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--- schema: federal-register doc_type: fedreg source_file: FR-2023-05-10.xml --- 88 90 Wednesday, May 10, 2023 Contents Agriculture Agriculture Department See Farm Service Agency See Food and Nutrition Service See Forest Service RULES Civil Monetary Penalty Inflation Adjustment, 30029-30033 2023-09912 AIRFORCE Air Force Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30096-30097 2023-09920 Civil Rights Civil Rights Commission NOTICES Meetings:

Florida Advisory Committee, 30077 2023-09924 West Virginia Advisory Committee, 30077-30078 2023-09926 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Community Living Administration Community Living Administration NOTICES Single-Source Supplement: Amputee Coalition of America, Inc.; National Limb Loss Resource Center Cooperative Agreement, 30131 2023-09910 Defense Department Defense Department See Air Force Department See Navy Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 30097-30099 2023-09923 2023-09928 2023-09929 Drug Drug Enforcement Administration RULES Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications, 30037-30043 2023-09936 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: IDEA Part B State Performance Plan and Annual Performance Report, 30116-30117 2023-09870 National Center for Education Statistics Data Security Requirements for Accessing Restricted Use Data, 30106-30108 2023-09878 Applications for New Awards:

Expanding Opportunity through Quality Charter Schools Program—Grants for Credit Enhancement for Charter School Facilities, 30100-30106 2023-09952 Personnel Development to Improve Services and Results for Children with Disabilities—Preparation of Related Services Personnel Serving Children with Disabilities who have High-Intensity Needs, 30108-30116 2023-09954 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Pesticide Tolerance;

Exemptions, Petitions, Revocations, etc.: Cyflufenamid, 30043-30047 2023-09872 NOTICES Meetings: White House Environmental Justice Advisory Council, 30128-30129 2023-09917 Pesticide Emergency Exemptions: Agency Decisions and State and Federal Agency Crisis Declarations, 30127-30128 2023-09880 Farm Service Farm Service Agency NOTICES Funding Availability: Rice Production Program, 30070-30073 2023-09945 Federal Aviation Federal Aviation Administration NOTICES Petition for Exemption;

Summary: The Boeing Company, 30205-30206 2023-09971 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30129-30131 2023-09884 2023-09885 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Dashields Hydropower Corp., 30126-30127 2023-09937 Combined Filings, 30117-30118, 30120-30125 2023-09955 2023-09956 2023-09957 2023-09977 2023-09978 2023-09979 Effectiveness of Exempt Wholesale Generator Status:

Danish Fields Solar, LLC, Lockhart ESS, LLC, SR Snipesville III, LLC, et al., 30124 2023-09976 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Fox Squirrel Solar, LLC, 30123 2023-09975 Pomona Energy Storage 2, LLC, 30124 2023-09974 Request for Extension of Time: Transcontinental Gas Pipe Line Co., LLC, 30125-30126 2023-09942 Request under Blanket Authorization: Natural Gas Pipeline Co. of America, LLC, 30118-30119 2023-09941 Settlement Agreement:

FirstLight MA Hydro, LLC, Northfield Mountain, LLC, 30117 2023-09940 Fish Fish and Wildlife Service RULES Endangered and Threatened Species: Reclassifying Furbish's Lousewort (Pedicularis furbishiae) from Endangered to Threatened Status with a Section 4(d) Rule, 30047-30057 2023-09847 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Expanded Access to Investigational Drugs for Treatment Use, 30131-30133 2023-09982 Determination of Regulatory Review Period for Purposes of Patent Extension:

