Civil Monetary Penalty Adjustments for Inflation
Published date | 05 April 2019 |
Citation | 84 FR 13499 |
Record Number | 2019-06745 |
Section | Rules and Regulations |
Court | Coast Guard,Transportation Security Administration,U.s. Customs And Border Protection |
Federal Register, Volume 84 Issue 66 (Friday, April 5, 2019)
[Federal Register Volume 84, Number 66 (Friday, April 5, 2019)] [Rules and Regulations] [Pages 13499-13513] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2019-06745] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. ======================================================================== Federal Register / Vol. 84, No. 66 / Friday, April 5, 2019 / Rules and Regulations [[Page 13499]] DEPARTMENT OF HOMELAND SECURITY 6 CFR Part 27 8 CFR Parts 270, 274a, and 280 U.S. Customs and Border Protection 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 (DHS) is making the 2019 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 2019 pursuant to the 2015 Act and OMB guidance. The new penalties will be effective for penalties assessed after April 5, 2019 whose associated violations occurred after November 2, 2015. DATES: This rule is effective on April 5, 2019. 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. Cybersecurity and Infrastructure Security Agency 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 113563 B. Regulatory Flexibility Act C. Unfunded Mandates Reform Act D. Paperwork Reduction Act VI. Signing Authority 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, 2015)) (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.\3\ 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.\4\ 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.\5\ DHS made the 2018 annual inflation adjustment on April 2, 2018.\6\ --------------------------------------------------------------------------- \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\ See 81 FR 42987. \4\ 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). \5\ See 82 FR 8572. \6\ See 83 FR 13826. --------------------------------------------------------------------------- II. Overview of the Final Rule This final rule makes the 2019 annual inflation adjustments to civil monetary penalties pursuant to the 2015 Act and pursuant to guidance OMB issued to agencies on December 14, 2018.\7\ The penalty amounts in this final rule will be effective for penalties assessed after April 5, 2019 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. --------------------------------------------------------------------------- \7\ OMB Memorandum M-19-04, Implementation of Penalty Inflation Adjustments for 2019, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Dec. 14, 2018. Available at https://www.whitehouse.gov/wp-content/uploads/2017/11/m_19_04.pdf. --------------------------------------------------------------------------- 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 [[Page 13500]] 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 2019. 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 2019 that OMB provided in its December 14, 2018 guidance, and (5) the new 2019 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. 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. Cybersecurity and Infrastructure Security Agency The Cybersecurity and Infrastructure Security Agency (CISA) (formerly the National Protection and Programs Directorate (NPPD)) \8\ 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).\9\ The CFATS regulation is located in part 27 of title 6 of the Code of Federal Regulations (CFR). Below is a table showing the 2019 adjustment for the CFATS penalty that CISA administers. --------------------------------------------------------------------------- \8\ On November 16, 2018, the Cybersecurity and Infrastructure Security Agency Act of 2018 (Pub. L. 115-278), was enacted to redesignate NPPD as CISA. Henceforth, CISA is the DHS operational component responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs. \9\ 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. Public Law 113-254 authorized the CFATS program from January 18, 2015 to January 17, 2019. The Chemical Facility Anti-Terrorism Standards Program Extension Act (Pub. L. 116-2) extends the CFATS program authorization to April 17, 2020. DHS is adding these citations to the authority citation for part 27 of title 6 of the Code of Federal Regulations. Table 1--CFATS Civil Penalty Adjustment ---------------------------------------------------------------------------------------------------------------- New penalty as Penalty name Citation Penalty amount as Multiplier * adjusted by this adjusted in the 2018 FR final rule ---------------------------------------------------------------------------------------------------------------- Penalty for non-compliance 6 U.S.C. $34,013 per day.......... 1.02522 $34,871 with CFATS regulations. 624(b)(1); 6 CFR 27.300(b)(3). ---------------------------------------------------------------------------------------------------------------- * OMB Memorandum M-19-04, Implementation of Penalty Inflation Adjustments for 2019, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Dec. 14, 2018. https://www.whitehouse.gov/wp-content/uploads/2017/11/m_19_04.