(a) A person may not accept a hazardous material for transportation or transport a hazardous material by rail unless that person receives a shipping paper prepared in accordance with part 172 of this subchapter, unless the material is excepted from shipping paper requirements under this subchapter. Only an initial carrier within the United States must receive and retain a copy of the shipper's certification as required by § 172.204 of this subchapter. This section does not apply to a material that is excepted from shipping paper requirements by this subchapter.

(b) Each person receiving a shipping paper required by this section must retain a copy or an electronic image thereof, that is accessible at or through its principal place of business and must make the shipping paper available, upon request, to an authorized official of a Federal, State, or local government agency at reasonable times and locations. For a hazardous waste, each shipping paper copy must be retained for three years after the material is accepted by the initial carrier. For all other hazardous materials, each shipping paper copy must be retained for one year after the material is accepted by the initial carrier. Each shipping paper copy must include the date of acceptance by the initial carrier. The date on the shipping paper may be the date a shipper notifies the rail carrier that a shipment is ready for transportation, as indicated on the waybill or bill of lading, as an alternative to the date the shipment is picked up, or accepted, by the carrier.

(a) Prior to movement of a train, a railroad must provide the train crew with train consist information as defined in § 171.8 of this subchapter in hard-copy (printed paper) form that includes: a railroad-designated emergency response point of contact (including contact phone number) in a conspicuous location; and the position in the train and contents of each hazardous material rail car by reporting mark and number, to include the:

(1) Point of origin and destination of the train;

(2) Shipping paper information required by §§ 172.201 to 172.203 of this subchapter; and

(3) Emergency response information required by § 172.602(a) of this subchapter.

(b) The train crew must update the train consist information to reflect any changes in the train consist information occurring at intermediate stops prior to continued movement of the train. Additionally, any update to the train consist information must be made and reflected in the electronic train consist information required pursuant to § 174.28 of this subpart prior to continued movement of the train. The train crew may use electronic, radio communications, or other means to notify the railroad to update the electronic train consist information. Class III railroads complying with the alternative compliance requirements described in § 174.28(c) of this subpart are not subject to the requirement to update electronic train consist information.

(c) The train consist information must always be immediately available for use by the train crew while the train is in transportation. When the train crew is aboard the train locomotive, the train consist information shall be stowed in a conspicuous location of the occupied locomotive.

(d) Railroad operating rules for use of electronic devices by the train crew and use of electronic devices by the train crew in association with updates to train consist information requirements of this section and § 174.28 of this subchapter must comply with 49 CFR part 220, subpart C.

(a) Retention and notification requirements. Each railroad operating a train carrying hazardous materials must at all times maintain in electronic form, off the train, accurate train consist information as required in § 174.26 of this subpart. Each railroad must make such electronic train consist information immediately accessible at all times to its designated emergency response point of contact such that they are able to communicate train consist information to Federal, State, and local first responders, emergency response officials, and law enforcement personnel seeking assistance. Each railroad must also provide, using electronic communication (e.g., a software application or electronic data interchange, etc.), that electronic train consist information to authorized Federal, State, and local first responders, emergency response officials, and law enforcement personnel along the train route that could be or are involved in the response to, or investigation of, an accident, incident, or public health or safety emergency involving the rail transportation of hazardous materials such that the information is immediately available for use at the time it is needed.

(b) Emergency notification. (1) General requirements. When a train carrying hazardous materials is involved in either an accident requiring response from local emergency response agencies, or in an incident involving the release or suspected release of a hazardous material from a rail car in the train requiring response from local emergency response agencies, the railroad must immediately notify the primary Public Safety Answering Point (PSAP)—e.g., 9-1-1 call center—telephonically that is responsible for the area where the accident or incident occurred and must separately notify the track owner (should the railroad transporting the hazardous materials not be the track owner) and forward train consist information in electronic form to the PSAP and track owner in a form they are capable of readily accessing (e.g., email, fax, software application, etc.).

(2) Notification system test. At least annually, each railroad that operates trains carrying hazardous materials must test the notification system used to comply with the requirements of this paragraph. Railroads must:

(i) Develop a testing protocol addressing frequency and locations to ensure reliability across all areas where the railroad operates trains carrying hazardous materials.

(ii) Create a record of each system test that identifies at least the following information:

(A) The date of the test;

(B) The method used to provide the notification;

(C) The name and location of the primary PSAP (e.g., 9-1-1 call center) and/or track owner to whom the notification was sent;

(D) Whether or not the test notification was received and acknowledged; and

(E) For system tests that are not immediately received and acknowledged, an analysis of the contributing factors to the failure and corrective actions taken by the railroad to prevent such a failure from recurring.

