CARRIAGE BY VESSEL

• Citation: 49 CFR Part 176
• Sections: 113

§ 176.1 Purpose and scope.

This part prescribes requirements in addition to those contained in parts 171, 172, and 173 of this subchapter to be observed with respect to the transportation of hazardous materials by vessel.

§ 176.2 Definitions.

As used in this part—

Cantline means the v-shaped groove between two abutting, parallel horizontal cylinders.

Cargo net means a net made of fiber or wire used to provide convenience in handling loose or packaged cargo to and from a vessel.

Cargo transport unit means a transport vehicle, a freight container, a portable tank or a multiple element gas container (MEGC). A closed cargo transport unit means a cargo transport unit in which the contents are totally enclosed by permanent structures. An open cargo transport unit means a cargo transport unit that is not a closed cargo transport unit. Cargo transport units with fabric sides or tops are not closed cargo transport units for the purposes of this part.

Clear of living quarters means that the hazardous material must be located so that in the event of release of the material, leakage or vapors will not penetrate accommodations, machinery spaces or other work areas by means of entrances or other openings in bulkheads or ventilation ducts.

Closed freight container means a freight container which totally encloses its contents by permanent structures. A freight container formed partly by a tarpaulin, plastic sheet, or similar material is not a closed freight container.

Closed cargo transport unit for Class 1 (explosive) materials means a freight container or transport vehicle that fully encloses the contents by permanent structures and can be secured to the ship's structure and are, except for the carriage of division 1.4 explosives, structurally serviceable (see § 176.172). Portable magazines conforming to § 176.137 are also considered closed cargo transport units for Class 1. Small compartments such as deck houses and mast lockers are included. Cargo transport units with fabric sides or tops are not closed cargo transport units. The floor of any closed cargo transport unit must either be constructed of wood, close-boarded or so arranged that goods are stowed on sparred gratings, wooden pallets or dunnage.

Commandant (CG-522), USCG means the Chief, Office of Operating and Environmental Standards, United States Coast Guard, Washington, DC 20593-0001.

Compartment means any space on a vessel that is enclosed by the vessel's decks and its sides or permanent steel bulkheads.

CSC safety approval plate means the safety approval plate specified in Annex I of the International Convention for Safe Containers (1972) and conforming to the specifications in 49 CFR 451.23 and 451.25. The plate is evidence that a freight container was designed, constructed, and tested under international rules incorporated into U.S. regulations in 49 CFR parts 450 through 453. The plate is found in the door area of the container.

Deck structure means a structure of substantial weight and size located on the weather deck of a vessel and integral with the deck. This term includes superstructures, deck houses, mast houses, and bridge structures.

Draft means a load or combination of loads capable of being hoisted into or out of a vessel in a single lift.

Dunnage means lumber of not less than 25 mm (0.98 inch) commercial thickness or equivalent material laid over or against structures such as tank tops, decks, bulkheads, frames, plating, or ladders, or used for filling voids or fitting around cargo, to prevent damage during transportation.

Explosives anchorage means an anchorage so designated under 33 CFR part 110, subpart B.

Explosive article means an article or device that contains one or more explosive substances. Individual explosive substances are identified in column 17 of the Dangerous Goods List in the IMDG Code (IBR, see § 171.7 of this subchapter).

Explosives handling facility means—

(1) A “designated waterfront facility” designated under 33 CFR part 126 when loading, handling, and unloading Class 1 (explosives) materials; or

(2) A facility for loading, unloading, and handling military Class 1 (explosives) materials which is operated or controlled by an agency of the Department of Defense.

Explosive substance means a solid or liquid material, or a mixture of materials, which is in itself capable by chemical reaction of producing gas at such a temperature and pressure and at such a speed as to cause damage to its surroundings. Individual explosive substances are identified in column 17 of the Dangerous Goods List in the IMDG Code.

Handling means the operation of loading and unloading a vessel; transfer to, from, or within a vessel, and any ancillary operations.

Hold means a compartment below deck that is used exclusively for the carriage of cargo.

In containers or the like means any clean, substantial, weatherproof box structure which can be secured to the vessel's structure, including a portable magazine or a closed cargo transport unit. Whenever this stowage is specified, stowage in deckhouses, mast lockers and oversized weatherproof packages (overpacks) is also acceptable.

Incompatible materials means two materials whose stowage together may result in undue hazards in the case of leakage, spillage, or other accident.

INF cargo means packaged irradiated nuclear fuel, plutonium or high-level radioactive wastes as those terms are defined in the “International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships” (INF Code) contained in the IMDG Code.

Landing mat means a shock absorbing pad used in loading Class 1 (explosive) materials on vessels.

Machinery Spaces of Category A are those spaces, and trunks to such spaces, which contain:

(1) Internal combustion machinery used for main propulsion:

(2) Internal combustion machinery used for purposes other than main propulsion where such machinery has in the aggregate a total power output of not less than 375 kw; or

(3) any oil-fired boiler or fuel unit.

Magazine means an enclosure designed to protect certain goods of Class 1 (explosive) materials from damage by other cargo and adverse weather conditions during loading, unloading, and when in transit; and to prevent unauthorized access. A magazine may be a fixed structure or compartment in the vessel, a closed freight container, a closed transport vehicle, or a portable magazine. Magazines may be positioned in any part of the ship conforming with the relevant provisions for Class 1 (explosive) materials contained in Subpart G of this part provided that magazines which are fixed structures are sited so that their doors, where fitted, are easily accessible.

Master of the Vessel, as used in this part, includes the person in charge of an unmanned vessel or barge.

Open freight container means a freight container that does not totally enclose its contents by permanent structures.

Overstowed means a package or container is stowed directly on top of another. However, with regard to Class 1 (explosive) stowage, such goods may themselves be stacked to a safe level but other goods should not be stowed directly on top of them.

Pallet means a portable platform for stowing, handling, and moving cargo.

Palletized unit means packages or unpackaged objects stacked on a pallet, banded and secured to the pallet by metal, fabric, or plastic straps for the purpose of handling as a single unit.

Pie plate means a round, oval, or hexagonal pallet without sideboards, used in conjunction with a cargo net to handle loose cargo on board a vessel.

Portable magazine means a strong, closed, prefabricated, steel or wooden, closed box or container, other than a freight container, designed and used to handle Class 1 (explosive) materials either by hand or mechanical means.

Potential or possible sources of ignition means, but is not limited to, open fires, machinery exhausts, galley uptakes, electrical outlets and electrical equipment including those on refrigerated or heated cargo transport units unless they are of a type designed to operate in a hazardous environment.

Protected from sources of heat means that packages and cargo transport units must be stowed at least 2.4 m from heated ship structures, where the surface temperature is liable to exceed 131 °F (55 °C). Examples of heated structures are steam pipes, heating coils, top or side walls of heated fuel and cargo tanks, and bulkheads of machinery spaces. In addition, packages not loaded inside a cargo transport unit and stowed on deck must be shaded from direct sunlight. The surface of a cargo transport unit can heat rapidly when in direct sunlight in nearly windless conditions and the cargo may also become heated. Depending on the nature of the goods in the cargo transport unit, and the planned voyage, precautions must be taken to ensure that exposure to direct sunlight is reduced.

Readily combustible material means a material which may or may not be classed as a hazardous material but which is easily ignited and supports combustion. Examples of readily combustible materials include wood, paper, straw, vegetable fibers, products made from such materials, coal, lubricants, and oils. This definition does not apply to packaging material or dunnage.

Responsible person means a person empowered by the master of the vessel to make all decisions relating to his or her specific task, and having the necessary knowledge and experience for that purpose.

Safe working load means the maximum gross weight that cargo handling equipment is approved to lift.

Skilled person means a person having the knowledge and experience to perform a certain duty.

Skipboard means a square or rectangular pallet without sideboards, usually used in conjunction with a cargo net to handle loose cargo on board a vessel.

Splice as used in § 176.172 of this part, means any repair of a freight container main structural member which replaces material, other than complete replacement of the member.

Tray means a type of pallet constructed to specific dimensions for handling a particular load.

§ 176.3 Unacceptable hazardous materials shipments.

(a) A carrier may not transport by vessel any shipment of a hazardous material that is not prepared for transportation in accordance with parts 172 and 173 of this subchapter, or as authorized by subpart C of part 171 of this subchapter.

(b) A carrier may not transport by vessel any explosive or explosive composition described in § 173.54 of this subchapter.

§ 176.4 Port security and safety regulations.

(a) Each carrier, master, agent, and charterer of a vessel and all other persons engaged in handling hazardous materials on board vessels shall comply with the applicable provisions of 33 CFR parts 6, 109, 110, 125, 126, and 160.

(b) Division 1.1 and 1.2 (explosive) materials may only be loaded on and unloaded from a vessel at—

(1) A facility of particular hazard as defined in 33 CFR 126.05(b);

(2) An explosives anchorage listed in 33 CFR part 110; or

(3) A facility operated or controlled by the Department of Defense.

(c) With the concurrence of the COTP, Division 1.1 and 1.2 (explosive) materials may be loaded on or unloaded from a vessel in any location acceptable to the COTP.

§ 176.5 Application to vessels.

(a) Except as provided in paragraph (b) of this section, this subchapter applies to each domestic or foreign vessel when in the navigable waters of the United States, regardless of its character, tonnage, size, or service, and whether self-propelled or not, whether arriving or departing, underway, moored, anchored, aground, or while in dry dock.

(b) This subchapter does not apply to:

(1) A public vessel not engaged in commercial service;

(2) A vessel constructed or converted for the principal purpose of carrying flammable or combustible liquid cargo in bulk in its own tanks, when only carrying these liquid cargoes;

(3) A vessel of 15 gross tons or smaller when not engaged in carrying passengers for hire;

(4) A vessel used exclusively for pleasure;

(5) A vessel of 500 gross tons or smaller when engaged in fisheries;

(6) A tug or towing vessel, except when towing another vessel having Class 1 (explosive) materials, Class 3 (flammable liquids), or Division 2.1 (flammable gas) materials, in which case the owner/operator of the tug or towing vessel shall make such provisions to guard against and extinguish fire as the Coast Guard may prescribe;

(7) A cable vessel, dredge, elevator vessel, fireboat, icebreaker, pile driver, pilot boat, welding vessel, salvage vessel, or wrecking vessel; or

(8) A foreign vessel transiting the territorial sea of the United States without entering the internal waters of the United States, if all hazardous materials being carried on board are being carried in accordance with the requirements of the IMDG Code (IBR, see § 171.7 of this subchapter).

(c) [Reserved]

(d) Except for transportation in bulk packagings (as defined in § 171.8 of this subchapter), the bulk carriage of hazardous materials by water is governed by 46 CFR chapter I, subchapters D, I, N and O.

§ 176.7 Documentation for vessel personnel.

Each owner, operator, master, agent, person in charge, and charterer must ensure that vessel personnel required to have a license, certificate of registry, or merchant mariner's document by 46 CFR parts 10 and 12 possess a license, certificate or document, as appropriate.

§ 176.9 “Order-Notify” or “C.O.D.” shipments.

A carrier may not transport Division 1.1 or 1.2 (explosive) materials, detonators, or boosters with detonators which are:

(a) Consigned to “order-notify” or “C.O.D.”, except on a through bill of lading to a place outside the United States; or

(b) Consigned by the shipper to himself unless he has a resident representative to receive the shipment at the port of discharge.

§ 176.11 Exceptions.

