Focusing on more important matters as candidates for enforcement action is simply a wise use of FRA's limited resources. This more focused exercise of safety assurance and compliance may increase or decrease the overall number of enforcement actions. C. Small Railroad Enforcement FRA's guidance to field inspectors emphasizes the unique nature of small railroads. That guidance encourages inspectors to help small railroads find ways to achieve compliance. FRA exercises special care in enforcement discretion where small entities are involved.
Civil penalties can have a disproportionate impact on small rail operations.
However, there are situations where a small railroad or shipper may be fined to gain compliance. All or part of a penalty may be waived when the violation is corrected within a reasonable period. The agency may waive up to 100 percent of the financial penalties if the amounts waived are used to bring the entity into compliance. These provisions do not apply to violations involving criminal wrongdoing or a significant threat to health, safety, or the environment. FRA has discretion not to seek civil penalties or take other enforcement action when it detects a non-compliance.