83 FR 13826 - Civil Monetary Penalty Adjustments for Inflation
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
Transportation Security Administration Federal Register Volume 83, Issue 63 (April 2, 2018)
Coast Guard
Transportation Security Administration
Federal Register Volume 83, Issue 63 (April 2, 2018)
| Page Range | 13826-13839 | |
| FR Document | 2018-06486 |
[Federal Register Volume 83, Number 63 (Monday, April 2, 2018)] [Rules and Regulations] [Pages 13826-13839] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06486] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY 6 CFR Part 27 8 CFR Parts 270, 274a, and 280 19 CFR Part 4 Coast Guard 33 CFR Part 27 Transportation Security Administration 49 CFR Part 1503 RIN 1601-AA80 Civil Monetary Penalty Adjustments for Inflation AGENCY: Department of Homeland Security. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this final rule, the Department of Homeland Security's (DHS) is making the 2018 annual inflation adjustment to its civil monetary penalties. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) was signed into law on 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 for 2018 pursuant to the 2015 Act and OMB guidance. The new penalties will be effective for penalties assessed after April 2, 2018 whose associated violations occurred after November 2, 2015. DATES: This rule is effective on April 2, 2018. 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. Administrative Procedure Act V. 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. --------------------------------------------------------------------------- \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 maximum 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 24, 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). On January 27, 2017, DHS published a final rule finalizing the IFR and making the annual adjustment for 2017. See 82 FR 8572. --------------------------------------------------------------------------- \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 assessed 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/whitehouse.gov/files/omb/memoranda/2016/m-16-06.pdf (last accessed Dec. 5, 2017). --------------------------------------------------------------------------- II. Overview of the Final Rule This final rule makes the 2018 annual inflation adjustments to civil monetary penalties pursuant to the 2015 Act and pursuant to guidance OMB issued to agencies on December 15, 2017.\4\ The penalty amounts in this final rule will be effective for penalties assessed after April 2, 2018 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 2018 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 15, 2017. https://www.whitehouse.gov/wp-content/uploads/2017/11/M-18-03.pdf (last accessed Dec. 15, 2017). --------------------------------------------------------------------------- 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 2018. 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 2017 final rule, (4) the cost-of- living adjustment multiplier for 2018 that OMB provided in its December 15, 2017 guidance, and (5) the new 2018 adjusted penalty. The 2015 Act instructs agencies to round penalties to the nearest $1. 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. [[Page 13827]] 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). Below is a table showing the 2018 adjustment for the CFATS penalty that NPPD administers. --------------------------------------------------------------------------- \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 adjusted by Penalty name Citation in the 2017 FR Multiplier * this final rule ---------------------------------------------------------------------------------------------------------------- Penalty for non-compliance with 6 U.S.C. $33,333 per day............ 1.02041 $34,013 CFATS regulations. 624(b)(1); 6 CFR 27.300(b)(3). ---------------------------------------------------------------------------------------------------------------- * OMB, Implementation of the 2018 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 15, 2017. https://obamawhitehouse.archives.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 under various titles of the United States Code and the CFR. These include 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. The 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. On December 8, 2017, CBP adjusted three non-INA penalties inadvertently left out of the IFR and 2017 final rule. See 82 FR 57821. The three penalties concern the following violations: Transporting passengers between coastwise points in the United States by a non- coastwise qualified vessel; towing a vessel between coastwise points in the United States by a non-coastwise qualified vessel; and dealing in or using an empty stamped imported liquor container after it has already been used once. This final rule incorporates those three penalties alongside the other CBP penalties and adjusts them according to the 2018 multiplier. Below is a table showing the 2018 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 2017 FR final rule ---------------------------------------------------------------------------------------------------------------- Penalties for non-compliance 8 U.S.C. 1221(g) 8 CFR $1,333............ 1.02041 $1,360. with arrival and departure 280.53(b)(1) (INA manifest requirements for section 231(g)). passengers, crewmembers, or occupants transported on commercial vessels or aircraft arriving to or departing from the United States. Penalties for non-compliance 8 U.S.C. 1224 8 CFR $3,621............ 1.02041 $3,695. with landing requirements at 280.53(b)(2) (INA designated ports of entry for section 234). aircraft transporting aliens. Penalties for failure to depart 8 U.S.C. 1229c(d) 8 CFR $1,527-$7,635..... 1.02041 $1,558-$7,791. voluntarily. 280.53(b)(3) (INA section 240B(d)). Penalties for violations of 8 U.S.C. 1253(c)(1)(A) $3,054............ 1.02041 $3,116. removal orders relating to 8 CFR 280.53(b)(4) aliens transported on vessels (INA section or aircraft under section 243(c)(1)(A)). 241(d) of the INA, or for costs associated with removal under section 241(e) of the INA. Penalties for failure to remove 8 U.S.C. 1253(c)(1)(B) $7,635............ 1.02041 $7,791. alien stowaways under section 8 CFR 280.53(b)(5) 241(d)(2) of the INA. (INA section 243(c)(1)(B)). [[Page 13828]] Penalties for failure to report 8 U.S.C. 1281(d) 8 CFR $362 for each 1.02041 $369 for each an illegal landing or 280.53(b)(6) (INA alien. alien. desertion of alien crewmen, section 251(d)). and for each alien not reported on arrival or 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 CFR $9,054............ 1.02041 $9,239. crewmen for longshore work in 280.53(b)(6) (INA violation of section 251(d) of section 251(d)). the INA. Penalties for failure to 8 U.S.C. 1284(a) 8 CFR $906-$5,432....... 1.02041 $924-$5,543. control, detain, or remove 280.53(b)(7) (INA alien crewmen. section 254(a)). Penalties for employment on 8 U.S.C. 1285 8 CFR $1,811............ 1.02041 $1,848. passenger vessels of aliens 280.53(b)(8) (INA afflicted with certain section 255). disabilities. Penalties for discharge of 8 U.S.C. 1286 8 CFR $2,716-$5,432..... 1.02041 $2,771-$5,543. alien crewmen. 280.53(b)(9) (INA section 256). Penalties for bringing into the 8 U.S.C. 1287 8 CFR $18,107........... 1.02041 $18,477. United States alien crewmen 280.53(b)(10) (INA with intent to evade section 257). immigration laws. Penalties for failure to 8 U.S.C. 1321(a) 8 CFR $5,432............ 1.02041 $5,543. prevent the unauthorized 280.53(b)(11) (INA landing of aliens. section 271(a)). Penalties for bringing to the 8 U.S.C. 1322(a) 8 CFR $5,432............ 1.02041 $5,543. United States aliens subject 280.53(b)(12) (INA to denial of admission on a section 272(a)). health-related ground. Penalties for bringing to the 8 U.S.C. 1323(b) 8 CFR $5,432............ 1.02041 $5,543. United States aliens without 280.53(b)(13) (INA required documentation. section 273(b)). Penalties for failure to depart 8 U.S.C. 1324d 8 CFR $763.............. 1.02041 $779. 280.53(b)(14) (INA section 274D). Penalties for improper entry... 8 U.S.C. 1325(b) 8 CFR $76-$382.......... 1.02041 $78-$390. 280.53(b)(15) (INA section 275(b)). Penalty for dealing in or using 19 U.S.C. 469.......... $508 **........... 1.02041 $518. empty stamped imported liquor containers. Penalty for transporting 46 U.S.C. 55103(b) 19 $762 **........... 