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[CGFR 52-8, 17 F. R. 6493, July 17, 1952; 17 F. R. 11881, Dec. 31, 1952, as amended by CGFR 53-54, 18 F. R. 8241, Dec. 16, 1953]

SUBPART-DETAILED REGULATIONS GOVERNING

POISONOUS ARTICLES

SOURCE: §§ 146.25-1 to 146.25-400 contained in CGFR 52-8, 17 F. R. 6509, July 17, 1952; 17 F. R. 11881, Dec. 31, 1952, except as otherwise noted.

§ 146.25-1 Definition of poisonous articles. (a) Poisonous articles are divided by the Interstate Commerce Commission regulations into four classes according to degree of hazard in transportation. These are:

Extremely dangerous poisons-Class A Less dangerous poisons-Class B. Tear gases or irritating substances-Class C.

Radioactive materials-Class D.

(b) These poisonous articles are defined by the Interstate Commerce Commission regulations as set forth in §§ 146.25-5, 146.25-10, 146.25-15, and 146.25-20, and such definitions are binding upon all shippers making shipments of poisonous articles by common carrier vessels engaged in interstate or foreign commerce by water. These definitions are accepted and adopted and form part of the regulations in this subchapter and apply to all shippers making shipments of poisonous articles by any vessel and

shall apply to owners, charterers, agents, master or other person in charge of a vessel and to other persons, transporting, carrying, conveying, storing, stowing, or using poisonous articles on board vessels subject to R. S. 4472, as amended (46 U. S. C. 170), and the regulations in this subchapter.

§ 146.25-5 Extremely dangerous poisons, Class A, poison gas label. Poisonous gases or liquids of such nature that a very small amount of the gas, or vapor of the liquid, mixed with air is dangerous to life. This class includes the following:

Bromacetone. Cyanogen.

Cyanogen chloride containing less than 0.9 percent water. Diphosgene. Ethyldichlorarsine. Hydrocyanic acid.1 Lewisite.

Methyldichlorarsine.
Mustard gas.

Nitrogen peroxide (tetroxide).
Phenylcarbylamine chloride.

Phosgene (diphosgene).

1 Dilute solutions of hydrocyanic acid of not exceeding 5 percent strength are classed as poisonous articles, Class B.

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§ 146.25-10 Less dangerous poisons, Class B, liquids and solids, poison label. (a) Poisonous liquids or solids (including pastes and semi-solids), other than Class A, C, or D poisons, which are known to be so toxic to man as to afford a hazard to health during transportation, or which, in the absence of adequate data on human toxicity, are presumed to be toxic to man because they fall within any one of the following categories when tested on laboratory animals:

(1) Oral toxicity. Those which produce death within 48 hours in half or more than half of a group of 10 or more white laboratory rats weighing 200 to 300 grams at a single dose of 50 milligrams or less per kilogram of body weight, when administered orally.

(2) Toxicity on inhalation. Those which produce death within 48 hours in half or more than half a group of 10 or more white laboratory rats weighing 200 to 300 grams, when inhaled continuously for a period of 1 hour or less at a concentration of 2 milligrams or less per liter of vapor, mist, or dust, provided such concentration is likely to be encountered by man when the chemical product is used in any reasonable foreseeable manner.

(3) Toxicity by skin absorption. Those which produce death within 48 hours in half or more than half of a group of 10 or more rabbits tested at a dosage of 200 milligrams or less per kilogram body weight, when administered by continuous contact with the bare skin for 24 hours or less.

(b) The foregoing categories shall not apply if the physical characteristics or the probable hazards to humans as shown by experience indicate that the substances will not cause serious sickness or death. Neither the display of danger or warning labels pertaining to use nor the toxicity tests set forth above shall prejudice or prohibit the exemption of any substances from the provisions of the regulations in this part.

§ 146.25-15 Tear gas or irritating substances, Class C, tear gas label. Tear gases are liquid or solid substances which upon contact with fire or when exposed to air give off dangerous or intensely irritating fumes, such as brombenzylcyanide, chloracetophenone, diphenylamine-chlorarsine, and diphenylchlorarsine, but not including any poisonous article, Class A.

§ 146.25-20 Radioactive materials, Class D, radioactive materials label. (a)

Radioactive material is any material or combination of materials that spontaneously emits ionizing radiation. For the purpose of the regulations in this part radioactive materials are divided into 3 groups according to the type of rays emitted at any time during transportation, as follows:

(1) Group I. Radioactive materials that emit gamma rays only or both gamma and electrically charged corpuscular rays.

(2) Group II. Radioactive materials that emit neutrons and either or both types of radiation characteristic of Group I materials.

(3) Group III. Radioactive materials that emit electrically charged corpuscular rays only, i. e., alpha or beta, etc., or any other radioactive material that is so shielded that the gamma radiation at the surface of the package does not exceed 10 milliroentgens' per 24 hours at any time during transportation.

