82 FR 6276 - Inspection Service Authority; Civil Monetary Penalty Inflation Adjustment
POSTAL SERVICE Federal Register Volume 82, Issue 12 (January 19, 2017)
Federal Register Volume 82, Issue 12 (January 19, 2017)
| Page Range | 6276-6277 | |
| FR Document | 2017-00204 |
[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)] [Rules and Regulations] [Pages 6276-6277] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00204] ======================================================================= ----------------------------------------------------------------------- POSTAL SERVICE 39 CFR Part 233 Inspection Service Authority; Civil Monetary Penalty Inflation Adjustment AGENCY: Postal Service. ACTION: Interim final rule. ----------------------------------------------------------------------- SUMMARY: This rule updates postal regulations to implement the annual inflation adjustments to civil monetary penalties that may be imposed under consumer protection and mailability provisions enforced by the Postal Service pursuant to the Deceptive Mail Prevention and Enforcement Act and the Postal Accountability and Enhancement Act. These adjustments are required under the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. This notice also includes the statutory civil monetary penalties subject to the 2015 Act. DATES: Effective date: January 19, 2017. FOR FURTHER INFORMATION CONTACT: Steven Sultan, (202) 268-7385. SUPPLEMENTARY INFORMATION: The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act), Public Law 114-74, 129 Stat. 584, amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (1990 Act), Public Law 101-410, 104 Stat. 890 (28 U.S.C. 2461 note), to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. Section 3 of the 1990 Act specifically includes the Postal Service in the definition of ``agency'' subject to its provisions. Beginning in 2017, the 2015 Act requires the Postal Service to make an annual adjustment for inflation to civil penalties that meet the definition of ``civil monetary penalty'' under the 1990 Act. The Postal Service must make the annual adjustment for inflation and publish the adjustment in the Federal Register by January 15. Each penalty will be adjusted as instructed by the Office of Management and Budget (OMB) based on the Consumer Price Index (CPI-U) from the most recent October. OMB has furnished detailed instructions regarding the annual adjustment for 2017 in memorandum M-17-11, Implementation of the 2017 Annual Adjustment Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (December 16, 2016), https://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf. This year, OMB has advised that an adjustment multiplier of 1.01636 will be used. The new penalty amount must be rounded to the nearest dollar. The 2015 Act allows the interim final rule and annual inflation adjustments to be published without prior public notice or opportunity for public comment. Adjustments to Postal Service Civil Monetary Penalties Civil monetary penalties may be assessed for postal offenses under sections 106 and 108 of the Deceptive Mail Prevention and Enforcement Act, Public Law 106-168, 113 Stat. 1811, 1814 (see, 39 U.S.C. 3012(a), (c)(1), (d), and 3017(g)(2), (h)(1)(A)); and section 1008 of the Postal Accountability and Enhancement Act, Public Law 109-435, 120 Stat. 3259- 3261 (see, 39 U.S.C. 3018 (c)(1)(A)). The statutory civil monetary penalties subject to the 2015 Act and the amount of each penalty the annual adjustment for inflation are as follows: 39 U.S.C. 3012(a)--False Representations and Lottery Orders Under 39 U.S.C. 3005(a)(1)-(3), the Postal Service may issue administrative orders prohibiting persons from using the mail to obtain money through false representations or lotteries. Persons who evade, attempt to evade, or fail to comply with an order to stop such prohibited practices may be liable to the United States for a civil penalty under [[Page 6277]] 39 U.S.C. 3012(a). This section currently imposes a $68,345 penalty for each mailing less than 50,000 pieces, $136,689 for each mailing of 50,000 to 100,000 pieces, and $13,669 for each additional 10,000 pieces above 100,000 not to exceed $2,733,780. The new penalties will be as follows: $69,463 for each mailing less than 50,000 pieces, $138,925 for each mailing of 50,000 to 100,000 pieces, and $13,893 for each additional 10,000 pieces above 100,000 not to exceed $2,778,505. 