# Civil Monetary Penalty Adjustments for Inflation

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URL: https://www.frixlaw.com/law-library/documents/fr%3A2018-06486

## Record

- **Collection:** Federal Register
- **Document type:** Rule
- **Published:** April 2, 2018
- **Citation:** 83 FR 13826

## Text

DEPARTMENT OF HOMELAND SECURITY
6 CFR Part 27
8 CFR Parts 270, 274a, and 280
19 CFR Part 4
Coast Guard
33 CFR Part 27
Transportation Security Administration
49 CFR Part 1503
RIN 1601-AA80
Civil Monetary Penalty Adjustments for Inflation

AGENCY:

Department of Homeland Security.

ACTION:

Final rule.

SUMMARY:

In this final rule, the Department of Homeland Security's (DHS) is making the 2018 annual inflation adjustment to its civil monetary penalties. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) was signed into law on November 2, 2015. Pursuant to the 2015 Act, all agencies must adjust civil monetary penalties annually and publish the adjustment in the
Federal Register
. Accordingly, this final rule adjusts DHS's civil monetary penalties for 2018 pursuant to the 2015 Act and OMB guidance. The new penalties will be effective for penalties assessed after April 2, 2018 whose associated violations occurred after November 2, 2015.

DATES:

This rule is effective on April 2, 2018.

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Statutory and Regulatory Background

II. Overview of Final Rule

III. Adjustments by Component

A. National Protection and Programs Directorate

B. U.S. Customs and Border Protection

C. U.S. Immigration and Customs Enforcement

D. U.S. Coast Guard

E. Transportation Security Administration

IV. Administrative Procedure Act

V. Regulatory Analyses

A. Executive Orders 12866 and 13563

B. Regulatory Flexibility Act

C. Unfunded Mandates Reform Act

D. Paperwork Reduction Act

I. Statutory and Regulatory Background

On November 2, 2015, the President signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Pub. L. 114-74 section 701 (Nov. 2, 2105)) (2015 Act).
1

The 2015 Act amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note) to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. The 2015 Act required agencies to: (1) Adjust the level of civil monetary penalties with an initial “catch-up” adjustment through issuance of an Interim Final Rule (IFR) and (2) make subsequent annual adjustments for inflation. Through the “catch-up” adjustment, agencies were required to adjust the maximum amounts of civil monetary penalties to more accurately reflect inflation rates.

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

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

Pursuant to the 2015 Act, DHS undertook a review of the civil penalties that DHS and its components administer.
2

On July 1, 2016, DHS published an IFR adjusting the maximum civil monetary penalties with an initial “catch-up” adjustment, as required by the 2015 Act.
See
81 FR 42987. DHS calculated the adjusted penalties based upon nondiscretionary provisions in the 2015 Act and upon guidance that OMB issued to agencies on February 24, 2016.
3

The adjusted penalties were effective for civil penalties assessed after August 1, 2016 (the effective date of the IFR) whose associated violations occurred after November 2, 2015 (the date of enactment of the 2015 Act). On January 27, 2017, DHS published a final rule finalizing the IFR and making the annual adjustment for 2017. See
82 FR 8572.

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

3
OMB, Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Table A, 24 February 2016.
https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2016/m-16-06.pdf
(last accessed Dec. 5, 2017).

II. Overview of the Final Rule

This final rule makes the 2018 annual inflation adjustments to civil monetary penalties pursuant to the 2015 Act and pursuant to guidance OMB issued to agencies on December 15, 2017.
4

The penalty amounts in this final rule will be effective for penalties assessed after April 2, 2018 where the associated violation occurred after November 2, 2015. Consistent with OMB guidance, the 2015 Act does not change previously assessed penalties that the agency is actively collecting or has collected.

4
OMB, Implementation of the 2018 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 15, 2017.
https://www.whitehouse.gov/wp-content/uploads/2017/11/M-18-03.pdf
(last accessed Dec. 15, 2017).

The adjusted penalty amounts will apply to penalties assessed after the effective date of this final rule. We discuss civil penalties by DHS component in Section III below. For each component identified in Section III, below, we briefly describe the relevant civil penalty (or penalties), and we provide a table showing the increase in the penalties for 2018. In the table for each component, we show (1) the penalty name, (2) the penalty statutory and/or regulatory citation, (3) the penalty amount as adjusted in the 2017 final rule, (4) the cost-of-living adjustment multiplier for 2018 that OMB provided in its December 15, 2017 guidance, and (5) the new 2018 adjusted penalty. The 2015 Act instructs agencies to round penalties to the nearest $1. For a more complete discussion of the method used for calculating the initial “catch-up” inflation adjustments and a component-by-component breakdown to the nature of the civil penalties and relevant legal authorities, please see the IFR preamble at 81 FR 42987-43000.

III. Adjustments by Component

In the following sections, we briefly describe the civil penalties that DHS and its components assess. We include tables at the end of each section, which list the individual adjustments for each penalty.

A. National Protection and Programs Directorate

The National Protection and Programs Directorate (NPPD) administers only one civil penalty that the 2015 Act affects. That penalty assesses fines for violations of the Chemical Facility Anti-Terrorism Standards (CFATS). CFATS is a program that regulates the security of chemical facilities that, in the discretion of the Secretary, present high levels of security risk. DHS established the CFATS program in 2007 pursuant to section 550 of the Department of Homeland Security Appropriations Act of 2007 (Pub. L. 109-295).
5

The CFATS regulation is located in part 27 of title 6 of the Code of Federal Regulations (CFR). Below is a table showing the 2018 adjustment for the CFATS penalty that NPPD administers.

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

Table 1—CFATS Civil Penalty Adjustment

Penalty name
Citation
Penalty amount as adjusted in the 2017 FR
Multiplier *
New penalty as adjusted by this final rule

Penalty for non-compliance with CFATS regulations
6 U.S.C. 624(b)(1); 6 CFR 27.300(b)(3)
$33,333 per day
1.02041
$34,013

* OMB, Implementation of the 2018 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 15, 2017.
https://obamawhitehouse.archives.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf.

B. U.S. Customs and Border Protection

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

On December 8, 2017, CBP adjusted three non-INA penalties inadvertently left out of the IFR and 2017 final rule.
See
82 FR 57821. The three penalties concern the following violations: Transporting passengers between coastwise points in the United States by a non-coastwise qualified vessel; towing a vessel between coastwise points in the United States by a non-coastwise qualified vessel; and dealing in or using an empty stamped imported liquor container after it has already been used once. This final rule incorporates those three penalties alongside the other CBP penalties and adjusts them according to the 2018 multiplier.

Below is a table showing the 2018 adjustment for the penalties that CBP administers.

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

Penalty name
Citation
Penalty amount as adjusted in the 2017 FR
Multiplier *

New penalty as
adjusted by this
final rule

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
8 U.S.C. 1221(g) 8 CFR 280.53(b)(1) (INA section 231(g))
$1,333
1.02041
$1,360.

Penalties for non-compliance with landing requirements at designated ports of entry for aircraft transporting aliens
8 U.S.C. 1224 8 CFR 280.53(b)(2) (INA section 234)
$3,621
1.02041
$3,695.

Penalties for failure to depart voluntarily
8 U.S.C. 1229c(d) 8 CFR 280.53(b)(3) (INA section 240B(d))
$1,527-$7,635
1.02041
$1,558-$7,791.

Penalties for violations of removal orders relating to aliens transported on vessels or aircraft under section 241(d) of the INA, or for costs associated with removal under section 241(e) of the INA
8 U.S.C. 1253(c)(1)(A) 8 CFR 280.53(b)(4) (INA section 243(c)(1)(A))
$3,054
1.02041
$3,116.

Penalties for failure to remove alien stowaways under section 241(d)(2) of the INA
8 U.S.C. 1253(c)(1)(B) 8 CFR 280.53(b)(5) (INA section 243(c)(1)(B))
$7,635
1.02041
$7,791.

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 INA
8 U.S.C. 1281(d) 8 CFR 280.53(b)(6) (INA section 251(d))
$362 for each alien
1.02041
$369 for each alien.

Penalties for use of alien crewmen for longshore work in violation of section 251(d) of the INA
8 U.S.C. 1281(d) 8 CFR 280.53(b)(6) (INA section 251(d))
$9,054
1.02041
$9,239.

Penalties for failure to control, detain, or remove alien crewmen
8 U.S.C. 1284(a) 8 CFR 280.53(b)(7) (INA section 254(a))
$906-$5,432
1.02041
$924-$5,543.

