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.

Rules and Regulations Federal Register

8395 

Vol. 87, No. 31 

Tuesday, February 15, 2022 

DEPARTMENT OF AGRICULTURE 

Office of the Secretary 

7 CFR Part 3 

[Docket No. USDA–2022–0003] 

RIN 0503–AA76 

Civil Monetary Penalty Inflation 

Adjustments for 2022 

AGENCY: Office of the Secretary, USDA. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

U.S. Department of Agriculture’s civil 

monetary penalty regulations by making 

inflation adjustments as mandated by 

the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015. 

DATES: Effective February 15, 2022. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Stephen O’Neill, Office of Budget and 

Program Analysis, USDA, 1400 

Independence Avenue SW, Washington, 

DC 20250–1400, (202) 720–0038. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 2, 2015, the Federal 

Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015 (the 2015 

Act), which further amended the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990, was signed into 

law to improve the effectiveness of civil 

monetary penalties and to maintain 

their deterrent effect. The 2015 Act 

requires agencies to adjust for inflation 

annually. 

This rule amends 7 CFR part 3 to 

update the amount of civil monetary 

penalties that may be levied by U.S. 

Department of Agriculture (USDA) 

agencies to reflect inflationary 

adjustments for 2022 in accordance with 

the 2015 Act. As required by the 2015 

Act, the annual adjustment was made 

for inflation based on the Consumer 

Price Index for the month of October 

2021 and rounded to the nearest dollar 

after an initial adjustment. The civil 

monetary penalties are listed according 

to the applicable administering agency. 

II. Notice and Comment Not Required 

This rule is required by the Federal 

Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015, with no 

issue of policy discretion. Accordingly, 

pursuant to the administrative 

procedure provisions in 5 U.S.C. 553, 

we find upon good cause that prior 

notice and other public procedure with 

respect to this action are not necessary. 

We also find good cause for making this 

action effective less than 30 days after 

publication in the Federal Register. 

III. Procedural Requirements 

Executive Order 12866 

The Office of Management and Budget 

has determined that this regulatory 

action does not meet the criteria for 

significant regulatory action pursuant to 

Executive Order 12866, Regulatory 

Planning and Review. 

This rule contains inflation 

adjustments in compliance with the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015. The great majority of individuals, 

organizations, and entities participating 

in the programs affected by this 

regulation do not engage in prohibited 

activities and practices that would 

result in civil monetary penalties being 

incurred. Accordingly, we believe that 

any aggregate economic impact of this 

revised regulation will be minimal, 

affecting only the limited number of 

program participants that may engage in 

prohibited behavior in violation of the 

statutes. 

Regulatory Flexibility Act 

The provisions of the Regulatory 

Flexibility Act relating to an initial and 

final regulatory flexibility analysis (5 

U.S.C. 603, 604) are not applicable to 

this final rule because USDA was not 

required to publish notice of proposed 

rulemaking under 5 U.S.C. 553 or any 

other law. Accordingly, a regulatory 

flexibility analysis is not required. 

Paperwork Reduction Act 

This final rule imposes no new 

reporting or recordkeeping requirements 

necessitating clearance by OMB. 

List of Subjects in 7 CFR Part 3 

Administrative practice and 

procedure, Claims, Government 

employees, Income taxes, Loan 

programs—agriculture, Penalties, 

Reporting and recordkeeping 

requirements, Wages. 

Accordingly, we are amending 7 CFR 

part 3, subpart I, as follows: 

PART 3—DEBT MANAGEMENT 

■ 1. The authority citation for part 3, 

subpart I, continues to read as follows: 

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

■ 2. Section 3.91 is amended by revising 

paragraphs (a)(2) and (b) to read as 

follows: 

§ 3.91 Adjusted civil monetary penalties. 

(a) * * * 

(2) Timing. Any increase in the dollar 

amount of a civil monetary penalty 

listed in paragraph (b) of this section 

applies only to violations occurring after 

February 15, 2022. 

* * * * * 

(b) Penalties—(1) Agricultural 

Marketing Service. (i) Civil penalty for 

improper record keeping codified at 7 

U.S.C. 136i–1(d), has: A maximum of 

$1,036 in the case of the first offense, 

and a minimum of $2,012 in the case of 

subsequent offenses, except that the 

penalty will be less than $2,012 if the 

Secretary determines that the person 

made a good faith effort to comply. 

