[Federal Register Volume 61, Number 177 (Wednesday, September 11, 1996)]
[Notices]
[Pages 47894-47897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23171]


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DEPARTMENT OF DEFENSE
Department of the Army


Military Traffic Management Command; Security Rules and 
Accessorial Service Governing the Movement of Department of Defense 
Freight Traffic by Rail Carrier

AGENCY: Military Traffic Management Command (MTMC), DoD.

ACTION: Notice.

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SUMMARY: The Military Traffic Management Command is proposing to change 
Items 85, 95, 100, and 180 in the Military Traffic Management Command 
Freight Traffic Rules Publication 10 (MFTRP 10). This proposed change 
combines two existing transportation protective services into a new 
service. Also, the change clarifies where and under what circumstances 
Arms, Ammunition and Explosives, Tanks, Wheeled Vehicles, and other 
Sensitive Items are protected while being shipped by rail.

DATES: Comments must be submitted on or before November 15, 1996.

ADDRESSES: All comments concerning the proposed change should be 
addressed to Headquarters, Military Traffic Management Command, ATTN: 
MTOP-T, 5611 Columbia Pike, Falls Church, VA 22041-5050.

FOR FURTHER INFORMATION CONTACT:
Mr. Mark Gerade, e-mail [email protected] or Mr. Robert 
Jones, [email protected], Headquarters, Military Traffic 
Management Command, ATTN: MTOP-OP, 5611 Columbia Pike, Falls Church, VA 
22041-5050, telephone (703) 681-6109/6089.

SUPPLEMENTARY INFORMATION: The proposed changes read as follows:

Item 85--Application

    1. The Transportation Protective Service (TPS) set forth in this 
section apply to rail carriers offering to transport military arms; 
Division 1.1, 1.2, and 1.3, ammunition, explosives, fireworks, chemical 
munitions, and other commodities which may require physical security 
protection while in transit.
    2. When this service is required on shipments moving in TOFC/COFC 
service, rail carriers will insure the appropriate motor TPS applicable 
to the highway portion incident to the TOFC/COFC movement is provided. 
The motor TPS is set forth in Section 2 of Motor Freight Rules 
Publication No. 1A (MFTRP No. 1A). Only MTMC approved munitions motor 
carriers may be used to transport shipments over the highway.
    3. Carriers which provide TPS without charge will enter on the 
Tender in Section F(2) two-character alpha code for this service in the 
``service'' field and place zeros in the ``charge'' column. This will 
indicate that the service is offered without charge.
    4. To simplify tender filing procedures, carriers may file one 
tender containing charges applicable to the TPS named in this section.

Item 95--Rail Armed Guard Service (RG) (Note)

    1. Definition. Rail Armed Guard Service (RG). RG is a 
transportation protective service that provides one armed guard to 
maintain constant and specific 24 hour surveillance on a DOD shipment 
consisting of one or more cars in the same train.
    2. Requirement. Carriers providing RG must:
    a. Perform all functions of Rail Inspection Service (RI) as 
specified in item 100.

[[Page 47895]]

    b. Maintain surveillance at all rail stops as well as in yards and 
terminals where train stops. All security seals and/or locks will be 
checked at all stops shown in NOTE of this item.
    c. Guards will be augmented as required to maintain continuous 
observation on railcars transporting shipment(s).
    d. Guards will not leave shipment until properly relieved by 
another guard or consignee at destination.
    e. On shipments in environmentally controlled cars, trailers or 
containers, the refrigeration/heating units must be inspected in 
transit at least twice during each 24-hour period for the purpose of 
maintaining temperature requirements. Inspections must be at least 10 
hours apart. The temperature requirement of each shipment will be 
annotated on the bill of lading by the shipper. Immediately following 
each required inspection, an authorized carrier representative will 
make a report by telephone to the consignee and the appropriate toll 
free 800-Hotline telephone number (see Item 180), furnishing the 
information called for in the sample format shown in NOTE of this item. 
The cost of telephone calls to other than toll free numbers will not be 
borne by the Government.
    f. Annotation. RG will only be furnished upon request of the 
shipper by annotation on the bill of lading as follows:
``Rail Armed Guard Surveillance Service (RG) Requested''
    g. If suspicion of tampering or sabotage exists at any point during 
the movement of the shipment, the railroad special agents office will 
immediately notify the consignee, HQMTMC at (703)681-6125, or one of 
the 24-hour MTMC 800-Hoteline telephone numbers (See ITEM 180). If 
necessary, the carrier will solicit the aid of local, state or federal 
law enforcement officials to secure the shipment.
    3. Charges. When requested by the shipper, the rail carrier(s) will 
provide RG on shipments of single car loads or shipments of multiple 
car loads in the same train at a charge of RG(1) $________ per highway 
mile or in lieu thereof a flat charge of RG(2) $________ per car. The 
charges will apply from point of origin to point of destination, and 
will be in addition to all other charges for transportation of 
shipments requiring this service.
    In Section F(1) of the tender, carriers will complete either RG(1) 
or RG (2), but not both.

