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814 Part 174—Carriage by Rail

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814 Part 174—Carriage by Rail Pt. 173, App. I 49 CFR Ch. I (10–1–20 Edition) NOTE TO PARAGRAPH 6 OF THIS APPENDIX: material must be deemed to sustain combus- Intermittent flashing may not be interpreted tion. as sustained combustion. Normally, at the [Amdt. 173–241, 59 FR 67517, Dec. 29, 1994, as end of 15 s, the combustion has either clearly amended by Amdt. 173–255, 61 FR 50627, Sept. ceased or continues. In cases of doubt, the 26, 1996; 66 FR 45381, Aug. 28, 2001; 68 FR 75747, Dec. 31, 2003; 69 FR 76179, Dec. 20, 2004; 71 FR 78634, Dec. 29, 2006] APPENDIX I TO PART 173—CALCULATION METHOD [85 FR 27897, May 11, 2020] 174.16 Removal and disposition of hazardous materials at destination. PART 174—CARRIAGE BY RAIL 174.20 Local or carrier restrictions. Subpart B—General Operating Subpart A—General Requirements Requirements Sec. 174.24 Shipping papers. 174.1 Purpose and scope. 174.26 Notice to train crews. 174.2 Limitation on actions by states, local 174.50 Nonconforming or leaking packages. governments, and Indian tribes. 174.3 Unacceptable hazardous materials Subpart C—General Handling and Loading shipments. Requirements 174.5 Carrier’s materials and supplies. 174.9 Safety and security inspection and ac- 174.55 General requirements. ceptance. 174.57 Cleaning cars. 174.14 Movements to be expedited. 174.59 Marking and placarding of rail cars. 814 VerDate Sep<11>2014 16:40 Nov 25, 2020 Jkt 250227 PO 00000 Frm 00824 Fmt 8010 Sfmt 8010 Q:\49\49V2.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB ER11MY20.003</GPH> Pipeline and Haz. Matls. Safety Admin., DOT § 174.2 174.61 Transport vehicles and freight con- Subpart G—Detailed Requirements for tainers on flat cars. Class 3 (Flammable Liquid) Materials 174.63 Portable tanks, IM portable tanks, IBCs, Large Packagings, cargo tanks, 174.300 Special handling requirements. and multi-unit tank car tanks. 174.304 Class 3 (flammable liquid) materials 174.67 Tank car unloading. in tank cars. 174.81 Segregation of hazardous materials. 174.310 Requirements for the operation of high-hazard flammable trains. Subpart D—Handling of Placarded Rail 174.312 HHFT information sharing notifica- tion for emergency response planning. Cars, Transport Vehicles and Freight Containers Subparts H–I [Reserved] 174.82 General requirements for the han- Subpart J—Detailed Requirements for dling of placarded rail cars, transport ve- Division 6.1 (Poisonous) Materials hicles, freight containers, and bulk pack- ages. 174.600 Special handling requirements for 174.83 Switching placarded rail cars, trans- materials extremely poisonous by inha- port vehicles, freight containers, and lation. bulk packagings. 174.615 Cleaning cars. 174.84 Position in train of loaded placarded 174.680 Division 6.1 (poisonous) materials rail cars, transport vehicles, freight con- with foodstuffs. tainers or bulk packagings when accom- panied by guards or technical escorts. Subpart K—Detailed Requirements for 174.85 Position in train of placarded cars, Class 7 (Radioactive) Materials transport vehicles, freight containers, 174.700 Special handling requirements for and bulk packagings. Class 7 (radioactive) materials. 174.86 Maximum allowable operating speed. 174.715 Cleanliness of transport vehicles after use. Subpart E—Class I (Explosive) Materials 174.750 Incidents involving leakage. 174.101 Loading Class 1 (explosive) mate- AUTHORITY: 49 U.S.C. 5101–5128; 33 U.S.C. rials. 1321; 49 CFR 1.81 and 1.97. 174.102 Forbidden mixed loading and stor- age. Subpart A—General Requirements 174.103 Disposition of damaged or astray shipments. § 174.1 Purpose and scope. 174.104 Division 1.1 or 1.2 (explosive) mate- This part prescribes requirements in rials; car selection, preparation, inspec- addition to those contained in parts tion, and certification. 171, 172, 173, and 179 of this subchapter, 174.105 Routing shipments, Division 1.1 or 1.2 (explosive) materials. to be observed with respect to the 174.106 ‘‘Order-Notify’’ or ‘‘C.O.D.’’ ship- transportation of hazardous materials ments, Division 1.1 or 1.2 (explosive) ma- in or on rail cars. terials. [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as 174.110 Car magazine. amended by Amdt. 174–26A, 41 FR 40685, Sept. 174.112 Loading Division 1.3 and Division 1.2 20, 1976; Amdt. 174–74, 58 FR 51533, Oct. 1, (explosive) materials (Also see § 174.101). 1993] 174.114 Record to be made of change of seals on ‘‘Cars loaded with Division 1.1 or 1.2 § 174.2 Limitation on actions by states, (explosive) materials’’. local governments, and Indian 174.115 Loading Division 1.4 (explosive) ma- tribes. terials. Sections 5125 and 20106 of Title 49, United States Code, limit the author- Subpart F—Detailed Requirements for Class ity of states, political subdivisions of 2 (Gases) Materials states, and Indian tribes to impose re- 174.200 Special handling requirements. quirements on the transportation of 174.201 Class 2 (gases) material cylinders. hazardous materials in commerce. A 174.204 Tank car delivery of gases, including state, local, or Indian tribe require- cryogenic liquids. ment on the transportation of haz- 174.290 Materials extremely poisonous by ardous materials by rail may be pre- inhalation shipped by, for, or to the De- empted under either 49 U.S.C. 5125 or partment of Defense. 