Page:United States Statutes at Large Volume 121.djvu/492

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[121 STAT. 471]
PUBLIC LAW 110-000—MMMM. DD, 2007
[121 STAT. 471]

PUBLIC LAW 110–53—AUG. 3, 2007

121 STAT. 471

(f) REVIEW.—The Secretary of Transportation shall ensure that the final rule requires each railroad carrier transporting securitysensitive materials in commerce to annually review and select the practicable route posing the least overall safety and security risk in accordance with this section. The railroad carrier must retain in writing all route review and selection decision documentation and restrict the distribution, disclosure, and availability of information contained in the route analysis to appropriate persons. This documentation should include, but is not limited to, comparative analyses, charts, graphics, or railroad system maps. (g) RETROSPECTIVE ANALYSIS.—The Secretary of Transportation shall ensure that the final rule requires each railroad carrier transporting security-sensitive materials in commerce to, not less than once every 3 years, analyze the route selection determinations required under this section. Such an analysis shall include a comprehensive, systemwide review of all operational changes, infrastructure modifications, traffic adjustments, changes in the nature of high-consequence targets located along or in proximity to the route, or other changes affecting the safety and security of the movements of security-sensitive materials that were implemented since the previous analysis was completed. (h) CONSULTATION.—In carrying out subsection (c), railroad carriers transporting security-sensitive materials in commerce shall seek relevant information from State, local, and tribal officials, as appropriate, regarding security risks to high-consequence targets along or in proximity to a route used by a railroad carrier to transport security-sensitive materials. (i) DEFINITIONS.—In this section: (1) The term ‘‘route’’ includes storage facilities and trackage used by railroad cars in transportation in commerce. (2) The term ‘‘high-consequence target’’ means a property, natural resource, location, area, or other target designated by the Secretary that is a viable terrorist target of national significance, which may include a facility or specific critical infrastructure, the attack of which by railroad could result in— (A) catastrophic loss of life; (B) significant damage to national security or defense capabilities; or (C) national economic harm. SEC. 1552. RAILROAD SECURITY-SENSITIVE MATERIAL TRACKING.

6 USC 1202.

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(a) COMMUNICATIONS.— (1) IN GENERAL.—In conjunction with the research and development program established under section 1518 and consistent with the results of research relating to wireless and other tracking technologies, the Secretary, in consultation with the Administrator of the Transportation Security Administration, shall develop a program that will encourage the equipping of railroad cars transporting security-sensitive materials, as defined in section 1501, with technology that provides— (A) car position location and tracking capabilities; and (B) notification of railroad car depressurization, breach, unsafe temperature, or release of hazardous materials, as appropriate. (2) COORDINATION.—In developing the program required by paragraph (1), the Secretary shall—

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