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--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.\10\ The three penalties concerned 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. On December 28, 2018, CBP adjusted two additional non- INA penalties inadvertently left out of the IFR and 2018 final rule.\11\ The two penalties concern the following violations: Transporting passengers coastwise for hire by certain vessels (known as Bowaters vessels) that do not meet specified conditions; and employing a vessel in a trade without a required Certificate of Documentation. This final rule incorporates these penalties, in addition to the other CBP penalties, and adjusts them according to the 2019 multiplier. --------------------------------------------------------------------------- \10\ See 82 FR 57821. \11\ See 83 FR 67069. --------------------------------------------------------------------------- Below is a table showing the 2019 adjustment for the penalties that CBP administers. Table 2--U.S. Customs and Border Protection Civil Penalties Adjustments -------------------------------------------------------------------------------------------------------------------------------------------------------- Penalty amount as adjusted in the New penalty as adjusted by this Penalty name Citation 2018 FR Multiplier * final rule -------------------------------------------------------------------------------------------------------------------------------------------------------- Penalties for non-compliance with 8 U.S.C. 1221(g); 8 CFR $1,360............................ 1.02522 $1,394. arrival and departure manifest 280.53(b)(1) (INA requirements for passengers, section 231(g)). crewmembers, or occupants transported on commercial vessels or aircraft arriving to or departing from the United States. [[Page 13501]] Penalties for non-compliance with 8 U.S.C. 1224; 8 CFR 3,695............................. 1.02522 3,788. landing requirements at designated 280.53(b)(2); (INA ports of entry for aircraft section 234). transporting aliens. Penalties for failure to depart 8 U.S.C. 1229c(d); 8 CFR 1,558-7,791....................... 1.02522 1,597-7,987. voluntarily. 280.53(b)(3) (INA section 240B(d)). Penalties for violations of removal 8 U.S.C. 1253(c)(1)(A); 8 3,116............................. 1.02522 3,195. orders relating to aliens transported CFR 280.53(b)(4); (INA on vessels or aircraft under section 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 alien 8 U.S.C. 1253(c)(1)(B); 8 7,791............................. 1.02522 7,987. stowaways under section 241(d)(2) of CFR 280.53(b)(5) (INA the INA. section 243(c)(1)(B)). Penalties for failure to report an 8 U.S.C. 1281(d); 8 CFR 369 for each alien................ 1.02522 378. illegal landing or desertion of alien 280.53(b)(6); (INA crewmen, and for each alien not section 251(d)). reported on arrival or departure manifest or lists required in accordance with section 251 of the INA. Penalties for use of alien crewmen for 8 U.S.C. 1281(d); 8 CFR 9,239............................. 1.02522 9,472. longshore work in violation of 280.53(b)(6); (INA section 251(d) of the INA. section 251(d)). Penalties for failure to control, 8 U.S.C. 1284(a); 8 CFR 924-5,543......................... 1.02522 947-5,683. detain, or remove alien crewmen. 280.53(b)(7) (INA section 254(a)). Penalties for employment on passenger 8 U.S.C. 1285; 8 CFR 1,848............................. 1.02522 1,895. vessels of aliens afflicted with 280.53(b)(8) (INA certain disabilities. section 255). Penalties for discharge of alien 8 U.S.C. 1286; 8 CFR 2,771-5,543....................... 1.02522 2,841-5,683. crewmen. 280.53(b)(9) (INA section 256). Penalties for bringing into the United 8 U.S.C. 1287; 8 CFR 18,477............................ 1.02522 18,943. States alien crewmen with intent to 280.53(b)(10); (INA evade immigration laws. section 257). Penalties for failure to prevent the 8 U.S.C. 1321(a); 8 CFR 5,543............................. 1.02522 5,683. unauthorized landing of aliens. 280.53(b)(11) (INA section 271(a)). Penalties for bringing to the United 8 U.S.C. 1322(a); 8 CFR 5,543............................. 1.02522 5,683. States aliens subject to denial of 280.53(b)(12) (INA admission on a health-related ground. section 272(a)). Penalties for bringing to the United 8 U.S.C. 1323(b); 8 CFR 5,543............................. 1.02522 5,683. States aliens without required 280.53(b)(13) (INA documentation. section 273(b)). Penalties for failure to depart....... 8 U.S.C. 1324d; 8 CFR 779............................... 1.02522 799. 280.53(b)(14) (INA section 274D). Penalties for improper entry.......... 8 U.S.C. 1325(b); 8 CFR 78-390............................ 1.02522 80-400. 280.53(b)(15) (INA section 275(b)). Penalty for dealing in or using empty 19 U.S.C. 469............ 518............................... 1.02522 *** 531. stamped imported liquor containers. Penalty for employing a vessel in a 19 U.S.C. 1706a; 19 CFR 1296.............................. 