Details of 9/11 Commission Act (Part IV - Rail and Motor Carrier Hazmat Routing and Tracking)

This is Part IV of a multi-part series of summaries of P.L. 110-53 and highlights provisions in Sections 1551-1555 related to (1) routing of motor carrier and rail shipments of hazardous materials (hazmats) or security-sensitive materials, (2) tracking of motor carrier and rail shipments of security-sensitive materials, (3) etc. See future issues of ITT for additional summaries.

Motor Carrier Routing of Hazmats

P.L. 110-53 requires, not later than one year after enactment, the Secretary of the Department of Transportation (DOT), in conjunction with the Secretary of the Department of Homeland Security (DHS), to document, assess, analyze, etc. various issues¹ relating to the routing for the transportation of radioactive and non-radioactive hazmats by motor carrier.

P.L. 110-53 also requires the DOT Secretary, within 1 year of the date of enactment, to complete an assessment of the safety and national security benefits achieved under existing requirements for route plans, in written or electronic format, for explosives and radioactive materials and shall submit a report to the appropriate congressional committees with the findings and conclusions of the assessment.

The DHS Secretary is also required to have motor carriers that have a hazmat safety permit under 49 CFR Part 385 to maintain, follow, and carry a route plan, in written or electronic format, that meets the requirements of 49 CFR 397.101 when transporting the type and quantity of hazmat described in 49 CFR 385.403 if the DHS Secretary determines, under the above assessment, that such a requirement would enhance security and safety without imposing unreasonable costs or burdens upon motor carriers.

Motor Carrier Security-Sensitive Material Tracking

Not later than six months after enactment, and consistent with the findings of the Transportation Security Administration's (TSA's) hazmat truck security pilot program, the DHS Secretary, through the TSA and in consultation with the DOT Secretary, is required to develop a program to facilitate the tracking of motor carrier shipments of security-sensitive materials and to equip vehicles used in such shipments with technology that provides:

frequent or continuous communications,

vehicle position and location and tracking capabilities, and

an emergency broadcast capability.

P.L. 110-53 details the issues that the DHS Secretary must consider in developing the program (see public law for details).

P.L. 110-53 states that the DHS Secretary is prohibited from mandating the installation or utilization of such technology without additional congressional authority provided after the date of enactment.

Railroad Routing of Security-Sensitive Materials

Not later than nine months after the date of enactment, P.L. 110-53 directs the DOT Secretary, in consultation with the DHS Secretary, to publish a final rule based on the Pipeline and Hazardous Materials Safety Administration's (PHMSA's) December 21, 2006 proposed rule² on enhancing railroad transportation safety and security for hazmat shipments.

The DOT Secretary is required to ensure that the final rule requires each railroad carrier transporting security-sensitive materials to (partial list): (1) compile certain commodity data, (2) provide a written analysis of certain safety and security risks for certain transportation routes, (3) annually review and select the safest and most secure route to be used in such transportation, (4) periodically review this route selection, (5) etc.

Railroad Security-Sensitive Material Tracking

P.L. 110-53 requires the DHS Secretary, in consultation with TSA, to develop a program to encourage the equipping of railroad cars transporting security-sensitive materials with communications technology that provides information concerning car position, depressurization, and the release of hazmats.

Hazmat Security Inspections and Study

P.L. 110-53 requires the DOT Secretary to consult with the DHS Secretary to limit, to the extent practicable, duplicative reviews of the hazmat security plans required under 49 CFR Part 172.

Within one year of enactment, the DOT Secretary, in conjunction with the DHS Secretary, is required to study to what extent the insurance, security, and safety costs borne by railroad carriers, motor carriers, pipeline carriers, air carriers, and maritime carriers associated with the transportation of hazmats are reflected in the rates paid by offerors, of such commodities, as compared to the costs and rates, respectively, for the transportation of non-hazmats.

¹The required documentation, assessment, analysis, etc., are as follows:

1. document existing and proposed routes for the transportation of radioactive and non-radioactive hazmats by motor carrier, and develop a framework for using a Geographic Information System-based approach to characterize routes in the National Hazardous Materials Route Registry;
2. assess and characterize existing and proposed routes for the transportation of radioactive and non-radioactive hazmats by motor carrier for the purpose of identifying measurable criteria for selecting routes based on safety and security concerns;
3. analyze current route-related hazmat regulations in the U.S., Canada, and Mexico to identify cross-border differences and conflicting regulations;
4. document the safety and security concerns of the public, motor carriers, and State, local, territorial, and tribal governments about the highway routing of hazmats;
5. prepare guidance materials for State officials to assist them in identifying and reducing both safety concerns and security risks when designating highway routes for hazmats;
6. develop a tool that will enable State officials to examine potential routes for the highway transportation of hazmats, assess specific security risks associated with each route, and explore alternative mitigation measures; and
7. transmit to selected congressional committees a report on the actions taken to fulfill all the requirements (1.-6., listed above) and any recommended changes to the routing requirements for the highway transportation of hazmats in 49 CFR Part 397.

²See ITT's Online Archives or 01/26/07 news, 07012620, for BP summary of PHMSA's proposed rule.

(See ITT's Online Archives or 08/07/07, 08/08/07, and 08/10/07 news, 07080705, 07080810, and 07081010, for Parts I-III.)

Conference report to accompany H.R. 1 (including conference version of H.R. 1 and the joint legislative statement available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_reports&docid=f:hr259.110.pdf.