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Code · REGISTER · 2019-04-05 · PROPOSED RULES · Agricultural Marketing Agricultural Marketing Service RULES Marketing Order: Sweet Onions Grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon, 13513-13516 2019-06701 Agricultu · Unknown

Unknown. Final rule

12,889 words·~59 min read·/register/2019/04/05/2019-06745·

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-2019-04-05.xml --- 84 66 Friday, April 5, 2019 Contents Agricultural Marketing Agricultural Marketing Service RULES Marketing Order: Sweet Onions Grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon, 13513-13516 2019-06701 Agriculture Agriculture Department See Agricultural Marketing Service See Commodity Credit Corporation See Food and Nutrition Service See Food Safety and Inspection Service Census Bureau Census Bureau NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 13628-13631 2019-06651 2019-06652 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Current Population Survey, School Enrollment Supplement, 13628 2019-06653 Meetings: National Advisory Committee, 13631 2019-06700 Civil Rights Civil Rights Commission NOTICES Meetings: Colorado Advisory Committee, 13627 2019-06693 North Dakota Advisory Committee, 13626-13627 2019-06694 Coast Guard Coast Guard RULES Civil Monetary Penalty Adjustments for Inflation, 13499-13513 2019-06745 Regattas and Marine Parades:
Great Lakes Annual Marine Events, 13525-13526 2019-06631 Safety Zones: Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone—Michigan City Summerfest Fireworks, Lake Michigan, 13530-13531 2019-06655 Security Zones: Corpus Christi Ship Channel, Corpus Christi, TX, 13528-13530 2019-06727 Special Local Regulation: Ohio River, Louisville, KY, 13526-13528 2019-06718 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;
Additions and Deletions, 13643 2019-06661 Commodity Credit Commodity Credit Corporation PROPOSED RULES Delivery and Shipping Standards for Cotton Warehouses, 13562-13565 2019-06699 Community Development Community Development Financial Institutions Fund NOTICES Funds Availability: Community Development Financial Institutions Program Fiscal Year 2019 Funding Round, 13740-13761 2019-06622 Native American Assistance Fiscal Year 2019 Funding Round, 13761-13783 2019-06623 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Federal Financial Institutions Examination Council Cybersecurity Assessment Tool, 13786-13787 2019-06644 Leasing, 13784-13785 2019-06643 Supplier Registration Form, 13785-13786 2019-06642 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fast Response Survey System 110: Use of Educational Technology for Instruction in Public Schools—Preliminary Activities, 13644-13645 2019-06749 Health Education Assistance Loan, 13645-13646 2019-06691 Mathematics and Science Partnerships Program:
Annual Performance Report, 13644 2019-06747 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 13646 2019-06839 Employee Benefits Employee Benefits Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13719-13720 2019-06667 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Required Elements of an Unemployment Insurance Reemployment Services and Eligibility Assessment Grant State Plan, 13720-13722 2019-05307 Trade Adjustment Assistance
(TAA)State Survey, 13722 2019-06660 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Arizona; Approval and Conditional Approval of State Implementation Plan Revisions; Maricopa County Air Quality Department; Stationary Source Permits, 13543-13550 2019-06384 Significant New Use Rules on Certain Chemical Substances, 13531-13543 2019-06624 Tolerance Exemption: 2-Hydroxypropyl Starch, 13551-13554 2019-06689 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Idaho; Regional Haze Progress Report, 13582-13587 2019-06739 NOTICES Environmental Impact Statements; Availability, etc.: Weekly Receipts, 13662 2019-06688 Funding Availability: Applications for Credit Assistance under the Water Infrastructure Finance and Innovation Act Program, 13657-13662 2019-06731 Good Neighbor Environmental Board, 13662-13663 2019-06733 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Pilatus Aircraft Ltd. Airplanes, 13571-13573 2019-06672 Amendment of Class E Airspace: Monroe, GA, 13575-13576 2019-06610 Establishment of Class E Airspace: Beeville-Chase Field, TX, 13574-13575 2019-06611 High Elevation Airport Operations, 13565-13571 2019-06765 NOTICES Meetings: National Parks Overflights Advisory Group, 13739-13740 2019-06763 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13663-13666 2019-06710 2019-06711 Federal Deposit Federal Deposit Insurance Corporation NOTICES Termination of Receiverships, 13666 2019-06712 Federal Emergency Federal Emergency Management Agency NOTICES Flood Hazard Determinations; Changes, 13675-13678, 13681-13683 2019-06684 2019-06685 Flood Hazard Determinations; Proposals, 13673-13675, 13683-13685 2019-06686 2019-06687 Major Disaster and Related Determinations: Iowa, 13685-13686 2019-06638 Nebraska, 13678-13679 2019-06633 Major Disaster Declaration: Florida; Amendment No. 8, 13680-13681 2019-06640 Kansas; Amendment No. 1, 13680 2019-06641 Mississippi; Amendment No. 1, 13678 2019-06634 Mississippi; Amendment No. 2, 13680 2019-06635 Nebraska; Amendment No. 1, 13685 2019-06632 North Carolina; Amendment No. 1, 13679 2019-06636 North Carolina; Amendment No. 11, 13679-13680 2019-06637 Texas; Amendment No. 1, 13683 2019-06639 Meetings: National Advisory Council, 13672-13673 2019-06692 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Oceanus Power and Water, LLC, 13655-13656 2019-06719 Combined Filings, 13646-13647, 13650-13655 2019-06721 2019-06722 Environmental Assessments; Availability, etc.: Eastern Shore Natural Gas Co.; Del-Mar Energy Pathway Project, 13656-13657 2019-06714 Environmental Impact Statements; Availability, etc.: Jordan Cove Energy Project LP, Pacific Connector Gas Pipeline L.P.; Jordan Cove Liquefied Natural Gas Project, 13648-13649 2019-06715 Filings: PJM Interconnection, L.L.C., 13650 2019-06716 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: AES Alamitos Energy, LLC, 13655 2019-06723 AES Huntington Beach Energy, LLC, 13647-13648 2019-06724 Request under Blanket Authorization: Tennessee Gas Pipeline Co., L.L.C., 13649-13650 2019-06717 Federal Reserve Federal Reserve System NOTICES Requests for Applications: Membership on the Community Advisory Council, 13666-13668 2019-06406 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Establishment of a Nonessential Experimental Population of the California Condor in the Pacific Northwest, 13587-13603 2019-06293 Marine Mammals: Incidental Take During Specified Activities: Cook Inlet, AK, 13603-13604 2019-06677 Food and Drug Food and Drug Administration NOTICES Determinations that Products Were Not Withdrawn from Sale for Reasons of Safety or Effectiveness: ANTIVERT Chewable Tablets, 25 Milligrams, and Tablets, 12.5 Milligrams, 25 Milligrams, and 50 Milligrams, 13669-13670 2019-06656 Guidance: Risk Evaluation and Mitigation Strategy: The Food and Drug Administration's Application of Statutory Factors in Determining When a Risk Evaluation and Mitigation Strategy Is Necessary, 13668-13669 2019-06663 Food and Nutrition Food and Nutrition Service PROPOSED RULES Providing Regulatory Flexibility for Retailers in the Supplemental Nutrition Assistance Program, 13555-13562 2019-06597 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for the Development of Nutrition Education Messages and Products for the General Public, 13625-13626 2019-06698 Food Safety Food Safety and Inspection Service RULES Eligibility of Honduras to Export Poultry Products to the United States, 13516-13520 2019-06662 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity: Calsonic Kansei North America, Foreign-Trade Zone 78, Nashville, TN, 13632 2019-06708 Proposed Production Activity: EBI, LLC, Foreign-Trade Zone 238, Dublin, VA, 13632 2019-06707 Samsung Electronics America, Inc., Foreign-Trade Zone 168, Dallas/Fort Worth, TX, 13631-13632 2019-06705 Health and Human Health and Human Services Department See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection RULES Civil Monetary Penalty Adjustments for Inflation, 13499-13513 2019-06745 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Support Anti-Terrorism by Fostering Effective Technologies Act, 13686-13687 2019-06751 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Data Collection for the HUD Secretary's Awards, 13710-13711 2019-06761 Manufactured Home Construction and Safety Standards Program, 13694-13695 2019-06762 Removal of Obsolete and Superseded Guidance Documents, 13695-13709 2019-06757 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service RULES Determination of Adjusted Applicable Federal Rates Under Section 1288 and the Adjusted Federal Long-term Rate Under Section 382; CFR Correction, 13520 2019-06831 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13787-13788 2019-06629 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain New Pneumatic Off-the-Road Tires from the People's Republic of China, 13633-13634 2019-06702 Refillable Stainless Steel Kegs from the People's Republic of China, 13634-13637 2019-06703 Seamless Refined Copper Pipe and Tube from Mexico, 13632-13633 2019-06706 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Data Transmission Devices, Components Thereof, Associated Software, and Products Containing the Same, 13717-13718 2019-06725 Justice Department Justice Department RULES Civil Monetary Penalties Inflation Adjustment, 13520-13525 2019-06732 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: The National Instant Criminal Background Check System Voluntary Appeal File Brochure and the Online Application Process, 13718-13719 2019-06743 Labor Department Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Veterans Employment and Training Service Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Termination of a