cfr_sections
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48 rows where agency = "PHMSA" and part_number = 174 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 49:49:2.1.1.3.11.1.25.1 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | A | Subpart A—General Requirements | § 174.1 Purpose and scope. | PHMSA | [Amdt. 174-26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174-26A, 41 FR 40685, Sept. 20, 1976; Amdt. 174-74, 58 FR 51533, Oct. 1, 1993] | This part prescribes requirements in addition to those contained in parts 171, 172, 173, and 179 of this subchapter, to be observed with respect to the transportation of hazardous materials in or on rail cars. | |||
| 49:49:2.1.1.3.11.1.25.2 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | A | Subpart A—General Requirements | § 174.2 Limitation on actions by states, local governments, and Indian tribes. | PHMSA | [74 FR 1801, Jan. 13, 2009] | Sections 5125 and 20106 of Title 49, United States Code, limit the authority of states, political subdivisions of states, and Indian tribes to impose requirements on the transportation of hazardous materials in commerce. A state, local, or Indian tribe requirement on the transportation of hazardous materials by rail may be preempted under either 49 U.S.C. 5125 or 20106, or both. (a) Section 171.1(f) of this subchapter describes the circumstances under which 49 U.S.C. 5125 preempts a requirement of a state, political subdivision of a state, or Indian tribe. (b) Under the Federal Railroad Safety Act (49 U.S.C. 20106), administered by the Federal Railroad Administration ( see 49 CFR parts 200 through 244), laws, regulations and orders related to railroad safety, including security, shall be nationally uniform to the extent practicable. A state may adopt, or continue in force, a law, regulation, or order covering the same subject matter as a DOT regulation or order applicable to railroad safety and security (including the requirements in this subpart) only when an additional or more stringent state law, regulation, or order is necessary to eliminate or reduce an essentially local safety or security hazard; is not incompatible with a law, regulation, or order of the United States Government; and does not unreasonably burden interstate commerce. | |||
| 49:49:2.1.1.3.11.1.25.3 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | A | Subpart A—General Requirements | § 174.3 Unacceptable hazardous materials shipments. | PHMSA | [Amdt. 174-83, 61 FR 28677, June 5, 1996] | No person may accept for transportation or transport by rail any shipment of hazardous material that is not in conformance with the requirements of this subchapter. | |||
| 49:49:2.1.1.3.11.1.25.4 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | A | Subpart A—General Requirements | § 174.5 Carrier's materials and supplies. | PHMSA | [87 FR 79783, Dec. 27, 2022] | This subchapter applies to the transportation of a carrier's materials and supplies moving by rail, except that the shipper's certification is not required when these materials and supplies are being transported by the carrier who owns them. The requirements of this subchapter do not apply to railway torpedoes or railroad safety flares ( i.e., fusees) when carried in engines or rail cars. Railway torpedoes must be in closed metal boxes when not in use. | |||
| 49:49:2.1.1.3.11.1.25.5 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | A | Subpart A—General Requirements | § 174.9 Safety and security inspection and acceptance. | PHMSA | [73 FR 20773, Apr. 16, 2008] | (a) At each location where a hazardous material is accepted for transportation or placed in a train, the carrier must inspect each rail car containing the hazardous material, at ground level, for required markings, labels, placards, securement of closures, and leakage. These inspections may be performed in conjunction with inspections required under parts 215 and 232 of this title. (b) For each rail car containing an amount of hazardous material requiring placarding in accordance with § 172.504 of this subchapter, the carrier must visually inspect the rail car at ground level for signs of tampering, including closures and seals, for suspicious items or items that do not belong, and for other signs that the security of the car may have been compromised, including the presence of an improvised explosive device. As used in this section, an improvised explosive device is a device fabricated in an improvised manner incorporating explosives or destructive, lethal, noxious, pyrotechnic, or incendiary chemicals in its design, and generally includes a power supply, a switch or timer, and a detonator or initiator. The carrier should be particularly attentive to signs that security may have been compromised on rail cars transporting materials covered by § 172.820 of this subchapter, rail carload quantities of ammonium nitrate or ammonium nitrate mixtures in solid form, or hazardous materials of interest based on current threat information. (c) If a rail car does not conform to the safety and security requirements of this subchapter, the carrier may not forward or transport the rail car until the deficiencies are corrected or the car is approved for movement in accordance with § 174.50. (d) Where an indication of tampering or suspicious item is found, a carrier must take appropriate action to ensure the security of the rail car and its contents have not been compromised before accepting the rail car for further movement. If the carrier determines that the security of the rail car has been compromised, the carrier must tak… | |||
| 49:49:2.1.1.3.11.1.25.6 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | A | Subpart A—General Requirements | § 174.14 Movements to be expedited. | PHMSA | [Amdt. 174-26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174-68, 55 FR 52677, Dec. 21, 1990] | (a) A carrier must forward each shipment of hazardous materials promptly and within 48 hours (Saturdays, Sundays, and holidays excluded), after acceptance at the originating point or receipt at any yard, transfer station, or interchange point, except that where biweekly or weekly service only is performed, a shipment of hazardous materials must be forwarded on the first available train. (b) A tank car loaded with any Division 2.1 (flammable gas), Division 2.3 (poisonous gas) or Class 3 (flammable liquid) material, may not be received and held at any point, subject to forwarding orders, so as to defeat the purpose of this section or of § 174.204 of this subchapter. | |||
| 49:49:2.1.1.3.11.1.25.7 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | A | Subpart A—General Requirements | § 174.16 Removal and disposition of hazardous materials at destination. | PHMSA | [Amdt. 174-26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174-68, 55 FR 52677, Dec. 21, 1990; 66 FR 45383, Aug. 28, 2001] | (a) Delivery at non-agency stations. A shipment of Class 1 (explosive) materials may not be unloaded at non-agency stations unless the consignee is there to receive it or unless properly locked and secure storage facilities are provided at that point for its protection. If delivery cannot be so made, the shipment must be taken to next or nearest agency station for delivery. (b) Delivery at agency stations. A carrier shall require the consignee of each shipment of hazardous materials to remove the shipment from carrier's property within 48 hours (exclusive of Saturdays, Sundays, and holidays) after notice of arrival has been sent or given. If not so removed, the carrier shall immediately dispose of the shipments as follows: (1) Division 1.1 or 1.2 (explosive) materials: If safe storage is available, by storage at the owner's expense; if safe storage is not available, by return to the shipper, sale, or destruction under supervision of a competent person; or if safety requires, by destruction under supervision of a competent person. (2) Hazardous materials, except Division 1.1 or 1.2 (explosive) materials, in carload shipments: By storage on the carrier's property; by storage on other than the carrier's property, if safe storage on the carrier's property is not available; or by sale at expiration of 15 calendar days after notice of arrival has been sent or given to the consignee, provided the consignor has been notified of the non-delivery at the expiration of a 48-hour period and orders for disposition have not been received. (3) Hazardous materials, except Division 1.1 or 1.2 (Class A explosive) materials, in less-than-carload shipments: By return to the shipper if notice of non-delivery was requested and given the consignor as prescribed by the carrier's tariff, and orders for return to shipper have been received; by storage on the carrier's property; by storage on other than the carrier's property, if safe storage on carrier's property is not available; or by sale at expiration of 15 calendar days … | |||
| 49:49:2.1.1.3.11.1.25.8 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | A | Subpart A—General Requirements | § 174.20 Local or carrier restrictions. | PHMSA | [Amdt. 174-26, 41 FR 16092, Apr. 15, 1976] | (a) When local conditions make the acceptance, transportation, or delivery of hazardous materials unusually hazardous, local restrictions may be imposed by the carrier. (b) Each carrier must report to the Bureau of Explosives for publication the full information as to any restrictions which it imposes against the acceptance, delivery, or transportation of hazardous materials, over any portion of its lines under this section. | |||
