[Federal Register Volume 59, Number 168 (Wednesday, August 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20716]
[[Page Unknown]]
[Federal Register: August 31, 1994]
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Part IV
Department of Transportation
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Coast Guard
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33 CFR Part 151
Pollution: Noxious Liquid Substances List; Final Rule
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 151
[CGD 94-901]
RIN 2115-AE74
Upgrades to the 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 DATES: September 30, 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.
Related Rulemakings
On April 11, 1994, the Coast Guard published a final rule (FR)
entitled Noxious Liquid Substances Lists in the Federal Register (59 FR
16985). That rulemaking added new entries, or removed existing entries,
based upon the entry's Pollution Category. In that same edition of the
Federal Register, the Coast Guard published another FR entitled Bulk
Hazardous Materials (59 FR 16999), updating its chemical tables to
reflect the IMO's final and provisional determinations regarding
entries currently in the IMO Chemical Code.
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 94-900). Also in this
edition of the Federal Register, a notice and request for comments is
published concerning cargo entries which the Coast Guard has reason to
believe are obsolete (CGD 94-902).
Background and Purpose
The Coast Guard is revising its lists of Category D NLSs and
Category C oil-like NLSs by including in these lists entries that have
been ``upgraded'' by the International Maritime Organization (IMO). An
``upgrade'' means that a commodity is assigned additional carriage
requirements, a higher Pollution Category (Pol. Cat.), or both.
These additional requirements bring the carriage requirements for
these commodities appearing in table 30.25-1 of 46 CFR part 30 and
tables 1 and 2 of 46 CFR part 153 in line with the requirements in
Chemical Codes of the IMO. The upgrades assigned by this final rule
were determined by the IMO and are included in the IMO Chemical Codes
(``International Code for the Construction and Equipment of Ships
Carrying Dangerous Chemicals in Bulk'' (IBC Code), and ``Code for the
Construction and Equipment of Ships Carrying Dangerous Chemicals in
Bulk'' (BCH Code)). Adoption of these upgrades in the Coast Guard
regulations is necessary to ensure consistency with international law.
These upgrades were listed, for informational purposes, in an appendix
to the Bulk Hazardous Materials NPRM published on May 24, 1993 (58 FR
29937). At that time, the upgrades had been determined by IMO, but were
not scheduled to become effective until July 1, 1994. Other chemical
names are modified in accordance with IMO terminology. This rulemaking
is largely administrative in nature and is intended to update Coast
Guard chemical lists in 33 CFR part 151.
Discussion of Amendments
The objectives of this rulemaking are to:
(a) Modify names for certain chemicals as part of the Coast Guard's
continuing program of adopting IMO terminology where applicable, and
aligning usage throughout Coast Guard regulations. These modifications
are listed below:
------------------------------------------------------------------------
Current New
------------------------------------------------------------------------
Diethylene glycol butyl ether Poly(2-8)alkylene glycol
acetate. monoalkyl(C1-C6) ether acetate.
2-Ethoxyethanol.................... Ethylene glycol monoalkyl ethers.
Ethylene glycol ethyl ether........ Ethylene glycol monoalkyl ethers.
Ethylene glycol isopropyl ether.... Ethylene glycol monoalkyl ethers.
Ethylene glycol methyl ether....... Ethylene glycol monoalkyl ethers.
------------------------------------------------------------------------
(b) The IMO has revised the Pol. Cat. of a number of entries by
``upgrading'' the category from ``III'' to ``D''. These entries are
listed below:
(1) Diethanolamine
(2) Diethylene glycol
(3) Diethylene glycol ethyl ether (under the entry poly(2-
8)alkylene glycol monoalkyl(C1-C6) ether)
(4) Polypropylene glycol methyl ether (under the entry poly(2-
8)alkylene glycol monoalkyl(C1-C6) ether)
(5) Sulfolane
(6) Triethylene glycol butyl ether (under the entry poly(2-
8)alkylene glycol monoalkyl(C1-C6) ether)
These entries will be added to the list in Sec. 151.47.
(c) The IMO has also revised the Pol. Cat. of a number of entries
included in the list in Sec. 151.47 by ``upgrading'' each from ``D'' to
a higher category. These entries are listed below:
(1) sec-Butyl acetate
(2) Ethylene glycol methyl ether acetate
(3) Octyl acetate
(4) Sodium silicate solution
These entries will be removed from the list in Sec. 151.47.
(d) The IMO has also revised the Pol. Cat. of two entries in
Sec. 151.49(a), the list of category C oil-like NLSs. They are,
diethylbenzene and ethylbenzene. These entries will be removed from
Sec. 151.49(a).
