Bulk Solid Hazardous Materials: Harmonization with the International Maritime Solid Bulk Cargoes (IMSBC) Code; Final Rule

Tuesday, October 19, 2010

Part IV

Department of Homeland Security Coast Guard

46 CFR Parts 97 and 148 Bulk Solid Hazardous Materials: Harmonization With the International Maritime Solid Bulk Cargoes (IMSBC) Code; Final Rule

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DEPARTMENT OF HOMELAND West Building Ground Floor, Room SOLAS International Convention for the SECURITY W12–140, 1200 New Jersey Avenue, SE., Safety of Life at Sea, 1974, as amended Washington, DC 20590, between 9 a.m. TLV Threshold Limit Value Coast Guard and 5 p.m., Monday through Friday, TML Transportable Moisture Limit UN United Nations except Federal holidays. You may also U.S.C. United States Code 46 CFR Parts 97 and 148 find this docket on the Internet by going [Docket No. USCG–2009–0091] to http://www.regulations.gov, inserting II. Regulatory History USCG–2009–0091 in the ‘‘Keyword’’ On June 17, 2010, we published a RIN 1625–AB47 box, and then clicking ‘‘Search.’’ notice of proposed rulemaking (NPRM) FOR FURTHER INFORMATION CONTACT: Bulk Solid Hazardous Materials: If entitled ‘‘Bulk Solid Hazardous Harmonization With the International you have questions on this rule, call or Materials: Harmonization with the Maritime Solid Bulk Cargoes (IMSBC) e-mail Richard Bornhorst, Office of International Maritime Solid Bulk Code Operating and Environmental Cargoes (IMSBC) Code; Notice of Standards, Hazardous Materials proposed rulemaking’’ in the Federal AGENCY: Coast Guard, DHS. Standards Division (CG–5223), Coast Register (75 FR 34574). We also ACTION: Final rule. Guard, telephone 202–372–1426, e-mail published a correction on June 18, 2010, [email protected]. If you addressing the environmental analysis SUMMARY: The Coast Guard is have questions on viewing or submitting checklist (75 FR 34682). We received harmonizing its regulations with material to the docket, call Renee V. one comment letter containing two amendments to Chapter VI and Chapter Wright, Program Manager, Docket comments regarding the NPRM. No VII of the International Maritime Operations, telephone 202–366–9826. public meeting was requested and none Organization (IMO) International SUPPLEMENTARY INFORMATION: was held. Convention for the Safety of Life at Sea, Table of Contents for Preamble This rulemaking is related to a 1974, as amended, (SOLAS) that make previous rulemaking (docket number: I. Abbreviations the International Maritime Solid Bulk CGD 87–069) that the Coast Guard Cargoes (IMSBC) Code mandatory. The II. Regulatory History III. Basis and Purpose closed in 1995. The 1989 advance amendments require that all vessels NPRM (54 FR 18308), 1994 NPRM (59 subject to SOLAS, and carrying bulk IV. Background V. Discussion of Comments and Changes FR 17418) and public comments solid cargoes other than grain, comply VI. Incorporation by Reference thereon, and the 1995 termination of the with the IMSBC Code. The Coast Guard VII. Regulatory Analyses rulemaking (60 FR 18793) are all is amending its regulations governing A. Regulatory Planning and Review discussed in detail in the June 17, 2010, the carriage of solid hazardous materials B. Small Entities NPRM that preceded this final rule (75 in bulk to allow use of the IMSBC Code C. Assistance for Small Entities FR 34574). as an equivalent form of compliance for D. Collection of Information all domestic and foreign vessels E. Federalism III. Basis and Purpose F. Unfunded Mandates Reform Act operating in U.S. navigable waters. The The Secretary of Homeland Security amended Coast Guard regulations also G. Taking of Private Property H. Civil Justice Reform delegated to the Coast Guard the expand the list of solid hazardous I. Protection of Children authority necessary to conduct this materials authorized for bulk J. Indian Tribal Governments rulemaking, including the authority to transportation by vessel and include K. Energy Effects carry out the functions and exercise the special handling procedures based on L. Technical Standards authorities in 46 U.S.C. 3306 and 5111, the IMSBC Code and existing special M. Environment and to carry out the functions of 46 permits. These changes reduce the need I. Abbreviations U.S.C. 3306(a)(5) and 49 U.S.C. 5101 et for the current special permits required seq. relating to the regulation of bulk for the carriage of certain solid ACGIH American Conference of transportation of hazardous materials hazardous materials in bulk. Governmental Industrial Hygienists BC Code Code of Safe Practice for Solid loaded or carried on board a vessel DATES: This final rule is effective Bulk Cargoes without benefit of containers or labels. January 1, 2011. The Coast Guard will BCSN Bulk Cargo Shipping Name Under these and other authorities, the not enforce collection of information CFR Code of Federal Regulations Coast Guard is promulgating these requirements contained in this rule DHS Department of Homeland Security regulations to allow the use of the until the information collection is DRI Direct Reduced Iron IMSBC Code as an equivalent form of approved by the Office of Management FR Federal Register compliance with 46 CFR part 148 for and Budget (OMB), and the Coast Guard IMO International Maritime Organization international shipments originating or will publish a document in the Federal IMSBC Code International Maritime Solid concluding in the United States, subject Bulk Cargoes Code Register announcing approval of the to conditions and limitations. information collection. The LFL Lower Flammability Limit LSA Low Specific Activity The Coast Guard initiated this incorporation by reference of certain MISLE Marine Information for Safety and rulemaking to address international publications listed in the rule is Law Enforcement requirements for the carriage of approved by the Director of the Federal MHB Materials Hazardous only in Bulk hazardous materials in international Register as of January 1, 2011. MSDS Material Safety Data Sheet maritime commerce, including ADDRESSES: Comments and material NEPA National Environmental Policy Act requirements coming into effect on received from the public, as well as of 1969 January 1, 2011, and to alleviate the documents mentioned in this preamble N.O.S. Not Otherwise Specified burden on the public and the Coast NPRM Notice of Proposed Rulemaking as being available in the docket, are part NTTAA National Technology Transfer and Guard caused by the need to obtain and of docket USCG–2009–0091 and are Advancement Act maintain special permits for the carriage available for inspection or copying at OMB Office of Management and Budget of 30 solid cargoes not previously the Docket Management Facility (M–30), PDM Potentially Dangerous Material included in Coast Guard regulations. In U.S. Department of Transportation, RQ Reportable Quantity order to address these concerns, this

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rule implements international provides standards for shippers, vessel internal reference to read § 148.60, requirements, such as requirements that operators, and masters to ensure the safe which is the section that discusses vessels carry oxygen analysis and gas handling and carriage of bulk solid information required to be provided to detection equipment, and allows the use cargoes. Implementation of the IMSBC the master. of the international standard—the Code will become mandatory on January In §§ 148.150(d) and 148.265(f), we IMSBC Code—as an equivalent form of 1, 2011, and several countries have corrected an error in converting Celsius compliance with domestic regulations. already adopted the Code, in whole or to Fahrenheit. When referring to a The rule also updates Coast Guard in part, as national regulation. Countries temperature 5 °C above ambient regulations to include cargoes that that are signatory to SOLAS will require temperature, the proposed rule previously had to be transported under compliance with the IMSBC Code for all erroneously gave the Fahrenheit special permit, thereby reducing the bulk solid shipments occurring in their conversion as ‘‘5 °C (41 °F).’’ Although burden on the public and on the Coast jurisdiction. a temperature of 5 °C is equivalent to a Guard. Several bulk solid cargoes covered by temperature of 41 °F, an incremental the IMSBC Code also are regulated by ° IV. Background change of 5 C is equivalent to a change the Coast Guard under 46 CFR part 148, of 9 °F. A temperature 5 °C above The Coast Guard regulations under either the list of permitted ambient temperature would be 9 °F governing the carriage of solid cargoes or the terms of a special permit. above ambient temperature, and we hazardous materials in bulk are found in have corrected the regulatory text to 46 CFR parts 97 and 148. Part 148 V. Discussion of Comments and ° ° Changes read ‘‘5 C (9 F).’’ prescribes regulations for the transport Finally, in § 148.240(m) we corrected of solid hazardous materials in bulk by The Coast Guard received only one two internal paragraph references. The vessel on U.S. navigable waters. Subpart public comment letter containing two proposed text described frequency of 148.01 includes, among other things, a comments regarding the June 17, 2010, monitoring required by paragraph (l) of list of permitted solid cargoes that may NPRM. That letter focused ‘‘specifically this section, which was incorrect be transported without special permit to proposed changes related to sulphur’’ because monitoring is required by from the Coast Guard; the list was last and indicated the commenter ‘‘fully paragraph (f). Similarly, the proposed revised in 1984 (49 FR 16794). Prior to supports the U.S. Coast Guard’s § 148.240(m)(3) referred to paragraphs this rulemaking, the list did not cover proposed changes’’ to Parts 97 and 148. (n)(1) and (n)(2), which was incorrect 30 solid cargoes that are now shipped in The commenter also indicated its because there was no proposed bulk by vessel and that require special ‘‘support of transportation regulations paragraph (n); the correct reference is to handling procedures to ensure safety in and reasonable requirements that are paragraphs (m)(1) and (m)(2). transportation. The Coast Guard based on technical and factual therefore has issued special permits information and improve public safety.’’ VI. Incorporation by Reference specifying conditions under which The Coast Guard appreciates the The Director of the Federal Register vessels may transport these additional commenter’s support. has approved the material in § 148.8 for bulk solid cargoes. Maintaining these After receiving these supportive incorporation by reference under 5 special permits placed a burden on the comments, and taking into account the U.S.C. 552 and 1 CFR part 51. Copies of Coast Guard and the regulated extensive discussion and public the material are available from the community. comment that preceded this rule, which sources listed in that section. In addition to the need to update the is described above and in the June 17, list of permitted cargoes, changes to 2010, NPRM, the Coast Guard adopts VII. Regulatory Analyses international requirements necessitated the proposed rule as final without We developed this rule after this rulemaking. The carriage of substantive change. For a complete considering numerous statutes and hazardous materials in international discussion of the rule, please see the executive orders related to rulemaking. maritime commerce is now governed by discussion included in the NPRM. We Below we summarize our analyses Chapter VII of SOLAS. In 1990 and have made nonsubstantive changes, based on 13 of these statutes or 1991, the IMO amended Chapter VI of however, to correct grammar, internal executive orders. SOLAS, which formerly applied only to paragraph references, and a temperature grain cargoes, to include all bulk solid conversion error, as discussed below. A. Regulatory Planning and Review cargoes. The amended Chapter VI of Specifically, we made minor Executive Order 12866, ‘‘Regulatory SOLAS requires that the master receive grammatical corrections in §§ 148.1(b), Planning and Review,’’ 58 FR 51735, written cargo information, that the 148.8, 148.115(a), and 148.155(b)(3), October 4, 1993, requires a vessel carry oxygen analysis and gas and minor punctuation changes in determination whether a regulatory detection equipment on board when the §§ 148.415, 148.420, and 148.445. We action is ‘‘significant’’ and therefore cargoes to be carried are likely to emit updated § 148.8 (‘‘Incorporation by subject to review by OMB and subject to toxic or flammable gases, and that the Reference’’) to standardize the format, the requirements of the Executive Order. master possess information regarding update addresses, and indicate the This rulemaking is not significant under the ship’s stability and the distribution specific paragraphs in which the Executive Order 12866 and has not been of cargo after loading. On January 1, incorporated standards are referenced, reviewed by OMB. 1994, these amendments became give the complete title of the IMO’s Public comments on the NPRM are binding for all nations signatory to publication of the IMSBC Code, and summarized in Part V of this preamble. SOLAS, including the United States. specifically note that the supplemental We received one letter containing two In December 2008, IMO further materials included in the IMO supportive public comments, and have amended SOLAS Chapter VI and publication are not incorporated by this made no changes that would alter our Chapter VII to require compliance with rule. assessment of impacts in the NPRM. We the relevant provisions of the IMSBC In § 148.26(b), the NPRM had referred have found no additional data or Code for the carriage of bulk solid the reader to information required in information that would change our cargoes other than grain. The IMSBC § 148.90, but § 148.90 does not require findings in the NPRM. We have adopted Code, formerly known as the BC Code, any information: we corrected that the analysis in the NPRM for this rule

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as final. A summary of the analysis could result in the loss of life, injuries, response to the IRFA, a summary of the follows: and property damage, among others. assessment of the agency of such issues, The Coast Guard is harmonizing its The rule will also improve the and a statement of any changes made in regulations with recent IMO efficiency of government by reducing the proposed rule as a result of such amendments to Chapter VI and Chapter the administrative costs associated with comments. VII of SOLAS that make the IMSBC special permits. Coast Guard response: Public Code mandatory for operations comments on the NPRM are B. Small Entities involving handling and carriage of solid summarized in Part V of the Final Rule. bulk cargoes by vessel. The amendments Under the Regulatory Flexibility Act We received one letter containing two require that all vessels subject to SOLAS (5 U.S.C. 601–612) (RFA), we have supportive public comments. We that carry bulk solid cargoes other than considered whether this rule has a received no public comments on the grain comply with the IMSBC Code. significant economic impact on a IRFA and have made no changes that This rule also amends the Coast Guard substantial number of small entities. would alter our assessment of impacts regulations governing the carriage of The term ‘‘small entities’’ comprises in the NPRM. We have found no solid hazardous materials in bulk to small businesses, not-for-profit additional data or information that allow the use of the IMSBC Code as an organizations that are independently would change our findings in the equivalent form of compliance. Changes owned and operated and are not NPRM. to the Coast Guard regulations also dominant in their fields, and (3) A description of and an estimate expand the list of solid hazardous governmental jurisdictions with of the number of small entities to which materials authorized for bulk populations of fewer than 50,000. the rule will apply or an explanation of transportation by vessel and include We prepared an Initial Regulatory why no such estimate is available. special handling procedures based on Flexibility Analysis (IRFA) for the Coast Guard response: Based on data the IMSBC Code and existing special NPRM that discussed the impacts on from the Coast Guard’s Marine permits. These changes will reduce the small entities (a combined ‘‘Regulatory Information for Safety and Law need for the current special permits Assessment and Initial Regulatory Enforcement (MISLE) database and required for the carriage of certain solid Flexibility Analysis’’ report is available public and proprietary data sources for hazardous materials in bulk and may in the docket where indicated under company revenue and employee size result in a cost savings for industry. ADDRESSES). We received no comments data, we determined that the rule will Based on information from the Coast on the IRFA. As previously discussed in affect 86 entities that own 115 vessels. Guard’s Marine Information for Safety Part V of this preamble, we received one We estimate these entities are owners and Law Enforcement (MISLE) data letter containing two supportive public and operators of bulk carriers of system, we estimate the rule will affect comments and have made no changes hazardous cargo. Based on available approximately 115 vessels, consisting of that would alter our assessment of data, we did not find evidence that 75 U.S. vessels in coastwise service and impacts in the NPRM. small not-for-profit organizations or 40 U.S. vessels operating under SOLAS Under section 604(a) of the RFA, the small government jurisdictions will be that ship hazardous solid cargoes in Coast Guard prepared this Final impacted by this rule. bulk. Regulatory Flexibility Analysis (FRFA). We found revenue and employment This rule will result in additional Section 604(a) of the RFA provides the information on 33 of the 86 entities. equipment, training, and operating costs content of the FRFA, which we discuss Among these, eight entities are to industry. We estimate that industry below— considered small businesses based on will incur initial (first year) costs and (1) A succinct statement of the need the Table of Small Business Size annual recurring costs as a result of this for, and objectives of, the rule. Standards established by the U.S. Small Coast Guard response: We initiated rule. We estimate these costs vary over Business Administration (SBA).1 As this rulemaking to address international time and by vessel operations (see the discussed in the IRFA, we assume requirements for the carriage of Regulatory Analysis and Initial vessels with no available information hazardous materials in international Regulatory Flexibility Analysis available are also likely to be small entities. maritime commerce, including in the docket for additional details). Therefore, we estimate about 70 percent requirements coming into effect on Over a 10-year period, we estimate of the entities affected by this rule are January 1, 2011, and to alleviate the total net present value costs of the rule small entities under SBA size standards. to be $57.2 million at a 7 percent burden on the public and the Coast (4) A description of the projected discount rate. We estimate the Guard caused by the need to maintain reporting, recordkeeping and other annualized costs to be $8.1 million at a special permits for the carriage of 30 compliance requirements of the rule, 7 percent discount rate. solid cargoes not previously included in including an estimate of the classes of The benefits of this rule include a Coast Guard regulations. In order to small entities which will be subject to reduction in the risks associated with address these concerns, this rule the requirement and the type of off-gassing and self-heating cargoes. implements international requirements, professional skills necessary for These standards are comprehensive such as requirements that vessels carry preparation of the report or record. safety requirements that align with oxygen analysis and gas detection Coast Guard response: Under the international convention (the IMSBC equipment, and allows the use of the provisions of the rule, vessels and barge Code, implemented by SOLAS), and are IMSBC Code as an equivalent form of companies will no longer submit special intended to increase information compliance with domestic regulations. permit renewal requests to the Coast dissemination regarding the safe The rule also updates Coast Guard Guard. Handling requirements related to handling of hazardous cargoes. regulations to include cargoes that previously permitted cargoes will be These safety standards extend to all previously had to be transported under part of 46 CFR part 148. Eliminating U.S.-flagged vessels carrying hazardous special permit, thereby reducing the these permits will reduce the burden by bulk solid cargoes. A lack of safe burden on the public and on the Coast handling of hazardous cargoes, such as Guard. 1 See http://www.sba.gov/idc/groups/public/ coal or wood, can cause combustion of (2) A summary of the significant documents/sba_homepage/serv_sstd_tablepdf.pdf cargoes and the release of gases that issues raised by the public comments in (Effective August 22, 2008).

