Imágenes de páginas
PDF
EPUB

principal purpose of carrying inflammable or combustible liquid cargo in bulk in its own tanks, except such vessel shall be subject to the provisions of R.S. 4472, as amended, with respect to explosives prohibited to be transported, stored, or stowed on board any vessel.

(c) Regulations with respect to explosives prohibited by subsection 3, of R.S. 4472, as amended, apply to all vessels.

(d) Regulations with respect to the transportation, storage, or stowage of high explosives on board passenger vessels apply to all vessels defined as "Passenger Vessels" in § 146.03-36.

(e) Regulations with respect to the transportation, storage or stowage of high explosives on board vessels, other than passenger-carrying vessels, apply to all vessels defined as "Barges" or "Cargo Vessels" in § 146.03-36.

(f) Regulations with respect to the transportation, storage or stowage of explosives (other than high explosives) or other dangerous articles or substances apply to all vessels, except vessels specifically exempted from such regulations by the provisions of R.S. 4472, as amended, or vessels that are, or may be, specifically exempted by the regulations in this part. Vessels specifically exempted by R.S. 4472, as amended, are:

(1) Vessels not exceeding fifteen (15) gross tons when not engaged in carrying passengers for hire;

(2) Vessels used exclusively for pleasure;

(3) Vessels, not exceeding five hundred (500) gross tons while engaged in the fisheries;

(4) Tugs or towing vessels, except as to fire prevention and extinguishing requirements provided for by subsection 6 (b) (4) of R.S. 4472, as amended;

(5) Cable vessels, dredges, elevator vessels, fireboats, ice-breakers, pile drivers, pilot boats, welding vessels, salvage and wrecking vessels.

(g) Inflammable or combustible liquid cargo in bulk is also exempt from the regulations in this part: Provided, however, That the handling and stowage of such liquid cargo in bulk, on board vessels to which the regulations in this part may apply, shall be subjected to the provisions of section 4417a of the Revised Statutes, as amended.

(h) Regulations with respect to the transportation, storage, or stowage of combustible liquids packed in barrels, drums, or other packages apply only to passenger vessels.

(i) In addition to complying with the requirements of this part, foreign vessels of novel design or construction whose operation involves potential unusual risks shall be subject to inspection to the extent necessary to safeguard life and property in United States' ports. For details concerning inspection see § 2.0113 of Subchapter A (Procedures Applicable to the Public), § 30.01-5 of Subchapter D (Tank Vessels), § 70.05-3 of Subchapter H (Passenger Vessels), and § 90.05-1 of Subchapter I (Cargo and Miscellaneous Vessels) of this chapter.

[Order 74, 6 F.R. 256, Jan. 11, 1941, as amended, CGFR 62–17, 27 F.R. 9043, Sept. 11, 1962] § 146.02-3 Application to shippers.

Regulations with respect to definitions, descriptive name, shipping name, packing, marking, authorized containers, labeling and certification of shipments of explosives or other dangerous articles or substances, and combustible liquids, apply to all shippers offering such articles or substances for transportation or storage on board vessels to which the regulations in this part apply.

[Order 74, 6 F.R. 256, Jan. 11, 1941, as amended, CGFR 47-35, 12 F.R. 4184, June 27, 1947] § 146.02-4 Application to others.

The provisions of the regulations in this part, insofar as applicable to them respectively, are binding upon owners, charterers, agents, masters, or persons in charge of vessels subject to the regulations in this part and upon all other persons transporting, carrying, conveying, handling, storing or stowing on board such vessels any explosives or other dangerous articles or substances, and combustible liquids.

[Order 74, 6 F.R. 256, Jan. 11, 1941, as amended, CGFR 47-35, 12 F.R. 4184, June 27, 1947] § 146.02-5 Compliance.

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

(a) All vessels, domestic or foreign, subject to the regulations in this part, and the owners, charterers, agents, masters or persons in charge of such vessels;

(b) Railway or highway carriers and their operators, owners, agents or representatives when vehicles operated by such carriers and loaded with explosives or other dangerous articles or substances, and combustible liquids are offered for transportation or enter on board a vessel;

(c) All shippers, their agents or other persons offering explosives or other dan

gerous articles or substances, and combustible liquids for transportation on board vessels;

(d) All persons engaged in the acceptance, handling, stowage, storage or transportation of explosives or other dangerous articles or substances, and combustible liquids on board vessels;

(e) All shippers or carriers of explosives or other dangerous articles or substances, and combustible liquids shall instruct their employees relative to the provisions of the regulations in this part. [Order 74, 6 F.R. 256, Jan. 11, 1941, as amended, CGFR 47-35, 12 F.R. 4184, June 27, 1947] § 146.02-6 Enforcement.

