Adjustment of Civil Monetary Penalty Amounts for 2021, 14370-14374 [2021-04817]
Download as PDF
<![CDATA[
14370
Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Rules and Regulations
Collective (ASB 505–21–20), BHT–505–FM–
1, Temporary Revision (TR–6) or Bell 505
RFM TR for Pilot Collective (ASB 505–21–
20), BHT–505–FM–2, Temporary Revision
(TR–1), each dated March 3, 2021, as
applicable to your helicopter. Using a
different document with information
identical to the information for the ‘‘Flight
Crew’’ and ‘‘Configuration,’’ as applicable to
your helicopter, in the RFM TR specified in
this paragraph for your helicopter is
acceptable for compliance with the
requirements of this paragraph. This action
may be performed by the owner/operator
(pilot) holding at least a private pilot
certificate and must be entered into the
aircraft records showing compliance with
this AD in accordance with § 43.9(a)(1)
through (4) and § 91.417(a)(2)(v). The record
must be maintained as required by § 91.417,
§ 121.380, or § 135.439.
(2) Before further flight after the effective
date of this AD, and thereafter at intervals not
to exceed 25 hours time-in-service:
(i) Remove the pilot collective stick and
grip assembly from the jackshaft assembly
and clean the areas specified in Figure 2 of
Bell Alert Service Bulletin 505–21–20,
Revision B, dated March 3, 2021 (ASB 505–
21–20 Rev B) with a clean cloth C–516C or
equivalent moistened with dry cleaning
solvent C–304 or equivalent.
(ii) Perform a fluorescent penetrant
inspection (FPI) for a crack by following the
Accomplishment Instructions, paragraph 5.
(but not paragraphs 5.a. and b.) of ASB 505–
21–20 Rev B. Perform this FPI in the areas
specified in Figure 2 of ASB 505–21–20 Rev
B. If there is a crack, before further flight,
remove the pilot collective stick and grip
assembly from service.
(3) Within 10 days after the discovery of
any crack, report the information specified in
paragraph 5.a. of ASB 505–21–20 Rev B to
Bell Product Support Engineering at
productsupport@bellflight.com.
(4) As of the effective date of this AD, do
not install any pilot collective stick and grip
assembly on any helicopter unless the
actions required by paragraphs (g)(2)(i) and
(ii) have been accomplished.
(5) As of the effective date of this AD, relief
under any Master Minimum Equipment List
or Minimum Equipment List for the Audio
Panel is prohibited when the aircraft is
operated with a single pilot.
(h) Credit for Previous Actions
jbell on DSKJLSW7X2PROD with RULES
If you performed an FPI of the pilot
collective stick and grip assembly before the
effective date of this AD using Bell Alert
Service Bulletin 505–21–20, dated February
20, 2021, or Bell Alert Service Bulletin 505–
21–20, Revision A, dated February 26, 2021,
you met the before further flight FPI
requirement of paragraph (g)(2) of this AD.
(i) Special Flight Permits
A special flight permit to a maintenance
facility may be granted provided that:
(1) There are no passengers on-board,
(2) The helicopter is flown from the copilot
seat only, and
(3) The GMA (intercom) is operative.
VerDate Sep<11>2014
15:56 Mar 15, 2021
Jkt 253001
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, International Validation
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the International Validation
office, send it to the attention of the person
identified in paragraph (k)(1) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
Issued on March 10, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–05513 Filed 3–12–21; 4:15 pm]
BILLING CODE 4910–13–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Parts 28, 30, 87, 180, and 3282
[Docket No. FR–6252–F–01]
Adjustment of Civil Monetary Penalty
Amounts for 2021
AGENCY:
Office of the General Counsel,
HUD.
Final rule.
(k) Related Information
ACTION:
(1) Hal Jensen, Aerospace Engineer,
Operational Safety Branch, Compliance &
Airworthiness Division, FAA National
Headquarters, 950 L’Enfant Plaza N SW,
Washington, DC 20024; telephone (202) 267–
9167; email hal.jensen@faa.gov.
(2) The subject of this AD is addressed in
Transport Canada Emergency AD CF–2021–
05R2, dated March 4, 2021. You may view
the Transport Canada AD on the internet at
https://www.regulations.gov in Docket No.
FAA–2021–0144.
SUMMARY:
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Bell Alert Service Bulletin 505–21–20,
Revision B, dated March 3, 2021.
(ii) Bell 505 Rotorcraft Flight Manual
Temporary Revision for Pilot Collective (ASB
505–21–20), BHT–505–FM–1, Temporary
Revision (TR–6), dated March 3, 2021.
(iii) Bell 505 Rotorcraft Flight Manual
Temporary Revision for Pilot Collective (ASB
505–21–20), BHT–505–FM–2, Temporary
Revision (TR–1), dated March 3, 2021.
(3) For service information identified in
this AD, contact Bell Textron Canada
Limited, 12,800 Rue de l’Avenir, Mirabel,
Quebec J7J1R4; telephone (450) 437–2862 or
(800) 363–8023; fax (450) 433–0272; or at
https://www.bellcustomer.com.
(4) You may view this service information
at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy.,
Room 6N–321, Fort Worth, TX 76177. For
information on the availability of this
material at the FAA, call (817) 222–5110.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email: fedreg.legal@nara.gov, or go to:
https://www.archives.gov/federal-register/cfr/
ibr-locations.html.
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
This rule provides for 2021
inflation adjustments of civil monetary
penalty amounts required by the Federal
Civil Penalties Inflation Adjustment Act
of 1990, as amended by the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015.
DATES: Effective April 15, 2021.
FOR FURTHER INFORMATION CONTACT:
Aaron Santa Anna, Associate General
Counsel for Legislation and Regulations,
Office of the General Counsel,
Department of Housing and Urban
Development, 451 7th Street SW, Room
10276, Washington, DC 20024;
telephone number 202–402–5138 (this
is not a toll-free number). Hearing- or
speech-impaired individuals may access
this number via TTY by calling the
Federal Relay Service at 800–877–8339
(this is a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Background
The Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (the 2015 Act) (Pub. L. 114–74,
Sec. 701), which further amended the
Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410), requires agencies to make annual
adjustments to civil monetary penalty
(CMP) amounts for inflation
‘‘notwithstanding section 553 of title 5,
United States Code.’’ Section 553 refers
to the Administrative Procedure Act,
which provides for advance notice and
public comment during the rulemaking
process. However, as explained in
Section III below, HUD has determined
that advance notice and public
comment on this final rule is
unnecessary.
