82 FR 18871 - Annual Civil Monetary Penalties Adjustment
DEPARTMENT OF TRANSPORTATION
Maritime Administration Federal Register Volume 82, Issue 77 (April 24, 2017)
Maritime Administration
Federal Register Volume 82, Issue 77 (April 24, 2017)
| Page Range | 18871-18873 | |
| FR Document | 2017-08198 |
[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)] [Rules and Regulations] [Pages 18871-18873] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-08198] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Maritime Administration 46 CFR Parts 221, 307, 340, and 356 RIN 2133-AB89 Annual Civil Monetary Penalties Adjustment AGENCY: Maritime Administration, Department of Transportation. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Maritime Administration (MARAD) is updating its regulations to reflect required annual inflation-related increases to the civil monetary penalties in its regulations, pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvement Act of 2015. This final rule adjusts civil penalty amounts for violations of procedures related to the American Fisheries Act, certain regulated transactions involving documented vessels, the Automated Mutual Assistance Vessel Rescue program (AMVER) and the Defense Production Act. MARAD finds that good cause exists for immediate implementation of this final rule because prior notice and comment are unnecessary, per the specific provisions of the 2015 Act. DATES: This rule is effective May 4, 2017. ADDRESSES: Office of Chief Counsel, MAR 225, Maritime Administration, 1200 New Jersey Avenue SE., West Building, Second Floor, Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: T. Mitchell Hudson, Jr., Office of Chief Counsel, MARAD, telephone (202) 366-9373, email to: [email protected], 1200 New Jersey Ave. SE., Washington, DC 20590. SUPPLEMENTARY INFORMATION: I. Background The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec. 701 of Pub. L. 114-74) (the ``2015 Act''), which is intended to improve the effectiveness of civil monetary penalties and to maintain the deterrent effect of such penalties, requires agencies to adjust the civil monetary penalties for inflation annually. II. Administrative Procedures Act Generally, agencies may promulgate final rules only after issuing a notice of proposed rulemaking and providing an opportunity for public comment under procedures required by the APA, as provided in 5 U.S.C. 553(b) and (c). The APA, in 5 U.S.C. 553(b)(3)(B), provides an exception from these requirements when notice and public comment procedures are ``impracticable, unnecessary, or contrary to the public interest.'' MARAD finds that prior notice and comment to this civil penalty adjustment is unnecessary because section 4 of the 2015 Act specifically requires the annual adjustments to be accomplished through final rule without notice and comment. Also pursuant to the APA (5 U.S.C. 553(d)(3)), the rule will be effective 10 days after publication in the Federal Register. Delaying the effective date for 30 days after publication would be contrary to the direction provided in the 2015 Act, which states that annual adjustments be made by January 15th of each year. As this final rule is already past that deadline, further delay would be contrary to the public interest. III. Regulatory History On June 30, 2016, MARAD published an interim final rule using an initial ``catch up'' adjustment, as required by section 4 of the 2015 Act (81 FR 41453). Just like this final rule, the interim final rule made adjustments to civil penalty amounts for violations of procedures related to the American Fisheries Act, certain regulated transactions involving documented vessels, the Automated Mutual Assistance Vessel Rescue program (AMVER) and the Defense Production Act. III. Calculation of Adjustment The annual inflation adjustment for each applicable civil monetary penalty is determined using the percent increase in the Consumer Price Index for all Urban Consumers (CPI-U) for the month of October of the year in which the amount of each civil penalty was most recently established or modified. In the December 16, 2016, OMB Memorandum for the Heads of Executive Agencies and Departments, M-17-11, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, OMB published the multiplier for the required annual adjustment. The cost- of-living adjustment multiplier for 2017, based on the CPI-U for the month of October 2016, not seasonally adjusted, is 1.01636. Using the 2017 multiplier, MARAD adjusts all its applicable monetary penalties. Inflationary Adjustments to Penalty Amounts in 46 CFR Part 221 Changes to Civil Penalties for Regulated Transactions Involving Vessel Ownership Transfers and Other Maritime Interests (46 CFR 221.61) The maximum civil penalties arising under 46 CFR 221.61 have not been updated since they were established, except for inflationary adjustments pursuant to the Inflation Adjustment Act of 1990. Applying the multiplier for the increase in CPI-U for 2017, the maximum civil penalty for a single violation of any provision under 46 U.S.C. Chapter 313 and all of Subtitle III related MARAD regulations, except section 31329, specified in 31309 of Title 46 of the United States Code is adjusted to $20,111. Likewise, the maximum civil penalty for a