Noxious Liquid Substances, Obsolete Hazardous Materials in Bulk, and Current Hazardous Materials in Bulk

AGENCY:

Coast Guard, DOT.

ACTION:

Direct final rule.

SUMMARY:

The Coast Guard revises its rules on carriage of hazardous materials in bulk, treating the rules in three parts. This three-part revision will update the tables of hazardous materials transportable in bulk and better inform persons shipping any such materials of those materials' compatibility and of requirements for special handling. It should make the carriage of such materials safer.

DATES:

This rule is effective March 8, 2001, unless a written adverse comment or a written notice of intent to file one reaches the Docket Management Facility on or before February 6, 2001. If either does reach the Facility, the Coast Guard may withdraw this rule and publish a timely notice of withdrawal in the Federal Register. If neither does, the Coast Guard will publish a document affirming the effectiveness of this rule. If an adverse comment applies to an amendment, a section, or a paragraph of this rule and we can withdraw that provision without defeating the purpose of this rule, we may withdraw that provision and adopt as final only the other provisions.

ADDRESSES:

Please identify your comments and related material for this rulemaking by the number of the docket [USCG 2000-7079]. To make sure they do not enter the docket more than once, please submit them by only one of the following means:

(1) By mail to the Facility, U.S. Department of Transportation, room PL-401, 400 Seventh Street SW., Washington, DC 20590-0001.

(2) In person to room PL-401 on the Plaza level of the Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.

(3) By fax to the Facility at 202-493-2251.

(4) Electronically through the Web site for the Docket Management System at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT:

For questions on this rule, call Mr. Curtis G. Payne, Project Manager, Hazardous Materials Standards Division, Coast Guard, telephone 202-267-1217. For questions on viewing or submitting material to the docket, call Dorothy Beard, Chief, Dockets, Department of Transportation, telephone 202-366-9329.

The Facility maintains the public docket for this rulemaking. Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, will become part of this docket. You may inspect or copy them at room PL-401 on the Plaza level of the Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find them on the Internet at http://dms.dot.gov.

SUPPLEMENTARY INFORMATION:

We are revising our rules on Noxious Liquid Substances (NLSs) to include substances recently authorized for carriage by the Coast Guard or added to the Chemical Codes of the International Maritime Organization (IMO) and by making minor technical and editorial changes. We are revising our rules, tables, and lists on carriage of hazardous materials in bulk by deleting from our rules, tables, and lists commodities that are no longer liquid cargoes transportable in bulk, and by canceling the classifications of obsolete commodities not included in those rules, tables, and lists. We are revising our rules on carriage of hazardous materials in bulk by adding cargoes recently authorized for carriage by the Coast Guard or added to the Chemical Codes of the IMO and by making minor technical and editorial changes.

Request for Comments

The Coast Guard encourages you to participate in this rulemaking by submitting comments and related material. If you do so, please include your name and address, identify the number of the docket for this rulemaking [USCG 2000-7079], indicate the specific section of this document to which each comment applies, and give the reason for each comment. You may submit your comments and material by mail, in person, by fax, or electronically to the Facility at the address under ADDRESSES; but please submit your comments and material by only one means. If you submit them by mail or in person, submit them in an unbound format, no larger than 81/2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We may change this rule in view of them.

Regulatory Information

The Coast Guard is publishing a direct final rule, the procedures for which are outlined in 33 CFR 1.05-55, because it anticipates no adverse comment. If no written adverse comment or written notice of intent to submit one reaches the Facility within the specified comment period, this rule will become effective as stated in the DATES section. In that case, about 30 days before the effective date, we will publish a document in the Federal Register stating that we received no written adverse comments or written notice and confirming that this rule will become effective as scheduled. However, if we receive either, we will publish a document in the Federal Register announcing withdrawal of all or part of this rule. If an adverse comment applies to an amendment, a section, or a paragraph of this rule and we can withdraw the affected provision without defeating the purpose of this rule, we may withdraw that provision and adopt as final only the other provisions. If we decide to proceed with a rulemaking even after receipt of an adverse comment, we will withdraw the direct final rule and publish a separate notice of proposed rulemaking (NPRM) and provide a new opportunity for comment.

A comment is “adverse” if it explains why this rule would be inappropriate, by reason of either its premise or its approach, or would be ineffective or unacceptable without a change.

