Unknown. Final rule

6,983 words·~32 min read·/register/2022/02/15/2022-03163·

A 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-2022-02-15.xml --- 87 31 Tuesday, February 15, 2022 Contents Agricultural Marketing Agricultural Marketing Service RULES Irish Potatoes Grown in Washington: Termination of Marketing Order 946, 8399-8402 2022-03177 NOTICES Imaging Technology Solutions for the Inspection of Milled Rice, 8559-8560 2022-03180 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service RULES Civil Monetary Penalty Inflation Adjustment, 8395-8399 2022-03163 Civil Rights Civil Rights Commission NOTICES Meetings;

Sunshine Act, 8561 2022-03198 Coast Guard Coast Guard RULES Safety Zones: CBWTP Outfall Diffuser Improvements, Columbia River, Portland, OR, 8416-8417 2022-03207 Potomac River, Between Charles County, MD, and King George County, VA, 8413-8416 2022-03339 Special Local Regulations: Marine Events within the Eleventh Coast Guard District—Mark Hahn Memorial 300 Mile Personal Watercraft Endurance Race, 8413 2022-03155 PROPOSED RULES Security Zones: Delaware River, Philadelphia, PA, 8472-8474 2022-03132 NOTICES Certificates of Alternative Compliance for the Thirteenth Coast Guard District, 8595 2022-03191 Commerce Commerce Department See Foreign-Trade Zones Board See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Medical Exception Request; Withdrawal, 8561-8562 2022-03184 Consumer Product Consumer Product Safety Commission RULES Safety Standard for Crib Mattresses, 8640-8684 2022-02414 PROPOSED RULES Safety Standard for Magnets, 8442-8443 2022-03166 Safety Standard for Operating Cords on Custom Window Coverings; Notice of Opportunity for Oral Presentation of Comments, 8441-8442 2022-03158 Defense Department Defense Department NOTICES Charter Amendments, Establishments, Renewals and Terminations:

Uniform Formulary Beneficiary Advisory Panel, 8563-8564 2022-03169 Education Department Education Department NOTICES Applications for New Awards: Equity Assistance Centers, 8564-8570 2022-03208 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8575-8576 2022-03197 Request for Information: Establishment of a Civil Nuclear Credit Program, 8570-8575 2022-03156 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Arizona State Implementation Plan Revisions; Maricopa County Air Quality Department; Stationary Source Permits; New Source Review, 8418-8427 2022-02773 NOTICES Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2020, 8583 2022-02694 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Kit Carson County Airport, Burlington, CO, 8408-8410 2022-03203 Vicinity of Worthington, MN, 8410-8411 2022-03129 Airworthiness Directives:

Airbus Helicopters, 8406-8408 2022-03137 CFM International, S.A. Turbofan Engines, 8402-8406 2022-03039 PROPOSED RULES Airworthiness Directives: Airbus Helicopters Deutschland GmbH

