33 CFR 326.1 - Purpose. | Title 33 - Navigation and Navigable Waters | Code of Federal Regulations

prev | next

§ 326.1

Purpose.

This part prescribes enforcement policies ( § 326.2) and procedures applicable to activities performed without required Department of the Army permits ( § 326.3) and to activities not in compliance with the terms and conditions of issued Department of the Army permits ( § 326.4 ). Procedures for initiating legal actions are prescribed in § 326.5. Nothing contained in this part shall establish a non-discretionary duty on the part of district engineers nor shall deviation from these precedures give rise to a private right of action against a district engineer.

Title 33 published on 2012-07-01

The following are only the Rules published in the Federal Register after the published date of Title 33.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

2013-01-28; vol. 78 # 18 - Monday, January 28, 2013

78 FR 5722 - Civil Monetary Penalty Inflation Adjustment

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-01659
RIN	0710-AA66

DEPARTMENT OF DEFENSE, Department of the Army, Corps of Engineers

Direct final rule.

This rule is effective March 29, 2013 without further notice, unless the Corps receives adverse comment by February 27, 2013. If we receive such adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect.

33 CFR Part 326

Summary

The U.S. Army Corps of Engineers (Corps) is amending its regulations to adjust its Class I civil penalties under the Clean Water Act and the National Fishing Enhancement Act to account for inflation. The adjustment of civil penalties to account for inflation is required by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. Since we have not made any adjustments to our Class I penalties to account for inflation since 2004, we are making a second round of penalty adjustments to account for inflation. Using the adjustment criteria provided in the statute, the Class I civil penalty under the Clean Water Act remains at $11,000 per violation, but the maximum civil penalty increases to $32,500. Under the National Fishing Enhancement Act, the Class I civil penalty remains at $11,000 per violation. Increasing the maximum amount of the Class I civil penalty under the Clean Water Act to account for inflation will maintain the deterrent effects of the penalty.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

USC : Title 28 - JUDICIARY AND JUDICIAL PROCEDURE

§ 2461 note - Mode of recovery

USC : Title 33 - NAVIGATION AND NAVIGABLE WATERS

§ 401 - Construction of bridges, causeways, dams or dikes generally; exemptions

§ 402 - Construction of bridges, etc., over Illinois and Mississippi Canal

§ 403 - Obstruction of navigable waters generally; wharves; piers, etc.; excavations and filling in

§ 403a - Creation or continuance of obstruction of navigable waters

§ 403b - Lighting at docks and boat launching facilities

§ 404 - Establishment of harbor lines; conditions to grants for extension of piers, etc.

§ 405 - Establishment and modification of harbor lines on Potomac and Anacostia Rivers

§ 406 - Penalty for wrongful construction of bridges, piers, etc.; removal of structures

§ 407 - Deposit of refuse in navigable waters generally

§ 407a - Deposit of debris of mines and stamp works

§ 408 - Taking possession of, use of, or injury to harbor or river improvements

§ 409 - Obstruction of navigable waters by vessels; floating timber; marking and removal of sunken vessels

§ 410 - Exception as to floating loose timber, sack rafts, etc.; violation of regulations; penalty

§ 411 - Penalty for wrongful deposit of refuse; use of or injury to harbor improvements, and obstruction of navigable waters generally

§ 412 - Liability of masters, pilots, etc., and of vessels engaged in violations

§ 413 - Duty of United States attorneys and other Federal officers in enforcement of provisions; arrest of offenders

§ 414 - Removal by Secretary of the Army of sunken water craft generally; liability of owner, lessee, or operator

§ 415 - Summary removal of water craft obstructing navigation; liability of owner, lessee, or operator

§ 416 - Appropriations for removal of sunken water craft

§ 417 - Expenses of investigations by Department of the Army

§ 418 - Provisions for protection of New York Harbor unaffected

§ 419 - Regulation by Secretary governing transportation and dumping of dredgings, refuse, etc., into navigable waters; oyster lands; appropriations

§ 419a - Management practices to extend capacity and useful life of dredged material disposal areas

§ 420 - Piers and cribs on Mississippi and St. Croix Rivers

§ 421 - Deposit of refuse, etc., in Lake Michigan near Chicago

§ 422 - Modification and extension of harbor lines at Chicago

§ 423 - Establishment of pierhead and bulkhead lines in Wilmington Harbor, California

§ 424 - Establishment of pierhead or bulkhead lines in Newport Harbor, California

§ 424a - Modification of harbor lines in Newport Harbor, California

§ 425 - Omitted

§ 426 - Investigations concerning erosion of shores of coastal and lake waters

33 USC § 426–1 - Coastal Engineering Research Center; establishment; powers and functions

33 USC § 426–2 - Board on Coastal Engineering Research

33 USC § 426–3 - Transfer of functions of Beach Erosion Board

§ 426a - Additional investigations concerning erosion of shores of coastal and lake waters; payment of costs; “shores” defined

§ 426b - Applicability of existing laws; projects referred to Board of Engineers for Rivers and Harbors

§ 426c - Report by Coastal Engineering Research Center

§ 426d - Payment of expenses

§ 426e - Federal aid in protection of shores

33 USC § 426e–1 - Shore protection projects

§ 426f - Reimbursements

§ 426g - Storm and hurricane restoration and impact minimization program

33 USC § 426g–1 - State and regional plans

§ 426h - Repealed.

33 USC § 426h–1 - Definitions

§ 426i - Shore damage prevention or mitigation

33 USC § 426i–1 - Construction of shoreline protection projects by non-Federal interests

33 USC § 426i–2 - National coastal data bank

§ 426j - Repealed.

§ 426k - Five year demonstration program to temporarily increase diversion of water from Lake Michigan at Chicago, Illinois

33 USC § -

§ 426m - Collection and removal of drift and debris from publicly maintained commercial boat harbors and adjacent land and water areas

§ 426n - Technical assistance to States and local governments; cost sharing

33 USC § -

§ 426p - Corps of Engineers

§ 427 to 430 - Repealed. July 31, 1945, ch. 334,

§ 1319 - Enforcement

§ 1344 - Permits for dredged or fill material

§ 1413 - Dumping permit program for dredged material

§ 2101 - Congressional statement of findings and purpose

§ 2104 - Permits for construction and management of artificial reefs

Title 33 published on 2012-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 33 CFR 326 after this date.

2013-01-28; vol. 78 # 18 - Monday, January 28, 2013

78 FR 5722 - Civil Monetary Penalty Inflation Adjustment

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-01659
RIN	0710-AA66

DEPARTMENT OF DEFENSE, Department of the Army, Corps of Engineers

Direct final rule.

This rule is effective March 29, 2013 without further notice, unless the Corps receives adverse comment by February 27, 2013. If we receive such adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect.

33 CFR Part 326

Summary

The U.S. Army Corps of Engineers (Corps) is amending its regulations to adjust its Class I civil penalties under the Clean Water Act and the National Fishing Enhancement Act to account for inflation. The adjustment of civil penalties to account for inflation is required by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. Since we have not made any adjustments to our Class I penalties to account for inflation since 2004, we are making a second round of penalty adjustments to account for inflation. Using the adjustment criteria provided in the statute, the Class I civil penalty under the Clean Water Act remains at $11,000 per violation, but the maximum civil penalty increases to $32,500. Under the National Fishing Enhancement Act, the Class I civil penalty remains at $11,000 per violation. Increasing the maximum amount of the Class I civil penalty under the Clean Water Act to account for inflation will maintain the deterrent effects of the penalty.

78 FR 5760 - Civil Monetary Penalty Inflation Adjustment

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-01656
RIN	0710-AA66

DEPARTMENT OF DEFENSE, Department of the Army, Corps of Engineers

Proposed rule.

Comments must be received by February 27, 2013.

33 CFR Part 326

Summary

The U.S. Army Corps of Engineers (Corps) is proposing to amend its regulations to adjust its Class I civil penalties under the Clean Water Act and the National Fishing Enhancement Act to account for inflation. The adjustment of civil penalties to account for inflation is required by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. Since we have not made any adjustments to our Class I penalties to account for inflation since 2004, we are proposing to make a second round of penalty adjustments to account for inflation. Using the adjustment criteria provided in the statute, the Class I civil penalty under the Clean Water Act would remain at $11,000 per violation, but the maximum civil penalty would increase to $32,500. Under the National Fishing Enhancement Act, the Class I civil penalty would remain at $11,000 per violation. Increasing the maximum amount of the Class I civil penalty under the Clean Water Act to account for inflation will maintain the deterrent effects of the penalty.

33 CFR 326.1 - Purpose.

CFR Toolbox

Law about... Articles from Wex

Find a Lawyer

Get Involved