82 FR 57331 - Inflation Catch-Up Adjustment of Civil Monetary Penalty Amounts
DEPARTMENT OF AGRICULTURE
Office of the Secretary Federal Register Volume 82, Issue 232 (December 5, 2017)
Office of the Secretary
Federal Register Volume 82, Issue 232 (December 5, 2017)
| Page Range | 57331-57336 | |
| FR Document | 2017-26194 |
[Federal Register Volume 82, Number 232 (Tuesday, December 5, 2017)] [Rules and Regulations] [Pages 57331-57336] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26194] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. ======================================================================== Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Rules and Regulations [[Page 57331]] DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 3 RIN 0510-AA04 Inflation Catch-Up Adjustment of Civil Monetary Penalty Amounts AGENCY: Office of the Secretary, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule amends USDA's civil monetary penalty regulations by making inflation adjustments as mandated by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. USDA also removes one obsolete civil monetary penalty (CMP) regulation previously authorized under a statute that is no longer current law. DATES: Effective December 5, 2017. FOR FURTHER INFORMATION CONTACT: Heather Self, Esq., OGC, USDA, Room 3311-S, 1400 Independence Avenue SW., Washington, DC 20250-1400, (202) 720-5840. SUPPLEMENTARY INFORMATION: I. Background On November 2, 2015, the President signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act), which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (the Inflation Adjustment Act), to improve the effectiveness of CMPs and to maintain their deterrent effect. The 2015 Act requires agencies to: (1) Adjust the level of CMPs with an initial ``catch-up'' adjustment through a final rulemaking (FR); and (2) Make subsequent annual adjustments for inflation. Previously, the Inflation Adjustment Act required agencies to adjust CMP levels every 4 years based on the percentage by which the Consumer Price Index (CPI) for the month of June of the prior calendar year exceeded the CPI for the month of June of the calendar year during which the last adjustment was made. The Inflation Adjustment Act also capped the increase for each adjustment at 10 percent and rounded the adjustment based on the size of the penalty (for example, multiple of $10 in the case of penalties less than or equal to $100). The rounding process meant that penalties would often not be increased at all if the inflation factor was not large enough. Furthermore, the cap on increases of 10 percent in tandem with the rounding meant that the formula over time caused penalties to lose value relative to total inflation. The 2015 Act updates these requirements by prescribing that agencies make annual adjustments for inflation based on the CPI for the month of October and round to the nearest dollar after an initial adjustment. In order to eliminate the inconsistent changes caused by the prior method, the 2015 Act resets the inflation adjustment by excluding prior inflationary adjustments under the Inflation Adjustment Act, which contributed to a decline in the real value of penalty levels. To do this, the 2015 Act provides that the initial adjustment will be the percentage by which the CPI for the month of October 2015 exceeds that of the month of October of the calendar year during which the amount of the CMP was originally established or otherwise adjusted under a provision of law other than the Inflation Adjustment Act. While the 2015 Act does not provide a cap on adjustments going forward, the initial adjustment under the 2015 Act does limit large CMP increases by providing that no initial adjustments may exceed 150 percent of the amount of the CMP as of the date the 2015 Act was enacted, November 2, 2015. Lastly, the 2015 Act requires that agencies publish a final rule with the initial adjustment by July 1, 2016, and have the adjustments take effect no later than August 1, 2016. The initial adjustment under the 2015 Act also provides that, following public comment, the head of an agency may reduce the required increase if the agency head determines that the increase will have a negative economic impact or the social costs of the increase outweigh the benefits and the Director of the Office of Management and Budget concurs. II. CMPs Affected by This Final Rule Several USDA agencies administer laws that provide for the imposition of CMPs being adjusted by this final rule. Those agencies are: (1) Agricultural Marketing Service; (2) Animal and Plant Health Inspection Service; (3) Food and Nutrition Service; (4) Food Safety and Inspection Service; (5) Forest Service; (6) Grain Inspection, Packers and Stockyards Administration; (7) Federal Crop Insurance Corporation; (8) Rural Housing Service, (9) Farm Service Agency, (10) Commodity Credit Corporation, and (11) Office of the Secretary. The CMPs in this final rule are listed according to the applicable administering agency. III. Waiver of Proposed Rulemaking In developing this final rule, we are waiving the usual notice of proposed rulemaking and public comment procedures contained in 5 U.S.C. 553. We have determined that, under 5 U.S.C. 553(b)(3)(B), good cause exists for dispensing with the notice of proposed rulemaking and public comment procedures for this rule. Specifically the rulemaking comports with and is consistent with the statutory authority required by Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, as amended, with no issue of policy discretion. Accordingly, we have determined that opportunity for prior comment is unnecessary and contrary to the public interest, and we are issuing this revised regulation as a final rule that will apply to all future cases. IV. Procedural Requirements Executive Order 12866 The Office of Management and Budget (OMB) has reviewed this regulatory action in accordance with the provisions of Executive Order 12866, Regulatory Planning and Review, and has determined that it does not meet the criteria for significant regulatory action. Additionally, because this rule does not meet the definition of a significant [[Page 57332]] regulatory action, it does not trigger the requirements contained in Executive Order 13771. See OMB's