Unknown. Final rule

11,318 words·~51 min read·/register/2017/01/27/2017-00605

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2017-01-27.xml --- 82 17 Friday, January 27, 2017 Contents Army Army Department NOTICES Environmental Impact Statements; Availability, etc.: Fort Campbell Training Mission and Mission Support Activities, Fort Campbell, KY, 8610 2017-01852 Exclusive License Patents: U.S. Government-Owned Patents, 8611 2017-01851 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8617 2017-01855 Coast Guard Coast Guard RULES Civil Monetary Penalty Adjustments for Inflation, 8571-8584 2017-00605 Commerce Commerce Department See Economic Development Administration See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency RULES Rules of Practice and Procedure in Adjudicatory Proceedings:

Civil Money Penalty Inflation Adjustments, 8584-8588 2017-00592 Defense Department Defense Department See Army Department See Navy Department Drug Drug Enforcement Administration RULES Schedules of Controlled Substances: Extension of Temporary Placement of THJ-2201, AB-PINACA and AB-CHMINACA in Schedule I of the Controlled Substances Act, 8590-8592 2017-01517 PROPOSED RULES Schedules of Controlled Substances: Placement of AB-CHMINACA, AB-PINACA and THJ-2201 into Schedule I, 8593-8598 2017-01514 Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance Eligibility;

Petitions, 8599 2017-01839 Election Election Assistance Commission NOTICES Meetings: Technical Guidelines Development Committee, 8611-8612 2017-01884 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency NOTICES Environmental Impact Statements; Availability, etc.: Weekly Receipts, 8613 2017-01887 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 8613 2017-01924 Federal Energy Federal Energy Regulatory Commission NOTICES Filings:

Fitzgerald, Brian, 8612 2017-01820 Hydroelectric Applications: Lock+ Hydro Friends Fund XIX, LLC, 8612-8613 2017-01821 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 8613-8614 2017-01850 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8614-8617 2017-01857 Health and Human Health and Human Services Department See Children and Families Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Transportation Security Administration See U.S.

Customs and Border Protection RULES Civil Monetary Penalty Adjustments for Inflation, 8571-8584 2017-00605 Housing Housing and Urban Development Department NOTICES Federal Properties Suitable as Facilities to Assist the Homeless, 8622-8623 2017-01545 Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2017-01865 8649-8654 2017-01866 2017-01869 2017-01870 2017-01871 2017-01872 2017-01873 2017-01874 2017-01875 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Hardwood Plywood Products from the People's Republic of China, 8605-8606 2017-01860 Truck and Bus Tires from the People's Republic of China; Final Affirmative Countervailing Duty Determination, Final Affirmative Critical Circumstances Determination, in Part, 8606-8608 2017-01862 Truck and Bus Tires from the People's Republic of China; Final Affirmative Determinations of Sales at Less Than Fair Value and Critical Circumstances, 8599-8605 2017-01861 Meetings: United States Investment Advisory Council, 8609 2017-01837 International Trade Com International Trade Commission NOTICES Complaints:

Certain Graphics Systems, Components Thereof, and Consumer Products Containing the Same, 8627-8628 2017-01858 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Air Mattress Systems, Components Thereof, and Methods of Using the Same, 8623-8625 2017-01838 Certain Electronic Devices, Including Mobile Phones, Tablet Computers, and Components Thereof, 8626-8627 2017-01854 Meetings; Sunshine Act, 8626, 8628 2017-01969 2017-01970 Justice Department Justice Department See Drug Enforcement Administration NOTICES Consent Decrees:

Clean Water Act, 8628-8629 2017-01848 Library Library of Congress NOTICES Section 512 Study, 8629 2017-01888 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Federal Council on the Arts and the Humanities; Arts and Artifacts Indemnity Panel Advisory Committee, 8629 2017-01849 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 8618-8619 2017-01815 National Cancer Institute, 8619-8620 2017-01867 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 2017-01814 8618, 8621 2017-01868 National Institute of General Medical Sciences, 8620-8621 2017-01817 National Institute of Neurological Disorders and Stroke, 8619 2017-01812 National Institute of Nursing Research, 8621 2017-01811 National Institute on Alcohol Abuse and Alcoholism, 8621 2017-01816 National Institute on Deafness and Other Communication Disorders, 8618 2017-01813 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings:

Ocean Exploration Advisory Board, 8609-8610 2017-01859 National Science National Science Foundation NOTICES Meetings: Proposal Review Panel for Environmental Biology, 8629-8630 2017-01846 Navy Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8611 2017-01823 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Guidance: Program-Specific Guidance About Self-Shielded Irradiators, 8630 2017-01880 Peace Peace Corps NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 8630-8631 2017-01876 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8631-8632, 8641-8642, 8644-8645 2017-01826 2017-01827 2017-01828 2017-01836 Self-Regulatory Organizations; Proposed Rule Changes: Bats BZX Exchange, Inc., 2017-01829 8632, 8642-8644 2017-01835 Bats EDGX Exchange, Inc., 8631-8632 2017-01830 C2 Options Exchange, Inc., 8636-8641 2017-01831 NYSE Arca, Inc., 8641 2017-01834 The NASDAQ Stock Market LLC, 8632-8636, 8645-8646 2017-01832 2017-01833 State Department State Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Repatriation/Emergency Medical and Dietary Assistance Loan Application, 8647-8648 2017-01844 Culturally Significant Objects Imported for Exhibition: Past is Present—Revival Jewelry, 8647 2017-01847 Turner's Modern and Ancient Ports: Passages through Time, 8647 2017-01913 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: CSX Transportation, Inc.; Greenbrier and Fayette Counties, WV, 8648-8649 2017-01856 Release of Waybill Data, 8649 2017-01810 Tennessee Tennessee Valley Authority NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 8649 2017-01818 Security Transportation Security Administration RULES Civil Monetary Penalty Adjustments for Inflation, 8571-8584 2017-00605 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service RULES Delay of Effective Date for Importations of Certain Vehicles and Engines Subject to Federal Antipollution Emission Standards, 8589-8590 2017-01963 Delay of Effective Date for Toxic Substance Control Act Chemical Substance Import Certification Process Revisions, 8590 2017-01962 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 8654-8655 2017-01879 Customs U.S. Customs and Border Protection RULES Delay of Effective Date for Importations of Certain Vehicles and Engines Subject to Federal Antipollution Emission Standards, 8589-8590 2017-01963 Delay of Effective Date for Toxic Substance Control Act Chemical Substance Import Certification Process Revisions, 8590 2017-01962 Regulatory Implementation of the Centers of Excellence and Expertise, 8588-8589 2017-01580 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 82 17 Friday, January 27, 2017 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY 6 CFR Part 27 8 CFR Parts 270, 274a, and 280 Coast Guard 33 CFR Part 27 Transportation Security Administration 49 CFR Part 1503 [Docket No. DHS-2016-0034] RIN 1601-AA80 Civil Monetary Penalty Adjustments for Inflation AGENCY:

Department of Homeland Security. ACTION: Final rule. SUMMARY: This Final Rule finalizes the Department of Homeland Security's

