[Federal Register Volume 62, Number 147 (Thursday, July 31, 1997)]
[Rules and Regulations]
[Pages 40924-40928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19967]
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DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Parts 3, 278, and 400
Department of Agriculture Civil Monetary Penalties Adjustment
AGENCY: Office of the Secretary, USDA.
ACTION: Final rule.
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SUMMARY: In accordance with Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by the Debt Collection Improvement
Act of 1996, this final rule adjusts civil monetary penalties imposed
by agencies within USDA to incorporate an inflation adjustment.
EFFECTIVE DATE: This rule will become effective on September 2, 1997.
FOR FURTHER INFORMATION CONTACT: Rey Gonzalez, OCFO, FPD, USDA, Room
3022-S, 1400 Independence Avenue, SW, Washington DC 20250 (202) 720-
1168.
SUPPLEMENTARY INFORMATION:
I. The Debt Collection Improvement Act of 1996
The Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub.
L. No. 101-410) (Act) was amended by the Debt Collection Improvement
Act of 1996 (Pub. L. No. 104-134) to require Federal agencies to
regularly adjust certain civil monetary penalties (CMP) for inflation.
The Act applies to any CMP provided by law, except for any penalty
under the Internal Revenue Code of 1986, the Tariff Act of 1930, the
Occupational Safety and Health Act of 1970, and the Social Security
Act. The Act defines CMP to be any penalty, fine, or other sanction in
which a Federal statute specifies a monetary amount, a maximum amount,
or a range of amounts for such penalty, fine, or sanction.
As amended, the Act requires each agency to make an initial
inflation adjustment for all applicable CMP, and to make further
inflation adjustments at least once every 4 years thereafter. The Debt
Collection Improvement Act of 1996 stipulates that any increases in CMP
due to the calculated inflation adjustments (i) applies only to
violations which occur after the date the increase takes effect, which
will be thirty (30) days after publication of this final rule; and (ii)
the first adjustment may not exceed 10 percent of the penalty
indicated.
Method of Calculation
Under the Act, the inflation adjustment for each applicable CMP is
determined by increasing the minimum or maximum CMP amount or range of
CMP's per violation or the range of minimum and maximum civil monetary
penalties, as applicable, by the ``cost-of-living adjustment.'' The
``cost-of-living adjustment'' is defined as the percentage of each CMP
by which the Consumer Price Index (CPI) for the month of June of the
calendar year preceding the adjustment, exceeds the CPI for the month
of June of the calendar year in which the amount of the CMP was last
set or adjusted in accordance with the law. The adjustment of these
penalties contained in this notice were limited in two ways by the Act.
First, the initial adjustment of any penalty may not exceed 10 percent
of the unadjusted penalty. Second, any calculated increase under this
adjustment is subject to a specific rounding formula contained in the
Act. As a result of the application of these rounding rules, some
penalties may not be adjusted. Among the penalties adjusted in this
notice, the length of time covered by the adjustment varied, which
means the rate and the amount of the adjustment, if any, applied to
these penalties also varied.
The rule contained in this notice reflects the initial adjustment
to the listed civil monetary penalties required by the Act. This rule
will be amended to reflect any subsequent adjustments to the listed
civil monetary penalties made in accordance with the Act.
II. Civil Monetary Penalties Affected by This Rule
A number of USDA agencies including the Agricultural Marketing
Service; the Federal Crop Insurance Corporation; the Animal and Plant
Health Inspection Service; the Grain Inspection, Packers and Stockyards
Administration; the Food Safety Inspection Service; the Food and
Consumer Service; and the Forest Service administer laws which provide
for the imposition of civil monetary penalties.
This final rule lists the specific penalty or penalty range for
each civil monetary penalty covered by this rule and reflects the
required inflation
[[Page 40925]]
adjustment. This final rule also amends regulations which currently
specify civil monetary amounts, by deleting these amounts and where
appropriate inserting a cross reference to this rule.
III. Waiver of Proposed Rulemaking
In developing this final rule, we are waiving the usual notice of
proposed rulemaking and public comment procedures contained in 5 U.S.C.
