83_FR_11179 83 FR 11129 - Civil Monetary Penalty Inflation Adjustment for 2018

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)

Page Range11129-11134
FR Document2018-04832

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 Issue 50 (Wednesday, March 14, 2018)
[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



                                                                                                                                                                                            11129

                                             Rules and Regulations                                                                                         Federal Register
                                                                                                                                                           Vol. 83, No. 50

                                                                                                                                                           Wednesday, March 14, 2018



                                             This section of the FEDERAL REGISTER                    percent and rounded the adjustment                    Agriculture on November 14, 2017 via
                                             contains regulatory documents having general            based on the size of the penalty (for                 Secretary’s Memorandum Number
                                             applicability and legal effect, most of which           example, multiple of $10 in the case of               1076–18, which eliminated GIPSA as a
                                             are keyed to and codified in the Code of                penalties less than or equal to $100).                standalone agency within USDA,
                                             Federal Regulations, which is published under           The rounding process meant that                       revoked the delegations of authority to
                                             50 titles pursuant to 44 U.S.C. 1510.
                                                                                                     penalties would often not be increased                the Administrator of GIPSA found at 7
                                             The Code of Federal Regulations is sold by              at all if the inflation factor was not large          CFR 2.81, and delegated to the
                                             the Superintendent of Documents.                        enough. Furthermore, the cap on                       Administrator of AMS those same
                                                                                                     increases of 10 percent in tandem with                authorities found at 7 CFR 2.81.
                                                                                                     the rounding meant that the formula                     Secretary’s Memorandum Number
                                             DEPARTMENT OF AGRICULTURE                               over time caused penalties to lose value              1076–18 also moved responsibility for
                                                                                                     relative to total inflation. The 2015 Act             the United States Warehouse Act and its
                                             Office of the Secretary                                 updates these requirements by                         associated CMP, see 7 U.S.C. 254, from
                                                                                                     prescribing that agencies make annual                 the Farm Service Agency (FSA) to AMS.
                                             7 CFR Part 3                                            adjustments for inflation based on the                In accordance with the Secretary’s
                                             RIN 0510–AA04                                           CPI for the month of October and round                Memorandum this rule moves the
                                                                                                     to the nearest dollar after an initial                United States Warehouse Act CMP
                                             Civil Monetary Penalty Inflation                        adjustment.                                           previously codified with FSA’s CMPs in
                                             Adjustment for 2018                                        In order to eliminate the inconsistent             7 CFR 3.91(b)(9) to be codified with
                                                                                                     changes caused by the prior method, the               AMS’ CMPs in 7 CFR 3.91(b)(1).
                                             AGENCY:    Office of the Secretary, USDA.               2015 Act reset the inflation adjustment               Additionally, as the United States
                                             ACTION:   Final rule.                                   by excluding prior inflationary                       Warehouse Act CMP was the only CMP
                                                                                                     adjustments under the Inflation                       codified in FSA’s section. Accordingly,
                                             SUMMARY:  This final rule amends the
                                                                                                     Adjustment Act, which contributed to a                FSA’s section of the regulations at 7
                                             U.S. Department of Agriculture’s
                                                                                                     decline in the real value of penalty                  CFR 3.91(b)(9) will become a reserved
                                             (USDA) civil monetary penalty
                                                                                                     levels. To do this, the 2015 Act                      section.
                                             regulations by making inflation
                                                                                                     provided that the initial adjustment                    Lastly, this rule amends the maximum
                                             adjustments as mandated by the Federal
                                                                                                     would be the percentage by which the                  monetary penalty amounts imposed by
                                             Civil Penalties Inflation Adjustment Act
                                                                                                     CPI for the month of October 2015                     the Animal and Plant Health Inspection
                                             Improvements Act of 2015.
                                                                                                     exceeded that of the month of October                 Service (APHIS) for violating the
                                             DATES: Effective March 14, 2018.                        of the calendar year during which the                 Endangered Species Act of 1973 (ESA)
                                             FOR FURTHER INFORMATION CONTACT:                        amount of the CMP was originally                      and the Lacey Act Amendments of 1981
                                             Heather Self, Esq., OGC, USDA, Room                     established or otherwise adjusted under               (Lacey Act), to be consistent with the
                                             3311–S, 1400 Independence Avenue                        a provision of law other than the                     inflationary adjustments established by
                                             SW, Washington, DC 20250–1400, (202)                    Inflation Adjustment Act. While the                   the Department of the Interior, Fish and
                                             720–5840.                                               2015 Act does not provide a cap on                    Wildlife Service (FWS). APHIS and
                                             SUPPLEMENTARY INFORMATION:                              adjustments going forward, the initial                FWS have joint jurisdiction over ESA
                                                                                                     adjustment under the 2015 Act did limit               and Lacey Act provisions that involve
                                             I. Background                                           large CMP increases by providing that                 the importation and exportation of
                                                On November 2, 2015, the President                   no initial adjustments could exceed 150               plants, and any violation thereof will be
                                             signed into law the Federal Civil                       percent of the amount of the CMP as of                subject to the same maximum penalty,
                                             Penalties Inflation Adjustment Act                      the date the 2015 Act was enacted,                    regardless of which agency institutes an
                                             Improvements Act of 2015 (the 2015                      November 2, 2015.                                     enforcement action.
                                             Act), which further amended the                            USDA’s initial adjustment under the
                                                                                                                                                           II. CMPs Affected by This Final Rule
                                             Federal Civil Penalties Inflation                       2015 Act was published in the Federal
                                             Adjustment Act of 1990 (the Inflation                   Register on December 5, 2017 at 82 FR                   Several USDA agencies administer
                                             Adjustment Act), to improve the                         57331. This final rule constitutes                    laws that provide for the imposition of
                                             effectiveness of CMPs and to maintain                   USDA’s annual inflation adjustment for                CMPs being adjusted by this final rule.
                                             their deterrent effect. The 2015 Act                    2018.                                                 Those agencies are:
                                             requires agencies to adjust for inflation                  In addition, this rule moves the CMPs                (1) Agricultural Marketing Service;
                                             annually.                                               previously administered by the former                   (2) Animal and Plant Health
                                                Previously, the Inflation Adjustment                 Grain Inspection, Packers and                         Inspection Service;
                                             Act required agencies to adjust CMP                     Stockyards Administration (GIPSA) to                    (3) Food and Nutrition Service;
                                             levels every 4 years based on the                       the Agricultural Marketing Service                      (4) Food Safety and Inspection
                                             percentage by which the Consumer                        (AMS). GIPSA’s CMPs previously were                   Service;
                                             Price Index (CPI) for the month of June                 codified at 7 CFR 3.91(b)(6); they now                  (5) Forest Service;
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                                             of the prior calendar year exceeded the                 will be codified with AMS’s CMPs at 7                   (6) Federal Crop Insurance
                                             CPI for the month of June of the                        CFR 3.91(b)(1). GIPSA’s section of the                Corporation;
                                             calendar year during which the last                     regulations at 7 CFR 3.91(b)(6) will                    (7) Rural Housing Service,
                                             adjustment was made. The Inflation                      become a reserved section. This move is                 (8) Commodity Credit Corporation,
                                             Adjustment Act also capped the                          in accordance with the reorganization                 and
                                             increase for each adjustment at 10                      announced by the Secretary of                           (9) Office of the Secretary.


