Federal Register #FRA20250077

FRA Final Rule on Enforcement Discretion and Civil Penalty Process

This opportunity is a regulatory update from the Federal Railroad Administration (FRA), not a procurement action. - Government Buyer: - Federal Railroad Administration (FRA), Department of Transportation - No OEMs or vendors are involved, as this is not a solicitation for products or services - No products, part numbers, or quantities are requested - Notable Requirements: - Final rule clarifies the FRA Office of the Chief Counsel's discretion to decline or dismiss violations, especially technical ones without practical safety impact - Updates the Civil Penalty Process in federal regulations - Addresses industry and labor comments on enforcement discretion - Aims to streamline enforcement, reduce regulatory burden, and promote fairness for regulated entities

Description

This final rule clarifies that the Federal Railroad Administration's (FRA) Office of the Chief Counsel has discretion to decline or dismiss a violation, such as a technical violation where the challenged conduct does not raise a practical safety issue. The rule aims to streamline the enforcement process, relieve enforcement burdens on regulated entities, and promote due process and fairness. It also addresses comments received during the rulemaking process and finalizes revisions to the Civil Penalty Process in appendix A to part 209 of the Code of Federal Regulations. The rule is effective May 28, 2026, and is not considered a significant regulatory action.

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