83 FR 11129 - Civil Monetary Penalty Inflation Adjustment for 2018

DEPARTMENT OF AGRICULTURE
Office of the Secretary

Federal Register Volume 83, Issue 50 (March 14, 2018)

This final rule amends the U.S. Department of Agriculture's (USDA) civil monetary penalty regulations by making inflation adjustments as mandated by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.

[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Rules and Regulations]
[Pages 11129-11134]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04832]



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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. 

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Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / 
Rules and Regulations

[[Page 11129]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 3

RIN 0510-AA04


Civil Monetary Penalty Inflation Adjustment for 2018

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends the U.S. Department of Agriculture's 
(USDA) civil monetary penalty regulations by making inflation 
adjustments as mandated by the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015.

DATES: Effective March 14, 2018.

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 adjust for inflation annually.
    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 reset 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 provided that the initial adjustment would be the 
percentage by which the CPI for the month of October 2015 exceeded 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 did limit large CMP increases by 
providing that no initial adjustments could exceed 150 percent of the 
amount of the CMP as of the date the 2015 Act was enacted, November 2, 
2015.
    USDA's initial adjustment under the 2015 Act was published in the 
Federal Register on December 5, 2017 at 82 FR 57331. This final rule 
constitutes USDA's annual inflation adjustment for 2018.
    In addition, this rule moves the CMPs previously administered by 
the former Grain Inspection, Packers and Stockyards Administration 
(GIPSA) to the Agricultural Marketing Service (AMS). GIPSA's CMPs 
previously were codified at 7 CFR 3.91(b)(6); they now will be codified 
with AMS's CMPs at 7 CFR 3.91(b)(1). GIPSA's section of the regulations 
at 7 CFR 3.91(b)(6) will become a reserved section. This move is in 
accordance with the reorganization announced by the Secretary of 
Agriculture on November 14, 2017 via Secretary's Memorandum Number 
1076-18, which eliminated GIPSA as a standalone agency within USDA, 
revoked the delegations of authority to the Administrator of GIPSA 
found at 7 CFR 2.81, and delegated to the Administrator of AMS those 
same authorities found at 7 CFR 2.81.
    Secretary's Memorandum Number 1076-18 also moved responsibility for 
the United States Warehouse Act and its associated CMP, see 7 U.S.C. 
254, from the Farm Service Agency (FSA) to AMS. In accordance with the 
Secretary's Memorandum this rule moves the United States Warehouse Act 
CMP previously codified with FSA's CMPs in 7 CFR 3.91(b)(9) to be 
codified with AMS' CMPs in 7 CFR 3.91(b)(1). Additionally, as the 
United States Warehouse Act CMP was the only CMP codified in FSA's 
section. Accordingly, FSA's section of the regulations at 7 CFR 
3.91(b)(9) will become a reserved section.
    Lastly, this rule amends the maximum monetary penalty amounts 
imposed by the Animal and Plant Health Inspection Service (APHIS) for 
violating the Endangered Species Act of 1973 (ESA) and the Lacey Act 
Amendments of 1981 (Lacey Act), to be consistent with the inflationary 
adjustments established by the Department of the Interior, Fish and 
Wildlife Service (FWS). APHIS and FWS have joint jurisdiction over ESA 
and Lacey Act provisions that involve the importation and exportation 
of plants, and any violation thereof will be subject to the same 
maximum penalty, regardless of which agency institutes an enforcement 
action.

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) Federal Crop Insurance Corporation;
    (7) Rural Housing Service,
    (8) Commodity Credit Corporation, and
    (9) Office of the Secretary.

[[Page 11130]]

    The CMPs in this final rule are listed according to the applicable 
administering agency. The CMPs previously administered by GIPSA and FSA 
are now found in the section applicable to AMS.

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 determined that this 
regulatory action does not meet the criteria for significant regulatory 
action pursuant to Executive Order 12866, Regulatory Planning and 
Review. Additionally, because this rule does not meet the definition of 
a significant 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 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, amend 7 CFR part 3 as 
follows:

PART 3--DEBT MANAGEMENT

Subpart I--Adjusted Civil Monetary Penalties

0
1. The authority citation for part 3, subpart I, continues to read as 
follows:

    Authority: 28 U.S.C. 2461 note.


