Surface Transportation Board Final Rule

2026-08747: Civil Monetary Penalties-2026 Adjustment

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Summary

The Board is revising its previously issued final rule, which implemented the annual inflationary adjustments to the Board's civil monetary penalties, to conform to guidance subsequently received from the Office of Management and Budget (OMB). As revised, the final rule reflects no cost-of-living adjustment for 2026.

The agency’s own summary, as published.

The rule, in full

1,639 words as published, May 05, 2026. View the original →

Federal Register, Volume 91 Issue 86 (Tuesday, May 5, 2026) [Federal Register Volume 91, Number 86 (Tuesday, May 5, 2026)] [Rules and Regulations] [Pages 24135-24137] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-08747] ======================================================================= ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD 49 CFR Part 1022 [Docket No. EP 716 (Sub-No. 11)] Civil Monetary Penalties--2026 Adjustment

Agency

Surface Transportation Board.

Action

Final rule. -----------------------------------------------------------------------

Summary

The Board is revising its previously issued final rule, which implemented the annual inflationary adjustments to the Board's civil monetary penalties, to conform to guidance subsequently received from the Office of Management and Budget (OMB). As revised, the final rule reflects no cost-of-living adjustment for 2026.

Dates

This final rule is effective May 5, 2026.

For Further Information Contact

Amanda Gorski at (202) 915-8453. If you require an accommodation under the Americans with Disabilities Act, please call (202) 245-0245.

Supplementary Information

The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act), enacted as part of the Bipartisan Budget Act of 2015, Public Law 114-74, 701, 129 Stat. 584, 599-601, requires agencies to adjust their civil penalties for inflation annually, beginning on July 1, 2016, and no later than January 15 of every year thereafter. In accordance with the 2015 Act, annual inflation adjustments are to be based on the percent change between the Consumer Price Index for all Urban Consumers (CPI-U) for October of the previous year and the October CPI-U of the year before that. Penalty level adjustments should be rounded to the nearest dollar. Due to the lapse in Federal government appropriations from October 1, 2025, through November 12, 2025, the Bureau of Labor Statistics (BLS), which is responsible for production of the CPI-U, did not release a CPI-U for October 2025. On January 14, 2026, the Board issued a decision that based its annual inflation adjustment for 2026 on the percent change between the CPI-U for November 2025 and the CPI-U for November 2024. Civ. Monetary Penalties--2026 Adjustment (Jan. 2026 Decision), EP 716 (Sub-No. 11), slip op. at 2 (STB served Jan. 14, 2026). The Board stated, however, that ``[s]hould additional guidance or data relevant to this calculation be released following the issuance of this decision, the Board will issue an amended decision, as appropriate.'' Id. at 1. On April 17, 2026, OMB issued guidance informing agencies that, based on the lack of October 2025 CPI-U data, there will be no updated cost-of-living adjustment multiplier for 2026. Memorandum from the Off. of Mgmt. & Budget, M-26-11, Cancellation of Penalty Inflation Adjustments for 2026, Regarding the Fed. Civ. Penalties Inflation Adjustment Act Improvements Act of 2015 (OMB Memo) (Apr. 17, 2016), https://www.whitehouse.gov/wp-content/uploads/2026/04/M-26-11-Cancellation-of-Penalty-Inflation-Adjustments-for-2026-Regarding-the-Federal-Civil-Penalties-Inflation-Adjustment-Act-Improvements-Act-of-2015.pdf. OMB directed agencies to ``continue using the 2025 civil monetary penalty levels as applicable.'' Id. at 1-2. Consistent with the guidance received from OMB, the Board will revise its final rule and amend 49 CFR part 1022 to reinstate the Board's 2025 civil monetary penalty levels. See Civ. Monetary Penalties--2025 Adjustment, EP 716 (Sub-No. 10) (STB served Jan. 14, 2025). The table at the end of this decision shows the statutory citation for each civil penalty, a description of the provision, the adjusted statutory civil penalty level for 2025, and the adjusted statutory civil penalty level for 2026. The revised final rule set forth at the end of this decision is being issued without notice and comment pursuant to the rulemaking provision of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B). The 2015 Act provides that agencies shall annually adjust civil monetary penalties for inflation notwithstanding section 553 of the APA. Additionally, the Board has no discretion to set alternative levels of adjusted civil monetary penalties and OMB has issued guidance regarding the statutory level. For these reasons, the Board has determined that there is good cause to promulgate this rule without soliciting public comment and to make this regulation effective immediately upon publication, see 5 U.S.C. 553(d). The Regulatory Flexibility Act (RFA), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 601-612, generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Because the Board has determined that notice and comment are not required under the APA for this rulemaking, the requirements of the RFA do not apply. Pursuant to the Congressional Review Act, 5 U.S.C. 801-808, the Office of Information and Regulatory Affairs has designated this rule as a non-major rule, as defined by 5 U.S.C. 804(2). Executive Order 12866, as modified by Executive Order 14215, provides that OIRA will review all significant rules. OIRA has determined that this rule is not significant. This revised final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3521. List of Subjects in 49 CFR Part 1022 Administrative practice and procedures, Brokers, Civil penalties, Freight forwarders, Motor carriers, Pipeline carriers, Rail carriers, Water carriers. It is ordered:

2. This decision is effective on its date of publication in the

Federal Register. Decided: May 1, 2026. [[Page 24136]] By the Board, Board Members Fuchs, Hedlund, and Schultz. Zantori Dickerson, Clearance Clerk. For the reasons set forth in the preamble, part 1022 of title 49, chapter X, of the Code of Federal Regulations is amended as follows: PART 1022--CIVIL MONETARY PENALTY INFLATION ADJUSTMENT 0

