Section 71.1 Purpose of regulations. The purpose of the regulations in Parts 72-85 is to promote safety to persons and property in the transportation by rail as freight and express and in baggage service of explosives and other dangerous articles described in these parts.*+ [Par. A]

*88 71.1 to 71.8, inclusive, issued unded the authority contained in secs. 232-236, 41 Stat. 1444, 1445; 18 U.S.O. 382-386.

The source of $8 71.1 to 71.8, inclusive, is Regulations for the transportation of explosives and other dangerous articles by freight and express and in baggage service, including specifications for shipping containers, (Procedure), Interstate Commerce Commission, revised, May 12, 1930, effective, Oct. 1, 1930.

71.2 Arrangement of regulations.30

71.3 Changes in regulations, including specifications. Changes in the regulations in Parts 72–85 usually result from new information or altered conditions, and proposals will be considered by the Commission upon its own motion or upon application made

by any interested party. Under the Explosives Transportation Act (Sec. 233, 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 regulations will within reasonable limits afford the highest degree of safety in packing and preparing explosives and other dangerous articles for shipment and in transporting the same. The Commission will give due weight to the expert opinions thus obtained. Reports of these investigations should be made to the Commission with recommendations.

Specifications for shipping containers, methods of packing for shipment, and other regulations, will be considered and prescribed from time to time by orders effective as conditions may appear to warrant.*1 [Par. C]

71.4 Changes in tank car specifications. Proposals of changes in or additions to specifications for tanks to be mounted on or to form part of a car and to be classified as tank cars should be submitted to the secretary, mechanical division, American Railway Association, for thorough investigation and consideration by its committee on tank cars, that committee to submit its approval of or objection to the proposals, with explanations and reasons therefor, through said secretary to the Commission, and such reports to be submitted to the Bureau of Explosives for comments and suggestions before appropriate final action by the Commission.*+ [Par. D]

CROSS REFERENCE: For specifications for shipping containers, see Part 72.

71.5 New types of tank car construction; service trials. Complete detailed prints of new or improved types of tank car tanks and

The arrangement of the regulations as originally carried in Regulations for transportation by rail of explosives and other dangerous articles in freight, express, and baggage services including specifications for shipping containers, has been changed in preparing these regulations for inclusion in the Code of Federal Regulations. These regulations will now be found in Parts 71-85.

detailed prints or samples of new or improved types of equipment therefor should be submitted to the secretary, mechanical division, American Railway Association, for thorough investigation and laboratory tests of samples by the said committee on tank cars.

When in the opinion of the committee such tanks or equipment therefor are in full compliance with effective spectifications of the Commission and no increase in hazard is involved, their use should be permitted.

When in the opinion of the committee such tanks or equipment therefor are in full compliance with effective specifications of the Commission and a possible increase in hazard is involved, service trials should be agreed upon among interested parties before more extended use is permitted.

When in the opinion of the committee such tanks or equipment therefor do not comply with effective specifications of the Commission and service trials are desirable, approval by the Commission of the conditions of such trials must be obtained.** [Par. E]

71.6 Tank car committee reports for action by Commission. Prompt reports of the tank car committee on these matters should be made to the Commission through said mechanical division secretary and should include objections to proposed modifications of the specifications and advice of any extensions of pending investigations found necessary. The committee's expert opinions thus obtained will be given due weight by the Commission in determining upon appropriate final action to be taken. The merits of controversies arising under the foregoing procedure will be considered and changes in or additions to the specifications, or authorizations of service trials, will be made by the Commission as conditions appear to warrant.*+ [Par. F]

71.7 Public hearings; frequent intervals. Public hearings will be held by the Commission at sufficiently frequent intervals. At these hearings evidence may be introduced in favor of proposed changes or modifications and protest against the adoption thereof will also be heard. Final action also may be taken by the Commission without hearing, following 20 days' notice by the Commission of proposed changes or modifications, or without such notice, as conditions appear to warrant.** [Par. G)

71.8 Notice prior to effective date of regulations. The explosives act requires that notice of 90 days after formulation and publication should be given of the effective date of new or modified regulations, unless shorter time is authorized by the Commission. The authority to establish amended regulations upon less than 90 days' notice will be exercised only in instances where special and peculiar circumstances or conditions fully justify it.** [Par. H]

PART 72-SHIPPING CONTAINER SPECIFICATIONS

Sec.

72.1A-1

72.1A-2 72.1A-3 72.1A 4 72.1A-5

Sec.

72.5A-1 72.5A-2 72.5A-3 72.5 A 4 72.5A-5

72.5–1

72.5B-1

72.5C-1

72.5D-1

72.5E-1

72.5F-1

72.5G-1

72.58-1

72.5J-1

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