[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Proposed Rules]
[Pages 28556-28560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-12098]
[[Page 28556]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171 and 174
[Docket No. PHMSA-2025-0099 (HM-268K)]
RIN 2137-AG13
Hazardous Materials: Removing Burdensome Rail Reporting
Requirements
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Notice of Proposed Rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: PHMSA proposes to remove or replace various rail
transportation requirements that are either obsolete, overly
burdensome, or conflict with other requirements in the Hazardous
Materials Regulations (HMR).
DATES: Comments must be received on or before September 2, 2025.
ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2025-0099 using any of the following methods:
E-Gov Web: https://www.regulations.gov. This site allows the public
to enter comments on any Federal Register notice issued by any agency.
Follow the online instructions for submitting comments.
Mail: Docket Management System: U.S. Department of Transportation,
1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140,
Washington, DC 20590-0001.
Hand Delivery: U.S. DOT Docket Management System: West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
Fax: 1-202-493-2251.
Instructions: Please include the docket number PHMSA-2025-0099 at
the beginning of your comments. If you submit your comments by mail,
submit two copies. If you wish to receive confirmation that PHMSA
received your comments, include a self-addressed stamped postcard.
Internet users may submit comments at https://www.regulations.gov.
Note: Comments are posted without changes or edits to https://www.regulations.gov, including any personal information provided.
There is a privacy statement published on https://www.regulations.gov.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to https://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
https://www.dot.gov/privacy.
Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA, 5 U.S.C. 552), CBI is exempt from
public disclosure. It is important that you clearly designate the
comments submitted as CBI if: your comments responsive to this document
contain commercial or financial information that is customarily treated
as private; you actually treat such information as private; and your
comment is relevant or responsive to this notice. You may ask PHMSA to
provide confidential treatment to information you give to the agency by
taking the following steps: (1) mark each page of the original document
submission containing CBI as ``Confidential''; (2) send PHMSA, along
with the original document, a second copy of the original document with
the CBI deleted; and (3) explain why the information that you are
submitting is CBI. Submissions containing CBI should be sent to
Alexander Wolcott, Standards and Rulemaking Division, Pipeline and
Hazardous Materials Safety Administration (PHMSA), 2nd Floor, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001, or by email at
[email protected]. Any materials PHMSA receives that is not
specifically designated as CBI will be placed in the public docket.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov. Follow the online
instructions for accessing the docket. Alternatively, you may review
the documents in person at the street address listed above.
FOR FURTHER INFORMATION CONTACT: Alexander Wolcott, Transportation
Regulations Specialist, 1200 New Jersey Avenue SE, Washington, DC
20590, 202-366-8553, [email protected].
SUPPLEMENTARY INFORMATION:
I. General Discussion
PHMSA is proposing several changes to Part 171, General
Information, Regulations, and Definitions, and Part 174, Carriage by
Rail of Chapter I of Title 49 of the Code of Federal Regulations (CFR).
These proposed changes would remove or replace various rail
requirements that are either obsolete, overly burdensome, or conflict
with other requirements in the HMR. PHMSA does not expect that these
proposed revisions would have any adverse impact on safety.
Section 171.7 contains a list of the various documents PHMSA has
incorporated by reference into the HMR. Section 171.7 also includes a
table displaying materials that are not incorporated by reference.
PHMSA is proposing to remove several publications from the table issued
by the Association of American Railroad's (AAR) Bureau of Explosives
(BOE), including the Intermodal Loading Guide for Products in Closed
Trailers and Containers, Pamphlet 6, Pamphlet 6A, Pamphlet 6C, and the
Emergency Handling of Hazardous Materials in Surface Transportation.
Many of these publications have not been updated in decades and are no
longer relevant to the nation's modern supply chain. PHMSA is proposing
to remove these obsolete publications from the table and to make other
conforming changes to Sec. Sec. 174.55, 174.101, 174.112, 174.115, and
174.290 to remove subsequent references to the same publications.
Section 174.20(a) authorizes a rail carrier to impose local or
carrier restrictions for hazardous materials when acceptance,
transportation, or delivery is unusually hazardous. Section 174.20(b)
also requires a carrier to report these restrictions to the AAR BOE.