| 49:49:2.1.1.3.11.10.25.1 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | K | Subpart K—Detailed Requirements for Class 7 (Radioactive) Materials | § 174.700 Special handling requirements for Class 7 (radioactive) materials. | PHMSA | [Amdt. 174-80, 60 FR 50331, Sept. 28, 1995, as amended by Amdt. 174-80, 61 FR 20753, May 8, 1996; 66 FR 45383, Aug. 28, 2001; 69 FR 3693, Jan. 26, 2004; 79 FR 40618, July 11, 2014] | (a) Each rail shipment of low specific activity materials or surface contaminated objects as defined in § 173.403 of this subchapter must be loaded so as to avoid spillage and scattering of loose material. Loading restrictions are prescribed in § 173.427 of this subchapter. (b) The number of packages of Class 7 (radioactive) materials that may be transported by rail car or stored at any single location is limited to a total transport index and a total criticality safety index (as defined in § 173.403 of this subchapter) of not more than 50 each. This provision does not apply to exclusive use shipments as described in §§ 173.403, 173.427, 173.441, and 173.457 of this subchapter. (c) Each package of Class 7 (radioactive) material bearing RADIOACTIVE YELLOW-II or RADIOACTIVE YELLOW-III labels may not be placed closer than 0.9 m (3 feet) to an area (or dividing partition between areas) which may be continuously occupied by any passenger, rail employee, or shipment of one or more animals, nor closer than 4.5 m (15 feet) to any package containing undeveloped film (if so marked). If more than one package of Class 7 (radioactive) materials is present, the distance must be computed from the table below on the basis of the total transport index number (determined by adding together the transport index numbers on the labels of the individual packages) of packages in the rail car or storage area: Note: The distance in this table must be measured from the nearest point on the nearest packages of Class 7 (radioactive) materials. (d) Each shipment of fissile material packages must conform to requirements of §§ 173.457 and 173.459. (e) [Reserved] (f) A person shall not remain unnecessarily in, on or near a transport vehicle containing Class 7 (radioactive) materials. (g) In the case of packages shipped under the exclusive use provisions of § 173.441(b) of this subchapter for packages with external radiation levels in excess of 2 mSv per hour (200 mrem per hour) at the package surface— (1) The transport vehicle must meet… | |||
| 49:49:2.1.1.3.11.10.25.2 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | K | Subpart K—Detailed Requirements for Class 7 (Radioactive) Materials | § 174.715 Cleanliness of transport vehicles after use. | PHMSA | [Amdt. 174-80, 60 FR 50332, Sept. 28, 1995, as amended by 66 FR 45383, Aug. 28, 2001; 79 FR 40618, July 11, 2014] | (a) Each transport vehicle used for transporting Class 7 (radioactive) materials under exclusive use conditions (as defined in § 173.403 of this subchapter) in accordance with § 173.427(b)(4), § 173.427(c), or § 173.443(b), must be surveyed with appropriate radiation detection instruments after each use. A transport vehicle may not be returned to Class 7 (radioactive) materials exclusive use transport service, and then only for a subsequent exclusive use shipment utilizing the provisions of any of the paragraphs § 173.427(b)(4), § 173.427(c), or § 173.443(b), until the radiation dose rate at any accessible surface is 0.005 mSv per hour (0.5 mrem per hour) or less, and there is no significant non-fixed contamination, as specified in § 173.443(a) of this subchapter. (b) This section does not apply to any transport vehicle used solely for transporting Class 7 (radioactive) materials if a survey of the interior surface shows that the radiation dose rate does not exceed 0.1 mSv per hour (10 mrem per hour) at the interior surface or 0.02 mSv per hour (2 mrem per hour) at 1 m (3.3 feet) from any interior surface. The transport vehicle must be stenciled with the words “FOR RADIOACTIVE MATERIALS USE ONLY” in lettering at least 7.6 cm (3 inches) high in a conspicuous place on both sides of the exterior of the transport vehicle, and it must be kept closed at all times other than during loading and unloading. | |||
| 49:49:2.1.1.3.11.10.25.3 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | K | Subpart K—Detailed Requirements for Class 7 (Radioactive) Materials | § 174.750 Incidents involving leakage. | PHMSA | [Amdt. 174-26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174-42, 48 FR 10245, Mar. 10, 1983; Amdt. 174-61, 51 FR 34987, Oct. 1, 1986; Amdt. 174-65, 53 FR 38274, Sept. 29, 1988; Amdt. 174-68, 55 FR 52684, Dec. 21, 1990; Amdt. 174-80, 60 FR 50332, Sept. 28, 1995] | (a) In addition to the incident reporting requirements of §§ 171.15 and 171.16 of this subchapter, the carrier shall also notify the offeror at the earliest practicable moment following any incident in which there has been breakage, spillage, or suspected radioactive contamination involving Class 7 (radioactive) materials shipments. Transport vehicles, buildings, areas, or equipment in which Class 7 (radioactive) materials have been spilled may not be again placed in service or routinely occupied until the radiation dose rate at every accessible surface is less than 0.005 mSv per hour (0.5 mrem per hour) and there is no significant removable radioactive surface contamination (see § 173.443 of this subchapter). (b) The package or materials should be segregated as far as practicable from personnel contact. If radiological advice or assistance is needed, the U.S. Department of Energy (DOE) should also be notified. In case of obvious leakage, or if it appears likely that the inside container may have been damaged, care should be taken to avoid inhalation, ingestion, or contact with the Class 7 (radioactive) material. Any loose Class 7 (radioactive) materials should be left in a segregated area and held pending disposal instructions, from qualified persons. | |||
| 49:49:2.1.1.3.11.2.25.1 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | B | Subpart B—General Operating Requirements | § 174.24 Shipping papers. | PHMSA | [67 FR 46128, July 12, 2002, as amended at 67 FR 66574, Nov. 1, 2002; 70 FR 73165, Dec. 9, 2005] | (a) A person may not accept a hazardous material for transportation or transport a hazardous material by rail unless that person receives a shipping paper prepared in accordance with part 172 of this subchapter, unless the material is excepted from shipping paper requirements under this subchapter. Only an initial carrier within the United States must receive and retain a copy of the shipper's certification as required by § 172.204 of this subchapter. This section does not apply to a material that is excepted from shipping paper requirements by this subchapter. (b) Each person receiving a shipping paper required by this section must retain a copy or an electronic image thereof, that is accessible at or through its principal place of business and must make the shipping paper available, upon request, to an authorized official of a Federal, State, or local government agency at reasonable times and locations. For a hazardous waste, each shipping paper copy must be retained for three years after the material is accepted by the initial carrier. For all other hazardous materials, each shipping paper copy must be retained for one year after the material is accepted by the initial carrier. Each shipping paper copy must include the date of acceptance by the initial carrier. The date on the shipping paper may be the date a shipper notifies the rail carrier that a shipment is ready for transportation, as indicated on the waybill or bill of lading, as an alternative to the date the shipment is picked up, or accepted, by the carrier. | |||
| 49:49:2.1.1.3.11.2.25.2 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | B | Subpart B—General Operating Requirements | § 174.26 Notice to train crews. | PHMSA | [89 FR 52993, June 24, 2024] | (a) Prior to movement of a train, a railroad must provide the train crew with train consist information as defined in § 171.8 of this subchapter in hard-copy (printed paper) form that includes: a railroad-designated emergency response point of contact (including contact phone number) in a conspicuous location; and the position in the train and contents of each hazardous material rail car by reporting mark and number, to include the: (1) Point of origin and destination of the train; (2) Shipping paper information required by §§ 172.201 to 172.203 of this subchapter; and (3) Emergency response information required by § 172.602(a) of this subchapter. (b) The train crew must update the train consist information to reflect any changes in the train consist information occurring at intermediate stops prior to continued movement of the train. Additionally, any update to the train consist information must be made and reflected in the electronic train consist information required pursuant to § 174.28 of this subpart prior to continued movement of the train. The train crew may use electronic, radio communications, or other means to notify the railroad to update the electronic train consist information. Class III railroads complying with the alternative compliance requirements described in § 174.28(c) of this subpart are not subject to the requirement to update electronic train consist information. (c) The train consist information must always be immediately available for use by the train crew while the train is in transportation. When the train crew is aboard the train locomotive, the train consist information shall be stowed in a conspicuous location of the occupied locomotive. (d) Railroad operating rules for use of electronic devices by the train crew and use of electronic devices by the train crew in association with updates to train consist information requirements of this section and § 174.28 of this subchapter must comply with 49 CFR part 220, subpart C. | |||
