Inspection Service Authority; Civil Monetary Penalty Inflation Adjustment, 42532-42534 [2016-15464]
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Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations
G. Protest Activities
Notices to Mariners, Local Notices to
Mariners, and/or Safety Marine
Information Broadcasts as appropriate of
the enforcement period for each safety
zone as well as any changes in the
planned and published dates and times
of enforcement.
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley.
List of Subjects in 33 CFR Part 165
[FR Doc. 2016–15571 Filed 6–29–16; 8:45 am]
BILLING CODE 9110–04–P
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
POSTAL SERVICE
39 CFR Part 233
Inspection Service Authority; Civil
Monetary Penalty Inflation Adjustment
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
ACTION:
1. The authority citation for part 165
continues to read as follows:
■
2. Add § 165.T08–0502 to read as
follows:
■
srobinson on DSK5SPTVN1PROD with RULES
§ 165.T08–0502 Safety Zone; Ohio River,
Mile 607.5 to Mile 608.6.
(a) Location. The following area is a
safety zone: All waters of the Ohio River
from mile 607.5 to mile 608.6.
(b) Enforcement period. This safety
zone will be enforced from 10:30 p.m.
until 11:00 p.m. on July 3, 2016.
(c) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port (COTP) Ohio Valley in the
enforcement of the safety zone.
(d) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or designated
representative via VHF–FM radio
channel 16 or phone at 1–800–253–
7465.
(3) All persons and vessels shall
comply with the instruction of the
COTP and designated on-scene
personnel.
(e) Information broadcasts. The COTP
or a designated representative will
inform the public through Broadcast
20:00 Jun 29, 2016
Jkt 238001
This rule updates postal
regulations to implement 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: August 1, 2016.
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.
The 2015 Act requires the Postal
Service to make two types of
adjustments to civil penalties that meet
the definition of ‘‘civil monetary
penalty’’ under the 1990 Act. The Office
of Management and Budget has
furnished detailed instructions
regarding these adjustments in
memorandum M–16–06,
Implementation of the Federal Civil
SUMMARY:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
VerDate Sep<11>2014
Postal Service.
Interim final rule.
AGENCY:
PO 00000
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Fmt 4700
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Penalties Inflation Adjustment Act
Improvements Act of 2016 (February 24,
2016), www.whitehouse.gov/omb/
memoranda/2016/m-16-06.
First, the Postal Service must make an
initial ‘‘catch-up’’ adjustment to each of
its qualifying civil monetary penalties
through an interim final rule by July 1,
2016. The catch-up adjustment is based
on the Consumer Price Index (CPI–U)
and is calculated for each penalty. The
amount of the adjustment is calculated
by multiplying the current published
penalty amount by an adjustment factor
provided by the Office of Management
and Budget (OMB). The adjustment
factor varies depending on the year a
penalty was last adjusted. The new
penalty amount must be rounded to the
nearest dollar.
Second, the Postal Service must make
an annual adjustment for inflation and
publish the adjustment in the Federal
Register by January 15 of each year,
beginning in 2017. Each penalty will be
adjusted as instructed by OMB based on
CPI–U from the most recent October.
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 after the ‘‘catchup’’ adjustment 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
39 U.S.C. 3012(a). This section currently
imposes a $50,000 penalty for each
mailing less than 50,000 pieces,
$100,000 for each mailing 50,000 to
100,000 pieces, and $10,000 for each
piece above 100,000 up to a penalty of
$2,000,000. These penalties were last
adjusted in 2000. Based on the guidance
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Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations
in OMB memorandum M–16–06, an
adjustment multiplier of 1.36689 will be
used. The new penalties will be as
follows: $68,345 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 piece above 100,000
not to exceed $2,733,780.
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
$25,000 for each mailing that is less
than 50,000 pieces, $50,000 for each
mailing of 50,000 to 100,000 pieces, and
an additional $5,000 for every
additional 10,000 pieces above 100,000
not to exceed $1,000,000. These
penalties were last adjusted in 2000.
Based on OMB guidance, an adjustment
multiplier of 1.36689 will be used. The
new penalties will be $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 every additional 10,000
pieces above 100,000 not to exceed
$1,366,890.
