9110-9P, 9111-14, 9111-28, 9110-04, 9110-05
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 [INSERT DATE OF
PUBLICATION IN THE FEDERAL REGISTER] whose associated violations occurred
after November 2, 2015.
DATES: This rule is effective on [INSERT DATE OF PUBLICATION IN THE FEDERAL
REGISTER].
FOR FURTHER INFORMATION CONTACT: Hillary Hunnings, Attorney-Advisor, 202282-9043, 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.
I.

Signing Authority
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

The 2015 Act was part of the Bipartisan Budget Act of 2015, Pub. L. 114-74 (Nov. 2, 2015) (codified as amended
at 28 U.S.C. 2461 note).
(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
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
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

Pub. L. 114-74 section 701(b)(1)(D)(b)(1)-(2).
Pub. L. 114-74 section 701(b)(1)(D)(b)(1)(A)-(B).
4 Pub. L. 114-74 section 701(b)(1)(D)(b)(2).
5 Pub. L. 114-74 section 701(b)(2)(4)(a).
6 Pub. L. 114-74 section 701(b)(1)(A)(a).
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-foragencies/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).
2
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
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
[INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER] 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.
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”

84 FR 13499 (Apr. 5, 2019).
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).
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-PenaltyInflation-Adjustments-for-2024.pdf).
19 Pub. L. 114-74 section 701(b)(2)(A).
13
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.
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

Section 550 has since been superseded by the Protecting and Securing Chemical Facilities from Terrorist Attacks
Act of 2014 (Pub. L. 113-254). The new legislation codified the statutory authority for the CFATS program within
Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014 (Public Law
113–254, as amended by Public Law 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.
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

Title XXI of the Homeland Security Act of 2002, as amended. See 6 U.S.C. 621 et seq. Pub. L. 113-254 authorized
the CFATS program from January 18, 2015, to January 17, 2019. Pub. L. 116-150 extends the CFATS program
authorization to July 27, 2023.

Penalty Name

Penalties for noncompliance 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 noncompliance 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 241(d) of the INA,
or for costs associated with
removal under section
241(e) of the INA
Penalties for failure to
remove alien stowaways
under section 241(d)(2) of
the INA

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
Penalties for use of alien
crewmen for longshore
work in violation of section
251(d) of the INA

Citation

Penalty Amount
as Adjusted in
the 2023 FR

Multiplier*

New
Penalty as
Adjusted by this
Final Rule

8 U.S.C. 1221(g)
8 CFR 280.53(b)(1)
(INA section 231(g))

$1,643

1.03241

$1,696

8 U.S.C. 1224
8 CFR 280.53(b)(2)
(INA section 234)

$4,465

1.03241

$4,610

$1,881-$9,413

1.03241

$1,942-$9,718

$3,765

1.03241

$3,887

$9,413

1.03241

$9,718

$446 for each
alien

1.03241

$460 for each
alien

$11,162

1.03241

$11,524

8 U.S.C. 1229c(d)
8 CFR 280.53(b)(3)
(INA section
240B(d))

8 U.S.C.
1253(c)(1)(A)
8 CFR 280.53(b)(4)
(INA section
243(c)(1)(A))

8 U.S.C.
1253(c)(1)(B)
8 CFR 280.53(b)(5)
(INA section
243(c)(1)(B))

8 U.S.C. 1281(d)
8 CFR 280.53(b)(6)
(INA section 251(d))

8 U.S.C. 1281(d)
8 CFR 280.53(b)(6)
(INA section 251(d))

Citation

Penalty Amount
as Adjusted in
the 2023 FR

Multiplier*

New
Penalty as
Adjusted by this
Final Rule

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

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

$625

1.03241

$645**

$1,566

1.03241

$1,617

Penalty Name

Penalties for discharge of
alien crewmen

Penalty for dealing in or
using empty stamped
imported liquor containers

19 U.S.C. 469

Penalty for employing a
vessel in a trade without a

19 U.S.C. 1706a
19 CFR 4.80(i)

Penalty Name

Penalty Amount
as Adjusted in
the 2023 FR

Multiplier*

New
Penalty as
Adjusted by this
Final Rule

46 U.S.C.
12118(f)(3)

$625

1.03241

$645**

46 U.S.C. 55103(b)
19 CFR 4.80(b)(2)

$941

1.03241

$971

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

Citation

required Certificate of
Documentation
Penalty for transporting
passengers coastwise for
hire by certain vessels
(known as Bowaters
vessels) that do not meet
specified conditions
Penalty for transporting
passengers between
coastwise points in the
United States by a noncoastwise qualified vessel
Penalty for towing a vessel
between coastwise points in
the United States by a noncoastwise qualified vessel

