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 


khammond on DSKJM1Z7X2PROD with RULES
27514 Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 

Penalties Inflation Adjustment Act of 

1990, Public Law 101–410 (the 

‘‘Inflation Adjustment Act’’), and 

substituted a different statutory formula 

for calculating inflation adjustments on 

an annual basis. 

In accordance with the provisions of 

the BBA, on June 30, 2016 (81 FR 

42491), the Department of Justice 

published an interim rule (‘‘June 2016 

interim rule’’) to adjust for inflation the 

civil monetary penalties assessed or 

enforced by components of the 

Department after August 1, 2016, with 

respect to violations occurring after 

November 2, 2015, the date of 

enactment of the BBA. Readers may 

refer to the SUPPLEMENTARY INFORMATION

(also known as the preamble) of the 

Department’s June 2016 interim rule for 

additional background information 

regarding the statutory authority for 

adjustments of civil monetary penalty 

amounts to take account of inflation and 

the Department’s past implementation 

of inflation adjustments. The June 2016 

interim rule was finalized without 

change by the publication of a final rule 

on April 5, 2019 (84 FR 13525). 

After the initial adjustments in 2016, 

the BBA also provides for agencies to 

adjust their civil penalties on January 15 

of each year to account for inflation 

during the preceding year, rounded to 

the nearest dollar. Accordingly, on 

February 3, 2017 (82 FR 9131), and on 

January 29, 2018 (83 FR 3944), the 

Department published final rules 

pursuant to the BBA to make annual 

inflation adjustments in the civil 

monetary penalties assessed or enforced 

by components of the Department after 

those dates, with respect to violations 

occurring after November 2, 2015. 

The Department has continued to 

promulgate rules adjusting the civil 

money penalties for inflation thereafter. 

Most recently, the Department 

published a final rule on December 13, 

2021 (86 FR 70740), to adjust the civil 

money penalties to account for inflation 

occurring since 2020. 

II. Inflation Adjustments Made by This 

Rule 

As required, the Department is 

publishing this final rule to adjust for 

2022 the Department’s current civil 

penalties. Under the statutory formula, 

the adjustments made by this rule are 

based on the Bureau of Labor Statistics’ 

Consumer Price Index for October 2021. 

The OMB Memorandum for the Heads 

of Executive Departments and Agencies 

M–22–07 (Dec. 15, 2021) https://

www.whitehouse.gov/wp-content/ 

uploads/2021/12/M-22-07.pdf (last 

visited May 2, 2022), instructs that the 

applicable inflation factor for this 

adjustment is 1.06222. 

Accordingly, this rule adjusts the civil 

penalty amounts in 28 CFR 85.5 by 

applying this inflation factor 

mechanically to each of the civil penalty 

amounts listed (rounded to the nearest 

dollar). 

Example: 

• In 2016, the Program Fraud Civil 

Remedies Act penalty was increased to 

$10,781 in accordance with the 

adjustment requirements of the BBA. 

• For 2017, where the applicable 

inflation factor was 1.01636, the existing 

penalty of $10,781 was multiplied by 

1.01636 and revised to $10,957 

(rounded to the nearest dollar). 

• For 2018, where the applicable 

inflation factor is 1.02041, the existing 

penalty of $10,957 was multiplied by 

1.02041 and revised to $11,181 

(rounded to the nearest dollar). 

• Had an adjustment rule been 

published in 2019, where the applicable 

inflation factor was 1.02041, the existing 

penalty of $11,181 would have been 

multiplied by 1.02522 and revised to 

$11,463 (rounded to the nearest dollar). 

• For the final rule in 2020 (in which 

the ending 2019 penalty amounts were 

used as the starting penalty amounts for 

purposes of calculation) the starting 

penalty of $11,463 was multiplied by 

1.01764 and revised to $11,665 

(rounded to the nearest dollar.) 

• For the final rule in 2021, where the 

applicable inflation factor was 1.01182, 

the existing penalty of $11,665 was 

multiplied by 1.01182 and revised to 

$11,803 (rounded to the nearest dollar). 

• For this final rule in 2022, where 

the applicable inflation factor is 

1.06222, the existing penalty of $11,803 

is multiplied by 1.06222 and revised to 

$12,537 (rounded to the nearest dollar). 

This rule adjusts for inflation civil 

monetary penalties within the 

jurisdiction of the Department of Justice 

for purposes of the Inflation Adjustment 

Act, as amended. Other agencies are 

responsible for the inflation adjustments 

of certain other civil monetary penalties 

that the Department’s litigating 

components bring suit to collect. The 

reader should consult the regulations of 

those other agencies for inflation 

adjustments to those penalties. 

