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to test. Because of the possibility of loss of (g) If sustained combustion interpreted in volatile constituents, the sample must re- accordance with paragraph 6. of this appen- ceive only the minimum treatment nec- dix is not found, repeat the complete proce- essary to ensure its homogeneity. After re- dure with new test portions, but with a heat- moving each test portion, the sample con- ing time of 30 s. tainer must be immediately closed tightly to (h) If sustained combustion interpreted in ensure that no volatile components escape accordance with paragraph 6. of this appen- from the container; if this closure is incom- dix is not found at a test temperature of 60 plete, an entirely new sample must be taken. °C (140 °F), repeat the complete procedure with new test portions, but at a test tem- 5. PROCEDURE perature of 75 °C (167 °F). In the case of a ma- Carry out the determination in triplicate. terial which has a flash point above 60 °C (140 WARNING—Do not carry out the test in a °F) and below 93 °C (200 °F), if sustained com- small confined area (for example a glove box) bustion interpreted in accordance with para- because of the hazard of explosions. graph 6. of this appendix is not found at a (a) It is essential that the apparatus be set test temperature of 5 °C (9 °F) above its flash up in a completely draft-free area (see warn- point, repeat the complete procedure with ing) and in the absence of strong light to fa- new test portions, but at a test temperature cilitate observation of flash, flame, etc. of 20 °C (36 °F) above its flash point. (b) Place the metal block on the hotplate or heat the metal block by other suitable 6. INTERPRETATION OF OBSERVATIONS means so that its temperature, as indicated The material must be assessed either as by the thermometer placed in the metal not sustaining combustion or as sustaining block, is maintained at the specified tem- combustion. Sustained combustion must be perature within a tolerance of ±1 °C. For the reported at either of the heating times if one appropriate test temperature, see paragraph of the following occurs with either of the 5.(h) of this appendix. Correct this tempera- test portions: ture for the difference in barometric pressure (a) When the test flame is in the ‘‘off’’ posi- from the standard atmospheric pressure tion, the test portion ignites and sustains (101.3 kPa) by raising the test temperature combustion; for a higher pressure or lowering the test (b) The test portion ignites while the test ° temperature for a lower pressure by 1.0 C for flame is in the test position for 15 s, and sus- each 4 kPa difference. Ensure that the top of tains combustion for more than 15 s after the the metal block is exactly horizontal. Use test flame has been returned to the ‘‘off’’ po- the gauge to check that the jet is 2.2 mm sition. above the top of the well when in the test po- sition. NOTE TO PARAGRAPH 6 OF THIS APPENDIX: (c) Light the butane test fuel with the jet Intermittent flashing may not be interpreted away from the test position (i.e. in the ‘‘off’’ as sustained combustion. Normally, at the position, away from the well). Adjust the end of 15 s, the combustion has either clearly size of the flame so that it is 8 mm to 9 mm ceased or continues. In cases of doubt, the high and approximately 5 mm wide. material must be deemed to sustain combus- (d) Using the syringe, take from the sam- tion. ple container at least 2 mL of the sample and [Amdt. 173–241, 59 FR 67517, Dec. 29, 1994, as rapidly transfer a test portion of 2 mL ±0.1 amended by Amdt. 173–255, 61 FR 50627, Sept. mL to the well of the combustibility tester 26, 1996; 66 FR 45381, Aug. 28, 2001; 68 FR 75747, and immediately start the timing device. Dec. 31, 2003; 69 FR 76179, Dec. 20, 2004; 71 FR (e) After a heating time of 60 seconds (s), 78634, Dec. 29, 2006] by which time the test portion is deemed to have reached its equilibrium temperature, and if the test fluid has not ignited, swing PART 174—CARRIAGE BY RAIL the test flame into the test position over the edge of the pool of liquid. Maintain it in this Subpart A—General Requirements position for 15 s and then return it to the ‘‘off’’ position while observing the behavior Sec. of the test portion. The test flame must re- 174.1 Purpose and scope. main lighted throughout the test. 174.2 Limitation on actions by states, local (f) For each test observe and record: governments, and Indian tribes. (i) whether there is ignition and sustained 174.3 Unacceptable hazardous materials combustion or flashing, or neither, of the shipments. test portion before the test flame is moved 174.5 Carrier’s materials and supplies. into the test position; 174.9 Safety and security inspection and ac- (ii) whether the test portion ignites while ceptance. the test flame is in the test position, and, if 174.14 Movements to be expedited. so, how long combustion is sustained after 174.16 Removal and disposition of hazardous the test flame is returned to the ‘‘off’’ posi- materials at destination. tion. 174.20 Local or carrier restrictions.

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Subpart B—General Operating Subpart F—Detailed Requirements for Class Requirements 2 (Gases) Materials

174.24 Shipping papers. 174.200 Special handling requirements. 174.26 Notice to train crews. 174.201 Class 2 (gases) material cylinders. 174.50 Nonconforming or leaking packages. 174.204 Tank car delivery of gases, including cryogenic liquids. Subpart C—General Handling and Loading 174.290 Materials extremely poisonous by Requirements inhalation shipped by, for, or to the De- partment of Defense. 174.55 General requirements. 174.57 Cleaning cars. Subpart G—Detailed Requirements for 174.59 Marking and placarding of rail cars. Class 3 (Flammable Liquid) Materials 174.61 Transport vehicles and freight con- 174.300 Special handling requirements. tainers on flat cars. 174.304 Class 3 (flammable liquid) materials 174.63 Portable tanks, IM portable tanks, in tank cars. IBCs, cargo tanks, and multi-unit tank car tanks. Subparts H–I [Reserved] 174.67 Tank car unloading. 174.81 Segregation of hazardous materials. Subpart J—Detailed Requirements for Division 6.1 (Poisonous) Materials Subpart D—Handling of Placarded Rail Cars, Transport Vehicles and Freight 174.600 Special handling requirements for Containers materials extremely poisonous by inha- lation. 174.82 General requirements for the han- 174.615 Cleaning cars. dling of placarded rail cars, transport ve- 174.680 Division 6.1 (poisonous) materials hicles, freight containers, and bulk pack- with foodstuffs. ages. 174.83 Switching placarded rail cars, trans- Subpart K—Detailed Requirements for port vehicles, freight containers, and Class 7 (Radioactive) Materials bulk packagings. 174.84 Position in train of loaded placarded 174.700 Special handling requirements for rail cars, transport vehicles, freight con- Class 7 (radioactive) materials. tainers or bulk packagings when accom- 174.715 Cleanliness of transport vehicles panied by guards or technical escorts. after use. 174.85 Position in train of placarded cars, 174.750 Incidents involving leakage. transport vehicles, freight containers, AUTHORITY: 49 U.S.C. 5101–5127; 49 CFR 1.53. and bulk packagings. 174.86 Maximum allowable operating speed. Subpart A—General Requirements Subpart E—Class I (Explosive) Materials § 174.1 Purpose and scope. 174.101 Loading Class 1 (explosive) mate- This part prescribes requirements in rials. addition to those contained in parts 174.102 Forbidden mixed loading and stor- 171, 172, 173, and 179 of this subchapter, age. to be observed with respect to the 174.103 Disposition of damaged or astray shipments. transportation of hazardous materials 174.104 Division 1.1 or 1.2 (explosive) mate- in or on rail cars. rials; car selection, preparation, inspec- [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as tion, and certification. amended by Amdt. 174–26A, 41 FR 40685, Sept. 174.105 Routing shipments, Division 1.1 or 20, 1976; Amdt. 174–74, 58 FR 51533, Oct. 1, 1.2 (explosive) materials. 1993] 174.106 ‘‘Order-Notify’’ or ‘‘C.O.D.’’ ship- ments, Division 1.1 or 1.2 (explosive) ma- § 174.2 Limitation on actions by states, terials. local governments, and Indian 174.110 Car magazine. tribes. 174.112 Loading Division 1.3 and Division 1.2 Sections 5125 and 20106 of Title 49, (explosive) materials (Also see § 174.101). 174.114 Record to be made of change of seals United States Code, limit the author- on ‘‘Cars loaded with Division 1.1 or 1.2 ity of states, political subdivisions of (explosive) materials’’. states, and Indian tribes to impose re- 174.115 Loading Division 1.4 (explosive) ma- quirements on the transportation of terials. hazardous materials in commerce. A

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state, local, or Indian tribe require- § 174.9 Safety and security inspection ment on the transportation of haz- and acceptance. ardous materials by rail may be pre- (a) At each location where a haz- empted under either 49 U.S.C. 5125 or ardous material is accepted for trans- 20106, or both. portation or placed in a train, the car- (a) Section 171.1(f) of this subchapter rier must inspect each rail car con- describes the circumstances under taining the hazardous material, at which 49 U.S.C. 5125 preempts a re- ground level, for required markings, la- quirement of a state, political subdivi- bels, placards, securement of closures, sion of a state, or Indian tribe. and leakage. These inspections may be (b) Under the Federal Railroad Safe- performed in conjunction with inspec- ty Act (49 U.S.C. 20106), administered tions required under parts 215 and 232 by the Federal Railroad Administra- of this title. tion (see 49 CFR parts 200 through 244), (b) For each rail car containing an laws, regulations and orders related to amount of hazardous material requir- railroad safety, including security, ing placarding in accordance with shall be nationally uniform to the ex- § 172.504 of this subchapter, the carrier tent practicable. A state may adopt, or must visually inspect the rail car at continue in force, a law, regulation, or ground level for signs of tampering, in- order covering the same subject matter cluding closures and seals, for sus- as a DOT regulation or order applicable picious items or items that do not be- to railroad safety and security (includ- long, and for other signs that the secu- ing the requirements in this subpart) rity of the car may have been com- only when an additional or more strin- promised, including the presence of an gent state law, regulation, or order is improvised explosive device. As used in necessary to eliminate or reduce an es- this section, an improvised explosive sentially local safety or security haz- device is a device fabricated in an im- ard; is not incompatible with a law, provised manner incorporating explo- regulation, or order of the United sives or destructive, lethal, noxious, States Government; and does not un- pyrotechnic, or incendiary chemicals reasonably burden interstate com- in its design, and generally includes a merce. power supply, a switch or timer, and a [74 FR 1801, Jan. 13, 2009] detonator or initiator. The carrier should be particularly attentive to § 174.3 Unacceptable hazardous mate- signs that security may have been rials shipments. compromised on rail cars transporting No person may accept for transpor- materials covered by § 172.820 of this tation or transport by rail any ship- subchapter, rail carload quantities of ment of hazardous material that is not ammonium nitrate or ammonium ni- in conformance with the requirements trate mixtures in solid form, or haz- of this subchapter. ardous materials of interest based on current threat information. [Amdt. 174–83, 61 FR 28677, June 5, 1996] (c) If a rail car does not conform to § 174.5 Carrier’s materials and sup- the safety and security requirements of plies. this subchapter, the carrier may not forward or transport the rail car until This subchapter applies to the trans- the deficiencies are corrected or the portation of a carrier’s materials and car is approved for movement in ac- supplies moving by rail, except that cordance with § 174.50. the shipper’s certification is not re- (d) Where an indication of tampering quired when these materials and sup- or suspicious item is found, a carrier plies are being transported by the car- must take appropriate action to ensure rier who owns them. The requirements the security of the rail car and its con- of this subchapter do not apply to rail- tents have not been compromised be- way torpedoes or fusees when carried fore accepting the rail car for further in engines or rail cars. Railway tor- movement. If the carrier determines pedoes must be in closed metal boxes that the security of the rail car has when not in use. been compromised, the carrier must [Amdt. 174–26B, 41 FR 57071, Dec. 30, 1976] take action, in conformance with its

