§ 126.31 Termination or suspension of general permit. The Captain of the Port is hereby authorized to terminate or to suspend the general permit granted by § 126.27 in respect to any particular designated waterfront facility whenever he deems that the security or safety of the port or vessels or waterfront facilities therein so requires. Confirmation of such termination or suspension shall be given to the permittee in writing. After such termination, the general permit may be revived by the Commandant with respect to such particular waterfront facility upon a finding by him that the cause of termination no longer exists and is unlikely to recur. After such suspension, the general permit shall be revived by the Captain of the Port with respect to such particular waterfront facility when the cause of suspension no longer exists, and he shall so advise the permittee in writing.

§ 126.33 Penalties for handling dangerous cargo without permit. Handling, storing, stowing, loading, discharging, or transporting any dangerous cargo covered by § 126.27 under circumstances not covered by the general permit granted in § 126.27 or when such general permit is not in force will subject persons responsible therefor to the penalties of fine and imprisonment provided in section 2, Title II of the act of June 15, 1917, as amended, 50 U. S. C. 192.

$126.35 Primary responsibility. Nothing contained in the rules, regulations, condition, and designations in this part shall be construed as relieving the masters, owners, operators, and agents of vessels, docks, piers, wharves, or other waterfront facilities from their primary responsibility for the security of such vessels, docks, piers, wharves, or waterfront facilities.

§ 126.37 Separability. If any provision of the rules, regulations, conditions, or designations contained in this part or the application of such provision to any person, waterfront facility, or circumstances shall be held invalid, the validity of the remainder of the rules, regulations, conditions, or designations contained in this part and applicability of such provision to other persons, waterfront facilities, or circumstances, shall not be affected thereby.

Dated: August 22, 1951.

TITLE 46-SHIPPING

Chapter I-Coast Guard, Department of the Treasury

Subchapter K-Seamen

[CGFR 51-15]

PART 136-MARINE INVESTIGATION

REGULATIONS

PART 137-SUSPENSION AND REVOCATION

PROCEEDINGS

COAST GUARD PERSONNEL AS WITNESSES IN JUDICIAL PROCEEDINGS

The purpose of the following amendments to 46 CFR 136.15-1 and 137.17-25 is to clarify the regulations and to resolve conflicting interpretations of what is required in the giving of testimony by persons in the service of the Coast Guard in civil or criminal court cases. It is necessary to distinguish those cases in which definitive affidavits are required as a condition precedent to the appearance of Coast Guard personnel in judicial proceedings from those cases in which such affidavits are not required. Because conflicting interpretations of the requirements have resulted in inequities to the public as well as the Government in the handling of various judicial proceedings and because no additional requirements are added to the regulations, it is hereby found that compliance with the notice of proposed rule making, the public rule making procedure thereon, and effective date requirements of the Administrative Procedure Act is impracticable and contrary to the public interest.

By virtue of the authority vested in me as Commandant, United States Coast Guard, by Treasury Department Order No. 120, dated July 31, 1950 (15 F. R. 6521), as well as the statutes cited with the regulations below, the following amendments to the regulations are prescribed which shall become effective on the date of publication of this document in the Federal Register:

1. Section 136.15-1 is amended to read as follows:

§ 136.15-1 Persons in service of Coast Guard. (a) No person in the service of the Coast Guard shall, without prior approval of the Commandant, give any testimony with respect to any investigation or any other official proceedings in any suit or action in the courts. This applies

Foresight will provide that "ounce of prevention"

equally to cases in state or Federal courts and to civil as well as criminal cases.

(b) In cases involving (1) civil litigation between private parties; or, (2) criminal matters before state courts; or, (3) civil litigation for or against the United States where Coast Guard personnel are called by parties opposing the United States; an affidavit by the litigant or his attorney setting forth the interest of the litigant and the information with respect to which the testimony of such Coast Guard officer or employee is desired must be submitted before permission to testify will be granted. Permission to testify will, in all cases, be limited to the information set forth in the affidavit, or to such portions thereof as may be deemed proper. In addition to the permission required by this paragraph, the Commandant may insist that the appearance of the Coast Guard officer or employee as a witness be conditioned on the issuance of a subpena or subpena duces tecum (as appropriate) from a court of competent jurisdiction.

(c) In cases where the appearance of Coast Guard personnel is desired by counsel representing the United States to support the affirmative claims or defenses of the United States in civil matters or on behalf of the United States in criminal matters, no affidavit as described in paragraph (b) of this section shall be required, but the Commandant's prior approval must nevertheless be obtained, except in those cases where the Coast Guard personnel desired as witnesses file the original complaint. (R. S. 4405, as amended, secs. 1, 2, 49 Stat. 1544, sec. 5, 55 Stat. 244, as amended; 46 U. S. C. 375, 367, 50 U. S. C. 1275. Interprets or applies R. S. 4450, as amended; 46 U. S. C. 239)

2. Section 137.17-25 is amended to read as follows:

§ 137.17-25 Testimony by Coast Guard personnel. (a) No person in the service of the Coast Guard shall, without prior approval of the Commandant, give any testimony with respect to any investigation or any other official proceedings in any suit or action in the courts. This applies equally to cases in state or Federal courts and to civil as well as criminal cases.

(b) In cases involving (1) civil litigation between private parties; or, (2) criminal matters before state courts; or, (3) civil litigation for or against the United States where Coast Guard personnel are called by parties opposing the United States; an affidavit by the litigant or his attorney setting forth the interest of the litigant and the information with respect to which the testimony of such

Coast Guard officer or employee is desired must be submitted before permission to testify will be granted. Permission to testify will, in all cases, be limited to the information set forth in the affidavit, or to such portions thereof as may be deemed proper. In addition to the permission required by this paragraph, the Commandant may insist that the appearance of the Coast Guard officer or employee as a witness be conditioned on the issuance of a subpena or subpena duces tecum (as appropriate) from a court of competent jurisdiction.

(c) In cases where the appearance of Coast Guard personnel is desired by counsel representing the United States to support the affirmative claims or defenses of the United States in civil matters or on behalf of the United States in criminal matters, no affidavit as described in paragraph (b) of this section shall be required but the Commandant's prior approval must nevertheless be obtained, except in those cases where the Coast Guard personnel desired as witnesses file the original complaint.

A notice regarding proposed changes in the regulations for the transportation of inflammable liquids and specifications for fibrous glass life preservers, pistol projected parachute red flare distress signals and signal pistols was published in the Federal Register dated February 27, 1951, 16 F. R. 1831, as Items III and IV on the Agenda to be considered by the Merchant Marine Council, and a public hearing was held by the Merchant Marine Council on March 27, 1951, in Washington, D. C. All the comments submitted were considered and where practicable were incorporated into the regulations.

The purpose of the amendments to 46 CFR §§ 146.03-9, 146.04-5, 146.21-1 to 146.21-100, inclusive, and 146.25100 is to revise the requirements for the transportation of inflammable liquids so that the Coast Guard requirements will be in agreement with the Interstate Commerce Commission's regulations and will contain

new requirements covering new inflammable liquids which have become commercially important. The subpart entitled "Detailed Regulations Governing Inflammable Liquids" has been brought up to date and the text of former §§ 146.21-1, 146.21-2, 146.2114, and 146.21-100 was revised. The regulations in this subpart have been renumbered in order to allow for future expansion of text if necessary. For convenience tables showing the old section numbers and the new section numbers assigned are printed below and the asterisks indicate which sections have been revised.

COMPARISON OF OLD SECTION NUMBERS
WITH NEW SECTION NUMBERS
New section
Nos.
*146.21-1

Old section Nos.

146.21-1.

*146.21-100

146.21-30 146.21-35 146.21-40 146.21-45 146.21-50 146.21-55 146.21-60

*146.21-65

146.21-70

146.21-75

146.21-100

COMPARISON OF NEW SECTION NUMBERS

WITH OLD SECTION NUMBERS

New section

Nos. *146.21-1_

*146.21-5

146.21-10

146.21-15

146.21-20_.

146.21-25_

146.21-30

146.21-35_.

146.21-40

146.21-45_

146.21-50

146.21-55_ 146.21-60. *146.21-65146.21-70. 146.21-75*146.21-100_

Old section Nos.

*146.21-1

*146.21-2

146.21-3

146.21-4

146.21-5

146.21-6

146.21-7

146 21-8 146.21-9

146.21-10

146.21-11

146.21-12 146.21-13 *146.21-14

146.21-15 146.21-16 *146.21-100

The purpose for adding a new specification covering life preservers using fibrous glass as buoyant material as 46 CFR Subpart § 160.005 in Subchapter Q, Specifications, is to provide an alternate type of life preserver for use on inspected vessels. This specification sets forth the requirements to be followed in manufacturing life preservers using fibrous glass as buoyant material, as well as inspections and tests required, and the procedures for obtaining approval.

The purpose for the two specifications covering pistol projected parachute red flare distress signals and signal pistols is to separate present specification requirements into two specifications in order that manufacturing requirements may be more easily understood. The revision of the specifications does not change the requirements or add new requirements except that the cost of qualification tests for type or brand approval must now be borne by the manufacturer. The specification in 46 CFR Subpart § 160.024 now contains the requirements to be followed in the manufacturing of pistol projected parachute red flare distress signals. The specification in 46 CFR Subpart § 160.028 contains the requirements to be followed in the manufacturing of signal pistols. These specifications also contain the requirements covering the inspections and tests quired and procedures for obtaining approval.

146.21-50 Electrical equipment in holds. 146.21-55 Smoking prohibited, warning signs.

146.21-60 Potable spirits. 146.21-65 Limited quantity shipments. 146.21-70 Limited quantity shipments of paint products.

146.21-75 Limited quantity shipments of polishes.

146.21-100 Table D -Classification: Inflammable liquids.

AUTHORITY: §§ 146.21-1 to 146.21-100 issued under R. S. 4405, as amended, 4472, as amended; 46 U. S. C. 375, 170. Interpret or apply sec. 5, 55 Stat. 244, as amended; 50 U. S. C. App. 1275.

§ 146.21-1 Definition of inflammable liquid. An inflammable liquid (flammable liquid) is defined by the ICC regulations as set forth in § 146.21-5, and such definition is binding upon all shippers making shipments of inflammable liquids (flammable liquids) by common carrier vessels engaged in interstate or foreign commerce by water. This definition is accepted and adopted and forms part of the regulations in this subchapter applying to all shippers making shipments of inflammable liquids (flammable liquids) on any vessel and shall apply to the owners, charterers, agents, master, or other persons in charge of a vessel and Lo other persons transporting, carrying, conveying, storing, stowing or using inflammable liquids (flammable liquids), on board any vessel subject to R. S. 4472, as amended; 46 U. S. C. 170, and the regulations in this subchapter.

§ 146.21-5 Inflammable liquid defined. An inflammable liquid (flammable liquid) is any liquid which gives off inflammable (flammable) vapors (as determined by flashpoint from Tagliabue's open-cup tester, as used for test of burning oils) at or below a temperature of 80° F.

§ 146.21-10 Export shipments of inflammable liquids. Certain inflammable liquids are permitted by these regulations to be exported under shipping names differing from shipping names as required in domestic transportation. Such substances together with these "synonym" shipping names are indicated in the tables in § 146.21-100 and the "synonym" shipping names that are permitted are shown thereon. Substances shipped under these "synonym" shipping names may be accepted on board vessels that are permitted to transport such substances in export; provided the shipment otherwise conforms to the provisions of the regulations in this part. Stowage on board vessels shall be in accordance with the stowages indicated in the tables for the particular character of vessel involved.

§ 146.21-15 Stowage on board vessels. All inflammable liquids permitted for transportation on board vessels shall, when taken on board a vessel, be stowed in accordance with the provisions applying to the particular character of vessel as shown in the tables, § 146.21-100, and with the detailed regulations of stowage shown herein.

§ 146.21-20

"On deck" stowage.

(a) Inflammable liquids, stowage of which is permitted "On deck" by the provisions of the table § 146.21-100 shall be properly secured, when so stowed, in a manner satisfactory to the master or other person in charge of the vessel consistent with the following conditions:

(1) Such inflammable liquid shall be so stowed as to provide safe access to the crew's quarters and to all parts of the deck required to be used in the navigation and necessary working of the vessel.

(2) Such inflammable liquids shall not be stowed within a distance in a horizontal plane of 25 feet of an operating or embarkation point of a lifeboat when such point is at the same deck level as that upon which an inflammable liquid cargo is stowed, except on a vessel which by reason of its breadth, it is impossible to provide such horizontal distance; deck stowage is permitted when the cargo is confined to only one side of the centerline of the vessel.

(3) Fire plugs, sounding pipes and access to same shall be maintained free and clear of inflammable liquid cargo stowed "On deck"

(b) on passenger-carrying vessels, when limited stowage of inflammable liquid is permitted "On deck", such liquids shall be stowed well away from any deck or spaces provided for use of passengers.

(c) At least one section of fire hose shall be connected with an adequate water supply and shall be in readiness for use adjacent to inflammable liquids when stowed "On deck". No cargo shall be stowed "On deck" unless two portable fire extinguishers of at least 22 gallon foam type each or equivalent shall be located in a position easily accessible to such cargo.

§ 146.21-25 "Under deck" stowage. (a) Stowage of inflammable liquids "Under deck" shall be either in ventilated holds or in holds that are gastight.

(b) Inflammable liquids that are permitted by these regulations to be stowed in a cargo hold or a compartment on board a passenger vessel shall not be so stowed unless the compartment or hold authorized for such stowage is fitted with either an overhead water sprinkler system, inert gas or steam smothering system.

(c) Inflammable liquids permitted on passenger vessels may be stowed in a hold or compartment the overdeck of which forms a boundary of a passenger space, provided such overdeck is of an AI type of construction or in lieu thereof is fitted on its underside in way of the passenger area with three inches of incombustible insulation.

(d) Compartments or holds in which inflammable liquid cargo is to be stowed and which are fitted with electrical circuits having outlets within the compartment or hold shall have such circuits disconnected from all sources of power supply unless the fixtures within the hold are of a vapor proof type, and such circuits shall not be again connected for power until the compartment or hold has been freed of any accumulation of inflammable vapors.

(e) After the stowage of inflammable liquid cargo has commenced in a compartment or hold that is not fitted with vapor proof type of electrical outlets no portable means of artificial lighting shall be used within such a compartment or hold unless such portable equipment is of the vapor proof type. Electrical connections for permitted portable lighting shall be made to outlets located outside of

the compartment or hold and above the weather deck. Hand flashlights shall be of the non-sparking type.

§ 146.21-30 Prohibited storage. (a) Inflammable liquids in any quantity shall not be stowed in a magazine in which is stowed any explosive, nor in a compartment or hold in which a magazine containing explosives is located.

(b) Inflammable liquids in a quantity in excess of 1 ton shall not be stowed "On deck" in vessels carrying Class "A" Dangerous Explosives or Class "B" Less Dangerous Explosives, unless the engine and boiler room spaces intervene between holds containing explosives and the space over which these liquids are stowed.

(c) Inflammable liquids in quantities in excess of 1 ton shall not be stowed in the same compartment, or in a compartment adjacent, or over, or under one in which inflammable compressed gases (except liquefied petroleum gases), as shown in the tables appearing in the compressed gas section (§ 146.24-100) are stowed. Small cargo vessels, having only two holds adjacent to each other, may stow inflammable liquids and compressed gases in adjacent holds provided such are separated from each other by the maximum horizontal distance available.

(d) Inflammable liquids may be stowed in a compartment having a boundary bulkhead or deck which also forms a boundary to a boiler room, engine room or a coal bunker or galley provided no containers of such inflammable liquid are stowed within twenty (20) feet of such bulkhead or deck. When the amount of such inflammable liquid to be stowed in the hold exceeds the space available the twenty (20) feet separation need not be complied with provided one or more of the following protections are provided:

(1) The bulkhead or deck is insulated with at least three (3) inches of insulation throughout its entire area subject to heat.

(2) A temporary wooden bulkhead of at least two inches thickness is constructed in the hold at least three inches off the engine room and six inches off the boiler room bulkhead and covering the entire area of the bulkhead that is subject to heat. The space between the permanent bulkhead and the temporary wooden bulkhead shall be filled full with bulk asbestos or mineral wool.

(3) A temporary wooden bulkhead constructed of one inch T and G sheathing located three feet off the boiler room or engine room bulkhead

and filled with sand to a height of six feet above the tank top. located

(e) Cargo compartment "Tween decks" and having a boundary bulkhead which also forms a boundary to a boiler room, engine room, coal bunker, galley or a boiler room uptake casing may be utilized for the stowage of inflammable liquids under the conditions as outlined in paragraph (d) except that the provision in subparagraph (3) requiring filling with sand to a height of 6 feet shall be modified to provide for only 3 feet of sand.

(f) Inflammable liquids in drums or in export wooden cases having inside containers in excess of one quart capacity shall not be stowed as beam fillers. Wooden barrels, wooden boxes, and fiberboard boxes with inside containers of inflammable liquids of less than one quart capacity shall not be stowed as beam fillers unless it is possible to stow and observe "This Side Up" markings.

§ 146.21-35 Boundary bulkheads. Holds, with bulkheads in which cargo openings to adjacent holds are fitted, shall not be used for the stowage of inflammable liquids unless such openings are provided with means to securely close off and make the hold gastight or unless the adjacent hold is also used for the stowage of inflammable or combustible liquid cargo.

§ 146.21-40 Hatch closing means. All unit compartments or holds used for the stowage of inflammable liquids shall be provided with full and efficient hatch covers. Tarpaulins if fitted or required to be fitted shall be protected by dunnaging before overstowing with cargo. Such tarpaulins shall be in one piece and free of rents, tears, or holes.

§ 146.21-45 Ventilation. All cargo holds in which inflammable liquids are to be stowed and which are provided with means for ventilating shall, before any inflammable liquid cargo in a quantity in excess of 1 ton be stowed in such hold, have fire screens fitted at the weather end of the vent ducts. This fire screen shall consist of two layers of fine brass wire screen of at least 20 x 20 mesh, spaced not less than 1⁄2 inch or more than 12 inches apart. This screen may be removable, and if so fitted, means for effectively securing the same in place when in service shall be provided. Mushroom-type heads shall have similar fire screens so fitted as to completely and efficiently cover the open area. For holds that are gastight and fitted with vent trunks such vent trunks may be efficiently blanked off at both termini in lieu of fitting

flame screens. Stowage of inflammable liquids in a quantity in excess of 1 ton shall not be permitted in holds or compartments that are fitted with gooseneck-type of vent trunk heads.

§ 146.21-50 Electrical equipment in holds. Inflammable liquids shall not be stowed in holds or compartments in which electrical apparatus of any type, except vaporproof, are fitted unless positive means for disconnecting all such electrical apparatus are provided and such control means are located outside the boundaries of said space. Electrical power lines passing through a hold that is to be used for the stowage of inflammable liquids shall have such run of cable protected by metal covering to prevent damage and possible short circuit. Such metal protection shall be substantial enough to prevent crushing, by reason of cargo which might be stowed against same.

§ 146.21-55 Smoking prohibited, warning signs. (a) Smoking prohibited in the vicinity of inflammable liquid cargo stowed "On deck" and in holds in which such cargo is stowed or in the vicinity of ventilators from such holds.

(b) Signs carrying the legend

shall be posted at each avenue of approach to inflammable liquid cargo when stowed "On deck" and in the vicinity of cargo hold ventilators when inflammable cargo is stowed in the hold. Such sign shall be painted on a white background using a bright red color for lettering. The letters shall not be less than 3 inches high. § 146.21-60 Potable spirits. Potable spirits packed in strong, tight barrels, drums, casks, wooden or fiberboard boxes may, when stowed in a compartment not subject to artificial heat, be transported on board any vessel without further restriction.

§ 146.21-65 Limited quantity shipments. (a) Inflammable liquids, except those enumerated in paragraph (c) of this section, in inside glass or earthenware containers having a capacity not over 1 pint or 16 ounces by weight each, or inside metal containers not over 1 quart capacity each, packed in strong outside containers, except as otherwise provided, are exempt from specification packaging, marking other than name of contents, and labeling requirements.

§ 146.21-70 Limited quantity shipments of paint products. (a) Paint, enamel, lacquer, stain, shellac, varnish, aluminum, bronze, gold, wood filler, liquid, and lacquer base liquid and thinning, reducing and removing compounds therefor, and driers, liquid, therefor, when packed in inside glass or earthenware containers of not over 1-quart capacity each, or metal containers not over 5 gallons capacity each, and packed in strong outside containers are exempt from 'specification packaging, marking other than name of contents, and labeling requirements. When fiberboard box is used for such shipments by water gross weight must not exceed 65 pounds.

(b) Such shipments may be accepted on board all vessels subject to the regulations in this part, provided the bill of lading or other shipping paper correctly describes the article in accordance with the true name as shown in the commodity list. Stowage shall be "On deck under cover" or "Tween decks" in a compartment not subject to artificial heat.

§ 146.21-75 Limited quantity shipments of polishes. (a) Polishes, metal, stove, furniture and wood, liquid, when packed in inside glass or earthenware containers of not over 1 quart capacity each, or metal containers not over 5 gallons capacity each, and packed in strong outside containers are exempt from specification packaging, marking other than name of contents, and labeling requirements.

(b) Such shipments may be accepted on board all vessels subject to

the regulations in this part, provided the bill of lading or other shipping paper correctly describes the article in accordance with the true name as shown in the commodity list. Stowage shall be "On deck under cover" or "Tween decks" in a compartment not subject to artificial heat.

§ 146.21-100 Table D-Classification: Inflammable liquids.

NOTE: This table is not reprinted herein because space is not available. Copies may be obtained upon request from the Commandant (CMC), Coast Guard Headquarters, Washington 25, D. C.

4. § 146.25-100 Table H-Classification: Class A: Extremely dangerous poisons is amended by deleting the article "Acrolein" in column 1 together with its description in column 2 and label required in column 3. (This item has been reclassified from a poison gas to an inflammable liquid.) (R. S. 4405, as amended, 4472, as amended; 46 U. S. C. 375, 170)

160.005-5 Inspections and tests.
160.005-6 Marking.
160.005-7 Procedure for approval.

AUTHORITY: §§ 160.005-1 to 160.005-7 issued under R. S. 4405, as amended, 4481, 4488, as amended; 46 U. S. C. 375, 474, 481. Interpret or apply R. S. 4417a, as amended, 4426, as amended, 4482, 4491, as amended, 4492, sec. 11, 35 Stat. 428, 49 Stat. 1544, 54 Stat. 163-167, sec. 3, 54 Stat. 347, sec. 5, 55 U. S. C. 244, as amended; 46 U. S. C. 391a, 404, 475, 489, 490, 396, 367, 526-526t, 1333, 50 U. S. C. App. 1275.

3. Part 160 is amended by adding a new subpart 160.028, containing §§ 160.028-1 to 160.028-7, inclusive. reading as follows:

SUBPART 160.028-SIGNAL PISTOLS FOR PARACHUTE RED FLARE DISTRESS SIGNALS FOR MERCHANT VESSELS

Sec.

160.028-1

Applicable specifications and plans.

160.028-2 Type. 160.028-3

160.028-4

Materials, workmanship, construction, and performance requirements.

Inspections and tests. 160.028-5 Marking.

160.028-6

Container.

160.028-7 Procedure for approval.

AUTHORITY: §§ 160.028-1 to 160.028-7 issued under R. S. 4405, as amended, 4488, as amended; 46 U. S. C. 375, 481. Interpret or apply R. S. 4417a, as amended, 4491, as amended, 49 Stat. 1544, 54 Stat. 347, sec. 5, 55 Stat. 244, as amended; 46 U. S. C. 1, 391a, 489, 367, 1333, 50 U. S. C. App. 1275.

NOTE: This specification is not reprinted herein because space is not available. Copies may be obtained upon request from the Commandant (CMC), Coast Guard Headquarters, Washington 25, D. C.

Dated: May 31, 1951. [SEAL]

A. C. RICHMOND, Rear Admiral, U. S. Coast Guard, Acting Commandant. [F. R. Doc. 51-8521; Filed, July 23, 1951; 8:49 a. m., 16 F. R. 7211-7/24/51.]