(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 F.R. 258, Jan. 11, 1941, as amended, CGFR 53–26, 18 F.R. 5205, Sept. 1, 1953]

§ 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 except necessary repairs to the vessel's main propelling or boiler plant or auxiliaries thereto, including tail shaft 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] § 146.02-21 Statements of characteristic properties.

146.21-100,

146.24-100,

146.22-100, 146.25-100,

In the second column of the tables shown in §§ 146.20-100, 146.20-200, 146.20-300, 146.23-100, 146.25-200, 146.25-300, 146.25-400, 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.

[Order 74, 6 F.R. 259, Jan. 11, 1941, as amended by CGFR 53–26, 18 F.R. 5205, Sept. 1, 1953]

§ 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 equivalents or alternative procedures may be used.

(a) When in this subchapter it is provided that a particular fitting, appliance, apparatus, equipment, or container, 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, apparatus, equipment, or container, 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 container, 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, container, or arrangement not specifically required by law is unreasonable or impracticable, the Commandant may permit the use of alternate equipment, apparatus, container, 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.

[CGFR 57-30, 22 F.R. 4447, June 25, 1957]

§ 146.02-30 Portable containers—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 include portable containers having a maximum capacity of 110 U.S. gallons, which are actually loaded and discharged from vessels with their contents intact.

(b) The phrase "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 portable containers of a capacity of more than 110 U.S. gallons, whether or not such con

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.

is an article falling within any of the following classifications:

Explosives.

Inflammable Liquids.

Inflammable Solids and Oxidizing Materials.
Corrosive Liquids.
Compressed Gases.
Poisons.

Hazardous Articles.

Ships' Stores and Supplies of a Dangerous Nature.

For definitions covering these classifications see the appropriate section within this subchapter. These are §§ 146.20-1— 146.20-11; § 146.21-1; § 146.22-1; §§ 146.25-1

§ 146.23-1; § 146.24-1; 146.25-20; § 146.27-1; and §§ 147.02-1147.02-2. Combustible Liquids are defined in § 146.26-1.

[CGFR 53-26, 18 F.R. 5205, Sept. 1, 1953] § 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 F.R. 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" límit 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 ignition, to continue to burn with rapidity and violence, sometimes with explosive effects.

The term "hermetically sealed" means perfectly closed or closed airtight by, or as by, fusion, or crimping, so that no gas nor vapor can enter or escape.

[Order 74, 6 F.R. 259, Jan. 11, 1941, as amended by Order 103, 6 F.R. 1893, Apr. 11, 1941] § 146.03-16 Holds gas tight.

This term means that the structural boundaries of the hold are free of openings and constructed sufficiently tight to withstand a gas pressure not in excess of 1 pound per square inch. A hold that will withstand a hose test without leakage may be assumed as being gas tight. Cargo or other openings in the structural boundaries of such holds (except over deck cargo hatches) shall be provided with tight closing means. Cargo hatch openings in the over deck provided with hatch covers and tarpaulins are accepted as satisfactory closing means for such compartment or hold.

[Order 74, 6 F.R. 259, Jan. 11, 1941, as amended by Order 103, 6 F.R. 1893, Apr. 11, 1941] § 146.03-17 ICC.

The initials "ICC" refer to Interstate Commerce Commission.

§ 146.03-18 ICC regulations.

The term "ICC Regulations" when used in the regulations in this part refers to regulations of the Interstate Commerce Commission for "Explosives and Other Dangerous Articles" (49 CFR Parts 71-78) in effect at the time a shipment is moving and subject to the regulations in this part.

[Order 74, 6 F.R. 260, Jan. 11, 1941, as amended by CGFR 53-26, 18 F.R. 5205, Sept. 1, 1953] § 146.03-19 Inside containers.

(a) The following abbreviations when used in the tables indicate that the sub

stance is packed in "Inside Containers" of the following descriptions:

"WIC" means With Inside Containers, which may be glass, earthenware, metal, polyethylene or other authorized materials. "WIL" means With Inside Liners.

"WIMC" means With Inside Metal Containers.

"WIML" means With Inside Metal Liners. "WPL" means With Inside Paper Liners.

(b) The inside containers and packing, if required, shall comply with the requirements of the Interstate Commerce Commission Regulations in effect at the time of shipment.

[CGFR 53-54, 18 F.R. 8229, Dec. 16, 1953, as amended, CGFR 62–11, 27 F.R. 5280, June 5, 1962]

For the purpose of the regulations in this part the term "miscible" is applied to liquids, and means such liquids are capable of mixing freely, in many cases in all proportions, with water.

§ 146.03-23 Miscibility with water.

