[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR173.10]

[Page 413-414]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS--Table of Contents
 
                           Subpart A--General
 
Sec. 173.10  Tank car shipments.

    (a) Tank cars containing any 2.1 material (including a cryogenic 
liquid) or Class 3 material with a flash point below 38  deg.C (100 
deg.F), except liquid road asphalt or tar, may not be offered for 
transportation unless originally consigned or subsequently reconsigned 
to parties having private-siding (see Note 1 of this section) or to 
parties using railroad siding facilities which have been equipped for 
piping the liquid from tank cars to permanent storage tanks of 
sufficient capacity to receive contents of car.
    (b) A tank car containing any Class 2 material must not be offered 
for transportation unless the car is consigned for delivery (see 
paragraph (c) of this section) and unloading on a private track (see 
Note 1 of this section) except that where no private track is available, 
delivery and unloading on carrier tracks is permitted provided the 
following conditions are complied with:
    (1) Any tank car of DOT-106A or 110A type (see Secs. 179.300 and 
179.301 of this subchapter) may be offered for transportation and the 
loaded unit tanks may be removed from car frame on carrier tracks, 
provided the shipper has obtained from the delivering carrier and filed 
with originating carrier, written permission (see Note 2 of this 
section) for such removal. The consignee must furnish adequately safe 
mechanical hoist, obtained from the carrier if desirable, by which the 
tanks shall be lifted from the car and deposited directly upon vehicles 
furnished by the consignee for immediate removal from carrier property 
or tanks must be lifted by adequately safe mechanical hoist from car 
directly to vessels for further transportation.
    (c) Any tank car of other than DOT-106A or 110A type (see 
Secs. 179.300 and 179.301 of this subchapter), containing anhydrous 
ammonia, liquefied hydrocarbon or liquefied petroleum gas, and having 
interior pipes of liquid and gas discharge valves equipped with check 
valves, may be consigned for delivery and unloading on carrier tracks, 
if the lading is piped directly from the car to permanent storage tanks 
of sufficient capacity to receive the entire contents of the car. Such 
cars may also be consigned for storage on a private track or on a 
carrier track when designated by the carrier for such storage.
    (d) For cars of the DOT-106A or 110A type (see Secs. 179.300 and 
179.301 of this subchapter), the tanks must be placed in position and 
attached to the car structure by the shipper.
    (e) Class 3 materials with a flash point below 38  deg.C (100 
deg.F) and Division 2.1 materials (including a cryogenic liquid) may not 
be loaded into tank cars on carrier property from tank trucks or drums.

    Note 1: For this purpose, a private track is a track outside of 
carrier's right-of-way, yard, and terminals, and of which the carrier 
does not own either the rails, ties, roadbed or right-of-way; or a track 
or portion of a track which is devoted to the purpose of its user, 
either by lease or written agreement; in which case the lease or written 
agreement will be considered as equivalent to ownership.
    Note 2: Carriers should give permission for the unloading of these 
containers on carrier tracks only where no private siding is available 
within reasonable trucking distance of final destination. The danger 
involved is the

[[Page 414]]

release of compressed gases due to accidental damage to container in 
handling. The exposure to this danger decreases directly with the 
isolation of the unloading point.

[29 FR 18773, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967, 
and by Amdt. 173-162, 48 FR 10226, Mar. 10, 1983, and amended by Amdt. 
173-180, 49 FR 42735, Oct. 24, 1984; Amdt. 173-207, 53 FR 38274, Sept. 
29, 1988; Amdt. 173-224, 55 FR 52608, Dec. 21, 1990; 56 FR 66265, Dec. 
20, 1991; Amdt. 173-234, 58 FR 51532, Oct. 1, 1993; 67 FR 61013, Sept. 
27, 2002]