Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2010-04-07.xml --- 75 66 Wednesday, April 7, 2010 Contents Agricultural Agricultural Marketing Service RULES Department of Agriculture Civil Monetary Penalties Adjustment, 17555-17561 2010-6560 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17682-17683 2010-7855 Agriculture Agriculture Department See Agricultural Marketing Service See Commodity Credit Corporation See Grain Inspection, Packers and Stockyards Administration RULES Department of Agriculture Civil Monetary Penalties Adjustment, 17555-17561 2010-6560 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2010-7812 17681-17682 2010-7813 Centers Centers for Disease Control and Prevention NOTICES Meetings: Board of Scientific Counselors, National Center for Health Statistics, 17754 2010-7800 Coast Guard Coast Guard RULES Drawbridge Operation Regulations: Upper Mississippi River, Rock Island, IL, 17561-17562 2010-7828 Port Access Route Studies: Approaches to Los Angeles - Long Beach and Santa Barbara Channel, 17562-17564 2010-7815 NOTICES Certificate of Alternative Compliance:

Lift Boat GARY CHIASSON ELEVATOR, 17754 2010-7814 Offshore Supply Vessel C-ATLAS, 17755 2010-7827 Offshore Supply Vessel GULF TIGER, 17755 2010-7826 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Credit Corporation RULES Department of Agriculture Civil Monetary Penalties Adjustment, 17555-17561 2010-6560 NOTICES Cooperative Conservation Partnership Initiative:

Chesapeake Bay Watershed, 17683-17690 2010-7808 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Employment Employment and Training Administration NOTICES Availability of Funds and Solicitation for Grant Applications: Category 1--Healthcare Virtual Career Platform and Category 2--Enhancing the Ability of Community- and Faith-Based Organizations, etc., 17771-17786 2010-7869 Energy Energy Department See Energy Information Administration See Federal Energy Regulatory Commission NOTICES Energy Efficient Building Systems Regional Innovation Cluster Initiative:

Joint Federal Funding Opportunity Announcement Information Session II, 17700-17701 2010-7857 Meetings: Environmental Management Site-Specific Advisory Board Chairs, 17701 2010-7860 High Energy Physics Advisory Panel, 17701 2010-7858 Energy Energy Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17702-17703 2010-7861 EPA Environmental Protection Agency RULES Extension of Time-Limited Pesticide Tolerances: Chlorantraniliprole, 17564-17566 2010-7744 Pesticide Tolerances:

Aminopyralid, 17579-17584 2010-7749 Flutolanil, 17566-17571 2010-7624 Nicosulfuron, 17573-17579 2010-7745 Pendimethalin, 17571-17573 2010-7740 PROPOSED RULES Reassessment of Use Authorizations: Polychlorinated Biphenyls (PCBs), 17645-17667 2010-7751 NOTICES Adequacy Status of Knoxville, TN 1997 PM2.5 Attainment Demonstration Motor Vehicle Emissions Budgets, 17709-17710 2010-7879 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17710 2010-7873 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: NSPS for Ammonium Sulfate Manufacturing Plants (Renewal), 17711-17712 2010-7877 Cancellation Orders for Amendments to Terminate Uses: Malathion and Diquat Dibromide, 17712-17713 2010-7505 Receipt of Applications for Emergency Exemptions; Solicitation of Public Comment: Spirotetramat, 17713-17715 2010-7620 Receipt of Pesticide Petition Filed for Temporary Tolerance Exemption: Residues of Prohydrojasmon on Red Apple Varieties, 17715-17716 2010-7754 Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations, 17716-17732 2010-7880 Receipt of Requests to Voluntarily Cancel Pesticide Registrations:

Methidathion, 17735-17737 2010-7508 Monosodium Methanearsonate, 17733-17735 2010-7865 Transfer of Data: Industrial Economics, Inc., 17737-17738 2010-7859 Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Amendments to Restricted Area R-2510A: El Centro, CA, 17561 2010-7802 PROPOSED RULES Airworthiness Directives: Bombardier-Rotax GmbH Type 912 F, 912 S, and 914 F Series Reciprocating Engines, 17632-17637 2010-7831 Rolls-Royce plc RB211 Trent 700 and Trent 800 Series Turbofan Engines, 17630-17632 2010-7830 Proposed Amendments of Class E Airspace:

Cherokee, IA, 17637-17638 2010-7789 FCC Federal Communications Commission RULES Schools and Libraries Universal Service Support Mechanism, 17584-17590 2010-7757 NOTICES Privacy Act; Systems of Records, 17738-17741 2010-7988 FDIC Federal Deposit Insurance Corporation NOTICES Meetings: FDIC Advisory Committee on Community Banking, 17741-17742 2010-7788 Federal Election Federal Election Commission NOTICES Filing Dates for the Georgia Special Election in the 9th Congressional District, 17742-17743 2010-7785 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Notice of Filings, 17703-17706 2010-7817 2010-7818 Complaints:

Flint Hills Resources, LP v. Mid-America Pipeline Co., LLC, 17706 2010-7820 FPL Energy Maine Hydro LLC v. Great Lakes Hydro America LLC et al., 17706 2010-7819 Declaration of Intention and Soliciting Comments, Protests, and/or Motions to Intervene: Alaska Power & Telephone Co., 17707 2010-7824 Filings: Arlington Storage Co., LLC, 17707-17708 2010-7822 Request Under Blanket Authorization: Kinder Morgan Louisiana Pipeline LLC, 17708 2010-7823 Workshops on Penalty Guidelines: Enforcement of Statutes, Orders, Rules and Regulations, 17708-17709 2010-7821 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements;

Availability, etc.: Gilpin, Clear Creek, and Jefferson Counties, CO; Rescinded, 17826 2010-7796 Meetings: Motorcyclist Advisory Council to the Federal Highway Administration, 17829-17830 2010-7777 Federal Housing Federal Housing Enterprise Oversight Office PROPOSED RULES Equal Access to Justice Act Implementation, 17622-17630 2010-7889 Federal Housing Federal Housing Finance Agency PROPOSED RULES Equal Access to Justice Act Implementation, 17622-17630 2010-7889 FMC Federal Maritime Commission NOTICES Ocean Transportation Intermediary License;

Applicants, 17743 2010-7893 Ocean Transportation Intermediary License; Reissuance, 17743-17744 2010-7890 Ocean Transportation Intermediary License; Revocation, 17744 2010-7888 Federal Reserve Federal Reserve System NOTICES Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies, 17743 2010-7853 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 12-Month Finding on Petition to Reclassify Delta Smelt from Threatened to Endangered Throughout Its Range, 17667-17680 2010-7904 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Federal Fish and Wildlife License/Permit Applications and Reports, Migratory Birds, 17757-17758 2010-7807 Approved Recovery Plan for the Scaleshell Mussel, 17758-17760 2010-7849 Endangered and Threatened Wildlife and Plants: Spectacled Eider (Somateria fischeri): Initiation of 5-Year Status Review, 17760-17761 2010-7794 Environmental Impact Statements; Availability, etc.: Arctic National Wildlife Refuge, Fairbanks, AK; Comprehensive Conservation Plan, 17763-17765 2010-7850 Foreign Foreign-Trade Zones Board NOTICES Foreign-Trade Zone 196;

Application for Manufacturing Authority: ATC Logistics & Electronics (Cell Phone Kitting and Distribution), Fort Worth, TX, 17691 2010-7886 Foreign-Trade Zone 196; Application for Temporary/Interim Manufacturing Authority: ATC Logistics & Electronics (Cell Phone Kitting and Distribution), Fort Worth, TX, 17691-17692 2010-7885 Foreign-Trade Zone 75 -- Phoenix, AZ: Application for Reorganization under Alternative Site Framework, 17692 2010-7884 Foreign-Trade Zone 82; Application for Subzone Authority:

ThyssenKrupp Steel and Stainless USA, LLC, 17692-17693 2010-7883 GIPSA Grain Inspection, Packers and Stockyards Administration RULES Department of Agriculture Civil Monetary Penalties Adjustment, 17555-17561 2010-6560 Health Health and Human Services Department See Centers for Disease Control and Prevention See Indian Health Service See National Institutes of Health NOTICES Meetings: HIT Policy Committee Advisory, 17744 2010-7902 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department See Federal Housing Enterprise Oversight Office Indian Indian Health Service NOTICES Funding Announcement:

Tribal Management Grant Program, 17745-17754 2010-7790 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Chattahoochee River National Recreation Area, Georgia; Final General Management Plan, 17756 2010-7786 Meetings: John H. Chafee Blackstone River Valley National Heritage Corridor Commission, 17756-17757 2010-7881 International International Trade Administration NOTICES Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review:

Stainless Steel Sheet and Strip in Coils from Mexico, 17690-17691 2010-7919 Initiation of Antidumping Duty Administrative Reviews: Certain Frozen Warmwater Shrimp from Brazil, India, and Thailand, 17693-17699 2010-7917 Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to InQuota Rate of Duty, 17699-17700 2010-7906 International International Trade Commission NOTICES Investigations: Certain Products Advertised as Containing Creatine Ethyl Ester, 17769-17770 2010-7829 Glyphosate From China, 17768-17769 2010-7809 Justice Justice Department NOTICES Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, 17770 2010-7825 Labor Labor Department See Employment and Training Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Jobs for Veterans Act Priority of Service Provisions, 17771 2010-7816 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Chevron Energy Solutions/Solar Millennium Palen Solar Power Plant, etc., 17765-17766 2010-7833 Solar Millennium's Ridgecrest Solar Power Project, etc., 17762-17763 2010-7832 National Archives National Archives and Records Administration PROPOSED RULES National Historical Publications and Records Commission Regulations, 17638-17641 2010-7779 National Highway National Highway Traffic Safety Administration RULES Federal Motor Vehicle Safety Standards:

Roof Crush Resistance, 17590-17618 2010-7907 2010-7908 Roof Crush Resistance; Correcting Amendment, 17604-17605 2010-7909 NOTICES Grant of Petition for Decision of Inconsequential Noncompliance: China Manufacturers Alliance, LLC, 17826-17827 2010-7866 Goodyear Tire & Rubber Co., 17827-17828 2010-7874 Michelin North America, Inc., 17828-17829 2010-7875 Receipt of Petition for Decision of Inconsequential Noncompliance: Continental Tire North America, Inc., 17830-17831 2010-7870 Reports, Forms, and Recordkeeping Requirements, 17831-17832 2010-7862 NIH National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Jackson Heart Study, 17744-17745 2010-7895 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States: Black Sea Bass Recreational Fishery; Emergency Rule Correction and Extension, 17618-17621 2010-7882 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: General Management Plan for Kings Mountain National Military Park, SC; Termination, 17761-17762 2010-7806 National Park Service Benefits-Sharing, 17763 2010-7871 Special Resource Study for Castle Nugent Farms, St.

Croix, U.S. Virgin Islands; Termination, 17765 2010-7782 National Register of Historic Places: Notification of Pending Nominations and Related Actions, 17767-17768 2010-7835 Weekly Listing of Historic Properties, 17766-17767 2010-7834 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 17786 2010-8011 Nuclear Nuclear Regulatory Commission NOTICES Meetings: ACRS Subcommittee on Power Uprates, 17786-17787 2010-7876 Office of Federal Housing Enterprise Oversight See Federal Housing Enterprise Oversight Office Personnel Personnel Management Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2010-7920 2010-7921 17787-17788 2010-7926 Privacy Act; Computer Matching Program, 17788-17789 2010-7922 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17825 2010-7930 Postal Postal Regulatory Commission NOTICES Nationwide Change in Frequency of Postal Delivery, 17789-17791 2010-7872 Presidential Presidential Documents PROCLAMATIONS Special Observances:

Census Day (Proc. 8488), 17835-17838 2010-8018 National Cancer Control Month (Proc. 8489), 17839-17840 2010-8021 National Child Abuse Prevention Month (Proc. 8490), 17841-17842 2010-8022 National Donate Life Month (Proc. 8491), 17843-17844 2010-8026 National Sexual Assault Awareness Month (Proc. 8492), 17845-17846 2010-8028 SEC Securities and Exchange Commission NOTICES Applications: American Vantage Companies, 17796-17798 2010-7847 Medallion Financial Corp., 17794-17796 2010-7848 Pioneer Bond Fund, et al., 17798-17799 2010-7846 Order of Suspension of Trading:

AB Liquidating Corp. (f/k/a Adaptive Broadband Corp.), et al., 17799 2010-7958 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 2010-7842 17806-17813 2010-7843 NASDAQ OMX BX, Inc., 17802-17803 2010-7839 NASDAQ OMX PHLX, Inc., 17803-17805, 17820-17822 2010-7781 2010-7845 New York Stock Exchange LLC, 17814-17818 2010-7838 2010-7840 NYSE Amex LLC, 17799-17801, 17813-17814, 17818-17820 2010-7836 2010-7837 2010-7841 Options Clearing Corp., 17805-17806 2010-7844 SBA Small Business Administration NOTICES Disaster Declarations:

California, 17792-17793 2010-7783 District of Columbia, 17791 2010-7795 Maine, 17792 2010-7793 New Jersey, 17791-17792 2010-7797 North Carolina, 17792 2010-7780 Exemption Under Section 312 of the Small Business Investment Act, Conflicts of Interest: Gemini Investors IV, L.P., 17793 2010-7778 Meetings: National Small Business Development Center Advisory Board National Small Business Development Center Advisory Board, 17793 2010-7798 Region III Regulatory Fairness Board; Public Federal Regulatory Enforcement Fairness Hearing, 17793 2010-7799 State State Department NOTICES Designation and Determination Pursuant to the Foreign Missions Act, 17822 2010-7905 Meetings:

Cultural Property Advisory Committee, 17823 2010-7898 Shipping Coordinating Committee, 17822-17823 2010-7903 Proposal to Extend the Memorandum of Understanding: Government of the United States of America and Government of the Republic of Italy; Imposition of Import Restrictions, etc., 17823 2010-7894 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration NOTICES Passenger Facility Charge Refunds;

Interpretation of 49 CFR (Section 158.45), 17823-17825 2010-7887 Treasury Treasury Department See United States Mint U.S. Mint United States Mint NOTICES Pricing for 2010 Lincoln One-Cent Coin Two-Roll Set, 17832 2010-7852 Veterans Veterans Affairs Department PROPOSED RULES Update to NFPA 101, Life Safety Code, for State Home Facilities, 17644-17645 2010-7811 Updating Fire Safety Standards, 17641-17644 2010-7810 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Monthly Certification of Flight Training, 17832-17833 2010-7774 VA Loan Electronic Reporting Interface (VALERI) System, 17832 2010-7773 Separate Parts In This Issue Part II Presidential Documents, 17835-17846 2010-8018 2010-8021 2010-8022 2010-8026 2010-8028 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 75 66 Wednesday, April 7, 2010 Rules and Regulations 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. 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). 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. 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 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). § 1.303 [Amended] 2. Amend § 1.303(a)(1)(iv) by removing “$5,000” and adding in its place “the amount specified at § 3.91(b)(11)(i) of this title”. 3. Amend § 1.303(b)(1)(ii) by removing “$5,000” and adding in its place “the amount specified at § 3.91(b)(11)(ii) of this title”. PART 3—DEBT MANAGEMENT Subpart I—Adjusted Civil Monetary Penalties 4. The authority citation for subpart I continues to read as follows: Authority: 28 U.S.C. 2461 note. 5. In § 3.91, revise paragraphs (a)(2) and

(b)to read as follows: § 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 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 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 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 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 6. The authority citation for part 205 continues to read as follows: Authority: 7 U.S.C. 6501-6522. § 205.662 [Amended] 7. Amend § 205.662(g)(1) by removing “$10,000” and adding in its place “the amount specified in § 3.91(b)(1)(xxxvii) of this title”. PART 735—REGULATIONS FOR THE UNITED STATES WAREHOUSE ACT 8. The authority for part 735 continues to read as follows: Authority: 7 U.S.C. 241 *et seq.* § 735.5 [Amended] 9. Amend § 735.5(a) by removing “$25,000” and adding in its place “the amount specified in § 3.91(b)(10)(i) of this title”. PART 800—GENERAL REGULATIONS 10. The authority for part 800 continues to read as follows: Authority: 7 U.S.C. 71-87k. § 800.50 [Amended] 11. Amend § 800.50(d) by removing “$75,000” and adding in its place “the amount specified at § 3.91(b)(6)(viii) of this title”. PART 900—GENERAL REGULATIONS 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. § 900.211 [Amended] 13. Amend § 900.211 by removing “$100” and adding in its place “the amount specified at § 3.91(b)(1)

(viii)of this title”. PART 1170—DAIRY PRODUCT MANDATORY REPORTING PROGRAM 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. § 1170.16 [Amended] 15. Amend § 1170.16(c) by removing “$10,000” and adding in its place “the amount specified at § 3.91(b)(1)(liv) of this title”. PART 1435—SUGAR PROGRAM 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. § 1435.201 [Amended] 17. Amend § 1435.201(a) by removing “$10,000” and adding in its place “the amount specified at § 3.91(b)(10)(ii) of this title”. § 1435.318 [Amended] 18. Amend § 1435.318(e) by removing “$10,000” and adding in its place “the amount specified at § 3.91(b)(10)(iii) of this title”. 19. Amend § 1435.318(f) by removing “$5,000” and adding in its place “the amount specified at § 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]

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