§ 146.06-12

Dangerous cargo manifest, list or stowage plan required.

(a) 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 navigable waters of the United States, have on board a separate dangerous cargo manifest, list, or stowage plan.

(b) This manifest, list, or stowage plan 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 8 146.06-15 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.

(c) The manifest list or stowage plan must be kept in a holder located on or near the bridge of the vessel and produced upon demand of the Commandant of the Coast Guard or his authorized representative. Any special permit dealing with the transport of dangerous cargo which is required to be aboard the vessel must be kept in this holder.

(d) 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, list or stowage plan and shall produce said manifest or list in accordance with the provisions of § 146.02-22.

[CGFR 64-20, 29 F.R. 6789, May 23, 1964, as amended by CGD 71-12a, 37 F.R. 14586, July 21, 1972]

EFFECTIVE DATE: The amendment at 37 F.R. 14586 is effective Oct. 31, 1972. For the convenience of the user, the superseded text appears below.

(c) The manifest, list or stowage plan aboard the vessel shall be produced upon demand of the Commandant of the Coast Guard or his authorized representative.

§ 146.06-14

Source of information shown on manifest, list, or stowage plan.

(a) The information required to appear on a dangerous cargo manifest, list, or stowage plan by the provisions of 8146.06-15(b) 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, list, or stowage plan is made, shall cause the information required to be correctly transcribed. The person preparing or supervising the preparing of the dangerous cargo manifest shall certify to the truth and accuracy of the information on it to the best of his knowledge and belief by his signature and a notation of the date prepared.

(b) The master, or a licensed deck officer designated by the master and attached to the vessel, or the person in charge of a barge, shall, by his signature, acknowledge the correctness of the dangerous cargo manifest, list, or stowage plan. The provisions of this paragraph shall not apply to unmanned barges. (Sec. 1, 49 Stat. 1889; 46 U.S.C. 391a) [CGFR 69-72, 34 FR. 17487, Oct. 29, 1969]

§ 146.06-15 Information required оп manifests, lists, or stowage plans.

(a) Vessel owners, charterers, agents masters or persons in charge of vessels, including barges, shall insure that a separate dangerous cargo manifest, list or stowage plan is prepared for any vessel transporting explosives or other dangerous articles or substances, including passenger vessels carrying combustible liquids in outside containers.

(b) This manifest, list or stowage plan shall show thereon the following information:

(1) Name of vessel and official number. (If the vessel has no official number, the international radio call sign shall be

substituted.)

(2) Nationality of vessel.

(3) True shipping name of all explosives and other dangerous articles as given in the commodity list of the regulations in this part. For other than domestic shipments, when the shipping name of a commodity is an "N.O.S."

entry in the particular table, this entry shall be qualified by the chemical name of the commodity in parentheses, e.g., "Corrosive Liquid, N.O.S. (caprylyl chloride)."

(4) Tonnage in bulk shipment or the number and description of packages (such as barrels, drums, cylinders, boxes, etc.) and their gross weight.

(5) Classification of the substances in accordance with the regulations in this part (such as explosive, inflammable liquid, compressed gas, hazardous article, etc.). See § 146.01-4 of this Subchapter.

(6) Label applied to the package if any required.

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

[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. 17487, Oct. 29, 1969]

§ 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(a) and 146.06-12 (c) applying to "Dangerous Cargo Manifest" or "Dangerous Cargo List."

(b) The dangerous cargo manifest or Ust 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 by CGFR 65-17, 30 F.R. 7438, June 5, 1965]

Subpart 146.07-Railroad Vehicles, Highway Vehicles, Containers or Portable Tanks Loaded With Explosives or Other Dangerous Articles and Transported on Board Ocean Vessels 1

§ 146.07-1 Applicability and definitions.

(a) The regulations in this subpart apply to railroad vehicles, highway vehicles, containers and portable tanks 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. Tank car units shall be handled by "roll-on/rolloff" methods on vessels specially equipped for their securing or as provided in subparagraph (b)(5) of this section.

(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. Tank vehicle units shall be handled by "roll-on/roll-off" methods on vessels specially equipped for their securing or as provided in subparagraph (b) (6) of this section.

(3) A container is defined as a cargocarrying unit which is designed and constructed to transport packaged or dry bulk cargoes. The container is designed to be placed on board a vessel intact, with or without cargo. When used as a land transportation unit it may be integrated with a chassis to form a highway vehicle.

