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Code · REGISTER · 2022-01-11 · PROPOSED RULES · Agriculture Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1392-1393 2022-00293 Performance Review Board Membership, 1392 2022-00291 Am · Unknown

Unknown. Final rule

12,466 words·~57 min read·/register/2022/01/11/2022-00105

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-2022-01-11.xml --- 87 7 Tuesday, January 11, 2022 Contents Agriculture Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1392-1393 2022-00293 Performance Review Board Membership, 1392 2022-00291 American American Battle Monuments Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Qualitative Feedback on Agency Service Delivery, 1393-1394 2022-00285 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 1414-1416 2022-00343 2022-00344 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Judicial, Court, and Attorney Measures of Performance, 1416-1417 2022-00238 Civil Rights Civil Rights Commission NOTICES Meetings: New Mexico Advisory Committee, 1394 2022-00290 Coast Guard Coast Guard RULES Civil Monetary Penalty Inflation Adjustment, 1317-1330 2022-00105 Regulated Navigation Areas:
NW Natural PGM Site, Willamette River, Portland OR, 1354-1356 2022-00199 PROPOSED RULES User Fees for Inspected Towing Vessels, 1378-1390 2022-00200 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1429-1431 2022-00297 2022-00298 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Court Court Services and Offender Supervision Agency for the District of Columbia NOTICES Privacy Act;
System of Records, 1402-1409 2021-28122 2021-28135 Defense Department Defense Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certain Federal Acquisition Regulation Part 22 Labor Requirements, 1413-1414 2022-00341 Drug Drug Enforcement Administration NOTICES Importer, Manufacturer or Bulk Manufacturer of Controlled Substances; Application, Registration, etc.: Curia Missouri, Inc., 1434-1435 2022-00325 Johnson Matthey, Inc., 1435 2022-00326 Nexus Pharmaceuticals, Inc., 1435 2022-00329 Education Department Education Department NOTICES Submission of Data by State Educational Agencies:
Submission Dates for State Revenue and Expenditure Reports for Fiscal Year 2021, Revisions to Those Reports, and Revisions to Prior Fiscal Year Reports, 1409-1410 2022-00309 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Pell Grants and the Payment of Unemployment Benefits to Individuals in Approved Training, 1438-1439 2022-00274 Meetings: Advisory Committee on Apprenticeship, 1437-1438 2022-00273 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program:
Test Procedure for Consumer Water Heaters and Residential-Duty Commercial Water Heaters, 1554-1614 2021-27004 NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Oak Ridge, 1410-1411 2022-00331 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: North Carolina; Mecklenburg General Provisions, 1356-1358 2022-00029 North Carolina; Minor Revisions to Cotton Ginning Operations Rule, 1358-1360 2022-00030 Pesticide Tolerance;
Exemptions, Petitions, Revocations, etc.: Acetic acid ethenyl ester, polymer with ethene, N-(hydroxymethyl)-2-propenamide, and 2-propenamide; (AM-E-NMA-VA), 1360-1363 2022-00312 Trifloxystrobin, 1363-1367 2022-00311 PROPOSED RULES National Emission Standards for Hazardous Air Pollutants: Primary Copper Smelting Residual Risk and Technology Review and Primary Copper Smelting Area Source Technology Review, 1616-1655 2021-28273 Farm Credit Farm Credit Administration RULES Rules of Practice and Procedure;
Adjusting Civil Money Penalties for Inflation, 1331-1332 2022-00307 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.) Airplanes, 1333-1335 2021-28579 Bombardier, Inc., Airplanes, 1346-1349, 1352-1354 2021-28567 2021-28597 General Electric Company Turbofan Engines, 1343-1346 2022-00049 Saab AB, Support and Services (Formerly Known as Saab AB, Saab Aeronautics) Airplanes, 1335-1338 2021-28580 The Boeing Company Airplanes, 1338-1340, 1349-1352 2022-00031 2022-00038 Vulcanair S.p.A.
Airplanes, 1340-1343 2022-00056 NOTICES Airport Property: Kansas City International Airport, Kansas City, MO, 1474-1475 2022-00287 Saline County Regional Airport, Benton, AR, 1474 2022-00241 Federal Deposit Federal Deposit Insurance Corporation NOTICES Civil Monetary Penalty Inflation Adjustment, 1411-1413 2022-00286 Federal Energy Federal Energy Regulatory Commission RULES Safety of Water Power Projects and Project Works, 1490-1520 2021-27736 Federal Maritime Federal Maritime Commission NOTICES Filing of Complaint and Assignment:
CCMA, LLC, Complainant v. Safmarine, Inc. and Ports America Chesapeake, LLC, Respondents, 1413 2022-00249 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications: Vision, 1475-1476 2022-00247 Federal Railroad Federal Railroad Administration NOTICES Petition for Waiver of Compliance, 1476-1477 2022-00345 Financial Crimes Financial Crimes Enforcement Network NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Renewal Without Change of Reports of Transactions with Foreign Financial Agencies, 1479-1484 2022-00332 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Removal of 23 Extinct Species from the Lists of Endangered and Threatened Wildlife and Plants; Ivory-billed Woodpecker, 1390-1391 2022-00322 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Drug Supply Chain Security Act Implementation, 1419-1421 2022-00327 Guidance:
Permanent Discontinuance or Interruption in Manufacturing of a Device under the Federal Food, Drug, and Cosmetic Act, 1417-1419 2022-00321 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity: Lilly del Caribe, Inc. (Pharmaceutical Products), Foreign-Trade Zone 7, Carolina, Puerto Rico, 1394 2022-00314 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certain Federal Acquisition Regulation Part 22 Labor Requirements, 1413-1414 2022-00341 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See Inspector General Office, Health and Human Services Department See National Institutes of Health NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 1422-1423 2022-00237 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Telehealth Resource Center Performance Measurement Tool, 1421-1422 2022-00328 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration See U.S. Customs and Border Protection RULES Civil Monetary Penalty Inflation Adjustment, 1317-1330 2022-00105 NOTICES Meetings:
President's National Security Telecommunications Advisory Committee, 1432 2022-00278 Industry Industry and Security Bureau NOTICES Meetings: Sensors and Instrumentation Technical Advisory Committee, 1394-1395 2022-00243 Inspector General Health Inspector General Office, Health and Human Services Department RULES Medicare and State Health Care Programs: Fraud and Abuse; Procedures Regarding the Submission of Advisory Opinion Requests to, and the Issuance of Advisory Opinions by, Office of Inspector General, 1367-1369 2022-00313 Interior Interior Department See Fish and Wildlife Service See National Park Service See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 1484-1486 2022-00330 2022-00335 2022-00338 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Advance Notification of Sunset Review, 1400-1401 R1-2021-28406 Certain Aluminum Foil from the People's Republic of China; Correction, 1395-1396 2022-00282 Certain Uncoated Paper from Brazil, 1395 2022-00315 Opportunity to Request Administrative Review and Join Annual Inquiry Service List, 1396-1400 R1-2021-28404 International Trade Com International Trade Commission NOTICES Investigations;
