Page images
PDF
EPUB
[blocks in formation]

tables for the particular substance named on the shipping paper. Shipments tendered in United States ports to vessels which are initial carriers shall not be accepted unless the originating shipping order carries the shipper's certification as to description, packing, marking and condition as required by § 146.05-11. Shipments tendered in United States ports to vessels which are connecting carriers shall not be accepted unless the transfer shipping paper contains sufficient information to identify the preceding shipping paper. Shipments originating in a foreign port shall not be transported, carried, conveyed, or stowed by any vessel upon the navigable waters of the United States unless accompanied by bills of lading upon which the shipper or his agent has certified that the goods are described, packed and marked in accordance with the regulations in this part.

Explosives other other dangerous articles or substances or combustible liquids that are permitted by the regulations in this part to be placed on board vessels, or to be on board a vessel within the navigable waters of the United States, may be accepted and transported or stored on board vessels subject to the regulations in this part when such articles are described upon the shipper's originating shipping order or a transfer shipping paper or otherwise in writing by a shipping name as shown in the commodity list of explosives and other dangerous articles herein, and provided label notations are shown on the shipping paper as they apply to the various substances. The owner, charterer, agent, master or person in charge of a vessel shall ascertain to his own satisfaction that the outside container is one of the acceptable containers as shown in the

[blocks in formation]
[blocks in formation]

Except on through bills of lading to a foreign port, shipments of Class A dangerous explosives or blasting caps in any quantity shall not be transported, carried or conveyed on board a vessel, when consigned to "Order-Notify" or "C.O.D." Such articles shall not be transported, carried or conveyed on board any vessel when a shipper consigns a shipment to himself unless the shipper has a resident representative authorized to receive the shipment at the port of discharge.

[Order 74, 6 F.R. 274, Jan. 11, 1941]

§ 146.06-6

Canadian shipments.

Explosives (except commercial Class A explosives) or other dangerous articles or combustible liquids, as defined herein, which are described, packed, marked and certified in conformity with the regulations of the Board of Transport Commissioners of Canada may be transported, carried or conveyed on board such vessels as are permitted by the regulations in this part to transport, carry or convey the particular explosive or other substance contained within the package. [CGFR 53-26, 18 F.R. 5216, Sept. 1, 1953] § 146.06-7 Emergency shipments.

For conditions of the regulations governing emergency shipments see § 146.02-15.

[Order 74, 6 F.R. 273, Jan. 11, 1941, as amended by Order 129, 6 F.R. 3182, July 1, 1941] § 146.06-8 Handling on board vessels.

Explosives or other dangerous articles or substances shall be handled on board vessels in conformity with the provisions of the detailed regulations preceding each table of the various classifications and provisions set forth for the particular substances as shown in the tables: Provided, however, That railroad vehicles, highway vehicles, vans, or portable containers loaded with any permitted explosives or other dangerous articles or substances shall be handled on board the vessel in accordance with the provisions of Subpart 146.07. Highway or railroad vehicles loaded with permitted explosives or other dangerous articles or substances

shall be handled on ferry vessels in accordance with the provisions of Subpart 146.08.

[CGFR 62-11, 27 F.R. 5281, June 5, 1962] § 146.06-9 Stowage on board vessels.

(a) Stowage of a particular explosive or other dangerous article or substance or a combustible liquid on board a vessel may be any permitted stowage in accordance with the provisions as shown in the tables as applying to the character of vessel upon which the substance is permitted to be transported or stored.

(b) When only one stowage is shown, no other stowage shall be utilized. When more than one stowage is indicated any or all of the indicated stowages may be utilized. When "Tween decks" is authorized for stowage "Tween decks readily accessible" may also be used, but not the reverse thereof. When "Under deck" is authorized for stowage "Under deck away from heat" may also be used, but not the reverse, thereof.

