This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

17555 

Vol. 75, No. 66 

Wednesday, April 7, 2010 

DEPARTMENT OF AGRICULTURE 

Office of the Secretary 

7 CFR Parts 1 and 3 

Agricultural Marketing Service 

7 CFR Parts 205, 900, and 1170 

Grain Inspection, Packers and 

Stockyards Administration 

Farm Service Agency 

7 CFR Part 735 

7 CFR Part 800 

Commodity Credit Corporation 

7 CFR Part 1435 

RIN 0510–AA03 

Department of Agriculture Civil 

Monetary Penalties Adjustment 

AGENCY: Office of the Secretary, 

Agricultural Marketing Service, Grain 

Inspection, Packers and Stockyards 

Administration, Commodity Credit 

Corporation, USDA. 

ACTION: Final rule. 

SUMMARY: In accordance with the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990, as amended, 

this final rule adjusts civil monetary 

penalties imposed by agencies within 

USDA to incorporate an inflation 

adjustment. 

DATES: Effective Date: Effective May 7, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Maureen James, Esq., OGC, USDA, 

Room 2011–S, 1400 Independence 

Avenue, SW., Washington, DC 20250– 

1400, (202) 260–1615. 

SUPPLEMENTARY INFORMATION: 

I. The Federal Civil Penalties Inflation 

Adjustment Act of 1990 

The Federal Civil Penalties Inflation 

Adjustment Act of 1990 (28 U.S.C. 2461 

note, Pub. L. 101–410) (Act) requires 

Federal agencies to periodically adjust 

certain civil monetary penalties (CMPs) 

for inflation. Under the Act, a CMP is 

defined as any penalty, fine, or other 

sanction for which a Federal statute 

specifies a monetary amount, including 

a range of minimum and maximum 

amounts. Each Executive Agency is 

responsible for adjusting, pursuant to 

the Act, all CMPs within the agency’s 

jurisdiction. The Act does not apply to 

any CMP under the Internal Revenue 

Code of 1986, the Tariff Act of 1930, the 

Occupational Safety and Health Act of 

1970, or the Social Security Act. 

The Act requires each Executive 

Agency to make an initial inflation 

adjustment for all applicable CMPs not 

later than 180 days after the enactment 

of the Debt Collection Improvement Act 

of 1996 (31 U.S.C. 3701 note, section 

31001 of Pub. L. 104–134, 110 Stat. 

1321) and subsequent inflation 

adjustments at least once every 4 years 

thereafter. USDA published its initial 

round of inflation adjustments in the 

Federal Register on July 31, 1997, and 

those adjustments became effective on 

September 2, 1997 (62 FR 40924). USDA 

published its second round of inflation 

adjustments in the Federal Register on 

May 24, 2005, and those adjustments 

became effective on June 23, 2005 (70 

FR 29573). All USDA CMP adjustments 

are codified in subpart I of part 3 of title 

7 of the Code of the Federal Regulations 

(7 CFR 3.91). 

This final rule amends 7 CFR 3.91(b) 

to reflect the third round of USDA 

inflation adjustments and 7 CFR 

3.91(a)(2) to reflect the new effective 

date of this rule. This final rule also 

makes conforming amendments to other 

agency regulations that currently specify 

dollar amounts for CMPs that are being 

adjusted by this final rule. 

Method of Calculation 

Under the Act, the required inflation 

adjustment is determined by adjusting 

each applicable CMP by the ‘‘cost of 

living adjustment’’ (COLA). The COLA 

is defined in the Act as the percentage 

(if any) 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 such CMP was last set or 

adjusted pursuant to law. As required 

by the Act, USDA used the CPI for all 

urban consumers published by the U.S. 

Department of Labor. In calculating the 

COLA, USDA rounded to the nearest 

tenth. 

