Military Traffic Management Command; Security Rules and Accessorial Service Governing the Movement of Department of Defense Freight Traffic by Rail Carrier

DEPARTMENT OF DEFENSE

Department of the Army

Military Traffic Management Command; Security Rules and

Accessorial Service Governing the Movement of Department of Defense

Freight Traffic by Rail Carrier

AGENCY: Military Traffic Management Command (MTMC), DOD.

ACTION: Final notice (Rail Security Policy Change).

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SUMMARY: The Military Traffic Management Command is changing rail

security policy in the Military Traffic Management Command Freight

Traffic Rules Publication No. 10 (MFTRP No. 10). The addition of Item

110 combines two existing transportation protective services, Tank

Surveillance Service and Rail Surveillance Service, into a new service,

i.e., Rail Inspection Service, which clarifies where and under what

circumstances Arms, Ammunition and Explosives; Tanks; Wheeled Vehicles;

and other Sensitive items are protected while being shipped by rail.

The addition of Item 115 establishes and defines a tracking service

mandatory for all rail movement.

EFFECTIVE DATE: April 1, 1999.

ADDRESSES: Headquarters, Military Traffic Management Command, ATTN:

MTOP-T, 5611 Columbia Pike, Falls Church, VA 22041-5050.

FOR FURTHER INFORMATION CONTACT:

Mr. Mark Gerade, e-mail [email protected] or Mr. Robert

Jones, [email protected], Headquarters, Military Traffic

Management Command, ATTN: MTOP-OP, 5611 Columbia Pike, Falls Church, VA

22041-5050, telephone (703) 681-6109/6089.

SUPPLEMENTARY INFORMATION:

Background

The Military Traffic Management Command undertook an initiative to

enhance rail security in 1994 in an effort to reduce loss and theft of

military shipments. Over the past several years, MTMC has held three

meetings involving shippers and carriers, briefed the proposal at two

Government Rail Committee Meetings, attended special Association of

American Railroads-sponsored videoteleconferences, and participated in

three on-the-ground meetings with major railroads to discuss MTMC's

draft publication. A number of issues have been raised and successfully

resolved to enhance the viability of the publication. The notice of

proposed changes was published for public comment in the Federal

Register Vol 61, No. 177, pages 47894-47897, September 11, 1996. No

comments were received. The Military Traffic Management Command Freight

Traffic Rules Publication No. 10 (MFTRP No. 10) is changed to read as

follows.

Item 85--Application

1. The Transportation Protective Services (TPS) set forth in this

section applies to rail carriers offering to transport arms; Division

1.1, 1.2, and 1.3, ammunition, explosives, fireworks, chemical

munitions, and other commodities which may require physical security

protection while in transit.

2. When a TPS service is required on shipments moving TOFC/COFC

service, rail carriers will ensure the appropriate motor TPS applicable

to the highway portion incident to the TOFC/COFC movement is provided.

The motor TPS is set forth in Section 2 of MTMC Freight Traffic Rules

Publication No. 1A (MFTRP No. 1A). Only MTMC approved munitions motor

carriers may be used to transport shipments over the highway.

3. Timely is defined in terms of immediate notification of delivery

and advising the government not later than two hours after a serious

accident or incident.

4. Inspectors will be a railroad police officer, railroad employee

(trained) other than police, or instructed personnel (trained), which

could include contract security firms designated by the carrier to

inspect the rail car(s).

[A person is considered ``trained and instructed'' when he or she

is employed by the railroad or the terminal involved in the handling of

shipments, has been trained by the railroad/terminal to inspect rail

car(s), is aware of the sensitivity of material moving under RI, and is

knowledgeable of safety, security and emergency procedures that must be

followed. Trained and instructed contract personnel may be used to

conduct inspections of rail car(s) but must meet the same criteria as

personnel designated by the carrier to inspect rail car(s).]

5. When carrier has identified areas which are known trouble spots,

shipments will be routed to avoid these areas or, if unavoidable, be

expedited through these areas.

6. Shippers are not required to but should take into consideration

the following damage and loss prevention measures to ensure the

protection of Department of Defense Cargo:

a. Damage prevention measures of military vehicles are as follows:

(1) Face wheeled-vehicles rearward on the train, roll down side

windows, and lower windshields that can be lowered.

(2) Turn side mirrors inward.

(3) Protect open glass with plywood, cardboard, or a double layer

of bubble wrap (prioritized by level of protection afforded, cost

versus benefit must be evaluated).