Background and Purpose

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), the Coast Guard must amend its rules to ensure that they stay consistent with the Chemical Codes of the IMO.

In this rule, we address Noxious Liquid Substances, Obsolete Hazardous Materials, and Current Hazardous Materials in Bulk.

Noxious Liquid Substances

The Coast Guard is revising its list of Category D other-than-oil-like NLSs, 33 CFR 151.47, and of Category D oil-like NLSs, 33 CFR 151.49(b).

The Coast Guard is revising its list of Category D NLSs by including in this list new entries added by Part C of this rule to Table 30.25-1 of 46 CFR and Tables 1 and 2 of 46 CFR part 153. These are chemicals recently authorized or added to two Chemical Codes of the IMO: “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 rule mainly updates our lists of chemicals in 33 CFR part 151. Further, because the names of several entries have changed, we will change them in the lists.

IMO has reevaluated several of the Category D chemicals so that they now belong to Pollution Category “III” or count both as “safety” hazards and as “pollution” hazards. Therefore, this rule will remove those currently in the lists.

Obsolete Hazardous Materials

IMO publishes the Circular of the Marine Environmental Protection Committee (MEPC), “Provisional Categorization of Liquid Substances,” a list of commodities whose carriage as bulk liquid cargoes it permits but that it has not yet entered into its Chemical Codes. It reissues the Circular in December of each year. The current edition is MEPC.2/Circ.5, dated December 17, 1999. The purpose of the Circular is to publish “* * * the lists of products, the pollution category and minimum carriage requirements of which have been established through Tripartite Agreements and registered with the Secretariat * * * ” of the Sub-Committee on Bulk Liquids and Gases (BLG) of the IMO.

Of the commodities listed in the Circular, those that have been submitted by the various Administrations to the Working Group on Evaluation of Safety and Pollution Hazards (ESPH) of Chemicals, or that are mixtures of pollutant-only materials, appear in the lists without date of expiry. All other commodities appear with dates of expiry of three years from when first published in the Circular. This grace period of three years is to allow the proposed new commodity to be submitted to the Working Group for final evaluation and inclusion in the Codes, or, as is most often the case, to allow time for any testing that may be needed to complete the data form from IMO where the data were missing in the original submission. At the end of the grace period, any commodity not submitted to the Working Group drops from the Circular and is no longer eligible for carriage in bulk. This rule identifies those commodities.

Last, the Coast Guard periodically reviews its rules, tables, and lists to determine whether any commodities in 33 and 46 CFR are no longer being either manufactured at all or moved in bulk by vessel, and are therefore appropriate for deletion. For interested parties, a preliminary list of commodities that may have become obsolete appears in supplemental material available in the docket [USCG 2000-7079] from the Docket Management Facility.

Current Hazardous Materials in Bulk

This rule updates various hazardous materials tables in 46 CFR parts 30, 150, 151, and 153 to include new chemicals and requirements authorized by international law or by other of our rules. This rule would also make other non-substantive editorial changes.

Supplemental material is available in the docket [USCG 2000-7079], again from the Docket Management Facility.

Discussion of Changes

Noxious Liquid Substances

(a) IMO has assigned the following chemicals to Pollution Category D. We will enter them in 33 CFR 151.47, Category D NLSs other than oil-like Category D NLSs that may be carried under this part.

Aluminum sulfate solution

Coconut oil fatty acid methyl ester

Copper salt of long chain (C17+) alkanoic acid

Dialkyl (C8-C9) diphenylamines

Ethoxylated long chain (C16+) alkyloxyalkanamine

Glyphosate solution (not containing surfactant)

Methyl amyl ketone

Polyolefin amide alkeneamine (C17+)

Sulfonated polyacrylate solution

Sulfurized fat (C14-C20)

Sulfurized polyolefinamide alkene (C28-C250) amine

(b) IMO has reevaluated five chemicals in Pollution Category D and assigned them as cargoes in Pollution Category “III”. We will remove them from § 151.47. They are:

Decane

Decylbenzene

Dialkyl (C10-C14) benzenes

Lecithin (soyabean)

Zinc alkenyl carboxamide

(c) IMO has reevaluated several chemicals and has, on the basis of this, designated them as both “safety” hazards and “pollution” hazards. We will remove them from § 151.47. They are:

Diethanolamine

2-Ethoxyethanol

Ethylene glycol ethyl ether

Ethylene glycol isopropyl ether

Ethylene glycol methyl ether

Ethylene glycol monoalkyl ethers

(d) One entry, “palm kernel oil, fatty acid methyl ester” is obsolete. We will remove it from § 151.47.

