49 CFR 1022. What is it? What should I expect?
In case you didnâ€™t know, 49 CFR 1022 refers to the Civil Monetary Penalty Inflation Adjustment. The Surface Transportation Board (board) has issued its final rule adjusting the annual inflation for 2018-2019 pursuant to the Federal Civil Penalties Adjustment Act Improvements Act of 2015.
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Anyways back to the Final Rule. In accordance with the 2015 Act, the annual adjustment is calculated by multiplying each current penalty by the cost-of-living adjustment factor of 1.02522, which reflects the October 2017-2018 Consumer Price Index for all Urban Consumers (CPI-U). Listed below are some highlights of the penalty adjustments:
Rail Carrier Civil Penalties
49 U.S.C 11901(a) Unless otherwise specified, maximum penalty for each knowing violation under this part and each day increased from $7,791 to $7,987 (an increase of $196).
Motor and Water Carrier Civil Penalties
49 U.S.C 14901(a) minimum penalty for each violation and for each day increased from $1,066 to $1,093 (an increase of $30)
Pipeline Carrier Civil Penalties
49 U.S.C 16101(a) minimum penalty for violation of this part, for each day increased from$7,791 to $7,987 (an increase of $196).
Keep in mind this Final Rule went into effect December 31, 2018 and will only effect penalties levied after the December 31, 2018. For a full review of the Final Rule click HERE.