Civil Monetary Penalty Adjustments for Inflation
| Published date | 17 June 2020 |
| Citation | 85 FR 36469 |
| Record Number | 2020-11124 |
| Section | Rules and Regulations |
| Court | Coast Guard,Transportation Security Administration,U.s. Customs And Border Protection |
Federal Register, Volume 85 Issue 117 (Wednesday, June 17, 2020)
[Federal Register Volume 85, Number 117 (Wednesday, June 17, 2020)]
[Rules and Regulations]
[Pages 36469-36483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11124]
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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. 85, No. 117 / Wednesday, June 17, 2020 /
Rules and Regulations
[[Page 36469]]
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-AA95
Civil Monetary Penalty Adjustments for Inflation
AGENCY: Department of Homeland Security.
ACTION: Final rule.
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SUMMARY: In this final rule, the Department of Homeland Security (DHS)
is making the 2020 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
2020 pursuant to the 2015 Act and OMB guidance. The new penalties will
be effective for penalties assessed after June 17, 2020 whose
associated violations occurred after November 2, 2015.
DATES: This rule is effective on June 17, 2020.
FOR FURTHER INFORMATION CONTACT: Hillary Hunnings, 202-282-9043,
[email protected].
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 13563
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.
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\1\ The 2015 Act was 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 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 making the annual adjustment for
2017.\5\ DHS made the 2018 annual inflation adjustment on April 2,
2018.\6\ DHS made the 2019 annual inflation adjustment on April 5,
2019.\7\
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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 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 8571.
\6\ See 83 FR 13826.
\7\ See 84 FR 13499.
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II. Overview of the Final Rule
This final rule makes the 2020 annual inflation adjustments to
civil monetary penalties pursuant to the 2015 Act and pursuant to
guidance OMB issued to agencies on December 16, 2019.\8\ The penalty
amounts in this final rule will be effective for penalties assessed
after June 17, 2020 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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\8\ OMB Memorandum M-20-05, Implementation of Penalty Inflation
Adjustments for 2020, Pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015, Dec. 16, 2019.
Available at https://www.whitehouse.gov/wp-content/uploads/2019/12/M-20-05.pdf.
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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
[[Page 36470]]
relevant civil penalty (or penalties), and we provide a table showing
the increase in the penalties for 2020. 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 2019
final rule, (4) the cost-of-living adjustment multiplier for 2020 that
OMB provided in its December 16, 2019, guidance, and (5) the new 2020
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, the Cybersecurity and Infrastructure
Security Agency (CISA), U.S. Customs and Border Protection (CBP), U.S.
Immigration and Customs Enforcement (ICE), the U.S. Coast Guard (USCG),
and the Transportation Security Administration (TSA), assess. Other
components not mentioned do not impose any civil monetary penalties. 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)
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 2020 adjustment
for the CFATS penalty that CISA administers.
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\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.
Table 1--CFATS Civil Penalty Adjustment
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Penalty amount as adjusted in the New penalty as adjusted by this
Penalty name Citation 2019 FR Multiplier * final rule
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Penalty for non-compliance with CFATS 6 U.S.C. 624(b)(1); 6 CFR $34,871 per day................... 1.01764 $35,486 per day.
regulations. 27.300(b)(3).
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* OMB Memorandum M-20-05, Implementation of Penalty Inflation Adjustments for 2020, Pursuant to the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015, Dec. 16, 2019. Available at https://www.whitehouse.gov/wp-content/uploads/2019/12/M-20-05.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 2016 IFR preamble at
81 FR 42989-42990. For a complete list and brief description of the
non-INA civil monetary penalties assessed by CBP subject to adjustment
and a discussion of the history of DHS's and CBP's adjustments to the
non-INA penalties, see the 2019 annual inflation adjustment final rule
preamble at 84 FR 13500.
Below is a table showing the 2020 adjustment for the penalties that
CBP administers.
Table 2--U.S. Customs and Border Protection Civil Penalties Adjustments
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Penalty amount as adjusted in the New penalty as adjusted by this
Penalty name Citation 2019 FR Multiplier * final rule
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Penalties for non-compliance with 8 U.S.C. 1221(g); 8 CFR $1,394............................ 1.01764 $1,419.
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.
Penalties for non-compliance with 8 U.S.C. 1224; 8 CFR $3,788............................ 1.01764 $3,855.
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 $1,597-$7,987..................... 1.01764 $1,625-$8,128.
voluntarily. 280.53(b)(3) (INA
section 240B(d)).