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
$10,000 for each mailing. The penalty
was last adjusted in 2000. Based on
OMB guidance, an adjustment
multiplier of 1.36689 will be used. The
new penalty will be $13,669.
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
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20:00 Jun 29, 2016
Jkt 238001
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 $2,000,000 per
violation. The penalty was last adjusted
in 2000. Based on OMB guidance, an
adjustment multiplier of 1.36689 will be
used. The new penalty may not exceed
$2,733,780 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 $10,000 per violation for each mailing
to an individual. The penalty was last
adjusted in 2000. Based on OMB
guidance, an adjustment multiplier of
1.36689 will be used. The new penalty
is $13,669 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
$250, but not more than $100,000 for
each violation. The penalty amounts
were last adjusted in 2006. Based on
OMB guidance, an adjustment
multiplier of 1.17858 will be used. The
new penalty is at least $295, but not
more than $117,858 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
1. The authority citation for 39 CFR
part 233 is revised 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;
Pub. L. 104–208, 110 Stat. 3009–378; Pub. L.
106–168, 113 Stat. 1806; Pub. L. 114–74, 129
Stat. 584.
■
2. Revise § 233.12 to read as follows:
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§ 233.12
42533
Civil penalties.
(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 39 U.S.C. 3012(a). As
adjusted under Public Law 114–74, the
penalties are as follows: $68,345 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
piece above 100,000 not to exceed
$2,733,780.
(b) 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 payable under 39 U.S.C.
3012(c)(1). As adjusted under Public
Law 114–74, the penalties are as
follows: $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 every
additional 10,000 pieces above 100,000
not to exceed $1,366,890.
(c) 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:
(1) Solicitations making false claims
of Federal Government connection or
approval;
(2) Certain solicitations for the
purchase of a product or service that
may be obtained without cost from the
Federal Government;
(3) Solicitations containing
improperly prepared ‘‘facsimile
checks’’; and
(4) 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). As
adjusted under Public Law 114–74, this
penalty is not to exceed $13,669 for
each mailing.
(d) 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.
As adjusted under Public Law 114–74,
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Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations
the penalty may not exceed $2,733,780
per violation.
(e) Reckless mailing of skill contest or
sweepstakes matter. 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 for a civil
penalty for each mailing to an
individual. As adjusted under Public
Law 114–74, the penalty is $13,669 per
violation.
(f) 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. As adjusted under
Public Law 114–74, the penalty is at
least $295, but not more than $117,858
for each violation.
Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2016–15464 Filed 6–29–16; 8:45 am]
BILLING CODE 7710–12–P
POSTAL REGULATORY COMMISSION
39 CFR Parts 3000, 3001, and 3008
[Docket No. RM2016–4; Order No. 3379]
Ex Parte Communications
Postal Regulatory Commission.
Final rule.
AGENCY:
ACTION:
The Commission is issuing a
set of final rules amending existing
Commission rules related to ex parte
communications. The final rules are
consistent with the recommended
approach to agency treatment of ex parte
communications. Relative to the
proposed rules, some rules were
restructured based on comments
received, others were modified to
alleviate confusion.
DATES: Effective August 1, 2016.
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Regulatory History
srobinson on DSK5SPTVN1PROD with RULES
81 FR 1931, January 14, 2016.
Table of Contents
I. Introduction
II. Background
III. Comments
IV. Commission Analysis
V. Changes to the Proposed Rules
VI. Ordering Paragraphs
VerDate Sep<11>2014
20:00 Jun 29, 2016
Jkt 238001
I. Introduction
In this Order, the Commission adopts
final rules concerning ex parte
communications. The final rules
adopted by this Order amend existing
Commission rules and remove obsolete
rules no longer applicable under the
Postal Accountability and Enhancement
Act (PAEA), Public Law 109–435, 120
Stat. 3218 (2006). The final rules are
located at 39 CFR part 3008. Existing
rules located at §§ 3000.735–501, 502,
3001.5(o), and 3001.7 are amended to
reflect the revised location of the ex
parte communications rules. Existing
rules located at 39 CFR part 3000 are
renumbered for consistency with
Federal Register guidance.
