Pipeline and Haz. Matls. Safety Admin., DOT
(1) State and/or regional Fusion Centers that have been established to coordinate with state, local and tribal officials on security issues and which are
located within the area encompassed
by the rail carrier-s rail system; and
(2) State, local, and tribal officials in
jurisdictions that may be affected by a
rail carrier-s routing decisions and who
directly contact the railroad to discuss
routing decisions.
(h) Storage, delays in transit, and notification. With respect to the materials
specified in paragraph (a) of this section, each rail carrier must ensure the
safety and security plan it develops
and implements under this subpart includes all of the following:
(1) A procedure under which the rail
carrier must consult with offerors and
consignees in order to develop measures for minimizing, to the extent
practicable, the duration of any storage of the material incidental to movement (see Section 171.8 of this subchapter).
(2) Measures to prevent unauthorized
access to the materials during storage
or delays in transit.
(3) Measures to mitigate risk to population centers associated with intransit storage.
(4) Measures to be taken in the event
of an escalating threat level for materials stored in transit.
(5) Procedures for notifying the consignee in the event of a significant
delay during transportation; such notification must be completed within 48
hours after the carrier has identified
the delay and must include a revised
delivery schedule. A significant delay
is one that compromises the safety or
security of the hazardous material or
delays the shipment beyond its normal
expected or planned shipping time. Notification should be made by a method
acceptable to both the rail carrier and
consignee.
(i) Recordkeeping. (1) Each rail carrier
must maintain a copy of the information specified in paragraphs (b), (c), (d),
(e), and (f) of this section (or an electronic image thereof) that is accessible
at, or through, its principal place of
business and must make the record
available upon request, at a reasonable
time and location, to an authorized official of the Department of Transportation or the Department of Homeland

Pt. 172, App. A

Security. Records must be retained for
a minimum of two years.
(2) Each rail carrier must restrict the
distribution, disclosure, and availability of information collected or developed in accordance with paragraphs
(c), (d), (e), and (f) of this section to
covered persons with a need-to-know,
as described in parts 15 and 1520 of this
title.
(j) Compliance and enforcement. If the
carrier-s route selection documentation and underlying analyses are found
to be deficient, the carrier may be required to revise the analyses or make
changes in route selection. If DOT finds
that a chosen route is not the safest
and most secure practicable route
available, the FRA Associate Administrator for Safety, in consultation with
TSA, may require the use of an alternative route. Prior to making such a
determination, FRA and TSA will consult with the Surface Transportation
Board (STB) regarding whether the
contemplated
alternative
route(s)
would be economically practicable.
[73 FR 20771, Apr. 16, 2008, as amended at 73
FR 72193, Dec. 26, 2008; 76 FR 56314, Sept. 13,
2011; 80 FR 26746, May 8, 2015]

Section 172.822 Limitation on actions by
states, local governments, and Indian tribes.
A law, order, or other directive of a
state, political subdivision of a state,
or an Indian tribe that designates, limits, or prohibits the use of a rail line
(other than a rail line owned by a
state, political subdivision of a state,
or an Indian tribe) for the transportation of hazardous materials, including, but not limited to, the materials
specified in Section 172.820(a), is preempted. 49
U.S.C. 5125, 20106.
[73 FR 20772, Apr. 16, 2008]

APPENDIX A TO PART 172 - OFFICE OF
HAZARDOUS MATERIALS TRANSPORTATION COLOR TOLERANCE CHARTS
AND TABLES
The following are Munsell notations and
Commission Internationale de L-Eclairage
(CIE) coordinates which describe the Office
of Hazardous Materials Transportation Label
and Placard Color Tolerance Charts in tables
1 and 2, and the CIE coordinates for the color
tolerances specified in table 3. Central colors

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