While the federal Department of Homeland Security is proposing new regulations to enhance railway safety, it appears that the state of Maryland has missed the train.
“MTA has not seen this legislation and cannot talk about the impact of rail cars or passenger cars,” said Holly Henderson, a state public relations spokesman.
In a proposed rule from DHS and the Transportation Security Administration, there would be substantially stronger rules regarding the transportation, storage and access to freight yards where containers that house the chemicals might be stored. The rules would apply to all freight and passenger railroad carriers, certain facilities that ship or receive specific hazardous materials by rail and the rail transit system itself.
For DHS, this proposal is seen as a proactive step in the war against terrorism.
“A toxic emission from an attack against a chemical facility or hazardous chemicals in transit is among the most serious risks facing America?s highest threat areas,” Homeland Security Secretary Michael Chertoff said in a statement. “We?re going to take a significant percentage of that risk off the table.”
DHS and TSA want to “extend the protection afforded to sensitive information in rail transportation,” according to the proposal.
DHS said its biggest concern lies with large freight trains that haul chemicals through metropolitan areas. These chemicals are referred to as “Toxic Inhalation Hazards” and are regarded by DHS as a potential liability that could be exploited by terrorists. Measures proposed include going as far as creating tracking devices for each container that would allow DHS to track them and ensure their delivery to their appropriate destination.
“Although we have not had the opportunity to review the DHS proposed rules, the nation?s major railroads have a demonstrated commitment to security and believe that keeping hazardous materials secure will continue to require active involvement and close cooperation among all the players in the logistics chain,” Edward R. Hamberger, president and chief executive officer of the Association of American Railroads, in a statement.
Following a post in the Federal Register on Dec. 21, the public will have 60 days to comment on the proposals before DHS reviews and address the publics concerns.
After the comment period, DHS submits the rule for publication, when it becomes an official regulation.