AGENCY:

Coast Guard, DHS.

ACTION:

Final rule.

SUMMARY:

The Coast Guard is finalizing its 2013 proposal to update the Liquid Chemical Categorization tables, aligning them with the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk and the International Maritime Organization's Marine Environment Protection Committee circulars from December 2012 and 2013. This final rule corrects errors in our interim rule of August 16, 2013, and follows our supplemental notice of proposed rulemaking of October 22, 2015. The updated tables provide a list of liquid hazardous materials and liquefied and compressed gases approved for international and domestic maritime transportation, and indicate how each substance is categorized by its pollution potential, safe carriage requirements, chemical flammability, combustibility, and compatibility with other substances. This rule imposes no cost to chemical shippers and vessel owners.

DATES:

This final rule is effective May 18, 2020.

ADDRESSES:

You may view comments identified by docket number USCG-2013-0423 using the Federal eRulemaking Portal at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT:

For information about this document call or email LT Jake Lobb, Coast Guard; telephone (202) 372-1428, email Jake.R.Lobb2@uscg.mil, or Dr. Raghunath Halder, Coast Guard; telephone (202) 372-1422, email Raghunath.Halder@uscg.mil.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations

II. Basis and Purpose

III. Regulatory History

IV. Discussion of the Rule

V. Discussion of Comments and Changes

VI. Regulatory Analyses

A. Regulatory Planning and Review

B. Small Entities

C. Assistance for Small Entities

D. Collection of Information

E. Federalism

F. Unfunded Mandates

G. Taking of Private Property

H. Civil Justice Reform

I. Protection of Children

J. Indian Tribal Governments

K. Energy Effects

L. Technical Standards

M. Environment

I. Abbreviations

CFR Code of Federal Regulations

DHS Department of Homeland Security

FR Federal Register

IBC Code International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk

IMO International Maritime Organization

LCC Liquid Chemical Categorization

MARPOL International Convention for the Prevention of Pollution From Ships

MEPC Marine Environment Protection Committee

OMB Office of Management and Budget

SNPRM Supplemental Notice of Proposed Rulemaking

SOLAS International Convention for the Safety of Life at Sea

§ Section

U.S.C. United States Code

II. Basis and Purpose

The legal basis for this final rule is Title 46 of the United States Code (U.S.C.) Section (§ ) 3703, which requires the Secretary of the Department of Homeland Security (DHS) to prescribe regulations relating to the operation of vessels that carry oil or hazardous material in bulk as cargo or cargo residue, and to the types and grades of cargo those vessels carry. Additional regulatory authority is provided by 33 U.S.C. 1903 (regulations to implement the International Convention for the Prevention of Pollution from Ships, 1973, or “MARPOL”), 46 U.S.C. 2103 (general merchant marine regulatory authority), and 46 U.S.C. 3306 (regulations for the safety of individuals and property on inspected vessels). The Secretary delegated the authority to carry out the provisions of this section to the Coast Guard, in accordance with DHS Delegation No. 0170.1(II)(77) and (92).

The purpose of this final rule is to revise and update the Liquid Chemical Categorization (LCC) tables that list the liquid hazardous materials and liquefied and compressed gases that have been approved for international and domestic maritime transportation in bulk. The tables also indicate how each substance is categorized by its pollution potential, safe carriage requirements, chemical flammability, combustibility, and chemical compatibility with other substances.

This final rule applies to the carriage of cargos from vessel populations described in 46 CFR 30.01-5, 150.110 (with exceptions described in 46 U.S.C. 3702), 153.1, and 154.5. All U.S. and foreign-flagged tank vessels are included, unless exempted by 46 CFR 30.01-5. Also included are self-propelled bulk cargo carrying oceangoing/non-oceangoing U.S.-flag and oceangoing foreign-flag vessels when in U.S. waters. Foreign tank vessels are exempt from this regulation when on innocent passage through U.S. waters.

III. Regulatory History

The Coast Guard published an interim rule on this topic in 2013.^[1] Acknowledging public comments that brought to light certain errors in the interim rule, we delayed the interim rule's effective date of September 16, 2013 three times.^[2] We proposed corrections to these errors in a supplemental notice of proposed rulemaking (SNPRM) published on October 22, 2015.^[3] Because of the amount of time that had passed since the interim rule was published, in addition to correcting errors in the tables, the SNPRM also proposed to align the interim rule's LCC tables with the International Maritime Organization's (IMO) Marine Environment Protection Committee (MEPC) December 2013 Circular. We published the SNPRM, rather than proceeding directly from the 2013 interim rule to this final rule, to allow the public to review the additional entries and, if necessary, suggest corrections.

IV. Discussion of the Rule

Coast Guard regulations in title 46 Code of Federal Regulations (CFR), chapter I, subchapter D (Tank Vessels, parts 30 through 39) and subchapter O (Certain Bulk Dangerous Cargoes, parts 150 through 155) contain requirements for ensuring safe international and domestic maritime carriage of certain bulk liquid cargoes. The tables in subchapters D and O (collectively referred to as “LCC tables”) list the cargoes for maritime carriage that have been approved by the Coast Guard. The LCC tables also categorize the pollution-hazard risk for each cargo. The Coast Guard may approve carriage of unlisted cargoes, or carriage under conditions other than those listed in the tables, through individual letters of approval.^[4]

As we described in detail in our interim rule and the SNPRM, the LCC tables contain categorization information based on assessments by the Coast Guard and IMO, and on international tripartite agreements that categorize the pollution-hazard risk, flammability, and combustibility of each cargo in accordance with the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code).^[5] IMO conducts its own multi-year review and assessment of the information contained in the tripartite agreements, and, following its review, either validates or modifies them. These LCC tables reflect modifications resulting from the IMO's 2013 review, as described below.

