[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
_______________________________________________________________________
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
