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49 CFR Ch. I (10–1–23 Edition)
§ 172.804
restrictions and a demonstrated need
to know. When the security plan is up-
dated or revised, all employees respon-
sible for implementing it must be noti-
fied and all copies of the plan must be
maintained as of the date of the most
recent revision.
(d) Each person required to develop
and implement a security plan in ac-
cordance with this subpart must main-
tain a copy of the security plan (or an
electronic file thereof) that is acces-
sible at, or through, its principal place
of business and must make the security
plan available upon request, at a rea-
sonable time and location, to an au-
thorized official of the Department of
Transportation or the Department of
Homeland Security.
[68 FR 14521, Mar. 25, 2003, as amended at 75
FR 10989, Mar. 9, 2010]
§ 172.804
Relationship to other Federal
requirements.
To avoid unnecessary duplication of
security requirements, security plans
that conform to regulations, standards,
protocols, or guidelines issued by other
Federal agencies, international organi-
zations, or industry organizations may
be used to satisfy the requirements in
this subpart, provided such security
plans address the requirements speci-
fied in this subpart.
§ 172.820
Additional planning require-
ments for transportation by rail.
(a)
General.
Each rail carrier trans-
porting in commerce one or more of
the following materials is subject to
the additional safety and security plan-
ning requirements of this section:
(1) More than 2,268 kg (5,000 lbs.) in a
single carload of a Division 1.1, 1.2 or
1.3 explosive;
(2) A quantity of a material poi-
sonous by inhalation in a single bulk
packaging;
(3) A highway route-controlled quan-
tity of a Class 7 (radioactive) material,
as defined in § 173.403 of this sub-
chapter;
(4) A high-hazard flammable train
(HHFT) as defined in § 171.8 of this sub-
chapter; or
(5) A quantity of UN1972 (Methane,
refrigerated liquid or Natural gas, re-
frigerated liquid) when transported in a
rail tank car.
(b) Not later than 90 days after the
end of each calendar year, a rail carrier
must compile commodity data for the
previous calendar year for the mate-
rials listed in paragraph (a) of this sec-
tion. The following stipulations apply
to data collected:
(1) Commodity data must be col-
lected by route, a line segment or se-
ries of line segments as aggregated by
the rail carrier. Within the rail carrier
selected route, the commodity data
must identify the geographic location
of the route and the total number of
shipments by UN identification number
for the materials specified in para-
graph (a) of this section.
(i) A rail carrier subject to additional
planning requirements of this section
based on paragraph (a)(5) of this sec-
tion that has yet to transport UN 1972,
must factor in planned shipments of
UN 1972 to the commodity data for use
in the paragraph (c) route analysis
prior to initial transport of the mate-
rial.
(ii) [Reserved]
(2) A carrier may compile commodity
data, by UN number, for all Class 7 ma-
terials transported (instead of only
highway route controlled quantities of
Class 7 materials) and for all Division
6.1 materials transported (instead of
only Division 6.1 poison inhalation haz-
ard materials).
(c)
Rail transportation route analysis.
For each calendar year, a rail carrier
must analyze the safety and security
risks for the transportation route(s),
identified in the commodity data col-
lected as required by paragraph (b) of
this section. The route analysis must
be in writing and include the factors
contained in appendix D to this part, as
applicable.
(1) The safety and security risks
present must be analyzed for the route
and railroad facilities along the route.
For purposes of this section, railroad
facilities are railroad property includ-
ing, but not limited to, classification
and switching yards, storage facilities,
and non-private sidings. This term does
not include an offeror’s facility, pri-
vate track, private siding, or con-
signee’s facility.
(2) In performing the analysis re-
quired by this paragraph, the rail car-
rier must seek relevant information