DOT 49 CFR PART 174-2010 CARRIAGE BY RAIL.pdf

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1、689 Pipeline and Hazardous Materials Safety Admin., DOT Pt. 174 (a) When the test flame is in the off posi-tion, the test portion ignites and sustains combustion; (b) The test portion ignites while the test flame is in the test position for 15 s, and sus-tains combustion for more than 15 s after the

2、 test flame has been returned to the off po-sition. NOTE TO PARAGRAPH 6 OF THIS APPENDIX: Intermittent flashing may not be interpreted as sustained combustion. Normally, at the end of 15 s, the combustion has either clearly ceased or continues. In cases of doubt, the material must be deemed to susta

3、in combus-tion. Amdt. 173241, 59 FR 67517, Dec. 29, 1994, as amended by Amdt. 173255, 61 FR 50627, Sept. 26, 1996; 66 FR 45381, Aug. 28, 2001; 68 FR 75747, Dec. 31, 2003; 69 FR 76179, Dec. 20, 2004; 71 FR 78634, Dec. 29, 2006 PART 174CARRIAGE BY RAIL Subpart AGeneral Requirements Sec. 174.1 Purpose

4、and scope. 174.2 Limitation on actions by states, local governments, and Indian tribes. 174.3 Unacceptable hazardous materials shipments. 174.5 Carriers materials and supplies. 174.9 Safety and security inspection and ac-ceptance. 174.14 Movements to be expedited. 174.16 Removal and disposition of h

5、azardous materials at destination. 174.20 Local or carrier restrictions. Subpart BGeneral Operating Requirements 174.24 Shipping papers. 174.26 Notice to train crews. 174.50 Nonconforming or leaking packages. Subpart CGeneral Handling and Loading Requirements 174.55 General requirements. 174.57 Clea

6、ning cars. 174.59 Marking and placarding of rail cars. 174.61 Transport vehicles and freight con-tainers on flat cars. 174.63 Portable tanks, IM portable tanks, IBCs, Large Packagings, cargo tanks, and multi-unit tank car tanks. 174.67 Tank car unloading. 174.81 Segregation of hazardous materials. S

7、ubpart DHandling of Placarded Rail Cars, Transport Vehicles and Freight Containers 174.82 General requirements for the han-dling of placarded rail cars, transport ve-hicles, freight containers, and bulk pack-ages. 174.83 Switching placarded rail cars, trans-port vehicles, freight containers, and bul

8、k packagings. 174.84 Position in train of loaded placarded rail cars, transport vehicles, freight con-tainers or bulk packagings when accom-panied by guards or technical escorts. 174.85 Position in train of placarded cars, transport vehicles, freight containers, and bulk packagings. 174.86 Maximum a

9、llowable operating speed. Subpart EClass I (Explosive) Materials 174.101 Loading Class 1 (explosive) mate-rials. 174.102 Forbidden mixed loading and stor-age. 174.103 Disposition of damaged or astray shipments. 174.104 Division 1.1 or 1.2 (explosive) mate-rials; car selection, preparation, inspec-ti

10、on, and certification. 174.105 Routing shipments, Division 1.1 or 1.2 (explosive) materials. 174.106 Order-Notify or C.O.D. ship-ments, Division 1.1 or 1.2 (explosive) ma-terials. 174.110 Car magazine. 174.112 Loading Division 1.3 and Division 1.2 (explosive) materials (Also see 174.101). 174.114 Re

11、cord to be made of change of seals on Cars loaded with Division 1.1 or 1.2 (explosive) materials. 174.115 Loading Division 1.4 (explosive) ma-terials. Subpart FDetailed Requirements for Class 2 (Gases) Materials 174.200 Special handling requirements. 174.201 Class 2 (gases) material cylinders. 174.2

12、04 Tank car delivery of gases, including cryogenic liquids. 174.290 Materials extremely poisonous by inhalation shipped by, for, or to the De-partment of Defense. Subpart GDetailed Requirements for Class 3 (Flammable Liquid) Materials 174.300 Special handling requirements. 174.304 Class 3 (flammable

13、 liquid) materials in tank cars. Subparts HI Reserved Subpart JDetailed Requirements for Division 6.1 (Poisonous) Materials 174.600 Special handling requirements for materials extremely poisonous by inha-lation. 174.615 Cleaning cars. 174.680 Division 6.1 (poisonous) materials with foodstuffs. VerDa