(AHD)Helicopters, 8439-8441 2022-03108 CFM International, S.A. Turbofan Engines, 8434-8436 2022-03041 The Boeing Company Airplanes, 8436-8438 2022-03133 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certification: Pilots and Flight Instructors, 8631 2022-03196 Federal Communications Federal Communications Commission PROPOSED RULES Television Broadcasting Services: Billings, MT; Correction, 8509 2022-03069 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8583-8584 2022-03154 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 8584-8585 2022-03291 Federal Emergency Federal Emergency Management Agency NOTICES Meetings: Pandemic Response Voluntary Agreement under the Defense Production Act, 8596-8597 2022-03168 Federal Energy Federal Energy Regulatory Commission RULES Safety of Water Power Projects and Project Works: Correction, 8411 2022-03072 NOTICES Application: Alice Falls Hydro, LLC, 8578-8579 2022-03215 Northbrook Carolina Hydro II, LLC, HydroLand Carolinas I, LLC; Withdrawal, 8579-8580 2022-03218 Combined Filings, 8577-8578 2022-03209 Environmental Impact Statements; Availability, etc.: Venture Global CP2 LNG, LLC, Venture Global CP Express, LLC; CP2 LNG and CP Express Project, 8580-8583 2022-03214 Meetings; Sunshine Act, 8576-8577 2022-03332 Request for Extension of Time: Texas Eastern Transmission, LP, 8579 2022-03217 Federal Highway Federal Highway Administration RULES Diversion of Highway Revenues: Removal of Obsolete Regulation, 8411-8413 2022-03173 NOTICES Surface Transportation Project Delivery Program: Alaska Department of Transportation and Public Facilities Third Audit Report, 8631-8635 2022-03171 Federal Maritime Federal Maritime Commission PROPOSED RULES Demurrage and Detention Billing Requirements, 8506-8509 2022-02981 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings, 8585 2022-03230 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Endangered Species for Prostrate Milkweed and Designation of Critical Habitat, 8509-8543 2022-02544 Food and Drug Food and Drug Administration NOTICES Data Standards: Version 3.1.1 of the Clinical Data Interchange Standards Consortium Standard for Exchange of Nonclinical Data Implementation Guide, 8585-8586 2022-03225 Request for Comments: International Drug Scheduling; Convention on Psychotropic Substances; Single Convention on Narcotic Drugs; World Health Organization; etc., 8586-8592 2022-03229 Withdrawal of Guidance: Compliance Policy Guide Sec. 510.800, 540.420, 562.800, 8592-8593 2022-03224 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Actions, 8635-8636 2022-03185 Foreign Trade Foreign-Trade Zones Board NOTICES Application for Subzone: Kaiser Premier, LLC, Foreign-Trade Zone 123, Denver, CO, 8563 2022-03174 Proposed Production Activity: M.M.O. Companies, Inc. (Disassembly of Firearms and Ammunition), Foreign-Trade Zone 31, Granite City, IL, 8562-8563 2022-03175 Forest Forest Service NOTICES Comprehensive River Management Plan for Nine Wild and Scenic Rivers on Mt. Hood National Forest: Clackamas, Multnomah, Wasco and Hood River Counties, OR, 8561 2022-03187 Meetings: Superior Resource Advisory Committee, 8560-8561 2022-03140 Health and Human Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8594-8595 2022-03130 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Ryan White HIV/AIDS Program AIDS Education and Training Center Program Evaluation Activities, 8593-8594 2022-03206 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection See U.S. Immigration and Customs Enforcement Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: At-Risk/Receivership/Receivership/Substandard/Troubled Program, 8604 2022-03178 Family Options 12 Year Study: Tracking and Reengagement Data Collection, 8603-8604 2022-03179 Inspector Candidate Assessment Questionnaire, 8604-8605 2022-03176 Interior Interior Department See Fish and Wildlife Service RULES Privacy Act: Exemption for the Insider Threat Program, 8427-8428 2022-03135 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Movable Barrier Operator Systems and Components Thereof, 8605-8606 2022-03167 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2022 Police Public Contact Survey, 8609 2022-03148 Electronic Applications for the Attorney General's Honors Program and the Summer Law Intern Program, 8606-8607 2022-03150 National Pretrial Reporting Program, 8607-8608 2022-03149 Sequestered Juror Information Form, 8608-8609 2022-03151 Labor Department Labor Department See Mine Safety and Health Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: General Working Conditions in Shipyard Employment Standard, 8609-8610 2022-03189 Mine Mine Safety and Health Administration NOTICES Petition: Modification of Application of an Existing Mandatory Safety Standard, 8610-8611 2022-03188 NASA National Aeronautics and Space Administration