* 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-PenaltyInflation-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
Table 2 – U.S. Immigration and Customs Enforcement Civil Penalties Adjustments

Penalty Name

Civil penalties for failure
to depart voluntarily, INA
section 240B(d)

Citation

8 U.S.C. 1229c(d)
8 CFR 280.53(b)(3)

Penalty Amount
as Adjusted in the
2023 FR

Multiplier*

New
Penalty as
Adjusted by this
Final Rule

$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

8 CFR 274a.8(b)

$2,701

1.03241

$2,789

Violation/prohibition of
indemnity bonds

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.
Penalty Name

Citation

Penalty Amount
as Adjusted in the
2023 FR

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

Penalty for second
offense (per unauthorized
alien)

8 CFR
274a.10(b)(1)(ii)(B)

$5,404-$13,508

Penalty for third or
subsequent offense (per
unauthorized alien)

8 CFR
274a.10(b)(1)(ii)(C)

$8,106-$27,018

Civil penalties for I-9
paperwork violations

8 CFR 274a.10(b)(2)

$272-$2,701

Civil penalties for failure
to depart, INA section
274D

8 U.S.C. 1324d
8 CFR 280.53(b)(14)

$942

Multiplier*

1.03241

1.03241

1.03241

New
Penalty as
Adjusted by this
Final Rule

$698-$5,579

$5,579-$13,946

$8,369-$27,894

1.03241

$281-$2,789

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-PenaltyInflation-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
Table 3 – U.S. Coast Guard Civil Penalty Additions

Penalty Name

Master Key Control System
Passenger Vessel Security and
Safety; Daily Penalty &
Maximum Penalty

Citation

Original Statutory
Penalty Amount

Multiplier

New Penalty As
Adjusted By
This Final Rule

46 U.S.C. 3106(d)

$1,000

1.03241

$1,032

46 U.S.C. 3507(h)(1)(A)

Daily $25,000/
Maximum $50,000

1.03241

Daily $25,810/
Maximum
$51,621

Pub. L. 117-263 section 11609 (Dec. 23, 2022) (codified as amended at 46 U.S.C. 10104).

Passenger Vessel Security and
Safety; Crewmembers Crime
Scene Preservation Training;
Maximum Penalty

46 U.S.C. 3508(d)

$50,000

Engine Cut-Off Switches;
Violation of 4312(b), First
Offense

46 U.S.C. 4311(c)

$100

Engine Cut-Off Switches;
Violation of 4312(b), Second
Offense

46 U.S.C. 4311(c)

$250

Engine Cut-Off Switches;
Violation of 4312(b),
Subsequent to Second Offense

46 U.S.C. 4311(c)

$500

46 U.S.C. 8106(f)(2)-(3)

Daily $10,000/
Maximum $100,000

46 U.S.C. 10104(a)(2)

Requirement to Report Sexual
Assault and Harassment;
Company After Action
Summary, violation of
10104(d)(1)

1.03241

1.03241

$51,621

$103

1.03241
$258

1.03241

$516

1.03241

Daily $10,324/
Maximum
$103,241

$50,000

1.03241

$51,621

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

46 U.S.C. 55112(d)

$10,000

Employing Qualified
Available U.S. Citizens or
Residents
Requirement to Report Sexual
Assault and Harassment;
Mandatory Reporting by
Responsible Entity of a Vessel

Vessel escort operations and
towing assistance

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-PenaltyInflation-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, 202224
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
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).