(a) A hazardous material may be offered and accepted for transport by vessel when in conformance with the IMDG Code (IBR, see § 171.7 of this subchapter), subject to the conditions and limitations set forth in subpart C of part 171 of this subchapter.The requirements of §§ 176.83, 176.84, and 176.112 through 176.174 are not applicable to shipments of Class 1 (explosive) materials made in accordance with the IMDG Code. A hazardous material which conforms to the provisions of this paragraph (a) is not subject to the requirement specified in § 172.201(d) of this subchapter for an emergency response telephone number, when transportation of the hazardous material originates and terminates outside the United States and the hazardous material—

(1) Is not offloaded from the vessel; or

(2) Is offloaded between ocean vessels at a U.S. port facility without being transported by public highway.

(b) Canadian shipments and packages may be transported by vessel if they are transported in accordance with this subchapter. (See subparts B and C of part 171 of this subchapter.)

(c) The requirements of this subchapter governing the transportation of combustible liquids do not apply to the transportation of combustible liquids in non-bulk (see definitions in § 171.8 of this subchapter) packages on board vessels.

(d) Transport vehicles, containing hazardous materials loaded in accordance with specific requirements of this subchapter applicable to such vehicles, may be transported on board a ferry vessel or carfloat, subject to the applicable requirements specified in §§ 176.76, 176.100, and subpart E of this part.

(e) [Reserved]

(f) Paragraph (a) of this section does not apply to hazardous materials, including certain hazardous wastes and hazardous substances as defined in § 171.8 of this subchapter, which are not subject to the requirements of the IMDG Code.

(g) The requirements of this subchapter do not apply to atmospheric gases used in a refrigeration system.

§ 176.13 Responsibility for compliance and training.

(a) Unless this subchapter specifically provides that another person shall perform a particular duty, each carrier shall perform the duties specified and comply with all applicable requirements in this part and shall ensure its hazmat employees receive training in relation thereto.

(b) A carrier may not transport a hazardous material by vessel unless each of its hazmat employees involved in that transportation is trained as required by subpart H of part 172 of this subchapter.

(c) The record of training required by § 172.704(d) of this subchapter for a crewmember who is a hazmat employee subject to the training requirements of this subchapter must be kept on board the vessel while the crewmember is in service on board the vessel.

§ 176.15 Enforcement.

(a) An enforcement officer of the U.S. Coast Guard may at any time and at any place, within the jurisdiction of the United States, board any vessel for the purpose of enforcement of this subchapter and inspect any shipment of hazardous materials as defined in this subchapter.

(b) [Reserved]

§ 176.18 Assignment and certification.

(a) The National Cargo Bureau, Inc., is authorized to assist the Coast Guard in administering this subchapter with respect to the following:

(1) Inspection of vessels for suitability for loading hazardous materials;

(2) Examination of stowage of hazardous materials;

(3) Making recommendations for stowage requirements of hazardous materials cargo; and

(4) Issuance of certificates of loading setting forth that the stowage of hazardous materials is in accordance with the requirements of this subchapter.

(b) A certificate of loading issued by the National Cargo Bureau, Inc., may be accepted by the Coast Guard as prima facie evidence that the cargo is stowed in conformity with the requirements of this subchapter.

§ 176.24 Shipping papers.

(a) A person may not accept a hazardous material for transportation or transport a hazardous material by vessel unless that person has received a shipping paper prepared in accordance with part 172 of this subchapter, or as authorized by subpart C of part 171 of this subchapter, unless the material is excepted from shipping paper requirements under this subchapter.

(b) Each person receiving a shipping paper required by this section must retain a copy or an electronic image thereof, that is accessible at or through its principal place of business and must make the shipping paper available, upon request, to an authorized official of a Federal, State, or local government agency at reasonable times and locations. For a hazardous waste, each shipping paper copy must be retained for three years after the material is accepted by the initial carrier. For all other hazardous materials, each shipping paper copy must be retained for one year after the material is accepted by the carrier. Each shipping paper copy must include the date of acceptance by the carrier. The date on the shipping paper may be the date a shipper presents a booking for carriage with the carrier as an alternative to the date the shipment is picked up, accepted, or loaded on the vessel by the carrier.

§ 176.27 Certificate.

(a) A carrier may not transport a hazardous material by vessel unless a certificate prepared in accordance with § 172.204 of this subchapter has been received.

(b) In the case of an import or export shipment of a hazardous material that will not be transported by rail, highway, or air, the shipper may certify on the bill of lading or other shipping paper that the hazardous material is properly classed, described, marked, packaged, and labeled according to part 172 of this subchapter or in accordance with the requirements of the IMDG Code (IBR, see § 171.7 of this subchapter). See subpart C of part 171 of this subchapter.

(c)(1) A person responsible for packing or loading a freight container or transport vehicle with packages of hazardous materials for transportation by a manned vessel in ocean or coastwise service, must provide the vessel operator, at the time the shipment is offered for transportation by vessel, with a signed container packing certificate stating, at a minimum, that—

(i) The freight container or transport vehicle is serviceable for the materials loaded therein, contains no incompatible goods, and is properly marked, labeled or placarded, as applicable; and

(ii) When the freight container or transport vehicle contains packages, those packages have been inspected prior to loading, are properly marked, labeled or placarded, as applicable; are not damaged; and are properly secured.

(2) The certification may appear on a shipping paper or on a separate document as a statement, such as “It is declared that the packing of the container has been carried out in accordance with the applicable provisions [of 49 CFR], [of the IMDG Code], or [of 49 CFR and the IMDG Code].”

§ 176.30 Dangerous cargo manifest.

(a) The carrier, its agents, and any person designated for this purpose by the carrier or agents must prepare a dangerous cargo manifest, list, or stowage plan. This document may not include a material that is not subject to the requirements of the Hazardous Material Regulations (49 CFR parts 171 through 180) or the International Maritime Dangerous Goods Code (IMDG Code) (IBR, see § 171.7 of this subchapter). This document must be kept on or near the vessel's bridge, except when the vessel is docked in a United States port. When the vessel is docked in a United States port, this document may be kept in the vessel's cargo office or another location designated by the master of the vessel provided that a sign is placed beside the designated holder on or near the vessel's bridge indicating the location of the dangerous cargo manifest, list, or stowage plan. This document must always be in a location that is readily accessible to emergency response and enforcement personnel. It must contain the following information:

(1) Name of vessel and official number. (If the vessel has no official number, the international radio call sign must be substituted.);

(2) Nationality of vessel;

(3) Shipping name and identification number of each hazardous material on board as listed in § 172.101 of this subchapter or as listed in the IMDG Code and an emergency response telephone number as prescribed in subpart G of part 172 of this subchapter.

(4) The number and description of packages (barrels, drums, cylinders, boxes, etc.) and gross weight for each type of package;

(5) Classification of the hazardous material in accordance with either:

(i) The Hazardous Materials Table, the § 172.101 table; or

(ii) The IMDG Code.

(6) Any additional description required by § 172.203 of this subchapter.

(7) Stowage location of the hazardous material on board the vessel.

(8) In the case of a vessel used for the storage of explosives or other hazardous materials, the following additional information is required:

(i) Name and address of vessel's owner;

(ii) Location of vessel's mooring;

(iii) Name of person in charge of vessel;

(iv) Name and address of the owner of the cargo; and

(v) A complete record, by time intervals of one week, of all receipts and disbursements of hazardous materials. The name and address of the consignor must be shown against all receipts and the name and address of the consignee against all deliveries.

(9) For excepted packages containing Class 7 materials only the following information is required:

(i) The UN identification number for the material preceded by the letters “UN”;

(ii) The name and address of the consignor and the consignee; and

(iii) The stowage location of the hazardous material on board the vessel.

(b) The hazardous material information on the dangerous cargo manifest must be the same as the information furnished by the shipper on the shipping order or other shipping paper, except that the IMO “correct technical name” and the IMO class may be indicated on the manifest as provided in paragraphs (a)(3) and (a)(5) of this section. The person who supervises the preparation of the manifest, list, or stowage plan shall ensure that the information is correctly transcribed, and shall certify to the truth and accuracy of this information to the best of his knowledge and belief by his signature and notation of the date prepared.

(c) The carrier and its agents shall insure that the master, or a licensed deck officer designated by the master and attached to the vessel, or in the case of a barge, the person in charge of the barge, acknowledges the correctness of the dangerous cargo manifest, list or stowage plan by his signature.

(d) For barges, manned or unmanned, the requirements of this section apply except for the following:

(1) In the case of a manned barge, the person in charge of the barge shall prepare the dangerous cargo manifest.

(2) In the case of an unmanned barge, the person responsible for loading the barge is responsible for the preparation of a dangerous cargo manifest, list, or stowage plan and must designate an individual for that purpose.

(3) For all barges, manned or unmanned, the dangerous cargo manifest must be on board the barge in a readily accessible location and a copy must be furnished to the person in charge of the towing vessel.

(e) Each carrier who transports or stores hazardous materials on a vessel shall retain a copy of the dangerous cargo manifest, list, or stowage plan for at least one year, and shall make that document available for inspection in accordance with § 176.36(b) of this subchapter.

§ 176.31 Special permits.

If a hazardous material is being transported by vessel under the authority of an exemption or special permit and a copy of the exemption or special permit is required to be on board the vessel, it must be kept with the dangerous cargo manifest.

§ 176.36 Preservation of records.

(a) When this part requires shipping orders, manifest, cargo lists, stowage plans, reports, or any other papers, documents or similar records to be prepared, the carrier shall preserve them or copies of them in his place of business or office in the United States for a period of one year after their preparation.

(b) Any record required to be preserved must be made available upon request to an authorized representative of the Department.

§ 176.39 Inspection of cargo.

(a) Manned vessels. The carrier, its agents, and any person designated for this purpose by the carrier or agents shall cause an inspection of each hold or compartment containing hazardous materials to be made after stowage is complete, and at least once every 24 hours thereafter, weather permitting, in order to ensure that the cargo is in a safe condition and that no damage caused by shifting, spontaneous heating, leaking, sifting, wetting, or other cause has been sustained by the vessel or its cargo since loading and stowage. However, freight containers or individual barges need not be opened. A vessel's holds equipped with smoke or fire detecting systems having an automatic monitoring capability need not be inspected except after stowage is complete and after periods of heavy weather. The carrier, its agents, and any person designated for this purpose by the carrier or agents shall cause an entry to be made in the vessel's deck log book for each inspection of the stowage of hazardous materials performed.

(b) Unmanned and magazine vessels. An inspection of the cargo must be made after stowage has been completed to ensure that stowage has been accomplished properly and that there are no visible signs of damage to any packages or evidence of heating, leaking, or sifting. This inspection must be made by the individual who is responsible to the carrier and who is in charge of loading and stowing the cargo on the unmanned vessels or the individual in charge in the case of a magazine vessel.

(c) The carrier, its agents, and any person designated for this purpose by the carrier or agents of each ocean-going vessel carrying hazardous material shall, immediately prior to entering a port in the United States, cause an inspection of that cargo to be made.

(d) When inspecting a cargo of hazardous materials capable of evolving flammable vapors, any artificial means of illumination must be of an explosion-proof type.

§ 176.45 Emergency situations.

(a) When an accident occurs on board a vessel involving hazardous materials, and the safety of the vessel, its passengers or crew are endangered, the master shall adopt such procedures as will, in his judgment, provide maximum safety for the vessel, its passengers, and its crew. When the accident results in damaged packages or the emergency use of unauthorized packagings, these packages may not be offered to any forwarding carrier for transportation. The master shall notify the nearest Captain of the Port, U.S. Coast Guard, and request instructions for disposition of the packages.

