§ 125.49 Action by Commandant after appeal.

(a) If, upon receipt of the Appeal Board's recommendation, the Commandant is satisfied that the character and habits of life of the applicant or holder are such as to warrant the belief that his presence on waterfront facilities, and port and harbor areas, including vessels and harbor craft therein, would not be inimical to the security of the United States, he shall, in the case of an applicant, direct that a Coast Guard Port Security Card be issued to the applicant, or in the case of a holder, notify him accordingly.

(b) If, upon receipt of the Appeal Board's recommendation, the Commandant is not satisfied that the character and habits of life of the applicant or holder are such as to warrant the belief that his presence on waterfront facilities, and port and harbor areas, including vessels and harbor craft therein, would not be inimical to the security of the United States, the Commandant shall notify the applicant or holder that his appeal is denied.

§ 125.51 Replacement of lost Coast Guard Port Security Card.

(a) Any person whose Coast Guard Port Security Card has been stolen, lost, or destroyed shall report that fact to a Coast Guard Port Security Unit or Captain of the Port as soon thereafter as possible.

(b) A person who has lost a Coast Guard Port Security Card may apply for a replacement card by submitting "An Application for Replacement of Lost Port Security Card" (Form CG 2685A) to a Coast Guard Port Security Unit. A replacement will be issued only after a full explanation of the loss of the Coast Guard Port Security Card is made in writing to the Coast Guard and after a full check is made and authorization is granted by the

Commandant.

(c) Any person to whom a Coast Guard Port Security Card has been issued as a replacement for a lost card, shall immediately surrender the original card to the nearest Coast Guard Port Security Unit or Captain of the Port if the original card should be recovered.

§ 125.53 Requirements for credentials; certain vessels operating on navigable waters of the United States (including the Great Lakes and Western Rivers). (a) Every person desiring access to vessels, except public vessels, falling within any of the categories listed below, as a master, person in charge, or member of the crew thereof, shall be required to be in possession of one of the identification credentials listed in § 125.09.

(1) Towing vessels, barges, and lighters operating in the navigable waters of the continental United States other than the Great Lakes and Western Rivers.

(2) Harbor craft, such as water taxis, junk boats, garbage disposal boats, bum boats, supply boats, repair boats, and ship cleaning boats, which in the course of their normal operations service or contact vessels, foreign or domestic, public or merchant, in the navigable waters of the continental United States other than the Great Lakes and Western Rivers.

(b) The term "master, person in charge, or member of the crew" shall be deemed to include any person who serves on board in any capacity concerned with the operation, maintenance, or administration of the vessel or its cargo.

(c) Where the Coast Guard Port Security Card (Form CG 2514) is to be used as the identification required by paragraph (a) of this section, application for such card may be made immediately by the persons concerned. The issuance of the Coast Guard Port Security Card shall be in the form and manner prescribed by § 125.11.

(d) At the discretion of the District Commander any person desiring access to vessels of the categories named in this section, who may be required by the provisions hereof to possess identification credentials, may be furnished a letter signed by the District Commander or the Captain of the Port and this letter shall serve in lieu of a Coast Guard Port Security Card and will authorize such access for a period not to exceed 60 days, and such a letter issued shall be deemed to be satisfactory identification within the meaning of § 125.09. The issuance of the letter shall be subject to the following conditions:

(1) The services of the person are necessary to avoid delay in the operation of the vessel;

(2) The person does not possess one of the identification credentials listed in § 125.09.

(3) The person has filed his application for a Coast Guard Port Security Card or submits his application before the letter is issued; and,

(4) The person has been screened by the District Commander or Captain of the Port and such officer is satisfied concerning the eligibility of the applicant to receive a temporary letter.

[CGFR 56-15, 21 FR 2940, May 3, 1956, as amended by CGFR 58-51, 21 FR 9339, Nov. 30, 1956]

§ 125.55 Outstanding Port Security Card Applications.

