[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Notices]
[Pages 30612-30615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15337]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2009-0553]


Material Safety Data Sheet Requirement in the International 
Convention for the Safety of Life at Sea

AGENCY: Coast Guard, DHS.

ACTION: Notice of effective date.

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SUMMARY: In the interest of providing seafarers with clear, concise, 
and accurate information on the health effects of certain toxic 
substances, the International Maritime Organization (IMO) recently 
amended the International Convention for the Safety of Life at Sea 
(SOLAS), 1974, to require Material Safety Data Sheets (MSDSs) for ships 
carrying oil or oil fuel as defined in regulation 1 of Annex I of the 
International Convention for the Prevention of Pollution from Ships, 
1973, as modified by the Protocol of 1978 relating thereto (MARPOL). 
Once accepted by member States in accordance with Article VIII of 
SOLAS, and effective January 1, 2011, SOLAS will require that each ship 
subject to SOLAS and carrying oil or oil fuel as defined in MARPOL must 
be provided with MSDSs prior to loading such oil as cargo in bulk or 
oil fuel. Additionally, the IMO has recommended a format and content 
for the MSDSs, and that recommendation becomes effective July 1, 2009; 
the Coast Guard encourages this recommended format, which is set out 
below.

DATES: If accepted in accordance with the Convention, the SOLAS 
requirement

[[Page 30613]]

that vessels be provided with MSDSs will become effective on January 1, 
2011. The recommended IMO content and format for MSDS was approved 
effective July 1, 2009.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or e-mail Dr. Alan L. Schneider, CG-5223, Coast Guard, telephone 
202-372-1421, e-mail [email protected]. If you have questions 
on viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

IMO Requirement That MSDSs Be Provided

    In October of 2007, IMO adopted amendments to SOLAS chapter VI, 
inserting a new regulation 5-1 to read as follows:

    Ships carrying oil or oil fuel, as defined in regulation 1 of 
Annex 1 of the International Convention for the Prevention of 
Pollution from Ships, 1973, as modified by the Protocol of 1978 
relating thereto, shall be provided with Material Safety Data 
Sheets, based on the recommendations developed by the Organization,* 
prior to the loading of such oil as cargo in bulk or bunkering of 
oil fuel.
    * Refer to the Recommendation for material safety data sheets 
(MSDS) for MARPOL Annex I cargoes and marine fuel oils, adopted by 
the Organization by resolution MSC.150(77), as may be amended.

The term ``Annex I cargoes'' refers to those oil cargoes included in 
Annex I (oils and oil products) of MARPOL; the term does not refer to 
chemicals.
    The 2007 amendment created an anomaly in the application of SOLAS 
requirements. In June 2009, IMO amended regulation 1 of SOLAS Chapter 
VI to add the following to the first sentence, ``Except as otherwise 
provided, t'' and struck the ``T'', so that the text reads, ``Except as 
otherwise provided, this * * * .'' Additionally, regulation 5-1, as 
amended, continues to read as set forth above. The effect of this 
action is to harmonize Regulation 1 with the amended Regulation 5-1. 
The effective date of both regulations is January 1, 2011.
    When accepted in accordance with the Convention Article VIII, the 
amendments to SOLAS chapter VI will enter into force on January 1, 
2011. Accordingly, beginning January 1, 2011, State parties to SOLAS 
can be expected to verify that ships subject to SOLAS have been 
provided with MSDSs, as required. After that date, all U.S. flagged 
SOLAS vessels traveling overseas should expect foreign Administrations 
to ask for MSDSs for each Annex I cargo and marine oil fuel on board. 
Also, after January 1, 2011, all U.S. and foreign flagged SOLAS vessels 
in U.S. ports should anticipate that the Coast Guard will ask for 
MSDSs, as part of its domestic and foreign vessel compliance activities 
and in fulfillment of the United States' duties as a party to the SOLAS 
convention.
    Because the IMO only recently adopted the recommended format and 
content for MSDSs, the Coast Guard will provide a future notice 
containing detailed enforcement guidance, including MSDS guidance for 
vessels involved in lightering operations. For now, the Coast Guard 
recommends that MSDSs provided to a ship follow the recommended IMO 
content and format contained below. The Coast Guard anticipates that 
these MSDSs will be provided by the oil terminal or bunker supplier, 
unless otherwise arranged by the cargo/bunker supplier and the ship 
interests. It is further expected that ship-board personnel will have 
access to these MSDSs in a working language or languages understood by 
them. Additionally, occupational exposure limits referenced in an MSDS 
should be based on internationally recognized standards.
    Although the SOLAS requirements for MSDSs do not apply to vessels 
not subject to SOLAS, such as unmanned inland barges, other 
regulations, such as 46 CFR 197.565, may require MSDSs to be on board.
    In most cases, as a matter of good safety practice, vessels will 
already have MSDSs for all cargoes and these MSDSs usually will contain 
the recommended information. An MSDS may contain more information than 
the IMO recommends. In some cases, certain recommended data may not 
apply to the bulk liquid in question (data not applicable should be so 
noted); however, since some IMO member States may require all of the 
recommended information, it may be a good idea to include all 
recommended data.