NOTICES Meetings: Heliophysics Advisory Committee; Space Weather Council, 8615-8616 2022-03210 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 8616 2022-03285 National Endowment for the Humanities National Endowment for the Humanities RULES Indemnification of Employees, 8430-8432 2022-03058 Testimony and Production of Records, 8428-8430 2022-03060 NOTICES Privacy Act; Systems of Records; Correction, 8616 2022-03211 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Humanities National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: Atlantic Bluefin Tuna Fisheries, 8432-8433 2022-03236 Fisheries of the Exclusive Economic Zone off Alaska: Pacific Cod by Vessels Using Pot Gear in the Western Regulatory Area of the Gulf of Alaska, 8433 2022-03221 PROPOSED RULES Fisheries of the Northeastern United States: Framework Adjustment 34 to the Atlantic Sea Scallop Fishery Management Plan, 8543-8558 2022-03047 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Education and Human Resources Program Monitoring Clearance, 8616-8618 2022-03165 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Acrylonitrile Standard, 8611-8612 2022-03192 National Fall Safety Stand-Down to Prevent Falls in Construction, 8614-8615 2022-03193 Nationally Recognized Testing Laboratories: MET Laboratories, Inc.; Application for Expansion of Recognition, 8612-8614 2022-03194 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Program Services Evaluation Surveys, 8618 2022-03219 Presidential Documents Presidential Documents EXECUTIVE ORDERS Afghanistan; Property of Da Afghanistan Bank, Protection Efforts on Behalf of the People (EO 14064), 8391-8393 2022-03346 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8618-8620 2022-03164 Securities Securities and Exchange Commission PROPOSED RULES Rule 10b5-1 and Insider Trading, 8686-8731 2022-01140 Share Repurchase Disclosure Modernization, 8443-8472 2022-01068 NOTICES Advisors Series Trust and Semper Capital Management, LP, 8623-8624 2022-03152 DoubleLine ETF Trust, et al., 8620-8621 2022-03153 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 8628 2022-03139 Cboe Exchange, Inc., 8621-8623, 8625-8628 2022-03138 2022-03142 National Securities Clearing Corp., 8624 2022-03141 Small Business Small Business Administration NOTICES Disaster Declaration: Colorado, 8629-8630 2022-03186 Small Business Size Standards: Termination of Nonmanufacturer Rule Class Waiver, 8628-8629 2022-03201 Termination of Nonmanufacturer Rule Class Waiver, 8630-8631 2022-03202 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration Treasury Treasury Department See Foreign Assets Control Office U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Civil Surgeon Designation, 8598-8599 2022-03159 Application to Preserve Residence for Naturalization, 8602-8603 2022-03160 Petition for Nonimmigrant Worker: H-2A Classification and Petition for Nonimmigrant Worker: H-2B Classification, 8601-8602 2022-03162 Petitions for Nonimmigrant Worker Classifications, 8599-8601 2022-03161 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Insular Possession Certificate of Origin, 8595-8596 2022-03136 Immigration U.S. Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Designation of Attorney in Fact/Revocation of Designation of Attorney in Fact, 8597-8598 2022-03228 Veteran Affairs Veterans Affairs Department PROPOSED RULES Schedule for Rating Disabilities: Mental Disorders, 8498-8506 2022-02051 Schedule for Rating Disabilities: Ear, Nose, Throat, and Audiology Disabilities; Respiratory System; Special Provisions Regarding Evaluation of Respiratory Conditions, 8474-8498 2022-02049 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Veterans Affairs Life Insurance, 8637 2022-03044 Meetings: Advisory Committee on Homeless Veterans, 8636-8637 2022-03231 Geriatric and Gerontology Advisory Committee, 8637-8638 2022-03216 Veterans' Family, Caregiver and Survivor Advisory Committee, 8636 2022-03232 Separate Parts In This Issue Part II Consumer Product Safety Commission, 8640-8684 2022-02414 Part III Securities and Exchange Commission, 8686-8731 2022-01140 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. 87 31 Tuesday, February 15, 2022 Rules and Regulations DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 3 [Docket No. USDA-2022-0003] RIN 0503-AA76 Civil Monetary Penalty Inflation Adjustments for 2022 AGENCY: Office of the Secretary, USDA. ACTION: Final rule. SUMMARY: This final rule amends the U.S. Department of Agriculture's civil monetary penalty regulations by making inflation adjustments as mandated by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. DATES: Effective February 15, 2022. FOR FURTHER INFORMATION CONTACT: Mr. Stephen O'Neill, Office of Budget and Program Analysis, USDA, 1400 Independence Avenue SW, Washington, DC 20250-1400,