(a) The provisions of R.S. 4472, as amended, and the regulations in this subchapter shall be enforced by the U.S. Coast Guard of the Department of the Treasury. Enforcement officers may at any time and at any place within the jurisdiction of the United States board any vessel for the purpose of enforcing the provisions of the regulations in this subchapter.

(b) Any collector of customs may, when possessing knowledge that a vessel is violating any provisions of the statute or regulations established thereunder, by written order served on the master, person in charge of such vessel, or the owner or charterer thereof, or the agent of the owner or charterer, detain such vessel until such time as the provisions of the statute and the regulations in this subchapter have been complied with. The master, person in charge or owner or charterer or the agent of the owner or charterer of a vessel so detained may, within 5 days, appeal to the Commandant of the Coast Guard who may, after investigation, affirm, set aside, or modify the order of the collector.

[CGFR 47-35, 12 F.R. 4184, June 27, 1947] § 146.02-6a Assignment and certifica

tion.

(a) The National Cargo Bureau, Inc., is authorized to assist the United States Coast Guard in administering the provisions of the Dangerous Cargo Act (R.S. 4472, as amended, 46 U.S.C. 170) and the regulations in this subchapter with respect to:

(1) Inspection of vessels for suitability for loading dangerous cargo;

(2) Examination of stowage of dangerous cargo;

11

(3) Making recommendations as to stowage requirements of dangerous cargo; and

(4) Issuance of certificates of loading setting forth that the stowage of dangerous cargo is in accordance with the regulations in this subchapter.

(b) Certificates of loading of the National Cargo Bureau, Inc., may be accepted as prima facie evidence of compliance with the Dangerous Cargo Act (R.S. 4472, as amended, 46 U.S.C. 170) and the regulations in this subchapter.

[CGFR 52-50, 17 F.R. 9183, Oct. 17, 1952] § 146.02-7 Military or naval forces.

The provisions of the regulations in this part shall not be construed to prevent the transportation of military or naval forces with their accompanying munitions of war and stores.

[Order 74, 6 F.R. 257, Jan. 11, 1941]

§ 146.02-8 U.S. Government shipments.

(a) Shipments of explosives or other dangerous articles or substances offered by or consigned to the Departments of the Army, Navy, or Air Force of the United States Government shall be packed, including limitations of weight, in accordance with the Interstate Commerce Commission regulations for the transportation of explosives or other dangerous articles in effect at the time of shipment, or in containers of equal or greater strength and efficiency as required by the regulations of these Departments.

(b) Shipments of radioactive materials, made by the Atomic Energy Commission, or under its direction or supervision, which are escorted by personnel Atomic specially designated by the Energy Commission, are exempt from the regulations in this part. [CGFR 52-8, 17 F.R. 6461, July 17, 1952] § 146.02-9 Canadian shipments.

Shipments of explosives (except commercial Class A explosives) or other dangerous articles or combustible liquids as defined in this subchapter, which are packed, marked and labeled in conformity with the regulations of the Board of Transport Commissioners for Canada, may be accepted and transported on board vessels within the navigable waters of the United States: Provided, That their acceptance and stowage on board the vessel is in accordance with the regulations in this part for the substances

[blocks in formation]

A

(b) Export shipments of explosives or other dangerous articles or combustible liquids (except commerical Class explosives and radioactive materials, Groups I, II and III) may be accepted for transportation when packed, marked. labeled and described in accordance with the regulations of the country of destination. The bill of lading or other shipping paper shall identify such shipments by the shipping name shown in the regulations in this part for the particular substance, and also shall certify that the packing, marking and labeling is in accordance with the foreign regulations and identify by title or otherwise such foreign regulations. Markings on export packages may be in the language of the country of destination. Labels as prescribed in the regulations in this part shall be affixed or printed or stamped upon such export packages when offered for transportation in lots of one hundred (100) or less packages. Stowage on board a vessel shall be in accordance with the regulations in this part as applicable to the particular character of vessel.

[CGFR 59-14, 24 F.R. 5267, June 30, 1959] § 146.02-11 Import shipments.

(a) Import shipments of commercial Class A explosives and radioactive materials, Groups I, II, and III, regardless of whether destined upon arrival at domestic ports for further transportation or not shall be packed, marked, labeled, or otherwise in conformity with the Interstate Commerce Commission requirements for the transportation of ex

plosives or other dangerous articles in effect at the time of shipment.