(c) Explosives of different classes or characteristics shall not be stowed together in the same compartment or magazine except as indicated in the chart in § 146.20-90, and the detailed regulations shown in §§ 146.20-1 to 146.20-300. Explosives and other dangerous articles or substances shall not be stowed together in the same hold or compartment except as indicated in the detailed regulations preceding each table of the various classifications and the provisions set forth for the particular substances as shown in the tables.

(d) The provisions of this section shall not apply to railroad vehicles, highway vehicles, vans or portable containers in which are loaded any permitted explosives or other dangerous articles, which are provided for in Subpart 146.07.

(e) The provisions of this section shall not apply to railroad and highway vehicles in which are loaded any permitted explosives or other dangerous articles in compliance with the I.C.C. regulations governing such loading, or combustible liquids when loaded in compliance with the regulations in this part, when carried on board a ferry vessel in accordance with the provisions of Subpart 146.08.

[Order 74, 6 F.R. 273, Jan. 11, 1941, as amended by CGFR 53-26, 18 F.R. 5216, Sept. 1, 1953; CGFR 58-9, 23 F.R. 4839, June 28, 1958]

[blocks in formation]

Vessels or their owners, charterers or agents shall keep on hand an adequate supply of labels. Lost or detached labels shall be replaced from information given on shipping order, delivery receipt or transfer shipping paper applying to the shipment.

[Order 74, 6 F.R. 274, Jan. 11, 1941]

§ 146.06-11 "No smoking" signs.

Where smoking is prohibited during the loading, stowing, storing, transporting or unloading of explosives or other dangerous articles or substances by the regulations in this part, the owner, master or person in charge of the vessel is required to cause "NO SMOKING” signs to be posted.

[Order 74, 6 F.R. 274, Jan. 11, 1941]

§ 146.06-12 Dangerous cargo manifest or list required.

All cargo vessels transporting or storing explosives or other dangerous articles or substances as cargo shall have on board during the period of transportation or storage a manifest or list upon which is correctly described every article as defined by the regulations in this part. Passenger vessels shall in addition show every article of combustible liquids in outside containers that is on board the vessel as cargo. This record may be referred to as "Dangerous Cargo Manifest" or "Dangerous Cargo List".

[CGFR 58-9, 23 F.R. 4839, June 28, 1958] § 146.06-13 Form of manifest or list.

The manifest or list shall be a form containing spaces for all of the information required. If a vessel elects to show the information with regard to dangerous cargo as required by § 146.06-14 upon either the outward foreign manifest (Customs Form 1374) or the inward foreign manifest (Customs Form 7527 (a) or (b)) and a copy of either of these papers is retained on board the vessel, such procedure, executed in conformance with the requirements of the regulations in this part will be considered as in full compliance: Provided, however, That separate sheets shall be allotted for entries of dangerous articles of cargo in order to segregate the record of such substances as are on board the vessel. [Order 74, 6 F.R. 273, Jan. 11, 1941, as amended by CGFR 47-35, 12 F.R. 4184, June 27, 1947]

§ 146.06-14 Information required on manifests or lists.

(a) For vessels on foreign or intercoastal voyages the dangerous cargo manifest or list shall show thereon the following information:

(1) Port and date of departure.
(2) Nationality of vessel.
(3) Name of vessel.

(4) Net tonnage of vessel.
(5) Official number (if any).
(6) Custom house number (if any).
(7) Name of master.
(8) Vessel bound for.
(9) Name of agent.
(10) Address of agent.

(b) Entries of items descriptive of the dangerous cargo on board vessels on foreign or intercoastal voyages that appear upon the dangerous cargo manifest or list shall include the following information:

(1) Name of consignor.

(2) Name of consignee, or the marks and numbers when such marks and numbers are used in lieu of the consignee's name.

(3) The true shipping name as given in the commodity list of the regulations in this part for the substance.

(4) The number and description of packages (such as barrels, drums, cylinders, boxes, etc.)

(5) The gross weight of the package. (6) The classification of the substance in accordance with the regulations in this part (such as explosives, inflammable liquid, compressed gas, hazardous article, etc.)

