Collapse to view only § 1201. Railroad routing of security-sensitive materials
- § 1201. Railroad routing of security-sensitive materials
- § 1202. Railroad security-sensitive material tracking
- § 1203. Hazardous materials highway routing
- § 1204. Motor carrier security-sensitive material tracking
- § 1205. Hazardous materials security inspections and study
- § 1206. Use of transportation security card in hazmat licensing
- § 1207. Pipeline security inspections and enforcement
- § 1208. Pipeline security and incident recovery plan
§ 1201. Railroad routing of security-sensitive materials
(a) In general
(b) Security-sensitive materials commodity data
(c) Railroad transportation route analysis for security-sensitive materials
(d) Alternative route analysis for security-sensitive materialsThe Secretary of Transportation shall ensure that the final rule requires each railroad carrier transporting security-sensitive materials in commerce to—
(1) for each calendar year—
(A) identify practicable alternative routes over which the railroad carrier has authority to operate as compared to the current route for such a shipment analyzed under subsection (c); and
(B) perform a safety and security risk assessment of the alternative route for comparison to the route analysis specified in subsection (c);
(2) ensure that the analysis under paragraph (1) includes—
(A) identification of safety and security risks for an alternative route;
(B) comparison of those risks identified under subparagraph (A) to the primary railroad transportation route, including the risk of a catastrophic release from a shipment traveling along the alternate route compared to the primary route;
(C) any remediation or mitigation measures implemented on the primary or alternative route; and
(D) potential economic effects of using an alternative route; and
(3) consider when determining the practicable alternative routes under paragraph (1)(A) the use of interchange agreements with other railroad carriers.
(e) Alternative route selection for security-sensitive materials
(f) Review
(g) Retrospective analysis
(h) Consultation
(i) DefinitionsIn this section:
(1) The term “route” includes storage facilities and trackage used by railroad cars in transportation in commerce.
(2) The term “high-consequence target” means a property, natural resource, location, area, or other target designated by the Secretary that is a viable terrorist target of national significance, which may include a facility or specific critical infrastructure, the attack of which by railroad could result in—
(A) catastrophic loss of life;
(B) significant damage to national security or defense capabilities; or
(C) national economic harm.
(Pub. L. 110–53, title XV, § 1551, Aug. 3, 2007, 121 Stat. 469.)
§ 1202. Railroad security-sensitive material tracking
(a) Communications
(1) In general
In conjunction with the research and development program established under section 1168 of this title and consistent with the results of research relating to wireless and other tracking technologies, the Secretary, in consultation with the Administrator of the Transportation Security Administration, shall develop a program that will encourage the equipping of railroad cars transporting security-sensitive materials, as defined in section 1151 of this title, with technology that provides—
(A) car position location and tracking capabilities; and
(B) notification of railroad car depressurization, breach, unsafe temperature, or release of hazardous materials, as appropriate.
(2) Coordination
In developing the program required by paragraph (1), the Secretary shall—
(A) consult with the Secretary of Transportation to coordinate the program with any ongoing or planned efforts for railroad car tracking at the Department of Transportation; and
(B) ensure that the program is consistent with recommendations and findings of the Department of Homeland Security’s hazardous material railroad tank car tracking pilot programs.
(b) Funding
From the amounts appropriated pursuant to 114(w) of title 49, there shall be made available to the Secretary to carry out this section—
(1) $3,000,000 for fiscal year 2008;
(2) $3,000,000 for fiscal year 2009; and
(3) $3,000,000 for fiscal year 2010.
(Pub. L. 110–53, title XV, § 1552, Aug. 3, 2007, 121 Stat. 471.)
§ 1203. Hazardous materials highway routing
(a) Route plan guidance
Not later than 1 year after August 3, 2007, the Secretary of Transportation, in consultation with the Secretary, shall—
(1) document existing and proposed routes for the transportation of radioactive and nonradioactive hazardous materials by motor carrier, and develop a framework for using a geographic information system-based approach to characterize routes in the national hazardous materials route registry;
(2) assess and characterize existing and proposed routes for the transportation of radioactive and nonradioactive hazardous materials by motor carrier for the purpose of identifying measurable criteria for selecting routes based on safety and security concerns;
(3) analyze current route-related hazardous materials regulations in the United States, Canada, and Mexico to identify cross-border differences and conflicting regulations;
(4) document the safety and security concerns of the public, motor carriers, and State, local, territorial, and tribal governments about the highway routing of hazardous materials;
(5) prepare guidance materials for State officials to assist them in identifying and reducing both safety concerns and security risks when designating highway routes for hazardous materials consistent with the 13 safety-based nonradioactive materials routing criteria and radioactive materials routing criteria in subpart C part 397 of title 49, Code of Federal Regulations;
(6) develop a tool that will enable State officials to examine potential routes for the highway transportation of hazardous materials, assess specific security risks associated with each route, and explore alternative mitigation measures; and
(7) transmit to the appropriate congressional committees a report on the actions taken to fulfill paragraphs (1) through (6) and any recommended changes to the routing requirements for the highway transportation of hazardous materials in part 397 of title 49, Code of Federal Regulations.
(b) Route plans
(1) Assessment
Not later than 1 year after August 3, 2007, the Secretary of Transportation shall complete an assessment of the safety and national security benefits achieved under existing requirements for route plans, in written or electronic format, for explosives and radioactive materials. The assessment shall, at a minimum—
(A) compare the percentage of Department of Transportation recordable incidents and the severity of such incidents for shipments of explosives and radioactive materials for which such route plans are required with the percentage of recordable incidents and the severity of such incidents for shipments of explosives and radioactive materials not subject to such route plans; and
(B) quantify the security and safety benefits, feasibility, and costs of requiring each motor carrier that is required to have a hazardous material safety permit under part 385 of title 49, Code of Federal Regulations, to maintain, follow, and carry such a route plan that meets the requirements of section 397.101 of that title when transporting the type and quantity of hazardous materials described in section 385.403, taking into account the various segments of the motor carrier industry, including tank truck, truckload and less than truckload carriers.
