The Association of American Railroads (“AAR”) last week welcomed the Senate’s recent confirmation of David Fink as Administrator of the Federal Railroad Administration (“FRA”), calling it a positive step for the rail industry.

AAR’s President & CEO Ian Jefferies praised Fink as a fifth-generation railroader with deep operational experience. Before joining the FRA, Fink served as President of Pan Am Railways, where he oversaw regional freight operations across New England. As Jeffries noted, “[f]reight rail is the backbone of the American economy – moving what matters safely, efficiently, and reliably every day.”

Jefferies emphasized that the AAR looks forward to collaborating with Fink on “smart, evidence-based policies” that strengthen rail safety, efficiency, and supply chain resilience. With Fink’s extensive industry background and the FRA’s regulatory mission, rail carriers and shippers are optimistic about a constructive partnership focused on advancing rail innovation and reliability.

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After months of anticipation, the Senate has received a nomination for a Commissioner of the U.S. Consumer Product Safety Commission (CPSC). 

In May 2025, President Trump removed the three Democratic Commissioners, leaving the two Republican Commissioners, Dziak and Feldman. Then, on August 22, 2025, Commissioner Dziak announced his resignation, leaving Acting Chairman Feldman as the sole Commissioner.

On October 2, 2025, President Trump nominated William “Billy” Hewes, III to join Acting Chairman Feldman as a Commissioner of the CPSC.

Continue Reading CPSC Commissioner Nominated

The Surface Transportation Board (STB) recently announced that it is considering issuing a policy statement clarifying the scope of preemption under the Interstate Commerce Commission Termination Act of 1995 (ICCTA). This development follows a joint letter from multiple rail, intermodal, and other industry associations urging the STB to provide clearer guidance to curb inconsistent state and local regulation affecting rail operations, as well as a series of Policy Review Team meetings with interested parties to discuss ideas for breaking down regulatory barriers and furthering competition. As the STB notes, a “major theme from these meetings was the need for greater clarity and consistency in preemption.”

Continue Reading STB Considering Move to Clarify ICCTA Preemption

The U.S. Consumer Product Safety Commission (CPSC) issued its Lapse Plan in advance of the federal government shutdown. The CPSC will furlough 35% of full-time employees, with the overwhelming majority of those retained focused on “protect[ing] life and property.” Under the Lapse Plan, consumer-oriented programs and, notably, civil penalties, will pause for the duration of any shutdown. To learn more, please read our Client Alert CPSC Shutdown Plan: Continue Enforcement, Pause Public Engagement and Civil Penalties.

On August 12, 2025, Alaska Marine Lines, which operates barge services to Hawaii and Alaska, announced that it will no longer ship electric vehicles (EVs) or plug-in hybrid electric vehicles (PHEVs) on its vessels. The prohibition on EVs and PHEVs took effect immediately for barges to Hawaii, Central Alaska, and Western Alaska, and took effect on September 1 for barges to Southeast Alaska. The company attributed the change to “the increased complexity and fire risk associated with shipping large lithium-ion batteries on vessels at sea.” EV fires pose unique difficulty for firefighters, ranging from the difficulty of extinguishing the fire to the gases released. The announcement comes about two months after a cargo ship carrying thousands of new vehicles, including EVs and PHEVs, caught fire off the coast of Alaska and burned for weeks before eventually sinking.

Continue Reading Alaskan and Hawaiian Barges Will No Longer Carry EVs Due to Concerns Regarding Fires
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Last Thursday, the Senate confirmed three of President Trump’s picks for Department of Transportation (DOT) administrator positions:

  • Jonathan Morrison, National Highway Traffic Safety Administration (NHTSA)
  • Sean McMaster, Federal Highway Administration (FHWA)
  • Paul Roberti, Pipeline and Hazardous Materials Safety Administration (PHMSA)

The confirmations were considered “en bloc,” meaning that the administrators, along with 45 of President Trump’s other executive branch nominees, were confirmed by a single Senate vote.

Jonathon Morrison’s confirmation fills a three-year vacancy in the Administrator position at NHTSA. Ann Carlson was previously nominated by President Joe Biden in 2022, but her nomination was ultimately withdrawn, and she served as Acting Administrator until 2023. Prior to Jonathan Morrison’s confirmation, Peter Simshauser (NHTSA Chief Counsel) served as Acting Administrator.

The U.S. Consumer Product Safety Commission’s (CPSC’s) proposed safety standard for lithium-ion batteries used in micromobility products is back on the agency’s agenda.

On August 21, Acting Chairman and current sole Commissioner of the CPSC, Peter Feldman, issued a statement announcing several advancements of “critical safety standards” to the Office of Information and Regulatory Affairs (OIRA) pursuant to Executive Order No. 14215, “Ensuring Accountability for All Agencies,” including the CPSC’s draft proposed rule on lithium-ion batteries used in micromobility products. The lithium-ion micromobility product standard, and whether the CPSC would put it forward for codification, has been in flux for months. The CPSC originally introduced the rule on January 8, 2025 following the bipartisan “Setting Consumer Standards for Lithium-Ion Batteries Act” bill signaling Congress’s desire for the CPSC to issue a consumer product safety standard for rechargeable lithium-ion batteries used in micromobility devices. In April, the CPSC voted to move forward with the rule, but subsequently withdrew it following President Trump’s firing of three Democratic Commissioners. The proposed rule was most recently re-noticed by the CPSC on June 20, 2025, when those three Commissioners were temporarily reinstated, but withdrawn just days later, without explanation.

Continue Reading CPSC Takes Another Step to Advance Draft Rule on Lithium-Ion Batteries Used in Micromobility Products

On August 7, 2025, the Federal Aviation Administration (FAA) and the Transportation Security Administration (TSA) took a major step toward expanding the deployment of drones in U.S. airspace by jointly releasing a Notice of Proposed Rulemaking (NPRM) that would establish comprehensive, performance-based regulations for UAS operations beyond visual line of sight. To learn more, please read our Client Alert Landmark Proposed Rule May Open American Skies to Expanded Commercial Drone Deployments.

The White House has issued a highly anticipated Executive Order aimed at improving the competitiveness of the U.S. commercial space industry. The Order, titled “Enabling Competition in the Commercial Space Industry,” was issued on August 13, 2025 and directs multiple federal agencies to overhaul regulatory requirements in four key areas: (1) commercial launch and reentry licensing, (2) spaceport infrastructure, (3) novel space authorizations, and (4) leadership and accountability. A high-level overview of the EO’s provisions in each of these areas is below.

Commercial Launch and Reentry Licensing: The EO orders a thorough overhaul of the Federal Aviation Administration’s (FAA) launch and reentry regulations, contained in 14 CFR Part 450, instructing the FAA to “reevaluate, amend or rescind” Part 450 requirements, including determining if certain types of launch vehicle should be subject to less stringent licensing requirements.

Continue Reading White House Issues Executive Order to Accelerate Commercial Space Activities

A U.S. District Court judge last week granted American Airlines’ motion to decertify several subclasses of pilots in a suit alleging the airline wrongly denied its pilots pay and profit-sharing credit for absences for short-term military leave because “[o]ne size does not fit all” when it came to the class claims. The decision is a dramatic pivot in the long-running Scanlan v. American Airlines case, which will now continue only on behalf of the two named plaintiffs rather than as a class action.

Continue Reading District Court Decertifies Class in Scanlan v. American Airlines