49 C.F.R. § 174.204

Tank car delivery of gases, including cryogenic liquids

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(a) A tank car containing Class 2 (gases) material may not be unloaded unless it is consigned for delivery and unloaded on a private track (see § 171.8 of this subchapter). However, if a private track is not available, it may be delivered and unloaded on carrier tracks subject to the following conditions:

(1) A tank car of DOT-106A or 110A type (§ 179.300 or § 179.301 of this subchapter) may not be delivered and the loaded unit tanks may not be removed from the car frame on carrier tracks. However, a carrier may give permission for the unloading of these containers on carrier tracks only if a private siding is not available within a reasonable trucking distance of the final destination. In addition, before the car is accepted for transportation, the shipper must obtain from the delivering carrier and file with the originating carrier, written permission for the removal and the consignee must furnish an adequately strong mechanical hoist by which the tanks can be lifted from the car and deposited directly upon vehicles furnished by the consignee for immediate removal from carrier property.

(2) The following tank cars may not be delivered and unloaded on carrier tracks unless the lading is piped directly from the car to permanent storage tanks of sufficient capacity to receive the entire contents of the car; however, such cars may be stored on a private track (see § 171.8 of this subchapter) or on carrier tracks designated by the carrier for such storage:

(i) A tank car containing Division 2.1 (flammable gas) material that is a cryogenic liquid; or

(ii) A tank car, except for a DOT-106A or 110A multi-unit tank car tank (§ 179.300 or § 179.301 of this subchapter), containing anhydrous ammonia; hydrogen chloride, refrigerated liquid; hydrocarbon gas, liquefied; or liquefied petroleum gas; and having interior pipes for liquid and gas discharge valves equipped with check valves.

(b) [Reserved]

[Amdt. 174-26, 41 FR 16092, Apr. 15, 1976, as amended by Amdt. 174-26A, 41 FR 40685, Sept. 20, 1976; Amdt. 174-32, 43 FR 48644, Oct. 19, 1978; Amdt. 174-43, 48 FR 27699, June 16, 1983; 48 FR 50440, 50441, Nov. 1, 1983; Amdt. 174-68, 55 FR 52682, Dec. 21, 1990]

Notes of Decisions

Cited in 2 cases, 1986–1987 · leading case: Borough of Ridgefield v. New York Susquehanna & W. R.R., 810 F.2d 57 (3rd Cir. 1987).

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Borough of Ridgefield v. New York Susquehanna & W. R.R., 810 F.2d 57 (3rd Cir. 1987). “The Municipalities filed a complaint in district court on August 26, 1985, asserting inter alia that storing butane on the rail siding until it is transferred into tank trucks violates 49 C.”

Borough of Ridgefield v. New York Susquehanna & W. R.R., 632 F. Supp. 582 (D.N.J. 1986). · cites it 2× “Regulations governing its transportation and transhipment by tank car have been promulgated pursuant to the Act by the Secretary of Transportation, 49 C.F.R. § 174.204 (1985). Plaintiffs assert that storing the butane in the tank cars until it can be transferred violates 49 C.”

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