20962 Federal Register / Vol. 55, No. 98 / Monday, May 21, 1990 / Proposed Rules

DEPARTMENT OF TRANSPORTATION Dockets Unit is located in room 8221 of materials. However, since non-military the Nassif Building, 400 Seventh Street explosives are potentially as hazardous Research and Special Programs SW., Washington, DC 20590-0001. The as military explosives, the USCG and Administration docket may be reviewed between the RSPA believe their safety requirements hours of 8:30 a.m. and 5 p.m., Monday should be consistent with those for 49 CFR Parts 107,171, and 176 through Friday,. except holidays. military explosives. Consequently, the [Docket No. HM-204; Notice No. 90-61 FOR FURTHER INFORMATION CONTACT: regulations regarding handling, fire, Mr. Frank K. Thompson, Office of electrical safety, stowage, segregation, RIN 2137-AA10 Marine Safety, Security, and and transport should be the same for Environmental Protection (G-MTH-1), both types of explosives. Transportation of Explosives by U.S. Coast Guard Headquarters, 2100 Further complicating the international Vessel and Miscellaneous Second Street SW., Washington, DC transport of explosives is the adoption Amendments 20593-0001, telephone (202) 267-1577; or, by most major nations of the AGENCY: Research and Special Programs Mr. Carl V. Strombom, Office of International Maritime Dangerous Administration (RSPA), DOT. Hazardous Materials Transportation, Goods (IMvDG) Code which incorporates ACTION: Notice of proposed rulemaking Research and Special Programs the United Nations (U.N.) classification (NPRM). Administration, U.S. Department of system for explosives and other Transportation, 400 7th Street SW., hazardous materials. The HMR do not SUMMARY: RSPA and the United States Washington, DC 20590-0001, telephone authorize compliance with the IMDG for Coast Guard (USCG) are proposing to (202) 366-4488. the transport of Class A and B amend existing requirements of the SUPPLEMENTARY INFORMATION: explosives; thus, a system of dual Hazardous Materials Regulations (HMR) compliance is in effect for transporters PreambleOutline pertaining to the handling, stowage, and of explosives in international commerce. transport of explosives by vessel. This I. General discussion. Currently, international shippers of notice proposes to revise provisions II. Review by sections. III. Related rulemakings. explosives by vessel must ensure that currently found in 46 CFR part 146 IV. Administrative notices. cargoes of Class A or B explosives are applicable to the carriage of military prepared, identified, and stowed to meet explosives by vessel and to consolidate I. General Discussion the HMR, or 46 CFR part 146, as them with the provisions for In a final rule issued under Docket No. applicable, to be in compliance with transporting commercial explosives by HM-112 on January 24, 1971 (41 FR U.S. regulations while in waters under vessel that are currently found in 49 CFR 15972), requirements for the transport of U.S. jurisdiction; and must concurrently part 176. hazardous materials by vessel were prepare, identify, and stow the same The purpose of this notice is to reissued under the Hazardous Materials explosive cargo in accordance with the simplify, clarify, and remove duplicative Transportation Act (HMTA) and IMDG Code to meet the regulations of requirements for the transport of relocated to 49 CFR part 176. Not the originating or destination country. explosives by vessel. RSPA has also included in the reissued regulations This rulemaking proposes to eliminate proposed minor editorial changes were provisions applying to hazardous the need for such dual compliance by intended to harmonize the modal materials transported in bulk by vessel, revising 49 CFR requirements governing requirements of part 176 applicable to found in 46 CFR chapter I, subchapters the transport of explosives by vessel to the transport of hazardous materials by D, I, 0, and N, and requirements be consistent with provisions in the vessel with the proposed changes to applying to military explosives, found in IMDG Code pertaining to the transport hazard class terminology and units of 46 CFR part 146. This notice proposes to of substances and articles of United measurement set forth in Docket HM- revise the provisions of 46 CFR part 146 Nations (U.N.) Class 1, i.e., explosives. 181. Notice 87-4 (52 FR 42772: November and incorporate them into the At its 37th session in May 1985, the 6, 1987). Docket HM-181, Notice 87-4, Hazardous Materials Regulations (HMR) International Maritime Organization's indicated these changes would be at 49 CFR part 176. Requirements (IMO) Subcommittee on the Carriage of forthcoming. concerning the carriage of hazardous Dangerous Goods initiated a complete The intended effect of this notice is to materials by bulk are not under revision of the provisions of the IMDG enhance transportation safety, make the authority of the HMTA and would Code which deal with the transport of regulations pertaining to the transport of remain in 46 CFR. Class 1 materials. After receiving explosives by vessel easier to use and Since the Second World War, vessels numerous recommendations from many enforce, and facilitate the international transporting explosives have been maritime nations, including the U.S., the transportation of hazardous materials required to comply with different revisions were finalized in 1989. The by vessel. requirements depending on the end use rewritten Class 1 provisions will enter DATES: Comments must be received on of the explosives. If a vessel is the IMDG Code and become effective 1 or before July 16, 1990. transporting military explosives, the January 1991. The revised introduction ADDRESSES: Written comments should applicable regulations are in 46 CFR and schedules for Class 1 substances be submitted to the Dockets Unit, part 146; on the other hand, if a vessel is and articles are expected to be adopted Research and Special Programs transporting explosives other than as regulations by most nations which Administration, U.S. Department of military explosives, the applicable are trading partners of the United Transportation, Washington, DC 20590- regulations are in 49 CFR part 176. One States. 0001. Comments should identify the major difference between the. In this notice, it is proposed to revise docket and notice number and should be requirements in 46 CFR and those in 49 and relocate provisions currently submitted, if possible, in five copies. If CFR is the complexity of the segregation contained in the Military Explosives confirmation of receipt of comments is rules. Historically, greater emphasis has Regulations of 46 CFR part 146, and to desired, include a self-addressed been placed on the segregation of revise existing 49 CFR requirements for stamped postcard showing the docket military explosives due to the explosives found in 49 CFR part 176, number (Le., Docket HM-204). The destructive threat posed by these subpart G. RSPA and the USCG do not Federal Register / Vol. 55, No. 98 / Monday, May 21, 1990 / Proposed Rules 20963 believe that the burden of compliance freight containers and transport vehicles 42772). Docket HM-181, Notice 87-4, on shippers or carriers would be (i.e., trucks and semitrailers). At present, proposed to revise the HMR to significantly increased by the proposed all commercial Class A explosives and incorporate features found in the United regulations because they now must nearly all military explosives may be Nations Committee of Experts' comply with very similar regulations in transported by vessel in freight Recommendations on the Transport of foreign ports, in addition to complying containers and transport vehicles only Dangerous Goods (U.N. with the HMR in U.S. ports. after specific approval for the operation Recommendations) and the Technical A second aspect of this notice, is to has been granted by the Commandant, Instructions for the Safe Transportation propose the adoption of the IMDG Code USCG. For several years, the USCG has of Dangerous Goods by Air of the system of hazardous materials authorized and controlled the movement International Civil Aviation segregation. Before July 1, 1988, the of explosives in freight containers Organization (ICAO Technical requirements for the segregation of through its approval program. During Instructions). incompatible hazardous materials in 49 this period, the USCG has gained Proposals in Docket HM-181, Notice CFR 176.83 were identical to those in the information on various safety benefits 87-4, are intended to: (1) Simplify the IMDG Code. With the 24th Amendment resulting from the use of the freight HMR, (2) reduce the volume of the however, the IMO container for the transportation of regulations, (3) promote flexibility and of the IMDG Code, (4) has adopted significant changes to its explosives; including increased cargo technological advances in packaging, segregation system. The most notable security and reduced handling of promote safety through better change allows the mixed stowage of explosives. The USCG also has packaging, (5) reduce the need for materials such as flammable liquids participated in developing the exemptions, and (6) facilitate with materials such as corrosives which international standards for freight international commerce. The proposals were formerly considered incompatible. container design and construction, and of Docket HM-181, Notice 87-4, would Also, new tables have been introduced in implementing an inspection and align the HMR with the U.N. to illustrate the separations required certification program to ensure the safe Recommendations and ICAO Technical between freight containers or transport cargo-carrying capability of freight Instructions in the areas of vehicles containing hazardous materials. containers. This proposal would classification, packaging, and hazard A number of shipping line operators eliminate the requirements for special communication in the transport of have requested and received a DOT USCG approval of freight containers hazardous materials. exemption (DOT-E 9785) authorizing carrying Class A explosives (Division In Docket HM-181, Notice 87-4, them to comply with the IMDG 1.1 and 1.2 materials). The approval proposals were not included for part 176 It has been segregation system in place of the provisions would be incorporated into due to time constraints. requirements of 49 CFR 176.83. In Docket the proposed regulations of 49 CFR part RSPA's intent to develop HM-166W (54 FR 38790, September 20, 176. complementary rulemakings for each 1989), RSPA further authorized all Other changes proposed include modal section of 49 CFR to harmonize in international commerce, various revisions for the carriage of current requirements with those shipments HM-181, except shipments of explosives and Class 1 (explosive) materials on proposals set forth in Docket radioactive materials, to be stowed and passenger vessels and the removal of Notice 87-4. In this notice, part 176 with segregated in accordance with the requirements for the use of asbestos. would be revised for consistency IMDG Code. In this notice, the present The proposals for passenger vessels are Docket HM-181 proposals in regard to: requirements for hazardous materials based on revisions contained in the (1) Use of international numeric hazard CFR 176.83 would be forthcoming Amendment 25 of the IMDG class nomenclature (e.g., "Class 4" segregation in 49 solid") and, (2) revised for consistency with the recent Code. Amendment 25 will specify that rather than "flammable changes of the IMDG Code. Division 1.4S (Class C explosives) use of both metric and U.S. standard materials, other Class 1 materials in measurements. Most of the changes that This notice also proposes various 49 CFR part 176 with Docket HM- revisions to the requirements for compatibility groups B, C, D, E, and G, align 181, Notice 87-4, proposals are editorial handling explosives on vessels in port. and Class I (explosive) materials used for lifesaving purposes may be carried in nature and have been identified in the Based on the 1983 IMO publication of this Recommendations on the Safe on board passenger vessels if certain Review by Sections part restrictive quantity and stowage preamble. The classifications proposed Transport,Handling and Storage of 87-4, and used PortAreas, the provisions are met. The proposed in Docket HM-181, Dangerous Goods in throughout this NPRM are listed as changes proposed in 49 CFR 176.176 revisions for asbestos would remove a -through 176.190, are similar to the requirement for the use of asbestos follows: requirements of 46 CFR part 146 which board in the construction of 'tween deck now apply only to vessels on Which magazines. Present HMR requirements Class explosives are handled and predate the recognition of the health divi- Name of class or division military sion stowed. In the future, they would apply hazard associated with asbestos. to all vessels on which any type of Besides the changes necessary to 1.1 Explosives (mass explosion hazard) explosive is loaded, handled, or consolidate military and commercial 1.2 Explosives (projectory/fragment unloaded in a U.S. port. These proposed explosives requirements in the HMR and hazard) not apply to the handling align the explosives regulations of 49 1.3 Explosives (predominately fire rules would hazard) and storage of explosives at a CFR part 176 with the MO and IMDG regarding 1.4 Explosives (no significant blast waterfront facility, which is governed by Code requirements hazard) 33 CFR part 126. segregation, vessels in port facilities, 1.5 Very insensitive explosives, blast- In addition to revising provisibns for passenger vessels and asbestos, various ing agents handling explosives on vessels in port editorialchanges are proposed to further 1.6 Extremely insensitive explosive ar- areas, proposals are included to provide align 49 CFR part 176 with the proposals ticles or devices standard requirements for the in Docket HM-181, Notice 87-4, as 2.1 Flammable gas transportation by vessel of explosives in published on November 6, 1987 (52 FR 2.2 Non-flammable gas 20964 Federal Register / Vol. 55, No. 98 / Monday, May 21, 1990 / Proposed Rules

Class Part 107: HazardousMaterials Program container", "Commandant (G-MTH)", divi- Name of class or division Procedures "Compartment", "CSC safety approval sion Section 10Z101. In § 107.101, the text plate", "Deck structure", "Draft", "Dunnage", "Explosives anchorage", 2.3 Poisonous gas would be revised to remove the words 3 Flammable and combustible liquids "or part 146" from the paragraph as all "Explosive article", "Explosives 4.1 Flammable solids requirements for vessel transportation of handling facility", "Explosive 4.2 Spontaneously combustible materi- hazardous materials will be contained in substance", "Handling", "Hold", "In als containers or the like", "Incompatible 4.3 Dangerous when wet materials 49 CFR and 46 CFR part 64. Section 107.103. In § 107.103, the text materials", "Landing mat", "Machinery 5.1 Oxidizers spaces of category A", "Magazine", 5.2 Organic peroxides of paragraph (a) would be revised to 6.1 Poisonous materials remove the words "or part 146" as all "Master of the Vessel", "Open freight 6.1 Irritating materials requirements for vessel transportation of container", "Overstowed", "Pallet", 6.2 Etiological or infectious substances hazardous materials will be contained in "Palletized unit", "Pie plate", "Portable 7 Radioactive materials 49 CFR and 46 CFR part 64. magazine", "Readily combustible 8 Corrosive materials Section 107.113. In § 107.113, the text material", "Responsible person", "Safe 9 Miscellaneous (hazardous) materi- working load", "Skilled person", als of paragraph (a) would be revised to remove the words "or part 146" as all "Skipboard", "Splice", "Transport unit", requirements for vessel transportation and "Tray". will be contained in 49 CFR and 46 CFR Section 176.3. In § 176.3, paragraph (b) The proposed classifications would be would be revised to remove the used throughout 49 CFR part 176 in place part 64. of current DOT classifications. As an Section 107.201. In § 107.201, the text reference to § 176.5(c) and to refer the aid to the reader, current DOT of paragraph (c) would be revised to reader to § 173.54, Forbidden Explosives classifications would remain in remove the words "or part 146" as all (see Docket HM-181A, Notice 90-5 of parentheses immediately following the requirements for the vessel the Related Rulemakings section of this proposed classifications. To further transportation of hazardous materials preamble). Readers of the current align 49 CFR part 176 with Docket HM- would be contained only in 49 CFR and regulations will notice that § 176.5(c) is 181, Notice 87-4, and other international 46 CFR part 64. a reserved section which contains no requirements, current measurements in regulatory text. The revision of § 176.3 Part 171: GeneralInformation, would remove the inappropriate 49 CFR part 176 would be converted to Regulations, and Definitions their metric system equivalents. U.S. reference to § 176.5(c). measurements would remain in Section 171.7. In Docket HM-181, Section 176.4. A new § 176.4 would be parentheses immediately following the Notice 87-4, in the proposed table of added to transfer the port security metric measurements. Editorial material incorporated by reference in regulations of 46 CFR part 146.29-7 to revisions for classifications and metric § 171.7(c) (52 FR 42778; November 6, the HMR. system measurements necessary to align 1987), an entry would be added to Section 176.5. In § 176.5, paragraph (e) 49 CFR part 176 with Docket HM-181, include a reference to appendix B of would be removed. This section refers to Notice 87-4, and international Association of American Railroads the military explosives requirements of regulations are proposed for subparts H, Specification M-931-Highway Trailers, 46 CFR part 146. The requirements of 46 I, J,L, N, and 0. These subparts have All Types, for TOFC Service, 1985 CFR regarding military explosives been reprinted in their entirety to aid the edition and the entry for the shipments have been incorporated into reader. Subpart M of 49 CFR part 176 International Maritime Organization's this NPRM: therefore, the reference in has not been included in this notice, as IMDG Code would be revised to reflect § 176.5(e) would no longer be needed. In changes to the requirements for the current edition of the Code. addition, paragraph (b)(6) would have radioactive materials will be proposed Section 171.8. In § 171.8 the definitions minor editorial revisions to align the in a future rulemaking action. of "Away from", "Separated by a paragraph with the classifications Concurrently with this proposed complete hold or compartment from", proposed in Docket HM-181, Notice 87- action, USCG and RSPA are proposing "Separated from", and "Separated 4. to revoke the military explosives longitudinally by a complete hold or Section 176.9. In § 176.9, paragraph (a) regulations in 46 CFR part 146. A notice compartment from" would be removed. would be revised to replace the current of proposed rulemaking concerning that In addition, the definitions of "Captain DOT classification Class A explosives of the Port (COTP)", "Passenger vessel", with Divisions 1.1 and 1.2. action appears elsewhere in this issue of Section 176.11. In § 176.11, the Federal Register. "Trailership" and the last sentence of paragraphs the definition of "Competent authority" (a), (c), and (f) would be revised to H. Review by Sections would be revised to aid in clarify the use of the IMDG code for The following review by sections understanding the terms used in the transportation by vessel. addresses all of the proposed changes of proposed changes of this NPRM. Section 176.30. In § 176.30, the reference to § 172.102 would be removed this NPRM. Proposals are broken down Part 176-Carriageby Vessel into two categories: (1) Proposals to from paragraph (a)(3). Under the amend the existing HMR; and (2) The table of sections for part 176 proposals of Docket HM-181, Notice 87- proposals in §§ 171.7 and 176.84 to would be revised to ensure all section 4, the § 172.102 Optional Table would be modify our earlier proposal, initiated number references correspond to the consolidated into the § 172.101 under Docket HM-11, Notice 87-4 (52 renumbered and new section numbers Hazardous Materials Table. Reference FR 42772; November 6, 1987), to amend proposed in this NPRM. to § 172.102 would no longer be the HMR. For these two sections, Section 176.2. A new § 176.2 would be necessary. Also, paragraph (a)(5) would reference is made to the Federal added to include definitions of terms be revised to remove references to Register volume, page number, and date that would be used extensively in part international classifications that are the previous proposal was published in 176. Words and terms defined include duplicative of proposals in Docket HM- the Federal Register. "Cantline", "Cargo net", "Closed freight 181, Notice 87-4. Federal Register / Vol. 55, No. 98 / Monday, May 21, 1990 / Proposed Rules 20965 20965 Section 178.54. Section 176.54 would Section 176.78. Section 176.78 would would also contain a chart that would be revised by changing the section be revised to provide for the use of list the notes found in column 10(c) of heading to include power actuated tools. certain specified forklift trucks for the § 172.101 Table and their meaning. In addition, paragraph (b)(1) would be handling Class I (explosive) materials. "explosive"Section 176.90. In § 176.90, the word modified to refer to the Captain of the Generally, Series EE or EX electric would be amended to read Port's (COTP) authority in 33 CFR trucks as defined in Underwriters "Class 1 (explosive) material". 126.15(c), and paragraph (b)(2) would be Laboratories (UL) Standard UL583 could Section 176.91. In § 176.91, the words revised to require notification of the be used in all situations. UL Series GS, "six gallons" would be amended to read nearest COTP before any repairs are LPS, Dr or DS could be used only under "23 liters (six gallons)". made. conditions acceptable to the COTP. For Section 176.92. In § 176.92, the words Section 176.57. Section 176.57 would safety reasons, forklifts used to handle "compressed gas" would be amended to have minor editorial revisions. small or unstable loads would be read "Class 2 (compressed gas) Throughout the section the phrase required to have backrests "qualified sufficient to material". person" would be replaced by prevent loads from falling towards the .responsible person". Section 176.93. In § 176.93, paragraph mast of the truck and onto the driver. (a) the words "flammable liquid and Section 176.58. Section 176.58 would Paragraph (1) would be revised to make gas" would be revised to read be revised to include more detailed the provisions for the storage of flammable liquid and Division 2.1 requirements for preparing a vessel for industrial truck fuel consistent with the (flammable gas) materials". loading hazardous materials. The This recently-revised Ships Stores editorial revision would proposed regulations would require that align this regulations in 46 CFR part 147. In section with the classifications all decks, gangways, hatches, and cargo proposed addition, paragraph (e) and. (1) would be in Docket HM-181, Notice 87-4. ports over or through which hazardous revised to align the section with the Section 176.96. Section 176.96 would materials must be passed or handled in classifications and metric system have a minor editorial correction. The loading or unloading must be free of all measures proposed in Docket HM-181, section would be revised to loose material before cargo handling Notice read 87-4. "Barges used to transport hazardous operations begin. The proposed Section 176.83. Section 176.83 would materials must be constructed provisions would not allow any debris be revised to harmonize the U.S. of steel" instead of the present that might create a fire hazard or a stowage and segregation requirements wording, "Only barges constructed of steel hazardous condition for persons and charts with the IMDG Code stowage may be used to transport hazardous engaged in loading or unloading and segregation requirements. The materials." operations and would also prohibit the IMDG Code at present does not contain Section 176.98. In § 176.98, the words stowage of hatch beams and hatch provisions for the stowage and "column (7)" would be changed to read covers in a location that would interfere segregation of explosive materials in "column (10)". This editorial correction with cargo handling. Division 1.6. In proposed Table would align this section with the new Section 176.69. In § 176.69, paragraph 176.83(a), the requirements for Division § 172.101 Hazardous Materials Table proposed (a) would be revised to change the 1.4 would also apply to Division 1.6. in Docket HM-181, Notice 87- reference from ORM material to Class 9 Two new tables containing the 4. (miscellaneous hazardous materials). segregation requirements for freight Section 176.99. In § 176.99. the words This minor editorial revision would be containers on board container ships and "Class A Explosives" would be replaced necessary to align this section with the transport vehicles on trailerships (RO/ with Division numbers 1.1 and 1.2 and classifications proposed in Docket HM- RO vessels) would be added to this the Words "Blasting agents" would be 181, Notice 87-4. In addition, paragraph section. As proposed in this notice; the replaced with Division 1.5. The (d) and (e) would be added to outline stowage provisions for transport remainder of this section would remain additional general stowage requirements vehicles would differ from those for unchanged. for hazardous materials. freight containers. This is not consistent Section 176.100. In § 176.100, the Section 176.74. Section 176.74(c) with the present regulations; however, in words "Class A explosives" would be would be revised to change the the IMDG Code, the stowage replaced with Division numbers 1.1 and reference from ORM material to Class 9 requirements for transport vehicles are 1.2. The remainder of this section would (miscellaneous hazardous materials) more stringent because the IMO remain unchanged. materials. This minor editorial Carriage of Dangerous Goods Section 176.102. Section 176.102 would correction would be necessary to align Subcommittee believed that "the general be added to authorize the COTP to this section with the classifications circumstances of many RO/RO ships assign a USCG detail to supervise the proposed in Docket HM-181, Notice 87- required separate consideration." In loading and unloading of Class 1 4. order to determine what these "general (explosive) materials. This requirement Section 176.76. Section 176.76 would circumstances" are, and whether has been a long-standing provision for be revised to eliminate the requirements "separate considerations" are military Class 1 (explosive) materials for USCG approval for freight containers necessary, comments from shippers and but, apart from the COTP's broad containing Division 1.1 or 1.2 (Class A carriers engaged in this trade are authority under 33 CFR part 126, it is a explosive) materials. The USCG invited. new requirement for nonmilitary Class 1 approval provisions would be Section 176.84. In proposed § 176.84 of (explosive) materials. incorporated into the requirements of Docket HM-181, Notice 87-4 (52 FR Section 176.104. Section 176.104 would § § 176.170, 176.172, and 176.194. In 42989; November 6, 1987), paragraph (c) be added to consolidate the loading and addition, the requirements of paragraph would be added to provide provisions unloading requirements for nonmilitary (a)(9) for loading solids on top of liquids for the stowage of Class 1 (explosive) Class 1 (explosive) found in current would be removed as would the materials. Specific provisions would be § 176.105 with those for military Class I requirements of paragraph (c) limiting added to provide for the shipment of (explosive) materials. This consolidation railroad vehicles to transport only on small quantities of Class 1 (explosive) will essentially mean no change in the board a trainship, railroad car ferry,.or a materials in compatibility groups other requirements for nonmilitary Class 1 car float. than A, H, J, K,. and L. This section (explosive) materials, but many detailed 20966 Federal Register / Vol. 55, No. 98 / Monday, May 21, 1990 / Proposed Rules

