[Federal Register Volume 75, Number 201 (Tuesday, October 19, 2010)]
[Rules and Regulations]
[Pages 64586-64609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25383]



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Part IV





Department of Homeland Security





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Coast Guard



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46 CFR Parts 97 and 148



Bulk Solid Hazardous Materials: Harmonization With the International 
Maritime Solid Bulk Cargoes (IMSBC) Code; Final Rule

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

[[Page 64586]]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 97 and 148

[Docket No. USCG-2009-0091]
RIN 1625-AB47


Bulk Solid Hazardous Materials: Harmonization With the 
International Maritime Solid Bulk Cargoes (IMSBC) Code

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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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 <a href="/cdn-cgi/l/email-protection#41132822292033256f026f032e332f292e33323501343222266f2c282d"><span class="__cf_email__" data-cfemail="b9ebd0dad1d8cbdd97fa97fbd6cbd7d1d6cbcacdf9cccadade97d4d0d5">[email protected]</span></a>. 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

[[Page 64587]]

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 Sec. Sec.  
148.1(b), 148.8, 148.115(a), and 148.155(b)(3), and minor punctuation 
changes in Sec. Sec.  148.415, 148.420, and 148.445. We updated Sec.  
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 Sec.  148.26(b), the NPRM had referred the reader to information 
required in Sec.  148.90, but Sec.  148.90 does not require any 
information: we corrected that internal reference to read Sec.  148.60, 
which is the section that discusses information required to be provided 
to the master.
    In Sec. Sec.  148.150(d) and 148.265(f), we corrected an error in 
converting Celsius to Fahrenheit. When referring to a temperature 5 
[deg]C above ambient temperature, the proposed rule erroneously gave 
the Fahrenheit conversion as ``5 [deg]C (41 [deg]F).'' Although a 
temperature of 5 [deg]C is equivalent to a temperature of 41 [deg]F, an 
incremental change of 5 [deg]C is equivalent to a change of 9 [deg]F. A 
temperature 5 [deg]C above ambient temperature would be 9 [deg]F above 
ambient temperature, and we have corrected the regulatory text to read 
``5 [deg]C (9 [deg]F).''
    Finally, in Sec.  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 Sec.  
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 
Sec.  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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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.
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    \1\ See http://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf (Effective August 22, 2008).
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    (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

[[Page 64589]]

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

[[Page 64590]]

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.

0
For the reasons discussed in the preamble, the Coast Guard amends 46 
CFR parts 97 and 148 as follows:

PART 97--OPERATIONS

0
1. The authority citation for Part 97 is revised to read as follows:


[[Page 64591]]


    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.



0
2. Revise Subpart 97.12, consisting of Sec. Sec.  97.12-1 through 
97.12-5, to read as follows:

Subpart 97.12--Bulk Solid Cargoes

Sec.
97.12-1 Definition of a bulk solid cargo.
97.12-3 Guidance for the master.
97.12-5 Bulk solid cargoes that may liquefy.


Sec.  97.12-1  Definition of a bulk solid cargo.

    (a) A bulk solid cargo--
    (1) Consists of particles, granules, or larger pieces of material 
generally uniform in composition;
    (2) Is not grain; and
    (3) Is loaded directly into a vessel's cargo space with no 
intermediate form of containment.
    (b) Additional requirements for bulk solid materials needing 
special handling are contained in Part 148 of this chapter.


Sec.  97.12-3  Guidance for the master.

    (a) The owner or operator of a vessel must provide the master with 
safe loading and stowage information for each bulk solid cargo that 
vessel will carry.
    (b) The shipper of a bulk solid cargo, as defined in Sec.  148.3 of 
this chapter, must provide the master of a vessel with information 
regarding the nature of the cargo in advance of loading operations. 
Additional requirements in Sec.  148.60 of this chapter may also apply.


Sec.  97.12-5  Bulk solid cargoes that may liquefy.

    If the information provided in Sec.  97.12-3(a) or (b) indicates 
that the bulk solid cargo to be carried is prone to liquefy during 
carriage, due to small particle sizes and moisture content, then the 
requirements contained in Sec.  148.450 of this chapter apply.
0
3. Revise Sec.  97.55-1 to read as follows:


Sec.  97.55-1  Master's responsibility.

    Before loading bulk grain or any bulk solid cargo to which Sec.  
148.435 of this chapter applies, the master shall have the lighting 
circuits to cargo compartments in which the grain or bulk solid cargo 
is to be loaded de-energized at the distribution panel or panel board. 
He shall thereafter have periodic inspections made of the panel or 
panel board as frequently as necessary to ascertain that the affected 
circuits remain de-energized while this bulk cargo remains within the 
vessel.

0
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); hot-molded briquettes.
148.255 Ferrosilicon, aluminum ferrosilicon, and aluminum silicon 
containing more than 30% but less than 90% silicon.
148.260 Ferrous metal.
148.265 Fish meal or fish scrap.
148.270 Hazardous substances.
148.275 Iron oxide, spent; iron sponge, spent.
148.280 Magnesia, unslaked (lightburned magnesia, calcined 
magnesite, caustic calcined magnesite).
148.285 Metal sulfide concentrates.
148.290 Peat moss.
148.295 Petroleum coke, calcined or uncalcined, at 55 [deg]C (131 
[deg]F) or above.
148.300 Radioactive materials.
148.310 Seed cake.
148.315 Sulfur.
148.320 Tankage; garbage tankage; rough ammonia tankage; or tankage 
fertilizer.
148.325 Wood chips; wood pellets; wood pulp pellets.
148.330 Zinc ashes; zinc dross; zinc residues; zinc skimmings.
Subpart F--Additional Special Requirements
148.400 Applicability.
148.405 Sources of ignition.
148.407 Smoking.
148.410 Fire hoses.
148.415 Toxic gas analyzers.
148.420 Flammable gas analyzers.
148.435 Electrical circuits in cargo holds.
148.445 Adjacent spaces.
148.450 Cargoes subject to liquefaction.

    Authority:  33 U.S.C. 1602; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; 46 U.S.C. 3306, 5111; 49 U.S.C. 5103; Department of 
Homeland Security Delegation No. 0170.1.

Subpart A--General


Sec.  148.1  Purpose and applicability.

    (a) This part prescribes special handling procedures for certain 
solid materials that present hazards when transported in bulk by 
vessel.
    (b) Except as noted in paragraph (c) of this section, this part 
applies to all domestic and foreign vessels in the navigable waters of 
the 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

[[Page 64592]]

Material (PDM) found in Table 148.10 of this part. All barges on 
international voyages must follow the requirements for PDM.
    (d) The regulations in this part have preemptive impact over State 
law on the same subject. The Coast Guard has determined, after 
considering the factors developed by the Supreme Court in U.S. v. 
Locke, 529 U.S. 89 (2000), that in directing the Secretary to regulate 
the safe transportation of hazardous material and the safety of 
individuals and property on board vessels subject to inspection, as 
well as the provision of loading information, Congress intended to 
preempt the field of safety standards for solid materials requiring 
special handling when transported in bulk on vessels.


Sec.  148.2  Responsibility and compliance.

    Each master of a vessel, person in charge of a barge, owner, 
operator, shipper, charterer, or agent must ensure compliance with this 
part. These persons are also responsible for communicating requirements 
to every person performing any function covered by this part.


Sec.  148.3  Definitions.

    As used in this part--
    A-60 class division means a division as defined in Sec.  32.57-5 of 
this chapter.
    Adjacent space means any enclosed space on a vessel, such as a 
cargo hold, cargo compartment, accommodation space, working space, 
storeroom, passageway, or tunnel, that shares a common bulkhead or deck 
with a hatch, door, scuttle, cable fitting or other penetration, with a 
cargo hold or compartment containing a material listed in Table 148.10 
of this part.
    Away from means a horizontal separation of at least 3 meters (10 
feet) projected vertically is maintained between incompatible materials 
carried in the same hold or on deck.
    Bulk applies to any solid material, consisting of a combination of 
particles, granules, or any larger pieces of material generally uniform 
in composition, that is loaded directly into the cargo spaces of a 
vessel without any intermediate form of containment.
    Bulk Cargo Shipping Name or BCSN identifies a bulk solid material 
during transport by sea. When a cargo is listed in this Part, the BCSN 
of the cargo is identified by Roman type and is listed in Column 1 of 
Table 148.10 of this part. When the cargo is a hazardous material, as 
defined in 49 CFR part 173, the proper shipping name of that material 
is the BCSN.
    Cold-molded briquettes are briquettes of direct reduced iron (DRI) 
that have been molded at a temperature of under 650 [deg] C (1,202 
[deg]F) or that have a density of under 5.0 g/cm[sup3].
    Commandant (CG-5223) means the Chief, Hazardous Materials Standards 
Division of the Office of Operating and Environmental Standards, United 
States Coast Guard, 2100 2nd St., SW., Stop 7126, Washington, DC 20593-
7126. CG-5223 can be contacted at 202-372-1420 or 
<a href="/cdn-cgi/l/email-protection#de96bfa4b3bfaa9ebdb1b3baaaf0abadbdb9f0b3b7b2"><span class="__cf_email__" data-cfemail="0a426b70676b7e4a6965676e7e247f79696d24676366">[email protected]</span></a>.
    Compartment means any space on a vessel that is enclosed by the 
vessel's decks and its sides or permanent steel bulkheads.
    Competent authority means a national agency responsible under its 
national law for the control or regulation of a particular aspect of 
the transportation of hazardous materials.
    Confined space means a cargo hold containing a material listed in 
Table 148.10 of this part or an adjacent space not designed for human 
occupancy.
    Domestic voyage means transportation between places within the 
United States other than through a foreign country.
    Hazard class means the category of hazard assigned to a material 
under this part and 49 CFR parts 171 through 173.

Hazard Class Definitions

 Hazard Classes Used in This Part Are Defined in the Following Sections
                               of Title 49
------------------------------------------------------------------------
                 Division No. (if                          Reference (49
   Class No.           any)             Description            CFR)
------------------------------------------------------------------------
1.............  1.1, 1.2, 1.3,     Explosives...........   Sec.   173.50
                 1.4, 1.5, 1.6.
2.............  2.1, 2.2, 2.3....  Flammable Gas, Non-    Sec.   173.115
                                    Flammable Compressed
                                    Gas, Poisonous Gas.
3.............  .................  Flammable and          Sec.   173.120
                                    Combustible Liquid.
4.............  4.1, 4.2, 4.3....  Flammable Solid,       Sec.   173.124
                                    Spontaneously
                                    Combustible
                                    Material, Dangerous
                                    When Wet Material.
5.............  5.1..............  Oxidizer.............  Sec.   173.127
5.............  5.2..............  Organic Peroxide.....  Sec.   173.128
6.............  6.1..............  Poisonous Materials..  Sec.   173.132
6.............  6.2..............  Infectious Substance.  Sec.   173.134
7.............  .................  Radioactive Material.  Sec.   173.403
8.............  .................  Corrosive Material...  Sec.   173.136
9.............  .................  Miscellaneous          Sec.   173.140
                                    Hazardous Material.
------------------------------------------------------------------------

    Hazardous substance is a hazardous substance as defined in 49 CFR 
171.8.
    Hold means a compartment below deck that is used exclusively for 
the stowage of cargo.
    Hot-molded briquettes are briquettes of DRI that have been molded 
at a temperature of 650 [deg]C (1,202 [deg]F) or higher, and that have 
a density of 5.0 g/cm[sup3] (312 lb/ft[sup3]) or greater.
    IMSBC Code means the English version of the ``International 
Maritime Solid Bulk Cargoes Code'' published by the International 
Maritime Organization (incorporated by reference, see Sec.  148.8).
    Incompatible materials means two materials whose stowage together 
may result in undue hazards in the case of leakage, spillage, or other 
accident.
    International voyage means voyages--
    (1) Between any place in the United States and any place in a 
foreign country;
    (2) Between places in the United States through a foreign country; 
or
    (3) Between places in one or more foreign countries through the 
United States.
    Lower flammability limit or LFL means the lowest concentration of a 
material or gas that will propagate a flame. The LFL is usually 
expressed as a percent by volume of a material or gas in air.
    Master means the officer having command of a vessel. The functions 
assigned to the master in this part may also be performed by a 
representative of the master or by a person in charge of a barge.
    Material safety data sheet or MSDS is as defined in 29 CFR 
1910.1200.
    Person in charge of a barge means an individual designated by the 
owner or operator of a barge to have charge of the barge.

