Civil Monetary Penalty Inflation Adjustments for 2023, 30029-30033 [2023-09912]

Agencies

• DEPARTMENT OF AGRICULTURE
• Office of the Secretary

[Federal Register Volume 88, Number 90 (Wednesday, May 10, 2023)]
[Rules and Regulations]
[Pages 30029-30033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09912]



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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. 88, No. 90 / Wednesday, May 10, 2023 / Rules 
and Regulations

[[Page 30029]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 3

[Docket No. USDA-2023-0001]
RIN 0503-AA77


Civil Monetary Penalty Inflation Adjustments for 2023

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule.

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

DATES: Effective May 10, 2023.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen O'Neill, Office of Budget 
and Program Analysis, USDA, 1400 Independence Avenue SW, Washington, DC 
20250-1400, (202) 720-0038.

SUPPLEMENTARY INFORMATION:

I. Background

    On November 2, 2015, 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, 
was signed into law to improve the effectiveness of civil monetary 
penalties and to maintain their deterrent effect. The 2015 Act requires 
agencies to adjust for inflation annually.
    This rule amends 7 CFR part 3 to update the amount of civil 
monetary penalties that may be levied by U.S. Department of Agriculture 
(USDA) agencies to reflect inflationary adjustments for 2023 in 
accordance with the 2015 Act. As required by the 2015 Act, the annual 
adjustment was made for inflation based on the Consumer Price Index for 
the month of October 2022 and rounded to the nearest dollar after an 
initial adjustment. The civil monetary penalties are listed according 
to the applicable administering agency.

II. Notice and Comment Not Required

    This rule is required by the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015, with no issue of policy 
discretion. Accordingly, pursuant to the administrative procedure 
provisions in 5 U.S.C. 553, we find upon good cause that prior notice 
and other public procedure with respect to this action are not 
necessary. We also find good cause for making this action effective 
less than 30 days after publication in the Federal Register.

III. 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.
    This rule contains 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, Claims, Government 
employees, Income taxes, Loan programs--agriculture, Penalties, 
Reporting and recordkeeping requirements, Wages.

    Accordingly, we are amending 7 CFR part 3, subpart I, as follows:

PART 3--DEBT MANAGEMENT

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

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


0
2. Section 3.91 is amended by revising paragraphs (a)(2) and (b) to 
read as follows:


Sec.  3.91  Adjusted civil monetary penalties.

    (a) * * *
    (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 May 10, 2023.
* * * * *
    (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 $1,116 in the case of the first offense, and a 
minimum of $2,168 in the case of subsequent offenses, except that the 
penalty will be less than $2,168 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 $6,075.
    (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 $1,939 for each such offense and not more 
than $484 for each day it continues, or a maximum of $484 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 $3,878 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 $176 and a maximum of $17,718.

[[Page 30030]]

    (vi) Civil penalty for a violation of the Export Grape and Plum 
Act, codified at 7 U.S.C. 596, has a minimum of $338 and a maximum of 
$33,902.
    (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 $3,391. 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 
$338.
    (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 $115 
and a maximum of $2,312.
    (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 $3,391.
    (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 $1,520 and a maximum of $14,017.
    (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 $1,520. 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 $1,757 and a maximum of $17,571.
    (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 $1,757. 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 $13,707.
    (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 $3,391.
    (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 $1,596 and a maximum of $15,954.
    (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 $1,596. 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 
$2,949.
    (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 $886 
and a maximum of $9,086.
    (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 $908. 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 $2,742.
    (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 $1,372. 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 $1,372 and a maximum of $13,707.
    (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 $1,372. 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 $2,232 and a maximum of $22,313.
    (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 $2,230.
    (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 $1,085 and a maximum of $10,846.
    (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 $1,085. 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 $1,085 and a maximum of $10,846.
    (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 $1,085. 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 $2,232.
    (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 $11,109. 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 $1,085 and a maximum of $10,846, or in the case of a 
violation that is willful, codified at 7 U.S.C. 6411(c)(1)(B), has a 
minimum of $21,313 and a maximum of $216,892.
    (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 $11,162. 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 $21,689.

[[Page 30031]]