This term "miscibility with water" is shown in the regulations for the purpose of indicating the adaptability of water in volume in the event of ignition of the liquid.

§ 146.03-24 Navigable waters.

Where used in the regulations in this part the term "navigable waters" inincludes the navigable waters of the United States, its Territories and possessions, but not the navigable waters of the Panama Canal Zone.

[Order 74, 6 F.R. 259, Jan. 11, 1941, as amended by CGFR 47-35, 12 F.R. 4184, June 27, 1947]

For the purpose of the regulations in this part, the term "soluble" means capable of being dissolved in water, forming homogeneous or uniform mixtures. (It is to be noted that some substances freely dissolve and others dissolve very slowly.) § 146.03-31 STC and NRC.

The term "STC" means "single trip container" that must not be reused for shipment of dangerous articles unless approved by the Interstate Commerce Commission. The term "NRC" means "nonreusable container" that must not be reused for shipment of dangerous articles.

[CGFR 58-9, 23 F.R. 4839, June 28, 1958] § 146.03-32

Storage.

The term "storage" as used in the regulations in this part means the placing of

explosives or other dangerous articles or substances on board a vessel for purposes of safekeeping or accumulation, pending removal therefrom in whole or in part at a subsequent time; the process of "placing on board" and "removing therefrom" occurring without movement of the vessel being involved.

§ 146.03-33 Stowage.

For the purposes of the regulations in this subchapter the term "stowage" embraces the art of placing and securing goods on board a vessel within the holds of the vessel, or on the decks, in such manner as to enhance safety during the period of transportation.

§ 146.03-34 Stowage terms defined.

For the purposes of the regulations in this part the following stowage terms are defined:

(a) "On deck in open" means the articles may be stowed on the open weather deck of a vessel. Such cargo may be protected from the elements if necessary or advisable.

(b) "On deck protected" means the articles may be stowed on the open weather deck of a vessel. It is required that dangerous cargo stowed under such conditions shall be protected from the elements by structural erections or from the direct rays of the sun by means of awnings or dunnaging.

(c) "On deck under cover" means the articles may be stowed on the weather deck of a vessel under covered erections, such as forecastle, bridge house, poop, and deck houses, having permanent structural openings to the atmosphere, but no structural openings such as doors, hatches, companionways, or manholes to any living quarters, cargo carrying, or other compartments, unless such doors, hatches, companionways, or manholes are provided with hinged means for closing off and securing such openings. Stowage shall not be utilized in any deck house containing living quarters, a steering engine or refrigerating unit or refrigerated stowage boxes unless the areas occupied by such units are isolated from the stowage area by permanent and tight metallic division bulkheads.

(d) "Cargo hatch trunkway” means the articles may be stowed in a cargo hatch trunkway provided the trunk is constructed of steel without openings except such openings as are fitted with positive closing means, provided further,

that noncombustible hatch closing means, or combustible hatch covers metal lined all over, are fitted at the lower terminus of the trunk securely closing off the cargo hold from the trunkway. A cargo hatch trunkway the upper terminus of which is located in a tween deck space shall not be utilized for such stowage unless fitted with steel hatch covers and then only when such terminus is always visible and accessible during the voyage.

(e) "Tween decks readily accessible" means the articles may be stowed in upper cargo spaces below or off the weather deck, and so stowed as to be readily accessible from the cargo openings (but not in the square of the hatch if the latter is made up of wooden hatch covers) or in a shelter deck directly inboard of structural openings from the weather deck. A vessel having cargo carrying holds which extend from the tank top or lower flat to the weather deck and having no enclosed cargo stowage space imposed above such single holds may substitute "Under deck away from heat" in lieu of "Tween decks readily accessible" stowage.

(f) "Tween decks" means the articles may be stowed in an upper cargo space below or off the weather deck, or in a shelter deck space. Any openings in the bulkheads forming boundaries of such tween deck spaces shall be fitted with positive closing means. Hatches shall be provided with a full complement of covers. After stowage of cargo all openings shall be closed and remain closed during the voyage, except for such ingress and egress as is necessary in the operation of the vessel.

(g) "Under deck away from heat” means the articles may be stowed in a cargo space in a deep hold or a tween deck hold capable of being ventilated and not subject to heat from any artificial source. Holds of which any boundary bulkhead or deck forms part of the boundary of a boiler room, engine room, coal bunker, or galley shall not be utilized for this type of stowage unless the dangerous substances are stowed not less than twenty (20) feet away from such bulkheads: provided, however, that this limitation shall not apply to cargo spaces in holds adjacent to the engine room of vessels fitted with internal combustion engines.

NOTE: Order 146, Sept. 10, 1941, 6 F.R. 4668, provides in part as follows: Any vessel