Civil Monetary Penalty Adjustments for Inflation

Federal RegisterOct 18, 2021

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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-AA99

Civil Monetary Penalty Adjustments for Inflation

AGENCY:

Department of Homeland Security.

ACTION:

Final rule.

SUMMARY:

In this final rule, the Department of Homeland Security (DHS) makes the 2021 annual inflation adjustment to its civil monetary penalties. On November 2, 2015, the President signed into law The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (The 2015 Act). Pursuant to the 2015 Act, all agencies must adjust their civil monetary penalties annually and publish the adjustment in the

Federal Register

. Accordingly, this final rule adjusts the Department's civil monetary penalties for 2021 pursuant to the 2015 Act and Executive Office of the President (EOP) Office of Management and Budget (OMB) guidance. The new penalties will be effective for penalties assessed after October 18, 2021 whose associated violations occurred after November 2, 2015.

DATES:

This rule is effective on October 18, 2021.

FOR FURTHER INFORMATION CONTACT:

Hillary Hunnings, 202-282-9043,

hillary.hunnings@hq.dhs.gov.

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).

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

The 2015 Act was 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.

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.

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.

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.

On April 2, 2018, DHS made the 2018 annual inflation adjustment.

On April 5, 2019, DHS made the 2019 annual inflation adjustment.

On June 17, 2020, DHS made the 2020 annual inflation adjustment.

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 (USCG) fall under the Tariff Act of 1930, and therefore DHS did not adjust those civil penalties in this rulemaking.

See

81 FR 42987.

Office of Mgmt. & Budget, Exec. Office of The President, M-16-06, Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Table A: 2016 Civil Monetary Penalty Catch-Up Adjustment Multiplier by Calendar Year, (Feb. 24, 2016) (

https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2016/m-16-06.pdf

See

82 FR 8571.

See

83 FR 13826.

See

84 FR 13499.

See

85 FR 36469.

II. Overview of the Final Rule

This final rule makes the 2021 annual inflation adjustments to civil monetary penalties pursuant to the 2015 Act and pursuant to guidance OMB issued to agencies on December 23, 2020.

The penalty amounts in this final rule will be effective for penalties assessed after October 18, 2021 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.

Office of Mgmt. and Budget, Exec. Office of the President, M-21-10, Implementation of Penalty Inflation Adjustments for 2021, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 23, 2020) (

https://www.whitehouse.gov/wp-content/uploads/2020/12/M-21-10.pdf

The adjusted penalty amounts will apply to penalties assessed after the effective date of this final rule. We discuss civil penalties by DHS component in Section III below. For 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 2021. 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 2020 final rule, (4) the cost-of-living adjustment multiplier for 2021 that OMB provided in its December 23, 2020, guidance, and (5) the new 2021 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), the U.S. Customs and Border Protection (CBP), the 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).

The CFATS regulation is located in part 27 of title 6 of the Code of Federal Regulations (CFR). Below is a table showing the 2021 adjustment for the CFATS penalty that CISA administers.

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. Public Law 116-150 extends the CFATS program authorization to July 27, 2023.

Table 1—CFATS Civil Penalty Adjustment

Penalty name

Citation

Penalty amount

as adjusted in

the 2020 FR

(per day)

Multiplier *

New penalty as

adjusted by this

final rule

(per day)

Penalty for non-compliance with CFATS regulations

6 U.S.C. 624(b)(1); 6 CFR 27.300(b)(3)

$35,486

1.01182

$35,905

* Office of Mgmt. and Budget, Exec. Office of the President, M-21-10, Implementation of Penalty Inflation Adjustments for 2021, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 23, 2020) (

https://www.whitehouse.gov/wp-content/uploads/2020/12/M-21-10.pdf

B. U.S. Customs and Border Protection

The U.S. Customs and Border Protection (CBP) assesses civil monetary penalties under various titles of the United States Code (U.S.C.) 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 appear 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 the DHS and CBP adjustments to the non-INA penalties, see the 2019 annual inflation adjustment final rule preamble at 84 FR 13499, 13500 (April 5, 2019).

Below is a table showing the 2021 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 2020 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))

$1,419

1.01182

$1,436

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)

3,855

1.01182

3,901

Penalties for failure to depart voluntarily

8 U.S.C. 1229c(d); 8 CFR 280.53(b)(3) (INA section 240B(d))

1,625-8,128

1.01182

1,644-8,224

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))

3,251

1.01182

3,289

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))

8,128

1.01182

8,224

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))

385

1.01182

390

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))

9,639

1.01182

9,753

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))

964-5,783

1.01182

975-5,851

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)

1,928

1.01182

1,951

Penalties for discharge of alien crewmen

8 U.S.C. 1286; 8 CFR 280.53(b)(9) (INA section 256)

2,891-5,783

1.01182

2,925-5,851

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)

19,277

1.01182

19,505

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))

5,783

1.01182

5,851

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))

5,783

1.01182

5,851

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))

5,783

1.01182

5,851

Penalties for failure to depart

8 U.S.C. 1324d; 8 CFR 280.53(b)(14) (INA section 274D)

813

1.01182

823

Penalties for improper entry

8 U.S.C. 1325(b); 8 CFR 280.53(b)(15) (INA section 275(b))

81-407

1.01182

82-412

Penalty for dealing in or using empty stamped imported liquor containers

19 U.S.C. 469

540

1.01182

** 546

Penalty for employing a vessel in a trade without a required Certificate of Documentation

19 U.S.C. 1706a; 19 CFR 4.80(i)

1,352

1.01182

1,368

Penalty for transporting passengers coastwise for hire by certain vessels (known as Bowaters vessels) that do not meet specified conditions

46 U.S.C. 12118(f)(3)

540

1.01182

** 546

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)

812

1.01182

822

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

946-2,976

1.01182

957-3,011

https://www.whitehouse.gov/wp-content/uploads/2020/12/M-21-10.pdf

** No applicable conforming edit to regulatory text.

for each alien.

plus $162 per ton.

