Federal Register / Vol. 89, No. 13 / Friday, January 19, 2024 / Rules and Regulations 3571 

3.7 Parcel Select, Bound Printed 

Matter, Media Mail, and Library Mail 

Markings 

3.7.1 Basic Markings 

[Revise the last sentence in the 

introductory text of 3.7.1 to read as 

follows:] 

* * * When a shipping address label

is used, the basic required price marking 

must be printed as provided under 3.9. 

[Delete items a and b in their entirety.] 

[Delete Exhibit 3.7.1 in its entirety.] 

* * * * * 

[Delete 3.9, Marking Hazardous 

Materials, and add new 3.9 to read as 

follows:] 

3.9 Shipping Address Label Markings 

3.9.1 General 

When a shipping address label is 

used, it must include the correct service 

indicator composed of two elements, the 

service icon (except as provided under 

3.9.2) and service banner. For 

information on the markings and 

specifications, see the Parcel Labeling 

Guide available on the PostalPro 

website at postalpro.usps.com/ 

parcellabelingguide). Failure to comply 

may subject the piece to the IMpb 

noncompliance fee. 

3.9.2 Hazardous Materials 

When a shipping address label is used 

on items containing mailable hazardous 

materials, it must include the hazardous 

materials icon in lieu of the service icon 

as provided in the Parcel Labeling 

Guide. 

* * * * *

[Add new 9.0 to read as follows:]

9.0 Hazardous Materials 

9.1 General 

Mailers must ensure that their 

packages meet all applicable markings 

under 3.0, and ancillary service 

endorsement requirements under 

507.1.5. 

9.2 Shipping Address Labels 

When a shipping address label is 

used, the basic required price marking 

must be printed as provided under 3.9. 

9.3 Additional Elements 

All mailable hazardous materials 

must also include the applicable labels, 

markings, and tags, as required in 

Publication 52, Hazardous, Restricted, 

and Perishable Mail. 

* * * * * 

600 Basic Standards for All Mailing 

Services 

601 Mailability 

* * * * * 

8.0 Hazardous, Restricted, and 

Perishable Mail 

* * * * *

[Add a new 8.5 to read as follows:]

8.5 Hazardous Materials Labeling 

All mailable hazardous materials 

must be marked as provided under 

202.9.0 and include the applicable 

labels, markings, and tags, as required in 

Publication 52, Hazardous, Restricted, 

and Perishable Mail. 

* * * * * 

Colleen Hibbert-Kapler, 

Attorney, Ethics and Legal Compliance. 

[FR Doc. 2024–00945 Filed 1–18–24; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2023–0482; FRL–11618– 

02–R5] 

Air Plan Approval; Indiana; Lake and 

Porter 2008 Ozone NAAQS 

Maintenance Plan Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving Indiana’s 

September 21, 2023, state 

implementation plan (SIP) submission 

which revises the 2008 ozone 

maintenance plan for the Indiana 

portion (Lake and Porter Counties) of 

the Chicago Naperville, IL-IN-WI area 

(Chicago Naperville area). This SIP 

submission updates onroad vehicle 

emissions inventories for oxides of 

nitrogen (NOX) and volatile organic 

compounds (VOC) for the years 2019, 

2030 and 2035. In addition to updated 

emissions inventories, this SIP 

submission updates the Motor Vehicle 

Emissions Budgets (budgets) for NOX

and VOC for the years 2030 and 2035. 

EPA is approving the allocation of a 

portion of the safety margins for VOC 

and NOX in the ozone maintenance plan 

to the 2030 and 2035 budgets. Total year 

2030 and 2035 emissions of NOX and 

VOC for the area will remain below the 

attainment level required by the 

transportation conformity regulations. 

DATES: This direct final rule will be 

effective March 19, 2024, unless EPA 

receives adverse comments by February 

20, 2024. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2023–0482 at https://

www.regulations.gov or via email to 

leslie.michael@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Emily Crispell, Control Strategies 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8512, 

crispell.emily@epa.gov. The EPA Region 

5 office is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding

Federal holidays and facility closures

due to COVID–19.

