[Federal Register Volume 75, Number 66 (Wednesday, April 7, 2010)]
[Rules and Regulations]
[Pages 17555-17561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6560]
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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. 75, No. 66 / Wednesday, April 7, 2010 / Rules
and Regulations
[[Page 17555]]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Parts 1 and 3
Agricultural Marketing Service
7 CFR Parts 205, 900, and 1170
Grain Inspection, Packers and Stockyards Administration
Farm Service Agency
7 CFR Part 735
7 CFR Part 800
Commodity Credit Corporation
7 CFR Part 1435
RIN 0510-AA03
Department of Agriculture Civil Monetary Penalties Adjustment
AGENCY: Office of the Secretary, Agricultural Marketing Service, Grain
Inspection, Packers and Stockyards Administration, Commodity Credit
Corporation, USDA.
ACTION: Final rule.
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SUMMARY: In accordance with the Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended, this final rule adjusts civil
monetary penalties imposed by agencies within USDA to incorporate an
inflation adjustment.
DATES: Effective Date: Effective May 7, 2010.
FOR FURTHER INFORMATION CONTACT: Maureen James, Esq., OGC, USDA, Room
2011-S, 1400 Independence Avenue, SW., Washington, DC 20250-1400, (202)
260-1615.
SUPPLEMENTARY INFORMATION:
I. The Federal Civil Penalties Inflation Adjustment Act of 1990
The Federal Civil Penalties Inflation Adjustment Act of 1990 (28
U.S.C. 2461 note, Pub. L. 101-410) (Act) requires Federal agencies to
periodically adjust certain civil monetary penalties (CMPs) for
inflation. Under the Act, a CMP is defined as any penalty, fine, or
other sanction for which a Federal statute specifies a monetary amount,
including a range of minimum and maximum amounts. Each Executive Agency
is responsible for adjusting, pursuant to the Act, all CMPs within the
agency's jurisdiction. The Act does not apply to any CMP under the
Internal Revenue Code of 1986, the Tariff Act of 1930, the Occupational
Safety and Health Act of 1970, or the Social Security Act.
The Act requires each Executive Agency to make an initial inflation
adjustment for all applicable CMPs not later than 180 days after the
enactment of the Debt Collection Improvement Act of 1996 (31 U.S.C.
3701 note, section 31001 of Pub. L. 104-134, 110 Stat. 1321) and
subsequent inflation adjustments at least once every 4 years
thereafter. USDA published its initial round of inflation adjustments
in the Federal Register on July 31, 1997, and those adjustments became
effective on September 2, 1997 (62 FR 40924). USDA published its second
round of inflation adjustments in the Federal Register on May 24, 2005,
and those adjustments became effective on June 23, 2005 (70 FR 29573).
All USDA CMP adjustments are codified in subpart I of part 3 of title 7
of the Code of the Federal Regulations (7 CFR 3.91).
This final rule amends 7 CFR 3.91(b) to reflect the third round of
USDA inflation adjustments and 7 CFR 3.91(a)(2) to reflect the new
effective date of this rule. This final rule also makes conforming
amendments to other agency regulations that currently specify dollar
amounts for CMPs that are being adjusted by this final rule.
Method of Calculation
Under the Act, the required inflation adjustment is determined by
adjusting each applicable CMP by the ``cost of living adjustment''
(COLA). The COLA is defined in the Act as the percentage (if any) by
which the Consumer Price Index (CPI) for the month of June of the
calendar year preceding the adjustment, exceeds the CPI for the month
of June of the calendar year in which the amount of such CMP was last
set or adjusted pursuant to law. As required by the Act, USDA used the
CPI for all urban consumers published by the U.S. Department of Labor.
In calculating the COLA, USDA rounded to the nearest tenth.
