974 Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Rules and Regulations 

34 CFR Part 668 

Administrative practice and 

procedure, Colleges and universities, 

Consumer protection, Grant programs— 

education, Loan programs—education, 

Reporting and recordkeeping 

requirements, Selective Service System, 

Student aid, Vocational education. 

Dated: January 29, 2019. 

Betsy DeVos, 

Secretary of Education. 

For the reasons discussed in the 

preamble, the Secretary amends parts 36 

and 668 of title 34 of the Code of 

Federal Regulations as follows: 

PART 36—ADJUSTMENT OF CIVIL 

MONETARY PENALTIES FOR 

INFLATION 

■ 1. The authority citation for part 36 

continues to read as follows: 

Authority: 20 U.S.C. 1221e–3 and 3474; 28 

U.S.C. 2461 note, as amended by section 701 

of Pub. Law 114–74, unless otherwise noted. 

■ 2. Section 36.2 is amended by revising 

Table I to read as follows: 

§ 36.2 Penalty adjustment. 

* * * * * 

TABLE I—SECTION 36.2.—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS

Statute Description 

New maximum 

(and minimum, if applicable) 

penalty amount 

20 U.S.C. 1015(c)(5) (Section 

131(c)(5) of the Higher Education 

Act of 1965 (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.

$38,549. 

20 U.S.C. 1022d(a)(3) (Section 

205(a)(3) of the HEA).

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.

$32,110. 

20 U.S.C. 1082(g) (Section 432(g) of 

the HEA).

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.

$57,317. 

20 U.S.C. 1094(c)(3)(B) (Section 

487(c)(3)(B) of the HEA).

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.

$57,317. 

20 U.S.C. 1228c(c)(2)(E) (Section 429 

of the General Education Provisions 

Act).

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.

$1,692. 

31 U.S.C. 1352(c)(1) and (c)(2)(A) ...... 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.

$20,134 to $201,340. 

31 U.S.C. 3802(a)(1) and (a)(2) .......... 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.

$11,463. 

* * * * * 

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 is amended in 

paragraph (a) by removing the number 

‘‘$55,907’’ and adding in its place the 

number ‘‘$57,317’’. 

[FR Doc. 2019–00670 Filed 1–31–19; 8:45 am] 

BILLING CODE 4000–01–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3035 

[Docket No. RM2018–12; Order No. 4973] 

Amendments to Market Test Rules 

AGENCY: Postal Regulatory Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is adopting 

final rules amending the Commission’s 

regulations governing market tests of 

experimental products. The final rules 

revise the method for calculating 

applicable market test revenue 

limitations and clarify the process for 

filing a request to add a nonexperimental product or price category 

based on an experimental product to the 

market dominant or competitive 

product list. For additional information, 

Order No. 4973 can be accessed 

electronically through the Commission’s 

website at https://www.prc.gov. 

DATES: Effective: March 4, 2019. 

FOR FURTHER INFORMATION CONTACT: 

David A. Trissell, General Counsel, at 

202–789–6820. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Relevant Statutory Requirements 

II. Basis and Purpose of Rule Change 

III. Final Rule 

I. Relevant Statutory Requirements 

Section 3641 of title 39 of the United 

States Code authorizes the Postal 

Service to conduct market tests of 

experimental products. 39 U.S.C. 3641. 

Generally, each product offered by the 

Postal Service must comply with section 

3622 (governing market dominant 

products) or section 3633 (governing 

competitive products), as well as section 

3642 (governing changes to the lists of 

market dominant and competitive 

products) and applicable regulations. 

Experimental products, however, are 

not subject to these requirements. 39 

U.S.C. 3641(a)(2). 

Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Rules and Regulations 975 

1See Docket No. RM2013–5, Order Adopting 

Final Rules for Market Tests of Experimental 

Products, August 28, 2014, at 24 (Order No. 2173). 

The Postal Service may decide to add 

a non-experimental product or price 

category to the product list based on its 

performance or other factors. 

