Sec. 9510. Safe cross border operations
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Section 416 title IV of division A of the Rail Safety Improvement Act of 2008 ( 49 U.S.C. 20107 note) is amended— by striking Mechanical and brake and inserting
(a); and In general.— Mechanical and brake by adding at the end the following: The Secretary may not grant any waiver or waiver modification that provides for the ability to perform mechanical or brake inspections of rail cars in Mexico in lieu of complying with the certification requirements of this section. . Title IV of division A of the Rail Safety Improvement Act of 2008 ( Public Law 110–432 ) is amended by adding at the end the following: The Secretary of Transportation may not permit covered rail employees to enter the United States to perform train or dispatching service unless the Secretary certifies that— Mexico has adopted and is enforcing safety standards for covered rail employees that are equivalent to, or greater than, those applicable to railroad employees whose primary reporting point is in the United States, including qualification and certification requirements under parts 240 and 242 of title 49, Code of Federal Regulations; covered rail employees are subject to the alcohol and drug testing requirements in part 219 of title 49, Code of Federal Regulations, including the requirements of subparts F, G, and H of such part, to the same extent as such requirements apply to railroad employees whose primary reporting point is in the United States and who are subject to such part; covered rail employees are subject to hours of service requirements under section 21103 of title 49, United States Code, at all times any such employee is on duty, regardless of location; covered rail employees are subject to the motor vehicle driving record evaluation requirements in section 240.115 of title 49, Code of Federal Regulations, to the same extent as such requirements apply to railroad employees whose primary reporting point is in the United States and are subject to such section, and that such evaluation includes driving records from the same country as the employee’s primary reporting point; and the Federal Railroad Administration is permitted to perform onsite inspections of rail facilities in Mexico to ensure compliance with paragraphs
(1)and (2). Not later than 5 days after the date on which the Secretary certifies each of the requirements under paragraphs
(1)through
(5)of subsection (a), the Secretary shall publish in the Federal Register— notice of each such certification; and documentation supporting each such certification. To ensure compliance with the requirements of this section and any other applicable safety requirements, the Secretary shall— allow for public comment on the notice required under paragraph (1); and hold a public hearing on such notice. On the date on which each publication required under paragraph
(1)is published in the Federal Register, the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of such publication. For purposes of compliance with subsection (a)(2), the exemption contained in part 219.3(d)(2) of title 49, Code of Federal Regulations, shall not apply. To ensure compliance with the drug and alcohol testing programs described in subsection (a)(2), the Office of Drug and Alcohol Compliance in the Department of Transportation shall conduct an annual audit of such programs and recommend enforcement actions as needed. In this section, the term covered rail employee means a railroad employee whose primary reporting point is in Mexico. . The table of contents in section 1(b) of the Rail Safety Improvement Act of 2008 ( Public Law 110–432 ), is amended by inserting after the item relating to section 420 the following: Sec. 421. Safety standards for certain rail crews. .
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- Pub. L. 110-432
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