82 FR 8571 - Civil Monetary Penalty Adjustments for Inflation
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
Transportation Security Administration Federal Register Volume 82, Issue 17 (January 27, 2017)
Coast Guard
Transportation Security Administration
Federal Register Volume 82, Issue 17 (January 27, 2017)
| Page Range | 8571-8584 | |
| FR Document | 2017-00605 |
[Federal Register Volume 82, Number 17 (Friday, January 27, 2017)] [Rules and Regulations] [Pages 8571-8584] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00605] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 82, No. 17 / Friday, January 27, 2017 / Rules and Regulations [[Page 8571]] DEPARTMENT OF HOMELAND SECURITY 6 CFR Part 27 8 CFR Parts 270, 274a, and 280 Coast Guard 33 CFR Part 27 Transportation Security Administration 49 CFR Part 1503 [Docket No. DHS-2016-0034] RIN 1601-AA80 Civil Monetary Penalty Adjustments for Inflation AGENCY: Department of Homeland Security. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This Final Rule finalizes the Department of Homeland Security's (DHS) Interim Final Rule that adjusted DHS civil monetary penalties for inflation. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) was signed into law on November 2, 2015. Using the formula in the 2015 Act and guidance from the Office of Management and Budget (OMB), DHS calculated adjusted penalties. On July 1, 2016, DHS published an Interim Final Rule setting forth the adjusted civil penalty amounts, effective for civil penalties assessed after August 1, 2016 whose associated violations occurred after November 2, 2015. Pursuant to the 2015 Act, all agencies must adjust civil monetary penalties annually and publish the adjustment in the Federal Register. Accordingly, this Final Rule adjusts DHS's civil monetary penalties pursuant to the 2015 Act and OMB guidance. The new penalties will be effective for penalties assessed after January 27, 2017 whose associated violations occurred after November 2, 2015. DHS also announces that it will make its required annual adjustment of civil monetary penalties in future years by publication of a Final Rule notwithstanding the notice and comment provisions of the Administrative Procedure Act. DATES: This rule is effective on January 27, 2017. FOR FURTHER INFORMATION CONTACT: Megan Westmoreland, Attorney-Advisor, Office of the General Counsel, U.S. Department of Homeland Security. Phone: 202-447-4384. SUPPLEMENTARY INFORMATION: Table of Contents I. Statutory and Regulatory Background II. Overview of Final Rule III. Adjustments by Component A. National Protection and Programs Directorate B. U.S. Customs and Border Protection C. U.S. Immigration and Customs Enforcement D. U.S. Coast Guard E. Transportation Security Administration IV. Discussion of Public Comments V. Administrative Procedure Act VI. Regulatory Analyses A. Executive Orders 12866 and 13563 B. Regulatory Flexibility Act C. Unfunded Mandates Reform Act D. Paperwork Reduction Act I. Statutory and Regulatory Background On November 2, 2015, the President signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Pub. L. 114-74 section 701 (Nov. 2, 2105)) (2015 Act).\1\ The 2015 Act amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note) to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. The 2015 Act required agencies to: (1) Adjust the level of civil monetary penalties with an initial ``catch-up'' adjustment through issuance of an Interim Final Rule (IFR) and (2) make subsequent annual adjustments for inflation. Through the ``catch-up'' adjustment, agencies were required to adjust the maximum amounts of civil monetary penalties to more accurately reflect inflation rates. The 2015 Act required that agencies publish their IFRs in the Federal Register no later than July 1, 2016 and that the adjusted amounts were to take effect no later than August 1, 2016. --------------------------------------------------------------------------- \1\ The 2015 Act was enacted as part of the Bipartisan Budget Act of 2015, Public Law 114-74 (Nov. 2, 2015). --------------------------------------------------------------------------- For the subsequent annual adjustments, the 2015 Act requires agencies to increase the penalty amounts by a cost-of-living adjustment. The 2015 Act directs OMB to provide guidance to agencies each year to assist agencies in making the annual adjustments. The 2015 Act requires agencies to make the annual adjustments no later than January 15 of each year and to publish the adjustments in the Federal Register. Pursuant to the 2015 Act, DHS undertook a review of the civil penalties that DHS and its components administer.\2\ On July 1, 2016, DHS published an IFR adjusting the civil monetary penalties with an initial ``catch-up'' adjustment, as required by the 2015 Act. See 81 FR 42987. DHS calculated the adjusted penalties based upon nondiscretionary provisions in the 2015 Act and upon guidance that OMB issued to agencies on February 25, 2016.\3\ The adjusted penalties were effective for civil penalties assessed after August 1, 2016 (the effective date of the IFR) whose associated violations occurred after November 2, 2015 (the date of enactment of the 2015 Act). DHS published a correction to the IFR on August 23, 2016 to correct one amendatory instruction. See 81 FR 57442. --------------------------------------------------------------------------- \2\ The 2015 Act applies to all agency civil penalties except for any penalty (including any addition to tax and additional amount) under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.) and the Tariff Act of 1930 (19 U.S.C. 1202 et seq.). See sec. 4(a)(1) of the 2015 Act. In the case of DHS, several civil penalties that are collected by U.S. Customs and Border Protection (CBP) and the U.S. Coast Guard fall under the Tariff Act of 1930, and thus DHS did not adjust those civil penalties in this rulemaking. \3\ OMB, Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Table A, 24 February 2016. https://www.whitehouse.gov/sites/default/files/omb/memoranda/2016/m-16-06.pdf. --------------------------------------------------------------------------- II. Overview of the Final Rule This rule adopts, as final, the civil monetary penalty adjustment methodology that DHS announced in the IFR. This Final Rule also makes the 2017 annual inflation adjustment pursuant to the 2015 Act and pursuant to guidance OMB issued to agencies on [[Page 8572]] December 16, 2016.\4\ Where applicable, we have finalized conforming edits to regulatory text. The penalty amounts in this Final Rule will be effective for penalties assessed after January 27, 2017 where the associated violation occurred after November 2, 2015. Consistent with OMB guidance, the 2015 Act does not change previously assessed penalties that the agency is actively collecting or has collected. --------------------------------------------------------------------------- \4\ OMB, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 16, 2016. https://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf (last accessed Dec. 21, 2016). --------------------------------------------------------------------------- The IFR established the initial ``catch-up'' adjustment for all civil penalties that DHS and its components administer. This Final Rule makes the next adjustment to the amounts, pursuant to the 2015 Act and upon OMB guidance. The adjusted penalty amounts will apply to penalties assessed after the effective date of this Final Rule. We discuss civil penalties by DHS component in Section III below. For each component identified in Section III, below, we briefly describe the relevant civil penalty (or penalties), and we provide a table showing the increase in the penalties for 2017. In the table for each component, we show (1) the penalty name, (2) the penalty statutory and/or regulatory citation, (3) the penalty amount as adjusted in the IFR, (4) the cost- of-living adjustment multiplier for 2017 that OMB provided in its December 16, 2016 guidance, and (5) the new 2017 adjusted penalty. For a more complete discussion of the method used for calculating the initial ``catch-up'' inflation adjustments and a component-by-component breakdown to the nature of the civil penalties and relevant legal authorities, please see the IFR preamble at 81 FR 42987-43000. III. Adjustments by Component In the following sections, we briefly describe the civil penalties that DHS and its components assess. We include tables at the end of each section, which list the individual adjustments for each penalty. A. National Protection and Programs Directorate The National Protection and Programs Directorate (NPPD) administers only one civil penalty that the 2015 Act affects. That penalty assesses fines for violations of the Chemical Facility Anti-Terrorism Standards (CFATS). CFATS is a program that regulates the security of chemical facilities that, in the discretion of the Secretary, present high levels of security risk. DHS established the CFATS program in 2007 pursuant to section 550 of the Department of Homeland Security Appropriations Act of 2007 (Pub. L. 109-295).\5\ The CFATS regulation is located in part 27 of title 6 of the Code of Federal Regulations (CFR). --------------------------------------------------------------------------- \5\ Section 550 has since been superseded by the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014 (Pub. L. 113-254). The new legislation codified the statutory authority for the CFATS program within Title XXI of the Homeland Security Act of 2002, as amended. See 6 U.S.C. 621 et seq. Table 1--CFATS Civil Penalty Adjustment ---------------------------------------------------------------------------------------------------------------- New penalty as Penalty amount as adjusted by Penalty name Citation adjusted in the 2016 Multiplier * this final IFR rule ---------------------------------------------------------------------------------------------------------------- Penalty for non-compliance with 6 U.S.C. 624(b)(1);.. $32,796 per day...... 1.01636 $33,333 CFATS regulations. 6 CFR 27.300(b)(3)... ---------------------------------------------------------------------------------------------------------------- * OMB, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 16, 2016. https://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf. B. U.S. Customs and Border Protection U.S. Customs and Border Protection (CBP) assesses civil monetary penalties for certain violations of title 8 of the CFR regarding the Immigration and Nationality Act of 1952 (Pub. L. 82-414, as amended) (INA). The INA contains provisions that impose penalties on persons, including carriers and aliens, who violate specified provisions of the INA. CBP's relevant penalty provisions are located in numerous sections of the INA, however CBP has enumerated these penalties in regulation in one location--in 8 CFR 280.53. For a complete list of the INA sections for which penalties are assessed, in addition to a brief description of each violation, see the IFR preamble at 81 FR 42989-42990. Below is a table showing the 2017 adjustment for the penalties that CBP administers. Table 2--U.S. Customs and Border Protection Civil Penalties Adjustments ---------------------------------------------------------------------------------------------------------------- Penalty amount as New penalty as Penalty name Citation adjusted in the Multiplier * adjusted by this 2016 IFR final rule ---------------------------------------------------------------------------------------------------------------- Penalties for non-compliance with 8 U.S.C. 1221(g); 8 $1,312............. 