The Trump administration wants to make sure that the Mexican train crews who haul freight over the border can understand key safety safety information in English and that the common practice of using foreign crews to cross into America doesn’t threaten U.S. jobs. Two major rail unions praised the proposed rule announced Friday that would also strengthen the standards for certifying that crews can safely operate a train. The government had concerns after inspecting two Texas railyards near the border last fall on the two railroads directly affected by these restrictions on Mexican crews -- CPKC and Union Pacific. CPKC and the Association of American Railroads trade group declined to comment while they study the rule. “We have the same goals -- safe, secure operations that keep the supply chain fluid,” Union Pacific said in a statement. “And we will continue working with our federal partners through the regulatory process.” Inspections documented language concerns The U.S. Federal Railroad Administration sent letters to both CPKC and UP in December after those inspections found several instances of train crews having trouble understanding English. The government urged those railroads to reexamine their practices and make sure that Mexican crews can speak English and don’t operate a train more than 10 miles (16 kilometres) inside America. The Federal Railroad Administration said at the time the concern was that these Mexican crews bringing trains into Union Pacific’s Eagle Pass rail yard and CPKC’s facility in Laredo were having a hard time understanding operating bulletins and U.S. regulations that require information about hazardous materials and emergency responses to be maintained in English. Both UP and CPKC have pledged to make sure they were following the existing rules, including that the Mexican crews do not travel more than 10 miles into the United States. But now the federal government wants to strengthen the rules “because railroad crews must be able to communicate fully and accurately when crossing into the United States, most notably with dispatchers and emergency responders during a crisis, as a safety-critical function.” Rail unions and the U.S. Transportation Department worry This rail safety effort aligns closely with the U.S. Transportation Department’s efforts to ensure that truck drivers can understand English, so they can read road signs and warnings and communicate with first responders after an accident or during an inspection. The government has tried to withhold millions of dollars in highway funding from New York and California because it isn’t satisfied with the steps those states have taken to make sure the commercial driver’s licenses they issue are valid. Mark Wallace, the national president of the Brotherhood of Locomotive Engineers and Trainmen union, has been raising concerns about this practice of using Mexican train crews for several years because of safety, security and job concerns. The union has said that the handoffs used to happen right at the border, but now Union Pacific and CPKC routinely ask Mexican crews to bring trains several miles over the border to one of their railyards where the crew switches can be done more safely. But the firm 10-mile (16-kilometre) restriction in this rule will prevent the railroads from expanding this practice to railyards further into America like the union said UP was considering in New Mexico. “Trains originating from Mexico, operated by foreign crews were unable to communicate with dispatchers in English and the language barrier posed a hazard in the event of a derailment or other incident,” Wallace said. Trains started crossing the border to limit smuggling But the railroads have said that this practice of using Mexican train crews to bring the trains into railyards in America was developed in 2018 with the approval of the first Trump administration to address smuggling concerns. When trains are stopped at the border smugglers often try to conceal drugs or other contraband aboard them and immigrants might jump aboard to get into the United States. It is also routine for Canadian crews to bring trains a few miles over the northern border with the United States before handing off to American crews. New rules should strengthen crew certification standards The SMART-TD union that represents conductors and other rail workers also said the provisions of the rule that will prohibit train crews from using a system that’s similar to cruise control for freight trains when they take their certification tests will help ensure they can operate a train safely. “Railroad certifications should represent proven ability, not simply possession of a certificate,” said Jared Cassity, who is SMART-TD’s top safety expert. “When lives are on the line, the FRA must know that an engineer can safely operate a train, not just supervise a computer doing it.” Josh Funk, The Associated Press