Determinations, Modifications, and Rulings, etc.: Certain Vacuum Insulated Flasks and Components Thereof, 1433-1434 2022-00281 Justice Department Justice Department See Drug Enforcement Administration NOTICES Privacy Act; Systems of Records, 1436-1437 2022-00240 Labor Department Labor Department See Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Statement of Recovery Forms, 1439 2022-00275 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Certain Federal Acquisition Regulation Part 22 Labor Requirements, 1413-1414 2022-00341 Requirement for Recipients of Financial Assistance Awards to Obtain a Quotation from Small and/or Minority Businesses, Women's Business Enterprises and Labor Surplus Area Firms, 1439-1440 2022-00302 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 1424-1425, 1428-1429 2022-00260 2022-00270 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 1426-1427 2022-00257 2022-00306 National Cancer Institute, 1426 2022-00258 National Heart, Lung, and Blood Institute, 1424, 1427-1428 2022-00253 2022-00303 2022-00308 National Institute of Allergy and Infectious Diseases, 1427 2022-00295 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 1424 2022-00269 National Institute of Environmental Health Sciences, 1425 2022-00271 National Institute of Mental Health, 1426 2022-00304 National Institute of Neurological Disorders and Stroke, 1427 2022-00299 National Institute on Alcohol Abuse and Alcoholism, 1428 2022-00305 National Oceanic National Oceanic and Atmospheric Administration NOTICES Magnuson-Stevens Fishery Conservation and Management Act:
General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit, 1401-1402 2022-00310 Permits; Applications, Issuances, etc.: Marine Mammals and Endangered Species, 1401 2022-00294 National Park National Park Service PROPOSED RULES Mount Rainier National Park: Fishing, 1374-1378 2022-00231 NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 1432-1433 2022-00250 National Science National Science Foundation NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Convergence Accelerator Evaluation and Monitoring Plan, 1440-1441 2022-00336 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Oklo Power LLC, a subsidiary of Oklo Inc. Oklo Aurora Combined License Application Idaho National Laboratory, 1441-1444 2022-00339 Postal Regulatory Postal Regulatory Commission NOTICES Postal Service Performance Report and Performance Plan, 1444-1445 2022-00340 Railroad Retirement Railroad Retirement Board NOTICES Meetings;
Sunshine Act, 1445 2022-00412 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1445-1446, 1460-1463, 1465-1466, 1469-1470 2022-00251 2022-00252 2022-00254 2022-00255 2022-00256 2022-00259 Application: ETF Opportunities Trust and Applied Finance Advisors, LLC, 1456-1457 2022-00242 HPS Corporate Lending Fund, et al., 1446-1451 2022-00244 Self-Regulatory Organizations; Proposed Rule Changes: ICE Clear Europe Ltd., 1457-1460 2022-00267 New York Stock Exchange LLC, 1463-1464 2022-00266 NYSE American LLC, 1453-1454, 1461-1462 2022-00263 2022-00264 NYSE Arca, Inc., 1451-1453, 1455-1456 2022-00261 2022-00262 NYSE Chicago, Inc., 1468-1469 2022-00268 NYSE National, Inc., 1466-1467 2022-00265 State Department State Department NOTICES Culturally Significant Object Being Imported for Exhibition:
Meret Oppenheim: My Exhibition, 1470 2022-00272 Surface Mining Surface Mining Reclamation and Enforcement Office PROPOSED RULES Regulatory Program: Kentucky, 1370-1372 2022-00323 Montana, 1372-1374 2022-00324 Susquehanna Susquehanna River Basin Commission NOTICES Grandfathering Registration, 1470 2022-00318 Hearings, 1471-1472 2022-00320 Projects Approved for Consumptive Uses of Water, 1472-1473 2022-00317 Projects Approved: Minor Modifications, 1470-1471 2022-00316 Trade Representative Trade Representative, Office of United States NOTICES Requests for Nominations:
Trade Advisory Committee on Africa, 1473-1474 2022-00245 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1477-1479 2022-00334 Security Transportation Security Administration RULES Civil Monetary Penalty Inflation Adjustment, 1317-1330 2022-00105 Treasury Treasury Department See Financial Crimes Enforcement Network See Internal Revenue Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Foreign Tax Credit, 1486 2022-00277 Customs U.S. Customs and Border Protection RULES Civil Monetary Penalty Inflation Adjustment, 1317-1330 2022-00105 Veteran Affairs Veterans Affairs Department PROPOSED RULES Schedule for Rating Disabilities: The Digestive System, 1522-1551 2021-28314 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Advertising, Sales, Enrollment Materials, and Candidate Handbooks, 1487-1488 2022-00346 Architect-Engineer Fee Proposal, Contractor Production Report, 1486-1487 2022-00296 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, Specially Adaptive Housing Assistive Technology Grants Criteria and Responses, 1487 2022-00283 Separate Parts In This Issue Part II Energy Department, Federal Energy Regulatory Commission, 1490-1520 2021-27736 Part III Veterans Affairs Department, 1522-1551 2021-28314 Part IV Energy Department, 1554-1614 2021-27004 Part V Environmental Protection Agency, 1616-1655 2021-28273 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. 87 7 Tuesday, January 11, 2022 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-AB05 Civil Monetary Penalty Adjustments for Inflation AGENCY:
Department of Homeland Security. ACTION: Final rule. SUMMARY: In this final rule, the Department of Homeland Security
(DHS)makes the 2022 annual inflation adjustment to its civil monetary penalties. On November 2, 2015, the President signed into law The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act). Pursuant to the 2015 Act, all agencies must adjust their civil monetary penalties annually and publish the adjustment in the **Federal Register** . Accordingly, this final rule adjusts the Department's civil monetary penalties for 2021 pursuant to the 2015 Act and Executive Office of the President
(EOP)Office of Management and Budget
(OMB)guidance. The new penalties will be effective for penalties assessed after January 11, 2022 whose associated violations occurred after November 2, 2015. DATES: This rule is effective on January 11, 2022. 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 On April 2, 2018, DHS made the 2018 annual inflation adjustment. 6 On April 5, 2019, DHS made the 2019 annual inflation adjustment. 7 On June 17, 2020, DHS made the 2020 annual inflation adjustment. 8 On October 18, 2021, DHS made the 2021 annual inflation adjustment. 9 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
(USCG)fall under the Tariff Act of 1930, and therefore DHS did not adjust those civil penalties in this rulemaking. 3 *See* 81 FR 42987. 4 Office of Mgmt. & Budget, Exec. Office of The President, M-16-06, Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Table A: 2016 Civil Monetary Penalty Catch-Up Adjustment Multiplier by Calendar Year, (Feb. 24, 2016) ( *https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2016/m-16-06.pdf* ). 5 *See* 82 FR 8571. 6 *See* 83 FR 13826. 7 *See* 84 FR 13499. 8 *See* 85 FR 36469. 9 *See* 86 FR 57532. II. Overview of the Final Rule This final rule makes the 2022 annual inflation adjustments to civil monetary penalties pursuant to the 2015 Act and pursuant to guidance OMB issued to agencies on December 15, 2021. 10 The penalty amounts in this final rule will be effective for penalties assessed after January 11, 2022 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. 10 Office of Mgmt. and Budget, Exec. Office of the President, M-22-07, Implementation of Penalty Inflation Adjustments for 2022, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 15, 2021) ( *https://www.whitehouse.gov/wp-content/uploads/2021/12/M-22-07.pdf* ). 11 Section 550 has since been superseded by the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014 (Pub. L. 113-254). The new legislation codified the statutory authority for the CFATS program within Title XXI of the Homeland Security Act of 2002, as amended. *See* 6 U.S.C. 621 *et seq.* Public Law 113-254 authorized the CFATS program from January 18, 2015, to January 17, 2019. Public Law 116-150 extends the CFATS program authorization to July 27, 2023. 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 2022. 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 2021 final rule,
(4)the cost-of-living adjustment multiplier for 2022 that OMB provided in its December 15, 2021, guidance, and
