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shall ensure that the legends "NO SMOKING" and "NO OPEN LIGHTS" are displayed on the warning sign required in § 153.955(a) when cargo is transferred.

§ 153.1046 Sulfuric acid.

No person may liquefy frozen or congealed sulfuric acid other than by external tank heating coils.

§ 153.1052 Carriage of other cargoes in acid tanks

Other cargo must not be carried in a cargo containment system endorsed to carry sulfuric acid, hydrochloric acid, or phosphoric acid without specific authorization from the Commandant (G-MHM).

§ 153.1055 Nitropropane.

(a) No person may load or carry 1- or 2-nitropropane in a tank having heating coils unless the heating coils have been isolated from their heat source by completely disconnecting them, for example, by inserting a blanking plate or by removing a spool piece in a steam supply line.

(b) No person may load or carry 1- or 2-nitropropane in a tank located in a hold, or adjacent to a cargo, whose temperature exceeds 50° C (approx. 122° F).

MAINTENANCE

§ 153.1500 Venting system rupture disks. The master shall ensure that a relief valve exposed to a cargo after the failure of a rupture disk or breaking pin is cleaned and operates properly before the next cargo is loaded into the tank.

§ 153.1502 Fixed ballast relocation.

No person may remove or relocate fixed ballast unless

(a) The change is approved by the Commandant (G-MMT); or

each 30 days and found to be in good condition and operating properly.

APPENDIX I-LIST OF CARGOES NOT REGULATED UNDER PART 153 OR SUBCHAPTER D

Table II-Bulk liquid cargoes that may be carried in vessels having neither a Certificate of Inspection under Subchapter D (Tank Vessels) nor a Letter of Compliance under this part are the following:

Ammonium nitrate, urea, water solution, 2% or less NH,

Calcium chloride in water

2-chloro-4-ethylamino-6-isopropylamino-5triazine, water solution

Hexamethylene diamine adipate

Lignin liquor (calcium ligno-sulfonate, water solution)

Magnesium hydroxide suspensions in water Methyl chloroform (1, 1, 1-trichloroethane)

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Coast

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(b) The ballast is temporarily moved under the supervision of a Guard Marine Inspector for examination or repair of the tankship.

§ 153.1504 Inspection of personnel emergency and safety equipment.

The master shall ensure that the personnel emergency and safety equipment required by § 153.214 is inspected

Newton... N Pascal.

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PART 154-SPECIAL INTERIM REGU

LATIONS FOR ISSUANCE OF LETTERS OF COMPLIANCE

1. Purpose. 2. Background.

3. Discussion.

4. Action.

Annex A-Bulk liquid cargoes considered to involve potential unusual operating risks to life and property in U.S. ports.

Annex B-Bulk liquid cargoes not considered to involve potential unusual operating risks to life and property in U.S. ports.

1. Purpose.-The purpose of this interim regulation is to prescribe procedures for the issuance of a letter of compliance to foreign vessels carrying certain bulk dangerous cargoes which create potential unusual operating risks to life and property in U.S. ports. These unusual operating risks may be by virtue of the vessel design, the vessel operation, or the cargoes carried. These interim regulations require a letter of compliance for foreign vessels carrying, in U.S. ports, any of the cargoes listed in table I of these regulations.

The ever-increasing number and quantity of hazardous cargoes being shipped in bulk, mainly on foreign vessels, has been determined by the Coast Guard to present an unacceptable level of risk to U.S. ports. Pending the adoption of a satisfactory international standard of construction and manning, the United States must insure a minimum degree of safety from all vessels carrying hazardous cargoes in U.S. waters. It is anticipated that upon the adoption of a satisfactory international standard, such as an acceptable IMCO code, vessels constructed to such standard will be considered to meet the minimum degree of safety desired.

A letter of compliance, valid for 2 years, will be issued to vessels upon satisfactory completion of plan review and examination. The requirements for the carriage of cargoes which previously required a letter of compliance are effective immediately. The requirements for the following cargoes must be met before January 1, 1975:

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Benzene

Benzene, toluene, xylene (crude) Butyl acrylate (iso-, n-)

Butyraldehyde (iso-, n-) (crude) Camphor oil

Carbon tetrachloride

Caustic potash solution

Caustic soda solution

Chlorobenzene

Cresols (mixed isomers)
Cyclohexanone

Decyl acrylate (iso-)
Dichlorobenzene (ortho)
Dichloroethyl ether
Diethanolamine
Diethylenetriamine
Diisopropanolamine

