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--- schema: federal-register doc_type: fedreg source_file: FR-2017-12-05.xml --- 82 232 Tuesday, December 5, 2017 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service RULES Inflation Catch-Up Adjustment of Civil Monetary Penalty Amounts, 57331-57336 2017-26194 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 57423-57424 2017-26109 Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau RULES Statutory Amendments Requiring the Modification of the Definition of Hard Cider;

Delayed Compliance Date of the Hard Cider Tax Class Labeling Statement Requirement, 57351-57353 2017-26281 PROPOSED RULES Statutory Amendments Requiring the Modification of the Definition of Hard Cider; Delayed Compliance Date of the Hard Cider Tax Class Labeling Statement Requirement; Reopening of Comment Period, 57392-57395 2017-26283 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Importation of Baby Squash and Baby Courgettes from Zambia, 57425 2017-26152 Environmental Assessments;

Availability, etc.: Release of Aceria drabae for Biological Control of Hoary Cress, 57424-57425 2017-26154 Petitions for Determinations of Nonregulated Status: Texas A and M AgriLife Research Cotton Genetically Engineered for Ultra-low Gossypol Levels in Cottonseed, 57426-57427 2017-26155 Centers Disease Centers for Disease Control and Prevention NOTICES Statement of Organization, Functions, and Delegations of Authority, 57453-57458 2017-26150 2017-26151 2017-26148 2017-26149 Civil Rights Civil Rights Commission NOTICES Meetings:

Connecticut Advisory Committee, 57427 2017-26134 Coast Guard Coast Guard RULES Drawbridge Operations: Rigolets Pass, Slidell, LA, 57353-57354 2017-26094 Safety Zones: Mamala Bay, Oahu, HI, 57354-57356 2017-26142 PROPOSED RULES Safety Zones: Oregon Inlet, Dare County, NC, 57413-57415 2017-26147 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Financial Resource Requirements for Derivatives Clearing Organizations, 57430-57431 2017-26141 Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Center on Law and Elder Rights, 57458-57460 2017-26116 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Disaster Response Cooperative Agreements, 57431-57432 2017-26186 Defense Acquisition Defense Acquisition Regulations System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57432-57433 2017-26180 2017-26181 Defense Department Defense Department See Defense Acquisition Regulations System Defense Nuclear Defense Nuclear Facilities Safety Board NOTICES Meetings; Sunshine Act, 57433 2017-26284 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: College Affordability and Transparency Explanation Form, 57433-57434 2017-26131 OSERS Peer Review Data Form, 57433 2017-26095 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: New York; Cross-State Air Pollution Rule; NO <sup>X</sup> Annual and SO <sup>2</sup> Group 1 Trading Programs, 57362-57367 2017-26079 West Virginia; 2015 Ozone National Ambient Air Quality Standards;

Withdrawal of Direct Final Rule, 57362 2017-26077 Tolerance Exemptions: 1,3-dibromo-5,5-dimethylhydantoin, 57367-57370 2017-25842 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Massachusetts; Logan Airport Parking Freeze, 57415-57418 2017-26182 West Virginia; Removal of Source-Specific Requirements for Permanently Shutdown Facilities, 57418-57419 2017-26183 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Continuous Release Reporting Requirements; Reporting Air Releases of Hazardous Substances from Animal Wastes at Farms under CERCLA Section 103, 57443-57444 2017-26185 Executive Office Executive Office for Immigration Review RULES Annual Limitation on Suspension of Deportation and Cancellation of Removal, 57336-57340 2017-26104 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 57340-57343 2017-26037 The Boeing Company Airplanes, 57343-57346 2017-26040 PROPOSED RULES Airworthiness Directives:

Airbus Helicopters Deutschland GmbH Helicopters, 57390-57392 2017-26039 The Boeing Company Airplanes, 57383-57389 2017-24811 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57444-57452 2017-26156 2017-26157 2017-26158 2017-26160 2017-26161 2017-26162 2017-26163 Meetings: Communications Security, Reliability, and Interoperability Council, 57444 2017-26159 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 57434-57436, 57438, 57441-57443 2017-26097 2017-26098 2017-26099 2017-26100 2017-26132 2017-26133 2017-26136 Environmental Assessments;

Availability, etc.: National Fuel Gas Supply Corp.; FM100 Modernization Project, 57436-57438 2017-26140 Environmental Reviews: Venture Global Calcasieu Pass, LLC; TransCameron Pipeline, LLC; Calcasieu Pass Project, 57440-57441 2017-26139 WBI Energy Transmission, Inc.; Billy Creek Storage Field Abandonment Project, 57438-57439 2017-26137 Meetings: Grand River Dam Authority; Public Information Session, 57440 2017-26138 Records Governing Off-the-Record Communications, 57439-57440 2017-26101 Fish Fish and Wildlife Service NOTICES Change in Regional Partners for Upper Copper River Region for the Alaska Migratory Bird Co-Management Council, 57465 2017-26169 Permit Applications:

American Burying-Beetle Amended Oil and Gas Industry Conservation Plan in Oklahoma, 57465-57466 2017-26187 Food and Drug Food and Drug Administration NOTICES Guidance: Categorization of Investigational Device Exemption Devices to Assist the Centers for Medicare and Medicaid Services with Coverage Decisions, 57460-57462 2017-26195 Technical Considerations for Additive Manufactured Medical Devices, 57462-57463 2017-26196 Foreign Claims Foreign Claims Settlement Commission NOTICES Meetings;

Sunshine Act, 57468 2017-26259 Foreign Trade Foreign-Trade Zones Board NOTICES Subzone Expansions; Approvals: Consolidated Diesel Co.; Subzone 214A; Enfield, NC, 57427 2017-26166 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Did You Feel It? Earthquake Questionnaire, 57466-57467 2017-26135 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Community Living Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See U.S.