Each December, the IMO's MEPC releases an annual circular that lists cargoes for which it has completed a multi-year review. A cargo is listed in the circular if a tripartite agreement approves it for international bulk maritime transportation and the MEPC validates the approval. The IBC Code is periodically revised by state parties to the Code to include the cargoes listed in the MEPC annual circulars as of the last edition of the Code. The IBC Code was last comprehensively revised in 2007. In that revision, the pollution categories used to indicate a cargo's relative pollution-hazard risk—A, B, C, and D—were replaced by categories X, Y, Z, and OS (for “other substance,” considered to pose no risk).^[6] The LCC tables in this final rule reflect the 2007 revisions to the IBC Code.

In March 2012, the IMO published an annex to the 2007 IBC Code, which listed additional cargoes and their pollution categorizations. This additional information is also reflected in the LCC tables in this final rule.

Until we published the 2013 interim rule, the LCC tables in subchapter D and subchapter O had gone unamended for several years and contained pre-2007 IBC Code provisions. They also did not reflect carriage allowed by individual approvals. The interim rule updated the following tables:

• Table 30.25-1 in subchapter D;
• Table I to part 150 in subchapter O;
• Table II to part 150 in subchapter O;
• Appendix I to part 150; and
• Table 2 to part 153 in subchapter O.

The 2015 SNPRM proposed updating these tables to be current with the December 2013 MEPC circular. This final rule adopts the interim rule with the changes proposed in the SNPRM, including corrections to the tables published in the interim rule. Minor modifications were also made in response to comments received on the SNPRM, as discussed below, and to harmonize chemical names and categories within the tables. We also reinstated chemicals that had been listed in previous editions of the CFR but were inadvertently omitted from the tables in the SNPRM. Vessels continue to carry these substances in the manner described in this rule, and reinstating these substances creates no change to current practice. The tables in their entirety are available in the docket where indicated under the ADDRESSES portion of this preamble.

V. Discussion of Comments and Changes

Our 2013 interim rule prompted comments from two individuals and four industry representatives, one of whom made multiple submissions. Those comments were fully discussed in the 2015 SNPRM.^[7]

The SNPRM prompted comments from the American Chemistry Council (a trade group) and two chemical companies. One of the companies asked us to add a substance to the tables, Alkanes (C10-C26), linear and branched (flash point ≤60 °C), and we have added this substance to our tables. This company also corrected our “group” assignments for 11 substances and corrected two misspellings, and we have accepted those corrections. In addition, that company pointed to the need to spell out an abbreviation used in one of the LCC tables and asked us to delete five trade names for substances, which we have done. The other company asked us to accept variant spellings for the same substance, (for example “aluminium” for “aluminum”) and to correct the spelling of one of the substances. We have done so in this final rule.

Both companies asked us to list substances that had been approved by the IMO after 2013. We did not list these substances in this final rule because the scope of the rule is limited to IMO actions through its 2013 MEPC annual circular. For the same reason, we cannot act on the American Chemistry Council's request to list 1-dodecene as a unique substance. These substances will be considered for inclusion in a future update to the LCC tables.

In addition to the comments discussed above, the Coast Guard received one late comment from an individual expressing general support for the rule.

VI. Regulatory Analyses

We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on these statutes or Executive orders.

A. Regulatory Planning and Review

Executive Orders 12866 (Regulatory Planning and Review) and 13563 (Improving Regulation and Regulatory Review) direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13771 (Reducing Regulation and Controlling Regulatory Costs) directs agencies to reduce regulation and control regulatory costs and provides that “for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.”

The Office of Management and Budget (OMB) has not designated this rule a significant regulatory action under section 3(f) of Executive Order 12866. Accordingly, OMB has not reviewed it. Because this rule is not a significant regulatory action, this rule is exempt from the requirements of Executive Order 13771. See the OMB Memorandum titled “Guidance Implementing Executive Order 13771, titled `Reducing Regulation and Controlling Regulatory Costs' ” (April 5, 2017). A regulatory analysis follows.

Affected Population

This final rule updates and revises the LCC tables that list the name, pollution potential, safe carriage requirements, chemical flammability, combustibility, and compatibility with other substances of each liquid chemical cargo that has been categorized and approved for maritime transportation in bulk by IMO and the Coast Guard. This final rule provides updated information about cargoes that are currently approved for maritime transportation in bulk, the cargo's pollution categorization, and minimum transportation safety requirements. This rule applies to the carriage of the subject cargoes from vessel populations described in 46 CFR 30.01-5, 150.110 (with exceptions described in 46 U.S.C 3702), 153.1, and 154.5. All U.S. and foreign flagged tank vessels are included, unless exempted by 46 CFR 30.01-5. Also included are self-propelled bulk cargo carrying oceangoing/non-oceangoing U.S.-flag and oceangoing foreign-flag vessels when in U.S. waters. Foreign tank vessels are exempt from this regulation when on innocent passage through U.S. waters.