1.02041 $778. passengers between coastwise CFR 4.80(b)(2). points in the United States by a non-coastwise qualified vessel. Penalty for towing a vessel 46 U.S.C. 55111(c) 19 $889-$2795, plus 1.02041 $907-$2852, plus between coastwise points in CFR 4.92. $152 per ton **. $155 per ton. the United States by a non- coastwise qualified vessel. ---------------------------------------------------------------------------------------------------------------- * OMB, Implementation of the 2018 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 15, 2017. https://www.whitehouse.gov/wp-content/uploads/2017/11/M-18-03.pdf. ** Adjustments made in Dec 8, 2017 final rule, 82 FR 57821. 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) and the employment of unauthorized aliens. Because both DHS and DOJ implement the three employment-related penalty sections in the INA, both Departments' implementing regulations reflect the civil penalty amounts. 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 2018 adjustment for the penalties that ICE administers.\6\ --------------------------------------------------------------------------- \6\ Table 3 also includes two civil penalties that were previously listed as penalties administered by CBP, but that are now indicated in this final rule as penalties that ICE administers. These are penalties for failure to depart voluntarily, INA section 240B(d), and failure to depart after a final order of removal, INA section 274D. Both CBP and ICE may administer these penalties, but as ICE is the DHS component primarily responsible for assessing and collecting them, they are now also listed among the penalties ICE administers. [[Page 13829]] Table 3--U.S. Immigration and Customs Enforcement Civil Penalties Adjustments ---------------------------------------------------------------------------------------------------------------- Penalty amount as New penalty as Penalty name Citation adjusted in the Multiplier * adjusted by this 2017 FR final rule ---------------------------------------------------------------------------------------------------------------- Civil penalties for failure to 8 U.S.C. 1229c(d) 8 CFR $1,527-$7,635 1.02041 $1,558-$7,791 depart voluntarily, Immigration 280.53(b)(3). and Naturalization Act section 240B(d). Civil penalties for violation of 8 CFR 270.3(b)(1)(ii)(A) $452-$3,621 1.02041 $461-$3,695 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) $382-$3,054 1.02041 $390-$3,116 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) $3,621-$9,054 1.02041 $3,695-$9,239 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) $3,054-$7,635 1.02041 $3,116-$7,791 Immigration and Naturalization Act (INA) sections 274C(a)(5)- (a)(6), penalty for subsequent offenses. Violation/prohibition of 8 CFR 274a.8(b)......... $2,191 1.02041 $2,236 indemnity bonds. Civil penalties for knowingly 8 CFR $548-$4,384 1.02041 $559-$4,473 hiring, recruiting, referral, 274a.10(b)(1)(ii)(A). or retention of unauthorized aliens--Penalty for first offense (per unauthorized alien). Penalty for second offense (per 8 CFR $4,384-$10,957 1.02041 $4,473-$11,181 unauthorized alien). 274a.10(b)(1)(ii)(B). Penalty for third or subsequent 8 CFR $6,575-$21,916 1.02041 $6,709-$22,363 offense (per unauthorized 274a.10(b)(1)(ii)(C). alien). Civil penalties for I-9 8 CFR 274a.10(b)(2)..... $220-$2,191 1.02041 $224-$2,236 paperwork violations. Civil penalties for failure to 8 U.S.C. 1324d 8 CFR $763 1.02041 $779 depart, Immigration and 280.53(b)(14). Naturalization Act (INA) section 274D. ---------------------------------------------------------------------------------------------------------------- * OMB, Implementation of the 2018 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 15, 2017. https://www.whitehouse.gov/wp-content/uploads/2017/11/M-18-03.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 2018 adjustment for the penalties that the Coast Guard administers. Table 4--U.S. Coast Guard Civil Penalties Adjustments ---------------------------------------------------------------------------------------------------------------- New penalty as Penalty amount adjusted by Penalty name Citation as adjusted in Multiplier * this final the 2017 FR rule ---------------------------------------------------------------------------------------------------------------- Saving Life and Property........... 14 U.S.C. 88(c)............ $10,181 1.02041 $10,389 Saving Life and Property; 14 U.S.C. 88(e)............ 1,045 1.02041 1,066 Intentional Interference with Broadcast. Confidentiality of Medical Quality 14 U.S.C. 645(i); 33 CFR 5,114 1.02041 5,218 Assurance Records (first offense). 27.3. [[Page 13830]] Confidentiality of Medical Quality 14 U.S.C. 645(i); 33 CFR 34,095 1.02041 34,791 Assurance Records (subsequent 27.3. offenses). Aquatic Nuisance Species in Waters 16 U.S.C. 4711(g)(1); 33 38,175 1.02041 38,954 of the United States. CFR 27.3. Obstruction of Revenue Officers by 19 U.S.C. 70; 33 CFR 27.3.. 7,623 1.02041 7,779 Masters of Vessels. Obstruction of Revenue Officers by 19 U.S.C. 70; 33 CFR 27.3.. 1,779 1.02041 1,815 Masters of Vessels--Minimum Penalty. Failure to Stop Vessel When 19 U.S.C. 1581(d).......... ** 5,000 N/A ** 5,000 Directed; Master, Owner, Operator or Person in Charge. Failure to Stop Vessel When 19 U.S.C. 1581(d).......... ** 1,000 N/A ** 1,000 Directed; Master, Owner, Operator or Person in Charge--Minimum Penalty. Anchorage Ground/Harbor Regulations 33 U.S.C. 471; 33 CFR 27.3. 11,053 1.02041 11,279 General. Anchorage Ground/Harbor Regulations 33 U.S.C. 474; 33 CFR 27.3. 762 1.02041 778 St. Mary's river. Bridges/Failure to Comply with 33 U.S.C. 495(b); 33 CFR 27,904 1.02041 28,474 Regulations. 27.3. Bridges/Drawbridges................ 33 U.S.C. 499(c); 33 CFR 27,904 1.02041 28,474 27.3. Bridges/Failure to Alter Bridge 33 U.S.C. 502(c); 33 CFR 27,904 1.02041 28,474 Obstructing Navigation. 27.3. Bridges/Maintenance and Operation.. 33 U.S.C. 533(b); 33 CFR 27,904 1.02041 28,474 27.3. Bridge to Bridge Communication; 33 U.S.C. 1208(a); 33 CFR 2,033 1.02041 2,074 Master, Person in Charge or Pilot. 27.3. Bridge to Bridge Communication; 33 U.S.C. 1208(b); 33 CFR 2,033 1.02041 2,074 Vessel. 27.3. PWSA Regulations................... 33 U.S.C. 1232(a); 33 CFR 90,063 1.02041 91,901 27.3. Vessel Navigation: Regattas or 33 U.S.C. 1236(b); 33 CFR 9,054 1.02041 9,239 Marine Parades; Unlicensed Person 27.3. in Charge. Vessel Navigation: Regattas or 33 U.S.C. 1236(c); 33 CFR 9,054 1.02041 9,239 Marine Parades; Owner Onboard 27.3. Vessel. Vessel Navigation: Regattas or 33 U.S.C. 1236(d); 33 CFR 4,527 1.02041 4,619 Marine Parades; Other Persons. 27.3. Oil/Hazardous Substances: 33 U.S.C. 1321(b)(6)(B)(i); 18,107 1.02041 18,477 Discharges (Class I per violation). 33 CFR 27.3. Oil/Hazardous Substances: 33 U.S.C. 1321(b)(6)(B)(i); 45,268 1.02041 46,192 Discharges (Class I total under 33 CFR 27.3. paragraph). Oil/Hazardous Substances: 33 U.S.C. 18,107 1.02041 18,477 Discharges (Class II per day of 1321(b)(6)(B)(ii); 33 CFR violation). 27.3. Oil/Hazardous Substances: 33 U.S.C. 226,338 1.02041 230,958 Discharges (Class II total under 1321(b)(6)(B)(ii); 33 CFR paragraph). 27.3. Oil/Hazardous Substances: 33 U.S.C. 1321(b)(7)(A); 33 45,268 1.02041 46,192 Discharges (per day of violation) CFR 27.3. Judicial Assessment. Oil/Hazardous Substances: 33 U.S.C. 1321(b)(7)(A); 33 1,811 1.02041 1,848 Discharges (per barrel of oil or CFR 27.3. unit discharged) Judicial Assessment. Oil/Hazardous Substances: Failure 33 U.S.C. 1321(b)(7)(B); 33 45,268 1.02041 46,192 to Carry Out Removal/Comply With CFR 27.3. Order (Judicial Assessment). Oil/Hazardous Substances: Failure 33 U.S.C. 1321(b)(7)(C); 33 45,268 1.02041 46,192 to Comply with Regulation Issued CFR 27.3. Under 1321(j) (Judicial Assessment). Oil/Hazardous Substances: 33 U.S.C. 1321(b)(7)(D); 33 5,432 1.02041 5,543 Discharges, Gross Negligence (per CFR 27.3. barrel of oil or unit discharged) Judicial Assessment. Oil/Hazardous Substances: 33 U.S.C. 1321(b)(7)(D); 33 181,071 1.02041 184,767 Discharges, Gross Negligence-- CFR 27.3. Minimum Penalty (Judicial Assessment). Marine Sanitation Devices; 33 U.S.C. 1322(j); 33 CFR 7,623 1.02041 7,779 Operating. 27.3. Marine Sanitation Devices; Sale or 33 U.S.C. 1322(j); 33 CFR 20,327 1.02041 20,742 Manufacture. 27.3. International Navigation Rules; 33 U.S.C. 1608(a); 33 CFR 14,252 1.02041 14,543 Operator. 27.3. International Navigation Rules; 33 U.S.C. 1608(b); 33 CFR 14,252 1.02041 14,543 Vessel. 27.3. Pollution from Ships; General...... 