G/TBT/N/USA/2076  
11 December 2023  
(23-8404) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Federal Railroad Administration (FRA) [2107]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [X], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Freight 
car safety; Quality (ICS code(s): 03.120); Railway engineering in general (I CS code(s): 
45.020); Railway rolling stock (ICS code(s): 45.060)  
5. Title, number of pages and language(s) of the notified document:  Freight Car 
Safety Standards Implementing the Infrastructure Investment and Jobs Act; (17 page(s), 
in English)  
6. Descrip tion of content:  Notice of proposed rulemaking - FRA is proposing to amend the 
Freight Car Safety Standards (FCSS) to implement section 22425 of the Infrastructure 
Investment and Jobs Act (Act) . The Act places certain rest rictions on newly built freight 
cars placed into service in the United States (U.S.) including limiting content that 
originates from a country of concern (COC) or is sourced from a state -owned enterprise 
(SOE) and prohibiting the use of sensitive technolog y that originates from a COC or SOE. 
The Act mandates that FRA issue a regulation to monitor and enforce industry's 
compliance with the standards of the Act.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  National se curity requirements; Prevention of deceptive practices and 
consumer protection; Quality requirements; Cost saving and productivity enhancement  
8. Relevant documents:   
88 Federal Register (FR) 85561, 8 December 2023; Title 49 Code of Federal Regulations 
(CFR) Part 215 : 
https://www.govinfo.gov/content/pkg/FR -2023-12-08/html/2023 -26133.htm  
https://www.govinfo.gov/content/pkg/FR -2023-12-08/pdf/2023 -26133.pdf  
This notice of proposed rulemaking is identified by Docket Number FRA -2023-0021. The 
Docket Folder is available from Regulations.gov at G/TBT/N/USA/2076  
 
- 2 - 
 
  https://www.regulations.gov/docket/FRA -2023-0021/document  and provides access to 
primary documents as well as comments received. Documents are also accessible from 
Regulations.gov  by searching the Docket Number. WTO Members and their stakeholders 
are asked to submit comments to the USA TBT Enquiry Point  by or before 4pm Eastern  
Time on 6 February 2024. Comments received by the USA TBT Enquiry Point from WTO 
Members and their stakeholders will be shared with FRA and will also be submitted to the 
Docket  on Regulations.gov if received within the comment period.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  6 February 2024  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2023/TBT/USA/23_14252_00_e.pdf