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(d) Shipments of explosives or other action taken as a result thereof shall be dangerous articles or combustible liquids a subject for log entry. (except commercial Class A explosives (b) On all barges an inspection of and radioactive materials, Groups I, II, the cargo shall be made by the person and III) accepted for transportation in responsible to the owner, charterer or a foreign port which upon arrival at agent who is in charge of loading and domestic ports are destined for trans- stowing the cargo on board the barge shipment on vessels subject to the regu- after the stowage has been completed to lations of this part, may be accepted on insure that such stowage has been propsuch vessels provided the bill of lading erly accomplished and that there are no or other shipping paper identifies the visible signs of damage to any of the shipment by the shipping name shown containers or apparent evidence of heatin the regulations in this part for the ing, leaking or sifting of containers or particular substance and provided fur- escape of any of the contents of the ther that the dangerous cargo is certified containers. to be described as above and to be pack- (c) On all magazine vessels storing aged, marked and labeled in accordance explosives an inspection of the cargo with the regulations or the regulations shall be made by the person in charge of of the country of origin of the cargo the magazine vessel after the stowage (provided such regulations are compati- has been completed to insure that such ble with minimum safety requirements stowage has been properly accomplished of the regulations in this part). The and that there are no visible signs of connecting carrier, before accepting such damage to any of the containers or aptransshipments, shall satisfy himself parent evidence of heating, leaking or that the provisions of this paragraph are

sifting of containers or escape of any of complied with. The master of the vessel the contents of the containers. shall satisfy himself that the containers (d) When inspecting cargoes of danare sufficiently strong to withstand, gerous articles capable of evolving inwithout rupture or leakage of contents, flammable vapors as required in paraall risks incident to transportation. graphs (a), (b) and (c) of this section Stowage on board vessels shall be in any artificial means of illumination shall accordance with the provisions of the be of a vapor proof type. regulations in this part.

(Order 74, 6 F.R. 257, Jan. 11, 1941, as (CGFR 59–14, 24 F.R. 5267, June 30, 1959)

amended by CGFR 58-9, 23 F.R. 4839, June

28, 1958) $ 146.02–12 Inspection of cargo.

§ 146.02–13 Report fires. (a) On all vessels, other than barges and magazine vessels storing explosives,

(a) The master of any ocean-going an inspection of cargoes of explosives or

vessel having on board explosives or other other dangerous articles or substances

dangerous articles or substances as cargo shall be ordered by the master of the ves

and about to enter a port of the United

States shall make or cause to be made an sel during a voyage to insure that such cargo is carried with safety and that no

inspection immediately prior to entering damage caused by shifting cargo, spon

such port. If the inspection discloses the taneous heating, leaking or sifting of

presence of fire or any other hazardous containers or from other causes has been

condition, such condition shall immedisustained since loading and stowage.

ately be reported to the District ComOn such vessels that have dangerous

mander of the United States Coast Guard cargo stowed on board for a period ex

or his authorized representative having

supervision over the port or place to ceeding twenty-four (24) hours tempera

which the vessel is bound and the master ture readings shall be taken at proper

or person in charge of such vessel shall intervals and such temperatures recorded

comply with the instructions given by the and retained for one year as a record for District Commander or his authorized each voyage. When any cargo is dis- representative as to the procedure to be covered to be in a dangerous condition followed in entering the port or place. from leakage, sifting, heating, wetting (b) In the event of wreck, fire, or other or other causes, such condition shall be disaster involving radioactive materials, corrected in such manner as the judg- other than low activity ores, or that part ment of the master may dictate. All of a vessel where radioactive material, unusual circumstances divulged during other than low activity ores, is stowed, inspection of dangerous cargo and any 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 PR. 6461, July 17, 1952) § 146.02–14 Damaged containers.

(a) Any outside container that is suficiently 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 wil, 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. А 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)

common

$ 146.02–16 Shipments in violation.

(a) Shipments of explosives or other dangerous articles or substances found by a vessel's owner, agent, charterer, master, or person in charge to have been tendered or delivered for transportation on board a essel under a false or deceptive descriptive name, marking, invoice, shipping paper or other declaration, or without the shipper furnishing information in writing of the true character thereof at or before the time of delivery, shall be refused transportation and the District Commander of the United States Coast Guard or his authorized representative, for the district in which such cargo was offered shall promptly be notified, in writing, of all the facts in connection with such violation.

