Unknown. Final rule
7,915 words·~36 min read·
/register/2018/03/14/2018-04832A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2018-03-14.xml --- 83 50 Wednesday, March 14, 2018 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11203-11206 2018-05067 Agricultural Marketing Agricultural Marketing Service RULES Honey Packers and Importers Research, Promotion, Consumer Education and Industry Information Order: Change in Producer Eligibility Requirements and Implementation of Charges for Past Due Assessments, 11136-11139 2018-05063 Pistachios Grown in California, Arizona, and New Mexico:
Decreased Assessment Rate, 11134-11135 2018-05144 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service RULES Civil Monetary Penalty Inflation Adjustment, 11129-11134 2018-04832 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11168-11169 2018-05114 2018-05135 Animal Animal and Plant Health Inspection Service RULES Viruses, Serums, Toxins, and Analogous Products: Expiration Date Required for Analogous Products and Subserials and Determination of Expiration Date of Product, 11139-11143 2018-05143 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 11206-11207 2018-05117 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11207 2018-05148 Civil Rights Civil Rights Commission NOTICES Meetings: Indiana Advisory Committee, 11169-11170 2018-05139 Coast Guard Coast Guard RULES Drawbridge Operations Regulations; CFR Correction, 11145 2018-05245 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Defense Acquisition Defense Acquisition Regulations System NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Administrative Matters, 11187-11188 2018-05185 Defense Federal Acquisition Regulation Supplement; Construction and Architect-Engineer Contracts, 11185-11186 2018-05183 Various Miscellaneous Requirements, 11186-11187 2018-05177 Defense Department Defense Department See Defense Acquisition Regulations System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11188-11189 2018-05192 2018-05196 Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Material and Workmanship, 11201-11202 2018-05065 Small Business Size Re-representation, 11202-11203 2018-05066 Education Department Education Department NOTICES Privacy Act; Systems of Records, 11189-11192 2018-05195 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Pennsylvania;
Reasonably Available Control Technology Requirements under 1997 and 2008 8-Hour Ozone National Ambient Air Quality Standards, 11155-11162 2018-04933 National Emission Standards for Hazardous Air Pollutants: Leather Finishing Operations Residual Risk and Technology Review, 11314-11341 2018-04939 Federal Communications Federal Communications Commission RULES Satellite Communications; CFR Correction, 11146 2018-05247 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 11199-11201 2018-05112 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Participation in National Flood Insurance Program, 11233-11234 2018-05178 Ready PSA Campaign Creative Testing Research, 11222-11223 2018-05080 Flood Hazard Determinations, 11223-11232, 11234-11236 2018-05179 2018-05180 2018-05181 2018-05187 2018-05188 2018-05189 2018-05190 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 11196-11197 2018-05102 Applications: Elkton Acquisition Corp., 11194-11195 2018-05104 T.E.S. Filer City Station Ltd. Partnership, 11193 2018-05105 Transcontinental Gas Pipe Line Co., LLC, 11198-11199 2018-05108 Combined Filings, 11195-11196 2018-05094 Complaints: TransMontaigne Product Services, LLC v. Colonial Pipeline Co., 11193-11194 2018-05107 Effectiveness of Exempt Wholesale Generator Status: State Edge Wind I, LLC, et al., 11193 2018-05096 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:
NTE Carolinas, LLC, 11194 2018-05097 License Applications: Yellowstone Hydroelectric Project, 11197-11198 2018-05100 Meetings: Alaska Gasline Development Corp.; Technical Conference, 11198 2018-05095 Southern Star Central Gas Pipeline, Inc.; Technical Conference, 11194 2018-05111 Memberships: Performance Review Board, 11195 2018-05109 Permit Applications: Pioneer Valley Renewables, 11192 2018-05110 Petitions for Declaratory Orders:: T.E.S. Filer City Station Ltd. Partnership, Consumers Energy Co., 11198 2018-05101 Staff Attendances, 11192-11193 2018-05106 Federal Housing Finance Agency Federal Housing Finance Agency PROPOSED RULES Affordable Housing Program Amendments, 11344-11390 2018-04745 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 11201 2018-05198 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species:
Removing Black-Capped Vireo from Federal List of Endangered and Threatened Wildlife; Availability of Post-delisting Monitoring Plan, 11162-11164 2018-05146 NOTICES Meetings: Sport Fishing and Boating Partnership Council, 11242-11243 2018-05199 Food and Drug Food and Drug Administration RULES Medical Devices: Exemption from Premarket Notification; Class II Devices; Over-the-Counter Denture Repair Kit, 11144-11145 2018-05116 Hematology and Pathology Devices; Classification of Lynch Syndrome Test Systems;
Correction, 11143-11144 2018-05115 NOTICES Guidance: Assessment and Control of Deoxyribonucleic Acid Reactive (Mutagenic) Impurities in Pharmaceuticals to Limit Potential Carcinogenic Risk, 11210-11212 2018-05118 Meetings: Patient-Focused Drug Development on Opioid Use Disorder, 11208-11210 2018-05119 New Drug Applications: Sun Pharmaceutical Industries, Ltd., and Sun Pharma Global FZE; Withdrawal of Approval, 11208 2018-05120 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activities:
Plantronics, Inc.; Foreign-Trade Zone 153; San Diego, CA, 11170 2018-05147 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Material and Workmanship, 11201-11202 2018-05065 Small Business Size Re-representation, 11202-11203 2018-05066 Geological Geological Survey NOTICES Meetings: National Geospatial Advisory Committee, 11243-11244 2018-05193 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Privacy Act;
Systems of Records, 11213-11219 2018-05062 2018-05176 Health Resources Health Resources and Services Administration NOTICES Proposed Changes to Graduate Psychology Education Program, 11212-11213 2018-05064 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration Housing Housing and Urban Development Department NOTICES Privacy Act; Systems of Records, 11240-11242 2018-05070 Interior Interior Department See Fish and Wildlife Service See Geological Survey See National Park Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Carbon and Alloy Steel Wire Rod from Republic of South Africa and Ukraine, 11175-11177 2018-05153 Forged Steel Fittings from the People's Republic of China, 11170-11172 2018-05154 Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Republic of Turkey, 11174-11175 2018-05149 Narrow Woven Ribbons with Woven Selvedge from the People's Republic of China, 11177-11178 2018-05150 Utility Scale Wind Towers from Socialist Republic of Vietnam, 11172-11174 2018-05151 International Trade Com International Trade Commission NOTICES Investigations;
Determinations, Modifications, and Rulings, etc.: Certain Magnetic Data Storage Tapes and Cartridges Containing the Same, 11245-11247 2018-05093 Justice Department Justice Department NOTICES Consent Decrees under the Clean Air Act, 11248 2018-05184 Proposed Consent Decrees under CERCLA, 11247-11248 2018-05140 2018-05182 Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Davis-Bacon Certified Payroll, 11248-11249 2018-05158 Recordkeeping and Reporting Occupational Injuries and Illnesses, 11249-11250 2018-05157 Maritime Maritime Administration NOTICES Requests for Administrative Waivers of the Coastwise Trade Laws:
Vessel ARROW, 11288 2018-05122 Vessel CHASING SUMMER, 11286-11287 2018-05123 Vessel OTIUM, 11287-11288 2018-05124 Vessel PULPO, 11289 2018-05125 Vessel TERN, 11288-11289 2018-05126 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11250-11251 2018-05121 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Material and Workmanship, 11201-11202 2018-05065 Small Business Size Re-representation, 11202-11203 2018-05066 National Archives National Archives and Records Administration RULES Fees, 11145-11146 2018-05088 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Decisions of Inconsequential Noncompliance;
Approvals: Toyota Motor Engineering and Manufacturing North America, Inc., 11289-11293 2018-05136 National Institute National Institute of Standards and Technology NOTICES Requests for Nominations: Federal Advisory Committees, 11178-11184 2018-05092 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for Collection of Qualitative Feedback on Agency Service Delivery, 11219-11220 2018-05172 Laboratory Animal Welfare:
Coordination and Harmonization of Regulations and Policies, 11221 2018-05173 Meetings: Center for Scientific Review, 11222 2018-05082 National Human Genome Research Institute, 11220 2018-05083 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 11221-11222 2018-05084 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pollock in Statistical Area 610 in Gulf of Alaska, 11152-11153 2018-05133 Pollock in Statistical Area 630 in Gulf of Alaska, 11153 2018-05167 Fisheries of the Northeastern United States:
Summer Flounder Fishery; Quota Transfer, 11146 2018-05169 Fisheries off West Coast States: Highly Migratory Fisheries; California Drift Gillnet Fishery; Implementation of Federal Limited Entry Drift Gillnet Permit, 11146-11152 2018-05186 PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Electronic Reporting for Federally Permitted Charter Vessels and Headboats in Atlantic Fisheries, 11164-11167 2018-05191 NOTICES Meetings: Science Advisory Board, 11184 2018-05175 Western Pacific Fishery Management Council, 11184-11185 2018-05145 National Park National Park Service NOTICES National Register of Historic Places:
Pending Nominations and Related Actions, 11244 2018-05132 National Science National Science Foundation NOTICES Antarctic Conservation Act Permits, 11251 2018-05071 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 11251 2018-05239 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Clarification on Endorsement of Nuclear Energy Institute Guidance in Designing Digital Upgrades in Instrumentation and Control Systems, 11154-11155 2018-04958 Personnel Personnel Management Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Marital Status Certification Survey, 11252 2018-05128 Verification of Who is Getting Payments, 11251-11252 2018-05127 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Special Permit Applications, 11293-11297 2018-05129 2018-05130 2018-05131 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Iran; Continuation of National Emergency (Notice of March 12, 2018), 11391-11394 2018-05340 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 11261-11262, 11266-11267 2018-05168 2018-05170 2018-05171 Self-Regulatory Organizations; Proposed Rule Changes: BOX Options Exchange, LLC, 11281-11283 2018-05162 Cboe BYX Exchange, Inc., 11262-11264 2018-05078 Cboe BZX Exchange, Inc., 11252-11254, 11264-11266, 11269, 11273-11275, 11283-11286 2018-05077 2018-05079 2018-05159 2018-05160 2018-05161 Financial Industry Regulatory Authority, Inc., 11256-11259 2018-05075 Miami International Securities Exchange, LLC, 11278-11281 2018-05074 MIAX PEARL, LLC, 11269-11273 2018-05073 Nasdaq GEMX, LLC, 11259-11261 2018-05164 Nasdaq ISE, LLC, 11254-11256 2018-05163 Nasdaq MRX, LLC, 11276-11278 2018-05165 New York Stock Exchange, LLC, 11267-11269 2018-05076 NYSE Arca, Inc., 11275 2018-05166 Small Business Small Business Administration NOTICES Conflicts of Interest;
Exemptions: Caltius Partners V (SBIC), L.P., 11286 2018-05134 Social Social Security Administration RULES Revised Medical Criteria for Evaluating Cancer (Malignant Neoplastic Diseases); CFR Correction, 11143 2018-05240 Transportation Department Transportation Department See Maritime Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Law Enforcement Officer Reimbursement Request, 11240 2018-05091 Screening Partnership Program, 11236 2018-05090 Enforcement Actions Summary, 11236-11240 2018-05089 Veteran Affairs Veterans Affairs Department NOTICES Privacy Act; Systems of Records, 11297-11312 2018-05085 2018-05086 2018-05087 Separate Parts In This Issue Part II Environmental Protection Agency, 11314-11341 2018-04939 Part III Federal Housing Finance Agency, 11344-11390 2018-04745 Part IV Presidential Documents, 11391-11394 2018-05340 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. 83 50 Wednesday, March 14, 2018 Rules and Regulations DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 3 RIN 0510-AA04 Civil Monetary Penalty Inflation Adjustment for 2018 AGENCY: Office of the Secretary, USDA. ACTION:
Final rule. SUMMARY: This final rule amends the U.S. Department of Agriculture's
(USDA)civil monetary penalty regulations by making inflation adjustments as mandated by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. DATES: Effective March 14, 2018. 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 adjust for inflation annually. 