1.02522 1329. trade without a required Certificate 4.80(i). of Documentation **. Penalty for transporting passengers 46 U.S.C. 12118(f)(3).... 518............................... 1.02522 *** 531. coastwise for hire by certain vessels (known as Bowaters vessels) that do not meet specified conditions **. Penalty for transporting passengers 46 U.S.C. 55103(b); 19 778............................... 1.02522 798. between coastwise points in the CFR 4.80(b)(2). United States by a non-coastwise qualified vessel. Penalty for towing a vessel between 46 U.S.C. 55111(c); 19 907-2852, plus 155 per ton........ 1.02522 930-2,924, plus 159 per ton. coastwise points in the United States CFR 4.92. by a non-coastwise qualified vessel. -------------------------------------------------------------------------------------------------------------------------------------------------------- * OMB Memorandum M-19-04, Implementation of Penalty Inflation Adjustments for 2019, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Dec. 14, 2018. https://www.whitehouse.gov/wp-content/uploads/2017/11/m_19_04.pdf. ** Adjustments made in the December 28, 2018 final rule, 83 FR 67069. *** No applicable conforming edit to regulatory text. [[Page 13502]] 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), the employment of unauthorized aliens, and document fraud. 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 2019 adjustment for the penalties that ICE administers.\12\ --------------------------------------------------------------------------- \12\ Table 3 also includes two civil penalties that are also listed as penalties administered by CBP. 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 also listed among the penalties ICE administers. 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 2018 FR final rule ---------------------------------------------------------------------------------------------------------------- Civil penalties for failure to 8 U.S.C. 1229c(d); 8 $1,558-$7,791 1.02522 $1,597-$7,987 depart voluntarily, INA section CFR 280.53(b)(3). 240B(d). Civil penalties for violation of 8 CFR 461-3,695 1.02522 473-3,788 INA sections 274C(a)(1)-(a)(4), 270.3(b)(1)(ii)(A). penalty for first offense. Civil penalties for violation of 8 CFR 390-3,116 1.02522 400-3,195 INA sections 274C(a)(5)-(a)(6), 270.3(b)(1)(ii)(B). penalty for first offense. Civil penalties for violation of 8 CFR 3,695-9,239 1.02522 3,788-9,472 INA sections 274C(a)(1)-(a)(4), 270.3(b)(1)(ii)(C). penalty for subsequent offenses. Civil penalties for violation of 8 CFR 3,116-7,791 1.02522 3,195-7,987 INA sections 274C(a)(5)-(a)(6), 270.3(b)(1)(ii)(D). penalty for subsequent offenses. Violation/prohibition of indemnity 8 CFR 274a.8(b)..... 2,236 1.02522 2,292 bonds. Civil penalties for knowingly 8 CFR 559-4,473 1.02522 573-4,586 hiring, recruiting, referral, or 274a.10(b)(1)(ii)(A retention of unauthorized aliens-- ). Penalty for first offense (per unauthorized alien). Penalty for second offense (per 8 CFR 4,473-11,181 1.02522 4,586-11,463 unauthorized alien). 274a.10(b)(1)(ii)(B ). Penalty for third or subsequent 8 CFR 6,709-22,363 1.02522 6,878-22,927 offense (per unauthorized alien). 274a.10(b)(1)(ii)(C ). Civil penalties for I-9 paperwork 8 CFR 274a.10(b)(2). 224-2,236 1.02522 230-2,292 violations. Civil penalties for failure to 8 U.S.C. 1324d; 8 779 1.02522 \13\ 799 depart, INA section 274D. CFR 280.53(b)(14). ---------------------------------------------------------------------------------------------------------------- * OMB Memorandum M-19-04, Implementation of Penalty Inflation Adjustments for 2019, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Dec. 14, 2018. https://www.whitehouse.gov/wp-content/uploads/2017/11/m_19_04.pdf. --------------------------------------------------------------------------- \13\ As written prior to this final rule, the regulatory text at 8 CFR 280.53(b)(14) did not make clear that the amount stated is a maximum. The statutory authority for the penalty, 8 U.S.C. 1324d, is clear that the amount reflects a maximum penalty. Thus, consistent with the statutory authority, and to prevent any confusion, DHS is making a technical clarification with this final rule by adding the word ``maximum'' to paragraph (b)(14). --------------------------------------------------------------------------- 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.\14\ --------------------------------------------------------------------------- \14\ The Frank LoBiondo Coast Guard Authorization Act of 2018 re-designated certain existing sections of the United States Code, including 14 U.S.C. 88 (now 14 U.S.C. 521) and 33 U.S.C. 1232 and 1236 (now 46 U.S.C. 70036 and 70041). The revised table reflects those changes to the statutory citations. --------------------------------------------------------------------------- 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 2019 adjustment for the penalties that the Coast Guard administers. [[Page 13503]] Table 4--U.S. Coast Guard Civil Penalties Adjustments ---------------------------------------------------------------------------------------------------------------- Penalty amount as New penalty as Penalty name Citation adjusted in the Multiplier * adjusted by this 2018 FR final rule ---------------------------------------------------------------------------------------------------------------- Saving Life and Property.......... 