[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: 49CFR174.104]

[Page 674-676]
 
                        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. 174.104  Division 1.1 or 1.2 (explosive) materials; car selection, 
preparation, inspection, and certification.

    (a) Except as provided in Sec. 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 the danger of 
hotboxes or other failure necessitating the setting out of the car 
before reaching its destination.
    (6) The car must be carefully swept out before it is loaded. For 
less-than-carload shipments the space in which the packages are to be 
loaded must be

[[Page 675]]

carefully swept. If evidence of a potential hazardous residue is 
apparent after the floor has been swept, the carrier must either 
decontaminate the car or provide a suitable substitute car.
    (7) Any holes in the floor or lining must be repaired and special 
care taken that there are no projecting nails or bolts or exposed pieces 
of metal which may work loose or produce holes in packages of Class 1 
(explosive) materials during transit. Protruding nails in the floor or 
lining which have worked loose must be drawn, and if necessary for the 
purpose of fastening the floor or lining, new nails must be driven 
through other parts thereof.
    (8) Metal floor plates must be completely covered with wood, 
plywood, or fiber or composition sheets of adequate thickness and 
strength to prevent contact of the floor plates with the packages of 
Class 1 (explosive) materials under conditions incident to 
transportation, except that the covering of metal floor plates is not 
necessary for carload shipments loaded by the Department of Defense 
provided the Class 1 (explosive) materials are of such nature that they 
are not liable to leakage of dust, powder, or vapor which might become 
the cause of an explosion.
    (9) If the car is equipped with automobile loading devices, it may 
not be used unless the loading device is securely attached to the roof 
of the car with fastenings supplementing those already provided and so 
fixed that it cannot fall.
    (10) The car must be equipped with high-friction composition brake 
shoes (except metal deck flat cars used for COFC/TOFC service may be 
equipped with high phosphorus cast iron brakeshoes) and brake rigging 
designed for this type of brake shoe. Each brake shoe on the car must be 
at least 1 cm (0.4 inch) thick, and in safe and suitable condition for 
service.
    (11) The car must have either a metal subfloor with no combustible 
material exposed beneath the car, or metal spark shields extending from 
center sill to side sills and from end sills to at least 30 cm (12 
inches) beyond the extreme treads of the inside wheels of each truck, 
which are tightly fitted against the subfloor so that there is no vacant 
space or combustible material exposed. The metal subfloor or spark 
shields may not have an accumulation of oil, grease, or other debris 
which could support combustion.
    (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 Sec. 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 Sec. 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 Sec. 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

[[Page 676]]

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.
--------------------------------Railroad

                             CAR CERTIFICATE

No. 1 -------------- Station____________________________________________
19--.
    I hereby certify that I have this day personally examined Car Number 
------ and that the car is in condition for service and complies with 
the FRA Freight Car Safety Standards (49 CFR part 215) and with the 
requirements for freight cars used to transport explosives prescribed by 
the DOT Hazardous Materials Regulation (49 CFR part 174).

 Qualified Person Designated Under
 49 CFR 215.11
No. 2 -------------- Station____________________________________________
19--.
    I have this day personally examined the above car and hereby certify 
that the explosives in or on this car, or in or on vehicles or in 
containers have been loaded and braced; that placards have been applied, 
according to the regulations prescribed by the Department of 
Transportation; and that the doors of cars so equipped fit or have been 
stripped so that sparks cannot enter.

 Shipper or his authorized agent

 Qualified Person Designated Under
 49 CFR 215.11
No. 3 -------------- Station____________________________________________
19--.
    I hereby certify that I have this day personally supervised the 
loading of the vehicles or containers on and their securement to the 
above car.

 Shipper or railway employee inspecting
 loading and securement

    Note 1: A shipper must decline to use a car not in proper condition.
    Note 2: All certificates, where applicable, must be signed.
    Note 3: Car certificates remaining on hand as of the effective date 
of these regulations may be used until stocks are exhausted but not 
after July 1, 1977.

[Amdt. 174-26, 41 FR 16092, Apr. 15, 1976]

    Editorial Note: For Federal Register citations affecting Sec. 
174.104, see the List of CFR Sections Affected which appears in the 
Finding Aids section of the printed volume and on GPO Access.