121 STAT. 470
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VerDate Aug 31 2005
13:52 Jan 23, 2009
PUBLIC LAW 110–53—AUG. 3, 2007
shall incorporate the requirements of this section and, as appropriate, public comments received during the comment period of the rulemaking. (b) SECURITY-SENSITIVE MATERIALS COMMODITY DATA.—The Secretary of Transportation shall ensure that the final rule requires each railroad carrier transporting security-sensitive materials in commerce to, no later than 90 days after the end of each calendar year, compile security-sensitive materials commodity data. Such data must be collected by route, line segment, or series of line segments, as aggregated by the railroad carrier. Within the railroad carrier selected route, the commodity data must identify the geographic location of the route and the total number of shipments by the United Nations identification number for the security-sensitive materials. (c) RAILROAD TRANSPORTATION ROUTE ANALYSIS FOR SECURITYSENSITIVE MATERIALS.—The Secretary of Transportation shall ensure that the final rule requires each railroad carrier transporting security-sensitive materials in commerce to, for each calendar year, provide a written analysis of the safety and security risks for the transportation routes identified in the security-sensitive materials commodity data collected as required by subsection (b). The safety and security risks present shall be analyzed for the route, railroad facilities, railroad storage facilities, and high-consequence targets along or in proximity to the route. (d) ALTERNATIVE ROUTE ANALYSIS FOR SECURITY-SENSITIVE MATERIALS.—The Secretary of Transportation shall ensure that the final rule requires each railroad carrier transporting security-sensitive materials in commerce to— (1) for each calendar year— (A) identify practicable alternative routes over which the railroad carrier has authority to operate as compared to the current route for such a shipment analyzed under subsection (c); and (B) perform a safety and security risk assessment of the alternative route for comparison to the route analysis specified in subsection (c); (2) ensure that the analysis under paragraph (1) includes— (A) identification of safety and security risks for an alternative route; (B) comparison of those risks identified under subparagraph (A) to the primary railroad transportation route, including the risk of a catastrophic release from a shipment traveling along the alternate route compared to the primary route; (C) any remediation or mitigation measures implemented on the primary or alternative route; and (D) potential economic effects of using an alternative route; and (3) consider when determining the practicable alternative routes under paragraph (1)(A) the use of interchange agreements with other railroad carriers. (e) ALTERNATIVE ROUTE SELECTION FOR SECURITY-SENSITIVE MATERIALS.—The Secretary of Transportation shall ensure that the final rule requires each railroad carrier transporting security-sensitive materials in commerce to use the analysis required by subsections (c) and (d) to select the safest and most secure route to be used in transporting security-sensitive materials.
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