14、te Mar2010 15:30 Dec 30, 2010 Jkt 220213 PO 00000 Frm 00699 Fmt 8010 Sfmt 8010 Q:49X49220213.XXX ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-690 49 CFR Ch. I (10110 Edition) 174.1 Subpart KDetailed Requirements for Class 7 (Radio

15、active) Materials 174.700 Special handling requirements for Class 7 (radioactive) materials. 174.715 Cleanliness of transport vehicles after use. 174.750 Incidents involving leakage. AUTHORITY: 49 U.S.C. 51015128; 49 CFR 1.53. Subpart AGeneral Requirements 174.1 Purpose and scope. This part prescrib

16、es requirements in addition to those contained in parts 171, 172, 173, and 179 of this subchapter, to be observed with respect to the transportation of hazardous materials in or on rail cars. Amdt. 17426, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 17426A, 41 FR 40685, Sept. 20, 1976; Amdt. 1747

17、4, 58 FR 51533, Oct. 1, 1993 174.2 Limitation on actions by states, local governments, and Indian tribes. Sections 5125 and 20106 of Title 49, United States Code, limit the author-ity of states, political subdivisions of states, and Indian tribes to impose re-quirements on the transportation of haza

18、rdous materials in commerce. A state, local, or Indian tribe require-ment on the transportation of haz-ardous materials by rail may be pre-empted under either 49 U.S.C. 5125 or 20106, or both. (a) Section 171.1(f) of this subchapter describes the circumstances under which 49 U.S.C. 5125 preempts a r

19、e-quirement of a state, political subdivi-sion of a state, or Indian tribe. (b) Under the Federal Railroad Safe-ty Act (49 U.S.C. 20106), administered by the Federal Railroad Administra-tion (see 49 CFR parts 200 through 244), laws, regulations and orders related to railroad safety, including securi

20、ty, shall be nationally uniform to the ex-tent practicable. A state may adopt, or continue in force, a law, regulation, or order covering the same subject matter as a DOT regulation or order applicable to railroad safety and security (includ-ing the requirements in this subpart) only when an additio

21、nal or more strin-gent state law, regulation, or order is necessary to eliminate or reduce an es-sentially local safety or security haz-ard; is not incompatible with a law, regulation, or order of the United States Government; and does not un-reasonably burden interstate com-merce. 74 FR 1801, Jan.

22、13, 2009 174.3 Unacceptable hazardous mate-rials shipments. No person may accept for transpor-tation or transport by rail any ship-ment of hazardous material that is not in conformance with the requirements of this subchapter. Amdt. 17483, 61 FR 28677, June 5, 1996 174.5 Carriers materials and sup-p

23、lies. This subchapter applies to the trans-portation of a carriers materials and supplies moving by rail, except that the shippers certification is not re-quired when these materials and sup-plies are being transported by the car-rier who owns them. The requirements of this subchapter do not apply t

24、o rail-way torpedoes or fusees when carried in engines or rail cars. Railway tor-pedoes must be in closed metal boxes when not in use. Amdt. 17426B, 41 FR 57071, Dec. 30, 1976 174.9 Safety and security inspection and acceptance. (a) At each location where a haz-ardous material is accepted for trans-

25、portation or placed in a train, the car-rier must inspect each rail car con-taining the hazardous material, at ground level, for required markings, la-bels, placards, securement of closures, and leakage. These inspections may be performed in conjunction with inspec-tions required under parts 215 and

26、 232 of this title. (b) For each rail car containing an amount of hazardous material requir-ing placarding in accordance with 172.504 of this subchapter, the carrier must visually inspect the rail car at ground level for signs of tampering, in-cluding closures and seals, for sus-picious items or ite

27、ms that do not be-long, and for other signs that the secu-rity of the car may have been com-promised, including the presence of an improvised explosive device. As used in VerDate Mar2010 15:30 Dec 30, 2010 Jkt 220213 PO 00000 Frm 00700 Fmt 8010 Sfmt 8010 Q:49X49220213.XXX ofr150 PsN: PC150Provided b

28、y IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-691 Pipeline and Hazardous Materials Safety Admin., DOT 174.16 this section, an improvised explosive device is a device fabricated in an im-provised manner incorporating explo-sives or destructive, lethal, noxiou

29、s, pyrotechnic, or incendiary chemicals in its design, and generally includes a power supply, a switch or timer, and a detonator or initiator. The carrier should be particularly attentive to signs that security may have been compromised on rail cars transporting materials covered by 172.820 of this

30、subchapter, rail carload quantities of ammonium nitrate or ammonium ni-trate mixtures in solid form, or haz-ardous materials of interest based on current threat information. (c) If a rail car does not conform to the safety and security requirements of this subchapter, the carrier may not forward or