Detectnet, 30133-30135 2023-09891 Emergency Use Authorization: In Vitro Diagnostic Devices for Detection and/or Diagnosis of COVID-19; Revocation, 30135-30139 2023-09879 Guidance: Testing of Glycerin, Propylene Glycol, Maltitol Solution, Hydrogenated Starch Hydrolysate, Sorbitol Solution, and Other High-Risk Drug Components for Diethylene Glycol and Ethylene Glycol, 30139-30141 2023-09973 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: USDA Professional Standards Training Tracker Tool, 30074-30075 2023-09890 Forest Forest Service NOTICES Meetings: Greater Rocky Mountain Resource Advisory Committee, 30076-30077 2023-09881 Missoula Resource Advisory Committee, 30075-30076 2023-09883 Health and Human Health and Human Services Department See Community Living Administration See Food and Drug Administration See Indian Health Service RULES Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications, 30037-30043 2023-09936 NOTICES Delegation of Authority, 30141 2023-10041 Homeland Homeland Security Department See U.S.

Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Consolidated Public Housing Certification of Completion, 30152-30153 2023-09938 Vacant Loan Sale, 30150-30152 2023-09871 Indian Health Indian Health Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Indian Self-Determination and Education Assistance Act Contracts, 30149-30150 2023-09980 Funding Opportunity:

National Indian Health Outreach and Education, 30141-30149 2023-09958 Industry Industry and Security Bureau NOTICES Denial of Export Privileges: Mahan Airways, Pejman Mahmood Kosarayanifard a/k/a Kosarian Fard, Mahmoud Amini, et al., 30078-30086 2023-09921 Interior Interior Department See Fish and Wildlife Service See National Park Service See Reclamation Bureau Internal Revenue Internal Revenue Service PROPOSED RULES Information Reporting and Transfer: Valuable Consideration Rules for Exchanges of Life Insurance and Certain Other Life Insurance Contract Transactions, 30058-30068 2023-09637 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Boltless Steel Shelving Units Prepacked for Sale from the People's Republic of China, 30086-30087 2023-09946 Common Alloy Aluminum Sheet from Germany, 30087-30089 2023-09922 Common Alloy Aluminum Sheet from the Republic of Turkey, 30092-30093 2023-09961 Common Alloy Aluminum Sheet from Turkey, 30089-30091 2023-09962 International Trade Com International Trade Commission NOTICES Complaint: Certain Photovoltaic Connectors and Components Thereof, 30160-30161 2023-09963 Investigations;

Determinations, Modifications, and Rulings, etc.: Certain Fitness Devices, Streaming Components Thereof, and Systems Containing Same, 30158-30160 2023-09953 Justice Department Justice Department See Drug Enforcement Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Alternate Means of Identification of Firearm(s) (Marking Variance), 30161-30162 2023-09873 Notice of Firearms Manufactured or Imported, 30162-30163 2023-09888 Labor Department Labor Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Nonmonetary Determination Activity Report, 30163 2023-09913 NASA National Aeronautics and Space Administration NOTICES Privacy Act; Systems of Records, 30163-30175 2023-09931 2023-09932 2023-09933 2023-09934 2023-09935 National Oceanic National Oceanic and Atmospheric Administration NOTICES Taking or Importing of Marine Mammals: Port San Luis Breakwater Repairs in Avila Beach, CA, 30093-30096 2023-09951 National Park National Park Service NOTICES Inventory Completion:

Peabody Museum of Archaeology and Ethnology, Harvard University, Cambridge, MA, 30153-30158 2023-09894 2023-09895 2023-09896 2023-09897 2023-09898 2023-09899 2023-09900 Navy Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30099-30100 2023-09925 Personnel Personnel Management Office NOTICES Privacy Act; Systems of Records, 30175-30178 2023-09943 Postal Service Postal Service PROPOSED RULES Custom Declaration Exceptions, 30068-30069 2023-09939 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

National Teacher Appreciation Day and National Teacher Appreciation Week (Proc. 10572), 30025-30026 2023-10086 Public Service Recognition Week (Proc. 10573), 30027-30028 2023-10087 ADMINISTRATIVE ORDERS Syria; Continuation of National Emergency (Notice of May 8, 2023), 30209-30212 2023-10143 Reclamation Reclamation Bureau NOTICES Meetings: Glen Canyon Dam Adaptive Management Work Group; Correction, 30158 2023-09970 Securities Securities and Exchange Commission NOTICES Application:

Lafayette Square USA, Inc., et al., 30203 2023-09911 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BYX Exchange, Inc., 30197-30200 2023-09901 Cboe BZX Exchange, Inc., 30178-30185 2023-09902 2023-09904 Cboe EDGA Exchange, Inc., 30185-30187, 30194-30197 2023-09905 2023-09907 Cboe EDGX Exchange, Inc., 30200-30203 2023-09906 ICE Clear Europe, Ltd., 30187-30194 2023-09903 NYSE Arca, Inc., 30203 2023-09908 Small Business Small Business Administration NOTICES Disaster Declaration:

Illinois, 30204 2023-09914 2023-09915 State Department State Department NOTICES Culturally Significant Objects Being Imported for Exhibition: The World Outside: Louise Nevelson at Midcentury, 30204-30205 2023-09919 Susquehanna Susquehanna River Basin Commission NOTICES Meetings, 30205 2023-09944 Tennessee Tennessee Valley Authority NOTICES Meetings; Sunshine Act, 30205 2023-10107 Transportation Department Transportation Department See Federal Aviation Administration Treasury Treasury Department See Internal Revenue Service NOTICES Meetings:

Treasury Advisory Committee on Racial Equity, 30206-30207 2023-09892 Customs U.S. Customs and Border Protection RULES Termination of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service between the United States and Canada, 30033-30035 2023-09948 Termination of Temporary Travel Restrictions: Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 30035-30036 2023-09949 Separate Parts In This Issue Part II Presidential Documents, 30209-30212 2023-10143 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. 88 90 Wednesday, May 10, 2023 Rules and Regulations DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 3 [Docket No. USDA-2023-0001] RIN 0503-AA77 Civil Monetary Penalty Inflation Adjustments for 2023 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 May 10, 2023. 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 2023 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 2022 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

(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. 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 May 10, 2023.

(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 $1,116 in the case of the first offense, and a minimum of $2,168 in the case of subsequent offenses, except that the penalty will be less than $2,168 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 $6,075.

(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 $1,939 for each such offense and not more than $484 for each day it continues, or a maximum of $484 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 $3,878 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 $176 and a maximum of $17,718.

(vi)Civil penalty for a violation of the Export Grape and Plum Act, codified at 7 U.S.C. 596, has a minimum of $338 and a maximum of $33,902.

(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 $3,391. 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 $338.

(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 $115 and a maximum of $2,312.

(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 $3,391.

(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 $1,520 and a maximum of $14,017.

(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 $1,520. 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 $1,757 and a maximum of $17,571.

(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 $1,757. 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 $13,707.

(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 $3,391.

(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 $1,596 and a maximum of $15,954. (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 $1,596. 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 $2,949.

(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 $886 and a maximum of $9,086.

(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 $908. 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 $2,742. (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 $1,372. 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 $1,372 and a maximum of $13,707.

(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 $1,372. 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 $2,232 and a maximum of $22,313. (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 $2,230. (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 $1,085 and a maximum of $10,846.

(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 $1,085. 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 $1,085 and a maximum of $10,846.

(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 $1,085. 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 $2,232. (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 $11,109. 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 $1,085 and a maximum of $10,846, or in the case of a violation that is willful, codified at 7 U.S.C. 6411(c)(1)(B), has a minimum of $21,313 and a maximum of $216,892.

(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 $11,162. 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 $21,689. (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 $1,023 and a maximum of $10,226. (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 $10,226. 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 $1,993.

(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 $996. 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 $1,881 and a maximum of $18,825 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 $1,881 and a maximum of $18,825. 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 $1,881 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 $9,413. 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 $942 and a maximum of $9,413 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 $942. 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 $1,881 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 $10,846 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 $1,711 and a maximum of $17,110 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 $17,127 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 $17,718 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 $17,718 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 $17,127 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 $1,376 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 $2,949 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 $33,896.

