U'S' Department of Transportation Federal Railroad Administration

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U.S. Department of TransportationFederal
Railroad Administration
Federal Regulatory Update on Rail Routing of
Hazardous Materials William S. Schoonover Staff
Director, HM Division Washington, DC
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Federal Authority
DOT Authority to regulate safety and security of
hazardous materials transportation Hazardous
Materials Transportation Act (49 U.S.C. 5101
et.seq.) Federal Railroad Safety Act (49 U.S.C.
20101 et.seq.) TSA Authority to regulate security
of hazardous material transportation Aviation
Transportation Security Act (Pub. L. 107-71, 115
Stat. 597)
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Routing as a Federal Issue
The approaches by various states and localities
are fundamentally at odds with the flexible
approach deliberately adopted by the Federal
regulatory agencies and would seriously disrupt
the flow of hazardous materials that are vital to
the public health, the national economy, and
national security.
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Current Requirements
HMR does not contain specific requirements for
routing but rather encompasses it as a mitigating
measure. 49 CFR 174.14 Forwarding
Provisions 49 CFR 172.102 Special Provision B61
Handling 49 CFR 173.314(g)(1) Time Sensitive
Shipments Safety Compliance Oversight Plan
HLRM SNF 49 CFR Part 172 Subpart I Security
Plans
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Routing as a Part of the Transportation Cycle
Routing decisions are continually made as a part
of the transportation cycle for a variety of
reasons.
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Future Activities

• DOT and DHS are planning to propose regulations
  that clarify and enhance the existing rules.
• Balance three sides of the transportation cycle
  equation
• Improve uniformity of analysis
• Provide increased Federal input and oversight
• Improve awareness control of shipments