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reducing the number of respondents, D. Collection of Information question. This information allows the responses, and burden hours associated This rule will revise an existing Coast Guard to set specific guidelines with permit requests. See the collection of information under the for safe carriage or, if determined that a ‘‘Collection of Information’’ section for Paperwork Reduction Act of 1995 (44 material presents too great a hazard, to additional detail on the type of U.S.C. 3501–3520). As defined in 5 CFR deny permission for shipping the information, respondents and burden 1320.3(c), ‘‘collection of information’’ material. associated with documentation comprises reporting, recordkeeping, Description of the Respondents: The provisions of this rule. monitoring, posting, labeling, and other respondents are owners and operators of (5) A description of the steps the similar actions. The title and bulk carrier vessels and barges carrying agency has taken to minimize the description of the information hazardous solid cargo. significant economic impact on small collection, a description of those who Number of Respondents: The existing entities consistent with the stated must collect the information, and an OMB-approved number of respondents objectives of applicable statutes, estimate of the change in annual burden for this collection, including permit including a statement of the factual, follow. The estimated change covers the requests, shipping papers, and cargo policy, and legal reasons for selecting time for preparing or renewing special manifest, is 583. We estimate the the alternative adopted in the final rule permit requests for hazardous solid bulk number of respondents will decrease by and why each one of the other cargoes. seven as the rule eliminates the need for significant alternatives to the rule Under the provisions of the rule, all but one special permit. The total considered by the agency which affect vessels and barge companies will no number of respondents will be 576. the impact on small entities was longer submit special permit renewal Number of Responses: The existing rejected. requests to the Coast Guard. Handling OMB-approved number of responses is 771. The rule will decrease that number Coast Guard response: We received requirements related to previously permitted cargoes will be part of 46 CFR by 10. The total number of responses only one public comment letter, will be 761 per year as a result of a containing two supportive comments on part 148. Eliminating these special permits will reduce the burden decrease in special permit requests. the proposed rule. We have not changed Frequency of Response: The rule will the original provisions or considered associated with 1625–0025 by reducing the number of respondents, responses, not alter the frequency of response for additional alternatives for this rule. We permits that remain active. Since this considered and evaluated four and burden hours associated with special permit requests. rule does not impact shipping papers or alternatives in the NPRM (see the cargo manifests, frequency of responses ‘‘ Title: Carriage of Bulk Solid Materials Regulatory Assessment and Initial for those items remain unchanged. Regulatory Flexibility Analysis’’ Requiring Special Handling. Burden of Response: The estimated available in the docket for more detail). OMB Control Number: 1625–0025. Summary of the Collection of burden for preparation of a permit C. Assistance for Small Entities Information: The U.S. Coast Guard request remains at 15 hours per permit. administers and enforces the law, Estimate of Total Annual Burden: Under section 213(a) of the Small regulations, and international This rule will eliminate the need for all Business Regulatory Enforcement conventions for the safe transportation but one of the special permits associated Fairness Act of 1996 (Pub. L. 104–121), and stowage of hazardous materials, with this collection of information. we want to assist small entities in including bulk solids. Consequently, the Therefore, the annual burden associated understanding this rule so that they can Coast Guard is authorized to issue with special permits will decline from better evaluate its effects on them and special permits for the handling of 165 hours to 15 hours. The total burden participate in the rule. If the rule affects hazardous solid bulk cargo as part of its for the collection of information, your small business, organization, or missions to ensure maritime safety and including cargo manifests and shipping governmental jurisdiction and you have facilitate U.S. commerce. In addition to papers, decreases from 895 hours to 745 questions concerning its provisions or special permits, this collection of hours per year. options for compliance, please contact information also authorizes the Reason for Change: The decrease in Richard Bornhorst at the telephone preparation and display of shipping burden is the result of a program change number or e-mail address indicated papers and cargo manifests. However, that eliminates the need for most of the under the FOR FURTHER INFORMATION the rule will change only the burden special permits in this collection of CONTACT section of this rule. The Coast estimates associated with special information. Guard will not retaliate against small permits. As required by the Paperwork entities that question or complain about Need for Information: The special Reduction Act of 1995 (44 U.S.C. this rule or any policy or action of the permits allow the Coast Guard to 3507(d)), we have submitted a copy of Coast Guard. regulate the conditions under which this rule to the OMB for its review of the Small businesses may send comments shipments of hazardous materials can be collection of information. on the actions of Federal employees made, while giving the shipping If you submit comments on the who enforce or otherwise determine industry a greater amount of flexibility collection of information, submit them compliance with Federal regulations to than would be afforded without the both to OMB and to the Docket the Small Business and Agriculture special permit provision. If the required Management Facility where indicated Regulatory Enforcement Ombudsman information were not submitted, the under ADDRESSES, by the date under and the Regional Small Business Coast Guard would be unable to issue DATES. Regulatory Fairness Boards. The special permits with adequate You need not respond to a collection Ombudsman evaluates these actions precautions for shipping the cargo, and of information unless it displays a annually and rates each agency’s thus could not permit shipment. currently valid control number from responsiveness to small business. If you Use of Information: The Coast Guard OMB. Before the requirements for this wish to comment on actions by uses this information to make a collection of information become employees of the Coast Guard, call determination as to the severity of the effective, we will publish a notice in the 1–888–REG–FAIR (1–888–734–3247). hazard posed by the material in Federal Register of OMB’s decision to

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approve, modify, or disapprove the we do discuss the effects of this rule standards would be inconsistent with collection. elsewhere in this preamble. applicable law or otherwise impractical. Voluntary consensus standards are E. Federalism G. Taking of Private Property technical standards (e.g., specifications A rule has implications for federalism This rule will not cause a taking of of materials, performance, design, or under Executive Order 13132, private property or otherwise have operation; test methods; sampling Federalism, if it has a substantial direct taking implications under Executive procedures; and related management effect on State or local governments and Order 12630, Governmental Actions and systems practices) that are developed or would either preempt State law or Interference with Constitutionally adopted by voluntary consensus impose a substantial direct cost of Protected Property Rights. standards bodies. compliance on them. H. Civil Justice Reform This rule incorporates by reference It is well settled that States may not the IMSBC Code, which was developed regulate in categories reserved for This rule meets applicable standards by the IMO as a voluntary consensus regulation by the Coast Guard. It is also in sections 3(a) and 3(b)(2) of Executive standard, and Recommendations on the well settled, now, that all of the Order 12988, Civil Justice Reform, to Transport of Dangerous Goods, Manual categories covered in 46 U.S.C. 3306, minimize litigation, eliminate of Tests and Criteria, developed by the 3703, 7101, and 8101 (design, ambiguity, and reduce burden. United Nations as a voluntary construction, alteration, repair, consensus standard. The sections that maintenance, operation, equipping, I. Protection of Children reference these voluntary consensus personnel qualification, and manning of We have analyzed this rule under standards, and the locations where the vessels), as well as the reporting of Executive Order 13045, Protection of standards are available, are listed in 46 casualties and any other category in Children from Environmental Health CFR 148.8. which Congress intended the Coast Risks and Safety Risks. This rule is not Guard to be the sole source of a vessel’s an economically significant rule and M. Environment obligations, are within the field does not create an environmental risk to We have analyzed this rule under foreclosed from regulation by the States. health or risk to safety that may Department of Homeland Security (See the decision of the Supreme Court disproportionately affect children. Management Directive 023–01 and in the consolidated cases of United J. Indian Tribal Governments Commandant Instruction M16475.lD, States v. Locke and Intertanko v. Locke, which guide the Coast Guard in 529 U.S. 89 (March 6, 2000).) This rule does not have tribal complying with the National This rule includes requirements implications under Executive Order Environmental Policy Act of 1969 under which certain solid materials 13175, Consultation and Coordination (NEPA) (42 U.S.C. 4321–4370f), and requiring special handling may be with Indian Tribal Governments, have concluded that this action is one transported in bulk by vessel. The because it does not have a substantial of a category of actions that do not revised regulations apply to all domestic direct effect on one or more Indian individually or cumulatively have a and foreign vessels in the navigable tribes, on the relationship between the significant effect on the human waters of the United States that Federal Government and Indian tribes, environment. This rule is categorically transport bulk solid materials requiring or on the distribution of power and excluded under section 2.B.2, figure 2– special handling. The authority to responsibilities between the Federal 1, paragraphs (34)(a) and (d) of the establish such regulations for vessels Government and Indian tribes. Instruction. This rule involves operating in the navigable waters of the K. Energy Effects regulations which are editorial or United States has been committed to the procedural and regulations concerning Coast Guard by Federal statutes. We have analyzed this rule under manning, documentation, Furthermore, because vessels tend to Executive Order 13211, Actions admeasurement, inspection and move from port to port in the national Concerning Regulations That equipping of vessels. An environmental and international marketplace, the Significantly Affect Energy Supply, analysis checklist and a categorical safety standards included in this rule Distribution, or Use. We have exclusion determination are available in are of national scope to avoid determined that it is not a ‘‘significant the docket where indicated under burdensome variances. Therefore the energy action’’ under that order because Coast Guard intends this rule to it is not a ‘‘significant regulatory action’’ ADDRESSES. preempt state action addressing the under Executive Order 12866 and is not List of Subjects same subject matter. likely to have a significant adverse effect Because the States may not regulate on the supply, distribution, or use of 46 CFR Part 97 within this category, preemption energy. The Administrator of the Office Cargo vessels, Marine safety, considerations set forth in Executive of Information and Regulatory Affairs Navigation (water), Reporting and Order 13132 are not applicable. has not designated it as a significant recordkeeping requirements. energy action. Therefore, it does not F. Unfunded Mandates Reform Act require a Statement of Energy Effects 46 CFR Part 148 The Unfunded Mandates Reform Act under Executive Order 13211. Cargo vessels, Hazardous materials of 1995 (2 U.S.C. 1531–1538) requires L. Technical Standards transportation, Marine safety, Federal agencies to assess the effects of Incorporation by reference. their discretionary regulatory actions. In The National Technology Transfer ■ For the reasons discussed in the particular, the Act addresses actions and Advancement Act (NTTAA) (15 preamble, the Coast Guard amends 46 that may result in the expenditure by a U.S.C. 272 note) directs agencies to use CFR parts 97 and 148 as follows: State, local, or tribal government, in the voluntary consensus standards in their aggregate, or by the private sector of regulatory activities unless the agency PART 97—OPERATIONS $100,000,000 (adjusted for inflation) or provides Congress, through the Office of more in any one year. Though this rule Management and Budget, with an ■ 1. The authority citation for Part 97 is will not result in such an expenditure, explanation of why using these revised to read as follows:

