Rail Security Operations

§ 1580.201

49 CFR Ch. XII (10–1–20 Edition)

(c) Prepare. (1) Each owner/operator
must ensure that each of its securitysensitive employees with position- or
function-specific responsibilities under
the owner/operator’s security program
has knowledge of how to fulfill those
responsibilities in the event of a security threat, breach, or incident to ensure—
(i) Employees with responsibility for
transportation security equipment and
systems are aware of their responsibilities and can verify the equipment and
systems are operating and properly
maintained; and
(ii) Employees with other duties and
responsibilities under the company’s
security plans and/or programs, including those required by Federal law,
know their assignments and the steps
or resources needed to fulfill them.
(2) Each employee who performs any
security-related
functions
under
§ 1580.205 of this subpart must be provided training specifically applicable
to the functions the employee performs. As applicable, this training
must address—
(i) Inspecting rail cars for signs of
tampering or compromise, IEDs, suspicious items, and items that do not
belong;
(ii) Identification of rail cars that
contain rail security-sensitive materials, including the owner/operator’s
procedures for identifying rail security-sensitive material cars on train
documents, shipping papers, and in
computer train/car management systems; and
(iii) Procedures for completing transfer of custody documentation.
(d) Observe. Each owner/operator
must ensure that each of its securitysensitive employees has knowledge of
the observational skills necessary to
recognize—
(1) Suspicious and/or dangerous items
(such as substances, packages, or conditions (for example, characteristics of
an IED and signs of equipment tampering or sabotage);
(2) Combinations of actions and individual behaviors that appear suspicious
and/or dangerous, inappropriate, inconsistent, or out of the ordinary for the
employee’s work environment, which
could indicate a threat to transportation security; and

(3) How a terrorist or someone with
malicious intent may attempt to gain
sensitive information or take advantage of vulnerabilities.
(e) Assess. Each owner/operator must
ensure that each of its security-sensitive employees has knowledge necessary to—
(1) Determine whether the item, individual, behavior, or situation requires
a response as a potential terrorist
threat based on the respective transportation environment; and
(2) Identify appropriate responses
based on observations and context.
(f) Respond. Each owner/operator
must ensure that each of its securitysensitive employees has knowledge of
how to—
(1) Appropriately report a security
threat, including knowing how and
when to report internally to other employees, supervisors, or management,
and externally to local, state, or Federal agencies according to the owner/
operator’s security procedures or other
relevant plans;
(2) Interact with the public and first
responders at the scene of the threat or
incident,
including
communication
with passengers on evacuation and any
specific procedures for individuals with
disabilities and the elderly; and
(3) Use any applicable self-defense devices or other protective equipment
provided to employees by the owner/operator.

Subpart C—Operations
§ 1580.201 Applicability.
This subpart applies to the following:
(1) Each owner/operator described in
§ 1580.1(a)(1) of this part that transports
one or more of the categories and quantities of rail security-sensitive materials.
(2) Each owner/operator described in
§ 1580.1(a)(2) and (3) of this part.
§ 1580.203 Location and shipping information.
(a) General requirement. Each owner/
operator described in § 1580.201 of this
part 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

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Transportation Security Administration, DHS
quantities of rail security-sensitive
materials.
(b) Required information. The location
and shipping information must include
the following:
(1) The rail car’s current location by
city, county, and state, including, for
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 rail security-sensitive
materials, 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.
(c) 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 applies to a single (one) rail car; and
(2) Thirty minutes if the request concerns multiple rail cars or a geographic
region.
(d) Timing-other than Class I freight
railroad carriers. Upon request by TSA,
all owner/operators 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.
(e) Method. All owner/operators 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.