39 U.S.C. 3012(c)(1)--False Representation and Lottery Penalties in Lieu of or as Part of an Order In lieu of or as part of an order issued under 39 U.S.C. 3005(a)(1)-(3), the Postal Service may assess a civil penalty. Currently, the amount of this penalty, set in 39 U.S.C. 3012(c)(1), is $34,172 for each mailing that is less than 50,000 pieces, $68,345 for each mailing of 50,000 to 100,000 pieces, and an additional $6,834 for each additional 10,000 pieces above 100,000 not to exceed $1,366,890. The new penalties will be: $34,731 for each mailing that is less than 50,000 pieces, $69,463 for each mailing of 50,000 to 100,000 pieces, and an additional $6,946 for each additional 10,000 pieces above 100,000 not to exceed $1,389,252. 39 U.S.C. 3012(d)--Misleading References to the United States Government; Sweepstakes and Deceptive Mailings Persons sending certain deceptive mail matter described in 39 U.S.C. 3001((h)-(k), including:Solicitations making false claims of Federal Government connection or approval; Certain solicitations for the purchase of a product or service that may be obtained without cost from the Federal Government; Solicitations containing improperly prepared ``facsimile checks''; and Certain solicitations for ``skill contests'' and ``sweepstakes'' sent to individuals who, in accordance with 39 U.S.C. 3017(d), have requested that such materials not be mailed to them); may be liable to the United States for a civil penalty under 39 U.S.C. 3012(d). Currently, this penalty is not to exceed $13,669 for each mailing. The new penalty will be $13,893. 39 U.S.C. 3017(g)(2)--Commercial Use of Lists of Persons Electing Not To Receive Skill Contest or Sweepstakes Mailings Under 39 U.S.C. 3017(g)(2), the Postal Service may impose a civil penalty against a person who provides information for commercial use about individuals who, in accordance with 39 U.S.C. 3017(d), have elected not to receive certain sweepstakes and contest information. Currently, this civil penalty may not exceed $2,733,780 per violation. The new penalty may not exceed $2,778,505 per violation. 39 U.S.C. 3017(h)(1)(A)--Reckless Mailing of Skill Contest or Sweepstakes Matter Currently, under 39 U.S.C. 3017(h)(1)(A), any promoter who recklessly mails nonmailable skill contest or sweepstakes matter may be liable to the United States in the amount of $13,669 per violation for each mailing to an individual. The new penalty is $13,893 per violation. 39 U.S.C. 3018(c)(1)(A)--Hazardous Material Under 39 U.S.C. 3018(c)(1)(A), the Postal Service may impose a civil penalty payable into the Treasury of the United States on a person who knowingly mails nonmailable hazardous materials or fails to follow postal laws on mailing hazardous materials. Currently, this civil penalty is at least $295, but not more than $117,858 for each violation. The new penalty is at least $300, but not more than $119,786 for each violation. List of Subjects in 39 CFR Part 233 Administrative practice and procedure, Banks, Banking, Credit, Crime, Infants and children, Law enforcement, Penalties, Privacy, Seizures and forfeitures. For the reasons set out in this document, the Postal Service amends 39 CFR part 233 as follows: PART 233--INSPECTION SERVICE AUTHORITY 0 1. The authority citation for 39 CFR part 233 continues to read as follows: Authority: 39 U.S.C. 101, 102, 202, 204, 401, 402, 403, 404, 406, 410, 411, 1003, 3005, 3012, 3017, 3018; 12 U.S.C. 3401-3422; 18 U.S.C. 981, 983, 1956, 1957, 2254, 3061; 21 U.S.C. 881; Pub. L. 101- 410, 104 Stat. 890; Omnibus Budget Reconciliation Act of 1996, sec. 662 (Pub.L. 104-208, 110 Stat. 3009-378); Pub. L. 106-168, 113 Stat. 1806; Pub. L. 114-74, 129 Stat. 584. 0 2. In Sec. 233.12(a), remove ``$68,345'' and add in its place ``$69,463''; remove ``$136,689'' and add in its place ``$138,925''; remove ``$13,669'' and add in its place ``$13,893''; remove ``each piece above 100,000'' and add in its place ``each additional 10,000 pieces above 100,000''; remove ``$2,733,780'' and add in its place ``$2,778,505''. 