(2) Report
(c) Requirement
(Pub. L. 110–53, title XV, § 1553, Aug. 3, 2007, 121 Stat. 472.)
§ 1204. Motor carrier security-sensitive material tracking
(a) Communications
(1) In generalNot later than 6 months after August 3, 2007, consistent with the findings of the Transportation Security Administration’s hazardous materials truck security pilot program, the Secretary, through the Administrator of the Transportation Security Administration and in consultation with the Secretary of Transportation, shall develop a program to facilitate the tracking of motor carrier shipments of security-sensitive materials and to equip vehicles used in such shipments with technology that provides—
(A) frequent or continuous communications;
(B) vehicle position location and tracking capabilities; and
(C) a feature that allows a driver of such vehicles to broadcast an emergency distress signal.
(2) ConsiderationsIn developing the program required by paragraph (1), the Secretary shall—
(A) consult with the Secretary of Transportation to coordinate the program with any ongoing or planned efforts for motor carrier or security-sensitive materials tracking at the Department of Transportation;
(B) take into consideration the recommendations and findings of the report on the hazardous material safety and security operational field test released by the Federal Motor Carrier Safety Administration on November 11, 2004; and
(C) evaluate—
(i) any new information related to the costs and benefits of deploying, equipping, and utilizing tracking technology, including portable tracking technology, for motor carriers transporting security-sensitive materials not included in the hazardous material safety and security operational field test report released by the Federal Motor Carrier Safety Administration on November 11, 2004;
(ii) the ability of tracking technology to resist tampering and disabling;
(iii) the capability of tracking technology to collect, display, and store information regarding the movement of shipments of security-sensitive materials by commercial motor vehicles;
(iv) the appropriate range of contact intervals between the tracking technology and a commercial motor vehicle transporting security-sensitive materials;
(v) technology that allows the installation by a motor carrier of concealed electronic devices on commercial motor vehicles that can be activated by law enforcement authorities to disable the vehicle or alert emergency response resources to locate and recover security-sensitive materials in the event of loss or theft of such materials;
(vi) whether installation of the technology described in clause (v) should be incorporated into the program under paragraph (1);
(vii) the costs, benefits, and practicality of such technology described in clause (v) in the context of the overall benefit to national security, including commerce in transportation; and
(viii) other systems and information the Secretary determines appropriate.
(b) FundingFrom the amounts appropriated pursuant to section 114(w) 1
1 See References in Text note below.
of title 49, there shall be made available to the Secretary to carry out this section—(1) $7,000,000 for fiscal year 2008 of which $3,000,000 may be used for equipment;
(2) $7,000,000 for fiscal year 2009 of which $3,000,000 may be used for equipment; and
(3) $7,000,000 for fiscal year 2010 of which $3,000,000 may be used for equipment.
(c) Report
(d) Limitation
(Pub. L. 110–53, title XV, § 1554, Aug. 3, 2007, 121 Stat. 473.)
§ 1205. Hazardous materials security inspections and study
(a) In general
(b) Transportation costs study
(Pub. L. 110–53, title XV, § 1555, Aug. 3, 2007, 121 Stat. 475.)
§ 1206. Use of transportation security card in hazmat licensing
(1) Background check
(2) State review
(Pub. L. 110–53, title XV, § 1556(b), Aug. 3, 2007, 121 Stat. 475.)
§ 1207. Pipeline security inspections and enforcement
(a) In general
(b) Review and inspection
(c) Compliance review methodology
(d) Regulations
(e) Funding
From the amounts appropriated pursuant to section 114(w) 1
1 See References in Text note below.
of title 49, there shall be made available to the Secretary to carry out this section—(1) $2,000,000 for fiscal year 2008;
(2) $2,000,000 for fiscal year 2009; and
(3) $2,000,000 for fiscal year 2010.
(Pub. L. 110–53, title XV, § 1557, Aug. 3, 2007, 121 Stat. 475.)
§ 1208. Pipeline security and incident recovery plan
(a) In generalThe Secretary, in consultation with the Secretary of Transportation and the Administrator of the Pipeline and Hazardous Materials Safety Administration, and in accordance with the Annex to the Memorandum of Understanding executed on August 9, 2006, the National Strategy for Transportation Security, and Homeland Security Presidential Directive–7, shall develop a pipeline security and incident recovery protocols plan. The plan shall include—
(1) for the Government to provide increased security support to the most critical interstate and intrastate natural gas and hazardous liquid transmission pipeline infrastructure and operations as determined under section 1207 of this title when—
(A) under severe security threat levels of alert; or
(B) under specific security threat information relating to such pipeline infrastructure or operations exists; and
(2) an incident recovery protocol plan, developed in conjunction with interstate and intrastate transmission and distribution pipeline operators and terminals and facilities operators connected to pipelines, to develop protocols to ensure the continued transportation of natural gas and hazardous liquids to essential markets and for essential public health or national defense uses in the event of an incident affecting the interstate and intrastate natural gas and hazardous liquid transmission and distribution pipeline system, which shall include protocols for restoring essential services supporting pipelines and granting access to pipeline operators for pipeline infrastructure repair, replacement, or bypass following an incident.
(b) Existing private and public sector efforts
(c) Consultation
(d) Report
(1) Contents
(2) Format
(Pub. L. 110–53, title XV, § 1558, Aug. 3, 2007, 121 Stat. 476.)