14 U.S.C. 521(c).... $10,389 1.02522 $10,651 Saving Life and Property; 14 U.S.C. 521(e).... 1,066 1.02522 1,093 Intentional Interference with Broadcast. Confidentiality of Medical Quality 14 U.S.C. 645(i); 33 5,218 1.02522 5,350 Assurance Records (first offense). CFR 27.3. Confidentiality of Medical Quality 14 U.S.C. 645(i); 33 34,791 1.02522 35,668 Assurance Records (subsequent CFR 27.3. offenses). Aquatic Nuisance Species in Waters 16 U.S.C. 38,954 1.02522 39,936 of the United States. 4711(g)(1); 33 CFR 27.3. Obstruction of Revenue Officers by 19 U.S.C. 70; 33 CFR 7,779 1.02522 7,975 Masters of Vessels. 27.3. Obstruction of Revenue Officers by 19 U.S.C. 70; 33 CFR 1,815 1.02522 1,861 Masters of Vessels--Minimum 27.3. 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 33 U.S.C. 471; 33 11,279 1.02522 11,563 Regulations General. CFR 27.3. Anchorage Ground/Harbor 33 U.S.C. 474; 33 778 1.02522 798 Regulations St. Mary's river. CFR 27.3. Bridges/Failure to Comply with 33 U.S.C. 495(b); 33 28,474 1.02522 29,192 Regulations. CFR 27.3. Bridges/Drawbridges............... 33 U.S.C. 499(c); 33 28,474 1.02522 29,192 CFR 27.3. Bridges/Failure to Alter Bridge 33 U.S.C. 502(c); 33 28,474 1.02522 29,192 Obstructing Navigation. CFR 27.3. Bridges/Maintenance and Operation. 33 U.S.C. 533(b); 33 28,474 1.02522 29,192 CFR 27.3. Bridge to Bridge Communication; 33 U.S.C. 1208(a); 2,074 1.02522 2,126 Master, Person in Charge or Pilot. 33 CFR 27.3. Bridge to Bridge Communication; 33 U.S.C. 1208(b); 2,074 1.02522 2,126 Vessel. 33 CFR 27.3. Oil/Hazardous Substances: 33 U.S.C. 18,477 1.02522 18,943 Discharges (Class I per 1321(b)(6)(B)(i); violation). 33 CFR 27.3. Oil/Hazardous Substances: 33 U.S.C. 46,192 1.02522 47,357 Discharges (Class I total under 1321(b)(6)(B)(i); paragraph). 33 CFR 27.3. Oil/Hazardous Substances: 33 U.S.C. 18,477 1.02522 18,943 Discharges (Class II per day of 1321(b)(6)(B)(ii); violation). 33 CFR 27.3. Oil/Hazardous Substances: 33 U.S.C. 230,958 1.02522 236,783 Discharges (Class II total under 1321(b)(6)(B)(ii); paragraph). 33 CFR 27.3. Oil/Hazardous Substances: 33 U.S.C. 46,192 1.02522 47,357 Discharges (per day of violation) 1321(b)(7)(A); 33 Judicial Assessment. CFR 27.3. Oil/Hazardous Substances: 33 U.S.C. 1,848 1.02522 1,895 Discharges (per barrel of oil or 1321(b)(7)(A); 33 unit discharged) Judicial CFR 27.3. Assessment. Oil/Hazardous Substances: Failure 33 U.S.C. 46,192 1.02522 47,357 to Carry Out Removal/Comply With 1321(b)(7)(B); 33 Order (Judicial Assessment). CFR 27.3. Oil/Hazardous Substances: Failure 33 U.S.C. 46,192 1.02522 47,357 to Comply with Regulation Issued 1321(b)(7)(C); 33 Under 1321(j) (Judicial CFR 27.3. Assessment). Oil/Hazardous Substances: 33 U.S.C. 5,543 1.02522 5,683 Discharges, Gross Negligence (per 1321(b)(7)(D); 33 barrel of oil or unit discharged) CFR 27.3. Judicial Assessment. Oil/Hazardous Substances: 33 U.S.C. 184,767 1.02522 189,427 Discharges, Gross Negligence-- 1321(b)(7)(D); 33 Minimum Penalty (Judicial CFR 27.3. Assessment). Marine Sanitation Devices; 33 U.S.C. 1322(j); 7,779 1.02522 7,975 Operating. 33 CFR 27.3. Marine Sanitation Devices; Sale or 33 U.S.C. 1322(j); 20,742 1.02522 21,265 Manufacture. 33 CFR 27.3. International Navigation Rules; 33 U.S.C. 1608(a); 14,543 1.02522 14,910 Operator. 33 CFR 27.3. International Navigation Rules; 33 U.S.C. 1608(b); 14,543 1.02522 14,910 Vessel. 33 CFR 27.3. Pollution from Ships; General..... 33 U.S.C. 72,718 1.02522 74,552 1908(b)(1); 33 CFR 27.3. Pollution from Ships; False 33 U.S.C. 14,543 1.02522 14,910 Statement. 1908(b)(2); 33 CFR 27.3. [[Page 13504]] Inland Navigation Rules; Operator. 33 U.S.C. 2072(a); 14,543 1.02522 14,910 33 CFR 27.3. Inland Navigation Rules; Vessel... 33 U.S.C. 2072(b); 14,543 1.02522 14,910 33 CFR 27.3. Shore Protection; General......... 33 U.S.C. 2609(a); 51,302 1.02522 52,596 33 CFR 27.3. Shore Protection; Operating 33 U.S.C. 2609(b); 20,521 1.02522 21,039 Without Permit. 33 CFR 27.3. Oil Pollution Liability and 33 U.S.C. 2716a(a); 46,192 1.02522 47,357 Compensation. 33 CFR 27.3. Clean Hulls....................... 33 U.S.C. 42,292 1.02522 43,359 3852(a)(1)(A); 33 CFR 27.3. Clean Hulls-related to false 33 U.S.C. 56,391 1.02522 57,813 statements. 3852(a)(1)(A); 33 CFR 27.3. Clean Hulls--Recreational Vessel.. 33 U.S.C. 3852(c); 5,639 1.02522 5,781 33 CFR 27.3. Hazardous Substances, Releases, 42 U.S.C. 9609(a); 55,907 1.02522 57,317 Liability, Compensation (Class I). 