Collapse to view only § 174.104 - Division 1.1 or 1.2 (explosive) materials; car selection, preparation, inspection, and certification.

§ 174.101 - Loading Class 1 (explosive) materials.

(a) Boxes containing Division 1.1 or 1.2 (explosive) materials must be loaded so that the ends of wooden boxes will not bear against sides of any fiberboard boxes and so that the ends of any box will not cause a pressure point on a small area of another box.

(b) Explosive bombs, unfuzed projectiles, rocket ammunition and rocket motors, Division 1.1, 1.2, or 1.3 (explosive) materials, which are not packed in wooden boxes, or large metal packages of incendiary bombs, each weighing 226 kg (500 pounds) or more, may be loaded in stock cars or in flat bottom gondola cars only if they are adequately braced. Boxed bombs, rocket ammunition and rocket motors, Division 1.1, 1.2, or 1.3 (explosive) materials, which due to their size cannot be loaded in closed cars, may be loaded in open-top cars or on flatcars, provided they are protected from the weather and accidental ignition.

(c) Boxes of Division 1.1 or 1.2 (explosive) materials packed in long cartridges, bags, or sift-proof liners, and containing no liquid explosive ingredient, may be loaded on their sides or ends.

(d) Division 1.1 or 1.2 (explosive) materials may not be loaded higher than any permanent car lining unless additional lining is provided as high as the lading.

(e) When the lading of a car includes any Class 1 (explosive) materials, the weight of the lading must be distributed insofar as possible to equalize the weight on each side of the car and over the trucks.

(f) Except when boxed, metal kegs containing Class 1 (explosive) materials must be loaded on their sides with their ends toward the ends of the car. Packages of Class 1 (explosive) materials may not be placed in the space opposite the doors unless the doorways are boarded on the inside as high as the lading. This paragraph does not apply to palletized packages if they are braced so they cannot fall or slide into the doorways during transportation.

(g) Wooden kegs, fiber kegs, barrels, and drums must be loaded on their sides or ends, to best suit the conditions.

(h) Packages containing any Division 1.1 or 1.2 (explosive) materials for (see § 174.104), detonators, detonator assemblies, or boosters with detonators must be securely blocked and braced to prevent the packages from changing position, falling to the floor, or sliding into each other, under conditions normally incident to transportation. Class 1 (explosive) materials must be loaded so as to avoid transfer at stations. For recommended methods of blocking and bracing, see the Intermodal Loading Guide for Products in Closed Trailers and Containers (see Table 1 to § 171.7 of this subchapter). Heavy packages or containers must be trucked, rolled, or moved by skids, fork trucks, or other handling devices and may not be dropped from trucks, platforms, or cars. Planks for rolling trucks from platforms to cars must have beveled ends. Loading platforms and the shoes of each workman must be free from grit. All possible precautions must be taken against fire. Class 1 (explosive) materials must be kept in a safe place and inaccessible to unauthorized persons while being held by a carrier for loading or delivery.

(i) To prevent delays of local freight trains, when there are shipments of Class 1 (explosive) materials for different destinations loaded in a “peddler car” or “way car” the shipment for each destination must be stayed separately.

(j) Forwarding and transfer stations for Class 1 (explosive) materials must be provided with the necessary materials for staying.

(k) Shippers must furnish the material for staying packages of Class 1 (explosive) materials loaded by them.

(l) Division 1.1 or 1.2 (explosive) materials may not be loaded, transported, or stored in a rail car equipped with any type of lighted heater or open-flame device, or electric devices having exposed heating coils, or in a rail car equipped with any apparatus or mechanism utilizing an internal combustion engine in its operation.

(m) [Reserved]

(n) A container car or freight container on a flatcar or a gondola car other than a drop-bottom car, when properly loaded, blocked, and braced to prevent change of position under conditions normally incident to transportation, may be used to transport any Division 1.1 or 1.2 (explosive) material except black powder packed in metal containers. A freight container must be designed, constructed, and maintained so as to be weather tight and capable of preventing the entrance of sparks. In addition:

(1) A freight container must be of such design and so braced as to show no evidence of failure of the container or the bracing when subjected to impact from each end of at least 13 km (8.1 miles) per hour. Its efficiency shall be determined by actual test, using dummy loads equal in weight and general character to material to be shipped.

(2) A container car or car which is loaded with freight containers must be placarded with the Class 1 (explosive) materials placards as required by subpart F of part 172 of this subchapter and with properly executed car certificates as required by § 174.104.

