74 FR 245 pgs. 68150-68155 - Federal Civil Penalties Inflation Adjustment Act—2009 Implementation
Type: RULEVolume: 74Number: 245Pages: 68150 - 68155
Docket number: [Docket No. USCG-2009-0891]
FR document: [FR Doc. E9-30493 Filed 12-22-09; 8:45 am]
Agency: Homeland Security Department
Sub Agency: Coast Guard
Official PDF Version: PDF Version
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 27
[Docket No. USCG-2009-0891]
RIN 1625-AB40
Federal Civil Penalties Inflation Adjustment Act-2009 Implementation
AGENCY:
Coast Guard, DHS.
ACTION:
Final rule.
SUMMARY:
The Coast Guard is adjusting fines and other civil monetary penalties to reflect the impact of inflation. These adjustments are made in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996.
DATES:
This final rule is effective 30 days after December 23, 2009.
ADDRESSES:
Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG-2009-0891 and are available for inspection or copying at the Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet by going to http://www.regulations.gov, inserting USCG-2009-0891 in the "Keyword" box, and then clicking "Search."
FOR FURTHER INFORMATION CONTACT:
If you have questions on this rule, call or e-mail Heather Young, CG-5232, Coast Guard; telephone 202-372-1022, e-mail Heather.l.young@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Background
III. Method of Calculation
IV. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Abbreviations
| Abbreviation | Explanation |
|---|---|
| CFR | Code of Federal Regulations. |
| CMPs | Civil Monetary Penalties. |
| CPI-U | Consumer Price Index for All Urban Consumers, Not Seasonally Adjusted, U.S. City Average. |
| RFA | Regulatory Flexibility Act. |
| U.S.C. | United States Code. |
II. Background
Congress has established fines or other civil monetary penalties (CMPs) for those who violate Federal laws and regulations. However, the deterrent value of these fines and penalties diminishes over time from the effects of inflation. To address this problem, Congress enacted the Federal Civil Penalties Inflation Adjustment Act, Public Law 101-410, 104 Stat. 890, §§ 1-6, as amended by the Debt Collection Improvement Act of 1996, Public Law 104-134, 110 Stat. 1321, § 31001(s)(1); 28 U.S.C. 2461. These statutes require Federal agencies to adjust their CMPs for inflation at least once every four years, using a nondiscretionary statutory formula, thus making further direct involvement by Congress unnecessary.
This final rule is published without a prior notice of proposed rulemaking or public comment period. Pursuant to the Administrative Procedure Act, 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that good cause exists for dispensing with notice and comment in this rulemaking. This rulemaking implements the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996. These statutes require certain actions with respect to adjusting CMPs for inflation and do not allow for discretion in implementation, so that prior notice and comment is unnecessary and contrary to the public interest.
III. Method of Calculation
The method for calculating the effects of inflation on fines and penalties is very specifically prescribed by statutes, which allow no discretion. The statutes specify the inflation measure to be used, the method for the calculation of the inflation adjustment, and the method for the numerical rounding of the results.
The statutes require the use of the change in the Consumer Price Index for All Urban Consumers (CPI-U) as the inflation measure for these calculations. The CPI-U is calculated and published by the U.S. Department of Labor, Bureau of Labor Statistics, and uses the period of 1982 to 1984 as the base level where the CPI-U = 100.
The inflation adjustment prescribed by the statutes is calculated as the difference between the CPI-U for the month of June of the calendar year preceding the adjustment and the CPI-U for the month of June of the calendar year in which the amount of the civil monetary penalty was last set or adjusted pursuant to law. Since the last inflation adjustment was made in 2003 and the year preceding this adjustment is 2008, the current inflation adjustment equals the increase in the CPI-U (not seasonally adjusted) from June, 2003 to June, 2008:
(CPI-U 2008 - CPI-U 2003 ) / CPI-U 2003 =
(218.815 - 183.7) / (183.7) = .1912 = 19.12%
With certain exceptions, each of the approximately 140 civil fines and penalties were adjusted by multiplying their 2003 values by 1.1912. The exceptions included: Two penalties of 19 U.S.C. 1581(d) that were enacted under the Tariff Act of 1930 and are exempt from inflation adjustments; four penalties applicable to bridge owners whose increases are defined within their respective statutes; and three penalties established in 2006 which are not eligible for inflation adjustment until 2010.
