Billing Code 3720-58
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Parts 207 and 326
RIN 0710-AB54
Civil Monetary Penalty Inflation Adjustment Rule
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Final rule.
SUMMARY: The U.S. Army Corps of Engineers (Corps) is issuing this final rule to
adjust its civil monetary penalties (CMP) under the Rivers and Harbors Appropriation
Act of 1922 (RHA), the Clean Water Act (CWA), and the National Fishing Enhancement
Act (NFEA) to account for inflation.
DATES: This final rule is effective on [INSERT DATE OF PUBLICATION IN THE
FEDERAL REGISTER].
FOR FURTHER INFORMATION CONTACT: For the RHA portion, please contact
Mr. Joseph R. Wilson, 202-761-7697 or by e-mail at joseph.r.wilson@usace.army.mil, or
for the CWA and NFEA portion, please contact Mr. Matt Wilson 202-761-5856 or by email at Matthew.S.Wilson@usace.army.mil or access the Corps Regulatory Home Page
at https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/.
SUPPLEMENTARY INFORMATION:
The Federal Civil Penalties Inflation Adjustment Act of 1990, Public Law 101–
410, codified at 28 U.S.C. 2461, note, as amended, requires agencies to annually adjust
the level of CMP for inflation to improve their effectiveness and maintain their deterrent
effect, as required by the Federal Civil Penalties Adjustment Act Improvements Act of
2015, Public Law 114-74, sec. 701, November 2, 2015 (“Inflation Adjustment Act”).

With this rule, the new statutory maximum penalty levels listed in Table 1 will
apply to all statutory civil penalties assessed on or after the effective date of this rule.
Table 1 shows the calculation of the 2024 annual inflation adjustment based on the
guidance provided by the Office of Management and Budget (OMB) (see December 19,
2023, Memorandum for the Heads of Executive Departments and Agencies, Subject:
Implementation of Penalty Inflation Adjustments for 2024, Pursuant to the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015). The OMB provided to
agencies the cost-of-living adjustment multiplier for 2024, based on the Consumer Price
Index for All Urban Consumers (CPI-U) for the month of October 2023, not seasonally
adjusted, which is 1.03241. Agencies are to adjust “the maximum civil monetary penalty
or the range of minimum and maximum civil monetary penalties, as applicable, for each
civil monetary penalty by the cost-of-living adjustment.” For 2024, agencies multiply
each applicable penalty by the multiplier, 1.03241, and round to the nearest dollar. The
multiplier should be applied to the most recent penalty amount, i.e., the one that includes
the 2023 annual inflation adjustment.
TABLE 1
Citation

Rivers and Harbors Act
of 1922 (33 U.S.C. 555)
CWA, 33 U.S.C.
1319(g)(2)(A)
CWA, 33 U.S.C.
1344(s)(4)
National Fishing
Enhancement Act, 33
U.S.C. 2104(e)

Civil Monetary
Penalty (CMP)
amount established
by law
$2,500 per violation
$10,000 per
violation, with a
maximum of $25,000
Maximum of $25,000
per day for each
violation
Maximum of $10,000
per violation

2023 CMP amount
in effect prior to
this rulemaking

2024
Inflation
adjustment
multiplier

CMP Amount as of
[INSERT DATE OF
PUBLICATION IN
FEDERAL REGISTER]

$6,756 per violation

1.03241

$6,975 per violation

1.03241

$26,686 per violation, with
a maximum of $66,713

1.03241

Maximum of $66,713 per
day for each violation

1.03241

Maximum of $29,221 per
violation

$25,848 per
violation, with a
maximum of $64,619
Maximum of $64,619
per day for each
violation
Maximum of $28,304
per violation

Section 4 of the Inflation Adjustment Act directs federal agencies to publish
annual penalty inflation adjustments. In accordance with section 553 of the
Administrative Procedures Act (APA), many rules are subject to notice and comment and
are effective no earlier than 30 days after publication in the Federal Register. Section

