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]

All cargo vessels transporting or storing explosives or other dangerous articles or substances as cargo shall have on board during the period of transportation or storage a manifest or list upon which is correctly described every article as defined by the regulations in this part. Passenger vessels shall in addition show every article of combustible liquids in outside containers that is on board the vessel as cargo. This record may be referred to as "Dangerous Cargo Manifest" or "Dangerous Cargo List".

[CGFR 58-9, 23 F.R. 4839, June 28, 1958] § 146.06-13 Form of manifest or list.

The manifest or list 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 § 146.06-14 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. [Order 74, 6 F.R. 273, Jan. 11, 1941, as amended by CGFR 47-35, 12 F.R. 4184, June 27, 1947]

(a) For vessels on foreign or intercoastal voyages the dangerous cargo manifest or list shall show thereon the following information:

(1) Port and date of departure.
(2) Nationality of vessel.
(3) Name of vessel.

(4) Net tonnage of vessel.
(5) Official number (if any).
(6) Custom house number (if any).
(7) Name of master.
(8) Vessel bound for.
(9) Name of agent.

(10) Address of agent.

(b) Entries of items descriptive of the dangerous cargo on board vessels on foreign or intercoastal voyages that appear upon the dangerous cargo manifest or list shall include the following information:

(1) Name of consignor.

(2) Name of consignee, or the marks and numbers when such marks and numbers are used in lieu of the consignee's name.

(3) The true shipping name as given in the commodity list of the regulations in this part for the substance.

(4) The number and description of packages (such as barrels, drums, cylinders, boxes, etc.)

(5) The gross weight of the package. (6) The classification of the substance in accordance with the regulations in this part (such as explosives, inflammable liquid, compressed gas, hazardous article, etc.)

(7) Such classification shall be shown in enlarged size of letter and underlined in order to be easily distinguished upon the manifest. (As an example: INFLAMMABLE LIQUID.)

(8) Kind and type of label applied to the package. If no label is required, so state.

(9) The stowage actually provided for the substance on board the vessel.

(c) For vessels on coastwise, rivers, bays, sounds, lakes, including Great Lakes, voyages the manifest or dangerous cargo list required to accompany a vessel navigating these waters shall show: (1) Port and date of departure. (2) Name of vessel.

(3) Name of master.

(4) Vessel bound for.

(5) True shipping name as given in the commodity list of explosives and

other dangerous articles and combustible liquids herein for the substance or substances being transported.

(6) The number of packages or units. (7) The classification of the substance in accordance with the regulations in this part.

(8) The stowage actually provided for the substance on board the vessel.

(d) For barges the manifest or dangerous cargo list (or check list) required to accompany a barge in which explosives or other dangerous articles are stowed shall show at least the following information:

(1) Name or identification number of the barge.

(2) Destination of the barge.

(3) The true shipping name as given in the commodity list of explosives and other dangerous articles herein for the substance or substances being transported.

[Order 74, 6 F.R. 274, Jan. 11, 1941]

§ 146.06-15 Source of information shown on manifest or list.

(a) The information required to appear on a dangerous cargo manifest or list by the provisions of § 146.06-14 (b), (c), and (d) 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 or list is made, shall cause the information required to be correctly transcribed.

(b) Every entry made upon the dangerous cargo manifest or list shall be a true statement to the best knowledge and belief of the master of the vessel. The provision of this paragraph shall not apply to barges.

(c) The master, shall, by his signature, acknowledge the correctness of the dangerous cargo manifest or list. The provisions of this paragraph shall not apply to barges.

[Order 74, 6 F.R. 275, Jan. 11, 1941]

§ 146.06-17 Produce manifest or list upon demand.

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 the navigable waters of the United States,

have on board a dangerous cargo manifest or list describing such articles in accordance with the regulations in this part and shall produce the manifest or list upon demand of any officer of the Coast Guard, Department of the Treasury, or any officer or employee of any executive department, independent establishment or agency of the government who is authorized by the Commandant of the Coast Guard to enforce the provisions of the regulations in this part. The provisions of this section requiring the production of manifest or list on demand shall not apply to barges.

[Order 74, 6 FR. 273, Jan. 11, 1941, as amended by CGFR 47-35, 12 F.R. 4184, June 27, 1947]

§ 146.06-18 Record copy of manifest or list.

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 or list and shall produce said manifest or list in accordance with the provisions of § 146.02-22.

[CGFR 58-9, 23 F.R. 4840, June 28, 1958] § 146.06-19 Cargo stowage plan or cargo stowage list.