The rules as adopted incorporate
suggestions offered by commenters that
restructure some rules as proposed, but
do not materially affect their substance.
The initial approach taken by the
Commission was to codify only what
were considered mandatory ex parte
communications requirements in the
Code of Federal Regulations (CFR)
applicable to a limited set of
Commission docket types. The
Commission also proposed to issue a
more comprehensive policy document
to include ex parte communications
requirements for other possible docket
types.1 The Commission understands
comments suggesting the proposed
approach would cause confusion
concerning when the mandatory rules
apply versus when the policy applies.
The Commission has adopted modified
rules to alleviate this confusion by
making the rules inclusive of all
proceeding types before the Commission
with specific exceptions. This is a
change in form, but not substance.2
The change in structure also is
intended to clarify that the Commission
in most instances will effectively take a
permit-but-disclose approach to ex parte
communications, which was suggested
by many of the commenters. However,
given the opportunities the Commission
provides to participants to avoid ex
parte communications issues altogether,
the rules do not encourage ex parte
communications as the norm.3 The
proposed changes in structure also are
intended to clarify that penalties for
violating ex parte communication rules
1 The opportunity to comment on both the rules
and the policy were provided in Order No. 3005.
Notice of Proposed Rulemaking Regarding Ex Parte
Communications, January 8, 2016 (Order No. 3005).
2 The Commission’s internal policy is revised to
reflect the changes in the final rules and will be
made available on the Commission’s Web site.
3 For example, participants generally have
sufficient opportunities to make their views known
by filing documents on the Commission’s Web site
during the course of a proceeding.
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only apply to very limited proceeding
types.
II. Background
On January 8, 2016, the Commission
issued Order No. 3005, introducing a
proposed revision and reorganization of
its rules concerning ex parte
communications. See Order No. 3005.
Order No. 3005 explained that the
current rules concerning ex parte
communications are located at
§§ 3000.735–501, 502, and 3001.7. See
id. The Commission identified a need to
revise the existing rules for several
reasons. The existing rules contained
significant redundancy between the
requirements of § 3000.735–501 and the
requirements of § 3001.7. Furthermore,
the existing rules made it difficult to
identify who qualified as Commission
‘‘decision-making personnel’’ without
referring to unrelated sections of the
CFR.
The existing rules also referred to rate
and classification cases under 39 U.S.C.
3624, which were eliminated under the
PAEA. Finally, the existing rules lacked
guidance for Commission personnel on
how to treat ex parte communications
falling outside the scope of the specific
docket types mentioned.
The operative statute requires the
Commission to restrict ex parte
communications only in matters where
the Commission must provide an
opportunity for a hearing on the record
pursuant to 5 U.S.C. 556 through 557.
Under the PAEA, the Commission is
only required to provide an opportunity
for a hearing in matters regarding a
change in the nature of postal services
pursuant to 39 U.S.C. 3633. In addition
to nature of service matters,
Commission regulations historically
have extended restrictions on ex parte
communications to post office appeal
cases pursuant to 39 U.S.C. 404(d)(5)
and (6) and complaint cases pursuant to
39 U.S.C. 3662. The Commission
considers the restriction appropriate
because of the potential impact ex parte
communications might have on
participants and their associated rights
in those types of proceedings. See Order
No. 3005 at 2–3.
In addition to the above three types of
proceedings—nature of service, post
office closings, and complaints—many
other types of proceedings come before
the Commission. Accordingly, the
Commission attached as a library
reference to Order No. 3005 a new
proposed internal policy on the
treatment of ex parte communications
applicable to all cases. For consistency
with prevailing principles regarding
agency treatment of ex parte
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]]>Agencies
[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Rules and Regulations]
[Pages 42532-42534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15464]
=======================================================================
-----------------------------------------------------------------------
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 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: August 1, 2016.
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.
The 2015 Act requires the Postal Service to make two types of
adjustments to civil penalties that meet the definition of ``civil
monetary penalty'' under the 1990 Act. The Office of Management and
Budget has furnished detailed instructions regarding these adjustments
in memorandum M-16-06, Implementation of the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2016 (February 24, 2016),
www.whitehouse.gov/omb/memoranda/2016/m-16-06.
First, the Postal Service must make an initial ``catch-up''
adjustment to each of its qualifying civil monetary penalties through
an interim final rule by July 1, 2016. The catch-up adjustment is based
on the Consumer Price Index (CPI-U) and is calculated for each penalty.
The amount of the adjustment is calculated by multiplying the current
published penalty amount by an adjustment factor provided by the Office
of Management and Budget (OMB). The adjustment factor varies depending
on the year a penalty was last adjusted. The new penalty amount must be
rounded to the nearest dollar.
Second, the Postal Service must make an annual adjustment for
inflation and publish the adjustment in the Federal Register by January
15 of each year, beginning in 2017. Each penalty will be adjusted as
instructed by OMB based on CPI-U from the most recent October.
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 after
the ``catch-up'' adjustment 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 39 U.S.C. 3012(a). This section currently imposes a
$50,000 penalty for each mailing less than 50,000 pieces, $100,000 for
each mailing 50,000 to 100,000 pieces, and $10,000 for each piece above
100,000 up to a penalty of $2,000,000. These penalties were last
adjusted in 2000. Based on the guidance
[[Page 42533]]
in OMB memorandum M-16-06, an adjustment multiplier of 1.36689 will be
used. The new penalties will be as follows: $68,345 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 piece above 100,000 not to exceed
$2,733,780.
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
$25,000 for each mailing that is less than 50,000 pieces, $50,000 for
each mailing of 50,000 to 100,000 pieces, and an additional $5,000 for
every additional 10,000 pieces above 100,000 not to exceed $1,000,000.
These penalties were last adjusted in 2000. Based on OMB guidance, an
adjustment multiplier of 1.36689 will be used. The new penalties will
be $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 every additional 10,000 pieces above 100,000 not to exceed
$1,366,890.
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 $10,000 for each
mailing. The penalty was last adjusted in 2000. Based on OMB guidance,
an adjustment multiplier of 1.36689 will be used. The new penalty will
be $13,669.
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 $2,000,000 per violation.
The penalty was last adjusted in 2000. Based on OMB guidance, an
adjustment multiplier of 1.36689 will be used. The new penalty may not
exceed $2,733,780 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 $10,000 per violation for
each mailing to an individual. The penalty was last adjusted in 2000.
Based on OMB guidance, an adjustment multiplier of 1.36689 will be
used. The new penalty is $13,669 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 $250, but not more than $100,000 for each
violation. The penalty amounts were last adjusted in 2006. Based on OMB
guidance, an adjustment multiplier of 1.17858 will be used. The new
penalty is at least $295, but not more than $117,858 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 is revised 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; Pub. L. 104-208, 110 Stat. 3009-378; Pub. L.
106-168, 113 Stat. 1806; Pub. L. 114-74, 129 Stat. 584.
0
2. Revise Sec. 233.12 to read as follows:
Sec. 233.12 Civil penalties.
(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 39 U.S.C.
3012(a). As adjusted under Public Law 114-74, the penalties are as
follows: $68,345 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 piece
above 100,000 not to exceed $2,733,780.
(b) 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
payable under 39 U.S.C. 3012(c)(1). As adjusted under Public Law 114-
74, the penalties are as follows: $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 every additional 10,000 pieces
above 100,000 not to exceed $1,366,890.
(c) 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:
(1) Solicitations making false claims of Federal Government
connection or approval;
(2) Certain solicitations for the purchase of a product or service
that may be obtained without cost from the Federal Government;
(3) Solicitations containing improperly prepared ``facsimile
checks''; and
(4) 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). As
adjusted under Public Law 114-74, this penalty is not to exceed $13,669
for each mailing.
(d) 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. As adjusted under Public Law 114-74,
[[Page 42534]]
the penalty may not exceed $2,733,780 per violation.
(e) Reckless mailing of skill contest or sweepstakes matter. 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
for a civil penalty for each mailing to an individual. As adjusted
under Public Law 114-74, the penalty is $13,669 per violation.
(f) 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. As adjusted under Public Law 114-74, the penalty is at least
$295, but not more than $117,858 for each violation.
Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2016-15464 Filed 6-29-16; 8:45 am]
BILLING CODE 7710-12-P
