Carriage of Bulk Solid Materials Requiring Special Handling; Proposed Rule DEPARTMENT OF TRANSPORTATION

SUMMARY: The Coast Guard proposes to amend its regulations for the

carriage of certain bulk solid materials by adding materials carried

under Coast Guard Special Permits issued pursuant to this regulation

(Special Permits) and other materials contained in the International

Maritime Organization Code of Safe Practice for Solid Bulk Cargoes (IMO

Bulk Solids Code, or ``BC Code''), including coal, to the list of

materials permitted under the regulations. The special handling

procedures associated with these materials would also be included in

the regulations. The proposed revisions would harmonize U.S.

regulations with recommended international practice, and eliminate the

need to apply for Special Permits, except for newly classified

hazardous materials.

DATES: Comments must be received on or before July 11, 1994.

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine

Safety Council (G-LRA/3406) (CGD 87-069), U.S. Coast Guard, 2100 Second

Street SW., Washington, DC 20593-0001, or may be delivered to Room 3406

at the same address between 8 a.m. and 3 p.m., Monday through Friday,

except Federal holidays. The telephone number is (202) 267-1477.

Comments on collection of information requirements must be mailed also

to the Office of Information and Regulatory Affairs, Office of

Management and Budget, 725 17th Street NW., Washington, DC 20503, Attn:

Desk Officer, U.S. Coast Guard.

The Executive Secretary maintains the public docket for this

rulemaking. Comments will become part of this docket and will be

available for inspection or copying at room 3406, U.S. Coast Guard

Headquarters. A copy of the material listed in ``Incorporation by

Reference'' of this preamble is available for inspection at Room 1218,

U.S. Coast Guard Headquarters.

FOR FURTHER INFORMATION CONTACT: Mr. Frank K. Thompson, Hazardous

Materials Branch, Office of Marine Safety, Security and Environmental

Protection, (202) 267-1217.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views or arguments. Persons

submitting comments should include their names and addresses, identify

this rulemaking (CDG 87-069) and the specific section of this proposal

to which each comment applies, and give the reason for each comment.

The Coast Guard requests that all comments and attachments be submitted

in an unbound format suitable for copying and electronic filing. If not

practical, a second copy of any bound material is requested. Persons

wanting acknowledgment of receipt of comments should enclose a stamped,

self-addressed postcard or envelope.

The Coast Guard will consider all comments received during the

comment period. It may change this proposal in view of the comments.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to the Marine Safety Council at the address

under ADDRESSES. The request should include reasons why a hearing would

be beneficial. If it determines that the opportunity for oral

presentations will aid this rulemaking, the Coast Guard will hold a

public hearing at a time and place announced by a later notice in the

Federal Register.

Drafting Information

The principal persons involved in drafting this notice are Mr.

Frank K. Thompson, Project Manager, Office of Marine Safety, Security,

and Environmental Protection, and Ms. Helen Boutrous, Project Counsel,

Office of Chief Counsel.

Regulatory History

On April 28, 1989, an Advance Notice of Proposed Rulemaking (ANPRM)

was published in the Federal Register (54 FR 18308). The Coast Guard

received sixteen letters commenting on the ANPRM. These comments will

be discussed later in this rulemaking document. A public hearing was

not requested and one was not held.

Persons interested in the portion of this rulemaking concerning

coal were provided the opportunity to attend and participate in

meetings held by the Chemical Transportation Advisory Committee,

Subcommittee on Coal Transportation. These meetings were announced in

the Federal Register, and were open to the public. Minutes of these

meetings, and the final report of the subcommittee are on file in the

rulemaking docket and may be obtained at the address under ADDRESSES.

Background and Purpose

Bulk solid hazardous materials include materials grouped into a

number of specific classes, the definitions of which are contained in

the Research and Special Programs Administration (RSPA), Department of

Transportation, Hazardous Materials Regulations (HMR) (49 CFR chapter

I, Subchapter C). There are also some solid materials which are not

properly described by any of the hazard classes defined in the HMR, but

which when carried in bulk may pose a threat to the vessel or the crew,

most commonly from a tendency to spontaneously generate heat or to

deplete the oxygen in the cargo space.

The international standard for the marine transport of solid

materials in bulk is the Code of Safe Practice for Solid Bulk Cargoes,

popularly known as the ``BC Code,'' published by the International

Maritime Organization (IMO). In the BC Code, certain materials which do

not fit into the standard IMO hazard classes are placed in the class

``Materials hazardous only in bulk'' (MHB). This class is defined as

materials which, when carried in bulk, present sufficient hazards to

require specific precautions. Examples of such materials include

materials that are liable to reduce the oxygen content in a cargo

space, self-heating materials, or materials which become hazardous when

wet.

The BC Code is currently only a recommended standard. However,

several countries have adopted the Code in their national regulations.

In addition, recent amendments to Chapter VI of the International

Convention for the Safety of Life at Sea, 1974, as amended, (SOLAS 74/

83) adopted certain general provisions of the BC Code. These amendments

to Chapter VI of SOLAS 74/83 were developed by the IMO Subcommittee on

Containers and Cargoes (BC Subcommittee), and adopted by the IMO

Maritime Safety Committee (MSC) at its 59th Session in May 1991. As

adopted by MSC, the amendments to SOLAS 74/83 entered into force for

those countries signatory to the Convention, including the United

States, on January 1, 1994. These amendments to SOLAS 74/83 make

mandatory the provisions of the BC Code dealing with cargo stowage, the

passage of cargo information from the shipper to the master and the use

of oxygen and toxic vapor analyzers. The SOLAS Chapter VI as amended

refers to the BC Code as one possible source of information on the

properties and recommended handling procedures for bulk solid

materials.

Many U.S. export shipments are bound for countries which have

adopted the BC Code as national regulations. These shipments therefore

already comply with the recommendations of the BC Code.

The Coast Guard issues Special Permits for shipments of bulk solid

materials not listed in 46 CFR part 148 in order to establish

requirements for the safe carriage of these materials. The Special

Permits allow the Coast Guard to closely monitor these shipments in

order to determine if the requirements imposed under the permit are

adequate to ensure safe carriage. The Coast Guard also uses Special

Permits to allow the shipment of materials not listed in 46 CFR part

148 for which international guidelines have been established. After a

history of safe transportation has been established under a Coast Guard

Special Permit, carriage requirements for the material may be included

in 46 CFR part 148.

The Coast Guard issues two basic types of Special Permits. The

first type of permit is issued for materials for which recommended

handling procedures are contained in the BC Code. This type of permit

basically restates the recommendations contained in the Code. The

second type of permit is issued for materials classified as hazardous

substances by the HMR or as hazardous wastes by the Environmental

Protection Agency (EPA). When hazardous substances are transported in

quantities exceeding their reportable quantity (RQ) they, by

definition, become hazardous materials. This second type of Special

Permit basically sets forth requirements for preventing crew exposure

to the materials and release of the material to the atmosphere or

water.

Twenty-five new materials are proposed for inclusion in 46 CFR part

148 as materials which require special handling when transported in

bulk by water. All of the twenty-five are covered by the BC Code; in

addition, eleven are regulated by the HMR (49 CFR Chapter I, Subchapter

C), and five are currently subject to Coast Guard Special Permits.

Twelve of the materials proposed for inclusion in 46 CFR part 148 are

classified as MHB in the BC Code.

There are ten materials, classified as MHB in the BC Code, which

have not previously been regulated by the Coast Guard, either in 46 CFR

part 148 or by Special Permit. It is the Coast Guard's position that

these materials, if handled improperly when loaded as bulk cargoes,

pose an unacceptable risk to the vessel and crew. For many of these

materials, monitoring of the cargo space for toxic or flammable gases

and oxygen will be required under Chapter VI of SOLAS 74/83 as amended.

The intent of this proposal is to include in 46 CFR part 148 the

above mentioned twenty-five materials and any special handling

procedures associated with these materials, including those

requirements which will be imposed by Chapter VI of SOLAS 74/83 as

amended.

As of April 1, 1993, the Coast Guard had the following 45 Special

permits outstanding:

SP 8-78 SP 2-85 SP 7-90 SP 2-92

SP 9-78 SP 5-85 SP 8-90 SP 3-92

SP 1-79 SP 6-85 SP 1-91 SP 4-92

SP 7-79 SP 3-86 SP 2-91 SP 5-92

SP 1-80 SP 1-87 SP 3-91 SP 6-92

SP 5-82 SP 2-87 SP 4-91 SP 7-92

SP 6-82 SP 3-87 SP 5-91 SP 8-92

SP 4-83 SP 5-88 SP 7-91 SP 1-93

SP 7-83 SP 3-89 SP 8-91 SP 2-93

SP 8-83 SP 5-90 SP 9-91 SP 3-93

SP 1-84 SP 6-90 SP 1-92 SP 4-93

SP 5-93

The above Special Permits, which affect bulk solid cargoes such as

ammonium nitrate fertilizers, ferrosilicon, and metal ore concentrates

would be terminated as of their expiration dates following publication

of a final rule.

Discussion of Comments

As stated earlier, sixteen comments were received in response to

the ANPRM.

1. Five of the comments requested that the Coast Guard reconsider

the necessity of regulating unmanned inland barges in the same manner

as oceangoing vessels. It was never the intent of the Coast Guard to

require unmanned barges to comply with the same requirements as manned

vessels. This position is evidenced by question nine in the ANPRM.

Barges would be specifically exempted from complying with the stated

requirements in several places in the NPRM. For example, barges would

not be required to carry any gas monitoring equipment. The Coast Guard

recognizes that the SOLAS Convention applies only to self-propelled

oceangoing vessels, and that to require vapor detection equipment on

unmanned barges would be unnecessary and impractical since the primary

purpose of the equipment is to protect the vessel's crew from being

exposed to harmful vapors or entering spaces which lack the oxygen

necessary to support life. Placing personnel on the vessel to take

measurements would increase the likelihood of introducing a source of

ignition that would not otherwise be present. This equipment would also

be of little benefit on open hopper barges, where any vapors generated

escape to the atmosphere.

2. One comment suggested that the responsibility of the shipper to

provide shipping papers be stated with more specificity. The Coast

Guard has adopted this suggestion. Paragraph (a) of Sec. 148.60 would

contain a provision requiring that the shipping paper be prepared by

the shipper. Additionally, in several sections, including

Secs. 148.15(a) and (b), 148.25(a) and 148.90(c), the responsibility of

the shipper would be further clarified. These sections would state that

it is the shipper's responsibility to determine if a Special Permit is

required, and to apply for the Special Permit. The shipper would also

be responsible for producing the originating shipping paper, and, most

importantly, the shipper would be responsible for passing information

to the master of the vessel (or the tug or towboat operator) concerning

the nature of the cargo to be loaded and any necessary precautions to

be taken while loading and transporting that cargo.

3. Several comments stated that classification of previously

unregulated materials as hazardous would impose unforeseen burdens on

the shippers of these materials. The comments expressed concern that

the materials would be subject to regulations covering all modes of

transport, including truck and rail, and that the Occupational Safety

and Health Administration (OSHA) requirements for Material Safety Data

Sheets and Hazard Communication Programs would be applied to shipments

of the material.

It is not the Coast Guard's intent to classify the materials

previously unregulated by the Coast Guard as ``hazardous''. In response

to the concerns raised by the comments, this NPRM proposes to change

the title of 46 CFR part 148 to ``Bulk Solid Materials Requiring

Special Handling'' thereby eliminating the word ``hazardous''. The

proposed rules would also establish a new classification called

``Potentially Dangerous Materials'' (PDM) which would parallel the IMO

classification MHB. This classification would include materials that

may be transported in bulk without posing undue risk if the precautions

described in part 148 are observed. Conversely, if these precautions

are not followed, the material in this category would have the

potential to cause harm. In most cases the proposed precautions are

simply good operating procedures that would be followed by a prudent

mariner in order to ensure the safety and integrity of the vessel.

Also, proposed Sec. 148.1 clearly states that these regulations would

apply only to bulk shipments of these materials by water, and proposed

Sec. 148.3 clearly states that materials defined as Potentially

Dangerous Materials would be regulated only when being carried as a

bulk cargo on board a vessel. These categories and requirements would

clearly reflect the intended status and handling requirements for the

materials in question.

4. One comment noted that the amendments to Chapter VI of SOLAS 74/

83 will not render the BC Code mandatory, and, that since the code will

remain a recommended standard, it should not be referenced in the Coast

Guard regulations. The fact that IMO has not made the BC Code mandatory

through SOLAS does not prohibit any sovereign nation from adopting the

Code or any of its provisions through that nation's domestic statutes

and regulations. The Coast Guard proposes, however, to incorporate by

reference in 46 CFR part 148 only those portions of the BC Code dealing

with hazardous materials. Thus, selected pertinent provisions of the BC

Code would be adopted in the Coast Guard regulations. Where necessary,

those provisions of the BC Code included in the proposed rules would be

modified to fit the nature of the U.S. shipping industry.

5. One comment suggested that the format of the regulations not be

substantially altered because those affected by the regulations are

familiar with the current format. The comment suggested that if the

motivating concern of the Coast Guard is reduction of the paperwork

burden of the Special Permit process, then the Coast Guard should

change the permitting process to allow for one permit per commodity,

with interested shippers becoming a party to that permit, and extend

the expiration date of the permit by ten years. The comment suggested

adopting these changes without adding any of the materials currently

carried under Special Permit to the list of materials permitted under

the regulations.

The Coast Guard does not agree with this comment. It is the Coast

Guard's position that while this rule, if adopted, would alter the

current format of the regulations, it would also clarify the

responsibilities of shippers and provide them with important safety

information. Elimination of the time-consuming paperwork burden

inherent in the Special Permit process for those materials which have

an established record of safe transportation is only one of the

motivating factors for undertaking this regulatory revision. Under this

proposal, new or one-time carriers of a material would be informed of

the risks and precautions involved in carrying that material. When the

materials currently carried under Special Permit are not included in

the proposed regulations, there is a possibility that a shipper or

carrier might not be aware that a material is potentially dangerous

when carried in bulk and therefore might not observe the appropriate

precautions.

In addition, the inclusion of materials currently carried under

Special Permit in 46 CFR part 148 would allow all shippers more

flexibility since they would not have to allow for lead time to obtain

a Special Permit, and would have a wider choice in the number of

cargoes that they would be able to carry.

6. One comment suggested that the Coast Guard differentiate between

the hazards associated with the various materials. This has been done

by placing the materials into one of the hazard classes defined by the

HMR or by classifying them as PDM and including provisions with special

requirements for materials with the potential to cause significant harm

if mishandled.

7. One comment stated that there is no need to change U.S.

regulations until the amendments to Chapter VI of SOLAS 74/83 are

approved by IMO and the BC Code becomes mandatory. The Coast Guard does

not agree with this comment. The amendment to Chapter VI of SOLAS 74/83

will not make the entire BC Code mandatory, only certain basic

provisions concerning the passage of cargo information from the shipper

to the master and the use of vapor detection equipment will become

mandatory. Moreover, since the comment was received, the revisions to

Chapter VI of SOLAS 74/83 were adopted at the 59th session of MSC.

Therefore, the Coast Guard has determined that there is no need to

further delay the proposal to revise 46 CFR part 148.

8. Three comments supported the addition of Direct Reduced Iron

(DRI), in both hot-molded and cold-molded briquets, to the regulations,

since they are currently being shipped under Special Permits which

mirror the provisions of the BC Code. The requirements for carrying DRI

are included in proposed Secs. 148.245 and 148.250.

9. Two comments suggested that the provision of Special Permit 1-92

excepting shipments of DRI lumps, pellets, and cold-molded briquets on

short and sheltered voyages from the requirement that such cargoes must

be inerted or inhibited should be extended to voyages made entirely on

the inland waters of the U.S. This comment is adopted and is included

in proposed Sec. 148.245(h)(2).