Costs

This final rule updates the LCC tables that list the name, pollution potential, safe carriage requirements, chemical flammability, combustibility, and compatibility with other substances of each liquid chemical cargo that has already been categorized and approved by the Coast Guard and the IMO for maritime transportation in bulk, either permanently, or on a provisional basis. This final rule updates and revises the LCC tables to reflect existing international agreements regarding liquid chemical cargoes approved for bulk maritime transportation and their categorizations. As such, the rule does not change the established shipping requirements, and imposes no private-sector costs to chemical shippers and vessel owners. No additional labor nor equipment will be required because of this rule. No commenter challenged the “no cost to industry” assessment by the Coast Guard in the SNPRM's regulatory analysis.

There is no cost to Coast Guard, as the updates are included in this rulemaking.

This final rule also corrects errors and omissions in the tables that were included in the interim rule, and updates the LCC tables to be current through the IMO MEPC Circular of December 2013. The rule incorporates the Coast Guard's compatibility categorizations, as well as chemical cargoes and categorizations listed in the 2013 MEPC circular.

Benefits

The primary benefit of this final rule is that it conforms regulatory language to practices currently allowed by the Coast Guard, either through individual letters of approval or the IBC Code. We expect the rule to result in improved service to the public through improved clarity and transparency. Public comments reflect that this rulemaking will provide benefits for the public and private sector by bringing more clarity and transparency to the maritime transportation of hazardous materials. Thus, this final rule is codifying existing practices which will decrease confusion as to what are the regulatory requirements in the LCC tables.

B. Small Entities

Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have considered whether this 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. There are no small shippers engaged in the transport of the LCC chemicals. Further, there are no private industry costs incurred. Consequently, the rule is estimated to have no incremental impact on on the regulated public.

The Coast Guard certified in the SNPRM under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities.

C. Assistance for Small Entities

Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-121, we offer to assist small entities in understanding this rule so that they can better evaluate its effects on them and participate in the rulemaking. The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.

Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).

D. Collection of Information

This rule calls for no new or modified collection of information under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520. It simply updates and revises the LCC tables that list cargoes that have been approved and categorized for bulk maritime transportation, and does not collect any information from the public.

E. Federalism

A rule has implications for federalism under Executive Order 13132 (Federalism) if it has a substantial direct effect on States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under Executive Order 13132 and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Our analysis follows.

It is well settled that States may not regulate in categories reserved for regulation by the Coast Guard. It is also well settled that all of the categories covered in 46 U.S.C. 3306, 3703, 7101, and 8101 (design, construction, alteration, repair, maintenance, operation, equipping, personnel qualification, and manning of vessels), as well as the reporting of casualties and any other category in which Congress intended the Coast Guard to be the sole source of a vessel's obligations, are within the field foreclosed from regulation by the States. See the Supreme Court's decision in United States v. Locke and Intertanko v. Locke, 529 U.S. 89, 120 S.Ct. 1135 (2000). This final rule amends existing regulations for inspected tank vessels carrying certain bulk dangerous cargoes, which fall within the categories enumerated in 46 U.S.C. 3703, which themselves are within fields in which the States are foreclosed from regulating. Therefore, because the States may not regulate within these categories, this rule is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132.

F. Unfunded Mandates

The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538, requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Although this rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble.

G. Taking of Private Property

This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630 (Governmental Actions and Interference with Constitutionally Protected Property Rights).

H. Civil Justice Reform

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

I. Protection of Children

We have analyzed this rule under Executive Order 13045 (Protection of Children from Environmental Health Risks and Safety Risks). This rule is not an economically significant rule and will not create an environmental risk to health or risk to safety that might disproportionately affect children.

J. Indian Tribal Governments

This final rule does not have tribal implications under Executive Order 13175 (Consultation and Coordination with Indian Tribal Governments), because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.

K. Energy Effects

We have analyzed this rule under Executive Order 13211 (Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use). We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy.

L. Technical Standards

The National Technology Transfer and Advancement Act, codified as a note to 15 U.S.C. 272, directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through OMB, with an explanation of why using these standards will be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies.

This rule does not use technical standards. It is based on international standards that were developed using consensus standards development processes.

M. Environment

We have analyzed this rule under Department of Homeland Security Management Directive 023-01, Rev. I, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. A final Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. This rule involves administrative updates of existing chemical transport regulations and updates relating to the chemical properties of liquid chemical cargoes approved for maritime transportation in bulk. The updates incorporate changes to how approved cargoes are categorized by their chemical properties. This rule is categorically excluded under paragraphs L52, L54, and L57 under Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. Paragraph L52 relates to “regulations concerning vessel operation safety standards . . . equipment approval, and/or equipment carriage requirements . . . and visual distress signals.” Paragraph L54 pertains to “regulations which are editorial or procedural, such as those updating addresses or establishing application procedures.” Paragraph L57 involves “regulations concerning manning, documentation, admeasurement, inspection, and equipping of vessels.”

List of Subjects

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 153

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

For the reasons discussed in the preamble, the Coast Guard adopts the interim rule published at 78 FR 50152 on August 16, 2013, amending 46 CFR parts 30, 150, and 153, as final with the following changes:

PART 30—GENERAL PROVISIONS

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

Authority: 46 U.S.C. 2103, 3306, 3703, Department of Homeland Security Delegation No. 0170.1 (II)(92)(a), (92)(b).

2. In § 30.25-1:

a. Revise paragraphs (d) introductory text and (d)(2) and (3); and

b. Amend Table 30.25-1 by:

i. Revising the bracketed NOTES paragraph following the table heading;

ii. Removing the entries for “Alkyl(C8-C9) phenylamine in aromatic solvents*”, “Diethylene glycol ethyle ether acetate, see Poly(2-8)alkylene glycol monoalkyl(C1-C6) ether acetate”, and “Oil, edible: Poppy seed”;

iii. Adding in alphabetical order the entries marked “[ADD]” and revising the entries marked “[REVISE]”; and

iv. Revising the the notes at the end of the table.

