[Federal Register Volume 75, Number 116 (Thursday, June 17, 2010)]
[Proposed Rules]
[Pages 34574-34609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14464]
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Part III
Department of Homeland Security
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Coast Guard
46 CFR Parts 97 and 148
Bulk Solid Hazardous Materials: Harmonization With the International
Maritime Solid Bulk Cargoes (IMSBC) Code; Proposed Rule
Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 /
Proposed Rules
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Parts 97 and 148
[Docket No. USCG-2009-0091]
RIN 1625-AB47
Bulk Solid Hazardous Materials: Harmonization With the
International Maritime Solid Bulk Cargoes (IMSBC) Code
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to harmonize its regulations with
International Maritime Organization (IMO) amendments to Chapter VI and
Chapter VII to the International Convention for the Safety of Life at
Sea, 1974, as amended, (SOLAS) that make the International Maritime
Solid Bulk Cargoes (IMSBC) Code mandatory. The amendments require that
all vessels subject to SOLAS and carrying bulk solid cargoes other than
grain must comply with the IMSBC Code. The Coast Guard proposes to
amend its regulations governing the carriage of solid hazardous
materials in bulk to allow use of the IMSBC Code as an equivalent form
of compliance for all domestic and foreign vessels operating in U.S.
navigable waters. Proposed changes to the Coast Guard regulations will
also expand the list of solid hazardous materials authorized for bulk
transportation by vessel and include special handling procedures based
on the IMSBC Code and existing special permits. These proposed changes
would reduce the need for the current special permits for the carriage
of certain solid hazardous materials in bulk.
DATES: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before July 19, 2010
or reach the Docket Management Facility by that date. Comments sent to
the Office of Management and Budget (OMB) on collection of information
must reach OMB on or before July 19, 2010.
ADDRESSES: You may submit comments identified by docket number USCG-
2009-0091 using any one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Fax: 202-493-2251.
Mail: Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
Hand Delivery: Same as mail address above, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
Collection of information comments: If you have comments on the
collection of information discussed in section VII.D. of this NPRM, you
must also send comments to the Office of Information and Regulatory
Affairs (OIRA), Office of Management and Budget. To ensure that your
comments to OIRA are received on time, the preferred methods are by e-
mail to [email protected] (include the docket number and
``Attention: Desk Officer for Coast Guard, DHS'' in the subject line of
the email) or fax at 202-395-6566. An alternate, though slower, method
is by U.S. mail 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.
Viewing incorporation by reference material: You may inspect the
material proposed for incorporation by reference at room 1214, U.S.
Coast Guard Headquarters, 2100 Second Street, SW., Washington, DC
20593, between 9 a.m. and 3 p.m., Monday through Friday, except Federal
holidays. The telephone number is 202-372-1401. Copies of the material
are available as indicated in the ``Incorporation by Reference''
section of this preamble.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Richard Bornhorst, Office of Operating and
Environmental Standards, Hazardous Materials Standards Division (CG-
5223), Coast Guard, telephone 202-372-1426, e-mail
[email protected]. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Public Meeting
II. Abbreviations
III. Background
A. Summary of Existing Regulations
B. Regulatory History
C. Changes to International Regulations That Led to This
Rulemaking
IV. Discussion of Comments on the 1994 Notice of Proposed Rulemaking
A. General Comments
B. Comments Relating to Specific Provisions
C. Changes Between the 1994 NPRM and This NPRM, Not Prompted by
Specific Comments
V. Discussion of Proposed Rule
A. Proposed Changes to Part 97
B. Proposed Changes to Part 148
C. Distribution Table for Part 148
VI. Incorporation by Reference
VII. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
A. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0091), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an e-mail address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop-down menu, select
``Proposed Rule'' and insert ``USCG-2009-0091'' in the ``Keyword'' box.
Click ``Search,'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by
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11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the Facility,
please enclose a stamped, self-addressed postcard or envelope.
We will consider all comments and materials received during the
comment period and may change this proposed rule based on your
comments.
B. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box, insert ``USCG-2009-0091'' and click
``Search.'' Click on ``Open Docket Folder'' in the ``Actions'' column.
If you do not have access to the internet, you may view the docket
online by visiting the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Document
Management Facility.
C. Privacy Act
You may search the electronic form of comments received into any of
our dockets by the name of the individual submitting the comments (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
D. Public Meeting
We do not now plan to hold a public meeting. You may submit a
request for a public meeting to the docket using one of the methods
specified under ADDRESSES. In your request, explain why you believe a
public meeting would be beneficial. If we determine that one would aid
this rulemaking, we will hold a public meeting at a time and place
announced by a later notice in the Federal Register.
II. Abbreviations
ACGIH American Conference of Governmental Industrial Hygienists
ANPRM Advance Notice of Proposed Rulemaking
BC Code Code of Safe Practice for Solid Bulk Cargoes
BCSN Bulk Cargo Shipping Name
CDC Certain Dangerous Cargoes
CERCLA Comprehensive Environmental Response, Compensation, and
Liability Act
CFR Code of Federal Regulations
COTP Captain of the Port
CTAC Chemical Transportation Advisory Committee
DCM Dangerous Cargo Manifest
DHS Department of Homeland Security
DRI Direct Reduced Iron
EPA Environmental Protection Agency
FR Federal Register
HMR Hazardous Materials Regulations, 49 CFR Parts 171-180
IAEA International Atomic Energy Agency
IMDG Code International Maritime Dangerous Goods Code
IMO International Maritime Organization
IMSBC Code International Maritime Solid Bulk Cargoes Code
LFL lower flammability limit
LSA Low Specific Activity
MARPOL 73/78 International Convention for the Prevention of
Pollution from Ships
MISLE Marine Information for Safety and Law Enforcement
MHB Materials Hazardous only in Bulk
MSDS Material Safety Data Sheet
NCB National Cargo Bureau
NEPA National Environmental Policy Act of 1969
N.O.S. Not Otherwise Specified
NPRM notice of proposed rulemaking
NTTAA National Technology Transfer and Advancement Act
NVIC Navigation and Vessel Inspection Circular
OIRA Office of Information and Regulatory Affairs
OMB Office of Management and Budget
ORM Other Regulated Material
OSHA Occupational Safety and Health Administration
PDM potentially dangerous material
PHMSA Pipeline and Hazardous Materials Safety Administration (U.S.
Department of Transportation)
RQ Reportable Quantity
SCBA Self-contained breathing apparatus
SCO-I Surface Contaminated Object (group I)
SOLAS International Convention for the Safety of Life at Sea, 1974,
as amended
TLV threshold limit value
TML Transportable Moisture Limit
UN United Nations
U.S.C. United States Code
III. Background
A. Summary of Existing Regulations
The Coast Guard regulations governing the carriage of solid
hazardous materials in bulk are found in 46 CFR parts 97 and 148. Part
148 prescribes regulations for the transport of solid hazardous
materials in bulk by vessel on U.S. navigable waters. Subpart 148.01
includes information on applicability, special permits, and
certification. This subpart also includes a list of permitted solid
cargoes that may be transported without special permit from the Coast
Guard; the list was last revised in 1984 (49 FR 16794). The list does
not cover 30 additional solid cargoes that are now shipped in bulk by
vessel and that require special handling procedures to ensure safety in
transportation. The Coast Guard issues special permits specifying
conditions under which it allows transport of these bulk solid cargoes
by vessel.
Subpart 148.02 includes vessel requirements for shipping papers,
dangerous cargo manifests (DCMs), and reporting of incidents. Subparts
148.03 and 148.04 include minimum transportation requirements for all
bulk solid cargoes subject to Part 148, and special additional
requirements for certain material. The special additional requirements
are applied to solid cargoes permitted to be carried in bulk by vessel
in accordance with Subpart 148.01.
B. Regulatory History
This rulemaking is based on a previous rulemaking (CGD 87-069),
which the Coast Guard closed in 1995. On April 28, 1989, the Coast
Guard published an advance notice of proposed rulemaking (ANPRM) titled
``Marine Transport of Bulk Solid Hazardous Materials'' in the Federal
Register (54 FR 18308). During the 60-day comment period, the Coast
Guard received 16 comment letters on the ANPRM, which we considered in
developing a notice of proposed rulemaking (NPRM). The comments did not
request a public meeting, and we did not hold one.
On April 12, 1994, the Coast Guard published an NPRM titled
``Carriage of Bulk Solid Materials Requiring Special Handling'' in the
Federal Register (59 FR 17418) with a 90-day comment period. On August
5, 1994, we extended the comment period for 30 days (59 FR 40004). The
1994 NPRM addressed comments received on the ANPRM. The NPRM also
included a provision regarding the carriage of coal (proposed in the
1994 NPRM as Sec. 148.240), which was based on a report by the
Chemical Transportation Advisory Committee (CTAC) Subcommittee on Coal
Transportation. That CTAC report is discussed in the 1994 NPRM at 59 FR
17420. In response to the 1994 NPRM, the Coast Guard received 65
letters and communications containing more than 200 comments. No public
meeting was requested, and we did not hold one.
On April 13, 1995, the Coast Guard published a notice of
termination in the Federal Register (60 FR 18793). At that time, we
closed the rulemaking to focus resources on other matters. We resolved
those matters and we are now proceeding with the rulemaking. A copy of
the 1994 NPRM and the 1995 Termination Notice have been placed in the
public docket for reference.
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In 2008 and 2009, the CTAC Subcommittee on Solid Bulk Cargoes held
several meetings regarding the IMSBC Code and specific requirements for
the carriage of all bulk solid cargoes by vessel. Industry provided
extensive recommendations during these public meetings, which the Coast
Guard considered and incorporated when developing this proposed rule.
The meetings occurred on April 23, 2008 (73 FR 17369), September 9 and
10, 2008 (73 FR 47202), April 21 and 22, 2009, and August 12, 2009 (74
FR 39090). The rulemaking docket (USCG-2009-0091) contains minutes of
these public meetings as well as the subcommittee's final report. The
Coast Guard used CTAC's report in preparing this NPRM.
At the time the Coast Guard published the 1994 NPRM, the
international standard for the marine transport of solid materials in
bulk was the Code of Safe Practice for Solid Bulk Cargoes (BC Code).
Since the 1994 NPRM, the IMO has updated the BC Code periodically and
renamed it the IMSBC Code. Therefore, this proposed rule is similar,
but not identical, to that proposed in the 1994 NPRM. The Coast Guard
encourages members of the public to comment on this NPRM, even if they
may have submitted a similar comment in the 1994 rulemaking.
The period for comment on this NPRM is 30 days. We believe that a
30-day comment period is adequate in light of the long history of this
rulemaking and the multiple opportunities for comment. As described in
detail above, the public has commented on an ANPRM as well as an NPRM
very similar to the rule proposed in this document, and at four public
meetings in the last 2 years. In addition, the Coast Guard participated
in the development of the IMSBC Code, and held public meetings prior to
each meeting with the IMO to give shipping and cargo interests the
opportunity to comment on IMO activities (see, e.g., 74 FR 40632, 73 FR
51876, and 72 FR 44213). For these reasons, we believe that a comment
period of 30 days is appropriate.
C. Changes to International Regulations That Led to This Rulemaking
The carriage of hazardous materials in international maritime
commerce is now governed by Chapter VII of the International Convention
for the Safety of Life at Sea, 1974, as amended (SOLAS). In 1990 and
1991, the IMO amended Chapter VI of SOLAS, which formerly applied only
to grain cargoes, to include all bulk solid cargoes. The amended
Chapter VI of SOLAS requires that the master receive written cargo
information, that the vessel carry oxygen analysis and gas detection
equipment on board when the cargoes to be carried are likely to emit
toxic or flammable gases, and that the master possess information
regarding the ship's stability and the distribution of cargo after
loading.
On January 1, 1994, these amendments became binding for all nations
signatory to SOLAS, including the United States. In December, 2008, IMO
further amended SOLAS Chapter VI and Chapter VII, to require compliance
with the relevant provisions of the IMSBC Code for the carriage of bulk
solid cargoes other than grain. This amendment will become binding for
all nations signatory to the SOLAS Convention on January 1, 2011.
The IMSBC Code, formerly known as the BC Code, is the international
standard for the marine transport of solid materials in bulk. The IMO
first issued it in 1965 and has amended it several times since, most
recently in 2008. The IMSBC Code provides standards for shippers,
vessel operators, and masters to ensure the safe handling and carriage
of bulk solid cargoes. Implementation of the IMSBC Code will not become
mandatory until January 1, 2011, but several countries have already
adopted the Code, in whole or in part, as national regulation.
Countries that are party to SOLAS will require compliance with the
IMSBC Code for all bulk solid shipments occurring in their
jurisdiction. Several bulk solid cargoes covered by the IMSBC Code are
also regulated by the Coast Guard under 46 CFR part 148, under either
the list of permitted cargoes or the terms of a special permit.
The Secretary of Homeland Security delegated to the Coast Guard the
authority necessary to conduct this rulemaking, including the authority
to carry out the functions and exercise the authorities in 46 U.S.C.
3306 and 5111, and to carry out the functions of 46 U.S.C. 3306(a)(5)
and 49 U.S.C. 5101 et seq. relating to the regulation of bulk
transportation of hazardous materials loaded or carried on board a
vessel without benefit of containers or labels. Under these and other
authorities, the Coast Guard proposes in this NPRM regulations that
would allow the use of the IMSBC Code as an equivalent form of
compliance with 46 CFR part 148 for international shipments originating
or concluding in the United States, subject to conditions and
limitations.
IV. Discussion of Comments on the 1994 Notice of Proposed Rulemaking
In response to the April 1994 NPRM, the Coast Guard received 65
letters and communications containing more than 200 comments. Those
commenting included shippers, carriers, terminal operators, marine
surveyors, trade associations, private individuals, and the Canadian
Coast Guard. No public meeting was requested, and we did not hold one.
In this section, we discuss the comments received on the 1994 NPRM,
including, where appropriate, instances in which comments led to
changes between the 1994 NPRM and this NPRM. In many cases, we no
longer have the original comment letters submitted in 1994; instead, we
based our discussion of those comments on summaries created in 1994,
which we have made available in the docket. Following the discussion of
the public comments, we summarize additional changes made to this
proposed rule as the result of actions by the Coast Guard, the IMO, and
the Pipeline and Hazardous Materials Safety Administration (PHMSA)
since publication of the 1994 NPRM.
A. General Comments
Two comments objected to the rulemaking in general, stating that
the regulations are burdensome and unnecessary.
We have regulated shipment of bulk solid hazardous materials for
more than 30 years. All of the materials previously regulated and those
to be regulated under this rulemaking have been determined through
experience and/or scientific investigation to have characteristics that
could endanger human life or harm the marine environment. Before
participating in any action by IMO to develop the IMSBC Code, the Coast
Guard sought advice from the affected segments of American industry.
The coal industry is a particularly good example. A special working
group from American coal and marine transportation interests
participated in the development of the international requirements. The
adoption of amendments to Chapter VI and Chapter VII of SOLAS require
that all vessels subject to SOLAS and carrying bulk solid cargoes other
than grain must comply with the IMSBC Code. It is necessary for the
United States to update its regulations to harmonize with SOLAS
requirements. Allowing for the use of the IMSBC Code as an equivalent
form of compliance with 46 CFR part 148, and reducing the number of
special permits requested and issued, will reduce some burden on both
the Coast Guard and the shipper. The United States has been, and
expects to continue being, a leader in international maritime safety.
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One comment noted that the Coast Guard was regulating in an area
where each circumstance is different and calls for different measures.
This comment recommended that the Coast Guard require companies
conducting potentially risky operations to conduct a systems analysis
similar to the process hazards analysis now required by both the
Occupational Safety and Health Administration (OSHA) and the
Environmental Protection Agency (EPA).
We determined that the comment's recommendation transcends the
scope of the present rulemaking. None of the materials regulated under
the former rules or proposed for regulating by this NPRM have a history
of catastrophic events that would put an entire community at risk. Only
a few are environmentally hazardous substances of significance. The
issue of systems analysis as proposed by the comment would be better
addressed under a comprehensive review of the Coast Guard's port safety
regulations.
Ten comments proposed that the rules in Part 148 should not apply
to unmanned barges in domestic rivers or coastwise service. We agree in
part. We revised proposed Sec. 148.1 to exclude unmanned barges
transporting potentially dangerous materials (PDM), such as coal and
wood chips, from this part except when such a barge is on an
international voyage. PDM materials have characteristics of self-
heating, flammable/toxic gas emission, or oxygen depletion. These
materials pose little danger when transported in open hopper barges.
This part would continue to apply to all unmanned barges transporting
bulk materials meeting the hazardous class definitions in 49 CFR
Chapter I, Subchapter C; for example, ammonium nitrate fertilizer and
ferrosilicon. The term PDM is functionally equivalent to term
``material hazardous only in bulk'' (MHB), which is used in the IMSBC
Code.
B. Comments Relating to Specific Provisions
1. Section 97.12-1. Four comments found the applicability statement
confusing and the applicability of Subpart 97.12 to foreign flag
vessels and barges unclear.
This section has been deleted from the proposed rule. The vessel
applicability rules from Part 90 apply.
2. Section 97.12-3. One comment remarked that not all vessels
subject to the rules would have masters.
We determined that no change is necessary. Unmanned barges are
exempt from Subpart 97.12 and all other vessels have masters.
3. Section 148.3.
a. Adjacent space. Two comments questioned the definition of
``adjacent space.'' One asked whether an adjacent space included
penetrations, such as cable runs and pipes, in a bulkhead separating a
space from a cargo hold, if those penetrations were gas-tight. The
other stated that spaces having a high rate of air exchange that
negates the potential for the accumulation of toxic or flammable gases
should not be considered adjacent spaces.
To the first comment, the Coast Guard explains that if a cable or
pipe passes through the common bulkhead or deck in a stuffing tube or
packing gland, the space is considered an adjacent space. If a pipe is
welded where it passes through the common bulkhead or deck, it is not a
penetration for the purposes of this definition.
To the second comment, we point out that the definition of adjacent
space relates only to the location of a space in relation to a cargo
hold containing bulk solid materials requiring special handling. The
atmospheric conditions in the space are not addressed in the
definition. Ventilation of adjacent spaces is addressed for specified
cargoes.
b. Hot-molded briquettes. One comment pointed out that the
definition of ``hot-molded briquettes'' is not consistent with the BC
Code (now replaced by the IMSBC Code).
The IMSBC Code defines hot molded direct reduced iron (DRI) as
briquettes molded at a temperature of 650 [deg]C or higher that have a
density of 5.0 g/cm[sup3] or greater. The 1994 NPRM had stated that DRI
briquettes were either molded at a temperature of 650 [deg]C or higher
or had a density of 5.0 g/cm[sup3] or greater. In this proposed rule,
we have revised the proposed definition to match the IMSBC Code.
c. Surface ventilation. One comment asked if the definition of
``surface ventilation'' included both active (fan-induced) and passive
(hatch cover vents) ventilation.
The answer is yes. In this proposed rule, we have expanded the
definition accordingly.
4. Section 148.5. One comment supported acceptance of alternative
procedures set out in Sec. 148.5.
5. Section 148.8. One comment proposed that Section 4 of the BC
Code (now IMSBC Code) be incorporated by reference. The section deals
with assessing the acceptability of consignments for safe shipment.
Section 4 of the IMSBC Code contains provisions for information to
be given to the master prior to loading, and retained on board during
carriage. This section of the IMSBC Code is incorporated by reference
for international shipments under Sec. 148.55 of the proposed rule.
For domestic shipments, equivalent measures are contained in Sec. Sec.
148.60 and 148.70.
6. Section 148.10.
a. One comment found the proposed rules ``grossly inadequate'' in
how they protect merchant mariners from exposure to hazardous
substances. Commenting on footnotes 7, 8, 10, 12, and 15 of proposed
Table 148.10, this comment recommended that the Coast Guard either
adopt OSHA standards for personal protective equipment or develop its
own equivalent standards.
We recognize that this regulation does not contain all the
requirements necessary for a comprehensive health and safety program.
In our Navigation and Vessel Inspection Circular (NVIC) 3-92 of
February 24, 1992, however, we provide the marine industry with
guidance for such a program.
