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689 Part 174—Carriage by Rail

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689 Part 174—Carriage by Rail Pipeline and Hazardous Materials Safety Admin., DOT Pt. 174 (a) When the test flame is in the ‘‘off’’ posi- hicles, freight containers, and bulk pack- tion, the test portion ignites and sustains ages. combustion; 174.83 Switching placarded rail cars, trans- (b) The test portion ignites while the test port vehicles, freight containers, and flame is in the test position for 15 s, and sus- bulk packagings. tains combustion for more than 15 s after the 174.84 Position in train of loaded placarded test flame has been returned to the ‘‘off’’ po- rail cars, transport vehicles, freight con- sition. tainers or bulk packagings when accom- panied by guards or technical escorts. NOTE TO PARAGRAPH 6 OF THIS APPENDIX: 174.85 Position in train of placarded cars, Intermittent flashing may not be interpreted transport vehicles, freight containers, as sustained combustion. Normally, at the and bulk packagings. end of 15 s, the combustion has either clearly 174.86 Maximum allowable operating speed. ceased or continues. In cases of doubt, the material must be deemed to sustain combus- Subpart E—Class I (Explosive) Materials tion. [Amdt. 173–241, 59 FR 67517, Dec. 29, 1994, as 174.101 Loading Class 1 (explosive) mate- amended by Amdt. 173–255, 61 FR 50627, Sept. rials. 26, 1996; 66 FR 45381, Aug. 28, 2001; 68 FR 75747, 174.102 Forbidden mixed loading and stor- Dec. 31, 2003; 69 FR 76179, Dec. 20, 2004; 71 FR age. 78634, Dec. 29, 2006] 174.103 Disposition of damaged or astray shipments. 174.104 Division 1.1 or 1.2 (explosive) mate- PART 174—CARRIAGE BY RAIL rials; car selection, preparation, inspec- tion, and certification. Subpart A—General Requirements 174.105 Routing shipments, Division 1.1 or 1.2 (explosive) materials. Sec. 174.106 ‘‘Order-Notify’’ or ‘‘C.O.D.’’ ship- 174.1 Purpose and scope. ments, Division 1.1 or 1.2 (explosive) ma- 174.2 Limitation on actions by states, local terials. governments, and Indian tribes. 174.110 Car magazine. 174.3 Unacceptable hazardous materials 174.112 Loading Division 1.3 and Division 1.2 shipments. (explosive) materials (Also see § 174.101). 174.5 Carrier’s materials and supplies. 174.114 Record to be made of change of seals 174.9 Safety and security inspection and ac- on ‘‘Cars loaded with Division 1.1 or 1.2 ceptance. (explosive) materials’’. 174.14 Movements to be expedited. 174.115 Loading Division 1.4 (explosive) ma- 174.16 Removal and disposition of hazardous terials. materials at destination. 174.20 Local or carrier restrictions. Subpart F—Detailed Requirements for Class 2 (Gases) Materials Subpart B—General Operating Requirements 174.200 Special handling requirements. 174.201 Class 2 (gases) material cylinders. 174.24 Shipping papers. 174.204 Tank car delivery of gases, including 174.26 Notice to train crews. cryogenic liquids. 174.50 Nonconforming or leaking packages. 174.290 Materials extremely poisonous by inhalation shipped by, for, or to the De- Subpart C—General Handling and Loading partment of Defense. Requirements Subpart G—Detailed Requirements for 174.55 General requirements. Class 3 (Flammable Liquid) Materials 174.57 Cleaning cars. 174.59 Marking and placarding of rail cars. 174.300 Special handling requirements. 174.61 Transport vehicles and freight con- 174.304 Class 3 (flammable liquid) materials tainers on flat cars. in tank cars. 174.63 Portable tanks, IM portable tanks, IBCs, Large Packagings, cargo tanks, Subparts H–I [Reserved] and multi-unit tank car tanks. 174.67 Tank car unloading. Subpart J—Detailed Requirements for 174.81 Segregation of hazardous materials. Division 6.1 (Poisonous) Materials Subpart D—Handling of Placarded Rail 174.600 Special handling requirements for Cars, Transport Vehicles and Freight materials extremely poisonous by inha- Containers lation. 174.615 Cleaning cars. 174.82 General requirements for the han- 174.680 Division 6.1 (poisonous) materials dling of placarded rail cars, transport ve- with foodstuffs. 689 VerDate Mar<15>2010 15:30 Dec 30, 2010 Jkt 220213 PO 00000 Frm 00699 Fmt 8010 Sfmt 8010 Q:\49\X49\220213.XXX ofr150 PsN: PC150 § 174.1 49 CFR Ch. I (10–1–10 Edition) Subpart K—Detailed Requirements for sentially local safety or security haz- Class 7 (Radioactive) Materials ard; is not incompatible with a law, regulation, or order of the United 174.700 Special handling requirements for States Government; and does not un- Class 7 (radioactive) materials. reasonably burden interstate com- 174.715 Cleanliness of transport vehicles after use. merce. 