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REGULATIONS APPLYING MORE PARTICULARLY TO THE CARRIERS OF EXPLOSIVES AND OTHER DANGEROUS ARTICLES BY EXPRESS; REGULATIONS FOR HANDLING
81.100 Handling packages, care used. In handling packages containing explosives or other dangerous articles, care must be taken to prevent them from falling or from being broken. They must not be thrown, dropped, or rolled.** [Par. 270]
81.101 Loading into passenger carrying trains, poisons not in messenger cars when practicable. Shipments of explosives or other dangerous articles, except poisons, when transported in passengercarrying trains, must be loaded in the car occupied by an express employee and in a place that will permit their ready removal in case of fire. They must not be loaded in cars nor stored in stations near steam pipes or other sources of heat. No placards are required on such cars. Shipments bearing poison label, when practicable, should be loaded in sealed cars; when loaded in cars occupied by messenger, care should be taken to prevent any contents sifting or leaking from containers.* [Par. 271]
81.102 Express or baggage cars in freight trains; placards. When an express or baggage car containing any package requiring a label prescribed by the regulations in this part and Part 82 is not occupied by an express employee and is handled in a freight train, the proper placards must be attached thereto as required by the regulations for the transportation of explosives, and the regulations for the transportation of dangerous articles other than explosives, by freight.*+ [Par. 272]
CROSS REFERENCE: For regulations relating to the transportation of explosives and other dangerous articles by freight, see Part 80.
81.103 Carrier must see that regulations are complied with. The originating express carrier must, when a shipment is offered to it that is known to contain dangerous articles as defined by the regulations in this part, see that the packages are marked and labeled, and that the certificate is furnished as prescribed herein.** [Par. 273] 81.104 Cars used; heated units screened, or guarded. Unless sealed cars moving on nonpassenger-carrying trains are equipped with a suitable guard or screen to prevent the lading coming in contact with hot steam pipes, or heat exits used in electrically-heated equipment, packages containing explosives or other dangerous articles must not be transported in them.*+ [Par. 274]
81.105 Packages loaded in sealed cars for ready removal. Packages containing dangerous articles, as defined by the regulations in this part, that are loaded in sealed cars for express movement from the point of origin, on trains other than passenger-carrying trains, must be loaded in a place that will permit of their ready removal in case of fire, wreck, or unloading, and near the car door, if possible.
Not to exceed 10 gas identification sets may be transported in any car at any time.
It is important to prevent contact of contents of packages bearing either yellow or white corrosive liquid labels with combustible sub
*+For statutory and source citations, see note to § 81.1.
stances, such as sawdust, shavings, or sweepings, that may be present in express cars.*t [Par. 275]
81.106 Automobiles, etc., tanks drained. Automobiles, motor cycles, or any self-propelling vehicle, must have all gasoline or naphtha drained from their tanks away from carrier's property before receipt is issued.* [Par. 276]
81.107 Astray shipments. An astray shipment of dangerous articles, or a shipment made in violation of the regulations in Parts 72, 74, 80, and this part without the knowledge of the carrier, must be forwarded promptly to destination, if known, provided a careful inspection shows the package to be in proper condition for safe transportation. If the package is not labeled and the exact nature of the contents is unknown, the red label must be applied.*+ [Par. 277]
81.108 Connecting line shipments. Shipments of dangerous articles offered by connecting express or other transportation lines must comply with the regulations in Parts 72, 74, 80, and this part.*+ [Par. 278]
81.109 Disposition of on-hand shipments. Shipments of explosives and other dangerous articles as defined by the regulations in this part which are refused by the consignees, or which cannot be delivered within 48 hours after arrival at destination, must be promptly disposed of (a) by return to the shipper, if in proper shipping condition, or (b) by storage, provided a suitable storage place for such articles is available on or off the carrier's property, or (c) by sale, or (d), when necessary to safety, by destruction: Provided, That charged electric storage batteries may be held for 30 days after arrival at destination, pending delivery or disposition.** [Par. 280, as amended Nov. 1, 1934, Aug. 27, 1936, 1 F.R. 1368]
CROSS REFERENCE: For regulations of the Bureau of Customs relating to the sale of explosives unclaimed at port of destination by customs officials, see 19 CFR 18.8.
