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seded by the regulations in this part; of R.S. 4472, as amended, or any reguexcept nothing in this provision shall be lations made in pursuance thereof, the construed as affecting the transportation person or persons who shall have knowof inflammable or combustible liquids in ingly violated or caused to be violated bulk under the provisions of section such provisions or regulations shall be 4417a of the Revised Statutes, as fined not more than $10,000 or imprisamended (46 U. S. C. 391a).

oned not more than 10 years, or both. $ 146.01-10 Supersedes existing regula- (CGFR 63–19, 28 FR. 6379, May 80, 1063) tions.

Subpart 146.02-General Regulations General rules and regulations in existence on the effective date of the regu

& 146.02-1 Scope of regulations. lations in this part (Apr. 9, 1941) re- (a) The regulations in this part define garding the transportation, packing or explosives or other dangerous articles or stowage, as cargo, on board passenger substances, and combustible liquids for vessels of hay, straw, baled cotton, baled purposes of safety in transportation or hemp, or other inflammable material, storage on board vessels; and refined petroleum having a fash- (b) Set forth the requirements that point of not less than 110° F., lubricating shall be observed in the preparation and oils, kerosene or other illuminating oils packing of explosives or other dangerous as promulgated by the Board of Super- articles or substances, and combustible vising Inspectors of the Bureau of Marine liquids for shipment or storage on board Inspection and Navigation are super- vessels; seded by the regulations in this part. (c) Set forth the descriptive name, $ 146.01-11 Other requirements under

shipping name, requirements relative to title 52 of the Revised Statutes.

certification, containers, marking, labelNothing contained in the regulations

ing, Information required on bills of ladin this subchapter shall be construed as

ing or other shipping papers, manifests

or cargo stowage plans; relieving any vessel subject to the provisions of the regulations in this part

(d) Set forth the provisions under from any other of the requirements of

which permitted explosives or other

dangerous articles or substances, and title 52 (secs. 4399 to 4500, inclusive) of

combustible liquids within the scope of the Revised Statutes of acts amendatory

the definitions given herein, may be acor supplementary thereto and regula

cepted, handled, stored, stowed, or transtions thereunder applicable to such ves

ported on board vessels, and with respect sel, which are not inconsistent herewith.

to rejection and report of faulty con& 146.01-12 Local regulations.

tainers and the disposition of any exNothing in the regulations in this sub- plosives or other dangerous articles or chapter shall be construed as preventing

substances, and combustible liquids the enforcement of reasonable local reg

found to be in an unsafe condition when ulations, now in effect or hereafter

on board a vessel; adopted, when such regulations are not

(e) Establish such other requirements Inconsistent or in coniict with the pro

as may be necessary to make effective visions of the regulations in this part.

the purposes of R, S. 4472, as amended. Penalties. $ 146.01-13

(Order 74, 6 PR. 256, Jan. 11, 1941) (a) Whoever shall knowingly violate

§ 146.02--2 Application to vessels. any of the provisions of R.S. 4472, as The regulations in this subchapter ap'amended, or any of the regulations es- ply to all vessels, domestic or foreign, tablished thereunder shall be subject to regardless of character, tonnage, size, a penalty of not more than $2,000 for service and whether self-propelled or not, each violation. In the case of any such whether arriving or departing, or under violation on the part of the owner, way, moored, anchored, aground, or charterer, agent, master, or person in while in drydock to the extent and in the charge of the vessel, such vessel shall be manner indicated herein. liable for the penalty and may be seized (a) The regulations in this part shall and proceeded against by way of libel in not apply to any public vessel which is the district court of the United States in not engaged in commercial service. any district in which such vessel may be (b) The regulations of this part shall found.

not apply to any vessel subject to the (b) When the death or bodily injury provisions of R.S. 4417a, as amended, of any person results from the violation which is constructed or converted for the

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principal purpose of carrying infiammable or combustible liquid cargo in bulk in its own tanks, except such vessel shall be subject to the provisions of R.S. 4472, as amended, with respect to explosives prohibited to be transported, stored, or stowed on board any vessel.

(c) Regulations with respect to exploislves prohibited by subsection 3, of R.S. 4472, as amended, apply to all vessels.

(d) Regulations with respect to the transportation, storage, or stowage of high explosives on board passenger vessels apply to all vessels defined as "Passenger Vessels" in g 146.03-36.

(e) Regulations with respect to the transportation, storage or stowage of high explosives on board vessels, other than passenger-carrying vessels, apply to all vessels defined as “Barges" or "Cargo Vessels" in § 146.03-36.