(5)the new 2022 adjusted penalty. The 2015 Act instructs agencies to round penalties to the nearest $1. For a more complete discussion of the method used for calculating the initial “catch-up” inflation adjustments and a component-by-component breakdown to the nature of the civil penalties and relevant legal authorities, please see the IFR preamble at 81 FR 42987-43000. III. Adjustments by Component In the following sections, we briefly describe the civil penalties that DHS and its components, the Cybersecurity and Infrastructure Security Agency (CISA), the U.S. Customs and Border Protection (CBP), the U.S. Immigration and Customs Enforcement (ICE), the U.S. Coast Guard (USCG), and the Transportation Security Administration (TSA), assess. Other components not mentioned do not impose any civil monetary penalties. We include tables at the end of each section, which list the individual adjustments for each penalty. A. Cybersecurity and Infrastructure Security Agency The Cybersecurity and Infrastructure Security Agency
(CISA)administers only one civil penalty that the 2015 Act affects. That penalty assesses fines for violations of the Chemical Facility Anti-Terrorism Standards (CFATS). CFATS is a program that regulates the security of chemical facilities that, in the discretion of the Secretary, present high levels of security risk. DHS established the CFATS program in 2007 pursuant to section 550 of the Department of Homeland Security Appropriations Act of 2007 (Pub. L. 109-295). 11 The CFATS regulation is located in part 27 of title 6 of the Code of Federal Regulations (CFR). Below is a table showing the 2022 adjustment for the CFATS penalty that CISA administers. Table 1—CFATS Civil Penalty Adjustment Penalty name Citation Penalty amount as adjusted in the 2021 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) $35,905 per day 1.06222 $38,139 per day. * Office of Mgmt. and Budget, Exec. Office of the President, M-22-07, Implementation of Penalty Inflation Adjustments for 2022, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 15, 2021) ( *https://www.whitehouse.gov/wp-content/uploads/2021/12/M-22-07.pdf* ). B. U.S. Customs and Border Protection The U.S. Customs and Border Protection
(CBP)assesses civil monetary penalties under various titles of the United States Code (U.S.C.) and the CFR. These include penalties for certain violations of title 8 of the CFR regarding the Immigration and Nationality Act of 1952 (Pub. L. 82-414, as amended) (INA). The INA contains provisions that impose penalties on persons, including carriers and aliens, who violate specified provisions of the INA. The relevant penalty provisions appear in numerous sections of the INA; however, CBP has enumerated these penalties in regulation in one location—8 CFR 280.53. For a complete list of the INA sections for which penalties are assessed, in addition to a brief description of each violation, see the 2016 IFR preamble at 81 FR 42989-42990. For a complete list and brief description of the non-INA civil monetary penalties assessed by CBP subject to adjustment and a discussion of the history of the DHS and CBP adjustments to the non-INA penalties, see the 2019 annual inflation adjustment final rule preamble at 84 FR 13499, 13500 (April 5, 2019). Below is a table showing the 2022 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 2021 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)) $1,436 1.06222 $1,525. 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) $3,901 1.06222 $4,144. Penalties for failure to depart voluntarily 8 U.S.C. 1229c(d); 8 CFR 280.53(b)(3) (INA section 240B(d)) $1,644-$8,224 1.06222 $1,746-$8,736. 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)) $3,289 1.06222 $3,494. Penalties for failure to remove alien stowaways under section 241(d)(2) of the INA 8 U.S.C. 1253(c)(1)(B); 8 CFR 280.53(b)(5) (INA section 243(c)(1)(B)) $8,224 1.06222 $8,736. 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)) $390 for each alien 1.06222 $414 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)) $9,753 1.06222 $10,360. 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)) $975-$5,851 1.06222 $1,036-$6,215. 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) $1,951 1.06222 $2,072. Penalties for discharge of alien crewmen 8 U.S.C. 1286; 8 CFR 280.53(b)(9) (INA section 256) $2,925-$5,851 1.06222 $3,107-$6,215. Penalties for bringing into the United States alien crewmen with intent to evade immigration laws 8 U.S.C. 1287; 8 CFR 280.53(b)(10) (INA section 257) $19,505 1.06222 $20,719. 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)) $5,851 1.06222 $6,215. 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)) $5,851 1.06222 $6,215. 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)) $5,851 1.06222 $6,215. Penalties for failure to depart 8 U.S.C. 1324d; 8 CFR 280.53(b)(14) (INA section 274D) $823 1.06222 $874. Penalties for improper entry 8 U.S.C. 1325(b); 8 CFR 280.53(b)(15) (INA section 275(b)) $82-$412 1.06222 $87-$438. Penalty for dealing in or using empty stamped imported liquor containers 19 U.S.C. 469 $546 1.06222 ** $580. Penalty for employing a vessel in a trade without a required Certificate of Documentation 19 U.S.C. 1706a; 19 CFR 4.80(i) $1,368 1.06222 $1,453. 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) $546 1.06222 ** $580. 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) $822 1.06222 $873. 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 $957-$3,011, plus $164 per ton 1.06222 $1,017-$3,198 plus $174 per ton. * Office of Mgmt. and Budget, Exec. Office of the President, M-22-07, Implementation of Penalty Inflation Adjustments for 2022, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 15, 2021) ( *https://www.whitehouse.gov/wp-content/uploads/2021/12/M-22-07.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 2022 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 2021 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) $1,644-$8,224 1.06222 $1,746-$8,736. Civil penalties for violation of INA sections 274C(a)(1)-(a)(4), penalty for first offense 8 CFR 270.3(b)(1)(ii)(A) $487-$3,901 1.06222 $517-$4,144. Civil penalties for violation of INA sections 274C(a)(5)-(a)(6), penalty for first offense 8 CFR 270.3(b)(1)(ii)(B) $412-$3,289 1.06222 $438-$3,494. Civil penalties for violation of INA sections 274C(a)(1)-(a)(4), penalty for subsequent offenses 8 CFR 270.3(b)(1)(ii)(C) $3,901-$9,753 1.06222 $4,144-$10,360. Civil penalties for violation of INA sections 274C(a)(5)-(a)(6), penalty for subsequent offenses 8 CFR 270.3(b)(1)(ii)(D) $3,289-$8,224 1.06222 $3,494-$8,736. Violation/prohibition of indemnity bonds 8 CFR 274a.8(b) $2,360 1.06222 $2,507. 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) $590-$4,722 1.06222 $627-$5,016. Penalty for second offense (per unauthorized alien) 8 CFR 274a.10(b)(1)(ii)(B) $4,722-$11,803 1.06222 $5,016-$12,537. Penalty for third or subsequent offense (per unauthorized alien) 8 CFR 274a.10(b)(1)(ii)(C) $7,082-$23,607 1.06222 $7,523-$25,076. Civil penalties for I-9 paperwork violations 8 CFR 274a.10(b)(2) $237-$2,360 1.06222 $252-$2,507. Civil penalties for failure to depart, INA section 274D 8 U.S.C. 1324d; 8 CFR 280.53(b)(14) $823 1.06222 $874. * Office of Mgmt. and Budget, Exec. Office of the President, M-22-07, Implementation of Penalty Inflation Adjustments for 2022, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 15, 2021) ( *https://www.whitehouse.gov/wp-content/uploads/2021/12/M-22-07.