(iii) Retain test records for at least five years.

(c) Class III railroad alternative compliance requirements. In place of the requirements of paragraphs (a) and (b) of this section, a Class III railroad, as determined by the Surface Transportation Board under § 1201.1-1 of this title, transporting hazardous materials may comply with the alternative procedures in this paragraph to provide accurate train consist information to Federal, State, or local first responders, emergency response officials, and law enforcement personnel in the event of an incident, accident, or public health or safety emergency involving the rail transportation of hazardous materials. The Class III railroad must:

(1) Develop a written plan that identifies the procedures for emergency notification and how the railroad will provide accurate train consist information in the event of an accident involving a train carrying hazardous materials requiring response from local emergency response agencies, or an incident involving the release or suspected release of a hazardous material from a rail car in the train requiring response from local emergency response agencies. This may be accomplished via the primary PSAP (e.g., 9-1-1 call center) responsible for the area where the accident or incident occurred. The written plan must assign at least one person not on board the locomotive with the responsibility to provide accurate train consist information in addition to the train crew onboard the locomotive, unless there are no employees of the Class III railroad capable of fulfilling this function.

(2) Notify emergency response organizations and primary PSAPs along their route about the contents of the written plan and any material changes to the plan made after the initial notification.

(3) Enact the written plan when an accident involving a train carrying hazardous materials requiring response from local emergency response agencies, or an incident involving the release or suspected release of a hazardous material from a rail car in the train requiring response from local emergency response agencies occurs. The Class III railroad must provide immediate emergency notification telephonically to the primary PSAP (e.g., 9-1-1 call center) responsible for the area where the accident or incident occurred, and provide accurate train consist information to appropriate entities based on their written plan.

(4) Retain a copy of this written plan at the Class III railroad's primary place of business and provide a copy to authorized representatives of the Department upon request.

(5) Conduct a test, at least annually, of the procedures for emergency notification and transmission of accurate train consist information. Each Class III railroad must create a record of the test that includes at least the following information:

(i) The date of the test;

(ii) A brief description of the method of emergency notification and transmission of train consist information;

(iii) The name and location of the recipient of the emergency notification and train consist information;

(iv) Whether or not the test was successful in providing emergency notification and train consist information to the intended recipient;

(v) For unsuccessful tests, an analysis of the contributing factors to the failure and corrective actions taken by the railroad to prevent such a failure from recurring.

(6) Retain test records required in paragraph (c)(5) of this section for at least five years.

(d) Security measures. Each railroad must implement security and confidentiality protections in generating, updating, providing, and forwarding train consist information in electronic or other form pursuant to this section to ensure they provide access only to authorized persons. Nothing in this paragraph shall limit a railroad from entering into agreements with other railroads or persons to develop and implement a secure process for generating, updating, providing, and forwarding that information.

(e) Provision of train consist information. No railroad may withhold, or cause to be withheld, the train consist information described in paragraphs (a), (b), or (c) of this section from Federal, State, or local first responders, emergency response officials, and law enforcement personnel in the event of an incident, accident, or public health or safety emergency involving the rail transportation of hazardous materials. If a railroad uses a software application to meet the requirements of this section, it must provide all first responders, emergency response officials, and law enforcement personnel responding to, or investigating, an accident, incident, or public health or safety emergency involving the rail transportation of hazardous materials access, in accordance with the security and confidentiality protections required in paragraph (d), to the train consist information contained within that application without delay for the duration of the response or investigation.

A leaking non-bulk package may not be forwarded until repaired, reconditioned, or overpacked in accordance with § 173.3 of this subchapter. Except as otherwise provided in this section, a bulk packaging that no longer conforms to this subchapter may not be forwarded by rail unless repaired or approved for movement by the Associate Administrator for Safety, Federal Railroad Administration, or for cross-border movements to or from Canada, moved in accordance with the TDG Regulations (see § 171.12) or a Temporary Certificate issued by the Competent Authority of Canada, as applicable. For FRA Approval, notification and approval must be in writing, or through telephonic or electronic means, with subsequent written confirmation provided within two weeks. For the applicable address and telephone number, see § 107.117(d)(4) of this chapter. A leaking bulk package containing a hazardous material may be moved without repair or approval only so far as necessary to reduce or to eliminate an immediate threat or harm to human health or to the environment when it is determined its movement would provide greater safety than allowing the package to remain in place. In the case of a liquid leak, measures must be taken to prevent the spread of liquid.