The revisions and additions read as follows:

PART 150—COMPATIBILITY OF CARGOES

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

Authority: 46 U.S.C. 3306, 3703; Department of Homeland Security Delegation No. 0170.1. Section 150.105 issued under 44 U.S.C. 3507; Department of Homeland Security Delegation No. 0170.1.

4. In § 150.120, remove the text “Table I” and add, in its place, the text “Table 1”.

5. In § 150.130, in paragraph (a) introductory text, remove the text “table I” and add, in its place, the text “Table 1”.

6. In § 150.140, revise the section heading to read as follows:

7. Amend Table I to Part 150 by:

a. Revising the table heading;

b. Removing the entries for:

i. “Alkanes (C10-C26), linear and branched (flash point >60 °C)* ”;

ii. “Ammonium nitrate/Urea solution (containing less than 2% free Ammonia)”;

iii. “Ethylene glycol iso-propyl ether”;

iv. Benzene sulfonyl chloride;

v. “ Gylcidyl ester of tridecyl acetic acid, see Glycidyl ester of C10 triakyl acetic acid”;

vi. “Noxious Liquid Substance, n.o.s. (NLS')”;

vii. “ROUNDUP”;

viii. “Ucarsol CR Solvent 302 SG”; and

ix. “Urea/Ammonium nitrate solution*”.

c. Adding in alphabetical order the entries marked “[ADD]” and revising the entries marked “[REVISE]”; and

d. Revising the notes at the end of the table.

The revisions and addtitions read as follows:

8. Amend Table II to Part 150 as follows:

a. Revise the table heading;

b. In section 0. Unassigned, revise the group heading to read as “Unassigned Cargoes” and remove the entries for:

i. “Alkyl (C8-C10)/(C12-C14): (60% or more/40% or less)”;

ii. “polyglucoside solution (55% or less)”;

iii. “Aluminium chloride, Hydrochloric acid solution”;

iv. “tert-Dodecanethiol”;

v. “Dimethylamine salt of 2,4-Dichlorophenoxyacetic acid solution”;

vi. “Fuming sulfuric acid”;

vii. “Ligninsulfonic acid, sodium salt solution”;

viii. “NIAX POLYOL APP 240C”;

ix. “Noxious Liquid Substance, n.o.s (NLS's)”; and

x. “SAP 7001”.

c. In section 2. Sulfuric Acids, revise the group heading to read “Sulfuric (Alternately Sulphuric) Acids”;

d. In section 3. Nitric Acids, remove the entry for “Nitric acid (70% and over)”;

e. In section 4. Organic Acids, remove the entries for:

i. “Acid oil mixture from soya bean, corn (maize) and sunflower oil refining”;

ii. “i-Butyric acid”; “Cashew nut shell oil (untreated)”;

iii. “Chloroacetic acid solution”;

iv. “2-Ethylhexanoic acid”;

v. “Fatty acids, (C8-C10)”;

vi. “Fatty acids, (C12 +)”;

vii. “Fatty acids, (C16 +)”;

viii. “Fatty acids, essentially linear (C6-C18) 2-ethylhexyl ester”;

ix. “Fatty acid methyl esters”;

x. “Metal fatty acid salt”;

xi. “Metal long chain alkyl salt”; and

xii. “Microsilica slurry”.

f. In section 5. Caustics, remove the entries for:

i. “Calcium hypochlorite solutions”;

ii. “Cresylate spent caustic”;

iii. “Sodium hydroxide solution”; and

iv. “Sodium napthenate solution”.

g. In section 6. Ammonia, remove the entries for “Ammonia, aqueous” and “Ammonium nitrate, Urea solution (containing Ammonia)”;

h. In section 7. Aliphatic Amines, remove the entries for:

i. “Alkenylamine mixtures”;

ii. “Alkyl (greater than C8) amine, Alkenyl (greater than C12) acid ester in mineral oil”;

iii. “Calcium long chain alkyl phenolic amine (C8-C40)”;

iv. “Diphenylamine, reaction product with 2,2,4-Trimethylpentene”;

v. “Diphenylamines, alkylated”;

vi. “Hexamethylenediamine”;

vii. “Hexamethylenetetramine”;

viii. “HiTec 321”;

ix. “Polyalkyl alkeneamine succinimide, molybdenum oxysulfide”;

x. “Polyolefin amide alkeneamine (C28 +)”;

xi. “Polyolefin amide alkeneamine polyol”;

xii. “Propanil, Mesityl oxide, Isophorone mixture”; and

xiii. “Roundup”.

i. In section 8. Alkanolamines, remove the entries for “Diethylethanolamine”, “N,N-bis (2-Hydroxyethyl) oleamide”, and “Ucarsol CR Solvent 302 SG”;

j. In section 9. Aromatic Amines, remove the entries for “Dimethylamine salt of 4-Chloro-2-methylphenoxyacetic acid solution” and “Diphenylamine”;

k. In section 11. Organic Anhydrides, remove the entries for “Alkyl succinic anhydride” and “Phthalate based polyester polyol”;

l. In section 14. Acrylates, remove the entries for:

i. “i-Butyl methacrylate”;

ii. “Butyl methacrylate, Decyl methacrylate, Cetyl-Eicosyl methacrylate mixture”;

iii. “Polyalkyl methacrylate”;

iv. “Polyalkyl methacrylate solution (containing max 40% active material)”;

v. “Propylene copolymer mixture”; and

vi. “Roehm monomer 6615”.

