---
kind: "section"
citation: "6 U.S.C. § 1201"
title: "6"
title_heading: "Domestic Security"
number: "1201"
heading: "Railroad routing of security-sensitive materials"
release: "119-102"
url: "https://uscodex.org/usc/6/1201"
units:
  - "Chapter 4 — Transportation Security"
  - "Subchapter IV — Surface Transportation Security"
  - "Part D — Hazardous Material and Pipeline Security"
---

# §1201. Railroad routing of security-sensitive materials

- (a) **In general—** Not later than 9 months after August 3, 2007, the [Secretary](/usc/6/1151.md?p=2) of [Transportation](/usc/6/1151.md?p=11), in consultation with the [Secretary](/usc/6/1151.md?p=2), shall publish a final rule based on the Pipeline and Hazardous Materials Safety Administration’s Notice of Proposed Rulemaking published on December 21, 2006, entitled “Hazardous Materials: Enhancing [Railroad](/usc/6/1151.md?p=7) [Transportation](/usc/6/1151.md?p=11) Safety and Security for Hazardous Materials Shipments”. The final rule shall incorporate the requirements of this section and, as appropriate, public comments received during the comment period of the rulemaking.
- (b) **Security-sensitive materials commodity data—** The [Secretary](/usc/6/1151.md?p=2) of [Transportation](/usc/6/1151.md?p=11) shall ensure that the final rule requires each [railroad carrier](/usc/6/1151.md?p=8) transporting [security-sensitive materials](/usc/6/1151.md?p=13) in commerce to, no later than 90 days after the end of each calendar year, compile [security-sensitive materials](/usc/6/1151.md?p=13) commodity data. Such data must be collected by [route](#i-1), line segment, or series of line segments, as aggregated by the [railroad carrier](/usc/6/1151.md?p=8). Within the [railroad carrier](/usc/6/1151.md?p=8) selected [route](#i-1), the commodity data must identify the geographic location of the [route](#i-1) and the total number of shipments by the United Nations identification number for the [security-sensitive materials](/usc/6/1151.md?p=13).
- (c) **Railroad transportation route analysis for security-sensitive materials—** The [Secretary](/usc/6/1151.md?p=2) of [Transportation](/usc/6/1151.md?p=11) shall ensure that the final rule requires each [railroad carrier](/usc/6/1151.md?p=8) transporting [security-sensitive materials](/usc/6/1151.md?p=13) in commerce to, for each calendar year, provide a written analysis of the safety and security risks for the [transportation](/usc/6/1151.md?p=11) [routes](#i-1) identified in the [security-sensitive materials](/usc/6/1151.md?p=13) commodity data collected as required by [subsection (b)](#b). The safety and security risks present shall be analyzed for the [route](#i-1), [railroad](/usc/6/1151.md?p=7) facilities, [railroad](/usc/6/1151.md?p=7) storage facilities, and [high-consequence targets](#i-2) along or in proximity to the [route](#i-1).
- (d) **Alternative route analysis for security-sensitive materials—** The [Secretary](/usc/6/1151.md?p=2) of [Transportation](/usc/6/1151.md?p=11) shall ensure that the final rule requires each [railroad carrier](/usc/6/1151.md?p=8) transporting [security-sensitive materials](/usc/6/1151.md?p=13) in commerce to—
  - (1) for each calendar year—
    - (A) identify practicable alternative [routes](#i-1) over which the [railroad carrier](/usc/6/1151.md?p=8) has authority to operate as compared to the current [route](#i-1) for such a shipment analyzed under [subsection (c)](#c); and
    - (B) perform a safety and security risk assessment of the alternative [route](#i-1) for comparison to the [route](#i-1) analysis specified in [subsection (c)](#c);
  - (2) ensure that the analysis under [paragraph (1)](#d-1) includes—
    - (A) identification of safety and security risks for an alternative [route](#i-1);
