450 

49 CFR Ch. I (10–1–19 Edition) 

§ 172.804 

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; or 

(4) A high-hazard flammable train 

(HHFT) as defined in § 171.8 of this sub-
chapter. 

(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)(4) of this sec-
tion, must complete the initial process 

by March 31, 2016, using data for the six 
month period from July 1, 2015 to De-
cember 31, 2015; or 

(ii) A rail carrier subject to addi-

tional planning requirements of this 
section based on paragraph (a)(4) of 
this section, must complete the initial 
process by March 31, 2016, using data 
for all of 2015, provided the rail carrier 
indicates in their initial analysis that 
it has chosen this option. 

(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 
from state, local, and tribal officials, 
as appropriate, regarding security risks 
to high-consequence targets along or in 
proximity to the route(s) utilized. If a 
rail carrier is unable to acquire rel-
evant information from state, local, or 
tribal officials, then it must document 
that in its analysis. For purposes of 
this section, a high-consequence target 
means a property, natural resource, lo-
cation, area, or other target designated 
by the Secretary of Homeland Security 
that is a viable terrorist target of na-
tional significance, the attack of which 
by railroad could result in catastrophic 

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