Report on FMCSA's Security Sensitivity Visits to the House and Senate Committees on Appropriations

Report on FMCSA's Security Sensitivity Visits to the House and Senate Committees on Appropriations

Background
In response to the terrorist atrocities committed against the World Trade Center and the Pentagon on September 11, 2001, and subsequent threats to the transportation system, the Federal Motor Carrier Safety Administration (FMCSA) initiated a program to conduct onsite visits to motor carriers to discuss enhancing security. Our mission: To increase the level of awareness of hazardous materials carriers to terrorist threats, identify potential weaknesses in carrier security programs, and report potentially serious security issues to the appropriate authorities.

What is a Security Sensitivity Visit?
A Security Sensitivity Visit (SSV) is a face-to-face meeting between FMCSA or State investigators and top carrier officials to assess security vulnerabilities and countermeasures that can improve security. Federal and State staff provide hazardous materials carriers security recommendations and suggestions except where there are specific regulatory requirements affecting the actual movement of hazardous materials. The visits cover the topics outlined in FMCSA's Security Talking Points (Attachment 1). These recommendations may not apply to all carriers, based on their size and scope of operation. From this broad list, company officials and safety investigators are able to identify the recommendations suited to the size and scope of their operation.

The SSV also includes a review by the investigator and carrier officials of carrier records in order to identify any suspicious activities by carrier employees that could affect carrier security. All reports of suspicious activities are forwarded to the FBI for follow-up.

Operations Determined to Be At Risk FMCSA targeted carriers transporting hazardous materials in types and quantities that terrorists could use as a weapon. Table 1 indicates the classes of hazardous materials identified. In addition, safety investigators also visited companies that train truck drivers, companies that lease trucks and drivers (U-Haul, Ryder, etc.), high-risk facilities (chemical plants, refineries, etc.), hazardous materials shippers, and other operations determined to be at risk.

Originally, FMCSA identified a little over 32,000 carriers in our database transporting hazardous materials in the types and quantities described in Table 1. This was later modified to 35,344 motor carriers to receive SSVs based on roadside inspection information indicating the transport of hazardous materials. The addition of driver training schools, leasing companies, high-risk facilities, hazardous materials shippers, and other at-risk operations has expanded the total number of SSVs FMCSA anticipates completing to approximately 38,800.

Table 1 - Hazardous materials determined to be a possible weapon
Bulk indicates the material is transported in packages with a capacity greater than 119 gallons (450 liters).

Results of SSVs
As of January 31, 2002, 36,246 contacts have been completed, with the rest to be completed shortly. FMCSA has received overwhelmingly positive feedback and cooperation from industry relating to the SSV program. The industry feels that the program is both important and necessary and is pleased by the primarily educational focus of this program. SSVs have resulted in 280 findings of suspicious activities with 126 referrals reported to the FBI. Examples of the types of suspicious activities that provided the basis for referral to the FBI include :

• False Personnel Information
• Citizenship Irregularities
• FBI Watch List
• Suspicious Inquiries
• Previous Employment Irregularities
• Unexplained Disappearances
• False Names
• Verbal Comments Supporting Threat/Terrorism

Future Security Plans
FMCSA views the SSV Program as only one component of the agency's program to promote the secure transportation of hazardous materials. Other actions currently being planned and implemented to enhance security include:

Field Programs

Security During Compliance Reviews - All future compliance reviews conducted by the FMCSA on carriers transporting hazardous materials will be expanded to include a discussion of the Security Talking Points as an integral part of the review. The FMCSA conducts approximately 3,000 compliance reviews on hazardous materials carriers annually.

Enhanced Security Sensitivity Visits - FMCSA is developing a program to conduct periodic visits to carriers transporting certain explosives, radioactive materials and highly toxic substances. These visits will be more in-depth than the original SSV and include an on-site inspection of facilities and a written report with Security Recommendations.

Outreach Programs

FMCSA is including a security message in all contacts with industry aimed at educating HM carriers and others about the need to increase security to thwart possible terrorist actions. Specific outreach is also being developed for drivers and law enforcement.

Law Enforcement Outreach - FMCSA has developed outreach material and a training course to raise the awareness of law enforcement officers to the threats that commercial vehicles may pose as terrorist weapons. In conjunction with the Commercial Vehicle Safety Alliance (CVSA), the International Association of Chiefs of Police (IACP), the Maryland State Police and the Virginia State Police, FMCSA developed a SAFE (Security Awareness for Enforcement) Checklist (Attachment 2). The IACP will be distributing 500,000 of these checklists to law enforcement across the country in the next two months. FMCSA has also developed an 8-hour training course titled "Trucks & Terrorism" (Attachment 3) that is being offered, free of charge, to law enforcement agencies.

Truck Driver Outreach - FMCSA is working with the Teamsters, CVSA, IACP, and the Maryland State Police to develop an outreach program targeted at educating truck drivers on measures they can take to protect themselves from being the victim of a hijacking by possible terrorists.

Regulatory Programs

FMCSA is developing new regulations to implement background checks for hazardous materials drivers as specified in the newly enacted USA PATRIOT legislation. FMCSA is also considering whether additional rulemakings would enhance the security of the motor carrier industry. The FMCSA will be working with DOT's Research and Special Programs Administration as well as the Transportation Security Administration on any security initiatives.

Promote Security Technology

FMCSA will conduct operational tests of technologies that could enhance the security of hazardous materials transportation. The purpose of the tests is to demonstrate to the industry the potential effectiveness of these systems. Technologies to be tested include systems for preventing unauthorized drivers from operating a vehicle, systems for detecting a vehicle that is off-route, systems to remotely shut-off the vehicle engine, and systems that allow law enforcement, shippers, and consignees to make positive identification of the proper truck driver. The tests will be conducted in cooperation with the Federal Highway Administration and the DOT's Intelligent Transportation Systems Joint Program Office.

Summary
FMCSA is utilizing a multi-faceted approach to enhance security including industry visits by FMCSA or State employees, outreach to law enforcement and the industry, and exploration of ways that new technology or regulations can enhance security. We believe this comprehensive approach, combined with the willingness displayed by the industry to implement many of the suggestions and recommendations from SSVs, are providing a maximum level of security within the hazardous materials transportation industry.