[Code of Federal Regulations]
[Title 49, Volume 8]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR1503.305]

[Page 272-273]
 
                        TITLE 49--TRANSPORTATION
 
   CHAPTER XII--TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF 
                            HOMELAND SECURITY
 
PART 1503_INVESTIGATIVE AND ENFORCEMENT PROCEDURES--Table of Contents
 
          Subpart H_Civil Monetary Penalty Inflation Adjustment
 
Sec. 1503.305  Cost of living adjustments of civil monetary penalties.

    (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:

[[Page 273]]



                                  Minimum and Maximum Civil Penalties--Adjusted for Inflation, Effective March 13, 2002
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                                                                                                               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
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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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