(f) Regulations with respect to the transportation, storage or stowage of explosives (other than high explosives) or other dangerous articles or substances apply to all vessels, except vessels specifically exempted from such regulations by the provisions of R.S. 4472, as amended, or vessels that are, or may be, specifically exempted by the regulations in this part. Vessels specifically exempted by R.S. 4472, as amended, are:

(1) Vessels not exceeding fifteen (15) gross tons when not engaged in carrying passengers for hire;

(2) Vessels used exclusively for pleasure;

(3) Vessels, not exceeding five hundred (500) gross tons while engaged in the fisheries;

(4) Tugs or towing vessels, except as to fire prevention and extinguishing requirements provided for by subsection 6 (b) (4) of R.S. 4472, as amended;

(5) Cable vessels, dredges, elevator vessels, fireboats, ice-breakers, pile drivers, pilot boats, welding vessels, salvage and wrecking vessels.

(g) Inflammable or combustible liquid cargo in bulk is also exempt from the regulations in this part: Provided, however, That the handling and stowage of such liquid cargo in bulk, on board vessels to which the regulations in this part may apply, shall be subjected to the provisions of section 4417a of the Revised Statutes, as amended.

(h) Regulations with respect to the transportation, storage, or stowage of combustible liquids packed in barrels, drums, or other packages apply only to passenger vessels.

(i) In addition to complying with the requirements of this part, foreign vessels of novel design or construction or whose operation involves potentially unusual risks shall be subject to inspection to the extent necessary to safeguard life and property in U.S. ports. For details concerning inspection, see $ $ 2.01-13, 30.01-5, 70.05-3, 90.05-1, and 151.01-10 of this chapter.

(j) Unmanned tank barges carrying in bulk any of the cargoes enumerated in Table 151.01-10(b) of this chapter shall be subject to the provisions of Subchapter o of this chapter. The regulations of this part shall not apply to any barge subject to the provisions of Subchapter o of this chapter and carrying any cargo listed in Table 151.01-10(b) of this chapter, except such vessel shall be subject to the provisions of R.S. 4472, as amended (46 U.S.C. 170), with respect to explosives prohibited to be transported, stored, or stowed on board any vessel. [Order 74, 6 F.R. 256, Jan. 11, 1941, as amend. ed, CGFR 70–10, 35 F.R. 3712, Feb. 25, 1970) $ 146.02–3 Application to shippers.

Regulations with respect to definitions, descriptive name, shipping name, packing, marking, authorized containers, labeling and certification of shipments of explosives or other dangerous articles or substances, and combustible liquids, apply to all shippers offering such articles or substances for transportation or storage on board vessels to which the regulations in this part apply. (Order 74, 6 F.R. 256, Jan. 11, 1941, as amended, CGFR 47-35, 12 FR. 4184, June 27, 1947) $ 146.02-4 Application to others.

The provisions of the regulations in this part, insofar as applicable to thern respectively, are binding upon owners, charterers, agents, masters, or persons in charge of vessels subject to the regulations in this part and upon all other persons transporting, carrying, conveying, handling, storing or stowing on board such vessels any explosives or other dangerous articles or substances, and combustible liquids. [Order 74, 6 F.R. 256. Jan. 11, 1941, as amend. ed, CGFR 47-35, 12 FR. 4184, June 27, 1947) $ 146.02-5 Cornpliance.

The applicable provisions of the regulations in this part shall be observed by:

(a) All vessels, domestic or foreign, subject to the regulations in this part, and the owners, charterers, agents, masters or persons in charge of such vessels;

(b) Railway or highway carriers and visions of the Dangerous Cargo Act (R.S. their operators, owners, agents or rep- 4472, as amended, 46 U.S.C. 170) and the resentatives when vehicles operated by regulations in this subchapter with resuch carriers and loaded with explosives spect to: or other dangerous articles or sub- (1) Inspection of vessels for suitability stances, and combustible liquids are of- for loading dangerous cargo; fered for transportation or enter on board (2) Examination of stowage of dan& vessel;

gerous cargo; (c) All shippers, their agents or other (3) Making recommendations as to persons offering explosives or other dan. stowage requirements of dangerous cargerous articles or substances, and com

go; and bustible liquids for transportation on (4) Issuance of certificates of loading board vessels;

setting forth that the stowage of danger(d) All persons engaged in the accept- ous cargo is in accordance with the regance, handling, stowage, storage or trans- ulations in this subchapter. portation of explosives or other danger- (b) Certificates of loading of the N&ous articles or substances, and combus- tional Cargo Bureau, Inc., may be actible liquids on board vessels;

cepted

as

prima facie evidence of (e) All shippers or carriers of explo- compliance with the Dangerous Cargo sives or other dangerous articles or sub- Act (R.8. 4472, as amended, 46 U.S.C. stances, and combustible liquids shall 170) and the regulations in this subInstruct their employees relative to the chapter. provisions of the regulations in this part. (CGPR 52-60, 17 FR. 9183, Oct. 17, 1982) (Order 74, 6 F.R. 266, Jan. 11, 1941, as amended, CGFR 47-35, 12 PR. 4184, June 27, 1947]

§ 146.02-7 Military or naval forces. $ 146.02-6 Enforcement.

