Unknown. Final rule
14,498 words·~66 min read·
/register/2024/06/28/2024-14121·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-2024-06-28.xml --- 89 125 Friday, June 28, 2024 Contents Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Fair and Competitive Livestock and Poultry Markets, 53886-53911 2024-14042 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service See Rural Utilities Service Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act:
Clean Highly Efficient Decarbonized Engines, 54041-54042 2024-14308 Consortium for Battery Innovation, 54043 2024-14266 Consortium for Rare Earth Technologies, 54042 2024-14306 Cooperative Research Group H2ICE Demonstration Vehicle, 54042 2024-14303 Countering Weapons of Mass Destruction, 54043 2024-14261 Defense Electronics Consortium, 54044-54045 2024-14283 Integrated Photonics Institute for Manufacturing Innovation Operating under the Name of the American Institute for Manufacturing Integrated Photonics, 54044 2024-14258 Maritime Sustainment and Technology Innovation Consortium, 54041 2024-14310 National Spectrum Consortium, 54046 2024-14257 Naval Surface Technology and Innovation Consortium, 54045 2024-14311 Pistoia Alliance, Inc., 54046 2024-14255 Resilient Infrastructure and Secure Energy Consortium, 54042-54043 2024-14269 Southwest Research Institute:
Cooperative Research Group on Consortium for NASGRO Development and Support, 54043 2024-14256 Training and Readiness Accelerator II, 54045-54046 2024-14304 Undersea Technology Innovation Consortium, 54044 2024-14285 Utility Broadband Alliance, Inc., 54041 2024-14316 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54000-54002 2024-14309 Charter Amendments, Establishments, Renewals and Terminations:
Advisory Committee on Breast Cancer in Young Women, 54002 2024-14289 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54002-54004 2024-14338 Children Children and Families Administration RULES Temporary Assistance for Needy Families Work Outcomes Measures, 53870-53877 2024-13865 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Community Services Block Grant Annual Progress Report, 54004-54006 2024-14172 Refugee Support Services and RSS Set Aside Sub-Agency List, 54004 2024-14165 Coast Guard Coast Guard RULES Civil Monetary Penalty Inflation Adjustment, 53849-53863 2024-14121 Safety Zone:
Laguna Madre, South Padre Island, TX, 53868-53869 2024-14319 Ohio River, Point Pleasant, WV, 53864-53866 2024-14193 Port of Los Angeles, Main Channel, 53866-53868 2024-14234 San Francisco Giants Fireworks, San Francisco Bay, San Francisco, CA, 53863-53864 2024-14356 Commerce Commerce Department See Economic Analysis 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: Research Performance Progress Report, 53947-53948 2024-14166 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Hearings, Meetings, Proceedings, etc.: Quarterly Public, 53966 2024-14229 Procurement List; Additions and Deletions, 53965-53967 2024-14228 2024-14231 Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53967-53969 2024-14250 Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: State Plan for Assistive Technology, 54006-54008 2024-14226 Single-Source Supplement: Expanding Innovation Lab, 54006 2024-14227 Copyright Royalty Board Copyright Royalty Board NOTICES Distribution of Cable Royalty Funds, 54166-54282 2024-13597 Defense Department Defense Department See Engineers Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53979-53980, 53982-53983 2024-14322 2024-14331 Arms Sales, 53969-53971, 53974-53985 2024-14181 2024-14184 2024-14186 2024-14187 2024-14188 Licenses;
Exemptions, Applications, Amendments, etc.: Kapalya, Inc., 53971 2024-14333 Privacy Act; Systems of Records, 53971-53973 2024-14203 Drug Drug Enforcement Administration NOTICES Decision and Order: Abdul Naushad, MD, 54059-54061 2024-14207 Arash M. Padidar, MD, 54061-54065 2024-14201 Jeffrey Pollock, PA, 54052-54059 2024-14199 Lisa Jones, NP, 54051-54052 2024-14200 Michael Gore, PA, 54047-54051 2024-14195 Economic Analysis Bureau Economic Analysis Bureau NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Services Surveys: Quarterly Survey of Ocean Freight Revenues and Foreign Expenses of U.S. Carriers, etc., 53948-53949 2024-14273 Education Department Education Department NOTICES Financial Value Transparency and Gainful Employment: List of Approved Classification of Instructional Program Codes for Qualifying Graduate Programs, 53986-53988 2024-14217 Hearings, Meetings, Proceedings, etc.: Presidential Advisory Commission on Advancing Educational Equity, Excellence, and Economic Opportunity for Black Americans, 53988-53989 2024-14340 Energy Department Energy Department See Energy Information Administration See Western Area Power Administration Energy Information Energy Information Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 53989 2024-14248 Engineers Engineers Corps NOTICES Final Federal Agency Action: Authorization for the Sunrise Wind Energy Project Offshore New York, 53985 2024-14236 Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Pennsylvania; Oil and Natural Gas Control Measures for 2008 and 2015 Ozone National Ambient Air Quality Standards, 53932-53936 2024-13972 NOTICES 2024 Clean Water Act Guidelines, 53995 2024-14277 Agency Information Collection Activities;
Proposals, Submissions, and Approvals: National Emission Standards for Hazardous Air Pollutants for Cellulose Products Manufacturing, 53996 2024-14293 Environmental Impact Statements; Availability, etc., 53995-53996 2024-14260 Export Import Export-Import Bank NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Short-Term Letter of Credit Export Credit Insurance Policy, 53997 2024-14295 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives:
Lycoming Engines, 53911-53913 2024-14100 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Pilot Records Improvement Act/Pilot Record Database, 54122-54123 2024-14305 Release of Airport Development Aid Program Property, 54122 2024-14007 Federal Emergency Federal Emergency Management Agency NOTICES Flood Hazard Determinations, 54017-54026 2024-14173 2024-14174 2024-14177 2024-14178 2024-14179 2024-14180 Federal Mediation Federal Mediation and Conciliation Service NOTICES Privacy Act;
Systems of Records, 53997-53999 2024-14239 Federal Motor Federal Motor Carrier Safety Administration NOTICES Exemption Application: Parts and Accessories Necessary for Safe Operation; Brent Higgins Trucking, Inc., 54125-54130 2024-14264 Parts and Accessories Necessary for Safe Operation; DJS Fundraising, Inc., 54131-54136 2024-14263 Parts and Accessories Necessary for Safe Operation; Groendyke Transport, Inc., 54147-54150 2024-14335 Parts and Accessories Necessary for Safe Operation;
JM Bozeman Enterprises, Inc., 54136-54142 2024-14265 Parts and Accessories Necessary for Safe Operation; Meiborg Brothers, Inc., 54151-54156 2024-14262 Qualification of Drivers; Epilepsy and Seizure Disorders, 54123-54125, 54130-54131, 54143-54147 2024-14323 2024-14324 2024-14325 2024-14328 Qualification of Drivers; Hearing, 54142-54143, 54156-54157 2024-14326 2024-14327 Federal Railroad Federal Railroad Administration NOTICES Request for Amendment: Peninsula Corridor Joint Powers Board;
Positive Train Control Safety Plan and Positive Train Control System, 54157 2024-14298 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53999-54000 2024-14341 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 53999 2024-14321 Fish Fish and Wildlife Service NOTICES Permits; Applications, Issuances, etc.: Emergency Exemption to Import Endangered Species, 54031 2024-14206 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Produce Regulatory Program Standards, 54009-54010 2024-14329 Guidance: Diversity Action Plans to Improve Enrollment of Participants from Underrepresented Populations in Clinical Studies, 54010-54012 2024-14284 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Action, 54160-54162 2024-14292 Forest Forest Service NOTICES Transfer of Administrative Jurisdiction to Land: Leech Lake Band of the Minnesota Chippewa Tribe, Chippewa National Forest, MN, 53938-53946 2024-14086 General Services General Services Administration NOTICES Charter Amendments, Establishments, Renewals and Terminations, 54000 2024-14259 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Community Living Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration See U.S.