single violation of 31329 of Title 46 of the United States Code as it relates to the court sales of documented vessels, specified in 31330 of Title 46 of the [[Page 18872]] United States Code, is adjusted to $50,276. Lastly, for penalties arising under 46 CFR 221.61, the maximum civil penalty for a single violation of 56101 of Title 46 of the United States Code as it relates to approvals required to transfer a vessel to a noncitizen, specified in 56101(e) of Title 46 United States Code is adjusted to $19,246. Inflationary Adjustments to Penalty Amounts in 46 CFR Part 307 Changes to Civil Penalties for Failure To File an AMVER Report (46 CFR 307.19) Applying the multiplier for the increase in CPI-U for 2017, the maximum civil penalty for a single violation of 50113 of Title 46 of the United States Code related to use and performance reports by operators of vessels as specified in 50113(b) of Title 46 of the United States Code is adjusted to $127.00. Inflationary Adjustments to Penalty Amounts in 46 CFR Part 340 Changes to Civil Penalties for Violating Procedures for the Use and Allocation of Shipping Services, Port Facilities and Services for National Security and National Defense Operations (46 CFR 340.9) Applying the multiplier for the increase in CPI-U for 2017, the maximum civil penalty for a single violation of 4501 of Title 50 of the United States Code, specified in 4513 of Title 50 of the United States Code, at 46 CFR 340.9, is adjusted to $25,409. Inflationary Adjustments to Penalty Amounts in 46 CFR Part 356 Changes to Civil Penalties for Violations in Applying for or Renewing a Vessel's Fishery Endorsement (46 CFR 356.49) Applying the multiplier for the increase in CPI-U for 2017, the maximum civil penalty for a single violation of 12151 of Title 46 of the United States Code for engaging in fishing operations as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act, within the Exclusive Economic Zone, specified in 12151(c) of Title 46 of the United States Code, and at 46 CFR 356.49, is adjusted to $147,396 for each day such vessel engaged in fishing. IV. Rulemaking Analyses and Notices Executive Order 12866, Executive Order 13563, and DOT Regulatory Policies and Procedures MARAD has considered the impact of this rulemaking action under Executive Order 12866, Executive Order 13563, and the Department of Transportation's regulatory policies and procedures. This rulemaking document was not reviewed under Executive Order 12866 or Executive Order 13563. This action is limited to the adoption of adjustments of civil penalties under statutes that the agency enforces, and has been determined to be not ``significant'' under the Department of Transportation's regulatory policies and procedures and the policies of the Office of Management and Budget. Because this rulemaking does not change the number of entities that are subject to civil penalties, the impacts are limited. Furthermore, excluding the penalties in 46 CFR 221.61, 307.19, 340.9 and 356.49 for violating certain long standing procedures, this final rule does not establish civil penalty amounts that MARAD is required to seek. We also do not expect the increase in the civil penalty amount in any of these regulations to be economically significant. Over the last five years, MARAD has not collected any civil penalties under these regulations. Increasing the current civil penalty amount by 150 percent would not result in an annual effect on the economy of $100 million or more. Regulatory Flexibility Act We have also considered the impacts of this regulation under the Regulatory Flexibility Act. I certify that this rule will not have a significant economic impact on a substantial number of small entities. Since this regulation does not establish a penalty amount that MARAD is required to seek, except for the long standing civil penalties set forth in 46 CFR 221.61, 307.19, 340.9 and 356.49, this rule will not have a significant economic impact on small businesses. Additionally, over the last five years, MARAD has not collected any civil penalties under these regulations. Accordingly, increasingly the civil penalty amount is unlikely to have any economic impact on any small businesses. Executive Order 13132 (Federalism) Executive Order 13132 requires MARAD to develop an accountable process to ensure ``meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' ``Policies that have federalism implications'' is defined in the Executive Order to include regulations that have ``substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.'' Under Executive Order 13132, the agency may not issue a regulation with Federalism implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, the agency consults with State and local governments, or the agency consults with State and local officials early in the process of developing the regulation. This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. This rule only updates existing penalties, pursuant to statute. MARAD has not collected any civil penalties under these regulations within the last five years and if it were to assess penalties, due to the amounts involved, it would not have a substantial direct effect on a State. Thus, the requirements of Section 6 of the Executive Order do not apply. Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995, Public Law 104-4, requires agencies to prepare a written assessment of the cost, benefits and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of more than $100 million annually. Because this rule will not have a $100 million effect, no Unfunded Mandates assessment will be prepared. Executive Order 12778 (Civil Justice Reform) This rule does not have a retroactive or preemptive effect. Judicial review of this rule may be obtained pursuant to 5 U.S.C. 702. That section does not require that a petition for reconsideration be filed prior to seeking judicial review. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1980, we state that there are no requirements for information collection associated with this rulemaking action. List of Subjects 46 CFR Part 221 Administrative practice and procedure, Maritime carriers, Mortgages, Penalties, Reporting and recordkeeping requirements, Trusts and trustees. [[Page 18873]] 46 CFR Part 307 Marine safety, Maritime carriers, Penalties, Reporting and recordkeeping requirements. 46 CFR Part 340 Harbors, Maritime carriers, National defense, Packaging and containers. 46 CFR Part 356 Citizenship and naturalization, Fishing vessels, Mortgages, Penalties, Reporting and recordkeeping requirements, Vessels. In consideration of the foregoing, 46 CFR parts 221, 307, 340, and 356 are amended as set forth below. PART 221--REGULATED TRANSACTIONS INVOLVING DOCUMENTED VESSELS AND OTHER MARITIME INTERESTS 0 1. The authority citation for 46 CFR part 221 continues to read as follows: Authority: 46 U.S.C. chs. 301, 313, and 561; Pub. L. 114-74; 49 CFR 1.93. 0 2. Section 221.61 is revised to read as follows: Sec. 221.61 Compliance. (a) This subpart describes procedures for the administration of civil penalties that the Maritime Administration may assess under 46 U.S.C. 31309, 31330 and 56101, pursuant to 49 U.S.C. 336. (b) Pursuant to 46 U.S.C. 31309, a general penalty of not more than $20,111 may be assessed for each violation of chapter 313 or 46 U.S.C. subtitle III administered by the Maritime Administration, and the regulations in this part that are promulgated thereunder, except that a person violating 46 U.S.C. 31329 and the regulations promulgated thereunder is liable for a civil penalty of not more than $50,276 for each violation. A person that charters, sells, transfers or mortgages a vessel, or an interest therein, in violation of 46 U.S.C. 56101(e) is liable for a civil penalty of not more than $19,246 for each violation. PART 307--ESTABLISHMENT OF MANDATORY POSITION REPORTING SYSTEM FOR VESSELS 0 3. The authority citation for 46 CFR part 307 continues to read as follows: Authority: Pub. L. 109-304; 46 U.S.C. 50113; Pub. L. 114-74; 49 CFR 1.93. 0 4. Section 307.19 is revised to read as follows: Sec. 307.19 Penalties. The owner or operator of a vessel in the waterborne foreign commerce of the United States is subject to a penalty of $127.00 for each day of failure to file an AMVER report required by this part. Such penalty shall constitute a lien upon the vessel, and such vessel may be libeled in the district court of the United States in which the vessel may be found. PART 340--PRIORITY USE AND ALLOCATION OF SHIPPING SERVICES, CONTAINERS AND CHASSIS, AND PORT FACILITIES AND SERVICES FOR NATIONAL SECURITY AND NATIONAL DEFENSE RELATED OPERATIONS 0 5. The authority citation for 46 CFR part 340 continues to read as follows: Authority: 50 U.S.C. 4501 et seq. (``The Defense Production Act''); Executive Order 13603 (77 FR 16651); Executive Order 12656 (53 FR 47491); Pub. L. 114-74; 49 CFR 1.45; 49 CFR 1.93(l). 0 6. Section 340.9 is revised to read as follows: Sec. 340.9 Compliance. Pursuant 50 U.S.C. 4513 any person who willfully performs any act prohibited, or willfully fails to perform any act required, by the provisions of this regulation shall, upon conviction, be fined not more than $25,409 or imprisoned for not more than one year, or both. PART 356--REQUIREMENTS FOR VESSELS OF 100 FEET OR GREATER IN REGISTERED LENGTH TO OBTAIN A FISHERY ENDORSEMENT TO THE VESSEL'S DOCUMENTATION 0 7. The authority citation for 46 CFR part 356 continues to read as follows: Authority: 46 U.S.C. 12102; 46 U.S.C. 12151; 46 U.S.C. 31322; Pub. L. 105-277, division C, title II, subtitle I, section 203 (46 U.S.C. 12102 note), section 210(e), and section 213(g), 112 Stat. 2681; Pub. L. 107-20, section 2202, 115 Stat. 168-170; Pub. L. 114- 74; 49 CFR 1.93. 0 8. Revise Sec. 356.49(b) to read as follows: Sec. 356.49 Penalties. * * * * * (b) A fine of up to $147,396 may be assessed against the vessel owner for each day in which such vessel has engaged in fishing (as such term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802) within the exclusive economic zone of the United States; and * * * * * Dated: April 19, 2017. By Order of the Maritime Administrator. T. Mitchell Hudson, Jr., Secretary, Maritime Administration. [FR Doc. 2017-08198 Filed 4-21-17; 8:45 am] BILLING CODE 4910-81-P
![Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Rules and Regulations 18871
§ 52.370 Identification of plan. penalty amounts for violations of past that deadline, further delay would
* * * * * procedures related to the American be contrary to the public interest.
