Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 2961 

size standard corresponding to the 

NAICS code assigned to the contract) 

through September 26, 2023. On March 

31, 2023, Concern B is awarded a WOSB 

set-aside contract. Subsequently, 

Concern B’s status as an eligible WOSB 

is protested. On June 28, 2023, Concern 

B receives a positive determination from 

SBA confirming that it is an eligible 

WOSB. Concern B’s new certification 

date is June 28, 2023. Concern B will be 

considered a certified WOSB that is 

eligible to receive WOSB contracts (as 

long as it is small for the size standard 

corresponding to the NAICS code 

assigned to the contract) through June 

27, 2024. To participate in the WOSB 

Program the following year, Concern B 

must recertify its eligibility to SBA 

between May 29, 2024, and June 27, 

2024. Concern B will be considered a 

certified WOSB that is eligible to receive 

WOSB contracts (as long as it is small 

for the size standard corresponding to 

the NAICS code assigned to the 

contract) through June 27, 2025. To 

participate in the WOSB Program the 

following year, Concern B must recertify 

its eligibility to SBA between May 29, 

2025, and June 27, 2025. Concern B will 

be considered a certified WOSB that is 

eligible to receive WOSB contracts (as 

long as it is small for the size standard 

corresponding to the NAICS code 

assigned to the contract) until June 27, 

2026. To participate in the WOSB 

Program the following year, Concern B 

must recertify its eligibility to SBA 

between May 29, 2026, and June 27, 

2026. Because three years will have 

elapsed since its certification date of 

June 28, 2023, Concern B must seek a 

program examination, by SBA or a 

third-party certifier, at that time. In 

addition to its representation that it 

continues to be an eligible WOSB, 

Concern B must provide additional 

information as requested by SBA or a 

third-party certifier to demonstrate that 

it continues to meet all the eligibility 

requirements of the WOSB Program. 

* * * * * 

Dated: January 7, 2021. 

Francis C. Spampinato, 

Associate Administrator, Government 

Contracting and Business Development. 

[FR Doc. 2021–00476 Filed 1–13–21; 8:45 am] 

BILLING CODE 8026–03–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2020–1172; Project 

Identifier MCAI–2020–01661–T; Amendment 

39–21388; AD 2021–02–05] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

Airbus SAS Model A330–200, –200 

Freighter, –300, –800, and –900 series 

airplanes; Model A340–200 and –300 

series airplanes; and Model A340–541 

and A340–642 airplanes. This AD was 

prompted by a report that an erroneous 

torque value for the attachment nuts to 

install a pitot probe was included in the 

affected Aircraft Maintenance Manual 

(AMM) task. This AD requires retorqueing the attachment nuts of each 

affected part. In addition, this AD 

prohibits the use of the affected AMM 

task, as specified in a European Union 

Aviation Safety Agency (EASA) AD, 

which is incorporated by reference. The 

FAA is issuing this AD to address the 

unsafe condition on these products. 

DATES: This AD becomes effective 

January 29, 2021. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of January 29, 2021. 

The FAA must receive comments on 

this AD by March 1, 2021. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For material incorporated by reference 

(IBR) in this AD, contact the EASA, 

Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 

8999 000; email ADs@easa.europa.eu; 

internet www.easa.europa.eu. You may 

find this IBR material on the EASA 

website at https://ad.easa.europa.eu. 

You may view this IBR material at the 

FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 

216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. 

It is also available in the AD docket on 

the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2020– 

1172. 

Examining the AD Docket 

You may examine the AD docket on 

the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2020– 

1172; or in person at Docket Operations 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The AD docket contains this AD, any 

comments received, and other 

information. The street address for 

Docket Operations is listed above. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Vladimir Ulyanov, Aerospace Engineer, 

Large Aircraft Section, International 

Validation Branch, FAA, 2200 South 

216th St., Des Moines, WA 98198; 

telephone and fax 206–231–3229; email 

vladimir.ulyanov@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The EASA, which is the Technical 