33 CFR 27.3. Hazardous Substances, Releases, 42 U.S.C. 9609(b); 55,907 1.02522 57,317 Liability, Compensation (Class 33 CFR 27.3. II). Hazardous Substances, Releases, 42 U.S.C. 9609(b); 167,722 1.02522 171,952 Liability, Compensation (Class II 33 CFR 27.3. subsequent offense). Hazardous Substances, Releases, 42 U.S.C. 9609(c); 55,907 1.02522 57,317 Liability, Compensation (Judicial 33 CFR 27.3. Assessment). Hazardous Substances, Releases, 42 U.S.C. 9609(c); 167,722 1.02522 171,952 Liability, Compensation (Judicial 33 CFR 27.3. Assessment subsequent offense). Safe Containers for International 46 U.S.C. App 6,111 1.02522 6,265 Cargo. 1505(a)(2) (codified as 46 U.S.C. 80509); 33 CFR 27.3. Suspension of Passenger Service... 46 U.S.C. App 61,115 1.02522 62,656 1805(c)(2) (codified 46 U.S.C. 70305); 33 CFR 27.3. Vessel Inspection or Examination 46 U.S.C. 2110(e); 9,239 1.02522 9,472 Fees. 33 CFR 27.3. Alcohol and Dangerous Drug Testing 46 U.S.C. 2115; 33 7,520 1.02522 7,710 CFR 27.3. Negligent Operations: Recreational 46 U.S.C. 2302(a); 6,802 1.02522 6,974 Vessels. 33 CFR 27.3. Negligent Operations: Other 46 U.S.C. 2302(a); 34,013 1.02522 34,871 Vessels. 33 CFR 27.3. Operating a Vessel While Under the 46 U.S.C. 7,520 1.02522 7,710 Influence of Alcohol or a 2302(c)(1); 33 CFR Dangerous Drug. 27.3. Vessel Reporting Requirements: 46 U.S.C. 11,712 1.02522 12,007 Owner, Charterer, Managing 2306(a)(4); 33 CFR Operator, or Agent. 27.3. Vessel Reporting Requirements: 46 U.S.C. 2,343 1.02522 2,402 Master. 2306(b)(2); 33 CFR 27.3. Immersion Suits................... 46 U.S.C. 11,712 1.02522 12,007 3102(c)(1); 33 CFR 27.3. Inspection Permit................. 46 U.S.C. 2,443 1.02522 2,505 3302(i)(5); 33 CFR 27.3. Vessel Inspection; General........ 46 U.S.C. 3318(a); 11,712 1.02522 12,007 33 CFR 27.3. Vessel Inspection; Nautical School 46 U.S.C. 3318(g); 11,712 1.02522 12,007 Vessel. 33 CFR 27.3. Vessel Inspection; Failure to Give 46 U.S.C. 3318(h); 2,343 1.02522 2,402 Notice IAW 3304(b). 33 CFR 27.3. Vessel Inspection; Failure to Give 46 U.S.C. 3318(i); 2,343 1.02522 2,402 Notice IAW 3309(c). 33 CFR 27.3. Vessel Inspection; Vessel >=1,600 46 U.S.C. 23,426 1.02522 24,017 Gross Tons. 3318(j)(1); 33 CFR 27.3. Vessel Inspection; Vessel https://www.whitehouse.gov/wp-content/uploads/2017/11/m_19_04.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), (4), (5), 49 U.S.C. 46301(d)(8), and 49 U.S.C. 114(v),\15\ 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),\16\ 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 2019 adjustment for the penalties that TSA administers. --------------------------------------------------------------------------- \15\ 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)). \16\ See, e.g., 46 U.S.C. 70105, 49 U.S.C. 46302 and 46303, and 49 U.S.C. chapter 449. [[Page 13507]] Table 5--Transportation Security Administration Civil Penalties Adjustments -------------------------------------------------------------------------------------------------------------------------------------------------------- Penalty amount as adjusted in New penalty as adjusted by this Penalty name Citation the 2018 FR Multiplier * final rule -------------------------------------------------------------------------------------------------------------------------------------------------------- Violation of 49 U.S.C. ch. 449 (except 49 U.S.C. 46301(a)(1), $33,333 (up to a total of 1.02522 $34,174 (up to a total of secs. 44902, 44903(d), 44907(a)- (4), (5); 49 U.S.C. $533,324 per civil penalty $546,774 per civil penalty (d)(1)(A), 44907(d)(1)(C)-(f), 44908, and 46301(d)(8); 49 CFR action). action). 44909), or 49 U.S.C. 46302 or 46303, a 1503.401(c)(3) 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 (except 49 U.S.C. 46301(a)(1), $13,333 (up to a total of 1.02522 $13,669 (up to a total of secs. 44902, 44903(d), 44907(a)- (4), (5); 49 U.S.C. $66,666 total for small $68,347 total for small (d)(1)(A), 44907(d)(1)(C)-(f), 44908, and 46301(d)(8); 49 CFR businesses, $533,324 for business, $546,774 for others). 44909), or 49 U.S.C. 46302 or 46303, a 1503.401(c)(1) and (2). others). regulation prescribed, 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 of title 49 U.S.C. 114(v); 49 CFR $11,410 (up to a total of 1.02522 $11,698 (up to a total of 49 U.S.C. or of 46 U.S.C. ch. 701, a 1503.401(b). $57,051 total for small $58,490 total for small regulation prescribed, or order issued businesses, $456,409 for businesses, $467,920 for thereunder. others). others). -------------------------------------------------------------------------------------------------------------------------------------------------------- * OMB Memorandum M-19-04, Implementation of Penalty Inflation Adjustments for 2019, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Dec. 14, 2018. https://www.whitehouse.gov/wp-content/uploads/2017/11/m_19_04.pdf. IV. 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. Further, as described above, this rule also makes to minor amendments to the regulations to reflect clear statutory authority, and DHS finds that prior notice and comment procedures for these amendments are unnecessary. V. Regulatory Analyses A. Executive Orders 12866 and 13563 Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. OMB has not designated this final rule a ``significant regulatory action'' under section 3(f) of Executive Order 12866. Accordingly, OMB has not reviewed this rule. This final rule makes nondiscretionary adjustments to existing civil monetary penalties in accordance with the 2015 Act and OMB guidance.