Rail Security

Transportation Security Administration, DHS

pmangrum on DSK3GDR082PROD with CFR

§ 1580.5

Inspection authority.

(a) This section applies to the following:
(1) Each freight railroad carrier that
operates rolling equipment on track
that is part of the general railroad system of transportation.
(2) Each rail hazardous materials
shipper.
(3) Each rail hazardous materials receiver located within an HTUA.
(4) Each passenger railroad carrier,
including each carrier operating light
rail or heavy rail transit service on
track that is part of the general railroad system of transportation, each
carrier operating or providing intercity
passenger train service or commuter or
other short-haul railroad passenger
service in a metropolitan or suburban
area (as described by 49 U.S.C. 20102),
and each public authority operating
passenger train service.
(5) Each passenger or freight railroad
carrier hosting an operation described
in paragraph (a)(4) of this section.
(6) Each tourist, scenic, historic, and
excursion rail operator, whether operating on or off the general railroad system of transportation.
(7) Each operator of private cars, including business/office cars and circus
trains, on or connected to the general
railroad system of transportation.
(8) Each operator of a rail transit
system that is not operating on track
that is part of the general railroad system of transportation, including heavy
rail transit, light rail transit, automated guideway, cable car, inclined
plane, funicular, and monorail systems.
(b) The persons described in paragraph (a) of this section must allow
TSA and other authorized DHS officials, at any time and in a reasonable
manner, without advance notice, to
enter, inspect, and test property, facilities, equipment, and operations; and to
view, inspect, and copy records, as necessary to carry out TSA’s security-related statutory or regulatory authorities, including its authority to—
(1) Assess threats to transportation;
(2) Enforce security-related regulations, directives, and requirements;
(3) Inspect, maintain, and test the security of facilities, equipment, and systems;

§ 1580.100

(4) Ensure the adequacy of security
measures for the transportation of passengers and freight, including hazardous materials;
(5) Oversee the implementation, and
ensure the adequacy, of security measures at rail yards, stations, terminals,
transportation-related areas of rail
hazardous materials shipper and receiver facilities, crew management
centers,
dispatch
centers,
telecommunication centers, and other
transportation facilities and infrastructure;
(6) Review security plans; and
(7) Carry out such other duties, and
exercise such other powers, relating to
transportation security, as the Assistant Secretary of Homeland Security
for the TSA considers appropriate, to
the extent authorized by law.
(c) TSA and DHS officials working
with TSA, may enter, without advance
notice, and be present within any area
or within any conveyance without access media or identification media
issued or approved by a railroad carrier, rail transit system owner or operator, rail hazardous materials shipper,
or rail hazardous materials receiver in
order to inspect or test compliance, or
perform other such duties as TSA may
direct.
(d) TSA inspectors and DHS officials
working with TSA will, on request,
present their credentials for examination, but the credentials may not be
photocopied or otherwise reproduced.

Subpart B—Freight Rail Including
Freight Railroad Carriers, Rail
Hazardous Materials Shippers,
Rail Hazardous Materials Receivers, and Private Cars
§ 1580.100

Applicability.

(a) Applicability. The requirements of
this subpart apply to:
(1) Each freight railroad carrier that
operates rolling equipment on track
that is part of the general railroad system of transportation.
(2) Each rail hazardous materials
shipper.
(3) Each rail hazardous materials receiver located with an HTUA.

447

VerDate Sep<11>2014

10:25 Nov 20, 2017

Jkt 241233

PO 00000

Frm 00457

Fmt 8010

Sfmt 8010

Y:\SGML\241233.XXX

241233

§ 1580.101

49 CFR Ch. XII (10–1–17 Edition)

(4) Each freight railroad carrier
hosting a passenger operation described in § 1580.1(a)(4) of this part.
(5) Each operator of private cars, including business/office cars and circus
trains, on or connected to the general
railroad system of transportation.
(b) Rail security-sensitive materials.
The requirements of this subpart apply
to:
(1) A rail car containing more than
2,268 kg (5,000 lbs) of a Division 1.1, 1.2,
or 1.3 (explosive) material, as defined
in 49 CFR 173.50;
(2) A tank car containing a material
poisonous by inhalation as defined in 49
CFR 171.8, including anhydrous ammonia, Division 2.3 gases poisonous by inhalation as set forth in 49 CFR
173.115(c), and Division 6.1 liquids meeting the defining criteria in 49 CFR
173.132(a)(1)(iii) and assigned to hazard
zone A or hazard zone B in accordance
with 49 CFR 173.133(a), excluding residue quantities of these materials; and
(3) A rail car containing a highway
route-controlled quantity of a Class 7
(radioactive) material, as defined in 49
CFR 173.403.
[73 FR 72173, Nov. 26, 2008, as amended at 74
FR 23656, May 20, 2009]

pmangrum on DSK3GDR082PROD with CFR

§ 1580.101

Rail security coordinator.

