Civil Monetary Penalty Adjustments for Inflation

SUMMARY

This Final Rule finalizes the Department of Homeland Security's (DHS) Interim Final Rule that adjusted DHS civil monetary penalties for inflation. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) was signed into law on November 2, 2015. Using the formula in the 2015 Act and guidance from the Office of Management and Budget (OMB), DHS calculated adjusted penalties. On July 1, 2016, DHS published an Interim Final Rule setting forth the adjusted civil penalty amounts, effective for civil penalties assessed after August 1, 2016 whose associated violations occurred after November 2, 2015. Pursuant to the 2015 Act, all agencies must adjust civil monetary penalties annually and publish the adjustment in the Federal Register. Accordingly, this Final Rule adjusts DHS's civil monetary penalties pursuant to the 2015 Act and OMB guidance. The new penalties will be effective for penalties assessed after January 27, 2017 whose associated violations occurred after November 2, 2015. DHS also announces that it will make its required annual adjustment of civil monetary penalties in future years by publication of a Final Rule notwithstanding the notice and comment provisions of the Administrative Procedure Act.

 
CONTENT

Federal Register, Volume 82 Issue 17 (Friday, January 27, 2017)

Federal Register Volume 82, Number 17 (Friday, January 27, 2017)

Rules and Regulations

Pages 8571-8584

From the Federal Register Online via the Government Publishing Office www.gpo.gov

FR Doc No: 2017-00605

Page 8571

DEPARTMENT OF HOMELAND SECURITY

6 CFR Part 27

8 CFR Parts 270, 274a, and 280

Coast Guard

33 CFR Part 27

Transportation Security Administration

49 CFR Part 1503

Docket No. DHS-2016-0034

RIN 1601-AA80

Civil Monetary Penalty Adjustments for Inflation

AGENCY: Department of Homeland Security.

ACTION: Final rule.

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SUMMARY: This Final Rule finalizes the Department of Homeland Security's (DHS) Interim Final Rule that adjusted DHS civil monetary penalties for inflation. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) was signed into law on November 2, 2015. Using the formula in the 2015 Act and guidance from the Office of Management and Budget (OMB), DHS calculated adjusted penalties. On July 1, 2016, DHS published an Interim Final Rule setting forth the adjusted civil penalty amounts, effective for civil penalties assessed after August 1, 2016 whose associated violations occurred after November 2, 2015.

Pursuant to the 2015 Act, all agencies must adjust civil monetary penalties annually and publish the adjustment in the Federal Register. Accordingly, this Final Rule adjusts DHS's civil monetary penalties pursuant to the 2015 Act and OMB guidance. The new penalties will be effective for penalties assessed after January 27, 2017 whose associated violations occurred after November 2, 2015. DHS also announces that it will make its required annual adjustment of civil monetary penalties in future years by publication of a Final Rule notwithstanding the notice and comment provisions of the Administrative Procedure Act.

DATES: This rule is effective on January 27, 2017.

FOR FURTHER INFORMATION CONTACT: Megan Westmoreland, Attorney-Advisor, Office of the General Counsel, U.S. Department of Homeland Security. Phone: 202-447-4384.

SUPPLEMENTARY INFORMATION:

