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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] § 146.0244 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] 8 146.02–6 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, afirm, 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 eficiency 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

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involved, and: Provided further, That the bill of lading or other shipping paper carries the certifying statement of the shipper that the goods are packed, marked and labeled in accordance with the regulations of the Board of Transport Commissioners for Canada. (CGFR 53-26, 18 F.R. 5205, Sept. 1, 1953) $ 146.02-10 Export shipments.

(a) Export shipments of commerical Class A explosives and radioactive materials, Groups I, II or III, regardless of whether in interstate transportation prior to delivery to the vessel, shall be packed, marked, labeled or otherwise in conformity with the Interstate Commerce Commission requirements for the transportation of explosives or other dangerous articles in effect at the time of shipment.

(b) Export shipments of explosives or other dangerous articles or combustible liquids (except commerical Class A 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 MI) 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 suficiently 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.

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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 ch 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, the cargo was laden. Such information inclusive, pertaining to the care follow- as will assist in correcting faults of such ing leakage or sifting of radioactive containers should be included in this materials.

report. (CGFR 52–8, 17 F.R. 6461, July 17, 1952) (CGFR 52-8, 17 F.R. 6461, July 17, 1952] 8 146.02-14 Damaged containers.

$ 146.02-15 Emergency shipments. (a) Any outside container that is sufi- (a) In event of a casualty occurring to ciently damaged as to permit the escape

or on board a vessel involving explosives of the contents therein, or shows marks

or other dangerous articles or substances of having leaked, or the securing means on board the vessel as cargo, the master give evidence of failure to properly con

or person in charge of the vessel is tain the package, shall not be accepted

authorized to adopt such procedure as on board any vessel for transportation or will, in his judgment, provide a maxistowage, nor shall such damaged con

mum safety to the vessel, its passengers tainers be on board any vessel entering

and crew. When such a casualty results the navigable waters of the United States

in damaged containers or the emergency except in accordance with the provisions

use of unauthorized containers, such of $ 146.02-15.

containers upon arrival at a port shall (b) Any damaged outside containers, not be offered to any forwarding carrier as described in paragraph (a) of this for transportation. The vessel, owner, section, except those containing radio- agent, charterer, master or other peractive materials, other than low activity

son in charge of the vessel shall report ores, when restored or repaired to the immediately to the nearest District satisfaction of the owner or master of

Commander of the United States Coast the vessel may be accepted. Special Guard or his authorized representative attention shall be given to containers of and request instructions as to disposition substances that are required by the reg

of the damaged or unauthorized conulations to be shipped “wet” to be certain

tainers. that any escaped liquid is replaced before (b) Explosives or other dangerous the restored container is accepted.

articles or substances found on board a (c) Damaged, leaking or insecure out- vessel in an unsafe condition may be disside containers in which radioactive ma- posed of by jettisoning or otherwise deterials, other than low activity ores, are

stroyed or rendered innocuous or may be packed shall be handled in accordance continued in transportation to the nearwith the safety precautions set forth in est port whichever course may, in the $$ 146.25–1 to 146.25-400, inclusive, per- judgment of the master or person in taining to the care following leakage or charge, provide maximum safety to the sifting of radioactive materials. This vessel, its passengers and crew. If such provision shall be complied with by all substance is brought into port, delivery vessels to which the regulations in this shall not be made to the consignee or any part apply when upon the navigable forwarding carrier and a report shall waters of the United States.

immediately be made to the nearest (d) Damaged, leaking or insecure out- District Commander of the United States side containers which it is not feasible to Coast Guard or his authorized reprerestore shall be refused and promptly sentative with a request for instructions reported by the owner or master of the as to disposition of the substance. А vessel to the nearest District Commander report shall likewise be made covering of the United States Coast Guard or his the disposition by jettisoning or otherauthorized representative. This provi- wise of dangerous substances. sion shall be complied with by all vessels (c) Notwithstanding the provisions of to which the regulations in this part paragraphs (a) and (b) of this section, apply when upon the navigable waters when radioactive materials, other than of the United States.

low activity ores, are involved, the safety (e) Containers of a particular type precautions set forth in $$ 146.25–1 to that frequently show damage, leakage or 146.25–400, inclusive, pertaining to the other failure shall also be reported to care following leakage or sifting of radiothe District Commander of the United active materials shall be followed whenStates Coast Guard or his authorized ever practicable. representative for the district in which (CGFR 52-8, 17 F.R. 6462, July 17, 1952)

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