§ 1580.205

(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.
(5) Posting the information to a secure website address approved by TSA.
(6) Another format approved by TSA.
(f) Telephone number. Each owner/operator described in § 1580.201 of this
part must provide a telephone number
for use by TSA to request the information required in paragraph (b) 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.
§ 1580.205 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
do the following:
(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; and 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 hard copy 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

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§ 1580.205

49 CFR Ch. XII (10–1–20 Edition)

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 hard copy 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
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 hard copy 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
hard copy 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 hard
copy 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
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; and
(3) Document the transfer of custody
from the railroad carrier in hard copy
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 individual 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

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Transportation Security Administration, DHS
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 the following:
(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
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 fa-

Pt. 1580, App. A

cility does not warrant compliance
with this section.
§ 1580.207 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.
APPENDIX A TO PART 1580—HIGH
THREAT URBAN AREAS (HTUAS)

State

Urban area

Geographic areas

AZ ....................

Phoenix Area ............

CA ....................

Anaheim/Santa Ana
Area.
Bay Area ..................

Chandler, Gilbert, Glendale, Mesa, Peoria, Phoenix, Scottsdale, Tempe, and a 10mile 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.
Burbank, Glendale, Inglewood, Long Beach, Los Angeles, Pasadena, Santa Monica,
Santa Clarita, Torrance, Simi Valley, Thousand Oaks, and a 10-mile 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.
Fort Lauderdale, Hollywood, Miami Gardens, Miramar, Pembroke Pines, and a 10mile buffer extending from the border of the combined area.
Jacksonville and a 10-mile buffer extending from the city border.
Hialeah, Miami, and a 10-mile buffer extending from the border of the combined area.
Orlando and a 10-mile buffer extending from the city border.
Clearwater, St. Petersburg, Tampa, and a 10-mile buffer extending from the border of
the combined area.
Atlanta and a 10-mile buffer extending from the city border.
Honolulu and a 10-mile buffer extending from the city border.
Chicago and a 10-mile buffer extending from the city border.
Indianapolis and a 10-mile buffer extending from the city border.
Louisville and a 10-mile buffer extending from the city border.
Baton Rouge and a 10-mile buffer extending from the city border.
New Orleans and a 10-mile buffer extending from the city border.
Boston, Cambridge, and a 10-mile buffer extending from the border of the combined
area.
Baltimore and a 10-mile buffer extending from the city border.
Detroit, Sterling Heights, Warren, and a 10-mile buffer extending from the border of
the combined area.
Minneapolis, St. Paul, and a 10-mile buffer extending from the border of the combined
entity.
Independence, Kansas City (MO), Kansas City (KS), Olathe, Overland Park, and a
10-mile buffer extending from the border of the combined area.
St. Louis and a 10-mile buffer extending from the city border.
Charlotte and a 10-mile buffer extending from the city border.
Omaha and a 10-mile buffer extending from the city border.
Elizabeth, Jersey City, Newark, and a 10-mile buffer extending from the border of the
combined area.
Las Vegas, North Las Vegas, and a 10-mile buffer extending from the border of the
combined entity.
Buffalo and a 10-mile buffer extending from the city border.

Los Angeles/Long
Beach Area.
Sacramento Area .....
San Diego Area ........
CO ...................
DC ....................
FL .....................

Denver ......................
Area ..........................
National Capital Region.
Fort Lauderdale Area
Jacksonville Area .....
Miami Area ...............
Orlando Area ............
Tampa Area .............

GA ....................
HI .....................
IL ......................
IN .....................
KY ....................
LA ....................
MA ...................

Atlanta Area .............
Honolulu Area ..........
Chicago Area ...........
Indianapolis Area .....
Louisville Area ..........
Baton Rouge Area ...
New Orleans Area ....
Boston Area .............

MD ...................
MI .....................

Baltimore Area .........
Detroit Area ..............

MN ...................

Twin Cities Area .......

MO ...................

Kansas City Area .....

NV ....................

St. Louis Area ..........
Charlotte Area ..........
Omaha Area .............
Jersey City/Newark
Area.
Las Vegas Area .......

NY ....................

Buffalo Area .............

NC ....................
NE ....................
NJ ....................

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