33 U.S.C. 1908(b)(1); 33 71,264 1.02041 72,718 CFR 27.3. Pollution from Ships; False 33 U.S.C. 1908(b)(1); 33 14,252 1.02041 14,543 Statement. CFR 27.3. Inland Navigation Rules; Operator.. 33 U.S.C. 2072(a); 33 CFR 14,252 1.02041 14,543 27.3. Inland Navigation Rules; Vessel.... 33 U.S.C. 2072(b); 33 CFR 14,252 1.02041 14,543 27.3. Shore Protection; General.......... 33 U.S.C. 2609(a); 33 CFR 50,276 1.02041 51,302 27.3. Shore Protection; Operating Without 33 U.S.C. 2609(b); 33 CFR 20,111 1.02041 20,521 Permit. 27.3. Oil Pollution Liability and 33 U.S.C. 2716a(a); 33 CFR 45,268 1.02041 46,192 Compensation. 27.3. [[Page 13831]] Clean Hulls........................ 33 U.S.C. 3852(a)(1)(A); 33 41,446 1.02041 42,292 CFR 27.3. Clean Hulls-related to false 33 U.S.C. 3852(a)(1)(A); 33 55,263 1.02041 56,391 statements. CFR 27.3. Clean Hulls-Recreational Vessel.... 33 U.S.C. 3852(c); 33 CFR 5,526 1.02041 5,639 27.3. Hazardous Substances, Releases, 42 U.S.C. 9609(a); 33 CFR 54,789 1.02041 55,907 Liability, Compensation (Class I). 27.3. Hazardous Substances, Releases, 42 U.S.C. 9609(b); 33 CFR 54,789 1.02041 55,907 Liability, Compensation (Class II). 27.3. Hazardous Substances, Releases, 42 U.S.C. 9609(b); 33 CFR 164,367 1.02041 167,722 Liability, Compensation (Class II 27.3. subsequent offense). Hazardous Substances, Releases, 42 U.S.C. 9609(c); 33 CFR 54,789 1.02041 55,907 Liability, Compensation (Judicial 27.3. Assessment). Hazardous Substances, Releases, 42 U.S.C. 9609(c); 33 CFR 164,367 1.02041 167,722 Liability, Compensation (Judicial 27.3. Assessment subsequent offense). Safe Containers for International 46 U.S.C. App 1505(a)(2) 5,989 1.02041 6,111 Cargo. (codified as 46 U.S.C. 80509); 33 CFR 27.3. Suspension of Passenger Service.... 46 U.S.C. App 1805(c)(2) 59,893 1.02041 61,115 (codified 46 U.S.C. 70305); 33 CFR 27.3. Vessel Inspection or Examination 46 U.S.C. 2110(e); 33 CFR 9,054 1.02041 9,239 Fees. 27.3. Alcohol and Dangerous Drug Testing. 46 U.S.C. 2115; 33 CFR 27.3 7,370 1.02041 7,520 Negligent Operations: Recreational 46 U.S.C. 2302(a); 33 CFR 6,666 1.02041 6,802 Vessels. 27.3. Negligent Operations: Other Vessels 46 U.S.C. 2302(a); 33 CFR 33,333 1.02041 34,013 27.3. Operating a Vessel While Under the 46 U.S.C. 2302(c)(1); 33 7,370 1.02041 7,520 Influence of Alcohol or a CFR 27.3. Dangerous Drug. Vessel Reporting Requirements: 46 U.S.C. 2306(a)(4); 33 11,478 1.02041 11,712 Owner, Charterer, Managing CFR 27.3. Operator, or Agent. Vessel Reporting Requirements: 46 U.S.C. 2306(b)(2); 33 2,296 1.02041 2,343 Master. CFR 27.3. Immersion Suits.................... 46 U.S.C. 3102(c)(1); 33 11,478 1.02041 11,712 CFR 27.3. Inspection Permit.................. 46 U.S.C. 3302(i)(5); 33 2,394 1.02041 2,443 CFR 27.3. Vessel Inspection; General......... 46 U.S.C. 3318(a); 33 CFR 11,478 1.02041 11,712 27.3. Vessel Inspection; Nautical School 46 U.S.C. 3318(g); 33 CFR 11,478 1.02041 11,712 Vessel. 27.3. Vessel Inspection; Failure to Give 46 U.S.C. 3318(h); 33 CFR 2,296 1.02041 2,343 Notice IAW 3304(b). 27.3. Vessel Inspection; Failure to Give 46 U.S.C. 3318(i); 33 CFR 2,296 1.02041 2,343 Notice IAW 3309(c). 27.3. Vessel Inspection; Vessel >=1600 46 U.S.C. 3318(j)(1); 33 22,957 1.02041 23,426 Gross Tons. CFR 27.3. Vessel Inspection; Vessel <1600 46 U.S.C. 3318(j)(1); 33 4,591 1.02041 4,685 Gross Tons. CFR 27.3. Vessel Inspection; Failure to 46 U.S.C. 3318(k); 33 CFR 22,957 1.02041 23,426 Comply with 3311(b). 27.3. Vessel Inspection; Violation of 46 U.S.C. 3318(l); 33 CFR 11,478 1.02041 11,712 3318(b)-3318(f). 27.3. List/count of Passengers........... 46 U.S.C. 3502(e); 33 CFR 239 1.02041 244 27.3. Notification to Passengers......... 46 U.S.C. 3504(c); 33 CFR 23,933 1.02041 24,421 27.3. Notification to Passengers; Sale of 46 U.S.C. 3504(c); 33 CFR 1,196 1.02041 1,220 Tickets. 27.3. Copies of Laws on Passenger 46 U.S.C. 3506; 33 CFR 27.3 479 1.02041 489 Vessels; Master. Liquid Bulk/Dangerous Cargo........ 46 U.S.C. 3718(a)(1); 33 59,834 1.02041 61,055 CFR 27.3. Uninspected Vessels................ 46 U.S.C. 4106; 33 CFR 27.3 10,055 1.02041 10,260 Recreational Vessels (maximum for 46 U.S.C. 4311(b)(1); 33 316,566 1.02041 323,027 related series of violations). CFR 27.3. Recreational Vessels; Violation of 46 U.S.C. 4311(b)(1); 33 6,331 1.02041 6,460 4307(a). CFR 27.3. Recreational vessels............... 46 U.S.C. 4311(c); 33 CFR 2,394 1.02041 2,443 27.3. Uninspected Commercial Fishing 46 U.S.C. 4507; 33 CFR 27.3 10,055 1.02041 10,260 Industry Vessels. Abandonment of Barges.............. 46 U.S.C. 4703; 33 CFR 27.3 1,704 1.02041 1,739 Load Lines......................... 46 U.S.C. 5116(a); 33 CFR 10,957 1.02041 11,181 27.3. Load Lines; Violation of 5112(a)... 46 U.S.C. 5116(b); 33 CFR 21,916 1.02041 22,363 27.3. Load Lines; Violation of 5112(b)... 46 U.S.C. 5116(c); 33 CFR 10,957 1.02041 11,181 27.3. Reporting Marine Casualties........ 46 U.S.C. 6103(a); 33 CFR 38,175 1.02041 38,954 27.3. Reporting Marine Casualties; 46 U.S.C. 6103(b); 33 CFR 10,055 1.02041 10,260 Violation of 6104. 27.3. Manning of Inspected Vessels; 46 U.S.C. 8101(e); 33 CFR 1,811 1.02041 1,848 Failure to Report Deficiency in 27.3. Vessel Complement. Manning of Inspected Vessels....... 46 U.S.C. 8101(f); 33 CFR 18,107 1.02041 18,477 27.3. Manning of Inspected Vessels; 46 U.S.C. 8101(g); 33 CFR 18,107 1.02041 18,477 Employing or Serving in Capacity 27.3. not Licensed by USCG. [[Page 13832]] Manning of Inspected Vessels; 46 U.S.C. 8101(h); 33 CFR 2,394 1.02041 2,443 Freight Vessel <100 GT, Small 27.3. Passenger Vessel, or Sailing School Vessel. Watchmen on Passenger Vessels...... 46 U.S.C. 8102(a).......... 2,394 1.02041 2,443 Citizenship Requirements........... 46 U.S.C. 8103(f).......... 1,196 1.02041 1,220 Watches on Vessels; Violation of 46 U.S.C. 8104(i).......... 18,107 1.02041 18,477 8104(a) or (b). Watches on Vessels; Violation of 46 U.S.C. 8104(j).......... 18,107 1.02041 18,477 8104(c), (d), (e), or (h). Staff Department on Vessels........ 46 U.S.C. 8302(e).......... 239 1.02041 244 Officer's Competency Certificates.. 46 U.S.C. 8304(d).......... 239 1.02041 244 Coastwise Pilotage; Owner, 46 U.S.C. 8502(e).......... 18,107 1.02041 18,477 Charterer, Managing Operator, Agent, Master or Individual in Charge. Coastwise Pilotage; Individual..... 46 U.S.C. 8502(f).......... 18,107 1.02041 18,477 Federal Pilots..................... 46 U.S.C. 8503............. 57,391 1.02041 58,562 Merchant Mariners Documents........ 46 U.S.C. 8701(d).......... 1,196 1.02041 1,220 Crew Requirements.................. 46 U.S.C. 8702(e).......... 18,107 1.02041 18,477 Small Vessel Manning............... 46 U.S.C. 8906............. 38,175 1.02041 38,954 Pilotage: Great Lakes; Owner, 46 U.S.C. 9308(a).......... 18,107 1.02041 18,477 Charterer, Managing Operator, Agent, Master or Individual in Charge. Pilotage: Great Lakes; Individual.. 46 U.S.C. 9308(b).......... 18,107 1.02041 18,477 Pilotage: Great Lakes; Violation of 46 U.S.C. 9308(c).......... 18,107 1.02041 18,477 9303. Failure to Report Sexual Offense... 46 U.S.C. 10104(b)......... 9,623 1.02041 9,819 Pay Advances to Seamen............. 46 U.S.C. 10314(a)(2)...... 1,196 1.02041 1,220 Pay Advances to Seamen; 46 U.S.C. 10314(b)......... 1,196 1.02041 1,220 Remuneration for Employment. Allotment to Seamen................ 46 U.S.C. 10315(c)......... 1,196 1.02041 1,220 Seamen Protection; General......... 46 U.S.C. 10321............ 8,296 1.02041 8,465 Coastwise Voyages: Advances........ 46 U.S.C. 10505(a)(2)...... 8,296 1.02041 8,465 Coastwise Voyages: Advances; 46 U.S.C. 10505(b)......... 8,296 1.02041 8,465 Remuneration for Employment. Coastwise Voyages: Seamen 46 U.S.C. 10508(b)......... 8,296 1.02041 8,465 Protection; General. Effects of Deceased Seamen......... 46 U.S.C. 10711............ 479 1.02041 489 Complaints of Unfitness............ 46 U.S.C. 10902(a)(2)...... 1,196 1.02041 1,220 Proceedings on Examination of 46 U.S.C. 10903(d)......... 239 1.02041 244 Vessel. Permission to Make Complaint....... 46 U.S.C. 10907(b)......... 1,196 1.02041 1,220 Accommodations for Seamen.......... 46 U.S.C. 11101(f)......... 1,196 1.02041 1,220 Medicine Chests on Vessels......... 46 U.S.C. 11102(b)......... 1,196 1.02041 1,220 Destitute Seamen................... 46 U.S.C. 11104(b)......... 239 1.02041 244 Wages on Discharge................. 46 U.S.C. 11105(c)......... 1,196 1.02041 1,220 Log Books; Master Failing to 46 U.S.C. 11303(a)......... 479 1.02041 489 Maintain. Log Books; Master Failing to Make 46 U.S.C. 11303(b)......... 