4(b)(2) of the Inflation Adjustment Act further provides that each agency shall make the
annual inflation adjustments “notwithstanding section 553” of the APA. According to the
December 2023 OMB guidance issued to Federal agencies on the implementation of the
2024 annual adjustment, the phrase “notwithstanding section 553” means that, “the
public procedure the APA generally requires - notice, an opportunity for comment, and a
delay in effective date - is not required for agencies to issue regulations implementing the
annual adjustment.” Consistent with the language of the Inflation Adjustment Act and
OMB’s implementation guidance, this rule is not subject to notice and opportunity for
public comment or a delay in effective date. This rule adjusts the value of current
statutory civil penalties to reflect and keep pace with the levels originally set by Congress
when the statutes were enacted, as required by the Inflation Adjustment Act. This rule
will apply prospectively to penalty assessments beginning on the effective date of this
final rule.
Regulatory Procedures
Plain Language
In compliance with the principles in the President’s Memorandum of June 1,
1998, regarding plain language, this preamble is written using plain language. The use of
“we” in this notice refers to the Corps and the use of “you” refers to the reader. We have
also used the active voice, short sentences, and common everyday terms except for
necessary technical terms.
Executive Order 12866, ‘‘Regulatory Planning and Review,’’ and Executive Order
13563, “Improving Regulation and Regulatory Review”
This rule is not designated a “significant regulatory action” under Executive
Order 12866 and OMB determined this rule to not be significant. Moreover, this final
rule makes nondiscretionary adjustments to existing CMP in accordance with the
Inflation Adjustment Act and OMB guidance. The Corps, 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.
Public Law 96-511, “Paperwork Reduction Act” (44 U.S.C. Chapter 35)
The Department of Defense determined that provisions of the Paperwork
Reduction Act of 1995, Public Law 104-13, 44 U.S.C. Chapter 35, and its implementing
regulations, 5 CFR part 1320, do not apply to this rule because there are no new or
revised recordkeeping or reporting requirements. This action merely increases the level of
statutory civil penalties that could be imposed in the context of a federal civil
administrative enforcement action or civil judicial case for violations of Corpsadministered statutes and implementing regulations.
Executive Order 13132, “Federalism”
Executive Order 13132 establishes certain requirements that an agency must meet
when it promulgates a rule that imposes substantial direct requirement costs on State and
local governments, preempts State law, or otherwise has Federalism implications. This
final rule will not have a substantial effect on State and local governments.
Public Law 96-354, “Regulatory Flexibility Act” (5 U.S.C. Chapter 6)
The Assistant Secretary of the Army (Civil Works) certified that this rule is not
subject to the Regulatory Flexibility Act (5 U.S.C. 601, et seq.) because it would not, if
promulgated, have a significant economic impact on a substantial number of small
entities. Because notice of proposed rulemaking and opportunity for comment are not
required pursuant to 5 U.S.C. 553, or any other law, the analytical requirements of the
Regulatory Flexibility Act are inapplicable. Therefore, the Regulatory Flexibility Act, as
amended, does not require the Corps to prepare a regulatory flexibility analysis.
Unfunded Mandates Reform Act (2 U.S.C. Chapter 25)
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C.
1532) requires agencies to assess anticipated costs and benefits before issuing any rule

the mandates of which require spending in any year of $100 million in 1995 dollars,
updated annually for inflation. This rule will not mandate any requirements for State,
local, or tribal governments, nor will it affect private sector costs.
Public Law 104-113, “National Technology Transfer and Advancement Act (15
U.S.C. Chapter 7)
Section 12(d) of the National Technology Transfer and Advancement Act of 1995
(NTTAA), Public Law 104-113, (15 U.S.C. 272 note), directs us to use voluntary
consensus standards in our regulatory activities, unless to do so would be inconsistent
with applicable law or otherwise impractical. Voluntary consensus standards are
technical standards (e.g., materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by voluntary consensus standards
bodies. The NTTAA directs us to provide Congress, through OMB, explanations when
we decide not to use available and applicable voluntary consensus standards. This rule
does not involve technical standards. Therefore, we did not consider the use of any
voluntary consensus standards.
Executive Order 13045, “Protection of Children from Environmental Health Risks
and Safety Risks”
Executive Order 13045 applies to any rule that: (1) is determined to be
“economically significant” as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that we have reason to believe may have a
disproportionate effect on children. If the regulatory action meets both criteria, we must
evaluate the environmental health or safety effects of the rule on children, and explain
why the regulation is preferable to other potentially effective and reasonably feasible
alternatives. This rule is not subject to this Executive Order because it is not
economically significant as defined in Executive Order 12866. In addition, it does not

concern an environmental or safety risk that we have reason to believe may have a
disproportionate effect on children.
Executive Order 13175, “Consultation and Coordination with Indian Tribal
Governments”
Executive Order 13175 requires agencies to develop an accountable process to
ensure “meaningful and timely input by tribal officials in the development of regulatory
policies that have tribal implications.” The phrase “policies that have tribal implications”
is defined in the Executive Order to include regulations that have “substantial direct
effects on one or more Indian tribes, on the relationship between the Federal government
and the Indian tribes, or on the distribution of power and responsibilities between the
Federal government and Indian tribes.” This rule does not have tribal implications. The
rule imposes no new substantive obligations on tribal governments. Therefore, Executive
Order 13175 does not apply to this rule.
Public Law 104-121, “Congressional Review Act,” (5 U.S.C Chapter 8)
The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a
rule may take effect, the agency promulgating the rule must submit a rule report, which
includes a copy of the rule, to each House of the Congress and to the Comptroller
General of the United States. We will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of Representatives, and the
Comptroller General of the United States. A major rule cannot take effect until 60 days
after it is published in the Federal Register. This rule is not a “major rule” as defined by
5 U.S.C. 804(2).
Executive Order 12898, “Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations”