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Authority: 33 U.S.C. 1321(j); 46 U.S.C. ■ 4. Revise Part 148 to read as follows: 148.205 Ammonium nitrate and ammonium 2103, 3306, 5111, 6101; 49 U.S.C. 5103, 5106; nitrate fertilizers. E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., PART 148—CARRIAGE OF BULK 148.220 Ammonium nitrate-phosphate p. 277; E.O. 12777, 56 FR 54757; 3 CFR, 1991 SOLID MATERIALS THAT REQUIRE fertilizers. Comp., p. 351; Department of Homeland SPECIAL HANDLING 148.225 Calcined pyrites (pyritic ash, fly Security Delegation No. 0170.1. ash). Subpart A—General 148.227 Calcium nitrate fertilizers. ■ 2. Revise Subpart 97.12, consisting of Sec. 148.230 Calcium oxide (lime, unslaked). §§ 97.12–1 through 97.12–5, to read as 148.1 Purpose and applicability. 148.235 Castor beans. follows: 148.2 Responsibility and compliance. 148.240 Coal. 148.3 Definitions. 148.242 Copra. Subpart 97.12—Bulk Solid Cargoes 148.5 Alternative procedures. 148.245 Direct reduced iron (DRI); lumps, 148.7 OMB control numbers assigned under pellets, and cold-molded briquettes. Sec. the Paperwork Reduction Act. 148.250 Direct reduced iron (DRI); hot- 97.12–1 Definition of a bulk solid cargo. 148.8 Incorporation by reference. molded briquettes. 97.12–3 Guidance for the master. 148.9 Right of appeal. 148.255 Ferrosilicon, aluminum 97.12–5 Bulk solid cargoes that may 148.10 Permitted materials. ferrosilicon, and aluminum silicon liquefy. 148.11 Hazardous or potentially dangerous containing more than 30% but less than characteristics. 90% silicon. § 97.12–1 Definition of a bulk solid cargo. 148.12 Assignment and certification. 148.260 Ferrous metal. (a) A bulk solid cargo— 148.265 Fish meal or fish scrap. Subpart B—Special Permits (1) Consists of particles, granules, or 148.270 Hazardous substances. larger pieces of material generally 148.15 Petition for a special permit. 148.275 Iron oxide, spent; iron sponge, uniform in composition; 148.20 Deadlines for submission of petition spent. and related requests. (2) Is not grain; and 148.280 Magnesia, unslaked (lightburned 148.21 Necessary information. magnesia, calcined magnesite, caustic (3) Is loaded directly into a vessel’s 148.25 Activities covered by a special calcined magnesite). cargo space with no intermediate form permit. 148.285 Metal sulfide concentrates. of containment. 148.26 Standard conditions for special 148.290 Peat moss. (b) Additional requirements for bulk permits. 148.295 Petroleum coke, calcined or solid materials needing special handling 148.30 Records of special permits issued. uncalcined, at 55 °C (131 °F) or above. are contained in Part 148 of this chapter. Subpart C—Minimum Transportation 148.300 Radioactive materials. Requirements 148.310 Seed cake. § 97.12–3 Guidance for the master. 148.315 Sulfur. 148.50 Cargoes subject to this subpart. (a) The owner or operator of a vessel 148.320 Tankage; garbage tankage; rough 148.51 Temperature readings. ammonia tankage; or tankage fertilizer. must provide the master with safe 148.55 International shipments. loading and stowage information for 148.325 Wood chips; wood pellets; wood 148.60 Shipping papers. pulp pellets. 148.61 Emergency response information. each bulk solid cargo that vessel will 148.330 Zinc ashes; zinc dross; zinc 148.62 Location of shipping papers and carry. residues; zinc skimmings. (b) The shipper of a bulk solid cargo, emergency response information. as defined in § 148.3 of this chapter, 148.70 Dangerous cargo manifest; general. Subpart F—Additional Special 148.71 Information included in the Requirements must provide the master of a vessel with dangerous cargo manifest. 148.400 Applicability. information regarding the nature of the 148.72 Dangerous cargo manifest; 148.405 Sources of ignition. cargo in advance of loading operations. exceptions. 148.407 Smoking. Additional requirements in § 148.60 of 148.80 Supervision of cargo transfer. 148.410 Fire hoses. this chapter may also apply. 148.85 Required equipment for confined spaces. 148.415 Toxic gas analyzers. § 97.12–5 Bulk solid cargoes that may 148.86 Confined space entry. 148.420 Flammable gas analyzers. liquefy. 148.90 Preparations before loading. 148.435 Electrical circuits in cargo holds. 148.100 Log book entries. 148.445 Adjacent spaces. If the information provided in 148.450 Cargoes subject to liquefaction. § 97.12–3(a) or (b) indicates that the 148.110 Procedures followed after unloading. bulk solid cargo to be carried is prone Authority: 33 U.S.C. 1602; E.O. 12234, 45 148.115 Report of incidents. FR 58801, 3 CFR, 1980 Comp., p. 277; 46 to liquefy during carriage, due to small Subpart D—Stowage and Segregation U.S.C. 3306, 5111; 49 U.S.C. 5103; particle sizes and moisture content, then Department of Homeland Security Delegation the requirements contained in § 148.450 148.120 Stowage and segregation No. 0170.1. of this chapter apply. requirements. ■ 3. Revise § 97.55–1 to read as follows: 148.125 Stowage and segregation for Subpart A—General materials of Class 4.1. § 97.55–1 Master’s responsibility. 148.130 Stowage and segregation for § 148.1 Purpose and applicability. Before loading bulk grain or any bulk materials of Class 4.2. (a) This part prescribes special 148.135 Stowage and segregation for solid cargo to which § 148.435 of this materials of Class 4.3. handling procedures for certain solid chapter applies, the master shall have 148.140 Stowage and segregation for materials that present hazards when the lighting circuits to cargo materials of Class 5.1. transported in bulk by vessel. compartments in which the grain or 148.145 Stowage and segregation for (b) Except as noted in paragraph (c) of bulk solid cargo is to be loaded de- materials of Class 7. this section, this part applies to all energized at the distribution panel or 148.150 Stowage and segregation for domestic and foreign vessels in the panel board. He shall thereafter have materials of Class 9. navigable waters of the United States periodic inspections made of the panel 148.155 Stowage and segregation for that transport bulk solid materials potentially dangerous materials. or panel board as frequently as requiring special handling. necessary to ascertain that the affected Subpart E—Special Requirements for (c) This part does not apply to an circuits remain de-energized while this Certain Materials unmanned barge on a domestic voyage bulk cargo remains within the vessel. 148.200 Purpose. carrying a Potentially Dangerous

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Material (PDM) found in Table 148.10 of A–60 class division means a division Cold-molded briquettes are briquettes this part. All barges on international as defined in § 32.57–5 of this chapter. of direct reduced iron (DRI) that have voyages must follow the requirements Adjacent space means any enclosed been molded at a temperature of under for PDM. space on a vessel, such as a cargo hold, 650 ° C (1,202 °F) or that have a density 3 (d) The regulations in this part have cargo compartment, accommodation of under 5.0 g/cm . preemptive impact over State law on the space, working space, storeroom, Commandant (CG–5223) means the same subject. The Coast Guard has passageway, or tunnel, that shares a Chief, Hazardous Materials Standards common bulkhead or deck with a hatch, determined, after considering the factors Division of the Office of Operating and door, scuttle, cable fitting or other developed by the Supreme Court in U.S. Environmental Standards, United States penetration, with a cargo hold or v. Locke, 529 U.S. 89 (2000), that in Coast Guard, 2100 2nd St., SW., Stop compartment containing a material directing the Secretary to regulate the 7126, Washington, DC 20593–7126. CG– listed in Table 148.10 of this part. safe transportation of hazardous 5223 can be contacted at 202–372–1420 Away from means a horizontal or [email protected]. material and the safety of individuals separation of at least 3 meters (10 feet) and property on board vessels subject to Compartment means any space on a projected vertically is maintained vessel that is enclosed by the vessel’s inspection, as well as the provision of between incompatible materials carried loading information, Congress intended decks and its sides or permanent steel in the same hold or on deck. bulkheads. to preempt the field of safety standards Bulk applies to any solid material, for solid materials requiring special Competent authority means a national consisting of a combination of particles, agency responsible under its national handling when transported in bulk on granules, or any larger pieces of material vessels. law for the control or regulation of a generally uniform in composition, that particular aspect of the transportation of § 148.2 Responsibility and compliance. is loaded directly into the cargo spaces hazardous materials. of a vessel without any intermediate Each master of a vessel, person in Confined space means a cargo hold form of containment. containing a material listed in Table charge of a barge, owner, operator, Bulk Cargo Shipping Name or BCSN 148.10 of this part or an adjacent space shipper, charterer, or agent must ensure identifies a bulk solid material during not designed for human occupancy. compliance with this part. These transport by sea. When a cargo is listed Domestic voyage means transportation persons are also responsible for in this Part, the BCSN of the cargo is between places within the United States communicating requirements to every identified by Roman type and is listed other than through a foreign country. person performing any function covered in Column 1 of Table 148.10 of this part. Hazard class means the category of by this part. When the cargo is a hazardous material, hazard assigned to a material under this as defined in 49 CFR part 173, the § 148.3 Definitions. part and 49 CFR parts 171 through 173. proper shipping name of that material is As used in this part— the BCSN. Hazard Class Definitions

HAZARD CLASSES USED IN THIS PART ARE DEFINED IN THE FOLLOWING SECTIONS OF TITLE 49

Reference Class No. Division No. (if any) Description (49 CFR)

1 ...... 1.1, 1.2, 1.3, 1.4, 1.5, 1.6 ...... Explosives ...... § 173.50 2 ...... 2.1, 2.2, 2.3 ...... Flammable Gas, Non-Flammable Compressed Gas, Poisonous Gas ...... § 173.115 3 ...... Flammable and Combustible Liquid ...... § 173.120 4 ...... 4.1, 4.2, 4.3 ...... Flammable Solid, Spontaneously Combustible Material, Dangerous When Wet § 173.124 Material. 5 ...... 5.1 ...... Oxidizer ...... § 173.127 5 ...... 5.2 ...... Organic Peroxide ...... § 173.128 6 ...... 6.1 ...... Poisonous Materials ...... § 173.132 6 ...... 6.2 ...... Infectious Substance ...... § 173.134 7 ...... Radioactive Material ...... § 173.403 8 ...... Corrosive Material ...... § 173.136 9 ...... Miscellaneous Hazardous Material ...... § 173.140

Hazardous substance is a hazardous Incompatible materials means two flame. The LFL is usually expressed as substance as defined in 49 CFR 171.8. materials whose stowage together may a percent by volume of a material or gas Hold means a compartment below result in undue hazards in the case of in air. deck that is used exclusively for the leakage, spillage, or other accident. Master means the officer having stowage of cargo. International voyage means voyages— command of a vessel. The functions (1) Between any place in the United Hot-molded briquettes are briquettes assigned to the master in this part may States and any place in a foreign also be performed by a representative of of DRI that have been molded at a country; temperature of 650 °C (1,202 °F) or the master or by a person in charge of (2) Between places in the United a barge. higher, and that have a density of 5.0 States through a foreign country; or 3 3 g/cm (312 lb/ft ) or greater. (3) Between places in one or more Material safety data sheet or MSDS is IMSBC Code means the English foreign countries through the United as defined in 29 CFR 1910.1200. version of the ‘‘International Maritime States. Person in charge of a barge means an Solid Bulk Cargoes Code’’ published by Lower flammability limit or LFL individual designated by the owner or the International Maritime Organization means the lowest concentration of a operator of a barge to have charge of the (incorporated by reference, see § 148.8). material or gas that will propagate a barge.

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Potentially Dangerous Material or transportation, such as loading, off- change in the Federal Register and the PDM means a material that does not fall loading, handling, stowing, carrying, material must be available to the public. into a particular hazard class but can and conveying. All approved material is available for present a danger when carried in bulk Trimming means any leveling of a inspection at the National Archives and aboard a vessel. The dangers often result cargo within a cargo hold or Records Administration (NARA). For from the material’s tendency to self-heat compartment, either partial or total. information on the availability of this or cause oxygen depletion. Materials Tripartite agreement means an material at NARA, call 202–741–6030 or that present a potential danger due agreement between the national go to http://www.archives.gov/federal_ solely to their tendency to shift in the administrations of the port of loading, register/code_of_federal_regulations/ cargo hold are not PDMs. For the port of discharge, and the flag state ibr_locations.html. Also, it is available international shipments prepared in of the vessel, on the conditions of for inspection at the U.S. Coast Guard accordance with the IMSBC Code carriage of a cargo. Hazardous Materials Standards Division (incorporated by reference, see § 148.8), Ventilation means exchange of air (CG–5223), 2100 2nd St., SW., Stop equivalent terminology to PDM is from outside to inside a cargo space and 7126, Washington, DC 20593–7126, and Material Hazardous only in Bulk (MHB). includes the following types: is available from the sources listed Readily combustible material means a (1) Continuous ventilation means below. material that may not be a hazardous ventilation that is operating at all times. (b) International Maritime material but that can easily ignite and Continuous ventilation may be either Organization (IMO), 4 Albert support combustion. Examples are natural or mechanical; Embankment, London SE1 7SR, United wood, straw, vegetable fibers, and (2) Mechanical ventilation means Kingdom, +44 (0)20 7735 7611, http:// products made from these materials, power-generated ventilation; www.imo.org. and coal lubricants and oils. The term (3) Natural ventilation means (1) International Maritime Solid Bulk does not include packaging material or ventilation that is not power-generated; Cargoes Code and Supplement, 2009 dunnage. and edition (‘‘IMSBC Code’’), incorporation Reportable quantity or RQ means the (4) Surface ventilation means by reference, excluding supplemental quantity of a hazardous substance ventilation of the space above the cargo. materials, approved for §§ 148.3; spilled or released that requires a report Surface ventilation may be either 148.5(a); 148.15(d); 148.55(b); to the National Response Center. The natural or mechanical. 148.205(b); 148.220(b) and (c); specific RQs for each hazardous Vessel means a cargo ship or barge. 148.240(h); 148.450(a), (d), and (g). substance are available in 49 CFR (2) [Reserved] 172.101, Appendix A. § 148.5 Alternative procedures. (c) United Nations Publications, 2 Responsible person means a (a) The Commandant (CG–5223) may United Nations Plaza, Room DC2–853, knowledgeable person who the master authorize the use of an alternative Dept. C089, New York, NY 10017, (800) of a vessel or owner or operator of a procedure, including exemptions to the 253–9646, http://unp.un.org. barge makes responsible for all IMSBC Code (incorporated by reference, (1) Recommendations on the decisions relating to his or her specific see § 148.8), in place of any requirement Transport of Dangerous Goods, Manual task. of this part if it is demonstrated to the of Tests and Criteria, Fifth revised Seed cake means the residue satisfaction of the Coast Guard that the edition (2009) (‘‘UN Manual of Tests and remaining after vegetable oil has been requirement is impracticable or Criteria’’), incorporation by reference extracted by a solvent or mechanical unnecessary and that an equivalent approved for §§ 148.205(b); 148.220(b) process from oil-bearing seeds, such as level of safety can be maintained. and (c). coconuts, cotton seed, peanuts, and (b) Each request for authorization of (2) [Reserved] linseed. an alternative procedure must— Shipper means any person by whom, (1) Be in writing; § 148.9 Right of appeal. or in whose name, or on whose behalf, (2) Name the requirement for which Any person directly affected by a contract of carriage of goods by sea has the alternative is requested; and enforcement of this part by or on behalf been concluded with a carrier; or any (3) Contain a detailed explanation of the Coast Guard may appeal the person by whom or in whose name, or of— decision or action under Subpart 1.03 of on whose behalf, the goods are actually (i) Why the requirement is impractical this chapter. delivered to the carrier in relation to the or unnecessary; and § 148.10 Permitted materials. contract of carriage by sea. (ii) How an equivalent level of safety (a) A material listed in Table 148.10 Shipping paper means a shipping will be maintained. order, bill of lading, manifest, or other of this section may be transported as a shipping document serving a similar § 148.7 OMB control numbers assigned bulk solid cargo on a vessel if it is purpose. under the Paperwork Reduction Act. carried according to this part. A material Stowage factor means the volume in The information collection that is not listed in Table 148.10 of this cubic meters of 1,000 kilograms (0.984 requirements in this part are approved section, but which is hazardous or a long tons) of a bulk solid material. by the Office of Management and Potentially Dangerous Material (PDM), Threshold limit value or TLV means Budget, and assigned OMB control requires a Special Permit under § 148.15 the time-weighted average concentration number 1625–0025. of this part to be transported on the of a material that the average worker can navigable waters of the United States. be exposed to over a normal eight-hour § 148.8 Incorporation by reference. (b) For each listed material, Table working day, day after day, without (a) Certain material is incorporated by 148.10 identifies the hazard class and adverse effect. This is a trademark term reference into this part with the gives the BCSN or directs the user to the of the American Conference of approval of the Director of the Federal preferred BCSN. In addition, the table Governmental Industrial Hygienists Register under 5 U.S.C. 552(a) and lists specific hazardous or potentially (ACGIH). 1 CFR part 51. To enforce any edition dangerous characteristics associated Transported includes the various other than that specified in this section, with each material and specifies or operations associated with cargo the Coast Guard must publish notice of references detailed special requirements

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in this part pertaining to the stowage or domestic voyages. Those preceded by (6) Column 6: Other Characteristics. transport of specific bulk solid the letters ‘‘NA’’ are associated with Column 6 contains other pertinent materials. The column descriptions for BCSNs not recognized for international characteristics applicable to specific Table 148.10 are defined as follows: voyages, except to and from Canada. bulk solid materials listed in Column 1. (1) Column 1: Bulk Solid Material (3) Column 3: Hazard Class or Descriptions and Bulk Cargo Shipping Division. Column 3 designates the (7) Column 7: Special Requirements. Names (BCSN). Column 1 lists the bulk hazard class or division, or PDM, as Column 7 specifies the applicable solid material descriptions and the appropriate, corresponding to each sections of Part 148 of this chapter that BCSNs of materials designated as BCSN. contain detailed special requirements hazardous or PDM. BCSNs are limited to (4) Column 4: References. Column 4 pertaining to stowage and/or those shown in Roman type. Trade refers the user to the preferred BCSN transportation of specific bulk solid names and additional descriptive text corresponding to bulk solid material materials in this part. This column is are shown in italics. descriptions listed in Column 1. completed in a manner which indicates (2) Column 2: I.D. Number. Column 2 (5) Column 5: Hazardous or that ‘‘§ 148.’’ precedes the designated lists the identification number assigned Potentially Dangerous Characteristics. numerical entry. to each BCSN associated with a Column 5 specifies codes for hazardous (c) The following requirements apply hazardous material. Those preceded by or potentially dangerous characteristics to combinations of bulk solids carried at the letters ‘‘UN’’ are associated with applicable to specific hazardous the same time and in the same BCSNs considered appropriate for materials or PDMs. Refer to § 148.11 of compartment or hold: international voyages as well as this part for the meaning of each code.

