# 2025-12123: FRA Forgives Tiny Rail Infractions for Bigger Wins

2025-12123, Prosecutorial Discretion of Enforcement Attorneys, is a Federal Register proposed rule from Transportation Department, Federal Railroad Administration published 2025-07-01 (as of 2026-06-08).

- Canonical: https://policyrisk.com/federal-register/2025-12123
- As of: 2026-06-08
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Document number: 2025-12123
- Title: Prosecutorial Discretion of Enforcement Attorneys
- Type: Proposed Rule
- Agencies: Transportation Department; Federal Railroad Administration
- Citation: 90 FR 28609
- Published: 2025-07-01
- Effective: unknown
- Comments close: not stated
- Significant: no
- Touches household money: no
- Regulation identifier numbers: 2130-AD11
- Last updated: 2026-06-08

## In one line

FRA Forgives Tiny Rail Infractions for Bigger Wins

## Summary

This rule lets FRA’s top lawyers decide when to ignore or drop certain violations, especially small ones that don’t really affect safety. It helps focus on the big safety issues without wasting time on minor stuff. This change affects anyone dealing with FRA enforcement and aims to speed up decisions without extra costs.

## Abstract

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.

## Effects PRIA read

- Counsel May Decline Minor Violations: benefit, low. The Federal Railroad Administration’s Office of the Chief Counsel can choose to decline or dismiss a violation, including a technical violation where the challenged conduct does not raise a practical safety issue. If you or your company deal with FRA enforcement, you may see fewer enforcement actio…
- Enforcement Focused On Major Safety: benefit, medium. The rule directs FRA to focus enforcement resources on major safety issues rather than minor or technical violations. This should speed up decisions and let FRA concentrate on safety risks that matter to the public.

## Related documents

- [2026-17904](https://policyrisk.com/federal-register/2026-17904): National Environmental Policy Act Regulations, 2026-09-01
- [2026-19031](https://policyrisk.com/federal-register/2026-19031): Safety Advisory 2025-02; Track Is Clear Determination During Shoving or Pushing Movements Across Highway-Rail Grade Crossings Equipped Only…, 2026-09-17
- [2026-18981](https://policyrisk.com/federal-register/2026-18981): Proposed Agency Information Collection Activities; Comment Request, 2026-09-16
- [2026-18982](https://policyrisk.com/federal-register/2026-18982): Proposed Agency Information Collection Activities; Comment Request, 2026-09-16
- [2026-18986](https://policyrisk.com/federal-register/2026-18986): Surface Transportation Project Delivery Program; Ohio Department of Transportation Audit Report, 2026-09-16
- [2026-17996](https://policyrisk.com/federal-register/2026-17996): Safety Advisory 2026-01; Restricted Speed, 2026-09-03

## Sources
- [2025-12123 on federalregister.gov](https://www.federalregister.gov/documents/2025/07/01/2025-12123/prosecutorial-discretion-of-enforcement-attorneys)
- [2025-12123 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2025-07-01/pdf/2025-12123.pdf)

## Related
- [Previous: 2025-12121, Hazardous Materials: Adoption of Department of Transportation Special Permit 21…](https://policyrisk.com/federal-register/2025-12121)
- [Next: 2025-12124, Amendments to the Federal Railroad Administration's Procedures for Service of D…](https://policyrisk.com/federal-register/2025-12124)
- [All Federal Register documents](https://policyrisk.com/federal-register)

Source: PRIA, https://policyrisk.com/federal-register/2025-12123 (as of 2026-06-08).