Confirmed: David Armstrong Fink as Federal Railroad Administrator
POTUS 47 in January nominated Fink to head up the Federal Railroad Administration (FRA), succeeding Amit Bose, who resigned (as is customary with a change in Administrations). Fink, a fifth-generation railroader and son of the late David Andrew Fink, is former President of regional Pan Am Railways (now part of CSX). He got his start in the railroad industry in 1976 as a 15-year-old summer track worker at Conrail and had two co-op jobs with the Boston & Maine while at Northeastern University. After graduate school at Penn State, Fink worked for General Motors and for a crosstie manufacturing company. In 1998, he joined Guilford Rail System as Executive Vice President and served as President before it rebranded as Pan Am in 2006.
“I deeply appreciate [POTUS 47] for nominating me and [U.S. Transportation] Secretary [Sean P.] Duffy for supporting me through this long process,” FRA Administrator David Fink said in a statement released Oct. 8. “Under this Administration, FRA will return to its primary focus on safety, leveraging innovation, and maximizing our resources for a strong America now and in the future.”
Fink’s 15 Senate-confirmed predecessors are:
- A. Scheffer Lang (1967–1969)
- Reginald Whitman (1969–1970)
- John W. Ingram (1971–1974)
- Asaph H. Hall (1975–1977)
- John M. Sullivan (1977–1981)
- Robert W. Blanchette (1981–1983)
- John H. Riley (1983–1989)
- Gil Carmichael (1989–1993)
- Jolene Molitoris (1993–2000)
- Allan Rutter (2001–2004)
- Joseph H. Boardman (2005–2008)
- Joe Szabo (2009–2015)
- Sarah Feinberg (2015–2017)
- Ronald L. Batory (2018–2021)
- Amit Bose (2022–2025)
Until 1966, and creation by Congress of the Executive Branch Department of Transportation (DOT), railroad safety regulation was performed by Surface Transportation Board predecessor Interstate Commerce Commission. DOT transferred that responsibility to the FRA upon its 1967 creation as a DOT agency.
The Association of American Railroads (AAR), American Short Line and Regional Railroad Association (ASLRRA), Short Line Safety Institute, Amtrak, and American Public Transportation Association (APTA) were among the organizations that congratulated Fink on his confirmation.
“Freight rail is the backbone of the American economy—moving what matters safely, efficiently, and reliably every day,” AAR President and CEO Ian Jefferies said in a statement. “David’s unique experience as a fifth-generation railroader brings unmatched expertise to this role, enabling data-driven regulation and modernization that strengthens safety and performance across the network. AAR looks forward to collaborating with Administrator Fink and the FRA to advance smart, evidence-based policies that foster innovation, enhance supply chain resilience, and support U.S. global competitiveness. Together, we can ensure America’s rail system continues to lead the world.”
“David is well known to the short line industry, having led Pan Am Railways, an award-winning short line railroad,” ASLRRA President Chuck Baker noted in a separate statement. “He was an active member of the Association, contributing to safety committees and supporting safety culture across the industry. We are confident he will bring the same practical and thoughtful leadership skills and passionate focus on safety to his new role, leading the regulatory oversight of U.S. railroading.”
Baker also reported, in his February 2025 Railway Age column, that Fink “has extensive experience interacting with all relevant stakeholders in the rail industry. We know him as a high energy, solution-minded strategist, and following his confirmation, look forward to working with him on smart regulations that advance the safety of rail in the U.S. and on expediting the FRA’s critical infrastructure investment programs, particularly CRISI (Consolidated Rail Infrastructure and Safety Improvements).”
Short Line Safety Institute Executive Director Tom Murta said of Fink on Oct. 8: “His experience leading a short line, Pan Am Railways, provides a deep understanding of the unique challenges of short line railroads. As noted in his confirmation hearing testimony, Mr. Fink took advantage of our Safety Culture Assessment program while President of Pan Am Railways, and is committed to working collaboratively to make a very safe industry even safer. We look forward to working with him in supporting strong safety culture across the railroad industry.”
“We commend the Senate and Administration for confirming David Fink as Administrator of the Federal Railroad Administration,” Amtrak President Roger Harris said. “His deep experience in freight and passenger rail operations positions him well to lead the FRA in its critical oversight role. During his tenure at Pan Am Railways, he worked with Amtrak to advance safety, improve service reliability, and strengthen coordination between passenger and freight interests. We look forward to continuing that partnership as we focus on running a safe and efficient national passenger railroad. Working together with Administrator Fink, Secretary Duffy, [POTUS 47], and Congress, Amtrak remains committed to delivering safe and dependable service to the American public and to maintaining the highest standards of operational excellence.”