81.110 Marking containers for shipment. Each outside shipping container must be plainly marked with the proper and definite name of contents corresponding to the name shown on the express receipt, and the name and address of the consignee.*t [Par. 281]
81.111 Receipts. (a) A receipt upon the form prescribed by the originating express carrier must be issued to the shipper for each shipment of explosives or other dangerous articles accepted for transportation. Before a receipt is issued, the shipper must apply the label prescribed herein to each package containing any article covered by the regulations in this part.
(b) Each receipt must show the proper and definite name of commodity, as listed in the regulations in this part, and the color of the label affixed to the package if any is required.** [Par. 282]
81.112 Waybills. The revenue, or other waybilling, when prepared for such shipments, and the transfer sheet or interchange record used for transferring such shipments to a connecting carrier, must properly describe the articles by name as shown in the regulations in this part, and should state color of label applied.*+ [Par. 283, as amended Nov. 1, 1934]
**For statutory and source citations, see note to § 81.1.
81.113 Labels. Carriers must keep on hand an adequate supply of labels. Lost or detached labels must be replaced from information given on revenue or other waybilling.* [Par. 284]
81.114 Reporting violations. Serious violation of the regulations in Parts 72-81, facts relating to leakage or broken packages, and accidents or fires in connection with the transportation or storage on express or railway property of explosives or other dangerous articles, must be reported promptly by the express carrier to the Bureau of Explosives, 30 Vesey Steet, New York, N. Y.** [Par. 285]
PART 82-BAGGAGE SERVICE: EXPLOSIVES AND
82.1 Purpose of regulations. To promote the uniform enforcement of law and to provide for the safe transportation of dangerous articles in baggage service on passenger-carrying trains of carriers engaged in interstate or foreign commerce, the following regulations (Parts 72, 74, 80, and this part) are prescribed to define these articles for transportation purposes, to state the precautions that must be observed by the shipper in preparing them for shipment and by the carrier in handling them while in transit.**** [Par. 1]
**§§ 82.1 to 82.15, inclusive, issued under the authority contained in secs. 232236, 41 Stat. 1444, 1445; 18 U.S.C. 382-386.
The source of §§ 82.1 to 82.15, inclusive, (except for the amendment noted in the text,) is Part III, Regulations for transportation by rail of explosives and other dangerous articles in freight, express, and baggage services, including specifications for shipping containers, Interstate Commerce Commission, May 12, 1930, effective Oct. 1, 1930.
82.2 Penalties. Section 235 of the Act of March 4, 1921 (41 Stat. 1445; 18 U.S.C. 385) requires the shipper of explosives or of other dangerous articles to describe, pack, and mark his package properly, and to inform the agent of the carrier of the true character of the contents. Heavy penalties are provided for the shipper who knowingly offers for transportation a dangerous article without complying with these requirements, as well as for the carrier that knowingly transports it.*** [Par. 2]