$164 per ton.

C. U.S. Immigration and Customs Enforcement

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

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

Because both DHS and DOJ implement the three employment-related penalty sections in the INA, both Departments' implementing regulations reflect the civil penalty amounts. For a complete description of the civil money penalties assessed and a discussion of DHS's and DOJ's efforts to update the penalties in years past, see the IFR preamble at 81 FR 42991. Below is a table showing the 2021 adjustment for the penalties that ICE administers.

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

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

Penalty name

Citation

Penalty amount

as adjusted in

the 2020 FR

Multiplier *

New penalty as

adjusted by this

final rule

Civil penalties for failure to depart voluntarily, INA section 240B(d)

8 U.S.C. 1229c(d); 8 CFR 280.53(b)(3)

$1,625-$8,128

1.01182

$1,644-$8,224

Civil penalties for violation of INA sections 274C(a)(1)-(a)(4), penalty for first offense

8 CFR 270.3(b)(1)(ii)(A)

481-3,855

1.01182

487-3,901

Civil penalties for violation of INA sections 274C(a)(5)-(a)(6), penalty for first offense

8 CFR 270.3(b)(1)(ii)(B)

407-3,251

1.01182

412-3,289

Civil penalties for violation of INA sections 274C(a)(1)-(a)(4), penalty for subsequent offenses

8 CFR 270.3(b)(1)(ii)(C)

3,855-9,639

1.01182

3,901-9,753

Civil penalties for violation of INA sections 274C(a)(5)-(a)(6), penalty for subsequent offenses

8 CFR 270.3(b)(1)(ii)(D)

** 3,251-8,128

1.01182

3,289-8,224

Violation/prohibition of indemnity bonds

8 CFR 274a.8(b)

2,332

1.01182

2,360

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)

583-4,667

1.01182

590-4,722

Penalty for second offense (per unauthorized alien)

8 CFR 274a.10(b)(1)(ii)(B)

4,667-11,665

1.01182

4,722-11,803

Penalty for third or subsequent offense (per unauthorized alien)

8 CFR 274a.10(b)(1)(ii)(C)

6,999-23,331

1.01182

7,082-23,607

Civil penalties for I-9 paperwork violations

8 CFR 274a.10(b)(2)

234-2,332

1.01182

237-2,360

Civil penalties for failure to depart, INA section 274D

8 U.S.C. 1324d; 8 CFR 280.53(b)(14)

813

1.01182

823

https://www.whitehouse.gov/wp-content/uploads/2020/12/M-21-10.pdf

** The $3,251 penalty minimum amount was erroneously listed as $3,351 in the regulatory text of the 2020 final rule. It was correctly listed as $3,251 in the preamble of the 2020 final rule. DHS calculated the new penalty minimum amount as adjusted by this final rule based on $3,251.

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 U.S.C. authorize these penalties. Titles 33 and 46 authorize the vast majority of these penalties as these statutes deal with navigation, navigable waters, and shipping. 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.

The Frank LoBiondo Coast Guard Authorization Act of 2018 re-designated certain existing sections of the U.S.C., 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.

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 2021 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 2020 FR

Multiplier *

New penalty as

adjusted by this

final rule

Saving Life and Property

14 U.S.C. 521(c)

$10,839

1.01182

$10,967

Saving Life and Property; Intentional Interference with Broadcast

14 U.S.C. 521(e)

1,112

1.01182

1,125

Confidentiality of Medical Quality Assurance Records (first offense)

14 U.S.C. 936(i); 33 CFR 27.3

5,444

1.01182

5,508

Confidentiality of Medical Quality Assurance Records (subsequent offenses)

14 U.S.C. 936(i); 33 CFR 27.3

36,297

1.01182

36,726

Obstruction of Revenue Officers by Masters of Vessels

19 U.S.C. 70; 33 CFR 27.3

8,116

1.01182

8,212

Obstruction of Revenue Officers by Masters of Vessels—Minimum Penalty

19 U.S.C. 70; 33 CFR 27.3

1,894

1.01182

1,916

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

11,767

1.01182

11,906

Anchorage Ground/Harbor Regulations St. Mary's river

33 U.S.C. 474; 33 CFR 27.3

812

1.01182

822

Bridges/Failure to Comply with Regulations

33 U.S.C. 495(b); 33 CFR 27.3

29,707

1.01182

30,058

Bridges/Drawbridges

33 U.S.C. 499(c); 33 CFR 27.3

29,707

1.01182

30,058

Bridges/Failure to Alter Bridge Obstructing Navigation

33 U.S.C. 502(c); 33 CFR 27.3

29,707

1.01182

30,058

Bridges/Maintenance and Operation

33 U.S.C. 533(b); 33 CFR 27.3

29,707

1.01182

30,058

Bridge to Bridge Communication; Master, Person in Charge or Pilot

33 U.S.C. 1208(a); 33 CFR 27.3

2,164

1.01182

2,190

Bridge to Bridge Communication; Vessel

33 U.S.C. 1208(b); 33 CFR 27.3

2,164

1.01182

2,190

Oil/Hazardous Substances: Discharges (Class I per violation)

33 U.S.C. 1321(b)(6)(B)(i); 33 CFR 27.3

19,277

1.01182

19,505

Oil/Hazardous Substances: Discharges (Class I total under paragraph)

33 U.S.C. 1321(b)(6)(B)(i); 33 CFR 27.3

48,192

1.01182

48,762

Oil/Hazardous Substances: Discharges (Class II per day of violation)

