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e-CFR Data is current as of February 5, 2009


Title 49: Transportation
PART 1580—RAIL TRANSPORTATION SECURITY

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Subpart C—Passenger Rail Including Passenger Railroad Carriers, Rail Transit Systems, Tourist, Scenic, Historic and Excursion Operators, and Private Cars

§ 1580.200   Applicability.

This subpart includes requirements for:

(a) Each passenger railroad carrier, including each carrier operating light rail or heavy rail transit service on track that is part of the general railroad system of transportation, each carrier operating or providing intercity passenger train service or commuter or other short-haul railroad passenger service in a metropolitan or suburban area (as described by 49 U.S.C. 20102), and each public authority operating passenger train service.

(b) Each passenger railroad carrier hosting an operation described in paragraph (a) of this section.

(c) Each tourist, scenic, historic, and excursion rail operator, whether operating on or off the general railroad system of transportation.

(d) Each operator of private cars, including business/office cars and circus trains, on or connected to the general railroad system of transportation.

(e) Each operator of a rail transit system that is not operating on track that is part of the general railroad system of transportation, including heavy rail transit, light rail transit, automated guideway, cable car, inclined plane, funicular, and monorail systems.

§ 1580.201   Rail security coordinator.

(a) Applicability. This section applies to:

(1) Each passenger railroad carrier, including each carrier operating light rail or heavy rail transit service on track that is part of the general railroad system of transportation, each carrier operating or providing intercity passenger train service or commuter or other short-haul railroad passenger service in a metropolitan or suburban area (as described by 49 U.S.C. 20102), and each public authority operating passenger train service.

(2) Each passenger railroad carrier hosting an operation described in paragraph (a)(1) of this section.

(3) Each operator of a rail transit system that is not operating on track that is part of the general railroad system of transportation, including heavy rail transit, light rail transit, automated guideway, cable car, inclined plane, funicular, and monorail systems.

(4) Each operator of private cars, including business/office cars and circus trains, on or connected to the general railroad system of transportation, when notified by TSA, in writing, that a security threat exists concerning that operation.

(5) Each tourist, scenic, historic, or excursion operations, whether on or off the general railroad system of transportation, when notified by TSA, in writing, that a security threat exists concerning that operation.

(b) Each person described in paragraph (a) of this section must designate and use a primary and at least one alternate RSC.

(c) The RSC and alternate(s) must be appointed at the corporate level.

(d) Each passenger railroad carrier and rail transit system required to have an RSC must provide to TSA the names, titles, phone number(s), and e-mail address(es) of the RSCs, and alternate RSCs, and must notify TSA within 7 calendar days when any of this information changes.

(e) Each passenger railroad carrier and rail transit system required to have an RSC must ensure that at least one RSC:

(1) Serves as the primary contact for intelligence information and security-related activities and communications with TSA. Any individual designated as an RSC may perform other duties in addition to those described in this section.

(2) Is available to TSA on a 24-hours a day, 7 days a week basis.

(3) Coordinate security practices and procedures with appropriate law enforcement and emergency response agencies.

§ 1580.203   Reporting significant security concerns.

(a) Applicability. This section applies to:

(1) Each passenger railroad carrier, including each carrier operating light rail or heavy rail transit service on track that is part of the general railroad system of transportation, each carrier operating or providing intercity passenger train service or commuter or other short-haul railroad passenger service in a metropolitan or suburban area (as described by 49 U.S.C. 20102), and each public authority operating passenger train service.

(2) Each passenger railroad carrier hosting an operation described in paragraph (a)(1) of this section.

(3) Each tourist, scenic, historic, and excursion rail operator, whether operating on or off the general railroad system of transportation.

(4) Each operator of private cars, including business/office cars and circus trains, on or connected to the general railroad system of transportation.

(5) Each operator of a rail transit system that is not operating on track that is part of the general railroad system of transportation, including heavy rail transit, light rail transit, automated guideway, cable car, inclined plane, funicular, and monorail systems.

(b) Each person described in paragraph (a) of this section must immediately report potential threats or significant security concerns to DHS by telephoning the Freedom Center at 703–563–3240 or 1–877–456–8722.

(c) Potential threats or significant security concerns encompass incidents, suspicious activities, and threat information including, but not limited to, the following:

(1) Interference with the train or transit vehicle crew.

(2) Bomb threats, specific and non-specific.

(3) Reports or discovery of suspicious items that result in the disruption of rail operations.

(4) Suspicious activity occurring onboard a train or transit vehicle or inside the facility of a passenger railroad carrier or rail transit system that results in a disruption of rail operations.