Citizenship and Immigration Services See U.S. Customs and Border Protection RULES Civil Monetary Penalty Inflation Adjustment, 53849-53863 2024-14121 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Gateway User Registration, 54026-54027 2024-14286 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of the Department of Housing and Urban Development-Department of Justice Pay for Success Permanent Supportive Housing Demonstration, 54029-54030 2024-14238 Personal Financial and Credit Statement, 54028-54029 2024-14163 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Hearings, Meetings, Proceedings, etc.:
President's Committee on the Arts and the Humanities, 54073-54074 2024-14278 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Performance Progress Report, 54031-54032 2024-14294 Internal Revenue Internal Revenue Service RULES Statutory Disallowance of Deductions for Certain Qualified Conservation Contributions Made by Partnerships and S Corporations, 54284-54327 2024-13844 International Trade Adm International Trade Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Annual Report from Foreign-Trade Zones, 53958-53959 2024-14242 Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Ceramic Tile from India, 53958 2024-14313 Certain Carbon and Alloy Steel Cut-to-Length Plate from Italy, 53951-53952 2024-14314 Certain Softwood Lumber from Canada, 53955-53957 2024-14312 Ferrosilicon from the Russian Federation, 53949-53951 2024-14197 Sugar from Mexico, 53957-53958 2024-14237 Sales at Less Than Fair Value;
Determinations, Investigations, etc.: Ferrosilicon from the Russian Federation, 53953-53955 2024-14198 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Movable Barrier Operator Systems and Components Thereof, 54038-54040 2024-14291 Large Top Mount Combination Refrigerator-Freezers from Thailand, 54040-54041 2024-14222 Justice Department Justice Department See Antitrust Division See Drug Enforcement Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Friction Ridge Cards: Arrest and Institution, Identity History Summary Request, etc., 54067-54068 2024-14270 Hazardous Devices School Application, 54066 2024-14191 Semi-Annual Progress Report for Grantees of the Transitional Housing Assistance Grant Program, 54068-54069 2024-14189 Semi-Annual Progress Report for the Legal Assistance for Victims Program, 54065-54066 2024-14192 Proposed Consent Decree: Safe Drinking Water Act, 54066-54067 2024-14287 Labor Department Labor Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Employee Retirement Income Security Act Regulation, 54069-54070 2024-14249 Land Land Management Bureau RULES Rights-of-Way, Leasing, and Operations for Renewable Energy: Correction, 53869-53870 2024-14299 NOTICES Alaska Native Claims Selection, 54032-54033 2024-14219 2024-14230 Environmental Assessments; Availability, etc.: Proposed Sale of Public Land in Nye County, NV; Realty Action, Intent to Amend a Resource Management Plan, 54033-54036 2024-14176 Library Library of Congress See Copyright Royalty Board NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Survey of the Use of NASA Earth Observation Data by States, Tribes, and Territories, 54070 2024-14240 Biosketch and Current and Pending Support Disclosure Policy, 54070-54073 2024-14170 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services National Institute National Institutes of Health NOTICES Final Draft National Institute of Environmental Health Sciences Fiscal Year 2025—Fiscal Year 2029 Strategic Plan, 54013-54014 2024-14241 Hearings, Meetings, Proceedings, etc.:
Center for Scientific Review, 54014-54015 2024-14204 2024-14252 National Institute of Allergy and Infectious Diseases, 54015 2024-14202 National Institute of General Medical Sciences, 54013 2024-14205 Request for Information: National Institute for Mental Health Strategic Plan Evaluation, 54012-54013 2024-14251 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: 2024 Commercial Closure for Gag in the South Atlantic, 53882-53883 2024-14332 Reef Fish Resources of the Gulf of Mexico; 2024 Recreational Harvest Closure for Gag, 53883-53884 2024-14225 Fisheries of the Northeastern United States:
Summer Flounder Fishery; Quota Transfer from Virginia to Massachusetts, 53884-53885 2024-14218 PROPOSED RULES Endangered and Threatened Species: 90-Day Finding on a Petition to List Gulf of Alaska Chinook Salmon, 53936-53937 2024-14169 NOTICES Determination of Overfishing or an Overfished Condition, 53961 2024-14307 Hearings, Meetings, Proceedings, etc.: Fisheries of the South Atlantic; Southeast Data, Assessment, and Review, 53959-53960 2024-14339 New England Fishery Management Council, 53959 2024-14343 Taking or Importing of Marine Mammals, 53960-53963 2024-14330 2024-14337 Taking or Importing of Marine Mammals:
Furie Operating Alaska, LLC Oil and Gas Activities in Cook Inlet, AK; Correction, 53961-53962 2024-14302 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Big Thicket National Preserve Hunting and Trapping Harvest Cards, 54037-54038 2024-14161 National Park Service Application for the Lower Mississippi Delta Initiative, 54036-54037 2024-14160 Hearings, Meetings, Proceedings, etc.: Preservation Technology and Training Board, 54036 2024-14221 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Licenses;
Exemptions, Applications, Amendments, etc.: Braidwood Station, Units 1 and 2, Constellation Energy Generation, LLC, 54082-54085 2024-14344 National Intelligence Office of the Director of National Intelligence NOTICES Privacy Act; Systems of Records, 54074-54082 2024-14290 2024-14297 Patent Patent and Trademark Office NOTICES Experimental Use Exception, 53963-53965 2024-14164 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Marital Status Certification, 54085-54086 2024-14185 Survivor Annuity Election for a Spouse, Cover Letter Giving Information about the Cost to Elect Less Than the Maximum Survivor Annuity, etc., 54085 2024-14183 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Pipeline Safety: Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments; Technical Correction, 53880-53882 2024-14115 Requirement of Valve Installation and Minimum Rupture Detection Standards:
Response to Petition for Reconsideration; Technical Corrections, 53877-53880 2024-14116 NOTICES Hazardous Materials: De Minimis Quantities of Explosives, 54157-54160 2024-14175 Postal Service Postal Service PROPOSED RULES Optional Endorsement Lines and Carrier Route Information Lines, 53913-53914 2024-13942 Parcel Processing Categories Simplification, 53914-53932 2024-13924 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53946-53947 2024-14267 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 54099-54101, 54104, 54108 2024-14220 2024-14223 2024-14224 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BYX Exchange, Inc., 54093-54096 2024-14213 Cboe BZX Exchange, Inc., 54117-54120 2024-14214 Cboe EDGA Exchange, Inc., 54086-54089 2024-14215 Cboe EDGX Exchange, Inc., 54096-54099 2024-14216 Cboe Exchange, Inc., 54101-54104 2024-14212 Nasdaq GEMX, LLC, 54108-54113 2024-14209 Nasdaq MRX, LLC, 54113-54117 2024-14210 Nasdaq PHLX LLC, 54089-54093 2024-14208 The Nasdaq Stock Market LLC, 54104-54108 2024-14211 Small Business Small Business Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 54121-54122 2024-14194 Disaster Declaration: Iowa, 54121 2024-14235 South Carolina, 54120-54121 2024-14190 Texas; Public Assistance Only, 54120 2024-14246 Interest Rates, 54121 2024-14233 Substance Substance Abuse and Mental Health Services Administration NOTICES Supplemental Funding Opportunity: Fiscal Year 2024, 54015 2024-14055 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Pipeline and Hazardous Materials Safety Administration Security Transportation Security Administration RULES Civil Monetary Penalty Inflation Adjustment, 53849-53863 2024-14121 Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 54162-54163 2024-14296 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Freedom of Information/Privacy Act Request, 54027-54028 2024-14282 Customs U.S. Customs and Border Protection RULES Civil Monetary Penalty Inflation Adjustment, 53849-53863 2024-14121 NOTICES Quarterly Interest Rates Used in Calculating Interest on Overdue Accounts and Refunds of Customs Duties, 54016-54017 2024-14171 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Application for Change of Permanent Plan—Medical, 54163 2024-14346 Western Western Area Power Administration NOTICES Rate Order: No. WAPA-212; Loveland Area Projects, 53992-53995 2024-14274 No. WAPA-213; Pick-Sloan Missouri Basin Program-Eastern Division, 53989-53992 2024-14275 Separate Parts In This Issue Part II Library of Congress, Copyright Royalty Board, 54166-54282 2024-13597 Part III Treasury Department, Internal Revenue Service, 54284-54327 2024-13844 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. 89 125 Friday, June 28, 2024 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY 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-AB11 Civil Monetary Penalty Adjustments for Inflation AGENCY:
Department of Homeland Security (DHS). ACTION: Final rule. SUMMARY: In this final rule, DHS adjusts for inflation its civil monetary penalties for 2024, in accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and Executive Office of the President
(EOP)Office of Management and Budget