When USDA first adjusted its CMPs 

pursuant to the Act in 1997, USDA 

explained that ‘‘[t]he rule contained in 

this notice reflects the initial adjustment 

to the listed civil monetary penalties 

required by the Act’’ (62 FR 40924; July 

31, 1997). USDA continues to interpret 

the Act such that all listed CMPs 

undergo the required adjustment 

whenever USDA adjusts those CMPs by 

regulation pursuant to the Act and 

publishes the regulation in the Federal 

Register. In other words, the CMP is 

considered to have been adjusted even 

though the dollar amount of the penalty 

does not increase (a situation that arises 

due to application of the rounding 

formulas in section 5(a) of the Act). 

Thus, all CMPs contained in the final 

rule are being adjusted pursuant to the 

Act. USDA believes that this 

interpretation most accurately reflects 

the plain language of the statutory text. 

For all CMP adjustments in this final 

rule, USDA used the CPI for the month 

of June 2008 (218.8) as the numerator 

CPI. However, USDA used different 

denominator CPI values depending on 

the penalty being adjusted: 

1. For those CMPs that were last adjusted 

in 2005, USDA used the CPI for the month 

of June 2005 (194.5). Nearly all the CMPs 

being adjusted in this final rule fall into this 

category. 

2. For those CMPs specified in statutory 

provisions that became effective after the 

effective date of the last round of USDA CMP 

adjustments (June 23, 2005), USDA used the 

CPI for the month of June of the year in 

which those CMPs were last set in statute. 

The CMPs in this category are specified in 

the following 6 subparagraphs of 7 CFR 

3.91(b), as amended by this final rule: (1)(lv), 

(3)(i), (10)(i) parts of (2)(ii), (2)(v) and (2)(vii). 

3. For those CMPs specified in statute 

provisions that were effective prior to June 

23, 2005, but were erroneously excluded 

from the earlier rounds of USDA CMP 

adjustments, USDA used the CPI for the 

month of June of the year in which those 

CMPs were last set in statute. The CMPs in 

that category are specified in the following 9 

subparagraphs of 7 CFR 3.91(b), as amended 

by this final rule: (1)(liv), (1)(lvi), (9)(i), 

(10)(ii), (10)(iii), (10)(iv), (10)(v), (11)(i) and 

(11)(ii). 

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Limitations on Adjustment—Rounding 

The adjustment of these CMPs is 

limited by six specific rounding 

formulas set forth in section 5(a) of the 

Act. Under the Act, raw inflationary 

increases are rounded to the nearest: (1) 

Multiple of $10 in the case of penalties 

less than or equal to $100; (2) multiple 

of $100 in the case of penalties greater 

than $100 but less than or equal to 

$1,000; (3) multiple of $1,000 in the 

case of penalties greater than $1,000 but 

less than or equal to $10,000; (4) 

multiple of $5,000 in the case of 

penalties greater than $10,000 but less 

than or equal to $100,000; (5) multiple 

of $10,000 in the case of penalties 

greater than $100,000 but less than or 

equal to $200,000; and (6) multiple of 

$25,000 in the case of penalties greater 

than $200,000. 

Due to these restrictive rounding 

rules, not all CMP amounts are being 

increased in this final rule. For example, 

the CMP for a violation of the licensing 

requirements under the Perishable 

Agricultural Commodities Act has a 

maximum of $1,200. Making a 2009 cost 

of living adjustment to this penalty 

would result in a raw inflationary 

increase of $120. However, since the 

penalty is greater than $1,000 but less 

than $10,000, rounding formula #3 

applies. It requires that the $120 

increase be rounded to the nearest 

multiple of $1,000, which is zero. Thus 

the penalty amount remains unchanged. 

Determining which rounding formula 

to apply depends on the current amount 

of the CMP, not on the size of the raw 

inflationary increase. Thus, in the 

example above, the $120 raw 

inflationary increase is subject to 

rounding formula #3 because the 

amount of that CMP is $1,200. 

Limitations on Adjustment—The ‘‘10 

Percent’’ Cap on Initial Adjustments 

Adjustment of CMPs under the Act is 

limited in another important respect. 