Agent for the Member States of the 

European Union, has issued EASA AD 

2020–0279, dated December 14, 2020 

(EASA AD 2020–0279) (also referred to 

as the Mandatory Continuing 

Airworthiness Information, or the 

MCAI), to correct an unsafe condition 

for all Model A330–201, A330–202, 

A330–203, A330–223, A330–223F, 

A330–243, A330–243F, A330–301, 

A330–302, A330–303, A330–321, A330– 

322, A330–323, A330–341, A330–342, 

A330–343, A330–743L, A330–841, 

A330–941, A340–211, A340–212, A340– 

213, A340–311, A340–312, A340–313, 

A340–541, A340–542, A340–642, and 

A340–643 airplanes. Model A330–743L, 

A340–542, and A340–643 airplanes are 

not certificated by the FAA and are not 

included on the U.S. type certificate 

data sheet; this AD therefore does not 

include those airplanes in the 

applicability. 

This AD was prompted by a report 

that an erroneous torque value for the 

attachment nuts to install a pitot probe 

was included in the affected AMM task. 

The FAA is issuing this AD to address 


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2962 Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 

the erroneous torque value. If not 

addressed it could lead to erroneous 

total pressure measurement being 

relayed to navigation systems, possibly 

resulting in reduced control of the 

airplane. See the MCAI for additional 

background information. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2020–0279 describes 

procedures for re-torqueing the 

attachment nuts of each affected part 

and prohibits the use of the affected 

AMM task. This material is reasonably 

available because the interested parties 

have access to it through their normal 

course of business or by the means 

identified in the ADDRESSES section. 

FAA’s Determination 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to the 

FAA’s bilateral agreement with the State 

of Design Authority, the FAA has been 

notified of the unsafe condition 

described in the MCAI referenced 

above. The FAA is issuing this AD 

because the FAA evaluated all pertinent 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Requirements of This AD 

This AD requires accomplishing the 

actions specified in EASA AD 2020– 

0279 described previously, as 

incorporated by reference, except for 

any differences identified as exceptions 

in the regulatory text of this AD. 

Explanation of Required Compliance 

Information 

In the FAA’s ongoing efforts to 

improve the efficiency of the AD 

process, the FAA initially worked with 

Airbus and EASA to develop a process 

to use certain EASA ADs as the primary 

source of information for compliance 

with requirements for corresponding 

FAA ADs. The FAA has since 

coordinated with other manufacturers 

and civil aviation authorities (CAAs) to 

use this process. As a result, EASA AD 

2020–0279 is incorporated by reference 

in this final rule. This AD, therefore, 

requires compliance with EASA AD 

2020–0279 in its entirety, through that 

incorporation, except for any differences 

identified as exceptions in the 

regulatory text of this AD. Using 

common terms that are the same as the 

heading of a particular section in the 

EASA AD does not mean that operators 

need comply only with that section. For 

example, where the AD requirement 

refers to ‘‘all required actions and 

compliance times,’’ compliance with 

this AD requirement is not limited to 

the section titled ‘‘Required Action(s) 

and Compliance Time(s)’’ in the EASA 

AD. Service information specified in 

EASA AD 2020–0279 that is required for 

compliance with EASA AD 2020–0279 

is available on the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2020– 

1172. 

FAA’s Justification and Determination 

of the Effective Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD without providing an opportunity 

for public comments prior to adoption. 

The FAA has found that the risk to the 

flying public justifies waiving notice 

and comment prior to adoption of this 

rule because an erroneous torque value 

for the attachment nuts to install a pitot 

probe could lead to erroneous total 

pressure measurement being relayed to 

navigation systems, possibly resulting in 

reduced control of the airplane. In 

addition, the compliance time for the 

required action is shorter than the time 

necessary for the public to comment and 

for publication of the final rule. 