The provisions of the regulations in

this part shall not be construed to prevent (a) The provisions of R.S. 4472, as

the transportation of military or naval amended, and the regulations in this

forces with their accompanying muntsubchapter shall be enforced by the U.S.

tions of war and stores. Coast Guard of the Department of

Order 74. 6 P.R. 257, Jan. 11, 1941) Transportation. Enforcement oficers may at any time and at any place within

§ 146.02-8 U.S. Government shipments. the jurisdiction of the United States (a) Shipments of explosives or other board any vessel for the purpose of en- dangerous articies or substances offered forcing the provisions of the regulations by or consigned to the Departments of In this subchapter.

the Army. Navy, or Air Force of the (b) Any collector of customs may, United States Government shall be when possessing knowledge that a vessel packed, including limitations of weight, is violating any provisions of the statute in accordance with the Interstate Comor regulations established thereunder, merce Commission regulations for the by written order served on the master, transportation of explosives or other person in charge of such vessel, or the dangerous articles in effect at the time of owner or charterer thereof, or the agent shipment, or in containers of equal or of the owner or charterer, detain such greater strength and efficiency as revessel until such time as the provisions quired by the regulations of these Deof the statute and the regulations in partments. this subchapter have been complied (b) Shipments of radioactive matewith. The master, person in charge or rials, made by the Atomic Energy Comowner or charterer or the agent of the mission, or under its direction or superowner or charterer of a vessel so de- vision, which are escorted by personnel tained may, within 5 days, appeal to specially designated by the Atomic the Commandant of the Coast Guard Energy Commission, are exempt from who may, after investigation, affirm, the regulations in this part. set aside, or modify the order of the (CGFR 62–8, 17 FR. 6481, July 17, 1952) collector

$ 146.02-9 Canadian shipments. (CGFR 47-35, 12 F.R. 4184, June 27, 1947)

Shipments of explosives (except com§ 146.02-64 Assignment and certifica

mercial Class A explosives) or other tion.

dangerous articles or combustible liquids (a) The National Cargo Bureau, Inc., as defined in this subchapter, which are is authorized to assist the United States packed, marked, and labeled in conformCoast Guard in administering the pro- ity with the regulations of the Canadian

Transport Commission may be accepted formity with the Department of Transand transported on board vessels within portation requirements for the transporthe navigable waters of the United tation of explosives or other dangerous States: Provided, That their acceptance articles in effect at the time of shipment. and stowage on board the vessel is in (b) Import shipments of explosives or accordance with the regulations in this other dangerous articles (except compart for the substances involved: And mercial Class A explosives and radioacprovided further, That the bill of lading tive materials) destined upon arrival at or other shipping paper carries the certi- domestic ports for further transportafying statement of the shipper that the tion outside the port area in original goods are packed, marked, and labeled packaging, by common, contract, or priin accordance with the regulation of the vate carrier must comply with the DeCanadian Transport Commission.

partment of Transportation regulations (CGFR 68–142, 34 F.R. 2084, Feb. 12, 1969) for the transportation of explosives or $ 146.02-10 Export shipments.

other dangerous articles in effect at the

time of shipment. The importer shall (a) Export shipments of commercial furnish with the order to the foreign Class A explosives and radioactive ma- shipper, and also to the forwarding agent terials regardless of whether in interstate at the port of entry, full and complete transportation prior to delivery to the information as to packaging, marking, vessel, shall be packed, marked, labeled, labeling, and other requirements as preor otherwise in conformity with the De- scribed by the Department of Transporpartment of Transportation require. tation regulations (see § 146.05-14). ments for the transportation of explosives (c) Import shipments of explosives or or other dangerous articles in effect at other dangerous articles or combustible the time of shipment.

liquids (except commercial Class A ex(b) Export shipments of explosives or plosives and radioactive materials) acother dangerous articles or combustible cepted for transportation in a foreign liquids (except commercial Class A ex- port in outside metal or wooden barrels plosives and radioactive materials) may or drums not exceeding 110 gallons cabe accepted for transportation when

pacity, wooden boxes not exceeding 300 packed, marked, labeled, and described pounds weight of box and contents, or In accordance with the regulations of the fiberboard boxes not exceeding 65 pounds country of destination. If the regulations weight of box and contents, which upon of the foreign country are used, the bill arrival at domestic ports are

not of lading or other shipping paper shall destined for transportation outside the identify such shipments by the shipping port area in their original import packname shown in the regulations in this aging by common, contract, or private part for the particular substance, and carrier may be carried on board vessels also shall certify that the packing, mark- provided the shipper certified upon the ing, and labeling is in accordance with bill of lading or other shipping paper the foreign regulations and identify by that the packaging, marking, and labeltitle or otherwise such foreign regula- ing are in conformity with the regulations. Markings on export packages may tions of the country of origin. If the be in the language of the country of desti- country of origin has no regulations nation. Labels shall be affixed or printed governing the transportation by vessel or stamped upon such export packages

of the explosives and dangerous subwhen offered for transportation in lots

stances involved packages of the type deof one hundred (100) or less packages.

