[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR173.10]



[Page 431-432]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY 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, 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.



[[Page 432]]



    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]