Penalties for employment on passenger vessels of aliens afflicted with certain disabilities
8 U.S.C. 1285 8 CFR 280.53(b)(8) (INA section 255)
$1,811
1.02041
$1,848.

Penalties for discharge of alien crewmen
8 U.S.C. 1286 8 CFR 280.53(b)(9) (INA section 256)
$2,716-$5,432
1.02041
$2,771-$5,543.

Penalties for bringing into the United States alien crewmen with intent to evade immigration laws
8 U.S.C. 1287 8 CFR 280.53(b)(10) (INA section 257)
$18,107
1.02041
$18,477.

Penalties for failure to prevent the unauthorized landing of aliens
8 U.S.C. 1321(a) 8 CFR 280.53(b)(11) (INA section 271(a))
$5,432
1.02041
$5,543.

Penalties for bringing to the United States aliens subject to denial of admission on a health-related ground
8 U.S.C. 1322(a) 8 CFR 280.53(b)(12) (INA section 272(a))
$5,432
1.02041
$5,543.

Penalties for bringing to the United States aliens without required documentation
8 U.S.C. 1323(b) 8 CFR 280.53(b)(13) (INA section 273(b))
$5,432
1.02041
$5,543.

Penalties for failure to depart
8 U.S.C. 1324d 8 CFR 280.53(b)(14) (INA section 274D)
$763
1.02041
$779.

Penalties for improper entry
8 U.S.C. 1325(b) 8 CFR 280.53(b)(15) (INA section 275(b))
$76-$382
1.02041
$78-$390.

Penalty for dealing in or using empty stamped imported liquor containers
19 U.S.C. 469
$508 **
1.02041
$518.

Penalty for transporting passengers between coastwise points in the United States by a non-coastwise qualified vessel
46 U.S.C. 55103(b) 19 CFR 4.80(b)(2)
$762 **
1.02041
$778.

Penalty for towing a vessel between coastwise points in the United States by a non-coastwise qualified vessel
46 U.S.C. 55111(c) 19 CFR 4.92
$889-$2795, plus $152 per ton **
1.02041
$907-$2852, plus $155 per ton.

* OMB, Implementation of the 2018 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 15, 2017.
https://www.whitehouse.gov/wp-content/uploads/2017/11/M-18-03.pdf.

** Adjustments made in Dec 8, 2017 final rule, 82 FR 57821.

C. U.S. Immigration and Customs Enforcement

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

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

Because both DHS and DOJ implement the three employment-related penalty sections in the INA, both Departments' implementing regulations reflect the civil penalty amounts. For a complete description of the civil money penalties assessed and a discussion of DHS's and DOJ's efforts to update the penalties in years past, see the IFR preamble at 81 FR 42991. Below is a table showing the 2018 adjustment for the penalties that ICE administers.
6

6
Table 3 also includes two civil penalties that were previously listed as penalties administered by CBP, but that are now indicated in this final rule as penalties that ICE administers. These are penalties for failure to depart voluntarily, INA section 240B(d), and failure to depart after a final order of removal, INA section 274D. Both CBP and ICE may administer these penalties, but as ICE is the DHS component primarily responsible for assessing and collecting them, they are now also listed among the penalties ICE administers.

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

Penalty name
Citation
Penalty amount as adjusted in the 2017 FR
Multiplier *
New penalty as adjusted by this final rule

Civil penalties for failure to depart voluntarily, Immigration and Naturalization Act section 240B(d)
8 U.S.C. 1229c(d) 8 CFR 280.53(b)(3)
$1,527-$7,635
1.02041
$1,558-$7,791

Civil penalties for violation of Immigration and Naturalization Act (INA) sections 274C(a)(1)-(a)(4), penalty for first offense
8 CFR 270.3(b)(1)(ii)(A)
$452-$3,621
1.02041
$461-$3,695

Civil penalties for violation of Immigration and Naturalization Act (INA) sections 274C(a)(5)-(a)(6), penalty for first offense
8 CFR 270.3(b)(1)(ii)(B)
$382-$3,054
1.02041
$390-$3,116

Civil penalties for violation of Immigration and Naturalization Act (INA) sections 274C(a)(1)-(a)(4), penalty for subsequent offenses
8 CFR 270.3(b)(1)(ii)(C)
$3,621-$9,054
1.02041
$3,695-$9,239

Civil penalties for violation of Immigration and Naturalization Act (INA) sections 274C(a)(5)-(a)(6), penalty for subsequent offenses
8 CFR 270.3(b)(1)(ii)(D)
$3,054-$7,635
1.02041
$3,116-$7,791

Violation/prohibition of indemnity bonds
8 CFR 274a.8(b)
$2,191
1.02041
$2,236

Civil penalties for knowingly hiring, recruiting, referral, or retention of unauthorized aliens—Penalty for first offense (per unauthorized alien)
8 CFR 274a.10(b)(1)(ii)(A)
$548-$4,384
1.02041
$559-$4,473

Penalty for second offense (per unauthorized alien)
8 CFR 274a.10(b)(1)(ii)(B)
$4,384-$10,957
1.02041
$4,473-$11,181

Penalty for third or subsequent offense (per unauthorized alien)
8 CFR 274a.10(b)(1)(ii)(C)
$6,575-$21,916
1.02041
$6,709-$22,363

Civil penalties for I-9 paperwork violations
8 CFR 274a.10(b)(2)
$220-$2,191
1.02041
$224-$2,236

Civil penalties for failure to depart, Immigration and Naturalization Act (INA) section 274D
8 U.S.C. 1324d 8 CFR 280.53(b)(14)
$763
1.02041
$779

* OMB, Implementation of the 2018 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 15, 2017.
https://www.whitehouse.gov/wp-content/uploads/2017/11/M-18-03.pdf.

D. U.S. Coast Guard

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

The Coast Guard has identified the penalties it administers, adjusted those penalties for inflation, and is listing those new penalties in a table located in the CFR—specifically, Table 1 in 33 CFR 27.3. Table 1 in 33 CFR 27.3 identifies the statutes that provide the Coast Guard with civil monetary penalty authority and sets out the inflation-adjusted maximum penalty that the Coast Guard may impose pursuant to each statutory provision. Table 1 in 33 CFR 27.3 provides the current maximum penalty for violations that occurred after November 2, 2015. The applicable civil penalty amounts for violations occurring on or before November 2, 2015 are set forth in previously published regulations amending 33 CFR part 27. To find the applicable penalty amount for a violation that occurred on or before November 2, 2015, look to the prior versions of the CFR that pertain to the date on which the violation occurred. Table 4 below shows the 2018 adjustment for the penalties that the Coast Guard administers.

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

Penalty name
Citation

Penalty amount as
adjusted in the 2017 FR

Multiplier *
New penalty as adjusted by this final rule

Saving Life and Property
14 U.S.C. 88(c)
$10,181
1.02041
$10,389

Saving Life and Property; Intentional Interference with Broadcast
14 U.S.C. 88(e)
1,045
1.02041
1,066

Confidentiality of Medical Quality Assurance Records (first offense)
14 U.S.C. 645(i); 33 CFR 27.3
5,114
1.02041
5,218

Confidentiality of Medical Quality Assurance Records (subsequent offenses)
14 U.S.C. 645(i); 33 CFR 27.3
34,095
1.02041
34,791

Aquatic Nuisance Species in Waters of the United States
16 U.S.C. 4711(g)(1); 33 CFR 27.3
38,175
1.02041
38,954

Obstruction of Revenue Officers by Masters of Vessels
19 U.S.C. 70; 33 CFR 27.3
7,623
1.02041
7,779

Obstruction of Revenue Officers by Masters of Vessels—Minimum Penalty
19 U.S.C. 70; 33 CFR 27.3
1,779
1.02041
1,815

Failure to Stop Vessel When Directed; Master, Owner, Operator or Person in Charge
19 U.S.C. 1581(d)
** 5,000
N/A
** 5,000

Failure to Stop Vessel When Directed; Master, Owner, Operator or Person in Charge—Minimum Penalty
19 U.S.C. 1581(d)
** 1,000
N/A
** 1,000

Anchorage Ground/Harbor Regulations General
33 U.S.C. 471; 33 CFR 27.3
11,053
1.02041
11,279

Anchorage Ground/Harbor Regulations St. Mary's river
33 U.S.C. 474; 33 CFR 27.3
762
1.02041
778

Bridges/Failure to Comply with Regulations
33 U.S.C. 495(b); 33 CFR 27.3
27,904
1.02041
28,474

