AUTHORITY: The provisions of this Part 146 issued under R.S. 4405, as amended, 4462, as amended, 4472, sec. 6(b)(1), 80 Stat. 938; 46 U.S.C. 375, 416, 170, 49 U.S.C. 1665(b); 49 CFR 1.46 (b), (35 F.R. 4959), unless otherwise noted. Interpret or apply sec. 3, 68 Stat. 675; 50 U.S.C. 198; E.O. 11239, July 31, 1965, 80 F.R. 9671, 3 CFR, 1965 Supp.

CROSS REFERENCE: For regulations of the Department of Transportation relating to the transportation of explosives and other dangerous articles, see 49 CFR Parts 170–179. Subpart 146.01-Preface

SOURCE: The provisions of this Subpart 146.01 contained in Order 74, 6 FR. 254, Jan. 11, 1941, unless otherwise noted.

§ 146.01-1 Purpose of regulations.

The purpose of the regulations in this subchapter is to promote safety in the handling, stowage, storage and transportation of explosives or other dangerous articles or substances, and combustible liquids, as defined herein, on board vessels on any navigable waters within the limits of the jurisdiction of the United States including its territories and possessions excepting only the Panama Canal Zone and to make more effective the provisions of the International Convention for the Safety of Life at Sea, 1960, relative to the carriage of dangerous goods.

[CGFR 66-28, 81 F.R. 8296, June 14, 1966] § 146.01-2 Source of regulations.

The Commandant of the Coast Guard shall by regulation define, describe, name and classify all explosives or other dangerous articles or substances, and combustible liquids and shall establish such regulations as may be necessary to make effective the purpose intended.

[Order 74, 6 FR. 254, Jan. 11, 1941, as amended by CGFR 47-35, 12 F.R. 4184, June 27, 1947]

§ 146.01-3 Plan of regulations.

Regulations setting forth general requirements covering the transportation of explosives or other dangerous articles or substances, and combustible liquids will be found in §§ 146.01-1 to 146.10-50. Regulations setting forth detailed requirements applicable to individual substances will be found under their particular classification in §§ 146.20-1 to 146.27100.

Class 3-Inflammable liquids.---.

Class 4-Inflammable solids, substances which are spontaneously combustible or substances emitting inflammable gases when wet.

Inflammable liquids and combustible liquids. Inflammable solids.

Class 7-Radioactive materials.. Class 8-Corrosives__‒‒

Extremely dangerous poison, Class A.
Less dangerous poison, Class B.

Tear gas or irritating substances,
Class C.

Radioactive materials.
Corrosive liquids.

(b) The classifications in column 1 may be used on dangerous cargo manifests, lists or stowage plans and other shipping documents to describe dangerous articles that are being offered to water carriers for transportation in export trade or that are imported for ultimate delivery within the same port area. [CGFR 66-28, 31 F.R. 8296, June 14, 1966, as amended by CGFR 68-142, 34 F.R. 2084, Feb. 12, 1989]

§ 146.01-5 Changes in regulations.

Changes in regulations usually result from the development of new information, altered conditions, improvement in manufacture, or modernized commercial practices. Proposals for changes will be considered by the Commandant of the Coast Guard on his own motion or upon a request submitted by any carrier interest, by industry, or other interested party. [Order 74, 6 F.R. 254, Jan. 11, 1941, as amended by CGFR 47-35, 12 F.R. 4184, June 27, 1947] § 146.01-6 Provision for notice and public hearing.

Additions, alterations, amendments or repeals of any of the regulations in this subchapter except in an emergency, shall be published and public hearings with respect thereto shall be held on such notice as the Commandant of the Coast Guard deems advisable under the circumstances. Any additions, alterations,

9

amendments or repeals shall, unless & shorter time is authorized by the Commandant of the Coast Guard take effect 90 days after their promulgation. [Order 74, 6 F.R. 254, Jan. 11, 1941, as amended by CGFR 47-35, 12 F.R. 4184, June 27, 1947]

§ 146.01-7 Inflammable or combustible liquids in bulk.