The Act specifies that the first 

adjustment of a CMP may not exceed 10 

percent of such penalty. Again, USDA 

interprets the Act such that the required 

adjustment takes place each time USDA 

adjusts its CMPs under the Act via 

regulation published in the Federal 

Register. Therefore, all CMPs that are 

currently in 7 CFR 3.91 underwent their 

initial adjustment and were subject to 

the 10 percent cap when the first or 

second round of adjustments became 

effective, September 2, 1997 or June 23, 

2005, respectively. 

In this final rule, USDA applied the 

10 percent cap only to those CMPs 

specified in statues that became 

effective (1) after June 23, 2005; or (2) 

before June 23, 2005, but were 

erroneously excluded from the second 

round of USDA adjustments. The CMPs 

in these two categories are considered to 

have undergone their initial adjustment 

in this final rule, regardless of whether 

the CMP dollar amounts are being 

increased. 

II. Civil Monetary Penalties Affected by 

This Rule 

Several USDA agencies administer 

laws that provide for the imposition of 

CMPs being adjusted by this final rule. 

Those agencies are: (1) Agricultural 

Marketing Service; (2) Animal and Plant 

Health Inspection Service; (3) Food and 

Nutrition Service; (4) Food Safety and 

Inspection Service; (5) Forest Service; 

(6) Grain Inspection, Packers and 

Stockyards Administration; (7) Federal 

Crop Insurance Corporation; (8) Rural 

Housing Service, (9) Farm Service 

Agency, (10) Commodity Credit 

Corporation, and (11) Office of the 

Secretary. The CMPs in this final rule 

are listed according to the applicable 

administering agency. 

III. Waiver of Proposed Rulemaking 

In developing this final rule, we are 

waiving the usual notice of proposed 

rulemaking and public comment 

procedures contained in 5 U.S.C. 553. 

We have determined that, under 5 

U.S.C. 553(b)(3)(B), good cause exists for 

dispensing with the notice of proposed 

rulemaking and public comment 

procedures for this rule. Specifically the 

rulemaking comports with and is 

consistent with the statutory authority 

required by the Federal Civil Penalties 

Inflation Adjustment Act of 1990, as 

amended, with no issue of policy 

discretion. Accordingly, we have 

determined that opportunity for prior 

comment is unnecessary and contrary to 

the public interest, and are issuing this 

revised regulation as a final rule that 

will apply to all future cases. 

IV. Procedural Requirements 

Executive Order 12866 

The Office of Management and Budget 

(OMB) has reviewed this regulatory 

action in accordance with the 

provisions of Executive Order 12866, 

Regulatory Planning and Review, and 

has determined that it does not meet the 

criteria for significant regulatory action. 

As indicated above, the provisions of 

this final rulemaking contain inflation 

adjustments in compliance with the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990. The great 

majority of individuals, organizations, 

and entities affected by this regulation 

do not engage in prohibited activities 

and practices, and as a result, we 

believe that any aggregate economic 

impact of this revised regulation will be 

minimal, affecting only those limited 

few who 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 Parts 1, 3, 205, 

800, 900, 1170, and 1435 

Administrative practice and 

procedure, Debt management, Penalties. 

■ For the reasons set forth in the 

preamble, amend 7 CFR parts 1, 3, 205, 

800, 900, 1170, and 1435 to read as 

follows: 

PART 1—ADMINISTRATIVE 

REGULATIONS 

■ 1. The authority for part 1 continues 

to read as follows: 

Authority: 5 U.S.C. 301, 552; 7 U.S.C. 

3125a; 31 U.S.C. 9701; and 7 CFR 

2.28(b)(7)(viii). 

§ 1.303 [Amended] 

■ 2. Amend § 1.303(a)(1)(iv) by 

removing ‘‘$5,000’’ and adding in its 

place ‘‘the amount specified at 

§ 3.91(b)(11)(i) of this title’’. 

■ 3. Amend § 1.303(b)(1)(ii) by 

removing ‘‘$5,000’’ and adding in its 

place ‘‘the amount specified at 

§ 3.91(b)(11)(ii) of this title’’. 