| 49:49:2.1.1.3.11.2.25.3 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | B | Subpart B—General Operating Requirements | § 174.28 Electronic Train Consist Information. | PHMSA | [89 FR 52993, June 24, 2024] | (a) Retention and notification requirements. Each railroad operating a train carrying hazardous materials must at all times maintain in electronic form, off the train, accurate train consist information as required in § 174.26 of this subpart. Each railroad must make such electronic train consist information immediately accessible at all times to its designated emergency response point of contact such that they are able to communicate train consist information to Federal, State, and local first responders, emergency response officials, and law enforcement personnel seeking assistance. Each railroad must also provide, using electronic communication ( e.g., a software application or electronic data interchange, etc.), that electronic train consist information to authorized Federal, State, and local first responders, emergency response officials, and law enforcement personnel along the train route that could be or are involved in the response to, or investigation of, an accident, incident, or public health or safety emergency involving the rail transportation of hazardous materials such that the information is immediately available for use at the time it is needed. (b) Emergency notification. (1) General requirements. When a train carrying hazardous materials is involved in either an accident requiring response from local emergency response agencies, or in an incident involving the release or suspected release of a hazardous material from a rail car in the train requiring response from local emergency response agencies, the railroad must immediately notify the primary Public Safety Answering Point (PSAP)— e.g., 9-1-1 call center—telephonically that is responsible for the area where the accident or incident occurred and must separately notify the track owner (should the railroad transporting the hazardous materials not be the track owner) and forward train consist information in electronic form to the PSAP and track owner in a form they are capable of readily accessing ( e.g., email, fax, software applicati… | |||
| 49:49:2.1.1.3.11.2.25.4 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | B | Subpart B—General Operating Requirements | § 174.50 Nonconforming or leaking packages. | PHMSA | [85 FR 27897, May 11, 2020] | A leaking non-bulk package may not be forwarded until repaired, reconditioned, or overpacked in accordance with § 173.3 of this subchapter. Except as otherwise provided in this section, a bulk packaging that no longer conforms to this subchapter may not be forwarded by rail unless repaired or approved for movement by the Associate Administrator for Safety, Federal Railroad Administration, or for cross-border movements to or from Canada, moved in accordance with the TDG Regulations ( see § 171.12) or a Temporary Certificate issued by the Competent Authority of Canada, as applicable. For FRA Approval, notification and approval must be in writing, or through telephonic or electronic means, with subsequent written confirmation provided within two weeks. For the applicable address and telephone number, see § 107.117(d)(4) of this chapter. A leaking bulk package containing a hazardous material may be moved without repair or approval only so far as necessary to reduce or to eliminate an immediate threat or harm to human health or to the environment when it is determined its movement would provide greater safety than allowing the package to remain in place. In the case of a liquid leak, measures must be taken to prevent the spread of liquid. | |||
| 49:49:2.1.1.3.11.3.25.1 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | C | Subpart C—General Handling and Loading Requirements | § 174.55 General requirements. | PHMSA | [Amdt. 174-83, 61 FR 28677, June 5, 1996, as amended at 68 FR 75747, Dec. 31, 2003; 76 FR 43530, July 20, 2011; 87 FR 79783, Dec. 27, 2022] | (a) Each package containing a hazardous material being transported by rail in a freight container or transport vehicle must be loaded so that it cannot fall or slide and must be safeguarded in such a manner that other freight cannot fall onto or slide into it under conditions normally incident to transportation. When this protection cannot be provided by using other freight, it must be provided by blocking and bracing. For examples of blocking and bracing in freight containers and transport vehicles, see the Intermodal Loading Guide for Products in Closed Trailers and Containers (see table 1 to § 171.7 of this subchapter). (b) Each package containing a hazardous material bearing package orientation markings prescribed in § 172.312 of this subchapter must be loaded within a transport vehicle or freight container to remain in the correct position indicated by those markings during transportation. (c) The doors of a freight container or transport vehicle may not be used to secure a load that includes a package containing a hazardous material unless the doors meet the design strength requirements of Specification M-930 (for freight containers) and M-931 (for trailers) in the AAR's specification for “Specially Equipped Freight Car and Intermodal Equipment” (IBR, see § 171.7 of this subchapter) and the load is also within the limits of the design strength requirements for the doors. | |||
| 49:49:2.1.1.3.11.3.25.2 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | C | Subpart C—General Handling and Loading Requirements | § 174.57 Cleaning cars. | PHMSA | All hazardous material which has leaked from a package in any rail car or on other railroad property must be carefully removed. | ||||
| 49:49:2.1.1.3.11.3.25.3 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | C | Subpart C—General Handling and Loading Requirements | § 174.59 Marking and placarding of rail cars. | PHMSA | [74 FR 53189, Oct. 16, 2009] | No person may transport a rail car carrying hazardous materials unless it is marked and placarded as required by this subchapter. Placards and car certificates lost in transit must be replaced at the next inspection point, and those not required must be removed at the next terminal where the train is classified. For Canadian shipments, required placards lost in transit, must be replaced either by those required by part 172 of this subchapter or by those authorized under § 171.12. | |||
| 49:49:2.1.1.3.11.3.25.4 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | C | Subpart C—General Handling and Loading Requirements | § 174.61 Transport vehicles and freight containers on flat cars. | PHMSA | [Amdt. 174-26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174-26A, 41 FR 40685, Sept. 20, 1976; Amdt. 174-38, 45 FR 32698, May 19, 1980; Amdt. 174-39, 45 FR 81572, Dec. 11, 1980; Amdt. 174-59, 51 FR 5974, Feb. 18, 1986; Amdt. 174-68, 57 FR 45464, Oct. 1, 1992; Amdt. 174-79, 59 FR 64744, Dec. 15, 1994] | (a) A transport vehicle, freight container, or package containing a hazardous material must be designed and loaded so that it will not become damaged to an extent that would affect its integrity under conditions normally incident to transportation. Each unit must be secured on a flatcar so that it cannot permanently change position during transit. Packages of hazardous materials contained therein must be loaded and braced as provided by §§ 174.101, 174.112, 174.115 and 174.55. Placards must be applied when prescribed by part 172 of this subchapter and part 174. (b) Except as specified in § 173.21, a truck body, trailer, or freight container equipped with heating or refrigerating equipment which has fuel or any article classed as a hazardous material may be loaded and transported on a flat car as part of a joint rail highway movement. The heating or refrigerating equipment is considered to be a part of the truck body or trailer and is not subject to any other requirements of this subchapter. The truck body, trailer, or freight container must be secured on the flatcar so that it cannot change position during transit. | |||