0 3. In Sec. 233.12(b), remove ``$34,172'' and add in its place ``$34,731''; remove ``$68,345'' and add in its place ``$69,463''; remove ``$6,834'' and add in its place ``$6,946''; remove ``every'' and add in its place ``each''; remove ``$1,366,890'' and add in its place ``$1,389,252''. 0 4. In Sec. 233.12(c)(4), remove ``$13,669'' and add in its place ``13,893''. 0 5. In Sec. 233.12(d), remove ``$2,733,780'' and add in its place ``$2,778,505''. 0 6. In Sec. 233.12(e), remove ``$13,669'' and add in its place ``$13,893''. 0 7. In Sec. 233.12(f), remove ``$295'' and add in its place ``$300''; remove ``$117,858'' and add in its place ``$119,786''. Stanley F. Mires, Attorney, Federal Compliance. [FR Doc. 2017-00204 Filed 1-18-17; 8:45 am] BILLING CODE 7710-12-P
![6276 Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations
(ii) The spouse of such veteran, as limitations on the amount of such 1990 (1990 Act), Public Law 101–410,
provided in § 17.412. benefits available to such a member. 104 Stat. 890 (28 U.S.C. 2461 note), to
(2) For the purposes of this section, ‘‘a (2) VA may provide in vitro improve the effectiveness of civil
service-connected disability that results fertilization to a spouse of a veteran monetary penalties and to maintain
in the inability of the veteran to described in § 17.380 when clinically their deterrent effect. Section 3 of the
procreate without the use of fertility appropriate and consistent with the 1990 Act specifically includes the Postal
treatment’’ means, for a male veteran, a benefits relating to reproductive Service in the definition of ‘‘agency’’
service-connected injury or illness that assistance provided to a member of the subject to its provisions.
prevents the successful delivery of Armed Forces who incurs a serious Beginning in 2017, the 2015 Act
sperm to an egg; and, for a female injury or illness on active duty pursuant requires the Postal Service to make an
veteran with ovarian function and a to 10 U.S.C. 1074(c)(4)(A), as described annual adjustment for inflation to civil
patent uterine cavity, a service- in the April 3, 2012, memorandum penalties that meet the definition of
connected injury or illness that prevents issued by the Assistant Secretary of ‘‘civil monetary penalty’’ under the
the egg from being successfully Defense for Health Affairs on the subject 1990 Act. The Postal Service must make
fertilized by sperm. of ‘‘Policy for Assisted Reproductive the annual adjustment for inflation and
(3) In vitro fertilization treatment will Services for the Benefit of Seriously or publish the adjustment in the Federal
be provided under this section when Severely Ill/Injured (Category II or III) Register by January 15. Each penalty
clinically appropriate and to the same Active Duty Service Members,’’ and the will be adjusted as instructed by the
extent such treatment is provided to a guidance issued by the Department of Office of Management and Budget
member of the Armed Forces who Defense to implement such policy, (OMB) based on the Consumer Price
incurs a serious injury or illness on including any limitations on the amount Index (CPI–U) from the most recent
active duty pursuant to 10 U.S.C. of such benefits available to such a October. OMB has furnished detailed
1074(c)(4)(A), as described in the April member. instructions regarding the annual
3, 2012, memorandum issued by the (b) Authority to provide fertility adjustment for 2017 in memorandum
Assistant Secretary of Defense for counseling and treatment, including in M–17–11, Implementation of the 2017
Health Affairs on the subject of ‘‘Policy vitro fertilization under this section, Annual Adjustment Pursuant to the
for Assisted Reproductive Services for expires September 30, 2017. Federal Civil Penalties Inflation
the Benefit of Seriously or Severely Ill/ Adjustment Act Improvements Act of
[FR Doc. 2017–00280 Filed 1–18–17; 8:45 am]
Injured (Category II or III) Active Duty 2015 (December 16, 2016), https://
BILLING CODE 8320–01–P
Service Members,’’ and the guidance www.whitehouse.gov/sites/default/files/
issued by the Department of Defense to omb/memoranda/2017/m-17-11_0.pdf.