1.01636 $1,333 arrival and departure manifest CFR 280.53(c)(1) requirements for passengers, (INA section crewmembers, or occupants 231(g)). transported on commercial vessels or aircraft arriving to or departing from the United States. Penalties for non-compliance with 8 U.S.C. 1224; 8 3,563.............. 1.01636 3,621 landing requirements at CFR 280.53(c)(2) designated ports of entry for (INA section 234). aircraft transporting aliens. [[Page 8573]] Penalties for failure to depart 8 U.S.C. 1229c(d); 1,502-7,512........ 1.01636 1,527-7,635 voluntarily. 8 CFR 280.53(c)(3) (INA section 240B(d)). Penalties for violations of 8 U.S.C. 3,005.............. 1.01636 3,054 removal orders relating to 1253(c)(1)(A); 8 aliens transported on vessels or CFR 280.53(c)(4) aircraft under section 241(d) of (INA section the INA, or for costs associated 243(c)(1)(A)). with removal under section 241(e) of the INA. Penalties for failure to remove 8 U.S.C. 7,512.............. 1.01636 7,635 alien stowaways under section 1253(c)(1)(B); 8 241(d)(2) of the INA. CFR 280.53(c)(4) (INA section 243(c)(1)(B)). Penalties for failure to report 8 U.S.C. 1281(d); 8 356 for each alien. 1.01636 362 for each alien an illegal landing or desertion CFR 280.53(c)(5) of alien crewmen, and for each (INA section alien not reported on arrival or 251(d)). departure manifest or lists required in accordance with section 251 of the INA. Penalties for use of alien 8 U.S.C. 1281(d); 8 8,908.............. 1.01636 9,054 crewmen for longshore work in CFR 280.53(c)(5) violation of section 251(d) of (INA section the INA. 251(d)). Penalties for failure to control, 8 U.S.C. 1284(a); 8 891-5,345.......... 1.01636 906-5,432 detain, or remove alien crewmen. CFR 280.53(c)(6) (INA section 254(a)). Penalties for employment on 8 U.S.C. 1285; 8 1,782.............. 1.01636 1,811 passenger vessels of aliens CFR 280.53(c)(7) afflicted with certain (INA section 255). disabilities. Penalties for discharge of alien 8 U.S.C. 1286; 8 2,672-5,345........ 1.01636 2,716-5,432 crewmen. CFR 280.53(c)(8) (INA section 256). Penalties for bringing into the 8 U.S.C. 1287; 8 17,816............. 1.01636 18,107 United States alien crewmen with CFR 280.53(c)(9) intent to evade immigration laws. (INA section 257). Penalties for failure to prevent 8 U.S.C. 1321(a); 8 5,345.............. 1.01636 5,432 the unauthorized landing of CFR 280.53(c)(10) aliens. (INA section 271(a)). Penalties for bringing to the 8 U.S.C. 1322(a); 8 5,345.............. 1.01636 5,432 United States aliens subject to CFR 280.53(c)(11) denial of admission on a health- (INA section related ground. 272(a)). Penalties for bringing to the 8 U.S.C. 1323(b); 8 5,345.............. 1.01636 5,432 United States aliens without CFR 280.53(c)(12) required documentation. (INA section 273(b)). Penalties for failure to depart.. 8 U.S.C. 1324d; 8 751................ 1.01636 763 CFR 280.53(c)(13) (INA section 274D). Penalties for improper entry..... 8 U.S.C. 1325(b); 8 75-376............. 1.01636 76-382 CFR 280.53(c)(14) (INA section 275(b)). ---------------------------------------------------------------------------------------------------------------- * OMB, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 16, 2016. https://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf. C. U.S. Immigration and Customs Enforcement U.S. Immigration and Customs Enforcement (ICE) assesses civil monetary penalties for certain employment-related violations arising from the INA. ICE's civil penalties are located in title 8 of the CFR. There are three different sections in the INA that impose civil monetary penalties for violations of the laws that relate to employment actions: Sections 274A, 274B, and 274C. ICE has primary enforcement responsibilities for two of these civil penalty provisions (sections 274A and 274C), and the Department of Justice (DOJ) has enforcement responsibilities for one of these civil penalty provisions (section 274B). The INA, in sections 274A and 274C, provides for imposition of civil penalties for various specified unlawful acts pertaining to the employment eligibility verification process (Form I-9, Employment Eligibility Verification) [[Page 8574]] and the employment of unauthorized aliens. Because both DHS and DOJ implement the three employment-related penalty sections in the INA, both Departments are codifying the civil penalty amounts in their implementing regulations. For a complete description of the civil money penalties assessed and a discussion of DHS's and DOJ's efforts to update the penalties in years past, see the IFR preamble at 81 FR 42991. Below is a table showing the 2017 adjustment for the penalties that ICE administers. Table 3--U.S. Immigration and Customs Enforcement Civil Penalties Adjustments ---------------------------------------------------------------------------------------------------------------- New penalty as Penalty amount adjusted by Penalty name Citation as adjusted in Multiplier * this final the 2016 IFR rule ---------------------------------------------------------------------------------------------------------------- Civil penalties for violation of 8 CFR 270.3(b)(1)(ii)(A) $445-$3,563 1.01636 $452-$3,621 Immigration and Naturalization Act (INA) sections 274C(a)(1)-(a)(4), penalty for first offense. Civil penalties for violation of 8 CFR 270.3(b)(1)(ii)(B) 376-3,005 1.01636 382-3,054 Immigration and Naturalization Act (INA) sections 274C(a)(5)-(a)(6), penalty for first offense. Civil penalties for violation of 8 CFR 270.3(b)(1)(ii)(C) 3,563-8,908 1.01636 3,621-9,054 Immigration and Naturalization Act (INA) sections 274C(a)(1)-(a)(4), penalty for subsequent offenses. Civil penalties for violation of 8 CFR 270.3(b)(1)(ii)(D) 3,005-7,512 1.01636 3,054-7,635 Immigration and Naturalization Act (INA) sections 274C(a)(5)-(a)(6), penalty for subsequent offenses. Violation/prohibition of indemnity 8 CFR 274a.8(b)......... 2,156 1.01636 2,191 bonds. Civil penalties for knowingly hiring, 8 CFR 539-4,313 1.01636 548-4,384 recruiting, referral, or retention of 274a.10(b)(1)(ii)(A). unauthorized aliens--Penalty for first offense (per unauthorized alien). Penalty for second offense (per 8 CFR 4,313-10,781 1.01636 4,384-10,957 unauthorized alien). 274a.10(b)(1)(ii)(B). Penalty for third or subsequent 8 CFR 6,469-21,563 1.01636 6,575-21,916 offense (per unauthorized alien). 274a.10(b)(1)(ii)(C). Civil penalties for I-9 paperwork 8 CFR 274a.10(b)(2)..... 216-2,156 1.01636 220-2,191 violations. ---------------------------------------------------------------------------------------------------------------- *OMB, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 16, 2016. https://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf. D. U.S. Coast Guard The Coast Guard is authorized to assess close to 150 penalties involving maritime safety and security and environmental stewardship that are critical to the continued success of Coast Guard missions. Various statutes in titles 14, 16, 19, 33, 42, 46, and 49 of the United States Code authorize these penalties. Titles 33 and 46 authorize the vast majority of these penalties as these statutes deal with navigation, navigable waters, and shipping. Beyond titles 33 and 46, the Coast Guard is also authorized to collect civil monetary penalties related to the organization and management of the Coast Guard, aquatic species conservation, obstruction of revenue, and hazardous substances and materials. For a complete discussion of the civil monetary penalties assessed by the Coast Guard, see the IFR preamble at 81 FR 42992. The Coast Guard has identified the penalties it administers, adjusted those penalties for inflation, and is listing those new penalties in a table located in the CFR--specifically, Table 1 in 33 CFR 27.3. Table 1 in 33 CFR 27.3 identifies the statutes that provide the Coast Guard with civil monetary penalty authority and sets out the inflation-adjusted maximum penalty that the Coast Guard may impose pursuant to each statutory provision. Table 1 in 33 CFR 27.3 provides the current maximum penalty for violations that occurred after November 2, 2015. The applicable civil penalty amounts for violations occurring on or before November 2, 2015 are set forth in previously published regulations amending 33 CFR part 27. To find the applicable penalty amount for a violation that occurred on or before November 2, 2015, look to the prior versions of the CFR that pertain to the date on which the violation occurred. Table 4 below shows the 2017 adjustment for the penalties that the Coast Guard administers. Table 4--U.S. Coast Guard Civil Penalties Adjustments ---------------------------------------------------------------------------------------------------------------- Penalty amount New penalty as as adjusted adjusted by Penalty name Citation in the 2016 Multiplier * this final IFR rule ---------------------------------------------------------------------------------------------------------------- Saving Life and Property.............. 14 U.S.C. 88(c)......... $10,017 1.01636 $10,181 Saving Life and Property; Intentional 14 U.S.C. 88(e)......... 1,028 1.01636 1,045 Interference with Broadcast. Confidentiality of Medical Quality 14 U.S.C. 645(i); 33 CFR 5,032 1.01636 5,114 Assurance Records (first offense). 27.3. Confidentiality of Medical Quality 14 U.S.C. 645(i); 33 CFR 33,546 1.01636 34,095 Assurance Records (subsequent 27.3. offenses). Aquatic Nuisance Species in Waters of 16 U.S.C. 4711(g)(1); 33 37,561 1.01636 38,175 the United States. CFR 27.3. [[Page 8575]] Obstruction of Revenue Officers by 19 U.S.C. 70; 33 CFR 7,500 1.01636 7,623 Masters of Vessels. 27.3. Obstruction of Revenue Officers by 19 U.S.C. 70; 33 CFR 1,750 1.01636 1,779 Masters of Vessels-Minimum Penalty. 27.3. Failure to Stop Vessel When Directed; 19 U.S.C. 1581(d)....... ** 5,000 N/A ** 5,000 Master, Owner, Operator or Person in Charge. Failure to Stop Vessel When Directed; 19 U.S.C. 1581(d)....... ** 1,000 N/A ** 1,000 Master, Owner, Operator or Person in Charge-Minimum Penalty. Anchorage Ground/Harbor Regulations 33 U.S.C. 471; 33 CFR 10,875 1.01636 11,053 General. 27.3. Anchorage Ground/Harbor Regulations 33 U.S.C. 474; 33 CFR 750 1.01636 762 St. Mary's river. 27.3. Bridges/Failure to Comply with 33 U.S.C. 495(b); 33 CFR 27,455 1.01636 27,904 Regulations. 27.3. Bridges/Drawbridges................... 33 U.S.C. 499(c); 33 CFR 27,455 1.01636 27,904 27.3. Bridges/Failure to Alter Bridge 33 U.S.C. 502(c); 33 CFR 27,455 1.01636 27,904 Obstructing Navigation. 27.3. Bridges/Maintenance and Operation..... 33 U.S.C. 533(b); 33 CFR 27,455 1.01636 27,904 27.3. Bridge to Bridge Communication; 33 U.S.C. 1208(a); 33 2,000 1.01636 2,033 Master, Person in Charge or Pilot. CFR 27.3. Bridge to Bridge Communication; Vessel 33 U.S.C. 1208(b); 33 2,000 1.01636 2,033 CFR 27.3. PWSA Regulations...................... 33 U.S.C. 1232(a); 33 88,613 1.01636 90,063 CFR 27.3. Vessel Navigation: Regattas or Marine 33 U.S.C. 1236(b); 33 8,908 1.01636 9,054 Parades; Unlicensed Person in Charge. CFR 27.3. Vessel Navigation: Regattas or Marine 33 U.S.C. 1236(c); 33 8,908 1.01636 9,054 Parades; Owner Onboard Vessel. CFR 27.3. Vessel Navigation: Regattas or Marine 33 U.S.C. 1236(d); 33 4,454 1.01636 4,527 Parades; Other Persons. CFR 27.3. Oil/Hazardous Substances: Discharges 33 U.S.C. 17,816 1.01636 18,107 (Class I per violation). 