[[Page 64593]]

    Potentially Dangerous Material or PDM means a material that does 
not fall into a particular hazard class but can present a danger when 
carried in bulk aboard a vessel. The dangers often result from the 
material's tendency to self-heat or cause oxygen depletion. Materials 
that present a potential danger due solely to their tendency to shift 
in the cargo hold are not PDMs. For international shipments prepared in 
accordance with the IMSBC Code (incorporated by reference, see Sec.  
148.8), equivalent terminology to PDM is Material Hazardous only in 
Bulk (MHB).
    Readily combustible material means a material that may not be a 
hazardous material but that can easily ignite and support combustion. 
Examples are wood, straw, vegetable fibers, and products made from 
these materials, and coal lubricants and oils. The term does not 
include packaging material or dunnage.
    Reportable quantity or RQ means the quantity of a hazardous 
substance spilled or released that requires a report to the National 
Response Center. The specific RQs for each hazardous substance are 
available in 49 CFR 172.101, Appendix A.
    Responsible person means a knowledgeable person who the master of a 
vessel or owner or operator of a barge makes responsible for all 
decisions relating to his or her specific task.
    Seed cake means the residue remaining after vegetable oil has been 
extracted by a solvent or mechanical process from oil-bearing seeds, 
such as coconuts, cotton seed, peanuts, and linseed.
    Shipper means any person by whom, or in whose name, or on whose 
behalf, a contract of carriage of goods by sea has been concluded with 
a carrier; or any person by whom or in whose name, or on whose behalf, 
the goods are actually delivered to the carrier in relation to the 
contract of carriage by sea.
    Shipping paper means a shipping order, bill of lading, manifest, or 
other shipping document serving a similar purpose.
    Stowage factor means the volume in cubic meters of 1,000 kilograms 
(0.984 long tons) of a bulk solid material.
    Threshold limit value or TLV means the time-weighted average 
concentration of a material that the average worker can be exposed to 
over a normal eight-hour working day, day after day, without adverse 
effect. This is a trademark term of the American Conference of 
Governmental Industrial Hygienists (ACGIH).
    Transported includes the various operations associated with cargo 
transportation, such as loading, off-loading, handling, stowing, 
carrying, and conveying.
    Trimming means any leveling of a cargo within a cargo hold or 
compartment, either partial or total.
    Tripartite agreement means an agreement between the national 
administrations of the port of loading, the port of discharge, and the 
flag state of the vessel, on the conditions of carriage of a cargo.
    Ventilation means exchange of air from outside to inside a cargo 
space and includes the following types:
    (1) Continuous ventilation means ventilation that is operating at 
all times. Continuous ventilation may be either natural or mechanical;
    (2) Mechanical ventilation means power-generated ventilation;
    (3) Natural ventilation means ventilation that is not power-
generated; and
    (4) Surface ventilation means ventilation of the space above the 
cargo. Surface ventilation may be either natural or mechanical.
    Vessel means a cargo ship or barge.


Sec.  148.5  Alternative procedures.

    (a) The Commandant (CG-5223) may authorize the use of an 
alternative procedure, including exemptions to the IMSBC Code 
(incorporated by reference, see Sec.  148.8), in place of any 
requirement of this part if it is demonstrated to the satisfaction of 
the Coast Guard that the requirement is impracticable or unnecessary 
and that an equivalent level of safety can be maintained.
    (b) Each request for authorization of an alternative procedure 
must--
    (1) Be in writing;
    (2) Name the requirement for which the alternative is requested; 
and
    (3) Contain a detailed explanation of--
    (i) Why the requirement is impractical or unnecessary; and
    (ii) How an equivalent level of safety will be maintained.


Sec.  148.7  OMB control numbers assigned under the Paperwork Reduction 
Act.

    The information collection requirements in this part are approved 
by the Office of Management and Budget, and assigned OMB control number 
1625-0025.


Sec.  148.8  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in 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 Sec. Sec.  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 Sec. Sec.  
148.205(b); 148.220(b) and (c).
    (2) [Reserved]


Sec.  148.9  Right of appeal.

    Any person directly affected by enforcement of this part by or on 
behalf of the Coast Guard may appeal the decision or action under 
Subpart 1.03 of this chapter.


Sec.  148.10  Permitted materials.

    (a) A material listed in Table 148.10 of this section may be 
transported as a bulk solid cargo on a vessel if it is carried 
according to this part. A material that is not listed in Table 148.10 
of this section, but which is hazardous or a Potentially Dangerous 
Material (PDM), requires a Special Permit under Sec.  148.15 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

[[Page 64594]]

in this part pertaining to the stowage or transport of specific bulk 
solid materials. The column descriptions for Table 148.10 are defined 
as follows:
    (1) Column 1: Bulk Solid Material Descriptions and Bulk Cargo 
Shipping Names (BCSN). Column 1 lists the bulk solid material 
descriptions and the BCSNs of materials designated as hazardous or PDM. 
BCSNs are limited to those shown in Roman type. Trade names and 
additional descriptive text are shown in italics.
    (2) Column 2: I.D. Number. Column 2 lists the identification number 
assigned to each BCSN associated with a hazardous material. Those 
preceded by the letters ``UN'' are associated with BCSNs considered 
appropriate for international voyages as well as domestic voyages. 
Those preceded by the letters ``NA'' are associated with BCSNs not 
recognized for international voyages, except to and from Canada.
    (3) Column 3: Hazard Class or Division. Column 3 designates the 
hazard class or division, or PDM, as appropriate, corresponding to each 
BCSN.
    (4) Column 4: References. Column 4 refers the user to the preferred 
BCSN corresponding to bulk solid material descriptions listed in Column 
1.
    (5) Column 5: Hazardous or Potentially Dangerous Characteristics. 
Column 5 specifies codes for hazardous or potentially dangerous 
characteristics applicable to specific hazardous materials or PDMs. 
Refer to Sec.  148.11 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 ``Sec.  148.'' precedes the designated 
numerical entry.
    (c) The following requirements apply to combinations of bulk solids 
carried at the same time and in the same compartment or hold:

------------------------------------------------------------------------
  Combinations of bulk solid materials             Requirements
------------------------------------------------------------------------
(1) Material listed in Table 148.10      Requirements specified in Table
 carried with any other non-hazardous     148.10 for the listed
 bulk solid material.                     material.
(2) Material carried under Special       Requirements specified in the
 Permit with any non-hazardous bulk       Special Permit.
 solid material.
(3) Two or more materials listed in      Must apply for a Special
 Table 148.10.                            Permit.
------------------------------------------------------------------------

     (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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                              Hazardous or
                                                      Hazard                                   potentially                                    Special
 Bulk solid material descriptions and    I.D. No.    class or           References              dangerous        Other characteristics     requirements
       bulk cargo shipping names                     division                                characteristics                               (Sec.   148.*
                                                                                                (see Sec.                                      * *)
-------------------------------------------------------------------------------------------------148.11)------------------------------------------------
(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                    140
                                                                                                                crystals.
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           UN3170          4.3  .........................             1, 2, 3  Includes aluminum dross,     135, 405(b),
 Aluminum Re-melting Byproducts.                                                                                residues, spent              420(b), 445
                                                                                                                cathodes, spent
                                                                                                                potliner, and skimmings.
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         140, 220,
                                                                                                                Potash.                      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

[[Page 64595]]

 
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   .........          PDM  .........................            1, 2, 12  Hot-molded briquettes....       155, 250,
 than 5% fines.                                                                                                                                   420(b)
Direct reduced iron (B) with not more   .........          PDM  .........................            1, 2, 12  Lumps, pellets, and cold-       155, 245,
 than 5% fines.                                                                                                 molded briquettes.          405(b), 407,
                                                                                                                                             420(b), 445
Environmentally Hazardous Substances,      UN3077            9  Hazardous substances                       15  .........................        150, 270
 Solid, n.o.s..                                                  listed in 40 CFR part
                                                                 302.
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    .........          PDM  .........................  ..................  .........................       155, 255,
 90% or more silicon.                                                                                                                       405(b), 407,
                                                                                                                                          415 (a) & (e),
                                                                                                                                             420(b), 445
Ferrous Sulfate.......................  .........  ...........  See Environmentally        ..................  .........................  ..............
                                                                 Hazardous Substances,
                                                                 Solid, n.o.s.
Ferrous Metal Borings, Shavings,           UN2793          4.2  .........................              11, 12  .........................        130, 260
 Turnings, or Cuttings.
Fish Meal Stabilized or Fish Scrap,        UN2216            9  .........................              11, 12  Ground and pelletized            150, 265
 Stabilized.                                                                                                    (mixture), anti-oxidant
                                                                                                                treated.
Fluorospar............................  .........          PDM  .........................               8, 24  .........................    155, 440(a),
                                                                                                                                                     450
Garbage Tankage.......................  .........  ...........  See Tankage..............  ..................  .........................  ..............
Iron Oxide, Spent or Iron Sponge,          UN1376          4.2  .........................       3, 11, 12, 14  .........................       130, 275,
 Spent.                                                                                                                                    415(c), (d) &
                                                                                                                                                (f), 445
Iron Swarf............................  .........  ...........  See Ferrous Metal          ..................  .........................  ..............
                                                                 Borings, Shavings,
                                                                 Turnings, or Cuttings.
Lead Nitrate..........................     UN1469     5.1, 6.1  .........................        4, 7, 22, 26  .........................        140, 270
Lignite...............................  .........  ...........  See Brown Coal Briquettes  ..................  .........................  ..............
Lime, Unslaked........................  .........          PDM  .........................                   1  .........................        155, 230
Linted Cotton Seed containing not more  .........          PDM  .........................              11, 12  .........................             155
 than 9% moisture and not more than
 20.5% oil.
Magnesia, Unslaked....................  .........          PDM  .........................                   1  Lightburned magnesia,            155, 280
                                                                                                                calcined magnesite.
Magnesium Nitrate.....................     UN1474          5.1  .........................                   4  .........................             140

[[Page 64596]]