20106, or both. 815 VerDate Sep<11>2014 16:40 Nov 25, 2020 Jkt 250227 PO 00000 Frm 00825 Fmt 8010 Sfmt 8010 Q:\49\49V2.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 174.3 49 CFR Ch. I (10–1–20 Edition) (a) Section 171.1(f) of this subchapter portation or placed in a train, the car- describes the circumstances under rier must inspect each rail car con- which 49 U.S.C. 5125 preempts a re- taining the hazardous material, at quirement of a state, political subdivi- ground level, for required markings, la- sion of a state, or Indian tribe. bels, placards, securement of closures, (b) Under the Federal Railroad Safe- and leakage. These inspections may be ty Act (49 U.S.C. 20106), administered performed in conjunction with inspec- by the Federal Railroad Administra- tions required under parts 215 and 232 tion (see 49 CFR parts 200 through 244), of this title. laws, regulations and orders related to (b) For each rail car containing an railroad safety, including security, amount of hazardous material requir- shall be nationally uniform to the ex- tent practicable. A state may adopt, or ing placarding in accordance with continue in force, a law, regulation, or § 172.504 of this subchapter, the carrier order covering the same subject matter must visually inspect the rail car at as a DOT regulation or order applicable ground level for signs of tampering, in- to railroad safety and security (includ- cluding closures and seals, for sus- ing the requirements in this subpart) picious items or items that do not be- only when an additional or more strin- long, and for other signs that the secu- gent state law, regulation, or order is rity of the car may have been com- necessary to eliminate or reduce an es- promised, including the presence of an sentially local safety or security haz- improvised explosive device. As used in ard; is not incompatible with a law, this section, an improvised explosive regulation, or order of the United device is a device fabricated in an im- States Government; and does not un- provised manner incorporating explo- reasonably burden interstate com- sives or destructive, lethal, noxious, merce. pyrotechnic, or incendiary chemicals [74 FR 1801, Jan. 13, 2009] in its design, and generally includes a power supply, a switch or timer, and a § 174.3 Unacceptable hazardous mate- detonator or initiator. The carrier rials shipments. should be particularly attentive to No person may accept for transpor- signs that security may have been tation or transport by rail any ship- compromised on rail cars transporting ment of hazardous material that is not materials covered by § 172.820 of this in conformance with the requirements subchapter, rail carload quantities of of this subchapter. ammonium nitrate or ammonium ni- trate mixtures in solid form, or haz- [Amdt. 174–83, 61 FR 28677, June 5, 1996] ardous materials of interest based on § 174.5 Carrier’s materials and sup- current threat information. plies. (c) If a rail car does not conform to This subchapter applies to the trans- the safety and security requirements of portation of a carrier’s materials and this subchapter, the carrier may not supplies moving by rail, except that forward or transport the rail car until the shipper’s certification is not re- the deficiencies are corrected or the quired when these materials and sup- car is approved for movement in ac- plies are being transported by the car- cordance with § 174.50. rier who owns them. The requirements (d) Where an indication of tampering of this subchapter do not apply to rail- or suspicious item is found, a carrier way torpedoes or fusees when carried must take appropriate action to ensure in engines or rail cars. Railway tor- the security of the rail car and its con- pedoes must be in closed metal boxes tents have not been compromised be- when not in use. fore accepting the rail car for further [Amdt. 174–26B, 41 FR 57071, Dec. 30, 1976] movement. If the carrier determines that the security of the rail car has § 174.9 Safety and security inspection been compromised, the carrier must and acceptance. take action, in conformance with its (a) At each location where a haz- existing security plan (see subpart I of ardous material is accepted for trans- part 172 of this subchapter) to address 816 VerDate Sep<11>2014 16:40 Nov 25, 2020 Jkt 250227 PO 00000 Frm 00826 Fmt 8010 Sfmt 8010 Q:\49\49V2.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Pipeline and Haz.
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