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Final ruleTook effect May 28, 2026

Prosecutorial Discretion of Enforcement Attorneys

Built by the Tribune's code from the Federal Register. No AI wrote this page. Published in the Federal Register April 28, 2026. Document 2026-08250. Updated Nov. 12, 2026.

What it does

This final rule clarifies 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.

The Federal Railroad Administration's summary, as published in the Federal Register.

What changed in the regulation

1 part of Title 49 of the Code of Federal Regulations:

49 CFR 209

Wording on eCFR: the day before it took effect and from the day it took effect (first part listed).

Compared with

The Federal Railroad Administration has published 23 final rules in 2026 so far, compared with 37 in all of 2025.

Counted by the Tribune from Federal Register records since Jan. 1, 2025.

Before this

1 earlier Federal Register document under regulation identifier 2130-AD11 since Jan. 1, 2025.

What happens next and when

This rule is effective May 28, 2026.

The agency's dates, word for word.

Document number2026-08250
ActionFinal rule.
AgenciesTransportation Department; Federal Railroad Administration
PublishedApril 28, 2026
Effective dateMay 28, 2026
Regulation identifier (RIN)2130-AD11
DocketFRA-2025-0077

Source: the Federal Register (public domain). The document in the Federal Register