147.03-8 Refusal to certify.

147.03-9 Renewal of certification. 147.03-10 False statement.

147.03-11 Noncertified articles on board vessels.

DETAILED REGULATIONS GOVERNING USE OF SHIPS' STORES AND SUPPLIES

147.04-1 Cylinder requirements. 147.04-2 Cylinders of foreign manufacture forming part of a fire extinguishing system.

147.04-3 Stowage and care of cylinders. 147.04-4 Culinary supplies, potable spirits, cosmetics.

147.04-5 Liquefied carbon dioxide for permanently installed fire extinguishing systems.

147.04-6 Portable magazine chest for stowage of ships' signal and emergency equipment.

SHIPS' STORES AND SUPPLIES OF A DANGEROUS NATURE

147.05-100 Table S-Classification: Ships' stores and supplies of a dangerous nature.

ARMING OF U.S. MERCHANT CARGO VESSELS 147.06-1 Authorization.

147.06-2 Storage of high explosives.

Sec.

147.06-3 Storage of small-arms ammuni

tion.

147.06-4 Care of ammunition.

147.06-5 Construction of magazines.

AUTHORITY: R.S. 4405, as amended, 4462, as amended, 4472, as amended, sec. 3, 68 Stat. 675; 46 U.S.C. 375, 416, 170, 50 U.S.C. 198; E.O. 11239, July 31, 1965, 30 FR 9671; Department of Transportation Order 1100.1, March 31, 1967, 46 CFR 1.46(b), (35 FR 4959).

SOURCE: Order 74, 6 FR 516, Jan. 18, 1941; CGFR 47-35, 12 FR 4184, June 27, 1947; 12 FR 4349, July 3, 1947, unless otherwise noted.

GENERAL REGULATIONS

§ 147.01-1 Scope of regulations.

The acceptance, handling, stowage or use of explosives or other dangerous articles or substances and combustible liquids as ships' stores and supplies of a dangerous nature that are permitted for such use on board domestic vessels shall be in accordance with the provisions of the regulations and table comprising this part.

§ 147.01-2 Application.

Any explosive or other dangerous article or substance and combustible liquids as ships' stores and supplies, as dangerous in accordance with the definition in §§ 147.02-1 and 147.02-2 shall not be used on board any domestic vessel subject to the regulations in this part unless specific permission for such use is given in the table, § 147.05100, or certification for such use, where so required by said table, has been issued by the Commandant of the Coast Guard.

§ 147.01-3 Compliance.

Applicable provisions of the regulations in this part shall be observed by:

(a) All manufacturers, shippers, vendors or other persons offering explosives or other dangerous articles or substances, and combustible liquids as ships' stores and supplies of a dangerous nature for use on board domestic vessels subject to the regulations in this subchapter.

(b) Domestic vessels subject to the regulations in this subchapter, their

owners, charterers, or agents and the master and personnel thereof.

§ 147.01-4 Certified articles of ships' stores.

(a) The following articles of ships' stores and supplies of a dangerous nature must be certified under the regulations of this part:

(1) The following articles listed in § 147.05-100:

(i) Cleaning oil.

(ii) Illuminating oil.

(iii) Paint and varnish and removing compounds (when possessing a flashpoint above 150° F).

(2) Any article that is classed as a radioactive material, class A, B, or C explosive, flammable liquid, flammable solid, oxidizing material, corrosive liquid, compressed gas, class A, B, or C poison, combustible liquid or hazardous article and are not listed in 147.05100.

(b) The articles in paragraph (a) may not be offered for use or used onboard domestic vessels subjected to the regulations in this part unless they are certified under the regulations of this part.

(c) Certifications issued under authority of the regulations in this part become effective immediately upon issue. Articles so certified and bearing the certificate number and legend in accordance with the provisions of § 147.03-6 may then be offered for use and used on board domestic vessels.

(Sec. 1, 49 Stat. 1889, 46 U.S.C. 391a) [CGD 71-12a, 37 FR 14586, July 21, 1972, as amended by CGD 71-12c, 37 FR 20031, Sept. 23, 1972]

§ 147.01-6 Certification of ships' stores and supplies by trade name.

Application may be made at any time for certification covering use of articles of ships' stores and supplies of a dangerous nature by trade name or trademark. Such application shall not be made or accepted for articles or substances that are described by name in the list of explosives and other dangerous articles and combustible liquids in § 146.04-5 in this subchapter.

[CGFR 53-26, 18 FR 5257, Sept. 1, 1953]

§ 147.01-7 Foreign vessels.

The acceptance, handling, stowage or use of explosives or other dangerous articles or substances and combustible liquids as ships' stores and supplies of a dangerous nature that are permitted for such use on board foreign vessels, shall be in accordance with the provisions of the regulations and table comprising this part, or in accordance with the law and regulations of the country whose flag the vessel flies.

DEFINITION OF SHIPS' STORES AND SUPPLIES OF A DANGEROUS NATURE

§ 147.02-1 Ships' stores and supplies.

For the purposes of the regulations in this part ships' stores and supplies are defined as any article or substance which is used on board a vessel subject to the regulations in this subchapter, for the upkeep and maintenance of the vessel; or for the safety or comfort of the vessel, its passengers or crew; or for the operation or navigation of the vessel (except fuel for its own machinery); except shipboard fumigation that is regulated under Part 147A of this subchapter.

[Order 74, 6 FR 516, Jan. 18, 1941, as amended by CGD 74-144, 39 FR 32998, Sept. 13, 1974]

§ 147.02-2 Ships' stores and supplies of a dangerous nature defined.

For the purpose of the regulations in this part ships' stores and supplies possessing such characteristic properties as will cause the substance to properly classify as either an explosive, inflammable liquid, inflammable solid, oxidizing material, corrosive liquid, compressed gas, poisonous article, hazardous article or combustible liquid in accordance with the definition for such substances as contained in the regulations in this subchapter are defined as ships' stores and supplies of a dangerous nature. This definition shall be binding upon all manufacturers, shippers, vendors or other persons offering any such articles for use on board domestic vessels. Acceptance and use on board domestic vessels subject to the regulations in this subchapter shall be in accordance with

the provisions of §§ 147.01-1-147.01-6; §§ 147.03-1-147.03-11; §§ 147.04-1147.04-4; and § 147.05-100.

USE OF SHIPS' STORES AND SUPPLIES OF A DANGEROUS NATURE ABOARD SHIP

§ 147.03-1 Products requiring certification.

Ships' stores and supplies of a dangerous nature, as defined in §§ 147.02-1 and 147.02-2, shall not be used on board vessels subject to the regulations in this part unless certified for such use by the Commandant of the Coast Guard: Provided, however, That explosives or other dangerous articles or substances, and combustible liquids to be used as stores that are described by name in the list, § 146.04-5 of this subchapter, are not required to be so certified when permitted for such use by provisions of the table comprising $147.05-100. This proviso shall not extend to compounds, mixtures or other substances that are described by generic name. Examples of such substances are polishes, waxes, insecticides, fumigants, disinfectants, cleaning compounds, removing compounds, and distillates.

§ 147.03-2 Source of application for certification.

The manufacturer of an article or substance may make application for certification for use of his product as an article of ships' stores and supplies.

$147.03-3 Procedure to obtain certification.

A manufacturer desiring to secure certification of his product for use as an article of ships' stores or supplies on board domestic vessels shall submit to the Commandant of the Coast Guard a statement setting forth all essential information with regard to the product. The statement shall be sworn to, or affirmed by an owner, partner, president or secretary of the company, partnership, corporation or association submitting the statement. Such oath or affirmation shall attest to the truth and accuracy of the statement. The manufacturer shall also submit with the application for certification the original report of an independent test

ing laboratory acceptable to the Commandant, covering § 147.03-4 (g), (h), (i), (m), (n), and (o). Charges incurred for any test relating to certification shall be borne by the manufacturer. [CGFR 52-41, 17 FR 10385, Nov. 13, 1952]

§ 147.03-4 Information required in statement.