[[Page 36471]]
Penalties for violations of removal 8 U.S.C. 1253(c)(1)(A); 8 $3,195............................ 1.01764 $3,251.
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 $7,987............................ 1.01764 $8,128.
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 $378 for each alien............... 1.01764 $385 for each alien.
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 $9,472............................ 1.01764 $9,639.
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 $947-$5,683....................... 1.01764 $964-$5,783.
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 $1,895............................ 1.01764 $1,928.
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 $2,841-$5,683..................... 1.01764 $2,891-$5,783.
crewmen. 280.53(b)(9) (INA
section 256).
Penalties for bringing into the United 8 U.S.C. 1287; 8 CFR $18,943........................... 1.01764 $19,277.
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 $5,683............................ 1.01764 $5,783.
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 $5,683............................ 1.01764 $5,783.
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 $5,683............................ 1.01764 $5,783.
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 $799.............................. 1.01764 $813.
280.53(b)(14) (INA
section 274D).
Penalties for improper entry.......... 8 U.S.C. 1325(b); 8 CFR $80-$400.......................... 1.01764 $81-$407.
280.53(b)(15) (INA
section 275(b)).
Penalty for dealing in or using empty 19 U.S.C. 469............ $531.............................. 1.01764 ** 540.
stamped imported liquor containers.
Penalty for employing a vessel in a 19 U.S.C. 1706a; 19 CFR $1,329............................ 1.01764 $1,352.
trade without a required Certificate 4.80(i).
of Documentation **.
Penalty for transporting passengers 46 U.S.C. 12118(f)(3).... $531.............................. 1.01764 ** 540.
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 $798.............................. 1.01764 $812.
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 $930-$2,924 plus $159; per ton.... 1.01764 $946-$2,976, plus $162 per ton.
coastwise points in the United States CFR 4.92.
by a non-coastwise qualified vessel.
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* OMB Memorandum M-20-05, Implementation of Penalty Inflation Adjustments for 2020, Pursuant to the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015, Dec. 16, 2019. Available at https://www.whitehouse.gov/wp-content/uploads/2019/12/M-20-05.pdf.
** No applicable conforming edit to regulatory text.
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-
[[Page 36472]]
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 2020 adjustment for the
penalties that ICE administers.\10\
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\10\ 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
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Penalty amount as New penalty as
Penalty name Citation adjusted in the Multiplier * adjusted by this
2019 FR final rule
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Civil penalties for failure to 8 U.S.C. 1229c(d); 8 $1,597-$7,987 1.01764 $1,625-$8,128
depart voluntarily, INA section CFR 280.53(b)(3).
240B(d).
Civil penalties for violation of 8 CFR 473-3,788 1.01764 481-3,855
INA sections 274C(a)(1)-(a)(4), 270.3(b)(1)(ii)(A).
penalty for first offense.
Civil penalties for violation of 8 CFR 400-3,195 1.01764 407-3,251
INA sections 274C(a)(5)-(a)(6), 270.3(b)(1)(ii)(B).
penalty for first offense.
Civil penalties for violation of 8 CFR 3,788-9,472 1.01764 3,855-9,639
INA sections 274C(a)(1)-(a)(4), 270.3(b)(1)(ii)(C).
penalty for subsequent offenses.
Civil penalties for violation of 8 CFR 3,195-7,987 1.01764 3,251-8,128
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)..... 2,292 1.01764 2,332
bonds.
Civil penalties for knowingly 8 CFR 573-4,586 1.01764 583-4,667
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 4,586-11,463 1.01764 4,667-11,665
unauthorized alien). 274a.10(b)(1)(ii)(B
).
Penalty for third or subsequent 8 CFR 6,878-22,927 1.01764 6,999-23,331
offense (per unauthorized alien). 274a.10(b)(1)(ii)(C
).
Civil penalties for I-9 paperwork 8 CFR 274a.10(b)(2). 230-2,292 1.01764 234-2,332
violations.
Civil penalties for failure to 8 U.S.C. 1324d; 8 799 1.01764 813
depart, INA section 274D. CFR 280.53(b)(14).
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* OMB Memorandum M-20-05, Implementation of Penalty Inflation Adjustments for 2020, Pursuant to the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Dec. 16, 2019. Available at https://www.whitehouse.gov/wp-content/uploads/2019/12/M-20-05.pdf.
D. U.S. Coast Guard
The Coast Guard is authorized to assess close to 150 penalties
involving maritime safety and security and environmental stewardship
that are critical to the continued success of Coast Guard missions.
