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Code · REGISTER · 2020-06-17 · Agriculture Agriculture Department See Commodity Credit Corporation See Farm Service Agency See Federal Crop Insurance Corporation See Forest Service See Rural Business-Cooperative Service See Rural H · Unknown

Unknown. Final rule

12,477 words·~57 min read·/register/2020/06/17/2020-11124

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-2020-06-17.xml --- 85 117 Wednesday, June 17, 2020 Contents Agriculture Agriculture Department See Commodity Credit Corporation See Farm Service Agency See Federal Crop Insurance Corporation See Forest Service See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service RULES Debt Management, 36670-36714 2020-09447 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 36590-36591 2020-12993 Civil Rights Civil Rights Commission NOTICES Meetings: Indiana Advisory Committee, 36528-36529 2020-12992 Missouri Advisory Committee, 36528 2020-13058 Ohio Advisory Committee, 36527-36528 2020-13059 Coast Guard Coast Guard RULES Civil Monetary Penalty Adjustments for Inflation, 36469-36483 2020-11124 Safety Zones: San Diego Bay, San Diego, CA, 36492-36494 2020-12089 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Qualitative Feedback on Agency Service Delivery; Correction, 36529 2020-13074 Commodity Credit Commodity Credit Corporation RULES Debt Management, 36670-36714 2020-09447 Drug Drug Enforcement Administration NOTICES Bulk Manufacturer of Controlled Substances Application: Cambrex Charles City, 36617 2020-13009 Importer of Controlled Substances Application: Woodfield Distribution, LLC, 36617 2020-13008 Education Department Education Department RULES Eligibility of Students at Institutions of Higher Education for Funds under the Coronavirus Aid, Relief, and Economic Security Act, 36494-36504 2020-12965 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Report of Dispute Resolution Under Part C of the Individuals with Disabilities Education Act, 36569 2020-12973 Election Election Assistance Commission NOTICES Standardized Format to be used for Both Interim and Final Progress Reporting, 36569-36570 2020-13032 Energy Department Energy Department See Energy Information Administration See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program: Energy Conservation Standards for Air-Cooled Commercial Package Air Conditioning and Heating Equipment and Commercial Warm Air Furnaces, 36517-36518 2020-12934 Energy Conservation Standards for Room Air Conditioners, 36512-36517 2020-12935 NOTICES Orders:
JM and RAL Energy INC., Cheniere Marketing, LLC and Corpus Christi Liquefaction, LLC, et al., 36570-36571 2020-13040 Energy Information Energy Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36571-36572 2020-13039 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Texas; Approval of Substitution for Dallas-Fort Worth Area Transportation Control Measures, 36504-36506 2020-10835 NOTICES Cancellation Order:
Certain Pesticide Registrations and Amendments to Terminate Uses, 36583-36586 2020-13047 Manufacturer Request for Risk Evaluation under the Toxic Substances Control Act: Octamethylcyclotetra-siloxane (D4), 36586-36588 2020-13037 Meetings: Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel; Request for Nominations of Ad Hoc Expert Reviewers, 36580-36583 2020-13010 Farm Service Farm Service Agency RULES Debt Management, 36670-36714 2020-09447 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives:
Airbus SAS Airplanes, 36519-36522 2020-12866 Federal Communications Federal Communications Commission PROPOSED RULES Office of Economics and Analytics and Wireline Competition Bureau Seek Comment on Adjustment Factor Values for the 5G Fund, 36522-36526 2020-12845 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36588-36590 2020-13061 Federal Crop Federal Crop Insurance Corporation RULES Debt Management, 36670-36714 2020-09447 Federal Emergency Federal Emergency Management Agency RULES Suspension of Community Eligibility, 36507-36509 2020-11333 NOTICES Flood Hazard Determinations;
Proposals, 36607-36608 2020-13036 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Lower Saranac Hydro, LLC, 36574-36575 2020-13033 Combined Filings, 36574, 36578-36579 2020-13016 2020-13017 2020-13019 Complaint: Constellation Mystic Power, LLC v. ISO New England, Inc., 36575-36576 2020-13034 Filing: AES North American Development, LLC, 36576-36577 2020-13013 Matthew Gorsich, 36572 2020-13018 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:
Bitter Ridge Wind Farm, LLC, 36572-36573 2020-13027 Cedar Springs Wind, LLC, 36577 2020-13022 Day County Wind I, LLC, 36577-36578 2020-13020 Gray County Wind, LLC, 36573-36574 2020-13024 Northern Colorado Wind Energy Center II, 36575 2020-13023 Northern Colorado Wind Energy Center, LLC, 36578 2020-13025 Orbit Bloom Energy, LLC, 36576 2020-13021 Ponderosa Wind, LLC, 36579 2020-13026 Petition for Declaratory Order: Stagecoach Pipeline and Storage Co., LLC, 36573 2020-13035 Records Governing Off-the-Record Communications, 36579-36580 2020-13014 Federal Highway Federal Highway Administration NOTICES Surface Transportation Project Delivery Program;
Florida DOT Audit 3 Report, 36657-36661 2020-13005 Surface Transportation Project Delivery Program; Ohio Department of Transportation Audit Report, 36661-36664 2020-13006 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 36590 2020-13044 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 36590 2020-13052 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Certificates of Confidentiality, 36602-36603 2020-13081 Data To Support Drug Product Communications as Used by the Food and Drug Administration, 36591-36593 2020-13079 Potential Tobacco Product Violations Reporting Form, 36597-36598 2020-13071 Guidance: Patient-Focused Drug Development: Collecting Comprehensive and Representative Input, 36600-36601 2020-13046 Recommendations to Reduce the Possible Risk of Transmission of Creutzfeldt-Jakob Disease and Variant Creutzfeldt Jakob Disease by Blood and Blood Components;, 36593-36594 2020-13055 Revised Recommendations for Reducing the Risk of Human Immunodeficiency Virus Transmission by Blood and Blood Products, 36595-36597 2020-13051 Revised Recommendations to Reduce the Risk of Transfusion-Transmitted Malaria, 36598-36600 2020-13066 Requests for Nominations:
Voting Members on a Public Advisory Committee; Pharmacy Compounding Advisory Committee, 36594-36595 2020-13042 Withdrawal of Approval of Abbreviated New Drug Applications; Correction: Mylan Institutional LLC et al., 36598 2020-13070 Foreign Claims Foreign Claims Settlement Commission NOTICES Meetings; Sunshine Act, 36617 2020-13131 Foreign Trade Foreign-Trade Zones Board NOTICES Subzone Application: Boston, Massachusetts; Ipswich Shellfish Company, Inc.; Ipswich, Massachusetts, 36529-36530 2020-13077 Forest Forest Service NOTICES Forest Order Closing Areas:
Beattie Gulch Trailhead and McConnell Fishing Access North and West of Gardiner, MT to the Discharge of Firearms, 36527 2020-13080 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health NOTICES Charter Renewal: President's Council on Sports, Fitness and Nutrition, 36603 2020-12972 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration See U.S.
Customs and Border Protection RULES Civil Monetary Penalty Adjustments for Inflation, 36469-36483 2020-11124 Housing Housing and Urban Development Department NOTICES Vacant Loan Sales, 36608 2020-12990 Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming: Tribal-State Class III Gaming Compact Taking Effect in the State of Oklahoma, 36609 2020-13062 Native American Business Development Institute Grant; Solicitation of Proposals, 36609-36613 2020-13063 Proclaiming Certain Lands as Reservation for the Shakopee Mdewakanton Sioux Community of Minnesota, 36608-36609 2020-13064 Industry Industry and Security Bureau RULES Implementation of the February 2020 Australia Group Intersessional Decisions:
Addition of Certain Rigid-Walled, Single-Use Cultivation Chambers and Precursor Chemicals to the Commerce Control List, 36483-36492 2020-11625 Interior Interior Department See Indian Affairs Bureau 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, 36530-36535 2020-13075 International Trade Com International Trade Commission NOTICES Investigations;
Determinations, Modifications, and Rulings, etc.: Certain Motorized Vehicles and Components Thereof, 36613-36614 2020-12996 Certain Powered Cover Plates, 36614-36615 2020-12994 Economic Impact of Trade Agreements Implemented Under Trade Authorities Procedures, 2021 Update, 36615-36616 2020-12995 Justice Department Justice Department See Drug Enforcement Administration See Foreign Claims Settlement Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36617-36618 2020-12968 Labor Department Labor Department See Mine Safety and Health Administration See Veterans Employment and Training Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Application for Use of Public Space by Non-DOL Agencies in the Frances Perkins Building, 36618-36619 2020-13056 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Escape and Evacuation Plans, 36619-36620 2020-13001 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 36604-36607 2020-12975 2020-12979 2020-12980 2020-12981 2020-12982 National Cancer Institute, 36603-36606 2020-12977 2020-12978 National Institute on Alcohol Abuse and Alcoholism, 36604-36605 2020-12976 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:
Pollock in the Herring Savings Area in the Bering Sea and Aleutian Islands Management Area, 36509-36511 2020-13078 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Alaska Region Scale and Catch Weighing Requirements, 36566-36567 2020-13029 Endangered Species: File No. 21516, 36563-36565 2020-13041 Meetings: Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review, 36535 2020-13007 General Advisory Committee to the U.S. Section to the Inter American Tropical Tuna Commission and Scientific Advisory Subcommittee to the General Advisory Committee, 36562-36563 2020-13073 Management Track Assessment for Atlantic Herring, Butterfish, Atlantic Surf Clam and Longfin Inshore Squid, 36536-36537 2020-13076 Schedules for Atlantic Shark Identification Workshops and Safe Handling, Release, and Identification Workshops, 36565-36566 2020-13072 Permit Application:
Foreign Fishing, 36535-36536 2020-12991 Takes of Marine Mammals Incidental to Specified Activities: Marine Site Characterization Surveys off of Coastal Virginia, 36537-36562 2020-12997 Patent Patent and Trademark Office NOTICES Requests for Nominations: Patent and Trademark Public Advisory Committees, 36568-36569 2020-13043 Postal Regulatory Postal Regulatory Commission NOTICES Inbound Competitive Multi-Service Agreements with Foreign Postal Operators, 36622-36623 2020-13054 New Postal Products, 36621-36622 2020-13053 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:
Flag Day and National Flag Week (Proc. 10050), 36467-36468 2020-13177 Rural Business Rural Business-Cooperative Service RULES Debt Management, 36670-36714 2020-09447 Rural Housing Service Rural Housing Service RULES Debt Management, 36670-36714 2020-09447 Rural Utilities Rural Utilities Service RULES Debt Management, 36670-36714 2020-09447 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36627 2020-13069 Agency Information Collection Activities;
Proposals, Submissions, and Approvals:, 36657 2020-13065 Joint Industry Plan: Filing of Amendment to the National Market System Plan Governing the Consolidated Audit Trail by BOX Options Exchange LLC, Cboe BYX Exchange, et al., 36623-36626 2020-13000 Meetings; Sunshine Act, 36626-36627 2020-13089 Order Granting Conditional Exemptive Relief, 36631-36633 2020-12998 Self-Regulatory Organizations; Proposed Rule Changes: BOX Exchange LLC, 36647-36649 2020-12983 Cboe BZX Exchange, Inc., 36627-36630 2020-12986 Nasdaq GEMX, LLC, 36653-36657 2020-12987 Nasdaq MRX, LLC, 36633-36637 2020-12985 New York Stock Exchange LLC, 36637-36644 2020-12989 NYSE American LLC, 36644-36647, 36649-36653 2020-12984 2020-12988 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration Security Transportation Security Administration RULES Civil Monetary Penalty Adjustments for Inflation, 36469-36483 2020-11124 Customs U.S.