The removal of these reporting requirements was initiated by an AAR
proposal at the June 2016, Railroad Safety Advisory Committee (RSAC)
meeting as their recommendation was that the reporting requirement to
the AAR's BOE was no longer necessary. The final decision to remove and
reserve this section was approved by consensus vote at the May 25,
2017, RSAC meeting and offered to PHMSA and Federal Railroad
Administration (FRA) for consideration. Therefore, PHMSA understands
these reports to be outdated requirements, but nonetheless welcomes
input from stakeholders on their current use, if any. PHMSA expects
removing this section would not adversely impact safety because rail
carriers would still be able to make a determination that local
conditions make the acceptance, transportation, or delivery of
hazardous materials unusually hazardous. This would maintain the
current level of safety by retaining the railroad's discretion to
restrict the movement of hazardous materials when a rail line is unsafe
due to weather, track damage, or other
[[Page 28557]]
reasons that would make the transportation of hazardous materials
unusually hazardous while reducing reporting burdens.
Section 174.67 prescribes the requirements for tank car
transloading. PHMSA is proposing to remove certain outdated and
unnecessary requirements from Sec. 174.67, including removing the
references to dirt and cinders in paragraph (b), amending paragraph (d)
to provide flexibility in protecting open tank cars during
transloading, and removing paragraph (n) because it is redundant to
Sec. 174.57. PHMSA expects that these changes would not have any
adverse impact on safety as transloading has become significantly less
common since the adoption of Sec. 174.67 and the risks that these
requirements were meant to mitigate have significantly diminished due
to technological advances in the rail industry over the last 50 years.
II. Regulatory Analysis and Notices
A. Legal Authority
This proposed rule is published under the authority of the
Secretary of Transportation set forth in the Federal Hazardous
Materials Transportation Laws (49 U.S.C. 5101 et seq.) and delegated to
the PHMSA Administrator pursuant to 49 CFR 1.97.
B. Executive Orders 12866; Regulatory Planning and Review
Executive Order (E.O.) 12866 (``Regulatory Planning and
Review''),\1\ as implemented by DOT Order 2100.6B (``Policies and
Procedures for Rulemaking''), requires agencies to regulate in the
``most cost-effective manner,'' to make a ``reasoned determination that
the benefits of the intended regulation justify its costs,'' and to
develop regulations that ``impose the least burden on society.'' DOT
Order 2100.6B specifies that regulations should generally ``not be
issued unless their benefits are expected to exceed their costs.'' In
arriving at those conclusions, E.O. 12866 requires that agencies should
consider ``both quantifiable measures . . . and qualitative measures of
costs and benefits that are difficult to quantify'' and ``maximize net
benefits . . . unless a statute requires another regulatory approach.''
E.O. 12866 also requires that ``agencies should assess all costs and
benefits of available regulatory alternatives, including the
alternative of not regulating.'' DOT Order 2100.6B directs that PHMSA
and other Operating Administrations must generally choose the ``least
costly regulatory alternative that achieves the relevant objectives''
unless required by law or compelling safety need.
---------------------------------------------------------------------------
\1\ 58 FR 51735 (Oct. 4, 1993).
---------------------------------------------------------------------------
E.O. 12866 and DOT Order 2100.6B also require that PHMSA submit
``significant regulatory actions'' to the Office of Information and
Regulatory Affairs (OIRA) within the Executive Office of the
President's Office of Management and Budget (OMB) for review. This NPRM
is a not significant regulatory action pursuant to E.O. 12866; it also
has not designated this rule as a ``major rule'' as defined by the
Congressional Review Act (5 U.S.C. 801 et seq.).
PHMSA has complied with the requirements in E.O. 12866 as
implemented by DOT Order 2100.6B and made a preliminary determination
that this NPRM would result in cost savings by reducing regulatory
burdens and regulatory uncertainty for the railroad industry by
removing unnecessary reporting requirements. PHMSA expects those cost
savings would also result in reduced costs for the public to whom those
entities generally transfer a portion of their compliance costs.
C. Executive Orders 14192 and 14219
This proposed rule, if finalized as proposed, is expected to be an
E.O. 14192 deregulatory action.\2\ PHMSA seeks data that would be
helpful to generate an estimate of the cost savings from this rule.