    Note: Information to be furnished per instructions in paragraph 
2e above:

1. Person and carrier reporting:

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2. City or place of inspection:

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3. Local arrival time at checkpoint:

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4. Local time inspection was performed:

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5. Interior temperature of the equipment:

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6. Approximate outside temperature:

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7. Government seals intact: Yes (  ) No (  )

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8. Replaced by seal number:

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9. Air conditioning unit working: Yes (  ) No (  )

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10. Arrangement made for repair:

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11. Entries made on log attached to equipment: Yes (  ) No (  )

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12. Estimated or actual time or departure from checkpoint:

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13. Estimated time of arrival at next checkpoint or destination:

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Item 100--Rail Inspection Service (RI) (Notes 1 through 8)

    Rail Inspection Service (RI) replaces two rail security services, 
Rail Surveillance Service (RS) and Tank Surveillance Service (TS). 
Greater Security Service (GS), as defined in item 90, will still be 
maintained for all other shipments under RI service. GS automatically 
includes Military Traffic Expediting Service (MTX) (See Note 5). It is 
intended that RI service incorporate the inspection and/or surveillance 
requirements of each of the services RI replaced.
    1. Definition. Rial Inspection Service (RI) is performed by rail 
carriers for in-transit protection of sensitive and pilferable items; 
RI automatically includes MTX (See Note 5). Inspection under RI is 
external only to assure the integrity of the shipment (container or 
vehicle) and the seals/locking devices. RI is required for the movement 
of Abrams tanks, and other ground vehicles with sensitive armor 
Categories II through IV, and uncategorized (at DOD component 
headquarters direction); arms, ammunition, and explosives (AA&E); and 
night vision devices (NVD). RI is optional for vehicle movements and 
unit or other movements involving pilferable items, such as high value 
communications and electronics.
    2. Requirements. Carriers providing RI must:
    a. For all Shipments Under RI:
    (1) Perform Military Traffic Expediting Service (MTX) (NOTE 5).
    (2) Annotation. RI will only be furnished upon request of the 
shipper by annotation on the bill of lading as follows:
    ``Rail Inspection Service (RI) Requested.''
    (3) Inspect each rail car containing shipments requiring RI. 
Inspection will be performed by railroad police officer, railroad 
employees (trained) other than police, or instructed personnel 
(trained) which could be contract security firms designated by the 
carrier within one hour after train has entered a rail terminal. 
Reinspection will take place every hour thereafter until the train 
departs (NOTE 3). For shipments located at a working terminal, where 
carrier personnel are present and can provide continuous observation, 
hourly inspections are waived provided the train is on an inside track. 
When hourly inspections are performed, they will be documented.
    (4) Inspection records will be required at terminals on arrival and 
departure and at all interchange points between railroads.
    (5) Inspection made by railroad police officer, railroad employees 
(trained) other than police, or instructed personnel (trained), which 
could be contract security firms, will be available within 24 hours.
    (6) While in-transit and not in terminal, railroad police officer, 
railroad employees (trained) other than police, or instructed personnel 
(trained), which could be contract security firms designated by the 
carrier will inspect the railcar(s) containing the shipment every hour 
when a delay is more than 90 minutes.
    (7) Assure complete interchange security procedures are in effect, 
and recorded when transferring the shipment to another railroad, or 
intermodal carrier, or with the government (NOTE 6).
    (8) Where feasible, place shipments transiting rail yards in well-
lighted areas, on an inside track, near the tower, and/or otherwise 
under the general observation of railroad police officer, railroad 
employees (trained) other than police, or instructed personnel 
(trained), which could be contract security firms designated by carrier 
(NOTE 1).
    (9) Notify the consignee in a timely manner of arrival at 
destination and maintain inspection until physical hand-off has 
occurred (NOTES 2 and 4).
    (a) Name of carrier reporting.
    (b) Name of Inspector and his/her signature.
    (c) Time of each inspection or acceptance for continuous 
observation.
    (d) Actual arrival time at terminal.