III. Effective Date of Adjusted Civil 

Penalty Amounts 

Under this rule, the adjusted civil 

penalty amounts are applicable only to 

civil penalties assessed after May 9, 

2022, with respect to violations 

occurring after November 2, 2015, the 

date of enactment of the BBA. 

The penalty amounts set forth in the 

existing table in 28 CFR 85.5 are 

applicable to civil penalties assessed 

after August 1, 2016, and on or before 

the effective date of this rule, with 

respect to violations occurring after 

November 2, 2015. Civil penalties for 

violations occurring on or before 

November 2, 2015, and assessments 

made on or before August 1, 2016, will 

continue to be subject to the civil 

monetary penalty amounts set forth in 

the Department’s regulations in 28 CFR 

parts 20, 22, 36, 68, 71, 76, and 85 as 

such regulations were in effect prior to 

August 1, 2016 (or as set forth by statute 

if the amount had not yet been adjusted 

by regulation prior to August 1, 2016). 

IV. Statutory and Regulatory Analyses 

A. Administrative Procedure Act 

The BBA provides that, for each 

annual adjustment made after the initial 

adjustments of civil penalties in 2016, 

the head of an agency shall adjust the 

civil monetary penalties each year 

notwithstanding 5 U.S.C. 553. 

Accordingly, this rule is being issued as 

a final rule without prior notice and 

public comment, and without a delayed 

effective date. 

B. Regulatory Flexibility Act 

Only those entities that are 

determined to have violated Federal law 

and regulations would be affected by the 

increase in the civil penalty amounts 

made by this rule. A Regulatory 

Flexibility Act analysis is not required 

for this rule because publication of a 

notice of proposed rulemaking was not 

required. See 5 U.S.C. 603(a). 

C. Executive Orders 12866 and 13563— 

Regulatory Review 

This final rule has been drafted in 

accordance with Executive Order 12866, 

‘‘Regulatory Planning and Review,’’ 

section 1(b), The Principles of 

Regulation, and in accordance with 

Executive Order 13563, ‘‘Improving 

Regulation and Regulatory Review,’’ 

section 1, General Principles of 

Regulation. Executive Orders 12866 and 

13563 direct agencies, in certain 

circumstances, to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). 

The Department of Justice has 

determined that this rule is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ section 3(f), and, 

accordingly, this rule has not been 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 27515 

reviewed by the Office of Management 

and Budget. This final rule implements 

the BBA by making an across-the-board 

adjustment of the civil penalty amounts 

in 28 CFR 85.5 to account for inflation 

since the adoption of the Department’s 

final rule published on December 13, 

2021 (86 FR 70740). 

D. Executive Order 13132—Federalism 

This 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 Executive Order 13132, 

it is determined that this rule does not 

have sufficient federalism implications 

to warrant the preparation of a 

Federalism Assessment. 

E. Executive Order 12988—Civil Justice 

Reform 

This regulation meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988. 

F. Unfunded Mandates Reform Act of 

1995 

This 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 were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

G. Congressional Review Act 

This rule is not a major rule as 

defined by the Congressional Review 

Act, 5 U.S.C. 804. 

List of Subjects in 28 CFR Part 85 

Administrative practice and 

procedure, Penalties. 

Under rulemaking authority vested in 

the Attorney General in 5 U.S.C. 301; 28 

U.S.C. 509, 510 and delegated to the 

Assistant Attorney General, Office of 

Legal Policy, by AG Order No. 5328– 

2022, and for the reasons set forth in the 

preamble, chapter I of title 28 of the 

Code of Federal Regulations is amended 

as follows: 

PART 85—CIVIL MONETARY 

PENALTIES INFLATION ADJUSTMENT 

■ 1. The authority citation for part 85 

continues to read as follows: 

Authority: 5 U.S.C. 301, 28 U.S.C. 503; 

Pub. L. 101–410, 104 Stat. 890, as amended 

by Pub. L. 104–134, 110 Stat. 1321; Pub. L. 

114–74, section 701, 28 U.S.C. 2461 note. 

■ 2. Section 85.5 is revised to read as 

follows: 

§ 85.5 Adjustments to penalties for 

violations occurring after November 2, 

2015. 

(a) For civil penalties assessed after 

May 9, 2022, whose associated 

violations occurred after November 2, 

2015, the civil monetary penalties 

provided by law within the jurisdiction 

of the Department are adjusted as set 

forth in the seventh column of table 1 

to this section. 