PHMSA's initial estimates are that the total costs of the rule on the
regulated community would be less than zero. Nor does this proposed
rule does implicate any of the factors identified in section 2(a) of
E.O. 14219 indicative of a regulation that is ``unlawful . . . [or]
that undermine[s] the national interest.'' \3\
---------------------------------------------------------------------------
\2\ 90 FR 9065 (Jan. 31, 2025).
\3\ 90 FR 10583 (Feb. 19, 2025).
---------------------------------------------------------------------------
D. Energy-Related Executive Orders 13211, 14154, and 14156
The President has declared in E.O. 14156 (``Declaring a National
Energy Emergency'') \4\ a national emergency to address the United
States's inadequate energy development, production, transportation,
refining, and generation capacity. Similarly, E.O. 14154 (``Unleashing
American Energy'') \5\ asserts a Federal policy to unleash American
energy by ensuing access to abundant supplies of reliable, affordable
energy from (inter alia) the removal of ``undue burden[s]'' on the
identification, development, or use of domestic energy resources. PHMSA
preliminary finds this proposed rule is consistent with each of E.O.
14156 and E.O. 14154. The proposed rule would give railroads relief by
reducing reporting costs and modernizing safety requirements to remove
outdated, inefficient methods. PHMSA therefore expects the regulatory
amendments in this proposed rule would in turn improve railroads'
ability to provide abundant, reliable, affordable energy products in
response to residential, commercial, and industrial demand.
---------------------------------------------------------------------------
\4\ 90 FR 8353 (Jan. 29, 2025).
\5\ 90 FR 8353 (Jan. 29, 2025).
---------------------------------------------------------------------------
However, this proposed rule is not a ``significant energy action''
under E.O. 13211 (``Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use''),\6\ which requires
Federal agencies to prepare a Statement of Energy Effects for any
``significant energy action.'' This proposed rule is not a significant
action under E.O. 12866, and moreover, it would not have a significant
adverse effect on supply, distribution, or energy use. OIRA has
therefore not designated this proposed rule as a significant energy
action.
---------------------------------------------------------------------------
\6\ 66 FR 28355 (May 22, 2001).
---------------------------------------------------------------------------
E. Executive Order 13132: Federalism
PHMSA analyzed this proposed rule in accordance with the principles
and criteria contained in E.O. 13132 (``Federalism'') \7\ and the
Presidential Memorandum (``Preemption'') published in the Federal
Register on May 22, 2009.\8\ E.O. 13132 requires agencies to assure
meaningful and timely input by State and local officials in the
development of regulatory policies that may have ``substantial direct
effects on the States, on the relationship between the National
Government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' The Federal
Hazardous Materials Transportation laws contain an express preemption
provision at 49 U.S.C. 5125(b) that preempts state, local, and tribal
requirements on certain covered subjects, unless the non-federal
requirements are ``substantively the same'' as the federal
requirements, including the following:
---------------------------------------------------------------------------
\7\ 64 FR 43255 (Aug. 10, 1999).
\8\ 74 FR 24693 (May 22, 2009).
---------------------------------------------------------------------------
(1) The designation, description, and classification of hazardous
material;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(3) The preparation, execution, and use of shipping documents
related to hazardous material and requirements
[[Page 28558]]
related to the number, contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
(5) The design, manufacture, fabrication, inspection, marking,
maintenance, recondition, repair, or testing of a packaging or
container represented, marked, certified, or sold as qualified for use
in transporting hazardous material in commerce.
This proposed rule addresses covered subject items in section I
above and would preempt state, local, and Tribal requirements not
meeting the ``substantively the same'' standard. While the proposed
rule may operate to preempt some State requirements, it would not
impose any regulation that has substantial direct effects on the
States, the relationship between the National Government and the
States, or the distribution of power and responsibilities among the
various levels of government. The preemptive effect of the regulatory
amendments in this proposed rule is limited to the minimum level
necessary to achieve the objectives of the Federal Hazardous Materials
Transportation laws. Therefore, the consultation and funding
requirements of E.O. 13132 do not apply.
F. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
Federal agencies to conduct an Initial Regulatory Flexibility Analysis
(IRFA) for a proposed rule subject to notice-and-comment rulemaking
under the APA unless the agency head certifies that the proposed rule
in the rulemaking would not have a significant economic impact on a
substantial number of small entities. E.O. 13272 (``Proper
Consideration of Small Entities in Agency Rulemaking'') \9\ obliges
agencies to establish procedures promoting compliance with the
Regulatory Flexibility Act. DOT posts its implementing guidance on a
dedicated web page.\10\ This proposed rule was developed in accordance
with E.O. 13272 and DOT implementing guidance to ensure compliance with
the Regulatory Flexibility Act. The proposed rule is expected to reduce
burdens. Therefore, PHMSA certifies the proposed rule does not have a
significant impact on a substantial number of small entities.
---------------------------------------------------------------------------
\9\ 67 FR 53461 (Aug. 16, 2002).
\10\ DOT, ``Rulemaking Requirements Related to Small Entities,''
https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities (last accessed Sept 3, 2024).
---------------------------------------------------------------------------
G. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act (UMRA, 2 U.S.C. 1501 et seq.)
requires agencies to assess the effects of Federal regulatory actions
on State, local, and Tribal governments, and the private sector. For
any proposed or direct final rule that includes a Federal mandate that
may result in the expenditure by state, local, and Tribal governments,
in the aggregate of $100 million or more (in 1996 dollars) in any given
year, the agency must prepare, amongst other things, a written
statement that qualitatively and quantitatively assesses the costs and
benefits of the Federal mandate.
This proposed rule does not impose unfunded mandates under UMRA
because it does not result in costs of $100 million or more (in 1996
dollars) per year for either State, local, or Tribal governments, or to
the private sector.
H. National Environmental Policy Act
The National Environmental Policy Act (NEPA, 42 U.S.C. 4321 et
seq.) requires that Federal agencies assess and consider the impact of
major Federal actions on the human and natural environment.
PHMSA analyzed this proposed rule in accordance with NEPA and has
preliminarily determined that the rulemaking would not adversely affect
safety and therefore would not significantly affect the quality of the
human and natural environment. The public is invited to comment on the
impact of the proposed action.
I. Executive Order 13175
PHMSA analyzed this proposed rule according to the principles and
criteria in E.O. 13175 (``Consultation and Coordination with Indian
Tribal Governments'') \11\ and DOT Order 5301.1A (``Department of
Transportation Tribal Consultation Policies and Procedures''). E.O.
13175 requires agencies to assure meaningful and timely input from
Tribal government representatives in the development of rules that
significantly or uniquely affect Tribal communities by imposing
``substantial direct compliance costs'' or ``substantial direct
effects'' on such communities or the relationship or distribution of
power between the Federal government and Tribes.
---------------------------------------------------------------------------
\11\ 65 FR 67249 (Nov. 9, 2000).
---------------------------------------------------------------------------
PHMSA assessed the impact of the proposed rule and determined that
it would not significantly or uniquely affect Tribal communities or
Indian Tribal governments. The rulemaking's regulatory amendments have
a broad, national scope; therefore, this proposed rule would not
significantly or uniquely affect Tribal communities, much less impose
substantial compliance costs on Native American Tribal governments or
mandate Tribal action. For these reasons, PHMSA has concluded that the
funding and consultation requirements of E.O. 13175 and DOT Order
5301.1A do not apply.
J. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and its
implementing regulations at 5 CFR 1320.8(d) requires that PHMSA provide
interested members of the public and affected agencies with an
opportunity to comment on information collection and recordkeeping
requests.
PHMSA has analyzed this NPRM in accordance with the Paperwork
Reduction Act. PHMSA proposes to revise the approved information
collections under the following OMB Control Numbers: OMB Control No.
2137-0559, ``Rail Carrier and Tank Car Tanks Requirements, Rail Tank
Car Tanks--Transportation of Hazardous Materials by Rail.''
This NPRM proposes to remove Sec. 174.20(b), which requires
reporting to the AAR BOE regarding any restrictions over any portion of
its lines. PHMSA currently accounts for 34 offerors submitting 1.5
reports a year. Each report takes 20 minutes resulting in a reduction
of 17 hours of annual burden.
