23237

Rules and Regulations Federal Register Vol. 86, No. 83

Monday, May 3, 2021

This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: issued by states that are not compliant contains regulatory documents having general with the REAL ID standards as I. Public Participation applicability and legal effect, most of which determined by DHS. On March 7, 2011, are keyed to and codified in the Code of DHS invites interested persons to DHS changed the state-based Federal Regulations, which is published under comment on any aspect of this enforcement deadline from May 11, 50 titles pursuant to 44 U.S.C. 1510. rulemaking rule by submitting written 2011 to January 15, 2013.5 The Code of Federal Regulations is sold by comments via the Federal e-Rulemaking DHS then incrementally enforced this the Superintendent of Documents. Portal at https://www.regulations.gov. deadline through a phased-enforcement Use the Search bar to find the docket, schedule, pursuant to which using the docket number associated enforcement began at DHS headquarters, DEPARTMENT OF HOMELAND with this rulemaking. Comments followed by enforcement at federal SECURITY received, including any personal facilities and nuclear power plants.6 On information you have provided, may be January 8, 2016, DHS announced that Office of the Secretary posted without change. Whenever the final phase of the enforcement possible, please provide citations and schedule, applicable to individuals 6 CFR Part 37 copies of any relevant studies or reports boarding federally-regulated commercial [Docket No. DHS–2021–0019] on which your relies, as well as any aircraft, would begin on January 22, additional data which support your 2018.7 Thus, since January 22, 2018, the RIN 1601–AB03 comment. It is also helpful to explain Transportation Security Administration the basis and reasoning underlying any (TSA) has accepted driver’s licenses and Minimum Standards for Driver’s views expressed. Licenses and Identification Cards identification cards only if issued by Acceptable by Federal Agencies for II. Background compliant states (or states with an Official Purposes extension or under compliance review A. The REAL ID Act, Implementing from DHS) at screening checkpoints. AGENCY: Office of the Secretary, DHS. Regulations, and Phased Enforcement Under existing regulations, card-based ACTION: Interim final rule with request The REAL ID Act (the Act) sets enforcement is scheduled to begin on for comments. minimum security requirements for the October 1, 2021.8 Beginning on the card- issuance and production of driver’s based enforcement date, federal SUMMARY: This rule delays the date for licenses and identification cards issued agencies are prohibited from accepting card-based enforcement of the REAL ID by the states, territories, and the District for official purposes a license or regulations from October 1, 2021 until of Columbia in order for federal identification card issued by a state May 3, 2023. Beginning on that date, agencies to accept these documents for unless the license or card itself was federal agencies may not accept a state- official purposes.1 Official purposes issued in accordance with the REAL ID issued driver’s license or identification include: (1) Accessing federal facilities, standards by a REAL ID compliant card for official purposes from any (2) boarding federally regulated jurisdiction. individual unless such license or card is commercial aircraft, (3) entering nuclear In addition to compliant licenses and a REAL ID compliant driver’s license or power plants, and (4) any other identification cards, states may issue, to identification card issued by a state that purposes that the Secretary of individuals who are unable or unwilling DHS has determined is in full Homeland Security shall determine.2 to present the documents and compliance as defined under this part. On January 29, 2008, DHS published information necessary to obtain a REAL The regulations also permit federal a final rule implementing the Act’s ID compliant license, licenses and cards 3 agencies to accept for official purposes requirements. The regulation includes that are not acceptable by federal non-compliant driver’s licenses and both a deadline for state compliance agencies for official purposes. These identification cards until September 30, with the REAL ID requirements and a non-compliant licenses and cards must 2021. This rule also extends that date, deadline by which individuals must (1) clearly state that the card is not authorizing federal agencies to continue obtain a REAL ID compliant license or acceptable for official purposes, and (2) to accept non-compliant driver’s identification card in order to use that have a unique design or color indicator 4 licenses and