11740 Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Rules and Regulations 

& First-Class Package International 

Service Contract 5 

International Priority Airmail, Commercial 

ePacket, Priority Mail Express 

International, Priority Mail International 

& First-Class Package International 

Service Contract 6 

International Priority Airmail, Commercial 

ePacket, Priority Mail Express 

International, Priority Mail International 

& First-Class Package International 

Service Contract 9 

International Priority Airmail, Commercial 

ePacket, Priority Mail Express 

International, Priority Mail International 

& First-Class Package International 

Service Contract 11 

International Priority Airmail, Commercial 

ePacket, Priority Mail Express 

International, Priority Mail International 

& First-Class Package International 

Service Contract 12 

International Priority Airmail, Commercial 

ePacket, Priority Mail Express 

International, Priority Mail International 

& First-Class Package International 

Service Contract 13 

International Priority Airmail, Commercial 

ePacket, Priority Mail Express 

International, Priority Mail International 

& First-Class Package International 

Service Contract 14 

International Priority Airmail, Commercial 

ePacket, Priority Mail Express 

International, Priority Mail International 

& First-Class Package International 

Service Contract 15 

International Priority Airmail, Commercial 

ePacket, Priority Mail Express 

International, Priority Mail International 

& First-Class Package International 

Service with Reseller Contracts 

International Priority Airmail, Commercial 

ePacket, Priority Mail Express 

International, Priority Mail International 

& First-Class Package International 

Service with Reseller Contract 2 

International Priority Airmail, Commercial 

ePacket, Priority Mail Express 

International, Priority Mail International 

& First-Class Package International 

Service with Reseller Contract 3 

International Priority Airmail, Commercial 

ePacket, Priority Mail Express 

International, Priority Mail International 

& First-Class Package International 

Service with Reseller Contract 4 

International Priority Airmail, Commercial 

ePacket, Priority Mail Express 

International, Priority Mail International 

& First-Class Package International 

Service with Reseller Contract 5 

International Priority Airmail, Commercial 

ePacket, Priority Mail Express 

International, Priority Mail International 

& First-Class Package International 

Service with Reseller Contract 6 

International Priority Airmail, Commercial 

ePacket, Priority Mail Express 

International, Priority Mail International 

& First-Class Package International 

Service with Reseller Contract 7 

International Priority Airmail, Commercial 

ePacket, Priority Mail Express 

International, Priority Mail International 

& First-Class Package International 

Service with Reseller Contract 8 

International Priority Airmail Contracts 

International Priority Airmail, International 

Surface Air Lift, Commercial ePacket, 

Priority Mail Express International, 

Priority Mail International & First-Class 

Package International Service Contracts 

International Priority Airmail, 

International Surface Air Lift, 

Commercial ePacket, Priority Mail 

Express International, Priority Mail 

International & First-Class Package 

International Service Contract 1 

International Priority Airmail, International 

Surface Air Lift, Commercial ePacket, 

Priority Mail Express International, 

Priority Mail International & First-Class 

Package International Service with 

Reseller Contracts 

Inbound International * 

International Business Reply Service (IBRS) 

Competitive Contracts 

International Business Reply Service 

Competitive Contract 1 

International Business Reply Service 

Competitive Contract 3 

Inbound Direct Entry Contracts with 

Customers 

Inbound Direct Entry Contracts with Foreign 

Postal Administrations 

Inbound Direct Entry Contracts with Foreign 

Postal Administrations 

Inbound Direct Entry Contracts with 

Foreign Postal Administrations 1 

Inbound EMS 

Inbound EMS 2 

Inbound Air Parcel Post (at non-UPU rates) 

Inbound Competitive Multi-Service 

Agreements with Foreign Postal 

Operators 

Inbound Competitive Multi-Service 

Agreements with Foreign Postal 

Operators 1 

SPECIAL SERVICES * 

Address Enhancement Services 

Greeting Cards, Gift Cards, and Stationery 

International Ancillary Services 

International Money Transfer Service— 

Outbound 

International Money Transfer Service— 

Inbound 

Premium Forwarding Service 

Shipping and Mailing Supplies 

Post Office Box Service 

Competitive Ancillary Services 

NONPOSTAL SERVICES * 

Advertising 

Licensing of Intellectual Property other than 

Officially Licensed Retail Products 

(OLRP) 

Mail Service Promotion 

Officially Licensed Retail Products (OLRP) 

Passport Photo Service 

Photocopying Service 

Rental, Leasing, Licensing or other Non-Sale 

Disposition of Tangible Property 

Training Facilities and Related Services 

USPS Electronic Postmark (EPM) Program 

MARKET TESTS * 

[FR Doc. 2024–03060 Filed 2–14–24; 8:45 am] 

BILLING CODE 7710–FW–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

43 CFR Part 10 

[NPS–WASO–NAGPRA–NPS0037190; 

PPWOVPADU0/PPMPRLE1Y.Y00000] 

RIN 1024–AE85 

Civil Penalties Inflation Adjustments 

AGENCY: Office of the Secretary, Interior. 