(b) Import shipments of explosives or other dangerous articles (except commercial Class A explosives and radioactive materials, Groups I, II, and III) destined upon arrival at domestic ports for further transportation, in original containers, by common carrier by rail, or by common or contract carrier by motor vehicle, shall comply with the Interstate Commerce Commission regulations for the transportation of explosives or other dangerous articles in effect at the time of shipment. The importer shall furnish with the order to the foreign shipper, and also to the forwarding agent at the port of entry, full and complete information as to packing, marking, labeling and other requirements as prescribed by the Interstate Commerce Commission regulations (see § 146.05-14).

(c) Import shipments of explosives or other dangerous articles or combustible liquids (except commercial Class A explosives and radioactive materials, Groups I, II, and III) accepted for transportation in a foreign port in outside metal or wooden barrels or drums not exceeding 110 gallons capacity, wooden boxes not exceeding 300 pounds weight of box and contents, or fiberboard boxes not exceeding 65 pounds weight of box and contents, which upon arrival at domestic ports are not destined for transportation in these original import containers by common carrier by rail, or common or contract carrier by motor vehicle, may be accepted on board vessels provided the shipper certified upon the bill of lading or other shipping paper that the container is in conformity with the regulations of the country of origin. If the country of origin has no regulations governing the transportation by vessel of the explosives and dangerous substances involved, the shipper shall certify that the container is so constructed as to maintain its complete integrity under all conditions likely to be encountered during transportation. The master of the vessel, before accepting such import shipments, shall satisfy himself that the containers are sufficiently strong to stand, without rupture or leakage of contents, all risks ordinarily incident to transportation. Stowage of import shipments on board vessels shall be in accordance with the provisions of the regulations in this part.

(d) Shipments of explosives or other dangerous articles or combustible liquids (except commercial Class A explosives and radioactive materials, Groups I, II, and III) accepted for transportation in a foreign port which upon arrival at domestic ports are destined for transshipment on vessels subject to the regulations of this part, may be accepted on such vessels provided the bill of lading or other shipping paper identifies the shipment by the shipping name shown in the regulations in this part for the particular substance and provided further that the dangerous cargo is certified to be described as above and to be packaged, marked and labeled in accordance with the regulations or the regulations of the country of origin of the cargo (provided such regulations are compatible with minimum safety requirements of the regulations in this part). The connecting carrier, before accepting such transshipments, shall satisfy himself that the provisions of this paragraph are complied with. The master of the vessel shall satisfy himself that the containers are sufficiently strong to withstand, without rupture or leakage of contents, all risks incident to transportation. Stowage on board vessels shall be in accordance with the provisions of the regulations in this part.

[CGFR 59-14, 24 F.R. 5267, June 30, 1959] § 146.02-12 Inspection of cargo.

(a) On all vessels, other than barges and magazine vessels storing explosives, an inspection of cargoes of explosives or other dangerous articles or substances shall be ordered by the master of the vessel during a voyage to insure that such cargo is carried with safety and that no damage caused by shifting cargo, spontaneous heating, leaking or sifting of containers or from other causes has been sustained since loading and stowage. On such vessels that have dangerous cargo stowed on board for a period exceeding twenty-four (24) hours temperature readings shall be taken at proper intervals and such temperatures recorded and retained for one year as a record for each voyage. When any cargo is discovered to be in a dangerous condition from leakage, sifting, heating, wetting or other causes, such condition shall be corrected in such manner as the judgment of the master may dictate. All unusual circumstances divulged during inspection of dangerous cargo and any

action taken as a result thereof shall be a subject for log entry.

(b) On all barges an inspection of the cargo shall be made by the person responsible to the owner, charterer or agent who is in charge of loading and stowing the cargo on board the barge after the stowage has been completed to insure that such stowage has been properly accomplished and that there are no visible signs of damage to any of the containers or apparent evidence of heating, leaking or sifting of containers or escape of any of the contents of the containers.

(c) On all magazine vessels storing explosives an inspection of the cargo shall be made by the person in charge of the magazine vessel after the stowage has been completed to insure that such stowage has been properly accomplished and that there are no visible signs of damage to any of the containers or apparent evidence of heating, leaking or sifting of containers or escape of any of the contents of the containers.

(d) When inspecting cargoes of dangerous articles capable of evolving inflammable vapors as required in paragraphs (a), (b) and (c) of this section any artificial means of illumination shall be of a vapor proof type.