(b) For civil penalties assessed after 

December 13, 2021, and on or before 

May 9, 2022 whose associated violations 

occurred after November 2, 2015, the 

civil monetary penalties provided by 

law within the jurisdiction of the 

Department are adjusted as set forth in 

the sixth column of table 1 to this 

section. For civil penalties assessed after 

June 19, 2020, and on or before 

December 13, 2021, whose associated 

violations occurred after November 2, 

2015, the civil monetary penalties 

provided by law within the jurisdiction 

of the Department are adjusted as set 

forth in the fifth column of table 1 to 

this section. For civil penalties assessed 

after January 29, 2018, and on or before 

June 19, 2020, whose associated 

violations occurred after November 2, 

2015, the civil monetary penalties 

provided by law within the jurisdiction 

of the Department are those set forth in 

the fourth column of table 1 to this 

section. 

(c) For civil penalties assessed on or 

before January 29, 2018, the civil 

monetary penalties provided by law 

within the jurisdiction of the 

Department are set forth in 28 CFR 85.5 

(revised as of July 1, 2017). 

(d) All figures set forth in table 1 to 

this section are maximum penalties, 

unless otherwise indicated. 

TABLE 1 TO § 85.5 

U.S.C. citation Name/description CFR citation 

DOJ penalty 

assessed after 

1/29/2018 

($) 

DOJ penalty 

assessed after 

6/19/2020 

($) 

DOJ penalty 

assessed after 

12/13/2021 1

DOJ penalty 

assessed after 

5/9/2022 2

ATF 

18 U.S.C. 922(t)(5) ............ Brady Law—Nat’l Instant 

Criminal Check System 

(NICS); Transfer of firearm 

without checking NICS.

................................ 8,465 ................... 8,831 ................... 8,935 ................... 9,491. 

18 U.S.C. 924(p) ................ Child Safety Lock Act; Secure 

gun storage or safety device, violation.

................................ 3,096 ................... 3,230 ................... 3,268 ................... 3,471. 

Civil Division 

12 U.S.C. 1833a(b)(1) ....... Financial Institutions Reform, 

Recovery, and Enforcement 

Act (FIRREA) Violation.

28 CFR 85.3(a)(6) 1,963,870 ............ 2,048,915 ............ 2,073,133 ............ 2,202,123. 

12 U.S.C. 1833a(b)(2) ....... FIRREA Violation (continuing) 

(per day).

28 CFR 85.3(a)(7) 1,963,870 ............ 2,048,915 ............ 2,073,133 ............ 2,202,123. 

12 U.S.C. 1833a(b)(2) ....... FIRREA Violation (continuing) 28 CFR 85.3(a)(7) 9,819,351 ............ 10,244,577 .......... 10,365,668 .......... 11,010,620. 

22 U.S.C. 2399b(a)(3)(A) ... Foreign Assistance Act; Fraudulent Claim for Assistance 

(per act).

28 CFR 85.3(a)(8) 5,704 ................... 5,951 ................... 6,021 ................... 6,396. 

31 U.S.C. 3729(a) .............. False Claims Act; 3 Violations 28 CFR 85.3(a)(9) Min 11,181, Max 

22,363.

Min 11,665, Max 

23,331.

Min 11,803, Max 

23,607.

Min 12,537, Max 

25,076. 

31 U.S.C. 3802(a)(1) ......... Program Fraud Civil Remedies 

Act; Violations Involving 

False Claim (per claim).

28 CFR 71.3(a) ...... 11,181 ................. 11,665 ................. 11,803 ................. 12,537. 


khammond on DSKJM1Z7X2PROD with RULES
27516 Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 

TABLE 1 TO § 85.5—Continued 

U.S.C. citation Name/description CFR citation 

DOJ penalty 

assessed after 

1/29/2018 

($) 

DOJ penalty 

assessed after 

6/19/2020 

($) 

DOJ penalty 

assessed after 

12/13/2021 1

DOJ penalty 

assessed after 

5/9/2022 2

31 U.S.C. 3802(a)(2) ......... Program Fraud Civil Remedies 

Act; Violation Involving 

False Statement (per statement).

28 CFR 71.3(f) ....... 11,181 ................. 11,665 ................. 11,803 ................. 12,537. 

40 U.S.C. 123(a)(1)(A) ....... Federal Property and Administrative Services Act; Violation Involving Surplus Government Property (per act).28 CFR 85.3(a)(12) 5,704 ................... 5,951 ................... 6,021 ................... 6,396. 

41 U.S.C. 8706(a)(1)(B) ..... Anti-Kickback Act; Violation Involving Kickbacks 4 (per occurrence).

28 CFR 85.3(a)(13) 22,363 ................. 23,331 ................. 23,607 ................. 25,076. 

18 U.S.C. 2723(b) .............. Driver’s Privacy Protection Act 

of 1994; Prohibition on Release and Use of Certain 

Personal Information from 

State Motor Vehicle 

Records—Substantial Noncompliance (per day).

................................ 8,249 ................... 8,606 ................... 8,708 ................... 9,250. 

18 U.S.C. 216(b) ................ Ethics Reform Act of 1989; 

Penalties for Conflict of Interest Crimes 5 (per violation).