(a) Applicability. This section applies
to:
(1) Each freight railroad carrier that
operates rolling equipment on track
that is part of the general railroad system of transportation.
(2) Each rail hazardous materials
shipper.
(3) Each rail hazardous materials receiver located with an HTUA.
(4) Each freight railroad carrier
hosting the passenger operations described in § 1580.1(a)(4) of this part.
(5) Each operator of private cars, including business/office cars and circus
trains, on or connected to the general
railroad system of transportation,
when notified by TSA in writing, that
a threat exists concerning that operation.
(b) Each person described in paragraph (a) of this section must designate
and use a primary and at least one alternate Rail Security Coordinator
(RSC).

(c) The RSC and alternate(s) must be
appointed at the corporate level.
(d) Each freight railroad carrier, rail
hazardous materials shipper, and rail
hazardous materials receiver required
to have an RSC must provide to TSA
the names, title, phone number(s), and
e-mail address(es) of the RSCs and alternate RSCs, and must notify TSA
within 7 calendar days when any of this
information changes.
(e) Each freight railroad carrier, rail
hazardous materials shipper, and rail
hazardous materials receiver required
to have an RSC must ensure that at
least one RSC:
(1) Serves as the primary contact for
intelligence information and securityrelated activities and communications
with TSA. Any individual designated
as an RSC may perform other duties in
addition to those described in this section;
(2) Is available to TSA on a 24-hours
a day, 7 days a week basis; and
(3) Coordinates security practices and
procedures with appropriate law enforcement and emergency response
agencies.
[73 FR 72173, Nov. 26, 2008, as amended at 74
FR 23656, May 20, 2009]

§ 1580.103 Location and shipping information for certain rail cars.
(a) Applicability. This section applies
to:
(1) Each freight railroad carrier
transporting one or more of the categories and quantities of rail securitysensitive materials.
(2) Each rail hazardous materials
shipper.
(3) Each rail hazardous materials receiver located with an HTUA.
(b) General requirement. Each person
described in paragraph (a) of this section 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.
(c) Required information. The location
and shipping information required in
paragraph (b) of this section must include the following:
(1) The rail car’s current location by
city, county, and state, including, for

448

VerDate Sep<11>2014

10:25 Nov 20, 2017

Jkt 241233

PO 00000

Frm 00458

Fmt 8010

Sfmt 8010

Y:\SGML\241233.XXX

241233

pmangrum on DSK3GDR082PROD with CFR

Transportation Security Administration, DHS
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 the materials listed in
§ 1580.100(b) of this part, 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.
(d) 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 concerns only one rail car; and
(2) Thirty minutes if the request concerns two or more rail cars.
(e) Timing-other than class I freight
railroad carriers. Upon request by TSA,
all persons 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.
(f) Method. All persons 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.

§ 1580.105

(5) Posting the information to a secure website address approved by TSA.
(6) Another format approved by TSA.
(g) Telephone number. Each person described in paragraph (a) of this section
must provide a telephone number for
use by TSA to request the information
required in paragraph (c) 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.
(h) Definition. As used in this section,
Class I has the meaning assigned by
regulations of the Surface Transportation Board (STB) (49 CFR part 1201;
General Instructions 1–1).
[73 FR 72173, Nov. 26, 2008, as amended at 74
FR 23657, May 20, 2009]

§ 1580.105 Reporting significant security concerns.
(a) Applicability. This section applies
to:
(1) Each freight railroad carrier that
operates rolling equipment on track
that is part of the general railroad system of transportation.
(2) Each rail hazardous materials
shipper.
(3) Each rail hazardous materials receiver located with an HTUA.
(4) Each freight railroad carrier
hosting a passenger operation described in § 1580.1(a)(4) of this part.
(5) Each operator of private cars, including business/office cars and circus,
on or connected to the general railroad
system of transportation.
(b) Each person described in paragraph (a) of this section must immediately report potential threats and
significant security concerns to DHS
by telephoning the Freedom Center at
1–866–615–5150.
(c) Potential threats or significant
security concerns encompass incidents,
suspicious activities, and threat information including, but not limited to,
the following:
(1) Interference with the train crew.
(2) Bomb threats, specific and nonspecific.