Vessel owners, charterers or agents shall cause to be prepared a cargo stowage plan or cargo stowage list covering each ocean going voyage of any domestic cargo vessel transporting explosives or other dangerous articles or substances and of any domestic passenger vessel transporting such explosives or other dangerous articles or substances or combustible liquids in outside containers. The cargo stowage plan or cargo stowage list shall show in all necessary detail the exact location of the stowage of such explosives, articles or substances. The descriptive name thereof, as given in the commodity list in § 146.04-5, shall be the name used to identify these explosives or other dangerous articles or substances. Trade names, marks or other designations shall not be used to identify the dangerous cargo shown upon the stowage plan or list. When articles defined by the regulations in this part as dangerous are stowed in a compartment in which other cargo not of a dangerous nature is stowed, such other cargo that is stowed

nearest adjacent to the dangerous articles of cargo shall be accurately described and identified on the stowage plan or list. The serial numbers of railroad vehicles, highway vehicles, vans or portable containers containing no dangerous cargo shall be considered sufficient identification in the case of vessels covered by Subpart 146.07. One copy of the stowage plan or list shall be retained ashore for one year and shall be produced in accordance with the provisions of § 146.02-22.

[CGFR 58-9, 23 F.R. 4840, June 28, 1958] § 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 and 146.06-17 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, CGFR 62-48, 27 F.R. 12133, Dec. 7, 1962] Subpart 146.07-Railroad Vehicles,

Highway Vehicles, Vans or Portable
Containers Loaded With Explosives
or Other Dangerous Articles and
Transported on Board Ocean
Vessels

§ 146.07-1 Applicability and definitions.

(a) The regulations in this subpart apply to railroad vehicles, highway ve

hicles, vans and portable containers 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.

(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.

(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.

(3) A van is a cargo carrying body other than a tank container which is designed and constructed to be removed from a chassis and wheels for water transportation. It is loaded and discharged by a "lift on-lift off" method.

(4) A portable container is a cargo carrying unit other than a “van” which is designed to be loaded or discharged by a "lift on-lift off" method. Portable containers shall be ICC specification portable containers (ICC-51, ICC-60) and/or shall be approved by the Commandant, United States Coast Guard.

(5) A trainship is a vessel other than a railroad car ferry or carfloat designed to transport railroad vehicles.

(6) A trailership is a vessel other than a highway vehicle ferry or carfloat designed to transport highway vehicles.

(7) A containership is a vessel designed to transport vans or portable containers. [CGFR 58-9, 23 F.R. 4840, June 28, 1958, as amended, CGFR 61-11, 26 F.R. 3923, May 5, 1961]

§ 146.07-5 Permitted shipments.

(a) Railroad vehicles, highway vehicles, vans or portable containers 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, vans or portable containers 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 Interstate Commerce Commission Regulations (49 CFR Parts 71-78) for the vehicle concerned as to prevent movement within the railroad vehicle, highway vehicle, van or portable container in which they are being transported. Containers 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. Containers marked with stowage instructions such as "This side up" or "This end up" shall be so stowed.

(d) Railroad vehicles, highway vehicles, vans and portable containers equipped with refrigerating or heating equipment using an inflammable (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. Vehicles stowed "On deck" may be refueled under supervision of an officer of the vessel who shall ensure that adequate safety precautions are observed. If the equipment is secured, and the fuel tank completely drained, the railroad vehicle, highway vehicle, van or portable container may be stowed in accordance with the requirements of this subpart.

(e) All of that portion of the lading of any railroad vehicle, highway vehicle, van, or portable container 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, van, or portable container has a tailboard or tailgate, it shall be closed and secured in place during such transportation.

[CGFR 58-9, 23 F.R. 4841, June 28, 1958, as amended, CGFR 61-11, 26 F.R. 3923, May 5, 1961]

(a) Railroad or highway vehicles to which is attached a tank containing any explosives or other dangerous articles or substances shall not be offered or accepted for transportation on board any vessel unless such articles or substances are permitted by the regulations in this part to be carried on board a vessel, and provided there is compliance with the regulations in this subpart.

(b) This section does not apply to tank containers removed from the vehicle chassis or underframe. Such containers shall be considered portable containers, and the materials, design, construction and method of handling shall be approved by the Commandant of the United States Coast Guard.

(c) Railroad or highway vehicles to which is attached a tank, or portable tank containers, which previously contained a substance defined as dangerous by the regulations in this part, shall be transported in accordance with

§ 146.27-100.

[CGFR 58-9, 23 F.R. 4841, June 28, 1958, as amended, CGFR 61–11, 26 F.R. 3923, May 5, 1961]

§ 146.07-15 Acceptance on board vessels.