PHMSA specifically requests comments on the information collection
and recordkeeping burdens associated with developing, implementing, and
maintaining these requirements for approval under this NPRM. Address
written comments to the Dockets Unit as identified in the ADDRESSES
section of this NPRM. PHMSA must receive comments regarding information
collection burdens prior to the close of the comment period identified
in the DATES section of this NPRM. Notwithstanding any other provision
of law, no person is required to respond to a collection of information
unless such collection displays a valid OMB control number.
Please direct your requests for a copy of this information
collection to Steven Andrews, Office of Hazardous Materials Standards
(PHH-12), Pipeline and Hazardous Materials Safety Administration, 1200
New Jersey Avenue SE, 2nd Floor, Washington, DC 20590-0001.
[[Page 28559]]
K. Executive Order 13609 and International Trade Analysis
E.O. 13609 (``Promoting International Regulatory Cooperation'')
\12\ requires agencies consider whether the impacts associated with
significant variations between domestic and international regulatory
approaches are unnecessary or may impair the ability of American
business to export and compete internationally. In meeting shared
challenges involving health, safety, labor, security, environmental,
and other issues, international regulatory cooperation can identify
approaches that are at least as protective as those that are or would
be adopted in the absence of such cooperation. International regulatory
cooperation can also reduce, eliminate, or prevent unnecessary
differences in regulatory requirements.
---------------------------------------------------------------------------
\12\ 77 FR 26413 (May 4, 2012).
---------------------------------------------------------------------------
Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465),
prohibits Federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. For purposes of these requirements,
Federal agencies may participate in the establishment of international
standards, so long as the standards have a legitimate domestic
objective, such as providing for safety, and do not operate to exclude
imports that meet this objective. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards.
PHMSA engages with international standards setting bodies to
protect the safety of the American public. PHMSA has assessed the
effects of the proposed rule and has determined that its regulatory
amendments would not cause unnecessary obstacles to foreign trade.
L. Cybersecurity and Executive Order 14028
E.O. 14028 (``Improving the Nation's Cybersecurity'') \13\ directed
the Federal government to improve its efforts to identify, deter, and
respond to ``persistent and increasingly sophisticated malicious cyber
campaigns.'' PHMSA has considered the effects of the proposed rule and
has determined that its regulatory amendments would not materially
affect the cybersecurity risk profile for affected entities.
---------------------------------------------------------------------------
\13\ 86 FR 26633 (May 17, 2021).
---------------------------------------------------------------------------
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 174
Hazardous materials transportation, Incorporation by reference,
Radioactive materials, Railroad safety.
In consideration of the foregoing, PHMSA proposes to amend 49 CFR
chapter I as follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
1. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section
4; Pub. L. 104-134, section 31001; Pub. L. 114-74 section 701 (28
U.S.C. 2461 note); 49 CFR 1.81 and 1.97.
0
2. In Sec. 171.7, revise ``Table 1 to 49 CFR 171.7--Materials Not
Incorporated by Reference'' by revising the ``Bureau of Explosives''
entry in the table to read as follows:
Sec. 171.7 Reference material.
* * * * *
Table 1 to 49 CFR 171.7--Materials Not Incorporated by Reference
------------------------------------------------------------------------
Source and name of material 49 CFR reference
------------------------------------------------------------------------
* * * * * * *
Bureau of Explosives, Hazardous Materials Systems
(BOE), Association of American Railroads,
American Railroads Building, 50 F Street NW,
Washington, DC 20001:
Fetterley's Formula (The Determination of the 173.315
Relief Dimensions for Safety Valves on
Containers in which Liquefied gas is charged
and when the exterior surface of the
container is exposed to a temperature of
1,200 [deg]F.)...............................
* * * * * * *
------------------------------------------------------------------------
* * * * *
PART 174--CARRIAGE BY RAIL
0
3. The authority citation for part 174 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 33 U.S.C. 1321; 49 CFR 1.81 and
1.97.
Sec. 174.20 [AMENDED].
0
4. Remove and reserve Sec. 174.20:
* * * * *
0
5. In Sec. 174.55, revise paragraph (a) to read as follows:
Sec. 174.55 General requirements.
