TSA Supplementary Security Action Items for Rail Transportation of TIH Commodities
Letter from Diane Duren, April 11, 2007
Dear Valued Customer:
On January 29, 2007, I provided you with an update on expected impacts of the Transportation Security Administration (TSA) issued supplemental security action items (SSAI) that were initially distributed on November 21, 2006. These measures cover the rail transportation of Toxic Inhalation Hazard (TIH) commodities. While voluntary, TSA is expected to adopt mandatory requirements in the next few months.
I want to update you on several aspects that were mentioned in my previous communication.
First, Union Pacific did file comments with the Department of Homeland Security/Transportation Security Administration (DHS/TSA). On February 20, 2007, Union Pacific filed its own independent comments, as well as comments as a member of the Association of American Railroad (AAR) and other comments in conjunction with chemical customers and other railroads. All of these comments may be viewed at http://dms.dot.gov/ (Docket 26514).
While we have a number of concerns that were expressed in concert with the railroad industry, independently we are focusing most on the need to have appropriate “preemption” of any local or state restrictions on handling these and all hazardous materials in intrastate or interstate commerce. We feel it is imperative that we be allowed to move and transport these commodities in the safest and most efficient manner without the requirement to adjust to a myriad of possible regulations that could be imposed across our service territory. Local or state restrictions may force railroads to reroute TIH highly hazardous material shipments to longer, less desirable routes or impose additional levels of security beyond that which is reasonable and prudent under the federal regulations.
Secondly, we have been actively working through the specific operational aspects to comply with the SSAI and proposed new regulations. The primary areas of service impact are:
-
TIH cars will no longer be held in rail yards or other railroad-controlled trackage in High Threat Urban Areas (HTUAs) awaiting space in a receiver’s facility. HTUA receivers will be required to accept TIH cars upon arrival (i.e. spot on arrival).
-
Outbound TIH cars will not be held in rail yards or other rail facilities in HTUAs awaiting billing. HTUA shippers will be required to provide billing before TIH cars will be pulled.
- TIH customers will be required to have personnel physically present whenever TIH cars are spotted or pulled from customer facilities in HTUAs.
In addition, we are piloting an industry site survey process to be used to assess any barriers which could inhibit compliance with the anticipated new rules. An experienced team of Union Pacific Railroad personnel covering the disciplines of operations, safety/security and customer contact will implement the process to determine specific attributes of each industry site. The customer’s specific site personnel at the location will be engaged in the process to ensure understanding of the receipt or delivery process. After completing a phase of testing in St. Louis and Houston, this industry site survey process will be expanded and applied to every location served directly by Union Pacific. It is important to note that while the proposed new regulations will require our compliance with prescribed operating procedures within HTUAs, we intend to comply uniformly across our system at all locations, not just in HTUAs.
I ask for your active participation and cooperation when your site is contacted for a site analysis and review. We will work with your personnel to ensure we have the appropriate processes in place to deliver and receive your highly hazardous materials.
More information will be forthcoming once the final rules are announced. We will update you as those events occur. If you have any questions, please feel free to contact me at (402-544-5405) or Bob Worrell (402-544-6032).
Vice President & General Manager - Chemicals
Supporting Documents