Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 5649 

for a base term plus option years, with 

the total term not to exceed 10 years. 

§ 52.26 When may the Director terminate a 

contract? 

Contracts will contain appropriate 

provisions for suspension of operations 

and for termination by the Director for 

default, including, without limitation, 

unsatisfactory performance, or 

termination when necessary to achieve 

the purposes of the VEIA. 

§ 52.27 May an operator or professional 

services provider receive leasehold 

surrender interest in capital improvements? 

No. Operators and professional 

services providers will not receive 

leasehold surrender interest in capital 

improvements, as those terms are 

defined at 54 U.S.C. 101915. 

§ 52.28 Are operator rates subject to 

approval by the Director? 

(a) The Director may require prior 

approval of rates for services provided 

to visitors under a commercial services 

contract. 

(b) Generally, the Director will 

approve rates for services provided to 

visitors based upon market demand, 

although the Director may specify rates 

or rate methods for particular services 

based on factors other than market 

demand, such as to ensure affordability 

to a broad segment of visitors. 

§ 52.29 May operators assign or encumber 

commercial services contracts? 

Commercial services contracts will 

include provisions that require the 

Director’s approval prior to any 

assignment or encumbrance of the 

contract or any rights or interests under 

the contract to another operator. 

§ 52.30 How may commercial services 

contracts be funded? 

Contract funds will be provided to the 

operators, who will be solely 

responsible for maintaining and 

expending the funds on agreed-upon 

expenses. Commercial services contracts 

will clearly define what contract-related 

funds shall be considered revenue 

collected for the NPS and will provide 

for the periodic remittance of such 

funds to the NPS. 

Subpart D—Information and Access to 

Information 

§ 52.35 What records must the operator 

and professional services provider keep 

and what access does the Director have to 

records? 

Operators and professional services 

providers must keep any records that 

the Director may require for the term of 

the contract and for five calendar years 

after the termination or expiration of the 

contract to enable the Director to 

determine that all terms of the contract 

are or were faithfully performed. The 

Director, or an authorized representative 

of the Director, may access and examine 

all pertinent records, books, documents, 

and papers of the operator, professional 

services provider, and any 

subcontractor, parent, or affiliate of the 

operator or professional services 

provider (but with respect to parents 

and affiliates, only to the extent 

necessary to confirm the validity and 

performance of any representations or 

commitments made to the Director by a 

parent or affiliate of the operator or 

professional services provider). Further 

details on records maintenance and 

access will be set forth in and governed 

by the contracts themselves. 

§ 52. 36 What access does the Comptroller 

General have to records kept by operators 

and professional services providers? 

The Comptroller General of the 

United States, or an authorized 

representative of the Comptroller 

General, may access and examine all 

pertinent records, books, documents, 

and papers of the operator, professional 

services provider, and any 

subcontractor, parent, or affiliate of the 

operator or professional services 

provider (but with respect to parents 

and affiliates, only to the extent 

necessary to confirm the validity and 

performance of any representations or 

commitments made to the Director by a 

parent or affiliate of the operator or 

professional services provider) going 

back five years from the closing date of 

the last fiscal year of the operator or 

professional service provider. 

Subpart E—Miscellaneous 

§ 52.40 Does this part affect concession 

contracts under part 51 of this chapter? 

No, nothing in this part modifies the 

terms or conditions of any existing 

concession contract or the ability of the 

Director to enter into concession 

contracts under part 51 of this chapter. 

The 1998 Act (as that term is defined in 

part 51 of this chapter) remains in effect. 

§ 52.41 Does the VEIA expire? 

Yes. The Director may not award a 

contract under the VEIA after December 

16, 2025, unless extended by law. 

However, contracts awarded under the 

VEIA may continue beyond such date, 

subject to the terms of the particular 

contract. 

§ 52.42 Severability. 

A determination that any provision of 

this part is unlawful will not affect the 

validity of the remaining provisions. 

Shannon A. Estenoz, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2025–01206 Filed 1–16–25; 8:45 am] 

BILLING CODE 4312–52–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 

2025 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 17, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Steve 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. 

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 


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5650 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

‘‘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 

2025 in memorandum M–25–02, 

Implementation of Penalty Inflation 

Adjustments for 2025, Pursuant to the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (December 17, 2024), https://

www.whitehouse.gov/wp-content/ 

uploads/2024/12/M-25-02.pdf. This 

year, OMB has advised that an 

adjustment multiplier of 1.02598 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 $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. The new 

penalties will be as follows: a $90,709 

penalty for each mailing less than 

50,000 pieces, $181,414 for each mailing 

of 50,000 to 100,000 pieces, and $18,142 

for each additional 10,000 pieces above 

100,000 not to exceed $3,628,298. 

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 

$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. The new penalties 

will be $45,354 for each mailing that is 

less than 50,000 pieces, $90,709 for each 

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

an additional $9,072 for each additional 

10,000 pieces above 100,000 not to 

exceed $1,814,150. 

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 

$17,683 for each mailing. The new 

penalty will be $18,142. 

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 $3,536,422 per 

violation, pursuant to the implementing 

regulations. The new penalty may not 

exceed $3,628,298 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 $17,683 per violation for each mailing 

to an individual. The new penalty is 

$18,142 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 

$383, but not more than $152,461 for 

each violation, pursuant to the 

implementing regulations. The new 

penalty is at least $393, but not more 

than $156,422 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 $13,946. The 

new penalty amount is $14,308. 