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                                             11130            Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Rules and Regulations

                                               The CMPs in this final rule are listed                Regulatory Flexibility Act                            Act, codified at 7 U.S.C. 499c(a), has a
                                             according to the applicable                                The provisions of the Regulatory                   maximum of $1,605 for each such
                                             administering agency. The CMPs                          Flexibility Act relating to an initial and            offense and not more than $401 for each
                                             previously administered by GIPSA and                    final regulatory flexibility analysis (5              day it continues, or a maximum of $401
                                             FSA are now found in the section                        U.S.C. 603, 604) are not applicable to                for each offense if the Secretary
                                             applicable to AMS.                                      this final rule because USDA was not                  determines the violation was not
                                                                                                     required to publish notice of proposed                willful.
                                             III. Waiver of Proposed Rulemaking                                                                               (iv) Civil penalty in lieu of license
                                                                                                     rulemaking under 5 U.S.C. 553 or any
                                                In developing this final rule, we are                other law. Accordingly, a regulatory                  suspension under the Perishable
                                             waiving the usual notice of proposed                    flexibility analysis is not required.                 Agricultural Commodities Act, codified
                                             rulemaking and public comment                                                                                 at 7 U.S.C. 499h(e), has a maximum
                                                                                                     Paperwork Reduction Act                               penalty of $3,209 for each violative
                                             procedures contained in 5 U.S.C. 553.
                                                                                                       This final rule imposes no new                      transaction or each day the violation
                                             We have determined that, under 5
                                                                                                     reporting or recordkeeping requirements               continues.
                                             U.S.C. 553(b)(3)(B), good cause exists for
                                                                                                     necessitating clearance by OMB.                          (v) Civil penalty for a violation of the
                                             dispensing with the notice of proposed
                                                                                                                                                           Export Apple Act, codified at 7 U.S.C.
                                             rulemaking and public comment                           List of Subjects in 7 CFR Part 3                      586, has a minimum of $147 and a
                                             procedures for this rule. Specifically the
                                                                                                       Administrative practice and                         maximum of $14,665.
                                             rulemaking comports with and is
                                                                                                     procedure, Debt management, Penalties.                   (vi) Civil penalty for a violation of the
                                             consistent with the statutory authority
                                                                                                       For the reasons set forth in the                    Export Grape and Plum Act, codified at
                                             required by Federal Civil Penalties
                                                                                                     preamble, amend 7 CFR part 3 as                       7 U.S.C. 596, has a minimum of $281
                                             Inflation Adjustment Act Improvements
                                                                                                     follows:                                              and a maximum of $28,061.
                                             Act of 2015, as amended, with no issue
                                                                                                                                                              (vii) Civil penalty for a violation of an
                                             of policy discretion. Accordingly, we
                                                                                                     PART 3—DEBT MANAGEMENT                                order issued by the Secretary under the
                                             have determined that opportunity for                                                                          Agricultural Adjustment Act, reenacted
                                             prior comment is unnecessary and                        Subpart I—Adjusted Civil Monetary                     with amendments by the Agricultural
                                             contrary to the public interest, and we                 Penalties                                             Marketing Agreement Act of 1937,
                                             are issuing this revised regulation as a                                                                      codified at 7 U.S.C. 608c(14)(B), has a
                                             final rule that will apply to all future                ■ 1. The authority citation for part 3,               maximum of $2,806. Each day the
                                             cases.                                                  subpart I, continues to read as follows:              violation continues is a separate
                                             IV. Procedural Requirements                                 Authority: 28 U.S.C. 2461 note.                   violation.
                                                                                                     ■ 2. Revise § 3.91(a)(1) and (2) and (b) to              (viii) Civil penalty for failure to file
                                             Executive Order 12866                                                                                         certain reports under the Agricultural
                                                                                                     read as follows:
                                                                                                                                                           Adjustment Act, reenacted by the
                                                The Office of Management and Budget                  § 3.91   Adjusted civil monetary penalties.           Agricultural Marketing Agreement Act
                                             (OMB) has determined that this
                                                                                                        (a) * * *                                          of 1937, codified at 7 U.S.C. 610(c), has
                                             regulatory action does not meet the
                                                                                                        (1) Adjustments. The Secretary will                a maximum of $281.
                                             criteria for significant regulatory action
                                                                                                     adjust the civil monetary penalties,                     (ix) Civil penalty for a violation of a
                                             pursuant to Executive Order 12866,
                                                                                                     listed in paragraph (b) of this section, to           seed program under the Federal Seed
                                             Regulatory Planning and Review.
                                                                                                     take account of inflation as mandated by              Act, codified at 7 U.S.C. 1596(b), has a
                                             Additionally, because this rule does not
                                                                                                     the Federal Civil Penalties Inflation                 minimum of $96 and a maximum of
                                             meet the definition of a significant
                                                                                                     Adjustment Act Improvements Act of                    $1,913.
                                             regulatory action, it does not trigger the              2015, as amended.                                        (x) Civil penalty for failure to collect
                                             requirements contained in Executive                        (2) Timing. Any increase in the dollar             any assessment or fee for a violation of
                                             Order 13771. See OMB’s Memorandum                       amount of a civil monetary penalty                    the Cotton Research and Promotion Act,
                                             titled ‘‘Interim Guidance Implementing                  listed in paragraph (b) of this section               codified at 7 U.S.C. 2112(b), has a
                                             Section 2 of the Executive Order of                     applies only to violations occurring after            maximum of $2,806.
                                             January 30, 2017, titled ‘Reducing                      March 14, 2018.                                          (xi) Civil penalty for failure to pay,
                                             Regulation and Controlling Regulatory
                                                                                                     *       *     *    *     *                            collect, or remit any assessment or fee
                                             Costs’ ’’ (February 2, 2017).                                                                                 for a violation of a program under the
                                                                                                        (b) Penalties—(1) Agricultural
                                                As indicated above, the provisions of                Marketing Service. (i) Civil penalty for              Potato Research and Promotion Act,
                                             this final rulemaking contain inflation                 improper record keeping codified at 7                 codified at 7 U.S.C. 2621(b)(1), has a
                                             adjustments in compliance with the                      U.S.C. 136i–1(d), has: A maximum of                   minimum of $1,257 and a maximum of
                                             Federal Civil Penalties Inflation                       $923 in the case of the first offense, and            $12,570.
                                             Adjustment Act Improvements Act of                      a minimum of $1,795 in the case of                       (xii) Civil penalty for failure to obey
                                             2015. The great majority of individuals,                subsequent offenses, except that the                  a cease and desist order under the
                                             organizations, and entities participating               penalty will be less than $1,795 if the               Potato Research and Promotion Act,
                                             in the programs affected by this                        Secretary determines that the person                  codified at 7 U.S.C. 2621(b)(3), has a
                                             regulation do not engage in prohibited                  made a good faith effort to comply.                   maximum of $1,257. Each day the
                                             activities and practices that would                        (ii) Civil penalty for a violation of the          violation continues is a separate
                                             result in civil monetary penalties being                unfair conduct rule under the Perishable              violation.
                                             incurred. Accordingly, we believe that                  Agricultural Commodities Act, in lieu of                 (xiii) Civil penalty for failure to pay,
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                                             any aggregate economic impact of this                   license revocation or suspension,                     collect, or remit any assessment or fee
                                             revised regulation will be minimal,                     codified at 7 U.S.C. 499b(5), has a                   or for a violation of a program under the
                                             affecting only the limited number of                    maximum of $5,029.                                    Egg Research and Consumer Information
                                             program participants that may engage in                    (iii) Civil penalty for violation of the           Act, codified at 7 U.S.C. 2714(b)(1), has
                                             prohibited behavior in violation of the                 licensing requirements under the                      a minimum of $1,454 and a maximum
                                             statutes.                                               Perishable Agricultural Commodities                   of $14,544.


