46 CFR 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:
(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
(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:
|United States Codecitation||Civil monetary penalty description||Currentmaximum penalty amount||New adjustedmaximum penalty amount|
|46 U.S.C. 42304||Adverse impact on U.S. carriers by foreign shipping practices||1,175,000||1,500,000|
|46 U.S.C. 41107(a)||Knowing and willful violation/Shipping Act of 1984, or Commission regulation or order||30,000||40,000|
|46 U.S.C. 41107(a)||Violation of Shipping Act of 1984, Commission regulation or order, not knowing and willful||6,000||8,000|
|46 U.S.C. 41108(b)||Operating in foreign commerce after tariff suspension||60,000||75,000|
|46 U.S.C. 42104||Failure to provide required reports, etc./Merchant Marine Act of 1920||6,000||8,000|
|46 U.S.C. 42106||Adverse shipping conditions/Merchant Marine Act of 1920||1,175,000||1,500,000|
|46 U.S.C. 42108||Operating after tariff or service contract suspension/Merchant Marine Act of 1920||60,000||75,000|
|46 U.S.C. 44102||Failure to establish financial responsibility for non-performance of transportation||6,000220||8,000300|
|46 U.S.C. 44103||Failure to establish financial responsibility for death or injury||6,000220||8,000300|
|31 U.S.C. 3802(a)(1)||Program Fraud Civil Remedies Act/makes false claim||6,000||8,000|
|31 U.S.C. 3802(a)(2)||Program Fraud Civil Remedies Act/giving false statement||6,000||8,000|
Title 46 published on 2013-10-01
no entries appear in the Federal Register after this date.