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existing security plan (see subpart I of safety requires, by destruction under part 172 of this subchapter) to address supervision of a competent person. the security issues before forwarding (2) Hazardous materials, except Division the rail car for further movement. 1.1 or 1.2 (explosive) materials, in carload shipments: By storage on the carrier’s [73 FR 20773, April 16, 2008] property; by storage on other than the § 174.14 Movements to be expedited. carrier’s property, if safe storage on the carrier’s property is not available; (a) A carrier must forward each ship- or by sale at expiration of 15 calendar ment of hazardous materials promptly days after notice of arrival has been and within 48 hours (Saturdays, Sun- sent or given to the consignee, pro- days, and holidays excluded), after ac- vided the consignor has been notified of ceptance at the originating point or re- the non-delivery at the expiration of a ceipt at any yard, transfer station, or 48-hour period and orders for disposi- interchange point, except that where tion have not been received. biweekly or weekly service only is per- (3) Hazardous materials, except Division formed, a shipment of hazardous mate- 1.1 or 1.2 (Class A explosive) materials, in rials must be forwarded on the first less-than-carload shipments: By return available train. to the shipper if notice of non-delivery (b) A tank car loaded with any Divi- was requested and given the consignor sion 2.1 (flammable gas), Division 2.3 as prescribed by the carrier’s tariff, (poisonous gas) or Class 3 (flammable and orders for return to shipper have liquid) material, may not be received been received; by storage on the car- and held at any point, subject to for- rier’s property; by storage on other warding orders, so as to defeat the pur- than the carrier’s property, if safe stor- pose of this section or of § 174.204 of this age on carrier’s property is not avail- subchapter. able; or by sale at expiration of 15 cal- [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as endar days after notice of arrival has amended by Amdt. 174–68, 55 FR 52677, Dec. been sent or given to the consignee, 21, 1990] provided the consignor has been noti- fied of non-delivery at expiration of a § 174.16 Removal and disposition of 48–hour period and orders for disposi- hazardous materials at destination. tion have not been received. (a) Delivery at non-agency stations. A [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as shipment of Class 1 (explosive) mate- amended by Amdt. 174–68, 55 FR 52677, Dec. rials may not be unloaded at non-agen- 21, 1990; 66 FR 45383, Aug. 28, 2001] cy stations unless the consignee is there to receive it or unless properly § 174.20 Local or carrier restrictions. locked and secure storage facilities are (a) When local conditions make the provided at that point for its protec- acceptance, transportation, or delivery tion. If delivery cannot be so made, the of hazardous materials unusually haz- shipment must be taken to next or ardous, local restrictions may be im- nearest agency station for delivery. posed by the carrier. (b) Delivery at agency stations. A car- (b) Each carrier must report to the rier shall require the consignee of each Bureau of Explosives for publication shipment of hazardous materials to re- the full information as to any restric- move the shipment from carrier’s prop- tions which it imposes against the ac- erty within 48 hours (exclusive of Sat- ceptance, delivery, or transportation of urdays, Sundays, and holidays) after hazardous materials, over any portion notice of arrival has been sent or given. of its lines under this section. If not so removed, the carrier shall im- mediately dispose of the shipments as [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976] follows: (1) Division 1.1 or 1.2 (explosive) mate- Subpart B—General Operating rials: If safe storage is available, by Requirements storage at the owner’s expense; if safe storage is not available, by return to § 174.24 Shipping papers. the shipper, sale, or destruction under (a) A person may not accept a haz- supervision of a competent person; or if ardous material for transportation or

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transport a hazardous material by rail showing the information required by unless that person receives a shipping part 172 of this subchapter. paper prepared in accordance with part 172 of this subchapter, unless the mate- [Amdt. 174–84, 62 FR 1236, Jan. 8, 1997] rial is excepted from shipping paper re- § 174.50 Nonconforming or leaking quirements under this subchapter. packages. Only an initial carrier within the United States must receive and retain A leaking non-bulk package may not a copy of the shipper’s certification as be forwarded until repaired, recondi- required by § 172.204 of this subchapter. tioned, or overpacked in accordance This section does not apply to a mate- with § 173.3 of this subchapter. Except rial that is excepted from shipping as otherwise provided in this section, a paper requirements by this subchapter. bulk packaging that no longer con- (b) Each person receiving a shipping forms to this subchapter may not be paper required by this section must re- forwarded by rail unless repaired or ap- tain a copy or an electronic image proved for movement by the Associate thereof, that is accessible at or Administrator for Safety, Federal Rail- through its principal place of business road Administration. Notification and and must make the shipping paper approval must be in writing, or available, upon request, to an author- through telephonic or electronic ized official of a Federal, State, or means, with subsequent written con- local government agency at reasonable firmation provided within two weeks. times and locations. For a hazardous For the applicable address and tele- waste, each shipping paper copy must phone number, see § 107.117(d)(4) of this be retained for three years after the chapter. A leaking bulk package con- material is accepted by the initial car- taining a hazardous material may be rier. For all other hazardous materials, moved without repair or approval only each shipping paper copy must be re- so far as necessary to reduce or to tained for one year after the material eliminate an immediate threat or harm is accepted by the initial carrier. Each to human health or to the environment shipping paper copy must include the when it is determined its movement date of acceptance by the initial car- would provide greater safety than al- rier. The date on the shipping paper lowing the package to remain in place. may be the date a shipper notifies the In the case of a liquid leak, measures rail carrier that a shipment is ready must be taken to prevent the spread of for transportation, as indicated on the liquid. waybill or bill of lading, as an alter- native to the date the shipment is [65 FR 50462, Aug. 18, 2000] picked up, or accepted, by the carrier. Subpart C—General Handling and [67 FR 46128, July 12, 2002, as amended at 67 FR 66574, Nov. 1, 2002; 70 FR 73165, Dec. 9, Loading Requirements 2005] § 174.55 General requirements. § 174.26 Notice to train crews. (a) Each package containing a haz- (a) The train crew must have a docu- ardous material being transported by ment that reflects the current position rail in a freight container or transport in the train of each rail car containing vehicle must be loaded so that it can- a hazardous material. The train crew not fall or slide and must be safe- must update the document to indicate guarded in such a manner that other changes in the placement of a rail car freight cannot fall onto or slide into it within the train. For example, the under conditions normally incident to train crew may update the document transportation. When this protection by handwriting on it or by appending cannot be provided by using other or attaching another document to it. freight, it must be provided by block- (b) A member of the crew of a train ing and bracing. For examples of block- transporting a hazardous material ing and bracing in freight containers must have a copy of a document for the and transport vehicles, see Bureau of hazardous material being transported Explosives Pamphlet Nos. 6 and 6C.

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(b) Each package containing a haz- cannot permanently change position ardous material bearing package ori- during transit. Packages of hazardous entation markings prescribed in materials contained therein must be § 172.312 of this subchapter must be loaded and braced as provided by loaded within a transport vehicle or §§ 174.101, 174.112, 174.115 and 174.55. freight container to remain in the cor- Placards must be applied when pre- rect position indicated by those mark- scribed by part 172 of this subchapter ings during transportation. and part 174. (c) The doors of a freight container or (b) Except as specified in § 173.21, a transport vehicle may not be used to truck body, trailer, or freight con- secure a load that includes a package tainer equipped with heating or refrig- containing a hazardous material unless erating equipment which has fuel or the doors meet the design strength re- any article classed as a hazardous ma- quirements of Specification M–930 (for terial may be loaded and transported freight containers) and M–931 (for trail- on a flat car as part of a joint rail high- ers) in the AAR’s specification for way movement. The heating or refrig- ‘‘Specially Equipped Freight Car and erating equipment is considered to be a Intermodal Equipment’’ (IBR, see part of the truck body or trailer and is § 171.7 of this subchapter) and the load not subject to any other requirements is also within the limits of the design of this subchapter. The truck body, strength requirements for the doors. trailer, or freight container must be se- cured on the flatcar so that it cannot [Amdt. 174–83, 61 FR 28677, June 5, 1996, as amended at 68 FR 75747, Dec. 31, 2003] change position during transit. [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as § 174.57 Cleaning cars. amended by Amdt. 174–26A, 41 FR 40685, Sept. All hazardous material which has 20, 1976; Amdt. 174–38, 45 FR 32698, May 19, leaked from a package in any rail car 1980; Amdt. 174–39, 45 FR 81572, Dec. 11, 1980; or on other railroad property must be Amdt. 174–59, 51 FR 5974, Feb. 18, 1986; Amdt. 174–68, 57 FR 45464, Oct. 1, 1992; Amdt. 174–79, carefully removed. 59 FR 64744, Dec. 15, 1994]

§ 174.59 Marking and placarding of § 174.63 Portable tanks, IM portable rail cars. tanks, IBCs, cargo tanks, and multi- No person may transport a rail car unit tank car tanks. carrying hazardous materials unless it (a) A carrier may not transport a is marked and placarded as required by bulk packaging (e.g., portable tank, IM this subchapter. Placards and car cer- portable tank, IBC, cargo tank, or tificates lost in transit must be re- multi-unit tank car tank) containing a placed at the next inspection point, hazardous material in container-on- and those not required must be re- flatcar (COFC) or trailer-on-flatcar moved at the next terminal where the (TOFC) service except as authorized by train is classified. For Canadian ship- this section or unless approved for ments, required placards lost in tran- transportation by the Associate Ad- sit, must be replaced either by those ministrator for Safety, FRA. required by part 172 of this subchapter (b) A bulk packaging containing a or by those authorized under § 171.12a. hazardous material (including IM 101 [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as and IM 102 when appropriate according amended by Amdt. 174–48, 50 FR 41521, Oct. to dimensions and weight distribution) 11, 1985] may be transported inside a fully closed transport vehicle or fully closed § 174.61 Transport vehicles and freight freight container provided it is prop- containers on flat cars. erly secured with a restraint system (a) A transport vehicle, freight con- that will prevent it from changing po- tainer, or package containing a haz- sition, sliding into other packages, or ardous material must be designed and contacting the side or end walls (in- loaded so that it will not become dam- cluding doors) under conditions nor- aged to an extent that would affect its mally incident to transportation. integrity under conditions normally in- (c) When not transported in conform- cident to transportation. Each unit ance with and subject to paragraph (b) must be secured on a flatcar so that it of this section, a bulk packaging may