requirements for military Class 1 Section 176.128. A new § 176.128 would authorize COTP's, instead of (explosive) would be eliminated. would be added to list the general Commandant (G-MTH-1), to approve Current § 176.105 would be removed. stowage requirements for explosive oversize portable magazines. Section 176.108. A new 176.108 would substances. Generally, all explosive Section 176.138. Section 176.138 would be added to define the responsibilities of substances, with some limited be revised to include the requirements the responsible person in charge ofthe exceptions for compatibility groups G, L, for the on-deck stowage of Class 1 loading, unloading, stowage and or S, would require magazine stowage. (explosive) materials. This section handling operations for Class 1 Depending on their characteristics, would require that Class I (explosive) Class (explosive) materials aboard a vessel. I (explosive) materials would be materials stowed on deck must be at Section 176.112. A new § 176.112 required to be stowed in one of three least 20 feet away from any fire, different types of magazines would be added to state the applicable designated machinery exhaust, galley uptake, or by the letters A, B, and C. stowage requirements for Division 1.4 other potential sources of ignition. The Section 176.130. Section 176.130 would (Class C explosive) materials, section would also require any on-deck be revised to reflect the design, compatibility group S items. Because of explosive stowage to be clear of the limited hazards associated with construction, and location requirements for Magazine Stowage Type A as well walkways, fire hydrants, means of items in this category, their stowage access, as the requirements for the stowage of or any facility necessary for the would be allowed with all other Class 1 safe working operations of the vessel. (explosive) materials except those in Class 1 (explosive) materials therein. The requirements for securing, blocking The construction requirements for compatibility groups A or L magazines that are currently found in Section 176.118. A new § 176.116 and bracing Class 1 (explosive) materials that are currently found in § 176.138 would be moved to § § 176.128 would be added to include many of the through 176.133. requirements for stowage conditions for § 176.130 would be relocated to § 176.69, Section 176.140. A Class 1 (explosive) materials that are where they would-apply to all new § 176.140 found in the IMDG code. The hazardous materials. The stowage would be added to list the requirements for requirements would require the stowage requirements for kegs of black powder the segregation of Class 1 (explosive) of Class I (explosive) materials in a in the present paragraph (c) of this materials in relation to bulk cargoes of cool, dry location and Class A steel section are not consistent with the hazardous materials. For specific bulkheads would be required between IMDG Code and would be removed. instructions, the reader would be Class 1 (explosive) materials stowage Section 176.132. A new § 176.132 referred to the General Introduction to would be added to and accommodation spaces. In addition, reflect the design, the IMDG Code. machinery space bulkheads would have construction, and location requirements Section 176.142. A new § 176.142 to be insulated to a "Class A-60" for Magazine Stowage Type B on would be added to address the stowage vessels. The section also addresses standard. the requirements for certain hazardous requirements for explosive Section 176.118. A new § 176.118 stowage materials of extreme flammability. within a Type B area. would be added to specify the These exceptions would be listed as Section requirements 176 133. A new § 176.133 paragraphs (b) and (c) of § 176.142. for electrical equipment would be added to reflect the design, and cables installed in compartments Section 176.144. A new § 176.144 construction, and location requirements would be added to include provisions where Class 1 (explosive) materials are for Magazine Stowage Type C on for mixed stowage in the same carried. This section would permit the vessels. The section would also address use of energized electrical circuits in compartment, container, or transport the requirements for explosive stowage vehicle of explosives in different explosive storage locations if certain within a Type C area. compatibility groups. Table 176.144(a) conditions are met. Section 176.134. A new § 176.134 would contain compatibility Section 176.120. A new t 176.120 would be added to allow the use of I would be added to include lightning closed transport vehicles as magazine requirements for Class (explosive] protection requirements for ships stowage locations if they meet the materials in compatibility group N which are not currently found in carrying Class I (explosive) materials. requirements of the appropriate the The requirements for the cleaning of magazine stowage type. Additional IMDG Code. The requirements for the ventilation decks, hatches, and gangways that are requirements for the use of transport of magazines that are currently found in § 176.120 would be vehicles as explosive stowage locations currently found in § 176.144 are not covered by revised § 176.58. The would be found in § 176.168. consistent with the IMDG Code and requirements of present § 176.120(b) Section 176.136. A new § 176.136 would be removed. concerning the closing of hatches would would be added to address special Section 176.145. A new § 176.145 be relocated to proposed § 176.182(g). stowage provisions for Class 1 would be added to include provisions Section 176.122. A new 176.122 would (explosive) materials that present for stowing Class 1 (explosive) materials be added to list the requirements for unique hazards. Special stowage on board small vessels having only a explosive stowage under deck. requirements would be included for single hold when certain segregation Generally, explosive stowage under Class 1 (explosive) that have smoke provisions of § 176.83 cannot be met. deck would be allowed as described in hazards (compatibility groups G or H), Section 176.146. A new § 176.146 § § 176.124 through 176.136 of this NPRM. are toxic (compatibility group K), or are would be added to include new Section 176.124. A new § 176.124 materials that could have a chemical provisions for the segregation of Class 1 would be added for "ordinary" stowage reaction when in contact with water (explosive) materials from provisions. New "ordinary" stowage (compatibility group L). nonhazardous materials. These replaces present stowage provisions for Section 176.137. A new § 176.137 requirements are new for non-military nonmilitary Class 1 (explosive) would be added to contain the Class I (explosive) materials, but are materials not requiring magazine requirements of the design and not materially different from the present stowage and present "ammunition fabrication of portable magazines requirements for military Class 1 stowage" provisions for military Class 1 meeting the requirements of the Bureau (explosive) materials found in the 46 (explosive) materials. of Alcohol, Tobacco, and Firearms; and CFR. Federal Register / Vol. 55, No. '98 / Monday, May 21, 1990 / Proposed Rules 201967-

Section.176.14Z The requirements for containing Class 1 (explosive) materials. containers and transport vehicles that metal stowage lockers for fireworks that This requirement is new for nonmilitary are used for'stowage of Class I are currently found in § 176.147 are not Class 1 (explosive) materials although (explosive) materials aboard ship. consistent with the:IMDG Code stowage similar provisions presently exist for Proposed .§§ 176.172, 176.170.and176.192 requirements and would not be included military Class 1 (explosive) materials in would eliminate the approval inthe revised explosives regulations of 46 CFR. requirements for freight containers that part 176. ,Section 176.164. A new § 176.164 are currently found in 49 CFR 176.76(a) Section 176.14&,A new § 176.148 would be added to include fire and 46 CFR 148.29-11(c)(16).'The would be added to allow the use of prevention provisions that are similar to definition of the term "splice" as ,ised in electric lights as the -only form of those now in force forinonmilitary Class regard to freight containers is also artificial lighting permitted when 1 (explosive) materials.,Many existing included. loading and unloading Class I detailed requirements for military Class In addition, § 17M172(c) would contain (explosive) materials. 1 (explosive] materials would be a requirement for a written statement to Section 176.150. Section 176.150 would eliminated. accompany shipments of Class 1 be revised to include provisions for the Section 176.16& A new § 176.166 . (explosive) materials in freight use and deenergization of sources of would be added to list the requirements containers or vehicles aboard 'vessels electromagnetic radiation (radio for carrying Class I (explosive) certifying that -the freight containers or transmitters, radars) during Class 1 materials on passenger vessels. The motor vehicles meet the structural (explosive) materials handling proposed requirements of this section serviceability requirements of operations. In addition, the section would revise current regulations § 176.172(a). To help determine what would permit low-power'VHF regarding explosive transport-on burden might result to shippers from a transmitters to be used and would add passenger ships to be consistent with certification statement requirement, stowage requirements 'for items which Amendment 25 of the IMDG Code. RSPA encourages readers to comment are sensitive to electromagnetic Generally, Division 1.4S (Class C on this aspect of the NPRM. radiation. The design and fabrication explosive) materials, explosive articles requirements forportable magazines Section 176.174. A new § 176.174 for lifesaving purposes, and Class 1 would be added to include that are currently found in § '176.150 (explosive) materials in compatibility the would be relocated to proposed requirements for the transport of Class 1 groups C, D, E, and G if the net (explosive) § 176.137. explosive weight does not-exceed10 kg materials in shipborne Section 176.154. A new § 176.154 (22 pounds) per vessel, would be barges. Generally, 'all types of Class I would be added that prohibits the (explosive) 'materials would be allowed authorized to be carried on a passenger to be transported loading or unloading of Class 1 vessel. In addition, materials in in shipborne barges (explosive) materials aboard a vessel compatibility group B would be allowed except that Class 1 ([explosive) 'materials while bunkering (fueling) is in progress. if the net explosive weight did not in compatibility group G or H would be Bunkering would also not be permitted exceed 5 kg (11 pounds). required to be stowed in steel portable while the hatches of cargo spaces Section 176.168. Anew § 176.168 magazines or freight containers, and ,containing Class 1 (explosive) materials would 'be added to include new Class 1 (explosive) materials in are open. The only allowable exceptions provisions governing the carriage of compatibility groups K or L Would 'be to these requirements wouldbe for the Class I (explosive) materials in motor required to be stowedin steel portable stowage of Class I(explosive) materials vehicles aboard "roll-on/roll-off" (RO/ magazines. in compatibility group S or with prior RO) vessels.'Transport vehicles'carrying Section 176.178. A new § 176.176 permission of'the COTP. Class I (explosive] materials would be would be added that would require Section I76.156. Section 176.156 would required -to be structurally 'serviceable vessels to display signals while loading be revised to require that defective, as defined in § 176.1721a)(2) andwould or unloading Class 1 (explosive) leaking, or damaged packages of Class I need to be in compliance with the materials. 'These requirements are the (explosive) material must be handled in loading 'and unloading requirements of same as those currently required for accordance with the recently adopted § § 177.834 and 177.835. In addition, all military Class 1 (explosive) materials, emergency response communication explosive-laden transport'vehicles but -are new :requirements for the vessel regulations (54 FR27138 &55 FR 870) would be required to be secured to the transportation of nonmilitary Class 1 (see Docket HM-126C in the related ship in such :a manner to prevent the (explosive) materials. rulemakings section of this NPRM). The movement of the vehicle during the sea Section 176.178. A new § 176.178 requirements for the stowage of:Class 1 passage. would be added that would specify the (explosive) materials with combustible Section 176.170. A new § 176.170 requirements for the proper use of liquids that are currently found in would be added to include the mooring lines on vessels transporting § 17&.156 are redundant to the proposed requirements for the transport of Class'I Class 1 (explosive) materials. The segregation requirements of § 176.83 and (explosive) materials -infreight requirements are similar to those would be removed. containers.'The proposed provisions of currently containedin 46 CFR 'for Section.176.168( A new .§176.160 §.§ 176.170 and 176.172 would eliminate military 'Class I -(explosive) materials would be 'added to specify requirements the present requirements of 49 CFR but would be new for nonmilitary Class for loading and unloading Class 1 176.76(a) and 46 CFR 14629-11(c)(16) -for 1 (explosive) materials. (explosive) materials ,during rainstorms. Commandant, USCG approval of freight Section 176.180. A'new § 176.180 This section would require that care containers containing Division 1.1 or 1.2 would be added that would require must be taken to prevent packages (Class A -explosive) materials. In manning of an explosive-laden vessel containing Class I (explosive) materials addition,;§ 176.170 would also :cover while in port. This section would require from becoming wet. loading and stowage provisions for a sufficientcrew on board at all times Section 176.162. A new § 176.162 freight containers. necessary to maintain a proper watch would be added to list security Section 176.17Z A new j 176.172 and to operate the propulsion and requirements and to restrict entry by would be added to specify the structural firefightingequipment 'in case ,of an unauthorized persons into spaces serviceability requirements for freight emergency. 20968 Federal Register / Vol. 55, No. 98 / Monday, May 21, 1990 / Proposed Rules

Section 176.182. A new § 176.182 4. The text of subpart H would be stowed away from heat or ignition would be added that would include modified to read Class 2 for all sources. general operating requirements for compressed gases, Division 2.1 for Section 176.405. Section 176.405 would safety in port. This section would flammable gases, and Division 2.2 for be revised editorially to include metric include the provisions concerning nonflammable compressed gases. In units of measurement. The term "broom lighting, smoking, and the use of drugs addition, the text of § 176.225 for the clean" would be removed. or alcohol that are currently found in stowage of chlorine would be revised to Section 176.410. In § 176.410, the § § 176.167, 176.171, and 176.173. specifically prohibit the stowage of section heading and paragraphs (d) and Requirements concerning operations chlorine with only copper or brass leaf (e) would be revised to reflect the U.N. during adverse weather conditions sheets and finely divided organic hazard classes and divisions for would also be included in § 176.182. material. Current prohibitions against oxidizers (5.1) and for blasting agents Current § § 176.167, 176.171, and 176.173 the stowage of chlorine with metallic (1.5). Editorial revisions would also would be removed. sodium or potassium, turpentine, change all measurements to their metric Section 176.184. A new § 176.184 ammonia, coal gas, hydrogen, or system equivalents. In addition, the would be added that would not allow acetylene would be covered by changes names of materials listed in paragraph the handling of Class 1 (explosive) in the stowage and segregation tables (a) would be changed to their proper materials in compatibility group L in any proposed in this notice and in Docket shipping names as listed in the § 172.101 port area without the special permission HM-181, Notice 87-4. Table proposed in Docket HM-181, of the COTP. Group L explosives would SubpartI-Sections 176.305 through Notice 87-4. also be subject to any special handling 176.340. The sections of subpart I and Section 176.415. In § 176.415, the precautions specified by the COTP. the subpart heading would be revised to section title and paragraphs (a)(2) and Section 176.190. A new § 176.190 align the subpart with the classifications (c)(5) would be revised to read Division would be added that would direct a for hazardous materials proposed in 1.5 for blasting agents. The names of the vessel to leave port as soon as possible Docket HM-181, Notice 87- 4. Editorial materials to which this section applies after the loading of Class 1 (explosive) revisions would convert all would be revised throughout to be materials is completed. measurements in subpart I to their consistent with proper shipping names' Section 176.192. A new § 176.192 metric system equivalents. Section as listed in the § 172.101 Hazardous would be added that would provide 176.340(a)(2)(ix) would be revised to Materials Table of Docket HM-181, provisions concerning freight container clarify that the non-DOT specification Notice 87-4. These changes will align handling equipment. These provisions portable tanks authorized under this this section with the proposals of Docket are the same as those issued under section must be periodically retested as HM-181, Notice 87-4. Commandant, USCG approval presently required for DOT specification Section 176.419. Section 176.419 would 1.1 and 1.2 procedures for Division 57 portable tanks. In addition, recent be revised to align the section with the (Class A explosive) materials shipped in Docket HM-166W [54 FR 38796] changes freight containers except certain classifications proposed in Docket HM- to § 176.340 (see the Related 181, Notice 87-4. Flammable solids inspection and approval provisions of Rulemakings section of this preamble) would bereferred to as Class 4 the approval which are covered by U.S. have been reprinted in their entirety to Occupational Safety and Health materials, and oxidizers and organic aid in reader understanding of the peroxides would be referred to as Class Administration (OSHA) regulations are section. Other changes would include provisions of proposed 5 materials. In addition, new provisions omitted. The the deletion of the reference to "bulk would be added that would require § § 176.192, 176.170 and 176.172 would asbestos" in § 176.305(b)(2)(ii) and the eliminate the requirements in 49 CFR packages of Class 4 and Class 5 addition of a provision in § 176.331 that and 46 CFR 146.29-11(c)(16) for materials bearing CORROSIVE or KEEP 176.76(a) would require flammable liquids with Commandant, USCG approval of freight AWAY FROM FOOD labels to'be CORROSIVE or KEEP AWAY FROM stowed away from foodstuffs. containers. FOOD labels to be stowed away from Section 176.194. A new 176.194 would Subpart L-Section 176.600 and be added to include the regulations that foodstuffs. 176.605. The two sections of subpart L are currently found in § 176.177 and 46 SubpartJpart heading. The subpart and the subpart heading would be CFR 146.29-53. This section would heading for subpart J would be revised revised to align the subpart with the remain unchanged from current to make it consistent with the classifications proposed in Docket HM- provisions with the exception of classifications for hazardous materials 181, 87-4. Editorial changes in the two § 176.194(m). Section 176.194(m) would proposed in Docket HM-181, 87-4. sections of subpart L would modify the be revised to include current Editorial revisions to the subpart text to read Division 2.3 for Poison A requirements for fire extinguishing heading would change the heading to and 6.1 for Poison B. In addition, equipment. In addition, paragraph (p) read Class 4 for flammable solids, Class § 176,600 paragraphs (c) and (d) would would refer the reader to the recently 5 for oxidizers and organic peroxides, be added stating the requirement that issued emergency response and Division 1.5 for blasting agents. materials labeled with the KEEP AWAY requirements of Docket HM-126C. Section 176.400. Section 176.400 would FROM FOOD label must be stowed Interested readers should refer to the receive various editorial corrections to away from foodstuffs and packages Related Rulemakings section of this align it with the classifications proposed bearing the FLAMMABLE LIQUID or preamble for further information on in Docket HM-181, Notice 87-4. Blasting FLAMMABLE GAS label must be Docket HM-126C. Current § 176.177 agents would be referred to as Division stowed away from sources of heat and would be removed. 1.5 materials, oxidizers and organic ignition. SubpartH-Sections 176.200 through peroxides would be referred to as Class Subpart N-Sections 176.800 through 176.230. The subpart heading and the 5 materials, and flammable solids would 176.805. The heading and sections of sections of subpart H would be revised be referred to as Class 4 materials. In subpart N would be revised to to align the subpart with the addition, new provisions would be correspond with the classifications classifications for hazardous materials added to require Class 4 and Division proposed in Docket HM-181, Notice 87- proposed in Docket HM-181, Notice 87- 5.2 (organic peroxide) materials to be 4. All references to corrosive materials Federal Register / Vol. 55, No. 98 / Monday, May .21, 1990 / Proposed Riles 20969