[Order 74, 6 F.R. 257, Jan. 11, 1941, as amended by CGFR 58-9, 23 F.R. 4839, June 28, 1958]

§ 146.02-13 Report fires.

(a) The master of any ocean-going vessel having on board explosives or other dangerous articles or substances as cargo and about to enter a port of the United States shall make or cause to be made an inspection immediately prior to entering such port. If the inspection discloses the presence of fire or any other hazardous condition, such condition shall immediately be reported to the District Commander of the United States Coast Guard or his authorized representative having supervision over the port or place to which the vessel is bound and the master or person in charge of such vessel shall comply with the instructions given by the District Commander or his authorized representative as to the procedure to be followed in entering the port or place.

(b) In the event of wreck, fire, or other disaster involving radioactive materials, other than low activity ores, or that part of a vessel where radioactive material, other than low activity ores, is stowed, safety precautions shall be observed in

accordance with §§ 146.25-1 to 146.25-400, inclusive, pertaining to the care following leakage or sifting of radioactive materials.

[CGFR 52-8, 17 F.R. 6461, July 17, 1952] § 146.02-14 Damaged containers.

(a) Any outside container that is sufficiently damaged as to permit the escape of the contents therein, or shows marks of having leaked, or the securing means give evidence of failure to properly contain the package, shall not be accepted on board any vessel for transportation or stowage, nor shall such damaged containers be on board any vessel entering the navigable waters of the United States except in accordance with the provisions of § 146.02-15.

(b) Any damaged outside containers, as described in paragraph (a) of this section, except those containing radioactive materials, other than low activity ores, when restored or repaired to the satisfaction of the owner or master of the vessel may be accepted. Special attention shall be given to containers of substances that are required by the regulations to be shipped "wet" to be certain that any escaped liquid is replaced before the restored container is accepted.

(c) Damaged, leaking or insecure outside containers in which radioactive materials, other than low activity ores, are packed shall be handled in accordance with the safety precautions set forth in §§ 146.25-1 to 146.25-400, inclusive, pertaining to the care following leakage or sifting of radioactive materials. This provision shall be complied with by all vessels to which the regulations in this part apply when upon the navigable waters of the United States.

(d) Damaged, leaking or insecure outside containers which it is not feasible to restore shall be refused and promptly reported by the owner or master of the vessel to the nearest District Commander of the United States Coast Guard or his authorized representative. This provision shall be complied with by all vessels to which the regulations in this part apply when upon the navigable waters of the United States.

(e) Containers of a particular type that frequently show damage, leakage or other failure shall also be reported to the District Commander of the United States Coast Guard or his authorized representative for the district in which

the cargo was laden. Such information as will assist in correcting faults of such containers should be included in this report.

[CGFR 52-8, 17 F.R. 6461, July 17, 1952] § 146.02-15 Emergency shipments.

(a) In event of a casualty occurring to or on board a vessel involving explosives or other dangerous articles or substances on board the vessel as cargo, the master or person in charge of the vessel is authorized to adopt such procedure as will, in his judgment, provide a maximum safety to the vessel, its passengers and crew. When such a casualty results in damaged containers or the emergency use of unauthorized containers, such containers upon arrival at a port shall not be offered to any forwarding carrier for transportation. The vessel, owner, agent, charterer, master or other person in charge of the vessel shall report immediately to the nearest District Commander of the United States Coast Guard or his authorized representative and request instructions as to disposition of the damaged or unauthorized containers.

(b) Explosives or other dangerous articles or substances found on board a vessel in an unsafe condition may be disposed of by jettisoning or otherwise destroyed or rendered innocuous or may be continued in transportation to the nearest port whichever course may, in the judgment of the master or person in charge, provide maximum safety to the vessel, its passengers and crew. If such substance is brought into port, delivery shall not be made to the consignee or any forwarding carrier and a report shall immediately be made to the nearest District Commander of the United States Coast Guard or his authorized representative with a request for instructions as to disposition of the substance. A report shall likewise be made covering the disposition by jettisoning or otherwise of dangerous substances.

(c) Notwithstanding the provisions of paragraphs (a) and (b) of this section, when radioactive materials, other than low activity ores, are involved, the safety precautions set forth in §§ 146.25-1 to 146.25-400, inclusive, pertaining to the care following leakage or sifting of radioactive materials shall be followed whenever practicable.

[CGFR 52-8, 17 F.R. 6462, July 17, 1952]

« AnteriorContinuar »