[Federal Register Volume 63, Number 246 (Wednesday, December 23, 1998)]
[Notices]
[Pages 71106-71108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33997]



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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: Final notice (Rail Security Policy Change).

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SUMMARY: The Military Traffic Management Command is changing rail 
security policy in the Military Traffic Management Command Freight 
Traffic Rules Publication No. 10 (MFTRP No. 10). The addition of Item 
110 combines two existing transportation protective services, Tank 
Surveillance Service and Rail Surveillance Service, into a new service, 
i.e., Rail Inspection Service, which clarifies where and under what 
circumstances Arms, Ammunition and Explosives; Tanks; Wheeled Vehicles; 
and other Sensitive items are protected while being shipped by rail. 
The addition of Item 115 establishes and defines a tracking service 
mandatory for all rail movement.

EFFECTIVE DATE: April 1, 1999.

ADDRESSES: 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:

Background

    The Military Traffic Management Command undertook an initiative to 
enhance rail security in 1994 in an effort to reduce loss and theft of 
military shipments. Over the past several years, MTMC has held three 
meetings involving shippers and carriers, briefed the proposal at two 
Government Rail Committee Meetings, attended special Association of 
American Railroads-sponsored videoteleconferences, and participated in 
three on-the-ground meetings with major railroads to discuss MTMC's 
draft publication. A number of issues have been raised and successfully 
resolved to enhance the viability of the publication. The notice of 
proposed changes was published for public comment in the Federal 
Register Vol 61, No. 177, pages 47894-47897, September 11, 1996. No 
comments were received. The Military Traffic Management Command Freight 
Traffic Rules Publication No. 10 (MFTRP No. 10) is changed to read as 
follows.

Item 85--Application

    1. The Transportation Protective Services (TPS) set forth in this 
section applies to rail carriers offering to transport 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 a TPS service is required on shipments moving TOFC/COFC 
service, rail carriers will ensure 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 MTMC Freight Traffic Rules 
Publication No. 1A (MFTRP No. 1A). Only MTMC approved munitions motor 
carriers may be used to transport shipments over the highway.
    3. 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.
    4. Inspectors will be a railroad police officer, railroad employee 
(trained) other than police, or instructed personnel (trained), which 
could include contract security firms designated by the carrier to 
inspect the rail car(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 rail 
car(s), is aware of the sensitivity of material moving under RI, and is 
knowledgeable of safety, security and emergency procedures that must be 
followed. Trained and instructed contract personnel may be used to 
conduct inspections of rail car(s) but must meet the same criteria as 
personnel designated by the carrier to inspect rail car(s).]
    5. 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.
    6. Shippers are not required to but should take into consideration 
the following damage and loss prevention measures to ensure the 
protection of Department of Defense Cargo:
    a. Damage prevention measures of military vehicles are as follows:
    (1) Face wheeled-vehicles rearward on the train, roll down side 
windows, and lower windshields that can be lowered.
    (2) Turn side mirrors inward.
    (3) Protect open glass with plywood, cardboard, or a double layer 
of bubble wrap (prioritized by level of protection afforded, cost 
versus benefit must be evaluated).
    (4) Properly document all vehicle damage at origin and destination.
    b. Loss prevention measures for sensitive items in containers are 
as follows:
    (1) Place containers, including CONEXs, door-to-door to block 
access.
    (2) Order flatcars that will accommodate door-to-door placement of 
MILVANs.
    (3) Seek assistance from MTMC commands on technical characteristics 
of flatcars.
    (4) Store sensitive items, including Night Vision Device's (NVD's), 
in approved containers only. (Note: NVD's must be provided double 
barrier protection, i.e., in a locked shipping container inside a 
locked rail car, trailer, dromedary, CONEX, or MILVAN.)
    (5) An NVD storage case does not equate to one of the double 
barriers.
    (6) Never place the sensitive item packing list on the outside of 
the containers, trailers, or rail cars.
    (7) Contact your local provost marshal/law enforcement officials 
during loading and/or shipping to ensure proper protection for 
sensitive items.

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

    1. Definition. Rail Armed Guard Surveillance Service (RG). RG is a 
TPS 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. Annotation. RG will only be furnished upon request of the 
shipper by annotation in blocks 15 & 31 on the bill of lading as 
follows: ``Rail Armed Guard Surveillance Service (RG) Requested''
    3. Requirement. Carriers providing RG must:
    a. Perform all functions of Rail Inspection Service (RI) as 
specified in Item 110.
    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 and documented using the format set forth in the 
NOTE at the end of this Item.
    c. Ensure guards will be augmented as required to maintain 
continuous observation on rail car(s) transporting shipment(s).

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    d. Ensure guards do not leave shipment until properly relieved by 
another guard or consignee at destination.
    e. Inspect the refrigeration/heating units of environmentally 
controlled cars, trailers or containers 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 for 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 show in NOTE of this Item. The cost of telephone 
calls to other than toll free numbers will not be borne by the 
Government.
    f. 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 include contract 
security firm personnel, ride in a separate motor vehicle paralleling 
the train, rather than on the train. The railroad has the option to 
decide which is more secure.
    4. Notification. If suspicion of tampering or sabotage exists at 
any point during movement of the shipment, the railroad special agents 
office will immediately notify either the consignee, HQMTMC at (703) 
681-6125, or one of the 24-hour MTMC 800-Hotline 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.
    5. 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 per car 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:---------------------------------------

2. City or place of inspection:----------------------------------------

3. Local arrival time at checkpoint:-----------------------------------

4. Local time inspection was performed:--------------------------------

5. Interior temperature of the equipment:------------------------------

6. Approximate outside temperature:------------------------------------

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

8. Replaced by seal number:--------------------------------------------

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

10. Arrangement made for repair:---------------------------------------

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

12. Estimated or actual time or departure from checkpoint:-------------

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

Item 100--Rail Surveillance Service (RS)

    Deleted.