Resource Management Plan for the Redding and Arcata Field Offices, CA, 13712 2019-06744 Proposed Reinstatement of Terminated Oil and Gas Lease: Wyoming, 13711-13712 2019-06741 2019-06753 NASA National Aeronautics and Space Administration NOTICES Environmental Impact Statements; Availability, etc.: Soil Cleanup Activities at the Santa Susana Field Laboratory, 13725-13726 2019-06332 Meetings: Aerospace Safety Advisory Panel, 13724-13725 2019-06729 National Institute National Institute of Standards and Technology NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Malcolm Baldrige National Quality Award Application, 13637-13638 2019-06649 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: A Generic Submission for Formative Research, Pretesting and Customer Satisfaction of NCI's Communication and Education Resources, 13670-13671 2019-06735 Charter Renewal: Center for Scientific Review Advisory Council, 13670 2019-06615 Meetings: National Institute of Neurological Disorders and Stroke, 13671-13672 2019-06736 2019-06737 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Taking of Marine Mammals, 13604-13624 2019-06337 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13638 2019-06648 Hearing: Proposed Waiver and Regulations Governing the Taking of Marine Mammals, 13639-13643 2019-06336 Permit Application: Marine Mammals; File No. 19108, 13638-13639 2019-06628 National Park National Park Service NOTICES Meetings: Native American Graves Protection and Repatriation Review Committee, 13712-13713 2019-06646 National Register of Historic Places: Pending Nominations and Related Actions, 13713-13717 2019-06675 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 13726 2019-06812 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings: Advisory Committee on Reactor Safeguards Subcommittee on Digital Instrumentation and Control Systems, 13726-13727 2019-06666 Advisory Committee on Reactor Safeguards Subcommittee on NuScale, 13727-13728 2019-06665 Advisory Committee on Reactor Safeguards Subcommittee on Planning and Procedures, 13727 2019-06664 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 13728 2019-06619 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: World Autism Awareness Day (Proc. 9858), 13791-13794 2019-06953 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13728-13729, 13734-13736 2019-06678 2019-06679 2019-06680 2019-06681 2019-06682 2019-06683 Self-Regulatory Organizations; Proposed Rule Changes: Cboe EDGX Exchange, Inc., 13729-13734 2019-06720 Small Business Small Business Administration NOTICES Major Disaster Declaration: Cahuilla Band of Indians, 13736-13737 2019-06669 Nebraska, 13737 2019-06670 Texas, 13737 2019-06671 Surrender of License of Small Business Investment Company, 13737 2019-06728 State Department State Department NOTICES Meetings: Space Enterprise Summit, 13737-13738 2019-06726 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemption: New Hampshire Department of Transportation; Between Littleton, NH, and Bethlehem, NH, 13738-13739 2019-06748 Change in Operator Exemption Assigning Union Pacific Railroad Company Lease with Interchange Commitment: CWW, LLC; Palouse River and Coulee City Railroad, L.L.C., 13738 2019-06755 Transportation Department Transportation Department See Federal Aviation Administration Security Transportation Security Administration RULES Civil Monetary Penalty Adjustments for Inflation, 13499-13513 2019-06745 Treasury Treasury Department See Community Development Financial Institutions Fund See Comptroller of the Currency See Internal Revenue Service See United States Mint NOTICES Interest Rate Paid on Cash Deposited To Secure U.S. Immigration and Customs Enforcement Immigration Bonds, 13788 2019-06742 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Request for Fee Waiver, 13687-13688 2019-06657 Extension of the Designation of South Sudan for Temporary Protected Status, 13688-13694 2019-06746 Customs U.S. Customs and Border Protection RULES Civil Monetary Penalty Adjustments for Inflation, 13499-13513 2019-06745 U.S. Mint United States Mint NOTICES Request for Applications: Citizens Coinage Advisory Committee, 13788-13789 2019-06616 Veteran Affairs Veterans Affairs Department PROPOSED RULES Veterans Community Care Program: Organ and Bone Marrow Transplant Care, 13576-13582 2019-06730 NOTICES Meetings: Veterans' Advisory Committee on Education, 13789 2019-06676 Veterans Employment Veterans Employment and Training Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13723-13724 2019-06659 Meetings: Advisory Committee on Veterans' Employment, Training and Employer Outreach, 13723 2019-06658 Separate Parts In This Issue Part II Presidential Documents, 13791-13794 2019-06953 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. 84 66 Friday, April 5, 2019 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY 6 CFR Part 27 8 CFR Parts 270, 274a, and 280 U.S. Customs and Border Protection 19 CFR Part 4 Coast Guard 33 CFR Part 27 Transportation Security Administration 49 CFR Part 1503 RIN 1601-AA80 Civil Monetary Penalty Adjustments for Inflation AGENCY: Department of Homeland Security. ACTION: Final rule. SUMMARY: In this final rule, the Department of Homeland Security
(DHS)is making the 2019 annual inflation adjustment to its civil monetary penalties. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) was signed into law on November 2, 2015. Pursuant to the 2015 Act, all agencies must adjust civil monetary penalties annually and publish the adjustment in the **Federal Register** . Accordingly, this final rule adjusts DHS's civil monetary penalties for 2019 pursuant to the 2015 Act and OMB guidance. The new penalties will be effective for penalties assessed after April 5, 2019 whose associated violations occurred after November 2, 2015. DATES: This rule is effective on April 5, 2019. FOR FURTHER INFORMATION CONTACT: Megan Westmoreland, Attorney-Advisor, Office of the General Counsel, U.S. Department of Homeland Security. Phone: 202-447-4384. SUPPLEMENTARY INFORMATION: Table of Contents I. Statutory and Regulatory Background II. Overview of Final Rule III. Adjustments by Component A. Cybersecurity and Infrastructure Security Agency B. U.S. Customs and Border Protection C. U.S. Immigration and Customs Enforcement D. U.S. Coast Guard E. Transportation Security Administration IV. Administrative Procedure Act V. Regulatory Analyses A. Executive Orders 12866 and 13563 B. Regulatory Flexibility Act C. Unfunded Mandates Reform Act D. Paperwork Reduction Act VI. Signing Authority I. Statutory and Regulatory Background On November 2, 2015, the President signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Pub. L. 114-74 section 701 (Nov. 2, 2015)) (2015 Act). 1 The 2015 Act amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note) to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. The 2015 Act required agencies to:
(1)Adjust the level of civil monetary penalties with an initial “catch-up” adjustment through issuance of an Interim Final Rule
(IFR)and
(2)make subsequent annual adjustments for inflation. Through the “catch-up” adjustment, agencies were required to adjust the maximum amounts of civil monetary penalties to more accurately reflect inflation rates. 1 The 2015 Act was enacted as part of the Bipartisan Budget Act of 2015, Public Law 114-74 (Nov. 2, 2015). For the subsequent annual adjustments, the 2015 Act requires agencies to increase the penalty amounts by a cost-of-living adjustment. The 2015 Act directs OMB to provide guidance to agencies each year to assist agencies in making the annual adjustments. The 2015 Act requires agencies to make the annual adjustments no later than January 15 of each year and to publish the adjustments in the **Federal Register** . Pursuant to the 2015 Act, DHS undertook a review of the civil penalties that DHS and its components administer. 2 On July 1, 2016, DHS published an IFR adjusting the maximum civil monetary penalties with an initial “catch-up” adjustment, as required by the 2015 Act. 3 DHS calculated the adjusted penalties based upon nondiscretionary provisions in the 2015 Act and upon guidance that OMB issued to agencies on February 24, 2016. 4 The adjusted penalties were effective for civil penalties assessed after August 1, 2016 (the effective date of the IFR) whose associated violations occurred after November 2, 2015 (the date of enactment of the 2015 Act). On January 27, 2017, DHS published a final rule finalizing the IFR and making the annual adjustment for 2017. 5 DHS made the 2018 annual inflation adjustment on April 2, 2018. 6 2 The 2015 Act applies to all agency civil penalties except for any penalty (including any addition to tax and additional amount) under the Internal Revenue Code of 1986 (26 U.S.C. 1 *et seq.* ) and the Tariff Act of 1930 (19 U.S.C. 1202 *et seq.* ). See sec. 4(a)(1) of the 2015 Act. In the case of DHS, several civil penalties that are assessed by U.S. Customs and Border Protection
(CBP)and the U.S. Coast Guard fall under the Tariff Act of 1930, and thus DHS did not adjust those civil penalties in this rulemaking. 3 *See* 81 FR 42987. 4 OMB, Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Table A, 24 February 2016. *https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2016/m-16-06.pdf* (last accessed Dec. 5, 2017). 5 *See* 82 FR 8572. 6 *See* 83 FR 13826. II. Overview of the Final Rule This final rule makes the 2019 annual inflation adjustments to civil monetary penalties pursuant to the 2015 Act and pursuant to guidance OMB issued to agencies on December 14, 2018. 7 The penalty amounts in this final rule will be effective for penalties assessed after April 5, 2019 where the associated violation occurred after November 2, 2015. Consistent with OMB guidance, the 2015 Act does not change previously assessed penalties that the agency is actively collecting or has collected. 7 OMB Memorandum M-19-04, Implementation of Penalty Inflation Adjustments for 2019, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Dec. 14, 2018. Available at *https://www.whitehouse.gov/wp-content/uploads/2017/11/m_19_04.pdf.* The adjusted penalty amounts will apply to penalties assessed after the effective date of this final rule. We discuss civil penalties by DHS component in Section III below. For each component identified in Section III, below, we briefly describe the relevant civil penalty (or penalties), and we provide a table showing the increase in the penalties for 2019. In the table for each component, we show