(202)720-0038. SUPPLEMENTARY INFORMATION: I. Background On November 2, 2015, the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act), which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990, was signed into law to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. The 2015 Act requires agencies to adjust for inflation annually. This rule amends 7 CFR part 3 to update the amount of civil monetary penalties that may be levied by U.S. Department of Agriculture

(USDA)agencies to reflect inflationary adjustments for 2022 in accordance with the 2015 Act. As required by the 2015 Act, the annual adjustment was made for inflation based on the Consumer Price Index for the month of October 2021 and rounded to the nearest dollar after an initial adjustment. The civil monetary penalties are listed according to the applicable administering agency. II. Notice and Comment Not Required This rule is required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, with no issue of policy discretion. Accordingly, pursuant to the administrative procedure provisions in 5 U.S.C. 553, we find upon good cause that prior notice and other public procedure with respect to this action are not necessary. We also find good cause for making this action effective less than 30 days after publication in the **Federal Register** . III. Procedural Requirements Executive Order 12866 The Office of Management and Budget has determined that this regulatory action does not meet the criteria for significant regulatory action pursuant to Executive Order 12866, Regulatory Planning and Review. This rule contains inflation adjustments in compliance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The great majority of individuals, organizations, and entities participating in the programs affected by this regulation do not engage in prohibited activities and practices that would result in civil monetary penalties being incurred. Accordingly, we believe that any aggregate economic impact of this revised regulation will be minimal, affecting only the limited number of program participants that may engage in prohibited behavior in violation of the statutes. Regulatory Flexibility Act The provisions of the Regulatory Flexibility Act relating to an initial and final regulatory flexibility analysis (5 U.S.C. 603, 604) are not applicable to this final rule because USDA was not required to publish notice of proposed rulemaking under 5 U.S.C. 553 or any other law. Accordingly, a regulatory flexibility analysis is not required. Paperwork Reduction Act This final rule imposes no new reporting or recordkeeping requirements necessitating clearance by OMB. List of Subjects in 7 CFR Part 3 Administrative practice and procedure, Claims, Government employees, Income taxes, Loan programs—agriculture, Penalties, Reporting and recordkeeping requirements, Wages. Accordingly, we are amending 7 CFR part 3, subpart I, as follows: PART 3—DEBT MANAGEMENT 1. The authority citation for part 3, subpart I, continues to read as follows: Authority: 28 U.S.C. 2461 note. 2. Section 3.91 is amended by revising paragraphs (a)(2) and

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

(a)* * *

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

(b)of this section applies only to violations occurring after February 15, 2022.

(b)*Penalties* —(1) *Agricultural Marketing Service.*

(i)Civil penalty for improper record keeping codified at 7 U.S.C. 136i-1(d), has: A maximum of $1,036 in the case of the first offense, and a minimum of $2,012 in the case of subsequent offenses, except that the penalty will be less than $2,012 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 $5,638.

(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 $1,800 for each such offense and not more than $449 for each day it continues, or a maximum of $449 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 $3,599 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 $163 and a maximum of $16,444.

(vi)Civil penalty for a violation of the Export Grape and Plum Act, codified at 7 U.S.C. 596, has a minimum of $314 and a maximum of $31,465.

(vii)Civil penalty for a violation of an order issued by the Secretary under the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, codified at 7 U.S.C. 608c(14)(B), has a maximum of $3,147. 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 $314.

(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 $107 and a maximum of $2,146.

