1460 Federal Register / Vol. 89, No. 7 / Wednesday, January 10, 2024 / Rules and Regulations 

Signing Authority 

Denis McDonough, Secretary of 

Veterans Affairs, approved and signed 

this document on January 4, 2024, and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. 

Luvenia Potts 

Regulation Development Coordinator, Office 

of Regulation Policy & Management, Office 

of General Counsel, Department of Veterans 

Affairs. 

For the reasons stated in the 

preamble, the Department of Veterans 

Affairs amends 38 CFR parts 36 and 42 

as set forth below: 

PART 36—LOAN GUARANTY 

■ 1. The authority citation for part 36 

continues to read as follows: 

Authority: 38 U.S.C. 501 and 3720. 

§ 36.4340 [Amended] 

■ 2. In § 36.4340, amend paragraphs 

(k)(1)(i) introductory text and (k)(3) by 

removing ‘‘$27,018’’ and adding in its 

place ‘‘$27,894’’. 

PART 42—STANDARDS 

IMPLEMENTING THE PROGRAM 

FRAUD CIVIL REMEDIES ACT 

■ 3. The authority citation for part 42 

continues to read as follows: 

Authority: Pub. L. 99–509, secs. 6101– 

6104, 100 Stat. 1874, codified at 31 U.S.C. 

3801–3812. 

§ 42.3 [Amended] 

■ 4. In § 42.3, amend paragraphs 

(a)(1)(iv) and (b)(1)(ii) by removing 

‘‘$13,508’’ and adding in its place 

‘‘$13,946’’. 

[FR Doc. 2024–00353 Filed 1–9–24; 8:45 am] 

BILLING CODE 8320–01–P 

POSTAL SERVICE 

39 CFR Parts 233 and 273 

Inspection Service Authority; Civil 

Monetary Penalty Inflation Adjustment 

AGENCY: Postal ServiceTM. 

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, 

as well as the civil monetary penalty 

that may be imposed by the Postal 

Service for false claims and statements 

under the Program Fraud Civil 

Remedies 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 

2024 for the statutory civil monetary 

penalties subject to the 2015 Act and all 

necessary updates authorized by the 

2015 Act for regulatory civil monetary 

penalties. 

DATES: Effective January 10, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Louis DiRienzo, (202) 268–2705, 

ljdirienzo@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. 

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 

2024 in memorandum M–24–07, 

Implementation of Penalty Inflation 

Adjustments for 2024, Pursuant to the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (December 19, 2023), https://

www.whitehouse.gov/wp-content/ 

uploads/2023/12/M-24-07- 

Implementation-of-Penalty-InflationAdjustments-for-2024.pdf. This year, 

OMB has advised that an adjustment 

multiplier of 1.03241 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 

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 $85,637 penalty for 

each mailing less than 50,000 pieces, 

$171,269 for each mailing of 50,000 to 

100,000 pieces, and $17,128 for each 

additional 10,000 pieces above 100,000 

not to exceed $3,425,405. The new 

penalties will be as follows: a $88,412 

penalty for each mailing less than 

50,000 pieces, $176,820 for each mailing 

of 50,000 to 100,000 pieces, and $17,683 

for each additional 10,000 pieces above 

100,000 not to exceed $3,536,422. 

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 

$42,818 for each mailing that is less 

than 50,000 pieces, $85,637 for each 

mailing of 50,000 to 100,000 pieces, and 

an additional $8,564 for each additional 

10,000 pieces above 100,000 not to 

exceed $1,712,703. The new penalties 

will be $44,206 for each mailing that is 

less than 50,000 pieces, $88,412 for each 

mailing of 50,000 to 100,000 pieces, and 

an additional $8,842 for each additional 

10,000 pieces above 100,000 not to 

exceed $1,768,212. 


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Federal Register / Vol. 89, No. 7 / Wednesday, January 10, 2024 / Rules and Regulations 1461 

39 U.S.C. 3012(d)—Misleading 

References to the United States 

Government; Sweepstakes and 

Deceptive Mailings 

Persons may be liable to the United 

States for a civil penalty under 39 U.S.C. 

3012(d) for 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. 

Currently, under the implementing 

regulations, this penalty is not to exceed 

$17,128 for each mailing. The new 

penalty will be $17,683. 

