[Federal Register Volume 59, Number 70 (Tuesday, April 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8364]
[[Page Unknown]]
[Federal Register: April 12, 1994]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Coast Guard
_______________________________________________________________________
46 CFR Parts 97 and 148
Carriage of Bulk Solid Materials Requiring Special Handling; Proposed
Rule
DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Parts 97 and 148
[CGD 87-069]
RIN 2115-ADO2
Carriage of Bulk Solid Materials Requiring Special Handling
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend its regulations for the
carriage of certain bulk solid materials by adding materials carried
under Coast Guard Special Permits issued pursuant to this regulation
(Special Permits) and other materials contained in the International
Maritime Organization Code of Safe Practice for Solid Bulk Cargoes (IMO
Bulk Solids Code, or ``BC Code''), including coal, to the list of
materials permitted under the regulations. The special handling
procedures associated with these materials would also be included in
the regulations. The proposed revisions would harmonize U.S.
regulations with recommended international practice, and eliminate the
need to apply for Special Permits, except for newly classified
hazardous materials.
DATES: Comments must be received on or before July 11, 1994.
ADDRESSES: Comments may be mailed to the Executive Secretary, Marine
Safety Council (G-LRA/3406) (CGD 87-069), U.S. Coast Guard, 2100 Second
Street SW., Washington, DC 20593-0001, or may be delivered to Room 3406
at the same address between 8 a.m. and 3 p.m., Monday through Friday,
except Federal holidays. The telephone number is (202) 267-1477.
Comments on collection of information requirements must be mailed also
to the Office of Information and Regulatory Affairs, Office of
Management and Budget, 725 17th Street NW., Washington, DC 20503, Attn:
Desk Officer, U.S. Coast Guard.
The Executive Secretary maintains the public docket for this
rulemaking. Comments will become part of this docket and will be
available for inspection or copying at room 3406, U.S. Coast Guard
Headquarters. A copy of the material listed in ``Incorporation by
Reference'' of this preamble is available for inspection at Room 1218,
U.S. Coast Guard Headquarters.
FOR FURTHER INFORMATION CONTACT: Mr. Frank K. Thompson, Hazardous
Materials Branch, Office of Marine Safety, Security and Environmental
Protection, (202) 267-1217.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views or arguments. Persons
submitting comments should include their names and addresses, identify
this rulemaking (CDG 87-069) and the specific section of this proposal
to which each comment applies, and give the reason for each comment.
The Coast Guard requests that all comments and attachments be submitted
in an unbound format suitable for copying and electronic filing. If not
practical, a second copy of any bound material is requested. Persons
wanting acknowledgment of receipt of comments should enclose a stamped,
self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Marine Safety Council at the address
under ADDRESSES. The request should include reasons why a hearing would
be beneficial. If it determines that the opportunity for oral
presentations will aid this rulemaking, the Coast Guard will hold a
public hearing at a time and place announced by a later notice in the
Federal Register.
Drafting Information
The principal persons involved in drafting this notice are Mr.
Frank K. Thompson, Project Manager, Office of Marine Safety, Security,
and Environmental Protection, and Ms. Helen Boutrous, Project Counsel,
Office of Chief Counsel.
Regulatory History
On April 28, 1989, an Advance Notice of Proposed Rulemaking (ANPRM)
was published in the Federal Register (54 FR 18308). The Coast Guard
received sixteen letters commenting on the ANPRM. These comments will
be discussed later in this rulemaking document. A public hearing was
not requested and one was not held.
Persons interested in the portion of this rulemaking concerning
coal were provided the opportunity to attend and participate in
meetings held by the Chemical Transportation Advisory Committee,
Subcommittee on Coal Transportation. These meetings were announced in
the Federal Register, and were open to the public. Minutes of these
meetings, and the final report of the subcommittee are on file in the
rulemaking docket and may be obtained at the address under ADDRESSES.
Background and Purpose
Bulk solid hazardous materials include materials grouped into a
number of specific classes, the definitions of which are contained in
the Research and Special Programs Administration (RSPA), Department of
Transportation, Hazardous Materials Regulations (HMR) (49 CFR chapter
I, Subchapter C). There are also some solid materials which are not
properly described by any of the hazard classes defined in the HMR, but
which when carried in bulk may pose a threat to the vessel or the crew,
most commonly from a tendency to spontaneously generate heat or to
deplete the oxygen in the cargo space.
The international standard for the marine transport of solid
materials in bulk is the Code of Safe Practice for Solid Bulk Cargoes,
popularly known as the ``BC Code,'' published by the International
Maritime Organization (IMO). In the BC Code, certain materials which do
not fit into the standard IMO hazard classes are placed in the class
``Materials hazardous only in bulk'' (MHB). This class is defined as
materials which, when carried in bulk, present sufficient hazards to
require specific precautions. Examples of such materials include
materials that are liable to reduce the oxygen content in a cargo
space, self-heating materials, or materials which become hazardous when
wet.
The BC Code is currently only a recommended standard. However,
several countries have adopted the Code in their national regulations.
In addition, recent amendments to Chapter VI of the International
Convention for the Safety of Life at Sea, 1974, as amended, (SOLAS 74/
83) adopted certain general provisions of the BC Code. These amendments
to Chapter VI of SOLAS 74/83 were developed by the IMO Subcommittee on
Containers and Cargoes (BC Subcommittee), and adopted by the IMO
Maritime Safety Committee (MSC) at its 59th Session in May 1991. As
adopted by MSC, the amendments to SOLAS 74/83 entered into force for
those countries signatory to the Convention, including the United
States, on January 1, 1994. These amendments to SOLAS 74/83 make
mandatory the provisions of the BC Code dealing with cargo stowage, the
passage of cargo information from the shipper to the master and the use
of oxygen and toxic vapor analyzers. The SOLAS Chapter VI as amended
refers to the BC Code as one possible source of information on the
properties and recommended handling procedures for bulk solid
materials.
Many U.S. export shipments are bound for countries which have
adopted the BC Code as national regulations. These shipments therefore
already comply with the recommendations of the BC Code.
The Coast Guard issues Special Permits for shipments of bulk solid
materials not listed in 46 CFR part 148 in order to establish
requirements for the safe carriage of these materials. The Special
Permits allow the Coast Guard to closely monitor these shipments in
order to determine if the requirements imposed under the permit are
adequate to ensure safe carriage. The Coast Guard also uses Special
Permits to allow the shipment of materials not listed in 46 CFR part
148 for which international guidelines have been established. After a
history of safe transportation has been established under a Coast Guard
Special Permit, carriage requirements for the material may be included
in 46 CFR part 148.
The Coast Guard issues two basic types of Special Permits. The
first type of permit is issued for materials for which recommended
handling procedures are contained in the BC Code. This type of permit
basically restates the recommendations contained in the Code. The
second type of permit is issued for materials classified as hazardous
substances by the HMR or as hazardous wastes by the Environmental
Protection Agency (EPA). When hazardous substances are transported in
quantities exceeding their reportable quantity (RQ) they, by
definition, become hazardous materials. This second type of Special
Permit basically sets forth requirements for preventing crew exposure
to the materials and release of the material to the atmosphere or
water.
Twenty-five new materials are proposed for inclusion in 46 CFR part
148 as materials which require special handling when transported in
bulk by water. All of the twenty-five are covered by the BC Code; in
addition, eleven are regulated by the HMR (49 CFR Chapter I, Subchapter
C), and five are currently subject to Coast Guard Special Permits.
Twelve of the materials proposed for inclusion in 46 CFR part 148 are
classified as MHB in the BC Code.
There are ten materials, classified as MHB in the BC Code, which
have not previously been regulated by the Coast Guard, either in 46 CFR
part 148 or by Special Permit. It is the Coast Guard's position that
these materials, if handled improperly when loaded as bulk cargoes,
pose an unacceptable risk to the vessel and crew. For many of these
materials, monitoring of the cargo space for toxic or flammable gases
and oxygen will be required under Chapter VI of SOLAS 74/83 as amended.
The intent of this proposal is to include in 46 CFR part 148 the
above mentioned twenty-five materials and any special handling
procedures associated with these materials, including those
requirements which will be imposed by Chapter VI of SOLAS 74/83 as
amended.
As of April 1, 1993, the Coast Guard had the following 45 Special
permits outstanding:
SP 8-78 SP 2-85 SP 7-90 SP 2-92
SP 9-78 SP 5-85 SP 8-90 SP 3-92
SP 1-79 SP 6-85 SP 1-91 SP 4-92
SP 7-79 SP 3-86 SP 2-91 SP 5-92
SP 1-80 SP 1-87 SP 3-91 SP 6-92
SP 5-82 SP 2-87 SP 4-91 SP 7-92
SP 6-82 SP 3-87 SP 5-91 SP 8-92
SP 4-83 SP 5-88 SP 7-91 SP 1-93
SP 7-83 SP 3-89 SP 8-91 SP 2-93
SP 8-83 SP 5-90 SP 9-91 SP 3-93
SP 1-84 SP 6-90 SP 1-92 SP 4-93
SP 5-93
The above Special Permits, which affect bulk solid cargoes such as
ammonium nitrate fertilizers, ferrosilicon, and metal ore concentrates
would be terminated as of their expiration dates following publication
of a final rule.
Discussion of Comments
As stated earlier, sixteen comments were received in response to
the ANPRM.
1. Five of the comments requested that the Coast Guard reconsider
the necessity of regulating unmanned inland barges in the same manner
as oceangoing vessels. It was never the intent of the Coast Guard to
require unmanned barges to comply with the same requirements as manned
vessels. This position is evidenced by question nine in the ANPRM.
Barges would be specifically exempted from complying with the stated
requirements in several places in the NPRM. For example, barges would
not be required to carry any gas monitoring equipment. The Coast Guard
recognizes that the SOLAS Convention applies only to self-propelled
oceangoing vessels, and that to require vapor detection equipment on
unmanned barges would be unnecessary and impractical since the primary
purpose of the equipment is to protect the vessel's crew from being
exposed to harmful vapors or entering spaces which lack the oxygen
necessary to support life. Placing personnel on the vessel to take
measurements would increase the likelihood of introducing a source of
ignition that would not otherwise be present. This equipment would also
be of little benefit on open hopper barges, where any vapors generated
escape to the atmosphere.
2. One comment suggested that the responsibility of the shipper to
provide shipping papers be stated with more specificity. The Coast
Guard has adopted this suggestion. Paragraph (a) of Sec. 148.60 would
contain a provision requiring that the shipping paper be prepared by
the shipper. Additionally, in several sections, including
Secs. 148.15(a) and (b), 148.25(a) and 148.90(c), the responsibility of
the shipper would be further clarified. These sections would state that
it is the shipper's responsibility to determine if a Special Permit is
required, and to apply for the Special Permit. The shipper would also
be responsible for producing the originating shipping paper, and, most
importantly, the shipper would be responsible for passing information
to the master of the vessel (or the tug or towboat operator) concerning
the nature of the cargo to be loaded and any necessary precautions to
be taken while loading and transporting that cargo.
3. Several comments stated that classification of previously
unregulated materials as hazardous would impose unforeseen burdens on
the shippers of these materials. The comments expressed concern that
the materials would be subject to regulations covering all modes of
transport, including truck and rail, and that the Occupational Safety
and Health Administration (OSHA) requirements for Material Safety Data
Sheets and Hazard Communication Programs would be applied to shipments
of the material.
It is not the Coast Guard's intent to classify the materials
previously unregulated by the Coast Guard as ``hazardous''. In response
to the concerns raised by the comments, this NPRM proposes to change
the title of 46 CFR part 148 to ``Bulk Solid Materials Requiring
Special Handling'' thereby eliminating the word ``hazardous''. The
proposed rules would also establish a new classification called
``Potentially Dangerous Materials'' (PDM) which would parallel the IMO
classification MHB. This classification would include materials that
may be transported in bulk without posing undue risk if the precautions
described in part 148 are observed. Conversely, if these precautions
are not followed, the material in this category would have the
potential to cause harm. In most cases the proposed precautions are
simply good operating procedures that would be followed by a prudent
mariner in order to ensure the safety and integrity of the vessel.
Also, proposed Sec. 148.1 clearly states that these regulations would
apply only to bulk shipments of these materials by water, and proposed
Sec. 148.3 clearly states that materials defined as Potentially
Dangerous Materials would be regulated only when being carried as a
bulk cargo on board a vessel. These categories and requirements would
clearly reflect the intended status and handling requirements for the
materials in question.
4. One comment noted that the amendments to Chapter VI of SOLAS 74/
83 will not render the BC Code mandatory, and, that since the code will
remain a recommended standard, it should not be referenced in the Coast
Guard regulations. The fact that IMO has not made the BC Code mandatory
through SOLAS does not prohibit any sovereign nation from adopting the
Code or any of its provisions through that nation's domestic statutes
and regulations. The Coast Guard proposes, however, to incorporate by
reference in 46 CFR part 148 only those portions of the BC Code dealing
with hazardous materials. Thus, selected pertinent provisions of the BC
Code would be adopted in the Coast Guard regulations. Where necessary,
those provisions of the BC Code included in the proposed rules would be
modified to fit the nature of the U.S. shipping industry.
5. One comment suggested that the format of the regulations not be
substantially altered because those affected by the regulations are
familiar with the current format. The comment suggested that if the
motivating concern of the Coast Guard is reduction of the paperwork
burden of the Special Permit process, then the Coast Guard should
change the permitting process to allow for one permit per commodity,
with interested shippers becoming a party to that permit, and extend
the expiration date of the permit by ten years. The comment suggested
adopting these changes without adding any of the materials currently
carried under Special Permit to the list of materials permitted under
the regulations.
The Coast Guard does not agree with this comment. It is the Coast
Guard's position that while this rule, if adopted, would alter the
current format of the regulations, it would also clarify the
responsibilities of shippers and provide them with important safety
information. Elimination of the time-consuming paperwork burden
inherent in the Special Permit process for those materials which have
an established record of safe transportation is only one of the
motivating factors for undertaking this regulatory revision. Under this
proposal, new or one-time carriers of a material would be informed of
the risks and precautions involved in carrying that material. When the
materials currently carried under Special Permit are not included in
the proposed regulations, there is a possibility that a shipper or
carrier might not be aware that a material is potentially dangerous
when carried in bulk and therefore might not observe the appropriate
precautions.
In addition, the inclusion of materials currently carried under
Special Permit in 46 CFR part 148 would allow all shippers more
flexibility since they would not have to allow for lead time to obtain
a Special Permit, and would have a wider choice in the number of
cargoes that they would be able to carry.
6. One comment suggested that the Coast Guard differentiate between
the hazards associated with the various materials. This has been done
by placing the materials into one of the hazard classes defined by the
HMR or by classifying them as PDM and including provisions with special
requirements for materials with the potential to cause significant harm
if mishandled.
7. One comment stated that there is no need to change U.S.
regulations until the amendments to Chapter VI of SOLAS 74/83 are
approved by IMO and the BC Code becomes mandatory. The Coast Guard does
not agree with this comment. The amendment to Chapter VI of SOLAS 74/83
will not make the entire BC Code mandatory, only certain basic
provisions concerning the passage of cargo information from the shipper
to the master and the use of vapor detection equipment will become
mandatory. Moreover, since the comment was received, the revisions to
Chapter VI of SOLAS 74/83 were adopted at the 59th session of MSC.
Therefore, the Coast Guard has determined that there is no need to
further delay the proposal to revise 46 CFR part 148.
8. Three comments supported the addition of Direct Reduced Iron
(DRI), in both hot-molded and cold-molded briquets, to the regulations,
since they are currently being shipped under Special Permits which
mirror the provisions of the BC Code. The requirements for carrying DRI
are included in proposed Secs. 148.245 and 148.250.