When USDA first adjusted its CMPs pursuant to the Act in 1997, USDA
explained that ``[t]he rule contained in this notice reflects the
initial adjustment to the listed civil monetary penalties required by
the Act'' (62 FR 40924; July 31, 1997). USDA continues to interpret the
Act such that all listed CMPs undergo the required adjustment whenever
USDA adjusts those CMPs by regulation pursuant to the Act and publishes
the regulation in the Federal Register. In other words, the CMP is
considered to have been adjusted even though the dollar amount of the
penalty does not increase (a situation that arises due to application
of the rounding formulas in section 5(a) of the Act). Thus, all CMPs
contained in the final rule are being adjusted pursuant to the Act.
USDA believes that this interpretation most accurately reflects the
plain language of the statutory text.
For all CMP adjustments in this final rule, USDA used the CPI for
the month of June 2008 (218.8) as the numerator CPI. However, USDA used
different denominator CPI values depending on the penalty being
adjusted:
1. For those CMPs that were last adjusted in 2005, USDA used the
CPI for the month of June 2005 (194.5). Nearly all the CMPs being
adjusted in this final rule fall into this category.
2. For those CMPs specified in statutory provisions that became
effective after the effective date of the last round of USDA CMP
adjustments (June 23, 2005), USDA used the CPI for the month of June
of the year in which those CMPs were last set in statute. The CMPs
in this category are specified in the following 6 subparagraphs of 7
CFR 3.91(b), as amended by this final rule: (1)(lv), (3)(i), (10)(i)
parts of (2)(ii), (2)(v) and (2)(vii).
3. For those CMPs specified in statute provisions that were
effective prior to June 23, 2005, but were erroneously excluded from
the earlier rounds of USDA CMP adjustments, USDA used the CPI for
the month of June of the year in which those CMPs were last set in
statute. The CMPs in that category are specified in the following 9
subparagraphs of 7 CFR 3.91(b), as amended by this final rule:
(1)(liv), (1)(lvi), (9)(i), (10)(ii), (10)(iii), (10)(iv), (10)(v),
(11)(i) and (11)(ii).
[[Page 17556]]
Limitations on Adjustment--Rounding
The adjustment of these CMPs is limited by six specific rounding
formulas set forth in section 5(a) of the Act. Under the Act, raw
inflationary increases are rounded to the nearest: (1) Multiple of $10
in the case of penalties less than or equal to $100; (2) multiple of
$100 in the case of penalties greater than $100 but less than or equal
to $1,000; (3) multiple of $1,000 in the case of penalties greater than
$1,000 but less than or equal to $10,000; (4) multiple of $5,000 in the
case of penalties greater than $10,000 but less than or equal to
$100,000; (5) multiple of $10,000 in the case of penalties greater than
$100,000 but less than or equal to $200,000; and (6) multiple of
$25,000 in the case of penalties greater than $200,000.
Due to these restrictive rounding rules, not all CMP amounts are
being increased in this final rule. For example, the CMP for a
violation of the licensing requirements under the Perishable
Agricultural Commodities Act has a maximum of $1,200. Making a 2009
cost of living adjustment to this penalty would result in a raw
inflationary increase of $120. However, since the penalty is greater
than $1,000 but less than $10,000, rounding formula 3 applies.
It requires that the $120 increase be rounded to the nearest multiple
of $1,000, which is zero. Thus the penalty amount remains unchanged.
Determining which rounding formula to apply depends on the current
amount of the CMP, not on the size of the raw inflationary increase.
Thus, in the example above, the $120 raw inflationary increase is
subject to rounding formula 3 because the amount of that CMP
is $1,200.
Limitations on Adjustment--The ``10 Percent'' Cap on Initial
Adjustments
Adjustment of CMPs under the Act is limited in another important
respect. The Act specifies that the first adjustment of a CMP may not
exceed 10 percent of such penalty. Again, USDA interprets the Act such
that the required adjustment takes place each time USDA adjusts its
CMPs under the Act via regulation published in the Federal Register.
