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§ 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 vessel 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 qualifled 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 oficer 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 oficer 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 with respect to definition 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 $$ 146.02– 10 and 146.02-11.
(b) Shipments of combustible liquids or hazardous articles, when prepared, packed and offered for transportation by vessels that are common carrier vessels shall, with respect to definitions, descriptions, descriptive names and classifications, and with respect to containers for such articles or substances; and with respect to the packing, marking and certifi. cation of such articles or substances conform to the applicable provisions of the regulations contained in this part. Import or export shipments of such articles or substances shall comply with the provisions of $ $ 146.02-10 and 146.02-11. [Order 74, 6 F.R. 258, Jan. 11, 1941, as amended, CGFR 47–35, 12 F.R. 4184, June 27, 1947] § 146.02–19 Shipments via vessels other
than common carriers. (a) Explosives or other dangerous articles or substances packed in barrels, drums, boxes, cylinders, carboys or bags and offered for transportation or storage on board vessels that are not common carrier vessels shall with respect to definitions, descriptions, descriptive names and classifications of explosives, infiammable liquids, oxidizing materials, corrosive liquids, compressed gases and poisonous articles, and with respect to specifications of containers for such articles or substances, and with respect to the packing, marking, labeling and certification of such articles or substances conform to the requirements of the regulations in effect at the time of shipment as promulgated by the Interstate Commerce Commission under the title of "Explosives and Other Dangerous Articles" (49 CFR Parts 71–78) except as may be otherwise required by the regulations herein. Import or export shipments of such articles or substances shall comply with the provisions of $$ 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 infiammable 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 container, or type thereof, or any other
SOURCE: $ $ 146.03–1 to 146.03–38 contained
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 FR. 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
8 146.03–5 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 con146.02-30 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
engaged at the time of carriage of the explosives or other dangerous articles or substances subject to the regulations in this part, i.e., a cargo vessel, a passenger vessel, a ferry vessel, a railroad car ferry or a barge. § 146.03–8 Dangerous articles defined.
A dangerous article within the meaning of the regulations in this subchapter is an article falling within any of the following classifications: Explosives. Inflammable Liquids. Inflammable Solids and Oxidizing Materials. Corrosive Liquids. Compressed Gases. Poisons. Hazardous Articles. Ships' Stores and Supplies of a Dangerous
Nature. For definitions covering these classifications see the appropriate section within this subchapter. These are $$ 146.20-1146.20–11; $ 146.21–1; $ 146.22–1; § 146.23-1; $ 146.24–1; $ $ 146.25-1146.25-20; $ 146.27-1; and $$ 147.02–1– 147.02-2. Combustible Liquids are defined in § 146.26–1. (CGFR 53–26, 18 F.R. 5205, Sept. 1, 1953) § 146.03–9 Flammable or inflammable.
For the purpose of the regulations in this subchapter, the words “inflammable” and “flammable," are interchangeable or synonymous terms. (CGFR 51-19, 16 F.R. 7212, July 24, 1951) § 146.03–10 Explosive range.
The vapors of inflammable liquids (and to a lesser extent of combustible liquids) when mixed with air will in proper proportions form an explosive concentration. The low or “lean" limit and the high or “rich" limit vary in accordance with the characteristics of the liquid involved. The mixture or percent by volume between the “lean" and the "rich" mixtures is termed the “explosive range”. Any percentage of the vapor in air between these limits will be likely, upon ignition, to continue to burn with rapidity and violence, sometimes with explosive effects. § 146.03-11 Finely divided metals.
The phrase "finely divided metals” is used to describe metals that have been divided into small parts such as aluminum powder, bronze powder, metal cuttings or borings such as are produced in working metals.
§ 146.03-12 Finely divided organic ma
terial. This phrase is used to describe organic material such as charcoal, peat moss, sugar, sulfur, sawdust, powderous materials such as flour, granular materials such as seeds, grains, and cereals, or like substances. § 146.03-13
Fire point. The term "fire point” denotes the temperature at which the vapors given off by the substance, if ignited, will continue to burn. The fire point is generally higher than the flash point, although occasionally they coincide as in the case of ether, carbon disulfide, and a few other substances. $ 146.03-14 Flashpoint.
. The term "flashpoint” means the temperature at which the substance gives off inflammable vapors which in contact with spark or flame will ignite. § 146.03–15 Hermetically sealed.
The term "hermetically sealed” means perfectly closed or closed airtight by, or as by, fusion, or crimping, so that no gas nor vapor can enter or escape. [Order 74, 6 F.R. 259, Jan. 11, 1941, as amended by Order 103, 6 F.R. 1893, Apr. 11, 1941 ] $ 146.03–16 Holds gas tight.
