[Federal Register Volume 59, Number 70 (Tuesday, April 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8364]


[[Page Unknown]]

[Federal Register: April 12, 1994]


_______________________________________________________________________

Part II





Department of Transportation





_______________________________________________________________________



Coast Guard



_______________________________________________________________________



46 CFR Parts 97 and 148




Carriage of Bulk Solid Materials Requiring Special Handling; Proposed 
Rule
DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 97 and 148

[CGD 87-069]
RIN 2115-ADO2

 
Carriage of Bulk Solid Materials Requiring Special Handling

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to amend its regulations for the 
carriage of certain bulk solid materials by adding materials carried 
under Coast Guard Special Permits issued pursuant to this regulation 
(Special Permits) and other materials contained in the International 
Maritime Organization Code of Safe Practice for Solid Bulk Cargoes (IMO 
Bulk Solids Code, or ``BC Code''), including coal, to the list of 
materials permitted under the regulations. The special handling 
procedures associated with these materials would also be included in 
the regulations. The proposed revisions would harmonize U.S. 
regulations with recommended international practice, and eliminate the 
need to apply for Special Permits, except for newly classified 
hazardous materials.

DATES: Comments must be received on or before July 11, 1994.

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine 
Safety Council (G-LRA/3406) (CGD 87-069), U.S. Coast Guard, 2100 Second 
Street SW., Washington, DC 20593-0001, or may be delivered to Room 3406 
at the same address between 8 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays. The telephone number is (202) 267-1477. 
Comments on collection of information requirements must be mailed also 
to the Office of Information and Regulatory Affairs, Office of 
Management and Budget, 725 17th Street NW., Washington, DC 20503, Attn: 
Desk Officer, U.S. Coast Guard.
    The Executive Secretary maintains the public docket for this 
rulemaking. Comments will become part of this docket and will be 
available for inspection or copying at room 3406, U.S. Coast Guard 
Headquarters. A copy of the material listed in ``Incorporation by 
Reference'' of this preamble is available for inspection at Room 1218, 
U.S. Coast Guard Headquarters.

FOR FURTHER INFORMATION CONTACT: Mr. Frank K. Thompson, Hazardous 
Materials Branch, Office of Marine Safety, Security and Environmental 
Protection, (202) 267-1217.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views or arguments. Persons 
submitting comments should include their names and addresses, identify 
this rulemaking (CDG 87-069) and the specific section of this proposal 
to which each comment applies, and give the reason for each comment. 
The Coast Guard requests that all comments and attachments be submitted 
in an unbound format suitable for copying and electronic filing. If not 
practical, a second copy of any bound material is requested. Persons 
wanting acknowledgment of receipt of comments should enclose a stamped, 
self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Marine Safety Council at the address 
under ADDRESSES. The request should include reasons why a hearing would 
be beneficial. If it determines that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announced by a later notice in the 
Federal Register.

Drafting Information

    The principal persons involved in drafting this notice are Mr. 
Frank K. Thompson, Project Manager, Office of Marine Safety, Security, 
and Environmental Protection, and Ms. Helen Boutrous, Project Counsel, 
Office of Chief Counsel.

Regulatory History

    On April 28, 1989, an Advance Notice of Proposed Rulemaking (ANPRM) 
was published in the Federal Register (54 FR 18308). The Coast Guard 
received sixteen letters commenting on the ANPRM. These comments will 
be discussed later in this rulemaking document. A public hearing was 
not requested and one was not held.
    Persons interested in the portion of this rulemaking concerning 
coal were provided the opportunity to attend and participate in 
meetings held by the Chemical Transportation Advisory Committee, 
Subcommittee on Coal Transportation. These meetings were announced in 
the Federal Register, and were open to the public. Minutes of these 
meetings, and the final report of the subcommittee are on file in the 
rulemaking docket and may be obtained at the address under ADDRESSES.

Background and Purpose

    Bulk solid hazardous materials include materials grouped into a 
number of specific classes, the definitions of which are contained in 
the Research and Special Programs Administration (RSPA), Department of 
Transportation, Hazardous Materials Regulations (HMR) (49 CFR chapter 
I, Subchapter C). There are also some solid materials which are not 
properly described by any of the hazard classes defined in the HMR, but 
which when carried in bulk may pose a threat to the vessel or the crew, 
most commonly from a tendency to spontaneously generate heat or to 
deplete the oxygen in the cargo space.
    The international standard for the marine transport of solid 
materials in bulk is the Code of Safe Practice for Solid Bulk Cargoes, 
popularly known as the ``BC Code,'' published by the International 
Maritime Organization (IMO). In the BC Code, certain materials which do 
not fit into the standard IMO hazard classes are placed in the class 
``Materials hazardous only in bulk'' (MHB). This class is defined as 
materials which, when carried in bulk, present sufficient hazards to 
require specific precautions. Examples of such materials include 
materials that are liable to reduce the oxygen content in a cargo 
space, self-heating materials, or materials which become hazardous when 
wet.
    The BC Code is currently only a recommended standard. However, 
several countries have adopted the Code in their national regulations. 
In addition, recent amendments to Chapter VI of the International 
Convention for the Safety of Life at Sea, 1974, as amended, (SOLAS 74/
83) adopted certain general provisions of the BC Code. These amendments 
to Chapter VI of SOLAS 74/83 were developed by the IMO Subcommittee on 
Containers and Cargoes (BC Subcommittee), and adopted by the IMO 
Maritime Safety Committee (MSC) at its 59th Session in May 1991. As 
adopted by MSC, the amendments to SOLAS 74/83 entered into force for 
those countries signatory to the Convention, including the United 
States, on January 1, 1994. These amendments to SOLAS 74/83 make 
mandatory the provisions of the BC Code dealing with cargo stowage, the 
passage of cargo information from the shipper to the master and the use 
of oxygen and toxic vapor analyzers. The SOLAS Chapter VI as amended 
refers to the BC Code as one possible source of information on the 
properties and recommended handling procedures for bulk solid 
materials.
    Many U.S. export shipments are bound for countries which have 
adopted the BC Code as national regulations. These shipments therefore 
already comply with the recommendations of the BC Code.
    The Coast Guard issues Special Permits for shipments of bulk solid 
materials not listed in 46 CFR part 148 in order to establish 
requirements for the safe carriage of these materials. The Special 
Permits allow the Coast Guard to closely monitor these shipments in 
order to determine if the requirements imposed under the permit are 
adequate to ensure safe carriage. The Coast Guard also uses Special 
Permits to allow the shipment of materials not listed in 46 CFR part 
148 for which international guidelines have been established. After a 
history of safe transportation has been established under a Coast Guard 
Special Permit, carriage requirements for the material may be included 
in 46 CFR part 148.
    The Coast Guard issues two basic types of Special Permits. The 
first type of permit is issued for materials for which recommended 
handling procedures are contained in the BC Code. This type of permit 
basically restates the recommendations contained in the Code. The 
second type of permit is issued for materials classified as hazardous 
substances by the HMR or as hazardous wastes by the Environmental 
Protection Agency (EPA). When hazardous substances are transported in 
quantities exceeding their reportable quantity (RQ) they, by 
definition, become hazardous materials. This second type of Special 
Permit basically sets forth requirements for preventing crew exposure 
to the materials and release of the material to the atmosphere or 
water.
    Twenty-five new materials are proposed for inclusion in 46 CFR part 
148 as materials which require special handling when transported in 
bulk by water. All of the twenty-five are covered by the BC Code; in 
addition, eleven are regulated by the HMR (49 CFR Chapter I, Subchapter 
C), and five are currently subject to Coast Guard Special Permits. 
Twelve of the materials proposed for inclusion in 46 CFR part 148 are 
classified as MHB in the BC Code.
    There are ten materials, classified as MHB in the BC Code, which 
have not previously been regulated by the Coast Guard, either in 46 CFR 
part 148 or by Special Permit. It is the Coast Guard's position that 
these materials, if handled improperly when loaded as bulk cargoes, 
pose an unacceptable risk to the vessel and crew. For many of these 
materials, monitoring of the cargo space for toxic or flammable gases 
and oxygen will be required under Chapter VI of SOLAS 74/83 as amended.
    The intent of this proposal is to include in 46 CFR part 148 the 
above mentioned twenty-five materials and any special handling 
procedures associated with these materials, including those 
requirements which will be imposed by Chapter VI of SOLAS 74/83 as 
amended.
    As of April 1, 1993, the Coast Guard had the following 45 Special 
permits outstanding: 

SP 8-78            SP 2-85            SP 7-90           SP 2-92         
SP 9-78            SP 5-85            SP 8-90           SP 3-92         
SP 1-79            SP 6-85            SP 1-91           SP 4-92         
SP 7-79            SP 3-86            SP 2-91           SP 5-92         
SP 1-80            SP 1-87            SP 3-91           SP 6-92         
SP 5-82            SP 2-87            SP 4-91           SP 7-92         
SP 6-82            SP 3-87            SP 5-91           SP 8-92         
SP 4-83            SP 5-88            SP 7-91           SP 1-93         
SP 7-83            SP 3-89            SP 8-91           SP 2-93         
SP 8-83            SP 5-90            SP 9-91           SP 3-93         
SP 1-84            SP 6-90            SP 1-92           SP 4-93         
                                                        SP 5-93         
                                                                        


The above Special Permits, which affect bulk solid cargoes such as 
ammonium nitrate fertilizers, ferrosilicon, and metal ore concentrates 
would be terminated as of their expiration dates following publication 
of a final rule.