Customs and Border Protection Interior Interior Department See Fish and Wildlife Service See Geological Survey See National Park Service Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57523-57529 2017-26115 2017-26117 2017-26174 2017-26175 2017-26177 2017-26178 2017-26179 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Pasta from Italy, 57428-57430 2017-26165 High Pressure Steel Cylinders from the People's Republic of China, 57427-57428 2017-26164 Justice Department Justice Department See Executive Office for Immigration Review See Foreign Claims Settlement Commission Labor Department Labor Department See Wage and Hour Division Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Waiver of the Coastwise Trade Laws for Small Passenger Vessels, 57522-57523 2017-26173 Procedures for Determining Vessel Services Categories for Purposes of the Cargo Preference Act, 57523 2017-26170 Request for Waiver of Service Obligation, Request for Deferment of Services Obligation, Application for Review, 57521 2017-26171 Title XI Obligation Guarantees, 57522 2017-26172 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 57463-57464 2017-26189 National Institute on Aging, 57464 2017-26190 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States: Summer Flounder Fishery; Commercial Quota Harvested for the State of New Jersey, 57382 2017-26176 PROPOSED RULES Requirements of the Vessel Monitoring System Type-Approval, 57419-57422 2017-26197 National Park National Park Service NOTICES National Register of Historic Places:

Pending Nominations and Related Actions, 57467-57468 2017-26168 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Facility Operating and Combined Licenses: Applications and Amendments Involving No Significant Hazards Considerations; Biweekly Notice, 57469-57478 2017-25901 Applications and Amendments Involving Proposed No Significant Hazards Considerations, etc., 57478-57484 2017-25390 Meetings; Sunshine Act, 57468 2017-26270 Personnel Personnel Management Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Initial Certification of Full-Time School Attendance, 57488 2017-26108 Representative Payee Application and Information Necessary for a Competency Determination, 57487 2017-26110 Request to Disability Annuitant for Information on Physical Condition and Employment, 57487-57488 2017-26111 Privacy Act; Systems of Records, 57484-57487, 57489-57491 2017-26105 2017-26107 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 57491-57492 2017-26198 Postal Service Postal Service RULES International Mailing Services:

Mailing Services Product and Price Changes, 57356-57362 2017-26143 NOTICES Product Changes: Priority Mail and First-Class Package Service Negotiated Service Agreement, 57492 2017-26119 Priority Mail Negotiated Service Agreement, 57492 2017-26118 Securities Securities and Exchange Commission NOTICES Applications: American Century ETF Trust and American Century Investment Management, Inc., 57506-57508 2017-26114 Meetings; Sunshine Act, 57509-57510 2017-26219 Self-Regulatory Organizations;

Proposed Rule Changes: Cboe Exchange, Inc., 57501-57505 2017-26122 Nasdaq BX, Inc., 57492-57494 2017-26128 Nasdaq GEMX, LLC, 57516-57518 2017-26125 Nasdaq ISE, LLC, 57505-57506 2017-26127 Nasdaq MRX, LLC, 57495-57497 2017-26126 Nasdaq PHLX, LLC, 57508-57509, 57518-57520 2017-26124 2017-26123 NYSE Arca, Inc., 57497-57501 2017-26120 2017-26130 The Nasdaq Stock Market, LLC, 57494-57495, 57510-57516 2017-26121 2017-26129 Selective Selective Service System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 57520 2017-26096 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57520-57521 2017-26167 Surface Transportation Surface Transportation Board RULES Expediting Rate Cases, 57370-57382 2017-26153 Transportation Department Transportation Department See Federal Aviation Administration See Maritime Administration Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Internal Revenue Service RULES Emergency Import Restrictions Imposed on Archaeological and Ethnological Materials from Libya, 57346-57351 2017-26278 Customs U.S.

Customs and Border Protection RULES Emergency Import Restrictions Imposed on Archaeological and Ethnological Materials from Libya, 57346-57351 2017-26278 NOTICES Commercial Gaugers and Laboratories; Accreditations and Approvals: AmSpec LLC, 57464-57465 2017-26144 Wage Wage and Hour Division PROPOSED RULES Tip Regulations under the Fair Labor Standards Act, 57395-57413 2017-25802 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 82 232 Tuesday, December 5, 2017 Rules and Regulations DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 3 RIN 0510-AA04 Inflation Catch-Up Adjustment of Civil Monetary Penalty Amounts AGENCY: Office of the Secretary, USDA.