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 reset 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 provided that the initial adjustment would be the percentage by which the CPI for the month of October 2015 exceeded 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 did limit large CMP increases by providing that no initial adjustments could exceed 150 percent of the amount of the CMP as of the date the 2015 Act was enacted, November 2, 2015. USDA's initial adjustment under the 2015 Act was published in the **Federal Register** on December 5, 2017 at 82 FR 57331. This final rule constitutes USDA's annual inflation adjustment for 2018. In addition, this rule moves the CMPs previously administered by the former Grain Inspection, Packers and Stockyards Administration (GIPSA) to the Agricultural Marketing Service (AMS). GIPSA's CMPs previously were codified at 7 CFR 3.91(b)(6); they now will be codified with AMS's CMPs at 7 CFR 3.91(b)(1). GIPSA's section of the regulations at 7 CFR 3.91(b)(6) will become a reserved section. This move is in accordance with the reorganization announced by the Secretary of Agriculture on November 14, 2017 via Secretary's Memorandum Number 1076-18, which eliminated GIPSA as a standalone agency within USDA, revoked the delegations of authority to the Administrator of GIPSA found at 7 CFR 2.81, and delegated to the Administrator of AMS those same authorities found at 7 CFR 2.81. Secretary's Memorandum Number 1076-18 also moved responsibility for the United States Warehouse Act and its associated CMP, see 7 U.S.C. 254, from the Farm Service Agency
(FSA)to AMS. In accordance with the Secretary's Memorandum this rule moves the United States Warehouse Act CMP previously codified with FSA's CMPs in 7 CFR 3.91(b)(9) to be codified with AMS' CMPs in 7 CFR 3.91(b)(1). Additionally, as the United States Warehouse Act CMP was the only CMP codified in FSA's section. Accordingly, FSA's section of the regulations at 7 CFR 3.91(b)(9) will become a reserved section. Lastly, this rule amends the maximum monetary penalty amounts imposed by the Animal and Plant Health Inspection Service (APHIS) for violating the Endangered Species Act of 1973
(ESA)and the Lacey Act Amendments of 1981 (Lacey Act), to be consistent with the inflationary adjustments established by the Department of the Interior, Fish and Wildlife Service (FWS). APHIS and FWS have joint jurisdiction over ESA and Lacey Act provisions that involve the importation and exportation of plants, and any violation thereof will be subject to the same maximum penalty, regardless of which agency institutes an enforcement action. 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)Federal Crop Insurance Corporation;
(7)Rural Housing Service,
(8)Commodity Credit Corporation, and
(9)Office of the Secretary. The CMPs in this final rule are listed according to the applicable administering agency. The CMPs previously administered by GIPSA and FSA are now found in the section applicable to AMS. 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 determined that this regulatory action does not meet the criteria for significant regulatory action pursuant to Executive Order 12866, Regulatory Planning and Review. 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 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, amend 7 CFR part 3 as follows: PART 3—DEBT MANAGEMENT Subpart I—Adjusted Civil Monetary Penalties 1. The authority citation for part 3, subpart I, continues to read as follows: Authority: 28 U.S.C. 2461 note. 2. Revise § 3.91(a)(1) and
(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 March 14, 2018.
(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 $923 in the case of the first offense, and a minimum of $1,795 in the case of subsequent offenses, except that the penalty will be less than $1,795 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 $5,029.
(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 $1,605 for each such offense and not more than $401 for each day it continues, or a maximum of $401 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 $3,209 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 $147 and a maximum of $14,665.
(vi)Civil penalty for a violation of the Export Grape and Plum Act, codified at 7 U.S.C. 596, has a minimum of $281 and a maximum of $28,061.
(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 $2,806. 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 $281.
(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 $96 and a maximum of $1,913.
(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 $2,806.
(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 $1,257 and a maximum of $12,570.
(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 $1,257. 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 $1,454 and a maximum of $14,544.
(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 $1,454. 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 $11,346.