identification cards until document for official purposes. DHS that clearly distinguishes them from the end of May 2, 2023. refers to these deadlines as ‘‘state- compliant licenses and identification DATES: This rule is effective on May 3, based’’ and ‘‘card-based’’ enforcement, cards.9 The REAL ID regulations 2021. Interested persons are invited to respectively. For state-based enforcement, the Act submit comments before the end of July 5 76 FR 12269 (Mar. 7, 2011) (codified as 2, 2021. and regulation prohibit federal agencies amended at 6 CFR 37.51(a)). ADDRESSES: Interested persons may from accepting licenses and cards 6 Cf. 6 CFR 37.51(a); DHS Releases Phased comment on any aspect of this Enforcement Schedule for REAL ID (Dec. 20, 2013), 1 Emergency Supplemental Appropriations Act available at https://www.dhs.gov/news/2013/12/20/ rulemaking rule by submitting written for Defense, the Global War on Terror, and Tsunami dhs-releases-phased-enforcement-schedule-real-id. comments via the Federal e-Rulemaking Relief, 2005, Public Law 109–13, Div. B. title II, 7 See Statement By Secretary Jeh C. Johnson on Portal at https://www.regulations.gov. §§ 201 to 207, May 11, 2005, as amended (codified the Final Phase of REAL ID Act Implementation at 49 U.S.C. 30301 note). FOR FURTHER INFORMATION CONTACT: (Jan. 8, 2016), available at https://www.dhs.gov/ 2 Id. news/2016/01/08/statement-secretary-jeh-c- Steve Yonkers, Director, REAL ID 3 See 73 FR 5272 (Jan. 29, 2008) (codified as johnson-final-phase-real-id-act-implementation. Program Office; telephone (202) 447– amended at 6 CFR part 37). 8 6 CFR 37.5(b). 3274; email [email protected]. 4 6 CFR 37.51(a) and 37.5. 9 6 CFR 37.71; REAL ID Act section 202(d)(11).

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authorize, but do not require, federal of the population eligible for a REAL ID C. Coronavirus Disease 2019 (COVID– agencies to accept these non-compliant license will have one by the current 19) cards until the end of May 2, 2023.10 October 1, 2021 full enforcement date. The remainder of the population would Coronavirus Disease 2019 (COVID– B. Progress Towards Full 19), a communicable disease caused by Implementation need another acceptable form of identification, where identification is a new (novel) coronavirus named Since its enactment in 2005, DHS has required for REAL ID official purposes, SARS–CoV–2, is a respiratory disease worked with the states to implement the including for use as identification at that can cause fever, cough, and requirements of the REAL ID Act. DHS TSA airport security checkpoints.14 difficulty breathing, with reported has provided funding, technical DHS has increased its level of illnesses ranging from mildly assistance, outreach, and engagement. outreach and engagement to the public symptomatic to severe illness and death. DHS has awarded over $263 million in and other REAL ID stakeholders, DHS continues to monitor and respond grant funding to assist in enhancements including airlines, airports, and others to the COVID–19 pandemic. As of April to driver’s license security programs.11 in the travel industry. Through these 19, 2021, there have been over 140 Additionally, technical infrastructure to engagements, DHS has received useful million confirmed cases globally, with support systems to verify applicant feedback regarding the challenges of 17 information is being used by the states, over 3 million confirmed deaths. In fully implementing REAL ID ahead of the United States, there have been over which is a key security component of the October 1, 2021, card-based the Act and regulation. DHS, the states, 31 million reported cases with over enforcement deadline. 563,000 reported deaths.18 and other stakeholders have conducted DHS also has been working with the broad outreach and engagement to states and other stakeholders to identify On January 31, 2020, the Secretary of inform the public of REAL ID ways to modernize the REAL ID the Department of Health and Human requirements and upcoming application process and to reduce Services declared a nationwide ‘‘public enforcement deadlines. A central and complexity and burdens. For example, health emergency’’ under section 319 of continuing goal has been to simplify the DHS issued a request for information the Public Health Service Act, 42 U.S.C. process and to make the various (RFI) on November 7, 2019, seeking 274d, as a result of confirmed cases of requirements easier to navigate, with the input from the public, states, private COVID–19.19 On March 11, 2020, the aim of reducing all relevant burdens and sector entities and other interested World Health Organization announced of promoting equity.12 stakeholders on ways to improve, that the COVID–19 outbreak can be These