2026-00535: Civil Monetary Penalties-2026 Adjustment
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The Surface Transportation Board (Board) is issuing a final rule to implement the annual inflationary adjustment to its civil monetary penalties, pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.
The agency’s own summary, as published.
The rule, in full
1,813 words as published, January 14, 2026. View the original →
Federal Register, Volume 91 Issue 9 (Wednesday, January 14, 2026) [Federal Register Volume 91, Number 9 (Wednesday, January 14, 2026)] [Rules and Regulations] [Pages 1447-1449] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-00535] ======================================================================= ----------------------------------------------------------------------- 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 Surface Transportation Board (Board) is issuing a final rule to implement the annual inflationary adjustment to its civil monetary penalties, pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.
Dates
This final rule is effective January 14, 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
I. Background
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, which is responsible for production of the CPI-U, did not release a CPI-U for October 2025. Therefore, the Board is basing its annual inflation adjustment for 2026 on the percent change between the CPI-U for November 2025 and the CPI-U for November 2024. Should 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.
II. Discussion
The statutory definition of civil monetary penalty covers various civil penalty provisions under the Rail (Part A); Motor Carriers, Water Carriers, Brokers, and Freight Forwarders (Part B); and Pipeline Carriers (Part C) provisions of the Interstate Commerce Act, as amended. The Board's civil (and criminal) penalty authority related to rail transportation is codified at 49 U.S.C. 11901-11908. The Board's penalty authority related to motor carriers, water carriers, brokers, and freight forwarders appears at 49 U.S.C. 14901-14916. The Board's penalty authority related to pipeline carriers is codified at 49 U.S.C. 16101-16106.\1\ The Board has regulations at 49 CFR part 1022 that codify the method set forth in the 2015 Act for annually adjusting for inflation the civil monetary penalties within the Board's jurisdiction. --------------------------------------------------------------------------- \1\ The Board also has various criminal penalty authority, enforceable in a federal criminal court. Congress has not, however, authorized federal agencies to adjust statutorily prescribed criminal penalty provisions for inflation, and this rule does not address those provisions. --------------------------------------------------------------------------- As set forth in this final rule, the Board is amending 49 CFR part 1022 to make an annual inflation adjustment to the civil monetary penalties in conformance with the requirements of the 2015 Act. The adjusted penalties set forth in the rule will apply only to violations that occur after the effective date of this regulation. The annual adjustment adopted here is calculated by multiplying each current penalty by a cost-of-living adjustment factor of 1.02735, which reflects the percentage change between the November 2025 CPI-U (324.122) and the November 2024 CPI-U (315.493). 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.
III. Final Rule
The final rule set forth at the end of this decision is being issued without notice and comment pursuant to the [[Page 1448]] rulemaking provision of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), which does not require that process ``when the agency for good cause finds'' that public notice and comment are ``unnecessary.'' Here, Congress has mandated that the agency make an annual inflation adjustment to its civil monetary penalties. The Board has no discretion to set alternative levels of adjusted civil monetary penalties because the amount of the inflation adjustment must be calculated in accordance with the statutory formula.\2\ Given the absence of discretion, 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. --------------------------------------------------------------------------- \2\ As noted above, the Board is using November CPI-U data because October CPI-U data for 2025 was not available by the January 15 statutory deadline for this decision. ---------------------------------------------------------------------------
IV. Regulatory Flexibility Statement
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.
V. Congressional Review Act
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).
VI. Paperwork Reduction Act
This 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. It is ordered:
1. The Board amends its rules as set forth in this decision. Notice
of the final rule will be published in the Federal Register.