(x)Civil penalty for failure to collect any assessment or fee for a violation of the Cotton Research and Promotion Act, codified at 7 U.S.C. 2112(b), has a maximum of $3,147.

(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 $1,411 and a maximum of $13,009.

(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 $1,411. 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 $1,631 and a maximum of $16,308.

(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 $1,631. 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 $12,722.

(xvi)Civil penalty for failure to remit any assessment or for a violation of a program regarding wheat and wheat foods research, codified at 7 U.S.C. 3410(b), has a maximum of $3,147.

(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 $1,481 and a maximum of $14,807. (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 $1,481. 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 $2,737.

(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 $822 and a maximum of $8,433.

(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 $843. 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 $2,545. (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 $1,273. 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 $1,273 and a maximum of $12,722.

(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 $1,273. Each day the violation continues is a separate violation.

(xxvi)Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Pecan Promotion and Research Act of 1990, codified at 7 U.S.C. 6009(c)(1), has a minimum of $2,072 and a maximum of $20,709. (xxvii) Civil penalty for failure to obey a cease and desist order under the Pecan Promotion and Research Act of 1990, codified at 7 U.S.C. 6009(e), has a maximum of $2,070. (xxviii) Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Mushroom Promotion, Research, and Consumer Information Act of 1990, codified at 7 U.S.C. 6107(c)(1), has a minimum of $1,007 and a maximum of $10,066.

(xxix)Civil penalty for failure to obey a cease and desist order under the Mushroom Promotion, Research, and Consumer Information Act of 1990, codified at 7 U.S.C. 6107(e), has a maximum of $1,007. Each day the violation continues is a separate violation.

(xxx)Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of the Lime Research, Promotion, and Consumer Information Act of 1990, codified at 7 U.S.C. 6207(c)(1), has a minimum of $1,007 and a maximum of $10,066.

(xxxi)Civil penalty for failure to obey a cease and desist order under the Lime Research, Promotion, and Consumer Information Act of 1990, codified at 7 U.S.C. 6207(e), has a maximum of $1,007. Each day the violation continues is a separate violation. (xxxii) Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Soybean Promotion, Research, and Consumer Information Act, codified a 7 U.S.C. 6307(c)(1)(A), has a maximum of $2,072. (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 $10,310. Each day the violation continues is a separate violation. (xxxiv) Civil penalty for failure to pay, collect, or remit any assessment or fee or for a violation of a program under the Fluid Milk Promotion Act of 1990, codified at 7 U.S.C. 6411(c)(1)(A), has a minimum of $1,007 and a maximum of $10,066, or in the case of a violation that is willful, codified at 7 U.S.C. 6411(c)(1)(B), has a minimum of $19,781 and a maximum of $201,301.

(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 $10,360. 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 $20,130. (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 $949 and a maximum of $9,491. (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 $9,491. 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 $1,850.

(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 $924. 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 $1,746 and a maximum of $17,472 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 $1,746 and a maximum of $17,472. 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 $1,746 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 $8,736. 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 $874 and a maximum of $8,736 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 $874. 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 $1,746 for each violation. (xlviii) Civil penalty for certain violations under the Egg Products Inspection Act, codified at 21 U.S.C. 1041(c)(1)(A), has a maximum of $10,066 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 $1,588 and a maximum of $15,880 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 $15,896 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 $16,444 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 $16,444 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 $15,896 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 $1,277 for each violation.

(lv)Civil penalty for violations of the Dairy Research Program, codified at 7 U.S.C. 4535 and 4510(b), has a maximum of $2,737 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 $31,459.

(lvii)Civil penalty for a livestock market agency or dealer failure to register, codified at 7 U.S.C. 203, has a maximum of $2,145 and not more than $107 for each day the violation continues. (lviii) Civil penalty for operating without filing, or in violation of, a stockyard rate schedule, or of a regulation or order of the Secretary made thereunder, codified at 7 U.S.C. 207(g), has a maximum of $2,146 and not more than $107 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 $31,459.

