[Federal Register Volume 59, Number 69 (Monday, April 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8363]


[[Page Unknown]]

[Federal Register: April 11, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 151

[CGD 92-100a]
RIN 2115-AE35

 

Noxious Liquid Substances Lists

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending its Noxious Liquid Substances 
(NLSs) regulations to include substances recently authorized for 
carriage by the Coast Guard or added to the International Maritime 
Organization's (IMO) Chemical Codes and is making minor technical and 
editorial changes and corrections. This action updates the current 
lists of oil-like and non-oil-like NLSs allowed for carriage.

EFFECTIVE DATE: May 11, 1994.

ADDRESSES: Unless otherwise indicated, documents referenced in this 
preamble are available for inspection or copying at the office of the 
Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast 
Guard Headquarters, 2100 Second Street SW., room 3406, Washington, DC 
20593-0001 between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. The telephone number is (202) 267-1477.

FOR FURTHER INFORMATION CONTACT: Mr. Curtis G. Payne, Hazardous 
Materials Branch, (202) 267-1577.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The principal persons involved in drafting this document are Mr. 
Curtis G. Payne, Project Manager, and Ms. Helen G. Boutrous, Project 
Counsel, Office of Chief Counsel.

Regulatory History

    On May 24, 1993, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled Noxious Liquid Substances Lists in the 
Federal Register (58 FR 29940). The Coast Guard received no letters 
commenting on the proposal. A public hearing was not requested and one 
was not held.

Related Rulemakings

    Elsewhere in this edition of the Federal Register, the Coast Guard 
is publishing a final rule concerning bulk hazardous materials tables 
in 46 CFR parts 30, 150, 151, and 153 (CGD 92-100).

Background and Purpose

    The Coast Guard is revising its lists of Category D NLSs and 
Categories C and D oil-like NLSs to reflect new entries added to table 
30.25-1 of 46 CFR part 30 and tables 1 and 2 of 46 CFR part 153 by a 
separate rulemaking appearing elsewhere in this edition of the Federal 
Register (CGD 92-100). These are chemicals recently authorized by Coast 
Guard regulations or added to the IMO's Chemical Codes. Other chemical 
names are modified or deleted in accordance with IMO terminology. This 
rulemaking is administrative in nature and is intended to update Coast 
Guard chemical lists in 33 CFR part 151.

Discussion of Comments and Changes

    1. In paragraph (c) of the ``Discussion of Proposed Amendments,'' 
in the NPRM, the entry sodium silicate solution was shown as having its 
Pol. Cat. ``downgraded'' to III, from D. As a result, the entry would 
then be deleted from the list in Sec. 151.47. This was in error. This 
entry's Pol. Cat. is in fact being ``upgraded'' to C. Therefore, this 
entry is not being deleted from the list at this time. As noted 
elsewhere in the NPRM, ``upgrades'' will be incorporated by a future 
rulemaking.
    2. In the NPRM, new entries to the list of category D NLSs in 
Sec. 151.47 were indicated by a plus sign, ``+'', preceding the name. 
For this final rule, the ``+'' is omitted.

Regulatory Assessment

    This rulemaking is not a significant regulatory action under 
Executive Order 12866, and has not been reviewed by the Office of 
Management and Budget. It is also not significant under the Department 
of Transportation Regulatory Policies and Procedures (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
final rule to be so minimal that a full Regulatory Assessment is 
unnecessary. This rulemaking is administrative in nature and merely 
updates NLS lists by adding cargoes recently authorized by the Coast 
Guard or added to the IMO Chemical Codes and by making other non-
substantive editorial changes and corrections.

Small Entities

    This final rule is merely administrative in nature. This final rule 
will result in no additional costs to industry. Therefore, the Coast 
Guard certifies under section 605(b) of the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.) that this rule will not have a significant 
economic impact on a substantial number of small entities.

Collection of Information

    This final rule contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this rulemaking in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this rulemaking does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment. 
Because this rulemaking is administrative in nature and will merely 
update current lists in Coast Guard regulations, there will be no 
Federalism implications.

Environment

    The Coast Guard has considered the environmental impact of this 
rulemaking and concluded that, under section 2.B.2 of Commandant 
Instruction M16475.1B, this final rule is categorically excluded from 
further environmental documentation. This rulemaking is an 
administrative update of current lists to add chemicals already 
approved under Coast Guard regulation or international law and clearly 
will have no impact on the environment. A Categorical Exclusion 
Determination is available in the docket for inspection or copying 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 151

    Administrative practice and procedure, Oil pollution, Penalties, 
Reporting and recordkeeping requirements, Water pollution control.