(OMB)guidance. DHS is also accounting for additional civil monetary penalties that the U.S. Coast Guard is statutorily authorized to collect. The new penalty amounts will be effective for penalties assessed after June 28, 2024 whose associated violations occurred after November 2, 2015. DATES: This rule is effective on June 28, 2024. FOR FURTHER INFORMATION CONTACT: Hillary Hunnings, Attorney-Advisor, 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 further 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. 2 Through the “catch-up” adjustment, agencies were required to adjust the amounts of civil monetary penalties to more accurately reflect inflation rates. 3 1 The 2015 Act was part of the Bipartisan Budget Act of 2015, Public Law 114-74 (Nov. 2, 2015) (codified as amended at 28 U.S.C. 2461 note). 2 Public Law 114-74 section 701(b)(1)(D)(b)(1)-(2). 3 Public Law 114-74 section 701(b)(1)(D)(b)(1)(A)-(B). For the subsequent annual adjustments, the 2015 Act requires agencies to increase the penalty amounts by a cost-of-living adjustment. 4 The 2015 Act directs OMB to provide guidance to agencies each year to assist agencies in making the annual adjustments. 5 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** . 6 4 Public Law 114-74 section 701(b)(1)(D)(b)(2). 5 Public Law 114-74 section 701(b)(2)(4)(a). 6 Public Law 114-74 section 701(b)(1)(A)(a). Pursuant to the 2015 Act, DHS undertook a review of the civil penalties that DHS and its components administer. 7 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. 8 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. 9 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). 10 On January 27, 2017, DHS published a final rule making the annual adjustment for 2017. 11 On April 2, 2018, DHS made the 2018 annual inflation adjustment. 12 On April 5, 2019, DHS made the 2019 annual inflation adjustment. 13 On June 17, 2020, DHS made the 2020 annual inflation adjustment. 14 On October 18, 2021, DHS made the 2021 annual inflation adjustment. 15 On January 11, 2022, DHS made the 2022 annual inflation adjustment. 16 On January 13, 2023, DHS made the 2023 annual inflation adjustment. 17 7 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. 8 81 FR 42987 (July 1, 2016). 9 *Id.;* 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/omb/information-for-agencies/memoranda/#memoranda-2016* ). 10 81 FR at 42987 (July 1, 2016). 11 82 FR 8571 (Jan. 27, 2017). 12 83 FR 13826 (Apr. 2, 2018). 13 84 FR 13499 (Apr. 5, 2019). 14 85 FR 36469 (June 17, 2020). 15 86 FR 57532 (Oct. 18, 2021). 16 87 FR 1317 (Jan. 11, 2022). 17 88 FR 2175 (Jan. 13, 2023). II. Overview of the Final Rule This final rule makes the 2024 annual inflation adjustments to civil monetary penalties pursuant to the 2015 Act and pursuant to guidance OMB issued to agencies on December 19, 2023. 18 The penalty amounts in this final rule will be effective for penalties assessed after June 28, 2024 where the associated violation occurred after November 2, 2015. Consistent with OMB guidance, the 2015 Act does not retrospectively change previously assessed penalties that the agency is actively collecting or has collected. 18 Office of Mgmt. and Budget, Exec. Office of the President, M-24-07, Implementation of Penalty Inflation Adjustments for 2024, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 19, 2023) ( *https://www.whitehouse.gov/wp-content/uploads/2023/12/M-24-07-Implementation-of-Penalty-Inflation-Adjustments-for-2024.pdf* ). 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 2024. 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 2023 final rule,
(4)the cost-of-living adjustment multiplier for 2024 that OMB provided in its December 19, 2023, guidance, and
(5)the new 2024 adjusted penalty. The 2015 Act instructs agencies to round penalties to the nearest multiple of $1. 19 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. 19 Public Law 114-74 section 701(b)(2)(A). Additionally, in Section III(D) discussing the civil penalties of the U.S. Coast Guard, DHS is accounting for additional civil monetary penalties that the U.S. Coast Guard is statutorily authorized to collect. Finally, in issuing this final rule, it is DHS's intention that the rule's penalty provisions be considered severable from one another to the greatest extent possible. For example, if a court of competent jurisdiction were to hold that a particular penalty amount could not be applied as adjusted for inflation to particular persons or in particular circumstances, DHS would intend for the court to leave the remainder of the rule in place with respect to all other penalties as adjusted for inflation and covered persons and circumstances. 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 for 2024. At the end of each section we include tables that list the individual adjustments for each penalty. A. Cybersecurity and Infrastructure Security Agency The Cybersecurity and Infrastructure Security Agency
(CISA)administers 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). 20 Pursuant to section 5 of the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014 (Pub. L. 113-254, as amended by Pub. L. 116-150; 6 U.S.C. 621 note), authorization had been granted for CFATS until July 27, 2023. Congress did not act to reauthorize the program in time and, as such, the authorization expired on July 28, 2023. Therefore, regulations written pursuant to CFATS authority are not currently active. While regulatory text for the CFATS regulation, including a civil penalty, is located in part 27 of title 6 of the Code of Federal Regulations (CFR), the text is inactive due to the lapse in authority. For that reason, we are not proposing any changes relating to adjustments to the maximum civil penalty amount that may be assessed pursuant to CFATS at this time. 20 Section 550 has since been superseded by the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014 (Public Law 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. 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 2024 adjustment for the penalties that CBP administers. Table 1—U.S. Customs and Border Protection Civil Penalties Adjustments Penalty name Citation Penalty amount as adjusted in the 2023 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)) $1,643 1.03241 $1,696. 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) $4,465 1.03241 $4,610. Penalties for failure to depart voluntarily 8 U.S.C. 1229c(d); 8 CFR 280.53(b)(3) (INA section 240B(d)) $1,881-$9,413 1.03241 $1,942-$9,718. 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)) $3,765 1.03241 $3,887. 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)) $9,413 1.03241 $9,718. 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)) $446 for each alien 1.03241 $460 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)) $11,162 1.03241 $11,524. 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)) $1,116-$6,696 1.03241 $1,152-$6,913. 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) $2,232 1.03241 $2,304. Penalties for discharge of alien crewmen 8 U.S.C. 1286; 8 CFR 280.53(b)(9) (INA section 256) $3,348-$6,696 1.03241 $3,457-$6,913. 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) $22,324 1.03241 $23,048. 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)) $6,696 1.03241 $6,913. 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)) $6,696 1.03241 $6,913. 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)) $6,696 1.03241 $6,913. Penalties for failure to depart 8 U.S.C. 1324d; 8 CFR 280.53(b)(14) (INA section 274D) $942 1.03241 $973. Penalties for improper entry 8 U.S.C. 1325(b); 8 CFR 280.53(b)(15) (INA section 275(b)) $94-$472 1.03241 $97-487. Penalty for dealing in or using empty stamped imported liquor containers 19 U.S.C. 469 $625 1.03241 $645.** Penalty for employing a vessel in a trade without a required Certificate of Documentation 19 U.S.C. 1706a 19 CFR 4.80(i) $1,566 1.03241 $1,617. 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) $625 1.03241 $645.** 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) $941 1.03241 $971. 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 $1,096-$3,446 plus $187 per ton 1.03241 $1,132-$3,558 plus $193 per ton. * Office of Mgmt. and Budget, Exec. Office of the President, M-24-07, Implementation of Penalty Inflation Adjustments for 2024, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 19, 2023) ( *https://www.whitehouse.gov/wp-content/uploads/2023/12/M-24-07-Implementation-of-Penalty-Inflation-Adjustments-for-2024.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 2024 adjustment for the penalties that ICE administers. 21 21 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 2—U.S. Immigration and Customs Enforcement Civil Penalties Adjustments Penalty name Citation Penalty amount as adjusted in the 2023 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) $1,881-$9,413 1.03241 $1,942-$9,718. Civil penalties for violation of INA sections 274C(a)(1)-(a)(4), penalty for first offense 8 CFR 270.3(b)(1)(ii)(A) $557-$4,465 1.03241 $575-$4,610. Civil penalties for violation of INA sections 274C(a)(5)-(a)(6), penalty for first offense 8 CFR 270.3(b)(1)(ii)(B) $472-$3,765 1.03241 $487-$3,887. Civil penalties for violation of INA sections 274C(a)(1)-(a)(4), penalty for subsequent offenses 8 CFR 270.3(b)(1)(ii)(C) $4,465-$11,162 1.03241 $4,610-$11,524. Civil penalties for violation of INA sections 274C(a)(5)-(a)(6), penalty for subsequent offenses 8 CFR 270.3(b)(1)(ii)(D) $3,765-$9,413 1.03241 $3,887-$9,718. Violation/prohibition of indemnity bonds 8 CFR 274a.8(b) $2,701 1.03241 $2,789. 