Customs and Border Protection RULES Civil Monetary Penalty Adjustments for Inflation, 36469-36483 2020-11124 Veteran Affairs Veterans Affairs Department NOTICES Privacy Act; Systems of Records, 36664-36667 2020-13002 Veterans Employment Veterans Employment and Training Service NOTICES Meetings: Advisory Committee on Veterans' Employment, Training and Employer Outreach, 36620-36621 2020-13057 Separate Parts In This Issue Part II Agriculture Department, Commodity Credit Corporation, 36670-36714 2020-09447 Agriculture Department, Farm Service Agency, 36670-36714 2020-09447 Agriculture Department, Federal Crop Insurance Corporation, 36670-36714 2020-09447 Agriculture Department, Rural Business-Cooperative Service, 36670-36714 2020-09447 Agriculture Department, Rural Housing Service, 36670-36714 2020-09447 Agriculture Department, Rural Utilities Service, 36670-36714 2020-09447 Agriculture Department, 36670-36714 2020-09447 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. 85 117 Wednesday, June 17, 2020 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-AA95 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 2020 annual inflation adjustment to its civil monetary penalties. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) was signed into law on November 2, 2015. Pursuant to the 2015 Act, all agencies must adjust civil monetary penalties annually and publish the adjustment in the **Federal Register** . Accordingly, this final rule adjusts DHS's civil monetary penalties for 2020 pursuant to the 2015 Act and OMB guidance. The new penalties will be effective for penalties assessed after June 17, 2020 whose associated violations occurred after November 2, 2015. DATES: This rule is effective on June 17, 2020. FOR FURTHER INFORMATION CONTACT: Hillary Hunnings, 202-282-9043, *hillary.hunnings@hq.dhs.gov.* SUPPLEMENTARY INFORMATION: Table of Contents I. Statutory and Regulatory Background II. Overview of Final Rule III. Adjustments by Component A. Cybersecurity and Infrastructure Security Agency B. U.S. Customs and Border Protection C. U.S. Immigration and Customs Enforcement D. U.S. Coast Guard E. Transportation Security Administration IV. Administrative Procedure Act V. Regulatory Analyses A. Executive Orders 12866 and 13563 B. Regulatory Flexibility Act C. Unfunded Mandates Reform Act D. Paperwork Reduction Act VI. Signing Authority I. Statutory and Regulatory Background On November 2, 2015, the President signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Pub. L. 114-74 section 701 (Nov. 2, 2015)) (2015 Act). 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 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 making the annual adjustment for 2017. 5 DHS made the 2018 annual inflation adjustment on April 2, 2018. 6 DHS made the 2019 annual inflation adjustment on April 5, 2019. 7 2 The 2015 Act applies to all agency civil penalties except for any penalty (including any addition to tax and additional amount) under the Internal Revenue Code of 1986 (26 U.S.C. 1 *et seq.* ) and the Tariff Act of 1930 (19 U.S.C. 1202 *et seq.* ). See sec. 4(a)(1) of the 2015 Act. In the case of DHS, several civil penalties that are assessed by U.S. Customs and Border Protection
(CBP)and the U.S. Coast Guard fall under the Tariff Act of 1930, and thus DHS did not adjust those civil penalties in this rulemaking. 3 *See* 81 FR 42987. 4 OMB, Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Table A, 24 February 2016. *https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2016/m-16-06.pdf* (last accessed Dec. 5, 2017). 5 *See* 82 FR 8571. 6 *See* 83 FR 13826. 7 *See* 84 FR 13499. II. Overview of the Final Rule This final rule makes the 2020 annual inflation adjustments to civil monetary penalties pursuant to the 2015 Act and pursuant to guidance OMB issued to agencies on December 16, 2019. 8 The penalty amounts in this final rule will be effective for penalties assessed after June 17, 2020 where the associated violation occurred after November 2, 2015. Consistent with OMB guidance, the 2015 Act does not change previously assessed penalties that the agency is actively collecting or has collected. 8 OMB Memorandum M-20-05, Implementation of Penalty Inflation Adjustments for 2020, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Dec. 16, 2019. Available at *https://www.whitehouse.gov/wp-content/uploads/2019/12/M-20-05.pdf.* 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 2020. In the table for each component, we show
(1)the penalty name,
(2)the penalty statutory and/or regulatory citation,
(3)the penalty amount as adjusted in the 2019 final rule,
(4)the cost-of-living adjustment multiplier for 2020 that OMB provided in its December 16, 2019, guidance, and
(5)the new 2020 adjusted penalty. The 2015 Act instructs agencies to round penalties to the nearest $1. For a more complete discussion of the method used for calculating the initial “catch-up” inflation adjustments and a component-by-component breakdown to the nature of the civil penalties and relevant legal authorities, please see the IFR preamble at 81 FR 42987-43000. III. Adjustments by Component In the following sections, we briefly describe the civil penalties that DHS and its components, the Cybersecurity and Infrastructure Security Agency (CISA), U.S. Customs and Border Protection (CBP), U.S. Immigration and Customs Enforcement (ICE), the U.S. Coast Guard (USCG), and the Transportation Security Administration (TSA), assess. Other components not mentioned do not impose any civil monetary penalties. We include tables at the end of each section, which list the individual adjustments for each penalty. A. Cybersecurity and Infrastructure Security Agency The Cybersecurity and Infrastructure Security Agency
(CISA)administers only one civil penalty that the 2015 Act affects. That penalty assesses fines for violations of the Chemical Facility Anti-Terrorism Standards (CFATS). CFATS is a program that regulates the security of chemical facilities that, in the discretion of the Secretary, present high levels of security risk. DHS established the CFATS program in 2007 pursuant to section 550 of the Department of Homeland Security Appropriations Act of 2007 (Pub. L. 109-295). 9 The CFATS regulation is located in part 27 of title 6 of the Code of Federal Regulations (CFR). Below is a table showing the 2020 adjustment for the CFATS penalty that CISA administers. 9 Section 550 has since been superseded by the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014 (Pub. L. 113-254). The new legislation codified the statutory authority for the CFATS program within Title XXI of the Homeland Security Act of 2002, as amended. *See* 6 U.S.C. 621 *et seq.* Public Law 113-254 authorized the CFATS program from January 18, 2015 to January 17, 2019. The Chemical Facility Anti-Terrorism Standards Program Extension Act (Pub. L. 116-2) extends the CFATS program authorization to April 17, 2020. Table 1—CFATS Civil Penalty Adjustment Penalty name Citation Penalty amount as adjusted in the 2019 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) $34,871 per day 1.01764 $35,486 per day. * OMB Memorandum M-20-05, Implementation of Penalty Inflation Adjustments for 2020, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Dec. 16, 2019. Available at *https://www.whitehouse.gov/wp-content/uploads/2019/12/M-20-05.pdf.* B. U.S. Customs and Border Protection U.S. Customs and Border Protection