553. We have determined that, under 5 U.S.C. 553(b)(3)(B), good cause
exists for dispensing with the notice of proposed rulemaking and public
comment procedures for this rule. Specifically, this rulemaking
comports and is consistent with the statutory authority required by the
Debt Collection Improvement Act of 1996, with no issue of policy
discretion. Accordingly, we believe that opportunity for prior comment
is unnecessary and contrary to the public interest, and are issuing
these revised regulations as a final rule that will apply to all future
cases.
IV. Procedural Requirements
Executive Order 12866
The Office of Management and Budget (OMB) has reviewed this final
rule in accordance with the provisions of Executive Order 12866, and
has determined that it does not meet the criteria for a significant
regulatory action. As indicated above, the provisions contained in this
final rulemaking contained inflation adjustments in compliance with the
Debt Collection Improvement Act of 1996 for specific applicable civil
monetary penalties. The great majority of individuals, organizations
and entities affected by these regulations do not engage in prohibited
activities and practices, and as a result, we believe that any
aggregate economic impact of these revised regulations will be minimal,
affecting only those limited few who may engage in prohibited behavior
in violation of the statutes.
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule: (1) Preempts all State and local laws
and regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Regulatory Flexibility Act of 1995
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 the agency was not
required to publish a 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 Parts 3, 278 and 400
Administrative practice and procedure, Claims, Debt Management,
Penalties.
Accordingly, 7 CFR parts 3, 278, and 400 are amended as set forth
below:
PART 3--DEBT MANAGEMENT
7 CFR part 3 is amended by adding at the end the following new
subpart:
Subpart E--Adjusted Civil Monetary Penalties
Authority: 28 U.S.C. 2461 note.
Sec. 3.91 Adjusted civil monetary penalties.
(a) In General. The Secretary will adjust the civil monetary
penalties, listed in paragraph (b), to take account of inflation at
least once every 4 years as required by the Federal Civil Penalties
Inflation Adjustment Act of 1990 (Pub. L. No. 101-410), as amended by
the Debt Collection Improvement Act of 1996 (Pub. L. No. 104-134).
(b) Penalties. (1) Agricultural Marketing Service-- (i) Civil
penalty for improper pesticide recordkeeping, codified at 7 U.S.C.
136i-1(d), has:
(A) A maximum of $550 in the case of the first offense, and
(B) A minimum of $1,100 in the case of subsequent offenses unless
the Secretary determines that the person made a good faith effort to
comply.
(ii) Civil penalty for a violation of 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 $2,200.
(iii) Civil penalty for a violation of the licensing requirements
under the Perishable Agricultural Commodities Act, codified at 7 U.S.C.
499c(a), has--
(A) A maximum of $1,000 for each such offense and not more than
$250 for each day it continues; or
(B) A maximum of $250 for each such 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 of $2,000 for each violative transaction or each day the
violation continues.
(v) Civil penalty for a violation of Export Apple and Pear Act,
codified at 7 U.S.C. 586, has a minimum of $110 and a maximum of
$11,000.
(vi) Civil penalty for a violation of the Export Grape and Plum
Act, codified at 7 U.S.C. 596, has a minimum of $110 and a maximum of
$11,000.
(vii) Civil penalty for a violation of an order issued by the
Secretary, under the Agricultural Marketing Agreement Act of 1937,
codified at 7 U.S.C. 608c(14)(B), has a maximum of $1,100.
(viii) Civil penalty for failing to file certain reports under the
Agricultural Marketing Agreement Act of 1937, codified at 7 U.S.C.
610(c), has a maximum civil penalty of $110.
(ix) Civil penalty for a violation of seed program under the
Federal Seed Act, codified at 7 U.S.C. 1596(b), has a minimum civil
penalty of $27.50 and a maximum of $550.
(x) Civil penalty for a failure to collect an assessment or fee or
for a violation of the Cotton Research and Promotion Act, codified at 7
U.S.C. 2112(b), has a maximum of $1,100.
(xi) Civil penalty for a violation of a cease and desist order or
for deceptive marketing under the Plant Variety Protection Act,
codified at 7 U.S.C. 2568(b), has a minimum of $550 and a maximum of
$11,000.
(xii) Civil penalty for failing to pay, collect, remit any
assessment or fee or for violating a program regarding Potato Research
and Promotion Act, codified at 7 U.S.C. 2621(b)(1), has a minimum of
$550 and a maximum of $5,500.