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) $676-$5,404 1.03241 $698-$5,579. Penalty for second offense (per unauthorized alien) 8 CFR 274a.10(b)(1)(ii)(B) $5,404-$13,508 1.03241 $5,579-$13,946. Penalty for third or subsequent offense (per unauthorized alien) 8 CFR 274a.10(b)(1)(ii)(C) $8,106-$27,018 1.03241 $8,369-$27,894. Civil penalties for I-9 paperwork violations 8 CFR 274a.10(b)(2) $272-$2,701 1.03241 $281-$2,789. Civil penalties for failure to depart, INA section 274D 8 U.S.C. 1324d; 8 CFR 280.53(b)(14) $942 1.03241 $973. * Office of Mgmt. and Budget, Exec. Office of the President, M-24-07, Implementation of Penalty Inflation Adjustments for 2024, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 19, 2023) ( *https://www.whitehouse.gov/wp-content/uploads/2023/12/M-24-07-Implementation-of-Penalty-Inflation-Adjustments-for-2024.pdf* ). D. U.S. Coast Guard The Coast Guard is authorized to assess nearly 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 more detailed 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 monetary 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. The Coast Guard has also identified updates to Table 1 in 33 CFR 27.3 to ensure it accurately reflects all civil monetary penalties that the Coast Guard is statutorily authorized to impose by statute. Table 3, below, lists the penalties that this rule adds or revises in Table 1 in 33 CFR 27.3 followed by a description of each. The added penalties are those that were either recently enacted or inadvertently excluded from Table 1 in 33 CFR 27.3 and from prior civil monetary penalty adjustment rulemakings but that are set and authorized for Coast Guard's assessment by statute. They are now added to Table 1 in 33 CFR 27.3 to create a more complete list of Coast Guard civil monetary penalties and to align with the requirements of the 2015 Act. This rule also removes one penalty, specifically 46 U.S.C. 10104(b), from the existing Table 1 in 33 CFR 27.3 because Congress revised and replaced the penalties in 46 U.S.C. 10104 with those that now appear at 46 U.S.C. 10104(a)(2) and 46 U.S.C. 10104(d)(2). 22 22 Public Law 117-263 section 11609 (Dec. 23, 2022) (codified as amended at 46 U.S.C. 10104). Table 3—U.S. Coast Guard Civil Penalty Additions Penalty name Citation Penalty amount as adjusted in the 2023 FR Multiplier * New penalty as adjusted by this final rule Master Key Control System 46 U.S.C. 3106(d) $1,000 1.03241 $1,032. Passenger Vessel Security and Safety; Daily Penalty & Maximum Penalty 46 U.S.C. 3507(h)(1)(A) Daily $25,000/Maximum $50,000 1.03241 Daily $25,810/Maximum $51,621. Passenger Vessel Security and Safety; Crewmembers Crime Scene Preservation Training; Maximum Penalty 46 U.S.C. 3508(d) $50,000 1.03241 $51,621. Engine Cut-Off Switches; Violation of 4312(b), First Offense 46 U.S.C. 4311(c) $100 1.03241 $103. Engine Cut-Off Switches; Violation of 4312(b), Second Offense 46 U.S.C. 4311(c) $250 1.03241 $258. Engine Cut-Off Switches; Violation of 4312(b), Subsequent to Second Offense 46 U.S.C. 4311(c) $500 1.03241 $516. Employing Qualified Available U.S. Citizens or Residents 46 U.S.C. 8106(f)(2)-(3) Daily $10,000/Maximum $100,000 1.03241 Daily $10,324/Maximum $103,241. Requirement to Report Sexual Assault and Harassment; Mandatory Reporting by Responsible Entity of a Vessel 46 U.S.C. 10104(a)(2) $50,000 1.03241 $51,621. Requirement to Report Sexual Assault and Harassment; Company After Action Summary, violation of 10104(d)(1) 46 U.S.C. 10104(d)(2) $25,000 1.03241 $25,810. Requirement to Report Sexual Assault and Harassment; Company After Action Summary, daily noncompliance penalty 46 U.S.C. 10104(d)(2) $500 1.03241 $516. Requirement to Report Sexual Assault and Harassment; Company After Action Summary, Civil Penalty Maximum 46 U.S.C. 10104(d)(2) $50,000 1.03241 $51,621. Vessel escort operations and towing assistance 46 U.S.C. 55112(d) $10,000 1.03241 $10,324. Regulation of Vessels in Territorial Waters of the United States 46 U.S.C. 70052(c) $25,000 1.03241 $25,810. * Office of Mgmt. and Budget, Exec. Office of the President, M-24-07, Implementation of Penalty Inflation Adjustments for 2024, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 19, 2023) ( *https://www.whitehouse.gov/wp-content/uploads/2023/12/M-24-07-Implementation-of-Penalty-Inflation-Adjustments-for-2024.pdf* ). The James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (2023 NDAA) authorized a civil penalty of $1,000 under 46 U.S.C. 3106(d) for violations of the required Master Key Control System. 23 That penalty became effective on December 23, 2022 24 and is included in the updates to Table 1 in 33 CFR 27.3. The civil monetary penalties for violations of passenger vessel security and safety requirements, authorized by 46 U.S.C. 3507(h)(1)(A), and violations of crewmembers' crime scene preservation training requirements, authorized by 46 U.S.C. 3508(d), are also included. The penalty in section 3508(d) was previously authorized in 46 U.S.C. 3508(e) and was redesignated to paragraph 3508(d) by the John S. McCain National Defense Authorization Act for Fiscal Year 2018. 25 These civil monetary penalties involving cruise vessel security and safety are in effect per statute and Coast Guard policy letters. 26 23 *See* Public Law 117-263 section 3106 (Dec. 23, 2022). 24 *Id.* 25 *See* Public Law 115-232 section 3543 (Aug.13, 2018). 26 *See* CG-543 Policy Letter 11-09 (June 28, 2011) & CG-543 Policy Letter 11-10 (July 27, 2011). USCG also adds penalties for violating requirements for engine cutoff switches for first offense, second offense, and subsequent-to-second offense. These three penalties in 46 U.S.C. 4311(c) were codified by Section 8316 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021, (Pub. L. 116-283, January 1, 2021). In addition, the Coast Guard adds the existing civil penalty for Employing Qualified Available U.S. Citizens or Residents in 46 U.S.C. 8106(f). This penalty was originally authorized by Congress through Section 312 of the Coast Guard and Maritime Transportation Act of 2006 (Pub. L. 109-241, July 11, 2006). Penalties for violations of a requirement of mandatory reporting of sexual assault and sexual harassment and violations for non-compliance with requirements to submit a company after-action summary, as codified at 46 U.S.C. 10104(a)(2) and 10104(d)(2), are also added to Table 1 in 33 CFR 27.3. An after-action summary summarizes the actions taken after an incident of sexual assault or sexual harassment. These penalties were added by the 2023 NDAA and became effective on December 23, 2022. 27 The Coast Guard also adds a civil penalty for violating vessel escort operations and towing requirements, authorized at 46 U.S.C. 55112(d) as well as a civil penalty for violations of anchorage and vessel movement during a national emergency authorized by 46 U.S.C. 70052(c) under subchapter VI Regulation of Vessels in the Territorial Waters of the United States, an important national security enforcement authority of the Coast Guard. 27 *See* Public Law 117-263 section 11609 (Dec. 23, 2022). Table 4 below shows the 2024 adjustment for the remaining penalties that the Coast Guard administers that have previously already been included in Table 1 of 33 CFR 27.3. Table 4—U.S. Coast Guard Civil Penalties Adjustments Penalty name Citation Penalty amount as adjusted in the 2023 FR Multiplier * New penalty as adjusted by this final rule Saving Life and Property 14 U.S.C. 521(c) $12,551 1.03241 $12,958. Saving Life and Property; Intentional Interference with Broadcast 14 U.S.C. 521(e) 1,288 1.03241 1,330. Confidentiality of Medical Quality Assurance Records (first offense) 14 U.S.C. 936(i); 33 CFR 27.3 6,304 1.03241 6,508. Confidentiality of Medical Quality Assurance Records (subsequent offenses) 14 U.S.C. 936(i); 33 CFR 27.3 42,032 1.03241 43,394. Obstruction of Revenue Officers by Masters of Vessels 19 U.S.C. 70; 33 CFR 27.3 9,399 1.03241 9,704. Obstruction of Revenue Officers by Masters of Vessels-Minimum Penalty 19 U.S.C. 70; 33 CFR 27.3 2,193 1.03241 2,264. 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 13,627 1.03241 14,069. Anchorage Ground/Harbor Regulations St. Mary's river 33 U.S.C. 474; 33 CFR 27.3 941 1.03241 971. Bridges/Failure to Comply with Regulations 33 U.S.C. 495(b); 33 CFR 27.3 34,401 1.03241 35,516. Bridges/Drawbridges 33 U.S.C. 499(c); 33 CFR 27.3 34,401 1.03241 35,516. Bridges/Failure to Alter Bridge Obstructing Navigation 33 U.S.C. 502(c); 33 CFR 27.3 34,401 1.03241 35,516. Bridges/Maintenance and Operation 33 U.S.C. 533(b); 33 CFR 27.3 34,401 1.03241 35,516. Bridge to Bridge Communication; Master, Person in Charge or Pilot 33 U.S.C. 1208(a); 33 CFR 27.3 2,506 1.03241 2,587. Bridge to Bridge Communication; Vessel 33 U.S.C. 1208(b); 33 CFR 27.3 2,506 1.03241 2,587. Oil/Hazardous Substances: Discharges (Class I per violation) 33 U.S.C. 1321(b)(6)(B)(i); 33 CFR 27.3 22,324 1.03241 23,048. Oil/Hazardous Substances: Discharges (Class I total under paragraph) 33 U.S.C. 1321(b)(6)(B)(i); 33 CFR 27.3 55,808 1.03241 57,617. Oil/Hazardous Substances: Discharges (Class II per day of violation) 33 U.S.C. 1321(b)(6)(B)(ii); 33 CFR 27.3 22,324 1.03241 23,048. Oil/Hazardous Substances: Discharges (Class II total under paragraph) 33 U.S.C. 1321(b)(6)(B)(ii); 33 CFR 27.3 279,036 1.03241 288,080. Oil/Hazardous Substances: Discharges (per day of violation) Judicial Assessment 33 U.S.C. 1321(b)(7)(A); 33 CFR 27.3 55,808 1.03241 57,617. 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 2,233 1.03241 2,305. 