9. Two comments suggested that the provision of Special Permit 1-92
excepting shipments of DRI lumps, pellets, and cold-molded briquets on
short and sheltered voyages from the requirement that such cargoes must
be inerted or inhibited should be extended to voyages made entirely on
the inland waters of the U.S. This comment is adopted and is included
in proposed Sec. 148.245(h)(2).
10. One comment recommended that precautions for entering inerted
holds be added to the requirements for carrying DRI lumps, pellets and
cold-molded briquets. The comment noted that when carbon dioxide is the
inerting medium, a safety risk could possibly be created by carbon
monoxide produced by reaction between the carbon dioxide and the DRI.
The recommendation is adopted and appropriate requirements for
analyzing the atmosphere of the cargo hold for carbon monoxide and
oxygen prior to entry are included in proposed Sec. 148.245(g). Also,
that section is referenced in proposed Table 148.10.
11. Four comments recommended that the Coast Guard refrain from
publishing any proposed requirements for the carriage of coal prior to
receiving the final report of the Chemical Transportation Advisory
Committee (CTAC) Subcommittee on Coal Transportation.
CTAC formed the Coal Subcommittee in order to obtain the
recommendations of the U.S. coal industry, and the Coast Guard did not
intend to publish any requirements for the carriage of coal prior to
receiving the Subcommittee's report. Since this comment was received,
the final report of the Coal Subcommittee was submitted to and approved
by CTAC. Subsequently, the Coast Guard prepared and submitted a
proposal based on the Coal Subcommittee's final report to the 31st
session of the IMO Subcommittee on Containers and Cargoes (The ``BC
Subcommittee''). The U.S. proposal, with some slight modifications, was
adopted by the BC Subcommittee; and in 1991, the provisions of the BC
Code dealing with the transport of coal were amended accordingly.
Proposed Sec. 148.240 is based on the BC Code as amended.
Proposed Sec. 148.240 differs from the report of the CTAC Coal
Subcommittee in the following respects:
a. The report offers no guidance on the frequency of monitoring for
methane and carbon monoxide, while paragraphs (i) and (l) of proposed
Sec. 148.240 set out minimum testing frequency for that coal which is
most likely to create dangerous conditions. Under proposed
Sec. 148.240(n), it would be within the discretion of the master to
reduce the frequency of monitoring in certain situations.
b. The report does not specify that the temperature of a self-
heating coal must be monitored. Paragraph (j) of proposed Sec. 148.240
would require such monitoring.
c. The report directs the master to seek expert advice and to
consider heading for the nearest suitable port of refuge if it is
determined that the coal is heating. Proposed Sec. 148.240(k) would
require the master to contact the nearest Coast Guard Captain of the
Port when a coal cargo is heating.
Other comments about coal concern the effects of designating coal
as a hazardous material and question the necessity of regulating barge
shipments of coal. These issues are addressed in the discussion on the
designation of certain materials as potentially dangerous, and in the
discussion of the treatment of barge shipments.
12. Two comments recommended that, based on experience gained while
shipping uncalcined petroleum coke under the terms of a Coast Guard
Special Permit, uncalcined petroleum coke be treated in the same manner
as calcined petroleum coke in the proposed regulations. This
recommendation is adopted and is included in Sec. 148.295. In addition,
the Coast Guard submitted a paper to the 30th session of the IMO
Subcommittee on Containers and Cargoes recommending that a similar
change be made to the BC Code. This proposal met with approval and the
BC Code was amended accordingly.
13. One comment requested that a public hearing be held in the
event that woodchips and wood pulp pellets were not removed from this
rulemaking. The Coast Guard declined to schedule a public hearing at
this stage of the rulemaking. The only requirement for shipments of
woodchips and wood pulp pellets included in this proposed rule is that
closed holds be tested prior to entry to ensure that they contain
sufficient oxygen to support life. Because most U.S. shipments of
woodchips and wood pulp pellets are currently made in open barges, this
requirement would not apply to most U.S. shipments. The requirement is
retained in this proposal in order to comply with the revisions to
Chapter VI of SOLAS 74/83. Because the requirement would not apply to
most U.S. shipments of woodchips and wood pulp pellets, the Coast Guard
has determined that a public hearing is not necessary at this time.
Discussion of Proposed Amendments
Subpart 97.12
Subpart 97.12 of 46 CFR part 97 would be revised to clarify that
the subpart would apply to bulk solid cargoes in general and not only
to ores and ore concentrates. Due to experience gained from a casualty
to a foreign vessel that loaded a bulk solid cargo in a U.S. port, the
Coast Guard also proposes to extend the applicability of this part to
foreign vessels operating in U.S. navigable waters. Further, existing
Sec. 97.12-5, which has not been revised since 1965, references a
manual that was the predecessor of the BC Code and that is no longer in
print. The revised section would include reference to the BC Code as a
source of information for use in complying with the requirement that
the master of a vessel be furnished with guidance on safe loading and
stowage.
Part 148
As discussed, the title of part 148 would be changed to read ``Bulk
Solid Materials Requiring Special Handling''.
This NPRM also proposes to modify the structure of the regulations
from four to six subparts. Each is explained below briefly.
Subpart A would state the purpose and applicability of the
regulations, define terms used in the part, and list (in tabular form)
the solid materials permitted to be carried as bulk cargoes.
Subpart B would provide all relevant information concerning Special
Permits.
Subpart C would set forth minimum transportation requirements for
all materials regulated by 46 CFR part 148 and the requirements for
shipping papers and Dangerous Cargo Manifests.
Subpart D would set forth general stowage and segregation
requirements for materials according to their hazard class, and, in
addition, would contain stowage and segregation requirements for
specific materials.
Subpart E would contain special handling, loading, and carriage
requirements for specific materials. The requirements for specific
materials in subpart D and this subpart would be in addition to the
minimum requirements for all materials and the general requirements for
their respective hazard classes contained in subpart C.
Subpart F would contain requirements for special equipment or
procedures when dealing with certain cargoes. The requirements of this
part would apply when dealing with a cargo only if a provision from
this part is included in Table 148.10 in reference to a particular
material included in that cargo.
The current sections of part 148 would be revised and renumbered as
follows:
------------------------------------------------------------------------
Current section Replaced by proposed section
------------------------------------------------------------------------
148.01-1................................. 148.1, 148.3
148.01-7................................. 148.10
148.01-9................................. 148.15, 148.20
148.01-11................................ 148.25
148.01-13................................ 148.12
148.01-15................................ 148.9
148.02-1................................. 148.60
148.02-3................................. 148.70
148.02-5................................. 148.115
148.03-1................................. 148.50
148.03-5................................. 148.60
148.03-7................................. 148.100
148.03-11................................ Subpart D
148.03-13................................ 148.110
148.04-1................................. 148.300
148.04-9................................. 148.265
148.04-13................................ 148.260
148.04-15................................ 148.295
148.04-17................................ 148.295
148.04-19................................ 148.320
148.04-20................................ 148.315
148.04-21................................ 148.130(a)(4) and (c)
148.04-23................................ 148.230.
------------------------------------------------------------------------
The following proposed sections differ substantively from the
current regulations:
Section 148.1. The proposed regulations would apply to foreign-
flag, as well as U.S.-flag, vessels when operating in U.S. waters. The
regulations would apply to all classes of vessels that transport solid
bulk cargoes which require special handling, including unmanned barges
and barge-carrying vessels.
Section 148.3. This section would include several new definitions,
including ``potentially dangerous material.'' Also, the definition of
``bulk'' has been revised for clarity and consistency with the BC Code.
Section 148.8. The appendices B, D.1, D.4 and D.5 of the 1991
Edition of the BC Code would be incorporated by reference. Several
provisions of the proposed rules require the performance of tests
specified in the BC Code appendices. Shippers and carriers in
international commerce will be able to comply with the BC Code where
such compliance is required by the administration of the country of
origin or destination.
Section 148.10. The format for table 148.10 would be modified. The
table would include the UN number and hazard class of the materials and
references to sections of special requirements to be followed whenever
that material is carried. These revisions would make it easier to
determine the exact requirements for the carriage of each approved
cargo.
Sections 148.15 through 148.30. These sections would clarify when a
Special Permit is required, who would have to apply for a Special
Permit, what information would be required to be submitted to obtain a
Special Permit, and who would be covered by the Special Permit once it
is issued. These proposed sections are more detailed than the current
regulations in order to more clearly state each person's responsibility
and to clear up recurring misunderstandings concerning the
applicability of the Special Permit. The submittal of detailed
information about the material carried would also greatly decrease the
amount of time currently spent by the Coast Guard in doing the
necessary research to process each petition for a Special Permit.
Section 148.15. This proposed section places the responsibility on
the shipper to determine if the material to be shipped fits into any of
the hazard classes defined in the HMR or whether it meets the
definition of a PDM.
Section 148.20. This section would list the information that must
be included in a petition for a Special Permit. Submission of a
Material Safety Data Sheet (MSDS) would, in part, fulfill this
requirement. When applying for renewal or extension of an existing
Special Permit, a shipper would be permitted to submit less detailed
information because the Coast Guard would already be in possession of
much of the information.
Section 148.30. This section would instruct the shipper on how to
obtain a listing of materials for which a Special Permit currently
exists.
Section 148.55. This proposed section states that the regulations
apply to all transportation of solid bulk cargoes within the United
States including shipments which originate in foreign countries. This
section provides that it would be the responsibility of the person
importing a bulk solid cargo to ensure that the foreign shipper is
aware of U.S. regulatory requirements.
Section 148.120. This section would contain two tables presenting
the requirements for segregation between incompatible bulk solid
cargoes and segregation between bulk solid cargoes and incompatible
packaged cargoes. These tables are identical to those which appear in
the BC Code.
Section 148.155. The properties of potentially dangerous materials
vary greatly. This section would present the special stowage and
segregation requirements for these materials in tabular form for
clarity.
Section 148.260. This proposed section specifies that a vessel may
not leave port unless the Captain of the Port is satisfied that the
temperature of the metal turnings is in accordance with the limits set
by the applicable provisions of this section. The current provision
merely specifies that the Captain of the Port must be notified if the
temperature limits are exceeded.
Section 148.270. This section would establish a new category of
materials in part 148. Hazardous substances have previously been
carried only under Special Permits issued on a case by case basis.
Hazardous substances are classified by the EPA based on the potential
of an accidental release of the material to endanger public health or
welfare or the environment. The EPA assigns to each hazardous substance
a ``Reportable Quantity'' (RQ), which is that quantity, the release of
which, requires notification pursuant to 40 CFR part 302.
The HMR, in 49 CFR 171.8, defines hazardous materials as including
hazardous substances. Hazardous substances are defined as materials,
including mixtures and solutions, that are listed in the appendix to
Sec. 172.101 and that are present in a quantity, in one package, that
exceeds the RQ of that substance. The definition further sets out the
concentration of a hazardous substance, for mixtures and solutions,
that must be present before the mixture or solution is considered a
hazardous substance. For bulk shipments, the entire shipment would be
taken into consideration since there is no package. RQs assigned by EPA
do not exceed 5,000 pounds, so any bulk shipment of hazardous substance
would be a shipment of a hazardous material. This section would not
relieve the shipper or the master from any of the reporting
requirements set forth in 40 CFR part 302, but would set out minimum
requirements for the safe carriage of solid hazardous substances in
bulk.
Sections 148.300 and 148.305. These sections would be revised to
reflect recent amendments to the HMR and the BC Code which have
redefined low specific activity (LSA) radioactive materials and added a
new entry for Radioactive Material, Surface Contaminated Objects.
Section 148.330. In spite of the stated intention of this
rulemaking to harmonize U.S. regulations with the BC Code, this
section, which applies to zinc ashes, zinc dross, zinc residues, and
zinc skimmings, differs significantly from the BC Code. The provisions
of this section are based on two Coast Guard Special Permits, SP 8-83
and SP 4-84. The terms of these permits were developed as the result of
a number of incidents involving fires or explosions in cargoes of zinc
skimmings, including at least one with loss of life. The intention of
this section is to reduce the possibility of hydrogen gas generation
caused by the reaction of seawater and zinc. Under the proposed
section, the cargo hold of vessels selected to carry zinc ashes, zinc
dross, zinc residues or zinc skimmings must be equipped with mechanical
ventilation using motors approved for use in hydrogen gas atmospheres,
permanently installed combustible gas detectors, and temperature-
sensing thermocouples.
Section 148.450. On April 11, 1991, off the coast of California, a
foreign-flag vessel that had loaded a bulk solid cargo in a U.S. port
developed a severe list due to shifting of the cargo. Fortunately, this
vessel was able to return to port and off-load its cargo. The Coast
Guard investigation of this marine casualty determined that the cargo
shifted because its moisture content exceeded the safe transportable
limit, and that this caused the cargo to behave as a liquid. Due to
this marine casualty and others of a similar nature, the Coast Guard
proposes to add a new section that prescribes requirements for bulk
solid cargoes that are subject to liquefaction. The proposed
regulations are adapted from the BC Code and would only apply to
calcined pyrites, coal, and metal sulfide concentrates as indicated in
table 148.10. The proposed rules would recommend, but not require, use
of the test procedures in appendix D of the BC Code to determine the
moisture content and transportable moisture limit of bulk solid
cargoes.
Incorporation by Reference
The following material would be incorporated by reference in
Secs. 148.55, 148.205, 148.220, and 148.450:
The Code of Safe Practice for Bulk Solid Cargoes, Appendices B,
D.1, D.4 and D.5.
Copies of the material are available for inspection where indicated
under ADDRESSES. Copies of the material are available at the addresses
given in Sec. 148.8.
Before publishing a final rule, the Coast Guard will submit this
material to the Director of the Federal Register for approval of the
incorporation by reference.
Regulatory Assessment
This proposal is not a significant regulatory action under
Executive Order 12866 and not significant under the ``Department of
Transportation Regulatory Policies and Procedures'' (44 FR 11040;
February 26, 1979). A draft Regulatory Assessment is available in the
docket for inspection and copying where indicated under ``ADDRESSES''.
These proposed regulations would have a multifaceted economic
impact on the bulk solids transportation industry. The Coast Guard
estimates that if these regulations are adopted there would be an
economic impact on the entire bulk solid shipping industry of $391,653
per year, after an initial investment of $168,000. Costs associated
with preparation of the vessels and operation and maintenance of the
equipment are estimated to be $373,440 annually. The cost of doing the
paperwork necessary under the proposed revisions to this part is
estimated to be $18,213 annually, which is less than half of the
$43,745 estimated for the current regulations due to the elimination of
the need to apply for Special Permits for most cargoes.
Amendments to add those materials currently carried under Special
Permit to those listed in 46 CFR part 148 that may be carried with
special handling, will, if adopted, reduce the paperwork burden on the
regulated industry and the Coast Guard, and provide greater flexibility
for shippers of bulk solid materials.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 501 et seq.), the
Coast Guard must consider whether this proposal, if adopted, will have
a significant economic impact on a substantial number of small
entities. ``Small entities'' include independently owned and operated
small businesses that are not dominant in their field and that
otherwise qualify as ``small business concerns'' under section 3 of the
Small Business Act (15 U.S.C. 632).
It is estimated that the bulk solid materials affected by this
proposal would be shipped on 18 vessels, by at least one hundred
different shippers. Therefore, the cost of these regulations would be
divided among numerous interests and would not significantly impact any
particular interest.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposal, if adopted, will not have a significant economic impact
on a substantial number of small entities. If, however, you think that
your business qualifies as a small entity and that this proposal will
have a significant economic impact on your business, please submit a
comment (see ADDRESSES) explaining why you think your business
qualifies and in what way and to what degree this proposal will
economically affect your business.
Collection of Information
Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the
Office of Management and Budget (OMB) reviews each proposed rule that
contains a collection of information requirement to determine whether
the practical value of the information is worth the burden imposed by
its collection. Collection of information requirements include
reporting, recordkeeping, notification, and other, similar
requirements.
