Inflation Catch-Up Adjustment of Civil Monetary Penalty Amounts, 57331-57336 [2017-26194]
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Rules and Regulations
Federal Register
Vol. 82, No. 232
Tuesday, December 5, 2017
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.
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 3
RIN 0510–AA04
Inflation Catch-Up Adjustment of Civil
Monetary Penalty Amounts
Office of the Secretary, USDA.
Final rule.
AGENCY:
ACTION:
This final rule amends
USDA’s civil monetary penalty
regulations by making inflation
adjustments as mandated by the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015. USDA also
removes one obsolete civil monetary
penalty (CMP) regulation previously
authorized under a statute that is no
longer current law.
DATES: Effective December 5, 2017.
FOR FURTHER INFORMATION CONTACT:
Heather Self, Esq., OGC, USDA, Room
3311–S, 1400 Independence Avenue
SW., Washington, DC 20250–1400, (202)
720–5840.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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I. Background
On November 2, 2015, the President
signed into law the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (the 2015
Act), which further amended the
Federal Civil Penalties Inflation
Adjustment Act of 1990 (the Inflation
Adjustment Act), to improve the
effectiveness of CMPs and to maintain
their deterrent effect. The 2015 Act
requires agencies to:
(1) Adjust the level of CMPs with an
initial ‘‘catch-up’’ adjustment through a
final rulemaking (FR); and
(2) Make subsequent annual
adjustments for inflation.
Previously, the Inflation Adjustment
Act required agencies to adjust CMP
levels every 4 years based on the
percentage by which the Consumer
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Price Index (CPI) for the month of June
of the prior calendar year exceeded the
CPI for the month of June of the
calendar year during which the last
adjustment was made. The Inflation
Adjustment Act also capped the
increase for each adjustment at 10
percent and rounded the adjustment
based on the size of the penalty (for
example, multiple of $10 in the case of
penalties less than or equal to $100).
The rounding process meant that
penalties would often not be increased
at all if the inflation factor was not large
enough. Furthermore, the cap on
increases of 10 percent in tandem with
the rounding meant that the formula
over time caused penalties to lose value
relative to total inflation. The 2015 Act
updates these requirements by
prescribing that agencies make annual
adjustments for inflation based on the
CPI for the month of October and round
to the nearest dollar after an initial
adjustment.
In order to eliminate the inconsistent
changes caused by the prior method, the
2015 Act resets the inflation adjustment
by excluding prior inflationary
adjustments under the Inflation
Adjustment Act, which contributed to a
decline in the real value of penalty
levels. To do this, the 2015 Act provides
that the initial adjustment will be the
percentage by which the CPI for the
month of October 2015 exceeds that of
the month of October of the calendar
year during which the amount of the
CMP was originally established or
otherwise adjusted under a provision of
law other than the Inflation Adjustment
Act. While the 2015 Act does not
provide a cap on adjustments going
forward, the initial adjustment under
the 2015 Act does limit large CMP
increases by providing that no initial
adjustments may exceed 150 percent of
the amount of the CMP as of the date the
2015 Act was enacted, November 2,
2015. Lastly, the 2015 Act requires that
agencies publish a final rule with the
initial adjustment by July 1, 2016, and
have the adjustments take effect no later
than August 1, 2016. The initial
adjustment under the 2015 Act also
provides that, following public
comment, the head of an agency may
reduce the required increase if the
agency head determines that the
increase will have a negative economic
impact or the social costs of the increase
outweigh the benefits and the Director
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of the Office of Management and Budget
concurs.
II. CMPs Affected by This Final Rule
Several USDA agencies administer
laws that provide for the imposition of
CMPs being adjusted by this final rule.
Those agencies are:
(1) Agricultural Marketing Service;
(2) Animal and Plant Health
Inspection Service;
(3) Food and Nutrition Service;
(4) Food Safety and Inspection
Service;
(5) Forest Service;
(6) Grain Inspection, Packers and
Stockyards Administration;
(7) Federal Crop Insurance
Corporation;
(8) Rural Housing Service,
(9) Farm Service Agency,
(10) Commodity Credit Corporation,
and
(11) Office of the Secretary.
The CMPs in this final rule are listed
according to the applicable
administering agency.
III. Waiver of Proposed Rulemaking
In developing this final rule, we are
waiving the usual notice of proposed
rulemaking and public comment
procedures contained in 5 U.S.C. 553.
We have determined that, under 5
U.S.C. 553(b)(3)(B), good cause exists for
dispensing with the notice of proposed
rulemaking and public comment
procedures for this rule. Specifically the
rulemaking comports with and is
consistent with the statutory authority
required by Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015, as amended, with no issue
of policy discretion. Accordingly, we
have determined that opportunity for
prior comment is unnecessary and
contrary to the public interest, and we
are issuing this revised regulation as a
final rule that will apply to all future
cases.
IV. Procedural Requirements
Executive Order 12866
The Office of Management and Budget
(OMB) has reviewed this regulatory
action in accordance with the
provisions of Executive Order 12866,
Regulatory Planning and Review, and
has determined that it does not meet the
criteria for significant regulatory action.
Additionally, because this rule does not
meet the definition of a significant
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regulatory action, it does not trigger the
requirements contained in Executive
Order 13771. See OMB’s Memorandum
titled ‘‘Interim Guidance Implementing
Section 2 of the Executive Order of
January 30, 2017, titled ‘Reducing
Regulation and Controlling Regulatory
Costs’ ’’ (February 2, 2017).
As indicated above, the provisions of
this final rulemaking contain inflation
adjustments in compliance with the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015. The great majority of individuals,
organizations, and entities affected
participating in the programs affected by
this regulation do not engage in
prohibited activities and practices that
would result in civil monetary penalties
being incurred. Accordingly, we believe
that any aggregate economic impact of
this revised regulation will be minimal,
affecting only the limited number of
program participants that may engage in
prohibited behavior in violation of the
statutes.
Regulatory Flexibility Act
The provisions of the Regulatory
Flexibility Act relating to an initial and
final regulatory flexibility analysis (5
U.S.C. 603, 604) are not applicable to
this final rule because USDA was not
required to publish notice of proposed
rulemaking under 5 U.S.C. 553 or any
other law. Accordingly, a regulatory
flexibility analysis is not required.
Paperwork Reduction Act
This final rule imposes no new
reporting or recordkeeping requirements
necessitating clearance by OMB.
List of Subjects in 7 CFR Part 3
Administrative practice and
procedure, Debt management, Penalties.
For the reasons set forth in the
preamble, USDA amends 7 CFR part 3
as follows:
PART 3—DEBT MANAGEMENT
Subpart I—Adjusted Civil Monetary
Penalties
1. The authority citation for subpart I
continues to read as follows:
■
Authority: 28 U.S.C. 2461 note.
2. Revise § 3.91(a)(1), (2) and (b) to
read as follows:
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■
§ 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
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Adjustment Act Improvements Act of
2015, as amended.
(2) Timing. Any increase in the dollar
amount of a civil monetary penalty
listed in paragraph (b) of this section
applies only to violations occurring after
December 5, 2017.
*
*
*
*
*
(b) Penalties.—(1) Agricultural
Marketing Service—(i) Civil penalty for
improper recordkeeping, codified at 7
U.S.C. 136i–1(d), has: A maximum of
$905 in the case of the first offense, and
a minimum of $1,759 in the case of
subsequent offenses, except that the
penalty will be less than $1,759 if the
Secretary determines that the person
made a good faith effort to comply.
(ii) Civil penalty for a violation of the
unfair conduct rule under the Perishable
Agricultural Commodities Act, in lieu of
license revocation or suspension,
codified at 7 U.S.C. 499b(5), has a
maximum of $4,928.
(iii) Civil penalty for violation of the
licensing requirements under the
Perishable Agricultural Commodities
Act, codified at 7 U.S.C. 499c(a), has a
maximum of $1,573 for each such
offense and not more than $393 for each
day it continues, or a maximum of $393
for each offense if the Secretary
determines the violation was not
willful.
(iv) Civil penalty in lieu of license
suspension under the Perishable
Agricultural Commodities Act, codified
at 7 U.S.C. 499h(e), has a maximum
penalty of $3,145 for each violative
transaction or each day the violation
continues.
(v) Civil penalty for a violation of the
Export Apple Act, codified at 7 U.S.C.
586, has a minimum of $144 and a
maximum of $14,372.
(vi) Civil penalty for a violation of the
Export Grape and Plum Act, codified at
7 U.S.C. 596, has a minimum of $275
and a maximum of $27,500.
(vii) Civil penalty for a violation of an
order issued by the Secretary under the
Agricultural Adjustment Act, reenacted
with amendments by the Agricultural
Marketing Agreement Act of 1937,
codified at 7 U.S.C. 608c(14)(B), has a
maximum of $2,750. Each day the
violation continues is a separate
violation.
(viii) Civil penalty for failure to file
certain reports under the Agricultural
Adjustment Act, reenacted by the
Agricultural Marketing Agreement Act
of 1937, codified at 7 U.S.C. 610(c), has
a maximum of $275.
(ix) Civil penalty for a violation of a
seed program under the Federal Seed
Act, codified at 7 U.S.C. 1596(b), has a
minimum of $94 and a maximum of
$1,875.
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(x) Civil penalty for failure to collect
any assessment or fee for a violation of
the Cotton Research and Promotion Act,
codified at 7 U.S.C. 2112(b), has a
maximum of $2,750.