This annual adjustment is for 2021.
The annual adjustment is based on the
percent change between the U.S.
Department of Labor’s Consumer Price
E:\FR\FM\16MRR1.SGM
16MRR1
Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Rules and Regulations
Index for All Urban Consumers (‘‘CPI–
U’’) for the month of October preceding
the date of the adjustment, and the CPI–
U for October of the prior year (28
U.S.C. 2461 note, section (5)(b)(1)).
Based on that formula, the cost-of-living
adjustment multiplier for 2021 is
1.01182.1 Pursuant to the 2015 Act,
adjustments are rounded to the nearest
dollar.2
II. This Final Rule
This final rule makes the required
2021 inflation adjustment of HUD’s civil
Previous amount
Omnibus Budget Reconciliation
Act of 1986 (31 U.S.C.
3802(a)(1)).
Omnibus Budget Reconciliation
Act of 1986 (31 U.S.C. 3802
(a)(2)).
Department of Housing and Urban
Development Act (42 U.S.C.
3537a(c)).
Department of Housing and Urban
Development Act (42 U.S.C.
3545(f)).
HUD Reform Act of 1989 (12
U.S.C. 1735f–14(a)(2)).
HUD Reform Act of 1989 (12
U.S.C. 1735f–14(a)(2)).
Housing Community Development
Act of 1992 (12 U.S.C. 1715z–
13a(g)(2)).
HUD Reform Act of 1989 (12
U.S.C. 1735f–15(c)(2)).
HUD Reform Act of 1989 (12
U.S.C. 1723i(a)).
HUD Reform Act of 1989 (12
U.S.C. 1703).
Title X—Residential Lead-Based
Paint Hazard Reduction Act of
1992 (42 U.S.C. 4852d(b)(1)).
Multifamily Assisted Housing Reform and Affordability Act of
1997 (42 U.S.C. 1437z–1(b)(2)).
The Lobbying Disclosure Act of
1995 (31 U.S.C. 1352).
Fair Housing Act (42 U.S.C.
3612(g)(3)).
§ 28.10(a) ..........
$11,665 ..........................................
$11,803.
§ 28.10(b) ..........
$11,665 ..........................................
$11,803.
§ 30.20 ...............
$20,489 ..........................................
$20,731.
§ 30.25 ...............
$20,489 ..........................................
$20,731.
§ 30.35 ...............
Per Violation: $10,245; Per Year:
$2,048,915.
Per Violation: $10,245; Per Year:
$2,048,915.
Per Violation: $10,245; Per Year:
$2,048,915.
Per Violation: $10,366; Per Year:
$2,073,133.
Per Violation: $10,366; Per Year:
$2,073,133.
Per Violation: $10,366; Per Year:
$2,073,133.
§ 30.45 ...............
$51,222 ..........................................
$51,827
§ 30.50 ...............
§ 30.65 ...............
Per Violation: $10,245; Per Year:
$2,048,915.
Per Violation: $10,245; Per Year:
$2,048,915.
$18,149 ..........................................
Per Violation: $10,366; Per Year:
$2,073,133.
Per Violation: $10,366; Per Year:
$2,073,133.
$18,364.
§ 30.68 ...............
$39,811 ..........................................
$40,282.
§ 87.400 .............
Min: $20,489; Max: $204,892 .......
Min: $20,731; Max: $207,314.
§ 180.671(a) ......
Housing Community Development
Act of 1974 (42 U.S.C. 5410).
§ 3282.10 ...........
No Priors: $21,410; One Prior:
$53,524; Two or More Priors:
$107,050.
Per Violation: $2,976; Per Year:
$3,719,428.
No Priors: $21,663; One Prior:
$54,157; Two or More Priors:
$108,315.
Per Violation: $3,011; Per Year:
$3,763,392.
Statutory citation
False Claims ..................................
Advance Disclosure of Funding ....
Disclosure of Subsidy Layering .....
FHA Mortgagees and Lenders
Violations.
Other FHA Participants Violations
Indian Loan Mortgagees Violations
Multifamily & Section 202 or 811
Owners Violations.
Ginnie Mae Issuers & Custodians
Violations.
Title I Broker & Dealers Violations
Lead Disclosure Violation ..............
Section 8 Owners Violations .........
Lobbying Violation .........................
Fair Housing Act Civil Penalties ....
Manufactured Housing Regulations Violation.
III. Justification for Final Rulemaking
for the 2021 Adjustments
HUD generally publishes regulations
for public comment before issuing a rule
for effect, in accordance with its own
regulations on rulemaking in 24 CFR
part 10. However, part 10 provides for
exceptions to the general rule if the
agency finds good cause to omit
advanced notice and public
participation. The good cause
requirement is satisfied when prior
public procedure is ‘‘impractical,
1 Office of Management and Budget, M–21–10,
Memorandum for the Heads of Executive
Departments and Agencies, Implementation of
Penalty Inflation Adjustments for 2021, Pursuant to
VerDate Sep<11>2014
15:56 Mar 15, 2021
penalty. In the third column
(‘‘Regulatory Citation’’), HUD provides
the Code of Federal Regulations citation
under Title 24 for the penalty. In the
fourth column (‘‘Previous Amount’’),
HUD provides the amount of the penalty
pursuant to the rule implementing the
2020 adjustment (85 FR 13041, April 06,
2020). In the fifth column (‘‘2021
Adjusted Amount’’), HUD lists the
penalty after applying the 2021 inflation
adjustment.
Regulatory
citation
(24 CFR)
Description
False Statements ..........................
jbell on DSKJLSW7X2PROD with RULES
money penalty amounts. Since HUD is
not applying these adjustments
retroactively, the 2021 increases apply
to violations occurring on or after this
rule’s effective date. HUD provides a
table showing how, for each component,
the penalties are being adjusted for 2021
pursuant to the 2015 Act. In the first
column (‘‘Description’’), HUD provides
a description of the penalty. In the
second column (‘‘Statutory Citation’’),
HUD provides the United States Code
statutory citation providing for the
14371
Jkt 253001
§ 30.36 ...............
§ 30.40 ...............
§ 30.60 ...............
2021 adjusted amount
unnecessary, or contrary to the public
interest’’ (see 24 CFR 10.1). As
discussed, this final rule makes the
required 2021 inflation adjustment,
which HUD does not have discretion to
change. Moreover, the 2015 Act
specifies that a delay in the effective
date under the Administrative
Procedure Act is not required for annual
adjustments under the 2015 Act. HUD
has determined, therefore, that it is
unnecessary to delay the effectiveness of
the 2021 inflation adjustments to solicit
public comments.
