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articles or substances, and combustible liquids, as defined herein, on board vessels on any navigable waters within the limits of the jurisdiction of the United States including its territories and possessions excepting only the Panama Canal Zone and to make more effective the provisions of the International Convention for the Safety of Life at Sea, 1948, relative to the carriage of dangerous goods. (Order 74, 6 F.R. 254, Jan. 11, 1941, as amended by CGFR 47-35, 12 F.R. 4184, June 27, 1947; CGFR 53-26, 18 F.R. 5205, Sept. 1, 1953) f 146.01–2 Source of regulations.

The Commandant of the Coast Guard shall by regulation define, describe, name and classify all explosives or other dangerous articles or substances, and combustible liquids and shall establish such regulations as may be necessary to make effective the purpose intended. (Order 74, 6 F.R. 254, Jan. 11, 1941, as amended by CGFR 47-35, 12 F.R. 4184, June 27, 1947) § 146.01–3 Plan of regulations.

Regulations setting forth general requirements covering the transportation of explosives or other dangerous articles or substances, and combustible liquids will be found in $ $ 146.01–1 to 146.10-50. Regulations setting forth detailed requirements applicable to individual substances will be found under their particular classification in $$ 146.20-1 to 146.27– 100. $ 146.01-4 Classifications.

Explosives or other dangerous articles or substances, and combustible liquids are classified in the regulations in this part according to their principal characteristics and properties as follows: Explosives:

Class A-Dangerous explosives.
Class B Less dangerous explosives.

Class C-Relatively safe explosives.
Inflammable liquids.
Inflammable solids and oxidizing materials.
Corrosive liquids.
Compressed gases.
Poisons:

Extremely dangerous poison, Class A.
Less dangerous poison, Class B.
Tear gases Irritating substances,

Class C.
Radioactive materials, Class D.
Combustible liquids.
Hazardous articles.
(CGFR 52–8, 17 F.R. 6461, July 17, 1952]

§ 146.01–5 Changes in regulations.

Changes in regulations usually result from the development of new information, altered conditions, improvement in manufacture, or modernized commercial practices. Proposals for changes will be considered by the Commandant of the Coast Guard on his own motion or upon a request submitted by any carrier interest, by industry, or other interested party. [Order 74, 6 F.R. 254, Jan. 11, 1941, as amended by CGFR 47–35, 12 F.R. 4184, June 27, 1947) § 146.01–6 Provision for notice and

public hearing. Additions, alterations, amendments or repeals of any of the regulations in this subchapter except in an emergency, shall be published and public hearings with respect thereto shall be held on such notice as the Commandant of the Coast Guard deems advisable under the circumstances. Any additions, alterations, amendments or repeals shall, unless a shorter time is authorized by the Commandant of the Coast Guard take effect 90 days after their promulgation. 1 Order 74, 6 F.R. 254, Jan. 11, 1941, as amended by CGFR 47–35, 12 F.R. 4184, June 27, 1947) $ 146.01–7 Inflammable or combusti

ble liquids in bulk. Nothing in the regulations in this part shall be construed as affecting the transportation of inflammable or combustible liquids in bulk, such transportation being governed by the regulations promulgated under the provisions of section 4417a of the Revised Statutes, as amended (49 Stat. 1889, sec. 3, 54 Stat. 1028; 46 U.S.C. 391a). $ 146.01–8 Effective date of regulations.

The regulations in this subchapter became effective on and after April 9, 1941. (CGFR 53–26, 18 F.R. 5205, Sept. 1, 1953] $ 146.01–9 Supersedes existing rulings.

All rulings in existence on the effective date of the regulations in this part regarding transportation, packing, marking, labeling or storage, as cargo, of explosives or other dangerous articles or substances, and combustible liquids, on board vessels as promulgated by the office of the Director of the Bureau of Marine Inspection and Navigation are superseded by the regulations in this part; except nothing in this provision shall be construed as affecting the transportation

or

of inflammable or combustible liquids in bulk under the provisions of section 4417a of the Revised Statutes, as amended (46 U. S. C. 391a). $ 146.01–10 Supersedes existing regula

tions. General rules and regulations in existence on the effective date of the regulations in this part (Apr. 9, 1941) regarding the transportation, packing or stowage, as cargo, on board passenger vessels of hay, straw, baled cotton, baled hemp, or other inflammable material, and refined petroleum having a flashpoint of not less than 110° F., lubricating oils, kerosene or other illuminating oils as promulgated by the Board of Supervising Inspectors of the Bureau of Marine Inspection and Navigation are superseded by the regulations in this part. $ 146.01-11 Other requirements under

title 52 of the Revised Statutes. Nothing contained in the regulations in this subchapter shall be construed as relieving any vessel subject to the provisions of the regulations in this part from any other of the requirements of title 52 (secs. 4399 to 4500, inclusive) of the Revised Statutes of acts amendatory or supplementary thereto and regulations thereunder applicable to such vessel, which are not inconsistent herewith. $ 146.01-12 Local regulations.

