64586 Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Rules and Regulations 

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: Final rule. 

SUMMARY: The Coast Guard is 

harmonizing its regulations with 

amendments to Chapter VI and Chapter 

VII of the International Maritime 

Organization (IMO) 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, comply 

with the IMSBC Code. The Coast Guard 

is amending 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. The 

amended Coast Guard regulations 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 changes reduce the need 

for the current special permits required 

for the carriage of certain solid 

hazardous materials in bulk. 

DATES: This final rule is effective 

January 1, 2011. The Coast Guard will 

not enforce collection of information 

requirements contained in this rule 

until the information collection is 

approved by the Office of Management 

and Budget (OMB), and the Coast Guard 

will publish a document in the Federal 

Register announcing approval of the 

information collection. The 

incorporation by reference of certain 

publications listed in the rule is 

approved by the Director of the Federal 

Register as of January 1, 2011. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2009–0091 and are 

available for inspection or copying at 

the 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, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. You may also 

find this docket on the Internet by going 

to http://www.regulations.gov, inserting 

USCG–2009–0091 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Richard Bornhorst, Office of 

Operating and Environmental 

Standards, Hazardous Materials 

Standards Division (CG–5223), Coast 

Guard, telephone 202–372–1426, e-mail 

Richard.C.Bornhorst@uscg.mil. 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. Abbreviations 

II. Regulatory History 

III. Basis and Purpose 

IV. Background 

V. Discussion of Comments and Changes 

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. Abbreviations 

ACGIH American Conference of 

Governmental Industrial Hygienists 

BC Code Code of Safe Practice for Solid 

Bulk Cargoes 

BCSN Bulk Cargo Shipping Name 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

DRI Direct Reduced Iron 

FR Federal Register 

IMO International Maritime Organization 

IMSBC Code International Maritime Solid 

Bulk Cargoes Code 

LFL Lower Flammability Limit 

LSA Low Specific Activity 

MISLE Marine Information for Safety and 

Law Enforcement 

MHB Materials Hazardous only in Bulk 

MSDS Material Safety Data Sheet 

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 

OMB Office of Management and Budget 

PDM Potentially Dangerous Material 

RQ Reportable Quantity 

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 

II. Regulatory History 

On June 17, 2010, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Bulk Solid Hazardous 

Materials: Harmonization with the 

International Maritime Solid Bulk 

Cargoes (IMSBC) Code; Notice of 

proposed rulemaking’’ in the Federal 

Register (75 FR 34574). We also 

published a correction on June 18, 2010, 

addressing the environmental analysis 

checklist (75 FR 34682). We received 

one comment letter containing two 

comments regarding the NPRM. No 

public meeting was requested and none 

was held. 

This rulemaking is related to a 

previous rulemaking (docket number: 

CGD 87–069) that the Coast Guard 

closed in 1995. The 1989 advance 

NPRM (54 FR 18308), 1994 NPRM (59 

FR 17418) and public comments 

thereon, and the 1995 termination of the 

rulemaking (60 FR 18793) are all 

discussed in detail in the June 17, 2010, 

NPRM that preceded this final rule (75 

FR 34574). 

III. Basis and Purpose 

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 is promulgating these 

regulations to 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. 

The Coast Guard initiated this 

rulemaking to address international 

requirements for the carriage of 

hazardous materials in international 

maritime commerce, including 

requirements coming into effect on 

January 1, 2011, and to alleviate the 

burden on the public and the Coast 

Guard caused by the need to obtain and 

maintain special permits for the carriage 

of 30 solid cargoes not previously 

included in Coast Guard regulations. In 

order to address these concerns, this 


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rule implements international 

requirements, such as requirements that 

vessels carry oxygen analysis and gas 

detection equipment, and allows the use 

of the international standard—the 

IMSBC Code—as an equivalent form of 

compliance with domestic regulations. 

The rule also updates Coast Guard 

regulations to include cargoes that 

previously had to be transported under 

special permit, thereby reducing the 

burden on the public and on the Coast 

Guard. 

IV. Background 

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, among other things, 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). Prior to 

this rulemaking, the list did not cover 

30 solid cargoes that are now shipped in 

bulk by vessel and that require special 

handling procedures to ensure safety in 

transportation. The Coast Guard 

therefore has issued special permits 

specifying conditions under which 

vessels may transport these additional 

bulk solid cargoes. Maintaining these 

special permits placed a burden on the 

Coast Guard and the regulated 

community. 

In addition to the need to update the 

list of permitted cargoes, changes to 

international requirements necessitated 

this rulemaking. The carriage of 

hazardous materials in international 

maritime commerce is now governed by 

Chapter VII of 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. The IMSBC 

Code, formerly known as the BC 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 become mandatory on January 

1, 2011, and several countries have 

already adopted the Code, in whole or 

in part, as national regulation. Countries 

that are signatory 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 also are regulated by 

the Coast Guard under 46 CFR part 148, 

under either the list of permitted 

cargoes or the terms of a special permit. 