    (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 $1,023 and a 
maximum of $10,226.
    (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 $10,226. 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 $1,993.
    (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 $996. 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 $1,881 and a 
maximum of $18,825 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 $1,881 and a maximum of 
$18,825. 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 $1,881 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 $9,413. 
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 $942 
and a maximum of $9,413 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 $942. 
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 $1,881 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 $10,846 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 $1,711 
and a maximum of $17,110 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 $17,127 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 $17,718 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 $17,718 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 $17,127 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 $1,376 for each violation.
    (lv) Civil penalty for violations of the Dairy Research Program, 
codified at 7 U.S.C. 4535 and 4510(b), has a maximum of $2,949 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 $33,896.
    (lvii) Civil penalty for a livestock market agency or dealer 
failure to register, codified at 7 U.S.C. 203, has a maximum of $2,311 
and not more than $115 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 $2,312 and not more than $115 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 
$33,896.
    (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 $2,312.
    (lxi) Civil penalty for live poultry dealer violations, codified at 
7 U.S.C. 228b-2(b), has a maximum of $98,605.
    (lxii) Civil penalty for a violation, codified at 7 U.S.C. 86(c), 
has a maximum of $331,249.
    (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 
$42,818 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 $115 and a maximum 
of $2,312.
    (ii) Civil penalty for a violation of the Animal Welfare Act, 
codified at 7 U.S.C. 2149(b), has a maximum of $13,760, and knowing 
failure to obey a cease-and-desist order has a civil penalty of $2,063.
    (iii) Civil penalty for any person that causes harm to, or 
interferes with, an animal used for the purposes of official inspection 
by USDA, codified at 7 U.S.C. 2279e(a), has a maximum of $17,127.
    (iv) Civil penalty for a violation of the Swine Health Protection 
Act, codified at 7 U.S.C. 3805(a), has a maximum of $34,422.
    (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

[[Page 30032]]

provided for in the PPA, codified a 7 U.S.C. 7734(b)(1), has a maximum 
of the greater of: $85,636 in the case of any individual (except that 
the civil penalty may not exceed $1,712 in the case of an initial 
violation of the PPA by an individual moving regulated articles not for 
monetary gain), $428,175 in the case of any other person for each 
violation, $688,012 for all violations adjudicated in a single 
proceeding if the violations do not include a willful violation, and 
$1,376,023 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 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: $82,187 in the case of any individual, except that 
the civil penalty may not exceed $1,644 in the case of an initial 
violation of the AHPA by an individual moving regulated articles not 
for monetary gain, $410,933 in the case of any other person for each 
violation, $688,012 for all violations adjudicated in a single 
proceeding if the violations do not include a willful violation, and 
$1,376,023 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 $410,933 in the case of an individual and $821,869 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 $6,781.
    (ix) Civil penalty for failure to obey Horse Protection Act 
disqualification, codified at 15 U.S.C. 1825(c), has a maximum of 
$13,252.
    (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 specified at 16 U.S.C. 1540(a)(1), has a maximum of $61,984 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 specified at 16 U.S.C. 1540(a)(1), has a maximum of $29,683 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 specified at 16 U.S.C. 1540(a)(1), 
has a maximum of $1,564 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 
$195 and a maximum of $996.
    (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 specified in 9 CFR 88.6, 
has a maximum of $5,891. Each horse transported in violation of 9 CFR 
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 $30,822 for each violation, as specified in 16 U.S.C. 3373(a)(1) 
(but if the plant has a market value of less than $412, 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 will not exceed the maximum 
provided for violation of said law, treaty, or regulation, or $30,822, 
whichever is less).
    (xvi) Civil penalty for violating section 3(f) of the Lacey Act 
Amendments of 1981, as specified in 16 U.S.C. 3373(a)(2), has a maximum 
of $770.
    (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 $137,603 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 $49,585 for each violation, 
except that the maximum penalty for violations occurring during a 
single investigation is $89,289.
    (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 $44,645 for each violation, except that 
the maximum penalty for violations occurring during a single 
investigation is $89,289.
    (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 $210,161,878.
    (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 $18,171 for each violation, except that 
the maximum penalty for violations occurring during a single 
investigation is $72,686.
    (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 $17,725 for each violation, except that 
the maximum penalty for violations occurring during a single 
investigation is $72,686.
    (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 $10,846 for each violation.
    (ii) [Reserved]

[[Page 30033]]

    (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 
$1,116,140 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 
in 16 U.S.C. 620d(c)(2)(A)(i), has a maximum of $167,442 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 $111,614 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 in 16 
U.S.C. 620d(c)(2)(A)(iii), has a maximum of $1,116,140.
    (v) Civil penalty for a violation involving protections of caves, 
codified at 16 U.S.C. 4307(a)(2), has a maximum of $24,393.
    (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 Insurance Act, or who 
fails to comply with a requirement of the Federal Crop Insurance 
Corporation, codified in 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 $14,478.
    (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 in 42 
U.S.C. 1490p(e)(2), has a maximum of $237,267 in the case of an 
individual, and a maximum of $2,372,677 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 in 42 U.S.C. 1490s(a)(2), has a maximum 
of $42,818.
    (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 laws and regulations, codified in 42 
U.S.C. 1490s(b)(3)(A), has a maximum of the greater of: Twice the 
damages USDA, 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 $85,636 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 $18,825 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 $18,825 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 
$18,825 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 $13,760 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 $16,952 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 $13,509.
    (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 $13,509.

John Rapp,
Director, Office of Budget and Program Analysis.
[FR Doc. 2023-09912 Filed 5-9-23; 8:45 am]
BILLING CODE 3410-90-P