Various statutes in titles 14, 16, 19, 33, 42, 46, and 49 of the United
States Code authorize these penalties. Titles 33 and 46 authorize the
vast majority of these penalties as these statutes deal with
navigation, navigable waters, and shipping. Beyond titles 33 and 46,
the Coast Guard is also authorized to collect civil monetary penalties
related to the organization and management of the Coast Guard,
obstruction of revenue, and hazardous substances and materials. For a
complete discussion of the civil monetary penalties assessed by the
Coast Guard, see the 2016 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.\11\
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\11\ 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 table reflects those
changes to the statutory citations.
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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.
With this update, the Coast Guard is removing the penalty for
``Aquatic Nuisance Species in the Waters of the United States,'' 16
U.S.C. 4711(g)(1), because section 1101 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act (codified at 16 U.S.C. 4711) was
repealed by section 903(a)(2)(A)(i) of Public Law 115-282, effective
December 4, 2018. Table 4 below shows the 2020 adjustment for the
penalties that the Coast Guard administers.
Table 4--U.S. Coast Guard Civil Penalties Adjustments
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Penalty amount as New penalty as
Penalty name Citation adjusted in the Multiplier * adjusted by this
2019 FR final rule
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Saving Life and Property.......... 14 U.S.C. 521(c).... $10,651 1.01764 $10,839
[[Page 36473]]
Saving Life and Property; 14 U.S.C. 521(e).... 1,093 1.01764 1,112
Intentional Interference with
Broadcast.
Confidentiality of Medical Quality 14 U.S.C. 645(i); 33 5,350 1.01764 5,444
Assurance Records (first offense). CFR 27.3.
Confidentiality of Medical Quality 14 U.S.C. 645(i); 33 35,668 1.01764 36,297
Assurance Records (subsequent CFR 27.3.
offenses).
Obstruction of Revenue Officers by 19 U.S.C. 70; 33 CFR 7,975 1.01764 8,116
Masters of Vessels. 27.3.
Obstruction of Revenue Officers by 19 U.S.C. 70; 33 CFR 1,861 1.01764 1,894
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 11,563 1.01764 11,767
Regulations General. CFR 27.3.
Anchorage Ground/Harbor 33 U.S.C. 474; 33 798 1.01764 812
Regulations St. Mary's river. CFR 27.3.
Bridges/Failure to Comply with 33 U.S.C. 495(b); 33 29,192 1.01764 29,707
Regulations. CFR 27.3.
Bridges/Drawbridges............... 33 U.S.C. 499(c); 33 29,192 1.01764 29,707
CFR 27.3.
Bridges/Failure to Alter Bridge 33 U.S.C. 502(c); 33 29,192 1.01764 29,707
Obstructing Navigation. CFR 27.3.
Bridges/Maintenance and Operation. 33 U.S.C. 533(b); 33 29,192 1.01764 29,707
CFR 27.3.
Bridge to Bridge Communication; 33 U.S.C. 1208(a); 2,126 1.01764 2,164
Master, Person in Charge or Pilot. 33 CFR 27.3.
Bridge to Bridge Communication; 33 U.S.C. 1208(b); 2,126 1.01764 2,164
Vessel. 33 CFR 27.3.
Oil/Hazardous Substances: 33 U.S.C. 18,943 1.01764 19,277
Discharges (Class I per 1321(b)(6)(B)(i);
violation). 33 CFR 27.3.
Oil/Hazardous Substances: 33 U.S.C. 47,357 1.01764 48,192
Discharges (Class I total under 1321(b)(6)(B)(i);
paragraph). 33 CFR 27.3.
Oil/Hazardous Substances: 33 U.S.C. 18,943 1.01764 19,277
Discharges (Class II per day of 1321(b)(6)(B)(ii);
violation). 33 CFR 27.3.
Oil/Hazardous Substances: 33 U.S.C. 236,783 1.01764 240,960
Discharges (Class II total under 1321(b)(6)(B)(ii);
paragraph). 33 CFR 27.3.
Oil/Hazardous Substances: 33 U.S.C. 47,357 1.01764 48,192
Discharges (per day of violation) 1321(b)(7)(A); 33
Judicial Assessment. CFR 27.3.
Oil/Hazardous Substances: 33 U.S.C. 1,895 1.01764 1,928
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. 47,357 1.01764 48,192
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. 47,357 1.01764 48,192
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. 5,683 1.01764 5,783
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. 189,427 1.01764 192,768
Discharges, Gross Negligence- 1321(b)(7)(D); 33
Minimum Penalty (Judicial CFR 27.3.