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                                                              Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Rules and Regulations                                           11131

                                                (xiv) Civil penalty for failure to obey              a minimum of $1,135 and a maximum                     codified at 7 U.S.C. 6411(c)(1)(A), has a
                                             a cease and desist order under the Egg                  of $11,346.                                           minimum of $898 and a maximum of
                                             Research and Consumer Information                          (xxv) Civil penalty for failure to obey            $8,977, or in the case of a violation that
                                             Act, codified at 7 U.S.C. 2714(b)(3), has               a cease and desist order under the                    is willful, codified at 7 U.S.C.
                                             a maximum of $1,454. Each day the                       Watermelon Research and Promotion                     6411(c)(1)(B), has a minimum of
                                             violation continues is a separate                       Act, codified at 7 U.S.C. 4910(b)(3), has             $17,952 and a maximum of $179,522.
                                             violation.                                              a maximum of $1,135. Each day the                        (xxxv) Civil penalty for failure to obey
                                                (xv) Civil penalty for failure to remit              violation continues is a separate                     a cease and desist order under the Fluid
                                             any assessment or fee or for a violation                violation.                                            Milk Promotion Act of 1990, codified at
                                             of a program under the Beef Research                       (xxvi) Civil penalty for failure to pay,           7 U.S.C. 6411(e), has a maximum of
                                             and Information Act, codified at 7                      collect, or remit any assessment or fee               $9,239. Each day the violation continues
                                             U.S.C. 2908(a)(2), has a maximum of                     or for a violation of a program under the             is a separate violation.
                                             $11,346.                                                Pecan Promotion and Research Act of                      (xxxvi) Civil penalty for knowingly
                                                (xvi) Civil penalty for failure to remit             1990, codified at 7 U.S.C. 6009(c)(1), has            labeling or selling a product as organic
                                             any assessment or for a violation of a                  a minimum of $1,848 and a maximum                     except in accordance with the Organic
                                             program regarding wheat and wheat                       of $18,477.                                           Foods Production Act of 1990, codified
                                             foods research, codified at 7 U.S.C.                       (xxvii) Civil penalty for failure to obey          at 7 U.S.C. 6519(c), has a maximum of
                                             3410(b), has a maximum of $2,806.                       a cease and desist order under the Pecan              $17,952.
                                                (xvii) Civil penalty for failure to pay,             Promotion and Research Act of 1990,                      (xxxvii) Civil penalty for failure to
                                             collect, or remit any assessment or fee                 codified at 7 U.S.C. 6009(e), has a                   pay, collect, or remit any assessment or
                                             or for a violation of a program under the               maximum of $1,848.                                    fee or for a violation of a program under
                                             Floral Research and Consumer                               (xxviii) Civil penalty for failure to              the Fresh Cut Flowers and Fresh Cut
                                             Information Act, codified at 7 U.S.C.                   pay, collect, or remit any assessment or              Greens Promotion and Information Act
                                             4314(b)(1), has a minimum of $1,320                     fee or for a violation of a program under             of 1993, codified at 7 U.S.C.
                                             and a maximum of $13,205.                               the Mushroom Promotion, Research,                     6808(c)(1)(A)(i), has a minimum of $847
                                                (xviii) Civil penalty for failure to obey            and Consumer Information Act of 1990,                 and a maximum of $8,464.
                                             a cease and desist order under the Floral               codified at 7 U.S.C. 6107(c)(1), has a                   (xxxviii) Civil penalty for failure to
                                             Research and Consumer Information                       minimum of $898 and a maximum of                      obey a cease and desist order under the
                                             Act, codified at 7 U.S.C. 4314(b)(3), has               $8,977.                                               Fresh Cut Flowers and Fresh Cut Greens
                                                                                                        (xxix) Civil penalty for failure to obey
                                             a maximum of $1,320. Each day the                                                                             Promotion and Information Act of 1993,
                                                                                                     a cease and desist order under the
                                             violation continues is a separate                                                                             codified at 7 U.S.C. 6808(e)(1), has a
                                                                                                     Mushroom Promotion, Research, and
                                             violation.                                                                                                    maximum of $8,464. Each day the
                                                                                                     Consumer Information Act of 1990,
                                                (xix) Civil penalty for violation of an                                                                    violation continues is a separate
                                                                                                     codified at 7 U.S.C. 6107(e), has a