(xi) Civil penalty for failure to pay,
collect, or remit any assessment or fee
for a violation of a program under the
Potato Research and Promotion Act,
codified at 7 U.S.C. 2621(b)(1), has a
minimum of $1,232 and a maximum of
$12,319.
(xii) Civil penalty for failure to obey
a cease and desist order under the
Potato Research and Promotion Act,
codified at 7 U.S.C. 2621(b)(3), has a
maximum of $1,232. Each day the
violation continues is a separate
violation.
(xiii) Civil penalty for failure to pay,
collect, or remit any assessment or fee
or for a violation of a program under the
Egg Research and Consumer Information
Act, codified at 7 U.S.C. 2714(b)(1), has
a minimum of $1,425 and a maximum
of $14,023.
(xiv) Civil penalty for failure to obey
a cease and desist order under the Egg
Research and Consumer Information
Act, codified at 7 U.S.C. 2714(b)(3), has
a maximum of $1,425. Each day the
violation continues is a separate
violation.
(xv) Civil penalty for failure to remit
any assessment or fee or for a violation
of a program under the Beef Research
and Information Act, codified at 7
U.S.C. 2908(a)(2), has a maximum of
$11,119.
(xvi) Civil penalty for failure to remit
any assessment or for a violation of a
program regarding wheat and wheat
foods research, codified at 7 U.S.C.
3410(b), has a maximum of $2,750.
(xvii) Civil penalty for failure to pay,
collect, or remit any assessment or fee
or for a violation of a program under the
Floral Research and Consumer
Information Act, codified at 7 U.S.C.
4314(b)(1), has a minimum of $1,294
and a maximum of $12,941.
(xviii) Civil penalty for failure to obey
a cease and desist order under the Floral
Research and Consumer Information
Act, codified at 7 U.S.C. 4314(b)(3), has
a maximum of $1,294. Each day the
violation continues is a separate
violation.
(xix) Civil penalty for violation of an
order under the Dairy Promotion
Program, codified at 7 U.S.C. 4510(b),
has a maximum of $2,393.
(xx) Civil penalty for pay, collect, or
remit any assessment or fee or for a
violation of the Honey Research,
Promotion, and Consumer Information
Act, codified at 7 U.S.C. 4610(b)(1), has
a minimum of $737 and a maximum of
$7,370.
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(xxi) Civil penalty for failure to obey
a cease and desist order under the
Honey Research, Promotion, and
Consumer Information Act, codified at 7
U.S.C. 4610(b)(3), has a maximum of
$737. Each day the violation continues
is a separate violation.
(xxii) Civil penalty for a violation of
a program under the Pork Promotion,
Research, and Consumer Information
Act of 1985, codified at 7 U.S.C.
4815(b)(1)(A)(i), has a maximum of
$2,224.
(xxiii) Civil penalty for failure to obey
a cease and desist order under the Pork
Promotion, Research, and Consumer
Information Act of 1985, codified at 7
U.S.C. 4815(b)(3)(A), has a maximum of
$1,112. Each day the violation continues
is a separate violation.
(xxiv) Civil penalty for failure to pay,
collect, or remit any assessment or fee
or for a violation of a program under the
Watermelon Research and Promotion
Act, codified at 7 U.S.C. 4910(b)(1), has
a minimum of $1,112 and a maximum
of $11,119.
(xxv) Civil penalty for failure to obey
a cease and desist order under the
Watermelon Research and Promotion
Act, codified at 7 U.S.C. 4910(b)(3), has
a maximum of $1,112. Each day the
violation continues is a separate
violation.
(xxvi) Civil penalty for failure to pay,
collect, or remit any assessment or fee
or for a violation of a program under the
Pecan Promotion and Research Act of
1990, codified at 7 U.S.C. 6009(c)(1), has
a minimum of $1,811 and a maximum
of $18,107.
(xxvii) Civil penalty for failure to obey
a cease and desist order under the Pecan
Promotion and Research Act of 1990,
codified at 7 U.S.C. 6009(e), has a
maximum of $1,811.
(xxviii) Civil penalty for failure to
pay, collect, or remit any assessment or
fee or for a violation of a program under
the Mushroom Promotion, Research,
and Consumer Information Act of 1990,
codified at 7 U.S.C. 6107(c)(1), has a
minimum of $880 and a maximum of
$8,797.
(xxix) Civil penalty for failure to obey
a cease and desist order under the
Mushroom Promotion, Research, and
Consumer Information Act of 1990,
codified at 7 U.S.C. 6107(e), has a
maximum of $880. Each day the
violation continues is a separate
violation.
(xxx) Civil penalty for failure to pay,
collect, or remit any assessment or fee
or for a violation of the Lime Research,
Promotion, and Consumer Information
Act of 1990, codified at 7 U.S.C.
6207(c)(1), has a minimum of $880 and
a maximum of $8,797.
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(xxxi) Civil penalty for failure to obey
a cease and desist order under the Lime
Research, Promotion, and Consumer
Information Act of 1990, codified at 7
U.S.C. 6207(e), has a maximum of $880.
Each day the violation continues is a
separate violation.
(xxxii) Civil penalty for failure to pay,
collect, or remit any assessment or fee
or for a violation of a program under the
Soybean Promotion, Research, and
Consumer Information Act, codified a 7
U.S.C. 6307(c)(1)(A), has a maximum of
$1,811.
(xxxiii) Civil penalty for failure to
obey a cease and desist order under the
Soybean Promotion, Research, and
Consumer Information Act, codified at 7
U.S.C. 6307(e), has a maximum of
$9,054. Each day the violation continues
is a separate violation.
(xxxiv) Civil penalty for failure to pay,
collect, or remit any assessment or fee
or for a violation of a program under the
Fluid Milk Promotion Act of 1990,
codified at 7 U.S.C. 6411(c)(1)(A), has a
minimum of $880 and a maximum of
$8,797, or in the case of a violation that
is willful, codified at 7 U.S.C.
6411(c)(1)(B), has a minimum of
$17,593 and a maximum of $175,931.
(xxxv) Civil penalty for failure to obey
a cease and desist order under the Fluid
Milk Promotion Act of 1990, codified at
7 U.S.C. 6411(e), has a maximum of
$9,054. Each day the violation continues
is a separate violation.
(xxxvi) Civil penalty for knowingly
labeling or selling a product as organic
except in accordance with the Organic
Foods Production Act of 1990, codified
at 7 U.S.C. 6519(c), has a maximum of
$17,593.
(xxxvii) Civil penalty for failure to
pay, collect, or remit any assessment or
fee or for a violation of a program under
the Fresh Cut Flowers and Fresh Cut
Greens Promotion and Information Act
of 1993, codified at 7 U.S.C.
6808(c)(1)(A)(i), has a minimum of $830
and a maximum of $8,295.
(xxxviii) Civil penalty for failure to
obey a cease and desist order under the
Fresh Cut Flowers and Fresh Cut Greens
Promotion and Information Act of 1993,
codified at 7 U.S.C. 6808(e)(1), has a
maximum of $8,295. Each day the
violation continues is a separate
violation.
(xxxix) Civil penalty for a violation of
a program under the Sheep Promotion,
Research, and Information Act of 1994,
codified at 7 U.S.C. 7107(c)(1)(A), has a
maximum of $1,617.
(xl) Civil penalty for failure to obey a
cease and desist order under the Sheep
Promotion, Research, and Information
Act of 1994, codified at 7 U.S.C. 7107(e),
has a maximum of $808. Each day the
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violation continues is a separate
violation.
(xli) Civil penalty for a violation of an
order or regulation issued under the
Commodity Promotion, Research, and
Information Act of 1996, codified at 7
U.S.C. 7419(c)(1), has a minimum of
$1,527 and a maximum of $15,270 for
each violation.
(xlii) Civil penalty for failure to obey
a cease and desist order under the
Commodity Promotion, Research, and
Information Act of 1996, codified at 7
U.S.C. 7419(e), has a minimum of
$1,527 and a maximum of $15,270. Each
day the violation continues is a separate
violation.
(xliii) Civil penalty for a violation of
an order or regulation issued under the
Canola and Rapeseed Research,
Promotion, and Consumer Information
Act, codified at 7 U.S.C. 7448(c)(1)(A)(i),
has a maximum of $1,527 for each
violation.
(xliv) Civil penalty for failure to obey
a cease and desist order under the
Canola and Rapeseed Research,
Promotion, and Consumer Information
Act, codified at 7 U.S.C. 7448(e), has a
maximum of $7,635. Each day the
violation continues is a separate
violation.
(xlv) Civil penalty for violation of an
order or regulation issued under the
National Kiwifruit Research, Promotion,
and Consumer Information Act, codified
at 7 U.S.C. 7468(c)(1), has a minimum
of $764 and a maximum of $7,635 for
each violation.
(xlvi) Civil penalty for failure to obey
a cease and desist order under the
National Kiwifruit Research, Promotion,
and Consumer Information Act, codified
at 7 U.S.C. 7468(e), has a maximum of
$764. Each day the violation continues
is a separate violation.
(xlvii) Civil penalty for a violation of
an order or regulation under the
Popcorn Promotion, Research, and
Consumer Information Act, codified at 7
U.S.C. 7487(a), has a maximum of
$1,527 for each violation.