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be transported in COFC service or ministrator for Safety, FRA. However, TOFC service subject to the following in the event of an accident or incident, conditions as applicable: no such approval is necessary for the (1) The bulk packaging contains a transportation of a cargo tank con- material packaged in accordance with taining a hazardous material in TOFC § 173.240, 173.241, 173.242, or 173.243 of service under the following condi- this subchapter; tion(s): (2) The tank and flatcar conform to (1) There is an emergency need for requirements in AAR 600 of the AAR the cargo tank in order to mitigate the Specifications for Tank Cars, ‘‘Speci- consequences of an incident; and fications for Acceptability of Tank (2) Movement of the cargo tank is Containers’’ (IBR, see § 171.7 of this limited to transportation necessary for subchapter); emergency purposes. (3) For TOFC service, the trailer chassis conforms to requirements in [Amdt. 174–79, 59 FR 64744, Dec. 15, 1994, as paragraphs 3, 4, 5, and 6 of AAR Speci- amended by 66 FR 45383, Aug. 28, 2001; 68 FR 75747, Dec. 31, 2003] fication M–943, ‘‘Container Chassis For TOFC Service’’ of the AAR specifica- § 174.67 Tank car unloading. tion for ‘‘Specially Equipped Freight Car and Intermodal Equipment’’ (IBR, For transloading operations, the fol- see § 171.7 of this subchapter); lowing rules must be observed: (4) For COFC service, the container (a) General requirements. (1) Unloading support and securement systems con- operations must be performed by form to requirements in Specification hazmat employees properly instructed M–952, ‘‘Intermodal Container Support in unloading hazardous materials and and Securement Systems for Freight made responsible for compliance with Cars’’, of the AAR specification for this section. ‘‘Specially Equipped Freight Car and (2) Each hazmat employee who is re- Intermodal Equipment’’ (IBR, see sponsible for unloading must apply the § 171.7 of this subchapter); handbrake and block at least one wheel (5) If transported in a well car— to prevent movement in any direction. (i) The tank is not in a double- If multiple tank cars are coupled to- stacked configuration (i.e., no freight gether, sufficient hand brakes must be container or portable tank is placed set and wheels blocked to prevent above or below the tank); and movement in both directions. (ii) The tank is transported in the (3) Each hazmat employee who is re- well with its outlet valve facing out- sponsible for unloading must secure ac- ward towards the end of the well and cess to the track to prevent entry by away from any adjacent tank or con- other rail equipment, including motor- tainer; and ized service vehicles. This requirement (6) All securement fittings shall be may be satisfied by lining each switch fully engaged and in the locked posi- providing access to the unloading area tion, provided; however, if the tank is against movement and securing each transported in a well car, it must be switch with an effective locking device, loaded into a well appropriate for the or by using derails, portable bumper length of the container and any void blocks, or other equipment that pro- filling device present must be secured vides and equivalent level of safety. in its designed appropriate position. (4) Each hazmat employee who is re- (d) An approval in effect on February sponsible for unloading must display 28, 1991 for the transportation of port- caution signs on the track or on the able tanks or IM portable tanks in tank cars to warn persons approaching TOFC or COFC service expires on the the cars from the open end of the track date stated in the approval letter or and must be left up until after all clo- June 15, 1995, whichever is later. sures are secured and the cars are in (e) A carrier may not transport a proper condition for transportation. cargo tank or multi-unit tank car tank The caution signs must be of metal or containing a hazardous material in other durable material, rectangular, at TOFC or COFC service unless approved 30.48 cm (12 inches) high by 38.10 cm (15 for such service by the Associate Ad- inches) wide, and bear the word

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‘‘STOP.’’ The word ‘‘STOP’’ must ap- (3) Interior type. All dirt and cinders pear in letters at least 10.16 cm (4 must be carefully removed from around inches) high. The letters must be white the cover before the yoke is unscrewed. on a blue background. Additional (c) When the car is unloaded through words, such as ‘‘Tank Car Connected’’ a bottom outlet valve, the manhole or ‘‘Crew at Work,’’ may also appear in cover must be adjusted as follows: white letters under the word ‘‘STOP.’’ (1) Screw type. The cover must be put (5) The transloading facility operator in place, but not entirely screwed must maintain written safety proce- down, so that air may enter the tank dures (such as those it may already be through the vent holes in threaded required to maintain pursuant to the flange of the cover. Department of Labor’s Occupational (2) Hinged and bolted type. A non-me- Safety and Health Administration re- tallic block must be placed under one quirements in 29 CFR 1910.119 and edge of the cover. 1910.120) in a location where they are (3) Interior type. The screw must be immediately available to hazmat em- tightened up in the yoke so that the ployees responsible for the cover is brought up within one-half transloading operation. inch of the closed position. (6) Before a manhole cover or outlet (d) When unloading through the bot- valve cap is removed from a tank car, tom outlet of a car equipped with an the car must be relieved of all interior interior manhole type cover, and in pressure by cooling the tank with each case where unloading is done water or by venting the tank by raising through the manhole (unless a special the safety valve or opening the dome cover with a safety vent opening and a vent at short intervals. However, if tight connection for the discharge out- venting to relieve pressure will cause a let is used), the manhole must be pro- dangerous amount of vapor to collect tected by asbestos or metal covers outside the car, venting and unloading against the entrance of sparks or other must be deferred until the pressure is sources of ignition of vapor, or by reduced by allowing the car to stand being covered and surrounded with wet overnight or otherwise cooling the con- burlap or similar cloth material. The tents. These precautions are not nec- burlap or other cloth must be kept essary when the car is equipped with a damp by the replacement or the appli- manhole cover which hinges inward or cation of water as needed. with an inner manhole cover which (e) Seals or other substances must does not have to be removed to unload not be thrown into the tank and the the car, and when pressure is relieved contents may not be spilled over the by piping vapor into a condenser or car or tank. storage tank. (f) The valve rod handle or control in (b) After the pressure is released, the the dome must be operated several seal must be broken and the manhole times to see that outlet valve in bot- cover removed as follows: tom of tank is on its seat before valve (1) Screw type. The cover must be cap is removed. loosened by placing a bar between the (g) The valve cap, or the reducer manhole cover lug and knob. After two when a large outlet is to be used, must complete turns, so that vent openings be removed with a suitable wrench are exposed, the operation must be after the set screws are loosened and a stopped, and if there is any sound of es- pail must be placed in position to catch caping vapor, the cover must be any liquid that may be in the outlet screwed down tightly and the interior chamber. If the valve cap or reducer pressure relieved as prescribed in para- does not unscrew easily, it may be graph (a)(4) of this section, before tapped lightly with a mallet or wooden again attempting to remove the cover. block in an upward direction. If leak- (2) Hinged and bolted type. All nuts age shows upon starting the removal, must be unscrewed one complete turn, the cap or reducer may not be entirely after which same precautions as pre- unscrewed. Sufficient threads must be scribed for screw type cover must be left engaged and sufficient time al- observed. lowed to permit controlled escape of

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any accumulation of liquid in the out- (ii) Provide immediate notification let chamber. If the leakage stops or the to a designated hazmat employee of rate of leakage diminishes materially, any system malfunction or other emer- the cap or reducer may be entirely re- gency so that, if warranted, responsive moved. If the initial rate of leakage actions may be initiated immediately. continues, further efforts must be (j) Attendance is not required when made to seat the outlet valve (see para- piping is attached to a top outlet of a graph (f) of this section). If this fails, tank car, equipped with a protective the cap or reducer must be screwed up housing required under § 179.100–12 of tight and the tank must be unloaded this subchapter, for discharge of lading through the dome. If upon removal of under the following conditions: the outlet cap the outlet chamber is (1) All valves are tightly closed. found to be blocked with frozen liquid (2) The piping is not connected to or any other matter, the cap must be hose or other unloading equipment and replaced immediately and a careful ex- is fitted with a cap or plug of appro- amination must be made to determine priate material and construction. whether the outlet casting has been (3) The piping extends no more than cracked. If the obstruction is not fro- 15.24 centimeters (6 inches) from the zen liquid, the car must be unloaded outer edge of the protective housing. through the dome. If the obstruction is (k) In the absence of the unloader, a frozen liquid and no crack has been tank car may stand with unloading found in the outlet casting, the car connections attached when no product may, if circumstances require it, be un- is being transferred under the following loaded from the bottom by removing conditions: the cap and attaching unloading con- (1) The facility operator must des- nections immediately. Before opening ignate a hazmat employee responsible the valve inside the tank car, steam for on-site monitoring of the transfer must be applied to the outside of the facility. The designated hazmat em- outlet casting or wrap casting with ployee must be made familiar with the burlap or other rags and hot water nature and properties of the product must be applied to melt the frozen liq- contained in the tank car; procedures uid. to be followed in the event of an emer- (h) Unloading connections must be gency; and, in the event of an emer- securely attached to unloading pipes gency, have the ability and authority to take responsible actions. on the dome or to the bottom discharge (2) When a signaling system is used outlets before any discharge valves are in accordance with paragraph (i) of this opened. section, the system must be capable of (i) Throughout the entire period of alerting the designated hazmat em- unloading and while a tank car has un- ployee in the event of an emergency loading equipment attached, the facil- and providing immediate notification ity operator must assure that the tank of any monitoring system malfunction. car is: If the monitoring system does not have (1) Attended by a designated hazmat self-monitoring capability, the des- employee who is physically present and ignated hazmat employee must check who has an unobstructed view of the the monitoring system hourly for prop- unloading operation; or er operation. (2) Monitored by a signaling system (3) The tank car and facility shutoff (e.g., video system, sensing equipment, valves must be secured in the closed or mechanical equipment) that is ob- position. served by a designated hazmat em- (4) Brakes must be set and wheels ployee located either in the immediate locked in accordance with paragraph area of the tank car or at a remote lo- (a)(2) of this section. cation within the facility, such as a (5) Access to the track must be se- control room. The signaling system cured in accordance with paragraph must— (a)(3) of this section. (i) Provide a level of surveillance (l) As soon as a tank car is com- equivalent to that provided in subpara- pletely unloaded, all valves must be graph (1) of this paragraph (i); and made tight by the use of a bar, wrench

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or other suitable tool, the unloading classes defined in this subchapter and connections must be removed and all are in packages which are required to other closures made tight. be labeled or placarded under the pro- (m) Railroad defect cards may not be visions of part 172 of this subchapter. removed. (b) When a rail car is to be trans- (n) If oil or gasoline has been spilled ported by vessel, other than a ferry on the ground around connections, it vessel, hazardous materials on or with- must be covered with fresh, dry sand or in that rail car must be stowed and dirt. segregated in accordance with (o) All tools and implements used in § 176.83(b) of this subchapter. connection with unloading must be kept free of oil, dirt, and grit. (c) Except as provided in § 173.12(e) of this subchapter, cyanides, cyanide mix- [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as tures or solutions may not be stored, amended by Amdt. 174–26A, 41 FR 40685, Sept. loaded and transported with acids, and 20, 1976; Amdt. 174–43, 48 FR 27699, June 16, 1983; Amdt. 174–68, 55 FR 52678, Dec. 21, 1990; Division 4.2 materials may not be 56 FR 66280, Dec. 20, 1991; Amdt. 174–81, 60 FR stored, loaded and transported with 49111, Sept. 21, 1995; Amdt. 174–83, 61 FR 28678, Class 8 liquids. June 5, 1996; 68 FR 61941, Oct. 30, 2003; 70 FR (d) Except as otherwise provided in 20034, Apr. 15, 2005; 72 FR 55693, Oct. 1, 2007] this subchapter, hazardous materials § 174.81 Segregation of hazardous ma- must be stored, loaded or transported terials. in accordance with the following table (a) This section applies to materials and other provisions of this section: which meet one or more of the hazard

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3 4.1 4.2 4.3 5.1 5.2 ATERIALS M Zone B 2.3 gas AZARDOUS Zone A 2.3 gas H ABLE FOR T EGREGATION S 1.3 1.4 1.5 1.6 2.1 2.2 1.2 1.1, A * * * * * X X X X 1.2 A 1.5 * * * * * X 1.6 X * X 2.2 X X X X X 4.2 O 4.3 X X X O X 6.1 X X O X O O X O X X X X Class or Division Notes sives. explosives. mable gases. tible materials. materials. Zone A. Explosives ...... 1.1 and Explosives ...... Explosives ...... Very insensitive explo- 1.3 A 1.4 Extremely insensitive gases...... BZone * X Flammable * O Zone 2.3 Non-toxic, non-flam- 2.1 gas X 2.3 gas O Poisonous liquids...... X X X O Poisonous X X O O X Flammable X X O X O Flammable solidsX ...... X X X 3 X Spontaneously combus- X O O 4.1 Dangerous when wet X X X O X X OxidizersA X ...... X Organic peroxides ...... Poisonous liquids PG I O X 5.1 liquids...... 5.2 Radioactive materials O ...Corrosive O X O X X 8 7 O O O X X X X O X X X X X O X X X O X O O O O O X O O X O X X O X X O O