Coast Guard Recommendation as to Layout and Content of MSDSs

    Effective July 1, 2009, the IMO adopted the ``Recommendation for 
Material Safety Data Sheets for MARPOL Annex I Cargoes and Marine Fuel 
Oils.'' The Coast Guard supports and encourages this recommendation in 
its entirety. Accordingly, the Coast Guard encourages industry to apply 
the following recommendations for the layout and content of an MSDS.

 Recommendations for Material Safety Data Sheets (MSDSs) for Marine Use Suitable To Meet the Particular Needs of
the Marine Industry Containing Safety, Handling, and Environmental Information To Be Supplied to a Ship Prior to
              the Loading of MARPOL Annex I Type Oil as Cargo in Bulk and the Bunkering of Oil Fuel
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         Section                       Heading                                     Content
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1.......................  Identification of the substance   Name of the category--see Guidelines following this
                           or mixture and of the supplier.   table for MARPOL Annex I type oil cargoes and oil
                                                             fuels.
                                                            The name of the substances. Trade name of the
                                                             substances.
                                                            Description on Bill of Lading (B/L), Bunker Delivery
                                                             Note or other shipping document.
                                                            Other means of identification.
                                                            Supplier's details (including name, address,
                                                             telephone number, etc.).
                                                            Emergency telephone number.
2.......................  Hazards identification..........  GHS \1\ classification of the substance/mixture and
                                                             any regional information.
                                                            Other hazards which do not result in classification
                                                             (e.g., hydrogen sulfide) or are not covered by the
                                                             GHS.
                                                            See Guidelines following this table.
3.......................  Composition/information on        Common name, synonyms, etc. Impurities and
                           ingredients.                      stabilizing additives which are themselves
                                                             classified and which contribute to the
                                                             classification of the substances.
                                                            The chemical identity and concentration or
                                                             concentration ranges of all ingredients which are
                                                             hazardous within the meaning of GHS and are present
                                                             above their cut-off levels. Cut-off level for
                                                             reproductive toxicity, carcinogenicity and category
                                                             1 mutagenicity is 0.1%. Cut-off level for all other
                                                             hazard classes is 1%.
                                                            See Guidelines following this table.

[[Page 30614]]