449

VerDate Sep<11>2014

10:25 Nov 20, 2017

Jkt 241233

PO 00000

Frm 00459

Fmt 8010

Sfmt 8010

Y:\SGML\241233.XXX

241233

pmangrum on DSK3GDR082PROD with CFR

§ 1580.107

49 CFR Ch. XII (10–1–17 Edition)

(3) Reports or discovery of suspicious
items that result in the disruption of
railroad operations.
(4) Suspicious activity occurring onboard a train or inside the facility of a
freight railroad carrier, rail hazardous
materials shipper, or rail hazardous
materials receiver that results in a disruption of operations.
(5) Suspicious activity observed at or
around rail cars, facilities, or infrastructure used in the operation of the
railroad, rail hazardous materials shipper, or rail hazardous materials receiver.
(6) Discharge, discovery, or seizure of
a firearm or other deadly weapon on a
train, in a station, terminal, facility,
or storage yard, or other location used
in the operation of the railroad, rail
hazardous materials shipper, or rail
hazardous materials receiver.
(7) Indications of tampering with rail
cars.
(8) Information relating to the possible surveillance of a train or facility,
storage yard, or other location used in
the operation of the railroad, rail hazardous materials shipper, or rail hazardous materials receiver.
(9) Correspondence received by the
freight railroad carrier, rail hazardous
materials shipper, or rail hazardous
materials receiver indicating a potential threat. Other incidents involving
breaches of the security of the freight
railroad carrier, rail hazardous materials shipper, or rail hazardous materials receiver’s operations or facilities.
(d) Information reported should include, as available and applicable:
(1) The name of the reporting freight
railroad carrier, rail hazardous materials shipper, or rail hazardous materials receiver and contact information,
including a telephone number or e-mail
address.
(2) The affected train, station, terminal, rail hazardous materials facility, or other rail facility or infrastructure.
(3) Identifying information on the affected train, train line, and route.
(4) Origination and termination locations for the affected train, including
departure and destination city and the
rail line and route, as applicable.
(5) Current location of the affected
train.

(6) Description of the threat, incident, or activity.
(7) The names and other available biographical data of individuals involved
in the threat, incident, or activity.
(8) The source of any threat information.
[73 FR 72173, Nov. 26, 2008, as amended at 74
FR 23657, May 20, 2009]

§ 1580.107 Chain of custody and control requirements.
(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:
(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; 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 writing 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 writing 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

450

VerDate Sep<11>2014

10:25 Nov 20, 2017

Jkt 241233

PO 00000

Frm 00460

Fmt 8010

Sfmt 8010

Y:\SGML\241233.XXX

241233

pmangrum on DSK3GDR082PROD with CFR

Transportation Security Administration, DHS
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 writing 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
writing 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 writing
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

§ 1580.107

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.
(3) Document the transfer of custody
from the railroad carrier in writing 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 securitysensitive 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 person 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—
(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

451

VerDate Sep<11>2014

10:25 Nov 20, 2017

Jkt 241233

PO 00000

Frm 00461

Fmt 8010

Sfmt 8010

Y:\SGML\241233.XXX

241233

§ 1580.109

49 CFR Ch. XII (10–1–17 Edition)

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.
(k) Terms used in this section. (1) As
used in this section, a rail car is attended if an employee or authorized
representative:
(i) Is physically located on site in
reasonable proximity to the rail car;
(ii) Is capable of promptly responding
to unauthorized access or activity at or
near the rail car, including immediately contacting law enforcement or
other authorities; and
(iii) Immediately responds to any unauthorized access or activity at or near
the rail car either personally or by contacting law enforcement or other authorities.
(2) As used in this section, maintains
positive control means that the rail hazardous materials receiver and the railroad carrier communicate and cooperate with each other to provide for the
security of the rail car during the
physical transfer of custody. Attending
the rail car is a component part of
maintaining positive control.
(3) As used in this section, document
the transfer means documentation
uniquely identifying that the rail car
was attended during the transfer of
custody, including:
(i) Car initial and number.
(ii) Identification of individuals who
attended the transfer (names or
uniquely identifying employee number).
(iii) Location of transfer.
(iv) Date and time the transfer was
completed.

pmangrum on DSK3GDR082PROD with CFR

[73 FR 72173, Nov. 26, 2008, as amended at 74
FR 23657, May 20, 2009]

§ 1580.109 Preemptive effect.
Under 49 U.S.C. 20106, issuance of the
regulations in this part preempts any
State law, regulation, or order covering the same subject matter, except
an additional or more stringent law,
regulation, or order that is necessary
to eliminate or reduce an essentially
local security hazard; that is not incompatible with a law, regulation, or

order of the United States Government; and that does not unreasonably
burden interstate commerce. For example, under 49 U.S.C. 20106, issuance
of § 1580.107 of this subpart preempts
any State or tribal law, rule, regulation, order or common law requirement
covering the same subject matter.
§ 1580.111 Harmonization of federal
regulation of nuclear facilities.
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.

Subpart C—Passenger Rail Including Passenger Railroad Carriers, Rail Transit Systems, Tourist, Scenic, Historic and Excursion Operators, and Private
Cars
§ 1580.200

Applicability.

This subpart includes requirements
for:
(a) Each passenger railroad carrier,
including each carrier operating light
rail or heavy rail transit service on
track that is part of the general railroad system of transportation, each
carrier operating or providing intercity
passenger train service or commuter or
other short-haul railroad passenger
service in a metropolitan or suburban
area (as described by 49 U.S.C. 20102),
and each public authority operating
passenger train service.
(b) Each passenger railroad carrier
hosting an operation described in paragraph (a) of this section.
(c) Each tourist, scenic, historic, and
excursion rail operator, whether operating on or off the general railroad system of transportation.
(d) Each operator of private cars, including business/office cars and circus
trains, on or connected to the general
railroad system of transportation.
(e) Each operator of a rail transit
system that is not operating on track

452

VerDate Sep<11>2014

10:25 Nov 20, 2017

Jkt 241233

PO 00000

Frm 00462

Fmt 8010

Sfmt 8010

Y:\SGML\241233.XXX

241233