479 1.02041 489 Entry. Log Books; Late Entry.............. 46 U.S.C. 11303(c)......... 359 1.02041 366 Carrying of Sheath Knives.......... 46 U.S.C. 11506............ 120 1.02041 122 Vessel Documentation............... 46 U.S.C. 12151(a)(1)...... 15,675 1.02041 15,995 Documentation of Vessels--Related 46 U.S.C. 12151(a)(2)...... 26,126 1.02041 26,659 to Activities involving mobile offshore drilling units. Vessel Documentation; Fishery 46 U.S.C. 12151(c)......... 119,786 1.02041 122,231 Endorsement. Numbering of Undocumented Vessels-- 46 U.S.C. 12309(a)......... 11,967 1.02041 12,211 Willful violation. Numbering of Undocumented Vessels.. 46 U.S.C. 12309(b)......... 2,394 1.02041 2,443 Vessel Identification System....... 46 U.S.C. 12507(b)......... 20,111 1.02041 20,521 Measurement of Vessels............. 46 U.S.C. 14701............ 43,832 1.02041 44,727 Measurement; False Statements...... 46 U.S.C. 14702............ 43,832 1.02041 44,727 Commercial Instruments and Maritime 46 U.S.C. 31309............ 20,111 1.02041 20,521 Liens. Commercial Instruments and Maritime 46 U.S.C. 31330(a)(2)...... 20,111 1.02041 20,521 Liens; Mortgagor. Commercial Instruments and Maritime 46 U.S.C. 31330(b)(2)...... 50,276 1.02041 51,302 Liens; Violation of 31329. Port Security...................... 46 U.S.C. 70119(a)......... 33,333 1.02041 34,013 Port Security--Continuing 46 U.S.C. 70119(b)......... 59,893 1.02041 61,115 Violations. Maritime Drug Law Enforcement...... 46 U.S.C. 70506(c)......... 5,526 1.02041 5,639 Hazardous Materials: Related to 49 U.S.C. 5123(a)(1)....... 78,376 1.02041 79,976 Vessels. Hazardous Materials: Related to 49 U.S.C. 5123(a)(2)....... 182,877 1.02041 186,610 Vessels--Penalty from Fatalities, Serious Injuries/Illness or substantial Damage to Property. [[Page 13833]] Hazardous Materials: Related to 49 U.S.C. 5123(a)(3)....... 471 1.02041 481 Vessels; Training. ---------------------------------------------------------------------------------------------------------------- * OMB, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 15, 2017. https://www.whitehouse.gov/wp-content/uploads/2017/11/M-18-03.pdf. ** Enacted under the Tariff Act; exempt from inflation adjustments. 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. 46301(a)(1) and (4) and 49 U.S.C. 114(v),\7\ TSA may impose penalties for violations of any statute that TSA administers, whether an implementing regulation or order imposes the penalty. 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),\8\ 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 2018 adjustment for the penalties that TSA administers. --------------------------------------------------------------------------- \7\ 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)). \8\ See, e.g., 46 U.S.C. 70105, 49 U.S.C. 46302 and 46303, and U.S.C. chapter 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 2017 FR final rule ---------------------------------------------------------------------------------------------------------------- Violation of 49 U.S.C. ch. 449 49 U.S.C. $32,666 (up to a 1.02041 $33,333 (up to a (except secs. 44902, 44903(d), 46301(a)(1), (4); total of $522,657 total of $533,324 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. $13,066 (up to a 1.02041 $13,333(up to a (except secs. 44902, 44903(d), 46301(a)(1), (4); total of $65,333 total of $66,666 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, $533,324 44909), or 49 U.S.C. 46302 or $522,657 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); $11,182 (up to a 1.02041 $11,410 (up to a of title 49 U.S.C. or of 46 49 CFR 1503.401(b). total of $55,910 total of $57,051 U.S.C. ch. 701, a regulation total for small total for small prescribed, or order issued businesses, businesses, thereunder. $447,280 for $456,409 for others). others). ---------------------------------------------------------------------------------------------------------------- * OMB, Implementation of the 2018 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 15, 2017. https://www.whitehouse.gov/wp-content/uploads/2017/11/M-18-03.pdf. V. Administrative Procedure Act 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. In these annual adjustments DHS is merely updating the penalty amounts by applying the cost-of-living adjustment multiplier that OMB has provided to agencies. Furthermore, the 2015 Act specifically instructed that agencies make the required annual adjustments notwithstanding section 553 of title 5 of the United States Code. Thus, as specified in the 2015 Act, the prior public notice-and- comment procedures and delayed effective date requirements of the Administrative Procedure Act (APA) do not apply to this rule. VI. Regulatory Analyses A. Executive Orders 12866 and 13563 Executive Orders 12866 and 13563 direct agencies to assess the costs and [[Page 13834]] 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.\9\ 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. --------------------------------------------------------------------------- \9\ OMB, Implementation of the 2018 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 15, 2017. https://www.whitehouse.gov/wp-content/uploads/2017/11/M-18-03.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. 19 CFR Part 4 Customs duties and inspection, Exports, Freight, Harbors, Maritime carriers, Oil pollution, Reporting and recordkeeping requirements, Vessels. 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, DHS is amending 6 CFR part 27, 8 CFR parts 270, 274a, and 280, 19 CFR part 4, 33 CFR part 27, and 49 CFR part 1503 as follows: 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; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 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 $34,013 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; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321 and Pub. L. 114-74, 129 Stat. 599. 0 4. In Sec. 270.3, revise paragraphs (b)(1)(ii)(A) through (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 $461 and not exceeding $3,695 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 $390 and not exceeding $3,116 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 proscribed activity described in section 274C(a)(1) through (a)(4) of the Act before March 27, 2008; not less than [[Page 13835]] $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 $3,695 and not more than $9,239 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 $3,116 and not more than $7,791 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; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 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 $2,236 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) through (C) and (b)(2) introductory text 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 $559 and not more than $4,473 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 $4,473 and not more than $11,181 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 $6,709 and not more than $22,363 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 $224 and not more than $2,236 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: * * * * * 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; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 114-74, 129 Stat. 599. 