Nothing in the regulations in this subchapter shall be construed as preventing the enforcement of reasonable local regulations, now in effect or hereafter adopted, when such regulations are not inconsistent or in conflict with the provisions of the regulations in this part. $ 146.01-13 Penalties.

(a) Whoever shall knowingly violate any of the provisions of R.S. 4472, as amended, or any of the regulations established thereunder shall be subject to a penalty of not more than $2,000 for each violation. In the case of any such violation on the part of the owner, charterer, agent, master, or person in charge of the vessel, such vessel shall be liable for the penalty and may be seized and proceeded against by way of libel in the district court of the United States in any district in which such vessel may be found.

(b) When the death or bodily injury of any person results from the violation of R.S. 4472, as amended, or any regu

lations made in pursuance thereof, the person or persons who shall have knowingly violated or caused to be violated such provisions or regulations shall be fined not more than $10,000 or imprisoned not more than 10 years, or both. (CGFR 63–19, 28 F.R. 5379, May 30, 1963) Subpart 146.02—General Regulations $ 146.02-1 Scope of regulations.

(a) The regulations in this part define explosives or other dangerous articles or substances, and combustible liquids for purposes of safety in transportation or storage on board vessels;

(b) Set forth the requirements that shall be observed in the preparation and packing of explosives or other dangerous articles or substances, and combustible liquids for shipment or storage on board vessels;

(c) 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;

(d) Set forth the provisions under which permitted explos les or other dangerous articles or substances, and combustible liquids 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 explosives or other dangerous articles or substances, and combustible liquids found to be in an unsafe condition when on board a vessel;

(e) Establish such other requirements as may be necessary to make effective the purposes of R. S. 4472, as amended. [Order 74, 6 F.R. 256, Jan. 11, 1941) 146.02–2 Application to vessels.

The regulations in this subchapter apply to all vessels, domestic or foreign, regardless of character, tonnage, size, service and whether self-propelled or not, whether arriving or departing, or under way, moored, anchored, aground, or while in drydock to the extent and in the manner indicated herein.

(a) The regulations in this part shall not apply to any public vessel which is not engaged in commercial service.

(b) The regulations on this part shall not apply to any vessel subject to the provisions of R.S. 4417a, as amended, which is constructed or converted for the

principal purpose of carrying inflam- (i) In addition to complying with the mable or combustible liquid cargo in bulk requirements of this part, foreign vessels in its own tanks, except such vessel shall of novel design or construction whose be subject to the provisions of R.S. 4472, operation involves potential unusual as amended, with respect to explosives risks shall be subject to inspection to the prohibited to be transported, stored, or extent necessary to safeguard life and stowed on board any vessel.

property in United States' ports. For (c) Regulations with respect to explo- details

concerning inspection see § 2.01sives prohibited by subsection 3, of R.S. 13 of Subchapter A (Procedures Appli4472, as amended, apply to all vessels. cable to the Public), § 30.01-5 of Sub

(d) Regulations with respect to the chapter D (Tank Vessels), $ 70.05–3 of transportation, storage, or stowage of Subchapter H (Passenger Vessels), and high explosives on board passenger ves- $ 90.05–1 of Subchapter I (Cargo and sels apply to all vessels defined as “Pas- Miscellaneous Vessels) of this chapter. senger Vessels" in $ 146.03–36.

(Order 74, 6 F.R. 256, Jan. 11, 1941, as amend(e) Regulations with respect to the ed, CGFR 62-17, 27 F.R. 9043, Sept. 11, 1962] transportation, storage or stowage of

§ 146.02–3 Application to shippers. high explosives on board vessels, other than passenger-carrying vessels, apply Regulations wi respect to definitions, to all vessels defined as "Barges" or descriptive name, shipping name, pack"Cargo Vessels” in § 146.03–36.

ing, marking authorized containers, (f) Regulations with respect to the labeling and certification of shipments transportation, storage or stowage of of explosives or other dangerous articles explosives (other than high explosives) or substances, and combustible liquids, or other dangerous articles or substances apply to all shippers offering such articles apply to all vessels, except vessels specifi- or substances for transportation or storcally exempted from such regulations by age on board vessels to which the regulathe provisions of R.S. 4472, as amended,

tions in this part apply. or vessels that are, or may be, specifically (Order 74, 6 F.R. 256, Jan. 11, 1941, as amendexempted by the regulations in this part. ed, CGFR 47–35, 12 F.R. 4184, June 27, 1947] Vessels specifically exempted by R.S.

