DOT 49 CFR PART 1580-2010 RAIL TRANSPORTATION SECURITY.pdf

1、438 49 CFR Ch. XII (10110 Edition) 1572.501 1572.501 Fee collection. (a) When fee must be paid. When an applicant submits the information and fingerprints required under 49 CFR part 1572 to obtain or renew a TWIC, the fee must be remitted to TSA or its agent in accordance with the requirements of th

2、is section. Applications submitted in accordance with 49 CFR part 1572 will be processed only upon receipt of all re-quired fees under this section. (b) Standard TWIC Fee. The fee to ob-tain or renew a TWIC, except as pro-vided in paragraphs (c) and (d) of this section, is made up of the total of th

3、e following segments: (1) The Enrollment Segment covers the cost for TSA or its agent to enroll applicants. The Enrollment Segment fee is $43.25. (2) The Full Card Production/Secu-rity Threat Assessment Segment cov-ers the costs for TSA conduct security threat assessment and card production. The Ful

4、l Card Production/Security Threat Assessment Segment fee is $72. (3) The FBI Segment covers the cost for the FBI to process fingerprint iden-tification records. The FBI Segment fee is the amount collected by the FBI under Pub. L. 101515. If the FBI amends this fee, TSA or its agent will collect the

5、amended fee. (c) Reduced TWIC Fee. The fee to ob-tain a TWIC when the applicant has undergone a comparable threat assess-ment in connection with an HME, FAST card, other threat assessment deemed to be comparable under 49 CFR 1572.5(e) or holds a Merchant Mariner Document or Merchant Mariner Li-cense

6、 is made up of the total of the fol-lowing segments: (1) The Enrollment Segment covers the cost for TSA or its agent to enroll applicants. The Enrollment Segment fee is $43.25. (2) The Reduced Card Production/Se-curity Threat Assessment Segment covers the cost for TSA to conduct a portion of the sec

7、urity threat assess-ment and card production. The Re-duced Card Production/Security Threat Assessment Segment fee is $62. (d) Card Replacement Fee. The fee to replace a TWIC that has been lost, sto-len, or damaged is $60.00. (e) Form of fee. The TSA vendor will collect the fee required to obtain or

8、renew a TWIC and will determine the method of acceptable payment, subject to approval by TSA. (f) Refunds. TSA will not issue any refunds of fees required under this sec-tion. (g) Inflation adjustment. The fees pre-scribed in this section, except the FBI fee, may be adjusted annually on or after Oct

9、ober 1, 2007, by publication of an inflation adjustment. A final rule in the FEDERAL REGISTER will announce the inflation adjustment. The adjust-ment shall be a composite of the Fed-eral civilian pay raise assumption and non-pay inflation factor for that fiscal year issued by the Office of Manage-me

10、nt and Budget for agency use in im-plementing OMB Circular A76, weight-ed by the pay and non-pay proportions of total funding for that fiscal year. If Congress enacts a different Federal ci-vilian pay raise percentage than the percentage issued by OMB for Circular A76, the Department of Homeland Se-

11、curity may adjust the fees to reflect the enacted level. The required fee shall be the amount prescribed in para-graphs (a)(1)(i) and (a)(1)(ii), plus the latest inflation adjustment. 72 FR 3595, Jan. 25, 2007, as amended at 72 FR 55049, Sept. 28, 2007 PART 1580RAIL TRANSPORTATION SECURITY Subpart A

12、General Sec. 1580.1 Scope. 1580.3 Terms used in this part. 1580.5 Inspection authority. Subpart BFreight Rail Including Freight Railroad Carriers, Rail Hazardous Ma-terials Shippers, Rail Hazardous Mate-rials Receivers, and Private Cars 1580.100 Applicability. 1580.101 Rail security coordinator. 158

13、0.103 Location and shipping information for certain rail cars. 1580.105 Reporting significant security con-cerns. 1580.107 Chain of custody and control re-quirements. 1580.109 Preemptive effect. VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00448 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 2202

14、20erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-439 Transportation Security Administration, DHS 1580.3 1580.111 Harmonization of federal regulation of nuclear facilities. Subpart CPassenger Rail Including Pas-senger

15、Railroad Carriers, Rail Transit Systems, Tourist, Scenic, Historic and Excursion Operators, and Private Cars 1580.200 Applicability. 1580.201 Rail security coordinator. 1580.203 Reporting significant security con-cerns. APPENDIX A TO PART 1580HIGH THREAT URBAN AREAS (HTUAS). APPENDIX B TO PART 1580S

