended] 

■ 2. Section 73.38 is amended as 

follows: 

R–4102A Fort Devens, MA [Amended] 

Boundaries. Beginning at lat. 42°31′11′′ N, 

long. 71°38′29′′ W; to lat. 42°30′55′′ N, long. 

71°37′51′′ W; to lat. 42°30′12′′ N, long. 

71°38′05′′ W; to lat. 42°29′38′′ N, long. 

71°37′41′′ W; to lat. 42°28′21′′ N, long. 

71°39′14′′ W; to lat. 42°28′11′′ N, long. 

71°39′32′′ W; to lat. 42°28′11′′ N, long. 

71°39′38′′ W; to lat. 42°28′15′′ N, long. 

71°39′45′′ W; to lat. 42°28′25′′ N, long. 

71°40′08′′ W; to lat. 42°28′54′′ N, long. 

71°41′00′′ W; to lat. 42°29′08′′ N, long. 

71°41′06′′ W; to lat. 42°29′52′′ N, long. 

71°41′08′′ W; to lat. 42°30′17′′ N, long. 

71°41′29′′ W; to lat. 42°30′19′′ N, long. 

71°41′19′′ W; to lat. 42°30′37′′ N, long. 

71°40′30′′ W; to lat. 42°30′43′′ N, long. 

71°40′17′′ W; to lat. 42°30′52′′ N, long. 

71°40′14′′ W; to lat. 42°30′54′′ N, long. 

71°40′10′′ W; to lat. 42°30′53′′ N, long. 

71°40′02′′ W; to lat. 42°30′48′′ N, long. 

71°39′57′′ W; to lat. 42°30′47′′ N, long. 

71°39′45′′ W; to lat. 42°30′55′′ N, long. 

71°39′31′′ W; to lat. 42°30′58′′ N, long. 

71°39′18′′ W; to lat. 42°30′57′′ N, long. 

71°39′09′′ W; to lat. 42°30′52′′ N, long. 

71°38′42′′ W; to lat. 42°30′58′′ N, long. 

71°38′33′′ W; to lat. 42°31′06′′ N, long. 

71°38′37′′ W; 

thence to the point of beginning. 

Designated altitudes. Surface to, but not 

including, 2000 feet MSL. 

Time of designation. Intermittent, 0730– 

2200 local time, daily; other times by 

NOTAM issued 24 hours in advance. 

Controlling agency. FAA, Boston Approach 

Control. 

Using agency. Commander, U.S. Army 

Garrison, Fort Devens, MA. 

R–4102B Fort Devens, MA [Amended] 

Boundaries. Beginning at lat. 42°31′11′′ N, 

long. 71°38′29′′ W; to lat. 42°30′55′′ N, long. 

71°37′51′′ W; to lat. 42°30′12′′ N, long. 

71°38′05′′ W; to lat. 42°29′38′′ N, long. 

71°37′41′′ W; to lat. 42°28′21′′ N, long. 

71°39′14′′ W; to lat. 42°28′11′′ N, long. 

71°39′32′′ W; to lat. 42°28′11′′ N, long. 

71°39′38′′ W; to lat. 42°28′15′′ N, long. 

71°39′45′′ W; to lat. 42°28′25′′ N, long. 

71°40′08′′ W; to lat. 42°28′54′′ N, long. 

71°41′00′′ W; to lat. 42°29′08′′ N, long. 

71°41′06′′ W; to lat. 42°29′52′′ N, long. 

71°41′08′′ W; to lat. 42°30′17′′ N, long. 

71°41′29′′ W; to lat. 42°30′19′′ N, long. 

71°41′19′′ W; to lat. 42°30′37′′ N, long. 

71°40′30′′ W; to lat. 42°30′43′′ N, long. 

71°40′17′′ W; to lat. 42°30′52′′ N, long. 

71°40′14′′ W; to lat. 42°30′54′′ N, long. 

71°40′10′′ W; to lat. 42°30′53′′ N, long. 

71°40′02′′ W; to lat. 42°30′48′′ N, long. 

71°39′57′′ W; to lat. 42°30′47′′ N, long. 

71°39′45′′ W; to lat. 42°30′55′′ N, long. 

71°39′31′′ W; to lat. 42°30′58′′ N, long. 

71°39′18′′ W; to lat. 42°30′57′′ N, long. 

71°39′09′′ W; to lat. 42°30′52′′ N, long. 

71°38′42′′ W; to lat. 42°30′58′′ N, long. 

71°38′33′′ W; to lat. 42°31′06′′ N, long. 

71°38′37′′ W; 

thence to the point of beginning. 

Designated altitudes. 2000 feet MSL to 

3995 feet MSL. 

Time of designation. Intermittent, 0730– 

2200 local time, daily; other times by 

NOTAM issued 24 hours in advance. 

Controlling agency. FAA, Boston Approach 

Control. 

Using agency. Commander, U.S. Army 

Garrison, Fort Devens, MA. 

Issued in Washington, DC, on May 3, 2022. 

Scott M. Rosenbloom, 

Manager, Airspace Rules and Regulations. 

[FR Doc. 2022–09921 Filed 5–6–22; 8:45 am] 

BILLING CODE 4910–13–P 

RAILROAD RETIREMENT BOARD 

20 CFR Part 220 

RIN 3220–AB77 

Consultative Examinations 

AGENCY: Railroad Retirement Board. 

ACTION: Final rule. 

SUMMARY: The Railroad Retirement 

Board amends its regulations 

concerning consultative examinations 

used in adjudication of claims for 

disability annuities. The amendment 

permits psychological and psychiatric 

consultative examinations to be 

conducted through the use of video 

teleconferencing technology. The 

amendment allows the remote conduct 

of examinations where physical contact 

is not required and facilitates medical 

evaluations when physical proximity is 

not feasible. 

DATES: This regulation is effective May 

9, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Marguerite P. Dadabo, (312) 751–4945, 

TTD (312) 751–4701, 

Marguerite.Dadabo@rrb.gov. 

SUPPLEMENTARY INFORMATION: The 

Railroad Retirement Board (Board) 

amends its disability regulations to 

allow video teleconferencing technology 

(VTT) to be used to conduct a 

psychological or a psychiatric 

consultative examination in a case 

where such technology permits proper 

evaluation of a claimant. A VTT 

consultative examination is an 

examination conducted through a 

telecommunications system that allows 

the examining physician or psychologist 

and the claimant to see and hear each 

other for the purpose of communication 

in real time. A VTT consultative 

examination must comply with all 

requirements for consultative 

examinations in subpart G of part 220 of 

the Board’s regulations, 20 CFR part 

220, subpart G. In addition, the 

following requirements must be 

followed if a VTT consultative 

examination is used. The examining 


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Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 27513 

physician or psychologist must be 

currently licensed in the state in which 

the provider practices. 

The examining physician or 

psychologist must have the training and 

experience to perform the type of 

examination requested. The examining 

physician or psychologist must have 

access to VTT, and the claimant must 

live in the same state in which the 

provider practices. The claimant shall 

have the right to refuse a VTT 

consultative examination without 

penalty. 

A proposed rule was published on 

February 3, 2022, and comments were 

requested by April 4, 2022, 87 FR 6094, 

February 3, 2022. One comment was 

submitted. While expressing support for 

the proposed change as ‘‘a positive 

change by the agency to embrace the 

technological transformation,’’ the 

commenter quoted the proposed 

sentence in § 220.57(c)(2), which states 

that ‘‘[t]he examining physician or 

psychologist has the training and 

experience to perform the type of 

examination requested’’ and commented 

that this statement does not quantify the 

required minimum years of experience 

for the examining physician or 

psychologist. The commenter explained 

that unless years of experience are 

specified, any physician with just 1 

prior experience of performing such 

kind of examination will be qualified 

and suggested that the minimum 

number of years of experience be added 

to the clause to avoid any confusion and 

make the rule clear. The Board 

considered the commenter’s suggestion, 

but decided not to quantify a minimum 

number of years of experience to use 

VTT as the examining physician or 

psychologist would be licensed and in 

good standing in the state in which he 

or she practices and would have the 

training and experience necessary to 

perform the type of examination or test 

required. 

No changes were made in the 

proposed rule, which is now being 

published as a final regulation. 

Regulatory Requirements 

Executive Order 12866, as 

Supplemented by Executive Order 

13563 

We consulted with the Office of 

Management and Budget (OMB) and 

determined that this final rule does not 

meet the criteria for a significant 

regulatory action under Executive Order 

12866, as supplemented by Executive 

Order 13563. 

Executive Order 13132 (Federalism) 

This final rule will not have 

substantial direct effects 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. Therefore, in 

accordance with section 6 of Executive 

Order 13132, the Board believes that 

this final rule will not have sufficient 

federalism implications to warrant the 

preparation of a federalism summary 

impact statement. 

Regulatory Flexibility Act 

We certify that this final rule would 

not have a significant economic impact 

on a substantial number of small entities 

because the final rule affects individuals 

only. Therefore, a regulatory flexibility 

analysis is not required under the 

Regulatory Flexibility Act, as amended. 

Unfunded Mandates Reform Act of 

1995 

This final rule will not result in the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions are 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Paperwork Reduction Act 

This final rule does not create any 

new or affect any existing collections 

and, therefore, does not require OMB 

approval under the Paperwork 

Reduction Act. 

List of Subjects in 20 CFR Part 220 

Disability benefits, Railroad 

employees, Railroad retirement. 

For the reasons discussed in the 

preamble, the Railroad Retirement 

Board amends 20 CFR part 220 as 

follows: 

PART 220—DETERMINING DISABILITY 

■ 1. The authority citation for part 220 

continues to read as follows: 

Authority: 45 U.S.C. 231a; 45 U.S.C. 231f. 

■ 2. Amend § 220.57 by adding 

paragraph (c) to read as follows: 

§ 220.57 Types of purchased examinations 

and selection of sources. 

* * * * * 

(c) Use of video teleconferencing 

technology. Video teleconferencing 

technology (VTT) may be used for a 

psychological or a psychiatric 

consultative examination provided that 

the following requirements are met: 

(1) The examining physician or 

psychologist is currently state-licensed 

in the state in which the provider 

practices; 

(2) The examining physician or 

psychologist has the training and 

experience to perform the type of 

examination requested; 

(3) The examining physician or 

psychologist has access to video 

teleconferencing technology; 

(4) The examining physician or 

psychologist is permitted to perform the 

exam in accordance with state licensing 

laws and regulations; 

(5) The protocol for the examination 

does not require physical contact; 

(6) The claimant has the right to 

refuse a VTT examination without 

penalty; and 

(7) The VTT examination complies 

with all requirements in this subpart 

governing consultative examinations. 

Dated: May 4, 2022. 

For the Board. 

Stephanie Hillyard, 

Secretary to the Board. 

[FR Doc. 2022–09905 Filed 5–6–22; 8:45 am] 

BILLING CODE 7905–01–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 85 

[Docket No. OLP 172] 

Civil Monetary Penalties Inflation 

Adjustments for 2022 

AGENCY: Department of Justice. 

ACTION: Final rule. 

SUMMARY: The Department of Justice is 

adjusting for inflation the civil monetary 

penalties assessed or enforced by 

components of the Department, in 

accordance with the provisions of the 

Bipartisan Budget Act of 2015, for 

penalties assessed after May 9, 2022 

with respect to violations occurring after 

November 2, 2015. 

DATES: This rule is effective May 9, 

2022. 

FOR FURTHER INFORMATION CONTACT: 

Robert Hinchman, Senior Counsel, 

Office of Legal Policy, U.S. Department 

of Justice, Room 4252 RFK Building, 

950 Pennsylvania Avenue NW, 

Washington, DC 20530, telephone (202) 

514–8059 (not a toll-free number). 

SUPPLEMENTARY INFORMATION: 

I. Statutory Process for Implementing 

Annual Inflation Adjustments 

Section 701 of the Bipartisan Budget 

Act of 2015, Public Law 114–74 (Nov. 

2, 2015) (‘‘BBA’’), 28 U.S.C. 2461 note, 

substantially revised the prior 

provisions of the Federal Civil Monetary 


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