(xlviii) Civil penalty for certain
violations under the Egg Products
Inspection Act, codified at 21 U.S.C.
1041(c)(1)(A), has a maximum of $8,797
for each violation.
(xlix) Civil penalty for violation of an
order or regulation issued under the
Hass Avocado Promotion, Research, and
Information Act of 2000, codified at 7
U.S.C. 7807(c)(1)(A)(i), has a minimum
of $1,389 and a maximum of $13,893 for
each violation.
(l) Civil penalty for failure to obey a
cease and desist order under the Hass
Avocado Promotion, Research, and
Information Act of 2000, codified at 7
U.S.C. 7807(e)(1), has a maximum of
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$13,893 for each offense. Each day the
violation continues is a separate
violation.
(li) Civil penalty for violation of
certain provisions of the Livestock
Mandatory Reporting Act of 1999,
codified a 7 U.S.C. 1636b(a)(1), has a
maximum of $14,372 for each violation.
(lii) Civil penalty for failure to obey a
cease and desist order under the
Livestock Mandatory Reporting Act of
1999, codified a 7 U.S.C. 1636b(g)(3),
has a maximum of $14,372 for each
violation. Each day the violation
continues is a separate violation.
(liii) Civil penalty for failure to obey
an order of the Secretary issued
pursuant to the Dairy Product
Mandatory Reporting program, codified
at 7 U.S.C. 1637b(c)(4)(D)(iii), has a
maximum of $13,893 for each offense.
(liv) Civil penalty for a willful
violation of the Country of Origin
Labeling program by a retailer or person
engaged in the business of supplying a
covered commodity to a retailer,
codified at 7 U.S.C. 1638b(b)(2), has a
maximum of $1,116 for each violation.
(lv) Civil penalty for violations of the
Dairy Research Program, codified at 7
U.S.C. 4535 & 4510(b), has a maximum
of $2,393 for each violation.
(2) Animal and Plant Health
Inspection Service—(i) Civil penalty for
a violation of the imported seed
provisions of the Federal Seed Act,
codified at 7 U.S.C. 1596(b), has a
minimum of $94 and a maximum of
$1,875.
(ii) Civil penalty for a violation of the
Animal Welfare Act, codified at 7 U.S.C.
2149(b), has a maximum of $11,162, and
knowing failure to obey a cease and
desist order has a civil penalty of
$1,674.
(iii) Civil penalty for any person that
causes harm to, or interferes with, an
animal used for the purposes of official
inspection by the Department, codified
at 7 U.S.C. 2279e(a), has a maximum of
$13,893.
(iv) Civil penalty for a violation of the
Swine Health Protection Act, codified at
7 U.S.C. 3805(a), has a maximum of
$27,500.
(v) Civil penalty for any person that
violates the Plant Protection Act (PPA),
or that forges, counterfeits, or, without
authority from the Secretary, uses,
alters, defaces, or destroys any
certificate, permit, or other document
provided for in the PPA, codified a 7
U.S.C. 7734(b)(1), has a maximum of the
greater of: $69,463 in the case of any
individual (except that the civil penalty
may not exceed $1,389 in the case of an
initial violation of the PPA by an
individual moving regulated articles not
for monetary gain), $347,313 in the case
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of any other person for each violation,
$558,078 for all violations adjudicated
in a single proceeding if the violations
do not include a willful violation, and
$1,116,156 for all violations adjudicated
in a single proceeding if the violations
include a willful violation; or twice the
gross gain or gross loss for any violation,
forgery, counterfeiting, unauthorized us,
defacing, or destruction of a certificate,
permit, or other document provided for
in the PPA that results in the person
deriving pecuniary gain or causing
pecuniary loss to another.
(vi) Civil penalty for any person
(except as provided in 7 U.S.C. 8309(d))
that violates the Animal Health
Protection Act (AHPA), or that forges,
counterfeits, or, without authority from
the Secretary, uses, alters, defaces, or
destroys any certificate, permit, or other
document provided under the AHPA,
codified at 7 U.S.C. 8313(b)(1), has a
maximum of the greater of: $66,666 in
the case of any individual, except that
the civil penalty may not exceed $1,333
in the case of an initial violation of the
AHPA by an individual moving
regulated articles not for monetary gain,
$333,328 in the case of any other person
for each violation, $558,078 for all
violations adjudicated in a single
proceeding if the violations do not
include a willful violation, and
$1,116,156 for all violations adjudicated
in a single proceeding if the violations
include a willful violation; or twice the
gross gain or gross loss for any violation,
forgery, counterfeiting, unauthorized
use, defacing, or destruction of a
certificate, permit, or other document
provided under the AHPA that results
in the person’s deriving pecuniary gain
or causing pecuniary loss to another
person.
(vii) Civil penalty for any person that
violates certain regulations under the
Agricultural Bioterrorism Protection Act
of 2002 regarding transfers of listed
agents and toxins or possession and use
of listed agents and toxins, codified at
7 U.S.C. 8401(i)(1), has a maximum of
$333,328 in the case of an individual
and $666,656 in the case of any other
person.
(viii) Civil penalty for violation of the
Horse Protection Act, codified at 15
U.S.C. 1825(b)(1), has a maximum of
$5,500.
(ix) Civil penalty for failure to obey
Horse Protection Act disqualification,
codified at 15 U.S.C. 1825(c), has a
maximum of $10,750.
(x) Civil penalty for knowingly
violating, or, if in the business as an
importer or exporter, violating, with
respect to terrestrial plants, any
provision of the Endangered Species Act
of 1973, any permit or certificate issued
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thereunder, or any regulation issued
pursuant to section 9(a)(1)(A) through
(F), (a)(2)(A) through (D), (c), (d) (other
than regulations relating to record
keeping or filing reports), (f), or (g) of
the Endangered Species Act of 1973 (16
U.S.C. 1538(a)(1)(A) through (F),
(a)(2)(A) through (D), (c), (d), (f), and
(g)), as set forth at 16 U.S.C. 1540(a), has
a maximum of $50,277.
(xi) Civil penalty for knowingly
violating, or, if in the business as an
importer or exporter, violating, with
respect to terrestrial plants, any other
regulation under the Endangered
Species Act of 1973, as set forth at 16
U.S.C. 1540(a), has a maximum of
$24,133.
(xii) Civil penalty for violation, with
respect to terrestrial plants, of the
Endangered Species Act of 1973, or any
regulation, permit, or certificate issued
thereunder, as set forth at 16 U.S.C.
1540(a), has a maximum of $1,801.
(xiii) Civil penalty for knowingly and
willfully violating 49 U.S.C. 80502 with
respect to the transportation of animals
by any rail carrier, express carrier, or
common carrier (except by air or water),
a receiver, trustee, or lessee of one of
those carriers, or an owner or master of
a vessel, codified at 49 U.S.C. 80502(d),
has a minimum of $162 and a maximum
of $808.
(xiv) Civil penalty for a violation of
the Commercial Transportation of
Equine for Slaughter Act, 7 U.S.C. 1901
note, and its implementing regulations
in 9 CFR part 88, as set forth in 9 CFR
88.6, has a maximum of $5000. Each
horse transported in violation of Part 88
is a separate violation.
(3) Food and Nutrition Service—(i)
Civil penalty for violating a provision of
the Food and Nutrition Act of 2008
(Act), or a regulation under the Act, by
a retail food store or wholesale food
concern, codified at 7 U.S.C. 2021(a)
and (c), has a maximum of $111,616 for
each violation.
(ii) Civil penalty for trafficking in food
coupons, codified at 7 U.S.C.
2021(b)(3)(B), has a maximum of
$39,574 for each violation, except that
the maximum penalty for violations
occurring during a single investigation
is $71,262.
(iii) Civil penalty for the sale of
firearms, ammunitions, explosives, or
controlled substances for coupons,
codified at 7 U.S.C. 2021(b)(3)(C), has a
maximum of $40,221 for each violation,
except that the maximum penalty for
violations occurring during a single
investigation is $72,428.
(iv) Civil penalty for any entity that
submits a bid to supply infant formula
to carry out the Special Supplemental
Nutrition Program for Women, Infants
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and Children and discloses the amount
of the bid, rebate, or discount practices
in advance of the bid opening or for any
entity that makes a statement prior to
the opening of bids for the purpose of
influencing a bid, codified at 42 U.S.C.
1786(h)(8)(H)(i), has a maximum of
$170,472,030.
(v) Civil penalty for a vendor
convicted of trafficking in food
instruments, codified at 42 U.S.C.
1786(o)(1)(A) and 42 U.S.C.
1786(o)(4)(B), has a maximum of
$14,740 for each violation, except that
the maximum penalty for violations
occurring during a single investigation
is $58,958.
(vi) Civil penalty for a vendor
convicted of selling firearms,
ammunition, explosive, or controlled
substances in exchange for food
instruments, codified at 42 U.S.C.
1786(o)(1)(B) and 42 U.S.C.
1786(o)(4)(B), has a maximum of
$14,740 for each violation, except that
the maximum penalty for violations
occurring during a single investigation
is $58,958.
(4) Food Safety and Inspection
Service—(i) Civil penalty for certain
violations under the Egg Products
Inspection Act, codified at 21 U.S.C.
1041(c)(1)(A), has a maximum of $8,797
for each violation.