28 CFR 85.3(c) ...... 98,194 ................. 102,446 ............... 103,657 ............... 110,107. 

41 U.S.C. 2105(b)(1) ......... Office of Federal Procurement 

Policy Act; 6 Violation by an 

individual (per violation).

................................ 102,606 ............... 107,050 ............... 108,315 ............... 115,054. 

41 U.S.C. 2105(b)(2) ......... Office of Federal Procurement 

Policy Act; 6 Violation by an 

organization (per violation).

................................ 1,026,054 ............ 1,070,487 ............ 1,083,140 ............ 1,150,533. 

42 U.S.C. 5157(d) .............. Disaster Relief Act of 1974; 7

Violation (per violation).

................................ 12,964 ................. 13,525 ................. 13,685 ................. 14,536. 

Civil Rights Division (excluding immigration-related penalties) 

18 U.S.C. 248(c)(2)(B)(i) .... Freedom of Access to Clinic 

Entrances Act of 1994 

(‘‘FACE Act’’); Nonviolent 

physical obstruction, first 

violation.

28 CFR 

85.3(b)(1)(i).

16,499 ................. 17,161 ................. 17,364 ................. 18,444. 

18 U.S.C. 248(c)(2)(B)(ii) ... FACE Act; Nonviolent physical 

obstruction, subsequent violation.

28 CFR 

85.3(b)(1)(ii).

24,748 ................. 25,820 ................. 26,125 ................. 27,750. 

18 U.S.C. 248(c)(2)(B)(i) .... FACE Act; Violation other than 

a nonviolent physical obstruction, first violation.

28 CFR 

85.3(b)(2)(i).

24,748 ................. 25,820 ................. 26,125 ................. 27,750. 

18 U.S.C. 248(c)(2)(B)(ii) ... FACE Act; Violation other than 

a nonviolent physical obstruction, subsequent violation.

28 CFR 

85.3(b)(2)(ii).

41,248 ................. 43,034 ................. 43,543 ................. 46,252. 

42 U.S.C. 3614(d)(1)(C)(i) Fair Housing Act of 1968; first 

violation.

28 CFR 

85.3(b)(3)(i).

102,606 ............... 107,050 ............... 108,315 ............... 115,054. 

42 U.S.C. 3614(d)(1)(C)(ii) Fair Housing Act of 1968; subsequent violation.28 CFR 

85.3(b)(3)(ii).

205,211 ............... 214,097 ............... 216,628 ............... 230,107. 

42 U.S.C. 12188(b)(2)(C)(i) Americans With Disabilities 

Act; Public accommodations 

for individuals with disabilities, first violation.

28 CFR 

36.504(a)(3)(i).

92,383 ................. 96,384 ................. 97,523 ................. 103,591. 

42 U.S.C. 12188(b)(2)(C)(ii) Americans With Disabilities 

Act; Public accommodations 

for individuals with disabilities subsequent violation.

28 CFR 

36.504(a)(3)(ii).

184,767 ............... 192,768 ............... 195,047 ............... 207,183. 

50 U.S.C. 4041(b)(3) ......... Servicemembers Civil Relief 

Act of 2003; first violation.

28 CFR 

85.3(b)(4)(i).

62,029 ................. 64,715 ................. 65,480 ................. 69,554. 

50 U.S.C. 4041(b)(3) ......... Servicemembers Civil Relief 

Act of 2003; subsequent violation.

28 CFR 

85.3(b)(4)(ii).

124,058 ............... 129,431 ............... 130,961 ............... 139,109. 

Criminal Division 

18 U.S.C. 983(h)(1) ........... Civil Asset Forfeiture Reform 

Act of 2000; Penalty for 

Frivolous Assertion of Claim.

................................ Min 355, Max 

7,088.

Min 370, Max 

7,395.

Min 374, Max 

7,482.

Min 397, Max 

7,948. 

18 U.S.C. 1956(b) .............. Money Laundering Control Act 

of 1986; Violation 8.

................................ 22,363 ................. 23,331 ................. 23,607 ................. 25,076. 


khammond on DSKJM1Z7X2PROD with RULES

I I I I I 
Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 27517 

TABLE 1 TO § 85.5—Continued 

U.S.C. citation Name/description CFR citation 

DOJ penalty 

assessed after 

1/29/2018 

($) 

DOJ penalty 

assessed after 

6/19/2020 

($) 

DOJ penalty 

assessed after 

12/13/2021 1

DOJ penalty 

assessed after 

5/9/2022 2

DEA 

21 U.S.C. 844a(a) .............. Anti-Drug Abuse Act of 1988; 

Possession of small 

amounts of controlled substances (per violation).