(4) Properly document all vehicle damage at origin and destination.

b. Loss prevention measures for sensitive items in containers are

as follows:

(1) Place containers, including CONEXs, door-to-door to block

access.

(2) Order flatcars that will accommodate door-to-door placement of

MILVANs.

(3) Seek assistance from MTMC commands on technical characteristics

of flatcars.

(4) Store sensitive items, including Night Vision Device's (NVD's),

in approved containers only. (Note: NVD's must be provided double

barrier protection, i.e., in a locked shipping container inside a

locked rail car, trailer, dromedary, CONEX, or MILVAN.)

(5) An NVD storage case does not equate to one of the double

barriers.

(6) Never place the sensitive item packing list on the outside of

the containers, trailers, or rail cars.

(7) Contact your local provost marshal/law enforcement officials

during loading and/or shipping to ensure proper protection for

sensitive items.

Item 95--Rail Armed Guard Surveillance Service (RG) (Note)

1. Definition. Rail Armed Guard Surveillance Service (RG). RG is a

TPS that provides one armed guard to maintain constant and specific 24-

hour surveillance on a DOD shipment consisting of one or more cars in

the same train.

2. Annotation. RG will only be furnished upon request of the

shipper by annotation in blocks 15 & 31 on the bill of lading as

follows: ``Rail Armed Guard Surveillance Service (RG) Requested''

3. Requirement. Carriers providing RG must:

a. Perform all functions of Rail Inspection Service (RI) as

specified in Item 110.

b. Maintain surveillance at all rail stops as well as in yards and

terminals where train stops. All security seals and/or locks will be

checked at all stops and documented using the format set forth in the

NOTE at the end of this Item.

c. Ensure guards will be augmented as required to maintain

continuous observation on rail car(s) transporting shipment(s).

[[Page 71107]]

d. Ensure guards do not leave shipment until properly relieved by

another guard or consignee at destination.

e. Inspect the refrigeration/heating units of environmentally

controlled cars, trailers or containers in transit at least twice

during each 24-hour period for the purpose of maintaining temperature

requirements. Inspections must be at least 10 hours apart. The

temperature requirement for each shipment will be annotated on the bill

of lading by the shipper. Immediately following each required

inspection, an authorized carrier representative will make a report by

telephone to the consignee and the appropriate toll free 800-Hotline

telephone number (see Item 180), furnishing the information called for

in the sample format show in NOTE of this Item. The cost of telephone

calls to other than toll free numbers will not be borne by the

Government.

f. It may be more advantageous in some circumstances to have a

railroad police officer, railroad employees (trained) other than

police, or instructed personnel (trained), which could include contract

security firm personnel, ride in a separate motor vehicle paralleling

the train, rather than on the train. The railroad has the option to

decide which is more secure.

4. Notification. If suspicion of tampering or sabotage exists at

any point during movement of the shipment, the railroad special agents

office will immediately notify either the consignee, HQMTMC at (703)

681-6125, or one of the 24-hour MTMC 800-Hotline telephone numbers (See

Item 180). If necessary, the carrier will solicit the aid of local,

state or federal law enforcement officials to secure the shipment.

5. Charges. When requested by the shipper, the rail carrier(s) will

provide RG on shipments of single car loads or shipments of multiple

car loads in the same train at a charge of RG(1) $________ per highway

mile per car or in lieu thereof a flat charge of RG(2) $________ per

car. The charges will apply from point of origin to point of

destination and will be in addition to all other charges for

transportation of shipments requiring this service.

In Section F(1) of the tender, carriers will complete either RG(1)

or RG(2), but not both.

Note: Information to be furnished per instructions in paragraph

2e above:

1. Person and carrier reporting:---------------------------------------

2. City or place of inspection:----------------------------------------

3. Local arrival time at checkpoint:-----------------------------------

4. Local time inspection was performed:--------------------------------

5. Interior temperature of the equipment:------------------------------

6. Approximate outside temperature:------------------------------------

7. Government seals intact: Yes ( ) No ( )---------------------------

8. Replaced by seal number:--------------------------------------------

9. Air conditioning unit working: Yes ( ) No ( )---------------------

10. Arrangement made for repair:---------------------------------------

11. Entries made on log attached to equipment: Yes ( ) No ( )--------

12. Estimated or actual time or departure from checkpoint:-------------

13. Estimated time of arrival at next checkpoint or destination:-------

Item 100--Rail Surveillance Service (RS)

Deleted.

