What does 49 CFR 172.820 (Additional planning requirements for transportation by rail) require?
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Based on 49 CFR 172.820, rail carriers transporting specific hazardous materials (such as certain explosives, materials poisonous by inhalation, highway route-controlled Class 7 radioactive materials, or high-hazard flammable trains) must comply with additional safety and security planning requirements.
As a motor-carrier owner, here is a practical breakdown of what 49 CFR 172.820 requires of the rail carrier:
* Annual Commodity Data Collection: Within 90 days after each calendar year, compile data by route for the specified hazardous materials, identifying geographic locations and shipment counts by UN identification number.
* Primary Route Risk Analysis: Perform an annual written safety and security risk analysis of the transportation routes and railroad facilities, which includes seeking relevant information from state, local, and tribal officials regarding security risks to high-consequence targets.
* Alternative Route Analysis: Annually identify and assess practicable alternative routes (including potential interchange agreements) by comparing their safety, security risks, mitigation measures, and economic effects against the primary route.
* Route Selection: Use these analyses at least annually to select the route posing the least overall safety and security risk, while keeping the documentation restricted to those with a need-to-know.
* Completion Deadlines: Complete the analyses and route selection process by the end of the calendar year following the year the data applies to, ensuring comprehensive system-wide reviews of changes.
* Designated Point of Contact: Identify a routing point of contact (name, title, phone number, and email) in the security plan and share it with state/regional Fusion Centers and affected state, local, and tribal officials.
* Storage and Transit Procedures: Ensure safety and security plans include specific procedures, such as consulting with offerors and consignees during transit and storage.
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