(c) Any collector of customs may, when possessing knowledge that a vessel is violating any provisions of the statute or regulations established thereunder, by written order served on the master, person in charge of such vessel, or the owner or charterer thereof, or the agent of the owner or charterer, detain such vessel until such time as the provisions of the statute and the regulations in this subchapter have been complied with. The master, person in charge or owner or charterer, or the agent of the owner or charterer of a vessel so detained may, within five days, appeal to the Secretary of Commerce who may, after investigation, affirm, set aside, or modify the order of the collector.

§ 146.02-7 Military or naval forces. The provisions of the regulations in this part shall not be construed to prevent the transportation of military or naval forces with their accompanying munitions of war and stores.

§ 146.02-8 U. S. War or Navy Department shipments. Shipments of explosives or other dangerous articles or substances by, for, or to the War or Navy Departments of the United States government shall be packed, including limitations of weight, in accordance with the Interstate Commerce Commission regulations for the transportation of explosives or other dangerous articles in effect at time of shipment, unless special packing is required by specific directions of the War or Navy Departments. Such shipments may be accepted for transportation under either method of packing.

§ 146.02-9 Canadian ship hipments. Shipments of explosives or other dangerous articles or substances, as defined herein, which are packed, marked and labeled in conformity with the regulations of the Board of Transport Commissioners for Canada, may be accepted and transported on board vessels within the navigable waters of the United States provided their acceptance and stowage on board the vessel is in accordance with the regulations in this part for the substances involved and provided further that the bill of lading or other shipping paper carries the certifying statement of the shipper that the goods are packed, marked and labeled in accordance with the regulations of the Board of Transport Commissioners for Canada.

§ 146.02-10 Export shipments. Shipments to a foreign country may be accepted for transportation when packed, marked, labeled and described in accordance with the regulations of the country of destination. The bill of lading or other shipping paper shall identify such shipments by the shipping name shown in the regulations in this part for the particular substance and also shall certify that the packing, marking and labeling is in accordance with the foreign regulations and identify by title or otherwise such foreign regulations. Markings on export packages may be in the language of the country of destination. Labels as prescribed in the regulations in this part shall be affixed or printed or stamped upon such export packages when offered for transportation in lots of one hundred (100) or less packages. Stowage on board a vessel shall be in accordance with the regulations in this part as applicable to the particular character of vessel.

§ 146.02-11 Import shipments. (a) Import shipments of explosives or other dangerous articles destined upon arrival at domestic ports for further transportation, in original containers, by common carrier by rail, or by common or contract carrier by motor vehicle, shall comply with the Interstate Commerce Commission regulations for the transportation of explosives and other dangerous articles in effect at the time of shipment. The importer shall furnish with the order to the foreign shipper, and also to the forwarding agent at the port of entry, full and complete information as to packing, marking, labeling and other requirements as prescribed by the Interstate Commerce Commission regulations. (See § 146.05

14)

(b) Import shipments of explosives and other dangerous articles, and combustible liquids accepted for transportation in a foreign port in outside metal or wooden barrels or drums not exceeding 110 gallons capacity, wooden boxes not exceeding 300 pounds weight of box and contents, or fiberboard boxes not exceeding 65 pounds weight of box and contents, which upon arrival at domestic ports are not destined for transportation in these original import containers by common carrier by rail or common or contract carrier by motor vehicle may be accepted on board vessels provided the shipper certified upon the bill of lading or other shipping paper that the container is in conformity with the regulations of the country of origin. If the country of origin has no regulations governing the transportation by vessel of the explosives and dangerous substances involved, the shipper shall certify that the container is so constructed as to maintain its complete integrity under all conditions likely to be encountered during transportation. The master of the vessel, before accepting such import shipments, shall satisfy himself that the containers are sufficiently strong to stand, without rupture or leakage of contents, all risks ordinarily incident to transportation.

(c) Stowage of import shipments on board vessels shall be in accordance with the provisions of the regulations in this part.