would be changed to readClass 8 Ill. Related Rulemakings GCompat- material) material. In De-criptiof sabstances or article to be ibiaty (corrosive HM-181A, Notice 90-5, classified rmup 176.800 revised 'to A. Docket addition, § would be Requirementsfor Explosives align the section with the IMDG'Code 'by specifying the stowage requirements for As part of the effort to align the Article containing a secondary detonating i F packages of Class 8 (corrosive material) Hazardous Materials Regulations with explosive substance with its means of material which also bear POISON or international standards, 'RSPA proposed .Initiation, - with a propelling charge (other than one containing flammable FLAMMABLE LIQUID labels. in Docket HM-181A, Notice 90-5 (55 FR or Lhypergolic liquid) or without a 'pro- Subpart 0 Heading.'The heading of 18438, May 2, 1990) to amend the HMR pelling charge. subpart 0 would be revised to read by incorporating various requirements Pyrotechnic substance or ,article contain-i G "Detailed Requirements for Cotton and ing a pyrotechnic substance, ,or article for explosives found in'the U.N. containing both an explosive substance Vegetable Fibers, Motor Vehicles, and Recommendations.The explosives and an illuminating, incendiary, Ilachriy- Asbestos" to more adequately describe classifications in this NPRM are aligned matory or smoke-producing article or the requirements found in subpart 0. with the U.N.,classifications for Class I one containing white ;phosphorus, Under the IMDG Code and the phosphide or flammable liquid or gel). (explosive) materials as proposed in Article containing both an explosive sub- ,H1 classifications proposed in Docket HM- Docket HM-481A, Notice 90-5. . stance and white phosphorous. I 181, Notice 87-4, cotton and other fibers Throughout this NPRM, Class 1 Article containing both an explosive sub- J are in either Division 4.1 or 4.2. In a (explosive] materials have been referred stance and flammable liquid or gel. / future rulemaking, the rules applying to Article containing both an explosive sub- K to as shown by the following 'list: stance and a toxic chemical agent. cotton and other fibers would be Explosive substance or article containing 'L part 176. relocated to subpart I of Proposed an explosive substance and presenting Section 176.900. In § 176.900, the 'Present DOT classification UK a special risk needing Isolation of each section heading would be changed to classification type. Substance or article so packed or de- S show that this section contains signed that any hazardouseffects aris- packaging as well as stowage ClassA Explosives ...... 1.1 or 1.2. ing from accidental functioning are lim- Class B Explosives ..... 1.2 or 1.3. ited to the extent that they do not, requirements for cotton and other Class C Explosives ...... 4. vegetable fibers. Paragraphs [i]and i) significantly hinder or prohibit fire fight- Blasting Agents ...... 1.5. Ing or other emergency response ef- are not consistent with the segregation 1.6...... forts in the Immediate vicinity of ithel requirements of proposed § '176.83 and package. would be removed. In addition, measurements in paragraphs Ja'), (c)(4), In addition to ,the classifications outlined above, Class 1 (explosive) and U)would be converted to the metric B. Docket HM-181B, Notice 904 system. materials would also have compatibility groups assigned. The class and division EditorialRevisions to Modal Section 176.901. In § 176.901, the Regulations words "1 inch" would be replaced with number for Class I '(explosive) materials the metric system equivalent of 2.54 would be followed by a compatibility In order to align all modal sections ,of centimeters (cm). group letter. These compatibility group the HMR with the classifications and Section 176.902. This section is not lettersare used to xegulate the storage packaging requirements proposed in consistent with the stowage and and transportation of Class 1 (explosive) Docket HM-181, Notice '87-4, RSPA segregation requirements for cotton in materials to prevent an increase'in published a notice of proposed the § 172.101 Table and proposed hazard that might result if certain types rulemaking on May 2, 1990 (55 FR 18546) § 176.83 and would be removed. of Class 1 (explosive) materials are that proposed various editorial revisions Section 176.903. In § 176.903, the transported together. Compatibility to the modal hazardous materials words "2 inches" would be replaced group letters proposed in Docket HM- transportation requirements inipart 174- with the metric equivalent of 5 cm. 181A, Notice 90-5, and used in this Rail, part 175-Air, and part 177- Section 176.904. The requirements of NPRM 'are defined in the following table: Highway. Docket HM-181B, Notice 90-4, this section are not consistent with the together with the editorial revisions segregation requirements in proposed Cornpat- contained in this NPRM for water Description of substances or article tobe ibility transportation, should effectively align § 176.83 for cotton '(Division 4.1 or 4.2) claeedtte and sodium nitrate (Division 5.1). This all modal parts of the HMR With -the section would be removed. classification scheme proposed in Section 176.905. Section 176.905 would Primary explosive substance.-...... Docket HM-181, Notice 87-4. Article containing a !primary explosive be revised to align the section with the C. Docket HM-126C, Emerency HM- substance and not containing two or proposed classifications in Docket more effective protective features. Response Communication Standards 181, Notice 87-4. Flammable gas would Propellant explosive substance 'or other be referred to as Division 2L-materials ,deflagrating explosive substance .or ar- On June 27, 1989, RSPA issued a -final and all measurements would be ticle containing 'such explosive sub- rule (54 FR 27138) to impose new metric system. In stance. D requirements for emergency response converted to the Secondary detonating explosive sub- addition, current requirements of stance or 'black powder or article con- information on shipping papers, and paragraph (1) regarding the :stowage 'of taining a secondary detonating 'explo- placement of emergency response fon hazardous materials in holds -withmotor. sive substance. in each case without vehicles and at transportation facilities. imeans of initiation and without a pro- The final rule 'was followed by a vehicles are overly restrictive andare pelling charge, 'or article containing a not consistent with the international -primary explosive substance and con- corrections docket issued'.on january'.10 segregation system found in the iMDG taning two or more effective features. 1990 (55;FR870) inresponse'to several Code and would be removed. Article containing a secondary detonating E petitions for zeconsideration. The ,n ,explosive 'substance, 'without means of rulemaking is designed to Improve the Section 176.90& §176.906, the initiation, with a propelling charge reference to § 1731090 would 'be revised (other than one containing flammable emergency response information to refer to § 173.231. or hypergolic liquid). requirements in 'the 'HMR in order to 20970 Federal Register / Vol. 55, No. 98 / Monday, May 21, 1990 / Proposed Rules enhance communication pertaining to 3. Currently, all Class A explosives C. Impact on Small Entities the safe handling and identification of may be transported by freight containers RSPA is aware that amendments of on vessels only after specific approval hazardous materials involved in such broad applicability may produce has been granted by transportation. for the operation an economic impact on various industry USCG. Coast Guard The proposals in this docket add no the Commandant, segments, a substantial number of which based on freight container new requirements. However, several approvals are may be small enterprises. The proposals found in the IMDG sections in part 176 have been revised to inspection criteria in this notice may affect shippers, Code. This proposal would eliminate the specifically refer to the new emergency carriers, terminal operators, vessel requirements for special Commandant, response requirements of part 172, operators, and other transportation USCG approval by adding the subpart G.The revisions proposed in organizations that ship hazardous criteria of the IMDG Code this notice are intended to clarify the serviceability materials by vessel and have small directly to part 176. Will the benefits of HMR and direct the reader to applicable numbers of employees and gross this approach outweigh the costs? sections whenever emergency response revenues. Based on limited information information is required. 4. What are the costs and benefits of concerning the size and nature of removing outdated requirements such as D. HM-166W, Transportationof entities likely to be affected by this those permitting the use of asbestos notice, I certify this regulation will not HazardousMaterials; Miscellaneous insulation? Amendments have a significant economic impact on a 5. RSPA believes that the vast substantial number of small entities On September 20, 1989, RSPA issued a majority of current commercial under criteria of the Regulatory final rule to make miscellaneous explosives shipments by vessel are done Flexibility Act. amendments to the HMR. Docket HM- in accordance with the requirements of 166W (54 FR 38790) was promulgated to the IMDG Code. In order to align 49 CFR D. Executive Order 12612 update the regulations, to eliminate the part 176 with the IMDG Code, RSPA has This proposed action has been need for certain DOT approvals, and to proposed to add current IMDG Code analyzed in accordance with the reduce RSPA's backlog of rulemaking requirements regarding handling, fire, principles and criteria in Executive petitions. and electrical safety for Division 1.1 and Order 12612 and, based on the Docket HM-166W revised the 1.2 explosives directly to part 176. What information available to it at this time, requirements of § 176.340 for are the costs and benefits of these new RSPA does not believe that the combustible liquids in portable tanks requirements for shippers of commercial proposed rule would have a substantial and § 176.905(k) for motor vehicles on explosives. direct effect on the states, on the ships. To aid the reader, § § 176.340 and Comments provided on these Federal-State relationship, or the 176.905(k) have been reprinted as they questions will be incorporated into the distribution of power and appeared in Docket HM-166W. final regulatory analysis. responsibilities among levels of IV. Administrative Notices B. Paperwork Reduction Act government. Thus, this regulation contains no policies that have A. Executive Order 12291 The collection of information in this Federalism implications, as defined in notice of proposed rulemaking has been Executive Order 12612. RSPA has determined that this submitted to the Office of Management rulemaking is (1) not "major" under and Budget for review in accordance List of Subjects Executive Order 12291; (2) is not Reduction Act of "significant" with the Paperwork 49 CFR Port 107 under DOT's regulatory 1980 (44 U.S.C. 3504(h)). Comments on policies and procedures (44 FR 11034); the collection of information should be Administrative practice and (3) will not affect not-for-profit sent to the Office of Information and procedure, Hazardous materials enterprises or small governmental Regulatory Affairs, Office of transportation, Packaging and jurisdictions; and (4) does not require an Management and Budget, Washington, containers, Penalties, Reporting and environmental statement under the DC 20503, attention: Desk Officer for the recordkeeping requirements. Act (40 National Environmental Policy Department of Transportation. All 49 CFR Part 171 U.S.C. et seq.). The preliminary comments must reference the title of this regulatory evaluation developed by notice, "Transportation of Explosives by Exports, Hazardous materials RSPA suggests that the benefits of this Vessel and Miscellaneous transportation, Hazardous waste, rule exceed the costs. However, the Amendments". Imports, Incorporation by reference, analysis presented is more qualitative The collection of information Reporting and recordkeeping rather than quantitative. RSPA seeks requirements of this notice are found in requirements. comments on the benefits and costs § 176.172(c), Structural serviceability of 49 CFR Part 176 associated with this rulemaking. In freight containers and vehicles carrying particular, we seek comments in the Class 1 (explosive) materials on ships. A Hazardous materials transportation, following areas: statement would be required to Maritime carriers, Radioactive 1. Do the benefits of consolidating the accompany freight containers or materials, Reporting and recordkeeping duplicative explosive regulations in.46 vehicles transporting Class I (explosive) requirements. CFR part 146 and 49 CFR part 176 materials on vessels certifying that the In consideration of the foregoing, 49 exceed the costs? If so, by how much? freight container or vehicle met the CFR parts 107, 171, and 176 would be 2. What are the costs and benefits structural serviceability requirements of amended to read as follows (Note: The associated with eliminating the need for § 176.172. The likely respondents for this proposals in this notice are presented in dual compliance with U.S. domestic collection of information are hazardous a manner consistent with the format and regulations and the IMDG Code by materials shippers who use freight recodification changes proposed in making the U.S. domestic explosives containers or motor vehicles to transport Docket HM-181, Notice 87-4 (52 FR transportation regulations consistent Class I (explosive) materials aboard 42772; November 6, 1987). Where a with the international requirements? vessels. proposal is a modification to Notice 87- Federal Register / Vol. 55, No. 98 / Monday, May 21, 1990 / Proposed Rules 20971

4, the appropriate Federal Register page Source and name of Material 49 CFR Reference PART 176-CARRIAGE BY VESSEL .number of Volume 52 is provided): 9. The table of sections for part 176 PART 107-HAZARDOUS MATERIALS International Maritime Organi- 176.2, 176.5, would be amended to read as follows: PROGRAM PROCEDURES zation (IMO), Albert Embank- 176.11,176.27, ment, London, SE1 7SR, 176.30, and Sec. Kingdom. Intemation- 176.140. * * * * * 1.The authority citation for part 107 United al Maritime - Dangerous 176.2 Definitions. would continue to read as follows: Goods (IMDG) Code, 1990 * * *r * *, Consolidated Edition. Authority: 49 App. U.S.C. 1421(c); 49 App. 176.4 Port security and safety regulations. U.S.C. 1802, 1806, 1808-1811; 49 CFR 1.45 and 1.53 and App. A of Part 1, Pub. L. 89-670 (49 176.54 Repairs involving welding, burning U.S.C. 1653(d), 1655) 8. In § 171.8, the definitions of "Away and power-actuated tools and § 107.101 [Amended] from", "Separated by a complete hold or appliances. compartment from", "Separated from", 176.76 Transport vehicles, freight 2. Section 107.101 would be amended and "Separated longitudinally by a containers, and portable tanks by removing the reference "chapter, 46 complete hold or compartment from" containing hazardous materials. CFR part 64 or part 146" and inserting in would be removed; the definitions of * * * * * its place the reference "chapter, or 46 "Captain of the Port", and "trailership" 176.83 Segregation. CFR part 64". and "competent authority" would be SUBPART G-Detailed Requirements for § 107.103 [Amended] revised; and paragraph (1] of the Class 1 (Explosive) Materials definition "passengervessel" would be 3. In § 107.103, paragraph (a) would be 176.100 Permit for Division 1.1. and 1.2 revised to read as follows: (Class A and B explosive) materials. amended by removing the reference "46 176.102 Supervisory detail. CFR 64 or part 146" and inserting in its § 171.8 Definitions and abbreviations. 176.104 Loading and unloading Class 1 place the reference "or 40 CFR part 64". * * w * * (explosive) materials. Captain of the Port (COTP)means the 176.108 Supervision of Class 1 (explosive) § 107.113 [Amended] officer of the Coast Guard, under the materials handling and stowage. 4. In § 107.113, paragraph (a) would be command of a District Commander, so Stowage amended by removing the reference "46 designated by the Commandant for the 176.112 Application of stowage provisions. CFR part 64 or part 146" and inserting in purpose of giving immediate direction to 176.116 General stowage conditions for its place the reference "or 46 CFR part Coast Guard law enforcement activities Class 1 (explosive) materials. 64". within an assigned area. As used in this 176.118 Electrical requirements. subchapter, the term "Captain of the 176.120 Lightning protection. § 107.201 [Amended] Port" includes an authorized 176.122 Stowage arrangements under deck. 5. In § 107.201, paragraph (c) would be representative of the Captain of the Port. 176.124 Ordinary stowage. 176.128 Magazine stowage' general. amended by removing the words "and * * * * * 46 CFR part 146". 176.130 Magazine stowage type A. Competent authority means a national 176.132 Magazine stowage type B. PART 171-GENERAL INFORMATION, agency responsible under its national 176.133 Magazine stowage type C. law for the control or regulation of a 176.134 Vehicles. REGULATIONS, AND DEFINITIONS 176.136 Special stowage. particular aspect of the transportation of 176.137 Portable magazine. 6. The authority citation for part 171 hazardous materials (dangerous goods). 176.138 'Deck stowage. would be revised to read as follows: The term "Appropriate authority", as Segregation Authority: 49 App. U.S.C. 1802.1803,1804, used in the ICAO Technical Instructions, 1805, 1808; 49 CFR part 1. has the same meaning as "Competent 176.140 Segregation from other classes of Authority" For purposes of this hazardous materials. 7. In § 171.7(c), as proposed at 52 FR subchapter, the Director, Office of 176.142 Hazardous materials of extreme 42778 on November 6, 1987, in the table Hazardous Materials Transportation, flammability. 176.144 Segregation of Class I (explosive) a reference would be added under the Research and Special Programs entry for the Association of American materials. Administration, is the Competent 176.145 Segregation in single-hold vessels. Railroads and the entry for the Authority for the United States. 176.146 Segregation from non-hazardous International Maritime Organization * * * * * materials. would be revised to read as follows: PassengerVessel means--1) A vessel Precautions During Loading and Unloading § 171.7 Matter Incorporated by reference. subject to any of the requirements of the 176.148 Artificial lighting. * ( * *f • International Convention for the Safety 176.150 Radio and radar. t(JC)* * *' of Life at Sea, 1974, which carries more 176.154 Fueling (Bunkering). than 12 passengers; 176.156 Defective packages... * * *; * * 176.160 Protection against weather. Source and name of Material 49 CFR Re ference 176.162 .Security. Trailershipmeans a vessel' other than 176.164 Fire precautions and firefighting. a carfloat, specifically equipped to carry Passenger Vessels Association of American Rail- motor transport Vehicles and fitted with roads * * - installed securing devices to tie down 176.166 Transport of Class 1 (explosive) Appendix B of AAR Specifi- 176.168. each vehicle. The term "trailership" materials on passenger vessels. cation M-931 Highway Trailers, All Types, for includes "Roll-on/Roll-off" (RO/RO) Transport Units and Shipborne Barges TOFC Service, 1985 edi- vessels. 176.168. Transport of Class 1 (explosive) tion. *r * ".* * .*t materials in vehicle spaces. 20972 Federal Register / Vol. 55, No. 98 / Monday, May 21, 1990 / Proposed Rules 20972 176,170 Transport of Class I (explosive) Subpart N-Detailed Requirements for Draft means a load or combination of materials in freight containers. Class 8 (Corrosive Materials) Materials loads capable of being hoisted into or 176.172 Structural serviceability of freight 176.800 General stowage requirements. out of a vessel in a single lift. containers and vehicles carrying Class I 176.805 On deck stowage. Dunnage means lumber of not less (explosive) materials on ships. Subpart O-Detailed Requirements for than 25 mm (1 inch) commercial 176.174 Transport of Class 1 (explosive) thickness or equivalent material laid materials in shipborne barges. Cotton and Vegetable Fibers, Motor Vehicles, and Asbestos over or against structures such as Handling Class I (Explosive) Materials in 176.900 Packaging and stowage of cotton tanktops, decks, bulkheads, frames, Port and vegetable fibers; general. plating, or ladders, or used for filling 176.176 Signals. 176.901 Stowage of cotton or vegetable voids or fitting around cargo, to prevent 176.178 Mooring lines. fibers with rosin or pitch. damage during transportation. 178.180 Watchkeeping. 176.903 Stowage of cotton or vegetable Explosives anchoragemeans an 176.182 Conditions for handling on board fibers with coal. anchorage so designated under 33 CFR ship. 176.905 Motor vehicles or mechanical part 110, subpart B. 176.184 Class I (explosive) materials of equipment powered by internal Explosive articlemeans an article or Compatibility Group L combustion engines. 176.906 Stowage and handling of asbestos. device which contains one or more 176.190 Departure of vessel. explosive substances. Individual 176.192 Cargo handling equipment for 10. The authority citation for part 176 explosive articles are identified in the freight containers carrying Class 1 would be revised to read as follows: (explosive] materials. schedules for Class 1 (explosive) articles Authority: 49 app. U.S.C. 1803, 1804, 1805, found in the IMDG Code. Magazine Vessels 1808; 49 CFR part 1.53, app. A to part 1. Explosives handlingfacility means-- 176.194 Stowage of Class 1 (explosive) 11. Section 176.2 would be added to (1) A "designated waterfront facility" materials on magazine vessels. when read as follows: designated under 33 CFR part 126 Subpart H-Detailed Requirements for loading, handling, and unloading Class 1 Class 2 (Compressed Gas) Materials § 176.2 Definitions. (explosive) materials; or (2) A facility for loading, unloading, 176.200 General stowage requirements. As used in this part- 176.205 Under deck stowage requirements. Cantiline means the v-shaped groove and handling military Class 1 176.210 On deck stowage requirements. between two abutting, parallel (explosive) materials which is operated 176.220 Smoking or open flame and posting horizontal cylinders. or controlled by an agency of the of warning signs. Cargo net means a net made of fiber Department of Defense. 176.225 Stowage of chlorine. or wire used to provide convenience in Explosive substance means a solid or 176.230 Stowage of Division 2.1 (flammable handling loose or packaged cargo to and liquid material, or a mixture of gases) materials. from a vessel. materials, which is in itself capable by Subpart I-Detailed Requirements for Class Closed freight containermeans a chemical reaction of producing gas at 3 (Flammable and Combustible Uquld) freight container which totally encloses' such a temperature and pressure and at Materials its contents by permanent structures. A such a speed as to cause damage to its 176.305 General stowage requirements. freight container formed partly by a surroundings. Individual explosive 176.315 Fire protection requirements. tarpaulin, plastic sheet, or similar substances are identified in the 176.320 Use of hand flashlights. material is not a closed freight schedules for Class 1 (explosive) 176.325 Smoking or open flame and posting container. substances in the IMDG Code. of'warning signs. Commandant (G-MTH) means the Handlingmeans the operation of 176.331 Transportation of flammable liquids Chief, Marine Technical and Hazardous loading and unloading a vessel; transfer with foodstuffs. Materials Division, Office of Marine to, from, or within a vessel, and any 176.340 Combustible liquids in portable Safety, Security and Environmental ancillary operations. tanks. Protection, United States Coast Guard, Hold means a compartment below Subpart J-Detaled Requirements for Washington, DC 20593-0001. deck that is used exclusively for the Class 4 (Flammable Solids), Class 5 Compartmentmeans any space on a carriage of cargo. (Oxidizers and Organic Peroxides), and vessel that is enclosed by the vessel's In containers or the like means in any Division 1.5 (Blasting Agents) Materials decks and its sides or permanent steel clean, substantial, weatherproof box 176.400 Stowage of Division 1.5 (blasting bulkheads. structure which can be secured to the agents) and Class 5 (oxidizers and CSC safety approvalplate means the vessel's structure, including a portable organic peroxides) materials. safety approval plate specified in Annex magazine or a closed transoort unit. 176.405 Stowage of charcoal. I of the International Convention for Whenever this stowage is specified, 176.410 Division 1.5 (blasting agents) Safe Containers (1972) and conforming stowage in deckhouses, mast lockers materials, ammonium nitrate and to the specifications in 49 CFR 451.23 and oversized weatherproof packages ammonium nitrate mixtures. and 451.25. The plate is evidence that a (overpacks) is also acceptable. 176.415 Permit requirements for Division 1.5 Incompatible materials means two (blasting agents), ammonium nitrates, freight container was designed, and certain ammonium nitrate fertilizers. constructed, and tested under materials whose stowage together may 176.419 Class 4 (flammable solids) or Class international rules incorporated into result in undue hazards in the case of 5 (oxidizers and organic peroxides) U.S. regulations in 49 CFR parts 450 leakage, spillage, or other accident. materials transported with foodstuffs. through 453. The plate is found in the Landing mat means a shock absorbing of the container. pad used in loading Class 1 (explosive) Subpart L-Detailed Requirements for door area Division 2.3 (Poison A) and Division 6.1 Deck structure means a structure of materials on vessels. (Poison B) Materials substantial weight and size located on Machinery Spaces of CategoryA are weather deck of a vessel and those spaces, and trunks to such spaces, 176.600 General stowage requirement. the with the deck. This term which contain: 176.605 Care following leakage or sifting of integral Division 2.3 and 6.1 poisons (Poisons A includes superstructures, deck houses, (1) Internal combustion machinery or B). mast houses, and bridge structures. used for main propulsion: Federal Register / Vol. 55, No. 98 / Monday, May 21, 1990 / Proposed -Rules 20973