31、transport the rail car until the deficiencies are corrected or the car is approved for movement in ac-cordance with 174.50. (d) Where an indication of tampering or suspicious item is found, a carrier must take appropriate action to ensure the security of the rail car and its con-tents have not been

32、compromised be-fore accepting the rail car for further movement. If the carrier determines that the security of the rail car has been compromised, the carrier must take action, in conformance with its existing security plan (see subpart I of part 172 of this subchapter) to address the security issue

33、s before forwarding the rail car for further movement. 73 FR 20773, April 16, 2008 174.14 Movements to be expedited. (a) A carrier must forward each ship-ment of hazardous materials promptly and within 48 hours (Saturdays, Sun-days, and holidays excluded), after ac-ceptance at the originating point

34、or re-ceipt at any yard, transfer station, or interchange point, except that where biweekly or weekly service only is per-formed, a shipment of hazardous mate-rials must be forwarded on the first available train. (b) A tank car loaded with any Divi-sion 2.1 (flammable gas), Division 2.3 (poisonous g

35、as) or Class 3 (flammable liquid) material, may not be received and held at any point, subject to for-warding orders, so as to defeat the pur-pose of this section or of 174.204 of this subchapter. Amdt. 17426, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 17468, 55 FR 52677, Dec. 21, 1990 174.16 R

36、emoval and disposition of hazardous materials at destination. (a) Delivery at non-agency stations. A shipment of Class 1 (explosive) mate-rials may not be unloaded at non-agen-cy stations unless the consignee is there to receive it or unless properly locked and secure storage facilities are provided

37、 at that point for its protec-tion. 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 car-rier shall require the consignee of each shipment of hazardous materials to re-move the shipment from carriers prop-ert

38、y within 48 hours (exclusive of Sat-urdays, Sundays, and holidays) after notice of arrival has been sent or given. If not so removed, the carrier shall im-mediately dispose of the shipments as follows: (1) Division 1.1 or 1.2 (explosive) mate-rials: If safe storage is available, by storage at the ow

39、ners 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

40、 shipments: By storage on the carriers property; by storage on other than the carriers property, if safe storage on the carriers 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, pro-vided the consignor has been n

41、otified of the non-delivery at the expiration of a 48-hour period and orders for disposi-tion 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 an

42、d given the consignor as prescribed by the carriers tariff, and orders for return to shipper have been received; by storage on the car-riers property; by storage on other VerDate Mar2010 15:30 Dec 30, 2010 Jkt 220213 PO 00000 Frm 00701 Fmt 8010 Sfmt 8010 Q:49X49220213.XXX ofr150 PsN: PC150Provided b

43、y IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-692 49 CFR Ch. I (10110 Edition) 174.20 than the carriers property, if safe stor-age on carriers property is not avail-able; or by sale at expiration of 15 cal-endar days after notice of arrival has been sent or

44、given to the consignee, provided the consignor has been noti-fied of non-delivery at expiration of a 48hour period and orders for disposi-tion have not been received. Amdt. 17426, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 17468, 55 FR 52677, Dec. 21, 1990; 66 FR 45383, Aug. 28, 2001 174.20 Loc

45、al or carrier restrictions. (a) When local conditions make the acceptance, transportation, or delivery of hazardous materials unusually haz-ardous, local restrictions may be im-posed by the carrier. (b) Each carrier must report to the Bureau of Explosives for publication the full information as to a

46、ny restric-tions which it imposes against the ac-ceptance, delivery, or transportation of hazardous materials, over any portion of its lines under this section. Amdt. 17426, 41 FR 16092, Apr. 15, 1976 Subpart BGeneral Operating Requirements 174.24 Shipping papers. (a) A person may not accept a haz-a

47、rdous material for transportation or transport a hazardous material by rail unless that person receives a shipping paper prepared in accordance with part 172 of this subchapter, unless the mate-rial is excepted from shipping paper re-quirements under this subchapter. Only an initial carrier within t

48、he United States must receive and retain a copy of the shippers certification as required by 172.204 of this subchapter. This section does not apply to a mate-rial that is excepted from shipping paper requirements by this subchapter. (b) Each person receiving a shipping paper required by this sectio

49、n must re-tain a copy or an electronic image thereof, that is accessible at or through its principal place of business and must make the shipping paper available, upon request, to an author-ized official of a Federal, State, or local government agency at reasonable times and locations. For a hazardous waste, each shipping paper copy must be retained for three years after the material is