(lx)Civil penalty for a stockyard owner, livestock market agency, or dealer, who knowingly fails to obey any order made under the provisions of 7 U.S.C. 211, 212, or 213, codified at 7 U.S.C. 215(a), has a maximum of $2,146.

(lxi)Civil penalty for live poultry dealer violations, codified at 7 U.S.C. 228b-2(b), has a maximum of $91,517.

(lxii)Civil penalty for a violation, codified at 7 U.S.C. 86(c), has a maximum of $307,438. (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 $39,740 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 $107 and a maximum of $2,146.

(ii)Civil penalty for a violation of the Animal Welfare Act, codified at 7 U.S.C. 2149(b), has a maximum of $12,771, and knowing failure to obey a cease and desist order has a civil penalty of $1,915.

(iii)Civil penalty for any person that causes harm to, or interferes with, an animal used for the purposes of official inspection by USDA, codified at 7 U.S.C. 2279e(a), has a maximum of $15,896.

(iv)Civil penalty for a violation of the Swine Health Protection Act, codified at 7 U.S.C. 3805(a), has a maximum of $31,948.

(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: $79,480 in the case of any individual (except that the civil penalty may not exceed $1,589 in the case of an initial violation of the PPA by an individual moving regulated articles not for monetary gain), $397,397 in the case of any other person for each violation, $638,556 for all violations adjudicated in a single proceeding if the violations do not include a willful violation, and $1,277,111 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: $76,279 in the case of any individual, except that the civil penalty may not exceed $1,526 in the case of an initial violation of the AHPA by an individual moving regulated articles not for monetary gain, $381,394 in the case of any other person for each violation, $638,556 for all violations adjudicated in a single proceeding if the violations do not include a willful violation, and $1,277,111 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 $381,394 in the case of an individual and $762,791 in the case of any other person.

(viii)Civil penalty for violation of the Horse Protection Act, codified at 15 U.S.C. 1825(b)(1), has a maximum of $6,294.

(ix)Civil penalty for failure to obey Horse Protection Act disqualification, codified at 15 U.S.C. 1825(c), has a maximum of $12,299.

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

(d)(other than regulations relating to record keeping or filing reports), (f), or (g), as specified at 16 U.S.C. 1540(a)(1), has a maximum of $57,528 for each violation.

(xi)Civil penalty for knowingly violating, or, if in the business as an importer or exporter, violating, with respect to terrestrial plants, any other regulation under the Endangered Species Act of 1973, as specified at 16 U.S.C. 1540(a)(1), has a maximum of $27,549 for each violation.

(xii)Civil penalty for violating, with respect to terrestrial plants, the Endangered Species Act of 1973, or any regulation, permit, or certificate issued thereunder, as specified at 16 U.S.C. 1540(a)(1), has a maximum of $1,452 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 $181 and a maximum of $924.

(xiv)Civil penalty for a violation of the Commercial Transportation of Equine for Slaughter Act, 7 U.S.C. 1901 note, and its implementing regulations in 9 CFR part 88, as specified in 9 CFR 88.6, has a maximum of $5,468. Each horse transported in violation of 9 CFR part 88 is a separate violation.

(xv)Civil penalty for knowingly violating section 3(d) or 3(f) of the Lacey Act Amendments of 1981, or for violating any other provision provided that, in the exercise of due care, the violator should have known that the plant was taken, possessed, transported, or sold in violation of any underlying law, treaty, or regulation, has a maximum of $28,606 for each violation, as specified in 16 U.S.C. 3373(a)(1) (but if the plant has a market value of less than $382, and involves only the transportation, acquisition, or receipt of a plant taken or possessed in violation of any law, treaty, or regulation of the United States, any Indian tribal law, any foreign law, or any law or regulation of any State, the penalty will not exceed the maximum provided for violation of said law, treaty, or regulation, or $28,606, whichever is less).