Nothing in the regulations in this part shall be construed as affecting the transportation of inflammable or combustible liquids in bulk, such transportation being governed by the regulations promulgated under the provisions of section 4417a of the Revised Statutes, as amended (49 Stat. 1889, sec. 3, 54 Stat. 1028; 46 U.S.C. 391a).

§ 146.01-8 Effective date of regulations.

The regulations in this subchapter became effective on and after April 9, 1941. [CGFR 53-26, 18 F.R. 5205, Sept. 1, 1958] § 146.01-9 Supersedes existing rulings.

All rulings in existence on the effective date of the regulations in this part regarding transportation, packing, marking, labeling or storage, as cargo, of explosives or other dangerous articles or substances, and combustible liquids, on board vessels as promulgated by the office of the Director of the Bureau of Marine Inspection and Navigation are super

General rules and regulations in existence on the effective date of the regulations in this part (Apr. 9, 1941) regarding the transportation, packing or stowage, as cargo, on board passenger vessels of hay, straw, baled cotton, baled hemp, or other inflammable material, and refined petroleum having a flashpoint of not less than 110° F., lubricating oils, kerosene or other illuminating oils as promulgated by the Board of Supervising Inspectors of the Bureau of Marine Inspection and Navigation are superseded by the regulations in this part. § 146.01-11 Other requirements under title 52 of the Revised Statutes. Nothing contained in the regulations in this subchapter shall be construed as relieving any vessel subject to the provisions of the regulations in this part from any other of the requirements of title 52 (secs. 4399 to 4500, inclusive) of the Revised Statutes of acts amendatory or supplementary thereto and regulations thereunder applicable to such vessel, which are not inconsistent herewith. § 146.01-12 Local regulations.

Nothing in the regulations in this subchapter shall be construed as preventing the enforcement of reasonable local regulations, now in effect or hereafter adopted, when such regulations are not inconsistent or in conflict with the provisions of the regulations in this part. § 146.01-13 Penalties.

(a) Whoever shall knowingly violate any of the provisions of R.S. 4472, as amended, or any of the regulations established thereunder shall be subject to a penalty of not more than $2,000 for each violation. In the case of any such violation on the part of the owner, charterer, agent, master, or person in charge of the vessel, such vessel shall be liable for the penalty and may be seized and proceeded against by way of libel in the district court of the United States in any district in which such vessel may be found.

(b) When the death or bodily injury of any person results from the violation

of R.S. 4472, as amended, or any regulations made in pursuance thereof, the person or persons who shall have knowingly violated or caused to be violated such provisions or regulations shall be fined not more than $10,000 or imprisoned not more than 10 years, or both. [CGFR 63-19, 28 FR. 5379, May 30, 1963] Subpart 146.02-General Regulations § 146.02-1 Scope of regulations.

(a) The regulations in this part define explosives or other dangerous articles or substances, and combustible liquids for purposes of safety in transportation or storage on board vessels;

(b) Set forth the requirements that shall be observed in the preparation and packing of explosives or other dangerous articles or substances, and combustible liquids for shipment or storage on board vessels;

(c) Set forth the descriptive name, shipping name, requirements relative to certification, containers, marking, labeling, information required on bills of lading or other shipping papers, manifests or cargo stowage plans;

(d) Set forth the provisions under which permitted explosives or other dangerous articles or substances, and combustible liquids within the scope of the definitions given herein, may be accepted, handled, stored, stowed, or transported on board vessels, and with respect to rejection and report of faulty containers and the disposition of any explosives or other dangerous articles or substances, and combustible liquids found to be in an unsafe condition when on board a vessel;

(e) Establish such other requirements as may be necessary to make effective the purposes of R. S. 4472, as amended. [Order 74, 6 F.R. 256, Jan. 11, 1941] § 146.02-2 Application to vessels.

The regulations in this subchapter apply to all vessels, domestic or foreign, regardless of character, tonnage, size, service and whether self-propelled or not, whether arriving or departing, or under way, moored, anchored, aground, or while in drydock to the extent and in the manner indicated herein.

(a) The regulations in this part shall not apply to any public vessel which is not engaged in commercial service.