(2) Internal combustion machinery Skilled person means a person having Class I (explosive) materials, flammable used for purposes other than main the knowledge and experience to liquids, or'Division 2.1 (flammable gas) propulsion where such machinery has in perform a certain duty. materials on board on deck in which the aggregate a total power output of not Skipboard means a square or case the tug or towing vessel' shall make less than 375 kw; or rectangular pallet without sideboards, such provisions to guard against and (3) Any oil-fired boiler or fuel unit. usually used in conjunction with a cargo extinguish fire as the Coast Guard may Magazine means an enclosure net to handle loose cargo on boarda prescribe; designed to protect certain goods of vessel. Class I (explosive) materials from Splice as used in § 176.172 of this part, 15. In § 176.9, paragraph (a) damage by other cargo and adverse means any repair of a freight container introductory text would be revised to weather conditions during loading, main structural member which replaces read as follows: unloading, and when in transit; and to material, other than complete replacement of the member. § 176.9 "Order-Notify" or "C.O.D." prevent unauthorized access. A Transportunit means a transport shipments. magazine may be a fixed structure in the vehicle or a freight container. A "closed vessel, a closed freight container, a (a) A carrier may not transport transport unit" means a transport unit in Division 1. or 1.2 (Class A explosive) closed transport vehicle, or a portable which the contents are totally enclosed magazine. materials, detonators, or boosters with by permanent structures. An "open detonators which are: Master of the Vessel, as used inthis transport unit" means a transport unit part, includes the person in charge of an which is not a closed transport unit. 16. In § 176.11 , paragraphs (a)(1) and unmanned vessel or barge. Transport units with fabric sides or tops Open freight container means a are not closed transport units for the [a)(2) would be removed and paragraphs freight container that does not totally (a), (c), and (f) would be revised to read purposes of this part. as follows: enclose its contents by permanent Tray means a type of pallet structures. constructed to specific dimensions for § 176.11 Exceptions. Overstowed means a package or handling a particular load. (a) A hazardous material may be container that is stowed directly on top 12. In § 176.3, paragraph (b) would be offered and accepted for transportation of another. However, with regard to revised to read as follows: by vessel when in conformance with the I Class (explosive) stowage, such goods § 176.3 Unacceptable hazardous materials requirements of the IMDG Code, subject may themselves be stacked to a safe shipments. to the conditions and limitations set level but other goods should not be * * * * •* forth in § 171.12(b) of this subchapter. stowed directly on top of them. (b) A carrier may not transport by Pallet means a portable platform for vessel any explosive or explosive (c) The requirements of this stowing, handling, and moving cargo. composition described in § 173.54 of this subchapter governing the transportation Palletizedunit means packages or subchapter. of combustible liquids do not apply to unpackaged objects stacked on a pallet, 13. Section 176.4 would be added to the transportation of combustible liquids banded and secured to the pallet by read as follows: in non-bulk (see definitions in § 171.8) metal, fabric, or plastic straps for the packages on board vessels. purpose of handling as a single unit. § 176.4 Port security and safety Pie plate means a round, oval, or regulations. (a) Each carrier, master, agent, and (f) Paragraph (a) of this section does hexagonal pallet without sideboards, not apply to hazardous materials, used in conjunction with a cargo net to charterer of a vessel and all other persons engaged in handling hazardous including certain hazardous wastes and handle loose cargo on board a vessel. hazardous substances as defined in Portable magazine means a strong, materials on board vessels shall comply with the applicable provisions of 33 CFR § 171.8 of this subchapter, which are not closed, prefabricated, steel or wooden, subject to the requirements of the IMDG closed box or container, other than a parts 6, 109, 110, 125, 126, and 160. (b) Division 1.1 and 1.2 (Class A and B Code. freight container, designed and used to 17. In § 176.30, paragraphs (a)(3) and handle Class 1 (explosive) materials explosive) materials may only be loaded on and unloaded from a vessel at- (a)(5) would be revised to read as either by hand or mechanical means. follows: Readily combustible material means (1) A facility of particular hazard as defined in 33 CFR 126.05(b); § 176.30 Dangerous cargo manifest. a material which may or may not be (2) An explosives anchorage listed in classed as a hazardous material but (a) * *' which is easily ignited and supports 33 CFR part 110; or (3) A facility operated or controlled by (3) Shipping name and identification Examples of readily combustion. the Department of Defense. number of each hazardous material on combustible materials include wood, (c) With the concurrence of the COTP, board as listed in § 172.101 of this paper, straw, vegetable fibers, products Division 1.1 and 1.2 (Class A and B subchapter or as listed in the IMDG made from such materials, coal, explosive) materials may be loaded on Code. lubricants, and oils. This definition does or unloaded from a vessel in any (i)An emergency response telephone not apply to packaging material or location acceptable to the COTP. number as prescribed in subpart G of dunnage 14. In § 176.5, paragraph (e) would be part 172 of this subchapter. Responsibleperson means a person 'removed and paragraph (b)(6) would be (ii) [Reserved] empowered to take all decisions relating revised to read as follows: (4) * * * to his or her specific task, and having (5) Classification of the hazardous the necessary knowledge and § 176.5 Application to vessels. material in accordance with either; experience for that purpose. (i) The Hazardous Materials Table,* Safe working load means the (b)* * * .§ 172.101 of this subchapter, or maximum gross weight that cargo (6) A tug or towing vessel except (ii) The International Maritime handling equipment is approved to lift. when towing another vessel having Organization's IMDG Code. 20974 Federal Register / Vol. 55, No. 98 / Monday, May 21, 1990 / Proposed Rules

(6) * * * (d) Hatch beams and hatch covers only on board a trailership, trainship, * * * * * may not be stowed in a location that ferry vessel or car float. 18. In § 176.54, the section heading would interfere with cargo handling. (c) [Removed and reserved] and paragraphs (b)(1) and (b)(2) would 21. In § 176.69, paragraph (a) would be be revised to read as follows: revised and paragraphs (d) and (e) 24. In § 176.78, paragraphs (a), (d), would be added to read as follows: § 176.54 Repairs Involving welding, (e)(1), (f)(3), and (1)would be revised to burning, and power-actuated tools and § 176.69 General stowage requirements read as follows: appliances. for hazardous materials. * * * * § 176.78 Use of power-operated Industrial * (a) Hazardous materials (except as trucks on board vessels. (b) provided in paragraph (c) of this section (1) The repairs or work are approved and Class 9 (miscellaneous hazardous (a) Power-operatedtrucks. A power- by the COTP under 33 CFR 162.15(c); or materials) materials must be stowed in a operated truck (including a power- (2) Emergency repairs to the vessel's manner that will facilitate inspection operated tractor, forklift, or other main propelling or boiler plant or during the voyage, its removal from a specialized truck used for cargo auxiliaries are necessary for the safety potentially dangerous situation, and the handling) may not be used on board a of the vessel. If such repairs are removal of packages in case of fire. vessel in a space containing a hazardous performed, the master of the vessel must * ft * * * material unless the truck conforms with immediately notify the nearest COTP. the requirements of this section. The (d) Packages of hazardous materials COTP 19. Section 176.57 would be revised to must be secured and dunnaged to may suspend or prohibit the use read as follows: of cargo handling vehicles or equipment prevent movement in any direction. when that use constitutes a safety § 176.57 Supervision of handling and Vertical restraints are not required if the hazard. stowage. shape of the package and the stuffing pattern preclude shifting of the load. materials may be (a) Hazardous (e) Packages of hazardous materials (d) Class 1 (explosive) materials.No handled or stowed on board a vessel must be braced and dunnaged so that it power-operated truck may be used to and only under the direction is not likely to be pierced by the handle Class 1 (explosive) materials or observation of a responsible person dunnage or crushed by a superimposed other cargo in an area near Class I assigned this duty. load. (explosive) materials on board a vessel (b) For a vessel engaged in coastwise except: voyages, or on rivers, bays, sounds or § 176.74 [Amended] lakes, including the Great Lakes when (1) A power-operated truck designated 22. In § 176.74 paragraph (c), the EE or EX. the voyage is not foreign-going, the words "ORM material" would be responsible person may be an employee (2) A power-operated truck designated replaced with the words "Class 9 GS, under of the carrier and assigned this duty by hazardous materials) LPS, D, or DS may be used (miscellaneous acceptable to the COTP. the carrier, or a licensed officer attached materials". conditions to the vessel and assigned by the master 23. In § 176.76, paragraphs (a)(9) and (e) Other hazardous materials.(1) of the vessel. (c) would be removed and reserved, and Only an "EX", "EE", "GS", "LPA", or in a (c) For a domestic vessel engaged the section heading and paragraphs (a) "DS" truck may be used in a hold or foreign-going or intercoastal voyage, the introductory text, (a)(2), and (b) would compartment containing Class 2.1 responsible person must be an officer be revised to read as follows: (flammable gas) materials, flammable possessing an unexpired license issued liquids, Class 4 (flammable solids) by the USCG-and assigned this duty by § 176.76 Transport vehicles, freight materials, or Class 5 (oxidizers or the master of the vessel. containers, and portable tanks containing organic peroxides) materials, cottons or (d) For a foreign vessel, the hazardous materials. other vegetable fibers, or bulk sulfur. responsible person must be an officer of (a) Except as provided in paragraphs * * ft ft f the vessel assigned this duty by the (b) through (f} of this section, hazardous master of the vessel. materials authorized to be transported 20. Section 176.58 would be revised to by vessel may be carried on board a (3) A forklift truck used to handle read as follows: vessel in a transport vehicle or freight small objects or unstable loads must be container, subject to the following equipped with a load backrest extension § 176.58 Preparation of the vessel. conditions (see additional requirements having height,width, and strength (a) Each hold or compartment in concerning the transport of Class 1 sufficient to prevent any load, or part of which hazardous materials are to be (explosive) materials in § § 176.168 it, from falling toward the mast when stowed must be free of all debris before through 176.172 of this subchapter): the mast is in a position of maximum the hazardous materials are stowed. (1) * * * backward tilt. The load backrest Bilges must be examined and all residue (2) All packages in the transport extension must be constructed in a of previous cargo removed. vehicle or freight container must be manner that does not interfere with (b) All decks, gangways, hatches, and secured to prevent movement in any good visibility. cargo ports over or through which direction. Restraint is not required if the hazardous materials must be passed or shape of the packages, loading pattern, (1)Packaging and stowage of fuel on handled in loading or unloading must be and horizontal restraint preclude board a vessel. Division 2.1 (flammable free of all loose materials before cargo vertical movement of the load within the gas) materials and flammable liquids as handling operations begin. freight container or transport vehicle; fuel for industrial trucks must be that creates a fire hazard * * * (c) No debris * * packaged and stowed as authorized in or a hazardous condition for persons (9) [Removed and reserved] 46 CFR 147.60 or 46 CFR 147.45, engaged in handling hazardous respectively. may be on the weather deck of materials to a vessel during loading or unloading (b) A transport vehicle containing 25. Section 176.83 would be revised operations. hazardous materials may be carried read as follows: Federal Register / Vol. 55, No. 98 / Monday, May 21, 1990 / Proposed Rules 20975

§ 176.83 Segregation. water content (e.g., sodium sulphide in i) All hazardous materials within the (a) General.(1) This section applies to Division 4.2 or Class 8). hazard class; and all cargo spaces on deck and under deck (5) Whenever hazardous materials are (ii) All hazardous materials for which on all types of vessels. stowed together, whether or not in a a secondary hazard label of that class is transport unit, the segregation of such (2) Segregation is obtained by required. hazardous materials from others must (8) Notwithstanding paragraphs (a)(6) maintaining certain distances between always be in accordance with the most incompatible hazardous materials or by and (a)(7) of this section, hazardous restrictive requirements for any of the materials of the same class may be requiring the presence of one or more hazardous materials concerned. steel bulkheads or decks between them stowed together without regard to (6) When the § 172.101 Table or required by secondary or a combination thereof. Intervening § 172.402 requires packages to bear a segregation spaces between such hazardous subsidiary hazard label or labels, the hazards if the materials are not materials may be filled with other cargo segregation appropriate to the incompatible. which is not incompatible with the subsidiary hazards must be applied (9) Stowage in a shelter-'tween deck hazardous materials. when that segregation is more restrictive cargo space is not considered to be "on (3) In addition to general segregation than that required by the primary deck" stowage. between classes of hazardous materials, hazard. For the purposes of paragraph (b) GeneralSegregation Table: The there may be a need to segregate a (a)(6) of this section, the segregation following table sets forth the general particular material from other materials requirements corresponding to an requirements for segregation between which would contribute to its hazard. explosive subsidiary hazard are those the various classes of hazardous Such segregation requirements are for Division 1.4 (Class C explosive) materials. The properties of materials indicated by code numbers in Column materials. within each class may vary greatly and 10(c) of the § 172.101 Table. (7) Where, for the purposes of may require greater segregation than is (4) Segregation is not required segregation, terms such as "away from" reflected in this table. If the § 172.101 between hazardous materials of a particular hazard class are used in the Table sets forth particular requirements different classes which comprise the § 172.101 Table, the segregation for segregation, they take precedence same substance but vary only in their requirement applies to: over these general requirements.

TABLE 176.83(b).--GENERAL SEGREGATION REQUIREMENTS FOR HAZARDOUS MATERIALS (Segregation must also take account of a single secondary hazard label, as required by paragraph (a)(6) of this section.] .

1.6 2.3 1 3 14.1 4.2 14.3 15.1 7 8 1 4.

LxpIosves...... Explosives ...... 1.3 Explosives ...... 1.4, 1.6 Flammable gases ...... 2.1 Non-toxic, non-flammable gases ...... 2.2 Poisonous .g.as...... 2.3 Flammable liqui ...... 3 Flammable solids ...... 4.1 Spontaneously combustible substances ...... 4.2 Substances which are dangerous when wet ...... 4.3 Oxidizing substances ...... 5.1 Organic peroxides...... 5.2 Poisons ...... -.-...... 6.1 Infectious substances. ... 6.2 Radioactive materials ...... - 7 Corrosives ...... 8 Miscellaneous dangerous substances ...... 9

Numbers and symbols relate to the following terms as defined in paragraph (c)of this section: 1--"Away from." 2-"Separated from." 3-"Separated by a complete compartment or hold from." 4-"Separated longitudinal by an intervening complete compartment or hold from." x-The segregation, if any, is shown in the § 172.101 Table. *-See § 176.144 of this Part Io sgregaton within Class 1.

(c) Segregationrequirements for breakbulk cargo. (1) The requirements of this paragraph apply to the ...... segregation of packages containing (B) Pakage cntainig.incopatibl hazardous materials and stowed as .goo....s.. breakbulk cargo; (2) Definition of the segregation terms: (C) Deck resistant to fire and liquid. (i) Legend: (A) Reference package. 20976_v_ Federal Register / Vol. 55, No. 98 / Monday, May 21, 1990 / Proposed Rules 20976 complete compartment or hold) is (d) Segregationin transport units: acceptable. For "on deck" stowage, this Two hazardous materials for which any Note: Full vertical lines represent segregation means a separation by a segregation is required may not be transverse bulkheads between compartments distance of at least 12 meters (39 feet) stowed in the same transport unit. or holds resistant to fire and liquid. horizontally. The same distance must be (e) Segregation of hazardous (ii) "A way from": Effectively applied if one package is stowed "on materials stowed as breakbulk cargo segregated so that the incompatible deck" and the other one in an upper from those packed in transportunits: materials cannot interact dangerously in compartment. (1) Hazardous materials stowed as the event of an accident but may be breakbulk cargo must be segregated carried in the same compartment or hold from materials packed in open transport or on deck provided a minimum 2 >'1 units in accordance with paragraph (c) separation of 3 meters (10 horizontal Lii- of this section. feet) projected vertically is obtained. Iii (2) Hazardous materials stowed as breakbulk cargo must be segregated packed in closed freight HH..... from materials ( s .e nlo1e) containers in accordance with _ I--L_ -. I-- paragraph (c) of this section, except that: (i) Where "away from" is required, no segregation between packages and the close transport units is required; and (ii) Where "separated from" is required, the segregation between the Note: One of the two decks must be packages and the closed transport units resistant to fire and liquid. may be the same as for "away from". (iii) "SeparatedFrom" In different (v) "Separatedlongitudinally by an (f) Segregation of containerson board compartments or holds when stowed intervening complete compartment or containervessels: under deck. If the intervening deck is holdfrom": Vertical separation alone (1) This paragraph applies to the resistant to fire and liquid, a vertical does not meet this requirement. Between segregation of freight containers which separation (i.e., in different a package "under deck" and one "on are carried on board container vessels, compartments] may be accepted as deck" a minimum distance of 24 meters or on other types of vessels provided equivalent to this segregation. For "on (79 feet) including a complete these cargo spaces are properly fitted deck" stowage, this segregation means a 6 compartment must be maintained for permanent stowage of freight separation by a distance of at least For "on deck" stowage, transport. horizontally. longitudinally. containers during meters (20 feet) this segregation means a separation by a (2)( For container vessels which have distance of at least 24 meters (79 feet] cargo spaces used for breakbulk cargo longitudinally. or any other method of stowage, the appropriate paragraph of this section U I<. 24 a Including Inter-> applies to the relevant cargo space. vening compart'ment I (3) Segregation Table: The Segregation for Freight Containers Table sets forth the general requirements for -F.::: --t segregation between freight containers on board container vessels. (4) in the Segregation for Freight H...-. Containers Table, a "container space" means a distance of not less than 6 (iv) "Separatedby a complete meters (20 feet) fore and aft or not less compartment or hold from" Either a than 2.5 meters (8 feet) athwartship. vertical or horizontal separation. If the intervening decks are not resistant to a longitudinal fire and liquid, then only ______* 4 separation (i.e., by an intervening Federal Register / Vol. 55, No. 98 / Monday, May 21, 1990 /.Proposed Rules 20977

TABLE 176.83(f).-SEGREGATION FOR FREIGHT CONTAINERS TABLE

Vertical Horizontal Segregaton Close Oten Closed versus closed Closed versus onen Ooen versus open requirement Closed versus ve ve open open On deck Under On deck Under On deck Under ack on OeK O kecK deck

1 "Away from"..-.. One on top of the Open on Not in the Fore and No No No No One One other permitted. top of same Aft. restric- restric- restric- restric- contain- contain- closed vertical tion. tion. tion. tion. er space. er space permitted. line or one unless bulk- segregat- head. ed by a deck. Otherwise Athwart- No No No No One One as for ships. restric- restric- restric- restric- contain- contain- open tion. tion. tion. tion. er space. er versus space. open. 2 "Separated ...... As for Not in the Fore and One One One One One One from". open same aft. contain- contain- contain- contain- contain- contain- versus vertical er space. er space er space. er space er space. er open. line or one or one space. unless bulkhead. bulkhead. segregat- ed by a deck. Athwart- One One One Two Two One ships. contain- contain- contain- contain- contain- bulk- er space. er space. er space. er er head. spaces. spaces. 3 Separated by ...... Fore and One One One One Two Two a complete aft. contain- bulkhead. contain- bulkhead. contain- bulk- compartment or er space. er space, .er heads. hold from". spaces. Athwart- Two One Two One Three Two ships, contain- bulk- contain- bulkhead. contain- bulk- er head.. er er heads. spaces. spaces. spaces. 4 "Separated Prohibited ...... Prohibited ... Prohibited .... Fore and Four One Four Two Four Two longitudinally by aft, contain- bulkhead contain- bulk- contain- bulk- an intervening er and four er heads. er heads. complete spaces. contain- spaces. spaces. compartment or er hold from". spaces*. Athwart- Prohibited.... Prohibited.... Prohibited.... Prohibited.... Prohibited.... Prohibited. ships.

Containers not less than 6 meters (20 feet) from intervening bulkhead. NOTE: All Dulkneaos and decks must oe resistent to fire ano liqulo.

(g) Segregationof transportunits on (2) For trailerships which have spaces Trailerships and Trainships table sets board trailerships: suitable for breakbulk cargo, containers, forth the general requirements for (1) The requirements of this paragraph or any other method of stowage, the segregation between transport units on apply to the segregation of transport appropriate paragraph of this section board trailerships. units which are carried on board applies to the relevant cargo space. trailerships or in "roll-on/roll-off" cargo (3) Segregation Table: The spaces. Segregation of Transport Units on Board

TABLE 176.83(g).-SEGREGATION OF TRANSPORT UNITES ON BOARD TRAILERSHIPS AND TRAINSHIPS

Closed versus closed Closed versus ooen Oen versus ooen On deck [ Under deck On deck Under deck On deck Under deck

1 "Away from" ...... Fore and alt...... No restriction. No restriction ...... No restriction. No restriction ...... At least 3 meters. At least 3 meters Athwart-ships .... No restriction. No restriction. No restriction. No restriction ...... At least 3 meters. At least 3 meters 2 "Separated from ...... Fore and aft . At least 6 meters.. At least 6 meters At least 6 meters.. At least 6 meters At least 6 meters. At least 12 or one or one meters or one bulkhead. bulkhead. bulkhead Athwart-ships .... At least 3 meters.. At least 3 meters At least 3 meters.. At least 6 meters At least 6 meters. At least 12 or one or one meters or one bulkhead. bulkhead. bulkhead 3 "Separated by a complete Fore and aft. At least 12 At least 24 At least 24 At least 24 At least 36 Two decks or compartment or hold from". meters. meters+deck. meters. meters+deck. meters. two bulkheads Athwart-ships At least 12 At least 24 At least 24 At least 24 At least 36 Prohibited meters. meters+deck. meters. meters+deck. meters. 20978 Federal Register / Vol. 55, No. 98 / Monday, May 21, 1990 / Proposed Rules

TABLE 176.83(g).-SEGREGATION OF TRANSPORT UNITES ON BOARD TRAILERSHIPS AND TRAINSHIPS-Continued

Closed versus closed Closed versus open Ooen versus open On deck Under deck On deck Under dock On deck Under deck

4 "Separated longitudinally Fore and aft ...... At least 36 Two bulkheads At least 36 At least 48 At least 48 Prohibited by an intervening complete meters. or at least 36 meters. meters meters. compartment or hold from". meters+two Including two decks. bulkheads. Athwart-ships .... Prohibited. Proibited ...... Prohibited ...... Prohibited . Prohibited ...... Prohibited

