§ 146.07-10 Tank containers.

(a) Railroad or highway vehicles to which is attached a tank containing any explosives or other dangerous articles or substances shall not be offered or accepted for transportation on board any vessel unless such articles or substances are permitted by the regulations in this part to be carried on board a vessel in this manner, and provided there is compliance with the regulations in this subpart.

(b) This section does not apply to tank containers removed from the vehicle chassis or underframe. Such containers shall be considered portable tanks and the materials, design, construction and method of handling shall be as specified in this part (i.e., certain DOT specification tanks) or as specifically approved by the Commandant of the U.S. Coast Guard.

(c) Railroad or highway vehicles, to which is attached a tank, or portable tanks which previously contained a substance defined as dangerous by the regulations in this part, shall be transported in accordance with § 146.27-100. [CGFR 64-20. 29 F.R. 6789, May 23, 1964, as amended by CGFR 66-28, 31 F.R. 8298, June 14, 1966; CGFR 69-72, 34 F.R. 17488, Oct. 29, 1969]

§ 146.07-15 Acceptance on board vessels.

(a) The master, owner, charterer, agent or other person in charge of the vessel shall require the shipper or his agent, or the delivering carrier, or the driver of the vehicle to furnish a copy of the shipper's shipping order, shipping paper, bill of lading, manifest or other memorandum, or a waybill prepared from information furnished in the shipper's shipping order bearing the certification required by § 146.07-20 before accepting any railroad or highway vehicles, containers or portable tanks, in which are loaded explosives or other dangerous articles or substances. This shipping paper shall have entered upon it the proper and definite name of the commodity or commodities contained therein according to § 146.04-5 the total quantity by weight or volume, the prescribed label when required for the outside container of such article, the name and addresses of the consignor and consignee, and the identification number of the vehicle, container or portable tank. In lieu of the consignee's name shipping marks may be used. The Dan

gerous Cargo Manifest or List (§ 146.0612) shall be compiled from this information of this part.

(b) The master or other person in charge of the vessel shall assign an officer of the vessel to supervise the acceptance and stowage of railroad or highway vehicles, containers, or portable tanks containing permitted explosives or other dangerous articles or substances. This officer shall examine the vehicles, containers, or portable tanks for signs of leaking, damage to the container, or sifting of contents. For tanks he shall examine dome covers to ascertain if they are fitted securely; check valves, piping, and the tanks for leakage or excess residue of lading. Any vehicle, container, or portable tank found to be damaged, leaking, or sifting, or having excess residue of lading adhering thereto shall not be accepted for transportation.

[CGFR 69-72, 34 F.R. 17488, Oct. 29, 1969] § 146.07-20

Certification.

The shipping order or other memorandum furnished by the shipper, agent or delivering carrier shall bear the following certificate of the shipper or his duly authorized agent:

This is to certify that the above-named articles are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation, according to the applicable regulations of the Department of Transportation.

[CGFR 68-142, 34 F.R. 2088, Feb. 12, 1969] § 146.07-25 Marking and placarding.

(a) Railroad vehicles, highway vehicles, containers, or portable tanks in which are loaded explosives or other dangerous articles in any amount shall be marked with the placards as described in the Department of Transportation regulations pertaining to each means of transportation, and shall carry an identification number.

(b) The label required for the dangerous cargo within the vehicle, container, or portable tank shall be displayed in a conspicuous place in addition to the required placard. Individual packages are exempt from the labeling requirements provided they are not removed from the vehicle, container, or portable tank while aboard the vessel.

[CGFR 69-72, 34 F.R. 17488, Oct. 29, 1969] § 146.07-30 Inspection.

Railroad vehicles, highway vehicles, containers or portable tanks containing

explosives or other dangerous articles or substances destined for transportation by vessel may be opened by a duly authorized representative of the Coast Guard for inspection to determine compliance with regulations applicable to such shipments.

[CGFR 58-9, 23 F.R. 4841, May 5, 1958, as amended by CGFR 69-72, 34 F.R. 17488, Oct. 29, 1969]

§ 146.07-35 Exemption of railroad and highway vehicles, container or portable tank from detailed handling or stowage requirements.