Combinations of bulk solid materials Requirements

(1) Material listed in Table 148.10 carried with any other non-haz- Requirements specified in Table 148.10 for the listed material. ardous bulk solid material. (2) Material carried under Special Permit with any non-hazardous bulk Requirements specified in the Special Permit. solid material. (3) Two or more materials listed in Table 148.10 ...... Must apply for a Special Permit.

(d) An owner, agent, master, operator, of this section must follow the marine casualties and retaining voyage or person in charge of a vessel or barge requirements contained in 46 CFR part records. carrying materials listed in Table 148.10 4 for providing notice and reporting of

TABLE 148.10—BULK SOLID HAZARDOUS MATERIALS TABLE

Hazardous or po- Bulk solid material descriptions Hazard tentially dangerous Special and bulk cargo shipping names I.D. No. class or References characteristics (see Other characteristics requirements division § 148.11) (§ 148.* * *)

(1) (2) (3) (4) (5) (6) (7)

Aluminum Ferrosilicon Powder ... UN1395 4.3, 6.1 ...... 2, 3 Fine powder or briquettes 135, 255, 405(b), 407, 415(a) & (e), 420(b), 445 Aluminum Nitrate ...... UN1438 5.1 ...... 4 Colorless or white crys- 140 tals. Aluminum Silicon Powder, UN1398 4.3 ...... 2, 3 ...... 135, 255, Uncoated. 405(b), 407 415(a) & (e), 420(b), 445 Aluminum Smelting By-products UN3170 4.3 ...... 1, 2, 3 Includes aluminum dross, 135, 405(b), or Aluminum Re-melting By- residues, spent cath- 420(b), 445 products. odes, spent potliner, and skimmings. Ammonium Nitrate ...... UN1942 5.1 ...... 5, 27 ...... 140, 205, 405(a), 407, 410 Ammonium Nitrate Based Fer- UN2067 5.1 ...... 5, 27 ...... 140, 205, tilizer. 405(a), 407, 410 Ammonium Nitrate Based Fer- UN2071 9 ...... 6 Nitrogen, Phosphate, or 140, 220, tilizer. Potash. 405(a), 407 Barium Nitrate ...... UN1466 5.1, 6.1 ...... 4, 7 ...... 140 Brown Coal Briquettes ...... PDM ...... 11, 12, 14, 25 ...... 155, 240, 405(b), 407, 415(b), 420(a), 445 Calcium fluoride ...... See ...... Fluorospar. Calcium Nitrate ...... UN1454 5.1 ...... 4 White crystals or powder 140, 227

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TABLE 148.10—BULK SOLID HAZARDOUS MATERIALS TABLE—Continued

(1) (2) (3) (4) (5) (6) (7)

Calcium Oxide ...... See Lime, ...... Unslaked. Castor Beans ...... UN2969 9 ...... 10 Whole beans ...... 150, 235 Charcoal ...... PDM ...... 1, 11, 12 Screenings, briquettes .... 155 Chili Saltpeter ...... See Sodium ...... Nitrate. Chilean Natural Nitrate ...... See Sodium ...... Nitrate. Coal ...... PDM ...... 11, 12, 13, 14, 25 ...... 155, 240, 405(b), 407, 415(b), 420(a) & (c), 445, 450 Copra ...... UN1363 4.2 ...... 11, 12 Dry ...... 130, 242 Direct reduced iron (A) with not ...... PDM ...... 1, 2, 12 Hot-molded briquettes .... 155, 250, more than 5% fines. 420(b) Direct reduced iron (B) with not ...... PDM ...... 1, 2, 12 Lumps, pellets, and cold- 155, 245, more than 5% fines. molded briquettes. 405(b), 407, 420(b), 445 Environmentally Hazardous Sub- UN3077 9 Hazardous 15 ...... 150, 270 stances, Solid, n.o.s.. substances listed in 40 CFR part 302. Ferrophosphorous ...... PDM ...... 2, 3 Including briquettes ...... 155, 415(e), 445 Ferrosilicon with 30–90% silicon UN1408 4.3, 6.1 ...... 2, 3 ...... 135, 255, 405(b), 407, 415(a) & (e), 420(b), 445 Ferrosilicon with 25%–30% sil- ...... PDM ...... 155, 255, icon or 90% or more silicon. 405(b), 407, 415 (a) & (e), 420(b), 445 Ferrous Sulfate ...... See Environ- ...... mentally Hazardous Substances, Solid, n.o.s. Ferrous Metal Borings, UN2793 4.2 ...... 11, 12 ...... 130, 260 Shavings, Turnings, or Cuttings. Fish Meal Stabilized or Fish UN2216 9 ...... 11, 12 Ground and pelletized 150, 265 Scrap, Stabilized. (mixture), anti-oxidant treated. Fluorospar ...... PDM ...... 8, 24 ...... 155, 440(a), 450 Garbage Tankage ...... See Tankage ...... Iron Oxide, Spent or Iron UN1376 4.2 ...... 3, 11, 12, 14 ...... 130, 275, Sponge, Spent. 415(c), (d) & (f), 445 Iron Swarf ...... See Ferrous ...... Metal Bor- ings, Shavings, Turnings, or Cuttings. Lead Nitrate ...... UN1469 5.1, 6.1 ...... 4, 7, 22, 26 ...... 140, 270 Lignite ...... See Brown ...... Coal Bri- quettes. Lime, Unslaked ...... PDM ...... 1 ...... 155, 230 Linted Cotton Seed containing ...... PDM ...... 11, 12 ...... 155 not more than 9% moisture and not more than 20.5% oil. Magnesia, Unslaked ...... PDM ...... 1 Lightburned magnesia, 155, 280 calcined magnesite. Magnesium Nitrate ...... UN1474 5.1 ...... 4 ...... 140

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TABLE 148.10—BULK SOLID HAZARDOUS MATERIALS TABLE—Continued

(1) (2) (3) (4) (5) (6) (7)

Metal Sulfide Concentrates ...... PDM ...... 8, 11, 12, 22, 24 Solid, finely divided sul- 155, 285, 450 fide concentrates of copper, iron, lead, nickel, zinc, or other metalliferous ores. Peat Moss with moisture content ...... PDM ...... 8, 12, 13, 14, 24 Fine to coarse fibrous 155, 290, 450 of more than 65% by weight. structure. Pencil Pitch ...... See Pitch Prill ...... Petroleum Coke calcined or ...... PDM ...... 11 ...... 155, 295 uncalcined at > 55 °C (131 °F). Pitch Prill ...... PDM ...... 14, 16 ...... 155 Potassium Nitrate ...... UN1486 5.1 ...... 4 ...... 140 Prilled Coal Tar ...... See Pitch Prill ...... Pyrites, Calcined ...... PDM ...... 8, 9, 24 Fly ash ...... 155, 225, 450 Pyritic ash ...... See Pyrites, ...... Calcined. Quicklime ...... See Lime, ...... Unslaked. Radioactive Material ...... UN2912 7 ...... 17 Low specific activity ...... 145, 300 Radioactive Material ...... UN2913 7 ...... 17 Surface contaminated 145, 300 objects. Rough Ammonia Tankage ...... See Tankage ...... Saltpeter ...... See Potassium ...... Nitrate. Sawdust ...... PDM ...... 12, 18 ...... 155, 405(a), 407 Seed Cake ...... UN1386 4.2 ...... 12, 19 Mechanically expelled or 130, 310 solvent extractions. Seed Cake ...... UN2217 4.2 ...... 12, 19 Solvent extractions ...... 130, 310 Silicomanganese with silicon ...... PDM ...... 2, 3, 12 With known hazard pro- 155, 405(b), content of 25% or more. file or known to evolve 407, 415(a) & gases. (d), 420(b), 445 Sodium Nitrate ...... UN1498 5.1 ...... 4 ...... 140 Sodium Nitrate and Potassium UN1499 5.1 ...... 4 Mixtures prepared as fer- 140 Nitrate Mixture. tilizer. Steel Swarf ...... See Ferrous ...... Metal Bor- ings, Shavings, Turnings, or Cuttings. Sulfur ...... UN1350 4.1 ...... 14, 20 Lumps or coarse-grained 125, 315, powder. 405(a), 407, 435 Sulfur ...... NA1350 9 ...... 14, 20 Not subject to the re- 125, 315, quirements of this sub- 405(a), 407, chapter when formed 435 into specific shapes (i.e., prills, granules, pellets, pastiles, or flakes). Tankage ...... PDM ...... 11 ...... 155, 320 Tankage Fertilizer ...... See Tankage ...... Vanadium Ore ...... PDM ...... 21 ...... 155 Wood chips, Wood Pellets, ...... PDM ...... 12 ...... 155, 325 Wood Pulp Pellets. Zinc Ashes ...... UN1435 4.3 ...... 2, 3, 23 Includes zinc dross, resi- 135, 330, dues, and skimmings. 405(b), 407, 420(b), 435, 445

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§ 148.11 Hazardous or potentially the meaning of that code is set forth in dangerous characteristics. this section. (a) General. When Column 5 refers to (b) Table of Hazardous or Potentially a code for a hazardous material or PDM, Dangerous Characteristics.

Code Hazardous or potentially dangerous characteristic

1 ...... Contact with water may cause heating. 2 ...... Contact with water may cause evolution of flammable gases, which may form explosive mixtures with air. 3 ...... Contact with water may cause evolution of toxic gases. 4 ...... If involved in a fire, will greatly intensify the burning of combustible materials. 5 ...... A major fire aboard a vessel carrying this material may involve a risk of explosion in the event of contamination (e.g., by a fuel oil) or strong confinement. If heated strongly will decompose, giving off toxic gases that support combustion. 6 ...... These mixtures may be subject to self-sustaining decomposition if heated. Decomposition, once initiated, may spread throughout the remainder, producing gases that are toxic. 7 ...... Toxic if swallowed and by dust inhalation. 8 ...... Harmful and irritating by dust inhalation. 9 ...... Highly corrosive to steel. 10 ...... Powerful allergen. Toxic by ingestion. Skin contact or inhalation of dust may cause severe irritation of skin, eyes, and mucous membranes in some people. 11 ...... May be susceptible to spontaneous heating and ignition. 12 ...... Liable to cause oxygen depletion in the cargo space. 13 ...... Liable to emit methane gas which can form explosive mixtures with air. 14 ...... Dust forms explosive mixtures with air. 15 ...... May present substantial danger to the public health or welfare or the environment when released into the environment. Skin contact and dust inhalation should be avoided. 16 ...... Combustible. Burns with dense black smoke. Dust may cause skin and eye irritation. 17 ...... Radiation hazard from dust inhalation and contact with mucous membranes. 18 ...... Susceptible to fire from sparks and open flames. 19 ...... May self-heat slowly and, if wet or containing an excessive proportion of unoxidized oil, ignite spontaneously. 20 ...... Fire may produce irritating or poisonous gases. 21 ...... Dust may contain toxic constituents. 22 ...... Lead nitrate and lead sulfide are hazardous substances; see code 15 of this table and § 148.270. 23 ...... Hazardous substance when consisting of pieces having a diameter less than 100 micrometers (0.004 in.); see code 15 of this table and § 148.270. 24 ...... Cargo subject to liquefaction. 25 ...... Subject to liquefaction if average particle size of cargo is less than 10 mm (.394 in.). 26 ...... This entry is considered a Marine Pollutant in accordance with 49 CFR 172.101 Appendix B. 27 ...... This entry is considered a certain dangerous cargo in accordance with 33 CFR 160.204.