33 U.S.C. 1321(b)(6)(B)(ii); 33 CFR 27.3

19,277

1.01182

19,505

Oil/Hazardous Substances: Discharges (Class II total under paragraph)

33 U.S.C. 1321(b)(6)(B)(ii); 33 CFR 27.3

240,960

1.01182

243,808

Oil/Hazardous Substances: Discharges (per day of violation) Judicial Assessment

33 U.S.C. 1321(b)(7)(A); 33 CFR 27.3

48,192

1.01182

48,762

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

1,928

1.01182

1,951

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

48,192

1.01182

48,762

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

48,192

1.01182

48,762

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

5,783

1.01182

5,851

Oil/Hazardous Substances: Discharges, Gross Negligence—Minimum Penalty (Judicial Assessment)

33 U.S.C. 1321(b)(7)(D); 33 CFR 27.3

192,768

1.01182

195,047

Marine Sanitation Devices; Operating

33 U.S.C. 1322(j); 33 CFR 27.3

8,116

1.01182

8,212

Marine Sanitation Devices; Sale or Manufacture

33 U.S.C. 1322(j); 33 CFR 27.3

21,640

1.01182

21,896

International Navigation Rules; Operator

33 U.S.C. 1608(a); 33 CFR 27.3

15,173

1.01182

15,352

International Navigation Rules; Vessel

33 U.S.C. 1608(b); 33 CFR 27.3

15,173

1.01182

15,352

Pollution from Ships; General

33 U.S.C. 1908(b)(1); 33 CFR 27.3

75,867

1.01182

76,764

Pollution from Ships; False Statement

33 U.S.C. 1908(b)(2); 33 CFR 27.3

15,173

1.01182

15,352

Inland Navigation Rules; Operator

33 U.S.C. 2072(a); 33 CFR 27.3

15,173

1.01182

15,352

Inland Navigation Rules; Vessel

33 U.S.C. 2072(b); 33 CFR 27.3

15,173

1.01182

15,352

Shore Protection; General

33 U.S.C. 2609(a); 33 CFR 27.3

53,524

1.01182

54,157

Shore Protection; Operating Without Permit

33 U.S.C. 2609(b); 33 CFR 27.3

21,410

1.01182

21,663

Oil Pollution Liability and Compensation

33 U.S.C. 2716a(a); 33 CFR 27.3

48,192

1.01182

48,762

Clean Hulls

33 U.S.C. 3852(a)(1)(A); 33 CFR 27.3

44,124

1.01182

44,646

Clean Hulls—related to false statements

33 U.S.C. 3852(a)(1)(A); 33 CFR 27.3

58,833

1.01182

59,528

Clean Hulls—Recreational Vessel

33 U.S.C. 3852(c); 33 CFR 27.3

5,883

1.01182

5,953

Hazardous Substances, Releases, Liability, Compensation (Class I)

42 U.S.C. 9609(a); 33 CFR 27.3

58,328

1.01182

59,017

Hazardous Substances, Releases, Liability, Compensation (Class II)

42 U.S.C. 9609(b); 33 CFR 27.3

58,328

1.01182

59,017

Hazardous Substances, Releases, Liability, Compensation (Class II subsequent offense)

42 U.S.C. 9609(b); 33 CFR 27.3

174,985

1.01182

177,053

Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment)

42 U.S.C. 9609(c); 33 CFR 27.3

58,328

1.01182

59,017

Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment subsequent offense)

42 U.S.C. 9609(c); 33 CFR 27.3

174,985

1.01182

177,053

Safe Containers for International Cargo

46 U.S.C. 80509; 33 CFR 27.3

6,376

1.01182

6,451

Suspension of Passenger Service

46 U.S.C. 70305; 33 CFR 27.3

63,761

1.01182

64,515

Vessel Inspection or Examination Fees

46 U.S.C. 2110(e); 33 CFR 27.3

9,639

1.01182

9,753

Alcohol and Dangerous Drug Testing

46 U.S.C. 2115; 33 CFR 27.3

7,846

1.01182

7,939

Negligent Operations: Recreational Vessels

46 U.S.C. 2302(a); 33 CFR 27.3

7,097

1.01182

7,181

Negligent Operations: Other Vessels

46 U.S.C. 2302(a); 33 CFR 27.3

35,486

1.01182

35,905

Operating a Vessel While Under the Influence of Alcohol or a Dangerous Drug

46 U.S.C. 2302(c)(1); 33 CFR 27.3

7,846

1.01182

7,939

Vessel Reporting Requirements: Owner, Charterer, Managing Operator, or Agent

46 U.S.C. 2306(a)(4); 33 CFR 27.3

12,219

1.01182

12,363

Vessel Reporting Requirements: Master

46 U.S.C. 2306(b)(2); 33 CFR 27.3

2,444

1.01182

2,473

Immersion Suits

46 U.S.C. 3102(c)(1); 33 CFR 27.3

12,219

1.01182

12,363

Inspection Permit

46 U.S.C. 3302(i)(5); 33 CFR 27.3

2,549

1.01182

2,579

Vessel Inspection; General

46 U.S.C. 3318(a); 33 CFR 27.3

12,219

1.01182

12,363

Vessel Inspection; Nautical School Vessel

46 U.S.C. 3318(g); 33 CFR 27.3

12,219

1.01182

12,363

Vessel Inspection; Failure to Give Notice IAW 3304(b)

46 U.S.C. 3318(h); 33 CFR 27.3

2,444

1.01182

2,473

Vessel Inspection; Failure to Give Notice IAW 3309(c)

46 U.S.C. 3318(i); 33 CFR 27.3

2,444

1.01182

2,473

Vessel Inspection; Vessel ≥ 1,600 Gross Tons

46 U.S.C. 3318(j)(1); 33 CFR 27.3

24,441

1.01182

24,730

Vessel Inspection; Vessel < 1,600 Gross Tons

46 U.S.C. 3318(j)(1); 33 CFR 27.3

4,888

1.01182

4,946

Vessel Inspection; Failure to Comply with 3311(b)

46 U.S.C. 3318(k); 33 CFR 27.3

24,441

1.01182

24,730

Vessel Inspection; Violation of 3318(b)-3318(f)

46 U.S.C. 3318(l); 33 CFR 27.3

12,219

1.01182

12,363

List/count of Passengers

46 U.S.C. 3502(e); 33 CFR 27.3

254

1.01182

257

Notification to Passengers

46 U.S.C. 3504(c); 33 CFR 27.3

25,479

1.01182

25,780

Notification to Passengers; Sale of Tickets

46 U.S.C. 3504(c); 33 CFR 27.3

1,273

1.01182

1,288

Copies of Laws on Passenger Vessels; Master

46 U.S.C. 3506; 33 CFR 27.3

510

1.01182

516

Liquid Bulk/Dangerous Cargo

46 U.S.C. 3718(a)(1); 33 CFR 27.3

63,699

1.01182

64,452

Uninspected Vessels

46 U.S.C. 4106; 33 CFR 27.3

10,705

1.01182

10,832

Recreational Vessels (maximum for related series of violations)

46 U.S.C. 4311(b)(1); 33 CFR 27.3

337,016

1.01182

341,000

Recreational Vessels; Violation of 4307(a)

46 U.S.C. 4311(b)(1); 33 CFR 27.3

6,740

1.01182

6,820

Recreational vessels

46 U.S.C. 4311(c); 33 CFR 27.3

2,549

1.01182

2,579

Uninspected Commercial Fishing Industry Vessels

46 U.S.C. 4507; 33 CFR 27.3

10,705

1.01182

10,832

Abandonment of Barges

46 U.S.C. 4703; 33 CFR 27.3

1,814

1.01182

1,835

Load Lines

46 U.S.C. 5116(a); 33 CFR 27.3

11,665

1.01182

11,803

Load Lines; Violation of 5112(a)

46 U.S.C. 5116(b); 33 CFR 27.3

23,331

1.01182

23,607

Load Lines; Violation of 5112(b)

46 U.S.C. 5116(c); 33 CFR 27.3

11,665

1.01182

11,803

Reporting Marine Casualties

46 U.S.C. 6103(a); 33 CFR 27.3

40,640

1.01182

41,120

Reporting Marine Casualties; Violation of 6104

46 U.S.C. 6103(b); 33 CFR 27.3

10,705

1.01182

10,832

Manning of Inspected Vessels; Failure to Report Deficiency in Vessel Complement

46 U.S.C. 8101(e); 33 CFR 27.3

1,928

1.01182

1,951

Manning of Inspected Vessels

46 U.S.C. 8101(f); 33 CFR 27.3

19,277

1.01182

19,505

Manning of Inspected Vessels; Employing or Serving in Capacity not Licensed by USCG

46 U.S.C. 8101(g); 33 CFR 27.3

19,277

1.01182

19,505

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

2,549

1.01182

2,579

Watchmen on Passenger Vessels

46 U.S.C. 8102(a)

2,549

1.01182

2,579

Citizenship Requirements

46 U.S.C. 8103(f)

1,273

1.01182

1,288

Watches on Vessels; Violation of 8104(a) or (b)

46 U.S.C. 8104(i)

19,277

1.01182

19,505

Watches on Vessels; Violation of 8104(c), (d), (e), or (h)