\17\ 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. --------------------------------------------------------------------------- \17\ OMB Memorandum M-19-04, Implementation of Penalty Inflation Adjustments for 2019, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Dec. 14, 2018. https://www.whitehouse.gov/wp-content/uploads/2017/11/m_19_04.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. VI. Signing Authority The amendments to 19 CFR part 4 in this document are issued in accordance with 19 CFR 0.2(a), which provides that the authority of the Secretary of the Treasury with respect to CBP regulations that are not related to customs revenue functions was transferred to the Secretary of Homeland Security pursuant to Section 403(l) of the Homeland Security Act of 2002. Accordingly, this final rule to amend [[Page 13508]] such regulations may be signed by the Secretary of Homeland Security (or his or her delegate). 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 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 is revised 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; Pub. L. 113-254, 128 Stat. 2898, as amended by Pub. L. 116-2, 133 Stat. 5. 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 $34,871 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 $473 and not exceeding $3,788 for each fraudulent document or each proscribed activity described in section 274C(a)(1) through (a)(4) of the Act after November 22, 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 $400 and not exceeding $3,195 for each fraudulent document or each proscribed activity described in section 274C(a)(5) or (a)(6) of the Act after November 22, 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 $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 $3,788 and not more than $9,472 for each fraudulent document or each proscribed activity described in section 274C(a)(1) through (a)(4) of the Act after November 22, 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 $3,195 and not more than $7,987 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 $2,292 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 the first [[Page 13509]] sentence of paragraph (b)(2) to read as follows: Sec. 274a.10 Penalties. * * * * * (b) * * * (1) * * * (ii) * * * (A) First offense--not less than $275 and not more than $2,200 for each unauthorized alien with respect to whom the offense occurred before March 27, 2008; not less than $375 and not exceeding $3,200, for each unauthorized alien with respect to whom the offense occurred occurring on or after March 27, 2008 and on or before November 2, 2015; and not less than $573 and not more than $4,586 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 $4,586 and not more than $11,463 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 $6,878 and not more than $22,927 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 $230 and not more than $2,292 for each individual with respect to whom such violation occurred after November 2, 2015. * * * * * * * * 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 $1,360 to $1,394. (2) Section 234 of the Act, Penalties for non-compliance with landing requirements at designated ports of entry for aircraft transporting aliens: From $3,695 to $3,788. (3) Section 240B(d) of the Act, Penalties for failure to depart voluntarily: From $1,558 minimum/$7,791 maximum to $1,597 minimum/ $7,987 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 $3,116 to $3,195. (5) Penalties for failure to remove alien stowaways under section 241(d)(2): From $7,791 to $7,987. (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 $369 to $378; and penalties for use of alien crewmen for longshore work in violation of section 251(d) of the Act: From $9,239 to $9,472. (7) Section 254(a) of the Act, Penalties for failure to control, detain, or remove alien crewmen: From $924 minimum/$5,543 maximum to $947 minimum/$5,683 maximum. (8) Section 255 of the Act, Penalties for employment on passenger vessels of aliens afflicted with certain disabilities: From $1,848 to $1,895. (9) Section 256 of the Act, Penalties for discharge of alien crewmen: From $2,771 minimum/$5,543 maximum to $2,841 minimum/$5,683 maximum. (10) Section 257 of the Act, Penalties for bringing into the United States alien crewmen with intent to evade immigration laws: From $18,477 maximum to $18,943 maximum. (11) Section 271(a) of the Act, Penalties for failure to prevent the unauthorized landing of aliens: From $5,543 to $5,683. (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 $5,543 to $5,683. (13) Section 273(b) of the Act, Penalties for bringing to the United States aliens without required documentation: From $5,543 to $5,683. (14) Section 274D of the Act, Penalties for failure to depart: From $779 maximum to $799 maximum, for each day the alien is in violation. (15) Section 275(b) of the Act, Penalties