Federal Register: May 20, 2009 (Volume 74, Number 96)
DOCID: fr20my09-17 FR Doc E9-11736
DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
CFR Citation: 49 CFR Part 1580
Docket ID: [Docket No. TSA-2006-26514; Amendment Nos. 1520-7, 1580-2]
RIN ID: RIN 1652-AA51
NOTICE: RULES
DOCID: fr20my09-17
DOCUMENT ACTION: Final rule; correcting amendments.
SUBJECT CATEGORY:
Rail Transportation Security
DATES: This correction is effective on May 20, 2009.
DOCUMENT 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.
SUMMARY:
Rail Transportation Security
SUPPLEMENTAL 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 shorthaul passenger train service providers; rail transit systems; and rail operations at certain, fixedsite 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 securitysensitive 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 18666155150. 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
Accordingly, 49 CFR part 1580 is corrected by making the following correcting amendments:
PART 1580RAIL TRANSPORTATION SECURITY
1. The authority citation for part 1580 continues to read as follows:
Authority: 49 U.S.C. 114.
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.
* * * * *
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.
* * * * *
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.
* * * * *
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 18666155150.
* * * * *
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
securitysensitive materials to a freight railroad carrier must: * * * * *
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 18666155150.
* * * * *
Issued in Arlington, Virginia, on May 13, 2009.
Gale D. Rossides,
Acting Administrator.
[FR Doc. E911736 Filed 51909; 8:45 am]
BILLING CODE 911005P
FOR FURTHER INFORMATION CONTACT
David H. Kasminoff, Office of Chief Counsel, TSA2, Transportation Security Administration, 601 South 12th Street, Arlington, VA 205986002; telephone (571) 2273583; facsimile (571) 2271378; email david.kasminoff@dhs.gov.