| 49:49:2.1.1.3.11.3.25.5 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | C | Subpart C—General Handling and Loading Requirements | § 174.63 Portable tanks, IM portable tanks, IBCs, Large Packagings, cargo tanks, and multi-unit tank car tanks. | PHMSA | [Amdt. 174-79, 59 FR 64744, Dec. 15, 1994, as amended by 66 FR 45383, Aug. 28, 2001; 68 FR 75747, Dec. 31, 2003; 75 FR 5395, Feb. 2, 2010; 77 FR 37985, June 25, 2012] | (a) A carrier may not transport a bulk packaging ( e.g., portable tank, IM portable tank, IBC, Large Packaging, cargo tank, or multi-unit tank car tank) containing a hazardous material in container-on-flatcar (COFC) or trailer-on-flatcar (TOFC) service except as authorized by this section or unless approved for transportation by the Associate Administrator for Safety, FRA. (b) A bulk packaging containing a hazardous material (including IM 101 and IM 102 when appropriate according to dimensions and weight distribution) may be transported inside a fully closed transport vehicle or fully closed freight container provided it is properly secured with a restraint system that will prevent it from changing position, sliding into other packages, or contacting the side or end walls (including doors) under conditions normally incident to transportation. (c) When not transported in conformance with and subject to paragraph (b) of this section, a bulk packaging may be transported in COFC service or TOFC service subject to the following conditions as applicable: (1) The bulk packaging contains a material packaged in accordance with § 173.240, § 173.241, § 173.242, or § 173.243 of this subchapter; (2) The tank and flatcar must comply with the applicable requirements of the HMR concerning their specification. (3) For TOFC service, the trailer chassis conforms to requirements in paragraphs 3, 4, 5, and 6 of AAR Specification M-943, “Container Chassis For TOFC Service” of the AAR specification for “Specially Equipped Freight Car and Intermodal Equipment” (IBR, see § 171.7 of this subchapter); (4) For COFC service, the container support and securement systems conform to requirements in Specification M-952, “Intermodal Container Support and Securement Systems for Freight Cars”, of the AAR specification for “Specially Equipped Freight Car and Intermodal Equipment” (IBR, see § 171.7 of this subchapter); (5) If transported in a well car— (i) The tank is not in a double-stacked configuration (i.e., no freight container or porta… | |||
| 49:49:2.1.1.3.11.3.25.6 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | C | Subpart C—General Handling and Loading Requirements | § 174.67 Tank car unloading. | PHMSA | [Amdt. 174-26, 41 FR 16092, Apr. 15, 1976] | For transloading operations, the following rules must be observed: (a) General requirements. (1) Unloading operations must be performed by hazmat employees properly instructed in unloading hazardous materials and made responsible for compliance with this section. (2) Each hazmat employee who is responsible for unloading must apply the handbrake and block at least one wheel to prevent motion in any direction. If multiple tank cars are coupled together, sufficient hand brakes must be set and wheels blocked to prevent motion in both directions. (3) Each hazmat employee who is responsible for unloading must secure access to the track to prevent entry by other rail equipment, including motorized service vehicles. This requirement may be satisfied by lining each switch providing access to the unloading area against motion and securing each switch with an effective locking device, or by using derails, portable bumper blocks, or other equipment that provides an equivalent level of safety. (4) Each hazmat employee who is responsible for unloading must display caution signs on the track or on the tank cars to warn persons approaching the cars from the open end of the track and must be left up until after all closures are secured and the cars are in proper condition for transportation. The caution signs must be of metal or other durable material, rectangular, at 30.48 cm (12 inches) high by 38.10 cm (15 inches) wide, and bear the word “STOP.” The word “STOP” must appear in letters at least 10.16 cm (4 inches) high. The letters must be white on a blue background. Additional words, such as “Tank Car Connected” or “Crew at Work,” may also appear in white letters under the word “STOP.” (5) The transloading facility operator must maintain written safety procedures (such as those it may already be required to maintain pursuant to the Department of Labor's Occupational Safety and Health Administration requirements in 29 CFR 1910.119 and 1910.120) in a location where they are immediately available to hazmat employees respons… | |||
| 49:49:2.1.1.3.11.3.25.7 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | C | Subpart C—General Handling and Loading Requirements | § 174.81 Segregation of hazardous materials. | PHMSA | [Amdt. 174-68, 55 FR 52678, Dec. 21, 1990, as amended at 56 FR 66280, Dec. 20, 1991; 57 FR 45464, Oct. 1, 1992; Amdt. 174-68, 57 FR 59310, Dec. 15, 1992; Amdt. 174-75, 58 FR 50237, Sept. 24, 1993; Amdt. 174-83, 61 FR 51339, Oct. 1, 1996; 64 FR 10781, Mar. 5, 1999; 66 FR 45383, Aug. 28, 2001; 67 FR 15743, Apr. 3, 2002; 70 FR 3310, Jan. 24, 2005; 75 FR 27215, May 14, 2010] | (a) This section applies to materials which meet one or more of the hazard classes defined in this subchapter and are in packages which are required to be labeled or placarded under the provisions of part 172 of this subchapter. (b) When a rail car is to be transported by vessel, other than a ferry vessel, hazardous materials on or within that rail car must be stowed and segregated in accordance with § 176.83(b) of this subchapter. (c) Except as provided in § 173.12(e) of this subchapter, cyanides, cyanide mixtures or solutions may not be stored, loaded and transported with acids; Division 4.2 materials may not be stored, loaded and transported with Class 8 liquids; and Division 6.1 Packing Group I, Hazard Zone A material may not be stored, loaded and transported with Class 3 material, Class 8 liquids, and Division 4.1, 4.2, 4.3, 5.1 or 5.2 material. (d) Except as otherwise provided in this subchapter, hazardous materials must be stored, loaded or transported in accordance with the following table and other provisions of this section: Segregation Table for Hazardous Materials (e) Instructions for using the segregation table for hazardous materials in paragraph (d) of this section are as follows: (1) The absence of any hazard class or division, or a blank space in the table indicates that no restrictions apply. (2) The letter “X” in the table indicates that these materials may not be loaded, transported, or stored together in the same rail car or storage facility during the course of transportation. (3) The letter “O” in the table indicates that these materials may not be loaded, transported, or stored together in the same rail car or storage facility during the course of transportation unless separated in a manner that, in the event of leakage from packages under conditions normally incident to transportation, commingling of hazardous materials would not occur. Notwithstanding the methods of separation employed, Class 8 (corrosive) liquids may not be loaded above or adjacent to Class 4 (flammable) or Clas… | |||
| 49:49:2.1.1.3.11.4.25.1 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | D | Subpart D—Handling of Placarded Rail Cars, Transport Vehicles and Freight Containers | § 174.82 General requirements for the handling of placarded rail cars, transport vehicles, freight containers, and bulk packages. | PHMSA | [Amdt. 174-68, 55 FR 52680, Dec. 21, 1990, as amended at 56 FR 66281, Dec. 20, 1991; 57 FR 45464, Oct. 1, 1992; Amdt. 174-74, 58 FR 51533, Oct. 1, 1993; 87 FR 79783, Dec. 27, 2022] | (a) Unless otherwise specified, this subpart does not apply to the handling of rail cars, transport vehicles, freight containers, or bulk packagings, which contain Division 1.6, combustible liquids, Division 6.1 PG III materials, or Class 9 materials. (b) A placarded rail car, transport vehicle, freight container, or bulk package may not be transported in a passenger train. | |||
| 49:49:2.1.1.3.11.4.25.2 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | D | Subpart D—Handling of Placarded Rail Cars, Transport Vehicles and Freight Containers | § 174.83 Switching placarded rail cars, transport vehicles, freight containers, and bulk packagings. | PHMSA | [Amdt. 174-68, 55 FR 52680, Dec. 21, 1990, as amended at 56 FR 66281, Dec. 20, 1991; Amdt. 174-75, 58 FR 50237, Sept. 24, 1993; Amdt. 174-77, 59 FR 48549, Sept. 21, 1994; Amdt. 174-83, 61 FR 51339, Oct. 1, 1996; 66 FR 45383, Aug. 28, 2001] | (a) In switching operations where the use of hand brakes is necessary— (1) It must be determined by trial whether a loaded, placarded car, or a car occupied by a rider in a draft containing a placarded car, has its hand brakes in proper working condition before it is cut off; (2) A loaded, placarded tank car or a draft which includes a loaded placarded tank car may not be cut off until the preceding rail car clears the ladder track; and (3) A loaded, placarded tank car or a draft which includes a loaded placarded tank car must clear the ladder track before another rail car is allowed to follow. (b) Any loaded rail car placarded for a Division 1.1 or Division 1.2 explosive, a Division 2.3 Hazard Zone A gas or a Division 6.1 PG I Hazard Zone A material, or a Class DOT 113 tank car displaying a Division 2.1 (flammable gas) placard, including a Class DOT 113 tank car containing only a residue of a Division 2.1 material, may not be: (1) Cut off while in motion; (2) Coupled into with more force than is necessary to complete the coupling; or (3) Struck by any car moving under its own momentum. (c) A placarded flatcar, or a flatcar carrying a placarded transport vehicle, freight container, or bulk packaging under this subchapter may not be cut off while in motion. (d) No rail car moving under its own momentum may be permitted to strike any placarded flatcar or any flatcar carrying a placarded transport vehicle, freight container, or bulk packaging. (e) No placarded flatcar or any flatcar carrying a placarded transport vehicle, freight container, or bulk packaging may be coupled into with more force than is necessary to complete the coupling. (f) When transporting a rail car, transport vehicle, or freight container placarded for Division 1.1 or 1.2 (explosive) materials in a terminal, yard, or on a side track or siding, the placarded rail car must be separated from the engine by at least one non-placarded rail car and must be placed in a location so that it will be safe from danger of fire. A rail car, transpor… | |||