10. One comment recommended that precautions for entering inerted

holds be added to the requirements for carrying DRI lumps, pellets and

cold-molded briquets. The comment noted that when carbon dioxide is the

inerting medium, a safety risk could possibly be created by carbon

monoxide produced by reaction between the carbon dioxide and the DRI.

The recommendation is adopted and appropriate requirements for

analyzing the atmosphere of the cargo hold for carbon monoxide and

oxygen prior to entry are included in proposed Sec. 148.245(g). Also,

that section is referenced in proposed Table 148.10.

11. Four comments recommended that the Coast Guard refrain from

publishing any proposed requirements for the carriage of coal prior to

receiving the final report of the Chemical Transportation Advisory

Committee (CTAC) Subcommittee on Coal Transportation.

CTAC formed the Coal Subcommittee in order to obtain the

recommendations of the U.S. coal industry, and the Coast Guard did not

intend to publish any requirements for the carriage of coal prior to

receiving the Subcommittee's report. Since this comment was received,

the final report of the Coal Subcommittee was submitted to and approved

by CTAC. Subsequently, the Coast Guard prepared and submitted a

proposal based on the Coal Subcommittee's final report to the 31st

session of the IMO Subcommittee on Containers and Cargoes (The ``BC

Subcommittee''). The U.S. proposal, with some slight modifications, was

adopted by the BC Subcommittee; and in 1991, the provisions of the BC

Code dealing with the transport of coal were amended accordingly.

Proposed Sec. 148.240 is based on the BC Code as amended.

Proposed Sec. 148.240 differs from the report of the CTAC Coal

Subcommittee in the following respects:

a. The report offers no guidance on the frequency of monitoring for

methane and carbon monoxide, while paragraphs (i) and (l) of proposed

Sec. 148.240 set out minimum testing frequency for that coal which is

most likely to create dangerous conditions. Under proposed

Sec. 148.240(n), it would be within the discretion of the master to

reduce the frequency of monitoring in certain situations.

b. The report does not specify that the temperature of a self-

heating coal must be monitored. Paragraph (j) of proposed Sec. 148.240

would require such monitoring.

c. The report directs the master to seek expert advice and to

consider heading for the nearest suitable port of refuge if it is

determined that the coal is heating. Proposed Sec. 148.240(k) would

require the master to contact the nearest Coast Guard Captain of the

Port when a coal cargo is heating.

Other comments about coal concern the effects of designating coal

as a hazardous material and question the necessity of regulating barge

shipments of coal. These issues are addressed in the discussion on the

designation of certain materials as potentially dangerous, and in the

discussion of the treatment of barge shipments.

12. Two comments recommended that, based on experience gained while

shipping uncalcined petroleum coke under the terms of a Coast Guard

Special Permit, uncalcined petroleum coke be treated in the same manner

as calcined petroleum coke in the proposed regulations. This

recommendation is adopted and is included in Sec. 148.295. In addition,

the Coast Guard submitted a paper to the 30th session of the IMO

Subcommittee on Containers and Cargoes recommending that a similar

change be made to the BC Code. This proposal met with approval and the

BC Code was amended accordingly.

13. One comment requested that a public hearing be held in the

event that woodchips and wood pulp pellets were not removed from this

rulemaking. The Coast Guard declined to schedule a public hearing at

this stage of the rulemaking. The only requirement for shipments of

woodchips and wood pulp pellets included in this proposed rule is that

closed holds be tested prior to entry to ensure that they contain

sufficient oxygen to support life. Because most U.S. shipments of

woodchips and wood pulp pellets are currently made in open barges, this

requirement would not apply to most U.S. shipments. The requirement is

retained in this proposal in order to comply with the revisions to

Chapter VI of SOLAS 74/83. Because the requirement would not apply to

most U.S. shipments of woodchips and wood pulp pellets, the Coast Guard

has determined that a public hearing is not necessary at this time.

Discussion of Proposed Amendments

Subpart 97.12

Subpart 97.12 of 46 CFR part 97 would be revised to clarify that

the subpart would apply to bulk solid cargoes in general and not only

to ores and ore concentrates. Due to experience gained from a casualty

to a foreign vessel that loaded a bulk solid cargo in a U.S. port, the

Coast Guard also proposes to extend the applicability of this part to

foreign vessels operating in U.S. navigable waters. Further, existing

Sec. 97.12-5, which has not been revised since 1965, references a

manual that was the predecessor of the BC Code and that is no longer in

print. The revised section would include reference to the BC Code as a

source of information for use in complying with the requirement that

the master of a vessel be furnished with guidance on safe loading and

stowage.

Part 148

As discussed, the title of part 148 would be changed to read ``Bulk

Solid Materials Requiring Special Handling''.

This NPRM also proposes to modify the structure of the regulations

from four to six subparts. Each is explained below briefly.

Subpart A would state the purpose and applicability of the

regulations, define terms used in the part, and list (in tabular form)

the solid materials permitted to be carried as bulk cargoes.

Subpart B would provide all relevant information concerning Special

Permits.

Subpart C would set forth minimum transportation requirements for

all materials regulated by 46 CFR part 148 and the requirements for

shipping papers and Dangerous Cargo Manifests.

Subpart D would set forth general stowage and segregation

requirements for materials according to their hazard class, and, in

addition, would contain stowage and segregation requirements for

specific materials.

Subpart E would contain special handling, loading, and carriage

requirements for specific materials. The requirements for specific

materials in subpart D and this subpart would be in addition to the

minimum requirements for all materials and the general requirements for

their respective hazard classes contained in subpart C.

Subpart F would contain requirements for special equipment or

procedures when dealing with certain cargoes. The requirements of this

part would apply when dealing with a cargo only if a provision from

this part is included in Table 148.10 in reference to a particular

material included in that cargo.

The current sections of part 148 would be revised and renumbered as

follows:

------------------------------------------------------------------------

Current section Replaced by proposed section

------------------------------------------------------------------------

148.01-1................................. 148.1, 148.3

148.01-7................................. 148.10

148.01-9................................. 148.15, 148.20

148.01-11................................ 148.25

148.01-13................................ 148.12

148.01-15................................ 148.9

148.02-1................................. 148.60

148.02-3................................. 148.70

148.02-5................................. 148.115

148.03-1................................. 148.50

148.03-5................................. 148.60

148.03-7................................. 148.100

148.03-11................................ Subpart D

148.03-13................................ 148.110

148.04-1................................. 148.300

148.04-9................................. 148.265

148.04-13................................ 148.260

148.04-15................................ 148.295

148.04-17................................ 148.295

148.04-19................................ 148.320

148.04-20................................ 148.315

148.04-21................................ 148.130(a)(4) and (c)

148.04-23................................ 148.230.

------------------------------------------------------------------------

The following proposed sections differ substantively from the

current regulations:

Section 148.1. The proposed regulations would apply to foreign-

flag, as well as U.S.-flag, vessels when operating in U.S. waters. The

regulations would apply to all classes of vessels that transport solid

bulk cargoes which require special handling, including unmanned barges

and barge-carrying vessels.

Section 148.3. This section would include several new definitions,

including ``potentially dangerous material.'' Also, the definition of

``bulk'' has been revised for clarity and consistency with the BC Code.

Section 148.8. The appendices B, D.1, D.4 and D.5 of the 1991

Edition of the BC Code would be incorporated by reference. Several

provisions of the proposed rules require the performance of tests

specified in the BC Code appendices. Shippers and carriers in

international commerce will be able to comply with the BC Code where

such compliance is required by the administration of the country of

origin or destination.

Section 148.10. The format for table 148.10 would be modified. The

table would include the UN number and hazard class of the materials and

references to sections of special requirements to be followed whenever

that material is carried. These revisions would make it easier to

determine the exact requirements for the carriage of each approved

cargo.

Sections 148.15 through 148.30. These sections would clarify when a

Special Permit is required, who would have to apply for a Special

Permit, what information would be required to be submitted to obtain a

Special Permit, and who would be covered by the Special Permit once it

is issued. These proposed sections are more detailed than the current

regulations in order to more clearly state each person's responsibility

and to clear up recurring misunderstandings concerning the

applicability of the Special Permit. The submittal of detailed

information about the material carried would also greatly decrease the

amount of time currently spent by the Coast Guard in doing the

necessary research to process each petition for a Special Permit.

Section 148.15. This proposed section places the responsibility on

the shipper to determine if the material to be shipped fits into any of

the hazard classes defined in the HMR or whether it meets the

definition of a PDM.

Section 148.20. This section would list the information that must

be included in a petition for a Special Permit. Submission of a

Material Safety Data Sheet (MSDS) would, in part, fulfill this

requirement. When applying for renewal or extension of an existing

Special Permit, a shipper would be permitted to submit less detailed

information because the Coast Guard would already be in possession of

much of the information.

Section 148.30. This section would instruct the shipper on how to

obtain a listing of materials for which a Special Permit currently

exists.

Section 148.55. This proposed section states that the regulations

apply to all transportation of solid bulk cargoes within the United

States including shipments which originate in foreign countries. This

section provides that it would be the responsibility of the person

importing a bulk solid cargo to ensure that the foreign shipper is

aware of U.S. regulatory requirements.

Section 148.120. This section would contain two tables presenting

the requirements for segregation between incompatible bulk solid

cargoes and segregation between bulk solid cargoes and incompatible

packaged cargoes. These tables are identical to those which appear in

the BC Code.

Section 148.155. The properties of potentially dangerous materials

vary greatly. This section would present the special stowage and

segregation requirements for these materials in tabular form for

clarity.

Section 148.260. This proposed section specifies that a vessel may

not leave port unless the Captain of the Port is satisfied that the

temperature of the metal turnings is in accordance with the limits set

by the applicable provisions of this section. The current provision

merely specifies that the Captain of the Port must be notified if the

temperature limits are exceeded.

Section 148.270. This section would establish a new category of

materials in part 148. Hazardous substances have previously been

carried only under Special Permits issued on a case by case basis.

Hazardous substances are classified by the EPA based on the potential

of an accidental release of the material to endanger public health or

welfare or the environment. The EPA assigns to each hazardous substance

a ``Reportable Quantity'' (RQ), which is that quantity, the release of

which, requires notification pursuant to 40 CFR part 302.

The HMR, in 49 CFR 171.8, defines hazardous materials as including

hazardous substances. Hazardous substances are defined as materials,

including mixtures and solutions, that are listed in the appendix to

Sec. 172.101 and that are present in a quantity, in one package, that

exceeds the RQ of that substance. The definition further sets out the

concentration of a hazardous substance, for mixtures and solutions,

that must be present before the mixture or solution is considered a

hazardous substance. For bulk shipments, the entire shipment would be

taken into consideration since there is no package. RQs assigned by EPA

do not exceed 5,000 pounds, so any bulk shipment of hazardous substance

would be a shipment of a hazardous material. This section would not

relieve the shipper or the master from any of the reporting

requirements set forth in 40 CFR part 302, but would set out minimum

requirements for the safe carriage of solid hazardous substances in

bulk.

Sections 148.300 and 148.305. These sections would be revised to

reflect recent amendments to the HMR and the BC Code which have

redefined low specific activity (LSA) radioactive materials and added a

new entry for Radioactive Material, Surface Contaminated Objects.

Section 148.330. In spite of the stated intention of this

rulemaking to harmonize U.S. regulations with the BC Code, this

section, which applies to zinc ashes, zinc dross, zinc residues, and

zinc skimmings, differs significantly from the BC Code. The provisions

of this section are based on two Coast Guard Special Permits, SP 8-83

and SP 4-84. The terms of these permits were developed as the result of

a number of incidents involving fires or explosions in cargoes of zinc

skimmings, including at least one with loss of life. The intention of

this section is to reduce the possibility of hydrogen gas generation

caused by the reaction of seawater and zinc. Under the proposed

section, the cargo hold of vessels selected to carry zinc ashes, zinc

dross, zinc residues or zinc skimmings must be equipped with mechanical

ventilation using motors approved for use in hydrogen gas atmospheres,

permanently installed combustible gas detectors, and temperature-

sensing thermocouples.

Section 148.450. On April 11, 1991, off the coast of California, a

foreign-flag vessel that had loaded a bulk solid cargo in a U.S. port

developed a severe list due to shifting of the cargo. Fortunately, this

vessel was able to return to port and off-load its cargo. The Coast

Guard investigation of this marine casualty determined that the cargo

shifted because its moisture content exceeded the safe transportable

limit, and that this caused the cargo to behave as a liquid. Due to

this marine casualty and others of a similar nature, the Coast Guard

proposes to add a new section that prescribes requirements for bulk

solid cargoes that are subject to liquefaction. The proposed

regulations are adapted from the BC Code and would only apply to

calcined pyrites, coal, and metal sulfide concentrates as indicated in

table 148.10. The proposed rules would recommend, but not require, use

of the test procedures in appendix D of the BC Code to determine the

moisture content and transportable moisture limit of bulk solid

cargoes.

Incorporation by Reference

The following material would be incorporated by reference in

Secs. 148.55, 148.205, 148.220, and 148.450:

The Code of Safe Practice for Bulk Solid Cargoes, Appendices B,

D.1, D.4 and D.5.

Copies of the material are available for inspection where indicated

under ADDRESSES. Copies of the material are available at the addresses

given in Sec. 148.8.

Before publishing a final rule, the Coast Guard will submit this

material to the Director of the Federal Register for approval of the

incorporation by reference.

Regulatory Assessment

This proposal is not a significant regulatory action under

Executive Order 12866 and not significant under the ``Department of

Transportation Regulatory Policies and Procedures'' (44 FR 11040;

February 26, 1979). A draft Regulatory Assessment is available in the

docket for inspection and copying where indicated under ``ADDRESSES''.

These proposed regulations would have a multifaceted economic

impact on the bulk solids transportation industry. The Coast Guard

estimates that if these regulations are adopted there would be an

economic impact on the entire bulk solid shipping industry of $391,653

per year, after an initial investment of $168,000. Costs associated

with preparation of the vessels and operation and maintenance of the

equipment are estimated to be $373,440 annually. The cost of doing the

paperwork necessary under the proposed revisions to this part is

estimated to be $18,213 annually, which is less than half of the

$43,745 estimated for the current regulations due to the elimination of

the need to apply for Special Permits for most cargoes.

Amendments to add those materials currently carried under Special

Permit to those listed in 46 CFR part 148 that may be carried with

special handling, will, if adopted, reduce the paperwork burden on the

regulated industry and the Coast Guard, and provide greater flexibility

for shippers of bulk solid materials.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 501 et seq.), the

Coast Guard must consider whether this proposal, if adopted, will have

a significant economic impact on a substantial number of small

entities. ``Small entities'' include independently owned and operated

small businesses that are not dominant in their field and that

otherwise qualify as ``small business concerns'' under section 3 of the

Small Business Act (15 U.S.C. 632).

It is estimated that the bulk solid materials affected by this

proposal would be shipped on 18 vessels, by at least one hundred

different shippers. Therefore, the cost of these regulations would be

divided among numerous interests and would not significantly impact any

particular interest.

Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that

this proposal, if adopted, will not have a significant economic impact

on a substantial number of small entities. If, however, you think that

your business qualifies as a small entity and that this proposal will

have a significant economic impact on your business, please submit a

comment (see ADDRESSES) explaining why you think your business

qualifies and in what way and to what degree this proposal will

economically affect your business.

Collection of Information

Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the

Office of Management and Budget (OMB) reviews each proposed rule that

contains a collection of information requirement to determine whether

the practical value of the information is worth the burden imposed by

its collection. Collection of information requirements include

reporting, recordkeeping, notification, and other, similar

requirements.

This proposal contains collection of information requirements in

the following sections: 46 CFR part 148, subpart B and 148.60 and

148.70. The following particulars apply:

DOT No: 2115.

OMB Control No: 2115-0100.