Bridges/Drawbridges
33 U.S.C. 499(c); 33 CFR 27.3
27,904
1.02041
28,474

Bridges/Failure to Alter Bridge Obstructing Navigation
33 U.S.C. 502(c); 33 CFR 27.3
27,904
1.02041
28,474

Bridges/Maintenance and Operation
33 U.S.C. 533(b); 33 CFR 27.3
27,904
1.02041
28,474

Bridge to Bridge Communication; Master, Person in Charge or Pilot
33 U.S.C. 1208(a); 33 CFR 27.3
2,033
1.02041
2,074

Bridge to Bridge Communication; Vessel
33 U.S.C. 1208(b); 33 CFR 27.3
2,033
1.02041
2,074

PWSA Regulations
33 U.S.C. 1232(a); 33 CFR 27.3
90,063
1.02041
91,901

Vessel Navigation: Regattas or Marine Parades; Unlicensed Person in Charge
33 U.S.C. 1236(b); 33 CFR 27.3
9,054
1.02041
9,239

Vessel Navigation: Regattas or Marine Parades; Owner Onboard Vessel
33 U.S.C. 1236(c); 33 CFR 27.3
9,054
1.02041
9,239

Vessel Navigation: Regattas or Marine Parades; Other Persons
33 U.S.C. 1236(d); 33 CFR 27.3
4,527
1.02041
4,619

Oil/Hazardous Substances: Discharges (Class I per violation)
33 U.S.C. 1321(b)(6)(B)(i); 33 CFR 27.3
18,107
1.02041
18,477

Oil/Hazardous Substances: Discharges (Class I total under paragraph)
33 U.S.C. 1321(b)(6)(B)(i); 33 CFR 27.3
45,268
1.02041
46,192

Oil/Hazardous Substances: Discharges (Class II per day of violation)
33 U.S.C. 1321(b)(6)(B)(ii); 33 CFR 27.3
18,107
1.02041
18,477

Oil/Hazardous Substances: Discharges (Class II total under paragraph)
33 U.S.C. 1321(b)(6)(B)(ii); 33 CFR 27.3
226,338
1.02041
230,958

Oil/Hazardous Substances: Discharges (per day of violation) Judicial Assessment
33 U.S.C. 1321(b)(7)(A); 33 CFR 27.3
45,268
1.02041
46,192

Oil/Hazardous Substances: Discharges (per barrel of oil or unit discharged) Judicial Assessment
33 U.S.C. 1321(b)(7)(A); 33 CFR 27.3
1,811
1.02041
1,848

Oil/Hazardous Substances: Failure to Carry Out Removal/Comply With Order (Judicial Assessment)
33 U.S.C. 1321(b)(7)(B); 33 CFR 27.3
45,268
1.02041
46,192

Oil/Hazardous Substances: Failure to Comply with Regulation Issued Under 1321(j) (Judicial Assessment)
33 U.S.C. 1321(b)(7)(C); 33 CFR 27.3
45,268
1.02041
46,192

Oil/Hazardous Substances: Discharges, Gross Negligence (per barrel of oil or unit discharged) Judicial Assessment
33 U.S.C. 1321(b)(7)(D); 33 CFR 27.3
5,432
1.02041
5,543

Oil/Hazardous Substances: Discharges, Gross Negligence—Minimum Penalty (Judicial Assessment)
33 U.S.C. 1321(b)(7)(D); 33 CFR 27.3
181,071
1.02041
184,767

Marine Sanitation Devices; Operating
33 U.S.C. 1322(j); 33 CFR 27.3
7,623
1.02041
7,779

Marine Sanitation Devices; Sale or Manufacture
33 U.S.C. 1322(j); 33 CFR 27.3
20,327
1.02041
20,742

International Navigation Rules; Operator
33 U.S.C. 1608(a); 33 CFR 27.3
14,252
1.02041
14,543

International Navigation Rules; Vessel
33 U.S.C. 1608(b); 33 CFR 27.3
14,252
1.02041
14,543

Pollution from Ships; General
33 U.S.C. 1908(b)(1); 33 CFR 27.3
71,264
1.02041
72,718

Pollution from Ships; False Statement
33 U.S.C. 1908(b)(1); 33 CFR 27.3
14,252
1.02041
14,543

Inland Navigation Rules; Operator
33 U.S.C. 2072(a); 33 CFR 27.3
14,252
1.02041
14,543

Inland Navigation Rules; Vessel
33 U.S.C. 2072(b); 33 CFR 27.3
14,252
1.02041
14,543

Shore Protection; General
33 U.S.C. 2609(a); 33 CFR 27.3
50,276
1.02041
51,302

Shore Protection; Operating Without Permit
33 U.S.C. 2609(b); 33 CFR 27.3
20,111
1.02041
20,521

Oil Pollution Liability and Compensation
33 U.S.C. 2716a(a); 33 CFR 27.3
45,268
1.02041
46,192

Clean Hulls
33 U.S.C. 3852(a)(1)(A); 33 CFR 27.3
41,446
1.02041
42,292

Clean Hulls-related to false statements
33 U.S.C. 3852(a)(1)(A); 33 CFR 27.3
55,263
1.02041
56,391

Clean Hulls-Recreational Vessel
33 U.S.C. 3852(c); 33 CFR 27.3
5,526
1.02041
5,639

Hazardous Substances, Releases, Liability, Compensation (Class I)
42 U.S.C. 9609(a); 33 CFR 27.3
54,789
1.02041
55,907

Hazardous Substances, Releases, Liability, Compensation (Class II)
42 U.S.C. 9609(b); 33 CFR 27.3
54,789
1.02041
55,907

Hazardous Substances, Releases, Liability, Compensation (Class II subsequent offense)
42 U.S.C. 9609(b); 33 CFR 27.3
164,367
1.02041
167,722

Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment)
42 U.S.C. 9609(c); 33 CFR 27.3
54,789
1.02041
55,907

Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment subsequent offense)
42 U.S.C. 9609(c); 33 CFR 27.3
164,367
1.02041
167,722

Safe Containers for International Cargo
46 U.S.C. App 1505(a)(2) (codified as 46 U.S.C. 80509); 33 CFR 27.3
5,989
1.02041
6,111

Suspension of Passenger Service
46 U.S.C. App 1805(c)(2) (codified 46 U.S.C. 70305); 33 CFR 27.3
59,893
1.02041
61,115

Vessel Inspection or Examination Fees
46 U.S.C. 2110(e); 33 CFR 27.3
9,054
1.02041
9,239

Alcohol and Dangerous Drug Testing
46 U.S.C. 2115; 33 CFR 27.3
7,370
1.02041
7,520

Negligent Operations: Recreational Vessels
46 U.S.C. 2302(a); 33 CFR 27.3
6,666
1.02041
6,802

Negligent Operations: Other Vessels
46 U.S.C. 2302(a); 33 CFR 27.3
33,333
1.02041
34,013

Operating a Vessel While Under the Influence of Alcohol or a Dangerous Drug
46 U.S.C. 2302(c)(1); 33 CFR 27.3
7,370
1.02041
7,520

Vessel Reporting Requirements: Owner, Charterer, Managing Operator, or Agent
46 U.S.C. 2306(a)(4); 33 CFR 27.3
11,478
1.02041
11,712

Vessel Reporting Requirements: Master
46 U.S.C. 2306(b)(2); 33 CFR 27.3
2,296
1.02041
2,343

Immersion Suits
46 U.S.C. 3102(c)(1); 33 CFR 27.3
11,478
1.02041
11,712

Inspection Permit
46 U.S.C. 3302(i)(5); 33 CFR 27.3
2,394
1.02041
2,443

Vessel Inspection; General
46 U.S.C. 3318(a); 33 CFR 27.3
11,478
1.02041
11,712

Vessel Inspection; Nautical School Vessel
46 U.S.C. 3318(g); 33 CFR 27.3
11,478
1.02041
11,712

Vessel Inspection; Failure to Give Notice IAW 3304(b)
46 U.S.C. 3318(h); 33 CFR 27.3
2,296
1.02041
2,343

Vessel Inspection; Failure to Give Notice IAW 3309(c)
46 U.S.C. 3318(i); 33 CFR 27.3
2,296
1.02041
2,343

Vessel Inspection; Vessel ≥1600 Gross Tons
46 U.S.C. 3318(j)(1); 33 CFR 27.3
22,957
1.02041
23,426

Vessel Inspection; Vessel <1600 Gross Tons
46 U.S.C. 3318(j)(1); 33 CFR 27.3
4,591
1.02041
4,685