 
Metal Sulfide Concentrates............  .........          PDM  .........................   8, 11, 12, 22, 24  Solid, finely divided       155, 285, 450
                                                                                                                sulfide concentrates of
                                                                                                                copper, iron, lead,
                                                                                                                nickel, zinc, or other
                                                                                                                metalliferous ores.
Peat Moss with moisture content of      .........          PDM  .........................   8, 12, 13, 14, 24  Fine to coarse fibrous      155, 290, 450
 more than 65% by weight.                                                                                       structure.
Pencil Pitch..........................  .........  ...........  See Pitch Prill..........  ..................  .........................  ..............
Petroleum Coke calcined or uncalcined   .........          PDM  .........................                  11  .........................        155, 295
 at <ls-thn-eq> 55 [deg]C (131 [deg]F).
Pitch Prill...........................  .........          PDM  .........................              14, 16  .........................             155
Potassium Nitrate.....................     UN1486          5.1  .........................                   4  .........................             140
Prilled Coal Tar......................  .........  ...........  See Pitch Prill..........  ..................  .........................  ..............
Pyrites, Calcined.....................  .........          PDM  .........................            8, 9, 24  Fly ash..................   155, 225, 450
Pyritic ash...........................  .........  ...........  See Pyrites, Calcined....  ..................  .........................  ..............
Quicklime.............................  .........  ...........  See Lime, Unslaked.......  ..................  .........................  ..............
Radioactive Material..................     UN2912            7  .........................                  17  Low specific activity....        145, 300
Radioactive Material..................     UN2913            7  .........................                  17  Surface contaminated             145, 300
                                                                                                                objects.
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         130, 310
                                                                                                                solvent extractions.
Seed Cake.............................     UN2217          4.2  .........................              12, 19  Solvent extractions......        130, 310
Silicomanganese with silicon content    .........          PDM  .........................            2, 3, 12  With known hazard profile    155, 405(b),
 of 25% or more.                                                                                                or known to evolve gases.  407, 415(a) &
                                                                                                                                            (d), 420(b),
                                                                                                                                                     445
Sodium Nitrate........................     UN1498          5.1  .........................                   4  .........................             140
Sodium Nitrate and Potassium Nitrate       UN1499          5.1  .........................                   4  Mixtures prepared as                  140
 Mixture.                                                                                                       fertilizer.
Steel Swarf...........................  .........  ...........  See Ferrous Metal          ..................  .........................  ..............
                                                                 Borings, Shavings,
                                                                 Turnings, or Cuttings.
Sulfur................................     UN1350          4.1  .........................              14, 20  Lumps or coarse-grained         125, 315,
                                                                                                                powder.                     405(a), 407,
                                                                                                                                                     435
Sulfur................................     NA1350            9  .........................              14, 20  Not subject to the              125, 315,
                                                                                                                requirements of this        405(a), 407,
                                                                                                                subchapter when formed               435
                                                                                                                into specific shapes
                                                                                                                (i.e., prills, granules,
                                                                                                                pellets, pastiles, or
                                                                                                                flakes).
Tankage...............................  .........          PDM  .........................                  11  .........................        155, 320
Tankage Fertilizer....................  .........  ...........  See Tankage..............  ..................  .........................  ..............
Vanadium Ore..........................  .........          PDM  .........................                  21  .........................             155
Wood chips, Wood Pellets, Wood Pulp     .........          PDM  .........................                  12  .........................        155, 325
 Pellets.
Zinc Ashes............................     UN1435          4.3  .........................            2, 3, 23  Includes zinc dross,            135, 330,
                                                                                                                residues, and skimmings.    405(b), 407,
                                                                                                                                            420(b), 435,
                                                                                                                                                     445
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 64597]]

Sec.  148.11  Hazardous or potentially dangerous characteristics.

    (a) General. When Column 5 refers to a code for a hazardous 
material or PDM, the meaning of that code is set forth in this section.
    (b) Table of Hazardous or Potentially Dangerous Characteristics.

------------------------------------------------------------------------
                                     Hazardous or potentially dangerous
               Code                            characteristic
------------------------------------------------------------------------
1.................................  Contact with water may cause
                                     heating.
2.................................  Contact with water may cause
                                     evolution of flammable gases, which
                                     may form explosive mixtures with
                                     air.
3.................................  Contact with water may cause
                                     evolution of toxic gases.
4.................................  If involved in a fire, will greatly
                                     intensify the burning of
                                     combustible materials.
5.................................  A major fire aboard a vessel
                                     carrying this material may involve
                                     a risk of explosion in the event of
                                     contamination (e.g., by a fuel oil)
                                     or strong confinement. If heated
                                     strongly will decompose, giving off
                                     toxic gases that support
                                     combustion.
6.................................  These mixtures may be subject to
                                     self-sustaining decomposition if
                                     heated. Decomposition, once
                                     initiated, may spread throughout
                                     the remainder, producing gases that
                                     are toxic.
7.................................  Toxic if swallowed and by dust
                                     inhalation.
8.................................  Harmful and irritating by dust
                                     inhalation.
9.................................  Highly corrosive to steel.
10................................  Powerful allergen. Toxic by
                                     ingestion. Skin contact or
                                     inhalation of dust may cause severe
                                     irritation of skin, eyes, and
                                     mucous membranes in some people.
11................................  May be susceptible to spontaneous
                                     heating and ignition.
12................................  Liable to cause oxygen depletion in
                                     the cargo space.
13................................  Liable to emit methane gas which can
                                     form explosive mixtures with air.
14................................  Dust forms explosive mixtures with
                                     air.
15................................  May present substantial danger to
                                     the public health or welfare or the
                                     environment when released into the
                                     environment. Skin contact and dust
                                     inhalation should be avoided.
16................................  Combustible. Burns with dense black
                                     smoke. Dust may cause skin and eye
                                     irritation.
17................................  Radiation hazard from dust
                                     inhalation and contact with mucous
                                     membranes.
18................................  Susceptible to fire from sparks and
                                     open flames.
19................................  May self-heat slowly and, if wet or
                                     containing an excessive proportion
                                     of unoxidized oil, ignite
                                     spontaneously.
20................................  Fire may produce irritating or
                                     poisonous gases.
21................................  Dust may contain toxic constituents.
22................................  Lead nitrate and lead sulfide are
                                     hazardous substances; see code 15
                                     of this table and Sec.   148.270.
23................................  Hazardous substance when consisting
                                     of pieces having a diameter less
                                     than 100 micrometers (0.004 in.);
                                     see code 15 of this table and Sec.
                                      148.270.
24................................  Cargo subject to liquefaction.
25................................  Subject to liquefaction if average
                                     particle size of cargo is less than
                                     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.
------------------------------------------------------------------------

Sec.  148.12  Assignment and certification.

    (a) The National Cargo Bureau is authorized to assist the Coast 
Guard in administering the provisions of this part by--
    (1) Inspecting vessels for suitability for loading solid materials 
in bulk;
    (2) Examining stowage of solid materials loaded in bulk on board 
vessels;
    (3) Making recommendations on stowage requirements applicable to 
the transportation of solid materials in bulk; and
    (4) Issuing certificates of loading that verify stowage of the 
solid material in bulk meets requirements of this part.
    (b) Certificates of loading from the National Cargo Bureau are 
accepted as evidence of compliance with bulk solid transport 
regulations.

Subpart B--Special Permits


Sec.  148.15  Petition for a special permit.

    (a) Each shipper who wishes to ship a bulk solid material not 
listed in Table 148.10 of this part must determine whether the material 
meets the definition of any hazard class, or the definition of a PDM, 
as those terms are defined in Sec.  148.3 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 Sec.  148.8) may be used in lieu of a special permit.


Sec.  148.20  Deadlines for submission of petition and related 
requests.

    (a) A petition for a special permit must be submitted at least 45 
days before the requested effective date. Requests for extension or 
renewal of an existing special permit must be submitted 20 days before 
the date of expiration.
    (b) Requests for extension or renewal must include the information 
required under Sec.  148.21(a), (f), and (g) of this part.


Sec.  148.21  Necessary information.

    Each petition for a special permit must contain at least the 
following:
    (a) A description of the material, including, if a hazardous 
material--
    (1) The proper shipping name from the table in 49 CFR 172.101;
    (2) The hazard class and division of the material; and
    (3) The identification number of the material.
    (b) A material safety data sheet (MSDS) for the material or--
    (1) The chemical name and any trade names or common names of the 
material;
    (2) The composition of the material, including the weight percent 
of each constituent;
    (3) Physical data, including color, odor, appearance, melting 
point, and solubility;
    (4) Fire and explosion data, including auto-ignition temperature, 
any unusual

[[Page 64598]]

fire or explosion hazards, and any special fire fighting procedures;
    (5) Health hazards, including any dust inhalation hazards and any 
chronic health effects;
    (6) The threshold limit value (TLV) of the material or its major 
constituents, if available, and any relevant toxicity data;
    (7) Reactivity data, including any hazardous decomposition products 
and any incompatible materials; and
    (8) Special protection information, including ventilation 
requirements and personal protection equipment required.
    (c) Other potentially dangerous characteristics of the material not 
covered by paragraph (b) of this section, including--
    (1) Self-heating;
    (2) Depletion of oxygen in the cargo space;
    (3) Dust explosion; and
    (4) Liquefaction.
    (d) A detailed description of the proposed transportation 
operation, including--
    (1) The type of vessel proposed for water movements;
    (2) The expected loading and discharge ports, if known;
    (3) Procedures to be used for loading and unloading the material;
    (4) Precautions to be taken when handling the material; and
    (5) The expected temperature of the material at the time it will be 
loaded on the vessel.
    (e) Test results (if required under Subpart E of this part).
    (f) Previous approvals or permits.
    (g) Any relevant shipping or accident experience (or any other 
relevant transportation history by any mode of transport).


Sec.  148.25  Activities covered by a special permit.

    (a) Each special permit covers any shipment of the permitted 
material by the shipper and also covers for each shipment--
    (1) Each transfer operation;
    (2) Each vessel involved in the shipment; and
    (3) Each individual involved in any cargo handling operation.
    (b) Each special permit is valid for a period determined by the 
Commandant (CG-5223) and specified in the special permit. The period 
will not exceed 4 years and is subject to suspension or revocation 
before its expiration date.


Sec.  148.26  Standard conditions for special permits.

    (a) Each special permit holder must comply with all the 
requirements of this part unless specifically exempted by the terms of 
the special permit.
    (b) Each special permit holder must provide a copy of the special 
permit and the information required in Sec.  148.60 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 Sec.  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 Sec.  
148.62 of this part.


Sec.  148.30  Records of special permits issued.

    A list of all special permits issued, and copies of each, are 
available from the Commandant (CG-5223).

Subpart C--Minimum Transportation Requirements


Sec.  148.50  Cargoes subject to this subpart.

    The regulations in this subpart apply to each bulk shipment of--
    (a) A material listed in Table 148.10 of this part; and
    (b) Any solid material shipped under the terms of a Coast Guard 
special permit.


Sec.  148.51  Temperature readings.

    When Subpart D of this part sets a temperature limit for loading or 
transporting a material, apply the following rules:
    (a) The temperature of the material must be measured 20 to 36 
centimeters (8 to 14 inches) below the surface at 3 meter (10 foot) 
intervals over the length and width of the stockpile or cargo hold.
    (b) The temperature must be measured at every spot in the stockpile 
or cargo hold that shows evidence of heating.
    (c) Before loading or transporting the material, all temperatures 
measured must be below the temperature limit set in Subpart D of this 
part.


Sec.  148.55  International shipments.

    (a) Importer's responsibility. Each person importing any bulk solid 
material requiring special handling into the United States must provide 
the shipper and the forwarding agent at the place of entry into the 
United States with timely and complete information as to the 
requirements of this part that will apply to the shipment of the 
material within the United States.
    (b) IMSBC Code. Notwithstanding the provisions of this part, a bulk 
solid material that is classed, described, stowed, and segregated in 
accordance with the IMSBC Code (incorporated by reference, see Sec.  
148.8), and otherwise conforms to the requirements of this section, may 
be offered and accepted for transportation and transported within the 
United States. The following conditions and limitations apply:
    (1) A bulk solid material that is listed in Table 148.10 of this 
part, but is not subject to the requirements of the IMSBC Code, may not 
be transported under the provisions of this section and is subject to 
the requirements of this part. Examples of such materials include 
environmentally hazardous substances, solid, n.o.s.
    (2) Zinc Ashes must conform to the requirements found in Sec.  
148.330 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 Sec.  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).