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 55,808 1.03241 57,617. 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 55,808 1.03241 57,617. 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 6,696 1.03241 6,913. Oil/Hazardous Substances: Discharges, Gross Negligence-Minimum Penalty (Judicial Assessment) 33 U.S.C. 1321(b)(7)(D); 33 CFR 27.3 223,229 1.03241 230,464. Marine Sanitation Devices; Operating 33 U.S.C. 1322(j); 33 CFR 27.3 9,399 1.03241 9,704. Marine Sanitation Devices; Sale or Manufacture 33 U.S.C. 1322(j); 33 CFR 27.3 25,059 1.03241 25,871. International Navigation Rules; Operator 33 U.S.C. 1608(a); 33 CFR 27.3 17,570 1.03241 18,139. International Navigation Rules; Vessel 33 U.S.C. 1608(b); 33 CFR 27.3 17,570 1.03241 18,139. Pollution from Ships; General 33 U.S.C. 1908(b)(1); 33 CFR 27.3 87,855 1.03241 90,702. Pollution from Ships; False Statement 33 U.S.C. 1908(b)(2); 33 CFR 27.3 17,570 1.03241 18,139. Inland Navigation Rules; Operator 33 U.S.C. 2072(a); 33 CFR 27.3 17,570 1.03241 18,139. Inland Navigation Rules; Vessel 33 U.S.C. 2072(b); 33 CFR 27.3 17,570 1.03241 18,139. Shore Protection; General 33 U.S.C. 2609(a); 33 CFR 27.3 61,982 1.03241 63,991. Shore Protection; Operating Without Permit 33 U.S.C. 2609(b); 33 CFR 27.3 24,793 1.03241 25,597. Oil Pollution Liability and Compensation 33 U.S.C. 2716a(a); 33 CFR 27.3 55,808 1.03241 57,617. Clean Hulls 33 U.S.C. 3852(a)(1)(A); 33 CFR 27.3 51,097 1.03241 52,753. Clean Hulls-related to false statements 33 U.S.C. 3852(a)(1)(A); 33 CFR 27.3 68,129 1.03241 70,337. Clean Hulls-Recreational Vessel 33 U.S.C. 3852(c); 33 CFR 27.3 6,813 1.03241 7,034. Hazardous Substances, Releases, Liability, Compensation (Class I) 42 U.S.C. 9609(a); 33 CFR 27.3 67,544 1.03241 69,733. Hazardous Substances, Releases, Liability, Compensation (Class II) 42 U.S.C. 9609(b); 33 CFR 27.3 67,544 1.03241 69,733. Hazardous Substances, Releases, Liability, Compensation (Class II subsequent offense) 42 U.S.C. 9609(b); 33 CFR 27.3 202,635 1.03241 209,202. Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment) 42 U.S.C. 9609(c); 33 CFR 27.3 67,544 1.03241 69,733. Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment subsequent offense) 42 U.S.C. 9609(c); 33 CFR 27.3 202,635 1.03241 209,202. Safe Containers for International Cargo 46 U.S.C. 80509; 33 CFR 27.3 7,383 1.03241 7,622. Suspension of Passenger Service 46 U.S.C. 70305; 33 CFR 27.3 73,837 1.03241 76,230. Vessel Inspection or Examination Fees 46 U.S.C. 2110(e); 33 CFR 27.3 11,162 1.03241 11,524. Alcohol and Dangerous Drug Testing 46 U.S.C. 2115; 33 CFR 27.3 9,086 1.03241 9,380. Negligent Operations: Recreational Vessels 46 U.S.C. 2302(a); 33 CFR 27.3 8,219 1.03241 8,485. Negligent Operations: Other Vessels 46 U.S.C. 2302(a); 33 CFR 27.3 41,093 1.03241 42,425. Operating a Vessel While Under the Influence of Alcohol or a Dangerous Drug 46 U.S.C. 2302(c)(1); 33 CFR 27.3 9,086 1.03241 9,380. Vessel Reporting Requirements: Owner, Charterer, Managing Operator, or Agent 46 U.S.C. 2306(a)(4); 33 CFR 27.3 14,149 1.03241 14,608. Vessel Reporting Requirements: Master 46 U.S.C. 2306(b)(2); 33 CFR 27.3 2,830 1.03241 2,922. Immersion Suits 46 U.S.C. 3102(c)(1); 33 CFR 27.3 14,149 1.03241 14,608. Inspection Permit 46 U.S.C. 3302(i)(5); 33 CFR 27.3 2,951 1.03241 3,047. Vessel Inspection; General 46 U.S.C. 3318(a); 33 CFR 27.3 14,149 1.03241 14,608. Vessel Inspection; Nautical School Vessel 46 U.S.C. 3318(g); 33 CFR 27.3 14,149 1.03241 14,608. Vessel Inspection; Failure to Give Notice in accordance with
(IAW)3304(b) 46 U.S.C. 3318(h); 33 CFR 27.3 2,830 1.03241 2,922. Vessel Inspection; Failure to Give Notice IAW 3309(c) 46 U.S.C. 3318(i); 33 CFR 27.3 2,830 1.03241 2,922. Vessel Inspection; Vessel ≥1600 Gross Tons 46 U.S.C. 3318(j)(1); 33 CFR 27.3 28,304 1.03241 29,221. Vessel Inspection; Vessel <1600 Gross Tons
(GT)46 U.S.C. 3318(j)(1); 33 CFR 27.3 5,661 1.03241 5,844. Vessel Inspection; Failure to Comply with 3311(b) 46 U.S.C. 3318(k); 33 CFR 27.3 28,304 1.03241 29,221. Vessel Inspection; Violation of 3318(b)-3318(f) 46 U.S.C. 3318(l); 33 CFR 27.3 14,149 1.03241 14,608. List/count of Passengers 46 U.S.C. 3502(e); 33 CFR 27.3 294 1.03241 304. Notification to Passengers 46 U.S.C. 3504(c); 33 CFR 27.3 29,505 1.03241 30,461. Notification to Passengers; Sale of Tickets 46 U.S.C. 3504(c); 33 CFR 27.3 1,474 1.03241 1,522. Copies of Laws on Passenger Vessels; Master 46 U.S.C. 3506; 33 CFR 27.3 590 1.03241 609. Liquid Bulk/Dangerous Cargo 46 U.S.C. 3718(a)(1); 33 CFR 27.3 73,764 1.03241 76,155. Uninspected Vessels 46 U.S.C. 4106; 33 CFR 27.3 12,397 1.03241 12,799. Recreational Vessels (maximum for related series of violations) 46 U.S.C. 4311(b)(1); 33 CFR 27.3 390,271 1.03241 402,920. Recreational Vessels; Violation of 4307(a) 46 U.S.C. 4311(b)(1); 33 CFR 27.3 7,805 1.03241 8,058. Recreational vessels 46 U.S.C. 4311(d); 33 CFR 27.3 2,951 1.03241 3,047. Uninspected Commercial Fishing Industry Vessels 46 U.S.C. 4507; 33 CFR 27.3 12,397 1.03241 12,799. Abandonment of Barges 46 U.S.C. 4703; 33 CFR 27.3 2,100 1.03241 2,168. Load Lines 46 U.S.C. 5116(a); 33 CFR 27.3 13,508 1.03241 13,946. Load Lines; Violation of 5112(a) 46 U.S.C. 5116(b); 33 CFR 27.3 27,018 1.03241 27,894. Load Lines; Violation of 5112(b) 46 U.S.C. 5116(c); 33 CFR 27.3 13,508 1.03241 13,946. Reporting Marine Casualties 46 U.S.C. 6103(a); 33 CFR 27.3 47,061 1.03241 48,586. Reporting Marine Casualties; Violation of 6104 46 U.S.C. 6103(b); 33 CFR 27.3 12,397 1.03241 12,799. Manning of Inspected Vessels; Failure to Report Deficiency in Vessel Complement 46 U.S.C. 8101(e); 33 CFR 27.3 2,233 1.03241 2,305. Manning of Inspected Vessels 46 U.S.C. 8101(f); 33 CFR 27.3 22,324 1.03241 23,048. Manning of Inspected Vessels; Employing or Serving in Capacity not Licensed by USCG 46 U.S.C. 8101(g); 33 CFR 27.3 22,324 1.03241 23,048. 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 2,951 1.03241 3,047. Watchmen on Passenger Vessels 46 U.S.C. 8102(a) 2,951 1.03241 3,047. Citizenship Requirements 46 U.S.C. 8103(f) 1,474 1.03241 1,522. Watches on Vessels; Violation of 8104(a) or
(b)46 U.S.C. 8104(i) 22,324 1.03241 23,048. Watches on Vessels; Violation of 8104(c), (d), (e), or
(h)46 U.S.C. 8104(j) 22,324 1.03241 23,048. Staff Department on Vessels 46 U.S.C. 8302(e) 294 1.03241 304. Officer's Competency Certificates 46 U.S.C. 8304(d) 294 1.03241 304. Coastwise Pilotage; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge 46 U.S.C. 8502(e) 22,324 1.03241 23,048. Coastwise Pilotage; Individual 46 U.S.C. 8502(f) 22,324 1.03241 23,048. Federal Pilots 46 U.S.C. 8503 70,752 1.03241 73,045. Merchant Mariners Documents 46 U.S.C. 8701(d) 1,474 1.03241 1,522. Crew Requirements 46 U.S.C. 8702(e) 22,324 1.03241 23,048. Small Vessel Manning 46 U.S.C. 8906 47,061 1.03241 48,586. Pilotage: Great Lakes; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge 46 U.S.C. 9308(a) 22,324 1.03241 23,048. Pilotage: Great Lakes; Individual 46 U.S.C. 9308(b) 22,324 1.03241 23,048. Pilotage: Great Lakes; Violation of 9303 46 U.S.C. 9308(c) 22,324 1.03241 23,048. Pay Advances to Seamen 46 U.S.C. 10314(a)(2) 1,474 1.03241 1,522. Pay Advances to Seamen; Remuneration for Employment 46 U.S.C. 10314(b) 1,474 1.03241 1,522. Allotment to Seamen 46 U.S.C. 10315(c) 1,474 1.03241 1,522. Seamen Protection; General 46 U.S.C. 10321 10,226 1.03241 10,557. Coastwise Voyages: Advances 46 U.S.C. 10505(a)(2) 10,226 1.03241 10,557. Coastwise Voyages: Advances; Remuneration for Employment 46 U.S.C. 10505(b) 10,226 1.03241 10,557. Coastwise Voyages: Seamen Protection; General 46 U.S.C. 10508(b) 10,226 1.03241 10,557. Effects of Deceased Seamen 46 U.S.C. 10711 590 1.03241 609. Complaints of Unfitness 46 U.S.C. 10902(a)(2) 1,474 1.03241 1,522. Proceedings on Examination of Vessel 46 U.S.C. 10903(d) 294 1.03241 304. Permission to Make Complaint 46 U.S.C. 10907(b) 1,474 1.03241 1,522. Accommodations for Seamen 46 U.S.C. 11101(f) 1,474 1.03241 1,522. Medicine Chests on Vessels 46 U.S.C. 11102(b) 1,474 1.03241 1,522. Destitute Seamen 46 U.S.C. 11104(b) 294 1.03241 304. Wages on Discharge 46 U.S.C. 11105(c) 1,474 1.03241 1,522. Log Books; Master Failing to Maintain 46 U.S.C. 11303(a) 590 1.03241 609. Log Books; Master Failing to Make Entry 46 U.S.C. 11303(b) 590 1.03241 609. Log Books; Late Entry 46 U.S.C. 11303(c) 443 1.03241 457. Carrying of Sheath Knives 46 U.S.C. 11506 148 1.03241 153. Vessel Documentation 46 U.S.C. 12151(a)(1) 19,324 1.03241 19,950. Documentation of Vessels—Related to Activities involving mobile offshore drilling units 46 U.S.C. 12151 (a)(2) 32,208 1.03241 33,252. Vessel Documentation; Fishery Endorsement 46 U.S.C. 12151(c) 147,675 1.03241 152,461. Numbering of Undocumented Vessels—Willful violation 46 U.S.C. 12309(a) 14,754 1.03241 15,232. Numbering of Undocumented Vessels 46 U.S.C. 12309(b) 2,951 1.03241 3,047. Vessel Identification System 46 U.S.C. 12507(b) 24,793 1.03241 25,597. Measurement of Vessels 46 U.S.C. 14701 54,038 1.03241 55,789. Measurement; False Statements 46 U.S.C. 14702 54,038 1.03241 55,789. Commercial Instruments and Maritime Liens 46 U.S.C. 31309 24,793 1.03241 25,597. Commercial Instruments and Maritime Liens; Mortgagor 46 U.S.C. 31330(a)(2) 24,793 1.03241 25,597. Commercial Instruments and Maritime Liens; Violation of 31329 46 U.S.C. 31330(b)(2) 61,982 1.03241 63,991. Ports and Waterway Safety Regulations 46 U.S.C. 70036(a); 33 CFR 27.3 111,031 1.03241 114,630. Vessel Navigation: Regattas or Marine Parades; Unlicensed Person in Charge 46 U.S.C. 70041(d)(1)(B); 33 CFR 27.3 11,162 1.03241 11,524. Vessel Navigation: Regattas or Marine Parades; Owner Onboard Vessel 46 U.S.C. 70041(d)(1)(C); 33 CFR 27.3 11,162 1.03241 11,524. Vessel Navigation: Regattas or Marine Parades; Other Persons 46 U.S.C. 70041(d)(1)(D); 33 CFR 27.3 5,580 1.03241 5,761. Port Security 46 U.S.C. 70119(a) 41,093 1.03241 42,425. Port Security—Continuing Violations 46 U.S.C. 70119(b) 73,837 1.03241 76,230. Maritime Drug Law Enforcement 46 U.S.C. 70506(c) 6,813 1.03241 7,034. Hazardous Materials: Related to Vessels 49 U.S.C. 5123(a)(1) 96,624 1.03241 99,756. Hazardous Materials: Related to Vessels—Penalty from Fatalities, Serious Injuries/Illness or substantial Damage to Property 49 U.S.C. 5123(a)(2) 225,455 1.03241 232,762. Hazardous Materials: Related to Vessels; Training 49 U.S.C. 5123(a)(3) 582 1.03241 601. * Office of Mgmt. and Budget, Exec. Office of the President, M-24-07, Implementation of Penalty Inflation Adjustments for 2024, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 19, 2023) ( *https://www.whitehouse.gov/wp-content/uploads/2023/12/M-24-07-Implementation-of-Penalty-Inflation-Adjustments-for-2024.