Vessel Inspection; Failure to Comply with 3311(b)
46 U.S.C. 3318(k); 33 CFR 27.3
22,957
1.02041
23,426

Vessel Inspection; Violation of 3318(b)-3318(f)
46 U.S.C. 3318(l); 33 CFR 27.3
11,478
1.02041
11,712

List/count of Passengers
46 U.S.C. 3502(e); 33 CFR 27.3
239
1.02041
244

Notification to Passengers
46 U.S.C. 3504(c); 33 CFR 27.3
23,933
1.02041
24,421

Notification to Passengers; Sale of Tickets
46 U.S.C. 3504(c); 33 CFR 27.3
1,196
1.02041
1,220

Copies of Laws on Passenger Vessels; Master
46 U.S.C. 3506; 33 CFR 27.3
479
1.02041
489

Liquid Bulk/Dangerous Cargo
46 U.S.C. 3718(a)(1); 33 CFR 27.3
59,834
1.02041
61,055

Uninspected Vessels
46 U.S.C. 4106; 33 CFR 27.3
10,055
1.02041
10,260

Recreational Vessels (maximum for related series of violations)
46 U.S.C. 4311(b)(1); 33 CFR 27.3
316,566
1.02041
323,027

Recreational Vessels; Violation of 4307(a)
46 U.S.C. 4311(b)(1); 33 CFR 27.3
6,331
1.02041
6,460

Recreational vessels
46 U.S.C. 4311(c); 33 CFR 27.3
2,394
1.02041
2,443

Uninspected Commercial Fishing Industry Vessels
46 U.S.C. 4507; 33 CFR 27.3
10,055
1.02041
10,260

Abandonment of Barges
46 U.S.C. 4703; 33 CFR 27.3
1,704
1.02041
1,739

Load Lines
46 U.S.C. 5116(a); 33 CFR 27.3
10,957
1.02041
11,181

Load Lines; Violation of 5112(a)
46 U.S.C. 5116(b); 33 CFR 27.3
21,916
1.02041
22,363

Load Lines; Violation of 5112(b)
46 U.S.C. 5116(c); 33 CFR 27.3
10,957
1.02041
11,181

Reporting Marine Casualties
46 U.S.C. 6103(a); 33 CFR 27.3
38,175
1.02041
38,954

Reporting Marine Casualties; Violation of 6104
46 U.S.C. 6103(b); 33 CFR 27.3
10,055
1.02041
10,260

Manning of Inspected Vessels; Failure to Report Deficiency in Vessel Complement
46 U.S.C. 8101(e); 33 CFR 27.3
1,811
1.02041
1,848

Manning of Inspected Vessels
46 U.S.C. 8101(f); 33 CFR 27.3
18,107
1.02041
18,477

Manning of Inspected Vessels; Employing or Serving in Capacity not Licensed by USCG
46 U.S.C. 8101(g); 33 CFR 27.3
18,107
1.02041
18,477

Manning of Inspected Vessels; Freight Vessel <100 GT, Small Passenger Vessel, or Sailing School Vessel
46 U.S.C. 8101(h); 33 CFR 27.3
2,394
1.02041
2,443

Watchmen on Passenger Vessels
46 U.S.C. 8102(a)
2,394
1.02041
2,443

Citizenship Requirements
46 U.S.C. 8103(f)
1,196
1.02041
1,220

Watches on Vessels; Violation of 8104(a) or (b)
46 U.S.C. 8104(i)
18,107
1.02041
18,477

Watches on Vessels; Violation of 8104(c), (d), (e), or (h)
46 U.S.C. 8104(j)
18,107
1.02041
18,477

Staff Department on Vessels
46 U.S.C. 8302(e)
239
1.02041
244

Officer's Competency Certificates
46 U.S.C. 8304(d)
239
1.02041
244

Coastwise Pilotage; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge
46 U.S.C. 8502(e)
18,107
1.02041
18,477

Coastwise Pilotage; Individual
46 U.S.C. 8502(f)
18,107
1.02041
18,477

Federal Pilots
46 U.S.C. 8503
57,391
1.02041
58,562

Merchant Mariners Documents
46 U.S.C. 8701(d)
1,196
1.02041
1,220

Crew Requirements
46 U.S.C. 8702(e)
18,107
1.02041
18,477

Small Vessel Manning
46 U.S.C. 8906
38,175
1.02041
38,954

Pilotage: Great Lakes; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge
46 U.S.C. 9308(a)
18,107
1.02041
18,477

Pilotage: Great Lakes; Individual
46 U.S.C. 9308(b)
18,107
1.02041
18,477

Pilotage: Great Lakes; Violation of 9303
46 U.S.C. 9308(c)
18,107
1.02041
18,477

Failure to Report Sexual Offense
46 U.S.C. 10104(b)
9,623
1.02041
9,819

Pay Advances to Seamen
46 U.S.C. 10314(a)(2)
1,196
1.02041
1,220

Pay Advances to Seamen; Remuneration for Employment
46 U.S.C. 10314(b)
1,196
1.02041
1,220

Allotment to Seamen
46 U.S.C. 10315(c)
1,196
1.02041
1,220

Seamen Protection; General
46 U.S.C. 10321
8,296
1.02041
8,465

Coastwise Voyages: Advances
46 U.S.C. 10505(a)(2)
8,296
1.02041
8,465

Coastwise Voyages: Advances; Remuneration for Employment
46 U.S.C. 10505(b)
8,296
1.02041
8,465

Coastwise Voyages: Seamen Protection; General
46 U.S.C. 10508(b)
8,296
1.02041
8,465

Effects of Deceased Seamen
46 U.S.C. 10711
479
1.02041
489

Complaints of Unfitness
46 U.S.C. 10902(a)(2)
1,196
1.02041
1,220

Proceedings on Examination of Vessel
46 U.S.C. 10903(d)
239
1.02041
244

Permission to Make Complaint
46 U.S.C. 10907(b)
1,196
1.02041
1,220

Accommodations for Seamen
46 U.S.C. 11101(f)
1,196
1.02041
1,220

Medicine Chests on Vessels
46 U.S.C. 11102(b)
1,196
1.02041
1,220

Destitute Seamen
46 U.S.C. 11104(b)
239
1.02041
244

Wages on Discharge
46 U.S.C. 11105(c)
1,196
1.02041
1,220

Log Books; Master Failing to Maintain
46 U.S.C. 11303(a)
479
1.02041
489

Log Books; Master Failing to Make Entry
46 U.S.C. 11303(b)
479
1.02041
489

Log Books; Late Entry
46 U.S.C. 11303(c)
359
1.02041
366

Carrying of Sheath Knives
46 U.S.C. 11506
120
1.02041
122

Vessel Documentation
46 U.S.C. 12151(a)(1)
15,675
1.02041
15,995

Documentation of Vessels—Related to Activities involving mobile offshore drilling units
46 U.S.C. 12151(a)(2)
26,126
1.02041
26,659

Vessel Documentation; Fishery Endorsement
46 U.S.C. 12151(c)
119,786
1.02041
122,231

Numbering of Undocumented Vessels—Willful violation
46 U.S.C. 12309(a)
11,967
1.02041
12,211

Numbering of Undocumented Vessels
46 U.S.C. 12309(b)
2,394
1.02041
2,443

Vessel Identification System
46 U.S.C. 12507(b)
20,111
1.02041
20,521

Measurement of Vessels
46 U.S.C. 14701
43,832
1.02041
44,727

Measurement; False Statements
46 U.S.C. 14702
43,832
1.02041
44,727

Commercial Instruments and Maritime Liens
46 U.S.C. 31309
20,111
1.02041
20,521

Commercial Instruments and Maritime Liens; Mortgagor
46 U.S.C. 31330(a)(2)
20,111
1.02041
20,521

Commercial Instruments and Maritime Liens; Violation of 31329
46 U.S.C. 31330(b)(2)
50,276
1.02041
51,302

Port Security
46 U.S.C. 70119(a)
33,333
1.02041
34,013

Port Security—Continuing Violations
46 U.S.C. 70119(b)
59,893
1.02041
61,115

Maritime Drug Law Enforcement
46 U.S.C. 70506(c)
5,526
1.02041
5,639

Hazardous Materials: Related to Vessels
49 U.S.C. 5123(a)(1)
78,376
1.02041
79,976

Hazardous Materials: Related to Vessels—Penalty from Fatalities, Serious Injuries/Illness or substantial Damage to Property
49 U.S.C. 5123(a)(2)
182,877
1.02041
186,610

Hazardous Materials: Related to Vessels; Training
49 U.S.C. 5123(a)(3)
471
1.02041
481

* OMB, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 15, 2017.
https://www.whitehouse.gov/wp-content/uploads/2017/11/M-18-03.pdf.