Assessment).
Marine Sanitation Devices; 33 U.S.C. 1322(j); 7,975 1.01764 8,116
Operating. 33 CFR 27.3.
Marine Sanitation Devices; Sale or 33 U.S.C. 1322(j); 21,265 1.01764 21,640
Manufacture. 33 CFR 27.3.
International Navigation Rules; 33 U.S.C. 1608(a); 14,910 1.01764 15,173
Operator. 33 CFR 27.3.
International Navigation Rules; 33 U.S.C. 1608(b); 14,910 1.01764 15,173
Vessel. 33 CFR 27.3.
Pollution from Ships; General..... 33 U.S.C. 74,552 1.01764 75,867
1908(b)(1); 33 CFR
27.3.
Pollution from Ships; False 33 U.S.C. 14,910 1.01764 15,173
Statement. 1908(b)(2); 33 CFR
27.3.
Inland Navigation Rules; Operator. 33 U.S.C. 2072(a); 14,910 1.01764 15,173
33 CFR 27.3.
[[Page 36474]]
Inland Navigation Rules; Vessel... 33 U.S.C. 2072(b); 14,910 1.01764 15,173
33 CFR 27.3.
Shore Protection; General......... 33 U.S.C. 2609(a); 52,596 1.01764 53,524
33 CFR 27.3.
Shore Protection; Operating 33 U.S.C. 2609(b); 21,039 1.01764 21,410
Without Permit. 33 CFR 27.3.
Oil Pollution Liability and 33 U.S.C. 2716a(a); 47,357 1.01764 48,192
Compensation. 33 CFR 27.3.
Clean Hulls....................... 33 U.S.C. 43,359 1.01764 44,124
3852(a)(1)(A); 33
CFR 27.3.
Clean Hulls--related to false 33 U.S.C. 57,813 1.01764 58,833
statements. 3852(a)(1)(A); 33
CFR 27.3.
Clean Hulls--Recreational Vessel.. 33 U.S.C. 3852(c); 5,781 1.01764 5,883
33 CFR 27.3.
Hazardous Substances, Releases, 42 U.S.C. 9609(a); 57,317 1.01764 58,328
Liability, Compensation (Class I). 33 CFR 27.3.
Hazardous Substances, Releases, 42 U.S.C. 9609(b); 57,317 1.01764 58,328
Liability, Compensation (Class 33 CFR 27.3.
II).
Hazardous Substances, Releases, 42 U.S.C. 9609(b); 171,952 1.01764 174,985
Liability, Compensation (Class II 33 CFR 27.3.
subsequent offense).
Hazardous Substances, Releases, 42 U.S.C. 9609(c); 57,317 1.01764 58,328
Liability, Compensation (Judicial 33 CFR 27.3.
Assessment).
Hazardous Substances, Releases, 42 U.S.C. 9609(c); 171,952 1.01764 174,985
Liability, Compensation (Judicial 33 CFR 27.3.
Assessment subsequent offense).
Safe Containers for International 46 USC 80509; 33 CFR 6,265 1.01764 6,376
Cargo. 27.3.
Suspension of Passenger Service... 46 USC 70305; 33 CFR 62,656 1.01764 63,761
27.3.
Vessel Inspection or Examination 46 U.S.C. 2110(e); 9,472 1.01764 9,639
Fees. 33 CFR 27.3.
Alcohol and Dangerous Drug Testing 46 U.S.C. 2115; 33 7,710 1.01764 7,846
CFR 27.3.
Negligent Operations: Recreational 46 U.S.C. 2302(a); 6,974 1.01764 7,097
Vessels. 33 CFR 27.3.
Negligent Operations: Other 46 U.S.C. 2302(a); 34,871 1.01764 35,486
Vessels. 33 CFR 27.3.
Operating a Vessel While Under the 46 U.S.C. 7,710 1.01764 7,846
Influence of Alcohol or a 2302(c)(1); 33 CFR
Dangerous Drug. 27.3.
Vessel Reporting Requirements: 46 U.S.C. 12,007 1.01764 12,219
Owner, Charterer, Managing 2306(a)(4); 33 CFR
Operator, or Agent. 27.3.
Vessel Reporting Requirements: 46 U.S.C. 2,402 1.01764 2,444
Master. 2306(b)(2); 33 CFR
27.3.