Table of Contents

  1. Statutory and Regulatory Background

  2. Overview of Final Rule

  3. Adjustments by Component

    1. National Protection and Programs Directorate

    2. U.S. Customs and Border Protection

    3. U.S. Immigration and Customs Enforcement

    4. U.S. Coast Guard

    5. Transportation Security Administration

  4. Discussion of Public Comments

  5. Administrative Procedure Act

  6. Regulatory Analyses

    1. Executive Orders 12866 and 13563

    2. Regulatory Flexibility Act

    3. Unfunded Mandates Reform Act

    4. Paperwork Reduction Act

  7. Statutory and Regulatory Background

    On November 2, 2015, the President signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Pub. L. 114-74 section 701 (Nov. 2, 2105)) (2015 Act).\1\ The 2015 Act amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note) to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. The 2015 Act required agencies to: (1) Adjust the level of civil monetary penalties with an initial ``catch-up'' adjustment through issuance of an Interim Final Rule (IFR) and (2) make subsequent annual adjustments for inflation. Through the ``catch-up'' adjustment, agencies were required to adjust the maximum amounts of civil monetary penalties to more accurately reflect inflation rates. The 2015 Act required that agencies publish their IFRs in the Federal Register no later than July 1, 2016 and that the adjusted amounts were to take effect no later than August 1, 2016.

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    \1\ The 2015 Act was enacted as part of the Bipartisan Budget Act of 2015, Public Law 114-74 (Nov. 2, 2015).

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    For the subsequent annual adjustments, the 2015 Act requires agencies to increase the penalty amounts by a cost-of-living adjustment. The 2015 Act directs OMB to provide guidance to agencies each year to assist agencies in making the annual adjustments. The 2015 Act requires agencies to make the annual adjustments no later than January 15 of each year and to publish the adjustments in the Federal Register.

    Pursuant to the 2015 Act, DHS undertook a review of the civil penalties that DHS and its components administer.\2\ On July 1, 2016, DHS published an IFR adjusting the civil monetary penalties with an initial ``catch-up'' adjustment, as required by the 2015 Act. See 81 FR 42987. DHS calculated the adjusted penalties based upon nondiscretionary provisions in the 2015 Act and upon guidance that OMB issued to agencies on February 25, 2016.\3\ The adjusted penalties were effective for civil penalties assessed after August 1, 2016 (the effective date of the IFR) whose associated violations occurred after November 2, 2015 (the date of enactment of the 2015 Act). DHS published a correction to the IFR on August 23, 2016 to correct one amendatory instruction. See 81 FR 57442.

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    \2\ The 2015 Act applies to all agency civil penalties except for any penalty (including any addition to tax and additional amount) under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.) and the Tariff Act of 1930 (19 U.S.C. 1202 et seq.). See sec. 4(a)(1) of the 2015 Act. In the case of DHS, several civil penalties that are collected by U.S. Customs and Border Protection (CBP) and the U.S. Coast Guard fall under the Tariff Act of 1930, and thus DHS did not adjust those civil penalties in this rulemaking.

    \3\ OMB, Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Table A, 24 February 2016. http://www.whitehouse.gov/sites/default/files/omb/memoranda/2016/m-16-06.pdf.

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  8. Overview of the Final Rule

    This rule adopts, as final, the civil monetary penalty adjustment methodology that DHS announced in the IFR. This Final Rule also makes the 2017 annual inflation adjustment pursuant to the 2015 Act and pursuant to guidance OMB issued to agencies on

    Page 8572

    December 16, 2016.\4\ Where applicable, we have finalized conforming edits to regulatory text. The penalty amounts in this Final Rule will be effective for penalties assessed after January 27, 2017 where the associated violation occurred after November 2, 2015. Consistent with OMB guidance, the 2015 Act does not change previously assessed penalties that the agency is actively collecting or has collected.

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    \4\ OMB, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 16, 2016. http://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf (last accessed Dec. 21, 2016).

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    The IFR established the initial ``catch-up'' adjustment for all civil penalties that DHS and its components administer. This Final Rule makes the next adjustment to the amounts, pursuant to the 2015 Act and upon OMB guidance. The adjusted penalty amounts will apply to penalties assessed after the effective date of this Final Rule. We discuss civil penalties by DHS component in Section III below. For each component identified in Section III, below, we briefly describe the relevant civil penalty (or penalties), and we provide a table showing the increase in the penalties for 2017. In the table for each component, we show (1) the penalty name, (2) the penalty statutory and/or regulatory citation, (3) the penalty amount as adjusted in the IFR, (4) the cost-

    of-living adjustment multiplier for 2017 that OMB provided in its December 16, 2016 guidance, and (5) the new 2017 adjusted penalty. For a more complete discussion of the method used for calculating the initial ``catch-up'' inflation adjustments and a component-by-component breakdown to the nature of the civil penalties and relevant legal authorities, please see the IFR preamble at 81 FR 42987-43000.