(DHS)Interim Final Rule that adjusted DHS civil monetary penalties for inflation. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) was signed into law on November 2, 2015. Using the formula in the 2015 Act and guidance from the Office of Management and Budget (OMB), DHS calculated adjusted penalties. On July 1, 2016, DHS published an Interim Final Rule setting forth the adjusted civil penalty amounts, effective for civil penalties assessed after August 1, 2016 whose associated violations occurred after November 2, 2015. Pursuant to the 2015 Act, all agencies must adjust civil monetary penalties annually and publish the adjustment in the **Federal Register** . Accordingly, this Final Rule adjusts DHS's civil monetary penalties pursuant to the 2015 Act and OMB guidance. The new penalties will be effective for penalties assessed after January 27, 2017 whose associated violations occurred after November 2, 2015. DHS also announces that it will make its required annual adjustment of civil monetary penalties in future years by publication of a Final Rule notwithstanding the notice and comment provisions of the Administrative Procedure Act. DATES: This rule is effective on January 27, 2017. FOR FURTHER INFORMATION CONTACT: Megan Westmoreland, Attorney-Advisor, Office of the General Counsel, U.S. Department of Homeland Security. Phone: 202-447-4384. SUPPLEMENTARY INFORMATION: Table of Contents 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. Discussion of Public Comments V. Administrative Procedure Act VI. 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. The 2015 Act required that agencies publish their IFRs in the **Federal Register** no later than July 1, 2016 and that the adjusted amounts were to take effect no later than August 1, 2016. 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 civil monetary penalties with an initial “catch-up” adjustment, as required by the 2015 Act. *See* 81 FR 42987. DHS calculated the adjusted penalties based upon nondiscretionary provisions in the 2015 Act and upon guidance that OMB issued to agencies on February 25, 2016. 3 The adjusted penalties were effective for civil penalties assessed after August 1, 2016 (the effective date of the IFR) whose associated violations occurred after November 2, 2015 (the date of enactment of the 2015 Act). DHS published a correction to the IFR on August 23, 2016 to correct one amendatory instruction. *See* 81 FR 57442. 2 The 2015 Act applies to all agency civil penalties except for any penalty (including any addition to tax and additional amount) under the Internal Revenue Code of 1986 (26 U.S.C. 1 *et seq.* ) and the Tariff Act of 1930 (19 U.S.C. 1202 *et seq.* ). See sec. 4(a)(1) of the 2015 Act. In the case of DHS, several civil penalties that are collected by U.S. Customs and Border Protection

(CBP)and the U.S. Coast Guard fall under the Tariff Act of 1930, and thus DHS did not adjust those civil penalties in this rulemaking. 3 OMB, Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Table A, 24 February 2016. *https://www.whitehouse.gov/sites/default/files/omb/memoranda/2016/m-16-06.pdf.* II. Overview of the Final Rule This rule adopts, as final, the civil monetary penalty adjustment methodology that DHS announced in the IFR. This Final Rule also makes the 2017 annual inflation adjustment pursuant to the 2015 Act and pursuant to guidance OMB issued to agencies on December 16, 2016. 4 Where applicable, we have finalized conforming edits to regulatory text. The penalty amounts in this Final Rule will be effective for penalties assessed after January 27, 2017 where the associated violation occurred after November 2, 2015. Consistent with OMB guidance, the 2015 Act does not change previously assessed penalties that the agency is actively collecting or has collected. 4 OMB, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 16, 2016. *https://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf* (last accessed Dec. 21, 2016). The IFR established the initial “catch-up” adjustment for all civil penalties that DHS and its components administer. This Final Rule makes the next adjustment to the amounts, pursuant to the 2015 Act and upon OMB guidance. The adjusted penalty amounts will apply to penalties assessed after the effective date of this Final Rule. We discuss civil penalties by DHS component in Section III below. For each component identified in Section III, below, we briefly describe the relevant civil penalty (or penalties), and we provide a table showing the increase in the penalties for 2017. In the table for each component, we show

(1)the penalty name,

(2)the penalty statutory and/or regulatory citation,

(3)the penalty amount as adjusted in the IFR,

(4)the cost-of-living adjustment multiplier for 2017 that OMB provided in its December 16, 2016 guidance, and

