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e-CFR data is current as of September 17, 2020

Title 46Chapter ISubchapter NPart 147a → Subject Group


Title 46: Shipping
PART 147A—INTERIM REGULATIONS FOR SHIPBOARD FUMIGATION


General

§147A.1   Purpose.

The purpose of this part is to prescribe the requirements for shipboard fumigation that are critical for the health and safety of the crew and any other person who is on board a vessel during fumigation. These are interim rules pending further study and promulgation of comprehensive regulations on shipboard fumigation.

§147A.3   Applicability.

This part prescribes the rules for shipboard fumigation on vessels to which 49 CFR parts 171-179 apply under 49 CFR 176.5.

[CGD 86-033, 53 FR 36026, Sept. 16, 1988]

§147A.5   General requirement.

No person may cause or authorize shipboard fumigation contrary to the rules in this part.

§147A.6   Right of appeal.

Any person directly affected by a decision or action taken under this part, by or on behalf of the Coast Guard, may appeal therefrom in accordance with subpart 1.03 of this chapter.

[CGD 88-033, 54 FR 50381, Dec. 6, 1989]

§147A.7   Definitions.

As used in this part:

(a) Qualified person means a person who has experience with the particular fumigant or knowledge of its properties and is familiar with fumigant detection equipment and procedures, or an applicator who is certified by the Environmental Protection Agency if his certification covers the fumigant that is used.

(b) Fumigant means a substance or mixture of substances that is a gas or is rapidly or progressively transformed to the gaseous state though some nongaseous or particulate matter may remain in the space that is fumigated.

(c) Fumigation means the application of a fumigant on board a vessel to a specific treatment space.

§147A.9   Persons in charge of fumigation and the vessel; designation.

(a) The person, including any individual, firm, association, partnership, or corporation, that is conducting a fumigation operation shall designate a person in charge of fumigation for each operation.

(b) The operator of each vessel shall designate a person in charge of the vessel for each fumigation operation.

§147A.10   Notice to Captain of the Port.

Unless otherwise authorized by the Captain of the Port, at least 24 hours before fumigation the operator of the vessel shall notify the Coast Guard Captain of the Port, for the area where the vessel is to be fumigated, of the time and place of the fumigation, and the name of the vessel that is to be fumigated.

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