(c) * * * Fisheries Act, certain regulated
III. Regulatory History
(114) Revisions to the State transactions involving documented
Implementation Plan submitted by the vessels, the Automated Mutual On June 30, 2016, MARAD published
Connecticut Department of Energy and Assistance Vessel Rescue program an interim final rule using an initial
Environmental Protection on June 27, (AMVER) and the Defense Production ‘‘catch up’’ adjustment, as required by
2016 and August 18, 2016. Act. section 4 of the 2015 Act (81 FR 41453).
(i) Incorporation by reference. MARAD finds that good cause exists Just like this final rule, the interim final
(A) General Permit to Limit Potential for immediate implementation of this rule made adjustments to civil penalty
to Emit from Major Stationary Sources, final rule because prior notice and amounts for violations of procedures
issuance date November 9, 2015, except comment are unnecessary, per the related to the American Fisheries Act,
for the provisions listed below, related specific provisions of the 2015 Act. certain regulated transactions involving
to greenhouse gases which Connecticut DATES: This rule is effective May 4, documented vessels, the Automated
withdrew from consideration as part of 2017. Mutual Assistance Vessel Rescue
the SIP. program (AMVER) and the Defense
ADDRESSES: Office of Chief Counsel,
(1) In Section 2, the definitions for Production Act.
MAR 225, Maritime Administration,
‘‘Carbon Dioxide Equivalent Emissions’’ 1200 New Jersey Avenue SE., West III. Calculation of Adjustment
or ‘‘CO2’’, ‘‘Greenhouse Gases’’ or Building, Second Floor, Washington, DC
‘‘GHG’’, ‘‘Hydroflourocarbon’’ or The annual inflation adjustment for
20590. each applicable civil monetary penalty
‘‘HFC’’, and ‘‘Perfluorocarbon’’ or FOR FURTHER INFORMATION CONTACT: T.
‘‘PFCs’’ in paragraph (a); is determined using the percent increase
Mitchell Hudson, Jr., Office of Chief in the Consumer Price Index for all
(2) In Sections 4 and 5, the words Counsel, MARAD, telephone (202) 366–
‘‘excluding GHG which are limited to Urban Consumers (CPI–U) for the month
9373, email to: rulemakings.marad@ of October of the year in which the
less than 100% of Title V source dot.gov, 1200 New Jersey Ave. SE.,
threshold as defined in section 22a– amount of each civil penalty was most
Washington, DC 20590. recently established or modified. In the
174–33(a)(10)(F)(iv) of the Regulations
SUPPLEMENTARY INFORMATION: December 16, 2016, OMB Memorandum
of Connecticut State Agencies’’ in
paragraphs (4)(c)(2)(E)(i) and (ii), I. Background for the Heads of Executive Agencies and
4(c)(2)(J), 4(d)(1), and 4(g)(5)(A) and (B); Departments, M–17–11, Implementation
The Federal Civil Penalties Inflation of the 2017 annual adjustment pursuant
and 5(a)(1) and (2); Adjustment Act Improvements Act of
(3) In Section 5, the words ‘‘excluding to the Federal Civil Penalties Inflation
2015 (Sec. 701 of Pub. L. 114–74) (the Adjustment Act Improvements Act of
GHG which are limited to less than ‘‘2015 Act’’), which is intended to
100% of Title V source threshold’’ in 2015, OMB published the multiplier for
improve the effectiveness of civil the required annual adjustment. The
the introductory paragraph; monetary penalties and to maintain the
(4) In Section 5, paragraphs cost-of-living adjustment multiplier for
deterrent effect of such penalties, 2017, based on the CPI–U for the month
5(b)(2)(A)(vi) and 5(b)(2)(B)(i); requires agencies to adjust the civil
(5) In Section 5, the words ‘‘and (vi)’’ of October 2016, not seasonally
monetary penalties for inflation adjusted, is 1.01636.
in paragraph 5(b)(2)(A)(vii); and annually.