                                             order under the Dairy Promotion                                                                               violation.
                                                                                                     maximum of $898. Each day the
                                             Program, codified at 7 U.S.C. 4510(b),                                                                           (xxxix) Civil penalty for a violation of
                                                                                                     violation continues is a separate
                                             has a maximum of $2,442.                                                                                      a program under the Sheep Promotion,
                                                                                                     violation.
                                                (xx) Civil penalty for pay, collect, or                 (xxx) Civil penalty for failure to pay,            Research, and Information Act of 1994,
                                             remit any assessment or fee or for a                    collect, or remit any assessment or fee               codified at 7 U.S.C. 7107(c)(1)(A), has a
                                             violation of the Honey Research,                        or for a violation of the Lime Research,              maximum of $1,650.
                                             Promotion, and Consumer Information                     Promotion, and Consumer Information                      (xl) Civil penalty for failure to obey a
                                             Act, codified at 7 U.S.C. 4610(b)(1), has               Act of 1990, codified at 7 U.S.C.                     cease and desist order under the Sheep
                                             a minimum of $752 and a maximum of                      6207(c)(1), has a minimum of $898 and                 Promotion, Research, and Information
                                             $7,520.                                                 a maximum of $8,977.                                  Act of 1994, codified at 7 U.S.C. 7107(e),
                                                (xxi) Civil penalty for failure to obey                 (xxxi) Civil penalty for failure to obey           has a maximum of $824. Each day the
                                             a cease and desist order under the                      a cease and desist order under the Lime               violation continues is a separate
                                             Honey Research, Promotion, and                          Research, Promotion, and Consumer                     violation.
                                             Consumer Information Act, codified at 7                 Information Act of 1990, codified at 7                   (xli) Civil penalty for a violation of an
                                             U.S.C. 4610(b)(3), has a maximum of                     U.S.C. 6207(e), has a maximum of $898.                order or regulation issued under the
                                             $752. Each day the violation continues                  Each day the violation continues is a                 Commodity Promotion, Research, and
                                             is a separate violation.                                separate violation.                                   Information Act of 1996, codified at 7
                                                (xxii) Civil penalty for a violation of                 (xxxii) Civil penalty for failure to pay,          U.S.C. 7419(c)(1), has a minimum of
                                             a program under the Pork Promotion,                     collect, or remit any assessment or fee               $1,558 and a maximum of $15,582 for
                                             Research, and Consumer Information                      or for a violation of a program under the             each violation.
                                             Act of 1985, codified at 7 U.S.C.                       Soybean Promotion, Research, and                         (xlii) Civil penalty for failure to obey
                                             4815(b)(1)(A)(i), has a maximum of                      Consumer Information Act, codified a 7                a cease and desist order under the
                                             $2,269.                                                 U.S.C. 6307(c)(1)(A), has a maximum of                Commodity Promotion, Research, and
                                                (xxiii) Civil penalty for failure to obey            $1,848.                                               Information Act of 1996, codified at 7
                                             a cease and desist order under the Pork                    (xxxiii) Civil penalty for failure to              U.S.C. 7419(e), has a minimum of
                                             Promotion, Research, and Consumer                       obey a cease and desist order under the               $1,558 and a maximum of $15,582. Each
                                             Information Act of 1985, codified at 7                  Soybean Promotion, Research, and                      day the violation continues is a separate
                                             U.S.C. 4815(b)(3)(A), has a maximum of                  Consumer Information Act, codified at 7               violation.
                                             $1,135. Each day the violation continues                                                                         (xliii) Civil penalty for a violation of
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                                                                                                     U.S.C. 6307(e), has a maximum of
                                             is a separate violation.                                $9,239. Each day the violation continues              an order or regulation issued under the
                                                (xxiv) Civil penalty for failure to pay,             is a separate violation.                              Canola and Rapeseed Research,
                                             collect, or remit any assessment or fee                    (xxxiv) Civil penalty for failure to pay,          Promotion, and Consumer Information
                                             or for a violation of a program under the               collect, or remit any assessment or fee               Act, codified at 7 U.S.C. 7448(c)(1)(A)(i),
                                             Watermelon Research and Promotion                       or for a violation of a program under the             has a maximum of $1,558 for each
                                             Act, codified at 7 U.S.C. 4910(b)(1), has               Fluid Milk Promotion Act of 1990,                     violation.