PART 3—DEBT MANAGEMENT 

Subpart I—Adjusted Civil Monetary 

Penalties 

■ 4. The authority citation for subpart I 

continues to read as follows: 

Authority: 28 U.S.C. 2461 note. 

■ 5. In § 3.91, revise paragraphs (a)(2) 

and (b) to read as follows: 

§ 3.91 Adjusted civil monetary penalties. 

(a) * * * 

(2) Any increase in the dollar amount 

of a civil monetary penalty listed in 

paragraph (b) of this section shall apply 

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only to violations occurring after May 7, 

2010. 

* * * * * 

(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 $750 in the case of 

the first offense, and a minimum of 

$1,100 in the case of subsequent 

offenses, except that the penalty shall be 

less than $1,100 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 $2,200. 

(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 $1,200 for each such 

offense and not more than $350 for each 

day it continues, or a maximum of $350 

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 $2,000 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 $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 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 $1,100. 

(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 $110. 

(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 $37.50 and a maximum of 

$750. 

(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 $1,100. 

(xi) Civil penalty for failure to obey 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 $750 and a 

maximum of $11,000. 

(xii) 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 $750 and a maximum of 

$7,500. 

(xiii) 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 $750. 

(xiv) 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 $750 and a maximum of 

$7,500. 

(xv) 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 $750. 

(xvi) 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 

$7,500. 

(xvii) 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 $1,100. 

(xviii) 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 $750 and 

a maximum of $7,500. 

(xix) 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 $750. 

(xx) Civil penalty for 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 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 $750 and a maximum of 

$7,500. 

(xxii) 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 

$750. 

(xxiii) 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 

$1,100. 

(xxiv) 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 

$750. 

(xxv) 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 $750 and a maximum of 

$7,500. 

(xxvi) 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 $750. 

(xxvii) 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 a 7 U.S.C. 6009(c)(1), has 

a minimum of $1,100 and a maximum 

of $11,000. 

(xxviii) Civil penalty for failure to 

obey a cease and desist order under the 

Pecan Promotion and Research Act of 

1990, codified a 7 U.S.C. 6009(e), has a 

maximum of $1,100. 

(xxix) 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 $750 and a maximum of 

$7,500. 

(xxx) 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 $750. 

(xxxi) 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 $750 and 

a maximum of $7,500. 

(xxxii) 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 $750. 

(xxxiii) 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 

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U.S.C. 6307(c)(1)(A), has a maximum of 

$1,100. 

(xxxiv) 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 

$7,500. 

(xxxv) 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 $750 and a maximum of 

$7,500, or in the case of a violation that 

is willful, codified at 7 U.S.C. 

6411(c)(1)(B), has a minimum of 

$11,000 and a maximum of $140,000. 

(xxxvi) 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 $7,500. 

(xxxvii) 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(a), has a maximum of 

$11,000. 

(xxxviii) 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 $750 

and a maximum of $7,500. 

(xxxix) 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 $7,500. 

(xl) 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 $1,100. 

(xli) 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 $750. 

(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 

$1,200 and a maximum of $12,000 for 

each violation. 

(xliii) 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 

$1,200 and a maximum of $12,000 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)(A)(i), 

has a maximum of $1,200 for each 

violation. 

(xlv) Civil penalty for failure to obey 

a cease and desist order under the 

Canola and Rapeseed Research, 

Promotion, and Consumer Information 

Act, codified at 7 U.S.C. 7448(e), has a 

maximum of $7,000 for each day the 

violation occurs. 

(xlvi) 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 $700 and a maximum of $7,000 for 

each violation. 

(xlvii) 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 

$700 for each day the violation occurs. 

(xlviii) 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 

$1,200 for each violation. 

(xlix) 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 $7,500 

for each violation. 

(l) 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 $1,100 and a maximum of $11,000 for 

each violation. 

(li) 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 

$11,000 for each offense. 

(lii) 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 $11,000 for each violation. 

(liii) 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 $11,000 for each 

violation. 