See Pub. L. 117-263 section 3106 (Dec. 23, 2022).
Id.
25 See Pub. L. 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).
23
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.
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

See Pub. L. 117-263 section 11609 (Dec. 23, 2022).

Penalty Name

Citation

Penalty
Amount as
Adjusted in the
2023 FR

Multiplier*

New
Penalty as
Adjusted by this
Final Rule

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

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

Failure to Stop Vessel
When Directed; Master,
Owner, Operator or Person
in Charge

Penalty Name

Citation

Penalty
Amount as
Adjusted in the
2023 FR

Multiplier*

New
Penalty as
Adjusted by this
Final Rule

$2,506

1.03241

$2,587

Bridge to Bridge
Communication; Vessel

33 U.S.C. 1208(b);
33 CFR 27.3

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

33 U.S.C.
1321(b)(7)(A);
33 CFR 27.3

$2,233

1.03241

$2,305

33 U.S.C.
1321(b)(7)(B);
33 CFR 27.3

$55,808

1.03241

$57,617

$55,808

1.03241

$57,617

Oil/Hazardous Substances:
Discharges (per barrel of
oil or unit discharged)
Judicial Assessment
Oil/Hazardous Substances:
Failure to Carry Out
Removal/Comply With
Order (Judicial
Assessment)
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

Penalty Name

Oil/Hazardous Substances:
Discharges, Gross
Negligence (per barrel of
oil or unit discharged)
Judicial Assessment

Citation

33 U.S.C.
1321(b)(7)(D);
33 CFR 27.3

Penalty
Amount as
Adjusted in the
2023 FR

Multiplier*

New
Penalty as
Adjusted by this
Final Rule

$6,696

1.03241

$6,913

$223,229

1.03241

$230,464

$9,399

1.03241

$9,704

Oil/Hazardous Substances:
Discharges, Gross
Negligence-Minimum
Penalty (Judicial
Assessment)

33 U.S.C.
1321(b)(7)(D);
33 CFR 27.3

Marine Sanitation Devices;
Operating

33 U.S.C. 1322(j);
33 CFR 27.3

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

$24,793

1.03241

$25,597

Shore Protection;
Operating Without Permit

33 U.S.C. 2609(b);
33 CFR 27.3

Penalty Name

Citation

Penalty
Amount as
Adjusted in the
2023 FR

Multiplier*

New
Penalty as
Adjusted by this
Final Rule

$55,808

1.03241

$57,617

Oil Pollution Liability and
Compensation

33 U.S.C. 2716a(a);
33 CFR 27.3

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

42 U.S.C. 9609(c);
33 CFR 27.3

$202,635

1.03241

$209,202

Hazardous Substances,
Releases, Liability,
Compensation (Judicial
Assessment subsequent
offense)
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

Penalty Name

Citation

Penalty
Amount as
Adjusted in the
2023 FR

Multiplier*

New
Penalty as
Adjusted by this
Final Rule

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

$14,149

1.03241

$14,608

Vessel Reporting
Requirements: Owner,
Charterer, Managing
Operator, or Agent

46 U.S.C. 2306(a)(4);
33 CFR 27.3

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

46 U.S.C. 3302(i)(5);
33 CFR 27.3

$2,951

1.03241

$3,047

$14,149

1.03241

$14,608

Inspection Permit

Vessel Inspection; General

46 U.S.C. 3318(a);
33 CFR 27.3

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

Penalty Name

Citation

Penalty
Amount as
Adjusted in the
2023 FR

Multiplier*

New
Penalty as
Adjusted by this
Final Rule

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

Penalty Name

Citation

Penalty
Amount as
Adjusted in the
2023 FR

Multiplier*

New
Penalty as
Adjusted by this
Final Rule

$7,805

1.03241

$8,058

$2,951

1.03241

$3,047

$12,397

1.03241

$12,799

Recreational Vessels;
Violation of 4307(a)

46 U.S.C. 4311(b)(1);
33 CFR 27.3

Recreational vessels

46 U.S.C. 4311(d);
33 CFR 27.3

Uninspected Commercial
Fishing Industry Vessels

46 U.S.C. 4507;
33 CFR 27.3

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

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
46 U.S.C. 6103(b);
33 CFR 27.3