V. Discussion of Comments and 

Changes 

The Coast Guard received only one 

public comment letter containing two 

comments regarding the June 17, 2010, 

NPRM. That letter focused ‘‘specifically 

to proposed changes related to sulphur’’ 

and indicated the commenter ‘‘fully 

supports the U.S. Coast Guard’s 

proposed changes’’ to Parts 97 and 148. 

The commenter also indicated its 

‘‘support of transportation regulations 

and reasonable requirements that are 

based on technical and factual 

information and improve public safety.’’ 

The Coast Guard appreciates the 

commenter’s support. 

After receiving these supportive 

comments, and taking into account the 

extensive discussion and public 

comment that preceded this rule, which 

is described above and in the June 17, 

2010, NPRM, the Coast Guard adopts 

the proposed rule as final without 

substantive change. For a complete 

discussion of the rule, please see the 

discussion included in the NPRM. We 

have made nonsubstantive changes, 

however, to correct grammar, internal 

paragraph references, and a temperature 

conversion error, as discussed below. 

Specifically, we made minor 

grammatical corrections in §§ 148.1(b), 

148.8, 148.115(a), and 148.155(b)(3), 

and minor punctuation changes in 

§§ 148.415, 148.420, and 148.445. We 

updated § 148.8 (‘‘Incorporation by 

Reference’’) to standardize the format, 

update addresses, and indicate the 

specific paragraphs in which the 

incorporated standards are referenced, 

give the complete title of the IMO’s 

publication of the IMSBC Code, and 

specifically note that the supplemental 

materials included in the IMO 

publication are not incorporated by this 

rule. 

In § 148.26(b), the NPRM had referred 

the reader to information required in 

§ 148.90, but § 148.90 does not require 

any information: we corrected that 

internal reference to read § 148.60, 

which is the section that discusses 

information required to be provided to 

the master. 

In §§ 148.150(d) and 148.265(f), we 

corrected an error in converting Celsius 

to Fahrenheit. When referring to a 

temperature 5 °C above ambient 

temperature, the proposed rule 

erroneously gave the Fahrenheit 

conversion as ‘‘5 °C (41 °F).’’ Although 

a temperature of 5 °C is equivalent to a 

temperature of 41 °F, an incremental 

change of 5 °C is equivalent to a change 

of 9 °F. A temperature 5 °C above 

ambient temperature would be 9 °F 

above ambient temperature, and we 

have corrected the regulatory text to 

read ‘‘5 °C (9 °F).’’ 

Finally, in § 148.240(m) we corrected 

two internal paragraph references. The 

proposed text described frequency of 

monitoring required by paragraph (l) of 

this section, which was incorrect 

because monitoring is required by 

paragraph (f). Similarly, the proposed 

§ 148.240(m)(3) referred to paragraphs 

(n)(1) and (n)(2), which was incorrect 

because there was no proposed 

paragraph (n); the correct reference is to 

paragraphs (m)(1) and (m)(2). 

VI. Incorporation by Reference 

The Director of the Federal Register 

has approved the material in § 148.8 for 

incorporation by reference under 5 

U.S.C. 552 and 1 CFR part 51. Copies of 

the material are available from the 

sources listed in that section. 

VII. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

A. Regulatory Planning and Review 

Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ 58 FR 51735, 

October 4, 1993, requires a 

determination whether a regulatory 

action is ‘‘significant’’ and therefore 

subject to review by OMB and subject to 

the requirements of the Executive Order. 

This rulemaking is not significant under 

Executive Order 12866 and has not been 

reviewed by OMB. 

Public comments on the NPRM are 

summarized in Part V of this preamble. 

We received one letter containing two 

supportive public comments, and have 

made no changes that would alter our 

assessment of impacts in the NPRM. We 

have found no additional data or 

information that would change our 

findings in the NPRM. We have adopted 

the analysis in the NPRM for this rule 


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1See http://www.sba.gov/idc/groups/public/

documents/sba_homepage/serv_sstd_tablepdf.pdf 

(Effective August 22, 2008). 

as final. A summary of the analysis 

follows: 

The Coast Guard is harmonizing 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 comply with the IMSBC Code. 

This rule also amends the Coast Guard 

regulations governing the carriage of 

solid hazardous materials in bulk to 

allow the use of the IMSBC Code as an 

equivalent form of compliance. Changes 

to the Coast Guard regulations 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 changes will reduce the 

need for the current special permits 

required for the carriage of certain solid 

hazardous materials in bulk and may 

result in a cost savings for industry. 

Based on information from the Coast 

Guard’s Marine Information for Safety 

and Law Enforcement (MISLE) data 

system, we estimate the rule will 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. 