Item 105--Tank Surveillance Service (TS)

Deleted.

Item 110--Rail Inspection Service (RI)

Rail Inspection Service (RI) replaces two rail security services,

Rail Surveillance Service (RS) and Tank Surveillance Service (TS).

Greater Security Service (GS), as defined in item 90, will still be

maintained for all shipments. GS automatically includes Military

Traffic Expediting Service (MX) (See Item 115). RI service incorporates

the inspection and/or surveillance requirements of each of the services

RI replaced. 1. Definition. Rail Inspection Service (RI) is performed

by rail carriers for intransit protection of sensitive and pilferable

items; RI automatically includes MX (See Item 115). Inspection under RI

is external only to assure the integrity of the shipment (container or

vehicle) and the seals/locking devices. RI is required for the movement

of Abrams tanks, and other ground vehicles with sensitive armor,

Categories II through IV, and uncategorized (at DOD component

headquarters direction); arms; ammunition, and explosive (AA&E); and

night vision devices (NVD). RI is optional for vehicle movements and

unit or other movements involving pilferable items, such as high value

communications and electronics.

2. Annotation. RI will only be furnished upon request of the

shipper by annotation in blocks 15 & 31 on the bill of lading as

follows:

``Rail Inspection Service (RI) Requested.''

3. Requirements. Carriers providing RI must:

a. For all Shipments under RI:

(1) Automatically includes Military Traffic Expediting Service (MX)

(See Item 115).

(2) Inspect each rail car containing shipments requiring RI.

Inspection will be performed by railroad police officer, railroad

employees (trained other than police, or instructed personnel (trained)

which could include contract security firms designated by the carrier

within one hour after train has entered a rail terminal. Reinspection

will take place every hour thereafter until the train departs. For

shipments located at a working terminal, where carrier personnel are

present and can provide continuous observation, hourly inspections are

waived provided the train is on an inside track. When hourly

inspections are performed, they will be documented.

(3) Inspections will be required at terminals on arrival and

departure and at all interchange points between railroads.

(4) Documentation of inspections made by railroad police officer,

railroad employees (trained) other than police, or instructed personnel

(trained), which could include contract security firms, will be

available for review within 24 hours of inspection completion.

(5) While intransit and not in a working terminal, railroad police

officer, railroad employees (trained) other than police, or instructed

personnel (trained), which could include contract security firms

designated by the carrier, will inspect the rail car(s) containing the

shipment every hour when a delay is more than 90 minutes.

(6) Assure complete interchange security procedures are in effect

and recorded when transferring the shipment to another railroad, or

intermodal carrier, or with the government. Interchange procedures

between railroads, intermodal carriers, and with the government are

vital to ensure continuity of security. Where needed, a formal

Memorandum of Agreement will exist between parties to ensure continuous

protection.

(7) Where feasible, place shipments transiting rail yards in well-

lighted areas, on an inside track, near the tower, and/or otherwise

under the general observation of railroad police officer, railroad

employees (trained) other than police, or instructed personnel

(trained), which could include contract security firms designated by

carrier.

(8) Notify the consignee in a timely manner of arrival at

destination and continue inspections until physical hand-off has

occurred.

(9) Documentation of all inspections will include the following

information, as applicable.

(a) Name of carrier reporting.

(b) Name of Inspector and his/her signature.

(c) Time of each inspection or acceptance for continuous

observation.

(d) Actual arrival time at terminal.

[[Page 71108]]

(e) Actual departure time from terminal.

(f) Condition of conveyance(s) and seals/locking devices.

b. For Arms, Ammunition, and Explosives (AA&E) and containerized

Night Vision Devices (NVD) the carrier is responsible for:

(1) Inspecting container seals/locks. If found broken, reseal with

same or equivalent device. Report broken seals/locks or other security

problems with containers to one of the 24-hour MTMC 800-Hotline numbers

listed in Item 180.

(2) Ensuring containers are positioned door-to-door or otherwise

placed with door inaccessible.

(3) If an odd number of containers/MIL VANs, other than one, is

loaded on an individual rail car, loading is door-to-door and the

remaining container is loaded with the door facing the end of another

container/MIL VAN.

c. For M1 Abrams Tanks the carrier is responsible for:

(1) Inspections that call for external observation and inspection

by railroad police officer, railroad employees (trained) other than

police, or instructed personnel (trained), which could include contract

security firms, of each vehicle within one hour after it has stopped

and at least once each hour during each stop. Documentation supporting

hourly checks is subject to review.

