§1201 Railroad Routing of Security-sensitive Materials

Summary

Requires the Secretary of Transportation, working with the other Secretary, to publish a final rule within 9 months after August 3, 2007, based on PHMSA’s December 21, 2006 proposed rule. The rule must make railroads that move security-sensitive materials collect, each year, route-by-route data and ship counts by United Nations identification number and file that data within 90 days after the year ends. Railroads must write an annual safety and security analysis for each route, covering the track, railroad and storage facilities, and nearby high-consequence targets. Each year they must also identify practical alternate routes they can use, compare safety and security risks (including the chance of a catastrophic release), note any fixes or protections, and weigh economic effects and use of interchange agreements. Railroads must use these analyses to pick the safest route, review and reselect the least-risk route every year, keep written decision records (maps, charts, comparisons) and limit who can see them, and perform a systemwide review at least once every 3 years to account for operational, infrastructure, traffic, or target changes. Railroads should get relevant information from State, local, and tribal officials about risks to nearby high-consequence targets. Definitions: “Route” — includes tracks and storage used by railroad cars in commerce. “High-consequence target” — places the Secretary designates as viable terrorist targets whose attack could cause catastrophic loss of life, major harm to national security or defense, or national economic damage.