This rule will result in additional 

equipment, training, and operating costs 

to industry. We estimate that industry 

will incur initial (first year) costs and 

annual recurring costs as a result of this 

rule. We estimate these costs vary over 

time and by vessel operations (see the 

Regulatory Analysis and Initial 

Regulatory Flexibility Analysis available 

in the docket for additional details). 

Over a 10-year period, we estimate 

total net present value costs of the rule 

to be $57.2 million at a 7 percent 

discount rate. We estimate the 

annualized costs to be $8.1 million at a 

7 percent discount rate. 

The benefits of this rule include a 

reduction in the risks associated with 

off-gassing and self-heating cargoes. 

These standards are comprehensive 

safety requirements that align with 

international convention (the IMSBC 

Code, implemented by SOLAS), and are 

intended to increase information 

dissemination regarding the safe 

handling of hazardous cargoes. 

These safety standards 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 rule will also improve the 

efficiency of government by reducing 

the administrative costs associated with 

special permits. 

B. Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612) (RFA), we have 

considered whether this rule has 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 fewer than 50,000. 

We prepared an Initial Regulatory 

Flexibility Analysis (IRFA) for the 

NPRM that discussed the impacts on 

small entities (a combined ‘‘Regulatory 

Assessment and Initial Regulatory 

Flexibility Analysis’’ report is available 

in the docket where indicated under 

ADDRESSES). We received no comments 

on the IRFA. As previously discussed in 

Part V of this preamble, we received one 

letter containing two supportive public 

comments and have made no changes 

that would alter our assessment of 

impacts in the NPRM. 

Under section 604(a) of the RFA, the 

Coast Guard prepared this Final 

Regulatory Flexibility Analysis (FRFA). 

Section 604(a) of the RFA provides the 

content of the FRFA, which we discuss 

below— 

(1) A succinct statement of the need 

for, and objectives of, the rule. 

Coast Guard response: We initiated 

this rulemaking to address international 

requirements for the carriage of 

hazardous materials in international 

maritime commerce, including 

requirements coming into effect on 

January 1, 2011, and to alleviate the 

burden on the public and the Coast 

Guard caused by the need to maintain 

special permits for the carriage of 30 

solid cargoes not previously included in 

Coast Guard regulations. In order to 

address these concerns, this rule 

implements international requirements, 

such as requirements that vessels carry 

oxygen analysis and gas detection 

equipment, and allows the use of the 

IMSBC Code as an equivalent form of 

compliance with domestic regulations. 

The rule also updates Coast Guard 

regulations to include cargoes that 

previously had to be transported under 

special permit, thereby reducing the 

burden on the public and on the Coast 

Guard. 

(2) A summary of the significant 

issues raised by the public comments in 

response to the IRFA, a summary of the 

assessment of the agency of such issues, 

and a statement of any changes made in 

the proposed rule as a result of such 

comments. 

Coast Guard response: Public 

comments on the NPRM are 

summarized in Part V of the Final Rule. 

We received one letter containing two 

supportive public comments. We 

received no public comments on the 

IRFA and have made no changes that 

would alter our assessment of impacts 

in the NPRM. We have found no 

additional data or information that 

would change our findings in the 

NPRM. 

(3) A description of and an estimate 

of the number of small entities to which 

the rule will apply or an explanation of 

why no such estimate is available. 

Coast Guard response: Based on data 

from the Coast Guard’s Marine 

Information for Safety and Law 

Enforcement (MISLE) database and 

public and proprietary data sources for 

company revenue and employee size 

data, we determined that the rule will 

affect 86 entities that own 115 vessels. 

We estimate these entities are owners 

and operators of bulk carriers of 

hazardous cargo. Based on available 

data, we did not find evidence that 

small not-for-profit organizations or 

small government jurisdictions will be 

impacted by this rule. 

We found revenue and employment 

information on 33 of the 86 entities. 

Among these, eight entities are 

considered small businesses based on 

the Table of Small Business Size 

Standards established by the U.S. Small 

Business Administration (SBA).1 As 

discussed in the IRFA, we assume 

vessels with no available information 

are also likely to be small entities. 

Therefore, we estimate about 70 percent 

of the entities affected by this rule are 

small entities under SBA size standards. 

(4) A description of the projected 

reporting, recordkeeping and other 

compliance requirements of the rule, 

including an estimate of the classes of 

small entities which will be subject to 

the requirement and the type of 

professional skills necessary for 

preparation of the report or record. 

Coast Guard response: Under the 

provisions of the rule, vessels and barge 

companies will no longer submit special 

permit renewal requests to the Coast 

Guard. Handling requirements related to 

previously permitted cargoes will be 

part of 46 CFR part 148. Eliminating 

these permits will reduce the burden by 


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reducing the number of respondents, 

responses, and burden hours associated 

with permit requests. See the 

‘‘Collection of Information’’ section for 

additional detail on the type of 

information, respondents and burden 

associated with documentation 

provisions of this rule. 