§ 148.12 Assignment and certification. definition of a PDM, as those terms are submitted 20 days before the date of (a) The National Cargo Bureau is defined in § 148.3 of this part. expiration. authorized to assist the Coast Guard in (b) If the material meets any of the (b) Requests for extension or renewal administering the provisions of this part definitions described in paragraph (a) of must include the information required by— this section, the shipper then must under § 148.21(a), (f), and (g) of this (1) Inspecting vessels for suitability submit a petition in writing to the part. for loading solid materials in bulk; Commandant (CG–5223) for § 148.21 Necessary information. authorization to ship any hazardous (2) Examining stowage of solid Each petition for a special permit materials loaded in bulk on board material or PDM not listed in Table 148.10 of this part. must contain at least the following: vessels; (a) A description of the material, (3) Making recommendations on (c) If the Commandant (CG–5223) including, if a hazardous material— stowage requirements applicable to the approves a petition for authorization, (1) The proper shipping name from transportation of solid materials in bulk; the Commandant (CG–5223) issues the the table in 49 CFR 172.101; and petitioner a Coast Guard special permit. (2) The hazard class and division of (4) Issuing certificates of loading that The permit allows the material to be the material; and verify stowage of the solid material in transported in bulk by vessel and (3) The identification number of the bulk meets requirements of this part. outlines requirements for this transport. material. (b) Certificates of loading from the (d) A tripartite agreement developed (b) A material safety data sheet National Cargo Bureau are accepted as in conjunction with the United States (MSDS) for the material or— evidence of compliance with bulk solid and in accordance with the IMSBC Code (1) The chemical name and any trade transport regulations. (incorporated by reference, see § 148.8) names or common names of the may be used in lieu of a special permit. material; Subpart B—Special Permits (2) The composition of the material, § 148.20 Deadlines for submission of including the weight percent of each § 148.15 Petition for a special permit. petition and related requests. constituent; (a) Each shipper who wishes to ship (a) A petition for a special permit (3) Physical data, including color, a bulk solid material not listed in Table must be submitted at least 45 days odor, appearance, melting point, and 148.10 of this part must determine before the requested effective date. solubility; whether the material meets the Requests for extension or renewal of an (4) Fire and explosion data, including definition of any hazard class, or the existing special permit must be auto-ignition temperature, any unusual

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fire or explosion hazards, and any (b) Each special permit holder must (b) IMSBC Code. Notwithstanding the special fire fighting procedures; provide a copy of the special permit and provisions of this part, a bulk solid (5) Health hazards, including any dust the information required in § 148.60 of material that is classed, described, inhalation hazards and any chronic this part to the master or person in stowed, and segregated in accordance health effects; charge of each vessel carrying the with the IMSBC Code (incorporated by (6) The threshold limit value (TLV) of material. reference, see § 148.8), and otherwise the material or its major constituents, if (c) The master of a vessel transporting conforms to the requirements of this available, and any relevant toxicity data; a special permit material must ensure section, may be offered and accepted for (7) Reactivity data, including any that a copy of the special permit is on transportation and transported within hazardous decomposition products and board the vessel. The special permit the United States. The following any incompatible materials; and must be kept with the dangerous cargo conditions and limitations apply: (8) Special protection information, manifest if such a manifest is required (1) A bulk solid material that is listed including ventilation requirements and by § 148.70 of this part. in Table 148.10 of this part, but is not personal protection equipment required. (d) The person in charge of a barge subject to the requirements of the (c) Other potentially dangerous transporting any special permit material IMSBC Code, may not be transported characteristics of the material not must ensure that a copy of the special under the provisions of this section and covered by paragraph (b) of this section, permit is on board the tug or towing is subject to the requirements of this including— vessel. When the barge is moored, the part. Examples of such materials (1) Self-heating; special permit must be kept on the barge include environmentally hazardous (2) Depletion of oxygen in the cargo with the shipping papers as prescribed substances, solid, n.o.s. space; in § 148.62 of this part. (2) Zinc Ashes must conform to the (3) Dust explosion; and requirements found in § 148.330 of this § 148.30 Records of special permits (4) Liquefaction. issued. part. (d) A detailed description of the (3) Exemptions granted by other proposed transportation operation, A list of all special permits issued, competent authorities in accordance including— and copies of each, are available from with the IMSBC Code must be approved (1) The type of vessel proposed for the Commandant (CG–5223). by the Commandant (CG–5223) in water movements; Subpart C—Minimum Transportation accordance with § 148.5 of this part. (2) The expected loading and Requirements (4) Tripartite agreements granted by discharge ports, if known; other competent authorities in (3) Procedures to be used for loading § 148.50 Cargoes subject to this subpart. accordance with the IMSBC Code must and unloading the material; The regulations in this subpart apply be authorized for use in the United (4) Precautions to be taken when to each bulk shipment of— States by the Commandant (CG–5223). handling the material; and (a) A material listed in Table 148.10 § 148.60 Shipping papers. (5) The expected temperature of the of this part; and material at the time it will be loaded on (b) Any solid material shipped under The shipper of a material listed in the vessel. the terms of a Coast Guard special Table 148.10 of this part must provide (e) Test results (if required under permit. the master or his representative with Subpart E of this part). appropriate information on the cargo in (f) Previous approvals or permits. § 148.51 Temperature readings. the form of a shipping paper, in English, (g) Any relevant shipping or accident When Subpart D of this part sets a prior to loading. Information on the experience (or any other relevant temperature limit for loading or shipping paper must include the transportation history by any mode of transporting a material, apply the following: transport). following rules: (a) The appropriate BCSN. Secondary (a) The temperature of the material names may be used in addition to the § 148.25 Activities covered by a special must be measured 20 to 36 centimeters BCSN; permit. (8 to 14 inches) below the surface at 3 (b) The identification number, if (a) Each special permit covers any meter (10 foot) intervals over the length applicable; shipment of the permitted material by and width of the stockpile or cargo hold. (c) The hazard class of the material as the shipper and also covers for each (b) The temperature must be listed in Table 148.10 of this part or on shipment— measured at every spot in the stockpile the Special Permit for the material; (1) Each transfer operation; or cargo hold that shows evidence of (d) The total quantity of the material (2) Each vessel involved in the heating. to be transported; shipment; and (c) Before loading or transporting the (e) The stowage factor; (3) Each individual involved in any material, all temperatures measured (f) The need for trimming and the cargo handling operation. must be below the temperature limit set trimming procedures, as necessary; (b) Each special permit is valid for a in Subpart D of this part. (g) The likelihood of shifting, period determined by the Commandant including angle of repose, if applicable; § 148.55 International shipments. (CG–5223) and specified in the special (h) A certificate on the moisture permit. The period will not exceed 4 (a) Importer’s responsibility. Each content of the cargo and its years and is subject to suspension or person importing any bulk solid transportable moisture limit for cargoes revocation before its expiration date. material requiring special handling into that are subject to liquefaction; the United States must provide the (i) Likelihood of formation of a wet § 148.26 Standard conditions for special shipper and the forwarding agent at the base; permits. place of entry into the United States (j) Toxic or flammable gases that may (a) Each special permit holder must with timely and complete information be generated by the cargo, if applicable; comply with all the requirements of this as to the requirements of this part that (k) Flammability, toxicity, part unless specifically exempted by the will apply to the shipment of the corrosiveness, and propensity to oxygen terms of the special permit. material within the United States. depletion of the cargo, if applicable;

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(l) Self-heating properties of the cargo, barge, the document must be on board § 148.86 Confined space entry. if applicable; the tug or towing vessel. (a) Except in an emergency, no person (m) Properties on emission of may enter a confined space unless that flammable gases in contact with water, § 148.71 Information included in the dangerous cargo manifest. space has been tested to ensure there is if applicable; sufficient oxygen to support life. If the The dangerous cargo manifest must (n) Radioactive properties, if oxygen content is below 19.5 percent, include the following: applicable; the space must be ventilated and (o) The name and address of the U.S. (a) The name and official number of the vessel. If the vessel has no official retested before entry. shipper (consignor) or, if the shipment (b) In an emergency, a confined space originates in a foreign country, the U.S. number, the international radio call sign must be substituted; may be entered by a trained person consignee. wearing self-contained breathing (p) A certification, signed by the (b) The nationality of the vessel; (c) The name of the material as listed apparatus, suitable protective clothing shipper, that bears the following in Table 148.10 of this part; as necessary, and a wire rope safety line statement: ‘‘This is to certify that the (d) The hold or cargo compartment in tended by a trained person outside the above named material is properly which the material is being transported; hold or in an adjacent space. Emergency named, prepared, and otherwise in (e) The quantity of material loaded in entry into a confined space must be proper condition for bulk shipment by each hold or cargo compartment; and supervised by a responsible person as vessel in accordance with the applicable (f) The signature of the master defined in § 148.3 of this part. regulations of the U.S. Coast Guard.’’ acknowledging that the manifest is § 148.90 Preparations before loading. § 148.61 Emergency response information. correct, and the date of the signature. Before loading any material listed in The shipper of a material listed in § 148.72 Dangerous cargo manifest; Table 148.10 of this part, in bulk on Table 148.10 of this part must provide exceptions. board a vessel, the following conditions the master or his representative with (a) No dangerous cargo manifest is must be met: appropriate emergency response required for— (a) If a hold previously has contained information. This information may be (1) Shipments by unmanned barge, any material required under Subpart D included on the shipping papers or in except on an international voyage; and of this part to be segregated from the a separate document such as a material (2) Shipments of materials designated material to be loaded, the hold must be safety data sheet (MSDS). The as potentially dangerous materials in thoroughly cleaned of all residue of the information must include preliminary Table 148.10 of this part. previous cargoes. first aid measures and emergency (b) When a dangerous cargo manifest (b) If the material to be loaded is Class procedures to be carried out in the event is required for an unmanned barge on an 4.1, 4.2, or 5.1, then all combustible of an incident or fire involving the international voyage, § 148.71(d) of this materials must be removed from the cargo. part does not apply, unless the barge has hold. Examples of some combustible more than one cargo compartment. § 148.62 Location of shipping papers and materials are residue of previous emergency response information. § 148.80 Supervision of cargo transfer. cargoes, loose debris, and dunnage. (a) The shipping paper and emergency The master must ensure that cargo Permanent wooden battens or sheathing response information required by transfer operations are supervised by a may remain in the hold unless §§ 148.60 and 148.61 of this part must responsible person as defined in § 148.3 forbidden by Subpart E of this part. be kept on board the vessel along with of this part. (c) If the material to be loaded is the dangerous cargo manifest required classified as Class 4.3, or is subject to by § 148.70 of this part. When the § 148.85 Required equipment for confined liquefaction, the hold and associated shipment is by unmanned barge the spaces. bilge must be as dry as practicable. shipping papers and emergency When transporting a material that is § 148.100 Log book entries. response information must be kept on listed in Table 148.10 of this part, each the tug or towing vessel. When an vessel, other than an unmanned barge, During the transport in bulk of a unmanned barge is moored, the must have on board the following: material listed in Table 148.10 of this shipping paper and emergency response (a) Equipment capable of measuring part, the master must keep a record of information must be on board the barge atmospheric oxygen. At least two each temperature measurement and in a readily retrievable location. members of the crew must be each test for toxic or flammable gases (b) Any written certification or knowledgeable in the use of the required by this part. The date and time statement from the shipper to the master equipment, which must be maintained of each measurement and test must be of a vessel or to the person in charge of in a condition ready for use and recorded in the vessel’s log. a barge must be on, or attached to, the calibrated according to the manufacturer’s instructions. § 148.110 Procedures followed after shipping paper. See Subparts E and F of unloading. this part for required certifications. (b) At least two self-contained, pressure-demand-type, air breathing (a) After a material covered by this § 148.70 Dangerous cargo manifest; apparatus approved by the Mine Safety part has been unloaded from a vessel, general. and Health Administration (MSHA) or each hold or cargo compartment must (a) Except as provided in paragraph the National Institute for Occupational be thoroughly cleaned of all residue of (b) of this section and in § 148.72 of this Safety and Health (NIOSH), each having such material unless the hold is to be part, each vessel transporting materials at least a 30-minute air supply. Each reloaded with that same cargo. listed in Table 148.10 of this part must foreign flag vessel must have on board (b) When on U.S. territorial seas or have a dangerous cargo manifest on at least two such apparatus that are inland waters, cargo associated wastes, board. approved by the flag state cargo residue, and deck sweepings must (b) This document must be kept in a administration. The master must ensure be retained on the vessel and disposed designated holder on or near the vessel’s that the breathing apparatus is used of in accordance with 33 CFR parts bridge. When required for an unmanned only by persons trained in its use. 151.51 through 151.77.

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§ 148.115 Report of incidents. Subpart D—Stowage and Segregation (c) Definitions and application of (a) When a fire or other hazardous segregation terms: condition occurs on a vessel § 148.120 Stowage and segregation requirements. (1) ‘‘Separated from’’ means located in transporting a material covered by this different cargo compartments or holds part, the master must notify the nearest (a) Each material listed in Table when stowed under deck. If the Captain of the Port as soon as possible 148.10 of this part must be segregated intervening deck is resistant to fire and and comply with any instructions given. from incompatible materials in liquid, a vertical separation, i.e., in (b) Any incident or casualty occurring accordance with— different cargo compartments, is while transporting a material covered by (1) The requirements of Tables acceptable as equivalent to this this part must also be reported as 148.120A and 148.120B of this section segregation. required under 49 CFR 171.15, if that pertain to the primary or subsidiary ‘‘ applicable. A copy of the written report (2) Separated by a complete cargo hazard class to which the materials compartment or hold from’’ means required under 49 CFR 171.16 must also belong. Whenever a subsidiary hazard be sent to the Commandant (CG–5223), either a vertical or horizontal may exist, the most stringent segregation separation, for example, by a complete U.S. Coast Guard, 2100 2nd St., SW., requirement applies; and Stop 7126, Washington, DC 20593– cargo compartment or hold. If the 7126, at the earliest practicable moment. (2) Any specific requirements in intervening decks are not resistant to (c) Any release to the environment of Subpart D of this part. fire and liquid, only horizontal a hazardous substance in a quantity (b) Materials that are required to be separation is acceptable. equal to or in excess of its reportable separated during stowage must not be (3) ‘‘Separated longitudinally by an quantity (RQ) must be reported handled at the same time. Any residue intervening complete cargo immediately to the National Response from a material must be removed before compartment or hold from’’ means that Center at (800) 424–8802 (toll free) or a material required to be separated from vertical separation alone does not meet (202) 267–2675. it is loaded. this requirement.

TABLE 148.120A—SEGREGATION BETWEEN INCOMPATIBLE BULK SOLID CARGOES

Bulk solid materials Class 4.1 4.2 4.3 5.1 6.1 7 8 9/PDM

Flammable solid ...... 4.1 X ...... Spontaneously combustible material ...... 4.2 2 X ...... Dangerous when wet material ...... 4.3 3 3 X ...... Oxidizer ...... 5.1 3 3 3 X ...... Poisonous material...... 6.1 X X X 2 X ...... Radioactive material...... 7 2 2 2 2 2 X ...... Corrosive material...... 8 2 2 2 2 X X X ...... Miscellaneous hazardous material and potential dangerous material...... 9/PDM X X X X X 2 X X Numbers and symbols indicate the following terms as defined in § 148.3 of this part: 2—‘‘Separated from’’. 3—‘‘Separated by a complete hold or compartment from’’. X—No segregation required, except as specified in an applicable section of this subpart or Subpart E of this part.

TABLE 148.120B—SEGREGATION BETWEEN BULK SOLID CARGOES AND INCOMPATIBLE PACKAGED CARGOES

Bulk solid material Packaged hazardous material Class 4.1 4.2 4.3 5.1 6.1 7 8 9/PDM

Explosives ...... 1.1 4 4 4 4 2 2 4 X 1.2 1.5 Explosives ...... 1.3 3 3 4 4 2 2 2 X 1.6 Explosives ...... 1.4 2 2 2 2 X 2 2 X Flammable gas...... 2.1 2 2 1 2 X 2 2 X Non-flammable compressed gas ...... 2.2 2 2 X X X 2 1 X Poisonous gas...... 2.3 2 2 X X X 2 1 X Flammable liquid...... 3 2 2 2 2 X 2 1 X Flammable solid...... 4.1 X 1 X 1 X 2 1 X Spontaneously combustible material...... 4.2 1 X 1 2 1 2 1 X Dangerous when wet material ...... 4.3 X 1 X 2 X 2 1 X Oxidizer ...... 5.1 1 2 2 X 1 1 2 X Organic peroxide...... 5.2 2 2 2 2 1 2 2 X Poisonous material...... 6.1 X 1 X 1 X X X X Infectious substance...... 6.2 3 3 2 3 1 3 3 X Radioactive material...... 7 2 2 2 1 X X 2 X Corrosive material...... 8 1 1 1 2 X 2 X X Miscellaneous hazardous material...... 9 X X X X X X X X Numbers and symbols indicate the following terms as defined in § 148.3 of this part: 1—‘‘Away from’’. 2—‘‘Separated from’’. 3—‘‘Separated by a complete hold or compartment from’’.

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4—‘‘Separated longitudinally by an intervening complete compartment or hold from’’. X—No segregation required, except as specified in an applicable section of this subpart or Subpart E of this part.