Discussion of Comments

    As stated earlier, sixteen comments were received in response to 
the ANPRM.
    1. Five of the comments requested that the Coast Guard reconsider 
the necessity of regulating unmanned inland barges in the same manner 
as oceangoing vessels. It was never the intent of the Coast Guard to 
require unmanned barges to comply with the same requirements as manned 
vessels. This position is evidenced by question nine in the ANPRM. 
Barges would be specifically exempted from complying with the stated 
requirements in several places in the NPRM. For example, barges would 
not be required to carry any gas monitoring equipment. The Coast Guard 
recognizes that the SOLAS Convention applies only to self-propelled 
oceangoing vessels, and that to require vapor detection equipment on 
unmanned barges would be unnecessary and impractical since the primary 
purpose of the equipment is to protect the vessel's crew from being 
exposed to harmful vapors or entering spaces which lack the oxygen 
necessary to support life. Placing personnel on the vessel to take 
measurements would increase the likelihood of introducing a source of 
ignition that would not otherwise be present. This equipment would also 
be of little benefit on open hopper barges, where any vapors generated 
escape to the atmosphere.
    2. One comment suggested that the responsibility of the shipper to 
provide shipping papers be stated with more specificity. The Coast 
Guard has adopted this suggestion. Paragraph (a) of Sec. 148.60 would 
contain a provision requiring that the shipping paper be prepared by 
the shipper. Additionally, in several sections, including 
Secs. 148.15(a) and (b), 148.25(a) and 148.90(c), the responsibility of 
the shipper would be further clarified. These sections would state that 
it is the shipper's responsibility to determine if a Special Permit is 
required, and to apply for the Special Permit. The shipper would also 
be responsible for producing the originating shipping paper, and, most 
importantly, the shipper would be responsible for passing information 
to the master of the vessel (or the tug or towboat operator) concerning 
the nature of the cargo to be loaded and any necessary precautions to 
be taken while loading and transporting that cargo.
    3. Several comments stated that classification of previously 
unregulated materials as hazardous would impose unforeseen burdens on 
the shippers of these materials. The comments expressed concern that 
the materials would be subject to regulations covering all modes of 
transport, including truck and rail, and that the Occupational Safety 
and Health Administration (OSHA) requirements for Material Safety Data 
Sheets and Hazard Communication Programs would be applied to shipments 
of the material.
    It is not the Coast Guard's intent to classify the materials 
previously unregulated by the Coast Guard as ``hazardous''. In response 
to the concerns raised by the comments, this NPRM proposes to change 
the title of 46 CFR part 148 to ``Bulk Solid Materials Requiring 
Special Handling'' thereby eliminating the word ``hazardous''. The 
proposed rules would also establish a new classification called 
``Potentially Dangerous Materials'' (PDM) which would parallel the IMO 
classification MHB. This classification would include materials that 
may be transported in bulk without posing undue risk if the precautions 
described in part 148 are observed. Conversely, if these precautions 
are not followed, the material in this category would have the 
potential to cause harm. In most cases the proposed precautions are 
simply good operating procedures that would be followed by a prudent 
mariner in order to ensure the safety and integrity of the vessel. 
Also, proposed Sec. 148.1 clearly states that these regulations would 
apply only to bulk shipments of these materials by water, and proposed 
Sec. 148.3 clearly states that materials defined as Potentially 
Dangerous Materials would be regulated only when being carried as a 
bulk cargo on board a vessel. These categories and requirements would 
clearly reflect the intended status and handling requirements for the 
materials in question.
    4. One comment noted that the amendments to Chapter VI of SOLAS 74/
83 will not render the BC Code mandatory, and, that since the code will 
remain a recommended standard, it should not be referenced in the Coast 
Guard regulations. The fact that IMO has not made the BC Code mandatory 
through SOLAS does not prohibit any sovereign nation from adopting the 
Code or any of its provisions through that nation's domestic statutes 
and regulations. The Coast Guard proposes, however, to incorporate by 
reference in 46 CFR part 148 only those portions of the BC Code dealing 
with hazardous materials. Thus, selected pertinent provisions of the BC 
Code would be adopted in the Coast Guard regulations. Where necessary, 
those provisions of the BC Code included in the proposed rules would be 
modified to fit the nature of the U.S. shipping industry.
    5. One comment suggested that the format of the regulations not be 
substantially altered because those affected by the regulations are 
familiar with the current format. The comment suggested that if the 
motivating concern of the Coast Guard is reduction of the paperwork 
burden of the Special Permit process, then the Coast Guard should 
change the permitting process to allow for one permit per commodity, 
with interested shippers becoming a party to that permit, and extend 
the expiration date of the permit by ten years. The comment suggested 
adopting these changes without adding any of the materials currently 
carried under Special Permit to the list of materials permitted under 
the regulations.
    The Coast Guard does not agree with this comment. It is the Coast 
Guard's position that while this rule, if adopted, would alter the 
current format of the regulations, it would also clarify the 
responsibilities of shippers and provide them with important safety 
information. Elimination of the time-consuming paperwork burden 
inherent in the Special Permit process for those materials which have 
an established record of safe transportation is only one of the 
motivating factors for undertaking this regulatory revision. Under this 
proposal, new or one-time carriers of a material would be informed of 
the risks and precautions involved in carrying that material. When the 
materials currently carried under Special Permit are not included in 
the proposed regulations, there is a possibility that a shipper or 
carrier might not be aware that a material is potentially dangerous 
when carried in bulk and therefore might not observe the appropriate 
precautions.
    In addition, the inclusion of materials currently carried under 
Special Permit in 46 CFR part 148 would allow all shippers more 
flexibility since they would not have to allow for lead time to obtain 
a Special Permit, and would have a wider choice in the number of 
cargoes that they would be able to carry.
    6. One comment suggested that the Coast Guard differentiate between 
the hazards associated with the various materials. This has been done 
by placing the materials into one of the hazard classes defined by the 
HMR or by classifying them as PDM and including provisions with special 
requirements for materials with the potential to cause significant harm 
if mishandled.
    7. One comment stated that there is no need to change U.S. 
regulations until the amendments to Chapter VI of SOLAS 74/83 are 
approved by IMO and the BC Code becomes mandatory. The Coast Guard does 
not agree with this comment. The amendment to Chapter VI of SOLAS 74/83 
will not make the entire BC Code mandatory, only certain basic 
provisions concerning the passage of cargo information from the shipper 
to the master and the use of vapor detection equipment will become 
mandatory. Moreover, since the comment was received, the revisions to 
Chapter VI of SOLAS 74/83 were adopted at the 59th session of MSC. 
Therefore, the Coast Guard has determined that there is no need to 
further delay the proposal to revise 46 CFR part 148.
    8. Three comments supported the addition of Direct Reduced Iron 
(DRI), in both hot-molded and cold-molded briquets, to the regulations, 
since they are currently being shipped under Special Permits which 
mirror the provisions of the BC Code. The requirements for carrying DRI 
are included in proposed Secs. 148.245 and 148.250.
    9. Two comments suggested that the provision of Special Permit 1-92 
excepting shipments of DRI lumps, pellets, and cold-molded briquets on 
short and sheltered voyages from the requirement that such cargoes must 
be inerted or inhibited should be extended to voyages made entirely on 
the inland waters of the U.S. This comment is adopted and is included 
in proposed Sec. 148.245(h)(2).
    10. One comment recommended that precautions for entering inerted 
holds be added to the requirements for carrying DRI lumps, pellets and 
cold-molded briquets. The comment noted that when carbon dioxide is the 
inerting medium, a safety risk could possibly be created by carbon 
monoxide produced by reaction between the carbon dioxide and the DRI. 
The recommendation is adopted and appropriate requirements for 
analyzing the atmosphere of the cargo hold for carbon monoxide and 
oxygen prior to entry are included in proposed Sec. 148.245(g). Also, 
that section is referenced in proposed Table 148.10.
    11. Four comments recommended that the Coast Guard refrain from 
publishing any proposed requirements for the carriage of coal prior to 
receiving the final report of the Chemical Transportation Advisory 
Committee (CTAC) Subcommittee on Coal Transportation.
    CTAC formed the Coal Subcommittee in order to obtain the 
recommendations of the U.S. coal industry, and the Coast Guard did not 
intend to publish any requirements for the carriage of coal prior to 
receiving the Subcommittee's report. Since this comment was received, 
the final report of the Coal Subcommittee was submitted to and approved 
by CTAC. Subsequently, the Coast Guard prepared and submitted a 
proposal based on the Coal Subcommittee's final report to the 31st 
session of the IMO Subcommittee on Containers and Cargoes (The ``BC 
Subcommittee''). The U.S. proposal, with some slight modifications, was 
adopted by the BC Subcommittee; and in 1991, the provisions of the BC 
Code dealing with the transport of coal were amended accordingly. 
Proposed Sec. 148.240 is based on the BC Code as amended.
    Proposed Sec. 148.240 differs from the report of the CTAC Coal 
Subcommittee in the following respects:
    a. The report offers no guidance on the frequency of monitoring for 
methane and carbon monoxide, while paragraphs (i) and (l) of proposed 
Sec. 148.240 set out minimum testing frequency for that coal which is 
most likely to create dangerous conditions. Under proposed 
Sec. 148.240(n), it would be within the discretion of the master to 
reduce the frequency of monitoring in certain situations.
    b. The report does not specify that the temperature of a self-
heating coal must be monitored. Paragraph (j) of proposed Sec. 148.240 
would require such monitoring.
    c. The report directs the master to seek expert advice and to 
consider heading for the nearest suitable port of refuge if it is 
determined that the coal is heating. Proposed Sec. 148.240(k) would 
require the master to contact the nearest Coast Guard Captain of the 
Port when a coal cargo is heating.
    Other comments about coal concern the effects of designating coal 
as a hazardous material and question the necessity of regulating barge 
shipments of coal. These issues are addressed in the discussion on the 
designation of certain materials as potentially dangerous, and in the 
discussion of the treatment of barge shipments.
    12. Two comments recommended that, based on experience gained while 
shipping uncalcined petroleum coke under the terms of a Coast Guard 
Special Permit, uncalcined petroleum coke be treated in the same manner 
as calcined petroleum coke in the proposed regulations. This 
recommendation is adopted and is included in Sec. 148.295. In addition, 
the Coast Guard submitted a paper to the 30th session of the IMO 
Subcommittee on Containers and Cargoes recommending that a similar 
change be made to the BC Code. This proposal met with approval and the 
BC Code was amended accordingly.
    13. One comment requested that a public hearing be held in the 
event that woodchips and wood pulp pellets were not removed from this 
rulemaking. The Coast Guard declined to schedule a public hearing at 
this stage of the rulemaking. The only requirement for shipments of 
woodchips and wood pulp pellets included in this proposed rule is that 
closed holds be tested prior to entry to ensure that they contain 
sufficient oxygen to support life. Because most U.S. shipments of 
woodchips and wood pulp pellets are currently made in open barges, this 
requirement would not apply to most U.S. shipments. The requirement is 
retained in this proposal in order to comply with the revisions to 
Chapter VI of SOLAS 74/83. Because the requirement would not apply to 
most U.S. shipments of woodchips and wood pulp pellets, the Coast Guard 
has determined that a public hearing is not necessary at this time.

Discussion of Proposed Amendments

Subpart 97.12

    Subpart 97.12 of 46 CFR part 97 would be revised to clarify that 
the subpart would apply to bulk solid cargoes in general and not only 
to ores and ore concentrates. Due to experience gained from a casualty 
to a foreign vessel that loaded a bulk solid cargo in a U.S. port, the 
Coast Guard also proposes to extend the applicability of this part to 
foreign vessels operating in U.S. navigable waters. Further, existing 
Sec. 97.12-5, which has not been revised since 1965, references a 
manual that was the predecessor of the BC Code and that is no longer in 
print. The revised section would include reference to the BC Code as a 
source of information for use in complying with the requirement that 
the master of a vessel be furnished with guidance on safe loading and 
stowage.

Part 148

    As discussed, the title of part 148 would be changed to read ``Bulk 
Solid Materials Requiring Special Handling''.
    This NPRM also proposes to modify the structure of the regulations 
from four to six subparts. Each is explained below briefly.
    Subpart A would state the purpose and applicability of the 
regulations, define terms used in the part, and list (in tabular form) 
the solid materials permitted to be carried as bulk cargoes.
    Subpart B would provide all relevant information concerning Special 
Permits.
    Subpart C would set forth minimum transportation requirements for 
all materials regulated by 46 CFR part 148 and the requirements for 
shipping papers and Dangerous Cargo Manifests.
    Subpart D would set forth general stowage and segregation 
requirements for materials according to their hazard class, and, in 
addition, would contain stowage and segregation requirements for 
specific materials.
    Subpart E would contain special handling, loading, and carriage 
requirements for specific materials. The requirements for specific 
materials in subpart D and this subpart would be in addition to the 
minimum requirements for all materials and the general requirements for 
their respective hazard classes contained in subpart C.
    Subpart F would contain requirements for special equipment or 
procedures when dealing with certain cargoes. The requirements of this 
part would apply when dealing with a cargo only if a provision from 
this part is included in Table 148.10 in reference to a particular 
material included in that cargo.
    The current sections of part 148 would be revised and renumbered as 
follows: 

------------------------------------------------------------------------
             Current section               Replaced by proposed section 
------------------------------------------------------------------------
148.01-1.................................  148.1, 148.3                 
148.01-7.................................  148.10                       
148.01-9.................................  148.15, 148.20               
148.01-11................................  148.25                       
148.01-13................................  148.12                       
148.01-15................................  148.9                        
148.02-1.................................  148.60                       
148.02-3.................................  148.70                       
148.02-5.................................  148.115                      
148.03-1.................................  148.50                       
148.03-5.................................  148.60                       
148.03-7.................................  148.100                      
148.03-11................................  Subpart D                    
148.03-13................................  148.110                      
148.04-1.................................  148.300                      
148.04-9.................................  148.265                      
148.04-13................................  148.260                      
148.04-15................................  148.295                      
148.04-17................................  148.295                      
148.04-19................................  148.320                      
148.04-20................................  148.315                      
148.04-21................................  148.130(a)(4) and (c)        
148.04-23................................  148.230.                     
------------------------------------------------------------------------

    The following proposed sections differ substantively from the 
current regulations:
    Section 148.1. The proposed regulations would apply to foreign-
flag, as well as U.S.-flag, vessels when operating in U.S. waters. The 
regulations would apply to all classes of vessels that transport solid 
bulk cargoes which require special handling, including unmanned barges 
and barge-carrying vessels.
    Section 148.3. This section would include several new definitions, 
including ``potentially dangerous material.'' Also, the definition of 
``bulk'' has been revised for clarity and consistency with the BC Code.
    Section 148.8. The appendices B, D.1, D.4 and D.5 of the 1991 
Edition of the BC Code would be incorporated by reference. Several 
provisions of the proposed rules require the performance of tests 
specified in the BC Code appendices. Shippers and carriers in 
international commerce will be able to comply with the BC Code where 
such compliance is required by the administration of the country of 
origin or destination.
    Section 148.10. The format for table 148.10 would be modified. The 
table would include the UN number and hazard class of the materials and 
references to sections of special requirements to be followed whenever 
that material is carried. These revisions would make it easier to 
determine the exact requirements for the carriage of each approved 
cargo.
    Sections 148.15 through 148.30. These sections would clarify when a 
Special Permit is required, who would have to apply for a Special 
Permit, what information would be required to be submitted to obtain a 
Special Permit, and who would be covered by the Special Permit once it 
is issued. These proposed sections are more detailed than the current 
regulations in order to more clearly state each person's responsibility 
and to clear up recurring misunderstandings concerning the 
applicability of the Special Permit. The submittal of detailed 
information about the material carried would also greatly decrease the 
amount of time currently spent by the Coast Guard in doing the 
necessary research to process each petition for a Special Permit.
    Section 148.15. This proposed section places the responsibility on 
the shipper to determine if the material to be shipped fits into any of 
the hazard classes defined in the HMR or whether it meets the 
definition of a PDM.
    Section 148.20. This section would list the information that must 
be included in a petition for a Special Permit. Submission of a 
Material Safety Data Sheet (MSDS) would, in part, fulfill this 
requirement. When applying for renewal or extension of an existing 
Special Permit, a shipper would be permitted to submit less detailed 
information because the Coast Guard would already be in possession of 
much of the information.
    Section 148.30. This section would instruct the shipper on how to 
obtain a listing of materials for which a Special Permit currently 
exists.
    Section 148.55. This proposed section states that the regulations 
apply to all transportation of solid bulk cargoes within the United 
States including shipments which originate in foreign countries. This 
section provides that it would be the responsibility of the person 
importing a bulk solid cargo to ensure that the foreign shipper is 
aware of U.S. regulatory requirements.
    Section 148.120. This section would contain two tables presenting 
the requirements for segregation between incompatible bulk solid 
cargoes and segregation between bulk solid cargoes and incompatible 
packaged cargoes. These tables are identical to those which appear in 
the BC Code.
    Section 148.155. The properties of potentially dangerous materials 
vary greatly. This section would present the special stowage and 
segregation requirements for these materials in tabular form for 
clarity.
    Section 148.260. This proposed section specifies that a vessel may 
not leave port unless the Captain of the Port is satisfied that the 
temperature of the metal turnings is in accordance with the limits set 
by the applicable provisions of this section. The current provision 
merely specifies that the Captain of the Port must be notified if the 
temperature limits are exceeded.
    Section 148.270. This section would establish a new category of 
materials in part 148. Hazardous substances have previously been 
carried only under Special Permits issued on a case by case basis. 
Hazardous substances are classified by the EPA based on the potential 
of an accidental release of the material to endanger public health or 
welfare or the environment. The EPA assigns to each hazardous substance 
a ``Reportable Quantity'' (RQ), which is that quantity, the release of 
which, requires notification pursuant to 40 CFR part 302.
    The HMR, in 49 CFR 171.8, defines hazardous materials as including 
hazardous substances. Hazardous substances are defined as materials, 
including mixtures and solutions, that are listed in the appendix to 
Sec. 172.101 and that are present in a quantity, in one package, that 
exceeds the RQ of that substance. The definition further sets out the 
concentration of a hazardous substance, for mixtures and solutions, 
that must be present before the mixture or solution is considered a 
hazardous substance. For bulk shipments, the entire shipment would be 
taken into consideration since there is no package. RQs assigned by EPA 
do not exceed 5,000 pounds, so any bulk shipment of hazardous substance 
would be a shipment of a hazardous material. This section would not 
relieve the shipper or the master from any of the reporting 
requirements set forth in 40 CFR part 302, but would set out minimum 
requirements for the safe carriage of solid hazardous substances in 
bulk.
    Sections 148.300 and 148.305. These sections would be revised to 
reflect recent amendments to the HMR and the BC Code which have 
redefined low specific activity (LSA) radioactive materials and added a 
new entry for Radioactive Material, Surface Contaminated Objects.
    Section 148.330. In spite of the stated intention of this 
rulemaking to harmonize U.S. regulations with the BC Code, this 
section, which applies to zinc ashes, zinc dross, zinc residues, and 
zinc skimmings, differs significantly from the BC Code. The provisions 
of this section are based on two Coast Guard Special Permits, SP 8-83 
and SP 4-84. The terms of these permits were developed as the result of 
a number of incidents involving fires or explosions in cargoes of zinc 
skimmings, including at least one with loss of life. The intention of 
this section is to reduce the possibility of hydrogen gas generation 
caused by the reaction of seawater and zinc. Under the proposed 
section, the cargo hold of vessels selected to carry zinc ashes, zinc 
dross, zinc residues or zinc skimmings must be equipped with mechanical 
ventilation using motors approved for use in hydrogen gas atmospheres, 
permanently installed combustible gas detectors, and temperature-
sensing thermocouples.
    Section 148.450. On April 11, 1991, off the coast of California, a 
foreign-flag vessel that had loaded a bulk solid cargo in a U.S. port 
developed a severe list due to shifting of the cargo. Fortunately, this 
vessel was able to return to port and off-load its cargo. The Coast 
Guard investigation of this marine casualty determined that the cargo 
shifted because its moisture content exceeded the safe transportable 
limit, and that this caused the cargo to behave as a liquid. Due to 
this marine casualty and others of a similar nature, the Coast Guard 
proposes to add a new section that prescribes requirements for bulk 
solid cargoes that are subject to liquefaction. The proposed 
regulations are adapted from the BC Code and would only apply to 
calcined pyrites, coal, and metal sulfide concentrates as indicated in 
table 148.10. The proposed rules would recommend, but not require, use 
of the test procedures in appendix D of the BC Code to determine the 
moisture content and transportable moisture limit of bulk solid 
cargoes.