efforts have yielded significant streamline, and reduce burdens characterized as a pandemic. On March progress towards full REAL ID associated with the current application implementation. Fifty-five of the 56 13, 2020, the President determined that process through the use of new the ongoing COVID–19 pandemic is of jurisdictions subject to REAL ID have capabilities and technologies in achieved compliance with the REAL ID sufficient severity and magnitude to addition to other modifications to warrant an emergency determination standards and are currently issuing existing application requirements.15 The REAL ID-compliant licenses and under section 501(b) of the Robert T. RFI yielded more than 100 proposals Stafford Disaster Relief and Emergency identification cards. Based on REAL ID that included suggestions for data compiled by compliant states, DHS Assistance Act, 42 U.S.C. 5121–5207. In streamlining the application and estimates that compliant states, addition, on March 13, 2020, the issuance process by authorizing the territories and the District of Columbia submission of REAL ID applications and President declared a national emergency have issued approximately 119 million identity information through secure under sections 201 and 301 of the compliant licenses and cards, which electronic or digital transmission National Emergencies Act, 50 U.S.C. represent approximately 43 percent of 20 methods. Following consideration of 1601 et seq. More recently, on January the population eligible for these these proposals, DHS worked with 27, 2021, the Acting Secretary of documents.13 Data from the states also Congress to enact the REAL ID Homeland Security issued a Secretarial indicates that states have issued Modernization Act, which includes a Determination of National Emergency. approximately 90 million non- provision that would authorize states to Moreover, state and local jurisdictions compliant marked licenses and throughout the United States continue identification cards and approximately accept REAL ID applicant information to engage in various social distancing 64 million individuals still have legacy through electronic transmission methods following the issuance of practices and other efforts to reduce and licenses without any markings that were 16 issued before a state’s compliance regulations by DHS. mitigate against further spread of determination. At the current 0.5 COVID–19, including closing or 14 percent REAL ID issuance rate, DHS Although a significant segment of the reducing service times at government population may not currently possess a REAL ID, offices and by accepting in-person visits estimates that approximately 46 percent they may have other forms of identification acceptable for official purposes (e.g., a U.S. by appointment only. 10 See 84 FR 55017 (Oct. 15, 2019) and 85 FR passport, U.S. passport card, or military 23205 (Apr. 27, 2020) (codified at 6 CFR 37.5) identification). 17 WHO, Coronavirus disease 2019 (COVID–19) 15 (clarifying that the October 1, 2021 deadline by 84 FR 60104 (Nov. 7, 2019). This RFI is Weekly Epidemiological Update (March 3, 2021), which Federal agencies may no longer accept non- unrelated to a subsequent RFI issued on April 19, available at https://covid19.who.int. compliant driver’s licenses and identification cards 2021, which seeks information to inform a 18 CDC, COVID Data Tracker (accessed March 3, for official purposes applies to all non-compliant rulemaking to amend the REAL ID implementing 2021), available at https://covid.cdc.gov/covid-data- cards, including state-issued driver’s licenses and regulation, 6 CFR part 37, to address security identification cards marked to indicate that they standards and requirements for the issuance of tracker/. may not be used for official Federal purposes). mobile or digital driver’s licenses and identification 19 HHS, ‘‘Determination that a Public Health 11 Secure Identification State Progress Report- cards to enable Federal agencies to accept these Emergency Exists,’’ https://www.phe.gov/ Fiscal Year 2012 Report to Congress. credentials for official purposes as defined in the emergency/news/healthactions/phe/Pages/2019- 12 See E.O. 13707, Using Behavioral Science REAL ID Act and regulation. 86 FR 20320 (Apr. 19, nCoV.aspx. Insights to Better Serve the American People, 80 FR 2021). 20 Proclamation 9994 of Mar. 13, 2020 on 56365 (published Sept. 18, 2015). 16 The REAL ID Modernization Act, Title X, Div. Declaring a National Emergency Concerning the 13 Based on REAL ID issuance data voluntarily U of the Consolidated Appropriations Act, 2021, Novel Coronavirus Disease (COVID–19) Outbreak, submitted monthly to DHS by the compliant states. Public Law 116–260 (Dec. 27, 2020). 85 FR 15337 (Mar. 18, 2020).