Accordingly, the regulations in this part 

set forth procedures for filing a request 

to add a current or former experimental 

product to the market dominant or 

competitive product list in nonexperimental status, that is—subject to 

the applicable requirements of sections 

3622 or 3633, 3642, and the applicable 

regulations promulgated thereunder.1

In accordance with its specific 

authority to regulate market tests under 

section 3641 and its general authority 

under section 503 to promulgate 

regulations and establish procedures, 

the Commission initiated a rulemaking 

proceeding to consider amendments to 

the existing market test regulations that 

would better reflect current practice and 

improve transparency and 

accountability. 

II. Basis and Purpose of Rule Change 

The final rules amend existing market 

test rules in 39 CFR part 3035 in two 

areas. First, the final rules revise the 

method for calculating applicable 

revenue limitations for market tests 

appearing in §§ 3035.15 and 3035.16 to 

be consistent with the current level of 

precision used in calculating the annual 

limitation on the percentage change in 

rates for market dominant products 

(price cap). Second, the final rules 

clarify the process under § 3035.18 for 

filing a request to add a nonexperimental product or price category 

based on an experimental product to the 

market dominant or competitive 

product list. The final rules also 

emphasize the necessity of receiving 

specific detailed information in such 

requests. 

III. Final Rule 

The final rules amend existing 

§§ 3035.15, 3035.16, and 3035.18. The 

final rules replace ‘‘214.5’’ with 

‘‘214.463’’ in existing § 3035.15(d) and 

(e) as well as § 3035.16(c) and (d). The 

final rules change the heading of 

existing § 3035.18 to ‘‘Request to add a 

non-experimental product or price 

category based on an experimental 

product to the product list.’’ Final 

§ 3035.18(a) replaces the word 

‘‘permanent’’ in existing § 3035.18 with 

general language about adding a nonexperimental product or price category 

based on an experimental product to the 

market dominant or competitive 

product list. Final § 3035.18(b) 

identifies instances when the Postal 

Service must file a request compliant 

with § 3035.18. Final § 3035.18(c) lists 

the information that the Postal Service 

must include in a request to add a nonexperimental product or price category 

based on an experimental product to the 

market dominant or competitive 

product list. 

Final § 3035.18(d) contains separate 

notice requirements for a request filed 

under § 3035.18 that seeks to continue 

services provided under a market test 

immediately when the market test ends. 

Final § 3035.18(d) also specifies a 

different advance notice requirement for 

competitive NSAs (45 days) as 

compared to other products (60 days). 

Existing § 3035.18(c) is moved to final 

§ 3035.18(e), but replaces the phrase ‘‘its 

request to make an experimental 

product permanent’’ with ‘‘a request 

filed under this section’’ and adds ‘‘if 

the market test proceeding’s docket is an 

active case before the Commission’’ at 

the end of the first sentence. 

List of Subjects in 39 CFR Part 3035 

Administrative practice and 

procedure, Postal Service. 

For the reasons discussed in the 

preamble, the Commission amends 39 

CFR part 3035 as follows: 

PART 3035—RULES FOR MARKET 

TESTS OF EXPERIMENTAL 

PRODUCTS 

■ 1. The authority citation for part 3035 

is revised to read as follows: 

Authority: 39 U.S.C. 503; 3641. 

■ 2. Amend § 3035.15 by revising 

paragraphs (d) and (e) to read as follows: 

§ 3035.15 Dollar amount limitation. 

* * * * * 

(d) The calculation of the $10 Million 

Adjusted Limitation involves the 

following steps. First, a simple average 

CPI–U index was calculated for fiscal 

year 2008 by summing the monthly 

CPI–U values from October 2007 

through September 2008 and dividing 

the sum by 12 (Base Average). The 

resulting Base Average is 214.463. Then, 

a second simple average CPI–U index is 

similarly calculated for each subsequent 

fiscal year by summing the 12 monthly 

CPI–U values for the previous fiscal year 

and dividing the sum by 12 (Recent 

Average). Finally, the annual limitation 

for the current fiscal year is calculated 

by multiplying $10,000,000 by the 

Recent Average divided by 214.463. The 

result is expressed as a number, 

rounded to the nearest dollar. 