(a) Detailed regulations governing handling and stowage of permitted explosives, inflammable (flammable) liquids, inflammable (flammable) solids, oxidizing materials, corrosive liquids, compressed gases, or poisons on board vessels do not apply to such substances loaded in railroad or highway vehicles, containers, or portable tanks, provided such substances remain within the vehicles, containers or portable tanks and are certified in accordance with § 146.0720. Permit requirements for explosives (§§ 146.20-85, 146.20-87), ammonium nitrate (§ 146.22-30) and nitro carbo nitrate (§ 146.22-40) are applicable.

(b) Detailed regulations governing handling and stowage of hazardous articles or combustible liquids on board vessels do not apply to such articles or substances loaded in railroad or highway vehicles, containers, or portable tanks, provided such articles or substances are certified on the shipping paper as being properly described by name, and as being packed, marked, and in proper condition for transportation according to the regulations in this part. [CGFR 69-72, 34 F.R. 17488, Oct. 29, 1969] § 146.07-40 Stowage on board vessels.

Railroad or highway vehicles, containers, or portable tanks in which are loaded any permitted explosives or other dangerous articles or substances which are certified on the shipping papers as being described, packed, marked, and labeled in accordance with Department of Transportation regulations, or hazardous articles which are described, packed, and marked in accordance with the regulations in this part, shall when taken on board the vessel be stowed in accordance with the following provisions:

(a) Explosives. Plans and specifications for highway vehicles, and containers proposed to be used for transportation of explosives, for which a permit is required by §§ 146.20-85 and 146.20-87, shall be specifically approved by the Commandant of the Coast Guard. Vehicles or other containers loaded with permitted explosives are not required to be given magazine stowage provided the vehicles or containers form a complete magazine. Such vehicles or containers may be stowed "Under deck" and away from all sources of heat, and not overstowed. No vehicle or container containing any other dangerous articles that require a placard by this subpart shall be stowed within a distance of 100 feet or unless separated by two continuous permanent deck or bulkheads from vehicles or containers loaded with Class A or Class B explosives. Blasting caps or other detonators in any quantity shall not be transported in the same vehicle or container with any other explosives. In addition to the usual securing means provided, vehicles or containers loaded with explosives shall be anchored by an additional securing means satisfactory to the U.S. Coast Guard and the master of the vessel so as to completely secure the entire unit to prevent any movement of the body thereof.

(b) Other dangerous articles. No dangerous articles or substances may be stowed in the same vehicle or container with any other article or substance with which it is incompatible according to the regulations in this part. Vehicles or containers loaded with any other permitted dangerous article, shall be stowed on board the vessel in accordance with the stowages required in the tables for the substances within the vehicles. Such stowages are not feasible in each instance for railroad or highway vehicles or containers stowed below deck on vessels; and, for the purpose of adopting these stowages to the conditions incident to transportation of railroad and highway vehicles, and containers in this method of transportation, a conversion table is shown in paragraph (c) of this section. Permitted stowages as shown in Tables A through K for the substances loaded within the vehicles may be converted in accordance with this conversion table. When so converted the stowage in columns 2 and 3 may be utilized in lieu of the stowage indicated under column 1.

(d) Compatibility of other dangerous articles. No vehicle, container or portable tank loaded with dangerous articles requiring a placard or label under this subpart shall be stowed adjacent to a placarded or labeled vehicle, container or portable tank loaded with other dangerous articles which would not be permitted stowage in the same hold or compartment under the detailed stowage regulations, Subparts 146.19 to 146.26, unless the vehicles, containers or portable tanks are separated by an intervening watertight steel deck or bulkhead. The term "adjacent" as used in this paragraph means that a side, end, top, or bottom surface directly faces another side, end, top, or bottom surface of another container or portable tank. [CGFR 58-9, 23 F.R. 4841, May 5, 1958, as amended by CGFR 69-72, 34 F.R. 17488, Oct. 29, 1969; 34 F.R. 19030, Nov. 29, 1969]

Subpart 146.08-Railroad or Highway Vehicles Loaded With Dangerous Substances and Transported on Board Ferry Vessels 1

SOURCE: The provisions of this Subpart 146.08 contained in CGFR 58-9, 23 F.R. 4842, June 28, 1958, unless otherwise noted.

§ 146.08-1 Applicability and definitions.

(a) The regulations in this subpart apply to railroad vehicles and highway vehicles 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 railroad car ferry or ferry 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 cargocarrying body or tank attached to an

1 CGFR 69-72, 34 F.R. 17489, Oct. 29, 1969.

underframe and wheels (e.g., box car, tank car, etc.) intended for use over the railroad system.