Immersion Suits................... 46 U.S.C. 12,007 1.01764 12,219
3102(c)(1); 33 CFR
27.3.
Inspection Permit................. 46 U.S.C. 2,505 1.01764 2,549
3302(i)(5); 33 CFR
27.3.
Vessel Inspection; General........ 46 U.S.C. 3318(a); 12,007 1.01764 12,219
33 CFR 27.3.
Vessel Inspection; Nautical School 46 U.S.C. 3318(g); 12,007 1.01764 12,219
Vessel. 33 CFR 27.3.
Vessel Inspection; Failure to Give 46 U.S.C. 3318(h); 2,402 1.01764 2,444
Notice IAW 3304(b). 33 CFR 27.3.
Vessel Inspection; Failure to Give 46 U.S.C. 3318(i); 2,402 1.01764 2,444
Notice IAW 3309(c). 33 CFR 27.3.
Vessel Inspection; Vessel >=1600 46 U.S.C. 24,017 1.01764 24,441
Gross Tons. 3318(j)(1); 33 CFR
27.3.
Vessel Inspection; Vessel https://www.whitehouse.gov/wp-content/uploads/2019/12/M-20-05.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), (6), 49
U.S.C. 46301(d)(2), (8), and 49 U.S.C. 114(u), TSA may impose penalties
for violations of statutes that TSA administers, including penalties
for violations of implementing regulations or orders. Note that
pursuant to division K, title I, sec. 1904(b)(1)(I), of Public Law 115-
254, 132 Stat. 3186, 3545 (Oct. 5, 2018), the TSA Modernization Act--
part of the FAA Reauthorization Act of 2018--the former 49 U.S.C.
114(v), which relates to penalties, was re-designated as 49 U.S.C.
114(u).
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),\12\ 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 2020 adjustment for the
penalties that TSA administers.
---------------------------------------------------------------------------
\12\ See, e.g., 46 U.S.C. 70105, 49 U.S.C. 46302 and 46303, and
49 U.S.C. chapter 449.
[[Page 36477]]
Table 5--Transportation Security Administration Civil Penalties Adjustments
--------------------------------------------------------------------------------------------------------------------------------------------------------
Penalty amount as adjusted in New penalty as adjusted by this
Penalty name Citation the 2019 FR Multiplier * final rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
Violation of 49 U.S.C. ch. 449 (except 49 U.S.C. 46301(a)(1), $34,174 (up to a total of 1.01764 $34,777 (up to a total of
secs. 44902, 44903(d), 44907(a)- (4), (5), (6); 49 $546,774 per civil penalty $556,419 per civil penalty
(d)(1)(A), 44907(d)(1)(C)-(f), 44908, and U.S.C. 46301(d)(2), action). action).
44909), or 49 U.S.C. 46302 or 46303, a (8); 9 CFR
regulation prescribed, or order issued 1503.401(c)(3).
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. $13,669 (up to a total of 1.01764 $13,910 (up to a total of
secs. 44902, 44903(d), 44907(a)- 46301(a)(1), (4), (5); $68,347 total for small $69,553 total for small
(d)(1)(A), 44907(d)(1)(C)-(f), 44908, and 49 U.S.C. 46301(d)(8); business, $546,774 for others). business, $556,419 for others).
44909), or 49 U.S.C. 46302 or 46303, a 49 CFR 1503.401(c)(1)
regulation prescribed, or order issued and (2).
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(u); 49 CFR $11,698 (up to a total of 1.01764 $11,904 (up to a total of
49 U.S.C. or of 46 U.S.C. ch. 701, a 1503.401(b). $58,490 total for small $59,522 total for small
regulation prescribed, or order issued businesses, $467,920 for businesses, $76,174 for
thereunder. others). others).
--------------------------------------------------------------------------------------------------------------------------------------------------------
* OMB Memorandum M-20-05, Implementation of Penalty Inflation Adjustments for 2020, Pursuant to the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015, Dec. 16, 2019. Available at https://www.whitehouse.gov/wp-content/uploads/2019/12/M-20-05.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 makes minor amendments to the regulations
to reflect changes required by clear statutory authority, and DHS finds
that prior notice and comment procedures and a delayed effective date
for these amendments are unnecessary.
V. Regulatory Analyses
A. Executive Orders 12866, 13563, and 13771
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. As this rule is not a
significant regulatory action, this rule is exempt from the
requirements of Executive Order 13771. See OMB's Memorandum ``Guidance
Implementing Executive Order 13771, Titled `Reducing Regulation and
Controlling Regulatory Costs''' (April 5, 2017).