Administration: U.S. Coast Guard.

Title: Carriage of Bulk Solid Materials Requiring Special Handling.

Need for Information: Special Permits allow the Coast Guard to

ensure safety while allowing the shipping industry the flexibility to

ship new materials. Shipping papers are necessary to identify the cargo

being shipped and the hazard associated with the cargo. The Dangerous

Cargo Manifest provides information on the location and quantity of

hazardous materials on board a vessel. Shipper's certificates ensure

that certain cargoes are acceptable for shipment by vessel.

Proposed Use of Information: This information is used by the Coast

Guard to ensure safety on board vessels and in administering and

enforcing the laws, regulations, and international treaties for the

safe transportation and stowage of hazardous materials.

Responses: 1521 per year.

Respondents: 100.

Frequency of Response: 15.2 per respondent per year.

Burden Estimate: 575 hours per year.

Average Burden Hours per Respondent: 5.75 hours per year.

The Coast Guard has submitted the requirements to OMB for review

under section 3504(h) of the Paperwork Reduction Act. Persons

submitting comments on the requirements should submit their comments

both to OMB and to the Coast Guard where indicated under ADDRESSES.

Federalism

The Coast Guard has analyzed this proposal under the principles and

criteria contained in Executive Order 12612, and has determined that

this proposal does not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

This rulemaking proposes regulations under which certain solid

materials requiring special handling may be transported in bulk by

water. The regulations would apply to each domestic and foreign vessel,

which is not exempted under 49 U.S.C. 1806(b), that transports solid

materials requiring special handling when transported in bulk, when in

the navigable waters of the United States. The authority to establish

such regulations for vessels operating in the navigable waters of the

United States has been committed to the Coast Guard by Federal

statutes. Furthermore, since vessels tend to move from port to port in

the national and international marketplace, the safety standards

proposed in this rule should be of national scope to avoid burdensome

variances. Therefore, the Coast Guard intends this rule, if adopted, to

preempt state action addressing the same subject matter.

Environment

The Coast Guard considered the environmental impact of this

proposal and concluded that preparation of an Environmental Impact

Statement is not necessary. An Environmental Assessment and a draft

Finding of No Significant Impact are available in the docket for

inspection and copying where indicated under ADDRESSES. The only

environmental impact of this rulemaking would be to decrease the

likelihood of a spill or release of hazardous material into the

environment. This decrease in the probability of a spill can be

attributed to an increased awareness of the potential danger of

hazardous bulk solid materials, and the decreased risk of a fire or

explosion on a vessel carrying these materials. Since bulk carriers

currently have a very low rate of spills and releases, this impact

would be minimal.

List of Subjects

46 CFR Part 97

Cargo vessels, Marine safety, Navigation (water), Reporting and

recordkeeping requirements.

46 CFR Part 148

Cargo vessels, hazardous materials transportation, Marine safety.

For the reasons set out in the preamble the Coast Guard proposes to

amend 46 CFR parts 97 and 148 as follows:

PART 97--OPERATIONS

1. The authority citation for part 97 is revised to read as

follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 5111, 6101; 49

U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp.,

p. 793; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR

1.46.

2. Subpart 97.12 is revised to read as follows:

Subpart 97.12--Bulk Solid Cargoes

Sec. 97.12-1 Applicability.

(a) Notwithstanding Sec. 90.05-1(a)(1) of this chapter, this

subpart applies to each vessel, other than an unmanned barge, to which

this subchapter applies, and to each foreign vessel operating on the

navigable waters of the United States, when carrying a bulk solid

cargo.

(b) A bulk solid cargo, is a cargo other than grain that consists

of a combination of particles, granules, or larger pieces of material,

generally uniform in composition, and that is loaded directly into a

cargo space of a vessel without any intermediate form of containment.

(c) Additional requirements applying to bulk solid materials

requiring special handling are contained in part 148 of this chapter.

Sec. 97.12-5 Guidance to be furnished to the master.

(a) The owner or operator of each vessel to which this subpart

applies shall furnish the master of that vessel with guidance

concerning the safe loading and stowage of each bulk solid cargo

carried by that vessel.

(b) The ``Code of Safe Practice for Solid Bulk Cargoes'', printed

and distributed by the International Maritime Organization contains

general information on the loading and stowage of bulk solid cargoes

which may be used to comply with the requirement of paragraph (a) of

this section. NOTE: This code is available from the source listed in

Sec. 148.8(b) of this chapter.

3. In Sec. 97.55-1, the first sentence of paragraph (a) is revised

to read as follows:

Sec. 97.55-1 Master's responsibility.

(a) Before loading bulk grain or any bulk solid cargo to which

Sec. 148.435 of this chapter applies, the master shall have the

lighting circuits to cargo compartments in which the grain or bulk

solid cargo is to be loaded deenergized at the distribution panel or

panel board. * * *

* * * * *

4. Part 148 is revised to read as follows:

PART 148--CARRIAGE OF BULK SOLID MATERIALS WHICH REQUIRE SPECIAL

HANDLING

Subpart A--General

Sec.

148.1 Applicability.

148.3 Definitions.

148.5 Alternative procedures.

148.7 OMB control numbers assigned pursuant to the Paperwork

Reduction Act.

148.8 Incorporation by reference.

148.9 Right of appeal.

148.10 Permitted materials.

148.12 Assignment and certification.

Subpart B--Special Permits

148.15 Petition for Special Permit.

148.20 Information required when petitioning for a Special Permit.

148.25 Special Permits; standard conditions.

148.30 List of Special Permits issued.

Subpart C--Minimum Transportation Requirements

148.50 General.

148.55 International shipments.

148.60 Shipping papers.

148.70 Dangerous cargo manifest.

148.80 Supervision of cargo transfer.

148.90 Prior to loading.

148.100 Log book entries.

148.110 After unloading.

148.115 Report of incidents.

Subpart D--Stowage and Segregation

148.120 Stowage and segregation requirements.

148.125 Stowage and segregation for materials of class 4.1.

148.130 Stowage and segregation for materials of class 4.2.

148.135 Stowage and segregation for materials of class 4.3.

148.140 Stowage and segregation for materials of class 5.1.

148.145 Stowage and segregation for materials of class 7.

148.150 Stowage and segregation for materials of class 9.

148.155 Stowage and segregation for potentially dangerous

materials.

Subpart E--Special Requirements for Certain Materials

148.200 Purpose.

148.205 Ammonium nitrate fertilizers.

148.220 Ammonium nitrate-phosphate fertilizers.

148.225 Calcined pyrites (pyritic ash, fly ash).

148.227 Calcium nitrate fertilizers

148.230 Lime, unslaked (Calcium oxide).

148.235 Castor beans.

148.240 Coal.

148.245 Direct reduced iron (DRI); lumps, pellets and cold-molded

briquets.

148.250 Direct reduced iron (DRI); hot-molded briquets.

148.255 Ferrosilicon, aluminum ferrosilicon, and aluminum silicon;

containing more than 30% but less than 90% silicon.

148.260 Ferrous metal.

148.265 Fish meal or fish scrap.

148.270 Hazardous substances.

148.275 Iron oxide, spent; iron sponge, spent.

148.280 Magnesia, unslaked (lightburned magnesia, calcined

magnesite, caustic calcined magnesite).

148.285 Metal sulfide concentrates.

148.295 Petroleum coke, calcined or uncalcined, at 55 deg.C

(131 deg.F) or above.

148.300 Radioactive material; low specific activity.

148.305 Radioactive material; surface contaminated objects.

148.310 Seed cake.

148.315 Sulfur.

148.320 Tankage; garbage tankage; rough ammonia tankage; or tankage

fertilizer.

148.325 Wood chips; wood pulp pellets.

148.330 Zinc ashes; zinc dross; zinc residues; zinc skimmings.

Subpart F--Additional Special Requirements

148.400 Applicability.

148.405 Sources of ignition.

148.407 Smoking.

148.410 Fire hoses.

148.415 Toxic gas analyzers.

148.420 Flammable gas analyzers.

148.425 Oxygen analyzers.

148.430 Self-contained breathing apparatus.

148.435 Electrical circuits in cargo holds.

148.440 Stowage precautions.

148.445 Adjacent spaces.

148.450 Cargoes subject to liquefaction.

Authority: 46 U.S.C 5111; 49 U.S.C. App. 1804; 49 CFR 1.46

Subpart A--General

Sec. 148.1 Applicability.

(a) This part prescribes the regulations under which certain solid

materials requiring special handling may be transported in bulk by

water.

(b) The regulations in this part apply to each domestic and foreign

vessel that is not exempted under 49 U.S.C. 1806(b) and that transports

solid materials requiring special handling when transported in bulk,

when in the navigable waters of the United States.

(c) Each master of a vessel, person in charge of a barge, owner,

operator, charterer, and agent shall ensure compliance with this part

and communicate the requirements to every person performing any

function covered by this part.

Sec. 148.3 Definitions.

The following terms are defined as used in this part:

A-60 class division means such a division as defined in Sec. 32.57-

5 of this chapter.

Adjacent space means an enclosed space on a vessel, such as a cargo

hold or compartment, accommodation or working space, storeroom,

passageway, or tunnel, that shares a common bulkhead or deck with a

cargo hold or compartment containing a material listed in table 148.10

of this part and that has a hatch, door, scuttle, cable fitting, or

other penetration through such a bulkhead or deck.

Away from means effectively segregated so that incompatible

materials cannot interact dangerously in the event of an accident but

may be carried in the same hold or compartment or on deck provided a

minimum horizontal separation of 3 meters (10 feet), projected

vertically, is provided.

BC Code means the Code of Safe Practice for Solid Bulk Cargoes

published by the International Maritime Organization, 4 Albert

Embankment, London SE1 7SR, UK.

Bulk applies to any material, other than a liquid or gas,

consisting of a combination of particles, granules or any larger pieces

of material, generally uniform in composition, which is loaded directly

into the cargo spaces of a vessel without any intermediate form of

containment.

Cold-molded briquets are briquets of DRI that have been molded at a

temperature of under 650 deg.C (1495 deg.F) or that have a density of

under 5.0 g/cm3.

Commandant (G-MTH) is the Marine Technical and Hazardous Materials

Division of the Coast Guard Office of Marine Safety, Security and

Environmental Protection. The address is: the Commandant (G-MTH), U.S.

Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-

0001. The telephone number is (202) 267-1217.

DRI means direct reduced iron.

Ferrous metal means ferrous metal borings, shavings, turnings, or

cuttings.

Hazard class (class) means the category of hazard assigned to a

material under this part and 49 CFR parts 171 through 173.

Hazard classes used in this part are defined in the following

sections of 49 CFR:

Hazard Class Definitions

------------------------------------------------------------------------

Class No.--description Reference

------------------------------------------------------------------------

Class 1, 1.1, 1.4, 1.5--Explosives.......................... Sec. 173.5

0

Class 2--Compressed gas..................................... Sec. 173.1

15

Class 3--Flammable liquid................................... Sec. 173.1

20

Class 4, 4.1, 4.2, 4.3--Flammable solid, spontaneously

combustible material, dangerous when wet material.......... Sec. 173.1

20

Class 5, 5.1--Oxidizer and organic peroxide................. Sec. 173.1

27

Class 6.1--Poisonous material............................... Sec. 173.1

32

Class 7--Radioactive material............................... Sec. 173.2

Sec. 173.4

03

Class 8--Corrosive material................................. Sec. 173.1

36

Class 9-- Miscellaneous hazardous material.................. Sec. 173.1

40

------------------------------------------------------------------------

Hazardous substance is a substance as defined in 49 CFR 171.8.

Hold means a space below deck that is used exclusively for the

stowage of cargo and that is enclosed by the vessel's decks and sides

or permanent steel bulkheads.

Hot-molded briquets are briquets of DRI that have been molded at a

temperature of 650 deg.C (1495 deg.F) or higher, or that have a

density of 5.0 g/cm\3\ (312 lb/ft\3\) or greater.

LFL means lower flammable limit.

Master includes an authorized representative of the master.

Material Safety Data Sheet is as defined in 29 CFR 1910.1200.

Potentially Dangerous Material (``PDM'') means a material which,

although not specifically falling into a particular hazard class, when

carried as a bulk cargo on board a vessel presents sufficient

likelihood of developing dangerous conditions which require specific

precautions. Materials in this class include those which may cause

oxygen depletion in the cargo hold, and those liable to self-heating.

Materials which present a potential danger associated solely with their

tendency to shift in the cargo hold are not included in this class of

material.

Readily Combustible Material is as defined in 49 CFR 176.3.

Reportable Quantity (RQ) is as defined in 49 CFR 171.8.9

Seed cake means the residue remaining after the vegetable oil has

been extracted by a solvent process or mechanically expelled from oil-

bearing seeds such as coconuts, cotton seed, peanuts, linseed, etc.

Separated by a complete cargo compartment or hold from means either

a vertical or horizontal separation. If the intervening decks are not

resistant to fire and liquid, only horizontal separation, i.e. by a

complete cargo compartment or hold, is acceptable.

Separated from means in different cargo compartments or holds when

stowed under deck. If the intervening deck is resistant to fire and

liquid, a vertical separation, i.e. in different cargo compartments, is

acceptable as equivalent to this segregation.

Separated longitudinally by an intervening complete cargo

compartment or hold from means that vertical separation alone does not

meet this requirement.

Shipper includes an authorized representative of the shipper.

Stowage factor means the number of cubic meters that 1000 kilograms

(0.984 long ton) of a bulk solid material will occupy.

Surface ventilation means ventilation which is sufficient to remove

accumulated gases from the void space above the cargo, but which does

not direct air into the body of the cargo.

Transported includes the various operations associated with cargo

transportation such as, loading, off-loading, handling, stowing,

carrying, and conveying.

Vessel means a cargo ship or barge.

Sec. 148.5 Alternative procedures.

(a) The Commandant (G-MTH) may authorize the use of an alternative

procedure in place of any requirement of this part if it is

demonstrated to the satisfaction of the Coast Guard that the

requirement is impracticable or unnecessary and that an equivalent

level of safety can be maintained.

(b) Each request for authorization of an alternative procedure must

be in writing, identify the requirement for which the alternative is

requested, and contain a detailed explanation of--

(1) Why the requirement is impracticable or unnecessary; and

(2) What measures will be taken to maintain an equivalent level of

safety.

Sec. 148.7 OMB control numbers assigned pursuant to the Paperwork

Reduction Act.

(a) Purpose. This section collects and displays the control numbers

assigned to information collection and recordkeeping requirements in

this part by the Office of Management and Budget (OMB) pursuant to the

Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). The Coast

Guard intends that this section comply with the requirements of 44

U.S.C. 3507(f), which requires that agencies display a current control

number assigned by the Director of the OMB for each approved agency

information collection requirement.

(b) Display.

------------------------------------------------------------------------

Current

OMB

46 CFR part or section where identified or described control

No.

------------------------------------------------------------------------

Part 148.................................................... 2115-0100

------------------------------------------------------------------------

Sec. 148.8 Incorporation by reference.

(a) Certain materials are incorporated by reference into this part

with the approval of the Director of the Federal Register in accordance

with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other

than the one listed in paragraph (b) of this section, notice of change

must be published in the Federal Register and the material must be made

available to the public. All approved material is on file for

inspection at the Office of the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC, and at the U.S. Coast Guard,

Marine Technical and Hazardous Materials Division (G-MTH), 2100 Second

Street, SW, Washington, DC 20593-0001, and is available from the

sources indicated in paragraph (b) of this section.

(b) The material approved for incorporation by reference in this

part are the following appendices of the Code of Safe Practice for

Solid Bulk Cargoes, 1991 Edition, published by the International

Maritime Organization, 4 Albert Embankment, London SE1 7SR, UK, and the

sections affected are as follows:

Appendix B

148.55

Appendix D.1

148.450

Appendix D.4

148.220

Appendix D.5

148.205

Sec. 148.9 Right of appeal.