implement such policy, including any This year, OMB has advised that an
POSTAL SERVICE adjustment multiplier of 1.01636 will be
limitations on the amount of such
benefits available to such a member. used. The new penalty amount must be
39 CFR Part 233 rounded to the nearest dollar.
(b) Authority to provide in vitro
The 2015 Act allows the interim final
fertilization treatment to covered Inspection Service Authority; Civil
rule and annual inflation adjustments to
veterans under this section expires Monetary Penalty Inflation Adjustment
be published without prior public
September 30, 2017.
AGENCY: Postal Service. notice or opportunity for public
■ 4. Revise the undesignated center comment.
ACTION: Interim final rule.
heading immediately preceding § 17.410
to read as follows: Adjustments to Postal Service Civil
SUMMARY: This rule updates postal
Monetary Penalties
Hospital Care and Medical Services for regulations to implement the annual
Spouses and Families inflation adjustments to civil monetary Civil monetary penalties may be
penalties that may be imposed under assessed for postal offenses under
■ 5. Add § 17.412 to read as follows: consumer protection and mailability sections 106 and 108 of the Deceptive
provisions enforced by the Postal Mail Prevention and Enforcement Act,
§ 17.412 Fertility counseling and treatment Public Law 106–168, 113 Stat. 1811,
for certain spouses. Service pursuant to the Deceptive Mail
Prevention and Enforcement Act and 1814 (see, 39 U.S.C. 3012(a), (c)(1), (d),
(a)(1) VA may provide fertility the Postal Accountability and and 3017(g)(2), (h)(1)(A)); and section
counseling and treatment to a spouse of Enhancement Act. These adjustments 1008 of the Postal Accountability and
a veteran described in § 17.380 to the are required under the Federal Civil Enhancement Act, Public Law 109–435,
extent such services are available to a Penalties Inflation Adjustment Act of 120 Stat. 3259–3261 (see, 39 U.S.C. 3018
veteran under § 17.38, and consistent 1990, as amended by the Federal Civil (c)(1)(A)). The statutory civil monetary
with the benefits relating to Penalties Inflation Adjustment Act penalties subject to the 2015 Act and the
reproductive assistance provided to a Improvements Act of 2015. This notice amount of each penalty the annual
member of the Armed Forces who also includes the statutory civil adjustment for inflation are as follows:
incurs a serious injury or illness on monetary penalties subject to the 2015
active duty pursuant to 10 U.S.C. 39 U.S.C. 3012(a)—False
Act. Representations and Lottery Orders
1074(c)(4)(A), as described in the April
DATES: Effective date: January 19, 2017.
3, 2012, memorandum issued by the Under 39 U.S.C. 3005(a)(1)–(3), the
asabaliauskas on DSK3SPTVN1PROD with RULES
Assistant Secretary of Defense for FOR FURTHER INFORMATION CONTACT: Postal Service may issue administrative
Health Affairs on the subject of ‘‘Policy Steven Sultan, (202) 268–7385. orders prohibiting persons from using
for Assisted Reproductive Services for SUPPLEMENTARY INFORMATION: The the mail to obtain money through false
the Benefit of Seriously or Severely Ill/ Federal Civil Penalties Inflation representations or lotteries. Persons who
Injured (Category II or III) Active Duty Adjustment Act Improvements Act of evade, attempt to evade, or fail to
Service Members,’’ and the guidance 2015 (2015 Act), Public Law 114–74, comply with an order to stop such
issued by the Department of Defense to 129 Stat. 584, amended the Federal Civil prohibited practices may be liable to the
implement such policy, including any Penalties Inflation Adjustment Act of United States for a civil penalty under
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![Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations 6277
39 U.S.C. 3012(a). This section currently information for commercial use about ■ 3. In § 233.12(b), remove ‘‘$34,172’’
imposes a $68,345 penalty for each individuals who, in accordance with 39 and add in its place ‘‘$34,731’’; remove
mailing less than 50,000 pieces, U.S.C. 3017(d), have elected not to ‘‘$68,345’’ and add in its place
$136,689 for each mailing of 50,000 to receive certain sweepstakes and contest ‘‘$69,463’’; remove ‘‘$6,834’’ and add in
100,000 pieces, and $13,669 for each information. Currently, this civil its place ‘‘$6,946’’; remove ‘‘every’’ and
additional 10,000 pieces above 100,000 penalty may not exceed $2,733,780 per add in its place ‘‘each’’; remove
not to exceed $2,733,780. The new violation. The new penalty may not ‘‘$1,366,890’’ and add in its place
penalties will be as follows: $69,463 for exceed $2,778,505 per violation. ‘‘$1,389,252’’.