(ii) Civil penalty for a violation of the 

unfair conduct rule under the Perishable 

Agricultural Commodities Act, in lieu of 

license revocation or suspension, 

codified at 7 U.S.C. 499b(5), has a 

maximum of $5,638. 

(iii) Civil penalty for violation of the 

licensing requirements under the 

Perishable Agricultural Commodities 

Act, codified at 7 U.S.C. 499c(a), has a 

maximum of $1,800 for each such 

offense and not more than $449 for each 

day it continues, or a maximum of $449 

for each offense if the Secretary 

determines the violation was not 

willful. 

(iv) Civil penalty in lieu of license 

suspension under the Perishable 

Agricultural Commodities Act, codified 

at 7 U.S.C. 499h(e), has a maximum 

penalty of $3,599 for each violative 

transaction or each day the violation 

continues. 

(v) Civil penalty for a violation of the 

Export Apple Act, codified at 7 U.S.C. 

586, has a minimum of $163 and a 

maximum of $16,444. 


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(vi) Civil penalty for a violation of the 

Export Grape and Plum Act, codified at 

7 U.S.C. 596, has a minimum of $314 

and a maximum of $31,465. 

(vii) Civil penalty for a violation of an 

order issued by the Secretary under the 

Agricultural Adjustment Act, reenacted 

with amendments by the Agricultural 

Marketing Agreement Act of 1937, 

codified at 7 U.S.C. 608c(14)(B), has a 

maximum of $3,147. Each day the 

violation continues is a separate 

violation. 

(viii) Civil penalty for failure to file 

certain reports under the Agricultural 

Adjustment Act, reenacted by the 

Agricultural Marketing Agreement Act 

of 1937, codified at 7 U.S.C. 610(c), has 

a maximum of $314. 

(ix) Civil penalty for a violation of a 

seed program under the Federal Seed 

Act, codified at 7 U.S.C. 1596(b), has a 

minimum of $107 and a maximum of 

$2,146. 

(x) Civil penalty for failure to collect 

any assessment or fee for a violation of 

the Cotton Research and Promotion Act, 

codified at 7 U.S.C. 2112(b), has a 

maximum of $3,147. 

(xi) Civil penalty for failure to pay, 

collect, or remit any assessment or fee 

for a violation of a program under the 

Potato Research and Promotion Act, 

codified at 7 U.S.C. 2621(b)(1), has a 

minimum of $1,411 and a maximum of 

$13,009. 

(xii) Civil penalty for failure to obey 

a cease and desist order under the 

Potato Research and Promotion Act, 

codified at 7 U.S.C. 2621(b)(3), has a 

maximum of $1,411. Each day the 

violation continues is a separate 

violation. 

(xiii) Civil penalty for failure to pay, 

collect, or remit any assessment or fee 

or for a violation of a program under the 

Egg Research and Consumer Information 

Act, codified at 7 U.S.C. 2714(b)(1), has 

a minimum of $1,631 and a maximum 

of $16,308. 

(xiv) Civil penalty for failure to obey 

a cease and desist order under the Egg 

Research and Consumer Information 

Act, codified at 7 U.S.C. 2714(b)(3), has 

a maximum of $1,631. Each day the 

violation continues is a separate 

violation. 

(xv) Civil penalty for failure to remit 

any assessment or fee or for a violation 

of a program under the Beef Research 

and Information Act, codified at 7 

U.S.C. 2908(a)(2), has a maximum of 

$12,722. 

(xvi) Civil penalty for failure to remit 

any assessment or for a violation of a 

program regarding wheat and wheat 

foods research, codified at 7 U.S.C. 

3410(b), has a maximum of $3,147. 

(xvii) Civil penalty for failure to pay, 

collect, or remit any assessment or fee 

or for a violation of a program under the 

Floral Research and Consumer 

Information Act, codified at 7 U.S.C. 

4314(b)(1), has a minimum of $1,481 

and a maximum of $14,807. 

(xviii) Civil penalty for failure to obey 

a cease and desist order under the Floral 

Research and Consumer Information 

Act, codified at 7 U.S.C. 4314(b)(3), has 

a maximum of $1,481. Each day the 

violation continues is a separate 

violation. 

(xix) Civil penalty for violation of an 

order under the Dairy Promotion 

Program, codified at 7 U.S.C. 4510(b), 

has a maximum of $2,737. 

(xx) Civil penalty for pay, collect, or 

remit any assessment or fee or for a 

violation of the Honey Research, 

Promotion, and Consumer Information 

Act, codified at 7 U.S.C. 4610(b)(1), has 

a minimum of $822 and a maximum of 

$8,433. 