** Enacted under the Tariff Act; exempt from inflation adjustments.

E. Transportation Security Administration

The Transportation Security Administration (TSA) is updating its civil penalties regulation in accordance with the 2015 Act. Pursuant to its statutory authority in 49 U.S.C. 46301(a)(1) and (4) and 49 U.S.C. 114(v),
7

TSA may impose penalties for violations of any statute that TSA administers, whether an implementing regulation or order imposes the penalty. TSA assesses these penalties for a wide variety of aviation and surface security requirements, including violations of TSA's requirements applicable to Transportation Worker Identification Credentials (TWIC),
8

as well as violations of requirements described in chapter 449 of title 49 of the United States Code. These penalties can apply to a wide variety of situations, as described in the statutory and regulatory provisions, as well as in guidance that TSA publishes. Below is a table showing the 2018 adjustment for the penalties that TSA administers.

7
As amended by sec. 1302 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Pub. L. 110-53, 121 Stat. 266 (Aug. 3, 2007)).

8

See, e.g.,
46 U.S.C. 70105, 49 U.S.C. 46302 and 46303, and U.S.C. chapter 449.

Table 5—Transportation Security Administration Civil Penalties Adjustments

Penalty name
Citation
Penalty amount as adjusted in the 2017 FR
Multiplier *

New penalty as
adjusted by this
final rule

Violation of 49 U.S.C. ch. 449 (except secs. 44902, 44903(d), 44907(a)-(d)(1)(A), 44907(d)(1)(C)-(f), 44908, and 44909), or 49 U.S.C. 46302 or 46303, a regulation prescribed, or order issued thereunder by a person operating an aircraft for the transportation of passengers or property for compensation
49 U.S.C. 46301(a)(1), (4); 49 CFR 1503.401(c)(2)
$32,666 (up to a total of $522,657 per civil penalty action)
1.02041
$33,333 (up to a total of $533,324 per civil penalty action).

Violation of 49 U.S.C. ch. 449 (except secs. 44902, 44903(d), 44907(a)-(d)(1)(A), 44907(d)(1)(C)-(f), 44908, and 44909), or 49 U.S.C. 46302 or 46303, a 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
49 U.S.C. 46301(a)(1), (4); 49 CFR 1503.401(c)(1)
$13,066 (up to a total of $65,333 total for small businesses, $522,657 for others)
1.02041
$13,333(up to a total of $66,666 total for small business, $533,324 for others).

Violation of any other provision of title 49 U.S.C. or of 46 U.S.C. ch. 701, a regulation prescribed, or order issued thereunder
49 U.S.C. 114(v); 49 CFR 1503.401(b)
$11,182 (up to a total of $55,910 total for small businesses, $447,280 for others)
1.02041
$11,410 (up to a total of $57,051 total for small businesses, $456,409 for others).

* OMB, Implementation of the 2018 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 15, 2017.
https://www.whitehouse.gov/wp-content/uploads/2017/11/M-18-03.pdf.

V. Administrative Procedure Act

DHS is promulgating this final rule to ensure that the amount of civil penalties that DHS assesses or enforces reflects the statutorily mandated ranges as adjusted for inflation. The 2015 Act provides a clear formula for adjustment of the civil penalties, leaving DHS and its components with little room for discretion. DHS and its components have been charged only with performing ministerial computations to determine the amounts of adjustments for inflation to civil monetary penalties. In these annual adjustments DHS is merely updating the penalty amounts by applying the cost-of-living adjustment multiplier that OMB has provided to agencies. Furthermore, the 2015 Act specifically instructed that agencies make the required annual adjustments notwithstanding section 553 of title 5 of the United States Code. Thus, as specified in the 2015 Act, the prior public notice-and-comment procedures and delayed effective date requirements of the Administrative Procedure Act (APA) do not apply to this rule.

VI. Regulatory Analyses

A. Executive Orders 12866 and 13563

Executive Orders 12866 and 13563 direct agencies to assess the costs and

benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. OMB has not designated this final rule a “significant regulatory action” under section 3(f) of Executive Order 12866. Accordingly, OMB has not reviewed this rule.

This final rule makes nondiscretionary adjustments to existing civil monetary penalties in accordance with the 2015 Act and OMB guidance.
9

DHS therefore did not consider alternatives and does not have the flexibility to alter the adjustments of the civil monetary penalty amounts as provided in this rule. To the extent this final rule increases civil monetary penalties, it would result in an increase in transfers from persons or entities assessed a civil monetary penalty to the government.

9
OMB, Implementation of the 2018 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 15, 2017.
https://www.whitehouse.gov/wp-content/uploads/2017/11/M-18-03.pdf.

B. Regulatory Flexibility Act

The Regulatory Flexibility Act applies only to rules for which an agency publishes a notice of proposed rulemaking pursuant to 5 U.S.C. 553(b). See 5 U.S.C. 601-612. The Regulatory Flexibility Act does not apply to this final rule, because a notice of proposed rulemaking was not required for the reasons stated above.

C. Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538, requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or Tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. This final rule will not result in such an expenditure.

D. Paperwork Reduction Act

The provisions of the Paperwork Reduction Act of 1995, 44 U.S.C. chapter 35, and its implementing regulations, 5 CFR part 1320, do not apply to this final rule, because this final rule does not trigger any new or revised recordkeeping or reporting.

List of Subjects

6 CFR Part 27
Reporting and recordkeeping requirements, Security measures.

8 CFR Part 270
Administrative practice and procedure, Aliens, Employment, Fraud, Penalties.

8 CFR Part 274a
Administrative practice and procedure, Aliens, Employment, Penalties, Reporting and recordkeeping requirements.

8 CFR Part 280
Administrative practice and procedure, Immigration, Penalties.

19 CFR Part 4
Customs duties and inspection, Exports, Freight, Harbors, Maritime carriers, Oil pollution, Reporting and recordkeeping requirements, Vessels.

33 CFR Part 27
Administrative practice and procedure, Penalties.

49 CFR Part 1503
Administrative practice and procedure, Investigations, Law enforcement, Penalties.

Amendments to the Regulations

Accordingly, for the reasons stated in the preamble, DHS is amending 6 CFR part 27, 8 CFR parts 270, 274a, and 280, 19 CFR part 4, 33 CFR part 27, and 49 CFR part 1503 as follows:

Title 6—Domestic Security

PART 27—CHEMICAL FACILITY ANTI-TERRORISM STANDARDS

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.

2. In § 27.300, revise paragraph (b)(3) to read as follows:

§ 27.300
Orders.

(b) * * *

(3) Where the Assistant Secretary determines that a facility is in violation of an Order issued pursuant to paragraph (a) of this section and issues an Order Assessing Civil Penalty pursuant to paragraph (b)(1) of this section, a chemical facility is liable to the United States for a civil penalty of not more than $25,000 for each day during which the violation continues, if the violation of the Order occurred on or before November 2, 2015, or $34,013 for each day during which the violation of the Order continues, if the violation occurred after November 2, 2015.

Title 8—Aliens and Nationality

PART 270—PENALTIES FOR DOCUMENT FRAUD

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.

4. In § 270.3, revise paragraphs (b)(1)(ii)(A) through (D) to read as follows:

§ 270.3
Penalties.

(b) * * *

(1) * * *

(ii) * * *

(A)
First offense under section 274C(a)(1) through (a)(4).
Not less than $275 and not exceeding $2,200 for each fraudulent document or each proscribed activity described in section 274C(a)(1) through (a)(4) of the Act before March 27, 2008; not less than $375 and not exceeding $3,200 for each fraudulent document or each proscribed activity described in section 274C(a)(1) through (a)(4) of the Act on or after March 27, 2008 and on or before November 2, 2015; and not less than $461 and not exceeding $3,695 for each fraudulent document or each proscribed activity described in section 274C(a)(1) through (a)(4) of the Act after November 2, 2015.

(B)
First offense under section 274C(a)(5) or (a)(6).
Not less than $250 and not exceeding $2,000 for each fraudulent document or each proscribed activity described in section 274C(a)(5) or (a)(6) of the Act before March 27, 2008; not less than $275 and not exceeding $2,200 for each fraudulent document or each proscribed activity described in section 274C(a)(5) or (a)(6) of the Act on or after March 27, 2008 and on or before November 2, 2015; and not less than $390 and not exceeding $3,116 for each fraudulent document or each proscribed activity described in section 274C(a)(5) or (a)(6) of the Act after November 2, 2015.