0 9. In Sec. 280.53, revise paragraphs (b)(1) through (15) to read as follows: Sec. 280.53 Civil monetary penalties inflation adjustment. * * * * * (b) * * * (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 $1,333 to $1,360. (2) Section 234 of the Act, Penalties for non-compliance with landing requirements at designated ports of entry for aircraft transporting aliens: From $3,621 to $3,695. (3) Section 240B(d) of the Act, Penalties for failure to depart voluntarily: From $1,527 minimum/$7,635 maximum to $1,558 minimum/ $7,791 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 $3,054 to $3,116; (5) Penalties for failure to remove alien stowaways under section 241(d)(2): From $7,635 to $7,791. (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 $362 to $369; and penalties for use of alien crewmen for longshore work in violation of section 251(d) of the Act: From $9,054 to $9,239. (7) Section 254(a) of the Act, Penalties for failure to control, detain, or remove alien crewmen: From $906 minimum/$5,432 maximum to $924 minimum/$5,543 maximum. (8) Section 255 of the Act, Penalties for employment on passenger vessels of aliens afflicted with certain disabilities: From $1,811 to $1,848. (9) Section 256 of the Act, Penalties for discharge of alien crewmen: From [[Page 13836]] $2,716 minimum/$5,432 maximum to $2,771 minimum/$5,543 maximum. (10) Section 257 of the Act, Penalties for bringing into the United States alien crewmen with intent to evade immigration laws: From $18,107 maximum to $18,477 maximum. (11) Section 271(a) of the Act, Penalties for failure to prevent the unauthorized landing of aliens: From $5,432 to $5,543. (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 $5,432 to $5,543. (13) Section 273(b) of the Act, Penalties for bringing to the United States aliens without required documentation: From $5,432 to $5,543. (14) Section 274D of the Act, Penalties for failure to depart: From $763 to $779, for each day the alien is in violation. (15) Section 275(b) of the Act, Penalties for improper entry: From $76 minimum/$382 maximum to $78 minimum/$390 maximum, for each entry or attempted entry. Title 19--Customs Duties PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES 0 10. The authority citation for part 4 continues to read in part as follows: Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624, 2071 note; 46 U.S.C. 501, 60105. * * * * * Sections 4.80, 4.80a, and 4.80b also issued under 19 U.S.C. 1706a; 28 U.S.C. 2461 note; 46 U.S.C. 12112, 12117, 12118, 50501- 55106, 55107, 55108, 55110, 55114, 55115, 55116, 55117, 55119, 56101, 55121, 56101, 57109; Pub. L. 108-7, Division B, Title II, Sec. 211; * * * * * Section 4.92 also issued under 28 U.S.C. 2461 note; 46 U.S.C. 55111; * * * * * 0 11. In Sec. 4.80, revise paragraph (b)(2) to read as follows: Sec. 4.80 Vessels entitled to engage in coastwise trade. * * * * * (b) * * * (2) The penalty imposed for the unlawful transportation of passengers between coastwise points is $300 for each passenger so transported and landed on or before November 2, 2015, and $778 for each passenger so transported and landed after November 2, 2015 (46 U.S.C. 55103, as adjusted by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015). * * * * * 0 12. In Sec. 4.92, revise the second and third sentences to read as follows: Sec. 4.92 Towing. * * * The penalties for violation of this provision occurring on or before November 2, 2015, are a fine of from $350 to $1,100 against the owner or master of the towing vessel and a further penalty against the towing vessel of $60 per ton of the towed vessel. The penalties for violation of this provision occurring after November 2, 2015, are a fine of from $907 to $2,852 against the owner or master of the towing vessel and a further penalty against the towing vessel of $155 per ton of the towed vessel (46 U.S.C. 55111, as adjusted by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015). Title 33--Navigation and Navigable Waters PART 27--ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION 0 13. The authority citation for part 27 continues to read as follows: Authority: Secs. 1-6, Pub. L. 101-410, 104 Stat. 890, as amended by Sec. 31001(s)(1), Pub. L. 104-134, 110 Stat. 1321 (28 U.S.C. 2461 note); Department of Homeland Security Delegation No. 0170.1, sec. 2 (106). 0 14. In Sec. 27.3, revise the third sentence of the introductory text and table 1 to read as follows: Sec. 27.3 Penalty adjustment table. * * * The adjusted civil penalty amounts listed in Table 1 are applicable for penalty assessments issued after April 2, 2018, with respect to violations occurring after November 2, 2015. * * * Table 1--Civil Monetary Penalty Inflation Adjustments ---------------------------------------------------------------------------------------------------------------- 2018 adjusted U.S. Code citation Civil monetary penalty description maximum penalty amount ---------------------------------------------------------------------------------------------------------------- 14 U.S.C. 88(c).............................. Saving Life and Property....................... $10,389 14 U.S.C. 88(e).............................. Saving Life and Property; Intentional 1,066 Interference with Broadcast. 14 U.S.C. 645(i)............................. Confidentiality of Medical Quality Assurance 5,218 Records (first offense). 14 U.S.C. 645(i)............................. Confidentiality of Medical Quality Assurance 34,791 Records (subsequent offenses). 16 U.S.C. 4711(g)(1)......................... Aquatic Nuisance Species in Waters of the 38,954 United States. 19 U.S.C. 70................................. Obstruction of Revenue Officers by Masters of 7,779 Vessels. 19 U.S.C. 70................................. Obstruction of Revenue Officers by Masters of 1,815 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.... 11,279 33 U.S.C. 474................................ Anchorage Ground/Harbor Regulations St. Mary's 778 River. 33 U.S.C. 495(b)............................. Bridges/Failure to Comply with Regulations..... 28,474 33 U.S.C. 499(c)............................. Bridges/Drawbridges............................ 28,474 33 U.S.C. 502(c)............................. Bridges/Failure to Alter Bridge Obstructing 28,474 Navigation. 33 U.S.C. 533(b)............................. Bridges/Maintenance and Operation.............. 28,474 33 U.S.C. 1208(a)............................ Bridge to Bridge Communication; Master, Person 2,074 in Charge or Pilot. 33 U.S.C. 1208(b)............................ Bridge to Bridge Communication; Vessel......... 2,074 33 U.S.C. 1232(a)............................ PWSA Regulations............................... 91,901 33 U.S.C. 1236(b)............................ Vessel Navigation: Regattas or Marine Parades; 9,239 Unlicensed Person in Charge. 33 U.S.C. 1236(c)............................ Vessel Navigation: Regattas or Marine Parades; 9,239 Owner Onboard Vessel. 33 U.S.C. 1236(d)............................ Vessel Navigation: Regattas or Marine Parades; 4,619 Other Persons. 33 U.S.C. 1321(b)(6)(B)(i)................... Oil/Hazardous Substances: Discharges (Class I 18,477 per violation). 33 U.S.C. 1321(b)(6)(B)(i)................... Oil/Hazardous Substances: Discharges (Class I 46,192 total under paragraph). 33 U.S.C. 1321(b)(6)(B)(ii).................. Oil/Hazardous Substances: Discharges (Class II 18,477 per day of violation). [[Page 13837]] 33 U.S.C. 1321(b)(6)(B)(ii).................. Oil/Hazardous Substances: Discharges (Class II 230,958 total under paragraph). 33 U.S.C. 1321(b)(7)(A)...................... Oil/Hazardous Substances: Discharges (per day 46,192 of violation) Judicial Assessment. 33 U.S.C. 1321(b)(7)(A)...................... Oil/Hazardous Substances: Discharges (per 1,848 barrel of oil or unit discharged) Judicial Assessment. 33 U.S.C. 1321(b)(7)(B)...................... Oil/Hazardous Substances: Failure to Carry Out 46,192 Removal/Comply With Order (Judicial Assessment). 33 U.S.C. 1321(b)(7)(C)...................... Oil/Hazardous Substances: Failure to Comply 46,192 with Regulation Issued Under 1321(j) (Judicial Assessment). 33 U.S.C. 1321(b)(7)(D)...................... Oil/Hazardous Substances: Discharges, Gross 5,543 Negligence (per barrel of oil or unit discharged) Judicial Assessment. 33 U.S.C. 1321(b)(7)(D)...................... Oil/Hazardous Substances: Discharges, Gross 184,767 Negligence--Minimum Penalty (Judicial Assessment). 33 U.S.C. 1322(j)............................ Marine Sanitation Devices; Operating........... 7,779 33 U.S.C. 1322(j)............................ Marine Sanitation Devices; Sale or Manufacture. 20,742 33 U.S.C. 1608(a)............................ International Navigation Rules; Operator....... 14,543 33 U.S.C. 1608(b)............................ International Navigation Rules; Vessel......... 14,543 33 U.S.C. 1908(b)(1)......................... Pollution from Ships; General.................. 72,718 33 U.S.C. 1908(b)(2)......................... Pollution from Ships; False Statement.......... 14,543 33 U.S.C. 2072(a)............................ Inland Navigation Rules; Operator.............. 14,543 33 U.S.C. 2072(b)............................ Inland Navigation Rules; Vessel................ 14,543 33 U.S.C. 2609(a)............................ Shore Protection; General...................... 51,302 33 U.S.C. 2609(b)............................ Shore Protection; Operating Without Permit..... 20,521 33 U.S.C. 2716a(a)........................... Oil Pollution Liability and Compensation....... 46,192 33 U.S.C. 3852(a)(1)(A)...................... Clean Hulls; Civil Enforcement................. 42,292 33 U.S.C. 3852(a)(1)(A)...................... Clean Hulls; related to false statements....... 