Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Rules and Regulations 37249 

PART 326—ENFORCEMENT 

■ 3. The authority citation for part 326 

continues to read as follows: 

Authority: 33 U.S.C. 401 et seq.; 33 U.S.C. 

1344; 33 U.S.C. 1413; 33 U.S.C. 2104; 33 

U.S.C. 1319; 28 U.S.C. 2461 note. 

■ 4. Amend § 326.6 by revising 

paragraph (a)(1) to read as follows: 

§ 326.6 Class I administrative penalties. 

(a) * * * 

(1) This section sets forth procedures 

for initiation and administration of 

Class I administrative penalty orders 

under Section 309(g) of the Clean Water 

Act, judicially-imposed civil penalties 

under Section 404(s) of the Clean Water 

Act, and Section 205 of the National 

Fishing Enhancement Act. Under 

Section 309(g)(2)(A) of the Clean Water 

Act, Class I civil penalties may not 

exceed $22,585 per violation, except 

that the maximum amount of any Class 

I civil penalty shall not exceed $56,461. 

Under Section 404(s)(4) of the Clean 

Water Act, judicially-imposed civil 

penalties may not exceed $56,461 per 

day for each violation. Under Section 

205(e) of the National Fishing 

Enhancement Act, penalties for 

violations of permits issued in 

accordance with that Act shall not 

exceed $24,730 for each violation. 

TABLE 1 TO PARAGRAPH (a)(1) 

Environmental statute and U.S. code citation 

Statutory civil monetary penalty amount for violations 

that occurred after November 2, 2015, and are 

assessed on or after 7/15/2021 

Clean Water Act (CWA), Section 309(g)(2)(A), 33 U.S.C. 1319(g)(2)(A) ......................... $22,585 per violation, with a maximum of $56,461. 

CWA, Section 404(s)(4), 33 U.S.C. 1344(s)(4) ................................................................. Maximum of $56,461 per day for each violation. 

National Fishing Enhancement Act, Section 205(e), 33 U.S.C. 2104(e) .......................... Maximum of $24,730 per violation. 

* * * * * 

[FR Doc. 2021–14716 Filed 7–14–21; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 274 

RIN 0710–AB37 

Pest Control Program for Civil Works 

Projects 

AGENCY: U.S. Army Corps of Engineers, 

Department of Defense. 

ACTION: Final rule. 

SUMMARY: This final rule removes the 

U.S. Army Corps of Engineers (USACE) 

part titled, ‘‘Pest Control Program for 

Civil Works Projects.’’ This part is 

redundant and otherwise covers internal 

agency operations that have no public 

compliance component or adverse 

public impact. Therefore, this part can 

be removed from the Code of Federal 

Regulations (CFR). 

DATES: This rule is effective on July 15, 

2021. 

ADDRESSES: Department of the Army, 

U.S. Army Corps of Engineers, ATTN: 

CECW–P (Mr. Jeremy Crossland), 441 G 

Street NW, Washington, DC 20314– 

1000. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jeremy Crossland at (202) 761–4259 or 

by email at Jeremy.M.Crossland@

usace.army.mil. 

SUPPLEMENTARY INFORMATION: This final 

rule removes from the Code of Federal 

Regulations 33 CFR part 274 titled, 

‘‘Pest Control Program for Civil Works 

Projects,’’ which assigns responsibilities 

and prescribes procedures concerning 

the use of chemicals in the USACE pest 

control program at Civil Works projects 

under the authority of Public Law 92– 

516, as amended, Federal Insecticide, 

Fungicide and Rodenticide ACT 

(FIFRA), 7 U.S.C. 136 et seq.,which 

among other things, transferred 

responsibility of pesticide regulation 

from the Department of Agriculture to 

the Environmental Protection Agency. 

This rule was initially published on 

August 15, 1977 (42 FR 41118). While 

the rule applies only to the Corps’ Pest 

Control Program, it was published, at 

that time, in the Federal Register to aid 

public accessibility. 

The solicitation of public comment 

for this removal is unnecessary because 

the rule is out-of-date, duplicative of 

existing internal agency guidance, and 

otherwise covers internal agency 

operations that have no public 

compliance component or adverse 

public impact. For current public 

accessibility purposes, updated internal 

agency policy on this topic may be 

found in Engineer Regulation 1130–2– 

540, ‘‘Environmental Stewardship 

Operations and Maintenance Guidance 

and Procedures’’ (available at https://

www.publications.usace.army.mil/ 

Portals/76/Publications/Engineer

Regulations/ER_1130-2-540.pdf) The 

agency policy is only applicable to field 

operating activities having 

responsibility for the Pest Control 

Program and provides guidance specific 

to the Corps’ use of chemicals at Civil 

Works projects. 

This rule removal is being conducted 

to reduce confusion for the public as 

well as for the Corps regarding the 

current policy which governs the Corps’ 

Pest Control Program. Because the 

regulation does not place a burden on 

the public, its removal does not provide 

a reduction in public burden or costs. 

This rule is not significant under 

Executive Order 12866, ‘‘Regulatory 

Planning and Review.’’ 

List of Subjects in 33 CFR Part 274 

Pesticides and pests, Water resources. 

PART 274 [REMOVED] 

■ Accordingly, under the authority of 5 

U.S.C. 301, the Army Corps of Engineers 

removes 33 CFR part 274. 

Dated: July 1, 2021. 

Jaime A. Pinkham, 

Acting Assistant Secretary of the Army (Civil 

Works). 

[FR Doc. 2021–14721 Filed 7–14–21; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 210505–0101] RTID 0648–XB196 

Fisheries Off West Coast States; 

Modification of the West Coast 

Commercial Salmon Fisheries; 

Inseason Action #18 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Inseason modification of 2021 

management measures. 

SUMMARY: NMFS announces an inseason 

action in the 2021 ocean salmon 

fisheries. This inseason action modifies 


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