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

(h) Segregation on boardbarge- stowed to give the maximum possible Note Provision carrying vessels: separation. (1) The requirements of this section 26. In § 176.84, as proposed at 52 FR 5E ...... Cargo vessel, under deck, Magazine, apply to the segregation in shipborne 42989 on November 6, 1987, paragraph Type B. barges as well as to the segregation 6E ...... Cargo vessel, under deck, Magazine, (c) would be added to read as follows: Type C. between shipborne barges carried on 7E ...... Cargo vessel, under deck, Ordinary board vessels specially designed and § 176.84 Other requirements for stowage Stowage. equipped to carry such barges. and segregation for cargo vessels and 8E ...... Cargo vessel, under deck, Special (2) On barge-carrying vessels which passenger vessels. Stowage. 9E ...... Passenger vessel, stowage as for incorporate other stowage spaces or any cargo vessel. other method of stowage, barges (c) Provisionsfor the stowage of Class 1OE ...... Magazine, Type B, if in effectively containing hazardous materials must be 1 (explosive) materials: sealed dusi-tight packages; other- segregated from hazardous materials not (1) The stowage provisions of wise, Magazine, Type A. 11E ...... On-deck portable magazine must be stowed in barges as prescribed in § 172.101 Table notwithstanding, small steel. paragraphs (b) and U)of this section. quantities of prohibited Class I 12E ...... Stowage as specified by Compet6nt (i) Segregationin shipborne barges: (explosive) materials, except Class 1 Authority. Hazardous materials transported in (explosive) materials in compatibility 13E ...... On deck, in containers not exceeding shipborne barges must be segregated as H, K, and L, may be 2.5t gross per container or group. groups A, J, There may not be more than 2 such prescribed in paragraphs (a), (b), and (c) transported on passenger vessels in containers or groups; they must be of this section. accordance with § 176.166 of this part. separated from each other, and from j) Segregation between shipborne Where so permitted, these Class I any other explosive substance or ar- barges on barge-carryingvessels: ticle by at least 9 m. Containers or (explosive) materials must be stowed in groups must be at least 9 m from (1) When a shipborne barge is loaded the same manner as is required for cargo the bridge or accommodation. with two or more hazardous materials vessels. 14E ...... On deck, in steel portable magazines with different requirements for (2) Unless specified otherwise in or steel freight containers. segregation, the most stringent 15E ...... On-deck, containers must be leak- column 10(c) of the § 172.101 Table, proof. applicable segregation requirement must explosive substances and articles which 16E ...... On deck, in containers or sheeted be applied. require magazine stowage ("6" in stacks. The gross weight of each (2) "Away from" and "separated column 10(a) of the Table) must be stack or group of containers may not exceed 2.5t. There may not be more from" require no segregation between stowed as follows: shipborne barges. than 2 stacks or groups of contain- (3) For barge-carrying vessels with (i) On deck: in containers or the like. ers; they must be separated from (ii) Under deck: in magazines, Type B. each other, and from any other ex- vertical holds, "Separated by a complete plosive substances or articles by at compartment or hold from" means that (3) Unless otherwise specified in least 9m. Stacks or containers must separate holds are required. On barge- column 10(c) of the § 172.101 Table, be at least 9 m from the bridge or explosive substances and explosive accommodation. carrying vessels having horizontal barge 17E ...... On deck stowage is recommended. levels, separate barge levels are articles which are not required to be 18E ...... For international shipments, stow In required and the barges may not be in stowed in magazines ("1, 2" in column the same manner as is required for the same vertical line. 10(a) of the Table) must be stowed as "cartridges for weapons' inert pro- follows: jectile" UN012, Class 1.4S. [4) "Separated longitudinally by an 19E ...... Substances which contain ammonium intervening complete compartment or (i) On deck: in containers or the like. nitrate or other ammonium salts hold from" means, for barge-carrying (ii) Under deck: ordinary stowage. must be stowed "away from" Explo- vessels with vertical holds, that (4) The following notes in column sives, Blasting. Type C, UN 0083. 20E ...... Stow in accordance with separation by an intervening hold or 10(c) of the § 172.101 Table apply to the § 172.84(c)(5). engine room is required. On barge- transport of Class I (explosive) 21E ...... Cargo space ventilation must be care- carrying vessels having horizontal barge materials by vessel: fully controlled to avoid excessive levels, separate barge levels and a condensation. 22E ...... May not be stowed together with ex- longitudinal separation by at least two Note [ Provision plosive substances containing am- intervening barge spaces are required. monium nitrate or other ammonium salts. (k) Segregation requirementsfor ferry IE...... Cargo vessel, on deck, in containers or 23E ...... Segregate from other Class 1 (explo- vessels. A ferry vessel (when operating the like. sive) materials in the same manner 2E ...... Cargo vessel, on deck, in portable either as a passenger or cargo vessel) as is required for flammable liquids. that cannot provide the separation magazines. 3E ...... Cargo vessel, on deck, secured to the required in this section may carry vessel's structure. incompatible hazardous materials in 4E ...... Cargo vessel, under deck, Magazine, (5) Explosive articles designated by separate transport vehicles if they are Type A. special provision "20E" in column Federal Register / Vol. 55, No. 98 / Monday, May 21, 1990 / Proposed Rules 20979

10(c) of the § 172.101 Table must be However, a barge loaded with these (3) All drafts, beams, shackles, stowed as follows: materials being placed on, removed bridles, slings, and hoods must be (i) Projectiles for guns, cannon, or from, or handled on board a barge manually, freed before the winch takes mortars: carrying vessel is not subject to these control. (A) On deck in containers or the like. permit requirements. (4) Slings may not be dragged from (B) Under deck: ordinary stowage. 34. Subpart G would be revised to under a draft by winching except for the (ii) All other types: read as follows: topmost layer in the hold when power (A) On deck: in steel portable removal is the only practical method magazines or steel portable magazines Subpart G-Detalled Requirements for and when the cargo cannot be toppled. which are capable of preventing leakage Class 1 (Explosive) Materials (5) Handles or brackets of their contents. on packages § 176.100 Permit for Division 1.1 and 1.2 in (B) Underdeck: Special stowage. a draft may not be used for slinging (Class A and Bexplosive) materials. purposes.. § 176.90 [Amended] Before Division 1.1 and 1.2 (Class A (d) A combination woven rope and 27. In § 176.90, the word "explosive" and B explosive) materials may be wire sling or a sling that is formed by would be revised to read "Class 1 discharged from, loaded on, handled or use of an open hook may not be used in (explosive) material" both places it restowed on board a vessel at any place handling Class I (explosive) materials. appears. in the United States, the carrier must (e) Only a safety hook or a hook that obtain a permit from the COTP. has been closed by wire may be used in § 176.91 [Amended] Exceptions to this permit requirement handling drafts of Class 1 (explosive) 28. In § 176.91, the words "six gallons" may be authorized by the COTP. materials. would be revised to read "23 liters (six § 176.102 Supervisory (f) Wire rope or wire rope assemblies, gallons)". detail. (a) Except as provided in paragraph including splices and fittings, used in § 176.92 [Amended] (c) of this section, the COTP may assign handling Class 1 (explosive) materials, must 29. In § 176.92, the words "compressed a USCG supervisory detail to any vessel be unpainted and kept bare to gas" would be revised to read "Class 2 to supervise the loading, handling or permit inspection of their safe working (compressed gas) material". unloading of Class I (explosive) condition. A mechanical end fitting 30. In § 176.93, paragraph (a) materials. (pressed fitting) may be used in place of introductory text would be revised to (b) The owner, agent, charterer, an eye splice, if the efficiency of the read as follows: master or person in charge of the vessel, mechanical end fitting is at least equal and all persons engaged in the handling, to the efficiency of an eye splice § 176.93 Vehicles having refrigerating or prepared as prescribed in 29 CFR heating equipment loading, unloading, and stowage of Class 1 (explosive) materials shall obey 1918.51(c)(1). (a) A transport vehicle fitted with all orders that are given by the officer in (g) Packages of Division 1.1 and 1.2 refrigerating or heating equipment using charge of the supervisory detail. (Class A and B explosive) materials a flammable liquid or Division 2.1 (c) If Class I (explosive) materials are which are not part of a palletized unit (flammable gas) material, or diesel oil as loaded onto or unloaded from a vessel mustbe loaded and unloaded from a fuel, may be transported on a ferry at a facility operated or controlled by vessel using a chute or conveyor as vessel. However, the refrigerating or the Department of Defense, the described in § 176.163, or a mechanical heating equipment may not be operated Commanding Officer of that facility may hoist and a pallet, skipboard, tray, or pie while the vehicle is on the vessel, unless decline the USCG supervisory detail. plate fitted with a cargo net or the equipment complies with the Whenever the supervisory detail is sideboards. following requirements: declined, the Commanding Officer of the (h) Packages of Division 1.1 and 1.2 facility shall ensure compliance with the (Class A and B explosive) materials 31. Section 176.96 would be revised to regulations in this part. must be loaded or unloaded in read as follows: accordance with the following: § 176.104 Loading and unloading Class 1 (1) A cargo net with a pallet, § 176.96 Materials of construction. (explosive) materials. skipboard, tray, or pie plate, must be Barges used to transport hazardous (a) Packages of Class 1 (explosive) loaded so that a minimum displacement materials must be constructed of steel. materials may not be thrown, dropped, of packages occurs when it is lifted. § 176.98 [Amended] rolled, dragged, or slid over each other (2) A cargo net must completely or over a deck. encompass the bottom and sides of the 32. In § 176.98, the words "Column (b) When Class (7)" would be changed to "Column (10)". I (explosive) draft. The mesh of the cargo net must be 33. Section materials are stowed in a hold below of a size and strength that will prevent a 176.99 would be revised to one in which any read as follows: cargo is being handled, package in the draft from'passing the hatch in the deck dividing the two through the net. § 176.99 Permit requirements for certain holds must have all covers securely in (3) When a tray is used in handling hazardous materials. place. packages, no package may extend more The permits required by §§ 176.100 (c) Drafts of Class 1 (explosive) than one-third its vertical dimension and 176.415 for loading, unloading, and materials must be handled in above the sideboard of the tray. handling Division 1.1 and 1.2 (Class A accordance with the following: (i) A landing mat must be used when a explosive) materials, Division 1.5 (1) A draft may not be raised, draft of Division 1.1 or 1.2 (Class A and (blasting agents) materials, ammonium lowered, or stopped by sudden B explosive) materials is deposited on nitrate and certain ammonium nitrate application of power or brake. deck. The landing mat must have mixtures and fertilizers must be (2) A draft may not be released by dimensions of at least 1 meter (3 feet) obtained before these materials may be tripping or freeing one side of-the cargo- wide, 2 meters (6 feet) long, and 10 cm (4 loaded on, unloaded from, or handled on handling equipment and tumbling the inches) thick, and be made of woven board a barge or barge carrying vessel. Class I (explosive) materials off. hemp, sisal, or similar fiber, or foam 20980, Federal Register / Vol. 55, No. 98 / Monday, May 21, 1990 / Proposed Rules

rubber, polyurethane or similar resilient § 176.116 General stowage conditions for (2) There must be a permanent A material. Class 1 (explosive) materlals. Class steel bulkhead between any (j) In addition to the other (a) Heat and sources of ignition:(1) accommodation space and any requirements of this section, packages of Class I (explosive) materials must be compartment containing Class 1 Division 1.1 and 1.2 (Class A and B stowed in a cool part of the. ship and (explosive) materials. Divisions 1.1 and explosive) materials must be handled in must be kept as cool as practicable 1.2 (Class A and B explosive) materials, accordance with the following: while on board. Stowage must be well 1.3 (Class B explosive) materials, or 1.5 () Packages may not be loaded or away from all sources of heat, including (blasting agents) materials may not be unloaded through a hatch at the same steam pipes, heating coils, sparks, and stowed within 3 meters (10 feet) of this time that other cargo is being handled in flame. bulkhead; in the decks Immediately any (2) Except where Class I (explosive) above or below an accommodation hold served by that hatch. materials are transported in closed (2) Packages may not be loaded or space they must be stowed at least 3. freight containers or portable steel units, meters (10 feet) from the line of this unloaded from the same hatch by using compartments containing Class 1 two pieces of cargo equipment unless bulkhead projected vertically. (explosive) materials must be provided (3) There must be a permanent A the equipment is positioned at the with suitable means of arresting a flash. forward and aft ends of the hatch. Class steel bulkhead between a All ventilation shafts must be protected compartment containing Class 1 (3) Packages may not be lifted over by single metallic gauze not less than Class (explosive) materials and any I (explosive) materials or other 140 mesh per sq cm (30 x 30 mesh), or machinery space. Class 1 (explosive) hazardous materials. double gauze not less than 62 mesh per materials, except those in Division 1.4 sq cm (20 x 20 mesh) at the end remote (4)The height of any structure, (Class C explosive), may not be stowed from the compartment. The screen must equipment, or load on a deck over which within 3 meters (10 feet) of be positively attached to ensure secure this packages must be lifted may not be bulkhead; and in the decks above or fitting. higher than the hatch coaming or below the machinery space they must (3) Except where the be bulwark, or I meter (3 feet), whichever consignment of stowed at least Class 1 (explosive) materials consists 3 meters (10 feet) from is greater. the line of this bulkhead projected (k) Unpackaged explosive devices only of explosive articles,the wearing of shoes or boots with unprotected metal vertically. In addition to this separation, may not be handled by their lifting lugs there must be insulation to Class A60 or suspension nails, heels, or tips of any kind. is lugs. prohibited. standard as defined in 46 CFR 72.05- (1) A chute may not be used when (b) Wetness: (1) Spaces where Class 1 10(a)(1) if the machinery space is one of loading or unloading Class I (explosive) (explosive) materials are stowed below Category 'A' unless the only Class 1 materials in compatibility group A or-B. deck must be dry. In the event of the (explosive) materials carried are in contents of packages being affected by Division 1.4S (Class C explosive). § 176.108 Supervision of Class 1 (4) Where Class 1 (explosive) (explosive) materials handling and stowage. water when on board immediate advice must be sought from the shippers; materials are stowed away from (a) During the handling and stowage pending this advice handling of the bulkheads bounding any of Class 1 (explosive) materials, a packages must be avoided. accommodation space or machinery responsible person shall be. in constant (2);Bilges and bilge, sections must be space, the intervening space may be attendance during the entire operation examined and any residue of previous filled with cargo that is not readily to direct the handling and stowage of cargo removed before Class 1 materials combustible. Class I (explosive) materials, including (explosive) are loaded onto the vessel. § 176.118 Electrical requirements. the preparation of the holds. The (cl Security: All compartments,. responsible. person must be aware of the magazines. and transport units (a) Electrical equipment and cables hazards involved and the steps to be containing Class 1 (explosive) materials installed in compartments in which taken in an emergency, and must must be locked or suitably; secured in Class 1 (explosive) materials are stowed maintain sufficient contact with the order to prevent unauthorized access. which do not need to be energized master to ensure proper steps are taken (d) Secure stowage: Class I (explosive) during the voyage must be isolated from in. an emergency. materials must be securely stowed to the supply so that no part of the circuit (b) Each person involved in the prevent movement in transit; where within the compartment is energized. handling of Class 1 (explosive) materials necessary, precautions must be taken to The method of isolation may be by on a vessel shall obey the orders.of the prevent cargo sliding down between the withdrawal of fuses, opening of responsible person. frames at the ship's sides. switches or circuit breakers, or (e) Separationfrom Accommodation, disconnection from bus bars. The Stowage, Spaces and Machinery Spaces: means, or access to the means, of' Class I (explosive) materials must be disconnection/reconnection must be § 176.112 Application of stowage stowed' as far away as practicable from secured by a locked padlock under the provisions. any accommodation spaces or any control of a responsible person. (a) The provisions of § § 176.116(e), machinery space and may not be (b) Electrical equipment and cables in 176.118, and 176.120 of this subpart do stowed directly above or below such a a cargo space in which Class 1 not apply to Division 1.4 (Class C space. The requirements in paragraphs (explosive) materials are stowed which explosive] materials, compatibility (e)(2) through (e)(4) of this section are are energized during. the voyage for the group S. Such materials may be stowed minimum requirements in addition to the safe operation of the ship must meet the together with all other Class 1 applicable requirements of 46 CFR requirements of Subchapter J of 46 CFR (explosive) materials except those of chapter I. Where the requirements of chapter . Before Class I (explosive) compatibility group.A or L. They must this subpart are less stringent than, those materials are loaded aboard a vessel, all be segregated from other hazardous of 46 CFR chapter I, the 46 CFR chapter 1 cables must be tested by a skilled materials in accordance with Table requirements must be satisfied for ships person to ensure that they are safe and 176.83(b) of this part. to which they are applicable. to determine satisfactory grouping, Federal Register / Vol. 55, No. 98 / Monday, May 21, 1990 / Proposed Rules 20981 insulation resistance, and continuity of "Explosive Substances, n.o.s." in (2) Battening of the vessel's sides, the cable cores, metal sheathing or compatibility groups G, L, or S. bulkheads, and stanchions is not armoring. Magazine stowage type A is required for required. (c) Alf Class 1 (explosive) materials those substances which must be kept (b) A compartment may be used for must be stowed in a safe position clear of steelwork. All other explosive magazine stowage type B without a relative to electrical equipment and substances must be given magazine magazine structure provided that: cables. Additional physical protection stowage type B, except those in (1) The Class 1 (explosive) materials must be provided where necessary to compatibility group A for which are stowed on wooden gratings, pallets, minimize possible damage to the magazine stowage type C is prescribed. or dunnage, directly on the deck and not electrical equipment or cables, (c) Magazine stowage type B is on other cargo; especially during loading and unloading. required for Charges, propelling, for (2) Other cargo stowed in the same (d) Cable joints in the compartments cannon, UN0279, UN0414, and UN0242, compartment is not readily combustible must be enclosed in metal-clad junction and Charges, supplemental, explosive, material; and boxes. UN0600, in compatibility group C or D; (3) The position of the stowage is such (e) All lighting equipment and cables and magazine stowage type C is that there is direct access to the must be of the fixed type and must meet required for detonators and similar hatchway. the relevant inspection, test, and articles in divisions and compatibility installation standards of 46 CFR chapter (c) Class I (explosive) materials and group 1.1B and 1.213 (Class A and B other cargo in the same compartment I, subchapter J. explosive). must be secured to eliminate the § 176.120 Lightning protection. § 176.130 Magazine stowage type A. possibility of significant movement. A lightning conductor grounded to the Where an entire deck is used as a (a) In addition to protecting the Class 1 magazine, the stowage must be so sea must be provided on any mast or (explosive] materials and preventing similar structure unless effective arranged that the Class I (explosive) unauthorized access, magazine stowage materials stowed therein will be electrical bonding is provided between type A guards against friction between the sea and the mast or structure from removed from the ship before working any spilled contents of packages and the any cargo in any decks above or below its extremity and throughout to the main vessel's sides and bulkheads. the space in the same hatch. body of the hull structure. Steel masts in (b) Class 1 (explosive) materials ships of all welded construction comply requiring magazine stowage type A must § 176.133 Magazine stowage type C. with this requirement. be stowed in a magazine which is tightly The construction requirements for § 176.122 Stowage arrangements under sheathed with wood on its inner sides magazine stowage type C are the same deck. and floor. as for magazine stowage Type B as When stowed under deck, Class 1 (c) When utilized as part of the prescribed in § 176.132 of this subpart, (explosive] materials must be in magazine structure, the vessel's sides except that the magazine must be conformance with one of the three and bulkheads must be clean, free from located as near as practicable to the stowage arrangements described in rust or scale, and protected by battening centerline of the vessel and must not be § § 176.124 through 176.136 of this or sweatboards spaced not more than closer to the vessel's side than a subpart. 150 mm (6 inches] apart. All stanchions distance equal to one-eighth of the and other unprotected structural vessel's beam or 2.5 meters (8 feet) § 176.124 Ordinary stowage. members must be similarly clean and whichever is less. (a) Ordinary stowage is authorized for battened. The underside of the deck most explosive articles carried by above the magazine must be clean and § 176.134 Vehicles. vessels. The exceptions are those for free of rust and scale, but need not be Closed vehicles may be used to which this subpart prescribes battened. "magazine" or "special" transport Class I (explosive) materials stowage. (d) The top of the stow within the requiring magazine stowage by vessel if (b) Class 1 (explosive) materials magazine must be at least 30 cm (12 they meet the requirements of the requiring ordinary stowage must be inches) from the underside of the deck appropriate magazine stowage type. See stowed in accordance with § 176.116 of above. § 176.168 of this subpart for additional this subpart. (e) A type A magazine constructed in requirements relating to the transport of § 176.128 Magazine stowage, general. the square of a cargo space may not be Class I (explosive) materials in vehicles. loaded from the top. (a) Magazine stowage is sub-divided § 176.136 Special stowage. into three different types of magazines (f) When other Class I (explosive] designated by the letters A, B, and C. A materials are stowed with Class 1 (a) Special stowage is required for magazine may be a fixed structure in the (explosive] materials for which certain articles presenting both vessel, a closed freight container, or a magazine stowage type A is required, explosive and chemical hazards, such as portable magazine unit. Freight they or their packagings may have no smoke or lachrymatory (compatibility containers, portable magazines, and exposed external parts made of ferrous group G or H), toxic (compatibility group vehicles must be properly secured in metal or aluminum alloy. K), or substances and articles which present a special risk (compatibility position. Magazines may be positioned Magazine stowage type B. in any part of the vessel conforming to § 176.132 group L). Class 1 (explosive) materials the general stowage conditions for Class (a) Magazine stowage type B is the requiring special stowage must be I (explosive) materials, except same as magazine stowage type A as stowed on deck unless such stowage is magazines which are fixed structures prescribed in § 176.130 of this subpart, impracticable and the COTP authorizes must be constructed in a location in except: special stowage below deck. which their doors, where fitted, are (1) The floor need not be tightly (b) Class 1 (explosive) materials for easily accessible. sheathed with wood but must be which special stowage is required must (b) Magazine stowage is required for sparred or protected by wooden pallets, be stowed as far away as practicable all explosive substances, except or dunnage; and from living, accommodation, and 20982 Federal Register / Vol. 55, No. 98 / Monday, May 21, 1990 1 Proposed Rules working areas, and may not be (6) If the portable magazine has a, door chlorates, provided the mixed stowage overstowed. Steel portable magazines or hinged cover, the door or-cover must is treated as' blastihgexplosives (see and freight containers in which such, have a strong hasp and padlock or § 176.410(e)). Class I (explosive) materials are stowed equally effective means of securing, (7): The portable magazine must § 176.142 Hazardous materials of extreme may not be located-closer to the vessel's be flammability. side than a distance equal to one-eighth marked on its top and four sides,. in of the vessel's beam or 2.5 meters (8 letters at least 8 cm (3 inches) high, as (a): Except as allowed by paragraph feet), whichever is less. follows: "EXPLOSIVES--HANDLE (b) of this section, certain hazardous (p),Explosive articles having U.N. CAREFULLY-KEEP LIGHTS AND FIRE materials of extreme flammability may number 0015, 0016, 0018, 0019, 0301, or AWAY" not be transported in a vessel carrying. 0303 may be given ordinary stowage in.a (b) A portable magazine which meets Class I (explosive) materials. This lower hold or 'tween deck, Other Class 1 the requirements for a type 2 or type 3 prohibition applies to the following. (explosive) materials in compatibility magazine under 27 CFR Part 55 subpart hazardous materials: groups G and H may be in open stowage K may be used' for the stowage of Class .1 (explosive) materials on board vessels. out to the ship's side on a floodable Carbon disulfide ...... UN 1131, Class 3.1 lower hold or deep tank in such a (c) A portable magazine with a Diethyl Zinc ...... UN 1366 Class 4.2' position that other cargo cannot-be capacity exceeding 3.1 cubic meters (110 Dimethyl Zinc ...... UN 1370 Class 4.2 contaminated by leakage; in all other cubic feet) may be used for the stowage Magnesium Alkyls-..... UN 3053, Class,4.2 cases such Class I (explosive) materials of Class I (explosive) materials under Nickel Carbonyl ...... UN 1259 Class 6.1 must be stowed in steel portable such construction, handling, and Pyrophoric Liquids, UN 2845 Class 4.2 magazines or in freight containers. If a' stowage requirements as the COTP n.o.s. freight container is used for this approves. purpose, the floor ofthe freight § 176.138 Deck stowage. container must be leakproof; for (b) The hazardous materials listed in example, an all-metal container may be (a) Class I (explosive) materials paragraph (a) of this section may be used and a fillet of cement or other stowed on deck must be carried as close transported in a vessel carrying the. material worked across the bottom of to the vessel's centerline as practicable. following Class I (explosive) materials the door opening. (b) Class I (explosive) materials may as cargo: (d) Class I (explosive) materials not be stowed within a horizontal (1) Division 1.4 (Class C explosive) stowed in one compartment may not be distance of 6 meters (20 feet) from any materials, compatibility group S. of more than one compatibility group; fire, machinery exhaust, galley uptake, (2), Explosive articles having the except the COTP may allow' Class I locker used for combustible stores, or following proper shipping names and (explosive) materials of compatibility other potential sources of ignition. They identification numbers (see column (4) groups G and-H in separate steel must be clear of walkways and cargo of the § 172.101 Table) if designed for working areas, fire hydrants, steam portable magazines to be stowed in the and means of access, away from lifesaving purposes and their total net same compartment, not less than 3 pipes, explosivemass (weight) does not meters (10 feet) apart. all, other facilities necessary for the safe exceed 50 kg (112 lbs) per vessel: (e) Class I (explosive) materials in working of the vessel, and not less than a horizontal distance of 8 meters (26 (i) ARTICLES, PYROTECHNIC: U.N. compatibility groups K and L must be Nos. 0428, 0429, 0430, 0431. magazine feet) from the bridge, accommodation stowed in a steel portable areas, and lifesaving appliances. (ii) CARTRIDGES, FLASH: U.N. Nos. regardless of the stowage position in the (c) Where vessels are fitted with 0049; 0050. vessel. container fastening arrangements, (iii) CARTRIDGES,. SIGNAL: U.N. Nos. §176.137 Portable magazine. freight containers, containing Class 1. 0054, 0312. (a),Each portable magazine used for (explosive) materials may be (iv) SIGNAL DEVICES, HAND: U.N.. No. the stowage of Class I (explosive) overstowed by containers of compatible 0191. materials on board vessels must meet Class 1 (explosive) materials or' non- (v) SIGNALS, DISTRESS: U.N. Nos. the following, requirements: hazardous cargo. Where vessels are not 0194, 0195. fitted with container fastening (1) It must. be weather tight,. (vi) SIGNALS, SMOKE: U.N. Nos. 0198, constructed of wood or metal lined with arrangements, freight containers loaded with Class I (explosive) materials may 0197.0313. wood at least 2 cm (3/4 inch) thick, and I (explosive) materials in with a capacity of no more.than 3.1 be stowed only on the bottom tier of'the (3) Class (110 cubic feet). stowage. compatibility groups C, D, and E if the cubic meters total net explosive mass (weight) does. (2) All inner surfaces must be smooth Segregation and free of any protruding nails, screws. not. exceed 10 kg (22 pounds) per vesseL or other projections, § 176.140 Segregation from other classes (4) Explosive articles in compatibility (3)}If constructed of wood, a portable of hazardous materials. group G, except fireworks and Class I magazine must be framed of nominal 5 (a): Class 1 (explosive) materials must (explosive) materials requiring special cm X 10cm (2 X 4 inch) lumberi and- be segregated from other packaged stowage if the total net explosive mass sheathed with nominal Z cm (3/4 inch) hazardous materials in accordance with (weight) doesnot exceed lOkg (22. thick boards orplywood. § 176.83. pounds) per vessel. (4) When constructed of metal, the. (b) Class I (explosive) must be (c) When, a.vessel carrying Class 1 metal must be not less than. 32,mm (1/8 segregated from bulk solid dangerous (explosive) materials allowed under inch) thick. cargoes in accordance with the General paragraph (b} of this section also carries (5) Runners, bearers, or skids must be Introduction to the IMDG Code. a hazardous material of extreme provided to elevate the magazine at Notwithstanding. § 176.83(b); ammonium flammability, that hazardous material least 10 cm (4 inches) from the deck. nitrate and sodium nitrate may be, must be stowed in a part of the vessel' as. Padeyes, ring bolts, or other suitable stowed together with blasting remote as: practicable from the Class I means must be provided for securing. explosives, except those containing! (explosive) materials. Federal' Register / Vol. 55, No. 98 /'Monday, May 21, 1990 / Proposed Rules 20983