(ii) [Reserved]
(5) Forest Service—(i) Civil penalty
for willful disregard of the prohibition
against the export of unprocessed timber
originating from Federal lands, codified
at 16 U.S.C. 620d(c)(1)(A), has a
maximum of $905,353 per violation or
three times the gross value of the
unprocessed timber, whichever is
greater.
(ii) Civil penalty for a violation in
disregard of the Forest Resources
Conservation and Shortage Relief Act or
the regulations that implement such Act
regardless of whether such violation
caused the export of unprocessed timber
originating from Federal lands, codified
at 16 U.S.C. 620d(c)(2)(A)(i), has a
maximum of $135,803 per violation.
(iii) Civil penalty for a person that
should have known that an action was
a violation of the Forest Resources
Conservation and Shortage Relief Act or
the regulations that implement such Act
regardless of whether such violation
caused the export of unprocessed timber
originating from Federal lands, codified
at 16 U.S.C. 620d(c)(2)(A)(ii), has a
maximum of $90,535 per violation.
(iv) Civil penalty for a willful
violation of the Forest Resources
Conservation and Shortage Relief Act or
the regulations that implement such Act
regardless of whether such violation
caused the export of unprocessed timber
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originating from Federal lands, codified
at 16 U.S.C. 620d(c)(2)(A)(iii), has a
maximum of $905,353.
(v) Civil penalty for a violation
involving protections of caves, codified
at 16 U.S. C. 4307(a)(2), has a maximum
of $19,787.
(6) Grain Inspection, Packers and
Stockyards Administration—(i) Civil
penalty for a packer or swine contractor
violation, codified at 7 U.S.C. 193(b),
has a maximum of $27,500.
(ii) Civil penalty for a livestock
market agency or dealer failure to
register, codified at 7 U.S.C. 203, has a
maximum of $1,875 and not more than
$94 for each day the violation
continues.
(iii) Civil penalty for operating
without filing, or in violation of, a
stockyard rate schedule, or of a
regulation or order of the Secretary
made thereunder, codified at 7 U.S.C.
207(g), has a maximum of $1,875 and
not more than $94 for each day the
violation continues.
(iv) Civil penalty for a stockyard
owner, livestock market agency, and
dealer violation, codified at 7 U.S.C.
213(b), has a maximum of $27,500.
(v) Civil penalty for a stockyard
owner, livestock market agency, and
dealer compliance order, codified at 7
U.S.C. 215(a), has a maximum of $1,875.
(vi) Civil penalty for live poultry
dealer violations, codified at 7 U.S.C.
228b–2(b), has a maximum of $80,000.
(vii) Civil penalty for a violation,
codified at 7 U.S.C. 86(c), has a
maximum of $268,750.
(7) Federal Crop Insurance
Corporation—(i) Civil penalty for any
person who willfully and intentionally
provides any false or inaccurate
information to the Federal Crop
Insurance Corporation or to an approved
insurance provider with respect to any
insurance plan or policy that is offered
under the authority of the Federal Crop
Insurance Act, or who fails to comply
with a requirement of the Federal Crop
Insurance Corporation, codified at 7
U.S.C. 1515(h)(3)(A), has a maximum of
the greater of: The amount of the
pecuniary gain obtained as a result of
the false or inaccurate information or
the noncompliance; or $11,744.
(ii) [Reserved]
(8) Rural Housing Service—(i) Civil
penalty for a violation of section 536 of
Title V of the Housing Act of 1949,
codified at 42 U.S.C. 1490p(e)(2), has a
maximum of $192,459 in the case of an
individual, and a maximum of
$1,924,589 in the case of an applicant
other than an individual.
(ii) Civil penalty for equity skimming
under section 543(a) of the Housing Act
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57335
of 1949, codified at 42 U.S.C.
1490s(a)(2), has a maximum of $34,731.
(iii) Civil penalty under section 543b
of the Housing Act of 1949 for a
violation of regulations or agreements
made in accordance with Title V of the
Housing Act of 1949, by submitting false
information, submitting false
certifications, failing to timely submit
information, failing to maintain real
property in good repair and condition,
failing to provide acceptable
management for a project, or failing to
comply with applicable civil rights
statutes and regulations, codified at 42
U.S.C. 1490s(b)(3)(A), has a maximum
of the greater of: Twice the damages the
Department, guaranteed lender, or
project that is secured for a loan under
Title V, suffered or would have suffered
as a result of the violation; or $69,463
per violation.
(9) Farm Service Agency—(i) Civil
penalty for failure to comply with
certain provisions of the U.S.
Warehouse Act, codified at 7 U.S.C. 254,
has a maximum of $34,731 per violation
if an agricultural product is not
involved in the violation.
(ii) [Reserved]
(10) Commodity Credit Corporation—
(i) Civil penalty for willful failure or
refusal to furnish information, or willful
furnishing of false information under of
section 156 of the Federal Agricultural
Improvement and Reform Act of 1996,
codified at 7 U.S.C. 7272(g)(5), has a
maximum of $15,270 for each violation.
(ii) Civil penalty for willful failure or
refusal to furnish information or willful
furnishing of false data by a processor,
refiner, or importer of sugar, syrup and
molasses under section 156 of the
Federal Agriculture Improvement and
Reform Act of 1996, codified at 7 U.S.C.
7272(g)(5), has a maximum of $15,270
for each violation.
(iii) Civil penalty for filing a false
acreage report that exceeds tolerance
under section 156 of the Federal
Agriculture Improvement and Reform
Act of 1996, codified at 7 U.S.C.
7272(g)(5), has a maximum of $15,270
for each violation.
(iv) Civil penalty for knowingly
violating any regulation of the Secretary
of the Commodity Credit Corporation
pertaining to flexible marketing
allotments for sugar under section
359h(b) of the Agricultural Adjustment
Act of 1938, codified at 7 U.S.C.
1359hh(b), has a maximum of $11,162
for each violation.
(v) Civil penalty for knowing violation
of regulations promulgated by the
Secretary pertaining to cotton insect
eradication under section 104(d) of the
Agricultural Act of 1949, codified at 7
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U.S.C. 1444a(d), has a maximum of
$13,750 for each offense.
(11) Office of the Secretary—(i) Civil
penalty for making, presenting,
submitting or causing to be made,
presented or submitted, a false,
fictitious, or fraudulent claim as defined
under the Program Fraud Civil
Remedies Act of 1986, codified at 31
U.S.C. 3802(a)(1), has a maximum of
$10,958.
(ii) Civil penalty for making,
presenting, submitting or causing to be
made, presented or submitted, a false,
fictitious, or fraudulent written
statement as defined under the Program
Fraud Civil Remedies Act of 1986,
codified at 31 U.S.C. 3802(a)(2), has a
maximum of $10,958.
Dated: November 28, 2017.
Stephen L. Censky,
Deputy Secretary.
[FR Doc. 2017–26194 Filed 12–4–17; 8:45 am]
BILLING CODE 3410–90–P
DEPARTMENT OF JUSTICE
Executive Office for Immigration
Review
8 CFR Part 1240
[EOIR Docket No. 180; AG Order No. 4034–
2017]
RIN 1125–AA25
Procedures Further Implementing the
Annual Limitation on Suspension of
Deportation and Cancellation of
Removal
Executive Office for
Immigration Review, Department of
Justice.
ACTION: Final rule.
AGENCY:
The Department of Justice is
amending the Executive Office for
Immigration Review (‘‘EOIR’’)
regulations governing the annual
limitation on cancellation of removal
and suspension of deportation
decisions. The amendment eliminates
certain procedures created in 1998 that
were used to convert 8,000 conditional
grants of suspension of deportation and
cancellation of removal to outright
grants before the end of fiscal year 1998.
In addition, it authorizes immigration
judges and the Board of Immigration
Appeals (‘‘Board’’) to issue final
decisions denying applications, without
restriction, regardless of whether the
annual limitation has been reached.
DATES: This rule is effective January 4,
2018.
FOR FURTHER INFORMATION CONTACT: Jean
King, General Counsel, Executive Office
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SUMMARY:
VerDate Sep<11>2014
17:53 Dec 04, 2017
Jkt 244001
for Immigration Review, 5107 Leesburg
Pike, Suite 2600, Falls Church, VA
22041, telephone (703) 305–0470 (not a
toll-free call).
SUPPLEMENTARY INFORMATION:
I. Public Participation
On November 30, 2016, the
Department published in the Federal
Register a rule proposing to amend
EOIR’s regulations relating to the annual
limitation on cancellation of removal
and suspension of deportation. 81 FR
86291 (Nov. 30, 2016). The comment
period ended on January 30, 2017. The
Department received four comments.
For the reasons set forth below, the
proposed rule is adopted without
change.
II. Background and Summary
The Illegal Immigration Reform and
Immigrant Responsibility Act of 1996
(‘‘IIRIRA’’), Public Law 104–208, Div. C,
110 Stat. 3009–546, added section
240A(e) to the Immigration and
Nationality Act (‘‘INA’’ or the ‘‘Act’’),
Public Law 82–414, 66 Stat. 163 (1952)
(codified as amended in scattered
sections of 8, 18, and 22 U.S.C.), by
establishing an annual limitation on the
number of aliens who may be granted
suspension of deportation or
cancellation of removal followed by
adjustment of status. The annual
limitation is as follows:
[T]he Attorney General may not cancel the
removal and adjust the status under this
section, nor suspend the deportation and
adjust the status under section 244(a) (as in
effect before the enactment of the Illegal
Immigration Reform and Immigrant
Responsibility Act of 1996), of a total of more
than 4,000 aliens in any fiscal year.