Any person directly affected by a decision or action taken under

this part, by or on behalf of the Coast Guard, may appeal therefrom in

accordance with part 1, subpart 1.03 of this chapter.

Sec. 148.10 Permitted materials.

(a) A material listed in table 148.10 of this section may be

transported as a bulk solid cargo on a vessel if it is carried

according to the regulations in this part. A material that is not

listed in table 148.10 of this section but which meets the definition

of any hazard class in 49 CFR part 171 or 173, or which meets the

definition of potentially dangerous material, may be transported on the

navigable waters of the U.S. only if a Special Permit is issued by the

Commandant (G-MTH) in accordance with Sec. 148.15.

(b) Except as provided in paragraph (c) of this section, a mixture

or blend of a material listed in table 148.10 of this section and a

bulk solid material not listed therein must be transported under the

requirements applying to the listed material.

(c) A mixture or blend containing any bulk solid material that is

subject to the Special Permit provisions of Sec. 148.15 must be

transported under the terms of a Special Permit.

(d) A mixture or blend of materials, two or more of which are

listed in table 148.10 of this section, will be treated as an unlisted

material and a Special Permit, in accordance with Sec. 148.15, is

required for shipment in bulk.

(e) The requirements contained in part 4 of this chapter for

providing notice and reporting of marine casualties and for retaining

voyage records apply to shipments of the materials listed in table

148.10 of this section.

Table 148.10

----------------------------------------------------------------------------------------------------------------

Sections

containing

Material I.D. No. Hazard class Hazard Characteristics special

description requirements in

part 148

----------------------------------------------------------------------------------------------------------------

Aluminum ................ PDM............. ................. Also: aluminum 155, 405(b),

Dross\2\,\3\. residues, 420(b), 445.

aluminum

skimmings.

Aluminum UN1395.......... 4.3............. Dangerous when Powder........... 135, 255, 405(b),

Ferrosilicon\2\,\3 wet, poison. 407, 415(a)&(e),

\. 420(b), 425,

430, 445.

Aluminum Nitrate\4\ UN1438.......... 5.1............. Oxidizer......... ................. 140.

Aluminum UN1398.......... 4.3............. Dangerous when Powder, uncoated. 135, 205, 405(b),

Silicon\2\,\3\. wet. 407, 415(a)&(e),

420(b), 425,

430, 445.

Ammonium Nitrate UN2067.......... 5.1............. Oxidizer......... ................. 140, 205, 405(a),

Fertilizer\5\. 407, 410.

Ammonium Nitrate UN2069.......... 5.1............. Oxidizer......... With ammonium 140, 205, 405(a),

Fertilizer\5\. sulfate. 407, 410.

Ammonium Nitrate UN2068.......... 5.1............. Oxidizer......... With calcium 140, 205, 405(a),

Fertilizer\5\. carbonate. 407, 410.

Ammonium Nitrate UN2070.......... 5.1............. Oxidizer......... Nitrogen/Phosphat 140, 205, 405(a),

Fertilizer\5\. e/Potash. 407, 410.

Ammonium Nitrate UN2071.......... 9............... ................. Nitrogen/Phosphat 150, 220, 405(a),

Fertilizer\6\. e/Potash. 407.

Barium UN1466.......... 5.1............. Oxidizer, poison. ................. 140.

Nitrate\4\,\7\.

Calcined ................ PDM............. ................. Pyritic ash, Fly 155, 225, 450.

Pyrites\8\,\9\,\24 ash.

\.

Calcium Nitrate\4\. UN1454.......... 5.1............. Oxidizer......... ................. 140, 227.

Castor Beans\10\... UN2969.......... 9............... ................. Whole beans...... 150, 235.

Charcoal\1\,\11\,\1 ................ PDM............. ................. Screenings, 155, 425, 430.

2\. briquets.

Coal\11\,\12\,\13\, ................ PDM............. ................. ................. 155, 240, 405(b),

\14\,\24\. 407 415(b),

420(a)&(c), 425,

430, 440(c),

445, 450.

Copra\11\,\12\..... UN1363.......... 4.2............. Spontaneously Dry.............. 130, 425, 430.

Combustible.

Direct Reduced Iron ................ PDM............. ................. Lumps, pellets 155, 245, 405(b),

(DRI)\1\,\2\,\12\. and cold molded 407, 420(b),

briquets. 425, 430, 445.

Direct Reduced Iron ................ PDM............. ................. Hot molded 155, 250, 420(b),

(DRI)\1\,\2\,\12\. briquets. 425, 430.

Environmentally UN3077.......... 9............... Hazardous ................. 150, 270.

Hazardous substances

Substance, Solid, listed in 40 CFR

N.O.S.\15\. part 302.

Ferrophosphorus\2\, ................ PDM............. ................. Including 155, 415(e), 445.

\3\. briquets.

Ferrosilicon\2\,\3\ UN1408.......... 4.3............. Dangerous when With 30-90% 135, 255, 405(b),

wet. silicon. 407, 415(a)&(e),

420(b), 430,

445.

Ferrosilicon\2\,\3\ ................ PDM............. ................. 25%-30% silicon 155, 255, 405(b),

or 90% or more 407, 415(a)&(e),

silicon. 420(b), 430,

445.

Ferrous Metal, UN2793.......... 4.2............. Spontaneously Iron swarf, steel 130, 260, 425,

borings, shavings, Combustible. swarf. 430.

turnings or

cuttings\11\,\12\.

Fish Meal or Fish UN2216.......... 9............... ................. Ground and 150, 265, 425,

Scrap\11\,\12\. pelletized 430.

(mixture), anti-

oxidant treated..

Fluorspar\8\....... ................ PDM............. ................. Calcium fluoride. 155, 440(b).

Iron Oxide or Iron UN1376.......... 4.2............. Spontaneously Spent............ 130, 275, 415(c),

Sponge\3\,\11\,\12 Combustible. (d)&(f), 425,

\,\14\. 430 440(c), 445.

Lead UN1469.......... 5.1............. Oxidizer......... Marine Pollutant. 140, 270, 440(b).

Nitrate\4\,\7\,\22

\.

Lime, unslaked\1\.. UN1910.......... PDM............. ................. Calcium Oxide, 155, 230.

quicklime.

Magnesia, ................ PDM............. ................. Lightburned 155, 280.

unslaked\1\. magnesia,

calcined

magnesite.

Magnesium UN1474.......... 5.1............. Oxidizer......... ................. 140.

Nitrate\4\.

Metal Sulfide ................ PDM............. ................. Solid, finely 155, 285, 425,

Concentrates\11\,\ divided sulfide 430, 440(b),

12\,\22\,\24\. concentrates of 450.

copper, iron,

lead, nickel,

zinc, or other

metalliferous

ores.

Petroleum Coke\11\. ................ PDM............. ................. Calcined or 155, 295.

uncalcined at >

55 deg.C (131

deg.F).

Pitch Prill, ................ PDM............. ................. ................. 155, 440(b).

Prilled Coal Tar,

Pencil Pitch\16\.

Potassium UN1486.......... 5.1............. Oxidizer......... Saltpeter........ 140.

Nitrate\4\.

Radioactive UN2912.......... 7............... Radioactive...... Low Specific 145, 300.

material\17\. Activity.

Radioactive UN2913.......... 7............... Radioactive...... Surface 145, 305.

material\17\. Contaminated

Objects.

Sawdust\12\,\18\... ................ PDM............. ................. ................. 155, 405(a), 407,

425, 430,

440(a).

Seed Cake\12\,\19\. UN1386.......... 4.2............. Spontaneously Mechanically 130, 310, 425,

Combustible. expelled or 430.

solvent

extractions.

Seed Cake\12\,\19\. UN2217.......... 4.2............. Spontaneously Solvent 130, 310, 425,

Combustible. extractions. 430.

Silicomanganese\2\, ................ PDM............. ................. ................. 155, 405(b), 407,

\3\. 415(a)&(d),

420(b), 425,

430, 445.

Sodium Nitrate\4\.. UN1498.......... 5.1............. Oxidizer......... Chili saltpeter, 140.

Chilean natural

nitrate.

Sodium Nitrate UN1499.......... 5.1............. Oxidizer......... Mixtures prepared 140.

mixed with as fertilizer.

Potassium

Nitrate\4\.

Sulfur\14\,\20\.... UN1350.......... 4.1............. Flammable Solid.. Lumps or coarse- 125, 315, 405(a),

grained powder. 407, 435,

440(c).

Tankage\11\........ ................ PDM............. ................. Garbage tankage, 155, 320.

Rough ammonia

tankage, Tankage

fertilizer.

Vanadium Ore\21\... ................ PDM............. ................. ................. 155, 430.

Woodchips, Wood ................ PDM............. ................. ................. 155, 325, 425,

Pulp Pellets\12\. 430.

Zinc Ashes, Dross, UN1435.......... 4.3............. Dangerous when ................. 135, 330, 405(b),

Residues or wet. 407, 420(b),

Skimmings\2\,\3\,\ 425, 430, 435,

23\. 445.

----------------------------------------------------------------------------------------------------------------

\1\Contact with water may cause heating.

\2\Contact with water may cause evolution of flammable gases, which may form explosive mixtures with air.

\3\Contact with water may cause evolution of toxic gases.

\4\If involved in a fire will greatly intensify the burning of combustible materials.

\5\A major fire aboard a vessel carrying this material may involve a risk of explosion in the event of

contamination (e.g. by a fuel oil) or strong confinement. If heated strongly will decompose, giving off toxic

gases which support combustion.

\6\These mixtures may be subject to self-sustaining decomposition if heated. Decomposition, once initiated, may

spread throughout the remainder, producing gases which are toxic.

\7\Toxic if swallowed and by dust inhalation.

\8\Harmful and irritating by dust inhalation.

\9\Highly corrosive to steel.

\10\Powerful allergen. Toxic by ingestion. Skin contact or inhalation of dust may cause severe irritation of

skin, eyes, and mucous membranes in some people.

\11\May be susceptible to spontaneous heating and ignition.

\12\Liable to cause oxygen depletion in the cargo space.

\13\Liable to emit methane gas which can form explosive mixtures with air.

\14\Dust forms explosive mixtures with air.

\15\May present substantial danger to the public health or welfare or the environment when released into the

environment. Skin contact and dust inhalation should be avoided.

\16\Combustible. Burns with dense black smoke. Dust may cause skin and eye irritation.

\17\Radiation hazard from dust inhalation and contact with mucous membranes.

\18\Susceptible to fire from sparks and open flames.

\19\May self-heat slowly and, if wet or containing an excessive proportion of unoxidized oil, ignite

spontaneously.

\20\Fire may produce irritating or poisonous gases.

\21\Dust may contain toxic constituents.

\22\Lead nitrate and lead sulfide are hazardous substances, see footnote 15 and sec. 148.270.

\23\Hazardous substance when consisting of pieces having a diameter less than 10 micrometers (0.004 in.), see

footnote 15 and sec. 148.270.

\24\Cargo subject to liquefaction.

Sec. 148.12 Assignment and certification.

(a) The National Cargo Bureau, Inc. is authorized to assist the

U.S. Coast Guard in administering the provisions contained in this part

by--

(1) Inspecting vessels for suitability for loading solid materials

in bulk;

(2) Examining stowage of solid materials loaded in bulk on board

vessels;

(3) Making recommendations as to the stowage requirements

applicable to the transportation of solid materials in bulk; and

(4) Issuing certificates of loading which verify that the stowage

of the solid material in bulk is in accordance with the applicable

regulations of this part.

(b) Certificates of loading from the National Cargo Bureau, Inc.

are accepted as evidence of compliance with the applicable provisions

regarding the transportation of solid materials in bulk on board

vessels.

Subpart B--Special Permits

Sec. 148.15 Petition for Special Permit.

(a) Each person who wishes to ship a bulk solid material not listed

in table 148.10 of this part shall determine whether the material

proposed to be shipped meets the definition of any hazard class or the

definition of potentially dangerous material.

(b) Each person to whom paragraph (a) of this section applies, must

submit a petition in writing to the Commandant (G-MTH) for

authorization to ship any hazardous material or potentially dangerous

material not listed in table 148.10 of this part.

(c) If a petition for authorization is approved by the Commandant

(G-MTH), the petitioner is issued a Coast Guard Special Permit allowing

the material to be transported in bulk by vessel and setting

requirements for the transport of the material.

Sec. 148.20 Information required when petitioning for a Special

Permit.

(a) Each petition for a Special Permit must contain, as a minimum,

the following information:

(1) A description of the material, including, if a hazardous

material--

(i) The proper shipping name from the tables in 49 CFR 172.101 and

the appendix to that section;

(ii) The hazard class and division of the material; and

(iii) The identification number of the material.

(2) A Material Safety Data Sheet (MSDS) for the material, or--

(i) The chemical name and any trade names or common names of the

material;

(ii) The composition of the material, including the weight percent

of each constituent;

(iii) Physical data, including color, odor, appearance, melting

point and solubility;

(iv) Fire and explosion data, including autoignition temperature,

any unusual fire or explosion hazards and any special fire fighting

procedures;

(v) Health hazards, including any dust inhalation hazards and any

chronic health effects;

(vi) The threshold limit value (TLV) of the material or its major

constituents, if available, and any relevant toxicity data;

(vii) Reactivity data, including any hazardous decomposition

products and any incompatible materials; and

(viii) Special protection information, including ventilation

requirements and personal protection equipment required.

(3) Other potentially dangerous characteristics of the material not

covered by paragraphs (a)(1) and (a)(2) of this section, including--

(i) Self-heating;

(ii) Depletion of oxygen in the cargo space;

(iii) Dust explosion; and

(iv) Liquefaction (See Sec. 148.450).

(4) A detailed description of the proposed transportation

operation, including--

(i) The type of vessel proposed for water movements;

(ii) The expected loading and discharge ports, if known;

(iii) Procedures to be used for loading and unloading the material;

(iv) Precautions to be taken when handling the material; and

(v) The expected temperature of the material at the time it will be

loaded on the vessel.

(5) Test results (if appropriate).

(6) Previous approvals or permits.

(7) Any relevant shipping or accident experience (or any other

relevant transportation history by any mode of transport).

(b) Requests for permit extensions or renewals must be submitted in

writing to the Commandant (G-MTH) before the date of expiration of the

permit. The request for extension or renewal must include the

information prescribed in paragraphs (a)(1), (a)(6) and (a)(7) of this

section.

(c) To permit timely consideration, a petition for a Special Permit

or request for extension or renewal of a Special Permit, should be

submitted at least 45 days before the requested effective date.

Sec. 148.25 Special Permits; standard conditions.

(a) Each person to whom a Special Permit has been issued under the

terms of Sec. 148.15 shall comply with all the requirements of this

part unless specifically exempted by the terms of the Special Permit.

(b) Each Special Permit covers any shipment of the permitted

material originated by the shipper noted on the Special Permit, and,

also covers for each shipment--

(1) Each transfer operation;

(2) Each vessel involved in the shipment; and

(3) Each individual involved in any cargo handling operation.

(c) Each person to whom a Special Permit has been issued shall

provide a copy of the Special Permit to the master of each vessel or

person in charge of each barge carrying the material for which the

Special Permit was issued, along with the information required in

Sec. 148.90.

(d) The master of a vessel transporting a material for which a

Special Permit has been issued shall ensure that a copy of the Special

Permit is on board the vessel. The Special Permit must be kept with the

dangerous cargo manifest if such a manifest is required by Sec. 148.70.

(e) The person in charge of a barge transporting any material for

which a Special Permit has been issued shall ensure that a copy of the

Special Permit is on board the tug or towing vessel. When the barge is

moored, the Special Permit must be kept on the barge with the shipping

paper as prescribed in Sec. 148.60(b).

