[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR174.16]

[Page 698]
 
                        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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