0
2. Revise Sec.  3.91(a)(1) and (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 March 14, 2018.
* * * * *
    (b) Penalties--(1) Agricultural Marketing Service. (i) Civil 
penalty for improper record keeping codified at 7 U.S.C. 136i-1(d), 
has: A maximum of $923 in the case of the first offense, and a minimum 
of $1,795 in the case of subsequent offenses, except that the penalty 
will be less than $1,795 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 $5,029.
    (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 $1,605 for each such offense and not more 
than $401 for each day it continues, or a maximum of $401 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 $3,209 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 $147 and a maximum of $14,665.
    (vi) Civil penalty for a violation of the Export Grape and Plum 
Act, codified at 7 U.S.C. 596, has a minimum of $281 and a maximum of 
$28,061.
    (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 $2,806. 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 
$281.
    (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 $96 
and a maximum of $1,913.
    (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 $2,806.
    (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 $1,257 and a maximum of $12,570.
    (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 $1,257. 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 $1,454 and a maximum of $14,544.

[[Page 11131]]

    (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 $1,454. 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 $11,346.
    (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 $2,806.
    (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 $1,320 and a maximum of $13,205.
    (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 $1,320. 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 
$2,442.
    (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 $752 
and a maximum of $7,520.
    (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 $752. 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 $2,269.
    (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 $1,135. 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 $1,135 and a maximum of $11,346.
    (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 $1,135. 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 $1,848 and a maximum of $18,477.
    (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 $1,848.
    (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 $898 and a maximum of $8,977.
    (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 $898. 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 $898 and a maximum of $8,977.
    (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 $898. 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 $1,848.
    (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 $9,239. 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 $898 and a maximum of $8,977, or in the case of a violation 
that is willful, codified at 7 U.S.C. 6411(c)(1)(B), has a minimum of 
$17,952 and a maximum of $179,522.
    (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 $9,239. 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 $17,952.
    (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 $847 and a 
maximum of $8,464.
    (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 $8,464. 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 $1,650.
    (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 $824. 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 $1,558 and a 
maximum of $15,582 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 $1,558 and a maximum of 
$15,582. 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 $1,558 for each violation.

[[Page 11132]]

    (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 $7,791. 
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 $780 
and a maximum of $7,791 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 $780. 
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 $1,558 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 $8,977 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 $1,417 
and a maximum of $14,177 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 $14,177 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 $14,665 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 $14,665 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 $14,177 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 $1,139 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 $2,442 for each 
violation.
    (lvi) Civil penalty for a packer or swine contractor violation, 
codified at 7 U.S.C. 193(b), has a maximum of $28,061.
    (lvii) Civil penalty for a livestock market agency or dealer 
failure to register, codified at 7 U.S.C. 203, has a maximum of $1,913 
and not more than $96 for each day the violation continues.
    (lviii) 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 $1,913 and not more than $96 for each day the violation continues.
    (lix) Civil penalty for a stockyard owner, livestock market agency, 
or dealer, who engages in or uses any unfair, unjustly discriminatory, 
or deceptive practice or device in connection with determining whether 
persons should be authorized to operate at the stockyards, or with 
receiving, marketing, buying, or selling on a commission basis or 
otherwise, feeding, watering, holding, delivery, shipment, weighing, or 
handling of livestock, codified at 7 U.S.C. 213(b), has a maximum of 
$28,061.
    (lx) Civil penalty for a stockyard owner, livestock market agency, 
or dealer, who knowingly fails to obey any order made under the 
provisions of 7 U.S.C. 211, 212, or 213, codified at 7 U.S.C. 215(a), 
has a maximum of $1,913.
    (lxi) Civil penalty for live poultry dealer violations, codified at 
7 U.S.C. 228b-2(b), has a maximum of $81,633.
    (lxii) Civil penalty for a violation, codified at 7 U.S.C. 86(c), 
has a maximum of $274,235.
    (lxiii) 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 
$35,440 per violation if an agricultural product is not involved in the 
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 $96 and a maximum 
of $1,913.
    (ii) Civil penalty for a violation of the Animal Welfare Act, 
codified at 7 U.S.C. 2149(b), has a maximum of $11,390, and knowing 
failure to obey a cease and desist order has a civil penalty of $1,708.
    (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 
$14,177.
    (iv) Civil penalty for a violation of the Swine Health Protection 
Act, codified at 7 U.S.C. 3805(a), has a maximum of $28,061.
    (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: $70,881 in the case of any 
individual (except that the civil penalty may not exceed $1,417 in the 
case of an initial violation of the PPA by an individual moving 
regulated articles not for monetary gain), $354,402 in the case of any 
other person for each violation, $569,468 for all violations 
adjudicated in a single proceeding if the violations do not include a 
willful violation, and $1,138,937 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: $68,027 in the case of any individual, except that 
the civil penalty may not exceed $1,360 in the case of an initial 
violation of the AHPA by an individual moving regulated articles not 
for monetary gain, $340,131 in the case of any other person for each 
violation, $569,468 for all violations adjudicated in a single 
proceeding if the violations do not include a willful violation, and 
$1,138,937 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