1321(b)(6)(B)(i); 33 CFR 27.3. Oil/Hazardous Substances: Discharges 33 U.S.C. 44,539 1.01636 45,268 (Class I total under paragraph). 1321(b)(6)(B)(i); 33 CFR 27.3. Oil/Hazardous Substances: Discharges 33 U.S.C. 17,816 1.01636 18,107 (Class II per day of violation). 1321(b)(6)(B)(ii); 33 CFR 27.3. Oil/Hazardous Substances: Discharges 33 U.S.C. 222,695 1.01636 226,338 (Class II total under paragraph). 1321(b)(6)(B)(ii); 33 CFR 27.3. Oil/Hazardous Substances: Discharges 33 U.S.C. 1321(b)(7)(A); 44,539 1.01636 45,268 (per day of violation) Judicial 33 CFR 27.3. Assessment. Oil/Hazardous Substances: Discharges 33 U.S.C. 1321(b)(7)(A); 1,782 1.01636 1,811 (per barrel of oil or unit 33 CFR 27.3. discharged) Judicial Assessment. Oil/Hazardous Substances: Failure to 33 U.S.C. 1321(b)(7)(B); 44,539 1.01636 45,268 Carry Out Removal/Comply With Order 33 CFR 27.3. (Judicial Assessment). Oil/Hazardous Substances: Failure to 33 U.S.C. 1321(b)(7)(C); 44,539 1.01636 45,268 Comply with Regulation Issued Under 33 CFR 27.3. 1321(j) (Judicial Assessment). Oil/Hazardous Substances: Discharges, 33 U.S.C. 1321(b)(7)(D); 5,345 1.01636 5,432 Gross Negligence (per barrel of oil 33 CFR 27.3. or unit discharged) Judicial Assessment. Oil/Hazardous Substances: Discharges, 33 U.S.C. 1321(b)(7)(D); 178,156 1.01636 181,071 Gross Negligence-Minimum Penalty 33 CFR 27.3. (Judicial Assessment). Marine Sanitation Devices; Operating.. 33 U.S.C. 1322(j); 33 7,500 1.01636 7,623 CFR 27.3. Marine Sanitation Devices; Sale or 33 U.S.C. 1322(j); 33 20,000 1.01636 20,327 Manufacture. CFR 27.3. International Navigation Rules; 33 U.S.C. 1608(a); 33 14,023 1.01636 14,252 Operator. CFR 27.3. International Navigation Rules; Vessel 33 U.S.C. 1608(b); 33 14,023 1.01636 14,252 CFR 27.3. Pollution from Ships; General......... 33 U.S.C. 1908(b)(1); 33 70,117 1.01636 71,264 CFR 27.3. Pollution from Ships; False Statement. 33 U.S.C. 1908(b)(1); 33 14,023 1.01636 14,252 CFR 27.3. Inland Navigation Rules; Operator..... 33 U.S.C. 2072(a); 33 14,023 1.01636 14,252 CFR 27.3. Inland Navigation Rules; Vessel....... 33 U.S.C. 2072(b); 33 14,023 1.01636 14,252 CFR 27.3. Shore Protection; General............. 33 U.S.C. 2609(a); 33 49,467 1.01636 50,276 CFR 27.3. Shore Protection; Operating Without 33 U.S.C. 2609(b); 33 19,787 1.01636 20,111 Permit. CFR 27.3. Oil Pollution Liability and 33 U.S.C. 2716a(a); 33 44,539 1.01636 45,268 Compensation. CFR 27.3. Clean Hulls........................... 33 U.S.C. 3852(a)(1)(A); 40,779 1.01636 41,446 33 CFR 27.3. Clean Hulls-related to false 33 U.S.C. 3852(a)(1)(A); 54,373 1.01636 55,263 statements. 33 CFR 27.3. Clean Hulls-Recreational Vessel....... 33 U.S.C. 3852(c); 33 5,437 1.01636 5,526 CFR 27.3. [[Page 8576]] Hazardous Substances, Releases, 42 U.S.C. 9609(a); 33 53,907 1.01636 54,789 Liability, Compensation (Class I). CFR 27.3. Hazardous Substances, Releases, 42 U.S.C. 9609(b); 33 53,907 1.01636 54,789 Liability, Compensation (Class II). CFR 27.3. Hazardous Substances, Releases, 42 U.S.C. 9609(b); 33 161,721 1.01636 164,367 Liability, Compensation (Class II CFR 27.3. subsequent offense). Hazardous Substances, Releases, 42 U.S.C. 9609(c); 33 53,907 1.01636 54,789 Liability, Compensation (Judicial CFR 27.3. Assessment). Hazardous Substances, Releases, 42 U.S.C. 9609(c); 33 161,721 1.01636 164,367 Liability, Compensation (Judicial CFR 27.3. Assessment subsequent offense). Safe Containers for International 46 U.S.C. App 1505(a)(2) 5,893 1.01636 5,989 Cargo. (codified as 46 USC 80509); 33 CFR 27.3. Suspension of Passenger Service....... 46 U.S.C. App 1805(c)(2) 58,929 1.01636 59,893 (codified 46 USC 70305); 33 CFR 27.3. Vessel Inspection or Examination Fees. 46 U.S.C. 2110(e); 33 8,908 1.01636 9,054 CFR 27.3. Alcohol and Dangerous Drug Testing.... 46 U.S.C. 2115; 33 CFR 7,251 1.01636 7,370 27.3. Negligent Operations: Recreational 46 U.S.C. 2302(a); 33 6,559 1.01636 6,666 Vessels. CFR 27.3. Negligent Operations: Other Vessels... 46 U.S.C. 2302(a); 33 32,796 1.01636 33,333 CFR 27.3. Operating a Vessel While Under the 46 U.S.C. 2302(c)(1); 33 7,251 1.01636 7,370 Influence of Alcohol or a Dangerous CFR 27.3. Drug. Vessel Reporting Requirements: Owner, 46 U.S.C. 2306(a)(4); 33 11,293 1.01636 11,478 Charterer, Managing Operator, or CFR 27.3. Agent. Vessel Reporting Requirements: Master. 46 U.S.C. 2306(b)(2); 33 2,259 1.01636 2,296 CFR 27.3. Immersion Suits....................... 46 U.S.C. 3102(c)(1); 33 11,293 1.01636 11,478 CFR 27.3. Inspection Permit..................... 46 U.S.C. 3302(i)(5); 33 2,355 1.01636 2,394 CFR 27.3. Vessel Inspection; General............ 46 U.S.C. 3318(a); 33 11,293 1.01636 11,478 CFR 27.3. Vessel Inspection; Nautical School 46 U.S.C. 3318(g); 33 11,293 1.01636 11,478 Vessel. CFR 27.3. Vessel Inspection; Failure to Give 46 U.S.C. 3318(h); 33 2,259 1.01636 2,296 Notice IAW 3304(b). CFR 27.3. Vessel Inspection; Failure to Give 46 U.S.C. 3318(i); 33 2,259 1.01636 2,296 Notice IAW 3309(c). CFR 27.3. Vessel Inspection; Vessel >= 1600 46 U.S.C. 3318(j)(1); 33 22,587 1.01636 22,957 Gross Tons. CFR 27.3. Vessel Inspection; Vessel < 1600 Gross 46 U.S.C. 3318(j)(1); 33 4,517 1.01636 4,591 Tons. CFR 27.3. Vessel Inspection; Failure to Comply 46 U.S.C. 3318(k); 33 22,587 1.01636 22,957 with 3311(b). CFR 27.3. Vessel Inspection; Violation of 46 U.S.C. 3318(l); 33 11,293 1.01636 11,478 3318(b)-3318(f). CFR 27.3. List/count of Passengers.............. 46 U.S.C. 3502(e); 33 235 1.01636 239 CFR 27.3. Notification to Passengers............ 46 U.S.C. 3504(c); 33 23,548 1.01636 23,933 CFR 27.3. Notification to Passengers; Sale of 46 U.S.C. 3504(c); 33 1,177 1.01636 1,196 Tickets. CFR 27.3. Copies of Laws on Passenger Vessels; 46 U.S.C. 3506; 33 CFR 471 1.01636 479 Master. 27.3. Liquid Bulk/Dangerous Cargo........... 46 U.S.C. 3718(a)(1); 33 58,871 1.01636 59,834 CFR 27.3. Uninspected Vessels................... 46 U.S.C. 4106; 33 CFR 9,893 1.01636 10,055 27.3. Recreational Vessels (maximum for 46 U.S.C. 4311(b)(1); 33 311,470 1.01636 316,566 related series of violations). CFR 27.3. Recreational Vessels; Violation of 46 U.S.C. 4311(b)(1); 33 6,229 1.01636 6,331 4307(a). CFR 27.3. Recreational vessels.................. 46 U.S.C. 4311(c); 33 2,355 1.01636 2,394 CFR 27.3. Uninspected Commercial Fishing 46 U.S.C. 4507; 33 CFR 9,893 1.01636 10,055 Industry Vessels. 27.3. Abandonment of Barges................. 46 U.S.C. 4703; 33 CFR 1,677 1.01636 1,704 27.3. Load Lines............................ 46 U.S.C. 5116(a); 33 10,781 1.01636 10,957 CFR 27.3. Load Lines; Violation of 5112(a)...... 46 U.S.C. 5116(b); 33 21,563 1.01636 21,916 CFR 27.3. Load Lines; Violation of 5112(b)...... 46 U.S.C. 5116(c); 33 10,781 1.01636 10,957 CFR 27.3. Reporting Marine Casualties........... 46 U.S.C. 6103(a); 33 37,561 1.01636 38,175 CFR 27.3. Reporting Marine Casualties; Violation 46 U.S.C. 6103(b); 33 9,893 1.01636 10,055 of 6104. CFR 27.3. Manning of Inspected Vessels; Failure 46 U.S.C. 8101(e); 33 1,782 1.01636 1,811 to Report Deficiency in Vessel CFR 27.3. Complement. Manning of Inspected Vessels.......... 46 U.S.C. 8101(f); 33 17,816 1.01636 18,107 CFR 27.3. Manning of Inspected Vessels; 46 U.S.C. 8101(g); 33 17,816 1.01636 18,107 Employing or Serving in Capacity not CFR 27.3. Licensed by USCG. Manning of Inspected Vessels; Freight 46 U.S.C. 8101(h); 33 2,355 1.01636 2,394 Vessel < 100 GT, Small Passenger CFR 27.3. Vessel, or Sailing School Vessel. Watchmen on Passenger Vessels......... 46 U.S.C. 8102(a)....... 2,355 1.01636 2,394 Citizenship Requirements.............. 46 U.S.C. 8103(f)....... 1,177 1.01636 1,196 [[Page 8577]] Watches on Vessels; Violation of 46 U.S.C. 8104(i)....... 17,816 1.01636 18,107 8104(a) or (b). Watches on Vessels; Violation of 46 U.S.C. 8104(j)....... 17,816 1.01636 18,107 8104(c), (d), (e), or (h). Staff Department on Vessels........... 46 U.S.C. 8302(e)....... 235 1.01636 239 Officer's Competency Certificates..... 46 U.S.C. 8304(d)....... 235 1.01636 239 Coastwise Pilotage; Owner, Charterer, 46 U.S.C. 8502(e)....... 17,816 1.01636 18,107 Managing Operator, Agent, Master or Individual in Charge. Coastwise Pilotage; Individual........ 46 U.S.C. 8502(f)....... 17,816 1.01636 18,107 Federal Pilots........................ 46 U.S.C. 8503.......... 56,467 1.01636 57,391 Merchant Mariners Documents........... 46 U.S.C. 8701(d)....... 1,177 1.01636 1,196 Crew Requirements..................... 46 U.S.C. 8702(e)....... 17,816 1.01636 18,107 Small Vessel Manning.................. 46 U.S.C. 8906.......... 37,561 1.01636 38,175 Pilotage: Great Lakes; Owner, 46 U.S.C. 9308(a)....... 17,816 1.01636 18,107 Charterer, Managing Operator, Agent, Master or Individual in Charge. Pilotage: Great Lakes; Individual..... 46 U.S.C. 9308(b)....... 17,816 1.01636 18,107 Pilotage: Great Lakes; Violation of 46 U.S.C. 9308(c)....... 17,816 1.01636 18,107 9303. Failure to Report Sexual Offense...... 46 U.S.C. 10104(b)...... 9,468 1.01636 9,623 Pay Advances to Seamen................ 46 U.S.C. 10314(a)(2)... 1,177 1.01636 1,196 Pay Advances to Seamen; Remuneration 46 U.S.C. 10314(b)...... 1,177 1.01636 1,196 for Employment. Allotment to Seamen................... 46 U.S.C. 10315(c)...... 1,177 1.01636 1,196 Seamen Protection; General............ 46 U.S.C. 10321......... 8,162 1.01636 8,296 Coastwise Voyages: Advances........... 46 U.S.C. 10505(a)(2)... 8,162 1.01636 8,296 Coastwise Voyages: Advances; 46 U.S.C. 10505(b)...... 8,162 1.01636 8,296 Remuneration for Employment. Coastwise Voyages: Seamen Protection; 46 U.S.C. 10508(b)...... 8,162 1.01636 8,296 General. Effects of Deceased Seamen............ 46 U.S.C. 10711......... 471 1.01636 479 Complaints of Unfitness............... 46 U.S.C. 10902(a)(2)... 1,177 1.01636 1,196 Proceedings on Examination of Vessel.. 46 U.S.C. 10903(d)...... 235 1.01636 239 Permission to Make Complaint.......... 46 U.S.C. 10907(b)...... 1,177 1.01636 1,196 Accommodations for Seamen............. 46 U.S.C. 11101(f)...... 1,177 1.01636 1,196 Medicine Chests on Vessels............ 46 U.S.C. 11102(b)...... 1,177 1.01636 1,196 Destitute Seamen...................... 46 U.S.C. 11104(b)...... 235 1.01636 239 Wages on Discharge.................... 46 U.S.C. 11105(c)...... 1,177 1.01636 1,196 Log Books; Master Failing to Maintain. 46 U.S.C. 11303(a)...... 471 1.01636 479 Log Books; Master Failing to Make 46 U.S.C. 11303(b)...... 471 1.01636 479 Entry. Log Books; Late Entry................. 46 U.S.C. 11303(c)...... 353 1.01636 359 Carrying of Sheath Knives............. 46 U.S.C. 11506......... 118 1.01636 120 Vessel Documentation.................. 46 U.S.C. 12151(a)(1)... 15,423 1.01636 15,675 Documentation of Vessels--Related to 46 U.S.C. 12151 (a)(2).. 25,705 1.01636 26,126 Activities involving mobile offshore drilling units. Vessel Documentation; Fishery 46 U.S.C. 12151(c)...... 117,858 1.01636 119,786 Endorsement. Numbering of Undocumented Vessels-- 46 U.S.C. 12309(a)...... 11,774 1.01636 11,967 Willful violation. Numbering of Undocumented Vessels..... 46 U.S.C. 12309(b)...... 2,355 1.01636 2,394 Vessel Identification System.......... 46 U.S.C. 12507(b)...... 19,787 1.01636 20,111 Measurement of Vessels................ 46 U.S.C. 14701......... 43,126 1.01636 43,832 Measurement; False Statements......... 46 U.S.C. 14702......... 