§ 146.02-12 Inspection of cargo. (a) On all vessels, other than barges and magazine vessels storing explosives, an inspection of cargoes of explosives or other dangerous articles or substances shall be ordered by the master of the vessel during a voyage to insure that such cargo is carried with safety and that no damage caused by shifting cargo, spontaneous heating, leaking or sifting of containers or from other causes has been sustained since loading and stowage. On such vessels that have dangerous cargo stowed on board for a period exceeding twenty-four (24) hours temperature readings shall be taken at proper intervals and such temperatures recorded and retained as a record for each voyage. When any cargo is discovered to be in a dangerous condition from leakage, sifting, heating, wetting or other causes, such condition shall be corrected in such manner as the judgment of the master may dictate. All unusual circumstances divulged during inspection of dangerous cargo and any action taken as a result thereof shall be a subject for log entry.

(b) On all barges an inspection of the cargo shall be made by the person responsible to the owner, charterer or agent who is in charge of loading and stowing the cargo on board the barge after the stowage has been completed to

insure that such stowage has been properly accomplished and that there are no visible signs of damage to any of the containers or apparent evidence of heating, leaking or sifting of containers or escape of any of the contents of the

containers.

(c) On all magazine vessels storing explosives an inspection of the cargo shall be made by the person in charge of the magazine vessel after the stowage has been completed to insure that such stowage has been properly accomplished and that there are no visible signs of damage to any of the containers or apparent evidence of heating, leaking or sifting of containers or escape of any of the contents of the containers.

(d) When inspecting cargoes of dangerous articles capable of evolving inflammable vapors as required in (a), (b) and (c) any artificial means of illumination shall be of a vapor proof type.

§ 146.02-13 Report fires. The Master of any ocean-going vessel having on board explosives or other dangerous articles or substances as cargo and about to enter a port of the United States shall make or cause to be made an inspection immediately prior to entering such port. If the inspection discloses the presence of fire or any other hazardous condition, such condition shall immediately be reported to the district commander of the United States Coast Guard having supervision over the port or place to which the vessel is bound and the master or person in charge of such vessel shall comply with the instructions given by the district commander as to the procedure to be followed in entering the port or place.

§ 146.02-14 Damaged containers. (a) Any outside container that is sufficiently damaged as to permit the escape of the contents therein, or shows marks of having leaked, or the securing means give evidence of failure to properly contain the package, shall not be accepted on board any vessel for transportation or stowage, nor shall such damaged containers be on board any vessel entering the navigable waters of the United States except in accordance with the provisions of § 146.02-15.

(b) Any damaged outside container, as described in (a) when restored or repaired to the satisfaction of the owner or master of the vessel may be accepted. Special attention shall be given to containers of substances that are required by the regulations to be shipped "wet" to be certain that any escaped liquid is replaced before the restored container is accepted.

(c) Damaged, leaking or insecure outside containers which it is not feasible to restore shall be refused and promptly reported by the owner or master of the vessel to the nearest Board of Local Inspectors. This provision shall be complied with by all vessels to which the regulations in this part apply when upon the navigable waters of the United States.

(d) Containers of a particular type that frequently show damage, leakage or other failure shall also be reported to the Board of Local Inspectors for the district in which the cargo was laden. Such information as will assist in correcting faults of such containers should be included in the report.

§ 146.02-15 Emergency shipments. (a) In event of a casualty occurring to or on board a vessel involving explosives or other dangerous articles or substances on board the vessel as cargo, the master or person in charge of the vessel is authorized to adopt such procedure as will, in his judgment, provide a maximum safety to the vessel, its passengers and crew. When such a casualty results in damaged containers or the emergency use of unauthorized containers, such containers upon arrival at a port shall not be offered to any forwarding carrier for transportation. The vessel, owner, agent, charterer, master or other person in charge of the vessel shall report immediately to the nearest Board of Local Inspectors and request instructions as to disposition of the damaged or unauthorized containers.

(b) Explosives or other dangerous articles or substances found on board a vessel in an unsafe condition may be disposed of by jettisoning or otherwise destroyed or rendered innocuous or may be continued in transportation to the nearest port whichever course may, in the judgment of the master or person in charge, provide maximum safety to the vessel, its passengers and crew. If such substance is brought into port, delivery

shall not be made to the consignee or any forwarding carrier and a report shall immediately be made to the nearest Board of Local Inspectors with a request for instructions as to disposition of the substance. A report shall likewise be made covering the disposition by jettisoning or otherwise of dangerous substances.