Memorandum titled ``Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017, titled `Reducing Regulation and Controlling Regulatory Costs' '' (February 2, 2017). As indicated above, the provisions of this final rulemaking contain inflation adjustments in compliance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The great majority of individuals, organizations, and entities affected participating in the programs affected by this regulation do not engage in prohibited activities and practices that would result in civil monetary penalties being incurred. Accordingly, we believe that any aggregate economic impact of this revised regulation will be minimal, affecting only the limited number of program participants that may engage in prohibited behavior in violation of the statutes. Regulatory Flexibility Act The provisions of the Regulatory Flexibility Act relating to an initial and final regulatory flexibility analysis (5 U.S.C. 603, 604) are not applicable to this final rule because USDA was not required to publish notice of proposed rulemaking under 5 U.S.C. 553 or any other law. Accordingly, a regulatory flexibility analysis is not required. Paperwork Reduction Act This final rule imposes no new reporting or recordkeeping requirements necessitating clearance by OMB. List of Subjects in 7 CFR Part 3 Administrative practice and procedure, Debt management, Penalties. For the reasons set forth in the preamble, USDA amends 7 CFR part 3 as follows: PART 3--DEBT MANAGEMENT Subpart I--Adjusted Civil Monetary Penalties 0 1. The authority citation for subpart I continues to read as follows: Authority: 28 U.S.C. 2461 note. 0 2. Revise Sec. 3.91(a)(1), (2) and (b) to read as follows: Sec. 3.91 Adjusted civil monetary penalties. (a) * * * (1) Adjustments. The Secretary will adjust the civil monetary penalties, listed in paragraph (b) of this section, to take account of inflation as mandated by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, as amended. (2) Timing. Any increase in the dollar amount of a civil monetary penalty listed in paragraph (b) of this section applies only to violations occurring after December 5, 2017. * * * * * (b) Penalties.--(1) Agricultural Marketing Service--(i) Civil penalty for improper recordkeeping, codified at 7 U.S.C. 136i-1(d), has: A maximum of $905 in the case of the first offense, and a minimum of $1,759 in the case of subsequent offenses, except that the penalty will be less than $1,759 if the Secretary determines that the person made a good faith effort to comply. (ii) Civil penalty for a violation of the unfair conduct rule under the Perishable Agricultural Commodities Act, in lieu of license revocation or suspension, codified at 7 U.S.C. 499b(5), has a maximum of $4,928. (iii) Civil penalty for violation of the licensing requirements under the Perishable Agricultural Commodities Act, codified at 7 U.S.C. 499c(a), has a maximum of $1,573 for each such offense and not more than $393 for each day it continues, or a maximum of $393 for each offense if the Secretary determines the violation was not willful. (iv) Civil penalty in lieu of license suspension under the Perishable Agricultural Commodities Act, codified at 7 U.S.C. 499h(e), has a maximum penalty of $3,145 for each violative transaction or each day the violation continues. (v) Civil penalty for a violation of the Export Apple Act, codified at 7 U.S.C. 586, has a minimum of $144 and a maximum of $14,372. (vi) Civil penalty for a violation of the Export Grape and Plum Act, codified at 7 U.S.C. 596, has a minimum of $275 and a maximum of $27,500. (vii) Civil penalty for a violation of an order issued by the Secretary under the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, codified at 7 U.S.C. 608c(14)(B), has a maximum of $2,750. Each day the violation continues is a separate violation. (viii) Civil penalty for failure to file certain reports under the Agricultural Adjustment Act, reenacted by the Agricultural Marketing Agreement Act of 1937, codified at 7 U.S.C. 610(c), has a maximum of $275. (ix) Civil penalty for a violation of a seed program under the Federal Seed Act, codified at 7 U.S.C. 1596(b), has a minimum of $94 and a maximum of $1,875. (x) Civil penalty for failure to collect any assessment or fee for a violation of the Cotton Research and Promotion Act, codified at 7 U.S.C. 2112(b), has a maximum of $2,750. (xi) Civil penalty for failure to pay, collect, or remit any assessment or fee for a violation of a program under the Potato Research and Promotion Act, codified at 7 U.S.C. 2621(b)(1), has a minimum of $1,232 and a maximum of $12,319. (xii) Civil penalty for failure to obey a cease and desist order under the Potato Research and Promotion Act, codified at 7 U.S.C. 2621(b)(3), has a maximum of $1,232. Each day the violation continues is a separate violation. (xiii) Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Egg Research and Consumer Information Act, codified at 7 U.S.C. 2714(b)(1), has a minimum of $1,425 and a maximum of $14,023. (xiv) Civil penalty for failure to obey a cease and desist order under the Egg Research and Consumer Information Act, codified at 7 U.S.C. 2714(b)(3), has a maximum of $1,425. Each day the violation continues is a separate violation. (xv) Civil penalty for failure to remit any assessment or fee or for a violation of a program under the Beef Research and Information Act, codified at 7 U.S.C. 2908(a)(2), has a maximum of $11,119. (xvi) Civil penalty for failure to remit any assessment or for a violation of a program regarding wheat and wheat foods research, codified at 7 U.S.C. 3410(b), has a maximum of $2,750. (xvii) Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Floral Research and Consumer Information Act, codified at 7 U.S.C. 4314(b)(1), has a minimum of $1,294 and a maximum of $12,941. (xviii) Civil penalty for failure to obey a cease and desist order under the Floral Research and Consumer Information Act, codified at 7 U.S.C. 4314(b)(3), has a maximum of $1,294. Each day the violation continues is a separate violation. (xix) Civil penalty for violation of an order under the Dairy Promotion Program, codified at 7 U.S.C. 4510(b), has a maximum of $2,393. (xx) Civil penalty for pay, collect, or remit any assessment or fee or for a violation of the