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), 28 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 2024 adjustment for the penalties that TSA administers. 28 *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 2023 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) $40,272 (up to a total of $644,343 per civil penalty action) 1.03241 $41,577 (up to a total of $665,226 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) $16,108 (up to a total of $80,544 for individuals or small businesses, $644,343 for others) 1.03241 $16,630 (up to a total of $83,154 for individuals or small businesses, $665,226 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) $13,785 (up to a total of $68,928 total for individuals or small businesses, $551,417 for others) 1.03241 $14,232 (up to a total of $71,162 total for individuals or small businesses, $569,288 for others). * Office of Mgmt. and Budget, Exec. Office of the President, M-24-07, Implementation of Penalty Inflation Adjustments for 2024, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 19, 2022) ( *https://www.whitehouse.gov/wp-content/uploads/2023/12/M-24-07-Implementation-of-Penalty-Inflation-Adjustments-for-2024.pdf* ). IV. Administrative Procedure Act The Administrative Procedure Act (“APA”) (5 U.S.C. 551 *et seq.* ) require agencies, when conducting rulemaking, to provide advance public notice, seek public comment, and provide a thirty-day delayed effective date. An agency may issue a rule without first providing an opportunity for notice and comment if the agency makes a finding of good cause that that notice and comment procedures are impracticable, unnecessary, or contrary to the public interest. Notice and comment procedures are unnecessary, for example, if Congress requires non-discretionary action of an agency, leaving the agency without discretion to vary its action in response to the views or suggestions of public commenters. With respect to the annual inflation adjustments, DHS finds that notice and comment procedures are not required. The 2015 Act had instructed agencies to make the required annual adjustments “notwithstanding section 553 of title 5 of the U.S.C.” (See 28 U.S.C. 2461 note). Furthermore, DHS has good cause to forgo notice and comment procedures because such procedures would be unnecessary due to DHS's lack of discretion in updating the penalties. As required by the 2015 Act, DHS is updating the penalty amounts by applying the cost-of-living adjustment multiplier that OMB has provided to agencies. For the same reasons, DHS also finds that it has good cause to forgo a delayed effective date under section 553(d) of the APA. With respect to the penalties that Coast Guard has added in this rulemaking, DHS finds that there is good cause to bypass notice and comment procedures. In this rule, the Coast Guard adds penalties to Table 1 in 33 CFR part 27. The penalties address master key control systems (46 U.S.C. 3106(d)), passenger vessel safety and security (46 U.S.C. 3507(h)(1)(A) and 46 U.S.C. 3508(d)), engine cut-off switches (46 U.S.C. 4311(c)), employing qualified available U.S. citizens or residents (46 U.S.C. 8106(f)(2)-(3)), the requirement to report sexual assault and harassment (46 U.S.C. 10104(a)(2) and 46 U.S.C. 10104(d)(2)), vessel escort operations and towing assistance (46 U.S.C. 55112(d)), and the regulation of vessels in the territorial waters of the United States (46 U.S.C. 70052(c). See Table 3, “U.S. Coast Guard Civil Penalty Additions,” above for more information on the penalties that the Coast Guard is adding to Table 1 in 33 CFR part 27. DHS finds that there is good cause to forgo notice and comment procedures for these additions because notice and comment procedures would be unnecessary. Notice and comment would not change either the initial maximum statutory penalties (set by their authorizing statutes) or the multiplier (set by OMB). The authorizing statutes for these penalties and the 2015 Act leave the Coast Guard no discretion to consider any other alternatives for setting the penalties. For the reasons stated above, DHS also finds that good cause exists to forgo a 30-day delayed effective date under section 553(d) of the APA. V. Regulatory Analyses A. Executive Orders 12866 and 13563 Executive Orders 12866 (“Regulatory Planning and Review”), as amended by Executive Order 14094 (“Modernizing Regulatory 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, as amended by Executive Order 14094. 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. 29 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. 29 Office of Mgmt. and Budget, Exec. Office of the President, M-24-07, Implementation of Penalty Inflation Adjustments for 2024, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 19, 2023) ( *https://www.whitehouse.gov/wp-content/uploads/2023/12/M-24-07-Implementation-of-Penalty-Inflation-Adjustments-for-2024.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 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 8 CFR parts 270, 274a, and 280, 19 CFR part 4, 33 CFR part 27, and 49 CFR part 1503 as follows: Title 8—Aliens and Nationality PART 270—PENALTIES FOR DOCUMENT FRAUD 1. 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. 2. 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 $575 and not exceeding $4,610 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 $487 and not exceeding $3,887 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 $4,610 and not more than $11,524 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 $3,887 and not more than $9,718 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 3. 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. 4. 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 $2,789 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. 5. In § 274a.10, revise paragraphs (b)(1)(ii)(A) through
(C)and 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 $698 and not more than $5,579 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 $5,579 and not more than $13,946 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 $8,369 and not more than $27,894 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 $281 and not more than $2,789 for each individual with respect to whom such violation occurred after November 2, 2015. In determining the amount of the penalty, consideration shall be given to: PART 280—IMPOSITION AND COLLECTION OF FINES 6. 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. 7. 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 $1,643 to $1,696.
(2)Section 234 of the Act, penalties for non-compliance with landing requirements at designated ports of entry for aircraft transporting aliens: From $4,465 to $4,610.
(3)Section 240B(d) of the Act, penalties for failure to depart voluntarily: From $1,881 minimum/$9,413 maximum to $1,942 minimum/$9,718 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 $3,765 to $3,887.
(5)Penalties for failure to remove alien stowaways under section 241(d)(2) of the Act: From $9,413 to $9,718.
(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 $446 to $460; and penalties for use of alien crewmen for longshore work in violation of section 251(d) of the Act: From $11,162 to $11,524.
(7)Section 254(a) of the Act, penalties for failure to control, detain, or remove alien crewmen: From $1,116 minimum/$6,696 maximum to $1,152 minimum/$6,913 maximum.
(8)Section 255 of the Act, penalties for employment on passenger vessels of aliens afflicted with certain disabilities: From $2,232 to $2,304.
(9)Section 256 of the Act, penalties for discharge of alien crewmen: From $3,348 minimum/$6,696 maximum to $3,457 minimum/$6,913 maximum.
(10)Section 257 of the Act, penalties for bringing into the United States alien crewmen with intent to evade immigration laws: From $22,324 maximum to $23,048 maximum.
(11)Section 271(a) of the Act, penalties for failure to prevent the unauthorized landing of aliens: From $6,696 to $6,913.
(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 $6,696 to $6,913.
(13)Section 273(b) of the Act, penalties for bringing to the United States aliens without required documentation: From $6,696 to $6,913.
(14)Section 274D of the Act, penalties for failure to depart: From $942 maximum to $973 maximum, for each day the alien is in violation.
