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Federal Register / Vol. 86, No. 198 / Monday, October 18, 2021 / Rules and Regulations relevant civil penalty or penalties, and we provide a table showing the increase in the penalties for 2021. 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 2020
final rule, 4 the cost-of-living adjustment multiplier for 2021 that OMB provided in its December 23, 2020, guidance, and 5 the new 2021
adjusted penalty. The 2015 Act instructs agencies to round penalties to the nearest $1. For a more complete discussion of the method used for calculating the initial catch-up inflation adjustments and a componentby-component breakdown to the nature of the civil penalties and relevant legal authorities, please see the IFR preamble at 81 FR 4298743000.

III. Adjustments by Component In the following sections, we briefly describe the civil penalties that DHS
and its components, the Cybersecurity and Infrastructure Security Agency CISA, the U.S. Customs and Border Protection CBP, the U.S. Immigration and Customs Enforcement ICE, the U.S. Coast Guard USCG, and the Transportation Security Administration TSA, assess. Other components not mentioned do not impose any civil monetary penalties. We include tables at the end of each section, which list the individual adjustments for each penalty.
A. Cybersecurity and Infrastructure Security Agency
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only one civil penalty that the 2015 Act affects. That penalty assesses fines for violations of the Chemical Facility AntiTerrorism 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. 109295.10 The CFATS
regulation is located in part 27 of title 6 of the Code of Federal Regulations CFR. Below is a table showing the 2021 adjustment for the CFATS penalty that CISA administers.

The Cybersecurity and Infrastructure Security Agency CISA administers
TABLE 1CFATS CIVIL PENALTY ADJUSTMENT
Penalty name
Penalty amount as adjusted in the 2020 FR
per day
Citation
Penalty for non-compliance with CFATS regulations

6 U.S.C. 624b1; 6 CFR
27.300b3.

$35,486

Multiplier

1.01182

New penalty as adjusted by this final rule per day $35,905

Office of Mgmt. and Budget, Exec. Office of the President, M2110, Implementation of Penalty Inflation Adjustments for 2021, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 Dec. 23, 2020 https www.whitehouse.gov/wp-content/uploads/2020/12/M-21-10.pdf.

B. U.S. Customs and Border Protection The U.S. Customs and Border Protection CBP assesses civil monetary penalties under various titles of the United States Code U.S.C. and the CFR. These include penalties for certain violations of title 8 of the CFR regarding the Immigration and Nationality Act of 1952 Pub. L. 82414, 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 location8 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 2021
adjustment for the penalties that CBP
administers.

TABLE 2U.S. CUSTOMS AND BORDER PROTECTION CIVIL PENALTIES ADJUSTMENTS
Penalty name
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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.
Penalties for non-compliance with landing requirements at designated ports of entry for aircraft transporting aliens.
Penalties for failure to depart voluntarily

Penalties for violations of removal orders relating to aliens transported on vessels or aircraft under section 241d of the INA, or for costs associated with removal under section 241e of the INA.
Penalties for failure to remove alien stowaways under section 241d2 of the INA.

10 Section 550 has since been superseded by the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014 Pub. L. 113254. The new legislation codified the statutory authority for
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Penalty amount as adjusted in the 2020 FR

Citation 8 U.S.C. 1221g; 8 CFR
280.53b1 INA section 231g.
8 U.S.C. 1224; 8 CFR
280.53b2 INA section 234.
8 U.S.C. 1229cd; 8 CFR
280.53b3 INA section 240Bd.
8 U.S.C. 1253c1A; 8 CFR
280.53b4 INA section 243c1A.

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New penalty as adjusted by this final rule
$1,419

1.01182

$1,436

3,855

1.01182

3,901

1,6258,128

1.01182

1,6448,224

3,251

1.01182

3,289

8,128

1.01182

8,224

8 U.S.C. 1253c1B; 8 CFR
280.53b5 INA section 243c1B.

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 113254 authorized the CFATS program from January 18, 2015 to
Multiplier

January 17, 2019. Public Law 116150 extends the CFATS program authorization to July 27, 2023.

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