  9. 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.

    1. 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).

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      \5\ Section 550 has since been superseded by the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014 (Pub. L. 113-254). The new legislation codified the statutory authority for the CFATS program within Title XXI of the Homeland Security Act of 2002, as amended. See 6 U.S.C. 621 et seq.

      Table 1--CFATS Civil Penalty Adjustment

      ----------------------------------------------------------------------------------------------------------------

      New penalty as

      Penalty amount as adjusted by

      Penalty name Citation adjusted in the 2016 Multiplier * this final

      IFR rule

      ----------------------------------------------------------------------------------------------------------------

      Penalty for non-compliance with 6 U.S.C. 624(b)(1);.. $32,796 per day...... 1.01636 $33,333

      CFATS regulations. 6 CFR 27.300(b)(3)...

      ----------------------------------------------------------------------------------------------------------------

      * OMB, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment

      Act Improvements Act of 2015, December 16, 2016. http://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf.

    2. U.S. Customs and Border Protection

      U.S. Customs and Border Protection (CBP) assesses civil monetary penalties for certain violations of title 8 of the CFR regarding the Immigration and Nationality Act of 1952 (Pub. L. 82-414, as amended) (INA). The INA contains provisions that impose penalties on persons, including carriers and aliens, who violate specified provisions of the INA. CBP's relevant penalty provisions are located in numerous sections of the INA, however CBP has enumerated these penalties in regulation in one location--in 8 CFR 280.53. For a complete list of the INA sections for which penalties are assessed, in addition to a brief description of each violation, see the IFR preamble at 81 FR 42989-42990. Below is a table showing the 2017 adjustment for the penalties that CBP administers.

      Table 2--U.S. Customs and Border Protection Civil Penalties Adjustments

      ----------------------------------------------------------------------------------------------------------------

      Penalty amount as New penalty as

      Penalty name Citation adjusted in the Multiplier * adjusted by this

      2016 IFR final rule

      ----------------------------------------------------------------------------------------------------------------

      Penalties for non-compliance with 8 U.S.C. 1221(g); 8 $1,312............. 1.01636 $1,333

      arrival and departure manifest CFR 280.53(c)(1)

      requirements for passengers, (INA section

      crewmembers, or occupants 231(g)).

      transported on commercial

      vessels or aircraft arriving to

      or departing from the United

      States.

      Penalties for non-compliance with 8 U.S.C. 1224; 8 3,563.............. 1.01636 3,621

      landing requirements at CFR 280.53(c)(2)

      designated ports of entry for (INA section 234).

      aircraft transporting aliens.

      Page 8573

      Penalties for failure to depart 8 U.S.C. 1229c(d); 1,502-7,512........ 1.01636 1,527-7,635

      voluntarily. 8 CFR 280.53(c)(3)

      (INA section

      240B(d)).

      Penalties for violations of 8 U.S.C. 3,005.............. 1.01636 3,054

      removal orders relating to 1253(c)(1)(A); 8

      aliens transported on vessels or CFR 280.53(c)(4)

      aircraft under section 241(d) of (INA section

      the INA, or for costs associated 243(c)(1)(A)).

      with removal under section

      241(e) of the INA.

      Penalties for failure to remove 8 U.S.C. 7,512.............. 1.01636 7,635

      alien stowaways under section 1253(c)(1)(B); 8

      241(d)(2) of the INA. CFR 280.53(c)(4)

      (INA section

      243(c)(1)(B)).

