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of billing, showing proper label notation and indorsement prescribed by $ 83.17. When necessary to replace a label, and doubt exists as to the kind, the red label should be used.
(d) Packages of other than explosives defective in transit; precautions. (1) Whenever packages of corrosive liquids are discovered in transit in leaking condition, examination must be made of the lading, and if practicable, any broken or leaking packages of nitric acid or mixed acid should be removed promptly to prevent fire. Any acid or other corrosive liquid remaining on the deck or on surrounding packages should be washed away with a plentiful supply of water. Care should be exercised to prevent inhalation of gases liberated through the application of water. When acid or other
corrosive liquid is spilled on the person the liquid should be washed off immediately with a liberal supply of water.
(2) Compartments or holds that have contained arsenic, arsenate of lead, sodium arsenate, calcium arsenate, Paris green, calcium cyanide, potassium cyanide, sodium cyanide, or other poisonous article, which show evidence of leakage from packages, must be thoroughly cleaned after unloading.
(e) Leaking packages, handling. Leaking packages should be removed from any inclosed portion of the vessel and either placed on deck or removed entirely from the vessel.
(f) Defective packages of other than explosives forwarded if safe; report. Unless they are leaking or in a manifestly inseeure condition, packages of dangerous articles other than explosives in transit must be forwarded to destination, and report must be made of any violations observed. Leaking packages must not be_forwarded. (See reports required by $ 83.6 (a)-(c).)** [Pars. W72– W77]
83.61 Defective packages offered for transportation. (a) Packages known to contain explosives or other dangerous articles (see list, 8 83.0 (b)), and not properly packed, described, marked, labeled, and certified, must not be accepted by the originating carrier until the regulations in Parts 72-82 are complied with. Compliance therewith must be verified by a careful inspection of the shipping order or other shipping paper, and of such packages, with special view to the discovery and rejection of leaking or insecure packages.
(b) Broken or seriously damaged packages of explosives must not be accepted for transportation by water unless repacked in new and unbroken containers. Repacking must not be done on or near any vessel, barge, lighter, or scow having explosives on board.
(c) Any explosive that has escaped from a broken or otherwise defective package shall be immediately swept up and removed to a safe place.*+ [Par. W78]
83.62 Laws and regulations relating to navigation. Vessels carrying explosives or other dangerous articles, for the transportation of which we have prescribed regulations, are subject to all laws and regulations relating to navigation, including regulations prescribed by the Secretary of War defining anchorage limits, the display of signals, and other regulations prescribed under applicable statutes.*+ [Par. W79]
**For statutory and source citations, see note to $ 83.1.
Page 213 34 For vehicular-tunnel restrictions adopted by the Port of New York Authority, see note following $ 85.165.
CROSS REFERENCE: For regulations relating to navigation, see 33 CFR Chapters I-V. For regulations relating to shipping, see 46 CFR Chapters I, II.
PART 85—MOTOR TRUCK OR OTHER VEHICLE: TRANSPORTATION OF EXPLOSIVES AND OTHER DANGEROUS ARTICLES
Sec. 85.1 Purpose of regulations.
85.55 Trailers and semitrailers for ex. 85.2 Penalties for violations.
plosives. 85.3 Application of regulations. 85.70 Loading of dangerous articles 85.10 Report of violations and acci
other than explosives. dents.
85.71 Inflammable liquids. 85.11 Leaking, damaged, and con- 85.72 Inflammable liquids in containdemned explosives shipments
ers other than tanks. refused.
85.73 Inflammable liquids in bulk in 85.12 Reused containers.
tanks. 85.13 Empty containers other than 85.74 Tank vehicles for inflammable tanks.
liquids. 85.20 Marking containers other than 85.75 Fuel system for tank trucks tanks.
and tank semitrailers carrying 85.21 Bill of lading or other shipping
inflammable liquids. paper.
85.76 Trailer and semitrailer tanks for 85.22 Shipping paper with vehicle.
inflammable liquids. 85.23 Labels on packages containing 85.77 Marking on tank vehicles for inother than explosives.
flammable liquids. 85.30 Examination by carrier of ship. 85.90 Inflammable solids and oxidizing ping papers, and packages.
materials in containers other 85.31 Equipment of motor trucks and
than tanks. other vehicles.
85.100 Corrosive liquids in containers 85.32 Vehicles in condition.
other than tanks. $5.33 Fire extinguishers; inspection of 85.101 Corrosive liquids in bulk in vehicles.
tanks. 85.34 Operation of motor trucks and S5.102 Tank vehicles for corrosive other vehicles.