Honey Research, Promotion, and Consumer Information Act, codified at 7 U.S.C. 4610(b)(1), has a minimum of $737 and a maximum of $7,370. [[Page 57333]] (xxi) Civil penalty for failure to obey a cease and desist order under the Honey Research, Promotion, and Consumer Information Act, codified at 7 U.S.C. 4610(b)(3), has a maximum of $737. Each day the violation continues is a separate violation. (xxii) Civil penalty for a violation of a program under the Pork Promotion, Research, and Consumer Information Act of 1985, codified at 7 U.S.C. 4815(b)(1)(A)(i), has a maximum of $2,224. (xxiii) Civil penalty for failure to obey a cease and desist order under the Pork Promotion, Research, and Consumer Information Act of 1985, codified at 7 U.S.C. 4815(b)(3)(A), has a maximum of $1,112. Each day the violation continues is a separate violation. (xxiv) Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Watermelon Research and Promotion Act, codified at 7 U.S.C. 4910(b)(1), has a minimum of $1,112 and a maximum of $11,119. (xxv) Civil penalty for failure to obey a cease and desist order under the Watermelon Research and Promotion Act, codified at 7 U.S.C. 4910(b)(3), has a maximum of $1,112. Each day the violation continues is a separate violation. (xxvi) Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Pecan Promotion and Research Act of 1990, codified at 7 U.S.C. 6009(c)(1), has a minimum of $1,811 and a maximum of $18,107. (xxvii) Civil penalty for failure to obey a cease and desist order under the Pecan Promotion and Research Act of 1990, codified at 7 U.S.C. 6009(e), has a maximum of $1,811. (xxviii) Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Mushroom Promotion, Research, and Consumer Information Act of 1990, codified at 7 U.S.C. 6107(c)(1), has a minimum of $880 and a maximum of $8,797. (xxix) Civil penalty for failure to obey a cease and desist order under the Mushroom Promotion, Research, and Consumer Information Act of 1990, codified at 7 U.S.C. 6107(e), has a maximum of $880. Each day the violation continues is a separate violation. (xxx) Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of the Lime Research, Promotion, and Consumer Information Act of 1990, codified at 7 U.S.C. 6207(c)(1), has a minimum of $880 and a maximum of $8,797. (xxxi) Civil penalty for failure to obey a cease and desist order under the Lime Research, Promotion, and Consumer Information Act of 1990, codified at 7 U.S.C. 6207(e), has a maximum of $880. Each day the violation continues is a separate violation. (xxxii) Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Soybean Promotion, Research, and Consumer Information Act, codified a 7 U.S.C. 6307(c)(1)(A), has a maximum of $1,811. (xxxiii) Civil penalty for failure to obey a cease and desist order under the Soybean Promotion, Research, and Consumer Information Act, codified at 7 U.S.C. 6307(e), has a maximum of $9,054. Each day the violation continues is a separate violation. (xxxiv) Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Fluid Milk Promotion Act of 1990, codified at 7 U.S.C. 6411(c)(1)(A), has a minimum of $880 and a maximum of $8,797, or in the case of a violation that is willful, codified at 7 U.S.C. 6411(c)(1)(B), has a minimum of $17,593 and a maximum of $175,931. (xxxv) Civil penalty for failure to obey a cease and desist order under the Fluid Milk Promotion Act of 1990, codified at 7 U.S.C. 6411(e), has a maximum of $9,054. Each day the violation continues is a separate violation. (xxxvi) Civil penalty for knowingly labeling or selling a product as organic except in accordance with the Organic Foods Production Act of 1990, codified at 7 U.S.C. 6519(c), has a maximum of $17,593. (xxxvii) Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993, codified at 7 U.S.C. 6808(c)(1)(A)(i), has a minimum of $830 and a maximum of $8,295. (xxxviii) Civil penalty for failure to obey a cease and desist order under the Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993, codified at 7 U.S.C. 6808(e)(1), has a maximum of $8,295. Each day the violation continues is a separate violation. (xxxix) Civil penalty for a violation of a program under the Sheep Promotion, Research, and Information Act of 1994, codified at 7 U.S.C. 7107(c)(1)(A), has a maximum of $1,617. (xl) Civil penalty for failure to obey a cease and desist order under the Sheep Promotion, Research, and Information Act of 1994, codified at 7 U.S.C. 7107(e), has a maximum of $808. Each day the violation continues is a separate violation. (xli) Civil penalty for a violation of an order or regulation issued under the Commodity Promotion, Research, and Information Act of 1996, codified at 7 U.S.C. 7419(c)(1), has a minimum of $1,527 and a maximum of $15,270 for each violation. (xlii) Civil penalty for failure to obey a cease and desist order under the Commodity Promotion, Research, and Information Act of 1996, codified at 7 U.S.C. 7419(e), has a minimum of $1,527 and a maximum of $15,270. Each day the violation continues is a separate violation. (xliii) Civil penalty for a violation of an order or regulation issued under the Canola and Rapeseed Research, Promotion, and Consumer Information Act, codified at 7 U.S.C. 7448(c)(1)(A)(i), has a maximum of $1,527 for each violation. (xliv) Civil penalty for failure to obey a cease and desist order under the Canola and Rapeseed Research, Promotion, and Consumer Information Act, codified at 7 U.S.C. 7448(e), has a maximum of $7,635. Each day the violation continues is a separate violation. (xlv) Civil penalty for violation of an order or regulation issued under the National Kiwifruit Research, Promotion, and Consumer Information Act, codified at 7 U.S.C. 7468(c)(1), has a minimum of $764 and a maximum of $7,635 for each violation. (xlvi) Civil penalty for failure to obey a cease and desist order under the National Kiwifruit Research, Promotion, and Consumer Information Act, codified at 7 U.S.C. 7468(e), has a maximum of $764. Each day the violation continues is a separate violation. (xlvii) Civil penalty for a violation of an order or regulation under the Popcorn Promotion, Research, and Consumer Information Act, codified at 7 U.S.C. 7487(a), has a maximum of $1,527 for each violation. (xlviii) Civil penalty for certain violations under the Egg Products