      Penalties for failure to report 8 U.S.C. 1281(d); 8 356 for each alien. 1.01636 362 for each alien

      an illegal landing or desertion CFR 280.53(c)(5)

      of alien crewmen, and for each (INA section

      alien not reported on arrival or 251(d)).

      departure manifest or lists

      required in accordance with

      section 251 of the INA.

      Penalties for use of alien 8 U.S.C. 1281(d); 8 8,908.............. 1.01636 9,054

      crewmen for longshore work in CFR 280.53(c)(5)

      violation of section 251(d) of (INA section

      the INA. 251(d)).

      Penalties for failure to control, 8 U.S.C. 1284(a); 8 891-5,345.......... 1.01636 906-5,432

      detain, or remove alien crewmen. CFR 280.53(c)(6)

      (INA section

      254(a)).

      Penalties for employment on 8 U.S.C. 1285; 8 1,782.............. 1.01636 1,811

      passenger vessels of aliens CFR 280.53(c)(7)

      afflicted with certain (INA section 255).

      disabilities.

      Penalties for discharge of alien 8 U.S.C. 1286; 8 2,672-5,345........ 1.01636 2,716-5,432

      crewmen. CFR 280.53(c)(8)

      (INA section 256).

      Penalties for bringing into the 8 U.S.C. 1287; 8 17,816............. 1.01636 18,107

      United States alien crewmen with CFR 280.53(c)(9)

      intent to evade immigration laws. (INA section 257).

      Penalties for failure to prevent 8 U.S.C. 1321(a); 8 5,345.............. 1.01636 5,432

      the unauthorized landing of CFR 280.53(c)(10)

      aliens. (INA section

      271(a)).

      Penalties for bringing to the 8 U.S.C. 1322(a); 8 5,345.............. 1.01636 5,432

      United States aliens subject to CFR 280.53(c)(11)

      denial of admission on a health- (INA section

      related ground. 272(a)).

      Penalties for bringing to the 8 U.S.C. 1323(b); 8 5,345.............. 1.01636 5,432

      United States aliens without CFR 280.53(c)(12)

      required documentation. (INA section

      273(b)).

      Penalties for failure to depart.. 8 U.S.C. 1324d; 8 751................ 1.01636 763

      CFR 280.53(c)(13)

      (INA section 274D).

      Penalties for improper entry..... 8 U.S.C. 1325(b); 8 75-376............. 1.01636 76-382

      CFR 280.53(c)(14)

      (INA section

      275(b)).

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      * OMB, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment

      Act Improvements Act of 2015, December 16, 2016. http://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf.

    3. U.S. Immigration and Customs Enforcement

      U.S. Immigration and Customs Enforcement (ICE) assesses civil monetary penalties for certain employment-related violations arising from the INA. ICE's civil penalties are located in title 8 of the CFR.

      There are three different sections in the INA that impose civil monetary penalties for violations of the laws that relate to employment actions: Sections 274A, 274B, and 274C. ICE has primary enforcement responsibilities for two of these civil penalty provisions (sections 274A and 274C), and the Department of Justice (DOJ) has enforcement responsibilities for one of these civil penalty provisions (section 274B). The INA, in sections 274A and 274C, provides for imposition of civil penalties for various specified unlawful acts pertaining to the employment eligibility verification process (Form I-9, Employment Eligibility Verification)

      Page 8574

      and the employment of unauthorized aliens.

      Because both DHS and DOJ implement the three employment-related penalty sections in the INA, both Departments are codifying the civil penalty amounts in their implementing regulations. For a complete description of the civil money penalties assessed and a discussion of DHS's and DOJ's efforts to update the penalties in years past, see the IFR preamble at 81 FR 42991. Below is a table showing the 2017 adjustment for the penalties that ICE administers.