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                                             11132            Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Rules and Regulations

                                                (xliv) Civil penalty for failure to obey             engaged in the business of supplying a                desist order has a civil penalty of
                                             a cease and desist order under the                      covered commodity to a retailer,                      $1,708.
                                             Canola and Rapeseed Research,                           codified at 7 U.S.C. 1638b(b)(2), has a                  (iii) Civil penalty for any person that
                                             Promotion, and Consumer Information                     maximum of $1,139 for each violation.                 causes harm to, or interferes with, an
                                             Act, codified at 7 U.S.C. 7448(e), has a                   (lv) Civil penalty for violations of the           animal used for the purposes of official
                                             maximum of $7,791. Each day the                         Dairy Research Program, codified at 7                 inspection by the Department, codified
                                             violation continues is a separate                       U.S.C. 4535 & 4510(b), has a maximum                  at 7 U.S.C. 2279e(a), has a maximum of
                                             violation.                                              of $2,442 for each violation.                         $14,177.
                                                (xlv) Civil penalty for violation of an                 (lvi) Civil penalty for a packer or                   (iv) Civil penalty for a violation of the
                                             order or regulation issued under the                    swine contractor violation, codified at 7             Swine Health Protection Act, codified at
                                             National Kiwifruit Research, Promotion,                 U.S.C. 193(b), has a maximum of                       7 U.S.C. 3805(a), has a maximum of
                                             and Consumer Information Act, codified                  $28,061.                                              $28,061.
                                             at 7 U.S.C. 7468(c)(1), has a minimum                      (lvii) Civil penalty for a livestock                  (v) Civil penalty for any person that
                                             of $780 and a maximum of $7,791 for                     market agency or dealer failure to                    violates the Plant Protection Act (PPA),
                                             each violation.                                         register, codified at 7 U.S.C. 203, has a             or that forges, counterfeits, or, without
                                                (xlvi) Civil penalty for failure to obey             maximum of $1,913 and not more than                   authority from the Secretary, uses,
                                             a cease and desist order under the                      $96 for each day the violation                        alters, defaces, or destroys any
                                             National Kiwifruit Research, Promotion,                 continues.                                            certificate, permit, or other document
                                             and Consumer Information Act, codified                     (lviii) Civil penalty for operating                provided for in the PPA, codified a 7
                                             at 7 U.S.C. 7468(e), has a maximum of                   without filing, or in violation of, a                 U.S.C. 7734(b)(1), has a maximum of the
                                             $780. Each day the violation continues                  stockyard rate schedule, or of a                      greater of: $70,881 in the case of any
                                             is a separate violation.                                regulation or order of the Secretary                  individual (except that the civil penalty
                                                (xlvii) Civil penalty for a violation of             made thereunder, codified at 7 U.S.C.                 may not exceed $1,417 in the case of an
                                             an order or regulation under the                        207(g), has a maximum of $1,913 and                   initial violation of the PPA by an
                                             Popcorn Promotion, Research, and                        not more than $96 for each day the                    individual moving regulated articles not
                                             Consumer Information Act, codified at 7                 violation continues.                                  for monetary gain), $354,402 in the case
                                             U.S.C. 7487(a), has a maximum of                           (lix) Civil penalty for a stockyard                of any other person for each violation,
                                             $1,558 for each violation.                              owner, livestock market agency, or                    $569,468 for all violations adjudicated
                                                (xlviii) Civil penalty for certain                   dealer, who engages in or uses any                    in a single proceeding if the violations
                                             violations under the Egg Products                       unfair, unjustly discriminatory, or                   do not include a willful violation, and
                                             Inspection Act, codified at 21 U.S.C.                   deceptive practice or device in                       $1,138,937 for all violations adjudicated
                                             1041(c)(1)(A), has a maximum of $8,977                  connection with determining whether                   in a single proceeding if the violations
                                             for each violation.                                     persons should be authorized to operate               include a willful violation; or twice the
                                                (xlix) Civil penalty for violation of an             at the stockyards, or with receiving,                 gross gain or gross loss for any violation,
                                             order or regulation issued under the                    marketing, buying, or selling on a                    forgery, counterfeiting, unauthorized us,
                                             Hass Avocado Promotion, Research, and                   commission basis or otherwise, feeding,               defacing, or destruction of a certificate,
                                             Information Act of 2000, codified at 7                  watering, holding, delivery, shipment,                permit, or other document provided for
                                             U.S.C. 7807(c)(1)(A)(i), has a minimum                  weighing, or handling of livestock,                   in the PPA that results in the person
                                             of $1,417 and a maximum of $14,177 for                  codified at 7 U.S.C. 213(b), has a                    deriving pecuniary gain or causing
                                             each violation.                                         maximum of $28,061.                                   pecuniary loss to another.
                                                (l) Civil penalty for failure to obey a                 (lx) Civil penalty for a stockyard                    (vi) Civil penalty for any person
                                             cease and desist order under the Hass                   owner, livestock market agency, or                    (except as provided in 7 U.S.C. 8309(d))
                                             Avocado Promotion, Research, and                        dealer, who knowingly fails to obey any               that violates the Animal Health
                                             Information Act of 2000, codified at 7                  order made under the provisions of 7                  Protection Act (AHPA), or that forges,
                                             U.S.C. 7807(e)(1), has a maximum of                     U.S.C. 211, 212, or 213, codified at 7                counterfeits, or, without authority from
                                             $14,177 for each offense. Each day the                  U.S.C. 215(a), has a maximum of $1,913.               the Secretary, uses, alters, defaces, or
                                             violation continues is a separate                          (lxi) Civil penalty for live poultry               destroys any certificate, permit, or other
                                             violation.                                              dealer violations, codified at 7 U.S.C.               document provided under the AHPA,
                                                (li) Civil penalty for violation of                  228b–2(b), has a maximum of $81,633.                  codified at 7 U.S.C. 8313(b)(1), has a
                                             certain provisions of the Livestock                        (lxii) Civil penalty for a violation,              maximum of the greater of: $68,027 in
                                             Mandatory Reporting Act of 1999,                        codified at 7 U.S.C. 86(c), has a                     the case of any individual, except that
                                             codified a 7 U.S.C. 1636b(a)(1), has a                  maximum of $274,235.                                  the civil penalty may not exceed $1,360
                                             maximum of $14,665 for each violation.                     (lxiii) Civil penalty for failure to               in the case of an initial violation of the
                                                (lii) Civil penalty for failure to obey a            comply with certain provisions of the                 AHPA by an individual moving
                                             cease and desist order under the                        U.S. Warehouse Act, codified at 7 U.S.C.              regulated articles not for monetary gain,
                                             Livestock Mandatory Reporting Act of                    254, has a maximum of $35,440 per                     $340,131 in the case of any other person
                                             1999, codified a 7 U.S.C. 1636b(g)(3),                  violation if an agricultural product is               for each violation, $569,468 for all
                                             has a maximum of $14,665 for each                       not involved in the violation.                        violations adjudicated in a single
                                             violation. Each day the violation                          (2) Animal and Plant Health                        proceeding if the violations do not
                                             continues is a separate violation.                      Inspection Service. (i) Civil penalty for             include a willful violation, and
                                                (liii) Civil penalty for failure to obey             a violation of the imported seed                      $1,138,937 for all violations adjudicated
                                             an order of the Secretary issued                        provisions of the Federal Seed Act,                   in a single proceeding if the violations
                                                                                                                                                           include a willful violation; or twice the
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                                             pursuant to the Dairy Product                           codified at 7 U.S.C. 1596(b), has a
                                             Mandatory Reporting program, codified                   minimum of $96 and a maximum of                       gross gain or gross loss for any violation,
                                             at 7 U.S.C. 1637b(c)(4)(D)(iii), has a                  $1,913.                                               forgery, counterfeiting, unauthorized
                                             maximum of $14,177 for each offense.                       (ii) Civil penalty for a violation of the          use, defacing, or destruction of a
                                                (liv) Civil penalty for a willful                    Animal Welfare Act, codified at 7 U.S.C.              certificate, permit, or other document
                                             violation of the Country of Origin                      2149(b), has a maximum of $11,390, and                provided under the AHPA that results
                                             Labeling program by a retailer or person                knowing failure to obey a cease and                   in the person’s deriving pecuniary gain


