[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR173.10]

[Page 424-425]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 173_SHIPPERS_GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS--Table 
of Contents
 
                            Subpart A_General
 
Sec. 173.10  Tank car shipments.

    (a) Tank cars containing any 2.1 material (including a cryogenic 
liquid) or Class 3 material with a flash point below 38 [deg]C (100 
[deg]F), except liquid road asphalt or tar, may not be offered for 
transportation unless originally consigned or subsequently reconsigned 
to parties having private-siding (see Note 1 of this section) or to 
parties using railroad siding facilities which have been equipped for 
piping the liquid from tank cars to permanent storage tanks of 
sufficient capacity to receive contents of car.
    (b) A tank car containing any Class 2 material must not be offered 
for transportation unless the car is consigned for delivery (see 
paragraph (c) of this section) and unloading on a private track (see 
Note 1 of this section) except that where no private track is available, 
delivery and unloading on carrier tracks is permitted provided the 
following conditions are complied with:
    (1) Any tank car of DOT-106A or 110A type (see Sec. Sec. 179.300 
and 179.301 of this subchapter) may be offered for transportation and 
the loaded unit tanks may be removed from car frame on carrier tracks, 
provided the shipper has obtained from the delivering carrier and filed 
with originating carrier, written permission (see Note 2 of this 
section) for such removal. The consignee must furnish adequately safe 
mechanical hoist, obtained from the carrier if desirable, by which the 
tanks shall be lifted from the car and deposited directly upon vehicles 
furnished by the consignee for immediate removal from carrier property 
or tanks must be lifted by adequately safe mechanical hoist from car 
directly to vessels for further transportation.
    (c) Any tank car of other than DOT-106A or 110A type (see Sec. Sec. 
179.300 and 179.301 of this subchapter), containing anhydrous ammonia, 
liquefied hydrocarbon or liquefied petroleum gas, and having interior 
pipes of liquid and gas discharge valves equipped with check valves, may 
be consigned for delivery and unloading on carrier tracks, if the lading 
is piped directly from the car to permanent storage tanks of sufficient 
capacity to receive the entire contents of the car. Such cars may also 
be consigned for storage on a private track or on a carrier track when 
designated by the carrier for such storage.
    (d) For cars of the DOT-106A or 110A type (see Sec. Sec. 179.300 
and 179.301 of this subchapter), the tanks must be placed in position 
and attached to the car structure by the shipper.
    (e) Class 3 materials with a flash point below 38 [deg]C (100 
[deg]F) and Division 2.1 materials (including a cryogenic liquid) may 
not be loaded into tank cars on carrier property from tank trucks or 
drums.

    Note 1: For this purpose, a private track is a track outside of 
carrier's right-of-way,

[[Page 425]]

yard, and terminals, and of which the carrier does not own either the 
rails, ties, roadbed or right-of-way; or a track or portion of a track 
which is devoted to the purpose of its user, either by lease or written 
agreement; in which case the lease or written agreement will be 
considered as equivalent to ownership.
    Note 2: Carriers should give permission for the unloading of these 
containers on carrier tracks only where no private siding is available 
within reasonable trucking distance of final destination. The danger 
involved is the release of compressed gases due to accidental damage to 
container in handling. The exposure to this danger decreases directly 
with the isolation of the unloading point.

[29 FR 18773, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967, 
and by Amdt. 173-162, 48 FR 10226, Mar. 10, 1983, and amended by Amdt. 
173-180, 49 FR 42735, Oct. 24, 1984; Amdt. 173-207, 53 FR 38274, Sept. 
29, 1988; Amdt. 173-224, 55 FR 52608, Dec. 21, 1990; 56 FR 66265, Dec. 
20, 1991; Amdt. 173-234, 58 FR 51532, Oct. 1, 1993; 67 FR 61013, Sept. 
27, 2002]