(b) The regulations of this part shall not apply to any vessel subject to the provisions of R.S. 4417a, as amended, which is constructed or converted for the

principal purpose of carrying inflammable or combustible liquid cargo in bulk in its own tanks, except such vessel shall be subject to the provisions of R.S. 4472, as amended, with respect to explosives prohibited to be transported, stored, or stowed on board any vessel.

(c) Regulations with respect to explosives prohibited by subsection 3, of R.S. 4472, as amended, apply to all vessels.

(d) Regulations with respect to the transportation, storage, or stowage of high explosives on board passenger vessels apply to all vessels defined as "Passenger Vessels" in § 146.03-36.

(e) Regulations with respect to the transportation, storage or stowage of high explosives on board vessels, other than passenger-carrying vessels, apply to all vessels defined as "Barges" or "Cargo Vessels" in § 146.03-36.

(f) Regulations with respect to the transportation, storage or stowage of explosives (other than high explosives) or other dangerous articles or substances apply to all vessels, except vessels specifically exempted from such regulations by the provisions of R.S. 4472, as amended, or vessels that are, or may be, specifically exempted by the regulations in this part. Vessels specifically exempted by R.S. -4472, as amended, are:

(1) Vessels not exceeding fifteen (15) gross tons when not engaged in carrying passengers for hire;

(2) Vessels used exclusively for pleas>ure:

(3) Vessels, not exceeding five hundred (500) gross tons while engaged in the fisheries;

(4) Tugs or towing vessels, except as to fire prevention and extinguishing requirements provided for by subsection 6 (b) (4) of R.S. 4472, as amended;

(5) Cable vessels, dredges, elevator vessels, fireboats, ice-breakers, pile drivers, pilot boats, welding vessels, salvage and wrecking vessels.

(g) Inflammable or combustible liquid cargo in bulk is also exempt from the regulations in this part: Provided, however, That the handling and stowage of such liquid cargo in bulk, on board vessels to which the regulations in this part may apply, shall be subjected to the provisions of section 4417a of the Revised Statutes, as amended.

(h) Regulations with respect to the transportation, storage, or stowage of combustible liquids packed in barrels, drums, or other packages apply only to passenger vessels.

(i) In addition to complying with the requirements of this part, foreign vessels of novel design or construction or whose operation involves potentially unusual risks shall be subject to inspection to the extent necessary to safeguard life and property in U.S. ports. For details concerning inspection, see §§ 2.01-13, 30.01-5, 70.05-3, 90.05-1, and 151.01-10 of this chapter.

(j) Unmanned tank barges carrying in bulk any of the cargoes enumerated in Table 151.01-10 (b) of this chapter shall be subject to the provisions of Subchapter O of this chapter. The regulations of this part shall not apply to any barge subject to the provisions of Subchapter O of this chapter and carrying any cargo listed in Table 151.01-10(b) of this chapter, except such vessel shall be subject to the provisions of R.S. 4472, as amended (46 U.S.C. 170), with respect to explosives prohibited to be transported, stored, or stowed on board any vessel. [Order 74, 6 F.R. 256, Jan. 11, 1941, as amended, CGFR 70-10, 35 F.R. 3712, Feb. 25, 1970] § 146.02-3 Application to shippers.

Regulations with respect to definitions, descriptive name, shipping name, packing, marking, authorized containers, labeling and certification of shipments of explosives or other dangerous articles or substances, and combustible liquids, apply to all shippers offering such articles or substances for transportation or storage on board vessels to which the regulations in this part apply.

[Order 74, 6 F.R. 256, Jan. 11, 1941, as amended, CGFR 47-35, 12 FR. 4184, June 27, 1947] § 146.02-4 Application to others.

The provisions of the regulations in this part, insofar as applicable to them respectively, are binding upon owners, charterers, agents, masters, or persons in charge of vessels subject to the regulations in this part and upon all other persons transporting, carrying, conveying, handling, storing or stowing on board such vessels any explosives or other dangerous articles or substances, and combustible liquids.