INA sec. 240A(e)(1) (8 U.S.C.
1229b(e)(1)).
On October 3, 1997, the Department
issued an interim rule, which
authorized immigration judges and the
Board to grant applications for
suspension of deportation and
cancellation of removal only on a
‘‘conditional basis.’’ 62 FR 51760, 51762
(Oct. 3, 1997). This interim rule was a
temporary measure to give the
Department time to decide how best to
implement the annual statutory
limitation. Pursuant to the rule, the
Chief Immigration Judge instructed
immigration judges to convert
previously reserved grants of
suspension and cancellation to
conditional grants.
On November 19, 1997, Congress
enacted the Nicaraguan Adjustment and
Central American Relief Act
(‘‘NACARA’’), Public Law 105–100, title
II, 111 Stat. 2160, 2193–2201, which
amended section 240A(e) of the Act.
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NACARA reaffirmed the annual
limitation of 4,000 grants but exempted
from the limitation certain nationals of
Guatemala, El Salvador, and the former
Soviet bloc countries. See NACARA sec.
204, 111 Stat. at 2200–01. NACARA
provided for an additional 4,000
suspension/cancellation grants to
increase the annual limitation to a total
of 8,000 for fiscal year 1998 only. Id.
On September 30, 1998, the
Department issued the current interim
rule, which eliminated the ‘‘conditional
grant’’ process established in the
October 1997 interim rule and provided
new procedures for immigration judges
and the Board to follow with respect to
implementing the numerical limitation
on suspension and cancellation of
removal imposed by IIRIRA and
NACARA, 63 FR 52134 (Sept. 30, 1998)
(codified at 8 CFR 1240.21 (as in effect
prior to publication of this rule)).
First, the interim rule created a
process to address a discrete issue that
required resolution before the end of
fiscal year 1998: The interaction
between the October 1997 interim rule
authorizing immigration judges and the
Board to grant applications for
suspension and cancellation on a
‘‘conditional basis,’’ see 62 FR 51760,
51762 (Oct. 3, 1997), and the enactment
of NACARA in November 1997, which
added 4,000 grants to the statutory
annual limitation, creating a total of
8,000 available grants for fiscal year
1998, see NACARA sec. 202, 111 Stat.
at 2193–96. These procedures were set
forth in 8 CFR 1240.21(b) (as in effect
prior to publication of this rule). See 63
FR at 52138–39.
Second, the interim rule created a
new procedure for processing
applications for suspension and
cancellation in order to avoid exceeding
the annual limitation. See 63 FR at
52139–40 (codified at 8 CFR 1240.21(c)
(as in effect prior to publication of this
rule)). The rule eliminated the
conditional grant process. Id. at 52138
(codified at 8 CFR 1240.21(a)(2)).
Instead, under the interim rule,
immigration judges and the Board
issued grants of suspension or
cancellation in chronological order until
grants were no longer available in a
fiscal year. The interim rule provided
that when grants were no longer
available in a fiscal year, ‘‘further
decisions to grant or deny such relief
shall be reserved’’ until grants become
available in a future fiscal year. Id. at
52140 (codified at 8 CFR 1240.21(c)(1)
(as in effect prior to publication of this
rule)). With respect to denials, the
interim rule stated that immigration
judges and the Board ‘‘may deny
without reserving decision or may
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]]>Agencies
[Federal Register Volume 82, Number 232 (Tuesday, December 5, 2017)]
[Rules and Regulations]
[Pages 57331-57336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26194]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 /
Rules and Regulations
[[Page 57331]]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 3
RIN 0510-AA04
Inflation Catch-Up Adjustment of Civil Monetary Penalty Amounts
AGENCY: Office of the Secretary, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends USDA's civil monetary penalty
regulations by making inflation adjustments as mandated by the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015. USDA
also removes one obsolete civil monetary penalty (CMP) regulation
previously authorized under a statute that is no longer current law.
DATES: Effective December 5, 2017.
FOR FURTHER INFORMATION CONTACT: Heather Self, Esq., OGC, USDA, Room
3311-S, 1400 Independence Avenue SW., Washington, DC 20250-1400, (202)
720-5840.
SUPPLEMENTARY INFORMATION:
I. Background
On November 2, 2015, the President signed into law the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the
2015 Act), which further amended the Federal Civil Penalties Inflation
Adjustment Act of 1990 (the Inflation Adjustment Act), to improve the
effectiveness of CMPs and to maintain their deterrent effect. The 2015
Act requires agencies to:
(1) Adjust the level of CMPs with an initial ``catch-up''
adjustment through a final rulemaking (FR); and
(2) Make subsequent annual adjustments for inflation.
Previously, the Inflation Adjustment Act required agencies to
adjust CMP levels every 4 years based on the percentage by which the
Consumer Price Index (CPI) for the month of June of the prior calendar
year exceeded the CPI for the month of June of the calendar year during
which the last adjustment was made. The Inflation Adjustment Act also
capped the increase for each adjustment at 10 percent and rounded the
adjustment based on the size of the penalty (for example, multiple of
$10 in the case of penalties less than or equal to $100). The rounding
process meant that penalties would often not be increased at all if the
inflation factor was not large enough. Furthermore, the cap on
increases of 10 percent in tandem with the rounding meant that the
formula over time caused penalties to lose value relative to total
inflation. The 2015 Act updates these requirements by prescribing that
agencies make annual adjustments for inflation based on the CPI for the
month of October and round to the nearest dollar after an initial
adjustment.
In order to eliminate the inconsistent changes caused by the prior
method, the 2015 Act resets the inflation adjustment by excluding prior
inflationary adjustments under the Inflation Adjustment Act, which
contributed to a decline in the real value of penalty levels. To do
this, the 2015 Act provides that the initial adjustment will be the
percentage by which the CPI for the month of October 2015 exceeds that
of the month of October of the calendar year during which the amount of
the CMP was originally established or otherwise adjusted under a
provision of law other than the Inflation Adjustment Act. While the
2015 Act does not provide a cap on adjustments going forward, the
initial adjustment under the 2015 Act does limit large CMP increases by
providing that no initial adjustments may exceed 150 percent of the
amount of the CMP as of the date the 2015 Act was enacted, November 2,
2015. Lastly, the 2015 Act requires that agencies publish a final rule
with the initial adjustment by July 1, 2016, and have the adjustments
take effect no later than August 1, 2016. The initial adjustment under
the 2015 Act also provides that, following public comment, the head of
an agency may reduce the required increase if the agency head
determines that the increase will have a negative economic impact or
the social costs of the increase outweigh the benefits and the Director
of the Office of Management and Budget concurs.
II. CMPs Affected by This Final Rule
Several USDA agencies administer laws that provide for the
imposition of CMPs being adjusted by this final rule. Those agencies
are:
(1) Agricultural Marketing Service;
(2) Animal and Plant Health Inspection Service;
(3) Food and Nutrition Service;
(4) Food Safety and Inspection Service;
(5) Forest Service;
(6) Grain Inspection, Packers and Stockyards Administration;
(7) Federal Crop Insurance Corporation;
(8) Rural Housing Service,
(9) Farm Service Agency,
(10) Commodity Credit Corporation, and
(11) Office of the Secretary.
The CMPs in this final rule are listed according to the applicable
administering agency.
III. Waiver of Proposed Rulemaking
In developing this final rule, we are waiving the usual notice of
proposed rulemaking and public comment procedures contained in 5 U.S.C.
553. We have determined that, under 5 U.S.C. 553(b)(3)(B), good cause
exists for dispensing with the notice of proposed rulemaking and public
comment procedures for this rule. Specifically the rulemaking comports
with and is consistent with the statutory authority required by Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015, as
amended, with no issue of policy discretion. Accordingly, we have
determined that opportunity for prior comment is unnecessary and
contrary to the public interest, and we are issuing this revised
regulation as a final rule that will apply to all future cases.
IV. Procedural Requirements
Executive Order 12866
The Office of Management and Budget (OMB) has reviewed this
regulatory action in accordance with the provisions of Executive Order
12866, Regulatory Planning and Review, and has determined that it does
not meet the criteria for significant regulatory action. Additionally,
because this rule does not meet the definition of a significant
[[Page 57332]]
regulatory action, it does not trigger the requirements contained in
Executive Order 13771. See OMB's Memorandum titled ``Interim Guidance
Implementing Section 2 of the Executive Order of January 30, 2017,
titled `Reducing Regulation and Controlling Regulatory Costs' ''
(February 2, 2017).
As indicated above, the provisions of this final rulemaking contain
inflation adjustments in compliance with the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015. The great majority
of individuals, organizations, and entities affected participating in
the programs affected by this regulation do not engage in prohibited
activities and practices that would result in civil monetary penalties
being incurred. Accordingly, we believe that any aggregate economic
impact of this revised regulation will be minimal, affecting only the
limited number of program participants that may engage in prohibited
behavior in violation of the statutes.
Regulatory Flexibility Act
The provisions of the Regulatory Flexibility Act relating to an
initial and final regulatory flexibility analysis (5 U.S.C. 603, 604)
are not applicable to this final rule because USDA was not required to
publish notice of proposed rulemaking under 5 U.S.C. 553 or any other
law. Accordingly, a regulatory flexibility analysis is not required.
