Inspection Service Authority; Civil Monetary Penalty Inflation Adjustment, 2036-2037 [2020-00028]
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2036
Federal Register / Vol. 85, No. 9 / Tuesday, January 14, 2020 / Rules and Regulations
Authority: 20 U.S.C. 1221e–3 and 3474; 28
U.S.C. 2461 note, as amended by § 701 of
Pub. L. 114–74, unless otherwise noted.
2. Section 36.2 is amended by:
a. In the introductory text, removing
‘‘Table I’’ and adding ‘‘Table 1 of this
section’’ in its place.
■
■
b. Redesignating Table I as Table 1
and revising newly redesignated Table
1.
■ c. Removing the parenthetical
authority citation at the end of the
section.
The revision reads as follows:
■
§ 36.2
*
Penalty adjustment.
*
*
*
*
TABLE 1 TO § 36.2—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS
Statute
Description
20 U.S.C. 1015(c)(5) (Section 131(c)(5)
of the Higher Education Act of 1965
(HEA)).
20 U.S.C. 1022d(a)(3) (Section 205(a)(3)
of the HEA).
Provides for a fine, as set by Congress in 1998, of up to $25,000 for failure by an
institution of higher education (IHE) to provide information on the cost of higher
education to the Commissioner of Education Statistics.
Provides for a fine, as set by Congress in 2008, of up to 27,500 for failure by an
IHE to provide information to the State and the public regarding its teacher-preparation programs.
Provides for a civil penalty, as set by Congress in 1986, of up to 25,000 for violations by lenders and guaranty agencies of Title IV of the HEA, which authorizes
the Federal Family Education Loan Program.
Provides for a civil penalty, as set by Congress in 1986, of up to 25,000 for an
IHE’s violation of Title IV of the HEA, which authorizes various programs of student financial assistance.
Provides for a civil penalty, as set by Congress in 1994, of up to 1,000 for an educational organization’s failure to disclose certain information to minor students
and their parents.
Provides for a civil penalty, as set by Congress in 1989, of 10,000 to 100,000 for
recipients of Government grants, contracts, etc. that improperly lobby Congress
or the Executive Branch with respect to the award of Government grants and
contracts.
Provides for a civil penalty, as set by Congress in 1986, of up to 5,000 for false
claims and statements made to the Government.
20 U.S.C. 1082(g) (Section 432(g) of the
HEA).
20
U.S.C.
1094(c)(3)(B)
487(c)(3)(B) of the HEA).
(Section
20 U.S.C. 1228c(c)(2)(E) (Section 429 of
the General Education Provisions Act).
31 U.S.C. 1352(c)(1) and (c)(2)(A) ...........
31 U.S.C. 3802(a)(1) and (a)(2) ...............
PART 668—STUDENT ASSISTANCE
GENERAL PROVISIONS
3. The authority citation for part 668
continues to read as follows:
■
Authority: 20 U.S.C. 1001–1003, 1070a,
1070g, 1085, 1087b, 1087d, 1087e, 1088,
1091, 1092, 1094, 1099c, 1099c–1, 1221e–3,
and 3474; Pub. L. 111–256, 124 Stat. 2643;
unless otherwise noted.
§ 668.84
[Amended]
4. Section 668.84(a)(1) introductory
text is amended by removing the
number ‘‘$57,317’’ and adding in its
place the number ‘‘$58,328’’.
■
[FR Doc. 2020–00413 Filed 1–13–20; 8:45 am]
BILLING CODE 4000–01–P
POSTAL SERVICE
39 CFR Part 233
Inspection Service Authority; Civil
Monetary Penalty Inflation Adjustment
lotter on DSKBCFDHB2PROD with RULES
New maximum
(and minimum,
if applicable)
penalty
amount
Postal ServiceTM.
ACTION: Interim final rule.
AGENCY:
This document updates postal
regulations by implementing inflation
adjustments to civil monetary penalties
that may be imposed under consumer
SUMMARY:
VerDate Sep<11>2014
16:28 Jan 13, 2020
Jkt 250001
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 document includes the
adjustments for 2020 for statutory civil
monetary penalties subject to the 2015
Act.
DATES: Effective date: January 14, 2020.
FOR FURTHER INFORMATION CONTACT:
Steven Sultan, (202) 268–7385,
SESultan@uspis.gov.
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.
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
$39,229
32,676
58,328
58,328
1,722
20,489 to
204,892
11,665
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 of each year.
