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Federal Register / Vol. 86, No. 198 / Monday, October 18, 2021 / Rules and Regulations assessed a civil monetary penalty to the government.
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. 553b.
See 5 U.S.C. 601612. 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. 15311538, 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

19 CFR Part 4
Exports, Freight, Harbors, Maritime carriers, Oil pollution, Reporting and recordkeeping requirements, Vessels.

270.3

33 CFR Part 27
Administrative practice and procedure, Penalties.
49 CFR Part 1503
Administrative practice and procedure, Investigations, Law enforcement, Penalties.
Amendments to the Regulations Accordingly, for the reasons stated in the preamble, DHS is amending 6 CFR
part 27, 8 CFR parts 270, 274a, and 280, 19 CFR part 4, 33 CFR part 27, and 49
CFR part 1503 as follows:
Title 6Domestic Security PART 27CHEMICAL FACILITY ANTITERRORISM STANDARDS

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

1. The authority citation for part 27
continues to read as follows:

Authority: 6 U.S.C. 624; Pub. L. 101410, 104 Stat. 890, as amended by Pub. L. 114
74, 129 Stat. 599; Pub. L. 113254, 128 Stat.
2898, as amended by Pub. L. 116150, 134
Stat. 679.

The amendments to 19 CFR part 4 in this document are issued in accordance with 19 CFR 0.2a, 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 403l 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.

2. In 27.300, revise paragraph b3
to read as follows:

27.300

Orders.

Reporting and recordkeeping requirements, Security measures.

b
3 Where the Assistant Secretary determines that a facility is in violation of an Order issued pursuant to paragraph a of this section and issues an Order Assessing Civil Penalty pursuant to paragraph b1 of this section, a chemical facility is liable to the United States for a civil penalty of not more than $25,000 for each day during which the violation continues, if the violation of the Order occurred on or before November 2, 2015, or $35,905
for each day during which the violation of the Order continues, if the violation occurred after November 2, 2015.

8 CFR Part 270

Title 8Aliens and Nationality
Administrative practice and procedure, Aliens, Employment, Fraud, Penalties.

PART 270PENALTIES FOR
DOCUMENT FRAUD

8 CFR Part 274a

Administrative practice and procedure, Aliens, Employment, Penalties, Reporting and recordkeeping requirements.

Authority: 8 U.S.C. 1101, 1103, and 1324c;
Pub. L. 101410, 104 Stat. 890, as amended by Pub. L. 104134, 110 Stat. 1321 and Pub.
L. 11474, 129 Stat. 599.

List of Subjects 6 CFR Part 27

jspears on DSK121TN23PROD with RULES1

8 CFR Part 280
Administrative practice and procedure, Immigration, Penalties.

VerDate Sep<11>2014

16:35 Oct 15, 2021

3. The authority citation for part 270
continues to read as follows:

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57539

4. In 270.3, revise paragraphs b1iiA through D to read as follows:
Penalties.

b
1
ii
A First offense under section 274Ca1 through a4. Not less than $275 and not exceeding $2,200 for each fraudulent document or each proscribed activity described in section 274Ca1
through a4 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 274Ca1 through a4 of the Act on or after March 27, 2008, and on or before November 2, 2015; and not less than $487 and not exceeding $3,901 for each fraudulent document or each proscribed activity described in section 274Ca1 through a4 of the Act after November 2, 2015.
B First offense under section 274Ca5 or a6. Not less than $250
and not exceeding $2,000 for each fraudulent document or each proscribed activity described in section 274Ca5
or a6 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 274Ca5 or a6
of the Act on or after March 27, 2008, and on or before November 2, 2015; and not less than $412 and not exceeding $3,289 for each fraudulent document or each proscribed activity described in section 274Ca5 or a6 of the Act after November 2, 2015.
C Subsequent offenses under section 274Ca1 through a4. Not less than $2,200 and not more than $5,500 for each fraudulent document or each proscribed activity described in section 274Ca1 through a4 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 274Ca1 through a4 of the Act occurring on or after March 27, 2008
and on or before November 2, 2015; and not less than $3,901 and not more than $9,753 for each fraudulent document or each proscribed activity described in section 274Ca1 through a4 of the Act after November 2, 2015.
D Subsequent offenses under section 274Ca5 or a6. Not less than $2,000
and not more than $5,000 for each fraudulent document or each proscribed activity described in section 274Ca5
or a6 of the Act before March 27, 2008; not less than $2,200 and not exceeding $5,500 for each fraudulent
E:FRFM18OCR1.SGM

18OCR1