[Code of Federal Regulations]
[Title 49, Volume 8]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR1572.11]

[Page 372-374]
 
                        TITLE 49--TRANSPORTATION
 
   CHAPTER XII--TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF 
                            HOMELAND SECURITY
 
PART 1572_CREDENTIALING AND BACKGROUND CHECKS FOR MARITIME AND LAND 
TRANSPORTATION SECURITY--Table of Contents
 
      Subpart A_Requirements to Undergo Security Threat Assessments
 
Sec. 1572.11  Transportation of explosives from Canada to the United 
States via railroad carrier.

    (a) Applicability. This section applies to railroad carriers that 
carry explosives from Canada to the United States using a train crew 
member who is not a United States citizen or lawful permanent resident 
alien of the United States.
    (b) Terms under this section. For purposes of this section:
    Customs Service means the United States Customs Service.
    Explosive means a material that has been examined by the Associate 
Administrator for Hazardous Materials Safety, Research and Special 
Programs Administration, in accordance with 49 CFR 173.56, and 
determined to meet the definition for a Class 1 material in 49 CFR 
173.50.

[[Page 373]]

    Known railroad carrier means a person that has been determined by 
the Governments of Canada and the United States to be a legitimate 
business operating in accordance with all applicable laws and 
regulations governing the transportation of explosives.
    Known offeror means an offeror that has been determined by the 
Governments of Canada and the United States to be a legitimate business 
operating in accordance with all applicable laws and regulations 
governing the transportation of explosives.
    Known train crew member means an individual used to transport 
explosives from Canada to the United States who has been determined by 
the Governments of Canada and the United States to present no known 
security concern.
    Lawful permanent resident alien means a lawful permanent resident 
alien of the United States as defined by 8 U.S.C. 1101(a)(2).
    Offeror means the person offering a shipment to the railroad carrier 
for transportation from Canada to the United States, and may also be 
known as the ``consignor'' in Canada.
    Railroad carrier means ``railroad carrier'' as defined in 49 U.S.C. 
20102.
    (c) Prior approval of railroad carrier, offeror, and train crew 
member. (1) No railroad carrier may transport in commerce any explosive 
into the United States from Canada via a train operated by a crew member 
who is not a United States citizen or lawful permanent resident alien 
unless the railroad carrier, offeror, and train crew member are 
identified on a TSA list as a known railroad carrier, known offeror, and 
known train crew member, respectively.
    (2) The railroad carrier must ensure that it, its offeror, and each 
of its crew members have been determined to be a known railroad carrier, 
known offeror, and known train crew member, respectively. If any has not 
been so determined, the railroad carrier must submit the following 
information to Transport Canada:
    (i) The railroad carrier must provide its:
    (A) Official name;
    (B) Business number;
    (C) Any trade names; and
    (D) Address.
    (ii) The following information about any offeror of explosives whose 
shipments it will carry:
    (A) Official name;
    (B) Business number; and
    (C) Address.
    (iii) The following information about any train crew member the 
railroad carrier may use to transport explosives into the United States 
from Canada who is neither a United States citizen nor lawful permanent 
resident alien:
    (A) Full name; and
    (B) Both current and most recent prior residential addresses.
    (3) Transport Canada will determine that the railroad carrier and 
offeror are legitimately doing business in Canada and will also 
determine that the train crew members present no known problems for 
purposes of this section. Transport Canada will notify TSA of these 
determinations by forwarding to TSA lists of known railroad carriers, 
offerors, and train crew members and their identifying information.
    (4) TSA will update and maintain the list of known railroad 
carriers, offerors, and train crew members and forward the list to the 
Customs Service.
    (5) Once included on the list, the railroad carriers, offerors, and 
train crew members need not obtain prior approval for future transport 
of explosives under this section.
    (d) TSA checks. TSA may periodically check the data on the railroad 
carriers, offerors, and train crew members to confirm their continued 
eligibility and may remove from the list any that TSA determines is not 
known or is a threat to security.
    (e) At the border--(1) Train crew members who are not United States 
citizens or lawful permanent resident aliens. Upon arrival at a point 
designated by the Customs Service for inspection of trains crossing into 
the United States, the train crew members of a train transporting 
explosives must provide sufficient identification to the Customs Service 
to enable that agency to determine if each crew member is on the list of 
known train crew members maintained by TSA.

[[Page 374]]

    (2) Train crew members who are United States citizens or lawful 
permanent resident aliens. If the Customs Service cannot verify that the 
crew member is on the list and the crew member is a United States 
citizen or lawful permanent resident alien, the crew member may be 
cleared by the Customs Service upon providing:
    (i) A valid United States passport; or
    (ii) One or more other document(s) including a form of United States 
federal or state government-issued identification with photograph, 
acceptable to the Customs Service.
    (3) Compliance. If a carrier attempts to enter the United States 
without having complied with this section, the Customs Service will deny 
entry of the explosives and may take other appropriate action.