Incorporation by Reference

    The following material would be incorporated by reference in 
Secs. 148.55, 148.205, 148.220, and 148.450:
    The Code of Safe Practice for Bulk Solid Cargoes, Appendices B, 
D.1, D.4 and D.5.
    Copies of the material are available for inspection where indicated 
under ADDRESSES. Copies of the material are available at the addresses 
given in Sec. 148.8.
    Before publishing a final rule, the Coast Guard will submit this 
material to the Director of the Federal Register for approval of the 
incorporation by reference.

Regulatory Assessment

    This proposal is not a significant regulatory action under 
Executive Order 12866 and not significant under the ``Department of 
Transportation Regulatory Policies and Procedures'' (44 FR 11040; 
February 26, 1979). A draft Regulatory Assessment is available in the 
docket for inspection and copying where indicated under ``ADDRESSES''.
    These proposed regulations would have a multifaceted economic 
impact on the bulk solids transportation industry. The Coast Guard 
estimates that if these regulations are adopted there would be an 
economic impact on the entire bulk solid shipping industry of $391,653 
per year, after an initial investment of $168,000. Costs associated 
with preparation of the vessels and operation and maintenance of the 
equipment are estimated to be $373,440 annually. The cost of doing the 
paperwork necessary under the proposed revisions to this part is 
estimated to be $18,213 annually, which is less than half of the 
$43,745 estimated for the current regulations due to the elimination of 
the need to apply for Special Permits for most cargoes.
    Amendments to add those materials currently carried under Special 
Permit to those listed in 46 CFR part 148 that may be carried with 
special handling, will, if adopted, reduce the paperwork burden on the 
regulated industry and the Coast Guard, and provide greater flexibility 
for shippers of bulk solid materials.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 501 et seq.), the 
Coast Guard must consider whether this proposal, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' include independently owned and operated 
small businesses that are not dominant in their field and that 
otherwise qualify as ``small business concerns'' under section 3 of the 
Small Business Act (15 U.S.C. 632).
    It is estimated that the bulk solid materials affected by this 
proposal would be shipped on 18 vessels, by at least one hundred 
different shippers. Therefore, the cost of these regulations would be 
divided among numerous interests and would not significantly impact any 
particular interest.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposal, if adopted, will not have a significant economic impact 
on a substantial number of small entities. If, however, you think that 
your business qualifies as a small entity and that this proposal will 
have a significant economic impact on your business, please submit a 
comment (see ADDRESSES) explaining why you think your business 
qualifies and in what way and to what degree this proposal will 
economically affect your business.

Collection of Information

    Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the 
Office of Management and Budget (OMB) reviews each proposed rule that 
contains a collection of information requirement to determine whether 
the practical value of the information is worth the burden imposed by 
its collection. Collection of information requirements include 
reporting, recordkeeping, notification, and other, similar 
requirements.
    This proposal contains collection of information requirements in 
the following sections: 46 CFR part 148, subpart B and 148.60 and 
148.70. The following particulars apply:
    DOT No: 2115.
    OMB Control No: 2115-0100.
    Administration: U.S. Coast Guard.
    Title: Carriage of Bulk Solid Materials Requiring Special Handling.
    Need for Information: Special Permits allow the Coast Guard to 
ensure safety while allowing the shipping industry the flexibility to 
ship new materials. Shipping papers are necessary to identify the cargo 
being shipped and the hazard associated with the cargo. The Dangerous 
Cargo Manifest provides information on the location and quantity of 
hazardous materials on board a vessel. Shipper's certificates ensure 
that certain cargoes are acceptable for shipment by vessel.
    Proposed Use of Information: This information is used by the Coast 
Guard to ensure safety on board vessels and in administering and 
enforcing the laws, regulations, and international treaties for the 
safe transportation and stowage of hazardous materials.
    Responses: 1521 per year.
    Respondents: 100.
    Frequency of Response: 15.2 per respondent per year.
    Burden Estimate: 575 hours per year.
    Average Burden Hours per Respondent: 5.75 hours per year.
    The Coast Guard has submitted the requirements to OMB for review 
under section 3504(h) of the Paperwork Reduction Act. Persons 
submitting comments on the requirements should submit their comments 
both to OMB and to the Coast Guard where indicated under ADDRESSES.

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612, and has determined that 
this proposal does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.
    This rulemaking proposes regulations under which certain solid 
materials requiring special handling may be transported in bulk by 
water. The regulations would apply to each domestic and foreign vessel, 
which is not exempted under 49 U.S.C. 1806(b), that transports solid 
materials requiring special handling when transported in bulk, when in 
the navigable waters of the United States. The authority to establish 
such regulations for vessels operating in the navigable waters of the 
United States has been committed to the Coast Guard by Federal 
statutes. Furthermore, since vessels tend to move from port to port in 
the national and international marketplace, the safety standards 
proposed in this rule should be of national scope to avoid burdensome 
variances. Therefore, the Coast Guard intends this rule, if adopted, to 
preempt state action addressing the same subject matter.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that preparation of an Environmental Impact 
Statement is not necessary. An Environmental Assessment and a draft 
Finding of No Significant Impact are available in the docket for 
inspection and copying where indicated under ADDRESSES. The only 
environmental impact of this rulemaking would be to decrease the 
likelihood of a spill or release of hazardous material into the 
environment. This decrease in the probability of a spill can be 
attributed to an increased awareness of the potential danger of 
hazardous bulk solid materials, and the decreased risk of a fire or 
explosion on a vessel carrying these materials. Since bulk carriers 
currently have a very low rate of spills and releases, this impact 
would be minimal.

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.

    For the reasons set out in the preamble the Coast Guard proposes to 
amend 46 CFR parts 97 and 148 as follows:

PART 97--OPERATIONS

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

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 5111, 6101; 49 
U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp., 
p. 793; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 
1.46.

    2. Subpart 97.12 is revised to read as follows:

Subpart 97.12--Bulk Solid Cargoes


Sec. 97.12-1  Applicability.

    (a) Notwithstanding Sec. 90.05-1(a)(1) of this chapter, this 
subpart applies to each vessel, other than an unmanned barge, to which 
this subchapter applies, and to each foreign vessel operating on the 
navigable waters of the United States, when carrying a bulk solid 
cargo.
    (b) A bulk solid cargo, is a cargo other than grain that consists 
of a combination of particles, granules, or larger pieces of material, 
generally uniform in composition, and that is loaded directly into a 
cargo space of a vessel without any intermediate form of containment.
    (c) Additional requirements applying to bulk solid materials 
requiring special handling are contained in part 148 of this chapter.


Sec. 97.12-5  Guidance to be furnished to the master.

    (a) The owner or operator of each vessel to which this subpart 
applies shall furnish the master of that vessel with guidance 
concerning the safe loading and stowage of each bulk solid cargo 
carried by that vessel.
    (b) The ``Code of Safe Practice for Solid Bulk Cargoes'', printed 
and distributed by the International Maritime Organization contains 
general information on the loading and stowage of bulk solid cargoes 
which may be used to comply with the requirement of paragraph (a) of 
this section. NOTE: This code is available from the source listed in 
Sec. 148.8(b) of this chapter.

    3. In Sec. 97.55-1, the first sentence of paragraph (a) is revised 
to read as follows:


Sec. 97.55-1  Master's responsibility.

    (a) 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 deenergized at the distribution panel or 
panel board. * * *
* * * * *
    4. Part 148 is revised to read as follows:

PART 148--CARRIAGE OF BULK SOLID MATERIALS WHICH REQUIRE SPECIAL 
HANDLING

Subpart A--General

Sec.
148.1  Applicability.
148.3  Definitions.
148.5  Alternative procedures.
148.7  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.
148.8  Incorporation by reference.
148.9  Right of appeal.
148.10  Permitted materials.
148.12  Assignment and certification.

Subpart B--Special Permits

148.15  Petition for Special Permit.
148.20  Information required when petitioning for a Special Permit.
148.25  Special Permits; standard conditions.
148.30  List of Special Permits issued.

Subpart C--Minimum Transportation Requirements

148.50  General.
148.55  International shipments.
148.60  Shipping papers.
148.70  Dangerous cargo manifest.
148.80  Supervision of cargo transfer.
148.90  Prior to loading.
148.100  Log book entries.
148.110  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 fertilizers.
148.220  Ammonium nitrate-phosphate fertilizers.
148.225  Calcined pyrites (pyritic ash, fly ash).
148.227  Calcium nitrate fertilizers
148.230  Lime, unslaked (Calcium oxide).
148.235  Castor beans.
148.240  Coal.
148.245  Direct reduced iron (DRI); lumps, pellets and cold-molded 
briquets.
148.250  Direct reduced iron (DRI); hot-molded briquets.
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.
148.295  Petroleum coke, calcined or uncalcined, at 55 deg.C 
(131 deg.F) or above.
148.300  Radioactive material; low specific activity.
148.305  Radioactive material; surface contaminated objects.
148.310  Seed cake.
148.315  Sulfur.
148.320  Tankage; garbage tankage; rough ammonia tankage; or tankage 
fertilizer.
148.325  Wood chips; 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.
148.425  Oxygen analyzers.
148.430  Self-contained breathing apparatus.
148.435  Electrical circuits in cargo holds.
148.440  Stowage precautions.
148.445  Adjacent spaces.
148.450  Cargoes subject to liquefaction.

    Authority: 46 U.S.C 5111; 49 U.S.C. App. 1804; 49 CFR 1.46

Subpart A--General


Sec. 148.1  Applicability.

    (a) This part prescribes the regulations under which certain solid 
materials requiring special handling may be transported in bulk by 
water.
    (b) The regulations in this part apply to each domestic and foreign 
vessel that is not exempted under 49 U.S.C. 1806(b) and that transports 
solid materials requiring special handling when transported in bulk, 
when in the navigable waters of the United States.
    (c) Each master of a vessel, person in charge of a barge, owner, 
operator, charterer, and agent shall ensure compliance with this part 
and communicate the requirements to every person performing any 
function covered by this part.


Sec. 148.3  Definitions.