ACTION: Final rule. SUMMARY: This final rule amends USDA's civil monetary penalty regulations by making inflation adjustments as mandated by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. USDA also removes one obsolete civil monetary penalty

(CMP)regulation previously authorized under a statute that is no longer current law. DATES: Effective December 5, 2017. FOR FURTHER INFORMATION CONTACT: Heather Self, Esq., OGC, USDA, Room 3311-S, 1400 Independence Avenue SW., Washington, DC 20250-1400,

(202)720-5840. SUPPLEMENTARY INFORMATION: I. Background On November 2, 2015, the President signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act), which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (the Inflation Adjustment Act), to improve the effectiveness of CMPs and to maintain their deterrent effect. The 2015 Act requires agencies to:

(1)Adjust the level of CMPs with an initial “catch-up” adjustment through a final rulemaking (FR); and

(2)Make subsequent annual adjustments for inflation. Previously, the Inflation Adjustment Act required agencies to adjust CMP levels every 4 years based on the percentage by which the Consumer Price Index

(CPI)for the month of June of the prior calendar year exceeded the CPI for the month of June of the calendar year during which the last adjustment was made. The Inflation Adjustment Act also capped the increase for each adjustment at 10 percent and rounded the adjustment based on the size of the penalty (for example, multiple of $10 in the case of penalties less than or equal to $100). The rounding process meant that penalties would often not be increased at all if the inflation factor was not large enough. Furthermore, the cap on increases of 10 percent in tandem with the rounding meant that the formula over time caused penalties to lose value relative to total inflation. The 2015 Act updates these requirements by prescribing that agencies make annual adjustments for inflation based on the CPI for the month of October and round to the nearest dollar after an initial adjustment. In order to eliminate the inconsistent changes caused by the prior method, the 2015 Act resets the inflation adjustment by excluding prior inflationary adjustments under the Inflation Adjustment Act, which contributed to a decline in the real value of penalty levels. To do this, the 2015 Act provides that the initial adjustment will be the percentage by which the CPI for the month of October 2015 exceeds that of the month of October of the calendar year during which the amount of the CMP was originally established or otherwise adjusted under a provision of law other than the Inflation Adjustment Act. While the 2015 Act does not provide a cap on adjustments going forward, the initial adjustment under the 2015 Act does limit large CMP increases by providing that no initial adjustments may exceed 150 percent of the amount of the CMP as of the date the 2015 Act was enacted, November 2, 2015. Lastly, the 2015 Act requires that agencies publish a final rule with the initial adjustment by July 1, 2016, and have the adjustments take effect no later than August 1, 2016. The initial adjustment under the 2015 Act also provides that, following public comment, the head of an agency may reduce the required increase if the agency head determines that the increase will have a negative economic impact or the social costs of the increase outweigh the benefits and the Director of the Office of Management and Budget concurs. II. CMPs Affected by This Final Rule Several USDA agencies administer laws that provide for the imposition of CMPs being adjusted by this final rule. Those agencies are:

(1)Agricultural Marketing Service;

(2)Animal and Plant Health Inspection Service;

(3)Food and Nutrition Service;

(4)Food Safety and Inspection Service;

(5)Forest Service;

(6)Grain Inspection, Packers and Stockyards Administration;

(7)Federal Crop Insurance Corporation;

(8)Rural Housing Service,

(9)Farm Service Agency,

(10)Commodity Credit Corporation, and

(11)Office of the Secretary. The CMPs in this final rule are listed according to the applicable administering agency. III. Waiver of Proposed Rulemaking In developing this final rule, we are waiving the usual notice of proposed rulemaking and public comment procedures contained in 5 U.S.C. 553. We have determined that, under 5 U.S.C. 553(b)(3)(B), good cause exists for dispensing with the notice of proposed rulemaking and public comment procedures for this rule. Specifically the rulemaking comports with and is consistent with the statutory authority required by Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, as amended, with no issue of policy discretion. Accordingly, we have determined that opportunity for prior comment is unnecessary and contrary to the public interest, and we are issuing this revised regulation as a final rule that will apply to all future cases. IV. Procedural Requirements Executive Order 12866 The Office of Management and Budget

(OMB)has reviewed this regulatory action in accordance with the provisions of Executive Order 12866, Regulatory Planning and Review, and has determined that it does not meet the criteria for significant regulatory action. Additionally, because this rule does not meet the definition of a significant regulatory action, it does not trigger the requirements contained in Executive Order 13771. See OMB's Memorandum titled “Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017, titled `Reducing Regulation and Controlling Regulatory Costs' ” (February 2, 2017). As indicated above, the provisions of this final rulemaking contain inflation adjustments in compliance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The great majority of individuals, organizations, and entities affected participating in the programs affected by this regulation do not engage in prohibited activities and practices that would result in civil monetary penalties being incurred. Accordingly, we believe that any aggregate economic impact of this revised regulation will be minimal, affecting only the limited number of program participants that may engage in prohibited behavior in violation of the statutes. Regulatory Flexibility Act The provisions of the Regulatory Flexibility Act relating to an initial and final regulatory flexibility analysis (5 U.S.C. 603, 604) are not applicable to this final rule because USDA was not required to publish notice of proposed rulemaking under 5 U.S.C. 553 or any other law. Accordingly, a regulatory flexibility analysis is not required. Paperwork Reduction Act This final rule imposes no new reporting or recordkeeping requirements necessitating clearance by OMB. List of Subjects in 7 CFR Part 3 Administrative practice and procedure, Debt management, Penalties. For the reasons set forth in the preamble, USDA amends 7 CFR part 3 as follows: PART 3—DEBT MANAGEMENT Subpart I—Adjusted Civil Monetary Penalties 1. The authority citation for subpart I continues to read as follows: Authority: 28 U.S.C. 2461 note. 2. Revise § 3.91(a)(1),

(2)and

(b)to read as follows: § 3.91 Adjusted civil monetary penalties.