This proposal contains collection of information requirements in
the following sections: 46 CFR part 148, subpart B and 148.60 and
148.70. The following particulars apply:
DOT No: 2115.
OMB Control No: 2115-0100.
Administration: U.S. Coast Guard.
Title: Carriage of Bulk Solid Materials Requiring Special Handling.
Need for Information: Special Permits allow the Coast Guard to
ensure safety while allowing the shipping industry the flexibility to
ship new materials. Shipping papers are necessary to identify the cargo
being shipped and the hazard associated with the cargo. The Dangerous
Cargo Manifest provides information on the location and quantity of
hazardous materials on board a vessel. Shipper's certificates ensure
that certain cargoes are acceptable for shipment by vessel.
Proposed Use of Information: This information is used by the Coast
Guard to ensure safety on board vessels and in administering and
enforcing the laws, regulations, and international treaties for the
safe transportation and stowage of hazardous materials.
Responses: 1521 per year.
Respondents: 100.
Frequency of Response: 15.2 per respondent per year.
Burden Estimate: 575 hours per year.
Average Burden Hours per Respondent: 5.75 hours per year.
The Coast Guard has submitted the requirements to OMB for review
under section 3504(h) of the Paperwork Reduction Act. Persons
submitting comments on the requirements should submit their comments
both to OMB and to the Coast Guard where indicated under ADDRESSES.
Federalism
The Coast Guard has analyzed this proposal under the principles and
criteria contained in Executive Order 12612, and has determined that
this proposal does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
This rulemaking proposes regulations under which certain solid
materials requiring special handling may be transported in bulk by
water. The regulations would apply to each domestic and foreign vessel,
which is not exempted under 49 U.S.C. 1806(b), that transports solid
materials requiring special handling when transported in bulk, when in
the navigable waters of the United States. The authority to establish
such regulations for vessels operating in the navigable waters of the
United States has been committed to the Coast Guard by Federal
statutes. Furthermore, since vessels tend to move from port to port in
the national and international marketplace, the safety standards
proposed in this rule should be of national scope to avoid burdensome
variances. Therefore, the Coast Guard intends this rule, if adopted, to
preempt state action addressing the same subject matter.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that preparation of an Environmental Impact
Statement is not necessary. An Environmental Assessment and a draft
Finding of No Significant Impact are available in the docket for
inspection and copying where indicated under ADDRESSES. The only
environmental impact of this rulemaking would be to decrease the
likelihood of a spill or release of hazardous material into the
environment. This decrease in the probability of a spill can be
attributed to an increased awareness of the potential danger of
hazardous bulk solid materials, and the decreased risk of a fire or
explosion on a vessel carrying these materials. Since bulk carriers
currently have a very low rate of spills and releases, this impact
would be minimal.
List of Subjects
46 CFR Part 97
Cargo vessels, Marine safety, Navigation (water), Reporting and
recordkeeping requirements.
46 CFR Part 148
Cargo vessels, hazardous materials transportation, Marine safety.
For the reasons set out in the preamble the Coast Guard proposes to
amend 46 CFR parts 97 and 148 as follows:
PART 97--OPERATIONS
1. The authority citation for part 97 is revised to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 5111, 6101; 49
U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp.,
p. 793; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR
1.46.
2. Subpart 97.12 is revised to read as follows:
Subpart 97.12--Bulk Solid Cargoes
Sec. 97.12-1 Applicability.
(a) Notwithstanding Sec. 90.05-1(a)(1) of this chapter, this
subpart applies to each vessel, other than an unmanned barge, to which
this subchapter applies, and to each foreign vessel operating on the
navigable waters of the United States, when carrying a bulk solid
cargo.
(b) A bulk solid cargo, is a cargo other than grain that consists
of a combination of particles, granules, or larger pieces of material,
generally uniform in composition, and that is loaded directly into a
cargo space of a vessel without any intermediate form of containment.
(c) Additional requirements applying to bulk solid materials
requiring special handling are contained in part 148 of this chapter.
Sec. 97.12-5 Guidance to be furnished to the master.
(a) The owner or operator of each vessel to which this subpart
applies shall furnish the master of that vessel with guidance
concerning the safe loading and stowage of each bulk solid cargo
carried by that vessel.
(b) The ``Code of Safe Practice for Solid Bulk Cargoes'', printed
and distributed by the International Maritime Organization contains
general information on the loading and stowage of bulk solid cargoes
which may be used to comply with the requirement of paragraph (a) of
this section. NOTE: This code is available from the source listed in
Sec. 148.8(b) of this chapter.
3. In Sec. 97.55-1, the first sentence of paragraph (a) is revised
to read as follows:
Sec. 97.55-1 Master's responsibility.
(a) Before loading bulk grain or any bulk solid cargo to which
Sec. 148.435 of this chapter applies, the master shall have the
lighting circuits to cargo compartments in which the grain or bulk
solid cargo is to be loaded deenergized at the distribution panel or
panel board. * * *
* * * * *
4. Part 148 is revised to read as follows:
PART 148--CARRIAGE OF BULK SOLID MATERIALS WHICH REQUIRE SPECIAL
HANDLING
Subpart A--General
Sec.
148.1 Applicability.
148.3 Definitions.
148.5 Alternative procedures.
148.7 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
148.8 Incorporation by reference.
148.9 Right of appeal.
148.10 Permitted materials.
148.12 Assignment and certification.
Subpart B--Special Permits
148.15 Petition for Special Permit.
148.20 Information required when petitioning for a Special Permit.
148.25 Special Permits; standard conditions.
148.30 List of Special Permits issued.
Subpart C--Minimum Transportation Requirements
148.50 General.
148.55 International shipments.
148.60 Shipping papers.
148.70 Dangerous cargo manifest.
148.80 Supervision of cargo transfer.
148.90 Prior to loading.
148.100 Log book entries.
148.110 After unloading.
148.115 Report of incidents.
Subpart D--Stowage and Segregation
148.120 Stowage and segregation requirements.
148.125 Stowage and segregation for materials of class 4.1.
148.130 Stowage and segregation for materials of class 4.2.
148.135 Stowage and segregation for materials of class 4.3.
148.140 Stowage and segregation for materials of class 5.1.
148.145 Stowage and segregation for materials of class 7.
148.150 Stowage and segregation for materials of class 9.
148.155 Stowage and segregation for potentially dangerous
materials.
Subpart E--Special Requirements for Certain Materials
148.200 Purpose.
148.205 Ammonium nitrate fertilizers.
148.220 Ammonium nitrate-phosphate fertilizers.
148.225 Calcined pyrites (pyritic ash, fly ash).
148.227 Calcium nitrate fertilizers
148.230 Lime, unslaked (Calcium oxide).
148.235 Castor beans.
148.240 Coal.
148.245 Direct reduced iron (DRI); lumps, pellets and cold-molded
briquets.
148.250 Direct reduced iron (DRI); hot-molded briquets.
148.255 Ferrosilicon, aluminum ferrosilicon, and aluminum silicon;
containing more than 30% but less than 90% silicon.
148.260 Ferrous metal.
148.265 Fish meal or fish scrap.
148.270 Hazardous substances.
148.275 Iron oxide, spent; iron sponge, spent.
148.280 Magnesia, unslaked (lightburned magnesia, calcined
magnesite, caustic calcined magnesite).
148.285 Metal sulfide concentrates.
148.295 Petroleum coke, calcined or uncalcined, at 55 deg.C
(131 deg.F) or above.
148.300 Radioactive material; low specific activity.
148.305 Radioactive material; surface contaminated objects.
148.310 Seed cake.
148.315 Sulfur.
148.320 Tankage; garbage tankage; rough ammonia tankage; or tankage
fertilizer.
148.325 Wood chips; wood pulp pellets.
148.330 Zinc ashes; zinc dross; zinc residues; zinc skimmings.
Subpart F--Additional Special Requirements
148.400 Applicability.
148.405 Sources of ignition.
148.407 Smoking.
148.410 Fire hoses.
148.415 Toxic gas analyzers.
148.420 Flammable gas analyzers.
148.425 Oxygen analyzers.
148.430 Self-contained breathing apparatus.
148.435 Electrical circuits in cargo holds.
148.440 Stowage precautions.
148.445 Adjacent spaces.
148.450 Cargoes subject to liquefaction.
Authority: 46 U.S.C 5111; 49 U.S.C. App. 1804; 49 CFR 1.46
Subpart A--General
Sec. 148.1 Applicability.
(a) This part prescribes the regulations under which certain solid
materials requiring special handling may be transported in bulk by
water.
(b) The regulations in this part apply to each domestic and foreign
vessel that is not exempted under 49 U.S.C. 1806(b) and that transports
solid materials requiring special handling when transported in bulk,
when in the navigable waters of the United States.
(c) Each master of a vessel, person in charge of a barge, owner,
operator, charterer, and agent shall ensure compliance with this part
and communicate the requirements to every person performing any
function covered by this part.
Sec. 148.3 Definitions.
The following terms are defined as used in this part:
A-60 class division means such a division as defined in Sec. 32.57-
5 of this chapter.
Adjacent space means an enclosed space on a vessel, such as a cargo
hold or compartment, accommodation or working space, storeroom,
passageway, or tunnel, that shares a common bulkhead or deck with a
cargo hold or compartment containing a material listed in table 148.10
of this part and that has a hatch, door, scuttle, cable fitting, or
other penetration through such a bulkhead or deck.
Away from means effectively segregated so that incompatible
materials cannot interact dangerously in the event of an accident but
may be carried in the same hold or compartment or on deck provided a
minimum horizontal separation of 3 meters (10 feet), projected
vertically, is provided.
BC Code means the Code of Safe Practice for Solid Bulk Cargoes
published by the International Maritime Organization, 4 Albert
Embankment, London SE1 7SR, UK.
Bulk applies to any material, other than a liquid or gas,
consisting of a combination of particles, granules or any larger pieces
of material, generally uniform in composition, which is loaded directly
into the cargo spaces of a vessel without any intermediate form of
containment.
Cold-molded briquets are briquets of DRI that have been molded at a
temperature of under 650 deg.C (1495 deg.F) or that have a density of
under 5.0 g/cm3.
Commandant (G-MTH) is the Marine Technical and Hazardous Materials
Division of the Coast Guard Office of Marine Safety, Security and
Environmental Protection. The address is: the Commandant (G-MTH), U.S.
Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-
0001. The telephone number is (202) 267-1217.
DRI means direct reduced iron.
Ferrous metal means ferrous metal borings, shavings, turnings, or
cuttings.
Hazard class (class) means the category of hazard assigned to a
material under this part and 49 CFR parts 171 through 173.
Hazard classes used in this part are defined in the following
sections of 49 CFR:
Hazard Class Definitions
------------------------------------------------------------------------
Class No.--description Reference
------------------------------------------------------------------------
Class 1, 1.1, 1.4, 1.5--Explosives.......................... Sec. 173.5
0
Class 2--Compressed gas..................................... Sec. 173.1
15
Class 3--Flammable liquid................................... Sec. 173.1
20
Class 4, 4.1, 4.2, 4.3--Flammable solid, spontaneously
combustible material, dangerous when wet material.......... Sec. 173.1
20
Class 5, 5.1--Oxidizer and organic peroxide................. Sec. 173.1
27
Class 6.1--Poisonous material............................... Sec. 173.1
32
Class 7--Radioactive material............................... Sec. 173.2
Sec. 173.4
03
Class 8--Corrosive material................................. Sec. 173.1
36
Class 9-- Miscellaneous hazardous material.................. Sec. 173.1
40
------------------------------------------------------------------------
Hazardous substance is a substance as defined in 49 CFR 171.8.
Hold means a space below deck that is used exclusively for the
stowage of cargo and that is enclosed by the vessel's decks and sides
or permanent steel bulkheads.
Hot-molded briquets are briquets of DRI that have been molded at a
temperature of 650 deg.C (1495 deg.F) or higher, or that have a
density of 5.0 g/cm\3\ (312 lb/ft\3\) or greater.
LFL means lower flammable limit.
Master includes an authorized representative of the master.
Material Safety Data Sheet is as defined in 29 CFR 1910.1200.
Potentially Dangerous Material (``PDM'') means a material which,
although not specifically falling into a particular hazard class, when
carried as a bulk cargo on board a vessel presents sufficient
likelihood of developing dangerous conditions which require specific
precautions. Materials in this class include those which may cause
oxygen depletion in the cargo hold, and those liable to self-heating.
Materials which present a potential danger associated solely with their
tendency to shift in the cargo hold are not included in this class of
material.
Readily Combustible Material is as defined in 49 CFR 176.3.
Reportable Quantity (RQ) is as defined in 49 CFR 171.8.9
Seed cake means the residue remaining after the vegetable oil has
been extracted by a solvent process or mechanically expelled from oil-
bearing seeds such as coconuts, cotton seed, peanuts, linseed, etc.
Separated by a complete cargo compartment or hold from means either
a vertical or horizontal separation. If the intervening decks are not
resistant to fire and liquid, only horizontal separation, i.e. by a
complete cargo compartment or hold, is acceptable.
Separated from means in different cargo compartments or holds when
stowed under deck. If the intervening deck is resistant to fire and
liquid, a vertical separation, i.e. in different cargo compartments, is
acceptable as equivalent to this segregation.
Separated longitudinally by an intervening complete cargo
compartment or hold from means that vertical separation alone does not
meet this requirement.
Shipper includes an authorized representative of the shipper.
Stowage factor means the number of cubic meters that 1000 kilograms
(0.984 long ton) of a bulk solid material will occupy.
Surface ventilation means ventilation which is sufficient to remove
accumulated gases from the void space above the cargo, but which does
not direct air into the body of the cargo.
Transported includes the various operations associated with cargo
transportation such as, loading, off-loading, handling, stowing,
carrying, and conveying.
Vessel means a cargo ship or barge.
Sec. 148.5 Alternative procedures.
(a) The Commandant (G-MTH) may authorize the use of an alternative
procedure in place of any requirement of this part if it is
demonstrated to the satisfaction of the Coast Guard that the
requirement is impracticable or unnecessary and that an equivalent
level of safety can be maintained.
(b) Each request for authorization of an alternative procedure must
be in writing, identify the requirement for which the alternative is
requested, and contain a detailed explanation of--
(1) Why the requirement is impracticable or unnecessary; and
(2) What measures will be taken to maintain an equivalent level of
safety.
Sec. 148.7 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
(a) Purpose. This section collects and displays the control numbers
assigned to information collection and recordkeeping requirements in
this part by the Office of Management and Budget (OMB) pursuant to the
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). The Coast
Guard intends that this section comply with the requirements of 44
U.S.C. 3507(f), which requires that agencies display a current control
number assigned by the Director of the OMB for each approved agency
information collection requirement.
(b) Display.
------------------------------------------------------------------------
Current
OMB
46 CFR part or section where identified or described control
No.
------------------------------------------------------------------------
Part 148.................................................... 2115-0100
------------------------------------------------------------------------
Sec. 148.8 Incorporation by reference.
(a) Certain materials are incorporated by reference into this part
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other
than the one listed in paragraph (b) of this section, notice of change
must be published in the Federal Register and the material must be made
available to the public. All approved material is on file for
inspection at the Office of the Federal Register, 800 North Capitol
Street, NW., suite 700, Washington, DC, and at the U.S. Coast Guard,
Marine Technical and Hazardous Materials Division (G-MTH), 2100 Second
Street, SW, Washington, DC 20593-0001, and is available from the
sources indicated in paragraph (b) of this section.
(b) The material approved for incorporation by reference in this
part are the following appendices of the Code of Safe Practice for
Solid Bulk Cargoes, 1991 Edition, published by the International
Maritime Organization, 4 Albert Embankment, London SE1 7SR, UK, and the
sections affected are as follows:
Appendix B
148.55
Appendix D.1
148.450
Appendix D.4
148.220
Appendix D.5
148.205
Sec. 148.9 Right of appeal.