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D. DHS Final Rule Extending the Card- taking this action to assure the public purposes, others may decide not to Based Deadline that there is no need to visit a state accept, or currently do not accept, non- Considering the impact of the COVID– driver’s licensing agency to obtain a compliant marked cards for official 19 pandemic on state and local REAL ID document at this time. purposes. Individuals who need to visit Accordingly, the Secretary is government operations and the desire to a federal facility, building, or office extending the date by which individuals reduce further spread by encouraging should check in advance whether the must obtain a REAL ID license or continued social distancing, in April agency requires identification for access identification card to use that document 2020 DHS issued a final rule extending purposes and, if they do, the forms of for official purposes until May 3, 2023. the REAL ID card-based enforcement identification they accept. This extension is intended to provide date for one year until October 1, IV. Regulatory Analysis sufficient time for DMVs across the 2021.21 DHS took this action to assist country to fully reopen in-person the states in avoiding in-person driver’s A. Administrative Procedure Act services. A safe and sustained reopening licensing agency visits and in DHS takes this action without prior of in-person services is necessary to recognition of the fact that, as a result notice and public comment, but meaningfully improve upon the current of the pandemic, most if not all states welcomes comment on all aspects of the 0.5 percent REAL ID issuance rate. As severely curtailed driver’s licensing action. noted above, at the current 0.5 percent agency operations and service hours and Sections 553(b) and (d) of the REAL ID issuance rate, DHS estimates authorized extensions for expiring Administrative Procedure Act (5 U.S.C. that approximately 46 percent of the driver’s licenses. 553) authorize agencies to dispense with population eligible for a REAL ID certain rulemaking procedures when III. Further Extending the Card-Based license will have one by the current they find good cause to do so. Under Enforcement Deadline October 1, 2021 full enforcement date. section 553(b), the requirements of Notwithstanding the substantial DHS believes that such an outcome notice and opportunity to comment do progress made towards full REAL ID would result in lengthy delays at airport not apply when the agency for good implementation, the Secretary security checkpoints and significant cause finds that these procedures are recognizes that significant challenges inconvenience to the traveling public. ‘‘impracticable, unnecessary, or contrary persist with full REAL ID enforcement Moreover, DHS anticipates that the to the public interest.’’ Section 553(d) in the current environment. The additional time provided by this allows an agency, upon finding good outbreak and continued spread of extension should be sufficient for states cause, to make a rule effective COVID–19 has significantly disrupted to implement and benefit from recent immediately, thereby avoiding the 30- the daily lives and activities of all and potential future changes to the day delayed effective date requirement Americans. It has shifted priorities and REAL ID issuance process. For instance, in section 553. severely curtailed daily interactions. In a provision of the REAL ID This interim final rule recognizes the important respects, it has had an Modernization Act allows states to need to extend the card-based especially severe impact on low-income immediately stop requiring applicants enforcement deadline in light of the communities, those in ill health, and the to provide separate physical significant disruption and uncertainty elderly. To limit exposure and reduce documentation of a Social Security in government operations now being the chance of transmission, state and account number. This flexibility, which caused by the COVID–19 virus, as well local government offices continue to would reduce the burden on applicants as the need to encourage appropriate operate at limited capacity, provide and may in some cases help applicants social distancing behavior. October 1, remote services, or, in some cases, avoid return trips to the DMV, has yet the previous deadline, is merely five remain temporarily closed to the to be implemented in all states. In months away, and a notice-and- public.22 Additionally, some states addition, also consistent with the REAL comment process would mean continue to authorize grace periods and ID Modernization Act, DHS is continuing uncertainty for state and extensions to those with expiring considering issuing regulations local governments, for airlines, for licenses as a further way to avoid in- authorizing new procedures for the travelers, and for numerous others. As person contact and mitigate risks to the electronic presentation of documents, also noted, many state and local