Transport Commission may be accepted and transported on board vessels within the navigable waters of the United States: Provided, That their acceptance and stowage on board the vessel is in accordance with the regulations in this part for the substances involved: And provided further, That the bill of lading or other shipping paper carries the certifying statement of the shipper that the goods are packed, marked, and labeled in accordance with the regulation of the Canadian Transport Commission. [CGFR 68–142, 34 F.R. 2084, Feb. 12, 1969] § 146.02-10 Export shipments.

(a) Export shipments of commercial Class A explosives and radioactive materials regardless of whether in interstate transportation prior to delivery to the vessel, shall be packed, marked, labeled, or otherwise in conformity with the Department of Transportation requirements for the transportation of explosives or other dangerous articles in effect at the time of shipment.

(b) Export shipments of explosives or other dangerous articles or combustible liquids (except commercial Class A explosives and radioactive materials) may be accepted for transportation when packed, marked, labeled, and described in accordance with the regulations of the country of destination. If the regulations of the foreign country are used, the bill of lading or other shipping paper shall identify such shipments by the shipping name shown in the regulations in this part for the particular substance, and also shall certify that the packing, marking, and labeling is in accordance with the foreign regulations and identify by title or otherwise such foreign regulations. Markings on export packages may be in the language of the country of destination. Labels shall be affixed or printed or stamped upon such export packages when offered for transportation in lots of one hundred (100) or less packages. Stowage on board a vessel shall be in accordance with the regulations in this part as applicable to the particular character of vessel.

[CGFR 68-142, 34 F.R. 2084, Feb. 12, 1969] § 146.02-11 Import shipments.

(a) Import shipments of commercial Class A explosives and radioactive materials regardless of whether destined upon arrival at domestic ports for further transportation or not shall be packaged, marked, labeled, or otherwise in con

formity with the Department of Transportation requirements for the transportation of explosives or other dangerous articles in effect at the time of shipment.

(b) Import shipments of explosives or other dangerous articles (except commercial Class A explosives and radioactive materials) destined upon arrival at domestic ports for further transportation outside the port area in original packaging, by common, contract, or private carrier must comply with the Department of Transportation regulations for the transportation of explosives or other dangerous articles in effect at the time of shipment. The importer shall furnish with the order to the foreign shipper, and also to the forwarding agent at the port of entry, full and complete information as to packaging, marking, labeling, and other requirements as prescribed by the Department of Transportation regulations (see § 146.05-14).

(c) Import 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 in outside metal or wooden barrels or drums not exceeding 110 gallons capacity, wooden boxes not exceeding 300 pounds weight of box and contents, or fiberboard boxes not exceeding 65 pounds weight of box and contents, which upon arrival at domestic ports are not destined for transportation outside the port area in their original import packaging by common, contract, or private carrier may be carried on board vessels provided the shipper certified upon the bill of lading or other shipping paper that the packaging, marking, and labeling are in conformity with the regulations of the country of origin. If the country of origin has no regulations governing the transportation by vessel of the explosives and dangerous substances involved packages of the type described above in this paragraph may be carried on board vessels: Provided, That the shipper shall certify that the container is so constructed as to maintain its complete integrity under all conditions likely to be encountered in transportation. The master of the vessel, before accepting such import shipments, shall satisfy himself that the packaging is sufficiently strong to stand, without rupture or leakage of contents, all risks ordinarily incident to transportation. 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 sufficiently 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 inflammable 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 FR. 257, Jan. 11, 1941, as amended by CGFR 58-9, 23 F.R. 4839, June 28, 1958; CGFR 69–72, 34 F.R. 17485, Oct. 29, 1969]

(a) The master of any ocean-going 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 inspection immediately prior to entering such port. If the inspection discloses the presence of fire 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.

(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 F.R. 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, FR. 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. port 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]

§ 146.02-19

Im

Shipments via vessels other than common carriers.

(a) Explosives or other dangerous articles or substances packed in barrels, drums, boxes, cylinders, carboys or bags

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]

146.24-100, 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