LeakingA packagesleaking othernon-bulk thanpackage tank cars may not be forwarded until repaired, reconditioned, or overpacked in accordance with § 173.3 of this subchapter. Except as otherwise provided in this section, a tankbulk carpackaging that no longer conforms to this subchapter may not be forwarded by rail unless repaired or approved for movement by the Associate Administrator for Safety, Federal Railroad Administration, or for cross-border movements to or from Canada, moved in accordance with the TDG Regulations (see § 171.12) Notificationor a Temporary Certificate issued by the Competent Authority of Canada, as applicable. For FRA Approval, notification and approval must be furnished in writing, or through telephonic or electronic means, with subsequent written confirmation provided within two weeks. For the applicable address and telephone number, see part§ 107,.117(d)(4) subpart B, Appendix A, of this chapter. A leaking tankbulk carpackage containing a hazardous material may be moved without repair or approval only so far as necessary to reduce or to eliminate an immediate threat ofor harm to human health or to the environment when it is determined its movement would provide greater safety than allowing the carpackage to remain in place. In the case of a liquid leak, measures must be taken to prevent the spread of the liquid.
[Amdt.85 174-83, 61 FR 2867727897, JuneMay 511, 19962020]