28 CFR 76.3(a) ...... 20,521 ................. 21,410 ................. 21,663 ................. 23,011. 

21 U.S.C. 961(1) ................ Controlled Substance Import 

Export Act; Drug abuse, import or export.

28 CFR 85.3(d) ...... 71,301 ................. 74,388 ................. 75,267 ................. 79,950. 

21 U.S.C. 842(c)(1)(A) ....... Controlled Substances Act 

(‘‘CSA’’); Violations of 

842(a)—other than (5), (10), 

(16) and (17)—Prohibited 

acts re: controlled substances (per violation).

................................ 64,820 ................. 67,627 ................. 68,426 ................. 72,683. 

21 U.S.C. 842(c)(1)(B)(i) .... CSA; Violations of 842(a)(5), 

(10), and (17)—Prohibited 

acts re: controlled substances.

................................ 15,040 ................. 15,691 ................. 15,876 ................. 16,864. 

21 U.S.C. 842(c)(1)(B)(ii) ... SUPPORT for Patients and 

Communities Act; Violations 

of 842(b)(ii)—Failures re: 

opioids.

................................ 100,000 (Statutory amount of 

new penalty enacted 10/24/ 

18) 11.

101,764 ............... 102,967 ............... 109,374. 

21 U.S.C. 842(c)(1)(C) ....... CSA; Violation of 825(e) by 

importer, exporter, manufacturer, or distributor—False 

labeling of anabolic steroids 

(per violation).

................................ 519,439 ............... 541,933 ............... 548,339 ............... 582,457. 

21 U.S.C. 842(c)(1)(D) ....... CSA; Violation of 825(e) at the 

retail level—False labeling 

of anabolic steroids (per violation).

................................ 1,039 ................... 1,084 ................... 1,097 ................... 1,165. 

21 U.S.C. 842(c)(2)(C) ....... CSA; Violation of 842(a)(11) 

by a business—Distribution 

of laboratory supply with 

reckless disregard 9.

................................ 389,550 ............... 406,419 ............... 411,223 ............... 436,809. 

21 U.S.C. 842(c)(2)(D) ....... SUPPORT for Patients and 

Communities Act; Violations 

of 842(a)(5), (10) and (17) 

by a registered manufacture 

or distributor of opioids. Failures re: opioids.

................................ 500,000 (Statutory amount of 

new penalty enacted 10/24/ 

18) 11.

508,820 ............... 514,834 ............... 546,867. 

21 U.S.C. 856(d) ................ Illicit Drug Anti-Proliferation 

Act of 2003; Maintaining 

drug-involved premises 10.

................................ 333,328 ............... 374,763 ............... 379,193 ............... 402,786. 

Immigration-Related Penalties 

8 U.S.C. 1324a(e)(4)(A)(i) Immigration Reform and Control Act of 1986 (‘‘IRCA’’); 

Unlawful employment of 

aliens, first order (per unauthorized alien).

28 CFR 

68.52(c)(1)(i).

Min 559, Max 

4,473.

Min 583, Max 

4,667.

Min 590, Max 

4,722.

Min 627, Max 

5,016. 

8 U.S.C. 1324a(e)(4)(A)(ii) IRCA; Unlawful employment of 

aliens, second order (per 

such alien).

28 CFR 

68.52(c)(1)(ii).

Min 4,473, Max 

11,181.

Min 4,667, Max 

11,665.

Min 4,722, Max 

11,803.

Min 5,016, Max 

12,537. 

8 U.S.C. 1324a(e)(4)(A)(iii) IRCA; Unlawful employment of 

aliens, subsequent order 

(per such alien).

28 CFR 

68.52(c)(1)(iii).

Min 6,709, Max 

22,363.

Min 6,999, Max 

23,331.

Min 7,082, Max 

23,607.

Min 7,523, Max 

25,076. 

8 U.S.C. 1324a(e)(5) ......... IRCA; Paperwork violation (per 

relevant individual).

28 CFR 68.52(c)(5) Min 224, Max 

2,236.

Min 234, Max 

2,332.

Min 237, Max 

2,360.

Min 252, Max 

2,507. 

8 U.S.C. 1324a, (note) ....... IRCA; Violation relating to participating employer’s failure 

to notify of final nonconfirmation of employee’s employment eligibility (per relevant individual).

28 CFR 68.52(c)(6) Min 779, Max 

1,558.

Min 813, Max 

1,625.

Min 823, Max 

1,644.

Min 874, Max 

1,746. 

8 U.S.C. 1324a(g)(2) ......... IRCA; Violation/prohibition of 

indemnity bonds (per violation).

28 CFR 68.52(c)(7) 2,236 ................... 2,332 ................... 2,360 ................... 2,507. 

8 U.S.C. 

1324b(g)(2)(B)(iv)(I).