scribed above in this paragraph may be Stowage on board & vessel shall be in accordance with the regulations in this

carried on board vessels: Provided, That part as applicable to the particular char

the shipper shall certify that the conacter of vessel.

tainer is so constructed as to maintain (CGFR 18–142, 84 F.R. 2084, Feb. 12, 1980)

its complete integrity under all condi

tions likely to be encountered in trans8 146.02-11 Import shipments.

portation. The master of the vessel, (a) Import shipments of commercial before accepting such import shipClass A explosives and radioactive mate- ments, shall satisfy himself that the rials regardless of whether destined upon packaging is suficiently strong to stand, arrival at domestic ports for further without rupture or leakage of contents, transportation or not shall be packaged, all risks ordinarily incident to transpormarked, labeled, or otherwise in con- tation. Stowage of import shipments on

board vessels shall be in accordance with the provisions of the regulations in this part.

(d) Shipments of explosives or other dangerous articles or combustible liquids (except commercial Class A explosives and radioactive materials) accepted for transportation in a foreign port which upon arrival at domestic ports are destined for transshipment on vessels subject to the regulations of this part, may be accepted on such vessels provided the bill of lading or other shipping paper identifies the shipment by the shipping name shown in the regulations in this part for the particular substance and provided further that the dangerous cargo is certified to be described as above and to be packaged, marked and labeled in accordance with the regulations in this part or the regulations of the country of origin of the cargo (provided such regulations are compatible with minimum safety requirements of the regulations in this part). The connecting carrier, before accepting such transshipments, shall satisfy himself that the provisions of this paragraph are complied with. The master of the vessel shall satisfy himself that the packaging is suficiently strong to withstand, without rupture or leakage of contents, all risks incident to transportation. Stowage on board vessels shall be accordance with the provisions of the regulations in this part. (CGFR 68-142, 34 F.R. 2085, Feb, 12, 1969] $ 146.02-12 Inspection of cargo.

(a) On all vessels, other than barges and magazine vessels storing explosives, an inspection of cargoes of explosives or other dangerous articles or substances shall be ordered by the master of the vessel during a voyage to insure that such cargo is carried with safety and that no damage caused by shifting cargo, spontaneous heating, leaking or sifting of containers or from other causes has been sustained since loading and stowage. On such vessels that have dangerous cargo stowed on board for a period exceeding twenty-four (24) hours temperature readings shall be taken at proper intervals and such temperatures recorded and retained for one year as a record for each voyage. When any cargo is discovered to be in a dangerous condition from leakage, sifting, heating, wetting or other causes, such condition shall be corrected in such manner as the judg

ment of the master may dictate. All unusual circumstances observed during inspection of dangerous cargo and any action taken as a result thereof shall be a subject for log entry.

(b) on all barges an Inspection of the cargo shall be made by the person responsible to the owner, charterer or agent who is in charge of loading and stowing the cargo on board the barge after the stowage has been completed to insure that such stowage has been properly accomplished and that there are no visible signs of damage to any of the containers or apparent evidence of heating, leaking or sifting of containers or escape of any of the contents of the containers.

(c) On all magazine vessels storing explosives an inspection of the cargo shall be made by the person in charge of the magazine vessel after the stowage has been completed to insure that such stowage has been properly accomplished and that there are no visible signs of damage to any of the containers or apparent evidence of heating, leaking or sifting of containers or escape of any of the contents of the containers.

(d) When inspecting cargoes of dangerous articles capable of evolving infiammable vapors as required in paragraphs (a), (b) and (c) of this section any artificial means of illumination shall be of a vapor proof type. [Order 74, 6 F.R. 267, Jan. 11, 1941, es amended by CGFR 58–9, 23 F.R. 4839, June 28, 1968; CGFR 69-72, 34 F.R. 17485, Oct. 29, 1969) $ 146.02-13 Report fires.

(a) The master of any ocean-going inspection immediately prior to entering vessel having on board explosives or other dangerous articles or substances as cargo and about to enter a port of the United States shall make or cause to be made an such port. If the inspection discloses the presence of Ore or any other hazardous condition, such condition shall immediately be reported to the District Commander of the United States Coast Guard or his authorized representative having supervision over the port or place to which the vessel is bound and the master or person in charge of such vessel shall comply with the instructions given by the District Commander or his authorized representative as to the procedure to be followed in entering the port or place.

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