(b) When any such shipments are found in transit the master of the vessel is authorized to adopt such procedure as will in his judgment provide maximum safety to the vessel, its passengers and crew. If 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 shipment. (CGFR 52–8, 17 F.R. 6462, July 17, 1952) $ 146.02–17 Handling and stowage of

cargo. Explosives or other dangerous articles or substances as cargo shall be handled or stowed on board vessels under the direction and observation of a qualified person assigned for such duty. For vessels engaged in voyages coastwise, or on rivers, bays, sounds or lakes, including the Great Lakes when the voyage is not foreign-going, such person may be an employee of the vessel owner or charterer and so assigned by said owner or charterer or he may be a licensed officer attached to the vessel and assigned by the master of the vessel. For domestic vessels engaged in voyages foreign-going or intercoastal such persons shall be an oficer possessing an unexpired license issued by the U.S. Coast Guard and assigned to such duty by the owner, charterer, agent or master of the vessel. For foreign vessels such person shall be an officer of the vessel assigned to such duty by the master of the vessel. (Order 74, 6 F.R. 258, Jan. 11, 1941, as amended, CGFR 47–35, 12 F.R. 4184, June 27, 1947]

$ 146.02–18 Shipments via

carrier vessels. (a) Regulations promulgated by the Interstate Commerce Commission under the title of "Explosives and Other Dangerous Articles" in effect at the time of shipment wi respect to definitions, descriptions, descriptive names and classifications of explosives, inflammable liquids, inflammable solids, oxidizing materials, corrosive liquids, compressed gases and poisonous articles; and with respect to specifications of containers for such articles and with respect to the packing, marking, labeling and certification of such articles are adopted and form part of the regulations in this part and shall be complied with by all persons packing and preparing, and all shippers offering such articles for transportation by vessels that are common carriers: Provided, however, That the acceptance on board vessels of containers laden with such articles or bulk shipments of such articles shall comply with the provisions of the regulations in this part. Import or export shipments of such articles shall comply with the provisions of $$ 146.02– 10 and 146.02–11.

(b) Shipments of combustible liquids or hazardous articles, when prepared, packed and offered for transportation by vessels that are common carrier vessels shall, with respect to definitions, descriptions, descriptive names and classifications, and with respect to containers for such articles or substances; and with respect to the packing, marking and certifi. cation of such articles or substances conform to the applicable provisions of the regulations contained in this part. Import or export shipments of such articles or substances shall comply with the provisions of $ $ 146.02–10 and 146.02–11. [Order 74, 6 F.R. 258, Jan. 11, 1941, as amended, CGFR 47-35, 12 F.R. 4184, June 27, 1947] § 146.02–19 Shipments via vessels other

than common carriers. (a) Explosives or other dangerous articles or substances packed in barrels, drums, boxes, cylinders, carboys or bags and offered for transportation or storage on board vessels that are not common carrier vessels shall with respect to definitions, descriptions, descriptive names and classifications of explosives, infiammable liquids, oxidizing materials, corrosive liquids, compressed gases and poisonous articles, and with respect to specifications of containers for such arti

cles or substances, and with respect to the packing, marking, labeling and certification of such articles or substances conform to the requirements of the regulations in effect at the time of shipment as promulgated by the Interstate Commerce Commission under the title of "Explosives and Other Dangerous Articles" (49 CFR Parts 71–78) except as may be otherwise required by the regulations herein. Import or export shipments of such articles or substances shall comply with the provisions of $$ 146.02-10 and 146.02-11.

(b) Shipments of combustible liquids or hazardous articles, prepared, packed, and offered for transportation by vessels other than common carrier vessels, shall, with respect to definitions, descriptions, descriptive names and classifications; and with respect to containers for such articles or substances; and with respect to the packing, marking and certification of such articles or substances conform to the applicable provisions of the regulations contained in this part. (Order 74, 6 F.R. 258, Jan. 11, 1941, as amended, CGFR 53–26, 18 F.R. 5205, Sept. 1, 1953) § 146.02–20 Repairs or work involving

welding or burning or other hazards. (a) A vessel having on board explosives or other dangerous articles as cargo shall not proceed to a ship repair plant or enter upon a drydock or marine railway or otherwise undertake repairs, or any work involving welding or burning, or the use of powder actuated tools or appliances which may produce intense heat, in violation of any of the following provisions:

(1) No such repairs or work, except emergency repairs to the vessel's main propelling or boiler plant or auxiliaries thereto, shall be undertaken while any explosives as cargo are on board.

(2) No such repairs or work shall be undertaken in holds containing any other dangerous articles as cargo, nor in compartments adjoining holds in which other dangerous articles as cargo are stowed except necessary repairs to the vessel's main propelling or boiler plant or auxiliaries thereto, including tail shaft and propeller.

(3) No such repairs or work shall be undertaken in or upon boundaries of holds, after the discharge of any cargo of explosives or inflammable solids or oxidizing materials, until all precautions

are taken to see that no residue of cargo is left to create a hazard.

(4) No such repairs or work shall be undertaken in, or upon boundaries of, holds that have lately contained substances capable of giving off inflammable or explosive vapors, until such holds have been determined gas free.

(b) None of the provisions in paragraph (a) of this section shall apply to permitted articles of ships' stores and supplies of a dangerous nature, although provisions shall be taken to afford safe storage and protection to such stores from any risk incident to the repair work.