Any person directly affected by a decision or action taken under
this part, by or on behalf of the Coast Guard, may appeal therefrom in
accordance with part 1, subpart 1.03 of this chapter.
Sec. 148.10 Permitted materials.
(a) A material listed in table 148.10 of this section may be
transported as a bulk solid cargo on a vessel if it is carried
according to the regulations in this part. A material that is not
listed in table 148.10 of this section but which meets the definition
of any hazard class in 49 CFR part 171 or 173, or which meets the
definition of potentially dangerous material, may be transported on the
navigable waters of the U.S. only if a Special Permit is issued by the
Commandant (G-MTH) in accordance with Sec. 148.15.
(b) Except as provided in paragraph (c) of this section, a mixture
or blend of a material listed in table 148.10 of this section and a
bulk solid material not listed therein must be transported under the
requirements applying to the listed material.
(c) A mixture or blend containing any bulk solid material that is
subject to the Special Permit provisions of Sec. 148.15 must be
transported under the terms of a Special Permit.
(d) A mixture or blend of materials, two or more of which are
listed in table 148.10 of this section, will be treated as an unlisted
material and a Special Permit, in accordance with Sec. 148.15, is
required for shipment in bulk.
(e) The requirements contained in part 4 of this chapter for
providing notice and reporting of marine casualties and for retaining
voyage records apply to shipments of the materials listed in table
148.10 of this section.
Table 148.10
----------------------------------------------------------------------------------------------------------------
Sections
containing
Material I.D. No. Hazard class Hazard Characteristics special
description requirements in
part 148
----------------------------------------------------------------------------------------------------------------
Aluminum ................ PDM............. ................. Also: aluminum 155, 405(b),
Dross\2\,\3\. residues, 420(b), 445.
aluminum
skimmings.
Aluminum UN1395.......... 4.3............. Dangerous when Powder........... 135, 255, 405(b),
Ferrosilicon\2\,\3 wet, poison. 407, 415(a)&(e),
\. 420(b), 425,
430, 445.
Aluminum Nitrate\4\ UN1438.......... 5.1............. Oxidizer......... ................. 140.
Aluminum UN1398.......... 4.3............. Dangerous when Powder, uncoated. 135, 205, 405(b),
Silicon\2\,\3\. wet. 407, 415(a)&(e),
420(b), 425,
430, 445.
Ammonium Nitrate UN2067.......... 5.1............. Oxidizer......... ................. 140, 205, 405(a),
Fertilizer\5\. 407, 410.
Ammonium Nitrate UN2069.......... 5.1............. Oxidizer......... With ammonium 140, 205, 405(a),
Fertilizer\5\. sulfate. 407, 410.
Ammonium Nitrate UN2068.......... 5.1............. Oxidizer......... With calcium 140, 205, 405(a),
Fertilizer\5\. carbonate. 407, 410.
Ammonium Nitrate UN2070.......... 5.1............. Oxidizer......... Nitrogen/Phosphat 140, 205, 405(a),
Fertilizer\5\. e/Potash. 407, 410.
Ammonium Nitrate UN2071.......... 9............... ................. Nitrogen/Phosphat 150, 220, 405(a),
Fertilizer\6\. e/Potash. 407.
Barium UN1466.......... 5.1............. Oxidizer, poison. ................. 140.
Nitrate\4\,\7\.
Calcined ................ PDM............. ................. Pyritic ash, Fly 155, 225, 450.
Pyrites\8\,\9\,\24 ash.
\.
Calcium Nitrate\4\. UN1454.......... 5.1............. Oxidizer......... ................. 140, 227.
Castor Beans\10\... UN2969.......... 9............... ................. Whole beans...... 150, 235.
Charcoal\1\,\11\,\1 ................ PDM............. ................. Screenings, 155, 425, 430.
2\. briquets.
Coal\11\,\12\,\13\, ................ PDM............. ................. ................. 155, 240, 405(b),
\14\,\24\. 407 415(b),
420(a)&(c), 425,
430, 440(c),
445, 450.
Copra\11\,\12\..... UN1363.......... 4.2............. Spontaneously Dry.............. 130, 425, 430.
Combustible.
Direct Reduced Iron ................ PDM............. ................. Lumps, pellets 155, 245, 405(b),
(DRI)\1\,\2\,\12\. and cold molded 407, 420(b),
briquets. 425, 430, 445.
Direct Reduced Iron ................ PDM............. ................. Hot molded 155, 250, 420(b),
(DRI)\1\,\2\,\12\. briquets. 425, 430.
Environmentally UN3077.......... 9............... Hazardous ................. 150, 270.
Hazardous substances
Substance, Solid, listed in 40 CFR
N.O.S.\15\. part 302.
Ferrophosphorus\2\, ................ PDM............. ................. Including 155, 415(e), 445.
\3\. briquets.
Ferrosilicon\2\,\3\ UN1408.......... 4.3............. Dangerous when With 30-90% 135, 255, 405(b),
wet. silicon. 407, 415(a)&(e),
420(b), 430,
445.
Ferrosilicon\2\,\3\ ................ PDM............. ................. 25%-30% silicon 155, 255, 405(b),
or 90% or more 407, 415(a)&(e),
silicon. 420(b), 430,
445.
Ferrous Metal, UN2793.......... 4.2............. Spontaneously Iron swarf, steel 130, 260, 425,
borings, shavings, Combustible. swarf. 430.
turnings or
cuttings\11\,\12\.
Fish Meal or Fish UN2216.......... 9............... ................. Ground and 150, 265, 425,
Scrap\11\,\12\. pelletized 430.
(mixture), anti-
oxidant treated..
Fluorspar\8\....... ................ PDM............. ................. Calcium fluoride. 155, 440(b).
Iron Oxide or Iron UN1376.......... 4.2............. Spontaneously Spent............ 130, 275, 415(c),
Sponge\3\,\11\,\12 Combustible. (d)&(f), 425,
\,\14\. 430 440(c), 445.
Lead UN1469.......... 5.1............. Oxidizer......... Marine Pollutant. 140, 270, 440(b).
Nitrate\4\,\7\,\22
\.
Lime, unslaked\1\.. UN1910.......... PDM............. ................. Calcium Oxide, 155, 230.
quicklime.
Magnesia, ................ PDM............. ................. Lightburned 155, 280.
unslaked\1\. magnesia,
calcined
magnesite.
Magnesium UN1474.......... 5.1............. Oxidizer......... ................. 140.
Nitrate\4\.
Metal Sulfide ................ PDM............. ................. Solid, finely 155, 285, 425,
Concentrates\11\,\ divided sulfide 430, 440(b),
12\,\22\,\24\. concentrates of 450.
copper, iron,
lead, nickel,
zinc, or other
metalliferous
ores.
Petroleum Coke\11\. ................ PDM............. ................. Calcined or 155, 295.
uncalcined at >
55 deg.C (131
deg.F).
Pitch Prill, ................ PDM............. ................. ................. 155, 440(b).
Prilled Coal Tar,
Pencil Pitch\16\.
Potassium UN1486.......... 5.1............. Oxidizer......... Saltpeter........ 140.
Nitrate\4\.
Radioactive UN2912.......... 7............... Radioactive...... Low Specific 145, 300.
material\17\. Activity.
Radioactive UN2913.......... 7............... Radioactive...... Surface 145, 305.
material\17\. Contaminated
Objects.
Sawdust\12\,\18\... ................ PDM............. ................. ................. 155, 405(a), 407,
425, 430,
440(a).
Seed Cake\12\,\19\. UN1386.......... 4.2............. Spontaneously Mechanically 130, 310, 425,
Combustible. expelled or 430.
solvent
extractions.
Seed Cake\12\,\19\. UN2217.......... 4.2............. Spontaneously Solvent 130, 310, 425,
Combustible. extractions. 430.
Silicomanganese\2\, ................ PDM............. ................. ................. 155, 405(b), 407,
\3\. 415(a)&(d),
420(b), 425,
430, 445.
Sodium Nitrate\4\.. UN1498.......... 5.1............. Oxidizer......... Chili saltpeter, 140.
Chilean natural
nitrate.
Sodium Nitrate UN1499.......... 5.1............. Oxidizer......... Mixtures prepared 140.
mixed with as fertilizer.
Potassium
Nitrate\4\.
Sulfur\14\,\20\.... UN1350.......... 4.1............. Flammable Solid.. Lumps or coarse- 125, 315, 405(a),
grained powder. 407, 435,
440(c).
Tankage\11\........ ................ PDM............. ................. Garbage tankage, 155, 320.
Rough ammonia
tankage, Tankage
fertilizer.
Vanadium Ore\21\... ................ PDM............. ................. ................. 155, 430.
Woodchips, Wood ................ PDM............. ................. ................. 155, 325, 425,
Pulp Pellets\12\. 430.
Zinc Ashes, Dross, UN1435.......... 4.3............. Dangerous when ................. 135, 330, 405(b),
Residues or wet. 407, 420(b),
Skimmings\2\,\3\,\ 425, 430, 435,
23\. 445.
----------------------------------------------------------------------------------------------------------------
\1\Contact with water may cause heating.
\2\Contact with water may cause evolution of flammable gases, which may form explosive mixtures with air.
\3\Contact with water may cause evolution of toxic gases.
\4\If involved in a fire will greatly intensify the burning of combustible materials.
\5\A major fire aboard a vessel carrying this material may involve a risk of explosion in the event of
contamination (e.g. by a fuel oil) or strong confinement. If heated strongly will decompose, giving off toxic
gases which support combustion.
\6\These mixtures may be subject to self-sustaining decomposition if heated. Decomposition, once initiated, may
spread throughout the remainder, producing gases which are toxic.
\7\Toxic if swallowed and by dust inhalation.
\8\Harmful and irritating by dust inhalation.
\9\Highly corrosive to steel.
\10\Powerful allergen. Toxic by ingestion. Skin contact or inhalation of dust may cause severe irritation of
skin, eyes, and mucous membranes in some people.
\11\May be susceptible to spontaneous heating and ignition.
\12\Liable to cause oxygen depletion in the cargo space.
\13\Liable to emit methane gas which can form explosive mixtures with air.
\14\Dust forms explosive mixtures with air.
\15\May present substantial danger to the public health or welfare or the environment when released into the
environment. Skin contact and dust inhalation should be avoided.
\16\Combustible. Burns with dense black smoke. Dust may cause skin and eye irritation.
\17\Radiation hazard from dust inhalation and contact with mucous membranes.
\18\Susceptible to fire from sparks and open flames.
\19\May self-heat slowly and, if wet or containing an excessive proportion of unoxidized oil, ignite
spontaneously.
\20\Fire may produce irritating or poisonous gases.
\21\Dust may contain toxic constituents.
\22\Lead nitrate and lead sulfide are hazardous substances, see footnote 15 and sec. 148.270.
\23\Hazardous substance when consisting of pieces having a diameter less than 10 micrometers (0.004 in.), see
footnote 15 and sec. 148.270.
\24\Cargo subject to liquefaction.
Sec. 148.12 Assignment and certification.
(a) The National Cargo Bureau, Inc. is authorized to assist the
U.S. Coast Guard in administering the provisions contained in this part
by--
(1) Inspecting vessels for suitability for loading solid materials
in bulk;
(2) Examining stowage of solid materials loaded in bulk on board
vessels;
(3) Making recommendations as to the stowage requirements
applicable to the transportation of solid materials in bulk; and
(4) Issuing certificates of loading which verify that the stowage
of the solid material in bulk is in accordance with the applicable
regulations of this part.
(b) Certificates of loading from the National Cargo Bureau, Inc.
are accepted as evidence of compliance with the applicable provisions
regarding the transportation of solid materials in bulk on board
vessels.
Subpart B--Special Permits
Sec. 148.15 Petition for Special Permit.
(a) Each person who wishes to ship a bulk solid material not listed
in table 148.10 of this part shall determine whether the material
proposed to be shipped meets the definition of any hazard class or the
definition of potentially dangerous material.
(b) Each person to whom paragraph (a) of this section applies, must
submit a petition in writing to the Commandant (G-MTH) for
authorization to ship any hazardous material or potentially dangerous
material not listed in table 148.10 of this part.
(c) If a petition for authorization is approved by the Commandant
(G-MTH), the petitioner is issued a Coast Guard Special Permit allowing
the material to be transported in bulk by vessel and setting
requirements for the transport of the material.
Sec. 148.20 Information required when petitioning for a Special
Permit.
(a) Each petition for a Special Permit must contain, as a minimum,
the following information:
(1) A description of the material, including, if a hazardous
material--
(i) The proper shipping name from the tables in 49 CFR 172.101 and
the appendix to that section;
(ii) The hazard class and division of the material; and
(iii) The identification number of the material.
(2) A Material Safety Data Sheet (MSDS) for the material, or--
(i) The chemical name and any trade names or common names of the
material;
(ii) The composition of the material, including the weight percent
of each constituent;
(iii) Physical data, including color, odor, appearance, melting
point and solubility;
(iv) Fire and explosion data, including autoignition temperature,
any unusual fire or explosion hazards and any special fire fighting
procedures;
(v) Health hazards, including any dust inhalation hazards and any
chronic health effects;
(vi) The threshold limit value (TLV) of the material or its major
constituents, if available, and any relevant toxicity data;
(vii) Reactivity data, including any hazardous decomposition
products and any incompatible materials; and
(viii) Special protection information, including ventilation
requirements and personal protection equipment required.
(3) Other potentially dangerous characteristics of the material not
covered by paragraphs (a)(1) and (a)(2) of this section, including--
(i) Self-heating;
(ii) Depletion of oxygen in the cargo space;
(iii) Dust explosion; and
(iv) Liquefaction (See Sec. 148.450).
(4) A detailed description of the proposed transportation
operation, including--
(i) The type of vessel proposed for water movements;
(ii) The expected loading and discharge ports, if known;
(iii) Procedures to be used for loading and unloading the material;
(iv) Precautions to be taken when handling the material; and
(v) The expected temperature of the material at the time it will be
loaded on the vessel.
(5) Test results (if appropriate).
(6) Previous approvals or permits.
(7) Any relevant shipping or accident experience (or any other
relevant transportation history by any mode of transport).
(b) Requests for permit extensions or renewals must be submitted in
writing to the Commandant (G-MTH) before the date of expiration of the
permit. The request for extension or renewal must include the
information prescribed in paragraphs (a)(1), (a)(6) and (a)(7) of this
section.
(c) To permit timely consideration, a petition for a Special Permit
or request for extension or renewal of a Special Permit, should be
submitted at least 45 days before the requested effective date.
Sec. 148.25 Special Permits; standard conditions.
(a) Each person to whom a Special Permit has been issued under the
terms of Sec. 148.15 shall comply with all the requirements of this
part unless specifically exempted by the terms of the Special Permit.
(b) Each Special Permit covers any shipment of the permitted
material originated by the shipper noted on the Special Permit, and,
also covers for each shipment--
(1) Each transfer operation;
(2) Each vessel involved in the shipment; and
(3) Each individual involved in any cargo handling operation.
(c) Each person to whom a Special Permit has been issued shall
provide a copy of the Special Permit to the master of each vessel or
person in charge of each barge carrying the material for which the
Special Permit was issued, along with the information required in
Sec. 148.90.
(d) The master of a vessel transporting a material for which a
Special Permit has been issued shall ensure that a copy of the Special
Permit is on board the vessel. The Special Permit must be kept with the
dangerous cargo manifest if such a manifest is required by Sec. 148.70.
(e) The person in charge of a barge transporting any material for
which a Special Permit has been issued shall ensure that a copy of the
Special Permit is on board the tug or towing vessel. When the barge is
moored, the Special Permit must be kept on the barge with the shipping
paper as prescribed in Sec. 148.60(b).