| 49:49:2.1.1.3.11.4.25.3 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | D | Subpart D—Handling of Placarded Rail Cars, Transport Vehicles and Freight Containers | § 174.84 Position in train of loaded placarded rail cars, transport vehicles, freight containers or bulk packagings when accompanied by guards or technical escorts. | PHMSA | [Amdt. 174-68, 55 FR 52680, Dec. 21, 1990, as amended at 56 FR 66281, Dec. 20, 1991; 66 FR 45383, Aug. 28, 2001] | A rail car placarded in Division 1.1 or 1.2 (explosive); Division 2.3 (Hazard Zone A; poisonous gas); or Division 6.1 (PG I, Hazard Zone A; poisonous liquid) in a moving or standing train must be next to and ahead of any car occupied by the guards or technical escorts accompanying the placarded rail car. However, if a rail car occupied by the guards or technical escorts has temperature control equipment in operation, it must be the fourth car behind any car requiring Division 1.1 or 1.2 (explosive) placards. | |||
| 49:49:2.1.1.3.11.4.25.4 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | D | Subpart D—Handling of Placarded Rail Cars, Transport Vehicles and Freight Containers | § 174.85 Position in train of placarded cars, transport vehicles, freight containers, and bulk packagings. | PHMSA | [Amdt. 174-68, 55 FR 52680, Dec. 21, 1990, as amended at 57 FR 45464, Oct. 1, 1992; Amdt. 174-83, 61 FR 28678, June 5, 1996; Amdt.174-83, 61 FR 50255, Sept. 25, 1996; Amdt. 174-83, 61 FR 51339, Oct. 1, 1996; 64 FR 51919, Sept. 27, 1999; 66 FR 45383, Aug. 28, 2001] | (a) Except as provided in paragraphs (b) and (c) of this section, the position in a train of each loaded placarded car, transport vehicle, freight container, and bulk packaging must conform to the provisions of this section. (b) A car placarded “RADIOACTIVE” must comply with train positioning requirements of paragraph (d) of this section and must be separated from a locomotive, occupied caboose, or carload of undeveloped film by at least one non-placarded car. (c) A tank car containing the residue of a hazardous material must be separated 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 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 intersection of a Placard Group column and a Restriction row, the corresponding restriction applies. (2) “Rail Car” means a car other than a tank car. (3) For purposes of this subpart, each unit of an articulated intermodal rail car shall be considered as one car. | |||
| 49:49:2.1.1.3.11.4.25.5 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | D | Subpart D—Handling of Placarded Rail Cars, Transport Vehicles and Freight Containers | § 174.86 Maximum allowable operating speed. | PHMSA | [74 FR 1801, Jan. 13, 2009] | (a) For molten metals and molten glass shipped in packagings other than those prescribed in § 173.247 of this subchapter, the maximum allowable operating speed may not exceed 24 km/hour (15 mph) for shipments by rail. (b) For trains transporting any loaded, placarded tank cars containing a material poisonous by inhalation, the maximum allowable operating speed may not exceed 80.5 km/hour (50 mph) for shipments by rail. | |||
| 49:49:2.1.1.3.11.5.25.1 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | E | Subpart E—Class I (Explosive) Materials | § 174.101 Loading Class 1 (explosive) materials. | PHMSA | [Amdt. 174-26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174-26A, 41 FR 40685, Sept. 20, 1976; Amdt. 174-26B, 41 FR 57071, Dec. 30, 1976; Amdt. 174-36, 44 FR 70732, Dec. 10, 1979; Amdt. 174-59, 51 FR 5974, Feb. 18, 1986; Amdt. 174-68, 55 FR 52681, Dec. 21, 1990; Amdt. 174-83, 61 FR 51339, Oct. 1, 1996; 66 FR 45383, Aug. 28, 2001; 76 FR 43531, July 20, 2011; 87 FR 79783, Dec. 27, 2022] | (a) Boxes containing Division 1.1 or 1.2 (explosive) materials must be loaded so that the ends of wooden boxes will not bear against sides of any fiberboard boxes and so that the ends of any box will not cause a pressure point on a small area of another box. (b) Explosive bombs, unfuzed projectiles, rocket ammunition and rocket motors, Division 1.1, 1.2, or 1.3 (explosive) materials, which are not packed in wooden boxes, or large metal packages of incendiary bombs, each weighing 226 kg (500 pounds) or more, may be loaded in stock cars or in flat bottom gondola cars only if they are adequately braced. Boxed bombs, rocket ammunition and rocket motors, Division 1.1, 1.2, or 1.3 (explosive) materials, which due to their size cannot be loaded in closed cars, may be loaded in open-top cars or on flatcars, provided they are protected from the weather and accidental ignition. (c) Boxes of Division 1.1 or 1.2 (explosive) materials packed in long cartridges, bags, or sift-proof liners, and containing no liquid explosive ingredient, may be loaded on their sides or ends. (d) Division 1.1 or 1.2 (explosive) materials may not be loaded higher than any permanent car lining unless additional lining is provided as high as the lading. (e) When the lading of a car includes any Class 1 (explosive) materials, the weight of the lading must be distributed insofar as possible to equalize the weight on each side of the car and over the trucks. (f) Except when boxed, metal kegs containing Class 1 (explosive) materials must be loaded on their sides with their ends toward the ends of the car. Packages of Class 1 (explosive) materials may not be placed in the space opposite the doors unless the doorways are boarded on the inside as high as the lading. This paragraph does not apply to palletized packages if they are braced so they cannot fall or slide into the doorways during transportation. (g) Wooden kegs, fiber kegs, barrels, and drums must be loaded on their sides or ends, to best suit the conditions. (h) Packages containing any Di… | |||
| 49:49:2.1.1.3.11.5.25.10 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | E | Subpart E—Class I (Explosive) Materials | § 174.115 Loading Division 1.4 (explosive) materials. | PHMSA | [Amdt. 174-26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174-36, 44 FR 70732, Dec. 10, 1979; Amdt. 174-68, 55 FR 52682, Dec. 21, 1990; 66 FR 45383, Aug. 28, 2001; 68 FR 61942, Oct. 30, 2003; 76 FR 43531, July 20, 2011; 87 FR 79783, Dec. 27, 2022] | (a) Division 1.4 (explosive) materials may be loaded into any closed car in good condition, or into any container car in good condition. Car certificates are not required. Packages of Division 1.4 (explosive) materials must be blocked and braced to prevent their shifting and possible damage due to shifting of other freight during transportation. For methods of recommended loading and bracing see the Intermodal Loading Guide for Products in Closed Trailers and Containers (see Table 1 to § 171.7 of this subchapter). (b) Division 1.4 (explosive) materials may not be transported in a truck body, trailer, or container on a flatcar unless: (1) The truck body, trailer, or container is closed and tight; (2) All automatic heating or refrigerating machinery with which the truck body, trailer, or container is equipped is inoperative; and (3) Packages of Division 1.4 (explosive) materials are blocked and braced within the truck body, trailer, or container to prevent their shifting and possible damage due to shifting of other freight during transportation. Ends, side walls, or doors of the truck body, trailer, or container may not be relied on to prevent shifting of heavy loads. For recommended methods of blocking and bracing see the Intermodal Loading Guide for Products in Closed Trailers and Containers (IBR, see § 171.7 of this subchapter). | |||
| 49:49:2.1.1.3.11.5.25.2 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | E | Subpart E—Class I (Explosive) Materials | § 174.102 Forbidden mixed loading and storage. | PHMSA | [Amdt. 174-26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174-68, 55 FR 52681, Dec. 21, 1990; 66 FR 45383, Aug. 28, 2001] | (a) Division 1.1 or 1.2 (explosive) materials and initiating or priming explosives may not be transported together in the same rail car. Additionally, they may not be transported or loaded in the same rail car or stored on carrier property with charged electric storage batteries or with any hazardous material for which a NONFLAMMABLE GAS, FLAMMABLE GAS, FLAMMABLE LIQUID, FLAMMABLE SOLID, OXIDIZER, ORGANIC PEROXIDE, RADIOACTIVE or CORROSIVE label is required. (b) Class 1 (explosive) materials may not be loaded together or with other hazardous materials, except as provided in § 174.81. See § 174.104 for loading shipments of Class 1 (explosive) materials or any other material in a placarded and certified car containing a shipment of Division 1.1 or 1.2 (explosive) materials. | |||