Therefore, all CMPs that are currently in 7 CFR 3.91 underwent their
initial adjustment and were subject to the 10 percent cap when the
first or second round of adjustments became effective, September 2,
1997 or June 23, 2005, respectively.
In this final rule, USDA applied the 10 percent cap only to those
CMPs specified in statues that became effective (1) after June 23,
2005; or (2) before June 23, 2005, but were erroneously excluded from
the second round of USDA adjustments. The CMPs in these two categories
are considered to have undergone their initial adjustment in this final
rule, regardless of whether the CMP dollar amounts are being increased.
II. Civil Monetary Penalties Affected by This Rule
Several USDA agencies administer laws that provide for the
imposition of CMPs being adjusted by this final rule. Those agencies
are: (1) Agricultural Marketing Service; (2) Animal and Plant Health
Inspection Service; (3) Food and Nutrition Service; (4) Food Safety and
Inspection Service; (5) Forest Service; (6) Grain Inspection, Packers
and Stockyards Administration; (7) Federal Crop Insurance Corporation;
(8) Rural Housing Service, (9) Farm Service Agency, (10) Commodity
Credit Corporation, and (11) Office of the Secretary. The CMPs in this
final rule are listed according to the applicable administering agency.
III. Waiver of Proposed Rulemaking
In developing this final rule, we are waiving the usual notice of
proposed rulemaking and public comment procedures contained in 5 U.S.C.
553. We have determined that, under 5 U.S.C. 553(b)(3)(B), good cause
exists for dispensing with the notice of proposed rulemaking and public
comment procedures for this rule. Specifically the rulemaking comports
with and is consistent with the statutory authority required by the
Federal Civil Penalties Inflation Adjustment Act of 1990, as amended,
with no issue of policy discretion. Accordingly, we have determined
that opportunity for prior comment is unnecessary and contrary to the
public interest, and are issuing this revised regulation as a final
rule that will apply to all future cases.
IV. Procedural Requirements
Executive Order 12866
The Office of Management and Budget (OMB) has reviewed this
regulatory action in accordance with the provisions of Executive Order
12866, Regulatory Planning and Review, and has determined that it does
not meet the criteria for significant regulatory action. As indicated
above, the provisions of this final rulemaking contain inflation
adjustments in compliance with the Federal Civil Penalties Inflation
Adjustment Act of 1990. The great majority of individuals,
organizations, and entities affected by this regulation do not engage
in prohibited activities and practices, and as a result, we believe
that any aggregate economic impact of this revised regulation will be
minimal, affecting only those limited few who 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 Parts 1, 3, 205, 800, 900, 1170, and 1435
Administrative practice and procedure, Debt management, Penalties.
0
For the reasons set forth in the preamble, amend 7 CFR parts 1, 3, 205,
800, 900, 1170, and 1435 to read as follows:
PART 1--ADMINISTRATIVE REGULATIONS
0
1. The authority for part 1 continues to read as follows:
Authority: 5 U.S.C. 301, 552; 7 U.S.C. 3125a; 31 U.S.C. 9701;
and 7 CFR 2.28(b)(7)(viii).
Sec. 1.303 [Amended]
0
2. Amend Sec. 1.303(a)(1)(iv) by removing ``$5,000'' and adding in its
place ``the amount specified at Sec. 3.91(b)(11)(i) of this title''.
0
3. Amend Sec. 1.303(b)(1)(ii) by removing ``$5,000'' and adding in its
place ``the amount specified at Sec. 3.91(b)(11)(ii) of this title''.
PART 3--DEBT MANAGEMENT
Subpart I--Adjusted Civil Monetary Penalties
0
4. The authority citation for subpart I continues to read as follows:
Authority: 28 U.S.C. 2461 note.
0
5. In Sec. 3.91, revise paragraphs (a)(2) and (b) to read as follows:
Sec. 3.91 Adjusted civil monetary penalties.
(a) * * *
(2) Any increase in the dollar amount of a civil monetary penalty
listed in paragraph (b) of this section shall apply
[[Page 17557]]
only to violations occurring after May 7, 2010.