(f) Each Special Permit is valid for a period, not to exceed two
years, determined by the Commandant (G-MTH) and is subject to
suspension or revocation before its expiration date.
Sec. 148.30 List of Special Permits issued.
A list of all materials for which Special Permits have been issued
and copies of Special Permits are available from the Commandant (G-
MTH).
Subpart C--Minimum Transportation Requirements
Sec. 148.50 General.
(a) The regulations in this subpart apply to each bulk shipment
of--
(1) A material listed in table 148.10 of this part; and
(2) Any solid material shipped under the terms of a Coast Guard
Special Permit.
(b) When subpart D of this part sets a temperature limit for
loading or transporting a material--
(1) The temperature of the material must be measured between 20 and
36 cm. (8 to 14 inches) below the surface at 3 meter (10 foot)
intervals over the length and width of the stockpile or cargo hold;
(2) The temperature must be measured at any spot in the stockpile
or cargo hold that shows any evidence of heating; and
(3) Prior to loading or transporting the material, all temperatures
measured must be below the temperature limit as given in subpart D of
this part.
Sec. 148.55 International shipments.
(a) Each person who imports a bulk solid cargo of a material
requiring special handling into the United States shall provide the
shipper in the country of origin and the agent at the place of entry
with timely and complete information as to the requirements that will
apply to the carriage, unloading, and handling of the material within
the United States.
(b) The foreign shipper shall furnish the information provided
pursuant to paragraph (a) of this section, as well as the shipper's
certification required by Sec. 148.60(a), either on the shipping paper
or dangerous cargo manifest.
(c) Notwithstanding the requirements of this part, a bulk solid
material may be transported in international commerce to or from the
United States if it is classed, described, stowed, and segregated in
accordance with Appendix B of the BC Code.
Sec. 148.60 Shipping papers.
(a) Except as provided in paragraph (d) of this section, the master
of a vessel may not accept for transportation, nor transport by vessel
in bulk, any material listed in table 148.10 of this part unless the
material offered for such shipment is accompanied by a shipping paper
prepared by the shipper on which the following information is provided:
(1) The shipping name and hazard class of the material as listed in
table 148.10 of this part, or on the Special Permit under which the
material is carried.
(2) The quantity of the material to be transported.
(3) The name and address of the U.S. shipper.
(4) A certification which bears the following statement, signed by
the shipper: ``This is to certify that the above named material is
properly named, prepared, and otherwise in proper condition for bulk
shipment by vessel in accordance with the applicable regulations of the
U.S. Coast Guard''.
(b) Whenever a provision of subpart E or F of this part requires
the shipper to provide the master of a vessel or person in charge of a
barge with a written certification or statement, the certification or
statement must be on or attached to the shipping paper.
(c) The shipping paper required in paragraph (a) of this section
must be kept on board the vessel along with the dangerous cargo
manifest required by Sec. 148.70. When the shipment is by unmanned
barge the shipping paper must be kept on the tug or towing vessel. When
an unmanned barge is moored, the shipping paper must remain on board
the barge in a readily retrievable location.
(d) Unless specifically required in subpart D of this part, no
shipping paper is required for shipments of materials designated as
potentially dangerous materials in table 148.10 of this part.
Sec. 148.70 Dangerous cargo manifest.
(a) Except as provided in paragraphs (b) and (c) of this section,
each vessel transporting materials listed in table 148.10 of this part
must have on board a dangerous cargo manifest on which the following
information is entered:
(1) The name and official number of the vessel. (If the vessel has
no official number, the international radio call sign must be
substituted.)
(2) The nationality of the vessel.
(3) The name of the material as listed in table 148.10 of this
part.
(4) The hold(s) or cargo compartment(s) in which the material is
being transported.
(5) The quantity of material loaded in each hold or cargo
compartment.
(6) The date and signature of the master, acknowledging the
correctness of the dangerous cargo manifest.
(b) No dangerous cargo manifest is required for--
(1) Shipments by unmanned barge, except on an international voyage;
and
(2) Shipments of materials designated as potentially dangerous
materials in table 148.10 of this part.
(c) When a dangerous cargo manifest is required for an unmanned
barge on an international voyage, paragraph (a)(4) of this section does
not apply, unless the barge has more than one cargo compartment.
(d) This document must be kept in a designated holder on or near
the vessel's bridge, or when required for an unmanned barge, on board
the tug or towing vessel.
Sec. 148.80 Supervision of cargo transfer.
The master shall ensure that cargo transfer operations are
supervised by a responsible person as defined in 49 CFR 176.2 and
176.57.
Sec. 148.90 Prior to loading.
Prior to loading any material listed in table 148.10 of this part
in bulk on board a vessel, the following conditions must be met:
(a) Each hold must be thoroughly cleaned of all residues of
previous cargoes, loose debris, and dunnage, except that permanent
wooden battens or sheathing may remain in the hold unless prescribed
otherwise in subpart E of this part.
(b) Each hold and associated bilge must be as dry as practicable.
(c) The shipper shall provide the master with appropriate
information on the cargo so that the precautions which may be necessary
for proper stowage and safe carriage of the cargo may be put into
effect. This information must include--
(1) Information on the stowage factor of the cargo and the
recommended trimming procedure; and
(2) For a bulk material classified as a potentially dangerous
material, the shipper shall also provide information on the chemical
properties and related hazards, which may be provided in the form of a
material safety data sheet.
(d) When any material covered by this part is shipped by unmanned
barge, the shipper shall inform the person in charge of the barge of
the safety precautions and emergency procedures associated with the
transportation of the material.
Sec. 148.100 Log book entries.
During the transport in bulk of a material listed in table 148.10
of this part, each temperature measurement and analysis for toxic or
flammable gases required by this part must be recorded in the vessel's
log.
Sec. 148.110 After unloading.
After a material to which this part applies has been unloaded from
a vessel, each hold or cargo compartment must be thoroughly cleaned of
all residue of such material before another cargo is loaded.
Sec. 148.115 Report of incidents.
(a) When a fire or other hazardous condition occurs on a vessel
transporting a material to which this part applies, the master or
person in charge shall notify the nearest Captain of the Port as soon
as possible and comply with any instructions given by the Captain of
the Port.
(b) Any incident or casualty occurring while transporting a
material to which this part applies must be reported in accordance with
49 CFR 171.15 with a copy to the Commandant (G-MTH-1), U.S. Coast
Guard, 2100 Second Street, SW., Washington, DC 20593-0001, at the
earliest practicable moment.
(c) Any release to the environment of a hazardous substance in a
quantity equal to or in excess of its reportable quantity must be
reported immediately to the National Response Center at 1-(800) 424-
8802 (toll free) or (202) 267-2675.
Subpart D--Stowage and Segregation
Sec. 148.120 Stowage and segregation requirements.
(a) Each material listed in table 148.10 of this part must be
segregated from incompatible materials in accordance with--
(1) The requirements of tables 148.120A and 148.120B of this
section that pertain to the hazard class to which the materials belong;
and
(2) Any specific requirements in subpart D of this part.
(b) Materials which are required to be separated during stowage
must not be handled simultaneously. Any residue from a material must be
cleaned up before a material required to be separated from it is
loaded.
Table 148.120A.--Segregation Between Incompatible Bulk Solid Cargoes
----------------------------------------------------------------------------------------------------------------
Solid bulk material Class 4.1 4.2 4.3 5.1 6.1 7 8 9/PDM
----------------------------------------------------------------------------------------------------------------
Flammable Solids...... 4.1 X 2 3 3 X 2 2 X
Spontaneously 4.2 2 X 3 3 X 2 2 X
Combustible
Substances.
Substances that are 4.3 3 3 X 3 X 2 2 X
Dangerous When Wet.
Oxidizers............. 5.1 3 3 3 X 2 2 2 X
Poisons............... 6.1 X X X X X 2 X X
Radioactive Materials. 7 2 2 2 2 2 X 2 2
Corrosives............ 8 2 2 2 2 X 2 X X
Miscellaneous 9/PDM X X X X X 2 X X
hazardous materials
and potential
dangerous materials.
----------------------------------------------------------------------------------------------------------------
Note.--Numbers and symbols relate to the following terms as defined in Sec. 148.3 of this part:
2--``Separated from''
3--``Separated by a complete hold or compartment from''
X-- No segregation required, except as specified in an applicable section of this subpart or subpart E of this
part.
Table 148.120B.--Segregation Between Bulk Solid Cargoes and Incompitable Packaged Cargoes
----------------------------------------------------------------------------------------------------------------
Bulk solid cargoes
Packaged hazardous -----------------------------------------------------------------------------------------
material Class 4.1 4.2 4.3 5.1 6.1 7 8 9/PDM
----------------------------------------------------------------------------------------------------------------
Explosives............ 1.1 4 4 4 4 2 2 4 X
1.2
1.5
Explosives............ 1.3 3 3 4 4 2 2 2 X
Explosives............ 1.4 2 2 2 2 X 2 2 X
Flammable compressed 2.1 2 2 1 2 X 2 1 X
gases.
Other compressed gases 2.2 2 2 X X X 2 X X
2.3
Flammable liquids..... 3 2 2 2 2 X 2 1 X
Flammable solids...... 4.1 X 1 X 1 X 2 1 X
Spontaneously 4.2 1 X 1 2 1 2 1 X
combustible
substances.
Substances that are 4.3 X 1 X 2 X 2 1 X
dangerous when wet.
Oxidizers............. 5.1 1 2 2 X 1 1 2 X
Organic peroxides..... 5.2 2 2 2 2 1 2 2 X
Poisons............... 6.1 X 1 X 1 X X X X
Infectious substances. 6.2 3 3 2 3 1 3 3 X
Radioactive materials. 7 2 2 2 1 X X 2 X
Corrosives............ 8 1 1 1 2 X 2 X X
Miscellaneous 9 X X X X X X X X
hazardous materials.
----------------------------------------------------------------------------------------------------------------
Note.--Numbers and symbols relate to the following terms as defined in Sec. 148.3 of this part:
1--``Away from''
2--``Separated from''
3--``Separated by a complete hold or compartment from''
4--``Separated longitudinally by an intervening complete hold or compartment from''
X--No segregation required, except as specified in an applicable section of this subpart or subpart E of this
part.
Sec. 148.125 Stowage and segregation for materials of class 4.1.
(a) Class 4.1 materials listed in table 148.10 of this part must--
(1) Be kept as cool and dry as reasonably practicable prior to
loading;
(2) Not be loaded or transferred between vessels during periods of
rain or snow;
(3) Be stowed separate from foodstuffs; and
(4) Be stowed clear of sources of heat and ignition and protected
from sparks and open flame.
(b) The bulkheads between a hold containing a class 4.1 material
listed in table 148.10 of this part and a hold containing a material
required to be separated from such materials must have cable and
conduit penetrations sealed against the passage of gas and vapor.
Sec. 148.130 Stowage and segregation for materials of class 4.2.
(a) Class 4.2 materials listed in table 148.10 of this part must--
(1) Be kept as cool and dry as reasonably practicable prior to
loading;
(2) Not be loaded or transferred between vessels during periods of
rain or snow;
(3) Be stowed clear of sources of heat and ignition and protected
from sparks and open flame; and
(4) Except for copra and seed cake, be stowed separate from
foodstuffs.
(b) The bulkhead between a hold containing a class 4.2 material
listed in table 148.10 of this part and a hold containing a material
required to be separated from such materials must have cable and
conduit penetrations sealed against the passage of gas and vapor.
(c) Copra must be provided with good surface ventilation and must
not be stowed against heated surfaces including fuel oil tanks which
may require heating.
(d) Ferrous metal must be stowed in accordance with paragraph (a)
of this section and the following requirements:
(1) It may not be carried if its temperature prior to loading
exceeds 55 deg.C (131 deg.F).
(2) Prior to and after loading, it must be protected from moisture.
(3) If weather is inclement during loading, hatches must be covered
or otherwise protected to keep the material dry.
Sec. 148.135 Stowage and segregation for materials of class 4.3.
(a) Class 4.3 materials listed in table 148.10 of this part which,
in contact with water, emit flammable gases, must--
(1) Be kept as cool and dry as reasonably practicable prior to
loading;
(2) Not be loaded or transferred between vessels during periods of
rain or snow;
(3) Be stowed separate from foodstuffs and all class 8 liquids; and
(4) Be stowed in a mechanically ventilated hold, so arranged that
the exhaust gases do not penetrate into accommodation, work or control
spaces. Unmanned barges that have adequate natural ventilation need not
be provided with mechanical ventilation.
(b) The bulkhead between a hold containing a class 4.3 material
listed in table 148.10 of this part and a hold containing a material
required to be separated from such materials must have cable and
conduit penetrations sealed against the passage of gas and vapor.
(c) Aluminum ferrosilicon, aluminum silicon, and ferrosilicon must
be stowed in a mechanically ventilated space.
(d) Zinc ashes must not be accepted for transport if wet or if
known to have been wetted.
Sec. 148.140 Stowage and segregation for materials of class 5.1.
(a) Class 5.1 materials listed in table 148.10 of this part must--
(1) Be kept as cool and dry as reasonably practicable prior to
loading;
(2) Be stowed away from all sources of heat or ignition; and
(3) Be stowed separate from foodstuffs and all readily combustible
materials.
(b) Special care must be taken to ensure that holds containing
class 5.1 material listed in table 148.10 of this part are clean, and
that whenever reasonably practicable, only noncombustible securing and
protecting materials are used.
(c) Class 5.1 material listed in table 148.10 of this part must be
prevented from entering bilges or other cargo holds.
Sec. 148.145 Stowage and segregation for materials of class 7.
(a) Class 7 material listed in table 148.10 of this part must be
stowed--
(1) Separate from foodstuffs; and
(2) In a hold or barge that is effectively closed or covered to
prevent dispersal of the material during transportation.
(b) Skin contact, inhalation or ingestion of dusts generated by
class 7 material listed in table 148.10 of this part must be minimized.
(c) Each hold used for the transportation of class 7 material
(radioactive) listed in table 148.10 of this part must be surveyed by a
qualified person using appropriate radiation detection instruments
after the completion of off-loading. Such holds must not be used for
the transportation of any other material until the non-fixed
contamination on any surface when averaged over an area of 300 cm\2\
does not exceed the following levels:
(1) 4.0 Bq/cm\2\ (10-5 uCi/cm\2\) for beta and gamma emitters and
low toxicity alpha emitters, natural uranium, natural thorium, uranium-
235, uranium-238, thorium-232, thorium-228 and thorium-230 when
contained in ores or physical or chemical concentrates, and
radionuclides with a half-life of less than 10 days.
(2) 0.4 Bq/cm\2\ (10-4 uCi/cm\2\) for all other alpha emitters.
Sec. 148.150 Stowage and segregation for materials of class 9.
(a) A bulk solid cargo of class 9 material (miscellaneous hazardous
material) listed in table 148.10 of this part must be stowed and
segregated as required by this section.
(b) Ammonium nitrate fertilizer, Type B, must be segregated as
required in Sec. 148.140 for class 5.1 materials and must be stowed--
(1) Separated by a complete hold or compartment from readily
combustible materials, chlorates, hypochlorites, nitrites,
permanganates, and fibrous materials (e.g. cotton, jute, sisal, etc.);
(2) Clear of all sources of heat, including insulated piping; and
(3) Out of direct contact with metal engine-room boundaries.
(c) Castor beans must be stowed separate from foodstuffs and class
5.1 materials.
(d) Fish meal must be segregated as required in Sec. 148.10 for
class 4.2 materials. In addition, its temperature at loading must not
exceed 35 deg.C (95 deg.F) or 5 deg.C (9 deg.F) above ambient,
whichever is higher.
Sec. 148.155 Stowage and segregation for potentially dangerous
materials.
(a) A material that is potentially dangerous (PDM) must be stowed
and segregated in accordance with table 148.155 of this part and with
this section.