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: 


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Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 5651 

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), remove ‘‘$88,412’’ 

and add in its place ‘‘$90,709’’, remove 

‘‘$176,820’’ and add in its place 

‘‘$181,414’’, remove ‘‘$17,683’’ and add 

in its place ‘‘$18,142’’, and remove 

‘‘$3,536,422’’ and add in its place 

‘‘$3,628,298’’. 

■ b. In paragraph (b), remove ‘‘$44,206’’ 

and add in its place ‘‘$45,354’’, remove 

‘‘$88,412’’ and add in its place 

‘‘$90,709’’, remove ‘‘$8,842’’ and add in 

its place ‘‘$9,072’’, and remove 

‘‘$1,768,212’’ and add in its place 

‘‘$1,814,150’’. 

■ c. In paragraph (c)(4), remove 

‘‘$17,683’’ and add in its place 

‘‘$18,142’’. 

■ d. In paragraph (d), remove 

‘‘$3,536,422’’ and add in its place 

‘‘$3,628,298’’. 

■ e. In paragraph (e), remove ‘‘$17,683’’ 

and add in its place ‘‘$18,142’’. 

■ f. In paragraph (f), remove ‘‘$383’’ and 

add in its place ‘‘$393’’ and remove 

‘‘$152,461’’ and add in its place 

‘‘$156,422’’. 

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), remove 

‘‘$13,946’’ and add in its place 

‘‘$14,308’’. 

■ b. In paragraph (b)(1)(ii), remove ‘‘As 

adjusted under Public Law 114–74, the 

penalty is $13,946 per claim.’’ 

■ c. In paragraph (b)(1)(iii), add at the 

end of the paragraph ‘‘As adjusted 

under Public Law 114–74, the penalty is 

$14,308 for each such statement.’’ 

Colleen Hibbert-Kapler, 

Attorney, Ethics & Legal Compliance. 

[FR Doc. 2025–01062 Filed 1–16–25; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 51 

[EPA–HQ–OAR–2024–0333; FRL–11817–02– 

OAR] 

RIN 2060–AW25 

State Implementation Plan Submittal 

Deadlines and Implementation 

Requirements for Reclassified 

Nonattainment Areas Under the Ozone 

National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing deadlines for 

submission of state implementation 

plan (SIP) revisions and implementation 

of the relevant control requirements that 

will apply for nonattainment areas 

reclassified as Moderate, Serious, and 

Severe under the current and any future 

ozone National Ambient Air Quality 

Standards (NAAQS) as a result of either 

failing to attain the standard by the 

applicable classification attainment date 

or the EPA granting a voluntary 

reclassification request. This final rule 

articulates the implementation 

requirements and timeframes that will 

apply for all such areas once 

reclassified. The EPA is also finalizing 

regulatory revisions to codify its 

existing interpretation that following 

reclassification, a state is no longer 

required to submit SIP revisions 

addressing certain, but not all, 

requirements related to the prior 

classification level for an ozone 

nonattainment area. 

DATES: This rule is effective on February 

18, 2025. 

ADDRESSES: The EPA established Docket 

ID No. EPA–HQ–OAR–2024–0333 for 

this action. All documents on the docket 

are listed at https://

www.regulations.gov. Although listed in 

the docket index, some information may 

not be publicly available, e.g., 

Confidential Business Information (CBI) 

or other information for which 

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. 

Docket materials are available 

electronically to the public through 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

information about this final rule, contact 

Erin Lowder, U.S. EPA, Office of Air 

Quality Planning and Standards, Air 

Quality Policy Division, C535–A 

Research Triangle Park, NC 27709; 

telephone number: (919) 541–5421; 

email address: lowder.erin@epa.gov; or 

Robert Lingard, U.S. EPA, Office of Air 

Quality Planning and Standards, Air 

Quality Policy Division, C539–01 

Research Triangle Park, NC 27709; by 

telephone number: (919) 541–5272; 

email address: lingard.robert@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

or ‘‘our’’ means the EPA. 

Table of Contents 

I. General Information 

A. Does this action apply to me? 

B. Where can I get a copy of this document 

and other related information? 

II. Overview and Basis of Final Rule 

A. Background and Summary of Final Rule 

B. Statutory Authority for Final Rule 

III. Final Actions 

A. Default Deadlines for Reclassified 

Nonattainment Areas Under the Ozone 

NAAQS 

1. Summary of Proposal 

2. Final Rule 

3. Comments and Responses 

a. Default Deadlines Generally 

b. SIP Submittal Deadline for All Elements, 

Except for the CAA Section 185 Fee 

Program Element 

c. SIP Submittal Deadline for the CAA 

section 185 Fee Program Element 

d. Deadline for RACT Implementation 

e. Deadline for I/M Implementation 

B. Status of Certain Requirements of 

Former Classification 

1. Summary of Proposal 

2. Final Rule 

3. Comments and Responses 

C. Serious Area SIP Revisions for the 2015 

Ozone NAAQS 

1. Summary of Proposal 

2. Final Rule 

3. Comments and Responses 

a. Due Date for Serious Area SIP Revisions 

and RACT Implementation 

b. Deadline for Serious Area I/M 

Implementation 

IV. Environmental Justice Considerations 

V. Judicial Review 

VI. Severability 

VII. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer 

Advancement Act (NTTAA) 


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