Inspection Act, codified at 21 U.S.C. 1041(c)(1)(A), has a maximum of $8,797 for each violation. (xlix) Civil penalty for violation of an order or regulation issued under the Hass Avocado Promotion, Research, and Information Act of 2000, codified at 7 U.S.C. 7807(c)(1)(A)(i), has a minimum of $1,389 and a maximum of $13,893 for each violation. (l) Civil penalty for failure to obey a cease and desist order under the Hass Avocado Promotion, Research, and Information Act of 2000, codified at 7 U.S.C. 7807(e)(1), has a maximum of [[Page 57334]] $13,893 for each offense. Each day the violation continues is a separate violation. (li) Civil penalty for violation of certain provisions of the Livestock Mandatory Reporting Act of 1999, codified a 7 U.S.C. 1636b(a)(1), has a maximum of $14,372 for each violation. (lii) Civil penalty for failure to obey a cease and desist order under the Livestock Mandatory Reporting Act of 1999, codified a 7 U.S.C. 1636b(g)(3), has a maximum of $14,372 for each violation. Each day the violation continues is a separate violation. (liii) Civil penalty for failure to obey an order of the Secretary issued pursuant to the Dairy Product Mandatory Reporting program, codified at 7 U.S.C. 1637b(c)(4)(D)(iii), has a maximum of $13,893 for each offense. (liv) Civil penalty for a willful violation of the Country of Origin Labeling program by a retailer or person engaged in the business of supplying a covered commodity to a retailer, codified at 7 U.S.C. 1638b(b)(2), has a maximum of $1,116 for each violation. (lv) Civil penalty for violations of the Dairy Research Program, codified at 7 U.S.C. 4535 & 4510(b), has a maximum of $2,393 for each violation. (2) Animal and Plant Health Inspection Service--(i) Civil penalty for a violation of the imported seed provisions of the Federal Seed Act, codified at 7 U.S.C. 1596(b), has a minimum of $94 and a maximum of $1,875. (ii) Civil penalty for a violation of the Animal Welfare Act, codified at 7 U.S.C. 2149(b), has a maximum of $11,162, and knowing failure to obey a cease and desist order has a civil penalty of $1,674. (iii) Civil penalty for any person that causes harm to, or interferes with, an animal used for the purposes of official inspection by the Department, codified at 7 U.S.C. 2279e(a), has a maximum of $13,893. (iv) Civil penalty for a violation of the Swine Health Protection Act, codified at 7 U.S.C. 3805(a), has a maximum of $27,500. (v) Civil penalty for any person that violates the Plant Protection Act (PPA), or that forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided for in the PPA, codified a 7 U.S.C. 7734(b)(1), has a maximum of the greater of: $69,463 in the case of any individual (except that the civil penalty may not exceed $1,389 in the case of an initial violation of the PPA by an individual moving regulated articles not for monetary gain), $347,313 in the case of any other person for each violation, $558,078 for all violations adjudicated in a single proceeding if the violations do not include a willful violation, and $1,116,156 for all violations adjudicated in a single proceeding if the violations include a willful violation; or twice the gross gain or gross loss for any violation, forgery, counterfeiting, unauthorized us, defacing, or destruction of a certificate, permit, or other document provided for in the PPA that results in the person deriving pecuniary gain or causing pecuniary loss to another. (vi) Civil penalty for any person (except as provided in 7 U.S.C. 8309(d)) that violates the Animal Health Protection Act (AHPA), or that forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided under the AHPA, codified at 7 U.S.C. 8313(b)(1), has a maximum of the greater of: $66,666 in the case of any individual, except that the civil penalty may not exceed $1,333 in the case of an initial violation of the AHPA by an individual moving regulated articles not for monetary gain, $333,328 in the case of any other person for each violation, $558,078 for all violations adjudicated in a single proceeding if the violations do not include a willful violation, and $1,116,156 for all violations adjudicated in a single proceeding if the violations include a willful violation; or twice the gross gain or gross loss for any violation, forgery, counterfeiting, unauthorized use, defacing, or destruction of a certificate, permit, or other document provided under the AHPA that results in the person's deriving pecuniary gain or causing pecuniary loss to another person. (vii) Civil penalty for any person that violates certain regulations under the Agricultural Bioterrorism Protection Act of 2002 regarding transfers of listed agents and toxins or possession and use of listed agents and toxins, codified at 7 U.S.C. 8401(i)(1), has a maximum of $333,328 in the case of an individual and $666,656 in the case of any other person. (viii) Civil penalty for violation of the Horse Protection Act, codified at 15 U.S.C. 1825(b)(1), has a maximum of $5,500. (ix) Civil penalty for failure to obey Horse Protection Act disqualification, codified at 15 U.S.C. 1825(c), has a maximum of $10,750. (x) Civil penalty for knowingly violating, or, if in the business as an importer or exporter, violating, with respect to terrestrial plants, any provision of the Endangered Species Act of 1973, any permit or certificate issued thereunder, or any regulation issued pursuant to section 9(a)(1)(A) through (F), (a)(2)(A) through (D), (c), (d) (other than regulations relating to record keeping or filing reports), (f), or (g) of the Endangered Species Act of 1973 (16 U.S.C. 1538(a)(1)(A) through (F), (a)(2)(A) through (D), (c), (d), (f), and (g)), as set forth at 16 U.S.C. 1540(a), has a maximum of $50,277. (xi) Civil penalty for knowingly violating, or, if in the business as an importer or exporter, violating, with respect to terrestrial plants, any other regulation under the Endangered Species Act of 1973, as set forth at 16 U.S.C. 1540(a), has a maximum of $24,133. (xii) Civil penalty for violation, with respect to terrestrial plants, of the Endangered Species Act of 1973, or any regulation, permit, or certificate issued thereunder, as set forth at 16 U.S.C. 1540(a), has a maximum of $1,801. (xiii) Civil penalty for knowingly and willfully violating 49 U.S.C. 