ACTION: Final rule. 

SUMMARY: This rule revises U.S. 

Department of the Interior regulations 

implementing the Native American 

Graves Protection and Repatriation Act 

(NAGPRA) to provide for annual 

adjustments of civil penalties to account 

for inflation under the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 and Office of 

Management and Budget guidance. The 

purpose of these adjustments is to 

maintain the deterrent effect of civil 

penalties and to further the policy goals 

of the underlying statute. 

DATES: This rule is effective on February 

15, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Melanie O’Brien, Manager, National 

NAGPRA Program, (202) 354–2204, 

National Park Service, 1849 C Street 

NW, Washington, DC 20240. Individuals 

in the United States who are deaf, 

deafblind, hard of hearing, or have a 

speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 2, 2015, the President 

signed into law the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (Sec. 701 of 

Pub. L. 114–74) (‘‘the Act’’). The Act 

requires Federal agencies to adjust the 

level of civil monetary penalties 

annually for inflation no later than 

January 15 of each year. 

II. Calculation of Annual Adjustments 

The Office of Management and Budget 

(OMB) recently issued guidance to assist 

Federal agencies in implementing the 

annual adjustments required by the Act 

which agencies must complete by 

January 15, 2024. See December 19, 

2023, Memorandum for the Heads of 

Executive Departments and Agencies, 

from Shalanda D. Young, Director, 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Rules and Regulations 11741 

1The DOI published a final rule in the Federal 

Register on December 13, 2023 (88 FR 86452) 

revising the NAGPRA implementing regulations. 

That final rule incorrectly codified the 2022 civil 

penalty amounts. This final rule appropriately 

adjusts the civil penalty amounts for 2024. 

Office of Management and Budget, re: 

Implementation of Penalty Inflation 

Adjustments for 2024, Pursuant to the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (M–24–07). The guidance states 

that the cost-of-living adjustment 

multiplier for 2024, based on the 

Consumer Price Index (CPI–U) for the 

month of October 2023, not seasonally 

adjusted, is 1.03241. 

Annual inflation adjustments are 

based on the percent change between 

each published October’s CPI–U. In this 

case, October 2023 CPI–U (307.671)/ 

October 2022 CPI–U (298.012) = 

1.03241. The guidance instructs 

agencies to complete the 2024 annual 

adjustment by multiplying each 

applicable penalty by the multiplier, 

1.03241, and rounding to the nearest 

dollar. 

The annual adjustment applies to all 

civil monetary penalties with a dollar 

amount that are subject to the Act. A 

civil monetary penalty is any 

assessment with a dollar amount that is 

levied for a violation of a Federal civil 

statute or regulation, and is assessed or 

enforceable through a civil action in 

Federal court or an administrative 

proceeding. A civil monetary penalty 

does not include a penalty levied for 

violation of a criminal statute, or fees for 

services, licenses, permits, or other 

regulatory review. This final rule adjusts 

the following civil monetary penalties 

contained in the Department of the 

Interior regulations implementing the 

Native American Graves Protection and 

Repatriation Act (NAGPRA) for 2024 by 

multiplying 1.03241 by each penalty 

amount as updated by the adjustment 

made in 2023: 1

CFR Citation Description of the penalty 2022 Penalty 2023 Penalty 

Annual 

adjustment 

(multiplier) 

2024 Adjusted 

penalty 

43 CFR 10.11(c)(1) ........................... Failure of Museum to Comply .......... $7,475 $8,054 1.03241 $8,315 

43 CFR 10.11(g)(4) ........................... Continued Failure to Comply Per 

Day.