(xvi)Civil penalty for violating section 3(f) of the Lacey Act Amendments of 1981, as specified in 16 U.S.C. 3373(a)(2), has a maximum of $715.

(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 $127,712 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 $46,021 for each violation, except that the maximum penalty for violations occurring during a single investigation is $82,871.

(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 $41,436 for each violation, except that the maximum penalty for violations occurring during a single investigation is $82,871.

(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 $195,054,878.

(v)Civil penalty for a vendor convicted of trafficking in food instruments, codified at 42 U.S.C. 1786(o)(1)(A) and 42 U.S.C. 1786(o)(4)(B), has a maximum of $16,865 for each violation, except that the maximum penalty for violations occurring during a single investigation is $67,461.

(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 $16,451 for each violation, except that the maximum penalty for violations occurring during a single investigation is $67,461.

(4)*Food Safety and Inspection Service.*

(i)Civil penalty for certain violations under the Egg Products Inspection Act, codified at 21 U.S.C. 1041(c)(1)(A), has a maximum of $10,066 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 $1,035,909 per violation or three times the gross value of the unprocessed timber, whichever is greater.

(ii)Civil penalty for a violation in disregard of the Forest Resources Conservation and Shortage Relief Act or the regulations that implement such Act regardless of whether such violation caused the export of unprocessed timber originating from Federal lands, codified in 16 U.S.C. 620d(c)(2)(A)(i), has a maximum of $155,387 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 $103,591 per violation.

(iv)Civil penalty for a willful violation of the Forest Resources Conservation and Shortage Relief Act or the regulations that implement such Act regardless of whether such violation caused the export of unprocessed timber originating from Federal lands, codified in 16 U.S.C. 620d(c)(2)(A)(iii), has a maximum of $1,035,909.

(v)Civil penalty for a violation involving protections of caves, codified at 16 U.S.C. 4307(a)(2), has a maximum of $22,640.

(6)[Reserved]

(7)*Federal Crop Insurance Corporation.*

(i)Civil penalty for any person who willfully and intentionally provides any false or inaccurate information to the Federal Crop Insurance Corporation or to an approved insurance provider with respect to any insurance plan or policy that is offered under the authority of the Federal Crop Insurance Act, or who fails to comply with a requirement of the Federal Crop Insurance Corporation, codified in 7 U.S.C. 1515(h)(3)(A), has a maximum of the greater of: The amount of the pecuniary gain obtained as a result of the false or inaccurate information or the noncompliance; or $13,437.

(ii)[Reserved]

(8)*Rural Housing Service.*

(i)Civil penalty for a violation of section 536 of Title V of the Housing Act of 1949, codified in 42 U.S.C. 1490p(e)(2), has a maximum of $220,212 in the case of an individual, and a maximum of $2,202,123 in the case of an applicant other than an individual.

(ii)Civil penalty for equity skimming under section 543(a) of the Housing Act of 1949, codified in 42 U.S.C. 1490s(a)(2), has a maximum of $39,740.

(iii)Civil penalty under section 543b of the Housing Act of 1949 for a violation of regulations or agreements made in accordance with Title V of the Housing Act of 1949, by submitting false information, submitting false certifications, failing to timely submit information, failing to maintain real property in good repair and condition, failing to provide acceptable management for a project, or failing to comply with applicable civil rights laws and regulations, codified in 42 U.S.C. 1490s(b)(3)(A), has a maximum of the greater of: Twice the damages USDA, guaranteed lender, or project that is secured for a loan under Title V suffered or would have suffered as a result of the violation; or $79,480 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 $17,472 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 $17,472 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 $17,472 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 $12,771 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 $15,733 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 $12,538.

(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 $12,538. John Rapp, Director, Office of Budget and Program Analysis. [FR Doc. 2022-03163 Filed 2-14-22; 8:45 am]

Connectionstraces to 73

Traces to 73 documents

U.S. Code