* * * * *
(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 $750 in the case of the first offense, and
a minimum of $1,100 in the case of subsequent offenses, except that the
penalty shall be less than $1,100 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 $2,200.
(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 $1,200 for each such offense and not more
than $350 for each day it continues, or a maximum of $350 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 $2,000 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 $110 and a maximum of $11,000.
(vi) Civil penalty for a violation of the Export Grape and Plum
Act, codified at 7 U.S.C. 596, has a minimum of $110 and a maximum of
$11,000.
(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 $1,100.
(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
$110.
(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 $37.50
and a maximum of $750.
(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 $1,100.
(xi) Civil penalty for failure to obey a cease and desist order, or
for deceptive marketing, under the Plant Variety Protection Act,
codified at 7 U.S.C. 2568(b), has a minimum of $750 and a maximum of
$11,000.
(xii) 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 $750 and a maximum of $7,500.
(xiii) 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 $750.
(xiv) 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 $750 and a maximum of $7,500.
(xv) 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 $750.
(xvi) 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 $7,500.
(xvii) 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 $1,100.
(xviii) 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 $750 and a maximum of $7,500.
(xix) 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 $750.
(xx) Civil penalty for violation of an order under the Dairy
Promotion Program, codified at 7 U.S.C. 4510(b), has a maximum of
$1,100.
(xxi) 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 $750
and a maximum of $7,500.
(xxii) 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 $750.
(xxiii) 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 $1,100.
(xxiv) 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 $750.
(xxv) 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 $750 and a maximum of $7,500.
(xxvi) 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 $750.
(xxvii) 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 a 7 U.S.C. 6009(c)(1), has
a minimum of $1,100 and a maximum of $11,000.
(xxviii) Civil penalty for failure to obey a cease and desist order
under the Pecan Promotion and Research Act of 1990, codified a 7 U.S.C.
6009(e), has a maximum of $1,100.
(xxix) 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 $750 and a maximum of $7,500.
(xxx) 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 $750.
(xxxi) 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 $750 and a maximum of $7,500.
(xxxii) 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 $750.
(xxxiii) 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
[[Page 17558]]
U.S.C. 6307(c)(1)(A), has a maximum of $1,100.
(xxxiv) 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 $7,500.
(xxxv) 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 $750 and a maximum of $7,500, or in the case of a violation
that is willful, codified at 7 U.S.C. 6411(c)(1)(B), has a minimum of
$11,000 and a maximum of $140,000.
(xxxvi) 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 $7,500.
(xxxvii) 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(a), has a maximum of $11,000.
(xxxviii) 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 $750 and a
maximum of $7,500.
(xxxix) 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 $7,500.
(xl) 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 $1,100.
(xli) 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 $750.
(xlii) 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 $1,200 and a
maximum of $12,000 for each violation.
(xliii) 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 $1,200 and a maximum of
$12,000 for each day the violation occurs.
(xliv) 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 $1,200 for each violation.
(xlv) Civil penalty for failure to obey a cease and desist order
under the Canola and Rapeseed Research, Promotion, and Consumer
Information Act, codified at 7 U.S.C. 7448(e), has a maximum of $7,000
for each day the violation occurs.
(xlvi) 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 $700
and a maximum of $7,000 for each violation.
(xlvii) 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 $700
for each day the violation occurs.
(xlviii) 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 $1,200 for each
violation.
(xlix) 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
$7,500 for each violation.
(l) 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 $1,100
and a maximum of $11,000 for each violation.
(li) 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 $11,000 for
each offense.
(lii) 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 $11,000 for each violation.
(liii) 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 $11,000 for each violation.
(liv) 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 $11,000 for
each offense.
(lv) 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 $1,000 for each violation.
(lvi) Civil penalty for violations of the Dairy Research Program,
codified at 7 U.S.C. 4535 & 4510(b), has a maximum of $1,100 for each
violation.