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. Background

On May 20, 2022 (87 FR 30821), EPA

determined that the Chicago Naperville 

area was attaining the 2008 ozone 

National Ambient Air Quality Standard 

(NAAQS), based on quality-assured and 

certified monitoring data for 2019–2021, 

and changed the legal designation of the 

Indiana portion from nonattainment to 

attainment for the 2008 ozone NAAQS, 

effective May 20, 2022. At that time, 

EPA also approved Indiana’s 

maintenance plan for the area along 

with 2030 and 2035 budgets to keep the 

Indiana portion of the Chicago 


ddrumheller on DSK120RN23PROD with RULES1
3572 Federal Register / Vol. 89, No. 13 / Friday, January 19, 2024 / Rules and Regulations 

Naperville area in attainment of the 

2008 ozone NAAQS through 2035. 

Budgets are the projected levels of 

controlled emissions from the 

transportation sector (mobile sources) 

that are estimated in the SIP to provide 

for maintenance of the ozone standard. 

The transportation conformity rule (40 

CFR part 93, subpart A) allows the 

budgets to be changed as long as the 

total level of emissions from all sources 

remains below the attainment levels. 

On September 21, 2023, the Indiana 

Department of Environmental 

Management (IDEM) submitted a 

request to update the state’s 

maintenance plan to include revised 

emissions inventories and motor vehicle 

emissions budgets that reflect updated 

EPA Motor Vehicle Emission Simulator 

(MOVES3) modeling and increased 

onroad vehicle emission rates. 

II. Emissions Inventory 

Indiana updated its MOVES3 inputs 

for the Indiana portion of the Chicago 

Naperville maintenance area for the 

2008 ozone NAAQS. This has resulted 

in slightly higher emissions rates and 

more accurate onroad emissions 

estimates for the 2019 attainment level 

emissions, 2030 interim year emission 

projections, and 2035 maintenance year 

emission projections. The revised 

onroad emissions inventories for Lake 

and Porter counties were calculated 

using EPA’s MOVES3 model-produced 

emission factors and data extracted from 

the area’s travel-demand model. Table 1 

shows Indiana’s onroad emissions for 

Lake and Porter Counties for the years 

2019, 2030, and 2035 which were 

approved by EPA on May 20, 2022 (87 

FR 30821). Table 2 shows Indiana’s 

revised onroad emissions for Lake and 

Porter Counties for the years 2019, 2030, 

and 2035 based on updated MOVES3 

modeling. 

TABLE 1—LAKE AND PORTER COUNTIES 2019 ATTAINMENT YEAR, 2030 PROJECTED INTERIM YEAR, AND 2035 

PROJECTED MAINTENANCE YEAR ONROAD NOX AND VOC EMISSION INVENTORY

[Tons per summer day] 

Pollutant 

2019 Attainment 

year emissions 

(tons/day) 

2030 Projected 

interim year 

emissions 

(tons/day) 

2035 Projected 

maintenance 

year emissions 

(tons/day) 

NOX ............................................................................................................................ 9.48 4.55 4.77 

VOC ........................................................................................................................... 3.51 2.03 1.82 

TABLE 2—REVISED LAKE AND PORTER COUNTIES 2019 ATTAINMENT YEAR, 2030 PROJECTED INTERIM YEAR, AND 2035 

PROJECTED MAINTENANCE YEAR ONROAD NOX AND VOC MOVES3 EMISSION INVENTORY

[Tons per summer day] 

Pollutant 

2019 Attainment 

year emissions 

(tons/day) 

2030 Projected 

interim year 

emissions 

(tons/day) 

2035 Projected 

maintenance 

year emissions 

(tons/day) 

NOX ............................................................................................................................ 9.99 5.44 5.08 

VOC ........................................................................................................................... 3.50 2.06 2.42 

III. Safety Margin 

A ‘‘safety margin,’’ as defined in the 

transportation conformity rule (40 CFR 

part 93, subpart A), is the amount by 

which the total projected emissions 

from all sources of a given pollutant are 

less than the total emissions that would 

satisfy the applicable requirement for 

reasonable further progress, attainment, 

or maintenance. The attainment level of 

emissions is the level of emissions 

during one of the years in which the 

area met the NAAQS. Table 3 gives 

detailed information on the safety 

margin for the Indiana portion of the 

Chicago-Naperville, IL-IN-WI area. 