Item 105--Tank Surveillance Service (TS)

    Deleted.

Item 110--Rail Inspection Service (RI)

    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 shipments. GS automatically includes Military 
Traffic Expediting Service (MX) (See Item 115). RI service incorporates 
the inspection and/or surveillance requirements of each of the services 
RI replaced. 1. Definition. Rail Inspection Service (RI) is performed 
by rail carriers for intransit protection of sensitive and pilferable 
items; RI automatically includes MX (See Item 115). 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 explosive (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. Annotation. RI will only be furnished upon request of the 
shipper by annotation in blocks 15 & 31 on the bill of lading as 
follows:
    ``Rail Inspection Service (RI) Requested.''
    3. Requirements. Carriers providing RI must:
    a. For all Shipments under RI:
    (1) Automatically includes Military Traffic Expediting Service (MX) 
(See Item 115).
    (2) 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 include 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. 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.
    (3) Inspections will be required at terminals on arrival and 
departure and at all interchange points between railroads.
    (4) Documentation of inspections made by railroad police officer, 
railroad employees (trained) other than police, or instructed personnel 
(trained), which could include contract security firms, will be 
available for review within 24 hours of inspection completion.
    (5) While intransit and not in a working terminal, railroad police 
officer, railroad employees (trained) other than police, or instructed 
personnel (trained), which could include contract security firms 
designated by the carrier, will inspect the rail car(s) containing the 
shipment every hour when a delay is more than 90 minutes.
    (6) Assure complete interchange security procedures are in effect 
and recorded when transferring the shipment to another railroad, or 
intermodal carrier, or with the government. Interchange procedures 
between railroads, intermodal carriers, and with the government are 
vital to ensure continuity of security. Where needed, a formal 
Memorandum of Agreement will exist between parties to ensure continuous 
protection.
    (7) 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 include contract security firms designated by 
carrier.
    (8) Notify the consignee in a timely manner of arrival at 
destination and continue inspections until physical hand-off has 
occurred.
    (9) Documentation of all inspections will include the following 
information, as applicable.
    (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.

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    (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 Devices (NVD) the carrier is responsible for:
    (1) Inspecting container seals/locks. If found broken, reseal with 
same or equivalent device. Report broken seals/locks or other security 
problems with containers to one of the 24-hour MTMC 800-Hotline numbers 
listed in Item 180.
    (2) Ensuring containers are positioned door-to-door or otherwise 
placed with door inaccessible.
    (3) If an odd number of containers/MIL VANs, 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/MIL VAN.
    c. For M1 Abrams Tanks the carrier is responsible for:
    (1) Inspections that call for external observation and inspection 
by railroad police officer, railroad employees (trained) other than 
police, or instructed personnel (trained), which could include 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 3a 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 are not damaged and secured with transloc 
bolts.
    (c) Inspect vehicle openings (driver's 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) Railroad police officer, railroad employees (trained) other 
than police, or instructed personnel (trained), which could include 
contract security firms, will concentrate their physical inspection in 
those areas depicted in the diagram for the M1 Abrams Tank which is 
found in the Security Classification Guide for M1 Abrams Tank.
    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 tracked vehicles 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 include contract security firms of each rail car 
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 tanks and 
other tracked vehicles should be in separate, approved containers. The 
shipper is responsible for securing the vehicle's opening and all 
containers. The seals/locks devices will be inspected by railroad 
police officer, railroad employees (trained) other than police, or 
instructed personnel (trained), which could include contract security 
firms, to ensure that they are adequately secured.
    4. Reporting Procedures.
    a. The shipper must report shipment information to the Deployment 
Support Command (DSC) in advance of movement and must include the GS or 
RI code on GBL.
    b. In the event of any serious accident or incident, suspected or 
actual tampering and if the carriers believes a threat exists, the 
carrier will immediately notify either the consignee, HQMTMC at (703) 
681-6125, or one of the 24-hour MTMC 800-Hotline 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. 
Damage reporting of serious accidents or incidents will be reported 
within two hours following occurrence.
    c. If evidence of forced entry or tampering with seals has 
occurred, the carriers will immediately notify the consignee and MTMC 
800-Hotline numbers (See Item 180.
    5. Charges. In addition to all rates and charges for 
transportation, shipments 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 (See Item 75), subject to a minimum charge of 
RI(2) $________ per car, or in lieu thereof a flat charge of RI(3) 
$________ per car. In Section F(1) of the tender, carriers will 
complete either RI(1) and RI(3) but not more than one. Charges will be 
all-inclusive and apply from origin to final destination.

Item 115--Military Traffic Expediting Service (MX)

    1. Military Traffic Expediting Service (MX) is an automated 
tracking service provided by the carrier for military carload shipments 
of unclassified cargo, which do not require seals or terminal 
inspections. This service uses a central computer linked with member 
railroads to track carload shipments and is capable of reporting on 
single line and joint-line movements.
    2. MX service will automatically be provided by the carrier without 
cost. However, before the service can be initiated, it is the 
responsibility of the shipper to promptly communicate the shipment 
information to the Deployment Support Command routing office. This 
information is to include: origin, stop-offs (if applicable), final 
destination, commodity, date of shipment, date shipment is due at 
destination, route order number, routing with junction points, GBL 
number, and rail car initials (i.e., DODX 40000).
Francis A Galluzzo,
Assistant Deputy Chief of Staff For Transportation Services.
[FR Doc. 98-33997 Filed 12-22-98; 8:45 am]
BILLING CODE 3710-08-M