(liv) 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 $11,000 for each offense. 

(lv) 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 $1,000 for each violation. 

(lvi) Civil penalty for violations of the 

Dairy Research Program, codified at 7 

U.S.C. 4535 & 4510(b), has a maximum 

of $1,100 for each 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 $37.50 and a 

maximum of $750. 

(ii) Civil penalty for a violation of the 

Animal Welfare Act, codified at 7 U.S.C. 

2149(b), has a maximum of $10,000, and 

knowing failure to obey a cease and 

desist order has a civil penalty of 

$1,650. 

(iii) Civil penalty for any person that 

causes harm to, or interferes with, an 

animal used for the purposes of official 

inspection by the Department, codified 

at 7 U.S.C. 2279e(a), has a maximum of 

$11,000. 

(iv) Civil penalty for a violation of the 

Swine Health Protection Act, codified at 

7 U.S.C. 3805(a), has a maximum of 

$11,000. 

(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: $60,000 in the case of any 

individual (except that the civil penalty 

may not exceed $1,100 in the case of an 

initial violation of the PPA by an 

individual moving regulated articles not 

for monetary gain), $300,000 in the case 

of any other person for each violation, 

$500,000 for all violations adjudicated 

in a single proceeding if the violations 

do not include a willful violation, and 

$1,000,000 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: $60,000 in 

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the case of any individual, except that 

the civil penalty may not exceed $1,100 

in the case of an initial violation of the 

AHPA by an individual moving 

regulated articles not for monetary gain, 

$300,000 in the case of any other person 

for each violation, $500,000 for all 

violations adjudicated in a single 

proceeding if the violations do not 

include a willful violation, and 

$1,000,000 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 

$300,000 in the case of an individual 

and $600,000 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 

$2,200. 

(ix) Civil penalty for failure to obey 

Horse Protection Act disqualification, 

codified at 15 U.S.C. 1825(c), has a 

maximum of $4,300. 

(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 

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)), as set forth at 16 U.S.C. 1540(a), has 

a maximum of $37,500. 

(xi) Civil penalty for knowingly 

violating, or, if in the business as an 

importer or exporter, violating, with 

respect to terrestrial plants, any other 

regulation under the Endangered 

Species Act of 1973, as set forth at 16 

U.S.C. 1540(a), has a maximum of 

$18,200. 

(xii) Civil penalty for violation, with 

respect to terrestrial plants, of the 

Endangered Species Act of 1973, or any 

regulation, permit, or certificate issued 

thereunder, as set forth at 16 U.S.C. 

1540(a), has a maximum of $750. 

(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 $110 and a maximum 

of $650. 

(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 

$100,000 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 

$32,000 for each violation, except that 

the maximum penalty for violations 

occurring during a single investigation 

is $59,000. 

(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 $32,000 for each violation, 

except that the maximum penalty for 

violations occurring during a single 

investigation is $59,000. 

(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 bids for the purpose of 

influencing a bid, codified at 42 U.S.C. 

1786(h)(8)(H)(i), has a maximum of 

$145,200,000. 

(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 

$11,000 for each violation, except that 

the maximum penalty for violations 

occurring during a single investigation 

is $49,000. 

(vi) Civil penalty for a vendor 

convicted of selling firearms, 

ammunition, explosives, 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 

$11,000 for each violation, except that 

the maximum penalty for violations 

occurring during a single investigation 

is $49,000. 

(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 $7,500 for each violation. 

(ii) Civil penalty for failure to timely 

file certain reports, codified at 21 U.S.C. 

467d, has a maximum of $110 per day 

for each day the report is not filed. 

(iii) Civil penalty for failure to timely 

file certain reports, codified at 21 U.S.C. 

677, has a maximum of $110 per day for 

each day the report is not filed. 

(iv) Civil penalty for failure to timely 

file certain reports, codified at 21 U.S.C. 

1051, has a maximum of $110 per day 

for each day the report is not filed. 

(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 

$750,000 per violation or three times the 

gross value of the unprocessed timber, 

whichever is greater. 