| 49:49:2.1.1.3.11.5.25.3 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | E | Subpart E—Class I (Explosive) Materials | § 174.103 Disposition of damaged or astray shipments. | PHMSA | [Amdt. 174-26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174-68, 55 FR 52681, Dec. 21, 1990; 66 FR 45383, Aug. 28, 2001] | (a) Packages of Class 1 (explosive) materials found damaged or broken in transit may be repaired when practicable and not dangerous. A broken box of Division 1.1 or 1.2 (explosive) materials that cannot be repaired must be reinforced by stout wrapping paper and twine, placed in another strong box and surrounded by dry, fine sawdust or dry and clean cotton waste or elastic wads made from dry newspapers. A ruptured can or keg must be sealed and enclosed in a strong cloth bag of good quality and boxed. Damaged packages thus protected and properly marked may be forwarded. The box and waybill must be marked to indicate that it has been repacked. (b) Care must be exercised in repacking damaged containers so that no spark is produced by contact of metal or other hard surfaces which could ignite loose particles of explosive compositions that may be strewn on car floors or freight. In addition, the car floors must be thoroughly swept, and washed with a plentiful supply of water. Iron-wheel trucks, metal hammers, or other metal tools that may produce sparks may not be used. Metal tools must be limited to those made of brass, bronze, or copper. (c) Each package of Class 1 (explosive) materials showing evidence of leakage of liquid ingredients must: (1) Be refused if leakage is discovered before acceptance; (2) Be disposed of to a person who is competent and willing to remove them from the carrier's property, if the leakage is discovered while the shipment is in transit; or (3) Be removed immediately by consignee, if the leakage is discovered at the shipment's destination. (d) When the disposition required by paragraph (c) of this section cannot be made, the leaking package must be packed in other boxes large enough to permit enclosure and the leaking boxes must be surrounded by at least 5 cm (2 inches) of dry, fine sawdust or dry and clean cotton waste, and be stored in a station magazine or other safe place until the arrival of an inspector of the Bureau of Explosives, or other authorized person, to superintend the d… | |||
| 49:49:2.1.1.3.11.5.25.4 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | E | Subpart E—Class I (Explosive) Materials | § 174.104 Division 1.1 or 1.2 (explosive) materials; car selection, preparation, inspection, and certification. | PHMSA | [Amdt. 174-26, 41 FR 16092, Apr. 15, 1976] | (a) Except as provided in § 174.101 (b), (n), and (o), Division 1.1 or 1.2 (explosive) materials being transported by rail may be transported only in a certified and properly placarded closed car of not less than 36,300 kg (80,028 pounds) capacity, with steel underframes and friction draft gear or cushioned underframe, except that on a narrow-gauge railroad they may be transported in a car of less capacity as long as the car of greatest capacity and strength available is used. (b) Each rail car used for transporting Division 1.1 or 1.2 (explosive) materials must meet the following requirements as applicable: (1) The car must be equipped with air brakes, hand brakes, and roller bearings which are in condition for service. (2) The car may not have any holes or cracks in the roof, sides, ends, or doors through which sparks may enter, or unprotected decayed spots which may hold sparks and start a fire. (3) The roof of the car must be carefully inspected from the outside for decayed spots, especially under or near the running board, and such spots must be covered or repaired to prevent their holding fire from sparks. A car with a roof generally decayed, even if tight, may not be used. (4) The doors must close tightly so that sparks cannot get in at the joints, and, if necessary to achieve this degree of tightness, the doors must be stripped. The stripping should be placed on the inside and fastened to the door frames where it will form a shoulder against which the closed doors are pressed by means of wedges or cleats in door shoes or keepers. The openings under the doors should be similarly closed. The hasp fastenings must be examined with the doors closed and fastened, and the doors must be cleated when necessary to prevent them from shifting. When the car is opened for any reason, the wedges or cleats must be replaced before car containing Class 1 (explosive) materials is permitted to proceed. (5) The roller bearings and the trucks must be carefully examined and put in such condition as to reduce to a minimum … | |||
| 49:49:2.1.1.3.11.5.25.5 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | E | Subpart E—Class I (Explosive) Materials | § 174.105 Routing shipments, Division 1.1 or 1.2 (explosive) materials. | PHMSA | [Amdt. 174-26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174-68, 55 FR 52682, Dec. 21, 1990; 66 FR 45383, Aug. 28, 2001] | Before a shipment of Division 1.1 or 1.2 (explosive) materials destined to a point beyond the lines of the initial carrier is accepted from the shipper, the initial carrier shall ascertain that the shipment can go forward by the route designated. To avoid delays en route, the initial carrier must be in possession of full rate information before forwarding the shipment. | |||
| 49:49:2.1.1.3.11.5.25.6 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | E | Subpart E—Class I (Explosive) Materials | § 174.106 “Order-Notify” or “C.O.D.” shipments, Division 1.1 or 1.2 (explosive) materials. | PHMSA | [Amdt. 174-26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174-36, 44 FR 70732, Dec. 10, 1979; Amdt. 174-68, 55 FR 52682, Dec. 21, 1990; 66 FR 45383, Aug. 28, 2001] | (a) A carrier may not accept for transportation Division 1.1 or 1.2 (explosive) materials, detonators, or detonating primers in any quantity when consigned to “order-notify” or “C.O.D.”, except on a through bill of lading to a place outside the United States. (b) A carrier may not accept for transportation Division 1.1 or 1.2 (explosive) materials, detonators, or detonating primers which the shipper consigns to himself unless the shipper has a resident representative to receive them at the delivery point. (c) A carrier may not accept Division 1.1 or 1.2 (explosive) materials for transportation subject to “stop-off privileges en route for partial loading or unloading.” | |||
| 49:49:2.1.1.3.11.5.25.7 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | E | Subpart E—Class I (Explosive) Materials | § 174.110 Car magazine. | PHMSA | [Amdt. 174-26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174-26A, 41 FR 40685, Sept. 20, 1976; Amdt. 174-68, 55 FR 52682, Dec. 21, 1990; 66 FR 45383, Aug. 28, 2001; 68 FR 61942, Oct. 30, 2003] | When specially authorized by the carrier, Division 1.1 or 1.2 (explosive) materials in quantity not exceeding 68 kg (150 pounds) may be carried in construction or repair cars if the packages of Class 1 (explosive) materials are placed in a “magazine” box made of sound lumber not less than 2.5 cm (0.98 inch) thick, covered on the exterior with metal, and provided with strong handles. The box must be plainly stenciled on the top, sides, and ends, in letters not less than 5 cm (2 inches) high, “EXPLOSIVES—DANGEROUS—HANDLE CAREFULLY”. The box must be provided with strong hinges and with a lock for keeping it securely closed. Vacant space in the box must be filled with a cushioning material such as sawdust or excelsior, and the box must be properly stayed to prevent shifting within the car. The car must be placarded with EXPLOSIVES 1.1 or 1.2 (EXPLOSIVES A) placards when the magazine contains Division 1.1 or 1.2 (explosive) materials. | |||
| 49:49:2.1.1.3.11.5.25.8 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | E | Subpart E—Class I (Explosive) Materials | § 174.112 Loading Division 1.3 materials and Division 1.2 (explosive) materials (Also see § 174.101). | PHMSA | [Amdt. 174-26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174-26B, 41 FR 57072, Dec. 30, 1976; Amdt. 174-68, 55 FR 52682, Dec. 21, 1990; Amdt. 174-83, 61 FR 51339, Oct. 1, 1996; 66 FR 45383, Aug. 28, 2001; 68 FR 61942, Oct. 30, 2003; 76 FR 43531, July 20, 2011; 87 FR 79783, Dec. 27, 2022] | (a) Division 1.3 materials and Division 1.2 (explosive) materials may not be loaded, transported or stored in a rail car equipped with any type of lighted heater or open-flame device, or in a rail car equipped with any apparatus or mechanism utilizing an internal combustion engine in its operation. (b) Except as provided in § 174.101(b), (n), or (o), Division 1.3 materials and Division 1.2 (explosive) materials must be transported in a closed car or container car which is in good condition, and into which sparks cannot enter. The car does not require the car certificates prescribed in § 174.104(c) through (f). If the doors are not tight, they must be stripped to prevent the entrance of sparks. Wood floored cars must be equipped with spark shields ( see § 174.104). Packages of Division 1.3 materials and Division 1.2 (explosive) materials must be blocked and braced to prevent their shifting and possible damage due to shifting of other freight during transportation. For recommended methods of blocking and bracing see the Intermodal Loading Guide for Products in Closed Trailers and Containers ( see Table 1 to § 171.7 of this subchapter). (c) Division 1.3 materials and Division 1.2 (explosive) materials may not be transported in a truck body, trailer, or container on a flatcar unless: (1) The truck body, trailer, or container is closed and tight; (2) All automatic heating or refrigerating machinery with which the truck body, trailer, or container is equipped is inoperative; and (3) Packages of Division 1.2 materials and Division 1.3 (explosive) materials are blocked and braced within the truck body, trailer, or container to prevent their shifting and possible damage due to shifting of other freight during transportation (ends, sidewalls, or doors of the truck body, trailer, or container may not be relied on to prevent the shifting of heavy loads). For recommended methods of blocking and bracing see the Intermodal Loading Guide for Products in Closed Trailers and Containers (IBR, see § 171.7 of this subchapter… | |||