m. In section 18. Ketones, remove the entries for “Amyl methyl ketone”, “Epoxy resin”, and “Trifluralin in Xylene”;

n. In section 19. Aldehydes, remove the entry for “Ethylhexaldehyde”;

o. In section 20. Alcohols, Glycols, remove the entries for:

i. “Brake fluid base mixtures”;

ii. “iso-Butyl alcohol”;

iii. “t-Butyl alcohols”;

iv. “Cetyl-Stearyl alcohol”;

v. “Cyclopentanol”;

vi. “Diethyl hexanol”;

vii. “Diethylene glycol”;

viii. “Diethylene glycol dibenzoate”;

ix. “Diisobutyl carbinol”;

x “Dodecanol”;

xi. “Dodecyl hydroxypropyl sulfide”;

xii. “2-Ethoxyethanol”;

xiii. “2-Ethylhexanol”;

xiv. “Glycol”;

xv. “Hydroxy terminated polybutadiene”;

xvi. “Icosa(oxypropane-2,3-diyl)s”;

xvii. “Lauryl polyglucose (50% or less)”;

xviii. “Pentadecanol”;

xix. “Rum”;

xx. “Sodium methylate solution (21-30% in Methanol)”;

xxi. “Tetradecanol”; and

xxii. “Tridecanol”.

p. In section 22. Caprolactam Solutions, remove the entry for “Caprolactam solution”;

q. In section 30. Olefins, remove the entries for:

i. “Amylene”;

ii. “Butadiene Feedstock [Kirby]”;

iii. “Butene”;

iv. “Dichloropropene”;

v. “Dicyclopentadiene”;

vi. “Ethylene-Propylene copolymer”;

vii. “Olefin mixtures”;

viii. “alpha-Olefins (C13 +)”;

ix. “Polybutene”;

x. “Polyolefin (molecular weight 300 +)”; and

xi. “Polypropylene”.

r. In section 31. Paraffins, remove the entries for:

i. “Aviation alkylates (C8 paraffins and iso-paraffins BPT 95-120 °C)”;

ii. “Decane”;

iii. “Dodecane”;

iv. “Heptane”;

v. “Hexane”;

vi. “Mineral oil”;

vii. “Polyolefin (molecular weight 300 +)”;

viii. “iso-Propylcyclohexane”;

ix. “Tridecane”; and

x. “Paraffin”.

s. In section 32 Aromatic Hydrocarbons, revise the group heading to read “Aromatic Hydrocarbon Mixtures”and remove the entries for:

i. “Aryl polyolefin (C11-C50)”;

ii. “Butylbenzene (all isomers)”;

iii. “Cumene”;

iv. “Decylbenzene”;

v. “Dialkyl(C10-C14) benzenes”;

vi. “Dodecylbenzene”;

vii. “1-Hexadecylnaphthalene, 1, 4-bis(Hexadecyl)”;

viii. “Isopropylbenzene”;

ix. “Naphthalene mixture”;

x. “Propylbenzene”;

xi. “Pseudocumene”;

xii. “Tetradecylbenzene”; and

xiii. “Undecylbenzene”.

t. In section 33. Miscellaneous Hydrocarbon Mixtures, remove the entries for:

i. “Alachlor”;

ii. “Alkyl toluene sulfonic acid, calcium salts”;

iii. “Degummed C9 (DOW)”;

iv. “Distillates”;

v. “Maleated ethylene-propylene copolymer reaction product [synthetic rubber]”;

vi. “Pine oil”;

vii. “Resin oil, distilled”; and

viii. “Sodium petroleum sulfonate”.

u. In section 34. Esters, remove the entries for:

i. “Acid oil mixture from soybean, corn (maize) and sunflower oil refining”;

ii. “Alkane (C14-C17) sulfonic acid, sodium salt solution”;

iii. “Alkyl ester copolymer (C6-C18)”;

iv. “Alkylaryl phosphate mixtures (more than 40%)”;

v. “t-Amyl formate”;

vi. “iso-Butyl isobutyrate”;

vii. “Calcium alkaryl sulfonate (C11-C50) Calcium alkyl(C9)phenol sulfide, polyolefin phosphorosulfide mixture”;

viii. “Calcium long chain alkyl phenates”;

ix. “Calcium nitrate”;

x. “Camelina oil”;

xi. “Cesium formate solution”;

xii. “Coconut oil, fatty acid”;

xiii. “Coconut oil, fatty acid methyl ester”;

xiv. “Copper salt of long chain alkanoic acids”;

xv. “Cottonseed oil, fatty acid”;

xvi. “Dialkyl(C7-C13) phthalates”;

xvii. “Diethylene glycol butyl ether acetate”;

xviii. “Diethylene glycol ethyl ether acetate”;

xix. “Diethylene glycol methyl ether acetate”;

xx. “Diheptyl phthalate”;

xxi. “Dihexyl phthalate”;

xxii. “Diisodecyl phthalate”;

xxiii.”Diisononyl adipate”;

xxiv. “Diisononyl phthalate”;

xxv. “Diisooctyl phthalate”;

xxvi. “Dinonyl phthalate”;

xxvii. “Dioctyl phthalate”;

xxviii. “Diphenyl tolyl phosphate, less than 0.02% ortho-isomer)”;

xxix. “Ditridecyl phthalate”;

xxx. “Diundecyl phthalate”;

