The Federal Railroad Administration (FRA) recently announced a final rule that strengthens safety standards for newly-built freight cars placed into service within the United States.
“The safety and security of our nation’s freight rail system are of the highest importance,” FRA Administrator Amit Bose said. “The Bipartisan Infrastructure Law provides safety and security standards aimed at preventing the exploitation of freight cars for illicit purposes and the potential compromise of sensitive technologies within the industry. By enforcing stringent controls on where freight car technology and materials originate, this rule aims to minimize risks related to compromised security, ensuring that U.S. rail remains safe and reliable.”
The rule amends the Freight Car Safety Standards in 49 CFR Part 215 to establishes and ensures compliance regarding the use of sensitive technology and components originating from countries of concern or state-owned enterprises. The goal is to keep the rail network protected from risks of compromise or exploitation.
Under the new regulation, freight cars cannot be manufactured, assembled, and substantially transformed in, or use components from, a facility from countries of concern or restricted state-owned enterprises. Sensitive technology and any essential components of that technology also cannot originate from a country of concern or state-owned enterprise.
U.S. freight car manufacturers must maintain detailed records to support that they comply with the new standards and must certify cars before they are placed into service on the U.S. general railroad system. Manufacturers must turn the records over to the FRA upon request.
Violators risk civil penalties for noncompliance and also can be barred from supplying freight cars to the U.S. rail system
The rule is the latest action the FRA and the U.S. Department of Transportation have taken to improve rail safety.
The FRA issued rules that establish minimum safety requirements for the size of train crews, require railroads to develop written programs for certifying dispatchers and signal employees, require railroads to provide emergency escape breathing apparatus to train crews and other employees transporting certain hazardous materials, and require railroads maintain and update in real-time electronic information about rail hazmat shipments.
Over the last three years, the FRA has issued more than 20 safety advisories and bulletins regarding railroads and have conducted safety audits.
Workers employed at the Class I freight railroads now can report their experiences to FRA’s Confidential Close Call Reporting System which allows workers to report unsafe events anonymously.