(C)
Subsequent offenses under section 274C(a)(1) through (a)(4).
Not less than $2,200 and not more than $5,500 for each fraudulent document or each proscribed activity described in section 274C(a)(1) through (a)(4) of the Act before March 27, 2008; not less than

$3,200 and not exceeding $6,500 for each fraudulent document or each proscribed activity described in section 274C(a)(1) through (a)(4) of the Act occurring on or after March 27, 2008 and on or before November 2, 2015; and not less than $3,695 and not more than $9,239 for each fraudulent document or each proscribed activity described in section 274C(a)(1) through (a)(4) of the Act after November 2, 2015.

(D)
Subsequent offenses under section 274C(a)(5) or (a)(6).
Not less than $2,000 and not more than $5,000 for each fraudulent document or each proscribed activity described in section 274C(a)(5) or (a)(6) of the Act before March 27, 2008; not less than $2,200 and not exceeding $5,500 for each fraudulent document or each proscribed activity described in section 274C(a)(5) or (a)(6) of the Act occurring on or after March 27, 2008 and on or before November 2, 2015; and not less than $3,116 and not more than $7,791 for each fraudulent document or each proscribed activity described in section 274C(a)(5) or (a)(6) of the Act after November 2, 2015.

PART 274a—CONTROL OF EMPLOYMENT OF ALIENS

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.

6. In § 274a.8, revise paragraph (b) to read as follows:

§ 274a.8
Prohibition of indemnity bonds.

(b)
Penalty.
Any person or other entity who requires any individual to post a bond or security as stated in this section shall, after notice and opportunity for an administrative hearing in accordance with section 274A(e)(3)(B) of the Act, be subject to a civil monetary penalty of $1,000 for each violation before September 29, 1999, of $1,100 for each violation occurring on or after September 29, 1999 but on or before November 2, 2015, and of $2,236 for each violation occurring after November 2, 2015, and to an administrative order requiring the return to the individual of any amounts received in violation of this section or, if the individual cannot be located, to the general fund of the Treasury.

7. In § 274a.10, revise paragraphs (b)(1)(ii)(A) through (C) and (b)(2) introductory text to read as follows:

§ 274a.10
Penalties.

(b) * * *

(1) * * *

(ii) * * *

(A) First offense—not less than $275 and not more than $2,200 for each unauthorized alien with respect to whom the offense occurred before March 27, 2008; not less than $375 and not exceeding $3,200, for each unauthorized alien with respect to whom the offense occurred occurring on or after March 27, 2008 and on or before November 2, 2015; and not less than $559 and not more than $4,473 for each unauthorized alien with respect to whom the offense occurred occurring after November 2, 2015.

(B) Second offense—not less than $2,200 and not more than $5,500 for each unauthorized alien with respect to whom the second offense occurred before March 27, 2008; not less than $3,200 and not more than $6,500, for each unauthorized alien with respect to whom the second offense occurred on or after March 27, 2008 and on or before November 2, 2015; and not less than $4,473 and not more than $11,181 for each unauthorized alien with respect to whom the second offense occurred after November 2, 2015; or

(C) More than two offenses—not less than $3,300 and not more than $11,000 for each unauthorized alien with respect to whom the third or subsequent offense occurred before March 27, 2008; not less than $4,300 and not exceeding $16,000, for each unauthorized alien with respect to whom the third or subsequent offense occurred on or after March 27, 2008 and on or before November 2, 2015; and not less than $6,709 and not more than $22,363 for each unauthorized alien with respect to whom the third or subsequent offense occurred after November 2, 2015; and

(2) A respondent determined by the Service (if a respondent fails to request a hearing) or by an administrative law judge, to have failed to comply with the employment verification requirements as set forth in § 274a.2(b), shall be subject to a civil penalty in an amount of not less than $100 and not more than $1,000 for each individual with respect to whom such violation occurred before September 29, 1999; not less than $110 and not more than $1,100 for each individual with respect to whom such violation occurred on or after September 29, 1999 and on or before November 2, 2015; and not less than $224 and not more than $2,236 for each individual with respect to whom such violation occurred after November 2, 2015. In determining the amount of the penalty, consideration shall be given to:

PART 280—IMPOSITION AND COLLECTION OF FINES

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.

9. In § 280.53, revise paragraphs (b)(1) through (15) to read as follows:

§ 280.53
Civil monetary penalties inflation adjustment.

(b) * * *

(1) Section 231(g) of the Act, Penalties for non-compliance with arrival and departure manifest requirements for passengers, crewmembers, or occupants transported on commercial vessels or aircraft arriving to or departing from the United States: From $1,333 to $1,360.

(2) Section 234 of the Act, Penalties for non-compliance with landing requirements at designated ports of entry for aircraft transporting aliens: From $3,621 to $3,695.

(3) Section 240B(d) of the Act, Penalties for failure to depart voluntarily: From $1,527 minimum/$7,635 maximum to $1,558 minimum/$7,791 maximum.

(4) Section 243(c)(1)(A) of the Act, Penalties for violations of removal orders relating to aliens transported on vessels or aircraft, under section 241(d) of the Act, or for costs associated with removal under section 241(e) of the Act: From $3,054 to $3,116;

(5) Penalties for failure to remove alien stowaways under section 241(d)(2): From $7,635 to $7,791.

(6) Section 251(d) of the Act, Penalties for failure to report an illegal landing or desertion of alien crewmen, and for each alien not reported on arrival or departure manifest or lists required in accordance with section 251 of the Act: From $362 to $369; and penalties for use of alien crewmen for longshore work in violation of section 251(d) of the Act: From $9,054 to $9,239.

(7) Section 254(a) of the Act, Penalties for failure to control, detain, or remove alien crewmen: From $906 minimum/$5,432 maximum to $924 minimum/$5,543 maximum.

(8) Section 255 of the Act, Penalties for employment on passenger vessels of aliens afflicted with certain disabilities: From $1,811 to $1,848.

(9) Section 256 of the Act, Penalties for discharge of alien crewmen: From

$2,716 minimum/$5,432 maximum to $2,771 minimum/$5,543 maximum.

(10) Section 257 of the Act, Penalties for bringing into the United States alien crewmen with intent to evade immigration laws: From $18,107 maximum to $18,477 maximum.

(11) Section 271(a) of the Act, Penalties for failure to prevent the unauthorized landing of aliens: From $5,432 to $5,543.

(12) Section 272(a) of the Act, Penalties for bringing to the United States aliens subject to denial of admission on a health-related ground: From $5,432 to $5,543.

(13) Section 273(b) of the Act, Penalties for bringing to the United States aliens without required documentation: From $5,432 to $5,543.

(14) Section 274D of the Act, Penalties for failure to depart: From $763 to $779, for each day the alien is in violation.

(15) Section 275(b) of the Act, Penalties for improper entry: From $76 minimum/$382 maximum to $78 minimum/$390 maximum, for each entry or attempted entry.

Title 19—Customs Duties

PART 4—VESSELS IN FOREIGN AND DOMESTIC TRADES

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, § 211;

Section 4.92 also issued under 28 U.S.C. 2461 note; 46 U.S.C. 55111;

11. In § 4.80, revise paragraph (b)(2) to read as follows:

§ 4.80
Vessels entitled to engage in coastwise trade.

(b) * * *

(2) The penalty imposed for the unlawful transportation of passengers between coastwise points is $300 for each passenger so transported and landed on or before November 2, 2015, and $778 for each passenger so transported and landed after November 2, 2015 (46 U.S.C. 55103, as adjusted by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015).

12. In § 4.92, revise the second and third sentences to read as follows:

§ 4.92
Towing.
* * * The penalties for violation of this provision occurring on or before November 2, 2015, are a fine of from $350 to $1,100 against the owner or master of the towing vessel and a further penalty against the towing vessel of $60 per ton of the towed vessel. The penalties for violation of this provision occurring after November 2, 2015, are a fine of from $907 to $2,852 against the owner or master of the towing vessel and a further penalty against the towing vessel of $155 per ton of the towed vessel (46 U.S.C. 55111, as adjusted by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015).

Title 33—Navigation and Navigable Waters

PART 27—ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION

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).