(e) The formula for calculating the $10 

Million Adjusted Limitation is as 

follows: $10 Million Adjusted 

Limitation = $10,000,000 * (Recent 

Average/214.463). 

■ 3. Amend § 3035.16 by revising 

paragraphs (c) and (d) to read as follows: 

§ 3035.16 Exemption from dollar amount 

limitation. 

* * * * * 

(c) The calculation of the $50 Million 

Adjusted Limitation involves the 

following steps. First, a simple average 

CPI–U index was calculated for fiscal 

year 2008 by summing the monthly 

CPI–U values from October 2007 

through September 2008 and dividing 

the sum by 12 (Base Average). The 

resulting Base Average is 214.463. Then, 

a second simple average CPI–U index is 

similarly calculated for each subsequent 

fiscal year by summing the 12 monthly 

CPI–U values for the previous fiscal year 

and dividing the sum by 12 (Recent 

Average). Finally, the annual limitation 

for the current fiscal year is calculated 

by multiplying $50,000,000 by the 

Recent Average divided by 214.463. The 

result is expressed as a number, 

rounded to the nearest dollar. 

(d) The formula for calculating the 

$50 Million Adjusted Limitation is as 

follows: $50 Million Adjusted 

Limitation = $50,000,000 * (Recent 

Average/214.463). 

* * * * * 

■ 4. Revise § 3035.18 to read as follows: 

§ 3035.18 Request to add a nonexperimental product or price category 

based on an experimental product to the 

product list. 

(a) If the Postal Service seeks to add 

a non-experimental product or price 

category based on a former or current 

experimental product to the market 

dominant or competitive product list, 

the Postal Service shall file a request, 

pursuant to 39 U.S.C. 3642 and part 

3020, subpart B of this chapter, to add 

a non-experimental product or price 

category to the applicable product list. 

(b) The Postal Service shall comply 

with the requirements specified in 

paragraphs (c) through (e) of this section 

of this section if the proposed nonexperimental product or price category: 

(1) Offers the same (or similar) service 

as a former or current experimental 

product; 

(2) Has the same distinct cost or 

market characteristic as a former or 

current experimental product; or 

(3) Uses (or is based on) data or 

assumptions from a former or current 

market test proceeding. 

(c) A request filed under this section 

shall: 

(1) Identify the market test and docket 

number that the proposed nonVerDate Sep<11>2014 16:07 Jan 31, 2019 Jkt 247001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM 01FER1
976 Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Rules and Regulations 

experimental product or price category 

is based on; 

(2) Explain the relationship between 

the proposed non-experimental product 

or price category and market test or 

experimental product; 

(3) Identify any assumptions from the 

market test that the request uses or is 

based on; 

(4) Include all data from data 

collection reports filed during the 

market test in the financial model 

supporting the request, or separately 

identify and explain any differences 

between the data collection reports filed 

during the market test and the data used 

in the financial model supporting the 

request; and 

(5) Quantify the product specific costs 

associated with the development of the 

market test; that is, costs incurred before 

the market test was implemented. 

(d) The Postal Service must provide 

advance notice of a request filed under 

this section. 

(1)(i) The requirements in this 

paragraph (d)(1) apply if the Postal 

Service seeks to add a non-experimental 

product or price category based on an 

experimental product to the competitive 

product list as an NSA. If the Postal 

Service seeks to continue the services 

provided under a market test 

immediately when the market test ends 

with no interruption in service, the 

Postal Service must file a request under 

this section at least 45 days before: 

(A) The market test expires (including 

any extension period granted); or 

(B) The market test is expected to 

exceed any authorized limitation 

specified in §§ 3035.15 and 3035.16 

during any fiscal year, whichever is 

earlier. 