(2) Animal and Plant Health Inspection Service--
(i) Civil penalty for a violation of the imported seed provisions
of the Federal Seed Act, codified at 7 U.S.C. 1596(b), has a minimum of
$37.50 and a maximum of $750.
(ii) Civil penalty for a violation of the Animal Welfare Act,
codified at 7 U.S.C. 2149(b), has a maximum of $10,000, and knowing
failure to obey a cease and desist order has a civil penalty of $1,650.
(iii) Civil penalty for any person that causes harm to, or
interferes with, an animal used for the purposes of official inspection
by the Department, codified at 7 U.S.C. 2279e(a), has a maximum of
$11,000.
(iv) Civil penalty for a violation of the Swine Health Protection
Act, codified at 7 U.S.C. 3805(a), has a maximum of $11,000.
(v) Civil penalty for any person that violates the Plant Protection
Act (PPA), or that forges, counterfeits, or, without authority from the
Secretary, uses, alters, defaces, or destroys any certificate, permit,
or other document provided for in the PPA, codified a 7 U.S.C.
7734(b)(1), has a maximum of the greater of: $60,000 in the case of any
individual (except that the civil penalty may not exceed $1,100 in the
case of an initial violation of the PPA by an individual moving
regulated articles not for monetary gain), $300,000 in the case of any
other person for each violation, $500,000 for all violations
adjudicated in a single proceeding if the violations do not include a
willful violation, and $1,000,000 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: $60,000 in
[[Page 17559]]
the case of any individual, except that the civil penalty may not
exceed $1,100 in the case of an initial violation of the AHPA by an
individual moving regulated articles not for monetary gain, $300,000 in
the case of any other person for each violation, $500,000 for all
violations adjudicated in a single proceeding if the violations do not
include a willful violation, and $1,000,000 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 $300,000 in the case of an individual and $600,000 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 $2,200.
(ix) Civil penalty for failure to obey Horse Protection Act
disqualification, codified at 15 U.S.C. 1825(c), has a maximum of
$4,300.
(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 recordkeeping or filing reports), (f), or
(g) of the Endangered Species Act of 1973 (16 U.S.C. 1538(a)(1)(A)
through (F), (a)(2)(A) through (D), (c), (d), (f), and (g)), as set
forth at 16 U.S.C. 1540(a), has a maximum of $37,500.
(xi) Civil penalty for knowingly violating, or, if in the business
as an importer or exporter, violating, with respect to terrestrial
plants, any other regulation under the Endangered Species Act of 1973,
as set forth at 16 U.S.C. 1540(a), has a maximum of $18,200.
(xii) Civil penalty for violation, with respect to terrestrial
plants, of the Endangered Species Act of 1973, or any regulation,
permit, or certificate issued thereunder, as set forth at 16 U.S.C.
1540(a), has a maximum of $750.
(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
$110 and a maximum of $650.
(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 $100,000 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 $32,000 for each violation,
except that the maximum penalty for violations occurring during a
single investigation is $59,000.
(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 $32,000 for each violation, except that
the maximum penalty for violations occurring during a single
investigation is $59,000.
(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 $145,200,000.
(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 $11,000 for each violation, except that
the maximum penalty for violations occurring during a single
investigation is $49,000.
(vi) Civil penalty for a vendor convicted of selling firearms,
ammunition, explosives, 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 $11,000 for each violation, except that
the maximum penalty for violations occurring during a single
investigation is $49,000.
(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
$7,500 for each violation.
(ii) Civil penalty for failure to timely file certain reports,
codified at 21 U.S.C. 467d, has a maximum of $110 per day for each day
the report is not filed.
(iii) Civil penalty for failure to timely file certain reports,
codified at 21 U.S.C. 677, has a maximum of $110 per day for each day
the report is not filed.
(iv) Civil penalty for failure to timely file certain reports,
codified at 21 U.S.C. 1051, has a maximum of $110 per day for each day
the report is not filed.
(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 $750,000 per
violation or three times the gross value of the unprocessed timber,
whichever is greater.
(ii) Civil penalty for a violation in disregard of the Forest
Resources Conservation and Shortage Relief Act or the regulations that
implement such Act regardless of whether such violation caused the
export of unprocessed timber originating from Federal lands, codified
at 16 U.S.C. 620d(c)(2)(A)(i), has a maximum of $107,500 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 $70,000 per violation.
(iv) Civil penalty for a willful violation of the Forest Resources
Conservation and Shortage Relief Act or the regulations that implement
such Act regardless of whether such violation caused the export of
unprocessed timber originating from Federal lands, codified at 16
U.S.C. 620d(c)(2)(A)(iii), has a maximum of $725,000.
(v) Civil penalty for a violation involving protections of caves,
codified at 16 U.S.C. 4307(a)(2), has a maximum of $11,000.
(6) Grain Inspection, Packers and Stockyards Administration--
(i) Civil penalty for a packer or swine contractor violation,
codified at 7 U.S.C. 193(b), has a maximum of $11,000.
(ii) Civil penalty for a livestock market agency or dealer failure
to register, codified at 7 U.S.C. 203, has a maximum of $750 and not
more than $37.50 for each day the violation continues.
(iii) Civil penalty for operating without filing, or in violation
of, a stockyard rate schedule, or of a
[[Page 17560]]
regulation or order of the Secretary made thereunder, codified at 7
U.S.C. 207(g), has a maximum of $750 and not more than $37.50 for each
day the violation continues.
(iv) Civil penalty for a stockyard owner, livestock market agency
and dealer violation, codified at 7 U.S.C. 213(b), has a maximum of
$11,000.
(v) Civil penalty for a stockyard owner, livestock market agency
and dealer compliance order, codified at 7 U.S.C. 215(a), has a maximum
of $750.
(vi) Civil penalty for failure to file required reports, codified
at 15 U.S.C. 50, has a maximum of $110.
(vii) Civil penalty for live poultry dealer violations, codified at
7 U.S.C. 228b-2(b), has a maximum of $32,000.
(viii) Civil penalty for a violation, codified at 7 U.S.C. 86(c),
has a maximum of $107,500.
(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, codified at 7 U.S.C. 1506(n)(1)(A), has
a maximum of $11,000.
(ii) Civil penalty for any person who willfully and intentionally
provides any false or inaccurate information to the Federal Crop
Insurance Corporation or to an approved insurance provider with respect
to any insurance plan or policy that is offered under the authority of
the Federal Crop Insurance Act, or who fails to comply with a
requirement of the Federal Crop Insurance Corporation, codified at 7
U.S.C. 1515(h)(3)(A), has a maximum of the greater of: the amount of
the pecuniary gain obtained as a result of the false or inaccurate
information or the noncompliance; or $11,000.
(8) Rural Housing Service--
(i) Civil penalty for a violation of section 536 of Title V of the
Housing Act of 1949, codified at 42 U.S.C. 1490p(e)(2), has a maximum
of $120,000 in the case of an individual, and a maximum of $1,200,000
in the case of an applicant other than an individual.
(ii) Civil penalty for equity skimming under section 543(a) of the
Housing Act of 1949, codified at 42 U.S.C. 1490s(a)(2), has a maximum
of $32,500.
(iii) Civil penalty under section 543b of the Housing Act of 1949
for a violation of regulations or agreements made in accordance with
Title V of the Housing Act of 1949, by submitting false information,
submitting false certifications, failing to timely submit information,
failing to maintain real property in good repair and condition, failing
to provide acceptable management for a project, or failing to comply
with applicable civil rights statutes and regulations, codified at 42
U.S.C. 1490s(b)(3)(A), has a maximum of the greater of: twice the
damages the Department, guaranteed lender, or project that is secured
for a loan under Title V, suffered or would have suffered as a result
of the violation; or $60,000 per violation.