14. In § 27.3, revise the third sentence of the introductory text and table 1 to read as follows:

§ 27.3
Penalty adjustment table.
* * * The adjusted civil penalty amounts listed in Table 1 are applicable for penalty assessments issued after April 2, 2018, with respect to violations occurring after November 2, 2015. * * *

Table 1—Civil Monetary Penalty Inflation Adjustments

U.S. Code citation
Civil monetary penalty description

2018 adjusted
maximum
penalty
amount

14 U.S.C. 88(c)
Saving Life and Property
$10,389

14 U.S.C. 88(e)
Saving Life and Property; Intentional Interference with Broadcast
1,066

14 U.S.C. 645(i)
Confidentiality of Medical Quality Assurance Records (first offense)
5,218

14 U.S.C. 645(i)
Confidentiality of Medical Quality Assurance Records (subsequent offenses)
34,791

16 U.S.C. 4711(g)(1)
Aquatic Nuisance Species in Waters of the United States
38,954

19 U.S.C. 70
Obstruction of Revenue Officers by Masters of Vessels
7,779

19 U.S.C. 70
Obstruction of Revenue Officers by Masters of Vessels—Minimum Penalty
1,815

19 U.S.C. 1581(d)

Failure to Stop Vessel When Directed; Master, Owner, Operator or Person in Charge
1

5,000

19 U.S.C. 1581(d)

Failure to Stop Vessel When Directed; Master, Owner, Operator or Person in Charge—Minimum Penalty
1

1,000

33 U.S.C. 471
Anchorage Ground/Harbor Regulations General
11,279

33 U.S.C. 474
Anchorage Ground/Harbor Regulations St. Mary's River
778

33 U.S.C. 495(b)
Bridges/Failure to Comply with Regulations
28,474

33 U.S.C. 499(c)
Bridges/Drawbridges
28,474

33 U.S.C. 502(c)
Bridges/Failure to Alter Bridge Obstructing Navigation
28,474

33 U.S.C. 533(b)
Bridges/Maintenance and Operation
28,474

33 U.S.C. 1208(a)
Bridge to Bridge Communication; Master, Person in Charge or Pilot
2,074

33 U.S.C. 1208(b)
Bridge to Bridge Communication; Vessel
2,074

33 U.S.C. 1232(a)
PWSA Regulations
91,901

33 U.S.C. 1236(b)
Vessel Navigation: Regattas or Marine Parades; Unlicensed Person in Charge
9,239

33 U.S.C. 1236(c)
Vessel Navigation: Regattas or Marine Parades; Owner Onboard Vessel
9,239

33 U.S.C. 1236(d)
Vessel Navigation: Regattas or Marine Parades; Other Persons
4,619

33 U.S.C. 1321(b)(6)(B)(i)
Oil/Hazardous Substances: Discharges (Class I per violation)
18,477

33 U.S.C. 1321(b)(6)(B)(i)
Oil/Hazardous Substances: Discharges (Class I total under paragraph)
46,192

33 U.S.C. 1321(b)(6)(B)(ii)
Oil/Hazardous Substances: Discharges (Class II per day of violation)
18,477

33 U.S.C. 1321(b)(6)(B)(ii)
Oil/Hazardous Substances: Discharges (Class II total under paragraph)
230,958

33 U.S.C. 1321(b)(7)(A)
Oil/Hazardous Substances: Discharges (per day of violation) Judicial Assessment
46,192

33 U.S.C. 1321(b)(7)(A)
Oil/Hazardous Substances: Discharges (per barrel of oil or unit discharged) Judicial Assessment
1,848

33 U.S.C. 1321(b)(7)(B)
Oil/Hazardous Substances: Failure to Carry Out Removal/Comply With Order (Judicial Assessment)
46,192

33 U.S.C. 1321(b)(7)(C)
Oil/Hazardous Substances: Failure to Comply with Regulation Issued Under 1321(j) (Judicial Assessment)
46,192

33 U.S.C. 1321(b)(7)(D)
Oil/Hazardous Substances: Discharges, Gross Negligence (per barrel of oil or unit discharged) Judicial Assessment
5,543

33 U.S.C. 1321(b)(7)(D)
Oil/Hazardous Substances: Discharges, Gross Negligence—Minimum Penalty (Judicial Assessment)
184,767

33 U.S.C. 1322(j)
Marine Sanitation Devices; Operating
7,779

33 U.S.C. 1322(j)
Marine Sanitation Devices; Sale or Manufacture
20,742

33 U.S.C. 1608(a)
International Navigation Rules; Operator
14,543

33 U.S.C. 1608(b)
International Navigation Rules; Vessel
14,543

33 U.S.C. 1908(b)(1)
Pollution from Ships; General
72,718

33 U.S.C. 1908(b)(2)
Pollution from Ships; False Statement
14,543

33 U.S.C. 2072(a)
Inland Navigation Rules; Operator
14,543

33 U.S.C. 2072(b)
Inland Navigation Rules; Vessel
14,543

33 U.S.C. 2609(a)
Shore Protection; General
51,302

33 U.S.C. 2609(b)
Shore Protection; Operating Without Permit
20,521

33 U.S.C. 2716a(a)
Oil Pollution Liability and Compensation
46,192

33 U.S.C. 3852(a)(1)(A)
Clean Hulls; Civil Enforcement
42,292

33 U.S.C. 3852(a)(1)(A)
Clean Hulls; related to false statements
56,391

33 U.S.C. 3852(c)
Clean Hulls; Recreational Vessels
5,639

42 U.S.C. 9609(a)
Hazardous Substances, Releases, Liability, Compensation (Class I)
55,907

42 U.S.C. 9609(b)
Hazardous Substances, Releases, Liability, Compensation (Class II)
55,907

42 U.S.C. 9609(b)
Hazardous Substances, Releases, Liability, Compensation (Class II subsequent offense)
167,722

42 U.S.C. 9609(c)
Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment)
55,907

42 U.S.C. 9609(c)
Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment subsequent offense)
167,722

46 U.S.C. 80509(a)
Safe Containers for International Cargo
6,111

46 U.S.C. 70305(c)
Suspension of Passenger Service
61,115

46 U.S.C. 2110(e)
Vessel Inspection or Examination Fees
9,239

46 U.S.C. 2115
Alcohol and Dangerous Drug Testing
7,520

46 U.S.C. 2302(a)
Negligent Operations: Recreational Vessels
6,802

46 U.S.C. 2302(a)
Negligent Operations: Other Vessels
34,013

46 U.S.C. 2302(c)(1)
Operating a Vessel While Under the Influence of Alcohol or a Dangerous Drug
7,520

46 U.S.C. 2306(a)(4)
Vessel Reporting Requirements: Owner, Charterer, Managing Operator, or Agent
11,712

46 U.S.C. 2306(b)(2)
Vessel Reporting Requirements: Master
2,343

46 U.S.C. 3102(c)(1)
Immersion Suits
11,712

46 U.S.C. 3302(i)(5)
Inspection Permit
2,443

46 U.S.C. 3318(a)
Vessel Inspection; General
11,712

46 U.S.C. 3318(g)
Vessel Inspection; Nautical School Vessel
11,712

46 U.S.C. 3318(h)
Vessel Inspection; Failure to Give Notice IAW 3304(b)
2,343

46 U.S.C. 3318(i)
Vessel Inspection; Failure to Give Notice IAW 3309(c)
2,343

46 U.S.C. 3318(j)(1)
Vessel Inspection; Vessel ≥1600 Gross Tons
23,426

46 U.S.C. 3318(j)(1)
Vessel Inspection; Vessel <1600 Gross Tons
4,685

46 U.S.C. 3318(k)
Vessel Inspection; Failure to Comply with 3311(b)
23,426

46 U.S.C. 3318(l)
Vessel Inspection; Violation of 3318(b)-3318(f)
11,712

46 U.S.C. 3502(e)
List/count of Passengers
244

46 U.S.C. 3504(c)
Notification to Passengers
24,421

46 U.S.C. 3504(c)
Notification to Passengers; Sale of Tickets
1,220

46 U.S.C. 3506
Copies of Laws on Passenger Vessels; Master
489

46 U.S.C. 3718(a)(1)
Liquid Bulk/Dangerous Cargo
61,055

46 U.S.C. 4106
Uninspected Vessels
10,260

46 U.S.C. 4311(b)(1)
Recreational Vessels (maximum for related series of violations)
323,027

46 U.S.C. 4311(b)(1)
Recreational Vessels; Violation of 4307(a)
6,460

46 U.S.C. 4311(c)
Recreational Vessels
2,443

46 U.S.C. 4507
Uninspected Commercial Fishing Industry Vessels
10,260

46 U.S.C. 4703
Abandonment of Barges
1,739

46 U.S.C. 5116(a)
Load Lines
11,181

46 U.S.C. 5116(b)
Load Lines; Violation of 5112(a)
22,363

46 U.S.C. 5116(c)
Load Lines; Violation of 5112(b)
11,181

46 U.S.C. 6103(a)
Reporting Marine Casualties
38,954

46 U.S.C. 6103(b)
Reporting Marine Casualties; Violation of 6104
10,260

46 U.S.C. 8101(e)
Manning of Inspected Vessels; Failure to Report Deficiency in Vessel Complement
1,848

46 U.S.C. 8101(f)
Manning of Inspected Vessels
18,477

46 U.S.C. 8101(g)
Manning of Inspected Vessels; Employing or Serving in Capacity not Licensed by USCG
18,477

46 U.S.C. 8101(h)
Manning of Inspected Vessels; Freight Vessel <100 GT, Small Passenger Vessel, or Sailing School Vessel
2,443