[[Page 47896]]

    (e) Actual departure time from terminal.
    (f) Condition of conveyance(s) and seals/locking devices.
    b. For Arms, Ammunition, and Explosives (AA&E), and containerized 
Night Vision Device (ND):
    (1) Inspection of container locks/seals. If found broken, reseal 
with same or equivalent device. Report broken locks/seals, or other 
security problems with containers to one of the 24-hour MTMC 800-
Hotline numbers listed in item 180, page 8.
    (2) Ensure containers are positioned door to door or otherwise 
placed with door inaccessiable.
    (3) If an add number of containers/MILVANs, other than one, is 
loaded on an individual rail car, loading is ``door to door'' and the 
remaining container is loaded with the door facing the end of another 
container/MILVAN.
    c. For M1 Abrams Tanks:
    (1) Inspection calls for external observation and inspection by 
railroad police officer, railroad employees (trained) other than 
policy, or instructed personnel (trained), which could be contract 
security firms, of each vehicle within one hour after it has stopped 
and at least once each hour during each stop. Documentation supporting 
hourly checks is subject to review.
    (2) In addition to the requirements in paragraph 2a above, the 
following inspections will be performed by the carrier to ensure the 
integrity of the shipment and will be conducted from the ground unless 
exceptions are noted.
    (a) Ensure tank armor plate, tie downs, or other parts are secure 
and intact.
    (b) Ensure tank skirts and transloc bolts are secure and undamaged.
    (c) Inspect vehicle openings (drivers, hatch, loading hatch) to 
ensure they are adequately secured (locked and sealed, or welded).
    (d) Inspect equipment boxes to ensure exterior integrity of the 
boxes and that seals/locking devices and tie downs are intact.
    (3) If the armor is penetrated, the shipment will continue to be 
protected by the carrier in conjunction with an on-the-scene 
investigation by military representatives.
    (4) A diagram of the M1 Abrams Tank is found at the end of this 
section and depicts those areas of the vehicle that railroad police 
officer, railroad employees (trained) other than police, or instructed 
personnel (trained), which could be contract security firms, will 
concentrate their physical inspection.
    d. For Non-Sensitive Armored/Wheeled Vehicle Inspections 
(Optional):
    (1) This service may be used at the shipper's option for the 
movement of armored and wheeled vehicles (excluding the M1 Abrams Tank 
family of vehicles and certain ground vehicles tracked with sensitive 
armor, for which RI is mandatory. Inspection calls for the external 
observation and inspection by railroad police officer, railroad 
employees (trained) other than police, or instructed personnel 
(trained), which could be contract security firms of each railcar 
transporting military vehicles, IAW paragraph a above.
    (2) The following inspections will be performed by the carrier to 
ensure the integrity of the shipment and will be conducted from the 
ground unless exceptions are noted.
    (a) Inspect wheeled vehicles for glass damage and all vehicles for 
signs of pilferage, theft, or serious damage.
    (b) Ensure tie downs are secure and intact.
    (c) Inspect vehicle openings of tanks and tactical vehicles 
(driver's hatch, loading hatch) to ensure they are adequately secured 
(locked, and sealed, or welded).
    (d) Sensitive or pilferable items shipped along with thanks and 
other tracked vehicles should be in separate, approved containers. The 
shipper is responsible for securing a vehicle's opening and all 
containers. The seals/locking devices will be inspected by railroad 
police officer, railroad employees (trained) other than police, or 
instructed personnel (trained), which could be contract security firms, 
to ensure that they are adequately secured.
    3. Reporting Procedures.
    a. The shipper must report shipment information to the appropriate 
MTMC area command in advance of movement and must include the GS or RI 
number on GBL. MTMC area commands will be responsible for furnishing 
this information to Manager, Military Transportation Section, AAR, at 
(703) 681-6117 in a timely manner.
    b. In the event of any serious accident or incident, suspected or 
actual tampering and if the carrier believes a threat exists, the 
carrier will immediately notify the consignee and MTMC on one of the 
twenty-four hour MTMC 800-Hotline numbers provided below. If necessary 
the carrier will solicit the aid of local state or federal law 
enforcement officials to secure the shipment. Notification will also be 
furnished to the Manager, Military Transportation Section, AAR, at 
(703) 681-6117. Damage reporting of serious accidents or incidents will 
be reported within two hours following occurrence (NOTE 2 and 4).
    c. If evidence of forced entry or tampering with seals has 
occurred, the carriers will immediately notify the consignee and MTMC 
800-Hotline numbers listed below.
    4. Charges. In addition to all rates and charges for 
transportation, shipment of:
    a. Arms, Ammunition and Explosives (AA&E) and containerized Night 
Vision Devices (NVD) for which RI is provided by carrier at shipper's 
request will be subject to a charge of RI(1) $________ per highway mile 
per car or in lieu thereof a flat charge of RI(2) $____________ per 
car.
    b. M1 Abrams Tanks for which RI is provided by carrier at shipper's 
request will be subject to a charge of RI(3) $________ per highway mile 
per car or in lieu thereof a flat charge of RI(4) $____________ per 
car.
    c. Non-Sensitive Armored/Wheeled Vehicle Inspections (Optional) for 
which RI is provided by carrier at shipper's request will be subject to 
a charge of RI(5) $________ per highway mile per car or in lieu thereof 
a flat charge of RI(6) $____________ per car.