174.750 Incidents involving leakage. [74 FR 1801, Jan. 13, 2009] AUTHORITY: 49 U.S.C. 5101–5128; 49 CFR 1.53. § 174.3 Unacceptable hazardous mate- rials shipments. Subpart A—General Requirements No person may accept for transpor- § 174.1 Purpose and scope. tation or transport by rail any ship- ment of hazardous material that is not This part prescribes requirements in in conformance with the requirements addition to those contained in parts of this subchapter. 171, 172, 173, and 179 of this subchapter, to be observed with respect to the [Amdt. 174–83, 61 FR 28677, June 5, 1996] transportation of hazardous materials in or on rail cars. § 174.5 Carrier’s materials and sup- plies. [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as This subchapter applies to the trans- amended by Amdt. 174–26A, 41 FR 40685, Sept. portation of a carrier’s materials and 20, 1976; Amdt. 174–74, 58 FR 51533, Oct. 1, supplies moving by rail, except that 1993] the shipper’s certification is not re- § 174.2 Limitation on actions by states, quired when these materials and sup- local governments, and Indian plies are being transported by the car- tribes. rier who owns them. The requirements Sections 5125 and 20106 of Title 49, of this subchapter do not apply to rail- United States Code, limit the author- way torpedoes or fusees when carried ity of states, political subdivisions of in engines or rail cars. Railway tor- states, and Indian tribes to impose re- pedoes must be in closed metal boxes quirements on the transportation of when not in use. hazardous materials in commerce. A [Amdt. 174–26B, 41 FR 57071, Dec. 30, 1976] state, local, or Indian tribe require- ment on the transportation of haz- § 174.9 Safety and security inspection ardous materials by rail may be pre- and acceptance. empted under either 49 U.S.C. 5125 or (a) At each location where a haz- 20106, or both. ardous material is accepted for trans- (a) Section 171.1(f) of this subchapter portation or placed in a train, the car- describes the circumstances under rier must inspect each rail car con- which 49 U.S.C. 5125 preempts a re- taining the hazardous material, at quirement of a state, political subdivi- ground level, for required markings, la- sion of a state, or Indian tribe. bels, placards, securement of closures, (b) Under the Federal Railroad Safe- and leakage. These inspections may be ty Act (49 U.S.C. 20106), administered performed in conjunction with inspec- by the Federal Railroad Administra- tions required under parts 215 and 232 tion (see 49 CFR parts 200 through 244), of this title. laws, regulations and orders related to (b) For each rail car containing an railroad safety, including security, amount of hazardous material requir- shall be nationally uniform to the ex- ing placarding in accordance with tent practicable. A state may adopt, or § 172.504 of this subchapter, the carrier continue in force, a law, regulation, or must visually inspect the rail car at order covering the same subject matter ground level for signs of tampering, in- as a DOT regulation or order applicable cluding closures and seals, for sus- to railroad safety and security (includ- picious items or items that do not be- ing the requirements in this subpart) long, and for other signs that the secu- only when an additional or more strin- rity of the car may have been com- gent state law, regulation, or order is promised, including the presence of an necessary to eliminate or reduce an es- improvised explosive device. As used in 690 VerDate Mar<15>2010 15:30 Dec 30, 2010 Jkt 220213 PO 00000 Frm 00700 Fmt 8010 Sfmt 8010 Q:\49\X49\220213.XXX ofr150 PsN: PC150 Pipeline and Hazardous Materials Safety Admin., DOT § 174.16 this section, an improvised explosive pose of this section or of § 174.204 of this device is a device fabricated in an im- subchapter. provised manner incorporating explo- sives or destructive, lethal, noxious, [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174–68, 55 FR 52677, Dec. pyrotechnic, or incendiary chemicals 21, 1990] in its design, and generally includes a power supply, a switch or timer, and a § 174.16 Removal and disposition of detonator or initiator. The carrier hazardous materials at destination. should be particularly attentive to (a) Delivery at non-agency stations. A signs that security may have been shipment of Class 1 (explosive) mate- compromised on rail cars transporting materials covered by § 172.820 of this rials may not be unloaded at non-agen- subchapter, rail carload quantities of cy stations unless the consignee is ammonium nitrate or ammonium ni- there to receive it or unless properly trate mixtures in solid form, or haz- locked and secure storage facilities are ardous materials of interest based on provided at that point for its protec- current threat information. tion. If delivery cannot be so made, the shipment must be taken to next or (c) If a rail car does not conform to the safety and security requirements of nearest agency station for delivery.
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