[Federal Register Volume 74, Number 96 (Wednesday, May 20, 2009)]
[Rules and Regulations]
[Pages 23656-23657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11736]


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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

49 CFR Part 1580

[Docket No. TSA-2006-26514; Amendment Nos. 1520-7, 1580-2]
RIN 1652-AA51


Rail Transportation Security

AGENCY: Transportation Security Administration (TSA), DHS.

ACTION: Final rule; correcting amendments.

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SUMMARY: This action contains minor technical corrections to the Rail 
Transportation Security final rule, which was published on November 26, 
2008. That document incorrectly referenced certain paragraphs in 
various sections of 49 CFR part 1580 and included an incorrect 
telephone number for reporting significant security concerns to TSA. 
This document corrects the final regulations by revising these 
paragraph citations and providing the appropriate telephone number.

DATES: This correction is effective on May 20, 2009.

FOR FURTHER INFORMATION CONTACT: David H. Kasminoff, Office of Chief 
Counsel, TSA-2, Transportation Security Administration, 601 South 12th 
Street, Arlington, VA 20598-6002; telephone (571) 227-3583; facsimile 
(571) 227-1378; e-mail [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On November 26, 2008 (73 FR 72131), TSA issued a final rule to 
enhance the security of our Nation's rail transportation system. This 
rule established security requirements for freight railroad carriers; 
intercity, commuter, and short-haul passenger train service providers; 
rail transit systems; and rail operations at certain, fixed-site 
facilities that ship or receive specified hazardous materials by rail. 
As published, the regulatory text in the final rule contains several 
incorrect references to other provisions in the rule. First, the rule 
as published, in stating that Sec. Sec.  1580.100, 1580.101, and 
1580.105 apply to a freight railroad carrier hosting a passenger 
operation described in Sec.  1580.1, incorrectly cites to nonexistent 
paragraph (d) in Sec.  1580.1, instead of paragraph (a)(4). Second, 
Sec.  1580.103(g), which requires each person described in paragraph 
(a) of that section to provide a telephone number for TSA to use to 
request location and shipping information, incorrectly refers to 
information required in paragraph (a)(4) of Sec.  1580.103 instead of 
paragraph (c). Third, Sec.  1580.103(g)(2), in stating that a covered 
person may not provide a telephone number that requires a call back 
(such as an answering service, answering machine, or beeper device) to 
meet the requirements of Sec.  1580.103, incorrectly refers to 
paragraph (f) of that section instead of paragraph (g). Fourth, Sec.  
1580.107(a), in referencing the paragraph that contains an exception to 
the requirements imposed upon a rail hazardous materials shipper 
transferring to a rail car containing rail security-sensitive materials 
to a railroad carrier, incorrectly refers to paragraph (e) of Sec.  
1580.107 instead of paragraph (g). This final rule correction replaces 
the incorrect citations with the correct ones.
    Finally, the telephone numbers provided in Sec. Sec.  1580.105(b) 
and 1580.203(b) of the final rule for reporting significant security 
concerns to DHS have been changed. The new telephone number at the TSA 
Freedom Center designated to receive reports of significant security 
concerns is 1-866-615-5150. This final rule correction inserts the 
correct telephone number in the rule text.

List of Subjects in 49 CFR Part 1580

    Hazardous materials transportation, Mass transportation, Rail 
hazardous materials receivers, Rail hazardous materials shippers, Rail 
transit systems, Railroad carriers, Railroad safety, Railroads, 
Reporting and recordkeeping requirements, Security measures.

II. Corrections to the Rule

0
Accordingly, 49 CFR part 1580 is corrected by making the following 
correcting amendments:

PART 1580--RAIL TRANSPORTATION SECURITY

0
1. The authority citation for part 1580 continues to read as follows:

    Authority:  49 U.S.C. 114.


0
2. In Sec.  1580.100, paragraph (a)(4) is correctly revised to read as 
follows:


Sec.  1580.100  Applicability.

    (a) * * *
    (4) Each freight railroad carrier hosting a passenger operation 
described in Sec.  1580.1(a)(4) of this part.
* * * * *


0
3. In Sec.  1580.101, paragraph (a)(4) is correctly revised to read as 
follows:


Sec.  1580.101  Rail security coordinator.

    (a) * * *

[[Page 23657]]

    (4) Each freight railroad carrier hosting the passenger operations 
described in Sec.  1580.1(a)(4) of this part.
* * * * *


0
4. In Sec.  1580.103, paragraphs (g) introductory text and (g)(2) are 
correctly revised to read as follows:


Sec.  1580.103  Location and shipping information for certain rail 
cars.

* * * * *
    (g) Telephone number. Each person described in paragraph (a) of 
this section must provide a telephone number for use by TSA to request 
the information required in paragraph (c) of this section.
* * * * *
    (2) A telephone number that requires a call back (such as an 
answering service, answering machine, or beeper device) does not meet 
the requirements of this paragraph.
* * * * *


0
5. In Sec.  1580.105, paragraphs (a)(4) and (b) are correctly revised 
to read as follows:


Sec.  1580.105  Reporting significant security concerns.

    (a) * * *
    (4) Each freight railroad carrier hosting a passenger operation 
described in Sec.  1580.1(a)(4) of this part.
* * * * *
    (b) Each person described in paragraph (a) of this section must 
immediately report potential threats and significant security concerns 
to DHS by telephoning the Freedom Center at 1-866-615-5150.
* * * * *


0
6. In Sec.  1580.107, paragraph (a) introductory text is correctly 
revised to read as follows:


Sec.  1580.107  Chain of custody and control requirements.

    (a) Within or outside of an HTUA, rail hazardous materials shipper 
transferring to carrier. Except as provided in paragraph (g) of this 
section, at each location within or outside of an HTUA, a rail 
hazardous materials shipper transferring custody of a rail car 
containing one or more of the categories and quantities of rail 
security-sensitive materials to a freight railroad carrier must:
* * * * *


0
7. In Sec.  1580.103, paragraph (b) is correctly revised to read as 
follows:


Sec.  1580.203  Reporting significant security concerns.

* * * * *
    (b) Each person described in paragraph (a) of this section must 
immediately report potential threats and significant security concerns 
to DHS by telephoning the Freedom Center at 1-866-615-5150.
* * * * *

    Issued in Arlington, Virginia, on May 13, 2009.
Gale D. Rossides,
Acting Administrator.
[FR Doc. E9-11736 Filed 5-19-09; 8:45 am]
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