(e) We will move names incorrectly cross-referred to under “Polypropylene glycol methyl ether” so they correctly cross-refer to “Propylene glycol monoalkyl ether.”

(f) We will remove “Diisopropyl naphthalene” from the list of Category D oil-like NLSs in 33 CFR 151.49(b). We revised the Pollution Category for this chemical according to the Group of Experts on the Scientific Aspects of Marine Environmental Protection (GESAMP) Hazard Profile. The new Category is “A.” This leaves paragraph (b) an empty set, but we will reserve it.

Obsolete Hazardous Materials

We identify below commodities canceled and deleted from the IMO Circular MEPC.2/Circ.5, PROVISIONAL CATEGORIZATION OF LIQUID SUBSTANCES, and also canceled and deleted from our rules, tables, and lists. We identify the commodities by the IMO Tripartite List in which they appeared with the number of the list in the right-hand column.

IMO Tripartite Lists, MEPC.2/Circ.5, Provisional Categorization of Liquid Substances

List 1: Pure or technically pure substances.

List 2: Pollutant only mixtures classified by calculation or assessed as a mixture.

List 3: Trade-named substances with safety hazards.

List 4: Pollutant only mixtures with greater than 3% unassessed components.

A diamond “A” preceding the name of the cargo indicates the sponsorship of the cargo by the Coast Guard for the U.S. in the Tripartite Agreement process. The absence of a diamond indicates sponsorship of the cargo by an Administration of another country, counterpart to the Coast Guard.

In light of the foregoing, we cancel all chemicals below, referred to in one or another of the four Tripartite Lists, and delete them as bulk liquid cargoes. They are no longer transportable in bulk by the water mode.

Commodities Deleted From IMO Tripartite Lists, MEPC.2

The commodities entered below are ones that we have evaluated for carriage but have not included in this rule, and ones that information we hold indicates no longer to be valid bulk liquid cargoes. We are removing them from our rules, tables, and lists. They are:

Caustic and petroleum residue (dated 30 Mar 90)

Contaminated waste water (dated 20 Mar 85)

Pond waste water (dated 23 Mar 87)

Rainwater contaminated with pink/red water (dated 19 Oct 83)

Waste water (aniline production) (dated 28 Sep 90)

Waste water, Bottom sediment sludge (wood preserving process) (dated 25 Feb 83)

Waste water (coal tar distillation) (dated 20 Apr 94)

Waste water (pond waste water) (dated 11 Sep 97)

Waste water (Santos, Brazil) (dated 15 Jan 93)

The commodities entered below are ones that we had evaluated for carriage and had included in our rules but ones that information we hold indicates no longer to be valid bulk liquid cargoes. We are removing them from our rules, tables, and lists. Again, they are:

Potassium polysulfide, Potassium thiosulfate solution (41% or less)

Propanil, Mesityl oxide, Isophorone mixture

Trifluralin in Xylene

The following commodities, being ones whose classifications the IMO cancelled or ones the Coast Guard believes are no longer viable bulk liquid cargoes, are no longer transportable by the water mode as cargoes in bulk.

A-964

AL 150

Alkaryl polyethers (C65-C95)

Alcohol(C9-C11)(primary)ethoxylated

AMOCO 2400

AMOCO 8072F

AMOCO 9267

Antifreeze 511

AO 5301

Arcol 1131 (1,2,3-propanetriol polymer)

ARCOL Polyol 1905

Atar cresylic acid

BEROLAMINE 20

Brake fluid component 5/9

Brake Fluid ET 462

CALTEX CODE 599067

CALTEX CODE 599178

Caustic and petroleum residue (dated 30 Mar 90)

1-(4-Chlorophenyl)-4,4-dimethyl-3-pentanone

Contaminated waste water (dated 20 Mar 85)