(1)the penalty name,
(2)the penalty statutory and/or regulatory citation,
(3)the penalty amount as adjusted in the 2017 final rule,
(4)the cost-of-living adjustment multiplier for 2019 that OMB provided in its December 14, 2018 guidance, and
(5)the new 2019 adjusted penalty. The 2015 Act instructs agencies to round penalties to the nearest $1. For a more complete discussion of the method used for calculating the initial “catch-up” inflation adjustments and a component-by-component breakdown to the nature of the civil penalties and relevant legal authorities, please see the IFR preamble at 81 FR 42987-43000. III. Adjustments by Component In the following sections, we briefly describe the civil penalties that DHS and its components assess. We include tables at the end of each section, which list the individual adjustments for each penalty. A. Cybersecurity and Infrastructure Security Agency The Cybersecurity and Infrastructure Security Agency
(CISA)(formerly the National Protection and Programs Directorate (NPPD)) 8 administers only one civil penalty that the 2015 Act affects. That penalty assesses fines for violations of the Chemical Facility Anti-Terrorism Standards (CFATS). CFATS is a program that regulates the security of chemical facilities that, in the discretion of the Secretary, present high levels of security risk. DHS established the CFATS program in 2007 pursuant to section 550 of the Department of Homeland Security Appropriations Act of 2007 (Pub. L. 109-295). 9 The CFATS regulation is located in part 27 of title 6 of the Code of Federal Regulations (CFR). Below is a table showing the 2019 adjustment for the CFATS penalty that CISA administers. 8 On November 16, 2018, the Cybersecurity and Infrastructure Security Agency Act of 2018 (Pub. L. 115-278), was enacted to redesignate NPPD as CISA. Henceforth, CISA is the DHS operational component responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs. 9 Section 550 has since been superseded by the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014 (Pub. L. 113-254). The new legislation codified the statutory authority for the CFATS program within Title XXI of the Homeland Security Act of 2002, as amended. *See* 6 U.S.C. 621 *et seq.* Public Law 113-254 authorized the CFATS program from January 18, 2015 to January 17, 2019. The Chemical Facility Anti-Terrorism Standards Program Extension Act (Pub. L. 116-2) extends the CFATS program authorization to April 17, 2020. DHS is adding these citations to the authority citation for part 27 of title 6 of the Code of Federal Regulations. Table 1—CFATS Civil Penalty Adjustment Penalty name Citation Penalty amount as adjusted in the 2018 FR Multiplier * New penalty as adjusted by this final rule Penalty for non-compliance with CFATS regulations 6 U.S.C. 624(b)(1); 6 CFR 27.300(b)(3) $34,013 per day 1.02522 $34,871 * OMB Memorandum M-19-04, Implementation of Penalty Inflation Adjustments for 2019, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Dec. 14, 2018. *https://www.whitehouse.gov/wp-content/uploads/2017/11/m_19_04.pdf.* B. U.S. Customs and Border Protection U.S. Customs and Border Protection
(CBP)assesses civil monetary penalties under various titles of the United States Code and the CFR. These include penalties for certain violations of title 8 of the CFR regarding the Immigration and Nationality Act of 1952 (Pub. L. 82-414, as amended) (INA). The INA contains provisions that impose penalties on persons, including carriers and aliens, who violate specified provisions of the INA. The relevant penalty provisions are located in numerous sections of the INA, however CBP has enumerated these penalties in regulation in one location—8 CFR 280.53. For a complete list of the INA sections for which penalties are assessed, in addition to a brief description of each violation, see the IFR preamble at 81 FR 42989-42990. On December 8, 2017, CBP adjusted three non-INA penalties inadvertently left out of the IFR and 2017 final rule. 10 The three penalties concerned the following violations: Transporting passengers between coastwise points in the United States by a non-coastwise qualified vessel; towing a vessel between coastwise points in the United States by a non-coastwise qualified vessel; and dealing in or using an empty stamped imported liquor container after it has already been used once. On December 28, 2018, CBP adjusted two additional non-INA penalties inadvertently left out of the IFR and 2018 final rule. 11 The two penalties concern the following violations: Transporting passengers coastwise for hire by certain vessels (known as Bowaters vessels) that do not meet specified conditions; and employing a vessel in a trade without a required Certificate of Documentation. This final rule incorporates these penalties, in addition to the other CBP penalties, and adjusts them according to the 2019 multiplier. 10 *See* 82 FR 57821. 11 *See* 83 FR 67069. Below is a table showing the 2019 adjustment for the penalties that CBP administers. Table 2—U.S. Customs and Border Protection Civil Penalties Adjustments Penalty name Citation Penalty amount as adjusted in the 2018 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)) $1,360 1.02522 $1,394. 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) 3,695 1.02522 3,788. Penalties for failure to depart voluntarily 8 U.S.C. 1229c(d); 8 CFR 280.53(b)(3) (INA section 240B(d)) 1,558-7,791 1.02522 1,597-7,987. 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)) 3,116 1.02522 3,195. Penalties for failure to remove alien stowaways under section 241(d)(2) of the INA 8 U.S.C. 1253(c)(1)(B); 8 CFR 280.53(b)(5) (INA section 243(c)(1)(B)) 7,791 1.02522 7,987. 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)) 369 for each alien 1.02522 378. 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)) 9,239 1.02522 9,472. 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)) 924-5,543 1.02522 947-5,683. 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) 1,848 1.02522 1,895. Penalties for discharge of alien crewmen 8 U.S.C. 1286; 8 CFR 280.53(b)(9) (INA section 256) 2,771-5,543 1.02522 2,841-5,683. Penalties for bringing into the United States alien crewmen with intent to evade immigration laws 8 U.S.C. 1287; 8 CFR 280.53(b)(10); (INA section 257) 18,477 1.02522 18,943. 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)) 5,543 1.02522 5,683. 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)) 5,543 1.02522 5,683. 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)) 5,543 1.02522 5,683. Penalties for failure to depart 8 U.S.C. 1324d; 8 CFR 280.53(b)(14) (INA section 274D) 779 1.02522 799. Penalties for improper entry 8 U.S.C. 1325(b); 8 CFR 280.53(b)(15) (INA section 275(b)) 78-390 1.02522 80-400. Penalty for dealing in or using empty stamped imported liquor containers 19 U.S.C. 469 518 1.02522 *** 531. Penalty for employing a vessel in a trade without a required Certificate of Documentation ** 19 U.S.C. 1706a; 19 CFR 4.80(i) 1296 1.02522 1329. 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) 518 1.02522 *** 531. 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) 778 1.02522 798. 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 4.92 907-2852, plus 155 per ton 1.02522 930-2,924, plus 159 per ton. * OMB Memorandum M-19-04, Implementation of Penalty Inflation Adjustments for 2019, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Dec. 14, 2018. *https://www.whitehouse.gov/wp-content/uploads/2017/11/m_19_04.pdf.* ** Adjustments made in the December 28, 2018 final rule, 83 FR 67069. *** No applicable conforming edit to regulatory text. C. U.S. Immigration and Customs Enforcement U.S. Immigration and Customs Enforcement
(ICE)assesses civil monetary penalties for certain employment-related violations arising from the INA. ICE's civil penalties are located in title 8 of the CFR. There are three different sections in the INA that impose civil monetary penalties for violations of the laws that relate to employment actions: Sections 274A, 274B, and 274C. ICE has primary enforcement responsibilities for two of these civil penalty provisions (sections 274A and 274C), and the Department of Justice