(ii) Civil penalty for a violation in 

disregard of the Forest Resources 

Conservation and Shortage Relief Act or 

the regulations that implement such Act 

regardless of whether such violation 

caused the export of unprocessed timber 

originating from Federal lands, codified 

at 16 U.S.C. 620d(c)(2)(A)(i), has a 

maximum of $107,500 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 $70,000 per violation. 

(iv) Civil penalty for a willful 

violation of the Forest Resources 

Conservation and Shortage Relief Act or 

the regulations that implement such Act 

regardless of whether such violation 

caused the export of unprocessed timber 

originating from Federal lands, codified 

at 16 U.S.C. 620d(c)(2)(A)(iii), has a 

maximum of $725,000. 

(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 or swine 

contractor violation, codified at 7 U.S.C. 

193(b), has a maximum of $11,000. 

(ii) Civil penalty for a livestock 

market agency or dealer failure to 

register, codified at 7 U.S.C. 203, has a 

maximum of $750 and not more than 

$37.50 for each day the violation 

continues. 

(iii) Civil penalty for operating 

without filing, or in violation of, a 

stockyard rate schedule, or of a 

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17560 Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Rules and Regulations 

regulation or order of the Secretary 

made thereunder, codified at 7 U.S.C. 

207(g), has a maximum of $750 and not 

more than $37.50 for each day the 

violation continues. 

(iv) Civil penalty for a stockyard 

owner, livestock market agency and 

dealer violation, codified at 7 U.S.C. 

213(b), has a maximum of $11,000. 

(v) Civil penalty for a stockyard 

owner, livestock market agency and 

dealer compliance order, codified at 7 

U.S.C. 215(a), has a maximum of $750. 

(vi) Civil penalty for 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 $32,000. 

(viii) Civil penalty for a violation, 

codified at 7 U.S.C. 86(c), has a 

maximum of $107,500. 

(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, codified at 

7 U.S.C. 1506(n)(1)(A), has a maximum 

of $11,000. 

(ii) Civil penalty for any person who 

willfully and intentionally provides any 

false or inaccurate information to the 

Federal Crop Insurance Corporation or 

to an approved insurance provider with 

respect to any insurance plan or policy 

that is offered under the authority of the 

Federal Crop Insurance Act, or who fails 

to comply with a requirement of the 

Federal Crop Insurance Corporation, 

codified at 7 U.S.C. 1515(h)(3)(A), has a 

maximum of the greater of: the amount 

of the pecuniary gain obtained as a 

result of the false or inaccurate 

information or the noncompliance; or 

$11,000. 

(8) Rural Housing Service— 

(i) Civil penalty for a violation of 

section 536 of Title V of the Housing 

Act of 1949, codified at 42 U.S.C. 

1490p(e)(2), has a maximum of $120,000 

in the case of an individual, and a 

maximum of $1,200,000 in the case of 

an applicant other than an individual. 

(ii) Civil penalty for equity skimming 

under section 543(a) of the Housing Act 

of 1949, codified at 42 U.S.C. 

1490s(a)(2), has a maximum of $32,500. 

(iii) Civil penalty under section 543b 

of the Housing Act of 1949 for a 

violation of regulations or agreements 

made in accordance with Title V of the 

Housing Act of 1949, by submitting false 

information, submitting false 

certifications, failing to timely submit 

information, failing to maintain real 

property in good repair and condition, 

failing to provide acceptable 

management for a project, or failing to 

comply with applicable civil rights 

statutes and regulations, codified at 42 

U.S.C. 1490s(b)(3)(A), has a maximum 

of the greater of: twice the damages the 

Department, guaranteed lender, or 

project that is secured for a loan under 

Title V, suffered or would have suffered 

as a result of the violation; or $60,000 

per violation. 

(9) Farm Service Agency— 

(i) 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 $27,500 per violation 

if an agricultural product is not 

involved in the violation. 

(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 $10,000 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 $10,000 

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 $10,000 

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 $5,500 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 

$5,500 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 

$5,500. 