(b) Hazardous materials may be jettisoned only if the master believes this action necessary to prevent or substantially reduce a hazard to human life or reduce a substantial hazard to property.

§ 176.48 Situation requiring report.

(a) When a fire or other hazardous condition exists on a vessel transporting hazardous materials, the master shall notify the nearest Captain of the Port as soon as possible and shall comply with any instructions given by the Captain of the Port.

(b) When an incident occurs during transportation in which a hazardous material is involved, a report may be required (see §§ 171.15 and 171.16 of this subchapter).

(c) If a package, portable tank, freight container, highway or railroad vehicle containing hazardous materials is jettisoned or lost, the master shall notify the nearest Captain of the Port as soon as possible of the location, quantity, and type of the material.

§ 176.50 Acceptance of damaged or leaking packages.

A carrier may not transport by vessel any package that is so damaged as to permit the escape of its contents, that appears to have leaked, or that gives evidence of failure to properly contain the contents unless it is restored or repaired to the satisfaction of the master of the vessel. A package containing radioactive materials (other than low specific activity materials) may not be repaired or restored.

§ 176.52 Rejections of shipments in violation.

(a) A carrier may not knowingly transport by vessel any hazardous material offered under a false or deceptive name, marking, invoice, shipping paper or other declaration, or without the shipper furnishing written information about the true nature of the material at the time of delivery.

(b) If a shipment in violation is found in transit, the master of the vessel shall adopt procedures which in his judgment provide maximum safety to the vessel, its passengers and its crew and which are in compliance with § 176.45. If the vessel is in port, the material may not be delivered to any party, and the master shall immediately notify the nearest Captain of the Port and request instructions for disposition of the material.

§ 176.54 Repairs involving welding, burning, and power-actuated tools and appliances.

(a) Except as provided in paragraph (b) of this section, repairs or work involving welding or burning, or the use of power-actuated tools or appliances which may produce intense heat may not be undertaken on any vessel having on board explosives or other hazardous materials as cargo.

(b) Paragraph (a) of this section does not apply if:

(1) The repairs or work are approved by the COTP under 33 CFR 126.30; or

(2) Emergency repairs to the vessel's main propelling or boiler plant or auxiliaries are necessary for the safety of the vessel. If such repairs are performed, the master of the vessel must immediately notify the nearest COTP.

§ 176.57 Supervision of handling and stowage.

(a) Hazardous materials may be handled or stowed on board a vessel only under the direction and observation of a responsible person assigned this duty.

(b) For a vessel engaged in coastwise voyages, or on rivers, bays, sounds or lakes, including the Great Lakes when the voyage is not foreign-going, the responsible person may be an employee of the carrier and assigned this duty by the carrier, or a licensed officer attached to the vessel and assigned by the master of the vessel.

(c) For a domestic vessel engaged in a foreign-going or intercoastal voyage, the responsible person must be an officer possessing an unexpired license issued by the USCG and assigned this duty by the master of the vessel.

(d) For a foreign vessel, the responsible person must be an officer of the vessel assigned this duty by the master of the vessel.

§ 176.58 Preparation of the vessel.

(a) Each hold or compartment in which hazardous materials are to be stowed must be free of all debris before the hazardous materials are stowed. Bilges must be examined and all residue of previous cargo removed.

(b) All decks, gangways, hatches, and cargo ports over or through which hazardous materials must be passed or handled in loading or unloading must be free of all loose materials before cargo handling operations begin.

(c) No debris that creates a fire hazard or a hazardous condition for persons engaged in handling hazardous materials may be on the weather deck of a vessel during loading or unloading operations.

(d) Hatch beams and hatch covers may not be stowed in a location that would interfere with cargo handling.

§ 176.60 “No Smoking” signs.

When smoking is prohibited during the loading, stowing, storing, transportation, or unloading of hazardous materials by this part, the carrier and the master of the vessel are jointly responsible for posting “NO SMOKING” signs in conspicuous locations.

§ 176.63 Stowage locations.

(a) The table in § 172.101 of this subchapter specifies generally the locations authorized for stowage of the various hazardous materials on board vessels. This part prescribes additional requirements with respect to the stowage of specific hazardous materials in addition to those authorized in § 172.101 of this subchapter. This section sets forth the basic physical requirements for the authorized locations. Hazardous materials offered for transport as limited quantities are allocated stowage category A and are not subject to any of the specific stowage requirements indicated in column 10B in § 172.101 of this subchapter for the material being transported.

(b) To qualify as “on deck” stowage, the location must be on the weather deck. If the location is in a house on the weather deck, the location must have a permanent structural opening to the atmosphere, such as a door, hatch, companionway or manhole, and must be vented to the atmosphere. The location may not have any structural opening to any living quarters, cargo, or other compartment unless the opening has means for being closed off and secured. Any deck house containing living quarters, a steering engine, a refrigerating unit, a refrigerated stowage box, or a heating unit may not be used unless that area is isolated from the cargo stowage area by a permanent, and tight, metallic bulkhead. Stowage in a shelter or 'tween deck is not considered to be “on deck”. A barge that is vented to the atmosphere and is stowed on deck on a barge-carrying ship is considered to be “on deck”. When an entry in § 172.101 of this subchapter requires “on-deck” stowage and is qualified by the requirement “protected from sources of heat”, the stowage must be protected from the direct rays of the sun by means of structural erections or awnings except that such protection is not required for shipment in portable tanks.

(c) To qualify as “under deck” stowage, the location must be in a hold or compartment below the weather deck capable of being ventilated and allotted entirely to the carriage of cargo. It must be bounded by permanent steel decks and bulkheads or the shell of the vessel. The deck openings must have means for effectively closing the hold or compartment against the weather, and in the case of superimposed holds, for effectively closing off each hold. A hold or compartment containing a crew passage formed by battens or by mesh or wire screen bulkhead may not be used for the stowage of any hazardous material unless a watchman is provided for this area.

(d) To qualify as “under deck away from heat”, the location must be under deck and have built-in means for ventilation. If it is subject to heat from any artificial source, it only qualifies for the stowage of those hazardous materials for which “under deck” stowage is authorized.

(e) Notwithstanding the stowage provisions given in the table in § 172.101 of this subchapter, empty packages containing residue, including IBCs and large packages, may be stowed “on deck” or “under deck” in a mechanically ventilated cargo space. However, empty pressure receptacles containing residue that carry a label of class 2.3 must be stowed “on deck” and waste aerosols must be stowed in accordance with the table in § 172.101 of this subchapter.

(f) Stowage of containers on board hatchless container ships. (1) Containers holding a hazardous material may be stowed in or vertically above a hatchless container hold if the following conditions are met:

(1) All hazardous materials are permitted for under deck stowage as specified in the Table in § 172.101 of this subchapter; and

(2) The hatchless container hold is in full compliance with the provisions of SOLAS, Chapter II-2/Regulation 19 (IBR; see § 171.7 of this subchapter), applicable to enclosed container cargo spaces, as appropriate for the cargo transported.

§ 176.65 Alternative stowage procedures.

When a hazardous material is to be loaded on board a vessel and it is shown to the satisfaction of the Coast Guard Captain of the Port for the place where the vessel is being loaded that it is impracticable to comply with a stowage location requirement specified in the § 172.101 table of this subchapter or a segregation, handling or stowage requirement specified in this part, the Captain of the Port may authorize in writing the use of an alternative stowage location or method of segregation, handling or stowage subject to such conditions as he finds will insure a level of safety at least equal to that afforded by the regulatory requirement concerned.

§ 176.69 General stowage requirements for hazardous materials.

(a) Hazardous materials (except as provided in paragraph (c) of this section and Class 9 (miscellaneous hazardous) materials) must be stowed in a manner that will facilitate inspection during the voyage, their removal from a potentially dangerous situation, and the removal of packages in case of fire.

(b) Each package marked in accordance with § 172.312(a)(2) of this subchapter must be stowed as to remain in the position indicated during transportation.

(c) If a vessel designed for and carrying hazardous materials in freight containers or a vessel designed for and carrying hazardous materials in barges is equipped with a fixed fire extinguishing and fire detection system, the freight containers or barges need not be stowed in the manner required by paragraph (a) of this section. When freight containers or barges containing hazardous materials are stowed on deck, they need not be stowed in the manner required by paragraph (a) of this section if fire fighting equipment capable of reaching and piercing the freight container or barge is on board the vessel.

(d) Packages of hazardous materials must be secured and dunnaged to prevent shifting in any direction. Vertical restraints are not required if the shape of the package and the stuffing pattern preclude shifting of the load.

(e) Packages of hazardous materials must be braced and dunnaged so that they are not likely to be pierced by the dunnage or crushed by a superimposed load.

§ 176.70 Stowage requirements for marine pollutants.

(a) Marine pollutants must be properly stowed and secured to minimize the hazards to the marine environment without impairing the safety of the ship and the persons on board.

(b) Where stowage is permitted “on deck or under deck”, under deck stowage is preferred except when a weather deck provides equivalent protection.

(c) Where stowage “on deck only” is required, preference should be given to stowage on well-protected decks or to stowage inboard in sheltered areas of exposed decks.

§ 176.72 Handling of break-bulk hazardous materials.

(a) A metal bale hook may not be used for handling any package of hazardous materials.

(b) The use of equipment designed to lift or move cargo by means of pressure exerted on the packages may not be used for handling any package of hazardous materials if the device can damage the package or the package is not designed to be moved in that manner.

(c) Pallets, slings, cargo nets and other related equipment used in loading packages of hazardous materials must give adequate support to the packages. The packages must be contained so that they are not able to fall during loading.

§ 176.74 On deck stowage of break-bulk hazardous materials.

(a) Packages containing hazardous materials must be secured by enclosing in boxes, cribs or cradles and proper lashing by use of wire rope, strapping or other means, including shoring and bracing, or both. Lashing of deck cargo is permitted if eye pads are used to attach the lashings. Lashings may not be secured to guard rails. Bulky articles must be shored.

(b) A packaging susceptible to weather or water damage must be protected so that it will not be exposed to the weather or to sea water.

(c) Not more than fifty percent of the total open deck area should be used for stowage of hazardous materials (except Class 9 (miscellaneous hazardous material).

(d) Fireplugs, hoses, sounding pipes, and access to these must be free and clear of all cargo.

(e) Crew and passenger spaces and areas set aside for the crew's use may not be used to stow any hazardous material.

(f) A hazardous material may not be stowed within a horizontal distance of 25 feet of an operating or embarkation point of a lifeboat.

(g) Hazardous materials must be stowed to permit safe access to the crew's quarters and to all parts of the deck required in navigation and necessary working of the vessel.

(h) When runways for use of the crew are built over stowed hazardous materials, they must be constructed and fitted with rails and lifelines so as to afford complete protection to the crew when in use.

§ 176.76 Transport vehicles, freight containers, and portable tanks containing hazardous materials.