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
2020 in memorandum M–20–05,
Implementation of Penalty Inflation
Adjustments for 2020, Pursuant to the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (December 16, 2019), https://
www.whitehouse.gov/wp-content/
uploads/2019/12/M-20-05.pdf. This
year, OMB has advised that an
adjustment multiplier of 1.01764 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
E:\FR\FM\14JAR1.SGM
14JAR1
Federal Register / Vol. 85, No. 9 / Tuesday, January 14, 2020 / Rules and Regulations
notice or opportunity for public
comment.
lotter on DSKBCFDHB2PROD with RULES
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,
Pub. L. 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
implementation of 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
39 U.S.C. 3012(a). The regulations
implemented pursuant to this section
currently impose a $72,669 penalty for
each mailing less than 50,000 pieces,
$145,335 for each mailing of 50,000 to
100,000 pieces, and $14,535 for each
additional 10,000 pieces above 100,000
not to exceed $2,906,718. The new
penalties will be as follows: A $73,951
penalty for each mailing less than
50,000 pieces, $147,899 for each mailing
of 50,000 to 100,000 pieces, and $14,791
for each additional 10,000 pieces above
100,000 not to exceed $2,957,993.
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 the implementing
regulations to 39 U.S.C. 3012(c)(1), is
$36,334 for each mailing that is less
than 50,000 pieces, $72,669 for each
mailing of 50,000 to 100,000 pieces, and
an additional $7,267 for each additional
10,000 pieces above 100,000 not to
exceed $1,453,359. The new penalties
will be: $36,975 for each mailing that is
less than 50,000 pieces, $73,951 for each
mailing of 50,000 to 100,000 pieces, and
an additional $7,395 for each additional
10,000 pieces above 100,000 not to
exceed $1,478,996.
39 U.S.C. 3012(d)—Misleading
references to the United States
VerDate Sep<11>2014
16:28 Jan 13, 2020
Jkt 250001
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, under the implementing
regulations, this penalty is not to exceed
$14,535 for each mailing. The new
penalty will be $14,791.
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 $2,906,718 per
violation, pursuant to the implementing
regulations. The new penalty may not
exceed $2,957,993 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) and its implementing
regulations, any promoter who
recklessly mails nonmailable skill
contest or sweepstakes matter may be
liable to the United States in the amount
of $14,535 per violation for each mailing
to an individual. The new penalty is
$14,791 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
$314, but not more than $125,314 for
each violation, pursuant to the
implementing regulations. The new
penalty is at least $320, but not more
than $127,525 for each violation.
PO 00000
Frm 00031
Fmt 4700
Sfmt 9990
2037
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(e)(1), 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 (28 U.S.C. 2461 note); Pub. L. 104–
208, 110 Stat. 3009; Secs. 106 and 108, Pub.
L. 106–168, 113 Stat. 1806 (39 U.S.C. 3012,
3017); Pub. L. 114–74, 129 Stat. 584.
§ 233.12
[Amended]
2. In § 233.12:
a. In paragraph (a), remove ‘‘$72,669’’
and add in its place ‘‘$73,951’’, remove
‘‘$145,335’’ and add in its place
‘‘$147,899’’, remove ‘‘$100,000 pieces’’
and add in its place ‘‘100,000 pieces’’,
remove ‘‘$14,535’’ and add in its place
‘‘$14,791’’, and remove ‘‘$2,906,718’’
and add in its place ‘‘$2,957,993’’.
■ b. In paragraph (b), remove ‘‘$36,334’’
and add in its place ‘‘$36,975’’, remove
‘‘$72,669’’ and add in its place
‘‘$73,951’’, remove ‘‘$7,267’’ and add in
its place ‘‘$7,395’’, and remove
‘‘$1,453,359’’ and add in its place
‘‘$1,478,996’’.
■ c. In paragraph (c)(4), remove
‘‘$14,535’’ and add in its place
‘‘$14,791’’.
■ d. In paragraph (d), remove
‘‘$2,906,718’’ and add in its place
‘‘$2,957,993’’.
■ e. In paragraph (e), remove ‘‘$14,535’’
and add in its place ‘‘$14,791’’.
■ f. In § 233.12(f), remove ‘‘$314’’ and
add in its place ‘‘$320’’ and remove
‘‘$125,314’’ and add in its place
‘‘$127,525’’.
■
■
Brittany M. Johnson,
Attorney, Federal Compliance.
