Homeland Security

Hazardous Materials Transportation
Enhanced Security Requirements

The Department of Transportation's (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) is responsible for the safe and secure transportation of hazardous materials (hazmat). Hazmat is essential to the economy of the United States and the well-being of its people. Hazmat fuels our cars and trucks and heats and cools our homes and offices.

Department of Transportation: 
Pipeline and Hazardous Materials Safety Administration

49 CFR Part 172
[Docket No. PHMSA–06–25885 (HM–232F)] RIN 2137–AE22

Hazardous Materials: Risk-Based Adjustment of Transportation Security Plan Requirements
Agency: Pipeline and Hazardous Materials Safety Administration (PHMSA).
Action: Final rule.

Summary: PHMSA, in consultation with the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS), is modifying current security plan requirements applicable to the
commercial transportation of hazardous materials by air, rail, vessel, and highway. Based on an evaluation of the security threats associated with specific types and quantities of hazardous materials, the final rule narrows the list of materials subject to security plan requirements and reduces associated regulatory costs and paperwork burden. The final rule also clarifies certain requirements related to security
planning, training, and documentation.


Department Of Homeland Security
Transportation Security Administration

49 CFR Parts 1520 and 1580

[Docket No. TSA–2006–26514; Amendment
Nos. 1520–5, 1580–(New)]
RIN 1652–AA51

Rail Transportation Security

Agency: Transportation Security
Administration, DHS.
Action: Final rule.

Summary: The Transportation Security Administration (TSA) issues this final rule to enhance the security of our Nation’s rail transportation system. This rule establishes security requirements for freight railroad carriers; intercity, commuter, and short-haul passenger train service providers; rail transit systems; and rail operations at certain, fixed-site facilities that ship or receive specified hazardous materials by rail. This rule codifies the scope of TSA’s existing inspection program and requires regulated parties to allow TSA and Department of Homeland Security (DHS) officials to enter, inspect, and test property, facilities, conveyances, and records relevant to rail security. This rule also requires that regulated parties designate rail security coordinators and report significant security concerns. This rule further requires that freight rail carriers and certain facilities handling specified hazardous materials be able to report location and shipping information to TSA upon request and implement chain of custody requirements to ensure a positive and secure exchange of specified hazardous materials. TSA also clarifies and amends the sensitive security information (SSI) protections to cover certain information associated with rail transportation.

Dates: This final rule is effective December 26, 2008.

Department Of Homeland Security
Transportation Security Administration

49 CFR Parts 1515, 1570, 1572

Coast Guard
33 CFR Parts 101, 103, 104, 105, 106,125; 46 CFR Parts 10, 12, 15
[Docket Nos. TSA–2006–24191; USCG–2006–24196]
RIN 1652–AA41

Transportation Worker Identification Credential (TWIC) Implementation in the Maritime Sector; Hazardous
Materials Endorsement for a Commercial Driver’s License

Agency: Transportation Security
Administration; United States Coast Guard, DHS.
Action: Notice of proposed rulemaking (NPRM).

Summary: This is a notice of proposed rulemaking by the Department of Homeland Security, specifically by the Transportation Security Administration and the United States Coast Guard. If promulgated, this rule would implement the Transportation Worker Identification Credential program in the maritime sector. Under this program, merchant mariners holding an active License, Merchant Mariner Document, or Certificate of Registry and workers who require unescorted access to secure areas at maritime facilities or on vessels must undergo a security threat assessment, and, if found to not pose a security threat, obtain a Transportation Worker Identification Credential. Persons without Transportation Worker Identification Credentials will not be granted unescorted access to secure areas at affected maritime facilities or on vessels.

Under this proposed rule, the Coast Guard seeks to amend its regulations on vessel and facility security to require the use of the Transportation Worker Identification Credential as an access control measure. It is also proposing to amend its regulations covering merchant mariners to incorporate the requirement to obtain a Transportation Worker Identification Credential. In a separate rulemaking action published elsewhere in this edition of the Federal Register, the Coast Guard also is proposing to consolidate existing licensing and documentation regulations to minimize duplicative or redundant identification or background check requirements.

The Transportation Security Administration proposes amending its security threat assessment standards that currently apply to commercial drivers authorized to transport hazardous materials in commerce to also apply to merchant mariners and workers who require unescorted access to secure areas on vessels and at port facilities. These proposed amendments also relate to the notification an employer receives when an employee who holds a hazardous materials endorsement or a Transportation Worker Identification Credential is determined to pose a security threat. The Transportation Security Administration also is proposing regulations dealing with the enrollment of port workers into the Transportation Worker Identification Credential program.

In addition, the Transportation Security Administration is proposing a fee, as authorized under the Department of Homeland Security Appropriations Act of 2004, to pay for the costs related to the issuance of the Transportation Worker Identification Credentials under this rule.

This rulemaking would enhance the security of ports by requiring background checks on persons and establishing a biometric access control system to prevent those who pose a security threat from gaining unescorted access to secure areas of ports. This rulemaking implements the Maritime Transportation Security Act of 2002, which requires that credentialed merchant mariners and workers with unescorted access to secured areas of vessels and facilities be subject to a security threat assessment and receive a biometric credential needed to access secured areas.

Risk Management Self-Evaluation Framework (RMSEF) - a tool for to aid all parties (regulators, shippers, carriers, emergency response personnel, etc.) in assessing and managing risk.

Risk Management Framework For Hazardous Materials Transportaion - The U.S. Department of Transportation’s (DOT) Research and Special Programs
Administration (RSPA) administers a comprehensive safety program in hazardous materials
transportation to protect the Nation from risks to life, health, property, and the environment.
Although incidents resulting in hazardous materials releases occasionally occur, most observers believe the existing hazardous materials transportation safety program has performed well. Both government and private industry have undertaken extensive efforts through regulations, programs, and initiatives to reduce the risks of transporting hazardous materials. Society is generally intolerant, however, of risks from hazardous materials transportation, particularly when there is potential for multiple injuries and/or fatalities. To reduce the number and impact of serious incidents, RSPA has made it a priority to use structured risk management approaches in its own programs and to encourage hazardous materials shippers and carriers, as well as others involved in transporting hazardous materials, to proactively evaluate the risks of their operations and take appropriate steps to further reduce those risks. This report presents and explains a RSPA risk management