Section 80.0 Dangerous articles list (freight)—Continued.

(Secs. 232-236, 41 Stat. 1444, 1445; 18 U.S.C. 382-386) [Dangerous articles list, freight, p. 6, Part I, Regulations for the transportation of explosives and other dangerous articles by freight, ICC, revised May 12, 1930, effective Oct. 1, 1930, as amended]

GENERAL REGULATIONS: FREIGHT

80.1 Purpose and application. (a) To promote the uniform enforcement of law and to minimize the dangers to life and property incident to the transportation of explosives and other dangerous articles by carriers engaged in interstate or foreign commerce by rail, the following regulations are prescribed to define these articles for freight 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. It is the duty of each such carrier and shipper to make the prescribed regulations in Parts 72-80 effective and to thoroughly instruct employees in relation thereto. (b) The regulations in Parts 72-80 apply to all shipments of explosives and other dangerous articles as defined herein, including carriers' material and supplies.

(c) Section 235 of the Act of March 4, 1921, 41 Stat. 1445; 18 U.S.C. 385, requires the shipper of explosives and other dangerous articles to describe, pack, and mark his packages properly, and to inform the

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agent of the carrier of the true character of their contents. Heavy penalties are provided for the shipper who knowingly solicits the transportation of any explosive or other dangerous article without complying with these requirements, as well as for the carrier that knowingly accepts and transports them.

(d) The regulations in Parts 72-80 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. 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.

(e) Explosives and other dangerous articles, except such as are forbidden (see §§ 80.30 (a), 80.59, 80.90 (b)), may be offered for transportation to carriers engaged in interstate or foreign commerce by rail and transported, provided the regulations in Parts 72-80 are complied with, and provided the method of manufacture, packing, and storage, in so far as they affect safe transportation, are open to inspection by a duly authorized representative of the initial carrier or of the Bureau of Explosives. Shipments that do not comply with the regulations in Parts 72-80 must not be delivered for transportation or transported.*+ [Pars. 1-5]

*§§ 80.1 to 80.308, inclusive, issued under the authority contained in secs. 232-236, 41 Stat. 1444, 1445; 18 U.S.C. 382–386.

†The source of §§ 80.1 to 80.8, inclusive, (except for amendments noted in the text,) is Part I, Regulations for the transportation of explosives and other dangerous articles by freight, and specifications for shipping containers, section 1, (general regulations, freight), Interstate Commerce Commission, revised May 12, 1930, effective Oct. 1. 1930.

80.2 Restrictions. When local conditions make the acceptance, transportation, or delivery of explosives or other dangerous articles unusually hazardous, local restrictions may be imposed by the carrier.

All carriers must report to the Bureau of Explosives for publication full information as to restrictions which may be imposed against the acceptance, delivery, or transportation of explosives or other dangerous articles, over any portion of their lines.** [Par. 6]

80.3 Specification containers prescribed. (a) Shipping containers, unless otherwise provided herein, used hereafter in shipping explosives or other dangerous articles must have been made and marked in compliance with specifications prescribed herein or with specifications of the commission in effect at date of manufacture of container.

(b) Articles for which detailed specifications for packing are not given herein must be securely packed in containers strong enough to stand, without rupture or leakage of contents, all ordinary shocks incident to reasonably careful handling during transit.

(c) Containers that do not comply with the specifications must not be marked to indicate such compliance.

**For statutory and source citations, see note to § 80.1.

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(d) Specification containers made and maintained in full compliance with corresponding specifications prescribed by the Board of Railway Commissioners for Canada in its Regulations for the Transportation of Explosives and Other Dangerous Articles by Freight and Specifications for Shipping Containers and marked in accordance therewith, CRC, etc., may be used for shipment of explosives and other dangerous articles under the commission's regulations. [As added Aug. 27, 1936, 1 F.R. 1366]

(e) In addition to standing the tests prescribed, the design and construction of containers must be such as to prevent the occurrence in individual packages of defects that permit leakage of their contents under ordinary conditions incident to transportation. The results of experience gained by an examination of broken or leaking containers on arrival at destination must be reported to and recorded by the Bureau of Explosives, to the end that further use of any particular kind of container shown by experience to be inefficient may be prohibited by the commission. (See § 80.7.)** [Pars. 7, 8]

80.4 Canadian shipments. Explosives and other dangerous articles as defined herein, which are packed, marked, labeled, and loaded, in conformity with the regulations of the Board of Railway Commissioners for Canada may be accepted and carried by carriers from point of entry in the United States to their destination in the United States or through the United States en route to a point in Canada.** [Par. 9]

80.5 Import shipments. Whenever an order is placed in a foreign country for the importation of any explosive or other dangerous article, to be forwarded in original package from port of entry by carriers subject to the regulations in Parts 72-80, the importer must furnish with the order to the foreign shipper, and also to the forwarding agent at the port of entry, full and complete information as to the packing, marking, and labeling required by the regulations in Parts 72-80. The forwarding agent must file with the originating carrier a properly certified shipping order as prescribed herein.*+ [Par. 10]

80.6 Intermediate shippers and carriers. Forwarding companies and water transportation lines must have on file shipper's certified bill of lading or shipping order, and know that packages delivered to carrier for transportation comply with the regulations in Parts 72-80. Shipments must be properly loaded, and cars placarded as prescribed herein, when delivered to carriers.*+ [Par. 11]

80.7 Violations and accidents to be reported. (a) Serious violations of the regulations in Parts 72-80 (such as defective packing, improper staying, or rough treatment of car), and accidents, fires or explosions, and leaking or broken packages occurring in connection with the transportation or storage on carrier's property of explosives or other dangerous articles, must be reported promptly by the carrier to the Bureau of Explosives.