Executive Order 12898 requires that, to the greatest extent practicable and
permitted by law, each Federal agency must make achieving environmental justice part of
its mission. Executive Order 12898 provides that each Federal agency conduct its
programs, policies, and activities that substantially affect human health or the
environment in a manner that ensures that such programs, policies, and activities do not
have the effect of excluding persons (including populations) from participation in,
denying persons (including populations) the benefits of, or subjecting persons (including
populations) to discrimination under such programs, policies, and activities because of
their race, color, or national origin. This rule merely adjusts civil penalties to account for
inflation, and therefore, is not expected to negatively impact any community, and
therefore is not expected to cause any disproportionately high and adverse impacts to
minority or low-income communities.
Executive Order 13211, “Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use”
This rule is not a “significant energy action” as defined in Executive Order 13211
because it is not likely to have a significant adverse effect on the supply, distribution, or
use of energy.
List of Subjects
33 CFR Part 207
Navigation (water), Penalties, Reporting and recordkeeping requirements, and
Waterways.
33 CFR Part 326
Administrative practice and procedure, Intergovernmental relations,
Investigations, Law enforcement, Navigation (Water), Water pollution control, and
Waterways.

Approved by:
Michael L. Connor
Assistant Secretary of the Army
(Civil Works)
For the reasons set out in the preamble, title 33, chapter II, part 207 of the Code of
Federal Regulations is amended as follows:
PART 207—NAVIGATION REGULATIONS
1. The authority citation for part 207 continues to read as follows:
Authority: 33 U.S.C. 1; 33 U.S.C. 555; 28 U.S.C. 2461 note.
2. Amend § 207.800 by revising paragraph (c)(2) to read as follows:
§ 207.800 Collection of navigation statistics.
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(c)

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(2) In addition, any person or entity that fails to provide timely, accurate, and
complete statements or reports required to be submitted by the regulation in this section
may also be assessed a civil penalty of up to $6,975 per violation under 33 U.S.C. 555, as
amended.
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PART 326--ENFORCEMENT
3. The authority citation for part 326 continues to read as follows:
Authority: 33 U.S.C. 401 et seq.; 33 U.S.C. 1344; 33 U.S.C. 1413; 33 U.S.C. 2104; 33
U.S.C. 1319; 28 U.S.C. 2461 note.
4. Amend § 326.6 by revising paragraph (a)(1) to read as follows:
§ 326.6 Class I administrative penalties.
(a) * * *
(1) This section sets forth procedures for initiation and administration of Class I
administrative penalty orders under Section 309(g) of the Clean Water Act, judicially-

imposed civil penalties under Section 404(s) of the Clean Water Act, and Section 205 of
the National Fishing Enhancement Act. Under Section 309(g)(2)(A) of the Clean Water
Act, Class I civil penalties may not exceed $26,686 per violation, except that the
maximum amount of any Class I civil penalty shall not exceed $66,713. Under Section
404(s)(4) of the Clean Water Act, judicially-imposed civil penalties may not exceed
$66,713 per day for each violation. Under Section 205(e) of the National Fishing
Enhancement Act, penalties for violations of permits issued in accordance with that Act
shall not exceed $29,211 for each violation.
Table 1 to Paragraph (a)(1)
Environmental statute and U.S. code citation

Clean Water Act (CWA), Section 309(g)(2)(A),
33 U.S.C. 1319(g)(2)(A)
CWA, Section 404(s)(4),
33 U.S.C. 1344(s)(4)
National Fishing Enhancement Act, Section 205(e),
33 U.S.C. 2104(e)

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Statutory civil monetary penalty amount for
violations that occurred after November 2,
2015, and are assessed on or after [INSERT
DATE OF PUBLICATION IN THE
FEDERAL REGISTER]
$26,686 per violation, with a maximum of
$66,713
Maximum of $66,713 per day for each
violation
Maximum of $29,221 per violation

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[FR Doc. 2024-12239 Filed: 6/3/2024 8:45 am; Publication Date: 6/4/2024]