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CFR Regulation

CIVIL MONETARY PENALTY INFLATION ADJUSTMENT

Citation
49 CFR Part 1022
Current through
Sections
4
§ 1022.1Scope and purpose.

The purpose of this part is to establish a method to adjust for inflation the civil monetary penalties provided by law within the jurisdiction of the Board, in conformity with the Federal Civil Penalties Inflation Adjustment Act of 1990, Public Law 101-410, 104 Stat. 890 (codified as amended at 28 U.S.C. 2461 note), as amended by the Debt Collection Improvement Act of 1996, Public Law 104-134, 110 Stat. 1321, and further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Public Law 114-74, 129 Stat. 599. These penalties shall be subject to review and adjustment annually using the method specified in this part.

§ 1022.2Definitions.

As used in this part:

(a) Board means the Surface Transportation Board.

(b) Civil monetary penalty means any penalty, fine, or other sanction that:

(1)(i) Is for a specific monetary amount as provided by federal law; or

(ii) Has a maximum amount provided by federal law;

(2) Is assessed or enforced by the Board pursuant to federal law; and

(3) Is assessed or enforced pursuant to an administrative proceeding or a civil action in the federal courts.

(c) Consumer Price Index means the Consumer Price Index for all urban consumers published by the Department of Labor.

(d) Cost-of-Living Adjustment means the percentage (if any) by which the Consumer Price Index for the month of October preceding the adjustment exceeds the Consumer Price Index for the month of October one year before the month of October preceding date of the adjustment.

(e) Initial Cost-of-Living Adjustment means, for each civil monetary penalty, the percentage (if any) by which the Consumer Price Index for the month of October 2015 exceeds the Consumer Price Index of the month of October of the calendar year during which the amount of such civil monetary penalty was established or adjusted under a provision of law.

§ 1022.3Civil monetary penalty inflation adjustment.

The Board shall, immediately, and at least every year thereafter—

(a) By regulation adjust each civil monetary penalty provided by law within the jurisdiction of the Board by the inflation adjustment described in § 1022.4; and

(b) Publish each such adjustment in the Federal Register.

§ 1022.4Cost-of living adjustments of civil monetary penalties.

(a) The inflation adjustment under § 1022.3 will initially be determined by increasing each maximum civil monetary penalty by the initial cost-of-living adjustment. Not later than January 15 of every year thereafter, the inflation adjustment will subsequently be determined by increasing the maximum civil monetary penalty for each civil monetary penalty by the cost-of-living adjustment. Any increase determined under this section shall be rounded to the nearest dollar.

(b) The cost-of-living adjustment required by the statute results in the following adjustments to the civil monetary penalties within the jurisdiction of the Board:

Table 1 to Paragraph ( b )

U.S. Code citation

Civil monetary penalty description

2025—Penalty amount

2026—Adjusted penalty

amount 1

EP 716_10

(2025)

EP 716_11

(2026)

Rail Carrier

49 U.S.C. 11901(a)

Unless otherwise specified, maximum penalty for each knowing violation under this part, and for each day

9,970

10,243

49 U.S.C. 11901(b)

For each violation under sec. 11124(a)(2) or (b)

998

1,025

49 U.S.C. 11901(b)

For each day violation continues

51

52

49 U.S.C. 11901(c)

Maximum penalty for each knowing violation under secs. 10901-10906

9,970

10,243

49 U.S.C. 11901(d)

For each violation under sec. 11123 or 11124(a)(1)

198-998

203-1,025

49 U.S.C. 11901(d)

For each day violation continues

100

103

49 U.S.C. 11901(e)(1), (4)

For each violation under secs. 11141-11145, for each day

998

1,025

49 U.S.C. 11901(e)(2), (4)

For each violation under sec. 11144(b)(1), for each day

198

203

49 U.S.C. 11901(e)(3)-(4)

For each violation of reporting requirements, for each day

198

203

Motor and Water Carrier

49 U.S.C. 14901(a)

Minimum penalty for each violation and for each day

1,365

1,402

49 U.S.C. 14901(a)

For each violation under sec. 13901 or 13902(c)

