[Code of Federal Regulations]
[Title 46, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR35.01-45]

[Page 474-475]
 
                           TITLE 46--SHIPPING
 
         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
 
PART 35_OPERATIONS--Table of Contents
 
              Subpart 35.01_Special Operating Requirements
 
Sec. 35.01-45  Open hopper type barges--B/ALL.

    (a) With the exception of those open hopper type barges constructed 
or modified in conformance with the requirements of subpart 32.63 of 
this subchapter, the special operating conditions in this section apply 
to all other open hopper type barges carrying those cargoes listed in 
Table 30.25-1, of this chapter, which are defined as:
    (1) Flammable liquids having a Reid vapor pressure in excess of 25 
pounds per square inch, absolute, in independent tanks (part 32 of this 
subchapter).
    (2) Liquefied flammable gases (part 38 of this subchapter).
    (b) All open hopper type barges, while carrying in bulk any of the 
cargoes described in paragraph (a) of this section, shall be operated in 
conformance with the provisions in this section. However, the provisions 
in this section are not applicable to such barges when empty (not 
necessarily cleaned or gas-freed).
    (c)(1) Except as otherwise provided in this section, no such open 
hopper type barge shall be placed as a lead barge in any tow. Such 
barges shall be placed in protected positions within the tow so that the 
danger from diving or swamping will be minimized. Where, due to 
operating conditions, compliance with this paragraph is impossible, the 
provisions of paragraph (c)(3) of this section apply. The person in 
charge of the towing vessels shall be responsible for compliance with 
this paragraph.
    (2) No such open hopper type barge shall be moved from a loading 
facility unless all void spaces and bilges are substantially free of 
water. Periodic inspections and necessary pumping shall be carried out 
to insure the maintenance of such water-free conditions, in order to 
minimize the free surface effect in both the longitudinal and transverse 
directions. Except when otherwise considered necessary for inspection or 
pumping, all hatch covers and other hull closure devices for void spaces 
and hull compartments shall be closed and secured at all times. In the 
case of unmanned barges, the person in charge of the towing vessel shall 
be deemed to be in charge of the barge, and all requirements to be 
carried out on the barge shall be carried out by or under the direction 
of such person.
    (3) When an open hopper type barge is in an exposed position, such 
that protection from swamping provided by adjoining barges cannot be 
obtained from location within the two alone, it shall be the 
responsibility of the person in charge of the towing vessel to control 
speed so as to insure protection against diving and swamping of the 
barge, having due regard to its design and freeboard, and to the 
operating conditions.
    (d) To show that special operating requirements apply to a specific 
open hopper type barge, additional placards or signs shall be displayed 
in at least four different locations on the barge when the cargoes 
described in paragraph (a) of this section are carried in any form in 
the cargo tanks. The placards or signs shall be posted on the barge 
approximately amidships on each side and near the centerline of each

[[Page 475]]

end, facing outboard. Racks, or other suitable means, for mounting such 
placards or signs shall be so arranged as to provide clear visibility 
and shall be protected from becoming readily damaged or obscured. The 
placards or signs shall be at least equal in dimensions to the DOT 
standard tank car ``Dangerous'' placard (10\3/4\ inches square or 
larger), and shall display a circle (10 inches in diameter or larger) 
with alternating quadrants of white and red, and so mounted that the red 
quadrants are centered on the vertical axis. The shipper and/or owner of 
the barge shall be responsible for the installation of the required 
placards or signs, including maintenance of them while such barge is in 
temporary storage with cargo aboard. The person in charge of the towing 
vessel shall be responsible for the continued maintenance of the 
placards or signs while such barge is in transit.

[CGFR 65-50, 30 FR 16704, Dec. 30, 1965, as amended by CGFR 70-10, 35 FR 
3709, Feb. 25, 1970; CGD 86-033, 53 FR 36024, Sept. 16, 1988]