46 C.F.R. § 506.4   Cost of living adjustments of civil monetary penalties.


Title 46 - Shipping


Title 46: Shipping
PART 506—CIVIL MONETARY PENALTY INFLATION ADJUSTMENT

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§ 506.4   Cost of living adjustments of civil monetary penalties.

(a) The inflation adjustment under §506.3 shall be determined by increasing the maximum civil monetary penalty for each civil monetary penalty by the cost-of-living adjustment. Any increase determined under this subsection shall be rounded to the nearest:

(1) Multiple of $10 in the case of penalties less than or equal to $100;

(2) Multiple of $100 in the case of penalties greater than $100 but less than or equal to $1,000;

(3) Multiple of $1,000 in the case of penalties greater than $1,000 but less than or equal to $10,000;

(4) Multiple of $5,000 in the case of penalties greater than $10,000 but less than or equal to $100,000;

(5) Multiple of $10,000 in the case of penalties greater than $100,000 but less than or equal to $200,000; and

(6) Multiple of $25,000 in the case of penalties greater than $200,000.

(b) For purposes of paragraph (a) of this section, the term `cost-of-living adjustment' means the percentage (if any) for each civil monetary penalty by which the Consumer Price Index for the month of June of the calendar year preceding the adjustment, exceeds the Consumer Price Index for the month of June of the calendar year in which the amount of such civil monetary penalty was last set or adjusted pursuant to law.

(c) Limitation on initial adjustment. The first adjustment of civil monetary penalty pursuant to §506.3 may not exceed 10 percent of such penalty.

(d) Inflation adjustment. Maximum civil monetary penalties within the jurisdiction of the Federal Maritime Commission are adjusted for inflation as follows:

 ----------------------------------------------------------------------------------------------------------------                                                                                                  New adjusted           United States Code Citation              Civil Monetary Penalty     Current maximum   maximum penalty                                                          description          penalty amount        amount----------------------------------------------------------------------------------------------------------------46 U.S.C. app. sec. 817d........................  Failure to establish                   5,500             6,000                                                   financial responsibility                220           \1\ 220                                                   for death or injury.46 U.S.C. app. sec. 817e........................  Failure to establish                   5,500             6,000                                                   financial responsibility                220           \1\ 220                                                   for non-performance of                                                   transportation.46 U.S.C. app. sec. 876.........................  Failure to provide                     5,500             6,000                                                   required reports,                                                   etc._Merchant Marine Act                                                   of 1920.46 U.S.C. app. sec. 876.........................  Adverse shipping                   1,100,000         1,175,000                                                   conditions/Merchant                                                   Marine Act of 1920.46 U.S.C. app. sec. 876.........................  Operating after tariff or             55,000            60,000                                                   service contract                                                   suspension/Merchant                                                   Marine Act of 1920.46 U.S.C. app. sec. 1710a.......................  Adverse impact on U.S.             1,100,000         1,175,000                                                   carriers by foreign                                                   shipping practices.46 U.S.C. app. sec. 1712........................  Operating in foreign                  55,000            60,000                                                   commerce after tariff                                                   suspension.46 U.S.C. app. sec. 1712........................  Knowing and willful                   27,500            30,000                                                   violation/Shipping Act of                                                   1984 or Commission                                                   regulation or order.46 U.S.C. app. sec. 1712........................  Violation of Shipping Act              5,500             6,000                                                   of 1984, Commission                                                   regulation or order, not                                                   knowing or willful.31 U.S.C. sec. 3802(a)(1).......................  Program Fraud Civil                    5,500             6,000                                                   Remedies Act/giving false                                                   statement.31 U.S.C. sec. 3802(a)(2).......................  Program Fraud Civil                    5,500             6,000                                                   Remedies Act/giving false                                                   statement.----------------------------------------------------------------------------------------------------------------\1\ Application of the statutory rounding resulted in no increase to these penalties.

[61 FR 52705, Oct. 8, 1996, as amended at 64 FR 23550, May 3, 1999; 65 FR 49741, Aug. 15, 2000]

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