(f) Each Special Permit is valid for a period, not to exceed two

years, determined by the Commandant (G-MTH) and is subject to

suspension or revocation before its expiration date.

Sec. 148.30 List of Special Permits issued.

A list of all materials for which Special Permits have been issued

and copies of Special Permits are available from the Commandant (G-

MTH).

Subpart C--Minimum Transportation Requirements

Sec. 148.50 General.

(a) The regulations in this subpart apply to each bulk shipment

of--

(1) A material listed in table 148.10 of this part; and

(2) Any solid material shipped under the terms of a Coast Guard

Special Permit.

(b) When subpart D of this part sets a temperature limit for

loading or transporting a material--

(1) The temperature of the material must be measured between 20 and

36 cm. (8 to 14 inches) below the surface at 3 meter (10 foot)

intervals over the length and width of the stockpile or cargo hold;

(2) The temperature must be measured at any spot in the stockpile

or cargo hold that shows any evidence of heating; and

(3) Prior to loading or transporting the material, all temperatures

measured must be below the temperature limit as given in subpart D of

this part.

Sec. 148.55 International shipments.

(a) Each person who imports a bulk solid cargo of a material

requiring special handling into the United States shall provide the

shipper in the country of origin and the agent at the place of entry

with timely and complete information as to the requirements that will

apply to the carriage, unloading, and handling of the material within

the United States.

(b) The foreign shipper shall furnish the information provided

pursuant to paragraph (a) of this section, as well as the shipper's

certification required by Sec. 148.60(a), either on the shipping paper

or dangerous cargo manifest.

(c) Notwithstanding the requirements of this part, a bulk solid

material may be transported in international commerce to or from the

United States if it is classed, described, stowed, and segregated in

accordance with Appendix B of the BC Code.

Sec. 148.60 Shipping papers.

(a) Except as provided in paragraph (d) of this section, the master

of a vessel may not accept for transportation, nor transport by vessel

in bulk, any material listed in table 148.10 of this part unless the

material offered for such shipment is accompanied by a shipping paper

prepared by the shipper on which the following information is provided:

(1) The shipping name and hazard class of the material as listed in

table 148.10 of this part, or on the Special Permit under which the

material is carried.

(2) The quantity of the material to be transported.

(3) The name and address of the U.S. shipper.

(4) A certification which bears the following statement, signed by

the shipper: ``This is to certify that the above named material is

properly named, prepared, and otherwise in proper condition for bulk

shipment by vessel in accordance with the applicable regulations of the

U.S. Coast Guard''.

(b) Whenever a provision of subpart E or F of this part requires

the shipper to provide the master of a vessel or person in charge of a

barge with a written certification or statement, the certification or

statement must be on or attached to the shipping paper.

(c) The shipping paper required in paragraph (a) of this section

must be kept on board the vessel along with the dangerous cargo

manifest required by Sec. 148.70. When the shipment is by unmanned

barge the shipping paper must be kept on the tug or towing vessel. When

an unmanned barge is moored, the shipping paper must remain on board

the barge in a readily retrievable location.

(d) Unless specifically required in subpart D of this part, no

shipping paper is required for shipments of materials designated as

potentially dangerous materials in table 148.10 of this part.

Sec. 148.70 Dangerous cargo manifest.

(a) Except as provided in paragraphs (b) and (c) of this section,

each vessel transporting materials listed in table 148.10 of this part

must have on board a dangerous cargo manifest on which the following

information is entered:

(1) The name and official number of the vessel. (If the vessel has

no official number, the international radio call sign must be

substituted.)

(2) The nationality of the vessel.

(3) The name of the material as listed in table 148.10 of this

part.

(4) The hold(s) or cargo compartment(s) in which the material is

being transported.

(5) The quantity of material loaded in each hold or cargo

compartment.

(6) The date and signature of the master, acknowledging the

correctness of the dangerous cargo manifest.

(b) No dangerous cargo manifest is required for--

(1) Shipments by unmanned barge, except on an international voyage;

and

(2) Shipments of materials designated as potentially dangerous

materials in table 148.10 of this part.

(c) When a dangerous cargo manifest is required for an unmanned

barge on an international voyage, paragraph (a)(4) of this section does

not apply, unless the barge has more than one cargo compartment.

(d) This document must be kept in a designated holder on or near

the vessel's bridge, or when required for an unmanned barge, on board

the tug or towing vessel.

Sec. 148.80 Supervision of cargo transfer.

The master shall ensure that cargo transfer operations are

supervised by a responsible person as defined in 49 CFR 176.2 and

176.57.

Sec. 148.90 Prior to loading.

Prior to loading any material listed in table 148.10 of this part

in bulk on board a vessel, the following conditions must be met:

(a) Each hold must be thoroughly cleaned of all residues of

previous cargoes, loose debris, and dunnage, except that permanent

wooden battens or sheathing may remain in the hold unless prescribed

otherwise in subpart E of this part.

(b) Each hold and associated bilge must be as dry as practicable.

(c) The shipper shall provide the master with appropriate

information on the cargo so that the precautions which may be necessary

for proper stowage and safe carriage of the cargo may be put into

effect. This information must include--

(1) Information on the stowage factor of the cargo and the

recommended trimming procedure; and

(2) For a bulk material classified as a potentially dangerous

material, the shipper shall also provide information on the chemical

properties and related hazards, which may be provided in the form of a

material safety data sheet.

(d) When any material covered by this part is shipped by unmanned

barge, the shipper shall inform the person in charge of the barge of

the safety precautions and emergency procedures associated with the

transportation of the material.

Sec. 148.100 Log book entries.

During the transport in bulk of a material listed in table 148.10

of this part, each temperature measurement and analysis for toxic or

flammable gases required by this part must be recorded in the vessel's

log.

Sec. 148.110 After unloading.

After a material to which this part applies has been unloaded from

a vessel, each hold or cargo compartment must be thoroughly cleaned of

all residue of such material before another cargo is loaded.

Sec. 148.115 Report of incidents.

(a) When a fire or other hazardous condition occurs on a vessel

transporting a material to which this part applies, the master or

person in charge shall notify the nearest Captain of the Port as soon

as possible and comply with any instructions given by the Captain of

the Port.

(b) Any incident or casualty occurring while transporting a

material to which this part applies must be reported in accordance with

49 CFR 171.15 with a copy to the Commandant (G-MTH-1), U.S. Coast

Guard, 2100 Second Street, SW., Washington, DC 20593-0001, at the

earliest practicable moment.

(c) Any release to the environment of a hazardous substance in a

quantity equal to or in excess of its reportable quantity must be

reported immediately to the National Response Center at 1-(800) 424-

8802 (toll free) or (202) 267-2675.

Subpart D--Stowage and Segregation

Sec. 148.120 Stowage and segregation requirements.

(a) Each material listed in table 148.10 of this part must be

segregated from incompatible materials in accordance with--

(1) The requirements of tables 148.120A and 148.120B of this

section that pertain to the hazard class to which the materials belong;

and

(2) Any specific requirements in subpart D of this part.

(b) Materials which are required to be separated during stowage

must not be handled simultaneously. Any residue from a material must be

cleaned up before a material required to be separated from it is

loaded.

Table 148.120A.--Segregation Between Incompatible Bulk Solid Cargoes

----------------------------------------------------------------------------------------------------------------

Solid bulk material Class 4.1 4.2 4.3 5.1 6.1 7 8 9/PDM

----------------------------------------------------------------------------------------------------------------

Flammable Solids...... 4.1 X 2 3 3 X 2 2 X

Spontaneously 4.2 2 X 3 3 X 2 2 X

Combustible

Substances.

Substances that are 4.3 3 3 X 3 X 2 2 X

Dangerous When Wet.

Oxidizers............. 5.1 3 3 3 X 2 2 2 X

Poisons............... 6.1 X X X X X 2 X X

Radioactive Materials. 7 2 2 2 2 2 X 2 2

Corrosives............ 8 2 2 2 2 X 2 X X

Miscellaneous 9/PDM X X X X X 2 X X

hazardous materials

and potential

dangerous materials.

----------------------------------------------------------------------------------------------------------------

Note.--Numbers and symbols relate to the following terms as defined in Sec. 148.3 of this part:

2--``Separated from''

3--``Separated by a complete hold or compartment from''

X-- No segregation required, except as specified in an applicable section of this subpart or subpart E of this

part.

Table 148.120B.--Segregation Between Bulk Solid Cargoes and Incompitable Packaged Cargoes

----------------------------------------------------------------------------------------------------------------

Bulk solid cargoes

Packaged hazardous -----------------------------------------------------------------------------------------

material Class 4.1 4.2 4.3 5.1 6.1 7 8 9/PDM

----------------------------------------------------------------------------------------------------------------

Explosives............ 1.1 4 4 4 4 2 2 4 X

1.2

1.5

Explosives............ 1.3 3 3 4 4 2 2 2 X

Explosives............ 1.4 2 2 2 2 X 2 2 X

Flammable compressed 2.1 2 2 1 2 X 2 1 X

gases.

Other compressed gases 2.2 2 2 X X X 2 X X

2.3

Flammable liquids..... 3 2 2 2 2 X 2 1 X

Flammable solids...... 4.1 X 1 X 1 X 2 1 X

Spontaneously 4.2 1 X 1 2 1 2 1 X

combustible

substances.

Substances that are 4.3 X 1 X 2 X 2 1 X

dangerous when wet.

Oxidizers............. 5.1 1 2 2 X 1 1 2 X

Organic peroxides..... 5.2 2 2 2 2 1 2 2 X

Poisons............... 6.1 X 1 X 1 X X X X

Infectious substances. 6.2 3 3 2 3 1 3 3 X

Radioactive materials. 7 2 2 2 1 X X 2 X

Corrosives............ 8 1 1 1 2 X 2 X X

Miscellaneous 9 X X X X X X X X

hazardous materials.

----------------------------------------------------------------------------------------------------------------

Note.--Numbers and symbols relate to the following terms as defined in Sec. 148.3 of this part:

1--``Away from''

2--``Separated from''

3--``Separated by a complete hold or compartment from''

4--``Separated longitudinally by an intervening complete hold or compartment from''

X--No segregation required, except as specified in an applicable section of this subpart or subpart E of this

part.

Sec. 148.125 Stowage and segregation for materials of class 4.1.

(a) Class 4.1 materials listed in table 148.10 of this part must--

(1) Be kept as cool and dry as reasonably practicable prior to

loading;

(2) Not be loaded or transferred between vessels during periods of

rain or snow;

(3) Be stowed separate from foodstuffs; and

(4) Be stowed clear of sources of heat and ignition and protected

from sparks and open flame.

(b) The bulkheads between a hold containing a class 4.1 material

listed in table 148.10 of this part and a hold containing a material

required to be separated from such materials must have cable and

conduit penetrations sealed against the passage of gas and vapor.

Sec. 148.130 Stowage and segregation for materials of class 4.2.

(a) Class 4.2 materials listed in table 148.10 of this part must--

(1) Be kept as cool and dry as reasonably practicable prior to

loading;

(2) Not be loaded or transferred between vessels during periods of

rain or snow;

(3) Be stowed clear of sources of heat and ignition and protected

from sparks and open flame; and

(4) Except for copra and seed cake, be stowed separate from

foodstuffs.

(b) The bulkhead between a hold containing a class 4.2 material

listed in table 148.10 of this part and a hold containing a material

required to be separated from such materials must have cable and

conduit penetrations sealed against the passage of gas and vapor.

(c) Copra must be provided with good surface ventilation and must

not be stowed against heated surfaces including fuel oil tanks which

may require heating.

(d) Ferrous metal must be stowed in accordance with paragraph (a)

of this section and the following requirements:

(1) It may not be carried if its temperature prior to loading

exceeds 55 deg.C (131 deg.F).

(2) Prior to and after loading, it must be protected from moisture.

(3) If weather is inclement during loading, hatches must be covered

or otherwise protected to keep the material dry.

Sec. 148.135 Stowage and segregation for materials of class 4.3.

(a) Class 4.3 materials listed in table 148.10 of this part which,

in contact with water, emit flammable gases, must--

(1) Be kept as cool and dry as reasonably practicable prior to

loading;

(2) Not be loaded or transferred between vessels during periods of

rain or snow;

(3) Be stowed separate from foodstuffs and all class 8 liquids; and

(4) Be stowed in a mechanically ventilated hold, so arranged that

the exhaust gases do not penetrate into accommodation, work or control

spaces. Unmanned barges that have adequate natural ventilation need not

be provided with mechanical ventilation.

(b) The bulkhead between a hold containing a class 4.3 material

listed in table 148.10 of this part and a hold containing a material

required to be separated from such materials must have cable and

conduit penetrations sealed against the passage of gas and vapor.

(c) Aluminum ferrosilicon, aluminum silicon, and ferrosilicon must

be stowed in a mechanically ventilated space.

(d) Zinc ashes must not be accepted for transport if wet or if

known to have been wetted.

Sec. 148.140 Stowage and segregation for materials of class 5.1.

(a) Class 5.1 materials listed in table 148.10 of this part must--

(1) Be kept as cool and dry as reasonably practicable prior to

loading;

(2) Be stowed away from all sources of heat or ignition; and

(3) Be stowed separate from foodstuffs and all readily combustible

materials.

(b) Special care must be taken to ensure that holds containing

class 5.1 material listed in table 148.10 of this part are clean, and

that whenever reasonably practicable, only noncombustible securing and

protecting materials are used.

(c) Class 5.1 material listed in table 148.10 of this part must be

prevented from entering bilges or other cargo holds.

Sec. 148.145 Stowage and segregation for materials of class 7.

(a) Class 7 material listed in table 148.10 of this part must be

stowed--

(1) Separate from foodstuffs; and

(2) In a hold or barge that is effectively closed or covered to

prevent dispersal of the material during transportation.

(b) Skin contact, inhalation or ingestion of dusts generated by

class 7 material listed in table 148.10 of this part must be minimized.

(c) Each hold used for the transportation of class 7 material

(radioactive) listed in table 148.10 of this part must be surveyed by a

qualified person using appropriate radiation detection instruments

after the completion of off-loading. Such holds must not be used for

the transportation of any other material until the non-fixed

contamination on any surface when averaged over an area of 300 cm\2\

does not exceed the following levels:

(1) 4.0 Bq/cm\2\ (10-5 uCi/cm\2\) for beta and gamma emitters and

low toxicity alpha emitters, natural uranium, natural thorium, uranium-

235, uranium-238, thorium-232, thorium-228 and thorium-230 when

contained in ores or physical or chemical concentrates, and

radionuclides with a half-life of less than 10 days.

(2) 0.4 Bq/cm\2\ (10-4 uCi/cm\2\) for all other alpha emitters.

Sec. 148.150 Stowage and segregation for materials of class 9.

(a) A bulk solid cargo of class 9 material (miscellaneous hazardous

material) listed in table 148.10 of this part must be stowed and

segregated as required by this section.

(b) Ammonium nitrate fertilizer, Type B, must be segregated as

required in Sec. 148.140 for class 5.1 materials and must be stowed--

(1) Separated by a complete hold or compartment from readily

combustible materials, chlorates, hypochlorites, nitrites,

permanganates, and fibrous materials (e.g. cotton, jute, sisal, etc.);

(2) Clear of all sources of heat, including insulated piping; and

(3) Out of direct contact with metal engine-room boundaries.

(c) Castor beans must be stowed separate from foodstuffs and class

5.1 materials.

(d) Fish meal must be segregated as required in Sec. 148.10 for

class 4.2 materials. In addition, its temperature at loading must not

exceed 35 deg.C (95 deg.F) or 5 deg.C (9 deg.F) above ambient,

whichever is higher.

Sec. 148.155 Stowage and segregation for potentially dangerous

materials.

(a) A material that is potentially dangerous (PDM) must be stowed

and segregated in accordance with table 148.155 of this part and with

this section.