(xxi) Civil penalty for failure to obey 

a cease and desist order under the 

Honey Research, Promotion, and 

Consumer Information Act, codified at 7 

U.S.C. 4610(b)(3), has a maximum of 

$843. Each day the violation continues 

is a separate violation. 

(xxii) Civil penalty for a violation of 

a program under the Pork Promotion, 

Research, and Consumer Information 

Act of 1985, codified at 7 U.S.C. 

4815(b)(1)(A)(i), has a maximum of 

$2,545. 

(xxiii) Civil penalty for failure to obey 

a cease and desist order under the Pork 

Promotion, Research, and Consumer 

Information Act of 1985, codified at 7 

U.S.C. 4815(b)(3)(A), has a maximum of 

$1,273. Each day the violation continues 

is a separate violation. 

(xxiv) Civil penalty for failure to pay, 

collect, or remit any assessment or fee 

or for a violation of a program under the 

Watermelon Research and Promotion 

Act, codified at 7 U.S.C. 4910(b)(1), has 

a minimum of $1,273 and a maximum 

of $12,722. 

(xxv) Civil penalty for failure to obey 

a cease and desist order under the 

Watermelon Research and Promotion 

Act, codified at 7 U.S.C. 4910(b)(3), has 

a maximum of $1,273. Each day the 

violation continues is a separate 

violation. 

(xxvi) Civil penalty for failure to pay, 

collect, or remit any assessment or fee 

or for a violation of a program under the 

Pecan Promotion and Research Act of 

1990, codified at 7 U.S.C. 6009(c)(1), has 

a minimum of $2,072 and a maximum 

of $20,709. 

(xxvii) Civil penalty for failure to obey 

a cease and desist order under the Pecan 

Promotion and Research Act of 1990, 

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

maximum of $2,070. 

(xxviii) Civil penalty for failure to 

pay, collect, or remit any assessment or 

fee or for a violation of a program under 

the Mushroom Promotion, Research, 

and Consumer Information Act of 1990, 

codified at 7 U.S.C. 6107(c)(1), has a 

minimum of $1,007 and a maximum of 

$10,066. 

(xxix) Civil penalty for failure to obey 

a cease and desist order under the 

Mushroom Promotion, Research, and 

Consumer Information Act of 1990, 

codified at 7 U.S.C. 6107(e), has a 

maximum of $1,007. Each day the 

violation continues is a separate 

violation. 

(xxx) Civil penalty for failure to pay, 

collect, or remit any assessment or fee 

or for a violation of the Lime Research, 

Promotion, and Consumer Information 

Act of 1990, codified at 7 U.S.C. 

6207(c)(1), has a minimum of $1,007 

and a maximum of $10,066. 

(xxxi) Civil penalty for failure to obey 

a cease and desist order under the Lime 

Research, Promotion, and Consumer 

Information Act of 1990, codified at 7 

U.S.C. 6207(e), has a maximum of 

$1,007. Each day the violation continues 

is a separate violation. 

(xxxii) Civil penalty for failure to pay, 

collect, or remit any assessment or fee 

or for a violation of a program under the 

Soybean Promotion, Research, and 

Consumer Information Act, codified a 7 

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

$2,072. 

(xxxiii) Civil penalty for failure to 

obey a cease and desist order under the 

Soybean Promotion, Research, and 

Consumer Information Act, codified at 7 

U.S.C. 6307(e), has a maximum of 

$10,310. Each day the violation 

continues is a separate violation. 

(xxxiv) Civil penalty for failure to pay, 

collect, or remit any assessment or fee 

or for a violation of a program under the 

Fluid Milk Promotion Act of 1990, 

codified at 7 U.S.C. 6411(c)(1)(A), has a 

minimum of $1,007 and a maximum of 

$10,066, or in the case of a violation that 

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

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

$19,781 and a maximum of $201,301. 

(xxxv) Civil penalty for failure to obey 

a cease and desist order under the Fluid 

Milk Promotion Act of 1990, codified at 

7 U.S.C. 6411(e), has a maximum of 

$10,360. Each day the violation 

continues is a separate violation. 

(xxxvi) Civil penalty for knowingly 

labeling or selling a product as organic 

except in accordance with the Organic 

Foods Production Act of 1990, codified 

at 7 U.S.C. 6519(c), has a maximum of 

$20,130. 


