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DOC/ADMIN RIN: 0605-AA44 Publication ID: Fall 2016 
Title: Civil Monetary Penalty Adjustments for Inflation 
Abstract: This interim final rule is being issued to adjust for inflation each civil monetary penalty (CMP) provided by law within the jurisdiction of the Department of Commerce (Commerce Department). The Federal Civil Penalties Inflation Adjustment Act of 1990 (Public Law 101-410; 28 U.S.C. 2461), as amended by the Debt Collection Improvement Act of 1996 (Public Law 104-134) and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Section 601 of Public Law 114-74), requires the head of each agency to adjust for inflation its CMP levels in effect as of November 2, 2015, under a revised methodology effective for 2016 which provides for initial catch up adjustments for inflation in 2016, and under a revised methodology for each year thereafter. The revised methodologies provide for the improvement of the effectiveness of CMPs and to maintain their deterrent effect. The initial catch up adjustment for inflation of a CMP in 2016 shall not exceed 150 percent of the amount of the CMP on the date of enactment of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (November 2, 2015). The initial catch up adjustments for inflation to CMPs are required to be published through an interim final rule not later than July 1, 2016, and the adjustments for inflation shall take effect not later than August 1, 2016. For each year thereafter, the adjustments for inflation to CMPs shall take effect not later than January 15. These adjustments for inflation apply only to CMPs with a dollar amount, and will not apply to CMPs written as functions of violations. These adjustments for inflation apply only to those CMPs, including those whose associated violation predated such adjustment, which are assessed by Commerce Department after the effective date of the new CMP level. 
Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 15 CFR 6   
Legal Authority: 28 U.S.C. 2461 note   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  06/07/2016  81 FR 36454   
Interim Final Rule Comment Period End  07/07/2016 
Interim Final Rule Effective  07/07/2016 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Peter Robbins
Attorney Advisor
Department of Commerce
1401 Constitution Avenue NW,
Washington, DC 20230
Phone:202 482-0846
Email: probbins@doc.gov