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Federal Register / Vol. 86, No. 198 / Monday, October 18, 2021 / Rules and Regulations
Enacted under the Tariff Act; exempt from inflation adjustments.

E. Transportation Security Administration The Transportation Security Administration TSA is updating its civil penalties regulation in accordance with the 2015 Act. Pursuant to its statutory authority in 49 U.S.C.
46301a1, 4, 5, 6, 49 U.S.C.
46301d2, 8, and 49 U.S.C. 114u, TSA may impose penalties for violations of statutes that TSA
administers, including penalties for
violations of implementing regulations or orders. Note that pursuant to division K, title I, sec. 1904b1I, of Public Law 115254, 132 Stat. 3186, 3545 Oct.
5, 2018, the TSA Modernization Act part of the FAA Reauthorization Act of 2018the former 49 U.S.C. 114v, which relates to penalties, was redesignated as 49 U.S.C. 114u.
TSA assesses these penalties for a wide variety of aviation and surface security requirements, including
violations of TSAs requirements applicable to Transportation Worker Identification Credentials TWIC,13 as well as violations of requirements described in chapter 449 of title 49 of the U.S.C. These penalties can apply to a wide variety of situations, as described in the statutory and regulatory provisions, as well as in guidance that TSA publishes. Below is a table showing the 2021 adjustment for the penalties that TSA administers.

TABLE 5TRANSPORTATION SECURITY ADMINISTRATION CIVIL PENALTIES ADJUSTMENTS
Penalty amount as adjusted in the 2020 FR

Multiplier

New penalty as adjusted by this final rule
Penalty name
Citation
Violation of 49 U.S.C. ch. 449 except secs. 44902, 44903d, 44907ad1A, 44907d1Cf, 44908, and 44909, or 49
U.S.C. 46302 or 46303, a regulation prescribed, or order issued thereunder by a person operating an aircraft for the transportation of passengers or property for compensation.
Violation of 49 U.S.C. ch. 449 except secs. 44902, 44903d, 44907ad1A, 44907d1Cf, 44908, and 44909, or 49
U.S.C. 46302 or 46303, a regulation prescribed, or order issued thereunder by an individual except an airman serving as an airman, any person not operating an aircraft for the transportation of passengers or property for compensation, or a small business concern.
Violation of any other provision of title 49 U.S.C. or of 46 U.S.C.
ch. 701, a regulation prescribed, or order issued thereunder.

49 U.S.C. 46301a1, 4, 5, 6; 49 U.S.C. 46301d2, 8;
49 CFR 1503.401c3.

$34,777 up to a total of $556,419
per civil penalty action.

1.01182

$35,188 up to a total of $562,996
per civil penalty action.

49 U.S.C. 46301a1, 4, 5;
49 U.S.C. 46301d8; 49 CFR
1503.401c1 and 2.

$13,910 up to a total of $69,553
total for small businesses, $556,419 for others.

1.01182

$14,074 up to a total of $70,375
for small businesses, $562,996
for others.

49 U.S.C. 114u; 49 CFR
1503.401b.

$11,904 up to a total of $59,522
total for small businesses, $476,174 for others .

1.01182

$12,045 up to a total of $60,226
total for small businesses, $481,802 for others.

jspears on DSK121TN23PROD with RULES1

Office of Mgmt. and Budget, Exec. Office of the President, M2110, Implementation of Penalty Inflation Adjustments for 2021, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 Dec. 23, 2020 https www.whitehouse.gov/wp-content/uploads/2020/12/M-21-10.pdf.
The $476,174 penalty amount was erroneously listed as $76,174 in the preamble of the 2020 final rule. It was correctly listed as $476,174 in the regulatory text of the 2020 final rule. DHS calculated the new penalty amount as adjusted by this final rule based on $476,174.

IV. Administrative Procedure Act DHS is promulgating this final rule to ensure that the amount of civil penalties that DHS assesses or enforces reflects the statutorily mandated ranges as adjusted for inflation. The 2015 Act provides a clear formula for adjustment of the civil penalties, leaving DHS and its components with little room for discretion. DHS and its components have been charged only with performing ministerial computations to determine the amounts of adjustments for inflation to civil monetary penalties. In these annual adjustments DHS is merely updating the penalty amounts by applying the cost-of-living adjustment multiplier that OMB has provided to agencies. Furthermore, the 2015 Act specifically instructed that agencies make the required annual adjustments notwithstanding section 553 of title 5 of the U.S.C. Thus, as specified in the 2015
Act, the prior public notice-and-

comment procedures and delayed effective date requirements of the Administrative Procedure Act APA do not apply to this rule. Further, as described above, this rule makes minor amendments to the regulations to reflect changes required by clear statutory authority, and DHS finds that prior notice and comment procedures and a delayed effective date for these amendments are unnecessary.

13 See, e.g., 46 U.S.C. 70105, 49 U.S.C. 46302 and 46303, and 49 U.S.C. chapter 449.

14 Office of Mgmt. and Budget, Exec. Office of the President, M2110, Implementation of Penalty Inflation Adjustments for 2021, Pursuant to the Federal Civil Penalties Inflation Adjustment Act
VerDate Sep<11>2014

16:35 Oct 15, 2021

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V. Regulatory Analyses A. Executive Orders 12866 and 13563
Executive Orders 12866 Regulatory Planning and Review and 13563
Improving Regulation and Regulatory Review 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 including potential economic, environmental, public health and safety
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effects, distributive impacts, and equity. Executive Order 13563
emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility.
OMB has not designated this final rule a significant regulatory action under section 3f of Executive Order 12866. Accordingly, OMB has not reviewed this rule.
This final rule makes nondiscretionary adjustments to existing civil monetary penalties in accordance with the 2015 Act and OMB
guidance.14 DHS therefore did not consider alternatives and does not have the flexibility to alter the adjustments of the civil monetary penalty amounts as provided in this rule. To the extent this final rule increases civil monetary penalties, it would result in an increase in transfers from persons or entities Improvements Act of 2015 Dec. 23, 2020 https
www.whitehouse.gov/wp-content/uploads/2020/12/
M-21-10.pdf.

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