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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 FR. 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, packaging or type thereof, or the arrangement is at least as effective as that specified in this subchapter.

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(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 Iwith 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.

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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. 6280, 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.

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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:

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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

ignition, to continue to burn with rapidity and violence, sometimes with explosive effects.

§ 146.03-11 Finely divided metals.

The phrase "finely divided metals" is used to describe metals that have been divided into small parts such as aluminum powder, bronze powder, metal cuttings or borings such as are produced in working metals.

§ 146.03-12 Finely divided organic material.

This phrase is used to describe organic material such as charcoal, peat moss, sugar, sulfur, sawdust, powderous materials such as flour, granular materials such as seeds, grains, and cereals, or like substances.

§ 146.03-13 Fire point.

The term "fire point" denotes the temperature at which the vapors given off by the substance, if ignited, will continue to burn. The fire point is generally higher than the flash point, although occasionally they coincide as in the case of ether, carbon disulfide, and a few other substances.

§ 146.03-14 Flashpoint.

The term "flashpoint" means the temperature at which the substance gives off inflammable vapors which in contact with spark or flame will ignite.

§ 146.03-15 Hermetically sealed.

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]

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The initials "ICC" refer to Interstate Commerce Commission. The initials "DOT" refer to Department of Transportation. For the purposes of the regulations in this subchapter ICC and DOT are used interchangeably with respect to safety regulatory functions formerly performed by the Interstate Commerce Commission and now performed by the Department of Transportation pursuant to 49 U.S.C. 1657.

[CGFR 68–142, 34 F.R. 2086, Feb. 12, 1969] § 146.03-18 ICC and DOT regulations.

The terms "ICC regulations" and "DOT regulations" when used in the regulations in this part refer to regulations of the Interstate Commerce Commission (49 CFR Parts 71-90) or the Department of Transportation (49 CFR Parts 170-189) in effect at the time a shipment is moving and subject to the regulations in this part. The ICC regulations were redesignated as DOT regulations upon the establishment of the Department of Transportation pursuant to 49 U.S.C. 1657 effective April 1, 1967; therefore, references in this part to ICC regulations shall be understood to include the DOT regulations which superseded the ICC regulations.

[CGFR 68-142, 34 F.R. 2086, Feb. 12, 1969] § 146.03-19 Inside packaging.

(a) The following abbreviations when used in the tables indicate that the substance 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, which include coatings resistant to the lading, applied to the inside of a container so as to prevent reaction with the construction material of a container.

"WIMC" means With Inside Metal Containers.

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

(b) The inside packaging and packing, if required, shall comply with the requirements of the Department of Transportation in effect at the time of shipment.

[CGFR 62-11, 27 F.R. 5280, June 5, 1962, and CGFR 65-17, 30 F.R. 7438, June 5, 1965; CGFR 68–142, 34 F.R. 2086, Feb. 12, 1969]

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§ 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 FR. 259, Jan. 11, 1941, as amended by CGFR 47-35, 12 FR. 4184, June 27, 1947]

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thorized by the regulations in this part to be used for the packing of the particular substance. As a rule they are specification containers, but in some instances nonspecification outside containers are authorized.

§ 146.03-27a Packaging.

"Packaging" means the assembly of the containers and any other components necessary to ensure compliance with the containment requirements prescribed for the substances therein. [CGFR 68-142, 34 F.R. 2086, Feb. 12, 1969] § 146.03-27b Package.

"Package" means the packaging plus its content of explosives or other dangerous articles as presented for transportation.

[CGFR 68-142, 34 F.R. 2086, Feb. 12, 1969] § 146.03-28 Prohibited.

The term "prohibited" is applied to the explosive substances named and described in subsection (3) of R.S. 4472, as amended, and means such explosive substances shall not be offered to any vessel placed on board, transported, or stored on board any vessel within the navigable waters of the United States.

§ 146.03-29 Shipping papers.

For definition of "shipping papers" see §§ 146.05-12, 146.05-13 and 146.05-14. § 146.03-30 Soluble.

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,

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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

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