This subpart applies to the following:
(1) Each owner/operator described in § 1580.1(a)(1) of this part that transports one or more of the categories and quantities of rail security-sensitive materials.
(2) Each owner/operator described in § 1580.1(a)(2) and (3) of this part.
(a) General requirement. Each owner/operator described in § 1580.201 of this part must have procedures in place to determine the location and shipping information for each rail car under its physical custody and control that contains one or more of the categories and quantities of rail security-sensitive materials.
(b) Required information. The location and shipping information must include the following:
(1) The rail car's current location by city, county, and state, including, for freight railroad carriers, the railroad milepost, track designation, and the time that the rail car's location was determined.
(2) The rail car's routing, if a freight railroad carrier.
(3) A list of the total number of rail cars containing rail security-sensitive materials, broken down by—
(i) The shipping name prescribed for the material in column 2 of the table in 49 CFR 172.101;
(ii) The hazard class or division number prescribed for the material in column 3 of the table in 49 CFR 172.101; and
(iii) The identification number prescribed for the material in column 4 of the table in 49 CFR 172.101.
(4) Each rail car's initial and number.
(5) Whether the rail car is in a train, rail yard, siding, rail spur, or rail hazardous materials shipper or receiver facility, including the name of the rail yard or siding designation.
(c) Timing-Class I freight railroad carriers. Upon request by TSA, each Class I freight railroad carrier described in paragraph (a) of this section must provide the location and shipping information to TSA no later than—
(1) Five minutes if the request applies to a single (one) rail car; and
(2) Thirty minutes if the request concerns multiple rail cars or a geographic region.
(d) Timing-other than Class I freight railroad carriers. Upon request by TSA, all owner/operators described in paragraph (a) of this section, other than Class I freight railroad carriers, must provide the location and shipping information to TSA no later than 30 minutes, regardless of the number of cars covered by the request.
(e) Method. All owner/operators described in paragraph (a) of this section must provide the requested location and shipping information to TSA by one of the following methods:
(1) Electronic data transmission in spreadsheet format.
(2) Electronic data transmission in Hyper Text Markup Language (HTML) format.
(3) Electronic data transmission in Extensible Markup Language (XML).
(4) Facsimile transmission of a hard copy spreadsheet in tabular format.
(5) Posting the information to a secure website address approved by TSA.
(6) Another format approved by TSA.
(f) Telephone number. Each owner/operator described in § 1580.201 of this part must provide a telephone number for use by TSA to request the information required in paragraph (b) of this section.
(1) The telephone number must be monitored at all times.
(2) A telephone number that requires a call back (such as an answering service, answering machine, or beeper device) does not meet the requirements of this paragraph.
(a) Within or outside of an HTUA, rail hazardous materials shipper transferring to carrier. Except as provided in paragraph (g) of this section, at each location within or outside of an HTUA, a rail hazardous materials shipper transferring custody of a rail car containing one or more of the categories and quantities of rail security-sensitive materials to a freight railroad carrier must do the following:
(1) Physically inspect the rail car before loading for signs of tampering, including closures and seals; other signs that the security of the car may have been compromised; and suspicious items or items that do not belong, including the presence of an improvised explosive device.
(2) Keep the rail car in a rail secure area from the time the security inspection required by paragraph (a)(1) of this section or by 49 CFR 173.31(d), whichever occurs first, until the freight railroad carrier takes physical custody of the rail car.
(3) Document the transfer of custody to the railroad carrier in hard copy or electronically.
(b) Within or outside of an HTUA, carrier receiving from a rail hazardous materials shipper. At each location within or outside of an HTUA where a freight railroad carrier receives from a rail hazardous materials shipper custody of a rail car containing one or more of the categories and quantities of rail security-sensitive materials, the freight railroad carrier must document the transfer in hard copy or electronically and perform the required security inspection in accordance with 49 CFR 174.9.
(c) Within an HTUA, carrier transferring to carrier. Within an HTUA, whenever a freight railroad carrier transfers a rail car containing one or more of the categories and quantities of rail security-sensitive materials to another freight railroad carrier, each freight railroad carrier must adopt and carry out procedures to ensure that the rail car is not left unattended at any time during the physical transfer of custody. These procedures must include the receiving freight railroad carrier performing the required security inspection in accordance with 49 CFR 174.9. Both the transferring and the receiving railroad carrier must document the transfer of custody in hard copy or electronically.
(d) Outside of an HTUA, carrier transferring to carrier. Outside an HTUA, whenever a freight railroad carrier transfers a rail car containing one or more of the categories and quantities of rail security-sensitive materials to another freight railroad carrier, and the rail car containing this hazardous material may subsequently enter an HTUA, each freight railroad carrier must adopt and carry out procedures to ensure that the rail car is not left unattended at any time during the physical transfer of custody. These procedures must include the receiving railroad carrier performing the required security inspection in accordance with 49 CFR 174.9. Both the transferring and the receiving railroad carrier must document the transfer of custody in hard copy or electronically.
(e) Within an HTUA, carrier transferring to rail hazardous materials receiver. A freight railroad carrier delivering a rail car containing one or more of the categories and quantities of rail security-sensitive materials to a rail hazardous materials receiver located within an HTUA must not leave the rail car unattended in a non-secure area until the rail hazardous materials receiver accepts custody of the rail car. Both the railroad carrier and the rail hazardous materials receiver must document the transfer of custody in hard copy or electronically.