§ 176.144 Segregation of Class I divisions and/or stowage arrangements magazine stowage, Class 1 (explosive) (explosive) materials. is carried within a compartment, materials requiring ordinary stowage (a) Class I (explosive) materials may magazine, or transport unit, the entire may be stowed in the same magazine. be stowed within the same load must be treated as belonging to the When the magazine is used for compartment, magazine, portable hazard division having the greatest substances requiring Type A stowage, magazine, or transport unit as indicated hazard (for example, if a load of the other Class I (explosive) materials in Table 176.144(a). Division 1.1 (Class A explosive) stowed therein must have no exposed (b) Where Class I (explosive) materials is mixed with Division 1.3 parts of ferrous metals or aluminum materials of different compatibility (Class B explosive) materials, the load .alloy, unless separated by a partition. groups are allowed to be stowed in the would be treated as a Division 1.1 (Class (e) Segregation on deck: When Class 1 same compartment, magazine, portable A explosive)) material as defined in (explosive) materials in different magazine, or transport unit, the stowage § 173.50(b) of this subchapter and the compatibility groups are carried on arrangements must conform to the most stowage must conform to the most deck, they must be stored not less than 6 stringent requirements for the entire stringent requirements for the entire meters (20 feet) apart unless they are load. load. allowed under Table 176.144(a) to be (c) Where a mixed load of Class I (d) If some of the Class 1 (explosive) stowed in the same compartment, (explosive) materials of different hazard materials in a stowage mixture require magazine, or transport unit. 20984 Federal Register / Vol. 55, No. 98 / Monday, May 21, 1990 / Proposed Rules

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i(i0 6WU, -. 3Ii Federal Register / VoL 55, No. 98 / Monday, May 21, 1990 / Proposed Rules 2flgRK 20985 § 176.145 Segregation In single hold (explosive) materials (other than. in the port area, except as directed by vessels. explosive articles in Division 1.4 (Class the COTP. (a) On board a vessel having a single C explosive) or any explosive (c) If any package of Class 1 cargo hold, Class I (explosive) materials. substance) are loaded, unloaded, or (explosive) materials, or seal of a in hazard division/compatibility group handled, the responsible person must package of Class 1 (explosive) materials, 1.1B and 1.2B may be stowed in the ensure that all sources of appears to be damaged, thatpackage same compartment with substances of electromagnetic radiation such as radio must be set aside for examination and, compatibility group D, provided: and radar transmitters are deenergized repair or otherwise disposed of as (I) The net explosive weight of the by opening the main switches directed by the shipper. compatibility group B explosive does not controlling the sources and tagging them (d) If any Class 1 (explosive) materials exceed 50 kg (110 pounds); and to warn that the devices are to be (2) The compatibility group B are spilled or released from a package, energized until loading or unloading has the responsible person must ensure that explosives are stowed in a steel ceased. portable. magazine is: an appropriate emergency response is that stowed at (b)During the loading or unloading of least 6 meters (20 feet] from the undertaken in accordance with the all explosive, articles (except those in emergency response information compatibility group D substances. Division 1.4' (Class C explosive)), no (b)Division/compatibility group 1.4B required under § 172.602 of this radio or radar transmitter may be used subchapter. The master of the vessel (Class C explosive) materials may be within stowed in the 50 meters (164 feet) of such must report each incident involving same compartment with articles except for VHF transmitters substances of compatibility group D the spillage or release of Class 1 (explosive) power output of which does not exceed materials to the COTP as soon as provided the Class I (explosive). 25 watts and of materials of different which no part of the practicable. compatibility antenna system is within 2.0 meters (6. groups are separated by either a feet) of the Class I (explosive).materials. distance of at least 6meters (20 feet) or § 176.160 Protection against weather. (c) Explosive articles which are Any by a steel partition. sensitive person loading or unloading to electromagnetic radiation packages containing Class 1 (explosive); § 176.146 Segregation from non- from external sources must be stowed at materials shall take hazardous materials. a. safe distance from adequate measures the vessel's radio to prevent these packages from (a) Except as required by paragraphs cabin, receiving and transmitting becoming wet. (b) and (c) of this section, Class I apparatus radio antenna or lead-in, and (explosive) materials need not be radar installation, with due regard to the § 176.162 Security. segregated from other cargo of a non- character of the vessel and the degree of dangerous nature. screening-off of the explosive articles. (a) A responsible person must be (b) Mail, baggage, and personal and present at all times when the hatches of household effects may not be stowed in § 176.154 Fueling (bunkering). spaces containing Class 1 (explosive) the same compartment as, or in materials are open. No unauthorized compartments immediately above or (a) Class I (explosive) materials, person may be permitted to access below, Class I (explosive) materials except those in compatibility group S spaces in which Class I (explosive) other than those. in compatibility group. may not be loaded or unloaded when materials 'are stowed. Magazines must S. fueling (bunkering) is in progress except be secured against unauthorized entry (c) Where Class I (explosive) with the prior authorization of the when loading has been completed, or materials are stowed against an COTP, and under conditions prescribed when loading or unloading is stopped. intervening bulkhead, any mail on the by that officer. Packages containing Class I (explosive) other side of the bulkhead must be (b) Vessels containing Class 1 materials may not be opened on board stowed away from it. (explosive) materials may not be fueled ship. (d) In order to avoid contamination: (bunkered) with the hatches open unless § 176.164 Fire precautions and (1) an explosive substance or article authorized by the COTP.. firefighting. which has a secondary POISON hazard! (a) Matches, lighters, fire, and other label must be stowed "separated from" § 176.156 Defective packages. all foodstuffs, except when such ignition sources are prohibited on and materials are stowed in separate closed! (a) No leaking, broken, or otherwise, near any vessel on which'Class 1 transport units,. the requirements for defective package containing Class 1 (explosive] materials are being loaded, "away from" segregation apply. (explosive) materials, including unloaded, or handled except in places (2) An explosive substance or article packages which have been adversely designated by the master or the COTP. which has a secondary CORROSIVE affected by moisture, may be accepted (b) A fire hose of sufficient length to hazard label must be stowed "away for shipment. The master or person in reach every part of the loading area with from" foodstuffs. charge of a vessel on which there is a an effective stream of water must be defective package laid and connected to the water main,. Precautions During Loading containing Class 1 and (explosive) materials must seek advice ready for immediate use. Unloading from the shipper concerning withdrawal', Cc) No repair work may be carried out § 176.148 Artificial lighting. repair, or replacement. No repair of in a cargo space containing Class 1 Electric lights, except arc lights, are damaged or defective package (explosive] materials other than those of' the only form of artificial lighting containing Class 1 (explosivel materials Division 1.4 (Class C explosive). No permitted when loading and unloading may be performed on board a vessel. welding, burning, cutting, or riveting Class I (explosive) materials. (b) No Class I (explosive), material, operations involving the use of fire, which for any reason has deteriorated or flame, spark, or arc-producing § 176.150 Radio and radar. undergone a change of condition that equipment may be conducted on board (a) Except as provided in paragraph, increases the hazard attendant upon its except in an emergency; and, if in port,. (b) of this section. when Class I conveyance or handling, may be moved with the consent of the COTP. 20986 Federal Register / Vol. 55, No. 98 / Monday, May 21, 1990 / Proposed Rules 20988 Federal Register I Vol. 55, No. 98 I Monday, May 21, 1990 I Proposed Rules (d) Each compartment, including a Passenger Vessels total net explosive mass (weight) does not exceed 10 kg (22 pounds) per vessel. closed vehicle deck space, which § 176.166 Transport of Class 1 (explosive) G materials (4) Articles in compatibility group contains Class 1 (explosive) materials on passenger vessels. requiring special fixed fire other than those must be provided with a (a) The following Class I (explosive) stowage, if the total net explosive mass extinguishing system. Each adjacent materials may be transported as cargo (weight) does not exceed 10 kg (22 cargo compartment must be either on passenger vessels: pounds) per vessel. protected by a fixed fire extinguishing (1) Division 1.4 (Class C explosive) (5) Articles in compatibility group B, if installation or must be accessible for materials, compatibility group S. the total net explosive mass (weight) firefighting operations. (2) Explosive articles designed for does not exceed 5 kg (11 pounds). (e) A vessel must have a power- lifesaving purposes as identified in (b) Class 1 (explosive) materials operated fire pump, which together with § 176.143(b)(2), if the total net explosive which may be carried on passenger its source of power and sea connections mass (weight) does not exceed 50 kg vessels are identified in column (10) of must be located outside the machinery (110 pounds). the § 172.101 Table. They must be space, and two sets of breathing (3) Class 1 (explosive) materials in stowed in accordance with Table apparatus. compatibility groups C, D, and E, if the 176.166(b).

TABLE 176"166(b).--STOWAGE ARRANGEMENTS IN PASSENGER VESSELS

a specific proper shipping name Sam-l Goods, Goods shipped under Class/division pros, N.O.S. Compatability group el~-classSIOA I _A _ B C D E F G H J K L N S

1...... d d c e e e e C e c C 1.2 ...... d d e e e e c e C c c c 1.3 ...... d d - e e C e C C C C 1.4 ...... d d b b b b C b a 1.5 ...... d d - e 1.6 ...... d d a-As for cargo ships, on deck or under deck. b-As tor cargo snips, on deck or unaer deck, in portable magazines only. c-Prohibited. d-As specited by the Director, OHMT, or competent authority of the country in which the Class 1 (explosive) materials are loaded on the vessel. e-In containers or the like, on deck only.

group G or H may be carried in steel § 176.170 Transport of Class I (explosive) (c) Notwithstanding the provisions of materials Infreight containers. paragraph (a) of this section, a portable magazines or freight containers. Closed transport vehicles (a) When Class I (explosive) combination of the substances and in a freight paragraphs (a)(1) may be used as magazines; transport materials are stowed articles listed in the freight container may be through (a)(5) of this section may be vehicles of other types may be used to container, transport Class I (explosive) materials regarded as a magazine but not as a transported on the same passenger separate coipartment. vessel provided the total net explosive which require ordinary stowage. of (b) Freight containers exceeding 6 mass (weight) of the combination (e) Class I (explosive) materials of carry materials carried meters (20 feet) in length may not Class 1 (explosive) different compatibility groups may not. (11,000 pounds) net does not exceed the smallest quantity more than 5000 kg be stowed in the same vehicle except as explosive weight of explosive specified for any one of the substances allowed in § 176.144 of this subpart. or articles in the combination. substances, except explosive substances (f) Vehicles containing different Class in Division 1.4. Transport Units and Shipbome Barges 1 (explosive) materials require no (c) Freight containers used to transport Class 1 (explosive) materials § 176.168 Transport of Class I (explosive) segregation from each other provided materials Invehicle spaces. these materials may be carried together for which magazine stowage type A is required must be fitted with a close- (a) All transport vehicles and cargo under the provisions of § 176.144 of this subpart. In all other instances, the boarded floor and must have a non- must be properly secured. metallic lining. (b) All transport vehicles used for the vehicles must be "separated from" one another. (d) Class 1 (explosive) materials of carriage of Class 1 (explosive) materials different compatibility groups may not must be structurally serviceable as (g) All transport vehicles used for the be stowed within the same freight defined in § 176.172(a)(2) of this subpart. transport of Class 1 (explosive) container except as allowed in § 176.144 (c) Vehicles used to transport Class I materials must have lashing of this subpart. (explosive) materials must conform to arrangements for securing the vehicle on (e) On vessels other than specially the requirements in § § 177.834 and the ship and preventing the movement of fitted container ships, freight containers 177.835 of this subchapter. the vehicle on its springs during the sea containing Class I (explosive) materials (d) Class I (explosive) materials passage. must be stowed only in the lowest tier. stowage must be which require special (h) Where a portable magazine or (f)Freight containers carrying transported in transport vehicles closed freight container is carried on a different Class I (explosive) materials approved for the purpose by the require no segregation from each other, Director, Office of Hazardous Materials chassis, twist locks or other suitable securing arrangements must be provided provided the provisions of § 176.144 of Transportation; except Class 1 this subpart allow the Class I (explosive) materials in compatibility and made secure. Federal Register / Vol. 55, No. 98 / Monday, May 21, 1990 / Proposed Rules 20987

(explosive] materials to be carried construction, such as rusted-out metal in bow and stern ready for immediate use together in the same compartment. In all sidewalls or disintegrated fiberglass, is with the towing eyes passed outboard other instances, the containers must be prohibited. Normal wear, however, and "separated kept at about water level. from" one another in including oxidation (rust), slight dents (c) The mooring arrangements must be accordance with 176.83(f) of this part. and scratches and other damage that such that the vessel can be released (g) Freight containers carrying Class 1 does not affect serviceability, or the quickly in an emergency. (explosive) materials may not be weather-tight integrity of the units, is handled on board a vessel with fork lift not prohibited. § 176.160 Watchkeening. trucks unless approved by the COTP. (b) As used in paragraph (a) of this Whenever Class I (explosive) This does not preclude the use of front section, "splice" means any repair of a materials are on board a vessel in port, loading trucks using side-frame lifting freight container main structural there must be sufficient crew on board equipment. member which replaces material, except to maintain a proper watch and to complete replacement of the member. operate the propulsion and firefighting § 176.172 Structural serviceability of (c) All shipments of Class I freight containers and vehicles carrying equipment in case of an emergency. Class 1 (explosive) materials on ships. (explosive) materials except those in Division 1.4 (Class C explosive) must be § 176.182 Conditions for handling on (a) A freight container may not be accompanied by a statement, which may board ship. offered for the carriage of Class 1 appear on the shipping paper, certifying (a) Weather conditions. Class 1 (explosive) materials unless the that the freight .container or the vehicle container is structurally serviceable as (explosive) materials may not be is structurally serviceable as defined in handled in weather conditions which evidenced by a current CSC paragraph (a)(2) of this section. (International Convention for Safe may seriously increase the hazards Containers) approval plate and verified § 176.174 Transport of Class I (explosive) presented by the Class 1 (explosive) by a detailed visual examination as materials Inshlpbome barges. materials. During electrical storms, follows: (a) Fixed magazines may be built cargo operations must be halted-and all (1) Before a freight container or within a shipboard barge. Portable hatches containing Class I (explosive) transport vehicle is packed with Class 1 magazines and freight containers may materials must be closed. (explosive) materials, it must be visually be used as magazines with a barge. (b) Darkness.Class I (explosive) examined by the shipper to ensure it is (b) Shipborne barges may be used for materials may not be handled on board structurally serviceable, free of any the carriage of all types of Class 1 a vessel during the hours of darkness residue of previous cargo, and its (explosive) materials. When carrying unless prior consent has been obtained interior walls and floors are free from Class 1 (explosive) materials requiring from the COTP. protrusions. special stowage, the following (c) Lighting. The area where Class 1 (2) "Structurally serviceable" means requirements apply: (explosive) materials are handled or the freight container or the vehicle (1) Class 1 (explosive) materials in where preparations are being made to cannot have major defects in its compatibility group G or H must be handle Class 1 (explosive) materials structural components, such as top and stowed in steel portable magazines or must be illuminated with lighting that is bottom side rails, top and bottom end freight containers. sufficient to perform the handling rails, door sill and header, floor cross (2) Class 1 (explosive) materials in operation. members, corner posts, and corner compatibility group K or L must be (d) Protective equipment. (1) A fittings in a freight container. Major stowed in steel portable magazines. sufficient quantity of appropriate defects include- (c) Class 1 (explosive) materials of protective equipment must be provided (i) Dents or bends in the structural different compatibility groups may not for the personnel involved in handling members greater than 19 mm (% inch) in be stowed within the same shipborne Class 1 (explosive) materials. depth, regardless of length; barge unless under § 176.144(b) of this (2) The protective equipment must (ii) Cracks or breaks in structural subpart they are authorized to be provide adequate protection against the members; stowed in the same compartment. hazards specific to the Class 1 (iii) More than one splice or an Handling Class 1 (Explosive) Materials (explosive) materials handled. improper splice (such as a lapped splice) in Port in top (e) Intoxicatedpersons. No person or bottom end rails or door under the influence of alcohol or drugs headers; § 176.176 Signals. (iv) More than two splices in any one to such an extent that the person's (a) When Class I (explosive) judgment or behavior is impaired may top or bottom side rail; materials are being loaded, handled, or (v) Any splice in a door sill participate in any operation involving or corner unloaded on a vessel, the vessel must the handling post; of Class 1 (explosive) exhibit the following signals: materials. The master of the vessel must (vi) Door hinges and hardware that (1) By day, flag "B" (Bravo) of the are seized, twisted, broken, missing, or keep any such person clear of any areas international code of signals; and where Class 1 (explosive) materials are otherwise inoperative; (2) By night, an all-round fixed red (vii) Gaskets and seals that do not light. being handled. seal; or (f) Smoking. (1) Smoking is prohibited (viii) For freight containers, any § 176.178 Mooring lines. on the vessel while Class I (explosive) distortion of the overall configuration (a) All lines used in mooring the materials are being handled or stowed great enough to prevent proper vessel must be of sufficient strength, except in places designated by the alignment of handling equipment, type, and number for the size of the master of the vessel. mounting and securing chassis or vessel and local conditions. (2) Conspicuous notices prohibiting vehicle, or insertion into ships' cells. (b) While the vessel is moored or smoking must be posted and clearly (3) In addition, deterioration in any anchored in a port area, towing wires of visible at all locations where Class 1 component of the freight container or adequate size and length must be (explosive) materials are handled or vehicle, regardless of the material of properly secured to mooring bits at the stored. 20988 Federal Register / Vol. 55, No. 198 / Monday, May 21, 1990 /'Proposed Rules