(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 $2,806.
(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 $1,320 and a maximum of $13,205. (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 $1,320. 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 $2,442.
(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 $752 and a maximum of $7,520.
(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 $752. 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 $2,269. (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 $1,135. 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 $1,135 and a maximum of $11,346.
(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 $1,135. 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 $1,848 and a maximum of $18,477. (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 $1,848. (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 $898 and a maximum of $8,977.
(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 $898. 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 $898 and a maximum of $8,977.
(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 $898. 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 $1,848. (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 $9,239. 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 $898 and a maximum of $8,977, or in the case of a violation that is willful, codified at 7 U.S.C. 6411(c)(1)(B), has a minimum of $17,952 and a maximum of $179,522.
(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 $9,239. 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 $17,952. (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 $847 and a maximum of $8,464. (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 $8,464. 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 $1,650.
(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 $824. 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 $1,558 and a maximum of $15,582 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 $1,558 and a maximum of $15,582. 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 $1,558 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 $7,791. 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 $780 and a maximum of $7,791 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 $780. 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 $1,558 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 $8,977 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 $1,417 and a maximum of $14,177 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 $14,177 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 $14,665 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 $14,665 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 $14,177 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 $1,139 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 $2,442 for each violation.
(lvi)Civil penalty for a packer or swine contractor violation, codified at 7 U.S.C. 193(b), has a maximum of $28,061.
(lvii)Civil penalty for a livestock market agency or dealer failure to register, codified at 7 U.S.C. 203, has a maximum of $1,913 and not more than $96 for each day the violation continues. (lviii) Civil penalty for operating without filing, or in violation of, a stockyard rate schedule, or of a regulation or order of the Secretary made thereunder, codified at 7 U.S.C. 207(g), has a maximum of $1,913 and not more than $96 for each day the violation continues.
(lix)Civil penalty for a stockyard owner, livestock market agency, or dealer, who engages in or uses any unfair, unjustly discriminatory, or deceptive practice or device in connection with determining whether persons should be authorized to operate at the stockyards, or with receiving, marketing, buying, or selling on a commission basis or otherwise, feeding, watering, holding, delivery, shipment, weighing, or handling of livestock, codified at 7 U.S.C. 213(b), has a maximum of $28,061.
(lx)Civil penalty for a stockyard owner, livestock market agency, or dealer, who knowingly fails to obey any order made under the provisions of 7 U.S.C. 211, 212, or 213, codified at 7 U.S.C. 215(a), has a maximum of $1,913.
(lxi)Civil penalty for live poultry dealer violations, codified at 7 U.S.C. 228b-2(b), has a maximum of $81,633.
(lxii)Civil penalty for a violation, codified at 7 U.S.C. 86(c), has a maximum of $274,235. (lxiii) Civil penalty for failure to comply with certain provisions of the U.S. Warehouse Act, codified at 7 U.S.C. 254, has a maximum of $35,440 per violation if an agricultural product is not involved in the violation.
(2)*Animal and Plant Health Inspection Service.*
(i)Civil penalty for a violation of the imported seed provisions of the Federal Seed Act, codified at 7 U.S.C. 1596(b), has a minimum of $96 and a maximum of $1,913.
(ii)Civil penalty for a violation of the Animal Welfare Act, codified at 7 U.S.C. 2149(b), has a maximum of $11,390, and knowing failure to obey a cease and desist order has a civil penalty of $1,708.
(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 $14,177.
(iv)Civil penalty for a violation of the Swine Health Protection Act, codified at 7 U.S.C. 3805(a), has a maximum of $28,061.
(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: $70,881 in the case of any individual (except that the civil penalty may not exceed $1,417 in the case of an initial violation of the PPA by an individual moving regulated articles not for monetary gain), $354,402 in the case of any other person for each violation, $569,468 for all violations adjudicated in a single proceeding if the violations do not include a willful violation, and $1,138,937 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: $68,027 in the case of any individual, except that the civil penalty may not exceed $1,360 in the case of an initial violation of the AHPA by an individual moving regulated articles not for monetary gain, $340,131 in the case of any other person for each violation, $569,468 for all violations adjudicated in a single proceeding if the violations do not include a willful violation, and $1,138,937 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 $340,131 in the case of an individual and $680,262 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 $5,612.
