[Federal Register Volume 60, Number 125 (Thursday, June 29, 1995)]
[Rules and Regulations]
[Pages 34038-34039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15750]




[[Page 34037]]

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Part V





Department of Transportation





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Coast Guard



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33 CFR Part 151, et al.



Noxious Liquid Substances Lists, et al.; Final Rules

  Federal Register / Vol. 60, No. 125 / Thursday, June 29, 1995 / Rules 
and Regulations  

[[Page 34038]]


DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 151

[CGD 95-901]
RIN 2115-AF08


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 by making minor technical and 
editorial changes and corrections. This action also updates the current 
lists of oil-like and non-oil-like NLSs allowed for carriage.

EFFECTIVE DATE: This rule is effective on June 29, 1995.

ADDRESSES: Unless otherwise indicated, documents referred to in this 
preamble are available for inspection or copying at the office of the 
Executive Secretary, Marine Safety Council (G-LRA/3406) (CGD 95-901), 
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 Rulemaking

    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 95-900) and a final rule 
(CGD 94-902) concerning cargo entries the Coast Guard has reason to 
believe are obsolete.

Regulatory Information

    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. Accordingly, the 
Coast Guard finds that good cause exists under 5 U.S.C. 553(b) and 
553(d)(3) to publish this rule without opportunity for comment, 
effective upon publication in the Federal Register.

Background and Purpose

    The Coast Guard is revising its lists of Category D NLSs by 
including in these lists 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 95-
900). These are chemicals recently authorized or added to the IMO's 
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)). This rulemaking merely updates Coast 
Guard chemical lists in 33 CFR part 151 and makes a non-substantive 
editorial change.

Discussion of Amendments

    The new entries to be added to Sec. 151.47 are--
    (a) 2-Ethyl-2-(hydroxymethyl)propane-1,3-diol, C8-C10 ester;
    (b) Glycerol monoleate;
    (c) Lecithin (soyabean);
    (d) Polybutenyl succinimide; and
    (e) Zinc alkenyl carboxamide.
    This action also updates the current lists of oil-like and non-oil-
like NLSs in Sec. 151.49(a) by deleting the entry ``Dipentene'', and 
adding the entry ``Heptane (all isomers)'' to follow the entry 
``Ethylcyclohexane''. The non-substantive editorial change would 
substitute Roman type for bold faced type where it appears in the list 
in Sec. 151.47.

Regulatory Evaluation

    This final rule 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 regulatory 
policies and procedures of the Department of Transportation (DOT) (44 
FR 11040; February 26, 1979). This rulemaking would merely update NLS 
lists by adding cargoes to the Coast Guard lists and by making a non-
substantive editorial change. The Coast Guard expects the economic 
impact of this rule to be so minimal that a full Regulatory Evaluation 
under paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary.

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 to 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 rulemaking would merely update NLS lists by adding cargoes 
recently authorized by the Coast Guard or added to the IMO Chemical 
Codes and by making a non-substantive editorial change. Because it 
expects the impact of this final rule to be minimal, the Coast Guard 
certifies under 5 U.S.C. 605(b) 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 rule in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment. 
Because this rulemaking would merely update current lists in Coast 
Guard regulations, there are no Federalism implications.

Environment

    The Coast Guard has considered the environmental impact of this 
rule 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 update of current 
lists to add chemicals already approved under Coast Guard regulation or 
international law and clearly would have no impact on the environment. 
A Categorical Exclusion Determination is available in the docket for 
inspection or copying where indicated under ADDRESSES.

[[Page 34039]]


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, AND BALLAST WATER

    1. The authority citation for part 151, subpart A, 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 all boldfaced type wherever it may appear 
and add, in its place, Roman type.
    3. In Sec. 151.47, add the following new entries in chemically 
proper alphabetized order:
* * * * *
2-Ethyl-2-(hydroxymethyl)propane-1,3-diol, C8-C10 ester
Glycerol monooleate
Lecithin (soyabean)
Polybutenyl succinimide
Zinc alkenyl carboxamide
* * * * *


Sec. 151.49  [Amended]

    4. In Sec. 151.49(a), remove the entry ``Dipentene'', and add the 
entry ``Heptane (all isomers)'' to follow the entry 
``Ethylcyclohexane''.

    Dated: June 15, 1995.
J. C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety, 
Security and Environmental Protection.
[FR Doc. 95-15750 Filed 6-28-95; 8:45 am]
BILLING CODE 4910-14-M