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(xxxvii) Civil penalty for failure to 

pay, collect, or remit any assessment or 

fee or for a violation of a program under 

the Fresh Cut Flowers and Fresh Cut 

Greens Promotion and Information Act 

of 1993, codified at 7 U.S.C. 

6808(c)(1)(A)(i), has a minimum of $949 

and a maximum of $9,491. 

(xxxviii) Civil penalty for failure to 

obey a cease and desist order under the 

Fresh Cut Flowers and Fresh Cut Greens 

Promotion and Information Act of 1993, 

codified at 7 U.S.C. 6808(e)(1), has a 

maximum of $9,491. Each day the 

violation continues is a separate 

violation. 

(xxxix) Civil penalty for a violation of 

a program under the Sheep Promotion, 

Research, and Information Act of 1994, 

codified at 7 U.S.C. 7107(c)(1)(A), has a 

maximum of $1,850. 

(xl) Civil penalty for failure to obey a 

cease and desist order under the Sheep 

Promotion, Research, and Information 

Act of 1994, codified at 7 U.S.C. 7107(e), 

has a maximum of $924. Each day the 

violation continues is a separate 

violation. 

(xli) Civil penalty for a violation of an 

order or regulation issued under the 

Commodity Promotion, Research, and 

Information Act of 1996, codified at 7 

U.S.C. 7419(c)(1), has a minimum of 

$1,746 and a maximum of $17,472 for 

each violation. 

(xlii) Civil penalty for failure to obey 

a cease and desist order under the 

Commodity Promotion, Research, and 

Information Act of 1996, codified at 7 

U.S.C. 7419(e), has a minimum of 

$1,746 and a maximum of $17,472. Each 

day the violation continues is a separate 

violation. 

(xliii) Civil penalty for a violation of 

an order or regulation issued under the 

Canola and Rapeseed Research, 

Promotion, and Consumer Information 

Act, codified at 7 U.S.C. 7448(c)(1)(A)(i), 

has a maximum of $1,746 for each 

violation. 

(xliv) Civil penalty for failure to obey 

a cease and desist order under the 

Canola and Rapeseed Research, 

Promotion, and Consumer Information 

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

maximum of $8,736. Each day the 

violation continues is a separate 

violation. 

(xlv) Civil penalty for violation of an 

order or regulation issued under the 

National Kiwifruit Research, Promotion, 

and Consumer Information Act, codified 

at 7 U.S.C. 7468(c)(1), has a minimum 

of $874 and a maximum of $8,736 for 

each violation. 

(xlvi) Civil penalty for failure to obey 

a cease and desist order under the 

National Kiwifruit Research, Promotion, 

and Consumer Information Act, codified 

at 7 U.S.C. 7468(e), has a maximum of 

$874. Each day the violation continues 

is a separate violation. 

(xlvii) Civil penalty for a violation of 

an order or regulation under the 

Popcorn Promotion, Research, and 

Consumer Information Act, codified at 7 

U.S.C. 7487(a), has a maximum of 

$1,746 for each violation. 

(xlviii) Civil penalty for certain 

violations under the Egg Products 

Inspection Act, codified at 21 U.S.C. 

1041(c)(1)(A), has a maximum of 

$10,066 for each violation. 

(xlix) Civil penalty for violation of an 

order or regulation issued under the 

Hass Avocado Promotion, Research, and 

Information Act of 2000, codified at 7 

U.S.C. 7807(c)(1)(A)(i), has a minimum 

of $1,588 and a maximum of $15,880 for 

each violation. 

(l) Civil penalty for failure to obey a 

cease and desist order under the Hass 

Avocado Promotion, Research, and 

Information Act of 2000, codified at 7 

U.S.C. 7807(e)(1), has a maximum of 

$15,896 for each offense. Each day the 

violation continues is a separate 

violation. 

(li) Civil penalty for violation of 

certain provisions of the Livestock 

Mandatory Reporting Act of 1999, 

codified a 7 U.S.C. 1636b(a)(1), has a 

maximum of $16,444 for each violation. 

(lii) Civil penalty for failure to obey a 

cease and desist order under the 

Livestock Mandatory Reporting Act of 

1999, codified a 7 U.S.C. 1636b(g)(3), 

has a maximum of $16,444 for each 

violation. Each day the violation 

continues is a separate violation. 

(liii) Civil penalty for failure to obey 

an order of the Secretary issued 

pursuant to the Dairy Product 

Mandatory Reporting program, codified 

at 7 U.S.C. 1637b(c)(4)(D)(iii), has a 

maximum of $15,896 for each offense. 

