This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

3877 

Vol. 89, No. 14 

Monday, January 22, 2024 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 185 

RIN 3206–AO65 

Program Fraud Civil Remedies: Civil 

Monetary Penalty Inflation Adjustment 

AGENCY: Office of Personnel 

Management (OPM). 

ACTION: Final rule. 

SUMMARY: This rule adjusts the level of 

civil monetary penalties contained in 

U.S. Office of Personnel Management 

regulations implementing the Program 

Fraud Civil Remedies Act of 1986, in 

accordance with the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 and Office of 

Management and Budget guidance. 

DATES: Effective January 22, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Valerie Dew, Office of the General 

Counsel, Office of Personnel 

Management, 1900 E St. NW, 

Washington, DC 20415, Valerie.Dew@

opm.gov, (202) 606–1700. 

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, 28 U.S.C. 2461 note) 

(‘‘the Act’’). The Act required agencies 

to: (1) adjust the level of civil monetary 

penalties with an initial ‘‘catch-up’’ 

adjustment through an interim final 

rule, and (2) make subsequent annual 

adjustments for inflation not later than 

January 15 of each year. The purpose of 

these adjustments is to maintain the 

deterrent effect of civil penalties. OPM 

has updated the agency’s monetary 

penalties since the passage of the 2015 

Act. 

This rule takes into account 

adjustments for the year 2024 based on 

inflation since the last adjustment. 

These calculations were made based on 

guidance contained in Office of 

Management and Budget Memorandum 

M–24–07: 

CFR citation Description of the penalty 2023 Inflation 

adjustment 

2024 Inflation 

adjustment 

5 CFR 185.103(a) ..................................................... Civil Penalty for False Claims .................................. $13,508 $13,946 

5 CFR 185.103(f)(2) ................................................. Civil Penalty for False Statements ........................... 13,508 13,946 

This final rule is being issued without 

prior public notice or opportunity for 

public comments and is effective upon 

publication in the Federal Register. The 

2015 Act’s amendments to the Inflation 

Adjustment Act required the agency to 

adjust penalties initially through an 

interim final rulemaking, which did not 

require the agency to complete a notice 

and comment process prior to 

promulgating the interim final rule. The 

amendments also explicitly required the 

agency to make subsequent annual 

adjustments notwithstanding 5 U.S.C. 

553 (the section of the Administrative 

Procedure Act that normally requires 

agencies to engage in notice and 

comment and to delay the effective 

date). The formula used for adjusting 

the amount of civil penalties is given by 

statute, with no discretion provided to 

OPM regarding the computation of the 

adjustments. OPM is charged only with 

performing ministerial computations to 

determine the amount of adjustment to 

the civil penalties due to increases in 

the Consumer Price Index for all Urban 

Consumers (CPI–U). 

II. Calculation of Adjustment 

The Office of Management and Budget 

(OMB) issues guidance annually on 

calculating adjustments. Under this 

guidance, OPM has described how to 

identify applicable civil monetary 

penalties and calculated the annual 

adjustment. 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. The 

calculated catch-up adjustment is based 

on the percent change between the 

Consumer Price Index for all Urban 

Consumers (CPI–U) for the month of 

October in the year of the previous 

adjustment (or in the year of 

establishment, if no adjustment has 

been made) and the October 2015 CPI– 

U. 

Office of Management and Budget 

Memorandum M 24–07 stated that the 

cost-of-living multiplier for calculating 

adjustments in 2024 was 1.03241. This 

multiplier is to be applied to the current 

level of civil monetary penalties for 

agencies. When OPM’s 2023 penalties of 

$13,508 are multiplied by 1.03241 and 

rounded to the nearest dollar, the 

resulting penalty amount is $13,946. 

III. Procedural Requirements 

A. Regulatory Review 

OPM has examined the impact of this 

rule as required by Executive Orders 

12866, 13563, and 14094, which direct 

agencies to assess all costs and benefits 

of available regulatory alternatives and, 

if regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety effects, distributive impacts, 

and equity). OMB has determined that 

this rule is not a ‘‘significant regulatory 

action’’ under section 3(f) of Executive 

Order 12866, as amended by Executive 

Order 14094. 