(b) When transporting coal--
(1) Coals must be stowed separated from materials of class/division
1.4 and classes 2, 3, 4, and 5 in packaged form; and separated from
bulk solid materials of classes 4 and 5.1;
(2) No material of class 5.1, in either packaged or bulk solid
form, may be stowed above or below a cargo of coal; and
(3) Coals must be separated longitudinally by an intervening
complete cargo compartment or hold from materials of class 1 other than
class/division 1.4.
(c) When transporting Direct Reduced Iron (DRI)--
(1) DRI lumps, pellets or Cold-molded briquettes and DRI hot-molded
briquettes must be separated from materials of class/division 1.4,
classes 2, 3, 4, 5, and class 8 acids in packaged form; and separated
from bulk solid materials of classes 4 and 5.1; and
(2) No material of class 1, other than class/division 1.4, may be
transported on the same vessel with DRI.
(d) Petroleum coke, calcined or uncalcined, must be--
(1) Separated longitudinally by an intervening complete cargo
compartment or hold from materials of class/divisions 1.1 and 1.5; and
(2) Separated by a complete cargo compartment or hold from all
hazardous materials and other potentially dangerous materials in
packaged and bulk solid form.
Table 148.155.--Segregation and Stowage Requirements for Potentially Dangerous Materials
----------------------------------------------------------------------------------------------------------------
Segregate Load only
Potentially as for ``Separate under dry Mechanical ``Separate Special
dangerous class from'' weather Keep dry ventilation from'' material provisions
material listed\1\ foodstuffs conditions required listed
----------------------------------------------------------------------------------------------------------------
Aluminum Dross.. 4.3 X X X X Class 8 Liquids.
Calcined Pyrites ......... X X X X
Charcoal........ 4.1 .......... .......... X ........... Oily materials..
Coal............ ......... .......... .......... .......... ........... See paragraph See paragraph
(b) of this (b) of this
section. section.
Direct reduced ......... .......... .......... .......... ........... See paragraph See paragraph
iron--lumps, (c) of this (c) of this
pellets, or section. section.
cold-molded
briquettes.
Direct reduced ......... .......... .......... .......... ........... See paragraph See paragraph
iron--hot- (c) of this (c) of this
molded section. section.
briquettes.
Ferrophosphorus. 4.3 X X X X Class 8 liquids
Ferrosilicon.... 4.3 X X X X Class 8 liquids.
Fluorospar...... ......... X .......... .......... ........... Class 8 liquids
Lime, unslaked.. ......... .......... .......... X ........... All packaged and
bulk solid
hazardous
materials.
Magnesia, ......... .......... .......... X ........... All packaged and
unslaked. bulk solid
hazardous
materials.
Metal Sulfide 4.2 X .......... .......... ........... Class 8 liquids.
Concentrates.
Petroleum Coke.. ......... X .......... .......... ........... ................ See section
148.155(d).
Pitch Prill..... 4.1
Sawdust......... 4.1 .......... .......... X ........... All class 5.1
and 8 liquids.
Silicomanganese. 4.3 X X X X Class 8 liquids
Tankage......... 4.2 X X
Vanadium........ 6.1 X
Wood chips...... 4.1
Wood pulp 4.1
pellets.
----------------------------------------------------------------------------------------------------------------
\1\See Tables 148.120 A and B.
Subpart E--Special Requirements for Certain Materials
Sec. 148.200 Purpose.
This subpart prescribes special requirements applicable to specific
materials. These requirements are in addition to the Minimum
Transportation Requirements of subpart C of this part which are
applicable to all of the materials listed in table 148.10 of this part.
Sec. 148.205 Ammonium nitrate fertilizers.
(a) This section applies to the stowage and transportation in bulk
of the following fertilizers composed of uniform, nonsegregating
mixtures containing ammonium nitrate:
(1) Ammonium nitrate with added matter which is organic and
chemically inert towards ammonium nitrate; containing not less than 90%
of ammonium nitrate and not more than 0.2% of combustible material
(including organic material calculated as carbon); or containing less
than 90% but more than 70% of ammonium nitrate and not more than 0.4%
combustible material.
(2) Ammonium nitrate with calcium carbonate and/or dolomite,
containing more than 80% but less than 90% of ammonium nitrate and not
more than 0.4% of total combustible material.
(3) Ammonium nitrate with ammonium sulfate containing more than 45%
but not more than 70% of ammonium nitrate and containing not more than
0.4% of combustible material.
(4) Nitrogen phosphate or nitrogen/potash type fertilizers or
complete nitrogen/phosphate/potash type fertilizers containing more
than 70% but less than 90% of ammonium nitrate and not more than 0.4%
of combustible material.
(b) No ammonium nitrate fertilizer to which this section applies
may be transported in bulk unless it demonstrates resistance to
detonation when tested as prescribed in appendix D.5 of the BC Code or
an equivalent test satisfactory to the Administration of the country of
origin.
(c) Prior to loading fertilizer to which this section applies--
(1) The shipper must provide the master of the vessel with a
written certification that the ammonium nitrate fertilizer has met the
test requirements of paragraph (b) of this section;
(2) The cargo hold must be inspected for cleanliness and must be
free from readily combustible materials;
(3) Each cargo hatch must be weathertight as defined in Sec. 42.13-
10 of this chapter;
(4) The temperature of the fertilizer must be less than 55 deg.C
(131 deg.F); and
(5) Each fuel tank situated under a cargo hold where the fertilizer
is to be stowed must be pressure tested to ensure that there is no
leakage of manholes or piping systems leading through the cargo hold.
(d) Bunkering or transferring of fuel may not be performed during
cargo loading and unloading operations involving fertilizer to which
this section applies.
(e) When a fertilizer to which this section applies is transported
on a cargo vessel--
(1) No other material may be stowed in the same hold with the
fertilizer;
(2) In addition to the segregation requirements in Sec. 148.140,
the fertilizer must be separated by a complete cargo compartment or
hold from readily combustible materials, chlorates, chlorides,
chlorites, hypochlorites, nitrites, permanganates, and fibrous
materials; and
(3) The bulkhead between a cargo hold containing the fertilizer and
the engine room must be insulated to ``A-60'' class division or an
equivalent arrangement to the satisfaction of the cognizant Coast Guard
Captain of the Port or the Administration of the country of shipment.
Sec. 148.220 Ammonium nitrate-phosphate fertilizer.
(a) This section applies to the stowage and transportation of
uniform, nonsegregating mixtures of nitrogen/phosphate or nitrogen/
potash type fertilizers, or complete fertilizers of nitrogen/phosphate/
potash type containing not more than 70% of ammonium nitrate and
containing not more than 0.4% total added combustible material or
containing not more than 45% ammonium nitrate with unrestricted
combustible material.
(b) This part does not apply to a fertilizer mixture described in
paragraph (a) of this section if--
(1) When tested in the trough test prescribed in Appendix D.4 of
the BC code, it is found to be free from the risk of self-sustaining
decomposition; and
(2) It does not contain an excess of nitrate calculated as
potassium nitrate above the nitrate calculated as ammonium nitrate
greater than 10% by weight of the mixture.
(c) No fertilizer to which this section applies may be transported
in bulk if, when tested in the trough test prescribed in Appendix D.4
of the BC code, it has a self-sustaining decomposition rate that is
greater than 0.25 m/h, or is liable to self-heating sufficient to
initiate decomposition.
(d) Fertilizers to which this section applies must be stowed away
from all sources of heat; and out of direct contact with a metal engine
compartment boundary.
(e) Bunkering or transferring of fuel may not be performed during
cargo loading and unloading operations involving fertilizer to which
this section applies.
(f) Fertilizer to which this section applies must be segregated as
prescribed in Secs. 148.140 and 148.220(d).
Sec. 148.225 Calcined pyrites (pyritic ash, fly ash).
(a) This part does not apply to the shipment of calcined pyrites
(pyritic ash, fly ash) that are the residual ash of oil or coal fired
power stations.
(b) This section applies to the stowage and transportation of
calcined pyrites (pyritic ash, fly ash) that are the residual product
of sulfuric acid production or elemental metal recovery operations.
(c) Prior to loading calcined pyrites to which this section
applies--
(1) The cargo space must be as clean and dry as reasonably
practicable;
(2) The calcined pyrites must be dry; and
(3) Precautions must be taken to prevent the penetration of
calcined pyrites into other cargo spaces, bilges, wells, and ceiling
boards.
(d) After calcined pyrites to which this section applies have been
unloaded from a cargo space, the cargo space must be thoroughly
cleaned, preferably by hosing it down and drying it completely.
Sec. 148.227 Calcium nitrate fertilizers.
This part does not apply to commercial grades of calcium nitrate
fertilizers consisting mainly of a double salt (calcium nitrate and
ammonium nitrate) and containing not more 15.5% nitrogen and at least
12% of water.
Sec. 148.230 Lime, unslaked (calcium oxide).
(a) When transported by barge, unslaked lime (calcium oxide), must
be carried in an unmanned, all steel, double-hulled barge equipped with
weathertight hatches or covers. The barge must not carry any other
cargo while unslaked lime (calcium oxide) is on board.
(b) The shipping paper requirements in Sec. 148.60 and the
dangerous cargo manifest requirements in Sec. 148.70 do not apply to
the transportation of unslaked lime (calcium oxide) under paragraph (a)
of this section.
Sec. 148.235 Castor beans.
(a) This part applies only to the stowage and transportation of
whole castor beans. Castor meal, castor pomace, and castor flakes may
not be shipped in bulk.
(b) Persons handling castor beans shall wear dust masks and
goggles.
(c) Care must be taken to prevent dust generated during cargo
transfer operations of castor beans from entering accommodation,
control or service spaces.
Sec. 148.240 Coal.
(a) The electrical equipment on each vessel carrying coal must meet
the requirements of part 111, subpart 111.105 of this chapter or an
equivalent standard approved by the administration of the vessel's flag
state.
(b) Prior to loading, each cargo hold in which coal is to be stowed
must be free of any readily combustible material, including the residue
of previous cargoes.
(c) The master of each vessel carrying coal shall ensure that--
(1) The coal is not stowed adjacent to hot areas;
(2) The surface of the coal is trimmed to a reasonable level to the
boundary bulkheads;
(3) Each casing leading into the cargo hold and all other openings
to the cargo hold are sealed prior to loading the coal, and that,
unless the coal is as described in paragraph (f) of this section, the
hatches are sealed after the coal is trimmed;
(4) As far as reasonably practicable, no gases which may be emitted
by the coal accumulate in enclosed working spaces such as storerooms,
shops, or passageways, and that such spaces are adequately ventilated.
(5) The vessel has adequate ventilation as required by paragraph
(f) of this section; and
(6) If paragraph (e) of this section requires the temperature of
the coal to be monitored--
(i) The temperature of the coal to be loaded does not, at the time
of loading exceed 15 deg.C (27 deg.F) above the ambient temperature or
41 deg.C (105 deg.F) whichever is greater; and
(ii) The vessel has on board appropriate instruments for measuring
the temperature of the cargo in the range 0 deg.-100 deg.C (32 deg.-
212 deg.F) without requiring entry into the cargo hold.
(d) A cargo hold containing coal must not be ventilated unless the
conditions of paragraph (f) of this section are met, or unless methane
is detected under paragraph (h) of this section.
(e) If the shipper, terminal operator, or the master of the vessel
has any information pertaining to the coal that indicates that the coal
to be loaded has been handled in such a manner as to increase its
susceptibility to self-heating, has a history of self-heating, or has
been observed to be heating, the temperature of the coal must be
monitored prior to loading. The monitoring must be at intervals
sufficient to determine whether the temperature of the coal is
increasing.
(f) If the shipper, terminal operator, or the master of the vessel
has any information pertaining to the coal that indicates that the coal
to be loaded, is freshly mined, or has a history of emitting dangerous
amounts of methane, then surface ventilation, either natural or from
fixed or portable nonsparking fans, must be provided.
(g) Electrical equipment and cables in a hold containing a coal
described in paragraph (f) of this section must be suitable for use in
an explosive gas atmosphere, or must be deenergized at a point remote
from the hold. Electrical equipment and cables necessary for continuous
safe operations, such as lighting fixtures, may not be deenergized. The
master of the vessel shall ensure that the affected equipment and
cables remain deenergized as long as this coal remains in the hold.
(h) For all coal loaded on a vessel, other than an unmanned barge,
for a voyage with a duration of more than 72 hours, the atmosphere
above the coal must be routinely tested for the presence of methane,
carbon monoxide and oxygen. This testing must be performed in such a
way that the cargo hatches are not opened and entry into the hold is
not necessary.
(i) When carrying a coal described in paragraph (e) of this
section, the atmosphere above the coal must be monitored for the
presence of carbon monoxide as prescribed in paragraph (h) of this
section. The results of this monitoring must be recorded at least twice
in every 24 hour period, unless the conditions of paragraph (n) of this
section are met. If the level of carbon monoxide is increasing rapidly
or reaches 30% of the LFL, the frequency of monitoring must be
increased.
(j) When carrying a coal described in paragraph (e) of this
section, or when observation of the cargo hold indicates that the
temperature of the coal is rising, the temperature should be measured
at regular time intervals sufficient to determine whether the
temperature of the coal is increasing.
(k) If the level of carbon monoxide monitored in accordance with
paragraph (i) of this section continues to increase rapidly or the
temperature of coal carried on board a vessel exceeds 55 deg.C
(131 deg.F) and is increasing rapidly, the master must notify the
nearest Coast Guard Captain of the Port of--
(1) The name, nationality, and position of the vessel;
(2) The most recent temperature and levels of carbon monoxide and
methane;
(3) The port where the coal was loaded and the destination of the
coal;
(4) The last port of call of the vessel and its next port of call;
and
(5) What action has been taken.
(l) When carrying a coal described in paragraph (f) of this
section, the atmosphere above the coal must be monitored for the
presence of methane as prescribed in paragraph (h) of this section. The
results of this monitoring must be recorded at least twice in every 24
hour period, unless the conditions of paragraph (n) of this section are
met.
(m) If the level of methane as monitored in accordance with
paragraph (h) of this section reaches 30% of the LFL or is increasing
rapidly, ventilation of the cargo hold, as required by paragraph (f) of
this section, must be initiated. If this ventilation is provided by
opening the cargo hatches, care must be taken to avoid generating
sparks.
(n) The frequency of monitoring required by paragraph (l) of this
section may be reduced at the discretion of the master provided that--
(1) The level of gas measured is less than 30% of the LFL;
(2) The level of gas measured has remained steady or decreased over
three consecutive readings; or has increased by less than 5% over four
consecutive readings, spanning at least 48 hours; and
(3) Monitoring continues at intervals sufficient to determine that
the level of gas remains within the parameters of paragraphs (n)(1) and
(n)(2) of this section.
Sec. 148.245 Direct reduced iron (DRI); lumps, pellets and cold-molded
briquets.
(a) Before loading DRI lumps, pellets, or cold-molded briquets--
(1) The master must have a written certification from the National
Cargo Bureau or a competent person appointed by the shipper and
recognized by the Commandant (G-MTH) that the DRI, at the time of
loading, is suitable for shipment;
(2) The DRI must be aged for at least 72 hours, or be treated with
an air passivation technique or some other equivalent method that
reduces its reactivity to at least the same level as the aged DRI; and
(3) Each hold and bilge must be as clean and dry as reasonably
practicable. Where possible, adjacent ballast tanks, other than double
bottom tanks, must be kept empty. All wooden fixtures, such as battens,
must be removed from the hold.
(b) Each boundary of a hold where DRI lumps, pellets, or cold-
molded briquets are to be carried must be resistant to fire and passage
of water.
(c) Except as provided in paragraph (f)(2) of this section, DRI
lumps, pellets, or cold-molded briquets that are wet, or that are known
to have been wetted, may not be accepted for transport.