Therefore, the FAA finds good cause 

that notice and opportunity for prior 

public comment are impracticable. In 

addition, for the reasons stated above, 

the FAA finds that good cause exists for 

making this amendment effective in less 

than 30 days. 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA– 

2020–1172; Project Identifier MCAI– 

2020–01661–T’’ at the beginning of your 

comments. The most helpful comments 

reference a specific portion of the final 

rule, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend this final rule 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to https://

www.regulations.gov, including any 

personal information you provide. The 

agency will also post a report 

summarizing each substantive verbal 

contact received about this final rule. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this AD contain 

commercial or financial information 

that is customarily treated as private, 

that you actually treat as private, and 

that is relevant or responsive to this AD, 

it is important that you clearly designate 

the submitted comments as CBI. Please 

mark each page of your submission 

containing CBI as ‘‘PROPIN.’’ The FAA 

will treat such marked submissions as 

confidential under the FOIA, and they 

will not be placed in the public docket 

of this AD. Submissions containing CBI 

should be sent to Vladimir Ulyanov, 

Aerospace Engineer, Large Aircraft 

Section, International Validation 

Branch, FAA, 2200 South 216th St., Des 

Moines, WA 98198; telephone and fax 

206–231–3229; email vladimir.ulyanov@

faa.gov. Any commentary that the FAA 

receives which is not specifically 

designated as CBI will be placed in the 

public docket for this rulemaking. 

Regulatory Flexibility Act (RFA) 

The requirements of the RFA do not 

apply when an agency finds good cause 

pursuant to 5 U.S.C. 553 to adopt a rule 

without prior notice and comment. 

Because the FAA has determined that it 

has good cause to adopt this rule 

without notice and comment, RFA 

analysis is not required. 

Costs of Compliance 

The FAA estimates that this AD 

affects 112 airplanes of U.S. registry. 

The FAA estimates the following costs 

to comply with this AD: 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

1 work-hour × $85 per hour = $85 .............................................................................................. $0 $85 $9,520 


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Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 2963 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

The FAA is issuing this rulemaking 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701: General requirements. Under 

that section, Congress charges the FAA 

with promoting safe flight of civil 

aircraft in air commerce by prescribing 

regulations for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it addresses an 

unsafe condition that is likely to exist or 

develop on products identified in this 

rulemaking action. 

Regulatory Findings 

The FAA determined that this AD 

will not have federalism implications 

under Executive Order 13132. This AD 

will not have a substantial direct effect 

on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

and 

(2) Will not affect intrastate aviation 

in Alaska. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2021–02–05 Airbus SAS: Amendment 39– 

21388; Docket No. FAA–2020–1172; 

Project Identifier MCAI–2020–01661–T. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective January 29, 2021. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all Airbus SAS 

airplanes, certificated in any category, 

identified in paragraphs (c)(1) through (9) of 

this AD. 

(1) Model A330–201, A330–202, A330– 

203, A330–223, and A330–243 airplanes. 

(2) Model A330–223F and A330–243F 

airplanes. 

(3) Model A330–301, A330–302, A330– 

303, A330–321, A330–322, A330–323, A330– 

341, A330–342, and A330–343 airplanes. 

(4) Model A330–841 airplanes. 

(5) Model A330–941 airplanes. 

(6) Model A340–211, A340–212, and 

A340–213 airplanes. 

(7) Model A340–311, A340–312, and 

A340–313 airplanes. 

(8) Model A340–541 airplanes. 

(9) Model A340–642 airplanes. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 34, Navigation. 

(e) Reason 

This AD was prompted by a report that an 

erroneous torque value for the attachment 

nuts to install a pitot probe was included in 

the affected Aircraft Maintenance Manual 

(AMM) task. The FAA is issuing this AD to 

address the erroneous torque value. If not 

addressed it could lead to erroneous total 

pressure measurement being relayed to 

navigation systems, possibly resulting in 

reduced control of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Requirements 

Except as specified in paragraph (h) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, European Union Aviation 

Safety Agency (EASA) AD 2020–0279, dated 

December 14, 2020 (EASA AD 2020–0279). 

(h) Exceptions to EASA AD 2020–0279 

(1) Where EASA AD 2020–0279 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(2) The ‘‘Remarks’’ section of EASA AD 

2020–0279 does not apply to this AD. 

(i) No Reporting Requirement 

Although the service information 

referenced in EASA AD 2020–0279 specifies 

to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

(j) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Large Aircraft 

Section, 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 responsible Flight 

Standards Office, as appropriate. If sending 

information directly to the Large Aircraft 

Section, International Validation Branch, 

send it to the attention of the person 

identified in paragraph (k) of this AD. 

Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. Before using any 

approved AMOC, notify your appropriate 

principal inspector, or lacking a principal 

inspector, the manager of the responsible 

Flight Standards Office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, Large Aircraft Section, 

International Validation Branch, FAA; or 

EASA; or Airbus SAS’s EASA Design 

Organization Approval (DOA). If approved by 

the DOA, the approval must include the 

DOA-authorized signature. 

(3) Required for Compliance (RC): Except 

as required by paragraph (j)(2) of this AD, if 

any service information referenced in EASA 

AD 2020–0279 that contains paragraphs that 

are labeled as RC, the instructions in RC 

paragraphs, including subparagraphs under 

an RC paragraph, must be done to comply 

with this AD; any paragraphs, including 

subparagraphs under those paragraphs, that 

are not identified as RC are recommended. 

The instructions in paragraphs, including 

subparagraphs under those paragraphs, not 

identified as RC may be deviated from using 

accepted methods in accordance with the 

operator’s maintenance or inspection 

program without obtaining approval of an 

AMOC, provided the instructions identified 

as RC can be done and the airplane can be 

put back in an airworthy condition. Any 

substitutions or changes to instructions 

identified as RC require approval of an 

AMOC. 

(k) Related Information 

For more information about this AD, 

contact Vladimir Ulyanov, Aerospace 

Engineer, Large Aircraft Section, 

International Validation Branch, FAA, 2200 

South 216th St., Des Moines, WA 98198; 

telephone and fax 206–231–3229; email 

vladimir.ulyanov@faa.gov. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) 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 this AD specifies otherwise. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2020–0279, dated December 14, 

2020. 

(ii) [Reserved] 

(3) For EASA AD 2020–0279, contact the 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; internet 

www.easa.europa.eu. You may find this 


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2964 Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 

EASA AD on the EASA website at https://

ad.easa.europa.eu. 

(4) You may view this material at the FAA, 

Airworthiness Products Section, Operational 

Safety Branch, 2200 South 216th St., Des 

Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. This material may be found 

in the AD docket on the internet at https:// 

www.regulations.gov by searching for and 

locating Docket No. FAA–2020–1172. 

(5) You may view this material 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. 

Issued on January 7, 2021. 

Gaetano A. Sciortino, 

Deputy Director for Strategic Initiatives, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–00807 Filed 1–12–21; 11:15 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Part 655 

Office of Workers’ Compensation 

Programs 

20 CFR Parts 702, 725, and 726 

Wage and Hour Division 

29 CFR Parts 500, 501, 503, 530, 570, 

578, 579, 801, and 825 

Occupational Safety and Health 

Administration 

29 CFR Part 1903 

Mine Safety and Health Administration 

30 CFR Part 100 

RIN 1290–AA41 

Department of Labor Federal Civil 

Penalties Inflation Adjustment Act 

Annual Adjustments for 2021 

AGENCY: Employment and Training 

Administration, Office of Workers’ 

Compensation Programs, Office of the 

Secretary, Wage and Hour Division, 

Occupational Safety and Health 

Administration, and Mine Safety and 

Health Administration, Department of 

Labor. 

ACTION: Final rule. 

SUMMARY: The U.S. Department of Labor 

(Department) is publishing this final 

rule to adjust for inflation the civil 

monetary penalties assessed or enforced 

by the Department, pursuant to the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 as amended by 

the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (Inflation Adjustment Act). The 

Inflation Adjustment Act requires the 

Department to annually adjust its civil 

money penalty levels for inflation no 

later than January 15 of each year. The 

Inflation Adjustment Act provides that 

agencies shall adjust civil monetary 

penalties notwithstanding Section 553 

of the Administrative Procedure Act 

(APA). Additionally, the Inflation 

Adjustment Act provides a cost-of-living 

formula for adjustment of the civil 

penalties. Accordingly, this final rule 

sets forth the Department’s 2021 annual 

adjustments for inflation to its civil 

monetary penalties. 

DATES: This final rule is effective on 

January 15, 2021. As provided by the 

Inflation Adjustment Act, the increased 

penalty levels apply to any penalties 

assessed after January 15, 2021. 

