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

30-128 0-79-2

practicable to comply with a stowage location, handling, or stowage requirement prescribed in this part, the Captain of the Port may authorize in writing the use of an alternative stowage location or method of handling or stowage subject to such conditions as he finds will ensure a level of safety at least equivalent to that afforded by the regulatory requirement concerned.

§ 146.02-35 Situation requiring report.

(a) When a fire or other hazardous condition exists on a vessel transporting military explosives, the master shall notify the nearest District Commander as soon as possible and shall comply with any instructions given by the District Commander.

(b) When an incident occurs during transportation in which military explosives are involved, Hazardous Materials Incident Reports may be required. See 49 CFR 171.15 and 171.16.

(c) If a package, container, portable tank, highway or railroad vehicle containing military explosives is jettisoned or lost, the master shall notify the nearest District Commander as soon as possible of the location, quantity, and type of explosives.

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

§ 146.05-1 General requirements.

(a) No person may offer military explosives for transportation on board a vessel unless they are properly classed, described, packaged, marked, labeled, and in the condition for shipment required by this part.

(b) A shipment of military explosives that is not prepared for shipment in accordance with this part may not be offered for transportation on board a vessel. It is the duty of each person who offers military explosives for transportation to instruct each of his officers, agents, and employees having any responsibility for preparing military explosives for shipment as to applicable regulations in this part.

(c) Methods of container manufacture, packing, and storage, that affect safety in transportation, must be open to inspection by a duly authorized rep

resentative of the initial carrier or a representative of the U.S. Coast Guard.

§ 146.05-3 Prohibited packaging.

(a) No person may offer for transportation on board a vessel any military explosives in an outside packaging which also contains any substance likely to cause a dangerous evolution of heat or gas or produce corrosive materials.

(b) No person may offer for transportation on board a vessel any military explosives which under conditions normally incident to transportation may polymerize (combines or react with itself) or cecompose so as to cause dangerous evolution of heat or gas, unless they are properly stabilized or inhibited. Refrigeration may be used as a means of stabilization only when approved by the Commandant (GMHM).

§ 146.05-11 Shipper's certification.

Each person who offers military explosives for transportation on board a vessel shall certify in writing that the explosives are being presented for transportation in accordance with this part by printing (manually or mechanically) the following statement on the shipping paper containing the required shipping description:

This is to certify that the above-named materials 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.

NOTE.-Preprinted certificates complying with 49 CFR 173.430(a) in effect on June 30, 1976, may be used through June 30, 1979. After June 30, 1979, use of the certificate required by this section is mandatory.

§ 146.05-12 Shipping papers.

(a) A carrier may not transport military explosives on board a vessel unless the explosives are properly described on the shipping papers in the manner prescribed in 49 CFR, Part 172, Subpart C.

(b) A carrier may not transport military explosives on board a vessel unless it has been certified by the shipper in accordance with § 146.05-11.

5. (a) Description. A multiwall paper bag constructed of not less than four plies, one or more of which will be moisture proofed.

(b) Assembly of moisture proofed ply. The assembly of the moisutre proofed ply will be accomplished by combining two sheets of Kraft (100% sulfate) paper having a basis weight of not less than 20 pounds each with not less than 25 pounds of asphalt applied evenly to the paper surface.

(c) Alternate moisture proofed ply. Any other moisture proofed Kraft paper of a total basis weight of not less than 40 pounds before treatment, whose moisture proofed qualities are equal or superior to the above asphalt treated paper as determined by the Thwing Vapometer test for moisture-vapor transmission.

(d) Additional plies. Remaining plies of the bag will be constructed of Kraft (100% sulfate) paper, each sheet having a basis weight of not less than 40 pounds, and a Kady or Mullen test of 40 pounds per square inch. The combined weight of said remaining plies to be not less than the weights given in the following table:

seams.

(e) Longitudinal Longitudinal seams made by lapping not less than one inch and pasting.

(f) Bottom closure. Bottom closure made by folding and interlapping and pasting; or taped sewed and dipped in a waterproofing compound; or sewed and taped over stitching.

(g) Top closure. By wire ties consisting of not less than two No. 16 Birmingham wire gauge or heavier wires; or by valve mouth with top of bag folded and interlapped and pasted; or by valve mouth with top of bag taped, sewed and dipped in waterproofing compound; or sewed and taped over stitching.

6. Test. The finished container, filled and closed, must be capable of withstanding a drop test of 4 feet on the butt without sifting or rupture of any ply.

Marking

7. In each container. By marks at least one inch high as follows:

(a) Min-W10. This marking shall be understood to certify that the container complies with all specification requirements.

(b) Name and address of maker located above or below the mark specified in (7)(a). [Order 74, 6 FR 277, Jan. 11, 1941]

§ 146.09-8 Specifications of moisture proofed paper lined burlap bags.

SPECIFICATION MIN-W11

MOISTURE PROOFED PAPER LINED BURLAP BAGS FOR TRANSPORTATION OF QUICKLIME BY WATER

General

1. Compliance. Containers must comply with, or may exceed, details of the specifications.

2. Capacity. Not over 100 pounds net.

Material

3. Burlap. At least equal in equality and strength to 71⁄2 ounce 40 inch (72/40) Calcutta common burlap. Thread count at least 9 per inch warp and 9 per inch filler.

4. Paper. No. 1 Kraft creped. Finished weight of 40 pounds per ream (480 sheets 24 x 36 inch) after creping.

Construction

5. (a) Description. Burlap bag lined with a water proofed paper lining.

(b) Assembly of moisture proofed lining. The assembly of the moisture proofed lining will be accomplished by combining two plies of creped paper having a finished weight of not less than 40 pounds each, evenly coated between the two plies with asphalt of any desirable type, of minimum 150° F. melting point, over the entire area of paper, with minimum coverage of 110 pounds per ream.

(c) Assembly of moisture proofed ply and burlap. The burlap will be lined with the moisture proofed creped paper by cementing together with a suitable latex compounded adhesive to securely attach paper lining to the burlap.

(d) Stretch of paper lining. After they are cemented to the burlap the stretch of the paper lining must equal the stretch of the burlap in the direction of the warp and filling and equal to 10 percent in a diagonal direction.

(e) Seams. Bags must be made with cemented center seams and taped bottoms to make them sift proof and airtight and to provide strength at least equal to the bag material.

(f) Closure. Bags to be wire tied with two No. 16 Birmingham wire gauge or heavier wire ties.

6. Test. The finished container, filled and closed, must be capable of withstanding a drop test of 4 feet on the butt without sifting or rupture of any ply.

Marking

7. On each container. By marks at least 1 inch high as follows:

(a) MIN-W11. This marking shall be understood to certify that the container complies with all specification requirements.

(b) Name and address of maker located above or below the mark specified in (7)(a). [Order 74, 6 FR 277, Jan. 11, 1941]

§ 146.09-11 Requirements of equipment for handling explosives.

(a) A chute for loading and unloading explosives must be constructed of smooth planed boards not less than one-inch thick with side guards of the same material at least 4 inches high. Only brass screws may be used to assemble the sides and bottom. D-shaped wooden strips or runners not more than six inches apart and running the length of the chute must be fastened

to the upper surface of the slide by glue and wooden dowels extended through the bottom of the chute. Four lashing rings must be provided, one at each outside corner of the chute, for purposes of securing during

use.

(b) A roller conveyor constructed of aluminum or other non-sparking material may be used for loading or unloading explosives. The conveyor must be grounded when in use.

(c) A powered conveyor may be used only after the design, construction, and specifications have been approved by the Commandant (GMHM).

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

(a) A power-operated truck (including a power-operated tractor, forklift, or other specialized truck used for cargo handling) may not be used on board a vessel in a space containing military explosives unless the truck complies with the requirements of this section.

(b) Each truck must have a specific designation of Underwriter's Laboratories or Factory Mutual Laboratories. Any repair or alteration to a truck must be equivalent to that required on the original designation.

(c) Description of designations. The recognized testing laboratory type designations are as follows:

(1) An "E" designated unit is an electrically-powered unit that has minimum acceptable safeguards against inherent fire hazards.

(2) An "EE" designated unit is an electrically-powered unit that has, in addition to all the requirements for the "E" unit, the electric motor and all other electrical equipment completely enclosed.

(3) An "EX" designated unit is an electrically-powered unit that differs from the "E" and "EE" units in that the electrical fittings and equipment are so designed, constructed, and assembled that the unit may be used in certain atmospheres containing flammable vapors or dusts.

(4) A "G" designated unit is a gasoline-powered unit having minimum acceptable safeguards against inherent fire hazards.