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CFR 1999 Title35 Vol1 Part113
CFR 1999 Title35 Vol1 Part113
CFR 1999 Title35 Vol1 Part113
I (7–1–98 Edition)
108
Panama Canal Regulations § 113.3
(a) Bulk Chemical Code means the Carrying Liquefied Gases in Bulk,
Code for the Construction and Equip- which is generally applicable to ships
ment of Ships Carrying Dangerous delivered before December 31, 1976.
Chemicals in Bulk, including amend- (h) IMDG means the International
ments thereto, which is generally ap- Maritime Dangerous Goods Code.
plicable to ships built on or after April (i) IMO means the International Mar-
12, 1972, but before July 1, 1986, and the itime Organization (formerly Inter-
International Code for the Construc- national Maritime Consultative Orga-
tion and Equipment of Ships Carrying nization).
Dangerous Chemicals in Bulk, which is (j) IMO Class means the classification
generally applicable to ships built on of a dangerous substance under the
or after July 1, 1986. International Convention for the Safe-
(b) Certificate of Compliance means a ty of Life at Sea, 1960, as amended.
certificate issued by a national govern- Under this system of classification,
ment, or a society on behalf of a gov- dangerous substances are divided into 9
ernment, certifying that the ship is in classes and subdivisions based on their
compliance with the requirements of particular properties.
the Bulk Chemical Code or Gas Carrier (k) IOPP Certificate means an IMO
Codes. International Oil Pollution Prevention
(c) Certificate of Fitness means a cer- Certificate certifying that the ship has
tificate issued by or on behalf of a na- been surveyed in accordance with regu-
tional government in accordance with lations of MARPOL 73/78.
the Bulk Chemical Code or the Gas (l) MARPOL 73/78 means the IMO
Carrier Codes, certifying that the con- International Convention for the Pre-
struction and equipment of the vessel vention of Pollution From Ships, 1973,
are adequate to permit the safe car- as modified by the Protocol of 1978 re-
riage of specified dangerous substances lating thereto. Any annex thereto ap-
in the vessel. plies to vessels in waters of the Pan-
(d) Combustible liquids means a vola- ama Canal beginning the date on which
tile liquid having a flashpoint at the annex enters into force by its
61° C (141 ° F) or above. terms.
(e) Dangerous cargo means (1) any (m) Packaged dangerous goods means
substance whether packaged or in bulk, any dangerous cargo contained in a
intended for carriage or storage and receptable, portable tank, freight con-
having properties coming within the tainer or vehicle. The term includes an
classes listed in the IMDG Code, and (2) empty receptacle, portable tank or
any substance shipped in bulk not com- tank vehicle which has previously been
ing within the IMDG Code classes but used for the carriage of a dangerous
which is subject to the requirements of substance unless such receptacle or
the Bulk Chemical Code, the Gas Car- tank has been cleaned and dried, or
rier Codes, or Appendix B of the Solid when the nature of the former contents
Bulk Code. permits transport with safety.
(f) Dangerous cargo in bulk means any (n) SOLAS means the International
dangerous substance, carried without Convention for the Safety of Life at
any intermediate form of containment, Sea, 1974, as amended.
in a tank or cargo space which is a (o) Solid Bulk Code means the Inter-
structural part of a vessel or in a tank national Code of Safe Practice for
permanently fixed in or on a vessel. Solid Bulk Cargoes.
(g) Gas Carrier Codes means the Inter- (p) Reference to codes, international
national Code for the Construction and agreements, or other regulations shall
Equipment of Ships Carrying Liquefied also be deemed to refer to any amend-
Gases in Bulk, which is generally appli- ments or additions thereto on or after
cable to ships built on or after July 1, the date such amendments or additions
1986, and the Code for the Construction become effective.
and Equipment of Ships Carrying Liq-
uefied Gases in Bulk, which is gen- § 113.3 Classifications.