This final rule makes nondiscretionary adjustments to existing
civil monetary penalties in accordance with the 2015 Act and OMB
guidance.\13\ 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.
---------------------------------------------------------------------------
\13\ OMB Memorandum M-20-05, Implementation of Penalty Inflation
Adjustments for 2020, 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/2019/12/M-20-05.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
[[Page 36478]]
final rule does not trigger any new or revised recordkeeping or
reporting.
VI. Signing Authorities
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 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 continues to read as follows:
Authority: 6 U.S.C. 624; Pub. L. 101-410, 104 Stat. 890, as
amended by Pub. L. 114-74, 129 Stat. 599; 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 $35,486 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
$481 and not exceeding $3,855 for each fraudulent document or each
proscribed activity described in section 274C(a)(1) through (a)(4) of
the Act after November 2, 2015.
(B) First offense under section 274C(a)(5) or (a)(6). Not less than
$250 and not exceeding $2,000 for each fraudulent document or each
proscribed activity described in section 274C(a)(5) or (a)(6) of the
Act before March 27, 2008; not less than $275 and not exceeding $2,200
for each fraudulent document or each proscribed activity described in
section 274C(a)(5) or (a)(6) of the Act on or after March 27, 2008 and
on or before November 2, 2015; and not less than $407 and not exceeding
$3,251 for each fraudulent document or each proscribed activity
described in section 274C(a)(5) or (a)(6) of the Act after November 2,
2015.
(C) Subsequent offenses under section 274C(a)(1) through (a)(4).
Not less than $2,200 and not more than $5,500 for each fraudulent
document or each proscribed activity described in section 274C(a)(1)
through (a)(4) of the Act before March 27, 2008; not less than $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 $3,855 and not more than $9,639 for each
fraudulent document or each proscribed activity described in section
274C(a)(1) through (a)(4) of the Act after November 2, 2015.
(D) Subsequent offenses under section 274C(a)(5) or (a)(6). Not
less than $2,000 and not more than $5,000 for each fraudulent document
or each proscribed activity described in section 274C(a)(5) or (a)(6)
of the Act before March 27, 2008; not less than $2,200 and not
exceeding $5,500 for each fraudulent document or each proscribed
activity described in section 274C(a)(5) or (a)(6) of the Act occurring
on or after March 27, 2008 and on or before November 2, 2015; and not
less than $3,351 and not more than $8,128 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
[[Page 36479]]
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 $2,332 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 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 $583 and not more than $4,667 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 $4,667 and not more than $11,665 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 $6,999 and
not more than $23,331 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 $234 and not more
than $2,332 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 $1,394 to $1,419.
(2) Section 234 of the Act, Penalties for non-compliance with
landing requirements at designated ports of entry for aircraft
transporting aliens: From $3,788 to $3,855.
(3) Section 240B(d) of the Act, Penalties for failure to depart
voluntarily: From $1,597 minimum/$7,987 maximum to $1,625 minimum/
$8,128 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 $3,195 to $3,251.
(5) Penalties for failure to remove alien stowaways under section
241(d)(2): From $7,987 to $8,128.
(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 $378 to $385; and
penalties for use of alien crewmen for longshore work in violation of
section 251(d) of the Act: From $9,472 to $9,639.
(7) Section 254(a) of the Act, Penalties for failure to control,
detain, or remove alien crewmen: From $947 minimum/$5,683 maximum to
$964 minimum/$5,783 maximum.
(8) Section 255 of the Act, Penalties for employment on passenger
vessels of aliens afflicted with certain disabilities: From $1,895 to
$1,928.
(9) Section 256 of the Act, Penalties for discharge of alien
crewmen: From $2,841 minimum/$5,683 maximum to $2,891 minimum/$5,783
maximum.
(10) Section 257 of the Act, Penalties for bringing into the United
States alien crewmen with intent to evade immigration laws: From
$18,943 maximum to $19,277 maximum.
(11) Section 271(a) of the Act, Penalties for failure to prevent
the unauthorized landing of aliens: From $5,683 to $5,783.
(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 $5,683 to $5,783.
(13) Section 273(b) of the Act, Penalties for bringing to the
United States aliens without required documentation: From $5,683 to
$5,783.
(14) Section 274D of the Act, Penalties for failure to depart: From
$799 maximum to $813 maximum, for each day the alien is in violation.