IRCA; Unfair immigration-related employment practices, 

first order (per individual discriminated against).

28 CFR 

68.52(d)(1)(viii).

Min 461, Max 

3,695.

Min 481, Max 

3,855.

Min 487, Max 

3,901.

Min 517, Max 

4,144. 


khammond on DSKJM1Z7X2PROD with RULES
27518 Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 

TABLE 1 TO § 85.5—Continued 

U.S.C. citation Name/description CFR citation 

DOJ penalty 

assessed after 

1/29/2018 

($) 

DOJ penalty 

assessed after 

6/19/2020 

($) 

DOJ penalty 

assessed after 

12/13/2021 1

DOJ penalty 

assessed after 

5/9/2022 2

8 U.S.C. 

1324b(g)(2)(B)(iv)(II).

IRCA; Unfair immigration-related employment practices, 

second order (per individual 

discriminated against).

28 CFR 

68.52(d)(1)(ix).

Min 3,695, Max 

9,239.

Min 3,855, Max 

9,639.

Min 3,901, Max 

9,753.

Min 4,144, Max 

10,360. 

8 U.S.C. 

1324b(g)(2)(B)(iv)(III).

IRCA; Unfair immigration-related employment practices, 

subsequent order (per individual discriminated against).

28 CFR 

68.52(d)(1)(x).

Min 5,543, Max 

18,477.

Min 5,783, Max 

19,277.

Min 5,851, Max 

19,505.

Min 6,215, Max 

20,719. 

8 U.S.C. 

1324b(g)(2)(B)(iv)(IV).

IRCA; Unfair immigration-related employment practices, 

unfair documentary practices (per individual discriminated against).

28 CFR 

68.52(d)(1)(xii).

Min 185, Max 

1,848.

Min 193, Max 

1,928.

Min 195, Max 

1,951.

Min 207, Max 

2,072. 

8 U.S.C. 1324c(d)(3)(A) ..... IRCA; Document fraud, first 

order—for violations described in U.S.C. 

1324c(a)(1)–(4) (per document).

28 CFR 

68.52(e)(1)(i).

Min 461, Max 

3,695.

Min 481, Max 

3,855.

Min 487, Max 

3,901.

Min 517, Max 

4,144. 

8 U.S.C. 1324c(d)(3)(B) ..... IRCA; Document fraud, subsequent order—for violations 

described in U.S.C. 

1324c(a)(1)–(4) (per document).

28 CFR 

68.52(e)(1)(iii).

Min 3,695, Max 

9,239.

Min 3,855, Max 

9,639.

Min 3,901, Max 

9,753.

Min 4,144, Max 

10,360. 

8 U.S.C. 1324c(d)(3)(A) ..... IRCA; Document fraud, first 

order—for violations described in U.S.C. 

1324c(a)(5)–(6) (per document).

28 CFR 

68.52(e)(1)(ii).

Min 390, Max 

3,116.

Min 407, Max 

3,251.

Min 412, Max 

3,289.

Min 438, Max 

3,494. 

8 U.S.C. 1324c(d)(3)(B) ..... IRCA; Document fraud, subsequent order—for violations 

described in U.S.C. 

1324c(a)(5)–(6) (per document).

28 CFR 

68.52(e)(1)(iv).

Min 3,116, Max 

7,791.

Min 3,251, Max 

8,128.

Min 3,289, Max 

8,224.

Min 3,494, Max 

8,736. 

FBI 

49 U.S.C. 30505(a) ............ National Motor Vehicle Title 

Identification System; Violation (per violation).

................................ 1,650 ................... 1,722 ................... 1,742 ................... 1,850. 

Office of Justice Programs 

34 U.S.C. 10231(d) ............ Confidentiality of information; 

State and Local Criminal 

History Record Information 

Systems—Right to Privacy 

Violation.

28 CFR 20.25 ........ 28,520 ................. 29,755 ................. 30,107 ................. 31,980. 

1The figures set forth in this column represent the penalty as last adjusted by Department of Justice regulation on December 13, 2021. 

2All figures set forth in this table are maximum penalties, unless otherwise indicated. 