In this proposed rule, we have retained requirements for the most
important health and safety issues related to the transportation of
materials regulated in Part 148. These include general requirements to
treat all cargo holds as confined spaces, and specific requirements
that are deemed necessary due to unique hazards of certain bulk solid
materials. In this proposed rule, a new section, Sec. 148.86,
containing requirements for confined space entry has replaced the
``special requirements'' proposed in Sec. Sec. 148.425 and 148.430 in
the 1994 NPRM Sec. 1. Also, we have added a definition of ``confined
space'' to Sec. 148.3.
b. One comment suggested that an entry for ``ammonium nitrate, UN
1942'' be added to Table 148.10.
We agree and we have adjusted this proposed rule accordingly. The
footnotes and special requirements in the new entry would be the same
as for ammonium nitrate fertilizer, UN 2067.
c. Four comments opposed the classification of coal as PDM and/or
requested that the transport of coal be removed from the rulemaking.
We did not adopt this request. The IMSBC Code provisions for
transport of coal are the result of a U.S. initiative developed with
the knowledge, assistance, and concurrence of the U.S. coal industry.
Where the 1994 rulemaking was not in harmony with the IMSBC Code, we
have revised this proposed rule accordingly. The burden on the coal
industry would be lessened by exempting domestic barge shipments of
PDM, as is provided by this rulemaking.
[[Page 34578]]
d. Concerning the list of sections containing special requirements
for coal, one comment observed that Sec. Sec. 148.15, 148.80, 148.90,
148.100, 148.110, 148.115, and 148.120 also apply to coal.
Although this is generally true, Sec. 148.15 does not apply to
coal; therefore, no change to Table 148.10 is necessary to make
reference to this section. The other sections cited by the comment
contain general requirements that apply to all commodities listed in
the table, and are not specific to coal.
e. One comment questioned the applicability to coal of footnote 24
of proposed Table 148.10, cargoes subject to liquefaction, stating that
liquefaction cannot occur with coal.
Based on the IMSBC Code and other information available to the
Coast Guard, we believe liquefaction can indeed occur with coal if the
coal is in a finely divided form. In order to clarify this, proposed
Sec. 148.450, ``Cargoes subject to liquefaction,'' states that it does
not apply to cargoes of coal that have an average particle size of 10
mm (.394 in.) or greater. The average particle size is based on the
definition of ``fine-grained materials'' in Appendix 2 of the IMSBC
Code.
f. One comment requested that footnote 11, which indicates that
petroleum coke is susceptible to spontaneous heating and ignition, be
removed from the entry for petroleum coke in Table 148.10. The comment
states that this footnote is not appropriate.
We found that the IMSBC Code identifies spontaneous heating and
ignition as a characteristic of petroleum coke, and we have left this
as a hazardous or potentially dangerous description for petroleum coke.
g. One comment opposed classification of sawdust and wood chips as
PDM.
We disagree. The Coast Guard's Bulk Solid Cargoes regulations have
listed sawdust as a regulated material since before 1976. Under this
proposed rule, we would regulate sawdust as PDM when carried by cargo
vessel; it is currently regulated as an Other Regulated Material--Class
C (ORM-C). However, the proposed rule does not apply to domestic barge
shipments. The principal hazard associated with these materials,
sawdust and wood chips, is oxygen depletion in confined spaces. Since
these materials are usually transported domestically in open hopper
barges, oxygen depletion is not a significant hazard.
h. One comment recommended that an entry for Sulfur, NA 1350,
Hazard Class 9, be added to 49 CFR Table 172.101 to be used for
domestic transportation of sulfur.
We agree that this addition would be consistent with the entries
for sulfur in 49 CFR Table 172.101. The entry for sulfur that is
assigned to NA 1350 may be used only for domestic transportation. The
proposed entry for Sulfur UN 1350, Hazard Class 4.1, has been retained
for international transportation. The footnotes and special
requirements of both entries are the same.
7. Section 148.12.
a. This was one of the most controversial provisions of the 1994
NPRM. Seventeen comments objected to this provision on the grounds that
it would create a monopoly by naming the National Cargo Bureau, Inc.
(NCB), as the exclusive agency for assisting the Coast Guard in
administering Part 148. The comments requested that we authorize other
competent entities to assist in the administration of these
regulations.
Since 1952, the Coast Guard's hazardous materials regulations
(HMRs) have contained a provision recognizing NCB. As proposed in 1994,
Sec. 148.12 (to replace existing Sec. 148.01-13) granted no monopoly
to the NCB, did not require that its services be used, and did not
prohibit carriers from employing other surveyors. In this proposed
rule, we have retained this section with only minor revisions.
b. One comment noted that Sec. 148.12 implies mandatory Coast
Guard inspection of each barge, creating a delay that would have an
adverse economic impact.
This is not the case. Proposed Sec. 148.12 in no way mandates
inspection of every barge. We have the authority to inspect barges or
other vessels to ensure compliance with the regulations, but in
practice we do not carry out inspections of 100 percent of the affected
vessels. The employment of NCB or any recognized marine surveying
organization is voluntary on the part of a vessel operator.
8. Section 148.55. One comment noted that proposed paragraph (b) of
this section, by authorizing compliance with international requirements
in lieu of compliance with Part 148, may preclude some other
regulations in Part 148.
As the rule was proposed in the 1994 NPRM, this would have been
true. However, it was not the Coast Guard's intent that this provision
should obviate the requirements concerning environmentally hazardous
substances or zinc ashes. In this proposed rule, we have revised
paragraph (b) of this section to require that these commodities must
comply with Part 148 in addition to the IMSBC Code. We are not aware of
any other provisions in this rulemaking that are significantly more
stringent than the IMSBC Code.
9. Section 148.60.
a. One comment recommended that shipping papers include the
shipper's and transporter's Hazardous Materials Registration Number.
Under PHMSA regulations at 49 CFR part 107, subpart G, registration
is required only for shippers and transporters of certain packaged
hazardous materials. Registration is not required for shippers or
transporters of bulk materials, including solid materials, liquid
chemicals, and compressed gases. Therefore, not all shippers and
transporters of bulk solid materials will have Hazardous Materials
Registration Numbers.
b. One comment stated that the proposed regulation provided
inadequate protection regarding shipment by barge. Because barges do
not have masters, there is no one to hold responsible for accepting the
commodity.
We point to Sec. 148.2, proposed in this rulemaking, which places
the duty to comply with these regulations on ``each master of a vessel,
person in charge of a barge, owner, operator, charterer, or agent.'' We
propose to revise the definition of ``master'' in Sec. 148.3 to
indicate that the person in charge of a barge may perform the functions
of a master for the purposes of this proposed rule. We also propose to
add the definition of ``person in charge of a barge'' to Sec. 148.3.
c. One comment requested that the Coast Guard define the format or
document to be used for notification of the master.
We do not intend to impose a format for communications between
shipper and carrier. A single format cannot take into account all forms
of communication between all types of shippers and carriers.
Documentation should be in a form acceptable to both parties.
d. One comment suggested that it may be good practice to have a
material safety data sheet (MSDS) address some portions of proposed
Sec. 148.60.
We agree with the comment, but point out that proposed Sec. 148.61
already allows hazardous materials information to be provided in the
form of an MSDS.
e. One comment observed that, as proposed in the 1994 NPRM, Sec.
148.60(d) negated the requirement for shipping papers for shipments of
PDM, including coal.
In this proposed rule, we have resolved this issue by removing
[[Page 34579]]
paragraph (d) of Sec. 148.60. Because of the proposed applicability
provisions at Sec. 148.1, shipping papers would be required for all
shipments of hazardous materials and PDM by cargo vessel, and by
unmanned barge if the barge is on an international voyage. Shipping
papers are not required for PDM when transported by barge in domestic
transportation.
f. One comment stated that the shipping paper requirements for PDM
in the 1994 proposal were not clear; this comment proposed that the
requirement for shipper advice be dropped.
Shippers' advice to the master is essential for many materials. The
shipper has the most knowledge of the characteristics and hazards of
the material and therefore can provide the best advice for shipping.
This information most commonly is conveyed through shipping papers and
DCMs. Under SOLAS, shipping papers and a DCM are required for all
hazardous cargoes. Therefore, in this proposed rule, we removed the
exception for PDM in international commerce. Because of the proposed
revision to the applicability provisions at Sec. 148.1, neither
shipping papers nor a DCM are needed for shipments of PDM by unmanned
barge in domestic transportation.
10. Section 148.62. Two comments did not believe safety would be
meaningfully enhanced by a requirement to transfer and maintain aboard
an unmanned barge written information on the hazards of these cargoes.
The proposed regulations require that the shipping paper and
emergency response information be kept on the tug or towing vessel, or,
in the case of a moored barge, in a readily retrievable location. The
purpose of this requirement includes the safety of first responders. If
an incident should occur on board the barge, it is essential that
personnel responding can obtain emergency response information. If the
shipper or the master of a vessel or person in charge is not available,
this may be the only source of information on the cargo.
11. Section 148.70.
a. One comment requested that barges be exempt from the requirement
for a DCM.
Under the revised applicability provisions of this proposed rule,
barges are exempt from DCM requirements unless they are on an
international voyage. On international voyages, barges carrying Class 4
through 9 hazardous materials in bulk must comply with SOLAS and
therefore must have a DCM.
b. Another comment questioned whether a DCM is required for
materials classed as PDM.
The answer is no. A DCM is required only when a cargo vessel (or a
barge on an international voyage) transports bulk materials of Hazard
Classes 4 through 9.
c. One comment recommended that a DCM be required for unmanned
barges.
We partially agree. Under SOLAS, an unmanned barge carrying bulk
hazardous materials other than PDM on an international voyage must have
a DCM on board. For barges in domestic transportation, however, the
information required to be on the DCM is either not applicable or is
redundant to information presented on the shipping paper. The shipping
paper required on board the towing vessel or on the barge under
proposed Sec. 148.60 provides sufficient information.
12. Section 148.80.
a. One comment asked whether the definition of ``responsible
person'' included members of a ship's crew designated by the master or
his deputy and noted that, if so, no changes in current practices are
implied.
This definition as referenced by the comment is the intended
definition of ``responsible person.'' The responsible person must be a
person empowered by the master of a vessel or the owner or operator of
a barge to make all decisions relating to his or her specific task and
must have the necessary knowledge and experience for that purpose. We
have added this definition of ``responsible person'' to proposed Sec.
148.3.
b. Another comment asked whether these regulations would require
either the vessel or the shipper to provide a ``responsible person'' to
supervise the loading.
The answer is yes. The proposed rule requires that a responsible
person be assigned by either the master of the vessel or the owner or
operator of a barge.
13. Section 148.90.
a. Eighteen comments questioned the need for holds to be thoroughly
cleaned of the previous cargo when the same cargo is to be loaded
again.
We believe that the 1994 NPRM was ambiguously worded with regard to
the cleaning of cargo holds. The current proposed rule clarifies that
thorough cleaning is required only when the previous cargo is
incompatible with the cargo being loaded. Compatibility is determined
by reference to the stowage and segregation requirements in Subpart D
of Part 148.
b. Four comments stated that the requirement that each cargo hold
be as dry as practicable was in itself not practical.
The proposed rule clarifies that this requirement applies only to
bulk solids that are dangerous when wet or that are subject to
liquefaction.
c. Two comments expressed the need for shippers to advise masters
of Great Lakes vessels regarding stowage factors and trimming, because
of the unique design and operating mode of these vessels. According to
the comments, the best course of action is to test every coal cargo for
methane regardless of information provided by the shipper.
We agree. The IMSBC Code requires that the atmosphere above the
cargo in each hold containing coal be regularly monitored for the
concentration of methane, oxygen, and carbon monoxide with procedures
outlined in Appendix 1.
d. Another comment recommended that the requirement to provide
information on the chemical properties and related hazards of coal and
petroleum coke should be omitted.
We disagree. In the interest of safety, the master of the vessel
must be fully informed of the nature of the material to be loaded. The
regulations, it should be noted, do not stipulate that the chemical
properties and related hazards information must be provided for each
shipment. For repetitious shipments by a single shipper of a material
whose characteristics remain unchanged, this information need only be
provided once and retained on file.
14. Section 148.100. One comment recommended that recording the
details of cargo monitoring and gas testing in a separate dedicated
book should be allowed to continue. The ship's log need only make
reference to such testing or monitoring.
We agree with the comment and revised proposed Sec. 148.100
requiring that the date and time be recorded in the ship's log. The
proposed rule requires only that the detailed information be recorded,
and does not specifically require that it be recorded in the ship's
log.
15. Section 148.110. One comment stated that a cautionary statement
referring to 33 CFR part 151 might be appropriate for inclusion in
Sec. 148.110.
We agree. Under 33 CFR part 151, operational and maintenance wastes
such as cargo residues and deck sweepings are considered ``garbage.''
When on U.S. territorial seas or inland waters, cargo residues and deck
sweepings must be retained on the vessel and disposed of as specified
in that part; therefore, we included this information in the proposed
Sec. 148.110.
16. Section 148.150. One comment requested that a provision be
added under Sec. 148.150 to read ``sulfur must be
[[Page 34580]]
segregated as required in Sec. 148.120 for Class 4.1 materials.''
We agree with the comment and made this revision.
17. Section 148.155. One comment interpreted this section as
requiring separation by one complete cargo compartment between two PDM
commodities. They doubted that a vessel would be capable of sailing
with an empty intermediate cargo compartment without stressing the
vessel.
This comment likely refers to proposed Sec. 148.155(d)(2). The
separation provision applies only when the temperature of petroleum
coke is 55 [deg]C (131 [deg]F) or higher when loaded. The purpose of
this requirement is to prevent contact between a bulkhead of a cargo
hold containing hot hazardous material and a cargo in an adjacent cargo
hold that is sensitive to heat. If it is necessary to transport
petroleum coke in a hold adjacent to other hazardous materials, the
solution is to not load hot petroleum coke until its temperature
decreases to below 55[deg]C. Alternatively, if possible, nonhazardous
cargo could be stowed in the intervening hold.
18. Section 148.205.
a. One comment stated that the temperature limitations for ammonium
nitrate fertilizer should be ensured by monitoring and controlling
temperature at the output from the manufacturing process rather than by
temperature probes once the material is loaded.
We agree that the temperature of ammonium nitrate fertilizer or any
other bulk commodity is best controlled through the manufacturing
process. However, only monitoring immediately before loading would
ensure that the temperature of the cargo on the vessel is within safe
limits.
b. One comment asked if the detonation test prescribed by The
Fertilizer Institute was acceptable as an equivalent test under Sec.
148.205(b).
In this proposed rule this test has not been added to the list of
allowable tests because it is no longer being maintained by The
Fertilizer Institute. Therefore, the detonation test prescribed by The
Fertilizer Institute is not acceptable as an equivalent.
c. One comment stated that Sec. 148.205(c)(1) is a reasonable
requirement provided it does not mean that each load offered for
shipment has to be tested. According to the comment, test data on file
supporting the classification by the manufacturer should be sufficient.
This proposed provision does not imply that testing is required for
each shipment as long as the chemical composition of the material being
shipped has not changed.
d. One comment noted that this section is deficient because it
refers only to the ``master'' when the vessel may be a barge.
To clarify the applicability of this and similar provisions, we
proposed to revise the definition of ``master'' in Sec. 148.3 to
include the ``person in charge of a barge,'' and add a definition of
``person in charge of a barge'' to that section.
e. One comment questioned the prohibition on fuel oil transfer
during loading of ammonium nitrate fertilizers. This comment saw no
reason why internal fuel transfers should not be permitted.
The purpose of prohibiting bunkering and fuel transfers during the
handling of ammonium nitrate and ammonium nitrate fertilizers is to
preclude any possibility of forming an explosive mixture through the
contamination of the ammonium nitrate. This prohibition does not extend
to transfers of fuel on board the vessel through the vessel's fixed
piping system. We have reworded the section to clarify this.
19. Section 148.225. One comment recommended that Sec. Sec.
148.225 and 148.315 address the proper disposal of residue that has
been ``hosed down'' or ``washed down with fresh water.'' Another
similar comment recommended that Sec. 148.315 should address proper
disposal of sulfur residue that has been ``hosed down'' or ``washed
down with fresh water.''
Although the provision for washing down with fresh water is a
direct quotation from the IMSBC Code, we recognize that it conflicts
with Annex V of The International Convention for the Prevention of
Pollution from Ships (MARPOL 73/78) and 33 CFR part 151. Instead, in
these sections, we propose to refer to 33 CFR parts 151.55 through
151.77.
20. Section 148.240.
a. One comment believed there should be some discrimination between
supply and exhaust fans in determining which must be ``safe for use in
an explosive gas atmosphere.'' The comment recommended that all
existing fans should be ``grandfathered.''
We disagree. Both intake and exhaust fans must be explosion-proof
for two reasons. First, ventilation fans on board a vessel are often
dual purpose, serving as both intake and exhaust. Second, pockets of
gas may accumulate within the housings of both intake and exhaust fans
during periods of non-use, creating the possibility of explosion.
b. Two comments expressed an objection to any broad-brush statement
classifying all coals as hazardous material.
We support the determination by the IMO that, while some coals are
more hazardous than others, all have the potential to be hazardous. We
note that the U.S. coal industry was represented on the working group
that recommended provisions eventually included in the IMSBC Code.
c. One comment remarked that the requirements for coal were
different and less demanding than the current recommendations contained
in the BC Code (now the IMSBC Code).
Although phrased differently from the IMSBC Code, the proposed
provisions of this chapter concerning coal (not limited to Sec.
148.240) are neither different nor less demanding than those of the
IMSBC Code.
d. Another comment proposed that some recognition be shown for the
unique construction of the Great Lakes self-unloading vessel.
We accept the fact that Great Lakes vessels may have certain unique
features. However, they are exceptions to the general case addressed in
these regulations. If owners/operators of Great Lakes vessels cannot
comply with this proposed rule, but can provide equivalent safety
through alternative means, they may take advantage of the alternative
procedures provisions of Sec. 148.5.
e. One comment found Sec. 148.240(a) not specific enough to
establish the types of electrical fittings that are required.
We determined that 46 CFR part 111, subpart 111.105, is sufficient
in clarity. An item of electrical equipment must be tested or approved
in order to comply with IEC 79 series publications. The specific
requirements are stated in 111.105-7(a) and (b) and a reference is made
to this section in 148.240.
f. Another comment noted that Sec. 148.240(a) did not apply to
adjacent spaces because Sec. 148.18(b) recognized that such spaces may
have electrical equipment that is not certified safe for use in an
explosive gas atmosphere.
This comment is correct. Paragraph Sec. 148.240(a) has been
revised so that it refers only to electrical equipment in cargo holds.
g. Fifteen comments expressed very serious objections to the
provision that the temperature of coal at the time of loading not
exceed 41 [deg]C (105 [deg]F), or 15 [deg]C (27 [deg]F) above the
ambient temperature.
We agree with the comments. The temperature requirements in the
1994 NPRM were not consistent with the IMSBC Code and have been removed
from this proposed rule.
[[Page 34581]]
h. Three comments stated that the wording of the requirement for
trimming, i.e., ``reasonably level,'' was subject to various
interpretations. They recommended that the subjective nature of this
section be eliminated by incorporating some quantitative factor, such
as a maximum height of the peak of the pile expressed as a percentage
of the vessel's beam.
We recognize the subjective nature of this provision but find it to
be impractical to impose an arbitrary quantitative standard for
``level.'' We have therefore removed this language from the proposed
rule. The shipper will be responsible for providing trimming
information in accordance with the new proposed shipping paper
requirements.
i. Two comments observed that Sec. 148.240(c)(1) provided no
definition of ``sealed'', but advised that self-unloading vessels
cannot meet this sort of ``sealing'' requirement in all cases. The
comments noted that a number of obvious exemptions would be necessary.
We find that the concept of ``sealed'' requires no regulatory
definition. The purpose of sealing the accesses and hatches is to
prevent the escape of methane from the hold into other spaces on the
vessel. This paragraph has been revised to clarify that, because of
their design, the unloading gates on self-unloading vessels are not
required to be sealed.
j. One comment found the 1994 NPRM unclear as to the meaning of the
word ``casing,'' and assumed that this refers to access trunks.
We agree. ``Casing'' is the term employed by the IMSBC Code. By
common definition, a ``casing'' is the metal enclosure around a space
such as an ``access trunk.'' To eliminate confusion, the word
``casing'' has been removed in this proposed rule.
k. One comment noted that there was no reference to the tunnel
spaces on self-unloading vessels in the section on coal, and suggested
they be included in Sec. 148.240(c)(2).