(CBP)assesses civil monetary penalties under various titles of the United States Code and the CFR. These include penalties for certain violations of title 8 of the CFR regarding the Immigration and Nationality Act of 1952 (Pub. L. 82-414, as amended) (INA). The INA contains provisions that impose penalties on persons, including carriers and aliens, who violate specified provisions of the INA. The relevant penalty provisions are located in numerous sections of the INA, however CBP has enumerated these penalties in regulation in one location—8 CFR 280.53. For a complete list of the INA sections for which penalties are assessed, in addition to a brief description of each violation, see the 2016 IFR preamble at 81 FR 42989-42990. For a complete list and brief description of the non-INA civil monetary penalties assessed by CBP subject to adjustment and a discussion of the history of DHS's and CBP's adjustments to the non-INA penalties, see the 2019 annual inflation adjustment final rule preamble at 84 FR 13500. Below is a table showing the 2020 adjustment for the penalties that CBP administers. Table 2—U.S. Customs and Border Protection Civil Penalties Adjustments Penalty name Citation Penalty amount as adjusted in the 2019 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)) $1,394 1.01764 $1,419. 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) $3,788 1.01764 $3,855. Penalties for failure to depart voluntarily 8 U.S.C. 1229c(d); 8 CFR 280.53(b)(3) (INA section 240B(d)) $1,597-$7,987 1.01764 $1,625-$8,128. 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)) $3,195 1.01764 $3,251. 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)) $7,987 1.01764 $8,128. 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)) $378 for each alien 1.01764 $385 for each alien. Penalties for use of alien crewmen for longshore work in violation of section 251(d) of the INA 8 U.S.C. 1281(d); 8 CFR 280.53(b)(6); (INA section 251(d)) $9,472 1.01764 $9,639. 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)) $947-$5,683 1.01764 $964-$5,783. 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) $1,895 1.01764 $1,928. Penalties for discharge of alien crewmen 8 U.S.C. 1286; 8 CFR 280.53(b)(9) (INA section 256) $2,841-$5,683 1.01764 $2,891-$5,783. 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) $18,943 1.01764 $19,277. 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)) $5,683 1.01764 $5,783. 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)) $5,683 1.01764 $5,783. 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)) $5,683 1.01764 $5,783. Penalties for failure to depart 8 U.S.C. 1324d; 8 CFR 280.53(b)(14) (INA section 274D) $799 1.01764 $813. Penalties for improper entry 8 U.S.C. 1325(b); 8 CFR 280.53(b)(15) (INA section 275(b)) $80-$400 1.01764 $81-$407. Penalty for dealing in or using empty stamped imported liquor containers 19 U.S.C. 469 $531 1.01764 ** 540. Penalty for employing a vessel in a trade without a required Certificate of Documentation ** 19 U.S.C. 1706a; 19 CFR 4.80(i) $1,329 1.01764 $1,352. 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) $531 1.01764 ** 540. 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) $798 1.01764 $812. 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 $930-$2,924 plus $159; per ton 1.01764 $946-$2,976, plus $162 per ton. * OMB Memorandum M-20-05, Implementation of Penalty Inflation Adjustments for 2020, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Dec. 16, 2019. Available at *https://www.whitehouse.gov/wp-content/uploads/2019/12/M-20-05.pdf.* ** No applicable conforming edit to regulatory text. C. U.S. Immigration and Customs Enforcement U.S. Immigration and Customs Enforcement
(ICE)assesses civil monetary penalties for certain employment-related violations arising from the INA. ICE's civil penalties are located in title 8 of the CFR. There are three different sections in the INA that impose civil monetary penalties for violations of the laws that relate to employment actions: Sections 274A, 274B, and 274C. ICE has primary enforcement responsibilities for two of these civil penalty provisions (sections 274A and 274C), and the Department of Justice
(DOJ)has enforcement responsibilities for one of these civil penalty provisions (section 274B). The INA, in sections 274A and 274C, provides for imposition of civil penalties for various specified unlawful acts pertaining to the employment eligibility verification process (Form I- 9, Employment Eligibility Verification), the employment of unauthorized aliens, and document fraud. Because both DHS and DOJ implement the three employment-related penalty sections in the INA, both Departments' implementing regulations reflect the civil penalty amounts. For a complete description of the civil money penalties assessed and a discussion of DHS's and DOJ's efforts to update the penalties in years past, see the IFR preamble at 81 FR 42991. Below is a table showing the 2020 adjustment for the penalties that ICE administers. 10 10 Table 3 also includes two civil penalties that are also listed as penalties administered by CBP. These are penalties for failure to depart voluntarily, INA section 240B(d), and failure to depart after a final order of removal, INA section 274D. Both CBP and ICE may administer these penalties, but as ICE is the DHS component primarily responsible for assessing and collecting them, they are also listed among the penalties ICE administers. Table 3—U.S. Immigration and Customs Enforcement Civil Penalties Adjustments Penalty name Citation Penalty amount as adjusted in the 2019 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) $1,597-$7,987 1.01764 $1,625-$8,128 Civil penalties for violation of INA sections 274C(a)(1)-(a)(4), penalty for first offense 8 CFR 270.3(b)(1)(ii)(A) 473-3,788 1.01764 481-3,855 Civil penalties for violation of INA sections 274C(a)(5)-(a)(6), penalty for first offense 8 CFR 270.3(b)(1)(ii)(B) 400-3,195 1.01764 407-3,251 Civil penalties for violation of INA sections 274C(a)(1)-(a)(4), penalty for subsequent offenses 8 CFR 270.3(b)(1)(ii)(C) 3,788-9,472 1.01764 3,855-9,639 Civil penalties for violation of INA sections 274C(a)(5)-(a)(6), penalty for subsequent offenses 8 CFR 270.3(b)(1)(ii)(D) 3,195-7,987 1.01764 3,251-8,128 Violation/prohibition of indemnity bonds 8 CFR 274a.8(b) 2,292 1.01764 2,332 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) 573-4,586 1.01764 583-4,667 Penalty for second offense (per unauthorized alien) 8 CFR 274a.10(b)(1)(ii)(B) 4,586-11,463 1.01764 4,667-11,665 Penalty for third or subsequent offense (per unauthorized alien) 8 CFR 274a.10(b)(1)(ii)(C) 6,878-22,927 1.01764 6,999-23,331 Civil penalties for I-9 paperwork violations 8 CFR 274a.10(b)(2) 230-2,292 1.01764 234-2,332 Civil penalties for failure to depart, INA section 274D 8 U.S.C. 1324d; 8 CFR 280.53(b)(14) 799 1.01764 813 * OMB Memorandum M-20-05, Implementation of Penalty Inflation Adjustments for 2020, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Dec. 16, 2019. Available at *https://www.whitehouse.gov/wp-content/uploads/2019/12/M-20-05.pdf.* D. U.S. Coast Guard The Coast Guard is authorized to assess close to 150 penalties involving maritime safety and security and environmental stewardship that are critical to the continued success of Coast Guard missions. Various statutes in titles 14, 16, 19, 33, 42, 46, and 49 of the United States Code authorize these penalties. Titles 33 and 46 authorize the vast majority of these penalties as these statutes deal with navigation, navigable waters, and shipping. Beyond titles 33 and 46, the Coast Guard is also authorized to collect civil monetary penalties related to the organization and management of the Coast Guard, obstruction of revenue, and hazardous substances and materials. For a complete discussion of the civil monetary penalties assessed by the Coast Guard, see the 2016 IFR preamble at 81 FR 42992. The Coast Guard has identified the penalties it administers, adjusted those penalties for inflation, and is listing those new penalties in a table located in the CFR—specifically, Table 1 in 33 CFR 27.3. Table 1 in 33 CFR 27.3 identifies the statutes that provide the Coast Guard with civil monetary penalty authority and sets out the inflation-adjusted maximum penalty that the Coast Guard may impose pursuant to each statutory provision. Table 1 in 33 CFR 27.3 provides the current maximum penalty for violations that occurred after November 2, 2015. 11 11 The Frank LoBiondo Coast Guard Authorization Act of 2018 re-designated certain existing sections of the United States Code, including 14 U.S.C. 88 (now 14 U.S.C. 521) and 33 U.S.C. 1232 and 1236 (now 46 U.S.C. 70036 and 70041). The table reflects those changes to the statutory citations. The applicable civil penalty amounts for violations occurring on or before November 2, 2015, are set forth in previously published regulations amending 33 CFR part 27. To find the applicable penalty amount for a violation that occurred on or before November 2, 2015, look to the prior versions of the CFR that pertain to the date on which the violation occurred. With this update, the Coast Guard is removing the penalty for “Aquatic Nuisance Species in the Waters of the United States,” 16 U.S.C. 4711(g)(1), because section 1101 of the Nonindigenous Aquatic Nuisance Prevention and Control Act (codified at 16 U.S.C. 4711) was repealed by section 903(a)(2)(A)(i) of Public Law 115-282, effective December 4, 2018. Table 4 below shows the 2020 adjustment for the penalties that the Coast Guard administers. Table 4—U.S. Coast Guard Civil Penalties Adjustments Penalty name Citation Penalty amount as adjusted in the 2019 FR Multiplier * New penalty as adjusted by this final rule Saving Life and Property 14 U.S.C. 521(c) $10,651 1.01764 $10,839 Saving Life