§  1.1117   Adjustments to charges.

   (a) The Schedule of Charges established by § § 1.1102 through 1.1109 of
   this subpart shall be reviewed by the Commission on October 1, 1999 and
   every two years thereafter, and adjustments made, if any, will be
   reflected in the next publication of Schedule of Charges.

   (1) The fees will be adjusted by the Commission to reflect the
   percentage change in the Consumer Price Index for all Urban Consumers
   (CPI-U) from the date of enactment of the authorizing legislation
   (December 19, 1989) to the date of adjustment, and every two years
   thereafter, to reflect the percentage change in the CPI-U in the period
   between the enactment date and the adjustment date.

   (2) Adjustments based upon the percentage change in the CPI-U will be
   applied against the base fees as enacted or amended by Congress in the
   year the fee was enacted or amended.

   (b) Increases or decreases in charges will apply to all categories of
   fees covered by this subpart. Individual fees will not be adjusted
   until the increase or decrease, as determined by the net change in the
   CPI-U since the date of enactment of the authorizing legislation,
   amounts to at least $5 in the case of fees under $100, or 5% or more in
   the case of fees of $100 or greater. All fees will be adjusted upward
   to the next $5 increment.

   (c) Adjustments to fees made pursuant to these procedures will not be
   subject to notice and comment rulemakings, nor will these decisions be
   subject to petitions for reconsideration under § 1.429 of the rules.
   Requests for modifications will be limited to correction of
   arithmetical errors made during an adjustment cycle.

   [ 52 FR 5289 , Feb. 20, 1987, as amended at  53 FR 40889 , Oct. 19, 1988;
    55 FR 19172 , May 8, 1990. Redesignated and amended at  59 FR 30998 , June
   16, 1994. Redesignated at  60 FR 5326 , Jan. 27, 1995, as amended at  65 FR 49762 , Aug. 15, 2000;  69 FR 41177 , July 7, 2004. Redesignated and
   amended at  74 FR 3446 , Jan. 21, 2009]