(3) Lading must be so loaded, blocked, and braced within the freight container that it will not change position under impact from each end of at least 13 km (8.1 miles) per hour.

(o) Division 1.1, 1.2, or 1.3 (explosive) materials may be loaded and transported in a tight closed truck body or trailer on a flatcar. Wooden boxed bombs, rocket ammunition, and rocket motors, Division 1.1, 1.2, or 1.3 (explosive) materials, which due to their size cannot be loaded in tight, closed truck bodies or trailers, may be loaded in or on open-top truck bodies or trailers. However, they must be protected against accidental ignition. In addition:

(1) Each truck body or trailer must meet the requirements of part 177 of this subchapter, applicable to shipments of Class 1 (explosive) materials by motor vehicle.

(2) Each truck body or trailer must be secured on the rail car so that it will not permanently change position or show evidence of failure or impending failure of the method of securing the truck body or trailer under impact from each end of at least 13 km (8.1 miles) per hour. Its efficiency must be determined by actual test, using dummy loads equal in weight and general character to the material to be shipped. For recommended methods of blocking and bracing, see the Intermodal Loading Guide for Products in Closed Trailers and Containers (IBR, see § 171.7 of this subchapter).

(3) Lading must be loaded, blocked, and braced within or on the truck body or trailer so that the lading will not change position under impact from each end of at least 13 km (8.1 miles) per hour. For recommended methods of blocking and bracing, see the Intermodal Loading Guide for Products in Closed Trailers and Containers (IBR, see § 171.7 of this subchapter).

(4) Each rail car containing Class 1 (explosive) materials and each rail car loaded with truck bodies, trailers or containers containing Class 1 (explosive) materials must be placarded with Class 1 (explosive) materials placards as required by subpart F of part 172 of this subchapter and with properly executed car certificates as required by § 174.104.

(5) Each fuel tank of a heater or refrigerating machinery on the truck bodies or trailers must be drained and all automatic heating or refrigerating machinery must be made inoperative by disconnection of the automatic controls or the source of power for their operations.

[Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174–26A, 41 FR 40685, Sept. 20, 1976; Amdt. 174–26B, 41 FR 57071, Dec. 30, 1976; Amdt. 174–36, 44 FR 70732, Dec. 10, 1979; Amdt. 174–59, 51 FR 5974, Feb. 18, 1986; Amdt. 174–68, 55 FR 52681, Dec. 21, 1990; Amdt. 174–83, 61 FR 51339, Oct. 1, 1996; 66 FR 45383, Aug. 28, 2001; 76 FR 43531, July 20, 2011; 87 FR 79783, Dec. 27, 2022]

§ 174.102 - Forbidden mixed loading and storage.

(a) Division 1.1 or 1.2 (explosive) materials and initiating or priming explosives may not be transported together in the same rail car. Additionally, they may not be transported or loaded in the same rail car or stored on carrier property with charged electric storage batteries or with any hazardous material for which a NONFLAMMABLE GAS, FLAMMABLE GAS, FLAMMABLE LIQUID, FLAMMABLE SOLID, OXIDIZER, ORGANIC PEROXIDE, RADIOACTIVE or CORROSIVE label is required.

(b) Class 1 (explosive) materials may not be loaded together or with other hazardous materials, except as provided in § 174.81. See § 174.104 for loading shipments of Class 1 (explosive) materials or any other material in a placarded and certified car containing a shipment of Division 1.1 or 1.2 (explosive) materials.

[Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174–68, 55 FR 52681, Dec. 21, 1990; 66 FR 45383, Aug. 28, 2001]

§ 174.103 - Disposition of damaged or astray shipments.

(a) Packages of Class 1 (explosive) materials found damaged or broken in transit may be repaired when practicable and not dangerous. A broken box of Division 1.1 or 1.2 (explosive) materials that cannot be repaired must be reinforced by stout wrapping paper and twine, placed in another strong box and surrounded by dry, fine sawdust or dry and clean cotton waste or elastic wads made from dry newspapers. A ruptured can or keg must be sealed and enclosed in a strong cloth bag of good quality and boxed. Damaged packages thus protected and properly marked may be forwarded. The box and waybill must be marked to indicate that it has been repacked.