§ 146.25-25 Exemptions for radioactive materials. (a) Radioactive materials are exempt from prescribed packaging, marking other than the name of the contents, and labeling requirements, provided they fulfill all of the following conditions:

(1) The package must be such that there can be no leakage of radioactive materials under conditions normally incident to transportation.

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(2) The package must contain not more than 0.1 millicuries of radium, or polonium, or that amount of strontium 89, strontium 90, or barium 140 which disintegrates at a rate of more than 5 million atoms per second; or that amount of any other radioactive substance which disintegrates at a rate of more than 50 million atoms per second.

(3) The package must be such that no significant alpha, beta, or neutron radiation is emitted from the exterior of the package, and the gamma radiation at any surface of the package must be less than 10 milliroentgens per 24 hours.

1 In determining compliance with requirements of these regulations, all measurements of radiation must be made with a LandsverkWollan Electrometer Model L-100, or equally efficient standardized meter.

'For purposes of the regulations in this part 1 millicurie is that amount of any radioactive material which disintegrates at the rate of 37 million atoms per second.

(b) Manufactured articles other than liquids, such as instrument or clock dials of which radioactive materials are a component part, and luminous compounds, when securely packed in strong outside containers are exempt from specification packaging, marking other than name of contents, and labeling requirements provided the gamma radiation at any surface of the package is less than 10 milliroentgens per 24 hours.

(c) Radioactive materials, such as ores, residues, etc., of low activity, packed in strong tight containers, are exempt from specification packaging, marking other than name of contents, and labeling requirements for transportation on board vessels only if the gamma radiation or equivalent at any point in any space or area continuously occupied by passengers, crew, or shipments of animals, will not exceed 40 milliroentgens per 24 hours at any time during transportation.

§ 146.25-30 Packing and shielding of radioactive materials. (a) Not more than 2,000 millicuries of radium, polonium, or other members of the radium family of elements, and not more than that amount of any other radioactive substance which disintegrates at a rate of 100,000 million (10") atoms per second may be packed in one outside container for transportation on board vessels, except by special arrangements and under conditions approved by the Commandant of the Coast Guard.

(b) Radioactive materials that present special hazards due to their tendency to remain fixed in the human body for long periods of time (i. e., radium, plutonium, and radioactive strontium, etc.) must, in addition to the packing prescribed in this subpart, be packed in inside metal containers (ICC specification 2R) or other containers approved by the Bureau of Explosives, and authorized by the Commandant of the Coast Guard.

(c) All radioactive materials must be so packed and shielded that the degree of fogging of undeveloped film under conditions normally incident to transportation (24 hours at 15 feet from the package) will not exceed that produced by 11.5 milliroentgens of penetrating gamma rays of radium filtered through 2 inch of lead.

(d) The design and preparation of the package must be such that there will be no significant radioactive surface contamination of any part of the container.

(e) The smallest dimension of any outside shipping container for radioactive materials must not be less than 4 inches.

(f) All outside shipping containers must be of such design that the gamma radiation will not exceed 200 milliroentgens per hour or equivalent at any point of readily accessible surface. Containers must be equipped with handles and protective devices when necessary in order to satisfy this requirement.

(g) The outside shipping container for radioactive material unless specifically exempt by § 146.25-25 (a), (b), or (c), must be a wooden box (ICC specification 15A or 15B), fiber drum (ICC specification 21A), or a fiberboard box (ICC specification 12B), except that equally efficient containers may be used when approved by the Bureau of Explosives and authorized by the Commandant of the Coast Guard.

(h) Radioactive materials, Group 1, liquid, solid, or gaseous, must be packed in suitable inside containers completely surrounded by a shield of lead or other suitable material of such thickness that at any time during transportation the gamma radiation will not exceed 10 milliroentgens per hour at a distance of one meter (39.3 inches). The shield must be so designed that it will not break or open under conditions incident to transportation. The minimum shielding must be sufficient to prevent the escape of any primary corpuscular radiation to the exterior of the outside shipping container.

(j) (1) Radioactive materials, Group II, liquid, solid, or gaseous, must be packed in suitable inside containers completely shielded so that at any time during transportation the radiation measured at right angles to any point on the long axis of the shipping container will not exceed the following specified limits:

(i) Gamma radiation of 10 mrhm. (ii) Electrically charged corpuscular radiation which is the physical equivalent of 10 mrhm. of gamma radiation.

1 For the purposes of the regulations in this part the "Physical Equivalent" of a roentgen is that dose of any ionizing radiation which results in the absorption in tissue of ionizing energy equivalent to 93 ergs per gram of tissue. This is approximately the dose which is imparted to soft tissue by 1 roentgen of gamma or X-rays but it may be imparted by corpuscular radiation which is not measured in terms of roentgens.

(iii) Neutron radiation which is the physical equivalent of 2 mrhm. of gamma radiation.

(iv) If more than one of the types of radiation named in subdivisions (i) (ii), and/or (iii) of this subparagraph is present, the radiation of each type must be reduced by shielding so that the total does not exceed the equivalent of subdivisions (i), (ii), or (iii) of this subparagraph.

(2) The shielding must be designed so as to maintain its efficiency under conditions normally incident to transportation and must provide personnel protection against fast or slow neutrons and all other ionizing radiation originating in the radioactive materials or any part of the aggregate constituting the complete package.

§ 146.25-35 Stowage and handling on board vessels. (a) Containers of poisonous articles offered for transportation on board vessels shall, when taken on board a vessel, be stowed in accordance with the provisions applying to the particular character of vessel as shown in §§ 146.25-100 to 146.25-400, inclusive, and with the detailed regulations for stowage in this subpart.

(b) All containers of radioactive materials stowed on board a vessel must be efficiently lashed, chocked, or braced to prevent sifting or leakage by movement of the containers in any direction.

(c) No person shall remain unnecessarily in a hold or compartment or close to a hold, compartment, or deck cargo space containing radioactive materials and the shipper must furnish the carrier with such information and equipment as is necessary for the protection of the carrier's employees, stevedores, or other persons engaged in the handling of such cargo. In no instance shall any person who must necessarily remain in a hold, compartment, or in the proximity of a hold, compartment, or deck cargo space containing radioactive material be exposed to a total of more than 300 milliroentgens of gamma radiation or equivalent in any 7-day period.

(d) All containers of radioactive material (red label) must be carried by the handles when handles are provided.

§ 146.25-40 Limitation of "On deck" stowage. When "On deck in open" stowage is permitted for any substances by

§§ 146.25-100 to 146.25-400, inclusive, it shall apply only to the waterproof containers in which such substances are packed.

§ 146.25-45 Limitation on all stowage. (a) Containers of poisonous articles shall be stowed well away from living quarters, refrigerated cargo and foodstuffs of any description.

(b) Cyanides, or cyanide mixtures shall not be stowed with corrosive liquids.

(c) Enclosed compartments in which are stowed any extremely dangerous poisons, Class A, or radioactive materials, Class D, shall not be left open to entrance by persons unfamiliar with the type of cargo being transported.

(d) No radioactive materials, Groups I, II, or III, shall be stowed on board a vessel in any hold, compartment, or deck space so that the total gamma radiation or equivalent in any space or area continuously occupied by passengers, crew, or shipments of animals will exceed 40 milliroentgens per 24 hours at any time during transportation. Any hold, compartment, or enclosed deck space containing radioactive materials shall be so ventilated that there will be no accumulation of radioactive gases in that hold, compartment, or enclosed deck space.

(e) A container of radioactive materials, red label (Groups I and II), must not be placed closer than 15 feet to any package containing undeveloped film. If more than one such container is present, the distance must be computed from the table in paragraph (f) of this section by adding the number of units shown on the labels on the packages.

(f) The distance in the table of this paragraph must be measured from the nearest point of the radioactive material container or containers. One unit equals 1 milliroentgen per hour at a distance of 1 meter (39.3 inches) for hard gamma radiation or the amount of radiation which has the same effect on film as 1 milliroentgen per hour per meter of hard gamma rays of radium filtered by 1⁄2 inch of lead.

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(g) Not more than 40 units of radioactive materials, red label (Groups I and II), shall be stowed together in any 1 area or place. If the shipment exceeds 40 units, a distance of at least 60 feet must separate increments of not more than 40 units each.

§ 146.25-50 Care following leakage or sifting of poisonous articles. (a) Compartments or holds in which have been stowed packages containing arsenic or arsenical compounds, calcium cyanide, potassium cyanide, or sodium cyanide, or radioactive ores of low activity shall, in the event any leakage or sifting from the containers has occurred, be thoroughly cleaned after the cargo is unloaded and before the hold is used for stowage of other cargo.

(b) In the event of breakage of containers of radioactive materials, other than the ores of low activity referred to in § 146.25-25 (c), or should any radioactive material, other than the ores of low activity referred to in § 146.25-25 (c), be found on board during or after discharge, the section of the vessel containing this cargo must be isolated as far as possible from danger of human contact. No persons shall be allowed to handle the material or to remain in the vicinity until qualified personnel are present to supervise. Great care must be exercised to prevent radioactive material from entering the body through contact, inhalation, or by any other means. The shipper and the District Commander of the United States Coast Guard or his authorized representative having supervision over the port or place where the vessel is located or bound should be notified immediately.

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(c) Holds, compartments, equipment, or any other areas of the vessel contaminated by Class D Poisons, other than ores of low activity, through breakage, fire, etc., must not be used again until decontaminated by qualified personnel.

§ 146.25-55 Exemptions for poisons, Class B. (a) Poisonous liquids, Class B, as defined in this subpart, except aniline oil; chlorpicrin and chlorpicrin mixtures containing no compressed gas or poisons, liquid, Class A; hydrocyanic acid solutions; methyl bromide; motor fuel antiknock compound; parathion; phenyldichlorarsine; tetraethyl lead; thiophosgene; hexaethyl tetraphosphate;

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