The final step is to round the inflation-adjusted fines and penalties according to the rounding rules prescribed by the statutes. The statutes specify that numbers are rounded according to the nearest:
1. Multiple of $10 in the case of penalties less than or equal to $100;
2. Multiple of $100 in the case of penalties greater than $100 but less than or equal to $1,000;
3. Multiple of $1,000 in the case of penalties greater than $1,000 but less than or equal to $10,000;
4. Multiple of $5,000 in the case of penalties greater than $10,000 but less than or equal to $100,000;
5. Multiple of $10,000 in the case of penalties greater than $100,000 but less than or equal to $200,000; and
6. Multiple of $25,000 in the case of penalties greater than $200,000.
Because of the rounding rules, some fines and penalties may not increase from their 2003 values. For example, a fine of $1,000 in 2003 would increase to $1,191.20 with the 2008 adjustment. However, for fines and penalties greater than $1,000 but less than or equal to $10,000, the inflation adjusted value is rounded to the nearest $1,000; so the penalty, with rounding, remains at $1,000.
IV. Regulatory Analyses
We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders.
A. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order.
We expect the economic impact of this rule to be so minimal that a full regulatory assessment is unnecessary. This rule concerns civil monetary penalties imposed for violating Federal law and regulations which have no impact on law-abiding persons. While the expense of a fine or penalty imposed for violations of civil statutes is borne by the violator, these expenses are completely avoidable by complying with the law.
B. Small Entities
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612) requires agencies to consider whether regulatory actions would have a significant economic impact on a substantial number of small entities. The term "small entities" comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. An RFA analysis is not required when a rule is exempt from notice and comment rulemaking under 5 U.S.C. 553(b). The Coast Guard determined that this rule is exempt from notice and comment rulemaking pursuant to 5 U.S.C. 553(b)(B). Therefore, an RFA analysis is not required for this rule. The Coast Guard, nonetheless, expects that this final rule will not have a significant economic impact on a substantial number of small entities.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small entities in understanding the rule so that they can better evaluate its effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.
D. Collection of Information
This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
E. Federalism
A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism.
F. 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 rule affects only those who violate Federal law or regulations, and involves no discretion on the part of the Coast Guard.
G. Taking of Private Property
This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.
H. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children.
J. Indian Tribal Governments
This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.
K. Energy Effects
We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a "significant energy action" under that order because it is not a "significant regulatory action" under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy.
The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211.
L. Technical Standards
The National Technology Transfer and Advancement Act (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical.
This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.
M. Environment
We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have concluded that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded under section 2.B.2, figure 2-1, paragraph (34)(a) of the Instruction. This rule involves regulations which are editorial or procedural, such as those updating addresses or establishing application procedures. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES .
List of Subjects in 33 CFR Part 27
Administrative practice and procedure, Penalties.
For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 27 as follows:
PART 27-ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION
1. The the authority citation for part 27 continues to read:
Authority:
Secs. 16, Public Law 101410, 104 Stat. 890, as amended by Sec. 31001(s)(1), Public Law 104134, 110 Stat. 1321 (28 U.S.C. 2461 note); Department of Homeland Security Delegation No. 0170.1, sec. 2 (106).
2. Revise § 27.3 to read as follows:
§ 27.3 Penalty Adjustment Table.
Table 1 identifies the statutes administered by the Coast Guard that authorize a civil monetary penalty. The "adjusted maximum penalty" is the maximum penalty authorized by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended, as determined by the Coast Guard.