Co-solvent alcohol

Crude Dipe

Depitched tar acid

Diphenyl cresyl phosphate

2-Ethylhexyl-2-(2,4-dichlorophenoxy) propionate

HiTEC 162

HiTEC 164

HiTEC 168

HiTEC 244

HiTEC 318

HiTEC 370

HiTEC 612

HiTEC 613

HiTEC 615

HiTEC 619

HiTEC 644

HiTEC 646

HiTEC 648

HiTEC 685

HiTEC 921

HiTEC 1102

HiTEC 2403

HiTEC 2769

HiTEC 2831

HiTEC 2837

HiTEC 2908

HiTEC 2933

HiTEC 2934

HiTEC 4103

HiTEC 4105

HiTEC 4738

HiTEC 4782

HiTEC 4940

HiTEC 4941

HiTEC 4949

HiTEC 4950

HiTEC 4961

HiTEC 4963A

HiTEC 4980

HiTEC 4992

HiTEC 4997

HiTEC 6653

HiTEC 7011

HiTEC 7023

HiTEC 7034

HiTEC 7049

HiTEC 7065

HiTEC 7084

HiTEC 7100

HiTEC 7160

HiTEC 7169

HiTEC 7198

HiTEC 7222

HiTEC 7239

HiTEC 7243

HiTEC 7303

HiTEC 7304

HiTEC 7305

HiTEC 7333

HiTEC 7334

HiTEC 7365

HiTEC 7383

HiTEC 7405

HiTEC 7410

HiTEC 7465

HiTEC 7562

HiTEC 7569

HiTEC 7576

HiTEC 7635

HiTEC 7636

HiTEC 7650

HiTEC 7714

HiTEC 7720

HiTEC 7741

HiTEC 7744

HiTEC 7829

HiTEC 7957

HiTEC 9268

HiTEC 9290

HiTEC 9298

Light end/Heavy end Chlorinated hydrocarbon mixture

LINCOL 86M

LM 114

LUBRIZOL 3580P

LUBRIZOL 4720A

LUBRIZOL 4723B

LUBRIZOL 4837W

LUBRIZOL 4856J

LUBRIZOL 4887

LUBRIZOL 4898S

LUBRIZOL 4911F

LUBRIZOL 4912

LUBRIZOL 4923

LUBRIZOL 4975G

LUBRIZOL 73725

LUBRIZOL 74888

LUBRIZOL 74890

LUBRIZOL 78008

LUBRIZOL 8888Z

M-50-A

MANRO SXS 40

MCP 121

MCP 239B

MCP 955A

MCP 1064D

MD-E-18

MD-E-20

MOBILAD 232

MOBILAD C241B

MOBIL Stock 2631

Natural (animal/vegetable) fatty acids,

(C16-C20) sat/unsat., methyl esters and

triglycerides, sulfurized

t-Octylamine

OGA 558R

OGA 4784

OLOA 246B

OLOA 758A

OLOA 2564A

OLOA 2564B

OLOA 2820

OLOA 2990

OLOA 6039M

OLOA 6063U

OLOA 6109

OLOA 6121

OLOA 6741

OLOA 6743

OLOA 6832

OLOA 6847

OLOA 6847D

OLOA 6848

OLOA 6853

OLOA 6854

OLOA 6856

OLOA 6858

OLOA 6859

OLOA 6859D

OLOA 6881

OLOA 6981

OLOA 8167FA

OLOA 8167G

OLOA 8172

OLOA 8172A

OLOA 8172M

OLOA 8177

OLOA 8177C

OLOA 8179

OLOA 8179A

OLOA 8380G

OLOA 8380V

OLOA 857P

OLOA 8804E

OLOA 8818

OLOA 8850

OLOA 8858

OLOA 8858B

OLOA 9091

OMA 431 CS(D)

OMA 4391

ORA 502

ORA 702

OXYSOLVE 80

PARADYNE 740

PARANOX 1155

PARANOX 5277

PARAPOID 48

Pentacosa(oxypropane-2,3-diyl)s

Pibsa

POBA

Pond waste water (dated 23 Mar 87)

Potassium polysulfide, Potassium thiosulfate solution (41% or less)

Propanil, Mesityl oxide, Isophorone mixture

Rainwater contaminated with pink/red water (dated 19 Oct 83)