16、UMMARY OF THE APPLICABILITY OF PART 1580 AUTHORITY: 49 U.S.C. 114. SOURCE: 73 FR 72173, Nov. 26, 2008, unless otherwise noted. Subpart AGeneral 1580.1 Scope. (a) Except as provided in paragraph (b) of this section, this part includes requirements for the following persons. Appendix B of this part su

17、mmarizes the general requirements for each person, and the specific sections in this part provide detailed requirements. (1) Each freight railroad carrier that operates rolling equipment on track that is part of the general railroad sys-tem of transportation; (2) Each rail hazardous materials shippe

18、r that offers, prepares, or loads for transportation in commerce by rail one or more of the categories and quan-tities of rail security-sensitive mate-rials set forth in 1580.100(b) of this part; (3) Each rail hazardous materials re-ceiver, located within a High Threat Urban Area (HTUA) that receive

19、s in commerce by rail or unloads one or more of the categories and quantities of rail security-sensitive materials set forth in 1580.100(b) of this part; (4) Each passenger railroad carrier, including each carrier operating light rail or heavy rail transit service on track that is part of the genera

20、l rail-road system of transportation, each carrier operating or providing intercity passenger train service or commuter or other short-haul railroad passenger service in a metropolitan or suburban area (as described by 49 U.S.C. 20102), and each public authority operating passenger train service; (5

21、) Each passenger or freight railroad carrier hosting an operation described in paragraph (a)(4) of this section; (6) Each tourist, scenic, historic, and excursion rail operator, whether oper-ating on or off the general railroad sys-tem of transportation; (7) Each operator of private cars, in-cluding

22、 business/office cars and circus trains, on or connected to the general railroad system of transportation; and (8) Each operator of a rail transit system that is not operating on track that is part of the general railroad sys-tem of transportation, including heavy rail transit, light rail transit, a

23、uto-mated guideway, cable car, inclined plane, funicular, and monorail systems. (b) This part does not apply to a freight railroad carrier that operates rolling equipment only on track inside an installation that is not part of the general railroad system of transpor-tation. 1580.3 Terms used in thi

24、s part. For purposes of this part: Commuter passenger train service means train, commuter as defined in 49 CFR 238.5, and includes a railroad operation that ordinarily uses diesel or electric powered locomotives and rail-road passenger cars to serve an urban area, its suburbs, and more distant out-l

25、ying communities in the greater met-ropolitan area. A commuter operation is part of the general railroad system of transportation regardless of whether it is physically connected to other rail-roads. General railroad system of transpor-tation means the network of standard gage track over which goods

26、 may be transported throughout the Nation and passengers may travel between cities and within metropolitan and suburban areas. See 49 CFR part 209, Appendix A. Hazardous material means hazardous material as defined in 49 CFR 171.8. Heavy rail transit means service pro-vided by self-propelled electri

27、c railcars, typically drawing power from a third rail, operating in separate rights-of- way in multiple cars; also referred to as subways, metros, or regional rail. High Threat Urban Area (HTUA) means an area comprising one or more cities and surrounding areas including VerDate Mar2010 08:56 Nov 10,

28、 2010 Jkt 220220 PO 00000 Frm 00449 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-440 49 CFR Ch. XII (10110 Edition) 1580.3 a 10-mile buffer zone, as listed in ap-pendix A to

29、 this part. Improvised explosive device means a de-vice fabricated in an improvised man-ner that incorporates explosives or de-structive, lethal, noxious, pyrotechnic, or incendiary chemicals in its design, and generally includes a power supply, a switch or timer, and a detonator or initiator. Inter

30、city passenger train service means both train, long-distance intercity passenger and train, short-distance intercity passenger as defined in 49 CFR 238.5. Light rail transit means service pro-vided by self-propelled electric railcars, typically drawing power from an over-head wire, operating in eith

31、er exclusive or non-exclusive rights-of-way in single or multiple cars and with shorter dis-tance trips and frequent stops; also re-ferred to as streetcars, trolleys, and trams. Offers or offeror means: (1) Any person who does either or both of the following: (i) Performs, or is responsible for per-