(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 $5,500. 

PART 205—NATIONAL ORGANIC 

PROGRAM 

■ 6. The authority citation for part 205 

continues to read as follows: 

Authority: 7 U.S.C. 6501–6522. 

§ 205.662 [Amended] 

■ 7. Amend § 205.662(g)(1) by removing 

‘‘$10,000’’ and adding in its place ‘‘the 

amount specified in § 3.91(b)(1)(xxxvii) 

of this title’’. 

PART 735—REGULATIONS FOR THE 

UNITED STATES WAREHOUSE ACT 

■ 8. The authority for part 735 

continues to read as follows: 

Authority: 7 U.S.C. 241 et seq. 

§ 735.5 [Amended] 

■ 9. Amend § 735.5(a) by removing 

‘‘$25,000’’ and adding in its place ‘‘the 

amount specified in § 3.91(b)(10)(i) of 

this title’’. 

PART 800—GENERAL REGULATIONS 

■ 10. The authority for part 800 

continues to read as follows: 

Authority: 7 U.S.C. 71–87k. 

§ 800.50 [Amended] 

■ 11. Amend § 800.50(d) by removing 

‘‘$75,000’’ and adding in its place ‘‘the 

amount specified at § 3.91(b)(6)(viii) of 

this title’’. 

PART 900—GENERAL REGULATIONS 

■ 12. The authority citation for part 900 

continues to read as follows: 

Authority: 7 U.S.C. 601–674 and 7 U.S.C. 

7401. 

§ 900.211 [Amended] 

■ 13. Amend § 900.211 by removing 

‘‘$100’’ and adding in its place ‘‘the 

amount specified at § 3.91(b)(1) (viii) of 

this title’’. 

PART 1170—DAIRY PRODUCT 

MANDATORY REPORTING PROGRAM 

■ 14. The authority citation for part 

1170 continues to read as follows: 

Authority: 7 U.S.C. 1637–1637b, as 

amended by Pub. L. 106–532, 114 Stat. 2541 

and Pub. L. 107–171, 116 Stat. 207. 

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Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Rules and Regulations 17561 

§ 1170.16 [Amended] 

■ 15. Amend § 1170.16(c) by removing 

‘‘$10,000’’ and adding in its place ‘‘the 

amount specified at § 3.91(b)(1)(liv) of 

this title’’. 

PART 1435—SUGAR PROGRAM 

■ 16. The authority citation for part 

1435 continues to read as follows: 

Authority: 7 U.S.C. 1359aa–1359jj and 

7272 et seq.; 15 U.S.C. 714b and 714c. 

§ 1435.201 [Amended] 

■ 17. Amend § 1435.201(a) by removing 

‘‘$10,000’’ and adding in its place ‘‘the 

amount specified at § 3.91(b)(10)(ii) of 

this title’’. 

§ 1435.318 [Amended] 

■ 18. Amend § 1435.318(e) by removing 

‘‘$10,000’’ and adding in its place ‘‘the 

amount specified at § 3.91(b)(10)(iii) of 

this title’’. 

■ 19. Amend § 1435.318(f) by removing 

‘‘$5,000’’ and adding in its place ‘‘the 

amount specified at § 3.91(b)(10)(iv) of 

this title’’. 

Dated: January 12, 2010. 

Thomas J. Vilsack, 

Secretary, U.S. Department of Agriculture. 

Dated: January 26, 2010. 

David Shipman, 

Associate Administrator, Agricultural 

Marketing Service. 

Dated: February 19, 2010. 

J. Dudley Butler, 

Administrator, Grain Inspection, Packers and 

Stockyards Administration. 

Dated: February 19, 2010. 

Jonathan Coppess, 

Administrator, Farm Service Agency. 

[FR Doc. 2010–6560 Filed 4–6–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2010–0346; Airspace 

Docket No. 10–AWP–3] 

RIN 2120–AA66 

Amendment to Restricted Area R– 

2510A; El Centro, CA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Technical amendment. 

