Fink says he'll uphold FRA's 2-person train crew rule

By Julie Sneider, Senior Editor

Federal Railroad Administration Administrator-Nominee David Fink told a Senate committee during his confirmation hearing this week that he would uphold the FRA's two-person train crew rule.

Approved last year by the FRA, the train crew rule mandates a second crew member on Class I freight and passenger trains. A two-person train crew requirement also was included in the Rail Safety Act bills introduced in Congress in response to the February 2023 derailment of a Norfolk Southern Railway train in East Palestine, Ohio.

Vice President JD Vance, who was a senator from Ohio when the derailment occurred, was one of the lawmakers who introduced the rail safety legislation after the accident. Also, President Donald Trump as a presidential candidate in 2023 had said he supported the two-person train crew requirement.

Although the last Congress did not pass the Railway Safety Act legislation, the FRA last year approved the train-crew rule among several rail safety measures implemented after the East Palestine tragedy.

The Association of American Railroads strongly opposes the two-person crew mandate.

Appearing before the U.S. Senate Committee on Commerce, Science and Transportation on May 13, Fink said "yes" when Sen. Ed Markey (D-Mass.) asked him directly if, as FRA administrator, he would uphold the two-person train crew mandate. 

Sen. John Fetterman (D-Pa.), asked Fink if he would commit to supporting the Railway Safety Act if he's approved as FRA administrator.

"My colleagues and I wrote the Railway Safety Act; the bill made sure tragedies [like East Palestine] don't happen," said Fetterman. "It was a strong bipartisan bill. ... In fact, it may be the only thing that Trump, Vance and Biden agreed on. But now it's stalled and I don't know why that's the case. We should be rowing in the same direction."

In response, Fink said he would ensure the law is enforced if passed. Fink's opening statement to the committee can be read here. 

Wednesday's Senate committee hearing also covered Trump's nomination of Robert Gleason as a member of Amtrak's board. A video of the hearing can be viewed here.