Federal Register - October 18, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 198 / Monday, October 18, 2021 / Rules and Regulations
57535
TABLE 3U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT CIVIL PENALTIES ADJUSTMENTS
Penalty name
Penalty amount as adjusted in the 2020 FR
Citation
Civil penalties for failure to depart voluntarily, INA section 240Bd Civil penalties for violation of INA sections 274Ca1a4, penalty for first offense.
Civil penalties for violation of INA sections 274Ca5a6, penalty for first offense.
Civil penalties for violation of INA sections 274Ca1a4, penalty for subsequent offenses.
Civil penalties for violation of INA sections 274Ca5a6, penalty for subsequent offenses.
Violation/prohibition of indemnity bonds
Civil penalties for knowingly hiring, recruiting, referral, or retention of unauthorized aliensPenalty for first offense per unauthorized alien.
Penalty for second offense per unauthorized alien
Penalty for third or subsequent offense per unauthorized alien
Civil penalties for I9 paperwork violations
Civil penalties for failure to depart, INA section 274D
Multiplier
New penalty as adjusted by this final rule
8 U.S.C. 1229cd; 8 CFR
280.53b3.
8 CFR 270.3b1iiA
$1,625$8,128
1.01182
$1,644$8,224
4813,855
1.01182
4873,901
8 CFR 270.3b1iiB
4073,251
1.01182
4123,289
8 CFR 270.3b1iiC
3,8559,639
1.01182
3,9019,753
8 CFR 270.3b1iiD
3,2518,128
1.01182
3,2898,224
8 CFR 274a.8b
8 CFR 274a.10b1iiA
2,332
5834,667
1.01182
1.01182
2,360
5904,722
4,66711,665
6,99923,331
2342,332
813
1.01182
1.01182
1.01182
1.01182
4,72211,803
7,08223,607
2372,360
823
8
8
8
8
CFR 274a.10b1iiB
CFR 274a.10b1iiC
CFR 274a.10b2
U.S.C. 1324d; 8 CFR
280.53b14.
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.
The $3,251 penalty minimum amount was erroneously listed as $3,351 in the regulatory text of the 2020 final rule. It was correctly listed as $3,251 in the preamble of the 2020 final rule. DHS calculated the new penalty minimum amount as adjusted by this final rule based on $3,251.
D. U.S. Coast Guard The Coast Guard is authorized to assess close to 150 penalties involving maritime safety and security and environmental stewardship that are critical to the continued success of Coast Guard missions. Various statutes in titles 14, 16, 19, 33, 42, 46, and 49
of the U.S.C. authorize these penalties.
Titles 33 and 46 authorize the vast majority of these penalties as these statutes deal with navigation, navigable waters, and shipping. For a complete discussion of the civil monetary penalties assessed by the Coast Guard,
see the 2016 IFR preamble at 81 FR
42992.
The Coast Guard has identified the penalties it administers, adjusted those penalties for inflation, and is listing those new penalties in a table located in the CFRspecifically, 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 inflationadjusted 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, 2015.12
The applicable civil penalty amounts for violations occurring on or before November 2, 2015, are set forth in previously published regulations amending 33 CFR part 27. To find the applicable penalty amount for a violation that occurred on or before November 2, 2015, look to the prior versions of the CFR that pertain to the date on which the violation occurred.
Table 4 below shows the 2021
adjustment for the penalties that the Coast Guard administers.
TABLE 4U.S. COAST GUARD CIVIL PENALTIES ADJUSTMENTS
jspears on DSK121TN23PROD with RULES1
Penalty name Saving Life and Property
Saving Life and Property; Intentional Interference with Broadcast
Confidentiality of Medical Quality Assurance Records first offense Confidentiality of Medical Quality Assurance Records subsequent offenses.
Obstruction of Revenue Officers by Masters of Vessels
Obstruction of Revenue Officers by Masters of VesselsMinimum Penalty.
Failure to Stop Vessel When Directed; Master, Owner, Operator or Person in Charge.
Failure to Stop Vessel When Directed; Master, Owner, Operator or Person in ChargeMinimum Penalty.
Anchorage Ground/Harbor Regulations General
Anchorage Ground/Harbor Regulations St. Marys river
Bridges/Failure to Comply with Regulations
Bridges/Drawbridges
Bridges/Failure to Alter Bridge Obstructing Navigation
Bridges/Maintenance and Operation
Bridge to Bridge Communication; Master, Person in Charge or Pilot Bridge to Bridge Communication; Vessel
Oil/Hazardous Substances: Discharges Class I per violation
Oil/Hazardous Substances: Discharges Class I total under paragraph.
12 The Frank LoBiondo Coast Guard Authorization Act of 2018 re-designated certain
VerDate Sep<11>2014
16:35 Oct 15, 2021
Jkt 256001
Penalty amount as adjusted in the 2020 FR
Citation 14
14
14
14
U.S.C.
U.S.C.
U.S.C.
U.S.C.
New penalty as adjusted by this final rule
521c
521e
936i; 33 CFR 27.3
936i; 33 CFR 27.3
$10,839
1,112
5,444
36,297
1.01182
1.01182
1.01182
1.01182
$10,967
1,125
5,508
36,726
19 U.S.C. 70; 33 CFR 27.3
19 U.S.C. 70; 33 CFR 27.3
8,116
1,894
1.01182
1.01182
8,212
1,916
19 U.S.C. 1581d
5,000
N/A
5,000
19 U.S.C. 1581d
1,000
N/A
1,000
33 U.S.C. 471; 33 CFR 27.3
33 U.S.C. 474; 33 CFR 27.3
33 U.S.C. 495b; 33 CFR 27.3
33 U.S.C. 499c; 33 CFR 27.3
33 U.S.C. 502c; 33 CFR 27.3
33 U.S.C. 533b; 33 CFR 27.3
33 U.S.C. 1208a; 33 CFR 27.3
33 U.S.C. 1208b; 33 CFR 27.3
33 U.S.C. 1321b6Bi; 33
CFR 27.3.
33 U.S.C. 1321b6Bi; 33
CFR 27.3.
11,767
812
29,707
29,707
29,707
29,707
2,164
2,164
19,277
1.01182
1.01182
1.01182
1.01182
1.01182
1.01182
1.01182
1.01182
1.01182
11,906
822
30,058
30,058
30,058
30,058
2,190
2,190
19,505
48,192
1.01182
48,762
existing sections of the U.S.C., including 14 U.S.C.
88 now 14 U.S.C. 521 and 33 U.S.C. 1232 and
PO 00000
Multiplier
Frm 00007
Fmt 4700
Sfmt 4700
1236 now 46 U.S.C. 70036 and 70041. The table reflects those changes to the statutory citations.
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