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49 CFR Ch. I (10–1–18 Edition) 

§ 172.820 

loss of life, significant damage to na-
tional security or defense capabilities, 
or national economic harm. 

(d) 

Alternative route analysis. 

(1) For 

each calendar year, a rail carrier must 
identify practicable alternative routes 
over which it has authority to operate, 
if an alternative exists, as an alter-
native route for each of the transpor-
tation routes analyzed in accordance 
with paragraph (c) of this section. The 
carrier must perform a safety and secu-
rity risk assessment of the alternative 
routes for comparison to the route 
analysis prescribed in paragraph (c) of 
this section. The alternative route 
analysis must be in writing and include 
the criteria in appendix D of this part. 
When determining practicable alter-
native routes, the rail carrier must 
consider the use of interchange agree-
ments with other rail carriers. The 
written alternative route analysis 
must also consider: 

(i) Safety and security risks pre-

sented by use of the alternative 
route(s); 

(ii) Comparison of the safety and se-

curity risks of the alternative(s) to the 
primary rail transportation route, in-
cluding the risk of a catastrophic re-
lease from a shipment traveling along 
each route; 

(iii) Any remediation or mitigation 

measures implemented on the primary 
or alternative route(s); and 

(iv) Potential economic effects of 

using the alternative route(s), includ-
ing but not limited to the economics of 
the commodity, route, and customer 
relationship. 

(2) In performing the analysis re-

quired by this paragraph, the rail car-
rier should seek relevant information 
from state, local, and tribal officials, 
as appropriate, regarding security risks 
to high-consequence targets along or in 
proximity to the alternative routes. If 
a rail carrier determines that it is not 
appropriate to seek such relevant in-
formation, then it must explain its rea-
soning for that determination in its 
analysis. 

(e) 

Route Selection. 

A carrier must use 

the analysis performed as required by 
paragraphs (c) and (d) of this section to 
select the route to be used in moving 
the materials covered by paragraph (a) 
of this section. The carrier must con-

sider any remediation measures imple-
mented on a route. Using this process, 
the carrier must at least annually re-
view and select the practicable route 
posing the least overall safety and se-
curity risk. The rail carrier must re-
tain in writing all route review and se-
lection decision documentation and re-
strict the distribution, disclosure, and 
availability of information contained 
in the route analysis to covered per-
sons with a need-to-know, as described 
in parts 15 and 1520 of this title. This 
documentation should include, but is 
not limited to, comparative analyses, 
charts, graphics or rail system maps. 

(f) 

Completion of route analysis. 

(1) The 

rail transportation route analysis, al-
ternative route analysis, and route se-
lection process required under para-
graphs (c), (d), and (e) of this section 
must be completed no later than the 
end of the calendar year following the 
year to which the analyses apply. 

(2) The initial analysis and route se-

lection determinations required under 
paragraphs (c), (d), and (e) of this sec-
tion must include a comprehensive re-
view of the entire system. Subsequent 
analyses and route selection deter-
minations required under paragraphs 
(c), (d), and (e) of this section must in-
clude a comprehensive, system-wide re-
view of all operational changes, infra-
structure modifications, traffic adjust-
ments, changes in the nature of high- 
consequence targets located along, or 
in proximity to, the route, and any 
other changes affecting the safety or 
security of the movements of the mate-
rials specified in paragraph (a) of this 
section that were implemented during 
the calendar year. 

(3) A rail carrier need not perform a 

rail transportation route analysis, al-
ternative route analysis, or route se-
lection process for any hazardous ma-
terial other than the materials speci-
fied in paragraph (a) of this section. 

(g) 

Rail carrier point of contact on rout-

ing issues. 

Each rail carrier must iden-

tify a point of contact (including the 
name, title, phone number and e-mail 
address) on routing issues involving 
the movement of materials covered by 
this section in its security plan and 
provide this information to: 

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