(15) Section 275(b) of the Act, Penalties for improper entry: From
$80 minimum/$400 maximum to $81 minimum/$407 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; Public Law 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, remove the heading from paragraph (b) and revise
paragraphs (b)(2) and (i) to read as follows:
[[Page 36480]]
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 $812 for each
passenger so transported and landed after November 2, 2015 (46 U.S.C.
55103, as adjusted by the Federal Civil Penalties Inflation Adjustment
Act Improvements Act of 2015).
* * * * *
(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 $1352 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 third sentence to read as follows:
Sec. 4.92 Towing.
* * * The penalties for violation of this section occurring after
November 2, 2015, are a fine of from $946 to $2,976 against the owner
or master of the towing vessel and a further penalty against the towing
vessel of $162 per ton of the towed vessel (46 U.S.C. 55111, as
adjusted by the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015).
Title 33--Navigation and Navigable Waters
PART 27--ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION
0
13. The authority citation for part 27 continues to read as follows:
Authority: Secs. 1-6, Pub. L. 101-410, 104 Stat. 890, as
amended by Sec. 31001(s)(1), Pub. L. 104-134, 110 Stat. 1321 (28
U.S.C. 2461 note); Department of Homeland Security Delegation No.
0170.1, sec. 2 (106).
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14. In Sec. 27.3, revise the third sentence of the introductory text
and table 1 to read as follows:
Sec. 27.3 Penalty adjustment table.
* * * The adjusted civil penalty amounts listed in Table 1 to this
section are applicable for penalty assessments issued after June 17,
2020, with respect to violations occurring after November 2, 2015. * *
*
Table 1 to Sec. 27.3--Civil Monetary Penalty Inflation Adjustments
----------------------------------------------------------------------------------------------------------------
2020 Adjusted
U.S. code citation Civil monetary penalty description maximum penalty
amount ($)
----------------------------------------------------------------------------------------------------------------
14 U.S.C. 521(c)........................................ Saving Life and Property........... $10,839
14 U.S.C. 521(e)........................................ Saving Life and Property; 1,112
Intentional Interference with
Broadcast.
14 U.S.C. 645(i)........................................ Confidentiality of Medical Quality 5,444
Assurance Records (first offense).
14 U.S.C. 645(i)........................................ Confidentiality of Medical Quality 36,297
Assurance Records (subsequent
offenses).
19 U.S.C. 70............................................ Obstruction of Revenue Officers by 8,116
Masters of Vessels.
19 U.S.C. 70............................................ Obstruction of Revenue Officers by 1,894
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 11,767
General.
33 U.S.C. 474........................................... Anchorage Ground/Harbor Regulations 812
St. Mary's River.
33 U.S.C. 495(b)........................................ Bridges/Failure to Comply with 29,707
Regulations.
33 U.S.C. 499(c)........................................ Bridges/Drawbridges................ 29,707
33 U.S.C. 502(c)........................................ Bridges/Failure to Alter Bridge 29,707
Obstructing Navigation.
33 U.S.C. 533(b)........................................ Bridges/Maintenance and Operation.. 29,707
33 U.S.C. 1208(a)....................................... Bridge to Bridge Communication; 2,164
Master, Person in Charge or Pilot.
33 U.S.C. 1208(b)....................................... Bridge to Bridge Communication; 2,164
Vessel.
33 U.S.C. 1321(b)(6)(B)(i).............................. Oil/Hazardous Substances: 19,277
Discharges (Class I per violation).
33 U.S.C. 1321(b)(6)(B)(i).............................. Oil/Hazardous Substances: 48,192
Discharges (Class I total under
paragraph).
33 U.S.C. 1321(b)(6)(B)(ii)............................. Oil/Hazardous Substances: 19,277
Discharges (Class II per day of
violation).
33 U.S.C. 1321(b)(6)(B)(ii)............................. Oil/Hazardous Substances: 240,960
Discharges (Class II total under
paragraph).
33 U.S.C. 1321(b)(7)(A)................................. Oil/Hazardous Substances: 48,192
Discharges (per day of violation)
Judicial Assessment.
33 U.S.C. 1321(b)(7)(A)................................. Oil/Hazardous Substances: 1,928
Discharges (per barrel of oil or
unit discharged) Judicial
Assessment.
33 U.S.C. 1321(b)(7)(B)................................. Oil/Hazardous Substances: Failure 48,192
to Carry Out Removal/Comply With
Order (Judicial Assessment).
