reading that
indeed they did, Steve. They unilaterally assumed overriding jurisdiction despite the objections of the DOT, which created a world of problems for the imminent Fourth of July celebrations.
excerpted from "Railroads To Resume Shipment Of Fireworks and Explosives" at
"Sensenbrenner made an impassioned plea to the Department of Justice, Department of Transportation, and Department of Homeland Security to resolve their four-month interagency dispute over the shipping of explosives by rail."
ultimately, the Dept Of Homeland Security, Transportation Security Administration issued a notice rescinding SEA WRT rail transporation.
In summary:
"the transportation of explosives via rail by certain persons described under the SEA does not pose a sufficient security risk warranting further regulation at this time. Based on the determinations made by the TSA and the DOT that are detailed in this document, certain federal criminal provisions described below do not apply to persons while they are engaged in the commercial transportation of explosives by rail."
this established the precedent for overriding DOHS/TSA jurisdiction, with provision for coordination with the other agencies
"TSA was created following the terrorist attacks of September 11, 2001, as an agency within DOT. TSA was transferred to the DHS on March 1,
2003, and has statutory authority to set standards for security and make determinations regarding the adequacy of security in all modes of transportation. DOT agencies consult with TSA on transportation security matters. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is an agency within the Department of Justice (DOJ), and has statutory authority to address, among other things, the manufacture, purchase, possession and use of explosives."Representatives of RSPA, FRA, TSA, and DOJ consulted extensively with each other to ensure that this document accurately reflects the security considerations relevant to those persons responsible for transportation of explosives in commerce by rail."
after all, the DOHS was formed specifically to manage security threats at home
see the complete record in the Federal Register at
- iz