(liv) Civil penalty for a willful 

violation of the Country of Origin 

Labeling program by a retailer or person 

engaged in the business of supplying a 

covered commodity to a retailer, 

codified at 7 U.S.C. 1638b(b)(2), has a 

maximum of $1,277 for each violation. 

(lv) Civil penalty for violations of the 

Dairy Research Program, codified at 7 

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

maximum of $2,737 for each violation. 

(lvi) Civil penalty for a packer or 

swine contractor violation, codified at 7 

U.S.C. 193(b), has a maximum of 

$31,459. 

(lvii) Civil penalty for a livestock 

market agency or dealer failure to 

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

maximum of $2,145 and not more than 

$107 for each day the violation 

continues. 

(lviii) Civil penalty for operating 

without filing, or in violation of, a 

stockyard rate schedule, or of a 

regulation or order of the Secretary 

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

207(g), has a maximum of $2,146 and 

not more than $107 for each day the 

violation continues. 

(lix) Civil penalty for a stockyard 

owner, livestock market agency, or 

dealer, who engages in or uses any 

unfair, unjustly discriminatory, or 

deceptive practice or device in 

connection with determining whether 

persons should be authorized to operate 

at the stockyards, or with receiving, 

marketing, buying, or selling on a 

commission basis or otherwise, feeding, 

watering, holding, delivery, shipment, 

weighing, or handling of livestock, 

codified at 7 U.S.C. 213(b), has a 

maximum of $31,459. 

(lx) Civil penalty for a stockyard 

owner, livestock market agency, or 

dealer, who knowingly fails to obey any 

order made under the provisions of 7 

U.S.C. 211, 212, or 213, codified at 7 

U.S.C. 215(a), has a maximum of $2,146. 

(lxi) Civil penalty for live poultry 

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

228b–2(b), has a maximum of $91,517. 

(lxii) Civil penalty for a violation, 

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

maximum of $307,438. 

(lxiii) Civil penalty for failure to 

comply with certain provisions of the 

U.S. Warehouse Act, codified at 7 U.S.C. 

254, has a maximum of $39,740 per 

violation if an agricultural product is 

not involved in the violation. 

(2) Animal and Plant Health 

Inspection Service. (i) Civil penalty for 

a violation of the imported seed 

provisions of the Federal Seed Act, 

codified at 7 U.S.C. 1596(b), has a 

minimum of $107 and a maximum of 

$2,146. 

(ii) Civil penalty for a violation of the 

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

2149(b), has a maximum of $12,771, and 

knowing failure to obey a cease and 

desist order has a civil penalty of 

$1,915. 

(iii) Civil penalty for any person that 

causes harm to, or interferes with, an 

animal used for the purposes of official 

inspection by USDA, codified at 7 

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

$15,896. 

(iv) Civil penalty for a violation of the 

Swine Health Protection Act, codified at 

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

$31,948. 

(v) Civil penalty for any person that 

violates the Plant Protection Act (PPA), 

or that forges, counterfeits, or, without 

authority from the Secretary, uses, 

alters, defaces, or destroys any 

certificate, permit, or other document 


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provided for in the PPA, codified a 7 

U.S.C. 7734(b)(1), has a maximum of the 

greater of: $79,480 in the case of any 

individual (except that the civil penalty 

may not exceed $1,589 in the case of an 

initial violation of the PPA by an 

individual moving regulated articles not 

for monetary gain), $397,397 in the case 

of any other person for each violation, 

$638,556 for all violations adjudicated 

in a single proceeding if the violations 

do not include a willful violation, and 

$1,277,111 for all violations adjudicated 

in a single proceeding if the violations 

include a willful violation; or twice the 

gross gain or gross loss for any violation, 

forgery, counterfeiting, unauthorized us, 

defacing, or destruction of a certificate, 

permit, or other document provided for 

in the PPA that results in the person 

deriving pecuniary gain or causing 

pecuniary loss to another. 

