PART 174 - CARRIAGE BY RAIL

(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.

(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 take action, in conformance with its existing security plan (see subpart I of part 172 of this subchapter) to address the security issues before forwarding the rail car for further movement.

(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.

(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:

(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.

(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.

(a) The train crew must have a document that reflects the current position in the train of each rail car containing a hazardous material. The train crew must update the document to indicate changes in the placement of a rail car within the train. For example, the train crew may update the document by handwriting on it or by appending or attaching another document to it.

(b) A member of the crew of a train transporting a hazardous material must have a copy of a document for the hazardous material being transported showing the information required by part 172 of this subchapter, including the requirements in § 172.604(b) applicable to emergency response information.

(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 Bureau of Explosives Pamphlet No. 6 and the Intermodal Loading Guide for Products in Closed Trailers and Containers (IBR, see § 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.

(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.

(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:

(d) An approval in effect on February 28, 1991 for the transportation of portable tanks or IM portable tanks in TOFC or COFC service expires on the date stated in the approval letter or June 15, 1995, whichever is later.

(e) A carrier may not transport a cargo tank or multi-unit tank car tank containing a hazardous material in TOFC or COFC service unless approved for such service by the Associate Administrator for Safety, FRA. However, in the event of an accident or incident, no such approval is necessary for the transportation of a cargo tank containing a hazardous material in TOFC service under the following condition(s):

(a) General requirements.

(b) After the pressure is released, for unloading processes that require the removal of the manhole cover, the seal must be broken and the manhole cover removed as follows:

(c) When the car is unloaded through a bottom outlet valve, for unloading processes that require the removal of the manhole cover, the manhole cover must be adjusted as follows:

(d) When unloading through the bottom outlet of a car equipped with an interior manhole type cover, and in each case where unloading is done through the manhole (unless a special cover with a safety vent opening and a tight connection for the discharge outlet is used), the manhole must be protected by asbestos or metal covers against the entrance of sparks or other sources of ignition of vapor, or by being covered and surrounded with wet burlap or similar cloth material. The burlap or other cloth must be kept damp by the replacement or the application of water as needed.

(e) Seals or other substances must not be thrown into the tank and the contents may not be spilled over the car or tank.

(f) The valve rod handle or control in the dome must be operated several times to see that outlet valve in bottom of tank is on its seat before valve cap is removed.

(g) The valve cap, or the reducer when a large outlet is to be used, must be removed with a suitable wrench after the set screws are loosened and a pail must be placed in position to catch any liquid that may be in the outlet chamber. If the valve cap or reducer does not unscrew easily, it may be tapped lightly with a mallet or wooden block in an upward direction. If leakage shows upon starting the removal, the cap or reducer may not be entirely unscrewed. Sufficient threads must be left engaged and sufficient time allowed to permit the controlled escape of any accumulation of liquid in the outlet chamber. If the leakage stops or the rate of leakage diminishes materially, the cap or reducer may be entirely removed. If the initial rate of leakage continues, further efforts must be made to seat the outlet valve (see paragraph (f) of this section). If this fails, the cap or reducer must be screwed up tight and the tank must be unloaded through the dome. If upon removal of the outlet cap the outlet chamber is found to be blocked with frozen liquid or any other matter, the cap must be replaced immediately and a careful examination must be made to determine whether the outlet casting has been cracked. If the obstruction is not frozen liquid, the car must be unloaded through the dome. If the obstruction is frozen liquid and no crack has been found in the outlet casting, the car may, if circumstances require it, be unloaded from the bottom by removing the cap and attaching unloading connections immediately. Before opening the valve inside the tank car with a frozen liquid blockage:

(h) Unloading connections must be securely attached to unloading pipes on the dome or to the bottom discharge outlets before any discharge valves are opened.

(i) Throughout the entire period of unloading and while a tank car has unloading equipment attached, the facility operator must assure that the tank car is:

(j) Attendance is not required when piping is attached to a top outlet of a tank car, equipped with a protective housing required under § 179.100-12 of this subchapter, for discharge of lading under the following conditions:

(k) In the absence of the unloader, a tank car may stand with unloading connections attached when no product is being transferred under the following conditions:

(l) As soon as a tank car is completely unloaded, all valves must be made tight by the use of a bar, wrench or other suitable tool, the unloading connections must be removed and all other closures made tight.

