“David will bring his 45-plus years of transportation leadership and success, which will deliver the FRA into a new era of safety and technological innovation,” the President-elect said in a post on Truth Social.
American Short Line and Regional Railroad Association (ASLRRA) President Chuck Baker issued the following statement in response to the announcement:
“ASLRRA is excited to support the nomination of David Fink to lead the Federal Railroad Administration. David will bring a fulsome understanding of the entirety of the unique, interconnected U.S. freight rail network. As the CEO of [Class II] railroad Pan Am Railways prior to its sale [to CSX], David was an active and respected participant in our Association. Under his leadership, Pan Am was an industry-award-winning company. He has extensive experience interacting with all of the 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.”
Amtrak CEO Stephen Gardner issued the following statement:
“David Fink’s extensive railroad and transportation experience makes him a great candidate for Administrator of the Federal Railroad Administration. Amtrak successfully collaborated with David on safety, technology and passenger train performance while he led Pan Am Railways. We look forward to working with Secretary Designee Duffy, Administrator Designee Fink, [the] President-elect, and Congress as we elevate the travel experience, revitalize the economy, create jobs,and transform intercity passenger rail for this great country.”
TD Cowen Insight: ‘Starting Early: President-Elect Taps Carrier Friendly FRA Head’
“The President-elect has tapped David Fink, former President of Pan Am Railways, as his next Administrator to the Federal Railroad Administration. This move came surprisingly early in our view and is one that should be favorable to the U.S. carriers. This move could signal that an STB appointment is next,” reports TD Cowen Managing Director, Industrials and Railway Age Contributing Editor Jason Seidl. “Pan Am Railways is a [regional railroad] that boasts coverage across New England and was purchased by CSX back in 2020. [Fink] has railroading in his blood as he is a fifth-generation railroader. We view this appointment as a positive for U.S. railroad stocks.
“This appointment must be approved by the Senate but has already gotten some important industry endorsements from ASLRRA and the Amtrak CEO. This appointment comes much earlier than we anticipated as in the President-elect’s [first] Administration he did not appoint anyone to the FRA until approximately seven months into his term.* It could also signal that a Surface Transportation Board (STB) appointment is next for the President-elect (something that took him more than a year in his first term).
“The appointment is important for the rail industry as the FRA is the organization that oversees the creation/enforcement of rail safety regulations, administers railroad funding, and researches technologies for rail operational improvement. The FRA was the organization that required railroads to have a minimum of two-person crews earlier this year (although some exceptions were allowed). This was a setback for many in the rail industry that hoped technological advancements could bring about one-person crews for non-hazardous moves (the technology for which the Class I’s have possessed for a long time).”
*Editor’s Commentary: Ron Batory was nominated as Federal Railroad Administrator as soon as the President-elect took office for his first term in January 2017. He was selected by incoming Transportation Secretary Elaine Chao in 2016, following the November election. Batory’s confirmation was intentionally stalled by then-Senate Minority Leader Chuck Schumer in retaliation for the then-President’s attempt to kill the Gateway Program. Batory finally was confirmed as Federal Railroad Administrator in early 2018. In the interim, he had worked behind the scenes, patiently biding his time, as a special advisor to Chao. Batory was nominated by President Biden to the Amtrak Board in early 2024, and the President-elect tried to kill his nomination as well as those of three other Biden nominees to the Board. But at the 11th hour, when the 118th Congress was set to adjourn, Schumer—now outgoing Senate Majority Leader and incoming Minority Leader—used a late-played and hardball parliamentary maneuver forcing Republican acquiescence despite a warning to Senate Republicans from the President-elect to block the effort, won confirmation early Saturday morning, Dec. 21, of all four new Amtrak Board members. Ironic, right?
“A President makes more than 1,200 nominations requiring Senate confirmation,” Capitol Hill Contributing Editor Frank N. Wilner points out. “While the FRA Administrator and STB members are at the top of railroaders’ radar screens, they are relatively unimportant globally. The longer delay typically is gaining Senate confirmation as there must be committee hearings and then limited Senate floor time owing to other legislative business. And that assumes there are no ‘holds’ placed on nominees for reasons a Senator is not required to reveal. For sub-Cabinet post nominees, it is thus not uncommon for their confirmation to take months even if there is no opposition. The STB has often functioned without all seats filled. At the FRA, which is an Executive Branch agency as opposed to the independent STB, we can expect career FRA staff member and Executive Director Mark Lestingi to fill the top FRA post until a new Administrator is formally nominated and Senate-confirmed. The current Administrator, who serves at the pleasure of the President, will, by custom, resign on Jan. 20, Inauguration Day.” – William C. Vantuono.
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