§ 146.02-16 Shipments in violation. (a) Shipments of explosives or other dangerous articles or substances found by a vessel's owner, agent, charterer, master, or person in charge to have been tendered or delivered for transportation on board a vessel under a false or deceptive descriptive name, marking, invoice, shipping paper or other declaration, or without the shipper furnishing information in writing of the true character thereof at or before the time of delivery, shall be refused transportation and the Board of Local Inspectors for the district in which such cargo was offered shall promptly be notified, in writing, of all the facts in connection with such violation.

(b) When any such shipments are found in transit the master of the vessel is authorized to adopt such procedure as will in his judgment provide maximum safety to the vessel, its passengers and crew. If brought into port, delivery shall not be made to the consignee or any forwarding carrier and a report shall immediately be made to the nearest Board of Local Inspectors with a request for instructions as to disposition of the shipment.

§ 146.02-17 Handling and stowage of cargo. Explosives or other dangerous articles or substances as cargo shall be handled or stowed on board vessels under the direction and observation of a qualified person assigned for such duty. For vessels engaged in voyages coastwise, or on rivers, bays, sounds or lakes, including the Great Lakes when the voyage is not foreign-going, such person may be an employee of the vessel owner or charterer and so assigned by said owner or charterer or he may be a licensed officer attached to the vessel and assigned by the master of the vessel. For domestic vessels engaged in voyages foreign-going or intercoastal such person shall be an officer possessing an unexpired license issued by the Bureau of Marine Inspection and Navigation and assigned to such duty by the owner, charterer, agent or master of the vessel. For foreign vessels such person shall be an officer of the vessel assigned to such duty by the master of the vessel.

$146.02-18 Shipments via common carrier vessels. (a) Regulations promulgated by the Interstate Commerce Commission under the title of "Regulations for the Transportation of Explosives and Other Dangerous Articles" in effect at the time of shipment with respect to definitions, descriptions, descriptive names and classifications of explosives, inflammable liquids, inflammable solids, oxidizing materials, corrosive liquids, compressed gases and poisonous articles; and with respect to specifications of containers for such articles and with respect to the packing, marking, labeling and certification of such articles are adopted and form part of the regulations in this part and shall be complied with by all persons packing and preparing, and all shippers offering such articles for transportation by vessels that are common carriers: Provided, however, That the acceptance on board vessels of containers laden with such articles or bulk shipments of such articles shall comply with the provisions of the regulations in this part. Import or export shipments of such articles shall comply with the provisions of §§ 146.02-10 and 146.02-11.

(b) Shipments of combustible liquids or hazardous articles, when prepared, packed and offered for transportation by vessels that are common carrier vessels shall, with respect to definitions, descriptions, descriptive names and classifications, and with respect to containers for such articles or substances; and with respect to the packing, marking and certification of such articles or substances conform to the applicable provisions of the regulations contained herein. Import or export shipments of such articles or substances shall comply with the provisions of §§ 146.02-10 and 146.02-11.

§ 146.02-19 Shipments via vessels other than common carriers. (a) Explosives or other dangerous articles or substances packed in barrels, drums, boxes, cylinders, carboys or bags and offered for transportation or storage on board vessels that are not common carrier vessels shall with respect to defini

tions, descriptions, descriptive names and classifications of explosives, inflammable liquids, oxidizing materials, corrosive liquids, compressed gases, and poisonous articles, and with respect to specifications of containers for such articles or substances, and with respect to the packing, marking, labeling and certification of such articles or substances conform to the requirements of the regulations in effect at the time of shipment as promulgated by the Interstate Commerce Commission under the title of "Regulations for the Transportation of Explosives and Other Dangerous Articles" except as may be otherwise required by the regulations herein. Import or export shipments of such articles or substances shall comply with the provisions of §§ 146.02-10 and 146.02-11.

(b) Shipments of combustible liquids or hazardous articles, prepared, packed, and offered for transportation by vessels other than common carrier vessels, shall, with respect to definitions, descriptions, descriptive names and classifications; and with respect to containers for such articles or substances; and with respect to the packing, marking and certification of such articles or substances conform to the applicable provisions of the regulations contained herein.