Paperwork Reduction Act
This final rule imposes no new reporting or recordkeeping
requirements necessitating clearance by OMB.
List of Subjects in 7 CFR Part 3
Administrative practice and procedure, Debt management, Penalties.
For the reasons set forth in the preamble, USDA amends 7 CFR part 3
as follows:
PART 3--DEBT MANAGEMENT
Subpart I--Adjusted Civil Monetary Penalties
0
1. The authority citation for subpart I continues to read as follows:
Authority: 28 U.S.C. 2461 note.
0
2. Revise Sec. 3.91(a)(1), (2) and (b) to read as follows:
Sec. 3.91 Adjusted civil monetary penalties.
(a) * * *
(1) Adjustments. The Secretary will adjust the civil monetary
penalties, listed in paragraph (b) of this section, to take account of
inflation as mandated by the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015, as amended.
(2) Timing. Any increase in the dollar amount of a civil monetary
penalty listed in paragraph (b) of this section applies only to
violations occurring after December 5, 2017.
* * * * *
(b) Penalties.--(1) Agricultural Marketing Service--(i) Civil
penalty for improper recordkeeping, codified at 7 U.S.C. 136i-1(d),
has: A maximum of $905 in the case of the first offense, and a minimum
of $1,759 in the case of subsequent offenses, except that the penalty
will be less than $1,759 if the Secretary determines that the person
made a good faith effort to comply.
(ii) Civil penalty for a violation of the unfair conduct rule under
the Perishable Agricultural Commodities Act, in lieu of license
revocation or suspension, codified at 7 U.S.C. 499b(5), has a maximum
of $4,928.
(iii) Civil penalty for violation of the licensing requirements
under the Perishable Agricultural Commodities Act, codified at 7 U.S.C.
499c(a), has a maximum of $1,573 for each such offense and not more
than $393 for each day it continues, or a maximum of $393 for each
offense if the Secretary determines the violation was not willful.
(iv) Civil penalty in lieu of license suspension under the
Perishable Agricultural Commodities Act, codified at 7 U.S.C. 499h(e),
has a maximum penalty of $3,145 for each violative transaction or each
day the violation continues.
(v) Civil penalty for a violation of the Export Apple Act, codified
at 7 U.S.C. 586, has a minimum of $144 and a maximum of $14,372.
(vi) Civil penalty for a violation of the Export Grape and Plum
Act, codified at 7 U.S.C. 596, has a minimum of $275 and a maximum of
$27,500.
(vii) Civil penalty for a violation of an order issued by the
Secretary under the Agricultural Adjustment Act, reenacted with
amendments by the Agricultural Marketing Agreement Act of 1937,
codified at 7 U.S.C. 608c(14)(B), has a maximum of $2,750. Each day the
violation continues is a separate violation.
(viii) Civil penalty for failure to file certain reports under the
Agricultural Adjustment Act, reenacted by the Agricultural Marketing
Agreement Act of 1937, codified at 7 U.S.C. 610(c), has a maximum of
$275.
(ix) Civil penalty for a violation of a seed program under the
Federal Seed Act, codified at 7 U.S.C. 1596(b), has a minimum of $94
and a maximum of $1,875.
(x) Civil penalty for failure to collect any assessment or fee for
a violation of the Cotton Research and Promotion Act, codified at 7
U.S.C. 2112(b), has a maximum of $2,750.
(xi) Civil penalty for failure to pay, collect, or remit any
assessment or fee for a violation of a program under the Potato
Research and Promotion Act, codified at 7 U.S.C. 2621(b)(1), has a
minimum of $1,232 and a maximum of $12,319.
(xii) Civil penalty for failure to obey a cease and desist order
under the Potato Research and Promotion Act, codified at 7 U.S.C.
2621(b)(3), has a maximum of $1,232. Each day the violation continues
is a separate violation.
(xiii) Civil penalty for failure to pay, collect, or remit any
assessment or fee or for a violation of a program under the Egg
Research and Consumer Information Act, codified at 7 U.S.C. 2714(b)(1),
has a minimum of $1,425 and a maximum of $14,023.
(xiv) Civil penalty for failure to obey a cease and desist order
under the Egg Research and Consumer Information Act, codified at 7
U.S.C. 2714(b)(3), has a maximum of $1,425. Each day the violation
continues is a separate violation.
(xv) Civil penalty for failure to remit any assessment or fee or
for a violation of a program under the Beef Research and Information
Act, codified at 7 U.S.C. 2908(a)(2), has a maximum of $11,119.
(xvi) Civil penalty for failure to remit any assessment or for a
violation of a program regarding wheat and wheat foods research,
codified at 7 U.S.C. 3410(b), has a maximum of $2,750.
(xvii) Civil penalty for failure to pay, collect, or remit any
assessment or fee or for a violation of a program under the Floral
Research and Consumer Information Act, codified at 7 U.S.C. 4314(b)(1),
has a minimum of $1,294 and a maximum of $12,941.
(xviii) Civil penalty for failure to obey a cease and desist order
under the Floral Research and Consumer Information Act, codified at 7
U.S.C. 4314(b)(3), has a maximum of $1,294. Each day the violation
continues is a separate violation.
(xix) Civil penalty for violation of an order under the Dairy
Promotion Program, codified at 7 U.S.C. 4510(b), has a maximum of
$2,393.
(xx) Civil penalty for pay, collect, or remit any assessment or fee
or for a violation of the Honey Research, Promotion, and Consumer
Information Act, codified at 7 U.S.C. 4610(b)(1), has a minimum of $737
and a maximum of $7,370.
[[Page 57333]]
(xxi) Civil penalty for failure to obey a cease and desist order
under the Honey Research, Promotion, and Consumer Information Act,
codified at 7 U.S.C. 4610(b)(3), has a maximum of $737. Each day the
violation continues is a separate violation.
(xxii) Civil penalty for a violation of a program under the Pork
Promotion, Research, and Consumer Information Act of 1985, codified at
7 U.S.C. 4815(b)(1)(A)(i), has a maximum of $2,224.
(xxiii) Civil penalty for failure to obey a cease and desist order
under the Pork Promotion, Research, and Consumer Information Act of
1985, codified at 7 U.S.C. 4815(b)(3)(A), has a maximum of $1,112. Each
day the violation continues is a separate violation.
(xxiv) Civil penalty for failure to pay, collect, or remit any
assessment or fee or for a violation of a program under the Watermelon
Research and Promotion Act, codified at 7 U.S.C. 4910(b)(1), has a
minimum of $1,112 and a maximum of $11,119.
(xxv) Civil penalty for failure to obey a cease and desist order
under the Watermelon Research and Promotion Act, codified at 7 U.S.C.
4910(b)(3), has a maximum of $1,112. Each day the violation continues
is a separate violation.
(xxvi) Civil penalty for failure to pay, collect, or remit any
assessment or fee or for a violation of a program under the Pecan
Promotion and Research Act of 1990, codified at 7 U.S.C. 6009(c)(1),
has a minimum of $1,811 and a maximum of $18,107.
(xxvii) Civil penalty for failure to obey a cease and desist order
under the Pecan Promotion and Research Act of 1990, codified at 7
U.S.C. 6009(e), has a maximum of $1,811.
(xxviii) Civil penalty for failure to pay, collect, or remit any
assessment or fee or for a violation of a program under the Mushroom
Promotion, Research, and Consumer Information Act of 1990, codified at
7 U.S.C. 6107(c)(1), has a minimum of $880 and a maximum of $8,797.
(xxix) Civil penalty for failure to obey a cease and desist order
under the Mushroom Promotion, Research, and Consumer Information Act of
1990, codified at 7 U.S.C. 6107(e), has a maximum of $880. Each day the
violation continues is a separate violation.
(xxx) Civil penalty for failure to pay, collect, or remit any
assessment or fee or for a violation of the Lime Research, Promotion,
and Consumer Information Act of 1990, codified at 7 U.S.C. 6207(c)(1),
has a minimum of $880 and a maximum of $8,797.
(xxxi) Civil penalty for failure to obey a cease and desist order
under the Lime Research, Promotion, and Consumer Information Act of
1990, codified at 7 U.S.C. 6207(e), has a maximum of $880. Each day the
violation continues is a separate violation.
(xxxii) Civil penalty for failure to pay, collect, or remit any
assessment or fee or for a violation of a program under the Soybean
Promotion, Research, and Consumer Information Act, codified a 7 U.S.C.
6307(c)(1)(A), has a maximum of $1,811.
(xxxiii) Civil penalty for failure to obey a cease and desist order
under the Soybean Promotion, Research, and Consumer Information Act,
codified at 7 U.S.C. 6307(e), has a maximum of $9,054. Each day the
violation continues is a separate violation.
(xxxiv) Civil penalty for failure to pay, collect, or remit any
assessment or fee or for a violation of a program under the Fluid Milk
Promotion Act of 1990, codified at 7 U.S.C. 6411(c)(1)(A), has a
minimum of $880 and a maximum of $8,797, or in the case of a violation
that is willful, codified at 7 U.S.C. 6411(c)(1)(B), has a minimum of
$17,593 and a maximum of $175,931.
(xxxv) Civil penalty for failure to obey a cease and desist order
under the Fluid Milk Promotion Act of 1990, codified at 7 U.S.C.
6411(e), has a maximum of $9,054. Each day the violation continues is a
separate violation.