1. The authority citation for part 1022 continues to read as follows:

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. 0

2. Amend Sec. 1022.4 by revising paragraph (b) to read as follows:

Sec. 1022.4 Cost-of-living adjustments of civil monetary penalties. * * * * * (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) ---------------------------------------------------------------------------------------------------------------- 2025--Penalty 2026--Penalty amount amount U.S. code citation Civil monetary penalty ------------------------------- description EP 716_10 EP 716_11 (2025) (2026) ---------------------------------------------------------------------------------------------------------------- Rail Carrier ---------------------------------------------------------------------------------------------------------------- 49 U.S.C. 11901(a).............................. Unless otherwise specified, $9,970 $9,970 maximum penalty for each knowing violation under this part, and for each day. 49 U.S.C. 11901(b).............................. For each violation under Sec. 998 998 11124(a)(2) or (b). 49 U.S.C. 11901(b).............................. For each day violation 51 51 continues. 49 U.S.C. 11901(c).............................. Maximum penalty for each 9,970 9,970 knowing violation under Sec. Sec. 10901-10906. 49 U.S.C. 11901(d).............................. For each violation under Sec. 198-998 198-998 Sec. 11123 or 11124(a)(1). 49 U.S.C. 11901(d).............................. For each day violation 100 100 continues. 49 U.S.C. 11901(e)(1), (4)...................... For each violation under Sec. 998 998 Sec. 11141-11145, for each day. 49 U.S.C. 11901(e)(2), (4)...................... For each violation under Sec. 198 198 11144(b)(1), for each day. 49 U.S.C. 11901(e)(3)-(4)....................... For each violation of 198 198 reporting requirements, for each day. ---------------------------------------------------------------------------------------------------------------- Motor and Water Carrier ---------------------------------------------------------------------------------------------------------------- 49 U.S.C. 14901(a).............................. Minimum penalty for each 1,365 1,365 violation and for each day. 49 U.S.C. 14901(a).............................. For each violation under Sec. 13,647 13,647 Sec. 13901 or 13902(c). 49 U.S.C. 14901(a).............................. For each violation related to 34,116 34,116 transportation of passengers. 49 U.S.C. 14901(b).............................. For each violation of the 27,293-54,586 27,293-54,586 hazardous waste rules under Sec. 3001 of the Solid Waste Disposal Act. 49 U.S.C. 14901(d)(1)........................... Minimum penalty for each 1,992 1,992 violation of household good regulations, and for each day. 49 U.S.C. 14901(d)(2)........................... Minimum penalty for each 19,941 19,941 instance of transportation of household goods if broker provides estimate without carrier agreement. 49 U.S.C. 14901(d)(3)........................... Minimum penalty for each 49,848 49,848 instance of transportation of household goods without being registered. 49 U.S.C. 14901(e).............................. Minimum penalty for each 3,988 3,988 violation of a transportation rule. 49 U.S.C. 14901(e).............................. Minimum penalty for each 9,970 9,970 additional violation. 49 U.S.C. 14903(a).............................. Maximum penalty for 199,408 199,408 undercharge or overcharge of tariff rate, for each violation. 49 U.S.C. 14904(a).............................. For first violation, rebates 398 398 at less than the rate in effect. 49 U.S.C. 14904(a).............................. For all subsequent violations. 500 500 49 U.S.C. 14904(b)(1)........................... Maximum penalty for first 998 998 violation for undercharges by freight forwarders. 49 U.S.C. 14904(b)(1)........................... Maximum penalty for subsequent 3,988 3,988 violations. 49 U.S.C. 14904(b)(2)........................... Maximum penalty for other 998 998 first violations under Sec. 13702. 49 U.S.C. 14904(b)(2)........................... Maximum penalty for subsequent 3,988 3,988 violations. 49 U.S.C. 14905(a).............................. Maximum penalty for each 19,941 19,941 knowing violation of Sec. 14103(a), and knowingly authorizing, consenting to, or permitting a violation of Sec. 14103(a) or (b). 49 U.S.C. 14906................................. Minimum penalty for first 2,730 2,730 attempt to evade regulation. 49 U.S.C. 14906................................. Minimum amount for each 6,823 6,823 subsequent attempt to evade regulation. 49 U.S.C. 14907................................. Maximum penalty for 9,970 9,970 recordkeeping/reporting violations. 49 U.S.C. 14908(a)(2)........................... Maximum penalty for violation 3,988 3,988 of Sec. 14908(a)(1). 49 U.S.C. 14910................................. When another civil penalty is 998 998 not specified under this part, for each violation, for each day. 49 U.S.C. 14915(a)(1)-(2)....................... Minimum penalty for holding a 15,846 15,846 household goods shipment hostage, for each day. 49 U.S.C. 14916(c)(1)........................... Maximum penalty for each 13,647 13,647 knowing violation under Sec. 14916(a) for unlawful brokerage activities. ---------------------------------------------------------------------------------------------------------------- [[Page 24137]] Pipeline Carrier ---------------------------------------------------------------------------------------------------------------- 49 U.S.C. 16101(a).............................. Maximum penalty for violation 9,970 9,970 of this part, for each day. 49 U.S.C. 16101(b)(1), (4)...................... For each recordkeeping 998 998 violation under Sec. 15722, each day. 49 U.S.C. 16101(b)(2), (4)...................... For each inspection violation 198 198 liable under Sec. 15722, each day. 49 U.S.C. 16101(b)(3)-(4)....................... For each reporting violation 198 198 under Sec. 15723, each day. 49 U.S.C. 16103(a).............................. Maximum penalty for improper 1,992 1,992 disclosure of information. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2026-08747 Filed 5-4-26; 8:45 am] BILLING CODE 4915-01-P

What this changes

Amends 1 part of the Code of Federal Regulations — the standing rules this notice rewrites.

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