(15)Section 275(b) of the Act, penalties for improper entry: From $94 minimum/$472 maximum to $97 minimum/$487 maximum, for each entry or attempted entry. Title 19—Customs Duties PART 4—VESSELS IN FOREIGN AND DOMESTIC TRADES 8. 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; 9. 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 $971 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 $1,617 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. 10. 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 $1,132 to $3,558 against the owner or master of the towing vessel and a further penalty against the towing vessel of $193 per ton of the towed vessel (46 U.S.C. 55111, as adjusted by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015). Title 33—Navigation and Navigable Waters PART 27—ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION 11. The authority citation for part 27 continues to read as follows: Authority: Secs. 1-6, Pub. L. 101-410, 104 Stat. 890, as amended by Sec. 31001(s)(1), Pub. L. 104-134, 110 Stat. 1321 (28 U.S.C. 2461 note); Department of Homeland Security Delegation No. 0170.1, sec. 2 (106). 12. In § 27.3, revise the third sentence of the introductory text and Table 1 to read as follows: § 27.3 Penalty adjustment table. * * * The adjusted civil penalty amounts listed in Table 1 to this section are applicable for penalty assessments issued after June 28, 2024, with respect to violations occurring after November 2, 2015. * * * Table 1 to § 27.3—Civil Monetary Penalty Inflation Adjustments U.S. Code citation Civil monetary penalty description 2024 Adjusted maximum penalty amount ($) 14 U.S.C. 521(c) Saving Life and Property $12,958 14 U.S.C. 521(e) Saving Life and Property; Intentional Interference with Broadcast 1,330 14 U.S.C. 936(i) Confidentiality of Medical Quality Assurance Records (first offense) 6,508 14 U.S.C. 936(i) Confidentiality of Medical Quality Assurance Records (subsequent offenses) 43,394 19 U.S.C. 70 Obstruction of Revenue Officers by Masters of Vessels 9,704 19 U.S.C. 70 Obstruction of Revenue Officers by Masters of Vessels—Minimum Penalty 2,264 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 14,069 33 U.S.C. 474 Anchorage Ground/Harbor Regulations St. Mary's River 971 33 U.S.C. 495(b) Bridges/Failure to Comply with Regulations 35,516 33 U.S.C. 499(c) Bridges/Drawbridges 35,516 33 U.S.C. 502(c) Bridges/Failure to Alter Bridge Obstructing Navigation 35,516 33 U.S.C. 533(b) Bridges/Maintenance and Operation 35,516 33 U.S.C. 1208(a) Bridge to Bridge Communication; Master, Person in Charge or Pilot 2,587 33 U.S.C. 1208(b) Bridge to Bridge Communication; Vessel 2,587 33 U.S.C. 1321(b)(6)(B)(i) Oil/Hazardous Substances: Discharges (Class I per violation) 23,048 33 U.S.C. 1321(b)(6)(B)(i) Oil/Hazardous Substances: Discharges (Class I total under paragraph) 57,617 33 U.S.C. 1321(b)(6)(B)(ii) Oil/Hazardous Substances: Discharges (Class II per day of violation) 23,048 33 U.S.C. 1321(b)(6)(B)(ii) Oil/Hazardous Substances: Discharges (Class II total under paragraph) 288,080 33 U.S.C. 1321(b)(7)(A) Oil/Hazardous Substances: Discharges (per day of violation) Judicial Assessment 57,617 33 U.S.C. 1321(b)(7)(A) Oil/Hazardous Substances: Discharges (per barrel of oil or unit discharged) Judicial Assessment 2,305 33 U.S.C. 1321(b)(7)(B) Oil/Hazardous Substances: Failure to Carry Out Removal/Comply With Order (Judicial Assessment) 57,617 33 U.S.C. 1321(b)(7)(C) Oil/Hazardous Substances: Failure to Comply with Regulation Issued Under 1321(j) (Judicial Assessment) 57,617 33 U.S.C. 1321(b)(7)(D) Oil/Hazardous Substances: Discharges, Gross Negligence (per barrel of oil or unit discharged) Judicial Assessment 6,913 33 U.S.C. 1321(b)(7)(D) Oil/Hazardous Substances: Discharges, Gross Negligence—Minimum Penalty (Judicial Assessment) 230,464 33 U.S.C. 1322(j) Marine Sanitation Devices; Operating 9,704 33 U.S.C. 1322(j) Marine Sanitation Devices; Sale or Manufacture 25,871 33 U.S.C. 1608(a) International Navigation Rules; Operator 18,139 33 U.S.C. 1608(b) International Navigation Rules; Vessel 18,139 33 U.S.C. 1908(b)(1) Pollution from Ships; General 90,702 33 U.S.C. 1908(b)(2) Pollution from Ships; False Statement 18,139 33 U.S.C. 2072(a) Inland Navigation Rules; Operator 18,139 33 U.S.C. 2072(b) Inland Navigation Rules; Vessel 18,139 33 U.S.C. 2609(a) Shore Protection; General 63,991 33 U.S.C. 2609(b) Shore Protection; Operating Without Permit 25,597 33 U.S.C. 2716a(a) Oil Pollution Liability and Compensation 57,617 33 U.S.C. 3852(a)(1)(A) Clean Hulls; Civil Enforcement 52,753 33 U.S.C. 3852(a)(1)(A) Clean Hulls; related to false statements 70,337 33 U.S.C. 3852(c) Clean Hulls; Recreational Vessels 7,034 42 U.S.C. 9609(a) Hazardous Substances, Releases, Liability, Compensation (Class I) 69,733 42 U.S.C. 9609(b) Hazardous Substances, Releases, Liability, Compensation (Class II) 69,733 42 U.S.C. 9609(b) Hazardous Substances, Releases, Liability, Compensation (Class II subsequent offense) 209,202 42 U.S.C. 9609(c) Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment) 69,733 42 U.S.C. 9609(c) Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment subsequent offense) 209,202 46 U.S.C. 80509(a) Safe Containers for International Cargo 7,622 46 U.S.C. 70305(c) Suspension of Passenger Service 76,230 46 U.S.C. 2110(e) Vessel Inspection or Examination Fees 11,524 46 U.S.C. 2115 Alcohol and Dangerous Drug Testing 9,380 46 U.S.C. 2302(a) Negligent Operations: Recreational Vessels 8,485 46 U.S.C. 2302(a) Negligent Operations: Other Vessels 42,425 46 U.S.C. 2302(c)(1) Operating a Vessel While Under the Influence of Alcohol or a Dangerous Drug 9,380 46 U.S.C. 2306(a)(4) Vessel Reporting Requirements: Owner, Charterer, Managing Operator, or Agent 14,608 46 U.S.C. 2306(b)(2) Vessel Reporting Requirements: Master 2,922 46 U.S.C. 3102(c)(1) Immersion Suits 14,608 46 U.S.C. 3106(d) Master Key Control System 1,032 46 U.S.C. 3302(i)(5) Inspection Permit 3,047 46 U.S.C. 3318(a) Vessel Inspection; General 14,608 46 U.S.C. 3318(g) Vessel Inspection; Nautical School Vessel 14,608 46 U.S.C. 3318(h) Vessel Inspection; Failure to Give Notice in accordance with
(IAW)3304(b) 2,922 46 U.S.C. 3318(i) Vessel Inspection; Failure to Give Notice IAW 3309(c) 2,922 46 U.S.C. 3318(j)(1) Vessel Inspection; Vessel ≥1600 Gross Tons 29,221 46 U.S.C. 3318(j)(1) Vessel Inspection; Vessel <1600 Gross Tons
(GT)5,844 46 U.S.C. 3318(k) Vessel Inspection; Failure to Comply with 3311(b) 29,221 46 U.S.C. 3318(l) Vessel Inspection; Violation of 3318(b)-3318(f) 14,608 46 U.S.C. 3502(e) List/count of Passengers 304 46 U.S.C. 3504(c) Notification to Passengers 30,461 46 U.S.C. 3504(c) Notification to Passengers; Sale of Tickets 1,522 46 U.S.C. 3506 Copies of Laws on Passenger Vessels; Master 609 46 U.S.C. 3507(h)(1)(A) Passenger Vessel Security and Safety; Daily Penalty & Maximum Penalty 25,810 Daily/ 51,621 Maximum 46 U.S.C. 3508(d) Passenger Vessel Security and Safety; Crewmembers Crime Scene Preservation Training; Maximum Penalty 51,621 46 U.S.C. 3718(a)(1) Liquid Bulk/Dangerous Cargo 76,155 46 U.S.C. 4106 Uninspected Vessels 12,799 46 U.S.C. 4311(b)(1) Recreational Vessels (maximum for related series of violations) 402,920 46 U.S.C. 4311(b)(1) Recreational Vessels; Violation of 4307(a) 8,058 46 U.S.C. 4311(c) Engine Cut-Off Switches; Violation of 4312(b), First Offense 103 46 U.S.C. 4311(c) Engine Cut-Off Switches; Violation of 4312(b), Second Offense 258 46 U.S.C. 4311(c) Engine Cut-Off Switches; Violation of 4312(b), Subsequent to Second Offense 516 46 U.S.C. 4311(d) Recreational Vessels 3,047 46 U.S.C. 4507 Uninspected Commercial Fishing Industry Vessels 12,799 46 U.S.C. 4703 Abandonment of Barges 2,168 46 U.S.C. 5116(a) Load Lines 13,946 46 U.S.C. 5116(b) Load Lines; Violation of 5112(a) 27,894 46 U.S.C. 5116(c) Load Lines; Violation of 5112(b) 13,946 46 U.S.C. 6103(a) Reporting Marine Casualties 48,586 46 U.S.C. 6103(b) Reporting Marine Casualties; Violation of 6104 12,799 46 U.S.C. 8101(e) Manning of Inspected Vessels; Failure to Report Deficiency in Vessel Complement 2,305 46 U.S.C. 8101(f) Manning of Inspected Vessels 23,048 46 U.S.C. 8101(g) Manning of Inspected Vessels; Employing or Serving in Capacity not Licensed by U.S. Coast Guard
(USCG)23,048 46 U.S.C. 8101(h) Manning of Inspected Vessels; Freight Vessel <100 GT, Small Passenger Vessel, or Sailing School Vessel 3,047 46 U.S.C. 8102(a) Watchmen on Passenger Vessels 3,047 46 U.S.C. 8103(f) Citizenship Requirements 1,522 46 U.S.C. 8104(i) Watches on Vessels; Violation of 8104(a) or
(b)23,048 46 U.S.C. 8104(j) Watches on Vessels; Violation of 8104(c), (d), (e), or
(h)23,048 46 U.S.C. 8106(f) Employing Qualified Available U.S. Citizens or Residents 10,324 Daily/ 103,241 Maximum 46 U.S.C. 8302(e) Staff Department on Vessels 304 46 U.S.C. 8304(d) Officer's Competency Certificates 304 46 U.S.C. 8502(e) Coastwise Pilotage; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge 23,048 46 U.S.C. 8502(f) Coastwise Pilotage; Individual 23,048 46 U.S.C. 8503 Federal Pilots 73,045 46 U.S.C. 8701(d) Merchant Mariners Documents 1,522 46 U.S.C. 8702(e) Crew Requirements 23,048 46 U.S.C. 8906 Small Vessel Manning 48,586 46 U.S.C. 9308(a) Pilotage: Great Lakes; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge 23,048 46 U.S.C. 9308(b) Pilotage: Great Lakes; Individual 23,048 46 U.S.C. 9308(c) Pilotage: Great Lakes; Violation of 9303 23,048 46 U.S.C. 10104(a)(2) Requirement to Report Sexual Assault and Harassment; Mandatory Reporting by Responsible Entity of a Vessel 51,621 46 U.S.C. 10104(d)(2) Requirement to Report Sexual Assault and Harassment; Company After Action Summary, violation of 10104(d)(1) 25,810 46 U.S.C. 10104(d)(2) Requirement to Report Sexual Assault and Harassment; Company After Action Summary, Daily Noncompliance Penalty 516 46 U.S.C. 10104(d)(2) Requirement to Report Sexual Assault and Harassment; Company After Action Summary, Civil Penalty Maximum 51,621 46 U.S.C. 10314(a)(2) Pay Advances to Seamen 1,522 46 U.S.C. 10314(b) Pay Advances to Seamen; Remuneration for Employment 1,522 46 U.S.C. 10315(c) Allotment to Seamen 1,522 46 U.S.C. 10321 Seamen Protection; General 10,557 46 U.S.C. 10505(a)(2) Coastwise Voyages: Advances 10,557 46 U.S.C. 10505(b) Coastwise Voyages: Advances; Remuneration for Employment 10,557 46 U.S.C. 10508(b) Coastwise Voyages: Seamen Protection; General 10,557 46 U.S.C. 10711 Effects of Deceased Seamen 609 46 U.S.C. 10902(a)(2) Complaints of Unfitness 1,522 46 U.S.C. 10903(d) Proceedings on Examination of Vessel 304 46 U.S.C. 10907(b) Permission to Make Complaint 1,522 46 U.S.C. 11101(f) Accommodations for Seamen 1,522 46 U.S.C. 11102(b) Medicine Chests on Vessels 1,522 46 U.S.C. 11104(b) Destitute Seamen 304 46 U.S.C. 11105(c) Wages on Discharge 1,522 46 U.S.C. 11303(a) Log Books; Master Failing to Maintain 609 46 U.S.C. 11303(b) Log Books; Master Failing to Make Entry 609 46 U.S.C. 11303(c) Log Books; Late Entry 457 46 U.S.C. 11506 Carrying of Sheath Knives 153 46 U.S.C. 12151(a)(1) Vessel Documentation 19,950 46 U.S.C. 12151(a)(2) Documentation of Vessels—Related to activities involving mobile offshore drilling units 33,252 46 U.S.C. 12151(c) Vessel Documentation; Fishery Endorsement 152,461 46 U.S.C. 12309(a) Numbering of Undocumented Vessels—Willful violation 15,232 46 U.S.C. 12309(b) Numbering of Undocumented Vessels 3,047 46 U.S.C. 12507(b) Vessel Identification System 25,597 46 U.S.C. 14701 Measurement of Vessels 55,789 46 U.S.C. 14702 Measurement; False Statements 55,789 46 U.S.C. 31309 Commercial Instruments and Maritime Liens 25,597 46 U.S.C. 31330(a)(2) Commercial Instruments and Maritime Liens; Mortgagor 25,597 46 U.S.C. 31330(b)(2) Commercial Instruments and Maritime Liens; Violation of 31329 63,991 46 U.S.C. 55112(d) Vessel Escort Operations and Towing Assistance 10,324 46 U.S.C. 70052(c) Regulation of Vessels in Territorial Waters of the United States 25,810 46 U.S.C. 70036(a) Ports and Waterways Safety Regulations 114,630 46 U.S.C. 70041(d)(1)(B) Vessel Navigation: Regattas or Marine Parades; Unlicensed Person in Charge 11,524 46 U.S.C. 70041(d)(1)(C) Vessel Navigation: Regattas or Marine Parades; Owner Onboard Vessel 11,524 46 U.S.C. 70041(d)(1)(D) Vessel Navigation: Regattas or Marine Parades; Other Persons 5,761 46 U.S.C. 70119(a) Port Security 42,425 46 U.S.C. 70119(b) Port Security—Continuing Violations 76,230 46 U.S.C. 70506 Maritime Drug Law Enforcement; Penalties 7,034 49 U.S.C. 5123(a)(1) Hazardous Materials: Related to Vessels—Maximum Penalty 99,756 49 U.S.C. 5123(a)(2) Hazardous Materials: Related to Vessels—Penalty from Fatalities, Serious Injuries/Illness or Substantial Damage to Property 232,762 49 U.S.C. 5123(a)(3) Hazardous Materials: Related to Vessels—Training 601 1 Enacted under the Tariff Act of 1930 exempt from inflation adjustments. Title 49—Transportation PART 1503—INVESTIGATIVE AND ENFORCEMENT PROCEDURES 13. 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. 14. 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, $14,232 per violation, up to a total of $71,162 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, $14,232 per violation, up to a total of $569,288 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, $16,630 per violation, up to a total of $83,154 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, $16,630 per violation, up to a total of $665,226 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, $41,577 per violation, up to a total of $665,226 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. 2024-14121 Filed 6-27-24; 8:45 am]
Connectionstraces to 138
Traces to 138 documents
public-private-law
- Bipartisan Budget Act of 2015Public Law 114-74
- Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014Public Law 113-254
- To extend the Chemical Facility Anti-Terrorism Standards Program of the Department of Homeland Security, and for other purposes.July 22, 2020[[SPublic Law 116-150
- James M. Inhofe National Defense Authorization Act for Fiscal Year 2023Public Law 117-263
- John S. McCain National Defense Authorization Act for Fiscal Year 2019Public Law 115-232
- William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021Public Law 116-283
- FAA Reauthorization Act of 2018Public Law 115-254
U.S. Code
- Mode of recovery§ 2461
- Tax imposed§ 1
- Harmonized Tariff Schedule§ 1202
- Lists of alien and citizen passengers arriving and departing§ 1221
- Designation of ports of entry for aliens arriving by aircraft§ 1224
- Voluntary departure§ 1229c
- Penalties related to removal§ 1253
- Alien crewmen§ 1281
- Control of alien crewmen§ 1284
- Employment on passenger vessels of aliens afflicted with certain disabilities§ 1285
- Discharge of alien crewmen; penalties§ 1286
- Alien crewmen brought into the United States with intent to evade immigration laws; penalties§ 1287
- Prevention of unauthorized landing of aliens§ 1321
- Bringing in aliens subject to denial of admission on a health-related ground; persons liable; clearance papers; exceptions; “person” defined§ 1322
- Unlawful bringing of aliens into United States§ 1323
- Civil penalties for failure to depart§ 1324d
- Improper entry by alien§ 1325
- Dealing in or using empty stamped imported liquor containers§ 469
- Civil penalties for trading without required certificate of documentation§ 1706a
- Owners engaged primarily in manufacturing or mineral industry§ 12118
- Transportation of passengers§ 55103
- Towing§ 55111
- Requirement to report sexual offenses§ 10104
- Master key control system§ 3106
- Passenger vessel security and safety requirements§ 3507
- Crime scene preservation training for passenger vessel crewmembers§ 3508
- Penalties and injunctions§ 4311
- Riding gangs§ 8106
- Vessel escort operations and towing assistance§ 55112
- Seizure and forfeiture of vessel; fine and imprisonment§ 70052
- Saving life and property§ 521
- Confidentiality of medical quality assurance records; qualified immunity for participants§ 936
- Obstruction of revenue officers by masters of vessels§ 70
- Boarding vessels§ 1581
- Transferred§ 471
- Repealed. Pub. L. 117–263, div. K, title CXVIII, § 11808(a)(1), Dec. 23, 2022, 136 Stat. 4165§ 474
- Violations of orders respecting bridges and accessory works§ 495
- Regulations for drawbridges§ 499
- Alteration, removal, or repair of bridge or accessory obstructions to navigation§ 502
- Penalties for violations§ 533
- Penalties§ 1208
- Oil and hazardous substance liability§ 1321
- Marine sanitation devices; discharges incidental to the normal operation of vessels§ 1322
- INSPECTOR GENERAL.§ 1608
- Penalties for violations§ 1908
- Violations of Inland Navigational Rules§ 2072
- Penalties§ 2609
- Financial responsibility civil penalties§ 2716a
- Civil enforcement§ 3852
- Civil penalties and awards§ 9609
- Civil penalty§ 80509
- Suspension of passenger services§ 70305
- Fees§ 2110
- Civil penalty to enforce alcohol and dangerous drug testing§ 2115
- Penalties for negligent operations and interfering with safe operation§ 2302
- Vessel reporting requirements§ 2306
- Immersion suits§ 3102
- Exemptions§ 3302
- Penalties§ 3318
- List or count of passengers§ 3502
- Notification to passengers§ 3504
- Copies of laws§ 3506
- Penalties§ 3718
- Penalties§ 4106
- Penalties§ 4507
- Penalty for unlawful abandonment of barge§ 4703
- Penalties§ 5116
- Penalty§ 6103
- Complement of inspected vessels§ 8101
- Watchmen§ 8102
- Citizenship or noncitizen nationality and Navy Reserve requirements§ 8103
- Watches§ 8104
- Staff department§ 8302
- Implementing the Officers’ Competency Certificates Convention, 1936§ 8304
- Federal pilots required§ 8502
- Federal pilots authorized§ 8503
- Merchant mariners’ documents required§ 8701
- Certain crew requirements§ 8702
- Penalty§ 8906
- Penalties§ 9308
- Advances§ 10314
- Allotments§ 10315
- General penalty§ 10321
- Advances§ 10505
- General penalties§ 10508
- Penalties§ 10711
- Complaints of unfitness§ 10902
- Proceedings on examination of vessel§ 10903
- Permission to make complaint§ 10907
- Accommodations for seamen§ 11101
- Medicine chests§ 11102
- Destitute seamen§ 11104
- Wages on discharge when vessel sold§ 11105
- Penalties§ 11303
- Carrying sheath knives§ 11506
- Penalties§ 12151
- Penalties§ 12309
- Penalties§ 12507
- General violation§ 14701
- False statements§ 14702
- General civil penalty§ 31309
- Penalties§ 31330
- Enforcement§ 70036
- Regattas and marine parades§ 70041
- Civil penalty§ 70119
- Penalties§ 70506
- Civil penalty§ 5123
- Civil penalties§ 46301
- Transportation Security Administration§ 114
- Transportation worker identification credentials§ 70105
- False information§ 46302
- Definitions§ 551
- Rule making§ 553
- Definitions§ 1101
- Immigration and transition§ 1806
- Powers and duties of the Secretary, the Under Secretary, and the Attorney General§ 1103
- Departmental regulations§ 301
- Rules and forms prescribed by Secretary§ 66
- Waiver of navigation and vessel-inspection laws§ 501
- Coastwise endorsement§ 12112
- Public transportation employee protections§ 1142
- Immunity generally§ 6002
- Definitions§ 632
CFR
44 references not yet in our index
- 19 CFR 4
- 33 CFR 27
- 49 CFR 1503
- Pub. L. 109-295
- 6 USC 621
- 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
- Pub. L. 109-241
- 132 Stat. 3186
- 49 CFR 1503.401(c)(3)
- 49 CFR 1503.401(c)
- 49 CFR 1503.401(b)
- 5 USC 601-612
- 2 USC 1531-1538
- 5 CFR 1320
- 8 CFR 270
- 8 CFR 280
- Pub. L. 101-410
- 104 Stat. 890
- Pub. L. 104-134
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