§ 146.06-1 Acceptance on board vessels. Explosives other other dangerous articles or substances or combustible liquids that are permitted by the regulations in this part to be placed on board vessels, or to be on board a vessel within the navigable waters of the United States, may be accepted and transported or stored on board vessels subject to the regulations in this part when such articles are described upon the shipper's originating shipping order or a transfer shipping paper or otherwise in writing by a shipping name as shown in the commodity list of explosives and other dangerous articles herein, and provided label notations are shown on the shipping paper as they apply to the various substances. The owner, charterer, agent, master or person in charge of a vessel shall ascertain to his own satisfaction that the outside container is one of the acceptable containers as shown in the tables for the particular substance named on the shipping paper. Shipments tendered in United States ports to vessels which are initial carriers shall not be accepted unless the originating shipping order carries the shipper's certification as to description, packing, marking and condition as required by § 146.05-11. Shipments tendered in United States ports to vessels which are connecting carriers shall not be accepted unless the transfer shipping paper contains sufficient information to identify the preceding shipping paper. Shipments originat ing in a foreign port shall not be transported, carried, conveyed, or stowed by any vessel upon the navigable waters of the United States unless accompanied by bills of lading upon which the shipper or his agent has certified that the goods are described, packed and marked in accordance with the regulations in this part. [Order 74, 6 FR. 273, Jan. 11, 1941] § 146.06-2 Explosives prohibited on any vessel. No explosive or explosive composition expressly prohibited by the provisions of subsection 3 of R.S. 4472 as amended shall be transported, carried, conveyed, stored, stowed or used on board any vessel. [Order 74, 6 FR. 273, Jan. 11, 1941] § 146.06-3 vessels. Articles not permitted on No high explosive or other explosive or other dangerous article or substance or combustible liquid shall be transported, carried, conveyed, stored, stowed or used on board any vessel unless such transportation, carriage, conveyance, storage, stowage or use is permitted by the regulations in this part. [Order 74, 6 FR. 273, Jan. 11, 1941] § 146.06-4 Acceptance of permitted articles. The commodity list and the tables forming part of the regulations in this subchapter indicate the explosives and other dangerous articles and combustible liquids that are permitted to be transported, carried, conveyed, stored, stowed, or used on board any vessel. No such articles shall be transported, carried, conveyed, stored, stowed, or used on board any vessel unless they comply with the conditions as shown for the substance in the commodity list and tables and the other provisions of the regulations in this subchapter as they apply to the particular character of vessel. [Order 74, 6 FR. 274, Jan. 11, 1941] § 146.06-5 "Order-Notify" or "C.O.D." shipments. Except on through bills of lading to a foreign port, shipments of Class A dangerous explosives or blasting caps in any quantity shall not be transported, carried or conveyed on board a vessel, when consigned to "Order-Notify" or "C.O.D." Such articles shall not be transported, carried or conveyed on board any vessel when a shipper consigns a shipment to himself unless the shipper has a resident representative authorized to receive the shipment at the port of discharge. [Order 74, 6 P.R. 274, Jan. 11, 1941] Explosives (except commercial Class A explosives) or other dangerous articles or combustible liquids, as defined herein, which are described, packed, marked and certified in conformity with the regulations of the Board of Transport Commissioners of Canada may be transported, carried or conveyed on board such vessels as are permitted by the regulations in this part to transport, carry or convey the particular explosive or other substance contained within the package. (CGFR 53–26, 18 F.R. 5216, Sept. 1, 1953] § 146.06-7 Emergency shipments. For conditions of the regulations governing emergency shipments see § 146.02-15. [Order 74, 6 F.R. 273, Jan. 11, 1941, as amended by Order 129, 6 FR. 8182, July 1, 1941] § 146.06-8 Handling on board vessels. Explosives or other dangerous articles or substances shall be handled on board vessels in conformity with the provisions of the detailed regulations preceding each table of the various classifications and provisions set forth for the particular substances as shown in the tables: Provided, however, That railroad vehicles, highway vehicles, vans, or portable containers loaded with any permitted explosives or other dangerous articles or substances shall be handled on board the vessel in accordance with the provisions of Subpart 146.07. Highway or railroad vehicles loaded with permitted explosives or other dangerous articles or substances shall be handled on ferry vessels in accordance with the provisions of Subpart 146.08. [CGFR 62-11, 27 F.R. 5281, June 5, 1962] § 146.06-9 