each mailing less than 50,000 pieces, ■ 4. In § 233.12(c)(4), remove ‘‘$13,669’’
39 U.S.C. 3017(h)(1)(A)—Reckless
$138,925 for each mailing of 50,000 to and add in its place ‘‘13,893’’.
Mailing of Skill Contest or Sweepstakes
100,000 pieces, and $13,893 for each ■ 5. In § 233.12(d), remove ‘‘$2,733,780’’
Matter
additional 10,000 pieces above 100,000 and add in its place ‘‘$2,778,505’’.
not to exceed $2,778,505. Currently, under 39 U.S.C.
3017(h)(1)(A), any promoter who ■ 6. In § 233.12(e), remove ‘‘$13,669’’
39 U.S.C. 3012(c)(1)—False recklessly mails nonmailable skill and add in its place ‘‘$13,893’’.
Representation and Lottery Penalties in contest or sweepstakes matter may be ■ 7. In § 233.12(f), remove ‘‘$295’’ and
Lieu of or as Part of an Order liable to the United States in the amount add in its place ‘‘$300’’; remove
In lieu of or as part of an order issued of $13,669 per violation for each mailing ‘‘$117,858’’ and add in its place
under 39 U.S.C. 3005(a)(1)–(3), the to an individual. The new penalty is ‘‘$119,786’’.
Postal Service may assess a civil $13,893 per violation. Stanley F. Mires,
penalty. Currently, the amount of this
penalty, set in 39 U.S.C. 3012(c)(1), is 39 U.S.C. 3018(c)(1)(A)—Hazardous Attorney, Federal Compliance.
$34,172 for each mailing that is less Material [FR Doc. 2017–00204 Filed 1–18–17; 8:45 am]
than 50,000 pieces, $68,345 for each Under 39 U.S.C. 3018(c)(1)(A), the BILLING CODE 7710–12–P
mailing of 50,000 to 100,000 pieces, and Postal Service may impose a civil
an additional $6,834 for each additional penalty payable into the Treasury of the
10,000 pieces above 100,000 not to United States on a person who ENVIRONMENTAL PROTECTION
exceed $1,366,890. The new penalties knowingly mails nonmailable hazardous AGENCY
will be: $34,731 for each mailing that is materials or fails to follow postal laws
less than 50,000 pieces, $69,463 for each on mailing hazardous materials. 40 CFR Parts 9 and 721
mailing of 50,000 to 100,000 pieces, and Currently, this civil penalty is at least [EPA–HQ–OPPT–2016–0207; FRL–9958–20]
an additional $6,946 for each additional $295, but not more than $117,858 for
10,000 pieces above 100,000 not to each violation. The new penalty is at RIN 2070–AB27
exceed $1,389,252. least $300, but not more than $119,786
for each violation. Significant New Use Rules on Certain
39 U.S.C. 3012(d)—Misleading Chemical Substances; Withdrawal
References to the United States List of Subjects in 39 CFR Part 233
Government; Sweepstakes and AGENCY: Environmental Protection
Administrative practice and Agency (EPA).
