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Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Rules and Regulations G. MARAD 2021 Adjustments MARADs 2021 civil penalty adjustments are summarized in the chart below.
Existing penalty
New penalty existing penalty 1.01182

Description
Citation
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 for violations of 46 U.S.C. 31329.
Maximum civil penalty for a single violation of 46 U.S.C. 31329 as it relates to the court sales of documented vessels.
Maximum civil penalty for a single violation of 46 U.S.C. 56101 as it relates to approvals required to transfer a vessel to a noncitizen.
Maximum civil penalty for failure to file an AMVER report
Maximum civil penalty for violating procedures for the use and allocation of shipping services, port facilities and services for national security and national defense operations.
Maximum civil penalty for violations in applying for or renewing a vessels fishery endorsement.

46 U.S.C. 31309

$21,409

$21,662

46 U.S.C. 31330

53,524

54,157

46 U.S.C. 56101e

21,507

21,761

46 U.S.C. 50113b
50 U.S.C. 4513

135
27,051

137
27,371

46 U.S.C. 12151

156,917

158,772

H. Great Lakes St. Lawrence Seaway Development Corporation GLSLDC 2021
Adjustments GLSLDCs 2021 civil penalty adjustment is as follows:
Description
Citation
Maximum civil penalty for each violation of the Seaway Rules and Regulations at 33 CFR part 401.

Regulatory Analysis and Notices A. Executive Order 12866 and DOT
Regulatory Policies and Procedures This final rule has been evaluated in accordance with existing policies and procedures and is considered not significant under Executive Orders 12866 and DOTs Regulatory Policies and Procedures; therefore, the rule has not been reviewed by the Office of Management and Budget OMB under Executive Order 12866.
B. Regulatory Flexibility Analysis
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The Department has determined the Regulatory Flexibility Act of 1980 RFA
5 U.S.C. 601, et seq. does not apply to this rulemaking. The RFA applies, in pertinent part, only when an agency is required . . . to publish general notice of proposed rulemaking. 5 U.S.C.
604a.8 The Small Business Administrations A Guide for Government Agencies: How to Comply 8 Under 5 U.S.C. 603a, the Regulatory Flexibility Act also applies when an agency publishes a notice of proposed rulemaking for an interpretative rule involving the internal revenue laws of the United States. However, this rule does not involve the internal revenue laws of the United States.

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Existing penalty
33 U.S.C. 1232

New penalty existing penalty 1.01764

$95,881

$97,014

with the Regulatory Flexibility Act 2012, explains that:

consultation and funding requirements of Executive Order 13132 do not apply.

If, under the Administrative Procedure Act APA or any rule of general applicability governing federal grants to state and local governments, the agency is required to publish a general notice of proposed rulemaking NPRM, the RFA must be considered citing 5 U.S.C. 604a. . . . If an NPRM is not required, the RFA does not apply.

D. Executive Order 13175

As stated above, DOT has determined that good cause exists to publish this final rule without notice and comment procedures under the APA. Therefore, the analytical requirements of the RFA
do not apply.
C. Executive Order 13132 Federalism This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 Federalism. This regulation has no substantial direct effects on the States, the relationship between the National Government and the States, or the distribution of power and responsibilities among the various levels of government. It does not contain any provision that imposes substantial direct compliance costs on State and local governments. Therefore, the
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This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175, Consultation and Coordination with Indian Tribal Governments.
Because none of the measures in the rule have tribal implications or impose substantial direct compliance costs on Indian tribal governments, the funding and consultation requirements of Executive Order 13175 do not apply.
E. Paperwork Reduction Act Under the Paperwork Reduction Act, before an agency submits a proposed collection of information to OMB for approval, it must publish a document in the Federal Register providing notice of and a 60-day comment period on, and otherwise consult with members of the public and affected agencies concerning, each proposed collection of information.
This final rule imposes no new information reporting or record keeping necessitating clearance by OMB.

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