43,126 1.01636 43,832 Commercial Instruments and Maritime 46 U.S.C. 31309......... 19,787 1.01636 20,111 Liens. Commercial Instruments and Maritime 46 U.S.C. 31330(a)(2)... 19,787 1.01636 20,111 Liens; Mortgagor. Commercial Instruments and Maritime 46 U.S.C. 31330(b)(2)... 49,467 1.01636 50,276 Liens; Violation of 31329. Port Security......................... 46 U.S.C. 70119(a)...... 32,796 1.01636 33,333 Port Security-Continuing Violations... 46 U.S.C. 70119(b)...... 58,929 1.01636 59,893 Maritime Drug Law Enforcement......... 46 U.S.C. 70506(c)...... 5,437 1.01636 5,526 Hazardous Materials: Related to 49 U.S.C. 5123(a)(1).... 77,114 1.01636 78,376 Vessels. Hazardous Materials: Related to 49 U.S.C. 5123(a)(2).... 179,933 1.01636 182,877 Vessels-Penalty from Fatalities, Serious Injuries/Illness or substantial Damage to Property. Hazardous Materials: Related to 49 U.S.C. 5123(a)(3).... 463 1.01636 471 Vessels; Training. ---------------------------------------------------------------------------------------------------------------- * OMB, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 16, 2016. https://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf. ** Exempt as under the Tariff Act. [[Page 8578]] E. Transportation Security Administration The Transportation Security Administration (TSA) is updating its civil penalties regulation in accordance with the 2015 Act. Pursuant to its statutory authority in 49 U.S.C. 114(v), TSA may impose penalties for violations of any statute that TSA administers, whether an implementing regulation or order imposes the penalty.\6\ TSA assesses these penalties for a wide variety of aviation and surface security requirements, including violations of TSA's requirements applicable to Transportation Worker Identification Credentials (TWIC),\7\ as well as violations of requirements described in chapter 449 of title 49 of the United States Code. These penalties can apply to a wide variety of situations, as described in the statutory and regulatory provisions, as well as in guidance that TSA publishes. Below is a table showing the 2017 adjustment for the penalties that TSA administers. --------------------------------------------------------------------------- \6\ See 49 U.S.C. 114(v), as amended by sec. 1302 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Pub. L. 110-53, 121 Stat. 266 (Aug. 3, 2007)). \7\ See, e.g., 46 U.S.C. 70105, 49 U.S.C. 46302 and 46303, and U.S.C. ch. 449. Table 5--Transportation Security Administration Civil Penalties Adjustments ---------------------------------------------------------------------------------------------------------------- Penalty amount as New penalty as Penalty name Citation adjusted in the Multiplier * adjusted by this 2016 IFR final rule ---------------------------------------------------------------------------------------------------------------- Violation of 49 U.S.C. ch. 449 49 U.S.C. $32,140 (up to a 1.01636 $32,666 (up to a (except secs. 44902, 44903(d), 46301(a)(1), (4); total of $514,244 total of $522,657 44907(a)-(d)(1)(A), 49 CFR per civil penalty per civil penalty 44907(d)(1)(C)-(f), 44908, and 1503.401(c)(2). action). action). 44909), or 49 U.S.C. 46302 or 46303, a regulation prescribed, or order issued thereunder by a person operating an aircraft for the transportation of passengers or property for compensation. Violation of 49 U.S.C. ch. 449 49 U.S.C. $12,856 (up to a 1.01636 $13,066 (up to a (except secs. 44902, 44903(d), 46301(a)(1), (4); total of $64,281 total of $65,333 44907(a)-(d)(1)(A), 49 CFR total for small total for small 44907(d)(1)(C)-(f), 44908, and 1503.401(c)(1). businesses, business, $522,657 44909), or 49 U.S.C. 46302 or $514,244 for for others). 46303, a regulation prescribed, others). or order issued thereunder by an individual (except an airman serving as an airman), any person not operating an aircraft for the transportation of passengers or property for compensation, or a small business concern. Violation of any other provision 49 U.S.C. 114(v); $11,002 (up to a 1.01636 $11,182 (up to a of title 49 U.S.C. or of 46 49 CFR 1503.401(b). total of $55,010 total of $55,910 U.S.C. ch. 701, a regulation total for small total for small prescribed, or order issued businesses, businesses, thereunder. $440,080 for $447,280 for others). others). ---------------------------------------------------------------------------------------------------------------- \*\ OMB, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 16, 2016. https://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf. IV. Discussion of Public Comments DHS did not receive any public comments on the IFR. V. Administrative Procedure Act The Administrative Procedure Act (APA) generally requires agencies to publish a notice of proposed rulemaking in the Federal Register (5 U.S.C. 553(b)) and to provide interested persons with the opportunity to submit comments (5 U.S.C. 553(c)). The APA also requires agencies to provide a delayed effective date (of not less than 30 days) for substantive rules. 5 U.S.C. 553(d). The APA, however, provides an exception to the notice and public comment requirements where the ``agency for good cause finds . . . that notice and public procedure thereon are impracticable, unnecessary, or contrary to public interest.'' 5 U.S.C. 553(b)(B). As discussed in the preamble to the IFR, DHS issued the IFR pursuant to the ``good cause'' exception in the APA. With respect to this Final Rule and future required annual adjustments, the 2015 Act, specifically instructed that agencies are to make the required annual adjustments notwithstanding section 553 of title 5 of the United States Code. DHS is promulgating this Final Rule to ensure that the amount of civil penalties that DHS assesses or enforces reflects the statutorily mandated ranges as adjusted for inflation. The 2015 Act provides a clear formula for adjustment of the civil penalties, leaving DHS and its components with little room for discretion. DHS and its components have been charged only with performing ministerial computations to determine the amounts of adjustments for inflation to civil monetary penalties. Accordingly, and as specified in the 2015 Act, the prior public notice and comment procedures and delayed effective date requirements of the APA do not apply to this rule. As described in Section I above, the 2015 Act requires agencies to make annual adjustments to civil monetary penalties no later than January 15 of each year and to publish the adjustments in the Federal Register. DHS intends to make future annual inflation adjustments by publication of a Final Rule, notwithstanding section 553 of title 5 of the United States Code including the notice-and-comment and delayed effective date requirements of the APA. In future annual adjustments, DHS will merely need to update the penalty amounts by applying the cost-of-living adjustment multiplier that OMB provides to agencies. Accordingly, DHS will publish a Final Rule, notwithstanding section 553 of title 5 of the United States Code, that provides a table with the adjusted penalty amounts [[Page 8579]] and that updates the numbers in the regulatory text accordingly. VI. Regulatory Analyses A. Executive Orders 12866 and 13563 Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. OMB has not designated this Final Rule a ``significant regulatory action'' under section 3(f) of Executive Order 12866. Accordingly, OMB has not reviewed this rule. This Final Rule makes nondiscretionary adjustments to existing civil monetary penalties in accordance with the 2015 Act and OMB guidance.\8\ DHS therefore did not consider alternatives and does not have the flexibility to alter the adjustments of the civil monetary penalty amounts as provided in this rule. To the extent this Final Rule increases civil monetary penalties, it would result in an increase in transfers from persons or entities assessed a civil monetary penalty to the government. --------------------------------------------------------------------------- \8\ OMB, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 16, 2016. https://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf. --------------------------------------------------------------------------- B. Regulatory Flexibility Act The Regulatory Flexibility Act applies only to rules for which an agency publishes a notice of proposed rulemaking pursuant to 5 U.S.C. 553(b). See 5 U.S.C. 601-612. The Regulatory Flexibility Act does not apply to this Final Rule, because a notice of proposed rulemaking was not required for the reasons stated above. C. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538, requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or Tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. This Final Rule will not result in such an expenditure. D. Paperwork Reduction Act The provisions of the Paperwork Reduction Act of 1995, 44 U.S.C. chapter 35, and its implementing regulations, 5 CFR part 1320, do not apply to this Final Rule, because this Final Rule does not trigger any new or revised recordkeeping or reporting. List of Subjects 6 CFR Part 27 Reporting and recordkeeping requirements, Security measures. 8 CFR Part 270 Administrative practice and procedure, Aliens, Employment, Fraud, Penalties. 8 CFR Part 274a Administrative practice and procedure, Aliens, Employment, Penalties, Reporting and recordkeeping requirements. 8 CFR Part 280 Administrative practice and procedure, Immigration, Penalties. 33 CFR Part 27 Administrative practice and procedure, Penalties. 49 CFR Part 1503 Administrative practice and procedure, Investigations, Law enforcement, Penalties. Amendments to the Regulations Accordingly, for the reasons stated in the preamble, the interim rule amending 6 CFR part 27, 8 CFR parts 270, 274a, and 280, 33 CFR part 27, and 49 CFR part 1503, which was published at 81 FR 42987 on July 1, 2016, is adopted as a final rule with the following changes: Title 6--Domestic Security PART 27--CHEMICAL FACILITY ANTI-TERRORISM STANDARDS 0 1. The authority citation for part 27 continues to read as follows: Authority: 6 U.S.C. 624; Public Law 101-410, 104 Stat. 890, as amended by Public Law 114-74, 129 Stat. 599. 0 2. In Sec. 27.300, revise paragraph (b)(3) to read as follows: Sec. 27.300 Orders. * * * * * (b) * * * (3) Where the Assistant Secretary determines that a facility is in violation of an Order issued pursuant to paragraph (a) of this section and issues an Order Assessing Civil Penalty pursuant to paragraph (b)(1) of this section, a chemical facility is liable to the United States for a civil penalty of not more than $25,000 for each day during which the violation continues, if the violation of the Order occurred on or before November 2, 2015, or $33,333 for each day during which the violation of the Order continues, if the violation occurred after November 2, 2015. * * * * * Title 8--Aliens and Nationality PART 270--PENALTIES FOR DOCUMENT FRAUD 0 3. The authority citation for part 270 continues to read as follows: Authority: 8 U.S.C. 1101, 1103, and 1324c; Public Law 101-410, 104 Stat. 890, as amended by Public Law 104-134, 110 Stat. 1321 and Public Law 114-74, 129 Stat. 599. 