(m) Railroad defect cards may not be removed.

(n) If oil or gasoline has been spilled on the ground around connections, it must be covered with fresh, dry sand or dirt.

(o) All tools and implements used in connection with unloading must be kept free of oil, dirt, and grit.

(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:

(e) Instructions for using the segregation table for hazardous materials in paragraph (d) of this section are as follows:

(f) Class 1 (explosive) materials may not be loaded, transported, or stored together, except as provided in this section, and in accordance with the following table:

(g) Instructions for using the compatibility table for Class 1 (explosive) materials in paragraph (f) of this section are as follows:

(h) Except as provided in paragraph (i) of this section, explosives of the same compatibility group but of different divisions may be transported together provided that the whole shipment is transported as though its entire contents were of the lower numerical division (i.e., Division 1.1 being lower than Division 1.2). For example, a mixed shipment of Division 1.2 (explosive) materials and Division 1.4 (explosive) materials, compatibility group D, must be transported as Division 1.2 (explosive) materials.

(i) When Division 1.5 materials, compatibility group D are transported in the same freight container as Division 1.2 (explosive) materials, compatibility group D, the shipment must be transported as Division 1.1 (explosive) materials, compatibility group D.

(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, Class 9 materials, or ORM-D materials.

(b) A placarded rail car, transport vehicle, freight container, or bulk package may not be transported in a passenger train.

(a) In switching operations where the use of hand brakes is necessary—

(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:

(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, transport vehicle, or freight container placarded for Division 1.1 or 1.2 (explosive) materials may not be placed under a bridge or overhead crossing, or in or alongside a passenger shed or station, except during transfer operations.

(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:

(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.

(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 Division 1.1 or 1.2 (explosive) materials for (see § 174.104), detonators, detonator assemblies, or boosters with detonators must be securely blocked and braced to prevent the packages from changing position, falling to the floor, or sliding into each other, under conditions normally incident to transportation. Class 1 (explosive) materials must be loaded so as to avoid transfer at stations. For recommended methods of blocking and bracing, see Bureau of Explosives Pamphlets No. 6 and 6A. Heavy packages or containers must be trucked, rolled, or moved by skids, fork trucks, or other handling devices and may not be dropped from trucks, platforms, or cars. Planks for rolling trucks from platforms to cars must have beveled ends. Loading platforms and the shoes of each workman must be free from grit. All possible precautions must be taken against fire. Class 1 (explosive) materials must be kept in a safe place and inaccessible to unauthorized persons while being held by a carrier for loading or delivery.

(i) To prevent delays of local freight trains, when there are shipments of Class 1 (explosive) materials for different destinations loaded in a “peddler car” or “way car” the shipment for each destination must be stayed separately.

(j) Forwarding and transfer stations for Class 1 (explosive) materials must be provided with the necessary materials for staying.

(k) Shippers must furnish the material for staying packages of Class 1 (explosive) materials loaded by them.

(l) Division 1.1 or 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 electric devices having exposed heating coils, or in a rail car equipped with any apparatus or mechanism utilizing an internal combustion engine in its operation.

(m) [Reserved]

(n) A container car or freight container on a flatcar or a gondola car other than a drop-bottom car, when properly loaded, blocked, and braced to prevent change of position under conditions normally incident to transportation, may be used to transport any Division 1.1 or 1.2 (explosive) material except black powder packed in metal containers. A freight container must be designed, constructed, and maintained so as to be weather tight and capable of preventing the entrance of sparks. In addition:

(o) Division 1.1, 1.2, or 1.3 (explosive) materials may be loaded and transported in a tight closed truck body or trailer on a flatcar. Wooden 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 tight, closed truck bodies or trailers, may be loaded in or on open-top truck bodies or trailers. However, they must be protected against accidental ignition. In addition:

(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.

(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:

(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 destruction or disposition of the condemned material.

(e) If careful inspection shows that an astray shipment of Class 1 (explosive) materials is in proper condition for safe transportation, it must be forwarded immediately to its destination if known, or returned to the shipper by the most practicable route.

(f) When a package in an astray shipment is not in proper condition for safe transportation (see paragraphs (a), (c), and (d) of this section), or when the name and address of the consignee and the shipper are unknown, disposition must be made as prescribed by paragraphs (c) and (d) of this section.

(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:

(c) Before Division 1.1 or 1.2 (explosive) materials may be loaded into a rail car, the car must have been inspected and certified to be in compliance with the requirements of paragraph (b) of this section by a qualified person designated under § 215.11 of this title. The certification shall be made in Car Certificate No. 1 on the form prescribed in paragraph (f) of this section.

(d) If the carrier furnishes the car to a shipper for loading Division 1.1 or 1.2 (explosive) materials, the shipper or his authorized employee shall, before commencing the loading of the car, inspect the interior thereof, and after loading certify to the proper condition of the car and the loading. This certification shall be made on the first signature line in Car Certificate No. 2 on the form prescribed in paragraph (f) of this section. In addition, the finished load must be inspected and certified to be in compliance with the requirements of this part by a qualified person designated under § 215.11 of this title before the car goes forward. This certification shall be made on the second signature line in Car Certificate No. 2 on the form prescribed in paragraph (f) of this section. If the loading is performed by the carrier, Car Certificate No. 2 may only be signed by a qualified person designated under § 215.11 of this title.

(e) If a trailer or container containing Division 1.1 or 1.2 (explosive) materials is loaded on a flatcar, the loading and securing of the load on the car must be supervised by a representative of the shipper or carrier. The certification shall be made in Car Certificate No. 3 on the form prescribed in paragraph (f) of this section.

(f) Each car certificate for use in connection with the inspection of rail cars for the carriage of Division 1.1 or 1.2 (explosive) materials shall be printed on strong tag board measuring 18 by 18 cm (7.1 by 7.1 inches) or 15 by 20 cm (5.9 by 7.9 inches). It must be duly executed in triplicate by the carrier, and by the shipper if he loads the shipments. The original must be filed by the carrier at the forwarding station in a separate file and the other two must be attached to the car, one to each outer side on a fixed placard board or as otherwise provided.

(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.”

(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 Bureau of Explosives Pamphlet No. 6.

(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:

(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 Bureau of Explosives Pamphlet No. 6.

(b) Division 1.4 (explosive) materials may not be transported in a truck body, trailer, or container on a flatcar unless:

(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:

(d) For a single train of 20 or more loaded tank cars of Methane, refrigerated liquid in a continuous block or a single train carrying 35 or more loaded tank cars of Methane, refrigerated liquid throughout the train consist, each carrier 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.

(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:

(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.

(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:

(b) [Reserved]

(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:

(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, and cannon ammunition being transported by rail must be loaded, blocked and braced as shown in Bureau of Explosives Pamphlet No. 6A, or Department of Defense specifications. When a shipment is loaded in a gondola car it must be securely blocked and braced and not loaded higher than the sides of the car.

(f) When a material extremely poisonous by inhalation is transported in drums with filling holes in the heads, they must be loaded on their bottoms. They may be loaded in rows, lengthwise of the car and any space between the sides of the car and the nearest row of drums must be “filled in” with wooden boards or lumber nailed to sides of the car sufficient in length and width to contact both hoops of drums, or they may be loaded across the car in staggered stacks of which the number of drums in alternate stacks is reduced by one drum. All drums in stacks following the first stack loaded in the end of the car must be placed tightly into the angle of the space formed by the sidewalls of the drum in the preceding stack. Any space between the sides of the car and the drums in stacks having the greater number of drums must be filled in with wooden boards or lumber nailed to sides of the car sufficient in length and width to contact both hoops of the drums.

(g) When a material extremely poisonous by inhalation is transported in drums with filling holes in the sides, they must be loaded on their sides with the filling holes up. They must be loaded lengthwise of the car in rows and any space between the sides of the car and the nearest row of drums must be filled in with wooden boards or lumber nailed to sides of the car sufficient in length and width to contact both hoops of the drums.

(h) When a material extremely poisonous by inhalation is transported in drums in a boxcar, they must be loaded from ends of the car toward the space between the car doors, and there braced by center gates and wedges. See Sketch 1, Bureau of Explosives Pamphlet No. 6.

(i) The doorways of a boxcar in which a material poisonous by inhalation is being transported must be protected by one of the methods prescribed in Sketch 1, Bureau of Explosives Pamphlet No. 6A.

(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:

(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.

(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:

(b) [Reserved]

(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:

(c) The HHFT notification must be maintained and transmitted in accordance with all of the following requirements:

(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.

(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.

(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:

(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—

(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.

(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.