| U.S. Code citation | Civil monetary penalty description | Adjusted maximum penalty amount ($) |
|---|---|---|
| 14 U.S.C. 88(c) | Saving Life and Property | $8,000 |
| 14 U.S.C. 645(i) | Confidentiality of Medical Quality Assurance Records (first offense) | 4,000 |
| 14 U.S.C. 645(i) | Confidentiality of Medical Quality Assurance Records (subsequent offenses) | 30,000 |
| 16 U.S.C. 4711(g)(1) | Aquatic Nuisance Species in Waters of the United States | 35,000 |
| 19 U.S.C. 70 | Obstruction of Revenue Officers by Masters of Vessels | 3,000 |
| 19 U.S.C. 70 | Obstruction of Revenue Officers by Masters of Vessels-Minimum Penalty | 700 |
| 19 U.S.C. 1581(d) | Failure to Stop Vessel When Directed; Master, Owner, Operator, or Person in Charge (1) | 5,000 |
| 19 U.S.C. 1581(d) | Failure to Stop Vessel When Directed; Master, Owner, Operator, or Person in Charge-Minimum Penalty (1) | 1,000 |
| 33 U.S.C. 471 | Anchorage Ground/Harbor Regulations General | 110 |
| 33 U.S.C. 474 | Anchorage Ground/Harbor Regulations St. Mary's River | 300 |
| 33 U.S.C. 495(b) | Bridges/Failure to Comply with Regulations (2) | 25,000 |
| 33 U.S.C. 499(c) | Bridges/Drawbridges (2) | 25,000 |
| 33 U.S.C. 502(c) | Bridges/Failure to Alter Bridge Obstructing Navigation (2) | 25,000 |
| 33 U.S.C. 533(b) | Bridges/Maintenance and Operation (2) | 25,000 |
| 33 U.S.C. 1208(a) | Bridge to Bridge Communication; Master, Person in Charge, or Pilot | 800 |
| 33 U.S.C. 1208(b) | Bridge to Bridge Communication; Vessel | 800 |
| 33 U.S.C. 1232(a) | PWSA Regulations | 40,000 |
| 33 U.S.C. 1236(b) | Vessel Navigation: Regattas or Marine Parades; Unlicensed Person in Charge | 8,000 |
| 33 U.S.C. 1236(c) | Vessel Navigation: Regattas or Marine Parades; Owner Onboard Vessel | 8,000 |
| 33 U.S.C. 1236(d) | Vessel Navigation: Regattas or Marine Parades; Other Persons | 3,000 |
| 33 U.S.C. 1319 | Pollution Prevention | 40,000 |
| 33 U.S.C. 1319(2)(A) | Pollution Prevention (per violation) | 15,000 |
| 33 U.S.C. 1319(2)(A) | Pollution Prevention (Maximum-repeated violations) | 40,000 |
| 33 U.S.C. 1319(2)(B) | Pollution Prevention (per day of violation) | 15,000 |
| 33 U.S.C. 1319(2)(B) | Pollution Prevention (Maximum-repeated violations) | 190,000 |
| 33 U.S.C. 1321(b)(6)(B)(i) | Oil/Hazardous Substances: Discharges (Class I per violation) | 15,000 |
| 33 U.S.C. 1321(b)(6)(B)(i) | Oil/Hazardous Substances: Discharges (Class I total under paragraph) | 40,000 |
| 33 U.S.C. 1321(b)(6)(B)(ii) | Oil/Hazardous Substances: Discharges (Class II per day of violation) | 15,000 |
| 33 U.S.C. 1321(b)(6)(B)(ii) | Oil/Hazardous Substances: Discharges (Class II total under paragraph) | 190,000 |
| 33 U.S.C. 1321(b)(7)(A) | Oil/Hazardous Substances: Discharges (per day of violation) Judicial Assessment | 40,000 |
| 33 U.S.C. 1321(b)(7)(A) | Oil/Hazardous Substances: Discharges (per barrel of oil or unit discharged) Judicial Assessment (3) | 1,100 |
| 33 U.S.C. 1321(b)(7)(B) | Oil/Hazardous Substances: Failure to Carry Out Removal/Comply With Order (Judicial Assessment) | 40,000 |
