122.10 Atomic attack instructions for merchant vessels in port.

AUTHORITY: The provisions of this Part 122 issued under sec. 1, 40 Stat. 220, as amended; 50 U.8.C. 191, E.O. 10173, 15 F.R. 7005, 3 CFR, 1950 Supp., E.O. 10277, 16 F.R. 7537, 3 CFR, 1951 Supp., E.O. 10352, 17 F.R. 4607, 3 CFR, 1952 Supp.

SOURCE: The provisions of this Part 122 contained in CGFR 52-11, 17 F.R. 2183, Mar. 13, 1952, unless otherwise noted.

122.01 General. The regulations in this part require additional safety precautions for vessels in accordance with Section 6.14-1 of this chapter.

122.10 Atomic attack instructions for merchant vessels in port. A placard (Form CG 8256) containing atomic attack instructions for merchant vessels in port has been prepared for the information and assistance of persons on board merchant vessels. When given to the master of a vessel by the Coast Guard, the placards (Form CG 8256) shall be posted in conspicuous places in the pilothouse, engineroom, and in the seamen's, firemen's, and steward's departments of the vessel.

(11)

Sec.

124.01 General.

124.10 Advance notice of vessel's time of arrival to Captain of the Port.

124.14 Advance notice of arrival of vessel laden with explosives or certain specified dangerous cargoes. 124.16 Advance notice of fire or other abnormal condition on arriving vessel.

124.20 Penalties for violations.

AUTHORITY: The provisions of this Part 124 issued under sec. 1, 40 Stat. 220, as amended, sec. 6(b)(1), 80 Stat. 938; 50 U.S.C. 191, 49 U.S.C. 1655(b); E.O. 10173, 15 F.R. 7005, 3 CFR, 1950 Supp., E.O. 10277, 16 F.R. 7537, 3 CFR, 1951 Supp., E.O. 10352, 17 F.R. 4607, 3 CFR, 1952 Supp. Department of Transportation Order 1100.1, Mar. 31, 1967, 49 CFR 1.4 (a), (2), 32 F.R. 5606.

124.01 General. The regulations in this part implement the general enforcement provisions in Executive Order 10173, as amended, and designated Sections 6.04-1 to 6.04-11 of this chapter.

124.10 Advance notice of vessel's time of arrival to Captain of the Port. (a) The master or agents of every registered vessel of the United States, and every foreign vessel arriving at a United States port or place from a port or place outside the United States, or any such vessel destined from one port or place in the United States to another port or place in the United States, shall give at least 24 hours' advance notice of arrival to the Captain of the Port at every port or place where the vessel is to arrive, except as follows:

(1) Registered United States pleasure vessels and registered United States fishing vessels are not required to submit advance notice of arrival report.

(2) When the port of arrival is not located within the geographical area assigned to a particular Captain of the Port, this advance notice of time of arrival shall be made to the Commander of the Coast Guard District in which such port or place is located.

(3) When the arrival is a direct result of the operation of "force majeure," and it is not possible to give at least 24 hours' advance notice of time of arrival, then advance notice as early as practicable shall be furnished.

(4) When the vessel, while in United States waters, does not navigate any portion of the high sea, i.e., does not navigate beyond the low water mark along the coasts or beyond the waters contained within the headlands of the United States.

(5) When a vessel is engaged upon a scheduled route if a copy of the schedule is filed with the Captain of the Port for each port of call named in the schedule and the times of arrival at each such port are adhered to.

(6) When the master of a merchant vessel (except on a coastwise voyage of 24 hours or less) reports in accordance with the U.S. Coast Guard's voluntary Automated Merchant Vessel Report (AMVER) System, he shall be considered to be in constructive compliance with the requirements of paragraph (a) of this section and no additional advance notice of vessel's arrival reports to the Captain of the Port is required. The master or agent of a vessel on coastwise voyages of 24 hours or less shall report the advance notice of vessel's arrival to the Captain of the Port at next port of call prior to or upon departure from port.

(7) For that vessel.which is engaged in operations in and out of the same port to sea and return without entering any other port, or on coastwise voyages between ports in the same Coast Guard District, or on voyages between ports in the First, Ninth, Thirteenth, or Seventeenth Coast Guard Districts and adjacent Canadian ports, or between ports of the Commonwealth of Puerto Rico and ports in the Lesser Antilles, or between ports in the Lesser Antilles, or between ports on the east coast of Florida and the Bahama Islands, the Coast Guard District Commander having jurisdiction may, when no reason exists which renders such action prejudicial to the rights and interests of the United States, prescribe conditions under which such vessels may be considered by the Captains of the Port as being in constructive compliance with the requirements of this section.

(8) A westbound vessel which is to proceed to or through United States waters of the St. Lawrence River and/or the Great Lakes shall be subject to compliance with paragraph (b) of this section.

(b) The master or agent of every vessel other than vessels of United States or Canadian nationality engaged in the coastal trade of their respective countries or in trade between their two countries without calling at any other country en route, when proceeding westbound to United States waters of the St. Lawrence River and/or the Great Lakes shall:

(1) At least 24 hours in advance of the vessel's arrival at the Snell Lock, Massena, New York, advise the Commander, Ninth Coast Guard District, Cleveland, Ohio, of estimated time of arrival of such vessel at the Snell Lock.

(2) In addition, at least 24 hours in advance of the vessel's arrival at the first United States portof-call, advise the Commander, Ninth Coast Guard District, Cleveland, Ohio, of the estimated time of arrival at that port.

(3) (Reserved)

(4) A master of a vessel who reports in accordance with the U.S. Coast Guard's voluntary Automated Merchant Vessel Report (AMVER) System and who includes in this report an estimated time of arrival at the Snell Lock, Massena, New York, shall be considered to be in constructive compliance with the requirements of subparagraph (1) of this paragraph and no additional advance notice of vessel's arrival at the Snell Lock is required. Likewise a master of such vessel who indicates in this report the name of the first intended United States port of call and estimated time of arrival at that port shall be considered in constructive compliance with subparagraph (2) of this paragraph and no additional advance notice of arrival is required.

NOTE: For the information of those affected by requirements in 33 CFR Part 124 to file advance notice of time of arrival with the local Captain of the Port or the Coast Guard District Commander, the addresses and descriptions of Coast Guard Districts. as well as Captain of the Port Offices and port areas are included in the appendix. (See pages 46 through 56.)

(5) A master or agent of a vessel who files a copy of the scheduled route with the Commander, Ninth Coast Guard District, Cleveland, Ohio, at least 24 hours prior to arrival at Snell Lock, and who includes in the schedule the estimated time of arrival at the Snell Lock, Massena, N.Y., shall be considered to be in constructive compliance with requirements of subparagraph (1) of this paragraph and no additional advance notice of the vessel's arrival at the Snell Lock is required. Likewise, a master or agent of such vessel who indicates in this schedule the name of the first intended United States port of call and estimated time of arrival at that port shall be considered in constructive compliance with subparagraph (2) of this paragraph and no additional advance notice of arrival is required.

(6) When the arrival is a direct result of the operation of "force majeure," and it is not possible to give at least 24 hours advance notice of time of arrival, then advance notice as early as practicable shall be furnished.

(CGFR 61-5, 26 F.R. 2313, Mar. 18, 1961. as amended by CGFR 62-24, 27 F.R. 7823, Aug. 8, 1962; CGFR 63-26, 28 F.R. 5297, May 29, 1963; CGFR 63-60, 28 F.R. 10819. Oct. 9, 1963; CGFR 65-25, 30 F.R. 7134, June 3, 1965; CGFR 66-32, 31 F.R. 10324, July 30, 1966)

124.14 Advance notice of arrival of vessel laden with explosives or certain specified dangerous cargoes. (a) The master, agent, or person in charge of any domestic or foreign vessel which is bound for a port or place in the United States and which is carrying as cargo any of the dangerous cargoes described in this paragraph, whether for discharge in the United States or not, shall at least 24 hours in advance of arrival at each port or place, notify the Captain of the Port or the Commander of the Coast Guard District in which such port or place is located concerning the amount and

location of stowage on board the vessel of any of the following:

(1) Explosives, class A (commercial or military).

(2) Oxidizing materials for which a special permit for water transportation is required by 46 CFR 146.22.

(3) Radioactive materials for which a special approval by the Commandant for water transportation is required by 46 CFR 146.25-30.

(4) Any dangerous cargo considered to involve a particular hazard, when transported or handled in bulk quantities, as further described in paragraph (b) of this section.

(b) (1) A dangerous cargo considered to involve a particular hazard, when transported in bulk quantities on board vessels, or when handled in bulk quantities on waterfront facilities, is any commodity which by virtue of its properties would create an unusual hazard if released. The commodities subject to this section are:

(2) Each commodity listed in subparagraph (1) of this paragraph is considered to possess one or more of the following properties:

(i) Is highly reactive or unstable; or (ii) Has severe or unusual fire hazards; or (iii) Has severe toxic properties; or (iv) Requires refrigeration for its safe containment; or

(v) Can cause brittle fracture of normal ship structural materials or ashore containment materials by reason of its being carried at low temperatures, or because of its low boiling point at atmospheric pressure (unless uncontrolled release of the cargo is not a major hazard to life).

(c) For U.S. vessels, this section is applicable to such vessels on international voyages, coast wise voyages, or Great Lakes voyages. For foreign vessels this section is applicable to such vessels when bound to a port or place in the United States, or a port or place under the jurisdiction of the United States.

(d) When the arrival is a direct result of "force majeure" and it is not possible to give at least 24 hours advance notice, then advance notice as early as possible will be given.

(CGFR 67-98, 32 F.R. 20774, Dec. 23, 1967)

124.16 Advance notice of fire or other abnormal condition on arriving vessel. (a) The master, agent, or person in charge of any domestic or foreign vessel which is bound for a port or place in the United States shall give notice to the Captain of the Port or the Commander of the Coast Guard District in which such port or place is located as early as possible in advance of arrival of any fire or other abnormal condition which may jeopardize

the vessel's safety or that of other vessels or facilities in port.

(CGFR 04-17, 20 F.R. 5277, Apr. 17, 1964)

Failure to

124.20 Penalties for violations. give advance notice will subject the master or agents of a vessel to the penalties of fine and imprisonment, as well as subject the vessel to seizure and forfeiture, as provided in section 2, Title II of the Act of June 15, 1917, as amended, 50 U.S.C. 192. In addition, such failure may result in delay in the movement of the vessel from the harbor entrance to her facility destination within the particular port.

(CGFR 60–15, 25 F.R. 2666, Mar. 30, 1960)