REOFOS 95

REOFOS 664

RGA 900

SAP 3333

SAP 9413

Sodium chromate liquor

STOCK 1462

Stock 2921.0

TFA-4655

TFA-4711

TLA 2400

TLA 2418

TLA 2421

TLA 2422

TLA-2422A

TLA 2427

TLA 2906A

TLA 2907

TLA 2907A

TRILIN (TRIFLURALIN)

Trifluralin in Xylene

VAMMAR D9

VAMMAR D10

VORANOL CP 4100 S Polyol

Waste water (aniline production) (dated 28 Sep 90)

Waste water, Bottom sediment sludge (wood preserving process) (dated 25 Feb 83)

Waste water (coal tar distillation) (dated 20 Apr 94)

Waste water (Pond waste water) (dated 11 Sep 97)

Waste water (Santos, Brazil) (dated 15 Jan 93)

Current Hazardous Materials in Bulk

(a) We add a number of new cargoes to 46 CFR Tables 30.25-1, 151.05, and 1 and 2 of part 153. These comprise cargoes recently authorized by the Coast Guard and cargoes headed for the two Chemical Codes of the IMO—“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)—but not yet included in our rules. Among these cargoes are new ones approved at the IMO Sub-Committee on Bulk Liquids and Gases (BLG), first session, BLG 1, held March 4-8, 1996; the second intersessional meeting (ESPH 2), held September 23-7, 1996; the BLG 2 meeting held April 7-11, 1997; the ESPH 3 meeting held October 13-7, 1997; the BLG 3 meeting held July 6-10, 1998; the ESPH 4 meeting held September 28 through October 2, 1998; the BLG 4 meeting held April 12-6, 1999; and the ESPH 5 meeting held October 18-22, 1999.

(b) From 46 CFR Table 30.25-1, Tables I and II of part 150, Table 151.05, and Tables 1 and 2 of part 153, we remove all bold-faced type wherever it appears and add, in its place, Roman type. Likewise, in the “Cargoes” columns, we remove every “•” and “+” that precedes the name of a cargo.

(c) We revise the “Compatibility of Cargoes” tables in part 150 to include the chemicals added by this rule to the tables of hazardous materials in 46 CFR parts 30, 151, and 153.

Of specific note, we revised the Compatibility Groups of several lube-oil additives (LOAs). After discussions with the manufacturer of the LOAs' reactivity potential, we determined that the Group to which we had originally assigned each does not represent its true reactivity.

This rule also corrects several current names of cargoes and cross-refers to other entries in part 150.

(d) In its continued effort to maintain consistency between the rules on tankships (part 153) and those on tank barges (part 151), where applicable, the Coast Guard is adding to Table 1 of part 153 the special requirement in § 153.933, “Chemical protective clothing,” for the commodities below:

(1) Acetic acid

(2) Acetic anhydride

(3) Formic acid

(4) Phosphoric acid

(5) Propionic acid

By this means the Coast Guard brings Table 1 of part 153, like § 153.933, into substantial conformity with the rule on tank barges at § 151.50-73, “Chemical protective clothing.”

(e) In keeping with paragraph (d), the Coast Guard is also applying the special requirement of § 153.933 to the entry “Diethyl sulfate.” (The manufacturer recommended this.)

(f) We will “downgrade” many cargo names in the various tables and lists. These are names whose use as proper cargo names we currently allow but that we cross-refer to other names. That is, they will become non-names (by appearing in Italics and cross-referring to proper cargo names). See the Table of Changes.

(g) Cargo-specific actions of particular interest:

(1) Alkyl (C7-C9) nitrates. Correct the Pollution Category from A to B in Table 1 of 46 CFR part 153.

(2) Ammonium bisulfite. When ammonium bisulfite entered Table 1 of part 153 [60 FR 34051 (June 29, 1995)], we inadvertently omitted special requirement § 153.526, Toxic vapor detectors. With this rule we correct that oversight.

(3) Ammonium sulfide solution (45% or less). We correct the Pollution Category from C to B in Table 1 of part 153.