(a)* * *

(1)*Adjustments.* The Secretary will adjust the civil monetary penalties, listed in paragraph

(b)of this section, to take account of inflation as mandated by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, as amended.

(2)*Timing.* Any increase in the dollar amount of a civil monetary penalty listed in paragraph

(b)of this section applies only to violations occurring after December 5, 2017.

(b)*Penalties.* — *(1) Agricultural Marketing Service* —(i) Civil penalty for improper recordkeeping, codified at 7 U.S.C. 136i-1(d), has: A maximum of $905 in the case of the first offense, and a minimum of $1,759 in the case of subsequent offenses, except that the penalty will be less than $1,759 if the Secretary determines that the person made a good faith effort to comply.

(ii)Civil penalty for a violation of the unfair conduct rule under the Perishable Agricultural Commodities Act, in lieu of license revocation or suspension, codified at 7 U.S.C. 499b(5), has a maximum of $4,928.

(iii)Civil penalty for violation of the licensing requirements under the Perishable Agricultural Commodities Act, codified at 7 U.S.C. 499c(a), has a maximum of $1,573 for each such offense and not more than $393 for each day it continues, or a maximum of $393 for each offense if the Secretary determines the violation was not willful.

(iv)Civil penalty in lieu of license suspension under the Perishable Agricultural Commodities Act, codified at 7 U.S.C. 499h(e), has a maximum penalty of $3,145 for each violative transaction or each day the violation continues.

(v)Civil penalty for a violation of the Export Apple Act, codified at 7 U.S.C. 586, has a minimum of $144 and a maximum of $14,372.

(vi)Civil penalty for a violation of the Export Grape and Plum Act, codified at 7 U.S.C. 596, has a minimum of $275 and a maximum of $27,500.

(vii)Civil penalty for a violation of an order issued by the Secretary under the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, codified at 7 U.S.C. 608c(14)(B), has a maximum of $2,750. Each day the violation continues is a separate violation.

(viii)Civil penalty for failure to file certain reports under the Agricultural Adjustment Act, reenacted by the Agricultural Marketing Agreement Act of 1937, codified at 7 U.S.C. 610(c), has a maximum of $275.

(ix)Civil penalty for a violation of a seed program under the Federal Seed Act, codified at 7 U.S.C. 1596(b), has a minimum of $94 and a maximum of $1,875.

(x)Civil penalty for failure to collect any assessment or fee for a violation of the Cotton Research and Promotion Act, codified at 7 U.S.C. 2112(b), has a maximum of $2,750.

(xi)Civil penalty for failure to pay, collect, or remit any assessment or fee for a violation of a program under the Potato Research and Promotion Act, codified at 7 U.S.C. 2621(b)(1), has a minimum of $1,232 and a maximum of $12,319.

(xii)Civil penalty for failure to obey a cease and desist order under the Potato Research and Promotion Act, codified at 7 U.S.C. 2621(b)(3), has a maximum of $1,232. Each day the violation continues is a separate violation.

(xiii)Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Egg Research and Consumer Information Act, codified at 7 U.S.C. 2714(b)(1), has a minimum of $1,425 and a maximum of $14,023.

(xiv)Civil penalty for failure to obey a cease and desist order under the Egg Research and Consumer Information Act, codified at 7 U.S.C. 2714(b)(3), has a maximum of $1,425. Each day the violation continues is a separate violation.

(xv)Civil penalty for failure to remit any assessment or fee or for a violation of a program under the Beef Research and Information Act, codified at 7 U.S.C. 2908(a)(2), has a maximum of $11,119.

(xvi)Civil penalty for failure to remit any assessment or for a violation of a program regarding wheat and wheat foods research, codified at 7 U.S.C. 3410(b), has a maximum of $2,750.

(xvii)Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Floral Research and Consumer Information Act, codified at 7 U.S.C. 4314(b)(1), has a minimum of $1,294 and a maximum of $12,941. (xviii) Civil penalty for failure to obey a cease and desist order under the Floral Research and Consumer Information Act, codified at 7 U.S.C. 4314(b)(3), has a maximum of $1,294. Each day the violation continues is a separate violation.

(xix)Civil penalty for violation of an order under the Dairy Promotion Program, codified at 7 U.S.C. 4510(b), has a maximum of $2,393.

(xx)Civil penalty for pay, collect, or remit any assessment or fee or for a violation of the Honey Research, Promotion, and Consumer Information Act, codified at 7 U.S.C. 4610(b)(1), has a minimum of $737 and a maximum of $7,370.

(xxi)Civil penalty for failure to obey a cease and desist order under the Honey Research, Promotion, and Consumer Information Act, codified at 7 U.S.C. 4610(b)(3), has a maximum of $737. Each day the violation continues is a separate violation.