Commented APTA President and CEO Paul P. Skoutelas in an Oct. 7 statement: Fink’s “decades of rail leadership and deep industry expertise will be invaluable as the nation strengthens its passenger rail network. Passenger rail is essential to America’s mobility future—connecting communities, reducing congestion, and supporting economic growth. Administrator Fink’s proven record advancing innovation and operational excellence uniquely positions him to guide the FRA during this transformative era for passenger rail. Thanks to historic investments, communities across the country are ready to modernize passenger rail infrastructure, improve safety, and expand service. APTA looks forward to working closely with Administrator Fink and the FRA to advance policies that will grow intercity passenger rail, enhance commuter rail, and integrate them more seamlessly with other modes of transportation. As the next Surface Transportation Authorization Act takes shape, APTA and its 1,700 member organizations stand ready to collaborate with Administrator Fink and the FRA to secure the strong federal support needed to expand and modernize passenger rail. Together, we can deliver the safe, efficient, and innovative rail systems that Americans deserve.”
Also joining the U.S. Department of Transportation following their confirmation by the U.S. Senate on Oct. 7:
- Michael Rutherford, who will serve as the first Assistant Secretary for Multimodal Freight Infrastructure & Policy. According to the USDOT, Rutherford will lead an office that was originally conceived in the 2020 National Freight Strategic Plan and later created by Congress in 2021. In this position, he will be responsible for “developing national freight policy and data-sharing initiatives while working closely with industry and transportation leaders as well as state and local DOT’s.” He will also oversee all freight-related grant programs and research efforts, and lead working groups across the Department, “including efforts related to tackling the problem of cargo theft.”
- Gregory Zerzan, who will serve as General Counsel.
- Derek Barrs, who will serve as the eighth Administrator of the Federal Motor Carrier Safety Administration.
“Michael, Gregory, Derek, and David are accomplished leaders in their fields who will help us advance the transportation, safety, and infrastructure needs of the American people,” U.S. Transportation Secretary Sean P. Duffy said. “Welcome aboard!”
BACKGROUND
Sen. Ted Cruz (R-Tex.), Chairman of the Senate Committee on Commerce, Science, and Transportation, on May 13 convened a nominations hearing for Fink to be FRA Administrator, along with Robert A. Gleason Jr. to be an Amtrak Board Director, and for two executives to serve the Commerce Department.
At the hearing (click here to watch), Fink’s focus was on safety.
“Our freight railroad system is the envy of the world,” Fink noted in prepared testimony. “It moves what the nation needs for energy. It moves what the population eats. It moves the parts to the automobile assembly line, and it takes the finished vehicle to a final distribution location. It moves the containers from our ports. More importantly, it does this safely. Over the course of FRA’s existence, freight rail’s safety record has been on a positive trajectory for both train accidents and employee casualties. If confirmed, FRA will be dedicated to continuing that safety trend under my leadership. The nation’s rail network also moves millions of people across our great country. Amtrak, the national passenger rail system, provides intercity passenger rail service throughout and across the country, while a host of commuter rail systems provide more local service. It is critical the agency focus on its primary mission, which is one of safety first.”
Fink also addressed the need to “refresh government regulations, innovating where possible and removing burdensome and outdated roadblocks.” The rail industry “has been developing state-of-the-art technology to make a safe system even safer,” he pointed out. “Much of this technology is ready to be deployed and I look forward to ensuring FRA is a partner in advancing safety innovations and not a hinderance. If confirmed, one of my first jobs will be to get this safety technology out in the field, working to make the rail system even safer.”
Fink reported that, if nominated, he would “ensure FRA is focused on safety and efficiency” through its grant programs, as well. “I know firsthand how the Consolidated Rail Infrastructure and Safety Improvements (CRISI) program can support critical rail safety projects,” he noted. “I can also imagine there is room for improvement in the way FRA selects and delivers taxpayer funded projects.” (Editor’s note: This topic was discussed at a May 6 hearing of the House Committee on Transportation and Infrastructure, Subcommittee on Railroads, Pipelines, and Hazardous Materials. Click here to read more.)
Among the questions Fink fielded from the Senators was his commitment to supporting the various FRA grant programs. Sen. Jerry Moran (R-Kans.) asked about Fink’s support of the Corridor Identification and Development (Corridor ID) program. Kansas, the Senator said, has been awarded funding from that program for a potential extension of Amtrak’s Heartland Flyer between Oklahoma City and Fort Worth, Tex., with stops in Arkansas City, Wichita, and Newton, Kans. While Fink said he was not familiar with the Corridor ID program, he was “looking forward to sitting down and learning about all the different programs,” and working with Amtrak management “to improve the national network.”