3Section 3729(a)(1) of Title 31 provides that any person who violates this section is liable to the United States Government for a civil penalty of not less than 

$5,000 and not more than $10,000, as adjusted by the Federal Civil Penalties Inflation Adjustment Act of 1990, plus 3 times the amount of damages which the Government sustains because of the act of that person. 31 U.S.C. 3729(a)(1) (2015). Section 3729(a)(2) permits the court to reduce the damages under certain circumstances to not less than 2 times the amount of damages which the Government sustains because of the act of that person. Id. section 3729(a)(2). The adjustment made by this regulation is only applicable to the specific statutory penalty amounts stated in subsection (a)(1), which is only one component of the civil penalty 

imposed under section 3729(a)(1). 4Section 8706(a)(1) of Title 41 provides that the Federal Government in a civil action may recover from a person that knowingly engages in conduct prohibited by 

section 8702 of Title 44 a civil penalty equal to twice the amount of each kickback involved in the violation and not more than $10,000 for each occurrence of prohibited conduct. 41 U.S.C. 8706(a)(1) (2015). The adjustment made by this regulation is only applicable to the specific statutory penalty amount stated in subsection 

(a)(1)(B), which is only one component of the civil penalty imposed under section 8706. 5Section 216(b) of Title 18 provides that the civil penalty should be no more than $50,000 for each violation or the amount of compensation which the person received or offered for the prohibited conduct, whichever amount is greater. 18 U.S.C. 216(b) (2015). Therefore, the adjustment made by this regulation is only applicable to the specific statutory penalty amount stated in subsection (b), which is only one aspect of the possible civil penalty imposed under section 216(b). 6Section 2105(b) of Title 41 provides that the Attorney General may bring a civil action in an appropriate district court of the United States against a person that engages in conduct that violates section 2102, 2103, or 2104 of Title 41. 41 U.S.C. 2105(b) (2015). Section 2105(b) further provides that on proof of that conduct by a 

preponderance of the evidence, an individual is liable to the Federal Government for a civil penalty of not more than $50,000 for each violation plus twice the amount 

of compensation that the individual received or offered for the prohibited conduct, and an organization is liable to the Federal Government for a civil penalty of not 

more than $500,000 for each violation plus twice the amount of compensation that the organization received or offered for the prohibited conduct. Id. section 2105(b). 

The adjustments made by this regulation are only applicable to the specific statutory penalty amounts stated in subsections (b)(1) and (b)(2), which are each only one 

component of the civil penalties imposed under sections 2105(b)(1) and (b)(2). 7The Attorney General has authority to bring a civil action when a person has violated or is about to violate a provision under this statute. 42 U.S.C. 5157(b) 

(2015). The Federal Emergency Management Agency has promulgated regulations regarding this statute and has adjusted the penalty in its regulation. 44 CFR 

206.14(d) (2015). The Department of Health and Human Services (HHS) has also promulgated a regulation regarding the penalty under this statute. 42 CFR 38.8 

(2015). 8Section 1956(b)(1) of Title 18 provides that whoever conducts or attempts to conduct a transaction described in subsection (a)(1) or (a)(3), or section 1957, or a 

transportation, transmission, or transfer described in subsection (a)(2), is liable to the United States for a civil penalty of not more than the greater of the value of the 

property, funds, or monetary instruments involved in the transaction; or $10,000. 18 U.S.C. 1956(b)(1) (2015). The adjustment made by this regulation is only applicable to the specific statutory penalty amount stated in subsection (b)(1)(B), which is only one aspect of the possible civil penalty imposed under section 1956(b). 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 27519 

1 In infrastructure SIP submissions, states 

generally certify evidence of compliance with 

sections 110(a)(1) and (2) of the CAA through a 

combination of state regulations and statutes, some 

of which have been incorporated into the SIP. In 

addition, certain federally-approved, non-SIP 

regulations may also be appropriate for 

demonstrating compliance with sections 110(a)(1) 

and (2). 

2For the State of Georgia, EPA approved most 

elements, except for the Prong 1 and Prong 2 

interstate transport provisions, and the PSD 

provisions (elements C, Prong 3, and J), on March 

11, 2020. See 85 FR 14147. 

3The Prong 1 and Prong 2 interstate transport 

provisions for Georgia, were approved on 12/2/ 

2021. See 86 FR 68413. 

4Under CAA section 110(k)(4), EPA may 

conditionally approve a SIP revision based on a 

commitment from a state to adopt specific 

enforceable measures by a date certain, but not later 

than one year from the date of approval. If the state 

fails to meet the commitment within one year of the 

final conditional approval, the conditional approval 

will be treated as a disapproval and EPA will issue 

a finding of disapproval. 

5EPA conditionally approved the PSD provisions 

of element C, Prong 3, and element J on April 15, 

2020. See 85 FR 20836. The notice of proposed 

rulemaking associated with the conditional 

approval provides additional information regarding 

the CAA’s PSD iSIP provisions. See 85 FR 7695 

(February 11, 2020). 