    - (B) comparison of those risks identified under [subparagraph (A)](#d-2-A) to the primary [railroad](/usc/6/1151.md?p=7) [transportation](/usc/6/1151.md?p=11) [route](#i-1), including the risk of a catastrophic release from a shipment traveling along the alternate [route](#i-1) compared to the primary [route](#i-1);
    - (C) any remediation or mitigation measures implemented on the primary or alternative [route](#i-1); and
    - (D) potential economic effects of using an alternative [route](#i-1); and
  - (3) consider when determining the practicable alternative [routes](#i-1) under [paragraph (1)(A)](#d-1-A) the use of interchange agreements with other [railroad carriers](/usc/6/1151.md?p=8).
- (e) **Alternative route selection for security-sensitive materials—** The [Secretary](/usc/6/1151.md?p=2) of [Transportation](/usc/6/1151.md?p=11) shall ensure that the final rule requires each [railroad carrier](/usc/6/1151.md?p=8) transporting [security-sensitive materials](/usc/6/1151.md?p=13) in commerce to use the analysis required by subsections [(c)](#c) and [(d)](#d) to select the safest and most secure [route](#i-1) to be used in transporting [security-sensitive materials](/usc/6/1151.md?p=13).
- (f) **Review—** The [Secretary](/usc/6/1151.md?p=2) of [Transportation](/usc/6/1151.md?p=11) shall ensure that the final rule requires each [railroad carrier](/usc/6/1151.md?p=8) transporting [security-sensitive materials](/usc/6/1151.md?p=13) in commerce to annually review and select the practicable [route](#i-1) posing the least overall safety and security risk in accordance with this section. The [railroad carrier](/usc/6/1151.md?p=8) must retain in writing all [route](#i-1) review and selection decision documentation and restrict the distribution, disclosure, and availability of information contained in the [route](#i-1) analysis to appropriate persons. This documentation should include, but is not limited to, comparative analyses, charts, graphics, or [railroad](/usc/6/1151.md?p=7) system maps.
- (g) **Retrospective analysis—** The [Secretary](/usc/6/1151.md?p=2) of [Transportation](/usc/6/1151.md?p=11) shall ensure that the final rule requires each [railroad carrier](/usc/6/1151.md?p=8) transporting [security-sensitive materials](/usc/6/1151.md?p=13) in commerce to, not less than once every 3 years, analyze the [route](#i-1) 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](#i-2) located along or in proximity to the [route](#i-1), or other changes affecting the safety and security of the movements of [security-sensitive materials](/usc/6/1151.md?p=13) that were implemented since the previous analysis was completed.
- (h) **Consultation—** In carrying out [subsection (c)](#c), [railroad carriers](/usc/6/1151.md?p=8) transporting [security-sensitive materials](/usc/6/1151.md?p=13) in commerce shall seek relevant information from [State](/usc/6/1151.md?p=9), local, and tribal officials, as appropriate, regarding security risks to [high-consequence targets](#i-2) along or in proximity to a [route](#i-1) used by a [railroad carrier](/usc/6/1151.md?p=8) to transport [security-sensitive materials](/usc/6/1151.md?p=13).
- (i) **Definitions—** In this section:
  - (1) The term “route” includes storage facilities and trackage used by [railroad](/usc/6/1151.md?p=7) cars in [transportation](/usc/6/1151.md?p=11) in commerce.
  - (2) The term “high-consequence target” means a property, natural resource, location, area, or other target designated by the [Secretary](/usc/6/1151.md?p=2) that is a viable terrorist target of national significance, which may include a facility or specific critical infrastructure, the attack of which by [railroad](/usc/6/1151.md?p=7) could result in—
    - (A) catastrophic loss of life;
    - (B) significant damage to national security or defense capabilities; or
    - (C) national economic harm.

## Source credit

(Pub. L. 110–53, title XV, § 1551, Aug. 3, 2007, 121 Stat. 469.)