§ 148.125 Stowage and segregation for have adequate natural ventilation need (d) Fish meal must be stowed and materials of Class 4.1. not have mechanical ventilation. segregated as required for Class 4.2 (a) Class 4.1 materials listed in Table (b) The bulkhead between a hold materials in §§ 148.120 and 148.130 of 148.10 of this part must— containing a Class 4.3 material and this part. In addition, its temperature at (1) Be kept as cool and dry as incompatible materials must have cable loading must not exceed 35 °C (95 °F), practical before loading; and conduit penetrations sealed against or 5 °C (9 °F) above ambient (2) Not be loaded or transferred the passage of gas and vapor. temperature, whichever is higher. between vessels during periods of rain § 148.140 Stowage and segregation for (e) Sulfur must be stowed and or snow; materials of Class 5.1. segregated as required under §§ 148.120 (3) Be stowed separated from (a) Class 5.1 materials listed in Table and 148.125 of this part for a material foodstuffs; and 148.10 of this part must— of Class 4.1. (4) Be stowed clear of sources of heat (1) Be kept as cool and dry as and ignition and protected from sparks § 148.155 Stowage and segregation for practical before loading; potentially dangerous materials. and open flame. (2) Be stowed away from all sources (b) Bulkheads between a hold of heat or ignition; and (a) A PDM must be stowed and containing a Class 4.1 material and (3) Be stowed separate from foodstuffs segregated according to the incompatible materials must have cable and all readily combustible materials. requirements of this section and Table and conduit penetrations sealed against (b) Special care must be taken to 148.155 of this section. the passage of gas and vapor. ensure that holds containing Class 5.1 (b) When transporting coal— materials are clean and, whenever § 148.130 Stowage and segregation for (1) Coal must be stowed separate from materials of Class 4.2. practical, only noncombustible securing and protecting materials are used. materials of Class/division 1.4 and (a) Class 4.2 materials listed in Table (c) Class 5.1 materials must be Classes 2, 3, 4, and 5 in packaged form; 148.10 of this part must— prevented from entering bilges or other and separated from bulk solid materials (1) Be kept as cool and dry as cargo holds. of Classes 4 and 5.1; practical before loading; (2) No material of Class 5.1, in either (2) Not be loaded or transferred § 148.145 Stowage and segregation for packaged or bulk solid form, may be between vessels during periods of rain materials of Class 7. stowed above or below a cargo of coal; or snow; (a) Class 7 material listed in Table and 148.10 of this part must be stowed— (3) Be stowed clear of sources of heat (3) Coal must be separated and ignition and protected from sparks (1) Separate from foodstuffs; and (2) In a hold or barge closed or longitudinally by an intervening and open flame; and complete cargo compartment or hold (4) Except for copra and seed cake, be covered to prevent dispersal of the material during transportation. from materials of Class 1 other than stowed separate from foodstuffs. Class/division 1.4. (b) The bulkhead between a hold (b) [Reserved] (c) When transporting direct reduced containing a Class 4.2 material and a § 148.150 Stowage and segregation for hold containing a material not permitted materials of Class 9. iron (DRI)— to mix with Class 4.2 materials must (a) A bulk solid cargo of Class 9 (1) DRI lumps, pellets, or cold-molded have cable and conduit penetrations material (miscellaneous hazardous briquettes, and DRI hot-molded sealed against the passage of gas and material) listed in Table 148.10 of this briquettes, must be separated from vapor. part must be stowed and segregated as materials of Class/division 1.4, Classes required by this section. 2, 3, 4, 5, Class 8 acids in packaged § 148.135 Stowage and segregation for form, and bulk solid materials of Classes materials of Class 4.3. (b) Ammonium nitrate fertilizer of Class 9 must be segregated as required 4 and 5.1; and (a) Class 4.3 materials listed in Table for Class 5.1 materials in §§ 148.120 and (2) No material of Class 1, other than 148.10 of this part which, in contact 148.140 of this part and must be Class/division 1.4, may be transported with water, emit flammable gases, stowed— on the same vessel with DRI. must— (1) Separated by a complete hold or (1) Be kept as cool and dry as (d) Petroleum coke, calcined or compartment from readily combustible uncalcined, must be— practical before loading; materials, chlorates, hypochlorites, (1) Separated longitudinally by an (2) Not be loaded or transferred nitrites, permanganates, and fibrous intervening complete cargo between vessels during periods of rain materials (e.g., cotton, jute, sisal, etc.); or snow; (2) Clear of all sources of heat, compartment or hold from materials of (3) Be stowed separate from foodstuffs including insulated piping; and Class/divisions 1.1 and 1.5; and and all Class 8 liquids; and (3) Out of direct contact with metal (2) Separated by a complete cargo (4) Be stowed in a mechanically engine-room boundaries. compartment or hold from all hazardous ventilated hold. Exhaust gases must not (c) Castor beans must be stowed materials and other potentially penetrate into accommodation, work or separate from foodstuffs and Class 5.1 dangerous materials in packaged and control spaces. Unmanned barges that materials. bulk solid form.

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TABLE 148.155—STOWAGE AND SEGREGATION REQUIREMENTS FOR POTENTIALLY DANGEROUS MATERIAL

Load only Segregate ‘‘Separate Mechanical ‘‘ ’’ Potentially dangerous as for class from’’ food- under dry Keep dry ventilation Separate from ma- Special provisions material 1 weather terial listed listed stuffs conditions required

Aluminum Smelting 4.3 X X X X Class 8 liquids By-products or Alu- minum Re-melting Byproducts. Brown Coal Bri- ...... See paragraph (b) of See paragraph (b) of quettes. this section. this section. Charcoal ...... 4.1 ...... X ...... Oily materials Coal ...... See paragraph (b) of See paragraph (b) of this section. this section. Direct reduced iron ...... See paragraph (c) of See paragraph (c) of (A). this section. this section. Direct reduced iron ...... See paragraph (c) of See paragraph (c) of (B). this section. this section. Ferrophosphorus ...... 4.3 X X X X Class 8 liquids Ferrolilicon ...... 4.3 X X X X Class 8 liquids Fluorospar ...... X ...... Class 8 liquids Lime, Unslaked ...... X ...... All packaged and bulk solid hazardous materials. Linted Cotton Seed ...... X ...... Magnesia, Unslaked ...... All packaged and bulk solid hazardous materials. Metal Sulfide Con- 4.2 X ...... Class 8 liquids centrates. Petroleum Coke ...... X ...... See section 148.155(d). Pitch Prill ...... 4.1 ...... Pyrites, Calcined ...... X X X X Sawdust ...... 4.1 ...... X ...... All Class 5.1 and 8 liquids. Silicomanganese ...... 4.3 X X X X Class 8 liquids Tankage ...... 4.2 X X ...... Vanadium ...... 6.1 X ...... Wood chips ...... 4.1 ...... Wood pellets ...... 4.1 ...... Wood pulp pellets ..... 4.1 ...... 1 See Tables 148.120A and B.

Subpart E—Special Requirements for (including organic material calculated (b) No material covered by this Certain Materials as carbon); or containing less than 90 section may be transported in bulk percent but more than 70 percent of unless it demonstrates resistance to § 148.200 Purpose. ammonium nitrate and a maximum of detonation when tested by one of the This subpart prescribes special 0.4 percent combustible material; following methods: requirements for specific materials. (1) Appendix 2, Section 5, of the These requirements are in addition to (2) Ammonium nitrate with calcium carbonate and/or dolomite, containing IMSBC Code (incorporated by reference, the minimum transportation see § 148.8); requirements in Subpart C of this part more than 80 percent but less than 90 percent of ammonium nitrate and a (2) Test series 1 and 2 of the Class 1 that are applicable to all materials listed (explosive) in the UN Manual of Tests in Table 148.10 of this part. maximum of 0.4 percent of total combustible material; and Criteria, Part I (incorporated by § 148.205 Ammonium nitrate and reference, see § 148.8); or ammonium nitrate fertilizers. (3) Ammonium nitrate with (3) An equivalent test satisfactory to ammonium sulfate containing more (a) This section applies to the stowage the Administration of the country of than 45 percent but a maximum of 70 and transportation in bulk of shipment. percent of ammonium nitrate and ammonium nitrate and the following (c) Before loading a material covered containing a maximum of 0.4 percent of fertilizers composed of uniform, non- by this section— combustible material; and segregating mixtures containing (1) The shipper must give the master ammonium nitrate: (4) Nitrogen phosphate or nitrogen/ of the vessel written certification that (1) Ammonium nitrate containing potash type fertilizers or complete the material has met the test added organic matter that is chemically nitrogen/phosphate/potash type requirements of paragraph (b) of this inert towards the ammonium nitrate; fertilizers containing more than 70 section; containing at least 90 percent percent but less than 90 percent of (2) The cargo hold must be inspected ammonium nitrate and a maximum of ammonium nitrate and a maximum of for cleanliness and free from readily 0.2 percent of combustible material 0.4 percent of combustible material. combustible materials;

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(3) Each cargo hatch must be trough test prescribed in Appendix 2, dangerous cargo manifest requirements weathertight as defined in § 42.13–10 of Section 4, of the IMSBC Code or in the in § 148.70 of this part do not apply to this chapter; UN Manual of Tests and Criteria, Part the transportation of unslaked lime (4) The temperature of the material III, Subsection 38.2 (incorporated by under paragraph (a) of this section. must be less than 55 °C (131 °F); and reference, see § 148.8), it has a self- (5) Each fuel tank under a cargo hold sustaining decomposition rate that is § 148.235 Castor beans. where the material is stowed must be greater than 0.25 meters per hour, or is (a) This part applies only to the pressure tested before loading to ensure liable to self-heat sufficient to initiate stowage and transportation of whole that there is no leakage of manholes or decomposition. castor beans. Castor meal, castor piping systems leading through the (d) Fertilizers covered by this section pomace, and castor flakes may not be cargo hold. must be stowed away from all sources shipped in bulk. (d) Bunkering or transferring of fuel to of heat, and out of direct contact with (b) Persons handling castor beans or from the vessel may not be performed a metal engine compartment boundary. must wear dust masks and goggles. during cargo loading and unloading (e) Bunkering or transferring of fuel (c) Care must be taken to prevent operations involving a material covered may not be performed during loading castor bean dust from entering by this section. and unloading of fertilizer covered by accommodation, control, or service (e) When a material covered by this this section. spaces during cargo transfer operations. section is transported on a cargo (f) Fertilizer covered by this section § 148.240 Coal. vessel— must be segregated as prescribed in (a) The electrical equipment in cargo (1) No other material may be stowed §§ 148.140 and 148.220(d) of this part. in the same hold with that material; holds carrying coal must meet the (2) In addition to the segregation § 148.225 Calcined pyrites (pyritic ash, fly requirements of Subpart 111.105 of this requirements in § 148.140 of this part, ash). chapter or an equivalent standard the material must be separated by a (a) This part does not apply to the approved by the administration of the complete cargo compartment or hold shipment of calcined pyrites that are the vessel’s flag state. from readily combustible materials, residual ash of oil or coal fired power (b) Before coal is loaded in a cargo chlorates, chlorides, chlorites, stations. hold, the bilges must be as clean and hypochlorites, nitrites, permanganates, (b) This section applies to the stowage dry as practical. The hold must also be and fibrous materials; and and transportation of calcined pyrites free of any readily combustible material, (3) The bulkhead between a cargo that are the residual product of sulfuric including the residue of previous hold containing a material covered by acid production or elemental metal cargoes if other than coal. this section and the engine room must recovery operations. (c) The master of each vessel carrying be insulated to ‘‘A–60’’ class division or (c) Before loading calcined pyrites coal must ensure that— an equivalent arrangement to the covered by this section— (1) All openings to the cargo hold, satisfaction of the cognizant Coast (1) The cargo space must be as clean except for unloading gates on self- Guard Captain of the Port or the and dry as practical; unloading vessels, are sealed before Administration of the country of (2) The calcined pyrites must be dry; loading the coal and, unless the coal is shipment. and as described in paragraph (f) of this (3) Precautions must be taken to section, the hatches must also be sealed § 148.220 Ammonium nitrate-phosphate prevent the penetration of calcined after loading; fertilizers. pyrites into other cargo spaces, bilges, (2) As far as practical, gases emitted (a) This section applies to the stowage wells, and ceiling boards. by the coal do not accumulate in and transportation of uniform, (d) After calcined pyrites covered by enclosed working spaces such as nonsegregating mixtures of nitrogen/ this section have been unloaded from a storerooms, shops, or passageways, and phosphate or nitrogen/potash type cargo space, the cargo space must be tunnel spaces on self-unloading vessels, fertilizers, or complete fertilizers of thoroughly cleaned. Cargo residues and and that such spaces are adequately nitrogen/phosphate/potash type sweepings must be disposed of as ventilated; containing a maximum of 70 percent of prescribed in 33 CFR parts 151.55 (3) The vessel has adequate ammonium nitrate and containing a through 151.77. ventilation as required by paragraph (f) maximum of 0.4 percent total added of this section; and combustible material or containing a § 148.227 Calcium nitrate fertilizers. (4) If the temperature of the coal is to maximum of 45 percent ammonium This part does not apply to be monitored under paragraph (e)(2)(i) nitrate with unrestricted combustible commercial grades of calcium nitrate of this section, the vessel has material. fertilizers consisting mainly of a double instruments that are capable of (b) A fertilizer mixture described in salt (calcium nitrate and ammonium measuring the temperature of the cargo paragraph (a) of this section is exempt nitrate) and containing a maximum of in the range 0°–100 °C (32 °–212 °F) if— 15.5 percent nitrogen and at least 12 without entry into the cargo hold. (1) When tested in accordance with percent of water. (d) A cargo hold containing coal must the trough test prescribed in Appendix not be ventilated unless the conditions 2, Section 4, of the IMSBC Code or in § 148.230 Calcium oxide (lime, unslaked). of paragraph (f) of this section are met, the UN Manual of Tests and Criteria, (a) When transported by barge, or unless methane is detected under Part III, Subsection 38.2 (incorporated unslaked lime (calcium oxide) must be paragraph (h) of this section. by reference, see § 148.8), it is found to carried in an unmanned, all steel, (e) If coal waiting to be loaded has be free from the risk of self-sustaining double-hulled barge equipped with shown a tendency to self-heat, has been decomposition. weathertight hatches or covers. The handled so that it may likely self-heat, (2) [Reserved] barge must not carry any other cargo or has been observed to be heating, the (c) No fertilizer covered by this while unslaked lime is on board. master is responsible for monitoring the section may be transported in bulk if, (b) The shipping paper requirements temperature of the coal at several when tested in accordance with the in § 148.60 of this part and the intervals during these times:

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(1) Before loading; and necessary to remove any methane that (3) Each hold and bilge must be as (2) During the voyage, by— may have accumulated. clean and dry as practical. Other than (i) Measuring the temperature of the (k) If the level of carbon monoxide double bottom tanks, adjacent ballast coal; monitored under paragraph (i) of this tanks must be kept empty when (ii) Measuring the emission of carbon section continues to increase rapidly or possible. All wooden fixtures, such as monoxide; or the temperature of coal carried on board battens, must be removed from the hold. (iii) Both. a vessel exceeds 55 °C (131 °F) and is (b) Each boundary of a hold where (f) If coal waiting to be loaded has a increasing rapidly, the master must DRI lumps, pellets, or cold-molded potential to emit dangerous amounts of notify the nearest Coast Guard Captain briquettes are to be carried must be methane, for example it is freshly of the Port of— resistant to fire and passage of water. mined, or has a history of emitting (1) The name, nationality, and (c) DRI lumps, pellets, or cold-molded dangerous amounts of methane, then: position of the vessel; briquettes that are wet, or that are (1) Surface ventilation, either natural (2) The most recent temperature, if known to have been wetted, may not be or from fixed or portable nonsparking measured, and levels of carbon accepted for transport. The moisture fans, must be provided; and monoxide and methane; content of the DRI must not exceed 0.3 (2) The atmosphere above the coal (3) The port where the coal was percent prior to loading. must be monitored for the presence of loaded and the destination of the coal; (d) DRI lumps, pellets and cold- methane as prescribed in paragraph (h) (4) The last port of call of the vessel molded briquettes must be protected at of this section. The results of this and its next port of call; and all times from contact with water, and monitoring must be recorded at least (5) What action has been taken. must not be loaded or transferred from twice in every 24-hour period, unless (l) If the level of methane as one vessel to another during periods of the conditions of paragraph (m) of this monitored under paragraph (h) of this rain or snow. section are met. section reaches 20 percent of the LFL or (e) DRI lumps, pellets, or cold-molded (g) Electrical equipment and cables in is increasing rapidly, ventilation of the briquettes may not be loaded if their a hold containing a coal described in temperature is greater than 65 °C (150 cargo hold, under paragraph (f) of this ° paragraph (f) of this section must be section, must be initiated. If this F). (f) The shipper of DRI lumps, pellets, either suitable for use in an explosive ventilation is provided by opening the or cold-molded briquettes in bulk must gas atmosphere or de-energized at a cargo hatches, care must be taken to ensure that an inert atmosphere of less point outside the hold. Electrical avoid generating sparks. than 5 percent oxygen and 1 percent equipment and cables necessary for (m) The frequency of monitoring hydrogen, by volume, is maintained continuous safe operations, such as required by paragraph (f) of this section throughout the voyage in any hold lighting fixtures, must be suitable for may be reduced at the discretion of the containing these materials. use in an explosive gas atmosphere. The master provided that— master of the vessel must ensure that the (g) When DRI lumps, pellets, or cold- (1) The level of gas measured is less molded briquettes are loaded, affected equipment and cables remain than 20 percent of the LFL; de-energized as long as this coal precautions must be taken to avoid the (2) The level of gas measured has concentration of fines (pieces less than remains in the hold. remained steady or decreased over three (h) For all coal loaded on a vessel, 6.35mm in size) in any one location in consecutive readings, or has increased other than an unmanned barge, the the cargo hold. by less than 5 percent over four atmosphere above the coal must be (h) Radar and RDF scanners must be consecutive readings spanning at least routinely tested for the presence of protected against the dust generated 48 hours; and during cargo transfer operations of DRI methane, carbon monoxide, and oxygen, (3) Monitoring continues at intervals following the procedures in the lumps, pellets, or cold-molded sufficient to determine that the level of briquettes. Appendices to the schedules for Coal gas remains within the parameters of and Brown Coal Briquettes as contained paragraphs (m)(1) and (m)(2) of this § 148.250 Direct reduced iron (DRI); hot- in the IMSBC Code (incorporated by section. molded briquettes. reference, see § 148.8). This testing must (a) Before loading DRI hot-molded be performed in such a way that the § 148.242 Copra. briquettes— cargo hatches are not opened and entry Copra must have surface ventilation. (1) The master must have a written into the hold is not necessary. It must not be stowed against heated certification from a competent person (i) When carrying a coal described in surfaces including fuel oil tanks which appointed by the shipper and paragraph (e) of this section, the may require heating. recognized by the Commandant (CG– atmosphere above the coal must be 5223) that at the time of loading the DRI monitored for the presence of carbon § 148.245 Direct reduced iron (DRI); lumps, hot-molded briquettes are suitable for pellets, and cold-molded briquettes. monoxide as prescribed in paragraph (h) shipment; and of this section. The results of this (a) Before loading DRI lumps, pellets, (2) Each hold and bilge must be as monitoring must be recorded at least or cold-molded briquettes— clean and dry as practical. Except twice in every 24-hour period, unless (1) The master must have a written double bottom tanks, adjacent ballast the conditions of paragraph (m) of this certification from a competent person tanks must be kept empty where section are met. If the level of carbon appointed by the shipper and possible. All wooden fixtures, such as monoxide is increasing rapidly or recognized by the Commandant (CG– battens, must be removed. reaches 20 percent of the lower 5223) stating that the DRI, at the time of (b) All boundaries of a hold must be flammability limit (LFL), the frequency loading, is suitable for shipment; resistant to fire and passage of water to of monitoring must be increased. (2) The DRI must be aged for at least carry DRI hot-molded briquettes. (j) When a cargo of coal has a 3 days, or be treated with an air (c) DRI hot-molded briquettes must be potential to self-heat or has been passivation technique or some other protected at all times from contact with observed to be heating, the hatches equivalent method that reduces its water. They must not be loaded or should be closed and sealed and all reactivity to at least the same level as transferred from one vessel to another surface ventilation halted except as the aged DRI; and during periods of rain or snow.

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(d) DRI hot-molded briquettes may it has been tested to ensure that it is free a material listed in Table 148.10 of this not be loaded if their temperature is from phosphine and arsine gases. part or a readily combustible material; greater than 65 °C (150 °F). (g) Scuttles and windows in (ii) The loading of the ferrous metal is (e) When loading DRI hot-molded accommodation and work spaces completed first; and briquettes, precautions must be taken to adjacent to holds containing material (iii) The temperature of the ferrous avoid the concentration of fines (pieces described in paragraph (a) of this metal in the hold is below 55 °C (131 less than 6.35mm in size) in any one section must be kept closed while this °F) or has not increased in eight hours location in the cargo hold. material is being loaded and unloaded. before the loading of the other material; (f) Adequate surface ventilation must (h) Any bulkhead between a hold and be provided when carrying or loading containing material described in (6) During loading, the temperature of DRI hot-molded briquettes. paragraph (a) of this section and an the ferrous metal in the pile being (g) When DRI hot-molded briquettes accommodation or work space must be loaded must be below 55 °C (131 °F). are carried by unmanned barge— gas tight and adequately protected (c) The master of a vessel that is (1) The barge must be fitted with against damage from any unloading loading or transporting a ferrous metal vents adequate to provide natural equipment. must ensure that the temperature of the ventilation; and (i) When a hold containing material ferrous metal is taken— described in paragraph (a) of this (2) The cargo hatches must be closed (1) Before loading; section is equipped with atmosphere at all times after loading the DRI hot- (2) During loading, in each hold and sampling type smoke detectors with molded briquettes. pile being loaded, at least once every lines that terminate in accommodation (h) Radar and RDF scanners must be twenty-four hours and, if the or work spaces, those lines must be adequately protected against dust temperature is rising, as often as is blanked off gas-tight. generated during cargo transfer necessary to ensure that the operations of DRI hot-molded (j) If a hold containing material described in paragraph (a) of this requirements of this section are met; briquettes. and (i) During final discharge only, a fine section must be entered at any time, the hatches must be open for two hours (3) After loading, in each hold, at least spray of water may be used to control once every 24 hours. dust from DRI hot-molded briquettes. before entry to dissipate any accumulated gases. The atmosphere in (d) During loading, if the temperature ° § 148.255 Ferrosilicon, aluminum the hold must be tested to ensure that of the ferrous metal in a hold is 93 C ° ferrosilicon, and aluminum silicon there is no phosphine or arsine gas (200 F) or higher, the master must containing more than 30% but less than present. notify the Coast Guard Captain of the 90% silicon. (k) After unloading material described Port and suspend loading until the (a) This section applies to the stowage in paragraph (a) of this section, each Captain of the Port is satisfied that the and transportation of ferrosilicon, cargo hold must be thoroughly cleaned temperature of the ferrous metal is 88 °C aluminum ferrosilicon, and aluminum and tested to ensure that no phosphine (190 °F) or less. silicon containing more than 30 percent or arsine gas remains. (e) After loading ferrous metal— but less than 90 percent silicon. (1) If the temperature of the ferrous (b) The shipper of material described § 148.260 Ferrous metal. metal in each hold is 65 °C (150 °F) or in paragraph (a) of this section must (a) This part does not apply to the above, the master must notify the Coast give the master a written certification stowage and transportation in bulk of Guard Captain of the Port, and the stating that after manufacture the stainless steel borings, shavings, vessel must remain in the port area until material was stored under cover, but turnings, or cuttings; nor does this part the Captain of the Port is satisfied that exposed to the weather, in the particle apply to an unmanned barge on a the temperature of ferrous metal has size in which it is to be shipped, for at voyage entirely on the navigable waters shown a downward trend below 65 °C least three days before shipment. of United States. (150 °F) for at least eight hours after (c) Material described in paragraph (a) (b) Ferrous metal may not be stowed completion of loading of the hold; or of this section must be protected at all or transported in bulk unless the (2) If the temperature of the ferrous times from contact with water, and must following conditions are met: metal in each hold is less than 88 °C (1) All wooden sweat battens, not be loaded or unloaded during (190 °F) and has shown a downward dunnage, and debris must be removed periods of rain or snow. trend for at least eight hours after the from the hold before the ferrous metal (d) Except as provided in paragraph completion of loading, the master must is loaded; notify the Coast Guard Captain of the (e) of this section, each hold containing (2) If weather is inclement during Port, and the vessel must remain in the material described in paragraph (a) of loading, hatches must be covered or this section must be mechanically otherwise protected to keep the material port area until the Captain of the Port ventilated by at least two separate fans. dry; confirms that the vessel is sailing The total ventilation must be at least (3) During loading and transporting, directly to another port, no further than five air changes per hour, based on the the bilge of each hold in which ferrous 12 hours sailing time, for the purpose of empty hold. Ventilation must not allow metal is stowed or will be stowed must loading more ferrous metal in bulk or to escaping gas to reach accommodation or be kept as dry as practical; completely off-load the ferrous metal. work spaces, on or under deck. (4) During loading, the ferrous metal (f) Except for shipments of ferrous (e) An unmanned barge which is must be compacted in the hold as metal in bulk which leave the port of provided with natural ventilation need frequently as practicable with a loading under the conditions specified not comply with paragraph (d) of this bulldozer or other means that provides in paragraph (e)(2) of this section, if section. equivalent surface compaction; after the vessel leaves the port, the (f) Each space adjacent to a hold (5) No other material may be loaded temperature of the ferrous metal in the containing material described in in a hold containing ferrous metal hold rises above 65 °C (150 °F), the paragraph (a) of this section must be unless— master must notify the nearest Coast well ventilated with mechanical fans. (i) The material to be loaded in the Guard Captain of the Port as soon as No person may enter that space unless same hold with the ferrous metal is not possible of—

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(1) The name, nationality, and § 148.270 Hazardous substances. in § 148.70 of this part do not apply to position of the vessel; (a) Each bulk shipment of a hazardous unslaked magnesia transported under (2) The most recent temperature substance must— the requirements of paragraph (b) of this taken; (1) Be assigned a shipping name in section. (3) The length of time that the accordance with 49 CFR 172.203(c); and § 148.285 Metal sulfide concentrates. temperature has been above 65 °C (150 (2) If the hazardous substance is also °F) and the rate of rise, if any; listed as a hazardous solid waste in 40 (a) When information given by the (4) The port where the ferrous metal CFR part 261, follow the applicable shipper under § 148.60 of this part was loaded and the destination of the requirements of 40 CFR chapter I, indicates that the metal sulfide ferrous metal; subchapter I. concentrate may generate toxic or (5) The last port of call of the vessel (b) Each release of a quantity of a flammable gases, the appropriate gas and its next port of call; designated substance equal to or greater detection equipment from §§ 148.415 (6) What action has been taken; and than the reportable quantity, as set out and 148.420 of this part must be on (7) Whether any other cargo is in Table 1 to Appendix A of 49 CFR board the vessel. endangered. (b) No cargo hold containing a metal 171.101, when discharged into or upon sulfide concentrate may be ventilated. § 148.265 Fish meal or fish scrap. the navigable waters of the United (c) No person may enter a hold (a) This part does not apply to fish States, adjoining shorelines, into or containing a metal sulfide concentrate meal or fish scrap that contains less upon the contiguous zone, or beyond unless— than 5 percent moisture by weight. the contiguous zone, must be reported (1) The atmosphere in the cargo hold (b) Fish meal or fish scrap may as required in subpart B of 33 CFR part has been tested and contains sufficient contain a maximum of 12 percent 153. oxygen to support life and, where the moisture by weight and a maximum of (c) A hazardous substance must be shipper indicates that toxic gas(es) may 15 percent fat by weight. stowed in a hold or barge that is closed be generated, the atmosphere in the (c) At the time of production, fish or covered and prevents dispersal of the cargo hold has been tested for the toxic meal or fish scrap must be treated with material during transportation. gas(es) and the concentration of the an effective antioxidant (at least 400 mg/ (d) During cargo transfer operations, a gas(es) is found to be less than the TLV; kg (ppm) ethoxyquin, at least 1000 mg/ spill or release of a hazardous substance or kg (ppm) butylated hydroxytoluene, or must be minimized to the greatest extent (2) An emergency situation exists and at least 1000 mg/kg (ppm) of tocopherol- possible. Each release must be reported the person entering the cargo hold is based liquid antioxidant). as required in paragraph (b) of this wearing the appropriate self-contained (d) Shipment of the fish meal or fish section. breathing apparatus. scrap must take place a maximum of 12 (e) After a hazardous substance is months after the treatment prescribed in unloaded, the hold in which it was § 148.290 Peat moss. paragraph (c) of this section. carried must be cleaned thoroughly. The (a) Before shipment, peat moss must (e) Fish meal or fish scrap must residue of the substance must be be stockpiled under cover to allow contain at least 100 mg/kg (ppm) of disposed of pursuant to 33 CFR 151.55 drainage and reduce its moisture ethoxyquin or butylated hydroxytoluene through 151.77 and the applicable content. or at least 250 mg/kg (ppm) of regulations of 40 CFR subchapter I. (b) The cargo must be ventilated so tocopherol-based antioxidant at the time that escaping gases cannot reach living of shipment. § 148.275 Iron oxide, spent; iron sponge, quarters on or above deck. (f) At the time of loading, the spent. (c) Persons handling or coming into temperature of the fish meal or fish (a) Before spent iron oxide or spent contact with peat moss must wear scrap to be loaded may not exceed 35 iron sponge is loaded in a closed hold, gloves, a dust mask, and goggles. °C (95 °F), or 5 °C (9 °F) above the the shipper must give the master a ambient temperature, whichever is written certification that the material § 148.295 Petroleum coke, calcined or uncalcined, at 55 ≥C (131 ≥F) or above. higher. has been cooled and weathered for at (g) For each shipment of fish meal or least eight weeks. (a) This part does not apply to fish scrap, the shipper must give the (b) Both spent iron oxide and spent shipments of petroleum coke, calcined master a written certification stating— iron sponge may be transported on open or uncalcined, on any vessel when the (1) The total weight of the shipment; hold all-steel barges after exposure to air temperature of the material is less than (2) The moisture content of the for a period of at least ten days. 55 °C (131 °F). material; (b) Petroleum coke, calcined or (3) The fat content of the material; § 148.280 Magnesia, unslaked (lightburned uncalcined, or a mixture of calcined and (4) The type of antioxidant and its magnesia, calcined magnesite, caustic uncalcined petroleum coke may not be concentration in the fish meal or fish calcined magnesite). loaded when its temperature exceeds scrap at the time of shipment; (a) This part does not apply to the 107 °C (225 °F). (5) The date of production of the transport of natural magnesite, (c) No other hazardous materials may material; and magnesium carbonate, or magnesia be stowed in any hold adjacent to a hold (6) The temperature of the material at clinkers. containing petroleum coke except as the time of shipment. (b) When transported by barge, provided in paragraph (d) of this (h) During a voyage, temperature unslaked magnesia must be carried in section. readings must be taken of fish meal or an unmanned, all-steel, double-hulled (d) Before petroleum coke at 55 °C fish scrap three times a day and barge equipped with weathertight (131 °F) or above may be loaded into a recorded. If the temperature of the hatches or covers. The barge may not hold over a tank containing fuel or material exceeds 55 °C (131 °F) and carry any other cargo while unslaked material having a flashpoint of less than continues to increase, ventilation to the magnesia is on board. 93 °C (200 °F), a 0.6 to 1.0 meter (2 to hold must be restricted. This paragraph (c) The shipping paper requirements 3 foot) layer of the petroleum coke at a does not apply to shipments by in § 148.60 of this part and the temperature not greater than 43 °C (110 unmanned barge. dangerous cargo manifest requirements °F) must first be loaded.

