This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

28755 

Vol. 87, No. 91 

Wednesday, May 11, 2022 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2016–BT–TP–0018] 

RIN 1904–AD68 

Energy Conservation Program: Test 

Procedure for Uninterruptible Power 

Supplies; Correction 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Correcting amendment. 

SUMMARY: On December 12, 2016, the 

U.S. Department of Energy (‘‘DOE’’) 

published a final rule that added a test 

procedure for uninterruptible power 

supplies (UPSs) to the existing DOE test 

procedure for battery chargers. This 

document corrects an error in the 

amended regulatory text as it appeared 

in the December 2016 final rule. Neither 

the error nor the correction in this 

document affect the substance of the 

rulemaking or any conclusions reached 

in support of the final rule. 

DATES: Effective May 11, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Jeremy Dommu, U.S. Department 

of Energy, Office of Energy Efficiency 

and Renewable Energy, Building 

Technologies Office, EE–5B, 1000 

Independence Avenue SW, Washington, 

DC 20585–0121. Telephone: (202) 586– 

9870. Email 

ApplianceStandardsQuestions@

ee.doe.gov. 

Mr. Pete Cochran, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 586–9496. Email: 

peter.cochran@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DOE published a final rule in the 

Federal Register on December 12, 2016, 

establishing a test procedure for UPSs as 

an addition to the existing test 

procedure for battery chargers at title 10 

of the Code of Federal Regulations 

(‘‘CFR’’), part 430, subpart B, appendix 

Y (‘‘appendix Y’’). 81 FR 89806. Since 

publication of the final rule, DOE 

identified an error in the regulatory text 

for the UPS test procedure. The 

regulatory text in section 4.2.1 ‘‘General 

Setup’’ of appendix Y requires the tester 

to ‘‘configure the UPS according to 

Annex J.2 of IEC 62040–3 Ed. 2.0,’’ then 

states in paragraph (a) of that section: ‘‘If 

the UPS can operate in two or more 

distinct normal modes as more than one 

UPS architecture, conduct the test in its 

lowest input dependency as well as in 

its highest input dependency mode 

where VFD represents the lowest 

possible input dependency, followed by 

VI and then VFI.’’ However, the text in 

paragraph (a) erroneously identifies 

VFD as the lowest input dependency, 

whereas it is in fact the highest input 

dependency as identified in the 

referenced Annex J.2 of IEC 62040–3. 

II. Need for Correction 

As published, the regulatory text in 

the December 2016 final rule may result 

in confusion as to the identified input 

dependency modes for the purposes of 

product testing in accordance with 

appendix Y and certifications of 

compliance with energy conservation 

standards for UPSs in accordance with 

10 CFR 429.39. The current regulatory 

text is also in conflict with the 

referenced industry test procedure. 

Because this final rule would simply 

correct an error in the text without 

making substantive changes in the 

December 2016 final rule, the changes 

addressed in this document are 

technical in nature. 

III. Procedural Issues and Regulatory 

Review 

DOE has concluded that the 

determinations made pursuant to the 

various procedural requirements 

applicable to the December 2016 final 

rule remain unchanged for this final 

rule technical correction. These 

determinations are set forth in the 

December 2020 final rule. 81 FR 89806, 

89818. 

Pursuant to the Administrative 

Procedure Act, 5 U.S.C. 553(b)(3)(B), 

DOE finds that there is good cause to 

not issue a separate notice to solicit 

public comment on the changes 

contained in this document. Issuing a 

separate notice to solicit public 

comment would be impracticable, 

unnecessary, and contrary to the public 

interest. Neither the errors nor the 

corrections in this document affect the 

substance of the December 2016 final 

rule or any of the conclusions reached 

in support of the final rule. Providing 

prior notice and an opportunity for 

public comment on correcting objective, 

typographical errors that do not change 

the substance of the test procedure 

serves no useful purpose. 

Further, this rule correcting a 

regulatory text error makes nonsubstantive changes to the test 

procedure. As such, this rule is not 

subject to the 30-day delay in effective 

date requirement of 5 U.S.C. 553(d) 

otherwise applicable to rules that make 

substantive changes. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Intergovernmental relations, Small 

businesses. 

Signing Authority 

This document of the Department of 

Energy was signed on May 5, 2022, by 

Kelly J. Speakes-Backman, Principal 

Deputy Assistant Secretary for Energy 

Efficiency and Renewable Energy, 

pursuant to delegated authority from the 

Secretary of Energy. That document 

with the original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on May 6, 2022. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

For the reasons stated in the 

preamble, DOE corrects part 430 of 

chapter II, subchapter D, of title 10 of 

the Code of Federal Regulations by 

making the following correcting 

amendment: 


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28756 Federal Register / Vol. 87, No. 91 / Wednesday, May 11, 2022 / Rules and Regulations 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 1. The authority citation for part 430 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6309; 28 U.S.C. 

2461 note. 

■ 2. Appendix Y to subpart B of part 430 

is amended by revising section 4.2.1(a) 

to read as follows: 

Appendix Y to Subpart B of Part 430— 

Uniform Test Method for Measuring the 

Energy Consumption of Battery 

Chargers 

* * * * * 

4.2. * * * 

4.2.1. * * * 

* * * * * 

(a) UPS Operating Mode Conditions. If the 

UPS can operate in two or more distinct 

normal modes as more than one UPS 

architecture, conduct the test in its lowest 

input dependency as well as in its highest 

input dependency mode where VFD 

represents the highest possible input 

dependency, followed by VI and then VFI. 

* * * * * 

[FR Doc. 2022–10083 Filed 5–10–22; 8:45 am] 

BILLING CODE 6450–01–P 

SMALL BUSINESS ADMINISTRATION 

13 CFR Parts 107, 120, 142, and 146 

RIN 3245–AH81 

Civil Monetary Penalties Inflation 

Adjustments 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Final rule. 