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 U.S.C. authorize these penalties. Titles 33 and 46 authorize the vast majority of these penalties as these statutes deal with navigation, navigable waters, and shipping. For a complete discussion of the civil monetary penalties assessed by the Coast Guard, see the 2016 IFR preamble at 81 FR 42992. The Coast Guard has identified the penalties it administers, adjusted those penalties for inflation, and is listing those new penalties in a table located in the CFR—specifically, Table 1 in 33 CFR 27.3. Table 1 in 33 CFR 27.3 identifies the statutes that provide the Coast Guard with civil monetary penalty authority and sets out the inflation-adjusted maximum penalty that the Coast Guard may impose pursuant to each statutory provision. Table 1 in 33 CFR 27.3 provides the current maximum penalty for violations that occurred after November 2, 2015. The 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 2022 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 2021 FR Multiplier * New penalty as adjusted by this final rule Saving Life and Property 14 U.S.C. 521(c) $10,967 1.06222 $11,649 Saving Life and Property; Intentional Interference with Broadcast 14 U.S.C. 521(e) 1,125 1.06222 1,195 Confidentiality of Medical Quality Assurance Records (first offense) 14 U.S.C. 936(i); 33 CFR 27.3 5,508 1.06222 5,851 Confidentiality of Medical Quality Assurance Records (subsequent offenses) 14 U.S.C. 936(i); 33 CFR 27.3 36,726 1.06222 39,011 Obstruction of Revenue Officers by Masters of Vessels 19 U.S.C. 70; 33 CFR 27.3 8,212 1.06222 8,723 Obstruction of Revenue Officers by Masters of Vessels-Minimum Penalty 19 U.S.C. 70; 33 CFR 27.3 1,916 1.06222 2,035 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 11,906 1.06222 12,647 Anchorage Ground/Harbor Regulations St. Mary's river 33 U.S.C. 474; 33 CFR 27.3 822 1.06222 873 Bridges/Failure to Comply with Regulations 33 U.S.C. 495(b); 33 CFR 27.3 30,058 1.06222 31,928 Bridges/Drawbridges 33 U.S.C. 499(c); 33 CFR 27.3 30,058 1.06222 31,928 Bridges/Failure to Alter Bridge Obstructing Navigation 33 U.S.C. 502(c); 33 CFR 27.3 30,058 1.06222 31,928 Bridges/Maintenance and Operation 33 U.S.C. 533(b); 33 CFR 27.3 30,058 1.06222 31,928 Bridge to Bridge Communication; Master, Person in Charge or Pilot 33 U.S.C. 1208(a); 33 CFR 27.3 2,190 1.06222 2,326 Bridge to Bridge Communication; Vessel 33 U.S.C. 1208(b); 33 CFR 27.3 2,190 1.06222 2,326 Oil/Hazardous Substances: Discharges (Class I per violation) 33 U.S.C. 1321(b)(6)(B)(i); 33 CFR 27.3 19,505 1.06222 20,719 Oil/Hazardous Substances: Discharges (Class I total under paragraph) 33 U.S.C. 1321(b)(6)(B)(i); 33 CFR 27.3 48,762 1.06222 51,796 Oil/Hazardous Substances: Discharges (Class II per day of violation) 33 U.S.C. 1321(b)(6)(B)(ii); 33 CFR 27.3 19,505 1.06222 20,719 Oil/Hazardous Substances: Discharges (Class II total under paragraph) 33 U.S.C. 1321(b)(6)(B)(ii); 33 CFR 27.3 243,808 1.06222 258,978 Oil/Hazardous Substances: Discharges (per day of violation) Judicial Assessment 33 U.S.C. 1321(b)(7)(A); 33 CFR 27.3 48,762 1.06222 51,796 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 1,951 1.06222 2,072 Oil/Hazardous Substances: Failure to Carry Out Removal/Comply With Order (Judicial Assessment) 33 U.S.C. 1321(b)(7)(B); 33 CFR 27.3 48,762 1.06222 51,796 Oil/Hazardous Substances: Failure to Comply with Regulation Issued Under 1321(j) (Judicial Assessment) 33 U.S.C. 1321(b)(7)(C); 33 CFR 27.3 48,762 1.06222 51,796 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 5,851 1.06222 6,215 Oil/Hazardous Substances: Discharges, Gross Negligence-Minimum Penalty (Judicial Assessment) 33 U.S.C. 1321(b)(7)(D); 33 CFR 27.3 195,047 1.06222 207,183 Marine Sanitation Devices; Operating 33 U.S.C. 1322(j); 33 CFR 27.3 8,212 1.06222 8,723 Marine Sanitation Devices; Sale or Manufacture 33 U.S.C. 1322(j); 33 CFR 27.3 21,896 1.06222 23,258 International Navigation Rules; Operator 33 U.S.C. 1608(a); 33 CFR 27.3 15,352 1.06222 16,307 International Navigation Rules; Vessel 33 U.S.C. 1608(b); 33 CFR 27.3 15,352 1.06222 16,307 Pollution from Ships; General 33 U.S.C. 1908(b)(1); 33 CFR 27.3 76,764 1.06222 81,540 Pollution from Ships; False Statement 33 U.S.C. 1908(b)(2); 33 CFR 27.3 15,352 1.06222 16,307 Inland Navigation Rules; Operator 33 U.S.C. 2072(a); 33 CFR 27.3 15,352 1.06222 16,307 Inland Navigation Rules; Vessel 33 U.S.C. 2072(b); 33 CFR 27.3 15,352 1.06222 16,307 Shore Protection; General 33 U.S.C. 2609(a); 33 CFR 27.3 54,157 1.06222 57,527 Shore Protection; Operating Without Permit 33 U.S.C. 2609(b); 33 CFR 27.3 21,663 1.06222 23,011 Oil Pollution Liability and Compensation 33 U.S.C. 2716a(a); 33 CFR 27.3 48,762 1.06222 51,796 Clean Hulls 33 U.S.C. 3852(a)(1)(A); 33 CFR 27.3 44,646 1.06222 47,424 Clean Hulls-related to false statements 33 U.S.C. 3852(a)(1)(A); 33 CFR 27.3 59,528 1.06222 63,232 Clean Hulls-Recreational Vessel 33 U.S.C. 3852(c); 33 CFR 27.3 5,953 1.06222 6,323 Hazardous Substances, Releases, Liability, Compensation (Class I) 42 U.S.C. 9609(a); 33 CFR 27.3 59,017 1.06222 62,689 Hazardous Substances, Releases, Liability, Compensation (Class II) 42 U.S.C. 9609(b); 33 CFR 27.3 59,017 1.06222 62,689 Hazardous Substances, Releases, Liability, Compensation (Class II subsequent offense) 42 U.S.C. 9609(b); 33 CFR 27.3 177,053 1.06222 188,069 Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment) 42 U.S.C. 9609(c); 33 CFR 27.3 59,017 1.06222 62,689 Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment subsequent offense) 42 U.S.C. 9609(c); 33 CFR 27.3 177,053 1.06222 188,069 Safe Containers for International Cargo 46 U.S.C. 80509; 33 CFR 27.3 6,451 1.06222 6,852 Suspension of Passenger Service 46 U.S.C. 70305; 33 CFR 27.3 64,515 1.06222 68,529 Vessel Inspection or Examination Fees 46 U.S.C. 2110(e); 33 CFR 27.3 9,753 1.06222 10,360 Alcohol and Dangerous Drug Testing 46 U.S.C. 2115; 33 CFR 27.3 7,939 1.06222 8,433 Negligent Operations: Recreational Vessels 46 U.S.C. 2302(a); 33 CFR 27.3 7,181 1.06222 7,628 Negligent Operations: Other Vessels 46 U.S.C. 2302(a); 33 CFR 27.3 35,905 1.06222 38,139 Operating a Vessel While Under the Influence of Alcohol or a Dangerous Drug 46 U.S.C. 2302(c)(1); 33 CFR 27.3 7,939 1.06222 8,433 Vessel Reporting Requirements: Owner, Charterer, Managing Operator, or Agent 46 U.S.C. 2306(a)(4); 33 CFR 27.3 12,363 1.06222 13,132 Vessel Reporting Requirements: Master 46 U.S.C. 2306(b)(2); 33 CFR 27.3 2,473 1.06222 2,627 Immersion Suits 46 U.S.C. 3102(c)(1); 33 CFR 27.3 12,363 1.06222 13,132 Inspection Permit 46 U.S.C. 3302(i)(5); 33 CFR 27.3 2,579 1.06222 2,739 Vessel Inspection; General 46 U.S.C. 3318(a); 33 CFR 27.3 12,363 1.06222 13,132 Vessel Inspection; Nautical School Vessel 46 U.S.C. 3318(g); 33 CFR 27.3 12,363 1.06222 13,132 Vessel Inspection; Failure to Give Notice in accordance with
(IAW)3304(b) 46 U.S.C. 3318(h); 33 CFR 27.3 2,473 1.06222 2,627 Vessel Inspection; Failure to Give Notice IAW 3309(c) 46 U.S.C. 3318(i); 33 CFR 27.3 2,473 1.06222 2,627 Vessel Inspection; Vessel ≥1600 Gross Tons 46 U.S.C. 3318(j)(1); 33 CFR 27.3 24,730 1.06222 26,269 Vessel Inspection; Vessel <1600 Gross Tons
(GT)46 U.S.C. 3318(j)(1); 33 CFR 27.3 4,946 1.06222 5,254 Vessel Inspection; Failure to Comply with 3311(b) 46 U.S.C. 3318(k); 33 CFR 27.3 24,730 1.06222 26,269 Vessel Inspection; Violation of 3318(b)-3318(f) 46 U.S.C. 3318(l); 33 CFR 27.3 12,363 1.06222 13,132 List/count of Passengers 46 U.S.C. 3502(e); 33 CFR 27.3 257 1.06222 273 Notification to Passengers 46 U.S.C. 3504(c); 33 CFR 27.3 25,780 1.06222 27,384 Notification to Passengers; Sale of Tickets 46 U.S.C. 3504(c); 33 CFR 27.3 1,288 1.06222 1,368 Copies of Laws on Passenger Vessels; Master 46 U.S.C. 3506; 33 CFR 27.3 516 1.06222 548 Liquid Bulk/Dangerous Cargo 46 U.S.C. 3718(a)(1); 33 CFR 27.3 64,452 1.06222 68,462 Uninspected Vessels 46 U.S.C. 4106; 33 CFR 27.3 10,832 1.06222 11,506 Recreational Vessels (maximum for related series of violations) 46 U.S.C. 4311(b)(1); 33 CFR 27.3 341,000 1.06222 362,217 Recreational Vessels; Violation of 4307(a) 46 U.S.C. 4311(b)(1); 33 CFR 27.3 6,820 1.06222 7,244 Recreational vessels 46 U.S.C. 4311(c); 33 CFR 27.3 2,579 1.06222 2,739 Uninspected Commercial Fishing Industry Vessels 46 U.S.C. 4507; 33 CFR 27.3 10,832 1.06222 11,506 Abandonment of Barges 46 U.S.C. 4703; 33 CFR 27.3 1,835 1.06222 1,949 Load Lines 46 U.S.C. 5116(a); 33 CFR 27.3 11,803 1.06222 12,537 Load Lines; Violation of 5112(a) 46 U.S.C. 5116(b); 33 CFR 27.3 23,607 1.06222 25,076 Load Lines; Violation of 5112(b) 46 U.S.C. 5116(c); 33 CFR 27.3 11,803 1.06222 12,537 Reporting Marine Casualties 46 U.S.C. 6103(a); 33 CFR 27.3 41,120 1.06222 43,678 Reporting Marine Casualties; Violation of 6104 46 U.S.C. 6103(b); 33 CFR 27.3 10,832 1.06222 11,506 Manning of Inspected Vessels; Failure to Report Deficiency in Vessel Complement 46 U.S.C. 8101(e); 33 CFR 27.3 1,951 1.06222 2,072 Manning of Inspected Vessels 46 U.S.C. 8101(f); 33 CFR 27.3 19,505 1.06222 20,719 Manning of Inspected Vessels; Employing or Serving in Capacity not Licensed by USCG 46 U.S.C. 8101(g); 33 CFR 27.3 19,505 1.06222 20,719 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 2,579 1.06222 2,739 Watchmen on Passenger Vessels 46 U.S.C. 8102(a) 2,579 1.06222 2,739 Citizenship Requirements 46 U.S.C. 8103(f) 1,288 1.06222 1,368 Watches on Vessels; Violation of 8104(a) or