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR part 151 as follows:

PART 151--VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE 
AND MUNICIPAL OR COMMERCIAL WASTE

    1. The authority citation for part 151 continues to read as 
follows:

    Authority: 33 U.S.C. 1321(j)(1)(C) and 1903(b); E.O. 11735, 3 
CFR, 1971-1975 Comp., p. 793; 49 CFR 1.46.

    2. The list in Sec. 151.47 is revised to read as follows:


Sec. 151.47  Category D NLSs other than oil-like Category D NLSs that 
may be carried under this part.

*  *  *  *  *
Acetophenone
Acrylonitrile-Styrene copolymer dispersion in Polyether polyol
iso- & cyclo-Alkane (C10-C11)
Alkenyl(C11+)amine
Alkyl(C8+)amine, Alkenyl (C12+) acid ester mixture
Alkyl dithiothiadiazole (C6-C24)
Alkyl ester copolymer (C6-C18)
Alkyl phenol sulfide (C8-C40)
Ammonium hydrogen phosphate solution
Ammonium nitrate solution (45% or less)
Ammonium nitrate, Urea solution (2% or less NH3)
Ammonium phosphate, Urea solution
Ammonium polyphosphate solution
Ammonium sulfate solution (20% or less)
Amyl alcohol (iso-, n-, sec-, primary)
Animal and Fish oils, n.o.s. (see also Oil, edible)
Animal and Fish acid oils and distillates, n.o.s.
Aryl polyolefin (C11-C50)
Brake fluid base mixtures
sec-Butyl acetate
Butylene glycol
iso-Butyl formate
n-Butyl formate
gamma-Butyrolactone
Calcium hydroxide slurry
Calcium long chain alkyl sulfonate (C11-C50)
Calcium long chain alkyl phenate (C8-C40)
Calcium long chain alkyl phenate sulfide (C8-C40)
Caprolactam solutions
Choline chloride solution
Citric acid (70% or less)
Cyclohexanol
Decahydronaphthalene
Decane
Decylbenzene (n-)
Diacetone alcohol
Dialkyl(C10-C14) benzenes
Dialkyl(C7-C13) phthalates
Diethylene glycol butyl ether acetate
Diethylene glycol dibutyl ether
Diethylene glycol ethyl ether acetate, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether acetate
Diethylene glycol methyl ether acetate, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether acetate
Diethylene glycol phenyl ether
Diethylene glycol phthalate
Di-(2-ethylhexyl)adipate
Di-(2-ethylhexyl)phthalate
1,4-Dihydro-9,10-dihydroxy anthracene, disodium salt solution
Diisobutyl ketone
Diisodecyl phthalate
Diisononyl adipate
Diisononyl phthalate
2,2-Dimethylpropane-1,3-diol
Dinonyl phthalate
Dipropylene glycol dibenzoate
Dipropylene glycol methyl ether, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether
Ditridecyl phthalate
Diundecyl phthalate
Dodecenylsuccinic acid, dipotassium salt solution
2-Ethoxyethanol
Ethoxy triglycol (crude)
Ethyl acetate
Ethyl acetoacetate
Ethyl butanol
Ethylenediaminetetraacetic acid, tetrasodium salt solution
Ethylene glycol
Ethylene glycol acetate
Ethylene glycol dibutyl ether
Ethylene glycol ethyl ether
Ethylene glycol isopropyl ether
Ethylene glycol methyl butyl ether
Ethylene glycol methyl ether
Ethylene glycol methyl ether acetate
Ethylene glycol phenyl ether
Ethylene glycol phenyl ether, Diethylene glycol phenyl ether mixture
2-Ethylhexanoic acid
Ethyl propionate
Ferric hydroxyethylethylene diamine triacetic acid, trisodium salt 
solution
Formamide
Glycerine (83%), Dioxanedimethanol (17%) mixture
Glyoxal solution (40% or less)
Heptanoic acid
Hexamethylenediamine adipate
Hexamethylenetetramine solutions
Hexanoic acid
Hexanol
N-(Hydroxyethyl)ethylenediamine triacetic acid, trisodium salt 
solution
Isophorone
Lactic acid
Latex (ammonia (1% or less) inhibited)
Long chain alkaryl sulfonic acid (C16-C60)
Magnesium long chain alkaryl sulfonate (C11-C50)
Magnesium long chain alkyl phenate sulfide (C8-C20)
3-Methoxybutyl acetate
Methyl acetoacetate
Methyl alcohol
Methyl butenol
Methyl butyl ketone
Methyl isobutyl ketone
Methyl tert-butyl ether
Methyl butynol
Methyl propyl ketone
N-Methyl-2-pyrrolidone
Myrcene
Naphthalene sulfonic acid-formaldehyde copolymer, sodium salt 
solution
Nonanoic acid (all isomers)
Nonanoic, Tridecanoic acid mixture
Nonyl methacrylate
Noxious Liquid Substance, (17) n.o.s.
Octadecenoamide solution
Octanoic acid
Octyl acetate
Oil, edible:
      Babassu
      Beechnut
      Castor
      Cocoa butter
      Coconut
      Cod liver
      Corn
      Cottonseed
      Fish
      Groundnut
      Hazelnut
      Nutmeg butter
      Olive
      Palm
      Palm kernel
      Peanut
      Poppy
      Raisin seed
      Rapeseed
      Rice bran
      Safflower
      Salad
      Sesame
      Soya bean
      Sunflower seed
      Tucum
      Vegetable
      Walnut
Oil, misc:
      Animal, n.o.s.
      Coconut oil, esterified
      Coconut oil, fatty acid methyl ester
      Lanolin
      Linseed
      Neatsfoot
      Oiticica
      Palm oil, fatty acid methyl ester
      Palm oil, methyl ester
      Perilla
      Pilchard
      Soya bean (epoxidized)
      Sperm
      Tung
      Whale
Olefin/Alkyl ester copolymer (molecular weight 2000+)
Oleic acid
Palm kernel acid oil, methyl ester
Palm kernel oil, fatty acid methyl ester, see Palm kernel acid oil, 
methyl ester
Palm stearin
Pentaethylenehexamine
Pentanoic acid
Poly(2-8)alkylene glycol monoalkyl(C1-C6) ether
Poly(2-8)alkylene glycol monoalkyl(C1-C6) ether acetate
Polyalkylene glycols, Polyalkylene glycol monoalkyl ethers mixtures
Polyalkyl methacrylate (C1-C20)
Polyether (molecular weight 2000+)
Polyethylene glycol monoalkyl ether
Polyolefin amide alkeneamine (C28+)
Polyolefin amide alkeneamine borate (C28-C250)
Polyolefin amide alkeneamine polyol
Polyolefin anhydride
Polyolefin ester (C28-C250)
Polyolefin phenolic amine (C28-C250)
Polyolefin phosphorosulfide, barium derivative
Polypropylene glycol
n-Propyl acetate
Propylene glycol monoalkyl ether
Propylene glycol ethyl ether, see Propylene glycol monoalkyl ether
Propylene glycol methyl ether, see Propylene glycol monoalkyl ether
Propylene glycol methyl ether acetate
Propylene glycol phenyl ether
Sodium acetate solution
Sodium benzoate solution
Sodium carbonate solution
Soybean oil (epoxidized)
Sulfohydrocarbon (C3-C88)
Tallow
Tallow fatty acid
Tetrasodium salt of Ethylenediaminetetraacetic acid solution
Triethylene glycol ethyl ether, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether
Triethylene glycol methyl ether, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether
Triethyl phosphate
Trimethylol propane polyethoxylate
Tripropylene glycol methyl ether, see Poly(2-8)alkylene glycol 
monoalkyl(C1-C6) ether
Trisodium salt of N-(Hydroxyethyl)- ethylenediamine triacetic acid 
solution
Urea, Ammonium mono- and di-hydrogen phosphate, Potassium chloride 
solution
Urea, Ammonium nitrate solution (2% or less NH3)
Urea, Ammonium phosphate solution
Vegetable oils, n.o.s. (see also Oil, edible)
Vegetable acid oils and distillates, n.o.s.
Waxes:
  Candelilla
  Carnauba
* * * * *