We have adopted this suggestion in the proposed rule.
l. Three comments inquired as to what specifically are ``hot
areas'' and what is considered adequate ventilation.
We agree that the use of the term ``hot areas'' in the 1994 NPRM
was vague, and we have deleted it from this rulemaking.
In the context of Sec. 148.240(c)(2), adequate ventilation means
an air exchange that prevents an accumulation of gas that may be
harmful to personnel in working spaces. The ventilation may be natural
or mechanical and should be commensurate with the risk of exposure of
the space to harmful gases.
In the context of Sec. 148.240(c)(3), adequate ventilation means
surface ventilation as defined in Sec. 148.240(f). Ventilation has
been defined in the definition section, Sec. 148.3.
m. One comment stated that paragraph (d) of this section was
redundant by virtue of paragraphs (e), (f), and (i).
We do not agree. Paragraph (d) states a general prohibition on
ventilation applicable to all shipments of coal. Paragraph (e) requires
the temperature of coal, known to be, or suspected of being,
susceptible to self-heating, to be monitored. Paragraph (f) provides an
exception to paragraph (d) for coals that generate methane. Paragraph
(i) prescribes that the atmosphere in a hold containing a coal
described in paragraph (e) must be monitored for carbon monoxide. There
is no redundancy between paragraph (d) and any other paragraph or
combination of paragraphs.
n. One comment asserted that the requirement to provide
characteristics of the cargo is the responsibility of the shipper or
his appointed agent, and objected to the reference in the 1994 NPRM to
information about the cargo possessed by the terminal operator and/or
vessel operator. Another comment noted that the requirement to monitor
coal temperatures before loading should be the responsibility of the
shipper. Three other comments stated the view that shippers at times
may find it difficult or impossible to obtain the required information.
These comments stated that shippers should not be liable for
information they do not have.
In response to all of these comments, the Coast Guard replies that
someone in the transportation chain must accept responsibility for the
condition of a material to be loaded aboard a vessel. Logically, the
primary responsibility resides with the person who offers the material
for shipment. This person is responsible for knowing the specific types
of cargoes being shipped and their hazardous characteristics. This
responsibility does not absolve the terminal operator, who may have
information about cargoes obtained through experience or observation,
from an obligation to pass such information on to the master, nor does
it absolve the master, who has the final responsibility for the safety
of his vessel. This proposed rule clarifies that the master is
responsible for monitoring the temperature of the coal.
o. Several comments requested clarification as to what triggers the
requirement for ventilation of the cargo space. Three comments stated
that the term ``freshly mined'' was a subjective judgment and needed to
be clarified. One comment requested clarification of what ``history''
would trigger the ventilation requirements for coal.
This section has been revised in the proposed rule to emphasize the
coal's potential for emitting methane as the trigger for requiring
ventilation of the cargo space.
p. One comment requested that temperature monitoring be waived with
respect to coal stored in rail cars before loading.
As amended, the proposed rule does not specifically require
monitoring the temperature of coal that is stored in rail cars before
it is loaded.
q. One commenter asked if there is a specific standard for
electrical equipment and cables in a hold containing coal, to ensure
that they are suitable for use in a potentially explosive atmosphere.
Proposed Sec. 148.240(g) specifies that the electrical equipment,
and by implication its associated fittings, must comply with 46 CFR
111.105, which applies to installation of electrical equipment in
hazardous locations.
r. One comment noted that the meaning of the expression ``may not
be de-energized'' was not clear, and asked whether this statement was
prohibitive or permissive.
According to Federal Register drafting conventions, the term ``may
not'' or ``No person may'' always implies a prohibition. However, we
have rephrased this paragraph for clarity.
s. Two comments recommended that electrical equipment in adjacent
spaces be allowed to meet then-current Coast Guard requirements as long
as these spaces are periodically monitored for the presence of
explosive gas.
Under 46 CFR 111.105-35, existing electrical equipment in cargo
holds containing coal must now be suitable for use in an explosive gas
atmosphere. In adjacent spaces, electrical equipment may be suitable
for use in nonhazardous atmospheres provided such equipment is de-
energized if the concentration of flammable gas in the space reaches a
dangerous level. Because this proposed rule introduces no new
requirements, there is no need to ``grandfather'' existing
installations.
t. One comment questioned the exception from gas emission
monitoring for voyages of 72 hours or less, noting that all research
data indicates that methane has the potential to leak from coal
immediately and that occurrences of this sort have resulted in several
accidents.
This exception was included in the 1994 NPRM to account for vessels
[[Page 34582]]
operating on the Great Lakes. The Coast Guard recognized the merit of
the comment and removed the exception from this proposed rule.
u. One comment assumed that opening a ``booby hatch'' or vent pipe
would not be construed as ``opening the cargo hatches or entering the
cargo hold.''
The comment's assumption is correct.
v. Three comments noted that it had been the Chemical
Transportation Advisory Committee (CTAC) Subcommittee's intent to
exempt unmanned barges from all requirements to test the atmosphere
above the coal.
The Coast Guard has proposed to exempt unmanned barges that are
carrying any PDM, including coal, from the applicability of this part
unless the barges are on an international voyage.
w. Two comments noted that, for coal, the procedure in this section
for taking pre-loading temperature readings would not always be
effective in determining the true status of the stockpile or cargo.
Additionally, they questioned the absence of a provision for continuous
electronic (infrared) temperature monitoring, a procedure that is
available at some export terminals and that has been proven effective
and reliable.
We removed the pre-loading temperature limitations for coal. As a
means of monitoring the temperature increase for self-heating coal in
the cargo hold of a vessel, we believe the procedure outlined in Sec.
148.240(e) is satisfactory. The Coast Guard does not discount
continuous electronic (infrared) temperature monitoring but has not had
an opportunity to assess its equivalence to the method specified.
Anyone wishing to use continuous electronic monitoring may request
authorization under Sec. 148.5.
21. Section 148.245.
a. Two comments noted that the procedures for loading DRI and metal
sulfide concentrates in rain or snow were not addressed. They proposed
that the rule include detailed procedures for monitoring rainfall and
calculating the resulting moisture content, and provisions for
communicating this information with the vessel master and terminal.
The Code of Federal Regulations (CFR) cannot serve as a detailed
instruction manual for safe handling and loading of cargoes. It is the
shipper's responsibility to provide DRI to the master of the vessel in
an acceptable condition. Section 148.245.3(c) prohibits acceptance for
transport of DRI or cold-molded briquettes that are wet or are known to
have been wetted. How this condition is achieved and maintained is left
to the shipper's good judgment.
b. One commenter felt that Sec. 148.250(d), which prohibits the
loading of DRI hot-molded briquettes during periods of rain or snow,
was overstated.
We do not agree with this comment. This prohibition is a
precautionary measure for keeping cargoes as dry as practicable. When
DRI hot-molded briquettes are exposed to water, they react, releasing
hydrogen that initiates self-heating of the cargo. As seen in several
incidents over the past years, this self-heating can ultimately lead to
auto ignition of the cargo, causing a fire or an explosion within the
hold and endangering the life of the crew.
c. One comment requested a definition of ``short international
voyage.''
After further review, we have removed this terminology from the
proposed rule.
d. Another comment stated that while this section offers protection
to radar and RDF scanners on board the vessel transporting DRI, it
fails to offer any protection to the crew, adjacent property owners,
etc., from the same dust which would damage the radar.
The Coast Guard's statutory mandate is to protect life and property
at sea and to assure preservation of the marine environment. A ship's
navigation systems are vital to such protection. Under this rulemaking
and OSHA regulations, crewmembers and other persons engaged in cargo
handling operations must wear protective clothing and respiratory
devices when handling dusty cargoes. The protection of adjacent
property and persons not employed by the terminal or the carrier is
under the purview of EPA air pollution regulations or local statutes
and is beyond the scope of this project. If cargo is appropriately
loaded and shipped, the amount of dust released into the environment
should be minimal.
22. Section 148.265(g). One comment felt that the requirement to
take and record the temperature of fish meal or fish scrap three times
a day during a voyage was particularly onerous for unmanned barges.
We agree that taking the temperature three times a day is
impractical on an unmanned barge, especially when that barge is part of
a multi-barge tow. The proposed rule excludes unmanned barges from the
temperature-measurement requirement.
23. Section 148.270. One comment found Sec. 148.270(d) misleading
and thought that it might exceed Coast Guard authority.
What specifically was ``misleading'' was not stated. However, this
provision does not exceed Coast Guard authority. It merely directs
those persons responsible for loading or unloading a vessel to take all
reasonable precautions to prevent dispersal of a hazardous substance
into the environment, and to report any spill to the National Response
Center in accordance with EPA regulations. In the proposed rule, the
final sentence has been revised to refer to the ``garbage'' disposal
requirements of 33 CFR part 151.
24. Section 148.285.
a. One comment asked the Coast Guard to advise on the format or
type of document to be used for notifications to the master of the
vessel.
We do not intend to impose a format for communications between
shipper and carrier. Documentation should be in a form acceptable to
both parties. The language of notification to the master has been
removed from this section because that information is already contained
in the proposed Sec. 148.60.
b. One comment stated that if the sampling of metal sulfide
concentrates is not conducted correctly, and, in fact, is not
representative of the entire consignment at the time of shipment, then
the test procedures may show the cargo safe to transport when this is
not the case.
The statement is correct. We expect the information a shipper
provides to the master to be both accurate and detailed.
25. Section 148.295. One comment noted that the 1994 NPRM Sec.
148.295 made no mention of the self-heating or spontaneous ignition
characteristic of petroleum coke, despite a reference to it in the
hazardous or potentially dangerous characteristic column of Table
148.10, footnote 10, found in Sec. 148.11.
This comment is correct. Text has been added to 148.295(g)
regarding spontaneous heating of this cargo and the necessity of
temperature monitoring during transport.
26. Section 148.310.
a. One comment suggested removing seed cake identification numbers
UN 1386 and UN 2217 from the rule.
We have not accepted this suggestion. The United Nations Committee
of Experts and the IMO recognize seed cake as a material that may self-
heat and, if containing an excessive amount of oil, may be
spontaneously combustible. Further, when transported in packages, this
commodity is regulated as a hazardous material of Class 4.2 in all
modes under PHMSA regulations at 49 CFR Chapter I, Subchapter C.
[[Page 34583]]
b. One comment recommended that the Coast Guard amend the rule to
be consistent with long-established industry standards for seed cake.
Two comments proposed that the exemption from Special Permit
requirements not be limited to solvent-extracted rapeseed meal,
pellets, and soya bean meal, but should be extended to other types of
seed cake if they meet the prescribed oil and moisture content levels.
A fourth comment requested that the total oil and moisture requirement
for cottonseed meal be raised to a maximum of 6 percent.
The criteria for seed cake, UN 1386, are based on the established
criteria for classification of hazardous materials as contained in
Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and the
United Nations Recommendations on the Transport of Dangerous Goods.
Exemptions that were granted to rapeseed meal, pellets, and soya bean
meal were based on testing conducted on a world-wide basis that showed
these specific products, with varying moisture content, did not qualify
as hazardous materials. The oil and moisture requirement for cottonseed
meal could possibly be amended if tests are conducted using approved
methods and the results show that it is not dangerous. If the seed cake
industry wishes to have certain materials deregulated when transported
in bulk, they may petition the Coast Guard following the process in 33
CFR 1.05-20.
27. Section 148.325.
a. Two comments requested that sawdust and wood chips not be
included in these regulations.
Sawdust and wood chips, which are classed as PDM, would not be
regulated when transported domestically in unmanned barges. However,
the regulations would continue to apply to sawdust and wood chips
transported by cargo vessel in international commerce.
b. One comment requested that the Coast Guard clarify that having
hatch covers completely open when loading wood chips would negate the
need for self-contained breathing apparatus (SCBA).
No change to the rule is necessary. Under this rule, SCBA is
required for entry into confined spaces containing sawdust or wood
chips unless the atmosphere in the space has been tested and determined
to contain sufficient oxygen to support life. In an emergency when
testing is not possible, entry into an unventilated space is permitted
only when wearing SCBA. Loading operations are not an emergency. If the
cargo hold to be loaded with wood chips has been opened and ventilated,
and has been determined to be safe for human occupancy, there is no
reason for a worker engaged in loading operations to have to wear SCBA.
28. Section 148.15. Another comment proposed that the Coast Guard
establish a fee schedule to issue special permits.
The Coast Guard does not charge a fee for special permits and does
not plan to do so.
29. Section 148.405. One comment recommended that the Coast Guard
recognize hot work practices for individual companies; specifically,
approval of hot work by the Chief Engineer.
No change to the rule is needed. Hot work may be authorized by the
vessel's master, which by definition includes ``an authorized
representative of the master.'' A ship's officer, such as the Chief
Engineer, would fall under this definition of master as proposed in
Sec. 148.3.
30. Section 148.407. Three comments stated that it would be
impractical and unnecessary to prohibit smoking anywhere on a vessel at
any time.
We agree with the comments. In this proposed rule, smoking is
prohibited on the weather deck of the vessel during loading and
unloading. At all times while cargo is on board, smoking is prohibited
in adjacent spaces and in the vicinity of hatch covers, ventilator
outlets, and other accesses to the hold containing the cargo.
31. Section 148.410. Two comments questioned the need for a shore-
supplied fire main and also the need for fresh water. The ship's
supply, they stated, is more reliable, particularly in cold weather.
We agree that the requirement proposed in 1994 exceeds both the
IMSBC Code and recommended industry practice. We have removed from this
proposed rule the requirement for fresh water from a shore source.
32. Section 148.415.
a. One comment noted that there are no requirements for the gas and
oxygen analyzers to be calibrated at specified intervals.
In this proposed rule, we have added a provision to Sec. Sec.
148.415 and 148.85 specifying that the gas analyzing equipment must be
calibrated in accordance with the manufacturer's instructions.
b. One comment stated that there was no sustainable justification
for exempting unmanned barges from these requirements.
We disagree and believe there is ample reason to exclude unmanned
barges from the requirement to have flammable gas analyzers on board.
First, the proposed rule does not apply to barges carrying PDM, except
when the barges are on an international voyage. In domestic
transportation, these materials are normally carried in open hopper
barges, in which gases emitted by the material would be unlikely to
reach flammable concentrations. Second, for barges carrying cargoes
other than PDM, it would be impractical and expensive to require a gas
analyzer and tubes on each barge. An unmanned barge is not likely to
have a safe and secure place to stow such delicate and sensitive
devices. Finally, there is no reason for the crew of a towing vessel to
enter the cargo space of a barge while underway. Apart from the
potential danger to personnel working on the deck of a barge in a
typical multi-barge tow, it would be difficult, if not impossible, to
remove the hatch covers to gain access for entry.
33. Section 148.430. One comment agreed with Sec. 148.430 as
proposed in the 1994 NPRM, but noted that, in some cases, it may mean
providing some additional SCBA units.
In this proposed rule, we have removed Sec. 148.430 and
incorporated its provisions into Sec. 148.85. The substance of the
observation is correct: At least two SCBA units are required under
proposed Sec. 148.85 and vessels may carry more if they deem it is
necessary.
34. Section 148.450. One comment objected to the inclusion of coal
as a cargo subject to liquefaction, because liquefaction as a practical
occurrence cannot occur with coal.
This issue was addressed earlier under a comment on the entry for
coal in Table 148.10. Liquefaction can occur in a cargo of coal
consisting of fine-grained particles. In this proposed rule, this
section has been revised to specify the maximum particle size of coal
to which the section applies.
C. Changes Between the 1994 NPRM and This NPRM, Not Prompted by
Specific Comments
1. Section 148.3. We added the definition of ``threshold limit
value'' (TLV), and based the definition on that used by the American
Conference of Governmental Industrial Hygienists (ACGIH).
2. Section 148.10. To conform to recent amendments to the IMSBC
Code, we changed the material description ``aluminum processing
byproducts'' to ``aluminum smelting byproducts or aluminum remelting
byproducts.'' For the same reason, we added to Table 148.10 the
following language under ``Characteristics'' at the entry for
silicomanganese: ``With known hazard profile or known to evolve gases.
With silicon content of 25 percent or more.''
[[Page 34584]]
Additionally, we added entries for peat moss and ferrous sulfate to
Table 148.10 to conform to recent addition to the IMSBC Code.
3. Section 148.15. We propose to set the maximum term of validity
for Coast Guard special permits to 4 years. This would reduce the
paperwork burden for applicants for Coast Guard special permits, and
would reduce the Coast Guard's administrative burden.
4. Section 148.145. Paragraphs (b) and (c) of this section, as they
appeared in the 1994 NPRM, were not stowage or segregation
requirements, which this section addresses. We have transferred these
provisions to Sec. 148.300.
5. Section 148.240. To reflect a recent decision by the IMO, we
revised paragraphs (e), (h), (i), and (j) to permit the monitoring of
carbon monoxide emissions as an alternative means of determining rising
temperature in a cargo of self-heating coal. Also, we lowered the gas
emission threshold at which corrective action must be initiated from 30
percent to 20 percent.
6. Section 148.242. This new section contains special carriage and
handling requirements for copra, based on the provisions of the IMSBC
Code.
7. Section 148.265. Coast Guard Special Permit 14-95 authorizes
treating fishmeal with a tocopherol (vitamin E) based liquid
antioxidant in lieu of the antioxidants specified in the former
regulations. Paragraphs (c) and (e) of this section have been revised
to include this practice.
8. Section 148.290. This new section contains special carriage and
handling provisions for peat moss, based on the provisions of the IMSBC
Code.
9. Section 148.300. On September 28, 1995, the U.S. Department of
Transportation Research and Special Programs Administration (now PHMSA)
published a rulemaking in Docket HM-169A that made their regulations at
Title 49 of the CFR governing the transport of radioactive materials
compatible with the regulations of the International Atomic Energy
Agency (IAEA). Because 49 CFR 173.403 now contains a definition of
``Surface Contaminated Object'' (SCO-I), this definition need not
appear in Coast Guard regulations. Consequently, the term ``Surface
Contaminated Object'' is defined in Sec. 148.300 by reference to 49
CFR 173.403.
V. Discussion of Proposed Rule
The proposed rule would expand the list of materials that may be
transported in bulk without applying for a special permit and would
detail the special handling requirements. The new list aligns the CFR
with mandatory international code, including requirements in Chapter VI
and Chapter VII of SOLAS. The proposed rule includes materials already
listed in the IMSBC Code and adds materials that have a safe transport
history under existing Coast Guard special permits. The proposed rule
also eliminates applications and renewals for most special permits now
required when carrying materials regulated under this part.
This rulemaking would add 21 new materials to 46 CFR part 148. Some
of these materials are covered by the IMSBC Code, some are covered by
the HMR (49 CFR chapter I, subchapter C), and some are currently
subject to Coast Guard special permits.
A. Proposed Changes to Part 97
This proposed rule would add a definition of ``bulk solid cargo''
and revise Subpart 97.12 to clarify that the subpart applies to bulk
solid cargoes in general, rather than only to ores and ore
concentrates. The new proposed rule also clarifies that this section
does not apply to grain, as was the original intent of this part,
although this was not specified. Further, existing Sec. 97.12-5, which
has not been revised since 1965, references a manual that was the
predecessor of the IMSBC Code and is no longer in print. The proposed
rule eliminates that reference and refers the reader to Part 148 as a
source of information for complying with the requirement to provide
guidance on safe loading and stowage to the master.
We have also added new proposed Sec. 97.12-5 on liquefaction in
order to bring forward the requirements contained in Sec. 148.450 and
apply them to all cargoes that are prone to liquefaction. We also
propose to modify Sec. 97.55-1 to apply to any bulk solid cargo to
which Sec. 148.435 applies.
In the proposed rule we have updated the authority citation for
Part 97 to include 46 U.S.C. 5111 regarding the provision of loading
information to the master or individual in charge of the vessel.
B. Proposed Changes to Part 148
We propose to revise the title of 46 CFR part 148 to read
``Carriage of Bulk Solid Materials that Require Special Handling.'' We
propose to update the authority citation for Part 148 to include 33
U.S.C. 1602 and Executive Order 12234 regarding international
regulations, as well as 46 U.S.C. 3306 and 5111 regarding regulation of
inspected vessels and provision of loading information to the master or
individual in charge of the vessel.
We propose to divide Part 148 into six subparts. Within those
subparts, the proposed rule reorganizes and renumbers existing sections
and adds new sections. We discuss these changes in detail below.
1. Proposed Subpart A--General
The first 12 sections of the revised Part 148 would include general
information applicable to the entire Part. We propose to revise the
applicability section (formerly Sec. 148.01-1, now proposed Sec.
148.1) to align with the IMSBC Code. Specifically, this change would
apply Part 148 to all foreign-flag and U.S.-flag vessels operating in
U.S. waters. The proposed regulations would also apply to all classes
of vessels that transport bulk solid cargoes, including unmanned barges
and barge-carrying vessels. The regulations would not apply to unmanned
barges when carrying cargoes classed as PDM in domestic transportation.
We propose to add a new ``responsibility and compliance'' section
at Sec. 148.2, making the vessel master, person in charge of a barge,
owner, operator, charterer, or agent responsible for compliance with
this part.
We propose to add a new ``definitions'' section at Sec. 148.3.
This section would contain definitions that currently are located
throughout Part 148, as well as new definitions that were included for
clarity and consistency with the IMSBC Code, including ``away from,''
``Bulk Cargo Shipping Name,'' ``compartment,'' ``confined space,''
``domestic voyage,'' and ``hazard class.'' We also propose to revise
the definition of ``bulk'' for clarity and consistency with the IMSBC
Code.
We propose to add a new ``alternative procedures'' section at Sec.
148.5 that outlines the procedures for requesting permission to use
alternative procedures, including exemptions to the IMSBC Code, in
place of any requirement of this part. We propose to revise the section
on permitted cargoes (formerly Sec. 148.01-7, now proposed Sec.
148.10 and Table 148.10) to improve usability and add additional bulk
solid cargoes that appear in the IMSBC Code or are authorized under a
Coast Guard special permit. In revising the table, the Coast Guard
proposes to add 4 additional columns describing: the identification
number; a reference to the preferred BCSN, if needed; cargo
characteristics; and the applicable CFR sections containing detailed
special requirements for transporting that material. These revisions
would make it easier to determine the exact
[[Page 34585]]
requirements for carriage of each approved material.
In Table 148.10, the entry for ``aluminum dross, class PDM'' would
read ``aluminum processing byproducts or aluminum re-melting
byproducts, UN 3170, Class 4.3,'' and the entry for ``zinc ashes,
dross, residues and skimmings'' would read ``zinc ashes, UN 1435, Class
4.3.'' These changes reflect reclassification of the materials by the
United Nations Committee of Experts on the Transport of Dangerous
Goods. In addition, the revised table would add the following to the
list of permitted cargoes, to maintain consistency with the IMSBC Code
and current Coast Guard special permits: aluminum ferrosilicon powder;
aluminum silicon powder, uncoated, brown coal briquettes; castor beans;
coal; DRI (A); DRI (B); environmentally hazardous substances, solid,
n.o.s.; ferrous sulfate, fluorospar; iron oxide, spent, or iron sponge,
spent; linted cotton seed; magnesia, unslaked; metal sulfide
concentrates; peat moss with moisture content of more than 65 percent
by weight; pitch prill; pyrites, calcined; seed cake; silicomanganese
with silicon content of 25 percent or more; vanadium ore; and wood
chips, wood pellets, and wood pulp pellets.
We further propose to add a new section on hazardous or potentially
dangerous characteristics at Sec. 148.11. This section would
incorporate information currently contained in column 3 of the table of
permitted cargoes. The new section would set forth the meaning of the
``hazardous or potentially dangerous characteristics'' codes given in
the revised Table 148.10. This includes code 27, a reference to the
Certain Dangerous Cargoes (CDC) regulations found in 33 CFR 160.204,
that apply to ammonium nitrate.
Finally, we propose to renumber the existing Sec. 148.01-13,
``Assignment and certification,'' as Sec. 148.12.
2. Proposed Subpart B--Special Permits
As proposed, Subpart B would set the guidelines for petitions and
use of special permits. The proposed revisions to Subpart A should
greatly reduce the need for special permits. However, in the event a
person wishes to ship a bulk solid material not listed in Table 148.10,
the proposed Subpart B allows that person to petition for authorization
from the Coast Guard. The revised process for requesting a special
permit remains substantively similar to the existing process, but
places more responsibility on the shipper to determine the appropriate
conditions of carriage. The proposed Subpart B also clarifies who must
apply for a special permit, what information is required to obtain a
special permit, what activities are covered by a special permit, how
long a special permit remains valid, and how to obtain copies of
special permits. These proposed sections are more detailed than the
current regulations, and are designed to resolve recurring
misunderstandings concerning the applicability of the special permit.
In addition, requiring applicants to submit more detailed information
about the material carried would greatly decrease the amount of
research time needed by the Coast Guard when processing requests for
special permits.
Included within the proposed Subpart B is a revision of existing
Sec. 148.01-11 designed to simplify the standard conditions contained
in special permits, and to renumber it as Sec. Sec. 148.15 through
148.30. In addition, the Coast Guard proposes to remove the current
Sec. 148.01-11(b)(1) because it describes requirements imposed by
special permits.
3. Proposed Subpart C--Minimum Transportation Requirements
As proposed, Subpart C would outline minimum transportation
requirements for cargoes subject to this chapter, including temperature
readings, shipping paper requirements, emergency response information,
DCMs, preparation and supervision of cargo transfers, confined space
entry and equipment, preparations for loading, procedures after
unloading, log book entries, and incident reports.
The Coast Guard proposes to clarify the proper conduct of
temperature readings (formerly Sec. 148.03-7, now proposed Sec.
148.51), and to require log book entries (proposed Sec. 148.90) to
record each temperature measurement and each required test for toxic or
flammable gases.
The Coast Guard also proposes to revise shipping paper requirements
(formerly Sec. 148.02-1, now Sec. 148.60) to align with the IMSBC
Code while requiring the shipping papers be provided in English. With
regard to emergency response information, the Coast Guard proposes new
Sec. 148.61 requiring that the shipper of a material listed in Table
148.10 provide the master or his representative with appropriate
emergency response information, including preliminary first aid
measures and emergency procedures to be carried out in the event of an
incident or fire involving the cargo. Provision of an MSDS would
satisfy this requirement.
With regard to DCMs (formerly Sec. 148.02-3, now proposed
Sec. Sec. 148.70 through 148.72), the Coast Guard proposes to revise
the requirements for carriage and contents of the DCM. As proposed, the
DCM requirements would not apply to unmanned barges not on
international voyages.
With regard to confined space entry and equipment, the Coast Guard
proposes new Sec. 148.85, which would require that vessels, with the
exception of unmanned barges, that carry a material listed in Table
148.10 also carry equipment capable of measuring atmospheric oxygen and
at least two approved SCBA that each have at least a 30-minute air
supply. Proposed Sec. 148.86 would prohibit entry into a confined
space unless the space has been tested to ensure there is sufficient
oxygen to support life; in case of emergency, a person may enter a
confined space without testing it if that person is wearing a SCBA,
suitable protective clothing as necessary, and a wire rope safety line
tended by a trained person outside the space, and if the entry is
supervised by a responsible person.
With regard to procedures to be followed after unloading, the Coast
Guard proposes to renumber existing Sec. 148.03-13 as Sec. 148.110
and revise it to require retention and proper disposal of cargo-
associated wastes, cargo residue, and deck sweepings when in U.S.
territorial seas or inland waters.
In addition, the Coast Guard proposes to add new Sec. 148.55
``International Shipments,'' which would enable the use of the IMSBC
Code as an alternate method of compliance with Part 148, as long as the
bulk solid material being transported is subject to the requirements of
the IMSBC Code. However, transport of zinc ashes must comply with Part
148 because zinc ashes pose environmental hazards that would not
otherwise be addressed. In addition, the proposed Sec. 148.55 would
include new paragraphs (b)(3) and (b)(4) to require Coast Guard
approval of any exemption granted by another government before reliance
on that exemption for compliance with Part 148. Finally, Sec. 148.55
would make the person importing a bulk solid responsible for ensuring
the foreign shipper is aware of U.S. requirements.
4. Proposed Subpart D--Stowage and Segregation
Proposed Subpart D would set stowage and segregation requirements
for cargoes. These proposed requirements are in addition to the minimum
requirements for all materials and the general requirements for their
respective hazard classes contained in Subpart A. The Coast Guard
proposes to require segregation of cargoes from
[[Page 34586]]
incompatible materials as shown in new Tables 148.120A and B. These
tables present the requirements for, respectively, segregating
incompatible bulk solid cargoes, and segregating bulk solid cargoes
from incompatible packaged cargoes. The segregation requirements set
out in Tables 148.120A and B are based on a rational approach
established by the IMO, and are identical to the IMSBC Code. The Coast
Guard proposes additional stowage and segregation requirements,
detailed by class, in the remainder of Subpart D.
5. Proposed Subpart E--Special Requirements for Certain Materials
Proposed Subpart E would set forth special requirements for certain
hazardous materials, including ammonium nitrate, DRI, seed cake, and
zinc ashes. For clarity, the requirements are presented in tabular form
at new proposed Table 148.155. Many of the requirements are drawn from
the IMSBC Code, or are required already under applicable special
permits. The addition of Table 148.155 will reduce the number of
special permits issued and harmonize these regulations with the IMSBC
Code.
In addition to listing special requirements for certain hazardous
materials, this subpart proposes requirements for bulk shipment of
hazardous substances as defined by PHMSA regulations at 49 CFR 171.8,
which in turn are based on Environmental Protection Agency (EPA)
regulations implementing the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA). The EPA classifies materials
as hazardous substances based on the material's potential to endanger
public health or welfare, or the environment, if the material is
accidentally released. Materials classified as hazardous substances
under 49 CFR 172.101, Table 1 to Appendix A, previously were carried
only pursuant to special permits on a case-by-case basis. 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.
Within Subpart E, the Coast Guard proposes to revise current Sec.
148.04-13 so that a vessel may not leave port unless the Captain of the
Port (COTP) is satisfied that the temperature of ferrous metal is
within the limits set by the applicable provisions of this section. The
current regulation merely specifies that the COTP must be notified if
the temperature exceeds those limits.
In the specific context of petroleum coke, the Coast Guard proposes
to combine two existing sections (Sec. Sec. 148.04-15 and 148.04-17)
into one section at Sec. 148.295. The proposed requirements at new
Sec. 148.295 align with the IMSBC Code and already are required under
applicable special permits.
With regard to radioactive materials, the Coast Guard proposes to
revise the current Sec. 148.04-1 as Sec. 148.300 and align it with
the IMSBC Code, which has re-defined low specific activity (LSA)
radioactive materials and added a new entry for SCO-I. As a result, the
proposed regulations would apply to surface contaminated objects.
In the specific context of seed cake, we have proposed to exempt
from this regulation citrus pulp pellets containing not more than 2.5
percent oil and a maximum of 14 percent oil and moisture combined. Our
decision was based on extensive testing at various moisture and oil
levels from several countries currently transporting the product. It
was found that within these limits, the product should not be
considered a hazardous material.
Although the Coast Guard intends to harmonize U.S. regulations with
the IMSBC Code, the proposed Sec. 148.330, which applies to zinc
ashes, zinc dross, zinc residues, and zinc skimmings in bulk, would
differ significantly from the IMSBC Code. As proposed, Sec. 148.330
requires COTP notification in advance of any cargo transfer operations
involving these cargoes. The provisions of this section are based on
two Coast Guard special permits, SP 8-83 and SP 4-84, which we
developed as the result of incidents involving fires or explosions in
cargoes of zinc skimmings, including at least one with loss of life.
The intent of this section would be to reduce the possibility of
generating hydrogen gas through the reaction of seawater and zinc.
Therefore, the aging, storage, and temperature requirements in this
proposed section exceed those in the IMSBC Code. Both the IMSBC Code
and the proposed regulations require mechanical ventilation, explosion-
proof fans, and installed thermocouples for temperature gauging in the
cargo hold.
6. Proposed Subpart F--Additional Special Requirements
Proposed column 7 of Table 148.10, ``Special Requirements,'' refers
readers to other sections containing additional requirements. Many of
those sections are contained in proposed Subpart F, which would set
forth requirements for safety equipment and procedures when handling
certain cargoes. The types of special requirements that may apply to
certain cargoes include: prohibition on sources of ignition including,
in some cases, smoking or electrical circuits; a requirement that fire
hoses be available at each hatch through which a covered material is
being loaded; requirements for toxic gas and flammable gas analyzers
and testing; stowage precautions; and special precautions for cargoes
subject to liquefaction.
With regard to cargoes subject to liquefaction, the Coast Guard's
proposed rule results from specific experience. On April 11, 1991, off
the California coast, a foreign-flag vessel that had loaded a bulk
solid material in a U.S. port developed a severe list when the cargo
shifted. Fortunately, this vessel was able to return to port and off-
load. The Coast Guard investigation determined that the cargo shifted
because its moisture content exceeded the safe Transportable Moisture
Limit (TML). This condition caused the material to behave like a
liquid. Because of this marine casualty and others of a similar nature,
the Coast Guard proposes to add new Sec. 148.450 to prescribe
requirements for transporting bulk solids that are subject to
liquefaction. These proposed rules are adapted from the IMSBC Code and
only apply to calcined pyrites, fluorospar, fine particle coal, metal
sulfide concentrates, and peat moss, as indicated in Table 148.10, and
to other cargoes that exhibit the potential for liquefaction as
indicated by information provided to the master in accordance with
97.12-3. The proposed rules would not apply to shipments by unmanned
barges or cargoes of coal that have an average particle size of 10 mm
(0.394 in) or greater. The moisture content and TML may be determined
using test procedures in Appendix 2 of the IMSBC Code.
C. Distribution Table for Part 148
The Coast Guard proposes to replace existing Part 148 with a
completely revised and renumbered Part 148. The following distribution
table shows which sections of the proposed rule address the substance
of each existing section.
------------------------------------------------------------------------
Former section Replaced by section:
------------------------------------------------------------------------
148.01-1................................ 1 148.1, .2, .3.
148.01-7................................ 148.10.
148.01-9................................ 148.15, .20, .21.
148.01-11............................... 148.25, .26.
148.01-13............................... 148.12.
148.01-15............................... 148.9.
148.02-1................................ 148.60, .61, .62.
148.02-3................................ 148.70, .71, .72.
148.02-5................................ 148.115.
148.03-1................................ 148.50.
148.03-5................................ 148.80.
[[Page 34587]]
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.
------------------------------------------------------------------------
VI. Incorporation by Reference
Material proposed for incorporation by reference appears in Sec.
148.8 of the proposed rule. You may inspect this material at U.S. Coast
Guard Headquarters where indicated under ADDRESSES. Copies of the
material are available from the sources listed in Sec. 148.8.
Before publishing a binding rule, we will submit this material to
the Director of the Federal Register for approval of the incorporation
by reference.
VII. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analysis based on 13 of these statutes or executive orders.
A. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget (OMB) has not reviewed it under that Order.
A combined ``Preliminary Regulatory Assessment and Initial
Regulatory Flexibility Analysis'' report discussing the impact of this
proposed rule is available in the docket where indicated under
ADDRESSES. A summary of the report follows:
The Coast Guard proposes to harmonize its regulations with recent
IMO amendments to Chapter VI and Chapter VII of SOLAS that make the
IMSBC Code mandatory for operations involving handling and carriage of
solid bulk cargoes by vessel. The amendments require that all vessels
subject to SOLAS that carry bulk solid cargoes other than grain to
comply with the IMSBC Code. This proposed rule also would amend the
Coast Guard regulations governing the carriage of solid hazardous
materials in bulk to allow use of the IMSBC as an equivalent form of
compliance. Proposed changes to the Coast Guard regulations would also
expand the list of solid hazardous materials authorized for bulk
transportation by vessel and include special handling procedures based
on the IMSBC Code and existing special permits. These proposed changes
would reduce the need for the current special permits required for the
carriage of certain solid hazardous materials in bulk and result in a
cost savings to industry.
The IMSBC Code facilitates safe stowage and shipment of solid bulk
cargoes. It provides information on the dangers associated with
shipping certain types of solid bulk cargoes and instructions on
procedures for handling said cargoes. The IMSBC Code will be mandatory
under the amendments to the SOLAS Convention as of January 1, 2011.
Affected Population
Based on information from the Coast Guard's Marine Information for
Safety and Law Enforcement (MISLE) data system, we estimate the
proposed rule would affect approximately 115 vessels, consisting of 75
U.S. vessels in coastwise service and 40 U.S. vessels operating under
SOLAS that ship hazardous solid cargoes in bulk.
Costs
We estimate the proposed rule would result in additional equipment,
training, and operating costs to industry. Under the provisions of this
proposed rule, each vessel would be required to have onboard non-
sparking fans, an oxygen meter, a carbon monoxide meter, a temperature
probe, two SCBA, goggles and a dust mask, and a multi-gas detector. We
estimate that industry would incur equipment costs during the
implementation period (Year 1) of $2.7 million undiscounted. We also
estimate there will be annual recurring costs due to equipment
maintenance and replacement (see the Preliminary Regulatory Analysis
report available in the docket for additional details).
The use of the equipment described above would require additional
training. We estimate industry would incur initial training costs in
the first year of $33,900 and annual recurring training costs due to
labor turnover of about $6,800 each year thereafter (estimates
undiscounted). Operating costs would consist of testing, recording
keeping, and vessel preparation. The equipment described above would be
used to periodically test the temperature and atmospheric conditions of
certain cargoes. All tests and readings must be recorded, and the date
and time of testing recorded in the vessel's log book. We estimate
industry would incur an annual recurring operating cost of $7.4 million
undiscounted.
Cost Savings
This proposed rule would also result in cost savings to certain
vessels, as preparation of permit renewals will no longer be needed. We
estimate this regulation would reduce the need for ten permit requests
per year. Based on information provided in the OMB-approved Information
Collection Request (Carriage of Bulk Solid Materials Requiring Special
Handling: 1625-0025), annual cost savings for both industry and
government are estimated at $15,390 undiscounted.
Table 1 below provides the net costs (adjusted for savings) of this
proposed rule. We estimate the undiscounted first-year cost of the
rulemaking to be about $10.1 million. Over a 10-year period, the total
present value costs of the proposed rule would be $57.2 million at a 7
percent discount rate and $69.3 million at a 3 percent discount rate.
Table 1--Total 10-Year Costs
[2009 dollars in millions]
----------------------------------------------------------------------------------------------------------------
Present value discounted costs
Year Undiscounted -------------------------------------
costs 7% 3%
----------------------------------------------------------------------------------------------------------------
1...................................................... 10.1 9.5 9.8
2...................................................... 7.5 6.5 7.0
3...................................................... 7.6 6.2 7.0
4...................................................... 7.5 5.7 6.7
5...................................................... 9.1 6.5 7.9
[[Page 34588]]
6...................................................... 7.5 5.0 6.3
7...................................................... 7.6 4.7 6.2
8...................................................... 7.5 4.4 5.9
9...................................................... 7.6 4.1 5.8
10..................................................... 9.0 4.6 6.7
--------------------------------------------------------
Total.............................................. 81.0 57.2 69.3
----------------------------------------------------------------------------------------------------------------
Note: Totals include cost savings.
Benefits
In this rulemaking, the Coast Guard anticipates that benefits would
include a reduction in the risks associated with off-gassing and self-
heating cargoes. These proposed standards are comprehensive safety
requirements that would align with international regulations (the IMSBC
Code), and are intended to increase information dissemination regarding
the safe handling of hazardous cargoes.
These safety standards would extend to all U.S.-flagged vessels
carrying hazardous bulk solid cargoes. A lack of safe handling of
hazardous cargoes, such as coal or wood, can cause combustion of
cargoes and the release of gases that could result in the loss of life,
injuries, and property damage, among others. The proposed rule would
also improve the efficiency of government by reducing the
administrative costs associated with special permit applications.
B. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
A combined ``Preliminary Regulatory Assessment and Initial
Regulatory Flexibility Analysis'' report discussing the impact of this
proposed rule on small entities is available in the docket where
indicated under the ``Public Participation and Request for Comments''
section of this preamble. A summary of this report follows:
For this proposed rule, we reviewed size and ownership data of
affected entities by using the Coast Guard's MISLE database and public
and proprietary data sources for company revenue and employee size
data. We determined that 86 entities own the 115 vessels that would be
impacted by this regulation. We found revenue and employment
information on 33 of the 86 entities. We found that all affected
entities would be businesses. Among these, eight would be considered
small entities under the Small Business Administration (SBA) standard.
We take a conservative approach by assuming vessels listed as
``unspecified'' and those with no available information are small (of
which there are 52). Therefore, we estimate that 70 percent of the
entities meet the SBA standards of a small entity.
Using the highest single year cost (Year 1) in the Total 10-Year
Costs table above, we estimate that 75 percent of the small entities
would have an annual cost impact of greater than or equal to 3 percent
of annual revenue.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that the proposed
regulation will have a significant economic impact on it, please submit
a comment to the Docket Management Facility at the address under
ADDRESSES. In your comment, explain why you think it qualifies and how
and to what degree this proposed rule will economically affect it.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rule. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact Richard Bornhorst
at the telephone number or e-mail address indicated under the FOR
FURTHER INFORMATION CONTACT section of this notice. The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.
Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
D. Collection of Information
This proposed rule would revise an existing collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). As defined in 5 CFR 1320.3(c), ``collection of information''
comprises reporting, recordkeeping, monitoring, posting, labeling, and
other similar actions. The title and description of the information
collection, a description of those who must collect the information,
and an estimate of the change in annual burden follow. The estimated
change covers the time for preparing or renewing permit requests for
hazardous solid bulk cargoes.
Under the conditions of the proposed rule, vessels and barge
companies would no longer submit special permit renewal requests to the
U.S. Coast Guard. Handling requirements related to previously permitted
cargoes would be part of 46 CFR part 148. Eliminating these permits
would reduce the burden associated with 1625-0025 by reducing the
number of respondents, responses, and burden hours associated with
permits requests.
Title: Carriage of Bulk Solid Materials Requiring Special Handling.
[[Page 34589]]
OMB Control Number: 1625-0025.
Summary of the Collection of Information: The U.S. Coast Guard
administers and enforces the law, regulations, and international
conventions for the safe transportation and stowage of hazardous
materials, including bulk solids. Consequently, the Coast Guard is
authorized to issue special permits for the handling of hazardous solid
bulk cargo as part of its missions to ensure maritime safety and
facilitate U.S. commerce. In addition to special permits, this
collection of information also authorizes the preparation and display
of shipping papers and cargo manifests. However, the proposed rule will
change only the burden estimates associated with special permits.
Need for Information: The Special Permits allow the Coast Guard to
control the conditions under which shipments of hazardous materials can
be made, while giving the shipping industry a greater amount of
flexibility than would be afforded without the Special Permit
provision. If the required information were not submitted, the Coast
Guard would be unable to issue Special Permits with adequate
precautions for shipping the cargo, and thus could not permit shipment.
Proposed Use of Information: The Coast Guard uses this information
to make a well-informed determination as to the severity of the hazard
posed by the material in question. This information allows the Coast
Guard to set specific guidelines for safe carriage or, if determined
that a material presents too great a hazard, to deny permission for
shipping the material.
Description of the Respondents: The respondents are owners and
operators of bulk carrier vessels and barges carrying hazardous solid
cargo.
Number of Respondents: The existing OMB-approved number of
respondents for this collection, including permit requests, shipping
papers, and cargo manifest, is 583. We estimate the number of
respondents will decrease by seven as the proposed rule eliminates the
need for all but one special permit. The total number of respondents
would be 576.
Number of Responses: The existing OMB-approved number of responses
is 771. The proposed rule would decrease that number by 10. The total
number of responses would be 761 per year as a result of a decrease in
special permit requests.
Frequency of Response: The proposed regulation will not alter the
frequency of response for permits that remain active. Since this
regulation does not impact shipping papers or cargo manifests,
frequency of responses for those items remain unchanged.
Burden of Response: The estimated burden for preparation of a
permit request remains at 15 hours per permit.
Estimate of Total Annual Burden: This regulation will eliminate the
need for all but one of the special permits associated with this
collection of information. Therefore, the annual burden associated with
special permits will decline from 165 hours to 15 hours. The total
burden for the collection of information, including cargo manifests and
shipping papers, decreases from 895 hours to 745 hours per year.
Reason for Change: The decrease in burden is the result of a
program change that eliminates the need for most of the special permits
in this collection of information.
As required by the Paperwork Reduction Act of 1995 (44 USC
3507(d)), we have submitted a copy of this proposed rule to the OMB for
its review of the collection of information.
We ask for public comment on the proposed collection of information
to help us determine how useful the information is; whether it can help
us perform our functions better; whether it is readily available
elsewhere; how accurate our estimate of the burden of collection is;
how valid our methods for determining burden are; how we can improve
the quality, usefulness, and clarity of the information; and how we can
minimize the burden of collection.
If you submit comments on the collection of information, submit
them both to OMB and to the Docket Management Facility where indicated
under ADDRESSES, by the date under DATES.
You need not respond to a collection of information unless it
displays a currently valid control number from OMB. Before the
requirements for this collection of information become effective, we
will publish a notice in the Federal Register of OMB's decision to
approve, modify, or disapprove the collection.
E. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt state law or impose a substantial
direct cost of compliance on them.
It is well settled that States may not regulate in categories
reserved for regulation by the Coast Guard. It is also well settled,
now, that all of the categories covered in 46 U.S.C. 3306, 3703, 7101,
and 8101 (design, construction, alteration, repair, maintenance,
operation, equipping, personnel qualification, and manning of vessels),
as well as the reporting of casualties and any other category in which
Congress intended the Coast Guard to be the sole source of a vessel's
obligations, are within the field foreclosed from regulation by the
States. (See the decision of the Supreme Court in the consolidated
cases of United States v. Locke and Intertanko v. Locke, 529 U.S. 89
(Mar. 6, 2000)).
This proposed rule includes requirements under which certain solid
materials requiring special handling may be transported in bulk by
vessel. The revised regulations apply to all domestic and foreign
vessels in the navigable waters of the United States that transport
bulk solid materials requiring special handling. 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 included in this rule are of national scope to avoid
burdensome variances. Therefore, the Coast Guard intends this rule to
preempt state action addressing the same subject matter.
Because the states may not regulate within this category,
preemption considerations set forth in Executive Order 13132 are not
applicable.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any 1 year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
G. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Government Actions and Interference with Constitutionally Protected
Property Rights.
H. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation,
[[Page 34590]]
eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
K. Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
L. Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule incorporates by reference the IMSBC Code, which
was developed by the IMO as a voluntary consensus standard. The
proposed sections that reference this voluntary consensus standard and
the locations where this standard is available are listed in the
proposed 46 CFR 148.8.
M. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. Therefore, this rule is categorically
excluded under section 2.B.2. Figure 2-1, paragraphs 34(c), (d), and
(e), of the Instruction, and neither an environmental assessment nor an
environmental impact statement is required. This rule affects crew
training, inspection and equipping of vessels, equipment approval and
carriage requirements. A preliminary ``Environmental Analysis Check
List'' supporting this determination is available in the docket where
indicated under the ``Public Participation and Request for Comments''
section of this preamble. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.
List of Subjects
46 CFR Part 97
Cargo vessels, Marine safety, Navigation (water), and Reporting and
recordkeeping requirements.
46 CFR Part 148
Cargo vessels, Hazardous materials transportation, and Marine
safety.
For the reasons discussed 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. 2103, 3306, 5111, 6101;
49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757; 3 CFR, 1991 Comp., p. 351; Department
of Homeland Security Delegation No. 0170.1.
2. Revise Subpart 97.12, consisting of Sec. Sec. 97.12-1 through
97.12-5, to read as follows:
Subpart 97.12--Bulk Solid Cargoes
Sec.
97.12-1 Definition of a bulk solid cargo.
97.12-3 Guidance for the master.
97.12-5 Bulk solid cargoes that may liquefy.
Sec. 97.12-1 Definition of a bulk solid cargo.
(a) A bulk solid cargo--
(1) Consists of particles, granules, or larger pieces of material
generally uniform in composition;
(2) Is not grain; and
(3) Is loaded directly into a vessel's cargo space with no
intermediate form of containment.
(b) Additional requirements for bulk solid materials needing
special handling are contained in Part 148 of this chapter.
Sec. 97.12-3 Guidance for the master.
(a) The owner or operator of a vessel must provide the master with
safe loading and stowage information for each bulk solid cargo that
vessel will carry.
(b) The shipper of a bulk solid cargo, as defined in Sec. 148.3 of
this chapter, must provide the master of a vessel with information
regarding the nature of the cargo in advance of loading operations.
Additional requirements in Sec. 148.60 of this chapter may also apply.
Sec. 97.12-5 Bulk solid cargoes that may liquefy.
If the information provided in Sec. 97.12-3(a) or (b) indicates
that the bulk solid cargo to be carried is prone to liquefy during
carriage, due to small particle sizes and moisture content, then the
requirements contained in Sec. 148.450 of this chapter apply.
3. Revise Sec. 97.55-1 to read as follows:
Sec. 97.55-1 Master's responsibility.
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 de-energized at the distribution panel or panel board.
He shall thereafter have periodic inspections made of the panel or
panel board as frequently as necessary to ascertain that the affected
circuits remain de-energized while this bulk cargo remains within the
vessel.
4. Revise Part 148 to read as follows:
PART 148--CARRIAGE OF BULK SOLID MATERIALS THAT REQUIRE SPECIAL
HANDLING
Sec.
Subpart A--General
148.1 Purpose and applicability.
148.2 Responsibility and compliance.
148.3 Definitions.
148.5 Alternative procedures.
148.7 OMB control numbers assigned under the Paperwork Reduction
Act.
[[Page 34591]]
148.8 Incorporation by reference.
148.9 Right of appeal.
148.10 Permitted materials.
148.11 Hazardous or potentially dangerous characteristics
148.12 Assignment and certification.
Subpart B--Special Permits
148.15 Petition for a special permit.
148.20 Deadlines for submission of petition and related requests.
148.21 Necessary information.
148.25 Activities covered by a special permit.
148.26 Standard conditions for special permits.
148.30 Records of special permits issued.
Subpart C--Minimum Transportation Requirements
148.50 Cargoes subject to this subpart.
148.51 Temperature readings.
148.55 International shipments.
148.60 Shipping papers.
148.61 Emergency response information.
148.62 Location of shipping papers and emergency response
information.
148.70 Dangerous cargo manifest; general.
148.71 Information included in the dangerous cargo manifest.
148.72 Dangerous cargo manifest; exceptions.
148.80 Supervision of cargo transfer.
148.85 Required equipment for confined spaces.
148.86 Confined space entry.
148.90 Preparations before loading.
148.100 Log book entries.
148.110 Procedures followed 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 and ammonium nitrate fertilizers.
148.220 Ammonium nitrate-phosphate fertilizers.
148.225 Calcined pyrites (pyritic ash, fly ash).
148.227 Calcium nitrate fertilizers.
148.230 Calcium oxide (lime, unslaked).
148.235 Castor beans.
148.240 Coal.
148.242 Copra.
148.245 Direct reduced iron (DRI); lumps, pellets, and cold-molded
briquettes.
148.250 Direct reduced iron (DRI); hot-molded briquettes.
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.
148.290 Peat moss.
148.295 Petroleum coke, calcined or uncalcined, at 55 [deg]C (131
[deg]F) or above.
148.300 Radioactive materials.
148.310 Seed cake.
148.315 Sulfur.
148.320 Tankage; garbage tankage; rough ammonia tankage; or tankage
fertilizer.
148.325 Wood chips; wood pellets; 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.
148.435 Electrical circuits in cargo holds.
148.445 Adjacent spaces.
148.450 Cargoes subject to liquefaction.
Authority: 33 U.S.C. 1602; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; 46 U.S.C. 3306, 5111; 49 U.S.C. 5103; Department of
Homeland Security Delegation No. 0170.1.
Subpart A--General
Sec. 148.1 Purpose and applicability.
(a) This part prescribes special handling procedures for certain
solid materials that present hazards when transported in bulk by
vessel.
(b) Except as noted in paragraph (c) of this section, this part
applies to all domestic and foreign vessels in the navigable waters of
the U.S that transport bulk solid materials requiring special handling.
(c) This part does not apply to an unmanned barge on a domestic
voyage carrying a Potentially Dangerous Material (PDM) found in Table
148.10 of this part. All barges on international voyages must follow
the requirements for PDM.
(d) The regulations in this part have preemptive impact over State
law on the same subject. The Coast Guard has determined, after
considering the factors developed by the Supreme Court in U.S. v.
Locke, 529 U.S. 89 (2000), that in directing the Secretary to regulate
the safe transportation of hazardous material and the safety of
individuals and property on board vessels subject to inspection, as
well as the provision of loading information, Congress intended to
preempt the field of safety standards for solid materials requiring
special handling when transported in bulk on vessels.
Sec. 148.2 Responsibility and compliance.
Each master of a vessel, person in charge of a barge, owner,
operator, shipper, charterer, or agent must ensure compliance with this
part. These persons are also responsible for communicating requirements
to every person performing any function covered by this part.
Sec. 148.3 Definitions.
As used in this part--
A-60 class division means a division as defined in Sec. 32.57-5 of
this chapter.
Adjacent space means any enclosed space on a vessel, such as a
cargo hold, cargo compartment, accommodation space, working space,
storeroom, passageway, or tunnel, that shares a common bulkhead or deck
with a hatch, door, scuttle, cable fitting or other penetration, with a
cargo hold or compartment containing a material listed in Table 148.10
of this part.
Away from means a horizontal separation of at least 3 meters (10
feet) projected vertically is maintained between incompatible materials
carried in the same hold or on deck.
Bulk applies to any solid material, consisting of a combination of
particles, granules, or any larger pieces of material generally uniform
in composition, that is loaded directly into the cargo spaces of a
vessel without any intermediate form of containment.
Bulk Cargo Shipping Name or BCSN identifies a bulk solid material
during transport by sea. When a cargo is listed in this Part, the BCSN
of the cargo is identified by Roman type and is listed in Column 1 of
Table 148.10 of this part. When the cargo is a hazardous material, as
defined in 49 CFR part 173, the proper shipping name of that material
is the BCSN.
Cold-molded briquettes are briquettes of direct reduced iron (DRI)
that have been molded at a temperature of under 650 [deg]C (1202
[deg]F) or that have a density of under 5.0 g/cm[sup3].
Commandant (CG-5223) means the Chief, Hazardous Materials Standards
Division of the Office of Operating and Environmental Standards, United
States Coast Guard, 2100 2nd St., SW., Stop 7126, Washington, DC 20593-
7126. CG-5223 can be contacted at 202-372-1420 or
[email protected].
[[Page 34592]]
Compartment means any space on a vessel that is enclosed by the
vessel's decks and its sides or permanent steel bulkheads.
Competent authority means a national agency responsible under its
national law for the control or regulation of a particular aspect of
the transportation of hazardous materials.
Confined space means a cargo hold containing a material listed in
Table 148.10 of this part or an adjacent space not designed for human
occupancy.
Domestic voyage means transportation between places within the
United States other than through a foreign country.
Hazard class means the category of hazard assigned to a material
under this part and 49 CFR parts 171 through 173.
Hazard Class Definitions--Hazard Classes Used in This Part Are Defined
in the Following Sections of Title 49
------------------------------------------------------------------------
Division No. (if Reference (49
Class No. any) Description CFR)
------------------------------------------------------------------------
1............ 1.1, 1.2, 1.3, Explosives......... Sec. 173.50.
1.4, 1.5, 1.6.
2............ 2.1, 2.2, 2.3..... Flammable Gas, Non- Sec. 173.115.
Flammable
Compressed Gas,
Poisonous Gas.
3............ .................. Flammable and Sec. 173.120.
Combustible Liquid.
4............ 4.1, 4.2, 4.3..... Flammable Solid, Sec. 173.124.
Spontaneously
Combustible
Material,
Dangerous When Wet
Material.
5............ 5.1............... Oxidizer........... Sec. 173.127.
5............ 5.2............... Organic Peroxide... Sec. 173.128.
6............ 6.1............... Poisonous Materials Sec. 173.132.
6............ 6.2............... Infectious Sec. 173.134.
Substance.
7............ .................. Radioactive Sec. 173.403.
Material.
8............ .................. Corrosive Material. Sec. 173.136.
9............ .................. Miscellaneous Sec. 173.140.
Hazardous Material.
------------------------------------------------------------------------
Hazardous substance is a hazardous substance as defined in 49 CFR
171.8.
Hold means a compartment below deck that is used exclusively for
the stowage of cargo.
Hot-molded briquettes are briquettes of DRI that have been molded
at a temperature of 650 [deg]C (1202 [deg]F) or higher, and that have a
density of 5.0 g/cm\3\ (312 lb/ft\3\) or greater.
IMSBC Code means the English version of the ``International
Maritime Solid Bulk Cargoes Code'' published by the International
Maritime Organization (incorporated by reference, see Sec. 148.8).
Incompatible materials means two materials whose stowage together
may result in undue hazards in the case of leakage, spillage, or other
accident.
International voyage means voyages--
(1) Between any place in the United States and any place in a
foreign country;
(2) Between places in the United States through a foreign country;
or
(3) Between places in one or more foreign countries through the
United States.
Lower flammability limit or LFL means the lowest concentration of a
material or gas that will propagate a flame. The LFL is usually
expressed as a percent by volume of a material or gas in air.
Master means the officer having command of a vessel. The functions
assigned to the master in this part may also be performed by a
representative of the master or by a person in charge of a barge.
Material safety data sheet or MSDS is as defined in 29 CFR
1910.1200.
Person in charge of a barge means an individual designated by the
owner or operator of a barge to have charge of the barge.
Potentially dangerous material or PDM means a material that does
not fall into a particular hazard class but can present a danger when
carried in bulk aboard a vessel. The dangers often result from the
material's tendency to self-heat or cause oxygen depletion. Materials
that present a potential danger due solely to their tendency to shift
in the cargo hold are not PDMs. For international shipments prepared in
accordance with the IMSBC Code (incorporated by reference, see Sec.
148.8), equivalent terminology to PDM is Material Hazardous only in
Bulk (MHB).
Readily combustible material means a material that may not be a
hazardous material but that can easily ignite and support combustion.
Examples are wood, straw, vegetable fibers, and products made from
these materials, and coal lubricants and oils. The term does not
include packaging material or dunnage.
Reportable quantity or RQ means the quantity of a hazardous
substance spilled or released that requires a report to the National
Response Center. The specific RQs for each hazardous substance are
available in 49 CFR 172.101, Appendix A.
Responsible person means a knowledgeable person who the master of a
vessel or owner or operator of a barge makes responsible for all
decisions relating to his or her specific task.
Seed cake means the residue remaining after vegetable oil has been
extracted by a solvent or mechanical process from oil-bearing seeds,
such as coconuts, cotton seed, peanuts, and linseed.
Shipper means any person by whom, or in whose name, or on whose
behalf, a contract of carriage of goods by sea has been concluded with
a carrier; or any person by whom or in whose name, or on whose behalf,
the goods are actually delivered to the carrier in relation to the
contract of carriage by sea.
Shipping paper means a shipping order, bill of lading, manifest, or
other shipping document serving a similar purpose.
Stowage factor means the volume in cubic meters of 1,000 kilograms
(0.984 long tons) of a bulk solid material.
Threshold limit value or TLV means the time-weighted average
concentration of a material that the average worker can be exposed to
over a normal eight-hour working day, day after day, without adverse
effect. This is a trademark term of the American Conference of
Governmental Industrial Hygienists (ACGIH).
Transported includes the various operations associated with cargo
transportation, such as loading, off-loading, handling, stowing,
carrying, and conveying.
Trimming means any leveling of a cargo within a cargo hold or
compartment, either partial or total.
Tripartite agreement means an agreement between the national
administrations of the port of loading, the port of discharge, and the
flag state of the vessel, on the conditions of carriage of a cargo.
[[Page 34593]]
Ventilation means exchange of air from outside to inside a cargo
space and includes the following types:
(1) Continuous ventilation means ventilation that is operating at
all times. Continuous ventilation may be either natural or mechanical;
(2) Mechanical ventilation means power-generated ventilation;
(3) Natural ventilation means ventilation that is not power-
generated; and
(4) Surface ventilation means ventilation of the space above the
cargo. Surface ventilation may be either natural or mechanical.
Vessel means a cargo ship or barge.
Sec. 148.5 Alternative procedures.
(a) The Commandant (CG-5223) may authorize the use of an
alternative procedure, including exemptions to the IMSBC Code
(incorporated by reference, see Sec. 148.8), 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--
(1) Be in writing;
(2) Name the requirement for which the alternative is requested;
and
(3) Contain a detailed explanation of--
(i) Why the requirement is impractical or unnecessary; and
(ii) How an equivalent level of safety will be maintained.
Sec. 148.7 OMB control numbers assigned under the Paperwork Reduction
Act.
The information collection requirements in this part are approved
by the Office of Management and Budget, and assigned OMB control number
1625-0025.
Sec. 148.8 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in paragraph (b) of this section, the Coast Guard must
publish notice of change in the Federal Register and the material must
be available to the public. All approved material is available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regualtions/ibr_locations.html. Also, it is available for
inspection at the U.S. Coast Guard Hazardous Materials Standards
Division (CG-5223), 2100 2nd St., SW., Stop 7126, Washington, DC 20593-
7126, and is available from the sources listed below.
(b) International Maritime Organization (IMO), 4 Albert Embankment,
London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, http://www.imo.org.
(1) International Maritime Solid Bulk Cargoes Code (IMSBC Code)
2009 English edition, incorporation by reference approved for
Sec. Sec. 148.3; 148.5; 148.15; 148.55; 148.205; 148.220; 148.240;
148.450.
(2) [Reserved]
(c) United Nations Publications, Sales Office and Bookshop, Bureau
E4, CH-1211 Geneva 10, Switzerland, (800) 253-9646, http://unp.un.org.
(1) UN Recommendations on the Transport of Dangerous Goods, Manual
of Tests and Criteria, Fifth revised edition (2009), incorporation by
reference approved for Sec. Sec. 148.205, 148.220.
(2) [Reserved]
Sec. 148.9 Right of appeal.
Any person directly affected by enforcement of this part by or on
behalf of the Coast Guard may appeal the decision or action under
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 this part. A material that is not listed in Table 148.10
of this section, but which is hazardous or a potentially dangerous
material (PDM), requires a Special Permit under Sec. 148.15 to be
transported on the navigable waters of the United States.
(b) For each listed material, Table 148.10 identifies the hazard
class and gives the BCSN or directs the user to the preferred BCSN. In
addition, the table lists specific hazardous or potentially dangerous
characteristics associated with each material and specifies or
references detailed special requirements in this part pertaining to the
stowage or transport of specific bulk solid materials. The column
descriptions for Table 148.10 are defined as follows:
(1) Column 1: Bulk Solid Material Descriptions and Bulk Cargo
Shipping Names (BCSN). Column 1 lists the bulk solid material
descriptions and the BCSNs of materials designated as hazardous or PDM.
BCSNs are limited to those shown in Roman type. Trade names and
additional descriptive text are shown in italics.
(2) Column 2: I.D. Number. Column 2 lists the identification number
assigned to each BCSN associated with a hazardous material. Those
preceded by the letters ``UN'' are associated with BCSNs considered
appropriate for international voyages as well as domestic voyages.
Those preceded by the letters ``NA'' are associated with BCSNs not
recognized for international voyages, except to and from Canada.
(3) Column 3: Hazard Class or Division. Column 3 designates the
hazard class or division, or PDM, as appropriate, corresponding to each
BCSN.
(4) Column 4: References. Column 4 refers the user to the preferred
BCSN corresponding to bulk solid material descriptions listed in Column
1.
(5) Column 5: Hazardous or Potentially Dangerous Characteristics.
Column 5 specifies codes for hazardous or potentially dangerous
characteristics applicable to specific hazardous materials or PDMs.
Refer to Sec. 148.11 for the meaning of each code.
(6) Column 6: Other Characteristics. Column 6 contains other
pertinent characteristics applicable to specific bulk solid materials
listed in Column 1.
(7) Column 7: Special Requirements. Column 7 specifies the
applicable sections of Part 148 of this chapter that contain detailed
special requirements pertaining to stowage and/or transportation of
specific bulk solid materials in this part. This column is completed in
a manner which indicates that ``Sec. 148.'' precedes the designated
numerical entry.
(c) The following requirements apply to combinations of bulk solids
carried at the same time and in the same compartment or hold:
------------------------------------------------------------------------
Combinations of bulk solid materials Requirements
------------------------------------------------------------------------
(1) Material listed in Table 148.10 Requirements specified in Table
carried with any other non-hazardous 148.10 for the listed
bulk solid material. material.
(2) Material carried under Special Requirements specified in the
Permit with any non-hazardous bulk Special Permit.
solid material.
(3) Two or more materials listed in Must apply for a Special
Table 148.10. Permit.
------------------------------------------------------------------------
[[Page 34594]]
(d) An owner, agent, master, operator, or person in charge of a
vessel or barge carrying materials listed in Table 148.10 of this
section must follow the requirements contained in 46 CFR part 4 for
providing notice and reporting of marine casualties and retaining
voyage records.
Table 148.10--Bulk Solid Hazardous Materials Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bulk solid material Hazardous or potentially Special
descriptions and bulk cargo I.D. number Hazard class or References dangerous characteristics Other requirements
shipping names division (see Sec. 148.11) characteristics (Sec. 148.***)
(1) (2).............. (3).............. (4).............. (5)........................ (6)............. (7)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aluminum Ferrosilicon Powder.. UN1395........... 4.3, 6.1......... ................. 2, 3....................... Fine powder or 135, 255,
briquettes. 405(b), 407,
415(a) & (e),
420(b), 445
Aluminum Nitrate.............. UN1438........... 5.1.............. ................. 4.......................... Colorless or 140
white crystals.
Aluminum Silicon Powder, UN1398........... 4.3.............. ................. 2, 3....................... ................ 135, 255,
Uncoated. 405(b), 407
415(a) & (e),
420(b), 445
Aluminum Smelting By-products UN3170........... 4.3.............. ................. 1, 2, 3.................... Includes 135, 405(b),
or Aluminum Re-melting aluminum dross, 420(b), 445
Byproducts. residues, spent
cathodes, spent
potliner, and
skimmings.
Ammonium Nitrate.............. UN1942........... 5.1.............. ................. 5, 27...................... ................ 140, 205,
405(a), 407,
410
Ammonium Nitrate Based UN2067........... 5.1.............. ................. 5, 27...................... ................ 140, 205,
Fertilizer. 405(a), 407,
410
Ammonium Nitrate Based UN2071........... 9................ ................. 6.......................... Nitrogen, 140, 220,
Fertilizer. Phosphate, or 405(a), 407
Potash.
Barium Nitrate................ UN1466........... 5.1, 6.1......... ................. 4, 7....................... ................ 140
Brown Coal Briquettes......... ................. PDM.............. ................. 11, 12, 14, 25............. ................ 155, 240,
405(b), 407,
415(b), 420(a),
445
Calcium fluoride.............. ................. ................. See Fluorospar...
Calcium Nitrate............... UN1454........... 5.1.............. ................. 4.......................... White crystals 140, 227
or powder.
Calcium Oxide................. ................. ................. See Lime,
Unslaked.
Castor Beans.................. UN2969........... 9................ ................. 10......................... Whole beans..... 150, 235
Charcoal...................... ................. PDM.............. ................. 1, 11, 12.................. Screenings, 155
briquettes.
Chili Saltpeter............... ................. ................. See Sodium
Nitrate.
Chilean Natural Nitrate....... ................. ................. See Sodium
Nitrate.
Coal.......................... ................. PDM.............. ................. 11, 12, 13, 14, 25......... ................ 155, 240,
405(b), 407,
415(b), 420(a)
& (c), 445, 450
Copra......................... UN1363........... 4.2.............. ................. 11, 12..................... Dry............. 130, 242
Direct reduced iron (A) with ................. PDM.............. ................. 1, 2, 12................... Hot-molded 155, 250, 420(b)
not more than 5% fines. briquettes.
Direct reduced iron (B) with ................. PDM.............. ................. 1, 2, 12................... Lumps, pellets, 155, 245,
not more than 5% fines. and cold-molded 405(b), 407,
briquettes. 420(b), 445
Environmentally Hazardous UN3077........... 9................ Hazardous 15......................... ................ 150, 270
Substances, Solid, n.o.s.. substances
listed in 40 CFR
part 302.
Ferrophosphorous.............. ................. PDM.............. ................. 2, 3....................... Including 155, 415(e),445
briquettes.
Ferrosilicon with 30-90% UN1408........... 4.3, 6.1......... ................. 2, 3....................... ................ 135, 255,
silicon. 405(b), 407,
415(a) & (e),
420(b), 445
Ferrosilicon with 25%-30% ................. PDM.............. ................. ........................... ................ 155, 255,405(b),
silicon or 90% or more 407, 415 (a) &
silicon. (e), 420(b),
445
[[Page 34595]]
Ferrous Sulfate............... ................. ................. See
Environmentally
Hazardous
Substances,
Solid, n.o.s.
Ferrous Metal Borings, UN2793........... 4.2.............. ................. 11, 12..................... ................ 130, 260
Shavings, Turnings, or
Cuttings.
Fish Meal Stabilized or Fish UN2216........... 9................ ................. 11, 12..................... Ground and 150, 265
Scrap, Stabilized. pelletized
(mixture), anti-
oxidant treated.
Fluorospar.................... ................. PDM.............. ................. 8, 24...................... ................ 155, 440(a), 450
Garbage Tankage............... ................. ................. See Tankage......
Iron Oxide, Spent or Iron UN1376........... 4.2.............. ................. 3, 11, 12, 14.............. ................ 130, 275,
Sponge, Spent. 415(c), (d) &
(f), 445
Iron Swarf.................... ................. ................. See Ferrous Metal
Borings,
Shavings,
Turnings, or
Cuttings.
Lead Nitrate.................. UN1469........... 5.1, 6.1......... ................. 4, 7, 22, 26............... ................ 140, 270
Lignite....................... ................. ................. See Brown Coal
Briquettes.
Lime, Unslaked................ ................. PDM.............. ................. 1.......................... ................ 155, 230
Linted Cotton Seed containing ................. PDM.............. ................. 11, 12..................... ................ 155
not more than 9% moisture and
not more than 20.5% oil.
Magnesia, Unslaked............ ................. PDM.............. ................. 1.......................... Lightburned 155, 280
magnesia,
calcined
magnesite.
Magnesium Nitrate............. UN1474........... 5.1.............. ................. 4.......................... ................ 140
Metal Sulfide Concentrates.... ................. PDM.............. ................. 8, 11, 12, 22, 24.......... Solid, finely 155, 285, 450
divided sulfide
concentrates of
copper, iron,
lead, nickel,
zinc, or other
metalliferous
ores.
Peat Moss with moisture ................. PDM.............. ................. 8, 12, 13, 14, 24.......... Fine to coarse 155, 290, 450
content of more than 65% by fibrous
weight. structure.
Pencil Pitch.................. ................. ................. See Pitch Prill..
Petroleum Coke calcined or ................. PDM.............. ................. 11......................... ................ 155, 295
uncalcined at 55
[deg]C (131 [deg]F).
Pitch Prill................... ................. PDM.............. ................. 14, 16..................... ................ 155
Potassium Nitrate............. UN1486........... 5.1.............. ................. 4.......................... ................ 140
Prilled Coal Tar.............. ................. ................. See Pitch Prill..
Pyrites, Calcined............. ................. PDM.............. ................. 8, 9, 24................... Fly ash......... 155, 225, 450
Pyritic ash................... ................. ................. See Pyrites,
Calcined.
Quicklime..................... ................. ................. See Lime,
Unslaked.
Radioactive Material.......... UN2912........... 7................ ................. 17......................... Low specific 145, 300
activity.
Radioactive Material.......... UN2913........... 7................ ................. 17......................... Surface 145, 300
contaminated
objects.
[[Page 34596]]
Rough Ammonia Tankage......... ................. ................. See Tankage......
Saltpeter..................... ................. ................. See Potassium
Nitrate.
Sawdust....................... ................. PDM.............. ................. 12, 18..................... ................ 155, 405(a), 407
Seed Cake..................... UN1386........... 4.2.............. ................. 12, 19..................... Mechanically 130, 310
expelled or
solvent
extractions.
Seed Cake..................... UN2217........... 4.2.............. ................. 12, 19..................... Solvent 130, 310
extractions.
Silicomanganese with silicon ................. PDM.............. ................. 2, 3, 12................... With known 155, 405(b),
content of 25% or more. hazard profile 407, 415(a) &
or known to (d), 420(b),
evolve gases. 445
Sodium Nitrate................ UN1498........... 5.1.............. ................. 4.......................... ................ 140
Sodium Nitrate and Potassium UN1499........... 5.1.............. ................. 4.......................... Mixtures 140
Nitrate Mixture. prepared as
fertilizer.
Steel Swarf................... ................. ................. See Ferrous Metal
Borings,
Shavings,
Turnings, or
Cuttings.
Sulfur........................ UN1350........... 4.1.............. ................. 14, 20..................... Lumps or coarse- 125, 315,
grained powder. 405(a), 407,
435
Sulfur........................ NA1350........... 9................ ................. 14, 20..................... Not subject to 125, 315,
the 405(a), 407,
requirements of 435
this subchapter
when formed
into specific
shapes (i.e.,
prills,
granules,
pellets,
pastiles, or
flakes).
Tankage....................... ................. PDM.............. ................. 11......................... ................ 155, 320
Tankage Fertilizer............ ................. ................. See Tankage......
Vanadium Ore.................. ................. PDM.............. ................. 21......................... ................ 155
Wood chips, Wood Pellets, Wood ................. PDM.............. ................. 12......................... ................ 155, 325
Pulp Pellets.
Zinc Ashes.................... UN1435........... 4.3.............. ................. 2, 3, 23................... Includes zinc 135, 330,
dross, 405(b), 407,
residues, and 420(b), 435,
skimmings. 445
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sec. 148.11 Hazardous or potentially dangerous characteristics.
(a) General. When Column 5 refers to a code for a hazardous
material or PDM, the meaning of that code is set forth in this section.
(b) Table of Hazardous or Potentially Dangerous Characteristics.
------------------------------------------------------------------------
Hazardous or potentially dangerous
Code characteristic
------------------------------------------------------------------------
1....................... Contact with water may cause heating.
2....................... Contact with water may cause evolution of
flammable gases, which may form explosive
mixtures with air.
3....................... Contact with water may cause evolution of
toxic gases.
4....................... If involved in a fire, will greatly intensify
the burning of combustible materials.
5....................... A major fire aboard a vessel carrying this
material may involve a risk of explosion in
the event of contamination (e.g., by a fuel
oil) or strong confinement. If heated
strongly will decompose, giving off toxic
gases that support combustion.
6....................... These mixtures may be subject to self-
sustaining decomposition if heated.
Decomposition, once initiated, may spread
throughout the remainder, producing gases
that are toxic.
7....................... Toxic if swallowed and by dust inhalation.
8....................... Harmful and irritating by dust inhalation.
9....................... Highly corrosive to steel.
10...................... Powerful allergen. Toxic by ingestion. Skin
contact or inhalation of dust may cause
severe irritation of skin, eyes, and mucous
membranes in some people.
[[Page 34597]]
11...................... May be susceptible to spontaneous heating and
ignition.
12...................... Liable to cause oxygen depletion in the cargo
space.
13...................... Liable to emit methane gas which can form
explosive mixtures with air.
14...................... Dust forms explosive mixtures with air.
15...................... May present substantial danger to the public
health or welfare or the environment when
released into the environment. Skin contact
and dust inhalation should be avoided.
16...................... Combustible. Burns with dense black smoke.
Dust may cause skin and eye irritation.
17...................... Radiation hazard from dust inhalation and
contact with mucous membranes.
18...................... Susceptible to fire from sparks and open
flames.
19...................... May self-heat slowly and, if wet or containing
an excessive proportion of unoxidized oil,
ignite spontaneously.
20...................... Fire may produce irritating or poisonous
gases.
21...................... Dust may contain toxic constituents.
22...................... Lead nitrate and lead sulfide are hazardous
substances; see code 15 of this table and
Sec. 148.270.
23...................... Hazardous substance when consisting of pieces
having a diameter less than 100 micrometers
(0.004 in.); see code 15 of this table and
Sec. 148.270.
24...................... Cargo subject to liquefaction.
25...................... Subject to liquefaction if average particle
size of cargo is less than 10mm (.394 in.).
26...................... This entry is considered a Marine Pollutant in
accordance with 49 CFR 172.101 Appendix B.
27...................... This entry is considered a certain dangerous
cargo in accordance with 33 CFR 160.204.
------------------------------------------------------------------------
Sec. 148.12 Assignment and certification.
(a) The National Cargo Bureau is authorized to assist the Coast
Guard in administering the provisions of 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 on stowage requirements applicable to
the transportation of solid materials in bulk; and
(4) Issuing certificates of loading that verify stowage of the
solid material in bulk meets requirements of this part.
(b) Certificates of loading from the National Cargo Bureau are
accepted as evidence of compliance with bulk solid transport
regulations.
Subpart B--Special Permits
Sec. 148.15 Petition for a special permit.
(a) Each shipper who wishes to ship a bulk solid material not
listed in Table 148.10 of this part must determine whether the material
meets the definition of any hazard class, or the definition of a PDM,
as those terms are defined in Sec. 148.3.
(b) If the material meets any of the definitions described in
paragraph (a), the shipper then must submit a petition in writing to
the Commandant (CG-5223) for authorization to ship any hazardous
material or PDM not listed in Table 148.10 of this part.
(c) If the Commandant (CG-5223) approves a petition for
authorization, the Commandant (CG-5223) issues the petitioner a Coast
Guard special permit. The permit allows the material to be transported
in bulk by vessel and outlines requirements for this transport.
(d) A tripartite agreement developed in conjunction with the United
States and in accordance with the IMSBC Code (incorporated by
reference, see Sec. 148.8) may be used in lieu of a special permit.
Sec. 148.20 Deadlines for submission of petition and related
requests.
(a) A petition for a special permit must be submitted at least 45
days before the requested effective date. Requests for extension or
renewal of an existing special permit must be submitted 20 days before
the date of expiration.
(b) Requests for extension or renewal must include the information
required under Sec. 148.21(a), (f), and (g).
Sec. 148.21 Necessary information.
Each petition for a special permit must contain at least the
following:
(a) A description of the material, including, if a hazardous
material--
(1) The proper shipping name from the table in 49 CFR 172.101;
(2) The hazard class and division of the material; and
(3) The identification number of the material.
(b) A material safety data sheet (MSDS) for the material or--
(1) The chemical name and any trade names or common names of the
material;
(2) The composition of the material, including the weight percent
of each constituent;
(3) Physical data, including color, odor, appearance, melting
point, and solubility;
(4) Fire and explosion data, including auto-ignition temperature,
any unusual fire or explosion hazards, and any special fire fighting
procedures;
(5) Health hazards, including any dust inhalation hazards and any
chronic health effects;
(6) The threshold limit value (TLV) of the material or its major
constituents, if available, and any relevant toxicity data;
(7) Reactivity data, including any hazardous decomposition products
and any incompatible materials; and
(8) Special protection information, including ventilation
requirements and personal protection equipment required.
(c) Other potentially dangerous characteristics of the material not
covered by paragraph (b)of this section, including--
(1) Self-heating;
(2) Depletion of oxygen in the cargo space;
(3) Dust explosion; and
(4) Liquefaction.
(d) A detailed description of the proposed transportation
operation, including--
(1) The type of vessel proposed for water movements;
(2) The expected loading and discharge ports, if known;
(3) Procedures to be used for loading and unloading the material;
(4) Precautions to be taken when handling the material; and
(5) The expected temperature of the material at the time it will be
loaded on the vessel.
(e) Test results (if required under Subpart E of this part).
(f) Previous approvals or permits.
(g) Any relevant shipping or accident experience (or any other
relevant transportation history by any mode of transport).
Sec. 148.25 Activities covered by a special permit.
(a) Each special permit covers any shipment of the permitted
material by the shipper and also covers for each shipment--
(1) Each transfer operation;
[[Page 34598]]
(2) Each vessel involved in the shipment; and
(3) Each individual involved in any cargo handling operation.
(b) Each special permit is valid for a period determined by the
Commandant (CG-5223) and specified in the special permit. The period
will not exceed 4 years and is subject to suspension or revocation
before its expiration date.
Sec. 148.26 Standard conditions for special permits.
(a) Each special permit holder must comply with all the
requirements of this part unless specifically exempted by the terms of
the special permit.
(b) Each special permit holder must provide a copy of the special
permit and the information required in Sec. 148.90 to the master or
person in charge of each vessel carrying the material.
(c) The master of a vessel transporting a special permit material
must 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.
(d) The person in charge of a barge transporting any special permit
material must 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 papers as prescribed in Sec.
148.62.
Sec. 148.30 Records of special permits issued.
A list of all special permits issued, and copies of each, are
available from the Commandant (CG-5223).
Subpart C--Minimum Transportation Requirements
Sec. 148.50 Cargoes subject to this subpart.
The regulations in this subpart apply to each bulk shipment of--
(a) A material listed in Table 148.10 of this part; and
(b) Any solid material shipped under the terms of a Coast Guard
special permit.
Sec. 148.51 Temperature readings.
When Subpart D of this part sets a temperature limit for loading or
transporting a material, apply the following rules:
(a) The temperature of the material must be measured 20 to 36
centimeters (8 to 14 inches) below the surface at 3 meter (10 foot)
intervals over the length and width of the stockpile or cargo hold.
(b) The temperature must be measured at every spot in the stockpile
or cargo hold that shows evidence of heating.
(c) Before loading or transporting the material, all temperatures
measured must be below the temperature limit set in Subpart D of this
part.
Sec. 148.55 International shipments.
(a) Importer's responsibility. Each person importing any bulk solid
material requiring special handling into the United States must provide
the shipper and the forwarding agent at the place of entry into the
United States with timely and complete information as to the
requirements of this part that will apply to the shipment of the
material within the United States.
(b) IMSBC Code. Notwithstanding the provisions of this part, a bulk
solid material that is classed, described, stowed, and segregated in
accordance with the IMSBC Code (incorporated by reference, see Sec.
148.8), and otherwise conforms to the requirements of this section, may
be offered and accepted for transportation and transported within the
United States. The following conditions and limitations apply:
(1) A bulk solid material that is listed in Table 148.10 of this
part, but is not subject to the requirements of the IMSBC Code, may not
be transported under the provisions of this section and is subject to
the requirements of this part. Examples of such materials include
environmentally hazardous substances, solid, n.o.s.
(2) Zinc Ashes must conform to the requirements found in Sec.
148.330.
(3) Exemptions granted by other competent authorities in accordance
with the IMSBC Code must be approved by the Commandant (CG-5223) in
accordance with Sec. 148.5.
(4) Tripartite agreements granted by other competent authorities in
accordance with the IMSBC Code must be authorized for use in the United
States by the Commandant (CG-5223).
Sec. 148.60 Shipping papers.
The shipper of a material listed in Table 148.10 of this part must
provide the master or his representative with appropriate information
on the cargo in the form of a shipping paper, in English, prior to
loading. Information on the shipping paper must include the following:
(a) The appropriate BCSN. Secondary names may be used in addition
to the BCSN;
(b) The identification number, if applicable;
(c) The hazard class of the material as listed in Table 148.10 of
this part or on the Special Permit for the material;
(d) The total quantity of the material to be transported;
(e) The stowage factor;
(f) The need for trimming and the trimming procedures, as
necessary;
(g) The likelihood of shifting, including angle of repose, if
applicable;
(h) A certificate on the moisture content of the cargo and its
transportable moisture limit for cargoes that are subject to
liquefaction;
(i) Likelihood of formation of a wet base;
(j) Toxic or flammable gases that may be generated by the cargo, if
applicable;
(k) Flammability, toxicity, corrosiveness, and propensity to oxygen
depletion of the cargo, if applicable;
(l) Self-heating properties of the cargo, if applicable;
(m) Properties on emission of flammable gases in contact with
water, if applicable;
(n) Radioactive properties, if applicable;
(o) The name and address of the U.S. shipper (consignor) or, if the
shipment originates in a foreign country, the U.S. consignee.
(p) A certification, signed by the shipper, that bears the
following statement: ``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.''
Sec. 148.61 Emergency response information.
The shipper of a material listed in Table 148.10 of this part must
provide the master or his representative with appropriate emergency
response information. This information may be included on the shipping
papers or in a separate document such as a material safety data sheet
(MSDS). The information must include preliminary first aid measures and
emergency procedures to be carried out in the event of an incident or
fire involving the cargo.
Sec. 148.62 Location of shipping papers and emergency response
information.
(a) The shipping paper and emergency response information required
by Sec. Sec. 148.60 and 148.61 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 papers and emergency
response information must be kept on the tug or towing vessel. When an
unmanned barge is moored, the shipping paper and emergency response
information must be on board the barge in a readily retrievable
location.
(b) Any written certification or statement from the shipper to the
master of a vessel or to the person in charge of
[[Page 34599]]
a barge must be on, or attached to, the shipping paper. See Subparts E
and F of this part for required certifications.
Sec. 148.70 Dangerous cargo manifest; general.
(a) Except as provided in paragraph (b) of this section and in
Sec. 148.72, each vessel transporting materials listed in Table 148.10
of this part must have a dangerous cargo manifest on board.
(b) This document must be kept in a designated holder on or near
the vessel's bridge. When required for an unmanned barge, the document
must be on board the tug or towing vessel.
Sec. 148.71 Information included in the dangerous cargo manifest.
The dangerous cargo manifest must include the following:
(a) The name and official number of the vessel. If the vessel has
no official number, the international radio call sign must be
substituted;
(b) The nationality of the vessel;
(c) The name of the material as listed in Table 148.10 of this
part;
(d) The hold or cargo compartment in which the material is being
transported;
(e) The quantity of material loaded in each hold or cargo
compartment; and
(f) The signature of the master acknowledging that the manifest is
correct, and the date of the signature.
Sec. 148.72 Dangerous cargo manifest; exceptions.
(a) 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.
(b) When a dangerous cargo manifest is required for an unmanned
barge on an international voyage, Sec. 148.71(d) does not apply,
unless the barge has more than one cargo compartment.
Sec. 148.80 Supervision of cargo transfer.
The master must ensure that cargo transfer operations are
supervised by a responsible person as defined in Sec. 148.3.
Sec. 148.85 Required equipment for confined spaces.
When transporting a material that is listed in Table 148.10 of this
part, each vessel, other than an unmanned barge, must have on board the
following:
(a) Equipment capable of measuring atmospheric oxygen. 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 calibrated
according to the manufacturer's instructions.
(b) 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 30-minute air supply. Each
foreign flag vessel must have on board at least two such apparatus that
are approved by the flag state administration. The master must ensure
that the breathing apparatus is used only by persons trained in its
use.
Sec. 148.86 Confined space entry.
(a) Except in an emergency, no person may enter a confined space
unless that space has been tested to ensure there is sufficient oxygen
to support life. If the oxygen content is below 19.5 percent, the space
must be ventilated and retested before entry.
(b) In an emergency, a confined space may be entered by a trained
person wearing self-contained breathing apparatus, suitable protective
clothing as necessary, and a wire rope safety line tended by a trained
person outside the hold or in an adjacent space. Emergency entry into a
confined space must be supervised by a responsible person as defined in
Sec. 148.3.
Sec. 148.90 Preparations before loading.
Before loading any material listed in Table 148.10 of this part, in
bulk on board a vessel, the following conditions must be met:
(a) If a hold previously has contained any material required under
Subpart D of this part to be segregated from the material to be loaded,
the hold must be thoroughly cleaned of all residue of the previous
cargoes.
(b) If the material to be loaded is Class 4.1, 4.2, or 5.1, then
all combustible materials must be removed from the hold. Examples of
some combustible materials are residue of previous cargoes, loose
debris, and dunnage. Permanent wooden battens or sheathing may remain
in the hold unless forbidden by Subpart E of this part.
(c) If the material to be loaded is classified as Class 4.3, or is
subject to liquefaction, the hold and associated bilge must be as dry
as practicable.
Sec. 148.100 Log book entries.
During the transport in bulk of a material listed in Table 148.10
of this part, the master must keep a record of each temperature
measurement and each test for toxic or flammable gases required by this
part. The date and time of each measurement and test must be recorded
in the vessel's log.
Sec. 148.110 Procedures followed after unloading.
(a) After a material covered by this part has been unloaded from a
vessel, each hold or cargo compartment must be thoroughly cleaned of
all residue of such material unless the hold is to be reloaded with
that same cargo.
(b) When on U.S. territorial seas or inland waters, cargo
associated wastes, cargo residue, and deck sweepings must be retained
on the vessel and disposed of in accordance with 33 CFR parts 151.51
through 151.77.
Sec. 148.115 Report of incidents.
(a) When a fire or other hazardous condition occurs on a vessel
transporting a material covered by this part, the master must notify
the nearest COTP as soon as possible and comply with any instructions
given.
(b) Any incident or casualty occurring while transporting a
material covered by this part must also be reported as required under
49 CFR 171.15, if applicable. A copy of the written report required
under 49 CFR 171.16 must also be sent to the Commandant (CG-5223), U.S.
Coast Guard, 2100 2nd St., SW., Stop 7126, Washington, DC 20593-7126,
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 (RQ) must be
reported immediately to the National Response Center at (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 primary or subsidiary hazard class to which
the materials belong. Whenever a subsidiary hazard may exist, the most
stringent segregation requirement applies; and
(2) Any specific requirements in Subpart D of this part.
(b) Materials that are required to be separated during stowage must
not be handled at the same time. Any residue from a material must be
removed before a material required to be separated from it is loaded.
(c) Definitions and application of segregation terms:
(1) ``Separated from'' means located in different cargo
compartments or holds when stowed under deck. If the intervening deck
is resistant to fire and
[[Page 34600]]
liquid, a vertical separation, i.e., in different cargo compartments,
is acceptable as equivalent to this segregation.
(2) ``Separated by a complete cargo compartment or hold from''
means either a vertical or horizontal separation, for example, by a
complete cargo compartment or hold. If the intervening decks are not
resistant to fire and liquid, only horizontal separation is acceptable.
(3) ``Separated longitudinally by an intervening complete cargo
compartment or hold from'' means that vertical separation alone does
not meet this requirement.
Table 148.120A--Segregation Between Incompatible Bulk Solid Cargoes
----------------------------------------------------------------------------------------------------------------
Bulk solid materials Class 4.1 4.2 4.3 5.1 6.1 7 8 9/PDM
----------------------------------------------------------------------------------------------------------------
Flammable solid................... 4.1 X
Spontaneously combustible material 4.2 2 X
Dangerous when wet material....... 4.3 3 3 X
Oxidizer.......................... 5.1 3 3 3 X
Poisonous material................ 6.1 X X X 2 X
Radioactive material.............. 7 2 2 2 2 2 X
Corrosive material................ 8 2 2 2 2 X X X
Miscellaneous hazardous material 9/PDM X X X X X 2 X X
and potential dangerous material.
----------------------------------------------------------------------------------------------------------------
Numbers and symbols indicate 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 Incompatible Packaged Cargoes
----------------------------------------------------------------------------------------------------------------
Bulk solid material
Packaged hazardous material ----------------------------------------------------------------------------
Class 4.1 4.2 4.3 5.1 6.1 7 8 9/PDM
----------------------------------------------------------------------------------------------------------------
Explosives......................... 1.1 4 4 4 4 2 2 4 X
1.2
1.5
Explosives......................... 1.3 3 3 4 4 2 2 2 X
1.6
Explosives......................... 1.4 2 2 2 2 X 2 2 X
Flammable gas...................... 2.1 2 2 1 2 X 2 2 X
Non-flammable compressed gas....... 2.2 2 2 X X X 2 1 X
Poisonous gas...................... 2.3 2 2 X X X 2 1 X
Flammable liquid................... 3 2 2 2 2 X 2 1 X
Flammable solid.................... 4.1 X 1 X 1 X 2 1 X
Spontaneously combustible material. 4.2 1 X 1 2 1 2 1 X
Dangerous when wet material........ 4.3 X 1 X 2 X 2 1 X
Oxidizer........................... 5.1 1 2 2 X 1 1 2 X
Organic peroxide................... 5.2 2 2 2 2 1 2 2 X
Poisonous material................. 6.1 X 1 X 1 X X X X
Infectious substance............... 6.2 3 3 2 3 1 3 3 X
Radioactive material............... 7 2 2 2 1 X X 2 X
Corrosive material................. 8 1 1 1 2 X 2 X X
Miscellaneous hazardous material... 9 X X X X X X X X
----------------------------------------------------------------------------------------------------------------
Numbers and symbols indicate the following terms as defined in Sec. 148.3:
1--``Away from''
2--``Separated from''
3--``Separated by a complete hold or compartment from''
4--``Separated longitudinally by an intervening complete compartment or hold from''
X--No segregation required, except as specified in an applicable section of this subpart or Subpart E of this
part.
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 practical before loading;
(2) Not be loaded or transferred between vessels during periods of
rain or snow;
(3) Be stowed separated from foodstuffs; and
(4) Be stowed clear of sources of heat and ignition and protected
from sparks and open flame.
(b) Bulkheads between a hold containing a Class 4.1 material and
incompatible 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 practical before 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 and
a hold containing a material not permitted to mix with Class 4.2
materials must have cable and conduit penetrations
[[Page 34601]]
sealed against the passage of gas and vapor.
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 practical before 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. Exhaust gases must
not penetrate into accommodation, work or control spaces. Unmanned
barges that have adequate natural ventilation need not have mechanical
ventilation.
(b) The bulkhead between a hold containing a Class 4.3 material and
incompatible materials must have cable and conduit penetrations sealed
against the passage of gas and vapor.
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 practical before 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 materials are clean and, whenever practical, only
noncombustible securing and protecting materials are used.
(c) Class 5.1 materials 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 closed or covered to prevent dispersal of
the material during transportation.
(b) [Reserved]
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 of Class 9 must be segregated as
required for Class 5.1 materials in Sec. Sec. 148.120 and 148.140 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 stowed and segregated as required for Class
4.2 materials in Sec. Sec. 148.120 and 148.130 of this part. In
addition, its temperature at loading must not exceed 35 [deg]C (95
[deg]F), or 5 [deg]C (41[deg]F) above ambient temperature, whichever is
higher.
(e) Sulfur must be stowed and segregated as required under
Sec. Sec. 148.120 and 148.125 for a material of Class 4.1.
Sec. 148.155 Stowage and segregation for potentially dangerous
materials.
(a) A PDM must be stowed and segregated according to the
requirements of this section and Table 148.155 of this section.
(b) When transporting coal--
(1) Coal must be stowed separate 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, Class 8 acids in packaged form, and 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--Stowage and Segregation Requirements for Potentially Dangerous Material
--------------------------------------------------------------------------------------------------------------------------------------------------------
Segregate Load only
as for ``Separate under dry Mechanical ``Separate from''
Potentially dangerous material class from'' weather Keep dry ventilation material listed Special provisions
listed \1\ foodstuffs conditions required
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aluminum Smelting By-products or 4.3 X X X X Class 8 liquids..........
Aluminum Re-melting By-products.
Brown Coal Briquettes................. .......... .......... .......... .......... ........... See paragraph (b) of this See paragraph (b) of
section. this section.
Charcoal.............................. 4.1 .......... .......... X ........... Oily materials...........
Coal.................................. .......... .......... .......... .......... ........... See paragraph (b) of this See paragraph (b) of
section. this section.
Direct reduced iron (A)............... .......... .......... .......... .......... ........... See paragraph (c) of this See paragraph (c) of
section. this section.
Direct reduced iron (B)............... .......... .......... .......... .......... ........... See paragraph (c) of this See paragraph (c) of
section. this section.
Ferrophosphorus....................... 4.3 X X X X Class 8 liquids..........
Ferrolilicon.......................... 4.3 X X X X Class 8 liquids..........
Fluorospar............................ .......... X .......... .......... ........... Class 8 liquids..........
Lime, Unslaked........................ .......... .......... .......... X ........... All packaged and bulk
solid hazardous
materials.
[[Page 34602]]
Linted Cotton Seed.................... .......... .......... .......... X
Magnesia, Unslaked.................... .......... .......... .......... .......... ........... All packaged and bulk
solid hazardous
materials.
Metal Sulfide Concentrates............ 4.2 X .......... .......... ........... Class 8 liquids..........
Petroleum Coke........................ .......... X .......... .......... ........... ......................... See section 148.155(d).
Pitch Prill........................... 4.1
Pyrites, Calcined..................... .......... X X X X
Sawdust............................... 4.1 .......... .......... X ........... All Class 5.1 and 8
liquids.
Silicomanganese....................... 4.3 X X X X Class 8 liquids..........
Tankage............................... 4.2 X X
Vanadium.............................. 6.1 X
Wood chips............................ 4.1
Wood pellets.......................... 4.1
Wood pulp pellets..................... 4.1
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ See Tables 148.120A and B.
Subpart E--Special Requirements for Certain Materials
Sec. 148.200 Purpose.
This subpart prescribes special requirements for specific
materials. These requirements are in addition to the minimum
transportation requirements in Subpart C of this part that are
applicable to all materials listed in Table 148.10 of this part.
Sec. 148.205 Ammonium nitrate and ammonium nitrate fertilizers.
(a) This section applies to the stowage and transportation in bulk
of ammonium nitrate and the following fertilizers composed of uniform,
non-segregating mixtures containing ammonium nitrate:
(1) Ammonium nitrate containing added organic matter that is
chemically inert towards the ammonium nitrate; containing at least 90
percent ammonium nitrate and a maximum of 0.2 percent of combustible
material (including organic material calculated as carbon); or
containing less than 90 percent but more than 70 percent of ammonium
nitrate and a maximum of 0.4 percent combustible material;
(2) Ammonium nitrate with calcium carbonate and/or dolomite,
containing more than 80 percent but less than 90 percent of ammonium
nitrate and a maximum of 0.4 percent of total combustible material;
(3) Ammonium nitrate with ammonium sulfate containing more than 45
percent but a maximum of 70 percent of ammonium nitrate and containing
a maximum of 0.4 percent of combustible material; and
(4) Nitrogen phosphate or nitrogen/potash type fertilizers or
complete nitrogen/phosphate/potash type fertilizers containing more
than 70 percent but less than 90 percent of ammonium nitrate and a
maximum of 0.4 percent of combustible material.
(b) No material covered by this section may be transported in bulk
unless it demonstrates resistance to detonation when tested by one of
the following methods:
(1) Appendix 2, Section 5, of the IMSBC Code (incorporated by
reference, see Sec. 148.8);
(2) Test series 1 and 2 of the Class 1 (explosive) in the UN Manual
of Tests and Criteria, Part I (incorporated by reference, see Sec.
148.8); or
(3) An equivalent test satisfactory to the Administration of the
country of shipment.
(c) Before loading a material covered by this section--
(1) The shipper must give the master of the vessel written
certification that the material has met the test requirements of
paragraph (b) of this section;
(2) The cargo hold must be inspected for cleanliness and 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 material must be less than 55 [deg]C
(131 [deg]F); and
(5) Each fuel tank under a cargo hold where the material is stowed
must be pressure tested before loading to ensure that there is no
leakage of manholes or piping systems leading through the cargo hold.
(d) Bunkering or transferring of fuel to or from the vessel may not
be performed during cargo loading and unloading operations involving a
material covered by this section.
(e) When a material covered by this section is transported on a
cargo vessel--
(1) No other material may be stowed in the same hold with that
material;
(2) In addition to the segregation requirements in Sec. 148.140,
the material 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 a material covered
by this section 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 fertilizers.
(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 a maximum of 70 percent of ammonium nitrate and
containing a maximum of 0.4 percent total added combustible material or
containing a maximum of 45 percent ammonium nitrate with unrestricted
combustible material.
[[Page 34603]]
(b) A fertilizer mixture described in paragraph (a) of this section
is exempt if--
(1) When tested in accordance with the trough test prescribed in
Appendix 2, Section 4, of the IMSBC Code or in the UN Manual of Tests
and Criteria, Part III, Subsection 38.2 (incorporated by reference, see
Sec. 148.8), it is found to be free from the risk of self-sustaining
decomposition.
(2) [Reserved]
(c) No fertilizer covered by this section may be transported in
bulk if, when tested in accordance with the trough test prescribed in
Appendix 2, Section 4, of the IMSBC Code or in the UN Manual of Tests
and Criteria, Part III, Subsection 38.2 (incorporated by reference, see
Sec. 148.8), it has a self-sustaining decomposition rate that is
greater than 0.25 meters per hour, or is liable to self-heat sufficient
to initiate decomposition.
(d) Fertilizers covered by this section 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
loading and unloading of fertilizer covered by this section.
(f) Fertilizer covered by this section must be segregated as
prescribed in Sec. Sec. 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
that are the residual ash of oil or coal fired power stations.
(b) This section applies to the stowage and transportation of
calcined pyrites that are the residual product of sulfuric acid
production or elemental metal recovery operations.
(c) Before loading calcined pyrites covered by this section--
(1) The cargo space must be as clean and dry as practical;
(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 covered by this section have been
unloaded from a cargo space, the cargo space must be thoroughly
cleaned. Cargo residues and sweepings must be disposed of as prescribed
in 33 CFR parts 151.55 through 151.77.
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 a maximum of 15.5 percent nitrogen and
at least 12 percent of water.
Sec. 148.230 Calcium oxide (lime, unslaked).
(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 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 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 must wear dust masks and goggles.
(c) Care must be taken to prevent castor bean dust from entering
accommodation, control, or service spaces during cargo transfer
operations.
Sec. 148.240 Coal.
(a) The electrical equipment in cargo holds carrying coal must meet
the requirements of Subpart 111.105 of this chapter or an equivalent
standard approved by the administration of the vessel's flag state.
(b) Before coal is loaded in a cargo hold, the bilges must be as
clean and dry as practical. The hold must also be free of any readily
combustible material, including the residue of previous cargoes if
other than coal.
(c) The master of each vessel carrying coal must ensure that--
(1) All openings to the cargo hold, except for unloading gates on
self-unloading vessels, are sealed before loading the coal and, unless
the coal is as described in paragraph (f) of this section, the hatches
must also be sealed after loading;
(2) As far as practical, gases emitted by the coal do not
accumulate in enclosed working spaces such as storerooms, shops, or
passageways, and tunnel spaces on self-unloading vessels, and that such
spaces are adequately ventilated;
(3) The vessel has adequate ventilation as required by paragraph
(f) of this section; and
(4) If the temperature of the coal is to be monitored under
paragraph (e)(2)(i) of this section, the vessel has instruments that
are capable of measuring the temperature of the cargo in the range 0
[deg]-100 [deg]C (32 [deg]-212 [deg]F) without 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 coal waiting to be loaded has shown a tendency to self-heat,
has been handled so that it may likely self-heat, or has been observed
to be heating, the master is responsible for monitoring the temperature
of the coal at several intervals during these times:
(1) Before loading; and
(2) During the voyage, by--
(i) Measuring the temperature of the coal;
(ii) Measuring the emission of carbon monoxide; or
(iii) Both.
(f) If coal waiting to be loaded has a potential to emit dangerous
amounts of methane, for example it is freshly mined, or has a history
of emitting dangerous amounts of methane, then:
(1) Surface ventilation, either natural or from fixed or portable
nonsparking fans, must be provided; and
(2) 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 (m) of this section are
met.
(g) Electrical equipment and cables in a hold containing a coal
described in paragraph (f) of this section must be either suitable for
use in an explosive gas atmosphere or de-energized at a point outside
the hold. Electrical equipment and cables necessary for continuous safe
operations, such as lighting fixtures, must be suitable for use in an
explosive gas atmosphere. The master of the vessel must ensure that the
affected equipment and cables remain de-energized as long as this coal
remains in the hold.
(h) For all coal loaded on a vessel, other than an unmanned barge,
the atmosphere above the coal must be routinely tested for the presence
of methane, carbon monoxide, and oxygen, following the procedures in
the Appendices to the schedules for Coal and Brown Coal Briquettes as
contained in the IMSBC Code (incorporated by reference, see Sec.
148.8). 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
[[Page 34604]]
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 (m) of this section are met.
If the level of carbon monoxide is increasing rapidly or reaches 20
percent of the lower flammability limit (LFL), the frequency of
monitoring must be increased.
(j) When a cargo of coal has a potential to self-heat or has been
observed to be heating, the hatches should be closed and sealed and all
surface ventilation halted except as necessary to remove any methane
that may have accumulated.
(k) If the level of carbon monoxide monitored under 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, if measured, 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) If the level of methane as monitored under paragraph (h) of
this section reaches 20 percent of the LFL or is increasing rapidly,
ventilation of the cargo hold, under 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.
(m) 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 20 percent 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 percent
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. 148.242 Copra.
Copra must have surface ventilation. It must not be stowed against
heated surfaces including fuel oil tanks which may require heating.
Sec. 148.245 Direct reduced iron (DRI); lumps, pellets, and cold-
molded briquettes.
(a) Before loading DRI lumps, pellets, or cold-molded briquettes--
(1) The master must have a written certification from a competent
person appointed by the shipper and recognized by the Commandant (CG-
5223) stating that the DRI, at the time of loading, is suitable for
shipment;
(2) The DRI must be aged for at least 3 days, 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 practical.
Other than double bottom tanks, adjacent ballast tanks must be kept
empty when possible. 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 briquettes are to be carried must be resistant to fire and
passage of water.
(c) DRI lumps, pellets, or cold-molded briquettes that are wet, or
that are known to have been wetted, may not be accepted for transport.
The moisture content of the DRI must not exceed 0.3 percent prior to
loading.
(d) DRI lumps, pellets and cold-molded briquettes 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 briquettes may not be loaded
if their temperature is greater than 65 [deg]C (150 [deg]F).
(f) The shipper of DRI lumps, pellets, or cold-molded briquettes in
bulk must ensure that an inert atmosphere of less than 5 percent oxygen
and 1 percent hydrogen, by volume, is maintained throughout the voyage
in any hold containing these materials.
(g) When DRI lumps, pellets, or cold-molded briquettes are loaded,
precautions must be taken to avoid the concentration of fines (pieces
less than 6.35mm in size) in any one location in the cargo hold.
(h) Radar and RDF scanners must be protected against the dust
generated during cargo transfer operations of DRI lumps, pellets, or
cold-molded briquettes.
Sec. 148.250 Direct reduced iron (DRI); hot-molded briquettes.
(a) Before loading DRI hot-molded briquettes--
(1) The master must have a written certification from a competent
person appointed by the shipper and recognized by the Commandant (CG-
5223) that at the time of loading the DRI hot-molded briquettes are
suitable for shipment; and
(2) Each hold and bilge must be as clean and dry as practical.
Except double bottom tanks, adjacent ballast tanks must be kept empty
where possible. All wooden fixtures, such as battens, must be removed.
(b) All boundaries of a hold must be resistant to fire and passage
of water to carry DRI hot-molded briquettes.
(c) DRI hot-molded briquettes must be protected at all times from
contact with water. They must not be loaded or transferred from one
vessel to another during periods of rain or snow.
(d) DRI hot-molded briquettes may not be loaded if their
temperature is greater than 65 [deg]C (150 [deg]F).
(e) When loading DRI hot-molded briquettes, precautions must be
taken to avoid the concentration of fines (pieces less than 6.35mm in
size) in any one location in the cargo hold.
(f) Adequate surface ventilation must be provided when carrying or
loading DRI hot-molded briquettes.
(g) When DRI hot-molded briquettes 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 briquettes.
(h) Radar and RDF scanners must be adequately protected against
dust generated during cargo transfer operations of DRI hot-molded
briquettes.
(i) During final discharge only, a fine spray of water may be used
to control dust from DRI hot-molded briquettes.
Sec. 148.255 Ferrosilicon, aluminum ferrosilicon, and aluminum
silicon containing more than 30% but less than 90% silicon.
(a) This section applies to the stowage and transportation of
ferrosilicon, aluminum ferrosilicon, and aluminum silicon containing
more than 30 percent but less than 90 percent silicon.
(b) The shipper of material described in paragraph (a) of this
section must give the master 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 at
least three days before 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
[[Page 34605]]
material described in paragraph (a) of this section must be
mechanically 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 not allow escaping gas to 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) Any bulkhead between a hold containing material described in
paragraph (a) of this section and an accommodation or work space 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 before 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 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 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) If weather is inclement during loading, hatches must be covered
or otherwise protected to keep the material dry;
(3) 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;
(4) 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;
(5) 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 before the
loading of the other material; and
(6) During loading, the temperature of the ferrous metal in the
pile being loaded must be below 55 [deg]C (131 [deg]F).
(c) The master of a vessel that is loading or transporting a
ferrous metal must 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
once 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 once every 24 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 must 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 in each hold is 65
[deg]C (150 [deg]F) or above, the master must notify the Coast Guard
Captain of the Port, and the vessel must remain in the port area until
the Captain of the Port is satisfied that the temperature of ferrous
metal has shown a downward trend below 65 [deg]C (150 [deg]F) for at
least eight hours after completion of loading of the hold; or
(2) If the temperature of the ferrous metal in each hold 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, the master must notify the
Coast Guard Captain of the Port, and the vessel must remain in the port
area until the Captain of the Port confirms that the vessel is sailing
directly to another port, no further than 12 hours sailing time, for
the purpose of loading more ferrous metal in bulk or to completely off-
load the ferrous metal.
(f) Except for shipments of ferrous metal in bulk which leave the
port of loading under the conditions specified in paragraph (e)(2) 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 must 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 percent moisture by weight.
(b) Fish meal or fish scrap may contain a maximum of 12 percent
moisture by weight and a maximum of 15 percent 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, at least 1000 mg/kg (ppm) butylated hydroxytoluene, or at
least 1000 mg/kg (ppm) of tocopherol-based liquid antioxidant).
(d) Shipment of the fish meal or fish scrap must take place a
maximum of 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)
of ethoxyquin or butylated hydroxytoluene or at least 250 mg/kg (ppm)
of tocopherol-based 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 (41 [deg]F) above the ambient temperature, whichever is higher.
(g) For each shipment of fish meal or fish scrap, the shipper must
give the master a written certification stating--
(1) The total weight of the shipment;
(2) The moisture content of the material;
[[Page 34606]]
(3) The fat content of the material;
(4) The type of antioxidant and its concentration in the fish meal
or fish scrap 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. This paragraph
does not apply to shipments by unmanned barge.
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, follow the applicable requirements of 40 CFR
chapter I, subchapter I.
(b) Each release of a quantity of a designated substance equal to
or greater than the reportable quantity, as set out in Table 1 to
Appendix A of 49 CFR 171.101, when discharged into or upon the
navigable waters of the United States, adjoining shorelines, into or
upon the contiguous zone, or beyond the contiguous zone, 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 that is
closed or covered and prevents dispersal of the material during
transportation.
(d) During cargo transfer operations, a spill or release of a
hazardous substance must be minimized to the greatest extent possible.
Each release 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. The residue of the substance
must be disposed of pursuant to 33 CFR parts 151.55 through 151.77 and
the applicable regulations of 40 CFR 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 give the master a written certification
that the material has been cooled and weathered for at least eight
weeks.
(b) Both spent iron oxide and spent iron sponge may be transported
on open hold all-steel barges after exposure to air for a period of at
least ten days.
Sec. 148.280 Magnesia, unslaked (lightburned magnesia, calcined
magnesite, caustic calcined magnesite).
(a) This part does not apply to the transport of natural magnesite,
magnesium carbonate, or magnesia clinkers.
(b) When transported by barge, unslaked magnesia must be carried in
an unmanned, all-steel, double-hulled barge equipped with weathertight
hatches or covers. The barge may not carry any other cargo while
unslaked magnesia is on board.
(c) The shipping paper requirements in Sec. 148.60 and the
dangerous cargo manifest requirements in Sec. 148.70 do not apply to
unslaked magnesia transported under the requirements of paragraph (b)
of this section.
Sec. 148.285 Metal sulfide concentrates.
(a) When information given by the shipper under Sec. 148.60
indicates that the metal sulfide concentrate may generate toxic or
flammable gases, the appropriate gas detection equipment from
Sec. Sec. 148.415 and 148.420 must be on board the vessel.
(b) No cargo hold containing a metal sulfide concentrate may be
ventilated.
(c) 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, 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
(2) An emergency situation exists and the person entering the cargo
hold is wearing the appropriate self-contained breathing apparatus.
Sec. 148.290 Peat moss.
(a) Before shipment, peat moss must be stockpiled under cover to
allow drainage and reduce its moisture content.
(b) The cargo must be ventilated so that escaping gases cannot
reach living quarters on or above deck.
(c) Persons handling or coming into contact with peat moss must
wear gloves, a dust mask, and goggles.
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) Before petroleum coke at 55 [deg]C (131 [deg]F) or above may be
loaded into a hold over a tank containing fuel or material having a
flashpoint of less than 93 [deg]C (200 [deg]F), 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 before 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 already containing a cooler layer of the
petroleum coke; and
(3) Upon completion of the loading described in paragraph (e)(2) of
this section, normal loading of the petroleum coke may be completed.
(f) The master of the vessel must warn members of a crew that
petroleum coke is hot, and that injury due to burns is possible.
(g) During the voyage, the temperature of the petroleum coke must
be monitored often enough to detect spontaneous heating.
Sec. 148.300 Radioactive materials.
(a) Radioactive materials that may be stowed or transported in bulk
are limited to those radioactive materials defined in 49 CFR 173.403 as
Low Specific Activity Material, LSA-1, or Surface Contaminated Object,
SCO-1.
(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
after the completion of off-loading by a qualified person using
appropriate radiation detection instruments. 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:
[[Page 34607]]
(1) 4.0 Bq/cm\2\ (10-4 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;
and
(2) 0.4 Bq/cm\2\ (10-5 uCi/cm\2\) for all other alpha
emitters.
Sec. 148.310 Seed cake.
(a) This part does not apply to solvent-extracted rape seed meal,
pellets, soya bean meal, cotton seed meal, or sunflower seed meal
that--
(1) Contains a maximum of 4 percent vegetable oil and a maximum of
15 percent vegetable oil and moisture combined; and
(2) As far as practical, is free from flammable solvent.
(b) This part does not apply to mechanically expelled citrus pulp
pellets containing not more than 2.5 percent oil and a maximum of 14
percent oil and moisture combined.
(c) Before loading, the seed cake must be aged per the instructions
of the shipper.
(d) Before loading, the shipper must give the master or person in
charge of a barge 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 practical at all times.
(f) If the seed cake is solvent-extracted, it must be--
(1) As free as practical from flammable solvent; and
(2) Stowed in a mechanically ventilated hold.
(g) 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.
(h) Temperature readings of the seed cake must be taken at least
once in every 24-hour period. If the temperature 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
(g) of this section must be introduced into the hold. 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.
(i) Seed cake must be carried under the terms of a Special Permit
issued by the Commandant (CG-5223) per subpart B of this part if--
(1) The oil was mechanically expelled; and
(2) It contains more than 10 percent vegetable oil or more than 20
percent vegetable oil and moisture combined.
Sec. 148.315 Sulfur.
(a) This part applies to lump or coarse grain powder sulfur only.
Fine-grained powder (``flowers of sulfur'') may not be transported in
bulk.
(b) After the loading or unloading of lump or coarse grain powder
sulfur has been completed, sulfur dust must be removed from the
vessel's decks, bulkheads, and overheads. Cargo residues and deck
sweepings must be disposed of pursuant to 33 CFR parts 151.55 through
151.77.
(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 percent or more moisture by weight, and garbage tankage and
tankage fertilizer that contains 8 percent 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 often enough to detect spontaneous heating.
Sec. 148.325 Wood chips; wood pellets; wood pulp pellets.
(a) This part applies to wood chips and wood pulp pellets in bulk
that may oxidize, 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, wood
pellets, or wood pulp pellets, unless--
(1) The atmosphere in the cargo hold has been tested and contains
enough 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 must 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 (collectively,
``zinc material'') in bulk.
(b) Zinc material must be aged by exposure to the elements for at
least one year before shipment in bulk.
(c) Before loading in bulk, zinc material must be stored under
cover for a period of time to ensure that it is as dry as practical. 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 (52 [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 cargo vessel:
(1) Zinc material in bulk must be stowed in a mechanically
ventilated hold that--
(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) Combustible gas detectors capable of measuring hydrogen
concentrations of 0 to 4.1 percent by volume must be permanently
installed in holds that will carry zinc material. If the concentration
of hydrogen in the space above the cargo exceeds 1 percent by volume,
the ventilation system must be run until the concentration drops below
1 percent 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 percent by volume
and increasing, despite ventilation, or the temperature of the zinc
material reaches 65 [deg]C (150 [deg]F), the cargo hatches should be
opened provided that weather and sea conditions are favorable. When
hatches are opened take care to prevent sparks and minimize the entry
of water.
Subpart F--Additional Special Requirements
Sec. 148.400 Applicability.
Unless stated otherwise, the requirements of this subpart apply
only to the shipment or loading of materials, listed in Table 148.10 of
this part, for which Table 148.10 contains a reference to a section or
paragraph of this subpart.
[[Page 34608]]
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, sparks, or
arc-producing equipment, may be performed in a cargo hold containing a
Table 148.10 material or in an adjacent space.
(b) A cargo hold or adjacent space must not have any flammable gas
concentrations over 10 percent of the LFL before the master may approve
operations involving the use of fire, open flame, or spark- or arc-
producing equipment in that hold or adjacent space.
Sec. 148.407 Smoking.
When Table 148.10 of this part associates a material with a
reference to this section, and that material is being loaded or
unloaded, smoking is prohibited anywhere on the weatherdeck of 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.
When Table 148.10 of this part associates a material with a
reference to this section, a fire hose must be available at each hatch
through which the material is being loaded.
Sec. 148.415 Toxic gas analyzers.
When Table 148.10 of this part associates a material with a
reference to a paragraph in this section, each vessel transporting the
material, other than an unmanned barge, must have on board a gas
analyzer appropriate for the toxic gas listed in that paragraph. At
least two members of the crew must be knowledgeable in the use of the
equipment. The equipment must be maintained in a condition ready for
use and calibrated according to the instructions of its manufacturer.
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 before entry. The
toxic gases for which the requirements of this section must be met are:
(a) Arsine,
(b) Carbon monoxide,
(c) Hydrogen cyanide,
(d) Hydrogen sulfide,
(e) Phosphine, and
(f) Sulfur dioxide.
Sec. 148.420 Flammable gas analyzers.
When Table 148.10 of this part associates a material with a
reference to a paragraph in this section, each vessel transporting the
material, other than an unmanned barge, must have on board a gas
analyzer appropriate for the flammable gas listed in that paragraph. At
least two members of the crew must be knowledgeable in the use of the
equipment. The equipment must be maintained in a condition ready for
use, capable of measuring 0 to 100 percent LFL for the gas indicated,
and calibrated in accordance with the instructions of its manufacturer.
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 before entry. The flammable gases for which the
requirements of this section must be met are:
(a) Carbon monoxide,
(b) Hydrogen, and
(c) Methane.
Sec. 148.435 Electrical circuits in cargo holds.
During transport of a material that Table 148.10 of this part
associates 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. 148.445 Adjacent spaces.
When transporting a material that Table 148.10 of this part
associates 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) 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 percent of the LFL, all electrical equipment
that is not certified safe for use in an explosive gas atmosphere must
be de-energized 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 percent 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 percent of the LFL;
and
(3) The level of toxic gas, if required to be tested, is less than
the TLV;
(d) No person may enter an adjacent space if the level of flammable
gas is greater than 30 percent 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 cargoes identified in Table 148.10
of this part with a reference to this section and cargoes identified in
the IMSBC Code (incorporated by reference, see Sec. 148.8) as cargoes
that may liquefy.
(b) This section does not apply to--
(1) Shipments by unmanned barge; or
(2) Cargoes of coal that have an average particle size of 10mm
(.394 in.) or greater.
(c) Definitions as used in this section--
(1) Cargo subject to liquefaction means a material that is subject
to moisture migration and subsequent liquefaction if shipped with
moisture content in excess of the transportable moisture limit.
(2) 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.
(3) Transportable moisture limit or TML of a cargo that may liquefy
is the maximum moisture content that 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 (see also section 7 of
the IMSBC Code, incorporated by reference, see Sec. 148.8), 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 must give the
master the material's moisture content and TML.
(f) The master of a vessel shipping a cargo subject to liquefaction
must 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.
[[Page 34609]]
(g) The moisture content and TML of a material may be determined by
the tests described in Appendix 2, Section 1, of the IMSBC Code
(incorporated by reference, see Sec. 148.8).
Dated: June 10, 2010.
F.J. Sturm,
Acting Director of Commercial Regulations and Standards, U.S. Coast
Guard.
[FR Doc. 2010-14464 Filed 6-11-10; 4:15 pm]
BILLING CODE 9110-04-P