2. This decision is effective on its date of publication in the
Federal Register. Decided: January 9, 2026. By the Board, Board Members Fuchs, Hedlund, and Schultz. 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. Jeffrey Herzig, 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. Revise Sec. 1022.4(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--Adjusted amount penalty amount U.S. Code citation Civil monetary penalty ----------------- \1\ description EP 716_10 ------------------ (2025) EP 716_11 (2026) ---------------------------------------------------------------------------------------------------------------- Rail Carrier ---------------------------------------------------------------------------------------------------------------- 49 U.S.C. 11901(a)............................... Unless otherwise 9,970 10,243 specified, maximum penalty for each knowing violation under this part, and for each day. 49 U.S.C. 11901(b)............................... For each violation under 998 1,025 sec. 11124(a)(2) or (b). 49 U.S.C. 11901(b)............................... For each day violation 51 52 continues. 49 U.S.C. 11901(c)............................... Maximum penalty for each 9,970 10,243 knowing violation under secs. 10901-10906. 49 U.S.C. 11901(d)............................... For each violation under 198-998 203-1,025 sec. 11123 or 11124(a)(1). 49 U.S.C. 11901(d)............................... For each day violation 100 103 continues. 49 U.S.C. 11901(e)(1), (4)....................... For each violation under 998 1,025 secs. 11141-11145, for each day. 49 U.S.C. 11901(e)(2), (4)....................... For each violation under 198 203 sec. 11144(b)(1), for each day. 49 U.S.C. 11901(e)(3)-(4)........................ For each violation of 198 203 reporting requirements, for each day. ---------------------------------------------------------------------------------------------------------------- Motor and Water Carrier ---------------------------------------------------------------------------------------------------------------- 49 U.S.C. 14901(a)............................... Minimum penalty for each 1,365 1,402 violation and for each day. 49 U.S.C. 14901(a)............................... For each violation under 13,647 14,020 sec. 13901 or 13902(c). 49 U.S.C. 14901(a)............................... For each violation 34,116 35,049 related to transportation of passengers. 49 U.S.C. 14901(b)............................... For each violation of the 27,293-54,586 28,039-56,079 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 2,046 violation of household good regulations, and for each day. 49 U.S.C. 14901(d)(2)............................ Minimum penalty for each 19,941 20,486 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 51,211 instance of transportation of household goods without being registered. 49 U.S.C. 14901(e)............................... Minimum penalty for each 3,988 4,097 violation of a transportation rule. [[Page 1449]] 49 U.S.C. 14901(e)............................... Minimum penalty for each 9,970 10,243 additional violation. 49 U.S.C. 14903(a)............................... Maximum penalty for 199,408 204,862 undercharge or overcharge of tariff rate, for each violation. 49 U.S.C. 14904(a)............................... For first violation, 398 409 rebates at less than the rate in effect. 49 U.S.C. 14904(a)............................... For all subsequent 500 514 violations. 49 U.S.C. 14904(b)(1)............................ Maximum penalty for first 998 1,025 violation for undercharges by freight forwarders. 49 U.S.C. 14904(b)(1)............................ Maximum penalty for 3,988 4,097 subsequent violations. 49 U.S.C. 14904(b)(2)............................ Maximum penalty for other 998 1,025 first violations under sec. 13702. 49 U.S.C. 14904(b)(2)............................ Maximum penalty for 3,988 4,097 subsequent violations.. 49 U.S.C. 14905(a)............................... Maximum penalty for each 19,941 20,486 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 2,805 attempt to evade regulation. 49 U.S.C. 14906.................................. Minimum amount for each 6,823 7,010 subsequent attempt to evade regulation. 49 U.S.C. 14907.................................. Maximum penalty for 9,970 10,243 recordkeeping/reporting violations. 49 U.S.C. 14908(a)(2)............................ Maximum penalty for 3,988 4,097 violation of sec. 14908(a)(1). 49 U.S.C. 14910.................................. When another civil 998 1,025 penalty is not specified under this part, for each violation, for each day. 49 U.S.C. 14915(a)(1)-(2)........................ Minimum penalty for 15,846 16,279 holding a household goods shipment hostage, for each day. 49 U.S.C. 14916(c)(1)............................ Maximum penalty for each 13,647 14,020 knowing violation under sec. 14916(a) for unlawful brokerage activities. ---------------------------------------------------------------------------------------------------------------- Pipeline Carrier ---------------------------------------------------------------------------------------------------------------- 49 U.S.C. 16101(a)............................... Maximum penalty for 9,970 10,243 violation of this part, for each day. 49 U.S.C. 16101(b)(1), (4)....................... For each recordkeeping 998 1,025 violation under sec. 15722, each day. 49 U.S.C. 16101(b)(2), (4)....................... For each inspection 198 203 violation liable under sec. 15722, each day. 49 U.S.C. 16101(b)(3)-(4)........................ For each reporting 198 203 violation under sec. 15723, each day. 49 U.S.C. 16103(a)............................... Maximum penalty for 1,992 2,046 improper disclosure of information. ---------------------------------------------------------------------------------------------------------------- \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. [FR Doc. 2026-00535 Filed 1-13-26; 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.
Documents
- Full text (Federal Register) · January 14, 2026
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