(b) Consignees must report promptly to the Bureau of Explosives all instances of improper staying and broken, leaking, or defective containers of explosives or other dangerous articles in shipments

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**For statutory and source citations, see note to § 80.1.

received by them, and must carefully remove from car and other railroad property all loose powder or other explosive or any other dangerous articles which have leaked from packages.

(c) The Bureau of Explosives, upon receipt of reports from carriers and consignees, should promptly report to the shipper full particulars covering all cases of defective packing, improper staying, leaking and/or broken shipping containers and rough treatment of cars resulting in leakage or damage to shipping containers or staying.* [Pars. 12-14]

80.8 Car floats, ferries, and like vessels. For the purpose of the regulations in Parts 72-85, a car ferry or car float shall be considered as an extension of rail line, and regulations of the Commission for the transportation of explosives and other dangerous articles by rail shall apply thereto : Provided, That no car ferry or car float or other ferry vessel which carries passengers shall transport any dangerous explosive prohibited for transportation on vessels carrying passengers by section 232 or 234 of the Act of March 4, 1921, 41 Stat. 1444, 1445; 18 U.S.C. 382 or 384, nor any tank car or tank truck or other vehicle carrying any tank containing inflammable liquid, inflammable compressed gas, chlorine, or sulphur dioxide. The carriage on any car ferry or car float or other ferry vessel of any motor truck or other vehicle containing any explosive or other dangerous article (other than those forbidden for transportation) shall only be in packages in full compliance with regulations prescribed herein for transportation by water.

Transportation of cars containing explosives or other dangerous articles, packed and loaded therein and otherwise in full compliance with regulations for the transportation of these articles by rail, is authorized on Seatrain Lines' or other similar vessels: Provided, That no such vessel when carrying passengers for hire may transport any explosive prohibited for transportation on vessels carrying passengers for hire by section 232 or 234 of the Transportation of Explosives Act.** [Par. 15, as added Nov. 1, 1934, and amended Oct. 29, 1935]

CROSS REFERENCE: For water transportation, see Part 83. For rail transportation, see Parts 80-82.

EXPLOSIVES BY FREIGHT

80.19 Explosives with other articles. Unless specifically authorized by the regulations in Parts 72-80, explosives must not be packed in the same outside packages with each other or with other articles.*++ [Par. 30]

††The source of §§ 80.19 to 80.67, inclusive, (except for amendments noted in the text,) is Part I, Regulations for the transportation of explosives and other dangerous articles by freight, and specifications for shipping containers, section 2, (explosives by freight), Interstate Commerce Commission, revised May 12, 1930, effective Oct. 1, 1930.

80.20 Samples of explosives. Samples of explosives, except blasting caps and fulminates, in separate interior containers, may be shipped when packed in the same outside package of gross weight not exceeding 50 pounds, provided the weight of any one sample does not exceed 8 ounces, and provided the interior packages are so

**For statutory and source citations, see note to § 80.1.

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cushioned and protected as to insure their transportation without rupture or leakage of contents. The package must be marked and described with the name of the most dangerous explosive included among the samples such as "High Explosive," or "Black Powder."*+ [Par. 31, as amended Apr. 7, 1931]

80.21 New explosives. Samples of any new explosives must be examined and approved by the Bureau of Explosives as safe for transportation before shipment (except samples for laboratory examination not exceeding 5 pounds net weight) may be offered or accepted for transportation. For this purpose, a new explosive is the product of a new factory, or an explosive of an essentially new composition made by any factory.*+ [Par. 32, as amended Oct. 14, 1932]

80.22 Government shipments. (a) Shipments of explosives offered by or consigned to the War and Navy Departments of the United States Government must be packed, including limitations of weight, in accordance with the regulations in Parts 72-80 or as required by their regulations. [As amended Dec. 15, 1931]

(b) Before shipment, explosive articles in the experimental stage must be made safe by removal of ignition elements or otherwise.*† [Par. 33]

80.23 Consignee's name and address on L. C. L. shipments of explosives. In less-than-carload shipments, each package must be marked to show plainly the name and address of the consignee. This address and the name of contents should be as near together as practicable.** [Par. 34]

80.24 "Order-notify" and "stop-off" shipments. (a) Except on through bills of lading to a foreign country, shipments of dangerous explosives as named in § 80.48 and blasting caps in any quantity must not be shipped when consigned "to order notify." Shippers must not consign these shipments to themselves at points where they have not a resident respresentative.

(b) Dangerous explosives named in § 80.48 must not be shipped subject to "stop off" privileges en route for partial loading or unloading.** [Par. 35]

CROSS REFERENCE: For regulations relating to through bills of lading to foreign countries, see Part 32.

80.25 Shipping days for explosives. (a) When practicable at any point, regular days should be assigned for receiving from shippers less-than-carload lots of dangerous explosives named in § 80.48.

(b) To enable the carrier to provide proper cars at stations where less-than-carload shipments of the dangerous explosives named in § 80.48 are accepted for loading by the carrier, the shipper must give to the carrier not less than 24 hours' notice of his intention to offer such shipments, and state their destinations. When a regular day to receive all explosives shipments offered at such a station has been appointed, this notice may be waived by the carrier, but the explosives shipments must be delivered on such days in time to permit proper inspection, billing, and loading on that day.*+ [Pars. 36, 37]

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*For statutory citation, see note to § 80.1.