Sec. 151.49  [Amended]

    3. In Sec. 151.49(a), remove the word ``Cylclohexane'' and add, in 
its place, the word ``Cyclohexane''; remove the word ``2-Methyl-1-
pentene'' and add, in its place the words ``2-Methyl-1-pentene, see 
Hexene (all isomers)''; remove the words ``(all isomers'' of the entry 
``Pentene (all isomers'' and add in their place the words ``(all 
isomers)''; and remove the word ``Toulene'' and add, in its place the 
word ``Toluene''.


Sec. 151.49  [Amended]

    4. In Sec. 151.49(a), the following new entries are added in 
chemically proper alphabetized order:
* * * * *
Aviation alkylates
Cycloheptane
Cyclopentane
Hexane (all isomers)
Isopropylcyclohexane
Methyl cyclohexane
Olefin mixtures (C5-C7)
iso-Propylcyclohexane
* * * * *


Sec. 151.49  [Amended]

    5. In Sec. 151.49(b), remove the entries ``Alkyl(C9-C17) benzenes'' 
and ``Dodecane (all isomers)''.

    Dated: February 28, 1994.
R.C. North,
Captain, U.S. Coast Guard, Acting Chief, Office of Marine Safety, 
Security and Environment.
[FR Doc. 94-8363 Filed 4-8-94; 8:45 am]
BILLING CODE 4910-14-P