(4) Benzene hydrocarbon mixtures (containing Acetylenes) (having 10% Benzene or more), Benzene hydrocarbon mixtures (having 10% Benzene or more), and Benzene, Toluene, Xylene mixtures (having 10% Benzene or more). In Table 151.05, we added § 151.50-60 to the section Special Requirements. Final rule CGD 88-040 [56 FR 52112 (October 17, 1991)], which added this requirement, inadvertently did not also add it to the three entries in our rules on tank barges. We are correcting that oversight.

(5) Carbon tetrachloride. In Table I of part 150, carbon tetrachloride, Group 36 (Halogenated hydrocarbons), is not compatible with tetraethylenepentamine or triethylenetetramine, both Group 7 (Aliphatic amines).

(6) Caustic potash solution. We correct the Pollution Category from D to C in Table 1 of part 153.

(7) Dodecyl hydroxypropyl sulfide. The IMO has finalized the set of requirements for carriage of this commodity, bringing about two significant changes. First, IMO originally assigned this commodity to a cargo-containment system of type II (ship type 2) with the special requirement in § 153.409, High level alarms, and with a Provisional Pollution Category of A, or “[A].” Second, it has finally assigned it to a cargo-containment system of type I (ship type 1) with the special requirement in § 153.408, Tank overflow control, and with a final Pollution Category of A. The Coast Guard is revising its lists and tables to reflect these final assignments.

(8) Fatty acids (saturated, C13+). IMO has revised the cargo name “fatty acids (saturated, C13+)” to read “fatty acids (saturated, C14+),” a change in the carbon-range designator. It had to do this because an entry exists for “tridecanoic acid” a C13 fatty acid with a Pollution Category of B. But the current name “fatty acids (saturated, C13+),” Pollution Category III, includes “tridecanoic acid.” The Coast Guard is revising its lists and tables to pick up this change.

(9) 2-Hydroxyethyl acrylate. The Coast Guard has reevaluated the Compatibility Group, Part 150, for the cargo “2-hydroxyethyl acrylate” and assigned the cargo to Group 14, Acrylates. Currently, 2-Hydroxyethyl acrylate resides in Group 0 with restriction against stowage adjacent to Groups 2, 3, 5 to 8, and 12 in the Compatibility Chart. Its reassignment to Group 14 will retain both the current prohibition against stowage adjacent to Groups 5, 6, and 12 and the standard prohibition for Group 14 against stowage adjacent to Groups 2, 3, 7, and 8. Thus, there is no change in the actual requirements.

(10) Polyolefin amide alkeneamine (C28+). The Coast Guard has reevaluated the Compatibility Group, Part 150, for the cargo “Polyolefin amide alkeneamine (C28+).” Discussions with a manufacturer of this commodity have shown that the current assignment, to Group 7 (Amines), is inappropriate for these materials, which contain only a small fraction of unreacted amine and whose mineral-oil content acts as a buffer to any possible remaining hazardous reactivity. Upon review, we have determined that Group 33 (Miscellaneous hydrocarbon mixtures) is the more appropriate Compatibility Group for this cargo.

(11) Sodium sulfide solution (15% or less). We correct the Pollution Category from C to B in Table 1 of Part 153.

(12) 1,2,3-Trichloropropane. In table I of Part 150, 1,2,3-trichloropropane, Group 36 (Halogenated hydrocarbons), is not compatible with ethylenediamine, diethylenetriamine, or triethylenetetramine, all of Group 7 (Aliphatic amines).

(h) We otherwise correct or modify, as appropriate, current entries in the various lists and tables.

(i) New entries to Table 30.25-1:

Alcohol (C9-C11) poly(2.5-9)ethoxylate

Alkanes (C6-C9)

Alkyl ester copolymer (C4-C20)

Alkyl (C7-C11) phenol poly(4-12)ethoxylates

Alkyl (C8-C40) phenol sulfide

Alkyl (C9-C15) phenyl propoxylate

Alkyl sulfonic acid ester of phenol tert-Amyl methyl ether

Butyl alcohol (all isomers)

Calcium long chain alkyl (C5-C10) phenate

Calcium long chain alkyl (C11-C40) phenate

Copper salt of long chain (C17+) alkanoic acid

Dialkyl (C8-C9) diphenylamines

Ditridecyl adipate

Dodecyl hydroxypropyl sulfide

Ethoxylated long chain (C16+) alkyloxyalkanamine

Ethyl tert-butyl ether

Glyphosate solution (not containing surfactant)