A person who has filed an application for a Coast Guard Port Security Card and who did not receive such a document prior to May 1, 1956, shall submit a new application in accord

ance with the requirements of this part.

[CGFR 61-54, 26 FR 11862, Dec. 12, 1961]

§ 125.57 Applications previously denied.

A person who has been denied a Coast Guard Port Security Card before May 1, 1956, may file a new application for such a document in accordance with the requirements of this part.

PART 126-HANDLING OF EXPLOSIVES OR OTHER DANGEROUS CARGOES WITHIN OR CONTIGUOUS TO WATERFRONT FACILITIES

Sec.

126.01 General definitions.
126.05 Designated waterfront facility.
126.07 Dangerous cargo.

126.09 Designated dangerous cargo.
126.10 Cargo of particular hazard.
126.11 Waiver authority based on local or
unusual conditions.

126.13

Designation of waterfront facilities. 126.15 Conditions for designation as desig nated waterfront facility.

126.16 Conditions for designating a “facility of particular hazard."

126.17 Permits required for handling desig. nated dangerous cargo.

126.19 Issuance of permits for handling designated dangerous cargo.

126.21 Permitted transactions. 126.23 Termination or suspension of permits.

126.25 Penalties for handling designated dangerous cargo without permit. 126.27 General permit for handling dangerous cargo.

126.28 Ammonium nitrate, ammonium ni

trate fertilizers, fertilizer mixtures, or nitro carbo nitrate; general provisions. 126.29 Supervision and control of dangerous cargo.

126.31 Termination or suspension of general permit.

126.33 Penalties for handling dangerous cargo without permit. 126.35 Primary responsibility. 126.37 Separability.

AUTHORITY: 92 Stat. 1475 (Ports and Waterways Safety Act, as amended, 33 U.S.C. 1225); 49 CFR 1.46(n)(4), unless otherwise noted.

"Captain of the Port (COTP)" means the officer of the Coast Guard, under the command of a District Commander, so designated by the Commandant for the purpose of giving immediate direction to Coast Guard law enforcement activities within an assigned area.

"District Commander" means the officer of the Coast Guard designated by the Commandant to command a Coast Guard District.

"Net tons" means the net weight of a materials in tons.

"Net weight" means a measure of weight referring only to the contents of a package, tank or container and does not include the weight of any packaging material, or containing devices.

"Waterfront facility" means all piers, wharves, docks, and similar structures to which a vessel may be secured; areas of land, water, or land and water under and in immediate proximity to them; buildings on such structures or contiguous to them and equipment and materials on such structures or in such buildings. This term does not include facilities directly operated by the Department of Defense.

[CGD 78-023, 44 FR 4642, Jan. 22, 1979]

§ 126.05 Designated waterfront facility.

(a) Designated waterfront facility. The term "designated waterfront facility" means a waterfront facility designated by § 126.13 for the handling and storage of, and for vessel loading and discharging of: any flammable or combustible liquid in bulk (46 CFR Parts 30-38); any hazardous material subject to the Dangerous Cargoes Regulations in 46 CFR Parts 146 and 148; and any hazardous material subject to the Hazardous Materials Regulations (49 CFR Parts 170-179), except for those materials preceded by an “A” in the Hazardous Materials Table, 49 1 CFR Part 172.101.

(b) "Facility of particular harzard" means a designated waterfront facility that is authorized to handle a cargo of particular hazard, as defined in § 126.10.

(Sec. 2, 92 Stat. 1471 (33 U.S.C. 1221); 49 CFR 1.46(n)(4))

The term "dangerous cargo" means all explosives and other hazardous materials or cargo covered by

(a) Dangerous Cargoes, 46 CFR Parts 146 and 148;

(b) Tank Vessels, 46 CFR Parts 3038; or

(c) Hazardous Materials, 49 CFR Parts 170-179, except for those materials preceded by an "A" in the hazardous Materials Table, 49 CFR 172.101. [CGD 78-023, 44 FR 4643, Jan. 22, 1979] § 126.09 Designated dangerous cargo.

