(b) In the event of wreck, fire, or other disaster involving radioactive materials other than low specific activity materials, or that part of a vessel where radioactive materials other than low specific activity materials are stowed, safety precautions shall be observed in accordance with the applicable regulations in Subpart 146.19 pertaining to the care following leakage or sifting of radioactive materials.

[CGFR 52-8, 17 F.R. 6461, July 17, 1952, as amended by CGFR 68-142, 34 F.R. 2085, Feb. 12, 1969]

§ 146.02-14 Damaged packages.

(a) Any outside container that is sufficiently damaged as to permit the escape of the contents therein, or shows marks of having leaked, or the securing means give evidence of failure to properly contain the package, shall not be accepted on board any vessel for transportation or stowage, nor shall such damaged containers be on board any vessel entering the navigable waters of the United States except in accordance with the provisions of § 146.02-15.

(b) Any damaged outside packaging as described in paragraph (a) of this section, except those containing radioactive materials other than low specific activity materials, may be accepted when restored or repaired to the satisfaction of the owner or master of the vessel. Special attention shall be given to packaging of substances that are required by the regulations of this part to be shipped "wet" to be certain that any escaped liquid is replaced before the restored packaging is accepted.

(c) Damaged, leaking, or insecure outside packaging in which radioactive materials other than low specific activity materials are packaged shall be handled in accordance with the safety precautions set forth in Subpart 146.19 pertaining to the care following leakage or sifting of radioactive materials.

(d) Damaged, leaking or insecure outside containers which it is not feasible to restore shall be refused and promptly reported by the owner or master of the vessel to the nearest District Commander of the United States Coast Guard or his authorized representative. This provision shall be complied with by all vessels to which the regulations in this part apply when upon the navigable waters of the United States.

(e) Containers of a particular type that frequently show damage, leakage or other failure shall also be reported to

the District Commander of the United States Coast Guard or his authorized representative for the district in which the cargo was laden. Such information as will assist in correcting faults of such containers should be included in this report.

[CGFR 52-8, 17 F.R. 6461, July 17, 1952, as amended by CGFR 68-142, 34 F.R. 2085, Feb. 12, 1969]

§ 146.02-15 Emergency shipments.

(a) In event of a casualty occurring to or on board a vessel involving explosives or other dangerous articles or substances on board the vessel as cargo, the master or person in charge of the vessel is authorized to adopt such procedure as will, in his judgment, provide a maximum safety to the vessel, its passengers and crew. When such a casualty results in damaged containers or the emergency use of unauthorized containers, such containers upon arrival at a port shall not be offered to any forwarding carrier for transportation. The vessel, owner, agent, charterer, master or other person in charge of the vessel shall report immediately to the nearest District Commander of the United States Coast Guard or his authorized representative and request instructions as to disposition of the damaged or unauthorized containers.

(b) Explosives or other dangerous articles or substances found on board a vessel in an unsafe condition may be disposed of by jettisoning or otherwise destroyed or rendered innocuous or may be continued in transportation to the nearest port whichever course may, in the judgment of the master or person in charge, provide maximum safety to the vessel, its passengers and crew. If such substance is brought into port, delivery shall not be made to the consignee or any forwarding carrier and a report shall immediately be made to the nearest District Commander of the United States Coast Guard or his authorized representative with a request for instructions as to disposition of the substance. A report shall likewise be made covering the disposition by jettisoning or otherwise of dangerous substances.

(c) Notwithstanding the provisions of paragraphs (a) and (b) of this section, when radioactive materials other than low specific activity materials are involved the safety precautions set forth in Subpart 146.19, pertaining to the care

following leakage or sifting of radioactive materials, shall be followed whenever practicable.

[CGFR 52-8, 17 F.R. 6462, July 17, 1952, as amended by CGFR 68-142, 34 F.R. 2085, Feb. 12, 1969]

§ 146.02-16 Shipments in violation.

(a) Shipments of explosives or other dangerous articles or substances found by a vessel's owner, agent, charterer, master, or person in charge to have been tendered or delivered for transportation on board a vessel under a false or deceptive descriptive name, marking, invoice, shipping paper or other declaration, or without the shipper furnishing information in writing of the true character thereof at or before the time of delivery, shall be refused transportation and the District Commander of the United States Coast Guard or his authorized representative, for the district in which such cargo was offered shall promptly be notified, in writing, of all the facts in connection with such violation.