(DOJ)has enforcement responsibilities for one of these civil penalty provisions (section 274B). The INA, in sections 274A and 274C, provides for imposition of civil penalties for various specified unlawful acts pertaining to the employment eligibility verification process (Form I-9, Employment Eligibility Verification), the employment of unauthorized aliens, and document fraud. Because both DHS and DOJ implement the three employment-related penalty sections in the INA, both Departments' implementing regulations reflect the civil penalty amounts. For a complete description of the civil money penalties assessed and a discussion of DHS's and DOJ's efforts to update the penalties in years past, see the IFR preamble at 81 FR 42991. Below is a table showing the 2019 adjustment for the penalties that ICE administers. 12 12 Table 3 also includes two civil penalties that are also listed as penalties administered by CBP. These are penalties for failure to depart voluntarily, INA section 240B(d), and failure to depart after a final order of removal, INA section 274D. Both CBP and ICE may administer these penalties, but as ICE is the DHS component primarily responsible for assessing and collecting them, they are also listed among the penalties ICE administers. Table 3—U.S. Immigration and Customs Enforcement Civil Penalties Adjustments Penalty name Citation Penalty amount as adjusted in the 2018 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) $1,558-$7,791 1.02522 $1,597-$7,987 Civil penalties for violation of INA sections 274C(a)(1)-(a)(4), penalty for first offense 8 CFR 270.3(b)(1)(ii)(A) 461-3,695 1.02522 473-3,788 Civil penalties for violation of INA sections 274C(a)(5)-(a)(6), penalty for first offense 8 CFR 270.3(b)(1)(ii)(B) 390-3,116 1.02522 400-3,195 Civil penalties for violation of INA sections 274C(a)(1)-(a)(4), penalty for subsequent offenses 8 CFR 270.3(b)(1)(ii)(C) 3,695-9,239 1.02522 3,788-9,472 Civil penalties for violation of INA sections 274C(a)(5)-(a)(6), penalty for subsequent offenses 8 CFR 270.3(b)(1)(ii)(D) 3,116-7,791 1.02522 3,195-7,987 Violation/prohibition of indemnity bonds 8 CFR 274a.8(b) 2,236 1.02522 2,292 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) 559-4,473 1.02522 573-4,586 Penalty for second offense (per unauthorized alien) 8 CFR 274a.10(b)(1)(ii)(B) 4,473-11,181 1.02522 4,586-11,463 Penalty for third or subsequent offense (per unauthorized alien) 8 CFR 274a.10(b)(1)(ii)(C) 6,709-22,363 1.02522 6,878-22,927 Civil penalties for I-9 paperwork violations 8 CFR 274a.10(b)(2) 224-2,236 1.02522 230-2,292 Civil penalties for failure to depart, INA section 274D 8 U.S.C. 1324d; 8 CFR 280.53(b)(14) 779 1.02522 13 799 * OMB Memorandum M-19-04, Implementation of Penalty Inflation Adjustments for 2019, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Dec. 14, 2018. *https://www.whitehouse.gov/wp-content/uploads/2017/11/m_19_04.pdf.* 13 As written prior to this final rule, the regulatory text at 8 CFR 280.53(b)(14) did not make clear that the amount stated is a maximum. The statutory authority for the penalty, 8 U.S.C. 1324d, is clear that the amount reflects a maximum penalty. Thus, consistent with the statutory authority, and to prevent any confusion, DHS is making a technical clarification with this final rule by adding the word “maximum” to paragraph (b)(14). D. U.S. Coast Guard The Coast Guard is authorized to assess close to 150 penalties involving maritime safety and security and environmental stewardship that are critical to the continued success of Coast Guard missions. Various statutes in titles 14, 16, 19, 33, 42, 46, and 49 of the United States Code authorize these penalties. Titles 33 and 46 authorize the vast majority of these penalties as these statutes deal with navigation, navigable waters, and shipping. Beyond titles 33 and 46, the Coast Guard is also authorized to collect civil monetary penalties related to the organization and management of the Coast Guard, aquatic species conservation, obstruction of revenue, and hazardous substances and materials. For a complete discussion of the civil monetary penalties assessed by the Coast Guard, see the IFR preamble at 81 FR 42992. The Coast Guard has identified the penalties it administers, adjusted those penalties for inflation, and is listing those new penalties in a table located in the CFR—specifically, Table 1 in 33 CFR 27.3. Table 1 in 33 CFR 27.3 identifies the statutes that provide the Coast Guard with civil monetary penalty authority and sets out the inflation-adjusted maximum penalty that the Coast Guard may impose pursuant to each statutory provision. Table 1 in 33 CFR 27.3 provides the current maximum penalty for violations that occurred after November 2, 2015. 14 14 The Frank LoBiondo Coast Guard Authorization Act of 2018 re-designated certain existing sections of the United States Code, including 14 U.S.C. 88 (now 14 U.S.C. 521) and 33 U.S.C. 1232 and 1236 (now 46 U.S.C. 70036 and 70041). The revised table reflects those changes to the statutory citations. The applicable civil penalty amounts for violations occurring on or before November 2, 2015 are set forth in previously published regulations amending 33 CFR part 27. To find the applicable penalty amount for a violation that occurred on or before November 2, 2015, look to the prior versions of the CFR that pertain to the date on which the violation occurred. Table 4 below shows the 2019 adjustment for the penalties that the Coast Guard administers. Table 4—U.S. Coast Guard Civil Penalties Adjustments Penalty name Citation Penalty amount as adjusted in the 2018 FR Multiplier * New penalty as adjusted by this final rule Saving Life and Property 14 U.S.C. 521(c) $10,389 1.02522 $10,651 Saving Life and Property; Intentional Interference with Broadcast 14 U.S.C. 521(e) 1,066 1.02522 1,093 Confidentiality of Medical Quality Assurance Records (first offense) 14 U.S.C. 645(i); 33 CFR 27.3 5,218 1.02522 5,350 Confidentiality of Medical Quality Assurance Records (subsequent offenses) 14 U.S.C. 645(i); 33 CFR 27.3 34,791 1.02522 35,668 Aquatic Nuisance Species in Waters of the United States 16 U.S.C. 4711(g)(1); 33 CFR 27.3 38,954 1.02522 39,936 Obstruction of Revenue Officers by Masters of Vessels 19 U.S.C. 70; 33 CFR 27.3 7,779 1.02522 7,975 Obstruction of Revenue Officers by Masters of Vessels—Minimum Penalty 19 U.S.C. 70; 33 CFR 27.3 1,815 1.02522 1,861 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 11,279 1.02522 11,563 Anchorage Ground/Harbor Regulations St. Mary's river 33 U.S.C. 474; 33 CFR 27.3 778 1.02522 798 Bridges/Failure to Comply with Regulations 33 U.S.C. 495(b); 33 CFR 27.3 28,474 1.02522 29,192 Bridges/Drawbridges 33 U.S.C. 499(c); 33 CFR 27.3 28,474 1.02522 29,192 Bridges/Failure to Alter Bridge Obstructing Navigation 33 U.S.C. 502(c); 33 CFR 27.3 28,474 1.02522 29,192 Bridges/Maintenance and Operation 33 U.S.C. 533(b); 33 CFR 27.3 28,474 1.02522 29,192 Bridge to Bridge Communication; Master, Person in Charge or Pilot 33 U.S.C. 1208(a); 33 CFR 27.3 2,074 1.02522 2,126 Bridge to Bridge Communication; Vessel 33 U.S.C. 1208(b); 33 CFR 27.3 2,074 1.02522 2,126 Oil/Hazardous Substances: Discharges (Class I per violation) 33 U.S.C. 1321(b)(6)(B)(i); 33 CFR 27.3 18,477 1.02522 18,943 Oil/Hazardous Substances: Discharges (Class I total under paragraph) 33 U.S.C. 1321(b)(6)(B)(i); 33 CFR 27.3 46,192 1.02522 47,357 Oil/Hazardous Substances: Discharges (Class II per day of violation) 33 U.S.C. 1321(b)(6)(B)(ii); 33 CFR 27.3 18,477 1.02522 18,943 Oil/Hazardous Substances: Discharges (Class II total under paragraph) 33 U.S.C. 1321(b)(6)(B)(ii); 33 CFR 27.3 230,958 1.02522 236,783 Oil/Hazardous Substances: Discharges (per day of violation) Judicial Assessment 33 U.S.C. 1321(b)(7)(A); 33 CFR 27.3 46,192 1.02522 47,357 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 1,848 1.02522 1,895 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 46,192 1.02522 47,357 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 46,192 1.02522 47,357 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 5,543 1.02522 5,683 Oil/Hazardous Substances: Discharges, Gross Negligence—Minimum Penalty (Judicial Assessment) 33 U.S.C. 1321(b)(7)(D); 33 CFR 27.3 184,767 1.02522 189,427 Marine Sanitation Devices; Operating 33 U.S.C. 1322(j); 33 CFR 27.3 7,779 1.02522 7,975 Marine Sanitation Devices; Sale or Manufacture 33 U.S.C. 1322(j); 33 CFR 27.3 20,742 1.02522 21,265 International Navigation Rules; Operator 33 U.S.C. 1608(a); 33 CFR 27.3 14,543 1.02522 14,910 International Navigation Rules; Vessel 33 U.S.C. 1608(b); 33 CFR 27.3 14,543 1.02522 14,910 Pollution from Ships; General 33 U.S.C. 1908(b)(1); 33 CFR 27.3 72,718 1.02522 74,552 Pollution from Ships; False Statement 33 U.S.C. 1908(b)(2); 33 CFR 27.3 14,543 1.02522 14,910 Inland Navigation Rules; Operator 33 U.S.C. 2072(a); 33 CFR 27.3 14,543 1.02522 14,910 Inland Navigation Rules; Vessel 33 U.S.C. 2072(b); 33 CFR 27.3 14,543 1.02522 14,910 Shore Protection; General 33 U.S.C. 2609(a); 33 CFR 27.3 51,302 1.02522 52,596 Shore Protection; Operating Without Permit 33 U.S.C. 2609(b); 33 CFR 27.3 20,521 1.02522 21,039 Oil Pollution Liability and Compensation 33 U.S.C. 2716a(a); 33 CFR 27.3 46,192 1.02522 47,357 Clean Hulls 33 U.S.C. 3852(a)(1)(A); 33 CFR 27.3 42,292 1.02522 43,359 Clean Hulls-related to false statements 33 U.S.C. 3852(a)(1)(A); 33 CFR 27.3 56,391 1.02522 57,813 Clean Hulls—Recreational Vessel 33 U.S.C. 3852(c); 33 CFR 27.3 5,639 1.02522 5,781 Hazardous Substances, Releases, Liability, Compensation (Class I) 42 U.S.C. 9609(a); 33 CFR 27.3 55,907 1.02522 57,317 Hazardous Substances, Releases, Liability, Compensation (Class II) 42 U.S.C. 9609(b); 33 CFR 27.3 55,907 1.02522 57,317 Hazardous Substances, Releases, Liability, Compensation (Class II subsequent offense) 42 U.S.C. 9609(b); 33 CFR 27.3 167,722 1.02522 171,952 Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment) 42 U.S.C. 9609(c); 33 CFR 27.3 55,907 1.02522 57,317 Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment subsequent offense) 42 U.S.C. 9609(c); 33 CFR 27.3 167,722 1.02522 171,952 Safe Containers for International Cargo 46 U.S.C. App 1505(a)(2) (codified as 46 U.S.C. 80509); 33 CFR 27.3 6,111 1.02522 6,265 Suspension of Passenger Service 46 U.S.C. App 1805(c)(2) (codified 46 U.S.C. 70305); 33 CFR 27.3 61,115 1.02522 62,656 Vessel Inspection or Examination Fees 46 U.S.C. 2110(e); 33 CFR 27.3 9,239 1.02522 9,472 Alcohol and Dangerous Drug Testing 46 U.S.C. 2115; 33 CFR 27.3 7,520 1.02522 7,710 Negligent Operations: Recreational Vessels 46 U.S.C. 2302(a); 33 CFR 27.3 6,802 1.02522 6,974 Negligent Operations: Other Vessels 46 U.S.C. 2302(a); 33 CFR 27.3 34,013 1.02522 34,871 Operating a Vessel While Under the Influence of Alcohol or a Dangerous Drug 46 U.S.C. 2302(c)(1); 33 CFR 27.3 7,520 1.02522 7,710 Vessel Reporting Requirements: Owner, Charterer, Managing Operator, or Agent 46 U.S.C. 2306(a)(4); 33 CFR 27.3 11,712 1.02522 12,007 Vessel Reporting Requirements: Master 46 U.S.C. 2306(b)(2); 33 CFR 27.3 2,343 1.02522 2,402 Immersion Suits 46 U.S.C. 3102(c)(1); 33 CFR 27.3 11,712 1.02522 12,007 Inspection Permit 46 U.S.C. 