Coast Guard Expands Definition of Dangerous Cargo Residue, Etc.
On September 28, 2010, the Coast Guard issued a final rule, effective October 28, 2010, to expand the definition of "certain dangerous cargo residue" (CDC residue) and amend the definition of CDC for consistency, as proposed in December 2009. It also finalizes certain security requirements contained in a 2005 interim rule.
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Final Rule Lessens Burden on Industry by Reducing Need for NOAs
According to the Coast Guard, the final rule will relieve an unnecessary burden on industry by including more lower-risk cargoes in the CDC residue category and thereby reducing the number of notice of arrival (NOA)1 submissions required based on the cargo a vessel is carrying.
“CDC Residue” Revised to Include Certain Bulk Liquids & Liquefied Gases
The final rule revises 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.)
The Coast Guard has previously stated that a vessel that is carrying only CDC residue may qualify for the NOA 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.
Note that under the final rule, a few bulk liquid and liquefied gas cargoes 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 are: anhydrous ammonia; chlorine; ethane; ethylene oxide; methane (LNG); methyl bromide; sulfur dioxide; and vinyl chloride.
Definition of CDC Amended for Consistency
The final rule also revises the definition of "certain dangerous cargo" for consistency to reflect the expanded definition of CDC residue.
2005 Interim Rule Changes to Security Requirements are Adopted as Final
A 2005 Coast Guard interim rule made changes to vessel security regulations for vessels carrying CDCs. This final rule adopts the 2005 interim rule as final, with the addition of the revised definitions of CDC residue and CDC proposed in January 2010.
Coast Guard to Address a Comment in Broader Vessel Requirements Rule
The Coast Guard states that it will address a comment it received in response to its proposed rule regarding the National Vessel Movement Center and the Inland River Vessel Movement Center in its broader, “Vessel Requirements for Notices of Arrival and Departure, and Automatic Identification System” rulemaking.
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.
(See ITT’s Online Archives or 01/12/10 news, 10011230, for BP summary of the 2009 proposed rule which proposed changes to the CDC residue and CDC definitions.
See ITT’s Online Archives or 01/25/06 news, 06012599, for BP summary of 2005 interim rule.
See ITT’s Online Archives or 07/21/09 news, 09072140, for BP summary of CBP Bulletin notice on containers entered as “empty” that contain residual chemicals. See ITT’s Online Archives or 05/11/10 news, 10051150, for BP summary of a CBP frequently asked questions document rgarding instruments of international traffic imported into the U.S. with residue.)
Coast Guard contact -- Lieutenant Sharmine Jones (202) 372-1234
(Coast Guard final rule, D/N USCG-2004-19963, FR Pub 09/28/10)