80502 with respect to the transportation of animals by any rail carrier, express carrier, or common carrier (except by air or water), a receiver, trustee, or lessee of one of those carriers, or an owner or master of a vessel, codified at 49 U.S.C. 80502(d), has a minimum of $162 and a maximum of $808. (xiv) Civil penalty for a violation of the Commercial Transportation of Equine for Slaughter Act, 7 U.S.C. 1901 note, and its implementing regulations in 9 CFR part 88, as set forth in 9 CFR 88.6, has a maximum of $5000. Each horse transported in violation of Part 88 is a separate violation. (3) Food and Nutrition Service--(i) Civil penalty for violating a provision of the Food and Nutrition Act of 2008 (Act), or a regulation under the Act, by a retail food store or wholesale food concern, codified at 7 U.S.C. 2021(a) and (c), has a maximum of $111,616 for each violation. (ii) Civil penalty for trafficking in food coupons, codified at 7 U.S.C. 2021(b)(3)(B), has a maximum of $39,574 for each violation, except that the maximum penalty for violations occurring during a single investigation is $71,262. (iii) Civil penalty for the sale of firearms, ammunitions, explosives, or controlled substances for coupons, codified at 7 U.S.C. 2021(b)(3)(C), has a maximum of $40,221 for each violation, except that the maximum penalty for violations occurring during a single investigation is $72,428. (iv) Civil penalty for any entity that submits a bid to supply infant formula to carry out the Special Supplemental Nutrition Program for Women, Infants [[Page 57335]] and Children and discloses the amount of the bid, rebate, or discount practices in advance of the bid opening or for any entity that makes a statement prior to the opening of bids for the purpose of influencing a bid, codified at 42 U.S.C. 1786(h)(8)(H)(i), has a maximum of $170,472,030. (v) Civil penalty for a vendor convicted of trafficking in food instruments, codified at 42 U.S.C. 1786(o)(1)(A) and 42 U.S.C. 1786(o)(4)(B), has a maximum of $14,740 for each violation, except that the maximum penalty for violations occurring during a single investigation is $58,958. (vi) Civil penalty for a vendor convicted of selling firearms, ammunition, explosive, or controlled substances in exchange for food instruments, codified at 42 U.S.C. 1786(o)(1)(B) and 42 U.S.C. 1786(o)(4)(B), has a maximum of $14,740 for each violation, except that the maximum penalty for violations occurring during a single investigation is $58,958. (4) Food Safety and Inspection Service--(i) Civil penalty for certain violations under the Egg Products Inspection Act, codified at 21 U.S.C. 1041(c)(1)(A), has a maximum of $8,797 for each violation. (ii) [Reserved] (5) Forest Service--(i) Civil penalty for willful disregard of the prohibition against the export of unprocessed timber originating from Federal lands, codified at 16 U.S.C. 620d(c)(1)(A), has a maximum of $905,353 per violation or three times the gross value of the unprocessed timber, whichever is greater. (ii) Civil penalty for a violation in disregard of the Forest Resources Conservation and Shortage Relief Act or the regulations that implement such Act regardless of whether such violation caused the export of unprocessed timber originating from Federal lands, codified at 16 U.S.C. 620d(c)(2)(A)(i), has a maximum of $135,803 per violation. (iii) Civil penalty for a person that should have known that an action was a violation of the Forest Resources Conservation and Shortage Relief Act or the regulations that implement such Act regardless of whether such violation caused the export of unprocessed timber originating from Federal lands, codified at 16 U.S.C. 620d(c)(2)(A)(ii), has a maximum of $90,535 per violation. (iv) Civil penalty for a willful violation of the Forest Resources Conservation and Shortage Relief Act or the regulations that implement such Act regardless of whether such violation caused the export of unprocessed timber originating from Federal lands, codified at 16 U.S.C. 620d(c)(2)(A)(iii), has a maximum of $905,353. (v) Civil penalty for a violation involving protections of caves, codified at 16 U.S. C. 4307(a)(2), has a maximum of $19,787. (6) Grain Inspection, Packers and Stockyards Administration--(i) Civil penalty for a packer or swine contractor violation, codified at 7 U.S.C. 193(b), has a maximum of $27,500. (ii) Civil penalty for a livestock market agency or dealer failure to register, codified at 7 U.S.C. 203, has a maximum of $1,875 and not more than $94 for each day the violation continues. (iii) Civil penalty for operating without filing, or in violation of, a stockyard rate schedule, or of a regulation or order of the Secretary made thereunder, codified at 7 U.S.C. 207(g), has a maximum of $1,875 and not more than $94 for each day the violation continues. (iv) Civil penalty for a stockyard owner, livestock market agency, and dealer violation, codified at 7 U.S.C. 213(b), has a maximum of $27,500. (v) Civil penalty for a stockyard owner, livestock market agency, and dealer compliance order, codified at 7 U.S.C. 215(a), has a maximum of $1,875. (vi) Civil penalty for live poultry dealer violations, codified at 7 U.S.C. 228b-2(b), has a maximum of $80,000. (vii) Civil penalty for a violation, codified at 7 U.S.C. 86(c), has a maximum of $268,750. (7) Federal Crop Insurance Corporation--(i) Civil penalty for any person who willfully and intentionally provides any false or inaccurate information to the Federal Crop Insurance Corporation or to an approved insurance provider with respect to any insurance plan or policy that is offered under the authority of the Federal Crop Insurance Act, or who fails to comply with a requirement of the Federal Crop Insurance Corporation, codified at 7 U.S.C. 1515(h)(3)(A), has a maximum of the greater of: The amount of the pecuniary gain obtained as a result of the false or inaccurate information or the noncompliance; or $11,744. (ii) [Reserved] (8) Rural Housing Service--(i) Civil penalty for a violation of section 536 of Title V of the Housing Act of 1949, codified at 42 U.S.C. 1490p(e)(2), has a maximum of $192,459 in the case of an individual, and a maximum of $1,924,589 in the case of an applicant other than an individual. (ii) Civil penalty for equity skimming under section 543(a) of the Housing Act of 1949, codified at 42 U.S.C. 1490s(a)(2), has a maximum of $34,731. (iii) Civil penalty under section 543b of the Housing Act of 1949 for a violation of regulations or agreements made in accordance with Title V of the Housing Act of 1949, by submitting false information, submitting false certifications, failing to timely submit information, failing to maintain real property in good repair and condition, failing to provide acceptable management for a project, or failing to comply with applicable civil rights statutes and regulations, codified at 42 U.S.C. 1490s(b)(3)(A), has a maximum of the greater of: Twice the damages the Department, guaranteed lender, or project that is secured for a loan under Title V, suffered or would have suffered as a result of the violation; or $69,463 per violation. (9) Farm Service Agency--(i) Civil penalty for failure to comply with certain provisions of the U.S. Warehouse Act, codified at 7 U.S.C. 254, has a maximum of $34,731 per violation if an agricultural product is not involved in the violation. (ii) [Reserved] (10) Commodity Credit Corporation--(i) Civil penalty for willful failure or refusal to furnish information, or willful furnishing of false information under of section 156 of the Federal Agricultural Improvement and Reform Act of 1996, codified at 7 U.S.C. 7272(g)(5), has a maximum of $15,270 for each violation. (ii) Civil penalty for willful failure or refusal to furnish information or willful furnishing of false data by a processor, refiner, or importer of sugar, syrup and molasses under section 156 of the Federal Agriculture Improvement and Reform Act of 1996, codified at 7 U.S.C. 7272(g)(5), has a maximum of $15,270 for each violation. (iii) Civil penalty for filing a false acreage report that exceeds tolerance under section 156 of the Federal Agriculture Improvement and Reform Act of 1996, codified at 7 U.S.C. 7272(g)(5), has a maximum of $15,270 for each violation. (iv) Civil penalty for knowingly violating any regulation of the Secretary of the Commodity Credit Corporation pertaining to flexible marketing allotments for sugar under section 359h(b) of the Agricultural Adjustment Act of 1938, codified at 7 U.S.C. 1359hh(b), has a maximum of $11,162 for each violation. (v) Civil penalty for knowing violation of regulations promulgated by the Secretary pertaining to cotton insect eradication under section 104(d) of the Agricultural Act of 1949, codified at 7 [[Page 57336]] U.S.C. 1444a(d), has a maximum of $13,750 for each offense. (11) Office of the Secretary--(i) Civil penalty for making, presenting, submitting or causing to be made, presented or submitted, a false, fictitious, or fraudulent claim as defined under the Program Fraud Civil Remedies Act of 1986, codified at 31 U.S.C. 3802(a)(1), has a maximum of $10,958. (ii) Civil penalty for making, presenting, submitting or causing to be made, presented or submitted, a false, fictitious, or fraudulent written statement as defined under the Program Fraud Civil Remedies Act of 1986, codified at 31 U.S.C. 3802(a)(2), has a maximum of $10,958. Dated: November 28, 2017. Stephen L. Censky, Deputy Secretary. [FR Doc. 2017-26194 Filed 12-4-17; 8:45 am] BILLING CODE 3410-90-P
![Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Rules and Regulations 57335
and Children and discloses the amount originating from Federal lands, codified of 1949, codified at 42 U.S.C.
of the bid, rebate, or discount practices at 16 U.S.C. 620d(c)(2)(A)(iii), has a 1490s(a)(2), has a maximum of $34,731.
in advance of the bid opening or for any maximum of $905,353. (iii) Civil penalty under section 543b
entity that makes a statement prior to (v) Civil penalty for a violation of the Housing Act of 1949 for a
the opening of bids for the purpose of involving protections of caves, codified violation of regulations or agreements
influencing a bid, codified at 42 U.S.C. at 16 U.S. C. 4307(a)(2), has a maximum made in accordance with Title V of the
1786(h)(8)(H)(i), has a maximum of of $19,787. Housing Act of 1949, by submitting false
$170,472,030. (6) Grain Inspection, Packers and information, submitting false
(v) Civil penalty for a vendor Stockyards Administration—(i) Civil certifications, failing to timely submit
convicted of trafficking in food penalty for a packer or swine contractor information, failing to maintain real
instruments, codified at 42 U.S.C. violation, codified at 7 U.S.C. 193(b), property in good repair and condition,
1786(o)(1)(A) and 42 U.S.C. has a maximum of $27,500. failing to provide acceptable
1786(o)(4)(B), has a maximum of (ii) Civil penalty for a livestock management for a project, or failing to
$14,740 for each violation, except that market agency or dealer failure to comply with applicable civil rights
the maximum penalty for violations register, codified at 7 U.S.C. 203, has a statutes and regulations, codified at 42
occurring during a single investigation maximum of $1,875 and not more than U.S.C. 1490s(b)(3)(A), has a maximum
is $58,958. $94 for each day the violation of the greater of: Twice the damages the
(vi) Civil penalty for a vendor continues. Department, guaranteed lender, or
convicted of selling firearms, (iii) Civil penalty for operating project that is secured for a loan under
ammunition, explosive, or controlled without filing, or in violation of, a Title V, suffered or would have suffered
substances in exchange for food stockyard rate schedule, or of a as a result of the violation; or $69,463
instruments, codified at 42 U.S.C. regulation or order of the Secretary per violation.
1786(o)(1)(B) and 42 U.S.C. made thereunder, codified at 7 U.S.C. (9) Farm Service Agency—(i) Civil
1786(o)(4)(B), has a maximum of 207(g), has a maximum of $1,875 and penalty for failure to comply with
$14,740 for each violation, except that not more than $94 for each day the certain provisions of the U.S.
the maximum penalty for violations violation continues. Warehouse Act, codified at 7 U.S.C. 254,
occurring during a single investigation (iv) Civil penalty for a stockyard has a maximum of $34,731 per violation
is $58,958. owner, livestock market agency, and if an agricultural product is not
(4) Food Safety and Inspection involved in the violation.
dealer violation, codified at 7 U.S.C.