3302(i)(5); 33 CFR 27.3 2,443 1.02522 2,505 Vessel Inspection; General 46 U.S.C. 3318(a); 33 CFR 27.3 11,712 1.02522 12,007 Vessel Inspection; Nautical School Vessel 46 U.S.C. 3318(g); 33 CFR 27.3 11,712 1.02522 12,007 Vessel Inspection; Failure to Give Notice IAW 3304(b) 46 U.S.C. 3318(h); 33 CFR 27.3 2,343 1.02522 2,402 Vessel Inspection; Failure to Give Notice IAW 3309(c) 46 U.S.C. 3318(i); 33 CFR 27.3 2,343 1.02522 2,402 Vessel Inspection; Vessel ≥1,600 Gross Tons 46 U.S.C. 3318(j)(1); 33 CFR 27.3 23,426 1.02522 24,017 Vessel Inspection; Vessel <1,600 Gross Tons 46 U.S.C. 3318(j)(1); 33 CFR 27.3 4,685 1.02522 4,803 Vessel Inspection; Failure to Comply with 3311(b) 46 U.S.C. 3318(k); 33 CFR 27.3 23,426 1.02522 24,017 Vessel Inspection; Violation of 3318(b)-3318(f) 46 U.S.C. 3318(l); 33 CFR 27.3 11,712 1.02522 12,007 List/count of Passengers 46 U.S.C. 3502(e); 33 CFR 27.3 244 1.02522 250 Notification to Passengers 46 U.S.C. 3504(c); 33 CFR 27.3 24,421 1.02522 25,037 Notification to Passengers; Sale of Tickets 46 U.S.C. 3504(c); 33 CFR 27.3 1,220 1.02522 1,251 Copies of Laws on Passenger Vessels; Master 46 U.S.C. 3506; 33 CFR 27.3 489 1.02522 501 Liquid Bulk/Dangerous Cargo 46 U.S.C. 3718(a)(1); 33 CFR 27.3 61,055 1.02522 62,595 Uninspected Vessels 46 U.S.C. 4106; 33 CFR 27.3 10,260 1.02522 10,519 Recreational Vessels (maximum for related series of violations) 46 U.S.C. 4311(b)(1); 33 CFR 27.3 323,027 1.02522 331,174 Recreational Vessels; Violation of 4307(a) 46 U.S.C. 4311(b)(1); 33 CFR 27.3 6,460 1.02522 6,623 Recreational vessels 46 U.S.C. 4311(c); 33 CFR 27.3 2,443 1.02522 2,505 Uninspected Commercial Fishing Industry Vessels 46 U.S.C. 4507; 33 CFR 27.3 10,260 1.02522 10,519 Abandonment of Barges 46 U.S.C. 4703; 33 CFR 27.3 1,739 1.02522 1,783 Load Lines 46 U.S.C. 5116(a); 33 CFR 27.3 11,181 1.02522 11,463 Load Lines; Violation of 5112(a) 46 U.S.C. 5116(b); 33 CFR 27.3 22,363 1.02522 22,927 Load Lines; Violation of 5112(b) 46 U.S.C. 5116(c); 33 CFR 27.3 11,181 1.02522 11,463 Reporting Marine Casualties 46 U.S.C. 6103(a); 33 CFR 27.3 38,954 1.02522 39,936 Reporting Marine Casualties; Violation of 6104 46 U.S.C. 6103(b); 33 CFR 27.3 10,260 1.02522 10,519 Manning of Inspected Vessels; Failure to Report Deficiency in Vessel Complement 46 U.S.C. 8101(e); 33 CFR 27.3 1,848 1.02522 1,895 Manning of Inspected Vessels 46 U.S.C. 8101(f); 33 CFR 27.3 18,477 1.02522 18,943 Manning of Inspected Vessels; Employing or Serving in Capacity not Licensed by USCG 46 U.S.C. 8101(g); 33 CFR 27.3 18,477 1.02522 18,943 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 2,443 1.02522 2,505 Watchmen on Passenger Vessels 46 U.S.C. 8102(a) 2,443 1.02522 2,505 Citizenship Requirements 46 U.S.C. 8103(f) 1,220 1.02522 1,251 Watches on Vessels; Violation of 8104(a) or
(b)46 U.S.C. 8104(i) 18,477 1.02522 18,943 Watches on Vessels; Violation of 8104(c), (d), (e), or
(h)46 U.S.C. 8104(j) 18,477 1.02522 18,943 Staff Department on Vessels 46 U.S.C. 8302(e) 244 1.02522 250 Officer's Competency Certificates 46 U.S.C. 8304(d) 244 1.02522 250 Coastwise Pilotage; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge 46 U.S.C. 8502(e) 18,477 1.02522 18,943 Coastwise Pilotage; Individual 46 U.S.C. 8502(f) 18,477 1.02522 18,943 Federal Pilots 46 U.S.C. 8503 58,562 1.02522 60,039 Merchant Mariners Documents 46 U.S.C. 8701(d) 1,220 1.02522 1,251 Crew Requirements 46 U.S.C. 8702(e) 18,477 1.02522 18,943 Small Vessel Manning 46 U.S.C. 8906 38,954 1.02522 39,936 Pilotage: Great Lakes; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge 46 U.S.C. 9308(a) 18,477 1.02522 18,943 Pilotage: Great Lakes; Individual 46 U.S.C. 9308(b) 18,477 1.02522 18,943 Pilotage: Great Lakes; Violation of 9303 46 U.S.C. 9308(c) 18,477 1.02522 18,943 Failure to Report Sexual Offense 46 U.S.C. 10104(b) 9,819 1.02522 10,067 Pay Advances to Seamen 46 U.S.C. 10314(a)(2) 1,220 1.02522 1,251 Pay Advances to Seamen; Remuneration for Employment 46 U.S.C. 10314(b) 1,220 1.02522 1,251 Allotment to Seamen 46 U.S.C. 10315(c) 1,220 1.02522 1,251 Seamen Protection; General 46 U.S.C. 10321 8,465 1.02522 8,678 Coastwise Voyages: Advances 46 U.S.C. 10505(a)(2) 8,465 1.02522 8,678 Coastwise Voyages: Advances; Remuneration for Employment 46 U.S.C. 10505(b) 8,465 1.02522 8,678 Coastwise Voyages: Seamen Protection; General 46 U.S.C. 10508(b) 8,465 1.02522 8,678 Effects of Deceased Seamen 46 U.S.C. 10711 489 1.02522 501 Complaints of Unfitness 46 U.S.C. 10902(a)(2) 1,220 1.02522 1,251 Proceedings on Examination of Vessel 46 U.S.C. 10903(d) 244 1.02522 250 Permission to Make Complaint 46 U.S.C. 10907(b) 1,220 1.02522 1,251 Accommodations for Seamen 46 U.S.C. 11101(f) 1,220 1.02522 1,251 Medicine Chests on Vessels 46 U.S.C. 11102(b) 1,220 1.02522 1,251 Destitute Seamen 46 U.S.C. 11104(b) 244 1.02522 250 Wages on Discharge 46 U.S.C. 11105(c) 1,220 1.02522 1,251 Log Books; Master Failing to Maintain 46 U.S.C. 11303(a) 489 1.02522 501 Log Books; Master Failing to Make Entry 46 U.S.C. 11303(b) 489 1.02522 501 Log Books; Late Entry 46 U.S.C. 11303(c) 366 1.02522 375 Carrying of Sheath Knives 46 U.S.C. 11506 122 1.02522 125 Vessel Documentation 46 U.S.C. 12151(a)(1) 15,995 1.02522 16,398 Documentation of Vessels—Related to Activities involving mobile offshore drilling units 46 U.S.C. 12151 (a)(2) 26,659 1.02522 27,331 Vessel Documentation; Fishery Endorsement 46 U.S.C. 12151(c) 122,231 1.02522 125,314 Numbering of Undocumented Vessels—Willful violation 46 U.S.C. 12309(a) 12,211 1.02522 12,519 Numbering of Undocumented Vessels 46 U.S.C. 12309(b) 2,443 1.02522 2,505 Vessel Identification System 46 U.S.C. 12507(b) 20,521 1.02522 21,039 Measurement of Vessels 46 U.S.C. 14701 44,727 1.02522 45,855 Measurement; False Statements 46 U.S.C. 14702 44,727 1.02522 45,855 Commercial Instruments and Maritime Liens 46 U.S.C. 31309 20,521 1.02522 21,039 Commercial Instruments and Maritime Liens; Mortgagor 46 U.S.C. 31330(a)(2) 20,521 1.02522 21,039 Commercial Instruments and Maritime Liens; Violation of 31329 46 U.S.C. 31330(b)(2) 51,302 1.02522 52,596 Ports and Waterway Safety Regulations 46 U.S.C. 70036(a); 33 CFR 27.3 91,901 1.02522 94,219 Vessel Navigation: Regattas or Marine Parades; Unlicensed Person in Charge 46 U.S.C. 70041(d)(1)(B); 33 CFR 27.3 9,239 1.02522 9,472 Vessel Navigation: Regattas or Marine Parades; Owner Onboard Vessel 46 U.S.C. 70041(d)(1)(C); 33 CFR 27.3 9,239 1.02522 9,472 Vessel Navigation: Regattas or Marine Parades; Other Persons 46 U.S.C. 70041(d)(1)(D); 33 CFR 27.3 4,619 1.02522 4,735 Port Security 46 U.S.C. 70119(a) 34,013 1.02522 34,871 Port Security—Continuing Violations 46 U.S.C. 70119(b) 61,115 1.02522 62,656 Maritime Drug Law Enforcement 46 U.S.C. 70506(c) 5,639 1.02522 5,781 Hazardous Materials: Related to Vessels 49 U.S.C. 5123(a)(1) 79,976 1.02522 81,993 Hazardous Materials: Related to Vessels—Penalty from Fatalities, Serious Injuries/Illness or substantial Damage to Property 49 U.S.C. 5123(a)(2) 186,610 1.02522 191,316 Hazardous Materials: Related to Vessels; Training 49 U.S.C. 5123(a)(3) 481 1.02522 493 * OMB Memorandum M-19-04, Implementation of Penalty Inflation Adjustments for 2019, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Dec. 14, 2018. *https://www.whitehouse.gov/wp-content/uploads/2017/11/m_19_04.pdf.* ** Enacted under the Tariff Act; exempt from inflation adjustments. E. Transportation Security Administration The Transportation Security Administration
(TSA)is updating its civil penalties regulation in accordance with the 2015 Act. Pursuant to its statutory authority in 49 U.S.C. 46301(a)(1), (4), (5), 49 U.S.C. 46301(d)(8), and 49 U.S.C. 114(v), 15 TSA may impose penalties for violations of any statute that TSA administers, whether an implementing regulation or order imposes the penalty. TSA assesses these penalties for a wide variety of aviation and surface security requirements, including violations of TSA's requirements applicable to Transportation Worker Identification Credentials (TWIC), 16 as well as violations of requirements described in chapter 449 of title 49 of the United States Code. These penalties can apply to a wide variety of situations, as described in the statutory and regulatory provisions, as well as in guidance that TSA publishes. Below is a table showing the 2019 adjustment for the penalties that TSA administers. 15 As amended by sec. 1302 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Pub. L. 110-53, 121 Stat. 266 (Aug. 3, 2007)). 16 *See, e.g.,* 46 U.S.C. 70105, 49 U.S.C. 46302 and 46303, and 49 U.S.C. chapter 449. Table 5—Transportation Security Administration Civil Penalties Adjustments Penalty name Citation Penalty amount as adjusted in the 2018 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); 49 U.S.C. 46301(d)(8); 49 CFR 1503.401(c)(3) $33,333 (up to a total of $533,324 per civil penalty action) 1.02522 $34,174 (up to a total of $546,774 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). $13,333 (up to a total of $66,666 total for small businesses, $533,324 for others) 1.02522 $13,669 (up to a total of $68,347 total for small business, $546,774 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). $11,410 (up to a total of $57,051 total for small businesses, $456,409 for others) 1.02522 $11,698 (up to a total of $58,490 total for small businesses, $467,920 for others). * OMB Memorandum M-19-04, Implementation of Penalty Inflation Adjustments for 2019, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Dec. 14, 2018. *https://www.whitehouse.gov/wp-content/uploads/2017/11/m_19_04.pdf.* IV. Administrative Procedure Act DHS is promulgating this final rule to ensure that the amount of civil penalties that DHS assesses or enforces reflects the statutorily mandated ranges as adjusted for inflation. The 2015 Act provides a clear formula for adjustment of the civil penalties, leaving DHS and its components with little room for discretion. DHS and its components have been charged only with performing ministerial computations to determine the amounts of adjustments for inflation to civil monetary penalties. In these annual adjustments DHS is merely updating the penalty amounts by applying the cost-of-living adjustment multiplier that OMB has provided to agencies. Furthermore, the 2015 Act specifically instructed that agencies make the required annual adjustments notwithstanding section 553 of title 5 of the United States Code. Thus, as specified in the 2015 Act, the prior public notice-and-comment procedures and delayed effective date requirements of the Administrative Procedure Act