§ 146.02-20 Repairs. (a) A vessel having on board explosives or other dangerous articles of cargo shall not proceed to a ship repair plant or enter upon a drydock or marine railway, or otherwise undertake repairs except in compliance with the following conditions:

(1) No repairs, other than emergency repairs to the vessel's main propelling plant or auxiliaries thereto or the boilers or auxiliaries thereto, shall be undertaken while having on board any explosives as cargo.

(2) Repairs shall not be undertaken in holds after the discharge of any cargo of explosives until all precautions are taken to see that no residue of cargo is left to create a hazard.

(3) No repairs shall be undertaken in holds containing any other dangerous articles of cargo, nor shall any repairs be undertaken in compartments adjoining holds in which other dangerous articles of cargo are stowed except normal maintenance repairs to the vessel's main

propelling or boiler plant or auxiliaries thereto including tail shaft and propeller.

(4) Before undertaking repairs in holds that have lately contained substances capable of giving off inflammable or explosive vapor, it is required that such holds be gas free.

(5) Repairs shall not be undertaken in holds that have lately contained cargo consisting of inflammable solids or oxidizing materials until all precautions are taken to see that no residue of cargo is left to create a hazard.

(b) None of the foregoing provisions shall apply to permitted articles of ships' stores and supplies of a dangerous nature although provisions shall be taken to afford safe storage and protection to such stores from any risk incident to the repair work.

(c) Emergency repairs, contrary to the provisions set forth above, may be undertaken when in the judgment of the master such repairs are necessary for the safety of the vessel, its passengers and crew.

§ 146.02-21 Statements of characteristic properties. In the second column of the tables shown in §§ 146.20-100; 146.21100; 146.22-100; 146.23-100; 146.24-100; 146.25-100; 146.26-100; and 146.27-100 are statements in italics setting forth certain characteristic properties of the substances listed therein. It is not intended that these statements set forth all the characteristic properties of a particular substance and such statements as are shown are informative only.

$146.02-22 Preservation of records. (a) Where the regulations in this part require the preparation of shipping orders, manifests, or other shipping documents, cargo lists, cargo stowage plans, reports and any other papers or records, it shall be the duty of the owner of the vessel to preserve such records or copies thereof in his office or place of business in the United States for a period of at least one year. Persons or corporations chartering or engaging or contracting for the use of vessels under such terms and conditions that they have full and exclusive control of the management and operating of such vessels shall be subject to the same requirement for preservation of records as are imposed upon owners of ves

sels by this section and in such cases the owners shall not be required to preserve such records.

(b) Any records required to be so preserved shall be produced to the Secretary of Commerce upon his request therefor.

DEFINITIONS OF WORDS AND TERMS CONTAINED WITHIN THE REGULATIONS IN THIS SUBCHAPTER

§ 146.03-1 Board of Local Inspectors. The term "Board of Local Inspectors" means the two Local Inspectors duly designated by the Bureau of Marine Inspection and Navigation.

§146.03-2 Board of Supervising Inspectors. The term "Board of Supervising Inspectors" means the Board of Supervising Inspectors of the Bureau of Marine Inspection and Navigation, United States Department of Commerce.

§ 146.03-3 Bulk. The word "Bulk" means substances which are loaded and carried on board a vessel without benefit of containers or wrappers, and received and delivered by the vessel carrier without mark or count: Provided, however, That this definition does not apply to initiating or priming explosives.

§ 146.03-4 Bureau. The word "Bureau" means the Bureau of Marine Inspection and Navigation of the United States Department of Commerce.

§ 146.03-5 Cargo. For the purposes of the regulations in this part "Cargo" is defined as any explosive or other dangerous article or substance, and combustible liquids, as defined within the regulations in this part, laden on board a vessel, with or without being confined within a container, for the purpose of transporting or storing such goods in the vessel.

§146.03-6 CFC. The initials "CFC" refer to Consolidated Freight Classification.

§ 146.03-7 Character of vessel. The term "Character of Vessel" means the type of service in which the vessel is engaged at the time of carriage of the explosives or other dangerous articles or substances subject to the regulations in this part, i. e., a cargo vessel, a passenger vessel, a ferry vessel, a railroad car ferry or a barge.