(xiii) Civil penalty for failing 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 $550.
(xiv) Civil penalty for failing to pay, collect, remit any
assessment or fee or for violating a program under the Egg Research and
Consumer Information Act, codified at 7 U.S.C. 2714(b)(1), has a
minimum of $550 and a maximum of $5,500.
(xv) Civil penalty for failing to obey a cease and desist order for
a program under the Egg Research and Consumer Information Act, codified
at 7 U.S.C. 2714(b)(3), has a maximum of $550.
(xvi) Civil penalty for failing to remit any assessment or fee or
for violating a program under the Beef Research and Information Act,
codified at 7 U.S.C. 2908(a)(2), has a maximum of $5,500.
(xvii) Civil penalty for failing to remit any assessment or for
violating a program regarding wheat and wheat foods research, codified
at 7 U.S.C. 3410(b), has a maximum of $1,100.
(xviii) Civil penalty for failing to pay, collect, or remit any
assessment or fee
[[Page 40926]]
or violating a program under the Floral Research and Consumer
Information Act, codified at 7 U.S.C. 4314(b)(1), has a minimum $550
and a maximum of $5,500.
(xix) Civil penalty for failing 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 $550.
(xx) Civil penalty for a violation of an order under the Dairy
Promotion Program, codified at 7 U.S.C. 4510(b), has a maximum of
$1,100.
(xxi) Civil penalty for failing to pay, collect, or remit any
assessment or fee or for violating the Honey Research, Promotion, and
Consumer Information Act, codified at 7 U.S.C. 4610(b)(1), has a
minimum civil penalty of $550 and a maximum of $5,500.
(xxii) Civil penalty for failing to obey a cease and desist order
of the Honey Research, Promotion, and Consumer Information Act,
codified at 7 U.S.C. 4610(b)(3), has a maximum civil penalty of $550.
(xxiii) Civil penalty for a violation of a program of the Pork
Promotion, Research, and Consumer Information Act, codified at 7 U.S.C.
4815(b)(1)(A)(i), has a maximum of $1,100.
(xxiv) Civil penalty for failing to obey a cease and desist order
under the Pork Promotion, Research, and Consumer Information Act,
codified at 7 U.S.C. 4815(b)(3)(A), has a maximum of $550.
(xxv) Civil penalty for failing to pay, collect, or remit any
assessments or fee or for violating a program under the Watermelon
Research and Promotion Act, codified at 7 U.S.C. 4910(b)(1), has a
minimum of $550 and a maximum of $5,500.
(xxvi) Civil penalty for failing to obey a cease and desist order
for a program under the Watermelon Research and Promotion Act, codified
at 7 U.S.C. 4910(b)(3), has a maximum of $550.
(xxvii) Civil penalty for failing to pay, collect, or remit any
assessments or fee or for a violation of program under the Pecan
Promotion and Research Act, codified at 7 U.S.C. 6009(c)(1), has a
minimum of $1,100 and a maximum of $11,000.
(xviii) Civil penalty for failing to obey a cease and desist order
of the Pecan Promotion and Research Act, codified at 7 U.S.C. 6009(e),
has a maximum of $1,100.
(xxix) Civil penalty for failing to pay, collect, or remit any
assessments or fee or for violating a program of the Mushroom
Promotion, Research, and Consumer Information Act, codified at 7 U.S.C.
6107(c)(1), has a minimum of $550 and a maximum of $5,500.
(xxx) Civil penalty for failing to obey a cease and desist order
under the Mushroom Promotion, Research, and Consumer Information Act,
codified at 7 U.S.C. 6107(e), has a maximum of $550.
(xxxi) Civil penalty for failing to pay, collect, or remit any
assessments or fee or for violation of the Lime Research, Promotion,
and Consumer Information Act, codified at 7 U.S.C. 6207(c)(1), has a
minimum of $550 and a maximum of $5,500.
(xxxii) Civil penalty for failing to obey a cease and desist order
under the Lime Research, Promotion, and Consumer Information Act,
codified at 7 U.S.C. 6207(e), has a maximum of $550.
(xxxiii) Civil penalty for failing to pay, collect, or remit any
assessments or fee or for violating a program under the Soybean
Promotion, Research, and Consumer Information Act, codified at 7 U.S.C.