      Table 3--U.S. Immigration and Customs Enforcement Civil Penalties Adjustments

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      New penalty as

      Penalty amount adjusted by

      Penalty name Citation as adjusted in Multiplier * this final

      the 2016 IFR rule

      ----------------------------------------------------------------------------------------------------------------

      Civil penalties for violation of 8 CFR 270.3(b)(1)(ii)(A) $445-$3,563 1.01636 $452-$3,621

      Immigration and Naturalization Act

      (INA) sections 274C(a)(1)-(a)(4),

      penalty for first offense.

      Civil penalties for violation of 8 CFR 270.3(b)(1)(ii)(B) 376-3,005 1.01636 382-3,054

      Immigration and Naturalization Act

      (INA) sections 274C(a)(5)-(a)(6),

      penalty for first offense.

      Civil penalties for violation of 8 CFR 270.3(b)(1)(ii)(C) 3,563-8,908 1.01636 3,621-9,054

      Immigration and Naturalization Act

      (INA) sections 274C(a)(1)-(a)(4),

      penalty for subsequent offenses.

      Civil penalties for violation of 8 CFR 270.3(b)(1)(ii)(D) 3,005-7,512 1.01636 3,054-7,635

      Immigration and Naturalization Act

      (INA) sections 274C(a)(5)-(a)(6),

      penalty for subsequent offenses.

      Violation/prohibition of indemnity 8 CFR 274a.8(b)......... 2,156 1.01636 2,191

      bonds.

      Civil penalties for knowingly hiring, 8 CFR 539-4,313 1.01636 548-4,384

      recruiting, referral, or retention of 274a.10(b)(1)(ii)(A).

      unauthorized aliens--Penalty for

      first offense (per unauthorized

      alien).

      Penalty for second offense (per 8 CFR 4,313-10,781 1.01636 4,384-10,957

      unauthorized alien). 274a.10(b)(1)(ii)(B).

      Penalty for third or subsequent 8 CFR 6,469-21,563 1.01636 6,575-21,916

      offense (per unauthorized alien). 274a.10(b)(1)(ii)(C).

      Civil penalties for I-9 paperwork 8 CFR 274a.10(b)(2)..... 216-2,156 1.01636 220-2,191

      violations.

      ----------------------------------------------------------------------------------------------------------------

      *OMB, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment

      Act Improvements Act of 2015, December 16, 2016. http://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf.

    4. U.S. Coast Guard

      The Coast Guard is authorized to assess close to 150 penalties involving maritime safety and security and environmental stewardship that are critical to the continued success of Coast Guard missions. Various statutes in titles 14, 16, 19, 33, 42, 46, and 49 of the United States Code authorize these penalties. Titles 33 and 46 authorize the vast majority of these penalties as these statutes deal with navigation, navigable waters, and shipping. Beyond titles 33 and 46, the Coast Guard is also authorized to collect civil monetary penalties related to the organization and management of the Coast Guard, aquatic species conservation, obstruction of revenue, and hazardous substances and materials. For a complete discussion of the civil monetary penalties assessed by the Coast Guard, see the IFR preamble at 81 FR 42992.

      The Coast Guard has identified the penalties it administers, adjusted those penalties for inflation, and is listing those new penalties in a table located in the CFR--specifically, Table 1 in 33 CFR 27.3. Table 1 in 33 CFR 27.3 identifies the statutes that provide the Coast Guard with civil monetary penalty authority and sets out the inflation-adjusted maximum penalty that the Coast Guard may impose pursuant to each statutory provision. Table 1 in 33 CFR 27.3 provides the current maximum penalty for violations that occurred after November 2, 2015. The applicable civil penalty amounts for violations occurring on or before November 2, 2015 are set forth in previously published regulations amending 33 CFR part 27. To find the applicable penalty amount for a violation that occurred on or before November 2, 2015, look to the prior versions of the CFR that pertain to the date on which the violation occurred. Table 4 below shows the 2017 adjustment for the penalties that the Coast Guard administers.

