DOT and DHS Seek Comments on Enhancing Rail Transportation Security For Toxic Inhalation Hazmats

DOT and DHS note that their focus on rail is only the first phase in an interdepartmental multiphase effort to assess and secure transportation modes to create an end-to-end secure TIH supply chain.

The specific security enhancements DOT and DHS are considering include (partial list):

Improvements to security plans. DOT and DHS state that they are interested in determining how the security plans currently provided for in the Hazardous Materials Regulations (HMR) may be improved, particularly as they relate to TIH materials.

(A March 25, 2003, DOT Research and Special Programs Administration (RSPA) final rule amended the HMR in order to require persons who offer certain hazmats for transportation in commerce and persons who transport certain hazmats in commerce to develop and implement security plans. See ITT's Online Archives or 03/27/03 and 05/04/04 news, 03032705 and 04050510, for BP summaries.)

DHS, working with DOT, is considering specific criteria for these security plans to adequately address the security risks to TIH materials. DHS is also willing to review security plans to ensure that they properly address these criteria.

In addition, RSPA is considering revising its March 25, 2003 final rule to incorporate the DHS criteria for TIH materials and establish a process by which DHS would review the security plans of TIH transporters and shippers. DOT and DHS are also considering ways to improve compliance with the final rule, both as currently written and as may be revised.

DOT and DHS are also seeking information from shippers and carriers concerning the process by which their security plans were developed, including any problems encountered either during the drafting or implementation phase, recommended "best practices," and any additional guidance or assistance that may be appropriate.

Modification of methods used to identify shipments.Because of concerns about the potential use of TIH materials as weapons of opportunity or weapons of mass destruction, DOT and DHS are considering whether to require the removal from rail tank cars used to transport TIH materials of identifying marks, names, stenciling, placards, or other markings that could help a terrorist or criminal identify a target.

(In January 2003, RSPA completed a study of the role placards play for transportation safety and security and DHS is conducting a study, expected to be completed by the end of 2004, to examine alternative methods for communicating the hazards of hazmats transported in rail tank cars.)

DOT and DHS encourage commenters to address the potential impacts associated with removing placards and identifying marks from rail tank cars and replacing them with some other hazard communication system, as well as RSPA's placarding study.

Enhanced requirements for temporary storage. DOT and DHS are currently considering whether revisions to the temporary storage requirements applicable to rail cars transporting TIH materials are appropriate. Commenters are invited to address whether such revisions are appropriate and the impact such revisions could have on the costs to transport TIH materials in addition to the impact on recipients and users (i.e., towns, municipalities).

Strengthened tank car integrity.DOT and DHS are considering whether rail tank cars used to transport TIH materials should be modified to enhance shipment security and are inviting commenters to address this issue. According to the notice, such modifications could include relatively simple measures to prevent tampering with valves and other accessories to more fundamental revisions to basic designs or materials of construction that would enable the tank car to withstand a terrorist attack.

Implementation of tracking and communication systems.DOT and DHS are considering whether communication or tracking requirements should be required for rail shipments of TIH materials, such as near real-time satellite tracking of TIH rail cars and real-time monitoring of tank car or track conditions. In addition, DOT and DHS are considering reporting requirements in the event that TIH shipments are not delivered within specified time periods. Commenters are invited to address communication and shipment tracking issues associated with enhanced shipment security.

(See DOT/DHS notice for specific questions on which comments are being requested.)

DOT contact - Susan Gorsky (202) 366-8553

DOT/DHS notice (FR Pub 08/16/04, D/N RSPA-2004-18730) available at

http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-18705.pdf.