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Rules and Regulations
Federal Register Vol. 86, No. 88
Monday, May 10, 2021

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.

DEPARTMENT OF AGRICULTURE
Office of the Secretary 7 CFR Part 3
Docket No. USDA20200011
RIN 0503AA72

Office of the Secretary, USDA.
Final rule.

AGENCY:

This final rule amends the U.S. Department of Agricultures civil monetary penalty regulations by making inflation adjustments as mandated by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.
DATES: Effective May 10, 2021.
FOR FURTHER INFORMATION CONTACT: Mr.
Stephen ONeill, Office of Budget and Program Analysis, USDA, 1400
Independence Avenue SW, Washington, DC 202501400, 202 7200038.
SUPPLEMENTARY INFORMATION:

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SUMMARY:

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 2021 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 2020 and rounded to the nearest dollar
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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
Civil Monetary Penalty Inflation Adjustments for 2021
ACTION:

after an initial adjustment. The civil monetary penalties are listed according to the applicable administering agency.

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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
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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 3DEBT 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 a2 and b to read as follows:

3.91

Adjusted civil monetary penalties.

a
2 Timing. Any increase in the dollar amount of a civil monetary penalty listed in paragraph b of this section applies only to violations occurring after May 10, 2021.

b Penalties1 Agricultural Marketing Service. i Civil penalty for improper record keeping codified at 7
U.S.C. 136i1d, has: A maximum of $975 in the case of the first offense, and a minimum of $1,894 in the case of subsequent offenses, except that the penalty will be less than $1,894 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. 499b5, has a maximum of $5,308.
iii Civil penalty for violation of the licensing requirements under the Perishable Agricultural Commodities Act, codified at 7 U.S.C. 499ca, has a maximum of $1,695 for each such offense and not more than $423 for each day it continues, or a maximum of $423
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. 499he, has a maximum penalty of $3,388 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 $153 and a maximum of $15,481.

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