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

11163 

Vol. 89, No. 31 

Wednesday, February 14, 2024 

MERIT SYSTEMS PROTECTION 

BOARD 

5 CFR Part 1201 

Civil Monetary Penalty Inflation 

Adjustment 

AGENCY: Merit Systems Protection 

Board. 

ACTION: Final rule. 

SUMMARY: This final rule adjusts the 

level of civil monetary penalties (CMPs) 

in regulations maintained and enforced 

by the Merit Systems Protection Board 

(MSPB) with an annual adjustment 

under the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 (the 2015 Act) and Office of 

Management and Budget (OMB) 

guidance. 

DATES: This final rule is effective on 

February 14, 2024. 

FOR FURTHER INFORMATION CONTACT: Gina 

K. Grippando, Clerk of the Board, Merit 

Systems Protection Board, 1615 M 

Street NW, Washington, DC 20419; 

phone: (202) 653–7200; fax: (202) 653– 

7130; or email: mspb@mspb.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Federal Civil Penalties Inflation 

Adjustment Act of 1990 (the 1990 Act), 

Public Law 101–410, provided for the 

regular evaluation of CMPs by Federal 

agencies. Periodic inflationary 

adjustments of CMPs ensure that the 

consequences of statutory violations 

adequately reflect the gravity of such 

offenses and that CMPs are properly 

accounted for and collected by the 

Federal Government. In April 1996, the 

1990 Act was amended by the Debt 

Collection Improvement Act of 1996 

(the 1996 Act), Public Law 104–134, 

requiring Federal agencies to adjust 

their CMPs at least once every four 

years. However, because inflationary 

adjustments to CMPs were statutorily 

capped at ten percent of the maximum 

penalty amount, but only required to be 

calculated every four years, CMPs in 

many cases did not correspond with the 

true measure of inflation over the 

preceding four-year period, leading to a 

decline in the real value of the penalty. 

To remedy this decline, the 2015 Act 

(section 701 of Pub. L. 114–74) requires 

agencies to adjust CMP amounts with 

annual inflationary adjustments through 

a rulemaking using a methodology 

mandated by the legislation. The 

purpose of these adjustments is to 

maintain the deterrent effect of civil 

penalties. 

A civil monetary penalty is ‘‘any 

penalty, fine, or other sanction’’ that: (1) 

‘‘is for a specific amount’’ or ‘‘has a 

maximum amount’’ under Federal law; 

and (2) a Federal agency assesses or 

enforces ‘‘pursuant to an administrative 

proceeding or a civil action in the 

Federal courts.’’ 28 U.S.C. 2461 note. 

The MSPB is authorized to assess 

CMPs pursuant to 5 U.S.C. 1215(a)(3) 

and 5 U.S.C. 7326 in disciplinary 

actions brought by the Special Counsel. 

The corresponding MSPB regulation for 

both CMPs is 5 CFR 1201.126(a). As 

required by the 2015 Act, and pursuant 

to guidance issued by OMB, MSPB is 

now making an annual adjustment for 

2024, according to the prescribed 

formulas. 

II. Calculation of Adjustment 

The CMP listed in 5 U.S.C. 1215(a)(3) 

was established in 1978 with the 

enactment of the Civil Service Reform 

Act of 1978 (CSRA), Public Law 95–454, 

section 202(a), 92 Stat. 1121–30 (Oct. 

13, 1978), and originally codified at 5 

U.S.C. 1207(b). That CMP was last 

amended by section 106 of the 

Whistleblower Protection Enhancement 

Act of 2012, Public Law 112–199, 12 

Stat. 1468 (Nov. 27, 2012), now codified 

at 5 U.S.C. 1215(a)(3), which provided 

for a CMP ‘‘not to exceed $1,000.’’ The 

CMP authorized in 5 U.S.C. 7326 was 

established in 2012 by section 4 of the 

Hatch Act Modernization Act of 2012 

(Hatch Act), Public Law 112–230, 126 

Stat. 1617 (Dec. 28, 2012), which 

provided for a CMP ‘‘not to exceed 

$1,000.’’ On January 24, 2023, MSPB 

issued a final rule which increased the 

maximum CMP allowed under both 5 

U.S.C. 1215(a)(3) and 5 U.S.C. 7326 to 

$1,288 for the year 2023. See 88 FR 4079 

(Jan. 24, 2023). This increase reflected 

the annual increase for the year 2023 

mandated by the 2015 Act. 

On December 19, 2023, OMB issued 

guidance on calculating the annual 

inflationary adjustment for 2024. See 

Memorandum from Shalanda D. Young, 

Director, OMB, to Heads of Executive 

Departments and Agencies re: 

Implementation of Penalty Inflation 

Adjustments for 2024, Pursuant to the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015, M–24–07 (Dec. 19, 2023). Therein, 

OMB notified agencies that the annual 

adjustment multiplier for 2024, based 

on the Consumer Price Index for All 

Urban Consumers (CPI–U), is 1.03241 

and that the 2024 annual adjustment 

amount is obtained by multiplying the 

2023 penalty amount by the 2024 

annual adjustment multiplier, and 

rounding to the nearest dollar. 

Therefore, the new maximum penalty 

under the CSRA and the Hatch Act is 

$1,288 × 1.03241 = $1,330.00. 