This term means that the structural boundaries of the hold are free of openings and constructed sufficiently tight to withstand a gas pressure not in excess of 1 pound per square inch. A hold that will withstand a hose test without leakage may be assumed as being gas tight. Cargo or other openings in the structural boundaries of such holds (except over deck cargo hatches) shall be provided with tight closing means. Cargo hatch openings in the over deck provided with hatch covers and tarpaulins are accepted as satisfactory closing means for such compartment or hold. [Order 74, 6 F.R. 259, Jan. 11, 1941, as amended by Order 103, 6 F.R. 1893, Apr. 11, 1941] § 146.03-17 ICC.
The initials "ICC" refer to Interstate Commerce Commission. § 146.03-18 ICC regulations.
The term “ICC Regulations" when used in the regulations in this part refers to regulations of the Interstate Commerce Commission for "Explosives and Other Dangerous Articles" (49 CFR Parts
71-78) in effect at the time a shipment is moving and subject to the regulations in this part. [Order 74, 6 F.R. 260, Jan. 11, 1941, as amended by CGFR 53-26, 18 F.R. 5205, Sept. 1, 1953) § 146.03-19 Inside containers.
(a) The following abbreviations when used in the tables indicate that the substance is packed in "Inside Containers” of the following descriptions:
“WIC” means With Inside Containers, which may be glass, earthenware, metal, polyethylene or other authorized materials.
“WIL” means With Inside Liners.
“WIMC" means With Inside Metal Containers.
“WIMIL” means With Inside Metal Liners. "WPL” means With Inside Paper Liners.
(b) The inside containers and packing, if required, shall comply with the requirements of the Interstate Commerce Commission Regulations in effect at the time of shipment. [CGFR 53-54, 18 F.R. 8229, Dec. 16, 1953, as amended, CGFR 62–11, 27 F.R. 5280, June 5, 1962) $ 146.03-20 Label.
The term "label" means the caution label required by the regulations in this subchapter and the regulations of the ICC to be afixed to outside containers of explosives or other dangerous articles or substances. $ 146.03-21 Marking.
The term "marking” refers to the descriptive name, instructions, cautions, weight data, or specification marks that are required by the regulations in this subchapter and the regulations of the ICC to be placed upon outside containers of explosives or other dangerous articles or substances or combustible liquids. § 146.03–22 Miscible.
For the purpose of the regulations in this part the term “miscible" is applied to liquids, and means such liquids are capable of mixing freely, in many cases in all proportions, with water. § 146.03–23 Miscibility with water.
This term “miscibility with water" is shown in the regulations for the purpose of indicating the adaptability of water in volume in the event of ignition of the liquid. § 146.03–24 Navigable waters.
Where used in the regulations in this part the term "navigable waters" in
includes the navigable waters of the United States, its Territories and possessions, but not the navigable waters of the Panama Canal Zone. (Order 74, 6 F.R. 259, Jan. 11, 1941, as amended by CGFR 47–35, 12 F.R. 4184, June 27, 1947) s 146.03–25 N.0.S.
The abbreviation “N.O.S." means not otherwise specified by name in the regulations in this part. § 146.03-26 Not permitted.
The term “not permitted” means the dangerous articles or substances shall not be offered, placed on board, transported, or stored on a vessel subject to the regulations in this subchapter when the term is specifically applied in the regulations in this part to a particular substance or vessel. § 146.03–27 Outside containers.
The term "outside containers" means the outer over-all container which is authorized by the regulations in this part to be used for the packing of the particular substance. As a rule they are specification containers, but in some instances nonspecification outside containers are authorized. § 146.03-28 Prohibited.
The term “prohibited” is applied to the explosive substances named and described in subsection (3) of R.S. 4472, as amended, and means such explosive substances shall not be offered to any vessel placed on board, transported, or stored on board any vessel within the navigable waters of the United States. § 146.03–29 Shipping papers.
For definition of "shipping papers” see $ $ 146.05–12, 146.05-13 and 146.05–14. $ 146.03-30 Soluble.
For the purpose of the regulations in this part, the term “soluble” means capable of being dissolved in water, forming homogeneous or uniform mixtures. (It is to be noted that some substances freely dissolve and others dissolve very slowly.) $ 146.03–31 STC and NRC.
The term “STC” means "single trip container" that must not be reused for shipment of dangerous articles unless approved by the Interstate Commerce Commission. The term “NRC" means "nonreusable container" that must not