(a) Except as provided in paragraphs (b) through (f) of this section, hazardous materials authorized to be transported by vessel may be carried on board a vessel in a transport vehicle or freight container, subject to the following conditions (see additional requirements concerning the transport of Class 1 (explosive) materials in §§ 176.168 through 176.172 of this subchapter):

(1) The material must be in proper condition for transportation according to the requirements of this subchapter;

(2) All packages in the transport vehicle or freight container must be secured to prevent shifting in any direction. Vertical restraint is not required if the shape of the packages, loading pattern, and horizontal restraint preclude vertical shifting of the load within the freight container or transport vehicle;

(3) Bulkheads made of dunnage which extend to the level of the cargo must be provided unless the packages are stowed flush with the sides or ends;

(4) Dunnage must be secured to the floor when the cargo consists of dense materials or heavy packages;

(5) Each package marked in accordance with § 172.312(a)(2) of this subchapter must be stowed as marked;

(6) Any slack spaces between packages must be filled with dunnage;

(7) The weight in a container must be distributed throughout as evenly as possible and the maximum permissible weight must not be exceeded;

(8) Adjacent levels of baggaged and baled cargo must be stowed in alternate directions so that each tier binds the tier above and below it;

(9) When security devices, beacons or other tracking or monitoring equipment are used, they must be securely installed and must be of a certified safe type for the hazardous materials that will be carried within the freight container or transport vehicle in which such as device or equipment is installed.

(10) The lading must be contained entirely within the freight container or vehicle body without overhang or projection except that oversized machinery such as tractors or vehicles with batteries attached may overhang or project outside the intermodal container provided all of that portion of the lading that consists of hazardous materials is contained entirely within the freight container. No open-bed container or vehicle is permitted to carry hazardous materials unless it is equipped with a means of properly securing the lading.

(11) When packages are secured with banding or straps, these restraints must not be over-tightened to cause damage or deformation of the packages or the securing points (such as D-rings) within the freight container or transport vehicle.

(b) A transport vehicle containing hazardous materials may be carried only on board a trailership, trainship, ferry vessel or car float.

(c) [Reserved]

(d) A transport vehicle or freight container equipped with heating or refrigeration equipment may be operated on board a vessel. However, the equipment may not be operated in any hold or compartment in which any flammable liquid or gas is stowed. Any heating or air conditioning equipment having a fuel tank containing a flammable liquid or gas may be stowed only “on deck”. Equipment electrically powered and designed to operate within an environment containing flammable vapors may be operated below deck in a hold or compartment containing a flammable liquid or gas.

(e) A transport vehicle, loaded with any hazardous material which is required to be stowed “on deck” by § 172.101 of this subchapter, may be stowed one deck below the weather deck when transported on a trainship or trailership which is unable to provide “on deck” stowage because of the vessel's design. Otherwise, the transport vehicle or container must be transported “on deck.”

(f) A hazardous material may be carried on board a vessel in a portable tank subject to the following conditions:

(1) Small passenger vessels of 100 gross tons, or less, may carry a hazardous material in a portable tank only when 16 or less passengers are on board and only when specifically authorized by the Officer-in-Charge, Marine Inspection, by endorsement of the vessel's Certificate of Inspection.

(2) Portable tanks containing flammable liquids or gases, combustible liquids with flashpoints below 60 °C (140 °F). that are insoluble in water, or organic peroxides, spontaneously combustible materials, or water reactive materials must be stowed on deck irrespective of the stowage authorized in § 172.101 of this subchapter. Portable tanks containing hazardous materials not restricted to on deck stowage by the previous sentence must be stowed in accordance with the requirements specified in § 172.101 of this subchapter.

(3) Aluminum, magnesium, and their alloys are specifically prohibited as materials of construction of portable tanks.

(g) Cryogenic liquids. For shipment of cryogenic liquids on board a vessel the packaging must be designed and filled so that:

(1) Any cryogenic liquid being transported in a cargo tank, regardless of the pressure in the package, must be contained in a steel jacketed Specification MC-338 (§ 178.338 of this subchapter) insulated cargo tank.

(2) Any valve or fitting with moving or abrading parts that may come in contact with any cryogenic liquid may not be made of aluminum.

(3) For a flammable cryogenic liquid being transported in a cargo tank, the elapsed time between the loading of the cargo tank and the subsequent unloading of the cargo tank at its final destination may not exceed the marked rated holding time (MRHT) of the cargo tank for the cryogenic liquid being transported, which must be displayed on or adjacent to the specification plate.

(4) Portable tanks, cargo tanks, and tank cars containing cryogenic liquids must be stowed “on deck” regardless of the stowage authorized in § 172.101 of this subchapter. Cargo tanks or tank cars containing cryogenic liquids may be stowed one deck below the weather deck when transported on a trailership or trainship that is unable to provide “on deck” stowage because of the vessel's design. Tank cars must be Class DOT-113 or AAR-204W tank cars.

(h) A fumigated cargo transport unit may only be transported on board a vessel subject to the following conditions and limitations:

(1) The fumigated cargo transport unit may be placed on board a vessel only if at least 24 hours have elapsed since the unit was last fumigated;

(2) The fumigated cargo transport unit is accompanied by a document showing the date of fumigation and the type and amount of fumigant used;

(3) Prior to loading, the master is informed of the intended placement of the fumigated cargo transport unit on board the vessel and the information provided on the accompanying document;

(4) Equipment that is capable of detecting the fumigant and instructions for the equipment's use is provided on the vessel;

(5) The fumigated cargo transport unit must be stowed at least 5 m from any opening to accommodation spaces;

(6) Fumigated cargo transport units may only be transported on deck on vessels carrying more than 25 passengers; and

(7) Fumigants may not be added to cargo transport units while on board a vessel.

(i) A cargo transport unit packed or loaded with flammable gas or flammable liquid having a flashpoint below + 23 °C transported on deck must be stowed “away from” possible sources of ignition. In the case of container ships, a distance equivalent to one container space athwartships away from possible sources of ignition applied in any direction will satisfy this requirement.

§ 176.77 Stowage of barges containing hazardous materials on board barge-carrying vessels.

(a) A barge which contains hazardous materials may be transported on board a barge-carrying vessel if it is stowed in accordance with the requirements of this section.

(b) A barge which contains hazardous materials for which only “on deck” stowage is authorized must be stowed above the weather deck and be vented to the atmosphere.

(c) A barge which contains hazardous materials for which both “on deck” and “below deck” stowage is authorized may be stowed above or below the weather deck.

§ 176.78 Use of power-operated industrial trucks on board vessels.

(a) Power Operated trucks. A power-operated truck (including a power-operated tractor, forklift, or other specialized truck used for cargo handling) may not be used on board a vessel in a space containing a hazardous material unless the truck conforms to the requirements of this section. The COTP may suspend or prohibit the use of cargo handling vehicles or equipment when that use constitutes a safety hazard.

(b) Each truck must have a specific designation of Underwriter's Laboratories or Factory Mutual Laboratories. Any repair or alteration to a truck must be equivalent to that required on the original designation.

(c) Description of designations. The recognized testing laboratory type designations are as follows:

(1) An “E” designated unit is an electrically-powered unit that has minimum acceptable safeguards against inherent fire hazards.

(2) An “EE” designated unit is an electrically-powered unit that has, in addition to all the requirements for the “E” unit, the electric motor and all other electrical equipment completely enclosed.

(3) An “EX” designated unit is an electrically-powered unit that differs from the “E” and “EE” unit in that the electrical fittings and equipment are so designed, constructed, and assembled that the unit may be used in certain atmospheres containing flammable vapors or dusts.

(4) A “G” designated unit is a gasoline-powered unit having minimum acceptable safeguards against inherent fire hazards.

(5) A “GS” designated unit is a gasoline-powered unit that is provided with additional safeguards to the exhaust, fuel, and electrical systems.

(6) An “LP” designated unit is similar to a “G” unit except that it is powered by liquefied petroleum gas instead of gasoline.

(7) An “LPS” designated unit is a unit similar to a “GS” unit except that liquefied petroleum gas is used for fuel instead of gasoline.

(8) A “D” designated unit is a unit similar to a “G” unit except that it is powered by a diesel engine instead of a gasoline engine.

(9) A “DS” designated unit is a unit powered by a diesel engine provided with additional safeguards to the exhaust, fuel, and electrical systems.

(d) Class 1 (explosive) materials. No power-operated truck may be used to handle Class 1 (explosive) materials or other cargo in an area near Class 1 (explosive) materials on board a vessel except:

(1) A power-operated truck designated EE or EX.

(2) A power-operated truck designated LPS, GS, D, or DS may be used under conditions acceptable to the COTP.

(e) Other hazardous materials. (1) Only an “EX”, “EE”, “GS”, “LPA”, or “DS” truck may be used in a hold or compartment containing Division 2.1 (flammable gas) materials, Class 3 (flammable liquids), Class 4 (flammable solids) materials, or Class 5 (oxidizers or organic peroxides) materials, cottons or other vegetable fibers, or bulk sulfur.

(2) Only a designated truck may be used to handle any other hazardous material not covered in paragraph (d) or (e)(1) of this section.

(f) Minimum safety features. In addition to the construction and design safety features required, each truck must have at least the following minimum safety features:

(1) The truck must be equipped with a warning horn, whistle, gong, or other device that may be heard clearly above normal shipboard noises.

(2) When the truck operation may expose the operator to danger from a falling object, the truck must be equipped with a driver's overhead guard. When the overall height of the truck with forks in the lowered position is limited by head room the overhead guard may be omitted. This overhead guard is only intended to offer protection from impact of small packages, boxes, bagged material, or similar hazards.

(3) A forklift truck used to handle small objects or unstable loads must be equipped with a load backrest extension having height, width, and strength sufficient to prevent any load, or part of it, from falling toward the mast when the mast is in a position of maximum backward tilt. The load backrest extension must be constructed in a manner that does not interfere with good visibility.

(4) The forks on a fork lift truck must be secured to the carriage so as to prevent any unintentional lifting of the toe which could create a hazard. The forks may not display permanent deformation when subjected to a test load of three times the rated capacity.

(5) Each fork extension or other attachment must be secured to prevent unintentional lifting or displacement on primary forks.

(6) Tires extending beyond the confines of the truck shall be provided with a guard to prevent the tires from throwing particles at the operator.

(7) Unless the steering mechanism is a type that prevents road reactions from causing the steering handwheel to spin, a mushroom type steering knob must be used to engage the palm of the operator's hand, or the steering mechanism must be arranged in some other manner to prevent injury. The knob must be mounted within the perimeter of the wheel.

(8) All steering controls must be confined within the clearnace of the truck or guarded so that moving of the controls will not result in injury to the operator when passing stanchions, obstructions or other.

(g) Special operating conditions. (1) A truck may not be used on board a vessel unless prior notification of its use is given to the master or senior deck officer on board.

(2) Before a truck is operated on board a vessel, it must be in a safe operating condition as determined by the master or senior deck officer on board.

(3) Any truck that emits sparks or flames from the exhaust system must immediately be removed from service and may not be returned to service until the cause of these sparks or flames has been eliminated.

(4)-(5) [Reserved]

(6) All truck motors must be shut off immediately when a breakage or leakage of packages containing flammable liquids or gases, flammable solids, oxidizers, or organic peroxides occurs or is discovered.

(7) The rated capacity of the truck must be posted on the truck at all times in a conspicuous place. This capacity may not be exceeded.

(8) At least one Coast Guard approved marine type size 1 Type B, or UL approved 5BC portable fire extinguisher, or its approved equivalent, must be affixed to the truck in a readily accessible position or must be kept in close proximity, available for immediate use.

(9) The vessel's fire fighting equipment, both fixed (where installed) and portable, must be kept ready for immediate use in the vicinity of the space being worked.