0 4. In Sec. 270.3, revise paragraphs (b)(1)(ii)(A), (B), (C), and (D) to read as follows: Sec. 270.3 Penalties. * * * * * (b) * * * (1) * * * (ii) * * * (A) First offense under section 274C(a)(1) through (a)(4). Not less than $275 and not exceeding $2,200 for each fraudulent document or each proscribed activity described in section 274C(a)(1) through (a)(4) of the Act before March 27, 2008; not less than $375 and not exceeding $3,200 for each fraudulent document or each proscribed activity described in section 274C(a)(1) through (a)(4) of the Act on or after March 27, 2008 and on or before November 2, 2015; and not less than $452 and not exceeding $3,621 for each fraudulent document or each proscribed activity described in section 274C(a)(1) through (a)(4) of the Act after November 2, 2015. (B) First offense under section 274C(a)(5) or (a)(6). Not less than $250 and not exceeding $2,000 for each fraudulent document or each proscribed activity described in section 274C(a)(5) or (a)(6) of the Act before March 27, 2008; not less than $275 and not exceeding $2,200 for each fraudulent document or each proscribed activity described in section 274C(a)(5) or (a)(6) of the Act on or after March 27, 2008 and on or before November 2, 2015; and not less than $382 and not exceeding $3,054 for each fraudulent document or each proscribed activity described in section 274C(a)(5) or (a)(6) of the Act after November 2, 2015. (C) Subsequent offenses under section 274C(a)(1) through (a)(4). Not less than $2,200 and not more than $5,500 for each fraudulent document or each [[Page 8580]] proscribed activity described in section 274C(a)(1) through (a)(4) of the Act before March 27, 2008; not less than $3,200 and not exceeding $6,500 for each fraudulent document or each proscribed activity described in section 274C(a)(1) through (a)(4) of the Act occurring on or after March 27, 2008 and on or before November 2, 2015; and not less than $3,621 and not more than $9,054 for each fraudulent document or each proscribed activity described in section 274C(a)(1) through (a)(4) of the Act after November 2, 2015. (D) Subsequent offenses under section 274C(a)(5) or (a)(6). Not less than $2,000 and not more than $5,000 for each fraudulent document or each proscribed activity described in section 274C(a)(5) or (a)(6) of the Act before March 27, 2008; not less than $2,200 and not exceeding $5,500 for each fraudulent document or each proscribed activity described in section 274C(a)(5) or (a)(6) of the Act occurring on or after March 27, 2008 and on or before November 2, 2015; and not less than $3,054 and not more than $7,635 for each fraudulent document or each proscribed activity described in section 274C(a)(5) or (a)(6) of the Act after November 2, 2015. * * * * * PART 274a--CONTROL OF EMPLOYMENT OF ALIENS 0 5. The authority citation for part 274a continues to read as follows: Authority: 8 U.S.C. 1101, 1103, 1324a; 48 U.S.C. 1806; 8 CFR part 2; Public Law 101-410, 104 Stat. 890, as amended by Public Law 114-74, 129 Stat. 599. 0 6. In Sec. 274a.8, revise paragraph (b) to read as follows: Sec. 274a.8 Prohibition of indemnity bonds. * * * * * (b) Penalty. Any person or other entity who requires any individual to post a bond or security as stated in this section shall, after notice and opportunity for an administrative hearing in accordance with section 274A(e)(3)(B) of the Act, be subject to a civil monetary penalty of $1,000 for each violation before September 29, 1999, of $1,100 for each violation occurring on or after September 29, 1999 but on or before November 2, 2015, and of $2,191 for each violation occurring after November 2, 2015, and to an administrative order requiring the return to the individual of any amounts received in violation of this section or, if the individual cannot be located, to the general fund of the Treasury. 0 7. In Sec. 274a.10, revise paragraphs (b)(1)(ii)(A), (B), and (C) and (b)(2) to read as follows: Sec. 274a.10 Penalties. * * * * * (b) * * * (1) * * * (ii) * * * (A) First offense--not less than $275 and not more than $2,200 for each unauthorized alien with respect to whom the offense occurred before March 27, 2008; not less than $375 and not exceeding $3,200, for each unauthorized alien with respect to whom the offense occurred occurring on or after March 27, 2008 and on or before November 2, 2015; and not less than $548 and not more than $4,384 for each unauthorized alien with respect to whom the offense occurred occurring after November 2, 2015. (B) Second offense--not less than $2,200 and not more than $5,500 for each unauthorized alien with respect to whom the second offense occurred before March 27, 2008; not less than $3,200 and not more than $6,500, for each unauthorized alien with respect to whom the second offense occurred on or after March 27, 2008 and on or before November 2, 2015; and not less than $4,384 and not more than $10,957 for each unauthorized alien with respect to whom the second offense occurred after November 2, 2015; or (C) More than two offenses--not less than $3,300 and not more than $11,000 for each unauthorized alien with respect to whom the third or subsequent offense occurred before March 27, 2008; not less than $4,300 and not exceeding $16,000, for each unauthorized alien with respect to whom the third or subsequent offense occurred on or after March 27, 2008 and on or before November 2, 2015; and not less than $6,575 and not more than $21,916 for each unauthorized alien with respect to whom the third or subsequent offense occurred after November 2, 2015; and * * * * * (2) A respondent determined by the Service (if a respondent fails to request a hearing) or by an administrative law judge, to have failed to comply with the employment verification requirements as set forth in Sec. 274a.2(b), shall be subject to a civil penalty in an amount of not less than $100 and not more than $1,000 for each individual with respect to whom such violation occurred before September 29, 1999; not less than $110 and not more than $1,100 for each individual with respect to whom such violation occurred on or after September 29, 1999 and on or before November 2, 2015; and not less than $220 and not more than $2,191 for each individual with respect to whom such violation occurred after November 2, 2015. In determining the amount of the penalty, consideration shall be given to: (i) The size of the business of the employer being charged; (ii) The good faith of the employer; (iii) The seriousness of the violation; (iv) Whether or not the individual was an unauthorized alien; and (v) The history of previous violations of the employer. * * * * * PART 280--IMPOSITION AND COLLECTION OF FINES 0 8. The authority citation for part 280 continues to read as follows: Authority: 8 U.S.C. 1103, 1221, 1223, 1227, 1229, 1253, 1281, 1283, 1284, 1285, 1286, 1322, 1323, 1330; 66 Stat. 173, 195, 197, 201, 203, 212, 219, 221-223, 226, 227, 230; Public Law 101-410, 104 Stat. 890, as amended by Public Law 114-74, 129 Stat. 599. 0 9. Revise Sec. 280.53 to read as follows: Sec. 280.53 Civil monetary penalties inflation adjustment. (a) Statutory authority. In accordance with the requirements of the Federal Civil Penalties Inflation Adjustment Act of 1990, Public Law 101-410, 104 Stat. 890, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Public Law 114-74, Sec. 701, 129 Stat. 599, the civil monetary penalties listed in paragraph (b) of this section are adjusted as provided in paragraph (b). (b) Adjustment of penalties. For violations occurring on or before November 2, 2015, the penalty amount prior to adjustment applies. For violations occurring after November 2, 2015, the listed penalties are adjusted as follows: (1) Section 231(g) of the Act, Penalties for non-compliance with arrival and departure manifest requirements for passengers, crewmembers, or occupants transported on commercial vessels or aircraft arriving to or departing from the United States: From $1,312 to $1,333. (2) Section 234 of the Act, Penalties for non-compliance with landing requirements at designated ports of entry for aircraft transporting aliens: From $3,563 to $3,621. (3) Section 240B(d) of the Act, Penalties for failure to depart voluntarily: From $1,502 minimum/$7,512 maximum to $1,527 minimum/ $7,635 maximum. (4) Section 243(c)(1)(A) of the Act, Penalties for violations of removal orders relating to aliens transported on vessels or aircraft, under section 241(d) of the Act, or for costs associated with removal under section 241(e) of the Act: From $3,005 to $3,054; [[Page 8581]] (5) Penalties for failure to remove alien stowaways under section 241(d)(2): From $7,512 to $7,635. (6) Section 251(d) of the Act, Penalties for failure to report an illegal landing or desertion of alien crewmen, and for each alien not reported on arrival or departure manifest or lists required in accordance with section 251 of the Act: From $356 to $362; and penalties for use of alien crewmen for longshore work in violation of section 251(d) of the Act: From $8,908 to $9,054. (7) Section 254(a) of the Act, Penalties for failure to control, detain, or remove alien crewmen: From $891 minimum/$5,345 maximum to $906 minimum/$5,432 maximum. (8) Section 255 of the Act, Penalties for employment on passenger vessels of aliens afflicted with certain disabilities: From $1,782 to $1,811. (9) Section 256 of the Act, Penalties for discharge of alien crewmen: From $2,672 minimum/$5,345 maximum to $2,716 minimum/$5,432 maximum. (10) Section 257 of the Act, Penalties for bringing into the United States alien crewmen with intent to evade immigration laws: From $17,816 maximum to $18,107 maximum. (11) Section 271(a) of the Act, Penalties for failure to prevent the unauthorized landing of aliens: From $5,345 to $5,432. (12) Section 272(a) of the Act, Penalties for bringing to the United States aliens subject to denial of admission on a health-related ground: From $5,345 to $5,432. (13) Section 273(b) of the Act, Penalties for bringing to the United States aliens without required documentation: From $5,345 to $5,432. (14) Section 274D of the Act, Penalties for failure to depart: From $751 to $763, for each day the alien is in violation. (15) Section 275(b) of the Act, Penalties for improper entry: From $75 minimum/$376 maximum to $76 minimum/$382 maximum, for each entry or attempted entry. Title 33--Navigation and Navigable Waters PART 27--ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION 0 10. The authority citation for part 27 continues to read as follows: Authority: Secs. 1-6, Public Law 101-410, 104 Stat. 890, as amended by Sec. 31001(s)(1), Public Law 104-134, as amended by Public Law 114-74; 110 Stat. 1321 (28 U.S.C. 2461 note); Department of Homeland Security Delegation No. 0170.1, sec. 2 (106). 0 11. Revise Sec. 27.3 to read as follows: Sec. 27.3 Penalty adjustment table. Table 1 identifies the statutes administered by the Coast Guard that authorize a civil monetary penalty. The ``adjusted maximum penalty'' is the maximum penalty authorized by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, as determined by the Coast Guard. The adjusted civil penalty amounts listed in Table 1 are applicable for penalty assessments issued after January 27, 2017, with respect to violations occurring after November 2, 2015. The applicable civil penalty amounts for violations occurring on or before November 2, 2015, are set forth in previously published regulations amending this part. Table 1--Civil Monetary Penalty Inflation Adjustments ---------------------------------------------------------------------------------------------------------------- 2017 adjusted maximum U.S. Code citation Civil monetary penalty description penalty amount ($) ---------------------------------------------------------------------------------------------------------------- 14 U.S.C. 88(c)............................... Saving Life and Property........................ 