health and safety of the public and state which may allow for a more rapid and government offices are operating at government employees. socially distanced issuance process. limited capacity. Some of them are DHS recognizes the continuing impact DHS requires time to develop such providing remote services; some of them these disruptions are creating on the regulations, and states would require are closed to the public. In addition, ability of many individuals to obtain a time for implementation. many states are continuing to curtail Finally, to avoid any confusion about REAL ID compliant license or driver’s licensing agency operations and the ability of federal agencies to identification card before October 1, service hours and have authorized continue to accept certain non- 2021. DHS also recognizes that these extensions for expiring driver’s licenses. compliant licenses and identification disruptions have had a particularly These restrictions are making it cards issued under § 37.71, DHS also is severe effect on some vulnerable unusually difficult for many people extending the date by which federal subpopulations. Moreover, the Secretary (especially those in certain regions or in agencies may continue to accept these recognizes the importance of social vulnerable groups, including those who licenses and identification cards for distancing, and with the commitments are in poor health) to do what is official purposes until the end of May 2, to fairness and equity in mind,23 is required to obtain REAL–ID. 2023. Although some agencies, In these circumstances, delaying the 21 85 FR 23205 (Apr. 27, 2020). including TSA, accept these licenses change to the regulation’s enforcement 22 Individuals should check with their state DMV and identification cards for official date by first undergoing notice and for policies and guidance on license issuance and comment would impede planning, renewals and other services during the disruption Federal Government, 86 FR 7009 (published Jan. 25, caused by COVID–19. 2021); E.O. 13563, Improving Regulation and would lead to undue uncertainty, and 23 See E.O. 13985, Advancing Racial Equity and Regulatory Review, 76 FR 3821 (published Jan. 21, could produce serious unfairness. It Support for Underserved Communities Through the 2011). would be contrary to the public interest,

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as an expeditious regulatory E. Executive Order 13132 (Federalism) individually or cumulatively have a announcement of the new deadline is A rule has federalism implications significant effect on the human necessary for state and individual under Executive Order 13132, environment and, therefore, do not planning purposes. These factors ‘‘Federalism,’’ if it has a substantial require an Environmental Assessment suggest that delays associated with direct effect on state governments, on (EA) or Environmental Impact notice and comment rulemaking would the relationship between the national Statement (EIS). 40 CFR 1507.3(b)(2)(ii), potentially undermine critical public government and the states, or on the 1508.4. For an action to be categorically health efforts at the federal, state, distribution of power and excluded, it must satisfy each of the territorial, or local level. DHS therefore responsibilities among the various following three conditions: (1) The has good cause to bypass such levels of government. DHS has analyzed entire action clearly fits within one or procedures, while also welcoming this rule under that Order and has more of the categorical exclusions; (2) comments on all aspects of this action. determined that although this rule the action is not a piece of a larger B. Paperwork Reduction Act affects the states, it does not impose action; and (3) no extraordinary substantial direct compliance costs or circumstances exist that create the This rule calls for no new collection preempt state law. In fact, the rule is potential for a significant environmental of information under the Paperwork responsive to concerns expressed by effect. Instruction Manual section Reduction Act of 1995 (44 U.S.C. 3501– state agencies regarding the upcoming V.B(2)(a)–(c). 3520). deadlines. DHS has determined that the The delay effectuated by this rule fits C. Executive Orders 12866 and 13563 rule is consistent with Executive Order within categorical exclusion A3(a) Assessment 13132. ‘‘Promulgation of rules . . . of a strictly administrative or procedural nature.’’ This rule constitutes a ‘‘significant F. Unfunded Mandates Assessment Instruction Manual, Appendix A, Table regulatory action’’ under Executive The Unfunded Mandates Reform Act 1. Furthermore, the rule is not part of a Order 12866, as supplemented by of 1995 requires Federal agencies to larger action and presents no Executive Order 13563, and therefore assess the effects of their discretionary extraordinary circumstances creating has been reviewed by the Office of regulatory actions. In particular, the the potential for significant Management and Budget (OMB). Unfunded Mandates Reform Act environmental impacts. Therefore, the Executive Order 12866 defines addresses actions that may result in the rule is categorically excluded from ‘‘significant regulatory action’’ as one expenditure by a state, local, or Tribal further NEPA review. that is likely to result in a rule that may government, in the aggregate, or by the (1) have an annual effect on the List of Subjects in 6 CFR Part 37 private section of $100 million (adjusted economy of $100 million or more or for inflation) or more in any one year. Document security, Driver’s licenses, adversely affect in a material way the This rule will not result in such an Identification cards, Motor vehicle economy, a sector of the economy, expenditure. administrations, Physical security. productivity, competition, jobs, the environment, public health or safety, or G. Executive Order 13175 (Tribal The Amendments state, local, or Tribal governments or Consultation) For the reasons set forth above, the communities; (2) create a serious This rule does not have Tribal Department of Homeland Security inconsistency or otherwise interfere Implications under Executive Order amends 6 CFR part 37 as follows: with an action taken or planned by 13175, ‘‘Consultation and Coordination another agency; (3) materially alter the with Indian Tribal Governments,’’ PART 37—REAL ID DRIVER’S budgetary impact of entitlements, because it does not have a substantial LICENSES AND IDENTIFICATION grants, user fees, or loan programs or the direct effect on one or more Indian CARDS rights or obligations of recipients Tribes, on the relationship between the ■ 1. The authority citation for part 37 thereof; or (4) raise novel legal or policy Federal Government and Indian Tribes, continues to read as follows: issues arising out of legal mandates, the or on the distribution of power and President’s priorities, or the principles responsibilities between the Federal Authority: 49 U.S.C. 30301 note; 6 U.S.C. set forth in the Executive Order. DHS is Government and Indian Tribes. 111, 112. proceeding under the emergency provision at Executive Order 12866 H. Environment Subpart A—General Section 6(a)(3)(D) based on the urgent DHS reviews proposed actions to ■ 2. In § 37.5, revise paragraphs (b) and determine whether the National needs described above. (c) to read as follows: Environmental Policy Act (NEPA) D. Regulatory Flexibility Act Assessment applies to them and, if so, what degree § 37.5 Validity periods and deadlines for The Regulatory Flexibility Act of of analysis is required. DHS Directive REAL ID driver’s licenses and identification 1980, 5 U.S.C. 601–612, as amended by 023–01 Rev. 01 (Directive) and cards. the Small Business Regulatory Instruction Manual 023–01–001–01 Rev. * * * * * Enforcement Fairness Act of 1996 (Pub. 01 (Instruction Manual) establish the (b) On or after May 3, 2023, Federal L. 104–121), requires Federal agencies procedures that DHS and its agencies shall not accept a driver’s to consider the potential impact of components use to comply with NEPA license or identification card for official regulations on small businesses, small and the Council on Environmental purposes from any individual unless government jurisdictions, and small Quality (CEQ) regulations for such license or card is a REAL ID– organizations during the development of implementing NEPA, 40 CFR parts 1500 compliant driver’s license or their rules. This rule, however, makes through 1508. identification card issued by a State that changes for which notice and comment The CEQ regulations allow federal has been determined by DHS to be in are not necessary. Accordingly, DHS is agencies to establish, with CEQ review full compliance as defined under this not required to prepare a regulatory and concurrence, categories of actions subpart. flexibility analysis. See 5 U.S.C. 603, (‘‘categorical exclusions’’) which (c) Through the end of May 2, 2023, 604. experience has shown do not Federal agencies may accept for official

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purposes a driver’s license or addition, this rule amends the Federal (IFR); and (2) make subsequent annual identification card issued under § 37.71. Aviation Administration regulations to adjustments for inflation. On or after May 3, 2023, Federal set forth the new civil penalties The 2015 Act directed the Office of agencies shall not accept for official established in Division V, Title I of the Management and Budget (OMB) to issue purposes a driver’s license or Consolidated Appropriations Act, 2021. guidance on implementing the required identification card issued under § 37.71. The rule also corrects a rounding error annual inflation adjustment no later in an FAA penalty. than December 15 of each year.1 On Alejandro N. Mayorkas, DATES: December 23, 2020, OMB released this Secretary. Effective May 3, 2021. FOR FURTHER INFORMATION CONTACT required guidance, in OMB [FR Doc. 2021–09219 Filed 4–30–21; 8:45 am] : Elizabeth Kohl, Attorney-Advisor, Memorandum M–21–10, which