(b) Care must be exercised in repacking damaged containers so that no spark is produced by contact of metal or other hard surfaces which could ignite loose particles of explosive compositions that may be strewn on car floors or freight. In addition, the car floors must be thoroughly swept, and washed with a plentiful supply of water. Iron-wheel trucks, metal hammers, or other metal tools that may produce sparks may not be used. Metal tools must be limited to those made of brass, bronze, or copper.

(c) Each package of Class 1 (explosive) materials showing evidence of leakage of liquid ingredients must:

(1) Be refused if leakage is discovered before acceptance;

(2) Be disposed of to a person who is competent and willing to remove them from the carrier's property, if the leakage is discovered while the shipment is in transit; or

(3) Be removed immediately by consignee, if the leakage is discovered at the shipment's destination.

(d) When the disposition required by paragraph (c) of this section cannot be made, the leaking package must be packed in other boxes large enough to permit enclosure and the leaking boxes must be surrounded by at least 5 cm (2 inches) of dry, fine sawdust or dry and clean cotton waste, and be stored in a station magazine or other safe place until the arrival of an inspector of the Bureau of Explosives, or other authorized person, to superintend the destruction or disposition of the condemned material.

(e) If careful inspection shows that an astray shipment of Class 1 (explosive) materials is in proper condition for safe transportation, it must be forwarded immediately to its destination if known, or returned to the shipper by the most practicable route.

(f) When a package in an astray shipment is not in proper condition for safe transportation (see paragraphs (a), (c), and (d) of this section), or when the name and address of the consignee and the shipper are unknown, disposition must be made as prescribed by paragraphs (c) and (d) of this section.

[Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174–68, 55 FR 52681, Dec. 21, 1990; 66 FR 45383, Aug. 28, 2001]

§ 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.govinfo.gov.

§ 174.105 - Routing shipments, Division 1.1 or 1.2 (explosive) materials.

Before a shipment of Division 1.1 or 1.2 (explosive) materials destined to a point beyond the lines of the initial carrier is accepted from the shipper, the initial carrier shall ascertain that the shipment can go forward by the route designated. To avoid delays en route, the initial carrier must be in possession of full rate information before forwarding the shipment.

[Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174–68, 55 FR 52682, Dec. 21, 1990; 66 FR 45383, Aug. 28, 2001]

§ 174.106 - “Order-Notify” or “C.O.D.” shipments, Division 1.1 or 1.2 (explosive) materials.

(a) A carrier may not accept for transportation Division 1.1 or 1.2 (explosive) materials, detonators, or detonating primers in any quantity when consigned to “order-notify” or “C.O.D.”, except on a through bill of lading to a place outside the United States.

(b) A carrier may not accept for transportation Division 1.1 or 1.2 (explosive) materials, detonators, or detonating primers which the shipper consigns to himself unless the shipper has a resident representative to receive them at the delivery point.

(c) A carrier may not accept Division 1.1 or 1.2 (explosive) materials for transportation subject to “stop-off privileges en route for partial loading or unloading.”

[Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174–36, 44 FR 70732, Dec. 10, 1979; Amdt. 174–68, 55 FR 52682, Dec. 21, 1990; 66 FR 45383, Aug. 28, 2001]

§ 174.110 - Car magazine.

When specially authorized by the carrier, Division 1.1 or 1.2 (explosive) materials in quantity not exceeding 68 kg (150 pounds) may be carried in construction or repair cars if the packages of Class 1 (explosive) materials are placed in a “magazine” box made of sound lumber not less than 2.5 cm (0.98 inch) thick, covered on the exterior with metal, and provided with strong handles. The box must be plainly stenciled on the top, sides, and ends, in letters not less than 5 cm (2 inches) high, “EXPLOSIVES—DANGEROUS—HANDLE CAREFULLY”. The box must be provided with strong hinges and with a lock for keeping it securely closed. Vacant space in the box must be filled with a cushioning material such as sawdust or excelsior, and the box must be properly stayed to prevent shifting within the car. The car must be placarded with EXPLOSIVES 1.1 or 1.2 (EXPLOSIVES A) placards when the magazine contains Division 1.1 or 1.2 (explosive) materials.

[Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174–26A, 41 FR 40685, Sept. 20, 1976; Amdt. 174–68, 55 FR 52682, Dec. 21, 1990; 66 FR 45383, Aug. 28, 2001; 68 FR 61942, Oct. 30, 2003]

§ 174.112 - Loading Division 1.3 materials and Division 1.2 (explosive) materials (Also see § 174.101).