1,496 1,612 1.03241 1,664 

Consistent with the Act, the adjusted 

penalty levels for 2024 will take effect 

immediately upon the effective date of 

the adjustment. The adjusted penalty 

levels for 2024 will apply to penalties 

assessed after that date including, if 

consistent with agency policy, 

assessments associated with violations 

that occurred on or after November 2, 

2015. The Act does not, however, 

change previously assessed penalties 

that the Department is collecting or has 

collected. Nor does the Act change an 

agency’s existing statutory authorities to 

adjust penalties. 

III. Procedural Requirements 

A. Compliance With Other Laws, 

Executive Orders, and Department 

Policy. Regulatory Planning and Review 

(Executive Orders 12866, 13563, and 

14094) 

Executive Order 12866 provides that 

the Office of Information and Regulatory 

Affairs in the Office of Management and 

Budget will review all significant rules. 

The Office of Information and 

Regulatory Affairs has determined that 

this rule is not significant. 

Executive Order 14094 amends 

Executive Order 12866 and reaffirms the 

principles of Executive Order 12866 and 

Executive Order 13563 and states that 

regulatory analysis should facilitate 

agency efforts to develop regulations 

that serve the public interest, advance 

statutory objectives, and be consistent 

with Executive Order 12866, Executive 

Order 13563, and the Presidential 

Memorandum of January 20, 2021 

(Modernizing Regulatory Review). 

Regulatory analysis, as practicable and 

appropriate, shall recognize distributive 

impacts and equity, to the extent 

permitted by law. 

Executive Order 13563 reaffirms the 

principles of Executive Order 12866 

while calling for improvements in the 

nation’s regulatory system to promote 

predictability, to reduce uncertainty, 

and to use the best, most innovative, 

and least burdensome tools for 

achieving regulatory ends. Executive 

Order 13563 directs agencies to consider 

regulatory approaches that reduce 

burdens and maintain flexibility and 

freedom of choice for the public where 

these approaches are relevant, feasible, 

and consistent with regulatory 

objectives. Executive Order 13563 

emphasizes further that regulations 

must be based on the best available 

science and that the rulemaking process 

must allow for public participation and 

an open exchange of ideas. The NPS has 

developed this rule in a manner 

consistent with these requirements. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

requires an agency to prepare a 

regulatory flexibility analysis for rules 

unless the agency certifies that the rule 

will not have a significant economic 

impact on a substantial number of small 

entities. The RFA applies only to rules 

for which an agency is required to first 

publish a proposed rule. See 5 U.S.C. 

603(a) and 604(a). The RFA does not 

apply to this final rule because the 

Office of the Secretary is not required to 

publish a proposed rule for the reasons 

explained below in Section III.L. 

C. Congressional Review Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Congressional Review 

Act. This rule: 

(a) Does not have an annual effect on 

the economy of $100 million or more. 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

(c) Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

D. Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

Tribal governments, or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 

unique effect on State, local, or Tribal 

governments or the private sector. A 

statement containing the information 

required by the Unfunded Mandates 

Reform Act (2 U.S.C. 1531 et seq.) is not 

required. 

E. Takings (E.O. 12630) 

This rule does not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630. A takings implication 

assessment is not required. 


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11742 Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Rules and Regulations 

F. Federalism (E.O. 13132) 

Under the criteria in section 1 of 

Executive Order 13132, this rule does 

not have sufficient federalism 

implications to warrant the preparation 

of a federalism summary impact 

statement. A federalism summary 

impact statement is not required. 

G. Civil Justice Reform (E.O. 12988) 

This rule complies with the 

requirements of E.O. 12988. 

Specifically, this rule: 

(a) Meets the criteria of section 3(a) 

requiring that all regulations be 

reviewed to eliminate errors and 

ambiguity and be written to minimize 

litigation; and 

(b) Meets the criteria of section 3(b)(2) 

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

H. Consultation With Indian Tribes 

(E.O. 13175 and Departmental Policy) 

The Department of the Interior strives 

to strengthen its government-togovernment relationship with Indian 

Tribes through a commitment to 

consultation with Indian Tribes and 

recognition of their right to selfgovernance and Tribal sovereignty. The 

Department has evaluated this rule 

under its consultation policy and under 

the criteria in Executive Order 13175 

and has determined that the rule has no 

substantial direct effects on federally 

recognized Indian Tribes and that 

consultation under the Department’s 

Tribal consultation policy is not 

required. 