Service—(i) Civil penalty for certain
213(b), has a maximum of $27,500. (ii) [Reserved]
violations under the Egg Products
(v) Civil penalty for a stockyard (10) Commodity Credit Corporation—
Inspection Act, codified at 21 U.S.C.
owner, livestock market agency, and (i) Civil penalty for willful failure or
1041(c)(1)(A), has a maximum of $8,797
dealer compliance order, codified at 7 refusal to furnish information, or willful
for each violation.
(ii) [Reserved] U.S.C. 215(a), has a maximum of $1,875. furnishing of false information under of
(5) Forest Service—(i) Civil penalty (vi) Civil penalty for live poultry section 156 of the Federal Agricultural
for willful disregard of the prohibition dealer violations, codified at 7 U.S.C. Improvement and Reform Act of 1996,
against the export of unprocessed timber 228b–2(b), has a maximum of $80,000. codified at 7 U.S.C. 7272(g)(5), has a
originating from Federal lands, codified (vii) Civil penalty for a violation, maximum of $15,270 for each violation.
at 16 U.S.C. 620d(c)(1)(A), has a codified at 7 U.S.C. 86(c), has a (ii) Civil penalty for willful failure or
maximum of $905,353 per violation or maximum of $268,750. refusal to furnish information or willful
three times the gross value of the (7) Federal Crop Insurance furnishing of false data by a processor,
unprocessed timber, whichever is Corporation—(i) Civil penalty for any refiner, or importer of sugar, syrup and
greater. person who willfully and intentionally molasses under section 156 of the
(ii) Civil penalty for a violation in provides any false or inaccurate Federal Agriculture Improvement and
disregard of the Forest Resources information to the Federal Crop Reform Act of 1996, codified at 7 U.S.C.
Conservation and Shortage Relief Act or Insurance Corporation or to an approved 7272(g)(5), has a maximum of $15,270
the regulations that implement such Act insurance provider with respect to any for each violation.
regardless of whether such violation insurance plan or policy that is offered (iii) Civil penalty for filing a false
caused the export of unprocessed timber under the authority of the Federal Crop acreage report that exceeds tolerance
originating from Federal lands, codified Insurance Act, or who fails to comply under section 156 of the Federal
at 16 U.S.C. 620d(c)(2)(A)(i), has a with a requirement of the Federal Crop Agriculture Improvement and Reform
maximum of $135,803 per violation. Insurance Corporation, codified at 7 Act of 1996, codified at 7 U.S.C.
(iii) Civil penalty for a person that U.S.C. 1515(h)(3)(A), has a maximum of 7272(g)(5), has a maximum of $15,270
should have known that an action was the greater of: The amount of the for each violation.
a violation of the Forest Resources pecuniary gain obtained as a result of (iv) Civil penalty for knowingly
Conservation and Shortage Relief Act or the false or inaccurate information or violating any regulation of the Secretary
the regulations that implement such Act the noncompliance; or $11,744. of the Commodity Credit Corporation
regardless of whether such violation (ii) [Reserved] pertaining to flexible marketing
caused the export of unprocessed timber (8) Rural Housing Service—(i) Civil allotments for sugar under section
originating from Federal lands, codified penalty for a violation of section 536 of 359h(b) of the Agricultural Adjustment
at 16 U.S.C. 620d(c)(2)(A)(ii), has a Title V of the Housing Act of 1949, Act of 1938, codified at 7 U.S.C.
sradovich on DSK3GMQ082PROD with RULES
maximum of $90,535 per violation. codified at 42 U.S.C. 1490p(e)(2), has a 1359hh(b), has a maximum of $11,162
(iv) Civil penalty for a willful maximum of $192,459 in the case of an for each violation.
violation of the Forest Resources individual, and a maximum of (v) Civil penalty for knowing violation
Conservation and Shortage Relief Act or $1,924,589 in the case of an applicant of regulations promulgated by the
the regulations that implement such Act other than an individual. Secretary pertaining to cotton insect
regardless of whether such violation (ii) Civil penalty for equity skimming eradication under section 104(d) of the
caused the export of unprocessed timber under section 543(a) of the Housing Act Agricultural Act of 1949, codified at 7
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![57336 Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Rules and Regulations
U.S.C. 1444a(d), has a maximum of for Immigration Review, 5107 Leesburg NACARA reaffirmed the annual
$13,750 for each offense. Pike, Suite 2600, Falls Church, VA limitation of 4,000 grants but exempted
(11) Office of the Secretary—(i) Civil 22041, telephone (703) 305–0470 (not a from the limitation certain nationals of
penalty for making, presenting, toll-free call). Guatemala, El Salvador, and the former
submitting or causing to be made, SUPPLEMENTARY INFORMATION: Soviet bloc countries. See NACARA sec.
presented or submitted, a false, 204, 111 Stat. at 2200–01. NACARA
fictitious, or fraudulent claim as defined I. Public Participation provided for an additional 4,000
under the Program Fraud Civil On November 30, 2016, the suspension/cancellation grants to
Remedies Act of 1986, codified at 31 Department published in the Federal increase the annual limitation to a total
U.S.C. 3802(a)(1), has a maximum of Register a rule proposing to amend of 8,000 for fiscal year 1998 only. Id.