(d) DRI lumps, pellets and cold-molded briquets must be protected
at all times from contact with water, and must not be loaded or
transferred from one vessel to another during periods of rain or snow.
(e) DRI lumps, pellets, or cold-molded briquets may not be loaded
if their temperature is greater than 65 deg.C (150 deg.F).
(f) The shipper shall specify one of the two following methods for
the shipment of DRI lumps, pellets, and cold-molded briquets in bulk:
(1) Maintenance throughout the voyage of an inert atmosphere
containing less than 5% oxygen, and less than 1% hydrogen by volume, in
any hold containing DRI lumps, pellets, or cold-molded briquets.
(2) Manufacture or treatment of the DRI lumps, pellets, or cold-
molded briquets with an oxidation and corrosion inhibiting process
which has been proven, to the satisfaction of the Commandant (G-MTH),
to provide effective protection against dangerous reaction with
seawater or air under shipping conditions.
(g) When carbon dioxide is used to inert a cargo hold containing
DRI lumps, pellets, or cold-molded briquets, no person may enter that
hold until it has been tested and found to be free from carbon monoxide
and to contain sufficient oxygen to support life.
(h) Paragraph (f) of this section does not apply to--
(1) A voyage which meets the definition of ``short international
voyage'' in Sec. 70.10-43 of this chapter; or
(2) A voyage made entirely on the navigable waters of the U.S.
(i) When DRI lumps, pellets, or cold-molded briquets are loaded,
precautions must be taken to avoid the concentration of fines (pieces
less than 4mm. in size) in any one location in the cargo hold.
(j) Radar and RDF scanners must be protected against the dust
generated during cargo transfer operations of DRI lumps, pellets, or
cold-molded briquets.
Sec. 148.250 Direct reduced iron (DRI); hot molded briquets.
(a) Before loading DRI hot-molded briquets--
(1) The master must have a written certification from the National
Cargo Bureau or a competent person appointed by the shipper and
recognized by the Commandant (G-MTH) that the DRI hot molded briquets,
at the time of loading, are suitable for shipment; and
(2) Each hold and bilge must be as clean and dry as reasonably
practicable. Where possible, adjacent ballast tanks, other than double
bottom tanks, must be kept empty. All wooden fixtures, such as battens,
must be removed.
(b) Each boundary of a hold in which DRI hot-molded briquets are to
be carried must be resistant to fire and passage of water.
(c) DRI hot-molded briquets must be protected at all times from
contact with water, and must not be loaded or transferred from one
vessel to another during periods of rain or snow.
(d) DRI hot-molded briquets may not be loaded if their temperature
is greater than 65 deg.C (150 deg.F).
(e) When loading DRI hot-molded briquets, precautions must be taken
to avoid the concentration of fines (pieces less than 4mm. in size) in
any one location in the cargo hold.
(f) Adequate surface ventilation must be provided when carrying or
loading DRI hot-molded briquets.
(g) When DRI hot-molded briquets are carried by unmanned barge:
(1) The barge must be fitted with vents adequate to provide natural
ventilation; and
(2) The cargo hatches must be closed at all times after loading the
DRI hot-molded briquets.
(h) Radar and RDF scanners must be adequately protected against
dust generated during cargo transfer operations of DRI hot-molded
briquets.
(i) During final discharge only, a fine spray of water may be used
to control dust from DRI hot-molded briquets.
Sec. 148.255 Ferrosilicon, aluminum ferrosilicon, and aluminum
silicon, containing more than 30% but less than 90% silicon.
(a) This part applies to the stowage and transportation of
ferrosilicon, aluminum ferrosilicon, and aluminum silicon, containing
more than 30% but less than 90% silicon.
(b) The shipper of material described in paragraph (a) of this
section shall provide the master with a written certification stating
that after manufacture the material was stored under cover, but exposed
to the weather, in the particle size in which it is to be shipped, for
not less than three days prior to shipment.
(c) Material described in paragraph (a) of this section must be
protected at all times from contact with water, and must not be loaded
or unloaded during periods of rain or snow.
(d) Except as provided in paragraph (e) of this section, each hold
containing material described in paragraph (a) of this section must be
ventilated by at least two separate fans. The total ventilation must be
at least five air changes per hour, based on the empty hold.
Ventilation must be such that no escaping gas can reach accommodation
or work spaces, on or under deck.
(e) An unmanned barge which is provided with natural ventilation
need not comply with paragraph (d) of this section.
(f) Each space adjacent to a hold containing material described in
paragraph (a) of this section must be well ventilated with mechanical
fans. No person may enter that space unless it has been tested to
ensure that it is free from phosphine and arsine gases.
(g) Scuttles and windows in accommodation and work spaces adjacent
to holds containing material described in paragraph (a) of this section
must be kept closed while this material is being loaded and unloaded.
(h) Each cargo hold bulkhead containing material described in
paragraph (a) of this section adjacent to accommodation and work spaces
must be gas tight and adequately protected against damage from any
unloading equipment.
(i) When a hold containing material described in paragraph (a) of
this section is equipped with atmosphere sampling type smoke detectors
with lines that terminate in accommodation or work spaces, those lines
must be blanked off gas-tight.
(j) If a hold containing material described in paragraph (a) of
this section must be entered at any time, the hatches must be open for
two hours prior to entry to dissipate any accumulated gases. The
atmosphere in the hold must be tested to ensure that there is no
phosphine or arsine gas present.
(k) After unloading material described in paragraph (a) of this
section, each cargo hold must be thoroughly cleaned and must be tested
to ensure that no phosphine or arsine gas remains.
Sec. 148.260 Ferrous metal.
(a) This part does not apply to the stowage and transportation in
bulk of stainless steel borings, shavings, turnings, or cuttings; nor
does this part apply to an unmanned barge on a voyage entirely on the
navigable waters of the United States.
(b) Ferrous metal may not be stowed or transported in bulk unless
the following conditions are met:
(1) All wooden sweat battens, dunnage and debris must be removed
from the hold before the ferrous metal is loaded.
(2) During loading and transporting, the bilge of each hold in
which ferrous metal is stowed or will be stowed must be kept as dry as
practical.
(3) During loading, the ferrous metal must be compacted in the hold
as frequently as practicable with a bulldozer or other means that
provides equivalent surface compaction.
(4) No other material may be loaded in a hold containing ferrous
metal unless--
(i) The material to be loaded in the same hold with the ferrous
metal is not a material listed in table 148.10 of this part or a
readily combustible material;
(ii) The loading of the ferrous metal is completed first; and
(iii) The temperature of the ferrous metal in the hold is below
55 deg.C (131 deg.F) or has not increased in eight hours prior to the
loading of the other material.
(5) During loading, the temperature of the ferrous metal in the
pile being loaded must be below 55 deg.C (131 deg.F).
(6) Upon completion of loading the vessel may not leave the port
unless--
(i) The temperature of the ferrous metal in each hold is less than
65 deg.C (150 deg.F) and, if the temperature of the ferrous metal in a
hold has been more than 65 deg.C (150 deg.F) during loading, the
temperature of ferrous metal has shown a downward trend for at least
eight hours after completion of loading of the hold; or
(ii) The vessel intends to sail directly to another port that is no
farther than 12 hours sailing time for the vessel concerned, for the
purpose of loading more ferrous metal in bulk or to completely off-load
the ferrous metal, and the temperature of the ferrous metal is less
than 88 deg.C (190 deg.F) and has shown a downward trend for at least
eight hours after the completion of loading.
(c) The master of a vessel that is loading or transporting a
ferrous metal shall ensure that the temperature of the ferrous metal is
taken--
(1) Before loading;
(2) During loading, in each hold and pile being loaded at least
every twenty-four hours and, if the temperature is rising, as often as
is necessary to ensure that the requirements of this section are met;
and
(3) After loading, in each hold, at least every twenty-four hours.
(d) During loading, if the temperature of the ferrous metal in a
hold is 93 deg.C (200 deg.F) or higher, the master or person in charge
of the vessel shall notify the Coast Guard Captain of the Port and
suspend loading until the Captain of the Port is satisfied that the
temperature of the ferrous metal is 88 deg.C (190 deg.F) or less.
(e) After loading ferrous metal--
(1) If the temperature of the ferrous metal is 65 deg.C (150 deg.F)
or above, the master shall notify the Coast Guard Captain of the Port,
and ensure that the vessel remains in the port area until the Captain
of the Port is satisfied that the conditions of paragraph (b)(6)(i) of
this section are met; or
(2) In the case of a short duration voyage to which paragraph
(b)(6)(ii) of this section applies, where the temperature of the
ferrous metal in a hold is 88 deg.C (190 deg.F) or above, the master of
the vessel or person in charge of the barge shall notify the Captain of
the Port, and ensure that the vessel remains in the port area until the
Captain of the Port is satisfied that the conditions of paragraph
(b)(6)(ii) of this section are met.
(f) Except for shipments of ferrous metal in bulk which leave the
port of loading under the conditions specified in paragraph (b)(6)(ii)
of this section, if after the vessel leaves the port, the temperature
of the ferrous metal in the hold rises above 65 deg.C (150 deg.F), the
master shall notify the nearest Coast Guard Captain of the Port as soon
as possible of--
(1) The name, nationality, and position of the vessel;
(2) The most recent temperature taken;
(3) The length of time that the temperature has been above 65 deg.C
(150 deg.F) and the rate of rise, if any;
(4) The port where the ferrous metal was loaded and the destination
of the ferrous metal;
(5) The last port of call of the vessel and its next port of call;
(6) What action has been taken; and
(7) Whether any other cargo is endangered.
Sec. 148.265 Fish meal or fish scrap.
(a) This part does not apply to fish meal or fish scrap that
contains less than 5% moisture by weight.
(b) Fish meal or fish scrap may contain not more than 12% moisture
by weight and not more than 15% fat by weight.
(c) At the time of production, fish meal or fish scrap must be
treated with an effective antioxidant (at least 400 mg/kg (ppm)
ethoxyquin or at least 1000 mg/kg (ppm) butylated hydroxytoluene).
(d) Shipment of the fish meal or fish scrap must take place not
more than 12 months after the treatment prescribed in paragraph (c) of
this section.
(e) Fish meal or fish scrap must contain at least 100 mg/kg (ppm)
antioxidant at the time of shipment.
(f) At the time of loading, the temperature of the fish meal or
fish scrap to be loaded may not exceed 35 deg.C (95 deg.F), or 5 deg.C
(8 deg.F) above the ambient temperature, whichever is higher.
(g) For each shipment of fish meal or fish scrap, the shipper shall
provide the master with a written certification that states--
(1) Total weight of the shipment;
(2) The moisture content of the material;
(3) The fat content of the material;
(4) The concentration of the antioxidant (ethoxyquin or butylated
hydroxytoluene) at the time of shipment;
(5) The date of production of the material; and
(6) The temperature of the material at the time of shipment.
(h) During a voyage, temperature readings must be taken of fish
meal or fish scrap three times a day and recorded. If the temperature
of the material exceeds 55 deg.C (131 deg.F) and continues to increase,
ventilation to the hold must be restricted.
Sec. 148.270 Hazardous substances.
(a) Each bulk shipment of a hazardous substance must--
(1) Be assigned a shipping name in accordance with 49 CFR
172.203(c); and
(2) If the hazardous substance is also listed as a hazardous solid
waste in 40 CFR part 261, be in compliance with the applicable
requirements of 40 CFR chapter I, subchapter I.
(b) Each release of a quantity of a hazardous substance in excess
of its RQ must be reported as required in subpart B of 33 CFR part 153.
(c) A hazardous substance must be stowed in a hold or barge which
is effectively closed or covered to prevent dispersal of the material
during transportation.
(d) During cargo transfer operations, dispersal of a hazardous
substance into the surrounding environment, including the water, must
be minimized to the maximum extent possible. Each spill must be
reported as required in paragraph (b) of this section.
(e) After a hazardous substance is unloaded, the hold in which it
was carried must be cleaned thoroughly and the residue of the substance
must be disposed of in accordance with the applicable regulations of 40
CFR chapter I, subchapter I.
Sec. 148.275 Iron oxide, spent; iron sponge, spent.
(a) Before spent iron oxide or spent iron sponge is loaded in a
closed hold, the shipper must provide the master with a written
certification that the material has been cooled and weathered for not
less than eight weeks.
(b) Both spent iron oxide and spent iron sponge may be transported
on all-steel barges having open holds after exposure to air for a
period of not less than ten days.
Sec. 148.280 Magnesia, unslaked (lightburned magnesia, calcined
magnesite, caustic calcined magnesite).
(a) When transported by barge, magnesia, unslaked, must be carried
in unmanned, all-steel, double-hulled barges equipped with weathertight
hatches or covers. The barge may not carry any other cargo while
unslaked magnesia is on board.
(b) The shipping paper requirements in Sec. 148.60 and the
dangerous cargo manifest requirements in Sec. 148.70 do not apply to
the transportation of magnesia, unslaked, transported in accordance
with the requirements of paragraph (a) of this section.
(c) This part does not apply to the transport of natural magnesite,
magnesium carbonate, or magnesia clinkers.
Sec. 148.285 Metal sulfide concentrates.
(a) Prior to loading a metal sulfide concentrate, the shipper shall
provide the master of the vessel or person in charge of the barge with
detailed information concerning any specific hazards based on the
history of the specific metal sulfide concentrate to be loaded, and
precautions to be followed when transporting that concentrate.
(b) Except when the metal sulfide concentrate is carried by
unmanned barge, where the information provided by the shipper in
accordance with paragraph (a) of this section indicates that the metal
sulfide concentrate may generate toxic or flammable gases, the
appropriate gas detection equipment as specified in Secs. 148.415 and
148.420 must be on board the vessel.
(c) After loading, a metal sulfide concentrate must be trimmed
reasonably level to the boundaries of the cargo hold.
(d) No cargo hold containing a metal sulfide concentrate may be
ventilated.
(e) No person may enter a hold containing a metal sulfide
concentrate unless--
(1) The atmosphere in the cargo hold has been tested and contains
sufficient oxygen to support life; and
(2) Where the shipper indicates that toxic gas(es) may be
generated, the atmosphere in the cargo hold has been tested for the
toxic gas(es) and the concentration of the gas(es) is found to be less
than the TLV; or
(3) An emergency situation exists and the person entering the cargo
hold is wearing the appropriate self-contained breathing apparatus.
Sec. 148.295 Petroleum coke, calcined or uncalcined, at 55 deg.C
(131 deg.F) or above.
(a) This part does not apply to shipments of petroleum coke,
calcined or uncalcined, on any vessel when the temperature of the
material is less than 55 deg.C (131 deg.F).
(b) Petroleum coke, calcined or uncalcined, or a mixture of
calcined and uncalcined petroleum coke may not be loaded when its
temperature exceeds 107 deg.C (225 deg.F).
(c) No other hazardous materials may be stowed in any hold adjacent
to a hold containing petroleum coke except as provided in paragraph (d)
of this section.
(d) In a hold over a tank containing fuel or material having a
flashpoint of less than 93 deg.C (200 deg.F), before petroleum coke at
55 deg.C (131 deg.F) or above may be loaded into that hold, a 0.6 to
1.0 meter (2 to 3 foot) layer of the petroleum coke at a temperature
not greater than 43 deg.C (110 deg.F) must first be loaded.
(e) Petroleum coke must be loaded as follows:
(1) For a shipment in a hold over a fuel tank, the loading of a
cooler layer of petroleum coke in the hold as required by paragraph (d)
of this section must be completed prior to loading the petroleum coke
at 55 deg.C (131 deg.F) or above in any hold of the vessel.
(2) Upon completion of the loading described in paragraph (e)(1) of
this section, a 0.6 to 1.0 meter (2 to 3 foot) layer of the petroleum
coke at 55 deg.C (131 deg.F) or above must first be loaded into each
hold, including those holds, if any, already containing a cooler layer
of the petroleum coke.
