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Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Rules and Regulations purposes a drivers license or identification card issued under 37.71.
On or after May 3, 2023, Federal agencies shall not accept for official purposes a drivers license or identification card issued under 37.71.
Alejandro N. Mayorkas, Secretary.
FR Doc. 202109219 Filed 43021; 8:45 am BILLING CODE 91109MP

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Authority for This Rulemaking
14 CFR Parts 13 and 406
Office of the Secretary 14 CFR Part 383
Great Lakes St. Lawrence Seaway Development Corporation 33 CFR Part 401
Maritime Administration 46 CFR Parts 221, 307, 340, and 356
Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 107, 171, and 190
Federal Railroad Administration 49 CFR Parts 209, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 227, 228, 229, 230, 231, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, and 272
Federal Motor Carrier Safety Administration 49 CFR Part 386
National Highway Traffic Safety Administration 49 CFR Part 578
RIN 2105AE99

Civil Penalty Amounts Department of Transportation DOT or the Department.
ACTION: Final rule.
AGENCY:

In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, this final rule provides the 2021
inflation adjustment to civil penalty amounts that may be imposed for violations of certain DOT regulations. In
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SUMMARY:

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addition, this rule amends the Federal Aviation Administration regulations to set forth the new civil penalties established in Division V, Title I of the Consolidated Appropriations Act, 2021.
The rule also corrects a rounding error in an FAA penalty.
DATES: Effective May 3, 2021.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Kohl, Attorney-Advisor, Office of the General Counsel, U.S.
Department of Transportation, 1200
New Jersey Ave. SE, Washington, DC
20590, elizabeth.kohl@dot.gov.
SUPPLEMENTARY INFORMATION:

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This rule implements the Federal Civil Penalties Inflation Adjustment Act of 1990 FCPIAA, Public Law 101410, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 2015 Act, Public Law 11474, 129 Stat. 599, codified at 28 U.S.C. 2461 note. The FCPIAA and the 2015 Act require Federal agencies to adjust minimum and maximum civil penalty amounts for inflation to preserve their deterrent impact. The 2015 Act amended the formula and frequency of inflation adjustments. It required an initial catchup adjustment in the form of an interim final rule, followed by annual adjustments of civil penalty amounts using a statutorily mandated formula.
Section 4b2 of the 2015 Act specifically directs that the annual adjustment be accomplished through final rule without notice and comment.
This rule is effective immediately.
This rule also implements the authority to assess civil penalties for violations of requirements concerning certificates issued by the FAA and for interference with the duties of organization designation authorization unit members. These civil penalties were established in the Consolidated Appropriations Act, 2021, Public Law 116260 December 27, 2020, and are codified at 49 U.S.C. 44704 and 44742, respectively.
The Departments authorities over the specific civil penalty regulations being amended by this rule are provided in the preamble discussion below.
I. Background On November 2, 2015, the President signed into law the 2015 Act, which amended the FCPIAA, to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect.
The 2015 Act requires Federal agencies to: 1 Adjust the level of civil monetary penalties with an initial catch-up adjustment through an interim final rule
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IFR; and 2 make subsequent annual adjustments for inflation.
The 2015 Act directed the Office of Management and Budget OMB to issue guidance on implementing the required annual inflation adjustment no later than December 15 of each year.1 On December 23, 2020, OMB released this required guidance, in OMB
Memorandum M2110, which provides instructions on how to calculate the 2021 annual adjustment.
To derive the 2021 adjustment, the Department must multiply the maximum or minimum penalty amount by the percent change between the October 2020 Consumer Price Index for All Urban Consumers CPIU and the October 2019 CPIU. In this case, as explained in OMB Memorandum M21
10, the percent change between the October 2020 CPIU and the October 2019 CPIU is 1.01182.
II. Issuance of a Final Rule This final rule is being published without notice and comment and with an immediate effective date.
The 2015 Act provides clear direction for how to adjust the civil penalties, and clearly states at section 4b2 that this adjustment shall be made notwithstanding section 553 of title 5, United States Code. By operation of the 2015 Act, DOT must publish an annual adjustment by January 15 of every year, and the new levels take effect upon publication of the rule. In addition, as noted previously in the discussion of the authority for this rulemaking, Division V, Title I of the Consolidated Appropriations Act, 2021 provides explicit authority to assess civil penalties for violations of 49 U.S.C.
44704 and 44742. The rule also corrects a rounding error in an FAA penalty.
DOT does not have discretion with regard to effectuating the updates resulting from the changes to its authority, and the mathematical correction simply fixes a de minimis error of $3 for the maximum penalty.
Accordingly, DOT is publishing this final rule without prior notice and comment, and with an immediate effective date.
III. Discussion of the Final Rule In 2016, OST and DOTs operating administrations with civil monetary penalties promulgated the catch up IFR required by the 2015 Act. All DOT
operating administrations have already finalized their catch up IFRs and this rule makes the annual inflation adjustment required by the 2015 Act.
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U.S.C. 2461 note.

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