(a) Each package containing a hazardous material being transported
by rail in a freight container or transport vehicle must be loaded so
that it cannot fall or slide and must be safeguarded in such a manner
that other freight cannot fall onto or slide into it under conditions
normally incident to transportation. When this protection cannot be
provided by using other freight, it must be provided by blocking and
bracing.
* * * * *
0
6. In Sec. 174.67:
0
a. Revise paragraph (b)(3);
0
b. Revise paragraph (d); and
0
c. Remove and reserve paragraph (n).
To read as follows:
Sec. 174.67 Tank car unloading.
* * * * *
(b) * * *
(3) Interior type. All debris must be carefully removed from around
the cover before the yoke is unscrewed.
* * * * *
(d) When unloading through the bottom outlet of a car equipped with
an interior manhole type cover, and in each case where unloading is
done through the manhole (unless a special cover with a safety vent
opening and a tight connection for the discharge outlet is used), the
manhole must be protected against the entrance of sparks or other
sources of ignition of vapor.
* * * * *
(n) [Reserved].
* * * * *
[[Page 28560]]
0
7. In Sec. 174.101, revise paragraphs (o)(2) and (3) as follows:
Sec. 174.101 Loading Class 1 (explosive) materials.
* * * * *
(o) * * *
(2) Each truck body or trailer must be secured on the rail car so
that it will not permanently change position or show evidence of
failure or impending failure of the method of securing the truck body
or trailer under impact from each end of at least 13 km (8.1 miles) per
hour. Its efficiency must be determined by actual test, using dummy
loads equal in weight and general character to the material to be
shipped.
(3) Lading must be loaded, blocked, and braced within or on the
truck body or trailer so that the lading will not change position under
impact from each end of at least 13 km (8.1 miles) per hour.
* * * * *
0
8. In Sec. 174.112, revise paragraphs (b) and (c)(3) as follows:
Sec. 174.112 Loading Division 1.3 materials and Division 1.2
(explosive) materials (Also see Sec. 174.101).
* * * * *
(b) Except as provided in Sec. 174.101(b), (n), or (o), Division
1.3 materials and Division 1.2 (explosive) materials must be
transported in a closed car or container car which is in good
condition, and into which sparks cannot enter. The car does not require
the car certificates prescribed in Sec. 174.104(c) through (f). If the
doors are not tight, they must be stripped to prevent the entrance of
sparks. Wood floored cars must be equipped with spark shields (see
Sec. 174.104). Packages of Division 1.3 materials and Division 1.2
(explosive) materials must be blocked and braced to prevent their
shifting and possible damage due to shifting of other freight during
transportation.
(c) * * *
(3) Packages of Division 1.2 materials and Division 1.3 (explosive)
materials are blocked and braced within the truck body, trailer, or
container to prevent their shifting and possible damage due to shifting
of other freight during transportation (ends, sidewalls, or doors of
the truck body, trailer, or container may not be relied on to prevent
the shifting of heavy loads).
0
9. In Sec. 174.115, revise paragraphs (a) and (b)(3) as follows:
Sec. 174.115 Loading Division 1.4 (explosive) materials.
(a) Division 1.4 (explosive) materials may be loaded into any
closed car in good condition, or into any container car in good
condition. Car certificates are not required. Packages of Division 1.4
(explosive) materials must be blocked and braced to prevent their
shifting and possible damage due to shifting of other freight during
transportation.
(b) * * *
(3) Packages of Division 1.4 (explosive) materials are blocked and
braced within the truck body, trailer, or container to prevent their
shifting and possible damage due to shifting of other freight during
transportation. Ends, side walls, or doors of the truck body, trailer,
or container may not be relied on to prevent shifting of heavy loads.
0
10. In Sec. 174.290, revise paragraph (e) to read as follows:
Sec. 174.290 Materials extremely poisonous by inhalation shipped by,
for, or to the Department of Defense.
* * * * *
(e) Bombs, projectiles, and cannon ammunition being transported by
rail must be loaded, blocked, and braced as shown in Department of
Defense specifications. When a shipment is loaded in a gondola car it
must be securely blocked and braced and not loaded higher than the
sides of the car.
* * * * *
Issued in Washington, DC, on June 26, 2025, under the authority
delegated in 49 CFR 1.97.
Benjamin D. Kochman,
Acting Administrator.
[FR Doc. 2025-12098 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-60-P