(f) Within an HTUA, rail hazardous materials receiver receiving from carrier. Except as provided in paragraph (j) of this section, a rail hazardous materials receiver located within an HTUA that receives a rail car containing one or more of the categories and quantities of rail security-sensitive materials from a freight railroad carrier must—
(1) Ensure that the rail hazardous materials receiver or railroad carrier maintains positive control of the rail car during the physical transfer of custody of the rail car;
(2) Keep the rail car in a rail secure area until the car is unloaded; and
(3) Document the transfer of custody from the railroad carrier in hard copy or electronically.
(g) Within or outside of an HTUA, rail hazardous materials receiver rejecting car. This section does not apply to a rail hazardous materials receiver that does not routinely offer, prepare, or load for transportation by rail one or more of the categories and quantities of rail security-sensitive materials. If such a receiver rejects and returns a rail car containing one or more of the categories and quantities of rail security-sensitive materials to the originating offeror or shipper, the requirements of this section do not apply to the receiver. The requirements of this section do apply to any railroad carrier to which the receiver transfers custody of the rail car.
(h) Document retention. Covered entities must maintain the documents required under this section for at least 60 calendar days and make them available to TSA upon request.
(i) Rail secure area. The rail hazardous materials shipper and the rail hazardous materials receiver must use physical security measures to ensure that no unauthorized individual gains access to the rail secure area.
(j) Exemption for rail hazardous materials receivers. A rail hazardous materials receiver located within an HTUA may request from TSA an exemption from some or all of the requirements of this section if the receiver demonstrates that the potential risk from its activities is insufficient to warrant compliance with this section. TSA will consider all relevant circumstances, including the following:
(1) The amounts and types of all hazardous materials received.
(2) The geography of the area surrounding the receiver's facility.
(3) Proximity to entities that may be attractive targets, including other businesses, housing, schools, and hospitals.
(4) Any information regarding threats to the facility.
(5) Other circumstances that indicate the potential risk of the receiver's facility does not warrant compliance with this section.
TSA will coordinate activities under this subpart with the Nuclear Regulatory Commission (NRC) and the Department of Energy (DOE) with respect to regulation of rail hazardous materials shippers and receivers that are also licensed or regulated by the NRC or DOE under the Atomic Energy Act of 1954, as amended, to maintain consistency with the requirements imposed by the NRC and DOE.
This table identifies security-sensitive job functions for owner/operators regulated under this part. All employees performing security-sensitive functions are “security-sensitive employees” for purposes of this rule and must be trained.
| Categories
| Security-sensitive job functions for
freight rail
| Examples of job titles applicable to these functions *
|
|---|
| A. Operating a vehicle | 1. Employees who operate or directly control the movements of locomotives or other self-powered rail vehicles | Engineer, conductor
|
| | 2. Train conductor, trainman, brakeman, or utility employee or performs acceptance inspections, couples and uncouples rail cars, applies handbrakes, or similar functions
| |
| | 3. Employees covered under the Federal hours of service laws as “train employees.” See 49 U.S.C. 21101(5) and 21103.
| |
| B. Inspecting and maintaining vehicles | Employees who inspect or repair rail cars and locomotives | Carman, car repairman, car inspector, engineer, conductor.
|
| C. Inspecting or maintaining building or transportation infrastructure | 1. Employees who—
a. Maintain, install, or inspect communications and signal equipment.
b. Maintain, install, or inspect track and structures, including, but not limited to, bridges, trestles, and tunnels. | Signalman, signal maintainer, track-man, gang foreman, bridge and building laborer, roadmaster, bridge, and building inspector/operator.
|
| | 2. Employees covered under the Federal hours of service laws as “signal employees.” See 49 U.S.C. 21101(3) and 21104
| |
| D. Controlling dispatch or movement of a vehicle | 1. Employees who—
a. Dispatch, direct, or control the movement of trains.
b. Operate or supervise the operations of moveable bridges. | Yardmaster, dispatcher, block operator, bridge operator.
|
| | c. Supervise the activities of train crews, car movements, and switching operations in a yard or terminal.
| |
| | 2. Employees covered under the Federal hours of service laws as “dispatching service employees.” See 49 U.S.C. 21101(2) and 21105
| |
| E. Providing security of the owner/operator's equipment and property | Employees who provide for the security of the railroad carrier's equipment and property, including acting as a railroad police officer (as that term is defined in 49 CFR 207.2) | Police officer, special agent; patrolman; watchman; guard.
|
| F. Loading or unloading cargo or baggage | Includes, but is not limited to, employees that load or unload hazardous materials | Service track employee.
|
| G. Interacting with travelling public (on board a vehicle or within a transportation facility) | Employees of a freight railroad operating in passenger service | Conductor, engineer, agent.
|
| H. Complying with security programs or measures, including those required by Federal law | 1. Employees who serve as security coordinators designated in § 1570.201 of this subchapter, as well as any designated alternates or secondary security coordinators | Security coordinator, train master, assistant train master, roadmaster, division roadmaster.
|
| | 2. Employees who—
| |
| | a. Conduct training and testing of employees when the training or testing is required by TSA's security regulations.
b. Perform inspections or operations required by § 1580.205 of this subchapter.
c. Manage or direct implementation of security plan requirements.
| |