BILLING CODE 9110–9M–P Office of the General Counsel, U.S. provides instructions on how to Department of Transportation, 1200 calculate the 2021 annual adjustment. New Jersey Ave. SE, Washington, DC To derive the 2021 adjustment, the DEPARTMENT OF TRANSPORTATION 20590, [email protected]. Department must multiply the maximum or minimum penalty amount SUPPLEMENTARY INFORMATION: Federal Aviation Administration by the percent change between the Authority for This Rulemaking October 2020 Consumer Price Index for 14 CFR Parts 13 and 406 This rule implements the Federal All Urban Consumers (CPI–U) and the October 2019 CPI–U. In this case, as Office of the Secretary Civil Penalties Inflation Adjustment Act of 1990 (FCPIAA), Public Law 101–410, explained in OMB Memorandum M–21– 10, the percent change between the 14 CFR Part 383 as amended by the Federal Civil Penalties Inflation Adjustment Act October 2020 CPI–U and the October 2019 CPI–U is 1.01182. Great Lakes St. Lawrence Seaway Improvements Act of 2015 (2015 Act), Development Corporation Public Law 114–74, 129 Stat. 599, II. Issuance of a Final Rule codified at 28 U.S.C. 2461 note. The This final rule is being published 33 CFR Part 401 FCPIAA and the 2015 Act require Federal agencies to adjust minimum and without notice and comment and with an immediate effective date. Maritime Administration maximum civil penalty amounts for inflation to preserve their deterrent The 2015 Act provides clear direction for how to adjust the civil penalties, and 46 CFR Parts 221, 307, 340, and 356 impact. The 2015 Act amended the formula and frequency of inflation clearly states at section 4(b)(2) that this adjustment shall be made Pipeline and Hazardous Materials adjustments. It required an initial catch- ‘‘notwithstanding section 553 of title 5, Safety Administration up adjustment in the form of an interim final rule, followed by annual United States Code.’’ By operation of the 2015 Act, DOT must publish an annual 49 CFR Parts 107, 171, and 190 adjustments of civil penalty amounts using a statutorily mandated formula. adjustment by January 15 of every year, and the new levels take effect upon Federal Railroad Administration Section 4(b)(2) of the 2015 Act specifically directs that the annual publication of the rule. In addition, as noted previously in the discussion of 49 CFR Parts 209, 213, 214, 215, 216, adjustment be accomplished through the authority for this rulemaking, 217, 218, 219, 220, 221, 222, 223, 224, final rule without notice and comment. Division V, Title I of the Consolidated 225, 227, 228, 229, 230, 231, 233, 234, This rule is effective immediately. Appropriations Act, 2021 provides 235, 236, 237, 238, 239, 240, 241, 242, This rule also implements the explicit authority to assess civil 243, 244, and 272 authority to assess civil penalties for violations of requirements concerning penalties for violations of 49 U.S.C. 44704 and 44742. The rule also corrects Federal Motor Carrier Safety certificates issued by the FAA and for a rounding error in an FAA penalty. Administration interference with the duties of organization designation authorization DOT does not have discretion with regard to effectuating the updates 49 CFR Part 386 unit members. These civil penalties were established in the Consolidated resulting from the changes to its authority, and the mathematical National Highway Traffic Safety Appropriations Act, 2021, Public Law correction simply fixes a de minimis Administration 116–260 (December 27, 2020), and are codified at 49 U.S.C. 44704 and 44742, error of $3 for the maximum penalty. Accordingly, DOT is publishing this 49 CFR Part 578 respectively. The Department’s authorities over the final rule without prior notice and RIN 2105–AE99 specific civil penalty regulations being comment, and with an immediate amended by this rule are provided in effective date. Civil Penalty Amounts the preamble discussion below. III. Discussion of the Final Rule AGENCY: Department of Transportation I. Background (DOT or the Department). In 2016, OST and DOT’s operating administrations with civil monetary ACTION: Final rule. On November 2, 2015, the President signed into law the 2015 Act, which penalties promulgated the ‘‘catch up’’ SUMMARY: In accordance with the amended the FCPIAA, to improve the IFR required by the 2015 Act. All DOT Federal Civil Penalties Inflation effectiveness of civil monetary penalties operating administrations have already Adjustment Act Improvements Act of and to maintain their deterrent effect. finalized their ‘‘catch up’’ IFRs and this 2015, this final rule provides the 2021 The 2015 Act requires Federal agencies rule makes the annual inflation inflation adjustment to civil penalty to: (1) Adjust the level of civil monetary adjustment required by the 2015 Act. amounts that may be imposed for penalties with an initial ‘‘catch-up’’ violations of certain DOT regulations. In adjustment through an interim final rule 1 28 U.S.C. 2461 note.

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