§176.170. Transport of Class 1 (explosive) materials in freight containers. — Inbound Citations

(a) A hazardous material may be offered and accepted for transport by vessel when in conformance with the IMDG Code (IBR, see § 171.7 of this subchapter), subject to the conditions and limitations set forth in subpart C of part 171 of this subchapter.The requirements of §§ 176.83, 176.84, and 176.112 through 176.174 are not applicable to shipments of Class 1 (explosive) materials made in accordance with the IMDG Code. A hazardous material which conforms to the provisions of this paragraph (a) is not subject to the requirement specified in § 172.201(d) of this subchapter for an emergency response telephone number, when transportation of the hazardous material originates and terminates outside the United States and the hazardous material—

(1) Is not offloaded from the vessel; or

(2) Is offloaded between ocean vessels at a U.S. port facility without being transported by public highway.

(a) Except as provided in paragraphs (b) through (f) of this section, hazardous materials authorized to be transported by vessel may be carried on board a vessel in a transport vehicle or freight container, subject to the following conditions (see additional requirements concerning the transport of Class 1 (explosive) materials in §§ 176.168 through 176.172 of this subchapter):

(1) The material must be in proper condition for transportation according to the requirements of this subchapter;

(2) All packages in the transport vehicle or freight container must be secured to prevent shifting in any direction. Vertical restraint is not required if the shape of the packages, loading pattern, and horizontal restraint preclude vertical shifting of the load within the freight container or transport vehicle;

(3) Bulkheads made of dunnage which extend to the level of the cargo must be provided unless the packages are stowed flush with the sides or ends;

(4) Dunnage must be secured to the floor when the cargo consists of dense materials or heavy packages;

(5) Each package marked in accordance with § 172.312(a)(2) of this subchapter must be stowed as marked;

(6) Any slack spaces between packages must be filled with dunnage;

(7) The weight in a container must be distributed throughout as evenly as possible and the maximum permissible weight must not be exceeded;

(8) Adjacent levels of baggaged and baled cargo must be stowed in alternate directions so that each tier binds the tier above and below it;

(9) When security devices, beacons or other tracking or monitoring equipment are used, they must be securely installed and must be of a certified safe type for the hazardous materials that will be carried within the freight container or transport vehicle in which such as device or equipment is installed.

(10) The lading must be contained entirely within the freight container or vehicle body without overhang or projection except that oversized machinery such as tractors or vehicles with batteries attached may overhang or project outside the intermodal container provided all of that portion of the lading that consists of hazardous materials is contained entirely within the freight container. No open-bed container or vehicle is permitted to carry hazardous materials unless it is equipped with a means of properly securing the lading.

(11) When packages are secured with banding or straps, these restraints must not be over-tightened to cause damage or deformation of the packages or the securing points (such as D-rings) within the freight container or transport vehicle.