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(e) Instructions for using the segrega- (4) The ‘‘*’’ in the table indicates tion table for hazardous materials in that segregation among different Class paragraph (d) of this section are as fol- 1 (explosive) materials is governed by lows: the compatibility table in paragraph (f) (1) The absence of any hazard class or of this section. division, or a blank space in the table (5) The note ‘‘A’’ in the second col- indicates that no restrictions apply. umn of the table means that, notwith- (2) The letter ‘‘X’’ in the table indi- standing the requirements of the letter cates that these materials may not be ‘‘X’’, ammonium nitrate fertilizer may loaded, transported, or stored together be loaded or stored with Division 1.1 (explosive) or Division 1.5 materials. in the same rail car or storage facility (6) When the § 172.101 table or § 172.402 during the course of transportation. of this subchapter requires a package (3) The letter ‘‘O’’ in the table indi- to bear a subsidiary hazard label, seg- cates that these materials may not be regation appropriate to the subsidiary loaded, transported, or stored together hazard must be applied when that seg- in the same rail car or storage facility regation is more restrictive than that during the course of transportation un- required by the primary hazard. How- less separated in a manner that, in the ever, hazardous materials of the same event of leakage from packages under class may be loaded and transported conditions normally incident to trans- together without regard to segregation portation, commingling of hazardous required by any secondary hazard if the materials would not occur. Notwith- materials are not capable of reacting standing the methods of separation em- dangerously with each other and caus- ployed, Class 8 (corrosive) liquids may ing combustion or dangerous evolution not be loaded above or adjacent to of heat, evolution of flammable, poi- Class 4 (flammable) or Class 5 (oxi- sonous, or asphyxiant gases, or forma- dizing) materials; except that shippers tion of corrosive or unstable materials. may load carload shipments of such (f) Class 1 (explosive) materials may materials together when it is known not be loaded, transported, or stored that the mixture of contents would not together, except as provided in this cause a fire or a dangerous evolution of section, and in accordance with the fol- heat or gas. lowing table:

COMPATIBILITY TABLE FOR CLASS 1 (EXPLOSIVE) MATERIALS

Compatibility group A B C D E F G H J K L N S

A ...... X X X X X X X X X X X X B ...... X X 4 X X X X X X X X 4/5 C ...... X X 2 2 X 6 X X X X 3 4/5 D ...... X 4 2 2 X 6 X X X X 3 4/5 E ...... X X 2 2 X 6 X X X X 3 4/5 F ...... X X X X X X X X X X X 4/5 G ...... X X 6 6 6 X X X X X X 4/5 H ...... X X X X X X X X X X X 4/5 J ...... X X X X X X X X X X X 4/5 K ...... X X X X X X X X X X X 4/5 L ...... X X X X X X X X X X 1 X X N ...... X X 3 3 3 X X X X X X 4/5 S ...... X 4/5 4/5 4/5 4/5 4/5 4/5 4/5 4/5 4/5 X 4/5

(g) Instructions for using the compat- the same rail car, unless packed in sep- ibility table for Class 1 (explosive) ma- arate freight containers (e.g., two or terials in paragraph (f) of this section more freight containers mounted upon are as follows: the same rail car). (1) A blank space in the table indi- (3) The numbers in the table mean cates that no restrictions apply. the following: (2) The letter ‘‘X’’ in the table indi- (i) ‘‘1’’ means explosives from com- cates that explosives of different com- patibility group L may only be carried patibility groups may not be carried on

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on the same rail car with an identical Subpart D—Handling of Placarded explosive. Rail Cars, Transport Vehicles (ii) ‘‘2’’ means any combination of ex- and Freight Containers plosives from compatibility group C, D, or E is assigned to compatibility group § 174.82 General requirements for the E. handling of placarded rail cars, (iii) ‘‘3’’ means any combination of transport vehicles, freight con- explosives from compatibility group C, tainers, and bulk packages. D, or E with those in compatibility (a) Unless otherwise specified, this group N is assigned to compatibility subpart does not apply to the handling group D. of rail cars, transport vehicles, freight (iv) ‘‘4’’ means detonators and deto- containers, or bulk packagings, which nating primers, Division 1.4S (explo- contain Division 1.6, combustible liq- sives), may not be loaded in the same uids, Division 6.1 PG III materials, car with Division 1.1 and 1.2 (explosive) Class 9 materials, or ORM-D materials. materials. (b) A placarded rail car, transport ve- hicle, freight container, or bulk pack- (v) ‘‘5’’ means Division 1.4S fireworks age may not be transported in a pas- may not be loaded in the same car with senger train. Division 1.1 or 1.2 (explosive) materials. (vi) ‘‘6’’ means explosive articles in [Amdt. 174–68, 55 FR 52680, Dec. 21, 1990, as compatibility group G, other than fire- amended at 56 FR 66281, Dec. 20, 1991; 57 FR works and those requiring special stow- 45464, Oct. 1, 1992; Amdt. 174–74, 58 FR 51533, Oct. 1, 1993] age, may be loaded and transported with articles of compatibility groups C, § 174.83 Switching placarded rail cars, D and E, provided no explosive sub- transport vehicles, freight con- stances are carried in the same rail tainers, and bulk packagings. car. (a) In switching operations where the (h) Except as provided in paragraph use of hand brakes is necessary— (i) of this section, explosives of the (1) It must be determined by trial same compatibility group but of dif- whether a loaded, placarded car, or a ferent divisions may be transported to- car occupied by a rider in a draft con- gether provided that the whole ship- taining a placarded car, has its hand ment is transported as though its en- brakes in proper working condition be- tire contents were of the lower numer- fore it is cut off; ical division (i.e., Division 1.1 being (2) A loaded, placarded tank car or a lower than Division 1.2). For example, draft which includes a loaded placarded a mixed shipment of Division 1.2 (ex- tank car may not be cut off until the plosive) materials and Division 1.4 (ex- preceeding rail car clears the ladder plosive) materials, compatibility group track; and D, must be transported as Division 1.2 (3) A loaded, placarded tank car or a (explosive) materials. draft which includes a loaded placarded (i) When Division 1.5 materials, com- tank car must clear the ladder track patibility group D are transported in before another rail car is allowed to the same freight container as Division follow. 1.2 (explosive) materials, compatibility (b) Any loaded rail car placarded for group D, the shipment must be trans- a Division 1.1 or Division 1.2 explosive, a Division 2.3 Hazard Zone A gas or a ported as Division 1.1 (explosive) mate- Division 6.1 PG I Hazard Zone A mate- rials, compatibility group D. rial, or a Class DOT 113 tank car dis- [Amdt. 174–68, 55 FR 52678, Dec. 21, 1990, as playing a Division 2.1 (flammable gas) amended at 56 FR 66280–66281, Dec. 20, 1991; 57 placard, including a Class DOT 113 tank FR 45464, Oct. 1, 1992; Amdt. 174–68, 57 FR car containing only a residue of a Divi- 59310, Dec. 15, 1992; Amdt. 174–75, 58 FR 50237, sion 2.1 material, may not be: Sept. 24, 1993; Amdt. 174–83, 61 FR 51339, Oct. (1) Cut off while in motion; 1, 1996; 64 FR 10781, Mar. 5, 1999; 66 FR 45383, (2) Coupled into with more force than Aug. 28, 2001; 67 15743, Apr. 3, 2002; 70 FR 3310, is necessary to complete the coupling; Jan. 24, 2005] or

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(3) Struck by any car moving under § 174.84 Position in train of loaded its own momentum. placarded rail cars, transport vehi- (c) A placarded flatcar, or a flatcar cles, freight containers or bulk carrying a placarded transport vehicle, packagings when accompanied by guards or technical escorts. freight container, or bulk packaging under this subchapter may not be cut A rail car placarded in Division 1.1 or off while in motion. 1.2 (explosive); Division 2.3 (Hazard (d) No rail car moving under its own Zone A; poisonous gas); or Division 6.1 momentum may be permitted to strike (PG I, Hazard Zone A; poisonous liquid) in a moving or standing train must be any placarded flatcar or any flatcar next to and ahead of any car occupied carrying a placarded transport vehicle, by the guards or technical escorts ac- freight container, or bulk packaging. companying the placarded rail car. (e) No placarded flatcar or any flat- However, if a rail car occupied by the car carrying a placarded transport ve- guards or technical escorts has tem- hicle, freight container, or bulk pack- perature control equipment in oper- aging may be coupled into with more ation, it must be the fourth car behind force than is necessary to complete the any car requiring Division 1.1 or 1.2 coupling. (explosive) placards. (f) When transporting a rail car, [Amdt. 174–68, 55 FR 52680, Dec. 21, 1990, as transport vehicle, or freight container amended at 56 FR 66281, Dec. 20, 1991; 66 FR placarded for Division 1.1 or 1.2 (explo- 45383, Aug. 28, 2001] sive) materials in a terminal, yard, or on a side track or siding, the placarded § 174.85 Position in train of placarded rail car must be separated from the en- cars, transport vehicles, freight gine by at least one non-placarded rail containers, and bulk packagings. car and must be placed in a location so (a) Except as provided in paragraphs that it will be safe from danger of fire. (b) and (c) of this section, the position A rail car, transport vehicle, or freight in a train of each loaded placarded car, container placarded for Division 1.1 or transport vehicle, freight container, 1.2 (explosive) materials may not be and bulk packaging must conform to placed under a bridge or overhead the provisions of this section. (b) A car placarded ‘‘RADIOACTIVE’’ crossing, or in or alongside a passenger must comply with train positioning re- shed or station, except during transfer quirements of paragraph (d) of this sec- operations. tion and must be separated from a lo- [Amdt. 174–68, 55 FR 52680, Dec. 21, 1990, as comotive, occupied caboose, or carload amended at 56 FR 66281, Dec. 20, 1991; Amdt. of undeveloped film by at least one 174–75, 58 FR 50237, Sept. 24, 1993; Amdt. 174– non-placarded car. 77, 59 FR 48549, Sept. 21, 1994; Amdt. 174–83, 61 (c) A tank car containing the residue FR 51339, Oct. 1, 1996; 66 FR 45383, Aug. 28, of a hazardous material must be sepa- 2001] rated from a locomotive or occupied caboose by at least one rail car other than a placarded tank car. (d) Position of rail cars in a train. In the following table:

POSITION IN TRAIN OF PLACARDED CARS TRANSPORTING HAZARDOUS MATERIALS

Placard Placard Group Placard Group Placard Group 1 2 3 Group 4 RESTRICTIONS Tank Rail Tank Rail Rail Car Car Car Car Car Rail Car

1. When train length permits, placarded car may not be nearer than X X X the sixth car from the engine or occupied caboose. 2. When train length does not permit, placarded car must be placed X X X near the middle of the train, but not nearer than the second car from an engine or occupied caboose. 3. A placarded car may not be placed next to an open-top car when X X X any of the lading in the open top car protrudes beyond the car ends, or if the lading shifted, would protrude beyond the car ends..

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POSITION IN TRAIN OF PLACARDED CARS TRANSPORTING HAZARDOUS MATERIALS—Continued

Placard Placard Group Placard Group Placard Group 1 2 3 Group 4 RESTRICTIONS Tank Rail Tank Rail Rail Car Car Car Car Car Rail Car

4. A placarded car may not be placed next to a loaded flat car, ex- X X X cept closed TOFC/COFC equipment, auto carriers, and other spe- cially equipped cars with tie-down devices for securing vehicles. Permanent bulk head flat cars are considered the same as open- top cars. 5. A placarded car may not be placed next to any transport vehicle X X X or freight container having an internal combustion engine or an open-flame device in operation.. 6. Placarded cars may not be placed next to each other based on the following: Placard Group 1...... X X X X X Placard Group 2 ...... X X X X Placard Group 3 ...... X X X X Placard Group 4...... X X X X X PLACARD GROUP: Group 1—Divisions 1.1 and 1.2 (explosive) materials. Group 2—Divisions 1.3, 1.4, 1.5 (explosive), Class 2 (compressed gas; other than Div 2.3, PG I, Zone A), Class 3 (flammable liquid), Class 4 (flammable solid), Class 5 (oxidizing), Class 6 (poisonous liquid; other than Div 6.1, PG I, Zone A), and Class 8 (corrosive) materials. Group 3—Divisions 2.3 (Zone A; poisonous gas) and 6.1 (PG I, Zone A; poisonous liquid) materials. Group 4—Class 7 (radioactive) materials.