Sec.  148.60  Shipping papers.

    The shipper of a material listed in Table 148.10 of this part must 
provide the master or his representative with appropriate information 
on the cargo in the form of a shipping paper, in English, prior to 
loading. Information on the shipping paper must include the following:
    (a) The appropriate BCSN. Secondary names may be used in addition 
to the BCSN;
    (b) The identification number, if applicable;
    (c) The hazard class of the material as listed in Table 148.10 of 
this part or on the Special Permit for the material;
    (d) The total quantity of the material to be transported;
    (e) The stowage factor;
    (f) The need for trimming and the trimming procedures, as 
necessary;
    (g) The likelihood of shifting, including angle of repose, if 
applicable;
    (h) A certificate on the moisture content of the cargo and its 
transportable moisture limit for cargoes that are subject to 
liquefaction;
    (i) Likelihood of formation of a wet base;
    (j) Toxic or flammable gases that may be generated by the cargo, if 
applicable;
    (k) Flammability, toxicity, corrosiveness, and propensity to oxygen 
depletion of the cargo, if applicable;

[[Page 64599]]

    (l) Self-heating properties of the cargo, if applicable;
    (m) Properties on emission of flammable gases in contact with 
water, if applicable;
    (n) Radioactive properties, if applicable;
    (o) The name and address of the U.S. shipper (consignor) or, if the 
shipment originates in a foreign country, the U.S. consignee.
    (p) A certification, signed by the shipper, that bears the 
following statement: ``This is to certify that the above named material 
is properly named, prepared, and otherwise in proper condition for bulk 
shipment by vessel in accordance with the applicable regulations of the 
U.S. Coast Guard.''


Sec.  148.61  Emergency response information.

    The shipper of a material listed in Table 148.10 of this part must 
provide the master or his representative with appropriate emergency 
response information. This information may be included on the shipping 
papers or in a separate document such as a material safety data sheet 
(MSDS). The information must include preliminary first aid measures and 
emergency procedures to be carried out in the event of an incident or 
fire involving the cargo.


Sec.  148.62  Location of shipping papers and emergency response 
information.

    (a) The shipping paper and emergency response information required 
by Sec. Sec.  148.60 and 148.61 of this part must be kept on board the 
vessel along with the dangerous cargo manifest required by Sec.  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.


Sec.  148.70  Dangerous cargo manifest; general.

    (a) Except as provided in paragraph (b) of this section and in 
Sec.  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.


Sec.  148.71  Information included in the dangerous cargo manifest.

    The dangerous cargo manifest must include the following:
    (a) The name and official number of the vessel. If the vessel has 
no official number, the international radio call sign must be 
substituted;
    (b) The nationality of the vessel;
    (c) The name of the material as listed in Table 148.10 of this 
part;
    (d) The hold or cargo compartment in which the material is being 
transported;
    (e) The quantity of material loaded in each hold or cargo 
compartment; and
    (f) The signature of the master acknowledging that the manifest is 
correct, and the date of the signature.


Sec.  148.72  Dangerous cargo manifest; exceptions.

    (a) No dangerous cargo manifest is required for--
    (1) Shipments by unmanned barge, except on an international voyage; 
and
    (2) Shipments of materials designated as potentially dangerous 
materials in Table 148.10 of this part.
    (b) When a dangerous cargo manifest is required for an unmanned 
barge on an international voyage, Sec.  148.71(d) of this part does not 
apply, unless the barge has more than one cargo compartment.


Sec.  148.80  Supervision of cargo transfer.

    The master must ensure that cargo transfer operations are 
supervised by a responsible person as defined in Sec.  148.3 of this 
part.


Sec.  148.85  Required equipment for confined spaces.

    When transporting a material that is listed in Table 148.10 of this 
part, each vessel, other than an unmanned barge, must have on board the 
following:
    (a) Equipment capable of measuring atmospheric oxygen. At least two 
members of the crew must be knowledgeable in the use of the equipment, 
which must be maintained in a condition ready for use and calibrated 
according to the manufacturer's instructions.
    (b) At least two self-contained, pressure-demand-type, air 
breathing apparatus approved by the Mine Safety and Health 
Administration (MSHA) or the National Institute for Occupational Safety 
and Health (NIOSH), each having at least a 30-minute air supply. Each 
foreign flag vessel must have on board at least two such apparatus that 
are approved by the flag state administration. The master must ensure 
that the breathing apparatus is used only by persons trained in its 
use.


Sec.  148.86  Confined space entry.

    (a) Except in an emergency, no person may enter a confined space 
unless that space has been tested to ensure there is sufficient oxygen 
to support life. If the oxygen content is below 19.5 percent, the space 
must be ventilated and retested before entry.
    (b) In an emergency, a confined space may be entered by a trained 
person wearing self-contained breathing apparatus, suitable protective 
clothing as necessary, and a wire rope safety line tended by a trained 
person outside the hold or in an adjacent space. Emergency entry into a 
confined space must be supervised by a responsible person as defined in 
Sec.  148.3 of this part.


Sec.  148.90  Preparations before loading.

    Before loading any material listed in Table 148.10 of this part, in 
bulk on board a vessel, the following conditions must be met:
    (a) If a hold previously has contained any material required under 
Subpart D of this part to be segregated from the material to be loaded, 
the hold must be thoroughly cleaned of all residue of the previous 
cargoes.
    (b) If the material to be loaded is Class 4.1, 4.2, or 5.1, then 
all combustible materials must be removed from the hold. Examples of 
some combustible materials are residue of previous cargoes, loose 
debris, and dunnage. Permanent wooden battens or sheathing may remain 
in the hold unless forbidden by Subpart E of this part.
    (c) If the material to be loaded is classified as Class 4.3, or is 
subject to liquefaction, the hold and associated bilge must be as dry 
as practicable.


Sec.  148.100  Log book entries.

    During the transport in bulk of a material listed in Table 148.10 
of this part, the master must keep a record of each temperature 
measurement and each test for toxic or flammable gases required by this 
part. The date and time of each measurement and test must be recorded 
in the vessel's log.


Sec.  148.110  Procedures followed after unloading.

    (a) After a material covered by this part has been unloaded from a 
vessel, each hold or cargo compartment must be thoroughly cleaned of 
all residue of such material unless the hold is to be reloaded with 
that same cargo.
    (b) When on U.S. territorial seas or inland waters, cargo 
associated wastes, cargo residue, and deck sweepings must be retained 
on the vessel and disposed of in accordance with 33 CFR parts 151.51 
through 151.77.

[[Page 64600]]

Sec.  148.115  Report of incidents.

    (a) When a fire or other hazardous condition occurs on a vessel 
transporting a material covered by this part, the master must notify 
the nearest 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


Sec.  148.120  Stowage and segregation requirements.

    (a) Each material listed in Table 148.10 of this part must be 
segregated from incompatible materials in accordance with--
    (1) The requirements of Tables 148.120A and 148.120B of this 
section that pertain to the primary or subsidiary hazard class to which 
the materials belong. Whenever a subsidiary hazard may exist, the most 
stringent segregation requirement applies; and
    (2) Any specific requirements in Subpart D of this part.
    (b) Materials that are required to be separated during stowage must 
not be handled at the same time. Any residue from a material must be 
removed before a material required to be separated from it is loaded.
    (c) Definitions and application of segregation terms:
    (1) ``Separated from'' means located in different cargo 
compartments or holds when stowed under deck. If the intervening deck 
is resistant to fire and 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          9/PDM         X         X         X         X         X         2         X         X
 material.....................................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Numbers and symbols indicate the following terms as defined in Sec.   148.3 of this part:
2--``Separated from''.
3--``Separated by a complete hold or compartment from''.
X--No segregation required, except as specified in an applicable section of this subpart or Subpart E of this part.


                                Table 148.120B--Segregation Between Bulk Solid Cargoes and Incompatible Packaged Cargoes
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                   Bulk solid material
                  Packaged hazardous material                  -----------------------------------------------------------------------------------------
                                                                  Class      4.1       4.2       4.3       5.1       6.1        7         8       9/PDM
--------------------------------------------------------------------------------------------------------------------------------------------------------
Explosives....................................................      1.1         4         4         4         4         2         2         4         X
                                                                    1.2
                                                                    1.5
Explosives....................................................      1.3         3         3         4         4         2         2         2         X
                                                                    1.6
Explosives....................................................      1.4         2         2         2         2         X         2         2         X
Flammable gas.................................................      2.1         2         2         1         2         X         2         2         X
Non-flammable compressed gas..................................      2.2         2         2         X         X         X         2         1         X
Poisonous gas.................................................      2.3         2         2         X         X         X         2         1         X
Flammable liquid..............................................        3         2         2         2         2         X         2         1         X
Flammable solid...............................................      4.1         X         1         X         1         X         2         1         X
Spontaneously combustible material............................      4.2         1         X         1         2         1         2         1         X
Dangerous when wet material...................................      4.3         X         1         X         2         X         2         1         X
Oxidizer......................................................      5.1         1         2         2         X         1         1         2         X
Organic peroxide..............................................      5.2         2         2         2         2         1         2         2         X
Poisonous material............................................      6.1         X         1         X         1         X         X         X         X
Infectious substance..........................................      6.2         3         3         2         3         1         3         3         X
Radioactive material..........................................        7         2         2         2         1         X         X         2         X
Corrosive material............................................        8         1         1         1         2         X         2         X         X
Miscellaneous hazardous material..............................        9         X         X         X         X         X         X         X         X
--------------------------------------------------------------------------------------------------------------------------------------------------------
Numbers and symbols indicate the following terms as defined in Sec.   148.3 of this part:
1--``Away from''.
2--``Separated from''.
3--``Separated by a complete hold or compartment from''.

[[Page 64601]]

 
4--``Separated longitudinally by an intervening complete compartment or hold from''.
X--No segregation required, except as specified in an applicable section of this subpart or Subpart E of this part.

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

    (a) Class 4.1 materials listed in Table 148.10 of this part must--
    (1) Be kept as cool and dry as practical before loading;
    (2) Not be loaded or transferred between vessels during periods of 
rain or snow;
    (3) Be stowed separated from foodstuffs; and
    (4) Be stowed clear of sources of heat and ignition and protected 
from sparks and open flame.
    (b) Bulkheads between a hold containing a Class 4.1 material and 
incompatible materials must have cable and conduit penetrations sealed 
against the passage of gas and vapor.


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

    (a) Class 4.2 materials listed in Table 148.10 of this part must--
    (1) Be kept as cool and dry as practical before loading;
    (2) Not be loaded or transferred between vessels during periods of 
rain or snow;
    (3) Be stowed clear of sources of heat and ignition and protected 
from sparks and open flame; and
    (4) Except for copra and seed cake, be stowed separate from 
foodstuffs.
    (b) The bulkhead between a hold containing a Class 4.2 material and 
a hold containing a material not permitted to mix with Class 4.2 
materials must have cable and conduit penetrations sealed against the 
passage of gas and vapor.


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

    (a) Class 4.3 materials listed in Table 148.10 of this part which, 
in contact with water, emit flammable gases, must--
    (1) Be kept as cool and dry as practical before loading;
    (2) Not be loaded or transferred between vessels during periods of 
rain or snow;
    (3) Be stowed separate from foodstuffs and all Class 8 liquids; and
    (4) Be stowed in a mechanically ventilated hold. Exhaust gases must 
not penetrate into accommodation, work or control spaces. Unmanned 
barges that have adequate natural ventilation need not have mechanical 
ventilation.
    (b) The bulkhead between a hold containing a Class 4.3 material and 
incompatible materials must have cable and conduit penetrations sealed 
against the passage of gas and vapor.