(5) A description of the steps the 

agency has taken to minimize the 

significant economic impact on small 

entities consistent with the stated 

objectives of applicable statutes, 

including a statement of the factual, 

policy, and legal reasons for selecting 

the alternative adopted in the final rule 

and why each one of the other 

significant alternatives to the rule 

considered by the agency which affect 

the impact on small entities was 

rejected. 

Coast Guard response: We received 

only one public comment letter, 

containing two supportive comments on 

the proposed rule. We have not changed 

the original provisions or considered 

additional alternatives for this rule. We 

considered and evaluated four 

alternatives in the NPRM (see the 

‘‘Regulatory Assessment and Initial 

Regulatory Flexibility Analysis’’ 

available in the docket for more detail). 

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 rule so that they can 

better evaluate its effects on them and 

participate in the rule. If the rule affects 

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 rule. 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 rule will 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 special 

permit requests for hazardous solid bulk 

cargoes. 

Under the provisions of the rule, 

vessels and barge companies will no 

longer submit special permit renewal 

requests to the Coast Guard. Handling 

requirements related to previously 

permitted cargoes will be part of 46 CFR 

part 148. Eliminating these special 

permits will reduce the burden 

associated with 1625–0025 by reducing 

the number of respondents, responses, 

and burden hours associated with 

special permit requests. 

Title: Carriage of Bulk Solid Materials 

Requiring Special Handling. 

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 rule will change only the burden 

estimates associated with special 

permits. 

Need for Information: The special 

permits allow the Coast Guard to 

regulate 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. 

Use of Information: The Coast Guard 

uses this information to make a 

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 rule eliminates the need for 

all but one special permit. The total 

number of respondents will be 576. 

Number of Responses: The existing 

OMB-approved number of responses is 

771. The rule will decrease that number 

by 10. The total number of responses 

will be 761 per year as a result of a 

decrease in special permit requests. 

Frequency of Response: The rule will 

not alter the frequency of response for 

permits that remain active. Since this 

rule 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 rule 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 U.S.C. 

3507(d)), we have submitted a copy of 

this rule to the OMB for its review of the 

collection of information. 

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 


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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 (March 6, 2000).) 

This 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, because 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 one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

G. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

H. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

I. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

J. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does 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 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 rule incorporates by reference 

the IMSBC Code, which was developed 

by the IMO as a voluntary consensus 

standard, and Recommendations on the 

Transport of Dangerous Goods, Manual 

of Tests and Criteria, developed by the 

United Nations as a voluntary 

consensus standard. The sections that 

reference these voluntary consensus 

standards, and the locations where the 

standards are available, are listed in 46 

CFR 148.8. 

M. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management 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 concluded that this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded under section 2.B.2, figure 2– 

1, paragraphs (34)(a) and (d) of the 

Instruction. This rule involves 

regulations which are editorial or 

procedural and regulations concerning 

manning, documentation, 

admeasurement, inspection and 

equipping of vessels. An environmental 

analysis checklist and a categorical 

exclusion determination are available in 

the docket where indicated under 

ADDRESSES. 

List of Subjects 

46 CFR Part 97 

Cargo vessels, Marine safety, 

Navigation (water), Reporting and 

recordkeeping requirements. 

46 CFR Part 148 

Cargo vessels, Hazardous materials 

transportation, Marine safety, 

Incorporation by reference. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 46 

CFR parts 97 and 148 as follows: 

PART 97—OPERATIONS 

■ 1. The authority citation for Part 97 is 

revised to read as follows: 


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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 

§§ 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. 

§ 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. 

§ 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 § 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 § 148.60 of 

this chapter may also apply. 

§ 97.12–5 Bulk solid cargoes that may 

liquefy. 

If the information provided in 

§ 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 § 148.450 

of this chapter apply. 

■ 3. Revise § 97.55–1 to read as follows: 

§ 97.55–1 Master’s responsibility. 

Before loading bulk grain or any bulk 

solid cargo to which § 148.435 of this 

chapter applies, the master shall have 

the lighting circuits to cargo 

compartments in which the grain or 

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

panel board. 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 

Subpart A—General 

Sec. 

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. 

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); hotmolded 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 °C (131 °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 

§ 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 United States 

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 


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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. 

§ 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. 

§ 148.3 Definitions. 

As used in this part— 

A–60 class division means a division 

as defined in § 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 ° C (1,202 °F) or that have a density 

of under 5.0 g/cm3. 

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 Hazmat@comdt.uscg.mil. 

