Civil Monetary Penalty Inflation Adjustments for 2023, 30029-30033 [2023-09912]
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30029
Rules and Regulations
Federal Register
Vol. 88, No. 90
Wednesday, May 10, 2023
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
[Docket No. USDA–2023–0001]
RIN 0503–AA77
Office of the Secretary, USDA.
Final rule.
AGENCY:
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:
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SUMMARY:
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
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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
Civil Monetary Penalty Inflation
Adjustments for 2023
ACTION:
after an initial adjustment. The civil
monetary penalties are listed according
to the applicable administering agency.
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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
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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
1. The authority citation for part 3,
subpart I, continues to read as follows:
■
Authority: 28 U.S.C. 2461 note.
2. Section 3.91 is amended by revising
paragraphs (a)(2) and (b) to read as
follows:
■
§ 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.
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(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.
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(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
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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.
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(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
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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.
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(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-anddesist 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
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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,
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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
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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]
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(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.
VerDate Sep<11>2014
16:04 May 09, 2023
Jkt 259001
(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
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30033
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
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
19 CFR Chapter I
RIN 1601–ZA20
Notification of Termination of
Temporary Travel Restrictions
Applicable to Land Ports of Entry and
Ferries Service Between the United
States and Canada
Office of the Secretary, U.S.
Department of Homeland Security; U.S.
Customs and Border Protection, U.S.
Department of Homeland Security.
ACTION: Notification of termination of
temporary travel restrictions.
AGENCY:
This Notification announces
the decision of the Secretary of
Homeland Security (‘‘Secretary’’), after
consulting with interagency partners, to
terminate temporary restrictions on
travel by certain noncitizens into the
United States at land ports of entry
(‘‘land POEs’’), including ferry
terminals, along the United StatesCanada border. Under the latest (April
22 2022) notice of the temporary
restrictions, which applied only to
noncitizens who are neither U.S.
nationals nor lawful permanent
residents (‘‘noncitizen non-LPRs’’), DHS
allowed the processing for entry into the
United States of only those noncitizen
non-LPRs who were fully vaccinated
against COVID–19 and could provide
proof of being fully vaccinated against
COVID–19 upon request at arrival. DHS
is terminating these restrictions.
DATES: The restrictions will cease to
have effect as of 12:01 a.m. Eastern
Daylight Time (EDT) on May 12, 2023.
FOR FURTHER INFORMATION CONTACT:
Stephanie E. Watson, Office of Field
SUMMARY:
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[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]
========================================================================
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. 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.
-----------------------------------------------------------------------
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