(b) When any such shipments are found in transit the master of the vessel is authorized to adopt such procedure as will in his judgment provide maximum safety to the vessel, its passengers and crew. If brought into port, delivery shall not be made to the consignee or any forwarding carrier and a report shall immediately be made to the nearest District Commander of the United States Coast Guard or his authorized representative, with a request for instructions as to disposition of the shipment.

[CGFR 52-8, 17 FR. 6462, July 17, 1952] § 146.02-17 Handling and stowage of

cargo.

Explosives or other dangerous articles or substances as cargo shall be handled or stowed on board vessels under the direction and observation of a qualifiled person assigned for such duty. For vessels engaged in voyages coastwise, or on rivers, bays, sounds or lakes, including the Great Lakes when the voyage is not foreign-going, such person may be an employee of the vessel owner or charterer and so assigned by said owner or charterer or he may be a licensed officer attached to the vessel and assigned by the master of the vessel. For domestic vessels engaged in voyages foreign-going or intercoastal such persons shall be an officer possessing an unexpired license issued by the U.S. Coast Guard and as

signed to such duty by the owner, charterer, agent or master of the vessel. For foreign vessels such person shall be an officer of the vessel assigned to such duty by the master of the vessel.

[Order 74, 6 F.R. 258, Jan. 11, 1941, as amended, CGFR 47-35, 12 FR. 4184, June 27, 1947]

§ 146.02-18 Shipments via common carrier vessels.

(a) Regulations promulgated by the Department of Transportation under the title of "Explosives and Other Dangerous Articles" in effect at the time of shipment with respect to definitions, descriptions, descriptive names and classifications of explosives, flammable liquids, flammable solids, oxidizing materials, corrosive liquids, compressed gases, radioactive materials, and poisonous articles; and with respect to specifications of containers for such articles and with respect to the packaging, marking, labeling, and certification of such articles are adopted and form part of the regulations in this part and shall be complied with by all persons packing and preparing, and all shippers offering such articles for transportation by vessels that are common carriers: Provided, however, That the acceptance on board vessels of packages laden with such articles or bulk shipments of such articles shall comply with the provisions of the regulations in this part. Import or export shipments of such articles shall comply with the provisions of §§ 146.02-10 and 146.02-11.

(b) Shipments of combustible liquids or hazardous articles, when prepared, packed and offered for transportation by vessels that are common carrier vessels shall, with respect to definitions, descriptions, descriptive names and classifications, and with respect to containers for such articles or substances; and with respect to the packing, marking and certification of such articles or substances conform to the applicable provisions of the regulations contained in this part. Import or export shipments of such articles or substances shall comply with the provisions of §§ 146.02-10 and 146.02-11. [Order 74, 6 F.R. 258, Jan. 11, 1941, as amended, CGFR 68-142, 34 F.R. 2085, Feb. 12, 1969]

and offered for transportation or storage on board vessels that are not common carrier vessels shall with respect to definitions, descriptions, descriptive names and classifications of explosives, flammable liquids, oxidizing materials, corrosive liquids, compressed gases, radioactive materials, and poisonous articles, and with respect to specifications of containers for such articles or substances, and with respect to the packaging, marking, labeling, and certification of such articles or substances conform to the requirements of the regulations in effect at the time of shipment as promulgated by the Department of Transportation under the title of "Explosives and Other Dangerous Articles" (49 CFR Parts 170-189) except as may be otherwise required by the regulations in this part. Import or export shipments of such articles or substances shall comply with the provisions of §§ 146.02-10 and 146.02-11.

(b) Shipments of combustible liquids or hazardous articles, prepared, packed, and offered for transportation by vessels other than common carrier vessels, shall, with respect to definitions, descriptions, descriptive names and classifications; and with respect to containers for such articles or substances; and with respect to the packing, marking and certification of such articles or substances conform to the applicable provisions of the regulations contained in this part.

[Order 74, 6 FR. 258, Jan. 11, 1941, as amended by CGFR 68-142, 34 F.R. 2085, Feb. 12, 1969]

§ 146.02-20 Repairs or work involving welding or burning or other hazards. (a) A vessel having on board explosives or other dangerous articles as cargo shall not proceed to a ship repair plant or enter upon a drydock or marine railway or otherwise undertake repairs, or any work involving welding or burning, or the use of powder actuated tools or appliances which may produce intense heat, in violation of any of the following provisions:

(1) No such repairs or work, except emergency repairs to the vessel's main propelling or boiler plant or auxiliaries thereto, shall be undertaken while any explosives as cargo are on board.