(7) Such classification shall be shown in enlarged size of letter and underlined in order to be easily distinguished upon the manifest. (As an example: INFLAMMABLE LIQUID.)

(8) Kind and type of label applied to the package. If no label is required, so state.

(9) The stowage actually provided for the substance on board the vessel.

(c) For vessels on coastwise, rivers, bays, sounds, lakes, including Great Lakes, voyages the manifest or dangerous cargo list required to accompany a vessel navigating these waters shall show: (1) Port and date of departure. (2) Name of vessel. (3) Name of master. (4) Vessel bound for.

(5) True shipping name as given in the commodity list of explosives and

other dangerous articles and combustible liquids herein for the substance or substances being transported.

(6) The number of packages or units. (7) The classification of the substance in accordance with the regulations in this part.

(8) The stowage actually provided for the substance on board the vessel.

(d) For barges the manifest or dangerous cargo list (or check list) required to accompany a barge in which explosives or other dangerous articles are stowed shall show at least the following information:

(1) Name or identification number of the barge.

(2) Destination of the barge.

(3) The true shipping name as given in the commodity list of explosives and other dangerous articles herein for the substance or substances being transported.

[Order 74, 6 F.R. 274, Jan. 11, 1941]

§ 146.06-15 Source of information shown on manifest or list.

(a) The information required to appear on a dangerous cargo manifest or list by the provisions of § 146.06-14 (b), (c), and (d) shall be the information actually furnished to the vessel by the shipper of the dangerous substances upon his bill of lading or other shipping paper; and the owner, charterer, agent, master or person under whose supervision the actual preparation of the manifest or list is made, shall cause the information required to be correctly transcribed.

(b) Every entry made upon the dangerous cargo manifest or list shall be a true statement to the best knowledge and belief of the master of the vessel. The provision of this paragraph shall not apply to barges.

(c) The master, shall, by his signature, acknowledge the correctness of the dangerous cargo manifest or list. The provisions of this paragraph shall not apply to barges.

[Order 74, 6 F.R. 275, Jan. 11, 1941]

§ 146.06-17 Produce manifest or list upon demand.

Any vessel transporting or storing explosives or other dangerous articles or substances including a passenger vessel transporting combustible liquids in outside containers shall, when in the navigable waters of the United States,

have on board a dangerous cargo manifest or list describing such articles in accordance with the regulations in this part and shall produce the manifest or list upon demand of any officer of the Coast Guard, Department of the Treasury, or any officer or employee of any executive department, independent establishment or agency of the government who is authorized by the Commandant of the Coast Guard to enforce the provisions of the regulations in this part. The provisions of this section requiring the production of manifest or list on demand shall not apply to barges.

[Order 74, 6 F.R. 273, Jan. 11, 1941, as amended by CGFR 47-35, 12 F.R. 4184, June 27, 1947]

§ 146.06-18 Record copy of manifest or list.

Owners, charterers or agents of vessels transporting or storing explosives or other dangerous articles or substances, and combustible liquids, as cargo, shall retain ashore for one year a copy of the dangerous cargo manifest or list and shall produce said manifest or list in accordance with the provisions of § 146.02-22.

[CGFR 58-9, 23 F.R. 4840, June 28, 1958] § 146.06-19 Cargo stowage plan or cargo stowage list.

Vessel owners, charterers or agents shall cause to be prepared a cargo stowage plan or cargo stowage list covering each ocean going voyage of any domestic cargo vessel transporting explosives or other dangerous articles or substances and of any domestic passenger vessel transporting such explosives or other dangerous articles or substances or combustible liquids in outside containers. The cargo stowage plan or cargo stowage list shall show in all necessary detail the exact location of the stowage of such explosives, articles or substances. The descriptive name thereof, as given in the commodity list in § 146.04-5, shall be the name used to identify these explosives or other dangerous articles or substances. Trade names, marks or other designations shall not be used to identify the dangerous cargo shown upon the stowage plan or list. When articles defined by the regulations in this part as dangerous are stowed in a compartment in which other cargo not of a dangerous nature is stowed, such other cargo that is stowed

nearest adjacent to the dangerous articles of cargo shall be accurately described and identified on the stowage plan or list. The serial numbers of railroad vehicles, highway vehicles, vans or portable containers containing no dangerous cargo shall be considered sufficient identification in the case of vessels covered by Subpart 146.07. One copy of the stowage plan or list shall be retained ashore for one year and shall be produced in accordance with the provisions of § 146.02-22.