Ethyl acrylate (inhibited)
Ethylene cyanohydrin
Ethylenediamine

Ethylene dichloride

2-ethylhexyl acrylate (inhibited) 2-ethyl-3-propyl acrolein

Formaldehyde Solution (37-50%) Formic Acid

Furfural

2-methyl-5-ethyl pyridine

Monoethanolamine

Monoisopropanolamine

Morpholine

Phosphoric acid

Phthalic anhydride (molten)
Propionic acid

Propionic anhydride
Pyridine

Styrene (inhibited)
Sulfur (molten)
Tetraethylene pentamine
Triethanolamine

Vinyl toluene (meta-, para-)

The requirements for all other cargoes which are included in Table I of Annex A of this part but not referenced in this paragraph are effective on July 1, 1974.

Letters of compliance are valid for a period of 2 years. Letters of compliance issued prior to 1972 will remain in effect for 1 year following the issue date of this regulation. Reissuance of a vessel's letter of compliance will require a satisfactory Coast Guard reexamination.

2. Background.-Prior to 1965, the carriage of dangerous cargoes by water was minimals, with foreign vessels being allowed entry without regard to technical requirements for the safety and security of U.S. ports. With the expansion of the chemical industry and chemical shipments by water, the carriage of certain dangerous cargoes was determined to present potential unusu

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al operating risks to U.S. ports. Since there was no recognized international standard for the design and construction of the cargo containment portion of vessels, the United States promulgated regulations permitting some control for the assurance of port safety.

Under the provisions of 46 CFR 2.01-13, foreign vessels involving novel features of design or construction upon which the Convention for the Safety of Life at Sea is silent, or which involve potential unusual operating risks, are subject to inspection to the extent necessary to safeguard life and property in U.S. ports. The control and movement of such vessels in U.S. waters are also subject to the jurisdiction of the U.S. Coast Guard captain of the port pursuant to the authority of 33 CFR, part 6 and in accordance with 33 CFR, part 124. Foreign vessel operators were informed of requirements and procedures by "Navigation and Vessel Inspection," Circular No. 13-65 dated September 30, 1965..

The complex nature of U.S. regulations has made them very difficult for foreign opcrators to use and understand. Requirements for the review of cargo containment portions of vessels are found in various subparts of Subchapter D (Tank Vessel Regulations), Subchapter F (Marine Engineering Regulations), Subchapter J (Electrical Regulations), Subchapter I (Cargo and Miscellaneous Vessel Regulations), and Subchapter O (Certain Bulk Dangerous Cargo Regulations).

It has been found necessary to promulgate interim regulations to explain to foreign vessel owners the present submission procedure for the review of the cargo containment portions of their vessels. These interim regulations will also provide reference to the U.S. regulations that apply to the cargo containment portion of such vessels.

It is contemplated that as acceptable international standards for the cargo containment portions of vessels are developed and implemented, the Coast Guard will accept certification from the national administrations for those vessels in full compliance with such international standards.

3. Discussion.-(a) Unusual risks.—A potential unusual operating risk may exist because of the design of the vessel, the cargoes carried, the method of handling the cargo, or any unconventional shipboard system. A "design" is not considered restricted to construction details, but is considered to include the overall concept of the carriage of the cargo. For example, a vessel designed for the low temperature carriage of cargoes creates an unusual risk because the uncontrolled release of cargo can cause brittle fracture of the surrounding structure. Also, a vessel of conventional design could pose a

hazard when carrying a product not considered when the vessel was built. Additionally, a new or unusual handling technique for a common product could create a hazard.

In considering safeguards necessary to permit the movement of these cargoes in bulk, all aspects of the overall transportation concept must be considered. This includes intended routes, navigational considerations, vessel design features, method of cargo handling, and the shore facilities available.

(b) Cargoes considered to involve unusual risks.-(1) Types of cargoes which are considered to involve potential unusual operating risks include:

(i) Highly reactive or unstable commodities;

(ii) Commodities having severe and unusual fire hazards, such as liquefied flammable gases;

(iii) Commodities having toxic properties; (iv) Commodities requiring refrigeration or pressurization for their safe containment; (v) Commodities which can cause brittle fracture of normal temperature materials by reason of their being carried at low temperature or because of their low boiling point at atmospheric pressure;

(vi) Corrosive commodities.

(2) The cargoes which have been determined to meet the above criteria are listed in annex A. Foreign vessels loading, discharging, or carrying these cargoes in U.S. ports require a letter of compliance.

(3) Cargoes considered not to involve potential unusual operating risks in bulk transportation are found in annex B. Vessels loading, discharging, or carrying only those cargoes listed in annex B are not sub-r ject to the procedures explained herein.

(4) Any cargo which is intended for carriage and which does not appear in either annex A or annex B is subject to an individual determination by the Commandant (GMHM). The shipper must first notify the Coast Guard of his intention to carry any such cargo. Based on a review of the cargo's hazards, it will be assigned to either annex A or annex B. Requirements will be developed for a cargo assigned to annex A and the vessel will then be reviewed on the basis of those requirements.

(c) Features of interest to the Coast Guard. The following are examples of the type of features in which the Coast Guard is interested from the point of view of safety of life and property in U.S. ports:

(1) Design and arrangement of cargo tanks and cargo piping and vent systems. (Including the suitability of the cargo containment system materials for the pressure and temperatures involved, welder and weld-t ing procedure qualification, and nondestructive testing of the cargo tanks and piping.)

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(2) Arrangement and adequacy of installed fire extinguishing system and equipment.

(3) Safety devices and related systems which check the cargo and the surrounding spaces to give warning of leaks or other disorders which could result in a casualty.

(4) Isolation of toxic cargoes.

(5) Compatibility of one cargo with another and with the materials of the containment system.

(6) Suitability of electrical equipment installed in hazardous areas.

4. Action-(a) Foreign vessel owner.—(1) Owners desiring to carry cargoes which exhibit a potential unusual operating risk to U.S. ports must submit a formal request to the Commandant (GMHM) for a review of the cargo containment portion of the vessel. This request must include:

(i) A list of all cargoes to be carried which do not appear in the list in annex B.

(ii) The anticipated routes of the vessel. (iii) Country of vessel registry.

(iv) Classification society.

(v) A description of the cargo containment system.

(2) Plan review information must be submitted as specified in annex A.

(i) For existing vessels, required information must be submitted in the English language and received at least 90 days prior to desired entry into U.S. ports.

(ii) In the case of new construction or conversion, sufficient lead time should be provided to allow for review, comment, and any necessary revision to insure compliance with U.S. Coast Guard requirements prior to desired entry into U.S. ports.

(3) Owners and charterers should consider that vessels which have not completed plan review, and which arrive at a U.S. port with cargo on board requiring a letter of compliance, will be ordered to depart U.S. territorial waters until outstanding review items and vessel discrepancies have been resolved. Furthermore, vessels arriving at a U.S. port in an empty condition will not be permitted to load cargo requiring a letter of compliance until plan review and initial examination are satisfactorily completed.

(b) Plan Review-U.S. Coast Guard.—(1) The required plans and specifications will be reviewed using criteria equivalent to those used in the review of a similar design for U.S. registry.

(i) Review of existing vessels will be based upon those plans required for individual cargoes as specified in annex A. For cargoes not previously requiring a letter of compliance, consideration will be given to standards in effect at the time of construction in order that major modifications to the cargo containment portion of the vessel would not be required.

(ii) Plan review for new construction will be considered complete after plans, specifications, and inspection and test reports have been found satisfactory and evidence has been received that the vessel will be accepted by a recognized classification society. Normally, when foreign equipment and material standards provide the same degree of safety as comparable U.S. standards, they will be accepted in lieu of requiring approved items of equipment and materials from U.S. manufacturers.

(2) Arrangements have been made with certain classification societies to further streamline the plan review of various systems, components, and test data for liquefied flammable gas vessels. These procedures may be used if desired. Because the arrangements differ from society to society, specific details should be obtained directly from the society classing the vessel.

(3) Owners of vessels complying with the IMCO Code for the Construction and Equipment of Ships Carrying Dangerous Chemical in Bulk, Resolution A.212 (VII), may submit certification of compliance from their national administration in lieu of plans and drawings. Following Coast Guard review of such certifications, the owners will be advised of any additional plans and drawings needed for review. In general, a new vessel built in full compliance with the IMCO Code will not require plan review. A vessel which only partially meets the IMCO Code requires additional plan review.

(4) The Coast Guard does not conduct examinations in foreign building yards for the purpose of issuance of letters of compliance. For vessels under construction or alteration, it is the responsibility of the vessel owner to incorporate all requirements made by the Coast Guard during plan review. Required reports of examinations or tests must be certified by the vessel's classification society. The owner must make arrangements with the classification society for the examination and submission of the English copies of the reports and certificates. All submissions should be sent from one central agency, the owner or owner's representative, rather than directly from all manufacturers involved in construction.

(5) Upon completion of plan review, the Commandant (GMHM) will notify the owner that plan review is complete and specify the cargoes authorized for carriage and the applicable restrictions. The owner may then send his vessel carrying an authorized cargo, to a U.S. port for examination.

(c) Notification of arrival-foreign vessel owner.-(1) When plan review has been completed for a vessel, the owner or charterer must notify the Commandant (GMHM) and the cognizant captain of the port or officer-in-charge of marine inspec

tion of the date and place of the vessel's initial arrival. See 33, Code of Federal Regulations, Part 3, for a listing of captains of the port and officers in charge of marine inspection. Notification must be given at least 2 weeks prior to the vessel's time of arrival. Any additional advance notice required by the captain of the port for specific cargoes must also be given.

(d) Examination—(1) Initial examination.-(i) Upon arrival at the first port of call in the United States, representatives of the cognizant captain of the port and officer in charge, marine inspection, will board the vessel. The Commandant may deem it necessary to have a headquarters representative attend as a member of the boarding party because of peculiarities in vessel design, cargo handling operations, or hazardous properties of the cargo.

(ii) For those vessels that have completed Coast Guard plan review, the boarding party will examine the vessel's arrangement and cargo system, including tanks, piping, machinery, and alarms. In addition, the boarding party will observe the material condition of the vessel, vessel operation, cargo handling operations, firefighting capability, and personnel performance. Cargo tanks will not be required to be gas free unless prior notification is given the owner by Commandant (GMHM).

(iii) For those vessels which fully meet the IMCO Chemical Code, a valid IMCO certificate in English must be available for examination by the boarding party. The boarding party will examine and observe the material condition of the vessel, vessel operation, cargo handling operations, vessel firefighting capability, and personnel performance.

(iv) Serious discrepancies, such as those involving inoperative safety equipment, leaking cargo piping or nonexplosion-proof electrical installations may require immediate correction prior to cargo transfer operations. Minor discrepancies may not preclude permission to transfer cargo, but may require correction prior to a second call in a U.S. port either on the initial voyage or on a subsequent voyage.

(2) Reexamination.—(i) Reexaminations are conducted biennially for vessels which hold a Coast Guard letter of compliance. The purpose of reexaminations is to insure that the vessel is being maintained to the safety and construction standards as initially examined. Vessels with letters of compliance issued prior to 1972 must be reexamined within 1 year of the date of these regulations. Vessels which have not been reexamined under the provisions outlined above will be denied the privileges afforded by the vessel's letter of compliance.

(ii) The vessel owner or charterer must make arrangements for a letter of compliance reexamination in accordance with

paragraph 4(c), as he did for the initial examination.

(iii) The boarding party will examine and observe the material condition of the vessel, vessel operation, cargo handling operations, condition of firefighting and safety equipment, and personnel performance.

(iv) Paragraph 4(d)(1)(iv) outlines the procedures applying to vessel discrepancies found during reexaminations.

(3) Boardings.-(i) The condition of the vessel during subsequent arrivals in U.S. ports must be maintained to those standards set for the initial examination. Vessels may be boarded at the harbor entrance, and while en route to berth, underway tests and examinations of the firefighting equipment, leak detectors, quick closing valves, and other safety equipment may be conducted. Inoperative equipment may result in the vessel not being permitted to enter port or to conduct cargo operations. Failure of the owner to maintain the vessel to the general safety and construction standards, or reports by Coast Guard field units of improper or negligent cargo handling operations, as well as unreported modifications to the cargo system, may invalidate the letter of compliance. Reinstatement would be dependent upon evidence that the deficient equipment or cargo handling procedures were corrected to insure safe handling of applicable cargoes.

(e) Master of vessel.-(1) The master of the vessel must have all required SOLAS certificates and vessel plans required under these regulations available for the boarding party to use when examining the vessel. Vessel plans, in English, must include, but not be limited to, general cargo tank arrangement, cargo tank venting arrangement, cargo piping arrangements, and safety plans. Evidence of the set pressure of the safety relief valves must be available, preferably in the form of a classification society certificate. The master may be called upon to verify the set pressures stated on the certificate. For those vessels which have completed Coast Guard plan review, the plans provided should be duplicates of plans submitted to the Coast Guard. For vessels which are certificated under the IMCO code, a valid IMCO certificate, in English, must be presented.

(f) Letter of compliance.-(1) If the vessel meets all applicable requirements of these regulations, a letter of compliance will be issued by the Commandant (GM). The letter of compliance must be available for presentation to Coast Guard inspection parties whenever the vessel is boarded by Coast Guard personnel. The letter will indicate that the special cargo carrying and handling features of the vessel have been evaluated and found satisfactory for the cargoes specified. For subsequent vessel arrivals, the cap

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