(3) Upon completion of the loading described in paragraph (e)(2) of
this section, normal loading of the petroleum coke may proceed to
completion.
(f) The master of the vessel shall warn members of a crew that
petroleum coke loaded and transported under the terms of this section
is hot, and that injury due to burns is possible.
Sec. 148.300 Radioactive material; low specific activity.
Except as authorized under Sec. 148.305, radioactive materials that
may be stowed or transported in bulk are limited to those radioactive
materials defined as low specific activity materials in 49 CFR
173.403(n).
Sec. 148.305 Radioactive material; surface contaminated objects.
Solid objects of nonradioactive material having radioactive
material distributed on their surfaces are authorized for shipment only
if--
(a) The nonfixed contamination on the accessible surface averaged
over 300 cm\2\ (or the area of the surface if less than 300 cm\2\) does
not exceed 0.0001 microcurie/cm\2\ (4.0 Bq/cm\2\) for beta and gamma
emitters and low toxicity alpha emitters, or 10-\5\ microcurie/
cm\2\ (0.4 Bq/cm\2\) for alpha emitters;
(b) The fixed contamination on the accessible surface averaged over
300 cm\2\ (or the area of the surface if less than 300 cm\2\) does not
exceed 1.0 microcurie/cm\2\ (40,000 Bq/cm\2\) for beta and gamma
emitters and low toxicity alpha emitters, or 0.1 microcurie/cm\2\
(4,000 Bq/cm\2\) for alpha emitters; and
(c) The nonfixed contamination plus the fixed contamination on the
inaccessible surface, averaged over 300 cm\2\ (or the area of the
surface if less than 300 cm\2\) does not exceed 1.0 microcurie/cm\2\
(40,000 Bq/cm\2\) for beta and gamma emitters or 0.1 microcurie/cm\2\
(4,000 Bq/cm\2\) for alpha emitters.
Sec. 148.310 Seed cake.
(a) Seed cake, except as provided in paragraphs (h) and (i) of this
section, must be carried in accordance with paragraphs (b) through (g)
of this section.
(b) Prior to loading, the seed cake must be aged in accordance with
the instructions of the shipper.
(c) If the seed cake is solvent extracted, it must be--
(1) Free from flammable solvent as far as reasonably practicable;
and
(2) Stowed in a mechanically ventilated hold.
(d) Prior to loading, the shipper must provide the master of the
vessel or person in charge of the barge with a certificate from a
competent testing laboratory stating the oil and moisture content of
the seed cake.
(e) The seed cake must be kept as dry as reasonably practicable at
all times.
(f) For a voyage with a planned duration greater than 5 days, the
vessel must be equipped with facilities for introducing carbon dioxide
or another inert gas into the hold.
(g) Temperature readings must be taken at least once in every 24
hour period. If the temperature of the seed cake exceeds 55 deg.C
(131 deg.F) and continues to increase, ventilation to the cargo hold
must be discontinued. If heating continues after ventilation has been
discontinued, carbon dioxide or the inert gas required under paragraph
(f) of this section must be introduced into the hold; except, if the
seed cake is solvent extracted, the use of inert gas must not be
introduced until fire is apparent to avoid the possibility of igniting
the solvent vapors by the generation of static electricity.
(h) Seed cake must be carried in accordance with the terms of a
Special Permit issued by the Commandant (G-MTH) in accordance with
subpart B of this part if--
(1) The oil was mechanically expelled; and
(2) It contains more than 10% vegetable oil or more than 20%
vegetable oil and moisture combined.
(i) This part does not apply to solvent extracted rape seed meal
pellets or soya bean meal that--
(1) Contains not more than 4% vegetable oil and not more than 15%
vegetable oil and moisture combined; and
(2) As far as reasonably practicable, is free from flammable
solvent.
Sec. 148.315 Sulfur.
(a) This part applies to sulfur in the form of lumps or coarse-
grain powder only. Fine-grained powder (``flowers of sulfur'') may not
be transported in bulk.
(b) After the loading or unloading of sulfur to which this part
applies has been completed, the vessel's decks, bulkheads, and
overheads, if containing sulfur dust, must be swept clean or washed
down with fresh water.
(c) A cargo space that contains sulfur or the residue of a sulfur
cargo must be adequately ventilated, preferably by mechanical means.
Each ventilator intake must be fitted with a spark-arresting screen.
Sec. 148.320 Tankage; garbage tankage; rough ammonia tankage; or
tankage fertilizer.
(a) This part applies to rough ammonia tankage in bulk that
contains 7% or more moisture by weight and garbage tankage and tankage
fertilizer that contain 8% or more moisture by weight.
(b) Tankage to which this part applies may not be loaded in bulk if
its temperature exceeds 38 deg.C (100 deg.F).
(c) During the voyage, the temperature of the tankage must be
monitored at intervals sufficient to detect spontaneous heating.
Sec. 148.325 Wood chips; wood pulp pellets.
(a) This part applies to wood chips and wood pulp pellets in bulk
that are subject to oxidation leading to depletion of oxygen and an
increase in carbon dioxide in the cargo hold.
(b) No person may enter a cargo hold containing wood chips or wood
pulp pellets, unless--
(1) The atmosphere in the cargo hold has been tested and contains
sufficient oxygen to support life; or
(2) The person entering the cargo hold is wearing the appropriate
self-contained breathing apparatus.
Sec. 148.330 Zinc ashes; zinc dross; zinc residues; zinc skimmings.
(a) The shipper shall inform the cognizant Coast Guard Captain of
the Port in advance of any cargo transfer operations involving zinc
ashes, zinc dross, zinc residues, or zinc skimmings (zinc material) in
bulk.
(b) Zinc material must be aged by exposure to the elements for at
least one year prior to shipment in bulk.
(c) Prior to loading in bulk, zinc must be stored under cover for a
sufficient period of time to ensure that it is as dry as reasonably
practicable. No zinc material that is wet may be accepted for shipment.
(d) Zinc material may not be loaded in bulk if its temperature is
greater than 11.1 deg.C (20 deg.F) in excess of the ambient
temperature.
(e) Paragraphs (e)(1) through (e)(5) of this section apply only
when zinc materials are carried by a manned cargo vessel:
(1) Zinc material in bulk must be stowed in a mechanically
ventilated hold which--
(i) Is designed for at least one complete air change every 30
minutes based on the empty hold;
(ii) Has explosion-proof motors approved for use in Class I,
Division 1, Group B atmospheres or equivalent motors approved by the
vessel's flag state administration for use in hydrogen atmospheres; and
(iii) Has nonsparking fans.
(2) Each hold into which zinc material is to be loaded must be
fitted with permanently installed combustible gas detectors capable of
measuring hydrogen concentrations of 0 to 4.1% by volume. If the
concentration of hydrogen in the space above the cargo exceeds 1% by
volume, the ventilation system must be run until the concentration
drops below 1% by volume.
(3) Thermocouples must be installed approximately 6 inches below
the surface of the zinc material or in the space immediately above the
zinc material. If an increase in temperature is detected, the
mechanical ventilation system required by paragraph (d) of this section
must be used until the temperature of the zinc material is below 55
deg.C (131 deg.F).
(4) Except as provided in paragraph (e)(5) of this section, the
cargo hatches of holds containing zinc material must remain sealed to
prevent the entry of seawater.
(5) If the concentration of hydrogen is near 4.1% by volume and
increasing, despite ventilation, or the temperature of the zinc
material reaches 65 deg.C (150 deg.F) and the weather and sea
conditions allow, the cargo hatches must be opened, taking care to
prevent sparks and minimize the entry of water.
Subpart F--Additional Special Requirements
Sec. 148.400 Applicability.
The requirements of this subpart apply only to the shipment or
loading of a material listed in table 148.10 of this part with a
reference to a section or paragraph of this subpart.
Sec. 148.405 Sources of ignition.
(a) Except in an emergency, no welding, burning, cutting, chipping
or other operations involving the use of fire, open flame, spark or arc
producing equipment, may be performed in a cargo hold containing a
material to which this paragraph applies under table 148.10 or in an
adjacent space.
(b) Welding, burning, cutting, chipping or other operations
involving the use of fire, open flame, spark or arc producing
equipment, may be performed in a cargo hold containing a material to
which this paragraph applies under table 148.10 of this part or in an
adjacent space when approved by the master of the vessel after the hold
or adjacent space has been tested to ensure that the concentration of
any flammable gas that may be present does not exceed 10 percent of the
LFL.
Sec. 148.407 Smoking.
When a material that is listed in table 148.10 of this part with a
reference to this section is being loaded or unloaded, smoking is
prohibited anywhere on board the vessel. While such a material is on
board the vessel, smoking is prohibited in spaces adjacent to the cargo
hold and on the vessel's deck in the vicinity of cargo hatches,
ventilator outlets and other accesses to the hold containing the
material. ``NO SMOKING'' signs must be displayed in conspicuous
locations in the areas where smoking is prohibited.
Sec. 148.410 Fire hoses.
A fire hose, supplied with fresh water from a shore supply source,
must be available at each hatch through which a material that is listed
in table 148.10 of this part with a reference to this section is being
loaded. When the material is being transferred between vessels, the
hoses may be supplied with salt water if no fresh water is available.
Sec. 148.415 Toxic gas analyzers.
When transporting a material that is listed in table 148.10 of this
part with a reference to a paragraph of this section, a gas analyzer
appropriate for the toxic gas listed in that paragraph must be on board
the vessel, except for unmanned barges. At least two members of the
crew must be knowledgeable in the use of the equipment, which must be
maintained in a condition ready for use. The atmosphere in the cargo
hold and adjacent spaces must be tested before a person is allowed to
enter these spaces. If toxic gases are detected, the space must be
ventilated and retested prior to entry. The toxic gases for which the
requirements of this section must be met when a paragraph of this
section is referenced in table 148.10 of this part are as follows:
(a) Arsine.
(b) Carbon monoxide.
(c) Hydrogen cyanide.
(d) Hydrogen sulfide.
(e) Phosphine.
(f) Sulfur dioxide.
Sec. 148.420 Flammable gas analyzers.
When transporting a material listed in table 148.10 of this part
with a reference to a paragraph of this section, a gas analyzer
appropriate for the flammable gas listed in that paragraph must be on
board the vessel, except for unmanned barges. At least two members of
the crew must be knowledgeable in the use of the equipment, which must
be maintained in a condition ready for use and capable of measuring 0-
100% LFL for the gas indicated. The atmosphere in the cargo hold must
be tested before any person is allowed to enter. If flammable gases are
detected, the space must be ventilated and retested prior to entry. The
flammable gases for which the requirements of this section must be met
when a paragraph of this section is referenced in table 148.10 of this
part are as follows:
(a) Carbon monoxide.
(b) Hydrogen.
(c) Methane.
Sec. 148.425 Oxygen analyzers.
When transporting material that is listed in table 148.10 of this
part with a reference to this section, equipment capable of measuring
atmospheric oxygen must be carried on board the vessel, except for
unmanned barges. At least two members of the crew must be knowledgeable
in the use of the equipment, which must be maintained in a condition
ready for use. Before any person is allowed to enter the cargo space,
the atmosphere in the space must be tested to ensure that there is
sufficient oxygen to support life. If the oxygen content is below 19.5%
the space must be ventilated and retested prior to entry.
Sec. 148.430 Self-contained breathing apparatus.
When transporting a material that is listed in table 148.10 of this
part with a reference to this section, each U.S. flag vessel, except an
unmanned barge, must have on board at least two self-contained,
pressure-demand-type, air breathing apparatus approved by the Mine
Safety and Health Administration (MSHA) or the National Institute for
Occupational Safety and Health (NIOSH), each having at least a thirty
minute air supply. Each foreign flag vessel must have on board at least
two such apparatus that are approved by the flag state administration.
This apparatus must be in addition to that required to be part of the
vessel's firemen's outfit under 46 CFR part 96, subpart 96.35 or by the
flag state administration. The master shall ensure that the breathing
apparatus is used only by persons trained in its use.
Sec. 148.435 Electrical circuits in cargo holds.
When transporting a material that is listed in table 148.10 of this
part with a reference to this section, each electrical circuit
terminating in a cargo hold containing the material must be
electrically disconnected from the power source at a point outside of
the cargo hold. The point of disconnection must be marked to prevent
the circuit from being reenergized while the material is on board.
Sec. 148.440 Stowage precautions.
When transporting a material listed in table 148.10 of this part
with a reference to a paragraph of this section, the following
precautions contained in the referenced paragraph must be taken:
(a) The material must be stowed in a mechanically ventilated hold.
(b) Precautions must be taken to minimize exposure of persons to
dust generated by the cargo.
(c) Suspension of the cargo dust in the air constitutes an
explosive atmosphere; precautions must be taken to prevent ignition of
the cargo dust.
Sec. 148.445 Adjacent spaces.
When transporting a material listed in table 148.10 of this part
with a reference to this section the following requirements must be
met:
(a) Each space adjacent to a cargo hold must be ventilated by
natural ventilation or by ventilation equipment safe for use in an
explosive gas atmosphere.
(b) Except for a cargo hold containing coal on a voyage with a
duration of 72 hours or less, each space adjacent to a cargo hold
containing the material must be regularly monitored for the presence of
the flammable gas indicated by reference to Sec. 148.420. If the level
of flammable gas in any space reaches 30% of the LFL all electrical
equipment that is not certified safe for use in an explosive gas
atmosphere must be deenergized at a location outside of that space.
This location must be labeled to prohibit reenergizing until the
atmosphere in the space is tested and found to be less than 30% of the
LFL.
(c) Each person who enters any space adjacent to a cargo hold or
compartment containing the material must wear a self-contained
breathing apparatus unless--
(1) The space has been tested, or is routinely monitored, for the
appropriate flammable gas and oxygen;
(2) The level of flammable gas is less than 10% of the LFL;
(3) The level of toxic gas, if required to be tested, is less than
the TLV; and
(4) The concentration of oxygen is at least 19.5%.
(d) Except in an emergency, no person may enter an adjacent space
if the level of flammable gas is greater than 30% of the LFL. If
emergency entry is necessary, each person who enters the space must
wear a self-contained breathing apparatus and caution must be exercised
to ensure that no sparks are produced.
Sec. 148.450 Cargoes subject to liquefaction.
(a) This section applies only to a material that is listed in table
148.10 with a reference to this section.
(b) This section does not apply to--
(1) Shipments by unmanned barge; or
(2) Coal that is not fine-particled coal.
(c) The following terms are defined as used in this section:
Cargo subject to liquefaction means a material which is subject to
moisture migration and subsequent liquefaction if shipped with a
moisture content in excess of the transportable moisture limit.
Moisture migration is the movement of moisture by settling and
consolidation of a material, which may result in the development of a
flow state in the material.
Transportable moisture limit (TML) of a cargo that may liquefy is
the maximum moisture content which is considered safe for carriage on
vessels.
(d) Except on a vessel that is specially constructed or specially
fitted for the purpose of carrying such cargoes, a cargo subject to
liquefaction may not be transported by vessel if its moisture content
exceeds its TML.
(e) The shipper of a cargo subject to liquefaction shall provide
the master with the material's moisture content and TML.
(f) The master of a vessel shipping a cargo subject to liquefaction
shall ensure that--
(1) A cargo containing a liquid is not stowed in the same cargo
space with a cargo subject to liquefaction; and
(2) Precautions are taken to prevent the entry of liquids into a
cargo space containing a cargo subject to liquefaction.
(g) The moisture content and TML of a material may be determined by
the tests described in appendix D.1 of the BC Code.
Dated: March 2, 1994.
R.C. North,
Captain, U.S. Coast Guard, Acting Chief, Office of Marine Safety,
Security and Environmental Protection.
[FR Doc. 94-8364 Filed 4-11-94; 8:45 am]
BILLING CODE 4910-14-P