      Table 4--U.S. Coast Guard Civil Penalties Adjustments

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      Penalty amount New penalty as

      as adjusted adjusted by

      Penalty name Citation in the 2016 Multiplier * this final

      IFR rule

      ----------------------------------------------------------------------------------------------------------------

      Saving Life and Property.............. 14 U.S.C. 88(c)......... $10,017 1.01636 $10,181

      Saving Life and Property; Intentional 14 U.S.C. 88(e)......... 1,028 1.01636 1,045

      Interference with Broadcast.

      Confidentiality of Medical Quality 14 U.S.C. 645(i); 33 CFR 5,032 1.01636 5,114

      Assurance Records (first offense). 27.3.

      Confidentiality of Medical Quality 14 U.S.C. 645(i); 33 CFR 33,546 1.01636 34,095

      Assurance Records (subsequent 27.3.

      offenses).

      Aquatic Nuisance Species in Waters of 16 U.S.C. 4711(g)(1); 33 37,561 1.01636 38,175

      the United States. CFR 27.3.

      Page 8575

      Obstruction of Revenue Officers by 19 U.S.C. 70; 33 CFR 7,500 1.01636 7,623

      Masters of Vessels. 27.3.

      Obstruction of Revenue Officers by 19 U.S.C. 70; 33 CFR 1,750 1.01636 1,779

      Masters of Vessels-Minimum Penalty. 27.3.

      Failure to Stop Vessel When Directed; 19 U.S.C. 1581(d)....... ** 5,000 N/A ** 5,000

      Master, Owner, Operator or Person in

      Charge.

      Failure to Stop Vessel When Directed; 19 U.S.C. 1581(d)....... ** 1,000 N/A ** 1,000

      Master, Owner, Operator or Person in

      Charge-Minimum Penalty.

      Anchorage Ground/Harbor Regulations 33 U.S.C. 471; 33 CFR 10,875 1.01636 11,053

      General. 27.3.

      Anchorage Ground/Harbor Regulations 33 U.S.C. 474; 33 CFR 750 1.01636 762

      St. Mary's river. 27.3.

      Bridges/Failure to Comply with 33 U.S.C. 495(b); 33 CFR 27,455 1.01636 27,904

      Regulations. 27.3.

      Bridges/Drawbridges................... 33 U.S.C. 499(c); 33 CFR 27,455 1.01636 27,904

      27.3.

      Bridges/Failure to Alter Bridge 33 U.S.C. 502(c); 33 CFR 27,455 1.01636 27,904

      Obstructing Navigation. 27.3.

      Bridges/Maintenance and Operation..... 33 U.S.C. 533(b); 33 CFR 27,455 1.01636 27,904

      27.3.

      Bridge to Bridge Communication; 33 U.S.C. 1208(a); 33 2,000 1.01636 2,033

      Master, Person in Charge or Pilot. CFR 27.3.

      Bridge to Bridge Communication; Vessel 33 U.S.C. 1208(b); 33 2,000 1.01636 2,033

      CFR 27.3.

      PWSA Regulations...................... 33 U.S.C. 1232(a); 33 88,613 1.01636 90,063

      CFR 27.3.

      Vessel Navigation: Regattas or Marine 33 U.S.C. 1236(b); 33 8,908 1.01636 9,054

      Parades; Unlicensed Person in Charge. CFR 27.3.

      Vessel Navigation: Regattas or Marine 33 U.S.C. 1236(c); 33 8,908 1.01636 9,054

      Parades; Owner Onboard Vessel. CFR 27.3.

      Vessel Navigation: Regattas or Marine 33 U.S.C. 1236(d); 33 4,454 1.01636 4,527

      Parades; Other Persons. CFR 27.3.

      Oil/Hazardous Substances: Discharges 33 U.S.C. 17,816 1.01636 18,107

      (Class I per violation). 1321(b)(6)(B)(i); 33

      CFR 27.3.