Section 7(o) of the Department of
Housing and Urban Development Act
(42 U.S.C. 3535(o)) requires that any
HUD regulation implementing any
provision of the Department of Housing
and Urban Development Reform Act of
1989 that authorizes the imposition of a
civil money penalty may not become
effective until after the expiration of a
public comment period of not less than
60 days. This rule does not authorize
the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015. (https://
www.whitehouse.gov/wp-content/uploads/2020/12/
M-21-10.pdf). (October 2020 CPI–U (260.388)/
October 2019 CPI–U (257.346) = 1.01182.)
2 28 U.S.C. 2461 note.
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
E:\FR\FM\16MRR1.SGM
16MRR1
14372
Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Rules and Regulations
the imposition of a civil money
penalty—rather, it makes a standard
inflation adjustment to penalties that
were previously authorized. As noted
above, the 2021 inflation adjustments
are made in accordance with a
statutorily prescribed formula that does
not provide for agency discretion.
Accordingly, a delay in the effectiveness
of the 2021 inflation adjustments in
order to provide the public with an
opportunity to comment is unnecessary
because the 2015 Act exempts the
adjustments from the need for delay, the
rule does not authorize the imposition
of a civil money penalty, and, in any
event, HUD would not have the
discretion to make changes as a result of
any comments.
IV. Findings and Certifications
jbell on DSKJLSW7X2PROD with RULES
Regulatory Review—Executive Orders
12866 and 13563
Under Executive Order 12866
(Regulatory Planning and Review) (58
FR 51735), a determination must be
made whether a regulatory action is
significant and, therefore, subject to
review by the Office of Management and
Budget (OMB) in accordance with the
requirements of the order. Executive
Order 13563 (Improving Regulations
and Regulatory Review) (76 FR 3821)
directs executive agencies to analyze
regulations that are ‘‘outmoded,
ineffective, insufficient, or excessively
burdensome, and to modify, streamline,
expand, or repeal them in accordance
with what has been learned.’’ Executive
Order 13563 also directs that, where
relevant, feasible, and consistent with
regulatory objectives, and to the extent
permitted by law, agencies are to
identify and consider regulatory
approaches that reduce burdens and
maintain flexibility and freedom of
choice for the public. As discussed
above in this preamble, this final rule
adjusts existing civil monetary penalties
for inflation by a statutorily required
amount. HUD determined that this rule
was not significant under Executive
Order 12866 and Executive Order
13563.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.) generally requires
an agency to conduct a regulatory
flexibility analysis of any rule subject to
notice and comment rulemaking
requirements, unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Because HUD
has determined that good cause exists to
issue this rule without prior public
comment, this rule is not subject to the
VerDate Sep<11>2014
15:56 Mar 15, 2021
Jkt 253001
requirement to publish an initial or final
regulatory flexibility analysis under the
RFA as part of such action.
List of Subjects
24 CFR Part 28
Administrative practice and
procedure, Claims, Fraud, Penalties.
Unfunded Mandates Reform
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UMRA) 3
requires that an agency prepare a
budgetary impact statement before
promulgating a rule that includes a
Federal mandate that may 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. If a budgetary impact
statement is required, section 205 of
UMRA also requires an agency to
identify and consider a reasonable
number of regulatory alternatives before
promulgating a rule.4 However, the
UMRA applies only to rules for which
an agency publishes a general notice of
proposed rulemaking. As discussed
above, HUD has determined, for good
cause, that prior notice and public
comment is not required on this rule
and, therefore, the UMRA does not
apply to this final rule.
24 CFR Part 30
Executive Order 13132, Federalism
Administrative practice and
procedure, Consumer protection,
Intergovernmental relations,
Manufactured homes, Reporting and
recordkeeping requirements.
Accordingly, for the reasons described
in the preamble, HUD amends 24 CFR
parts 28, 30, 87, 180, and 3282 to read
as follows:
Executive Order 13132 (entitled
‘‘Federalism’’) (64 FR 43255) prohibits
an agency from publishing any rule that
has federalism implications if the rule
either imposes substantial direct
compliance costs on State and local
governments and is not required by
statute, or the rule preempts State law,
unless the agency meets the
consultation and funding requirements
of section 6 of the Executive Order. This
rule will not have federalism
implications and would not impose
substantial direct compliance costs on
State and local governments or preempt
State law within the meaning of the
Executive order.
This final rule does not direct,
provide for assistance or loan and
mortgage insurance for, or otherwise
govern, or regulate, real property
acquisition, disposition, leasing,
rehabilitation, alteration, demolition, or
new construction, or establish, revise, or
provide for standards for construction or
construction materials, manufactured
housing, or occupancy. Accordingly,
under 24 CFR 50.19(c)(1), this final rule
is categorically excluded from
environmental review under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321).
42
PO 00000
U.S.C. 1532.
U.S.C. 1535.
Frm 00010
Fmt 4700
Sfmt 4700
24 CFR Part 87
Government contracts, Grant
programs, Loan programs, Lobbying,
Penalties, Reporting and recordkeeping
requirements.
24 CFR Part 180
Administrative practice and
procedure, Aged, Civil rights, Fair
housing, Persons with disabilities,
Investigations, Mortgages, Penalties,
Reporting and recordkeeping
requirements.
24 CFR Part 3282
PART 28—IMPLEMENTATION OF THE
PROGRAM FRAUD CIVIL REMEDIES
ACT OF 1986
1. The authority citation for part 28
continues to read as follows:
■
Authority: 28 U.S.C. 2461 note; 31 U.S.C.
3801–3812; 42 U.S.C. 3535(d).
2. In § 28.10, revise paragraphs (a)(1)
introductory text and (b)(1) introductory
text to read as follows:
■
Environmental Review
32
Administrative practice and
procedure, Grant programs—housing
and community development, Loan
programs—housing and community
development, Mortgage insurance,
Penalties.
§ 28.10 Basis for civil penalties and
assessments.
(a) * * *. (1) A civil penalty of not
more than $11,803 may be imposed
upon any person who makes, presents,
or submits, or causes to be made,
presented, or submitted, a claim that the
person knows or has reason to know:
*
*
*
*
*
(b) * * *. (1) A civil penalty of not
more than $11,803 may be imposed
upon any person who makes, presents,
or submits, or causes to be made,
presented, or submitted, a written
statement that:
*
*
*
*
*
E:\FR\FM\16MRR1.SGM
16MRR1
Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Rules and Regulations
■
3. The authority citation for part 30
continues to read as follows:
§ 30.50
■
GNMA issuers and custodians.
