49 C.F.R. Subpart A—General Requirements
Title 49 - Transportation
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. [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] 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. [Amdt. 174–83, 61 FR 28677, June 5, 1996] 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 fusees when carried in engines or rail cars. Railway torpedoes must be in closed metal boxes when not in use. [Amdt. 174–26B, 41 FR 57071, Dec. 30, 1976] At each location where a hazardous material is accepted for transportation or placed in a train, the carrier shall inspect each rail car containing the hazardous material, at ground level, for required markings, labels, placards, securement of closures and leakage. This inspection may be performed in conjunction with inspections required under parts 215 and 232 of this title. [Amdt. 174–83, 61 FR 28677, June 5, 1996] (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. [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174–68, 55 FR 52677, Dec. 21, 1990] (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 after notice of arrival has been sent or given to the consignee, provided the consignor has been notified of non-delivery at expiration of a 48–hour period and orders for disposition have not been received. [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) 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. [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976]
Title 49: Transportation
PART 174—CARRIAGE BY RAIL
Subpart A—General Requirements
§ 174.1 Purpose and scope.
§ 174.3 Unacceptable hazardous materials shipments.
§ 174.5 Carrier's materials and supplies.
§ 174.9 Inspection and acceptance.
§ 174.14 Movements to be expedited.
§ 174.16 Removal and disposition of hazardous materials at destination.
§ 174.20 Local or carrier restrictions.