B. Regulatory Flexibility Act and Small 

Business Regulatory Enforcement 

Fairness Act 

The Regulatory Flexibility Act (RFA), 

as amended by the Small Business 

Regulatory Enforcement Fairness Act (5 

U.S.C. 804(2)), 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 


ddrumheller on DSK120RN23PROD with RULES1
3878 Federal Register / Vol. 89, No. 14 / Monday, January 22, 2024 / Rules and Regulations 

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 Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 requires agencies to adjust 

civil penalties annually. No discretion is 

allowed. Thus, the RFA does not apply 

to this final rule. 

C. Unfunded Mandate Reform Act of 

1995 (2 U.S.C. 1532) 

This rule does not involve a Federal 

mandate that may result in the 

expenditure by State, local and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

and will not significantly or uniquely 

affect small governments. 

D. E.O. 12630, Takings 

This rule does not have takings 

implications. 

E. E.O. 13132, Federalism 

This rule does not have federalism 

implications. The rule does not have 

substantial direct effects on the States, 

on the relationship between the 

National Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 

F. E.O. 12988, Civil Justice Reform 

This rule complies with the 

requirements of E.O. 12988. 

Specifically, this rule: 

(a) Does not unduly burden the 

judicial system. 

(b) 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 

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

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

G. E.O. 13175, Consultation With Indian 

Tribes 

In accordance with Executive Order 

13175, OPM has evaluated this rule and 

determined that it has no tribal 

implications. 

H. Paperwork Reduction Act 

This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. 

List of Subjects in 5 CFR Part 185 

Claims, Fraud, Penalties. 

Office of Personnel Management. 

Kayyonne Marston, 

Federal Register Liaison. 

For the reasons set forth in the 

preamble, OPM amends 5 CFR part 185 

as follows: 

PART 185—PROGRAM FRAUD CIVIL 

REMEDIES 

■ 1. The authority citation for part 185 

continues to read as follows: 

Authority: 28 U.S.C. 2461 note; 31 U.S.C. 

3801–3812. 

§ 185.103 [Amended] 

■ 2. In § 185.103, amend paragraphs (a) 

introductory text and (f)(2) by removing 

‘‘$13,508’’ and adding ‘‘$13,946’’ in its 

place. 

[FR Doc. 2024–01085 Filed 1–19–24; 8:45 am] 

BILLING CODE 6325–48–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2024–0033; Project 

Identifier MCAI–2023–01206–T; Amendment 

39–22661; AD 2024–01–10] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

Airbus SAS Model A330–200, A330– 

200 Freighter, A330–300, A330–800, 

A330–900, A340–500, and A340–600 

series airplanes. This AD was prompted 

by a report of temporary loss of the 

flight director (FD) and autothrottle (A/ 

THR) on an airplane dispatched under 

the provisions of a master minimum 

equipment list (MMEL) item for fuel 

quantity indication (FQI). This AD 

requires revising the operator’s existing 

FAA-approved minimum equipment list 

(MEL), as specified in a European Union 

Aviation Safety Agency (EASA) AD, 

which is incorporated by reference. The 

FAA is issuing this AD to address the 

unsafe condition on these products. 

DATES: This AD is effective February 6, 

2024. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of February 6, 2024. 

The FAA must receive comments on 

this AD by March 7, 2024. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

regulations.gov. Follow the instructions 

for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2024–0033; or in person at 

Docket Operations between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The AD docket 

contains this final rule, the mandatory 

continuing airworthiness information 

(MCAI), any comments received, and 

other information. The street address for 

Docket Operations is listed above. 

Material Incorporated by Reference: 

• For material incorporated by 

reference in this AD, contact EASA, 

Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; phone +49 221 8999 

000; email ADs@easa.europa.eu; 

website easa.europa.eu. You may find 

this material on the EASA website at 

ad.easa.europa.eu. 

• You may view this service 

information at the FAA, Airworthiness 

Products Section, Operational Safety 

Branch, 2200 South 216th St., Des 

Moines, WA. For information on the 

availability of this material at the FAA, 

call 206–231–3195. It is also available at 

regulations.gov under Docket No. FAA– 

2024–0033. 

FOR FURTHER INFORMATION CONTACT: 

Vladimir A. Ulyanov, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; phone 

206–231–3229; email vladimir.ulyanov@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written data, views, or arguments about 

this final rule. Send your comments to 

an address listed under ADDRESSES. 

Include ‘‘Docket No. FAA–2024–0033; 

Project Identifier MCAI–2023–01206–T’’ 

at the beginning of your comments. The 

most helpful comments reference a 

specific portion of the final rule, explain 

the reason for any recommended 

change, and include supporting data. 


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