(5)the new 2017 adjusted penalty. For a more complete discussion of the method used for calculating the initial “catch-up” inflation adjustments and a component-by-component breakdown to the nature of the civil penalties and relevant legal authorities, please see the IFR preamble at 81 FR 42987-43000. 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). 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 2016 IFR 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) $32,796 per day 1.01636 $33,333 * OMB, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 16, 2016. *https://www.whitehouse.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 for certain violations of title 8 of the CFR regarding the Immigration and Nationality Act of 1952 (Pub. L. 82-414, as amended) (INA). The INA contains provisions that impose penalties on persons, including carriers and aliens, who violate specified provisions of the INA. CBP's relevant penalty provisions are located in numerous sections of the INA, however CBP has enumerated these penalties in regulation in one location—in 8 CFR 280.53. For a complete list of the INA sections for which penalties are assessed, in addition to a brief description of each violation, see the IFR preamble at 81 FR 42989-42990. Below is a table showing the 2017 adjustment for the penalties that CBP administers. Table 2—U.S. Customs and Border Protection Civil Penalties Adjustments Penalty name Citation Penalty amount as adjusted in the 2016 IFR 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(c)(1) (INA section 231(g)) $1,312 1.01636 $1,333 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(c)(2) (INA section 234) 3,563 1.01636 3,621 Penalties for failure to depart voluntarily 8 U.S.C. 1229c(d); 8 CFR 280.53(c)(3) (INA section 240B(d)) 1,502-7,512 1.01636 1,527-7,635 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(c)(4) (INA section 243(c)(1)(A)) 3,005 1.01636 3,054 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(c)(4) (INA section 243(c)(1)(B)) 7,512 1.01636 7,635 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(c)(5) (INA section 251(d)) 356 for each alien 1.01636 362 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(c)(5) (INA section 251(d)) 8,908 1.01636 9,054 Penalties for failure to control, detain, or remove alien crewmen 8 U.S.C. 1284(a); 8 CFR 280.53(c)(6) (INA section 254(a)) 891-5,345 1.01636 906-5,432 Penalties for employment on passenger vessels of aliens afflicted with certain disabilities 8 U.S.C. 1285; 8 CFR 280.53(c)(7) (INA section 255) 1,782 1.01636 1,811 Penalties for discharge of alien crewmen 8 U.S.C. 1286; 8 CFR 280.53(c)(8) (INA section 256) 2,672-5,345 1.01636 2,716-5,432 Penalties for bringing into the United States alien crewmen with intent to evade immigration laws 8 U.S.C. 1287; 8 CFR 280.53(c)(9) (INA section 257) 17,816 1.01636 18,107 Penalties for failure to prevent the unauthorized landing of aliens 8 U.S.C. 1321(a); 8 CFR 280.53(c)(10) (INA section 271(a)) 5,345 1.01636 5,432 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(c)(11) (INA section 272(a)) 5,345 1.01636 5,432 Penalties for bringing to the United States aliens without required documentation 8 U.S.C. 1323(b); 8 CFR 280.53(c)(12) (INA section 273(b)) 5,345 1.01636 5,432 Penalties for failure to depart 8 U.S.C. 1324d; 8 CFR 280.53(c)(13) (INA section 274D) 751 1.01636 763 Penalties for improper entry 8 U.S.C. 1325(b); 8 CFR 280.53(c)(14) (INA section 275(b)) 75-376 1.01636 76-382 * OMB, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 16, 2016. *https://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf.* 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 are codifying the civil penalty amounts in their implementing regulations. For a complete description of the civil money penalties assessed and a discussion of DHS's and DOJ's efforts to update the penalties in years past, see the IFR preamble at 81 FR 42991. Below is a table showing the 2017 adjustment for the penalties that ICE administers. Table 3—U.S. Immigration and Customs Enforcement Civil Penalties Adjustments Penalty name Citation Penalty amount as adjusted in the 2016 IFR Multiplier * New penalty as adjusted by this final rule 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) $445-$3,563 1.01636 $452-$3,621 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) 376-3,005 1.01636 382-3,054 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) 3,563-8,908 1.01636 3,621-9,054 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) 3,005-7,512 1.01636 3,054-7,635 Violation/prohibition of indemnity bonds 8 CFR 274a.8(b) 2,156 1.01636 2,191 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) 539-4,313 1.01636 548-4,384 Penalty for second offense (per unauthorized alien) 8 CFR 274a.10(b)(1)(ii)(B) 4,313-10,781 1.01636 4,384-10,957 Penalty for third or subsequent offense (per unauthorized alien) 8 CFR 274a.10(b)(1)(ii)(C) 6,469-21,563 1.01636 6,575-21,916 Civil penalties for I-9 paperwork violations 8 CFR 274a.10(b)(2) 216-2,156 1.01636 220-2,191 *OMB, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 16, 2016. *https://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.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 2017 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 2016 IFR Multiplier * New penalty as adjusted by this final rule Saving Life and Property 14 U.S.C. 88(c) $10,017 1.01636 $10,181 Saving Life and Property; Intentional Interference with Broadcast 14 U.S.C. 88(e) 1,028 1.01636 1,045 Confidentiality of Medical Quality Assurance Records (first offense) 14 U.S.C. 645(i); 33 CFR 27.3 5,032 1.01636 5,114 Confidentiality of Medical Quality Assurance Records (subsequent offenses) 14 U.S.C. 645(i); 33 CFR 27.3 33,546 1.01636 34,095 Aquatic Nuisance Species in Waters of the United States 16 U.S.C. 4711(g)(1); 33 CFR 27.3 37,561 1.01636 38,175 Obstruction of Revenue Officers by Masters of Vessels 19 U.S.C. 70; 33 CFR 27.3 7,500 1.01636 7,623 Obstruction of Revenue Officers by Masters of Vessels-Minimum Penalty 19 U.S.C. 70; 33 CFR 27.3 1,750 1.01636 1,779 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 10,875 1.01636 11,053 Anchorage Ground/Harbor Regulations St. Mary's river 33 U.S.C. 474; 33 CFR 27.3 750 1.01636 762 Bridges/Failure to Comply with Regulations 33 U.S.C. 495(b); 33 CFR 27.3 27,455 1.01636 27,904 Bridges/Drawbridges 33 U.S.C. 499(c); 33 CFR 27.3 27,455 1.01636 27,904 Bridges/Failure to Alter Bridge Obstructing Navigation 33 U.S.C. 502(c); 33 CFR 27.3 27,455 1.01636 27,904 Bridges/Maintenance and Operation 33 U.S.C. 533(b); 33 CFR 27.3 27,455 1.01636 27,904 Bridge to Bridge Communication; Master, Person in Charge or Pilot 33 U.S.C. 1208(a); 33 CFR 27.3 2,000 1.01636 2,033 Bridge to Bridge Communication; Vessel 33 U.S.C. 1208(b); 33 CFR 27.3 2,000 1.01636 2,033 PWSA Regulations 33 U.S.C. 1232(a); 33 CFR 27.3 88,613 1.01636 90,063 Vessel Navigation: Regattas or Marine Parades; Unlicensed Person in Charge 33 U.S.C. 1236(b); 33 CFR 27.3 8,908 1.01636 9,054 Vessel