(vi) Civil penalty for any person 

(except as provided in 7 U.S.C. 8309(d)) 

that violates the Animal Health 

Protection Act (AHPA), or that forges, 

counterfeits, or, without authority from 

the Secretary, uses, alters, defaces, or 

destroys any certificate, permit, or other 

document provided under the AHPA, 

codified at 7 U.S.C. 8313(b)(1), has a 

maximum of the greater of: $76,279 in 

the case of any individual, except that 

the civil penalty may not exceed $1,526 

in the case of an initial violation of the 

AHPA by an individual moving 

regulated articles not for monetary gain, 

$381,394 in the case of any other person 

for each violation, $638,556 for all 

violations adjudicated in a single 

proceeding if the violations do not 

include a willful violation, and 

$1,277,111 for all violations adjudicated 

in a single proceeding if the violations 

include a willful violation; or twice the 

gross gain or gross loss for any violation, 

forgery, counterfeiting, unauthorized 

use, defacing, or destruction of a 

certificate, permit, or other document 

provided under the AHPA that results 

in the person’s deriving pecuniary gain 

or causing pecuniary loss to another 

person. 

(vii) Civil penalty for any person that 

violates certain regulations under the 

Agricultural Bioterrorism Protection Act 

of 2002 regarding transfers of listed 

agents and toxins or possession and use 

of listed agents and toxins, codified at 

7 U.S.C. 8401(i)(1), has a maximum of 

$381,394 in the case of an individual 

and $762,791 in the case of any other 

person. 

(viii) Civil penalty for violation of the 

Horse Protection Act, codified at 15 

U.S.C. 1825(b)(1), has a maximum of 

$6,294. 

(ix) Civil penalty for failure to obey 

Horse Protection Act disqualification, 

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

maximum of $12,299. 

(x) Civil penalty for knowingly 

violating, or, if in the business as an 

importer or exporter, violating, with 

respect to terrestrial plants, any 

provision of the Endangered Species Act 

of 1973, any permit or certificate issued 

thereunder, or any regulation issued 

pursuant to section 9(a)(1)(A) through 

(F), (a)(2)(A) through (D), (c), (d) (other 

than regulations relating to record 

keeping or filing reports), (f), or (g), as 

specified at 16 U.S.C. 1540(a)(1), has a 

maximum of $57,528 for each violation. 

(xi) Civil penalty for knowingly 

violating, or, if in the business as an 

importer or exporter, violating, with 

respect to terrestrial plants, any other 

regulation under the Endangered 

Species Act of 1973, as specified at 16 

U.S.C. 1540(a)(1), has a maximum of 

$27,549 for each violation. 

(xii) Civil penalty for violating, with 

respect to terrestrial plants, the 

Endangered Species Act of 1973, or any 

regulation, permit, or certificate issued 

thereunder, as specified at 16 U.S.C. 

1540(a)(1), has a maximum of $1,452 for 

each violation. 

(xiii) Civil penalty for knowingly and 

willfully violating 49 U.S.C. 80502 with 

respect to the transportation of animals 

by any rail carrier, express carrier, or 

common carrier (except by air or water), 

a receiver, trustee, or lessee of one of 

those carriers, or an owner or master of 

a vessel, codified at 49 U.S.C. 80502(d), 

has a minimum of $181 and a maximum 

of $924. 

(xiv) Civil penalty for a violation of 

the Commercial Transportation of 

Equine for Slaughter Act, 7 U.S.C. 1901 

note, and its implementing regulations 

in 9 CFR part 88, as specified in 9 CFR 

88.6, has a maximum of $5,468. Each 

horse transported in violation of 9 CFR 

part 88 is a separate violation. 

(xv) Civil penalty for knowingly 

violating section 3(d) or 3(f) of the Lacey 

Act Amendments of 1981, or for 

violating any other provision provided 

that, in the exercise of due care, the 

violator should have known that the 

plant was taken, possessed, transported, 

or sold in violation of any underlying 

law, treaty, or regulation, has a 

maximum of $28,606 for each violation, 

as specified in 16 U.S.C. 3373(a)(1) (but 

if the plant has a market value of less 

than $382, and involves only the 

transportation, acquisition, or receipt of 

a plant taken or possessed in violation 

of any law, treaty, or regulation of the 

United States, any Indian tribal law, any 

foreign law, or any law or regulation of 

any State, the penalty will not exceed 

the maximum provided for violation of 

said law, treaty, or regulation, or 

$28,606, whichever is less). 

(xvi) Civil penalty for violating 

section 3(f) of the Lacey Act 

Amendments of 1981, as specified in 16 

U.S.C. 3373(a)(2), has a maximum of 

$715. 

(3) Food and Nutrition Service. (i) 

Civil penalty for violating a provision of 

the Food and Nutrition Act of 2008 

(Act), or a regulation under the Act, by 

a retail food store or wholesale food 

concern, codified at 7 U.S.C. 2021(a) 

and (c), has a maximum of $127,712 for 

each violation. 