(2) In addition to the requirements in paragraph 3a above, the

following inspections will be performed by the carrier to ensure the

integrity of the shipment and will be conducted from the ground unless

exceptions are noted:

(a) Ensure tank armor plate, tie downs, or other parts are secure

and intact.

(b) Ensure tank skirts are not damaged and secured with transloc

bolts.

(c) Inspect vehicle openings (driver's hatch, loading hatch) to

ensure they are adequately secured (locked and sealed or welded).

(d) Inspect equipment boxes to ensure exterior integrity of the

boxes and that seals/locking devices and tie downs are intact.

(3) If the armor is penetrated, the shipment will continue to be

protected by the carrier in conjunction with an on-the-scene

investigation by military representatives.

(4) Railroad police officer, railroad employees (trained) other

than police, or instructed personnel (trained), which could include

contract security firms, will concentrate their physical inspection in

those areas depicted in the diagram for the M1 Abrams Tank which is

found in the Security Classification Guide for M1 Abrams Tank.

d. For Non-Sensitive Armored/Wheeled Vehicle Inspections

(Optional):

(1) This service may be used at the shipper's option for the

movement of armored and wheeled vehicles (excluding the M1 Abrams Tank

family of vehicles and certain ground tracked vehicles with sensitive

armor, for which RI is mandatory). Inspection calls for the external

observation and inspection by railroad police officer, railroad

employees (trained) other than police, or instructed personnel

(trained), which could include contract security firms of each rail car

transporting military vehicles, IAW paragraph a above.

(2) The following inspections will be performed by the carrier to

ensure the integrity of the shipment and will be conducted from the

ground unless exceptions are noted:

(a) Inspect wheeled vehicles for glass damage and all vehicles for

signs of pilferage, theft, or serious damage.

(b) Ensure tie downs are secure and intact.

(c) Inspect vehicle openings of tanks and tactical vehicles

(driver's hatch, loading hatch) to ensure they are adequately secured

(locked and sealed or welded).

(d) Sensitive or pilferable items shipped along with tanks and

other tracked vehicles should be in separate, approved containers. The

shipper is responsible for securing the vehicle's opening and all

containers. The seals/locks devices will be inspected by railroad

police officer, railroad employees (trained) other than police, or

instructed personnel (trained), which could include contract security

firms, to ensure that they are adequately secured.

4. Reporting Procedures.

a. The shipper must report shipment information to the Deployment

Support Command (DSC) in advance of movement and must include the GS or

RI code on GBL.

b. In the event of any serious accident or incident, suspected or

actual tampering and if the carriers believes a threat exists, the

carrier will immediately notify either the consignee, HQMTMC at (703)

681-6125, or one of the 24-hour MTMC 800-Hotline telephone numbers (See

Item 180). If necessary, the carrier will solicit the aid of local,

state or federal law enforcement officials to secure the shipment.

Damage reporting of serious accidents or incidents will be reported

within two hours following occurrence.

c. If evidence of forced entry or tampering with seals has

occurred, the carriers will immediately notify the consignee and MTMC

800-Hotline numbers (See Item 180.

5. Charges. In addition to all rates and charges for

transportation, shipments for which RI is provided by carrier at

shipper's request will be subject to a charge of RI (1) $________ per

highway mile per car (See Item 75), subject to a minimum charge of

RI(2) $________ per car, or in lieu thereof a flat charge of RI(3)

$________ per car. In Section F(1) of the tender, carriers will

complete either RI(1) and RI(3) but not more than one. Charges will be

all-inclusive and apply from origin to final destination.

Item 115--Military Traffic Expediting Service (MX)

1. Military Traffic Expediting Service (MX) is an automated

tracking service provided by the carrier for military carload shipments

of unclassified cargo, which do not require seals or terminal

inspections. This service uses a central computer linked with member

railroads to track carload shipments and is capable of reporting on

single line and joint-line movements.

2. MX service will automatically be provided by the carrier without

cost. However, before the service can be initiated, it is the

responsibility of the shipper to promptly communicate the shipment

information to the Deployment Support Command routing office. This

information is to include: origin, stop-offs (if applicable), final

destination, commodity, date of shipment, date shipment is due at

destination, route order number, routing with junction points, GBL

number, and rail car initials (i.e., DODX 40000).

Francis A Galluzzo,

Assistant Deputy Chief of Staff For Transportation Services.

[FR Doc. 98-33997 Filed 12-22-98; 8:45 am]

BILLING CODE 3710-08-M