| 33 U.S.C. 1321(b)(7)(C) | Oil/Hazardous Substances: Failure to Comply with Regulation Issued Under 1321(j) (Judicial Assessment) | 40,000 |
| 33 U.S.C. 1321(b)(7)(D) | Oil/Hazardous Substances: Discharges, Gross Negligence (per barrel of oil or unit discharged) Judicial Assessment | 4,000 |
| 33 U.S.C. 1321(b)(7)(D) | Oil/Hazardous Substances: Discharges, Gross Negligence-Minimum Penalty (Judicial Assessment) | 130,000 |
| 33 U.S.C. 1322(j) | Marine Sanitation Devices; Operating | 3,000 |
| 33 U.S.C. 1322(j) | Marine Sanitation Devices; Sale or Manufacture | 8,000 |
| 33 U.S.C. 1608(a) | International Navigation Rules; Operator | 8,000 |
| 33 U.S.C. 1608(b) | International Navigation Rules; Vessel | 8,000 |
| 33 U.S.C. 1908(b)(1) | Pollution from Ships; General | 40,000 |
| 33 U.S.C. 1908(b)(2) | Pollution from Ships; False Statement | 8,000 |
| 33 U.S.C. 2072(a) | Inland Navigation Rules; Operator | 8,000 |
| 33 U.S.C. 2072(b) | Inland Navigation Rules; Vessel | 8,000 |
| 33 U.S.C. 2609(a) | Shore Protection; General | 40,000 |
| 33 U.S.C. 2609(b) | Shore Protection; Operating Without Permit | 15,000 |
| 33 U.S.C. 2716a(a) | Oil Pollution Liability and Compensation | 40,000 |
| 42 U.S.C. 9609(a) | Hazardous Substances, Releases, Liability, Compensation (Class I) | 35,000 |
| 42 U.S.C. 9609(b) | Hazardous Substances, Releases, Liability, Compensation (Class II) | 35,000 |
| 42 U.S.C. 9609(b) | Hazardous Substances, Releases, Liability, Compensation (Class II subsequent offense) | 100,000 |
| 42 U.S.C. 9609(c) | Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment) | 35,000 |
| 42 U.S.C. 9609(c) | Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment subsequent offense) | 100,000 |
| 46 U.S.C. App 1505(a)(2) | Safe Containers for International Cargo | 8,000 |
| 46 U.S.C. App 1712(a) | International Ocean Commerce Transportation-Common Carrier Agreements per violation | 6,000 |
| 46 U.S.C. App 1712(a) | International Ocean Commerce Transportation-Common Carrier Agreements per violation-Willful violation | 30,000 |
| 46 U.S.C. App 1712(b) | International Ocean Commerce Transportation-Common Carrier Agreements-Fine for tariff violation (per shipment) | 60,000 |
| 46 U.S.C. App 1805(c)(2) | Suspension of Passenger Service | 70,000 |
| 46 U.S.C. 2110(e) | Vessel Inspection or Examination Fees | 8,000 |
| 46 U.S.C. 2115 | Alcohol and Dangerous Drug Testing | 7,000 |
| 46 U.S.C. 2302(a) | Negligent Operations: Recreational Vessels | 6,000 |
| 46 U.S.C. 2302(a) | Negligent Operations: Other Vessels | 30,000 |
| 46 U.S.C. 2302(c)(1) | Operating a Vessel While Under the Influence of Alcohol or a Dangerous Drug | 7,000 |
| 46 U.S.C. 2306(a)(4) | Vessel Reporting Requirements: Owner, Charterer, Managing Operator, or Agent | 8,000 |
| 46 U.S.C. 2306(b)(2) | Vessel Reporting Requirements: Master (3) | 1,100 |
| 46 U.S.C. 3102(c)(1) | Immersion Suits | 8,000 |
| 46 U.S.C. 3302(i)(5) | Inspection Permit (3) | 1,100 |
| 46 U.S.C. 3318(a) | Vessel Inspection; General | 8,000 |
| 46 U.S.C. 3318(g) | Vessel Inspection; Nautical School Vessel | 8,000 |
| 46 U.S.C. 3318(h) | Vessel Inspection; Failure to Give Notice IAW 3304(b) (3) | 1,100 |