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                                                              Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Rules and Regulations                                           11133

                                             or causing pecuniary loss to another                    violating any other provision provided                   (vi) Civil penalty for a vendor
                                             person.                                                 that, in the exercise of due care, the                convicted of selling firearms,
                                                (vii) Civil penalty for any person that              violator should have known that the                   ammunition, explosive, or controlled
                                             violates certain regulations under the                  plant was taken, possessed, transported,              substances in exchange for food
                                             Agricultural Bioterrorism Protection Act                or sold in violation of any underlying                instruments, codified at 42 U.S.C.
                                             of 2002 regarding transfers of listed                   law, treaty, or regulation, has a                     1786(o)(1)(B) and 42 U.S.C.
                                             agents and toxins or possession and use                 maximum of $25,928 for each violation,                1786(o)(4)(B), has a maximum of
                                             of listed agents and toxins, codified at                as set forth at 16 U.S.C. 3373(a)(1) (but             $15,041 for each violation, except that
                                             7 U.S.C. 8401(i)(1), has a maximum of                   if the plant has a market value of less               the maximum penalty for violations
                                             $340,131 in the case of an individual                   than $350, and involves only the                      occurring during a single investigation
                                             and $680,262 in the case of any other                   transportation, acquisition, or receipt of            is $60,161.
                                             person.                                                 a plant taken or possessed in violation                  (4) Food Safety and Inspection
                                                (viii) Civil penalty for violation of the            of any law, treaty, or regulation of the              Service. (i) Civil penalty for certain
                                             Horse Protection Act, codified at 15                    United States, any Indian tribal law, any             violations under the Egg Products
                                             U.S.C. 1825(b)(1), has a maximum of                     foreign law, or any law or regulation of              Inspection Act, codified at 21 U.S.C.
                                             $5,612.                                                 any State, the penalty shall not exceed               1041(c)(1)(A), has a maximum of $8,977
                                                (ix) Civil penalty for failure to obey               the maximum provided for violation of                 for each violation.
                                             Horse Protection Act disqualification,                  said law, treaty, or regulation, or                      (ii) [Reserved]
                                             codified at 15 U.S.C. 1825(c), has a                    $25,928, whichever is less).                             (5) Forest Service. (i) Civil penalty for
                                             maximum of $10,969.                                        (xvi) Civil penalty for violating                  willful disregard of the prohibition
                                                (x) Civil penalty for knowingly                      section 3(f) of the Lacey Act                         against the export of unprocessed timber
                                             violating, or, if in the business as an                 Amendments of 1981, as set forth at 16                originating from Federal lands, codified
                                             importer or exporter, violating, with                   U.S.C. 3373(a)(2), has a maximum of                   at 16 U.S.C. 620d(c)(1)(A), has a
                                             respect to terrestrial plants, any                      $648.                                                 maximum of $923,831 per violation or
                                             provision of the Endangered Species Act                                                                       three times the gross value of the
                                                                                                        (3) Food and Nutrition Service. (i)
                                             of 1973, any permit or certificate issued                                                                     unprocessed timber, whichever is
                                                                                                     Civil penalty for violating a provision of
                                             thereunder, or any regulation issued                                                                          greater.
                                                                                                     the Food and Nutrition Act of 2008
                                             pursuant to section 9(a)(1)(A) through                                                                           (ii) Civil penalty for a violation in
                                                                                                     (Act), or a regulation under the Act, by
                                             (F), (a)(2)(A) through (D), (c), (d) (other                                                                   disregard of the Forest Resources
                                                                                                     a retail food store or wholesale food
                                             than regulations relating to record                                                                           Conservation and Shortage Relief Act or
                                                                                                     concern, codified at 7 U.S.C. 2021(a)
                                             keeping or filing reports), (f), or (g), as                                                                   the regulations that implement such Act
                                                                                                     and (c), has a maximum of $113,894 for
                                             set forth at 16 U.S.C. 1540(a)(1), has a                                                                      regardless of whether such violation
                                                                                                     each violation.
                                             maximum of $51,302 for each violation.                                                                        caused the export of unprocessed timber
                                                (xi) Civil penalty for knowingly                        (ii) Civil penalty for trafficking in food
                                                                                                                                                           originating from Federal lands, codified
                                             violating, or, if in the business as an                 coupons, codified at 7 U.S.C.
                                                                                                                                                           at 16 U.S.C. 620d(c)(2)(A)(i), has a
                                             importer or exporter, violating, with                   2021(b)(3)(B), has a maximum of
                                                                                                                                                           maximum of $138,575 per violation.
                                             respect to terrestrial plants, any other                $41,042 for each violation, except that                  (iii) Civil penalty for a person that
                                             regulation under the Endangered                         the maximum penalty for violations                    should have known that an action was
                                             Species Act of 1973, as set forth at 16                 occurring during a single investigation               a violation of the Forest Resources
                                             U.S.C. 1540(a)(1), has a maximum of                     is $73,906.                                           Conservation and Shortage Relief Act or
                                             $24,625 for each violation.                                (iii) Civil penalty for the sale of                the regulations that implement such Act
                                                (xii) Civil penalty for violating, with              firearms, ammunitions, explosives, or                 regardless of whether such violation
                                             respect to terrestrial plants, the                      controlled substances for coupons,                    caused the export of unprocessed timber
                                             Endangered Species Act of 1973, or any                  codified at 7 U.S.C. 2021(b)(3)(C), has a             originating from Federal lands, codified
                                             regulation, permit, or certificate issued               maximum of $36,953 for each violation,                at 16 U.S.C. 620d(c)(2)(A)(ii), has a
                                             thereunder, as set forth at 16 U.S.C.                   except that the maximum penalty for                   maximum of $92,383 per violation.
                                             1540(a)(1), has a maximum of $1,296 for                 violations occurring during a single                     (iv) Civil penalty for a willful
                                             each violation.                                         investigation is $73,906.                             violation of the Forest Resources
                                                (xiii) Civil penalty for knowingly and                  (iv) Civil penalty for any entity that             Conservation and Shortage Relief Act or
                                             willfully violating 49 U.S.C. 80502 with                submits a bid to supply infant formula                the regulations that implement such Act
                                             respect to the transportation of animals                to carry out the Special Supplemental                 regardless of whether such violation
                                             by any rail carrier, express carrier, or                Nutrition Program for Women, Infants                  caused the export of unprocessed timber
                                             common carrier (except by air or water),                and Children and discloses the amount                 originating from Federal lands, codified
                                             a receiver, trustee, or lessee of one of                of the bid, rebate, or discount practices             at 16 U.S.C. 620d(c)(2)(A)(iii), has a
                                             those carriers, or an owner or master of                in advance of the bid opening or for any              maximum of $923,831.
                                             a vessel, codified at 49 U.S.C. 80502(d),               entity that makes a statement prior to                   (v) Civil penalty for a violation
                                             has a minimum of $165 and a maximum                     the opening of bids for the purpose of                involving protections of caves, codified
                                             of $824.                                                influencing a bid, codified at 42 U.S.C.              at 16 U.S. C. 4307(a)(2), has a maximum
                                                (xiv) Civil penalty for a violation of               1786(h)(8)(H)(i), has a maximum of                    of $20,191.
                                             the Commercial Transportation of                        $173,951,364.                                            (6) [Reserved]
                                             Equine for Slaughter Act, 7 U.S.C. 1901                    (v) Civil penalty for a vendor                        (7) Federal Crop Insurance
                                             note, and its implementing regulations                  convicted of trafficking in food                      Corporation. (i) Civil penalty for any
                                                                                                     instruments, codified at 42 U.S.C.                    person who willfully and intentionally
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                                             in 9 CFR part 88, as set forth in 9 CFR
                                             88.6, has a maximum of $5000. Each                      1786(o)(1)(A) and 42 U.S.C.                           provides any false or inaccurate
                                             horse transported in violation of Part 88               1786(o)(4)(B), has a maximum of                       information to the Federal Crop
                                             is a separate violation.                                $15,041 for each violation, except that               Insurance Corporation or to an approved
                                                (xv) Civil penalty for knowingly                     the maximum penalty for violations                    insurance provider with respect to any
                                             violating section 3(d) or 3(f) of the Lacey             occurring during a single investigation               insurance plan or policy that is offered
                                             Act Amendments of 1981, or for                          is $60,161.                                           under the authority of the Federal Crop