Because the United States is a party to the International
Convention for the Prevention of Pollution from Ships, 1973 as modified
by the protocol of 1978 relating thereto (MARPOL 73/78), these
amendments are required to ensure that the Coast Guard regulations are
consistent with revisions to IMO's chemical codes, which took effect
July 1, 1994. Accordingly, the Coast Guard finds that good cause exists
under 5 U.S.C. 553(b) to publish this rule without opportunity for
comment. The public was notified of the upgrades to be made by this
final rule in an appendix to the Bulk Hazardous Materials NPRM (58 FR
29937) published on May 20, 1993.
Regulatory Evaluation
This rulemaking is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. It has not been reviewed by the Office of Management and
Budget under that order. It is 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 Evaluation under
paragraph 10e of the regulatory policies and procedures 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
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider the economic impact on small entities of a
rule for which a general notice of proposed rulemaking is required.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000. This rule does not require a general
notice of proposed rulemaking and, therefore, is exempt from the
requirements of the Act. Although this rule is exempt, the Coast Guard
has reviewed it for potential impact on 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 largely administrative in nature and will
merely update current lists in Coast Guard regulations, there should be
no Federalism implications.
However, the authority to implement the requirements of this rule
has been committed to the Coast Guard by Federal statutes and the
importance of uniform requirements in the carriage of bulk hazardous
cargo aboard ships moving from port to port requires that the Coast
Guard preempt conflicting State and local requirements in the same
subject area.
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.
Sec. 151.47 [Amended]
2. In Sec. 151.47, remove the following entries:
a. sec-Butyl acetate.
b. Ethylene glycol methyl ether acetate.
c. Octyl acetate.
d. Poly(2-8)alkylene glycol monoalkyl(C1-C6) ether.
e. Poly(2-8)alkylene glycol monoalkyl(C1-C6) ether acetate.
3. Section 151.47 is amended further as follows:
a. Remove the words ``Diethylene glycol butyl ether acetate'' and
add, in their place, the words ``Diethylene glycol butyl ether acetate,
see Poly(2-8)alkylene glycol monoalkyl(C1-C6) ether acetate''.
b. Remove the word ``2-Ethoxy-ethanol'' and add, in its place, the
words ``2-Ethoxyethanol, see Ethylene glycol monoalkyl ethers''; remove
the words ``Ethylene glycol ethyl ether'' and add, in their place, the
words ``Ethylene glycol ethyl ether, see Ethylene glycol monoalkyl
ethers''.
c. Remove the words ``Ethylene glycol isopropyl ether'' and add, in
their place, the words ``Ethylene glycol isopropyl ether, see Ethylene
glycol monoalkyl ethers''.
d. Remove the words ``Ethylene glycol methyl ether'' and add, in
their place, the words ``Ethylene glycol methyl ether, see Ethylene
glycol monoalkyl ethers''.
4. In Sec. 151.47, add the following new entries in chemically
proper alphabetized order:
* * * * *
Diethanolamine
Diethylene glycol
Diethylene glycol ethyl ether, see Poly(2-8)alkylene glycol
monoalkyl(C1-C6) ether
Ethylene glycol monoalkyl ethers
Including:
2-Ethoxyethanol
Ethylene glycol butyl ether
Ethylene glycol tert-butyl ether
Ethylene glycol ethyl ether
Ethylene glycol methyl ether
Ethylene glycol n-propyl ether
Ethylene glycol isopropyl ether
Poly(2-8)alkylene glycol monoalkyl(C1-C6) ether
Including:
Diethylene glycol butyl ether
Diethylene glycol ethyl ether
Diethylene glycol n-hexyl ether
Diethylene glycol methyl ether
Diethylene glycol n-propyl ether
Dipropylene glycol butyl ether
Dipropylene glycol methyl ether
Polypropylene glycol methyl ether
Triethylene glycol butyl ether
Triethylene glycol ethyl ether
Triethylene glycol methyl ether
Tripropylene glycol methyl ether
Poly(2-8)alkylene glycol monoalkyl(C1-C6) ether acetate
Including:
Diethylene glycol butyl ether acetate
Diethylene glycol ethyl ether acetate
Diethylene glycol methyl ether acetate
Polypropylene glycol methyl ether, see Poly(2-8)alkylene glycol
monoalkyl(C1-C6) ether
Propylene glycol monoalkyl ether
Including:
n-Propoxypropanol
Propylene glycol n-butyl ether
Propylene glycol ethyl ether
Propylene glycol methyl ether
Sulfolane
Triethylene glycol butyl ether, see Poly(2-8)alkylene glycol
monoalkyl(C1-C6) ether
* * * * *
Sec. 151.49 [Amended]
5. In Sec. 151.49(a), remove the entries ``Diethylbenzene'' and
``Ethylbenzene''.
Dated: August 1, 1994.
Joseph J. Angelo,
Acting Chief, Office of Marine Safety, Security and Environmental
Protection.
[FR Doc. 94-20716 Filed 8-30-94; 8:45 am]
BILLING CODE 4910-14-P