Table 3 includes a comparison of the 

VOC and NOX emissions in the year 

2019 (Indiana’s attainment year), to the 

projected emissions of VOC and NOX in 

the years 2030 and 2035. The difference 

between the projected emissions in the 

year 2035 and the actual emissions in 

the year 2019 is referred to as the 

‘‘safety margin’’ or the amount of excess 

emission reductions. 

TABLE 3—SAFETY MARGIN FOR CHICAGO’S 2008 8-HOUR OZONE MAINTENANCE PLAN

Pollutant 

2019 Attainment 

year emissions 

(tons/day) 

2030 Projected 

interim year 

emissions 

(tons/day) 

2030 Safety 

margin 

(tons/day) 

2035 Projected 

maintenance 

year emissions 

(tons/day) 

2035 Safety 

margin 

(tons/day) 

NOX .............................................................................. 88.53 78.80 9.73 76.37 12.16 

VOC ............................................................................. 37.33 35.84 1.49 36.19 1.14 

Indiana has requested the allocation 

of 1.09 tons/day of the NOX and 0.41 

tons/day of VOC from the safety margins 

to the 2030 budgets. Additionally, 

Indiana has requested the allocation of 

1.02 tons/day of the NOX and 0.48 tons/ 

day of VOC from the safety margins to 

the 2035 budgets. The revised 

maintenance plan will have a 2030 

safety margin of 8.64 tons/day of NOX

and 1.08 tons/day of VOC and a 2035 

safety margin of 11.14 tons/day of NOX

and 0.66 tons/day of VOC. The 2030 and 

the 2035 projected emissions, even with 

this allocation, will be below the 2019 

attainment year emissions for both VOC 

and NOX. For this reason, EPA finds 

that the allocation of the safety margins 

to the 2030 and 2035 budget for the 

Indiana portion of Chicago Naperville, 

IL-IN-WI area meets the requirements of 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 13 / Friday, January 19, 2024 / Rules and Regulations 3573 

the transportation conformity 

regulations at 40 CFR part 93 and is 

approvable. 

IV. Motor Vehicle Emission Budgets 

Indiana’s maintenance plan includes 

NOX and VOC budgets for the Indiana 

portion of the Chicago Naperville area 

for 2030 and 2035, an interim year and 

the last year of the maintenance period, 

respectively. The budgets were 

developed as part of an interagency 

consultation process which includes 

Federal, state, and local agencies. The 

budgets were clearly identified and 

precisely quantified. These budgets, 

when considered together with all other 

emissions sources, are consistent with 

maintenance of the 2008 ozone NAAQS. 

This action changes the budgets for 

mobile sources. The maintenance plan 

is designed to provide for future growth 

while still maintaining the ozone 

NAAQS. Growth in industries, 

population, and traffic is offset by 

reductions from cleaner cars and other 

emission reduction programs. Through 

the maintenance plan, the state and 

local agencies can manage and maintain 

clean air quality while providing for 

growth. 

In its submittal, Indiana requested to 

allocate a portion of the safely margins 

for NOX and VOC to the 2030 and 2035 

budgets. Table 4 and 5 detail the 

updated budgets for the 2008 ozone 

maintenance plan for the Indiana 

portion of the Chicago Naperville, IL-INWI area. Table 4 and 5 also show the 

revised projected onroad emissions, the 

amount of excess emission reductions or 

safety margin to be allocated into the 

new budgets, and the new budgets for 

NOX and VOC. 