(ii) Civil penalty for trafficking in food 

coupons, codified at 7 U.S.C. 

2021(b)(3)(B), has a maximum of 

$46,021 for each violation, except that 

the maximum penalty for violations 

occurring during a single investigation 

is $82,871. 

(iii) Civil penalty for the sale of 

firearms, ammunitions, explosives, or 

controlled substances for coupons, 

codified at 7 U.S.C. 2021(b)(3)(C), has a 

maximum of $41,436 for each violation, 

except that the maximum penalty for 

violations occurring during a single 

investigation is $82,871. 

(iv) Civil penalty for any entity that 

submits a bid to supply infant formula 

to carry out the Special Supplemental 

Nutrition Program for Women, Infants 

and Children and discloses the amount 

of the bid, rebate, or discount practices 

in advance of the bid opening or for any 

entity that makes a statement prior to 

the opening of bids for the purpose of 

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

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

$195,054,878. 

(v) Civil penalty for a vendor 

convicted of trafficking in food 

instruments, codified at 42 U.S.C. 

1786(o)(1)(A) and 42 U.S.C. 

1786(o)(4)(B), has a maximum of 

$16,865 for each violation, except that 

the maximum penalty for violations 

occurring during a single investigation 

is $67,461. 

(vi) Civil penalty for a vendor 

convicted of selling firearms, 

ammunition, explosive, or controlled 

substances in exchange for food 

instruments, codified at 42 U.S.C. 

1786(o)(1)(B) and 42 U.S.C. 

1786(o)(4)(B), has a maximum of 

$16,451 for each violation, except that 

the maximum penalty for violations 

occurring during a single investigation 

is $67,461. 

(4) Food Safety and Inspection 

Service. (i) Civil penalty for certain 

violations under the Egg Products 

Inspection Act, codified at 21 U.S.C. 

1041(c)(1)(A), has a maximum of 

$10,066 for each violation. 

(ii) [Reserved] 


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Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 8399 

(5) Forest Service. (i) Civil penalty for 

willful disregard of the prohibition 

against the export of unprocessed timber 

originating from Federal lands, codified 

at 16 U.S.C. 620d(c)(1)(A), has a 

maximum of $1,035,909 per violation or 

three times the gross value of the 

unprocessed timber, whichever is 

greater. 

(ii) Civil penalty for a violation in 

disregard of the Forest Resources 

Conservation and Shortage Relief Act or 

the regulations that implement such Act 

regardless of whether such violation 

caused the export of unprocessed timber 

originating from Federal lands, codified 

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

maximum of $155,387 per violation. 

(iii) Civil penalty for a person that 

should have known that an action was 

a violation of the Forest Resources 

Conservation and Shortage Relief Act or 

the regulations that implement such Act 

regardless of whether such violation 

caused the export of unprocessed timber 

originating from Federal lands, codified 

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

maximum of $103,591 per violation. 

(iv) Civil penalty for a willful 

violation of the Forest Resources 

Conservation and Shortage Relief Act or 

the regulations that implement such Act 

regardless of whether such violation 

caused the export of unprocessed timber 

originating from Federal lands, codified 

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

maximum of $1,035,909. 

(v) Civil penalty for a violation 

involving protections of caves, codified 

at 16 U.S.C. 4307(a)(2), has a maximum 

of $22,640. 

(6) [Reserved] 

(7) Federal Crop Insurance 

Corporation. (i) Civil penalty for any 

person who willfully and intentionally 

provides any false or inaccurate 

information to the Federal Crop 

Insurance Corporation or to an approved 

insurance provider with respect to any 

insurance plan or policy that is offered 

under the authority of the Federal Crop 

Insurance Act, or who fails to comply 

with a requirement of the Federal Crop 

Insurance Corporation, codified in 7 

U.S.C. 1515(h)(3)(A), has a maximum of 

the greater of: The amount of the 

pecuniary gain obtained as a result of 

the false or inaccurate information or 

the noncompliance; or $13,437. 

(ii) [Reserved] 

(8) Rural Housing Service. (i) Civil 

penalty for a violation of section 536 of 

Title V of the Housing Act of 1949, 

codified in 42 U.S.C. 1490p(e)(2), has a 

maximum of $220,212 in the case of an 

individual, and a maximum of 

$2,202,123 in the case of an applicant 

other than an individual. 

(ii) Civil penalty for equity skimming 

under section 543(a) of the Housing Act 

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

1490s(a)(2), has a maximum of $39,740. 