Liquids in bulk, construction. 85.50 Explosives.
85.103 Marking on vehicles for. corro85.51 Dangerous explosives.
sive liquids. 85.52 Dangerous and less dangerous 85.110 Compressed gases in containers explosives.
other than tanks. 85.53 Relatively safe explosives. 85.120 Poisons in containers other than 85.54 Damaged explosives packages in
85.130 Accidents and wrecks.
Regulations relating to contracts for transportation of property by motor carriers : See Part 173.
Section 85.1 Purpose of regulations.34 The following regulations are prescribed to minimize the dangers to life and property incident to the necessary transportation on public highways of explosives and other dangerous articles, by motor trucks or other vehicles of common carriers engaged in interstate or foreign commerce. It is the duty of each such carrier, and of each shipper of such articles via such carriers, to make the regulations in Parts 72–85 effective and to fully instruct their employees in relation thereto. The transportation of dangerous explosives on public highways by motor truck or other vehicle presents hazards to the public which are peculiar to this service and should be avoided by every practicable means.
**For statutory and source citations, see note to 8 83.1. **For statutory and source citations, see note to $ 85.1.
The regulations herein are general in character, and are minimum requirements. The different States, cities, or other proper authorities may therefore attach additional requirements that are not inconsistent with the regulations herein published.** [Par. T1]
*88 85.1 to 85.130, inclusive, issued under the authority contained in secs. 232–236, 41 Stat. 1444, 1445; 18 U.S.C. 382-386.
*The source of $$ 85.1 to 85.130, inclusive, is Part VI, Regulations for the transportation of explosives and other dangerous articles on public highways by motor truck or other vehicles, Interstate Commerce Commission, Nov. 6, 1934, effective Mar. 1, 1935.
85.2 Penalties for violations. (a) Section 235 of the Act of March 4, 1921 (41 Stat. 1445; U.S.C. 385), requires the shipper of any explosive or other dangerous article to describe, pack, and mark his package properly, and to inform the agent of the carrier of the true character of its contents. Heavy penalties are provided for the shipper who knowingly delivers or causes to be delivered for transportation any explosive or other dangerous article without complying with the law or these requirements, as well as for the carrier who knowingly accepts and transports them.
(b) Sections 232 and 234 of the Act (41 Stat. 1444, 1445; 18 U.S.C. 382, 384) prohibit the transportation of certain explosives on vehicles carrying passengers. The transportation of any explosive not prohibited by the Act, or the transportation of any dangerous article other than an explosive, on any public highway by any vehicle carrying passengers, is not authorized by the regulations in Parts 72-85 except where there is no other available or practicable means of transportation; and no person may ship or carry, nor any common carrier accept for transportation or transport, any explosive or other dangerous article on any motor truck or other vehicle before written notice of the true character of the article is given the carrier.** [Pars. T2, T3]
85.3 Application of regulations. Explosives and other dangerous articles, except such as are forbidden, when delivered for transportation to any common carrier engaged in interstate or foreign commerce by motor truck or other vehicle, must be defined, packed, marked, labeled, and described as provided for in the regulations for freight, express, or baggage service by rail.85 The method of manufacture and packing of the articles, insofar as they affect safety in transportation by motor truck or other vehicle, must be 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, 74–82, and this part must not be delivered for transportation or transported.*+ [Par. T4]
Regulations for the transportation by rail of explosives and other dangerous articles in freight, express, and baggage services, including specifications for shipping containers, effective Oct. 1, 1930, and supplements thereto and reissues thereof (Parts 72, 80–82), to which this part is an addition.
Page 1215 Page 1216
85.10 Report of violations and accidents. (a) Serious violations of the regulations in Parts 72–85, such as defective packing, and accidents, fires, or explosions, or leaking or broken packages, occurring in connection with the transportation or storage on carrier's property of any explosive or other dangerous article, must be reported promptly by the carrier to the Bureau of Explosives, 30 Vesey Street, New York City.
Consignees must report promptly to the Bureau of Explosives all instances of broken, leaking, or defective containers of any explosive or other dangerous article in shipments received by them.