(1) Where an ‘‘X’’ appears at the Subpart E—Class I (Explosive) intersection of a Placard Group column Materials and a Restriction row, the cor- responding restriction applies. § 174.101 Loading Class 1 (explosive) (2) ‘‘Rail Car’’ means a car other than materials. a tank car. (a) Boxes containing Division 1.1 or (3) For purposes of this subpart, each 1.2 (explosive) materials must be load- unit of an articulated intermodal rail ed so that the ends of wooden boxes car shall be considered as one car. will not bear against sides of any fiber- board boxes and so that the ends of any [Amdt. 174–68, 55 FR 52680, Dec. 21, 1990, as box will not cause a pressure point on amended at 57 FR 45464, Oct. 1, 1992; Amdt. a small area of another box. 174–83, 61 FR 28678, June 5, 1996; Amdt.174–83, (b) Explosive bombs, unfuzed projec- 61 FR 50255, Sept. 25, 1996; Amdt. 174–83, 61 tiles, rocket ammunition and rocket FR 51339, Oct. 1, 1996; 64 FR 51919, Sept. 27, motors, Division 1.1, 1.2, or 1.3 (explo- 1999; 66 FR 45383, Aug. 28, 2001] sive) materials, which are not packed § 174.86 Maximum allowable operating in wooden boxes, or large metal pack- speed. ages of incendiary bombs, each weigh- ing 226 kg (500 pounds) or more, may be (a) For molten metals and molten loaded in stock cars or in flat bottom glass shipped in packagings other than gondola cars only if they are ade- those prescribed in § 173.247 of this sub- quately braced. Boxed bombs, rocket chapter, the maximum allowable oper- ammunition and rocket motors, Divi- ating speed may not exceed 24 km/hour sion 1.1, 1.2, or 1.3 (explosive) mate- (15 mph) for shipments by rail. rials, which due to their size cannot be (b) For trains transporting any load- loaded in closed cars, may be loaded in ed, placarded tank cars containing a open-top cars or on flatcars, provided material poisonous by inhalation, the they are protected from the weather maximum allowable operating speed and accidental ignition. may not exceed 80.5 km/hour (50 mph) (c) Boxes of Division 1.1 or 1.2 (explo- for shipments by rail. sive) materials packed in long car- tridges, bags, or sift-proof liners, and [74 FR 1801, Jan. 13, 2009] containing no liquid explosive ingre- dient, may be loaded on their sides or ends.

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(d) Division 1.1 or 1.2 (explosive) ma- car’’ or ‘‘way car’’ the shipment for terials may not be loaded higher than each destination must be stayed sepa- any permanent car lining unless addi- rately. tional lining is provided as high as the (j) Forwarding and transfer stations lading. for Class 1 (explosive) materials must (e) When the lading of a car includes be provided with the necessary mate- any Class 1 (explosive) materials, the rials for staying. weight of the lading must be distrib- (k) Shippers must furnish the mate- uted insofar as possible to equalize the rial for staying packages of Class 1 (ex- weight on each side of the car and over plosive) materials loaded by them. the trucks. (l) Division 1.1 or 1.2 (explosive) ma- (f) Except when boxed, metal kegs terials may not be loaded, transported, containing Class 1 (explosive) mate- or stored in a rail car equipped with rials must be loaded on their sides with any type of lighted heater or open- their ends toward the ends of the car. flame device, or electric devices having Packages of Class 1 (explosive) mate- exposed heating coils, or in a rail car rials may not be placed in the space op- equipped with any apparatus or mecha- posite the doors unless the doorways nism utilizing an internal combustion are boarded on the inside as high as the engine in its operation. lading. This paragraph does not apply (m) [Reserved] to palletized packages if they are (n) A container car or freight con- braced so they cannot fall or slide into tainer on a flatcar or a gondola car the doorways during transportation. other than a drop-bottom car, when (g) Wooden kegs, fiber kegs, barrels, properly loaded, blocked, and braced to and drums must be loaded on their prevent change of position under condi- sides or ends, to best suit the condi- tions normally incident to transpor- tions. tation, may be used to transport any (h) Packages containing any Division Division 1.1 or 1.2 (explosive) material 1.1 or 1.2 (explosive) materials for (see except black powder packed in metal § 174.104), detonators, detonator assem- containers. A freight container must be blies, or boosters with detonators must designed, constructed, and maintained be securely blocked and braced to pre- so as to be weather tight and capable of vent the packages from changing posi- preventing the entrance of sparks. In tion, falling to the floor, or sliding into addition: each other, under conditions normally (1) A freight container must be of incident to transportation. Class 1 (ex- such design and so braced as to show no plosive) materials must be loaded so as evidence of failure of the container or to avoid transfer at stations. For rec- the bracing when subjected to impact ommended methods of blocking and from each end of at least 13 km (8.1 bracing, see Bureau of Explosives Pam- miles) per hour. Its efficiency shall be phlets No. 6 and 6A. Heavy packages or determined by actual test, using containers must be trucked, rolled, or dummy loads equal in weight and gen- moved by skids, fork trucks, or other eral character to material to be handling devices and may not be shipped. dropped from trucks, platforms, or (2) A container car or car which is cars. Planks for rolling trucks from loaded with freight containers must be platforms to cars must have beveled placarded with the Class 1 (explosive) ends. Loading platforms and the shoes materials placards as required by sub- of each workman must be free from part F of part 172 of this subchapter grit. All possible precautions must be and with properly executed car certifi- taken against fire. Class 1 (explosive) cates as required by § 174.104. materials must be kept in a safe place (3) Lading must be so loaded, and inaccessible to unauthorized per- blocked, and braced within the freight sons while being held by a carrier for container that it will not change posi- loading or delivery. tion under impact from each end of at (i) To prevent delays of local freight least 13 km (8.1 miles) per hour. trains, when there are shipments of (o) Division 1.1, 1.2, or 1.3 (explosive) Class 1 (explosive) materials for dif- materials may be loaded and trans- ferent destinations loaded in a ‘‘peddler ported in a tight closed truck body or

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trailer on a flatcar. Wooden boxed trols or the source of power for their bombs, rocket ammunition, and rocket operations. motors, Division 1.1, 1.2, or 1.3 (explo- [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as sive) materials, which due to their size amended by Amdt. 174–26A, 41 FR 40685, Sept. cannot be loaded in tight, closed truck 20, 1976; Amdt. 174–26B, 41 FR 57071, Dec. 30, bodies or trailers, may be loaded in or 1976; Amdt. 174–36, 44 FR 70732, Dec. 10, 1979; on open-top truck bodies or trailers. Amdt. 174–59, 51 FR 5974, Feb. 18, 1986; Amdt. However, they must be protected 174–68, 55 FR 52681, Dec. 21, 1990; Amdt. 174–83, against accidental ignition. In addi- 61 FR 51339, Oct. 1, 1996; 66 FR 45383, Aug. 28, 2001] tion: (1) Each truck body or trailer must § 174.102 Forbidden mixed loading and meet the requirements of part 177 of storage. this subchapter, applicable to ship- (a) Division 1.1 or 1.2 (explosive) ma- ments of Class 1 (explosive) materials terials and initiating or priming explo- by motor vehicle. sives may not be transported together (2) Each truck body or trailer must in the same rail car. Additionally, they be so secured on the rail car so that it may not be transported or loaded in will not permanently change position the same rail car or stored on carrier or show evidence of failure or impend- property with charged electric storage ing failure of the method of securing batteries or with any hazardous mate- the truck body or trailer under impact rial for which a NONFLAMMABLE from each end of at least 13 km (8.1 GAS, FLAMMABLE GAS, FLAM- miles) per hour. Its efficiency shall be MABLE LIQUID, FLAMMABLE determined by actual test, using SOLID, OXIDIZER, ORGANIC PER- dummy loads equal in weight and gen- OXIDE, RADIOACTIVE or CORROSIVE eral character to the material to be label is required. shipped. For recommended methods of (b) Class 1 (explosive) materials may blocking and bracing, see Bureau of Ex- not be loaded together or with other plosives Pamphlet 6C. hazardous materials, except as pro- (3) Lading must be so loaded, vided in § 174.81. See § 174.104 for loading blocked, and braced within or on the shipments of Class 1 (explosive) mate- truck body or trailer that it will not rials or any other material in a plac- change position under impact from arded and certified car containing a each end of at least 13 km (8.1 miles) shipment of Division 1.1 or 1.2 (explo- per hour. For recommended methods of sive) materials. blocking and bracing see Bureau of Ex- [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as plosives Pamphlet 6C. amended by Amdt. 174–68, 55 FR 52681, Dec. (4) Each rail car containing Class 1 21, 1990; 66 FR 45383, Aug. 28, 2001] (explosive) materials and each rail car loaded with truck bodies, trailers or § 174.103 Disposition of damaged or astray shipments. containers containing Class 1 (explo- sive) materials must be placarded with (a) Packages of Class 1 (explosive) Class 1 (explosive) materials placards materials found damaged or broken in as required by subpart F of part 172 of transit may be repaired when prac- this subchapter and with properly exe- ticable and not dangerous. A broken cuted car certificates as required by box of Division 1.1 or 1.2 (explosive) § 174.104. materials that cannot be repaired must (5) Each fuel tank of a heater or re- be reinforced by stout wrapping paper frigerating machinery on the truck and twine, placed in another strong box bodies or trailers must be drained and and surrounded by dry, fine sawdust or dry and clean cotton waste or elastic all automatic heating or refrigerating wads made from dry newspapers. A rup- machinery must be made inoperative tured can or keg must be sealed and en- by disconnection of the automatic con- closed in a strong cloth bag of good quality and boxed. Damaged packages thus protected and properly marked may be forwarded. The box and waybill