(ix)Civil penalty for failure to obey Horse Protection Act disqualification, codified at 15 U.S.C. 1825(c), has a maximum of $10,969.
(x)Civil penalty for knowingly violating, or, if in the business as an importer or exporter, violating, with respect to terrestrial plants, any provision of the Endangered Species Act of 1973, any permit or certificate issued thereunder, or any regulation issued pursuant to section 9(a)(1)(A) through (F), (a)(2)(A) through (D), (c),
(d)(other than regulations relating to record keeping or filing reports), (f), or (g), as set forth at 16 U.S.C. 1540(a)(1), has a maximum of $51,302 for each violation.
(xi)Civil penalty for knowingly violating, or, if in the business as an importer or exporter, violating, with respect to terrestrial plants, any other regulation under the Endangered Species Act of 1973, as set forth at 16 U.S.C. 1540(a)(1), has a maximum of $24,625 for each violation.
(xii)Civil penalty for violating, with respect to terrestrial plants, the Endangered Species Act of 1973, or any regulation, permit, or certificate issued thereunder, as set forth at 16 U.S.C. 1540(a)(1), has a maximum of $1,296 for each violation.
(xiii)Civil penalty for knowingly and willfully violating 49 U.S.C. 80502 with respect to the transportation of animals by any rail carrier, express carrier, or common carrier (except by air or water), a receiver, trustee, or lessee of one of those carriers, or an owner or master of a vessel, codified at 49 U.S.C. 80502(d), has a minimum of $165 and a maximum of $824.
(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.
(xv)Civil penalty for knowingly violating section 3(d) or 3(f) of the Lacey Act Amendments of 1981, or for violating any other provision provided that, in the exercise of due care, the violator should have known that the plant was taken, possessed, transported, or sold in violation of any underlying law, treaty, or regulation, has a maximum of $25,928 for each violation, as set forth at 16 U.S.C. 3373(a)(1) (but if the plant has a market value of less than $350, and involves only the transportation, acquisition, or receipt of a plant taken or possessed in violation of any law, treaty, or regulation of the United States, any Indian tribal law, any foreign law, or any law or regulation of any State, the penalty shall not exceed the maximum provided for violation of said law, treaty, or regulation, or $25,928, whichever is less).
(xvi)Civil penalty for violating section 3(f) of the Lacey Act Amendments of 1981, as set forth at 16 U.S.C. 3373(a)(2), has a maximum of $648.
(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 $113,894 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 $41,042 for each violation, except that the maximum penalty for violations occurring during a single investigation is $73,906.
(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 $36,953 for each violation, except that the maximum penalty for violations occurring during a single investigation is $73,906.
(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 $173,951,364.
(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 $15,041 for each violation, except that the maximum penalty for violations occurring during a single investigation is $60,161.
(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 $15,041 for each violation, except that the maximum penalty for violations occurring during a single investigation is $60,161.
(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 $8,977 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 $923,831 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 $138,575 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 $92,383 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 $923,831.
(v)Civil penalty for a violation involving protections of caves, codified at 16 U.S. C. 4307(a)(2), has a maximum of $20,191.
(6)[Reserved]
(7)*Federal Crop Insurance Corporation.*
(i)Civil penalty for any person who willfully and intentionally provides any false or inaccurate information to the Federal Crop Insurance Corporation or to an approved insurance provider with respect to any insurance plan or policy that is offered under the authority of the Federal Crop Insurance Act, or who fails to comply with a requirement of the Federal Crop Insurance Corporation, codified 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 $11,984.
(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 $196,387 in the case of an individual, and a maximum of $1,963,870 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 $35,440.
(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 $70,881 per violation.
(9)[Reserved]
(10)*Commodity Credit Corporation.*
(i)Civil penalty for willful failure or refusal to furnish information, or willful furnishing of false information under of section 156 of the Federal Agricultural Improvement and Reform Act of 1996, codified at 7 U.S.C. 7272(g)(5), has a maximum of $15,582 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 $15,582 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 $15,582 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 $11,390 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 $14,031 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 $11,182.