(b)46 U.S.C. 8104(i) 19,505 1.06222 20,719 Watches on Vessels; Violation of 8104(c), (d), (e), or
(h)46 U.S.C. 8104(j) 19,505 1.06222 20,719 Staff Department on Vessels 46 U.S.C. 8302(e) 257 1.06222 273 Officer's Competency Certificates 46 U.S.C. 8304(d) 257 1.06222 273 Coastwise Pilotage; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge 46 U.S.C. 8502(e) 19,505 1.06222 20,719 Coastwise Pilotage; Individual 46 U.S.C. 8502(f) 19,505 1.06222 20,719 Federal Pilots 46 U.S.C. 8503 61,820 1.06222 65,666 Merchant Mariners Documents 46 U.S.C. 8701(d) 1,288 1.06222 1,368 Crew Requirements 46 U.S.C. 8702(e) 19,505 1.06222 20,719 Small Vessel Manning 46 U.S.C. 8906 41,120 1.06222 43,678 Pilotage: Great Lakes; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge 46 U.S.C. 9308(a) 19,505 1.06222 20,719 Pilotage: Great Lakes; Individual 46 U.S.C. 9308(b) 19,505 1.06222 20,719 Pilotage: Great Lakes; Violation of 9303 46 U.S.C. 9308(c) 19,505 1.06222 20,719 Failure to Report Sexual Offense 46 U.S.C. 10104(b) 10,366 1.06222 11,011 Pay Advances to Seamen 46 U.S.C. 10314(a)(2) 1,288 1.06222 1,368 Pay Advances to Seamen; Remuneration for Employment 46 U.S.C. 10314(b) 1,288 1.06222 1,368 Allotment to Seamen 46 U.S.C. 10315(c) 1,288 1.06222 1,368 Seamen Protection; General 46 U.S.C. 10321 8,935 1.06222 9,491 Coastwise Voyages: Advances 46 U.S.C. 10505(a)(2) 8,935 1.06222 9,491 Coastwise Voyages: Advances; Remuneration for Employment 46 U.S.C. 10505(b) 8,935 1.06222 9,491 Coastwise Voyages: Seamen Protection; General 46 U.S.C. 10508(b) 8,935 1.06222 9,491 Effects of Deceased Seamen 46 U.S.C. 10711 516 1.06222 548 Complaints of Unfitness 46 U.S.C. 10902(a)(2) 1,288 1.06222 1,368 Proceedings on Examination of Vessel 46 U.S.C. 10903(d) 257 1.06222 273 Permission to Make Complaint 46 U.S.C. 10907(b) 1,288 1.06222 1,368 Accommodations for Seamen 46 U.S.C. 11101(f) 1,288 1.06222 1,368 Medicine Chests on Vessels 46 U.S.C. 11102(b) 1,288 1.06222 1,368 Destitute Seamen 46 U.S.C. 11104(b) 257 1.06222 273 Wages on Discharge 46 U.S.C. 11105(c) 1,288 1.06222 1,368 Log Books; Master Failing to Maintain 46 U.S.C. 11303(a) 516 1.06222 548 Log Books; Master Failing to Make Entry 46 U.S.C. 11303(b) 516 1.06222 548 Log Books; Late Entry 46 U.S.C. 11303(c) 387 1.06222 411 Carrying of Sheath Knives 46 U.S.C. 11506 129 1.06222 137 Vessel Documentation 46 U.S.C. 12151(a)(1) 16,884 1.06222 17,935 Documentation of Vessels—Related to Activities involving mobile offshore drilling units 46 U.S.C. 12151 (a)(2) 28,142 1.06222 29,893 Vessel Documentation; Fishery Endorsement 46 U.S.C. 12151(c) 129,032 1.06222 137,060 Numbering of Undocumented Vessels—Willful violation 46 U.S.C. 12309(a) 12,891 1.06222 13,693 Numbering of Undocumented Vessels 46 U.S.C. 12309(b) 2,579 1.06222 2,739 Vessel Identification System 46 U.S.C. 12507(b) 21,663 1.06222 23,011 Measurement of Vessels 46 U.S.C. 14701 47,216 1.06222 50,154 Measurement; False Statements 46 U.S.C. 14702 47,216 1.06222 50,154 Commercial Instruments and Maritime Liens 46 U.S.C. 31309 21,663 1.06222 23,011 Commercial Instruments and Maritime Liens; Mortgagor 46 U.S.C. 31330(a)(2) 21,663 1.06222 23,011 Commercial Instruments and Maritime Liens; Violation of 31329 46 U.S.C. 31330(b)(2) 54,157 1.06222 57,527 Ports and Waterway Safety Regulations 46 U.S.C. 70036(a); 33 CFR 27.3 97,014 1.06222 103,050 Vessel Navigation: Regattas or Marine Parades; Unlicensed Person in Charge 46 U.S.C. 70041(d)(1)(B); 33 CFR 27.3 9,753 1.06222 10,360 Vessel Navigation: Regattas or Marine Parades; Owner Onboard Vessel 46 U.S.C. 70041(d)(1)(C); 33 CFR 27.3 9,753 1.06222 10,360 Vessel Navigation: Regattas or Marine Parades; Other Persons 46 U.S.C. 70041(d)(1)(D); 33 CFR 27.3 4,876 1.06222 5,179 Port Security 46 U.S.C. 70119(a) 35,905 1.06222 38,139 Port Security—Continuing Violations 46 U.S.C. 70119(b) 64,515 1.06222 68,529 Maritime Drug Law Enforcement 46 U.S.C. 70506(c) 5,953 1.06222 6,323 Hazardous Materials: Related to Vessels 49 U.S.C. 5123(a)(1) 84,425 1.06222 89,678 Hazardous Materials: Related to Vessels-Penalty from Fatalities, Serious Injuries/Illness or substantial Damage to Property 49 U.S.C. 5123(a)(2) 196,992 1.06222 209,249 Hazardous Materials: Related to Vessels; Training 49 U.S.C. 5123(a)(3) 508 1.06222 540 * Office of Mgmt. and Budget, Exec. Office of the President, M-22-07, Implementation of Penalty Inflation Adjustments for 2022, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 15, 2021) ( *https://www.whitehouse.gov/wp-content/uploads/2021/12/M-22-07.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), 13 as well as violations of requirements described in chapter 449 of title 49 of the U.S.C. These penalties can apply to a wide variety of situations, as described in the statutory and regulatory provisions, as well as in guidance that TSA publishes. Below is a table showing the 2022 adjustment for the penalties that TSA administers. 13 *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 2021 FR Multiplier * New penalty as adjusted by this final rule Violation of 49 U.S.C. ch. 449 (except secs. 44902, 44903(d), 44907(a)-(d)(1)(A), 44907(d)(1)(C)-(f), 44908, and 44909), or 49 U.S.C. 46302 or 46303, a regulation prescribed, or order issued thereunder by a person operating an aircraft for the transportation of passengers or property for compensation. 49 U.S.C. 46301(a)(1), (4), (5), (6); 49 U.S.C. 46301(d)(2), (8); 49 CFR 1503.401(c)(3). $35,188 (up to a total of $562,996 per civil penalty action) 1.06222 $37,377 (up to a total of $598,026 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). $14,074 (up to a total of $70,375 for individuals or small businesses, $562,996 for others) 1.06222 $14,950 (up to a total of $74,754 for individuals or small businesses, $598,026 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). $12,045 (up to a total of $60,226 total for individuals or small businesses, $481,802 for others) 1.06222 $12,794 (up to a total of $63,973 total for individuals or small businesses, $511,780 for others). * Office of Mgmt. and Budget, Exec. Office of the President, M-22-07, Implementation of Penalty Inflation Adjustments for 2022, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 15, 2021) ( *https://www.whitehouse.gov/wp-content/uploads/2021/12/M-22-07.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 U.S.C. Thus, as specified in the 2015 Act, the prior public notice-and-comment procedures and delayed effective date requirements of the Administrative Procedure Act
(APA)do not apply to this rule. Further, as described above, this rule makes minor amendments to the regulations to reflect changes required by clear statutory authority, and DHS finds that prior notice and comment procedures and a delayed effective date for these amendments are unnecessary. V. Regulatory Analyses A. Executive Orders 12866 and 13563 Executive Orders 12866 (“Regulatory Planning and Review”) and 13563 (“Improving Regulation and Regulatory Review”) direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. OMB has not designated this final rule a “significant regulatory action” under section 3(f) of Executive Order 12866. Accordingly, OMB has not reviewed this rule. This final rule makes nondiscretionary adjustments to existing civil monetary penalties in accordance with the 2015 Act and OMB guidance. 14 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. 14 Office of Mgmt. and Budget, Exec. Office of the President, M-22-07, Implementation of Penalty Inflation Adjustments for 2022, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 15, 2021) ( *https://www.whitehouse.gov/wp-content/uploads/2021/12/M-22-07.pdf* ). B. Regulatory Flexibility Act The Regulatory Flexibility Act applies only to rules for which an agency publishes a notice of proposed rulemaking pursuant to 5 U.S.C. 553(b). See 5 U.S.C. 601-612. The Regulatory Flexibility Act does not apply to this final rule because a notice of proposed rulemaking was not required for the reasons stated above. C. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538, requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or Tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. This final rule will not result in such an expenditure. D. Paperwork Reduction Act The provisions of the Paperwork Reduction Act of 1995, 44 U.S.C. chapter 35, and its implementing regulations, 5 CFR part 1320, do not apply to this final rule, because this final rule does not trigger any new or revised recordkeeping or reporting. VI. Signing Authorities The amendments to 19 CFR part 4 in this document are issued in accordance with 19 CFR 0.2(a), which provides that the authority of the Secretary of the Treasury with respect to CBP regulations that are not related to customs revenue functions was transferred to the Secretary of Homeland Security pursuant to Section 403(l) of the Homeland Security Act of 2002. Accordingly, this final rule to amend such regulations may be signed by the Secretary of Homeland Security (or his or her delegate). List of Subjects 6 CFR Part 27 Reporting and recordkeeping requirements, Security measures. 8 CFR Part 270 Administrative practice and procedure, Aliens, Employment, Fraud, Penalties. 8 CFR Part 274a Administrative practice and procedure, Aliens, Employment, Penalties, Reporting and recordkeeping requirements. 8 CFR Part 280 Administrative practice and procedure, Immigration, Penalties. 19 CFR Part 4 Exports, Freight, Harbors, Maritime carriers, Oil pollution, Reporting and recordkeeping requirements, Vessels. 33 CFR Part 27 Administrative practice and procedure, Penalties. 49 CFR Part 1503 Administrative practice and procedure, Investigations, Law enforcement, Penalties. Amendments to the Regulations Accordingly, for the reasons stated in the preamble, DHS is amending 6 CFR part 27, 8 CFR parts 270, 274a, and 280, 19 CFR part 4, 33 CFR part 27, and 49 CFR part 1503 as follows: Title 6—Domestic Security PART 27—CHEMICAL FACILITY ANTI-TERRORISM STANDARDS 1. The authority citation for part 27 continues to read as follows: Authority: 6 U.S.C. 624; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 114-74, 129 Stat. 599; Pub. L. 113-254, 128 Stat. 2898, as amended by Pub. L. 116-150, 134 Stat. 679. 2. In § 27.300, revise paragraph (b)(3) to read as follows: § 27.300 Orders.
(b)* * *
(3)Where the Assistant Secretary determines that a facility is in violation of an Order issued pursuant to paragraph
(a)of this section and issues an Order Assessing Civil Penalty pursuant to paragraph (b)(1) of this section, a chemical facility is liable to the United States for a civil penalty of not more than $25,000 for each day during which the violation continues, if the violation of the Order occurred on or before November 2, 2015, or $38,139 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 $517 and not exceeding $4,144 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 $438 and not exceeding $3,494 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 $4,144 and not more than $10,360 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 $3,494 and not more than $8,736 for each fraudulent document or each proscribed activity described in section 274C(a)(5) or (a)(6) of the Act after November 2, 2015. PART 274a—CONTROL OF EMPLOYMENT OF ALIENS 5. The authority citation for part 274a continues to read as follows: Authority: 8 U.S.C. 1101, 1103, 1105a, 1324a; 48 U.S.C. 1806; 8 CFR part 2; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 114-74, 129 Stat. 599. 6. In § 274a.8, revise paragraph
(b)to read as follows: § 274a.8 Prohibition of indemnity bonds.
(b)*Penalty.* Any person or other entity who requires any individual to post a bond or security as stated in this section shall, after notice and opportunity for an administrative hearing in accordance with section 274A(e)(3)(B) of the Act, be subject to a civil monetary penalty of $1,000 for each violation before September 29, 1999, of $1,100 for each violation occurring on or after September 29, 1999, but on or before November 2, 2015, and of $2,507 for each violation occurring after November 2, 2015, and to an administrative order requiring the return to the individual of any amounts received in violation of this section or, if the individual cannot be located, to the general fund of the Treasury. 7. In § 274a.10, revise paragraphs (b)(1)(ii)(A) through
(C)and the first sentence of paragraph (b)(2) introductory text to read as follows: § 274a.10 Penalties.
(b)* * *
(1)* * *
(ii)* * *
(A)First offense—not less than $275 and not more than $2,200 for each unauthorized alien with respect to whom the offense occurred before March 27, 2008; not less than $375 and not exceeding $3,200, for each unauthorized alien with respect to whom the offense occurred occurring on or after March 27, 2008, and on or before November 2, 2015; and not less than $627 and not more than $5,016 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 $5,016 and not more than $12,537 for each unauthorized alien with respect to whom the second offense occurred after November 2, 2015; or
(C)More than two offenses—not less than $3,300 and not more than $11,000 for each unauthorized alien with respect to whom the third or subsequent offense occurred before March 27, 2008; not less than $4,300 and not exceeding $16,000, for each unauthorized alien with respect to whom the third or subsequent offense occurred on or after March 27, 2008, and on or before November 2, 2015; and not less than $7,523 and not more than $25,076 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 $252 and not more than $2,507 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 $1,436 to $1,525.
(2)Section 234 of the Act, penalties for non-compliance with landing requirements at designated ports of entry for aircraft transporting aliens: From $3,901 to $4,144.
(3)Section 240B(d) of the Act, penalties for failure to depart voluntarily: From $1,644 minimum/$8,224 maximum to $1,746 minimum/$8,736 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 $3,289 to $3,494.
(5)Penalties for failure to remove alien stowaways under section 241(d)(2) of the Act: From $8,224 to $8,736.
(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 $390 to $414; and penalties for use of alien crewmen for longshore work in violation of section 251(d) of the Act: From $9,753 to $10,360.
(7)Section 254(a) of the Act, penalties for failure to control, detain, or remove alien crewmen: From $975 minimum/$5,851 maximum to $1,036 minimum/$6,215 maximum.
(8)Section 255 of the Act, penalties for employment on passenger vessels of aliens afflicted with certain disabilities: From $1,951 to $2,072.
(9)Section 256 of the Act, penalties for discharge of alien crewmen: From $2,925 minimum/$5,851 maximum to $3,107 minimum/$6,215 maximum.
(10)Section 257 of the Act, penalties for bringing into the United States alien crewmen with intent to evade immigration laws: From $19,505 maximum to $20,719 maximum.
(11)Section 271(a) of the Act, penalties for failure to prevent the unauthorized landing of aliens: From $5,851 to $6,215.
(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 $5,851 to $6,215.
(13)Section 273(b) of the Act, penalties for bringing to the United States aliens without required documentation: From $5,851 to $6,215.
(14)Section 274D of the Act, penalties for failure to depart: From $823 maximum to $874 maximum, for each day the alien is in violation.
(15)Section 275(b) of the Act, penalties for improper entry: From $82 minimum/$412 maximum to $87 minimum/$438 maximum, for each entry or attempted entry. Title 19—Customs Duties PART 4—VESSELS IN FOREIGN AND DOMESTIC TRADES 10. The authority citation for part 4 continues to read in part as follows: Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1415, 1431, 1433, 1434, 1624, 2071 note; 46 U.S.C. 501, 60105. Sections 4.80, 4.80a, and 4.80b also issued under 19 U.S.C. 1706a; 28 U.S.C. 2461 note; 46 U.S.C. 12112, 12117, 12118, 50501-55106, 55107, 55108, 55110, 55114, 55115, 55116, 55117, 55119, 56101, 55121, 56101, 57109; Pub. L. 108-7, Division B, Title II, § 211; Section 4.92 also issued under 28 U.S.C. 2461 note; 46 U.S.C. 55111; 11. In § 4.80, revise paragraphs (b)(2) and
(i)to read as follows: § 4.80 Vessels entitled to engage in coastwise trade.