46 U.S.C. 8102(a)
Watchmen on Passenger Vessels
2,443

46 U.S.C. 8103(f)
Citizenship Requirements
1,220

46 U.S.C. 8104(i)
Watches on Vessels; Violation of 8104(a) or (b)
18,477

46 U.S.C. 8104(j)
Watches on Vessels; Violation of 8104(c), (d), (e), or (h)
18,477

46 U.S.C. 8302(e)
Staff Department on Vessels
244

46 U.S.C. 8304(d)
Officer's Competency Certificates
244

46 U.S.C. 8502(e)
Coastwise Pilotage; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge
18,477

46 U.S.C. 8502(f)
Coastwise Pilotage; Individual
18,477

46 U.S.C. 8503
Federal Pilots
58,562

46 U.S.C. 8701(d)
Merchant Mariners Documents
1,220

46 U.S.C. 8702(e)
Crew Requirements
18,477

46 U.S.C. 8906
Small Vessel Manning
38,954

46 U.S.C. 9308(a)
Pilotage: Great Lakes; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge
18,477

46 U.S.C. 9308(b)
Pilotage: Great Lakes; Individual
18,477

46 U.S.C. 9308(c)
Pilotage: Great Lakes; Violation of 9303
18,477

46 U.S.C. 10104(b)
Failure to Report Sexual Offense
9,819

46 U.S.C. 10314(a)(2)
Pay Advances to Seamen
1,220

46 U.S.C. 10314(b)
Pay Advances to Seamen; Remuneration for Employment
1,220

46 U.S.C. 10315(c)
Allotment to Seamen
1,220

46 U.S.C. 10321
Seamen Protection; General
8,465

46 U.S.C. 10505(a)(2)
Coastwise Voyages: Advances
8,465

46 U.S.C. 10505(b)
Coastwise Voyages: Advances; Remuneration for Employment
8,465

46 U.S.C. 10508(b)
Coastwise Voyages: Seamen Protection; General
8,465

46 U.S.C. 10711
Effects of Deceased Seamen
489

46 U.S.C. 10902(a)(2)
Complaints of Unfitness
1,220

46 U.S.C. 10903(d)
Proceedings on Examination of Vessel
244

46 U.S.C. 10907(b)
Permission to Make Complaint
1,220

46 U.S.C. 11101(f)
Accommodations for Seamen
1,220

46 U.S.C. 11102(b)
Medicine Chests on Vessels
1,220

46 U.S.C. 11104(b)
Destitute Seamen
244

46 U.S.C. 11105(c)
Wages on Discharge
1,220

46 U.S.C. 11303(a)
Log Books; Master Failing to Maintain
489

46 U.S.C. 11303(b)
Log Books; Master Failing to Make Entry
489

46 U.S.C. 11303(c)
Log Books; Late Entry
366

46 U.S.C. 11506
Carrying of Sheath Knives
122

46 U.S.C. 12151(a)(1)
Vessel Documentation
15,995

46 U.S.C. 12151(a)(2)
Documentation of Vessels- Related to activities involving mobile offshore drilling units
26,659

46 U.S.C. 12151(c)
Vessel Documentation; Fishery Endorsement
122,231

46 U.S.C. 12309(a)
Numbering of Undocumented Vessels—Willful violation
12,211

46 U.S.C. 12309(b)
Numbering of Undocumented Vessels
2,443

46 U.S.C. 12507(b)
Vessel Identification System
20,521

46 U.S.C. 14701
Measurement of Vessels
44,727

46 U.S.C. 14702
Measurement; False Statements
44,727

46 U.S.C. 31309
Commercial Instruments and Maritime Liens
20,521

46 U.S.C. 31330(a)(2)
Commercial Instruments and Maritime Liens; Mortgagor
20,521

46 U.S.C. 31330(b)(2)
Commercial Instruments and Maritime Liens; Violation of 31329
51,302

46 U.S.C. 70119(a)
Port Security
34,013

46 U.S.C. 70119(b)
Port Security—Continuing Violations
61,115

46 U.S.C. 70506
Maritime Drug Law Enforcement; Penalties
5,639

49 U.S.C. 5123(a)(1)
Hazardous Materials: Related to Vessels—Maximum Penalty
79,976

49 U.S.C. 5123(a)(2)
Hazardous Materials: Related to Vessels—Penalty from Fatalities, Serious Injuries/Illness or Substantial Damage to Property
186,610

49 U.S.C. 5123(a)(3)
Hazardous Materials: Related to Vessels—Training
481

1
Enacted under the Tariff Act of 1930, exempt from inflation adjustments

Title 49—Transportation

PART 1503—INVESTIGATIVE AND ENFORCEMENT PROCEDURES

15. The authority citation for part 1503 continues to read as follows:

Authority:

6 U.S.C. 1142; 18 U.S.C. 6002; 28 U.S.C. 2461 (note); 49 U.S.C. 114, 20109, 31105, 40113-40114, 40119, 44901-44907, 46101-46107, 46109-46110, 46301, 46305, 46311, 46313-46314; Pub. L. 104-134, as amended by Pub. L. 114-74.

16. In § 1503.401, revise paragraphs (b)(1) and (2) and (c)(1) through (3) to read as follows:

§ 1503.401
Maximum penalty amounts.

(b) * * *

(1) For violations that occurred on or before November 2, 2015, $10,000 per violation, up to a total of $50,000 per civil penalty action, in the case of an individual or small business concern, as defined in section 3 of the Small Business Act (15 U.S.C. 632). For violations that occurred after November 2, 2015 $11,410 per violation, up to a total of $57,051 per civil penalty action, in the case of an individual or small business concern; and

(2) For violations that occurred on or before November 2, 2015, $10,000 per violation, up to a total of $400,000 per civil penalty action, in the case of any other person. For violations that occurred after November 2, 2015, $11,410 per violation, up to a total of $456,409 per civil penalty action, in the case of any other person.

(c) * * *

(1) For violations that occurred on or before November 2, 2015, $10,000 per violation, up to a total of $50,000 per civil penalty action, in the case of an individual or small business concern, as defined in section 3 of the Small Business Act (15 U.S.C. 632). For violations that occurred after November 2, 2015, $13,333 per violation, up to a total of $66,666 per civil penalty action, in the case of an individual (except an airman serving as an airman), or a small business concern.

(2) For violations that occurred on or before November 2, 2015, $10,000 per violation, up to a total of $400,000 per civil penalty action, in the case of any other person (except an airman serving as an airman) not operating an aircraft for the transportation of passengers or property for compensation. For violations that occurred after November 2, 2015, $13,333 per violation, up to a total of $533,324 per civil penalty action, in the case of any other person (except an airman serving as an airman) not operating an aircraft for the transportation of passengers or property for compensation.

(3) For violations that occurred on or before November 2, 2015, $25,000 per violation, up to a total of $400,000 per civil penalty action, in the case of a person operating an aircraft for the transportation of passengers or property for compensation (except an individual serving as an airman). For violations that occurred after November 2, 2015, $33,333 per violation, up to a total of $533,324 per civil penalty action, in the case of a person (except an individual serving as an airman) operating an aircraft for the transportation of passengers or property for compensation.

Dated: March 26, 2018.
Kirstjen M. Nielsen,
Secretary.

[FR Doc. 2018-06486 Filed 3-30-18; 8:45 am]
BILLING CODE 9110-9P-P, 9111-14-P; 9111-28-P, 9110-04-P, 9110-05-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2018-06486. Public record. Not legal advice.