and Property; Intentional Interference with Broadcast 14 U.S.C. 521(e) 1,093 1.01764 1,112 Confidentiality of Medical Quality Assurance Records (first offense) 14 U.S.C. 645(i); 33 CFR 27.3 5,350 1.01764 5,444 Confidentiality of Medical Quality Assurance Records (subsequent offenses) 14 U.S.C. 645(i); 33 CFR 27.3 35,668 1.01764 36,297 Obstruction of Revenue Officers by Masters of Vessels 19 U.S.C. 70; 33 CFR 27.3 7,975 1.01764 8,116 Obstruction of Revenue Officers by Masters of Vessels—Minimum Penalty 19 U.S.C. 70; 33 CFR 27.3 1,861 1.01764 1,894 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 11,563 1.01764 11,767 Anchorage Ground/Harbor Regulations St. Mary's river 33 U.S.C. 474; 33 CFR 27.3 798 1.01764 812 Bridges/Failure to Comply with Regulations 33 U.S.C. 495(b); 33 CFR 27.3 29,192 1.01764 29,707 Bridges/Drawbridges 33 U.S.C. 499(c); 33 CFR 27.3 29,192 1.01764 29,707 Bridges/Failure to Alter Bridge Obstructing Navigation 33 U.S.C. 502(c); 33 CFR 27.3 29,192 1.01764 29,707 Bridges/Maintenance and Operation 33 U.S.C. 533(b); 33 CFR 27.3 29,192 1.01764 29,707 Bridge to Bridge Communication; Master, Person in Charge or Pilot 33 U.S.C. 1208(a); 33 CFR 27.3 2,126 1.01764 2,164 Bridge to Bridge Communication; Vessel 33 U.S.C. 1208(b); 33 CFR 27.3 2,126 1.01764 2,164 Oil/Hazardous Substances: Discharges (Class I per violation) 33 U.S.C. 1321(b)(6)(B)(i); 33 CFR 27.3 18,943 1.01764 19,277 Oil/Hazardous Substances: Discharges (Class I total under paragraph) 33 U.S.C. 1321(b)(6)(B)(i); 33 CFR 27.3 47,357 1.01764 48,192 Oil/Hazardous Substances: Discharges (Class II per day of violation) 33 U.S.C. 1321(b)(6)(B)(ii); 33 CFR 27.3 18,943 1.01764 19,277 Oil/Hazardous Substances: Discharges (Class II total under paragraph) 33 U.S.C. 1321(b)(6)(B)(ii); 33 CFR 27.3 236,783 1.01764 240,960 Oil/Hazardous Substances: Discharges (per day of violation) Judicial Assessment 33 U.S.C. 1321(b)(7)(A); 33 CFR 27.3 47,357 1.01764 48,192 Oil/Hazardous Substances: Discharges (per barrel of oil or unit discharged) Judicial Assessment 33 U.S.C. 1321(b)(7)(A); 33 CFR 27.3 1,895 1.01764 1,928 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 47,357 1.01764 48,192 Oil/Hazardous Substances: Failure to Comply with Regulation Issued Under 1321(j) (Judicial Assessment) 33 U.S.C. 1321(b)(7)(C); 33 CFR 27.3 47,357 1.01764 48,192 Oil/Hazardous Substances: Discharges, Gross Negligence (per barrel of oil or unit discharged) Judicial Assessment 33 U.S.C. 1321(b)(7)(D); 33 CFR 27.3 5,683 1.01764 5,783 Oil/Hazardous Substances: Discharges, Gross Negligence-Minimum Penalty (Judicial Assessment) 33 U.S.C. 1321(b)(7)(D); 33 CFR 27.3 189,427 1.01764 192,768 Marine Sanitation Devices; Operating 33 U.S.C. 1322(j); 33 CFR 27.3 7,975 1.01764 8,116 Marine Sanitation Devices; Sale or Manufacture 33 U.S.C. 1322(j); 33 CFR 27.3 21,265 1.01764 21,640 International Navigation Rules; Operator 33 U.S.C. 1608(a); 33 CFR 27.3 14,910 1.01764 15,173 International Navigation Rules; Vessel 33 U.S.C. 1608(b); 33 CFR 27.3 14,910 1.01764 15,173 Pollution from Ships; General 33 U.S.C. 1908(b)(1); 33 CFR 27.3 74,552 1.01764 75,867 Pollution from Ships; False Statement 33 U.S.C. 1908(b)(2); 33 CFR 27.3 14,910 1.01764 15,173 Inland Navigation Rules; Operator 33 U.S.C. 2072(a); 33 CFR 27.3 14,910 1.01764 15,173 Inland Navigation Rules; Vessel 33 U.S.C. 2072(b); 33 CFR 27.3 14,910 1.01764 15,173 Shore Protection; General 33 U.S.C. 2609(a); 33 CFR 27.3 52,596 1.01764 53,524 Shore Protection; Operating Without Permit 33 U.S.C. 2609(b); 33 CFR 27.3 21,039 1.01764 21,410 Oil Pollution Liability and Compensation 33 U.S.C. 2716a(a); 33 CFR 27.3 47,357 1.01764 48,192 Clean Hulls 33 U.S.C. 3852(a)(1)(A); 33 CFR 27.3 43,359 1.01764 44,124 Clean Hulls—related to false statements 33 U.S.C. 3852(a)(1)(A); 33 CFR 27.3 57,813 1.01764 58,833 Clean Hulls—Recreational Vessel 33 U.S.C. 3852(c); 33 CFR 27.3 5,781 1.01764 5,883 Hazardous Substances, Releases, Liability, Compensation (Class I) 42 U.S.C. 9609(a); 33 CFR 27.3 57,317 1.01764 58,328 Hazardous Substances, Releases, Liability, Compensation (Class II) 42 U.S.C. 9609(b); 33 CFR 27.3 57,317 1.01764 58,328 Hazardous Substances, Releases, Liability, Compensation (Class II subsequent offense) 42 U.S.C. 9609(b); 33 CFR 27.3 171,952 1.01764 174,985 Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment) 42 U.S.C. 9609(c); 33 CFR 27.3 57,317 1.01764 58,328 Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment subsequent offense) 42 U.S.C. 9609(c); 33 CFR 27.3 171,952 1.01764 174,985 Safe Containers for International Cargo 46 USC 80509; 33 CFR 27.3 6,265 1.01764 6,376 Suspension of Passenger Service 46 USC 70305; 33 CFR 27.3 62,656 1.01764 63,761 Vessel Inspection or Examination Fees 46 U.S.C. 2110(e); 33 CFR 27.3 9,472 1.01764 9,639 Alcohol and Dangerous Drug Testing 46 U.S.C. 2115; 33 CFR 27.3 7,710 1.01764 7,846 Negligent Operations: Recreational Vessels 46 U.S.C. 2302(a); 33 CFR 27.3 6,974 1.01764 7,097 Negligent Operations: Other Vessels 46 U.S.C. 2302(a); 33 CFR 27.3 34,871 1.01764 35,486 Operating a Vessel While Under the Influence of Alcohol or a Dangerous Drug 46 U.S.C. 2302(c)(1); 33 CFR 27.3 7,710 1.01764 7,846 Vessel Reporting Requirements: Owner, Charterer, Managing Operator, or Agent 46 U.S.C. 2306(a)(4); 33 CFR 27.3 12,007 1.01764 12,219 Vessel Reporting Requirements: Master 46 U.S.C. 2306(b)(2); 33 CFR 27.3 2,402 1.01764 2,444 Immersion Suits 46 U.S.C. 3102(c)(1); 33 CFR 27.3 12,007 1.01764 12,219 Inspection Permit 46 U.S.C. 3302(i)(5); 33 CFR 27.3 2,505 1.01764 2,549 Vessel Inspection; General 46 U.S.C. 3318(a); 33 CFR 27.3 12,007 1.01764 12,219 Vessel Inspection; Nautical School Vessel 46 U.S.C. 3318(g); 33 CFR 27.3 12,007 1.01764 12,219 Vessel Inspection; Failure to Give Notice IAW 3304(b) 46 U.S.C. 3318(h); 33 CFR 27.3 2,402 1.01764 2,444 Vessel Inspection; Failure to Give Notice IAW 3309(c) 46 U.S.C. 3318(i); 33 CFR 27.3 2,402 1.01764 2,444 Vessel Inspection; Vessel ≥1600 Gross Tons 46 U.S.C. 3318(j)(1); 33 CFR 27.3 24,017 1.01764 24,441 Vessel Inspection; Vessel <1600 Gross Tons 46 U.S.C. 3318(j)(1); 33 CFR 27.3 4,803 1.01764 4,888 Vessel Inspection; Failure to Comply with 3311(b) 46 U.S.C. 3318(k); 33 CFR 27.3 24,017 1.01764 24,441 Vessel Inspection; Violation of 3318(b)-3318(f) 46 U.S.C. 3318(l); 33 CFR 27.3 12,007 1.01764 12,219 List/count of Passengers 46 U.S.C. 3502(e); 33 CFR 27.3 250 1.01764 254 Notification to Passengers 46 U.S.C. 3504(c); 33 CFR 27.3 25,037 1.01764 25,479 Notification to Passengers; Sale of Tickets 46 U.S.C. 3504(c); 33 CFR 27.3 1,251 1.01764 1,273 Copies of Laws on Passenger Vessels; Master 46 U.S.C. 3506; 33 CFR 27.3 501 1.01764 510 Liquid Bulk/Dangerous Cargo 46 U.S.C. 3718(a)(1); 33 CFR 27.3 62,595 1.01764 63,699 Uninspected Vessels 46 U.S.C. 4106; 33 CFR 27.3 10,519 1.01764 10,705 Recreational Vessels (maximum for related series of violations) 46 U.S.C. 4311(b)(1); 33 CFR 27.3 331,174 1.01764 337,016 Recreational Vessels; Violation of 4307(a) 46 U.S.C. 4311(b)(1); 33 CFR 27.3 6,623 1.01764 6,740 Recreational vessels 46 U.S.C. 4311(c); 33 CFR 27.3 2,505 1.01764 2,549 Uninspected Commercial Fishing Industry Vessels 46 U.S.C. 4507; 33 CFR 27.3 10,519 1.01764 10,705 Abandonment of Barges 46 U.S.C. 4703; 33 CFR 27.3 1,783 1.01764 1,814 Load Lines 46 U.S.C. 5116(a); 33 CFR 27.3 11,463 1.01764 11,665 Load Lines; Violation of 5112(a) 46 U.S.C. 5116(b); 33 CFR 27.3 22,927 1.01764 23,331 Load Lines; Violation of 5112(b) 46 U.S.C. 5116(c); 33 CFR 27.3 11,463 1.01764 11,665 Reporting Marine Casualties 46 U.S.C. 6103(a); 33 CFR 27.3 39,936 1.01764 40,640 Reporting Marine Casualties; Violation of 6104 46 U.S.C. 6103(b); 33 CFR 27.3 10,519 1.01764 10,705 Manning of Inspected Vessels; Failure to Report Deficiency in Vessel Complement 46 U.S.C. 8101(e); 33 CFR 27.3 1,895 1.01764 1,928 Manning of Inspected Vessels 46 U.S.C. 8101(f); 33 CFR 27.3 18,943 1.01764 19,277 Manning of Inspected Vessels; Employing or Serving in Capacity not Licensed by USCG 46 U.S.C. 8101(g); 33 CFR 27.3 18,943 1.01764 19,277 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 2,505 1.01764 2,549 Watchmen on Passenger Vessels 46 U.S.C. 8102(a) 2,505 1.01764 2,549 Citizenship Requirements 46 U.S.C. 8103(f) 1,251 1.01764 1,273 Watches on Vessels; Violation of 8104(a) or
(b)46 U.S.C. 8104(i) 18,943 1.01764 19,277 Watches on Vessels; Violation of 8104(c), (d), (e), or
(h)46 U.S.C. 8104(j) 18,943 1.01764 19,277 Staff Department on Vessels 46 U.S.C. 8302(e) 250 1.01764 254 Officer's Competency Certificates 46 U.S.C. 8304(d) 250 1.01764 254 Coastwise Pilotage; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge 46 U.S.C. 8502(e) 18,943 1.01764 19,277 Coastwise Pilotage; Individual 46 U.S.C. 8502(f) 18,943 1.01764 19,277 Federal Pilots 46 U.S.C. 8503 60,039 1.01764 61,098 Merchant Mariners Documents 46 U.S.C. 8701(d) 1,251 1.01764 1,273 Crew Requirements 46 U.S.C. 8702(e) 18,943 1.01764 19,277 Small Vessel Manning 46 U.S.C. 8906 39,936 1.01764 40,640 Pilotage: Great Lakes; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge 46 U.S.C. 9308(a) 18,943 1.01764 19,277 Pilotage: Great Lakes; Individual 46 U.S.C. 9308(b) 18,943 1.01764 19,277 Pilotage: Great Lakes; Violation of 9303 46 U.S.C. 9308(c) 18,943 1.01764 19,277 Failure to Report Sexual Offense 46 U.S.C. 10104(b) 10,067 1.01764 10,245 Pay Advances to Seamen 46 U.S.C. 10314(a)(2) 1,251 1.01764 1,273 Pay Advances to Seamen; Remuneration for Employment 46 U.S.C. 10314(b) 1,251 1.01764 1,273 Allotment to Seamen 46 U.S.C. 10315(c) 1,251 1.01764 1,273 Seamen Protection; General 46 U.S.C. 10321 8,678 1.01764 8,831 Coastwise Voyages: Advances 46 U.S.C. 10505(a)(2) 8,678 1.01764 8,831 Coastwise Voyages: Advances; Remuneration for Employment 46 U.S.C. 10505(b) 8,678 1.01764 8,831 Coastwise Voyages: Seamen Protection; General 46 U.S.C. 10508(b) 8,678 1.01764 8,831 Effects of Deceased Seamen 46 U.S.C. 10711 501 1.01764 510 Complaints of Unfitness 46 U.S.C. 10902(a)(2) 1,251 1.01764 1,273 Proceedings on Examination of Vessel 46 U.S.C. 10903(d) 250 1.01764 254 Permission to Make Complaint 46 U.S.C. 10907(b) 1,251 1.01764 1,273 Accommodations for Seamen 46 U.S.C. 11101(f) 1,251 1.01764 1,273 Medicine Chests on Vessels 46 U.S.C. 11102(b) 1,251 1.01764 1,273 Destitute Seamen 46 U.S.C. 11104(b) 250 1.01764 254 Wages on Discharge 46 U.S.C. 11105(c) 1,251 1.01764 1,273 Log Books; Master Failing to Maintain 46 U.S.C. 11303(a) 501 1.01764 510 Log Books; Master Failing to Make Entry 46 U.S.C. 11303(b) 501 1.01764 510 Log Books; Late Entry 46 U.S.C. 11303(c) 375 1.01764 382 Carrying of Sheath Knives 46 U.S.C. 11506 125 1.01764 127 Vessel Documentation 46 U.S.C. 12151(a)(1) 16,398 1.01764 16,687 Documentation of Vessels—Related to Activities involving mobile offshore drilling units 46 U.S.C. 12151(a)(2) 27,331 1.01764 27,813 Vessel Documentation; Fishery Endorsement 46 U.S.C. 12151(c) 125,314 1.01764 127,525 Numbering of Undocumented Vessels—Willful violation 46 U.S.C. 12309(a) 12,519 1.01764 12,740 Numbering of Undocumented Vessels 46 U.S.C. 12309(b) 2,505 1.01764 2,549 Vessel Identification System 46 U.S.C. 12507(b) 21,039 1.01764 21,410 Measurement of Vessels 46 U.S.C. 14701 45,855 1.01764 46,664 Measurement; False Statements 46 U.S.C. 14702 45,855 1.01764 46,664 Commercial Instruments and Maritime Liens 46 U.S.C. 31309 21,039 1.01764 21,410 Commercial Instruments and Maritime Liens; Mortgagor 46 U.S.C. 31330(a)(2) 21,039 1.01764 21,410 Commercial Instruments and Maritime Liens; Violation of 31329 46 U.S.C. 31330(b)(2) 52,596 1.01764 53,524 Ports and Waterway Safety Regulations 46 U.S.C. 70036(a); 33 CFR 27.3 94,219 1.01764 95,881 Vessel Navigation: Regattas or Marine Parades; Unlicensed Person in Charge 46 U.S.C. 70041(d)(1)(B); 33 CFR 27.3 9,472 1.01764 9,639 Vessel Navigation: Regattas or Marine Parades; Owner Onboard Vessel 46 U.S.C. 70041(d)(1)(C); 33 CFR 27.3 9,472 1.01764 9,639 Vessel Navigation: Regattas or Marine Parades; Other Persons 46 U.S.C. 70041(d)(1)(D); 33 CFR 27.3 4,735 1.01764 4,819 Port Security 46 U.S.C. 70119(a) 34,871 1.01764 35,486 Port Security—Continuing Violations 46 U.S.C. 70119(b) 62,656 1.01764 63,761 Maritime Drug Law Enforcement 46 U.S.C. 70506(c) 5,781 1.01764 5,883 Hazardous Materials: Related to Vessels 49 U.S.C. 5123(a)(1) 81,993 1.01764 83,439 Hazardous Materials: Related to Vessels—Penalty from Fatalities, Serious Injuries/Illness or substantial Damage to Property 49 U.S.C. 5123(a)(2) 191,316 1.01764 194,691 Hazardous Materials: Related to Vessels; Training 49 U.S.C. 5123(a)(3) 493 1.01764 502 * OMB Memorandum M-20-05, Implementation of Penalty Inflation Adjustments for 2020, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Dec. 16, 2019. Available at *https://www.whitehouse.gov/wp-content/uploads/2019/12/M-20-05.pdf.* ** Enacted under the Tariff Act; exempt from inflation adjustments. E. Transportation Security Administration The Transportation Security Administration
(TSA)is updating its civil penalties regulation in accordance with the 2015 Act. Pursuant to its statutory authority in 49 U.S.C. 46301(a)(1), (4), (5), (6), 49 U.S.C. 46301(d)(2), (8), and 49 U.S.C. 114(u), TSA may impose penalties for violations of statutes that TSA administers, including penalties for violations of implementing regulations or orders. Note that pursuant to division K, title I, sec. 1904(b)(1)(I), of Public Law 115-254, 132 Stat. 3186, 3545 (Oct. 5, 2018), the TSA Modernization Act—part of the FAA Reauthorization Act of 2018—the former 49 U.S.C. 114(v), which relates to penalties, was re-designated as 49 U.S.C. 114(u). TSA assesses these penalties for a wide variety of aviation and surface security requirements, including violations of TSA's requirements applicable to Transportation Worker Identification Credentials (TWIC), 12 as well as violations of requirements described in chapter 449 of title 49 of the United States Code. These penalties can apply to a wide variety of situations, as described in the statutory and regulatory provisions, as well as in guidance that TSA publishes. Below is a table showing the 2020 adjustment for the penalties that TSA administers. 12 *See, e.g.,* 46 U.S.C. 70105, 49 U.S.C. 46302 and 46303, and 49 U.S.C. chapter 449. Table 5—Transportation Security Administration Civil Penalties Adjustments Penalty name Citation Penalty amount as adjusted in the 2019 FR Multiplier * New penalty as adjusted by this final rule Violation of 49 U.S.C. ch. 449 (except secs. 44902, 44903(d), 44907(a)-(d)(1)(A), 44907(d)(1)(C)-(f), 44908, and 44909), or 49 U.S.C. 46302 or 46303, a regulation prescribed, or order issued thereunder by a person operating an aircraft for the transportation of passengers or property for compensation. 49 U.S.C. 46301(a)(1), (4), (5), (6); 49 U.S.C. 46301(d)(2), (8); 9 CFR 1503.401(c)(3). $34,174 (up to a total of $546,774 per civil penalty action) 1.01764 $34,777 (up to a total of $556,419 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). $13,669 (up to a total of $68,347 total for small business, $546,774 for others) 1.01764 $13,910 (up to a total of $69,553 total for small business, $556,419 for others). Violation of any other provision of title 49 U.S.C. or of 46 U.S.C. ch. 701, a regulation prescribed, or order issued thereunder. 49 U.S.C. 114(u); 49 CFR 1503.401(b). $11,698 (up to a total of $58,490 total for small businesses, $467,920 for others) 1.01764 $11,904 (up to a total of $59,522 total for small businesses, $76,174 for others). * OMB Memorandum M-20-05, Implementation of Penalty Inflation Adjustments for 2020, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Dec. 16, 2019. Available at *https://www.whitehouse.gov/wp-content/uploads/2019/12/M-20-05.pdf.* IV. Administrative Procedure Act DHS is promulgating this final rule to ensure that the amount of civil penalties that DHS assesses or enforces reflects the statutorily mandated ranges as adjusted for inflation. The 2015 Act provides a clear formula for adjustment of the civil penalties, leaving DHS and its components with little room for discretion. DHS and its components have been charged only with performing ministerial computations to determine the amounts of adjustments for inflation to civil monetary penalties. In these annual adjustments DHS is merely updating the penalty amounts by applying the cost-of-living adjustment multiplier that OMB has provided to agencies. Furthermore, the 2015 Act specifically instructed that agencies make the required annual adjustments notwithstanding section 553 of title 5 of the United States Code. Thus, as specified in the 2015 Act, the prior public notice-and-comment procedures and delayed effective date requirements of the Administrative Procedure Act
(APA)do not apply to this rule. Further, as described above, this rule makes minor amendments to the regulations to reflect changes required by clear statutory authority, and DHS finds that prior notice and comment procedures and a delayed effective date for these amendments are unnecessary. V. Regulatory Analyses A. Executive Orders 12866, 13563, and 13771 Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. OMB has not designated this final rule a “significant regulatory action” under section 3(f) of Executive Order 12866. Accordingly, OMB has not reviewed this rule. As this rule is not a significant regulatory action, this rule is exempt from the requirements of Executive Order 13771. *See* OMB's Memorandum “Guidance Implementing Executive Order 13771, Titled `Reducing Regulation and Controlling Regulatory Costs'” (April 5, 2017). This final rule makes nondiscretionary adjustments to existing civil monetary penalties in accordance with the 2015 Act and OMB guidance. 13 DHS therefore did not consider alternatives and does not have the flexibility to alter the adjustments of the civil monetary penalty amounts as provided in this rule. To the extent this final rule increases civil monetary penalties, it would result in an increase in transfers from persons or entities assessed a civil monetary penalty to the government. 13 OMB Memorandum M-20-05, Implementation of Penalty Inflation Adjustments for 2020, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Dec. 14, 2018. Available at *https://www.whitehouse.gov/wp-content/uploads/2019/12/M-20-05.pdf.* B. Regulatory Flexibility Act The Regulatory Flexibility Act applies only to rules for which an agency publishes a notice of proposed rulemaking pursuant to 5 U.S.C. 553(b). See 5 U.S.C. 601-612. The Regulatory Flexibility Act does not apply to this final rule because a notice of proposed rulemaking was not required for the reasons stated above. C. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538, requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or Tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. This final rule will not result in such an expenditure. D. Paperwork Reduction Act The provisions of the Paperwork Reduction Act of 1995, 44 U.S.C. chapter 35, and its implementing regulations, 5 CFR part 1320, do not apply to this final rule, because this final rule does not trigger any new or revised recordkeeping or reporting. VI. Signing Authorities The amendments to 19 CFR part 4 in this document are issued in accordance with 19 CFR 0.2(a), which provides that the authority of the Secretary of the Treasury with respect to CBP regulations that are not related to customs revenue functions was transferred to the Secretary of Homeland Security pursuant to Section 403(l) of the Homeland Security Act of 2002. Accordingly, this final rule to amend such regulations may be signed by the Secretary of Homeland Security (or his or her delegate). List of Subjects 6 CFR Part 27 Reporting and recordkeeping requirements, Security measures. 8 CFR Part 270 Administrative practice and procedure, Aliens, Employment, Fraud, Penalties. 8 CFR Part 274a Administrative practice and procedure, Aliens, Employment, Penalties, Reporting and recordkeeping requirements. 8 CFR Part 280 Administrative practice and procedure, Immigration, Penalties. 19 CFR Part 4 Exports, Freight, Harbors, Maritime carriers, Oil pollution, Reporting and recordkeeping requirements, Vessels. 33 CFR Part 27 Administrative practice and procedure, Penalties. 49 CFR Part 1503 Administrative practice and procedure, Investigations, Law enforcement, Penalties. Amendments to the Regulations Accordingly, for the reasons stated in the preamble, DHS is amending 6 CFR part 27, 8 CFR parts 270, 274a, and 280, 19 CFR part 4, 33 CFR part 27, and 49 CFR part 1503 as follows: Title 6—Domestic Security PART 27—CHEMICAL FACILITY ANTI-TERRORISM STANDARDS 1. The authority citation for part 27 continues to read as follows: Authority: 6 U.S.C. 624; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 114-74, 129 Stat. 599; Pub. L. 113-254, 128 Stat. 2898, as amended by Pub. L. 116-2, 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 $35,486 for each day during which the violation of the Order continues, if the violation occurred after November 2, 2015. Title 8—Aliens and Nationality PART 270—PENALTIES FOR DOCUMENT FRAUD 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 $481 and not exceeding $3,855 for each fraudulent document or each proscribed activity described in section 274C(a)(1) through (a)(4) of the Act after November 2, 2015.
(B)*First offense under section 274C(a)(5) or (a)(6).* Not less than $250 and not exceeding $2,000 for each fraudulent document or each proscribed activity described in section 274C(a)(5) or (a)(6) of the Act before March 27, 2008; not less than $275 and not exceeding $2,200 for each fraudulent document or each proscribed activity described in section 274C(a)(5) or (a)(6) of the Act on or after March 27, 2008 and on or before November 2, 2015; and not less than $407 and not exceeding $3,251 for each fraudulent document or each proscribed activity described in section 274C(a)(5) or (a)(6) of the Act after November 2, 2015.
(C)*Subsequent offenses under section 274C(a)(1) through (a)(4).* Not less than $2,200 and not more than $5,500 for each fraudulent document or each proscribed activity described in section 274C(a)(1) through (a)(4) of the Act before March 27, 2008; not less than $3,200 and not exceeding $6,500 for each fraudulent document or each proscribed activity described in section 274C(a)(1) through (a)(4) of the Act occurring on or after March 27, 2008 and on or before November 2, 2015; and not less than $3,855 and not more than $9,639 for each fraudulent document or each proscribed activity described in section 274C(a)(1) through (a)(4) of the Act after November 2, 2015.
(D)*Subsequent offenses under section 274C(a)(5) or (a)(6).* Not less than $2,000 and not more than $5,000 for each fraudulent document or each proscribed activity described in section 274C(a)(5) or (a)(6) of the Act before March 27, 2008; not less than $2,200 and not exceeding $5,500 for each fraudulent document or each proscribed activity described in section 274C(a)(5) or (a)(6) of the Act occurring on or after March 27, 2008 and on or before November 2, 2015; and not less than $3,351 and not more than $8,128 for each fraudulent document or each proscribed activity described in section 274C(a)(5) or (a)(6) of the Act after November 2, 2015. PART 274a—CONTROL OF EMPLOYMENT OF ALIENS 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 $2,332 for each violation occurring after November 2, 2015, and to an administrative order requiring the return to the individual of any amounts received in violation of this section or, if the individual cannot be located, to the general fund of the Treasury. 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 $583 and not more than $4,667 for each unauthorized alien with respect to whom the offense occurred occurring after November 2, 2015;
(B)Second offense—not less than $2,200 and not more than $5,500 for each unauthorized alien with respect to whom the second offense occurred before March 27, 2008; not less than $3,200 and not more than $6,500, for each unauthorized alien with respect to whom the second offense occurred on or after March 27, 2008 and on or before November 2, 2015; and not less than $4,667 and not more than $11,665 for each unauthorized alien with respect to whom the second offense occurred after November 2, 2015; or
(C)More than two offenses—not less than $3,300 and not more than $11,000 for each unauthorized alien with respect to whom the third or subsequent offense occurred before March 27, 2008; not less than $4,300 and not exceeding $16,000, for each unauthorized alien with respect to whom the third or subsequent offense occurred on or after March 27, 2008 and on or before November 2, 2015; and not less than $6,999 and not more than $23,331 for each unauthorized alien with respect to whom the third or subsequent offense occurred after November 2, 2015; and
(2)A respondent determined by the Service (if a respondent fails to request a hearing) or by an administrative law judge, to have failed to comply with the employment verification requirements as set forth in § 274a.2(b), shall be subject to a civil penalty in an amount of not less than $100 and not more than $1,000 for each individual with respect to whom such violation occurred before September 29, 1999; not less than $110 and not more than $1,100 for each individual with respect to whom such violation occurred on or after September 29, 1999 and on or before November 2, 2015; and not less than $234 and not more than $2,332 for each individual with respect to whom such violation occurred after November 2, 2015. * * * PART 280—IMPOSITION AND COLLECTION OF FINES 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 $1,394 to $1,419.
(2)Section 234 of the Act, Penalties for non-compliance with landing requirements at designated ports of entry for aircraft transporting aliens: From $3,788 to $3,855.
(3)Section 240B(d) of the Act, Penalties for failure to depart voluntarily: From $1,597 minimum/$7,987 maximum to $1,625 minimum/$8,128 maximum.
(4)Section 243(c)(1)(A) of the Act, Penalties for violations of removal orders relating to aliens transported on vessels or aircraft, under section 241(d) of the Act, or for costs associated with removal under section 241(e) of the Act: From $3,195 to $3,251.
(5)Penalties for failure to remove alien stowaways under section 241(d)(2): From $7,987 to $8,128.
(6)Section 251(d) of the Act, Penalties for failure to report an illegal landing or desertion of alien crewmen, and for each alien not reported on arrival or departure manifest or lists required in accordance with section 251 of the Act: From $378 to $385; and penalties for use of alien crewmen for longshore work in violation of section 251(d) of the Act: From $9,472 to $9,639.
(7)Section 254(a) of the Act, Penalties for failure to control, detain, or remove alien crewmen: From $947 minimum/$5,683 maximum to $964 minimum/$5,783 maximum.
(8)Section 255 of the Act, Penalties for employment on passenger vessels of aliens afflicted with certain disabilities: From $1,895 to $1,928.
(9)Section 256 of the Act, Penalties for discharge of alien crewmen: From $2,841 minimum/$5,683 maximum to $2,891 minimum/$5,783 maximum.
(10)Section 257 of the Act, Penalties for bringing into the United States alien crewmen with intent to evade immigration laws: From $18,943 maximum to $19,277 maximum.
(11)Section 271(a) of the Act, Penalties for failure to prevent the unauthorized landing of aliens: From $5,683 to $5,783.
(12)Section 272(a) of the Act, Penalties for bringing to the United States aliens subject to denial of admission on a health-related ground: From $5,683 to $5,783.
(13)Section 273(b) of the Act, Penalties for bringing to the United States aliens without required documentation: From $5,683 to $5,783.
(14)Section 274D of the Act, Penalties for failure to depart: From $799 maximum to $813 maximum, for each day the alien is in violation.
(15)Section 275(b) of the Act, Penalties for improper entry: From $80 minimum/$400 maximum to $81 minimum/$407 maximum, for each entry or attempted entry. Title 19—Customs Duties PART 4—VESSELS IN FOREIGN AND DOMESTIC TRADES 10. The authority citation for part 4 continues to read in part as follows: Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624, 2071 note; 46 U.S.C. 501, 60105. Sections 4.80, 4.80a, and 4.80b also issued under 19 U.S.C. 1706a; 28 U.S.C. 2461 note; 46 U.S.C. 12112, 12117, 12118, 50501-55106, 55107, 55108, 55110, 55114, 55115, 55116, 55117, 55119, 56101, 55121, 56101, 57109; Public Law 108-7, Division B, Title II, § 211; Section 4.92 also issued under 28 U.S.C. 2461 note; 46 U.S.C. 55111; 11. In § 4.80, remove the heading from paragraph
(b)and 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 $812 for each passenger so transported and landed after November 2, 2015 (46 U.S.C. 55103, as adjusted by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015).
(i)Any vessel, entitled to be documented and not so documented, employed in a trade for which a Certificate of Documentation is issued under the vessel documentation laws (see § 4.0(c)), other than a trade covered by a registry, is liable to a civil penalty of $500 for each port at which it arrives without the proper Certificate of Documentation on or before November 2, 2015, and $1352 for each port at which it arrives without the proper Certificate of Documentation after November 2, 2015 (19 U.S.C. 1706a, as adjusted by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015). If such a vessel has on board any foreign merchandise (sea stores excepted), or any domestic taxable alcoholic beverages, on which the duty and taxes have not been paid or secured to be paid, the vessel and its cargo are subject to seizure and forfeiture. 12. In § 4.92, revise the third sentence to read as follows: § 4.92 Towing. * * * The penalties for violation of this section occurring after November 2, 2015, are a fine of from $946 to $2,976 against the owner or master of the towing vessel and a further penalty against the towing vessel of $162 per ton of the towed vessel (46 U.S.C. 55111, as adjusted by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015). Title 33—Navigation and Navigable Waters PART 27—ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION 13. The authority citation for part 27 continues to read as follows: Authority: Secs. 1-6, Pub. L. 101-410, 104 Stat. 890, as amended by Sec. 31001(s)(1), Pub. L. 104-134, 110 Stat. 1321 (28 U.S.C. 2461 note); Department of Homeland Security Delegation No. 0170.1, sec. 2 (106). 14. In § 27.3, revise the third sentence of the introductory text and table 1 to read as follows: § 27.3 Penalty adjustment table. * * * The adjusted civil penalty amounts listed in Table 1 to this section are applicable for penalty assessments issued after June 17, 2020, with respect to violations occurring after November 2, 2015. * * * Table 1 to § 27.3—Civil Monetary Penalty Inflation Adjustments U.S. code citation Civil monetary penalty description 2020 Adjusted maximum penalty amount ($) 14 U.S.C. 521(c) Saving Life and Property $10,839 14 U.S.C. 521(e) Saving Life and Property; Intentional Interference with Broadcast 1,112 14 U.S.C. 645(i) Confidentiality of Medical Quality Assurance Records (first offense) 5,444 14 U.S.C. 645(i) Confidentiality of Medical Quality Assurance Records (subsequent offenses) 36,297 19 U.S.C. 70 Obstruction of Revenue Officers by Masters of Vessels 8,116 19 U.S.C. 70 Obstruction of Revenue Officers by Masters of Vessels—Minimum Penalty 1,894 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 11,767 33 U.S.C. 474 Anchorage Ground/Harbor Regulations St. Mary's River 812 33 U.S.C. 495(b) Bridges/Failure to Comply with Regulations 29,707 33 U.S.C. 499(c) Bridges/Drawbridges 29,707 33 U.S.C. 502(c) Bridges/Failure to Alter Bridge Obstructing Navigation 29,707 33 U.S.C. 533(b) Bridges/Maintenance and Operation 29,707 33 U.S.C. 1208(a) Bridge to Bridge Communication; Master, Person in Charge or Pilot 2,164 33 U.S.C. 1208(b) Bridge to Bridge Communication; Vessel 2,164 33 U.S.C. 1321(b)(6)(B)(i) Oil/Hazardous Substances: Discharges (Class I per violation) 19,277 33 U.S.C. 1321(b)(6)(B)(i) Oil/Hazardous Substances: Discharges (Class I total under paragraph) 48,192 33 U.S.C. 1321(b)(6)(B)(ii) Oil/Hazardous Substances: Discharges (Class II per day of violation) 19,277 33 U.S.C. 1321(b)(6)(B)(ii) Oil/Hazardous Substances: Discharges (Class II total under paragraph) 240,960 33 U.S.C. 1321(b)(7)(A) Oil/Hazardous Substances: Discharges (per day of violation) Judicial Assessment 48,192 33 U.S.C. 1321(b)(7)(A) Oil/Hazardous Substances: Discharges (per barrel of oil or unit discharged) Judicial Assessment 1,928 33 U.S.C. 1321(b)(7)(B) Oil/Hazardous Substances: Failure to Carry Out Removal/Comply With Order (Judicial Assessment) 48,192 33 U.S.C. 1321(b)(7)(C) Oil/Hazardous Substances: Failure to Comply with Regulation Issued Under 1321(j) (Judicial Assessment) 48,192 33 U.S.C. 1321(b)(7)(D) Oil/Hazardous Substances: Discharges, Gross Negligence (per barrel of oil or unit discharged) Judicial Assessment 5,783 33 U.S.C. 1321(b)(7)(D) Oil/Hazardous Substances: Discharges, Gross Negligence—Minimum Penalty (Judicial Assessment) 192,768 33 U.S.C. 1322(j) Marine Sanitation Devices; Operating 8,116 33 U.S.C. 1322(j) Marine Sanitation Devices; Sale or Manufacture 21,640 33 U.S.C. 1608(a) International Navigation Rules; Operator 15,173 33 U.S.C. 1608(b) International Navigation Rules; Vessel 15,173 33 U.S.C. 1908(b)(1) Pollution from Ships; General 75,867 33 U.S.C. 1908(b)(2) Pollution from Ships; False Statement 15,173 33 U.S.C. 2072(a) Inland Navigation Rules; Operator 15,173 33 U.S.C. 2072(b) Inland Navigation Rules; Vessel 15,173 33 U.S.C. 2609(a) Shore Protection; General 53,524 33 U.S.C. 2609(b) Shore Protection; Operating Without Permit 21,410 33 U.S.C. 2716a(a) Oil Pollution Liability and Compensation 48,192 33 U.S.C. 3852(a)(1)(A) Clean Hulls; Civil Enforcement 44,124 33 U.S.C. 3852(a)(1)(A) Clean Hulls; related to false statements 58,833 33 U.S.C. 3852(c) Clean Hulls; Recreational Vessels 5,883 42 U.S.C. 9609(a) Hazardous Substances, Releases, Liability, Compensation (Class I) 58,328 42 U.S.C. 9609(b) Hazardous Substances, Releases, Liability, Compensation (Class II) 58,328 42 U.S.C. 9609(b) Hazardous Substances, Releases, Liability, Compensation (Class II subsequent offense) 174,985 42 U.S.C. 9609(c) Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment) 58,328 42 U.S.C. 9609(c) Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment subsequent offense) 174,985 46 U.S.C. 80509(a) Safe Containers for International Cargo 6,376 46 U.S.C. 70305(c) Suspension of Passenger Service 63,761 46 U.S.C. 2110(e) Vessel Inspection or Examination Fees 9,639 46 U.S.C. 2115 Alcohol and Dangerous Drug Testing 7,846 46 U.S.C. 2302(a) Negligent Operations: Recreational Vessels 7,097 46 U.S.C. 2302(a) Negligent Operations: Other Vessels 35,486 46 U.S.C. 2302(c)(1) Operating a Vessel While Under the Influence of Alcohol or a Dangerous Drug 7,846 46 U.S.C. 2306(a)(4) Vessel Reporting Requirements: Owner, Charterer, Managing Operator, or Agent 12,219 46 U.S.C. 2306(b)(2) Vessel Reporting Requirements: Master 2,444 46 U.S.C. 3102(c)(1) Immersion Suits 12,219 46 U.S.C. 3302(i)(5) Inspection Permit 2,549 46 U.S.C. 3318(a) Vessel Inspection; General 12,219 46 U.S.C. 3318(g) Vessel Inspection; Nautical School Vessel 12,219 46 U.S.C. 3318(h) Vessel Inspection; Failure to Give Notice IAW 3304(b) 2,444 46 U.S.C. 3318(i) Vessel Inspection; Failure to Give Notice IAW 3309(c) 2,444 46 U.S.C. 3318(j)(1) Vessel Inspection; Vessel ≥1600 Gross Tons 24,441 46 U.S.C. 3318(j)(1) Vessel Inspection; Vessel <1600 Gross Tons 4,888 46 U.S.C. 3318(k) Vessel Inspection; Failure to Comply with 3311(b) 24,441 46 U.S.C. 3318(l) Vessel Inspection; Violation of 3318(b)-3318(f) 12,219 46 U.S.C. 3502(e) List/count of Passengers 254 46 U.S.C. 3504(c) Notification to Passengers 25,479 46 U.S.C. 3504(c) Notification to Passengers; Sale of Tickets 1,273 46 U.S.C. 3506 Copies of Laws on Passenger Vessels; Master 510 46 U.S.C. 3718(a)(1) Liquid Bulk/Dangerous Cargo 63,699 46 U.S.C. 4106 Uninspected Vessels 10,705 46 U.S.C. 4311(b)(1) Recreational Vessels (maximum for related series of violations) 337,016 46 U.S.C. 4311(b)(1) Recreational Vessels; Violation of 4307(a) 6,740 46 U.S.C. 4311(c) Recreational Vessels 2,549 46 U.S.C. 4507 Uninspected Commercial Fishing Industry Vessels 10,705 46 U.S.C. 4703 Abandonment of Barges 1,814 46 U.S.C. 5116(a) Load Lines 11,665 46 U.S.C. 5116(b) Load Lines; Violation of 5112(a) 23,331 46 U.S.C. 5116(c) Load Lines; Violation of 5112(b) 11,665 46 U.S.C. 6103(a) Reporting Marine Casualties 40,640 46 U.S.C. 6103(b) Reporting Marine Casualties; Violation of 6104 10,705 46 U.S.C. 8101(e) Manning of Inspected Vessels; Failure to Report Deficiency in Vessel Complement 1,928 46 U.S.C. 8101(f) Manning of Inspected Vessels 19,277 46 U.S.C. 8101(g) Manning of Inspected Vessels; Employing or Serving in Capacity not Licensed by USCG 19,277 46 U.S.C. 8101(h) Manning of Inspected Vessels; Freight Vessel <100 GT, Small Passenger Vessel, or Sailing School Vessel 2,549 46 U.S.C. 8102(a) Watchmen on Passenger Vessels 2,549 46 U.S.C. 8103(f) Citizenship Requirements 1,273 46 U.S.C. 8104(i) Watches on Vessels; Violation of 8104(a) or
(b)19,277 46 U.S.C. 8104(j) Watches on Vessels; Violation of 8104(c), (d), (e), or
(h)19,277 46 U.S.C. 8302(e) Staff Department on Vessels 254 46 U.S.C. 8304(d) Officer's Competency Certificates 254 46 U.S.C. 8502(e) Coastwise Pilotage; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge 19,277 46 U.S.C. 8502(f) Coastwise Pilotage; Individual 19,277 46 U.S.C. 8503 Federal Pilots 61,098 46 U.S.C. 8701(d) Merchant Mariners Documents 1,273 46 U.S.C. 8702(e) Crew Requirements 19,277 46 U.S.C. 8906 Small Vessel Manning 40,640 46 U.S.C. 9308(a) Pilotage: Great Lakes; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge 19,277 46 U.S.C. 9308(b) Pilotage: Great Lakes; Individual 19,277 46 U.S.C. 9308(c) Pilotage: Great Lakes; Violation of 9303 19,277 46 U.S.C. 10104(b) Failure to Report Sexual Offense 10,245 46 U.S.C. 10314(a)(2) Pay Advances to Seamen 1,273 46 U.S.C. 10314(b) Pay Advances to Seamen; Remuneration for Employment 1,273 46 U.S.C. 10315(c) Allotment to Seamen 1,273 46 U.S.C. 10321 Seamen Protection; General 8,831 46 U.S.C. 10505(a)(2) Coastwise Voyages: Advances 8,831 46 U.S.C. 10505(b) Coastwise Voyages: Advances; Remuneration for Employment 8,831 46 U.S.C. 10508(b) Coastwise Voyages: Seamen Protection; General 8,831 46 U.S.C. 10711 Effects of Deceased Seamen 510 46 U.S.C. 10902(a)(2) Complaints of Unfitness 1,273 46 U.S.C. 10903(d) Proceedings on Examination of Vessel 254 46 U.S.C. 10907(b) Permission to Make Complaint 1,273 46 U.S.C. 11101(f) Accommodations for Seamen 1,273 46 U.S.C. 11102(b) Medicine Chests on Vessels 1,273 46 U.S.C. 11104(b) Destitute Seamen 254 46 U.S.C. 11105(c) Wages on Discharge 1,273 46 U.S.C. 11303(a) Log Books; Master Failing to Maintain 510 46 U.S.C. 11303(b) Log Books; Master Failing to Make Entry 510 46 U.S.C. 11303(c) Log Books; Late Entry 382 46 U.S.C. 11506 Carrying of Sheath Knives 127 46 U.S.C. 12151(a)(1) Vessel Documentation 16,687 46 U.S.C. 12151(a)(2) Documentation of Vessels—Related to activities involving mobile offshore drilling units 27,813 46 U.S.C. 12151(c) Vessel Documentation; Fishery Endorsement 127,525 46 U.S.C. 12309(a) Numbering of Undocumented Vessels—Willful violation 12,740 46 U.S.C. 12309(b) Numbering of Undocumented Vessels 2,549 46 U.S.C. 12507(b) Vessel Identification System 21,410 46 U.S.C. 14701 Measurement of Vessels 46,664 46 U.S.C. 14702 Measurement; False Statements 46,664 46 U.S.C. 31309 Commercial Instruments and Maritime Liens 21,410 46 U.S.C. 31330(a)(2) Commercial Instruments and Maritime Liens; Mortgagor 21,410 46 U.S.C. 31330(b)(2) Commercial Instruments and Maritime Liens; Violation of 31329 53,524 46 U.S.C. 70036(a) Ports and Waterways Safety Regulations 95,881 46 U.S.C. 70041(d)(1)(B) Vessel Navigation: Regattas or Marine Parades; Unlicensed Person in Charge 9,639 46 U.S.C. 70041(d)(1)(C) Vessel Navigation: Regattas or Marine Parades; Owner Onboard Vessel 9,639 46 U.S.C. 70041(d)(1)(D) Vessel Navigation: Regattas or Marine Parades; Other Persons 4,819 46 U.S.C. 70119(a) Port Security 35,486 46 U.S.C. 70119(b) Port Security—Continuing Violations 63,761 46 U.S.C. 70506 Maritime Drug Law Enforcement; Penalties 5,883 49 U.S.C. 5123(a)(1) Hazardous Materials: Related to Vessels—Maximum Penalty 83,439 49 U.S.C. 5123(a)(2) Hazardous Materials: Related to Vessels—Penalty from Fatalities, Serious Injuries/Illness or Substantial Damage to Property 194,691 49 U.S.C. 5123(a)(3) Hazardous Materials: Related to Vessels—Training 502 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), (2), and
(3)to read as follows: § 1503.401 Maximum penalty amounts.
(b)* * *
(1)For violations that occurred on or before November 2, 2015, $10,000 per violation, up to a total of $50,000 per civil penalty action, in the case of an individual or small business concern, as defined in section 3 of the Small Business Act (15 U.S.C. 632). For violations that occurred after November 2, 2015 $11,904 per violation, up to a total of $59,522 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, $11,904 per violation, up to a total of $476,174 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, $13,910 per violation, up to a total of $69,553 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, $13,910 per violation, up to a total of $556,419 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, $34,777 per violation, up to a total of $556,419 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. Chad R. Mizelle, Senior Official Performing the Duties of the General Counsel. [FR Doc. 2020-11124 Filed 6-16-20; 8:45 am]
Connectionstraces to 127
Traces to 127 documents
U.S. Code
53 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)
  • 132 Stat. 3186
  • 9 CFR 1503.401(c)(3)
  • 49 CFR 1503.401(c)(1)
  • 49 CFR 1503.401(b)
  • 5 USC 601-612
  • 2 USC 1531-1538
+ 13 more
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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 113-254
U.S.C.§ 1221
U.S.C.§ 1224
U.S.C.§ 1229c
U.S.C.§ 1253
Cite6 CFR 27
Cite19 CFR 4
Cite33 CFR 27
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