I. Paperwork Reduction Act 

This rule does not contain 

information collection requirements, 

and a submission to the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq) is not required. We may not 

conduct or sponsor, and you are not 

required to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

J. National Environmental Policy Act 

(NEPA) 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. A 

detailed statement under the NEPA is 

not required because the rule is covered 

by a categorical exclusion. This rule is 

excluded from the requirement to 

prepare a detailed statement because it 

is a regulation of an administrative 

nature. (For further information see 43 

CFR 46.210(i).) We have also 

determined that the rule does not 

involve any of the extraordinary 

circumstances listed in 43 CFR 46.215 

that would require further analysis 

under NEPA. 

K. Effects on the Energy Supply (E.O. 

13211) 

This rule is not a significant energy 

action under the definition in Executive 

Order 13211; the rule is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy, 

and the rule has not otherwise been 

designated by the Administrator of 

Office of Information and Regulatory 

Affairs as a significant energy action. A 

Statement of Energy Effects is not 

required. 

L. Administrative Procedure Act 

The Act requires agencies to publish 

annual inflation adjustments by no later 

than January 15 of each year, 

notwithstanding section 553 of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553). OMB has interpreted this 

direction to mean that the usual 

procedure for rulemaking under the 

APA—which includes public notice of a 

proposed rule, an opportunity for public 

comment, and a delay in the effective 

date of a final rule—is not required 

when agencies issue regulations to 

implement the annual adjustments to 

civil penalties that the Act requires. 

Accordingly, we are issuing the 2024 

annual adjustments as a final rule 

without prior notice or an opportunity 

for comment and with an effective date 

immediately upon publication in the 

Federal Register. 

List of Subjects in 43 CFR Part 10 

Administrative practice and 

procedure, Alaska, Cemeteries, 

Citizenship and naturalization, Colleges 

and universities, Hawaiian Natives, 

Historic preservation, Human remains, 

Indians, Indians—claims, Indians—law, 

Indians—lands, Museums, Penalties, 

Public lands, Reporting and 

recordkeeping requirements, Treaties. 

For the reasons given in the preamble, 

the Office of the Secretary amends 43 

CFR part 10 as follows: 

PART 10—NATIVE AMERICAN 

GRAVES PROTECTION AND 

REPATRIATION REGULATIONS 

■ 1. The authority citation for part 10 

continues to read as follows: 

Authority: 25 U.S.C. 3001 et seq. and 25 

U.S.C. 9. 

§ 10.11 [Amended] 

■ 2. In § 10.11: 

■ a. In paragraph (c)(1), remove 

‘‘$7,475’’ and add in its place ‘‘$8,315’’. 

■ b. In paragraph (g)(4), remove 

‘‘$1,496’’ and add in its place ‘‘$1,664’’. 

Shannon Estenoz, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2024–02964 Filed 2–14–24; 8:45 am] 

BILLING CODE 4312–52–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[WT Docket No. 19–38; FCC 22–53; FR ID 

201127] 

Partitioning, Disaggregation, and 

Leasing of Spectrum; Correction 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; correction. 

SUMMARY: The Federal Communications 

Commission is correcting a final rule 

that appeared in the Federal Register on 

September 20, 2022. The document 

modified partitioning, disaggregation, 

and leasing rules to provide specific 

incentives for small carriers and Tribal 

Nations, and entities in rural areas, to 

voluntarily participate in the Enhanced 

Competition Incentive Program (ECIP). 

The ECIP proceeding is in response to 

Congressional direction in the Making 

Opportunities for Broadband Investment 

and Limiting Excessive and Needless 

Obstacles to Wireless Act (MOBILE 

NOW Act) to consider steps to increase 

the diversity of spectrum access and the 

availability of advanced 

telecommunications services in rural 

areas. The ECIP will promote greater 

competition in the provision of wireless 

services, facilitate increased availability 

of advanced wireless services in rural 

areas, facilitate new opportunities for 

small carriers and Tribal Nations to 

increase access to spectrum, and bring 

more advanced wireless service 

including 5G to underserved 

communities. 

DATES: This correction is effective 

February 15, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Asous, Stephanie.Asous@

fcc.gov, Wireless Telecommunications 

Bureau, Mobility Division, (202) 418– 

2155. 

SUPPLEMENTARY INFORMATION: The 

general effective date for the final rule 

published September 20, 2022, at 87 FR 

57403, which included the addition of 

47 CFR 1.60001 through 1.60007, was 

October 20, 2022. Sections 1.60001 

through 1.60007 were delayed 

indefinitely, and the Commission stated 


khammond on DSKJM1Z7X2PROD with RULES