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, 84 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 F.R. 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 inspection immediately prior to entering 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 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 FR. 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