for improper entry: From $78 minimum/$390 maximum to $80 minimum/$400 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 paragraphs (b)(2) and (i) 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 $798 for each passenger so transported and landed after November 2, 2015 (46 U.S.C. 55103, as adjusted by the Federal Civil Penalties Inflation [[Page 13510]] Adjustment Act Improvements Act of 2015). * * * * * (i) Any vessel, entitled to be documented and not so documented, employed in a trade for which a Certificate of Documentation is issued under the vessel documentation laws (see Sec. 4.0(c)), other than a trade covered by a registry, is liable to a civil penalty of $500 for each port at which it arrives without the proper Certificate of Documentation on or before November 2, 2015, and $1329 for each port at which it arrives without the proper Certificate of Documentation after November 2, 2015 (19 U.S.C. 1706a, as adjusted by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015). If such a vessel has on board any foreign merchandise (sea stores excepted), or any domestic taxable alcoholic beverages, on which the duty and taxes have not been paid or secured to be paid, the vessel and its cargo are subject to seizure and forfeiture. 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 $930 to $2,924 against the owner or master of the towing vessel and a further penalty against the towing vessel of $159 per ton of the towed vessel (46 U.S.C. 55111, as adjusted by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015). Title 33--Navigation and Navigable Waters PART 27--ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION 0 13. The authority citation for part 27 continues to read as follows: Authority: Secs. 1-6, Pub. L. 101-410, 104 Stat. 890, as amended by Sec. 31001(s)(1), Pub. L. 104-134, 110 Stat. 1321 (28 U.S.C. 2461 note); Department of Homeland Security Delegation No. 0170.1, sec. 2 (106). 0 14. In Sec. 27.3, revise the third sentence of the introductory text and table 1 to read as follows: Sec. 27.3 Penalty adjustment table. * * * The adjusted civil penalty amounts listed in Table 1 are applicable for penalty assessments issued after April 5, 2019, with respect to violations occurring after November 2, 2015. * * * Table 1--Civil Monetary Penalty Inflation Adjustments ---------------------------------------------------------------------------------------------------------------- 2019 Adjusted U.S. Code citation Civil monetary penalty description maximum penalty amount ($) ---------------------------------------------------------------------------------------------------------------- 14 U.S.C. 521(c)........................................ Saving Life and Property........... $10,651 14 U.S.C. 521(e)........................................ Saving Life and Property; 1,093 Intentional Interference with Broadcast. 14 U.S.C. 645(i)........................................ Confidentiality of Medical Quality 5,350 Assurance Records (first offense). 14 U.S.C. 645(i)........................................ Confidentiality of Medical Quality 35,668 Assurance Records (subsequent offenses). 16 U.S.C. 4711(g)(1).................................... Aquatic Nuisance Species in Waters 39,936 of the United States. 19 U.S.C. 70............................................ Obstruction of Revenue Officers by 7,975 Masters of Vessels. 19 U.S.C. 70............................................ Obstruction of Revenue Officers by 1,861 Masters of Vessels--Minimum Penalty. 19 U.S.C. 1581(d)....................................... Failure to Stop Vessel When 5,000 Directed; Master, Owner, Operator or Person in Charge \1\. 19 U.S.C. 1581(d)....................................... Failure to Stop Vessel When 1,000 Directed; Master, Owner, Operator or Person in Charge--Minimum Penalty \1\. 33 U.S.C. 471........................................... Anchorage Ground/Harbor Regulations 11,563 General. 33 U.S.C. 474........................................... Anchorage Ground/Harbor Regulations 798 St. Mary's River. 33 U.S.C. 495(b)........................................ Bridges/Failure to Comply with 29,192 Regulations. 33 U.S.C. 499(c)........................................ Bridges/Drawbridges................ 29,192 33 U.S.C. 502(c)........................................ Bridges/Failure to Alter Bridge 29,192 Obstructing Navigation. 33 U.S.C. 533(b)........................................ Bridges/Maintenance and Operation.. 29,192 33 U.S.C. 1208(a)....................................... Bridge to Bridge Communication; 2,126 Master, Person in Charge or Pilot. 33 U.S.C. 1208(b)....................................... Bridge to Bridge Communication; 2,126 Vessel. 33 U.S.C. 1321(b)(6)(B)(i).............................. Oil/Hazardous Substances: 18,943 Discharges (Class I per violation). 33 U.S.C. 1321(b)(6)(B)(i).............................. Oil/Hazardous Substances: 47,357 Discharges (Class I total under paragraph). 33 U.S.C. 1321(b)(6)(B)(ii)............................. Oil/Hazardous Substances: 18,943 Discharges (Class II per day of violation). 