6307(c)(1), has a maximum civil penalty of $1,100.
(xxxiv) Civil penalty for failing 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 $5,500.
(xxxv) Civil penalty for failing to pay, collect, or remit any
assessments or fee or for violating a program of the Fluid Milk
Promotion Act, codified at 7 U.S.C. 6411(c)(1)(A), has a minimum of
$550 and a maximum civil penalty of $5,500; or in the case of a
violation which is willful, codified at 7 U.S.C. 6411(c)(1)(B), has a
minimum of $11,000 and a maximum of $110,000.
(xxxvi) Civil penalty for failing to obey a cease and desist order
for a program under the Fluid Milk Promotion Act of 1990, codified at 7
U.S.C. 6411(e), has a maximum of $5,500.
(xxxvii) Civil penalty for knowingly labeling or selling a product
as organic except in accordance with the Organic Foods Production Act,
codified at 7 U.S.C. 6519(a), has a maximum of $11,000.
(xxxviii) Civil penalty for failing to pay, collect, or remit any
assessments or fee or for violation of a program of the Fresh Cut
Flowers and Fresh Cut Greens Promotion and Information Act, codified at
7 U.S.C. 6808(c)(1), has a minimum of $530 and a maximum of $5,300.
(xxxix) Civil penalty for failing to obey a cease and desist order
for a program of the Fresh Cut Flowers and Fresh Cut Greens Promotion
and Information Act, codified at 7 U.S.C. 6808(e), has a maximum of
$5,300.
(xl) Civil penalty for a violation of program of the Sheep
Promotion, Research, and Consumer Information Act, codified at 7 U.S.C.
7107(c)(1), has a maximum of $1,030.
(xli) Civil penalty for failing to obey a cease and desist order
for a program of the Sheep Promotion, Research, and Consumer
Information Act, codified at 7 U.S.C. 7107(e), has a maximum of $520.
(xlii) 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 $1,000 and a
maximum of $10,000 for each violation.
(xliii) Civil penalty for a violation of a cease and desist order
issued under the Commodity Promotion, Research, and Information Act of
1996, codified at 7 U.S.C. 7419(e), has a minimum of $1,000 and a
maximum of $10,000 for each day the violation occurs.
(xliv) 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), has a maximum of
$1,000 for each violation.
(xlv) Civil penalty for a violation of a cease and desist order
issued under the Canola and Rapeseed Research, Promotion, and Consumer
Information Act, codified at 7 U.S.C. 7448(e), has a maximum of $5,000
for each day the violation occurs.
(xlvi) Civil penalty for a 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 $500
and a maximum of $5,000 for each violation.
(xlvii) Civil penalty for a violation of a cease and desist order
issued under the National Kiwifruit Research, Promotion, and Consumer
Information Act, codified at 7 U.S.C. 7468(e), has a maximum of $500
for each day the violation occurs.
(xlviii) Civil penalty for a violation of an order or regulation
issued under the Popcorn Promotion, Research, and Consumer Information
Act, codified at 7 U.S.C. 7487, has a maximum of $1,000 for each
violation.
(xlix) Civil penalty for a violation of an order or regulation
issued under the egg surveillance provisions of the Eggs Product
Inspection Act, codified at 21 U.S.C. 1041(c)(1)(A), has a maximum of
$5,500 for each violation.
(2) Animal and Plant Health Inspection Service--(i) Civil penalty
for a violation of the Act of January 31, 1942, plant and pest
regulations, codified at 7 U.S.C. 149(b)(2), has a maximum of $1,100.
(ii) Civil penalty for a violation of the Federal Plant Pest Act,
codified at 7
[[Page 40927]]
U.S.C. 150gg(b), has a maximum of $1,100.
(iii) Civil penalty for a violation of the Act of August 20, 1912
(commonly known as the Plant Quarantine Act), codified at 7 U.S.C. 163,
has a maximum of $1,100.
(iv) Civil penalty for a violation of the Federal Seed Act,
codified at 7 U.S.C. 1596(b), has a minimum of $27.50 and a maximum of
$550.
(v) Civil penalty for a violation of Animal Welfare Act, codified
at 7 U.S.C. 2149(b), has a maximum of $2,750; and knowing failure to
obey a cease and desist order has a civil penalty of $1,650.