56,391 33 U.S.C. 3852(c)............................ Clean Hulls; Recreational Vessels.............. 5,639 42 U.S.C. 9609(a)............................ Hazardous Substances, Releases, Liability, 55,907 Compensation (Class I). 42 U.S.C. 9609(b)............................ Hazardous Substances, Releases, Liability, 55,907 Compensation (Class II). 42 U.S.C. 9609(b)............................ Hazardous Substances, Releases, Liability, 167,722 Compensation (Class II subsequent offense). 42 U.S.C. 9609(c)............................ Hazardous Substances, Releases, Liability, 55,907 Compensation (Judicial Assessment). 42 U.S.C. 9609(c)............................ Hazardous Substances, Releases, Liability, 167,722 Compensation (Judicial Assessment subsequent offense). 46 U.S.C. 80509(a)........................... Safe Containers for International Cargo........ 6,111 46 U.S.C. 70305(c)........................... Suspension of Passenger Service................ 61,115 46 U.S.C. 2110(e)............................ Vessel Inspection or Examination Fees.......... 9,239 46 U.S.C. 2115............................... Alcohol and Dangerous Drug Testing............. 7,520 46 U.S.C. 2302(a)............................ Negligent Operations: Recreational Vessels..... 6,802 46 U.S.C. 2302(a)............................ Negligent Operations: Other Vessels............ 34,013 46 U.S.C. 2302(c)(1)......................... Operating a Vessel While Under the Influence of 7,520 Alcohol or a Dangerous Drug. 46 U.S.C. 2306(a)(4)......................... Vessel Reporting Requirements: Owner, 11,712 Charterer, Managing Operator, or Agent. 46 U.S.C. 2306(b)(2)......................... Vessel Reporting Requirements: Master.......... 2,343 46 U.S.C. 3102(c)(1)......................... Immersion Suits................................ 11,712 46 U.S.C. 3302(i)(5)......................... Inspection Permit.............................. 2,443 46 U.S.C. 3318(a)............................ Vessel Inspection; General..................... 11,712 46 U.S.C. 3318(g)............................ Vessel Inspection; Nautical School Vessel...... 11,712 46 U.S.C. 3318(h)............................ Vessel Inspection; Failure to Give Notice IAW 2,343 3304(b). 46 U.S.C. 3318(i)............................ Vessel Inspection; Failure to Give Notice IAW 2,343 3309(c). 46 U.S.C. 3318(j)(1)......................... Vessel Inspection; Vessel >=1600 Gross Tons.... 23,426 46 U.S.C. 3318(j)(1)......................... Vessel Inspection; Vessel <1600 Gross Tons..... 4,685 46 U.S.C. 3318(k)............................ Vessel Inspection; Failure to Comply with 23,426 3311(b). 46 U.S.C. 3318(l)............................ Vessel Inspection; Violation of 3318(b)-3318(f) 11,712 46 U.S.C. 3502(e)............................ List/count of Passengers....................... 244 46 U.S.C. 3504(c)............................ Notification to Passengers..................... 24,421 46 U.S.C. 3504(c)............................ Notification to Passengers; Sale of Tickets.... 1,220 46 U.S.C. 3506............................... Copies of Laws on Passenger Vessels; Master.... 489 46 U.S.C. 3718(a)(1)......................... Liquid Bulk/Dangerous Cargo.................... 61,055 46 U.S.C. 4106............................... Uninspected Vessels............................ 10,260 46 U.S.C. 4311(b)(1)......................... Recreational Vessels (maximum for related 323,027 series of violations). 46 U.S.C. 4311(b)(1)......................... Recreational Vessels; Violation of 4307(a)..... 6,460 46 U.S.C. 4311(c)............................ Recreational Vessels........................... 2,443 46 U.S.C. 4507............................... Uninspected Commercial Fishing Industry Vessels 10,260 46 U.S.C. 4703............................... Abandonment of Barges.......................... 1,739 46 U.S.C. 5116(a)............................ Load Lines..................................... 11,181 46 U.S.C. 5116(b)............................ Load Lines; Violation of 5112(a)............... 22,363 46 U.S.C. 5116(c)............................ Load Lines; Violation of 5112(b)............... 11,181 46 U.S.C. 6103(a)............................ Reporting Marine Casualties.................... 38,954 46 U.S.C. 6103(b)............................ Reporting Marine Casualties; Violation of 6104. 10,260 46 U.S.C. 8101(e)............................ Manning of Inspected Vessels; Failure to Report 1,848 Deficiency in Vessel Complement. 46 U.S.C. 8101(f)............................ Manning of Inspected Vessels................... 18,477 [[Page 13838]] 46 U.S.C. 8101(g)............................ Manning of Inspected Vessels; Employing or 18,477 Serving in Capacity not Licensed by USCG. 46 U.S.C. 8101(h)............................ Manning of Inspected Vessels; Freight Vessel 2,443 <100 GT, Small Passenger Vessel, or Sailing School Vessel. 46 U.S.C. 8102(a)............................ Watchmen on Passenger Vessels.................. 2,443 46 U.S.C. 8103(f)............................ Citizenship Requirements....................... 1,220 46 U.S.C. 8104(i)............................ Watches on Vessels; Violation of 8104(a) or (b) 18,477 46 U.S.C. 8104(j)............................ Watches on Vessels; Violation of 8104(c), (d), 18,477 (e), or (h). 46 U.S.C. 8302(e)............................ Staff Department on Vessels.................... 244 46 U.S.C. 8304(d)............................ Officer's Competency Certificates.............. 244 46 U.S.C. 8502(e)............................ Coastwise Pilotage; Owner, Charterer, Managing 18,477 Operator, Agent, Master or Individual in Charge. 46 U.S.C. 8502(f)............................ Coastwise Pilotage; Individual................. 18,477 46 U.S.C. 8503............................... Federal Pilots................................. 58,562 46 U.S.C. 8701(d)............................ Merchant Mariners Documents.................... 1,220 46 U.S.C. 8702(e)............................ Crew Requirements.............................. 18,477 46 U.S.C. 8906............................... Small Vessel Manning........................... 38,954 46 U.S.C. 9308(a)............................ Pilotage: Great Lakes; Owner, Charterer, 18,477 Managing Operator, Agent, Master or Individual in Charge. 46 U.S.C. 9308(b)............................ Pilotage: Great Lakes; Individual.............. 18,477 46 U.S.C. 9308(c)............................ Pilotage: Great Lakes; Violation of 9303....... 18,477 46 U.S.C. 10104(b)........................... Failure to Report Sexual Offense............... 9,819 46 U.S.C. 10314(a)(2)........................ Pay Advances to Seamen......................... 1,220 46 U.S.C. 10314(b)........................... Pay Advances to Seamen; Remuneration for 1,220 Employment. 46 U.S.C. 10315(c)........................... Allotment to Seamen............................ 1,220 46 U.S.C. 10321.............................. Seamen Protection; General..................... 8,465 46 U.S.C. 10505(a)(2)........................ Coastwise Voyages: Advances.................... 8,465 46 U.S.C. 10505(b)........................... Coastwise Voyages: Advances; Remuneration for 8,465 Employment. 46 U.S.C. 10508(b)........................... Coastwise Voyages: Seamen Protection; General.. 8,465 46 U.S.C. 10711.............................. Effects of Deceased Seamen..................... 489 46 U.S.C. 10902(a)(2)........................ Complaints of Unfitness........................ 1,220 46 U.S.C. 10903(d)........................... Proceedings on Examination of Vessel........... 244 46 U.S.C. 10907(b)........................... Permission to Make Complaint................... 1,220 46 U.S.C. 11101(f)........................... Accommodations for Seamen...................... 1,220 46 U.S.C. 11102(b)........................... Medicine Chests on Vessels..................... 1,220 46 U.S.C. 11104(b)........................... Destitute Seamen............................... 244 46 U.S.C. 11105(c)........................... Wages on Discharge............................. 1,220 46 U.S.C. 11303(a)........................... Log Books; Master Failing to Maintain.......... 489 46 U.S.C. 11303(b)........................... Log Books; Master Failing to Make Entry........ 489 46 U.S.C. 11303(c)........................... Log Books; Late Entry.......................... 366 46 U.S.C. 11506.............................. Carrying of Sheath Knives...................... 