III. Effective Date of Penalties 

The revised CMP amounts will go into 

effect on February 14, 2024. All 

violations for which CMPs are assessed 

after the effective date of this rule will 

be assessed at the adjusted penalty level 

regardless of whether the violation 

occurred before the effective date. 

IV. Procedural Requirements 

A. Administrative Procedure Act 

Pursuant to 5 U.S.C. 553(b), MSPB has 

determined that good cause exists for 

waiving the general notice of proposed 

rulemaking and public comment 

procedures as to these technical 

amendments. The notice and comment 

procedures are being waived because 

Congress has specifically exempted 

agencies from these requirements when 

implementing the 2015 Act. The 2015 

Act explicitly requires 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. It is also 

in the public interest that the adjusted 

rates for CMPs under the CSRA and the 

Hatch Act become effective as soon as 

possible to maintain their effective 

deterrent effect. 

B. Regulatory Impact Analysis: 

Executive Order 12866 

The MSPB has determined that this is 

not a significant regulatory action under 


ddrumheller on DSK120RN23PROD with RULES1
11164 Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Rules and Regulations 

E.O. 12866. Therefore, no regulatory 

impact analysis is required. 

C. 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). As discussed above, 

the 2015 Act does not require agencies 

to first publish a proposed rule when 

adjusting CMPs within their 

jurisdiction. Thus, the RFA does not 

apply to this final rule. 

D. Paperwork Reduction Act 

This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13 (44 U.S.C. 

Chapter 35). 

E. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801, et seq.), the Office of 

Information and Regulatory Affairs 

designated this rule as not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 5 CFR Part 1201 

Administrative practice and 

procedure, Civil rights, Government 

employees. 

For the reasons set forth above, 5 CFR 

part 1201 is amended as follows: 

PART 1201—PRACTICES AND 

PROCEDURES 

■ 1. The authority citation for part 1201 

continues to read as follows: 

Authority: 5 U.S.C. 1204, 1305, and 7701, 

and 38 U.S.C. 4331, unless otherwise noted. 

§ 1201.126 [Amended] 

■ 2. Section 1201.126 is amended in 

paragraph (a) by removing ‘‘$1,288’’ and 

adding in its place ‘‘$1,330.’’ 

Jennifer Everling, 

Deputy Clerk of the Board. 

[FR Doc. 2024–03015 Filed 2–13–24; 8:45 am] 

BILLING CODE 7400–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1219; Project 

Identifier MCAI–2023–00004–T; Amendment 

39–22651; AD 2023–26–08] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Bombardier, Inc., Model CL–600–2B16 

(604 Variant) airplanes. This AD was 

prompted by a determination that a 

combination of system faults and 

procedural actions will cause the 

ground spoilers to deploy in the air. 

This AD requires revising the existing 

airplane flight manual (AFM) to add 

revised procedures. The FAA is issuing 

this AD to address the unsafe condition 

on these products. 

DATES: This AD is effective March 20, 

2024. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of March 20, 2024. 

ADDRESSES: 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–1219; 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 address for 

Docket Operations is U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

Material Incorporated by Reference: 

• For service information identified 

in this final rule, contact Bombardier 

Business Aircraft Customer Response 

Center, 400 Coˆte-Vertu Road West, 

Dorval, Que ́bec H4S 1Y9, Canada; 

telephone 514–855–2999; email: 

ac.yul@aero.bombardier.com; website: 

bombardier.com. 

• 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– 

2023–1219. 

FOR FURTHER INFORMATION CONTACT: 

William Reisenauer, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; 

telephone 516–228–7300; email 9-avsnyaco-cos@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to certain Bombardier, Inc., Model 

CL–600–2B16 (604 Variant) airplanes. 

The NPRM published in the Federal 

Register on July 5, 2023 (88 FR 42886). 

The NPRM was prompted by AD CF– 

2023–01, dated January 4, 2023, issued 

by Transport Canada (hereafter referred 

to as the MCAI), which is the aviation 

authority for Canada. The MCAI states 

that, during an in-service event, a 

combination of system faults and 

procedural actions caused the ground 

spoilers to deploy in the air. During this 

event, the WOW [weight-on-wheels] 

INPUT Caution message had posted on 

the engine indication and crew alerting 

system (EICSA) after takeoff. The WOW 

INPUT message persisted, even after the 

flightcrew executed the WOW INPUT 

Quick Reference Handbook (QRH) 

procedure. During this time, the GND 

SPLRS [ground spoilers] NOT ARMED 

message also posted, and the flightcrew 

consequently manually armed the 

ground spoilers as required by 

procedure. An investigation by 

Bombardier, Inc., revealed that a fault 

occurred in the proximity sensor 

electronic unit (PSEU), which 

erroneously indicated ON GROUND 

while the airplane was in the air. 

In the NPRM, the FAA proposed to 

require revision of the existing AFM to 

add revised procedures. The FAA is 

issuing this AD to address possible 

ground spoiler deployment leading to 

reduced controllability of the airplane, 

or excessive loss of altitude on final 

approach. 

You may examine the MCAI in the 

AD docket at regulations.gov under 

Docket No. FAA–2023–1219. 

Discussion of Final Airworthiness 

Directive 

Comments 

The FAA received one comment from 

a commenter who supported the NPRM 

without change. 

The FAA received additional 

comments from Bombardier. The 

following presents the comments 

received and the FAA’s responses. 


ddrumheller on DSK120RN23PROD with RULES1