32、forming, any pre-transportation func-tion for transportation of the haz-ardous material in commerce. (ii) Tenders or makes the hazardous material available to a carrier for transportation in commerce. (2) A carrier is not an offeror when it performs a function required as a con-dition of acceptance

33、of a hazardous ma-terial for transportation in commerce (such as reviewing shipping papers, ex-amining packages to ensure that they are in conformance with the HMR, or preparing shipping documentation for its own use) or when it transfers a haz-ardous material to another carrier for continued transp

34、ortation in commerce without performing a pre-transpor-tation function. See 49 CFR 171.8. Passenger car means rail rolling equipment intended to provide trans-portation for members of the general public and includes a self-propelled car designed to carry passengers, baggage, mail, or express. This t

35、erm includes a passenger coach, cab car, and a Mul-tiple Unit (MU) locomotive. In the con-text of articulated equipment, pas-senger car means that segment of the rail rolling equipment located between two trucks. This term does not include a private car. See 49 CFR 238.5. Passenger train means a tra

36、in that transports or is available to transport members of the general public. See 49 CFR 238.5. Private car means rail rolling equip-ment that is used only for excursion, recreational, or private transportation purposes. A private car is not a pas-senger car. See 49 CFR 238.5. Rail facility means a

37、 location at which rail cargo or infrastructure as-sets are stored, cargo is transferred be-tween conveyances and/or modes of transportation, where transportation command and control operations are performed, or maintenance operations are performed. The term also includes, but is not limited to, pas

38、senger sta-tions and terminals, rail yards, crew management centers, dispatching cen-ters, transportation terminals and sta-tions, fueling centers, and tele-communication centers. Rail hazardous materials receiver means any operator of a fixed-site fa-cility that has a physical connection to the gen

39、eral railroad system of trans-portation and receives or unloads from transportation in commerce by rail one or more of the categories and quan-tities of rail security-sensitive mate-rials set forth in 1580.100(b) of this part, but does not include the operator of a facility owned or operated by a de

40、-partment, agency, or instrumentality of the Federal government. Rail hazardous materials shipper means the operator of any fixed-site fa-cility that has a physical connection to the general railroad system of trans-portation and offers, prepares, or loads for transportation by rail one or more of t

41、he categories and quantities of rail security-sensitive materials set forth in 1580.100(b) of this part, but does not include the operator of a facility owned or operated by a department, agency, or instrumentality of the Federal gov-ernment. Rail secure area means a secure loca-tion(s) identified b

42、y a rail hazardous materials shipper or rail hazardous ma-terials receiver where security-related pre-transportation or transportation functions are performed or rail cars VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00450 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PR

43、OD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-441 Transportation Security Administration, DHS 1580.5 containing the categories and quan-tities of rail security-sensitive mate-rials are prepared, loaded, stored, and/ or unloaded. Rail sec

44、urity-sensitive material means one or more of the categories and quan-tities of hazardous materials set forth in 1580.100(b) of this part. Rail transit facility means rail transit stations, terminals, and locations at which rail transit infrastructure assets are stored, command and control oper-atio

45、ns are performed, or maintenance is performed. The term also includes rail yards, crew management centers, dispatching centers, transportation terminals and stations, fueling centers, and telecommunication centers. Rail transit system or Rail Fixed Guideway System means any light, heavy, or rapid ra

46、il system, monorail, inclined plane, funicular, cable car, trolley, or automated guideway that traditionally does not operate on track that is part of the general railroad sys-tem of transportation. Railroad means any form of non-highway ground transportation that runs on rails or electromagnetic gu

47、ide-ways, including: Commuter or other short-haul railroad passenger service in a metropolitan or suburban area and commuter railroad service that was op-erated by the Consolidated Rail Cor-poration on January 1, 1979; and high speed ground transportation systems that connect metropolitan areas, wit

48、h-out regard to whether those systems use new technologies not associated with traditional railroads; but does not include rapid transit operations in an urban area that are not connected to the general railroad system of trans-portation. The term includes rail tran-sit service operating on track th

49、at is part of the general railroad system of transportation but does not include rapid transit operations in an urban area that are not connected to the gen-eral railroad system of transportation. See 49 U.S.C. 20102(1). Railroad carrier means a person pro-viding railroad transportation. See 49 U.S.C. 20102(2). Residue means the hazardous mate-rial remaining in a packaging, includ-ing a tank car, after its contents have been unloaded to the max