(c) Contrary to the provisions set forth in this section, emergency repairs may be undertaken when in the judgment of the master, such repairs are necessary for the safety of the vessel, its passengers and crew. (CGFR 53-54, 18 F.R. 8228, Dec. 16, 1953) § 146.02–21 Statements of characteris

tic properties. In the second column of the tables shown in $ $ 146.20-100, 146.20-200, 146.20–300, 146.21-100, 146.22-100, 146.23–100, 146.24-100, 146.25–100, 146.25–200, 146.25-300, 146.25-400, 146.26–100, and 146.27-100 are statements in italics setting forth certain characteristic properties of the substances listed therein. It is not intended that these statements set forth all the characteristic properties of a particular substance and such statements as are shown are informative only. [Order 74, 6 F.R. 259, Jan. 11, 1941, as amended by CGFR 53-26, 18 F.R. 5205, Sept. 1, 1953) § 146.02–22 Preservation of records.

(a) Where the regulations in this part require the preparation of shipping orders, manifests, or other shipping documents, cargo lists, cargo stowage plans, reports and any other papers or records, it shall be the duty of the owner of the vessel to preserve such records or copies thereof in his office or place of business in the United States for a period of one year. Persons or corporations chartering or engaging or contracting for the use of vessels under such terms and conditions that they have full and exclusive control of the management and operating of such vessels shall be subject to the same requirement for preservation of records as are imposed upon owners of vessels by this section and in such cases

the owners shall not be required to pre- having a water capacity of not more than serve such records.

1,000 pounds, which are actually loaded (b) Any records required to be so pre- and discharged from vessels with their served shall be produced to the Com- contents intact. mandant of the Coast Guard or his (b) The phrase "inflammable or comauthorized representative upon his re- bustible liquid cargo in bulk” as used in quest therefor.

R.S. 4417a, as amended (46 U.S.C. 391a), (Order 74, 6 F.R. 259, Jan. 11, 1941, as and in R.S. 4472, as amended (46 U.S.C. amended by CGFR 47–35, 12 F.R. 4184, June 170), is interpreted to include such cargo 27, 1947, CGFR 58–9, 23 F.R. 4839, June 28, in portable containers of a capacity of 1958; CGFR 62–11, 27 F.R. 5280, June 5, 1962) more than 110 U.S. gallons. § 146.02–25 Conditions under which (c) The phrase “liquid cargo" used in equivalents or alternative procedures

R.S. 4417a, as amended (46 U.S.C. 391a), may be used.

is interpreted to mean inflammable or

combustible liquids. (a) When in this subchapter it is provided that a particular fitting, appliance,

(Interpret or apply R.S. 4417a, as amended

(46 U.S.C. 391a)) (CGFR 63-19, 28 F.R. apparatus, equipment, or container, or

5379, May 30, 1963) type thereof, shall be fitted or carried in a vessel, or that any particular arrange- Subpart 146.03—Definitions of Words ment shall be adopted, the Commandant and Terms Contained Within the may accept in substitution therefor any

Regulations in this Subchapter other fitting, apparatus, equipment, or

SOURCE: $ $ 146.03-1 to 146.03-38 contained container, or type thereof, or any other

in Order 74, 6 F.R. 259, Jan. 11, 1941, except arrangement: Provided, That he shall

as otherwise noted. have been satisfied by suitable trials or tests that the fitting, appliance, appara

$ 146.03-1 MIN. tus, equipment, or container, or type The letters "MIN” refer to “Marine thereof, or the arrangement is at least

Inspection and Navigation”, a former as effective as that specified in this

Bureau in the Department of Commerce subchapter.

whose functions are now carried out by (b) In any case where it is shown to

the Coast Guard. the satisfaction of the Commandant that

(CGFR 62–11, 27 F.R. 5280, June 5, 1962] the use of any particular equipment, apparatus, container, or arrangement not § 146.03–3 Bulk. specifically required by law is unreason- The word "bulk” means substances able or impracticable, the Commandant

which are loaded and carried on board a may permit the use of alternate equip

vessel without benefit of containers or ment, apparatus, container, or arrange

wrappers, and received and delivered by ment to such an extent and upon such the vessel carrier without mark or count: conditions as will insure, to his satisfac

Provided, however, That this definition tion, a degree of safety consistent with

does not apply to initiating or priming the minimum standards set forth in this

explosives. subchapter. (c) When the procedures, designs, or

§ 146.03–5 Cargo. methods of stowage or construction are For the purposes of the regulations submitted for approval the Commandant in this part “cargo" is defined as any is authorized to act regarding the ap- explosive or other dangerous article or proval or disapproval of such new devel- substance, and combustible liquids, as opments for which no regulations have defined within the regulations in this been provided.

part, laden on board a vessel, with or (CGFR 57-30, 22 F.R. 4447, June 25, 1957] without being confined within a con8 146.02–30 Portable containers-in. tainer, for the purpose of transporting terpretive rulings.

or storing such goods in the vessel. (a) The phrase "drums, barrels, or § 146.03–6 CFC. other packages," as used in R.S. 4417a,

The initials “CFC” refer to Consolias amended (46 U.S.C. 391a), and in R.S.

dated Freight Classification. 4472, as amended (46 U.S.C. 170), is interpreted to mean portable containers

§ 146.03-7 Character of vessel. having a maximum capacity of 110 U.S. The term "character of vessel" means gallons and ICC specification cylinders the type of service in which the vessel is

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