(a) The master, owner, charterer, agent or other person in charge of the vessel shall require the shipper or his agent, or the delivering carrier, or the driver of the vehicle to furnish a copy of the shipper's shipping order, shipping paper, bill of lading, manifest or other memorandum, or a waybill prepared from information furnished in the shipper's shipping order bearing the certification required by § 146.07-20 before accepting any railroad or highway vehicles, vans or portable containers in which are loaded explosives or other dangerous articles or substances. This shipping paper shall have entered upon it the proper and definite name of the commodity or commodities contained therein according to § 146.04-5, the total quantity by weight or volume, the prescribed label when required for the outside container of such article, the name and addresses of the consignor and consignee, and the identification number of the vehicle, van or portable container. In lieu of the consignee's name shipping marks may be used. The Dangerous Cargo Manifest or List (§ 146.06-12) shall be compiled from this information.

(b) The master or other person in charge of the vessel shall assign an officer of the vessel to supervise the acceptance and stowage of railroad or highway vehicles, vans or portable containers containing permitted explosives or other dangerous articles or substances. This officer shall examine the vehicles or containers for signs of leaking, damage to the container, or sifting of contents. For tanks he shall examine dome covers to ascertain if they are fitted securely; check valves, piping and the tanks for leakage or excess residue of lading. Any vehicle or container found to be damaged, leaking or sifting, or having excess residue of lading adhering thereto shall not be accepted for transportation. [CGFR 58-9, 23 F.R. 4841, June 28, 1958] § 146.07-20

Certification.

The shipping order or other memorandum furnished by the shipper, agent or delivering carrier shall bear the following certificate of the shipper or his duly authorized agent:

This is to certify that the above named articles are properly described, packed and marked, and in proper condition for transportation according to the regulations prescribed by the Interstate Commerce Commission and Commandant of the United States Coast Guard.

[CGFR 58-9, 23 F.R. 4841, June 28, 1958] § 146.07-25 Marking and placarding.

(a) Railroad vehicles, highway vehicles, vans or portable containers in which are loaded explosives or other dangerous articles in any amount shall be marked with the "Explosives," "Dangerous," "Poison Gas," or "Radioactive Material" placard as described in the Interstate Commerce Commission regulations pertaining to each means of transportation, and shall carry an identification number.

(b) The label required for the dangerous cargo within the vehicle, van or portable container shall be displayed in a conspicuous place in addition to the required placard. Individual packages are exempt from the labeling requirements provided they are not removed from the vehicle, van or portable container while aboard the vessel.

[CGFR 61-11, 26 F.R. 3924, May 5, 1961] § 146.07-30 Inspection.

Railroad vehicles, highway vehicles, vans or portable containers containing explosives or other dangerous articles or substances destined for transportation by

vessel may be opened by a duly authorized representative of the Coast Guard for inspection to determine compliance with regulations applicable to such shipments.

[CGFR 58-9, 23 F.R. 4841, May 5, 1958] § 146.07-35 Exemption of railroad and highway vehicles, vans or portable containers from detailed handling or stowage requirements.

(a) Detailed regulations governing handling and stowage of permitted explosives, inflammable (flammable) liquids, inflammable (flammable) solids, oxidizing materials, corrosive liquids, compressed gases or poisons on board vessels do not apply to such substances loaded in railroad or highway vehicles, vans or portable containers provided such substances remain within the vehicle, van or portable container, and are certified in accordance with § 146.07-20. Permit requirements for explosives (§§ 146.20-85, 146.20-87), ammonium nitrate ((§ 146.22-30) and nitro carbo nitrate (§ 146.22-40) are applicable.

(b) Detailed regulations governing handling and stowage of hazardous articles or combustible liquids on board vessels do not apply to such articles or substances loaded in railroad or highway vehicles, vans or portable containers, provided such articles or substances are certified on the shipping paper as being properly described by name, and as being packed, marked and in proper condition for transportation according to the regulations in this part.

[CGFR 58-9, 23 F.R. 4841, June 28, 1958, as amended, CGFR 61-11, 26 F.R. 3924, May 5, 1961]

§ 146.07-40 Stowage on board vessels.

Railroad or highway vehicles, vans or portable containers in which are loaded any permitted explosives or other dangerous articles or substances which are certified on the shipping papers as being described, packed, marked and labeled in accordance with Interstate Commerce Commission regulations, or hazardous articles which are described, packed, and marked in accordance with the regulations in this part, shall when taken on board the vessel be stowed in accordance with the following provisions:

(a) Explosives. Plans and specifications for highway vehicles, vans and portable containers proposed to be used for transportation of explosives, for