Navigation: Regattas or Marine Parades; Owner Onboard Vessel 33 U.S.C. 1236(c); 33 CFR 27.3 8,908 1.01636 9,054 Vessel Navigation: Regattas or Marine Parades; Other Persons 33 U.S.C. 1236(d); 33 CFR 27.3 4,454 1.01636 4,527 Oil/Hazardous Substances: Discharges (Class I per violation) 33 U.S.C. 1321(b)(6)(B)(i); 33 CFR 27.3 17,816 1.01636 18,107 Oil/Hazardous Substances: Discharges (Class I total under paragraph) 33 U.S.C. 1321(b)(6)(B)(i); 33 CFR 27.3 44,539 1.01636 45,268 Oil/Hazardous Substances: Discharges (Class II per day of violation) 33 U.S.C. 1321(b)(6)(B)(ii); 33 CFR 27.3 17,816 1.01636 18,107 Oil/Hazardous Substances: Discharges (Class II total under paragraph) 33 U.S.C. 1321(b)(6)(B)(ii); 33 CFR 27.3 222,695 1.01636 226,338 Oil/Hazardous Substances: Discharges (per day of violation) Judicial Assessment 33 U.S.C. 1321(b)(7)(A); 33 CFR 27.3 44,539 1.01636 45,268 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 1,782 1.01636 1,811 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 44,539 1.01636 45,268 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 44,539 1.01636 45,268 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 5,345 1.01636 5,432 Oil/Hazardous Substances: Discharges, Gross Negligence-Minimum Penalty (Judicial Assessment) 33 U.S.C. 1321(b)(7)(D); 33 CFR 27.3 178,156 1.01636 181,071 Marine Sanitation Devices; Operating 33 U.S.C. 1322(j); 33 CFR 27.3 7,500 1.01636 7,623 Marine Sanitation Devices; Sale or Manufacture 33 U.S.C. 1322(j); 33 CFR 27.3 20,000 1.01636 20,327 International Navigation Rules; Operator 33 U.S.C. 1608(a); 33 CFR 27.3 14,023 1.01636 14,252 International Navigation Rules; Vessel 33 U.S.C. 1608(b); 33 CFR 27.3 14,023 1.01636 14,252 Pollution from Ships; General 33 U.S.C. 1908(b)(1); 33 CFR 27.3 70,117 1.01636 71,264 Pollution from Ships; False Statement 33 U.S.C. 1908(b)(1); 33 CFR 27.3 14,023 1.01636 14,252 Inland Navigation Rules; Operator 33 U.S.C. 2072(a); 33 CFR 27.3 14,023 1.01636 14,252 Inland Navigation Rules; Vessel 33 U.S.C. 2072(b); 33 CFR 27.3 14,023 1.01636 14,252 Shore Protection; General 33 U.S.C. 2609(a); 33 CFR 27.3 49,467 1.01636 50,276 Shore Protection; Operating Without Permit 33 U.S.C. 2609(b); 33 CFR 27.3 19,787 1.01636 20,111 Oil Pollution Liability and Compensation 33 U.S.C. 2716a(a); 33 CFR 27.3 44,539 1.01636 45,268 Clean Hulls 33 U.S.C. 3852(a)(1)(A); 33 CFR 27.3 40,779 1.01636 41,446 Clean Hulls-related to false statements 33 U.S.C. 3852(a)(1)(A); 33 CFR 27.3 54,373 1.01636 55,263 Clean Hulls-Recreational Vessel 33 U.S.C. 3852(c); 33 CFR 27.3 5,437 1.01636 5,526 Hazardous Substances, Releases, Liability, Compensation (Class I) 42 U.S.C. 9609(a); 33 CFR 27.3 53,907 1.01636 54,789 Hazardous Substances, Releases, Liability, Compensation (Class II) 42 U.S.C. 9609(b); 33 CFR 27.3 53,907 1.01636 54,789 Hazardous Substances, Releases, Liability, Compensation (Class II subsequent offense) 42 U.S.C. 9609(b); 33 CFR 27.3 161,721 1.01636 164,367 Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment) 42 U.S.C. 9609(c); 33 CFR 27.3 53,907 1.01636 54,789 Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment subsequent offense) 42 U.S.C. 9609(c); 33 CFR 27.3 161,721 1.01636 164,367 Safe Containers for International Cargo 46 U.S.C. App 1505(a)(2) (codified as 46 USC 80509); 33 CFR 27.3 5,893 1.01636 5,989 Suspension of Passenger Service 46 U.S.C. App 1805(c)(2) (codified 46 USC 70305); 33 CFR 27.3 58,929 1.01636 59,893 Vessel Inspection or Examination Fees 46 U.S.C. 2110(e); 33 CFR 27.3 8,908 1.01636 9,054 Alcohol and Dangerous Drug Testing 46 U.S.C. 2115; 33 CFR 27.3 7,251 1.01636 7,370 Negligent Operations: Recreational Vessels 46 U.S.C. 2302(a); 33 CFR 27.3 6,559 1.01636 6,666 Negligent Operations: Other Vessels 46 U.S.C. 2302(a); 33 CFR 27.3 32,796 1.01636 33,333 Operating a Vessel While Under the Influence of Alcohol or a Dangerous Drug 46 U.S.C. 2302(c)(1); 33 CFR 27.3 7,251 1.01636 7,370 Vessel Reporting Requirements: Owner, Charterer, Managing Operator, or Agent 46 U.S.C. 2306(a)(4); 33 CFR 27.3 11,293 1.01636 11,478 Vessel Reporting Requirements: Master 46 U.S.C. 2306(b)(2); 33 CFR 27.3 2,259 1.01636 2,296 Immersion Suits 46 U.S.C. 3102(c)(1); 33 CFR 27.3 11,293 1.01636 11,478 Inspection Permit 46 U.S.C. 3302(i)(5); 33 CFR 27.3 2,355 1.01636 2,394 Vessel Inspection; General 46 U.S.C. 3318(a); 33 CFR 27.3 11,293 1.01636 11,478 Vessel Inspection; Nautical School Vessel 46 U.S.C. 3318(g); 33 CFR 27.3 11,293 1.01636 11,478 Vessel Inspection; Failure to Give Notice IAW 3304(b) 46 U.S.C. 3318(h); 33 CFR 27.3 2,259 1.01636 2,296 Vessel Inspection; Failure to Give Notice IAW 3309(c) 46 U.S.C. 3318(i); 33 CFR 27.3 2,259 1.01636 2,296 Vessel Inspection; Vessel ≥ 1600 Gross Tons 46 U.S.C. 3318(j)(1); 33 CFR 27.3 22,587 1.01636 22,957 Vessel Inspection; Vessel < 1600 Gross Tons 46 U.S.C. 3318(j)(1); 33 CFR 27.3 4,517 1.01636 4,591 Vessel Inspection; Failure to Comply with 3311(b) 46 U.S.C. 3318(k); 33 CFR 27.3 22,587 1.01636 22,957 Vessel Inspection; Violation of 3318(b)-3318(f) 46 U.S.C. 3318(l); 33 CFR 27.3 11,293 1.01636 11,478 List/count of Passengers 46 U.S.C. 3502(e); 33 CFR 27.3 235 1.01636 239 Notification to Passengers 46 U.S.C. 3504(c); 33 CFR 27.3 23,548 1.01636 23,933 Notification to Passengers; Sale of Tickets 46 U.S.C. 3504(c); 33 CFR 27.3 1,177 1.01636 1,196 Copies of Laws on Passenger Vessels; Master 46 U.S.C. 3506; 33 CFR 27.3 471 1.01636 479 Liquid Bulk/Dangerous Cargo 46 U.S.C. 3718(a)(1); 33 CFR 27.3 58,871 1.01636 59,834 Uninspected Vessels 46 U.S.C. 4106; 33 CFR 27.3 9,893 1.01636 10,055 Recreational Vessels (maximum for related series of violations) 46 U.S.C. 4311(b)(1); 33 CFR 27.3 311,470 1.01636 316,566 Recreational Vessels; Violation of 4307(a) 46 U.S.C. 4311(b)(1); 33 CFR 27.3 6,229 1.01636 6,331 Recreational vessels 46 U.S.C. 4311(c); 33 CFR 27.3 2,355 1.01636 2,394 Uninspected Commercial Fishing Industry Vessels 46 U.S.C. 4507; 33 CFR 27.3 9,893 1.01636 10,055 Abandonment of Barges 46 U.S.C. 4703; 33 CFR 27.3 1,677 1.01636 1,704 Load Lines 46 U.S.C. 5116(a); 33 CFR 27.3 10,781 1.01636 10,957 Load Lines; Violation of 5112(a) 46 U.S.C. 5116(b); 33 CFR 27.3 21,563 1.01636 21,916 Load Lines; Violation of 5112(b) 46 U.S.C. 5116(c); 33 CFR 27.3 10,781 1.01636 10,957 Reporting Marine Casualties 46 U.S.C. 6103(a); 33 CFR 27.3 37,561 1.01636 38,175 Reporting Marine Casualties; Violation of 6104 46 U.S.C. 6103(b); 33 CFR 27.3 9,893 1.01636 10,055 Manning of Inspected Vessels; Failure to Report Deficiency in Vessel Complement 46 U.S.C. 8101(e); 33 CFR 27.3 1,782 1.01636 1,811 Manning of Inspected Vessels 46 U.S.C. 8101(f); 33 CFR 27.3 17,816 1.01636 18,107 Manning of Inspected Vessels; Employing or Serving in Capacity not Licensed by USCG 46 U.S.C. 8101(g); 33 CFR 27.3 17,816 1.01636 18,107 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 2,355 1.01636 2,394 Watchmen on Passenger Vessels 46 U.S.C. 8102(a) 2,355 1.01636 2,394 Citizenship Requirements 46 U.S.C. 8103(f) 1,177 1.01636 1,196 Watches on Vessels; Violation of 8104(a) or

(b)46 U.S.C. 8104(i) 17,816 1.01636 18,107 Watches on Vessels; Violation of 8104(c), (d), (e), or

(h)46 U.S.C. 8104(j) 17,816 1.01636 18,107 Staff Department on Vessels 46 U.S.C. 8302(e) 235 1.01636 239 Officer's Competency Certificates 46 U.S.C. 8304(d) 235 1.01636 239 Coastwise Pilotage; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge 46 U.S.C. 8502(e) 17,816 1.01636 18,107 Coastwise Pilotage; Individual 46 U.S.C. 8502(f) 17,816 1.01636 18,107 Federal Pilots 46 U.S.C. 8503 56,467 1.01636 57,391 Merchant Mariners Documents 46 U.S.C. 8701(d) 1,177 1.01636 1,196 Crew Requirements 46 U.S.C. 8702(e) 17,816 1.01636 18,107 Small Vessel Manning 46 U.S.C. 8906 37,561 1.01636 38,175 Pilotage: Great Lakes; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge 46 U.S.C. 9308(a) 17,816 1.01636 18,107 Pilotage: Great Lakes; Individual 46 U.S.C. 9308(b) 17,816 1.01636 18,107 Pilotage: Great Lakes; Violation of 9303 46 U.S.C. 9308(c) 17,816 1.01636 18,107 Failure to Report Sexual Offense 46 U.S.C. 10104(b) 9,468 1.01636 9,623 Pay Advances to Seamen 46 U.S.C. 10314(a)(2) 1,177 1.01636 1,196 Pay Advances to Seamen; Remuneration for Employment 46 U.S.C. 10314(b) 1,177 1.01636 1,196 Allotment to Seamen 46 U.S.C. 10315(c) 1,177 1.01636 1,196 Seamen Protection; General 46 U.S.C. 10321 8,162 1.01636 8,296 Coastwise Voyages: Advances 46 U.S.C. 10505(a)(2) 8,162 1.01636 8,296 Coastwise Voyages: Advances; Remuneration for Employment 46 U.S.C. 10505(b) 8,162 1.01636 8,296 Coastwise Voyages: Seamen Protection; General 46 U.S.C. 10508(b) 8,162 1.01636 8,296 Effects of Deceased Seamen 46 U.S.C. 10711 471 1.01636 479 Complaints of Unfitness 46 U.S.C. 10902(a)(2) 1,177 1.01636 1,196 Proceedings on Examination of Vessel 46 U.S.C. 10903(d) 235 1.01636 239 Permission to Make Complaint 46 U.S.C. 10907(b) 1,177 1.01636 1,196 Accommodations for Seamen 46 U.S.C. 11101(f) 1,177 1.01636 1,196 Medicine Chests on Vessels 46 U.S.C. 11102(b) 1,177 1.01636 1,196 Destitute Seamen 46 U.S.C. 11104(b) 235 1.01636 239 Wages on Discharge 46 U.S.C. 11105(c) 1,177 1.01636 1,196 Log Books; Master Failing to Maintain 46 U.S.C. 11303(a) 471 1.01636 479 Log Books; Master Failing to Make Entry 46 U.S.C. 11303(b) 471 1.01636 479 Log Books; Late Entry 46 U.S.C. 11303(c) 353 1.01636 359 Carrying of Sheath Knives 46 U.S.C. 11506 118 1.01636 120 Vessel Documentation 46 U.S.C. 12151(a)(1) 15,423 1.01636 15,675 Documentation of Vessels—Related to Activities involving mobile offshore drilling units 46 U.S.C. 12151 (a)(2) 25,705 1.01636 26,126 Vessel Documentation; Fishery Endorsement 46 U.S.C. 12151(c) 117,858 1.01636 119,786 Numbering of Undocumented Vessels—Willful violation 46 U.S.C. 12309(a) 11,774 1.01636 11,967 Numbering of Undocumented Vessels 46 U.S.C. 12309(b) 2,355 1.01636 2,394 Vessel Identification System 46 U.S.C. 12507(b) 19,787 1.01636 20,111 Measurement of Vessels 46 U.S.C. 14701 43,126 1.01636 43,832 Measurement; False Statements 46 U.S.C. 14702 43,126 1.01636 43,832 Commercial Instruments and Maritime Liens 46 U.S.C. 31309 19,787 1.01636 20,111 Commercial Instruments and Maritime Liens; Mortgagor 46 U.S.C. 31330(a)(2) 19,787 1.01636 20,111 Commercial Instruments and Maritime Liens; Violation of 31329 46 U.S.C. 31330(b)(2) 49,467 1.01636 50,276 Port Security 46 U.S.C. 70119(a) 32,796 1.01636 33,333 Port Security-Continuing Violations 46 U.S.C. 70119(b) 58,929 1.01636 59,893 Maritime Drug Law Enforcement 46 U.S.C. 70506(c) 5,437 1.01636 5,526 Hazardous Materials: Related to Vessels 49 U.S.C. 5123(a)(1) 77,114 1.01636 78,376 Hazardous Materials: Related to Vessels-Penalty from Fatalities, Serious Injuries/Illness or substantial Damage to Property 49 U.S.C. 5123(a)(2) 179,933 1.01636 182,877 Hazardous Materials: Related to Vessels; Training 49 U.S.C. 5123(a)(3) 463 1.01636 471 * OMB, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 16, 2016. *https://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf.* ** Exempt as under the Tariff Act. 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. 114(v), TSA may impose penalties for violations of any statute that TSA administers, whether an implementing regulation or order imposes the penalty. 6 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), 7 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 2017 adjustment for the penalties that TSA administers. 6 See 49 U.S.C. 114(v), 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)). 7 See, *e.g.,* 46 U.S.C. 70105, 49 U.S.C. 46302 and 46303, and U.S.C. ch. 449. Table 5—Transportation Security Administration Civil Penalties Adjustments Penalty name Citation Penalty amount as adjusted in the 2016 IFR 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) $32,140 (up to a total of $514,244 per civil penalty action) 1.01636 $32,666 (up to a total of $522,657 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) $12,856 (up to a total of $64,281 total for small businesses, $514,244 for others) 1.01636 $13,066 (up to a total of $65,333 total for small business, $522,657 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) $11,002 (up to a total of $55,010 total for small businesses, $440,080 for others) 1.01636 $11,182 (up to a total of $55,910 total for small businesses, $447,280 for others). * OMB, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 16, 2016. *https://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf.* IV. Discussion of Public Comments DHS did not receive any public comments on the IFR. V. Administrative Procedure Act The Administrative Procedure Act

