Sec.  1.1115   Adjustments to charges.

   (a) The Schedule of Charges established by  Sec.  Sec. 1.1102 through 1.1107 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  Sec. 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]