(h) Refueling. (1) A truck using gasoline as fuel may not be refueled in the hold or on the weather deck of a vessel unless a portable non-spilling fuel handling system of not over five gallons capacity is used. Gasoline may not be transferred to a portable non-spilling fuel handling device on board the vessel.

(2) A truck using liquefied petroleum gas as fuel may not be refueled in the hold or on the weather deck of a vessel unless it is fitted with a removable tank and the hand-operated shutoff valve of the depleted tank is closed. In addition, the motor must be run until it stalls from lack of fuel and then the hand-operated shut off valve closed before the quick disconnect fitting to the fuel tank is disconnected.

(3) A truck using diesel oil as fuel may not be refueled on the weather deck or in the hold of a vessel unless a portable container of not over a five gallon capacity is used. A truck may be refueled or a portable container may be refilled from a larger container of diesel fuel on the weather deck of a vessel if a suitable pump is used for the transfer operation and a drip pan of adequate size is used to prevent any dripping of fuel on the deck.

(4) Refueling must be performed under the direct supervision of an experienced and responsible person specifically designated for this duty by the person in charge of the loading or unloading of the vessel.

(5) Refueling may not be undertaken with less than two persons specifically assigned and present for the complete operation, at least one of whom must be experienced in using the portable fire extinguishers required in the fuel area.

(6) At least one Coast Guard approved marine type size 1 Type B or UL approved 5BC portable fire extinguisher or its approved equivalent, must be provided in the fueling area. This is in addition to the extinguisher required by paragraph (g)(8) of this section.

(7) The location for refueling trucks must be designated by the master or senior deck officer on board the vessel. “NO SMOKING” signs must be conspicuously posted in the area.

(8) The location designated for refueling must be adequately ventilated to insure against accumulation of any hazardous concentration of vapors.

(9) Before any truck in a hold is refueled or before any fuel handling device or unmounted liquefied petroleum gas cylinder is placed in a hold, the motors of all trucks in the same hold must be stopped.

(10) All fuel handling devices and unmounted liquefied petroleum gas containers must be removed from a hold before any truck motor is started and the trucks are placed in operation in that hold.

(i) Replacing batteries. Batteries for electrically powered trucks and for the ignition systems of internal combustion powered trucks may be changed in the hold of a vessel subject to the following conditions:

(1) Only suitable handling equipment may be employed.

(2) Adequate precautions must be taken to avoid damage to the battery, short circuiting of the battery, and spillage of the electrolyte.

(j) Charging of batteries. Batteries of industrial trucks may be recharged in a hold of a vessel subject to the following conditions:

(1) The batteries must be housed in a suitable, ventilated, portable metal container with a suitable outlet at the top for connection of a portable air hose, or must be placed directly beneath a suitable outlet at the top for connection of a portable air hose. The air hose must be permanently connected to an exhaust duct leading to the open deck and terminate in a gooseneck or other suitable weather head. If natural ventilation is not practicable or adequate, mechanical means of exhaust must be employed in conjunction with the duct. The air outlet on the battery container must be equipped with an interlock switch so arranged that the charging of the battery cannot take place unless the air hose is properly connected to the box.

(2) If mechanical ventilation is used, an additional interlock must be provided between the fan and the charging circuit so that the fan must be in operation in order to complete the charging circuit for operation. It is preferable that this interlock switch be of a centrifugal type driven by the fan shaft.

(3) The hold may not contain any hazardous materials.

(4) The charging facilities may be part of the truck equipment or may be separate from the truck and located inside or outside the cargo hold. The power supply or charging circuit (whichever method is used) must be connected to the truck by a portable plug connection of the break-away type. This portable plug must be so engaged with the truck battery charging outlet that any movement of the truck away from the charging station will break the connection between the plug and receptacle without exposing any live parts to contact with a conducting surface or object and without the plug falling to the deck where it may become subject to damage.

(5) All unmounted batteries must be suitably protected or removed from an area in the hold of the vessel before any truck is operated in that area.

(k) Stowage of power-operated industrial trucks on board a vessel. Trucks stowed on board a vessel must meet vessel stowage requirements in § 176.905.

(l) Packaging and stowage of fuel on board a vessel. Division 2.1 (flammable gas) materials and flammable liquids used as fuel for industrial trucks must be packaged and stowed as authorized in 46 CFR 147.60 or 46 CFR 147.45, respectively.

§ 176.80 Applicability.

(a) This subpart sets forth segregation requirements in addition to any segregation requirements set forth elsewhere in this subchapter.

(b) Hazardous materials in limited quantities when loaded in transport vehicles and freight containers, are excepted from the segregation requirements of this subpart and any additional segregation specified in this subchapter for transportation by vessel; except that articles of division 1.4, compatibility group S, shall not be stowed in the same compartment or hold, or cargo transport unit with hazardous materials of Class 1 of compatibility groups A and L.

§ 176.83 Segregation.

(a) General. (1) The requirements of this section apply to all cargo spaces on deck or under deck of all types of vessels, and to all cargo transport units.

(2) Segregation is obtained by maintaining certain distances between incompatible hazardous materials or by requiring the presence of one or more steel bulkheads or decks between them or a combination thereof. Intervening spaces between such hazardous materials may be filled with other cargo which is not incompatible with the hazardous materials.

(3) The general requirements for segregation between the various classes of dangerous goods are shown in the segregation table. In addition to these general requirements, there may be a need to segregate a particular material from other materials which would contribute to its hazard. Such segregation requirements are indicated by code numbers in Column 10B of the § 172.101 Table.

(4) Segregation is not required:

(i) Between hazardous materials of different classes which comprise the same substance but vary only in their water content (for example, sodium sulfide in Division 4.2 or Class 8) or quantity for Class 7 materials; or

(ii) Between hazardous materials of different classes which comprise a group of substances that do not react dangerously with each other. The following materials are grouped by compatibility:

(A) Hydrogen peroxide, aqueous solutions with not less than 8 percent but less than 20 percent hydrogen peroxide (stabilized as necessary); Hydrogen peroxide, aqueous solutions with not less than 20 percent but not more than 40 percent hydrogen peroxide; Hydrogen peroxide, aqueous solutions with more than 40 percent but not more than 60 percent hydrogen peroxide; Hydrogen peroxide and peroxyacetic acid mixtures, stabilized with acids, water and not more than 5 percent peroxyacetic acid; Organic peroxide type D, liquid; Organic peroxide type E, liquid; Organic peroxide type F, liquid;

(B) Dichlorosilane, Silicon tetrachloride, and Trichlorosilane; and

(C) Organometallic substance, solid, pyrophoric; Organometallic substance, liquid, pyrophoric; Organometallic substance, solid, pyrophoric, water-reactive; Organometallic substance, liquid, pyrophoric, water-reactive; Organometallic substance, solid, water-reactive; Organometallic substance, solid, water-reactive, flammable; Organometallic substance, solid, water-reactive, self-heating; Organometallic substance, liquid, water-reactive; Organometallic substance, liquid, water-reactive, flammable; and Organometallic substance, solid, self-heating.

(5) Whenever hazardous materials are stowed together, whether or not in a cargo transport unit, the segregation of such hazardous materials from others must always be in accordance with the most restrictive requirements for any of the hazardous materials concerned.

(6) When the § 172.101 Table or § 172.402 requires packages to bear a subsidiary hazard label or labels, the segregation appropriate to the subsidiary hazards must be applied when that segregation is more restrictive than that required by the primary hazard. For the purposes of this paragraph, the segregation requirements corresponding to an explosive subsidiary hazard are—except for organic peroxides which are those corresponding to Division 1.3—those for Division 1.4 (explosive) materials.

(7) Where, for the purposes of segregation, terms such as “away from” a particular hazard class are used in the § 172.101 Table, the segregation requirement applies to:

(i) All hazardous materials within the hazard class; and

(ii) All hazardous materials for which a secondary hazard label of that class is required.

(8) Notwithstanding the requirements of paragraphs (a)(6) and (a)(7) of this section, hazardous materials of the same class may be stowed together without regard to segregation required by secondary hazards (subsidiary risk label(s)), provided the substances do not react dangerously with each other and cause:

(i) Combustion and/or evolution of considerable heat;

(ii) Evolution of flammable, toxic or asphyxiant gases;

(iii) The formation of corrosive substances; or

(iv) The formation of unstable substances.

(9) Stowage in a shelter-'tween deck cargo space is not considered to be “on deck” stowage.

(10) Where the code in column (10B) of the § 172.101 Table specifies that “Segregation as for. . .” applies, the segregation requirements applicable to that class in the § 176.83(b) General Segregation Table must be applied. However, for the purposes of paragraph (a)(8) of this section, which permits substances of the same class to be stowed together provided they do not react dangerously with each other, the segregation requirements of the class as represented by the primary hazard class in the § 172.101 Table entry must be applied.

(11) Certain exceptions from segregation for waste cyanides or waste cyanide mixtures or solutions transported with acids; waste Division 4.2 materials transported with Class 8 liquids; and waste Division 6.1 Packing Group I, Hazard Zone A material transported with waste Class 3 material, Class 8 liquids, and Division 4.1, 4.2, 4.3, 5.1 or 5.2 material are set forth in § 173.12(e) of this subchapter.

(b) General Segregation Table. The following table sets forth the general requirements for segregation between the various classes (divisions) of hazardous materials. Certain divisions are listed as separate hazard classes for the purpose of this table ( e.g. , “2.1” and “2.2”). The properties of materials within each class may vary greatly and may require greater segregation than is reflected in this table. If the § 172.101 Table sets forth particular requirements for segregation, they take precedence over these general requirements.

Table 176.83( b )—General Segregation Requirements for Hazardous Materials

[Segregation must also take account of a single secondary hazard label, as required by paragraph (a)(6) of this section.]

Class

1.1, 1.2, 1.5

1.3

1.4, 1.6

2.1

2.2

2.3

3

4.1

4.2

4.3

5.1

5.2

6.1

6.2

7

8

9

Explosives, 1.1, 1.2, 1.5

(*)

(*)

(*)

4

2

2

4

4

4

4

4

4

2

4

2

4

X

Explosives, 1.3

(*)

(*)

(*)

4

2

2

4

3

3

4

4

4

2

4

2

2

X

Explosives, 1.4, 1.6

(*)

(*)

(*)

2

1

1

2

2

2

2

2

2

X

4

2

2

X

Flammable gases 2.1

4

4

2

X

X

X

2

1

2

2

2

2

X

4

2

1

X

Non-toxic, non-flammable gases 2.2

2

2

1

X

X

X

1

X

1

X

X

1

X

2

1

X

X

Poisonous gases 2.3

2

2

1

X

X

X

2

X

2

X

X

2

X

2

1

X

X

Flammable liquids 3

4

4

2

2

1

2

X

X

2

2

2

2

X

3

2

X

X

Flammable solids 4.1

4

3

2

1

X

X

X

X

1

X

1

2

X

3

2

1

X

Spontaneously combustible substances 4.2

4

3

2

2

1

2

2

1

X

1

2

2

1

3

2

1

X

Substances which are dangerous when wet 4.3

4

4

2

2

X

X

2

X

1

X

2

2

X

2

2

1

X

Oxidizing substances 5.1

4

4

2

2

X

X

2

1

2

2

X

2

1

3

1

2

X

Organic peroxides 5.2

4

4

2

2

1

2

2

2

2

2

2

X

1

3

2

2

X

Poisons 6.1

2

2

X

X

X

X

X

X

1

X

1

1

X

1

X

X

X

Infectious substances 6.2

4

4

4

4

2

2

3

3

3

2

3

3

1

X

3

3

X

Radioactive materials 7

2

2

2

2

1

1

2

2

2

2

1

2

X

3

X

2

X

Corrosives 8

4

2

2

1

X

X

X

1

1

1

2

2

X

3

2

X

X

Miscellaneous dangerous substances 9

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Numbers and symbols relate to the following terms as defined in this section:

1—“Away from.”

2—“Separated from.”

3—“Separated by a complete compartment or hold from.”

4—“Separated longitudinally by an intervening complete compartment or hold from.”

X—The segregation, if any, is shown in the § 172.101 table.

*—See § 176.144 of this part for segregation within Class 1.

(c) Segregation requirements for breakbulk cargo. (1) The requirements of this paragraph apply to the segregation of packages containing hazardous materials and stowed as breakbulk cargo;

(2) Definition of the segregation terms:

(i) Legend:

(A) Package containing incompatible goods.

(B) Reference package.

(C) Deck resistant to fire and liquid.

Note:

Full vertical lines represent transverse bulkheads between compartments or holds resistant to fire and liquid.

(ii) “Away from”: Effectively segregated so that the incompatible materials cannot interact dangerously in the event of an accident but may be carried in the same compartment or hold or on deck provided a minimum horizontal separation of 3 m (10 feet) projected vertically is obtained.

(iii) “Separated From”: In different compartments or holds when stowed under deck. If the intervening deck is resistant to fire and liquid, a vertical separation (i.e., in different compartments) is acceptable as equivalent to this segregation. For “on deck” stowage, this segregation means a separation by a distance of at least 6 m (20 feet) horizontally.

(iv) “ Separated by a complete compartment or hold from ”: Either a vertical or horizontal separation. If the intervening decks are not resistant to fire and liquid, then only a longitudinal separation (i.e., by an intervening complete compartment or hold) is acceptable. For “on deck” stowage, this segregation means a separation by a distance of at least 12 m (39 feet) horizontally. The same distance must be applied if one package is stowed “on deck”, and the other one in an upper compartment.

Note:

One of the two decks must be resistant to fire and liquid.

(v) “ Separated longitudinally by an intervening complete compartment or hold from ”: Vertical separation alone does not meet this requirement. Between a package “under deck” and one “on deck” a minimum distance of 24 m (79 feet) including a complete compartment must be maintained longitudinally. For “on deck” stowage, this segregation means a separation by a distance of at least 24 m (79 feet) longitudinally.

(d) Segregation in cargo transport units: Two hazardous materials for which any segregation is required may not be stowed in the same cargo transport unit.

(e) Segregation of hazardous materials stowed as breakbulk cargo from those packed in cargo transport units: (1) Hazardous materials stowed as breakbulk cargo must be segregated from materials packed in open cargo transport units in accordance with paragraph (c) of this section.

(2) Hazardous materials stowed as breakbulk cargo must be segregated from materials packed in closed cargo transport units in accordance with paragraph (c) of this section, except that:

(i) Where “away from” is required, no segregation between packages and the closed cargo transport units is required; and

(ii) Where “separated from” is required, the segregation between the packages and the closed cargo transport units may be the same as for “away from”.

(f) Segregation of cargo transport units on board container vessels: (1) Except for hatchless container ships, this paragraph applies to segregation of cargo transport units that are carried on board container vessels, or on other types of vessels, provided these cargo spaces are properly fitted for permanent stowage of containers during transport.

(2) For container vessels which have cargo spaces used for breakbulk cargo or any other method of stowage, the appropriate paragraph of this section applies to the relevant cargo space.

(3) Segregation Table. Table § 176.83(f) sets forth the general requirements for segregation between cargo transport units on board container vessels.

(4) In table § 176.83(f), a container space means a distance of not less than 6 m (20 feet) fore and aft or not less than 2.5 m (8 feet) athwartship.

Table 1 76.83(f) —Segregation of Containers on Board Container Ships

Segregation requirement

Vertical

Horizontal

Closed versus closed

Closed versus open

Open versus open

Closed versus closed

Closed versus open

Open versus open

On deck

Under deck

On deck

Under deck

On deck

Under deck

1. “Away from”

One on top of the other permitted

Open on top of closed permitted Otherwise as for open versus open

Not in the same vertical line unless segregated by a deck

Fore and aft Athwartships

No restriction No restriction

No restriction No restriction

No restriction No restriction

No restriction No restriction

One container space One container space

One container space or one bulkhead. One container space.

2. “Separated from”

Not in the same vertical line unless segregated by a deck

As for open versus open

Not in the same vertical line unless segregated by a deck

Fore and aft Athwartships

One container space One container space

One container space or one bulkhead One container space

One container space One container space

One container space or one bulkhead Two container spaces

One container space. Two container spaces.

One bulkhead. One bulkhead.

3. “Separated by a complete compartment or hold from”

Not in the same vertical line unless segregated by a deck

As for open versus open

Not in the same vertical line unless segregated by a deck

Fore and aft Athwartships

One container space Two container spaces

One bulkhead One bulkhead

One container space Two container spaces

One bulkhead One bulkhead

Two container spaces Three container spaces

Two bulkheads. Two bulkheads.

4. “Separated longitudinally by an intervening complete compartment or hold from”

Prohibited

Fore and aft Athwartships

Four container spaces Prohibited

One bulkhead and four container spaces* Prohibited

Four container spaces Prohibited

Two bulkheads Prohibited

Four container spaces Prohibited

Two bulkheads. Prohibited.

* Containers not less than 6 m (20 feet) from intervening bulkhead.

Note: All bulkheads and decks must be resistant to fire and liquid.

(g) Segregation of cargo transport units on board trailerships and trainships: (1) The requirements of this paragraph apply to the segregation of cargo transport units which are carried on board trailerships and trainships or in “roll-on/roll-off” cargo spaces.

(2) For trailerships and trainships which have spaces suitable for breakbulk cargo, containers, or any other method of stowage, the appropriate paragraph of this section applies to the relevant cargo space.

(3) Segregation Table. Table § 176.83(g) sets forth the general requirements for segregation between transport units on board trailerships and trainships.

Table 176.83(g) —Segregation of Cargo Transport Units on Board Trailerships and Trainships.

Segregation requirement

Closed versus closed

Closed versus open

Open versus open

On deck

Under deck

On deck

Under deck

On deck

Under deck

1. “Away From”

Fore and aft

No restriction

No restriction

No restriction

No restriction

At least 3 m

At least 3 m.

Athwartships

No restriction

No restriction

No restriction

No restriction

At least 3 m

At least 3 m.

2. “Separated from”

Fore and aft Athwartships

At least 6 m At least 3 m

At least 6 m or one bulkhead At least 3 m or one bulkhead

At least 6 m At least 3 m

At least 6 m or one bulkhead At least 6 m or one bulkhead

At least 6 m At least 6 m

At least 12 m or one bulkhead At least 12 m or one bulkhead

3. “Separated by a complete compartment or hold from”

Fore and aft Athwartships

At least 12 m At least 12 m

At least 24 m + deck At least 24 m + deck

At least 24 m At least 24 m

At least 24 m + deck At least 24 m + deck

At least 36 m At least 36 m

Two decks or two bulkheads. Prohibited.

4. “Separated longitudinally by an intervening complete compartment or hold from”

Fore and aft Athwartships

At least 36 m Prohibited

Two bulkheads or at least 36 m + two decks Prohibited

At least 36 m Prohibited

At least 48 m including two bulkheads Prohibited

At least 48 m Prohibited

Prohibited. Prohibited.

Note: All bulkheads and decks must be resistant to fire and liquid.

(h) Segregation on board barge carrying vessels: (1) The requirements of this section apply to the segregation in shipborne barges as well as to the segregation between shipborne barges carried on board vessels specially designed and equipped to carry such barges.

(2) On barge-carrying vessels which incorporate other stowage spaces or any other method of stowage, barges containing hazardous materials must be segregated from hazardous materials not stowed in barges as prescribed in paragraphs (b) and (j) of this section.

(i) Segregation in shipborne barges: Hazardous materials transported in shipborne barges must be segregated as prescribed in paragraphs (a), (b), and (c) of this section.

(j) Segregation between shipborne barges on barge-carrying vessels: (1) When a shipborne barge is loaded with two or more hazardous materials with different requirements for segregation, the most stringent applicable segregation requirement must be applied.

(2) “Away from” and “separated from” require no segregation between shipborne barges.

(3) For barge-carrying vessels with vertical holds, “Separated by a complete compartment or hold from” means that separate holds are required. On barge-carrying vessels having horizontal barge levels, separate barge levels are required and the barges may not be in the same vertical line.

(4) “Separated longitudinally by an intervening complete compartment or hold from” means, for barge-carrying vessels with vertical holds, that separation by an intervening hold or engine room is required. On barge-carrying vessels having horizontal barge levels, separate barge levels and a longitudinal separation by at least two intervening barge spaces are required.

(k) Segregation requirements for ferry vessels: A ferry vessel (when operating either as a passenger or cargo vessel) that cannot provide the separation required in this section may carry incompatible hazardous materials in separate transport vehicles if they are stowed to give the maximum possible separation.

(l) Segregation of containers on board hatchless (open-top) container ships: (1) This paragraph applies to the segregation of cargo transport units that are transported on board hatchless container ships provided that the cargo spaces are properly fitted to give permanent stowage of the cargo transport units during transport.

(2) For container ships that have both hatchless container spaces and other spaces suitable for breakbulk cargo, conventional container stowage, or any other method of stowage, the appropriate requirements of this section apply to the relevant cargo space.

(3) Segregation Table. Table § 176.83(l)(3) sets forth the general requirements for segregation of cargo transport units on board hatchless container ships.

(4) In Table § 176.83(l)(3), a container space means a distance of not less than 6 m (20 feet) fore and aft or not less than 2.5 m (8 feet) athwartship.

Table § 176.83(L)(3)—Segregation of Cargo Transport Units on Board Hatchless Container Ships

Segregation requirement

Vertical

Horizontal

Closed versus closed

Closed versus open

Open versus open

Closed versus closed

Closed versus open

Open versus open

On deck

Under deck

On deck

Under deck

On deck

Under deck

1. “Away from”

On top of the other permitted

Open on top of closed permitted

Fore and aft

No restriction

No restriction

No restriction

No restriction

One container space

One container space or one bulkhead.

Otherwise as for “Open versus open”

Athwart ships

No restriction

No restriction

No restriction

No restriction

One container space

One container space.

2. “Separated from”

Not in the same vertical line

Fore and aft

One container space

One container space or one bulkhead

One container space

One container space or one bulkhead

One container space and not in or above same hold

One bulkhead.

Not in the same vertical line

As for “Open versus open”

Athwart ships

One container space

One container space

Two container spaces

Two container spaces

Two container spaces and not in or above same hold

One bulkhead.

3. “Separated by a complete compartment or hold from”

Fore and aft

One container space and not in or above same hold

One bulkhead

One container space and not in or above same hold

One bulkhead

Two container spaces and not in or above same hold

Two bulkheads.

Athwart ships

Two container spaces and not in or above same hold

One bulkhead

Two container spaces and not in or above same hold

One bulkhead

Three container spaces and not in or above same hold

Two bulkheads.

4. “Separated longitudinally by an intervening complete compartment or hold from”

Prohibited

Prohibited

Fore and aft

Minimum horizontal distance of 24 m and not in or above same hold

One bulkhead and minimum horizontal distance of 24 m*

Minimum horizontal distance of 24 m and not in or above same hold

Two bulkheads

Minimum horizontal distance of 24 m and not in or above same hold

Two bulkheads.

Athwart ships

Prohibited

Prohibited

Prohibited

Prohibited

Prohibited

Prohibited.

* Containers not less than 6 m (20 feet) from intervening bulkhead.

Note: All bulkheads and decks must be resistant to fire and liquid.

(m) Provisions for segregation groups: (1) For the purpose of segregation, materials having certain similar chemical properties have been grouped together in segregation groups. The segregation groups (such as “acids”, “chlorates”, “permanganates”) and the entries allocated to each of these groups include the substances identified in section 3.1.4 of the IMDG Code (IBR, see § 171.7 of this subchapter). When column (10B) of the § 172.101 Table refers to a numbered stowage provision set forth in § 176.84(b) such as “Stow ‘away from’ acids”, that particular stowage/segregation requirement applies to all the materials allocated to the respective segregation group.

(2) Not all hazardous materials falling within a segregation group are listed by name in the regulations. These materials are shipped under “n.o.s.” entries. Although these “n.o.s.” entries are not listed themselves in the above groups, the person who offers a hazardous material for transportation must decide whether allocation under a segregation group is appropriate.

(3) The segregation groups described above do not address materials that fall outside the classification criteria of the hazardous materials regulations, although it is recognized that some non-hazardous materials have certain chemical properties similar to hazardous materials listed in the segregation groups. A person who offers a hazardous material for transportation or the person responsible for packing the materials into a cargo transport unit who does have knowledge of the chemical properties of such non-hazardous materials may identify a relevant segregation group and apply the segregation requirements for that segregation group.

§ 176.84 Other requirements for stowage, cargo handling, and segregation for cargo vessels and passenger vessels.

(a) General. When Column 10B of the § 172.101 Table refers to a numbered or alpha-numeric stowage provision for water shipments, the meaning and requirements of that provision are set forth in this section. Terms in quotation marks are defined in § 176.83. Other terms used in the table in this section such as “acids”, “chlorates” and “permanganates” indicate different chemical groups referred to here as segregation groups. Materials falling within a segregation group are considered to have certain similar chemical properties and, although not exhaustive in nature, the materials belonging to each group include those substances identified in section 3.1.4 of the IMDG Code (IBR, see § 171.7 of this subchapter) as set forth in § 176.83(m).

(b) Table of provisions:

Code

Provisions

1

[Reserved]

2

Temperature controlled material.

3

Do not stow with high explosives.

4

Shall not be stowed together with combustible material in the same cargo transport unit.

5

Stow “Separated from” powdered metals and their compounds.

6

Emergency temperature material.

7

[Reserved]

8

Glass carboys not permitted on passenger vessels.

9

Glass carboys not permitted under deck.

10

Glass bottles not permitted under deck.

11

Keep away from heat and open flame.

12

Keep as cool as reasonably practicable. 3

13

Keep as dry as reasonably practicable. 3

14

For metal drums, stowage permitted under deck on cargo vessels.

15

May be stowed in portable magazine or metal locker.

16

No other cargo may be stowed in the same hold with this material.

17

Segregation same as for flammable gases but “away from” dangerous when wet.

18

Prohibited on any vessel carrying explosives (except explosives in Division 1.4, Compatibility group S).

20

Segregation same as for corrosives.

21

Segregation same as for flammable liquids.

22

Segregation same as for flammable liquids if flash point is below 60 °C (140 °F).

23

Segregation same as for flammable liquids if flash point is between 23 °C (73 °F) and 60 °C (140 °F).

24

Segregation same as for flammable solids.

25

Protected from sources of heat

26

Stow “away from” acids. 2

27

Stow “away from” alkaline compounds. 2

28

Stow “away from” flammable liquids.

29

Stow “away from” ammonium compounds.

30

Stow “away from” animal or vegetable oils.

31

Stow “away from” combustible materials.

32

Stow “away from” copper, its alloys and its salts.

33

Stow “away from” fluorides.

34

Stow “away from” foodstuffs.

35

Stow “away from” all odor-absorbing cargo.

36

Stow “away from” heavy metals and their compounds.

37

Stow “away from” hydrazine.

38

Stow “away from” all other corrosives.

39

Stow “away from” liquid halogenated hydrocarbons.

40

Stow “clear of living quarters”.

41

Stow “away from” mercury and its compounds.

42

Stow “away from” nitric acids and perchloric acids not exceeding 50 percent acid by weight.

43

Stow “away from” organic materials.

44

Stow “away from” oxidizers.

45

Stow “away from” permanganates.

46

Stow “away from” powdered metals.

47

Stow “away from” sodium compounds.

49

Stow “away from” corrosives.

51

Stow “separated from” acetylene.

52

Stow “separated from” acids. 1 2

53

Stow “separated from” alkaline compounds. 2

54

Stow “separated from” animal or vegetable oils.

55

Stow “separated from” ammonia.

56

Stow “separated from” ammonium compounds.

57

Stow “separated from” chlorine.

58

Stow “separated from” cyanides.

59

Stow “separated from” combustible materials.

60

Stow “separated from” chlorates, chlorites, hypochlorites, nitrites, perchlorates, permanganates, and metallic powders.

61

Stow “separated from” corrosive materials.

62

Stow “separated from” diborane.

63

Stow “separated from” diethylene triamine.

64

Stow “separated from” explosives.

65

Stow “separated from” flammable substances.

66

Stow “separated from” flammable solids.

67

Stow “separated from” halides.

68

Stow “separated from” hydrogen.

69

Stow “separated from” hydrogen peroxide.

70

Stow “separated from” mercury salts.

71

Stow “separated from” nitric acid.

72

Stow “separated from” nitrogen compounds.

73

Stow “separated from” chlorates.

74

Stow “separated from” oxidizers.

75

Stow “separated from” permanganates.

76

Stow “separated by a complete compartment or hold from” organic peroxides.

77

Stow “separated longitudinally by a complete compartment or hold from” explosives.

78

Stow “separated longitudinally by an intervening complete compartment or hold from” explosives.

79

The maximum net quantity in one package for this material shipped aboard a passenger vessel is limited to 22.7 kg (50 pounds).

80

Toy torpedoes must not be packed with other special fireworks.

81

Under deck stowage permitted only if an indicating substance such as chloropicrin has been added.

82

Under deck stowage is permitted only if containing not more than 36 percent by weight of hydrazine.

83

[Reserved]

84

Under deck stowage must be in well-ventilated space.

85

Under deck stowage must be in mechanically ventilated space.

86

Stow “separated by a complete compartment or hold from” explosives Division 1.3.

87

Stow “separated from” Class 1 (explosives) except Division 1.4.

88

Stow “separated by a complete compartment or hold from” Class 1 (explosives) except Division 1.4.

89

Segregation same as for oxidizers.

90

Stow “separated from” radioactive materials.

91

Stow “separated from” flammable liquids.

92

Stow “separated from” powdered materials.

93

Stow not accessible to unauthorized persons on passenger vessels.

94

Plastic jerricans and plastic drums not permitted under deck.

95

Stow “separated from” foodstuffs.

96

Glass carboys not permitted under deck on passenger vessels.

97

Stow “away from” azides.

98

Stow “away from” all flammable materials.

99

Only new metal drums permitted on passenger vessels.

100

Stow “away from” flammable solids.

101

Stow “separated from” iron oxide.

102

Stow “separated from” all odor absorbing cargoes.

103

Only to be loaded under dry weather conditions.

104

Stow “separated from” bromine.

105

As approved by the Competent Authority of the country concerned.

106

Stow “separated from” powdered metal.

107

Stow “separated from” peroxides and superoxides.

108

The transport temperature should be indicated on the tank.

109

Label as a flammable liquid if flash point is 60 °C (140 °F) or below.

110

Packaging Group II if concentration does not exceed 70 percent acid.

111

If concentration exceeds 50 percent acid, notes 66, 74, 89, and 90 apply.

112

Packaging Group II for concentrations not less that 50 percent and Packaging Group III for concentrations less than 50 percent.

113

Packaging Group II if concentrations does not exceed 60 percent acid.

114

Corrosive subsidiary risk label required unless concentration is less than 80 percent.

115

If packaged in glass or earthenware inner packagings in wooden or fiberboard outer packagings, the maximum quantity on any vessel is 500 kg (equivalent to 450 L).

116

In a cargo space capable of being opened up in an emergency. The possible need to open hatches in case of fire to provide maximum ventilation and to apply water in an emergency and the consequent risk to the stability of the ship through flooding of the cargo space should be considered before loading.

117

In a clean cargo space capable of being opened up in an emergency. In the case of bagged fertilizer in freight containers, it is sufficient if in the case of an emergency, the cargo is accessible through free approaches (hatch entries) and mechanical ventilation enables the master to exhaust any gases or fumes resulting from decomposition. The possible need to open hatches in case of fire to provide maximum ventilation and to apply water in an emergency and the consequent risk to the stability of the ship through flooding of the cargo space should be considered before loading.

118

Stowage—Category D, Category E freight containers and pallet boxes only. Ventilation may be required. The possible need to open hatches in a case of fire to provide maximum ventilation and to supply water in an emergency, and the consequent risk to the stability of the ship through flooding of the cargo space, should be considered before loading.

119

Double strip stowage recommended.

120

Provide good surface and through ventilation.

121

Packaging group III when the flash point of the flammable liquid is 23 °C (73 °F) or above.

122

Stow “separated from” infectious substances.

123

Stow “away from” infectious substances.

124

Stow “separated from” bromates.

125

Segregation same as for flammable liquids, but also “away from” flammable solids.

126

Segregation same as for Class 9, miscellaneous hazardous materials.

127

For packages carrying a subsidiary risk of Class 1 (explosives), segregation same as for Class 1, Division 1.3.

128

Stow in accordance with the IMDG Code, Sub-section 7.6.2.7.2 (incorporated by reference; see § 171.7 of this subchapter).

129

Stowage Category A applies, except for uranyl nitrate hexahydrate solution for which Category D applies.

130

Stowage Category A applies, except for uranyl nitrate hexahydrate solution, uranium metal hexahydrate solution, uranium metal pyrophoric and thorium metal pyrophoric for which Category D applies.

131

Stowage Category A applies, except for uranyl nitrate hexahydrate solution, uranium metal pyrophoric and thorium metal pyrophoric for which Category D applies, and taking into account any supplementary requirements specified in the transport documents.

132

Stowage A applies, taking into account any supplementary requirements specified in the transport documents.

133

Stow “separated from” sulfur.

134

Stow “separated from” UN2716.

135

Stow “Separated from” mercury and mercury compounds.

136

Stow “Separated from” carbon tetrachloride.

137

For arsenic sulphides, Stow “separated from” acids.

138

Stow “Separated from” peroxides.

141

Stow “away from” radioactive materials.

142

Packages in cargo transport units must be stowed so as to allow for adequate air circulation throughout the cargo.

144

When stowed under deck, mechanical ventilation shall be in accordance with SOLAS, Chapter II-2/Regulation 19 (IBR, see § 171.7 of this subchapter) for flammable liquids with flashpoint below 23 °C (73 °F).

145

Stow “separated from” ammonium compounds except for UN1444.

146

Category B stowage applies for unit loads in open cargo transport units.

147

Stow “separated from” flammable gases and flammable liquids.

148

In addition: from flammable gases and flammable liquids when stowed on deck of a containership a minimum distance of two container spaces athwartship shall be maintained, when stowed on ro-ro ships a distance of 6 m athwartship shall be maintained.

149

For engines or machinery containing fuels with flash point equal or greater than 23 °C (73.4 °F), stowage Category A.

150

For uranium metal pyrophoric and thorium metal pyrophoric stowage, category D applies.

151

Segregation as for Class 7.

152

Segregation as for Class 8. However, in relation to Class 7, no segregation needs to be applied.

153

Stow “separated longitudinally by an intervening complete compartment or hold from” Divisions 1.1, 1.2, and 1.5.

154

Notwithstanding the stowage category indicated in column 10A of the § 172.101 Table, may be stowed in accordance with the provisions of packing instruction US 1 in § 173.62.

155

Avoid handling the package or keep handling to a minimum. Inform the appropriate public health authority or veterinary authority where persons or animals may have been exposed.

156

For lithium batteries transported in accordance with § 173.185(f) or for purposes of disposal or recycling, stowage category C applies.

157

For aerosols and gas receptacles transported for purposes of recycling or disposal, stowage category C applies, and stowage must be clear of living quarters.

M1—M6

[Reserved]

1 For waste cyanides or waste cyanide mixtures or solutions, refer to § 173.12(e) of this subchapter.

2 Class 8 materials in PG II or III that otherwise are required to be segregated from one another may be transported in the same cargo transport unit, whether in the same packaging or not, provided the substances do not react dangerously with each other to cause combustion and/or evolution of considerable heat, or of flammable, toxic or asphyxiant gases, or the formation of corrosive or unstable substances; and the package does not contain more than 30 L (7.8 gallons) for liquids or 30 kg (66 lbs.) for solids.

3 These requirements apply to the loading of hazardous materials in cargo transport units as well as the stowage of cargo transport units.

(c) Provisions for the stowage of Class 1 (explosive) materials: (1) Explosive substances and explosive articles must be stowed in accordance with Column (10A) and Column (10B) of the 172.101 Table of this subchapter.

(2) The following notes in column 10B of the § 172.101 Table apply to the transport of Class 1 (explosive) materials by vessel:

Notes

Provisions

5E

Stow “away from” lead and its compounds.

14E

On deck, cargo transport unit must be steel.

15E

On deck, cargo transport unit must be leakproof.

17E

On deck stowage is recommended.

19E

“Separated from” explosives containing chlorates or perchlorates.

21E

Cargo space ventilation must be carefully controlled to avoid excessive condensation.

22E

“Separated from” ammonium compounds and explosives containing ammonium compounds or salts.

23E

“Separated from” Division 1.4 and “separated longitudinally by an intervening complete compartment or hold from” Division 1.1, 1.2, 1.3, 1.5, and 1.6 except from explosives of compatibility group J.

26E

For closed cargo transport units, a non-metallic lining is required when not in effectively sealed, sift-proof packages.

27E

For closed cargo transport units, a non-metallic lining is required.

§ 176.88 Applicability.

The requirements in this subpart are applicable to transport vehicles containing hazardous materials being transported on board ferry vessels and are in addition to any prescribed elsewhere in this subchapter. Vessels in a service similar to a ferry service, but not over a designated ferry route, may be treated as a ferry vessel for the purpose of this subpart if approved in writing by the District Commander.

§ 176.89 Control of transport vehicles.

(a) A transport vehicle containing hazardous materials may be transported on board a ferry vessel, subject to the following conditions:

(1) The operator or person in charge of the vehicle shall deliver to the vessel's representative a copy of the shipping papers and certificate required by §§ 176.24 and 176.27;

(2) The vehicle shall be placed at the location indicated by the vessel's representative;

(3) The parking brakes of the vehicle shall be set securely to prevent motion;

(4) The motor of a highway vehicle shall be shut off and not restarted until the vessel has completed its voyage and docked;

(5) All vehicle lights shall be cut off and not relighted until the vessel has completed its voyage and docked;

(6) The operator of a highway vehicle shall remain with the vehicle;

(7) No repairs or adjustments must be made to the vehicle while it is on the vessel;

(8) No hazardous materials are to be released from the vehicle; and

(9) Any instructions given by the vessel's representative during the voyage, and during “roll on” and “roll off” operations must be observed.

(b) Smoking by any person in or around a vehicle is prohibited.

§ 176.90 Private automobiles.

(a) Class 1 (explosive) material. A private automobile which is carrying any Class 1 (explosive) material (except permitted fireworks or small arms ammunition) may not be transported on a passenger-carrying ferry vessel unless the Class 1 (explosive) material conforms to the packaging, labeling, marking, and certification requirements of this subchapter. Permitted fireworks and small arms ammunition may be carried without the required packaging, labeling, marking, or certification if they are in tight containers.

(b) Engines, gasoline, or liquefied petroleum gas. Engines, internal combustion, flammable gas powered or flammable liquid powered, including when fitted in machinery or vehicles ( i.e. motor vehicles, recreational vehicles, campers, trailers), vehicle flammable liquid or flammable gas powered, gasoline, and petroleum gases, liquefied or liquefied petroleum gas when included as part of a motor home, recreational vehicle, camper, or trailer; are excepted from the requirements of this subchapter if the following conditions are met:

(1) Any container showing deterioration which might affect its integrity must not be allowed on board the vessel. A visual inspection by a responsible member of the crew must be made of each cylinder of liquefied petroleum gas before it may be allowed aboard the vessel. A cylinder that has a crack or leak, is bulged, has a defective valve or a leaking or defective pressure relief device, or bears evidence of physical abuse, fire or heat damage, or detrimental rusting or corrosion, may not offered for transportation on board the vessel. Leaking or damaged containers of gasoline may not be offered for transportation on board the vessel.

(2) Motor vehicles may be stowed in the same hold or compartment or on the vehicle deck of passenger vessels with cylinders of liquefied petroleum gas when the cylinders are securely attached to recreational vehicles, such as campers or trailers.

(3) Extra containers of gasoline (including camp stove or lantern fuel) and portable cylinders of liquefied petroleum gas (including cylinders for camping equipment) not securely attached to recreational vehicles must be stowed in the vessel's paint locker. Containers must be securely closed.

(4) All liquefied petroleum gas cylinders must be secured by closing the shut-off valves prior to the recreational vehicles being loaded on the vessels. The owner or operator of each recreational vehicle must be directed to close all operating valves within the vehicles.

(5) “No smoking” signs must be posted on the vehicle decks and, if used for storage of hazardous materials; in close proximity to the vessel's paint locker.

(6) An hourly patrol of the vehicle decks must be made by a crewmember. Any unusual or dangerous situation must be reported to the vessel's master.

(7) Passengers may be allowed on the vehicle decks during the voyage and are subject to the control of the crew personnel conducting the continuous vehicle deck patrol.

(8) Each person responsible for performing a function authorized by this section must be trained in accordance with subpart H of part 172 of this subchapter and on the requirements of this section.

(9) Shipments made under this paragraph are subject to the Incident Reporting requirements prescribed in §§ 171.15 and 171.16 of this subchapter.

§ 176.91 Motorboats.

A motorboat may be transported on board a ferry vessel with gasoline in the tank and two other containers not exceeding 23 L (six gallons) capacity each if they are in the motorboat, closed, and in good condition.

§ 176.92 Cylinders laden in vehicles.

Any cylinder of Class 2 (compressed gas) material which is required to have a valve protection cap fitted in place may be transported on board a ferry vessel without having the valve protection cap in place when it is laden in a transport vehicle and is not removed from the vehicle while on the vessel.

§ 176.93 Vehicles having refrigerating or heating equipment.

(a) A transport vehicle fitted with refrigerating or heating equipment using a flammable liquid or Division 2.1 (flammable gas) material, or diesel oil as fuel, may be transported on a ferry vessel. However, the refrigerating or heating equipment may not be operated while the vehicle is on the vessel, unless the equipment complies with the following requirements:

(1) The installation is rigidly mounted and free of any motion other than normal vibration in operation;

(2) An easily accessible shutoff control is fitted to the fuel and electrical supply of the refrigerating or heating equipment; and

(3) The fuel storage tank, the fuel lines, the carburetor and any other fuel devices are tight and show no signs of leakage.

(b) If the vehicle operator desires to operate the refrigerating or heating equipment while on the vessel and the equipment is not fitted with automatic starting and stopping devices, it must be started before the vehicle is taken on board. It may continue in operation while the vehicle is on the vessel, but if the motor stops it may not be restarted.

(c) In the case of a ferry vessel on a voyage exceeding 30 minutes' duration, stowage must be provided for transport vehicles having refrigerating or heating equipment operated by internal combustion engines which will permit ready diffusion of exhaust gases to the open air. Passenger vehicles may not be stowed in a position adjacent to vehicles operating internal combustion motors which expose the occupants of the passenger vehicles to excessive concentrations of exhaust fumes from such motors.

(d) A transport vehicle containing solid carbon dioxide as a refrigerant may be transported on a ferry vessel only if it is stowed in a well ventilated location.

§ 176.95 Applicability.

The requirements prescribed in this subpart are applicable to the transportation of packaged hazardous materials on board barges. The requirements prescribed elsewhere in this subchapter for vessels similarly apply, except as provided in this subpart, to the transportation of packaged hazardous materials on board barges.

§ 176.96 Materials of construction.

Barges used to transport hazardous materials must be constructed of steel.

§ 176.97 Prohibition of dump scows.

Dump scows are barges having cargo carrying compartments of the hopper type and fitted with a bottom dump or a side dump. This type of barge is prohibited from the carriage of any class of hazardous material.

§ 176.98 Stowage of hazardous materials on board barges.

A material for which “on deck” stowage only is required by column (10) of the Hazardous Materials Table (§ 172.101 of this subchapter) may be stowed “under deck” on unmanned barges.

§ 176.99 Permit requirements for certain hazardous materials.

The permits required by §§ 176.100 and 176.415 for loading, unloading, and handling Divisions 1.1 and 1.2 (explosives) materials, Division 1.5 materials, ammonium nitrate and certain ammonium nitrate mixtures and fertilizers must be obtained before these materials may be loaded on, unloaded from, or handled on board a barge or barge-carrying vessel. However, a barge loaded with these materials being placed on, removed from, or handled on board a barge-carrying vessel is not subject to these permit requirements.

§ 176.100 Permit for Divisions 1.1 and 1.2 (explosive) materials.

Before Divisions 1.1 and 1.2 (explosive) materials may be discharged from, loaded on, handled or restowed on board a vessel at any place in the United States, the carrier must obtain a permit from the COTP in accordance with the procedures in 33 CFR 126.19. Exceptions to this permit requirement may be authorized by the COTP.

§ 176.102 Supervisory detail.

(a) Except as provided in paragraph (c) of this section, the COTP may assign a USCG supervisory detail to any vessel to supervise the loading, handling or unloading of Class 1 (explosive) materials.

(b) The owner, agent, charterer, master or person in charge of the vessel, and all persons engaged in the handling, loading, unloading, and stowage of Class 1 (explosive) materials shall obey all orders that are given by the officer in charge of the supervisory detail.

(c) If Class 1 (explosive) materials are loaded onto or unloaded from a vessel at a facility operated or controlled by the Department of Defense, the Commanding Officer of that facility may decline the USCG supervisory detail. Whenever the supervisory detail is declined, the Commanding Officer of the facility shall ensure compliance with the regulations in this part.