(6) In Section 5, the words ‘‘other than Using the 2017 multiplier, MARAD
GHG’’ in paragraphs 5(b)(2)(B)(ii) and II. Administrative Procedures Act adjusts all its applicable monetary
(iii). penalties.
Generally, agencies may promulgate
[FR Doc. 2017–08109 Filed 4–21–17; 8:45 am] final rules only after issuing a notice of Inflationary Adjustments to Penalty
BILLING CODE 6560–50–P proposed rulemaking and providing an Amounts in 46 CFR Part 221
opportunity for public comment under
Changes to Civil Penalties for Regulated
procedures required by the APA, as
Transactions Involving Vessel
DEPARTMENT OF TRANSPORTATION provided in 5 U.S.C. 553(b) and (c). The
Ownership Transfers and Other
APA, in 5 U.S.C. 553(b)(3)(B), provides
Maritime Interests (46 CFR 221.61)
Maritime Administration an exception from these requirements
when notice and public comment The maximum civil penalties arising
46 CFR Parts 221, 307, 340, and 356 procedures are ‘‘impracticable, under 46 CFR 221.61 have not been
unnecessary, or contrary to the public updated since they were established,
RIN 2133–AB89 interest.’’ MARAD finds that prior except for inflationary adjustments
notice and comment to this civil penalty pursuant to the Inflation Adjustment
Annual Civil Monetary Penalties
adjustment is unnecessary because Act of 1990. Applying the multiplier for
Adjustment
section 4 of the 2015 Act specifically the increase in CPI–U for 2017, the
AGENCY: Maritime Administration, requires the annual adjustments to be maximum civil penalty for a single
Department of Transportation. accomplished through final rule without violation of any provision under 46
ACTION: Final rule. notice and comment. U.S.C. Chapter 313 and all of Subtitle III
Also pursuant to the APA (5 U.S.C. related MARAD regulations, except
SUMMARY: The Maritime Administration 553(d)(3)), the rule will be effective 10 section 31329, specified in 31309 of
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(MARAD) is updating its regulations to days after publication in the Federal Title 46 of the United States Code is
reflect required annual inflation-related Register. Delaying the effective date for adjusted to $20,111. Likewise, the
increases to the civil monetary penalties 30 days after publication would be maximum civil penalty for a single
in its regulations, pursuant to the contrary to the direction provided in the violation of 31329 of Title 46 of the
Federal Civil Penalties Inflation 2015 Act, which states that annual United States Code as it relates to the
Adjustment Act Improvement Act of adjustments be made by January 15th of court sales of documented vessels,
2015. This final rule adjusts civil each year. As this final rule is already specified in 31330 of Title 46 of the
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46 CFR Part 307 person that charters, sells, transfers or § 340.9 Compliance.
Marine safety, Maritime carriers, mortgages a vessel, or an interest Pursuant 50 U.S.C. 4513 any person
Penalties, Reporting and recordkeeping therein, in violation of 46 U.S.C. who willfully performs any act
requirements. 56101(e) is liable for a civil penalty of prohibited, or willfully fails to perform
not more than $19,246 for each any act required, by the provisions of
46 CFR Part 340 violation. this regulation shall, upon conviction,
Harbors, Maritime carriers, National be fined not more than $25,409 or
defense, Packaging and containers. PART 307—ESTABLISHMENT OF
imprisoned for not more than one year,
MANDATORY POSITION REPORTING
46 CFR Part 356 or both.
SYSTEM FOR VESSELS
Citizenship and naturalization, PART 356—REQUIREMENTS FOR
Fishing vessels, Mortgages, Penalties, ■ 3. The authority citation for 46 CFR VESSELS OF 100 FEET OR GREATER
Reporting and recordkeeping part 307 continues to read as follows: IN REGISTERED LENGTH TO OBTAIN
requirements, Vessels. Authority: Pub. L. 109–304; 46 U.S.C. A FISHERY ENDORSEMENT TO THE
In consideration of the foregoing, 46 50113; Pub. L. 114–74; 49 CFR 1.93. VESSEL’S DOCUMENTATION
CFR parts 221, 307, 340, and 356 are
■ 4. Section 307.19 is revised to read as
amended as set forth below. ■ 7. The authority citation for 46 CFR
follows:
part 356 continues to read as follows:
PART 221—REGULATED § 307.19 Penalties.