$12,397

1.03241

$12,799

$2,233

1.03241

$2,305

$22,324

1.03241

$23,048

Manning of Inspected
Vessels; Failure to Report
Deficiency in Vessel
Complement

46 U.S.C. 8101(e);
33 CFR 27.3

Manning of Inspected
Vessels

46 U.S.C. 8101(f);
33 CFR 27.3

$13,508

Penalty
Amount as
Adjusted in the
2023 FR

Multiplier*

New
Penalty as
Adjusted by this
Final Rule

$22,324

1.03241

$23,048

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

46 U.S.C. 8104(j)

$22,324

1.03241

$23,048

46 U.S.C. 8302(e)

$294

1.03241

$304

46 U.S.C. 8304(d)

$294

1.03241

$304

46 U.S.C. 8502(e)

$22,324

1.03241

$23,048

46 U.S.C. 8502(f)

$22,324

1.03241

$23,048

Penalty Name

Manning of Inspected
Vessels; Employing or
Serving in Capacity not
Licensed by USCG
Manning of Inspected
Vessels; Freight Vessel <
100 GT, Small Passenger
Vessel, or Sailing School
Vessel

Watches on Vessels;
Violation of 8104(c), (d),
(e), or (h)

Staff Department on
Vessels
Officer's Competency
Certificates

Coastwise Pilotage;
Owner, Charterer,
Managing Operator,
Agent, Master or
Individual in Charge
Coastwise Pilotage;
Individual

Citation

46 U.S.C. 8101(g);
33 CFR 27.3

Penalty Name

Citation

Penalty
Amount as
Adjusted in the
2023 FR

Multiplier*

New
Penalty as
Adjusted by this
Final Rule

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)

1.03241

$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

$1,474

Citation

Penalty
Amount as
Adjusted in the
2023 FR

Multiplier*

New
Penalty as
Adjusted by this
Final Rule

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

1.03241

$609

$1,474

1.03241

$1,522

Penalty Name

Coastwise Voyages:
Advances

Effects of Deceased
Seamen

46 U.S.C. 10711

Complaints of Unfitness

46 U.S.C. 10902(a)(2)

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

Penalty Name

Citation

Penalty
Amount as
Adjusted in the
2023 FR

Multiplier*

New
Penalty as
Adjusted by this
Final Rule

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

Vessel Documentation

46 U.S.C. 12151(a)(1)

$19,324

1.03241

$19,950

46 U.S.C. 12151 (a)(2)

$32,208

1.03241

$33,252

46 U.S.C. 12151(c)

$147,675

1.03241

$152,461

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

Documentation of Vessels
- Related to Activities
involving mobile offshore
drilling units
Vessel Documentation;
Fishery Endorsement

Numbering of
Undocumented Vessels Willful violation

$153

Penalty Name

Citation

Penalty
Amount as
Adjusted in the
2023 FR

Multiplier*

New
Penalty as
Adjusted by this
Final Rule

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

$24,793

1.03241

$25,597

Commercial Instruments
and Maritime Liens;
Mortgagor

46 U.S.C. 31330(a)(2)

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

Maritime Drug Law
Enforcement

46 U.S.C. 70506(c)

$6,813

1.03241

$76,230

$7,034

Penalty Name

Hazardous Materials:
Related to Vessels

Hazardous Materials:
Related to Vessels-Penalty
from Fatalities, Serious
Injuries/Illness or
substantial Damage to
Property
Hazardous Materials:
Related to Vessels;
Training

Penalty
Amount as
Adjusted in the
2023 FR

Multiplier*

New
Penalty as
Adjusted by this
Final Rule

49 U.S.C. 5123(a)(1)

$96,624

1.03241

$99,756

49 U.S.C. 5123(a)(2)

$225,455

1.03241

$232,762

49 U.S.C. 5123(a)(3)

$582

1.03241

$601

Citation

* 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-PenaltyInflation-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 Pub. L. 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.
Table 5 – Transportation Security Administration Civil Penalties Adjustments

Penalty Name

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
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
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

Citation

Penalty Amount
as Adjusted in
the 2023 FR

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)

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)

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)

Multiplier*

1.03241

1.03241

1.03241

New
Penalty as
Adjusted by this
Final Rule

$41,577 (up to a
total of $665,226
per civil penalty
action)

$16,630 (up to a
total of $83,154 for
individuals or small
businesses,
$665,226 for
others)

$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

See, e.g., 46 U.S.C. 70105, 49 U.S.C. 46302 and 46303, and 49 U.S.C. chapter 449.