122 46 U.S.C. 12151(a)(1)........................ Vessel Documentation........................... 15,995 46 U.S.C. 12151(a)(2)........................ Documentation of Vessels- Related to activities 26,659 involving mobile offshore drilling units. 46 U.S.C. 12151(c)........................... Vessel Documentation; Fishery Endorsement...... 122,231 46 U.S.C. 12309(a)........................... Numbering of Undocumented Vessels--Willful 12,211 violation. 46 U.S.C. 12309(b)........................... Numbering of Undocumented Vessels.............. 2,443 46 U.S.C. 12507(b)........................... Vessel Identification System................... 20,521 46 U.S.C. 14701.............................. Measurement of Vessels......................... 44,727 46 U.S.C. 14702.............................. Measurement; False Statements.................. 44,727 46 U.S.C. 31309.............................. Commercial Instruments and Maritime Liens...... 20,521 46 U.S.C. 31330(a)(2)........................ Commercial Instruments and Maritime Liens; 20,521 Mortgagor. 46 U.S.C. 31330(b)(2)........................ Commercial Instruments and Maritime Liens; 51,302 Violation of 31329. 46 U.S.C. 70119(a)........................... Port Security.................................. 34,013 46 U.S.C. 70119(b)........................... Port Security--Continuing Violations........... 61,115 46 U.S.C. 70506.............................. Maritime Drug Law Enforcement; Penalties....... 5,639 49 U.S.C. 5123(a)(1)......................... Hazardous Materials: Related to Vessels-- 79,976 Maximum Penalty. 49 U.S.C. 5123(a)(2)......................... Hazardous Materials: Related to Vessels-- 186,610 Penalty from Fatalities, Serious Injuries/ Illness or Substantial Damage to Property. 49 U.S.C. 5123(a)(3)......................... Hazardous Materials: Related to Vessels-- 481 Training. ---------------------------------------------------------------------------------------------------------------- \1\ Enacted under the Tariff Act of 1930, exempt from inflation adjustments Title 49--Transportation PART 1503--INVESTIGATIVE AND ENFORCEMENT PROCEDURES 0 15. 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; Pub. L. 104- 134, as amended by Pub. L. 114-74. 0 16. In Sec. 1503.401, revise paragraphs (b)(1) and (2) and (c)(1) through (3) to read as follows: Sec. 1503.401 Maximum penalty amounts. * * * * * [[Page 13839]] (b) * * * (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 $11,410 per violation, up to a total of $57,051 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, $11,410 per violation, up to a total of $456,409 per civil penalty action, in the case of any other person. (c) * * * (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, $13,333 per violation, up to a total of $66,666 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, $13,333 per violation, up to a total of $533,324 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, $33,333 per violation, up to a total of $533,324 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. Dated: March 26, 2018. Kirstjen M. Nielsen, Secretary. [FR Doc. 2018-06486 Filed 3-30-18; 8:45 am] BILLING CODE 9110-9P-P, 9111-14-P; 9111-28-P, 9110-04-P, 9110-05-P
![13826 Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Rules and Regulations
repetition of arguments previously A. National Protection and Programs provisions in the 2015 Act and upon
raised. Directorate guidance that OMB issued to agencies
B. U.S. Customs and Border Protection
Thomas H. Armstrong,
on February 24, 2016.3 The adjusted
C. U.S. Immigration and Customs
Enforcement penalties were effective for civil
General Counsel, United States Government
Accountability Office. D. U.S. Coast Guard penalties assessed after August 1, 2016
[FR Doc. 2018–06413 Filed 3–30–18; 8:45 am]
E. Transportation Security Administration (the effective date of the IFR) whose
IV. Administrative Procedure Act associated violations occurred after
BILLING CODE 1610–02–P V. Regulatory Analyses November 2, 2015 (the date of
A. Executive Orders 12866 and 13563
B. Regulatory Flexibility Act enactment of the 2015 Act). On January
C. Unfunded Mandates Reform Act 27, 2017, DHS published a final rule
DEPARTMENT OF HOMELAND finalizing the IFR and making the
D. Paperwork Reduction Act
SECURITY annual adjustment for 2017. See 82 FR
I. Statutory and Regulatory Background
6 CFR Part 27 8572.
On November 2, 2015, the President
signed into law the Federal Civil II. Overview of the Final Rule
8 CFR Parts 270, 274a, and 280
Penalties Inflation Adjustment Act
This final rule makes the 2018 annual
Improvements Act of 2015 (Pub. L. 114–
19 CFR Part 4 inflation adjustments to civil monetary
74 section 701 (Nov. 2, 2105)) (2015
Act).1 The 2015 Act amended the penalties pursuant to the 2015 Act and
Coast Guard Federal Civil Penalties Inflation pursuant to guidance OMB issued to
Adjustment Act of 1990 (28 U.S.C. 2461 agencies on December 15, 2017.4 The
33 CFR Part 27 note) to improve the effectiveness of penalty amounts in this final rule will
civil monetary penalties and to maintain be effective for penalties assessed after
Transportation Security Administration their deterrent effect. The 2015 Act April 2, 2018 where the associated
required agencies to: (1) Adjust the level violation occurred after November 2,
49 CFR Part 1503 of civil monetary penalties with an 2015. Consistent with OMB guidance,
RIN 1601–AA80 initial ‘‘catch-up’’ adjustment through the 2015 Act does not change previously
issuance of an Interim Final Rule (IFR) assessed penalties that the agency is
Civil Monetary Penalty Adjustments for and (2) make subsequent annual actively collecting or has collected.
Inflation adjustments for inflation. Through the The adjusted penalty amounts will
‘‘catch-up’’ adjustment, agencies were apply to penalties assessed after the
AGENCY: Department of Homeland required to adjust the maximum
Security. effective date of this final rule. We
amounts of civil monetary penalties to discuss civil penalties by DHS
ACTION: Final rule. more accurately reflect inflation rates.
For the subsequent annual component in Section III below. For
SUMMARY: In this final rule, the adjustments, the 2015 Act requires each component identified in Section
Department of Homeland Security’s agencies to increase the penalty III, below, we briefly describe the
(DHS) is making the 2018 annual amounts by a cost-of-living adjustment. relevant civil penalty (or penalties), and
inflation adjustment to its civil The 2015 Act directs OMB to provide we provide a table showing the increase
monetary penalties. The Federal Civil guidance to agencies each year to assist in the penalties for 2018. In the table for
Penalties Inflation Adjustment Act agencies in making the annual each component, we show (1) the
Improvements Act of 2015 (2015 Act) adjustments. The 2015 Act requires penalty name, (2) the penalty statutory
was signed into law on November 2, agencies to make the annual and/or regulatory citation, (3) the
2015. Pursuant to the 2015 Act, all adjustments no later than January 15 of penalty amount as adjusted in the 2017
agencies must adjust civil monetary each year and to publish the final rule, (4) the cost-of-living
penalties annually and publish the adjustments in the Federal Register. adjustment multiplier for 2018 that
adjustment in the Federal Register. Pursuant to the 2015 Act, DHS OMB provided in its December 15, 2017
Accordingly, this final rule adjusts undertook a review of the civil penalties guidance, and (5) the new 2018 adjusted
DHS’s civil monetary penalties for 2018 that DHS and its components penalty. The 2015 Act instructs agencies
pursuant to the 2015 Act and OMB administer.2 On July 1, 2016, DHS to round penalties to the nearest $1. For
guidance. The new penalties will be published an IFR adjusting the a more complete discussion of the
effective for penalties assessed after maximum civil monetary penalties with method used for calculating the initial
April 2, 2018 whose associated an initial ‘‘catch-up’’ adjustment, as ‘‘catch-up’’ inflation adjustments and a
violations occurred after November 2, required by the 2015 Act. See 81 FR component-by-component breakdown to
2015. 42987. DHS calculated the adjusted the nature of the civil penalties and
DATES: This rule is effective on April 2, penalties based upon nondiscretionary relevant legal authorities, please see the
2018. 1 The 2015 Act was enacted as part of the
IFR preamble at 81 FR 42987–43000.