Deceptive Mailings procedure, Banks, Banking, Credit,
ACTION: Partial withdrawal of direct
Persons sending certain deceptive Crime, Infants and children, Law
final rule.
mail matter described in 39 U.S.C. enforcement, Penalties, Privacy,
3001((h)–(k), including: Seizures and forfeitures. SUMMARY: EPA is withdrawing
• Solicitations making false claims of For the reasons set out in this significant new use rules (SNURs)
Federal Government connection or document, the Postal Service amends 39 promulgated under the Toxic
approval; CFR part 233 as follows: Substances Control Act (TSCA) for two
• Certain solicitations for the chemical substances, which were the
purchase of a product or service that PART 233—INSPECTION SERVICE subject of premanufacture notices
may be obtained without cost from the AUTHORITY (PMNs). EPA published these SNURs
Federal Government; using direct final rulemaking
• Solicitations containing improperly ■ 1. The authority citation for 39 CFR
procedures, which requires EPA to take
prepared ‘‘facsimile checks’’; and part 233 continues to read as follows:
certain actions if a notice of intent to
• Certain solicitations for ‘‘skill Authority: 39 U.S.C. 101, 102, 202, 204, submit an adverse comment is received.
contests’’ and ‘‘sweepstakes’’ sent to 401, 402, 403, 404, 406, 410, 411, 1003, 3005, EPA received notices of intent to submit
individuals who, in accordance with 39 3012, 3017, 3018; 12 U.S.C. 3401–3422; 18 adverse comments regarding the SNURs
U.S.C. 3017(d), have requested that such U.S.C. 981, 983, 1956, 1957, 2254, 3061; 21
identified in this document. Therefore,
materials not be mailed to them); U.S.C. 881; Pub. L. 101–410, 104 Stat. 890;
Omnibus Budget Reconciliation Act of 1996, the Agency is withdrawing the direct
may be liable to the United States for a final rule SNURs identified in this
civil penalty under 39 U.S.C. 3012(d). sec. 662 (Pub.L. 104–208, 110 Stat. 3009–
378); Pub. L. 106–168, 113 Stat. 1806; Pub. document, as required under the direct
Currently, this penalty is not to exceed L. 114–74, 129 Stat. 584. final rulemaking procedures.
$13,669 for each mailing. The new
■ 2. In § 233.12(a), remove ‘‘$68,345’’ DATES: This document is effective
penalty will be $13,893.
asabaliauskas on DSK3SPTVN1PROD with RULES
and add in its place ‘‘$69,463’’; remove January 19, 2017.
39 U.S.C. 3017(g)(2)—Commercial Use ‘‘$136,689’’ and add in its place ADDRESSES: The docket for this action,
of Lists of Persons Electing Not To ‘‘$138,925’’; remove ‘‘$13,669’’ and add identified by docket identification (ID)
Receive Skill Contest or Sweepstakes in its place ‘‘$13,893’’; remove ‘‘each number EPA–HQ–OPPT–2016–0207, is
Mailings piece above 100,000’’ and add in its available at http://www.regulations.gov
Under 39 U.S.C. 3017(g)(2), the Postal place ‘‘each additional 10,000 pieces or at the Office of Pollution Prevention
Service may impose a civil penalty above 100,000’’; remove ‘‘$2,733,780’’ and Toxics Docket (OPPT Docket),
against a person who provides and add in its place ‘‘$2,778,505’’. Environmental Protection Agency
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Document Created: 2018-02-01 15:16:04
Document Modified: 2018-02-01 15:16:04
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Interim final rule. | |
| Dates | Effective date: January 19, 2017. | |
| Contact | Steven Sultan, (202) 268-7385. | |
| FR Citation | 82 FR 6276 | |
| CFR Associated | Administrative Practice and Procedure; Banks; Banking; Credit; Crime; Infants and Children; Law Enforcement; Penalties; Privacy and Seizures and Forfeitures |
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