(c) Table C-Class C: Relatively

safe explosives.

Hydrochloric acid in bulk.

146.23-100 Table F-Classification: Corro

AUTHORITY: §§ 146.01-1 to 146.27-100, inclusive, issued under R.S. 4472, as amended, 54 Stat. 1023; 46 U.S.C. 170. Additional statutory authority for the issuance of particular sections is noted in parentheses at the end of such sections.

SOURCE: §§ 146.01-1 to 146.27-100, inclusive, except for amendments noted in brackets following sections affected, contained in Order 74, Secretary of Commerce, Jan. 7, 1941; 6 F.R. 254, 303, 371, 424, 462, 490.

CROSS REFERENCE: For regulations of the Interstate Commerce Commission relating to the transportation of explosives and other dangerous articles, see 49 CFR Parts 72-85.

PREFACE

§ 146.01-1 Purpose of regulations. The purpose of the regulations in this subchapter is to promote safety in the handling, stowage, storage and transportation of explosives or other dangerous articles or substances, and combustible liquids, as defined herein, on board vessels on any navigable waters within the limits of the jurisdiction of the United States including its territories and possessions excepting only the Panama Canal Zone and the Philippine Islands, and to make more effective the provisions of the International Convention for Safety of Life at Sea, 1929, relative to the carriage of dangerous goods.

§ 146.01-2 Source of regulations. The Secretary of Commerce shall by regulation define, describe, name and classify all explosives or other dangerous articles or substances, and combustible liquids and shall establish such regulations as may be necessary to make effective the purpose intended.

§ 146.01-3 Plan of regulations. Regulations setting forth general requirements covering the transportation of explosives or other dangerous articles or substances, and combustible liquids will be found in §§ 146.01-1 to 146.10-50. Regulations setting forth detailed requirements applicable to individual substances will be found under their particular classification in §§ 146.20-1 to 146.27-100.

manufacture, or modernized commercial practices. Proposals for changes will be considered by the Secretary of Commerce on his own motion or upon a request submitted by any carrier interest, by industry, or other interested party.

§ 146.01-6 Provision for notice and public hearing. Additions, alterations, amendments or repeals of any of the regulations in this subchapter except in an emergency, shall be published and public hearings with respect thereto shall be held on such notice as the Secretary of Commerce deems advisable under the circumstances. Any additions, alterations, amendments or repeals shall, unless a shorter time is authorized by the Secretary of Commerce, take effect 90 days after their promulgation.

§ 146.01-7 Inflammable or combustible liquids in bulk. Nothing in the regulations in this part shall be construed as affecting the transportation of inflammable or combustible liquids in bulk, such transportation being governed by the regulations promulgated under the provisions of Section 4417a of the Revised Statutes, as amended (49 Stat. 1889, sec. 3, 54 Stat. 1028; 46 U.S.C. 391a).

§ 146.01-8 Effective date of regulations. The regulations in this subchapter shall become effective on and after April 9, 1941.

§ 146.01-9 Supersedes existing rulings. All rulings in existence on the effective date of the regulations in this part regarding transportation, packing, marking, labeling or storage, as cargo, of explosives or other dangerous articles or substances, and combustible liquids, on board vessels as promulgated by the office of the Director of the Bureau of Marine Inspection and Navigation are superseded by the regulations in this part; except nothing in this provision shall be construed as affecting the transportation of inflammable or combustible liquids in bulk under the provisions of section 4417a of the Revised Statutes, as amended (46 U.S.C. 391a).

§ 146.01-10 Supersedes existing regulations. General Rules and Regulations in existence on the effective date of the regulations in this part regarding the transportation, packing or stowage, as cargo, on board passenger vessels of hay, straw, baled cotton, baled hemp, or other inflammable material, and refined petroleum having a flashpoint of not less than 110° F., lubricating oils, kerosene or other illuminating oils as promulgated by the Board of Supervising Inspectors of the Bureau of Marine Inspection and Navigation are superseded by the regulations in this part.

§ 146.01-11 Other requirements under Title 52. Nothing contained in the regulations in this subchapter shall be construed as relieving any vessel subject to the provisions of the regulations in this part from any other of the requirements of Title 52 (Secs. 4399 to 4500, inclusive) of the Revised Statutes or acts amendatory or supplementary thereto and regulations thereunder applicable to such vessel, which are not inconsistent herewith.

§ 146.01-12 Local regulations. Nothing in the regulations in this subchapter shall be construed as preventing the enforcement of reasonable local regulations, now in effect or hereafter adopted, when such regulations are not inconsistent or in conflict with the provisions of the regulations in this part.

GENERAL REGULATIONS

§ 146.02-1 Scope of regulations. (a) The regulations in this part define explosives or other dangerous articles or substances, and combustible liquids for purposes of safety in transportation or storage on board vessels;

(b) Set forth the requirements that shall be observed in the preparation and packing of explosives or other dangerous articles or substances, and combustible liquids for shipment or storage on board vessels;

(c) Set forth the descriptive name, shipping name, requirements relative to certification, containers, marking, labeling, information required on bills of lading or other shipping papers, manifests or cargo stowage plans;

(d) Set forth the provisions under which permitted explosives or other dangerous articles or substances, and combustible liquids within the scope of the definitions given herein, may be accepted, handled, stored, stowed, or transported on board vessels, and with respect to rejection and report of faulty containers

and the disposition of any explosives or other dangerous articles or substances, and combustible liquids found to be in an unsafe condition when on board a vessel;

(e) Establish such other requirements as may be necessary to make effective the purposes of R.S. 4472, as amended.

§ 146.02-2 Application to vessels. The regulations in this subchapter apply to all vessels, domestic, or foreign, regardless of character, tonnage, size, service and whether self-propelled or not, whether arriving or departing, or under way, moored, anchored, aground, or while in drydock to the extent and in the manner indicated herein.

(a) The regulations in this part shall not apply to any public vessel which is not engaged in commercial service.

(b) The regulations in this part shall not apply to any vessel subject to the provisions of R.S. 4417a, as amended, which is constructed or converted for the principal purpose of carrying inflammable or combustible liquid cargo in bulk in its own tanks, except such vessel shall be subject to the provisions of R.S. 4472, as amended, with respect to explosives prohibited to be transported, stored, or stowed on board any vessel.

(c) Regulations with respect to explosives prohibited by subsection 3, of R.S. 4472, as amended, apply to all vessels.

(d) Regulations with respect to the transportation, storage, or stowage of high explosives on board passenger vessels apply to all vessels defined as "Passenger Vessels" in § 146.03-36.

(e) Regulations with respect to the transportation, storage or stowage of high explosives on board vessels, other than passenger-carrying vessels, apply to all vessels defined as "Barges" or "Cargo Vessels" in § 146.03-36.

(f) Regulations with respect to the transportation, storage or stowage of explosives (other than high explosives) or other dangerous articles or substances apply to all vessels, except vessels specifically exempted from such regulations by the provisions of R.S. 4472, as amended, or vessels that are, or may be, specifically exempted by the regulations in this part. Vessels specifically exempted by R.S. 4472, as amended, are:

(1) Vessels not exceeding fifteen (15) gross tons when not engaged in carrying passengers for hire;

ure;

(3) Vessels, not exceeding five hundred (500) gross tons while engaged in the fisheries;

(4) Tugs or towing vessels, except as to fire prevention and extinguishing requirements provided for by subsection 6 (b) (4) of R.S. 4472, as amended;

(5) Cable vessels, dredges, elevator vessels, fireboats, ice-breakers, pile drivers, pilot boats, welding vessels, salvage and wrecking vessels.

(g) Inflammable or combustible liquid cargo in bulk is also exempt from the regulations in this part: Provided, however, That the handling and stowage of such liquid cargo in bulk, on board vessels to which the regulations in this part may apply, shall be subject to the provisions of section 4417a of the Revised Statutes, as amended.

(h) Regulations with respect to the transportation, storage, or stowage of combustible liquids packed in barrels, drums, or other packages apply only to passenger vessels.

$146.02-3 Application to shippers. Regulations with respect to definitions. descriptive name, shipping name, packing, marking, authorized containers, labeling and certification of shipments of explosives or other dangerous articles or substances, and combustible liquids, apply to all shippers offering such articles or substances for transportation or storage on board vessels to which the regulations in this part apply.

§ 146.02-4 Application to others. The provisions of the regulations in this part, insofar as applicable to them respectively, are binding upon owners, charterers, agents, masters, or persons in charge of vessels subject to the regulations in this part and upon all other persons transporting, carrying, conveying, handling, storing or stowing on board such vessels any explosives or other dangerous articles or substances, and combustible liquids.

§ 146.02-5 Compliance. The applicable provisions of the regulations in this part shall be observed by: (a) All ves

(b) Railway or highway carriers and their operators, owners, agents or representatives when vehicles operated by such carriers and loaded with explosives or other dangerous articles or substances, and combustible liquids are offered for transportation or enter on board a vessel;

(c) All shippers, their agents or other persons offering explosives or other dangerous articles or substances, and combustible liquids for transportation on board vessels;

(d) All persons engaged in the acceptance, handling, stowage, storage or transportation of explosives or other dangerous articles or substances, and combustible liquids on board vessels;

(e) All shippers or carriers of explosives or other dangerous articles or substances, and combustible liquids shall instruct their employees relative to the provisions of the regulations in this part.

§ 146.02-6 Enforcement. (a) The provisions of R.S. 4472, as amended, and the regulations prescribed herein, shall be enforced primarily by the Bureau of Marine Inspection and Navigation of the Department of Commerce and the Coast Guard of the Department of the Treasury. Enforcement.officers may at any time and at any place within the jurisdiction of the United States board any vessel for the purpose of enforcing the provisions of the regulations in this subchapter.

(b) An officer of the Coast Guard designated by the Secretary of the Treasury as captain of the port, or to perform the duties of the captain of the port, is hereby empowered to enforce the regulations in this part. If the captain of the port, or the officer designated to perform the duties of the captain of the port, finds that any explosives or other dangerous articles or substances, and combustible liquids are being handled, stored, stowed, carried or transported in violation of the statute or of the regulations in this part such officer may stop such operation or require such corrective action as he may deem necessary to effect the purposes of the statute and compliance with the regulations.