49 CFR 174.104 - Division 1.1 or 1.2 (explosive) materials; car selection, preparation, inspection, and certification.

Status message

There is 1 rule appearing in the Federal Register for 49 CFR 174. View below or at eCFR (GPOAccess)
§ 174.104 Division 1.1 or 1.2 (explosive) materials; car selection, preparation, inspection, and certification.
(a) Except as provided in § 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 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 § 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 § 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 § 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 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 ______
20__ .
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 ______
20 __ .
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 ______
20 __ .
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.
[Amdt. 174-26, 41 FR 16092, Apr. 15, 1976]
Editorial Note:
For Federal Register citations affecting § 174.104, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

Title 49 published on 2013-10-01

The following are only the Rules published in the Federal Register after the published date of Title 49.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-10-02; vol. 78 # 191 - Wednesday, October 2, 2013
    1. 78 FR 60745 - Hazardous Materials: Minor Editorial Corrections and Clarifications (RRR)
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration
      Final rule.
      Effective date: October 1, 2013. The incorporation by reference of certain publications listed in the rule was approved by the Director of the Federal Register as of January 7, 2013.
      49 CFR Parts 107, 130, 171, 172, 173, 174, 177, 178, 179, and 180

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code

Title 49 published on 2013-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 49 CFR 174 after this date.

  • 2013-11-05; vol. 78 # 214 - Tuesday, November 5, 2013
    1. 78 FR 66326 - Hazardous Materials: Rail Petitions and Recommendations To Improve the Safety of Railroad Tank Car Transportation (RRR)
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration
      Advance Notice of Proposed Rulemaking (ANPRM), extension of comment period.
      The comment period for the ANPRM closing on November 5, 2013 is extended until December 5, 2013. To the extent possible, PHMSA will consider late-filed comments during the next stage of the rulemaking process.
      49 CFR Parts 173, 174, 178, 179, and 180