Transportation News

PHMSA Finalizes Rail Security Rule—11/26/2008

In the November 26, 2008 Federal Register, the Pipeline and Hazardous Materials Safety Administration, in coordination with the Federal Railroad Administration (FRA) and the Transportation Security Administration (TSA) published final rules adopting requirements and procedures that promote rail transportation security.

The final rule, effective December 26, 2008, requires rail carriers to compile annual data on certain shipments of explosives, toxic by inhalation, and radioactive materials. The carriers are to use this data to analyze safety and security risks along rail routes where those materials are transported; assess alternative routing options; and make routing decisions based on those findings.

In this final rule the DOT also clarifies rail carriers’ responsibilities to address issues related to en route storage and delays in transit in their security plans. In addition, the DOT is adopting a new requirement for rail carriers to inspect placarded hazardous materials rail cars for signs of tampering or the presence of suspicious items, including improvised explosive devices.

This final rule finalizes the interim final rule effecting the Rail Carrier regulations at 49 CFR Part 174 as published at 73 FR 20773, April 16, 2008 (effective as of June 1, 2008) without changes. This final rule changes the Security Plan requirements in 49 CFR Part 172, Subpart I regarding transportation of hazardous materials by rail.

Source: The Federal Register. "Hazardous Materials: Enhancing Rail Transportation Safety and Security for Hazardous Materials Shipments (73 FR 72182)." [http://edocket.access.gpo.gov/2008/pdf/E8-27826.pdf]. 11/26/2008.