$10,958. EOIR’s regulations relating to the annual On September 30, 1998, the
(ii) Civil penalty for making, limitation on cancellation of removal Department issued the current interim
presenting, submitting or causing to be and suspension of deportation. 81 FR rule, which eliminated the ‘‘conditional
made, presented or submitted, a false, 86291 (Nov. 30, 2016). The comment grant’’ process established in the
fictitious, or fraudulent written period ended on January 30, 2017. The October 1997 interim rule and provided
statement as defined under the Program Department received four comments. new procedures for immigration judges
Fraud Civil Remedies Act of 1986, For the reasons set forth below, the and the Board to follow with respect to
codified at 31 U.S.C. 3802(a)(2), has a proposed rule is adopted without implementing the numerical limitation
maximum of $10,958. change. on suspension and cancellation of
Dated: November 28, 2017. removal imposed by IIRIRA and
II. Background and Summary NACARA, 63 FR 52134 (Sept. 30, 1998)
Stephen L. Censky,
The Illegal Immigration Reform and (codified at 8 CFR 1240.21 (as in effect
Deputy Secretary.
Immigrant Responsibility Act of 1996 prior to publication of this rule)).
[FR Doc. 2017–26194 Filed 12–4–17; 8:45 am]
(‘‘IIRIRA’’), Public Law 104–208, Div. C, First, the interim rule created a
BILLING CODE 3410–90–P 110 Stat. 3009–546, added section process to address a discrete issue that
240A(e) to the Immigration and required resolution before the end of
Nationality Act (‘‘INA’’ or the ‘‘Act’’), fiscal year 1998: The interaction
DEPARTMENT OF JUSTICE Public Law 82–414, 66 Stat. 163 (1952) between the October 1997 interim rule
(codified as amended in scattered authorizing immigration judges and the
Executive Office for Immigration sections of 8, 18, and 22 U.S.C.), by Board to grant applications for
Review establishing an annual limitation on the suspension and cancellation on a
number of aliens who may be granted ‘‘conditional basis,’’ see 62 FR 51760,
8 CFR Part 1240 suspension of deportation or 51762 (Oct. 3, 1997), and the enactment
[EOIR Docket No. 180; AG Order No. 4034– cancellation of removal followed by of NACARA in November 1997, which
2017] adjustment of status. The annual added 4,000 grants to the statutory
RIN 1125–AA25 limitation is as follows: annual limitation, creating a total of
[T]he Attorney General may not cancel the 8,000 available grants for fiscal year
Procedures Further Implementing the removal and adjust the status under this 1998, see NACARA sec. 202, 111 Stat.
Annual Limitation on Suspension of section, nor suspend the deportation and at 2193–96. These procedures were set
Deportation and Cancellation of adjust the status under section 244(a) (as in forth in 8 CFR 1240.21(b) (as in effect
Removal effect before the enactment of the Illegal prior to publication of this rule). See 63
Immigration Reform and Immigrant FR at 52138–39.
AGENCY: Executive Office for Responsibility Act of 1996), of a total of more Second, the interim rule created a
Immigration Review, Department of than 4,000 aliens in any fiscal year. new procedure for processing
Justice. INA sec. 240A(e)(1) (8 U.S.C. applications for suspension and
ACTION: Final rule. 1229b(e)(1)). cancellation in order to avoid exceeding
On October 3, 1997, the Department the annual limitation. See 63 FR at
SUMMARY: The Department of Justice is issued an interim rule, which 52139–40 (codified at 8 CFR 1240.21(c)
amending the Executive Office for authorized immigration judges and the (as in effect prior to publication of this
Immigration Review (‘‘EOIR’’) Board to grant applications for rule)). The rule eliminated the
regulations governing the annual suspension of deportation and conditional grant process. Id. at 52138
limitation on cancellation of removal cancellation of removal only on a (codified at 8 CFR 1240.21(a)(2)).
and suspension of deportation ‘‘conditional basis.’’ 62 FR 51760, 51762 Instead, under the interim rule,
decisions. The amendment eliminates (Oct. 3, 1997). This interim rule was a immigration judges and the Board
certain procedures created in 1998 that temporary measure to give the issued grants of suspension or
were used to convert 8,000 conditional Department time to decide how best to cancellation in chronological order until
grants of suspension of deportation and implement the annual statutory grants were no longer available in a
cancellation of removal to outright limitation. Pursuant to the rule, the fiscal year. The interim rule provided
grants before the end of fiscal year 1998. Chief Immigration Judge instructed that when grants were no longer
In addition, it authorizes immigration immigration judges to convert available in a fiscal year, ‘‘further
judges and the Board of Immigration previously reserved grants of decisions to grant or deny such relief
Appeals (‘‘Board’’) to issue final suspension and cancellation to shall be reserved’’ until grants become
sradovich on DSK3GMQ082PROD with RULES
decisions denying applications, without conditional grants. available in a future fiscal year. Id. at
restriction, regardless of whether the On November 19, 1997, Congress 52140 (codified at 8 CFR 1240.21(c)(1)
annual limitation has been reached. enacted the Nicaraguan Adjustment and (as in effect prior to publication of this
DATES: This rule is effective January 4, Central American Relief Act rule)). With respect to denials, the
2018. (‘‘NACARA’’), Public Law 105–100, title interim rule stated that immigration
FOR FURTHER INFORMATION CONTACT: Jean II, 111 Stat. 2160, 2193–2201, which judges and the Board ‘‘may deny
King, General Counsel, Executive Office amended section 240A(e) of the Act. without reserving decision or may
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Document Created: 2017-12-04 23:45:37
Document Modified: 2017-12-04 23:45:37
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective December 5, 2017. | |
| Contact | Heather Self, Esq., OGC, USDA, Room 3311-S, 1400 Independence Avenue SW., Washington, DC 20250-1400, (202) 720-5840. | |
| FR Citation | 82 FR 57331 | |
| RIN Number | 0510-AA04 | |
| CFR Associated | Administrative Practice and Procedure; Debt Management and Penalties |
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