01-27-2017 By Laurie Thomas, Maritime Security Outlook Contributor
In the January 27, 2017 Federal Register, at https://www.gpo.gov/fdsys/pkg/FR-2017-01-27/pdf/2017-00605.pdf, the Department of Homeland Security established the schedule of civil monetary penalties as adjusted for inflation. As explained in the Final Rule, in 2015 government agencies were required to “(1) Adjust the level of civil monetary penalties with an initial ‘‘catch-up’’ adjustment through issuance of an Interim Final Rule (IFR) and (2) make subsequent annual adjustments for inflation”. This final rule reflects this adjustment, is effective immediately, and applies to violations that occurred after November 2, 2015.
The Coast Guard has a lengthy list of civil violation costs; port security appears near the end of this list on p. 8577. Amending 46 U.S.C. 70119 (cited in 33 CFR 101.415, Penalties) the new penalty for a port security violation is $33,333. The penalty for a continuing violation is $59,893.