(APA)do not apply to this rule. Further, as described above, this rule also makes to minor amendments to the regulations to reflect clear statutory authority, and DHS finds that prior notice and comment procedures for these amendments are unnecessary. V. Regulatory Analyses A. Executive Orders 12866 and 13563 Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. OMB has not designated this final rule a “significant regulatory action” under section 3(f) of Executive Order 12866. Accordingly, OMB has not reviewed this rule. This final rule makes nondiscretionary adjustments to existing civil monetary penalties in accordance with the 2015 Act and OMB guidance. 17 DHS therefore did not consider alternatives and does not have the flexibility to alter the adjustments of the civil monetary penalty amounts as provided in this rule. To the extent this final rule increases civil monetary penalties, it would result in an increase in transfers from persons or entities assessed a civil monetary penalty to the government. 17 OMB Memorandum M-19-04, Implementation of Penalty Inflation Adjustments for 2019, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Dec. 14, 2018. *https://www.whitehouse.gov/wp-content/uploads/2017/11/m_19_04.pdf.* B. Regulatory Flexibility Act The Regulatory Flexibility Act applies only to rules for which an agency publishes a notice of proposed rulemaking pursuant to 5 U.S.C. 553(b). See 5 U.S.C. 601-612. The Regulatory Flexibility Act does not apply to this final rule, because a notice of proposed rulemaking was not required for the reasons stated above. C. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538, requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or Tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. This final rule will not result in such an expenditure. D. Paperwork Reduction Act The provisions of the Paperwork Reduction Act of 1995, 44 U.S.C. chapter 35, and its implementing regulations, 5 CFR part 1320, do not apply to this final rule, because this final rule does not trigger any new or revised recordkeeping or reporting. VI. Signing Authority The amendments to 19 CFR part 4 in this document are issued in accordance with 19 CFR 0.2(a), which provides that the authority of the Secretary of the Treasury with respect to CBP regulations that are not related to customs revenue functions was transferred to the Secretary of Homeland Security pursuant to Section 403(l) of the Homeland Security Act of 2002. Accordingly, this final rule to amend 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 is revised to read as follows: Authority: 6 U.S.C. 624; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 114-74, 129 Stat. 599; Pub. L. 113-254, 128 Stat. 2898, as amended by Pub. L. 116-2, 133 Stat. 5. 2. In § 27.300, revise paragraph (b)(3) to read as follows: § 27.300 Orders.
(b)* * *
(3)Where the Assistant Secretary determines that a facility is in violation of an Order issued pursuant to paragraph
(a)of this section and issues an Order Assessing Civil Penalty pursuant to paragraph (b)(1) of this section, a chemical facility is liable to the United States for a civil penalty of not more than $25,000 for each day during which the violation continues, if the violation of the Order occurred on or before November 2, 2015, or $34,871 for each day during which the violation of the Order continues, if the violation occurred after November 2, 2015. Title 8—Aliens and Nationality PART 270—PENALTIES FOR DOCUMENT FRAUD 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 $473 and not exceeding $3,788 for each fraudulent document or each proscribed activity described in section 274C(a)(1) through (a)(4) of the Act after November 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 $400 and not exceeding $3,195 for each fraudulent document or each proscribed activity described in section 274C(a)(5) or (a)(6) of the Act after November 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 $3,788 and not more than $9,472 for each fraudulent document or each proscribed activity described in section 274C(a)(1) through (a)(4) of the Act after November 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 $3,195 and not more than $7,987 for each fraudulent document or each proscribed activity described in section 274C(a)(5) or (a)(6) of the Act after November 2, 2015. PART 274a—CONTROL OF EMPLOYMENT OF ALIENS 5. The authority citation for part 274a continues to read as follows: Authority: 8 U.S.C. 1101, 1103, 1324a; 48 U.S.C. 1806; 8 CFR part 2; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 114-74, 129 Stat. 599. 6. In § 274a.8, revise paragraph
(b)to read as follows: § 274a.8 Prohibition of indemnity bonds.
(b)*Penalty.* Any person or other entity who requires any individual to post a bond or security as stated in this section shall, after notice and opportunity for an administrative hearing in accordance with section 274A(e)(3)(B) of the Act, be subject to a civil monetary penalty of $1,000 for each violation before September 29, 1999, of $1,100 for each violation occurring on or after September 29, 1999 but on or before November 2, 2015, and of $2,292 for each violation occurring after November 2, 2015, and to an administrative order requiring the return to the individual of any amounts received in violation of this section or, if the individual cannot be located, to the general fund of the Treasury. 7. In § 274a.10, revise paragraphs (b)(1)(ii)(A) through
(C)and the first sentence of paragraph (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 $573 and not more than $4,586 for each unauthorized alien with respect to whom the offense occurred occurring after November 2, 2015;
(B)Second offense—not less than $2,200 and not more than $5,500 for each unauthorized alien with respect to whom the second offense occurred before March 27, 2008; not less than $3,200 and not more than $6,500, for each unauthorized alien with respect to whom the second offense occurred on or after March 27, 2008 and on or before November 2, 2015; and not less than $4,586 and not more than $11,463 for each unauthorized alien with respect to whom the second offense occurred after November 2, 2015; or
(C)More than two offenses—not less than $3,300 and not more than $11,000 for each unauthorized alien with respect to whom the third or subsequent offense occurred before March 27, 2008; not less than $4,300 and not exceeding $16,000, for each unauthorized alien with respect to whom the third or subsequent offense occurred on or after March 27, 2008 and on or before November 2, 2015; and not less than $6,878 and not more than $22,927 for each unauthorized alien with respect to whom the third or subsequent offense occurred after November 2, 2015; and
(2)A respondent determined by the Service (if a respondent fails to request a hearing) or by an administrative law judge, to have failed to comply with the employment verification requirements as set forth in § 274a.2(b), shall be subject to a civil penalty in an amount of not less than $100 and not more than $1,000 for each individual with respect to whom such violation occurred before September 29, 1999; not less than $110 and not more than $1,100 for each individual with respect to whom such violation occurred on or after September 29, 1999 and on or before November 2, 2015; and not less than $230 and not more than $2,292 for each individual with respect to whom such violation occurred after November 2, 2015. * * * PART 280—IMPOSITION AND COLLECTION OF FINES 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 $1,360 to $1,394.
(2)Section 234 of the Act, Penalties for non-compliance with landing requirements at designated ports of entry for aircraft transporting aliens: From $3,695 to $3,788.
(3)Section 240B(d) of the Act, Penalties for failure to depart voluntarily: From $1,558 minimum/$7,791 maximum to $1,597 minimum/$7,987 maximum.
(4)Section 243(c)(1)(A) of the Act, Penalties for violations of removal orders relating to aliens transported on vessels or aircraft, under section 241(d) of the Act, or for costs associated with removal under section 241(e) of the Act: From $3,116 to $3,195.
(5)Penalties for failure to remove alien stowaways under section 241(d)(2): From $7,791 to $7,987.
(6)Section 251(d) of the Act, Penalties for failure to report an illegal landing or desertion of alien crewmen, and for each alien not reported on arrival or departure manifest or lists required in accordance with section 251 of the Act: From $369 to $378; and penalties for use of alien crewmen for longshore work in violation of section 251(d) of the Act: From $9,239 to $9,472.
(7)Section 254(a) of the Act, Penalties for failure to control, detain, or remove alien crewmen: From $924 minimum/$5,543 maximum to $947 minimum/$5,683 maximum.
(8)Section 255 of the Act, Penalties for employment on passenger vessels of aliens afflicted with certain disabilities: From $1,848 to $1,895.
(9)Section 256 of the Act, Penalties for discharge of alien crewmen: From $2,771 minimum/$5,543 maximum to $2,841 minimum/$5,683 maximum.
(10)Section 257 of the Act, Penalties for bringing into the United States alien crewmen with intent to evade immigration laws: From $18,477 maximum to $18,943 maximum.
(11)Section 271(a) of the Act, Penalties for failure to prevent the unauthorized landing of aliens: From $5,543 to $5,683.