(2) A highway vehicle is a cargocarrying body or tank attached to the chassis and wheels intended for use over the highway.

[CGFR 69-72, 34, F.R. 17489, Oct. 29, 1969] § 146.08-3 Prohibited articles.

Railroad or highway vehicles in which are loaded any explosives prohibited by subsection 3 of R.S. 4472, as amended (46 U. S. C. 170), or any other explosive or other dangerous article or substances and combustible liquids not permitted by the regulations in this part shall not be accepted, transported, carried or conveyed on board any railroad car ferry or highway vehicle ferry.

[CGFR 58-9, 23 F.R. 4842, June 28, 1958. Redesignated by CGFR 69-72, 34 F.R. 17489, Oct. 29, 1969]

§ 146.08-5 Permitted articles.

(a) Railroad or highway vehicles in which are loaded any permitted explosives or other dangerous articles or substances as defined in this subchapter may be transported, carried or conveyed on board a railroad car ferry or highway vehicle ferry provided there is compliance with the provisions of this subpart.

(b) Railroad or highway vehicles loaded with explosives or other dangerous articles or substances, and combustible liquids shall not be transported, carried or conveyed on board a passenger ferry vessel unless such explosives or other dangerous articles or substances, and combustible liquids are specifically permitted by the regulations in this part to be transported, carried or conveyed on board such vessels and provided there is compliance with the provisions of this subpart.

§ 146.08-10 Tank containers.

A railroad or highway vehicle to which is attached a tank containing any ex

plosives or other dangerous articles or substances as defined in this subchapter shall not be offered, transported, carried or conveyed on board any passenger ferry vessel unless such explosives or other dangerous articles or substances are specifically permitted by the regulations in this part to be transported, carried or conveyed on board such vessel in this manner and provided there is compliance with the provisions of this part. [CGFR 62-11, 27 F.R. 5281, June 5, 1962]

§ 146.08-15 Acceptance of railroad vehicles on board ferry vessels.

(a) The master, owner, charterer, agent or other person in charge of the vessel shall require the shipper or his agent or the delivering carrier to furnish a copy of the shipper's shipping order or a waybill prepared from information furnished in the shipper's shipping order before accepting any railroad vehicles in which are loaded explosives or other dangerous articles or substances as defined by the regulations in this part. This shipping paper shall have entered upon it the amounts and the true shipping name of the contents of the vehicle, and the names of the consignor and the consignee. In lieu of the consignee's name, shipping marks may be substituted. A transfer shipping paper shall show sufficient information to identify the preceding shipping paper.

(b) The master or other person in charge of the vessel shall assign an officer of the vessel to supervise the acceptance and stowage of railroad vehicles containing explosives or other dangerous articles or substances and combustible liquids which are permitted by the regulations in this part to be transported on board a vessel. This officer shall examine all railroad vehicles for signs of leaking or sifting of contents. For tanks, he shall examine dome covers to ascertain they are fitted securely in place; check the valves, piping, and the tank for leakage; check the tank for any excess residue of lading adhering thereto. Any vehicles found to be leaking or which show sifting of contents or having excess residue of lading adhering thereto shall not be accepted for transportation.

§ 146.08-20 Acceptance of highway ve hicles on board ferry vessels.

(a) The vessel owner, master, or offcer in charge of accepting highway vehicles on board a vessel shall require the operator of the vehicle to present a ship

ping paper which describes the lading of the vehicle in accordance with the provisions of paragraph (c) of this section.

(b) The owner or master of a vessel shall assign an officer of the vessel or other competent person to supervise the acceptance and stowage of highway vehicles containing explosives or other dangerous articles or substances and combustible liquids that are permitted by the regulations in this part to be transported on board a vessel.

(c) Highway vehicle carrier's statement: The person in charge of a highway vehicle loaded with permitted explosives or other dangerous articles or substances and combustible liquids that it is desired to transport on board a vessel shall deliver to the master, his representative or other person in charge a shipping paper or true copy thereof describing the articles of lading within the vehicle. The information given shall include at least all of the following: (1) Date.

(2) Name of highway vehicle owner. (3) Name of operator of vehicle. (4) Identification of vehicle (by mark or number or registration if a motor vehicle).

(5) Description of explosives or other dangerous articles and combustible liquids laden in the vehicle. This description shall be in accordance with the terms used in the regulations in this part and shall state the approximate weight or quantity of the dangerous articles within the vehicle and the shipping name of the dangerous substances in accordance with the commodity list herein.