TABLE 4—REVISED 2030 MOTOR VEHICLE EMISSIONS BUDGETS FOR THE INDIANA PORTION OF THE CHICAGO NAPERVILLE

AREA 2008 OZONE MAINTENANCE PLAN IN TONS PER OZONE SEASON DAY

Pollutant 

Revised 2030 

onroad emissions 

(tons/day) 

Safety margin 

allocation 

(tons/day) 

Revised 2030 

MVEB 

(tons/day) 

NOX ............................................................................................................................ 5.44 1.09 6.53 

VOC ........................................................................................................................... 2.06 0.41 2.47 

TABLE 5—REVISED 2035 MOTOR VEHICLE EMISSIONS BUDGETS FOR THE INDIANA PORTION OF THE CHICAGO NAPERVILLE

AREA 2008 OZONE MAINTENANCE PLAN IN TONS PER OZONE SEASON DAY

Pollutant 

Revised 2035 

onroad emissions 

(tons/day) 

Safety margin 

allocation 

(tons/day) 

Revised 2035 

MVEB 

(tons/day) 

NOX ............................................................................................................................ 5.08 1.02 6.10 

VOC ........................................................................................................................... 2.42 0.48 2.90 

V. What action is EPA taking? 

EPA is approving revisions to the 

2008 ozone maintenance plan for the 

Indiana portion of the ChicagoNaperville, IL-IN-WI area. The revisions 

will change the onroad emissions 

inventory for VOC and NOX for the 

years 2019, 2030, and 2035. The 

revisions will also change the budgets 

that are used for transportation 

conformity purposes. The revisions will 

keep the total emissions for the area at 

or below the attainment level required 

by law. This action will allow State or 

local agencies to continue to maintain 

air quality while providing for 

transportation growth. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective March 19, 2024 without further 

notice unless we receive relevant 

adverse written comments by February 

20, 2024. If we receive such comments, 

we will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. If we do not receive any 

comments, this action will be effective 

March 19, 2024. 

VI. Statutory and Executive Order 

Reviews 

Under the Clean Air Act (CAA), the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the CAA and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, 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: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993), and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a state program; 


ddrumheller on DSK120RN23PROD with RULES1
3574 Federal Register / Vol. 89, No. 13 / Friday, January 19, 2024 / Rules and Regulations 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ The Indiana Department of 

Environmental Management did not 

evaluate environmental justice 

considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA did not perform an EJ analysis and 

did not consider EJ in this action. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

This action is subject to the 

Congressional Review Act, and EPA will 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by March 19, 2024. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: January 10, 2024. 

Debra Shore, 

Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, title 40 CFR part 52 is 

amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. In § 52 .770, the table in paragraph 

(e) is amended by revising the entry for 

‘‘Lake and Porter Counties 2008 8-hour 

Ozone Maintenance Plan’’ to read as 

follows: 

§ 52.770 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Title Indiana date EPA approval Explanation 

Lake and Porter Counties 2008 8-hour 

Ozone Maintenance Plan.

9/21/2023 1/19/2024, [INSERT FEDERAL REGISTER CITATION].Updated Onroad Emissions Inventory 

and Motor Vehicle Emissions Budgets. 

* * * * * 

[FR Doc. 2024–00790 Filed 1–18–24; 8:45 am] 

BILLING CODE 6560–50–P 

NATIONAL FOUNDATION ON THE 

ARTS AND THE HUMANITIES 

National Endowment for the Arts 

45 CFR Parts 1149 and 1158 

RIN 3135–AA33 

Civil Penalties Adjustment for 2024 

AGENCY: National Endowment for the 

Arts, National Foundation on the Arts 

and the Humanities. 

ACTION: Final rule. 

SUMMARY: The National Endowment for 

the Arts (NEA) is adjusting the 

maximum civil monetary penalties 

(CMPs) that may be imposed for 

violations of the Program Fraud Civil 

Remedies Act (PFCRA) and the NEA’s 

Restrictions on Lobbying to reflect the 

requirements of the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (the 2015 

Act). The 2015 Act further amended the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 (the Inflation 

Adjustment Act) to improve the 

effectiveness of civil monetary penalties 

and to maintain their deterrent effect. 

This final rule provides the 2024 annual 

inflation adjustments to the initial 


ddrumheller on DSK120RN23PROD with RULES1