U.S. Code of Federal Regulations

Regulations most recently checked for updates: Aug 04, 2020

STOWAGE

§ 176.112 - Applicability.

The provisions of §§ 176.116(e), 176,118, and 176.120 of this subpart do not apply to Division 1.4 (explosive) materials, compatibility group S. Such materials may be stowed together with all other Class 1 (explosive) materials except those of compatibility group A or L. They must be segregated from other hazardous materials in accordance with table 176.83(b) of this part.

[Amdt. 176-30, 55 FR 52696, Dec. 21, 1990, as amended at 66 FR 45384, Aug. 28, 2001]

§ 176.116 - General stowage conditions for Class 1 (explosive) materials.

(a) Stowage Location: (1) Class 1 (explosive) materials must be stowed in a cool part of the ship and must be kept as cool as practicable while on board. Class 1 (explosives) must be stowed as far away as practicable from any potential source of heat or ignition.

(2) With the exception of division 1.4 (explosive) materials, Class 1 (explosive) materials may not be positioned closer to the ship's side than a distance equal to one eighth of the beam or 2.4 m (8 feet), whichever is less.

(3) Except where the consignment of Class 1 (explosive) materials consists only of explosive articles, the wearing of shoes or boots with unprotected metal nails, heels, or tips of any kind is prohibited.

(b) Wetness: (1) Spaces where Class 1 (explosive) materials are stowed below deck must be dry. In the event of the contents of packages being affected by water when on board immediate advice must be sought from the shippers; pending this advice handling of the packages must be avoided.

(2) Bilges and bilge sections must be examined and any residue of previous cargo removed before Class 1 materials (explosive) are loaded onto the vessel.

(c) Security: All compartments, magazines, and cargo transport units containing Class 1 (explosive) materials must be locked or suitably secured in order to prevent unauthorized access.

(d) Secure stowage: Class 1 (explosive) materials must be securely stowed to prevent shifting in transit; where necessary, precautions must be taken to prevent cargo sliding down between the frames at the ship's sides.

(e) Separation from accommodation spaces and machinery spaces: (1) Class 1 (explosive) materials must be stowed as far away as practicable from any accommodation spaces or any machinery space and may not be stowed directly above or below such a space. The requirements in paragraphs (e)(2) through (e)(4) of this section are minimum requirements in addition to the applicable requirements of 46 CFR chapter I. Where the requirements of this subpart are less stringent than those of 46 CFR chapter I, the 46 CFR chapter I requirements must be satisfied for ships to which they are applicable.

(2) There must be a permanent A Class steel bulkhead between any accommodation space and any compartment containing Class 1 (explosive) materials. Division 1.1, 1.2, 1.3, or 1.5 materials may not be stowed within 3 m (10 feet) of this bulkhead; in the decks immediately above or below an accommodation space they must be stowed at least 3 m (10 feet) from the line of this bulkhead projected vertically.

(3) There must be a permanent A Class steel bulkhead between a compartment containing Class 1 (explosive) materials and any machinery space. Class 1 (explosive) materials, except those in Division 1.4 (explosive), may not be stowed within 3 m (10 feet) of this bulkhead; and in the decks above or below the machinery space they must be stowed at least 3 m (10 feet) from the line of this bulkhead projected vertically. In addition to this separation, there must be insulation to Class A60 standard as defined in 46 CFR 72.05-10(c)(1) if the machinery space is one of Category ‘A’ unless the only Class 1 (explosive) materials carried are in Division 1.4S (explosive).

(4) Where Class 1 (explosive) materials are stowed away from bulkheads bounding any accommodation space or machinery space, the intervening space may be filled with cargo that is not readily combustible.

(f) [Reserved]

[Amdt. 176-30, 55 FR 52696, Dec. 21, 1990, as amended at 66 FR 45384, 45385, Aug. 28, 2001; 69 FR 76183, Dec. 20, 2004; 68 FR 61942, Oct. 30, 2003; 78 FR 1095, Jan. 7, 2013; 80 FR 72928, Nov. 23, 2015]

§ 176.118 - Electrical requirement.

(a) Electrical equipment and cables installed in compartments in which Class 1 (explosive) materials are stowed which do not need to be energized during the voyage must be isolated from the supply so that no part of the circuit within the compartment is energized. The method of isolation may be by withdrawal of fuses, opening of switches or circuit breakers, or disconnection from bus bars. The means, or access to the means, of disconnection/reconnection must be secured by a locked padlock under the control of a responsible person.

(b) Electrical equipment and cables in a cargo space in which Class 1 (explosive) materials are stowed which are energized during the voyage for the safe operation of the ship must meet the requirements of subchapter J of 46 CFR chapter I. Before Class 1 (explosive) materials are loaded aboard a vessel, all cables must be tested by a skilled person to ensure that they are safe and to determine satisfactory grounding, insulation resistance, and continuity of the cable cores, metal sheathing or armoring.

(c) All Class 1 (explosive) materials must be stowed in a safe position relative to electrical equipment and cables. Additional physical protection must be provided where necessary to minimize possible damage to the electrical equipment or cables, especially during loading and unloading.

(d) Cable joints in the compartments must be enclosed in metal-clad junction boxes.

(e) All lighting equipment and cables must be of the fixed type, and must meet the relevant inspection, test, and installation standards of 46 CFR chapter I, subchapter J.

[Amdt. 176-30, 55 FR 52696, Dec. 21, 1990, as amended by Amdt. 176-34, 58 FR 51533, Oct. 1, 1993]

§ 176.120 - Lightning protection.

A lightning conductor grounded to the sea must be provided on any mast or similar structure on a vessel on which Class 1 (explosive) materials are stowed unless effective electrical bonding is provided between the sea and the mast or structure from its extremity and throughout to the main body of the hull structure. (Steel masts in ships of all welded construction comply with this requirement).

§§ 176.122-176.124 - §[Reserved]

§§ 176.128-176.136 - §[Reserved]

§ 176.137 - Portable magazine.

(a) Each portable magazine used for the stowage of Class 1 (explosive) materials on board vessels must meet the following requirements:

(1) It must be weather-tight, constructed of wood or metal lined with wood at least 2 cm (0.787 inch) thick, and with a capacity of no more than 3.1 cubic m (110 cubic feet).

(2) All inner surfaces must be smooth and free of any protruding nails, screws or other projections.

(3) If constructed of wood, a portable magazine must be framed of nominal 5 cm × 10 cm (2 × 4 inch) lumber, and sheathed with nominal 20 mm (0.787 inch) thick boards or plywood.

(4) When constructed of metal, the metal must be not less than 3.2 mm (0.126 inch) thick.

(5) Runners, bearers, or skids must be provided to elevate the magazine at least 10 cm (3.9 inches) from the deck. Padeyes, ring bolts, or other suitable means must be provided for securing.

(6) If the portable magazine has a door or hinged cover, the door or cover must have a strong hasp and padlock or equally effective means of securing.

(7) The portable magazine must be marked on its top and four sides, in letters at least 8 cm (3 inches) high, as follows:

EXPLOSIVES - HANDLE CAREFULLY - KEEP LIGHTS AND FIRE AWAY.

(b) A portable magazine which meets the requirements for a type 2 or type 3 magazine under 27 CFR part 555 subpart K may be used for the stowage of Class 1 (explosive) materials on board vessels.

(c) A portable magazine with a capacity exceeding 3.1 m 3 (110 cubic feet) may be used for the stowage of Class 1 (explosive) materials under such construction, handling, and stowage requirements as the COTP approves.

[Amdt. 176-30, 55 FR 52696, Dec. 21, 1990, as amended at 66 FR 45185, Aug. 28, 2001; 6 FR 56317, Sept. 13, 2011]

§ 176.138 - Deck stowage.

(a) [Reserved]

(b) Class 1 (explosives) may not be stowed within a horizontal distance of 6 m (20 feet) from any source of heat and any possible sources of ignition. With the exception of division 1.4 (explosive) materials, Class 1 (explosives) materials may not be stowed within a horizontal distance of 12 m (39 feet) from the bridge, accommodation areas, and lifesaving appliances.

[Amdt. 176-30, 55 FR 52696, Dec. 21, 1990, as amended at 69 FR 76184, Dec. 20, 2004; 78 FR 1095, Jan. 7, 2013]

§ 176.100 - Permit for Divisions 1.1 and 1.2 (explosive) materials.

Before Divisions 1.1 and 1.2 (explosive) materials may be discharged from, loaded on, handled or restowed on board a vessel at any place in the United States, the carrier must obtain a permit from the COTP in accordance with the procedures in 33 CFR 126.19. Exceptions to this permit requirement may be authorized by the COTP.

[Amdt. 176-30, 55 FR 52696, Dec. 21, 1990, as amended by Amdt. 176-34, 58 FR 51533, Oct. 1, 1993; 66 FR 45385, Aug. 28, 2001]

§ 176.102 - Supervisory detail.

(a) Except as provided in paragraph (c) of this section, the COTP may assign a USCG supervisory detail to any vessel to supervise the loading, handling or unloading of Class 1 (explosive) materials.

(b) The owner, agent, charterer, master or person in charge of the vessel, and all persons engaged in the handling, loading, unloading, and stowage of Class 1 (explosive) materials shall obey all orders that are given by the officer in charge of the supervisory detail.

(c) If Class 1 (explosive) materials are loaded onto or unloaded from a vessel at a facility operated or controlled by the Department of Defense, the Commanding Officer of that facility may decline the USCG supervisory detail. Whenever the supervisory detail is declined, the Commanding Officer of the facility shall ensure compliance with the regulations in this part.

§ 176.104 - Loading and unloading Class 1 (explosive) materials.

(a) Packages of Class 1 (explosive) materials may not be thrown, dropped, rolled, dragged, or slid over each other or over a deck.

(b) When Class 1 (explosive) materials are stowed in a hold below one in which any cargo is being handled, the hatch in the deck dividing the two holds must have all covers securely in place.

(c) Drafts of Class 1 (explosive) materials must be handled in accordance with the following:

(1) A draft may not be raised, lowered, or stopped by sudden application of power or brake.

(2) A draft may not be released by tripping or freeing one side of the cargo-handling equipment and tumbling the Class 1 (explosive) materials off.

(3) All drafts, beams, shackles, bridles, slings, and hooks must be manually freed before the winch takes control.

(4) Slings may not be dragged from under a draft by winching except for the topmost layer in the hold when power removal is the only practical method and when the cargo cannot be toppled.

(5) Handles or brackets on packages in a draft may not be used for slinging purposes.

(d) A combination woven rope and wire sling or a sling that is formed by use of an open hook may not be used in handling Class 1 (explosive) materials.

(e) Only a safety hook or a hook that has been closed by wire may be used in handling drafts of Class 1 (explosive) materials.

(f) Wire rope or wire rope assemblies, including splices and fittings, used in handling Class 1 (explosive) materials must be unpainted and kept bare to permit inspection of their safe working condition. A mechanical end fitting (pressed fitting) may be used in place of an eye splice, if the efficiency of the mechanical end fitting is at least equal to the efficiency of an eye splice prepared as prescribed in 29 CFR 1918.51(c)(1).

(g) Packages of Division 1.1 and 1.2 materials that are not part of a palletized unit must be loaded and unloaded from a vessel using a chute, conveyor or a mechanical hoist and a pallet, skipboard, tray or pie plate fitted with a cargo net or sideboards.

(h) Packages of Division 1.1 and 1.2 (explosive) materials must be loaded or unloaded in accordance with the following:

(1) A cargo net with a pallet, skipboard, tray, or pie plate, must be loaded so that no more than a minimum displacement of packages occurs when it is lifted.

(2) A cargo net must completely encompass the bottom and sides of the draft. The mesh of the cargo net must be of a size and strength that will prevent a package in the draft from passing through the net.

(3) When a tray is used in handling packages, no package may extend more than one-third its vertical dimension above the sideboard of the tray.

(i) A landing mat must be used when a draft of nonpalletized Division 1.1 or 1.2 (explosive) materials is deposited on deck. The landing mat must have dimensions of at least l m (3 feet) wide, 2 m (7 feet) long, and 10 cm (3.9 inches) thick, and be made of woven hemp, sisal, or similar fiber, or foam rubber, polyurethane or similar resilient material.

(j) In addition to the other requirements of this section, packages of Division 1.1 and 1.2 (explosive) materials must be handled in accordance with the following:

(1) Packages may not be loaded or unloaded through a hatch at the same time that other cargo is being handled in any hold served by that hatch.

(2) Packages may not be loaded or unloaded from the same hatch by using two pieces of cargo equipment unless the equipment is positioned at the forward and aft ends of the hatch.

(3) Packages may not be lifted over any hazardous materials.

(4) The height of any structure, equipment, or load on a deck over which packages must be lifted may not be higher than the hatch coaming or bulwark, or 1 m (3 feet), whichever is greater.

(k) Unpackaged explosive devices may not be handled by their lifting lugs or suspension lugs.

(l) A chute may not be used when loading or unloading Class 1 (explosive) materials in compatibility group A or B.

[Amdt. 176-30, 55 FR 52696, Dec. 21, 1990, as amended by Amdt. 176-40, 61 FR 27175, May 30, 1996; 65 FR 58630, Sept. 29, 2000; 66 FR 45384, 45385, Aug. 28, 2001; 80 FR 72928, Nov. 23, 2015]

§ 176.108 - Supervision of Class 1 (explosive) materials during loading, unloading, handling and stowage.

(a) During the loading, unloading, handling and stowage of Class 1 (explosive) materials, a responsible person shall be in constant attendance during the entire operation to direct the loading, unloading, handling and stowage of Class 1 (explosive) materials, including the preparation of the holds. The responsible person must be aware of the hazards involved and the steps to be taken in an emergency, and must maintain sufficient contact with the master to ensure proper steps are taken in an emergency.

(b) Each person involved in the handling of Class 1 (explosive) materials on a vessel shall obey the orders of the responsible person.

(c) The responsible person must inspect all cargo-handling equipment to determine that it is in safe operating condition before it is used to handle Class 1 (explosive) materials.

SEGREGATION

§ 176.140 - Segregation from other classes of hazardous materials.

(a) Class 1 (explosive) materials must be segregated from other packaged hazardous materials in accordance with § 176.83.

(b) Class 1 (explosive) materials must be segregated from bulk solid dangerous cargoes in accordance with the IMDG Code (IBR, see § 171.7 of this subchapter). Notwithstanding § 176.83(b), ammonium nitrate and sodium nitrate may be stowed together with blasting explosives, except those containing chlorates, provided the mixed stowage is treated as blasting explosives (see § 176.410(e)).

[Amdt. 176-30, 55 FR 52696, Dec. 21, 1990, as amended at 68 FR 45041, July 31, 2003; 68 FR 75748, Dec. 31, 2003]

§ 176.142 - Reserved]

§ 176.144 - Segregation of Class 1 (explosive) materials.

(a) Except as provided in § 176.145 of this subchapter, stowage of Class 1 (explosive) materials within the same compartment, magazine, or cargo transport unit is subject to provisions contained in table 176.144(a).

Table 176.144(a) - Authorized Mixed Stowage for Explosives

[An “X” indicates that explosives in the two different compatibility groups reflected by the location of the “X” may not be stowed in the same compartment, magazine, or cargo transport unit]

Compatibility groups A B C D E F G H J K L N S
A XXXXXXXXXXXX
BX XXXXXXXXXX
CXX 66X1XXXX4
DXX6 6X1XXXX4
EXX66 X1XXXX4
FXXXXX XXXXXX
GXX111X XXXXX
HXXXXXXX XXXX
JXXXXXXXX XXX
KXXXXXXXXX XX
LXXXXXXXXXX2XX
NXX444XXXXXX35
SX X5

Notes: 1. Explosive articles in compatibility group G, other than fireworks, may be stowed with articles of compatibility groups C, D, and E, provided no explosive substances are carried in the same compartment, magazine or cargo transport unit.

2. Explosives in compatibility group L may only be stowed in the same compartment, magazine or cargo transport unit with identical explosives within compatibility group L.

3. Different types of articles of Division 1.6, compatibility group N, may only be transported together when it is proven that there is no additional risk of sympathetic detonation between the articles. Otherwise they must be treated as division 1.1.

4. When articles of compatibility group N are transported with articles or substances of compatibility groups C, D or E, the goods of compatibility group N must be treated as compatibility group D.

5. When articles of compatibility group N are transported together with articles or substances of compatibility group S, the entire load must be treated as compatibility group N.

6. Any combination of articles in compatibility groups C, D and E must be treated as compatibility group E. Any combination of substances in compatibility groups C and D must be treated as the most appropriate compatibility group shown in Table 2 of § 173.52 taking into account the predominant characteristics of the combined load. This overall classification code must be displayed on any label or placard on a unit load or cargo transport unit as prescribed in subpart E (Labeling) and subpart F (Placarding).

(b) Where Class 1 (explosive) materials of different compatibility groups are allowed to be stowed in the same compartment, magazine, or cargo transport unit, the stowage arrangements must conform to the most stringent requirements for the entire load.

(c) Where a mixed load of Class 1 (explosive) materials of different hazard divisions and/or stowage arrangements is carried within a compartment, magazine, or cargo transport unit, the entire load must be treated as belonging to the hazard division having the greatest hazard. (For example, if a load of Division 1.1 (explosive) materials is mixed with Division 1.3 (explosive) materials, the load is treated as a Division 1.1 (explosive) material as defined in § 173.50(b) of this subchapter and the stowage must conform to the most stringent requirements for the entire load).

(d) If some of the Class 1 (explosive) materials in a stowage mixture require non-metallic lining of the closed cargo transport unit, Class 1 (explosive) materials requiring ordinary stowage may be stowed in the same closed cargo transport. When a closed cargo transport unit is used for such substances that require non-metallic lining of the closed cargo transport unit, the other Class 1 (explosive) materials stowed therein must have no exposed parts of any ferrous metal or aluminum alloy, unless separated by a partition.

(e) Segregation on deck: When Class 1 (explosive) materials in different compatibility groups are carried on deck, they must be stored not less than 6 m (20 feet) apart unless they are allowed under Table 176.144(a) to be stowed in the same compartment, magazine, or cargo transport unit.

(f) On a barge used to transfer class 1 (explosive) materials from a waterfront facility to a vessel at an explosives anchorage (or from the vessel to the water front facility), if compliance with paragraph (e) of this section is not practicable, a sandbag barrier at least 0.6 m (2 feet) in thickness may be substituted for the 6 m (20 feet) separation.

[Amdt. 176-30, 55 FR 52696, Dec. 21, 1990, as amended at 66 FR 45384, 45385, Aug. 28, 2001; 69 FR 76184, Dec. 20, 2004; 70 FR 56099, Sept. 23, 2005; 78 FR 1095, Jan. 7, 2013]

§ 176.145 - Segregation in single hold vessels.

(a) On board a vessel having a single cargo hold, Class 1 (explosive) materials in hazard division/compatibility group 1.1B and 1.2B may be stowed in the same compartment with substances of compatibility group D, provided:

(1) The net explosive weight of the compatibility group B explosive does not exceed 50 kg (110 pounds); and

(2) The compatibility group B explosive materials are stowed in a steel portable magazine that is stowed at least 6 m (20 feet) from the compatibility group D substances.

(b) Division/compatibility group 1.4B (explosive) materials may be stowed in the same compartment with substances of compatibility group D provided the Class 1 (explosive) materials of different compatibility groups are separated by either a distance of at least 6 m (20 feet) or by a steel partition.

[Amdt. 176-30, 55 FR 52696, Dec. 21, 1990, as amended at 66 FR 45384, Aug. 28, 2001]

§ 176.146 - Segregation from non-hazardous materials.

(a) Except as required by paragraph (b) of this section, Class 1 (explosive) materials need not be segregated from other cargo of a non-dangerous nature.

(b) Readily combustible materials may not be stowed in the same compartment or hold as Class 1 (explosive) materials other than those in compatibility group S.

(c) [Reserved]

(d) In order to avoid contamination:

(1) An explosive substance or article which has a secondary POISON hazard label must be stowed “separated from” all foodstuffs, except when such materials are stowed in separate closed cargo transport units, the requirements for “away from” segregation apply.

(2) An explosive substance or article which has a secondary CORROSIVE hazard label must be stowed “away from” foodstuffs.

[Amdt. 176-30, 55 FR 52696, Dec. 21, 1990, as amended at 56 FR 66282, Dec. 20, 1991; 69 FR 76185, Dec. 20, 2004; 78 FR 1095, Jan. 7, 2013]
PRECAUTIONS DURING LOADING AND UNLOADING

§ 176.148 - Artificial lighting.

Electric lights, except arc lights, are the only form of artificial lighting permitted when loading and unloading Class 1 (explosive) materials.

§ 176.150 - Radio and radar.

(a) Except as provided in paragraph (b) of this section, when Class 1 (explosive) materials (other than explosive articles in Division 1.4 [explosive] or any explosive substance) are loaded, unloaded, or handled, the responsible person must ensure that all sources of electromagnetic radiation such as radio and radar transmitters are deenergized by opening the main switches controlling the sources and tagging them to warn that the devices are not to be energized until loading or unloading has ceased.

(b) During the loading or unloading of all explosive articles (except those in Division 1.4 [explosive]), no radio or radar transmitter may be used within 50 m (164 feet) of such articles except for VHF transmitters the power output of which does not exceed 25 watts and of which no part of the antenna system is within 2 m (7 feet) of the Class 1 (explosive) materials.

(c) Explosive articles which are sensitive to electromagnetic radiation from external sources must be stowed at a safe distance from the vessel's radio cabin, receiving and transmitting apparatus radio antenna or lead-in, and radar installation, with due regard to the character of the vessel and the degree of screening-off of the explosive articles.

[Amdt. 176-30, 55 FR 52696, Dec. 21, 1990, as amended at 66 FR 45384, Aug. 28, 2001]

§ 176.154 - Fueling (bunkering).

(a) Class 1 (explosive) materials, except those in compatibility group S, may not be loaded or unloaded when fueling (bunkering) is in progress except with the prior authorization of the COTP, and under conditions prescribed by that officer.

(b) Vessels containing Class 1 (explosive) materials may not be fueled (bunkered) with the hatches open unless authorized by the COTP.

§ 176.156 - Defective packages.

(a) No leaking, broken, or otherwise defective package containing Class 1 (explosive) materials, including packages which have been adversely affected by moisture, may be accepted for shipment. The master or person in charge of a vessel on which there is a defective package containing Class 1 (explosive) materials must seek advice from the shipper concerning withdrawal, repair, or replacement. No repair of damaged or defective package containing Class 1 (explosive) materials may be performed on board a vessel.

(b) No Class 1 (explosive) material, which for any reason has deteriorated or undergone a change of condition that increases the hazard attendant upon its conveyance or handling, may be moved in the port area, except as directed by the COTP.

(c) If any package of Class 1 (explosive) materials, or seal of a package of Class 1 (explosive) materials, appears to be damaged, that package must be set aside for examination and repair or otherwise legally disposed of as directed by the shipper.

(d) If any Class 1 (explosive) materials are spilled or released from a package, the responsible person must ensure that an appropriate emergency response is undertaken in accordance with the emergency response information required under § 172.602 of this subchapter. The master of the vessel must report each incident involving spillage or release of Class 1 (explosive) materials to the COTP as soon as practicable.

[Amdt. 176-30, 55 FR 52696, Dec. 21, 1990, as amended at 56 FR 66282, Dec. 20, 1991]

§ 176.160 - Protection against weather.

Any person loading or unloading packages containing Class 1 (explosive) materials shall take adequate measures to prevent these packages from becoming wet.

§ 176.162 - Security.

A responsible person must be present at all times when the hatches of spaces containing Class 1 (explosive) materials are open. No unauthorized person may be permitted to access spaces in which Class 1 (explosive) materials are stowed. Magazines must be secured against unauthorized entry when loading has been completed, or when loading or unloading is stopped. Packages containing Class 1 (explosive) materials may not be opened on board ship.

§ 176.164 - Fire precautions and firefighting.

(a) Matches, lighters, fire, and other ignition sources are prohibited on and near any vessel on which Class 1 (explosive) materials are being loaded, unloaded, or handled except in places designated by the master or the COTP.

(b) A fire hose of sufficient length to reach every part of the loading area with an effective stream of water must be laid and connected to the water main, ready for immediate use.

(c) No repair work may be carried out in a cargo space containing Class 1 (explosive) materials other than those of Division 1.4 (explosive). No welding, burning, cutting, or riveting operations involving the use of fire, flame, spark, or arc-producing equipment may be conducted on board except in an emergency; and, if in port, with the consent of the COTP.

(d) Each compartment, including a closed vehicle deck space, which contains Class 1 (explosive) materials must be provided with a fixed fire extinguishing system. Each adjacent cargo compartment either must be protected by a fixed fire extinguishing installation or must be accessible for firefighting operations.

(e) A vessel must have two sets of breathing apparatus and a power-operated fire pump, which, together with its source of power and sea connections, must be located outside the machinery space.

[Amdt. 176-30, 55 FR 52696, Dec. 21, 1990, as amended at 66 FR 45384, Aug. 28, 2001]
PASSENGER VESSELS

§ 176.166 - Transport of Class 1 (explosive) materials on passenger vessels.

(a) Only the following Class 1 (explosive) materials may be transported as cargo on passenger vessels:

(1) Division 1.4 (explosive) materials, compatibility group S.

(2) Explosive articles designed for lifesaving purposes as identified in § 176.142(b)(2), if the total net explosive mass (weight) does not exceed 50 kg (110 pounds).

(3) Class 1 (explosive) materials in compatibility groups C, D, and E, if the total net explosive mass (weight) does not exceed 10 kg (22 pounds) per vessel.

(4) Articles in compatibility group G other than those requiring special stowage, if the total net explosive mass (weight) does not exceed 10 kg (22 pounds) per vessel.

(5) Articles in compatibility group B, if the total net explosive mass (weight) does not exceed 5 kg (11 pounds).

(b) Class 1 (explosive) materials which may be carried on passenger vessels are identified in column (10) of the § 172.101 table. They must be stowed in accordance with table 176.166(b).

Table 176.166(b) - Stowage Arrangements in Passenger Vessels

Class/Division Samples, explosive Goods, N.O.S. Class 1 Goods shipped under a specific proper shipping name
Compatibility group
A B C D E F G H J K L N S
1.1ddceeeece - c - c - -
1.2dd - eeeececccc - -
1.3dd - - ee - cecccc - -
1.4dd - bbbbcb - - - - - a
1.5dd - - - e - - - - - - - - -
1.6dd - - - - - - - - - - - e -

a - As for cargo ships, on deck or under deck.

b - As for cargo ships, on deck or under deck, in portable magazines only.

c - Prohibited.

d - As specified by the Associate Administrator, or the competent authority of the country in which the Class 1 (explosive) materials are loaded on the vessel.

e - In containers or the like, on deck only.

(c) Notwithstanding the provisions of paragraph (a) of this section, a combination of the substances and articles listed in paragraphs (a)(1) through (a)(5) of this section may be transported on the same passenger vessel provided the total net explosive mass (weight) of the combination of Class 1 (explosive) materials carried does not exceed the smallest quantity specified for any one of the substances or articles in the combination.

[Amdt. 176-30, 55 FR 52696, Dec. 21, 1990, as amended at 65 FR 58630, Sept. 29, 2000; 66 FR 45384, 45385, Aug. 28, 2001].
CARGO TRANSPORT UNITS AND SHIPBORNE BARGES

§ 176.168 - Transport of Class 1 (explosive) materials in vehicle spaces.

(a) All transport vehicles and cargo must be properly secured.

(b) All transport vehicles used for the carriage of Class 1 (explosive) materials must be structurally serviceable as defined in § 176.172(a)(2).

(c) Vehicles used to transport Class 1 (explosive) materials must conform to the requirements in §§ 177.834 and 177.835 of this subchapter.

(d) Class 1 (explosive) materials which require special stowage must be transported in transport vehicles approved for the purpose by the Associate Administrator except that Class 1 (explosive) materials in compatibility group G or H may be carried in steel portable magazines or freight containers. Closed transport vehicles may be used as magazines; transport vehicles of other types may be used to transport Class 1 (explosive) materials which require ordinary stowage.

(e) Class 1 (explosive) materials of different compatibility groups may not be stowed in the same vehicle except as allowed in § 176.144 of this subpart.

(f) Vehicles containing different Class 1 (explosive) materials require no segregation from each other, except that these materials may be carried together under the provisions of § 176.144 of this subchapter. In all other instances, the vehicles must be “separated from” one another.

(g) All transport vehicles used for the transport of Class 1 (explosive) materials must have lashing arrangements for securing the vehicle on the ship and preventing the moving of the vehicle on its springs during the sea passage.

(h) Where a portable magazine or closed freight container is carried on a chassis, twist locks or other suitable securing arrangements must be provided and made secure.

[Amdt. 176-30, 55 FR 52696, Dec. 21, 1990, as amended at 66 FR 45384, Aug. 28, 2001; 68 FR 61942, Oct. 30, 2003]

§ 176.170 - Transport of Class 1 (explosive) materials in freight containers.

(a) When Class 1 (explosive) materials are stowed in a freight container, the freight container, for the purposes of this subpart, may be regarded as a closed transport unit for class 1 or a magazine but not a separate compartment.

(b) Freight containers loaded with Class 1 (explosive) materials, except for explosives in Division 1.4, must not be stowed in the outermost row of containers.

(c) [Reserved]

(d) Class 1 (explosive) materials of different compatibility groups may not be stowed within the same freight container except as allowed in § 176.144 of this subpart.

(e) On vessels, other than specially fitted container ships, freight containers containing Class 1 (explosive) materials must be stowed only in the lowest tier.

(f) Freight containers carrying different Class 1 (explosive) materials require no segregation from each other, if the provisions of § 176.144 of this subpart allow the Class 1 (explosive) materials to be carried together in the same compartment. In all other instances, the containers must be “separated from” one another in accordance with § 176.83(f) of this part.

(g) Freight containers carrying Class 1 (explosive) materials may not be handled on board a vessel with fork lift trucks unless approved by the COTP. This does not preclude the use of front-loading trucks using side-frame lifting equipment.

[Amdt. 176-30, 55 FR 52696, Dec. 21, 1990, as amended at 56 FR 66282, Dec. 20, 1991; 68 FR 45041, July 31, 2003; 69 FR 76185, Dec. 20, 2004; 78 FR 1095, Jan. 7, 2013]

§ 176.172 - Structural serviceability of freight containers and vehicles carrying Class 1 (explosive) materials on ships.

(a) Except for Division 1.4 materials, a freight container may not be offered for the carriage of Class 1 (explosive) materials, unless the container is structurally serviceable as evidenced by a current CSC (International Convention for Safe Containers) approval plate and verified by a detailed visual examination as follows:

(1) Before a freight container or transport vehicle is packed with Class 1 (explosive) materials, it must be visually examined by the shipper to ensure it is structurally serviceable, free of any residue of previous cargo, and its interior walls and floors are free from protrusions.

(2) Structurally serviceable means the freight container or the vehicle cannot have major defects in its structural components, such as top and bottom side rails, top and bottom end rails, door sill and header, floor cross members, corner posts, and corner fittings in a freight container. Major defects include -

(i) Dents or bends in the structural members greater than 19 mm (0.75 inch) in depth, regardless of length;

(ii) Cracks or breaks in structural members;

(iii) More than one splice or an improper splice (such as a lapped splice) in top or bottom end rails or door headers;

(iv) More than two splices in any one top or bottom side rail;

(v) Any splice in a door sill or corner post;

(vi) Door hinges and hardware that are seized, twisted, broken, missing, or otherwise inoperative;

(vii) Gaskets and seals that do not seal; or

(viii) For freight containers, any distortion of the overall configuration great enough to prevent proper alignment of handling equipment, mounting and securing chassis or vehicle, or insertion into ships' cells.

(3) In addition, deterioration of any component of the freight container or vehicle, regardless of the material of construction, such as rusted-out metal in sidewalls or disintegrated fiberglass, is prohibited. Normal wear, however, including oxidation (rust), slight dents and scratches, and other damage that does not affect serviceability or the weather-tight integrity of the units, is not prohibited.

(b) As used in paragraph (a) of this section, splice means any repair of a freight container main structural member which replaces material, except complete replacement of the member.

(c) All shipments of Class 1 (explosive) materials except those in Division 1.4 (explosive) must be accompanied by a statement, which may appear on the shipping paper, certifying that the freight container or the vehicle is structurally serviceable as defined in paragraph (a)(2) of this section.

[Amdt. 176-30, 55 FR 52696, Dec. 21, 1990, as amended at 66 FR 45384, Aug. 28, 2001; 74 FR 2268, Jan. 14, 2009]

§ 176.174 - Transport of Class 1 (explosive) materials in shipborne barges.

(a) Fixed magazines may be built within a shipboard barge. Freight containers may be used as magazines within a barge.

(b) Shipborne barges may be used for the carriage of all types of Class 1 (explosive) materials. When carrying Class 1 (explosive) materials requiring special stowage, the following requirements apply:

(1) Class 1 (explosive) materials in compatibility group G or H must be stowed in freight containers.

(2) Class 1 (explosive) materials in compatibility group K or L must be stowed in steel magazines.

(c) Class 1 (explosive) materials of different compatibility groups may not be stowed within the same shipborne barge unless under § 176.144(b) of this subpart they are authorized to be stowed in the same compartment.

[Amdt. 176-30, 55 FR 52696, Dec. 21, 1990, as amended at 69 FR 76185, Dec. 20, 2004]
HANDLING CLASS 1 (EXPLOSIVE) MATERIALS IN PORT

§ 176.176 - Signals.

When Class 1 (explosive) materials are being loaded, handled, or unloaded on a vessel, the vessel must exhibit the following signals:

(a) By day, flag “B” (Bravo) of the international code of signals; and

(b) By night, an all-round fixed red light.

§ 176.178 - Mooring lines.

(a) All lines used in mooring the vessel must be of sufficient strength, type, and number for the size of the vessel and local conditions.

(b) While the vessel is moored or anchored in a port area, towing wires of adequate size and length must be properly secured to mooring bits at the bow and stern ready for immediate use with the towing eyes passed outboard and kept at about water level.

(c) The mooring arrangements must be such that the vessel can be released quickly in an emergency.

§ 176.180 - Watchkeeping.

Whenever Class 1 (explosive) materials are on board a vessel in port, there must be sufficient crew on board to maintain a proper watch and to operate the propulsion and firefighting equipment in case of an emergency.

§ 176.182 - Conditions for handling on board ship.

(a) Weather conditions. Class 1 (explosive) materials may not be handled in weather conditions which may seriously increase the hazards presented by the Class 1 (explosive) materials. During electrical storms, cargo operations must be halted and all hatches containing Class 1 (explosive) materials must be closed.

(b) Darkness. Class 1 (explosive) materials may not be handled on board a vessel during the hours of darkness unless prior consent has been obtained from the COTP.

(c) Lighting. The area where Class 1 (explosive) materials are handled, or where preparations are being made to handle Class 1 (explosive) materials, must be illuminated with lighting that is sufficient to safely perform the handling operation.

(d) Protective equipment. (1) A sufficient quantity of appropriate protective equipment must be provided for the personnel involved in handling Class 1 (explosive) materials.

(2) The protective equipment must provide adequate protection against the hazards specific to the Class 1 (explosive) materials handled.

(e) Intoxicated persons. No person under the influence of alcohol or drugs to such an extent that the person's judgment or behavior is impaired may participate in any operation involving the handling of Class 1 (explosive) materials. The master of the vessel must keep any such person clear of any areas where Class 1 (explosive) materials are being handled.

(f) Smoking. (1) Smoking is prohibited on the vessel while Class 1 (explosive) materials are being handled or stowed except in places designated by the master of the vessel.

(2) Conspicuous notices prohibiting smoking must be posted and clearly visible at all locations where Class 1 (explosive) materials are handled or stored.

(g) All hatches and cargo ports opening into a compartment in which Class 1 (explosive) materials are stowed must be kept closed except during loading and unloading of the compartment. After loading, hatches must be securely closed.

§ 176.184 - Class 1 (explosive) materials of Compatibility Group L.

Class 1 (explosive) materials in compatibility group L may not be handled in a port area without the special permission of, and subject to any special precautions required by, the COTP.

§ 176.190 - Departure of vessel.

When loading of Class 1 (explosive) materials is completed, the vessel must depart from the port area as soon as is reasonably practicable.

§ 176.192 - Cargo handling equipment for freight containers carrying Class 1 (explosive) materials.

(a) Except in an emergency, only cargo handling equipment that has been specifically designed or modified for the handling of freight containers may be used to load, unload, or handle freight containers containing Division 1.1 or 1.2 (explosive) materials.

(b) The gross weight of a freight container containing Class 1 (explosive) materials may not exceed the safe working load of the cargo handling equipment by which it is handled.

[Amdt. 176-30, 55 FR 52696, Dec. 21, 1990, as amended at 66 FR 45384, Aug. 28, 2001]
MAGAZINE VESSELS

§ 176.194 - Stowage of Class 1 (explosive) materials on magazine vessels.

(a) General. The requirements of this section are applicable to magazine vessels and are in addition to any other requirements in this subchapter.

(b) Type vessel authorized. A single deck vessel with or without a house on deck is the only type vessel that may be used as a magazine vessel. A magazine vessel may not be moved while Class 1 (explosive) materials are on board.

(c) Location of explosives. Division 1.1, 1.2, or 1.3 (explosive) materials, in excess of 2268 kg (5000 pounds), stored in any magazine vessel must be stowed below deck. No Class 1 (explosive) materials may be stowed on deck unless the vessel is fitted with a deck house having a stowage area which meets the requirements in this subpart for the stowage of Class 1 (explosive) materials. Detonators, detonator assemblies and boosters with detonators, Division 1.1 (explosive) may not be stored on the same magazine vessel with other Division 1.1, 1.2. and 1.3 (explosive) materials.

(d) Class 1 (explosive) materials storage spaces. Any compartment on a magazine vessel used for the stowage of Class 1 (explosive) materials must be completely sealed with wood so as to provide a smooth interior surface. Each metal stanchion in the compartment must be boxed in the same manner. An overhead ceiling is not required when the overdeck is weather tight. All nail and bolt heads must be countersunk and any exposed metal must be covered with wood.

(e) Initiating explosives, detonators and boosters with detonators. No explosive substance in Division 1.1, compatibility group A may be stowed in the same compartment with any other Class 1 (explosive) materials when there are explosive substances in Division 1.1 or 1.2 (explosive) on the same magazine vessel. Detonators, detonator assemblies and boosters with detonators must be stowed at least 8 m (26 feet) from any bulkhead forming a boundary of a compartment containing any other Class 1 (explosive) materials.

(f) Dry storage spaces. A magazine vessel having a dry storage space capable of being used for any purpose whatsoever must have a cofferdam at least 61 cm (24 inches) wide fitted between the dry storage space and each adjacent compartment containing Class 1 (explosive) materials. The cofferdam must be constructed of wood or steel, formed by two tight athwartship bulkheads extending from the skin of the vessel to the overdeck. If the cofferdam extends to the weather deck, a watertight hatch must be fitted in the deck to provide access to the cofferdam.

(g) Lighting. Non-sparking, battery-powered, self-contained electric lanterns or non-sparking hand flashlights are the only means of artificial light authorized.

(h) Living quarters. Living quarters must be fitted on the inside with a non-combustible material approved by the Commandant, USCG. Bracketed ship's lamps are the only lighting fixtures authorized to be used in the living quarters. Any stove used for heating or cooking must be securely fastened and may not be mounted closer than 15 cm (5.9 inches) to the deck or sides of the house. Any smoke pipe for the stove which passes through the roof of the house must be kept at least 8 cm (3 inches) away from any woodwork. Each smoke pipe must be protected by a layer of non-combustible material approved by the Commandant, USCG, an air space of at least 2.54 cm (1 inch), and a metal collar of at least 1.5 mm (0.059 inch) sheet secured only on the weather side of the roof. There may be no opening from any living quarters into any stowage compartment.

(i) Storage of other hazardous materials. Magazine vessels having Class 1 (explosive) materials on board may not be used for the storage of any other hazardous material.

(j) Magazine vessel's stores. Hazardous materials used as stores on board any magazine vessel must comply with the requirements of 46 CFR part 147.

(k) Matches. Safety matches requiring a prepared surface for ignition are the only type of matches authorized to be possessed or used on board a magazine vessel. They must be kept in a metal box or can with a metal cover and stored in the custodian's living quarters.

(l) Firearms. Firearms and ammunition (other than cargo) are not permitted on board a magazine vessel.

(m) Fire extinguishing equipment. No Class 1 (explosive) materials may be loaded or stowed in, unloaded from, or handled on any magazine vessel unless four fire extinguishers that meet the requirements for Type A Size II or Type B Size III in 46 CFR part 95, subpart 95.50 are near and accessible to the magazines.

(n) Supervision. A magazine vessel containing Class 1 (explosive) materials must be continuously attended by a custodian employed for that purpose by the vessel's owner.

(o) Unauthorized persons on magazine vessels. The custodian of a magazine vessel shall prevent unauthorized persons from coming on board unless it is necessary to abate a hazard to human life or a substantial hazard to property.

(p) Repacking of Class 1 (explosive) materials on board. No Class 1 (explosive) materials may be repacked on board a magazine vessel. Broken or damaged packages must be handled in accordance with the requirements of § 176.156. Packages requiring an emergency response must be handled in accordance with the emergency response information required under § 172.602 of this subchapter.

(q) Work boat. Each magazine vessel must be equipped with a work boat.

(r) Life preservers. One approved personal flotation device must be available for each person employed on a magazine vessel.

(s) Fenders. Each magazine vessel must be fitted with fenders in sufficient number and size to prevent any vessel tieing up alongside from coming in contact with the hull.

[Amdt. 176-30, 55 FR 52696, Dec. 21, 1990, as amended by Amdt. 176-41, 61 FR 51339, Oct. 1, 1996; 66 FR 45185, 45384, 45385, Aug. 28, 2001]