(12)Section 272(a) of the Act, Penalties for bringing to the United States aliens subject to denial of admission on a health-related ground: From $5,543 to $5,683.
(13)Section 273(b) of the Act, Penalties for bringing to the United States aliens without required documentation: From $5,543 to $5,683.
(14)Section 274D of the Act, Penalties for failure to depart: From $779 maximum to $799 maximum, for each day the alien is in violation.
(15)Section 275(b) of the Act, Penalties for improper entry: From $78 minimum/$390 maximum to $80 minimum/$400 maximum, for each entry or attempted entry. Title 19—Customs Duties PART 4—VESSELS IN FOREIGN AND DOMESTIC TRADES 10. The authority citation for part 4 continues to read in part as follows: Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624, 2071 note; 46 U.S.C. 501, 60105. Sections 4.80, 4.80a, and 4.80b also issued under 19 U.S.C. 1706a; 28 U.S.C. 2461 note; 46 U.S.C. 12112, 12117, 12118, 50501-55106, 55107, 55108, 55110, 55114, 55115, 55116, 55117, 55119, 56101, 55121, 56101, 57109; Pub. L. 108-7, Division B, Title II, § 211; Section 4.92 also issued under 28 U.S.C. 2461 note; 46 U.S.C. 55111; 11. In § 4.80, revise 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 $798 for each passenger so transported and landed after November 2, 2015 (46 U.S.C. 55103, as adjusted by the Federal Civil Penalties Inflation 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 $1329 for each port at which it arrives without the proper Certificate of Documentation after November 2, 2015 (19 U.S.C. 1706a, as adjusted by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015). If such a vessel has on board any foreign merchandise (sea stores excepted), or any domestic taxable alcoholic beverages, on which the duty and taxes have not been paid or secured to be paid, the vessel and its cargo are subject to seizure and forfeiture. 12. In § 4.92, revise the second and third sentences to read as follows: § 4.92 Towing. * * * The penalties for violation of this provision occurring on or before November 2, 2015, are a fine of from $350 to $1,100 against the owner or master of the towing vessel and a further penalty against the towing vessel of $60 per ton of the towed vessel. The penalties for violation of this provision occurring after November 2, 2015, are a fine of from $930 to $2,924 against the owner or master of the towing vessel and a further penalty against the towing vessel of $159 per ton of the towed vessel (46 U.S.C. 55111, as adjusted by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015). Title 33—Navigation and Navigable Waters PART 27—ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION 13. The authority citation for part 27 continues to read as follows: Authority: Secs. 1-6, Pub. L. 101-410, 104 Stat. 890, as amended by Sec. 31001(s)(1), Pub. L. 104-134, 110 Stat. 1321 (28 U.S.C. 2461 note); Department of Homeland Security Delegation No. 0170.1, sec. 2 (106). 14. In § 27.3, revise the third sentence of the introductory text and table 1 to read as follows: § 27.3 Penalty adjustment table. * * * The adjusted civil penalty amounts listed in Table 1 are applicable for penalty assessments issued after April 5, 2019, with respect to violations occurring after November 2, 2015. * * * Table 1—Civil Monetary Penalty Inflation Adjustments U.S. Code citation Civil monetary penalty description 2019 Adjusted maximum penalty amount ($) 14 U.S.C. 521(c) Saving Life and Property $10,651 14 U.S.C. 521(e) Saving Life and Property; Intentional Interference with Broadcast 1,093 14 U.S.C. 645(i) Confidentiality of Medical Quality Assurance Records (first offense) 5,350 14 U.S.C. 645(i) Confidentiality of Medical Quality Assurance Records (subsequent offenses) 35,668 16 U.S.C. 4711(g)(1) Aquatic Nuisance Species in Waters of the United States 39,936 19 U.S.C. 70 Obstruction of Revenue Officers by Masters of Vessels 7,975 19 U.S.C. 70 Obstruction of Revenue Officers by Masters of Vessels—Minimum Penalty 1,861 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 11,563 33 U.S.C. 474 Anchorage Ground/Harbor Regulations St. Mary's River 798 33 U.S.C. 495(b) Bridges/Failure to Comply with Regulations 29,192 33 U.S.C. 499(c) Bridges/Drawbridges 29,192 33 U.S.C. 502(c) Bridges/Failure to Alter Bridge Obstructing Navigation 29,192 33 U.S.C. 533(b) Bridges/Maintenance and Operation 29,192 33 U.S.C. 1208(a) Bridge to Bridge Communication; Master, Person in Charge or Pilot 2,126 33 U.S.C. 1208(b) Bridge to Bridge Communication; Vessel 2,126 33 U.S.C. 1321(b)(6)(B)(i) Oil/Hazardous Substances: Discharges (Class I per violation) 18,943 33 U.S.C. 1321(b)(6)(B)(i) Oil/Hazardous Substances: Discharges (Class I total under paragraph) 47,357 33 U.S.C. 1321(b)(6)(B)(ii) Oil/Hazardous Substances: Discharges (Class II per day of violation) 18,943 33 U.S.C. 1321(b)(6)(B)(ii) Oil/Hazardous Substances: Discharges (Class II total under paragraph) 236,783 33 U.S.C. 1321(b)(7)(A) Oil/Hazardous Substances: Discharges (per day of violation) Judicial Assessment 47,357 33 U.S.C. 1321(b)(7)(A) Oil/Hazardous Substances: Discharges (per barrel of oil or unit discharged) Judicial Assessment 1,895 33 U.S.C. 1321(b)(7)(B) Oil/Hazardous Substances: Failure to Carry Out Removal/Comply With Order (Judicial Assessment) 47,357 33 U.S.C. 1321(b)(7)(C) Oil/Hazardous Substances: Failure to Comply with Regulation Issued Under 1321(j) (Judicial Assessment) 47,357 33 U.S.C. 1321(b)(7)(D) Oil/Hazardous Substances: Discharges, Gross Negligence (per barrel of oil or unit discharged) Judicial Assessment 5,683 33 U.S.C. 1321(b)(7)(D) Oil/Hazardous Substances: Discharges, Gross Negligence—Minimum Penalty (Judicial Assessment) 189,427 33 U.S.C. 1322(j) Marine Sanitation Devices; Operating 7,975 33 U.S.C. 1322(j) Marine Sanitation Devices; Sale or Manufacture 21,265 33 U.S.C. 1608(a) International Navigation Rules; Operator 14,910 33 U.S.C. 1608(b) International Navigation Rules; Vessel 14,910 33 U.S.C. 1908(b)(1) Pollution from Ships; General 74,552 33 U.S.C. 1908(b)(2) Pollution from Ships; False Statement 14,910 33 U.S.C. 2072(a) Inland Navigation Rules; Operator 14,910 33 U.S.C. 2072(b) Inland Navigation Rules; Vessel 14,910 33 U.S.C. 2609(a) Shore Protection; General 52,596 33 U.S.C. 2609(b) Shore Protection; Operating Without Permit 21,039 33 U.S.C. 2716a(a) Oil Pollution Liability and Compensation 47,357 33 U.S.C. 3852(a)(1)(A) Clean Hulls; Civil Enforcement 43,359 33 U.S.C. 3852(a)(1)(A) Clean Hulls; related to false statements 57,813 33 U.S.C. 3852(c) Clean Hulls; Recreational Vessels 5,781 42 U.S.C. 9609(a) Hazardous Substances, Releases, Liability, Compensation (Class I) 57,317 42 U.S.C. 9609(b) Hazardous Substances, Releases, Liability, Compensation (Class II) 57,317 42 U.S.C. 9609(b) Hazardous Substances, Releases, Liability, Compensation (Class II subsequent offense) 171,952 42 U.S.C. 9609(c) Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment) 57,317 42 U.S.C. 9609(c) Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment subsequent offense) 171,952 46 U.S.C. 80509(a) Safe Containers for International Cargo 6,265 46 U.S.C. 70305(c) Suspension of Passenger Service 62,656 46 U.S.C. 2110(e) Vessel Inspection or Examination Fees 9,472 46 U.S.C. 2115 Alcohol and Dangerous Drug Testing 7,710 46 U.S.C. 2302(a) Negligent Operations: Recreational Vessels 6,974 46 U.S.C. 2302(a) Negligent Operations: Other Vessels 34,871 46 U.S.C. 2302(c)(1) Operating a Vessel While Under the Influence of Alcohol or a Dangerous Drug 7,710 46 U.S.C. 2306(a)(4) Vessel Reporting Requirements: Owner, Charterer, Managing Operator, or Agent 12,007 46 U.S.C. 2306(b)(2) Vessel Reporting Requirements: Master 2,402 46 U.S.C. 3102(c)(1) Immersion Suits 12,007 46 U.S.C. 3302(i)(5) Inspection Permit 2,505 46 U.S.C. 3318(a) Vessel Inspection; General 12,007 46 U.S.C. 3318(g) Vessel Inspection; Nautical School Vessel 12,007 46 U.S.C. 3318(h) Vessel Inspection; Failure to Give Notice IAW 3304(b) 2,402 46 U.S.C. 3318(i) Vessel Inspection; Failure to Give Notice IAW 3309(c) 2,402 46 U.S.C. 3318(j)(1) Vessel Inspection; Vessel ≥1,600 Gross Tons 24,017 46 U.S.C. 3318(j)(1) Vessel Inspection; Vessel <1,600 Gross