Subpart 146.02—General Regulations

146.02-1 Scope of regulations.
146.02-2 Application to vessels.
146.02-5 Responsibility for compliance.
146.02-6 Enforcement.

146.02-6a Assignment and certification.
146.02-12 Inspection of cargo.

146.02-14 Acceptance of damaged or leaking packages.

146.02-15 Emergency situations.

146.02-16 Rejections of shipments in violation.

146.02-20 Repairs involving welding or burning.

146.02-22 Preservation of records. 146.02-25 Exemptions and alternative stowage procedures.

146.02-35 Situation requiring report.

Subpart 146.05-Shipper's Requirements Regarding Packing, Marking, Labeling and Shipping Papers

146.05-1 General requirements.

146.05-3 Prohibited packaging.

146.05-11 Shipper's certification. 146.05-12 Shipping papers. 146.05-15 Marking and labeling.

Subpart 146.09—Cargo Handling and Stowage

Devices

146.09-7 Specifications of moisture proofed paper bags.

146.09-8 Specification of moisture proofed paper-lined burlap bags.

146.09-11 Requirements of equipment for handling explosives.

146.09-15 Use of power-operated industrial trucks on board vessels.

146.09-16 Spaces exposed to carbon monoxide or other hazardous vapors.

Sec.

Subpart 146.20—Detailed Regulations Governing Explosives

146.20-1 An explosive.

146.20-3 Prohibited or not permitted explosives.

146.20-5 Acceptable explosives. 146.20-7 Class A explosives.

146.20-9 Class B explosives. 146.20-11 Class C explosives. 146.20-13 New explosives, definitions; approval and notification. 146.20-53 Magazine vessels.

Subpart 146.29-Detailed Regulations Governing the Transportation of Military Explosives and Hazardous Munitions on Board Vessels

146.29-1 Effective date.

146.29-3 Relationship to other regulations. 146.29-7 Port security regulations. 146.29-9 Import shipments.

146.29-11

Definitions and abbreviations. 146.29-13 Permit for handling military explosives.

146.29-14 Dangerous cargo manifest list, or stowage plan.

146.29-15 Authority to load, handle or discharge; facilities and use.

146.29-17 Prohibited explosives.

146.29-19 Explosives loading supervisory detail.

146.29-21 Personnel identification. 146.29-23 Ship's officer present.

146.29-25 Fires and fire protection.

146.29-27 Fire hose.

146.29-29 Smoking.

146.29-31 Liquor or drugs.

146.29-33 Cargo working gear and equipment.

146.29-35 Lights, tools, and portable equipment.

146.29-37 Handling drafts of lumber. 146.29-39 Handling and slinging of explosives.

146.29-41 Weight per draft.

146.29-42 Containers of ammunition. 146.29-43 Requirement for the opening of hatches.

146.29-45 Loading or unloading military explosives and other cargo.

146.29-47 Packing and marking. 146.29-49 Stowage on board barges. 146.29-51 Stowage on board vessels.

146.29-53 Stowage of military explosives in holds containing coal.

sessions 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.

§ 146.01-3 Plan of regulations.

This part prescribes the requirements of the Department of Transportation governing the transportation of military explosives on board vessels. Regulations governing the transportation of other hazardous materials in packages on board vessels are in 49 CFR Parts 171-189.

Subpart 146.02-General Regulations

§ 146.02-1 Scope of regulations.

The regulations in this subpart:

(a) Set forth the requirements that shall be observed in the preparation and packing of military explosives for shipment or storage on board vessels;

(b) 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 for shipments of military explosives on board vessels;

(c) Set forth the provisions under which permitted military explosives 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 military explosives found to be in an unsafe condition when on board a vessel;

(d) Establish such other requirements as may be necessary to make effective the safe transportation of military explosives on board vessels.

§ 146.02-2 Application to vessels.

(a) Except as provided in paragraph (b) of this section, this subpart applies to each domestic or foreign vessel when in the navigable waters of the United States, regardless of its character, tonnage, size, or service, and whether self-propelled or not, whether arriving or departing, underway,

moored, anchored, aground, or while in dry dock.

(b) This subpart does not apply to: (1) A public vessel not engaged in commercial service;

(2) A vessel constructed or converted for the principal purpose of carrying flammable or combustible liquid cargo in bulk in its own tanks, when only carrying these liquid cargoes;

(3) A vessel of 15 gross tons or smaller when not engaged in carrying passengers for hire;

(4) A vessel used exclusively for pleasure;

(5) A vessel of 500 gross tons or smaller when engaged in fisheries;

(6) A tug or towing vessel except when towing another vessel having explosives, flammable liquids or flammable compressed gas on board on deck in which case the tug or towing vessel shall make such provisions to guard against and extinguish fire as the Coast Guard may prescribe; or

(7) A cable vessel, dredge, elevator vessel fireboat, icebreaker, pile driver, pilot boat, welding vessel, vessel, or wrecking vessel.

salvage

§ 146.02-5 Responsibility for compliance. Unless this subpart specifically provides that another person must perform a duty, each carrier, including a connecting carrier, shall comply with all applicable regulations in this subpart, and shall thoroughly instruct his employees in relation thereto.

§ 146.02-6 Enforcement.

(a) An enforcement officer of the U.S. Coast Guard may at any time and at any place, within the jurisdiction of the United States, board any vessel for the purpose of enforcement of this subpart.

(b) Under the authority of 46 U.S.C. 170(13) and in the manner provided therein, a collector of customs may detain a vessel which is in violation of this subpart.

§ 146.02-6a Assignment and certification.

(a) The National Cargo Bureau, Inc., is authorized to assist the Coast Guard in administering this part with respect to the following:

(1) Inspection of vessels for suitability for loading military explosives;

(2) Examination of stowage of military explosives;

(3) Making recommendations for stowage requirements of military explosives; and

(4) Issuance of certificates of loading setting forth that the stowage of military explosives is in accordance with the requirements of 46 U.S.C. 170 and this part.

(b) A certificate of loading issued by the National Cargo Bureau, Inc., may be accepted by the Coast Guard as prima facie evidence that the cargo is stowed in conformity with the requirements of 46 U.S.C. 170 and this part.

§ 146.02-12 Inspection of cargo.

(a) Manned vessels. (1) The master of a vessel transporting military explosives shall cause an inspection of each hold or compartment containing military explosives to be made after stowage is complete, and at least once every 24 hours thereafter, weather permitting, in order to ensure that the cargo is in a safe condition and that no damage caused by shifting, spontaneous heating, leaking, sifting, wetting, or other cause has been sustained by the vessel or its cargo since loading and stowage. This requirement does not require freight containers or individual barges to be opened. A vessel's holds equipped with smoke or fire detecting systems, having an automatic monitoring capability, need not be inspected except after stowage is complete and after periods of heavy weather.

(2) The master shall cause an entry to be made in the vessel's deck log book for each inspection of the stowage of military explosives performed.

(b) Unmanned and magazine vessels. An inspection of the cargo must be made after stowage has been completed to ensure that stowage has been accomplished properly and that there are no visible signs of damage to any packages or evidence of heating, leaking, or sifting. This inspection must be made by the individual who is responsible to the carrier and who is in charge of loading and stowing the cargo on the unmanned vessels or the

individual in charge in the case of a magazine vessel.

(c) The master of each ocean-going vessel carrying military explosives shall, immediately prior to entering a port in the United States, cause an inspection of that cargo to be made.

(d) When inspecting a cargo of military explosives capable of evolving flammable vapors, any artificial means of illumination must be of an explosion-proof type.

§ 146.02-14 Acceptance of damaged or leaking packages.

A carrier may not transport by vessel any package that is so damaged as to permit the escape of its contents, that appears to have leaked, or that gives evidence of failure to properly contain the contents unless it is restored or repaired to the satisfaction of the master of the vessel.

§ 146.02-15 Emergency situations.

on

(a) When an accident occurs board a vessel involving military explosives, and the safety of the vessel, its passengers or crew are endangered, the master shall adopt such procedures as will, in his judgment, provide maximum safety for the vessel and its crew. When the accident results in damaged packages or the emergency use of unauthorized packagings, these packages may not be offered to any forwarding carrier for transportation. The master shall notify the nearest District Commander, U.S. Coast Guard, and request instructions for disposition of the packages.

(b) Military explosives may be jettisoned only if the master believes this action necessary to prevent or substantially reduce a hazard to human life or reduce a substantial hazard to property.

§ 146.02-16 Rejections of shipments in violation.

(a) A carrier may not knowingly transport by vessel any military explosive offered under a false or deceptive name, marking, invoice, shipping paper or other declaration, or without the shipper furnishing written information about the true nature of the material at the time of delivery.

(b) If a shipment in violation is found in transit, the master of the vessel shall adopt procedures which in his judgment provide maximum safety to the vessel, its passengers and its crew and which are in compliance with § 146.02-15. If the vessel is in port, the material may not be delivered to any party, and the master shall immediately notify the nearest District Commander and request instructions for disposition of the material.

§ 146.02-20 Repairs involving welding or burning.

(a) Except as provided in paragraph (b) of this section, repairs or work involving welding or burning, or the use of power-actuated tools or appliances which may produce intense heat may not be undertaken on any vessel having military explosives on board as cargo.

(b) Paragraph (a) of this section does not apply if the repairs or work are approved by the local Coast Guard Captain of the Port or his authorized representative.

§ 146.02-22 Preservation of records.

(a) When this part requires shipping orders, manifest, cargo lists, stowage plans, reports, or any other papers, documents or similar records to be prepared, the carrier shall preserve them or copies of them in his place of business or office in the United States for a period of one year after their preparation.

(b) Any record required to be preserved must be made available upon request to an authorized representative of the U.S. Coast Guard.

§ 146.02-25 Exemptions and alternative stowage procedures.

(a) Procedures whereby persons subject to the requirements of this part may obtain administrative relief therefrom on the basis of equivalent levels of safety or levels of safety consistent with the public interest are set forth in 49 CFR Part 107, Subpart B.

(b) When a military explosive is to be loaded on board a vessel and it is shown to the satisfaction of the Captain of the Port for the place where the vessel is being loaded that it is im

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