(Dec. 19, 2022) (https://www.whitehouse.gov/wp-content/uploads/2023/12/M-24-07-Implementation-of-PenaltyInflation-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 nondiscretionary 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

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-PenaltyInflation-Adjustments-for-2024.pdf).
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.
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 [INSERT DATE OF PUBLICATION IN THE
FEDERAL REGISTER], with respect to violations occurring after November 2, 2015. * * *

Table 1 to § 27.3—Civil Monetary Penalty Inflation Adjustments
2024
Adjusted
maximum
penalty
amount ($)

U.S. Code citation

Civil monetary penalty description

14 U.S.C. 521(c)

Saving Life and Property

14 U.S.C. 521(e)

Saving Life and Property; Intentional
Interference with Broadcast

14 U.S.C. 936(i)

Confidentiality of Medical Quality Assurance
Records (first offense)

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 Charge1

$5,000

19 U.S.C. 1581(d)

Failure to Stop Vessel When Directed; Master,
Owner, Operator or Person in Charge—
Minimum Penalty1

$12,958

$1,330

$6,508

$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

33 U.S.C. 1208(a)

Bridge to Bridge Communication; Master,
Person in Charge or Pilot

33 U.S.C. 1208(b)

Bridge to Bridge Communication; Vessel

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)

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

33 U.S.C.
1321(b)(7)(B)

Oil/Hazardous Substances: Failure to Carry
Out Removal/Comply With Order (Judicial
Assessment)

$35,516

$2,587

$2,587

$23,048

$2,305

$57,617

33 U.S.C.
1321(b)(7)(C)

Oil/Hazardous Substances: Failure to Comply
with Regulation Issued Under 1321(j) (Judicial
Assessment)

33 U.S.C.
1321(b)(7)(D)

Oil/Hazardous Substances: Discharges, Gross
Negligence (per barrel of oil or unit
discharged) Judicial Assessment

33 U.S.C.
1321(b)(7)(D)

Oil/Hazardous Substances: Discharges, Gross
Negligence—Minimum Penalty (Judicial
Assessment)

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

33 U.S.C. 1608(b)

International Navigation Rules; Vessel

33 U.S.C. 1908(b)(1)

Pollution from Ships; General

33 U.S.C. 1908(b)(2)

Pollution from Ships; False Statement

33 U.S.C. 2072(a)

Inland Navigation Rules; Operator

33 U.S.C. 2072(b)

Inland Navigation Rules; Vessel

33 U.S.C. 2609(a)

Shore Protection; General

33 U.S.C. 2609(b)

Shore Protection; Operating Without Permit

33 U.S.C. 2716a(a)

Oil Pollution Liability and Compensation

$57,617

$6,913

$230,464

$18,139
$18,139
$90,702
$18,139
$18,139
$18,139

$63,991
$25,597
$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

33 U.S.C. 3852(c)

Clean Hulls; Recreational Vessels

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

$70,337

$7,034

42 U.S.C. 9609(c)

Hazardous Substances, Releases, Liability,
Compensation (Judicial Assessment
subsequent offense)

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

$209,202

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

46 U.S.C. 3318(g)

Vessel Inspection; Nautical School Vessel

46 U.S.C. 3318(h)

Vessel Inspection; Failure to Give Notice in
accordance with (IAW) 3304(b)

$14,608
$14,608

$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)

46 U.S.C. 3318(l)

Vessel Inspection; Violation of 3318(b)3318(f)

$29,221

$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)

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

$13,946

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

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

$3,047

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

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

$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

46 U.S.C. 14702

Measurement; False Statements

$55,789
$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

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: 6/27/2024 8:45 am; Publication Date: 6/28/2024]