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must be marked to indicate that it has must be made as prescribed by para- been repacked. graphs (c) and (d) of this section. (b) Care must be exercised in repack- [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as ing damaged containers so that no amended by Amdt. 174–68, 55 FR 52681, Dec. spark is produced by contact of metal 21, 1990; 66 FR 45383, Aug. 28, 2001] or other hard surfaces which could ig- nite loose particles of explosive com- § 174.104 Division 1.1 or 1.2 (explosive) materials; car selection, prepara- positions that may be strewn on car tion, inspection, and certification. floors or freight. In addition, the car floors must be thoroughly swept, and (a) Except as provided in § 174.101 (b), washed with a plentiful supply of (n), and (o), Division 1.1 or 1.2 (explo- sive) materials being transported by water. Iron-wheel trucks, metal ham- rail may be transported only in a cer- mers, or other metal tools that may tified and properly placarded closed car produce sparks may not be used. Metal of not less than 36,300 kg (80,028 pounds) tools must be limited to those made of capacity, with steel underframes and brass, bronze, or copper. friction draft gear or cushioned (c) Each package of Class 1 (explo- underframe, except that on a narrow- sive) materials showing evidence of gauge railroad they may be trans- leakage of liquid ingredients must: ported in a car of less capacity as long (1) Be refused if leakage is discovered as the car of greatest capacity and before acceptance; strength available is used. (2) Be disposed of to a person who is (b) Each rail car used for trans- competent and willing to remove them porting Division 1.1 or 1.2 (explosive) from the carrier’s property, if the leak- materials must meet the following re- age is discovered while the shipment is quirements as applicable: in transit; or (1) The car must be equipped with air (3) Be removed immediately by con- brakes, hand brakes, and roller bear- signee, if the leakage is discovered at ings which are in condition for service. the shipment’s destination. (2) The car may not have any holes or cracks in the roof, sides, ends, or doors (d) When the disposition required by through which sparks may enter, or paragraph (c) of this section cannot be unprotected decayed spots which may made, the leaking package must be hold sparks and start a fire. packed in other boxes large enough to (3) The roof of the car must be care- permit enclosure and the leaking boxes fully inspected from the outside for de- must be surrounded by at least 5 cm (2 cayed spots, especially under or near inches) of dry, fine sawdust or dry and the running board, and such spots must clean cotton waste, and be stored in a be covered or repaired to prevent their station magazine or other safe place holding fire from sparks. A car with a until the arrival of an inspector of the roof generally decayed, even if tight, Bureau of Explosives, or other author- may not be used. ized person, to superintend the destruc- (4) The doors must close tightly so tion or disposition of the condemned that sparks cannot get in at the joints, material. and, if necessary to achieve this degree (e) If careful inspection shows that of tightness, the doors must be an astray shipment of Class 1 (explo- stripped. The stripping should be sive) materials is in proper condition placed on the inside and fastened to the for safe transportation, it must be for- door frames where it will form a shoul- warded immediately to its destination der against which the closed doors are if known, or returned to the shipper by pressed by means of wedges or cleats in door shoes or keepers. The openings the most practicable route. under the doors should be similarly (f) When a package in an astray ship- closed. The hasp fastenings must be ex- ment is not in proper condition for safe amined with the doors closed and fas- transportation (see paragraphs (a), (c), tened, and the doors must be cleated and (d) of this section), or when the when necessary to prevent them from name and address of the consignee and shifting. When the car is opened for the shipper are unknown, disposition any reason, the wedges or cleats must

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be replaced before car containing Class this type of brake shoe. Each brake 1 (explosive) materials is permitted to shoe on the car must be at least 1 cm proceed. (0.4 inch) thick, and in safe and suit- (5) The roller bearings and the trucks able condition for service. must be carefully examined and put in (11) The car must have either a metal such condition as to reduce to a min- subfloor with no combustible material imum the danger of hotboxes or other exposed beneath the car, or metal failure necessitating the setting out of spark shields extending from center the car before reaching its destination. sill to side sills and from end sills to at (6) The car must be carefully swept least 30 cm (12 inches) beyond the ex- out before it is loaded. For less-than- treme treads of the inside wheels of carload shipments the space in which each truck, which are tightly fitted the packages are to be loaded must be against the subfloor so that there is no carefully swept. If evidence of a poten- vacant space or combustible material tial hazardous residue is apparent after exposed. The metal subfloor or spark the floor has been swept, the carrier must either decontaminate the car or shields may not have an accumulation provide a suitable substitute car. of oil, grease, or other debris which (7) Any holes in the floor or lining could support combustion. must be repaired and special care (c) Before Division 1.1 or 1.2 (explo- taken that there are no projecting sive) materials may be loaded into a nails or bolts or exposed pieces of rail car, the car must have been in- metal which may work loose or spected and certified to be in compli- produce holes in packages of Class 1 ance with the requirements of para- (explosive) materials during transit. graph (b) of this section by a qualified Protruding nails in the floor or lining person designated under § 215.11 of this which have worked loose must be title. The certification shall be made in drawn, and if necessary for the purpose Car Certificate No. 1 on the form pre- of fastening the floor or lining, new scribed in paragraph (f) of this section. nails must be driven through other (d) If the carrier furnishes the car to parts thereof. a shipper for loading Division 1.1 or 1.2 (8) Metal floor plates must be com- (explosive) materials, the shipper or pletely covered with wood, plywood, or his authorized employee shall, before fiber or composition sheets of adequate commencing the loading of the car, in- thickness and strength to prevent con- spect the interior thereof, and after tact of the floor plates with the pack- loading certify to the proper condition ages of Class 1 (explosive) materials of the car and the loading. This certifi- under conditions incident to transpor- cation shall be made on the first signa- tation, except that the covering of ture line in Car Certificate No. 2 on the metal floor plates is not necessary for form prescribed in paragraph (f) of this carload shipments loaded by the De- section. In addition, the finished load partment of Defense provided the Class must be inspected and certified to be in 1 (explosive) materials are of such na- compliance with the requirements of ture that they are not liable to leakage of dust, powder, or vapor which might this part by a qualified person des- become the cause of an explosion. ignated under § 215.11 of this title be- (9) If the car is equipped with auto- fore the car goes forward. This certifi- mobile loading devices, it may not be cation shall be made on the second sig- used unless the loading device is se- nature line in Car Certificate No. 2 on curely attached to the roof of the car the form prescribed in paragraph (f) of with fastenings supplementing those this section. If the loading is performed already provided and so fixed that it by the carrier, Car Certificate No. 2 cannot fall. may only be signed by a qualified per- (10) The car must be equipped with son designated under § 215.11 of this high-friction composition brake shoes title. (except metal deck flat cars used for (e) If a trailer or container con- COFC/TOFC service may be equipped taining Division 1.1 or 1.2 (explosive) with high phosphorus cast iron brake- materials is loaded on a flatcar, the shoes) and brake rigging designed for loading and securing of the load on the

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car must be supervised by a representa- NOTE 3: Car certificates remaining on hand tive of the shipper or carrier. The cer- as of the effective date of these regulations tification shall be made in Car Certifi- may be used until stocks are exhausted but cate No. 3 on the form prescribed in not after July 1, 1977. paragraph (f) of this section. [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976] (f) Each car certificate for use in con- EDITORIAL NOTE: For FEDERAL REGISTER ci- nection with the inspection of rail cars tations affecting § 174.104, see the List of CFR for the carriage of Division 1.1 or 1.2 Sections Affected which appears in the Find- (explosive) materials shall be printed ing Aids section of the printed volume and on strong tag board measuring 18 by 18 on GPO Access. cm (7.1 by 7.1 inches) or 15 by 20 cm (5.9 by 7.9 inches). It must be duly executed § 174.105 Routing shipments, Division in triplicate by the carrier, and by the 1.1 or 1.2 (explosive) materials. shipper if he loads the shipments. The Before a shipment of Division 1.1 or original must be filed by the carrier at 1.2 (explosive) materials destined to a the forwarding station in a separate point beyond the lines of the initial file and the other two must be attached carrier is accepted from the shipper, to the car, one to each outer side on a the initial carrier shall ascertain that fixed placard board or as otherwise pro- the shipment can go forward by the vided. route designated. To avoid delays en llllllllllllllllRailroad route, the initial carrier must be in possession of full rate information be- CAR CERTIFICATE fore forwarding the shipment. No. 1 lllllll Station lllllllll 19ll. [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as I hereby certify that I have this day per- amended by Amdt. 174–68, 55 FR 52682, Dec. sonally examined Car Number lll and 21, 1990; 66 FR 45383, Aug. 28, 2001] that the car is in condition for service and complies with the FRA Freight Car Safety § 174.106 ‘‘Order-Notify’’ or ‘‘C.O.D.’’ Standards (49 CFR part 215) and with the re- shipments, Division 1.1 or 1.2 (ex- quirements for freight cars used to transport plosive) materials. explosives prescribed by the DOT Hazardous (a) A carrier may not accept for Materials Regulation (49 CFR part 174). transportation Division 1.1 or 1.2 (ex- Qualified Person Designated Under plosive) materials, detonators, or deto- 49 CFR 215.11 nating primers in any quantity when No. 2 lllllll Station lllllllll consigned to ‘‘order-notify’’ or 19ll. ‘‘C.O.D.’’, except on a through bill of I have this day personally examined the lading to a place outside the United above car and hereby certify that the explo- sives in or on this car, or in or on vehicles or States. in containers have been loaded and braced; (b) A carrier may not accept for that placards have been applied, according to transportation Division 1.1 or 1.2 (ex- the regulations prescribed by the Depart- plosive) materials, detonators, or deto- ment of Transportation; and that the doors nating primers which the shipper con- of cars so equipped fit or have been stripped signs to himself unless the shipper has so that sparks cannot enter. a resident representative to receive Shipper or his authorized agent them at the delivery point. (c) A carrier may not accept Division Qualified Person Designated Under 1.1 or 1.2 (explosive) materials for 49 CFR 215.11 transportation subject to ‘‘stop-off No. 3 lllllll Station lllllllll 19ll. privileges en route for partial loading I hereby certify that I have this day per- or unloading.’’ sonally supervised the loading of the vehi- [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as cles or containers on and their securement amended by Amdt. 174–36, 44 FR 70732, Dec. to the above car. 10, 1979; Amdt. 174–68, 55 FR 52682, Dec. 21, Shipper or railway employee inspecting 1990; 66 FR 45383, Aug. 28, 2001] loading and securement § 174.110 Car magazine. NOTE 1: A shipper must decline to use a car not in proper condition. When specially authorized by the car- NOTE 2: All certificates, where applicable, rier, Division 1.1 or 1.2 (explosive) ma- must be signed. terials in quantity not exceeding 68 kg

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(150 pounds) may be carried in con- bracing see Bureau of Explosives Pam- struction or repair cars if the packages phlet No. 6. of Class 1 (explosive) materials are (c) Division 1.3 materials and Divi- placed in a ‘‘magazine’’ box made of sion 1.2 (explosive) materials may not sound lumber not less than 2.5 cm (0.98 be transported in a truck body, trailer, inch) thick, covered on the exterior or container on a flatcar unless: with metal, and provided with strong (1) The truck body, trailer, or con- handles. The box must be plainly sten- tainer is closed and tight; ciled on the top, sides, and ends, in let- (2) All automatic heating or refrig- ters not less than 5 cm (2 inches) high, erating machinery with which the ‘‘EXPLOSIVES—DANGEROUS—HAN- truck body, trailer, or container is DLE CAREFULLY’’. The box must be equipped is inoperative; and provided with strong hinges and with a (3) Packages of Division 1.3 materials lock for keeping it securely closed. Va- and Division 1.2 (explosive) materials cant space in the box must be filled are blocked and braced within the with a cushioning material such as truck body, trailer, or container to pre- sawdust or excelsior, and the box must vent their shifting and possible damage be properly stayed to prevent shifting due to shifting of other freight during within the car. The car must be plac- transportation (ends, sidewalls, or arded with EXPLOSIVES 1.1 or 1.2 (EX- doors of the truck body, trailer, or con- PLOSIVES A) placards when the maga- tainer may not be relied on to prevent zine contains Division 1.1 or 1.2 (explo- the shifting of heavy loads). For rec- sive) materials. ommended methods of blocking and [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as bracing see Bureau of Explosives Pam- amended by Amdt. 174–26A, 41 FR 40685, Sept. phlet No. 6C. See § 174.101(o). 20, 1976; Amdt. 174–68, 55 FR 52682, Dec. 21, [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as 1990; 66 FR 45383, Aug. 28, 2001; 68 FR 61942, amended by Amdt. 174–26B, 41 FR 57072, Dec. Oct. 30, 2003] 30, 1976; Amdt. 174–68, 55 FR 52682, Dec. 21, 1990; Amdt. 174–83, 61 FR 51339, Oct. 1, 1996; 66 § 174.112 Loading Division 1.3 mate- FR 45383, Aug. 28, 2001; 68 FR 61942, Oct. 30, rials and Division 1.2 (explosive) 2003] materials (Also see § 174.101). (a) Division 1.3 materials and Divi- § 174.114 Record to be made of change sion 1.2 (explosive) materials may not of seals on ‘‘Cars loaded with Divi- be loaded, transported or stored in a sion 1.1 or 1.2 (explosive) mate- rail car equipped with any type of rials’’. lighted heater or open-flame device, or When a car seal is changed on a car in a rail car equipped with any appa- requiring ‘‘EXPLOSIVES 1.1 or EX- ratus or mechanism utilizing an inter- PLOSIVES 1.2 (EXPLOSIVES A) plac- nal combustion engine in its operation. ards’’ while en route or before delivery (b) Except as provided in § 174.101(b), to a consignee, a record of the change (n), or (o) Division 1.3 materials and Di- showing the following information vision 1.2 (explosive) materials must be must be made on or attached to the transported in a closed car or container waybill or other form of memorandum car which is in good condition, and into which must accompany the car to its which sparks cannot enter. The car destination: does not require the car certificates prescribed in § 174.104(c) through (f). If Railroad Place Date the doors are not tight, they must be stripped to prevent the entrance of Car Initials Car Number Number or sparks. Wood floored cars must be description of seal broken equipped with spark shields (see § 174.104). Packages of Division 1.3 ma- terials and Division 1.2 (explosive) ma- Number or description of seal used to reseal car terials must be blocked and braced to llllllllllllllllllll prevent their shifting and possible damage due to shifting of other freight Reasons for opening car lllllllllll during transportation. For rec- ommended methods of blocking and Condition of load llllllllllllll