Sen. Amy Klobuchar (D-Minn.) asked Fink if he was committed to the Rail Crossing Elimination grant program. “In my previous job, the majority of questions I got from Congressional staff were: ‘Why is your train blocking our crossing?’” Fink noted. “So I understand it from the railroad’s side and now I’m going to learn it from the FRA’s side. It’s important. In my interview with [USDOT] Secretary [Sean] Duffy, that was the second question he asked me … I think the grant programs are important and we’ve seen some real progress, and this is [another place where] technology will be able to help us—with blocked crossings. You have my commitment. We are going to be working on that right away.”
The hearing also addressed the Norfolk Southern derailment in East Palestine, Ohio, which the National Transportation Safety Board determined was caused by a wheel bearing burn-off. While rail safety legislation was introduced soon after, none passed. Sen. Shelley Capito (R-W.Va.) asked Fink: What can be done to ensure that the lessons learned are implemented by the railroads to prevent future accidents? The East Palestine accident “was an awful tragedy,” Fink said. He noted that railroads “have voluntarily put more sensors [hot-bearing detectors] out there to see if certain bearings are heating up, and to stop the train [if they reach a certain level] so we don’t have the same thing happen.”
Regarding legislation, Fink pointed out that his job at FRA would be to serve as “the enforcer” of any laws that are passed.
During the hearing, Sen. Marsha Blackburn (R-Tenn.) highlighted the rise in cargo theft nationwide, and asked Fink how he would address it. “It’s an issue that we need to sit down and talk [about] with the security folks from the railroads, our folks at FRA, and with the local communities,” Fink said. Blackburn told him that action is key.
Sen. Ben Ray Luján (D-N.Mex.) asked Fink if he would advocate for increased funding for Amtrak’s long-distance network “to address outdated equipment and maintenance issues.” Fink said: “I am for Amtrak being a national network and supporting Amtrak as a national network.”
Sen. Ed Markey (D-Mass.) asked Fink if he intends to maintain the FRA’s final rule, 49 CFR Part 218 [Docket No. FRA-2021-0032, Notice No. 5], RIN 2130-AC88, Train Crew Size Safety Requirements establishing minimum safety requirements for the size of train crews. Fink answered: “Yes.” While the rule doesn’t specifically preclude railroads from operating trains with one person crews (OPTO, “one-person train operations”), it makes it extremely difficult, if not impossible, for them to do so, going forward, Railway Age Editor-in-Chief William C. Vantuono reported when the rule was issued in April 2024.
Regarding the crew size mandate, Railway Age Capitol Hill Contributing Editor Frank N. Wilner (a former labor official) comments:
“While he assured labor he would honor the two-person crew rule of Amit Bose, Fink made no mention of the pending legal challenge.
“In April 2024, FRA finalized a two-person crew mandate in a 233-page rulemaking. It provides that railroads ‘staff every train operation with a minimum of two crew members (including a locomotive engineer and an additional crew member who will typically be a conductor) that travel with the train and can directly communicate with each other.’
“While the Final Rule does not explicitly preclude railroads from operating trains with one-person crews, a provision for exceptions is said by rail officials to make it extremely burdensome, if not impossible, to do so. Requirements include a rigorous safety assessment identifying all known risks on each route where a waiver is requested.
“Following publication of the Final Rule, numerous railroads filed court challenges that were consolidated into a single complaint before the 11th Circuit Court of Appeals. Said Florida East Coast Railway’s complaint: ‘[This is] one of the most consequential rulemakings in the history of American railroading. Never before—since the advent of the railroad in the nineteenth century—has the United States government required railroads to employ a specified number of crew members on a train. At a time when governments around the world are realizing the promise of technology in delivering more efficient transportation services, FRA is locking the American rail industry into the past.’
“The lawsuit alleges the FRA rule has 2 fatal flaws: 1) It runs afoul of a Supreme Court holding that regulatory agency edicts have ‘a rational connection between the facts found and the choice made’; and, 2) It violates Presidential Executive Orders No. 12291 (Ronald Reagan) and 12866 (Bill Clinton) requiring federal agencies, before publishing new rules, prove expected benefits exceed anticipated costs. The railroad challenge to FRA’s rule is pending before the appellate court with a decision expected by early 2026.”
