Permit requirements for Division 1.5 (blasting agents), ammonium nitrates, and certain ammonium nitrate fertilizers.

(a) Except as provided in paragraph (b) of this section, before any of the following material is loaded on or unloaded from a vessel at any waterfront facility, the owner/operator must obtain written permission from the nearest COTP:

(1) Ammonium nitrate UN 1942, ammonium nitrate fertilizers containing more than 60 percent ammonium nitrate, ammonium nitrate fertilizer, Division 5.1 (oxidizer) UN 2070, or Division 1.5 (blasting agent) compatibility group D materials packaged in a paper bag, burlap bag, or other nonrigid combustible packaging, or any rigid packaging with combustible inside packagings.

(2) Any other ammonium nitrate or ammonium nitrate fertilizer not listed in § 176.410 (a) or (b) except ammonium nitrate fertilizer, Class 9, UN 2071.

(b) Any of the following may be loaded on or unloaded from a vessel at any waterfront facility without a permit:

(1) Ammonium nitrate fertilizer, Division 5.1 (oxidizer) UN 1942, in a rigid packaging with noncombustible inside packaging.

(2) Ammonium nitrate fertilizer, Division 5.1 (oxidizer) UN 2067, if the nearest COTP is notified at least 24 hours in advance of any loading or unloading in excess of 454 kg (1,000 pounds).

(3) Ammonium nitrate fertilizer, n.o.s., Division 5.1 (oxidizer) NA 2072, containing 40 percent or more fine calcium carbonate or dolomite.

(4) Non-acidic ammonium nitrate fertilizer, n.o.s., Division 5.1 (oxidizer) UN 2072, containing less than 5 percent organic material and 60 percent or less ammonium nitrate.

(5) Division 1.5 (blasting agents) compatibility group D material in a rigid packaging with non-combustible inside packaging.

(6) Ammonium nitrate fertilizer, Class 9, UN 2071.

(c) Before a permit may be issued, the following requirements must be met in addition to any others the COTP may impose:

(1) If the material is ammonium nitrate fertilizer, Division 5.1 (oxidizer), UN2070; or Explosives, blasting, type E, Division 1.5 (blasting agents) compatibility group D, UN0332 in combustible packaging or in a rigid packaging with combustible inside packaging, it must be loaded or unloaded at a facility remote from populous areas or high value or high hazard industrial facilities so that in the event of fire or explosion loss of lives and property may be minimized;

(2) If the material is an ammonium nitrate fertilizer, Division 5.1 (oxidizer), UN2070, containing more than 60 percent ammonium nitrate; or ammonium nitrate fertilizer, Division 5.1 (oxidizer), UN2070 in rigid packagings with combustible inside packagings, it must be loaded or unloaded at a facility removed from congested areas or high value or high hazard industrial facilities;

(3) Each facility at which the material is to be loaded or unloaded must conform with the requirements of the port security and local regulations and must have an abundance of water readily available for fire fighting;

(4) Each facility at which the material is to be loaded or unloaded must be located so that each vessel to be loaded or unloaded has an unrestricted passage to open water. Each vessel must be moored bow to seaward, and must be maintained in a mobile status during loading, unloading, or handling operations by the presence of tugs or the readiness of engines. Each vessel must have two wire towing hawsers, each having an eye spice, lowered to the water's edge, one at the bow and the other at the stern; and

(5) If the material is ammonium nitrate fertilizer, Division 5.1 (oxidizer), UN2070; an ammonium nitrate fertilizer, Division 5.1 (oxidizer) containing more than 60 percent ammonium nitrate; or a Division 1.5 (blasting agents) compatibility group D material in non-rigid combustible packaging and loaded in freight containers or transport vehicles, it may be loaded or unloaded at a non-isolated facility provided that facility is approved by the COTP.

[Amdt. 176-30, 55 FR 52706, Dec. 21, 1990, as amended at 56 FR 66282, Dec. 20, 1991; Amdt. 176-35, 59 FR 49134, Sept. 26, 1994; 65 FR 58630, Sept. 29, 2000]