46 CFR 506.4 - Cost of living adjustments of civil monetary penalties.

§ 506.4 Cost of living adjustments of civil monetary penalties.

(a) The inflation adjustment under § 506.3 will initially be determined by increasing the maximum civil monetary penalty for each civil monetary penalty by the initial cost-of-living adjustment. The inflation adjustment will subsequently 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 section shall be rounded to the nearest multiple of $1.

(b)Inflation adjustment. 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 October preceding the adjustment exceeds the Consumer Price Index for the month of October 1 year before the month of October preceding the adjustment.

(c)Initial adjustment. For purposes of paragraph (a) of this section, the term `initial cost-of-living-adjustment' means the percentage (if any) for each civil monetary penalty by which the Consumer Price Index for the month of October, 2015 exceeds the Consumer Price Index for the month of October of the calendar year during which the amount of such civil monetary penalty was established or adjusted under a provision of law of civil monetary penalty. The initial cost-of-living adjustment may not exceed 150 percent of such penalty on November 2, 2015, the date of the enactment of the Federal Civil Penalties Inflation Act Adjustment Improvements Act of 2015.

(d)Inflation adjustment. Maximum Civil Monetary Penalties within the jurisdiction of the Federal Maritime Commission are adjusted for inflation as follows:

United States code citation Civil monetary penalty description Maximum
penalty amount prior
to January
15, 2017
Maximum
penalty
as of January
15, 2017
46 U.S.C. 42304 Adverse impact on U.S. carriers by foreign shipping practices 1,978,690 2,011,061
46 U.S.C. 41107(a) Knowing and Willful violation/Shipping Act of 1984, or Commission regulation or order 56,467 57,391
46 U.S.C. 41107(b) Violation of Shipping Act of 1984, Commission regulation or order, not knowing and willful 11,293 11,478
46 U.S.C. 41108(b) Operating in foreign commerce after tariff suspension 112,934 114,782
46 U.S.C. 42104 Failure to provide required reports, etc./Merchant Marine Act of 1920 8,908 9,054
46 U.S.C. 42106 Adverse shipping conditions/Merchant Marine Act of 1920 1,781,560 1,810,706
46 U.S.C. 42108 Operating after tariff or service contract suspension/Merchant Marine Act of 1920 89,078 90,535
46 U.S.C. 44102 Failure to establish financial responsibility for non-performance of transportation 22,500
750
22,868
762
46 U.S.C. 44103 Failure to establish financial responsibility for death or injury 22,500
750
22,868
762
31 U.S.C. 3802(a)(1) Program Fraud Civil Remedies Act/makes false claim 10,781 10,957
31 U.S.C. 3802(a)(2) Program Fraud Civil Remedies Act/giving false statement 10,781 10,957
[ 81 FR 42553, June 30, 2016, as amended at 82 FR 10720, Feb. 15, 2017]

Title 46 published on 09-May-2017 04:27

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 46 CFR Part 506 after this date.

  • 2017-02-15; vol. 82 # 30 - Wednesday, February 15, 2017
    1. 82 FR 10719 - Inflation Adjustment of Civil Monetary Penalties
      GPO FDSys XML | Text
      FEDERAL MARITIME COMMISSION
      Final rule.
      This rule is effective on February 15, 2017, and is applicable beginning January 15, 2017.
      46 CFR Part 506
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