John Humpage

The definition of "oil in bulk" as used in the proposed regs needs to be articulated. Does the proposed language in 46 CFR 90.05-25(b) apply to flammable & combustible liquids being carried as other than cargo (e.g. for the vsl’s use in gensets, etc)? Without a definition, the proposed rulemaking is ineffective. After the Seagoing Barge Act was implemented, G-MCO released msg P 181852Z APR 96. This msg stated that "UNMANNED SEAGOING BARGES CARRYING HAZARDOUS MATERIAL AS CARGO MUST BE INSPECTED." It also stated that 'UNMANNED SEAGOING BARGES CARRYING OIL IN BULK, NOT AS CARGO, ALSO MUST BE INSPECTED. FOR THE PURPOSE OF THIS EXEMPTION, THE TERM "IN BULK" IS ESTABLISHED AS A MATTER OF POLICY TO MEAN AT LEAST 250 BARRELS." This msg has often been interpreted to mean that ALL seagoing barges that carry hazardous materials, including flammable or combustible liquids, as cargo & in bulk, must be inspected, no matter how much cargo they carry. This msg has also been interpreted to mean that all seagoing barges carrying more than 250 barrels of flammable or combustible liquids such as oil, for the vessel's own consumption (e.g. diesel fuel for gensets, cranes, etc.) are not exempt from the Seagoing Barge Act & must be inspected. Paragraph 3 of the msg indicates that future changes to MSM Vol II will incorporate this policy. However, the current MSM Vol II, Section B, Ch 4, par E.1 doesn’t seem to incorporate the policy. The regs must incorporate a definition of the term "in bulk" in 46 CFR 90. The term "in bulk" should mean the carriage of any liquid (cargo or otherwise) that is loaded on board a vessel through hoses, pipes, etc, & that is not pre-packaged in pre-determined quantities. Furthermore, the regs should clearly articulate the quantity of flammable & combustible liquid, not being carried as cargo, that would nullify exemption from the Seagoing Barge Act & require inspection. This is currently interpreted to be any amount greater than 250 barrels.