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 $3,425,405 per 

violation, pursuant to the implementing 

regulations. The new penalty may not 

exceed $3,536,422 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 $17,128 per violation for each mailing 

to an individual. The new penalty is 

$17,683 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 

$371, but not more than $147,675 for 

each violation, pursuant to the 

implementing regulations. The new 

penalty is at least $383, but not more 

than $152,461 for each violation. 

Adjustments to Regulatory Postal 

Service Civil Monetary Penalties 

In October 1986, Congress enacted the 

Program Fraud Civil Remedies Act, 31 

U.S.C. 3801–3812. The Program Fraud 

Civil Remedies Act established an 

administrative remedy against any 

person who makes, or causes to be 

made, a false claim or written statement 

to certain Federal agencies. The Act 

requires each covered agency to 

promulgate rules and regulations 

necessary to implement its provisions. 

The Postal Service’s implementing 

regulations are found in part 273 of title 

39, Code of Federal Regulations. The 

current penalty amount is $13,508. The 

new penalty amount is $13,946. 

List of Subjects 

39 CFR Part 233 

Administrative practice and 

procedure, Banks, Banking, Credit, 

Crime, Infants and children, Law 

enforcement, Penalties, Privacy, 

Seizures and forfeitures. 

39 CFR Part 273 

Administrative practice and 

procedure, Claims, Fraud, Penalties. 

For the reasons set out in the 

preamble, the Postal Service amends 39 

CFR parts 233 and 273 as follows: 

PART 233—INSPECTION SERVICE 

AUTHORITY 

■ 1. The authority citation for 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(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): 

■ i. Remove ‘‘$85,637’’ and add in its 

place ‘‘$88,412’’; 

■ ii. Remove ‘‘$171,269’’ and add in its 

place ‘‘$176,820’’; 

■ iii. Remove ‘‘$17,128’’ and add in its 

place ‘‘$17,683’’; and 

■ iv. remove ‘‘$3,425,405’’ and add in 

its place ‘‘$3,536,422’’. 

■ b. In paragraph (b): 

■ i. Remove ‘‘$42,818’’ and add in its 

place ‘‘$44,206’’; 

■ ii. Remove ‘‘$85,637’’ and add in its 

place ‘‘$88,412’’; 

■ iii. Remove ‘‘$8,564’’ and add in its 

place ‘‘$8,842’’; and 

■ iv. Remove ‘‘$1,712,703’’ and add in 

its place ‘‘$1,768,212’’. 

■ c. In paragraph (c)(4), remove 

‘‘$17,128’’ and add in its place 

‘‘$17,683’’. 

■ d. In paragraph (d), remove 

‘‘$3,425,405’’ and add in its place 

‘‘$3,536,422’’. 

■ e. In paragraph (e), remove ‘‘$17,128’’ 

and add in its place ‘‘$17,683’’. 

■ f. In paragraph (f), remove ‘‘$371’’ and 

add in its place ‘‘$383’’ and remove 

‘‘$147,675’’ and add in its place 

‘‘$152,461’’. 

PART 273—ADMINISTRATION OF 

PROGRAM FRAUD CIVIL REMEDIES 

ACT 

■ 3. The authority citation for part 273 

continues to read as follows: 

Authority: 31 U.S.C. Chapter 38; 39 U.S.C. 

401. 

■ 4. In § 273.3: 

■ a. In paragraph (a)(1)(iv): 

■ i. Remove the second sentence. 

■ ii. Remove ‘‘$13,508’’ and add in its 

place ‘‘$13,946’’. 

■ b. Designate the undesignated 

paragraph following paragraph (b)(1)(ii) 

as paragraph (b)(1)(iii). 

■ c. In paragraph (b)(1)(ii), add a 

sentence at the end of the paragraph. 

The addition reads as follows: 

§ 273.3 Liability for false claims and 

statements. 

* * * * * 

(b) * * * 

(1) * * * 

(ii) * * * As adjusted under Public 

Law 114–74, the penalty is $13,946 per 

claim. 

* * * * * 

Christopher Doyle, 

Attorney, Ethics & Legal Compliance. 

[FR Doc. 2024–00313 Filed 1–9–24; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2023–0097; FRL–11564– 

04–R4] 

Air Plan Approval; Kentucky; 

Revisions to Jefferson County 

Emissions Monitoring and Reporting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving changes to 


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