(APA)generally requires agencies to publish a notice of proposed rulemaking in the **Federal Register** (5 U.S.C. 553(b)) and to provide interested persons with the opportunity to submit comments (5 U.S.C. 553(c)). The APA also requires agencies to provide a delayed effective date (of not less than 30 days) for substantive rules. 5 U.S.C. 553(d). The APA, however, provides an exception to the notice and public comment requirements where the “agency for good cause finds . . . that notice and public procedure thereon are impracticable, unnecessary, or contrary to public interest.” 5 U.S.C. 553(b)(B). As discussed in the preamble to the IFR, DHS issued the IFR pursuant to the “good cause” exception in the APA. With respect to this Final Rule and future required annual adjustments, the 2015 Act, specifically instructed that agencies are to make the required annual adjustments notwithstanding section 553 of title 5 of the United States Code. 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. Accordingly, and as specified in the 2015 Act, the prior public notice and comment procedures and delayed effective date requirements of the APA do not apply to this rule. As described in Section I above, the 2015 Act requires agencies to make annual adjustments to civil monetary penalties no later than January 15 of each year and to publish the adjustments in the **Federal Register** . DHS intends to make future annual inflation adjustments by publication of a Final Rule, notwithstanding section 553 of title 5 of the United States Code including the notice-and-comment and delayed effective date requirements of the APA. In future annual adjustments, DHS will merely need to update the penalty amounts by applying the cost-of-living adjustment multiplier that OMB provides to agencies. Accordingly, DHS will publish a Final Rule, notwithstanding section 553 of title 5 of the United States Code, that provides a table with the adjusted penalty amounts and that updates the numbers in the regulatory text accordingly. 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. 8 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. 8 OMB, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, December 16, 2016. *https://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.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. 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, the interim rule amending 6 CFR part 27, 8 CFR parts 270, 274a, and 280, 33 CFR part 27, and 49 CFR part 1503, which was published at 81 FR 42987 on July 1, 2016, is adopted as a final rule with the following changes: 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; Public Law 101-410, 104 Stat. 890, as amended by Public Law 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 $33,333 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; Public Law 101-410, 104 Stat. 890, as amended by Public Law 104-134, 110 Stat. 1321 and Public Law 114-74, 129 Stat. 599. 4. In § 270.3, revise paragraphs (b)(1)(ii)(A), (B), (C), and

(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 $452 and not exceeding $3,621 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 $382 and not exceeding $3,054 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 $3,621 and not more than $9,054 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 $3,054 and not more than $7,635 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; Public Law 101-410, 104 Stat. 890, as amended by Public Law 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 $2,191 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), (B), and

(C)and (b)(2) 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 $548 and not more than $4,384 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 $4,384 and not more than $10,957 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 $6,575 and not more than $21,916 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 $220 and not more than $2,191 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:

(i)The size of the business of the employer being charged;

(ii)The good faith of the employer;

(iii)The seriousness of the violation;

(iv)Whether or not the individual was an unauthorized alien; and

(v)The history of previous violations of the employer. 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; Public Law 101-410, 104 Stat. 890, as amended by Public Law 114-74, 129 Stat. 599. 9. Revise § 280.53 to read as follows: § 280.53 Civil monetary penalties inflation adjustment.

(a)*Statutory authority.* In accordance with the requirements of the Federal Civil Penalties Inflation Adjustment Act of 1990, Public Law 101-410, 104 Stat. 890, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Public Law 114-74, Sec. 701, 129 Stat. 599, the civil monetary penalties listed in paragraph

(b)of this section are adjusted as provided in paragraph (b).

(b)*Adjustment of penalties.* For violations occurring on or before November 2, 2015, the penalty amount prior to adjustment applies. For violations occurring after November 2, 2015, the listed penalties are adjusted as follows:

(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 $1,312 to $1,333.

(2)Section 234 of the Act, Penalties for non-compliance with landing requirements at designated ports of entry for aircraft transporting aliens: From $3,563 to $3,621.

(3)Section 240B(d) of the Act, Penalties for failure to depart voluntarily: From $1,502 minimum/$7,512 maximum to $1,527 minimum/$7,635 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 $3,005 to $3,054;

(5)Penalties for failure to remove alien stowaways under section 241(d)(2): From $7,512 to $7,635.

(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 $356 to $362; and penalties for use of alien crewmen for longshore work in violation of section 251(d) of the Act: From $8,908 to $9,054.

(7)Section 254(a) of the Act, Penalties for failure to control, detain, or remove alien crewmen: From $891 minimum/$5,345 maximum to $906 minimum/$5,432 maximum.

(8)Section 255 of the Act, Penalties for employment on passenger vessels of aliens afflicted with certain disabilities: From $1,782 to $1,811.

(9)Section 256 of the Act, Penalties for discharge of alien crewmen: From $2,672 minimum/$5,345 maximum to $2,716 minimum/$5,432 maximum.

(10)Section 257 of the Act, Penalties for bringing into the United States alien crewmen with intent to evade immigration laws: From $17,816 maximum to $18,107 maximum.

(11)Section 271(a) of the Act, Penalties for failure to prevent the unauthorized landing of aliens: From $5,345 to $5,432.

(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 $5,345 to $5,432.

(13)Section 273(b) of the Act, Penalties for bringing to the United States aliens without required documentation: From $5,345 to $5,432.

(14)Section 274D of the Act, Penalties for failure to depart: From $751 to $763, for each day the alien is in violation.

