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 

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. 

(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. 

(k) Related Information 

(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. 

(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. 

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. 

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 


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Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Rules and Regulations 14371 

1Office 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. 

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 

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. 

Description Statutory citation 

Regulatory 

citation 

(24 CFR) 

Previous amount 2021 adjusted amount 

False Claims .................................. Omnibus Budget Reconciliation 

Act of 1986 (31 U.S.C. 

3802(a)(1)).

§ 28.10(a) .......... $11,665 .......................................... $11,803. 

False Statements .......................... Omnibus Budget Reconciliation 

Act of 1986 (31 U.S.C. 3802 

(a)(2)).

§ 28.10(b) .......... $11,665 .......................................... $11,803. 

Advance Disclosure of Funding .... Department of Housing and Urban 

Development Act (42 U.S.C. 

3537a(c)).

§ 30.20 ............... $20,489 .......................................... $20,731. 

Disclosure of Subsidy Layering ..... Department of Housing and Urban 

Development Act (42 U.S.C. 

3545(f)).

§ 30.25 ............... $20,489 .......................................... $20,731. 

FHA Mortgagees and Lenders 

Violations.

HUD Reform Act of 1989 (12 

U.S.C. 1735f–14(a)(2)).

§ 30.35 ............... Per Violation: $10,245; Per Year: 

$2,048,915.

Per Violation: $10,366; Per Year: 

$2,073,133. 

Other FHA Participants Violations HUD Reform Act of 1989 (12 

U.S.C. 1735f–14(a)(2)).

§ 30.36 ............... Per Violation: $10,245; Per Year: 

$2,048,915.

Per Violation: $10,366; Per Year: 

$2,073,133. 

Indian Loan Mortgagees Violations Housing Community Development 

Act of 1992 (12 U.S.C. 1715z– 

13a(g)(2)).

§ 30.40 ............... Per Violation: $10,245; Per Year: 

$2,048,915.

Per Violation: $10,366; Per Year: 

$2,073,133. 

Multifamily & Section 202 or 811 

Owners Violations.

HUD Reform Act of 1989 (12 

U.S.C. 1735f–15(c)(2)).

§ 30.45 ............... $51,222 .......................................... $51,827 

Ginnie Mae Issuers & Custodians 

Violations.

HUD Reform Act of 1989 (12 

U.S.C. 1723i(a)).

§ 30.50 ............... Per Violation: $10,245; Per Year: 

$2,048,915.

Per Violation: $10,366; Per Year: 

$2,073,133. 

Title I Broker & Dealers Violations HUD Reform Act of 1989 (12 

U.S.C. 1703).

§ 30.60 ............... Per Violation: $10,245; Per Year: 

$2,048,915.

Per Violation: $10,366; Per Year: 

$2,073,133. 

Lead Disclosure Violation .............. Title X—Residential Lead-Based 

Paint Hazard Reduction Act of 

1992 (42 U.S.C. 4852d(b)(1)).

§ 30.65 ............... $18,149 .......................................... $18,364. 

Section 8 Owners Violations ......... Multifamily Assisted Housing Reform and Affordability Act of 

1997 (42 U.S.C. 1437z–1(b)(2)).

§ 30.68 ............... $39,811 .......................................... $40,282. 

Lobbying Violation ......................... The Lobbying Disclosure Act of 

1995 (31 U.S.C. 1352).

§ 87.400 ............. Min: $20,489; Max: $204,892 ....... Min: $20,731; Max: $207,314. 

Fair Housing Act Civil Penalties .... Fair Housing Act (42 U.S.C. 

3612(g)(3)).

§ 180.671(a) ...... No Priors: $21,410; One Prior: 

$53,524; Two or More Priors: 

$107,050.

No Priors: $21,663; One Prior: 

$54,157; Two or More Priors: 

$108,315. 

Manufactured Housing Regulations Violation.Housing Community Development 

Act of 1974 (42 U.S.C. 5410).

§ 3282.10 ........... Per Violation: $2,976; Per Year: 

$3,719,428.

Per Violation: $3,011; Per Year: 

$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 


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14372 Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Rules and Regulations 

3 2 U.S.C. 1532. 

4 2 U.S.C. 1535. 

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. 

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 

■ 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: 

§ 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: 

* * * * * 


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PART 30—CIVIL MONEY PENALTIES: 

CERTAIN PROHIBITED CONDUCT 

■ 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). 

■ 4. In § 30.20, revise paragraph (b) to 

read as follows: 

§ 30.20 Ethical violations by HUD 

employees. 

* * * * * 

(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. 

* * * * * 

■ 10. In § 30.50, revise the first sentence 

in paragraph (c) to read as follows: 

§ 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. * * * 

■ 11. In § 30.60, revise paragraph (c) to 

read as follows: 

§ 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. 

■ 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: 

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 

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: 


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14374 Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Rules and Regulations 

§ 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 

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 

AGENCY: Office of Special Education and 

Rehabilitative Services (OSERS), 

Department of Education. 

ACTION: Final priority and definitions. 

SUMMARY: 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. 

FOR FURTHER INFORMATION CONTACT: 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. 

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 

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 


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