[FR Doc. 2020–00028 Filed 1–13–20; 8:45 am]
BILLING CODE 7710–12–P
E:\FR\FM\14JAR1.SGM
14JAR1
]]>Agencies
[Federal Register Volume 85, Number 9 (Tuesday, January 14, 2020)]
[Rules and Regulations]
[Pages 2036-2037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00028]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 233
Inspection Service Authority; Civil Monetary Penalty Inflation
Adjustment
AGENCY: Postal Service\TM\.
ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: This document updates postal regulations by implementing
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
document includes the adjustments for 2020 for statutory civil monetary
penalties subject to the 2015 Act.
DATES: Effective date: January 14, 2020.
FOR FURTHER INFORMATION CONTACT: Steven Sultan, (202) 268-7385,
[email protected].
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 of each year. 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 2020 in memorandum M-20-05, Implementation of
Penalty Inflation Adjustments for 2020, Pursuant to the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015 (December
16, 2019), https://www.whitehouse.gov/wp-content/uploads/2019/12/M-20-05.pdf. This year, OMB has advised that an adjustment multiplier of
1.01764 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
[[Page 2037]]
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, Pub. L. 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 implementation of 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 39 U.S.C. 3012(a). The regulations implemented pursuant
to this section currently impose a $72,669 penalty for each mailing
less than 50,000 pieces, $145,335 for each mailing of 50,000 to 100,000
pieces, and $14,535 for each additional 10,000 pieces above 100,000 not
to exceed $2,906,718. The new penalties will be as follows: A $73,951
penalty for each mailing less than 50,000 pieces, $147,899 for each
mailing of 50,000 to 100,000 pieces, and $14,791 for each additional
10,000 pieces above 100,000 not to exceed $2,957,993.
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 the implementing
regulations to 39 U.S.C. 3012(c)(1), is $36,334 for each mailing that
is less than 50,000 pieces, $72,669 for each mailing of 50,000 to
100,000 pieces, and an additional $7,267 for each additional 10,000
pieces above 100,000 not to exceed $1,453,359. The new penalties will
be: $36,975 for each mailing that is less than 50,000 pieces, $73,951
for each mailing of 50,000 to 100,000 pieces, and an additional $7,395
for each additional 10,000 pieces above 100,000 not to exceed
$1,478,996.
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, under the implementing regulations, this penalty is
not to exceed $14,535 for each mailing. The new penalty will be
$14,791.
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 $2,906,718 per violation,
pursuant to the implementing regulations. The new penalty may not
exceed $2,957,993 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) and its implementing
regulations, any promoter who recklessly mails nonmailable skill
contest or sweepstakes matter may be liable to the United States in the
amount of $14,535 per violation for each mailing to an individual. The
new penalty is $14,791 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 $314, but not more than $125,314 for each
violation, pursuant to the implementing regulations. The new penalty is
at least $320, but not more than $127,525 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(e)(1), 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 (28 U.S.C. 2461 note); Pub. L. 104-
208, 110 Stat. 3009; Secs. 106 and 108, Pub. L. 106-168, 113 Stat.
1806 (39 U.S.C. 3012, 3017); Pub. L. 114-74, 129 Stat. 584.
Sec. 233.12 [Amended]
0
2. In Sec. 233.12:
0
a. In paragraph (a), remove ``$72,669'' and add in its place
``$73,951'', remove ``$145,335'' and add in its place ``$147,899'',
remove ``$100,000 pieces'' and add in its place ``100,000 pieces'',
remove ``$14,535'' and add in its place ``$14,791'', and remove
``$2,906,718'' and add in its place ``$2,957,993''.
0
b. In paragraph (b), remove ``$36,334'' and add in its place
``$36,975'', remove ``$72,669'' and add in its place ``$73,951'',
remove ``$7,267'' and add in its place ``$7,395'', and remove
``$1,453,359'' and add in its place ``$1,478,996''.
0
c. In paragraph (c)(4), remove ``$14,535'' and add in its place
``$14,791''.
0
d. In paragraph (d), remove ``$2,906,718'' and add in its place
``$2,957,993''.
0
e. In paragraph (e), remove ``$14,535'' and add in its place
``$14,791''.
0
f. In Sec. 233.12(f), remove ``$314'' and add in its place ``$320''
and remove ``$125,314'' and add in its place ``$127,525''.
Brittany M. Johnson,
Attorney, Federal Compliance.
[FR Doc. 2020-00028 Filed 1-13-20; 8:45 am]
BILLING CODE 7710-12-P