(b)* * *
(2)The penalty imposed for the unlawful transportation of passengers between coastwise points is $300 for each passenger so transported and landed on or before November 2, 2015, and $873 for each passenger so transported and landed after November 2, 2015 (46 U.S.C. 55103, as adjusted by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015).
(i)Any vessel, entitled to be documented and not so documented, employed in a trade for which a Certificate of Documentation is issued under the vessel documentation laws (see § 4.0(c)), other than a trade covered by a registry, is liable to a civil penalty of $500 for each port at which it arrives without the proper Certificate of Documentation on or before November 2, 2015, and $1,453 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 $1,017 to $3,198 against the owner or master of the towing vessel and a further penalty against the towing vessel of $174 per ton of the towed vessel (46 U.S.C. 55111, as adjusted by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015). Title 33—Navigation and Navigable Waters PART 27—ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION 13. The authority citation for part 27 continues to read as follows: Authority: Secs. 1-6, Pub. L. 101-410, 104 Stat. 890, as amended by Sec. 31001(s)(1), Pub. L. 104-134, 110 Stat. 1321 (28 U.S.C. 2461 note); Department of Homeland Security Delegation No. 0170.1, sec. 2 (106). 14. In § 27.3, revise the third sentence of the introductory text and table 1 to read as follows: § 27.3 Penalty adjustment table. * * * The adjusted civil penalty amounts listed in Table 1 to this section are applicable for penalty assessments issued after January 11, 2022, with respect to violations occurring after November 2, 2015. * * * Table 1 to § 27.3—Civil Monetary Penalty Inflation Adjustments U.S. code citation Civil monetary penalty description 2022 Adjusted maximum penalty amount ($) 14 U.S.C. 521(c) Saving Life and Property 11,649 14 U.S.C. 521(e) Saving Life and Property; Intentional Interference with Broadcast 1,195 14 U.S.C. 936(i) Confidentiality of Medical Quality Assurance Records (first offense) 5,851 14 U.S.C. 936(i) Confidentiality of Medical Quality Assurance Records (subsequent offenses) 39,011 19 U.S.C. 70 Obstruction of Revenue Officers by Masters of Vessels 8,723 19 U.S.C. 70 Obstruction of Revenue Officers by Masters of Vessels—Minimum Penalty 2,035 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 12,647 33 U.S.C. 474 Anchorage Ground/Harbor Regulations St. Mary's River 873 33 U.S.C. 495(b) Bridges/Failure to Comply with Regulations 31,928 33 U.S.C. 499(c) Bridges/Drawbridges 31,928 33 U.S.C. 502(c) Bridges/Failure to Alter Bridge Obstructing Navigation 31,928 33 U.S.C. 533(b) Bridges/Maintenance and Operation 31,928 33 U.S.C. 1208(a) Bridge to Bridge Communication; Master, Person in Charge or Pilot 2,326 33 U.S.C. 1208(b) Bridge to Bridge Communication; Vessel 2,326 33 U.S.C. 1321(b)(6)(B)(i) Oil/Hazardous Substances: Discharges (Class I per violation) 20,719 33 U.S.C. 1321(b)(6)(B)(i) Oil/Hazardous Substances: Discharges (Class I total under paragraph) 51,796 33 U.S.C. 1321(b)(6)(B)(ii) Oil/Hazardous Substances: Discharges (Class II per day of violation) 20,719 33 U.S.C. 1321(b)(6)(B)(ii) Oil/Hazardous Substances: Discharges (Class II total under paragraph) 258,978 33 U.S.C. 1321(b)(7)(A) Oil/Hazardous Substances: Discharges (per day of violation) Judicial Assessment 51,796 33 U.S.C. 1321(b)(7)(A) Oil/Hazardous Substances: Discharges (per barrel of oil or unit discharged) Judicial Assessment 2,072 33 U.S.C. 1321(b)(7)(B) Oil/Hazardous Substances: Failure to Carry Out Removal/Comply With Order (Judicial Assessment) 51,796 33 U.S.C. 1321(b)(7)(C) Oil/Hazardous Substances: Failure to Comply with Regulation Issued Under 1321(j) (Judicial Assessment) 51,796 33 U.S.C. 1321(b)(7)(D) Oil/Hazardous Substances: Discharges, Gross Negligence (per barrel of oil or unit discharged) Judicial Assessment 6,215 33 U.S.C. 1321(b)(7)(D) Oil/Hazardous Substances: Discharges, Gross Negligence—Minimum Penalty (Judicial Assessment) 207,183 33 U.S.C. 1322(j) Marine Sanitation Devices; Operating 8,723 33 U.S.C. 1322(j) Marine Sanitation Devices; Sale or Manufacture 23,258 33 U.S.C. 1608(a) International Navigation Rules; Operator 16,307 33 U.S.C. 1608(b) International Navigation Rules; Vessel 16,307 33 U.S.C. 1908(b)(1) Pollution from Ships; General 81,540 33 U.S.C. 1908(b)(2) Pollution from Ships; False Statement 16,307 33 U.S.C. 2072(a) Inland Navigation Rules; Operator 16,307 33 U.S.C. 2072(b) Inland Navigation Rules; Vessel 16,307 33 U.S.C. 2609(a) Shore Protection; General 57,527 33 U.S.C. 2609(b) Shore Protection; Operating Without Permit 23,011 33 U.S.C. 2716a(a) Oil Pollution Liability and Compensation 51,796 33 U.S.C. 3852(a)(1)(A) Clean Hulls; Civil Enforcement 47,424 33 U.S.C. 3852(a)(1)(A) Clean Hulls; related to false statements 63,232 33 U.S.C. 3852(c) Clean Hulls; Recreational Vessels 6,323 42 U.S.C. 9609(a) Hazardous Substances, Releases, Liability, Compensation (Class I) 62,689 42 U.S.C. 9609(b) Hazardous Substances, Releases, Liability, Compensation (Class II) 62,689 42 U.S.C. 9609(b) Hazardous Substances, Releases, Liability, Compensation (Class II subsequent offense) 188,069 42 U.S.C. 9609(c) Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment) 62,689 42 U.S.C. 9609(c) Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment subsequent offense) 188,069 46 U.S.C. 80509(a) Safe Containers for International Cargo 6,852 46 U.S.C. 70305(c) Suspension of Passenger Service 68,529 46 U.S.C. 2110(e) Vessel Inspection or Examination Fees 10,360 46 U.S.C. 2115 Alcohol and Dangerous Drug Testing 8,433 46 U.S.C. 2302(a) Negligent Operations: Recreational Vessels 7,628 46 U.S.C. 2302(a) Negligent Operations: Other Vessels 38,139 46 U.S.C. 2302(c)(1) Operating a Vessel While Under the Influence of Alcohol or a Dangerous Drug 8,433 46 U.S.C. 2306(a)(4) Vessel Reporting Requirements: Owner, Charterer, Managing Operator, or Agent 13,132 46 U.S.C. 2306(b)(2) Vessel Reporting Requirements: Master 2,627 46 U.S.C. 3102(c)(1) Immersion Suits 13,132 46 U.S.C. 3302(i)(5) Inspection Permit 2,739 46 U.S.C. 3318(a) Vessel Inspection; General 13,132 46 U.S.C. 3318(g) Vessel Inspection; Nautical School Vessel 13,132 46 U.S.C. 3318(h) Vessel Inspection; Failure to Give Notice in accordance with
(IAW)3304(b) 2,627 46 U.S.C. 3318(i) Vessel Inspection; Failure to Give Notice IAW 3309(c) 2,627 46 U.S.C. 3318(j)(1) Vessel Inspection; Vessel ≥1,600 Gross Tons 26,269 46 U.S.C. 3318(j)(1) Vessel Inspection; Vessel <1,600 Gross Tons
