On May 13, 2025, the Senate Committee on Commerce, Science, and Transportation held a confirmation hearing for David Fink, nominee for Administrator of the Federal Railroad Administration (FRA). Led by Senator Ted Cruz, the hearing spanned two hours and focused on Fink’s industry background, safety record, and priorities for the FRA.

Fink began by highlighting his experience in the industry, including his tenure as President of Pan Am Railways, and emphasized a commitment to modernizing the FRA’s approach. His goals included refreshing outdated regulatory frameworks, bolstering safety technology, supporting critical safety projects through grant funds, and continuing to work toward zero injuries and zero accidents in rail.

Senators from both sides of the aisle pressed Fink on rail safety concerns. Senator Peters (D-Mich.) raised concerns about the FRA’s prior finding of safety deficiencies at Pan Am Railways and asked whether Fink accepted those findings. Fink denied the findings and stressed ongoing corrective actions and a collaborative approach with union workers. Senator Cantwell (D-D.C.) spotlighted the high accident rates on mainline rail.

Multiple senators, including Moran (R-Kan.), Klobuchar (D-Minn.), and Capito (R-W. Va.), sought clarity on the FRA’s regulatory role in implementing safety technology. Fink broadly supported modernization efforts and pledged timely resolution of blocked rail crossings and stagnant safety initiatives, such as the stalled Railroad Safety Act. Senator Duckworth (D-Ill.) focused on Chicago Hub Improvement Program (CHIP) funding distribution and the importance of prompt grant allocations. Senator Blackburn (R-Tenn.) voiced concerns about cargo theft in Memphis, with Fink acknowledging the issue and committing to work on solutions. Responding to Senator Markey (D-Mass.), Fink also affirmed that he would uphold the two-person crew mandate if confirmed.

***

For detail and discussion, please contact the authors.

Tags: Confirmation Hearing, David Fink, FRA, Senate Committee
Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Kendyl Barnholtz Kendyl Barnholtz

Kendyl Barnholtz is an associate in Crowell’s Litigation and Antitrust groups, where she supports all stages of litigation and represents clients across a variety of industries.

Before joining Crowell, Kendyl gained valuable experience externing at the U.S. Attorney’s Office for the Central District

…

Kendyl Barnholtz is an associate in Crowell’s Litigation and Antitrust groups, where she supports all stages of litigation and represents clients across a variety of industries.

Before joining Crowell, Kendyl gained valuable experience externing at the U.S. Attorney’s Office for the Central District of California, serving as a law clerk at the Los Angeles District Attorney’s Office, and externing for the Honorable R. Gary Klausner in the Central District of California.

While earning her J.D. from Loyola Law School, Kendyl served as the chief note and comment editor for the Loyola of Los Angeles Law Review. She received her B.A. in political science from UCLA.

Read more about Kendyl BarnholtzKendyl's Linkedin Profile
Show more Show less
Photo of Scott L. Winkelman Scott L. Winkelman

Scott L. Winkelman is a partner in the firm’s Litigation Group and co-chair of the firm’s Transportation Practice. Scott co-founded the firm’s Product Risk Management Practice, has served on the firm’s Management Board and Executive Committee, and for a time managed the firm’s…

Scott L. Winkelman is a partner in the firm’s Litigation Group and co-chair of the firm’s Transportation Practice. Scott co-founded the firm’s Product Risk Management Practice, has served on the firm’s Management Board and Executive Committee, and for a time managed the firm’s New York office and its Regulatory initiative.

Scott represents clients in class actions, force majeure and other contract disputes, multidistrict proceedings, arbitrations, and other complex litigation in products and commercial matters nationwide.

Scott represents clients in agency proceedings before the National Highway Traffic Safety Administration (NHTSA), the Consumer Product Safety Commission (CPSC), and related product regulatory bodies, including in connection with four of the largest automotive recalls in United States history.

Scott conducts product and business risk assessments; performs crisis management; and counsels on liability prevention, commercial contracting, warranty, and best practices in law functions and legal management.

Scott is a certified “black belt” in Six Sigma methodology and brings project efficiencies to his client engagements.

Scott has been recognized by BTI Consulting Group as a 2020 Client Service All-Star. The honor, bestowed by corporate counsel, recognizes attorneys who “stand above all the others in delivering the absolute best in client service. Amid all the changes and unexpected events, they stand tallest.”

Since 1997, Scott has been selected by his peers for inclusion in The Best Lawyers In America as a “Best Lawyer” in the area of product liability litigation, and has been ranked in Super Lawyers.

Scott served as judicial clerk to the Honorable John Pratt of the U.S. District Court for the District of Columbia.

Scott is married with two children and roots for all Detroit sports teams.

Read more about Scott L. WinkelmanScott's Linkedin Profile
Show more Show less
Photo of Mimi Dennis Mimi Dennis

Mimi S. Dennis represents leading national and global companies in commercial, civil, and product liability litigation and product regulatory counseling matters. Her clients include Class I and short line railroads, manufacturers, distributors, importers, and retailers.

With a focus on the rail, pharmaceutical, energy…

Mimi S. Dennis represents leading national and global companies in commercial, civil, and product liability litigation and product regulatory counseling matters. Her clients include Class I and short line railroads, manufacturers, distributors, importers, and retailers.

With a focus on the rail, pharmaceutical, energy, and construction industries, Mimi defends clients in multidistrict proceedings, arbitrations, and other complex litigation. She also has first chair bench and jury trial experience. Mimi understands the nuances of the industries in which her clients operate, and she strives to help them balance litigation risks with business goals. Clients appreciate her hands-on approach and her sincere interest in developing strong personal relationships and a deep understanding of their businesses. Staying current on litigation issues, Mimi has published several articles on environmental and civil litigation matters, ranging from a discussion of class action certification to defenses in pharmaceutical failure-to-warn cases.

On the counseling side of her practice, Mimi helps clients limit risk and avoid liability and compliance issues. Representing clients in the food, beverage, chemical, medical device, and pharmaceutical industries, she handles regulatory matters before federal and state agencies, including FDA, EPA, and IRBs. Acting as an advisor to her clients, she carefully assesses risks, recommends actions, and counsels clients on contract formation, negotiation, and interpretation.

Mimi is a member of the firm’s Mass Tort, Product, and Consumer Litigation, Product Risk Management, and Transportation groups. In 2024, she was selected as a member of the Law360 Transportation Editorial Board and accepted as a member of the General Counsel Committee of the American Short Line and Regional Railroad Association (ASLRRA). Mimi maintains an active pro bono practice focused on providing legal services to immigrant women and girls who are survivors of gender-based violence, and has also served as a guardian ad litem in D.C. Superior Court.

Read more about Mimi DennisMimi's Linkedin Profile
Show more Show less
Related Posts
Crowell Takes the Stage at 2025 Transportation Lawyers Association Annual Conference
May 12, 2025
Upcoming FRA Nomination Hearing
May 9, 2025
Rail Derailment Trial Update: Jury Finds GATX Not Liable
May 7, 2025