13,647

14,020

49 U.S.C. 14901(a)

For each violation related to transportation of passengers

34,116

35,049

49 U.S.C. 14901(b)

For each violation of the hazardous waste rules under sec. 3001 of the Solid Waste Disposal Act

27,293-54,586

28,039-56,079

49 U.S.C. 14901(d)(1)

Minimum penalty for each violation of household good regulations, and for each day

1,992

2,046

49 U.S.C. 14901(d)(2)

Minimum penalty for each instance of transportation of household goods if broker provides estimate without carrier agreement

19,941

20,486

49 U.S.C. 14901(d)(3)

Minimum penalty for each instance of transportation of household goods without being registered

49,848

51,211

49 U.S.C. 14901(e)

Minimum penalty for each violation of a transportation rule

3,988

4,097

49 U.S.C. 14901(e)

Minimum penalty for each additional violation

9,970

10,243

49 U.S.C. 14903(a)

Maximum penalty for undercharge or overcharge of tariff rate, for each violation

199,408

204,862

49 U.S.C. 14904(a)

For first violation, rebates at less than the rate in effect

398

409

49 U.S.C. 14904(a)

For all subsequent violations

500

514

49 U.S.C. 14904(b)(1)

Maximum penalty for first violation for undercharges by freight forwarders

998

1,025

49 U.S.C. 14904(b)(1)

Maximum penalty for subsequent violations

3,988

4,097

49 U.S.C. 14904(b)(2)

Maximum penalty for other first violations under sec. 13702

998

1,025

49 U.S.C. 14904(b)(2)

Maximum penalty for subsequent violations.

3,988

4,097

49 U.S.C. 14905(a)

Maximum penalty for each knowing violation of sec. 14103(a), and knowingly authorizing, consenting to, or permitting a violation of sec. 14103(a) or (b)

19,941

20,486

49 U.S.C. 14906

Minimum penalty for first attempt to evade regulation

2,730

2,805

49 U.S.C. 14906

Minimum amount for each subsequent attempt to evade regulation

6,823

7,010

49 U.S.C. 14907

Maximum penalty for recordkeeping/reporting violations

9,970

10,243

49 U.S.C. 14908(a)(2)

Maximum penalty for violation of sec. 14908(a)(1)

3,988

4,097

49 U.S.C. 14910

When another civil penalty is not specified under this part, for each violation, for each day

998

1,025

49 U.S.C. 14915(a)(1)-(2)

Minimum penalty for holding a household goods shipment hostage, for each day

15,846

16,279

49 U.S.C. 14916(c)(1)

Maximum penalty for each knowing violation under sec. 14916(a) for unlawful brokerage activities

13,647

14,020

Pipeline Carrier

49 U.S.C. 16101(a)

Maximum penalty for violation of this part, for each day

9,970

10,243

49 U.S.C. 16101(b)(1), (4)

For each recordkeeping violation under sec. 15722, each day

998

1,025

49 U.S.C. 16101(b)(2), (4)

For each inspection violation liable under sec. 15722, each day

198

203

49 U.S.C. 16101(b)(3)-(4)

For each reporting violation under sec. 15723, each day

198

203

49 U.S.C. 16103(a)

Maximum penalty for improper disclosure of information

1,992

2,046

1 Because October 2025 Consumer Price Index data was not available by the January 15 statutory deadline for publishing adjusted penalty amounts, the cost-of-living adjustment for 2026 reflects the percentage by which the November 2025 Consumer Price Index exceeds the November 2024 Consumer Price Index.

4 sections

Cite this law

CIVIL MONETARY PENALTY INFLATION ADJUSTMENT (U.S.C.). Retrieved via LawPlayer, https://lawplayer.com/us/act/cfr-title-49-part-1022

United States government works (U.S. Code, Code of Federal Regulations) are in the public domain under 17 U.S.C. § 105.

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