1-Hexadecylnaphthalene, 1,4-bis(Hexadecyl)naphthalene mixture

2-Methyl-1,3-propanediol

Phosphate esters, alkyl (C12-C14) amine

Polyisobutenyl anhydride adduct

Polyolefin amide alkeneamine (C17+)

Potassium salt of polyolefin acid

Sulfurized fat (C14-C20)

Sulfurized polyolefinamide alkene (C28-C250) amine

(j) New entries to Table 151.05:

Alkylbenzenesulfonic acid (greater than 4%)

Cashew nut shell oil (untreated)

Cyclohexanone, Cychexanol mixture

Cyclopentadiene, Styrene, Benzene mixture

Dodecyl phenol

Glyoxylic acid solution (50% or less)

Toluenediamine

o-Toluidine

(k) New entries to Table 1 of Part 153:

Alcohol (C9-C11) poly (2.5-9) ethoxylate

Alkenyl (C16-C20) succinic anhydride

Alkylaryl phosphate mixtures (more than 40% Diphenyl tolyl phosphate, less than 0.02% ortho-isomer)

Alkyl (C8-C9) phenylamine in aromatic solvent

Alkyl (C10-C20, saturated and unsaturated) phosphite

Alkyl (C8-C10) polyglucoside solution (65% or less)

Alkyl (C12-C14) polyglucoside solution (55% or less)

Alkyl (C8-C10)/(C12-C14): (40% or less/60% or more) polyglucoside solution (55% or less)

Alkyl (C8-C10)/(C12-C14): (50/50%) polyglucoside solution (55% or less)

Alkyl (C8-C10)/(C12-C14): (60% or more/40% or less) polyglucoside solution (55% or less)

tert-Amyl methyl ether

Barium long chain (C11-C50) alkaryl sulfonate

Calcium long chain alkyl (C5-C10) phenate

1-(4-Chlorophenyl)-4,4-dimethyl pentan-3-one

N,N-Dimethyldodecylamine

Diphenylamine (molten)

Dithiocarbamate ester (C7-C35)

Dodecyl hydroxypropyl sulfide

Dodecyl-Octadecyl methacrylate mixture

Ethyl tert-butyl ether

S-Ethyl dipropylthiocarbamate

Glyoxylic acid solution (50% or less)

Hexamethylenediamine (molten)

Hexamethylene diisocyanate

N,N-bis(2-Hydroxyethyl) oleamide

3-(Methylthio)propionaldehyde

Nitroethane, 1-Nitropropane (each 15% or more) mixture

Paraldehyde-Ammonia reaction product

n-Pentanoic acid (64%), 2-Methyl butyric acid (36%) mixture

Phosphate esters, alkyl (C12-C14) amine

Polyisobutenamine in aliphatic (C10-C14) solvent

Polyolefinamine (C28-C250)

Poly(tetramethylene ether) glycols (mw 950-1050)

Potassium thiosulfate (50% or less)

1,2,4-Trichlorobenzene (molten)

Xylenes, Ethylbenzene (10% or more) mixture

(l) New entries to Table 2 of Part 153:

Ammonium thiosulfate solution (60% or less)

Sulfonated polyacrylate solution

Titanium dioxide slurry

(m) We have determined three entries in our tables and lists not to be bulk liquid cargoes, and will delete them. They are:

(1) Potassium polysulfide, Potassium thiosulfate solution (41% or less)

(2) Propanil, Mesityl oxide, Isophorone mixture

(3) Trifluralin in Xylene

One issue addressed in the supplemental material in the docket involves the supposed potential for incompatible stowage of isocyanate cargoes, Group 12, and water solutions of chemical cargoes. (See Appendix I [60 FR 34053 (June 29, 1995)]). Shippers and carriers of such cargoes should review the supplemental material available in the docket [USCG 2000-7079] for further information.

This Table of Changes lists all changes to existing entries with a brief explanation where helpful:

Regulatory Evaluation

This direct 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. The Office of Management and Budget has not reviewed it 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 will merely update lists of chemicals by adding cargoes to the lists that the Coast Guard already maintains and by making a few non-substantive editorial changes. We expect 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. 601-612), we considered whether this direct final rule will have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.