(15)Section 275(b) of the Act, Penalties for improper entry: From $75 minimum/$376 maximum to $76 minimum/$382 maximum, for each entry or attempted entry. Title 33—Navigation and Navigable Waters PART 27—ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION 10. The authority citation for part 27 continues to read as follows: Authority: Secs. 1-6, Public Law 101-410, 104 Stat. 890, as amended by Sec. 31001(s)(1), Public Law 104-134, as amended by Public Law 114-74; 110 Stat. 1321 (28 U.S.C. 2461 note); Department of Homeland Security Delegation No. 0170.1, sec. 2 (106). 11. Revise § 27.3 to read as follows: § 27.3 Penalty adjustment table. Table 1 identifies the statutes administered by the Coast Guard that authorize a civil monetary penalty. The “adjusted maximum penalty” is the maximum penalty authorized by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, as determined by the Coast Guard. The adjusted civil penalty amounts listed in Table 1 are applicable for penalty assessments issued after January 27, 2017, with respect to violations occurring after November 2, 2015. The applicable civil penalty amounts for violations occurring on or before November 2, 2015, are set forth in previously published regulations amending this part. Table 1—Civil Monetary Penalty Inflation Adjustments U.S. Code citation Civil monetary penalty description 2017 adjusted maximum penalty amount ($) 14 U.S.C. 88(c) Saving Life and Property 10,181 14 U.S.C. 88(e) Saving Life and Property; Intentional Interference with Broadcast 1,045 14 U.S.C. 645(i) Confidentiality of Medical Quality Assurance Records (first offense) 5,114 14 U.S.C. 645(i) Confidentiality of Medical Quality Assurance Records (subsequent offenses) 34,095 16 U.S.C. 4711(g)(1) Aquatic Nuisance Species in Waters of the United States 38,175 19 U.S.C. 70 Obstruction of Revenue Officers by Masters of Vessels 7,623 19 U.S.C. 70 Obstruction of Revenue Officers by Masters of Vessels—Minimum Penalty 1,779 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 11,053 33 U.S.C. 474 Anchorage Ground/Harbor Regulations St. Mary's River 762 33 U.S.C. 495(b) Bridges/Failure to Comply with Regulations 27,904 33 U.S.C. 499(c) Bridges/Drawbridges 27,904 33 U.S.C. 502(c) Bridges/Failure to Alter Bridge Obstructing Navigation 27,904 33 U.S.C. 533(b) Bridges/Maintenance and Operation 27,904 33 U.S.C. 1208(a) Bridge to Bridge Communication; Master, Person in Charge or Pilot 2,033 33 U.S.C. 1208(b) Bridge to Bridge Communication; Vessel 2,033 33 U.S.C. 1232(a) PWSA Regulations 90,063 33 U.S.C. 1236(b) Vessel Navigation: Regattas or Marine Parades; Unlicensed Person in Charge 9,054 33 U.S.C. 1236(c) Vessel Navigation: Regattas or Marine Parades; Owner Onboard Vessel 9,054 33 U.S.C. 1236(d) Vessel Navigation: Regattas or Marine Parades; Other Persons 4,527 33 U.S.C. 1321(b)(6)(B)(i) Oil/Hazardous Substances: Discharges (Class I per violation) 18,107 33 U.S.C. 1321(b)(6)(B)(i) Oil/Hazardous Substances: Discharges (Class I total under paragraph) 45,268 33 U.S.C. 1321(b)(6)(B)(ii) Oil/Hazardous Substances: Discharges (Class II per day of violation) 18,107 33 U.S.C. 1321(b)(6)(B)(ii) Oil/Hazardous Substances: Discharges (Class II total under paragraph) 226,338 33 U.S.C. 1321(b)(7)(A) Oil/Hazardous Substances: Discharges (per day of violation) Judicial Assessment 45,268 33 U.S.C. 1321(b)(7)(A) Oil/Hazardous Substances: Discharges (per barrel of oil or unit discharged) Judicial Assessment 1,811 33 U.S.C. 1321(b)(7)(B) Oil/Hazardous Substances: Failure to Carry Out Removal/Comply With Order (Judicial Assessment) 45,268 33 U.S.C. 1321(b)(7)(C) Oil/Hazardous Substances: Failure to Comply with Regulation Issued Under 1321(j) (Judicial Assessment) 45,268 33 U.S.C. 1321(b)(7)(D) Oil/Hazardous Substances: Discharges, Gross Negligence (per barrel of oil or unit discharged) Judicial Assessment 5,432 33 U.S.C. 1321(b)(7)(D) Oil/Hazardous Substances: Discharges, Gross Negligence—Minimum Penalty (Judicial Assessment) 181,071 33 U.S.C. 1322(j) Marine Sanitation Devices; Operating 7,623 33 U.S.C. 1322(j) Marine Sanitation Devices; Sale or Manufacture 20,327 33 U.S.C. 1608(a) International Navigation Rules; Operator 14,252 33 U.S.C. 1608(b) International Navigation Rules; Vessel 14,252 33 U.S.C. 1908(b)(1) Pollution from Ships; General 71,264 33 U.S.C. 1908(b)(2) Pollution from Ships; False Statement 14,252 33 U.S.C. 2072(a) Inland Navigation Rules; Operator 14,252 33 U.S.C. 2072(b) Inland Navigation Rules; Vessel 14,252 33 U.S.C. 2609(a) Shore Protection; General 50,276 33 U.S.C. 2609(b) Shore Protection; Operating Without Permit 20,111 33 U.S.C. 2716a(a) Oil Pollution Liability and Compensation 45,268 33 U.S.C. 3852(a)(1)(A) Clean Hulls; Civil Enforcement 41,446 33 U.S.C. 3852(a)(1)(A) Clean Hulls; related to false statements 55,263 33 U.S.C. 3852(c) Clean Hulls; Recreational Vessels 5,526 42 U.S.C. 9609(a) Hazardous Substances, Releases, Liability, Compensation (Class I) 54,789 42 U.S.C. 9609(b) Hazardous Substances, Releases, Liability, Compensation (Class II) 54,789 42 U.S.C. 9609(b) Hazardous Substances, Releases, Liability, Compensation (Class II subsequent offense) 164,367 42 U.S.C. 9609(c) Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment) 54,789 42 U.S.C. 9609(c) Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment subsequent offense) 164,367 46 U.S.C. 80509(a) Safe Containers for International Cargo 5,989 46 U.S.C. 70305(c) Suspension of Passenger Service 59,893 46 U.S.C. 2110(e) Vessel Inspection or Examination Fees 9,054 46 U.S.C. 2115 Alcohol and Dangerous Drug Testing 7,370 46 U.S.C. 2302(a) Negligent Operations: Recreational Vessels 6,666 46 U.S.C. 2302(a) Negligent Operations: Other Vessels 33,333 46 U.S.C. 2302(c)(1) Operating a Vessel While Under the Influence of Alcohol or a Dangerous Drug 7,370 46 U.S.C. 2306(a)(4) Vessel Reporting Requirements: Owner, Charterer, Managing Operator, or Agent 11,478 46 U.S.C. 2306(b)(2) Vessel Reporting Requirements: Master 2,296 46 U.S.C. 3102(c)(1) Immersion Suits 11,478 46 U.S.C. 3302(i)(5) Inspection Permit 2,394 46 U.S.C. 3318(a) Vessel Inspection; General 11,478 46 U.S.C. 3318(g) Vessel Inspection; Nautical School Vessel 11,478 46 U.S.C. 3318(h) Vessel Inspection; Failure to Give Notice IAW 3304(b) 2,296 46 U.S.C. 3318(i) Vessel Inspection; Failure to Give Notice IAW 3309(c) 2,296 46 U.S.C. 3318(j)(1) Vessel Inspection; Vessel ≥1600 Gross Tons 22,957 46 U.S.C. 3318(j)(1) Vessel Inspection; Vessel <1600 Gross Tons 4,591 46 U.S.C. 3318(k) Vessel Inspection; Failure to Comply with 3311(b) 22,957 46 U.S.C. 3318(l) Vessel Inspection; Violation of 3318(b)-3318(f) 11,478 46 U.S.C. 3502(e) List/count of Passengers 239 46 U.S.C. 3504(c) Notification to Passengers 23,933 46 U.S.C. 3504(c) Notification to Passengers; Sale of Tickets 1,196 46 U.S.C. 3506 Copies of Laws on Passenger Vessels; Master 479 46 U.S.C. 3718(a)(1) Liquid Bulk/Dangerous Cargo 59,834 46 U.S.C. 4106 Uninspected Vessels 10,055 46 U.S.C. 4311(b)(1) Recreational Vessels (maximum for related series of violations) 316,566 46 U.S.C. 4311(b)(1) Recreational Vessels; Violation of 4307(a) 6,331 46 U.S.C. 4311(c) Recreational Vessels 2,394 46 U.S.C. 4507 Uninspected Commercial Fishing Industry Vessels 10,055 46 U.S.C. 4703 Abandonment of Barges 1,704 46 U.S.C. 5116(a) Load Lines 10,957 46 U.S.C. 5116(b) Load Lines; Violation of 5112(a) 21,916 46 U.S.C. 5116(c) Load Lines; Violation of 5112(b) 10,957 46 U.S.C. 6103(a) Reporting Marine Casualties 38,175 46 U.S.C. 6103(b) Reporting Marine Casualties; Violation of 6104 10,055 46 U.S.C. 8101(e) Manning of Inspected Vessels; Failure to Report Deficiency in Vessel Complement 1,811 46 U.S.C. 8101(f) Manning of Inspected Vessels 18,107 46 U.S.C. 8101(g) Manning of Inspected Vessels; Employing or Serving in Capacity not Licensed by USCG 18,107 46 U.S.C. 8101(h) Manning of Inspected Vessels; Freight Vessel <100 GT, Small Passenger Vessel, or Sailing School Vessel 2,394 46 U.S.C. 8102(a) Watchmen on Passenger Vessels 2,394 46 U.S.C. 8103(f) Citizenship Requirements 1,196 46 U.S.C. 8104(i) Watches on Vessels; Violation of 8104(a) or

