Non-performance would in fact be penalized through the use of the administrative monetary penalty.
These penalties are used in various statutes. The fact that they go to the government is a feature of administrative monetary penalty regimes. The focus is not on earning revenues; the focus is on providing a deterrent to non-performance under the law. This is a feature of these regimes.
They are used in legislation, and in this case the mechanism was used to provide a strong deterrent in a way that is consistent with the role of regulatory agencies, rather than follow a proposed approach whereby anything may be proposed by way of penalties and then the regulatory agency would have to set up a scheme for future breaches without knowing what those breaches might be.
The complexity of establishing a scheme before breaches have taken place is something that is just not done by regulatory agencies.
As to the specific issue of shippers being compensated for any damages they suffer from a breach, they can in the end go to the courts, so there is a mechanism for shippers to seek damages. But there is also the deterrent on non-performance by a railway through the administrative monetary penalty regime.