TRANSACTIONS INVOLVING Authority: 46 U.S.C. 12102; 46 U.S.C.
DOCUMENTED VESSELS AND OTHER The owner or operator of a vessel in 12151; 46 U.S.C. 31322; Pub. L. 105–277,
the waterborne foreign commerce of the division C, title II, subtitle I, section 203 (46
MARITIME INTERESTS
United States is subject to a penalty of U.S.C. 12102 note), section 210(e), and
■ 1. The authority citation for 46 CFR $127.00 for each day of failure to file an section 213(g), 112 Stat. 2681; Pub. L. 107–
20, section 2202, 115 Stat. 168–170; Pub. L.
part 221 continues to read as follows: AMVER report required by this part.
114–74; 49 CFR 1.93.
Authority: 46 U.S.C. chs. 301, 313, and Such penalty shall constitute a lien
561; Pub. L. 114–74; 49 CFR 1.93. upon the vessel, and such vessel may be ■ 8. Revise § 356.49(b) to read as
libeled in the district court of the United follows:
■ 2. Section 221.61 is revised to read as
States in which the vessel may be
follows: § 356.49 Penalties.
found.
§ 221.61 Compliance. * * * * *
(a) This subpart describes procedures PART 340—PRIORITY USE AND (b) A fine of up to $147,396 may be
for the administration of civil penalties ALLOCATION OF SHIPPING assessed against the vessel owner for
that the Maritime Administration may SERVICES, CONTAINERS AND each day in which such vessel has
assess under 46 U.S.C. 31309, 31330 CHASSIS, AND PORT FACILITIES AND engaged in fishing (as such term is
and 56101, pursuant to 49 U.S.C. 336. SERVICES FOR NATIONAL SECURITY defined in section 3 of the Magnuson-
(b) Pursuant to 46 U.S.C. 31309, a AND NATIONAL DEFENSE RELATED Stevens Fishery Conservation and
general penalty of not more than OPERATIONS Management Act (16 U.S.C. 1802)
$20,111 may be assessed for each within the exclusive economic zone of
violation of chapter 313 or 46 U.S.C. ■ 5. The authority citation for 46 CFR the United States; and
subtitle III administered by the Maritime part 340 continues to read as follows:
* * * * *
Administration, and the regulations in Authority: 50 U.S.C. 4501 et seq. (‘‘The
Defense Production Act’’); Executive Order Dated: April 19, 2017.
this part that are promulgated
thereunder, except that a person 13603 (77 FR 16651); Executive Order 12656 By Order of the Maritime Administrator.
(53 FR 47491); Pub. L. 114–74; 49 CFR 1.45; T. Mitchell Hudson, Jr.,
violating 46 U.S.C. 31329 and the
49 CFR 1.93(l). Secretary, Maritime Administration.
regulations promulgated thereunder is
liable for a civil penalty of not more ■ 6. Section 340.9 is revised to read as [FR Doc. 2017–08198 Filed 4–21–17; 8:45 am]
than $50,276 for each violation. A follows: BILLING CODE 4910–81–P
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Document Created: 2017-04-22 00:11:06
Document Modified: 2017-04-22 00:11:06
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective May 4, 2017. | |
| Contact | T. Mitchell Hudson, Jr., Office of Chief Counsel, MARAD, telephone (202) 366-9373, email to: [email protected], 1200 New Jersey Ave. SE., Washington, DC 20590. | |
| FR Citation | 82 FR 18871 | |
| RIN Number | 2133-AB89 | |
| CFR Citation | 46
CFR
221 46 CFR 307 46 CFR 340 46 CFR 356 | |
| CFR Associated | Administrative Practice and Procedure; Maritime Carriers; Mortgages; Penalties; Reporting and Recordkeeping Requirements; Trusts and Trustees; Marine Safety; Harbors; National Defense; Packaging and Containers; Citizenship and Naturalization; Fishing Vessels and Vessels |
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