Unknown. Final rule

7,117 words·~32 min read·/register/2024/06/07/2024-12542·

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-2024-06-07.xml --- 89 111 Friday, June 7, 2024 Contents Agency Agency for International Development NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Workforce and Organizational Surveys, 48550 2024-12478 Agriculture Agriculture Department See Forest Service See Rural Business-Cooperative Service See Rural Housing Service RULES Civil Monetary Penalty Inflation Adjustment, 48495-48499 2024-12542 Army Army Department NOTICES Environmental Impact Statements;

Availability, etc.: Army Training Land Retention at Kahuku Training Area, Kawailoa-Poamoho Training Area, and Makua Military Reservation, Island of Oahu, Hawaii, 48600-48601 2024-12573 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Medicare and Medicaid Programs: Application by the Community Health Accreditation Partner Inc. for Continued Approval of its Hospice Accreditation Program, 48646-48647 2024-12495 Coast Guard Coast Guard RULES Safety Zone: Ludington Harbor, Ludington, MI, 48509-48511 2024-12641 Special Local Regulation:

Northern California and Lake Tahoe Area Annual Marine Events; Escape From Alcatraz Swim, San Francisco, CA, 48509 2024-12628 PROPOSED RULES Recordkeeping and Reporting Requirements to Document Environmental Compliance on Certain Commercial Vessels, 48515-48517 2024-12572 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 48599-48600 2024-12479 2024-12480 Defense Department Defense Department See Army Department See Engineers Corps PROPOSED RULES Acquisition Regulation: HUBZone Program, 48544-48549 2024-12570 Subcontracting to Puerto Rican and Covered Territory Small Businesses, 48540-48544 2024-12501 NOTICES U.S. Court of Appeals for the Armed Forces Proposed Rules Changes, 48601-48602 2024-12388 Drug Drug Enforcement Administration PROPOSED RULES Hearings, Meetings, Proceedings, etc.:

Schedules of Controlled Substances: Placement of 2,5-dimethoxy-4-iodoamphetamine and 2,5-dimethoxy-4-chloroamphetamine in Schedule I; Stay, 48515 2024-12504 NOTICES Importer, Manufacturer or Bulk Manufacturer of Controlled Substances; Application, Registration, etc.: American Radiolabeled Chem, 48689-48690 2024-12567 Unither Manufacturing LLC, 48691 2024-12562 Usona Institute, 48690 2024-12575 Veranova, LP, 48690-48691 2024-12576 Education Department Education Department PROPOSED RULES Priorities, Requirements, Definitions, and Selection Criteria:

Postsecondary Student Success Grant, 48517-48523 2024-12502 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: International Resource Information System, 48603-48604 2024-12483 National Assessment of Educational Progress 2025 Long-Term Trend Revision, 48604 2024-12534 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Fusion Energy Public-Private Consortium Framework, 48605-48606 2024-12539 Engineers Engineers Corps NOTICES Environmental Impact Statements;

Availability, etc.: Wilmington Harbor, North Carolina Project, New Hanover and Brunswick Counties, NC, 48602-48603 2024-12577 Environmental Protection Environmental Protection Agency RULES Denial of State Coal Combustion Residuals Permit Program: Alabama, 48774-48820 2024-11692 Hazardous Waste Management System: Identification and Listing of Hazardous Waste, 48511-48514 2024-12496 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Connecticut;

Plan for Inclusion of a Consent Order and Removal of State Orders, 48532-48536 2024-12516 Pennsylvania; Attainment Plan for the Indiana Nonattainment Area for the 2010 1-Hour Sulfur Dioxide National Ambient Air Quality Standard, 48523-48532 2024-11175 NOTICES Application for Emergency Exemption: Alpha-pinene, Anisyl alcohol, Butyl salicylate, Cineole (Eucalyptol), and Phenylacetaldehyde, 48610-48611 2024-12416 Environmental Impact Statements; Availability, etc., 48610 2024-12535 Hearings, Meetings, Proceedings, etc.:

National Environmental Education Advisory Council, 48612 2024-12510 Executive Office Executive Office for Immigration Review RULES Securing the Border, 48710-48772 2024-12435 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Vicinity of Hastings, NE, 48506-48507 2024-12454 Vicinity of Ottumwa, IA, 48504-48506 2024-12457 Airworthiness Directives: Gulfstream Aerospace Corporation Airplanes, 48500-48504 2024-12581 Federal Communications Federal Communications Commission RULES Safeguarding and Securing the Open Internet;