The term "designated dangerous cargo" means Explosives (commercial or military), Class A, as classified in 46 CFR Part 146 and 49 CFR Part 172. [CGD 78-023, 44 FR 4643, Jan. 22, 1979] § 126.10 Cargo of particular hazard.

"Cargo of particular hazard" means any of the following:

(a) Class A explosive as defined in 46 CFR 146.10-7 and 49 CFR 173.53.

(b) Oxidizing material or blasting agent for which a permit is required under 49 CFR 176.415.

(c) Large quantity radioactive material, as defined in 49 CFR 173.389(b), or Fissile Class III shipments of fissile radioactive material, as defined in 49 CFR 173.389(a)(3).

(d) The following cargoes when carried in bulk:

Acetaldehyde

Acetone Cyanohydrin Acrylonitrile

Allyl Chloride

Ammonia, anhydrous Butadiene

Butane Butene

Butylene Oxide
Carbon Disulfide
Chlorine

Chlorosulfonic Acid

Dimethylamine

Epichlorohydrin

Ethane
Ethylene

Ethylene Oxide
Ethyl Ether

80-110 0-81--40

Methane

Methyl Acetylene, Propadiene Mixture, Stabilized

Methyl Bromide

Methyl Chloride

Motor Fuel Antiknock Compounds Containing Lead Alkyls

Oleum

Phosphorous, Elemental

Propane

Propylene

Propylene Oxide

Sulfur Dioxide

Toluene Diisocyanate Vinyl Chloride

Vinyl Ethyl Ether

(Sec. 2, 92 Stat. 1471 (33 U.S.C. 1221); 49 CFR 1.46(n)4)

[CGD 75-238, 45 FR 57394, Aug. 28, 1980]

§ 126.11 Waiver authority based on local or unusual conditions.

Whenever the Commandant, the District Commander, or the Captain of the Port finds that the application of any provisions contained in §§ 126.15 and 126.16 is not necessary to the safety or security of the port and vessels and waterfront facilities therein, or that its application is not practical because of local conditions or because the materials or personnel required for compliance are not available, or because the requirements of the national defense justify a departure from such provision, the Commandant, the District Commander, or the Captain of the Port may waive compliance with such provision, to the extent and under such requirements as they determine.

[CGD 78-023, 44 FR 4643, Jan. 22, 1979]

§ 126.13 Designation of waterfront facilities.

(a) Waterfront facilities which fulfill the conditions required in § 126.15, unless waived under provisions of § 126.11, and only such waterfront facilities are designated for the handling, storing, stowing, loading, discharging, or transporting of dangerous cargo, subject to compliance with other applicable requirements and provisions set forth in this part.

(b) Handling, storing, stowing, loading, discharging, or transporting dangerous cargo at any waterfront facility other than one designated by this section in hereby prohibited, and viola

tion of this prohibition will subject the violator to the civil or criminal penalties provided in Section 13 of the Ports and Waterways Safety Act (33 U.S.C. 1232).

[CGFR 57-52, 22 FR 10302, Dec. 20, 1957, as amended by CGD 78-023, 44 FR 4643, Jan. 22, 1979]

§ 126.15 Conditions for designation as designated waterfront facility.

The conditions referred to in § 126.13 for designation of a waterfront facility for the purpose of handling, storing. stowing, loading, discharging, or transporting of dangerous cargo shall be as follows:

(a) Guards. That guards are provided by the owner or operator of the waterfront facility for the protection thereof in such numbers and of such qualifications as to assure adequate surveillance, prevent unlawful entrance, detect fire hazards, and check the readiness of protective equipment. (b) Smoking. That smoking is prohibited on the waterfront facility except at such portions thereof as may be designated by the owner or operator thereof: Provided, That smoking in such areas shall only be permitted in accordance with local ordinances and regulations and that signs are conspicuously posted marking such authorized smoking areas and that "No Smoking" signs are conspicuously posted elsewhere on the waterfront facility.