33 U.S.C. 1321(b)(6)(B)(ii)............................. Oil/Hazardous Substances: 236,783 Discharges (Class II total under paragraph). 33 U.S.C. 1321(b)(7)(A)................................. Oil/Hazardous Substances: 47,357 Discharges (per day of violation) Judicial Assessment. 33 U.S.C. 1321(b)(7)(A)................................. Oil/Hazardous Substances: 1,895 Discharges (per barrel of oil or unit discharged) Judicial Assessment. 33 U.S.C. 1321(b)(7)(B)................................. Oil/Hazardous Substances: Failure 47,357 to Carry Out Removal/Comply With Order (Judicial Assessment). 33 U.S.C. 1321(b)(7)(C)................................. Oil/Hazardous Substances: Failure 47,357 to Comply with Regulation Issued Under 1321(j) (Judicial Assessment). 33 U.S.C. 1321(b)(7)(D)................................. Oil/Hazardous Substances: 5,683 Discharges, Gross Negligence (per barrel of oil or unit discharged) Judicial Assessment. 33 U.S.C. 1321(b)(7)(D)................................. Oil/Hazardous Substances: 189,427 Discharges, Gross Negligence-- Minimum Penalty (Judicial Assessment). 33 U.S.C. 1322(j)....................................... Marine Sanitation Devices; 7,975 Operating. 33 U.S.C. 1322(j)....................................... Marine Sanitation Devices; Sale or 21,265 Manufacture. 33 U.S.C. 1608(a)....................................... International Navigation Rules; 14,910 Operator. 33 U.S.C. 1608(b)....................................... International Navigation Rules; 14,910 Vessel. 33 U.S.C. 1908(b)(1).................................... Pollution from Ships; General...... 74,552 33 U.S.C. 1908(b)(2).................................... Pollution from Ships; False 14,910 Statement. 33 U.S.C. 2072(a)....................................... Inland Navigation Rules; Operator.. 14,910 33 U.S.C. 2072(b)....................................... Inland Navigation Rules; Vessel.... 14,910 33 U.S.C. 2609(a)....................................... Shore Protection; General.......... 52,596 [[Page 13511]] 33 U.S.C. 2609(b)....................................... Shore Protection; Operating Without 21,039 Permit. 33 U.S.C. 2716a(a)...................................... Oil Pollution Liability and 47,357 Compensation. 33 U.S.C. 3852(a)(1)(A)................................. Clean Hulls; Civil Enforcement..... 43,359 33 U.S.C. 3852(a)(1)(A)................................. Clean Hulls; related to false 57,813 statements. 33 U.S.C. 3852(c)....................................... Clean Hulls; Recreational Vessels.. 5,781 42 U.S.C. 9609(a)....................................... Hazardous Substances, Releases, 57,317 Liability, Compensation (Class I). 42 U.S.C. 9609(b)....................................... Hazardous Substances, Releases, 57,317 Liability, Compensation (Class II). 42 U.S.C. 9609(b)....................................... Hazardous Substances, Releases, 171,952 Liability, Compensation (Class II subsequent offense). 42 U.S.C. 9609(c)....................................... Hazardous Substances, Releases, 57,317 Liability, Compensation (Judicial Assessment). 42 U.S.C. 9609(c)....................................... Hazardous Substances, Releases, 171,952 Liability, Compensation (Judicial Assessment subsequent offense). 46 U.S.C. 80509(a)...................................... Safe Containers for International 6,265 Cargo. 46 U.S.C. 70305(c)...................................... Suspension of Passenger Service.... 62,656 46 U.S.C. 2110(e)....................................... Vessel Inspection or Examination 9,472 Fees. 46 U.S.C. 2115.......................................... Alcohol and Dangerous Drug Testing. 7,710 46 U.S.C. 2302(a)....................................... Negligent Operations: Recreational 6,974 Vessels. 46 U.S.C. 2302(a)....................................... Negligent Operations: Other Vessels 34,871 46 U.S.C. 2302(c)(1).................................... Operating a Vessel While Under the 7,710 Influence of Alcohol or a Dangerous Drug. 46 U.S.C. 2306(a)(4).................................... Vessel Reporting Requirements: 12,007 Owner, Charterer, Managing Operator, or Agent. 46 U.S.C. 2306(b)(2).................................... Vessel Reporting Requirements: 2,402 Master. 46 U.S.C. 3102(c)(1).................................... Immersion Suits.................... 12,007 46 U.S.C. 3302(i)(5).................................... Inspection Permit.................. 2,505 46 U.S.C. 3318(a)....................................... Vessel Inspection; General......... 12,007 46 U.S.C. 3318(g)....................................... Vessel Inspection; Nautical School 12,007 Vessel. 46 U.S.C. 3318(h)....................................... Vessel Inspection; Failure to Give 2,402 Notice IAW 3304(b). 46 U.S.C. 3318(i)....................................... Vessel Inspection; Failure to Give 2,402 Notice IAW 3309(c). 46 U.S.C. 3318(j)(1).................................... Vessel Inspection; Vessel >=1,600 24,017 Gross Tons. 46 U.S.C. 3318(j)(1).................................... Vessel Inspection; Vessel