Title 49: Transportation
Subtitle B: Other Regulations Relating to Transportation
CHAPTER I: PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
SUBCHAPTER C: HAZARDOUS MATERIALS REGULATIONS
PART 176: CARRIAGE BY VESSEL
Subpart C: General Handling and Stowage
176.63 - Stowage locations.
(a) The table in ? 172.101 of this subchapter specifies generally the locations authorized for stowage of the various hazardous materials on board vessels. This part prescribes additional requirements with respect to the stowage of specific hazardous materials in addition to those authorized in ? 172.101 of this subchapter. This section sets forth the basic physical requirements for the authorized locations.
(b) To qualify as ?on deck? stowage, the location must be on the weather deck. If it is in a house on the weather deck, it must have a permanent structural opening to the atmosphere, such as a door, hatch, companionway or manhole, and must be vented to the atmosphere. It may not have any structural opening to any living quarters, cargo, or other compartment unless the opening has means for being closed off and secured. Any deck house containing living quarters, a steering engine, a refrigerating unit, a refrigerated stowage box, or a heating unit may not be used unless that area is isolated from the cargo stowage area by a permanent, and tight metallic bulkhead. Stowage in a shelter or 'tween deck is not considered to be ?on deck?. A barge which is vented to the atmosphere and is stowed on deck on a barge-carrying ship is considered to be ?on deck?. When an entry in ? 172.101 of this subchapter requires ?on-deck? stowage and is qualified by the requirement ?shade from radiant heat?, the stowage must be protected from the direct rays of the sun by means of structural erections or awnings except that such protection is not required for shipment in portable tanks.
(c) To qualify as ?under deck? stowage, the location must be in a hold or compartment below the weather deck capable of being ventilated and allotted entirely to the carriage of cargo. It must be bounded by permanent steel decks and bulkheads or the shell of the vessel. The deck openings must have means for effectively closing the hold or compartment against the weather, and in the case of superimposed holds, for effectively closing off each hold. A hold or compartment containing a crew passage formed by battens or by mesh or wire screen bulkhead may not be used for the stowage of any hazardous material unless a watchman is provided for this area.
(d) To qualify as ?under deck away from heat?, the location must be under deck and have built-in means for ventilation. If it is subject to heat from any artificial source, it only qualifies for the stowage of those hazardous materials for which ?under deck? stowage is authorized.
(e) Closed cargo transport unit, for the purpose of stowage of Class 1 (explosive) materials on board a vessel, means a unit which fully encloses the contents by permanent structures and can be secured to the ship's structure, and includes a magazine. Cargo transport units with fabric sides or tops are not closed cargo transport units. Where this stowage is specified, stowage in small compartments such as deck-houses and mast lockers are acceptable alternatives. The floor of any closed cargo transport unit or compartment shall either be constructed of wood, close-boarded or so arranged that goods are stowed on sparred gratings, wooden pallets or dunnage. Provided that the necessary additional specifications are met, a closed cargo transport unit may be used for type ?A? or ?C? class 1 stowage or as a magazine.?
(f) Stowage of containers on board hatchless container ships. (1) Containers holding a hazardous material may be stowed in or vertically above a hatchless container hold if the following conditions are met:
(1) All hazardous materials are permitted for under deck stowage as specified in the Table in ? 172.101 of this subchapter; and
(2) The hatchless container hold is in full compliance with the provisions of IMO's ?International Convention for the Safety of Life at Sea (SOLAS),? Regulation II-2/19 of SOLAS 1974, as amended (incorporation by reference; see ? 171.7 of this subchapter), applicable to enclosed container cargo spaces, as appropriate for the cargo transported.
[Amdt. 176-1, 41 FR 16110, Apr. 15, 1976, as amended by Amdt. 176-1A, 41 FR 40687, Sept. 20, 1976; Amdt. 176-1B, 41 FR 57072, Dec. 30, 1976; Amdt. 176-12, 45 FR 81572, Dec. 11, 1980; 66 FR 33438, June 21, 2001; 66 FR 45184, Aug. 28, 2001; 68 FR 45038, July 31, 2003; 69 FR 76180, Dec. 20, 2004]