FOR FURTHER INFORMATION CONTACT: Erin 

FitzGerald, Senior Policy Advisor, U.S. 

Department of Labor, Room S–2312, 200 

Constitution Avenue NW, Washington, 

DC 20210; telephone: (202) 693–5076 

(this is not a toll-free number). Copies 

of this final rule may be obtained in 

alternative formats (large print, Braille, 

audio tape or disc), upon request, by 

calling (202) 693–5959 (this is not a tollfree number). TTY/TDD callers may dial 

toll-free 1–877–889–5627 to obtain 

information or request materials in 

alternative formats. 

SUPPLEMENTARY INFORMATION: 

Preamble Table of Contents 

I. Background 

II. Adjustment for 2021 

III. Paperwork Reduction Act 

IV. Administrative Procedure Act 

V. Executive Order 12866: Regulatory 

Planning and Review, Executive Order 

13563: Improving Regulation and 

Regulatory Review, and Executive Order 

13771: Reducing Regulations and 

Controlling Regulatory Costs 

VI. Regulatory Flexibility Act and Small 

Business Regulatory Enforcement 

Fairness Act 

VII. Other Regulatory Considerations 

A. The Unfunded Mandates Reform Act of 

1995 

B. Executive Order 13132: Federalism 

C. Executive Order 13175: Indian Tribal 

Governments 

D. The Treasury and General Government 

Appropriations Act of 1999: Assessment 

of Federal Regulations and Policies on 

Families 

E. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

F. Environmental Impact Assessment 

G. Executive Order 13211: Energy Supply 

H. Executive Order 12630: Constitutionally 

Protected Property Rights 

I. Executive Order 12988: Civil Justice 

Reform Analysis 

I. Background 

On November 2, 2015, Congress 

enacted the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015, Public Law 114–74, sec. 

701 (Inflation Adjustment Act), which 

further amended the Federal Civil 

Penalties Inflation Adjustment Act of 

1990 as previously amended by the 

1996 Debt Collection Improvement Act 

(collectively, the ‘‘Prior Inflation 

Adjustment Act’’), to improve the 

effectiveness of civil monetary penalties 

and to maintain their deterrent effect. 

The Inflation Adjustment Act required 

agencies to (1) adjust the level of civil 

monetary penalties with an initial 

‘‘catch-up’’ adjustment through an 

interim final rule (IFR); and (2) make 

subsequent annual adjustments for 

inflation no later than January 15 of 

each year. 

On July 1, 2016, the Department 

published an IFR that established the 

initial catch-up adjustment for most 

civil penalties that the Department 

administers and requested comments. 

See 81 FR 43430 (DOL IFR). On January 

18, 2017, the Department published the 

final rule establishing the 2017 Annual 

Adjustment for those civil monetary 

penalties adjusted in the DOL IFR. See 

82 FR 5373 (DOL 2017 Annual 

Adjustment). On July 1, 2016, the U.S. 

Department of Homeland Security 

(DHS) and the U.S. Department of Labor 

(DOL) (collectively, ‘‘the Departments’’) 

jointly published an IFR that established 

the initial catch-up adjustment for civil 

monetary penalties assessed or enforced 

in connection with the employment of 

temporary nonimmigrant workers under 

the H–2B program. See 81 FR 42983 

(Joint IFR). On March 17, 2017, the 

Departments jointly published the final 

rule establishing the 2017 Annual 

Adjustment for the H–2B civil monetary 

penalties. See 82 FR 14147 (Joint 2017 

Annual Adjustment). The Joint 2017 

Annual Adjustment also explained that 

DOL would make future adjustments to 

the H–2B civil monetary penalties 

consistent with DOL’s delegated 

authority under 8 U.S.C. 1184(c)(14), 

Immigration and Nationality Act section 

214(c)(14), and the Inflation Adjustment 

Act. See 82 FR 14147–48. On January 2, 

2018, the Department published the 

final rule establishing the 2018 Annual 

Adjustment for civil monetary penalties 

assessed or enforced by the Department, 

including H–2B civil monetary 


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