    The following terms are defined as used in this part:
    A-60 class division means such a division as defined in Sec. 32.57-
5 of this chapter.
    Adjacent space means an enclosed space on a vessel, such as a cargo 
hold or compartment, accommodation or working space, storeroom, 
passageway, or tunnel, that shares a common bulkhead or deck with a 
cargo hold or compartment containing a material listed in table 148.10 
of this part and that has a hatch, door, scuttle, cable fitting, or 
other penetration through such a bulkhead or deck.
    Away from means effectively segregated so that incompatible 
materials cannot interact dangerously in the event of an accident but 
may be carried in the same hold or compartment or on deck provided a 
minimum horizontal separation of 3 meters (10 feet), projected 
vertically, is provided.
    BC Code means the Code of Safe Practice for Solid Bulk Cargoes 
published by the International Maritime Organization, 4 Albert 
Embankment, London SE1 7SR, UK.
    Bulk applies to any material, other than a liquid or gas, 
consisting of a combination of particles, granules or any larger pieces 
of material, generally uniform in composition, which is loaded directly 
into the cargo spaces of a vessel without any intermediate form of 
containment.
    Cold-molded briquets are briquets of DRI that have been molded at a 
temperature of under 650 deg.C (1495 deg.F) or that have a density of 
under 5.0 g/cm3.
    Commandant (G-MTH) is the Marine Technical and Hazardous Materials 
Division of the Coast Guard Office of Marine Safety, Security and 
Environmental Protection. The address is: the Commandant (G-MTH), U.S. 
Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-
0001. The telephone number is (202) 267-1217.
    DRI means direct reduced iron.
    Ferrous metal means ferrous metal borings, shavings, turnings, or 
cuttings.
    Hazard class (class) means the category of hazard assigned to a 
material under this part and 49 CFR parts 171 through 173.
    Hazard classes used in this part are defined in the following 
sections of 49 CFR: 

                        Hazard Class Definitions                        
------------------------------------------------------------------------
                   Class No.--description                      Reference
------------------------------------------------------------------------
Class 1, 1.1, 1.4, 1.5--Explosives..........................  Sec. 173.5
                                                                       0
Class 2--Compressed gas.....................................  Sec. 173.1
                                                                      15
Class 3--Flammable liquid...................................  Sec. 173.1
                                                                      20
Class 4, 4.1, 4.2, 4.3--Flammable solid, spontaneously                  
 combustible material, dangerous when wet material..........  Sec. 173.1
                                                                      20
Class 5, 5.1--Oxidizer and organic peroxide.................  Sec. 173.1
                                                                      27
Class 6.1--Poisonous material...............................  Sec. 173.1
                                                                      32
Class 7--Radioactive material...............................  Sec. 173.2
                                                              Sec. 173.4
                                                                      03
Class 8--Corrosive material.................................  Sec. 173.1
                                                                      36
Class 9-- Miscellaneous hazardous material..................  Sec. 173.1
                                                                     40 
------------------------------------------------------------------------

    Hazardous substance is a substance as defined in 49 CFR 171.8.
    Hold means a space below deck that is used exclusively for the 
stowage of cargo and that is enclosed by the vessel's decks and sides 
or permanent steel bulkheads.
    Hot-molded briquets are briquets of DRI that have been molded at a 
temperature of 650  deg.C (1495  deg.F) or higher, or that have a 
density of 5.0 g/cm\3\ (312 lb/ft\3\) or greater.
    LFL means lower flammable limit.
    Master includes an authorized representative of the master.
    Material Safety Data Sheet is as defined in 29 CFR 1910.1200.
    Potentially Dangerous Material (``PDM'') means a material which, 
although not specifically falling into a particular hazard class, when 
carried as a bulk cargo on board a vessel presents sufficient 
likelihood of developing dangerous conditions which require specific 
precautions. Materials in this class include those which may cause 
oxygen depletion in the cargo hold, and those liable to self-heating. 
Materials which present a potential danger associated solely with their 
tendency to shift in the cargo hold are not included in this class of 
material.
    Readily Combustible Material is as defined in 49 CFR 176.3.
    Reportable Quantity (RQ) is as defined in 49 CFR 171.8.9
    Seed cake means the residue remaining after the vegetable oil has 
been extracted by a solvent process or mechanically expelled from oil-
bearing seeds such as coconuts, cotton seed, peanuts, linseed, etc.
    Separated by a complete cargo compartment or hold from means either 
a vertical or horizontal separation. If the intervening decks are not 
resistant to fire and liquid, only horizontal separation, i.e. by a 
complete cargo compartment or hold, is acceptable.
    Separated from means 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.
    Separated longitudinally by an intervening complete cargo 
compartment or hold from means that vertical separation alone does not 
meet this requirement.
    Shipper includes an authorized representative of the shipper.
    Stowage factor means the number of cubic meters that 1000 kilograms 
(0.984 long ton) of a bulk solid material will occupy.
    Surface ventilation means ventilation which is sufficient to remove 
accumulated gases from the void space above the cargo, but which does 
not direct air into the body of the cargo.
    Transported includes the various operations associated with cargo 
transportation such as, loading, off-loading, handling, stowing, 
carrying, and conveying.
    Vessel means a cargo ship or barge.


Sec. 148.5  Alternative procedures.

    (a) The Commandant (G-MTH) may authorize the use of an alternative 
procedure 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 
be in writing, identify the requirement for which the alternative is 
requested, and contain a detailed explanation of--
    (1) Why the requirement is impracticable or unnecessary; and
    (2) What measures will be taken to maintain an equivalent level of 
safety.


Sec. 148.7  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

    (a) Purpose. This section collects and displays the control numbers 
assigned to information collection and recordkeeping requirements in 
this part by the Office of Management and Budget (OMB) pursuant to the 
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). The Coast 
Guard intends that this section comply with the requirements of 44 
U.S.C. 3507(f), which requires that agencies display a current control 
number assigned by the Director of the OMB for each approved agency 
information collection requirement.
    (b) Display. 

------------------------------------------------------------------------
                                                                Current 
                                                                  OMB   
    46 CFR part or section where identified or described        control 
                                                                 No.    
------------------------------------------------------------------------
Part 148....................................................  2115-0100 
------------------------------------------------------------------------

Sec. 148.8  Incorporation by reference.

    (a) Certain materials are incorporated by reference into this part 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other 
than the one listed in paragraph (b) of this section, notice of change 
must be published in the Federal Register and the material must be made 
available to the public. All approved material is on file for 
inspection at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC, and at the U.S. Coast Guard, 
Marine Technical and Hazardous Materials Division (G-MTH), 2100 Second 
Street, SW, Washington, DC 20593-0001, and is available from the 
sources indicated in paragraph (b) of this section.
    (b) The material approved for incorporation by reference in this 
part are the following appendices of the Code of Safe Practice for 
Solid Bulk Cargoes, 1991 Edition, published by the International 
Maritime Organization, 4 Albert Embankment, London SE1 7SR, UK, and the 
sections affected are as follows:

Appendix B
148.55 
Appendix D.1
148.450 
Appendix D.4
148.220 
Appendix D.5
148.205 


Sec. 148.9  Right of appeal.

    Any person directly affected by a decision or action taken under 
this part, by or on behalf of the Coast Guard, may appeal therefrom in 
accordance with part 1, 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 the regulations in this part. A material that is not 
listed in table 148.10 of this section but which meets the definition 
of any hazard class in 49 CFR part 171 or 173, or which meets the 
definition of potentially dangerous material, may be transported on the 
navigable waters of the U.S. only if a Special Permit is issued by the 
Commandant (G-MTH) in accordance with Sec. 148.15.
    (b) Except as provided in paragraph (c) of this section, a mixture 
or blend of a material listed in table 148.10 of this section and a 
bulk solid material not listed therein must be transported under the 
requirements applying to the listed material.
    (c) A mixture or blend containing any bulk solid material that is 
subject to the Special Permit provisions of Sec. 148.15 must be 
transported under the terms of a Special Permit.
    (d) A mixture or blend of materials, two or more of which are 
listed in table 148.10 of this section, will be treated as an unlisted 
material and a Special Permit, in accordance with Sec. 148.15, is 
required for shipment in bulk.
    (e) The requirements contained in part 4 of this chapter for 
providing notice and reporting of marine casualties and for retaining 
voyage records apply to shipments of the materials listed in table 
148.10 of this section.

                                                  Table 148.10                                                  
----------------------------------------------------------------------------------------------------------------
                                                                                                    Sections    
                                                                                                   containing   
      Material           I.D. No.        Hazard class          Hazard        Characteristics        special     
                                                            description                         requirements in 
                                                                                                    part 148    
----------------------------------------------------------------------------------------------------------------
Aluminum             ................  PDM.............  .................  Also: aluminum     155, 405(b),     
 Dross\2\,\3\.                                                               residues,          420(b), 445.    
                                                                             aluminum                           
                                                                             skimmings.                         
Aluminum             UN1395..........  4.3.............  Dangerous when     Powder...........  135, 255, 405(b),
 Ferrosilicon\2\,\3                                       wet, poison.                          407, 415(a)&(e),
 \.                                                                                             420(b), 425,    
                                                                                                430, 445.       
Aluminum Nitrate\4\  UN1438..........  5.1.............  Oxidizer.........  .................  140.             
Aluminum             UN1398..........  4.3.............  Dangerous when     Powder, uncoated.  135, 205, 405(b),
 Silicon\2\,\3\.                                          wet.                                  407, 415(a)&(e),
                                                                                                420(b), 425,    
                                                                                                430, 445.       
Ammonium Nitrate     UN2067..........  5.1.............  Oxidizer.........  .................  140, 205, 405(a),
 Fertilizer\5\.                                                                                 407, 410.       
Ammonium Nitrate     UN2069..........  5.1.............  Oxidizer.........  With ammonium      140, 205, 405(a),
 Fertilizer\5\.                                                              sulfate.           407, 410.       
Ammonium Nitrate     UN2068..........  5.1.............  Oxidizer.........  With calcium       140, 205, 405(a),
 Fertilizer\5\.                                                              carbonate.         407, 410.       
Ammonium Nitrate     UN2070..........  5.1.............  Oxidizer.........  Nitrogen/Phosphat  140, 205, 405(a),
 Fertilizer\5\.                                                              e/Potash.          407, 410.       
Ammonium Nitrate     UN2071..........  9...............  .................  Nitrogen/Phosphat  150, 220, 405(a),
 Fertilizer\6\.                                                              e/Potash.          407.            
Barium               UN1466..........  5.1.............  Oxidizer, poison.  .................  140.             
 Nitrate\4\,\7\.                                                                                                
Calcined             ................  PDM.............  .................  Pyritic ash, Fly   155, 225, 450.   
 Pyrites\8\,\9\,\24                                                          ash.                               
 \.                                                                                                             
Calcium Nitrate\4\.  UN1454..........  5.1.............  Oxidizer.........  .................  140, 227.        
Castor Beans\10\...  UN2969..........  9...............  .................  Whole beans......  150, 235.        
Charcoal\1\,\11\,\1  ................  PDM.............  .................  Screenings,        155, 425, 430.   
 2\.                                                                         briquets.                          
Coal\11\,\12\,\13\,  ................  PDM.............  .................  .................  155, 240, 405(b),
 \14\,\24\.                                                                                     407 415(b),     
                                                                                                420(a)&(c), 425,
                                                                                                430, 440(c),    
                                                                                                445, 450.       
Copra\11\,\12\.....  UN1363..........  4.2.............  Spontaneously      Dry..............  130, 425, 430.   
                                                          Combustible.                                          
Direct Reduced Iron  ................  PDM.............  .................  Lumps, pellets     155, 245, 405(b),
 (DRI)\1\,\2\,\12\.                                                          and cold molded    407, 420(b),    
                                                                             briquets.          425, 430, 445.  
Direct Reduced Iron  ................  PDM.............  .................  Hot molded         155, 250, 420(b),
 (DRI)\1\,\2\,\12\.                                                          briquets.          425, 430.       
Environmentally      UN3077..........  9...............  Hazardous          .................  150, 270.        
 Hazardous                                                substances                                            
 Substance, Solid,                                        listed in 40 CFR                                      
 N.O.S.\15\.                                              part 302.                                             
Ferrophosphorus\2\,  ................  PDM.............  .................  Including          155, 415(e), 445.
 \3\.                                                                        briquets.                          
Ferrosilicon\2\,\3\  UN1408..........  4.3.............  Dangerous when     With 30-90%        135, 255, 405(b),
                                                          wet.               silicon.           407, 415(a)&(e),
                                                                                                420(b), 430,    
                                                                                                445.            
Ferrosilicon\2\,\3\  ................  PDM.............  .................  25%-30% silicon    155, 255, 405(b),
                                                                             or 90% or more     407, 415(a)&(e),
                                                                             silicon.           420(b), 430,    
                                                                                                445.            
Ferrous Metal,       UN2793..........  4.2.............  Spontaneously      Iron swarf, steel  130, 260, 425,   
 borings, shavings,                                       Combustible.       swarf.             430.            
 turnings or                                                                                                    
 cuttings\11\,\12\.                                                                                             
Fish Meal or Fish    UN2216..........  9...............  .................  Ground and         150, 265, 425,   
 Scrap\11\,\12\.                                                             pelletized         430.            
                                                                             (mixture), anti-                   
                                                                             oxidant treated..                  
Fluorspar\8\.......  ................  PDM.............  .................  Calcium fluoride.  155, 440(b).     
Iron Oxide or Iron   UN1376..........  4.2.............  Spontaneously      Spent............  130, 275, 415(c),
 Sponge\3\,\11\,\12                                       Combustible.                          (d)&(f), 425,   
 \,\14\.                                                                                        430 440(c), 445.
Lead                 UN1469..........  5.1.............  Oxidizer.........  Marine Pollutant.  140, 270, 440(b).
 Nitrate\4\,\7\,\22                                                                                             
 \.                                                                                                             
Lime, unslaked\1\..  UN1910..........  PDM.............  .................  Calcium Oxide,     155, 230.        
                                                                             quicklime.                         
Magnesia,            ................  PDM.............  .................  Lightburned        155, 280.        
 unslaked\1\.                                                                magnesia,                          
                                                                             calcined                           
                                                                             magnesite.                         
Magnesium            UN1474..........  5.1.............  Oxidizer.........  .................  140.             
 Nitrate\4\.                                                                                                    
Metal Sulfide        ................  PDM.............  .................  Solid, finely      155, 285, 425,   
 Concentrates\11\,\                                                          divided sulfide    430, 440(b),    
 12\,\22\,\24\.                                                              concentrates of    450.            
                                                                             copper, iron,                      
                                                                             lead, nickel,                      
                                                                             zinc, or other                     
                                                                             metalliferous                      
                                                                             ores.                              
Petroleum Coke\11\.  ................  PDM.............  .................  Calcined or        155, 295.        
                                                                             uncalcined at >                    
                                                                             55  deg.C (131                     
                                                                             deg.F).                            
Pitch Prill,         ................  PDM.............  .................  .................  155, 440(b).     
 Prilled Coal Tar,                                                                                              
 Pencil Pitch\16\.                                                                                              
Potassium            UN1486..........  5.1.............  Oxidizer.........  Saltpeter........  140.             
 Nitrate\4\.                                                                                                    
Radioactive          UN2912..........  7...............  Radioactive......  Low Specific       145, 300.        
 material\17\.                                                               Activity.                          
Radioactive          UN2913..........  7...............  Radioactive......  Surface            145, 305.        
 material\17\.                                                               Contaminated                       
                                                                             Objects.                           
Sawdust\12\,\18\...  ................  PDM.............  .................  .................  155, 405(a), 407,
                                                                                                425, 430,       
                                                                                                440(a).         
Seed Cake\12\,\19\.  UN1386..........  4.2.............  Spontaneously      Mechanically       130, 310, 425,   
                                                          Combustible.       expelled or        430.            
                                                                             solvent                            
                                                                             extractions.                       
Seed Cake\12\,\19\.  UN2217..........  4.2.............  Spontaneously      Solvent            130, 310, 425,   
                                                          Combustible.       extractions.       430.            
Silicomanganese\2\,  ................  PDM.............  .................  .................  155, 405(b), 407,
 \3\.                                                                                           415(a)&(d),     
                                                                                                420(b), 425,    
                                                                                                430, 445.       
Sodium Nitrate\4\..  UN1498..........  5.1.............  Oxidizer.........  Chili saltpeter,   140.             
                                                                             Chilean natural                    
                                                                             nitrate.                           
Sodium Nitrate       UN1499..........  5.1.............  Oxidizer.........  Mixtures prepared  140.             
 mixed with                                                                  as fertilizer.                     
 Potassium                                                                                                      
 Nitrate\4\.                                                                                                    
Sulfur\14\,\20\....  UN1350..........  4.1.............  Flammable Solid..  Lumps or coarse-   125, 315, 405(a),
                                                                             grained powder.    407, 435,       
                                                                                                440(c).         
Tankage\11\........  ................  PDM.............  .................  Garbage tankage,   155, 320.        
                                                                             Rough ammonia                      
                                                                             tankage, Tankage                   
                                                                             fertilizer.                        
Vanadium Ore\21\...  ................  PDM.............  .................  .................  155, 430.        
Woodchips, Wood      ................  PDM.............  .................  .................  155, 325, 425,   
 Pulp Pellets\12\.                                                                              430.            
Zinc Ashes, Dross,   UN1435..........  4.3.............  Dangerous when     .................  135, 330, 405(b),
 Residues or                                              wet.                                  407, 420(b),    
 Skimmings\2\,\3\,\                                                                             425, 430, 435,  
 23\.                                                                                           445.            
----------------------------------------------------------------------------------------------------------------
\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 which support combustion.                                                                               
\6\These mixtures may be subject to self-sustaining decomposition if heated. Decomposition, once initiated, may 
  spread throughout the remainder, producing gases which 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 footnote 15 and sec. 148.270.                   
\23\Hazardous substance when consisting of pieces having a diameter less than 10 micrometers (0.004 in.), see   
  footnote 15 and sec. 148.270.                                                                                 
\24\Cargo subject to liquefaction.                                                                              

