49 C.F.R. § 176.69

General stowage requirements for hazardous materials

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(a) Hazardous materials (except as provided in paragraph (c) of this section and Class 9 (miscellaneous hazardous) materials) must be stowed in a manner that will facilitate inspection during the voyage, their removal from a potentially dangerous situation, and the removal of packages in case of fire.

(b) Each package marked in accordance with § 172.312(a)(2) of this subchapter must be stowed as to remain in the position indicated during transportation.

(c) If a vessel designed for and carrying hazardous materials in freight containers or a vessel designed for and carrying hazardous materials in barges is equipped with a fixed fire extinguishing and fire detection system, the freight containers or barges need not be stowed in the manner required by paragraph (a) of this section. When freight containers or barges containing hazardous materials are stowed on deck, they need not be stowed in the manner required by paragraph (a) of this section if fire fighting equipment capable of reaching and piercing the freight container or barge is on board the vessel.

(d) Packages of hazardous materials must be secured and dunnaged to prevent shifting in any direction. Vertical restraints are not required if the shape of the package and the stuffing pattern preclude shifting of the load.

(e) Packages of hazardous materials must be braced and dunnaged so that they are not likely to be pierced by the dunnage or crushed by a superimposed load.

[Amdt. 176-1, 41 FR 16110, Apr. 15, 1976, as amended by Amdt. 176-1A, 41 FR 40687, Sept. 20, 1976; Amdt. 176-12, 45 FR 81573, Dec. 11, 1980; Amdt. 176-30, 55 FR 52689, Dec. 21, 1990; 56 FR 66282, Dec. 20, 1991; 68 FR 61942, Oct. 30, 2003]

Notes of Decisions

Cited in 2 cases, 1980–1987 · leading case: Poliskie Line Oceaniczne v. Hooker Chem. Corp., 499 F. Supp. 94 (S.D.N.Y. 1980).

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Poliskie Line Oceaniczne v. Hooker Chem. Corp., 499 F. Supp. 94 (S.D.N.Y. 1980). · cites it 2× “” 49 C.F.R. § 176.69 (a). Defendant points out that plaintiff may have violated 49 C.”

Waterman S.S. Corp. v. Virginia Chemicals, Inc., 651 F. Supp. 452 (S.D. Ala. 1987). “The Court finds the hazardous cargo was not stowed in a manner that would facilitate inspections, nor in a manner which allow for the hazardous cargo to be removed if a dangerous situation, like a fire, should arise, as 49 C.F.R. § 176.69 (a) requires. This is another example of…”

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