Restoring Internet Freedom; Correction, 48514 2024-12565 PROPOSED RULES Petition for Reconsideration of Action in a Rulemaking Proceeding, 48540 2024-12472 Federal Emergency Federal Emergency Management Agency NOTICES Flood Hazard Determinations, 48660-48668 2024-12522 2024-12523 2024-12524 2024-12526 2024-12529 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48609-48610 2024-12545 Combined Filings, 48606-48608 2024-12546 2024-12549 Institution of Section 206 Proceeding and Refund Effective Date:

Bellflower Solar 1, LLC, 48608 2024-12547 Licenses; Exemptions, Applications, Amendments, etc.: City of Bonners Ferry, 48608-48609 2024-12548 Federal Housing Finance Agency Federal Housing Finance Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48612-48636 2024-12506 Federal Motor Federal Motor Carrier Safety Administration NOTICES Hearings, Meetings, Proceedings, etc.: Safety Fitness Determinations; Public Listening Session, 48703-48704 2024-12530 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 48636-48646 2024-12497 2024-12498 2024-12499 2024-12500 2024-12553 2024-12554 2024-12555 2024-12556 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Announcement of Board Approval under Delegated Authority, 48642-48643 2024-12557 Fish Fish and Wildlife Service NOTICES Permits; Applications, Issuances, etc.: Endangered and Threatened Species, 48670-48673 2024-12544 Food and Drug Food and Drug Administration RULES Food Additives Permitted in Feed and Drinking Water of Animals:

Ethyl Cellulose, 48507-48508 2024-12533 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Irradiation in the Production, Processing, and Handling of Food, 48651-48652 2024-12536 Charter Amendments, Establishments, Renewals and Terminations: Arthritis Advisory Committee, 48652-48653 2024-12525 Obstetrics, Reproductive and Urologic Drugs Advisory Committee, 48653-48654 2024-12528 Hearings, Meetings, Proceedings, etc.: Oncologic Drugs Advisory Committee, Supplemental Biologics License Application 761069/S-043 for Imfinzi (durvalumab) Injection, 48650-48651 2024-12532 Proposal to Refuse To Approve a New Drug Application Supplement:

Hetlioz (Tasimelteon), 48647-48649 2024-12564 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activity: SNRA Commodities, Inc., Foreign-Trade Zone 68, Fabens, TX, 48551-48552 2024-12507 Forest Forest Service NOTICES Proposed New Recreation Fee Sites, 48550 2024-12541 General Services General Services Administration PROPOSED RULES Acquisition Regulation: HUBZone Program, 48544-48549 2024-12570 Subcontracting to Puerto Rican and Covered Territory Small Businesses, 48540-48544 2024-12501 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health PROPOSED RULES Privacy Act;

Implementation, 48536-48540 2024-12469 NOTICES Privacy Act; Systems of Records, 48654-48658 2024-12468 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration RULES Securing the Border, 48710-48772 2024-12435 NOTICES Hearings, Meetings, Proceedings, etc.: Faith-Based Security Advisory Council, 48668-48669 2024-12560 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Ocean Energy Management Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: The Alternatives Process in Hydropower Licensing, 48673-48674 2024-12461 National Environmental Policy Act Implementing Procedures for the Bureau of Reclamation, 48674-48680 2024-12459 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Boltless Steel Shelving Units Prepackaged for Sale from Malaysia, Taiwan, Thailand, and the Socialist Republic of Vietnam, 48555-48558 2024-12566 Certain Carbon and Alloy Steel Cut-To-Length Plate from Italy, 48562-48563 2024-12513 Certain Plastic Decorative Ribbon from the People's Republic of China, 48554-48555 2024-12518 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules from the People's Republic of China, 48559-48561 2024-12531 Large Diameter Welded Pipe from the People's Republic of China, India, Canada, Greece, the Republic of Korea, and the Republic of Turkiye, 48558-48559 2024-12514 Large Diameter Welded Pipe from the Republic of Turkiye, 48561 2024-12521 Approved International Trade Administration Trade Mission, 48552-48554 2024-12508 International Trade Com International Trade Commission NOTICES Complaint, 48688-48689 2024-12538 Investigations;

Determinations, Modifications, and Rulings, etc.: Ceramic Tile from India, 48687-48688 2024-12476 Certain Smart Wearable Devices, Systems, and Components Thereof, 48686-48687 2024-12550 Certain Video Processing Devices and Components Thereof, 48685-48686 2024-12561 Justice Department Justice Department See Drug Enforcement Administration See Executive Office for Immigration Review Labor Department Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Environmental Impact Statements;

Availability, etc.: Lakeview Field Office, Lakeview District, Oregon, 48682-48684 2024-12463 Proposed Lava Ridge Wind Project in Jerome, Lincoln, and Minidoka Counties, ID, 48681-48682 2024-12460 Plats of Survey: Alaska, 48680-48681 2024-12569 NASA National Aeronautics and Space Administration PROPOSED RULES Acquisition Regulation: HUBZone Program, 48544-48549 2024-12570 Subcontracting to Puerto Rican and Covered Territory Small Businesses, 48540-48544 2024-12501 National Highway National Highway Traffic Safety Administration NOTICES Petition for Decision of Inconsequential Noncompliance:

Forest River Bus, LLC; Denial, 48704-48707 2024-12515 National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings, etc.: Center for Scientific Review, 48659-48660 2024-12475 National Institute of Neurological Disorders and Stroke, 48658 2024-12578 2024-12579 National Institute of Nursing Research, 48658-48659 2024-12509 National Institute on Alcohol Abuse and Alcoholism, 48659 2024-12474 National Institute on Minority Health and Health Disparities, 48660 2024-12511 National Oceanic National Oceanic and Atmospheric Administration NOTICES Hearings, Meetings, Proceedings, etc.:

Evaluation of California Coastal Management Program, 48565 2024-12512 Management Track Assessment Peer Review for Four Stocks of Atlantic Cod, Atlantic Surfclam, Black Sea Bass, Butterfish, and Golden Tilefish, 48563-48565 2024-12568 Schedules for Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops, 48597-48599 2024-12571 Taking or Importing of Marine Mammals: Log Export Dock Project on the Columbia River near Longview, WA, 48579-48597 2024-12473 Terminal 4 Expansion and Redevelopment Project at the Port of Grays Harbor, WA, 48565-48579 2024-12471 National Park National Park Service NOTICES Hearings, Meetings, Proceedings, etc.:

Committee for the Preservation of the White House, 48684-48685 2024-12552 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Systematics Scientists Community Survey, 48693-48694 2024-12558 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reports of Injuries to Employees Operating Mechanical Power Presses, 48691-48693 2024-12464 Ocean Energy Management Ocean Energy Management Bureau NOTICES Environmental Assessments;

Availability, etc.: Commercial Wind Lease and Site Assessment Activities on the Atlantic Outer Continental Shelf of the Central Atlantic, 48685 2024-12563 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 48694 2024-12537 Presidential Documents Presidential Documents PROCLAMATIONS Border Security; U.S. Efforts To Secure (Proc. 10773), 48487-48493 2024-12647 Rural Business Rural Business-Cooperative Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 48551 2024-12492 Rural Housing Service Rural Housing Service RULES Single Family Housing Home Repair Loans and Grants in Presidentially Declared Disaster Areas Pilot Program, 48499-48500 2024-12559 Securities Securities and Exchange Commission NOTICES Fiscal Year 2021 Service Contract Inventory, 48695 2024-12527 Self-Regulatory Organizations; Proposed Rule Changes: Cboe EDGX Exchange, Inc., 48695-48697 2024-12465 The Options Clearing Corp., 48697-48700 2024-12466 Small Business Small Business Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 48700 2024-12467 Disaster Declaration: Oklahoma, 48700-48701 2024-12488 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Global Community Liaison Office Professional Development Fellowship Application, 48701 2024-12543 Determinations: Use of Chemical Weapons by Russia under the Chemical and Biological Weapons Control and Warfare Elimination Act, 48701-48702 2024-12481 Surface Transportation Surface Transportation Board NOTICES 2023 Tax Information for Use in The Revenue Shortfall Allocation Method, 48702-48703 2024-12517 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration Security Transportation Security Administration NOTICES Request for Membership Application:

Surface Transportation Security Advisory Committee, 48669-48670 2024-12505 Treasury Treasury Department See United States Mint U.S. Mint United States Mint NOTICES Hearings, Meetings, Proceedings, etc.: Citizens Coinage Advisory Committee, 48707 2024-12470 Separate Parts In This Issue Part II Homeland Security Department, 48710-48772 2024-12435 Justice Department, Executive Office for Immigration Review, 48710-48772 2024-12435 Part III Environmental Protection Agency, 48774-48820 2024-11692 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. 89 111 Friday, June 7, 2024 Rules and Regulations DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 3 [Docket No. USDA-2024-0001] RIN 0503-AA79 Civil Monetary Penalty Inflation Adjustments for 2024 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 June 7, 2024. 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 2024 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 2023 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 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. 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 June 7, 2024.

(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 $1,152 in the case of the first offense, and a minimum of $2,238 in the case of subsequent offenses, except that the penalty will be less than $2,238 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 $6,272.

(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 $2,002 for each such offense and not more than $500 for each day it continues, or a maximum of $500 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 $4,004 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 $182 and a maximum of $18,292.

(vi)Civil penalty for a violation of the Export Grape and Plum Act, codified at 7 U.S.C. 596, has a minimum of $349 and a maximum of $35,001.

(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 $3,501. 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 $349.