(GT)5,254 46 U.S.C. 3318(k) Vessel Inspection; Failure to Comply with 3311(b) 26,269 46 U.S.C. 3318(l) Vessel Inspection; Violation of 3318(b)-3318(f) 13,132 46 U.S.C. 3502(e) List/count of Passengers 273 46 U.S.C. 3504(c) Notification to Passengers 27,384 46 U.S.C. 3504(c) Notification to Passengers; Sale of Tickets 1,368 46 U.S.C. 3506 Copies of Laws on Passenger Vessels; Master 548 46 U.S.C. 3718(a)(1) Liquid Bulk/Dangerous Cargo 68,462 46 U.S.C. 4106 Uninspected Vessels 11,506 46 U.S.C. 4311(b)(1) Recreational Vessels (maximum for related series of violations) 362,217 46 U.S.C. 4311(b)(1) Recreational Vessels; Violation of 4307(a) 7,244 46 U.S.C. 4311(c) Recreational Vessels 2,739 46 U.S.C. 4507 Uninspected Commercial Fishing Industry Vessels 11,506 46 U.S.C. 4703 Abandonment of Barges 1,949 46 U.S.C. 5116(a) Load Lines 12,537 46 U.S.C. 5116(b) Load Lines; Violation of 5112(a) 25,076 46 U.S.C. 5116(c) Load Lines; Violation of 5112(b) 12,537 46 U.S.C. 6103(a) Reporting Marine Casualties 43,678 46 U.S.C. 6103(b) Reporting Marine Casualties; Violation of 6104 11,506 46 U.S.C. 8101(e) Manning of Inspected Vessels; Failure to Report Deficiency in Vessel Complement 2,072 46 U.S.C. 8101(f) Manning of Inspected Vessels 20,719 46 U.S.C. 8101(g) Manning of Inspected Vessels; Employing or Serving in Capacity not Licensed by U.S. Coast Guard
(USCG)20,719 46 U.S.C. 8101(h) Manning of Inspected Vessels; Freight Vessel <100 GT, Small Passenger Vessel, or Sailing School Vessel 2,739 46 U.S.C. 8102(a) Watchmen on Passenger Vessels 2,739 46 U.S.C. 8103(f) Citizenship Requirements 1,368 46 U.S.C. 8104(i) Watches on Vessels; Violation of 8104(a) or
(b)20,719 46 U.S.C. 8104(j) Watches on Vessels; Violation of 8104(c), (d), (e), or
(h)20,719 46 U.S.C. 8302(e) Staff Department on Vessels 273 46 U.S.C. 8304(d) Officer's Competency Certificates 273 46 U.S.C. 8502(e) Coastwise Pilotage; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge 20,719 46 U.S.C. 8502(f) Coastwise Pilotage; Individual 20,719 46 U.S.C. 8503 Federal Pilots 65,666 46 U.S.C. 8701(d) Merchant Mariners Documents 1,368 46 U.S.C. 8702(e) Crew Requirements 20,719 46 U.S.C. 8906 Small Vessel Manning 43,678 46 U.S.C. 9308(a) Pilotage: Great Lakes; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge 20,719 46 U.S.C. 9308(b) Pilotage: Great Lakes; Individual 20,719 46 U.S.C. 9308(c) Pilotage: Great Lakes; Violation of 9303 20,719 46 U.S.C. 10104(b) Failure to Report Sexual Offense 11,011 46 U.S.C. 10314(a)(2) Pay Advances to Seamen 1,368 46 U.S.C. 10314(b) Pay Advances to Seamen; Remuneration for Employment 1,368 46 U.S.C. 10315(c) Allotment to Seamen 1,368 46 U.S.C. 10321 Seamen Protection; General 9,491 46 U.S.C. 10505(a)(2) Coastwise Voyages: Advances 9,491 46 U.S.C. 10505(b) Coastwise Voyages: Advances; Remuneration for Employment 9,491 46 U.S.C. 10508(b) Coastwise Voyages: Seamen Protection; General 9,491 46 U.S.C. 10711 Effects of Deceased Seamen 548 46 U.S.C. 10902(a)(2) Complaints of Unfitness 1,368 46 U.S.C. 10903(d) Proceedings on Examination of Vessel 273 46 U.S.C. 10907(b) Permission to Make Complaint 1,368 46 U.S.C. 11101(f) Accommodations for Seamen 1,368 46 U.S.C. 11102(b) Medicine Chests on Vessels 1,368 46 U.S.C. 11104(b) Destitute Seamen 273 46 U.S.C. 11105(c) Wages on Discharge 1,368 46 U.S.C. 11303(a) Log Books; Master Failing to Maintain 548 46 U.S.C. 11303(b) Log Books; Master Failing to Make Entry 548 46 U.S.C. 11303(c) Log Books; Late Entry 411 46 U.S.C. 11506 Carrying of Sheath Knives 137 46 U.S.C. 12151(a)(1) Vessel Documentation 17,935 46 U.S.C. 12151(a)(2) Documentation of Vessels—Related to activities involving mobile offshore drilling units 29,893 46 U.S.C. 12151(c) Vessel Documentation; Fishery Endorsement 137,060 46 U.S.C. 12309(a) Numbering of Undocumented Vessels—Willful violation 13,693 46 U.S.C. 12309(b) Numbering of Undocumented Vessels 2,739 46 U.S.C. 12507(b) Vessel Identification System 23,011 46 U.S.C. 14701 Measurement of Vessels 50,154 46 U.S.C. 14702 Measurement; False Statements 50,154 46 U.S.C. 31309 Commercial Instruments and Maritime Liens 23,011 46 U.S.C. 31330(a)(2) Commercial Instruments and Maritime Liens; Mortgagor 23,011 46 U.S.C. 31330(b)(2) Commercial Instruments and Maritime Liens; Violation of 31329 57,527 46 U.S.C. 70036(a) Ports and Waterways Safety Regulations 103,050 46 U.S.C. 70041(d)(1)(B) Vessel Navigation: Regattas or Marine Parades; Unlicensed Person in Charge 10,360 46 U.S.C. 70041(d)(1)(C) Vessel Navigation: Regattas or Marine Parades; Owner Onboard Vessel 10,360 46 U.S.C. 70041(d)(1)(D) Vessel Navigation: Regattas or Marine Parades; Other Persons 5,179 46 U.S.C. 70119(a) Port Security 38,139 46 U.S.C. 70119(b) Port Security—Continuing Violations 68,529 46 U.S.C. 70506 Maritime Drug Law Enforcement; Penalties 6,323 49 U.S.C. 5123(a)(1) Hazardous Materials: Related to Vessels—Maximum Penalty 89,678 49 U.S.C. 5123(a)(2) Hazardous Materials: Related to Vessels—Penalty from Fatalities, Serious Injuries/Illness or Substantial Damage to Property 209,249 49 U.S.C. 5123(a)(3) Hazardous Materials: Related to Vessels—Training 540 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 (“small business concern” as defined in section 3 of the Small Business Act (15 U.S.C. 632)). For violations that occurred after November 2, 2015, $12,794 per violation, up to a total of $63,973 per civil penalty action, in the case of an individual or small business concern; and
(2)For violations that occurred on or before November 2, 2015, $10,000 per violation, up to a total of $400,000 per civil penalty action, in the case of any other person. For violations that occurred after November 2, 2015, $12,794 per violation, up to a total of $511,780 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 (“small business concern” as defined in section 3 of the Small Business Act (15 U.S.C. 632)). For violations that occurred after November 2, 2015, $14,950 per violation, up to a total of $74,754 per civil penalty action, in the case of an individual (except an airman serving as an airman), or a small business concern.
(2)For violations that occurred on or before November 2, 2015, $10,000 per violation, up to a total of $400,000 per civil penalty action, in the case of any other person (except an airman serving as an airman) not operating an aircraft for the transportation of passengers or property for compensation. For violations that occurred after November 2, 2015, $14,950 per violation, up to a total of $598,026 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, $37,377 per violation, up to a total of $598,026 per civil penalty action, in the case of a person (except an individual serving as an airman) operating an aircraft for the transportation of passengers or property for compensation. Jonathan E. Meyer, General Counsel, U.S. Department of Homeland Security. [FR Doc. 2022-00105 Filed 1-10-22; 8:45 am]
Connectionstraces to 127
Traces to 127 documents
U.S. Code
49 references not yet in our index
  • 6 CFR 27
  • 19 CFR 4
  • 33 CFR 27
  • 49 CFR 1503
  • 6 USC 621
  • Pub. L. 109-295
  • 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
  • 132 Stat. 3186
  • 49 CFR 1503.401(c)(3)
  • 49 CFR 1503.401(c)(1)
  • 49 CFR 1503.401(b)
  • 5 USC 601-612
  • 2 USC 1531-1538
  • 5 CFR 1320
  • 8 CFR 270
  • 8 CFR 280
  • 6 USC 624
+ 9 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 113-254
Pub. L.Public Law 116-150
U.S.C.§ 1221
U.S.C.§ 1224
U.S.C.§ 1229c
Cite6 CFR 27
Cite19 CFR 4
Cite33 CFR 27
Cites 176 · showing 12Cited by 0 across 0 sources
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