(xxii)Civil penalty for a violation of a program under the Pork Promotion, Research, and Consumer Information Act of 1985, codified at 7 U.S.C. 4815(b)(1)(A)(i), has a maximum of $2,224. (xxiii) Civil penalty for failure to obey a cease and desist order under the Pork Promotion, Research, and Consumer Information Act of 1985, codified at 7 U.S.C. 4815(b)(3)(A), has a maximum of $1,112. Each day the violation continues is a separate violation.

(xxiv)Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Watermelon Research and Promotion Act, codified at 7 U.S.C. 4910(b)(1), has a minimum of $1,112 and a maximum of $11,119.

(xxv)Civil penalty for failure to obey a cease and desist order under the Watermelon Research and Promotion Act, codified at 7 U.S.C. 4910(b)(3), has a maximum of $1,112. Each day the violation continues is a separate violation.

(xxvi)Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Pecan Promotion and Research Act of 1990, codified at 7 U.S.C. 6009(c)(1), has a minimum of $1,811 and a maximum of $18,107. (xxvii) Civil penalty for failure to obey a cease and desist order under the Pecan Promotion and Research Act of 1990, codified at 7 U.S.C. 6009(e), has a maximum of $1,811. (xxviii) Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Mushroom Promotion, Research, and Consumer Information Act of 1990, codified at 7 U.S.C. 6107(c)(1), has a minimum of $880 and a maximum of $8,797.

(xxix)Civil penalty for failure to obey a cease and desist order under the Mushroom Promotion, Research, and Consumer Information Act of 1990, codified at 7 U.S.C. 6107(e), has a maximum of $880. Each day the violation continues is a separate violation.

(xxx)Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of the Lime Research, Promotion, and Consumer Information Act of 1990, codified at 7 U.S.C. 6207(c)(1), has a minimum of $880 and a maximum of $8,797.

(xxxi)Civil penalty for failure to obey a cease and desist order under the Lime Research, Promotion, and Consumer Information Act of 1990, codified at 7 U.S.C. 6207(e), has a maximum of $880. Each day the violation continues is a separate violation. (xxxii) Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Soybean Promotion, Research, and Consumer Information Act, codified a 7 U.S.C. 6307(c)(1)(A), has a maximum of $1,811. (xxxiii) Civil penalty for failure to obey a cease and desist order under the Soybean Promotion, Research, and Consumer Information Act, codified at 7 U.S.C. 6307(e), has a maximum of $9,054. Each day the violation continues is a separate violation. (xxxiv) Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Fluid Milk Promotion Act of 1990, codified at 7 U.S.C. 6411(c)(1)(A), has a minimum of $880 and a maximum of $8,797, or in the case of a violation that is willful, codified at 7 U.S.C. 6411(c)(1)(B), has a minimum of $17,593 and a maximum of $175,931.

(xxxv)Civil penalty for failure to obey a cease and desist order under the Fluid Milk Promotion Act of 1990, codified at 7 U.S.C. 6411(e), has a maximum of $9,054. Each day the violation continues is a separate violation. (xxxvi) Civil penalty for knowingly labeling or selling a product as organic except in accordance with the Organic Foods Production Act of 1990, codified at 7 U.S.C. 6519(c), has a maximum of $17,593. (xxxvii) Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993, codified at 7 U.S.C. 6808(c)(1)(A)(i), has a minimum of $830 and a maximum of $8,295. (xxxviii) Civil penalty for failure to obey a cease and desist order under the Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993, codified at 7 U.S.C. 6808(e)(1), has a maximum of $8,295. Each day the violation continues is a separate violation. (xxxix) Civil penalty for a violation of a program under the Sheep Promotion, Research, and Information Act of 1994, codified at 7 U.S.C. 7107(c)(1)(A), has a maximum of $1,617.

(xl)Civil penalty for failure to obey a cease and desist order under the Sheep Promotion, Research, and Information Act of 1994, codified at 7 U.S.C. 7107(e), has a maximum of $808. Each day the violation continues is a separate violation.

(xli)Civil penalty for a violation of an order or regulation issued under the Commodity Promotion, Research, and Information Act of 1996, codified at 7 U.S.C. 7419(c)(1), has a minimum of $1,527 and a maximum of $15,270 for each violation.

(xlii)Civil penalty for failure to obey a cease and desist order under the Commodity Promotion, Research, and Information Act of 1996, codified at 7 U.S.C. 7419(e), has a minimum of $1,527 and a maximum of $15,270. Each day the violation continues is a separate violation. (xliii) Civil penalty for a violation of an order or regulation issued under the Canola and Rapeseed Research, Promotion, and Consumer Information Act, codified at 7 U.S.C. 7448(c)(1)(A)(i), has a maximum of $1,527 for each violation.

(xliv)Civil penalty for failure to obey a cease and desist order under the Canola and Rapeseed Research, Promotion, and Consumer Information Act, codified at 7 U.S.C. 7448(e), has a maximum of $7,635. Each day the violation continues is a separate violation.

(xlv)Civil penalty for violation of an order or regulation issued under the National Kiwifruit Research, Promotion, and Consumer Information Act, codified at 7 U.S.C. 7468(c)(1), has a minimum of $764 and a maximum of $7,635 for each violation.