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Name and occupation of person opening car with any apparatus or mechanism uti- lizing an internal combustion engine in its operation. [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174–26A, 41 FR 40685, Sept. (b) Division 2.1 (flammable gas) ma- 20, 1976; Amdt. 174–68, 55 FR 52682, Dec. 21, terials may not be loaded in a truck 1990] body or trailer equipped with any type of lighted heater or any automatic § 174.115 Loading Division 1.4 (explo- heating or refrigerating apparatus sive) materials. when such truck bodies or trailers are (a) Division 1.4 (explosive) materials loaded on flatcars except as provided in may be loaded into any closed car in paragraph (c) of this section. good condition, or into any container (c) Heating or refrigeration appa- car in good condition. Car certificates ratus may be operated on a motor vehi- are not required. Packages of Division 1.4 (explosive) materials must be cle loaded on a flatcar when the motor blocked and braced to prevent their vehicle is loaded with Division 2.1 shifting and possible damage due to (flammable gas) materials only if: shifting of other freight during trans- (1) The lading space is not equipped portation. For methods of rec- with any electrical apparatus that is ommended loading and bracing see Bu- not non-sparking or explosion-proof; reau of Explosives Pamphlet No. 6. (2) There is no combustion apparatus (b) Division 1.4 (explosive) materials in the lading space; may not be transported in a truck (3) There is no connection for the re- body, trailer, or container on a flatcar turn of air from the lading space to any unless: combustion apparatus; and (1) The truck body, trailer, or con- (4) The heating system conforms to tainer is closed and tight; § 393.77 of this title and does not heat (2) All automatic heating or refrig- any part of the lading over 54 °C (129 erating machinery with which the ° truck body, trailer, or container is F). equipped is inoperative; and [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as (3) Packages of Division 1.4 (explo- amended by Amdt. 174–68, 55 FR 52682, Dec. sive) materials are blocked and braced 21, 1990; 56 FR 66281, Dec. 20, 1991] within the truck body, trailer, or con- tainer to prevent their shifting and § 174.201 Class 2 (gases) material cyl- possible damage due to shifting of inders. other freight during transportation. (a) Except as provided in paragraphs Ends, side walls, or doors of the truck (b) and (c) of this section, cylinders body, trailer, or container may not be containing Class 2 (gases) materials relied on to prevent shifting of heavy being transported in a rail car must be: loads. For recommended methods of (1) Securely lashed in an upright po- blocking and bracing see Bureau of Ex- plosives Pamphlet No. 6C. sition so as to prevent their over- turning; [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as (2) Loaded into racks securely at- amended by Amdt. 174–36, 44 FR 70732, Dec. tached to the car; 10, 1979; Amdt. 174–68, 55 FR 52682, Dec. 21, 1990; 66 FR 45383, Aug. 28, 2001; 68 FR 61942, (3) Packed in boxes or crates of such Oct. 30, 2003] dimensions as to prevent their over- turning; or Subpart F—Detailed Requirements (4) Loaded in a horizontal position. for Class 2 (Gases) Materials (b) Specification DOT-4L (§ 178.57 of this subchapter) cylinders being trans- § 174.200 Special handling require- ported in a rail car must be loaded in ments. an upright position and be securely (a) Division 2.1 (flammable gas) ma- braced. terials may not be loaded, transported, (c) Cylinders containing Class 2 or stored in a rail car equipped with (gases) materials may be transported any type of lighted heater or open- in stock cars, gondola cars and flat flame device, or in a rail car equipped

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cars. However, they may not be trans- pipes for liquid and gas discharge ported in hopper bottom cars. valves equipped with check valves. (b) [Reserved] [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174–26A, 41 FR 40685, Sept. [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as 20, 1976; Amdt. 174–32, 43 FR 48644, Oct. 19, amended by Amdt. 174–26A, 41 FR 40685, Sept. 1978; Amdt. 174–68, 55 FR 52682, Dec. 21, 1990] 20, 1976; Amdt. 174–32, 43 FR 48644, Oct. 19, 1978; Amdt. 174–43, 48 FR 27699, June 16, 1983; § 174.204 Tank car delivery of gases, 48 FR 50440, 50441, Nov. 1, 1983; Amdt. 174–68, including cryogenic liquids. 55 FR 52682, Dec. 21, 1990] (a) A tank car containing Class 2 § 174.290 Materials extremely poi- (gases) material may not be unloaded sonous by inhalation shipped by, unless it is consigned for delivery and for, or to the Department of De- unloaded on a private track (see § 171.8 fense. of this subchapter). However, if a pri- (a) General. The provisions of this vate track is not available, it may be section apply only to materials ex- delivered and unloaded on carrier tremely poisonous by inhalation which tracks subject to the following condi- are Division 2.3 materials in Hazard tions: Zone A and Division 6.1 materials in (1) A tank car of DOT-106A or 110A Hazard Zone A, as defined in type (§ 179.300 or § 179.301 of this sub- § 173.133(a)(2) of this subchapter. Such chapter) may not be delivered and the materials when shipped by, for, or to loaded unit tanks may not be removed the Department of Defense may be from the car frame on carrier tracks. transported by rail only if loaded and However, a carrier may give permission handled in accordance with the re- for the unloading of these containers quirements of this section. on carrier tracks only if a private sid- (b) A Division 2.3 Hazard Zone A or a ing is not available within a reasonable Division 6.1 Hazard Zone A material ex- trucking distance of the final destina- tremely poisonous by inhalation may tion. In addition, before the car is ac- be transported in: cepted for transportation, the shipper (1) UN 1N1 or UN 1N2 metal drums or must obtain from the delivering carrier equivalent military specification metal and file with the originating carrier, drums, by boxcar, gondola car (flat bot- written permission for the removal and tom), or stock car in carload lots. See the consignee must furnish an ade- §§ 174.55 and 174.600 for blocking, brac- quately strong mechanical hoist by ing, and stowage requirements; which the tanks can be lifted from the (2) Tanks which are authorized under car and deposited directly upon vehi- this subchapter for a Hazard Zone A cles furnished by the consignee for im- material extremely poisonous by inha- mediate removal from carrier property. lation, Specification DOT 106A (2) The following tank cars may not (§§ 179.300 and 179.301 of this sub- be delivered and unloaded on carrier chapter), mounted on or secured to a tracks unless the lading is piped di- multi-unit car or gondola car (flat bot- rectly from the car to permanent stor- tom) in carload lots only; age tanks of sufficient capacity to re- (3) Bombs, by boxcar, or gondola car ceive the entire contents of the car; (flat bottom) in carload lots only; or however, such cars may be stored on a (4) Projectiles or ammunition for private track (see § 171.8 of this sub- cannon with gas filled projectiles, by chapter) or on carrier tracks des- boxcar in carload or less-than-carload ignated by the carrier for such storage: lots. (i) A tank car containing Division 2.1 (c) Each shipment of one or more car- (flammable gas) material that is a loads of a material extremely poi- cryogenic liquid; or sonous by inhalation, as described in (ii) A tank car, except for a DOT-106A paragraph (b) of this section, must be or 110A multi-unit tank car tank accompanied by a Department of De- (§ 179.300 or § 179.301 of this subchapter), fense qualified escort supplied with containing anhydrous ammonia; hydro- equipment to handle leaks and other gen chloride, refrigerated liquid; hy- packaging failures which could result drocarbon gas, liquefied; or liquefied in escape of the material. The escort petroleum gas; and having interior shall remain with the shipment during

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the entire time that it is in the cus- (h) When a material extremely poi- tody of the carrier and in the event of sonous by inhalation is transported in leakage or escape of material, shall drums in a boxcar, they must be loaded make repairs and perform decon- from ends of the car toward the space tamination as necessary. between the car doors, and there (d) When a material extremely poi- braced by center gates and wedges. See sonous by inhalation is transported in Sketch 1, Bureau of Explosives Pam- a tank, the tank must be securely phlet No. 6. mounted on a rail car especially pro- (i) The doorways of a boxcar in which vided for it or on a gondola car pre- a material poisonous by inhalation is pared with substantial wooden frames being transported must be protected by and blocks. one of the methods prescribed in (e) Bombs, projectiles, and cannon Sketch 1, Bureau of Explosives Pam- ammunition being transported by rail phlet No. 6A. must be loaded, blocked and braced as [Amdt. 174–68, 55 FR 52683, Dec. 21, 1990; shown in Bureau of Explosives Pam- Amdt. 174–74, 58 FR 51533, Oct. 1, 1993; 65 FR phlet No. 6A, or Department of Defense 58630, Sept. 29, 2000] specifications. When a shipment is loaded in a gondola car it must be se- Subpart G—Detailed Require- curely blocked and braced and not ments for Class 3 (Flammable loaded higher than the sides of the car. Liquid) Materials (f) When a material extremely poi- sonous by inhalation is transported in § 174.300 Special handling require- drums with filling holes in the heads, ments. they must be loaded on their bottoms. (a) Class 3 (flammable liquid) mate- They may be loaded in rows, length- rials may not be loaded, transported, wise of the car and any space between or stored in a rail car equipped with the sides of the car and the nearest row any type of lighted heater or open- of drums must be ‘‘filled in’’ with flame device, or in a rail car equipped wooden boards or lumber nailed to with any apparatus or mechanism uti- sides of the car sufficient in length and lizing an internal combustion engine in width to contact both hoops of drums, its operation. or they may be loaded across the car in (b) A truck body or trailer which is staggered stacks of which the number loaded with a Class 3 (flammable liq- of drums in alternate stacks is reduced uid) materials and equipped with a by one drum. All drums in stacks fol- lighted heater or any automatic heat- lowing the first stack loaded in the end ing or refrigerating apparatus may not of the car must be placed tightly into be loaded on a flatcar except as pro- the angle of the space formed by the vided in paragraph (c) of this section. sidewalls of the drum in the preceding (c) Heating or refrigeration appa- stack. Any space between the sides of ratus on a motor vehicle loaded with the car and the drums in stacks having Class 3 (flammable liquid) materials the greater number of drums must be may be operated while the motor vehi- filled in with wooden boards or lumber cle is loaded on a flatcar only if: nailed to sides of the car sufficient in (1) The lading space is not equipped length and width to contact both hoops with any electrical apparatus that is of the drums. not non-sparking or explosion-proof; (g) When a material extremely poi- (2) There is no combustion apparatus sonous by inhalation is transported in in the lading space; drums with filling holes in the sides, (3) There is no connection for the re- they must be loaded on their sides with turn of air from the lading space to any the filling holes up. They must be load- combustion apparatus; and ed lengthwise of the car in rows and (4) The heating system conforms to any space between the sides of the car § 393.77 of this title and does not heat and the nearest row of drums must be any part of the lading over 54 °C (129 filled in with wooden boards or lumber °F). nailed to sides of the car sufficient in (d) Metal barrels or drums containing length and width to contact both hoops Class 3 (flammable liquid) materials of the drums. may be transported in a steel gondola

