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Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Rules and Regulations Citation in 22 CFR

2020 Max penalties
138.400
First Offenders
138.400

$20,158

$20,396.

$20,489 up to $204,892

$20,731 up to $207,314.

Effective Date of Penalties
Executive Orders 12372 and 13132

22 CFR Part 103

The revised CMP amounts will go into effect on the date this rule is published.
All violations for which CMPs are assessed on or after the effective date of this rule, regardless of whether the violation occurred before the effective date, will be assessed at the adjusted penalty level.

This amendment 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. Therefore, in accordance with Executive Order 13132, it is determined that this amendment does not have sufficient federalism implications to require consultations or warrant the preparation of a federalism summary impact statement.

Administrative practice and procedure, Chemicals, Classified information, Foreign relations, Freedom of information, International organization, Investigations, Penalties, Reporting and recordkeeping requirements.

Future Adjustments and Reporting The 2015 Act directed agencies to undertake an annual review of CMPs using a formula prescribed by the statute. Annual adjustments to CMPs are made in accordance with the guidance issued by OMB. As in this rulemaking, the Department of State will publish notification of annual inflation adjustments to CMPs in the Federal Register no later than January 15 of each year, with the adjusted amount taking effect immediately upon publication.
Regulatory Analysis and Notices Administrative Procedure Act The Department of State is publishing this rule using the good cause exception to the Administrative Procedure Act 5 U.S.C. 553b, as the Department has determined that public comment on this rulemaking would be impractical, unnecessary, or contrary to the public interest. This rulemaking is mandatory and entirely without agency discretion; it implements Public Law 11474. See 5 U.S.C. 553d3.
Regulatory Flexibility Act Because this rulemaking is exempt from 5 U.S.C. 553, a Regulatory Flexibility Analysis is not required.
This rule does not involve a mandate that will result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector, of $100 million or more in any year and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule within the meaning of the Small Business Regulatory Enforcement Fairness Act of 1996.

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Executive Orders 12866 and 13563
The Department believes that benefits of the rulemaking outweigh any costs, and there are no feasible alternatives to this rulemaking. Pursuant to M2005, OIRA has determined that agency regulations that 1 exclusively implement the annual adjustment, 2
are consistent with this guidance, and 3 have an annual impact of less than $100 million, are generally not significant regulatory actions under E.O.
12866. Therefore, agencies are generally not required to submit regulations satisfying those criteria to OIRA for review. This regulation satisfies all of those criteria.
Executive Order 12988
The Department of State has reviewed the proposed amendment in light of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden.
The Department of State has determined that this rulemaking will not have tribal implications, will not impose substantial direct compliance costs on Indian Tribal governments, and will not preempt Tribal law.
Accordingly, Executive Order 13175
does not apply to this rulemaking.
This rulemaking does not impose or revise any information collections subject to 44 U.S.C. Chapter 35.
List of Subjects 22 CFR Part 35
Administrative practice and procedure, Claims, Fraud, Penalties.

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Arms and munitions, Exports.
22 CFR Part 138
Government contracts, Grant programs, Loan programs, Lobbying, Penalties, Reporting and recordkeeping requirements.
For the reasons set forth above, 22
CFR parts 35, 103, 127, and 138 are amended as follows:
PART 35PROGRAM FRAUD CIVIL
REMEDIES
1. The authority citation for part 35
continues to read as follows:

Authority: 22 U.S.C. 2651a; 31 U.S.C. 3801
et seq.; Pub. L. 11474, 129 Stat. 584.
35.3

Amended
2. In 35.3:
a. Remove $11,665 and add in its place $11,803, wherever it occurs.
b. In paragraph f, remove $343,969
and add in its place $348,035.

PART 103REGULATIONS FOR
IMPLEMENTATION OF THE CHEMICAL
WEAPONS CONVENTION AND THE
CHEMICAL WEAPONS CONVENTION
IMPLEMENTATION ACT OF 1998 ON
THE TAKING OF SAMPLES AND ON
ENFORCEMENT OF REQUIREMENTS
CONCERNING RECORDKEEPING AND
INSPECTIONS
3. The authority citation for part 103
continues to read as follows:

Authority: 22 U.S.C. 2651a; 22 U.S.C. 6701
et seq.; Pub. L. 11474, 129 Stat. 584.

Paperwork Reduction Act
PO 00000

22 CFR Part 127

Executive Order 13175

Unfunded Mandates Reform Act of 1995

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New FY 21 max penalties
103.6

Amended
4. In 103.6:
a. In paragraph a1, remove $39,229 and add in its place $39,693; and b. In paragraph a2, remove $7,846 and add in its place $7,939.

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