| 46 U.S.C. 3318(i) | Vessel Inspection; Failure to Give Notice IAW 3309(c) (3) | 1,100 |
| 46 U.S.C. 3318(j)(1) | Vessel Inspection; Vessel = 1600 Gross Tons | 15,000 |
| 46 U.S.C. 3318(j)(1) | Vessel Inspection; Vessel 1600 Gross Tons | 3,000 |
| 46 U.S.C. 3318(k) | Vessel Inspection; Failure to Comply with 3311(b) | 15,000 |
| 46 U.S.C. 3318(l) | Vessel Inspection; Violation of 3318(b)-3318(f) | 8,000 |
| 46 U.S.C. 3502(e) | List/count of Passengers | 110 |
| 46 U.S.C. 3504(c) | Notification to Passengers | 15,000 |
| 46 U.S.C. 3504(c) | Notification to Passengers; Sale of Tickets | 800 |
| 46 U.S.C. 3506 | Copies of Laws on Passenger Vessels; Master | 300 |
| 46 U.S.C. 3718(a)(1) | Liquid Bulk/Dangerous Cargo | 40,000 |
| 46 U.S.C. 4106 | Uninspected Vessels | 8,000 |
| 46 U.S.C. 4311(b)(1) | Recreational Vessels (maximum for related series of violations) | 300,000 |
| 46 U.S.C. 4311(b)(1) | Recreational Vessels; Violation of 4307(a) | 6,000 |
| 46 U.S.C. 4311(c) | Recreational vessels (3) | 1,100 |
| 46 U.S.C. 4507 | Uninspected Commercial Fishing Industry Vessels | 8,000 |
| 46 U.S.C. 4703 | Abandonment of Barges (3) | 1,100 |
| 46 U.S.C. 5116(a) | Load Lines | 8,000 |
| 46 U.S.C. 5116(b) | Load Lines; Violation of 5112(a) | 15,000 |
| 46 U.S.C. 5116(c) | Load Lines; Violation of 5112(b) | 8,000 |
| 46 U.S.C. 6103(a) | Reporting Marine Casualties | 35,000 |
| 46 U.S.C. 6103(b) | Reporting Marine Casualties; Violation of 6104 | 8,000 |
| 46 U.S.C. 8101(e) | Manning of Inspected Vessels; Failure to Report Deficiency in Vessel Complement (3) | 1,100 |
| 46 U.S.C. 8101(f) | Manning of Inspected Vessels | 15,000 |
| 46 U.S.C. 8101(g) | Manning of Inspected Vessels; Employing or Serving in Capacity not Licensed by USCG | 15,000 |
| 46 U.S.C. 8101(h) | Manning of Inspected Vessels; Freight Vessel 100 GT, Small Passenger Vessel, or Sailing School Vessel (3) | 1,100 |
| 46 U.S.C. 8102(a) | Watchmen on Passenger Vessels (3) | 1,100 |
| 46 U.S.C. 8103(f) | Citizenship Requirements | 800 |
| 46 U.S.C. 8104(i) | Watches on Vessels; Violation of 8104(a) or (b) | 15,000 |
| 46 U.S.C. 8104(j) | Watches on Vessels; Violation of 8104(c), (d), (e), or (h) | 15,000 |
| 46 U.S.C. 8302(e) | Staff Department on Vessels | 110 |
| 46 U.S.C. 8304(d) | Officer's Competency Certificates | 110 |
| 46 U.S.C. 8502(e) | Coastwise Pilotage; Owner, Charterer, Managing Operator, Agent, Master, or Individual in Charge | 15,000 |
| 46 U.S.C. 8502(f) | Coastwise Pilotage; Individual | 15,000 |
| 46 U.S.C. 8503 | Federal Pilots | 40,000 |
| 46 U.S.C. 8701(d) | Merchant Mariners Documents | 800 |
| 46 U.S.C. 8702(e) | Crew Requirements | 15,000 |
| 46 U.S.C. 8906 | Small Vessel Manning | 35,000 |
| 46 U.S.C. 9308(a) | Pilotage: Great Lakes; Owner, Charterer, Managing Operator, Agent, Master, or Individual in Charge | 15,000 |
| 46 U.S.C. 9308(b) | Pilotage: Great Lakes; Individual | 15,000 |
| 46 U.S.C. 9308(c) | Pilotage: Great Lakes; Violation of 9303 | 15,000 |
| 46 U.S.C. 10104(b) | Failure to Report Sexual Offense | 8,000 |
| 46 U.S.C. 10314(a)(2) | Pay Advances to Seamen | 800 |
