[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: 49CFR174.104]



[Page 688-690]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY 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 689]]



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 690]]



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.