(9) Farm Service Agency--
(i) Civil penalty for failure to comply with certain provisions of
the U.S. Warehouse Act, codified at 7 U.S.C. 254, has a maximum of
$27,500 per violation if an agricultural product is not involved in the
violation.
(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 $10,000 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 $10,000 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
$10,000 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 $5,500 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 $5,500 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 $5,500.
(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 $5,500.
PART 205--NATIONAL ORGANIC PROGRAM
0
6. The authority citation for part 205 continues to read as follows:
Authority: 7 U.S.C. 6501-6522.
Sec. 205.662 [Amended]
0
7. Amend Sec. 205.662(g)(1) by removing ``$10,000'' and adding in its
place ``the amount specified in Sec. 3.91(b)(1)(xxxvii) of this
title''.
PART 735--REGULATIONS FOR THE UNITED STATES WAREHOUSE ACT
0
8. The authority for part 735 continues to read as follows:
Authority: 7 U.S.C. 241 et seq.
Sec. 735.5 [Amended]
0
9. Amend Sec. 735.5(a) by removing ``$25,000'' and adding in its place
``the amount specified in Sec. 3.91(b)(10)(i) of this title''.
PART 800--GENERAL REGULATIONS
0
10. The authority for part 800 continues to read as follows:
Authority: 7 U.S.C. 71-87k.
Sec. 800.50 [Amended]
0
11. Amend Sec. 800.50(d) by removing ``$75,000'' and adding in its
place ``the amount specified at Sec. 3.91(b)(6)(viii) of this title''.
PART 900--GENERAL REGULATIONS
0
12. The authority citation for part 900 continues to read as follows:
Authority: 7 U.S.C. 601-674 and 7 U.S.C. 7401.
Sec. 900.211 [Amended]
0
13. Amend Sec. 900.211 by removing ``$100'' and adding in its place
``the amount specified at Sec. 3.91(b)(1) (viii) of this title''.
PART 1170--DAIRY PRODUCT MANDATORY REPORTING PROGRAM
0
14. The authority citation for part 1170 continues to read as follows:
Authority: 7 U.S.C. 1637-1637b, as amended by Pub. L. 106-532,
114 Stat. 2541 and Pub. L. 107-171, 116 Stat. 207.
[[Page 17561]]
Sec. 1170.16 [Amended]
0
15. Amend Sec. 1170.16(c) by removing ``$10,000'' and adding in its
place ``the amount specified at Sec. 3.91(b)(1)(liv) of this title''.
PART 1435--SUGAR PROGRAM
0
16. The authority citation for part 1435 continues to read as follows:
Authority: 7 U.S.C. 1359aa-1359jj and 7272 et seq.; 15 U.S.C.
714b and 714c.
Sec. 1435.201 [Amended]
0
17. Amend Sec. 1435.201(a) by removing ``$10,000'' and adding in its
place ``the amount specified at Sec. 3.91(b)(10)(ii) of this title''.
Sec. 1435.318 [Amended]
0
18. Amend Sec. 1435.318(e) by removing ``$10,000'' and adding in its
place ``the amount specified at Sec. 3.91(b)(10)(iii) of this title''.
0
19. Amend Sec. 1435.318(f) by removing ``$5,000'' and adding in its
place ``the amount specified at Sec. 3.91(b)(10)(iv) of this title''.
Dated: January 12, 2010.
Thomas J. Vilsack,
Secretary, U.S. Department of Agriculture.
Dated: January 26, 2010.
David Shipman,
Associate Administrator, Agricultural Marketing Service.
Dated: February 19, 2010.
J. Dudley Butler,
Administrator, Grain Inspection, Packers and Stockyards Administration.
Dated: February 19, 2010.
Jonathan Coppess,
Administrator, Farm Service Agency.
[FR Doc. 2010-6560 Filed 4-6-10; 8:45 am]
BILLING CODE P