Sec.  148.140  Stowage and segregation for materials of Class 5.1.

    (a) Class 5.1 materials listed in Table 148.10 of this part must--
    (1) Be kept as cool and dry as practical before loading;
    (2) Be stowed away from all sources of heat or ignition; and
    (3) Be stowed separate from foodstuffs and all readily combustible 
materials.
    (b) Special care must be taken to ensure that holds containing 
Class 5.1 materials are clean and, whenever practical, only 
noncombustible securing and protecting materials are used.
    (c) Class 5.1 materials must be prevented from entering bilges or 
other cargo holds.


Sec.  148.145  Stowage and segregation for materials of Class 7.

    (a) Class 7 material listed in Table 148.10 of this part must be 
stowed--
    (1) Separate from foodstuffs; and
    (2) In a hold or barge closed or covered to prevent dispersal of 
the material during transportation.
    (b) [Reserved]


Sec.  148.150  Stowage and segregation for materials of Class 9.

    (a) A bulk solid cargo of Class 9 material (miscellaneous hazardous 
material) listed in Table 148.10 of this part must be stowed and 
segregated as required by this section.
    (b) Ammonium nitrate fertilizer of Class 9 must be segregated as 
required for Class 5.1 materials in Sec. Sec.  148.120 and 148.140 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 Sec. Sec.  148.120 and 148.130 of this part. In 
addition, its temperature at loading must not exceed 35 [deg]C (95 
[deg]F), or 5 [deg]C (9 [deg]F) above ambient temperature, whichever is 
higher.
    (e) Sulfur must be stowed and segregated as required under 
Sec. Sec.  148.120 and 148.125 of this part for a material of Class 
4.1.


Sec.  148.155  Stowage and segregation for potentially dangerous 
materials.

    (a) A PDM must be stowed and segregated according to the 
requirements of this section and Table 148.155 of this section.
    (b) When transporting coal--
    (1) Coal must be stowed separate from materials of Class/division 
1.4 and Classes 2, 3, 4, and 5 in packaged form; and separated from 
bulk solid materials of Classes 4 and 5.1;
    (2) No material of Class 5.1, in either packaged or bulk solid 
form, may be stowed above or below a cargo of coal; and
    (3) 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.

[[Page 64602]]



                                 Table 148.155--Stowage and Segregation Requirements for Potentially Dangerous Material
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Load only
                                     Segregate as   ``Separate     under dry                  Mechanical      ``Separate from''
   Potentially dangerous material      for class      from''        weather      Keep dry     ventilation      material listed       Special provisions
                                      listed \1\    foodstuffs    conditions                   required
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aluminum Smelting By-products or             4.3             X             X             X             X   Class 8 liquids         .....................
 Aluminum Re-melting Byproducts.
Brown Coal Briquettes..............  ............  ............  ............  ............  ............  See paragraph (b) of    See paragraph (b) of
                                                                                                            this section.           this section.
Charcoal...........................          4.1   ............  ............            X   ............  Oily materials          .....................
Coal...............................  ............  ............  ............  ............  ............  See paragraph (b) of    See paragraph (b) of
                                                                                                            this section.           this section.
Direct reduced iron (A)............  ............  ............  ............  ............  ............  See paragraph (c) of    See paragraph (c) of
                                                                                                            this section.           this section.
Direct reduced iron (B)............  ............  ............  ............  ............  ............  See paragraph (c) of    See paragraph (c) of
                                                                                                            this section.           this section.
Ferrophosphorus....................          4.3             X             X             X             X   Class 8 liquids         .....................
Ferrolilicon.......................          4.3             X             X             X             X   Class 8 liquids         .....................
Fluorospar.........................  ............            X   ............  ............  ............  Class 8 liquids         .....................
Lime, Unslaked.....................  ............  ............  ............            X   ............  All packaged and bulk   .....................
                                                                                                            solid hazardous
                                                                                                            materials.
Linted Cotton Seed.................  ............  ............  ............            X   ............                          .....................
Magnesia, Unslaked.................  ............  ............  ............  ............  ............  All packaged and bulk   .....................
                                                                                                            solid hazardous
                                                                                                            materials.
Metal Sulfide Concentrates.........          4.2             X   ............  ............  ............  Class 8 liquids         .....................
Petroleum Coke.....................  ............            X   ............  ............  ............                          See section
                                                                                                                                    148.155(d).
Pitch Prill........................          4.1   ............  ............  ............  ............                          .....................
Pyrites, Calcined..................  ............            X             X             X             X                           .....................
Sawdust............................          4.1   ............  ............            X   ............  All Class 5.1 and 8     .....................
                                                                                                            liquids.
Silicomanganese....................          4.3             X             X             X             X   Class 8 liquids         .....................
Tankage............................          4.2             X             X   ............  ............                          .....................
Vanadium...........................          6.1             X   ............  ............  ............                          .....................
Wood chips.........................          4.1   ............  ............  ............  ............                          .....................
Wood pellets.......................          4.1   ............  ............  ............  ............                          .....................
Wood pulp pellets..................          4.1   ............  ............  ............  ............                          .....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ See Tables 148.120A and B.

Subpart E--Special Requirements for Certain Materials


Sec.  148.200  Purpose.

    This subpart prescribes special requirements for specific 
materials. These requirements are in addition to the minimum 
transportation requirements in Subpart C of this part that are 
applicable to all materials listed in Table 148.10 of this part.


Sec.  148.205  Ammonium nitrate and ammonium nitrate fertilizers.

    (a) This section applies to the stowage and transportation in bulk 
of ammonium nitrate and the following fertilizers composed of uniform, 
non-segregating mixtures containing ammonium nitrate:
    (1) Ammonium nitrate containing added organic matter that is 
chemically inert towards the ammonium nitrate; containing at least 90 
percent ammonium nitrate and a maximum of 0.2 percent of combustible 
material (including organic material calculated as carbon); or 
containing less than 90 percent but more than 70 percent of ammonium 
nitrate and a maximum of 0.4 percent combustible material;
    (2) Ammonium nitrate with calcium carbonate and/or dolomite, 
containing more than 80 percent but less than 90 percent of ammonium 
nitrate and a maximum of 0.4 percent of total combustible material;
    (3) Ammonium nitrate with ammonium sulfate containing more than 45 
percent but a maximum of 70 percent of ammonium nitrate and containing 
a maximum of 0.4 percent of combustible material; and
    (4) Nitrogen phosphate or nitrogen/potash type fertilizers or 
complete nitrogen/phosphate/potash type fertilizers containing more 
than 70 percent but less than 90 percent of ammonium nitrate and a 
maximum of 0.4 percent of combustible material.
    (b) No material covered by this section may be transported in bulk 
unless it demonstrates resistance to detonation when tested by one of 
the following methods:
    (1) Appendix 2, Section 5, of the IMSBC Code (incorporated by 
reference, see Sec.  148.8);
    (2) Test series 1 and 2 of the Class 1 (explosive) in the UN Manual 
of Tests and Criteria, Part I (incorporated by reference, see Sec.  
148.8); or
    (3) An equivalent test satisfactory to the Administration of the 
country of shipment.
    (c) Before loading a material covered by this section--
    (1) The shipper must give the master of the vessel written 
certification that the material has met the test requirements of 
paragraph (b) of this section;
    (2) The cargo hold must be inspected for cleanliness and free from 
readily combustible materials;

[[Page 64603]]

    (3) Each cargo hatch must be weathertight as defined in Sec.  
42.13-10 of this chapter;
    (4) The temperature of the material must be less than 55 [deg]C 
(131 [deg]F); and
    (5) Each fuel tank under a cargo hold where the material is stowed 
must be pressure tested before loading to ensure that there is no 
leakage of manholes or piping systems leading through the cargo hold.
    (d) Bunkering or transferring of fuel to or from the vessel may not 
be performed during cargo loading and unloading operations involving a 
material covered by this section.
    (e) When a material covered by this section is transported on a 
cargo vessel--
    (1) No other material may be stowed in the same hold with that 
material;
    (2) In addition to the segregation requirements in Sec.  148.140 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.


Sec.  148.220  Ammonium nitrate-phosphate fertilizers.

    (a) This section applies to the stowage and transportation of 
uniform, nonsegregating mixtures of nitrogen/phosphate or nitrogen/
potash type fertilizers, or complete fertilizers of nitrogen/phosphate/
potash type containing a maximum of 70 percent of ammonium nitrate and 
containing a maximum of 0.4 percent total added combustible material or 
containing a maximum of 45 percent ammonium nitrate with unrestricted 
combustible material.
    (b) A fertilizer mixture described in paragraph (a) of this section 
is exempt if--
    (1) When tested in accordance with the trough test prescribed in 
Appendix 2, Section 4, of the IMSBC Code or in the UN Manual of Tests 
and Criteria, Part III, Subsection 38.2 (incorporated by reference, see 
Sec.  148.8), it is found to be free from the risk of self-sustaining 
decomposition.
    (2) [Reserved]
    (c) No fertilizer covered by this section may be transported in 
bulk if, when tested in accordance with the trough test prescribed in 
Appendix 2, Section 4, of the IMSBC Code or in the UN Manual of Tests 
and Criteria, Part III, Subsection 38.2 (incorporated by reference, see 
Sec.  148.8), it has a self-sustaining decomposition rate that is 
greater than 0.25 meters per hour, or is liable to self-heat sufficient 
to initiate decomposition.
    (d) Fertilizers covered by this section must be stowed away from 
all sources of heat, and out of direct contact with a metal engine 
compartment boundary.
    (e) Bunkering or transferring of fuel may not be performed during 
loading and unloading of fertilizer covered by this section.
    (f) Fertilizer covered by this section must be segregated as 
prescribed in Sec. Sec.  148.140 and 148.220(d) of this part.


Sec.  148.225  Calcined pyrites (pyritic ash, fly ash).

    (a) This part does not apply to the shipment of calcined pyrites 
that are the residual ash of oil or coal fired power stations.
    (b) This section applies to the stowage and transportation of 
calcined pyrites that are the residual product of sulfuric acid 
production or elemental metal recovery operations.
    (c) Before loading calcined pyrites covered by this section--
    (1) The cargo space must be as clean and dry as practical;
    (2) The calcined pyrites must be dry; and
    (3) Precautions must be taken to prevent the penetration of 
calcined pyrites into other cargo spaces, bilges, wells, and ceiling 
boards.
    (d) After calcined pyrites covered by this section have been 
unloaded from a cargo space, the cargo space must be thoroughly 
cleaned. Cargo residues and sweepings must be disposed of as prescribed 
in 33 CFR parts 151.55 through 151.77.


Sec.  148.227  Calcium nitrate fertilizers.

    This part does not apply to commercial grades of calcium nitrate 
fertilizers consisting mainly of a double salt (calcium nitrate and 
ammonium nitrate) and containing a maximum of 15.5 percent nitrogen and 
at least 12 percent of water.


Sec.  148.230  Calcium oxide (lime, unslaked).

    (a) When transported by barge, unslaked lime (calcium oxide) must 
be carried in an unmanned, all steel, double-hulled barge equipped with 
weathertight hatches or covers. The barge must not carry any other 
cargo while unslaked lime is on board.
    (b) The shipping paper requirements in Sec.  148.60 of this part 
and the dangerous cargo manifest requirements in Sec.  148.70 of this 
part do not apply to the transportation of unslaked lime under 
paragraph (a) of this section.


Sec.  148.235  Castor beans.

    (a) This part applies only to the stowage and transportation of 
whole castor beans. Castor meal, castor pomace, and castor flakes may 
not be shipped in bulk.
    (b) Persons handling castor beans must wear dust masks and goggles.
    (c) Care must be taken to prevent castor bean dust from entering 
accommodation, control, or service spaces during cargo transfer 
operations.


Sec.  148.240  Coal.

    (a) The electrical equipment in cargo holds carrying coal must meet 
the requirements of Subpart 111.105 of this chapter or an equivalent 
standard approved by the administration of the vessel's flag state.
    (b) Before coal is loaded in a cargo hold, the bilges must be as 
clean and dry as practical. The hold must also be free of any readily 
combustible material, including the residue of previous cargoes if 
other than coal.
    (c) The master of each vessel carrying coal must ensure that--
    (1) All openings to the cargo hold, except for unloading gates on 
self-unloading vessels, are sealed before loading the coal and, unless 
the coal is as described in paragraph (f) of this section, the hatches 
must also be sealed after loading;
    (2) As far as practical, gases emitted by the coal do not 
accumulate in enclosed working spaces such as storerooms, shops, or 
passageways, and tunnel spaces on self-unloading vessels, and that such 
spaces are adequately ventilated;
    (3) The vessel has adequate ventilation as required by paragraph 
(f) of this section; and
    (4) If the temperature of the coal is to be monitored under 
paragraph (e)(2)(i) of this section, the vessel has instruments that 
are capable of measuring the temperature of the cargo in the range 
0[deg]-100 [deg]C (32 [deg]-212 [deg]F) without entry into the cargo 
hold.
    (d) A cargo hold containing coal must not be ventilated unless the 
conditions of paragraph (f) of this section are met, or unless methane 
is detected under paragraph (h) of this section.
    (e) If coal waiting to be loaded has shown a tendency to self-heat, 
has been handled so that it may likely self-heat, or has been observed 
to be heating, the master is responsible for monitoring the temperature 
of the coal at several intervals during these times:

[[Page 64604]]

    (1) Before loading; and
    (2) During the voyage, by--
    (i) Measuring the temperature of the coal;
    (ii) Measuring the emission of carbon monoxide; or
    (iii) Both.
    (f) If coal waiting to be loaded has a potential to emit dangerous 
amounts of methane, for example it is freshly mined, or has a history 
of emitting dangerous amounts of methane, then:
    (1) Surface ventilation, either natural or from fixed or portable 
nonsparking fans, must be provided; and
    (2) The atmosphere above the coal must be monitored for the 
presence of methane as prescribed in paragraph (h) of this section. The 
results of this monitoring must be recorded at least twice in every 24-
hour period, unless the conditions of paragraph (m) of this section are 
met.
    (g) Electrical equipment and cables in a hold containing a coal 
described in paragraph (f) of this section must be either suitable for 
use in an explosive gas atmosphere or de-energized at a point outside 
the hold. Electrical equipment and cables necessary for continuous safe 
operations, such as lighting fixtures, must be suitable for use in an 
explosive gas atmosphere. The master of the vessel must ensure that the 
affected equipment and cables remain de-energized as long as this coal 
remains in the hold.
    (h) For all coal loaded on a vessel, other than an unmanned barge, 
the atmosphere above the coal must be routinely tested for the presence 
of methane, carbon monoxide, and oxygen, following the procedures in 
the Appendices to the schedules for Coal and Brown Coal Briquettes as 
contained in the IMSBC Code (incorporated by reference, see Sec.  
148.8). This testing must be performed in such a way that the cargo 
hatches are not opened and entry into the hold is not necessary.
    (i) When carrying a coal described in paragraph (e) of this 
section, the atmosphere above the coal must be monitored for the 
presence of carbon monoxide as prescribed in paragraph (h) of this 
section. The results of this monitoring must be recorded at least twice 
in every 24-hour period, unless the conditions of paragraph (m) of this 
section are met. If the level of carbon monoxide is increasing rapidly 
or reaches 20 percent of the lower flammability limit (LFL), the 
frequency of monitoring must be increased.
    (j) When a cargo of coal has a potential to self-heat or has been 
observed to be heating, the hatches should be closed and sealed and all 
surface ventilation halted except as necessary to remove any methane 
that may have accumulated.
    (k) If the level of carbon monoxide monitored under paragraph (i) 
of this section continues to increase rapidly or the temperature of 
coal carried on board a vessel exceeds 55 [deg]C (131 [deg]F) and is 
increasing rapidly, the master must notify the nearest Coast Guard 
Captain of the Port of--
    (1) The name, nationality, and position of the vessel;
    (2) The most recent temperature, if measured, and levels of carbon 
monoxide and methane;
    (3) The port where the coal was loaded and the destination of the 
coal;
    (4) The last port of call of the vessel and its next port of call; 
and
    (5) What action has been taken.
    (l) If the level of methane as monitored under paragraph (h) of 
this section reaches 20 percent of the LFL or is increasing rapidly, 
ventilation of the cargo hold, under paragraph (f) of this section, 
must be initiated. If this ventilation is provided by opening the cargo 
hatches, care must be taken to avoid generating sparks.
    (m) The frequency of monitoring required by paragraph (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.


Sec.  148.242  Copra.

    Copra must have surface ventilation. It must not be stowed against 
heated surfaces including fuel oil tanks which may require heating.


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

    (a) Before loading DRI lumps, pellets, or cold-molded briquettes--
    (1) The master must have a written certification from a competent 
person appointed by the shipper and recognized by the Commandant (CG-
5223) stating that the DRI, at the time of loading, is suitable for 
shipment;
    (2) The DRI must be aged for at least 3 days, or be treated with an 
air passivation technique or some other equivalent method that reduces 
its reactivity to at least the same level as the aged DRI; and
    (3) Each hold and bilge must be as clean and dry as practical. 
Other than double bottom tanks, adjacent ballast tanks must be kept 
empty when possible. All wooden fixtures, such as battens, must be 
removed from the hold.
    (b) Each boundary of a hold where DRI lumps, pellets, or cold-
molded briquettes are to be carried must be resistant to fire and 
passage of water.
    (c) DRI lumps, pellets, or cold-molded briquettes that are wet, or 
that are known to have been wetted, may not be accepted for transport. 
The moisture content of the DRI must not exceed 0.3 percent prior to 
loading.
    (d) DRI lumps, pellets and cold-molded briquettes must be protected 
at all times from contact with water, and must not be loaded or 
transferred from one vessel to another during periods of rain or snow.
    (e) DRI lumps, pellets, or cold-molded briquettes may not be loaded 
if their temperature is greater than 65 [deg]C (150 [deg]F).
    (f) The shipper of DRI lumps, pellets, or cold-molded briquettes in 
bulk must ensure that an inert atmosphere of less than 5 percent oxygen 
and 1 percent hydrogen, by volume, is maintained throughout the voyage 
in any hold containing these materials.
    (g) When DRI lumps, pellets, or cold-molded briquettes are loaded, 
precautions must be taken to avoid the concentration of fines (pieces 
less than 6.35mm in size) in any one location in the cargo hold.
    (h) Radar and RDF scanners must be protected against the dust 
generated during cargo transfer operations of DRI lumps, pellets, or 
cold-molded briquettes.


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

    (a) Before loading DRI hot-molded briquettes--
    (1) The master must have a written certification from a competent 
person appointed by the shipper and recognized by the Commandant (CG-
5223) that at the time of loading the DRI hot-molded briquettes are 
suitable for shipment; and
    (2) Each hold and bilge must be as clean and dry as practical. 
Except double bottom tanks, adjacent ballast tanks must be kept empty 
where possible. All wooden fixtures, such as battens, must be removed.
    (b) All boundaries of a hold must be resistant to fire and passage 
of water to carry DRI hot-molded briquettes.
    (c) DRI hot-molded briquettes must be protected at all times from 
contact with water. They must not be loaded or transferred from one 
vessel to another during periods of rain or snow.

[[Page 64605]]

    (d) DRI hot-molded briquettes may not be loaded if their 
temperature is greater than 65 [deg]C (150 [deg]F).
    (e) When loading DRI hot-molded briquettes, precautions must be 
taken to avoid the concentration of fines (pieces less than 6.35mm in 
size) in any one location in the cargo hold.
    (f) Adequate surface ventilation must be provided when carrying or 
loading DRI hot-molded briquettes.
    (g) When DRI hot-molded briquettes are carried by unmanned barge--
    (1) The barge must be fitted with vents adequate to provide natural 
ventilation; and
    (2) The cargo hatches must be closed at all times after loading the 
DRI hot-molded briquettes.
    (h) Radar and RDF scanners must be adequately protected against 
dust generated during cargo transfer operations of DRI hot-molded 
briquettes.
    (i) During final discharge only, a fine spray of water may be used 
to control dust from DRI hot-molded briquettes.


Sec.  148.255  Ferrosilicon, aluminum ferrosilicon, and aluminum 
silicon containing more than 30% but less than 90% silicon.

    (a) This section applies to the stowage and transportation of 
ferrosilicon, aluminum ferrosilicon, and aluminum silicon containing 
more than 30 percent but less than 90 percent silicon.
    (b) The shipper of material described in paragraph (a) of this 
section must give the master a written certification stating that after 
manufacture the material was stored under cover, but exposed to the 
weather, in the particle size in which it is to be shipped, for at 
least three days before shipment.
    (c) Material described in paragraph (a) of this section must be 
protected at all times from contact with water, and must not be loaded 
or unloaded during periods of rain or snow.
    (d) Except as provided in paragraph (e) of this section, each hold 
containing material described in paragraph (a) of this section must be 
mechanically ventilated by at least two separate fans. The total 
ventilation must be at least five air changes per hour, based on the 
empty hold. Ventilation must not allow escaping gas to reach 
accommodation or work spaces, on or under deck.
    (e) An unmanned barge which is provided with natural ventilation 
need not comply with paragraph (d) of this section.
    (f) Each space adjacent to a hold containing material described in 
paragraph (a) of this section must be well ventilated with mechanical 
fans. No person may enter that space unless it has been tested to 
ensure that it is free from phosphine and arsine gases.
    (g) Scuttles and windows in accommodation and work spaces adjacent 
to holds containing material described in paragraph (a) of this section 
must be kept closed while this material is being loaded and unloaded.
    (h) Any bulkhead between a hold containing material described in 
paragraph (a) of this section and an accommodation or work space must 
be gas tight and adequately protected against damage from any unloading 
equipment.
    (i) When a hold containing material described in paragraph (a) of 
this section is equipped with atmosphere sampling type smoke detectors 
with lines that terminate in accommodation or work spaces, those lines 
must be blanked off gas-tight.
    (j) If a hold containing material described in paragraph (a) of 
this section must be entered at any time, the hatches must be open for 
two hours before entry to dissipate any accumulated gases. The 
atmosphere in the hold must be tested to ensure that there is no 
phosphine or arsine gas present.
    (k) After unloading material described in paragraph (a) of this 
section, each cargo hold must be thoroughly cleaned and tested to 
ensure that no phosphine or arsine gas remains.


Sec.  148.260  Ferrous metal.

    (a) This part does not apply to the stowage and transportation in 
bulk of stainless steel borings, shavings, turnings, or cuttings; nor 
does this part apply to an unmanned barge on a voyage entirely on the 
navigable waters of United States.
    (b) Ferrous metal may not be stowed or transported in bulk unless 
the following conditions are met:
    (1) All wooden sweat battens, dunnage, and debris must be removed 
from the hold before the ferrous metal is loaded;
    (2) If weather is inclement during loading, hatches must be covered 
or otherwise protected to keep the material dry;
    (3) During loading and transporting, the bilge of each hold in 
which ferrous metal is stowed or will be stowed must be kept as dry as 
practical;
    (4) During loading, the ferrous metal must be compacted in the hold 
as frequently as practicable with a bulldozer or other means that 
provides equivalent surface compaction;
    (5) No other material may be loaded in a hold containing ferrous 
metal unless--
    (i) The material to be loaded in the same hold with the ferrous 
metal is not a material listed in Table 148.10 of this part or a 
readily combustible material;
    (ii) The loading of the ferrous metal is completed first; and
    (iii) The temperature of the ferrous metal in the hold is below 55 
[deg]C (131 [deg]F) or has not increased in eight hours before the 
loading of the other material; and
    (6) During loading, the temperature of the ferrous metal in the 
pile being loaded must be below 55 [deg]C (131 [deg]F).
    (c) The master of a vessel that is loading or transporting a 
ferrous metal must ensure that the temperature of the ferrous metal is 
taken--
    (1) Before loading;
    (2) During loading, in each hold and pile being loaded, at least 
once every twenty-four hours and, if the temperature is rising, as 
often as is necessary to ensure that the requirements of this section 
are met; and
    (3) After loading, in each hold, at least once every 24 hours.
    (d) During loading, if the temperature of the ferrous metal in a 
hold is 93 [deg]C (200 [deg]F) or higher, the master must notify the 
Coast Guard Captain of the Port and suspend loading until the Captain 
of the Port is satisfied that the temperature of the ferrous metal is 
88 [deg]C (190 [deg]F) or less.
    (e) After loading ferrous metal--
    (1) If the temperature of the ferrous metal in each hold is 65 
[deg]C (150 [deg]F) or above, the master must notify the Coast Guard 
Captain of the Port, and the vessel must remain in the port area until 
the Captain of the Port is satisfied that the temperature of ferrous 
metal has shown a downward trend below 65 [deg]C (150 [deg]F) for at 
least eight hours after completion of loading of the hold; or
    (2) If the temperature of the ferrous metal in each hold is less 
than 88 [deg]C (190 [deg]F) and has shown a downward trend for at least 
eight hours after the completion of loading, the master must notify the 
Coast Guard Captain of the Port, and the vessel must remain in the port 
area until the Captain of the Port confirms that the vessel is sailing 
directly to another port, no further than 12 hours sailing time, for 
the purpose of loading more ferrous metal in bulk or to completely off-
load the ferrous metal.
    (f) Except for shipments of ferrous metal in bulk which leave the 
port of loading under the conditions specified in paragraph (e)(2) of 
this section, if after the vessel leaves the port, the temperature of 
the ferrous metal in the hold rises above 65 [deg]C (150 [deg]F), the 
master must notify the nearest Coast Guard Captain of the Port as soon 
as possible of--

[[Page 64606]]

    (1) The name, nationality, and position of the vessel;
    (2) The most recent temperature taken;
    (3) The length of time that the temperature has been above 65 
[deg]C (150 [deg]F) and the rate of rise, if any;
    (4) The port where the ferrous metal was loaded and the destination 
of the ferrous metal;
    (5) The last port of call of the vessel and its next port of call;
    (6) What action has been taken; and
    (7) Whether any other cargo is endangered.


Sec.  148.265  Fish meal or fish scrap.

    (a) This part does not apply to fish meal or fish scrap that 
contains less than 5 percent moisture by weight.
    (b) Fish meal or fish scrap may contain a maximum of 12 percent 
moisture by weight and a maximum of 15 percent fat by weight.
    (c) At the time of production, fish meal or fish scrap must be 
treated with an effective antioxidant (at least 400 mg/kg (ppm) 
ethoxyquin, at least 1000 mg/kg (ppm) butylated hydroxytoluene, or at 
least 1000 mg/kg (ppm) of tocopherol-based liquid antioxidant).
    (d) Shipment of the fish meal or fish scrap must take place a 
maximum of 12 months after the treatment prescribed in paragraph (c) of 
this section.
    (e) Fish meal or fish scrap must contain at least 100 mg/kg (ppm) 
of ethoxyquin or butylated hydroxytoluene or at least 250 mg/kg (ppm) 
of tocopherol-based antioxidant at the time of shipment.
    (f) At the time of loading, the temperature of the fish meal or 
fish scrap to be loaded may not exceed 35 [deg]C (95 [deg]F), or 5 
[deg]C (9 [deg]F) above the ambient temperature, whichever is higher.
    (g) For each shipment of fish meal or fish scrap, the shipper must 
give the master a written certification stating--
    (1) The total weight of the shipment;
    (2) The moisture content of the material;
    (3) The fat content of the material;
    (4) The type of antioxidant and its concentration in the fish meal 
or fish scrap at the time of shipment;
    (5) The date of production of the material; and
    (6) The temperature of the material at the time of shipment.
    (h) During a voyage, temperature readings must be taken of fish 
meal or fish scrap three times a day and recorded. If the temperature 
of the material exceeds 55 [deg]C (131 [deg]F) and continues to 
increase, ventilation to the hold must be restricted. This paragraph 
does not apply to shipments by unmanned barge.


Sec.  148.270  Hazardous substances.

    (a) Each bulk shipment of a hazardous substance must--
    (1) Be assigned a shipping name in accordance with 49 CFR 
172.203(c); and
    (2) If the hazardous substance is also listed as a hazardous solid 
waste in 40 CFR part 261, follow the applicable requirements of 40 CFR 
chapter I, subchapter I.
    (b) Each release of a quantity of a designated substance equal to 
or greater than the reportable quantity, as set out in Table 1 to 
Appendix A of 49 CFR 171.101, when discharged into or upon the 
navigable waters of the United States, adjoining shorelines, into or 
upon the contiguous zone, or beyond the contiguous zone, must be 
reported as required in subpart B of 33 CFR part 153.
    (c) A hazardous substance must be stowed in a hold or barge that is 
closed or covered and prevents dispersal of the material during 
transportation.
    (d) During cargo transfer operations, a spill or release of a 
hazardous substance must be minimized to the greatest extent possible. 
Each release must be reported as required in paragraph (b) of this 
section.
    (e) After a hazardous substance is unloaded, the hold in which it 
was carried must be cleaned thoroughly. The residue of the substance 
must be disposed of pursuant to 33 CFR 151.55 through 151.77 and the 
applicable regulations of 40 CFR subchapter I.


Sec.  148.275  Iron oxide, spent; iron sponge, spent.

    (a) Before spent iron oxide or spent iron sponge is loaded in a 
closed hold, the shipper must give the master a written certification 
that the material has been cooled and weathered for at least eight 
weeks.
    (b) Both spent iron oxide and spent iron sponge may be transported 
on open hold all-steel barges after exposure to air for a period of at 
least ten days.


Sec.  148.280  Magnesia, unslaked (lightburned magnesia, calcined 
magnesite, caustic calcined magnesite).

    (a) This part does not apply to the transport of natural magnesite, 
magnesium carbonate, or magnesia clinkers.
    (b) When transported by barge, unslaked magnesia must be carried in 
an unmanned, all-steel, double-hulled barge equipped with weathertight 
hatches or covers. The barge may not carry any other cargo while 
unslaked magnesia is on board.
    (c) The shipping paper requirements in Sec.  148.60 of this part 
and the dangerous cargo manifest requirements in Sec.  148.70 of this 
part do not apply to unslaked magnesia transported under the 
requirements of paragraph (b) of this section.


Sec.  148.285  Metal sulfide concentrates.

    (a) When information given by the shipper under Sec.  148.60 of 
this part indicates that the metal sulfide concentrate may generate 
toxic or flammable gases, the appropriate gas detection equipment from 
Sec. Sec.  148.415 and 148.420 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.


Sec.  148.290  Peat moss.

    (a) Before shipment, peat moss must be stockpiled under cover to 
allow drainage and reduce its moisture content.
    (b) The cargo must be ventilated so that escaping gases cannot 
reach living quarters on or above deck.
    (c) Persons handling or coming into contact with peat moss must 
wear gloves, a dust mask, and goggles.


Sec.  148.295  Petroleum coke, calcined or uncalcined, at 55 [deg]C 
(131 [deg]F) or above.

    (a) This part does not apply to shipments of petroleum coke, 
calcined or uncalcined, on any vessel when the temperature of the 
material is less than 55 [deg]C (131 [deg]F).
    (b) Petroleum coke, calcined or uncalcined, or a mixture of 
calcined and uncalcined petroleum coke may not be loaded when its 
temperature exceeds 107 [deg]C (225 [deg]F).
    (c) No other hazardous materials may be stowed in any hold adjacent 
to a hold containing petroleum coke except as provided in paragraph (d) 
of this section.
    (d) Before petroleum coke at 55 [deg]C (131 [deg]F) or above may be 
loaded into a hold over a tank containing fuel or material having a 
flashpoint of less than 93 [deg]C (200 [deg]F), a 0.6 to 1.0 meter (2 
to 3 foot) layer of the petroleum coke at a temperature not greater 
than 43 [deg]C (110 [deg]F) must first be loaded.

[[Page 64607]]

    (e) Petroleum coke must be loaded as follows:
    (1) For a shipment in a hold over a fuel tank, the loading of a 
cooler layer of petroleum coke in the hold as required by paragraph (d) 
of this section must be completed before loading the petroleum coke at 
55 [deg]C (131 [deg]F) or above in any hold of the vessel;
    (2) Upon completion of the loading described in paragraph (e)(1) of 
this section, a 0.6 to 1.0 meter (2 to 3 foot) layer of the petroleum 
coke at 55 [deg]C (131 [deg]F) or above must first be loaded into each 
hold, including those holds already containing a cooler layer of the 
petroleum coke; and
    (3) Upon completion of the loading described in paragraph (e)(2) of 
this section, normal loading of the petroleum coke may be completed.
    (f) The master of the vessel must warn members of a crew that 
petroleum coke is hot, and that injury due to burns is possible.
    (g) During the voyage, the temperature of the petroleum coke must 
be monitored often enough to detect spontaneous heating.


Sec.  148.300  Radioactive materials.

    (a) Radioactive materials that may be stowed or transported in bulk 
are limited to those radioactive materials defined in 49 CFR 173.403 as 
Low Specific Activity Material, LSA-1, or Surface Contaminated Object, 
SCO-1.
    (b) Skin contact, inhalation or ingestion of dusts generated by 
Class 7 material listed in Table 148.10 of this part must be minimized.
    (c) Each hold used for the transportation of Class 7 material 
(radioactive) listed in Table 148.10 of this part must be surveyed 
after the completion of off-loading by a qualified person using 
appropriate radiation detection instruments. Such holds must not be 
used for the transportation of any other material until the non-fixed 
contamination on any surface, when averaged over an area of 300 
cm<SUP>2</SUP>, does not exceed the following levels:
    (1) 4.0 Bq/cm<SUP>2</SUP> (10<SUP>-4</SUP> uCi/cm<SUP>2</SUP>;) for 
beta and gamma emitters and low toxicity alpha emitters, natural 
uranium, natural thorium, uranium-235, uranium-238, thorium-232, 
thorium-228 and thorium-230 when contained in ores or physical or 
chemical concentrates, and radionuclides with a half-life of less than 
10 days; and
    (2) 0.4 Bq/cm<SUP>2</SUP> (10<SUP>-5</SUP> uCi/cm<SUP>2</SUP>) for 
all other alpha emitters.


Sec.  148.310  Seed cake.

    (a) This part does not apply to solvent-extracted rape seed meal, 
pellets, soya bean meal, cotton seed meal, or sunflower seed meal 
that--
    (1) Contains a maximum of 4 percent vegetable oil and a maximum of 
15 percent vegetable oil and moisture combined; and
    (2) As far as practical, is free from flammable solvent.
    (b) This part does not apply to mechanically expelled citrus pulp 
pellets containing not more than 2.5 percent oil and a maximum of 14 
percent oil and moisture combined.
    (c) Before loading, the seed cake must be aged per the instructions 
of the shipper.
    (d) Before loading, the shipper must give the master or person in 
charge of a barge a certificate from a competent testing laboratory 
stating the oil and moisture content of the seed cake.
    (e) The seed cake must be kept as dry as practical at all times.
    (f) If the seed cake is solvent-extracted, it must be--
    (1) As free as practical from flammable solvent; and
    (2) Stowed in a mechanically ventilated hold.
    (g) For a voyage with a planned duration greater than 5 days, the 
vessel must be equipped with facilities for introducing carbon dioxide 
or another inert gas into the hold.
    (h) Temperature readings of the seed cake must be taken at least 
once in every 24-hour period. If the temperature exceeds 55 [deg]C (131 
[deg]F) and continues to increase, ventilation to the cargo hold must 
be discontinued. If heating continues after ventilation has been 
discontinued, carbon dioxide or the inert gas required under paragraph 
(g) of this section must be introduced into the hold. If the seed cake 
is solvent-extracted, the use of inert gas must not be introduced until 
fire is apparent, to avoid the possibility of igniting the solvent 
vapors by the generation of static electricity.
    (i) Seed cake must be carried under the terms of a Special Permit 
issued by the Commandant (CG-5223) per subpart B of this part if--
    (1) The oil was mechanically expelled; and
    (2) It contains more than 10 percent vegetable oil or more than 20 
percent vegetable oil and moisture combined.


Sec.  148.315  Sulfur.

    (a) This part applies to lump or coarse grain powder sulfur only. 
Fine-grained powder (``flowers of sulfur'') may not be transported in 
bulk.
    (b) After the loading or unloading of lump or coarse grain powder 
sulfur has been completed, sulfur dust must be removed from the 
vessel's decks, bulkheads, and overheads. Cargo residues and deck 
sweepings must be disposed of pursuant to 33 CFR 151.55 through 151.77.
    (c) A cargo space that contains sulfur or the residue of a sulfur 
cargo must be adequately ventilated, preferably by mechanical means. 
Each ventilator intake must be fitted with a spark-arresting screen.


Sec.  148.320  Tankage; garbage tankage; rough ammonia tankage; or 
tankage fertilizer.

    (a) This part applies to rough ammonia tankage in bulk that 
contains 7 percent or more moisture by weight, and garbage tankage and 
tankage fertilizer that contains 8 percent or more moisture by weight.
    (b) Tankage to which this part applies may not be loaded in bulk if 
its temperature exceeds 38 [deg]C (100 [deg]F).
    (c) During the voyage, the temperature of the tankage must be 
monitored often enough to detect spontaneous heating.


Sec.  148.325  Wood chips; wood pellets; wood pulp pellets.

    (a) This part applies to wood chips and wood pulp pellets in bulk 
that may oxidize, leading to depletion of oxygen and an increase in 
carbon dioxide in the cargo hold.
    (b) No person may enter a cargo hold containing wood chips, wood 
pellets, or wood pulp pellets, unless--
    (1) The atmosphere in the cargo hold has been tested and contains 
enough oxygen to support life; or
    (2) The person entering the cargo hold is wearing the appropriate 
self-contained breathing apparatus.


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

    (a) The shipper must inform the cognizant Coast Guard Captain of 
the Port in advance of any cargo transfer operations involving zinc 
ashes, zinc dross, zinc residues, or zinc skimmings (collectively, 
``zinc material'') in bulk.
    (b) Zinc material must be aged by exposure to the elements for at 
least one year before shipment in bulk.
    (c) Before loading in bulk, zinc material must be stored under 
cover for a period of time to ensure that it is as dry as practical. No 
zinc material that is wet may be accepted for shipment.
    (d) Zinc material may not be loaded in bulk if its temperature is 
greater than 11.1 [deg]C (52 [deg]F) in excess of the ambient 
temperature.
    (e) Paragraphs (e)(1) through (e)(5) of this section apply only 
when zinc materials are carried by a cargo vessel:
    (1) Zinc material in bulk must be stowed in a mechanically 
ventilated hold that--

[[Page 64608]]

    (i) Is designed for at least one complete air change every 30 
minutes based on the empty hold;
    (ii) Has explosion-proof motors approved for use in Class I, 
Division 1, Group B atmospheres or equivalent motors approved by the 
vessel's flag state administration for use in hydrogen atmospheres; and
    (iii) Has nonsparking fans.
    (2) Combustible gas detectors capable of measuring hydrogen 
concentrations of 0 to 4.1 percent by volume must be permanently 
installed in holds that will carry zinc material. If the concentration 
of hydrogen in the space above the cargo exceeds 1 percent by volume, 
the ventilation system must be run until the concentration drops below 
1 percent by volume.
    (3) Thermocouples must be installed approximately 6 inches below 
the surface of the zinc material or in the space immediately above the 
zinc material. If an increase in temperature is detected, the 
mechanical ventilation system required by paragraph (d) of this section 
must be used until the temperature of the zinc material is below 55 
[deg]C (131 [deg]F).
    (4) Except as provided in paragraph (e)(5) of this section, the 
cargo hatches of holds containing zinc material must remain sealed to 
prevent the entry of seawater.
    (5) If the concentration of hydrogen is near 4.1 percent by volume 
and increasing, despite ventilation, or the temperature of the zinc 
material reaches 65 [deg]C (150 [deg]F), the cargo hatches should be 
opened provided that weather and sea conditions are favorable. When 
hatches are opened take care to prevent sparks and minimize the entry 
of water.

Subpart F--Additional Special Requirements


Sec.  148.400  Applicability.

    Unless stated otherwise, the requirements of this subpart apply 
only to the shipment or loading of materials, listed in Table 148.10 of 
this part, for which Table 148.10 contains a reference to a section or 
paragraph of this subpart.


Sec.  148.405  Sources of ignition.

    (a) Except in an emergency, no welding, burning, cutting, chipping, 
or other operations involving the use of fire, open flame, sparks, or 
arc-producing equipment, may be performed in a cargo hold containing a 
Table 148.10 material or in an adjacent space.
    (b) A cargo hold or adjacent space must not have any flammable gas 
concentrations over 10 percent of the LFL before the master may approve 
operations involving the use of fire, open flame, or spark- or arc-
producing equipment in that hold or adjacent space.


Sec.  148.407  Smoking.

    When Table 148.10 of this part associates a material with a 
reference to this section, and that material is being loaded or 
unloaded, smoking is prohibited anywhere on the weatherdeck of the 
vessel. While such a material is on board the vessel, smoking is 
prohibited in spaces adjacent to the cargo hold and on the vessel's 
deck in the vicinity of cargo hatches, ventilator outlets, and other 
accesses to the hold containing the material. ``NO SMOKING'' signs must 
be displayed in conspicuous locations in the areas where smoking is 
prohibited.


Sec.  148.410  Fire hoses.

    When Table 148.10 of this part associates a material with a 
reference to this section, a fire hose must be available at each hatch 
through which the material is being loaded.


Sec.  148.415  Toxic gas analyzers.

    When Table 148.10 of this part associates a material with a 
reference to a paragraph in this section, each vessel transporting the 
material, other than an unmanned barge, must have on board a gas 
analyzer appropriate for the toxic gas listed in that paragraph. At 
least two members of the crew must be knowledgeable in the use of the 
equipment. The equipment must be maintained in a condition ready for 
use and calibrated according to the instructions of its manufacturer. 
The atmosphere in the cargo hold and adjacent spaces must be tested 
before a person is allowed to enter these spaces. If toxic gases are 
detected, the space must be ventilated and retested before entry. The 
toxic gases for which the requirements of this section must be met are:
    (a) Arsine;
    (b) Carbon monoxide;
    (c) Hydrogen cyanide;
    (d) Hydrogen sulfide;
    (e) Phosphine; and
    (f) Sulfur dioxide.


Sec.  148.420  Flammable gas analyzers.

    When Table 148.10 of this part associates a material with a 
reference to a paragraph in this section, each vessel transporting the 
material, other than an unmanned barge, must have on board a gas 
analyzer appropriate for the flammable gas listed in that paragraph. At 
least two members of the crew must be knowledgeable in the use of the 
equipment. The equipment must be maintained in a condition ready for 
use, capable of measuring 0 to 100 percent LFL for the gas indicated, 
and calibrated in accordance with the instructions of its manufacturer. 
The atmosphere in the cargo hold must be tested before any person is 
allowed to enter. If flammable gases are detected, the space must be 
ventilated and retested before entry. The flammable gases for which the 
requirements of this section must be met are:
    (a) Carbon monoxide;
    (b) Hydrogen; and
    (c) Methane.


Sec.  148.435  Electrical circuits in cargo holds.

    During transport of a material that Table 148.10 of this part 
associates with a reference to this section, each electrical circuit 
terminating in a cargo hold containing the material must be 
electrically disconnected from the power source at a point outside of 
the cargo hold. The point of disconnection must be marked to prevent 
the circuit from being reenergized while the material is on board.


Sec.  148.445  Adjacent spaces.

    When transporting a material that Table 148.10 of this part 
associates with a reference to this section, the following requirements 
must be met:
    (a) Each space adjacent to a cargo hold must be ventilated by 
natural ventilation or by ventilation equipment safe for use in an 
explosive gas atmosphere.
    (b) Each space adjacent to a cargo hold containing the material 
must be regularly monitored for the presence of the flammable gas 
indicated by reference to Sec.  148.420 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

[[Page 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.


Sec.  148.450  Cargoes subject to liquefaction.

    (a) This section applies only to cargoes identified in Table 148.10 
of this part with a reference to this section and cargoes identified in 
the IMSBC Code (incorporated by reference, see Sec.  148.8) as cargoes 
that may liquefy.
    (b) This section does not apply to--
    (1) Shipments by unmanned barge; or
    (2) Cargoes of coal that have an average particle size of 10mm 
(.394 in.) or greater.
    (c) Definitions as used in this section--
    (1) Cargo subject to liquefaction means a material that is subject 
to moisture migration and subsequent liquefaction if shipped with 
moisture content in excess of the transportable moisture limit.
    (2) Moisture migration is the movement of moisture by settling and 
consolidation of a material, which may result in the development of a 
flow state in the material.
    (3) Transportable moisture limit or TML of a cargo that may liquefy 
is the maximum moisture content that is considered safe for carriage on 
vessels.
    (d) Except on a vessel that is specially constructed or specially 
fitted for the purpose of carrying such cargoes (see also section 7 of 
the IMSBC Code, incorporated by reference, see Sec.  148.8), a cargo 
subject to liquefaction may not be transported by vessel if its 
moisture content exceeds its TML.
    (e) The shipper of a cargo subject to liquefaction must give the 
master the material's moisture content and TML.
    (f) The master of a vessel shipping a cargo subject to liquefaction 
must ensure that--
    (1) A cargo containing a liquid is not stowed in the same cargo 
space with a cargo subject to liquefaction; and
    (2) Precautions are taken to prevent the entry of liquids into a 
cargo space containing a cargo subject to liquefaction.
    (g) The moisture content and TML of a material may be determined by 
the tests described in Appendix 2, Section 1, of the IMSBC Code 
(incorporated by reference, see Sec.  148.8).

    Dated: 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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