(c) The Bureau of Explosives, upon receipt of report from any carrier or consignee, should promptly report to the shipper full particulars covering all defective packing, leaking, and/or broken shipping containers, and rough treatment resulting in leakage or damage to shipping containers.*1 [Pars. T10-T12]
85.11 Leaking, damaged, and condemned explosives shipments refused. Any leaking or damaged package of explosive. or any explosive condemned by the Bureau of Explosives as unsafe for transportation, must not be delivered for transportation except for the minimum distance necessary to reach a place where the explosive may be disposed of with safety. Should any package of high explosive when offered for shipment show excessive dampness, or be moldy, or show outward signs of any oily stain or other indication that absorption of the liquid part of the explosive is not perfect, or that the amount of the liquid part is greater than the absorbent can carry, the package must be refused in every instance. The shipper must substantiate any claim that a stain is due to accidental contact with grease, oil, or similar substance. In case of doubt, the package must be rejected.** [Par. T13]
85.12 Reused containers. (a) (1) Containers used more than once (refilled and reshipped after having been emptied) must be in such condition, including closing devices and cushioning materials, that they will protect their contents during transportation as efficiently as new containers. Repairs must be made in an efficient manner and parts that are weak, broken, or otherwise deteriorated must be replaced.
(2) Markings prescribed by the shipping container specifications must be applied and maintained in legible condition.
(b) (1) Containers, not forbidden for reuse, which have been used for the shipment of any explosive or other dangerous article, must have old marks of contents, addresses, and labels, if any, thoroughly removed or obliterated before being used for the shipment of any other article.
(2) Any box used to transport any high explosive containing any liquid explosive ingredient must not be used for another shipment of any character.
(3) Any keg used for any chlorate must not be used for another shipment of any character.
(4) Any metal keg used for black powder, not contained in an interior package, must not be used for another shipment of any explosive.** [Pars. T14, T15]
**For statutory and source citations, see note to 8 85.1. **For statutory and source citations, see note to $ 85.1.
85.13 Empty containers other than tanks. (a) (1) Empty cylinders, barrels, kegs, or drums, previously used for the shipment of any inflammable, poisonous, or corrosive gas, or liquid, must have their filling and vent holes properly closed when presented to any carrier for
transportation. (2) Carboys previously used for the shipment of corrosive liquids must have been thoroughly (completely) drained before being presented to any carrier for transportation as "empty" carboys. [As amended, Aug. 27, 1936, 1 F.R. 1368]
(b) Containers shipped as "empty” must have the old labels prescribed by the regulations removed, obliterated, destroyed, or completely covered by a square white label measuring not less than 4 inches on each side, and bearing thereon the word "Empty" in letters not less than 1 inch high.*+ [Pars. T16, T17]
85.20 Marking containers other than tanks. (a) Each outside shipping container of any explosive or other dangerous article subject to the regulations in Parts 72–82, and this part, except as noted below, must be plainly marked with name of contents corresponding to the name shown on the shipping order or any other shipping paper, and must also be marked with the name and address of the consignee; and, for any dangerous article other than an explosive, must also bear the required label or the “No Label Required” marking. (See 85.23.)
(b) For any truckload of any explosive or other dangerous article, not otherwise forbidden, which is moving from one consignor to one consignee, and is being transported from point of origin to destination without transfer, the consignee's name or address on packages is not required.
(c) For any less-than-truckload shipment of any dangerous explosive, not otherwise forbidden, which is moving from one consignor to one consignee, and is being transported from point of origin to destination without transfer, the consignee's name or address on packages is not required.
(d) Inside containers of 1 quart or more of any inflammable liquid or any quantity of any corrosive liquid must be packed with their filling holes up; and the top of the outside package must be plainly marked "This Side Up."*+ [Par. T20]
85.21 Bill of lading or other shipping paper-(a) Billing, description of article. The shipper of any explosive or other dangerous article must furnish a bill of lading or other form of shipping paper, and must describe the article thereon by the specific name used herein. (See lists in SS 80.48, 80.61, 80.66, 80.106 (b), 80.130 (c), 80.150 (b), 80.170 (b), 80.191.) Further description for purposes other than that of the regulations in Parts 72–85, and not inconsistent with the specific names in the sections above referred to, may be added.
(b) Shipper's certificate on billing. The bill of lading, or any other shipping paper, for any dangerous explosive, less dangerous explosive, blasting caps in any quantity, or any dangerous article other than an explosive, as shown in $$ 80.48, 80.61, 80.106 (b), 80.130 (c), 80.150 (b), 86.170 (b), 80.191, must also bear thereon,