(4) A portable tank is defined as a tank with a capacity in excess of 110 U.S. gallons which is designed and constructed for transporting liquids or compressed gases, equipped with skids, mountings, or other accessories to facilitate handling and securing by mechan

1 CGFR 69-72, 34 F.R. 17487, Oct. 29, 1969.

ical means, and to be lifted on and lifted off the vessel with its contents. The maximum acceptable gross weight for portable tanks is 20,000 pounds. Portable tanks in excess of 20,000 pounds gross weight and other portable tanks not specifically authorized by the regulations of this part may be authorized by the Commandant of the Coast Guard (see § 146.02-25) provided an equivalent degree of safety can be provided, e.g., by a controlled container-handling system. (5) A trainship is a vessel other than a railroad car ferry or carfloat designed to transport railroad vehicles. If special loading and discharging gear is provided for the tank cars, which will not add additional stresses to the tank structure, they may be handled by this gear without the loading and discharging limitations of subparagraph (b)(1) of this section being applicable to this vessel.

(6) A trailership is a vessel other than a highway vehicle ferry or carfloat designed to transport highway vehicles. If special loading and discharging gear is provided for the tank vehicles, which will not add additional stresses to the tank structure, they may be handled by this gear without the loading and discharging limitations of subparagraph (b) (2) of this section being applicable to this vessel.

(7) A containership is a vessel designed and constructed to transport portable tanks and containers which are lifted on and lifted off with their contents intact.

[CGFR 66-28, 31 F.R. 8298, June 14, 1966, as amended by CGFR 69-72, 34 F.R. 17487, Oct. 29, 1969; 34 F.R. 19030, Nov. 29, 1969] § 146.07-5 Permitted shipments.

(a) Railroad vehicles, highway vehicles, containers or portable tanks 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, containers or portable tanks in which are loaded explosives or other dangerous articles or substances or combustible liquids shall not be transported, carried or conveyed on board passenger vessels unless such items are specifically

permitted by the regulations in this part to be transported, carried or conveyed on board passenger vessels, and provided there is compliance with the regulations in this subpart.

(c) Containers and packages of explosives, inflammable (flammable) liquids, inflammable (flammable) solids, oxidizing materials, corrosive liquids, compressed gases, poisons, and hazardous articles shall be so braced and secured in accordance with Department of Transportation Regulations (49 CFR Parts 170-190) for the vehicle concerned as to prevent movement within the railroad vehicle, highway vehicle, container or portable tank in which they are being transported. Portable tanks having valves or other fittings must have the valves or fittings protected and be so loaded that there will be a minimum likelihood of damage thereto during transportation. Packages marked with storage instructions such as "This side up" or "This end up" shall be so stowed.

(d) Railroad vehicles, highway vehicles, containers and portable tanks equipped with refrigerating or heating equipment using a flammable liquid or gas as fuel, and having such fuel in the fuel tank shall be transported only "On deck". Such equipment may be operated on board the vessel when the "On deck" stowage is provided. Equipment stowed on deck may be refueled under supervision of a qualified officer of the vessel assigned for such duty who shall ensure that adequate safety precautions are observed. Railroad vehicles, highway vehicles containers and portable tanks having refrigerating or heating equipment operated by internal combustion engines using fuel other than a flammable liquid or gas may be stowed and operated below deck provided that dangerous concentrations of carbon monoxide do not develop. The senior deck officer shall see that tests of the carbon monoxide content of the atmosphere are made as frequently as conditions require. Such tests shall be made in the area in which persons are working, by persons acquainted with the test equipment and procedure. The concentration of carbon monoxide in the holds and intermediate decks where persons are working shall be maintained at not more than 50 parts per million (0.005%) as a time weighted average, and persons shall be removed from the area

if the concentration exceeds 75 parts per million (0.0075%). When necessary, a mechanical ventilation system of adequate capacity shall be utilized. The stowage shall be in accordance with the requirements of this part for the particular commodity. If the equipment is secured, and the fuel tank completely drained, the railroad vehicle, container, or portable tank may be stowed in accordance with the requirements of this part and subpart without any further restrictions.

(e) All of that portion of the lading of any railroad vehicle, highway vehicle, container, or portable tank which consists of explosives or other dangerous articles shall be contained entirely within its body or within the horizontal outline thereof, without overhang or projection of any part of the load, and if such railroad vehicle, highway vehicle, container, or portable tank has a tailboard or tailgate, it shall be closed and secured in place during such transportation. [CGFR 69-72, 34 F.R. 17487, Oct. 29, 1969] § 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 Dangerous 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 vehlcles, 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.

[CGFR 69-72, 34 F.R. 17488, Oct. 29, 1969, as amended at CGFR 71-157, 36 F.R. 23218, Dec. 7, 1971]

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 FR. 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 vehicle, containers or portable tanks and are certified in accordance with § 146.0720. Permit requirements for explosives (§§ 146.20-85, 146.20-87), ammonium ni

trate (§ 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