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(e) Petroleum coke must be loaded as (1) Contains a maximum of 4 percent disposed of pursuant to 33 CFR 151.55 follows: vegetable oil and a maximum of 15 through 151.77. (1) For a shipment in a hold over a percent vegetable oil and moisture (c) A cargo space that contains sulfur fuel tank, the loading of a cooler layer combined; and or the residue of a sulfur cargo must be of petroleum coke in the hold as (2) As far as practical, is free from adequately ventilated, preferably by required by paragraph (d) of this section flammable solvent. mechanical means. Each ventilator must be completed before loading the (b) This part does not apply to intake must be fitted with a spark- ° ° petroleum coke at 55 C (131 F) or mechanically expelled citrus pulp arresting screen. above in any hold of the vessel; pellets containing not more than 2.5 (2) Upon completion of the loading percent oil and a maximum of 14 § 148.320 Tankage; garbage tankage; described in paragraph (e)(1) of this percent oil and moisture combined. rough ammonia tankage; or tankage section, a 0.6 to 1.0 meter (2 to 3 foot) (c) Before loading, the seed cake must fertilizer. layer of the petroleum coke at 55 °C (131 be aged per the instructions of the (a) This part applies to rough °F) or above must first be loaded into shipper. ammonia tankage in bulk that contains each hold, including those holds (d) Before loading, the shipper must 7 percent or more moisture by weight, already containing a cooler layer of the give the master or person in charge of and garbage tankage and tankage petroleum coke; and a barge a certificate from a competent fertilizer that contains 8 percent or more (3) Upon completion of the loading testing laboratory stating the oil and moisture by weight. described in paragraph (e)(2) of this moisture content of the seed cake. (b) Tankage to which this part applies section, normal loading of the (e) The seed cake must be kept as dry may not be loaded in bulk if its petroleum coke may be completed. as practical at all times. temperature exceeds 38 °C (100 °F). (f) The master of the vessel must warn (f) If the seed cake is solvent- (c) During the voyage, the temperature members of a crew that petroleum coke extracted, it must be— of the tankage must be monitored often is hot, and that injury due to burns is (1) As free as practical from enough to detect spontaneous heating. possible. flammable solvent; and (g) During the voyage, the temperature (2) Stowed in a mechanically § 148.325 Wood chips; wood pellets; wood of the petroleum coke must be ventilated hold. pulp pellets. monitored often enough to detect (g) For a voyage with a planned (a) This part applies to wood chips spontaneous heating. duration greater than 5 days, the vessel and wood pulp pellets in bulk that may § 148.300 Radioactive materials. must be equipped with facilities for oxidize, leading to depletion of oxygen (a) Radioactive materials that may be introducing carbon dioxide or another and an increase in carbon dioxide in the stowed or transported in bulk are inert gas into the hold. cargo hold. limited to those radioactive materials (h) Temperature readings of the seed (b) No person may enter a cargo hold defined in 49 CFR 173.403 as Low cake must be taken at least once in every containing wood chips, wood pellets, or 24-hour period. If the temperature wood pulp pellets, unless— Specific Activity Material, LSA–1, or ° ° Surface Contaminated Object, SCO–1. exceeds 55 C (131 F) and continues to (1) The atmosphere in the cargo hold (b) Skin contact, inhalation or increase, ventilation to the cargo hold has been tested and contains enough ingestion of dusts generated by Class 7 must be discontinued. If heating oxygen to support life; or material listed in Table 148.10 of this continues after ventilation has been (2) The person entering the cargo hold part must be minimized. discontinued, carbon dioxide or the is wearing the appropriate self- (c) Each hold used for the inert gas required under paragraph (g) of contained breathing apparatus. transportation of Class 7 material this section must be introduced into the (radioactive) listed in Table 148.10 of hold. If the seed cake is solvent- § 148.330 Zinc ashes; zinc dross; zinc this part must be surveyed after the extracted, the use of inert gas must not residues; zinc skimmings. completion of off-loading by a qualified be introduced until fire is apparent, to (a) The shipper must inform the person using appropriate radiation avoid the possibility of igniting the cognizant Coast Guard Captain of the detection instruments. Such holds must solvent vapors by the generation of Port in advance of any cargo transfer not be used for the transportation of any static electricity. operations involving zinc ashes, zinc other material until the non-fixed (i) Seed cake must be carried under dross, zinc residues, or zinc skimmings contamination on any surface, when the terms of a Special Permit issued by (collectively, ‘‘zinc material’’) in bulk. averaged over an area of 300 cm2, does the Commandant (CG–5223) per subpart (b) Zinc material must be aged by not exceed the following levels: B of this part if— ¥ exposure to the elements for at least one (1) 4.0 Bq/cm2 (10 4 uCi/cm2;) for (1) The oil was mechanically year before shipment in bulk. beta and gamma emitters and low expelled; and (c) Before loading in bulk, zinc (2) It contains more than 10 percent toxicity alpha emitters, natural uranium, material must be stored under cover for vegetable oil or more than 20 percent natural thorium, uranium-235, uranium- a period of time to ensure that it is as vegetable oil and moisture combined. 238, thorium-232, thorium-228 and dry as practical. No zinc material that is thorium-230 when contained in ores or § 148.315 Sulfur. wet may be accepted for shipment. physical or chemical concentrates, and (d) Zinc material may not be loaded radionuclides with a half-life of less (a) This part applies to lump or coarse in bulk if its temperature is greater than than 10 days; and grain powder sulfur only. Fine-grained ¥ 11.1 °C (52 °F) in excess of the ambient (2) 0.4 Bq/cm2 (10 5 uCi/cm2) for all powder (‘‘flowers of sulfur’’) may not be temperature. other alpha emitters. transported in bulk. (b) After the loading or unloading of (e) Paragraphs (e)(1) through (e)(5) of § 148.310 Seed cake. lump or coarse grain powder sulfur has this section apply only when zinc (a) This part does not apply to been completed, sulfur dust must be materials are carried by a cargo vessel: solvent-extracted rape seed meal, removed from the vessel’s decks, (1) Zinc material in bulk must be pellets, soya bean meal, cotton seed bulkheads, and overheads. Cargo stowed in a mechanically ventilated meal, or sunflower seed meal that— residues and deck sweepings must be hold that—

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(i) Is designed for at least one operations involving the use of fire, maintained in a condition ready for use, complete air change every 30 minutes open flame, or spark- or arc-producing capable of measuring 0 to 100 percent based on the empty hold; equipment in that hold or adjacent LFL for the gas indicated, and calibrated (ii) Has explosion-proof motors space. in accordance with the instructions of approved for use in Class I, Division 1, its manufacturer. The atmosphere in the Group B atmospheres or equivalent § 148.407 Smoking. cargo hold must be tested before any motors approved by the vessel’s flag When Table 148.10 of this part person is allowed to enter. If flammable state administration for use in hydrogen associates a material with a reference to gases are detected, the space must be atmospheres; and this section, and that material is being ventilated and retested before entry. The (iii) Has nonsparking fans. loaded or unloaded, smoking is flammable gases for which the (2) Combustible gas detectors capable prohibited anywhere on the requirements of this section must be met of measuring hydrogen concentrations weatherdeck of the vessel. While such a are: of 0 to 4.1 percent by volume must be material is on board the vessel, smoking (a) Carbon monoxide; permanently installed in holds that will is prohibited in spaces adjacent to the (b) Hydrogen; and carry zinc material. If the concentration cargo hold and on the vessel’s deck in (c) Methane. of hydrogen in the space above the cargo the vicinity of cargo hatches, ventilator § 148.435 Electrical circuits in cargo holds. exceeds 1 percent by volume, the outlets, and other accesses to the hold ventilation system must be run until the containing the material. ‘‘NO During transport of a material that concentration drops below 1 percent by SMOKING’’ signs must be displayed in Table 148.10 of this part associates with volume. conspicuous locations in the areas a reference to this section, each (3) Thermocouples must be installed where smoking is prohibited. electrical circuit terminating in a cargo approximately 6 inches below the hold containing the material must be § 148.410 Fire hoses. surface of the zinc material or in the electrically disconnected from the space immediately above the zinc When Table 148.10 of this part power source at a point outside of the material. If an increase in temperature is associates a material with a reference to cargo hold. The point of disconnection detected, the mechanical ventilation this section, a fire hose must be must be marked to prevent the circuit system required by paragraph (d) of this available at each hatch through which from being reenergized while the section must be used until the the material is being loaded. material is on board. temperature of the zinc material is § 148.415 Toxic gas analyzers. § 148.445 Adjacent spaces. below 55 °C (131 °F). When Table 148.10 of this part When transporting a material that (4) Except as provided in paragraph associates a material with a reference to Table 148.10 of this part associates with (e)(5) of this section, the cargo hatches a paragraph in this section, each vessel a reference to this section, the following of holds containing zinc material must transporting the material, other than an requirements must be met: remain sealed to prevent the entry of unmanned barge, must have on board a (a) Each space adjacent to a cargo hold seawater. gas analyzer appropriate for the toxic must be ventilated by natural (5) If the concentration of hydrogen is gas listed in that paragraph. At least two ventilation or by ventilation equipment near 4.1 percent by volume and members of the crew must be safe for use in an explosive gas increasing, despite ventilation, or the knowledgeable in the use of the atmosphere. temperature of the zinc material reaches equipment. The equipment must be (b) Each space adjacent to a cargo 65 °C (150 °F), the cargo hatches should maintained in a condition ready for use hold containing the material must be be opened provided that weather and and calibrated according to the regularly monitored for the presence of sea conditions are favorable. When instructions of its manufacturer. The the flammable gas indicated by hatches are opened take care to prevent atmosphere in the cargo hold and reference to § 148.420 of this part. If the sparks and minimize the entry of water. adjacent spaces must be tested before a level of flammable gas in any space Subpart F—Additional Special person is allowed to enter these spaces. reaches 30 percent of the LFL, all Requirements If toxic gases are detected, the space electrical equipment that is not certified must be ventilated and retested before safe for use in an explosive gas § 148.400 Applicability. entry. The toxic gases for which the atmosphere must be de-energized at a Unless stated otherwise, the requirements of this section must be met location outside of that space. This requirements of this subpart apply only are: location must be labeled to prohibit to the shipment or loading of materials, (a) Arsine; reenergizing until the atmosphere in the listed in Table 148.10 of this part, for (b) Carbon monoxide; space is tested and found to be less than which Table 148.10 contains a reference (c) Hydrogen cyanide; 30 percent of the LFL. to a section or paragraph of this subpart. (d) Hydrogen sulfide; (c) Each person who enters any space (e) Phosphine; and adjacent to a cargo hold or compartment § 148.405 Sources of ignition. (f) Sulfur dioxide. containing the material must wear a (a) Except in an emergency, no self-contained breathing apparatus welding, burning, cutting, chipping, or § 148.420 Flammable gas analyzers. unless— other operations involving the use of When Table 148.10 of this part (1) The space has been tested, or is fire, open flame, sparks, or arc- associates a material with a reference to routinely monitored, for the appropriate producing equipment, may be a paragraph in this section, each vessel flammable gas and oxygen; performed in a cargo hold containing a transporting the material, other than an (2) The level of flammable gas is less Table 148.10 material or in an adjacent unmanned barge, must have on board a than 10 percent of the LFL; and space. gas analyzer appropriate for the (3) The level of toxic gas, if required (b) A cargo hold or adjacent space flammable gas listed in that paragraph. to be tested, is less than the TLV. must not have any flammable gas At least two members of the crew must (d) No person may enter an adjacent concentrations over 10 percent of the be knowledgeable in the use of the space if the level of flammable gas is LFL before the master may approve equipment. The equipment must be greater than 30 percent of the LFL. If

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emergency entry is necessary, each liquefaction if shipped with moisture (f) The master of a vessel shipping a person who enters the space must wear content in excess of the transportable cargo subject to liquefaction must a self-contained breathing apparatus and moisture limit. ensure that— caution must be exercised to ensure that (2) Moisture migration is the (1) A cargo containing a liquid is not no sparks are produced. movement of moisture by settling and stowed in the same cargo space with a consolidation of a material, which may cargo subject to liquefaction; and § 148.450 Cargoes subject to liquefaction. result in the development of a flow state (a) This section applies only to in the material. (2) Precautions are taken to prevent cargoes identified in Table 148.10 of (3) Transportable moisture limit or the entry of liquids into a cargo space this part with a reference to this section TML of a cargo that may liquefy is the containing a cargo subject to and cargoes identified in the IMSBC maximum moisture content that is liquefaction. Code (incorporated by reference, see considered safe for carriage on vessels. (g) The moisture content and TML of § 148.8) as cargoes that may liquefy. (d) Except on a vessel that is specially a material may be determined by the (b) This section does not apply to— constructed or specially fitted for the tests described in Appendix 2, Section (1) Shipments by unmanned barge; or purpose of carrying such cargoes (see 1, of the IMSBC Code (incorporated by (2) Cargoes of coal that have an also section 7 of the IMSBC Code, reference, see § 148.8). average particle size of 10mm (.394 in.) incorporated by reference, see § 148.8), or greater. a cargo subject to liquefaction may not Dated: October 4, 2010. (c) Definitions as used in this be transported by vessel if its moisture J.G. Lantz, section— content exceeds its TML. Director of Commercial Regulations and (1) Cargo subject to liquefaction (e) The shipper of a cargo subject to Standards, U.S. Coast Guard. means a material that is subject to liquefaction must give the master the [FR Doc. 2010–25383 Filed 10–18–10; 8:45 am] moisture migration and subsequent material’s moisture content and TML. BILLING CODE 9110–04–P

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