(xlvi)Civil penalty for failure to obey a cease and desist order under the National Kiwifruit Research, Promotion, and Consumer Information Act, codified at 7 U.S.C. 7468(e), has a maximum of $764. Each day the violation continues is a separate violation. (xlvii) Civil penalty for a violation of an order or regulation under the Popcorn Promotion, Research, and Consumer Information Act, codified at 7 U.S.C. 7487(a), has a maximum of $1,527 for each violation. (xlviii) Civil penalty for certain violations under the Egg Products Inspection Act, codified at 21 U.S.C. 1041(c)(1)(A), has a maximum of $8,797 for each violation.

(xlix)Civil penalty for violation of an order or regulation issued under the Hass Avocado Promotion, Research, and Information Act of 2000, codified at 7 U.S.C. 7807(c)(1)(A)(i), has a minimum of $1,389 and a maximum of $13,893 for each violation.

(l)Civil penalty for failure to obey a cease and desist order under the Hass Avocado Promotion, Research, and Information Act of 2000, codified at 7 U.S.C. 7807(e)(1), has a maximum of $13,893 for each offense. Each day the violation continues is a separate violation.

(li)Civil penalty for violation of certain provisions of the Livestock Mandatory Reporting Act of 1999, codified a 7 U.S.C. 1636b(a)(1), has a maximum of $14,372 for each violation.

(lii)Civil penalty for failure to obey a cease and desist order under the Livestock Mandatory Reporting Act of 1999, codified a 7 U.S.C. 1636b(g)(3), has a maximum of $14,372 for each violation. Each day the violation continues is a separate violation.

(liii)Civil penalty for failure to obey an order of the Secretary issued pursuant to the Dairy Product Mandatory Reporting program, codified at 7 U.S.C. 1637b(c)(4)(D)(iii), has a maximum of $13,893 for each offense.

(liv)Civil penalty for a willful violation of the Country of Origin Labeling program by a retailer or person engaged in the business of supplying a covered commodity to a retailer, codified at 7 U.S.C. 1638b(b)(2), has a maximum of $1,116 for each violation.

(lv)Civil penalty for violations of the Dairy Research Program, codified at 7 U.S.C. 4535 & 4510(b), has a maximum of $2,393 for each violation. *(2) Animal and Plant Health Inspection Service* —(i) Civil penalty for a violation of the imported seed provisions of the Federal Seed Act, codified at 7 U.S.C. 1596(b), has a minimum of $94 and a maximum of $1,875.

(ii)Civil penalty for a violation of the Animal Welfare Act, codified at 7 U.S.C. 2149(b), has a maximum of $11,162, and knowing failure to obey a cease and desist order has a civil penalty of $1,674.

(iii)Civil penalty for any person that causes harm to, or interferes with, an animal used for the purposes of official inspection by the Department, codified at 7 U.S.C. 2279e(a), has a maximum of $13,893.

(iv)Civil penalty for a violation of the Swine Health Protection Act, codified at 7 U.S.C. 3805(a), has a maximum of $27,500.

(v)Civil penalty for any person that violates the Plant Protection Act (PPA), or that forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided for in the PPA, codified a 7 U.S.C. 7734(b)(1), has a maximum of the greater of: $69,463 in the case of any individual (except that the civil penalty may not exceed $1,389 in the case of an initial violation of the PPA by an individual moving regulated articles not for monetary gain), $347,313 in the case of any other person for each violation, $558,078 for all violations adjudicated in a single proceeding if the violations do not include a willful violation, and $1,116,156 for all violations adjudicated in a single proceeding if the violations include a willful violation; or twice the gross gain or gross loss for any violation, forgery, counterfeiting, unauthorized us, defacing, or destruction of a certificate, permit, or other document provided for in the PPA that results in the person deriving pecuniary gain or causing pecuniary loss to another.

(vi)Civil penalty for any person (except as provided in 7 U.S.C. 8309(d)) that violates the Animal Health Protection Act (AHPA), or that forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided under the AHPA, codified at 7 U.S.C. 8313(b)(1), has a maximum of the greater of: $66,666 in the case of any individual, except that the civil penalty may not exceed $1,333 in the case of an initial violation of the AHPA by an individual moving regulated articles not for monetary gain, $333,328 in the case of any other person for each violation, $558,078 for all violations adjudicated in a single proceeding if the violations do not include a willful violation, and $1,116,156 for all violations adjudicated in a single proceeding if the violations include a willful violation; or twice the gross gain or gross loss for any violation, forgery, counterfeiting, unauthorized use, defacing, or destruction of a certificate, permit, or other document provided under the AHPA that results in the person's deriving pecuniary gain or causing pecuniary loss to another person.

(vii)Civil penalty for any person that violates certain regulations under the Agricultural Bioterrorism Protection Act of 2002 regarding transfers of listed agents and toxins or possession and use of listed agents and toxins, codified at 7 U.S.C. 8401(i)(1), has a maximum of $333,328 in the case of an individual and $666,656 in the case of any other person.

(viii)Civil penalty for violation of the Horse Protection Act, codified at 15 U.S.C. 1825(b)(1), has a maximum of $5,500.

(ix)Civil penalty for failure to obey Horse Protection Act disqualification, codified at 15 U.S.C. 1825(c), has a maximum of $10,750.

