The U.S. Homeland Security Department yesterday released new rules aimed at securing rail shipments of hazardous material and deterring potential terrorism threats to the nation’s railroad system (see GSN, April 18).
“By striking a sensible balance of security guidelines with certain regulatory requirements, we’re enabling the rail and chemical industries to be stronger partners,” Homeland Security Secretary Michael Chertoff said in a statement. “The results are sound security measures without excessively burdening owners and operators” (U.S. Homeland Security Department release I, Nov. 13).
The regulations would further establish the Transportation Security Administration's authority to search rail cars and railroad infrastructure involved in transporting dangerous substances, along with some sites that send or collect such materials by rail.
The rules would also require rail firms and some associated hazardous material sites to appoint staffers who would communicate with DHS and TSA officials about about security and intelligence matters. Freight and passenger rail lines would be expected to immediately report suspicious events and possible threats to TSA officials.
Railroad companies would be required to physically scrutinize hazardous cargo -- including shipments of highly radioactive substances and dangerous materials that could be inhaled -- before it departs. Carriers would be compelled to create “positive and secure handoff procedures” for such shipments at their departure, transfer and destination points.
TSA officials would be empowered to request the positions of dangerous cargo shipments, and railroad companies would be required to provide the positions of specific rail cars within several minutes and relay the locations of all sensitive deliveries within 30 minutes. The railroad industry is creating a tracking system for dangerous cargo in collaboration with the Transportation Security Administration.
In addition, some rail firms have already dramatically decreased the amount of time that they leave sensitive cargo unsupervised in higher-risk urban locations, the department said.
The new rules are expected to enter into force 30 days after their publication in the Federal Register (U.S. Homeland Security Department release II, Nov. 13).