erally applicable to ships built on or (a) Dangerous cargo shall be classi-
after December 31, 1976, but before July fied in accordance with the IMO class
1, 1986, and the Code for Existing Ships and division. Whenever there is a doubt
109
§ 113.4 35 CFR Ch. I (7–1–98 Edition)
as to the explosive or dangerous nature acter that the application of the haz-
of any commodity, or in case of con- ardous cargo rules are warranted. Class
flict as to its classification, determina- 9 includes a number of substances and
tion of the nature and classification of articles which cannot be properly cov-
such cargoes shall be made by the Ma- ered by the provisions applicable to the
rine Safety Advisor or his designee. other classes, or which present a rel-
Dangerous cargoes shall be divided into atively low transportation hazard.
the following classes: (b) Combustible liquids having
(1) Class 1—Explosives. flashpoints above 61 ° C (141 ° F) are not
(i) 1.1—Substances and articles which
considered to be dangerous by virtue of
have a mass explosion hazard.
their fire hazard.
(ii) 1.2—Substances and articles
which have a projection hazard but not [50 FR 19679, May 10, 1985, as amended at 54
a mass explosion hazard. FR 37326, Sept. 8, 1989]
(iii) 1.3—Substances and articles
which have a fire hazard and either a § 113.4 Safety and alarm systems.
minor blast hazard or a minor projec- (a) All dangerous cargo alarms, safe-
tion hazard, or both, but not a mass ex- ty devices, and the vessel’s firefighting
plosion hazard. systems shall be tested 24 hours prior
(iv) 1.4—Substances and articles to arrival in Canal waters by any ves-
which present no significant hazard.
sel carrying dangerous cargoes. An
(v) 1.5—Very insensitive substances
entry shall be made in the ship’s log
which has a mass explosion hazard.
(2) Class 2—Gases: Compressed, lique- stating that such tests were conducted
fied or dissolved under pressure. and the systems found in proper work-
(i) 2.1—Inflammable gases. ing order or, if not in proper order, a
(ii) 2.2—Nonflammable gases. detailed listing of discrepancies shall
(iii) 2.3—Poisonous gases. be included.
(3) Class 3—Inflammable liquids. (b) This log entry shall be available
(i) 3.1—Low flashpoint group for inspection by the boarding officer.
(flashpoint below ¥18 ° C or 0 ° F). Any deviations from the ‘‘proper work-
(ii) 3.2—Intermediate flashpoint ing order’’ condition shall be brought
group (flashpoint between ¥18 ° C (0 ° to the attention of the boarding officer.
F) and 23 ° C (73 ° F)).
(iii) 3.3—High flashpoint group (Approved by the Office of Management and
Budget under control number 3207–0001)
(flashpoint between 23 ° C (73 ° F) and
61 ° C (141 ° F)). [50 FR 19679, May 10, 1985, as amended at 54
(4) Class 4—Inflammable solids or FR 37327, Sept. 8, 1989]
substances.
(i) 4.1—Inflammable solids. § 113.5 Inspections.
(ii) 4.2—Substances liable to sponta-
neous combustion. The Canal Operations Captain or the
(iii) 4.3—Substances emitting inflam- Marine Safety Advisor or their des-
mable gases when wet. ignees may inspect vessels carrying
(5) Class 5—Oxidizing substances and dangerous cargoes to ensure that such
organic peroxides. vessels are in compliance with the re-
(i) 5.1—Oxidizing substances. quirements of this part.
(ii) 5.2—Organic peroxides.
[54 FR 37327, Sept. 8, 1989]
(6) Class 6—Poisonous and infectious
substances.
(i) 6.1—Poisonous substances. Subpart B—Vessels Carrying
(ii) 6.2—Infectious substances. Dangerous Cargoes in Bulk
(7) Class 7—Radioactive substances.
(8) Class 8—Corrosives. § 113.21 Application.
(9) Class 9—Miscellaneous dangerous This subpart applies to vessels carry-
substances. ing dangerous liquefied gases, liquids
This class includes any other substance and solids in bulk, or tankers in ballast
which experience has shown, or may condition which are not gas free. It
show, to be of such a dangerous char-
110
Panama Canal Regulations § 113.26
does not apply to vessels carrying com- in IMO publication number 520 77.14.E
bustible liquids in bulk as prescribed in ‘‘International Conference on Marine
§ 113.3(b), subpart A, of this part. Pollution, 1973.’’ The 1978 Protocol is
contained in IMO publication number
[54 FR 37327, Sept. 8, 1989]
088 78.09.E ‘‘International Conference
§ 113.22 Advance notice. on Tanker Safety and Pollution Pre-
vention, 1978.’’ The Bulk Chemical
Vessels subject to this subpart shall Code is in two parts: the Code for the
provide not less than 48 hours advance Construction and Equipment of Ships
notice to Canal authorities by radio of Carrying Dangerous Chemicals in Bulk,
the information required by the which is generally applicable to ships
‘‘GOLF’’ item in the prearrival radio built on or after April 12, 1972, and be-
message prescribed in § 123.4(a) of this fore July 1, 1986, and is contained in
subchapter. IMO publications 767 80.13.E and 770
(Approved by the Office of Management and 83.13.E. (For a complete set of the Code
Budget under control number 3207–0001). and its most recent amendments, both
of these publications must be con-
[54 FR 37327, Sept. 8, 1989] sulted.) The other part is the Inter-
national Code for the Construction and
§ 113.23 Anchoring requirements.
Equipment of Ships Carrying Dan-
(a) Vessels subject to this subpart gerous Chemicals in Bulk, which is
shall communicate with the signal sta- generally applicable to ships built on
tions at Flamenco Island or Christobal or after July 1, 1986, and is contained in
prior to arrival as required by § 101.1 of IMO publication number 100 83.11.E.
this title and await instructions before The Gas Carrier Codes are the Inter-
anchoring. national Code for the Construction and
(b) Such vessels will be instructed to Equipment of Ships Carrying Liquefied
anchor in one of the explosive anchor- Gases in Bulk, which is generally appli-
age areas as described in § 101.8(a) (2) cable to ships built on or after July 1,
and (3) and (c)(2) of this title. 1986, and which is contained in IMO
publication number 104 83.12.E, the
§ 113.24 Signals. Code for the Construction and Equip-
Vessels subject to this subpart shall ment of Ships Carrying Liquefied Gases
display the flags and lights described in in Bulk, which is generally applicable
§ 111.23(d) of this subchapter. to ships built on or after December 31,
1976, but before July 1, 1976, and which
§ 113.25 Vessel requirements. is contained in IMO publication num-
(a) Vessels subject to this subpart ber 782 83.16.E, and the Code for Exist-
shall comply with the following stand- ing Ships Carrying Liquefied Gases in
ards set forth in IMO Conventions and Bulk, which is generally applicable to
Codes, which are hereby incorporated ships delivered before December 31,
by reference: 1976, and which is contained in IMO
(1) All vessels subject to this subpart publication number 788 76.11.E. The
shall comply with MARPOL 73/78. Solid Bulk Code is the International
(2) Vessels carrying dangerous chemi- Code of Safe Practice for Solid Bulk
cals in bulk shall comply with the Bulk Cargoes, contained in IMO publication
Chemical Code. number 258 83.18.E. These publications
(3) Bulk liquefied gas carriers shall are for sale from the International
comply with the Gas Carrier Codes. Maritime Organization, Publications
(4) Solid bulk carriers shall comply Section, 4 Albert Embankment, Lon-
with the Solid Bulk Code. don, SE1 7SR, England.
(b) The standards incorporated by
reference in paragraph (a) of this sec- § 113.26 Transit requirements.
tion, are further described as follows: (a) To better ensure the safe passage
(1) MARPOL 73/78 is the Inter- of vessels subject to this subpart, oper-
national Convention for the Prevention ating restrictions beyond those appli-
of Pollution from Ships, 1973, as modi- cable to other vessels may be imposed
fied by the Protocol of 1978 relating by the Canal Operations Captain or his
thereto. The Convention is contained designee.
111
§ 113.27 35 CFR Ch. I (7–1–98 Edition)
(b) Such vessels shall have safety in Canal waters dangerous cargoes that
towing pendants ready at hand, fore are not listed on their Certificate of
and aft, prior to entering the locks. Fitness or Certificate of Compliance,
Such pendants shall be rigged over the unless 30 days advance notice is given
side when anchored or moored in Canal by the vessel and the Marine Safety
waters. Advisor or his designee approves the
[50 FR 19679, May 10, 1985, as amended at 54 carriage of such cargoes in Canal wa-
FR 37327, Sept. 8, 1989] ters.
(Approved by the Office of Management and
§ 113.27 Cargo requirements. Budget under control number 3207–0001)
(a) The loading, handling, inspection,
stowage, segregation, maintenance, [50 FR 19679, May 10, 1985, as amended at 54
and certification of dangerous bulk FR 37327, Sept. 8, 1989]
cargoes shall be in compliance with the
IMO standards and regulations which Subpart C—Vessels Carrying
are incorporated by reference in Dangerous Packaged Goods
§ 113.25.
(b) Any special requirements for car- § 113.41 Application.
rying chemicals or liquefied gases in
This subpart applies to vessels carry-
bulk as stated on a vessel’s Certificate
ing packaged dangerous goods.
of Fitness or Certificate of Compliance
shall be complied with. § 113.42 Advance notice.
§ 113.28 Documents. Vessels subject to this subpart shall
(a) Vessels subject to this subpart provide not less than 48 hours advance
shall have ready for delivery to the notice to Canal authorities by radio of
Canal boarding officer a loading plan, the information required in the
as described in § 101.10(e) of this sub- ‘‘HOTEL’’ item of the radio message
chapter. prescribed in § 123.4 of this subchapter,
(b) Such vessels shall have ready for except that vessels carrying explosives
examination, as prescribed by shall provide the information required
§ 101.10(a), the following certificates: in the ‘‘GOLF’’ item of the message.
(1) A valid MARPOL 73/78 Certificate (Approved by the Office of Management and
(same as International Oil Pollution Budget under control number 3207–0001)
Prevention Certificate).
(2) A valid SOLAS Certificate. [54 FR 37327, Sept. 8, 1989]
(3) A valid Certificate of Fitness or
Certificate of Compliance (required for § 113.43 Anchoring requirements.
bulk chemical and liquefied gas car- (a) Vessels subject to this subpart
riers only.) shall communicate with the signal sta-
(Approved by the Office of Management and tions at Flamenco Island or Cristobal
Budget under control number 3207–0001) prior to arrival as required in § 101.1 of
this subchapter and await instructions
§ 113.29 Prohibited cargoes. before anchoring.
(b) Such vessels will be instructed to
(a) Unstable or explosive substances
anchor in one of the designated anchor-
in bulk which are unduly sensitive or
age areas as described in § 101.8(a) or
so reactive as to be subject to sponta-
(c).
neous reaction are prohibited in Canal
waters. (c) Vessels carrying explosives or es-
(b) Bulk dangerous cargoes not listed pecially reactive or large amounts of
in the Bulk Chemical Code, Gas Carrier dangerous materials as determined by
Codes, or Solid Bulk Code are prohib- the Canal Operations Captain, or his
ited in Canal waters unless advance ap- designee, may be instructed to anchor
proval is given by the Marine Safety in one of the explosive anchorage areas
Advisor or his designee to carry such described in § 101.8(a) (2), (3) and (c)(2)
cargoes. of this subchapter.
(c) Bulk chemical and liquefied gas [50 FR 19679, May 10, 1985, as amended at 54
carriers are prohibited from carrying FR 37327, Sept. 8, 1989]
112
Panama Canal Regulations § 113.50
113
Pt. 115 35 CFR Ch. I (7–1–98 Edition)
114