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 

Class No. Division No. (if any) Description Reference 

(49 CFR) 

1 .............. 1.1, 1.2, 1.3, 1.4, 1.5, 1.6 ......... Explosives ............................................................................................................... § 173.50 

2 .............. 2.1, 2.2, 2.3 ............................... Flammable Gas, Non-Flammable Compressed Gas, Poisonous Gas .................. § 173.115 

3 .............. .................................................... Flammable and Combustible Liquid ....................................................................... § 173.120 

4 .............. 4.1, 4.2, 4.3 ............................... Flammable Solid, Spontaneously Combustible Material, Dangerous When Wet 

Material.

§ 173.124 

5 .............. 5.1 ............................................. Oxidizer ................................................................................................................... § 173.127 

5 .............. 5.2 ............................................. Organic Peroxide .................................................................................................... § 173.128 

6 .............. 6.1 ............................................. Poisonous Materials ............................................................................................... § 173.132 

6 .............. 6.2 ............................................. Infectious Substance .............................................................................................. § 173.134 

7 .............. .................................................... Radioactive Material ............................................................................................... § 173.403 

8 .............. .................................................... Corrosive Material ................................................................................................... § 173.136 

9 .............. .................................................... Miscellaneous Hazardous Material ......................................................................... § 173.140 

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 °C (1,202 °F) or 

higher, and that have a density of 5.0 

g/cm3 (312 lb/ft3) 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 § 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. 


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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 § 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, offloading, 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. 

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. 

§ 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 § 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. 

§ 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. 

§ 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 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_regulations/

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 and Supplement, 2009 

edition (‘‘IMSBC Code’’), incorporation 

by reference, excluding supplemental 

materials, approved for §§ 148.3; 

148.5(a); 148.15(d); 148.55(b); 

148.205(b); 148.220(b) and (c); 

148.240(h); 148.450(a), (d), and (g). 

(2) [Reserved] 

(c) United Nations Publications, 2 

United Nations Plaza, Room DC2–853, 

Dept. C089, New York, NY 10017, (800) 

253–9646, http://unp.un.org. 

(1) Recommendations on the 

Transport of Dangerous Goods, Manual 

of Tests and Criteria, Fifth revised 

edition (2009) (‘‘UN Manual of Tests and 

Criteria’’), incorporation by reference 

approved for §§ 148.205(b); 148.220(b) 

and (c). 

(2) [Reserved] 

§ 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. 

§ 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 § 148.15 

of this part 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 


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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 § 148.11 of 

this part 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 ‘‘§ 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 carried with any other non-hazardous bulk solid material.Requirements specified in Table 148.10 for the listed material. 

(2) Material carried under Special Permit with any non-hazardous bulk 

solid material.

Requirements specified in the Special Permit. 

(3) Two or more materials listed in Table 148.10 .................................... Must apply for a Special Permit. 

(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 descriptions 

and bulk cargo shipping names I.D. No. 

Hazard 

class or 

division 

References 

Hazardous or potentially dangerous 

characteristics (see 

§ 148.11) 

Other characteristics 

Special 

requirements 

(§ 148.* * *) 

(1) (2) (3) (4) (5) (6) (7) 

Aluminum Ferrosilicon Powder ... UN1395 4.3, 6.1 ................... 2, 3 Fine powder or briquettes 135, 255, 

405(b), 407, 

415(a) & (e), 

420(b), 445 

Aluminum Nitrate ........................ UN1438 5.1 ................... 4 Colorless or white crystals.140 

Aluminum Silicon Powder, 

Uncoated.

UN1398 4.3 ................... 2, 3 .................................... 135, 255, 

405(b), 407 

415(a) & (e), 

420(b), 445 

Aluminum Smelting By-products 

or Aluminum Re-melting Byproducts.

UN3170 4.3 ................... 1, 2, 3 Includes aluminum dross, 

residues, spent cathodes, spent potliner, 

and skimmings.

135, 405(b), 

420(b), 445 

Ammonium Nitrate ...................... UN1942 5.1 ................... 5, 27 .................................... 140, 205, 

405(a), 407, 

410 

Ammonium Nitrate Based Fertilizer.UN2067 5.1 ................... 5, 27 .................................... 140, 205, 

405(a), 407, 

410 

Ammonium Nitrate Based Fertilizer.UN2071 9 ................... 6 Nitrogen, Phosphate, or 

Potash.

140, 220, 

405(a), 407 

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 or powder 140, 227 


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TABLE 148.10—BULK SOLID HAZARDOUS MATERIALS TABLE—Continued 

Bulk solid material descriptions 

and bulk cargo shipping names I.D. No. 

Hazard 

class or 

division 

References 

Hazardous or potentially dangerous 

characteristics (see 

§ 148.11) 

Other characteristics 

Special 

requirements 

(§ 148.* * *) 

(1) (2) (3) (4) (5) (6) (7) 

Calcium Oxide ............................ ................ .................... See Lime, 

Unslaked.

................................ .................................... ........................

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

Charcoal ..................................... ................ PDM ................... 1, 11, 12 Screenings, briquettes .... 155 

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 not 

more than 5% fines.

................ PDM ................... 1, 2, 12 Hot-molded briquettes .... 155, 250, 

420(b) 

Direct reduced iron (B) with not 

more than 5% fines.

................ PDM ................... 1, 2, 12 Lumps, pellets, and coldmolded briquettes.155, 245, 

405(b), 407, 

420(b), 445 

Environmentally Hazardous Substances, Solid, n.o.s..UN3077 9 Hazardous 

substances 

listed in 40 

CFR part 

302.

15 .................................... 150, 270 

Ferrophosphorous ...................... ................ PDM ................... 2, 3 Including briquettes ........ 155, 415(e), 

445 

Ferrosilicon with 30–90% silicon UN1408 4.3, 6.1 ................... 2, 3 .................................... 135, 255, 

405(b), 407, 

415(a) & (e), 

420(b), 445 

Ferrosilicon with 25%–30% silicon or 90% or more silicon................. PDM ................... ................................ .................................... 155, 255, 

405(b), 407, 

415 (a) & (e), 

420(b), 445 

Ferrous Sulfate ........................... ................ .................... See Environmentally 

Hazardous 

Substances, 

Solid, n.o.s.

................................ .................................... ........................

Ferrous Metal Borings, 

Shavings, Turnings, or 

Cuttings.

UN2793 4.2 ................... 11, 12 .................................... 130, 260 

Fish Meal Stabilized or Fish 

Scrap, Stabilized.

UN2216 9 ................... 11, 12 Ground and pelletized 

(mixture), anti-oxidant 

treated.

150, 265 

Fluorospar ................................... ................ PDM ................... 8, 24 .................................... 155, 440(a), 

450 

Garbage Tankage ....................... ................ .................... See Tankage ................................ .................................... ........................

Iron Oxide, Spent or Iron 

Sponge, Spent.

UN1376 4.2 ................... 3, 11, 12, 14 .................................... 130, 275, 

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 

not more than 9% moisture 

and not more than 20.5% oil.

................ PDM ................... 11, 12 .................................... 155 

Magnesia, Unslaked ................... ................ PDM ................... 1 Lightburned magnesia, 

calcined magnesite.

155, 280 

Magnesium Nitrate ..................... UN1474 5.1 ................... 4 .................................... 140 


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TABLE 148.10—BULK SOLID HAZARDOUS MATERIALS TABLE—Continued 

Bulk solid material descriptions 

and bulk cargo shipping names I.D. No. 

Hazard 

class or 

division 

References 

Hazardous or potentially dangerous 

characteristics (see 

§ 148.11) 

Other characteristics 

Special 

requirements 

(§ 148.* * *) 

(1) (2) (3) (4) (5) (6) (7) 

Metal Sulfide Concentrates ........ ................ PDM ................... 8, 11, 12, 22, 24 Solid, finely divided sulfide concentrates of 

copper, iron, lead, 

nickel, zinc, or other 

metalliferous ores.

155, 285, 450 

Peat Moss with moisture content 

of more than 65% by weight.

................ PDM ................... 8, 12, 13, 14, 24 Fine to coarse fibrous 

structure.

155, 290, 450 

Pencil Pitch ................................. ................ .................... See Pitch Prill ................................ .................................... ........................

Petroleum Coke calcined or 

uncalcined at > 55 °C (131 °F).

................ PDM ................... 11 .................................... 155, 295 

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 activity ........ 145, 300 

Radioactive Material ................... UN2913 7 ................... 17 Surface contaminated 

objects.

145, 300 

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 expelled or 

solvent extractions.

130, 310 

Seed Cake .................................. UN2217 4.2 ................... 12, 19 Solvent extractions ......... 130, 310 

Silicomanganese with silicon 

content of 25% or more.

................ PDM ................... 2, 3, 12 With known hazard profile or known to evolve 

gases.

155, 405(b), 

407, 415(a) & 

(d), 420(b), 

445 

Sodium Nitrate ............................ UN1498 5.1 ................... 4 .................................... 140 

Sodium Nitrate and Potassium 

Nitrate Mixture.

UN1499 5.1 ................... 4 Mixtures prepared as fertilizer.140 

Steel Swarf ................................. ................ .................... See Ferrous 

Metal Borings, 

Shavings, 

Turnings, or 

Cuttings.

................................ .................................... ........................

Sulfur .......................................... UN1350 4.1 ................... 14, 20 Lumps or coarse-grained 

powder.

125, 315, 

405(a), 407, 

435 

Sulfur .......................................... NA1350 9 ................... 14, 20 Not subject to the requirements of this subchapter when formed 

into specific shapes 

(i.e., prills, granules, 

pellets, pastiles, or 

flakes).

125, 315, 

405(a), 407, 

435 

Tankage ...................................... ................ PDM ................... 11 .................................... 155, 320 

Tankage Fertilizer ....................... ................ .................... See Tankage ................................ .................................... ........................

Vanadium Ore ............................ ................ PDM ................... 21 .................................... 155 

Wood chips, Wood Pellets, 

Wood Pulp Pellets.

................ PDM ................... 12 .................................... 155, 325 

Zinc Ashes .................................. UN1435 4.3 ................... 2, 3, 23 Includes zinc dross, residues, and skimmings.135, 330, 

405(b), 407, 

420(b), 435, 

445 


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§ 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. 

Code Hazardous or potentially dangerous 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. 

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 § 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 § 148.270. 

24 ............................ Cargo subject to liquefaction. 

25 ............................ Subject to liquefaction if average particle size of cargo is less than 10 mm (.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. 

§ 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 

§ 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 § 148.3 of this part. 

(b) If the material meets any of the 

definitions described in paragraph (a) of 

this section, 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 § 148.8) 

may be used in lieu of a special permit. 

§ 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 § 148.21(a), (f), and (g) of this 

part. 

§ 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 


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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). 

§ 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; 

(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. 

§ 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 § 148.60 of 

this part 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 § 148.70 of this part. 

(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 § 148.62 of this part. 

§ 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 

§ 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. 

§ 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. 

§ 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 § 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 § 148.330 of this 

part. 

(3) Exemptions granted by other 

competent authorities in accordance 

with the IMSBC Code must be approved 

by the Commandant (CG–5223) in 

accordance with § 148.5 of this part. 

(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). 

§ 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; 


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(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.’’ 

§ 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. 

§ 148.62 Location of shipping papers and 

emergency response information. 

(a) The shipping paper and emergency 

response information required by 

§§ 148.60 and 148.61 of this part must 

be kept on board the vessel along with 

the dangerous cargo manifest required 

by § 148.70 of this part. 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 

a barge must be on, or attached to, the 

shipping paper. See Subparts E and F of 

this part for required certifications. 

§ 148.70 Dangerous cargo manifest; 

general. 

(a) Except as provided in paragraph 

(b) of this section and in § 148.72 of this 

part, 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. 

§ 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. 

§ 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, § 148.71(d) of this 

part does not apply, unless the barge has 

more than one cargo compartment. 

§ 148.80 Supervision of cargo transfer. 

The master must ensure that cargo 

transfer operations are supervised by a 

responsible person as defined in § 148.3 

of this part. 

§ 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. 

§ 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 § 148.3 of this part. 

§ 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. 

§ 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. 

§ 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. 


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§ 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 

Captain of the Port 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 

§ 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 

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 and potential dangerous material ............................................................. 9/PDM X X X X X 2 X X 

Numbers and symbols indicate the following terms as defined in § 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

Packaged hazardous material 

Bulk solid material 

Class 4.1 4.2 4.3 5.1 6.1 7 8 9/PDM 

Explosives ........................................................................ 1.1 

1.2 

1.5 

4 4 4 4 2 2 4 X 

Explosives ........................................................................ 1.3 

1.6 

3 3 4 4 2 2 2 X 

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 § 148.3 of this part: 

1—‘‘Away from’’. 

2—‘‘Separated from’’. 

3—‘‘Separated by a complete hold or compartment from’’. 


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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. 

§ 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. 

§ 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 

sealed against the passage of gas and 

vapor. 

§ 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. 

§ 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. 

§ 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] 

§ 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 §§ 148.120 and 

148.140 of this part 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 §§ 148.120 and 148.130 of 

this part. In addition, its temperature at 

loading must not exceed 35 °C (95 °F), 

or 5 °C (9 °F) above ambient 

temperature, whichever is higher. 

(e) Sulfur must be stowed and 

segregated as required under §§ 148.120 

and 148.125 of this part for a material 

of Class 4.1. 

§ 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) Coal 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. 


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TABLE 148.155—STOWAGE AND SEGREGATION REQUIREMENTS FOR POTENTIALLY DANGEROUS MATERIAL

Potentially dangerous 

material 

Segregate 

as for class 

listed 1

‘‘Separate 

from’’ foodstuffs 

Load only 

under dry 

weather 

conditions 

Keep dry 

Mechanical 

ventilation 

required 

‘‘Separate from’’ material listed Special provisions 

Aluminum Smelting 

By-products or Aluminum Re-melting 

Byproducts.

4.3 X X X X Class 8 liquids 

Brown Coal Briquettes..................... .................... .................... .................... .................... See paragraph (b) of 

this section.

See paragraph (b) of 

this section. 

Charcoal .................... 4.1 .................... .................... X .................... Oily materials 

Coal ........................... .................... .................... .................... .................... .................... See paragraph (b) of 

this section.

See paragraph (b) of 

this section. 

Direct reduced iron 

(A).

.................... .................... .................... .................... .................... See paragraph (c) of 

this section.

See paragraph (c) of 

this section. 

Direct reduced iron 

(B).

.................... .................... .................... .................... .................... See paragraph (c) of 

this section.

See paragraph (c) of 

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.

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 .................... .................... .................... ....................

1See Tables 148.120A and B. 

Subpart E—Special Requirements for 

Certain Materials 

§ 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. 

§ 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, nonsegregating 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 § 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 § 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; 


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(3) Each cargo hatch must be 

weathertight as defined in § 42.13–10 of 

this chapter; 

(4) The temperature of the material 

must be less than 55 °C (131 °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 § 148.140 of this part, 

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. 

§ 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. 

(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 § 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 § 148.8), it has a selfsustaining 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 

§§ 148.140 and 148.220(d) of this part. 

§ 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. 

§ 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. 

§ 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 § 148.60 of this part and the 

dangerous cargo manifest requirements 

in § 148.70 of this part do not apply to 

the transportation of unslaked lime 

under paragraph (a) of this section. 

§ 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. 

§ 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 selfunloading 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°–100 °C (32 °–212 °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: 


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(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 § 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 

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 °C (131 °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 (f) 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 (m)(1) and (m)(2) of this 

section. 

§ 148.242 Copra. 

Copra must have surface ventilation. 

It must not be stowed against heated 

surfaces including fuel oil tanks which 

may require heating. 

§ 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 coldmolded 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 °C (150 

°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 coldmolded 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. 

§ 148.250 Direct reduced iron (DRI); hotmolded 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. 


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(d) DRI hot-molded briquettes may 

not be loaded if their temperature is 

greater than 65 °C (150 °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 hotmolded 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. 

§ 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 

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. 

§ 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 °C (131 

°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 °C (131 °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 °C 

(200 °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 °C 

(190 °F) or less. 

(e) After loading ferrous metal— 

(1) If the temperature of the ferrous 

metal in each hold is 65 °C (150 °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 °C 

(150 °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 °C 

(190 °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 °C (150 °F), the 

master must notify the nearest Coast 

Guard Captain of the Port as soon as 

possible of— 


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64606 Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Rules and Regulations 

(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 °C (150 

°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. 

§ 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 tocopherolbased 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 

°C (95 °F), or 5 °C (9 °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; 

(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 °C (131 °F) and 

continues to increase, ventilation to the 

hold must be restricted. This paragraph 

does not apply to shipments by 

unmanned barge. 

§ 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 151.55 

through 151.77 and the applicable 

regulations of 40 CFR subchapter I. 

§ 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. 

§ 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 § 148.60 of this part and the 

dangerous cargo manifest requirements 

in § 148.70 of this part do not apply to 

unslaked magnesia transported under 

the requirements of paragraph (b) of this 

section. 

§ 148.285 Metal sulfide concentrates. 

(a) When information given by the 

shipper under § 148.60 of this part 

indicates that the metal sulfide 

concentrate may generate toxic or 

flammable gases, the appropriate gas 

detection equipment from §§ 148.415 

and 148.420 of this part 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. 

§ 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. 

§ 148.295 Petroleum coke, calcined or 

uncalcined, at 55 ≥C (131 ≥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 °C (131 °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 °C (225 °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 °C 

(131 °F) or above may be loaded into a 

hold over a tank containing fuel or 

material having a flashpoint of less than 

93 °C (200 °F), a 0.6 to 1.0 meter (2 to 

3 foot) layer of the petroleum coke at a 

temperature not greater than 43 °C (110 

°F) must first be loaded. 


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(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 °C (131 °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 °C (131 

°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. 

§ 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 cm2, does 

not exceed the following levels: 

(1) 4.0 Bq/cm2 (10¥4 uCi/cm2;) for 

beta and gamma emitters and low 

toxicity alpha emitters, natural uranium, 

natural thorium, uranium-235, uranium238, 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/cm2 (10¥5 uCi/cm2) for all 

other alpha emitters. 

§ 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 solventextracted, 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 °C (131 °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 solventextracted, 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. 

§ 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 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 sparkarresting screen. 

§ 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 °C (100 °F). 

(c) During the voyage, the temperature 

of the tankage must be monitored often 

enough to detect spontaneous heating. 

§ 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 selfcontained breathing apparatus. 

§ 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 °C (52 °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— 


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64608 Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Rules and Regulations 

(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 °C (131 °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 °C (150 °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 

§ 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. 

§ 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 arcproducing 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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 § 148.420 of this part. 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 


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Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Rules and Regulations 64609 

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. 

§ 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 

§ 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 § 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. 

(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 § 148.8). 

Dated: October 4, 2010. 

J.G. Lantz, 

Director of Commercial Regulations and 

Standards, U.S. Coast Guard. 

[FR Doc. 2010–25383 Filed 10–18–10; 8:45 am] 

BILLING CODE 9110–04–P 


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