(2) No such repairs or work shall be undertaken in holds containing any other dangerous articles as cargo, nor in compartments adjoining holds in which other dangerous articles as cargo are stowed, nor upon the boundaries of holds in

which other dangerous articles as cargo are stowed, except necessary repairs to the vessel's main propelling or boiler plant or auxiliaries thereto, including main propulsion shafting and propeller.

(3) No such repairs or work shall be undertaken in or upon boundaries of holds, after the discharge of any cargo of explosives or inflammable solids or oxidizing materials, until all precautions are taken to see that no residue of cargo is left to create a hazard.

(4) No such repairs or work shall be undertaken in, or upon boundaries of, holds that have lately contained substances capable of giving off inflammable or explosive vapors, until such holds have been determined gas free.

(b) None of the provisions in paragraph (a) of this section shall apply to permitted articles of ships' stores and supplies of a dangerous nature, although provisions shall be taken to afford safe storage and protection to such stores from any risk incident to the repair work.

(c) Contrary to the provisions set forth in this section, emergency repairs may be undertaken when in the judgment of the master, such repairs are necessary for the safety of the vessel, its passengers and crew.

[CGFR 53-54, 18 F.R. 8228, Dec. 16, 1953, as amended by CGFR 69-72, 34 F.R. 17485, Oct. 29, 1969]

146.20-100,

146.21-100,

146.23-100,

In the second column of the tables shown in §§ 146.19-100, 146.20-200, 146.20-300, 146.22-100, 146.22-200, 146.24-100, 146.25-100, 146.25-200, 146.25-300, 146.26-100, and 146.27-100 are statements in italics setting forth certain characteristic properties of the substances listed therein. It is not intended that these statements set forth all the characteristic properties of a particular substance and such statements as are shown are informative only. [CGFR 68-142, 34 F.R. 2086, Feb. 12, 1969] § 146.02-22 Preservation of records.

(a) Where the regulations in this part require the preparation of shipping orders, manifests, or other shipping documents, cargo lists, cargo stowage plans, reports and any other papers or records, it shall be the duty of the owner of the vessel to preserve such records or copies thereof in his office or place of business

in the United States for a period of one year. Persons or corporations chartering or engaging or contracting for the use of vessels under such terms and conditions that they have full and exclusive control of the management and operating of such vessels shall be subject to the same requirement for preservation of records as are imposed upon owners of vessels by this section and in such cases the owners shall not be required to preserve such records.

(b) Any records required to be so preserved shall be produced to the Commandant of the Coast Guard or his authorized representative upon his request therefor.

[Order 74, 6 F.R. 259, Jan. 11, 1941, as amended by CGFR 47-35, 12 F.R. 4184, June 27, 1947, CGFR 58–9, 23 F.R. 4839, June 28, 1958; CGFR 62–11, 27 F.R. 5280, June 5, 1962] § 146.02-25 Conditions under which equivalent or alternative procedures may be used.

(a) When in this subchapter it is provided that a particular fitting, appliance, apparatus, equipment, or packaging or type thereof, shall be fitted or carried in a vessel, or that any particular arrangement shall be adopted, the Commandant may accept in substitution therefor any other fitting, appliance, apparatus, equipment, or packaging or type thereof, or any other arrangement: Provided, That he shall have been satisfied by suitable trials or tests that the fitting, appliance, apparatus, equipment, or packaging or type thereof, or the arrangement is at least as effective as that specified in this subchapter.

(b) In any case where it is shown to the satisfaction of the Commandant that the use of any particular equipment, apparatus, packaging, or arrangement not specifically required by law is unreasonable or impracticable, the Commandant may permit the use of alternate equipment, apparatus, packaging, or arrangement to such an extent and upon such conditions as will insure, to his satisfaction, a degree of safety consistent with the minimum standards set forth in this subchapter.

(c) When the procedures, designs, or methods of stowage or construction are submitted for approval the Commandant is authorized to act regarding the approval or disapproval of such new developments for which no regulations have been provided.

(d) Petitions for the use of alternate, equivalent, or new procedures, fitting, appliances, apparatus, equipment, packaging, or arrangements as provided in this section shall be submitted to the Commandant (MHM), U.S. Coast Guard, Washington, D.C. 20591, and shall contain the following information:

(1) The regulatory provision involved. (2) The justification for the proposal, including any reasons why the regulations are not appropriate, why the public interest would be served by the proposal, and the basis upon which the proposal would provide an adequate and reasonable degree of safety.

