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Electronic Code of Federal Regulations

e-CFR data is current as of May 28, 2020

Title 49Subtitle BChapter XSubchapter A → Part 1022


Title 49: Transportation


PART 1022—CIVIL MONETARY PENALTY INFLATION ADJUSTMENT


Contents
§1022.1   Scope and purpose.
§1022.2   Definitions.
§1022.3   Civil monetary penalty inflation adjustment.
§1022.4   Cost-of living adjustments of civil monetary penalties.

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, 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 citationCivil monetary penalty descriptionAdjusted
penalty
amount
2019
Adjusted
penalty
amount
2020
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$7,987$8,128
49 U.S.C. 11901(b)For each violation under Section 11124(a)(2) or (b)799813
49 U.S.C. 11901(b)For each day violation continues.4142
49 U.S.C. 11901(c)Maximum penalty for each knowing violation under Sections 10901-109067,9878,128
49 U.S.C. 11901(d)For each violation under Section 11123 or 11124(a)(1)159-799162-813
49 U.S.C. 11901(d)For each day violation continues8081
49 U.S.C. 11901(e)(1), (4)For each violation under Sections 11141-11145, for each day799813
49 U.S.C. 11901(e)(2), (4)For each violation under Section 11144(b)(1), for each day159162
49 U.S.C. 11901(e)(3)-(4)For each violation of reporting requirements, for each day159162
Motor and Water Carrier Civil Penalties
49 U.S.C. 14901(a)Minimum penalty for each violation and for each day1,0931,112
49 U.S.C. 14901(a)For each violation under Section 13901 or 13902(c)10,93211,125
49 U.S.C. 14901(a)For each violation related to transportation of passengers27,33127,813
49 U.S.C. 14901(b)For each violation of the hazardous waste rules under Section 3001 of the Solid Waste Disposal Act21,865-43,73022,251-44,501
49 U.S.C. 14901(d)(1)Minimum penalty for each violation of household good regulations, and for each day1,5971,625
49 U.S.C. 14901(d)(2)Minimum penalty for each instance of transportation of household goods if broker provides estimate without carrier agreement15,97616,258
49 U.S.C. 14901(d)(3)Minimum penalty for each instance of transportation of household goods without being registered39,93640,640
49 U.S.C. 14901(e)Minimum penalty for each violation of a transportation rule3,1953,251
49 U.S.C. 14901(e)Minimum penalty for each additional violation7,9878,128
49 U.S.C. 14903(a)Maximum penalty for undercharge or overcharge of tariff rate, for each violation159,750162,568
49 U.S.C. 14904(a)For first violation, rebates at less than the rate in effect319325
49 U.S.C. 14904(a)For all subsequent violations400407
49 U.S.C. 14904(b)(1)Maximum penalty for first violation for undercharges by freight forwarders799813
49 U.S.C. 14904(b)(1)Maximum penalty for subsequent violations3,1953,251
49 U.S.C. 14904(b)(2)Maximum penalty for other first violations under Section 13702799813
49 U.S.C. 14904(b)(2)Maximum penalty for subsequent violations3,1953,251
49 U.S.C. 14905(a)Maximum penalty for each knowing violation of Section 14103(a), and knowingly authorizing, consenting to, or permitting a violation of Section 14103(a) or (b)15,97616,258
49 U.S.C. 14906Minimum penalty for first attempt to evade regulation2,1872,226
49 U.S.C. 14906Minimum amount for each subsequent attempt to evade regulation5,4665,562
49 U.S.C. 14907Maximum penalty for recordkeeping/reporting violations7,9878,128
49 U.S.C. 14908(a)(2)Maximum penalty for violation of Section 14908(a)(1).3,1953,251
49 U.S.C. 14910When another civil penalty is not specified under this part, for each violation, for each day799813
49 U.S.C. 14915(a)(1)-(2)Minimum penalty for holding a household goods shipment hostage, for each day12,69512,919
49 U.S.C. 14916(c)(1)Maximum penalty for each violation under Section 14916(a) by knowingly authorizing, consenting to, or permitting unlawful brokerage activities10,93211,125
Pipeline Carrier Civil Penalties
49 U.S.C. 16101(a)Maximum penalty for violation of this part, for each day7,9878,128
49 U.S.C. 16101(b)(1), (4)For each recordkeeping violation under Section 15722, each day799813
49 U.S.C. 16101(b)(2), (4)For each inspection violation liable under Section 15722, each day159162
49 U.S.C. 16101(b)(3)-(4)For each reporting violation under Section 15723, each day159162
49 U.S.C. 16103(a)Maximum penalty for improper disclosure of information1,5971,625

[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]

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