Section 172.820

49 CFR Ch. I (10-1-18 Edition)

loss of life, significant damage to national 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 alternative route for each of the transportation routes analyzed in accordance
with paragraph (c) of this section. The
carrier must perform a safety and security 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 alternative routes, the rail carrier must
consider the use of interchange agreements with other rail carriers. The
written alternative route analysis
must also consider:
(i) Safety and security risks presented by use of the alternative
route(s);
(ii) Comparison of the safety and security risks of the alternative(s) to the
primary rail transportation route, including the risk of a catastrophic release 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), including but not limited to the economics of
the commodity, route, and customer
relationship.
(2) In performing the analysis required by this paragraph, the rail carrier 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 information, then it must explain its reasoning 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 implemented on a route. Using this process,
the carrier must at least annually review and select the practicable route
posing the least overall safety and security risk. The rail carrier must retain in writing all route review and selection decision documentation and restrict the distribution, disclosure, and
availability of information contained
in the route analysis to covered persons 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, alternative route analysis, and route selection process required under paragraphs (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 selection determinations required under
paragraphs (c), (d), and (e) of this section must include a comprehensive review of the entire system. Subsequent
analyses and route selection determinations required under paragraphs
(c), (d), and (e) of this section must include a comprehensive, system-wide review of all operational changes, infrastructure modifications, traffic adjustments, changes in the nature of highconsequence targets located along, or
in proximity to, the route, and any
other changes affecting the safety or
security of the movements of the materials 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, alternative route analysis, or route selection process for any hazardous material other than the materials specified in paragraph (a) of this section.
(g) Rail carrier point of contact on routing issues. Each rail carrier must identify 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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