(iii) Civil penalty under section 543b 

of the Housing Act of 1949 for a 

violation of regulations or agreements 

made in accordance with Title V of the 

Housing Act of 1949, by submitting false 

information, submitting false 

certifications, failing to timely submit 

information, failing to maintain real 

property in good repair and condition, 

failing to provide acceptable 

management for a project, or failing to 

comply with applicable civil rights laws 

and regulations, codified in 42 U.S.C. 

1490s(b)(3)(A), has a maximum of the 

greater of: Twice the damages USDA, 

guaranteed lender, or project that is 

secured for a loan under Title V suffered 

or would have suffered as a result of the 

violation; or $79,480 per violation. 

(9) [Reserved] 

(10) Commodity Credit Corporation. 

(i) Civil penalty for willful failure or 

refusal to furnish information, or willful 

furnishing of false information under of 

section 156 of the Federal Agricultural 

Improvement and Reform Act of 1996, 

codified at 7 U.S.C. 7272(g)(5), has a 

maximum of $17,472 for each violation. 

(ii) Civil penalty for willful failure or 

refusal to furnish information or willful 

furnishing of false data by a processor, 

refiner, or importer of sugar, syrup and 

molasses under section 156 of the 

Federal Agriculture Improvement and 

Reform Act of 1996, codified at 7 U.S.C. 

7272(g)(5), has a maximum of $17,472 

for each violation. 

(iii) Civil penalty for filing a false 

acreage report that exceeds tolerance 

under section 156 of the Federal 

Agriculture Improvement and Reform 

Act of 1996, codified at 7 U.S.C. 

7272(g)(5), has a maximum of $17,472 

for each violation. 

(iv) Civil penalty for knowingly 

violating any regulation of the Secretary 

of the Commodity Credit Corporation 

pertaining to flexible marketing 

allotments for sugar under section 

359h(b) of the Agricultural Adjustment 

Act of 1938, codified at 7 U.S.C. 

1359hh(b), has a maximum of $12,771 

for each violation. 

(v) Civil penalty for knowing violation 

of regulations promulgated by the 

Secretary pertaining to cotton insect 

eradication under section 104(d) of the 

Agricultural Act of 1949, codified at 7 

U.S.C. 1444a(d), has a maximum of 

$15,733 for each offense. 

(11) Office of the Secretary. (i) Civil 

penalty for making, presenting, 

submitting or causing to be made, 

presented or submitted, a false, 

fictitious, or fraudulent claim as defined 

under the Program Fraud Civil 

Remedies Act of 1986, codified at 31 

U.S.C. 3802(a)(1), has a maximum of 

$12,538. 

(ii) Civil penalty for making, 

presenting, submitting or causing to be 

made, presented or submitted, a false, 

fictitious, or fraudulent written 

statement as defined under the Program 

Fraud Civil Remedies Act of 1986, 

codified at 31 U.S.C. 3802(a)(2), has a 

maximum of $12,538. 

John Rapp, 

Director, Office of Budget and Program 

Analysis. 

[FR Doc. 2022–03163 Filed 2–14–22; 8:45 am] 

BILLING CODE 3410–90–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 946 

[Doc. No. AMS–SC–20–0095; SC21–946–1 

FR] 

Irish Potatoes Grown in Washington; 

Termination of Marketing Order 946 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule; termination of order. 

SUMMARY: This final rule terminates the 

Federal marketing order regulating the 

handling of Irish potatoes grown in 

Washington, and the rules and 

regulations issued thereunder. The 

marketing order is administered locally 

by the State of Washington Potato 

Committee (Committee), which 

unanimously recommended its 

termination at a meeting held on June 

11, 2020. This recommendation is based 

on the Committee’s determination that 

the marketing order is no longer an 

effective marketing tool for the 

Washington potato industry and that 

termination best serves the current 

needs of the industry by eliminating the 

costs associated with its operation. 

DATES: Effective March 2, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Gregory A. Breasher, Marketing 

Specialist, or Gary Olson, Regional 

Director, Market Development Division, 

Specialty Crops Program, AMS, USDA; 

Telephone: (503) 326–2054 or Email: 

Gregory.Breasher@usda.gov or 

GaryD.Olson@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Richard Lower, 

Market Development Division, Specialty 

Crops Program, AMS, USDA, 1400 

Independence Avenue SW, STOP 0237, 

Washington, DC 20250–0237; 


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