FRA final rule on Safe Trains Act

Following an announcement by the U.S. Federal Railroad Administration (FRA) on a final rule that safeguards the U.S. freight rail interchange system from foreign threats, the Rail Security Alliance thanked the FRA for its important work.

The final rule was required with the Nov. 15, 2021 enactment of the Infrastructure Investment Jobs Act (IIJA), which included a provision known as the “Stopping America’s Foreign Enemies Through Rail and Infrastructure National Security (SAFE TRAINS ACT).”

The Act, implemented in the final FRA rule, prevents foreign manufacturers from countries on U.S. watchlists, including Chinese manufacturers, from producing freight railcars and sensitive technologies for operation within the U.S. freight interchange rail system. Within the rolling stock market, China’s state-backed firm CRRC is on that list.

Speaking on behalf of the 65,000 freight railcar manufacturers and suppliers who contribute to the domestic freight railcar industry, RSA Executive Director Erik Olson said, “We thank FRA Administrator Amit Bose and the entire agency for issuing a final rule that reflects the intent of the SAFE TRAINS Act, as well as facilitates its proper implementation. Their work makes our freight rail interchange safer.”

Olson also thanked the House and Senate members who supported the provision, including: U.S. Rep. Rick Crawford (R-AR), a strong advocate for the safety of the U.S. freight railcar industry and interchange system, as well as U.S. Sen. John Cornyn (R-TX) for introducing the measure, and Sens. Tammy Baldwin (D-WI) and Jerry Moran (R-KS) for including the legislation as an amendment during Senate Commerce Committee consideration of what became the IIJA.

“Protecting the constant movement of critical goods and supplies on the U.S. freight rail interchange is not optional,” Olson said. “Representative Crawford and Senators Cornyn, Baldwin and Moran understand the urgency, and we have them to thank first and foremost.”

“Freight rail touches every state and economy in the U.S. It’s worth protecting. So, we also look forward to working with the incoming Trump Administration to ensure this regulation remains intact to prevent Chinese incursion in the freight rail interchange. President-elect Trump has already shown a strong commitment to countering China, for which we’re thankful,” Olson added.

As noted in its public comment earlier this year, RSA pointed out that the SAFE TRAINS Act goes beyond other Buy America requirements and closes a gap that would have allowed “an influx of state-subsidized rolling stock or components” to take over North American railroad systems.