[Code of Federal Regulations] [Title 49, Volume 2] [Revised as of October 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR176.63] [Page 714-715] TITLE 49--TRANSPORTATION CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 176_CARRIAGE BY VESSEL--Table of Contents Subpart C_General Handling and Stowage Sec. 176.63 Stowage locations. (a) The table in Sec. 172.101 of this subchapter specifies generally the locations authorized for stowage of the various hazardous materials on board vessels. This part prescribes additional requirements with respect to the stowage of specific hazardous materials in addition to those authorized in Sec. 172.101 of this subchapter. This section sets forth the basic physical requirements for the authorized locations. (b) To qualify as ``on deck'' stowage, the location must be on the weather deck. If it is in a house on the weather deck, it must have a permanent structural opening to the atmosphere, such as a door, hatch, companionway or manhole, and must be vented to the atmosphere. It may not have any structural opening to any living quarters, cargo, or other compartment unless the opening has means for being closed off and secured. Any deck house containing living quarters, a steering engine, a refrigerating unit, a refrigerated stowage box, or a heating unit may not be used unless that area is isolated from the cargo stowage area by a permanent, and tight metallic bulkhead. Stowage in a shelter or 'tween deck is not considered to be ``on deck''. A barge which is vented to the atmosphere and is stowed on deck on a barge-carrying ship is considered to be ``on deck''. When an entry in Sec. 172.101 of this subchapter requires ``on-deck'' stowage and is qualified by the requirement ``shade from radiant heat'', the stowage must be protected from the direct rays of the sun by means of structural erections or awnings except that such protection is not required for shipment in portable tanks. (c) To qualify as ``under deck'' stowage, the location must be in a hold or compartment below the weather deck capable of being ventilated and allotted entirely to the carriage of cargo. It must be bounded by permanent steel decks and bulkheads or the shell of the vessel. The deck openings must have means for effectively closing the hold or compartment against the weather, and in the case of superimposed holds, for effectively closing off each hold. A hold or compartment containing a crew passage formed by battens or by mesh or wire screen bulkhead may not be used for the stowage of any hazardous material unless a watchman is provided for this area. (d) To qualify as ``under deck away from heat'', the location must be under deck and have built-in means for ventilation. If it is subject to heat from any artificial source, it only qualifies for the stowage of those hazardous materials for which ``under deck'' stowage is authorized. (e) Closed cargo transport unit, for the purpose of stowage of Class 1 (explosive) materials on board a vessel, means a clean, substantial, weatherproof box structure which can be secured to the ship's structure and includes a closed freight container, a closed vehicle, a closed rail wagon or a portable magazine. When this stowage is specified, stowage in small compartments such as deckhouses and mast lockers or oversized weatherproof packages (overpacks) are acceptable alternatives. The floor of any closed cargo transport unit or compartment shall be constructed of wood, close boarded or arranged so that goods are stowed on sparred gratings, wooden pallets or dunnage. Provided that the necessary additional specifications are met, a closed cargo transport unit may be used for Class 1 (explosive) magazine stowage type ``A,'' ``B'' or ``C,'' but not as a portable magazine. (f) Stowage of containers on board hatchless container ships. (1) Containers [[Page 715]] holding a hazardous material may be stowed in or vertically above a hatchless container hold if the following conditions are met: (1) All hazardous materials are permitted for under deck stowage as specified in the Table in Sec. 172.101 of this subchapter; and (2) The hatchless container hold is in full compliance with the provisions of IMO's ``International Convention for the Safety of Life at Sea (SOLAS),'' Regulation II-2/19 of SOLAS 1974, as amended (incorporation by reference; see Sec. 171.7 of this subchapter), applicable to enclosed container cargo spaces, as appropriate for the cargo transported. [Amdt. 176-1, 41 FR 16110, Apr. 15, 1976, as amended by Amdt. 176-1A, 41 FR 40687, Sept. 20, 1976; Amdt. 176-1B, 41 FR 57072, Dec. 30, 1976; Amdt. 176-12, 45 FR 81572, Dec. 11, 1980; 66 FR 33438, June 21, 2001; 66 FR 45184, Aug. 28, 2001; 68 FR 45038, July 31, 2003]