9Section 842(c)(2)(C) of Title 21 provides that in addition to the penalties set forth elsewhere in the subchapter or subchapter II of the chapter, any business that 

violates paragraph (11) of subsection (a) of the section shall, with respect to the first such violation, be subject to a civil penalty of not more than $250,000, but shall 

not be subject to criminal penalties under the section, and shall, for any succeeding violation, be subject to a civil fine of not more than $250,000 or double the last 

previously imposed penalty, whichever is greater. 21 U.S.C. 842(c)(2)(C) (2015). The adjustment made by this regulation regarding the penalty for a succeeding violation is only applicable to the specific statutory penalty amount stated in subsection (c)(2)(C), which is only one aspect of the possible civil penalty for a succeeding 

violation imposed under section 842(c)(2)(C). 10Section 856(d)(1) of Title 21 provides that any person who violates subsection (a) of the section shall be subject to a civil penalty of not more than the greater of 

$250,000; or 2 times the gross receipts, either known or estimated, that were derived from each violation that is attributable to the person. 21 U.S.C. 856(d)(1) (2015). 

The adjustment made by this regulation is only applicable to the specific statutory penalty amount stated in subsection (d)(1)(A), which is only one aspect of the possible civil penalty imposed under section 856(d)(1). 11The SUPPORT for Patients and Communities Act, Public Law 115–221 was enacted Oct. 24, 2018. 

Dated: May 3, 2022. 

Hampton Y. Dellinger, 

Assistant Attorney General, Office of Legal 

Policy. 

[FR Doc. 2022–09928 Filed 5–6–22; 8:45 am] 

BILLING CODE 4410–19–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2022–0187; FRL–9606–02– 

R4] 

Air Plan Approval; GA; Updates to 

References to Appendix W Modeling 

Guidelines 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

a State Implementation Plan (SIP) 

revision submitted by the State of 

Georgia, through the Georgia 

Environmental Protection Division (GA 

EPD) on September 1, 2020. 

Specifically, EPA is finalizing approval 

of updates to the incorporation by 

reference of federal prevention of 

significant deterioration (PSD) new 

source review (NSR) regulations in the 

Georgia SIP. Based on the approval of 

this SIP revision, EPA is also converting 

the previous conditional approval 

regarding Georgia’s infrastructure SIP’s 

PSD elements for the 2015 Ozone 

National Ambient Air Quality Standard 

(NAAQS) to a full approval. EPA is 

finalizing approval of these changes 

pursuant to the Clean Air Act (CAA or 

Act). 

DATES: This rule is effective June 8, 

2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2022–0187. All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air and Radiation Division, 

U.S. Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. EPA requests that 

if at all possible, you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday 8:30 a.m. to 4:30 p.m., 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Josue Ortiz Borrero, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, Region 4, U.S. 

Environmental Protection Agency, 61 

Forsyth Street SW, Atlanta, Georgia 

30303–8960. The telephone number is 

(404) 562–8085. Mr. Ortiz can also be 

reached via electronic mail at 

ortizborrero.josue@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 1, 2015, EPA promulgated 

a revised primary and secondary 

NAAQS for ozone, revising the 8-hour 

ozone standards from 0.075 parts per 

million (ppm) to a new more protective 

level of 0.070 ppm. See 80 FR 65292 

(October 26, 2015). Pursuant to section 

110(a)(1) of the CAA, states are required 

to submit SIP revisions meeting the 

applicable requirements of section 

110(a)(2) within three years after 

promulgation of a new or revised 

NAAQS or within such shorter period 

as EPA may prescribe. Section 110(a)(2) 

requires states to address basic SIP 

elements such as requirements for 

monitoring, basic program 

requirements, and legal authority that 

are designed to assure attainment and 

maintenance of the NAAQS. This 

particular type of SIP is commonly 

referred to as an ‘‘infrastructure SIP’’ or 

‘‘iSIP.’’ States were required to submit 

such SIP revisions for the 2015 8-hour 

ozone NAAQS to EPA no later than 

October 1, 2018.1

On September 24, 2018, Georgia met 

its requirement to submit an iSIP for the 

2015 8-hour ozone NAAQS by the 

October 1, 2018, deadline. EPA 

subsequently approved most of the 

infrastructure SIP elements for the 2015 

Ozone NAAQS for the State. 2 3

However, regarding the PSD elements of 

section 110(a)(2)(C), (D)(i)(II) (prong 3), 

and (J) (hereinafter referred to as 

element C, Prong 3, and element J, 

respectively), EPA conditionally 

approved 4 these portions of Georgia’s 

iSIP submission because of outdated 

references to the federal guideline on air 

quality modeling found in Appendix W 

of 40 CFR part 51.5

For elements C and J to be approved 

for PSD, a state needs to demonstrate 

that its SIP meets the PSD-related 

infrastructure requirements of these 

sections. These requirements are met if 

the state’s implementation plan 

includes a PSD program that meets 

current federal requirements. Element 

D(i)(II) (prong 3) is also approvable 

when a state’s implementation plan 

contains a fully approved PSD program. 

EPA’s PSD regulations at 40 CFR 


khammond on DSKJM1Z7X2PROD with RULES