Pipeline and Haz. Matls. Safety Admin., DOT
Transportation or the Department of
Homeland Security.
[68 FR 14521, Mar. 25, 2003, as amended at 75
FR 10989, Mar. 9, 2010]

Section 172.804 Relationship to other Federal
requirements.
To avoid unnecessary duplication of
security requirements, security plans
that conform to regulations, standards,
protocols, or guidelines issued by other
Federal agencies, international organizations, or industry organizations may
be used to satisfy the requirements in
this subpart, provided such security
plans address the requirements specified in this subpart.
Section 172.820 Additional planning requirements for transportation by rail.
(a) General. Each rail carrier transporting in commerce one or more of
the following materials is subject to
the additional safety and security planning requirements of this section:
(1) More than 2,268 kg (5,000 lbs) in a
single carload of a Division 1.1, 1.2 or
1.3 explosive;
(2) A quantity of a material poisonous by inhalation in a single bulk
packaging;
(3) A highway route-controlled quantity of a Class 7 (radioactive) material,
as defined in Section 173.403 of this subchapter; or
(4) A high-hazard flammable train
(HHFT) as defined in Section 171.8 of this subchapter.
(b) Not later than 90 days after the
end of each calendar year, a rail carrier
must compile commodity data for the
previous calendar year for the materials listed in paragraph (a) of this section. The following stipulations apply
to data collected:
(1) Commodity data must be collected by route, a line segment or series of line segments as aggregated by
the rail carrier. Within the rail carrier
selected route, the commodity data
must identify the geographic location
of the route and the total number of
shipments by UN identification number
for the materials specified in paragraph (a) of this section.
(i) A rail carrier subject to additional
planning requirements of this section
based on paragraph (a)(4) of this section, must complete the initial process

Section 172.820

by March 31, 2016, using data for the six
month period from July 1, 2015 to December 31, 2015; or
(ii) A rail carrier subject to additional planning requirements of this
section based on paragraph (a)(4) of
this section, must complete the initial
process by March 31, 2016, using data
for all of 2015, provided the rail carrier
indicates in their initial analysis that
it has chosen this option.
(2) A carrier may compile commodity
data, by UN number, for all Class 7 materials transported (instead of only
highway route controlled quantities of
Class 7 materials) and for all Division
6.1 materials transported (instead of
only Division 6.1 poison inhalation hazard materials).
(c) Rail transportation route analysis.
For each calendar year, a rail carrier
must analyze the safety and security
risks for the transportation route(s),
identified in the commodity data collected as required by paragraph (b) of
this section. The route analysis must
be in writing and include the factors
contained in appendix D to this part, as
applicable.
(1) The safety and security risks
present must be analyzed for the route
and railroad facilities along the route.
For purposes of this section, railroad
facilities are railroad property including, but not limited to, classification
and switching yards, storage facilities,
and non-private sidings. This term does
not include an offeror-s facility, private track, private siding, or consignee-s facility.
(2) In performing the analysis required by this paragraph, the rail carrier must seek relevant information
from state, local, and tribal officials,
as appropriate, regarding security risks
to high-consequence targets along or in
proximity to the route(s) utilized. If a
rail carrier is unable to acquire relevant information from state, local, or
tribal officials, then it must document
that in its analysis. For purposes of
this section, a high-consequence target
means a property, natural resource, location, area, or other target designated
by the Secretary of Homeland Security
that is a viable terrorist target of national significance, the attack of which
by railroad could result in catastrophic

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