(ii) In all other instances, the Postal 

Service must file a request under this 

section at least 45 days before the 

requested date for the Commission’s 

decision. 

(2)(i) The requirements in this 

paragraph (d)(2) apply if the Postal 

Service seeks to add a non-experimental 

product or price category based on an 

experimental product to the market 

dominant or competitive product list as 

a product other than a competitive NSA. 

If the Postal Service seeks to continue 

the services provided under a market 

test immediately when the market test 

ends with no interruption in service, the 

Postal Service must file a request under 

this section at least 60 days before: 

(A) The market test expires (including 

any extension period granted); or 

(B) The market test is expected to 

exceed any authorized limitation 

specified in §§ 3035.15 and 3035.16 

during any fiscal year, whichever is 

earlier. 

(ii) In all other instances, the Postal 

Service must file a request under this 

section at least 60 days before the 

requested date for the Commission’s 

decision. 

(e) The Postal Service shall also file a 

notice of a request filed under this 

section in the market test proceeding’s 

docket if the market test proceeding’s 

docket is an active case before the 

Commission. This notice shall include 

the applicable docket number(s) for the 

proceeding evaluating the request. 

By the Commission. 

Stacy L. Ruble, 

Secretary. 

[FR Doc. 2019–00398 Filed 1–31–19; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2007–0314; FRL–9988–58– 

Region 6] 

Air Plan Approval; Oklahoma; 

Interstate Transport Requirements for 

the 1997 Ozone National Ambient Air 

Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA or the Act), the 

Environmental Protection Agency (EPA) 

is approving a portion of an Oklahoma 

State Implementation Plan (SIP) 

submittal that pertains to the good 

neighbor provision requirements of the 

CAA with respect to interstate transport 

of air pollution which will interfere 

with maintenance of the 1997 ozone 

National Ambient Air Quality Standards 

(NAAQS). The good neighbor provision 

requires, in part, that each state, in its 

SIP, prohibit emissions that will 

interfere with maintenance of a new or 

revised NAAQS in another state. In this 

action, EPA is approving the Oklahoma 

SIP submittal as having met the interfere 

with maintenance requirement of the 

good neighbor provision for the 1997 

ozone NAAQS in accordance with 

section 110 of the CAA. 

DATES: This rule is effective on March 4, 

2019. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2007–0314. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

https://www.regulations.gov or in hard 

copy at the EPA Region 6, 1445 Ross 

Avenue, Suite 700, Dallas, Texas 75202– 

2733. 

FOR FURTHER INFORMATION CONTACT: Carl 

Young, 214–665–6645, young.carl@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means the EPA. 

I. Background 

The background for this action is 

discussed in detail in our November 16, 

2018 proposal (83 FR 57701). In that 

document we proposed to (1) approve 

the portion of a May 1, 2007 Oklahoma 

SIP submittal pertaining to the interfere 

with maintenance requirement of CAA 

section 110(a)(2)(D)(i)(I) with respect to 

the 1997 ozone NAAQS and (2) find that 

the state’s conclusion that Oklahoma 

emissions do not interfere with 

maintenance of the 1997 ozone NAAQS 

in another state is consistent with our 

conclusion regarding this good neighbor 

obligation. We did not receive any 

comments regarding our proposal. 

II. Final Action 

We are approving the portion of a 

May 1, 2007 Oklahoma SIP submittal 

pertaining to the interfere with 

maintenance requirement of CAA 

section 110(a)(2)(D)(i)(I) with respect to 

the 1997 ozone NAAQS. We find that 

the state’s conclusion that Oklahoma 

emissions do not interfere with 

maintenance of the 1997 ozone NAAQS 

in another state is consistent with our 

conclusion regarding this good neighbor 

obligation. This action is being taken 

under section 110 of the Act. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: