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Straight
Track #166
Terror
Measures Ruffle Railroads:
Railroads Stop Carrying Explosives
Because of New Security Regulations
Hoey & Farina
info@felahfd.com
1-888-425-1212
Railroaders can expect tighter security patrols at sensitive installations, including transload rail facilities at ports, military bases, and cross-border gateways, under the high terror alert status, which
U.S.
authorities raised May 20 to orange, or "high," the second-highest level.
In another sign of the new security environment, railroads have stopped transporting commercial explosives due to concerns that engineers, conductors, and other employees could be prosecuted under a new federal anti-terrorism measure. The new law, which takes effect May 24, is among scores of new federal policies aimed at improving homeland security. Below is an article from
U.S. Rail News on the effects of the new law.
Railroads Stop Carrying Explosives Because of New Security Regulations
U.S. Rail News
Volume 26 No. 10
May 7, 2003
U.S. railroads have stopped transporting commercial explosives because of confusion over whether a new federal law would require thousands more background checks for common carriers that handle materials ranging from dynamite used mining to fireworks.
The Safe Explosives Act, which takes effect May 24, is among many new federal policies intended to improve homeland defense. Under current regulations, employees of explosives companies, distributors of explosives and buyers of large amounts of the volatile material must undergo background checks by the U.S. government.
Supporters of the new law and officials at the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives
(ATF) say the law was designed to provide tighter control over explosives dealers and people seeking permits to buy smaller amounts of explosives. ATF officials say the law will require background checks on about 20,000 people, about double the number that now is required.
Rail officials say they need a clarification from the Transportation Department before they will resume carrying non-Defense Department explosives. They are concerned their engineers, conductors, and other employees could be prosecuted if they have not had background checks. Defense Department shipments are exempt from the law.
"The embargoes went into effect in early February in response to a Bureau of Alcohol, Tobacco, and Firearms interpretation of the
law," Tom White, Association of American Railroad (AAR) spokesman, told USRN.
"We are awaiting development and publication of Department of Transportation regulations regarding shipments of explosives by rail. At least until then, the embargoes remain in
effect."
Warnings of Damage to Commerce
The American Pyrotechnics Association says the rail embargo has shut down the movement of fireworks worldwide during what normally is the
industry's busiest time of the year.
The embargo could be devastating for the $650 million fireworks industry, which moves about 80 percent of its product by rail. Major fireworks displays planned for the Fourth of July could be affected.
"A very serious situation has arisen concerning the railroad
industry's ability to continue to ship explosives in interstate and foreign
commerce," Edward Hamberger, AAR president, said in a January 23 letter to Attorney General John
Ashcroft. Hamberger asked Ashcroft to issue a memo clarifying the issue, but the attorney general has not formally responding, according to the
AAR.
The rail embargo has reached ports in Asia and Europe, some of the largest sources of fireworks. Foreign shippers, whose U.S. markets are being blocked by the rail embargo, are declining to carry explosives to the United States. Contact: Tom White,
AAR, at 202-639-2556.
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