(lvii)Civil penalty for a livestock market agency or dealer failure to register, codified at 7 U.S.C. 203, has a maximum of $2,311 and not more than $115 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 $2,312 and not more than $115 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 $33,896.

(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 $2,312.

(lxi)Civil penalty for live poultry dealer violations, codified at 7 U.S.C. 228b-2(b), has a maximum of $98,605.

(lxii)Civil penalty for a violation, codified at 7 U.S.C. 86(c), has a maximum of $331,249. (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 $42,818 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 $115 and a maximum of $2,312.

(ii)Civil penalty for a violation of the Animal Welfare Act, codified at 7 U.S.C. 2149(b), has a maximum of $13,760, and knowing failure to obey a cease-and-desist order has a civil penalty of $2,063.

(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 $17,127.

(iv)Civil penalty for a violation of the Swine Health Protection Act, codified at 7 U.S.C. 3805(a), has a maximum of $34,422.

(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: $85,636 in the case of any individual (except that the civil penalty may not exceed $1,712 in the case of an initial violation of the PPA by an individual moving regulated articles not for monetary gain), $428,175 in the case of any other person for each violation, $688,012 for all violations adjudicated in a single proceeding if the violations do not include a willful violation, and $1,376,023 for all violations adjudicated in a single proceeding if the violations include a willful violation; or twice the gross gain or gross loss for any violation, forgery, counterfeiting, unauthorized use, defacing, or destruction of a certificate, permit, or other document provided for in the PPA that results in the person deriving pecuniary gain or causing pecuniary loss to another.

(vi)Civil penalty for any person (except as provided in 7 U.S.C. 8309(d)) that violates the Animal Health Protection Act (AHPA), or that forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided under the AHPA, codified at 7 U.S.C. 8313(b)(1), has a maximum of the greater of: $82,187 in the case of any individual, except that the civil penalty may not exceed $1,644 in the case of an initial violation of the AHPA by an individual moving regulated articles not for monetary gain, $410,933 in the case of any other person for each violation, $688,012 for all violations adjudicated in a single proceeding if the violations do not include a willful violation, and $1,376,023 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 $410,933 in the case of an individual and $821,869 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 $6,781.

(ix)Civil penalty for failure to obey Horse Protection Act disqualification, codified at 15 U.S.C. 1825(c), has a maximum of $13,252.

(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 $61,984 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 $29,683 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 $1,564 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 $195 and a maximum of $996.

(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 $5,891. 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 $30,822 for each violation, as specified in 16 U.S.C. 3373(a)(1) (but if the plant has a market value of less than $412, 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 $30,822, 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 $770.

(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 $137,603 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 $49,585 for each violation, except that the maximum penalty for violations occurring during a single investigation is $89,289.

(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 $44,645 for each violation, except that the maximum penalty for violations occurring during a single investigation is $89,289.

(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 $210,161,878.

(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 $18,171 for each violation, except that the maximum penalty for violations occurring during a single investigation is $72,686.

(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 $17,725 for each violation, except that the maximum penalty for violations occurring during a single investigation is $72,686.

(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 $10,846 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 $1,116,140 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 $167,442 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 $111,614 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 $1,116,140.

(v)Civil penalty for a violation involving protections of caves, codified at 16 U.S.C. 4307(a)(2), has a maximum of $24,393.

(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 $14,478.

(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 $237,267 in the case of an individual, and a maximum of $2,372,677 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 $42,818.

(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 $85,636 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 $18,825 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 $18,825 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 $18,825 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 $13,760 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 $16,952 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 $13,509.

(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 $13,509. John Rapp, Director, Office of Budget and Program Analysis. [FR Doc. 2023-09912 Filed 5-9-23; 8:45 am]

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U.S. Code