[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: 49CFR174.16]



[Page 674]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 

                      DEPARTMENT OF TRANSPORTATION

 

PART 174_CARRIAGE BY RAIL--Table of Contents

 

                     Subpart A_General Requirements

 

Sec. 174.16  Removal and disposition of hazardous materials at 

destination.



    (a) Delivery at non-agency stations. A shipment of Class 1 

(explosive) materials may not be unloaded at non-agency stations unless 

the consignee is there to receive it or unless properly locked and 

secure storage facilities are provided at that point for its protection. 

If delivery cannot be so made, the shipment must be taken to next or 

nearest agency station for delivery.

    (b) Delivery at agency stations. A carrier shall require the 

consignee of each shipment of hazardous materials to remove the shipment 

from carrier's property within 48 hours (exclusive of Saturdays, 

Sundays, and holidays) after notice of arrival has been sent or given. 

If not so removed, the carrier shall immediately dispose of the 

shipments as follows:

    (1) Division 1.1 or 1.2 (explosive) materials: If safe storage is 

available, by storage at the owner's expense; if safe storage is not 

available, by return to the shipper, sale, or destruction under 

supervision of a competent person; or if safety requires, by destruction 

under supervision of a competent person.

    (2) Hazardous materials, except Division 1.1 or 1.2 (explosive) 

materials, in carload shipments: By storage on the carrier's property; 

by storage on other than the carrier's property, if safe storage on the 

carrier's property is not available; or by sale at expiration of 15 

calendar days after notice of arrival has been sent or given to the 

consignee, provided the consignor has been notified of the non-delivery 

at the expiration of a 48-hour period and orders for disposition have 

not been received.

    (3) Hazardous materials, except Division 1.1 or 1.2 (Class A 

explosive) materials, in less-than-carload shipments: By return to the 

shipper if notice of non-delivery was requested and given the consignor 

as prescribed by the carrier's tariff, and orders for return to shipper 

have been received; by storage on the carrier's property; by storage on 

other than the carrier's property, if safe storage on carrier's property 

is not available; or by sale at expiration of 15 calendar days after 

notice of arrival has been sent or given to the consignee, provided the 

consignor has been notified of non-delivery at expiration of a 48-hour 

period and orders for disposition have not been received.



[Amdt. 174-26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174-68, 

55 FR 52677, Dec. 21, 1990; 66 FR 45383, Aug. 28, 2001]



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