(c) Welding or hot work. Oxyacetylene or similar welding or burning or other hot work including electric welding or the operation of equipment is prohibited on waterfront facilities or on vessels moored thereto, during the handling, storing, stowing, loading, discharging, or transporting of explosives. Such work may not be conducted on waterfront facilities or vessels moored thereto while either the facility or vessel is handling, storing, stowing, loading, discharging, or transporting dangerous cargo without the specific approval of the Captain of the Port.

(d) Trucks and other motor vehicles. That trucks and other motor vehicles are not permitted to remain or park

upon the waterfront facility except under the following conditions:

(1) When actually awaiting opportunity to load or discharge cargo, ship supplies, or passengers and is attended by a driver.

(2) When loading or discharging tools, equipment or materials incident to maintenance, repair, or alterations and is attended by a driver.

(3) When the vehicle is headed toward an unimpeded exit and is attended by a driver.

(4) When a vehicle is handled and stored as an item of cargo.

(5) When parking areas are designated and permitted in accordance with local ordinances and regulations and provided no fire lanes are blocked nor exits impeded by their presence, passenger vehicles may be parked in such portions of the waterfront facility as may be designated and marked off by the owner or operator.

(e) Pier automotive equipment. That tractors, stackers, lift trucks, hoisters and other equipment driven by internal combustion engines used on the waterfront facility are of such construction and condition and free from excess grease, oil, or lint as not to constitute a fire hazard; that each unit of such equipment is provided with an approved type fire extinguisher attached, except where waterfront facilities are provided with fire extinguishers approved by the Captain of the Port, as being adequate in numbers, type and location for additional protection of pier automotive equipment; that, when not in use, such equipment is stored in a safe manner and location; that gasoline or other fuel used for such equipment is stored and handled in accordance with accepted safe practices and is not stored on the waterfront facility, except in conformity with paragraph (g) of this section; and that refueling of such equipment or any vehicle is prohibited on any pier or wharf within the waterfront facility.

(f) Rubbish and waste materials. That the waterfront facility is free from rubbish, debris, and waste materials. Burning rubbish in an open fire on a waterfront facility is prohibited.

(g) Maintenance stores and supplies. That supplies classified as dangerous

by the provisions of the Hazardous Materials Regulations (49 CFR 170179) except those materials preceded by an "A" in the Hazardous Materials Table, 49 CFR 172.101, to be used in connection with operation or maintenance of the property or facility, are not stored on any pier or wharf within the waterfront facility and are not stored elsewhere on the waterfront facility except in amounts necessary for normal current operating conditions; that these supplies are stored in a compartment remote from combustible material, constructed so as to be readily accessible and provide safe storage; that storage compartments are kept clean and maintained free of scrap materials, empty containers, soiled wiping rags, waste, and other debris; that covered metal containers are provided for disposal of used wiping cloths and are emptied at the end of each working day; and that clothing lockers are maintained clean and orderly and properly ventilated.

(h) Electric wiring. That new installations of electric wiring and equipment are made in accordance with accepted safe practices (conformity with the requirements of the National Electric Code (current edition) and the requirements of applicable local regulations shall be deemed evidence of compliance with such accepted safe practices); that materials, fittings, and devices are of type and character approved for the intended use by Underwriters Laboratories, Inc., Associated Factory Mutual Laboratories, United States National Bureau Standards; that existing electric wiring is maintained in a safe condition, free of defects or modifications which may cause fire or personal injury; that defective or dangerous wiring, equipment, and devices are permanently disconnected from sources of energy.

or

of

(i) Heating equipment and open fires. That heating equipment is safely installed and maintained in good operating condition; that adequate clearances to prevent undue heating of nearby combustible materials are maintained between heating appliances, chimneys, stove pipes, gas vents, or other heat producing elements, and any combustible materials of the floor, walls, partitions or roofs;