(xxxvi) Civil penalty for knowingly labeling or selling a product
as organic except in accordance with the Organic Foods Production Act
of 1990, codified at 7 U.S.C. 6519(c), has a maximum of $17,593.
(xxxvii) Civil penalty for failure to pay, collect, or remit any
assessment or fee or for a violation of a program under the Fresh Cut
Flowers and Fresh Cut Greens Promotion and Information Act of 1993,
codified at 7 U.S.C. 6808(c)(1)(A)(i), has a minimum of $830 and a
maximum of $8,295.
(xxxviii) Civil penalty for failure to obey a cease and desist
order under the Fresh Cut Flowers and Fresh Cut Greens Promotion and
Information Act of 1993, codified at 7 U.S.C. 6808(e)(1), has a maximum
of $8,295. Each day the violation continues is a separate violation.
(xxxix) Civil penalty for a violation of a program under the Sheep
Promotion, Research, and Information Act of 1994, codified at 7 U.S.C.
7107(c)(1)(A), has a maximum of $1,617.
(xl) Civil penalty for failure to obey a cease and desist order
under the Sheep Promotion, Research, and Information Act of 1994,
codified at 7 U.S.C. 7107(e), has a maximum of $808. Each day the
violation continues is a separate violation.
(xli) Civil penalty for a violation of an order or regulation
issued under the Commodity Promotion, Research, and Information Act of
1996, codified at 7 U.S.C. 7419(c)(1), has a minimum of $1,527 and a
maximum of $15,270 for each violation.
(xlii) Civil penalty for failure to obey a cease and desist order
under the Commodity Promotion, Research, and Information Act of 1996,
codified at 7 U.S.C. 7419(e), has a minimum of $1,527 and a maximum of
$15,270. Each day the violation continues is a separate violation.
(xliii) Civil penalty for a violation of an order or regulation
issued under the Canola and Rapeseed Research, Promotion, and Consumer
Information Act, codified at 7 U.S.C. 7448(c)(1)(A)(i), has a maximum
of $1,527 for each violation.
(xliv) Civil penalty for failure to obey a cease and desist order
under the Canola and Rapeseed Research, Promotion, and Consumer
Information Act, codified at 7 U.S.C. 7448(e), has a maximum of $7,635.
Each day the violation continues is a separate violation.
(xlv) Civil penalty for violation of an order or regulation issued
under the National Kiwifruit Research, Promotion, and Consumer
Information Act, codified at 7 U.S.C. 7468(c)(1), has a minimum of $764
and a maximum of $7,635 for each violation.
(xlvi) Civil penalty for failure to obey a cease and desist order
under the National Kiwifruit Research, Promotion, and Consumer
Information Act, codified at 7 U.S.C. 7468(e), has a maximum of $764.
Each day the violation continues is a separate violation.
(xlvii) Civil penalty for a violation of an order or regulation
under the Popcorn Promotion, Research, and Consumer Information Act,
codified at 7 U.S.C. 7487(a), has a maximum of $1,527 for each
violation.
(xlviii) Civil penalty for certain violations under the Egg
Products Inspection Act, codified at 21 U.S.C. 1041(c)(1)(A), has a
maximum of $8,797 for each violation.
(xlix) Civil penalty for violation of an order or regulation issued
under the Hass Avocado Promotion, Research, and Information Act of
2000, codified at 7 U.S.C. 7807(c)(1)(A)(i), has a minimum of $1,389
and a maximum of $13,893 for each violation.
(l) Civil penalty for failure to obey a cease and desist order
under the Hass Avocado Promotion, Research, and Information Act of
2000, codified at 7 U.S.C. 7807(e)(1), has a maximum of
[[Page 57334]]
$13,893 for each offense. Each day the violation continues is a
separate violation.
(li) Civil penalty for violation of certain provisions of the
Livestock Mandatory Reporting Act of 1999, codified a 7 U.S.C.
1636b(a)(1), has a maximum of $14,372 for each violation.
(lii) Civil penalty for failure to obey a cease and desist order
under the Livestock Mandatory Reporting Act of 1999, codified a 7
U.S.C. 1636b(g)(3), has a maximum of $14,372 for each violation. Each
day the violation continues is a separate violation.
(liii) Civil penalty for failure to obey an order of the Secretary
issued pursuant to the Dairy Product Mandatory Reporting program,
codified at 7 U.S.C. 1637b(c)(4)(D)(iii), has a maximum of $13,893 for
each offense.
(liv) Civil penalty for a willful violation of the Country of
Origin Labeling program by a retailer or person engaged in the business
of supplying a covered commodity to a retailer, codified at 7 U.S.C.
1638b(b)(2), has a maximum of $1,116 for each violation.
(lv) Civil penalty for violations of the Dairy Research Program,
codified at 7 U.S.C. 4535 & 4510(b), has a maximum of $2,393 for each
violation.
(2) Animal and Plant Health Inspection Service--(i) Civil penalty
for a violation of the imported seed provisions of the Federal Seed
Act, codified at 7 U.S.C. 1596(b), has a minimum of $94 and a maximum
of $1,875.
(ii) Civil penalty for a violation of the Animal Welfare Act,
codified at 7 U.S.C. 2149(b), has a maximum of $11,162, and knowing
failure to obey a cease and desist order has a civil penalty of $1,674.
(iii) Civil penalty for any person that causes harm to, or
interferes with, an animal used for the purposes of official inspection
by the Department, codified at 7 U.S.C. 2279e(a), has a maximum of
$13,893.
(iv) Civil penalty for a violation of the Swine Health Protection
Act, codified at 7 U.S.C. 3805(a), has a maximum of $27,500.
(v) Civil penalty for any person that violates the Plant Protection
Act (PPA), or that forges, counterfeits, or, without authority from the
Secretary, uses, alters, defaces, or destroys any certificate, permit,
or other document provided for in the PPA, codified a 7 U.S.C.
7734(b)(1), has a maximum of the greater of: $69,463 in the case of any
individual (except that the civil penalty may not exceed $1,389 in the
case of an initial violation of the PPA by an individual moving
regulated articles not for monetary gain), $347,313 in the case of any
other person for each violation, $558,078 for all violations
adjudicated in a single proceeding if the violations do not include a
willful violation, and $1,116,156 for all violations adjudicated in a
single proceeding if the violations include a willful violation; or
twice the gross gain or gross loss for any violation, forgery,
counterfeiting, unauthorized us, defacing, or destruction of a
certificate, permit, or other document provided for in the PPA that
results in the person deriving pecuniary gain or causing pecuniary loss
to another.
(vi) Civil penalty for any person (except as provided in 7 U.S.C.
8309(d)) that violates the Animal Health Protection Act (AHPA), or that
forges, counterfeits, or, without authority from the Secretary, uses,
alters, defaces, or destroys any certificate, permit, or other document
provided under the AHPA, codified at 7 U.S.C. 8313(b)(1), has a maximum
of the greater of: $66,666 in the case of any individual, except that
the civil penalty may not exceed $1,333 in the case of an initial
violation of the AHPA by an individual moving regulated articles not
for monetary gain, $333,328 in the case of any other person for each
violation, $558,078 for all violations adjudicated in a single
proceeding if the violations do not include a willful violation, and
$1,116,156 for all violations adjudicated in a single proceeding if the
violations include a willful violation; or twice the gross gain or
gross loss for any violation, forgery, counterfeiting, unauthorized
use, defacing, or destruction of a certificate, permit, or other
document provided under the AHPA that results in the person's deriving
pecuniary gain or causing pecuniary loss to another person.
(vii) Civil penalty for any person that violates certain
regulations under the Agricultural Bioterrorism Protection Act of 2002
regarding transfers of listed agents and toxins or possession and use
of listed agents and toxins, codified at 7 U.S.C. 8401(i)(1), has a
maximum of $333,328 in the case of an individual and $666,656 in the
case of any other person.
(viii) Civil penalty for violation of the Horse Protection Act,
codified at 15 U.S.C. 1825(b)(1), has a maximum of $5,500.
(ix) Civil penalty for failure to obey Horse Protection Act
disqualification, codified at 15 U.S.C. 1825(c), has a maximum of
$10,750.
(x) Civil penalty for knowingly violating, or, if in the business
as an importer or exporter, violating, with respect to terrestrial
plants, any provision of the Endangered Species Act of 1973, any permit
or certificate issued thereunder, or any regulation issued pursuant to
section 9(a)(1)(A) through (F), (a)(2)(A) through (D), (c), (d) (other
than regulations relating to record keeping or filing reports), (f), or
(g) of the Endangered Species Act of 1973 (16 U.S.C. 1538(a)(1)(A)
through (F), (a)(2)(A) through (D), (c), (d), (f), and (g)), as set
forth at 16 U.S.C. 1540(a), has a maximum of $50,277.
(xi) Civil penalty for knowingly violating, or, if in the business
as an importer or exporter, violating, with respect to terrestrial
plants, any other regulation under the Endangered Species Act of 1973,
as set forth at 16 U.S.C. 1540(a), has a maximum of $24,133.
(xii) Civil penalty for violation, with respect to terrestrial
plants, of the Endangered Species Act of 1973, or any regulation,
permit, or certificate issued thereunder, as set forth at 16 U.S.C.
1540(a), has a maximum of $1,801.
