Part

71

72

77

78

Rail carriers in baggage service.

highway.

Shipping container specifications.

71.11 71.12

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

AUTHORITY: §§ 71.1 to 71.13 issued under sec. 204, 49 Stat. 546, as amended, sec. 835, 62 Stat. 739; 49 U. S. C. 304, 18 U. S. C. 835. 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, packing, 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 834, Title 18 of the United States Code, approved June 25, 1948 (Pub. Law 772, 80th Cong.), provides that whoever knowingly delivers to any common carrier engaged in interstate or foreign commerce by land or water, or carries upon any car or vehicle operated by any common carrier engaged in interstate or foreign commerce by land, any explosive or other dangerous article specified in section 832, under any false or deceptive marking, description, invoice, shipping order or declaration, or without informing the agent of such carrier, in writing, of the true character thereof, or does not plainly mark on the outside of every package containing explosives or other dangerous articles the contents thereof, shall be fined or imprisoned, or both, as provided in this act.

[Order 12, 18 F. R. 6776, Oct. 27, 1953]

§ 71.3 Changes in the regulations, shippers by rail, highway, and water, and carriers by rail and highway. (a) Section 835 of the act of June 25, 1948, 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 the Bureau for the Safe Transportation of Explosives and Other Dangerous Articles (hereinafter called Bureau 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 preparing 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.

§ 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.

$71.5 Procedure covering tank car construction. (a) Complete detailed prints of new or improved types of tankcar tanks and detailed prints or samples of new or improved types of equipment therefor should be submitted to the Secretary, Mechanical Division, Association of American Railroads, for thorough investigation and laboratory tests of samples by its committee on tank cars.

(b) When in the opinion of the committee such tanks or equipment therefor are in full compliance with effective specifications 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 June 25, 1948, 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.

871.7 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) In section 832 of the act of June 25, 1948: It is provided, That whoever knowingly transports certain explosives on any car or vehicle of any description operated in the transportation of passengers by a common carrier engaged in interstate or foreign commerce, which car or vehicle is carrying passengers for hire, shall be fined or imprisoned or both. It is further provided, That under limited conditions, certain explosives may be transported in a single car or vehicle but such explosives shall not be carried in that part of a car or vehicle which is being used for the transportation of passengers for hire. As used in Parts 7178 of this chapter the term "car or vehicle of any description operated in the transportation of passengers

for hire" 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).

(e) Tank motor vehicle. The term "tank motor vehicle" means any motor vehicle designed or used for the transportation of liquids or gases covered by Parts 71-78 of this chapter in any cargo tank.

(f) Cargo tank. The term "cargo tank" means:

(1) Permanently attached tank. Any tank designed to be permanently attached to any motor vehicle and in which is to be transported any flammable liquid, corrosive liquid, or compressed gas, hereby designated "cargo tank."

(2) Fuel tank not a cargo tank. A fuel tank is not a cargo tank, but one used to transport flammable liquid or compressed gas solely for the purpose of supplying fuel for the propulsion of a vehicle.

(g) The term "portable tank" means any tank designed primarily to be temporarily attached to a motor vehicle, other vehicle, railroad car other than tank car, or vessel, and equipped with skids, mountings or accessories to facilitate handling of the tank by mechanical means. The term "portable tank" shall not be construed to include any cargo tank, any tank car tank, or any tank of the ICC 106A (§§ 78.275 or 78.276 of this chapter) type.

§ 71.9 Vessels stores. (a) Vessels stores are regulated by the regulations prescribed by the Commandant of the

Coast Guard (46 CFR Part 147) and are not included in Parts 71-78 of this chapter.

or

combustible

§ 71.10 Flammable liquids in bulk on board vessels. (a) Nothing in Parts 71-78 of this chapter shall be construed as affecting the transportation of flammable or combustible liquids in bulk on board vessels which transportation is governed by the rules and regulations promulgated under R. S. 4417a; 47 U. S. C. 391a (46 CFR Part 146).

§ 71.11 Transportation by carriers by water. (a) When the transportation of a shipment involves movement by carrier by water, the applicable provisions of Parts 71-78 of this chapter must be observed by the shipper.

§ 71.12 Export shipments by domestic carriers by rail and motor vehicles. (a) Explosives and other dangerous articles authorized to be exported from the United States when packed, marked, labeled, and described, in accordance with rules and regulations in force at destination ports, must not be offered to any common carrier by rail or motor vehicle for domestic transportation unless in full accordance with the regulations in Parts 71-78 of this chapter.

(b) Except for the requirements of §§ 77.817 and 77.823 of this chapter, the provisions of Parts 71-78 of this chapter do not apply to such transportation by motor vehicle or water as may be necessary to effect transfer of export shipments from place of shipment to other places within the same port area or delivery to a water carrier within the same port area (including contiguous harbors). Further transportation of such export shipments by connecting water carrier shall be subject to the regulations prescribed by the Commandant of the Coast Guard.

[15 F. R. 8261, Dec. 2, 1950, as amended by Order 6, 17 F. R. 7279, Aug. 9, 1952]

§ 71.13 Emergency regulations. (a) Until further order of the Commission, shipments of explosives may be made upon request of the Departments of the Army, Navy, and Air Force of the United States Government complying with the following:

(1) Shippers' and carriers' regulations; handling detonating agents and explosives and explosive ammunition in same car or vehicle. Detonating fuzes, primer-detonator assemblies or other detonating elements containing explosive

or

components, if of a safe type, may be shipped either assembled in bombs, depth charges, mines, projectiles, or torpedoes (torpedo warheads) in properly packed containers in the same car or vehicle with bombs, depth charges, mines, projectiles, boosters, or torpedoes (torpedo warheads) when separated from the explosive bombs, depth charges, mines, projectiles, boosters, or torpedoes (torpedo warheads) by not less than 3 feet. The intervening space of 3 feet must be filled with dry sand or dry earth in bags or in a crib so constructed or lined as to prevent sifting of the sand or earth. The crib must be secured against movement.

(2) When bomb fuzes are packed with bomb fin assemblies, either crated or boxed in wooden or metal containers, the sand or earth filled space between bombs and the fuzes may be omitted provided adequate blocking and bracing is supplied to prevent the bombs from crushing and injuring the detonating fuzes due to ordinary shocks incident to transportation.

(3) Shipments of explosive bombs, unfuzed explosive projectiles, and jet thrust units when not packed in wooden boxes, and large metal containers of incendiary bombs weighing 500 pounds or more, each, may be loaded in stock cars or in gondola cars (flat bottom) when adequately braced. Wooden boxed bombs or jet thrust units which, due to size, cannot be loaded in closed cars may be loaded in open top cars but must be protected against accidental ignition. [15 F. R. 8261, Dec. 2, 1950, as amended by Order 10, 18 F. R. 3133, June 2, 1953; 18 F. R. 5270, Sept. 1, 1953]

Part 72-Commodity List of Explosives and Other Dangerous Articles Containing the Shipping Name or Description of All Articles Subject to Parts 7178 of This Chapter