Sec. 148.12  Assignment and certification.

    (a) The National Cargo Bureau, Inc. is authorized to assist the 
U.S. Coast Guard in administering the provisions contained in 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 as to the stowage requirements 
applicable to the transportation of solid materials in bulk; and
    (4) Issuing certificates of loading which verify that the stowage 
of the solid material in bulk is in accordance with the applicable 
regulations of this part.
    (b) Certificates of loading from the National Cargo Bureau, Inc. 
are accepted as evidence of compliance with the applicable provisions 
regarding the transportation of solid materials in bulk on board 
vessels.

Subpart B--Special Permits


Sec. 148.15  Petition for Special Permit.

    (a) Each person who wishes to ship a bulk solid material not listed 
in table 148.10 of this part shall determine whether the material 
proposed to be shipped meets the definition of any hazard class or the 
definition of potentially dangerous material.
    (b) Each person to whom paragraph (a) of this section applies, must 
submit a petition in writing to the Commandant (G-MTH) for 
authorization to ship any hazardous material or potentially dangerous 
material not listed in table 148.10 of this part.
    (c) If a petition for authorization is approved by the Commandant 
(G-MTH), the petitioner is issued a Coast Guard Special Permit allowing 
the material to be transported in bulk by vessel and setting 
requirements for the transport of the material.


Sec. 148.20  Information required when petitioning for a Special 
Permit.

    (a) Each petition for a Special Permit must contain, as a minimum, 
the following information:
    (1) A description of the material, including, if a hazardous 
material--
    (i) The proper shipping name from the tables in 49 CFR 172.101 and 
the appendix to that section;
    (ii) The hazard class and division of the material; and
    (iii) The identification number of the material.
    (2) A Material Safety Data Sheet (MSDS) for the material, or--
    (i) The chemical name and any trade names or common names of the 
material;
    (ii) The composition of the material, including the weight percent 
of each constituent;
    (iii) Physical data, including color, odor, appearance, melting 
point and solubility;
    (iv) Fire and explosion data, including autoignition temperature, 
any unusual fire or explosion hazards and any special fire fighting 
procedures;
    (v) Health hazards, including any dust inhalation hazards and any 
chronic health effects;
    (vi) The threshold limit value (TLV) of the material or its major 
constituents, if available, and any relevant toxicity data;
    (vii) Reactivity data, including any hazardous decomposition 
products and any incompatible materials; and
    (viii) Special protection information, including ventilation 
requirements and personal protection equipment required.
    (3) Other potentially dangerous characteristics of the material not 
covered by paragraphs (a)(1) and (a)(2) of this section, including--
    (i) Self-heating;
    (ii) Depletion of oxygen in the cargo space;
    (iii) Dust explosion; and
    (iv) Liquefaction (See Sec. 148.450).
    (4) A detailed description of the proposed transportation 
operation, including--
    (i) The type of vessel proposed for water movements;
    (ii) The expected loading and discharge ports, if known;
    (iii) Procedures to be used for loading and unloading the material;
    (iv) Precautions to be taken when handling the material; and
    (v) The expected temperature of the material at the time it will be 
loaded on the vessel.
    (5) Test results (if appropriate).
    (6) Previous approvals or permits.
    (7) Any relevant shipping or accident experience (or any other 
relevant transportation history by any mode of transport).
    (b) Requests for permit extensions or renewals must be submitted in 
writing to the Commandant (G-MTH) before the date of expiration of the 
permit. The request for extension or renewal must include the 
information prescribed in paragraphs (a)(1), (a)(6) and (a)(7) of this 
section.
    (c) To permit timely consideration, a petition for a Special Permit 
or request for extension or renewal of a Special Permit, should be 
submitted at least 45 days before the requested effective date.


Sec. 148.25  Special Permits; standard conditions.

    (a) Each person to whom a Special Permit has been issued under the 
terms of Sec. 148.15 shall comply with all the requirements of this 
part unless specifically exempted by the terms of the Special Permit.
    (b) Each Special Permit covers any shipment of the permitted 
material originated by the shipper noted on the Special Permit, 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.
    (c) Each person to whom a Special Permit has been issued shall 
provide a copy of the Special Permit to the master of each vessel or 
person in charge of each barge carrying the material for which the 
Special Permit was issued, along with the information required in 
Sec. 148.90.
    (d) The master of a vessel transporting a material for which a 
Special Permit has been issued shall 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.
    (e) The person in charge of a barge transporting any material for 
which a Special Permit has been issued shall 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 
paper as prescribed in Sec. 148.60(b).
    (f) Each Special Permit is valid for a period, not to exceed two 
years, determined by the Commandant (G-MTH) and is subject to 
suspension or revocation before its expiration date.


Sec. 148.30  List of Special Permits issued.

    A list of all materials for which Special Permits have been issued 
and copies of Special Permits are available from the Commandant (G-
MTH).

Subpart C--Minimum Transportation Requirements


Sec. 148.50  General.

    (a) The regulations in this subpart apply to each bulk shipment 
of--
    (1) A material listed in table 148.10 of this part; and
    (2) Any solid material shipped under the terms of a Coast Guard 
Special Permit.
    (b) When subpart D of this part sets a temperature limit for 
loading or transporting a material--
    (1) The temperature of the material must be measured between 20 and 
36 cm. (8 to 14 inches) below the surface at 3 meter (10 foot) 
intervals over the length and width of the stockpile or cargo hold;
    (2) The temperature must be measured at any spot in the stockpile 
or cargo hold that shows any evidence of heating; and
    (3) Prior to loading or transporting the material, all temperatures 
measured must be below the temperature limit as given in subpart D of 
this part.


Sec. 148.55  International shipments.

    (a) Each person who imports a bulk solid cargo of a material 
requiring special handling into the United States shall provide the 
shipper in the country of origin and the agent at the place of entry 
with timely and complete information as to the requirements that will 
apply to the carriage, unloading, and handling of the material within 
the United States.
    (b) The foreign shipper shall furnish the information provided 
pursuant to paragraph (a) of this section, as well as the shipper's 
certification required by Sec. 148.60(a), either on the shipping paper 
or dangerous cargo manifest.
    (c) Notwithstanding the requirements of this part, a bulk solid 
material may be transported in international commerce to or from the 
United States if it is classed, described, stowed, and segregated in 
accordance with Appendix B of the BC Code.


Sec. 148.60  Shipping papers.

    (a) Except as provided in paragraph (d) of this section, the master 
of a vessel may not accept for transportation, nor transport by vessel 
in bulk, any material listed in table 148.10 of this part unless the 
material offered for such shipment is accompanied by a shipping paper 
prepared by the shipper on which the following information is provided:
    (1) The shipping name and hazard class of the material as listed in 
table 148.10 of this part, or on the Special Permit under which the 
material is carried.
    (2) The quantity of the material to be transported.
    (3) The name and address of the U.S. shipper.
    (4) A certification which bears the following statement, signed by 
the shipper: ``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''.
    (b) Whenever a provision of subpart E or F of this part requires 
the shipper to provide the master of a vessel or person in charge of a 
barge with a written certification or statement, the certification or 
statement must be on or attached to the shipping paper.
    (c) The shipping paper required in paragraph (a) of this section 
must be kept on board the vessel along with the dangerous cargo 
manifest required by Sec. 148.70. When the shipment is by unmanned 
barge the shipping paper must be kept on the tug or towing vessel. When 
an unmanned barge is moored, the shipping paper must remain on board 
the barge in a readily retrievable location.
    (d) Unless specifically required in subpart D of this part, no 
shipping paper is required for shipments of materials designated as 
potentially dangerous materials in table 148.10 of this part.


Sec. 148.70  Dangerous cargo manifest.

    (a) Except as provided in paragraphs (b) and (c) of this section, 
each vessel transporting materials listed in table 148.10 of this part 
must have on board a dangerous cargo manifest on which the following 
information is entered:
    (1) The name and official number of the vessel. (If the vessel has 
no official number, the international radio call sign must be 
substituted.)
    (2) The nationality of the vessel.
    (3) The name of the material as listed in table 148.10 of this 
part.
    (4) The hold(s) or cargo compartment(s) in which the material is 
being transported.
    (5) The quantity of material loaded in each hold or cargo 
compartment.
    (6) The date and signature of the master, acknowledging the 
correctness of the dangerous cargo manifest.
    (b) 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.
    (c) When a dangerous cargo manifest is required for an unmanned 
barge on an international voyage, paragraph (a)(4) of this section does 
not apply, unless the barge has more than one cargo compartment.
    (d) This document must be kept in a designated holder on or near 
the vessel's bridge, or when required for an unmanned barge, on board 
the tug or towing vessel.


Sec. 148.80  Supervision of cargo transfer.

    The master shall ensure that cargo transfer operations are 
supervised by a responsible person as defined in 49 CFR 176.2 and 
176.57.


Sec. 148.90  Prior to loading.

    Prior to loading any material listed in table 148.10 of this part 
in bulk on board a vessel, the following conditions must be met:
    (a) Each hold must be thoroughly cleaned of all residues of 
previous cargoes, loose debris, and dunnage, except that permanent 
wooden battens or sheathing may remain in the hold unless prescribed 
otherwise in subpart E of this part.
    (b) Each hold and associated bilge must be as dry as practicable.
    (c) The shipper shall provide the master with appropriate 
information on the cargo so that the precautions which may be necessary 
for proper stowage and safe carriage of the cargo may be put into 
effect. This information must include--
    (1) Information on the stowage factor of the cargo and the 
recommended trimming procedure; and
    (2) For a bulk material classified as a potentially dangerous 
material, the shipper shall also provide information on the chemical 
properties and related hazards, which may be provided in the form of a 
material safety data sheet.
    (d) When any material covered by this part is shipped by unmanned 
barge, the shipper shall inform the person in charge of the barge of 
the safety precautions and emergency procedures associated with the 
transportation of the material.


Sec. 148.100  Log book entries.

    During the transport in bulk of a material listed in table 148.10 
of this part, each temperature measurement and analysis for toxic or 
flammable gases required by this part must be recorded in the vessel's 
log.


Sec. 148.110  After unloading.

    After a material to which this part applies has been unloaded from 
a vessel, each hold or cargo compartment must be thoroughly cleaned of 
all residue of such material before another cargo is loaded.


Sec. 148.115  Report of incidents.

    (a) When a fire or other hazardous condition occurs on a vessel 
transporting a material to which this part applies, the master or 
person in charge shall notify the nearest Captain of the Port as soon 
as possible and comply with any instructions given by the Captain of 
the Port.
    (b) Any incident or casualty occurring while transporting a 
material to which this part applies must be reported in accordance with 
49 CFR 171.15 with a copy to the Commandant (G-MTH-1), U.S. Coast 
Guard, 2100 Second Street, SW., Washington, DC 20593-0001, 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 must be 
reported immediately to the National Response Center at 1-(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 hazard class to which the materials belong; 
and
    (2) Any specific requirements in subpart D of this part.
    (b) Materials which are required to be separated during stowage 
must not be handled simultaneously. Any residue from a material must be 
cleaned up before a material required to be separated from it is 
loaded.

                      Table 148.120A.--Segregation Between Incompatible Bulk Solid Cargoes                      
----------------------------------------------------------------------------------------------------------------
 Solid bulk material     Class      4.1       4.2       4.3       5.1       6.1        7         8        9/PDM 
----------------------------------------------------------------------------------------------------------------
Flammable Solids......  4.1       X         2         3         3         X         2         2         X       
Spontaneously           4.2       2         X         3         3         X         2         2         X       
 Combustible                                                                                                    
 Substances.                                                                                                    
Substances that are     4.3       3         3         X         3         X         2         2         X       
 Dangerous When Wet.                                                                                            
Oxidizers.............  5.1       3         3         3         X         2         2         2         X       
Poisons...............  6.1       X         X         X         X         X         2         X         X       
Radioactive Materials.  7         2         2         2         2         2         X         2         2       
Corrosives............  8         2         2         2         2         X         2         X         X       
Miscellaneous           9/PDM     X         X         X         X         X         2         X         X       
 hazardous materials                                                                                            
 and potential                                                                                                  
 dangerous materials.                                                                                           
----------------------------------------------------------------------------------------------------------------
Note.--Numbers and symbols relate to 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 Incompitable Packaged Cargoes           
----------------------------------------------------------------------------------------------------------------
                                                           Bulk solid cargoes                                   
  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       
Explosives............  1.4       2         2         2         2         X         2         2         X       
Flammable compressed    2.1       2         2         1         2         X         2         1         X       
 gases.                                                                                                         
Other compressed gases  2.2       2         2         X         X         X         2         X         X       
                        2.3                                                                                     
Flammable liquids.....  3         2         2         2         2         X         2         1         X       
Flammable solids......  4.1       X         1         X         1         X         2         1         X       
Spontaneously           4.2       1         X         1         2         1         2         1         X       
 combustible                                                                                                    
 substances.                                                                                                    
Substances that are     4.3       X         1         X         2         X         2         1         X       
 dangerous when wet.                                                                                            
Oxidizers.............  5.1       1         2         2         X         1         1         2         X       
Organic peroxides.....  5.2       2         2         2         2         1         2         2         X       
Poisons...............  6.1       X         1         X         1         X         X         X         X       
Infectious substances.  6.2       3         3         2         3         1         3         3         X       
Radioactive materials.  7         2         2         2         1         X         X         2         X       
Corrosives............  8         1         1         1         2         X         2         X         X       
Miscellaneous           9         X         X         X         X         X         X         X         X       
 hazardous materials.                                                                                           
----------------------------------------------------------------------------------------------------------------
Note.--Numbers and symbols relate to 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''                                                         
4--``Separated longitudinally by an intervening 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.                                                                                                         

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 reasonably practicable prior to 
loading;
    (2) Not be loaded or transferred between vessels during periods of 
rain or snow;
    (3) Be stowed separate from foodstuffs; and
    (4) Be stowed clear of sources of heat and ignition and protected 
from sparks and open flame.
    (b) The bulkheads between a hold containing a class 4.1 material 
listed in table 148.10 of this part and a hold containing a material 
required to be separated from such 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 reasonably practicable prior to 
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 
listed in table 148.10 of this part and a hold containing a material 
required to be separated from such materials must have cable and 
conduit penetrations sealed against the passage of gas and vapor.
    (c) Copra must be provided with good surface ventilation and must 
not be stowed against heated surfaces including fuel oil tanks which 
may require heating.
    (d) Ferrous metal must be stowed in accordance with paragraph (a) 
of this section and the following requirements:
    (1) It may not be carried if its temperature prior to loading 
exceeds 55  deg.C (131  deg.F).
    (2) Prior to and after loading, it must be protected from moisture.
    (3) If weather is inclement during loading, hatches must be covered 
or otherwise protected to keep the material dry.


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 reasonably practicable prior to 
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, so arranged that 
the exhaust gases do not penetrate into accommodation, work or control 
spaces. Unmanned barges that have adequate natural ventilation need not 
be provided with mechanical ventilation.
    (b) The bulkhead between a hold containing a class 4.3 material 
listed in table 148.10 of this part and a hold containing a material 
required to be separated from such materials must have cable and 
conduit penetrations sealed against the passage of gas and vapor.
    (c) Aluminum ferrosilicon, aluminum silicon, and ferrosilicon must 
be stowed in a mechanically ventilated space.
    (d) Zinc ashes must not be accepted for transport if wet or if 
known to have been wetted.


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 reasonably practicable prior to 
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 material listed in table 148.10 of this part are clean, and 
that whenever reasonably practicable, only noncombustible securing and 
protecting materials are used.
    (c) Class 5.1 material listed in table 148.10 of this part 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 that is effectively closed or covered to 
prevent dispersal of the material during transportation.
    (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 by a 
qualified person using appropriate radiation detection instruments 
after the completion of off-loading. Such holds must not be used for 
the transportation of any other material until the non-fixed 
contamination on any surface when averaged over an area of 300 cm\2\ 
does not exceed the following levels:
    (1) 4.0 Bq/cm\2\ (10-5 uCi/cm\2\) for beta and gamma emitters and 
low toxicity alpha emitters, natural uranium, natural thorium, uranium-
235, uranium-238, thorium-232, thorium-228 and thorium-230 when 
contained in ores or physical or chemical concentrates, and 
radionuclides with a half-life of less than 10 days.
    (2) 0.4 Bq/cm\2\ (10-4 uCi/cm\2\) for all other alpha emitters.


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, Type B, must be segregated as 
required in Sec. 148.140 for class 5.1 materials 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 segregated as required in Sec. 148.10 for 
class 4.2 materials. In addition, its temperature at loading must not 
exceed 35 deg.C (95 deg.F) or 5 deg.C (9 deg.F) above ambient, 
whichever is higher.


Sec. 148.155  Stowage and segregation for potentially dangerous 
materials.

    (a) A material that is potentially dangerous (PDM) must be stowed 
and segregated in accordance with table 148.155 of this part and with 
this section.
    (b) When transporting coal--
    (1) Coals must be stowed separated from materials of class/division 
1.4 and classes 2, 3, 4, and 5 in packaged form; and separated from 
bulk solid materials of classes 4 and 5.1;
    (2) No material of class 5.1, in either packaged or bulk solid 
form, may be stowed above or below a cargo of coal; and
    (3) Coals must be separated longitudinally by an intervening 
complete cargo compartment or hold from materials of class 1 other than 
class/division 1.4.
    (c) When transporting Direct Reduced Iron (DRI)--
    (1) DRI lumps, pellets or Cold-molded briquettes and DRI hot-molded 
briquettes must be separated from materials of class/division 1.4, 
classes 2, 3, 4, 5, and class 8 acids in packaged form; and separated 
from bulk solid materials of classes 4 and 5.1; and
    (2) No material of class 1, other than class/division 1.4, may be 
transported on the same vessel with DRI.
    (d) Petroleum coke, calcined or uncalcined, must be--
    (1) Separated longitudinally by an intervening complete cargo 
compartment or hold from materials of class/divisions 1.1 and 1.5; and
    (2) Separated by a complete cargo compartment or hold from all 
hazardous materials and other potentially dangerous materials in 
packaged and bulk solid form.

            Table 148.155.--Segregation and Stowage Requirements for Potentially Dangerous Materials            
----------------------------------------------------------------------------------------------------------------
                  Segregate               Load only                                                             
   Potentially      as for   ``Separate   under dry               Mechanical     ``Separate          Special    
    dangerous       class      from''      weather    Keep dry   ventilation   from'' material     provisions   
    material      listed\1\  foodstuffs  conditions                required        listed                       
----------------------------------------------------------------------------------------------------------------
Aluminum Dross..        4.3          X           X           X            X   Class 8 Liquids.                  
Calcined Pyrites  .........          X           X           X            X                                     
Charcoal........        4.1  ..........  ..........          X   ...........  Oily materials..                  
Coal............  .........  ..........  ..........  ..........  ...........  See paragraph     See paragraph   
                                                                               (b) of this       (b) of this    
                                                                               section.          section.       
Direct reduced    .........  ..........  ..........  ..........  ...........  See paragraph     See paragraph   
 iron--lumps,                                                                  (c) of this       (c) of this    
 pellets, or                                                                   section.          section.       
 cold-molded                                                                                                    
 briquettes.                                                                                                    
Direct reduced    .........  ..........  ..........  ..........  ...........  See paragraph     See paragraph   
 iron--hot-                                                                    (c) of this       (c) of this    
 molded                                                                        section.          section.       
 briquettes.                                                                                                    
Ferrophosphorus.        4.3          X           X           X            X    Class 8 liquids                  
Ferrosilicon....        4.3          X           X           X            X   Class 8 liquids.                  
Fluorospar......  .........          X   ..........  ..........  ...........   Class 8 liquids                  
Lime, unslaked..  .........  ..........  ..........          X   ...........  All packaged and                  
                                                                               bulk solid                       
                                                                               hazardous                        
                                                                               materials.                       
Magnesia,         .........  ..........  ..........          X   ...........  All packaged and                  
 unslaked.                                                                     bulk solid                       
                                                                               hazardous                        
                                                                               materials.                       
Metal Sulfide           4.2          X   ..........  ..........  ...........  Class 8 liquids.                  
 Concentrates.                                                                                                  
Petroleum Coke..  .........          X   ..........  ..........  ...........  ................  See section     
                                                                                                 148.155(d).    
Pitch Prill.....        4.1                                                                                     
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 pulp               4.1                                                                                     
 pellets.                                                                                                       
----------------------------------------------------------------------------------------------------------------
\1\See Tables 148.120 A and B.                                                                                  

Subpart E--Special Requirements for Certain Materials


Sec. 148.200  Purpose.

    This subpart prescribes special requirements applicable to specific 
materials. These requirements are in addition to the Minimum 
Transportation Requirements of subpart C of this part which are 
applicable to all of the materials listed in table 148.10 of this part.


Sec. 148.205  Ammonium nitrate fertilizers.

    (a) This section applies to the stowage and transportation in bulk 
of the following fertilizers composed of uniform, nonsegregating 
mixtures containing ammonium nitrate:
    (1) Ammonium nitrate with added matter which is organic and 
chemically inert towards ammonium nitrate; containing not less than 90% 
of ammonium nitrate and not more than 0.2% of combustible material 
(including organic material calculated as carbon); or containing less 
than 90% but more than 70% of ammonium nitrate and not more than 0.4% 
combustible material.
    (2) Ammonium nitrate with calcium carbonate and/or dolomite, 
containing more than 80% but less than 90% of ammonium nitrate and not 
more than 0.4% of total combustible material.
    (3) Ammonium nitrate with ammonium sulfate containing more than 45% 
but not more than 70% of ammonium nitrate and containing not more than 
0.4% of combustible material.
    (4) Nitrogen phosphate or nitrogen/potash type fertilizers or 
complete nitrogen/phosphate/potash type fertilizers containing more 
than 70% but less than 90% of ammonium nitrate and not more than 0.4% 
of combustible material.
    (b) No ammonium nitrate fertilizer to which this section applies 
may be transported in bulk unless it demonstrates resistance to 
detonation when tested as prescribed in appendix D.5 of the BC Code or 
an equivalent test satisfactory to the Administration of the country of 
origin.
    (c) Prior to loading fertilizer to which this section applies--
    (1) The shipper must provide the master of the vessel with a 
written certification that the ammonium nitrate fertilizer has met the 
test requirements of paragraph (b) of this section;
    (2) The cargo hold must be inspected for cleanliness and must be 
free from readily combustible materials;
    (3) Each cargo hatch must be weathertight as defined in Sec. 42.13-
10 of this chapter;
    (4) The temperature of the fertilizer must be less than 55 deg.C 
(131 deg.F); and
    (5) Each fuel tank situated under a cargo hold where the fertilizer 
is to be stowed must be pressure tested to ensure that there is no 
leakage of manholes or piping systems leading through the cargo hold.
    (d) Bunkering or transferring of fuel may not be performed during 
cargo loading and unloading operations involving fertilizer to which 
this section applies.
    (e) When a fertilizer to which this section applies is transported 
on a cargo vessel--
    (1) No other material may be stowed in the same hold with the 
fertilizer;
    (2) In addition to the segregation requirements in Sec. 148.140, 
the fertilizer 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 the fertilizer 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 fertilizer.

    (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 not more than 70% of ammonium nitrate and 
containing not more than 0.4% total added combustible material or 
containing not more than 45% ammonium nitrate with unrestricted 
combustible material.
    (b) This part does not apply to a fertilizer mixture described in 
paragraph (a) of this section if--
    (1) When tested in the trough test prescribed in Appendix D.4 of 
the BC code, it is found to be free from the risk of self-sustaining 
decomposition; and
    (2) It does not contain an excess of nitrate calculated as 
potassium nitrate above the nitrate calculated as ammonium nitrate 
greater than 10% by weight of the mixture.
    (c) No fertilizer to which this section applies may be transported 
in bulk if, when tested in the trough test prescribed in Appendix D.4 
of the BC code, it has a self-sustaining decomposition rate that is 
greater than 0.25 m/h, or is liable to self-heating sufficient to 
initiate decomposition.
    (d) Fertilizers to which this section applies 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 
cargo loading and unloading operations involving fertilizer to which 
this section applies.
    (f) Fertilizer to which this section applies must be segregated as 
prescribed in Secs. 148.140 and 148.220(d).


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

    (a) This part does not apply to the shipment of calcined pyrites 
(pyritic ash, fly ash) that are the residual ash of oil or coal fired 
power stations.
    (b) This section applies to the stowage and transportation of 
calcined pyrites (pyritic ash, fly ash) that are the residual product 
of sulfuric acid production or elemental metal recovery operations.
    (c) Prior to loading calcined pyrites to which this section 
applies--
    (1) The cargo space must be as clean and dry as reasonably 
practicable;
    (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 to which this section applies have been 
unloaded from a cargo space, the cargo space must be thoroughly 
cleaned, preferably by hosing it down and drying it completely.


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 not more 15.5% nitrogen and at least 
12% of water.


Sec. 148.230  Lime, unslaked (calcium oxide).

    (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 (calcium oxide) is on board.
    (b) The shipping paper requirements in Sec. 148.60 and the 
dangerous cargo manifest requirements in Sec. 148.70 do not apply to 
the transportation of unslaked lime (calcium oxide) 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 shall wear dust masks and 
goggles.
    (c) Care must be taken to prevent dust generated during cargo 
transfer operations of castor beans from entering accommodation, 
control or service spaces.


Sec. 148.240  Coal.

    (a) The electrical equipment on each vessel carrying coal must meet 
the requirements of part 111, subpart 111.105 of this chapter or an 
equivalent standard approved by the administration of the vessel's flag 
state.
    (b) Prior to loading, each cargo hold in which coal is to be stowed 
must be free of any readily combustible material, including the residue 
of previous cargoes.
    (c) The master of each vessel carrying coal shall ensure that--
    (1) The coal is not stowed adjacent to hot areas;
    (2) The surface of the coal is trimmed to a reasonable level to the 
boundary bulkheads;
    (3) Each casing leading into the cargo hold and all other openings 
to the cargo hold are sealed prior to loading the coal, and that, 
unless the coal is as described in paragraph (f) of this section, the 
hatches are sealed after the coal is trimmed;
    (4) As far as reasonably practicable, no gases which may be emitted 
by the coal accumulate in enclosed working spaces such as storerooms, 
shops, or passageways, and that such spaces are adequately ventilated.
    (5) The vessel has adequate ventilation as required by paragraph 
(f) of this section; and
    (6) If paragraph (e) of this section requires the temperature of 
the coal to be monitored--
    (i) The temperature of the coal to be loaded does not, at the time 
of loading exceed 15 deg.C (27 deg.F) above the ambient temperature or 
41 deg.C (105 deg.F) whichever is greater; and
    (ii) The vessel has on board appropriate instruments for measuring 
the temperature of the cargo in the range 0 deg.-100 deg.C (32 deg.-
212 deg.F) without requiring 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 the shipper, terminal operator, or the master of the vessel 
has any information pertaining to the coal that indicates that the coal 
to be loaded has been handled in such a manner as to increase its 
susceptibility to self-heating, has a history of self-heating, or has 
been observed to be heating, the temperature of the coal must be 
monitored prior to loading. The monitoring must be at intervals 
sufficient to determine whether the temperature of the coal is 
increasing.
    (f) If the shipper, terminal operator, or the master of the vessel 
has any information pertaining to the coal that indicates that the coal 
to be loaded, is freshly mined, or has a history of emitting dangerous 
amounts of methane, then surface ventilation, either natural or from 
fixed or portable nonsparking fans, must be provided.
    (g) Electrical equipment and cables in a hold containing a coal 
described in paragraph (f) of this section must be suitable for use in 
an explosive gas atmosphere, or must be deenergized at a point remote 
from the hold. Electrical equipment and cables necessary for continuous 
safe operations, such as lighting fixtures, may not be deenergized. The 
master of the vessel shall ensure that the affected equipment and 
cables remain deenergized as long as this coal remains in the hold.
    (h) For all coal loaded on a vessel, other than an unmanned barge, 
for a voyage with a duration of more than 72 hours, the atmosphere 
above the coal must be routinely tested for the presence of methane, 
carbon monoxide and oxygen. 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 (n) of this 
section are met. If the level of carbon monoxide is increasing rapidly 
or reaches 30% of the LFL, the frequency of monitoring must be 
increased.
    (j) When carrying a coal described in paragraph (e) of this 
section, or when observation of the cargo hold indicates that the 
temperature of the coal is rising, the temperature should be measured 
at regular time intervals sufficient to determine whether the 
temperature of the coal is increasing.
    (k) If the level of carbon monoxide monitored in accordance with 
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 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) When carrying a coal described in paragraph (f) of this 
section, 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 (n) of this section are 
met.
    (m) If the level of methane as monitored in accordance with 
paragraph (h) of this section reaches 30% of the LFL or is increasing 
rapidly, ventilation of the cargo hold, as required by 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.
    (n) The frequency of monitoring required by paragraph (l) of this 
section may be reduced at the discretion of the master provided that--
    (1) The level of gas measured is less than 30% 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% over four 
consecutive readings, spanning at least 48 hours; and
    (3) Monitoring continues at intervals sufficient to determine that 
the level of gas remains within the parameters of paragraphs (n)(1) and 
(n)(2) of this section.


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

    (a) Before loading DRI lumps, pellets, or cold-molded briquets--
    (1) The master must have a written certification from the National 
Cargo Bureau or a competent person appointed by the shipper and 
recognized by the Commandant (G-MTH) that the DRI, at the time of 
loading, is suitable for shipment;
    (2) The DRI must be aged for at least 72 hours, 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 reasonably 
practicable. Where possible, adjacent ballast tanks, other than double 
bottom tanks, must be kept empty. 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 briquets are to be carried must be resistant to fire and passage 
of water.
    (c) Except as provided in paragraph (f)(2) of this section, DRI 
lumps, pellets, or cold-molded briquets that are wet, or that are known 
to have been wetted, may not be accepted for transport.
    (d) DRI lumps, pellets and cold-molded briquets 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 briquets may not be loaded 
if their temperature is greater than 65 deg.C (150 deg.F).
    (f) The shipper shall specify one of the two following methods for 
the shipment of DRI lumps, pellets, and cold-molded briquets in bulk:
    (1) Maintenance throughout the voyage of an inert atmosphere 
containing less than 5% oxygen, and less than 1% hydrogen by volume, in 
any hold containing DRI lumps, pellets, or cold-molded briquets.
    (2) Manufacture or treatment of the DRI lumps, pellets, or cold-
molded briquets with an oxidation and corrosion inhibiting process 
which has been proven, to the satisfaction of the Commandant (G-MTH), 
to provide effective protection against dangerous reaction with 
seawater or air under shipping conditions.
    (g) When carbon dioxide is used to inert a cargo hold containing 
DRI lumps, pellets, or cold-molded briquets, no person may enter that 
hold until it has been tested and found to be free from carbon monoxide 
and to contain sufficient oxygen to support life.
    (h) Paragraph (f) of this section does not apply to--
    (1) A voyage which meets the definition of ``short international 
voyage'' in Sec. 70.10-43 of this chapter; or
    (2) A voyage made entirely on the navigable waters of the U.S.
    (i) When DRI lumps, pellets, or cold-molded briquets are loaded, 
precautions must be taken to avoid the concentration of fines (pieces 
less than 4mm. in size) in any one location in the cargo hold.
    (j) Radar and RDF scanners must be protected against the dust 
generated during cargo transfer operations of DRI lumps, pellets, or 
cold-molded briquets.


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

    (a) Before loading DRI hot-molded briquets--
    (1) The master must have a written certification from the National 
Cargo Bureau or a competent person appointed by the shipper and 
recognized by the Commandant (G-MTH) that the DRI hot molded briquets, 
at the time of loading, are suitable for shipment; and
    (2) Each hold and bilge must be as clean and dry as reasonably 
practicable. Where possible, adjacent ballast tanks, other than double 
bottom tanks, must be kept empty. All wooden fixtures, such as battens, 
must be removed.
    (b) Each boundary of a hold in which DRI hot-molded briquets are to 
be carried must be resistant to fire and passage of water.
    (c) DRI hot-molded briquets 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.
    (d) DRI hot-molded briquets may not be loaded if their temperature 
is greater than 65 deg.C (150 deg.F).
    (e) When loading DRI hot-molded briquets, precautions must be taken 
to avoid the concentration of fines (pieces less than 4mm. in size) in 
any one location in the cargo hold.
    (f) Adequate surface ventilation must be provided when carrying or 
loading DRI hot-molded briquets.
    (g) When DRI hot-molded briquets 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 briquets.
    (h) Radar and RDF scanners must be adequately protected against 
dust generated during cargo transfer operations of DRI hot-molded 
briquets.
    (i) During final discharge only, a fine spray of water may be used 
to control dust from DRI hot-molded briquets.


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

    (a) This part applies to the stowage and transportation of 
ferrosilicon, aluminum ferrosilicon, and aluminum silicon, containing 
more than 30% but less than 90% silicon.
    (b) The shipper of material described in paragraph (a) of this 
section shall provide the master with 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 
not less than three days prior to 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 
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 be such that no escaping gas can 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) Each cargo hold bulkhead containing material described in 
paragraph (a) of this section adjacent to accommodation and work spaces 
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 prior to 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 must be 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 the 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) 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.
    (3) 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.
    (4) 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 prior to the 
loading of the other material.
    (5) During loading, the temperature of the ferrous metal in the 
pile being loaded must be below 55 deg.C (131 deg.F).
    (6) Upon completion of loading the vessel may not leave the port 
unless--
    (i) The temperature of the ferrous metal in each hold is less than 
65 deg.C (150 deg.F) and, if the temperature of the ferrous metal in a 
hold has been more than 65 deg.C (150 deg.F) during loading, the 
temperature of ferrous metal has shown a downward trend for at least 
eight hours after completion of loading of the hold; or
    (ii) The vessel intends to sail directly to another port that is no 
farther than 12 hours sailing time for the vessel concerned, for the 
purpose of loading more ferrous metal in bulk or to completely off-load 
the ferrous metal, and the temperature of the ferrous metal 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.
    (c) The master of a vessel that is loading or transporting a 
ferrous metal shall 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 
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 every twenty-four 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 or person in charge 
of the vessel shall 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 is 65 deg.C (150 deg.F) 
or above, the master shall notify the Coast Guard Captain of the Port, 
and ensure that the vessel remains in the port area until the Captain 
of the Port is satisfied that the conditions of paragraph (b)(6)(i) of 
this section are met; or
    (2) In the case of a short duration voyage to which paragraph 
(b)(6)(ii) of this section applies, where the temperature of the 
ferrous metal in a hold is 88 deg.C (190 deg.F) or above, the master of 
the vessel or person in charge of the barge shall notify the Captain of 
the Port, and ensure that the vessel remains in the port area until the 
Captain of the Port is satisfied that the conditions of paragraph 
(b)(6)(ii) of this section are met.
    (f) Except for shipments of ferrous metal in bulk which leave the 
port of loading under the conditions specified in paragraph (b)(6)(ii) 
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 shall notify the nearest Coast Guard Captain of the Port as soon 
as possible of--
    (1) The name, nationality, and position of the vessel;
    (2) The most recent temperature taken;
    (3) The length of time that the temperature has been above 65 deg.C 
(150 deg.F) and the rate of rise, if any;
    (4) The port where the ferrous metal was loaded and the destination 
of the ferrous metal;
    (5) The last port of call of the vessel and its next port of call;
    (6) What action has been taken; and
    (7) Whether any other cargo is endangered.


Sec. 148.265  Fish meal or fish scrap.

    (a) This part does not apply to fish meal or fish scrap that 
contains less than 5% moisture by weight.
    (b) Fish meal or fish scrap may contain not more than 12% moisture 
by weight and not more than 15% 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 or at least 1000 mg/kg (ppm) butylated hydroxytoluene).
    (d) Shipment of the fish meal or fish scrap must take place not 
more than 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) 
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 
(8 deg.F) above the ambient temperature, whichever is higher.
    (g) For each shipment of fish meal or fish scrap, the shipper shall 
provide the master with a written certification that states--
    (1) Total weight of the shipment;
    (2) The moisture content of the material;
    (3) The fat content of the material;
    (4) The concentration of the antioxidant (ethoxyquin or butylated 
hydroxytoluene) 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.


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, be in compliance with the applicable 
requirements of 40 CFR chapter I, subchapter I.
    (b) Each release of a quantity of a hazardous substance in excess 
of its RQ 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 which 
is effectively closed or covered to prevent dispersal of the material 
during transportation.
    (d) During cargo transfer operations, dispersal of a hazardous 
substance into the surrounding environment, including the water, must 
be minimized to the maximum extent possible. Each spill 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 and the residue of the substance 
must be disposed of in accordance with the applicable regulations of 40 
CFR chapter I, 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 provide the master with a written 
certification that the material has been cooled and weathered for not 
less than eight weeks.
    (b) Both spent iron oxide and spent iron sponge may be transported 
on all-steel barges having open holds after exposure to air for a 
period of not less than ten days.


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

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


Sec. 148.285  Metal sulfide concentrates.

    (a) Prior to loading a metal sulfide concentrate, the shipper shall 
provide the master of the vessel or person in charge of the barge with 
detailed information concerning any specific hazards based on the 
history of the specific metal sulfide concentrate to be loaded, and 
precautions to be followed when transporting that concentrate.
    (b) Except when the metal sulfide concentrate is carried by 
unmanned barge, where the information provided by the shipper in 
accordance with paragraph (a) of this section indicates that the metal 
sulfide concentrate may generate toxic or flammable gases, the 
appropriate gas detection equipment as specified in Secs. 148.415 and 
148.420 must be on board the vessel.
    (c) After loading, a metal sulfide concentrate must be trimmed 
reasonably level to the boundaries of the cargo hold.
    (d) No cargo hold containing a metal sulfide concentrate may be 
ventilated.
    (e) 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
    (2) 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
    (3) An emergency situation exists and the person entering the cargo 
hold is wearing the appropriate self-contained breathing apparatus.


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) In a hold over a tank containing fuel or material having a 
flashpoint of less than 93 deg.C (200 deg.F), before petroleum coke at 
55 deg.C (131 deg.F) or above may be loaded into that hold, a 0.6 to 
1.0 meter (2 to 3 foot) layer of the petroleum coke at a temperature 
not greater than 43 deg.C (110 deg.F) must first be loaded.
    (e) Petroleum coke must be loaded as follows:
    (1) For a shipment in a hold over a fuel tank, the loading of a 
cooler layer of petroleum coke in the hold as required by paragraph (d) 
of this section must be completed prior to 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, if any, already containing a cooler layer 
of the petroleum coke.
    (3) Upon completion of the loading described in paragraph (e)(2) of 
this section, normal loading of the petroleum coke may proceed to 
completion.
    (f) The master of the vessel shall warn members of a crew that 
petroleum coke loaded and transported under the terms of this section 
is hot, and that injury due to burns is possible.


Sec. 148.300  Radioactive material; low specific activity.

    Except as authorized under Sec. 148.305, radioactive materials that 
may be stowed or transported in bulk are limited to those radioactive 
materials defined as low specific activity materials in 49 CFR 
173.403(n).


Sec. 148.305  Radioactive material; surface contaminated objects.

    Solid objects of nonradioactive material having radioactive 
material distributed on their surfaces are authorized for shipment only 
if--
    (a) The nonfixed contamination on the accessible surface averaged 
over 300 cm\2\ (or the area of the surface if less than 300 cm\2\) does 
not exceed 0.0001 microcurie/cm\2\ (4.0 Bq/cm\2\) for beta and gamma 
emitters and low toxicity alpha emitters, or 10-\5\ microcurie/
cm\2\ (0.4 Bq/cm\2\) for alpha emitters;
    (b) The fixed contamination on the accessible surface averaged over 
300 cm\2\ (or the area of the surface if less than 300 cm\2\) does not 
exceed 1.0 microcurie/cm\2\ (40,000 Bq/cm\2\) for beta and gamma 
emitters and low toxicity alpha emitters, or 0.1 microcurie/cm\2\ 
(4,000 Bq/cm\2\) for alpha emitters; and
    (c) The nonfixed contamination plus the fixed contamination on the 
inaccessible surface, averaged over 300 cm\2\ (or the area of the 
surface if less than 300 cm\2\) does not exceed 1.0 microcurie/cm\2\ 
(40,000 Bq/cm\2\) for beta and gamma emitters or 0.1 microcurie/cm\2\ 
(4,000 Bq/cm\2\) for alpha emitters.


Sec. 148.310  Seed cake.

    (a) Seed cake, except as provided in paragraphs (h) and (i) of this 
section, must be carried in accordance with paragraphs (b) through (g) 
of this section.
    (b) Prior to loading, the seed cake must be aged in accordance with 
the instructions of the shipper.
    (c) If the seed cake is solvent extracted, it must be--
    (1) Free from flammable solvent as far as reasonably practicable; 
and
    (2) Stowed in a mechanically ventilated hold.
    (d) Prior to loading, the shipper must provide the master of the 
vessel or person in charge of the barge with 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 reasonably practicable at 
all times.
    (f) 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.
    (g) Temperature readings must be taken at least once in every 24 
hour period. If the temperature of the seed cake 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 
(f) of this section must be introduced into the hold; except, 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.
    (h) Seed cake must be carried in accordance with the terms of a 
Special Permit issued by the Commandant (G-MTH) in accordance with 
subpart B of this part if--
    (1) The oil was mechanically expelled; and
    (2) It contains more than 10% vegetable oil or more than 20% 
vegetable oil and moisture combined.
    (i) This part does not apply to solvent extracted rape seed meal 
pellets or soya bean meal that--
    (1) Contains not more than 4% vegetable oil and not more than 15% 
vegetable oil and moisture combined; and
    (2) As far as reasonably practicable, is free from flammable 
solvent.


Sec. 148.315  Sulfur.

    (a) This part applies to sulfur in the form of lumps or coarse-
grain powder only. Fine-grained powder (``flowers of sulfur'') may not 
be transported in bulk.
    (b) After the loading or unloading of sulfur to which this part 
applies has been completed, the vessel's decks, bulkheads, and 
overheads, if containing sulfur dust, must be swept clean or washed 
down with fresh water.
    (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% or more moisture by weight and garbage tankage and tankage 
fertilizer that contain 8% 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 at intervals sufficient to detect spontaneous heating.


Sec. 148.325  Wood chips; wood pulp pellets.

    (a) This part applies to wood chips and wood pulp pellets in bulk 
that are subject to oxidation 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 or wood 
pulp pellets, unless--
    (1) The atmosphere in the cargo hold has been tested and contains 
sufficient 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 shall 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 (zinc material) in 
bulk.
    (b) Zinc material must be aged by exposure to the elements for at 
least one year prior to shipment in bulk.
    (c) Prior to loading in bulk, zinc must be stored under cover for a 
sufficient period of time to ensure that it is as dry as reasonably 
practicable. 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 (20 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 manned cargo vessel:
    (1) Zinc material in bulk must be stowed in a mechanically 
ventilated hold which--
    (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) Each hold into which zinc material is to be loaded must be 
fitted with permanently installed combustible gas detectors capable of 
measuring hydrogen concentrations of 0 to 4.1% by volume. If the 
concentration of hydrogen in the space above the cargo exceeds 1% by 
volume, the ventilation system must be run until the concentration 
drops below 1% 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% by volume and 
increasing, despite ventilation, or the temperature of the zinc 
material reaches 65 deg.C (150 deg.F) and the weather and sea 
conditions allow, the cargo hatches must be opened, taking care to 
prevent sparks and minimize the entry of water.

Subpart F--Additional Special Requirements


Sec. 148.400  Applicability.

    The requirements of this subpart apply only to the shipment or 
loading of a material listed in table 148.10 of this part with 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, spark or arc 
producing equipment, may be performed in a cargo hold containing a 
material to which this paragraph applies under table 148.10 or in an 
adjacent space.
    (b) Welding, burning, cutting, chipping or other operations 
involving the use of fire, open flame, spark or arc producing 
equipment, may be performed in a cargo hold containing a material to 
which this paragraph applies under table 148.10 of this part or in an 
adjacent space when approved by the master of the vessel after the hold 
or adjacent space has been tested to ensure that the concentration of 
any flammable gas that may be present does not exceed 10 percent of the 
LFL.


Sec. 148.407  Smoking.

    When a material that is listed in table 148.10 of this part with a 
reference to this section is being loaded or unloaded, smoking is 
prohibited anywhere on board 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.

    A fire hose, supplied with fresh water from a shore supply source, 
must be available at each hatch through which a material that is listed 
in table 148.10 of this part with a reference to this section is being 
loaded. When the material is being transferred between vessels, the 
hoses may be supplied with salt water if no fresh water is available.


Sec. 148.415  Toxic gas analyzers.

    When transporting a material that is listed in table 148.10 of this 
part with a reference to a paragraph of this section, a gas analyzer 
appropriate for the toxic gas listed in that paragraph must be on board 
the vessel, except for unmanned barges. 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. 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 prior to entry. The toxic gases for which the 
requirements of this section must be met when a paragraph of this 
section is referenced in table 148.10 of this part are as follows:
    (a) Arsine.
    (b) Carbon monoxide.
    (c) Hydrogen cyanide.
    (d) Hydrogen sulfide.
    (e) Phosphine.
    (f) Sulfur dioxide.


Sec. 148.420  Flammable gas analyzers.

    When transporting a material listed in table 148.10 of this part 
with a reference to a paragraph of this section, a gas analyzer 
appropriate for the flammable gas listed in that paragraph must be on 
board the vessel, except for unmanned barges. 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 capable of measuring 0-
100% LFL for the gas indicated. 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 prior to entry. The 
flammable gases for which the requirements of this section must be met 
when a paragraph of this section is referenced in table 148.10 of this 
part are as follows:
    (a) Carbon monoxide.
    (b) Hydrogen.
    (c) Methane.


Sec. 148.425  Oxygen analyzers.

    When transporting material that is listed in table 148.10 of this 
part with a reference to this section, equipment capable of measuring 
atmospheric oxygen must be carried on board the vessel, except for 
unmanned barges. 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. Before any person is allowed to enter the cargo space, 
the atmosphere in the space must be tested to ensure that there is 
sufficient oxygen to support life. If the oxygen content is below 19.5% 
the space must be ventilated and retested prior to entry.


Sec. 148.430  Self-contained breathing apparatus.

    When transporting a material that is listed in table 148.10 of this 
part with a reference to this section, each U.S. flag vessel, except an 
unmanned barge, must have on board 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 thirty 
minute air supply. Each foreign flag vessel must have on board at least 
two such apparatus that are approved by the flag state administration. 
This apparatus must be in addition to that required to be part of the 
vessel's firemen's outfit under 46 CFR part 96, subpart 96.35 or by the 
flag state administration. The master shall ensure that the breathing 
apparatus is used only by persons trained in its use.


Sec. 148.435  Electrical circuits in cargo holds.

    When transporting a material that is listed in table 148.10 of this 
part 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. 148.440  Stowage precautions.

    When transporting a material listed in table 148.10 of this part 
with a reference to a paragraph of this section, the following 
precautions contained in the referenced paragraph must be taken:
    (a) The material must be stowed in a mechanically ventilated hold.
    (b) Precautions must be taken to minimize exposure of persons to 
dust generated by the cargo.
    (c) Suspension of the cargo dust in the air constitutes an 
explosive atmosphere; precautions must be taken to prevent ignition of 
the cargo dust.


Sec. 148.445  Adjacent spaces.

    When transporting a material listed in table 148.10 of this part 
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) Except for a cargo hold containing coal on a voyage with a 
duration of 72 hours or less, each space adjacent to a cargo hold 
containing the material must be regularly monitored for the presence of 
the flammable gas indicated by reference to Sec. 148.420. If the level 
of flammable gas in any space reaches 30% of the LFL all electrical 
equipment that is not certified safe for use in an explosive gas 
atmosphere must be deenergized 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% 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% of the LFL;
    (3) The level of toxic gas, if required to be tested, is less than 
the TLV; and
    (4) The concentration of oxygen is at least 19.5%.
    (d) Except in an emergency, no person may enter an adjacent space 
if the level of flammable gas is greater than 30% of the LFL. If 
emergency entry is necessary, each person who enters the space must 
wear a self-contained breathing apparatus and caution must be exercised 
to ensure that no sparks are produced.


Sec. 148.450  Cargoes subject to liquefaction.

    (a) This section applies only to a material that is listed in table 
148.10 with a reference to this section.
    (b) This section does not apply to--
    (1) Shipments by unmanned barge; or
    (2) Coal that is not fine-particled coal.
    (c) The following terms are defined as used in this section:
    Cargo subject to liquefaction means a material which is subject to 
moisture migration and subsequent liquefaction if shipped with a 
moisture content in excess of the transportable moisture limit.
    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.
    Transportable moisture limit (TML) of a cargo that may liquefy is 
the maximum moisture content which 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, 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 shall provide 
the master with the material's moisture content and TML.
    (f) The master of a vessel shipping a cargo subject to liquefaction 
shall 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 D.1 of the BC Code.

    Dated: March 2, 1994.
R.C. North,
Captain, U.S. Coast Guard, Acting Chief, Office of Marine Safety, 
Security and Environmental Protection.
[FR Doc. 94-8364 Filed 4-11-94; 8:45 am]
BILLING CODE 4910-14-P