(6) Such shipping paper shall bear the following certification over the written or stamped facsimile signature of the vehicle owner or his agent:

"This is to certify that the above statement accurately describes the articles within this vehicle in accordance with the information furnished by the shipper thereof, and to the best of my knowledge there are no articles within this vehicle that are not permitted to be transported on board the vessel utilized in accordance with regulations of the Commandant of the Coast Guard."

§ 146.08-25 Empty tank containers.

For conditions governing transportation of empty tanks, forming a part of railroad or highway vehicles and which recently contained a substance defined as dangerous by the regulations in this part, see 146.27-100.

§ 146.08-30 Exemption of railroad and highway vehicles from detailed handling or stowage requirements. (a) Detailed regulations governing handling and stowage of permitted explosives, inflammable liquids, inflammable solids, oxidizing materials, corrosive liquids, compressed gases or poisons on board vessels do not apply to such substances loaded in railroad and highway vehicles, provided such substances remain within the vehicle and are certifled as being in proper condition for transportation according to the regulations of the Department of Transportation in effect at the time of shipment.

(b) Detailed regulations governing handling and stowage of hazardous articles or combustible liquids on board ferry vessels do not apply to such articles or substances loaded in railroad or highway vehicles, provided such articles or substances are properly described by name and packed and marked and in proper condition for transportation according to the regulations in this part. § 146.08-35 Stowage of railroad or highway vehicles.

(a) Highway vehicles in which are loaded any permitted explosives or other dangerous articles or combustible liquids which are certified by the vehicle operator in accordance with the provisions of this subpart shall when taken on board a ferry vessel be stowed in accordance with the provisions for "Ferry stowage (AA)" as shown in § 146.03-34(k). Highway vehicles containing carbon dioxide, solid, either as cargo or as a refrigerant shall be stowed in a well-ventilated location.

(b) Railroad vehicles in which are loaded any permitted explosives or other dangerous articles or substances which are certified on the shipping papers as being described, packed, marked, and labeled in accordance with the DOT regulations, or hazardous articles packed, marked, and labeled in accordance with the regulations in this part may be stowed in any location on the car deck away from heat on board a railroad car ferry operating as a cargo vessel. Railroad vehicles containing carbon dioxide, solid, either as cargo or as a refrigerant, shall be stowed in a well-ventilated location.

(c) Railroad vehicles in which are loaded any permitted explosives or other dangerous articles or substances which are certified on the shipping papers as

being described, packed, marked, and labeled in accordance with the DOT regulations, or combustible liquids or hazardous articles certified on the shipping papers as being described, packed, marked, and labeled as required by the regulations in this part shall be stowed in a location on the car deck in accordance with the provisions of "Ferry stowage (BB)" on board a railroad car ferry operating as a passenger vessel. (See § 146.03-34(1).) Railroad vehicles containing carbon dioxide, solid, either as cargo or as a refrigerant, shall be stowed in a well-ventilated location. § 146.08-40

Control of highway vehicle.

(a) The operator or person in charge of a highway vehicle containing any of the permitted dangerous articles as defined by the regulations in this part, when entering upon or while being transported upon any vessel, shall observe the following rules:

(1) Deliver to the vessel's representative the vehicle carrier's statement covering the lading of the vehicle as required by § 146.08-20.

(2) Drive the vehicle to the location indicated by the vessel's representative.

(3) Securely set the brakes of the vehicle to prevent movement.

(4) Shut off the motor and do not restart same until the vessel has completed its voyage and docked.

(5) Cut off all vehicle lights and do not relight same until the vessel has completed its voyage and docked.

(6) Remain with the vehicle.

(7) Make no repairs or adjustments to the vehicle while on board the vessel. (8) Observe any instructions given by the vessel's representative during the voyage, or during "drive on" or "drive off" operations.

(b) Smoking by any person within the vehicle is prohibited.

§ 146.08-45 Private passenger type motor vehicles (automobiles).

(a) Such vehicles shall not be offered or accepted for transportation on board passenger-carrying ferries while having within the automobile any permitted explosives (except permitted fireworks or small arms ammunitions) unless complying with all the provisions of the regulations in this part regarding such substances. Such automobiles shall not have within the vehicle any other dangerous articles or substances or combustible liquid as defined in the