xxxi. “Ethyl propionate”,

xxxii. “Ethylene glycol”;

xxxiii. “Ethylene glycol ethyl ether acetate”;

xxxiv. “Fatty acids (saturated, C14 +)”;

xxxv. “Glycerol polyalkoxylate”;

xxxvi. “Lard”;

xxxvii. “Magnesium long chain alkyl phenate sulfide (C8-C40)”;

xxxviii. “Magnesium long chain alkyl salicylate (C13 +)”;

xxxix. “Mango kernel”;

xl. “Olefin/Alkyl ester copolymer (molecular weight 2000 +)”;

xli. “Oleic acid”;

xlii. “Palm acid oil”;

xliii. “Palm fatty acid distillate”;

xliv. “Palm kernel acid oil”;

xlv. “Palm kernel acid oil, methyl esterPalm kernel oil fatty acid”;

xlvi. “Palm mid fraction”;

xlvii. “Palm oil”;

xlviii. “Palm oil fatty acid”;

xlix. “Palm oil fatty acid methyl ester”;

l. “Palm kernel olein”;

li. “Palm kernel stearin”;

lii. “Palm olein”;

liii. “Palm stearin”;

liv. “Polydimethylsiloxane”;

lv. “Polyolefin amide alkeneamine borate (C28-C250)”;

lvi. “Rapeseed oil fatty acid methyl esters”;

lvii. “Rapeseed oil (low erucic acid containing less than 4% free fatty acids)”;

lviii. “Siloxanes”;

lix. “Sodium bromide solution (less than 50%)”;

lx. “Soyabean oil (epoxidized)”;

lxi. “Stearic acid”;

lxii. “Tall oil”;

lxiii. “Tall oil, crude”;

lxiv. “Tall oil, distilled”;

lxv. “Tall oil fatty acid (Resin acids less than 20%)”;

lxvi. “Tall oil, pitch”;

lxvii. “Tricresyl phosphate”; and

lxviii. “Urea/Ammonium nitrate solution”.

v. In section 36. Halogenated Hydrocarbons, remove the entries for:

i. “Chlorodifluoromethane”;

ii. “Chlorotoluene”;

iii. “Dibutylphenols”; and

iv. “1,2,3-Trichlorobenzene”.

w. In section 38. Carbon Disulfide, revise the group name to read “Carbon Disulfide (Alternately Disulphide)”;

x. In section 39. Sulfolane, revise the group name to read “Sulfolane (Alternately Sulpholane)”;;

y. In section 40. Glycol Ethers, remove the entries for:

i. “Alcohol (C9-C11) poly (2.5-9) ethoxylates”;

ii. “Alcohol (C6-C17) (secondary) poly (3-6) ethoxylates”;

iii. “Alcohol (C6-C17) (secondary) poly (7-12) ethoxylates”;

iv. “Alcohol (C12-C16) poly (1-6) ethoxylates”;

v. “Alcohol (C12-C16) poly (7-19) ethoxylates”;

vi. “Alcohol (C12-C16) poly (20 +) ethoxylates”;

vii. “Hexaethylene glycol”;

viii. “Polyether glycol”;

viii. “Polyether glycol (MW 600-700) (TETRAETHANE 650)”;

ix. “Polyether glycol (MW 950-1050) (TETRAETHANE 1000)”;

x. “Polyether glycol (MW 1350-1450) (TETRAETHANE 1400)”;

xi. “Polyether glycol (MW 1900-2100) (TETRAETHANE 2000)”;

xii. “Polyether glycol (MW 2825-2975) (TETRAETHANE 2900)”; and

xiii.”Poly(2-8)alkylene glycol monoalkyl(C1-C6) ether acetate”.

z. In section 41. Ethers, remove the entries for:

i. “Brominated Epoxy Resin in Acetone”;

ii. “Diethylene glycol propyl ether”;

iii. “Diglycidyl ether of Bisphenol A”;

iv. “Diglycidyl ether of Bisphenol F”; and

v. “Ethyl ether”.

aa. In section 42. Nitrocompounds, remove the entry for “Nitropropane”;

bb. In section 43. Miscellaneous Water Solutions, remove the entries for:

i. “Alkyl polyglucoside solutions”;

ii. “Aluminum hydroxide, sodium hydroxide, sodium carbonate solution (40% or less)”;

iii. “Ammonium chloride solution (less than 25%) drilling brines”;

iv. “Ammonium lignosulfonate solution”;

v. “Ammonium nitrate, Urea solution (not containing Ammonia)”;

vi. “Barium sulfate slurry”;

vii. “Calcium bromide solution”;

viii. “Calcium chloride solution”;

ix. “Calcium formate solution”;

x. “Calcium lignosulfate solution”;

xi. “Calcium lignosulfate solution (free alkali content 1% or less)”;

xii. “Diethanolamine salt of 2,4-Dichlorophenoxyacetic acid solution”;

xiii. “Ferrous chloride solution (less than 40%, containing less than 10% Manganese and Aluminum chlorides)”;

xiv. “Potassium thiosulfate solution”;

xv. “Sodium alkyl sulfonate solution”; and

xvi. “Sodium sulfite solution”.

cc. In the following table, for the “Cargo column, under the appropriate “Group” heading, add the entries marked “[ADD]” in the appropriate alphabetical order and revise the entries marked “[REVISE]”; and

dd. Revise the notes at the end of the table.