*
4. In § 30.20, revise paragraph (b) to
read as follows:
*
*
*
*
(c) * * * The maximum penalty is
$10,366 for each violation, up to a limit
of $2,073,133 during any one-year
period. * * *
■ 11. In § 30.60, revise paragraph (c) to
read as follows:
§ 30.20 Ethical violations by HUD
employees.
§ 30.60 Dealers or sponsored third-party
originators.
*
*
Authority: 12 U.S.C. 1701q–1, 1703, 1723i,
1735f–14, and 1735f–15; 15 U.S.C. 1717a; 28
U.S.C. 1 note and 2461 note; 42 U.S.C.
1437z–1 and 3535(d).
■
*
*
*
*
(b) Maximum penalty. The maximum
penalty is $20,731 for each violation.
■ 5. In § 30.25, revise paragraph (b) to
read as follows:
§ 30.25 Violations by applicants for
assistance.
*
*
*
*
*
(b) Maximum penalty. The maximum
penalty is $20,731 for each violation.
■ 6. In § 30.35, revise the first sentence
in paragraph (c)(1) to read as follows:
§ 30.35
Mortgagees and lenders.
*
*
*
*
*
(c)(1) * * * The maximum penalty is
$10,366 for each violation, up to a limit
of $2,073,133 for all violations
committed during any one-year period.
* * *
*
*
*
*
*
■ 7. In § 30.36, revise the first sentence
in paragraph (c) to read as follows:
§ 30.36 Other participants in FHA
programs.
*
*
*
*
(c) * * * The maximum penalty is
$10,366 for each violation, up to a limit
of $2,073,133 for all violations
committed during any one-year period.
* * *
■ 8. In § 30.40, revise the first sentence
in paragraph (c) to read as follows:
§ 30.40 Loan guarantees for Indian
housing.
*
*
*
*
*
(c) * * * The maximum penalty is
$10,366 for each violation, up to a limit
of $2,073,133 for all violations
committed during any one-year period.
* * *
■ 9. In § 30.45, revise paragraph (g) to
read as follows:
§ 30.45 Multifamily and section 202 or 811
mortgagors.
*
*
*
*
*
(g) Maximum penalty. The maximum
penalty for each violation under
paragraphs (c) and (f) of this section is
$51,827.
*
*
*
*
*
VerDate Sep<11>2014
15:56 Mar 15, 2021
Jkt 253001
*
*
*
*
(c) Amount of penalty. The maximum
penalty is $10,366 for each violation, up
to a limit for any particular person of
$2,073,133 during any one-year period.
■ 12. In § 30.65, revise paragraph (b) to
read as follows:
§ 30.65 Failure to disclose lead-based
paint hazards.
*
*
*
*
*
(b) Amount of penalty. The maximum
penalty is $18,364 for each violation.
■ 13. In § 30.68, revise paragraph (c) to
read as follows:
§ 30.68
Section 8 owners.
*
*
*
*
*
(c) Maximum penalty. The maximum
penalty for each violation under this
section is $40,282.
*
*
*
*
*
PART 87—NEW RESTRICTIONS ON
LOBBYING
14. The authority citation for part 87
continues to read as follows:
■
*
jbell on DSKJLSW7X2PROD with RULES
10. In § 30.50, revise the first sentence
in paragraph (c) to read as follows:
PART 30—CIVIL MONEY PENALTIES:
CERTAIN PROHIBITED CONDUCT
Authority: 28 U.S.C. 1 note; 31 U.S.C.
1352; 42 U.S.C. 3535(d).
15. In § 87.400, revise paragraphs (a),
(b), and (e) to read as follows:
■
§ 87.400
Penalties.
(a) Any person who makes an
expenditure prohibited herein shall be
subject to a civil penalty of not less than
$20,731 and not more than $207,314 for
each such expenditure.
(b) Any person who fails to file or
amend the disclosure form (see
appendix B of this part) to be filed or
amended if required herein, shall be
subject to a civil penalty of not less than
$20,731 and not more than $207,314 for
each such failure.
*
*
*
*
*
(e) First offenders under paragraphs
(a) or (b) of this section shall be subject
to a civil penalty of $20,731, absent
aggravating circumstances. Second and
subsequent offenses by persons shall be
subject to an appropriate civil penalty
between $20,731 and $207,314 as
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
14373
determined by the agency head or his or
her designee.
*
*
*
*
*
PART 180—CONSOLIDATED HUD
HEARING PROCEDURES FOR CIVIL
RIGHTS MATTERS
16. The authority citation for part 180
continues to read as follows:
■
Authority: 28 U.S.C. 1 note; 29 U.S.C. 794;
42 U.S.C. 2000d–1, 3535(d), 3601–3619,
5301–5320, and 6103.
17. In § 180.671, revise paragraphs
(a)(1) through (3) to read as follows:
■
§ 180.671 Assessing civil penalties for Fair
Housing Act cases.
(a) * * *
(1) $21,663, if the respondent has not
been adjudged in any administrative
hearing or civil action permitted under
the Fair Housing Act or any state or
local fair housing law, or in any
licensing or regulatory proceeding
conducted by a federal, state, or local
governmental agency, to have
committed any prior discriminatory
housing practice.
(2) $54,157, if the respondent has
been adjudged in any administrative
hearing or civil action permitted under
the Fair Housing Act, or under any state
or local fair housing law, or in any
licensing or regulatory proceeding
conducted by a federal, state, or local
government agency, to have committed
one other discriminatory housing
practice and the adjudication was made
during the 5-year period preceding the
date of filing of the charge.
(3) $108,315, if the respondent has
been adjudged in any administrative
hearings or civil actions permitted
under the Fair Housing Act, or under
any state or local fair housing law, or in
any licensing or regulatory proceeding
conducted by a federal, state, or local
government agency, to have committed
two or more discriminatory housing
practices and the adjudications were
made during the 7-year period
preceding the date of filing of the
charge.
*
*
*
*
*
PART 3282—MANUFACTURED HOME
PROCEDURAL AND ENFORCEMENT
REGULATIONS
18. The authority citation for part
3282 continues to read as follows:
■
Authority: 15 U.S.C. 2967; 42 U.S.C.
3535(d), 5403, and 5424.
19. Revise § 3282.10 to read as
follows:
■
E:\FR\FM\16MRR1.SGM
16MRR1
14374
§ 3282.10
Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Rules and Regulations
Civil and criminal penalties.