| 49:49:2.1.1.3.11.5.25.9 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | E | Subpart E—Class I (Explosive) Materials | § 174.114 Record to be made of change of seals on “Cars loaded with Division 1.1 or 1.2 (explosive) materials”. | PHMSA | [Amdt. 174-26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174-26A, 41 FR 40685, Sept. 20, 1976; Amdt. 174-68, 55 FR 52682, Dec. 21, 1990] | When a car seal is changed on a car requiring “EXPLOSIVES 1.1 or EXPLOSIVES 1.2 (EXPLOSIVES A) placards” while en route or before delivery to a consignee, a record of the change showing the following information must be made on or attached to the waybill or other form of memorandum which must accompany the car to its destination: Railroad Place Date Car Initials Car Number Number or description of seal broken Number or description of seal used to reseal car Reasons for opening car Condition of load Name and occupation of person opening car Railroad Place Date Car Initials Car Number Number or description of seal broken | |||
| 49:49:2.1.1.3.11.6.25.1 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | F | Subpart F—Detailed Requirements for Class 2 (Gases) Materials | § 174.200 Special handling requirements. | PHMSA | [Amdt. 174-26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174-68, 55 FR 52682, Dec. 21, 1990; 56 FR 66281, Dec. 20, 1991; 85 FR 45030, July 24, 2020; 90 FR 26459, June 23, 2025] | (a) Division 2.1 (flammable gas) materials may not be loaded, transported, or stored in a rail car equipped with any type of lighted heater or open-flame device, or in a rail car equipped with any apparatus or mechanism utilizing an internal combustion engine in its operation. (b) Division 2.1 (flammable gas) materials may not be loaded in a truck body or trailer equipped with any type of lighted heater or any automatic heating or refrigerating apparatus when such truck bodies or trailers are loaded on flatcars except as provided in paragraph (c) of this section. (c) Heating or refrigeration apparatus may be operated on a motor vehicle loaded on a flatcar when the motor vehicle is loaded with Division 2.1 (flammable gas) materials only if: (1) The lading space is not equipped with any electrical apparatus that is not non-sparking or explosion-proof; (2) There is no combustion apparatus in the lading space; (3) There is no connection for the return of air from the lading space to any combustion apparatus; and (4) The heating system conforms to § 393.77 of this title and does not heat any part of the lading over 54 °C (129 °F). | |||
| 49:49:2.1.1.3.11.6.25.2 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | F | Subpart F—Detailed Requirements for Class 2 (Gases) Materials | § 174.201 Class 2 (gases) material cylinders. | PHMSA | [Amdt. 174-26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174-26A, 41 FR 40685, Sept. 20, 1976; Amdt. 174-32, 43 FR 48644, Oct. 19, 1978; Amdt. 174-68, 55 FR 52682, Dec. 21, 1990] | (a) Except as provided in paragraphs (b) and (c) of this section, cylinders containing Class 2 (gases) materials being transported in a rail car must be: (1) Securely lashed in an upright position so as to prevent their overturning; (2) Loaded into racks securely attached to the car; (3) Packed in boxes or crates of such dimensions as to prevent their overturning; or (4) Loaded in a horizontal position. (b) Specification DOT-4L (§ 178.57 of this subchapter) cylinders being transported in a rail car must be loaded in an upright position and be securely braced. (c) Cylinders containing Class 2 (gases) materials may be transported in stock cars, gondola cars and flat cars. However, they may not be transported in hopper bottom cars. | |||
| 49:49:2.1.1.3.11.6.25.3 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | F | Subpart F—Detailed Requirements for Class 2 (Gases) Materials | § 174.204 Tank car delivery of gases, including cryogenic liquids. | PHMSA | [Amdt. 174-26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174-26A, 41 FR 40685, Sept. 20, 1976; Amdt. 174-32, 43 FR 48644, Oct. 19, 1978; Amdt. 174-43, 48 FR 27699, June 16, 1983; 48 FR 50440, 50441, Nov. 1, 1983; Amdt. 174-68, 55 FR 52682, Dec. 21, 1990] | (a) A tank car containing Class 2 (gases) material may not be unloaded unless it is consigned for delivery and unloaded on a private track (see § 171.8 of this subchapter). However, if a private track is not available, it may be delivered and unloaded on carrier tracks subject to the following conditions: (1) A tank car of DOT-106A or 110A type (§ 179.300 or § 179.301 of this subchapter) may not be delivered and the loaded unit tanks may not be removed from the car frame on carrier tracks. However, a carrier may give permission for the unloading of these containers on carrier tracks only if a private siding is not available within a reasonable trucking distance of the final destination. In addition, before the car is accepted for transportation, the shipper must obtain from the delivering carrier and file with the originating carrier, written permission for the removal and the consignee must furnish an adequately strong mechanical hoist by which the tanks can be lifted from the car and deposited directly upon vehicles furnished by the consignee for immediate removal from carrier property. (2) The following tank cars may not be delivered and unloaded on carrier tracks unless the lading is piped directly from the car to permanent storage tanks of sufficient capacity to receive the entire contents of the car; however, such cars may be stored on a private track (see § 171.8 of this subchapter) or on carrier tracks designated by the carrier for such storage: (i) A tank car containing Division 2.1 (flammable gas) material that is a cryogenic liquid; or (ii) A tank car, except for a DOT-106A or 110A multi-unit tank car tank (§ 179.300 or § 179.301 of this subchapter), containing anhydrous ammonia; hydrogen chloride, refrigerated liquid; hydrocarbon gas, liquefied; or liquefied petroleum gas; and having interior pipes for liquid and gas discharge valves equipped with check valves. (b) [Reserved] | |||
| 49:49:2.1.1.3.11.6.25.4 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | F | Subpart F—Detailed Requirements for Class 2 (Gases) Materials | § 174.290 Materials extremely poisonous by inhalation shipped by, for, or to the Department of Defense. | PHMSA | [Amdt. 174-68, 55 FR 52683, Dec. 21, 1990; Amdt. 174-74, 58 FR 51533, Oct. 1, 1993; 65 FR 58630, Sept. 29, 2000; 87 FR 79783, Dec. 27, 2022] | (a) General. The provisions of this section apply only to materials extremely poisonous by inhalation which are Division 2.3 materials in Hazard Zone A and Division 6.1 materials in Hazard Zone A, as defined in § 173.133(a)(2) of this subchapter. Such materials when shipped by, for, or to the Department of Defense may be transported by rail only if loaded and handled in accordance with the requirements of this section. (b) A Division 2.3 Hazard Zone A or a Division 6.1 Hazard Zone A material extremely poisonous by inhalation may be transported in: (1) UN 1N1 or UN 1N2 metal drums or equivalent military specification metal drums, by boxcar, gondola car (flat bottom), or stock car in carload lots. See §§ 174.55 and 174.600 for blocking, bracing, and stowage requirements; (2) Tanks which are authorized under this subchapter for a Hazard Zone A material extremely poisonous by inhalation, Specification DOT 106A (§§ 179.300 and 179.301 of this subchapter), mounted on or secured to a multi-unit car or gondola car (flat bottom) in carload lots only; (3) Bombs, by boxcar, or gondola car (flat bottom) in carload lots only; or (4) Projectiles or ammunition for cannon with gas filled projectiles, by boxcar in carload or less-than-carload lots. (c) Each shipment of one or more carloads of a material extremely poisonous by inhalation, as described in paragraph (b) of this section, must be accompanied by a Department of Defense qualified escort supplied with equipment to handle leaks and other packaging failures which could result in escape of the material. The escort shall remain with the shipment during the entire time that it is in the custody of the carrier and in the event of leakage or escape of material, shall make repairs and perform decontamination as necessary. (d) When a material extremely poisonous by inhalation is transported in a tank, the tank must be securely mounted on a rail car especially provided for it or on a gondola car prepared with substantial wooden frames and blocks. (e) Bombs, projectiles, an… | |||