The revisions and additons read as follows:

9. Amend Appendix I to Part 150 by revising the table in paragraph (a) and revising paragraph (b) to read as follows:

Appendix I to Part 150—Exceptions to the Chart

(a) * * *

(b) The binary combinations listed below have been determined to be dangerously reactive, based either on data obtained in the literature or on laboratory testing that has been carried out in accordance with procedures prescribed in Appendix III. These combinations are exceptions to Figure 1 of part 150 (Compatibility Chart) and may not be stowed in adjacent tanks.

Acetone cyanohydrin (0) is not compatible with Groups 1-12, 16, 17 or 22.

Acrolein (19) is not compatible with Group 1, Non-Oxidizing Mineral Acids.

Acrylic acid (4) is not compatible with Group 9, Aromatic Amines.

Acrylonitrile (15) is not compatible with Group 5, Caustics.

Alkyl (C7-C9) nitrates (34) is not compatible with Group 1, Non-Oxidizing Mineral Acids.

Alkylbenzene sulfonic (alternately sulphonic) acid (less than 4%) (0) is not compatible with Groups 1-3, 5-9, 15, 16, 18, 19, 30, 34, 37, or strong oxidizers.

Allyl alcohol (15) is not compatible with Group 12, Isocyanates.

Aluminum sulfate (alternately Aluminium sulphate) solution (43) is not compatible with Groups 5-11.

Ammonium bisulfite (alternately bisulphite) solution (70% or less) (43) is not compatible with Groups 1 or 3-5.

Benzenesulfonyl (alternately Benzenesulphonyl) chloride (0) is not compatible with Groups 5-7, or 43.

Butylene glycol (20) is not compatible with Caustic soda solution (5).

gamma-Butyrolactone (0) is not compatible with Groups 1-9.

C9 Resinfeed (DSM) (32) is not compatible with Group 2, Sulfuric (alternately Sulphuric) Acids.

Carbon tetrachloride (36) is not compatible with Tetraethylenepentamine or Triethylenetetramine, both Group 7, Aliphatic Amines.

Catoxid feedstock (36) is not compatible with Groups 1-5, or 12.

Caustic soda solution (5) is not compatible with Butylene glycol (20).

1-(4-Chlorophenyl)-4,4-dimethyl pentan-3-one (18) is not compatible with Group 5, Caustics, or Group 10, Amides.

Crotonaldehyde (19) is not compatible with Group 1, Non-Oxidizing Mineral Acids.

Cyclohexanone/Cyclohexanol mixture (18) is not compatible with Group 12, Isocyanates.

2,4-Dichlorophenoxyacetic acid, Dimethylamine salt solution (70% or less) (0) is not compatible with Groups 1-5, 11, 12, or 16.

2,4-Dichlorophenoxyacetic acid, Triisopropanolamine salt solution (43) is not compatible with Group 3, Nitric Acids.

Diethylenetriamine (7) is not compatible with 1,2,3-Trichloropropane, Group 36, Halogenated Hydrocarbons.

Dimethyl hydrogen phosphite (34) is not compatible with Groups 1 or 4.

Dimethyl naphthalene sulfonic (alternately sulphonic) acid, sodium salt solution (34) is not compatible with Group 12, or Formaldehyde, or with strong oxidizing agents.

Dodecylbenzenesulfonic (alternately Dodecylbenzenesulphonic) acid (0) is not compatible with oxidizing agents or Groups 1-3, 5-9, 15, 16, 18, 19, 30, 34, or 37.

Ethyl tert-butyl ether (41) is not compatible with Group 1, Non-Oxidizing Mineral Acids.

Ethylenediamine (7) and Ethyleneamine EA 1302 (7) are not compatible with either Ethylene dichloride (36) or 1,2,3-Trichloropropane (36).

Ethylene dichloride (36) is not compatible with Ethylenediamine (7) or Ethyleneamine EA 1302 (7).

Ethylidene norbornene (30) is not compatible with Groups 1-3 or 5-8.

2-Ethyl-3-propylacrolein (19) is not compatible with Group 1, Non-Oxidizing Mineral Acids.

Fatty acids, essentially linear (C6-C18) 2-ethylhexyl ester (34) is not compatible with Group 3, Nitric Acids.

Ferric hydroxyethylethylenediamine triacetic acid, Triodium salt solution (43) is not compatible with Group 3, Nitric Acids.

Fish oil (34) is not compatible with Sulfuric (alternately Sulphuric) acid (2).

Formaldehyde (50% or more) in Methyl alcohol (over 30%) (19) is not compatible with Group 12, Isocyanates.

Formic acid (4) is not compatible with Furfuryl alcohol (20).

Furfuryl alcohol (20) is not compatible with Group 1, Non-Oxidizing Mineral Acids, or with Formic acid (4).

1,6-Hexanediol distillation overheads (4) is not compatible with Group 3, Nitric Acids, or Group 9, Aromatic Amines.

2-Hydroxyethyl acrylate (14) is not compatible with Groups 5, 6, or 12.

Isophorone (18) is not compatible with Group 8, Alkanolamines.

Lactic acid (0) is not compatible with Caustic soda solution (5).

Magnesium chloride solution (0) is not compatible with Groups 2, 3, 5, 6, or 12.

Mesityl oxide (18) is not compatible with Group 8, Alkanolamines.

Methacrylonitrile (15) is not compatible with Group 5, Caustics.

Methyl tert-butyl ether (41) is not compatible with Group 1, Non-Oxidizing Mineral Acids.