(5) Suspicious activity observed at or around rail cars or transit vehicles, facilities, or infrastructure used in the operation of the passenger railroad carrier or rail transit system.

(6) Discharge, discovery, or seizure of a firearm or other deadly weapon on a train or transit vehicle or in a station, terminal, facility, or storage yard, or other location used in the operation of the passenger railroad carrier or rail transit system.

(7) Indications of tampering with passenger rail cars or rail transit vehicles.

(8) Information relating to the possible surveillance of a passenger train or rail transit vehicle or facility, storage yard, or other location used in the operation of the passenger railroad carrier or rail transit system.

(9) Correspondence received by the passenger railroad carrier or rail transit system indicating a potential threat to rail transportation.

(10) Other incidents involving breaches of the security of the passenger railroad carrier or the rail transit system operations or facilities.

(d) Information reported should include, as available and applicable:

(1) The name of the passenger railroad carrier or rail transit system and contact information, including a telephone number or e-mail address.

(2) The affected station, terminal, or other facility.

(3) Identifying information on the affected passenger train or rail transit vehicle including number, train or transit line, and route, as applicable.

(4) Origination and termination locations for the affected passenger train or rail transit vehicle, including departure and destination city and the rail or transit line and route.

(5) Current location of the affected passenger train or rail transit vehicle.

(6) Description of the threat, incident, or activity.

(7) The names and other available biographical data of individuals involved in the threat, incident, or activity.

(8) The source of any threat information.

Appendix A to Part 1580—High Threat Urban Areas (HTUAs)