| 49:49:2.1.1.3.11.7.25.1 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | G | Subpart G—Detailed Requirements for Class 3 (Flammable Liquid) Materials | § 174.300 Special handling requirements. | PHMSA | [Amdt. 174-26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174-31, 43 FR 31143, July 20, 1978; Amdt. 174-68, 55 FR 52683, Dec. 21, 1990] | (a) Class 3 (flammable liquid) materials may not be loaded, transported, or stored in a rail car equipped with any type of lighted heater or open-flame device, or in a rail car equipped with any apparatus or mechanism utilizing an internal combustion engine in its operation. (b) A truck body or trailer which is loaded with a Class 3 (flammable liquid) materials and equipped with a lighted heater or any automatic heating or refrigerating apparatus may not be loaded on a flatcar except as provided in paragraph (c) of this section. (c) Heating or refrigeration apparatus on a motor vehicle loaded with Class 3 (flammable liquid) materials may be operated while the motor vehicle is loaded on a flatcar only if: (1) The lading space is not equipped with any electrical apparatus that is not non-sparking or explosion-proof; (2) There is no combustion apparatus in the lading space; (3) There is no connection for the return of air from the lading space to any combustion apparatus; and (4) The heating system conforms to § 393.77 of this title and does not heat any part of the lading over 54 °C (129 °F). (d) Metal barrels or drums containing Class 3 (flammable liquid) materials may be transported in a steel gondola or flatcar or in a stock car. However, they may not be transported in a hopper bottom car. | |||
| 49:49:2.1.1.3.11.7.25.2 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | G | Subpart G—Detailed Requirements for Class 3 (Flammable Liquid) Materials | § 174.304 Class 3 (flammable liquid) materials in tank cars. | PHMSA | [Amdt. 174-26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174-32, 43 FR 48644, Oct. 19, 1978; Amdt. 174-68, 55 FR 52683, Dec. 21, 1990] | A tank car containing a Class 3 (flammable liquid) material, other than liquid road asphalt or tar, may not be transported by rail unless it is originally consigned or subsequently reconsigned to a party having a private track on which it is to be delivered and unloaded (see § 171.8 of this subchapter) or to a party using railroad siding facilities which are equipped for piping the liquid from the tank car to permanent storage tanks of sufficient capacity to receive the entire contents of the car. | |||
| 49:49:2.1.1.3.11.7.25.3 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | G | Subpart G—Detailed Requirements for Class 3 (Flammable Liquid) Materials | § 174.310 Requirements for the operation of high-hazard flammable trains. | PHMSA | [80 FR 26748, May 8, 2015, as amended at 83 FR 48401, Sept. 25, 2018; 84 FR 6952, Feb. 28, 2019] | (a) Applicability. Each rail carrier operating a high-hazard flammable train (as defined in § 171.8 of this subchapter) must comply with each of the following additional safety requirements with respect to each high-hazard flammable train that it operates: (1) Routing. The additional planning requirements for transportation by rail in accordance with part 172, subpart I of this subchapter. (2) Speed restrictions. All trains are limited to a maximum speed of 50 mph. The train is further limited to a maximum speed of 40 mph while that train travels within the limits of high-threat urban areas (HTUAs) as defined in § 1580.3 of this title, unless all tank cars containing a Class 3 flammable liquid meet or exceed the DOT Specification 117 standards, the DOT Specification 117P performance standards, or the DOT Specification 117R retrofit standards provided in part 179, subpart D of this subchapter. (3) Braking. Each rail carrier operating a high-hazard flammable train (as defined in § 171.8 of this subchapter) operating at a speed in excess of 30 mph must ensure the train is equipped and operated with either a two-way end-of-train (EOT) device, as defined in 49 CFR 232.5, or a distributed power (DP) system, as defined in 49 CFR 229.5. (4) New tank cars. After October 1, 2015, tank cars manufactured for use in a HHFT must meet: (i) DOT Specification 117, or 117P performance standard in part 179, subpart D of this subchapter; or (ii) An authorized tank specification as specified in part 173, subpart F of this subchapter. (5) Retrofit reporting. Owners of non-jacketed DOT-111 tank cars in PG I service in an HHFT, who are unable to meet the January 1, 2017, retrofit deadline specified in § 173.243(a)(1) of this subchapter are required to submit a report by March 1, 2017, to Department of Transportation. A group representing owners may submit a consolidated report to the Department of Transportation in lieu of individual reports from each tank car owner. The report must include the following information r… | |||
| 49:49:2.1.1.3.11.7.25.4 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | G | Subpart G—Detailed Requirements for Class 3 (Flammable Liquid) Materials | § 174.312 HHFT information sharing notification for emergency response planning. | PHMSA | [84 FR 6952, Feb. 28, 2019] | (a) Prior to operating high-hazard flammable trains (HHFTs) as defined in § 171.8 of this subchapter, a railroad must provide the information described in paragraphs (b) and (c) to each State Emergency Response Commission (SERC), Tribal Emergency Response Commission (TERC), or other appropriate State-delegated agency in each State through which it operates HHFTs. The SERC, TERC, or other appropriate State-delegated agency shall further distribute the information to the appropriate local authorities at their request. (b) At a minimum, the information railroads are required to provide to the relevant State or tribal agencies must include all of the following: (1) A reasonable estimate of the number of HHFTs that the railroad expects to operate each week, through each county within the State or through each tribal jurisdiction; (2) The routes over which the HHFTs will operate; (3) A description of the hazardous materials being transported and all applicable emergency response information required by subparts C and G of part 172 of this subchapter; (4) An HHFT point of contact: At least one point of contact at the railroad (including name or email address, title, phone number and address) who has knowledge of the railroad's transportation of affected trains and who is responsible for serving as the point of contact for the SERC, TERC, or other State or tribal agency responsible for receiving the information; and (5) If a route identified in paragraph (b)(2) of this section is additionally subject to the comprehensive spill plan requirements in subpart C of part 130 of this chapter, the information must include a description of the response zones (including counties and states) and the contact information for the qualified individual and alternate, as specified under § 130.120(c) of this chapter. (c) The HHFT notification must be maintained and transmitted in accordance with all of the following requirements: (1) Railroads must update the notifications for changes in volume greater than 25%. (2) Notifications… | |||
| 49:49:2.1.1.3.11.9.25.1 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | J | Subpart J—Detailed Requirements for Division 6.1 (Poisonous) Materials | § 174.600 Special handling requirements for materials extremely poisonous by inhalation. | PHMSA | [Amdt. 174-68, 55 FR 52684, Dec. 21, 1990] | A tank car containing a material extremely poisonous by inhalation which is a Division 2.3 material in Hazard Zone A or a Division 6.1 material in Hazard Zone A, as defined in § 173.133(a)(2) of this subchapter, may not be transported by rail unless it is originally consigned or subsequently reconsigned to a party having a private track on which it is to be delivered and unloaded (see § 171.8 of this subchapter) or to a party using railroad siding facilities which are equipped for piping the liquid or gas from the tank car to permanent storage tanks or sufficient capacity to receive the entire contents of the car. See the requirements in § 174.290 for materials extremely poisonous by inhalation which are shipped by, for, or to the Department of Defense. | |||
| 49:49:2.1.1.3.11.9.25.2 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | J | Subpart J—Detailed Requirements for Division 6.1 (Poisonous) Materials | § 174.615 Cleaning cars. | PHMSA | [Amdt. 174-26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174-68, 55 FR 52684, Dec. 21, 1990; Amdt. 174-82, 61 FR 18933, Apr. 29, 1996] | (a) [Reserved] (b) After Division 6.1 (poisonous) materials are unloaded from a rail car, that car must be thoroughly cleaned unless the car is used exclusively in the carriage of Division 6.1 (poisonous) materials. | |||
| 49:49:2.1.1.3.11.9.25.3 | 49 | Transportation | I | C | 174 | PART 174—CARRIAGE BY RAIL | J | Subpart J—Detailed Requirements for Division 6.1 (Poisonous) Materials | § 174.680 Division 6.1 (poisonous) materials with foodstuffs. | PHMSA | [64 FR 10781, Mar. 5, 1999] | (a) Except as provided in paragraph (b) of this section, a carrier may not transport any package bearing a POISON or POISON INHALATION HAZARD label in the same car with any material marked as, or known to be, a foodstuff, feed or any other edible material intended for consumption by humans or animals. (b) A carrier must separate any package bearing a POISON label displaying the text “PG III,” or bearing a “PG III” mark adjacent to the POISON label, from materials marked as or known to be foodstuffs, feed or any other edible materials intended for consumption by humans or animals, as required in § 174.81(e)(3) for classes identified with the letter “O” in the Segregation Table for Hazardous Materials. |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
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