33 U.S.C. 1321(b)(7)(C)................................. Oil/Hazardous Substances: Failure 48,192
to Comply with Regulation Issued
Under 1321(j) (Judicial
Assessment).
33 U.S.C. 1321(b)(7)(D)................................. Oil/Hazardous Substances: 5,783
Discharges, Gross Negligence (per
barrel of oil or unit discharged)
Judicial Assessment.
33 U.S.C. 1321(b)(7)(D)................................. Oil/Hazardous Substances: 192,768
Discharges, Gross Negligence--
Minimum Penalty (Judicial
Assessment).
33 U.S.C. 1322(j)....................................... Marine Sanitation Devices; 8,116
Operating.
33 U.S.C. 1322(j)....................................... Marine Sanitation Devices; Sale or 21,640
Manufacture.
33 U.S.C. 1608(a)....................................... International Navigation Rules; 15,173
Operator.
33 U.S.C. 1608(b)....................................... International Navigation Rules; 15,173
Vessel.
33 U.S.C. 1908(b)(1).................................... Pollution from Ships; General...... 75,867
33 U.S.C. 1908(b)(2).................................... Pollution from Ships; False 15,173
Statement.
33 U.S.C. 2072(a)....................................... Inland Navigation Rules; Operator.. 15,173
[[Page 36481]]
33 U.S.C. 2072(b)....................................... Inland Navigation Rules; Vessel.... 15,173
33 U.S.C. 2609(a)....................................... Shore Protection; General.......... 53,524
33 U.S.C. 2609(b)....................................... Shore Protection; Operating Without 21,410
Permit.
33 U.S.C. 2716a(a)...................................... Oil Pollution Liability and 48,192
Compensation.
33 U.S.C. 3852(a)(1)(A)................................. Clean Hulls; Civil Enforcement..... 44,124
33 U.S.C. 3852(a)(1)(A)................................. Clean Hulls; related to false 58,833
statements.
33 U.S.C. 3852(c)....................................... Clean Hulls; Recreational Vessels.. 5,883
42 U.S.C. 9609(a)....................................... Hazardous Substances, Releases, 58,328
Liability, Compensation (Class I).
42 U.S.C. 9609(b)....................................... Hazardous Substances, Releases, 58,328
Liability, Compensation (Class II).
42 U.S.C. 9609(b)....................................... Hazardous Substances, Releases, 174,985
Liability, Compensation (Class II
subsequent offense).
42 U.S.C. 9609(c)....................................... Hazardous Substances, Releases, 58,328
Liability, Compensation (Judicial
Assessment).
42 U.S.C. 9609(c)....................................... Hazardous Substances, Releases, 174,985
Liability, Compensation (Judicial
Assessment subsequent offense).
46 U.S.C. 80509(a)...................................... Safe Containers for International 6,376
Cargo.
46 U.S.C. 70305(c)...................................... Suspension of Passenger Service.... 63,761
46 U.S.C. 2110(e)....................................... Vessel Inspection or Examination 9,639
Fees.
46 U.S.C. 2115.......................................... Alcohol and Dangerous Drug Testing. 7,846
46 U.S.C. 2302(a)....................................... Negligent Operations: Recreational 7,097
Vessels.
46 U.S.C. 2302(a)....................................... Negligent Operations: Other Vessels 35,486
46 U.S.C. 2302(c)(1).................................... Operating a Vessel While Under the 7,846
Influence of Alcohol or a
Dangerous Drug.
46 U.S.C. 2306(a)(4).................................... Vessel Reporting Requirements: 12,219
Owner, Charterer, Managing
Operator, or Agent.
46 U.S.C. 2306(b)(2).................................... Vessel Reporting Requirements: 2,444
Master.
46 U.S.C. 3102(c)(1).................................... Immersion Suits.................... 12,219
46 U.S.C. 3302(i)(5).................................... Inspection Permit.................. 2,549
46 U.S.C. 3318(a)....................................... Vessel Inspection; General......... 12,219
46 U.S.C. 3318(g)....................................... Vessel Inspection; Nautical School 12,219
Vessel.
46 U.S.C. 3318(h)....................................... Vessel Inspection; Failure to Give 2,444
Notice IAW 3304(b).
46 U.S.C. 3318(i)....................................... Vessel Inspection; Failure to Give 2,444
Notice IAW 3309(c).
46 U.S.C. 3318(j)(1).................................... Vessel Inspection; Vessel >=1600 24,441
Gross Tons.
46 U.S.C. 3318(j)(1).................................... Vessel Inspection; Vessel