(x)Civil penalty for knowingly violating, or, if in the business as an importer or exporter, violating, with respect to terrestrial plants, any provision of the Endangered Species Act of 1973, any permit or certificate issued thereunder, or any regulation issued pursuant to section 9(a)(1)(A) through (F), (a)(2)(A) through (D), (c),

(d)(other than regulations relating to record keeping or filing reports), (f), or

(g)of the Endangered Species Act of 1973 (16 U.S.C. 1538(a)(1)(A) through (F), (a)(2)(A) through (D), (c), (d), (f), and (g)), as set forth at 16 U.S.C. 1540(a), has a maximum of $50,277.

(xi)Civil penalty for knowingly violating, or, if in the business as an importer or exporter, violating, with respect to terrestrial plants, any other regulation under the Endangered Species Act of 1973, as set forth at 16 U.S.C. 1540(a), has a maximum of $24,133.

(xii)Civil penalty for violation, with respect to terrestrial plants, of the Endangered Species Act of 1973, or any regulation, permit, or certificate issued thereunder, as set forth at 16 U.S.C. 1540(a), has a maximum of $1,801.

(xiii)Civil penalty for knowingly and willfully violating 49 U.S.C. 80502 with respect to the transportation of animals by any rail carrier, express carrier, or common carrier (except by air or water), a receiver, trustee, or lessee of one of those carriers, or an owner or master of a vessel, codified at 49 U.S.C. 80502(d), has a minimum of $162 and a maximum of $808.

(xiv)Civil penalty for a violation of the Commercial Transportation of Equine for Slaughter Act, 7 U.S.C. 1901 note, and its implementing regulations in 9 CFR part 88, as set forth in 9 CFR 88.6, has a maximum of $5000. Each horse transported in violation of Part 88 is a separate violation. *(3) Food and Nutrition Service* —(i) Civil penalty for violating a provision of the Food and Nutrition Act of 2008 (Act), or a regulation under the Act, by a retail food store or wholesale food concern, codified at 7 U.S.C. 2021(a) and (c), has a maximum of $111,616 for each violation.

(ii)Civil penalty for trafficking in food coupons, codified at 7 U.S.C. 2021(b)(3)(B), has a maximum of $39,574 for each violation, except that the maximum penalty for violations occurring during a single investigation is $71,262.

(iii)Civil penalty for the sale of firearms, ammunitions, explosives, or controlled substances for coupons, codified at 7 U.S.C. 2021(b)(3)(C), has a maximum of $40,221 for each violation, except that the maximum penalty for violations occurring during a single investigation is $72,428.

(iv)Civil penalty for any entity that submits a bid to supply infant formula to carry out the Special Supplemental Nutrition Program for Women, Infants and Children and discloses the amount of the bid, rebate, or discount practices in advance of the bid opening or for any entity that makes a statement prior to the opening of bids for the purpose of influencing a bid, codified at 42 U.S.C. 1786(h)(8)(H)(i), has a maximum of $170,472,030.

(v)Civil penalty for a vendor convicted of trafficking in food instruments, codified at 42 U.S.C. 1786(o)(1)(A) and 42 U.S.C. 1786(o)(4)(B), has a maximum of $14,740 for each violation, except that the maximum penalty for violations occurring during a single investigation is $58,958.

(vi)Civil penalty for a vendor convicted of selling firearms, ammunition, explosive, or controlled substances in exchange for food instruments, codified at 42 U.S.C. 1786(o)(1)(B) and 42 U.S.C. 1786(o)(4)(B), has a maximum of $14,740 for each violation, except that the maximum penalty for violations occurring during a single investigation is $58,958. *(4) Food Safety and Inspection Service* —(i) Civil penalty for certain violations under the Egg Products Inspection Act, codified at 21 U.S.C. 1041(c)(1)(A), has a maximum of $8,797 for each violation.

(ii)[Reserved] *(5) Forest Service* —(i) Civil penalty for willful disregard of the prohibition against the export of unprocessed timber originating from Federal lands, codified at 16 U.S.C. 620d(c)(1)(A), has a maximum of $905,353 per violation or three times the gross value of the unprocessed timber, whichever is greater.

(ii)Civil penalty for a violation in disregard of the Forest Resources Conservation and Shortage Relief Act or the regulations that implement such Act regardless of whether such violation caused the export of unprocessed timber originating from Federal lands, codified at 16 U.S.C. 620d(c)(2)(A)(i), has a maximum of $135,803 per violation.

(iii)Civil penalty for a person that should have known that an action was a violation of the Forest Resources Conservation and Shortage Relief Act or the regulations that implement such Act regardless of whether such violation caused the export of unprocessed timber originating from Federal lands, codified at 16 U.S.C. 620d(c)(2)(A)(ii), has a maximum of $90,535 per violation.

(iv)Civil penalty for a willful violation of the Forest Resources Conservation and Shortage Relief Act or the regulations that implement such Act regardless of whether such violation caused the export of unprocessed timber originating from Federal lands, codified at 16 U.S.C. 620d(c)(2)(A)(iii), has a maximum of $905,353.