(g) All hatches and cargo ports !{d) Class 1 (explosive) materials (i) Storage of other hazardous opening into a compartment in which storage spaces. Any compartment on a materials.Magazine vessels having Class 1 (explosive) materials are stowed magazine vessel used for the stowage of Class 1 (explosive) materials on board must be kept closed except during Class 1 (explosive) materials must be may not be used for the storage of any loading and unloading of the completely ceiled with wood so as to other hazardous material. compartment. After loading, hatches provide a smooth interior surface. Each fj) Magazine vessel's stores. must be securely closed. metal stanchion in the compartment Hazardous materials used as stores on must be boxed in the same manner. An board any magazine vessel must comply § 176.184 Class I (explosive) materials of overhead ceiling is not required when of 46 CFR part Compatibility Group L with the requirements the overdeck is weather tight. All nail 147. and Class 1 (explosive) materials in and bolt heads must be countersunk requiring group L may not be be covered (k) Matches. Safety matches compatibility any exposed metal must for ignition are the handled in a port area without the with wood. a prepared surface special permission of, and subject to any (e) Initiating explosives, detonators only type of matches authorized to be special precautions required by, the and boosters with detonators.No possessed or used on board a magazine COTP. explosive substance in Division 1.1, vessel. They must be kept in a metal box compatibility group A may be stowed in or can with a metal cover and stored in § 176.190 Departure of vessel. the same compartment with any other the custodian's living quarters. When loading of Class 1 (explosive) Class 1 (explosive) materials when there (1)Firearms. Firearms and materials is completed, the vessel must is any explosive substances in Division ammunition (other than cargo) are not depart from the port area as soon as is 1.1 or 1.2 (Class A explosive) on the permitted on board a magazine vessel. reasonably practicable. same magazine vessel. Detonators and (in) Fire extinguishingequipment. No be stowed at for detonating primers must Class 1 (explosive) materials may be § 176.192 Cargo handling equipment any freight containers carrying Class 1 least 8 meters (26 feet) from loaded or stowed in, unloaded from, or (explosive) materials. bulkhead forming a boundary of a handled on any magazine vessel unless compartment containing any other Class (a) Except in an emergency, only four fire extinguishers that meet the 1 (explosive) -materials. requirements for Type A Size II or Type cargo handling equipment that has been (f) Dry storage spaces. A magazine for the B Size Ill in 46 CFR subpart 95.50 are specifically designed or modified vessel having a dry storage space be near and accessible to the magazines. handling of freight containers may capable of being used for any purpose usod to load, unload, or handle freight whatsoever must have a cofferdam at (n) Supervision. A magazine vessel containers containing Division 1.1 or 1.2 least 61 cm (24 inches) wide fitted containing Class I (explosive) materials (Class A and B explosive) materials. between the dry storage space and each must be continuously attended by a (b) The gross weight of a freight adjacent compartment containing Class custodian employed for that purpose by container containing Class 1 (explosive) 1 (explosive) materials. The cofferdam the vessel's owner. materials may not exceed the safe must be constructed of wood or steel, (o) Unauthorizedpersons on working load of the cargo handling formed by two tight athwartship magazine vessels. The custodian of a equipment by which it is handled. bulkheads extending from the skin of magazine vessel shall prevent Magazine Vessels the vessel to the overdeck. If the unauthorized persons from coming on cofferdam extends to the weather deck, board unless it is necessary to abate a § 176.194 Stowage of Class 1 (explosive) a watertight hatch must be fitted in the to human life or a substantial on magazine vessels. hazard materials deck to provide access to the cofferdam. hazard to property. requirements of this Non-sparking, battery- (a) General.The (g) Lighting. (p) Repacking of Class 1 (explosive) section are applicable to magazine powered, self-contained electric lanterns materialson board. No Class 1 in addition to any other are the vessels and are or non-sparking hand flashlights may be repacked requirements in this subchapter. only means of artificial light authorized. (explosive) materials (b) Type vessel authorized.A single -(h) Living quarters.Living quarters on board a magazine vessel. Broken or deck vessel with or without a house on must be fitted on the inside with a non- damaged packages must be handled in deck is the only type vessel that may be combustible material approved by the accordance with the requirements of used as a magazine vessel. A magazine Commandant, USCG. Bracketed ship's § 176.156 of this subpart. Packages vessel may not be moved while Class I lamps are the only lighting fixtures requiring an emergency response must (explosive) materials are on board. authorized to be used in the living be handled in accordance with the (c) Location of explosives. Division quarters. Any stove used for heatingor emergency response information 1.1, 1.2, or 1.3 (Class A and B explosive) cooking must be securely fastened and required under § 172.602 of this materials, in excess of 2268 kg (5000 may not be mounted closer than 15 cm subchapter. pounds), stored in any magazine vessel (6 inches) to the deck or sidesof the (q) Work boat. Each magazine vessel must be stowed below deck. No Class I house. Any smoke pipe for the stove must be equipped with a work boat. (explosive) materials may be stowed on which passes through the roof of the (r) Life preservers. One approved deck unless the vessel is fitted with a house must be kept at least 8 cm (3 personal flotation device must be deck house having a stowage area inches) away from any woodwork. Each available for each person employed on a which meets the requirements in this smoke pipe must be protected by a layer magazine vessel. subpart for the stowage of Class 1 of non-combustible material approved (s) Fenders.Each magazine vessel Commandant, USCG, an air (explosive) materials. Detonators, by the must be fitted with fenders in sufficient Division 1.1 (Class A explosive), and space ofat least 2.54 cm (1 inch), and a collar of at least 1.5 mm (16 gauge) number and size to prevent any vessel detonating primers, Division 1.1 (Class metal coming in sheet secured only on the weather side tying up alongside from A explosive), may not be stored on the contact with the hull. with other of the roof. There may be no opening same magazine vessel 35. Subpart H would be revised to Division 1.1, 1.2, and 1.3,(Class A or B from any living quarters into any explosive) materials. stowage compartment. read as follows: Federal Register / Vol. 55, No. 98 / Monday, May 21, 1990 / Proposed Rules 20989

Subpart H-,Detailed Requirements for .(3) Each electrical power line in the stowed on deck, or near any ventilator Class 2 (Compressed Gas) Materials hold or compartment must be protected leading to a hold containing this by a strong metal covering to prevent material. § 176.200 General stowage requirements. crushing by cargo being stowed against (b) A sign carrying the legend: (a) Each package of Class 2 it. (compressed gas) material being (4) Except when fitted with electrical FLAMMABLE VAPORS transported by vessel must be prevented fixtures of the explosion-proof type, KEEP LIGHTS AND FIRE AWAY from making direct contact with the each electrical circuit serving the hold or vessel's deck, side, or bulwark by compartment must be disconnected from NO SMOKING dunnage, shoring, or other effective all sources of power. No circuit may be means. energized until the Division 2.1 (b) When cylinders of Class 2 (flammable gas) cargo and any vapors must be conspicuously posted at each (compressed gas) materials being have been removed from the hold or approach to an "on deck" Division 2.1 transported by vessel are stowed in a compartment. Explosion-proof portable (flammable gas) material stowage area horizontal position, each tier must be lighting may be used if the source of and near each cargo hold ventilator stowed in the cantlines of the tier below power is from electrical outlets outside leading to a hold containing this it, and the valves on cylinders in the hold or compartment and above the material. The sign must be painted on a adjacent tiers must be at alternate ends weather deck. white background using red letters. The of the stow. Each tier may be stepped (5) Any opening in a common letters may not be less than 8 cm (3 back and the ends alternated in order to bulkhead of an adjacent hold or inches) high. clear the flange. Lashing must be compartment must be securely closed § 176.225 Stowage of chlorine. provided to prevent any movement. off and made gas-tight, unless the (c) When cylinders of Class 2 adjacent hold or compartment is also Chlorine (UN1017) must be stowed (compressed gas) materials being used for the stowage of Division 2.1 separate from copper or brass leaf transported by vessel are stowed in a (flammable gas) materials. sheets and finely divided organic vertical position they must be stowed (6) Full and efficient hatch covers material. upright in a block and cribbed or boxed must be used. Tarpaulins, if fitted, must § 176.230 Stowage of Division 2.1 in with suitable dunnage. The box or be protected by dunnaging before (flammable gases) materials. crib must be dunnaged at least 10 cm (4 overstowing with any cargo. Each Division 2.1 (flammable gases) inches) off any metal deck. The tarpaulin must be in one piece and free materials transported in Specifications cylinders in the box or crib must be of rents, tears, and holes. 106A and 110A multi-unit car tanks must braced to prevent any movement. The (7) A fire screen must be fitted at the be stowed on deck only, and must be box or crib must be securely chocked weather end of each vent duct leading shaded from radiant heat. ' and lashed to prevent any movement. from the hold or compartment. The fire 36. Subpart I would be revised to read (d) Any package containing Division screen must completely cover the open as follows: 2.3 (poison gas) materials must be area. It must consist of two layers of fine stowed separate from all foodstuffs. brass wire screen at least 50 x 50 cm (20 Subpart I-Detailed Requirements for (e) Class 2 (compressed gas) materials X 20 inches) mesh or finer, spaced not Class 3 (Flammable and Combustible may not be stowed "on deck" over a less than I cm (V2 inch) or more than 4 Liquid) Materials hold or compartment containing coal. cm (1Y2 inches) apart. The screen may (f) Class 2 (compressed gas) material be removable if means for securing it in § 176.305 General stowage requirements. must be kept as cool as practicable and place when in service are provided. (a) Flammable and combustible be stowed away from all sources of heat (8) The hold or compartment may not liquids must be kept as cool as and ignition. be fitted with any gooseneck type vent reasonably practicable and be stowed trunk head. § 176.205 Under deck stowage away from all sources of heat and (9) All electrical apparatus located in ignition. requirements. the hold or compartment must have a (a) When a Class 2 (compressed gas) (b) Except as otherwise provided in positive means for disconnecting it from § 176.76(g), a package containing a material is stowed below deck, it must power outside the hold or compartment be stowed in a mechanically ventilated flammable liquid and equipped with a containing any Division 2.1 (flammable vent or safety relief device must be cargo space capable of being ventilated gas) materials. with no source of artificial heat and stowed "on deck" only. clear of living quarters. No bulkhead or § 176.210 On deck stowage requirements. (c) The following requirements apply deck of that hold or compartment may 2 (compressed gas) to each hold or compartment in which Cylinders of Class flammable and combustible liquids are be a common boundary with any boiler materials being transported by vessel room, engine room: coal bunker, galley radiant heat being transported: must be protected from (1) The hold or compartment must be or boiler room uptake. which includes the direct rays of the sun of (b) When Division 2.1 (flammable gas) by structural erections or awnings. A ventilated except that the stowage materials are stowed below deck, it tarpaulin covering the cylinders is not non-bulk packages of combustible must be stowed in a hold or acceptable if it comes in contact with liquids (see § 171.8 definitions) may be compartment which complies with them. in non-ventilated holds. paragraph (a) of this section and the (2) Stowage of flammable or following requirements: § 176.220 Smoking or open flame and combustible liquids within 6 meters (20 (1) Each hold or compartment must be posting of warning signs. feet) of a bulkhead which forms a ventilated. (a) Smoking or the use of open flame boundary or deck of a boiler room, (2) Each hold or compartment must be is prohibited in any hold or engine room, coal bunker, galley, or equipped with an overhead water compartment containing a Division 2.1 boiler room uptake is not permitted. If sprinkler system or fixed fire (flammable gas) material, near any the amount of the liquid to be stowed in extinguishing system. Division 2.1 (flammable gas) material a hold will not permit compliance with 20990 Federal Register / Vol. 55, No. 98 / Monday, May 21, 1990 / Proposed Rules the requirement for a 6 meter (20 foot) crushing by cargo being stowed against accessible to the tank it is intended to separation, less separation distance is it; cover. authorized if at least one of the (4) Except when fitted with explosion- (b) The fire hose at each fire hydrant following conditions exists: proof type electrical fixtures, each in the vicinity of flammable and (i) The bulkhead or deck is covered electrical circuit serving the hold or combustible 'liquids stowage areas must with at least 8 cm (3 inches) of compartment must be disconnected from be fitted with an approved combination insulation on the entire area subject to all sources of power from a point spray nozzle. heat: outside the hold or compartment (c) The pressure must be maintained (ii) A temporary wooden bulkhead at containing flammable liquids. No circuit in the vessel's fire mains during the least 5 cm (2 inches) thick is constructed may be energized until the flammable loading and unloading -of the flammable off an have been and combustible liquids. in the hold at least 8 cm (3 inches) liquids and any vapors • (d) engine room or 15 cm (6 inches) off a removed from the hold or compartment. Two 7 kg (15 pound) capacity hand boiler room bulkhead, covering the Explosion-proof type portable lighting portable dry chemical or two portable 10 entire area of the bulkhead that is may be used if the source of power is liter (2 gallon) foam-type extinguishers subject to heat and the space between from electrical outlets outside the hold must be accessible to any packaged the permanent bulkhead and the or compartment and above the weather flammable or combustible liquid and temporary wooden bulkhead is filled deck; and suitable for use with the lading. with mineral wool or equivalent bulk (5) Flammable liquids in excess of (e) The requirements of this section do noncombustible insulating material or 1016 kg (2240 pounds), may not be not apply to portable tanks and their (iii) A temporary wooden bulkhead is transported in any hold or compdrtment contents authorized under 46 CFR part constructed of at least 2.5 cm (1 inch) that is fitted with a gooseneck type of 93 or 46 CFR part 64. thick tongue and groove sheathing, vent head. located I meter (3 feet) from the boiler (e) On a passenger vessel, each hold § 176.320 Use of hand flashlights. room or engine room bulkhead, and or compartment used to transport Each hand flashlight used on deck filled with sand to a height of 2 meters (6 flammable liquids must be equipped near or in any hold or compartment feet) above the tank top, or, if the cargo with an overhead water sprinkler containing a flammable liquid, must be compartment is located between decks, system or fixed fire-extinguishing of the nonsparking type. 1 meter (3 feet) of sand. system. § 176.325 Smoking or open flame and (3) Combustible liquids may not be (f) On a passenger vessel, each hold posting of warning signs. stowed in a hold within 6 meters (20 or compartment used to transport with the (a) Smoking or the use of open flame feet) of a common bulkhead flammable liquids under a passenger is prohibited in any hold or engine room unless the means of vessel space must have an overdeck of an A-60 compartment containing a flammable or propulsion is internal combustion type construction (see 46 CFR 72.05- combustible liquid, near any flammable engines. 10(c)(1)) or equivalent or have its or combustible liquid stowed on deck, or (4) Each cargo opening in a bulkhead underside covered with at least 8 cm (3 near any ventilator leading to a hold of an adjacent hold must be securely inches) of noncombustible insulation. containing such material. closed off and made gas-tight, unless the (g) No flammable liquid in a drum or (b) A sign carrying the legend: adjacent hold is also used for the wooden case, having inside packagings stowage of a flammable or combustible of more than one liter (one quart) FLAMMABLE VAPORS liquid. capacity each, may be stowed as a (d) In addition to the requirements beam filler. A wooden barrel, a wooden KEEP LIGHTS AND FIRE AWAY specified in paragraph (b) of this box or a fiberboard box, with any NO SMOKING section, the following requirements flammable liquid material in inside apply to each hold or compartment in packagings of not more than one liter which a flammable liquid is transported: (one quart) capacity each, may not be must be conspicuously posted at each (1) Full and effective hatch covers stowed as a beam filler unless it is approach to a flammable or combustible must be used. Tarpaulins, if fitted, must possible to stow and observe any 'THIS liquid stowed "'on deck" and near each be protected by dunnaging before SIDE UP" marking. cargo hold ventilator leading to a hold overstowing with any cargo. Each or compartment containing this material. tarpaulin must be in one piece and free § 176.315 Fire protection requirements. U.S. This sign must be painted on a white of rents, tears, and holes; (a) For each 79.800 liters (21,000 background using red letters. The letters (2) If flammable liquids in excess of gallons) or part thereof of any and combustible liquids may not be less than 8 cm (3 inches) 1016 kg (2240 pounds) are stowed under flammable high. deck in any one hold or compartment, a being transported on board a vessel in a fire screen must be fitted at the weather portable tank, rail tank car, or a motor § 176.331 Transportation of flammable end of each vent duct leading from that vehicle cargo tank, there must be liquids with foodstuffs. hold or compartment. The fire screen provided at least one B-V semiportable Each package containing a flammable must completely cover the open area. It foam (152 liter/40 gallon capacity)(see liquid which bears a POISON label must must consist of two layers of fine brass 46 CFR 95.50), dry chemical (100 lbs./45 be stowed separate from foodstuffs. wire screen at least 20X20 mesh or finer kg minimum capacity) or equivalent fire Each package containing a flammable spaced not less than 1 cm ( inch) or extinguisher, or a fire hose fitted with an liquid which bears a CORROSIVE or more than 1 cm ( inch) apart. The approved portable mechanical foam KEEP AWAY FROM FOOD label must screen may be removable only if means nozzle with pick-up tube and two 19 liter be stowed away from foodstuffs. for securing it in place when in service (5 gallon) cans of foam liquid are provided; concentrate. Each foam system must 'be §176.340 Combustible liquids-in portable (3) Each electrical power line in the suitable for use with each flammable or tanks. hold or compartment must be protected combustible liquid it is intended to (a) Combustible liquids, .having a 0 by a strong metal covering to prevent cover. Each fire extinguisher must be flashpoint of 37.8 'C (100 F) or higher, Federal Register / Vol. 55, No. 98 f Monday,, May 21, 1990 / Proposed Rules 20M9 may be transported by vessel only in (b)Division 5.2 (organic peroxide) § 176.410 Division 1.5 ,(blasting agents) one of -theportable tanks as specified material must be stowed away from materials ammonium nitrate and below. living quarters or access to them. ammorium nitrate mixtures. (1) tPortable tanks authorized in Division '5.2 [orgamic peroxide material (a) This section prescribes § 173.241 of thissubchapter. not requiring temperature control ehonid requrements to be observed with (Z)In nonepecification portable tanks, be protected from radiant heat which respect to transportation of each of the subject to the ,fllowing conditions: includes direct raysof the sun and following hazardous materials by vesseth (i)Each portable tank must conform to stowed in e'coolwell-vernitlated area. (1).Explosives, blasting, type E and § § 1s251 and 178.Z53 ofthis '(c) -NoDivision 1.5 I'blasting agents) or Explosives, 'blasting, type a Division' .5 subchapter, except-as otherwise Class 5 '(oxidizers and organic (blasting agent) compatibility group a) provided in this paragraph peroxides) materials being transported UN0331 and UN0332. ,(ii) The rated capacity of the tan-k may by vessel may be stowed in 'the same (2) Ammonium nitrate fertilizer, not exceed 4542 liters [1200 gallonsJ, hold or'compartment with any readily Division 1.1 I(Class A explosive) and the rated gross weight may not combustible mafterfal such as 'a compatibility group D, UN0222 or exceed 13608 kg ,30,000 pounds); com ustible liquid, a 'textile _product, or UN0223. Iiii) The vibration test in I2.8.253-5 with a finely divided substance, such as (3) Ammonium nitrate fertilizer, need'not be performed; an organic powder. Division 5.1 (oxidizer), tfN1942. (iv) When the total surface area of the (4) Ammonium nitrate fertilizer, tank exceeds 14.9 square ,meters (160 (d) No'Division 1.5 blasting agents) or Class 5 (oxidizers and organic Division 5.1 (oxidizer), UN2068. square feet), the total emergency venting 15) Ammorium nitrate fertilizer, capacity must be determined in (peroxides] being transported by vessel may be stowed in a hold or Division '5.1 (oxidizer), UN2067. accordance with Table Illin 178.341-4 (6) Ammonium nitrate fertilizer, of this subchapter, compartment containing sulfur tn bulk,, or in any hold or ,compartment above, Division 5.1 (oxidizer), UN2069 or (vJ In place of'a specification UN2072. identification marking required by below, or adjacent to one 'contalning § 17251-7 of this subchapter, the lank sulfur in bulk. '(7) Ammonium ditrate ferfilizer, Division 5.1 ,(oxidizer), UN2070. must be marked, 'on two sides'in letters § 176.405 Stowage Of charcoal. at least 5 cm ,(2 inches) high on (b) This section does not apply to contrasting background. "FOR (a) Before stowing charcoal Division Ammonium nitrate fertilizer, ,Class 9 COMBUSTIBLE LIQUIDS ONLY" and 4,2 (flammable solid), UNi36, ,NA1361, (miscellaneous hazardous materials), "49 cER 17.340". This latter maiking is or UNI362 on 'vessel for UN2071 or to any non-acidic 'ammnonium fertilizer containing 13 the ,certification of the person offering transportaton, ,the hold or c ompartment nitrate mixed the zombustible liquid materials for in which it is to be stowed must be percent or less ammonium nitrate, ,less transportation that the portable .tank swept as clean as practicable. All than 5 percent organic matedal, and no conforms to this paragraph; residue of any farmer cargo,Jmduding a other oxidizing material, and which does (vi) Each tank must be made of steel; petroleum 'product, a vegetable or not meet the criteria for any other (vii) The design pressure of the tank animal oil, nitrate, or ;sulfur, 'must be hazard set forth in part 173 'of this must be not 'less than 62 KPJa 19 psig); removed. subchapter. ,(vii No pressure relief device may (b) Charcoal packed in bags and (c) When 'Division 1.5 flasting agents) open at less than 34A "Pa ,5 psig); offered for transportation on 'board a compatibility group D materials, (ix) Each tank must be retested and vessel in a quantity over 1016 kg (2240 ammonium nitrate, or any of the marked at least once every 2 years -in pounds) -must be loaded so tlat the bags ammonium nitrate fertilizers listed in accordance with ihe reqirements are laid horizontally and 'stacked 'with paragraph [(a) of this section 'are applicable to -aDOT spedfication '57 space for efficient air circulation. If the transported by vesseL portable tank in 4§ 373.32,(vX2), !(e)3), bags are not compactly filled and closed 11) They must be stowed well away and{e)(4) of ithis subchapter. and to avoid free space within, vertical and from any steam 'pipe, ,electric circuit, or (x) Eachltank must conform to T-he horizontal dunnage strips must be laid other source of heat; provisions ofJ 173.24 of this subchapter between'the 'bags. Space for ventilating (2) Smoking may not be permitted and paragraphs (g), (1i), (i). and {k) of must be maintained near'bulkheads, the except in designated areas 'away for the § 1v3,2 of this subchapter. shell of the vessel, the deck, and the material and "No-Smoking" signs must '{3) Portable tanks :approved by the overhead. No more 'than 40.6 metric tons be posted in accordance with§ 1:76.'60 Commandant, USCGI(G ). (40 long'tons) of charcoal may 'be (3) Fire hoses must be connected, laid :3,. Subpart I would be revised to read stowed 'in a hold or compartment When out, and tested before loading or as follows: other stowage space is available. If the unloading commences; and unavailability of hold or 'compartment (4) A fire wa'tch must be posted in the Subpart J-Detsled Requirements for space requires the stowage of a larger hold or compartment where the material Class 4 (FlammableSolids), Class '5 amount, 'the arrangement of the stow *for is being loaded or unloaded. (Oxidizers and Organic Peroxides), and ventilation must be adjusted to ensure a (d) When any of'the hazardous ivsion IS, (Blasting Agents) Materials sufficient venting effect. materials listed in paragraph fa, of this § 176.400 Stowage ofDvisloin 1.5 (blasting (c)Any loose material 'from bags section is transported in bags by vessel: agents) and Class 5 (oxidizers and organic broken during loading must be 'removed. (1) The 'requirements specified in peroxldes)imatedals. Broken bags may be repacked or have paragraph i(c) -ofthis sectian must be L(a) Class 4 ([lamnable solid) material the closures repaired and 'the repaired complied with; and Division 5.2 (organic peroxide3 bags xestowed. (2) The temperature of the bagged material must be kept as cool as fd) 'Charcoal "screenings" packed in material may not exceed .54 *C (130 '13; reasonablypracticable and be stowed bags must be stowed to provide spaces ,[3,) Minimum dunnage and away from all sourcesof heal and for air circulation between tiers sweatboards must be used to prevent ignition. regardless of the -quantity stowed. any friction or abrasion of bags, and to 2flg92 Federal Register / Vol. 55, No. 98 / Monday, May 21, 1990 / Proposed Rules 20992FeeaReite Vo.5,N.9 ModyMa21190IPooeRus UN2070 in rigid containers allow for the circulation of air and (blasting agent) compatibility group D (oxidizer), materials packaged in a paper bag, with combustible inside packagings, it access of water in the event of fire; must be loaded or unloaded at a facility (4) The bags must be stowed from side burlap bag, or other nonrigid combustible packaging, or any rigid removed from congested areas or high to side, out to the sweatboards; facilities; of 46 cm (18 inches) must container with combustible inside value or high hazard industrial (5) A space facility at which the material be provided between any transverse packagings. (3) Each (3) Any other ammonium nitrate or is to be loaded or unloaded must bulkhead and the bags; of the (6) The bags must be stowed so as to ammonium nitrate fertilizer not listed in conform with the requirements § 176.410(a) or (b) of this subpart except port security and local regulations and provide a 46 cm (18 inch) athwartship of water the centerline of the ammonium nitrate fertilizer Class 9 must have an abundance trench along available for fire fighting; and compartment, continuous from top to (miscellaneous hazardous materials) readily material, UN2071. (4) Each facility at which the material bottom; be (7) The bags must be stowed so as to (b) Any of the following may be is to be loaded or unloaded must provide a 46 cm (18 inch) amidship loaded on or unloaded from a vessel at located so that each vessel to be loaded fore and aft from any waterfront facility without a permit: or unloaded has an unrestricted passage trench running fertilizer, be to bulkhead; (1) Ammonium nitrate to open water. Each vessel must bulkhead in a rigid be (8) The bags may not be stowed less Division 5.1 (oxidizer) UN1942, moored bow to seaward, and must than 46 cm (18 inches] from any container with noncombustible inside maintained in a mobile status during packaging. loading, unloading, or handling overhead deck beam; fertilizer, (9) The bags must be stowed so as to (2) Ammonium nitrate operations by the presence of tugs or the vent flues 36 cm (14 inches) Division 5.1 (oxidizer) UN2067, if the readiness of engines. Each vessel must provide at least 24 each square at each corner of the hatch nearest COTP is notified have two wire towing hawsers, hours in advance of any loading or having an eye splice, lowered to the continuous from top to bottom; in excess of 454 (10) Trenching must be accomplished unloading or unloading water's edge, one at the bow and the of the bags kg (1,000 pounds). other at the stern. by alternating the direction (3) Ammonium nitrate fertilizer, n.o.s., in each tier (bulkheading); and (5) If the material is ammonium nitrate be blocked and Division 5.1 (oxidizer) UN2072, fertilizer, Division 1.1 (Class A (11) The bags must 40 percent or more fine braced as necessary to prevent shifting containing explosive) compatibility group D, to any calcium carbonate or dolomite. UN0222 or UN0223; ammonium nitrate of the bagged cargo adjacent (4) Non-acidic ammonium nitrate .trench area. fertilizer, Division 5.1 (oxidizer) UN2070; fertilizer, n.o.s., Division 5.1 (oxidizer) an ammonium nitrate fertilizer, Division (e) Notwithstanding § 176.83(b) of this less than 5 percent and ammonium UN2072, containing 5.1 (oxidizer) containing more than 60 part, ammonium nitrate organic material and 60 percent or less nitrate fertilizers classed as Division 5.1 percent ammonium nitrate; or Division ammonium nitrate. 1.5 (blasting agents) compatibility group (oxidizers) materials, may be stowed in (5) Division 1.5 (blasting agents) the same hold, compartment, magazine, D materials in non-rigid combustible compatibility group D materials in a packaging and loaded in freight or freight container with Class I rigid container with non-combustible materials (explosive), except those containers or transport vehicles, it may inside packaging. be loaded or unloaded at a non-isolated containing chlorates, in accordance with (6) Ammonium nitrate fertilizers, the segregation and separation facility provided that facility meets the Class 9 (miscellaneous hazardous approval of the COTP. requirements of § 176.144 of this Part materials), UN2071. applying to Explosives, blasting, type B, (c) Before a permit may be issued, the § 176.419 Class 4 (flammable solids) or and Explosives, blasting, type E, following requirements must be met in Class 5 (oxidizers and organic peroxides) Division 1.5 compatibility group D. addition to any others the COTP may materials transported with foodstuffs. (f) No mixture containing ammonium require: Each package containing Class 4 nitrate and any ingredient which would (1) If the material is ammonium nitrate (flammable solids) or Class 5 (oxidizers accelerate the decomposition of fertilizer Division 1.1 (Class A and organic peroxides) materials, ammonium nitrate under conditions explosive) compatibility group D, bearing a POISON label and being incident to transportation may be UN0222 or UN0223; ammonium nitrate transported on a vessel must be stowed transported by vessel. fertilizer Division 5.1 (oxidizer), UN2070; separate from foodstuffs. Each package type E, Division solids) or § 176.415 Permit requirements for Division or Explosives, blasting, containing Class 4 (flammable 1.5 (blasting agents), ammonium nitrates, 1.5 (blasting agents) compatibility group Class 5 (oxidizers or organic peroxides) and certain ammonium nitrate fertilizers. D, UN0332 in combustible packaging or materials which bears a CORROSIVE or in paragraph in a rigid container with combustible KEEP AWAY FROM FOOD label must (a) Except as provided or section, before any of the inside packaging, it must be loaded be stowed away from foodstuffs. (b) of this from to read following material is loaded on or unloaded at a facility remote 38. Subpart L would be revised areas or high value or high as follows: unloaded from a vessel at any populous waterfront facility, the carrier concerned hazard industrial facilities so that in the explosion loss of lives Subpart L-Detalied Requirements for must obtain written permission from the event of fire or and property may be minimized; Division 2.3 (Poison A) and Division 6.1 nearest COTP: nitrate (Poison B) Materials (1) Ammonium nitrate fertilizer, (2) If the material is ammonium (Class A explosive) fertilizer Division 1.1 (Class A requirement. Division 1.1 group D, § 176.600 General stowage compatibility group D, UN0222 or explosive) compatibility UN0222 or UN0223 in rigid metal drums (a) Each package required to have a UN0223. POISON GAS or POISON label thereon nitrate UN1942, with non-combustible inside packagings; (2) Ammonium nitrate fertilizer, Division being transported on a vessel must be ammonium nitrate fertilizers containing an ammonium 5.1 (oxidizer) UN2070, containing more stowed clear of living quarters and any more than 60 percent ammonium nitrate, ventilation ducts serving living quarters fertilizer, Division 5.1 than 60 percent ammonium nitrate; or ammonium nitrate Division 5.1 and separate from foodstuffs. (oxidizer) UN2070, or Division 1.5 ammonium nitrate fertilizer, Federal Register j Vo. 55, No. 98 / Monday, May 21, 1990 j Proposed Rules 20993