(xiii) Civil penalty for knowingly and willfully violating 49
U.S.C. 80502 with respect to the transportation of animals by any rail
carrier, express carrier, or common carrier (except by air or water), a
receiver, trustee, or lessee of one of those carriers, or an owner or
master of a vessel, codified at 49 U.S.C. 80502(d), has a minimum of
$162 and a maximum of $808.
(xiv) Civil penalty for a violation of the Commercial
Transportation of Equine for Slaughter Act, 7 U.S.C. 1901 note, and its
implementing regulations in 9 CFR part 88, as set forth in 9 CFR 88.6,
has a maximum of $5000. Each horse transported in violation of Part 88
is a separate violation.
(3) Food and Nutrition Service--(i) Civil penalty for violating a
provision of the Food and Nutrition Act of 2008 (Act), or a regulation
under the Act, by a retail food store or wholesale food concern,
codified at 7 U.S.C. 2021(a) and (c), has a maximum of $111,616 for
each violation.
(ii) Civil penalty for trafficking in food coupons, codified at 7
U.S.C. 2021(b)(3)(B), has a maximum of $39,574 for each violation,
except that the maximum penalty for violations occurring during a
single investigation is $71,262.
(iii) Civil penalty for the sale of firearms, ammunitions,
explosives, or controlled substances for coupons, codified at 7 U.S.C.
2021(b)(3)(C), has a maximum of $40,221 for each violation, except that
the maximum penalty for violations occurring during a single
investigation is $72,428.
(iv) Civil penalty for any entity that submits a bid to supply
infant formula to carry out the Special Supplemental Nutrition Program
for Women, Infants
[[Page 57335]]
and Children and discloses the amount of the bid, rebate, or discount
practices in advance of the bid opening or for any entity that makes a
statement prior to the opening of bids for the purpose of influencing a
bid, codified at 42 U.S.C. 1786(h)(8)(H)(i), has a maximum of
$170,472,030.
(v) Civil penalty for a vendor convicted of trafficking in food
instruments, codified at 42 U.S.C. 1786(o)(1)(A) and 42 U.S.C.
1786(o)(4)(B), has a maximum of $14,740 for each violation, except that
the maximum penalty for violations occurring during a single
investigation is $58,958.
(vi) Civil penalty for a vendor convicted of selling firearms,
ammunition, explosive, or controlled substances in exchange for food
instruments, codified at 42 U.S.C. 1786(o)(1)(B) and 42 U.S.C.
1786(o)(4)(B), has a maximum of $14,740 for each violation, except that
the maximum penalty for violations occurring during a single
investigation is $58,958.
(4) Food Safety and Inspection Service--(i) Civil penalty for
certain violations under the Egg Products Inspection Act, codified at
21 U.S.C. 1041(c)(1)(A), has a maximum of $8,797 for each violation.
(ii) [Reserved]
(5) Forest Service--(i) Civil penalty for willful disregard of the
prohibition against the export of unprocessed timber originating from
Federal lands, codified at 16 U.S.C. 620d(c)(1)(A), has a maximum of
$905,353 per violation or three times the gross value of the
unprocessed timber, whichever is greater.
(ii) Civil penalty for a violation in disregard of the Forest
Resources Conservation and Shortage Relief Act or the regulations that
implement such Act regardless of whether such violation caused the
export of unprocessed timber originating from Federal lands, codified
at 16 U.S.C. 620d(c)(2)(A)(i), has a maximum of $135,803 per violation.
(iii) Civil penalty for a person that should have known that an
action was a violation of the Forest Resources Conservation and
Shortage Relief Act or the regulations that implement such Act
regardless of whether such violation caused the export of unprocessed
timber originating from Federal lands, codified at 16 U.S.C.
620d(c)(2)(A)(ii), has a maximum of $90,535 per violation.
(iv) Civil penalty for a willful violation of the Forest Resources
Conservation and Shortage Relief Act or the regulations that implement
such Act regardless of whether such violation caused the export of
unprocessed timber originating from Federal lands, codified at 16
U.S.C. 620d(c)(2)(A)(iii), has a maximum of $905,353.
(v) Civil penalty for a violation involving protections of caves,
codified at 16 U.S. C. 4307(a)(2), has a maximum of $19,787.
(6) Grain Inspection, Packers and Stockyards Administration--(i)
Civil penalty for a packer or swine contractor violation, codified at 7
U.S.C. 193(b), has a maximum of $27,500.
(ii) Civil penalty for a livestock market agency or dealer failure
to register, codified at 7 U.S.C. 203, has a maximum of $1,875 and not
more than $94 for each day the violation continues.
(iii) Civil penalty for operating without filing, or in violation
of, a stockyard rate schedule, or of a regulation or order of the
Secretary made thereunder, codified at 7 U.S.C. 207(g), has a maximum
of $1,875 and not more than $94 for each day the violation continues.
(iv) Civil penalty for a stockyard owner, livestock market agency,
and dealer violation, codified at 7 U.S.C. 213(b), has a maximum of
$27,500.
(v) Civil penalty for a stockyard owner, livestock market agency,
and dealer compliance order, codified at 7 U.S.C. 215(a), has a maximum
of $1,875.
(vi) Civil penalty for live poultry dealer violations, codified at
7 U.S.C. 228b-2(b), has a maximum of $80,000.
(vii) Civil penalty for a violation, codified at 7 U.S.C. 86(c),
has a maximum of $268,750.
(7) Federal Crop Insurance Corporation--(i) Civil penalty for any
person who willfully and intentionally provides any false or inaccurate
information to the Federal Crop Insurance Corporation or to an approved
insurance provider with respect to any insurance plan or policy that is
offered under the authority of the Federal Crop Insurance Act, or who
fails to comply with a requirement of the Federal Crop Insurance
Corporation, codified at 7 U.S.C. 1515(h)(3)(A), has a maximum of the
greater of: The amount of the pecuniary gain obtained as a result of
the false or inaccurate information or the noncompliance; or $11,744.
(ii) [Reserved]
(8) Rural Housing Service--(i) Civil penalty for a violation of
section 536 of Title V of the Housing Act of 1949, codified at 42
U.S.C. 1490p(e)(2), has a maximum of $192,459 in the case of an
individual, and a maximum of $1,924,589 in the case of an applicant
other than an individual.
(ii) Civil penalty for equity skimming under section 543(a) of the
Housing Act of 1949, codified at 42 U.S.C. 1490s(a)(2), has a maximum
of $34,731.
(iii) Civil penalty under section 543b of the Housing Act of 1949
for a violation of regulations or agreements made in accordance with
Title V of the Housing Act of 1949, by submitting false information,
submitting false certifications, failing to timely submit information,
failing to maintain real property in good repair and condition, failing
to provide acceptable management for a project, or failing to comply
with applicable civil rights statutes and regulations, codified at 42
U.S.C. 1490s(b)(3)(A), has a maximum of the greater of: Twice the
damages the Department, guaranteed lender, or project that is secured
for a loan under Title V, suffered or would have suffered as a result
of the violation; or $69,463 per violation.
(9) Farm Service Agency--(i) Civil penalty for failure to comply
with certain provisions of the U.S. Warehouse Act, codified at 7 U.S.C.
254, has a maximum of $34,731 per violation if an agricultural product
is not involved in the violation.
(ii) [Reserved]
(10) Commodity Credit Corporation--(i) Civil penalty for willful
failure or refusal to furnish information, or willful furnishing of
false information under of section 156 of the Federal Agricultural
Improvement and Reform Act of 1996, codified at 7 U.S.C. 7272(g)(5),
has a maximum of $15,270 for each violation.
(ii) Civil penalty for willful failure or refusal to furnish
information or willful furnishing of false data by a processor,
refiner, or importer of sugar, syrup and molasses under section 156 of
the Federal Agriculture Improvement and Reform Act of 1996, codified at
7 U.S.C. 7272(g)(5), has a maximum of $15,270 for each violation.
(iii) Civil penalty for filing a false acreage report that exceeds
tolerance under section 156 of the Federal Agriculture Improvement and
Reform Act of 1996, codified at 7 U.S.C. 7272(g)(5), has a maximum of
$15,270 for each violation.
(iv) Civil penalty for knowingly violating any regulation of the
Secretary of the Commodity Credit Corporation pertaining to flexible
marketing allotments for sugar under section 359h(b) of the
Agricultural Adjustment Act of 1938, codified at 7 U.S.C. 1359hh(b),
has a maximum of $11,162 for each violation.
(v) Civil penalty for knowing violation of regulations promulgated
by the Secretary pertaining to cotton insect eradication under section
104(d) of the Agricultural Act of 1949, codified at 7
[[Page 57336]]
U.S.C. 1444a(d), has a maximum of $13,750 for each offense.
(11) Office of the Secretary--(i) Civil penalty for making,
presenting, submitting or causing to be made, presented or submitted, a
false, fictitious, or fraudulent claim as defined under the Program
Fraud Civil Remedies Act of 1986, codified at 31 U.S.C. 3802(a)(1), has
a maximum of $10,958.
(ii) Civil penalty for making, presenting, submitting or causing to
be made, presented or submitted, a false, fictitious, or fraudulent
written statement as defined under the Program Fraud Civil Remedies Act
of 1986, codified at 31 U.S.C. 3802(a)(2), has a maximum of $10,958.
Dated: November 28, 2017.
Stephen L. Censky,
Deputy Secretary.
[FR Doc. 2017-26194 Filed 12-4-17; 8:45 am]
BILLING CODE 3410-90-P