[[Page 11133]]

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 $340,131 in the case of an individual and $680,262 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 $5,612.
    (ix) Civil penalty for failure to obey Horse Protection Act 
disqualification, codified at 15 U.S.C. 1825(c), has a maximum of 
$10,969.
    (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), as set forth at 16 U.S.C. 1540(a)(1), has a maximum of $51,302 for 
each violation.
    (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)(1), has a maximum of $24,625 for each 
violation.
    (xii) Civil penalty for violating, with respect to terrestrial 
plants, the Endangered Species Act of 1973, or any regulation, permit, 
or certificate issued thereunder, as set forth at 16 U.S.C. 1540(a)(1), 
has a maximum of $1,296 for each violation.
    (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 
$165 and a maximum of $824.
    (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.
    (xv) Civil penalty for knowingly violating section 3(d) or 3(f) of 
the Lacey Act Amendments of 1981, or for violating any other provision 
provided that, in the exercise of due care, the violator should have 
known that the plant was taken, possessed, transported, or sold in 
violation of any underlying law, treaty, or regulation, has a maximum 
of $25,928 for each violation, as set forth at 16 U.S.C. 3373(a)(1) 
(but if the plant has a market value of less than $350, and involves 
only the transportation, acquisition, or receipt of a plant taken or 
possessed in violation of any law, treaty, or regulation of the United 
States, any Indian tribal law, any foreign law, or any law or 
regulation of any State, the penalty shall not exceed the maximum 
provided for violation of said law, treaty, or regulation, or $25,928, 
whichever is less).
    (xvi) Civil penalty for violating section 3(f) of the Lacey Act 
Amendments of 1981, as set forth at 16 U.S.C. 3373(a)(2), has a maximum 
of $648.
    (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 $113,894 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 $41,042 for each violation, 
except that the maximum penalty for violations occurring during a 
single investigation is $73,906.
    (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 $36,953 for each violation, except that 
the maximum penalty for violations occurring during a single 
investigation is $73,906.
    (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 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 $173,951,364.
    (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 $15,041 for each violation, except that 
the maximum penalty for violations occurring during a single 
investigation is $60,161.
    (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 $15,041 for each violation, except that 
the maximum penalty for violations occurring during a single 
investigation is $60,161.
    (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 $8,977 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 
$923,831 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 $138,575 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 $92,383 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 $923,831.
    (v) Civil penalty for a violation involving protections of caves, 
codified at 16 U.S. C. 4307(a)(2), has a maximum of $20,191.
    (6) [Reserved]
    (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

[[Page 11134]]

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 $11,984.
    (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 $196,387 in the case of an 
individual, and a maximum of $1,963,870 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 $35,440.
    (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 $70,881 per violation.
    (9) [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 $15,582 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 $15,582 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 
$15,582 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 $11,390 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 U.S.C. 1444a(d), 
has a maximum of $14,031 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 $11,182.
    (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 $11,182.

    Dated: March 6, 2018.
Stephen Censky,
Deputy Secretary, U.S. Department of Agriculture.
[FR Doc. 2018-04832 Filed 3-13-18; 8:45 am]
 BILLING CODE 3410-90-P