(b) Each package;required to have stowed away from all sources of heat (2} A xecently painted hold or both a POISONGAS label and a and ignition. compartment may not be used unless it FLAMMABLE GAS .label thereonmust is thoroughly ,dry; be segregated as a Division.2.1 § 176.805 On deckstowage. (3) Each ventilation'cowl serving the (flammable gasj)material. ('a) When 'break bulkClass 8 holdor'compartment must be fitted with (c) Each package required to'have a (corrosive materials),materials being a spark screen; KEEP AWAY FROM FOOD label must transported 'ona vessel are stowed on (4) When a bulkhead'ofthe hold or be stowed away from foodstuffs. deck: compartment is common with a boiler (d) Each package of Division 2.3 (1).IProvisions must 'be made ffor room, engine room, coal'bunker, or (Poison A) material or Division 6.1 leakage from any package -to(drain away galley and subjected to heat, a wooden (Poison.B) material which also bears -a from other cargo into an overboard bulkhead must be erected between the FLAMMABLE LIQUID or FLAMMABLE scupper or freeingpDmL The drainage bulkhead and any cotton or vegetable GAS label must be stowed in a may not enter an 'enclosed 'drainage fibers.'This wooden bulkhead must be at mechanically ventilated space, kept as system other than -a directoverboard least 15 cm (6inches) 'from a boiler room cool as reasonablypracticable, and be scupper. If the stowage is not practical, bulkhead, and at least'5 cm (2 inches] stowed away.from all sources o'f'heat sufficient clean dry sandmust be Placed from an engine room, coal bunker, or and ignition. under and around the lower tier of galley bulkhead; packages to absorb any leakage. '(5)Each 'tween deck hatch -mustbe § 176.605 'Care following leakageor sifting of Division 2.3 and 6.1 poisons (Poisons A (2) Dlunnage must !beprovided an fthe closed with hatch covers, tarpaulins, or B). deck and arranged'so -thatany 'leakage and dunnage; 'however, metal hatch will be apparent. covers whfich are sealed 'by'other -means .A holdo r,compartment containing a to provide eqtivalerit protection'may be package of Division 2.3 or 6.1 poisons (3) Any -leakage 'thatoccurs must be washed down, using liberal -quantities of used, (Poison A or B) which 'has leaked or water. (6) 'Each bld or compartment must be sifted must be thoroughly cleaned and equipped with a icarbon'dioxide 'or decontaminated ;after -thecargo is 40. Subpart ' would be revised to readas follows: overhead'water sprikler system or unloaded and before -thehold or other approved fixed .extinguishing compartment is -used for the stowageof Subpart O-Detalled Requirements for system. Before loading, the any other cargo. Cotton and \Vegetable Fibers, Motor extinguishing system must 'be examined 39. Subpart N would be revised'to Vehicles, and Asbestos read as follows: to ensure that it is in good working condition; 'and Subpart N-Detailed Requirements ,or § 176.900 Packaging;andstowageof 17) Each hold or compartment'must be cotton and vegetable fibers: generaL Class S (Corrosive Materials) Materials clear of all 'debris and swept as clean -as (a) Cotton, D3ivision,4.1, NA1365, practicable before 'loading. § 176.800 General stowage requirements. Cotton, wet, 'Division 4;2, UN136,and (e) Naked lights or any fire likely to (a) Each package of a Class 8 other vegetable fibers, Division 4.1, produce sparks are not permitted on 'the (corrosive ,material) material being being transported on a vessel 'must be vessel, dock area. 'or on any lighters transported on a vessel must be stowed securely baled 'and bound. Each bale of alongside a -essel (during loading or clear of living quarters, and away from cotton -or vegetable fibers must be unloading of cotton or'vegetable.fibers. foodstuffs and cargo of an organic covered with bagging n at least three- i(f) pon, completion of stowage, 'each nature. Each package df 'Class 8 fourths of its surface, including both opening must be completely iclosed. (corrosive material) -Wichbears a ends. Cutcotton liters may be accepted Where 'required, ltarpaulins 'must be POISON label must be stowed separate for 'transportation by-vessel when 'baled fitted and ;secured in place ,toprovide a from foodstuffs. and overed with bagging on the soft tight hold. 'During a period 'of temporary (b') A package of Class '8 (corrosive sides -only if 1he bale is compressed to a stoppage of loading or 'unloading, a material) material may :not be stowed density of at least 512 kg/cubic meter hatch may be left open. 'However, (during over any readily combustible material. (32 pounds per cubic foot) ;and it is that period, a fire walch,odesignated by (c) Glass carboys containing Class 8 bound with at Ileast -six'bands per bale. the master or officer-,in-charge, must be (corrosive material) material maynot be Any poorly compressed 'bale or any bale stationed in the hold or compartment in stowed on board any vessel, other than having damaged bindings may not be Which the cotton or vegetable fibers are a barge, more than two tiers high unless transported by vessel. stowed. eachcarboy is boxed or c'rated -with fb) Eadhbale .of Cotton, 'wet, 'UN1365 (g) At least one fire 'hose must 'be neck protection ex-tending to 'the 'sides of must be stowed separately 'from any connected while cotton or 'vegetable the carboybox. This protective bales of drycotton'or 'vegetable 'fibers, fibers are being loadedor- unloaded. construction must be strong enough to in a "tween deck space and 'not Each fire pump 'must'be'operated before permit -stacking one on -topof 'the 'other. overstowed. Anybale of cotton'or any loading or 'unloading. Pressure must (d) A Class .8 (corrosive material) vegetable fibers ,which is saturated'with be maintainedon each fire main ,during material may -not be stowed over a hold water may not be transported by vessel. the loading and the fire hose laid 'out or compartment containing cotton 'unless '1c) Bales of cotton or-vegetabile fibers ready for -immediate use. Portable fire the deck is of steel and the hatch is showing contact with'oil or grease may extinguishers zaust be placed 'to be fitted with a tight coaming. In addition, not be accepted fortransportation by readilyavailable. The fire hose, fire the deck must be tight against leakage vessel. pumps, and fire extinguishers may be and the Class 8 (corrosive material) (d) Cotton or vegetable fibers must be the vessel's equipment or shore material may not be stowed over the stowed 'in a'hold or compartment in equipment. square of the hatch. accordance With the following (h) Smoking is not permitted on a (e) Each package of Class 8 (corrosive requirements: vessel during the loading or unloading o'f material) which also bears a (1) All traces of oil or residue in the cotton or vegetable fibers except at FLAMMABLE LIQUID label must be hold or compartment must be removed; those times and in those places 20994 Federal Register / Vol. 55, No. 98 / Monday, May 21, 1990 / Proposed Rules designated by the master or officer-in- § 176.905 Motor vehicles or mechanical (i) Except when being transported in a charge. "NO SMOKING" signs must be equipment powered by Internal combustion space specially suited for vehicles, the conspicuously posted in appropriate engines. following additional requirements apply places and the responsible person in (a) A motor vehicle or any to the stowage of any vehicles charge of the loading or unloading (see mechanized equipment powered by an containing a flammable or combustible § 176.57 of this part) must ensure that internal combustion engine is subject to liquid: they are observed. the requirements of this subchapter (1) Each portable electrical light and when carried as cargo on a vessel if the (i) Cotton or vegetable fibers may be hand flashlight used in the stowage area engine or fuel tank contains fuel or if stowed in the same hold over bulk sulfur must be an approved, explosion-proof if the sulfur has been trimmed and either battery cable is connected. Such type. All electrical connections for any vehicles or equipment are excepted from portable light must be made to outlets leveled and the hold is thoroughly the requirements of this subchapter if cleaned of sulfur dust. A tight floor of outside the space in which any vehicle the following requirements are met: is stowed: two layers of 2.54 cm (1 inch) crossed (1) For a motor vehicle or mechanical clean dunnage boards must be laid on (2) Each hold or compartment must be equipment having an internal ventilated and fitted with an overhead the sulfur before cotton or vegetable combustion engine using fuel classed as fibers are stowed. These substances water sprinkler system or fixed fire a flammable liquid material by this extinguishing system; may be stowed alongside each other in subchapter: the fuel tank is empty, the the same hold if they are separated by a engine is run until it stalls for lack of (3) Each hold or compartment must be tight dustproof wood bulkhead. fuel, both battery cables are equipped with a smoke or fire detection (j) Cotton or vegetable fibers may not disconnected, and no hazardous system; and be stowed in a 'tween deck hold over material is stowed in the vehicle or (4)All electrical equipment in the hold bulk sulfur in a lower hold unless the equipment; or or compartment other than fixed 'tween deck hold has been thoroughly (2) For motor vehicle or mechanical explosion-proof lighting must be cleaned of all sulfur dust and the 'tween equipment havingan internal disconnected from its power source at a deck hatch covers are in place and combustion engine using liquid fuel location outside the hold or covered with tarpaulins and dunnage. classed as a combustible liquid by this compartment during the handling and subchapter: the fuel tank contains 418 transportation of any vehicle. Where the § 176.901 Stowage of cotton or vegetable liters (110 gallons) of fuel or less, both disconnecting means is a switch or fibers with rosin or pitch. battery cables are disconnected and no circuit breaker, it must be locked in the (a) Unless impracticable, cotton or hazardous material is stowed in the open position until all vehicles have vegetable fibers being transported on a vehicle or equipment. been discharged. vessel may not be stowed in the same (b) Before being loaded on a vessel, (j) Motor vehicles may be refueled hold or compartment with rosin or pitch each vehicle must be inspected for when necessary in the hold of a vessel being transported on the same vessel. leaks. A vehicle showing any signs of in accordance with § 176.78. (b) When separate stowage is leakage may not be transported. (k) Motor vehicles with fuel in their impracticable, the cotton or vegetable (c) Each vehicle stowed in a hold or tanks may be stowed in a closed freight fibers may be stowed in the same hold compartment must have the battery container if the battery cables are cables disconnected and secured away disconnected and secured away from or compartment with rosin or pitch if from the battery terminals, unless it is they are separated by clean dunnage or the battery terminals and the following stowed in a hold or compartment warning is affixed to the access doors: a cargo of a non-combustible nature. desigpated by the administration of the When such stowage within the same "WARNING-MAY CONTAIN country in which the vessel is registered EXPLOSIVE MIXTURES WITH AIR- hold or compartment involves large to be specially suited for vehicles. See amounts of cotton or fibers or of rosin or KEEP IGNITION SOURCES AWAY 46 CFR 70.10-44 and 90.10-38 for U.S. WHEN OPENING." The warning must pitch, the rosin or pitch must be floored vessels. off with at least two layers of 2.54 cm (1 be on a contrasting background and (d) The fuel tank of a vehicle being must be readily legible from a distance inch) dunnaging and the cotton or transported as cargo on a vessel may of 8 meters (26 feet). vegetable fibers stowed above. full. not be more than one-fourth § 176.906 Stowage and handling of § 176.903 Stowage of cotton or vegetable (e) All equipment used for handling fibers with coal. vehicles must be designed so that the asbestos. fuel tank and fuel system are protected Asbestos must be stowed, handled, Cotton or vegetable fibers being from stress that might cause rupture or and unloaded, and any asbestos transported on a vessel may not be other damage incident to handling. contamination of vessels removed, in a stowed in the same hold with coal. They (f) Whenever possible each vehicle manner that will minimize exposure of may be stowed in adjacent holds if the must be stowed to allow for its personnel to airborne asbestos particles holds are separated by a tight steel inspection during transit. released incident to transportation. bulkhead and the cotton or vegetable (g) Two hand-held, portable, dry fibers are dunnaged at least 5 cm (2 chemical fire extinguishers of at least 4.5 Issued in Washington, DC, on May 4, 1990, inches) off the bulkhead. Cotton or kg (10 pounds) capacity each must be under authority delegated in 49 CFR part 106, vegetable fibers may be stowed in a separately located in an accessible appendix A. hold above or below one in which coal compartment in which any motor Alan 1.Roberts, is stowed if there is a tight steel vehicle is stowed. Director,Office of HazardousMaterials intervening deck and all hatch covers (h) "NO SMOKING" signs must be Transportation. are in place and covered with conspicuously posted at each access [FR Doc. 90-10974 Filed 5-18-90; 8:45 am] tarpaulins. opening to the hold or compartment. BILLING CODE 4910-0-M