(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 $119 and a maximum of $2,387.

(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 $3,501.

(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 $1,569 and a maximum of $14,471.

(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 $1,569. 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 $1,814 and a maximum of $18,140.

(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 $1,814. 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 $14,151.

(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 $3,501.

(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 $1,648 and a maximum of $16,471. (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 $1,648. 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 $3,045.

(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 $915 and a maximum of $9,380.

(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 $937. 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 $2,831. (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 $1,416. 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 $1,416 and a maximum of $14,151.

(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 $1,416. 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 $2,304 and a maximum of $23,036. (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 $2,302. (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 $1,120 and a maximum of $11,198.

(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 $1,120. 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 $1,120 and a maximum of $11,198.

(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 $1,120. 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 $2,304. (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 $11,469. 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 $1,120 and a maximum of $11,198, or in the case of a violation that is willful, codified at 7 U.S.C. 6411(c)(1)(B), has a minimum of $22,004 and a maximum of $223,922.

(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 $11,524. 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 $22,392. (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 $1,056 and a maximum of $10,557. (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 $10,557. 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 $2,058.

(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 $1,028. 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 $1,942 and a maximum of $19,435 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 $1,942 and a maximum of $19,435. 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 $1,942 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 $9,718. 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 $973 and a maximum of $9,718 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 $973. 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 $1,942 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 $11,198 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 $1,766 and a maximum of $17,665 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 $17,682 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 $18,292 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 $18,292 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 $17,682 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 $1,421 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 $3,045 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 $34,995.

(lvii)Civil penalty for a livestock market agency or dealer failure to register, codified at 7 U.S.C. 203, has a maximum of $2,386 and not more than $119 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 $2,387 and not more than $119 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 $34,995.

(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 $2,387.

(lxi)Civil penalty for live poultry dealer violations, codified at 7 U.S.C. 228b-2(b), has a maximum of $101,801.

(lxii)Civil penalty for a violation, codified at 7 U.S.C. 86(c), has a maximum of $341,985. (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 $44,206 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 $119 and a maximum of $2,387.

(ii)Civil penalty for a violation of the Animal Welfare Act, codified at 7 U.S.C. 2149(b), has a maximum of $14,206, and knowing failure to obey a cease-and-desist order has a civil penalty of $2,130.

(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 $17,682.

(iv)Civil penalty for a violation of the Swine Health Protection Act, codified at 7 U.S.C. 3805(a), has a maximum of $35,538.

(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: $88,411 in the case of any individual (except that the civil penalty may not exceed $1,767 in the case of an initial violation of the PPA by an individual moving regulated articles not for monetary gain), $442,052 in the case of any other person for each violation, $710,311 for all violations adjudicated in a single proceeding if the violations do not include a willful violation, and $1,420,620 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: $84,851 in the case of any individual, except that the civil penalty may not exceed $1,697 in the case of an initial violation of the AHPA by an individual moving regulated articles not for monetary gain, $424,251 in the case of any other person for each violation, $710,311 for all violations adjudicated in a single proceeding if the violations do not include a willful violation, and $1,420,620 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 $424,251 in the case of an individual and $848,506 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 $7,001.

(ix)Civil penalty for failure to obey Horse Protection Act disqualification, codified at 15 U.S.C. 1825(c), has a maximum of $13,682.

(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 $63,993 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 $30,645 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 $1,615 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 $201 and a maximum of $1,028.

(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 $6,082. 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 $31,821 for each violation, as specified in 16 U.S.C. 3373(a)(1) (but if the plant has a market value of less than $425, 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 $31,821, 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 $795.

(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 $142,063 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 $51,192 for each violation, except that the maximum penalty for violations occurring during a single investigation is $92,183.

(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 $46,092 for each violation, except that the maximum penalty for violations occurring during a single investigation is $92,183.

(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 $216,973,224.

(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 $18,760 for each violation, except that the maximum penalty for violations occurring during a single investigation is $75,042.

(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 $18,299 for each violation, except that the maximum penalty for violations occurring during a single investigation is $75,042.

(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 $11,198 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 $1,152,314 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 $172,869 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 $115,231 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 $1,152,314.

(v)Civil penalty for a violation involving protections of caves, codified at 16 U.S.C. 4307(a)(2), has a maximum of $25,184.

(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 $14,947.

(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 $244,957 in the case of an individual, and a maximum of $2,449,575 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 $44,206.

(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 $88,411 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 $19,435 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 $19,435 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 $19,435 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 $14,206 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 $17,501 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 $13,947.

(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 $13,947. John Rapp, Director, Office of Budget and Program Analysis, United States Department of Agriculture. [FR Doc. 2024-12542 Filed 6-6-24; 8:45 am]

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