StateCandidate urban areaGeographic area captured in the data countPreviously designated urban areas included
AZPhoenix Area*Chandler, Gilbert, Glendale, Mesa, Peoria, Phoenix, Scottsdale, Tempe, and a 10-mile buffer extending from the border of the combined areaPhoenix, AZ.
CAAnaheim/Santa Ana AreaAnaheim, Costa Mesa, Garden Grove, Fullerton, Huntington Beach, Irvine, Orange, Santa Ana, and a 10-mile buffer extending from the border of the combined areaAnaheim, CA; Santa Ana, CA.
  Bay AreaBerkeley, Daly City, Fremont, Hayward, Oakland, Palo Alto, Richmond, San Francisco, San Jose, Santa Clara, Sunnyvale, Vallejo, and a 10-mile buffer extending from the border of the combined areaSan Francisco, CA; San Jose, CA; Oakland, CA.
  Los Angeles/Long Beach AreaBurbank, Glendale, Inglewood, Long Beach, Los Angeles, Pasadena, Santa Monica, Santa Clarita, Torrance, Simi Valley, Thousand Oaks, and a 10-mile buffer extending from the border of the combined areaLos Angeles, CA; Long Beach, CA.
  Sacramento Area*Elk Grove, Sacramento, and a 10-mile buffer extending from the border of the combined areaSacramento, CA.
  San Diego Area*Chula Vista, Escondido, and San Diego, and a 10-mile buffer extending from the border of the combined areaSan Diego, CA.
CODenver AreaArvada, Aurora, Denver, Lakewood, Westminster, Thornton, and a 10-mile buffer extending from the border of the combined areaDenver, CO.
DCNational Capital RegionNational Capital Region and a 10-mile buffer extending from the border of the combined areaNational Capital Region, DC.
FLFort Lauderdale AreaFort Lauderdale, Hollywood, Miami Gardens, Miramar, Pembroke Pines, and a 10-mile buffer extending from the border of the combined areaN/A.
  Jacksonville AreaJacksonville and a 10-mile buffer extending from the city borderJacksonville, FL.
  Miami AreaHialeah, Miami, and a 10-mile buffer extending from the border of the combined areaMiami, FL.
  Orlando AreaOrlando and a 10-mile buffer extending from the city borderOrlando, FL.
  Tampa Area*Clearwater, St. Petersburg, Tampa, and a 10-mile buffer extending from the border of the combined areaTampa, FL.
GAAtlanta AreaAtlanta and a 10-mile buffer extending from the city borderAtlanta, GA.
HIHonolulu AreaHonolulu and a 10-mile buffer extending from the city borderHonolulu, HI.
ILChicago AreaChicago and a 10-mile buffer extending from the city borderChicago, IL.
INIndianapolis AreaIndianapolis and a 10-mile buffer extending from the city borderIndianapolis, IN.
KYLouisville Area*Louisville and a 10-mile buffer extending from the city borderLouisville, KY.
LABaton Rouge Area*Baton Rouge and a 10-mile buffer extending from the city borderBaton Rouge, LA.
  New Orleans AreaNew Orleans and a 10-mile buffer extending from the city borderNew Orleans, LA.
MABoston AreaBoston, Cambridge, and a 10-mile buffer extending from the border of the combined areaBoston, MA.
MDBaltimore AreaBaltimore and a 10-mile buffer extending from the city borderBaltimore, MD.
MIDetroit AreaDetroit, Sterling Heights, Warren, and a 10-mile buffer extending from the border of the combined areaDetroit, MI.
MNTwin Cities AreaMinneapolis, St. Paul, and a 10-mile buffer extending from the border of the combined entityMinneapolis, MN; St. Paul, MN.
MOKansas City AreaIndependence, Kansas City (MO), Kansas City (KS), Olathe, Overland Park, and a 10-mile buffer extending from the border of the combined areaKansas City, MO.
  St. Louis AreaSt. Louis and a 10-mile buffer extending from the city borderSt. Louis, MO.
NCCharlotte AreaCharlotte and a 10-mile buffer extending from the city borderCharlotte, NC.
NEOmaha Area*Omaha and a 10-mile buffer extending from the city borderOmaha, NE.
NJJersey City/Newark AreaElizabeth, Jersey City, Newark, and a 10-mile buffer extending from the border of the combined areaJersey City, NJ; Newark, NJ.
NVLas Vegas Area*Las Vegas, North Las Vegas, and a 10-mile buffer extending from the border of the combined entityLas Vegas, NV.
NYBuffalo Area*Buffalo and a 10-mile buffer extending from the city borderBuffalo, NY.
  New York City AreaNew York City, Yonkers, and a 10-mile buffer extending from the border of the combined areaNew York, NY.
OHCincinnati AreaCincinnati and a 10-mile buffer extending from the city borderCincinnati, OH.
  Cleveland AreaCleveland and a 10-mile buffer extending from the city borderCleveland, OH.
  Columbus AreaColumbus and a 10-mile buffer extending from the city borderColumbus, OH.
  Toledo Area*Oregon, Toledo, and a 10-mile buffer extending from the border of the combined areaToledo, OH.
OKOklahoma City Area*Norman, Oklahoma and a 10-mile buffer extending from the border of the combined areaOklahoma City, OK.
ORPortland AreaPortland, Vancouver, and a 10-mile buffer extending from the border of the combined areaPortland, OR.
PAPhiladelphia AreaPhiladelphia and a 10-mile buffer extending from the city borderPhiladelphia, PA.
  Pittsburgh AreaPittsburgh and a 10-mile buffer extending from the city borderPittsburgh, PA.
TNMemphis AreaMemphis and a 10-mile buffer extending from the city borderMemphis, TN.
TXDallas/Fort Worth/Arlington AreaArlington, Carrollton, Dallas, Fort Worth, Garland, Grand Prairie, Irving, Mesquite, Plano, and a 10-mile buffer extending from the border of the combined areaDallas, TX; Fort Worth, TX; Arlington, TX.
  Houston AreaHouston, Pasadena, and a 10-mile buffer extending from the border of the combined entityHouston, TX.
  San Antonio AreaSan Antonio and a 10-mile buffer extending from the city borderSan Antonio, TX.
WASeattle AreaSeattle, Bellevue, and a 10-mile buffer extending from the border of the combined areaSeattle, WA.
WIMilwaukee AreaMilwaukee and a 10-mile buffer extending from the city borderMilwaukee, WI.

*FY05 Urban Areas eligible for sustainment funding through the FY06 Urban Areas Security Initiative (UASI) program; any Urban Area not identified as eligible through the risk analysis process for two consecutive years will not be eligible for continued funding under the UASI program.

Appendix B to Part 1580—Summary of the Applicability of Part 1580

[This is a summary—see body of text for complete requirements]

Security measure and rule sectionFreight
railroad carriers NOT
transporting
specified hazardous
materials
Freight railroad carriers
transporting
specified hazardous
materials (§1580.100(b))
Rail operations at certain
facilities that ship ( i.e. , offer, prepare, or load for
transportation)
hazardous
materials
Rail operations at certain
facilities that
receive or
unload
hazardous
materials
within
an HTUA
Passenger railroad
carriers and
rail transit
systems
Certain other rail operations (private,
business/office, circus, tourist,
historic,
excursion)
Allow TSA to inspect (§1580.5)XXXXXX
Appoint rail security coordinator (§1580.101 freight; §1580.201 passenger)XXXXX(1)
Report significant security concerns (§1580.105 freight; §1580.203 passenger)XXXXXX
Provide location and shipping information for rail cars containing specified hazardous materials if requested (§1580.103)XXX
Chain of custody and control requirements for transport of specified hazardous materials that are or may be in HTUA (§1580.107)XXX

1Only if notified in writing that a security threat exists.

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