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

(h)18,107 46 U.S.C. 8302(e) Staff Department on Vessels 239 46 U.S.C. 8304(d) Officer's Competency Certificates 239 46 U.S.C. 8502(e) Coastwise Pilotage; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge 18,107 46 U.S.C. 8502(f) Coastwise Pilotage; Individual 18,107 46 U.S.C. 8503 Federal Pilots 57,391 46 U.S.C. 8701(d) Merchant Mariners Documents 1,196 46 U.S.C. 8702(e) Crew Requirements 18,107 46 U.S.C. 8906 Small Vessel Manning 38,175 46 U.S.C. 9308(a) Pilotage: Great Lakes; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge 18,107 46 U.S.C. 9308(b) Pilotage: Great Lakes; Individual 18,107 46 U.S.C. 9308(c) Pilotage: Great Lakes; Violation of 9303 18,107 46 U.S.C. 10104(b) Failure to Report Sexual Offense 9,623 46 U.S.C. 10314(a)(2) Pay Advances to Seamen 1,196 46 U.S.C. 10314(b) Pay Advances to Seamen; Remuneration for Employment 1,196 46 U.S.C. 10315(c) Allotment to Seamen 1,196 46 U.S.C. 10321 Seamen Protection; General 8,296 46 U.S.C. 10505(a)(2) Coastwise Voyages: Advances 8,296 46 U.S.C. 10505(b) Coastwise Voyages: Advances; Remuneration for Employment 8,296 46 U.S.C. 10508(b) Coastwise Voyages: Seamen Protection; General 8,296 46 U.S.C. 10711 Effects of Deceased Seamen 479 46 U.S.C. 10902(a)(2) Complaints of Unfitness 1,196 46 U.S.C. 10903(d) Proceedings on Examination of Vessel 239 46 U.S.C. 10907(b) Permission to Make Complaint 1,196 46 U.S.C. 11101(f) Accommodations for Seamen 1,196 46 U.S.C. 11102(b) Medicine Chests on Vessels 1,196 46 U.S.C. 11104(b) Destitute Seamen 239 46 U.S.C. 11105(c) Wages on Discharge 1,196 46 U.S.C. 11303(a) Log Books; Master Failing to Maintain 479 46 U.S.C. 11303(b) Log Books; Master Failing to Make Entry 479 46 U.S.C. 11303(c) Log Books; Late Entry 359 46 U.S.C. 11506 Carrying of Sheath Knives 120 46 U.S.C. 12151(a)(1) Vessel Documentation 15,675 46 U.S.C. 12151(a)(2) Documentation of Vessels—Related to activities involving mobile offshore drilling units 26,126 46 U.S.C. 12151(c) Vessel Documentation; Fishery Endorsement 119,786 46 U.S.C. 12309(a) Numbering of Undocumented Vessels—Willful violation 11,967 46 U.S.C. 12309(b) Numbering of Undocumented Vessels 2,394 46 U.S.C. 12507(b) Vessel Identification System 20,111 46 U.S.C. 14701 Measurement of Vessels 43,832 46 U.S.C. 14702 Measurement; False Statements 43,832 46 U.S.C. 31309 Commercial Instruments and Maritime Liens 20,111 46 U.S.C. 31330(a)(2) Commercial Instruments and Maritime Liens; Mortgagor 20,111 46 U.S.C. 31330(b)(2) Commercial Instruments and Maritime Liens; Violation of 31329 50,276 46 U.S.C. 70119(a) Port Security 33,333 46 U.S.C. 70119(b) Port Security—Continuing Violations 59,893 46 U.S.C. 70506 Maritime Drug Law Enforcement; Penalties 5,526 49 U.S.C. 5123(a)(1) Hazardous Materials: Related to Vessels—Maximum Penalty 78,376 49 U.S.C. 5123(a)(2) Hazardous Materials: Related to Vessels—Penalty from Fatalities, Serious Injuries/Illness or Substantial Damage to Property 182,877 49 U.S.C. 5123(a)(3) Hazardous Materials: Related to Vessels—Training 471 1 Enacted under the Tariff Act of 1930, exempt from inflation adjustments. Title 49—Transportation PART 1503—INVESTIGATIVE AND ENFORCEMENT PROCEDURES 12. 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; Public Law 104-134, as amended by Public Law 114-74. 13. Revise § 1503.401 to read as follows: § 1503.401 Maximum penalty amounts.

(a)*General.* TSA may assess civil penalties not exceeding the following amounts against a person for the violation of a TSA requirement.

(b)*In general.* Except as provided in paragraph

(c)of this section, in the case of violation of title 49 U.S.C. or 46 U.S.C. chapter 701, or a regulation prescribed or order issued under any of those provisions, TSA may impose a civil penalty in the following amounts:

(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 $11,182 per violation, up to a total of $55,910 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, $11,182 per violation, up to a total of $447,280 per civil penalty action, in the case of any other person.

(c)*Certain aviation related violations.* In the case of a violation of 49 U.S.C. chapter 449 (except sections 44902, 44903(d), 44907(a)-(d)(1)(A), 44907(d)(1)(C)-(f), 44908, and 44909), or 49 U.S.C. 46302 or 46303, or a regulation prescribed or order issued under any of those provisions, TSA may impose a civil penalty in the following amounts:

(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, $13,066 per violation, up to a total of 65,333 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, $13,066 per violation, up to a total of $522,657 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, $32,666 per violation, up to a total of $522,657 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. Jeh Charles Johnson, Secretary. [FR Doc. 2017-00605 Filed 1-26-17; 8:45 am]

Connectionstraces to 110

Traces to 110 documents

public-private-law

U.S. Code