Rail Security Coordinator

§ 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.

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[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

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Transportation Security Administration, DHS
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.

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§ 1580.201

Rail security coordinator.

(a) Applicability. This section applies
to:
(1) 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.
(2) Each passenger railroad carrier
hosting an operation described in paragraph (a)(1) of this section.
(3) 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.
(4) 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 security threat exists concerning
that operation.
(5) Each tourist, scenic, historic, or
excursion operations, whether on or off
the general railroad system of transportation, when notified by TSA, in
writing, that a security 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 RSC.
(c) The RSC and alternate(s) must be
appointed at the corporate level.
(d) Each passenger railroad carrier
and rail transit system required to
have an RSC must provide to TSA the
names, titles, phone number(s), and email address(es) of the RSCs, and alternate RSCs, and must notify TSA within 7 calendar days when any of this information changes.

§ 1580.203

(e) Each passenger railroad carrier
and rail transit system 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.
(3) Coordinate security practices and
procedures with appropriate law enforcement and emergency response
agencies.
§ 1580.203 Reporting significant security concerns.
(a) Applicability. This section applies
to:
(1) 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.
(2) Each passenger railroad carrier
hosting an operation described in paragraph (a)(1) of this section.
(3) Each tourist, scenic, historic, and
excursion rail operator, whether operating on or off the general railroad system of transportation.
(4) Each operator of private cars, including business/office cars and circus
trains, on or connected to the general
railroad system of transportation.
(5) 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) 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.

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Pt. 1580, App. A

49 CFR Ch. XII (10–1–17 Edition)

(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 or
transit vehicle crew.
(2) Bomb threats, specific and nonspecific.
(3) Reports or discovery of suspicious
items that result in the disruption of
rail operations.
(4) Suspicious activity occurring onboard a train or transit vehicle or inside the facility of a passenger railroad
carrier or rail transit system that results in a disruption of rail operations.
(5) Suspicious activity observed at or
around rail cars or transit vehicles, facilities, or infrastructure used in the
operation of the passenger railroad carrier or rail transit system.
(6) Discharge, discovery, or seizure of
a firearm or other deadly weapon on a
train or transit vehicle or in a station,
terminal, facility, or storage yard, or
other location used in the operation of
the passenger railroad carrier or rail
transit system.
(7) Indications of tampering with passenger rail cars or rail transit vehicles.
(8) Information relating to the possible surveillance of a passenger train
or rail transit vehicle or facility, storage yard, or other location used in the
operation of the passenger railroad carrier or rail transit system.

(9) Correspondence received by the
passenger railroad carrier or rail transit system indicating a potential
threat to rail transportation.
(10)
Other
incidents
involving
breaches of the security of the passenger railroad carrier or the rail transit system operations or facilities.
(d) Information reported should include, as available and applicable:
(1) The name of the passenger railroad carrier or rail transit system and
contact information, including a telephone number or e-mail address.
(2) The affected station, terminal, or
other facility.
(3) Identifying information on the affected passenger train or rail transit
vehicle including number, train or
transit line, and route, as applicable.
(4) Origination and termination locations for the affected passenger train
or rail transit vehicle, including departure and destination city and the rail
or transit line and route.
(5) Current location of the affected
passenger train or rail transit vehicle.
(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]

APPENDIX A TO PART 1580—HIGH THREAT URBAN AREAS (HTUAS)
Candidate urban
area

Geographic area captured in the data count

AZ ......

Phoenix Area * .....

CA ......

Anaheim/Santa
Ana Area.

Chandler, Gilbert, Glendale, Mesa, Peoria, Phoenix, Scottsdale, Tempe,
and a 10-mile buffer extending from the border of the combined area.
Anaheim, Costa Mesa, Garden Grove, Fullerton, Huntington Beach, Irvine,
Orange, Santa Ana, and a 10-mile buffer extending from the border of
the combined area.
Berkeley, Daly City, Fremont, Hayward, Oakland, Palo Alto, Richmond, San
Francisco, San Jose, Santa Clara, Sunnyvale, Vallejo, and a 10-mile
buffer extending from the border of the combined area.

Bay Area ..............

Los Angeles/Long
Beach Area.
Sacramento Area *
San Diego Area *
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Previously designated urban
areas included

State

CO ......

Denver Area .........

DC ......

National Capital
Region.

Burbank, Glendale, Inglewood, Long Beach, Los Angeles, Pasadena, Santa
Monica, Santa Clarita, Torrance, Simi Valley, Thousand Oaks, and a 10mile buffer extending from the border of the combined area.
Elk Grove, Sacramento, and a 10-mile buffer extending from the border of
the combined area.
Chula Vista, Escondido, and San Diego, and a 10-mile buffer extending
from the border of the combined area.
Arvada, Aurora, Denver, Lakewood, Westminster, Thornton, and a 10-mile
buffer extending from the border of the combined area.
National Capital Region and a 10-mile buffer extending from the border of
the combined area.

Phoenix, AZ.
Anaheim, CA;
Santa Ana, CA.
San Francisco,
CA; San Jose,
CA; Oakland,
CA.
Los Angeles, CA;
Long Beach,
CA.
Sacramento, CA.
San Diego, CA.
Denver, CO.
National Capital
Region, DC.

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