[Order 74, 6 F.R. 256, Jan. 11, 1941, as amended, CGFR 47-35, 12 FR. 4184, June 27, 1947] § 146.02-5 Compliance.

The applicable provisions of the regulations in this part shall be observed by: (a) All vessels, domestic or foreign, subject to the regulations in this part, and the owners, charterers, agents, masters or persons in charge of such vessels;

(b) Railway or highway carriers and their operators, owners, agents or representatives when vehicles operated by such carriers and loaded with explosives or other dangerous articles or substances, and combustible liquids are offered for transportation or enter on board a vessel;

(c) All shippers, their agents or other persons offering explosives or other dangerous articles or substances, and combustible liquids for transportation on board vessels;

(d) All persons engaged in the acceptance, handling, stowage, storage or transportation of explosives or other dangerous articles or substances, and combustible liquids on board vessels;

(e) All shippers or carriers of explosives or other dangerous articles or substances, and combustible liquids shall instruct their employees relative to the provisions of the regulations in this part. [Order 74, 6 F.R. 256, Jan. 11, 1941, as amended, CGFR 47-35, 12 F.R. 4184, June 27, 1947] § 146.02-6

Enforcement.

(a) The provisions of R.S. 4472, as amended, and the regulations in this subchapter shall be enforced by the U.S. Coast Guard of the Department of Transportation. Enforcement officers may at any time and at any place within the jurisdiction of the United States board any vessel for the purpose of enforcing the provisions of the regulations in this subchapter.

(b) Any collector of customs may, when possessing knowledge that a vessel is violating any provisions of the statute or regulations established thereunder, by written order served on the master, person in charge of such vessel, or the owner or charterer thereof, or the agent of the owner or charterer, detain such vessel until such time as the provisions of the statute and the regulations in this subchapter have been complied with. The master, person in charge or owner or charterer or the agent of the owner or charterer of a vessel so detained may, within 5 days, appeal to the Commandant of the Coast Guard who may, after investigation, affirm, set aside, or modify the order of the collector.

[CGFR 47-35, 12 F.R. 4184, June 27, 1947] § 146.02-6a Assignment and certifica

tion.

(a) The National Cargo Bureau, Inc., is authorized to assist the United States Coast Guard in administering the pro

visions of the Dangerous Cargo Act (R.S. 4472, as amended, 46 U.S.C. 170) and the regulations in this subchapter with respect to:

(1) Inspection of vessels for suitability for loading dangerous cargo;

(2) Examination of stowage of dangerous cargo;

(3) Making recommendations as to stowage requirements of dangerous cargo; and

(4) Issuance of certificates of loading setting forth that the stowage of dangerous cargo is in accordance with the regulations in this subchapter.

(b) Certificates of loading of the National Cargo Bureau, Inc., may be accepted as prima facie evidence of compliance with the Dangerous Cargo Act (R.S. 4472, as amended, 46 U.S.C. 170) and the regulations in this subchapter.

[CGFR 52-50, 17 F.R. 9188, Oct. 17, 1952] § 146.02-7 Military or naval forces.

The provisions of the regulations in this part shall not be construed to prevent the transportation of military or naval forces with their accompanying munitions of war and stores.

[Order 74, 6 F.R. 257, Jan. 11, 1941]

§ 146.02-8 U.S. Government shipments.

(a) Shipments of explosives or other dangerous articles or substances offered by or consigned to the Departments of the Army, Navy, or Air Force of the United States Government shall be packed, including limitations of weight, in accordance with the Interstate Commerce Commission regulations for the transportation of explosives or other dangerous articles in effect at the time of shipment, or in containers of equal or greater strength and efficiency as required by the regulations of these Departments.

(b) Shipments of radioactive materials, made by the Atomic Energy Commission, or under its direction or supervision, which are escorted by personnel specially designated by the Atomic Energy Commission, are exempt from the regulations in this part.

[CGFR 52-8, 17 F.R. 6461, July 17, 1952] § 146.02-9 Canadian shipments.

Shipments of explosives (except commercial Class A explosives) or other dangerous articles or combustible liquids as defined in this subchapter, which are packed, marked, and labeled in conformity with the regulations of the Canadian