 
4.......................  First aid measures..............  Description of necessary measures, subdivided
                                                             according to the different routes of exposure,
                                                             i.e., inhalation, skin and eye contact and
                                                             ingestion.
                                                            Most important symptoms/effects, acute and delayed.
                                                            Indication of immediate medical attention and
                                                             special treatment, if necessary.
5.......................  Fire-fighting measures..........  Suitable extinguishing media.
                                                            Specific hazards arising from the chemical (e.g.,
                                                             nature of any hazardous combustion products).
                                                            Special protective equipment and precautions for
                                                             fire-fighters.
6.......................  Accidental release measures.....  Personal precautions, protective equipment and
                                                             emergency procedures.
                                                            Environmental precautions.
                                                            Methods and materials for containment and clean-up.
7.......................  Handling and storage............  Precautions for safe handling.
                                                            Conditions for safe storage, including any
                                                             incompatibilities.
8.......................  Exposure controls/personal        Control parameters (e.g., occupational exposure
                           protection.                       limit values).
                                                            Appropriate technical precautions.
                                                            Individual protection measures, such as personal
                                                             protective equipment.
9.......................  Physical and chemical properties  See Guidelines following this table.
10......................  Stability and reactivity........  Chemical stability. Possibility of hazardous
                                                             reactions.
                                                            Conditions to avoid (e.g., static discharge).
11......................  Toxicological information.......  Concise but complete and comprehensible description
                                                             of the various toxicological (health) effects and
                                                             the available data used to identify those effects,
                                                             including:
                                                              Information on the likely routes of exposure
                                                            (inhalation, ingestion, skin and eye contact);
                                                              Symptoms related to the physical, chemical and
                                                            toxicological characteristics;
                                                              Delayed and immediate effects and also chronic
                                                            effects from short- and long-term exposure.
                                                            Numerical measures of toxicity (such as acute
                                                             toxicity estimates).
                                                            See Guidelines following this table.
12......................  Ecological information..........  Ecotoxicity (aquatic and terrestrial, where
                                                             available).
                                                            Persistence and degradability.
                                                            Bioaccumulation potential.
                                                            Mobility in soil.
                                                            Other adverse effects.
                                                            See Guidelines following this table.
13......................  Disposal considerations.........  Description of waste residues and information on
                                                             their safe handling and methods of disposal, in
                                                             line with MARPOL requirements.
14......................  Transport information...........  UN number, where applicable.
                                                            UN Proper shipping name, where applicable.
                                                            Transport Hazard class(es), where applicable.
                                                            Special precautions which a user needs to be aware
                                                             of or needs to comply with in connection with
                                                             transport (e.g., heating and carriage
                                                             temperatures).
                                                            Note that this product is being carried under the
                                                             scope of MARPOL Annex I.
15......................  Regulatory information..........  Safety, health and environmental regulations
                                                             specific for the product in question.
16......................  Other information including       Version No.
                           information on preparation and   Date of issue.
                           revision of the MSDS.            Issuing source.
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\1\ Globally Harmonized System of Classification and Labelling of Chemicals (GHS), United Nations (2007 edition,
  as revised).

Guidelines for the Completion of MSDSs for MARPOL Annex I Type Oil as 
Cargo in Bulk and Oil Fuel

1. Categories of Liquids

    The following categories subdivide the full scope of substances 
covered by Annex I of MARPOL 73/78 and set in groups specific products 
for general identification purposes.

1.1 crude oils;
1.2 fuel and residual oils, including ship's bunkers;
1.3 unfinished distillates, hydraulic oils and lubricating oils;
1.4 gas oils, including ship's bunkers;
1.5 kerosenes;
1.6 naphthas and condensates;
1.7 gasoline blending stocks;
1.8 gasoline and spirits; and
1.9 asphalt solutions.

2. Properties and Information

    In addition to properties and information specified in the above 
table containing the recommended MSDS format, the following properties 
and information should be reported:

2.1 for the following provide appropriate hazards identification in 
section 2, composition/information on ingredients in section 3, and 
toxicological information in section 11 of the MSDS:
2.1.1 Benzene--if present >=0.1% by weight (even if naturally occurring 
ingredient of the material);
2.1.2 Hydrogen sulfide--if present at any concentration, in liquid and 
vapor phases, or if possible to accumulate in a tank's vapor space; and
2.1.3 Total Sulfur--if present >=0.5% by weight, identify in section 3 
and warn of potential for hydrogen sulfide evolution in sections 2 and 
11;
2.2 for physical and chemical properties in section 9 of the MSDS:

[[Page 30615]]

2.2.1 appearance (physical state, color, etc.);
2.2.2 odor;
2.2.3 pour point;
2.2.4 boiling range;
2.2.5 flash point;
2.2.6 upper/lower flammability or explosive limits;
2.2.7 vapor pressure (Reid vapor pressure (RVP) when appropriate);
2.2.8 vapor density;
2.2.9 density;
2.2.10 auto-ignition temperature; and
2.2.11 kinematic viscosity; and
2.3 for ecological information in section 12 of the MSDS: Persistent or 
non-persistent oil as per the International Oil Pollution Compensation 
(IOPC) Fund definition.

    This notice is issued under the authority of 33 U.S.C. 1231, 
1321(j), and 1903(b).

    Dated: June 24, 2009.
Jeffrey G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. E9-15337 Filed 6-24-09; 4:15 pm]
BILLING CODE 4910-15-P