(3) A detailed description of the proposal, including when appropriate drawings, plans, calculations, procedures, test results, and previous authorizations or permits, and any other supporting information.

(4) The chemical name, common name, hazard classification, form, quantity, properties, and characteristics of the material covered by the proposal, including composition and percentage (specified by volume or weight) of each constituent, if a solution or mixture.

(5) Any relevant shipping or accident experience.

(6) Types of vessels on which transport is proposed and any special transportation controls needed.

(7) The name, address, and telephone number of the petitioner.

(8) A statement or recommendation regarding any changes to the regulations which would be desirable to obviate the need for similar authorizations or special permits.

(e) If the shipment also involves modes of transport other than water, the shipper must comply with 49 CFR Part 170 in lieu of paragraph (d) of this section.

[CGFR 57-30, 22 F.R. 4447, June 25, 1957, as amended by CGFR 69-72, 34 F.R. 17485, Oct. 29, 1969]

§ 146.02-30 Portable tanks—interpretive rulings.

(a) The phrase "drums, barrels, or other packages," as used in R.S. 4417a, as amended (46 U.S.C. 391a), and in R.S. 4472, as amended (46 U.S.C. 170), is interpreted to mean portable tanks having a maximum capacity of 110 U.S. gallons and Department of Transportation specification cylinders having a water capacity of not more than 1000 pounds,

which are actually loaded and discharged from vessels with their content intact.

(b) The phrase “inflammable or combustible liquid cargo in bulk" as used in R.S. 4417a, as amended (46 U.S.C. 391a), and in R.S. 4472, as amended (46 U.S.C. 170), is interpreted to include such cargo in portable tanks of a capacity of more than 110 U.S. gallons.

(c) The phrase "liquid cargo" used in R.S. 4417a, as amended (46 U.S.C. 391a), is interpreted to mean inflammable or combustible liquids.

(Interpret or apply R.S. 4417a, as amended (46 U.S.C. 391a)) [CGFR 63-19, 28 FR. 5379, May 30, 1963, as amended by CGFR 69-72, 34 F.R. 17486, Oct. 29, 1969] Subpart 146.03-Definitions of Words and Terms Contained Within the Regulations in this Subchapter

SOURCE: The provisions of this Subpart 146.03 contained in Order 74, 6 FR. 259, Jan. 11, 1941, unless otherwise noted.

The letters "MIN" refer to "Marine Inspection and Navigation", a former Bureau in the Department of Commerce whose functions are now carried out by the Coast Guard.

[CGFR 62-11, 27 F.R. 5280, June 5, 1962] § 146.03-3 Bulk.

The word "bulk" means substances which are loaded and carried on board a vessel without benefit of containers or wrappers, and received and delivered by the vessel carrier without mark or count: Provided, however, That this definition does not apply to initiating or priming explosives.

The initials "CFC" refer to Consolidated Freight Classification.

§ 146.03-7 Character of vessel.

The term "character of vessel" means the type of service in which the vessel is engaged at the time of carriage of the explosives or other dangerous articles or substances subject to the regulations in this part, i.e., a cargo vessel, a passenger vessel, a ferry vessel, a railroad car ferry or a barge.

§ 146.03-8 Dangerous articles defined. A dangerous article within the meaning of the regulations in this subchapter is an article falling within any of the following classifications:

Ships' Stores and Supplies of a Dangerous Nature.

For definitions covering these classifications see the appropriate section within this subchapter. These are §§ 146.19-1, 146.20-1, 146.20-11, 146.21-1, 146.22-1, 146.23-1, 146.24-1, 146.25-1-146.25-15, 146.27-1, and 147.02-1, 147.02-2. Combustible Liquids are defined in § 146.26-1. [CGFR 68-142, 34 F.R. 2086, Feb. 12, 1969] § 146.03-9 Flammable or inflammable.

For the purpose of the regulations in this subchapter, the words "inflammable" and "flammable," are interchangeable or synonymous terms.

[CGFR 51-19, 16 FR. 7212, July 24, 1951] § 146.03-10 Explosive range.

The vapors of inflammable liquids (and to a lesser extent of combustible liquids) when mixed with air will in proper proportions form an explosive concentration. The low or "lean" limit and the high or "rich" limit vary in accordance with the characteristics of the liquid involved. The mixture or percent by volume between the "lean" and the "rich" mixtures is termed the "explosive range". Any percentage of the vapor in air between these limits will be likely, upon