**For statutory and source citations, see note to § 81.1.
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82.3 Special precautions necessary. Special precautions are necessary in preparing for shipment in baggage service packages of dangerous articles. Any failure of the shipper or of a carrier to perform the duties imposed upon them in this respect may be the actual or contributory cause of a serious accident or fire.*+ [Par. 3]
82.4 Passenger cars; character of article given in notice to carrier. The regulations in Parts 72, 74, 80, 81, and this part make all proper and necessary provisions for the transportation of explosives and other dangerous articles. No person or carrier may under any circumstances ship or carry any explosive on any passenger car or vehicle in violation of section 232 of the Act of March 4, 1921 (41 Stat. 1444; 18 U.S.C. 382), and no person or carrier may ship or carry any explosive or other dangerous article, as defined herein pursuant to section 233 of the Act (41 Stat. 1445; 18 U.S.C. 383), on any such car or vehicle before written notice of the true character of the article is given the carrier, without being subject to the penalties of the Act.** [Par. 4]
82.5 Bureau of Explosives services; regulation changes. Under the Act of March 4, 1921, (41 Stat. 1445; 18 U.S.C. 383) the services of the Bureau for the safe transportation of explosives and other dangerous articles, hereinafter called Bureau of Explosives, may be utilized by the Commission in the execution of its provisions. This Bureau will make inspections and conduct investigations, and will confer with manufacturers and shippers with a view to determining what specifications and regulations will within reasonable limits afford the highest degree of safety in packing and preparing these dangerous articles for shipment and in transporting the same. The Commission will avail itself of the expert knowledge thus developed, and in formulating amendments to the regulations in Parts 72, 74, 80, 81, and this part or specifications supplemental thereto, while not bound. thereby, will give due weight to the expert opinions thus obtained.** [Par. 5]
82.6 Carriers' materials and supplies; provision for other articles; regulations enforced. The regulations in Parts 72, 74, 80, 81, and this part apply to all shipments in baggage service of dangercus articles as prescribed herein, including carriers' materials and supplies (see note). Shipments of explosives or dangerous articles, except as provided herein, must not be offered or made in baggage service. The Commission will make provision as occasion and safety may require for dangerous articles other than those described in this part. Carriers engaged in interstate or foreign commerce, and shippers, must make the regulations in Parts 72, 74, 80, 81, and this part effective, and must provide for the thorough instruction of their employees.* [Par. 6]
NOTE: Explosives or other dangerous articles, consisting of carrier's materials and supplies such as are not prohibited for express transportation, may be transported in baggage cars when packed, marked, and labeled as prescribed by regulations for express shipments.
82.7 Packing regulations complied with; articles listed. No shipment in baggage service of any dangerous article described by the
*For statutory and source citations, see note to § 82.1.
regulations in this part shall be offered or made, unless the article is packed, marked, and labeled as follows.* [Par. 7]
82.8 Acceptable articles. The following articles may be transported in baggage service under the regulations in Parts 72, 74, 80, 81, and this part:
Red gas label..
In cylinders not exceeding 12 by 51 inches, and with pressure not exceeding 300 pounds at 70° F.
Red gas label__
Liquefied carbon dioxide-- Green gas label--In cylinders not exceeding 41⁄2
Red gas label__.
** [Par. 8, as amended Apr. 7, 1931]
by 22 inches.
82.9 Packing requirements for acceptable articles. (a) Inflammable motion-picture films must be packed in spark-proof metal cases or trunks complying with specification 32A, 32B, or 32C. Not more than 12,000 feet of standard width (1% inches wide), 12 reels of approximately 1,000 feet each, or equivalent thereof, or more than 3 reels of stereoscopic film (21/2 inches wide and approximately 1,500 feet each), may be packed in one such outside container; or as follows: In outside wooden boxes, specification 15C, provided each reel is placed in a tightly closed inside metal container. The gross weight of such a package must not exceed 80 pounds. Boxes must be equipped with handles, and covers securely fastened by metal hasp and staple with a strong lock or other efficient device.
(b) Slow-burning (noninflammable) motion-picture films must be packed in packages, specification 15C, 32A, 32B, or 32C, and each outside container must be plainly marked "Motion-Picture Films" and, in addition, must be marked "No Label Required."
(c) When slow-burning (noninflammable) motion-picture films are packed in the same outside containers with inflammable motionpicture films, the outside packages must bear the yellow label, and the total contents of the outside container must not exceed the quantity or gross weight permitted for inflammable films. (See paragraph (a) of this section.)
(d) Packages of motion-picture films with advertising matter attached to the outside container must not be offered or accepted for transportation. Shippers desiring to include advertising matter with their shipments of motion-picture films must place the advertsing matter inside the outside box containing the films.*t [Par. 9]
82.10 Compressed gases; method of shipping. Compressed gases must be shipped in metal cylinders complying with specifications and regulations as prescribed for freight shipments.*† [Par. 10 (a)] 82.11 Compressed gas in mine-rescue equipment. Cylinders of compressed gas for mine rescue or medical work may be shipped when packed with other equipment pertaining to such work; cylinders not
*For statutory and source citations, see note to § 82.1.