SUMMARY: In a final rule published in 

the Federal Register on November 9, 

1993, an error was made in the airspace 

description for Restricted Area R– 

2510A, El Centro, CA. Specifically, the 

action inadvertently omitted the 

reference to nautical miles in the 

boundaries section of the description. 

This action corrects that error. 

DATES: Effective date 0901 UTC, April 7, 

2010. 

FOR FURTHER INFORMATION CONTACT: Ken 

McElroy, Airspace and Rules Group, 

Office of System Operations Airspace 

and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

On November 9, 1993, the FAA 

published a final rule in the Federal 

Register (58 FR 27527), Airspace Docket 

No. 92–AWP–15 entitled ‘‘Alteration 

and Subdivision of Restricted Area R– 

2510A; El Centro, CA’’. That action 

inadvertently omitted the nautical miles 

reference in the description. The impact 

of this action was not apparent until 

recently, when the U.S. Navy requested 

clarification of the airspace description. 

Without reference to nautical miles, the 

description reads in statute miles. 

However, the FAA’s National 

Aeronautical Navigation Services office 

currently charts the airspace in nautical 

miles. Since this is an administrative 

change and does not affect the 

boundaries, altitudes, or operating 

requirements of the airspace, notice and 

public comment under 5 U.S.C. 553(b) 

are unnecessary. 

List of Subjects in 14 CFR Part 73 

Airspace, Prohibited areas, Restricted 

areas. 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 73 as follows: 

PART 73—SPECIAL USE AIRSPACE 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p.389. 

§ 73.25 [Amended] 

■ 2. § 73.25 is amended as follows: 

* * * * * 

R–2510A El Centro, CA 

Boundaries. Beginning at lat. 32°59′35′′ N., 

long. 115°43′33′′ W.; to lat. 32°55′35′′ N., 

long. 115°40′18′′ W.; to lat. 32°54′04′′ N., 

long. 115°40′18′′ W.; thence counterclockwise 

along a 4.3-NM mile radius circle centered at 

lat. 32°49′45′′ N., long. 115°40′18′′ W.; to lat. 

32°50′05′′ N., long. 115°45′23′′ W.; to lat. 

32°50′05′′ N., long. 115°55′03′′ W.; to lat. 

32°55′50′′ N., long. 115°55′03′′ W.; to lat. 

33°01′20′′ N., long. 116°02′18′′ W.; to lat. 

33°06′35′′ N., long. 115°56′53′′ W.; to lat. 

33°06′35′′ N., long. 115°51′15′′ W.; to the 

point of beginning. 

Designated altitudes. Surface to 15,000 feet 

MSL. 

Time of designation. 0700–2300 local time 

daily; other times by NOTAM at least 24 

hours in advance. 

Controlling agency. FAA, Los Angeles 

ARTCC. 

Using agency. Commanding Officer, U.S. 

Navy Fleet Area Control and Surveillance 

Facility, San Diego, CA. 

Issued in Washington, DC, on April 1, 

2010. 

Ellen Crum, 

Acting Manager, Airspace and Rules Group. 

[FR Doc. 2010–7802 Filed 4–6–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket Number USCG–2010–0210] 

Drawbridge Operation Regulations; 

Upper Mississippi River, Rock Island, 

IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operations of the Rock 

Island Railroad and Highway 

Drawbridge across the Upper 

Mississippi River, Mile 482.9, Rock 

Island, Illinois. The deviation is 

necessary to allow the Quad Cities Heart 

Walkers to cross the bridge. This 

deviation allows the bridge to be 

maintained in the closed-to-navigation 

position for two hours from 8:30 a.m. to 

10:30 a.m. on May 15, 2010. 

DATES: This deviation is effective from 

8:30 a.m. to 10:30 a.m. on May 15, 2010. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2010– 

0210 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–0210 in the ‘‘Keyword’’ box 

and then clicking ‘‘Search’’. They are 

also available for inspection or copying 

at the Docket Management Facility (M– 

30), U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

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