Damon Smith,
Principal Deputy General Counsel.
[FR Doc. 2021–04817 Filed 3–15–21; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED–2020–OSERS–0063]
Final Priority and Definitions—
American Indian Vocational
Rehabilitation Training and Technical
Assistance Center
Office of Special Education and
Rehabilitative Services (OSERS),
Department of Education.
ACTION: Final priority and definitions.
AGENCY:
The Department of Education
(Department) announces a priority and
definitions to fund an American Indian
Vocational Rehabilitation Training and
Technical Assistance Center
(AIVRTTAC), Assistance Listing
Number 84.250Z. The Department may
use the priority and definitions for
competitions in fiscal year (FY) 2021
and later years. We take this action to
improve employment outcomes and
raise expectations for American Indians
with disabilities and to fund training
and technical assistance (TA) activities
to support the American Indian
Vocational Rehabilitation Services
(AIVRS) projects. We intend the
AIVRTTAC to provide training and TA
to the AIVRS project personnel,
especially vocational rehabilitation (VR)
counselors, to improve their capacity to
implement innovative and effective VR
services and employment strategies and
practices to increase the number and
quality of employment outcomes for
American Indians with disabilities
served through the AIVRS program.
Awards will be made to State, local,
or Tribal governments, non-profit
organizations, or institutions of higher
education that have experience in the
operation of AIVRS programs.
DATES: This priority and definitions are
effective April 15, 2021.
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:56 Mar 15, 2021
Jkt 253001
Jerry
Elliott, U.S. Department of Education,
400 Maryland Avenue SW, Room 5097,
Potomac Center Plaza, Washington, DC
20202–2800. Telephone: (202) 245–
7335. Email: jerry.elliott@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION:
Purpose of Program: The purpose of
the AIVRTTAC program is to provide
training and TA to governing bodies of
Indian Tribes, or consortia of those
governing bodies, that have received an
AIVRS grant under section 121(a) of the
Rehabilitation Act of 1973, as amended
(Act). Under section 121(c)(2) of the Act,
the Commissioner of the Rehabilitation
Services Administration (RSA) makes
grants to, or enters into contracts or
other cooperative agreements with,
entities that have experience in the
operation of AIVRS projects to provide
such training and TA on developing,
conducting, administering, and
evaluating these projects.
FOR FURTHER INFORMATION CONTACT:
Failure to comply with these
regulations may subject the party in
question to the civil and criminal
penalties provided for in section 611 of
the Act, 42 U.S.C. 5410. The maximum
amount of penalties imposed under
section 611 of the Act shall be $3,011
for each violation, up to a maximum of
$3,763,392 for any related series of
violations occurring within one year
from the date of the first violation.
Program Authority: 29 U.S.C. 741(c).
Applicable Program Regulations: 34
CFR part 371.
We published a notice of proposed
priorities and definitions (NPP) for this
program in the Federal Register on
September 10, 2020 (85 FR 55802). That
notice contained background
information and our reasons for
proposing the particular priorities and
definitions.
Except for minor editorial and
technical revisions for grammar and
clarity, and one substantive change
explained in the discussion of the
comments that follow, there are no
differences between Proposed Priority 1
and the proposed definitions and the
final priority and final definitions. We
have not included Proposed Priority 2
in the final priorities.
Public Comment: In response to our
invitation in the NPP, five parties
submitted comments on the proposed
priorities and definitions.
Generally, we do not address
technical and other minor changes, or
suggested changes the law does not
authorize us to make. In addition, we do
not address general comments that raise
concerns not directly related to the
proposed priorities or definitions.
Analysis of Comments and Changes:
An analysis of the comments and of any
changes in the priorities and definitions
since publication of the NPP follows.
Comment: Two commenters noted
that American Indians, just like other
groups, deserve rehabilitation and
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
disability assistance services. The
commenters believe that the AIVRS
program is a great way to help this
group. The commenters believe that
Proposed Priority 1 would help.
Discussion: The Department agrees
with the commenters that Proposed
Priority 1 is important in helping the
AIVRS projects to deliver AIVRS
services to American Indians with
disabilities served by the AIVRS
projects.
Changes: None.
Comment: One commenter discussed
the need to build internal capacity
within AIVRS projects to deliver
benefits counseling to AIVRS project
participants. The commenter noted that
benefits counseling is a proven
approach that not only helps
individuals understand the benefits of
work but also leads to more
employment outcomes. The commenter
stated that benefits counseling provided
within Tribal programs will be more
welcome and better accepted than
benefits counseling provided by
‘‘outsiders’’ who provide counseling
and then leave. Specifically, the
commenter recommended that the
AIVRTTAC institute a plan to provide
AIVRS consumers with benefits
planning services by training Tribal
members to provide these services and
build expert capacity within the Tribal
nations so that consumers can learn and
understand the process and complex
rules of government programs.
Discussion: The Department agrees
with the commenter that benefits
counseling services are important
services to provide to AIVRS consumers
as they work to develop their career
goals and their individualized plan for
employment (IPE). Benefits counseling
is a commonly provided VR service. The
Department agrees that the AIVRTTAC
should be able to provide TA to Tribes
seeking to build resources to provide
these services and will address it in the
cooperative agreement once the
applicant is selected, but the priority
addresses broader requirements for
training such as development of the IPE,
which looks at all VR services, of which
benefits counseling is one. The
Department does not believe that the
one-size-fits-all approach suggested by
the commenter—to require the
AIVRTTAC to train all AIVRS grantees
on benefits counseling—is the best
approach given the diversity of the
AIVRS grantees. Many small AIVRS
projects may not have the capacity to
devote staff time to this complicated
issue and would need TA to establish
relationships with other sources to
address this need. Also, there may be
local services available that have proven
E:\FR\FM\16MRR1.SGM
16MRR1
]]>Agencies
[Federal Register Volume 86, Number 49 (Tuesday, March 16, 2021)]
[Rules and Regulations]
[Pages 14370-14374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04817]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 28, 30, 87, 180, and 3282
[Docket No. FR-6252-F-01]
Adjustment of Civil Monetary Penalty Amounts for 2021
AGENCY: Office of the General Counsel, HUD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule provides for 2021 inflation adjustments of civil
monetary penalty amounts required by the Federal Civil Penalties
Inflation Adjustment Act of 1990, as amended by the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015.
DATES: Effective April 15, 2021.
