[Federal Register Volume 74, Number 96 (Wednesday, May 20, 2009)]
[Rules and Regulations]
[Pages 23656-23657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11736]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
49 CFR Part 1580
[Docket No. TSA-2006-26514; Amendment Nos. 1520-7, 1580-2]
RIN 1652-AA51
Rail Transportation Security
AGENCY: Transportation Security Administration (TSA), DHS.
ACTION: Final rule; correcting amendments.
-----------------------------------------------------------------------
SUMMARY: This action contains minor technical corrections to the Rail
Transportation Security final rule, which was published on November 26,
2008. That document incorrectly referenced certain paragraphs in
various sections of 49 CFR part 1580 and included an incorrect
telephone number for reporting significant security concerns to TSA.
This document corrects the final regulations by revising these
paragraph citations and providing the appropriate telephone number.
DATES: This correction is effective on May 20, 2009.
FOR FURTHER INFORMATION CONTACT: David H. Kasminoff, Office of Chief
Counsel, TSA-2, Transportation Security Administration, 601 South 12th
Street, Arlington, VA 20598-6002; telephone (571) 227-3583; facsimile
(571) 227-1378; e-mail [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On November 26, 2008 (73 FR 72131), TSA issued a final rule to
enhance the security of our Nation's rail transportation system. This
rule established 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.
As published, the regulatory text in the final rule contains several
incorrect references to other provisions in the rule. First, the rule
as published, in stating that Sec. Sec. 1580.100, 1580.101, and
1580.105 apply to a freight railroad carrier hosting a passenger
operation described in Sec. 1580.1, incorrectly cites to nonexistent
paragraph (d) in Sec. 1580.1, instead of paragraph (a)(4). Second,
Sec. 1580.103(g), which requires each person described in paragraph
(a) of that section to provide a telephone number for TSA to use to
request location and shipping information, incorrectly refers to
information required in paragraph (a)(4) of Sec. 1580.103 instead of
paragraph (c). Third, Sec. 1580.103(g)(2), in stating that a covered
person may not provide a telephone number that requires a call back
(such as an answering service, answering machine, or beeper device) to
meet the requirements of Sec. 1580.103, incorrectly refers to
paragraph (f) of that section instead of paragraph (g). Fourth, Sec.
1580.107(a), in referencing the paragraph that contains an exception to
the requirements imposed upon a rail hazardous materials shipper
transferring to a rail car containing rail security-sensitive materials
to a railroad carrier, incorrectly refers to paragraph (e) of Sec.
1580.107 instead of paragraph (g). This final rule correction replaces
the incorrect citations with the correct ones.
Finally, the telephone numbers provided in Sec. Sec. 1580.105(b)
and 1580.203(b) of the final rule for reporting significant security
concerns to DHS have been changed. The new telephone number at the TSA
Freedom Center designated to receive reports of significant security
concerns is 1-866-615-5150. This final rule correction inserts the
correct telephone number in the rule text.
List of Subjects in 49 CFR Part 1580
Hazardous materials transportation, Mass transportation, Rail
hazardous materials receivers, Rail hazardous materials shippers, Rail
transit systems, Railroad carriers, Railroad safety, Railroads,
Reporting and recordkeeping requirements, Security measures.
II. Corrections to the Rule
0
Accordingly, 49 CFR part 1580 is corrected by making the following
correcting amendments:
PART 1580--RAIL TRANSPORTATION SECURITY
0
1. The authority citation for part 1580 continues to read as follows:
Authority: 49 U.S.C. 114.
0
2. In Sec. 1580.100, paragraph (a)(4) is correctly revised to read as
follows:
Sec. 1580.100 Applicability.
(a) * * *
(4) Each freight railroad carrier hosting a passenger operation
described in Sec. 1580.1(a)(4) of this part.
* * * * *
0
3. In Sec. 1580.101, paragraph (a)(4) is correctly revised to read as
follows:
Sec. 1580.101 Rail security coordinator.
(a) * * *
[[Page 23657]]
(4) Each freight railroad carrier hosting the passenger operations
described in Sec. 1580.1(a)(4) of this part.
* * * * *
0
4. In Sec. 1580.103, paragraphs (g) introductory text and (g)(2) are
correctly revised to read as follows:
Sec. 1580.103 Location and shipping information for certain rail
cars.
* * * * *
(g) Telephone number. Each person described in paragraph (a) of
this section must provide a telephone number for use by TSA to request
the information required in paragraph (c) of this section.
* * * * *
(2) A telephone number that requires a call back (such as an
answering service, answering machine, or beeper device) does not meet
the requirements of this paragraph.
* * * * *
0
5. In Sec. 1580.105, paragraphs (a)(4) and (b) are correctly revised
to read as follows:
Sec. 1580.105 Reporting significant security concerns.
(a) * * *
(4) Each freight railroad carrier hosting a passenger operation
described in Sec. 1580.1(a)(4) of this part.
* * * * *
(b) Each person described in paragraph (a) of this section must
immediately report potential threats and significant security concerns
to DHS by telephoning the Freedom Center at 1-866-615-5150.
* * * * *
0
6. In Sec. 1580.107, paragraph (a) introductory text is correctly
revised to read as follows:
Sec. 1580.107 Chain of custody and control requirements.
(a) Within or outside of an HTUA, rail hazardous materials shipper
transferring to carrier. Except as provided in paragraph (g) of this
section, at each location within or outside of an HTUA, a rail
hazardous materials shipper transferring custody of a rail car
containing one or more of the categories and quantities of rail
security-sensitive materials to a freight railroad carrier must:
* * * * *
0
7. In Sec. 1580.103, paragraph (b) is correctly revised to read as
follows:
Sec. 1580.203 Reporting significant security concerns.
* * * * *
(b) Each person described in paragraph (a) of this section must
immediately report potential threats and significant security concerns
to DHS by telephoning the Freedom Center at 1-866-615-5150.
* * * * *
Issued in Arlington, Virginia, on May 13, 2009.
Gale D. Rossides,
Acting Administrator.
[FR Doc. E9-11736 Filed 5-19-09; 8:45 am]
BILLING CODE 9110-05-P