10,181 14 U.S.C. 88(e)............................... Saving Life and Property; Intentional 1,045 Interference with Broadcast. 14 U.S.C. 645(i).............................. Confidentiality of Medical Quality Assurance 5,114 Records (first offense). 14 U.S.C. 645(i).............................. Confidentiality of Medical Quality Assurance 34,095 Records (subsequent offenses). 16 U.S.C. 4711(g)(1).......................... Aquatic Nuisance Species in Waters of the United 38,175 States. 19 U.S.C. 70.................................. Obstruction of Revenue Officers by Masters of 7,623 Vessels. 19 U.S.C. 70.................................. Obstruction of Revenue Officers by Masters of 1,779 Vessels--Minimum Penalty. 19 U.S.C. 1581(d)............................. Failure to Stop Vessel When Directed; Master, 5,000 Owner, Operator or Person in Charge \1\. 19 U.S.C. 1581(d)............................. Failure to Stop Vessel When Directed; Master, 1,000 Owner, Operator or Person in Charge--Minimum Penalty \1\. 33 U.S.C. 471................................. Anchorage Ground/Harbor Regulations General..... 11,053 33 U.S.C. 474................................. Anchorage Ground/Harbor Regulations St. Mary's 762 River. 33 U.S.C. 495(b).............................. Bridges/Failure to Comply with Regulations...... 27,904 33 U.S.C. 499(c).............................. Bridges/Drawbridges............................. 27,904 33 U.S.C. 502(c).............................. Bridges/Failure to Alter Bridge Obstructing 27,904 Navigation. 33 U.S.C. 533(b).............................. Bridges/Maintenance and Operation............... 27,904 33 U.S.C. 1208(a)............................. Bridge to Bridge Communication; Master, Person 2,033 in Charge or Pilot. 33 U.S.C. 1208(b)............................. Bridge to Bridge Communication; Vessel.......... 2,033 33 U.S.C. 1232(a)............................. PWSA Regulations................................ 90,063 33 U.S.C. 1236(b)............................. Vessel Navigation: Regattas or Marine Parades; 9,054 Unlicensed Person in Charge. 33 U.S.C. 1236(c)............................. Vessel Navigation: Regattas or Marine Parades; 9,054 Owner Onboard Vessel. 33 U.S.C. 1236(d)............................. Vessel Navigation: Regattas or Marine Parades; 4,527 Other Persons. 33 U.S.C. 1321(b)(6)(B)(i).................... Oil/Hazardous Substances: Discharges (Class I 18,107 per violation). 33 U.S.C. 1321(b)(6)(B)(i).................... Oil/Hazardous Substances: Discharges (Class I 45,268 total under paragraph). 33 U.S.C. 1321(b)(6)(B)(ii)................... Oil/Hazardous Substances: Discharges (Class II 18,107 per day of violation). 33 U.S.C. 1321(b)(6)(B)(ii)................... Oil/Hazardous Substances: Discharges (Class II 226,338 total under paragraph). 33 U.S.C. 1321(b)(7)(A)....................... Oil/Hazardous Substances: Discharges (per day of 45,268 violation) Judicial Assessment. 33 U.S.C. 1321(b)(7)(A)....................... Oil/Hazardous Substances: Discharges (per barrel 1,811 of oil or unit discharged) Judicial Assessment. 33 U.S.C. 1321(b)(7)(B)....................... Oil/Hazardous Substances: Failure to Carry Out 45,268 Removal/Comply With Order (Judicial Assessment). 33 U.S.C. 1321(b)(7)(C)....................... Oil/Hazardous Substances: Failure to Comply with 45,268 Regulation Issued Under 1321(j) (Judicial Assessment). [[Page 8582]] 33 U.S.C. 1321(b)(7)(D)....................... Oil/Hazardous Substances: Discharges, Gross 5,432 Negligence (per barrel of oil or unit discharged) Judicial Assessment. 33 U.S.C. 1321(b)(7)(D)....................... Oil/Hazardous Substances: Discharges, Gross 181,071 Negligence--Minimum Penalty (Judicial Assessment). 33 U.S.C. 1322(j)............................. Marine Sanitation Devices; Operating............ 7,623 33 U.S.C. 1322(j)............................. Marine Sanitation Devices; Sale or Manufacture.. 20,327 33 U.S.C. 1608(a)............................. International Navigation Rules; Operator........ 14,252 33 U.S.C. 1608(b)............................. International Navigation Rules; Vessel.......... 14,252 33 U.S.C. 1908(b)(1).......................... Pollution from Ships; General................... 71,264 33 U.S.C. 1908(b)(2).......................... Pollution from Ships; False Statement........... 14,252 33 U.S.C. 2072(a)............................. Inland Navigation Rules; Operator............... 14,252 33 U.S.C. 2072(b)............................. Inland Navigation Rules; Vessel................. 14,252 33 U.S.C. 2609(a)............................. Shore Protection; General....................... 50,276 33 U.S.C. 2609(b)............................. Shore Protection; Operating Without Permit...... 20,111 33 U.S.C. 2716a(a)............................ Oil Pollution Liability and Compensation........ 45,268 33 U.S.C. 3852(a)(1)(A)....................... Clean Hulls; Civil Enforcement.................. 41,446 33 U.S.C. 3852(a)(1)(A)....................... Clean Hulls; related to false statements........ 55,263 33 U.S.C. 3852(c)............................. Clean Hulls; Recreational Vessels............... 5,526 42 U.S.C. 9609(a)............................. Hazardous Substances, Releases, Liability, 54,789 Compensation (Class I). 42 U.S.C. 9609(b)............................. Hazardous Substances, Releases, Liability, 54,789 Compensation (Class II). 42 U.S.C. 9609(b)............................. Hazardous Substances, Releases, Liability, 164,367 Compensation (Class II subsequent offense). 42 U.S.C. 9609(c)............................. Hazardous Substances, Releases, Liability, 54,789 Compensation (Judicial Assessment). 42 U.S.C. 9609(c)............................. Hazardous Substances, Releases, Liability, 164,367 Compensation (Judicial Assessment subsequent offense). 46 U.S.C. 80509(a)............................ Safe Containers for International Cargo......... 5,989 46 U.S.C. 70305(c)............................ Suspension of Passenger Service................. 59,893 46 U.S.C. 2110(e)............................. Vessel Inspection or Examination Fees........... 9,054 46 U.S.C. 2115................................ Alcohol and Dangerous Drug Testing.............. 7,370 46 U.S.C. 2302(a)............................. Negligent Operations: Recreational Vessels...... 6,666 46 U.S.C. 2302(a)............................. Negligent Operations: Other Vessels............. 33,333 46 U.S.C. 2302(c)(1).......................... Operating a Vessel While Under the Influence of 7,370 Alcohol or a Dangerous Drug. 46 U.S.C. 2306(a)(4).......................... Vessel Reporting Requirements: Owner, Charterer, 11,478 Managing Operator, or Agent. 46 U.S.C. 2306(b)(2).......................... Vessel Reporting Requirements: Master........... 2,296 46 U.S.C. 3102(c)(1).......................... Immersion Suits................................. 11,478 46 U.S.C. 3302(i)(5).......................... Inspection Permit............................... 2,394 46 U.S.C. 3318(a)............................. Vessel Inspection; General...................... 11,478 46 U.S.C. 3318(g)............................. Vessel Inspection; Nautical School Vessel....... 11,478 46 U.S.C. 3318(h)............................. Vessel Inspection; Failure to Give Notice IAW 2,296 3304(b). 46 U.S.C. 3318(i)............................. Vessel Inspection; Failure to Give Notice IAW 2,296 3309(c). 46 U.S.C. 3318(j)(1).......................... Vessel Inspection; Vessel >=1600 Gross Tons..... 22,957 46 U.S.C. 3318(j)(1).......................... Vessel Inspection; Vessel <1600 Gross Tons...... 4,591 46 U.S.C. 3318(k)............................. Vessel Inspection; Failure to Comply with 22,957 3311(b). 46 U.S.C. 3318(l)............................. Vessel Inspection; Violation of 3318(b)-3318(f). 11,478 46 U.S.C. 3502(e)............................. List/count of Passengers........................ 239 46 U.S.C. 3504(c)............................. Notification to Passengers...................... 23,933 46 U.S.C. 3504(c)............................. Notification to Passengers; Sale of Tickets..... 1,196 46 U.S.C. 3506................................ Copies of Laws on Passenger Vessels; Master..... 479 46 U.S.C. 3718(a)(1).......................... Liquid Bulk/Dangerous Cargo..................... 59,834 46 U.S.C. 4106................................ Uninspected Vessels............................. 10,055 46 U.S.C. 4311(b)(1).......................... Recreational Vessels (maximum for related series 316,566 of violations). 46 U.S.C. 4311(b)(1).......................... Recreational Vessels; Violation of 4307(a)...... 6,331 46 U.S.C. 4311(c)............................. Recreational Vessels............................ 2,394 46 U.S.C. 4507................................ Uninspected Commercial Fishing Industry Vessels. 10,055 46 U.S.C. 4703................................ Abandonment of Barges........................... 1,704 46 U.S.C. 5116(a)............................. Load Lines...................................... 10,957 46 U.S.C. 5116(b)............................. Load Lines; Violation of 5112(a)................ 21,916 46 U.S.C. 5116(c)............................. Load Lines; Violation of 5112(b)................ 10,957 46 U.S.C. 6103(a)............................. Reporting Marine Casualties..................... 38,175 46 U.S.C. 6103(b)............................. Reporting Marine Casualties; Violation of 6104.. 10,055 46 U.S.C. 8101(e)............................. Manning of Inspected Vessels; Failure to Report 1,811 Deficiency in Vessel Complement. 46 U.S.C. 8101(f)............................. Manning of Inspected Vessels.................... 18,107 46 U.S.C. 8101(g)............................. Manning of Inspected Vessels; Employing or 18,107 Serving in Capacity not Licensed by USCG. 46 U.S.C. 8101(h)............................. Manning of Inspected Vessels; Freight Vessel 2,394 <100 GT, Small Passenger Vessel, or Sailing School Vessel. 46 U.S.C. 8102(a)............................. Watchmen on Passenger Vessels................... 2,394 46 U.S.C. 8103(f)............................. Citizenship Requirements........................ 1,196 46 U.S.C. 8104(i)............................. Watches on Vessels; Violation of 8104(a) or (b). 18,107 46 U.S.C. 8104(j)............................. Watches on Vessels; Violation of 8104(c), (d), 18,107 (e), or (h). [[Page 8583]] 46 U.S.C. 8302(e)............................. Staff Department on Vessels..................... 239 46 U.S.C. 8304(d)............................. Officer's Competency Certificates............... 239 46 U.S.C. 8502(e)............................. Coastwise Pilotage; Owner, Charterer, Managing 18,107 Operator, Agent, Master or Individual in Charge. 46 U.S.C. 8502(f)............................. Coastwise Pilotage; Individual.................. 18,107 46 U.S.C. 8503................................ Federal Pilots.................................. 57,391 46 U.S.C. 8701(d)............................. Merchant Mariners Documents..................... 1,196 46 U.S.C. 8702(e)............................. Crew Requirements............................... 