(a) Division 1.3 materials and Division 1.2 (explosive) materials may not be loaded, transported or stored in a rail car equipped with any type of lighted heater or open-flame device, or in a rail car equipped with any apparatus or mechanism utilizing an internal combustion engine in its operation.

(b) Except as provided in § 174.101(b), (n), or (o), Division 1.3 materials and Division 1.2 (explosive) materials must be transported in a closed car or container car which is in good condition, and into which sparks cannot enter. The car does not require the car certificates prescribed in § 174.104(c) through (f). If the doors are not tight, they must be stripped to prevent the entrance of sparks. Wood floored cars must be equipped with spark shields (see § 174.104). Packages of Division 1.3 materials and Division 1.2 (explosive) materials must be blocked and braced to prevent their shifting and possible damage due to shifting of other freight during transportation. For recommended methods of blocking and bracing see the Intermodal Loading Guide for Products in Closed Trailers and Containers (see Table 1 to § 171.7 of this subchapter).

(c) Division 1.3 materials and Division 1.2 (explosive) materials may not be transported in a truck body, trailer, or container on a flatcar unless:

(1) The truck body, trailer, or container is closed and tight;

(2) All automatic heating or refrigerating machinery with which the truck body, trailer, or container is equipped is inoperative; and

(3) Packages of Division 1.2 materials and Division 1.3 (explosive) materials are blocked and braced within the truck body, trailer, or container to prevent their shifting and possible damage due to shifting of other freight during transportation (ends, sidewalls, or doors of the truck body, trailer, or container may not be relied on to prevent the shifting of heavy loads). For recommended methods of blocking and bracing see the Intermodal Loading Guide for Products in Closed Trailers and Containers (IBR, see § 171.7 of this subchapter).

[Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174–26B, 41 FR 57072, Dec. 30, 1976; Amdt. 174–68, 55 FR 52682, Dec. 21, 1990; Amdt. 174–83, 61 FR 51339, Oct. 1, 1996; 66 FR 45383, Aug. 28, 2001; 68 FR 61942, Oct. 30, 2003; 76 FR 43531, July 20, 2011; 87 FR 79783, Dec. 27, 2022]

§ 174.114 - Record to be made of change of seals on “Cars loaded with Division 1.1 or 1.2 (explosive) materials”.

When a car seal is changed on a car requiring “EXPLOSIVES 1.1 or EXPLOSIVES 1.2 (EXPLOSIVES A) placards” while en route or before delivery to a consignee, a record of the change showing the following information must be made on or attached to the waybill or other form of memorandum which must accompany the car to its destination:

Railroad Place Date Car Initials Car Number Number or description of seal broken Number or description of seal used to reseal car Reasons for opening car Condition of load Name and occupation of person opening car [Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174–26A, 41 FR 40685, Sept. 20, 1976; Amdt. 174–68, 55 FR 52682, Dec. 21, 1990]

§ 174.115 - Loading Division 1.4 (explosive) materials.

(a) Division 1.4 (explosive) materials may be loaded into any closed car in good condition, or into any container car in good condition. Car certificates are not required. Packages of Division 1.4 (explosive) materials must be blocked and braced to prevent their shifting and possible damage due to shifting of other freight during transportation. For methods of recommended loading and bracing see the Intermodal Loading Guide for Products in Closed Trailers and Containers (see Table 1 to § 171.7 of this subchapter).

(b) Division 1.4 (explosive) materials may not be transported in a truck body, trailer, or container on a flatcar unless:

(1) The truck body, trailer, or container is closed and tight;

(2) All automatic heating or refrigerating machinery with which the truck body, trailer, or container is equipped is inoperative; and

(3) Packages of Division 1.4 (explosive) materials are blocked and braced within the truck body, trailer, or container to prevent their shifting and possible damage due to shifting of other freight during transportation. Ends, side walls, or doors of the truck body, trailer, or container may not be relied on to prevent shifting of heavy loads. For recommended methods of blocking and bracing see the Intermodal Loading Guide for Products in Closed Trailers and Containers (IBR, see § 171.7 of this subchapter).

[Amdt. 174–26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174–36, 44 FR 70732, Dec. 10, 1979; Amdt. 174–68, 55 FR 52682, Dec. 21, 1990; 66 FR 45383, Aug. 28, 2001; 68 FR 61942, Oct. 30, 2003; 76 FR 43531, July 20, 2011; 87 FR 79783, Dec. 27, 2022]