      Oil/Hazardous Substances: Discharges 33 U.S.C. 44,539 1.01636 45,268

      (Class I total under paragraph). 1321(b)(6)(B)(i); 33

      CFR 27.3.

      Oil/Hazardous Substances: Discharges 33 U.S.C. 17,816 1.01636 18,107

      (Class II per day of violation). 1321(b)(6)(B)(ii); 33

      CFR 27.3.

      Oil/Hazardous Substances: Discharges 33 U.S.C. 222,695 1.01636 226,338

      (Class II total under paragraph). 1321(b)(6)(B)(ii); 33

      CFR 27.3.

      Oil/Hazardous Substances: Discharges 33 U.S.C. 1321(b)(7)(A); 44,539 1.01636 45,268

      (per day of violation) Judicial 33 CFR 27.3.

      Assessment.

      Oil/Hazardous Substances: Discharges 33 U.S.C. 1321(b)(7)(A); 1,782 1.01636 1,811

      (per barrel of oil or unit 33 CFR 27.3.

      discharged) Judicial Assessment.

      Oil/Hazardous Substances: Failure to 33 U.S.C. 1321(b)(7)(B); 44,539 1.01636 45,268

      Carry Out Removal/Comply With Order 33 CFR 27.3.

      (Judicial Assessment).

      Oil/Hazardous Substances: Failure to 33 U.S.C. 1321(b)(7)(C); 44,539 1.01636 45,268

      Comply with Regulation Issued Under 33 CFR 27.3.

      1321(j) (Judicial Assessment).

      Oil/Hazardous Substances: Discharges, 33 U.S.C. 1321(b)(7)(D); 5,345 1.01636 5,432

      Gross Negligence (per barrel of oil 33 CFR 27.3.

      or unit discharged) Judicial

      Assessment.

      Oil/Hazardous Substances: Discharges, 33 U.S.C. 1321(b)(7)(D); 178,156 1.01636 181,071

      Gross Negligence-Minimum Penalty 33 CFR 27.3.

      (Judicial Assessment).

      Marine Sanitation Devices; Operating.. 33 U.S.C. 1322(j); 33 7,500 1.01636 7,623

      CFR 27.3.

      Marine Sanitation Devices; Sale or 33 U.S.C. 1322(j); 33 20,000 1.01636 20,327

      Manufacture. CFR 27.3.

      International Navigation Rules; 33 U.S.C. 1608(a); 33 14,023 1.01636 14,252

      Operator. CFR 27.3.

      International Navigation Rules; Vessel 33 U.S.C. 1608(b); 33 14,023 1.01636 14,252

      CFR 27.3.

      Pollution from Ships; General......... 33 U.S.C. 1908(b)(1); 33 70,117 1.01636 71,264

      CFR 27.3.

      Pollution from Ships; False Statement. 33 U.S.C. 1908(b)(1); 33 14,023 1.01636 14,252

      CFR 27.3.

      Inland Navigation Rules; Operator..... 33 U.S.C. 2072(a); 33 14,023 1.01636 14,252

      CFR 27.3.

      Inland Navigation Rules; Vessel....... 33 U.S.C. 2072(b); 33 14,023 1.01636 14,252

      CFR 27.3.

      Shore Protection; General............. 33 U.S.C. 2609(a); 33 49,467 1.01636 50,276

      CFR 27.3.

      Shore Protection; Operating Without 33 U.S.C. 2609(b); 33 19,787 1.01636 20,111

      Permit. CFR 27.3.

      Oil Pollution Liability and 33 U.S.C. 2716a(a); 33 44,539 1.01636 45,268

      Compensation. CFR 27.3.

      Clean Hulls........................... 33 U.S.C. 3852(a)(1)(A); 40,779 1.01636 41,446

      33 CFR 27.3.

      Clean Hulls-related to false 33 U.S.C. 3852(a)(1)(A); 54,373 1.01636 55,263

      statements. 33 CFR 27.3.