(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 $11,182. Dated: March 6, 2018. Stephen Censky, Deputy Secretary, U.S. Department of Agriculture. [FR Doc. 2018-04832 Filed 3-13-18; 8:45 am]
Connectionstraces to 73
Traces to 73 documents
U.S. Code
- Penalties for noncompliance§ 254
- Rule making§ 553
- Initial regulatory flexibility analysis§ 603
- Mode of recovery§ 2461
- Pesticide recordkeeping§ 136i–1
- Unfair conduct§ 499b
- Licenses§ 499c
- Grounds for suspension or revocation of license§ 499h
- Refusal of certificates for violations of laws; penalties for violations§ 586
- Refusal of certificates for violations of law; penalties for violations§ 596
- Orders§ 608c
- Administration§ 610
- Penalties§ 1596
- Enforcement of orders; penalty for willful violation§ 2112
- Enforcement§ 2621
- Civil enforcement proceedings§ 2714
- Enforcement§ 2908
- Enforcement of orders and regulations§ 3410
- Enforcement of provisions§ 4314
- Enforcement§ 4510
- Enforcement§ 4610
- Enforcement§ 4815
- Enforcement§ 4910
- Enforcement§ 6009
- Enforcement§ 6107
- Enforcement§ 6207
- Enforcement§ 6307
- Enforcement§ 6411
- Recordkeeping, investigations, and enforcement§ 6519
- Enforcement§ 6808
- Enforcement§ 7107
- Enforcement§ 7419
- Enforcement§ 7448
- Enforcement§ 7468
- Enforcement§ 7487
- Enforcement provisions§ 1041
- Enforcement§ 7807
- Enforcement§ 1636b
- Mandatory reporting for dairy products§ 1637b
- Enforcement§ 1638b
- Petition and review; enforcement; investigations§ 4535
- Procedure before Secretary for violations§ 193
- Activity as stockyard dealer or market agency; benefits to business and welfare of stockyard; registration; penalty for failure to register§ 203
- Schedule of rates§ 207
- Prevention of unfair, discriminatory, or deceptive practices§ 213
- Order of Secretary as to charges or practices; prescribing rates and practices generally§ 211
- Failure to obey orders; punishment§ 215
- Violations by live poultry dealers§ 228b–2
- Refusal of inspection and weighing services; civil penalties§ 86
- Violations by licensees§ 2149
- Civil penalty§ 2279e
- Civil penalties§ 3805
- Penalties for violation§ 7734
- Veterinary accreditation program§ 8309
- Penalties§ 8313
- Regulation of certain biological agents and toxins§ 8401
- Violations and penalties§ 1825
- Penalties and enforcement§ 1540
- Transportation of animals§ 80502
- Findings and declaration of policy§ 1901
- Penalties and sanctions§ 3373
- Civil penalties and disqualification of retail food stores and wholesale food concerns§ 2021
- Special supplemental nutrition program for women, infants, and children§ 1786
- Monitoring and enforcement§ 620d
- Civil penalties§ 4307
- Program compliance and integrity§ 1515
- Accountability§ 1490p
- Enforcement provisions§ 1490s
- Sugar program§ 7272
- Regulations; violations; publication of Secretary’s determinations; jurisdiction of the courts; United States attorneys§ 1359hh
- Corn and feed grains and cotton programs§ 1444a
- False claims and statements; liability§ 3802
register
7 references not yet in our index
- 7 CFR 3
- 7 CFR 3.91(b)(6)
- 7 CFR 3.91(b)(1)
- 7 CFR 2.81
- 7 CFR 3.91(b)(9)
- 9 CFR 88
- 9 CFR 88.6
Citation graph
cites case law
Unknown
Final rule
Cite7 CFR 3
Cite7 CFR 3.91(b)(6)
Cite7 CFR 3.91(b)(1)
Cites 80 · showing 12Cited by 0 across 0 sources