Tons 4,803 46 U.S.C. 3318(k) Vessel Inspection; Failure to Comply with 3311(b) 24,017 46 U.S.C. 3318(l) Vessel Inspection; Violation of 3318(b)-3318(f) 12,007 46 U.S.C. 3502(e) List/count of Passengers 250 46 U.S.C. 3504(c) Notification to Passengers 25,037 46 U.S.C. 3504(c) Notification to Passengers; Sale of Tickets 1,251 46 U.S.C. 3506 Copies of Laws on Passenger Vessels; Master 501 46 U.S.C. 3718(a)(1) Liquid Bulk/Dangerous Cargo 62,595 46 U.S.C. 4106 Uninspected Vessels 10,519 46 U.S.C. 4311(b)(1) Recreational Vessels (maximum for related series of violations) 331,174 46 U.S.C. 4311(b)(1) Recreational Vessels; Violation of 4307(a) 6,623 46 U.S.C. 4311(c) Recreational Vessels 2,505 46 U.S.C. 4507 Uninspected Commercial Fishing Industry Vessels 10,519 46 U.S.C. 4703 Abandonment of Barges 1,783 46 U.S.C. 5116(a) Load Lines 11,463 46 U.S.C. 5116(b) Load Lines; Violation of 5112(a) 22,927 46 U.S.C. 5116(c) Load Lines; Violation of 5112(b) 11,463 46 U.S.C. 6103(a) Reporting Marine Casualties 39,936 46 U.S.C. 6103(b) Reporting Marine Casualties; Violation of 6104 10,519 46 U.S.C. 8101(e) Manning of Inspected Vessels; Failure to Report Deficiency in Vessel Complement 1,895 46 U.S.C. 8101(f) Manning of Inspected Vessels 18,943 46 U.S.C. 8101(g) Manning of Inspected Vessels; Employing or Serving in Capacity not Licensed by USCG 18,943 46 U.S.C. 8101(h) Manning of Inspected Vessels; Freight Vessel <100 GT, Small Passenger Vessel, or Sailing School Vessel 2,505 46 U.S.C. 8102(a) Watchmen on Passenger Vessels 2,505 46 U.S.C. 8103(f) Citizenship Requirements 1,251 46 U.S.C. 8104(i) Watches on Vessels; Violation of 8104(a) or
(b)18,943 46 U.S.C. 8104(j) Watches on Vessels; Violation of 8104(c), (d), (e), or
(h)18,943 46 U.S.C. 8302(e) Staff Department on Vessels 250 46 U.S.C. 8304(d) Officer's Competency Certificates 250 46 U.S.C. 8502(e) Coastwise Pilotage; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge 18,943 46 U.S.C. 8502(f) Coastwise Pilotage; Individual 18,943 46 U.S.C. 8503 Federal Pilots 60,039 46 U.S.C. 8701(d) Merchant Mariners Documents 1,251 46 U.S.C. 8702(e) Crew Requirements 18,943 46 U.S.C. 8906 Small Vessel Manning 39,936 46 U.S.C. 9308(a) Pilotage: Great Lakes; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge 18,943 46 U.S.C. 9308(b) Pilotage: Great Lakes; Individual 18,943 46 U.S.C. 9308(c) Pilotage: Great Lakes; Violation of 9303 18,943 46 U.S.C. 10104(b) Failure to Report Sexual Offense 10,067 46 U.S.C. 10314(a)(2) Pay Advances to Seamen 1,251 46 U.S.C. 10314(b) Pay Advances to Seamen; Remuneration for Employment 1,251 46 U.S.C. 10315(c) Allotment to Seamen 1,251 46 U.S.C. 10321 Seamen Protection; General 8,678 46 U.S.C. 10505(a)(2) Coastwise Voyages: Advances 8,678 46 U.S.C. 10505(b) Coastwise Voyages: Advances; Remuneration for Employment 8,678 46 U.S.C. 10508(b) Coastwise Voyages: Seamen Protection; General 8,678 46 U.S.C. 10711 Effects of Deceased Seamen 501 46 U.S.C. 10902(a)(2) Complaints of Unfitness 1,251 46 U.S.C. 10903(d) Proceedings on Examination of Vessel 250 46 U.S.C. 10907(b) Permission to Make Complaint 1,251 46 U.S.C. 11101(f) Accommodations for Seamen 1,251 46 U.S.C. 11102(b) Medicine Chests on Vessels 1,251 46 U.S.C. 11104(b) Destitute Seamen 250 46 U.S.C. 11105(c) Wages on Discharge 1,251 46 U.S.C. 11303(a) Log Books; Master Failing to Maintain 501 46 U.S.C. 11303(b) Log Books; Master Failing to Make Entry 501 46 U.S.C. 11303(c) Log Books; Late Entry 375 46 U.S.C. 11506 Carrying of Sheath Knives 125 46 U.S.C. 12151(a)(1) Vessel Documentation 16,398 46 U.S.C. 12151(a)(2) Documentation of Vessels- Related to activities involving mobile offshore drilling units 27,331 46 U.S.C. 12151(c) Vessel Documentation; Fishery Endorsement 125,314 46 U.S.C. 12309(a) Numbering of Undocumented Vessels—Willful violation 12,519 46 U.S.C. 12309(b) Numbering of Undocumented Vessels 2,505 46 U.S.C. 12507(b) Vessel Identification System 21,039 46 U.S.C. 14701 Measurement of Vessels 45,855 46 U.S.C. 14702 Measurement; False Statements 45,855 46 U.S.C. 31309 Commercial Instruments and Maritime Liens 21,039 46 U.S.C. 31330(a)(2) Commercial Instruments and Maritime Liens; Mortgagor 21,039 46 U.S.C. 31330(b)(2) Commercial Instruments and Maritime Liens; Violation of 31329 52,596 46 U.S.C. 70036(a) Ports and Waterways Safety Regulations 94,219 46 U.S.C. 70041(d)(1)(B) Vessel Navigation: Regattas or Marine Parades; Unlicensed Person in Charge 9,472 46 U.S.C. 70041(d)(1)(C) Vessel Navigation: Regattas or Marine Parades; Owner Onboard Vessel 9,472 46 U.S.C. 70041(d)(1)(D) Vessel Navigation: Regattas or Marine Parades; Other Persons 4,735 46 U.S.C. 70119(a) Port Security 34,871 46 U.S.C. 70119(b) Port Security—Continuing Violations 62,656 46 U.S.C. 70506 Maritime Drug Law Enforcement; Penalties 5,781 49 U.S.C. 5123(a)(1) Hazardous Materials: Related to Vessels—Maximum Penalty 81,993 49 U.S.C. 5123(a)(2) Hazardous Materials: Related to Vessels—Penalty from Fatalities, Serious Injuries/Illness or Substantial Damage to Property 191,316 49 U.S.C. 5123(a)(3) Hazardous Materials: Related to Vessels—Training 493 1 Enacted under the Tariff Act of 1930, exempt from inflation adjustments. Title 49—Transportation PART 1503—INVESTIGATIVE AND ENFORCEMENT PROCEDURES 15. The authority citation for part 1503 continues to read as follows: Authority: 6 U.S.C. 1142; 18 U.S.C. 6002; 28 U.S.C. 2461 (note); 49 U.S.C. 114, 20109, 31105, 40113-40114, 40119, 44901-44907, 46101-46107, 46109-46110, 46301, 46305, 46311, 46313-46314; Pub. L. 104-134, as amended by Pub. L. 114-74. 16. In § 1503.401, revise paragraphs (b)(1) and
(2)and (c)(1) through
(3)to read as follows: § 1503.401 Maximum penalty amounts.
(b)* * *
(1)For violations that occurred on or before November 2, 2015, $10,000 per violation, up to a total of $50,000 per civil penalty action, in the case of an individual or small business concern, as defined in section 3 of the Small Business Act (15 U.S.C. 632). For violations that occurred after November 2, 2015 $11,698 per violation, up to a total of $58,490 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, $11,698 per violation, up to a total of $467,920 per civil penalty action, in the case of any other person.
(c)* * *
(1)For violations that occurred on or before November 2, 2015, $10,000 per violation, up to a total of $50,000 per civil penalty action, in the case of an individual or small business concern, as defined in section 3 of the Small Business Act (15 U.S.C. 632). For violations that occurred after November 2, 2015, $13,669 per violation, up to a total of $68,347 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, $13,669 per violation, up to a total of $546,774 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, $34,174 per violation, up to a total of $546,774 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. John M. Mitnick, General Counsel. [FR Doc. 2019-06745 Filed 4-4-19; 8:45 am]
Connectionstraces to 126
Traces to 126 documents
U.S. Code
54 references not yet in our index
  • 6 CFR 27
  • 19 CFR 4
  • 33 CFR 27
  • 49 CFR 1503
  • Pub. L. 109-295
  • 6 USC 621
  • Pub. L. 116-2
  • 6 USC 624(b)(1)
  • 6 CFR 27.300(b)(3)
  • Pub. L. 82-414
  • 8 CFR 280.53
  • 8 CFR 280.53(b)(1)
  • 8 CFR 280.53(b)(2)
  • 8 CFR 280.53(b)(3)
  • 8 CFR 280.53(b)(4)
  • 8 CFR 280.53(b)(5)
  • 8 CFR 280.53(b)(6)
  • 8 CFR 280.53(b)(7)
  • 8 CFR 280.53(b)(8)
  • 8 CFR 280.53(b)(9)
  • 8 CFR 280.53(b)(10)
  • 8 CFR 280.53(b)(11)
  • 8 CFR 280.53(b)(12)
  • 8 CFR 280.53(b)(13)
  • 8 CFR 280.53(b)(14)
  • 8 CFR 280.53(b)(15)
  • 8 CFR 270.3(b)(1)(ii)(A)
  • 8 CFR 270.3(b)(1)(ii)(B)
  • 8 CFR 270.3(b)(1)(ii)(C)
  • 8 CFR 270.3(b)(1)(ii)(D)
  • 8 CFR 274
  • 14 USC 88
  • 33 USC 1232
  • 14 USC 645(i)
  • Pub. L. 110-53
  • 121 Stat. 266
  • 49 CFR 1503.401(c)(3)
  • 49 CFR 1503.401(c)(1)
  • 49 CFR 1503.401(b)
  • 5 USC 601-612
+ 14 more
Citation graph
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Final rule
Pub. L.Public Law 114-74
U.S.C.§ 2461
U.S.C.§ 1
U.S.C.§ 1202
Pub. L.Public Law 115-278
Pub. L.Public Law 113-254
U.S.C.§ 1221
U.S.C.§ 1224
U.S.C.§ 1229c
Cite6 CFR 27
Cite19 CFR 4
Cite33 CFR 27
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