49 C.F.R. Subpart H—Civil Monetary Penalty Inflation Adjustment
Title 49 - Transportation
(a) This subpart provides a mechanism for the regular adjustment for inflation of civil monetary penalties in conformity with the Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. 2461 (note), as amended, in order to maintain the deterrent effect of civil monetary penalties and to promote compliance with the law. This subpart also sets out the current adjusted maximum civil monetary penalties or range of minimum and maximum civil monetary penalties for each statutory civil penalty subject to the TSA's jurisdiction. (b) Each adjustment to the maximum civil monetary penalty or the range of minimum and maximum civil monetary penalties, as applicable, made in accordance with this subpart applies prospectively from the date it becomes effective to actions initiated under this part, notwithstanding references to a specific maximum civil monetary penalty or range of minimum and maximum civil monetary penalties contained elsewhere in this part. The following definitions apply to this subpart: Civil monetary penalty means any penalty, fine, or other sanction that: (1) Is for a specific monetary amount as provided by Federal law or has a maximum amount provided by Federal law; (2) Is assessed or enforced by the TSA pursuant to Federal law; and (3) Is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts. Consumer Price Index means the Consumer Price Index for all urban consumers published by the Department of Labor. (a) Adjustment determination. Except for the limitation to the initial adjustment to statutory maximum civil monetary penalties or range of minimum and maximum civil monetary penalties set forth in paragraph (c) of this section, the inflation adjustment under this subpart is determined by increasing the maximum civil monetary penalty or range of minimum and maximum civil monetary penalty for each civil monetary penalty by the cost-of-living adjustment. Any increase determined under this paragraph (a) is 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) Definition. 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 initial adjustment of maximum civil penalty or range of minimum and maximum civil monetary penalties made pursuant to this subpart does not exceed 10 percent of the statutory maximum civil penalty before an adjustment under this subpart is made. This limitation applies only to the initial adjustment, effective on January 21, 1997. (d) Inflation adjustment. Minimum and maximum civil monetary penalties within the jurisdiction of the TSA are adjusted for inflation as follows:
Title 49: Transportation
PART 1503—INVESTIGATIVE AND ENFORCEMENT PROCEDURES
Subpart H—Civil Monetary Penalty Inflation Adjustment
§ 1503.301 Scope and purpose.
§ 1503.303 Definitions.
§ 1503.305 Cost of living adjustments of civil monetary penalties.
Minimum and Maximum Civil Penalties_Adjusted for Inflation, Effective March 13, 2002-------------------------------------------------------------------------------------------------------------------------------------------------------- Maximum penalty Civil monetary penalty New adjusted minimum amount when last set New or adjusted United States Code citation description Minimum penalty penalty amount or adjusted pursuant maximum penalty to law amount--------------------------------------------------------------------------------------------------------------------------------------------------------49 U.S.C. 46301(a)(1).............. Violations of N/A................... N/A.................. $1,100 per violation, $1,100 per violation, statutory provisions adjusted 1/21/97. adjusted 1/21/97. listed in 49 U.S.C. 46301(a)(1), regulations prescribed, or orders issued under those provisions.49 U.S.C. 46301(a)(2).............. Violations of N/A................... N/A.................. $11,000 per $11,000 per statutory provisions violation, adjusted violation, adjusted listed in 49 U.S.C. 1/21/97. 1/21/97. 46301(a)(2), regulations prescribed, or orders issued under those provisions by a person operating an aircraft for the transportation of passengers or property for compensation.--------------------------------------------------------------------------------------------------------------------------------------------------------
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