(b) When transporting coal--

(1) Coals must be stowed separated from materials of class/division

1.4 and classes 2, 3, 4, and 5 in packaged form; and separated from

bulk solid materials of classes 4 and 5.1;

(2) No material of class 5.1, in either packaged or bulk solid

form, may be stowed above or below a cargo of coal; and

(3) Coals must be separated longitudinally by an intervening

complete cargo compartment or hold from materials of class 1 other than

class/division 1.4.

(c) When transporting Direct Reduced Iron (DRI)--

(1) DRI lumps, pellets or Cold-molded briquettes and DRI hot-molded

briquettes must be separated from materials of class/division 1.4,

classes 2, 3, 4, 5, and class 8 acids in packaged form; and separated

from bulk solid materials of classes 4 and 5.1; and

(2) No material of class 1, other than class/division 1.4, may be

transported on the same vessel with DRI.

(d) Petroleum coke, calcined or uncalcined, must be--

(1) Separated longitudinally by an intervening complete cargo

compartment or hold from materials of class/divisions 1.1 and 1.5; and

(2) Separated by a complete cargo compartment or hold from all

hazardous materials and other potentially dangerous materials in

packaged and bulk solid form.

Table 148.155.--Segregation and Stowage Requirements for Potentially Dangerous Materials

----------------------------------------------------------------------------------------------------------------

Segregate Load only

Potentially as for ``Separate under dry Mechanical ``Separate Special

dangerous class from'' weather Keep dry ventilation from'' material provisions

material listed\1\ foodstuffs conditions required listed

----------------------------------------------------------------------------------------------------------------

Aluminum Dross.. 4.3 X X X X Class 8 Liquids.

Calcined Pyrites ......... X X X X

Charcoal........ 4.1 .......... .......... X ........... Oily materials..

Coal............ ......... .......... .......... .......... ........... See paragraph See paragraph

(b) of this (b) of this

section. section.

Direct reduced ......... .......... .......... .......... ........... See paragraph See paragraph

iron--lumps, (c) of this (c) of this

pellets, or section. section.

cold-molded

briquettes.

Direct reduced ......... .......... .......... .......... ........... See paragraph See paragraph

iron--hot- (c) of this (c) of this

molded section. section.

briquettes.

Ferrophosphorus. 4.3 X X X X Class 8 liquids

Ferrosilicon.... 4.3 X X X X Class 8 liquids.

Fluorospar...... ......... X .......... .......... ........... Class 8 liquids

Lime, unslaked.. ......... .......... .......... X ........... All packaged and

bulk solid

hazardous

materials.

Magnesia, ......... .......... .......... X ........... All packaged and

unslaked. bulk solid

hazardous

materials.

Metal Sulfide 4.2 X .......... .......... ........... Class 8 liquids.

Concentrates.

Petroleum Coke.. ......... X .......... .......... ........... ................ See section

148.155(d).

Pitch Prill..... 4.1

Sawdust......... 4.1 .......... .......... X ........... All class 5.1

and 8 liquids.

Silicomanganese. 4.3 X X X X Class 8 liquids

Tankage......... 4.2 X X

Vanadium........ 6.1 X

Wood chips...... 4.1

Wood pulp 4.1

pellets.

----------------------------------------------------------------------------------------------------------------

\1\See Tables 148.120 A and B.

Subpart E--Special Requirements for Certain Materials

Sec. 148.200 Purpose.

This subpart prescribes special requirements applicable to specific

materials. These requirements are in addition to the Minimum

Transportation Requirements of subpart C of this part which are

applicable to all of the materials listed in table 148.10 of this part.

Sec. 148.205 Ammonium nitrate fertilizers.

(a) This section applies to the stowage and transportation in bulk

of the following fertilizers composed of uniform, nonsegregating

mixtures containing ammonium nitrate:

(1) Ammonium nitrate with added matter which is organic and

chemically inert towards ammonium nitrate; containing not less than 90%

of ammonium nitrate and not more than 0.2% of combustible material

(including organic material calculated as carbon); or containing less

than 90% but more than 70% of ammonium nitrate and not more than 0.4%

combustible material.

(2) Ammonium nitrate with calcium carbonate and/or dolomite,

containing more than 80% but less than 90% of ammonium nitrate and not

more than 0.4% of total combustible material.

(3) Ammonium nitrate with ammonium sulfate containing more than 45%

but not more than 70% of ammonium nitrate and containing not more than

0.4% of combustible material.

(4) Nitrogen phosphate or nitrogen/potash type fertilizers or

complete nitrogen/phosphate/potash type fertilizers containing more

than 70% but less than 90% of ammonium nitrate and not more than 0.4%

of combustible material.

(b) No ammonium nitrate fertilizer to which this section applies

may be transported in bulk unless it demonstrates resistance to

detonation when tested as prescribed in appendix D.5 of the BC Code or

an equivalent test satisfactory to the Administration of the country of

origin.

(c) Prior to loading fertilizer to which this section applies--

(1) The shipper must provide the master of the vessel with a

written certification that the ammonium nitrate fertilizer has met the

test requirements of paragraph (b) of this section;

(2) The cargo hold must be inspected for cleanliness and must be

free from readily combustible materials;

(3) Each cargo hatch must be weathertight as defined in Sec. 42.13-

10 of this chapter;

(4) The temperature of the fertilizer must be less than 55 deg.C

(131 deg.F); and

(5) Each fuel tank situated under a cargo hold where the fertilizer

is to be stowed must be pressure tested to ensure that there is no

leakage of manholes or piping systems leading through the cargo hold.

(d) Bunkering or transferring of fuel may not be performed during

cargo loading and unloading operations involving fertilizer to which

this section applies.

(e) When a fertilizer to which this section applies is transported

on a cargo vessel--

(1) No other material may be stowed in the same hold with the

fertilizer;

(2) In addition to the segregation requirements in Sec. 148.140,

the fertilizer must be separated by a complete cargo compartment or

hold from readily combustible materials, chlorates, chlorides,

chlorites, hypochlorites, nitrites, permanganates, and fibrous

materials; and

(3) The bulkhead between a cargo hold containing the fertilizer and

the engine room must be insulated to ``A-60'' class division or an

equivalent arrangement to the satisfaction of the cognizant Coast Guard

Captain of the Port or the Administration of the country of shipment.

Sec. 148.220 Ammonium nitrate-phosphate fertilizer.

(a) This section applies to the stowage and transportation of

uniform, nonsegregating mixtures of nitrogen/phosphate or nitrogen/

potash type fertilizers, or complete fertilizers of nitrogen/phosphate/

potash type containing not more than 70% of ammonium nitrate and

containing not more than 0.4% total added combustible material or

containing not more than 45% ammonium nitrate with unrestricted

combustible material.

(b) This part does not apply to a fertilizer mixture described in

paragraph (a) of this section if--

(1) When tested in the trough test prescribed in Appendix D.4 of

the BC code, it is found to be free from the risk of self-sustaining

decomposition; and

(2) It does not contain an excess of nitrate calculated as

potassium nitrate above the nitrate calculated as ammonium nitrate

greater than 10% by weight of the mixture.

(c) No fertilizer to which this section applies may be transported

in bulk if, when tested in the trough test prescribed in Appendix D.4

of the BC code, it has a self-sustaining decomposition rate that is

greater than 0.25 m/h, or is liable to self-heating sufficient to

initiate decomposition.

(d) Fertilizers to which this section applies must be stowed away

from all sources of heat; and out of direct contact with a metal engine

compartment boundary.

(e) Bunkering or transferring of fuel may not be performed during

cargo loading and unloading operations involving fertilizer to which

this section applies.

(f) Fertilizer to which this section applies must be segregated as

prescribed in Secs. 148.140 and 148.220(d).

Sec. 148.225 Calcined pyrites (pyritic ash, fly ash).

(a) This part does not apply to the shipment of calcined pyrites

(pyritic ash, fly ash) that are the residual ash of oil or coal fired

power stations.

(b) This section applies to the stowage and transportation of

calcined pyrites (pyritic ash, fly ash) that are the residual product

of sulfuric acid production or elemental metal recovery operations.

(c) Prior to loading calcined pyrites to which this section

applies--

(1) The cargo space must be as clean and dry as reasonably

practicable;

(2) The calcined pyrites must be dry; and

(3) Precautions must be taken to prevent the penetration of

calcined pyrites into other cargo spaces, bilges, wells, and ceiling

boards.

(d) After calcined pyrites to which this section applies have been

unloaded from a cargo space, the cargo space must be thoroughly

cleaned, preferably by hosing it down and drying it completely.

Sec. 148.227 Calcium nitrate fertilizers.

This part does not apply to commercial grades of calcium nitrate

fertilizers consisting mainly of a double salt (calcium nitrate and

ammonium nitrate) and containing not more 15.5% nitrogen and at least

12% of water.

Sec. 148.230 Lime, unslaked (calcium oxide).

(a) When transported by barge, unslaked lime (calcium oxide), must

be carried in an unmanned, all steel, double-hulled barge equipped with

weathertight hatches or covers. The barge must not carry any other

cargo while unslaked lime (calcium oxide) is on board.

(b) The shipping paper requirements in Sec. 148.60 and the

dangerous cargo manifest requirements in Sec. 148.70 do not apply to

the transportation of unslaked lime (calcium oxide) under paragraph (a)

of this section.

Sec. 148.235 Castor beans.

(a) This part applies only to the stowage and transportation of

whole castor beans. Castor meal, castor pomace, and castor flakes may

not be shipped in bulk.

(b) Persons handling castor beans shall wear dust masks and

goggles.

(c) Care must be taken to prevent dust generated during cargo

transfer operations of castor beans from entering accommodation,

control or service spaces.

Sec. 148.240 Coal.

(a) The electrical equipment on each vessel carrying coal must meet

the requirements of part 111, subpart 111.105 of this chapter or an

equivalent standard approved by the administration of the vessel's flag

state.

(b) Prior to loading, each cargo hold in which coal is to be stowed

must be free of any readily combustible material, including the residue

of previous cargoes.

(c) The master of each vessel carrying coal shall ensure that--

(1) The coal is not stowed adjacent to hot areas;

(2) The surface of the coal is trimmed to a reasonable level to the

boundary bulkheads;

(3) Each casing leading into the cargo hold and all other openings

to the cargo hold are sealed prior to loading the coal, and that,

unless the coal is as described in paragraph (f) of this section, the

hatches are sealed after the coal is trimmed;

(4) As far as reasonably practicable, no gases which may be emitted

by the coal accumulate in enclosed working spaces such as storerooms,

shops, or passageways, and that such spaces are adequately ventilated.

(5) The vessel has adequate ventilation as required by paragraph

(f) of this section; and

(6) If paragraph (e) of this section requires the temperature of

the coal to be monitored--

(i) The temperature of the coal to be loaded does not, at the time

of loading exceed 15 deg.C (27 deg.F) above the ambient temperature or

41 deg.C (105 deg.F) whichever is greater; and

(ii) The vessel has on board appropriate instruments for measuring

the temperature of the cargo in the range 0 deg.-100 deg.C (32 deg.-

212 deg.F) without requiring entry into the cargo hold.

(d) A cargo hold containing coal must not be ventilated unless the

conditions of paragraph (f) of this section are met, or unless methane

is detected under paragraph (h) of this section.

(e) If the shipper, terminal operator, or the master of the vessel

has any information pertaining to the coal that indicates that the coal

to be loaded has been handled in such a manner as to increase its

susceptibility to self-heating, has a history of self-heating, or has

been observed to be heating, the temperature of the coal must be

monitored prior to loading. The monitoring must be at intervals

sufficient to determine whether the temperature of the coal is

increasing.

(f) If the shipper, terminal operator, or the master of the vessel

has any information pertaining to the coal that indicates that the coal

to be loaded, is freshly mined, or has a history of emitting dangerous

amounts of methane, then surface ventilation, either natural or from

fixed or portable nonsparking fans, must be provided.

(g) Electrical equipment and cables in a hold containing a coal

described in paragraph (f) of this section must be suitable for use in

an explosive gas atmosphere, or must be deenergized at a point remote

from the hold. Electrical equipment and cables necessary for continuous

safe operations, such as lighting fixtures, may not be deenergized. The

master of the vessel shall ensure that the affected equipment and

cables remain deenergized as long as this coal remains in the hold.

(h) For all coal loaded on a vessel, other than an unmanned barge,

for a voyage with a duration of more than 72 hours, the atmosphere

above the coal must be routinely tested for the presence of methane,

carbon monoxide and oxygen. This testing must be performed in such a

way that the cargo hatches are not opened and entry into the hold is

not necessary.

(i) When carrying a coal described in paragraph (e) of this

section, the atmosphere above the coal must be monitored for the

presence of carbon monoxide as prescribed in paragraph (h) of this

section. The results of this monitoring must be recorded at least twice

in every 24 hour period, unless the conditions of paragraph (n) of this

section are met. If the level of carbon monoxide is increasing rapidly

or reaches 30% of the LFL, the frequency of monitoring must be

increased.

(j) When carrying a coal described in paragraph (e) of this

section, or when observation of the cargo hold indicates that the

temperature of the coal is rising, the temperature should be measured

at regular time intervals sufficient to determine whether the

temperature of the coal is increasing.

(k) If the level of carbon monoxide monitored in accordance with

paragraph (i) of this section continues to increase rapidly or the

temperature of coal carried on board a vessel exceeds 55 deg.C

(131 deg.F) and is increasing rapidly, the master must notify the

nearest Coast Guard Captain of the Port of--

(1) The name, nationality, and position of the vessel;

(2) The most recent temperature and levels of carbon monoxide and

methane;

(3) The port where the coal was loaded and the destination of the

coal;

(4) The last port of call of the vessel and its next port of call;

and

(5) What action has been taken.

(l) When carrying a coal described in paragraph (f) of this

section, the atmosphere above the coal must be monitored for the

presence of methane as prescribed in paragraph (h) of this section. The

results of this monitoring must be recorded at least twice in every 24

hour period, unless the conditions of paragraph (n) of this section are

met.

(m) If the level of methane as monitored in accordance with

paragraph (h) of this section reaches 30% of the LFL or is increasing

rapidly, ventilation of the cargo hold, as required by paragraph (f) of

this section, must be initiated. If this ventilation is provided by

opening the cargo hatches, care must be taken to avoid generating

sparks.

(n) The frequency of monitoring required by paragraph (l) of this

section may be reduced at the discretion of the master provided that--

(1) The level of gas measured is less than 30% of the LFL;

(2) The level of gas measured has remained steady or decreased over

three consecutive readings; or has increased by less than 5% over four

consecutive readings, spanning at least 48 hours; and

(3) Monitoring continues at intervals sufficient to determine that

the level of gas remains within the parameters of paragraphs (n)(1) and

(n)(2) of this section.

Sec. 148.245 Direct reduced iron (DRI); lumps, pellets and cold-molded

briquets.

(a) Before loading DRI lumps, pellets, or cold-molded briquets--

(1) The master must have a written certification from the National

Cargo Bureau or a competent person appointed by the shipper and

recognized by the Commandant (G-MTH) that the DRI, at the time of

loading, is suitable for shipment;

(2) The DRI must be aged for at least 72 hours, or be treated with

an air passivation technique or some other equivalent method that

reduces its reactivity to at least the same level as the aged DRI; and

(3) Each hold and bilge must be as clean and dry as reasonably

practicable. Where possible, adjacent ballast tanks, other than double

bottom tanks, must be kept empty. All wooden fixtures, such as battens,

must be removed from the hold.

(b) Each boundary of a hold where DRI lumps, pellets, or cold-

molded briquets are to be carried must be resistant to fire and passage

of water.

(c) Except as provided in paragraph (f)(2) of this section, DRI

lumps, pellets, or cold-molded briquets that are wet, or that are known

to have been wetted, may not be accepted for transport.