$ 146.02–4 Application to others. 4472, as amended, are:

The provisions of the regulations in (1) Vessels not exceeding fifteen (15) gross tons when not engaged in carrying

this part, insofar as applicable to them

respectively, are binding upon owners, passengers for hire; (2) Vessels used exclusively for pleas

charterers, agents, masters, or persons

in charge of vessels subject to the reguure; (3) Vessels, not exceeding five hun

lations in this part and upon all other dred (500) gross tons while engaged in

persons transporting, carrying, conveythe fisheries;

ing, handling, storing or stowing on (4) Tugs or towing vessels, except as

board such vessels any explosives or to fire prevention and extinguishing re

other dangerous articles or substances,

and combustible liquids. quirements provided for by subsection 6 (b) (4) of R.S. 4472, as amended;

[Order 74, 6 F.R. 256, Jan. 11, 1941, as amend

ed, CGFR 47–35, 12 F.R. 4184, June 27, 1947) (5) Cable vessels, dredges, elevator vessels, fireboats, ice-breakers, pile driv- $ 146.02–5 Compliance. ers, pilot boats, welding vessels, salvage

The applicable provisions of the reguand wrecking vessels.

lations in this part shall be observed by: (g) Inflammable or combustible liquid

(a) All vessels, domestic or foreign, cargo in bulk is also exempt from the

subject to the regulations in this part, regulations in this part: Provided, how

and the owners, charterers, agents, masever, That the handling and stowage of

ters or persons in charge of such vessels; such liquid cargo in bulk, on board ves

(b) Railway or highway carriers and sels to which the regulations in this part

their operators, owners, agents or repmay apply, shall be subjected to the pro

resentatives when vehicles operated by visions of section 4417a of the Revised

such carriers and loaded with explosives Statutes, as amended.

or other dangerous articles or sub(h) Regulations with respect to the

stances, and combustible liquids are oftransportation, storage, or stowage of

fered for transportation or enter on board combustible liquids packed in barrels,

a vessel; drums, or other packages apply only to (c) All shippers, their agents or other passenger vessels.

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;

(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 specially designated by the Atomic 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

11

involved, and: Provided further, That plosives or other dangerous articles in the bill of lading or other shipping paper effect at the time of shipment. carries the certifying statement of the (b) Import shipments of explosives or shipper that the goods are packed, other dangerous articles (except commarked and labeled in accordance with mercial Class A explosives and radiothe regulations of the Board of Trans- active materials, Groups I, II, and MI) port Commissioners for Canada.

destined upon arrival at domestic ports (CGFR 53-26, 18 F.R. 5205, Sept. 1, 1953) for further transportation, in original

containers, by common carrier by rail, § 146.02-10 Export shipments.

or by common or contract carrier by (a) Export shipments of commerical motor vehicle, shall comply with the Class A explosives and radioactive mate- Interstate Commerce Commission regurials, Groups I, II or III, regardless of lations for the transportation of exwhether in interstate transportation plosives or other dangerous articles in prior to delivery to the vessel, shall be effect at the time of shipment. The impacked, marked, labeled or otherwise in porter shall furnish with the order to conformity with the Interstate Com- the foreign shipper, and also to the formerce Commission requirements for the warding agent at the port of entry, full transportation of explosives or other and complete information as to packing, dangerous articles in effect at the time marking, labeling and other requireof shipment.

ments as prescribed by the Interstate (b) Export shipments of explosives or Commerce Commission regulations (see other dangerous articles or combustible $ 146.05-14). liquids (except commerical Class A (c) Import shipments of explosives or explosives and radioactive materials, other dangerous articles or combustible Groups I, II and III) may be accepted liquids (except commercial Class A exfor transportation when packed, marked. plosives and radioactive materials, labeled and described in accordance with Groups I, II, and III) accepted for transthe regulations of the country of destina- portation in a foreign port in outside tion. The bill of lading or other shipping metal or wooden barrels or drums not paper shall identify such shipments by exceeding 110 gallons capacity, wooden the shipping name shown in the regula- boxes not exceeding 300 pounds weight tions in this part for the particular sub- of box and contents, or fiberboard boxes stance, and also shall certify that the not exceeding 65 pounds weight of box packing, marking and labeling is in ac- and contents, which upon arrival at cordance with the foreign regulations domestic ports are not destined for and identify by title or otherwise such transportation in these original import foreign regulations. Markings on ex- containers by common carrier by rail, or port packages may be in the language of common or contract carrier by motor the country of destination. Labels as vehicle, may be accepted on board vesprescribed in the regulations in this part sels provided the shipper certified upon shall be affixed or printed or stamped the bill of lading or other shipping paupon such export packages when offered per that the container is in conformity for transportation in lots of one hundred with the regulations of the country of (100) or less packages. Stowage on origin. If the country of origin has no board a vessel shall be in accordance

regulations governing the transportation with the regulations in this part as ap

by vessel of the explosives and dangerplicable to the particular character of

ous substances involved, the shipper shall

certify that the container is SO convessel.

structed as to maintain its complete (CGFR 59–14, 24 F.R. 5267, June 30, 1959)

integrity under all conditions likely to $ 146.02-11 Import shipments.

be encountered during transportation. (a) Import shipments of commercial The master of the vessel, before acceptClass A explosives and radioactive mate- ing such import shipments, shall satisfy rials, Groups I, II, and III, regardless of himself that the containers are suffiwhether destined upon arrival at domes- ciently strong to stand, without rupture tic ports for further transportation or or leakage of contents, all risks ordinarnot shall be packed, marked, labeled, or ily incident to transportation. Stowage otherwise in conformity with the Inter- of import shipments on board vessels state Commerce Commission require- shall be in accordance with the proviments for the transportation of ex- sions of the regulations in this part.

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