18,107 46 U.S.C. 8906................................ Small Vessel Manning............................ 38,175 46 U.S.C. 9308(a)............................. Pilotage: Great Lakes; Owner, Charterer, 18,107 Managing Operator, Agent, Master or Individual in Charge. 46 U.S.C. 9308(b)............................. Pilotage: Great Lakes; Individual............... 18,107 46 U.S.C. 9308(c)............................. Pilotage: Great Lakes; Violation of 9303........ 18,107 46 U.S.C. 10104(b)............................ Failure to Report Sexual Offense................ 9,623 46 U.S.C. 10314(a)(2)......................... Pay Advances to Seamen.......................... 1,196 46 U.S.C. 10314(b)............................ Pay Advances to Seamen; Remuneration for 1,196 Employment. 46 U.S.C. 10315(c)............................ Allotment to Seamen............................. 1,196 46 U.S.C. 10321............................... Seamen Protection; General...................... 8,296 46 U.S.C. 10505(a)(2)......................... Coastwise Voyages: Advances..................... 8,296 46 U.S.C. 10505(b)............................ Coastwise Voyages: Advances; Remuneration for 8,296 Employment. 46 U.S.C. 10508(b)............................ Coastwise Voyages: Seamen Protection; General... 8,296 46 U.S.C. 10711............................... Effects of Deceased Seamen...................... 479 46 U.S.C. 10902(a)(2)......................... Complaints of Unfitness......................... 1,196 46 U.S.C. 10903(d)............................ Proceedings on Examination of Vessel............ 239 46 U.S.C. 10907(b)............................ Permission to Make Complaint.................... 1,196 46 U.S.C. 11101(f)............................ Accommodations for Seamen....................... 1,196 46 U.S.C. 11102(b)............................ Medicine Chests on Vessels...................... 1,196 46 U.S.C. 11104(b)............................ Destitute Seamen................................ 239 46 U.S.C. 11105(c)............................ Wages on Discharge.............................. 1,196 46 U.S.C. 11303(a)............................ Log Books; Master Failing to Maintain........... 479 46 U.S.C. 11303(b)............................ Log Books; Master Failing to Make Entry......... 479 46 U.S.C. 11303(c)............................ Log Books; Late Entry........................... 359 46 U.S.C. 11506............................... Carrying of Sheath Knives....................... 120 46 U.S.C. 12151(a)(1)......................... Vessel Documentation............................ 15,675 46 U.S.C. 12151(a)(2)......................... Documentation of Vessels--Related to activities 26,126 involving mobile offshore drilling units. 46 U.S.C. 12151(c)............................ Vessel Documentation; Fishery Endorsement....... 119,786 46 U.S.C. 12309(a)............................ Numbering of Undocumented Vessels--Willful 11,967 violation. 46 U.S.C. 12309(b)............................ Numbering of Undocumented Vessels............... 2,394 46 U.S.C. 12507(b)............................ Vessel Identification System.................... 20,111 46 U.S.C. 14701............................... Measurement of Vessels.......................... 43,832 46 U.S.C. 14702............................... Measurement; False Statements................... 43,832 46 U.S.C. 31309............................... Commercial Instruments and Maritime Liens....... 20,111 46 U.S.C. 31330(a)(2)......................... Commercial Instruments and Maritime Liens; 20,111 Mortgagor. 46 U.S.C. 31330(b)(2)......................... Commercial Instruments and Maritime Liens; 50,276 Violation of 31329. 46 U.S.C. 70119(a)............................ Port Security................................... 33,333 46 U.S.C. 70119(b)............................ Port Security--Continuing Violations............ 59,893 46 U.S.C. 70506............................... Maritime Drug Law Enforcement; Penalties........ 5,526 49 U.S.C. 5123(a)(1).......................... Hazardous Materials: Related to Vessels--Maximum 78,376 Penalty. 49 U.S.C. 5123(a)(2).......................... Hazardous Materials: Related to Vessels--Penalty 182,877 from Fatalities, Serious Injuries/Illness or Substantial Damage to Property. 49 U.S.C. 5123(a)(3).......................... Hazardous Materials: Related to Vessels-- 471 Training. ---------------------------------------------------------------------------------------------------------------- \1\ Enacted under the Tariff Act of 1930, exempt from inflation adjustments. Title 49--Transportation PART 1503--INVESTIGATIVE AND ENFORCEMENT PROCEDURES 0 12. The authority citation for part 1503 continues to read as follows: Authority: 6 U.S.C. 1142; 18 U.S.C. 6002; 28 U.S.C. 2461 (note); 49 U.S.C. 114, 20109, 31105, 40113-40114, 40119, 44901- 44907, 46101-46107, 46109-46110, 46301, 46305, 46311, 46313-46314; Public Law 104-134, as amended by Public Law 114-74. 0 13. Revise Sec. 1503.401 to read as follows: Sec. 1503.401 Maximum penalty amounts. (a) General. TSA may assess civil penalties not exceeding the following amounts against a person for the violation of a TSA requirement. (b) In general. Except as provided in paragraph (c) of this section, in the case of violation of title 49 U.S.C. or 46 U.S.C. chapter 701, or a regulation prescribed or order issued under any of those provisions, TSA may impose a civil penalty in the following amounts: (1) For violations that occurred on or before November 2, 2015, $10,000 per violation, up to a total of $50,000 per civil penalty action, in the case of an individual or small business concern, as defined in section 3 of the Small Business Act (15 U.S.C. 632). For [[Page 8584]] violations that occurred after November 2, 2015 $11,182 per violation, up to a total of $55,910 per civil penalty action, in the case of an individual or small business concern; and (2) For violations that occurred on or before November 2, 2015, $10,000 per violation, up to a total of $400,000 per civil penalty action, in the case of any other person. For violations that occurred after November 2, 2015, $11,182 per violation, up to a total of $447,280 per civil penalty action, in the case of any other person. (c) Certain aviation related violations. In the case of a violation of 49 U.S.C. chapter 449 (except sections 44902, 44903(d), 44907(a)- (d)(1)(A), 44907(d)(1)(C)-(f), 44908, and 44909), or 49 U.S.C. 46302 or 46303, or a regulation prescribed or order issued under any of those provisions, TSA may impose a civil penalty in the following amounts: (1) For violations that occurred on or before November 2, 2015, $10,000 per violation, up to a total of $50,000 per civil penalty action, in the case of an individual or small business concern, as defined in section 3 of the Small Business Act (15 U.S.C. 632). For violations that occurred after November 2, 2015, $13,066 per violation, up to a total of 65,333 per civil penalty action, in the case of an individual (except an airman serving as an airman), or a small business concern. (2) For violations that occurred on or before November 2, 2015, $10,000 per violation, up to a total of $400,000 per civil penalty action, in the case of any other person (except an airman serving as an airman) not operating an aircraft for the transportation of passengers or property for compensation. For violations that occurred after November 2, 2015, $13,066 per violation, up to a total of $522,657 per civil penalty action, in the case of any other person (except an airman serving as an airman) not operating an aircraft for the transportation of passengers or property for compensation. (3) For violations that occurred on or before November 2, 2015, $25,000 per violation, up to a total of $400,000 per civil penalty action, in the case of a person operating an aircraft for the transportation of passengers or property for compensation (except an individual serving as an airman). For violations that occurred after November 2, 2015, $32,666 per violation, up to a total of $522,657 per civil penalty action, in the case of a person (except an individual serving as an airman) operating an aircraft for the transportation of passengers or property for compensation. Jeh Charles Johnson, Secretary. [FR Doc. 2017-00605 Filed 1-26-17; 8:45 am] BILLING CODE 9110-09-P; 9111-14-P; 9111-28-Pl 9110-04-P; 9110-05-P
![8571
Rules and Regulations Federal Register
Vol. 82, No. 17
Friday, January 27, 2017
This section of the FEDERAL REGISTER January 27, 2017 whose associated publish their IFRs in the Federal
contains regulatory documents having general violations occurred after November 2, Register no later than July 1, 2016 and
applicability and legal effect, most of which 2015. DHS also announces that it will that the adjusted amounts were to take
are keyed to and codified in the Code of make its required annual adjustment of effect no later than August 1, 2016.
Federal Regulations, which is published under civil monetary penalties in future years
50 titles pursuant to 44 U.S.C. 1510. For the subsequent annual
by publication of a Final Rule adjustments, the 2015 Act requires
The Code of Federal Regulations is sold by notwithstanding the notice and agencies to increase the penalty
the Superintendent of Documents. Prices of comment provisions of the amounts by a cost-of-living adjustment.
new books are listed in the first FEDERAL Administrative Procedure Act. The 2015 Act directs OMB to provide
REGISTER issue of each week. DATES: This rule is effective on January guidance to agencies each year to assist
27, 2017. agencies in making the annual
FOR FURTHER INFORMATION CONTACT: adjustments. The 2015 Act requires
DEPARTMENT OF HOMELAND Megan Westmoreland, Attorney- agencies to make the annual
SECURITY Advisor, Office of the General Counsel, adjustments no later than January 15 of
6 CFR Part 27 U.S. Department of Homeland Security. each year and to publish the
Phone: 202–447–4384. adjustments in the Federal Register.
8 CFR Parts 270, 274a, and 280 SUPPLEMENTARY INFORMATION: Pursuant to the 2015 Act, DHS
Table of Contents undertook a review of the civil penalties
Coast Guard that DHS and its components
I. Statutory and Regulatory Background administer.2 On July 1, 2016, DHS
II. Overview of Final Rule
33 CFR Part 27 III. Adjustments by Component
published an IFR adjusting the civil
A. National Protection and Programs monetary penalties with an initial
Transportation Security Administration Directorate ‘‘catch-up’’ adjustment, as required by
B. U.S. Customs and Border Protection the 2015 Act. See 81 FR 42987. DHS
49 CFR Part 1503 C. U.S. Immigration and Customs calculated the adjusted penalties based
Enforcement upon nondiscretionary provisions in the
[Docket No. DHS–2016–0034] D. U.S. Coast Guard 2015 Act and upon guidance that OMB
RIN 1601–AA80 E. Transportation Security Administration issued to agencies on February 25,
IV. Discussion of Public Comments 2016.3 The adjusted penalties were
Civil Monetary Penalty Adjustments for V. Administrative Procedure Act
VI. Regulatory Analyses
effective for civil penalties assessed
Inflation after August 1, 2016 (the effective date
A. Executive Orders 12866 and 13563
B. Regulatory Flexibility Act of the IFR) whose associated violations
AGENCY: Department of Homeland
C. Unfunded Mandates Reform Act occurred after November 2, 2015 (the
Security.
