Hazmat 101 News - January 2007
TSA, DOT Propose Rail Transportation Security Rules for
Carriers, Shippers, and Facilities
The December 21, 2006 Federal Register (USA) includes two separate but
related proposed rules aimed at increasing security of rail transportation.
Below is a summary of both proposals.
A. Pipeline and Hazardous Materials Safety Administration (PHMSA)
[49 CFR Parts 172 and 174]
PHMSA, an agency of the U.S. Department of Transportation (DOT), in
consultation with the Federal Railroad Administration and the
Transportation Security Administration (TSA), is proposing to revise the
current requirements in the Hazardous Materials Regulations (HMR) applicable to
the transportation of hazardous materials transported by rail. Specifically, PHMSA proposes:
- To require rail carriers to compile annual data on specified
shipments of hazardous materials, analyze the data for safety and
security risks, and make routing decisions. This requirement applies
to high risk hazmats such as explosives, poisonous by inhalation materials
(e.g., chlorine), and highway route-controlled radioactive
materials.
- Clarifications of the current security plan requirements to address
en route storage, delays in transit, and delivery notification.
- To require rail carrier to conduct additional security inspection
for hazardous materials shipments. Rail carrier must visually inspect
all placarded rail cars at ground level for
signs of tampering, including closures and seals, for suspicious items
or items that do not belong, and for other signs that the security of
the car may have been compromised, including the presence of an
improvised explosive device. Prior to acceptance, the railroads
would spend more time inspecting placarded rail cars at the shippers'
pickup areas, interchanges, and rail yards, which may add to longer
delivery times and higher transport costs.
B. Transportation Security Administration (TSA) [49 CFR Parts 1520
and 1580]
TSA's jurisdiction extends beyond DOT's jurisdiction. TSA's proposed rule is intended to augment existing rail
transportation laws and regulations that DOT administers. TSA proposes security requirements for freight railroad carriers;
intercity, commuter, and short-haul passenger train service providers;
rail transit systems; and rail operations at certain, fixed-site
facilities that ship or receive specified hazardous materials by rail.
Specifically, TSA proposes:
- To codify the scope of TSA's existing inspection
program and to require regulated parties to allow TSA and Department of
Homeland Security (DHS) officials to enter, inspect, and test property,
facilities, and records relevant to rail security.
- That each regulated party designate a "rail security
coordinator" and alternate at the corporate level and to require reporting
of significant security concerns to DHS.
- That freight rail carriers and certain facilities
handling hazardous materials be equipped to report location and shipping
information to TSA upon request and to implement chain of custody
requirements to ensure a positive and secure exchange of specified
hazardous materials.
- To clarify and extend the sensitive security
information (SSI) protections to cover certain information associated with
rail transportation.
The following summary table identifies the organization that are
affected by proposed TSA rule and applicability of its measures.
What to Do
If your organization is affected by the proposed rules, you may want to
review
the proposals for impact and consider submitting comments. The
comments deadline for both rules (TSA and PHMSA) is 2/20/07.
References
