1 Jul 2025

🚂Proposed Rule on Enforcement Discretion by the FRA

Prosecutorial Discretion of Enforcement Attorneys

Summary

This proposed rule would clarify that FRA's Office of the Chief Counsel has discretion to decline or dismiss a violation, such as a technical violation where challenged conduct does not raise a practical safety issue.

Agencies

  • Transportation Department
  • Federal Railroad Administration

Business Impact ?

$$ - Med

The proposed rule clarifies the Federal Railroad Administration's (FRA) discretion to dismiss minor violations, which may alleviate compliance burdens for businesses. This can lead to decreased penalties and associated costs for regulated entities.

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