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                                             11134            Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Rules and Regulations

                                             Insurance Act, or who fails to comply                   pertaining to flexible marketing                      Jeffrey Smutny, Regional Director,
                                             with a requirement of the Federal Crop                  allotments for sugar under section                    California Marketing Field Office,
                                             Insurance Corporation, codified at 7                    359h(b) of the Agricultural Adjustment                Marketing Order and Agreement
                                             U.S.C. 1515(h)(3)(A), has a maximum of                  Act of 1938, codified at 7 U.S.C.                     Division, Specialty Crops Program,
                                             the greater of: the amount of the                       1359hh(b), has a maximum of $11,390                   AMS, USDA; Telephone: (559) 487–
                                             pecuniary gain obtained as a result of                  for each violation.                                   5901, Fax: (559) 487–5906, or Email:
                                             the false or inaccurate information or                     (v) Civil penalty for knowing violation            PeterR.Sommers@ams.usda.gov or
                                             the noncompliance; or $11,984.                          of regulations promulgated by the                     Jeffrey.Smutny@ams.usda.gov.
                                                (ii) [Reserved]                                      Secretary pertaining to cotton insect                    Small businesses may request
                                                (8) Rural Housing Service. (i) Civil                 eradication under section 104(d) of the               information on complying with this and
                                             penalty for a violation of section 536 of               Agricultural Act of 1949, codified at 7               other marketing order regulations by
                                             Title V of the Housing Act of 1949,                     U.S.C. 1444a(d), has a maximum of                     viewing a guide at the following
                                             codified at 42 U.S.C. 1490p(e)(2), has a                $14,031 for each offense.                             website: http://www.ams.usda.gov/
                                             maximum of $196,387 in the case of an                      (11) Office of the Secretary. (i) Civil            rules-regulations/moa/small-businesses;
                                             individual, and a maximum of                            penalty for making, presenting,                       or by contacting Richard Lower,
                                             $1,963,870 in the case of an applicant                  submitting or causing to be made,                     Marketing Order and Agreement
                                             other than an individual.                               presented or submitted, a false,                      Division, Specialty Crops Program,
                                                (ii) Civil penalty for equity skimming               fictitious, or fraudulent claim as defined            AMS, USDA, 1400 Independence
                                             under section 543(a) of the Housing Act                 under the Program Fraud Civil                         Avenue SW, STOP 0237, Washington,
                                             of 1949, codified at 42 U.S.C.                          Remedies Act of 1986, codified at 31                  DC 20250–0237; Telephone: (202) 720–
                                             1490s(a)(2), has a maximum of $35,440.                  U.S.C. 3802(a)(1), has a maximum of                   2491, Fax: (202) 720–8938, or Email:
                                                (iii) Civil penalty under section 543b               $11,182.                                              Richard.Lower@ams.usda.gov.
                                             of the Housing Act of 1949 for a                           (ii) Civil penalty for making,
                                                                                                     presenting, submitting or causing to be               SUPPLEMENTARY INFORMATION: This
                                             violation of regulations or agreements
                                             made in accordance with Title V of the                  made, presented or submitted, a false,                action, pursuant to 5 U.S.C. 553,
                                             Housing Act of 1949, by submitting false                fictitious, or fraudulent written                     amends regulations issued to carry out
                                             information, submitting false                           statement as defined under the Program                a marketing order as defined in 7 CFR
                                             certifications, failing to timely submit                Fraud Civil Remedies Act of 1986,                     900.2(j). This rule is issued under
                                             information, failing to maintain real                   codified at 31 U.S.C. 3802(a)(2), has a               Marketing Agreement and Order No.
                                             property in good repair and condition,                  maximum of $11,182.                                   983, both as amended (7 CFR part 983),
                                             failing to provide acceptable                                                                                 regulating the handling of pistachios
                                                                                                       Dated: March 6, 2018.
                                             management for a project, or failing to                                                                       grown in California, Arizona, and New
                                                                                                     Stephen Censky,                                       Mexico. Part 983 (referred to as the
                                             comply with applicable civil rights                     Deputy Secretary, U.S. Department of
                                             statutes and regulations, codified at 42                                                                      ‘‘Order’’) is effective under the
                                                                                                     Agriculture.                                          Agricultural Marketing Agreement Act
                                             U.S.C. 1490s(b)(3)(A), has a maximum                    [FR Doc. 2018–04832 Filed 3–13–18; 8:45 am]
                                             of the greater of: twice the damages the                                                                      of 1937, as amended (7 U.S.C. 601–674),
                                             Department, guaranteed lender, or