The statement accompanying the application for certification of a product shall contain such of the following information as may be applicable:

(a) Name and address of the manufacturer.

(b) Trade name under which the product will be marketed.

(c) When properly described by a true chemical name, give such name.

(d) If a compound or mixture, state the true chemical names of the various ingredients and the percentages of each.

(e) A complete description of the individual container or containers in which the product is marketed.

(f) Describe any outside container in which two or more individual containers are shipped and give the gross and net weight of the package.

(g) If possessing flash and fire points state the points in degrees Farenheit as determined by Tagliabue's open cup method. (If the product is not susceptible to fire and flashpoint determination, so state.)

(h) State whether the product gives off explosive, inflammable, corrosive, or toxic vapors within a temperature range up to 150° F.

(i) State what reaction, if any, accompanies the addition of water to the substance or article.

(j) State if the product is liquid, semisolid or solid.

(k) If of a solid or semi-solid form, what is the melting point of the substance.

(1) If an article is composed in part of an explosive ingredient, state the percentage of the explosive ingredient present.

(m) If an article is composed in part of a gas, state the maximum pressure possible at a temperature of 130° F.

(n) If an article is composed in part of poisonous ingredients, state the percentage of each kind of poison present

(0) State if the product is or is not subject to spontaneous heating as determined by the Mackey Apparatus Method

(p) If an article depends upon a factor of force or the addition of another product for its operation, state the method of application or use.

(q) Furnish a copy or facsimile reproduction of the label under which the substance is marketed. The following information must appear on the label:

(1) Trade name of the product.

(2) Manufacturer's name and address.

(3) Operating instructions, including step by step procedure for the proper use of the product.

(4) First aid instructions to be followed in case of improper handling or accidental personnel contact, including antidotes for accidental ingestion. (Sec. 1, 49, Stat. 1889; 46 U.S.C. 391a)

[CGFR 52-41, 17 FR 10385, Nov. 13, 1952, as amended by CGD 71-12a, 37 FR 14586, July 21, 1972; CGD 71-12C, 37 FR 20031, Sept. 23, 1972]

§ 147.03-5 Samples for test.

The Commandant of the Coast Guard may require that an amount of the product, or a number of the articles sufficient for purposes of test, shall be submitted or it may purchase in the open market a sufficient quantity of the products, or number of the articles for such test.

§ 147.03-6 Certification identification.

When a product is certified for use as an article on ships' stores or supplies on board vessels, it will be assigned a certification number by the Commandant on the Coast Guard. Before offering a product for use on board vessels, the manufacturer shall cause the certificate number and the following legend, in the form shown to be applied to each container of the product.

The "x" marks to be replaced by the official number as awarded by the Commandant of the Coast Guard.

This legend may be incorporated as part of the label, or affixed as a separate label, or etched or stamped in the container or the material of each unit. No other form or statement regarding the Commandant of the Coast Guard's certification shall be made upon any label, container or advertising matter descriptive of the certified product.

§ 147.03-7 Certification of changes.

A certified product, its name, its form or design, the container of such product or the label appearing on the container shall not be altered and again marked without first securing certification in the same manner as required by §§ 147.03-3 and 147.03-4.

§ 147.03-8 Refusal to certify.

(a) The Commandant of the Coast Guard may, for cause, withhold the certification of a product or an article; and reserves the right to require, before a certification is issued, that the trade name under which the article will be marked, be altered to avoid error, duplication or to provide clarity.

(b) The Commandant of the Coast Guard may withhold the original certification of a product or an article or the renewal of the certification while requiring changes on the label, including trade name, or additional information which he deems pertinent for certification.

[CGFR 67-23, 32 FR 8161, June 7, 1967]

§ 147.03-9 Renewal of certification.

The manufacturer of each approved product or article shall, during the month of January in every third year, submit a statement sworn to or affirmed that the characteristics of the approved product or article have not been altered or changed in any respect and it is the intention to continue to market the product. Upon receipt of such statement the records of the Commandant of the Coast Guard will be endorsed, indicating the certifica