Although this rule is exempt, we have reviewed it for potential impact on small entities. This rule will merely update lists of chemicals by adding cargoes recently authorized by the Coast Guard or added to the IMO Chemical Codes and by making a few non-substantive editorial changes.

Therefore, 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. We will evaluate comments submitted in response to this finding under the criteria in the section of this preamble called Regulatory Information.

Assistance for Small Entities

In accordance with section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard wants to assist small entities in understanding this direct final rule so that they can better evaluate its effects on them and participate in the rulemaking. If this rule affects your small business or organization and you have questions concerning its provisions or options for compliance, please call Mr. Curtis G. Payne at 202-267-1217.

Collection of Information

This direct final rule will call for no collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

We have analyzed this direct final rule under Executive Order 13132 and have determined that this rule does not have sufficient implications for federalism to warrant the preparation of a Federalism Assessment. Because this rule would merely render current lists already maintained by the Coast Guard in its rules, there are no implications for Federalism.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) and E.O. 12875, Enhancing the Intergovernmental Partnership (58 FR 58093 (October 28, 1993)), govern the issuance of Federal rules that impose unfunded mandates. An unfunded mandate is a requirement that a State, local, or tribal government or the private sector incur direct costs without the Federal Government's having first provided the funds to pay those costs. This direct final rule will not impose an unfunded mandate.

Taking of Private Property

This direct final rule will not effect a taking of private property or otherwise have taking implications under E.O. 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.

Reform of Civil Justice

This direct final rule meets applicable standards in sections 3(a) and 3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.

Protection of Children

We have analyzed this direct final rule under E.O. 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children.

Environment

We considered the environmental impact of this direct final rule and concluded that, under figure 2-1, paragraph (34)(a) of Commandant Instruction M16475.1C, this rule is categorically excluded from further environmental documentation. This rule brings up to date lists already maintained by the Coast Guard in its rules to add chemicals already approved under those rules or under international law and clearly would have no impact on the environment. A Determination of Categorical Exclusion is available in the docket for inspection or copying where indicated under ADDRESSES.

List of Subjects

33 CFR Part 151

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

46 CFR Part 30

• Cargo vessels
• Foreign relations
• Hazardous materials transportation
• Penalties
• Reporting and recordkeeping requirements
• Seamen

46 CFR Part 150

• Hazardous materials transportation
• Marine safety
• Occupational safety and health
• Reporting and recordkeeping requirements

46 CFR Part 151

• Cargo vessels
• Hazardous materials transportation
• Marine safety
• Reporting and recordkeeping requirements
• Water pollution control

46 CFR Part 153

• Administrative practice and procedure
• Cargo vessels
• Hazardous materials transportation
• Marine safety
• Reporting and recordkeeping requirements
• Water pollution control

For the reasons set out in the preamble, the Coast Guard amends 33 CFR Part 151 and 46 CFR parts 30, 150, 151, and 153 as follows:

Title 33—[Amended]

PART 151—VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE, MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER

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

Authority:33 U.S.C. 1321 and 1903; Pub. L. 104-227 (110 Stat. 3034), E.O. 12777, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46.

2. In § 151.05, add the definition “ NLS means Noxious Liquid Substance.” preceding the definition of “NLS Certificate”.

3. Revise the listing in § 151.47 to read as follows:

4. Amend § 151.49 by removing and reserving paragraph (b).

Title 46—[Amended]

PART 30—GENERAL PROVISIONS

5. The citation of authority for part 30 continues to read as follows:

Authority: 46 U.S.C. 2103, 3306, 3703; 49 U.S.C. 5103, 5106; 49 CFR 1.45, 1.46; Section 30.01-2 also issued under the authority of 44 U.S.C. 3507; Section 30.01-5 also issued under the authority of Sec. 4109, Pub. L. 101-380, 104 Stat. 515.

6. In § 30.25-1, revise Table 30.25-1 to read as follows:

PART 150—COMPATIBILITY OF CARGOES

7. The citation of authority for part 150 continues to read as follows:

Authority:46 U.S.C. 3306, 3703; 49 CFR 1.45, 1.46. Section 150.105 issued under 44 U.S.C. 3507; 49 CFR 1.45.

8. Revise Table I to read as follows: