are moved on or across a waterfront facility used primarily for the transfer of railroad cars or highway vehicles to or from a railroad or highway vehicle ferry or carfloat; provided such designated cargoes are not removed from, or placed in, the railroad car or highway vehicle while it is in or on such waterfront facility.

[CGFR 58-43, 23 F. R. 8542, Nov. 1, 1958] § 126.19 Issuance of permits for handling designated dangerous cargo.

(a) Upon the application of the owners or operators of a designated waterfront facility or of their authorized representatives, the Captain of the Port is authorized to issue a permit for each transaction of handling, loading, discharging, or transporting designated dangerous cargo at such waterfront facility provided the following requirements are met:

(1) The facility shall comply in all respects with the regulations in this subchapter.

(2) The quantity of designated dangerous cargo, except military explosives shipped by or for the Armed Forces of the United States, on the waterfront facility and vessels moored thereto shall not exceed the limits as to maximum quantity, isolation and remoteness established by local, municipal, territorial, or State authorities. Each permit issued under these conditions shall specify that the limits so established shall not be exceeded.

(3) The quantity of designated dangerous cargo consisting of military explosives shipped by or for the Armed Forces of the United States on the waterfront facility and vessels moored thereto shall not exceed the limits as to maximum quantity, isolation and remoteness as established by the Captain of the Port. Each permit issued under these conditions shall specify that the limits so established shall not be exceeded.

[CGFR 53-27, 18 F. R. 5348, Sept. 8, 1953] § 126.21 Permitted transactions.

All permits issued pursuant to § 126.19 are hereby conditioned upon the observance and fulfillment of the following:

(a) The conditions set forth in § 126.15 shall at all times be strictly observed.

(b) No amount of designated dangerous cargo, except military explosives shipped by or for the Armed Forces of the United States, in excess of the max

imum quantity established by local, municipal, territorial, or State authorities shall be present on the waterfront facility and vessels moored thereto.

(c) Designated dangerous cargo shall not be brought onto the waterfront facility from shore except when laden within a railroad car or highway vehicle and shall remain in such railroad car or highway vehicle except when removed as an incident of its prompt transshipment. Designated dangerous cargo shall not be brought onto the waterfront facility from a vessel except as an incident of its prompt transshipment by railroad car or highway vehicle.

(d) No other dangerous cargo shall be on the waterfront facility during the period of transactions involving designated dangerous cargo, unless its presence is authorized by the Captain of the Port. This shall not apply to maintenance stores and supplies on the waterfront facility in conformity with § 126.15 (g).

[CGFR 53-27, 18 F. R. 5348, Sept. 8, 1953] § 126.23 Termination or suspension of

permits.

Any permit issued pursuant to § 126.19 shall terminate automatically at the conclusion of the transaction for which the permit has been issued and may be terminated, or suspended, prior thereto by the Captain of the Port 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 by the Captain of the Port shall be given to the permittee in writing.

[CGFR 51-37, 16 F.R. 8679, Aug. 28, 1951] § 126.25 Penalties for handling designated dangerous cargo without permit.

Handling, loading, discharging, or transporting any designated dangerous cargo without a permit, as provided under § 126.17, being 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. [CGFR 53-57, 18 F. R. 5348, Sept. 3, 1953] § 126.27 General permit for handling dangerous articles or substances in bulk or portable tanks.

A general permit is hereby issued for the handling, storing, stowing, loading, discharging or transporting of dangerous articles and substances (other than des

ignated dangerous cargo) in bulk or portable tanks at designated waterfront facilities, conditioned upon the observance and fulfillment of the following:

(a) The conditions set forth in § 126.15 shall at all times be strictly observed.

(b) The following classes of dangerous articles and substances as classified in the regulations entitled "Explosives or Other Dangerous Articles on Board Vessels" (46 CFR Part 146), in the amounts specified, shall not be handled, stored, stowed, loaded, discharged, or transported, except when contained within railroad or highway vehicles being transported across or on waterfront facilities used primarily for the transfer of railroad or highway vehicles to or from a railroad car ferry or highway vehicle ferry, or carfloats, without prior notification to the Captain of the Port:

(1) Explosives, Class B, in excess of 1 net ton at any one time.

(2) Explosives, Class C, in excess of 10 net tons at any one time.

(3) Inflammable liquids in excess of 10 net tons at any one time.

(4) Inflammable solids or oxidizing materials, in excess of 100 net tons at any one time.

(5) Inflammable compressed gases, in excess of 10 net tons at any one time.

(5) Poisons, (Class A, or radioactive materials, Class D, for which special approval for water transportation is required by the Commandant in 46 CFR 146.25-30. Storage of all Class D radioactive materials shall be so arranged as to preclude a gamma radiation in excess of 200 milliroentgens per hour or physical equivalent at any readily accessible surface.

(7) Bulk shipments of dangerous cargo considered to involvę a particular hazard. A specific list of such commodities which by virtue of their properties would create unusual hazard if released, is found in § 124.14(b) (1) of this chapter.

(c) Explosives or other dangerous articles prohibited from or not permitted transportation by 46 CFR Part 146 shall not be present on the waterfront facility.

(d) Inflammable liquids and compressed gases shall be so handled and stored as to provide maximum separation between articles consisting of acids, corrosive liquids, or combustible materials. Storage for inflammable solids or oxidizing materials shall be so arranged as to prevent moisture coming in contact therewith.

(e) Acids and corrosive liquids shall be so handled and stored as to prevent such acids and liquids, in event of leakage, from contacting any organic materials.

(f) Poisonous gases, poisonous liquids, and poisonous solids shall be so handled and stored as to prevent their contact with acids, corrosive liquids, inflammable liquids or inflammable solids.

(g) Dangerous articles and substances which may be stored on the waterfront facility shall be arranged in such manner as to retard the spread of fire. This may be accomplished by interspersing piles of dangerous articles with piles of inert or less combustible materials.

(h) All dangerous articles and substances stored on the waterfront facility shall be packaged, marked, and labeled in accordance with 46 CFR Part 146. (R.S. 4472, as amended; 46 U.S.C. 170) [CGFR 58-43, 23 F.R. 8542, Nov. 1, 1958, as amended by CGFR 69-89, 34 F.R. 17478, Oct. 29, 1969] § 126.28 Ammonium nitrate, ammonium nitrate fertilizers, fertilizer mixtures, or nitro carbo nitrate; general provisions.

(a) When any item of ammonium nitrate, ammonium nitrate fertilizers, fertilizer mixtures, or nitro carbo nitrate, described and defined as an oxidizing material by the regulations of 46 CFR 146.22, is handled, stored, stowed, loaded, discharged or transported on a waterfront facility, the following provisions shall apply:

(1) All outside containers shall be marked with the proper shipping name of the nitrate packed within the container.

(2) The building on a waterfront facility used for storage of any of these materials shall be of such construction as to afford good ventilation.

(3) Storage of any of these materials shall be at a safe distance from electric wiring, steam pipes, radiators or any heating mechanism.

(4) These materials shall be separated by a fire resistant wall or by a distance of at least 30 feet from organic materials or other chemicals and substances which could cause contamination such as flammable liquids, combustible liquids, corrosive liquids, chlorates, permanganates, finely divided metals, caustic soda, charcoal, sulfur, cotton, coal, fats, fish oils or vegetable oils.

(5) Storage of any of these materials shall be in a clean area upon clean wood

dunnage, or on pallets over a clean floor. In the case of a concrete floor, storage may be made directly on the floor if it is first covered with a moisture barrier such as a polyethylene sheet or asphaltic laminated paper.

(6) Any spilled material shall be promptly and thoroughly cleaned up and removed from the waterfront facility. If any spilled material has remained in contact with a wooden floor for any length of time the floor shall be scrubbed with water and all spilled material shall be thoroughly dissolved and flushed away.

(7) An abundance of water for fire fighting shall be readily available.

(8) Such open drains, traps, pits, or pockets shall be eliminated or plugged as in case of fire could be filled with molten ammonium nitrate (and thus become potential detonators for the storage piles).

[CGFR 64-17, 29 F.R. 5277, Apr. 17, 1964] Supervision and control of dangerous cargo.

§ 126.29

(a) Authority. The Captain of the Port is authorized to require that any transaction of handling, storing, stowing, loading, discharging, or transporting the dangerous cargo covered by this subchapter shall be undertaken and continued only under the immediate supervision and control of the Captain of the Port or his duly authorized representative. In case the Captain of the Port exercises such authority, all directions, instructions, and orders of the Captain of the Port or his representative, not inconsistent with this part, with respect to such handling, storing, stowing, loading, discharging, and transporting; with respect to the operation of the waterfront facility; with respect to vessels handling, stowing, loading, or discharging of dangerous cargo at anchorages when the operations are under the immediate control and supervision of the Captain of the Port or his duly authorized representative; with respect to the ingress and egress of persons, articles, and things and to their presence on the waterfront facility or vessel; and with respect to vessels approaching, moored at, and departing from the waterfront facility, shall be promptly obeyed.

(b) Reporting discharge of dangerous liquid commodities into the waters of the United States. To enhance the safety of the port and to protect vessels, their cargo, and waterfront facilities therein,

the discharge into the navigable waters of the United States of petroleum products, petroleum byproducts or other dangerous liquid commodities which may create a hazard or toxic condition in the port area will be immediately reported to the Captain of the Port or District Commander by the owner or master of the vessel from which the discharge occurred, or the owner or operator of a waterfront facility from which the discharge occurred.

(R.S. 4472, as amended; 46 U.S.C. 170) [CGFR 69-89, 34 F.R. 17478, Oct. 29, 1969]

§ 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 District Commander 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.

(R.S. 4472, as amended; 46 U.S.C. 170) [CGFR 51-37, 16 F.R. 8680, Aug. 28, 1951, as amended by CGFR 69-89, 34 F.R. 17479, Oct. 29, 1969] § 126.33 Penalties for handling danger. ous 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. [CGFR 51-37, 16 F.R. 8680, Aug. 28, 1951] § 126.35 Primary responsibility.

Nothing contained in the rules, regulations, conditions, 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.

[CGFR 51-37, 16 F.R. 8680, Aug. 28, 1951]

§ 126.37 Separability.

If any provision of the rules, regulations, conditions, or designations con

tained 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. [CGFR 51-37. 16 F.R. 8680, Aug. 28, 1951]

PART 135-LIGHTS FOR COAST GUARD VESSELS OF SPECIAL CONSTRUCTION

Sec.

135.01 Purpose of regulations.

135.05

135.10

185.15

Authority for regulations.

Definition of terms used in this part. General findings and certifications. 135.20 Extent of compliance. 185.25 International Rules; horizontal separation of range lights.

135.35 International Rules and Inland Rules; height and arc of visibility of after anchor light.

135.40 International Rules and Inland Rules; vertical separation of range lights.

135.45 International Rules; height of forward masthead light.

135.47 International Rules; vertical separation of towing lights. 135.50 Great Lakes Rules; horizontal separation of range lights.

AUTHORITY: The provisions of this Part 135 issued under sec. 1, 59 Stat. 590, sec. 2, 77 Stat. 194; 33 U.S.C. 360, 1052. Treasury Department Orders 167-6, Nov. 17, 1953, 18 F.R. 7571; 167-64, Dec. 7, 1964, 29 F.R. 17123, unless otherwise noted.

CROSS REFERENCE: For Navigational Light Waivers for certain classes and types of naval vessels issued by the Department of Defense, Department of the Navy, see 32 CFR Part 706, Navigational Light Waivers, and Part 707, Distinctive Lights Authorized for Submarines. [CGFR 64-68, 29 F.R. 14988, Nov. 5, 1964] § 135.01 Purpose of regulations.

The regulations in this part set forth findings, certifications, exemptions from certain statutory requirements, and those requirements found or certified to be feasible for Coast Guard vessels, by reason of special construction, with respect to the number, position, range of visibility, or arc of visibility of the lights required to be displayed by vessels when

navigating on the high seas or navigable waters of the United States, its territories or possessions.

[CGFR 53-50, 18 F.R. 7641, Dec. 1, 1963] § 135.05 Authority for regulations.

The authority to prescribe regulations in this part for Coast Guard vessels of special construction is set forth in section 2 of the act of September 24, 1963 (77 Stat. 194, 33 U.S.C. 1052), and section 1 of the act of December 3, 1945, as amended (59 Stat. 590; 33 U.S.C. 360). Rule 13(b), International Rules (77 Stat. 203; 33 U.S.C. 1073 (b)), authorizes the Government to make certain special rules which will apply on the high seas, so far as its naval or other military vessels of special construction are concerned. In accordance with these laws the Assistant Secretary of the Treasury by Treasury Department Orders 167-6, dated November 17, 1953 (18 F.R. 7571), and 167-64, dated December 7, 1964 (29 F.R. 17123), delegated to the Commandant these functions pertaining to lights for Coast Guard vessels of special construction.

[CGFR 64-14, 30 F.R. 6434, May 8, 1965] § 135.10 Definition of terms used in this part.

(a) International Rules. The term "International Rules" means the "Regulations for Preventing Collisions at Sea, 1960," as set forth in section 4 of the act of September 24, 1963 (77 Stat. 195210; 33 U.S.C. 1061-1094).

(b) Inland Rules. The term "Inland Rules" means the rules for the navigation of rivers, harbors, and inland waters of the United States, except (1) the Great Lakes and their connecting and tributary waters as far east as Montreal, (2) the waters of the Mississippi River between its source and the Huey P. Long Bridge and all of its tributaries emptying

thereinto and their tributaries, (3) that part of the Atchafalaya River above its junction with the Plaquemine-Morgan City alternate waterway, and (4) the Red River of the North, as set forth in the act of June 7, 1897, as amended (30 Stat. 96-103, as amended; 33 U. S. C. 154-232).

(c) Great Lakes Rules. The term "Great Lakes Rules" means the act to regulate navigation on the Great Lakes and their connecting and tributary waters of February 8, 1895, as amended (28 Stat. 645-650, as amended; 33 U.S. C. 241-294).

[CGFR 53-50, 18 FR. 7641, Dec. 1, 1953, as amended by CGFR 64–14, 30 F.R. 6435, May 8, 1965]

§ 135.15 General findings and certifi. cations.

(a) It is hereby found that the Coast Guard vessels of special construction described in this part cannot comply with certain applicable statutory requirements, enumerated in various sections of this part, relating to the lights required to be displayed by vessels when navigating on the high seas or navigable waters of the United States, its territories or possessions, without seriously affecting the military characteristics and functions of the vessels concerned.

(b) It is hereby found and certified that the requirements regarding lights, as stated in the various sections of this part, which will be carried by the Coast Guard vessels described, conform as closely as feasible to the applicable statutory requirements.

[CGFR 53–50, 18 F.R. 7641, Dec. 1, 1953] § 135.20 Extent of compliance.

Except as provided otherwise in this part, the Coast Guard vessels described in this part are in full compliance with the other provisions of the applicable International Rules, Inland Rules, or Great Lakes Rules governing the areas where the vessels are being operated. [CGFR 53-50, 18 FR. 7641, Dec. 1, 1953] § 135.25 International Rules; horizontal separation of range lights.

(a) Rule 2(a) (iii), International Rules, requires in part that the minimum horizontal separation between the forward masthead light and the after range light shall be at least 45 feet (33 U.S.C. 1062(a) (iii)). Because of special construction, the Coast Guard vessels named in this section cannot comply with this requirement and are therefore exempted.

(b) The following Auxiliary vessel shall carry the forward masthead light and the after range light with a horizontal separation of 34 feet:

U.S. C. G. C. Storis (WAG-38).

(c) The following Icebreakers shall carry the forward masthead light and after range light with a horizontal separation of 23 feet:

U.S. C. G. C. Eastwind (WAGB-279).
U.S. C. G. C. Northwind (WAGB-282).
U.S. C. G. C. Westwind (WAGB-281).
(d) [Reserved]

(e) The following Buoy Tenders, Class 180-A, shall carry the forward masthead light and after range light with a horizontal separation of 24 feet:

U.S. C. G. C. Balsam (WLB-62).
U.S. C. G. C. Cactus (WLB-270).
U.S. C. G. C. Citrus (WLB-300).
U.S. C. G. C. Clover (WLB-292).
U.S. C. G. C. Conifer (WLB-301).
U.S. C. G. C. Cowslip (WLB-277).
U.S. C. G. C. Evergreen (WAGO-295).
U.S. C. G. C. Gentian (WLB-290).
U.S. C. G. C. Laurel (WLB-291).
U.S. C. G. C. Madrona (WLB-302).
U.S. C. G. C. Sorrel (WLB-296).

(f) The following Buoy Tenders, Class 180-B, shall carry the forward masthead light and after range light with a horizontal separation of 16 feet:

U.S. C. G. C. Buttonwood (WLB-306).
U.S. C. G. C. Ironwood (WLB-297).
U.S. C. G. C. Papaw (WLB-308).
U.S. C. G. C. Planetree (WLB-307).
U.S. C. G. C. Sweetgum (WLB-309).

(g) The following Buoy Tenders, Class 180-C, shall carry the forward masthead light and after range light with a horizontal separation of 16 feet:

U.S. C. G. C. Basswood (WLB-388).
U.S. C. G. C. Bittersweet (WLB-389).
U.S. C. G. C. Blackhaw (WLB-390).
U. S. C. G. C. Blackthorn (WLB-391).
U.S. C. G. C. Firebush (WLB-393).
U.S. C. G. C. Hornbeam (WLB-394).
U.S. C. G. C. Iris (WLB-395).
U.S. C. G. C. Mallow (WLB-396).
U.S. C. G. C. Mariposa (WLB-397).
U.S. C. G. C. Sagebrush (WLB-399).
U.S. C. G. C. Salvia (WLB-400).
U.S. C. G. C. Sassafras (WLB-401).
U.S. C. G. C. Sedge (WLB-402).
U.S. C. G. C. Spar (WLB-403).
U.S. C. G. C. Sweetbrier (WLB-405).

(h) All patrol cutters, medium endurance, 210-foot class, shall carry the forward masthead light and the after