      Clean Hulls-Recreational Vessel....... 33 U.S.C. 3852(c); 33 5,437 1.01636 5,526

      CFR 27.3.

      Page 8576

      Hazardous Substances, Releases, 42 U.S.C. 9609(a); 33 53,907 1.01636 54,789

      Liability, Compensation (Class I). CFR 27.3.

      Hazardous Substances, Releases, 42 U.S.C. 9609(b); 33 53,907 1.01636 54,789

      Liability, Compensation (Class II). CFR 27.3.

      Hazardous Substances, Releases, 42 U.S.C. 9609(b); 33 161,721 1.01636 164,367

      Liability, Compensation (Class II CFR 27.3.

      subsequent offense).

      Hazardous Substances, Releases, 42 U.S.C. 9609(c); 33 53,907 1.01636 54,789

      Liability, Compensation (Judicial CFR 27.3.

      Assessment).

      Hazardous Substances, Releases, 42 U.S.C. 9609(c); 33 161,721 1.01636 164,367

      Liability, Compensation (Judicial CFR 27.3.

      Assessment subsequent offense).

      Safe Containers for International 46 U.S.C. App 1505(a)(2) 5,893 1.01636 5,989

      Cargo. (codified as 46 USC

      80509); 33 CFR 27.3.

      Suspension of Passenger Service....... 46 U.S.C. App 1805(c)(2) 58,929 1.01636 59,893

      (codified 46 USC

      70305); 33 CFR 27.3.

      Vessel Inspection or Examination Fees. 46 U.S.C. 2110(e); 33 8,908 1.01636 9,054

      CFR 27.3.

      Alcohol and Dangerous Drug Testing.... 46 U.S.C. 2115; 33 CFR 7,251 1.01636 7,370

      27.3.

      Negligent Operations: Recreational 46 U.S.C. 2302(a); 33 6,559 1.01636 6,666

      Vessels. CFR 27.3.

      Negligent Operations: Other Vessels... 46 U.S.C. 2302(a); 33 32,796 1.01636 33,333

      CFR 27.3.

      Operating a Vessel While Under the 46 U.S.C. 2302(c)(1); 33 7,251 1.01636 7,370

      Influence of Alcohol or a Dangerous CFR 27.3.

      Drug.

      Vessel Reporting Requirements: Owner, 46 U.S.C. 2306(a)(4); 33 11,293 1.01636 11,478

      Charterer, Managing Operator, or CFR 27.3.

      Agent.

      Vessel Reporting Requirements: Master. 46 U.S.C. 2306(b)(2); 33 2,259 1.01636 2,296

      CFR 27.3.

      Immersion Suits....................... 46 U.S.C. 3102(c)(1); 33 11,293 1.01636 11,478

      CFR 27.3.

      Inspection Permit..................... 46 U.S.C. 3302(i)(5); 33 2,355 1.01636 2,394

      CFR 27.3.

      Vessel Inspection; General............ 46 U.S.C. 3318(a); 33 11,293 1.01636 11,478

      CFR 27.3.

      Vessel Inspection; Nautical School 46 U.S.C. 3318(g); 33 11,293 1.01636 11,478

      Vessel. CFR 27.3.

      Vessel Inspection; Failure to Give 46 U.S.C. 3318(h); 33 2,259 1.01636 2,296

      Notice IAW 3304(b). CFR 27.3.

      Vessel Inspection; Failure to Give 46 U.S.C. 3318(i); 33 2,259 1.01636 2,296

      Notice IAW 3309(c). CFR 27.3.

      Vessel Inspection; Vessel >= 1600 46 U.S.C. 3318(j)(1); 33 22,587 1.01636 22,957

      Gross Tons. CFR 27.3.

      Vessel Inspection; Vessel =1600 Gross Tons..... 22,957

      46 U.S.C. 3318(j)(1).......................... Vessel Inspection; Vessel