(vi) Civil penalty for a violation of Swine Health Protection Act,
codified at 7 U.S.C. 3805(a), has a maximum of $11,000.
(vii) Civil penalty for a violation of Horse Protection Act,
codified at 15 U.S.C. 1825(b)(1), has a maximum of $2,200.
(viii) Civil penalty for failure to obey Horse Protection Act
disqualification, codified at 15 U.S.C. 1825(c), has a maximum of
$3,300 and exhibition of disqualified horse, codified at 15 U.S.C.
1825(c), has a maximum of $3,300.
(xix) Civil penalty for a violation of the Act of August 30, 1890,
codified at 21 U.S.C. 104, has a maximum of $1,100.
(xx) Civil penalty for a violation of the Act of May 29, 1884
(commonly known as the Animal Industry Act), codified at 21 U.S.C.
117(b), has a maximum of $1,100.
(xxi) Civil penalty for a violation of the Act of February 2, 1903
(commonly known as the Cattle Contagious Disease Act), codified at 21
U.S.C. 122, has a maximum of $1,100.
(xxii) Civil penalty for a violation of the Act of March 3, 1905,
codified at 21 U.S.C. 127, has a maximum of $1,100.
(xxiii) Civil penalty for a violation of the Act of July 2, 1962,
codified at 21 U.S.C. 134e(a)(2), has a maximum of $1,100.
(xxiv) Civil penalty for a violation of the Act of May 6, 1970,
codified at 21 U.S.C. 135a(b), has a maximum of $1,100.
(xxv) Civil penalty for knowingly violating, or, if in the
business, violating, with respect to terrestrial plants, any provision
of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 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), as set forth at 16 U.S.C. 1540(a) (other than regulations relating
to recordkeeping or filing reports), (f), or (g) of the Endangered
Species Act of 1973 (16 U.S.C. 1538(a)(1)(A) through (F), (a)(2)(A)
through (D), (c), (d), (f), and (g)), has a maximum of $25,000.
(xxvi) Civil penalty for knowingly violating, or, if in the
business, violating, with respect to terrestrial plants, any regulation
issued under the Endangered Species Act (16 U.S.C. 1531 et seq.), as
set forth at 16 U.S.C. 1540(a) [except as provided in subparagraph
(O)], has a maximum of $12,000.
(xxvii) Civil penalty for any violation, with respect to
terrestrial plants, of the Endangered Species Act (16 U.S.C. 1531 et
seq.), as set forth at 16 U.S.C. 1540(a) [except as provided in
subparagraphs (O) and (P)], has a maximum of $500.
(3) Food and Consumer Service--(i) Civil penalty for hardship fine
in lieu of disqualification, codified at 7 U.S.C. 2021(a), has a
maximum of $11,000 per violation.
(ii) Civil penalty for trafficking in food coupons, codified at 7
U.S.C. 2021(b)(3)(B), has a maximum of $20,000 for each violation,
except that the maximum penalty for violations occurring during a
single investigation is $40,000.
(iii) Civil penalty for the sale of firearms, ammunition,
explosives, or controlled substances for coupons, codified at 7 U.S.C.
2021(b)(3)(C), has a maximum of $20,000 for each violation except that
the maximum penalty for violations occurring during a single
investigation is $40,000.
(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 the bids for the
purpose of influencing a bid, codified at 42 U.S.C. 1786(h)(8)(H)(i),
has a maximum of $100,000,000.
(4) Food Safety and Inspection Service--(i) Civil penalty for a
violation of the Eggs Products Inspection Act, codified at 21 U.S.C.
1041(c)(1)(A), has a maximum penalty of $5,500 for each violation.
(ii) Civil penalty for a failure to file timely certain reports,
codified at 21 U.S.C. 467d, has a maximum civil penalty of $11 per day
for each day the report is not filed.
(iii) Civil penalty for a failure to file timely certain reports
codified at 21 U.S.C. 677, has a maximum civil penalty of $11 per day
for each day the report is not filed.
(iv) Civil penalty for a failure to file timely certain reports
codified at 21 U.S.C. 1051, has a maximum civil penalty of $11 per day
for each day the report is not filed.