Nitroethane/1-Nitropropane (each 15% or more) mixture (42) is not compatible with Group 7, Aliphatic Amines; Group 8, Alkanolamines; or Group 9, Aromatic Amines.

o-Nitrophenol (0) is not compatible with Groups 2, 3, or 5-10.

Nitropropane (60%)/Nitroethane (40%) mixture (42) is not compatible with Group 7, Aliphatic Amines; Group 8, Alkanolamines; or Group 9, Aromatic Amines.

Oleum (0) is not compatible with Sulfuric (alternately Sulphuric) acid (2) or 1,1,1-Trichloroethane (36).

Phthalate-based polyester polyol (0) is not compatible with Groups 2, 3, 5, 7, or 12.

Polyglycerine, Sodium salts solution (containing less than 3% sodium hydroxide) (20) is not compatible with Groups 1, 4, 11, 16, 17, 19, 21, or 22.

Propylene, Propane, MAPP gas mixture (containing 12% or less MAPP gas) (30) is not compatible with Group 1, Non-Oxidizing Mineral Acids, Group 36, Halogenated Hydrocarbons, or with nitrogen dioxide, oxidizing agents, or molten sulfur (alternately sulphur) (0).

Sodium acetate, Glycol, Water mixture (containing 1% or less Sodium hydroxide) (5) is not compatible with Group 12, Isocyanates.

Sodium chlorate solution (50% or less) (0) is not compatible with Groups 1-3, 5, 7, 8, 10, 12, 13, 17, or 20.

Sodium dichromate solution (70% or less) (0) is not compatible with Groups 1-3, 5, 7, 8, 10, 12, 13, 17, or 20.

Sodium dimethyl naphthalene sulfonate solution (34) is not compatible with Group 12, or Formaldehyde, or strong oxidizing agents.

Sodium hydrogen sulfide (alternately sulphide) (6% or less)/Sodium carbonate solution (3% or less) (0) is not compatible with Group 6, Ammonia, or Group 7, Aliphatic Amines.

Sodium hydrosulfide (alternately hydrosulphide) solution (45% or less) (5) is not compatible with Group 6, Ammonia, or Group 7, Aliphatic Amines.

Sodium hydrosulfide (alternately hydrosulphide), Ammonium sulfide (alternately sulphide) solution (5) is not compatible with Group 6, Ammonia, or Group 7, Aliphatic Amines.

Sodium polyacrylate solution (43) is not compatible with Group 3, Nitric Acids.

Sodium silicate solution (43) is not compatible with Group 3, Nitric Acids.

Sodium sulfide, hydrosulfide (alternately sulphide, hydrosulphide) solution (0) is not compatible with Group 6, Ammonia, or Group 7, Aliphatic Amines.

Sodium thiocyanate (56% or less) (0) is not compatible with Groups 1-4.

Sulfonated (alternately Sulphonated) polyacrylate solution (43) is not compatible with Group 5, Caustics.

Sulfuric (alternately Sulphuric) acid (2) is not compatible with Fish oil (34), or Oleum (0).

Tall oil fatty acid (Resin acids less than 20%) (34) is not compatible with Group 5, Caustics.

Tallow fatty acid (34) is not compatible with Group 5, Caustics.

Tetraethylenepentamine (7) is not compatible with Carbon tetrachloride, Group 36, Halogenated Hydrocarbons.

1,1,1-Trichloroethane (36) is not compatible with Oleum (0).

Trichloroethylene (36) is not compatible with Group 5, Caustics.

1,2,3-Trichloropropane (36) is not compatible with Diethylenetriamine, Ethylenediamine, Ethyleaneamine EA 1302, or Triethylenetetramine, all Group 7, Aliphatic Amines.

Triethylenetetramine (7) is not compatible with Carbon tetrachloride, or 1,2,3-Trichloropropane, both Group 36, Halogenated Hydrocarbons.

Triethyl phosphite (34) is not compatible with Group 1, Non-Oxidizing Mineral Acids, or Group 4, Organic Acids.

Trimethyl phosphite (34) is not compatible with Group 1, Non-Oxidizing Mineral Acids, or Group 4, Organic Acids.

1,3,5-Trioxane (41) is not compatible with Group 1, Non-Oxidizing Mineral Acids, or Group 4, Organic Acids.

Vinyl neodecanoate (13) is not compatible with Group 5, Caustics.

PART 153—SHIPS CARRYING BULK LIQUID, LIQUEFIED GAS, OR COMPRESSED GAS HAZARDOUS MATERIALS

10. The authority citation for part 153 continues to read as follows:

Authority: 46 U.S.C. 3703; Department of Homeland Security Delegation No. 0170.1. Section 153.40 issued under 49 U.S.C. 5103. Sections 153.470 through 153.491, 153.1100 through 153.1132, and 153.1600 through 153.1608 also issued under 33 U.S.C. 1903(b).

11. Amend Table 2 to Part 153 by revising the introductory text, the entries marked “[REVISE]”, and the notes at the end of the table to read as follows:

Table 2 to Part 153—Cargoes Not Regulated Under Subchapters D or O of This Chapter When Carried in Bulk on Non-Oceangoing Barges

The cargoes listed in this table are not regulated under subchapter D or O of this title when carried in bulk on non-oceangoing barges. Category X, Y, or Z noxious liquid substance (NLS) cargo, as defined in Annex II of MARPOL 73/78, listed in this table, or any mixture containing one or more of these cargoes, must be carried under this subchapter if carried in bulk on an oceangoing ship.

Editorial note:

This document was received at the Office of the Federal Register on December 18, 2019.

Footnotes