FOR FURTHER INFORMATION CONTACT: Aaron Santa Anna, Associate General
Counsel for Legislation and Regulations, Office of the General Counsel,
Department of Housing and Urban Development, 451 7th Street SW, Room
10276, Washington, DC 20024; telephone number 202-402-5138 (this is not
a toll-free number). Hearing- or speech-impaired individuals may access
this number via TTY by calling the Federal Relay Service at 800-877-
8339 (this is a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Background
The Federal Civil Penalties Inflation Adjustment Act Improvements
Act of 2015 (the 2015 Act) (Pub. L. 114-74, Sec. 701), which further
amended the Federal Civil Penalties Inflation Adjustment Act of 1990
(Pub. L. 101-410), requires agencies to make annual adjustments to
civil monetary penalty (CMP) amounts for inflation ``notwithstanding
section 553 of title 5, United States Code.'' Section 553 refers to the
Administrative Procedure Act, which provides for advance notice and
public comment during the rulemaking process. However, as explained in
Section III below, HUD has determined that advance notice and public
comment on this final rule is unnecessary.
This annual adjustment is for 2021. The annual adjustment is based
on the percent change between the U.S. Department of Labor's Consumer
Price
[[Page 14371]]
Index for All Urban Consumers (``CPI-U'') for the month of October
preceding the date of the adjustment, and the CPI-U for October of the
prior year (28 U.S.C. 2461 note, section (5)(b)(1)). Based on that
formula, the cost-of-living adjustment multiplier for 2021 is
1.01182.\1\ Pursuant to the 2015 Act, adjustments are rounded to the
nearest dollar.\2\
---------------------------------------------------------------------------
\1\ Office of Management and Budget, M-21-10, Memorandum for the
Heads of Executive Departments and Agencies, Implementation of
Penalty Inflation Adjustments for 2021, Pursuant to the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015.
(https://www.whitehouse.gov/wp-content/uploads/2020/12/M-21-10.pdf).
(October 2020 CPI-U (260.388)/October 2019 CPI-U (257.346) =
1.01182.)
\2\ 28 U.S.C. 2461 note.
---------------------------------------------------------------------------
II. This Final Rule
This final rule makes the required 2021 inflation adjustment of
HUD's civil money penalty amounts. Since HUD is not applying these
adjustments retroactively, the 2021 increases apply to violations
occurring on or after this rule's effective date. HUD provides a table
showing how, for each component, the penalties are being adjusted for
2021 pursuant to the 2015 Act. In the first column (``Description''),
HUD provides a description of the penalty. In the second column
(``Statutory Citation''), HUD provides the United States Code statutory
citation providing for the penalty. In the third column (``Regulatory
Citation''), HUD provides the Code of Federal Regulations citation
under Title 24 for the penalty. In the fourth column (``Previous
Amount''), HUD provides the amount of the penalty pursuant to the rule
implementing the 2020 adjustment (85 FR 13041, April 06, 2020). In the
fifth column (``2021 Adjusted Amount''), HUD lists the penalty after
applying the 2021 inflation adjustment.
----------------------------------------------------------------------------------------------------------------
Regulatory citation 2021 adjusted
Description Statutory citation (24 CFR) Previous amount amount
----------------------------------------------------------------------------------------------------------------
False Claims................... Omnibus Budget Sec. 28.10(a)...... $11,665.......... $11,803.
Reconciliation
Act of 1986 (31
U.S.C.
3802(a)(1)).
False Statements............... Omnibus Budget Sec. 28.10(b)...... $11,665.......... $11,803.
Reconciliation
Act of 1986 (31
U.S.C. 3802
(a)(2)).
Advance Disclosure of Funding.. Department of Sec. 30.20......... $20,489.......... $20,731.
Housing and Urban
Development Act
(42 U.S.C.
3537a(c)).
Disclosure of Subsidy Layering. Department of Sec. 30.25......... $20,489.......... $20,731.
Housing and Urban
Development Act
(42 U.S.C.
3545(f)).
FHA Mortgagees and Lenders HUD Reform Act of Sec. 30.35......... Per Violation: Per Violation:
Violations. 1989 (12 U.S.C. $10,245; Per $10,366; Per
1735f-14(a)(2)). Year: $2,048,915. Year:
$2,073,133.
Other FHA Participants HUD Reform Act of Sec. 30.36......... Per Violation: Per Violation:
Violations. 1989 (12 U.S.C. $10,245; Per $10,366; Per
1735f-14(a)(2)). Year: $2,048,915. Year:
$2,073,133.
Indian Loan Mortgagees Housing Community Sec. 30.40......... Per Violation: Per Violation:
Violations. Development Act $10,245; Per $10,366; Per
of 1992 (12 Year: $2,048,915. Year:
U.S.C. 1715z- $2,073,133.
13a(g)(2)).
Multifamily & Section 202 or HUD Reform Act of Sec. 30.45......... $51,222.......... $51,827
811 Owners Violations. 1989 (12 U.S.C.
1735f-15(c)(2)).
Ginnie Mae Issuers & Custodians HUD Reform Act of Sec. 30.50......... Per Violation: Per Violation:
Violations. 1989 (12 U.S.C. $10,245; Per $10,366; Per
1723i(a)). Year: $2,048,915. Year:
$2,073,133.
Title I Broker & Dealers HUD Reform Act of Sec. 30.60......... Per Violation: Per Violation:
Violations. 1989 (12 U.S.C. $10,245; Per $10,366; Per
1703). Year: $2,048,915. Year:
$2,073,133.
Lead Disclosure Violation...... Title X-- Sec. 30.65......... $18,149.......... $18,364.
Residential Lead-
Based Paint
Hazard Reduction
Act of 1992 (42
U.S.C.
4852d(b)(1)).
Section 8 Owners Violations.... Multifamily Sec. 30.68......... $39,811.......... $40,282.
Assisted Housing
Reform and
Affordability Act
of 1997 (42
U.S.C. 1437z-
1(b)(2)).
Lobbying Violation............. The Lobbying Sec. 87.400........ Min: $20,489; Min: $20,731;
Disclosure Act of Max: $204,892. Max: $207,314.
1995 (31 U.S.C.
1352).
Fair Housing Act Civil Fair Housing Act Sec. 180.671(a).... No Priors: No Priors:
Penalties. (42 U.S.C. $21,410; One $21,663; One
3612(g)(3)). Prior: $53,524; Prior: $54,157;
Two or More Two or More
Priors: $107,050. Priors:
$108,315.
Manufactured Housing Housing Community Sec. 3282.10....... Per Violation: Per Violation:
Regulations Violation. Development Act $2,976; Per $3,011; Per
of 1974 (42 Year: $3,719,428. Year:
U.S.C. 5410). $3,763,392.
----------------------------------------------------------------------------------------------------------------
III. Justification for Final Rulemaking for the 2021 Adjustments
HUD generally publishes regulations for public comment before
issuing a rule for effect, in accordance with its own regulations on
rulemaking in 24 CFR part 10. However, part 10 provides for exceptions
to the general rule if the agency finds good cause to omit advanced
notice and public participation. The good cause requirement is
satisfied when prior public procedure is ``impractical, unnecessary, or
contrary to the public interest'' (see 24 CFR 10.1). As discussed, this
final rule makes the required 2021 inflation adjustment, which HUD does
not have discretion to change. Moreover, the 2015 Act specifies that a
delay in the effective date under the Administrative Procedure Act is
not required for annual adjustments under the 2015 Act. HUD has
determined, therefore, that it is unnecessary to delay the
effectiveness of the 2021 inflation adjustments to solicit public
comments.
Section 7(o) of the Department of Housing and Urban Development Act
(42 U.S.C. 3535(o)) requires that any HUD regulation implementing any
provision of the Department of Housing and Urban Development Reform Act
of 1989 that authorizes the imposition of a civil money penalty may not
become effective until after the expiration of a public comment period
of not less than 60 days. This rule does not authorize
[[Page 14372]]
the imposition of a civil money penalty--rather, it makes a standard
inflation adjustment to penalties that were previously authorized. As
noted above, the 2021 inflation adjustments are made in accordance with
a statutorily prescribed formula that does not provide for agency
discretion. Accordingly, a delay in the effectiveness of the 2021
inflation adjustments in order to provide the public with an
opportunity to comment is unnecessary because the 2015 Act exempts the
adjustments from the need for delay, the rule does not authorize the
imposition of a civil money penalty, and, in any event, HUD would not
have the discretion to make changes as a result of any comments.
IV. Findings and Certifications
Regulatory Review--Executive Orders 12866 and 13563
Under Executive Order 12866 (Regulatory Planning and Review) (58 FR
51735), a determination must be made whether a regulatory action is
significant and, therefore, subject to review by the Office of
Management and Budget (OMB) in accordance with the requirements of the
order. Executive Order 13563 (Improving Regulations and Regulatory
Review) (76 FR 3821) directs executive agencies to analyze regulations
that are ``outmoded, ineffective, insufficient, or excessively
burdensome, and to modify, streamline, expand, or repeal them in
accordance with what has been learned.'' Executive Order 13563 also
directs that, where relevant, feasible, and consistent with regulatory
objectives, and to the extent permitted by law, agencies are to
identify and consider regulatory approaches that reduce burdens and
maintain flexibility and freedom of choice for the public. As discussed
above in this preamble, this final rule adjusts existing civil monetary
penalties for inflation by a statutorily required amount. HUD
determined that this rule was not significant under Executive Order
12866 and Executive Order 13563.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.)
generally requires an agency to conduct a regulatory flexibility
analysis of any rule subject to notice and comment rulemaking
requirements, unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Because HUD has determined that good cause exists to issue this rule
without prior public comment, this rule is not subject to the
requirement to publish an initial or final regulatory flexibility
analysis under the RFA as part of such action.
Unfunded Mandates Reform
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) \3\
requires that an agency prepare a budgetary impact statement before
promulgating a rule that includes a Federal mandate that may 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. If a budgetary impact statement is required, section 205 of UMRA
also requires an agency to identify and consider a reasonable number of
regulatory alternatives before promulgating a rule.\4\ However, the
UMRA applies only to rules for which an agency publishes a general
notice of proposed rulemaking. As discussed above, HUD has determined,
for good cause, that prior notice and public comment is not required on
this rule and, therefore, the UMRA does not apply to this final rule.
---------------------------------------------------------------------------
\3\ 2 U.S.C. 1532.
\4\ 2 U.S.C. 1535.
---------------------------------------------------------------------------
Executive Order 13132, Federalism
Executive Order 13132 (entitled ``Federalism'') (64 FR 43255)
prohibits an agency from publishing any rule that has federalism
implications if the rule either imposes substantial direct compliance
costs on State and local governments and is not required by statute, or
the rule preempts State law, unless the agency meets the consultation
and funding requirements of section 6 of the Executive Order. This rule
will not have federalism implications and would not impose substantial
direct compliance costs on State and local governments or preempt State
law within the meaning of the Executive order.
Environmental Review
This final rule does not direct, provide for assistance or loan and
mortgage insurance for, or otherwise govern, or regulate, real property
acquisition, disposition, leasing, rehabilitation, alteration,
demolition, or new construction, or establish, revise, or provide for
standards for construction or construction materials, manufactured
housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this
final rule is categorically excluded from environmental review under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321).
List of Subjects
24 CFR Part 28
Administrative practice and procedure, Claims, Fraud, Penalties.
24 CFR Part 30
Administrative practice and procedure, Grant programs--housing and
community development, Loan programs--housing and community
development, Mortgage insurance, Penalties.
24 CFR Part 87
Government contracts, Grant programs, Loan programs, Lobbying,
Penalties, Reporting and recordkeeping requirements.
24 CFR Part 180
Administrative practice and procedure, Aged, Civil rights, Fair
housing, Persons with disabilities, Investigations, Mortgages,
Penalties, Reporting and recordkeeping requirements.
24 CFR Part 3282
Administrative practice and procedure, Consumer protection,
Intergovernmental relations, Manufactured homes, Reporting and
recordkeeping requirements.
Accordingly, for the reasons described in the preamble, HUD amends
24 CFR parts 28, 30, 87, 180, and 3282 to read as follows:
PART 28--IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF
1986
0
1. The authority citation for part 28 continues to read as follows:
Authority: 28 U.S.C. 2461 note; 31 U.S.C. 3801-3812; 42 U.S.C.
3535(d).
0
2. In Sec. 28.10, revise paragraphs (a)(1) introductory text and
(b)(1) introductory text to read as follows:
Sec. 28.10 Basis for civil penalties and assessments.
(a) * * *. (1) A civil penalty of not more than $11,803 may be
imposed upon any person who makes, presents, or submits, or causes to
be made, presented, or submitted, a claim that the person knows or has
reason to know:
* * * * *
(b) * * *. (1) A civil penalty of not more than $11,803 may be
imposed upon any person who makes, presents, or submits, or causes to
be made, presented, or submitted, a written statement that:
* * * * *
[[Page 14373]]
PART 30--CIVIL MONEY PENALTIES: CERTAIN PROHIBITED CONDUCT
0
3. The authority citation for part 30 continues to read as follows:
Authority: 12 U.S.C. 1701q-1, 1703, 1723i, 1735f-14, and 1735f-
15; 15 U.S.C. 1717a; 28 U.S.C. 1 note and 2461 note; 42 U.S.C.
1437z-1 and 3535(d).
0
4. In Sec. 30.20, revise paragraph (b) to read as follows:
Sec. 30.20 Ethical violations by HUD employees.
* * * * *
(b) Maximum penalty. The maximum penalty is $20,731 for each
violation.
0
5. In Sec. 30.25, revise paragraph (b) to read as follows:
Sec. 30.25 Violations by applicants for assistance.
* * * * *
(b) Maximum penalty. The maximum penalty is $20,731 for each
violation.
0
6. In Sec. 30.35, revise the first sentence in paragraph (c)(1) to
read as follows:
Sec. 30.35 Mortgagees and lenders.
* * * * *
(c)(1) * * * The maximum penalty is $10,366 for each violation, up
to a limit of $2,073,133 for all violations committed during any one-
year period. * * *
* * * * *
0
7. In Sec. 30.36, revise the first sentence in paragraph (c) to read
as follows:
Sec. 30.36 Other participants in FHA programs.
* * * * *
(c) * * * The maximum penalty is $10,366 for each violation, up to
a limit of $2,073,133 for all violations committed during any one-year
period. * * *
0
8. In Sec. 30.40, revise the first sentence in paragraph (c) to read
as follows:
Sec. 30.40 Loan guarantees for Indian housing.
* * * * *
(c) * * * The maximum penalty is $10,366 for each violation, up to
a limit of $2,073,133 for all violations committed during any one-year
period. * * *
0
9. In Sec. 30.45, revise paragraph (g) to read as follows:
Sec. 30.45 Multifamily and section 202 or 811 mortgagors.
* * * * *
(g) Maximum penalty. The maximum penalty for each violation under
paragraphs (c) and (f) of this section is $51,827.
* * * * *
0
10. In Sec. 30.50, revise the first sentence in paragraph (c) to read
as follows:
Sec. 30.50 GNMA issuers and custodians.
* * * * *
(c) * * * The maximum penalty is $10,366 for each violation, up to
a limit of $2,073,133 during any one-year period. * * *
0
11. In Sec. 30.60, revise paragraph (c) to read as follows:
Sec. 30.60 Dealers or sponsored third-party originators.
* * * * *
(c) Amount of penalty. The maximum penalty is $10,366 for each
violation, up to a limit for any particular person of $2,073,133 during
any one-year period.
0
12. In Sec. 30.65, revise paragraph (b) to read as follows:
Sec. 30.65 Failure to disclose lead-based paint hazards.
* * * * *
(b) Amount of penalty. The maximum penalty is $18,364 for each
violation.
0
13. In Sec. 30.68, revise paragraph (c) to read as follows:
Sec. 30.68 Section 8 owners.
* * * * *
(c) Maximum penalty. The maximum penalty for each violation under
this section is $40,282.
* * * * *
PART 87--NEW RESTRICTIONS ON LOBBYING
0
14. The authority citation for part 87 continues to read as follows:
Authority: 28 U.S.C. 1 note; 31 U.S.C. 1352; 42 U.S.C. 3535(d).
0
15. In Sec. 87.400, revise paragraphs (a), (b), and (e) to read as
follows:
Sec. 87.400 Penalties.
(a) Any person who makes an expenditure prohibited herein shall be
subject to a civil penalty of not less than $20,731 and not more than
$207,314 for each such expenditure.
(b) Any person who fails to file or amend the disclosure form (see
appendix B of this part) to be filed or amended if required herein,
shall be subject to a civil penalty of not less than $20,731 and not
more than $207,314 for each such failure.
* * * * *
(e) First offenders under paragraphs (a) or (b) of this section
shall be subject to a civil penalty of $20,731, absent aggravating
circumstances. Second and subsequent offenses by persons shall be
subject to an appropriate civil penalty between $20,731 and $207,314 as
determined by the agency head or his or her designee.
* * * * *
PART 180--CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS
MATTERS
0
16. The authority citation for part 180 continues to read as follows:
Authority: 28 U.S.C. 1 note; 29 U.S.C. 794; 42 U.S.C. 2000d-1,
3535(d), 3601-3619, 5301-5320, and 6103.
0
17. In Sec. 180.671, revise paragraphs (a)(1) through (3) to read as
follows:
Sec. 180.671 Assessing civil penalties for Fair Housing Act cases.
(a) * * *
(1) $21,663, if the respondent has not been adjudged in any
administrative hearing or civil action permitted under the Fair Housing
Act or any state or local fair housing law, or in any licensing or
regulatory proceeding conducted by a federal, state, or local
governmental agency, to have committed any prior discriminatory housing
practice.
(2) $54,157, if the respondent has been adjudged in any
administrative hearing or civil action permitted under the Fair Housing
Act, or under any state or local fair housing law, or in any licensing
or regulatory proceeding conducted by a federal, state, or local
government agency, to have committed one other discriminatory housing
practice and the adjudication was made during the 5-year period
preceding the date of filing of the charge.
(3) $108,315, if the respondent has been adjudged in any
administrative hearings or civil actions permitted under the Fair
Housing Act, or under any state or local fair housing law, or in any
licensing or regulatory proceeding conducted by a federal, state, or
local government agency, to have committed two or more discriminatory
housing practices and the adjudications were made during the 7-year
period preceding the date of filing of the charge.
* * * * *
PART 3282--MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS
0
18. The authority citation for part 3282 continues to read as follows:
Authority: 15 U.S.C. 2967; 42 U.S.C. 3535(d), 5403, and 5424.
0
19. Revise Sec. 3282.10 to read as follows:
[[Page 14374]]
Sec. 3282.10 Civil and criminal penalties.
Failure to comply with these regulations may subject the party in
question to the civil and criminal penalties provided for in section
611 of the Act, 42 U.S.C. 5410. The maximum amount of penalties imposed
under section 611 of the Act shall be $3,011 for each violation, up to
a maximum of $3,763,392 for any related series of violations occurring
within one year from the date of the first violation.
Damon Smith,
Principal Deputy General Counsel.
[FR Doc. 2021-04817 Filed 3-15-21; 8:45 am]
BILLING CODE 4210-67-P
