CFR > Title 46 - Shipping > CHAPTER IV—FEDERAL MARITIME COMMISSION > SUBCHAPTER A—GENERAL AND ADMINISTRATIVE PROVISIONS (parts 500 to 508) > PART 506—CIVIL MONETARY PENALTY INFLATION ADJUSTMENT > 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 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:
United States Codecitation Civil Monetary Penalty description Currentmaximumpenaltyamount Newadjustedmaximumpenaltyamount
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(b) Violation of Shipping Act of 1984, Commission regulation or order, not knowing or 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
[61 FR 52705, Oct. 8, 1996, as amended at 64 FR 23550, May 3, 1999; 65 FR 49741, Aug. 15, 2000; 74 FR 38115, July 31, 2009]