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Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations
2 If it has not already done so, provide the respondent with a written summary of the legal basis for the allegations. In addition, the Commission may, but is not required to provide a response to the defenses raised by respondent;
3 Provide a written basis for any monetary or other relief including the calculations underlying the initial conciliation proposal, and an explanation thereof. A written explanation is not required for subsequent offers and counteroffers;
4 If it has not already done so, advise the respondent in writing that the Commission has designated the case as systemic, class, or pattern or practice, if the designation has been made at the time of the conciliation, and the basis for the designation; and 5 Provide the respondent at least 14
calendar days to respond to the Commissions initial conciliation proposal.
c The Commission shall not disclose any information pursuant to paragraph b of this section where another federal law prohibits disclosure of that information or where the information is protected by privilege.
d Any information the Commission provides pursuant to paragraph b of this section to the respondent, except for information about another charging party or aggrieved individual, will also be provided to the charging party, upon request. Any information the Commission provides pursuant to paragraph b of this section to the respondent about an aggrieved individual will be provided to the aggrieved individual, upon request.
3. Amend 1626.15 by adding a new sentence to the end of paragraph d to read as follows:
1626.15

Commission enforcement.

d Any conciliation process under this paragraph shall follow the procedures as described in 1626.12.

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POSTAL SERVICE

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39 CFR Part 233
Inspection Service Authority; Civil Monetary Penalty Inflation Adjustment Postal ServiceTM.
Interim final rule.

AGENCY:
ACTION:

This document updates postal regulations by implementing inflation
SUMMARY:

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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.
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 2021 for statutory civil monetary penalties subject to the 2015
Act.
DATES: Effective date: January 14, 2021.
FOR FURTHER INFORMATION CONTACT:
Steven Sultan, 202 2687385, SESultan@uspis.gov.
SUPPLEMENTARY INFORMATION: The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 2015 Act, Public Law 11474, 129 Stat. 584, amended the Federal Civil Penalties Inflation Adjustment Act of 1990 1990 Act, Public Law 101410, 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 CPIU from the most recent October. OMB has furnished detailed instructions regarding the annual adjustment for 2021 in memorandum M2110, Implementation of Penalty Inflation Adjustments for 2021, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 December 23, 2020, https
www.whitehouse.gov/wp-content/
uploads/2020/12/M-21-10.pdf. This year, OMB has advised that an adjustment multiplier of 1.01182 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.

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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 106168, 113 Stat. 1811, 1814 see, 39 U.S.C. 3012a, c1, d, and 3017 g2, h1A; and section 1008 of the Postal Accountability and Enhancement Act, Public Law 109435, 120 Stat. 32593261 see, 39 U.S.C. 3018
c1A. 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. 3012aFalse Representations and Lottery Orders Under 39 U.S.C. 3005a13, 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. 3012a. The regulations implemented pursuant to this section currently impose a $73,951 penalty for each mailing less than 50,000 pieces, $147,899 for each mailing of 50,000 to 100,000 pieces, and $14,791 for each additional 10,000 pieces above 100,000
not to exceed $2,957,993. The new penalties will be as follows: A $74,825
penalty for each mailing less than 50,000 pieces, $149,647 for each mailing of 50,000 to 100,000 pieces, and $14,966
for each additional 10,000 pieces above 100,000 not to exceed $2,992,956.
39 U.S.C. 3012c1False 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. 3005a13, the Postal Service may assess a civil penalty. Currently, the amount of this penalty, set in the implementing regulations to 39 U.S.C. 3012c1, is $36,975 for each mailing that is less than 50,000 pieces, $73,951 for each mailing of 50,000 to 100,000 pieces, and an additional $7,395 for each additional 10,000 pieces above 100,000 not to exceed $1,478,996. The new penalties will be $37,412 for each mailing that is less than 50,000 pieces, $74,825 for each mailing of 50,000 to 100,000 pieces, and an additional $7,482 for each additional 10,000 pieces above 100,000 not to exceed $1,496,478.

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