46 U.S.C. 8104(j)

19,277

1.01182

19,505

Staff Department on Vessels

46 U.S.C. 8302(e)

254

1.01182

257

Officer's Competency Certificates

46 U.S.C. 8304(d)

254

1.01182

257

Coastwise Pilotage; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge

46 U.S.C. 8502(e)

19,277

1.01182

19,505

Coastwise Pilotage; Individual

46 U.S.C. 8502(f)

19,277

1.01182

19,505

Federal Pilots

46 U.S.C. 8503

61,098

1.01182

61,820

Merchant Mariners Documents

46 U.S.C. 8701(d)

1,273

1.01182

1,288

Crew Requirements

46 U.S.C. 8702(e)

19,277

1.01182

19,505

Small Vessel Manning

46 U.S.C. 8906

40,640

1.01182

41,120

Pilotage: Great Lakes; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge

46 U.S.C. 9308(a)

19,277

1.01182

19,505

Pilotage: Great Lakes; Individual

46 U.S.C. 9308(b)

19,277

1.01182

19,505

Pilotage: Great Lakes; Violation of 9303

46 U.S.C. 9308(c)

19,277

1.01182

19,505

Failure to Report Sexual Offense

46 U.S.C. 10104(b)

10,245

1.01182

10,366

Pay Advances to Seamen

46 U.S.C. 10314(a)(2)

1,273

1.01182

1,288

Pay Advances to Seamen; Remuneration for Employment

46 U.S.C. 10314(b)

1,273

1.01182

1,288

Allotment to Seamen

46 U.S.C. 10315(c)

1,273

1.01182

1,288

Seamen Protection; General

46 U.S.C. 10321

8,831

1.01182

8,935

Coastwise Voyages: Advances

46 U.S.C. 10505(a)(2)

8,831

1.01182

8,935

Coastwise Voyages: Advances; Remuneration for Employment

46 U.S.C. 10505(b)

8,831

1.01182

8,935

Coastwise Voyages: Seamen Protection; General

46 U.S.C. 10508(b)

8,831

1.01182

8,935

Effects of Deceased Seamen

46 U.S.C. 10711

510

1.01182

516

Complaints of Unfitness

46 U.S.C. 10902(a)(2)

1,273

1.01182

1,288

Proceedings on Examination of Vessel

46 U.S.C. 10903(d)

254

1.01182

257

Permission to Make Complaint

46 U.S.C. 10907(b)

1,273

1.01182

1,288

Accommodations for Seamen

46 U.S.C. 11101(f)

1,273

1.01182

1,288

Medicine Chests on Vessels

46 U.S.C. 11102(b)

1,273

1.01182

1,288

Destitute Seamen

46 U.S.C. 11104(b)

254

1.01182

257

Wages on Discharge

46 U.S.C. 11105(c)

1,273

1.01182

1,288

Log Books; Master Failing to Maintain

46 U.S.C. 11303(a)

510

1.01182

516

Log Books; Master Failing to Make Entry

46 U.S.C. 11303(b)

510

1.01182

516

Log Books; Late Entry

46 U.S.C. 11303(c)

382

1.01182

387

Carrying of Sheath Knives

46 U.S.C. 11506

127

1.01182

129

Vessel Documentation

46 U.S.C. 12151(a)(1)

16,687

1.01182

16,884

Documentation of Vessels—Related to Activities involving mobile offshore drilling units

46 U.S.C. 12151(a)(2)

27,813

1.01182

28,142

Vessel Documentation; Fishery Endorsement

46 U.S.C. 12151(c)

127,525

1.01182

129,032

Numbering of Undocumented Vessels—Willful violation

46 U.S.C. 12309(a)

12,740

1.01182

12,891

Numbering of Undocumented Vessels

46 U.S.C. 12309(b)

2,549

1.01182

2,579

Vessel Identification System

46 U.S.C. 12507(b)

21,410

1.01182

21,663

Measurement of Vessels

46 U.S.C. 14701

46,664

1.01182

47,216

Measurement; False Statements

46 U.S.C. 14702

46,664

1.01182

47,216

Commercial Instruments and Maritime Liens

46 U.S.C. 31309

21,410

1.01182

21,663

Commercial Instruments and Maritime Liens; Mortgagor

46 U.S.C. 31330(a)(2)

21,410

1.01182

21,663

Commercial Instruments and Maritime Liens; Violation of 31329

46 U.S.C. 31330(b)(2)

53,524

1.01182

54,157

Ports and Waterway Safety Regulations

46 U.S.C. 70036(a); 33 CFR 27.3

95,881

1.01182

97,014

Vessel Navigation: Regattas or Marine Parades; Unlicensed Person in Charge

46 U.S.C. 70041(d)(1)(B); 33 CFR 27.3

9,639

1.01182

9,753

Vessel Navigation: Regattas or Marine Parades; Owner Onboard Vessel

46 U.S.C. 70041(d)(1)(C); 33 CFR 27.3

9,639

1.01182

9,753

Vessel Navigation: Regattas or Marine Parades; Other Persons

46 U.S.C. 70041(d)(1)(D); 33 CFR 27.3

4,819

1.01182

4,876

Port Security

46 U.S.C. 70119(a)

35,486

1.01182

35,905

Port Security—Continuing Violations

46 U.S.C. 70119(b)

63,761

1.01182

64,515

Maritime Drug Law Enforcement

46 U.S.C. 70506(c)

5,883

1.01182

5,953

Hazardous Materials: Related to Vessels

49 U.S.C. 5123(a)(1)

83,439

1.01182

84,425

Hazardous Materials: Related to Vessels—Penalty from Fatalities, Serious Injuries/Illness or substantial Damage to Property

49 U.S.C. 5123(a)(2)

194,691

1.01182

196,992

Hazardous Materials: Related to Vessels; Training

49 U.S.C. 5123(a)(3)

502

1.01182

508

https://www.whitehouse.gov/wp-content/uploads/2020/12/M-21-10.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),

as well as violations of requirements described in chapter 449 of title 49 of the U.S.C. 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 2021 adjustment for the penalties that TSA administers.

See, e.g.,

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

Table 5—Transportation Security Administration Civil Penalties Adjustments

Penalty name

Citation

Penalty amount

as adjusted in

the 2020 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), (5), (6); 49 U.S.C. 46301(d)(2), (8); 49 CFR 1503.401(c)(3)

$34,777 (up to a total of $556,419 per civil penalty action)

1.01182

$35,188 (up to a total of $562,996 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), (5); 49 U.S.C. 46301(d)(8); 49 CFR 1503.401(c)(1) and (2)

$13,910 (up to a total of $69,553 total for small businesses, $556,419 for others)

1.01182

$14,074 (up to a total of $70,375 for small businesses, $562,996 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(u); 49 CFR 1503.401(b)

$11,904 (up to a total of $59,522 total for small businesses, $476,174 for others) **

1.01182

$12,045 (up to a total of $60,226 total for small businesses, $481,802 for others).

https://www.whitehouse.gov/wp-content/uploads/2020/12/M-21-10.pdf

** The $476,174 penalty amount was erroneously listed as $76,174 in the preamble of the 2020 final rule. It was correctly listed as $476,174 in the regulatory text of the 2020 final rule. DHS calculated the new penalty amount as adjusted by this final rule based on $476,174.

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 U.S.C. 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 and 13563

Executive Orders 12866 (“Regulatory Planning and Review”) and 13563 (“Improving Regulation and Regulatory Review”) 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.

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.

https://www.whitehouse.gov/wp-content/uploads/2020/12/M-21-10.pdf

B. Regulatory Flexibility Act

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

C. Unfunded Mandates Reform Act

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

D. Paperwork Reduction Act

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

VI. Signing 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

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. 116-150, 134 Stat. 679.

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 $35,905 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 $487 and not exceeding $3,901 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 $412 and not exceeding $3,289 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 $3,901 and not more than $9,753 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 $3,289 and not more than $8,224 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, 1105a, 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 $2,360 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 the first sentence of paragraph (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 $590 and not more than $4,722 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 $4,722 and not more than $11,803 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 $7,082 and not more than $23,607 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 $237 and not more than $2,360 for each individual with respect to whom such violation occurred after November 2, 2015. * * *

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 $1,419 to $1,436.

(2) Section 234 of the Act, penalties for non-compliance with landing requirements at designated ports of entry for aircraft transporting aliens: From $3,855 to $3,901.

(3) Section 240B(d) of the Act, penalties for failure to depart voluntarily: From $1,625 minimum/$8,128 maximum to $1,644 minimum/$8,224 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 $3,251 to $3,289.

(5) Penalties for failure to remove alien stowaways under section 241(d)(2) of the Act: From $8,128 to $8,224.

(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 $385 to $390; and penalties for use of alien crewmen for longshore work in violation of section 251(d) of the Act: From $9,639 to $9,753.

(7) Section 254(a) of the Act, penalties for failure to control, detain, or remove alien crewmen: From $964 minimum/$5,783 maximum to $975 minimum/$5,851 maximum.

(8) Section 255 of the Act, penalties for employment on passenger vessels of aliens afflicted with certain disabilities: From $1,928 to $1,951.

(9) Section 256 of the Act, penalties for discharge of alien crewmen: From $2,891 minimum/$5,783 maximum to $2,925 minimum/$5,851 maximum.

(10) Section 257 of the Act, penalties for bringing into the United States alien crewmen with intent to evade immigration laws: From $19,277 maximum to $19,505 maximum.

(11) Section 271(a) of the Act, penalties for failure to prevent the unauthorized landing of aliens: From $5,783 to $5,851.

(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 $5,783 to $5,851.

(13) Section 273(b) of the Act, penalties for bringing to the United States aliens without required documentation: From $5,783 to $5,851.

(14) Section 274D of the Act, penalties for failure to depart: From $813 maximum to $823 maximum, for each day the alien is in violation.

(15) Section 275(b) of the Act, penalties for improper entry: From $81 minimum/$407 maximum to $82 minimum/$412 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, 1415, 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 paragraphs (b)(2) and (i) 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 $822 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 § 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 $1,368 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.

12. In § 4.92, revise the third sentence to read as follows:

§ 4.92

Towing.

* * * The penalties for violation of this section occurring after November 2, 2015, are a fine of from $957 to $3,011 against the owner or master of the towing vessel and a further penalty against the towing vessel of $164 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 to this section are applicable for penalty assessments issued after October 18, 2021, with respect to violations occurring after November 2, 2015. * * *

Table 1 to § 27.3—Civil Monetary Penalty Inflation Adjustments

U.S. Code citation

Civil monetary penalty description

2021 Adjusted maximum penalty amount

($)

14 U.S.C. 521(c)

Saving Life and Property

$10,967

14 U.S.C. 521(e)

Saving Life and Property; Intentional Interference with Broadcast

1,125

14 U.S.C. 936(i)

Confidentiality of Medical Quality Assurance Records (first offense)

5,508

14 U.S.C. 936(i)

Confidentiality of Medical Quality Assurance Records (subsequent offenses)

36,726

19 U.S.C. 70

Obstruction of Revenue Officers by Masters of Vessels

8,212

19 U.S.C. 70

Obstruction of Revenue Officers by Masters of Vessels—Minimum Penalty

1,916

19 U.S.C. 1581(d)

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

5,000

19 U.S.C. 1581(d)

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

1,000

33 U.S.C. 471

Anchorage Ground/Harbor Regulations General

11,906

33 U.S.C. 474

Anchorage Ground/Harbor Regulations St. Mary's River

822

33 U.S.C. 495(b)

Bridges/Failure to Comply with Regulations

30,058

33 U.S.C. 499(c)

Bridges/Drawbridges

30,058

33 U.S.C. 502(c)

Bridges/Failure to Alter Bridge Obstructing Navigation

30,058

33 U.S.C. 533(b)

Bridges/Maintenance and Operation

30,058

33 U.S.C. 1208(a)

Bridge to Bridge Communication; Master, Person in Charge or Pilot

2,190

33 U.S.C. 1208(b)

Bridge to Bridge Communication; Vessel

2,190

33 U.S.C. 1321(b)(6)(B)(i)

Oil/Hazardous Substances: Discharges (Class I per violation)

19,505

33 U.S.C. 1321(b)(6)(B)(i)

Oil/Hazardous Substances: Discharges (Class I total under paragraph)

48,762

33 U.S.C. 1321(b)(6)(B)(ii)

Oil/Hazardous Substances: Discharges (Class II per day of violation)

19,505

33 U.S.C. 1321(b)(6)(B)(ii)

Oil/Hazardous Substances: Discharges (Class II total under paragraph)

243,808

33 U.S.C. 1321(b)(7)(A)

Oil/Hazardous Substances: Discharges (per day of violation) Judicial Assessment

48,762

33 U.S.C. 1321(b)(7)(A)

Oil/Hazardous Substances: Discharges (per barrel of oil or unit discharged) Judicial Assessment

1,951

33 U.S.C. 1321(b)(7)(B)

Oil/Hazardous Substances: Failure to Carry Out Removal/Comply With Order (Judicial Assessment)

48,762

33 U.S.C. 1321(b)(7)(C)

Oil/Hazardous Substances: Failure to Comply with Regulation Issued Under 1321(j) (Judicial Assessment)

48,762

33 U.S.C. 1321(b)(7)(D)

Oil/Hazardous Substances: Discharges, Gross Negligence (per barrel of oil or unit discharged) Judicial Assessment

5,851

33 U.S.C. 1321(b)(7)(D)

Oil/Hazardous Substances: Discharges, Gross Negligence—Minimum Penalty (Judicial Assessment)

195,047

33 U.S.C. 1322(j)

Marine Sanitation Devices; Operating

8,212

33 U.S.C. 1322(j)

Marine Sanitation Devices; Sale or Manufacture

21,896

33 U.S.C. 1608(a)

International Navigation Rules; Operator

15,352

33 U.S.C. 1608(b)

International Navigation Rules; Vessel

15,352

33 U.S.C. 1908(b)(1)

Pollution from Ships; General

76,764

33 U.S.C. 1908(b)(2)

Pollution from Ships; False Statement

15,352

33 U.S.C. 2072(a)

Inland Navigation Rules; Operator

15,352

33 U.S.C. 2072(b)

Inland Navigation Rules; Vessel

15,352

33 U.S.C. 2609(a)

Shore Protection; General

54,157

33 U.S.C. 2609(b)

Shore Protection; Operating Without Permit

21,663

33 U.S.C. 2716a(a)

Oil Pollution Liability and Compensation

48,762

33 U.S.C. 3852(a)(1)(A)

Clean Hulls; Civil Enforcement

44,646

33 U.S.C. 3852(a)(1)(A)

Clean Hulls; related to false statements

59,528

33 U.S.C. 3852(c)

Clean Hulls; Recreational Vessels

5,953

42 U.S.C. 9609(a)

Hazardous Substances, Releases, Liability, Compensation (Class I)

59,017

42 U.S.C. 9609(b)

Hazardous Substances, Releases, Liability, Compensation (Class II)

59,017

42 U.S.C. 9609(b)

Hazardous Substances, Releases, Liability, Compensation (Class II subsequent offense)

177,053

42 U.S.C. 9609(c)

Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment)

59,017

42 U.S.C. 9609(c)

Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment subsequent offense)

177,053

46 U.S.C. 80509(a)

Safe Containers for International Cargo

6,451

46 U.S.C. 70305(c)

Suspension of Passenger Service

64,515

46 U.S.C. 2110(e)

Vessel Inspection or Examination Fees

9,753

46 U.S.C. 2115

Alcohol and Dangerous Drug Testing

7,939

46 U.S.C. 2302(a)

Negligent Operations: Recreational Vessels

7,181

46 U.S.C. 2302(a)

Negligent Operations: Other Vessels

35,905

46 U.S.C. 2302(c)(1)

Operating a Vessel While Under the Influence of Alcohol or a Dangerous Drug

7,939

46 U.S.C. 2306(a)(4)

Vessel Reporting Requirements: Owner, Charterer, Managing Operator, or Agent

12,363

46 U.S.C. 2306(b)(2)

Vessel Reporting Requirements: Master

2,473

46 U.S.C. 3102(c)(1)

Immersion Suits

12,363

46 U.S.C. 3302(i)(5)

Inspection Permit

2,579

46 U.S.C. 3318(a)

Vessel Inspection; General

12,363

46 U.S.C. 3318(g)

Vessel Inspection; Nautical School Vessel

12,363

46 U.S.C. 3318(h)

Vessel Inspection; Failure to Give Notice IAW 3304(b)

2,473

46 U.S.C. 3318(i)

Vessel Inspection; Failure to Give Notice IAW 3309(c)

2,473

46 U.S.C. 3318(j)(1)

Vessel Inspection; Vessel ≥1600 Gross Tons

24,730

46 U.S.C. 3318(j)(1)

Vessel Inspection; Vessel <1600 Gross Tons

4,946

46 U.S.C. 3318(k)

Vessel Inspection; Failure to Comply with 3311(b)

24,730

46 U.S.C. 3318(l)

Vessel Inspection; Violation of 3318(b)-3318(f)

12,363

46 U.S.C. 3502(e)

List/count of Passengers

257

46 U.S.C. 3504(c)

Notification to Passengers

25,780

46 U.S.C. 3504(c)

Notification to Passengers; Sale of Tickets

1,288

46 U.S.C. 3506

Copies of Laws on Passenger Vessels; Master

516

46 U.S.C. 3718(a)(1)

Liquid Bulk/Dangerous Cargo

64,452

46 U.S.C. 4106

Uninspected Vessels

10,832

46 U.S.C. 4311(b)(1)

Recreational Vessels (maximum for related series of violations)

341,000

46 U.S.C. 4311(b)(1)

Recreational Vessels; Violation of 4307(a)

6,820

46 U.S.C. 4311(c)

Recreational Vessels

2,579

46 U.S.C. 4507

Uninspected Commercial Fishing Industry Vessels

10,832

46 U.S.C. 4703

Abandonment of Barges

1,835

46 U.S.C. 5116(a)

Load Lines

11,803

46 U.S.C. 5116(b)

Load Lines; Violation of 5112(a)

23,607

46 U.S.C. 5116(c)

Load Lines; Violation of 5112(b)

11,803

46 U.S.C. 6103(a)

Reporting Marine Casualties

41,120

46 U.S.C. 6103(b)

Reporting Marine Casualties;

Violation of 6104

10,832

46 U.S.C. 8101(e)

Manning of Inspected Vessels; Failure to Report Deficiency in Vessel Complement

1,951

46 U.S.C. 8101(f)

Manning of Inspected Vessels

19,505

46 U.S.C. 8101(g)

Manning of Inspected Vessels; Employing or Serving in Capacity not Licensed by USCG

19,505

46 U.S.C. 8101(h)

Manning of Inspected Vessels; Freight Vessel <100 GT, Small Passenger Vessel, or Sailing School Vessel

2,579

46 U.S.C. 8102(a)

Watchmen on Passenger Vessels

2,579

46 U.S.C. 8103(f)

Citizenship Requirements

1,288

46 U.S.C. 8104(i)

Watches on Vessels; Violation of 8104(a) or (b)

19,505

46 U.S.C. 8104(j)

Watches on Vessels; Violation of 8104(c), (d), (e), or (h)

19,505

46 U.S.C. 8302(e)

Staff Department on Vessels

257

46 U.S.C. 8304(d)

Officer's Competency Certificates

257

46 U.S.C. 8502(e)

Coastwise Pilotage; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge

19,505

46 U.S.C. 8502(f)

Coastwise Pilotage; Individual

19,505

46 U.S.C. 8503

Federal Pilots

61,820

46 U.S.C. 8701(d)

Merchant Mariners Documents

1,288

46 U.S.C. 8702(e)

Crew Requirements

19,505

46 U.S.C. 8906

Small Vessel Manning

41,120

46 U.S.C. 9308(a)

Pilotage: Great Lakes; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge

19,505

46 U.S.C. 9308(b)

Pilotage: Great Lakes; Individual

19,505

46 U.S.C. 9308(c)

Pilotage: Great Lakes; Violation of 9303

19,505

46 U.S.C. 10104(b)

Failure to Report Sexual Offense

10,366

46 U.S.C. 10314(a)(2)

Pay Advances to Seamen

1,288

46 U.S.C. 10314(b)

Pay Advances to Seamen; Remuneration for Employment

1,288

46 U.S.C. 10315(c)

Allotment to Seamen

1,288

46 U.S.C. 10321

Seamen Protection; General

8,935

46 U.S.C. 10505(a)(2)

Coastwise Voyages: Advances

8,935

46 U.S.C. 10505(b)

Coastwise Voyages: Advances; Remuneration for Employment

8,935

46 U.S.C. 10508(b)

Coastwise Voyages: Seamen Protection; General

8,935

46 U.S.C. 10711

Effects of Deceased Seamen

516

46 U.S.C. 10902(a)(2)

Complaints of Unfitness

1,288

46 U.S.C. 10903(d)

Proceedings on Examination of Vessel

257

46 U.S.C. 10907(b)

Permission to Make Complaint

1,288

46 U.S.C. 11101(f)

Accommodations for Seamen

1,288

46 U.S.C. 11102(b)

Medicine Chests on Vessels

1,288

46 U.S.C. 11104(b)

Destitute Seamen

257

46 U.S.C. 11105(c)

Wages on Discharge

1,288

46 U.S.C. 11303(a)

Log Books; Master Failing to Maintain

516

46 U.S.C. 11303(b)

Log Books; Master Failing to Make Entry

516

46 U.S.C. 11303(c)

Log Books; Late Entry

387

46 U.S.C. 11506

Carrying of Sheath Knives

129

46 U.S.C. 12151(a)(1)

Vessel Documentation

16,884

46 U.S.C. 12151(a)(2)

Documentation of Vessels—Related to activities involving mobile offshore drilling units

28,142

46 U.S.C. 12151(c)

Vessel Documentation; Fishery Endorsement

129,032

46 U.S.C. 12309(a)

Numbering of Undocumented Vessels—Willful violation

12,891

46 U.S.C. 12309(b)

Numbering of Undocumented Vessels

2,579

46 U.S.C. 12507(b)

Vessel Identification System

21,663

46 U.S.C. 14701

Measurement of Vessels

47,216

46 U.S.C. 14702

Measurement; False Statements

47,216

46 U.S.C. 31309

Commercial Instruments and Maritime Liens

21,663

46 U.S.C. 31330(a)(2)

Commercial Instruments and Maritime Liens; Mortgagor

21,663

46 U.S.C. 31330(b)(2)

Commercial Instruments and Maritime Liens; Violation of 31329

54,157

46 U.S.C. 70036(a)

Ports and Waterways Safety Regulations

97,014

46 U.S.C. 70041(d)(1)(B)

Vessel Navigation: Regattas or Marine Parades; Unlicensed Person in Charge

9,753

46 U.S.C. 70041(d)(1)(C)

Vessel Navigation: Regattas or Marine Parades; Owner Onboard Vessel

9,753

46 U.S.C. 70041(d)(1)(D)

Vessel Navigation: Regattas or Marine Parades; Other Persons

4,876

46 U.S.C. 70119(a)

Port Security

35,905

46 U.S.C. 70119(b)

Port Security—Continuing Violations

64,515

46 U.S.C. 70506

Maritime Drug Law Enforcement; Penalties

5,953

49 U.S.C. 5123(a)(1)

Hazardous Materials: Related to Vessels—Maximum Penalty

84,425

49 U.S.C. 5123(a)(2)

Hazardous Materials: Related to Vessels—Penalty from Fatalities, Serious Injuries/Illness or Substantial Damage to Property

196,992

49 U.S.C. 5123(a)(3)

Hazardous Materials: Related to Vessels—Training

508

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), (2), and (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, $12,045 per violation, up to a total of $60,226 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, $12,045 per violation, up to a total of $481,802 per civil penalty action, in the case of any other person.

(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, $14,074 per violation, up to a total of $70,375 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, $14,074 per violation, up to a total of $562,996 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, $35,188 per violation, up to a total of $562,996 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.

Jonathan E. Meyer,

General Counsel, U.S. Department of Homeland Security.

[FR Doc. 2021-22564 Filed 10-15-21; 8:45 am]

BILLING CODE 9110-04-P, 9110-05-P, 9110-9-P, 9111-14-P, 9111-28-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.