(v)Civil penalty for a violation involving protections of caves, codified at 16 U.S. C. 4307(a)(2), has a maximum of $19,787. *(6) Grain Inspection, Packers and Stockyards Administration* —(i) Civil penalty for a packer or swine contractor violation, codified at 7 U.S.C. 193(b), has a maximum of $27,500.

(ii)Civil penalty for a livestock market agency or dealer failure to register, codified at 7 U.S.C. 203, has a maximum of $1,875 and not more than $94 for each day the violation continues.

(iii)Civil penalty for operating without filing, or in violation of, a stockyard rate schedule, or of a regulation or order of the Secretary made thereunder, codified at 7 U.S.C. 207(g), has a maximum of $1,875 and not more than $94 for each day the violation continues.

(iv)Civil penalty for a stockyard owner, livestock market agency, and dealer violation, codified at 7 U.S.C. 213(b), has a maximum of $27,500.

(v)Civil penalty for a stockyard owner, livestock market agency, and dealer compliance order, codified at 7 U.S.C. 215(a), has a maximum of $1,875.

(vi)Civil penalty for live poultry dealer violations, codified at 7 U.S.C. 228b-2(b), has a maximum of $80,000.

(vii)Civil penalty for a violation, codified at 7 U.S.C. 86(c), has a maximum of $268,750. *(7) Federal Crop Insurance Corporation* —(i) Civil penalty for any person who willfully and intentionally provides any false or inaccurate information to the Federal Crop Insurance Corporation or to an approved insurance provider with respect to any insurance plan or policy that is offered under the authority of the Federal Crop Insurance Act, or who fails to comply with a requirement of the Federal Crop Insurance Corporation, codified at 7 U.S.C. 1515(h)(3)(A), has a maximum of the greater of: The amount of the pecuniary gain obtained as a result of the false or inaccurate information or the noncompliance; or $11,744.

(ii)[Reserved] *(8) Rural Housing Service* —(i) Civil penalty for a violation of section 536 of Title V of the Housing Act of 1949, codified at 42 U.S.C. 1490p(e)(2), has a maximum of $192,459 in the case of an individual, and a maximum of $1,924,589 in the case of an applicant other than an individual.

(ii)Civil penalty for equity skimming under section 543(a) of the Housing Act of 1949, codified at 42 U.S.C. 1490s(a)(2), has a maximum of $34,731.

(iii)Civil penalty under section 543b of the Housing Act of 1949 for a violation of regulations or agreements made in accordance with Title V of the Housing Act of 1949, by submitting false information, submitting false certifications, failing to timely submit information, failing to maintain real property in good repair and condition, failing to provide acceptable management for a project, or failing to comply with applicable civil rights statutes and regulations, codified at 42 U.S.C. 1490s(b)(3)(A), has a maximum of the greater of: Twice the damages the Department, guaranteed lender, or project that is secured for a loan under Title V, suffered or would have suffered as a result of the violation; or $69,463 per violation. *(9) Farm Service Agency* —(i) Civil penalty for failure to comply with certain provisions of the U.S. Warehouse Act, codified at 7 U.S.C. 254, has a maximum of $34,731 per violation if an agricultural product is not involved in the violation.

(ii)[Reserved] *(10) Commodity Credit Corporation* —(i) Civil penalty for willful failure or refusal to furnish information, or willful furnishing of false information under of section 156 of the Federal Agricultural Improvement and Reform Act of 1996, codified at 7 U.S.C. 7272(g)(5), has a maximum of $15,270 for each violation.

(ii)Civil penalty for willful failure or refusal to furnish information or willful furnishing of false data by a processor, refiner, or importer of sugar, syrup and molasses under section 156 of the Federal Agriculture Improvement and Reform Act of 1996, codified at 7 U.S.C. 7272(g)(5), has a maximum of $15,270 for each violation.

(iii)Civil penalty for filing a false acreage report that exceeds tolerance under section 156 of the Federal Agriculture Improvement and Reform Act of 1996, codified at 7 U.S.C. 7272(g)(5), has a maximum of $15,270 for each violation.

(iv)Civil penalty for knowingly violating any regulation of the Secretary of the Commodity Credit Corporation pertaining to flexible marketing allotments for sugar under section 359h(b) of the Agricultural Adjustment Act of 1938, codified at 7 U.S.C. 1359hh(b), has a maximum of $11,162 for each violation.

(v)Civil penalty for knowing violation of regulations promulgated by the Secretary pertaining to cotton insect eradication under section 104(d) of the Agricultural Act of 1949, codified at 7 U.S.C. 1444a(d), has a maximum of $13,750 for each offense. *(11) Office of the Secretary* —(i) Civil penalty for making, presenting, submitting or causing to be made, presented or submitted, a false, fictitious, or fraudulent claim as defined under the Program Fraud Civil Remedies Act of 1986, codified at 31 U.S.C. 3802(a)(1), has a maximum of $10,958.

(ii)Civil penalty for making, presenting, submitting or causing to be made, presented or submitted, a false, fictitious, or fraudulent written statement as defined under the Program Fraud Civil Remedies Act of 1986, codified at 31 U.S.C. 3802(a)(2), has a maximum of $10,958. Dated: November 28, 2017. Stephen L. Censky, Deputy Secretary. [FR Doc. 2017-26194 Filed 12-4-17; 8:45 am]

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