Rail Lawyers Get Leeway to Ignore Tiny Infractions
Published Date: 4/28/2026
Rule
Summary
Starting May 28, 2026, FRA lawyers can choose not to pursue minor railroad violations that don’t actually affect safety. This change helps rail companies by cutting down on unnecessary legal hassle without risking public safety. Railroads and enforcement attorneys will see smoother, smarter decision-making that saves time and resources.
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Analyzed Economic Effects
3 provisions identified: 2 benefits, 1 costs, 0 mixed.
FRA lawyers may dismiss minor violations
Starting May 28, 2026, lawyers in the Federal Railroad Administration's Office of the Chief Counsel can decide not to pursue or can dismiss violations when the conduct is a technical violation that "does not raise a practical safety issue." This change is meant to reduce enforcement burdens and legal hassle for rail companies.
Typical 50% penalty cut for small entities
FRA states that, consistent with its Small Entity Consideration, it will typically reduce an initial assessed guideline penalty by 50% for small entities. This approach is described on FRA's website and applies to small rail industry entities.
Penalty reductions limited by statutory minimum
When FRA reduces civil penalties, it may not lower a penalty below the applicable statutory minimum amount; that statutory minimum is adjusted annually for inflation. FRA retains discretion to reduce penalties but must respect the statutory floor.
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