                                                                                                     BILLING CODE 3410–90–P                                hereinafter referred to as the ‘‘Act.’’ The
                                             project that is secured for a loan under                                                                      Committee locally administers the
                                             Title V, suffered or would have suffered                                                                      Order and is comprised of growers and
                                                                                                     DEPARTMENT OF AGRICULTURE                             handlers of pistachios operating within
                                             as a result of the violation; or $70,881
                                             per violation.                                          Agricultural Marketing Service                        the area of production, and a public
                                                (9) [Reserved]                                                                                             member.
                                                (10) Commodity Credit Corporation.                   7 CFR Part 983                                           The Department of Agriculture
                                             (i) Civil penalty for willful failure or                                                                      (USDA) is issuing this rule in
                                                                                                     [Docket No. AMS–SC–17–0048; SC17–983–                 conformance with Executive Orders
                                             refusal to furnish information, or willful
                                                                                                     2 FIR]                                                13563 and 13175. This rule falls within
                                             furnishing of false information under of
                                             section 156 of the Federal Agricultural                                                                       a category of regulatory actions that the
                                                                                                     Pistachios Grown in California,
                                             Improvement and Reform Act of 1996,                                                                           Office of Management and Budget
                                                                                                     Arizona, and New Mexico; Decreased
                                             codified at 7 U.S.C. 7272(g)(5), has a                                                                        (OMB) exempted from Executive Order
                                                                                                     Assessment Rate
                                             maximum of $15,582 for each violation.                                                                        12866 review. Additionally, because
                                                (ii) Civil penalty for willful failure or            AGENCY:  Agricultural Marketing Service,              this rule does not meet the definition of
                                             refusal to furnish information or willful               USDA.                                                 a significant regulatory action, it does
                                             furnishing of false data by a processor,                ACTION: Final rule.                                   not trigger the requirements contained
                                             refiner, or importer of sugar, syrup and                                                                      in Executive Order 13771. See OMB’s
                                             molasses under section 156 of the                       SUMMARY:  The Department of                           Memorandum titled ‘‘Interim Guidance
                                             Federal Agriculture Improvement and                     Agriculture adopts as final, without                  Implementing Section 2 of the Executive
                                             Reform Act of 1996, codified at 7 U.S.C.                change, an interim rule that                          Order of January 30, 2017, titled
                                             7272(g)(5), has a maximum of $15,582                    implemented a recommendation from                     ‘Reducing Regulation and Controlling
                                             for each violation.                                     the Administrative Committee for                      Regulatory Costs’ ’’ (February 2, 2017).
                                                (iii) Civil penalty for filing a false               Pistachios (Committee) to decrease the                   Under the Order, pistachio handlers
                                             acreage report that exceeds tolerance                   assessment rate established for the                   in California, Arizona, and New Mexico
                                             under section 156 of the Federal                        2017–18 and subsequent production                     are subject to assessments, which
                                                                                                     years and administrative revisions to the             provide funds to administer the Order.
daltland on DSKBBV9HB2PROD with RULES




                                             Agriculture Improvement and Reform
                                             Act of 1996, codified at 7 U.S.C.                       subpart headings to bring the language                Assessment rates issued under the
                                             7272(g)(5), has a maximum of $15,582                    into conformance with the Office of                   Order are intended to be applicable to
                                             for each violation.                                     Federal Register requirements.                        all assessable pistachios for the entire
                                                (iv) Civil penalty for knowingly                     DATES: Effective March 15, 2018.                      production year, and continue
                                             violating any regulation of the Secretary               FOR FURTHER INFORMATION CONTACT:                      indefinitely until amended, suspended,
                                             of the Commodity Credit Corporation                     Peter Sommers, Marketing Specialist, or               or terminated. The Committee’s


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Document Created: 2018-03-14 01:06:38
Document Modified: 2018-03-14 01:06:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective March 14, 2018.
ContactHeather Self, Esq., OGC, USDA, Room 3311-S, 1400 Independence Avenue SW, Washington, DC 20250-1400, (202) 720-5840.
FR Citation83 FR 11129 
RIN Number0510-AA04
CFR AssociatedAdministrative Practice and Procedure; Debt Management and Penalties

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