§ 13.305 - Cost of living adjustments of civil monetary penalties.

Link to an amendment published at 81 FR 43469, July 5, 2016.

(a) 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 paragraph (a) of this section 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) 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 a civil monetary penalty under this subpart does not exceed 10 percent of the civil penalty amount.

(d) Inflation adjustment. Minimum and maximum civil monetary penalties within the jurisdiction of the FAA are adjusted for inflation as follows: Minimum and Maximum Civil Penalties-Adjusted for Inflation.

Table of Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations Occurring On or After December 29, 2010

United States Code cite	Civil monetary penalty description	Minimum penalty amount	New or adjusted minimum penalty amount	Maximum penalty amount when last set or adjusted pursuant to law	New or adjusted maximum penalty amount
49 U.S.C. 5123(a), subparagraph (1)	Violation of hazardous materials transportation law	$250 per violation, reset 8/10/2005	No change	$50,000 per violation, reset 8/10/2005	$55,000 per violation.
49 U.S.C. 5123(a), subparagraph (2)	Violation of hazardous materials transportation law resulting in death, serious illness, severe injury, or substantial property destruction	$250 per violation, reset 8/10/2005	No change	$100,000 per violation, set 8/10/2005	$110,000 per violation.
49 U.S.C. 5123(a), subparagraph (3)	Violation of hazardous materials transportation law relating to training	$450 per violation, set 8/10/2005	No change	$50,000 per violation, set 8/10/2005	$55,000 per violation.
49 U.S.C. 46301(a)(1)	Violation by a person other than an individual or small business concern under 49 CFR 46301(a)(1)(A) or (B)	N/A	N/A	$25,000 per violation, reset 12/12/2003	$27,500 per violation.
49 U.S.C. 46301(a)(1)	Violation by an airman serving as an airman under 49 U.S.C. 46301(a)(1)(A) or (B) (but not covered by 46301(a)(5)(A) or (B)	N/A	N/A	$1,100 per violation, reset 12/12/2003	No change.
49 U.S.C. 46301(a)(1)	Violation by an individual or small business concern under 49 U.S.C. 46301(a)(1)(A) or (B) (but not covered in 49 U.S.C. 46301(a)(5))	N/A	N/A	$1,100 per violation, reset 12/12/2003	No change.
49 U.S.C. 46301(a)(3)	Violation of 49 U.S.C. 47107(b) (or any assurance made under such section) or 49 U.S.C. 47133	N/A	N/A	Increase above otherwise applicable maximum amount not to exceed 3 times the amount of revenues that are used in violation of such section	No change.
49 U.S.C. 46301(a)(5)(A)	Violation by an individual or small business concern (except an airman serving as an airman) under 49 U.S.C. 46301(a)(5)(A)(i) or (ii)	N/A	N/A	$11,000 per violation, adjusted 6/15/2006	No change.
49 U.S.C. 46301(a)(5)(B)(i)	Violation by an individual or small business concern related to the transportation of hazardous materials	N/A	N/A	$11,000 per violation, adjusted 6/15/2006	No change.
49 U.S.C. 46301(a)(5)(B)(ii)	Violation by an individual or small business concern related to the registration or recordation under 49 U.S.C. chapter 441, of an aircraft not used to provide air transportation	N/A	N/A	$11,000 per violation, adjusted 6/16/2006	No change.
49 U.S.C. 46301(a)(5)(B)(iii)	Violation by an individual or small business concern of 49 U.S.C. 44718(d), relating to limitation on construction or establishment of landfills	N/A	N/A	$11,000 per violation, adjusted 6/15/2006	No change.
49 U.S.C. 46301(a)(5)(B)(iv)	Violation by an individual or small business concern of 49 U.S.C. 44725, relating to the safe disposal of life-limited aircraft parts	N/A	N/A	$11,000 per violation, adjusted 6/15/2006	No change.
49 U.S.C. 46301(b)	Tampering with a smoke alarm device	N/A	N/A	$2,200 per violation, adjusted 1/21/1997	$3,200 per violation.
49 U.S.C. 46302	Knowingly providing false information about alleged violation involving the special aircraft jurisdiction of the United States	N/A	N/A	$11,000 per violation, adjusted 1/21/1997	$16,000 per violation.
49 U.S.C. 46318	Interference with cabin or flight crew	N/A	N/A	$27,500, adjusted 6/15/2006	No change.
49 U.S.C. 46319	Permanent closure of an airport without providing sufficient notice	N/A	N/A	$11,000 per day, adjusted 6/15/2006	No change.
49 U.S.C. 47531	Violation of 49 U.S.C. 47528-47530, relating to the prohibition of operating certain aircraft not complying with stage 3 noise levels	N/A	N/A	See 49 U.S.C. 46301(a)(1)(A) and (a)(5), above	No change.

[61 FR 67445, Dec. 20, 1996, as amended by Amdt. 13-28, 62 FR 4134, Jan. 29, 1997; 67 FR 6366, Feb. 11, 2002; Amdt. 13-33, 71 FR 28522, May 16, 2006; 71 FR 47077, Aug. 16, 2006; 71 FR 52407, Sept. 6, 2006; 75 FR 72938, Nov. 29, 2010]