SUMMARY: The Small Business 

Administration (SBA) is amending its 

regulations to adjust for inflation the 

amount of certain civil monetary 

penalties that are within the jurisdiction 

of the agency. These adjustments 

comply with the requirement in the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990, as amended by 

the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015, to make annual adjustments to the 

penalties. 

DATES: This rule is effective May 11, 

2022. 

FOR FURTHER INFORMATION CONTACT: 

Arlene Embrey, 202–205–6976 or at 

arlene.embrey@sba.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 2, 2015, the Federal 

Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015 (the 2015 

Inflation Adjustment Act), Public Law 

114–74, 129 Stat. 584, was enacted. This 

act amended the Federal Civil Penalties 

Inflation Adjustment Act of 1990, Public 

Law 101–410, 104 Stat. 890 (the 1990 

Inflation Adjustment Act), to improve 

the effectiveness of civil monetary 

penalties and to maintain their deterrent 

effect. The 2015 Inflation Adjustment 

Act required agencies to issue a final 

rule by August 1, 2016, to adjust the 

level of civil monetary penalties with an 

initial ‘‘catch-up’’ adjustment and to 

annually adjust these monetary 

penalties for inflation by January 15 of 

each subsequent year. 

Based on the definition of a ‘‘civil 

monetary penalty’’ in the 1990 Inflation 

Adjustment Act, agencies are to make 

adjustments only to the civil penalties 

that (i) are for a specific monetary 

amount as provided by federal law or 

have a maximum amount provided for 

by federal law; (ii) are assessed or 

enforced by an agency; and (iii) are 

enforced or assessed in an 

administrative proceeding or a civil 

action in the Federal courts. Therefore, 

penalties that are stated as a percentage 

of an indeterminate amount or as a 

function of a violation (penalties that 

encompass actual damages incurred) are 

not to be adjusted. 

SBA published in the Federal 

Register an interim final rule with its 

initial adjustments to the civil monetary 

penalties, including an initial ‘‘catchup’’ adjustment, on May 19, 2016, (81 

FR 31489) with an effective date of 

August 1, 2016. SBA published its first 

annual adjustments to the monetary 

penalties on February 9, 2017 (82 FR 

9967), with an immediate effective date. 

SBA published its subsequent annual 

adjustments for 2018 on February 21, 

2018 (83 FR 7361), for 2019 on April 1, 

2019 (84 FR 12059), for 2020 on March 

10, 2020 (85 FR 13725), and for 2021 on 

September 24, 2021 (86 FR 52955), all 

with immediate effective dates. This 

rule will establish the adjusted penalty 

amounts for 2022 with an immediate 

effective date upon publication. 

On December 15, 2021, the Office of 

Management and Budget (OMB) 

published its annual guidance 

memorandum for 2022 civil monetary 

penalties inflation adjustments (M–22– 

07, Implementation of Penalty Inflation 

Adjustments for 2022, Pursuant to the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015). The memorandum provides the 

formula for calculating the annual 

adjustments based on the Consumer 

Price Index for all Urban Consumers 

(CPI–U) for the month of October 

preceding the adjustment, and 

specifically on the change between the 

October CPI–U preceding the date of 

adjustment and the prior year’s CPI–U. 

Based on this methodology, the 2022 

civil monetary penalty inflation 

adjustment factor is 1.06222 (October 

2021 CPI–U (276.589)/October 2020 

CPI–U (260.388). The annual adjustment 

amounts identified in this rule were 

obtained by applying this multiplier of 

1.06222 to those penalty amounts that 

were published in SBA’s 2021 

adjustments to civil monetary penalties 

at 86 FR 52955 (September 24, 2021). 

II. Civil Money Penalties Adjusted by 

This Rule 

This rule adjusts civil monetary 

penalties authorized by the Small 

Business Act, the Small Business 

Investment Act of 1958 (SBIAct), the 

Program Fraud Civil Remedies Act, and 

the Byrd Amendment to the Federal 

Regulation of Lobbying Act. These 

penalties and the implementing 

regulations are discussed below. 

1. 13 CFR 107.665—Civil Penalties 

SBA licenses, regulates, and provides 

financial assistance to financial entities 

called small business investment 

companies (SBICs). Pursuant to section 

315 of the SBIAct, 15 U.S.C. 687g, SBA 

may impose a penalty on any SBIC for 

each day that it fails to comply with 

SBA’s regulations or directives 

governing the filing of regular or special 

reports. The penalty for non-compliance 

is incorporated in § 107.665 of the SBIC 

program regulations. 

This rule amends § 107.665 to adjust 

the current civil penalty from $274 to 

$291 per day of failure to file. The 

current civil penalty of $274 was 

multiplied by the multiplier of 1.06222 

to reach a product of $291, rounded to 

the nearest dollar. 

2. 13 CFR 120.465—Civil Penalty for 

Late Submission of Required Reports 

According to the regulations at 

§ 120.465, any SBA Supervised Lender, 

as defined in 13 CFR 120.10, that 

violates a regulation or written directive 

issued by the SBA Administrator 

regarding the filing of any regular or 

special report is subject to the civil 

penalty amount stated in § 120.465(b) 

for each day the company fails to file 

the report, unless the SBA Supervised 

Lender can show that there is 

reasonable cause for its failure to file. 

This penalty is authorized by section 

23(j)(1) of the Small Business Act, 15 

U.S.C. 650(j)(1). 

This rule amends § 120.465(b) to 

adjust the current civil penalty to $7,244 

per day of failure to file from $6,820 per 

day of failure to file. The current civil 


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