[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: 49CFR174.103]

[Page 673-674]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 174_CARRIAGE BY RAIL--Table of Contents
 
                 Subpart E_Class I (Explosive) Materials
 
Sec. 174.103  Disposition of damaged or astray shipments.

    (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

[[Page 674]]

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 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.

[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]