[CGFR 58-9, 23 F.R. 4840, June 28, 1958] § 146.06-20 Manifest; storage vessels.

(a) Magazine vessels used for the storage of explosives and other vessels used only for the storage of other dangerous articles or substances shall be subject to the provisions of §§ 146.06-12 and 146.06-17 applying to "Dangerous Cargo Manifest" or "Dangerous Cargo List."

(b) The dangerous cargo manifest or list for storage vessels shall show thereon the following information:

(1) Name and address of vessel's owner.

(2) Location of vessel's mooring.

(3) Name of person in charge of vessel.

(4) The number and description of packages, the true descriptive (shipping) name of the substances within the package and the name and address of the owner of the cargo.

(c) Storage vessel manifests or lists shall be kept in such form as will show a complete record, by time intervals of one week, of all receipts and disbursements of explosives or other dangerous articles or substances. The name and address of the consignor shall be shown against all receipts and the name and address of the consignee against all deliveries.

[Order 74, 6 F.R. 275, Jan. 11, 1941, as amended, CGFR 62-48, 27 F.R. 12133, Dec. 7, 1962] Subpart-Railroad Vehicles, Highway

Vehicles, Vans or Portable Con-
tainers Loaded with Explosives or
Other Dangerous Articles and
Transported on Board Ocean
Vessels

§ 146.07-1 Applicability and definitions.

(a) The regulations in this subpart apply to railroad vehicles, highway ve

hicles, vans and portable containers in which are loaded any permitted explosives or other dangerous articles or substances, as defined in this part, when transported, carried or conveyed on board any ocean-going vessel subject to the regulations in this part.

(b) For purposes of the regulations in this subpart the following definitions apply:

(1) A railroad vehicle is a cargo carrying body or tank permanently attached to an underframe and wheels (box car, tank car, etc.) which is loaded, stowed and discharged as a unit.

(2) A highway vehicle is a cargo carrying body or tank permanently attached to the chassis and wheels which is loaded, stowed and discharged as a unit.

(3) A van is a cargo carrying body other than a tank container which is designed and constructed to be removed from a chassis and wheels for water transportation. It is loaded and discharged by a "lift on-lift off" method.

(4) A portable container is a cargo carrying unit other than a "van" which is designed to be loaded or discharged by a "lift on-lift off" method. Portable containers shall be ICC specification portable containers (ICC-51, ICC-60) and/or shall be approved by the Commandant, United States Coast Guard.

(5) A trainship is a vessel other than a railroad car ferry or carfloat designed to transport railroad vehicles.

(6) A trailership is a vessel other than a highway vehicle ferry or carfloat designed to transport highway vehicles.

(7) A containership is a vessel designed to transport vans or portable containers. [CGFR 58-9, 23 F.R. 4840, June 28, 1958, as amended, CGFR 61-11, 26 F.R. 3923, May 5, 1961]

§ 146.07-5 Permitted shipments.

(a) Railroad vehicles, highway vehicles, vans or portable containers in which are loaded any permitted explosives or other dangerous articles or substances may be transported, carried or conveyed on board any vessel subject to the regulations in this part, provided there is compliance with the regulations in this subpart.

(b) Railroad vehicles, highway vehicles, vans or portable containers in which are loaded explosives or other dangerous articles or substances or combustible liquids shall not be transported, carried or conveyed on board passenger

« PreviousContinue »