FOR FURTHER INFORMATION CONTACT: Bipartisan Budget Act of 2015, Public Law 114–74
Megan Westmoreland, Attorney- (Nov. 2, 2015). 3 OMB, Implementation of the Federal Civil
Advisor, Office of the General Counsel, 2 The 2015 Act applies to all agency civil Penalties Inflation Adjustment Act Improvements
penalties except for any penalty (including any Act of 2015, Table A, 24 February 2016. https://
U.S. Department of Homeland Security. www.whitehouse.gov/sites/whitehouse.gov/files/
addition to tax and additional amount) under the
daltland on DSKBBV9HB2PROD with RULES
Phone: 202–447–4384. Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.) omb/memoranda/2016/m-16-06.pdf (last accessed
SUPPLEMENTARY INFORMATION: and the Tariff Act of 1930 (19 U.S.C. 1202 et seq.). Dec. 5, 2017).
See sec. 4(a)(1) of the 2015 Act. In the case of DHS, 4 OMB, Implementation of the 2018 annual
Table of Contents several civil penalties that are assessed by U.S. adjustment pursuant to the Federal Civil Penalties
Customs and Border Protection (CBP) and the U.S. Inflation Adjustment Act Improvements Act of
I. Statutory and Regulatory Background Coast Guard fall under the Tariff Act of 1930, and 2015, December 15, 2017. https://
II. Overview of Final Rule thus DHS did not adjust those civil penalties in this www.whitehouse.gov/wp-content/uploads/2017/11/
III. Adjustments by Component rulemaking. M-18-03.pdf (last accessed Dec. 15, 2017).
VerDate Sep<11>2014 16:23 Mar 30, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\02APR1.SGM 02APR1](https://thefederalregister.org/doc/83_FR_13889/page/1.svg)
![Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Rules and Regulations 13839
(b) * * * Dated: March 26, 2018. appendix B. The FDIC previously
(1) For violations that occurred on or Kirstjen M. Nielsen, revised part 364 to make the Interagency
before November 2, 2015, $10,000 per Secretary. Guidelines applicable to both State
violation, up to a total of $50,000 per [FR Doc. 2018–06486 Filed 3–30–18; 8:45 am] nonmember banks and State savings
civil penalty action, in the case of an BILLING CODE 9110–9P–P, 9111–14–P; 9111–28–P,
associations.2
individual or small business concern, as 9110–04–P, 9110–05–P The FDIC is adopting a final rule
defined in section 3 of the Small (‘‘Final Rule’’) to rescind in its entirety
Business Act (15 U.S.C. 632). For part 391, subpart A and to modify the
violations that occurred after November FEDERAL DEPOSIT INSURANCE scope of part 326 to include State
2, 2015 $11,410 per violation, up to a CORPORATION savings associations to conform to and
total of $57,051 per civil penalty action, reflect the scope of the FDIC’s current
in the case of an individual or small 12 CFR Parts 326 and 391 supervisory responsibilities as the
business concern; and appropriate Federal banking agency.
RIN 3064–AE47
(2) For violations that occurred on or The FDIC is also adding definitions of
before November 2, 2015, $10,000 per Removal of Transferred OTS ‘‘FDIC-supervised insured depository
violation, up to a total of $400,000 per Regulations Regarding Minimum institution or institution’’ and ‘‘State
civil penalty action, in the case of any Security Procedures Amendments to savings association.’’ Upon removal of
other person. For violations that FDIC Regulations part 391, subpart A, the Security
occurred after November 2, 2015, Procedures, regulations applicable for
$11,410 per violation, up to a total of AGENCY: Federal Deposit Insurance all insured depository institutions for
$456,409 per civil penalty action, in the Corporation. which the FDIC has been designated the
case of any other person. ACTION: Final rule. appropriate Federal banking agency will
(c) * * * be found at 12 CFR part 326.
(1) For violations that occurred on or SUMMARY: The Federal Deposit
Insurance Corporation (‘‘FDIC’’) is I. Background
before November 2, 2015, $10,000 per
violation, up to a total of $50,000 per adopting a final rule to rescind and The Dodd-Frank Act
civil penalty action, in the case of an remove a part from the Code of Federal The Dodd-Frank Act provided for a
individual or small business concern, as Regulations entitled ‘‘Security substantial reorganization of the
defined in section 3 of the Small Procedures’’ and to amend FDIC regulation of State and Federal savings
Business Act (15 U.S.C. 632). For regulations to make the removed Office associations and their holding
violations that occurred after November of Thrift Supervision (‘‘OTS’’) companies. Beginning July 21, 2011, the
2, 2015, $13,333 per violation, up to a regulations applicable to State savings transfer date established by section 311
total of $66,666 per civil penalty action, associations. of the Dodd-Frank Act, codified at 12
in the case of an individual (except an DATES: The final rule is effective on May U.S.C. 5411, the powers, duties, and
airman serving as an airman), or a small 2, 2018. functions formerly performed by the
business concern. FOR FURTHER INFORMATION CONTACT: OTS were divided among the FDIC, as
(2) For violations that occurred on or Lauren Whitaker, Senior Attorney, to State savings associations, the Office
before November 2, 2015, $10,000 per Consumer Compliance Section, Legal of the Comptroller of the Currency
violation, up to a total of $400,000 per Division (202) 898–3872; Karen Jones (‘‘OCC’’), as to Federal savings
civil penalty action, in the case of any Currie, Senior Examination Specialist, associations, and the Board of
other person (except an airman serving Division of Risk Management and Governors of the Federal Reserve
as an airman) not operating an aircraft Supervision (202) 898–3981. System (‘‘FRB’’), as to savings and loan
for the transportation of passengers or holding companies. Section 316(b) of
SUPPLEMENTARY INFORMATION: Part 391,
property for compensation. For the Dodd-Frank Act, codified at 12
subpart A, was included in the
violations that occurred after November U.S.C. 5414(b), provides the manner of
regulations that were transferred to the
2, 2015, $13,333 per violation, up to a treatment for all orders, resolutions,
FDIC from the Office of Thrift
total of $533,324 per civil penalty determinations, regulations, and
Supervision (‘‘OTS’’) on July 21, 2011,
action, in the case of any other person advisory materials that had been issued,
in connection with the implementation
(except an airman serving as an airman) made, prescribed, or allowed to become
of applicable provisions of title III of the
not operating an aircraft for the effective by the OTS. This section
Dodd-Frank Wall Street Reform and
transportation of passengers or property provides that if such materials were in
Consumer Protection Act (‘‘Dodd-Frank
for compensation. effect on the day before the transfer
Act’’).1 With the exception of one
(3) For violations that occurred on or date, they continue to be in effect and
provision (§ 391.5) the requirements for
before November 2, 2015, $25,000 per are enforceable by or against the
State savings associations in part 391,
violation, up to a total of $400,000 per appropriate successor agency until they
subpart A, are substantively identical to
civil penalty action, in the case of a are modified, terminated, set aside, or
the requirements in the FDIC’s 12 CFR
person operating an aircraft for the superseded in accordance with
part 326 (‘‘part 326’’), which is entitled
transportation of passengers or property applicable law by such successor
‘‘Minimum Security Procedures.’’ The
for compensation (except an individual agency, by any court of competent
one exception directs savings
serving as an airman). For violations jurisdiction, or by operation of law.
associations to comply with appendix B
that occurred after November 2, 2015, Section 316(c) of the Dodd-Frank Act,
to subpart B of Interagency Guidelines
$33,333 per violation, up to a total of
daltland on DSKBBV9HB2PROD with RULES
Establishing Information Security codified at 12 U.S.C. 5414(c), further
$533,324 per civil penalty action, in the directed the FDIC and the OCC to
Standards (Interagency Guidelines)
case of a person (except an individual consult with one another and to publish
contained in FDIC rules at part 364,
serving as an airman) operating an a list of the continued OTS regulations
aircraft for the transportation of 1 Dodd-Frank Wall Street Reform and Consumer that would be enforced by the FDIC and
passengers or property for Protection Act, Public Law 111–203, 124 Stat. 1376
compensation. (2010) (codified at 12 U.S.C. 5301 et seq.). 2 80 FR 65907 (Oct. 28, 2015).
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Document Created: 2018-11-01 09:08:24
Document Modified: 2018-11-01 09:08:24
| 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 April 2, 2018. | |
| Contact | Megan Westmoreland, Attorney-Advisor, Office of the General Counsel, U.S. Department of Homeland Security. Phone: 202-447-4384. | |
| FR Citation | 83 FR 13826 | |
| RIN Number | 1601-AA80 | |
| CFR Citation | 19
CFR
4 33 CFR 27 49 CFR 1503 6 CFR 27 8 CFR 270 8 CFR 274 | |
| CFR Associated | Customs Duties and Inspection; Exports; Freight; Harbors; Maritime Carriers; Oil Pollution; Vessels; Investigations; Law Enforcement; Reporting and Recordkeeping Requirements; Security Measures; Administrative Practice and Procedure; Aliens; Employment; Fraud and Penalties |
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