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or flatcar or in a stock car. However, by, for, or to the Department of De- they may not be transported in a hop- fense. per bottom car. [Amdt. 174–68, 55 FR 52684, Dec. 21, 1990] [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174–31, 43 FR 31143, July § 174.615 Cleaning cars. 20, 1978; Amdt. 174–68, 55 FR 52683, Dec. 21, (a) [Reserved] 1990] (b) After Division 6.1 (poisonous) ma- terials are unloaded from a rail car, § 174.304 Class 3 (flammable liquid) that car must be thoroughly cleaned materials in tank cars. unless the car is used exclusively in the A tank car containing a Class 3 carriage of Division 6.1 (poisonous) ma- (flammable liquid) material, other terials. than liquid road asphalt or tar, may [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as not be transported by rail unless it is amended by Amdt. 174–68, 55 FR 52684, Dec. originally consigned or subsequently 21, 1990; Amdt. 174–82, 61 FR 18933, Apr. 29, reconsigned to a party having a private 1996] track on which it is to be delivered and unloaded (see § 171.8 of this subchapter) § 174.680 Division 6.1 (poisonous) ma- or to a party using railroad siding fa- terials with foodstuffs. cilities which are equipped for piping (a) Except as provided in paragraph the liquid from the tank car to perma- (b) of this section, a carrier may not nent storage tanks of sufficient capac- transport any package bearing a POI- ity to receive the entire contents of the SON or POISON INHALATION HAZ- car. ARD label in the same car with any material marked as, or known to be, a [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as foodstuff, feed or any other edible ma- amended by Amdt. 174–32, 43 FR 48644, Oct. terial intended for consumption by hu- 19, 1978; Amdt. 174–68, 55 FR 52683, Dec. 21, 1990] mans or animals. (b) A carrier must separate any pack- age bearing a POISON label displaying Subparts H–I [Reserved] the text ‘‘PG III,’’ or bearing a ‘‘PG III’’ mark adjacent to the POISON Subpart J—Detailed Requirements label, from materials marked as or for Division 6.1 (Poisonous) known to be foodstuffs, feed or any Materials other edible materials intended for consumption by humans or animals, as § 174.600 Special handling require- required in § 174.81(e)(3) for classes ments for materials extremely poi- identified with the letter ‘‘O’’ in the sonous by inhalation. Segregation Table for Hazardous Mate- A tank car containing a material ex- rials. tremely poisonous by inhalation which [64 FR 10781, Mar. 5, 1999] is a Division 2.3 material in Hazard Zone A or a Division 6.1 material in Subpart K—Detailed Requirements Hazard Zone A, as defined in for Class 7 (Radioactive) Materials § 173.133(a)(2) of this subchapter, may not be transported by rail unless it is § 174.700 Special handling require- originally consigned or subsequently ments for Class 7 (radioactive) ma- reconsigned to a party having a private terials. track on which it is to be delivered and (a) Each rail shipment of low specific unloaded (see § 171.8 of this subchapter) activity materials or surface contami- or to a party using railroad siding fa- nated objects as defined in § 173.403 of cilities which are equipped for piping this subchapter must be loaded so as to the liquid or gas from the tank car to avoid spillage and scattering of loose permanent storage tanks or sufficient material. Loading restrictions are pre- capacity to receive the entire contents scribed in § 173.427 of this subchapter. of the car. See the requirements in (b) The number of packages of Class 7 § 174.290 for materials extremely poi- (radioactive) materials that may be sonous by inhalation which are shipped transported by rail car or stored at any

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single location is limited to a total other packages required to bear one of transport index and a total criticality the ‘‘radioactive’’ labels described in safety index (as defined in § 173.403 of part 172 of this subchapter. this subchapter) of not more than 50 (f) A person shall not remain unnec- each. This provision does not apply to essarily in, on or near a transport vehi- exclusive use shipments as described in cle containing Class 7 (radioactive) ma- §§ 173.403, 173.427, 173.441, and 173.457 of terials. this subchapter. (g) In the case of packages shipped (c) Each package of Class 7 (radio- under the exclusive use provisions of active) material bearing RADIO- § 173.441(b) of this subchapter for pack- ACTIVE YELLOW-II or RADIOACTIVE ages with external radiation levels in YELLOW-III labels may not be placed excess of 2 mSv per hour (200 mrem per closer than 0.9 m (3 feet) to an area (or hour) at the package surface— dividing partition between areas) (1) The transport vehicle must meet which may be continuously occupied the requirements for a closed transport by any passenger, rail employee, or vehicle (§ 173.403 of this subchapter); shipment of one or more animals, nor (2) Each package must be secured so closer than 4.5 m (15 feet) to any pack- that its position within the transport age containing undeveloped film (if so vehicle remains fixed under conditions marked). If more than one package of normally incident to transportation; Class 7 (radioactive) materials is and present, the distance must be com- puted from the table below on the basis (3) The radiation level may not ex- of the total transport index number ceed 0.02 mSv per hour (2 mrem per (determined by adding together the hour) in any normally occupied posi- transport index numbers on the labels tion in the transport vehicle or adja- of the individual packages) of packages cent rail car. in the rail car or storage area: [Amdt. 174–80, 60 FR 50331, Sept. 28, 1995, as amended by Amdt. 174–80, 61 FR 20753, May 8, Minimum separa- Minimum dis- tion distance to tance to area of 1996; 66 FR 45383, Aug. 28, 2001; 69 FR 3693, nearest undevel- persons or min- Jan. 26, 2004] oped film imum distance Total transport from dividing par- index tition of a com- § 174.715 Cleanliness of transport vehi- Meters Feet bination car cles after use. Meters Feet (a) Each transport vehicle used for transporting Class 7 (radioactive) ma- None ...... 0 0 0 0 0.1 to 10.0 ...... 4 .5 15 0 .9 3 terials as exclusive use, as defined in 10.1 to 20.0 ...... 6 .7 22 1 .2 4 § 173.403 of this subchapter, must be 20.1 to 30.0 ...... 7 .7 29 1 .5 5 surveyed with appropriate radiation 30.1 to 40.0 ...... 10 33 1 .8 6 40.1 to 50.0 ...... 10 .9 36 2.1 7 detection instruments after each use. A transport vehicle may not be returned NOTE: The distance in this table must be measured from the nearest point on the nearest packages of Class 7 (radio- to service until the radiation dose rate active) materials. at any accessible surface is 0.005 mSv (d) Each shipment of fissile material per hour (0.5 mrem per hour) or less, packages must conform to require- and there is no significant removable ments of §§ 173.457 and 173.459. radioactive surface contamination, as (e) Each fissile material, controlled defined in § 173.443 of this subchapter. shipment must be transported in ac- (b) This section does not apply to any cordance with one of the methods pre- transport vehicle used solely for trans- scribed in § 173.457 of this subchapter. porting Class 7 (radioactive) materials The transport controls must be ade- if a survey of the interior surface quate to assure that no fissile mate- shows that the radiation dose rate does rial, controlled shipment is transported not exceed 0.1 mSv per hour (10 mrem in the same transport vehicle with any per hour) at the interior surface or 0.02 other fissile Class 7 (radioactive) mate- mSv per hour (2 mrem per hour) at 1 m rial shipment. In loading and storage (3.3 feet) from any interior surface. The areas, each fissile material, controlled transport vehicle must be stenciled shipment must be segregated by a dis- with the words ‘‘FOR RADIOACTIVE tance of at least 6 m (20 feet) from MATERIALS USE ONLY’’ in lettering

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at least 7.6 cm (3 inches) high in a con- 175.3 Unacceptable hazardous materials spicuous place on both sides of the ex- shipments. terior of the transport vehicle, and it 175.8 Exceptions for operator equipment and must be kept closed at all times other items of replacement. than during loading and unloading. 175.9 Exceptions for special aircraft oper- ations. [Amdt. 174–80, 60 FR 50332, Sept. 28, 1995, as 175.10 Exceptions for passengers, crew- amended by 66 FR 45383, Aug. 28, 2001] members, and air operators. 175.20 Compliance and training. § 174.750 Incidents involving leakage. 175.25 Notification at air passenger facili- ties of hazardous materials restrictions. (a) In addition to the incident report- 175.26 Notification at cargo facilities of haz- ing requirements of §§ 171.15 and 171.16 ardous materials requirements. of this subchapter, the carrier shall 175.30 Inspecting shipments. also notify the offeror at the earliest 175.31 Reports of discrepancies. practicable moment following any inci- 175.33 Shipping paper and notification of dent in which there has been breakage, pilot-in-command. spillage, or suspected radioactive con- tamination involving Class 7 (radio- Subpart B—Loading, Unloading and active) materials shipments. Transport Handling vehicles, buildings, areas, or equipment in which Class 7 (radioactive) materials 175.75 Quantity limitations and cargo loca- tion. have been spilled may not be again 175.78 Stowage compatibility of cargo. placed in service or routinely occupied 175.88 Inspection, orientation and securing until the radiation dose rate at every of packages of hazardous materials. accessible surface is less than 0.005 175.90 Damaged shipments. mSv per hour (0.5 mrem per hour) and there is no significant removable radio- Subpart C—Specific Regulations Applica- active surface contamination (see ble According to Classification of Ma- § 173.443 of this subchapter). terial (b) The package or materials should be segregated as far as practicable 175.310 Transportation of flammable liquid fuel; aircraft only means of transpor- from personnel contact. If radiological tation advice or assistance is needed, the U.S. 175.501 Special requirements for oxidizers Department of Energy (DOE) should and compressed oxygen. also be notified. In case of obvious 175.630 Special requirements for Division 6.1 leakage, or if it appears likely that the (poisonous) material and Division 6.2 (in- inside container may have been dam- fectious substances) materials. aged, care should be taken to avoid in- 175.700 Special limitations and require- halation, ingestion, or contact with the ments for Class 7 materials. Class 7 (radioactive) material. Any 175.701 Separation distance requirements loose Class 7 (radioactive) materials for packages containing Class 7 (radio- should be left in a segregated area and active) materials in passenger-carrying aircraft. held pending disposal instructions, 175.702 Separation distance requirements from qualified persons. for packages containing Class 7 (radio- [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as active) materials in cargo aircraft. amended by Amdt. 174–42, 48 FR 10245, Mar. 175.703 Other special requirements for the 10, 1983; Amdt. 174–61, 51 FR 34987, Oct. 1, acceptance and carriage of packages con- 1986; Amdt. 174–65, 53 FR 38274, Sept. 29, 1988; taining Class 7 materials. Amdt. 174–68, 55 FR 52684, Dec. 21, 1990; Amdt. 175.704 Plutonium shipments. 174–80, 60 FR 50332, Sept. 28, 1995] 175.705 Radioactive contamination. 175.706 Separation distances for undevel- oped film from packages containing PART 175—CARRIAGE BY Class 7 (radioactive) materials. AIRCRAFT 175.900 Handling requirements for carbon di- oxide, solid (dry ice). Subpart A—General Information and AUTHORITY: 49 U.S.C. 5101–5128, 44701; 49 Regulations CFR 1.45 and 1.53.

Sec. SOURCE: 71 FR 14604, Mar. 22, 2006, unless 175.1 Purpose, scope and applicability. otherwise noted.

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