Coast Guard Proposes to Expand Definition of Dangerous Cargo Residue, Etc.
On December 23, 2007, the Coast Guard issued a proposed rule that would expand the definition of "certain dangerous cargo residue" (CDC residue); amend the definition of CDC for consistency, and adopt changes to security requirements that were made in a 2005 interim final rule. Comments on the proposed rule are due by February 22, 2010.
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Definition of CDC Residue Would Include Certain Bulk Liquids & Liquefied Gases
The proposed rule would revise the definition of CDC residue to include certain bulk liquids and liquefied gases that remain onboard in a cargo system after discharge and are not accessible through normal transfer procedures. (The current definition is limited to residue quantities of bulk ammonium nitrate or ammonium nitrate fertilizer remaining onboard after the vessel discharges all saleable cargo. No other cargo residues currently fall within the definition.)
A vessel that is carrying only CDC residue may qualify for the Notice of Arrival (NOA)1 exemption available to vessels not carrying CDCs. According to the Coast Guard, changing the definition of CDC residue will allow it to better allocate resources to vessels that are carrying CDCs and not just CDC residue.
Certain Hazardous Bulk Liquid & Liquefied Gases Would Not be Eligible for Residue Exemption
Under the proposed rule, a few bulk liquid and liquefied gas cargos would remain CDCs even when carried in residue quantities because of the relative hazard created by the vapor pressure of the cargo and its potential for explosion. These cargos include: anhydrous ammonia; chlorine; ethane; ethylene oxide; methane (LNG); methyl bromide; sulfur dioxide; and vinyl chloride.
Definition of CDC Would be Amended for Consistency
The proposed rule also would revise the definition of "certain dangerous cargo" for consistency to reflect the proposed expanded definition of CDC residue.
2005 Interim Changes to Security Requirements Would be Adopted as Final
A 2005 Coast Guard interim rule made changes to vessel security regulations for vessels carrying CDCs. Among other things, the interim rule specified that vessel security requirements applied to barges carrying CDCs in bulk and engaged on international voyages. The current proposed rule would adopt these two changes as final.
1The NOA is a process by which a vessel submits required information-including data about the vessel, cargo, and crew-before the vessel arrives at a port or place in the U.S. The information contained in the NOA allows the Coast Guard to implement appropriate safety and security measures, including security screening and escort into port.
Coast Guard contact - Sharmine Jones (202) 372-1234
Coast Guard proposed rule (D/N USCG-2004-19963, FR Pub 12/23/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-30347.pdf