Part

71

72

73

74

75

76

77

78

Shippers.

Carriers by rail freight.

Carriers by rail express.

Rail carriers in baggage service.

Shipping container specifications.

Sec.

71.11 Transportation by carriers by water. 71.12 Export shipments by domestic carriers by rail and motor vehicles. 71.13 Emergency regulations.

AUTHORITY: §§ 71.1 to 71.13 issued under 62 Stat. 738, 74 Stat. 808; 18 U.S.C. 834. SOURCE: $71.1 to 71.13 appear at 15 F. R. 8261, Dec. 2, 1950, except as otherwise noted. § 71.1 Plan of the regulations in Parts 71-78 of this chapter.

(a) Regulations in Parts 71-78 of this chapter cover preparation of explosives and other dangerous articles for transportation by common carriers by rail freight, rail express, rail baggage, highway or water, construction of containers, packaging, weight, marking, labeling when required, billing, and shipper's certificate of compliance with these regulations; also cars, loading, storage, billing, placarding, and movement thereof by carriers by rail.

(b) Regulations for equipment and operation of motor vehicles on the highways are published in separate issue of the Commission.

§ 71.2 Act of Congress.

(a) Section 833, Title 18 of the United States Code, approved September 6, 1960 (Pub. Law 710, 86th Congress), which amended the act approved June 25, 1948 (Pub. Law 772, 80th Congress), provides that "Any person who knowingly delivers to any carrier engaged in interstate or foreign commerce by land or water, and any person who knowingly carries on or in any car or vehicle of any description operated in the transportation of passengers or property by any carrier engaged in interstate or foreign commerce by land, any explosive, or other dangerous article, specified in or designated by the Interstate Commerce Commission pursuant to section 834 of this chapter, under any false or deceptive marking, description, invoice, shipping order, or other declaration, or any person who so delivers any such article without informing such carrier in writing of the true character thereof, at the time such delivery is made, or without plainly marking on the outside of every package containing explosives or other dangerous articles the contents thereof, if such marking is required by regulations prescribed by the Interstate Commerce Commission, shall be fined" or imprisoned, as provided in the Act. [Order 46, 26 F.R. 7343, Aug. 12, 1961]

§ 71.3 Changes in the regulations, shippers by rail, highway, and water, and carriers by rail and highway.

(a) Section 834 of the act of September 6, 1960, authorizes the Commission to formulate regulations for the safe transportation of explosives and other dangerous articles and, either upon its own motion or upon application by any interested party, to make changes or modifications in such regulations made desirable by new information or altered conditions. It further provides that in the execution of sections 831-835 of the act the Commission may utilize the services of carrier and shipper associations, including the Bureau for the Safe Transportation of Explosives and other Dangerous Articles (hereafter called Bu

reau of Explosives). The Bureau of Explosives 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 preparation and packing explosives and other dangerous articles for transportation by carriers by rail, highway, or water. The Commission will give due weight to the expert opinions thus obtained. Reports of these investigations will be made to the Commission with recommendations.

(b) 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.

[15 F.R. 8261, Dec. 2, 1950, as amended by Order 46, 26 F.R. 7343, Aug. 12, 1961]

§ 71.4 Changes in tank car specifications.

(a) 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, Association of American Railroads, for thorough investigation and consideration by its committee on tank cars, that committee to report its recommendations, together with objections offered to its proposals, with explanations and reasons for desired approval thereof, through said secretary to the Commission, and such reports may be submitted to the Bureau of Explosives, as circumstances appear to warrant, for comments and suggestions before appropriate action by the Commission.

ifications of the Commission and no increase in hazard is involved, their use should be permitted.

(c) 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.

(d) 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.

(e) 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.

§ 71.6 Approved changes; notice.

(a) The Act of September 6, 1960, requires that notice of 90 days after formulation and publication should be given of the effective date of new or modified regulations, unless a 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.

[15 F.R. 8261, Dec. 2, 1950, as amended by Order 46, 26 F.R. 7343, Aug. 12, 1961]

§ 71.7 Public hearings.

(a) Public hearings concerning regulations contained in Parts 71-78 of this chapter will be held by the Commission at sufficiently frequent intervals. At these hearings evidence may be introduced in favor of proposed changes or

additions 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 additions, or without such notice, as conditions appear to warrant. § 71.8 Definitions.

(a) The word "must" or "shall" is used in Parts 71-78 of this chapter in mandatory regulations. The word "should" indicates recommendatory provisions.

(b) Section 832 of the act of September 6, 1960 provides that any person who knowingly transports certain explosives, or any radioactive materials, or etiologic agents, on or in any passenger car or passenger vehicle of any description operated in the transportation of passengers by any for-hire carrier engaged in interstate or foreign commerce, by land, shall be fined or imprisoned or both. It further provides that emergency movements and movements of small quantities of those commodities on or in any such car or vehicle may be made under such regulations as the Commission may prescribe. As used in Parts 71-78 of this chapter the term "passenger car or passenger vehicle of any description operated in the transportation of passengers by any for-hire carrier... by land" means any railroad car of a passenger train, or highway vehicle, with passengers for-hire in the same such railroad car or highway vehicle.

(c) Whenever use of a container type is prescribed in the packing regulations but without specification number, the authorized type of container, either specification or nonspecification, may be used for the shipment.

(d) Numbering and lettering. The terms used in the numbering and lettering system employed in Parts 71-78 of this chapter, and adhered to in references made from one requirement to another, are as follows:

(1) Section: A major subdivision of a part, as § 73.193 of this chapter.

(2) Paragraph: A subdivision of a section, as paragraph (a) of this section, or § 73.193 (a).

(3) Subparagraph: A subdivision of a paragraph, as paragraph (a) (1) of this section, or § 73.193 (a) (1).