Stowage on board vessels. (a) Stowage of a particular explosive or other dangerous article or substance or a combustible liquid on board a vessel may be any permitted stowage in accordance with the provisions as shown in the tables as applying to the character of vessel upon which the substance is permitted to be transported or stored. (b) When only one stowage is shown, no other stowage shall be utilized. When more than one stowage is indicated any or all of the indicated stowages may be utilized. When "Tween decks” is authorized for stowage "Tween decks readily accessible" may also be used, but not the reverse thereof. When "Under deck" is authorized for stowage "Under deck away from heat" may also be used, but not the reverse thereof. (c) Explosives of different classes or characteristics shall not be stowed together in the same compartment or magazine except as indicated in the chart in § 146.20-90, and the detailed regulations shown in §§ 146.20-1 to 146.20-300. Explosives and other dangerous articles or substances shall not be stowed together in the same hold or compartment except as indicated in the detailed regulations preceding each table of the various classifications and the provisions set forth for the particular substances as shown in the tables. (d) The provisions of this section shall not apply to railroad vehicles, highway vehicles, vans or portable containers in which are loaded any permitted explosives or other dangerous articles, which are provided for in Subpart 146.07. (e) The provisions of this section shall not apply to railroad and highway vehicles in which are loaded any permitted explosives or other dangerous articles in compliance with the DOT regulations governing such loading, or combustible liquids when loaded in compliance with the regulations in this part, when carried on board a ferry vessel in accordance with the provisions of Subpart 146.08. [Order 74, 6 F.R. 274, Jan. 11, 1941, as amended by CGFR 53–26, 18 F.R. 5216, Sept. 1, 1953; CGFR 58-9, 23 F.R. 4839, June 28, 1958] § 146.06-10 Labels. Vessels or their owners, charterers or agents shall keep on hand an adequate supply of labels. Lost or detached labels shall be replaced from information given on shipping order, delivery receipt or transfer shipping paper applying to the shipment. [Order 74, 6 F.R. 274, Jan. 11, 1941] § 146.06-11 "No smoking" signs. Where smoking is prohibited during the loading, stowing, storing, transporting or unloading of explosives or other dangerous articles or substances by the regulations in this part, the owner, master or person in charge of the vessel is required to cause "NO SMOKING" signs to be posted. [Order 74, 6 F.R. 274, Jan. 11, 1941] § 146.06–12 Dangerous cargo_manifest, list or stowage plan required. (a) Any vessel transporting or storing explosives or other dangerous articles or substances, including a passenger vessel transporting combustible liquids in outside containers, shall, when in navigable waters of the United States, have on board a separate dangerous cargo manifest, list, or stowage plan. 1 (b) This manifest, list, or stowage plan shall be a form containing spaces for all of the information required. If a vessel elects to show the information with regard to dangerous cargo as required by § 146.06-15 upon either the outward foreign manifest (Customs Form 1374) or the inward foreign manifest (Customs Form 7527 (a) or (b)) and a copy of either of these papers is retained on board the vessel, such procedure, executed in conformance with the requirements of the regulations in this part will be considered as in full compliance: Provided, however, That separate sheets shall be allotted for entries of dangerous articles of cargo in order to segregate the record of such substances as are on board the vessel. (c) The manifest, list or stowage plan aboard the vessel shall be produced upon demand of the Commandant of the Coast Guard or his authorized representative. (d) Owners, charterers or agents of vessels transporting or storing explosives or other dangerous articles or substances, and combustible liquids, as cargo, shall retain ashore for one year a copy of the dangerous cargo manifest, list or stowage plan and shall produce said manifest or list in accordance with the provisions of § 146.02-22. [CGFR 64-20, 29 F.R, 6789, May 23, 1964] § 146.06-14 Source of information shown on manifest, list, or stowage plan. (a) The information required to appear on a dangerous cargo manifest, list, or stowage plan by the provisions of § 146.06-15(b) shall be the information actually furnished to the vessel by the shipper of the dangerous substances upon his bill of lading or other shipping paper; and the owner, charterer, agent, master, or person under whose supervision the actual preparation of the manifest, list, or stowage plan is made, shall cause the information required to be correctly transcribed. The person preparing or supervising the preparing of the dangerous cargo manifest shall certify to the truth and accuracy of the information on it to the best of his knowledge and belief by his signature and a notation of the date prepared. (b) The master, or a licensed deck officer designated by the master and attached to the vessel, or the person in charge of a barge, shall, by his signature, acknowledge the correctness of the dangerous cargo manifest, list, or stowage plan. The provisions of this paragraph shall not apply to unmanned barges. [CGFR 69-72, 34 F.R. 17487, Oct. 29, 1969] § 146.06-15 Information required on manifests, lists, or stowage plans. (a) Vessel owners, charterers, agents masters or persons in charge of vessels, including barges, shall insure that a separate dangerous cargo manifest, list or stowage plan is prepared for any vessel transporting explosives or other dangerous articles or substances, including passenger vessels carrying combustible liquids in outside containers. (b) This manifest, list or stowage plan shall show thereon the following information: (1) Name of vessel and official number. (If the vessel has no official number, the international radio call sign shall be substituted.) (2) Nationality of vessel. (3) True shipping name of all explosives and other dangerous articles as given in the commodity list of the regulations in this part. For other than domestic shipments, when the shipping name of a commodity is an "N.O.S." entry in the particular table, this entry shall be qualified by the chemical name of the commodity in parentheses, e.g., "Corrosive Liquid, N.O.S. (caprylyl chloride)." (4) Tonnage in bulk shipment or the number and description of packages (such as barrels, drums, cylinders, boxes, etc.) and their gross weight. (5) Classification of the substances in accordance with the regulations in this part (such as explosive, inflammable liquid, compressed gas, hazardous article, etc.). See § 146.01-4 of this Subchapter. (6) Label applied to the package if any required. (7) The stowage provided for the substance on board the vessel. [CGFR 64-20, 29 F.R. 6789, May 23, 1964, as amended by CGFR 66-28, 31 F.R. 8298, June 14, 1966; CGFR 69-72, 34 F.R. 17487, Oct. 29, 1969] § 146.06-20 Manifest; storage vessels. (a) Magazine vessels used for the storage of explosives and other vessels used only for the storage of other dangerous articles or substances shall be subject to the provisions of §§ 146.06-12(a) and 146.06-12(c) applying to "Dangerous Cargo Manifest" or "Dangerous Cargo List." (b) The dangerous cargo manifest or list for storage vessels shall show thereon the following information: (1) Name and address of vessel's owner. (2) Location of vessel's mooring. (3) Name of person in charge of vessel. (4) The number and description of packages, the true descriptive (shipping) name of the substances within the package and the name and address of the owner of the cargo. (c) Storage vessel manifests or lists shall be kept in such form as will show a complete record, by time intervals of one week, of all receipts and disbursements of explosives or other dangerous articles or substances. The name and address of the consignor shall be shown against all receipts and the name and address of the consignee against all deliveries. [Order 74, 6 F.R. 275, Jan. 11, 1941, as amended by CGFR 65-17, 30 F.R. 7438, June 5, 1965] Subpart 146.07-Railroad Vehicles, Highway Vehicles, Containers or Portable Tanks Loaded With Explosives or Other Dangerous Articles and Transported on Board Ocean Vessels 1 § 146.07-1 Applicability and definitions. (a) The regulations in this subpart apply to railroad vehicles, highway vehicles, containers and portable tanks in which are loaded any permitted explosives or other dangerous articles or substances, as defined in this part, when transported, carried or conveyed on board any ocean-going vessel subject to the regulations in this part. 1 CGFR 69-72, 34 F.R. 17487, Oct. 29, 1969. (b) For purposes of the regulations in this subpart the following definitions apply: (1) A railroad vehicle is a cargo carrying body or tank permanently attached to an underframe and wheels (box car, tank car, etc.) which is loaded, stowed and discharged as a unit. Tank car units shall be handled by "roll-on/rolloff" methods on vessels specially equipped for their securing or as provided in subparagraph (b) (5) of this section. (2) A highway vehicle is a cargo carrying body or tank permanently attached to the chassis and wheels which is loaded, stowed and discharged as a unit. Tank vehicle units shall be handled by "roll-on/roll-off" methods on vessels specially equipped for their securing or as provided in subparagraph (b) (6) of this section. (3) A container is defined as a cargocarrying unit which is designed and constructed to transport packaged or dry bulk cargoes. The container is designed to be placed on board a vessel intact, with or without cargo. When used as a land transportation unit it may be integrated with a chassis to form a highway vehicle. (4) A portable tank is defined as a tank with a capacity in excess of 110 U.S. gallons which is designed and constructed for transporting liquids or compressed gases, equipped with skids, mountings, or other accessories to facilitate handling and securing by mechanical means, and to be lifted on and lifted off the vessel with its contents. The maximum acceptable gross weight for portable tanks is 20,000 pounds. Portable tanks in excess of 20,000 pounds gross weight and other portable