D. Paperwork Reduction Act date of enactment of the 2015 Act). DHS
ACTION: Final rule. published a correction to the IFR on
I. Statutory and Regulatory Background
SUMMARY: This Final Rule finalizes the August 23, 2016 to correct one
On November 2, 2015, the President amendatory instruction. See 81 FR
Department of Homeland Security’s
signed into law the Federal Civil 57442.
(DHS) Interim Final Rule that adjusted
Penalties Inflation Adjustment Act
DHS civil monetary penalties for II. Overview of the Final Rule
Improvements Act of 2015 (Pub. L. 114–
inflation. The Federal Civil Penalties
74 section 701 (Nov. 2, 2105)) (2015 This rule adopts, as final, the civil
Inflation Adjustment Act Improvements
Act).1 The 2015 Act amended the monetary penalty adjustment
Act of 2015 (2015 Act) was signed into
Federal Civil Penalties Inflation methodology that DHS announced in
law on November 2, 2015. Using the
Adjustment Act of 1990 (28 U.S.C. 2461 the IFR. This Final Rule also makes the
formula in the 2015 Act and guidance
note) to improve the effectiveness of 2017 annual inflation adjustment
from the Office of Management and
civil monetary penalties and to maintain pursuant to the 2015 Act and pursuant
Budget (OMB), DHS calculated adjusted
their deterrent effect. The 2015 Act to guidance OMB issued to agencies on
penalties. On July 1, 2016, DHS
required agencies to: (1) Adjust the level
published an Interim Final Rule setting
of civil monetary penalties with an
forth the adjusted civil penalty amounts, 2 The 2015 Act applies to all agency civil
initial ‘‘catch-up’’ adjustment through penalties except for any penalty (including any
effective for civil penalties assessed
issuance of an Interim Final Rule (IFR) addition to tax and additional amount) under the
after August 1, 2016 whose associated Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.)
and (2) make subsequent annual
violations occurred after November 2, and the Tariff Act of 1930 (19 U.S.C. 1202 et seq.).
adjustments for inflation. Through the
2015. See sec. 4(a)(1) of the 2015 Act. In the case of DHS,
‘‘catch-up’’ adjustment, agencies were several civil penalties that are collected by U.S.
Pursuant to the 2015 Act, all agencies
required to adjust the maximum
jstallworth on DSK7TPTVN1PROD with RULES
Customs and Border Protection (CBP) and the U.S.
must adjust civil monetary penalties Coast Guard fall under the Tariff Act of 1930, and
amounts of civil monetary penalties to
annually and publish the adjustment in thus DHS did not adjust those civil penalties in this
more accurately reflect inflation rates.
the Federal Register. Accordingly, this rulemaking.
The 2015 Act required that agencies 3 OMB, Implementation of the Federal Civil
Final Rule adjusts DHS’s civil monetary
Penalties Inflation Adjustment Act Improvements
penalties pursuant to the 2015 Act and 1 The 2015 Act was enacted as part of the Act of 2015, Table A, 24 February 2016. https://
OMB guidance. The new penalties will Bipartisan Budget Act of 2015, Public Law 114–74 www.whitehouse.gov/sites/default/files/omb/
be effective for penalties assessed after (Nov. 2, 2015). memoranda/2016/m-16-06.pdf.
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![8584 Federal Register / Vol. 82, No. 17 / Friday, January 27, 2017 / Rules and Regulations
violations that occurred after November passengers or property for the Federal Civil Penalties Inflation
2, 2015 $11,182 per violation, up to a compensation. Adjustment Act Improvements Act of
total of $55,910 per civil penalty action, 2015 (the 2015 Adjustment Act).2 The
Jeh Charles Johnson,
in the case of an individual or small 1990 Adjustment Act had required the
Secretary.
business concern; and OCC and other Federal agencies with
[FR Doc. 2017–00605 Filed 1–26–17; 8:45 am] CMP authority to publish by regulation
(2) For violations that occurred on or
before November 2, 2015, $10,000 per
BILLING CODE 9110–09–P; 9111–14–P; 9111–28–Pl the inflation-adjusted maximum amount
9110–04–P; 9110–05–P
violation, up to a total of $400,000 per for each CMP authorized by a law that
civil penalty action, in the case of any the agency has jurisdiction to
other person. For violations that administer. Key features of the 1990
DEPARTMENT OF THE TREASURY Adjustment Act included requiring such
occurred after November 2, 2015,
$11,182 per violation, up to a total of Office of the Comptroller of the agencies to make inflation adjustments
$447,280 per civil penalty action, in the Currency at least once every four years following
case of any other person. any initial adjustment, capping the
12 CFR Parts 19 and 109 initial inflation adjustment increase at
(c) Certain aviation related violations.
10 percent, and imposing rounding
In the case of a violation of 49 U.S.C. [Docket ID OCC–2017–0002] rules that limited increases based on the
chapter 449 (except sections 44902,
RIN 1557–AE14 amount of the penalty.
44903(d), 44907(a)–(d)(1)(A),
44907(d)(1)(C)–(f), 44908, and 44909), or The purpose of the 2015 Adjustment
Rules of Practice and Procedure; Act was to establish a mechanism to
49 U.S.C. 46302 or 46303, or a
Rules of Practice and Procedure in regularly adjust CMPs for inflation;
regulation prescribed or order issued
Adjudicatory Proceedings; Civil Money maintain the deterrent effect of CMPs
under any of those provisions, TSA may
Penalty Inflation Adjustments and promote compliance with the law;
impose a civil penalty in the following
amounts: AGENCY: Office of the Comptroller of the and improve the collection of CMPs by
Currency, Treasury. the Federal government.3 The 2015
(1) For violations that occurred on or Adjustment Act revised the process by
before November 2, 2015, $10,000 per ACTION: Final rule.
which each Federal agency must adjust
violation, up to a total of $50,000 per its CMPs for inflation. Under the 2015
civil penalty action, in the case of an SUMMARY: The Office of the Comptroller
of the Currency (OCC) is amending its Adjustment Act, agencies were required
individual or small business concern, as to adjust the amount of their CMPs 4 for
defined in section 3 of the Small rules of practice and procedure for
national banks and its rules of practice inflation with an initial catch-up
Business Act (15 U.S.C. 632). For adjustment through an interim final rule
violations that occurred after November and procedure in adjudicatory
proceedings for Federal savings published by July 1, 2016, and to make
2, 2015, $13,066 per violation, up to a subsequent adjustments for inflation by
total of 65,333 per civil penalty action, associations to adjust the maximum
amount of each civil money penalty January 15 of each year, beginning in
in the case of an individual (except an 2017. In addition, the 2015 Adjustment
airman serving as an airman), or a small within its jurisdiction to administer to
account for inflation. These actions Act simplified the process for
business concern. calculating the inflation increase and
implement the Federal Civil Penalties
(2) For violations that occurred on or Inflation Adjustment Act of 1990, as eliminated the complex rounding rules
before November 2, 2015, $10,000 per amended by the Federal Civil Penalties in the 1990 Adjustment Act.
violation, up to a total of $400,000 per Inflation Adjustment Act Improvements The 2015 Adjustment Act also
civil penalty action, in the case of any Act of 2015. required the Office of Management and
other person (except an airman serving DATES: This rule is effective on January Budget (OMB) to issue initial guidance
as an airman) not operating an aircraft 27, 2017 and is applicable to penalties to Federal agencies no later February 29,
for the transportation of passengers or assessed after January 15, 2017. 2016, and subsequent guidance not later
property for compensation. For than December 15 of each year,
FOR FURTHER INFORMATION CONTACT: Jean
violations that occurred after November beginning on December 15, 2016, on
2, 2015, $13,066 per violation, up to a Campbell, Counsel, Legislative and
Regulatory Activities Division, (202) implementing the required inflation
total of $522,657 per civil penalty adjustments.
action, in the case of any other person 649–5490, or, for persons who are deaf
or hard of hearing, TTY, (202) 649– In accordance with the 2015
(except an airman serving as an airman) Adjustment Act and OMB’s initial
not operating an aircraft for the 5597, or Alexander Abramovich,
Attorney, Enforcement and Compliance guidance, issued on February 29, 2016,5
transportation of passengers or property
for compensation. Division, (202) 649–6200, Office of the
2 Public Law 114–74, Title VII, section 701(b),
Comptroller of the Currency, 400 7th
(3) For violations that occurred on or Street SW., Washington, DC 20219. Nov. 2, 2015, 129 Stat. 599, codified at 28 U.S.C.
before November 2, 2015, $25,000 per 2461 note.
SUPPLEMENTARY INFORMATION: 3 28 U.S.C. 2461 note, section 2(b).
violation, up to a total of $400,000 per 4 The 2015 Adjustment Act defined a ‘‘civil
civil penalty action, in the case of a I. Background monetary penalty’’ to mean ‘‘any penalty, fine, or
person operating an aircraft for the The final rule changes the maximum other sanction that is for a specific monetary
transportation of passengers or property amount for each civil money penalty amount as provided by Federal law; or has a
for compensation (except an individual maximum amount provided for by Federal law; and
(CMP) within the OCC’s jurisdiction to
jstallworth on DSK7TPTVN1PROD with RULES
is assessed or enforced by an agency pursuant to
serving as an airman). For violations administer to account for inflation Federal law; and is assessed or enforced pursuant
that occurred after November 2, 2015, pursuant to the Federal Civil Penalties to an administrative proceeding or a civil action in
$32,666 per violation, up to a total of Inflation Adjustment Act of 1990 (the the Federal courts.’’ 28 U.S.C. 2461 note, section
$522,657 per civil penalty action, in the 3(2). Thus, a penalty based on another measure,
1990 Adjustment Act),1 as amended by such as a percentage of total assets, need not be
case of a person (except an individual adjusted.
serving as an airman) operating an 1 Public Law 101–410, Oct. 5, 1990, 104 Stat. 890, 5 Office of Management and Budget
aircraft for the transportation of codified at 28 U.S.C. 2461 note. Memorandum, M–16–06 (February 24, 2016),
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Document Created: 2017-01-27 00:11:25
Document Modified: 2017-01-27 00:11:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on January 27, 2017. | |
| Contact | Megan Westmoreland, Attorney-Advisor, Office of the General Counsel, U.S. Department of Homeland Security. Phone: 202-447-4384. | |
| FR Citation | 82 FR 8571 | |
| RIN Number | 1601-AA80 | |
| CFR Citation | 33
CFR
27 49 CFR 1503 6 CFR 27 8 CFR 270 8 CFR 274 | |
| CFR Associated | Investigations; Law Enforcement; Reporting and Recordkeeping Requirements; Security Measures; Administrative Practice and Procedure; Aliens; Employment; Fraud and Penalties |
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