PART 1022 - CIVIL MONETARY PENALTY INFLATION ADJUSTMENT
Authority:

5 U.S.C. 551-557; 28 U.S.C. 2461 note; 49 U.S.C. 11901, 14901, 14903, 14904, 14905, 14906, 14907, 14908, 14910, 14915, 14916, 16101, 16103.

Source:

77 FR 64432, Oct. 22, 2012, unless otherwise noted.

§ 1022.1 Scope 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.

[81 FR 72543, Oct. 20, 2016]

§ 1022.2 Definitions.

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.

[77 FR 64432, Oct. 22, 2012, as amended at 81 FR 72543, Oct. 20, 2016]

§ 1022.3 Civil 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.

[77 FR 64432, Oct. 22, 2012, as amended at 81 FR 72543, Oct. 20, 2016]

§ 1022.4 Cost-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 Adjusted
penalty
amount 2020
Adjusted
penalty
amount 2021
Rail Carrier Civil Penalties
49 U.S.C. 11901(a) Unless otherwise specified, maximum penalty for each knowing violation under this part, and for each day $8,128 $8,224
49 U.S.C. 11901(b) For each violation under § 11124(a)(2) or (b) 813 823
49 U.S.C. 11901(b) For each day violation continues 42 42
49 U.S.C. 11901(c) Maximum penalty for each knowing violation under §§ 10901-10906 8,128 8,224
49 U.S.C. 11901(d) For each violation under §§ 11123 or 11124(a)(1) 162-813 164-823
49 U.S.C. 11901(d) For each day violation continues 81 82
49 U.S.C. 11901(e)(1), (4) For each violation under §§ 11141-11145, for each day 813 823
49 U.S.C. 11901(e)(2), (4) For each violation under § 11144(b)(1), for each day 162 164
49 U.S.C. 11901(e)(3)-(4) For each violation of reporting requirements, for each day 162 164
Motor and Water Carrier Civil Penalties
49 U.S.C. 14901(a) Minimum penalty for each violation and for each day 1,112 1,125
49 U.S.C. 14901(a) For each violation under §§ 13901 or 13902(c) 11,125 11,257
49 U.S.C. 14901(a) For each violation related to transportation of passengers 27,813 28,142
49 U.S.C. 14901(b) For each violation of the hazardous waste rules under § 3001 of the Solid Waste Disposal Act 22,251-44,501 22,514-45,027
49 U.S.C. 14901(d)(1) Minimum penalty for each violation of household good regulations, and for each day 1,625 1,644
49 U.S.C. 14901(d)(2) Minimum penalty for each instance of transportation of household goods if broker provides estimate without carrier agreement 16,258 16,450
49 U.S.C. 14901(d)(3) Minimum penalty for each instance of transportation of household goods without being registered 40,640 41,120
49 U.S.C. 14901(e) Minimum penalty for each violation of a transportation rule 3,251 3,289
49 U.S.C. 14901(e) Minimum penalty for each additional violation 8,128 8,224
49 U.S.C. 14903(a) Maximum penalty for undercharge or overcharge of tariff rate, for each violation 162,568 164,490
49 U.S.C. 14904(a) For first violation, rebates at less than the rate in effect 325 329
49 U.S.C. 14904(a) For all subsequent violations 407 412
49 U.S.C. 14904(b)(1) Maximum penalty for first violation for undercharges by freight forwarders 813 823
49 U.S.C. 14904(b)(1) Maximum penalty for subsequent violations 3,251 3,289
49 U.S.C. 14904(b)(2) Maximum penalty for other first violations under § 13702 813 823
49 U.S.C. 14904(b)(2) Maximum penalty for subsequent violations 3,251 3,289
49 U.S.C. 14905(a) Maximum penalty for each knowing violation of § 14103(a), and knowingly authorizing, consenting to, or permitting a violation of § 14103(a) or (b) 16,258 16,450
49 U.S.C. 14906 Minimum penalty for first attempt to evade regulation 2,226 2,252
49 U.S.C. 14906 Minimum amount for each subsequent attempt to evade regulation 5,562 5,628
49 U.S.C. 14907 Maximum penalty for recordkeeping/reporting violations 8,128 8,224
49 U.S.C. 14908(a)(2) Maximum penalty for violation of § 14908(a)(1) 3,251 3,289
49 U.S.C. 14910 When another civil penalty is not specified under this part, for each violation, for each day 813 823
49 U.S.C. 14915(a)(1)-(2) Minimum penalty for holding a household goods shipment hostage, for each day 12,919 13,072
49 U.S.C. 14916(c)(1) Maximum penalty for each knowing violation under § 14916(a) for unlawful brokerage activities 11,125 11,257
Pipeline Carrier Civil Penalties
49 U.S.C. 16101(a) Maximum penalty for violation of this part, for each day 8,128 8,224
49 U.S.C. 16101(b)(1), (4) For each recordkeeping violation under § 15722, each day 813 823
49 U.S.C. 16101(b)(2), (4) For each inspection violation liable under § 15722, each day 162 164
49 U.S.C. 16101(b)(3)-(4) For each reporting violation under § 15723, each day 162 164
49 U.S.C. 16103(a) Maximum penalty for improper disclosure of information 1,625 1,644

[81 FR 72543, Oct. 20, 2016, as amended at 82 FR 4797, Jan. 17, 2017; 83 FR 993, Jan. 9, 2018; 83 FR 67699, Dec. 31, 2018; 85 FR 839, Jan. 8, 2019; 86 FR 3027, Jan. 14, 2021]