tanks not specifically authorized by the regulations of this part may be authorized by the Commandant of the Coast Guard (see § 146.02-25) provided an equivalent degree of safety can be provided, e.g., by a controlled container-handling system. (5) A trainship is a vessel other than a railroad car ferry or carfloat designed to transport railroad vehicles. If special loading and discharging gear is provided for the tank cars, which will not add additional stresses to the tank structure, they may be handled by this gear without the loading and discharging limitations of subparagraph (b)(1) of this section being applicable to this vessel. (6) A trailership is a vessel other than a highway vehicle ferry or carfloat designed to transport highway vehicles. If special loading and discharging gear is provided for the tank vehicles, which will not add additional stresses to the tank structure, they may be handled by this gear without the loading and discharging limitations of subparagraph (b) (2) of this section being applicable to this vessel. (7) A containership is a vessel designed and constructed to transport portable tanks and containers which are lifted on and lifted off with their contents intact. [CGFR 66-28, 31 F.R. 8298, June 14, 1966, as amended by CGFR 69-72, 34 F.R. 17487, Oct. 29, 1969; 34 F.R. 19030, Nov. 29, 1969] § 146.07-5 Permitted shipments. (a) Railroad vehicles, highway vehicles, containers or portable tanks in which are loaded any permitted explosives or other dangerous articles or substances may be transported, carried or conveyed on board any vessel subject to the regulations in this part, provided there is compliance with the regulations in this subpart. (b) Railroad vehicles, highway vehicles, containers or portable tanks in which are loaded explosives or other dangerous articles or substances or combustible liquids shall not be transported, carried or conveyed on board passenger vessels unless such items are specifically permitted by the regulations in this part to be transported, carried or conveyed on board passenger vessels, and provided there is compliance with the regulations in this subpart. (c) Containers and packages of explosives, inflammable (flammable) liquids, inflammable (flammable) solids, oxidizing materials, corrosive liquids, compressed gases, poisons, and hazardous articles shall be so braced and secured in accordance with Department of Transportation Regulations (49 CFR Parts 170-190) for the vehicle concerned as to prevent movement within the railroad vehicle, highway vehicle, container or portable tank in which they are being transported. Portable tanks having valves or other fittings must have the valves or fittings protected and be so loaded that there will be a minimum likelihood of damage thereto during transportation. Packages marked with storage instructions such as "This side up" or "This end up” shall be so stowed. (d) Railroad vehicles, highway vehicles, containers and portable tanks equipped with refrigerating or heating equipment using a flammable liquid or gas as fuel, and having such fuel in the fuel tank shall be transported only "On deck". Such equipment may be operated on board the vessel when the "On deck" stowage is provided. Equipment stowed on deck may be refueled under supervision of a qualified officer of the vessel assigned for such duty who shall ensure that adequate safety precautions are observed. Railroad vehicles, highway vehicles containers and portable tanks having refrigerating or heating equipment operated by internal combustion engines using fuel other than a flammable liquid or gas may be stowed and operated below deck provided that dangerous concentrations of carbon monoxide do not develop. The senior deck officer shall see that tests of the carbon monoxide content of the atmosphere are made as frequently as conditions require. Such tests shall be made in the area in which persons are working, by persons acquainted with the test equipment and procedure. The concentration of carbon monoxide in the holds and intermediate decks where persons are working shall be maintained at not more than 50 parts per million (0.005%) as a time weighted average, and persons shall be removed from the area if the concentration exceeds 75 parts per million (0.0075%). When necessary, a mechanical ventilation system of adequate capacity shall be utilized. The stowage shall be in accordance with the requirements of this part for the particular commodity. If the equipment is secured, and the fuel tank completely drained, the railroad vehicle, container, or portable tank may be stowed in accordance with the requirements of this part and subpart without any further restrictions. (e) All of that portion of the lading of any railroad vehicle, highway vehicle, container, or portable tank which consists of explosives or other dangerous articles shall be contained entirely within its body or within the horizontal outline thereof, without overhang or projection of any part of the load, and if such railroad vehicle, highway vehicle, container, or portable tank has a tailboard or tailgate, it shall be closed and secured in place during such transportation. [CGFR 69-72, 34 F.R. 17487, Oct. 29, 1969] |