| 46 U.S.C. 10314(b) | Pay Advances to Seamen; Remuneration for Employment | 800 |
| 46 U.S.C. 10315(c) | Allotment to Seamen | 800 |
| 46 U.S.C. 10321 | Seamen Protection; General | 7,000 |
| 46 U.S.C. 10505(a)(2) | Coastwise Voyages: Advances | 7,000 |
| 46 U.S.C. 10505(b) | Coastwise Voyages: Advances; Remuneration for Employment | 7,000 |
| 46 U.S.C. 10508(b) | Coastwise Voyages: Seamen Protection; General | 7,000 |
| 46 U.S.C. 10711 | Effects of Deceased Seamen | 300 |
| 46 U.S.C. 10902(a)(2) | Complaints of Unfitness | 800 |
| 46 U.S.C. 10903(d) | Proceedings on Examination of Vessel | 110 |
| 46 U.S.C. 10907(b) | Permission to Make Complaint | 800 |
| 46 U.S.C. 11101(f) | Accommodations for Seamen | 800 |
| 46 U.S.C. 11102(b) | Medicine Chests on Vessels | 800 |
| 46 U.S.C. 11104(b) | Destitute Seamen | 110 |
| 46 U.S.C. 11105(c) | Wages on Discharge | 800 |
| 46 U.S.C. 11303(a) | Log Books; Master Failing to Maintain | 300 |
| 46 U.S.C. 11303(b) | Log Books; Master Failing to Make Entry | 300 |
| 46 U.S.C. 11303(c) | Log Books; Late Entry | 200 |
| 46 U.S.C. 11506 | Carrying of Sheath Knives | 80 |
| 46 U.S.C. 12151(a) | Documentation of Vessels (violation per day) (4) | 15,000 |
| 46 U.S.C. 12151(c) | Engaging in Fishing After Falsifying Eligibility (fine per day) (4) | 130,000 |
| 46 U.S.C. 12309(a) | Numbering of Undocumented Vessels-Willful violation | 6,000 |
| 46 U.S.C. 12309(b) | Numbering of Undocumented Vessels (3) | 1,100 |
| 46 U.S.C. 12507(b) | Vessel Identification System | 15,000 |
| 46 U.S.C. 14701 | Measurement of Vessels | 30,000 |
| 46 U.S.C. 14702 | Measurement; False Statements | 30,000 |
| 46 U.S.C. 31309 | Commercial Instruments and Maritime Liens (3) | 15,000 |
| 46 U.S.C. 31330(a)(2) | Commercial Instruments and Maritime Liens; Mortgagor | 15,000 |
| 46 U.S.C. 31330(b)(2) | Commercial Instruments and Maritime Liens; Violation of 31329 | 35,000 |
| 46 U.S.C. 70119 | Port Security | 30,000 |
| 46 U.S.C. 70119(b) | Port Security-Continuing Violations (4) | 50,000 |
| 49 U.S.C. 5123(a)(1) | Hazardous Materials: Related to Vessels-Maximum Penalty | 60,000 |
| 49 U.S.C. 5123(a)(1) | Hazardous Materials: Related to Vessels-Minimum Penalty | 300 |
| 49 U.S.C. 5123(a)(2) | Hazardous Materials: Related to Vessels-Penalty from Fatalities, Serious Injuries/Illness or Substantial Damage to Property (5) | 110,000 |
| (1) Enacted under the Tariff Act of 1930, exempt from inflation adjustments. | ||
| (2) These penalties increased in accordance with the statute to: $10,000 in 2005, $15,000 in 2006, $20,000 in 2007, and $25,000 in 2008 and thereafter. | ||
| (3) These penalties did not qualify for an adjustment under the rounding rules of the Act. | ||
| (4) These penalties were enacted in 2006 and did not qualify for an adjustment. | ||
| (5) These penalties were enacted or amended in 2005 were rounded based on the CPI change from 2005 to 2008. | ||
Dated: December 10, 2009.
K.S. Cook,
Rear Admiral, Director of Prevention Policy, U.S. Coast Guard.
[FR Doc. E9-30493 Filed 12-22-09; 8:45 am]
BILLING CODE 9110-04-P