Federal Railroad Administration Proposes English-Proficiency and Distance Limits for Mexican Train Crews Entering the US
The Facts
- The Trump administration announced a proposed rule on Friday, July 31, aimed at ensuring Mexican train crews hauling freight across the border can understand key safety information in English and that the use of foreign crews does not threaten U.S. jobs.
- The proposal would prevent foreign crews from operating trains more than 10 miles (16 kilometers) inside U.S. territory after crossing the border.
- The rule would also strengthen the standards for certifying that crews can safely operate a train, including by prohibiting automated train-control systems during certification evaluations.
- Union Pacific and CPKC are the two railroads that would be directly affected by the proposed restrictions on Mexican crews.
- The Federal Railroad Administration inspected two Texas rail yards near the border last fall and sent letters to CPKC and Union Pacific in December.
- FRA inspections found that some crew members had difficulty communicating in English with inspectors and dispatchers and understanding operating bulletins and hazardous-materials rules.
- Stated goals of the measure include ensuring crews can communicate in English with dispatchers, inspectors and emergency responders.
- Two major rail unions praised the proposal, while CPKC and the Association of American Railroads declined to comment while they study the rule.
- Union Pacific said in a statement, "We have the same goals -- safe, secure operations," and said it would continue working with its federal partners throughout the rulemaking process.
Context
What exactly would the proposed rule change?
It would require that Mexican freight crews crossing into the United States be able to understand and use English when communicating with dispatchers, inspectors and emergency responders, limit those crews to operating no more than 10 miles (16 km) inside U.S. territory, and tighten crew certification testing, including by prohibiting automated train-control systems during evaluations sipse.com,Canal 44,Transport Topics,Los Angeles Times.
What prompted the proposal?
The Federal Railroad Administration inspected two Texas rail yards near the border last fall on Union Pacific and CPKC, and sent letters to both railroads in December Yahoo! Finance,N+,cnbctv18.com. Inspectors reported that some crew members had difficulty communicating in English with inspectors and dispatchers and in understanding operating bulletins and hazardous-materials rules sipse.com,SanDiegoRed.
Is this already in effect?
No. It is a proposed rule announced Friday, and it remains in the rulemaking process; Union Pacific said it would continue working with federal partners throughout that process, while CPKC and the Association of American Railroads said they were studying the rule before commenting NDTV,N+,KSAT.
Where Left and Right agree, and where they split
- Where Left and Right agree
- Inspectors found crews who couldn't reliably follow English bulletins and hazmat rules, and both reads treat that as a real safety failure a certification standard should have caught.
- Where Left and Right split
- Workers and trackside communities absorbing risk the carriers won't price in, or American track running under American standards and protecting American jobs.
How left and right read it
Federal inspectors visited two Texas rail yards last fall and found some crew members struggling to communicate in English with dispatchers and inspectors and to understand operating bulletins and hazardous-materials rules. Two rail unions praised the resulting proposal. Union Pacific and CPKC declined to comment. Certification standards and limits on cross-border crews exist to protect the workers and trackside communities who absorb the risk, not the carriers' costs.
“A new federal initiative seeks to ensure Mexican train crews transporting freight across the U.S. border can comprehend vital safety information in English, while also protecting American jobs from the use of foreign labor.” — The Independent
Ten miles inside U.S. territory — that is the outer limit the proposed rule would set on foreign crews hauling freight across the border. Sovereign track ought to run under sovereign standards, and the stated aim includes making sure the use of foreign crews does not threaten American jobs. Certification would bar automated train-control during evaluations. If a crew cannot qualify without the machine handling it, what exactly is being certified?
The receipts — 26 sources
Independent coverage (26)
The news, read by both sides.
The day’s biggest stories in one short brief, built to show both sides and the competing values behind the headlines. Free in your inbox.