(5) Forest Service--(i) Civil penalty for a willful disregard of
the prohibition against the export of unprocessed timber originating
from Federal lands has a maximum of $550,000 per violation or three
times the gross value of the unprocessed timber whichever is greater,
codified at 16 U.S.C. 620d(c)(1)(A).
(ii) Civil penalty for a violation in disregard of the Forest
Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620
et seq.) or the regulations that implement such Act regardless of
whether such violation caused the export of unprocessed timber
originating from Federal lands, has a maximum penalty of $82,500 per
violation, codified at 16 U.S.C. 620d(c)(2)(A)(i).
(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 of 1990 (16 U.S.C. 620 et seq.) or the regulations
that implement such Act regardless of whether such violation caused the
export of unprocessed timber originating from Federal lands, has a
maximum penalty of $55,000 per violation, codified at 16 U.S.C.
620d(c)(2)(A)(ii).
(iv) Civil penalty for a willful violation of the Forest Resources
Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620 et seq.) or
the regulations that implement such Act regardless of whether such
violation caused the export of unprocessed timber originating from
Federal lands, has a maximum penalty of $550,000 per violation,
codified at 16 U.S.C. 620d(c)(2)(A)(iii).
(v) Civil penalty for a violation involving protections of caves,
codified at 16 U.S.C. 4307(a)(2), has a maximum of $11,000.
(6) Grain Inspection, Packers and Stockyards Administration--(i)
Civil penalty for a packer violation, codified at 7 U.S.C. 193(b), has
a maximum of $11,000.
(ii) Civil penalty for livestock market agency, dealer, failure to
register, codified at 7 U.S.C. 203, has a maximum of $550 and not more
than $27.50 for each day the violation continues.
(iii) Civil penalty for a violation of stockyard rate, regulation
or practice, codified at 7 U.S.C. 207(g), has a maximum civil penalty
of $550 and not more than $27.50 for each day the violation continues.
(iv) Civil penalty for a stockyard owner, livestock market agency
and dealer violations, codified at 7 U.S.C. 213(b), has a maximum of
$11,000.
[[Page 40928]]
(v) Civil penalty for a stockyard owner, livestock market agency
and dealer compliance order violations, codified at 7 U.S.C. 215(a),
has a maximum of $550.
(vi) Civil penalty for a failure to file required reports, codified
at 15 U.S.C. 50, has a maximum of $110.
(vii) Civil penalty for live poultry dealer violations, codified at
7 U.S.C. 228b-2(b), has a maximum of $22,000.
(viii) Civil penalty for a violation, codified at 7 U.S.C. 86(c),
has a maximum civil penalty of $82,500.
(7) Federal Crop Insurance Corporation--Civil penalty for any
person who willfully and intentionally provides materially false or
inaccurate information to the Federal Crop Insurance Corporation or an
approved insurance provider reinsured by the Federal Crop Insurance
Corporation, codified at 7 U.S.C. 1506(n)(1)(A), has a maximum civil
penalty of $10,000.
(8) All USDA Agencies--Civil penalty for work hours and safety
violations, codified at 40 U.S.C. 328, has a maximum of $11 per day of
violation.
PART 278--PARTICIPATION OF RETAIL FOOD STORES, WHOLESALE FOOD
CONCERNS, AND INSURED FINANCIAL INSTITUTIONS
1. The authority citation for part 278 continues to read as
follows:
Authority: 7 U.S.C. 2011-2032.
Sec. 278.6 [Amended]
2. 7 CFR 278.6(a) is amended by--(a) striking ``$10,000'' and
inserting ``an amount specified in Sec. 3.91(b)(3)(A) of this title'';
and (b) striking ``$20,000'' and inserting ``amount specified in Sec.
3.91(b)(3)(B) of this title''.
PART 400--FEDERAL CROP INSURANCE CORPORATION, GENERAL
ADMINISTRATIVE REGULATIONS
1. The authority citation for part 400 continues to read as
follows:
Authority: 7 U.S.C. 1506(l).
Sec. 400.454 [Amended]
2. 7 CFR 400.454(a) introductory text is amended by striking
``$10,000'' and inserting ``an amount specified in Sec. 3.91(b)(7) of
this title''.
Dan Glickman,
Secretary of Agriculture.
[FR Doc. 97-19967 Filed 7-30-97; 8:45 am]
BILLING CODE 3410-01-P
