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Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Rules and Regulations separate violation occurs for each day the violation continues.

PART 383CIVIL PENALTIES
3. The authority citation for part 383
continues to read as follows:

Authority: Sec. 701, Pub. L. 11474, 129
Stat. 584; Sec. 503, Pub. L. 108176, 117 Stat.
2490; Pub. L. 101410, 104 Stat. 890; Sec.
31001, Pub. L. 104134.

4. Section 383.2 is revised to read as follows:

Title 33Navigation and Navigable Waters PART 401SEAWAY REGULATIONS
AND RULES

383.2

Subpart BPenaltiesViolations of Seaway Regulations
Amount of penalty.

Civil penalties payable to the U.S.
Government for violations of Title 49, Chapters 401 through 421, pursuant to 49 U.S.C. 46301a, are as follows:
a A general civil penalty of not more than $35,188 or $1,548 for individuals or small businesses applies to violations of statutory provisions and rules or orders issued under those provisions, other than those listed in paragraph b of this section see 49
U.S.C. 46301a1;
b With respect to small businesses and individuals, notwithstanding the general $1,483 civil penalty, the following civil penalty limits apply:
1 A maximum civil penalty of $14,074 applies for violations of most provisions of Chapter 401, including the anti-discrimination provisions of sections 40127 general provision, and 41705 discrimination against the disabled and rules and orders issued pursuant to those provisions see 49
U.S.C. 46301a5A;
2 A maximum civil penalty of $7,037 applies for violations of section 41719 and rules and orders issued pursuant to that provision see 49 U.S.C.
46301a5C; and 3 A maximum civil penalty of $3,519 applies for violations of section 41712 or consumer protection rules or orders see 49 U.S.C. 46301a5D.
PART 406INVESTIGATIONS, ENFORCEMENT, AND
ADMINISTRATIVE REVIEW
5. The authority citation for part 406
continues to read as follows:

Authority: 51 U.S.C. 5090150923.

6. Amend 406.9 by revising paragraph a to read as follows:

jbell on DSKJLSW7X2PROD with RULES

406.9

Civil penalties.

a Civil penalty liability. Under 51
U.S.C. 50917c, a person found by the FAA to have violated a requirement of the Act, a regulation issued under the Act, or any term or condition of a license or permit issued or transferred under the Act, is liable to the United States for a civil penalty of not more than $247,280 for each violation. A

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307.19

23251

Penalties.

The owner or operator of a vessel in the waterborne foreign commerce of the United States is subject to a penalty of $137.00 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.

8. Amend 401.102 by revising paragraph a to read as follows:

PART 340PRIORITY USE AND
ALLOCATION OF SHIPPING
SERVICES, CONTAINERS AND
CHASSIS, AND PORT FACILITIES AND
SERVICES FOR NATIONAL SECURITY
AND NATIONAL DEFENSE RELATED
OPERATIONS

401.102

7. The authority citation for subpart B
of part 401 is revised to read as follows:

Authority: 33 U.S.C. 981990, 1231 and 1232, 49 CFR 1.52, unless otherwise noted.

Civil penalty.

a A person, as described in 401.101b who violates a regulation in this chapter is liable to a civil penalty of not more than $97,014.

Title 46Shipping
9. The authority citation for part 221
continues to read as follows:

Authority: 46 U.S.C. chs. 301, 313, and 561; Pub. L. 11474; 49 CFR 1.93.

10. Section 221.61b is revised to read as follows:

Compliance.

b Pursuant to 46 U.S.C. 31309, a general penalty of not more than $21,662 may be assessed for each violation of chapter 313 or 46 U.S.C.
subtitle III administered by the Maritime Administration, and pursuant to the regulations in this part a person violating 46 U.S.C. 31329 is liable for a civil penalty of not more than $54,157
for each violation. A person who charters, sells, transfers or mortgages a vessel, or an interest therein, in violation of 46 U.S.C. 56101e is liable for a civil penalty of not more than $21,761 for each violation.
PART 307ESTABLISHMENT OF
MANDATORY POSITION REPORTING
SYSTEM FOR VESSELS
11. The authority citation for part 307
continues to read as follows:

Authority: Pub. L. 109304; 46 U.S.C.
50113; Pub. L. 11474; 49 CFR 1.93.

12. Section 307.19 is revised to read as follows:

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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. 11474; 49 CFR 1.45;
49 CFR 1.93l.

14. Section 340.9 is revised to read as follows:

PART 221REGULATED
TRANSACTIONS INVOLVING
DOCUMENTED VESSELS AND OTHER
MARITIME INTERESTS

221.61

13. The authority citation for part 340
continues to read as follows:

Sfmt 4700

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 part shall, upon conviction, be fined not more than $27,371 or imprisoned for not more than one year, or both.
PART 356REQUIREMENTS FOR
VESSELS OF 100 FEET OR GREATER
IN REGISTERED LENGTH TO OBTAIN
A FISHERY ENDORSEMENT TO THE
VESSELS DOCUMENTATION
15. The authority citation for 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. 105277, division C, title II, subtitle I, section 203 46
U.S.C. 12102 note, section 210e, and section 213g, 112 Stat. 2681; Pub. L. 107
20, section 2202, 115 Stat. 168170; Pub. L.
11474; 49 CFR 1.93.

16. Amend 356.49 by revising paragraph b to read as follows:

356.49

Penalties.

b A fine of up to $158,772 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 MagnusonStevens Fishery Conservation and Management Act 16 U.S.C. 1802
within the exclusive economic zone of the United States; and

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