    Note 1: Lighting illuminating the railcar(s) containing the 
military shipment is beneficial for supporting inspections and 
should be used when feasible.
    Note 2: Timely is defined in terms of immediate notification of 
delivery and advising the government not later than two hours after 
a serious accident or incident.
    Note 3: Inspectors should be a railroad police officer, railroad 
employees (trained) other than police, or instructed personnel 
(trained), which could be contract security firms designated by the 
carrier to inspect the railcar(s).

    [A person is considered ``trained and instructed'' when he or she 
is employed by the railroad or the terminal involved in the handling of 
shipments, has been trained by the railroad/terminal to inspect 
railcar(s), is aware of the sensitivity of material moving under RI, 
and knowledgeable of safety, security and emergency procedures that 
must be followed. Trained and instructed contract personnel may be used 
to conduct inspection of railcar(s), but must meet the same criteria as 
personnel designated by the carrier to inspect railcar(s).]

    Note 4: Damage reporting is required for any serious accident or 
incident.
    Note 5: MTX is an expediting service provided by the Association 
of American Railroads (AAR) for military carload shipments. This 
automated service uses a central computer file electronically linked 
with member railroads and is capable of reporting on single line and 
joint-line movements. Passing or progress reports are controlled by 
an MTX number assigned by the Area Command.
    Note. 6: Interchange procedures between railroads, intermodal 
carriers, and with the government are vital to ensure continuity of 
security. Where needed, complete formal

[[Page 47897]]

Memorandum of Agreement between parties to ensure continuous 
protection is provided.
    Note 7: For performance of RG, it may be more advantageous in 
some circumstances to have a railroad police officer, railroad 
employees (trained) other than police, or instructed personnel 
(trained), which could be contract security firm personnel, ride in 
a separate motor vehicle paralleling the train, rather than on the 
train. The railroad has the opinion to decide which is more secure.
    Note 8: When carrier has identified areas, which are known 
trouble spots, shipments will be routed to avoid these areas or, if 
unavoidable, be expedited through these areas.

Item 180--MTMC Emergency Notification Numbers

    1. The following toll-free (800) MTMC Hotline telephone numbers are 
for commercial transportation notification only. These numbers are to 
be used for reporting:
    a. The holding of DOD shipments that cannot be delivered because 
the shipper or consignee cannot be adequately identified (astray 
freight).
    b. In-transit serious accidents, incidents, delays or other 
emergencies involving DOD shipments.
    2. Carriers located within the geographical jurisdiction of MTMC 
Easter Area Command shall telephone the following toll-free numbers to 
report:
    Accidents, Incidents, Delays, or Other Emergencies--(800) 524-0331.
    3. Carriers located within the geographical jurisdiction of MTMC 
Western Area Command shall telephone the following toll-free numbers to 
report:
    Accidents, Incidents, Delays, or Other Emergencies--(800) 435-4566.
Gregory D. Showalter,
Army Federal Register Liaison Officer.
[FR Doc. 96-23171 Filed 9-10-96; 8:45 am]
BILLING CODE 3710-08-M