(d) DRI lumps, pellets and cold-molded briquets must be protected

at all times from contact with water, and must not be loaded or

transferred from one vessel to another during periods of rain or snow.

(e) DRI lumps, pellets, or cold-molded briquets may not be loaded

if their temperature is greater than 65 deg.C (150 deg.F).

(f) The shipper shall specify one of the two following methods for

the shipment of DRI lumps, pellets, and cold-molded briquets in bulk:

(1) Maintenance throughout the voyage of an inert atmosphere

containing less than 5% oxygen, and less than 1% hydrogen by volume, in

any hold containing DRI lumps, pellets, or cold-molded briquets.

(2) Manufacture or treatment of the DRI lumps, pellets, or cold-

molded briquets with an oxidation and corrosion inhibiting process

which has been proven, to the satisfaction of the Commandant (G-MTH),

to provide effective protection against dangerous reaction with

seawater or air under shipping conditions.

(g) When carbon dioxide is used to inert a cargo hold containing

DRI lumps, pellets, or cold-molded briquets, no person may enter that

hold until it has been tested and found to be free from carbon monoxide

and to contain sufficient oxygen to support life.

(h) Paragraph (f) of this section does not apply to--

(1) A voyage which meets the definition of ``short international

voyage'' in Sec. 70.10-43 of this chapter; or

(2) A voyage made entirely on the navigable waters of the U.S.

(i) When DRI lumps, pellets, or cold-molded briquets are loaded,

precautions must be taken to avoid the concentration of fines (pieces

less than 4mm. in size) in any one location in the cargo hold.

(j) Radar and RDF scanners must be protected against the dust

generated during cargo transfer operations of DRI lumps, pellets, or

cold-molded briquets.

Sec. 148.250 Direct reduced iron (DRI); hot molded briquets.

(a) Before loading DRI hot-molded briquets--

(1) The master must have a written certification from the National

Cargo Bureau or a competent person appointed by the shipper and

recognized by the Commandant (G-MTH) that the DRI hot molded briquets,

at the time of loading, are suitable for shipment; and

(2) Each hold and bilge must be as clean and dry as reasonably

practicable. Where possible, adjacent ballast tanks, other than double

bottom tanks, must be kept empty. All wooden fixtures, such as battens,

must be removed.

(b) Each boundary of a hold in which DRI hot-molded briquets are to

be carried must be resistant to fire and passage of water.

(c) DRI hot-molded briquets must be protected at all times from

contact with water, and must not be loaded or transferred from one

vessel to another during periods of rain or snow.

(d) DRI hot-molded briquets may not be loaded if their temperature

is greater than 65 deg.C (150 deg.F).

(e) When loading DRI hot-molded briquets, precautions must be taken

to avoid the concentration of fines (pieces less than 4mm. in size) in

any one location in the cargo hold.

(f) Adequate surface ventilation must be provided when carrying or

loading DRI hot-molded briquets.

(g) When DRI hot-molded briquets are carried by unmanned barge:

(1) The barge must be fitted with vents adequate to provide natural

ventilation; and

(2) The cargo hatches must be closed at all times after loading the

DRI hot-molded briquets.

(h) Radar and RDF scanners must be adequately protected against

dust generated during cargo transfer operations of DRI hot-molded

briquets.

(i) During final discharge only, a fine spray of water may be used

to control dust from DRI hot-molded briquets.

Sec. 148.255 Ferrosilicon, aluminum ferrosilicon, and aluminum

silicon, containing more than 30% but less than 90% silicon.

(a) This part applies to the stowage and transportation of

ferrosilicon, aluminum ferrosilicon, and aluminum silicon, containing

more than 30% but less than 90% silicon.

(b) The shipper of material described in paragraph (a) of this

section shall provide the master with a written certification stating

that after manufacture the material was stored under cover, but exposed

to the weather, in the particle size in which it is to be shipped, for

not less than three days prior to shipment.

(c) Material described in paragraph (a) of this section must be

protected at all times from contact with water, and must not be loaded

or unloaded during periods of rain or snow.

(d) Except as provided in paragraph (e) of this section, each hold

containing material described in paragraph (a) of this section must be

ventilated by at least two separate fans. The total ventilation must be

at least five air changes per hour, based on the empty hold.

Ventilation must be such that no escaping gas can reach accommodation

or work spaces, on or under deck.

(e) An unmanned barge which is provided with natural ventilation

need not comply with paragraph (d) of this section.

(f) Each space adjacent to a hold containing material described in

paragraph (a) of this section must be well ventilated with mechanical

fans. No person may enter that space unless it has been tested to

ensure that it is free from phosphine and arsine gases.

(g) Scuttles and windows in accommodation and work spaces adjacent

to holds containing material described in paragraph (a) of this section

must be kept closed while this material is being loaded and unloaded.

(h) Each cargo hold bulkhead containing material described in

paragraph (a) of this section adjacent to accommodation and work spaces

must be gas tight and adequately protected against damage from any

unloading equipment.

(i) When a hold containing material described in paragraph (a) of

this section is equipped with atmosphere sampling type smoke detectors

with lines that terminate in accommodation or work spaces, those lines

must be blanked off gas-tight.

(j) If a hold containing material described in paragraph (a) of

this section must be entered at any time, the hatches must be open for

two hours prior to entry to dissipate any accumulated gases. The

atmosphere in the hold must be tested to ensure that there is no

phosphine or arsine gas present.

(k) After unloading material described in paragraph (a) of this

section, each cargo hold must be thoroughly cleaned and must be tested

to ensure that no phosphine or arsine gas remains.

Sec. 148.260 Ferrous metal.

(a) This part does not apply to the stowage and transportation in

bulk of stainless steel borings, shavings, turnings, or cuttings; nor

does this part apply to an unmanned barge on a voyage entirely on the

navigable waters of the United States.

(b) Ferrous metal may not be stowed or transported in bulk unless

the following conditions are met:

(1) All wooden sweat battens, dunnage and debris must be removed

from the hold before the ferrous metal is loaded.

(2) During loading and transporting, the bilge of each hold in

which ferrous metal is stowed or will be stowed must be kept as dry as

practical.

(3) During loading, the ferrous metal must be compacted in the hold

as frequently as practicable with a bulldozer or other means that

provides equivalent surface compaction.

(4) No other material may be loaded in a hold containing ferrous

metal unless--

(i) The material to be loaded in the same hold with the ferrous

metal is not a material listed in table 148.10 of this part or a

readily combustible material;

(ii) The loading of the ferrous metal is completed first; and

(iii) The temperature of the ferrous metal in the hold is below

55 deg.C (131 deg.F) or has not increased in eight hours prior to the

loading of the other material.

(5) During loading, the temperature of the ferrous metal in the

pile being loaded must be below 55 deg.C (131 deg.F).

(6) Upon completion of loading the vessel may not leave the port

unless--

(i) The temperature of the ferrous metal in each hold is less than

65 deg.C (150 deg.F) and, if the temperature of the ferrous metal in a

hold has been more than 65 deg.C (150 deg.F) during loading, the

temperature of ferrous metal has shown a downward trend for at least

eight hours after completion of loading of the hold; or

(ii) The vessel intends to sail directly to another port that is no

farther than 12 hours sailing time for the vessel concerned, for the

purpose of loading more ferrous metal in bulk or to completely off-load

the ferrous metal, and the temperature of the ferrous metal is less

than 88 deg.C (190 deg.F) and has shown a downward trend for at least

eight hours after the completion of loading.

(c) The master of a vessel that is loading or transporting a

ferrous metal shall ensure that the temperature of the ferrous metal is

taken--

(1) Before loading;

(2) During loading, in each hold and pile being loaded at least

every twenty-four hours and, if the temperature is rising, as often as

is necessary to ensure that the requirements of this section are met;

and

(3) After loading, in each hold, at least every twenty-four hours.

(d) During loading, if the temperature of the ferrous metal in a

hold is 93 deg.C (200 deg.F) or higher, the master or person in charge

of the vessel shall notify the Coast Guard Captain of the Port and

suspend loading until the Captain of the Port is satisfied that the

temperature of the ferrous metal is 88 deg.C (190 deg.F) or less.

(e) After loading ferrous metal--

(1) If the temperature of the ferrous metal is 65 deg.C (150 deg.F)

or above, the master shall notify the Coast Guard Captain of the Port,

and ensure that the vessel remains in the port area until the Captain

of the Port is satisfied that the conditions of paragraph (b)(6)(i) of

this section are met; or

(2) In the case of a short duration voyage to which paragraph

(b)(6)(ii) of this section applies, where the temperature of the

ferrous metal in a hold is 88 deg.C (190 deg.F) or above, the master of

the vessel or person in charge of the barge shall notify the Captain of

the Port, and ensure that the vessel remains in the port area until the

Captain of the Port is satisfied that the conditions of paragraph

(b)(6)(ii) of this section are met.

(f) Except for shipments of ferrous metal in bulk which leave the

port of loading under the conditions specified in paragraph (b)(6)(ii)

of this section, if after the vessel leaves the port, the temperature

of the ferrous metal in the hold rises above 65 deg.C (150 deg.F), the

master shall notify the nearest Coast Guard Captain of the Port as soon

as possible of--

(1) The name, nationality, and position of the vessel;

(2) The most recent temperature taken;

(3) The length of time that the temperature has been above 65 deg.C

(150 deg.F) and the rate of rise, if any;

(4) The port where the ferrous metal was loaded and the destination

of the ferrous metal;

(5) The last port of call of the vessel and its next port of call;

(6) What action has been taken; and

(7) Whether any other cargo is endangered.

Sec. 148.265 Fish meal or fish scrap.

(a) This part does not apply to fish meal or fish scrap that

contains less than 5% moisture by weight.

(b) Fish meal or fish scrap may contain not more than 12% moisture

by weight and not more than 15% fat by weight.

(c) At the time of production, fish meal or fish scrap must be

treated with an effective antioxidant (at least 400 mg/kg (ppm)

ethoxyquin or at least 1000 mg/kg (ppm) butylated hydroxytoluene).

(d) Shipment of the fish meal or fish scrap must take place not

more than 12 months after the treatment prescribed in paragraph (c) of

this section.

(e) Fish meal or fish scrap must contain at least 100 mg/kg (ppm)

antioxidant at the time of shipment.

(f) At the time of loading, the temperature of the fish meal or

fish scrap to be loaded may not exceed 35 deg.C (95 deg.F), or 5 deg.C

(8 deg.F) above the ambient temperature, whichever is higher.

(g) For each shipment of fish meal or fish scrap, the shipper shall

provide the master with a written certification that states--

(1) Total weight of the shipment;

(2) The moisture content of the material;

(3) The fat content of the material;

(4) The concentration of the antioxidant (ethoxyquin or butylated

hydroxytoluene) at the time of shipment;

(5) The date of production of the material; and

(6) The temperature of the material at the time of shipment.

(h) During a voyage, temperature readings must be taken of fish

meal or fish scrap three times a day and recorded. If the temperature

of the material exceeds 55 deg.C (131 deg.F) and continues to increase,

ventilation to the hold must be restricted.

Sec. 148.270 Hazardous substances.

(a) Each bulk shipment of a hazardous substance must--

(1) Be assigned a shipping name in accordance with 49 CFR

172.203(c); and

(2) If the hazardous substance is also listed as a hazardous solid

waste in 40 CFR part 261, be in compliance with the applicable

requirements of 40 CFR chapter I, subchapter I.

(b) Each release of a quantity of a hazardous substance in excess

of its RQ must be reported as required in subpart B of 33 CFR part 153.

(c) A hazardous substance must be stowed in a hold or barge which

is effectively closed or covered to prevent dispersal of the material

during transportation.

(d) During cargo transfer operations, dispersal of a hazardous

substance into the surrounding environment, including the water, must

be minimized to the maximum extent possible. Each spill must be

reported as required in paragraph (b) of this section.

(e) After a hazardous substance is unloaded, the hold in which it

was carried must be cleaned thoroughly and the residue of the substance

must be disposed of in accordance with the applicable regulations of 40

CFR chapter I, subchapter I.

Sec. 148.275 Iron oxide, spent; iron sponge, spent.

(a) Before spent iron oxide or spent iron sponge is loaded in a

closed hold, the shipper must provide the master with a written

certification that the material has been cooled and weathered for not

less than eight weeks.

(b) Both spent iron oxide and spent iron sponge may be transported

on all-steel barges having open holds after exposure to air for a

period of not less than ten days.

Sec. 148.280 Magnesia, unslaked (lightburned magnesia, calcined

magnesite, caustic calcined magnesite).

(a) When transported by barge, magnesia, unslaked, must be carried

in unmanned, all-steel, double-hulled barges equipped with weathertight

hatches or covers. The barge may not carry any other cargo while

unslaked magnesia is on board.

(b) The shipping paper requirements in Sec. 148.60 and the

dangerous cargo manifest requirements in Sec. 148.70 do not apply to

the transportation of magnesia, unslaked, transported in accordance

with the requirements of paragraph (a) of this section.

(c) This part does not apply to the transport of natural magnesite,

magnesium carbonate, or magnesia clinkers.

Sec. 148.285 Metal sulfide concentrates.

(a) Prior to loading a metal sulfide concentrate, the shipper shall

provide the master of the vessel or person in charge of the barge with

detailed information concerning any specific hazards based on the

history of the specific metal sulfide concentrate to be loaded, and

precautions to be followed when transporting that concentrate.

(b) Except when the metal sulfide concentrate is carried by

unmanned barge, where the information provided by the shipper in

accordance with paragraph (a) of this section indicates that the metal

sulfide concentrate may generate toxic or flammable gases, the

appropriate gas detection equipment as specified in Secs. 148.415 and

148.420 must be on board the vessel.

(c) After loading, a metal sulfide concentrate must be trimmed

reasonably level to the boundaries of the cargo hold.

(d) No cargo hold containing a metal sulfide concentrate may be

ventilated.

(e) No person may enter a hold containing a metal sulfide

concentrate unless--

(1) The atmosphere in the cargo hold has been tested and contains

sufficient oxygen to support life; and

(2) Where the shipper indicates that toxic gas(es) may be

generated, the atmosphere in the cargo hold has been tested for the

toxic gas(es) and the concentration of the gas(es) is found to be less

than the TLV; or

(3) An emergency situation exists and the person entering the cargo

hold is wearing the appropriate self-contained breathing apparatus.

Sec. 148.295 Petroleum coke, calcined or uncalcined, at 55 deg.C

(131 deg.F) or above.

(a) This part does not apply to shipments of petroleum coke,

calcined or uncalcined, on any vessel when the temperature of the

material is less than 55 deg.C (131 deg.F).

(b) Petroleum coke, calcined or uncalcined, or a mixture of

calcined and uncalcined petroleum coke may not be loaded when its

temperature exceeds 107 deg.C (225 deg.F).

(c) No other hazardous materials may be stowed in any hold adjacent

to a hold containing petroleum coke except as provided in paragraph (d)

of this section.

(d) In a hold over a tank containing fuel or material having a

flashpoint of less than 93 deg.C (200 deg.F), before petroleum coke at

55 deg.C (131 deg.F) or above may be loaded into that hold, a 0.6 to

1.0 meter (2 to 3 foot) layer of the petroleum coke at a temperature

not greater than 43 deg.C (110 deg.F) must first be loaded.

(e) Petroleum coke must be loaded as follows:

(1) For a shipment in a hold over a fuel tank, the loading of a

cooler layer of petroleum coke in the hold as required by paragraph (d)

of this section must be completed prior to loading the petroleum coke

at 55 deg.C (131 deg.F) or above in any hold of the vessel.

(2) Upon completion of the loading described in paragraph (e)(1) of

this section, a 0.6 to 1.0 meter (2 to 3 foot) layer of the petroleum

coke at 55 deg.C (131 deg.F) or above must first be loaded into each

hold, including those holds, if any, already containing a cooler layer

of the petroleum coke.

(3) Upon completion of the loading described in paragraph (e)(2) of

this section, normal loading of the petroleum coke may proceed to

completion.

(f) The master of the vessel shall warn members of a crew that

petroleum coke loaded and transported under the terms of this section

is hot, and that injury due to burns is possible.

Sec. 148.300 Radioactive material; low specific activity.

Except as authorized under Sec. 148.305, radioactive materials that

may be stowed or transported in bulk are limited to those radioactive

materials defined as low specific activity materials in 49 CFR

173.403(n).

Sec. 148.305 Radioactive material; surface contaminated objects.

Solid objects of nonradioactive material having radioactive

material distributed on their surfaces are authorized for shipment only

if--

(a) The nonfixed contamination on the accessible surface averaged

over 300 cm\2\ (or the area of the surface if less than 300 cm\2\) does

not exceed 0.0001 microcurie/cm\2\ (4.0 Bq/cm\2\) for beta and gamma

emitters and low toxicity alpha emitters, or 10-\5\ microcurie/

cm\2\ (0.4 Bq/cm\2\) for alpha emitters;

(b) The fixed contamination on the accessible surface averaged over

300 cm\2\ (or the area of the surface if less than 300 cm\2\) does not

exceed 1.0 microcurie/cm\2\ (40,000 Bq/cm\2\) for beta and gamma

emitters and low toxicity alpha emitters, or 0.1 microcurie/cm\2\

(4,000 Bq/cm\2\) for alpha emitters; and

(c) The nonfixed contamination plus the fixed contamination on the

inaccessible surface, averaged over 300 cm\2\ (or the area of the

surface if less than 300 cm\2\) does not exceed 1.0 microcurie/cm\2\

(40,000 Bq/cm\2\) for beta and gamma emitters or 0.1 microcurie/cm\2\

(4,000 Bq/cm\2\) for alpha emitters.

Sec. 148.310 Seed cake.

(a) Seed cake, except as provided in paragraphs (h) and (i) of this

section, must be carried in accordance with paragraphs (b) through (g)

of this section.

(b) Prior to loading, the seed cake must be aged in accordance with

the instructions of the shipper.

(c) If the seed cake is solvent extracted, it must be--

(1) Free from flammable solvent as far as reasonably practicable;

and

(2) Stowed in a mechanically ventilated hold.

(d) Prior to loading, the shipper must provide the master of the

vessel or person in charge of the barge with a certificate from a

competent testing laboratory stating the oil and moisture content of

the seed cake.

(e) The seed cake must be kept as dry as reasonably practicable at

all times.

(f) For a voyage with a planned duration greater than 5 days, the

vessel must be equipped with facilities for introducing carbon dioxide

or another inert gas into the hold.

(g) Temperature readings must be taken at least once in every 24

hour period. If the temperature of the seed cake exceeds 55 deg.C

(131 deg.F) and continues to increase, ventilation to the cargo hold

must be discontinued. If heating continues after ventilation has been

discontinued, carbon dioxide or the inert gas required under paragraph

(f) of this section must be introduced into the hold; except, if the

seed cake is solvent extracted, the use of inert gas must not be

introduced until fire is apparent to avoid the possibility of igniting

the solvent vapors by the generation of static electricity.

(h) Seed cake must be carried in accordance with the terms of a

Special Permit issued by the Commandant (G-MTH) in accordance with

subpart B of this part if--

(1) The oil was mechanically expelled; and

(2) It contains more than 10% vegetable oil or more than 20%

vegetable oil and moisture combined.

(i) This part does not apply to solvent extracted rape seed meal

pellets or soya bean meal that--

(1) Contains not more than 4% vegetable oil and not more than 15%

vegetable oil and moisture combined; and

(2) As far as reasonably practicable, is free from flammable

solvent.

Sec. 148.315 Sulfur.

(a) This part applies to sulfur in the form of lumps or coarse-

grain powder only. Fine-grained powder (``flowers of sulfur'') may not

be transported in bulk.

(b) After the loading or unloading of sulfur to which this part

applies has been completed, the vessel's decks, bulkheads, and

overheads, if containing sulfur dust, must be swept clean or washed

down with fresh water.

(c) A cargo space that contains sulfur or the residue of a sulfur

cargo must be adequately ventilated, preferably by mechanical means.

Each ventilator intake must be fitted with a spark-arresting screen.

Sec. 148.320 Tankage; garbage tankage; rough ammonia tankage; or

tankage fertilizer.

(a) This part applies to rough ammonia tankage in bulk that

contains 7% or more moisture by weight and garbage tankage and tankage

fertilizer that contain 8% or more moisture by weight.

(b) Tankage to which this part applies may not be loaded in bulk if

its temperature exceeds 38 deg.C (100 deg.F).

(c) During the voyage, the temperature of the tankage must be

monitored at intervals sufficient to detect spontaneous heating.

Sec. 148.325 Wood chips; wood pulp pellets.

(a) This part applies to wood chips and wood pulp pellets in bulk

that are subject to oxidation leading to depletion of oxygen and an

increase in carbon dioxide in the cargo hold.

(b) No person may enter a cargo hold containing wood chips or wood

pulp pellets, unless--

(1) The atmosphere in the cargo hold has been tested and contains

sufficient oxygen to support life; or

(2) The person entering the cargo hold is wearing the appropriate

self-contained breathing apparatus.

Sec. 148.330 Zinc ashes; zinc dross; zinc residues; zinc skimmings.

(a) The shipper shall inform the cognizant Coast Guard Captain of

the Port in advance of any cargo transfer operations involving zinc

ashes, zinc dross, zinc residues, or zinc skimmings (zinc material) in

bulk.

(b) Zinc material must be aged by exposure to the elements for at

least one year prior to shipment in bulk.

(c) Prior to loading in bulk, zinc must be stored under cover for a

sufficient period of time to ensure that it is as dry as reasonably

practicable. No zinc material that is wet may be accepted for shipment.

(d) Zinc material may not be loaded in bulk if its temperature is

greater than 11.1 deg.C (20 deg.F) in excess of the ambient

temperature.

(e) Paragraphs (e)(1) through (e)(5) of this section apply only

when zinc materials are carried by a manned cargo vessel:

(1) Zinc material in bulk must be stowed in a mechanically

ventilated hold which--

(i) Is designed for at least one complete air change every 30

minutes based on the empty hold;

(ii) Has explosion-proof motors approved for use in Class I,

Division 1, Group B atmospheres or equivalent motors approved by the

vessel's flag state administration for use in hydrogen atmospheres; and

(iii) Has nonsparking fans.

(2) Each hold into which zinc material is to be loaded must be

fitted with permanently installed combustible gas detectors capable of

measuring hydrogen concentrations of 0 to 4.1% by volume. If the

concentration of hydrogen in the space above the cargo exceeds 1% by

volume, the ventilation system must be run until the concentration

drops below 1% by volume.

(3) Thermocouples must be installed approximately 6 inches below

the surface of the zinc material or in the space immediately above the

zinc material. If an increase in temperature is detected, the

mechanical ventilation system required by paragraph (d) of this section

must be used until the temperature of the zinc material is below 55

deg.C (131 deg.F).

(4) Except as provided in paragraph (e)(5) of this section, the

cargo hatches of holds containing zinc material must remain sealed to

prevent the entry of seawater.

(5) If the concentration of hydrogen is near 4.1% by volume and

increasing, despite ventilation, or the temperature of the zinc

material reaches 65 deg.C (150 deg.F) and the weather and sea

conditions allow, the cargo hatches must be opened, taking care to

prevent sparks and minimize the entry of water.

Subpart F--Additional Special Requirements

Sec. 148.400 Applicability.

The requirements of this subpart apply only to the shipment or

loading of a material listed in table 148.10 of this part with a

reference to a section or paragraph of this subpart.

Sec. 148.405 Sources of ignition.

(a) Except in an emergency, no welding, burning, cutting, chipping

or other operations involving the use of fire, open flame, spark or arc

producing equipment, may be performed in a cargo hold containing a

material to which this paragraph applies under table 148.10 or in an

adjacent space.

(b) Welding, burning, cutting, chipping or other operations

involving the use of fire, open flame, spark or arc producing

equipment, may be performed in a cargo hold containing a material to

which this paragraph applies under table 148.10 of this part or in an

adjacent space when approved by the master of the vessel after the hold

or adjacent space has been tested to ensure that the concentration of

any flammable gas that may be present does not exceed 10 percent of the

LFL.

Sec. 148.407 Smoking.

When a material that is listed in table 148.10 of this part with a

reference to this section is being loaded or unloaded, smoking is

prohibited anywhere on board the vessel. While such a material is on

board the vessel, smoking is prohibited in spaces adjacent to the cargo

hold and on the vessel's deck in the vicinity of cargo hatches,

ventilator outlets and other accesses to the hold containing the

material. ``NO SMOKING'' signs must be displayed in conspicuous

locations in the areas where smoking is prohibited.

Sec. 148.410 Fire hoses.

A fire hose, supplied with fresh water from a shore supply source,

must be available at each hatch through which a material that is listed

in table 148.10 of this part with a reference to this section is being

loaded. When the material is being transferred between vessels, the

hoses may be supplied with salt water if no fresh water is available.

Sec. 148.415 Toxic gas analyzers.

When transporting a material that is listed in table 148.10 of this

part with a reference to a paragraph of this section, a gas analyzer

appropriate for the toxic gas listed in that paragraph must be on board

the vessel, except for unmanned barges. At least two members of the

crew must be knowledgeable in the use of the equipment, which must be

maintained in a condition ready for use. The atmosphere in the cargo

hold and adjacent spaces must be tested before a person is allowed to

enter these spaces. If toxic gases are detected, the space must be

ventilated and retested prior to entry. The toxic gases for which the

requirements of this section must be met when a paragraph of this

section is referenced in table 148.10 of this part are as follows:

(a) Arsine.

(b) Carbon monoxide.

(c) Hydrogen cyanide.

(d) Hydrogen sulfide.

(e) Phosphine.

(f) Sulfur dioxide.

Sec. 148.420 Flammable gas analyzers.

When transporting a material listed in table 148.10 of this part

with a reference to a paragraph of this section, a gas analyzer

appropriate for the flammable gas listed in that paragraph must be on

board the vessel, except for unmanned barges. At least two members of

the crew must be knowledgeable in the use of the equipment, which must

be maintained in a condition ready for use and capable of measuring 0-

100% LFL for the gas indicated. The atmosphere in the cargo hold must

be tested before any person is allowed to enter. If flammable gases are

detected, the space must be ventilated and retested prior to entry. The

flammable gases for which the requirements of this section must be met

when a paragraph of this section is referenced in table 148.10 of this

part are as follows:

(a) Carbon monoxide.

(b) Hydrogen.

(c) Methane.

Sec. 148.425 Oxygen analyzers.

When transporting material that is listed in table 148.10 of this

part with a reference to this section, equipment capable of measuring

atmospheric oxygen must be carried on board the vessel, except for

unmanned barges. At least two members of the crew must be knowledgeable

in the use of the equipment, which must be maintained in a condition

ready for use. Before any person is allowed to enter the cargo space,

the atmosphere in the space must be tested to ensure that there is

sufficient oxygen to support life. If the oxygen content is below 19.5%

the space must be ventilated and retested prior to entry.

Sec. 148.430 Self-contained breathing apparatus.

When transporting a material that is listed in table 148.10 of this

part with a reference to this section, each U.S. flag vessel, except an

unmanned barge, must have on board at least two self-contained,

pressure-demand-type, air breathing apparatus approved by the Mine

Safety and Health Administration (MSHA) or the National Institute for

Occupational Safety and Health (NIOSH), each having at least a thirty

minute air supply. Each foreign flag vessel must have on board at least

two such apparatus that are approved by the flag state administration.

This apparatus must be in addition to that required to be part of the

vessel's firemen's outfit under 46 CFR part 96, subpart 96.35 or by the

flag state administration. The master shall ensure that the breathing

apparatus is used only by persons trained in its use.

Sec. 148.435 Electrical circuits in cargo holds.

When transporting a material that is listed in table 148.10 of this

part with a reference to this section, each electrical circuit

terminating in a cargo hold containing the material must be

electrically disconnected from the power source at a point outside of

the cargo hold. The point of disconnection must be marked to prevent

the circuit from being reenergized while the material is on board.

Sec. 148.440 Stowage precautions.

When transporting a material listed in table 148.10 of this part

with a reference to a paragraph of this section, the following

precautions contained in the referenced paragraph must be taken:

(a) The material must be stowed in a mechanically ventilated hold.

(b) Precautions must be taken to minimize exposure of persons to

dust generated by the cargo.

(c) Suspension of the cargo dust in the air constitutes an

explosive atmosphere; precautions must be taken to prevent ignition of

the cargo dust.

Sec. 148.445 Adjacent spaces.

When transporting a material listed in table 148.10 of this part

with a reference to this section the following requirements must be

met:

(a) Each space adjacent to a cargo hold must be ventilated by

natural ventilation or by ventilation equipment safe for use in an

explosive gas atmosphere.

(b) Except for a cargo hold containing coal on a voyage with a

duration of 72 hours or less, each space adjacent to a cargo hold

containing the material must be regularly monitored for the presence of

the flammable gas indicated by reference to Sec. 148.420. If the level

of flammable gas in any space reaches 30% of the LFL all electrical

equipment that is not certified safe for use in an explosive gas

atmosphere must be deenergized at a location outside of that space.

This location must be labeled to prohibit reenergizing until the

atmosphere in the space is tested and found to be less than 30% of the

LFL.

(c) Each person who enters any space adjacent to a cargo hold or

compartment containing the material must wear a self-contained

breathing apparatus unless--

(1) The space has been tested, or is routinely monitored, for the

appropriate flammable gas and oxygen;

(2) The level of flammable gas is less than 10% of the LFL;

(3) The level of toxic gas, if required to be tested, is less than

the TLV; and

(4) The concentration of oxygen is at least 19.5%.

(d) Except in an emergency, no person may enter an adjacent space

if the level of flammable gas is greater than 30% of the LFL. If

emergency entry is necessary, each person who enters the space must

wear a self-contained breathing apparatus and caution must be exercised

to ensure that no sparks are produced.

Sec. 148.450 Cargoes subject to liquefaction.

(a) This section applies only to a material that is listed in table

148.10 with a reference to this section.

(b) This section does not apply to--

(1) Shipments by unmanned barge; or

(2) Coal that is not fine-particled coal.

(c) The following terms are defined as used in this section:

Cargo subject to liquefaction means a material which is subject to

moisture migration and subsequent liquefaction if shipped with a

moisture content in excess of the transportable moisture limit.

Moisture migration is the movement of moisture by settling and

consolidation of a material, which may result in the development of a

flow state in the material.

Transportable moisture limit (TML) of a cargo that may liquefy is

the maximum moisture content which is considered safe for carriage on

vessels.

(d) Except on a vessel that is specially constructed or specially

fitted for the purpose of carrying such cargoes, a cargo subject to

liquefaction may not be transported by vessel if its moisture content

exceeds its TML.

(e) The shipper of a cargo subject to liquefaction shall provide

the master with the material's moisture content and TML.

(f) The master of a vessel shipping a cargo subject to liquefaction

shall ensure that--

(1) A cargo containing a liquid is not stowed in the same cargo

space with a cargo subject to liquefaction; and

(2) Precautions are taken to prevent the entry of liquids into a

cargo space containing a cargo subject to liquefaction.

(g) The moisture content and TML of a material may be determined by

the tests described in appendix D.1 of the BC Code.

Dated: March 2, 1994.

R.C. North,

Captain, U.S. Coast Guard, Acting Chief, Office of Marine Safety,

Security and Environmental Protection.

[FR Doc. 94-8364 Filed 4-11-94; 8:45 am]

BILLING CODE 4910-14-P