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52930 Federal Re ister / Vol. 57. No. 215 / Thursday, November 5, 1992 / Rules and Regulations 52930 Federal Reister Vol. 57, DEPARTMENT OF TRANSPORTATION MARPOL 73/78 is the international 1990 consolidated edition of the agreement to prevent and control International Maritime Dangerous Research and Special Programs accidental and operational discharges of Goods (IMDG) Code. Marine pollutants Administration pollution from ships. It includes the 1973 are identified in the individual schedules International Convention for the and the General Index of the IMDG 49 CFR Parts 171, 172, 173, 174 and Prevention of Pollution from Ships and Code by the letters "P" or "PP". The 176 the 1978 Protocol which modified and letters "PP'.' identify those materials that incororated the 1973 Convention. It are regulated as severe marine [Docket No. HM-211; Amdt. Nos. 171-116, includes a framework agreement setting pollutants when in concentrations of 1% 172-127, 173-231,174-70,176-311 forth general obligations, and five or more. The letter "P" identifies those annexes that relate to particular sources commodities that are marine pollutants RIN 2137-AC16 of marine pollution. when in concentrations of 10% or more. Marine Pollutants On June 10, 1991, the United States In addition to proposing regulations ratified optional Annex III. This for marine pollutants transported by AGENCY: Research and Special Programs ratification was transmitted to the vessel, as required by Annex II, RSPA Administration (RSPA), DOT. International Maritime Organization also proposed to regulate the ACTION: Final rule. (IMO) on July 1, 1991, and on July 1, transportation of marine pollutants 1992, Annex III became mandatory. transported by air, rail and highway. SUMMARY: RSPA is amending the Annex III, which is entitled Because marine pollutants are Hazardous Materials Regulations by "Regulations for the Prevention of transported over or near bodies of water listing and regulating, in all modes of Pollution by Harmful Substances in the air, rail and highway modes of transportation, those materials- Carried by Sea in Packaged.Form or in transport, such transportation has the identified as marine pollutants by the Freight Containers, Portable Tanks or potential to result in releases that could International Maritime Organization. Road and Rail Tank Wagons," sets forth cause substantial damage to the aquatic These changes are necessary to general regulations for the transport of environment. In developing the NPRM, implement the provisions of Annex IlI of harmful packaged substances. Many of RSPA determined that there are certain the 1973 International Convention for these substances, such as pesticides and commodities that present an the Prevention of Pollution from Ships, herbicides, are known to kill or retard environmental hazard that are 'not as modified by the Protocol of 1978 the growth of marine life and to currently regulated as hazardous (MARPOL 73/78), and to address the bioaccumulate in marine organisms, materials under the HMR. risks posed by environmentally causing potential danger to the food The need to regulate marine hazardous materials when transported chain, including health risks to humans pollutants in modes of transportation in and other wildlife in commerce. The intended effect of this as well as to birds addition to water was demonstrated Regulation 1.3 final rule is to increase the level of that eat fish or shellfish. when on July 14, 1991, a railroad tank of Annex III states, in part, that the safety associated with the car containing 19,000 gallons of metam Party to the transportation of environmentally Government of each sodium, a pesticide included on the list hazardous materials by way of Convention shall issue detailed of marine pollutants, fell into the requirements on the packaging, marking, improved communication of their Sacramento River in California. The labeling, documentation, stowage, presence during transportation and resulting damage to the environment quantity limitations and exceptions for establishing appropriate requirements and economic costs from this accident for their packaging. preventing or minimizing pollution of the marine environment. Annex III provides were substantial. DATES: The effective date bf these amendments is January 1, 1993; that the packaging of harmful II. Discussion of Comments Received substances must be adequate to however, immediate compliance is to the President's January minimize the hazard to the marine In response authorized. 28, 1992 announcement of a federal environment posed by their specific regulatory review, DOT published a FOR FURTHER INFORMATION CONTACT. contents. Packages must be marked to notice on February 7, 1992 (Docket No. John A. Gale, Theresa C. Gwynn, or indicate that the contents are harmful to RR-1; 57 FR 4744) soliciting comments Jennifer K. Posten (202-366-4488) Office the environment, and must be stowed so of Hazardous Materials Standards, as to minimize the risk to the marine on the Department's regulatory RSPA received several RSPA, 400 Seventh Street SW., environment. In addition, a shipping programs. Washington, DC 20590-0001. paper or manifest setting forth the comments to Docket RR-1 concerning rule. SUPPLEMENTARY INFORMATION: harmful substances on board must be the proposed marine pollutant Because the comment period for the I. Background carried. Finally, parties are permitted to prohibit or impose quantity limitations NPRM coincided with the Docket RR-1 On January 31, 1992, RSPA published on the carriage of certain very comment period, the comments were in the Federal Register a notice of hazardous substances. As with all other very similar in content. The commenters proposed rulemaking (NPRM) (Docket MARPOL 73/78 annexes, parties to addressed issues such as the general No. HM-211; Notice No. 92-2; 57"FR Annex III are required to apply their concept of regulating marine pollutants, 3854) which proposed to amend the regulations to ships of nonparty including metam sodium, in all modes of Hazardous Materials Regulations (HMR; countries using their ports or off-shore transportation, and identifying marine 49 CFR Parts 171-180) by regulating, in terminals. pollutants on shipping papers. all modes of transportation, those Regulation 1.1, of Annex III states, in All of the comments have been materials that meet the definition of a part, that the regulations of the Annex considered in developing this final rule. marine pollutant. This proposal was apply to "harmful substances" in Based on the merit of comments to the published in order to comply with packaged form. Regulation 1.1.1, of NPRM and those received during the MARPOL 73/78 and to address Annex III identifies "harmful regulatory review, RSPA is modifying environmentally hazardous materials in substances" as those substances several proposed requirements, as domestic commerce. identified as marine pollutants under the indicated below. Federal Reg'ister / Vol. 57, No. 215 / Thursday, November 5, 1992 / Rules and Regulations 52931 Federal Re2ister I Vol. 57, No. 215 I Thursday, November 5, 1992 / Rules and Regulations 52931 In the NPRM, RSPA proposed to the need to refer to multiple sources to technical data are presented, a regulate marine pollutants in all modes assure compliance with the HMR. manufacturer of-a material should be of transportation, in both bulk and non- Several commenters encouraged RSPA allowed to add to and delete products bulk packages. Many commenters, to incorporate the IMO list of marine from Appendix B. The commenter added however, urged RSPA to reevaluate this pollutants into the existing § 172.101 that any changes made to the list of proposal. Several commenters Appendix (list of hazardous substances marine pollutants by GESAMP should recommended that the regulation of, under the Comprehensive be incorporated into appendix B to marine pollutants should be limited to Environmental Response, § 172.101 in a timely fashion. vessel shipments only. A few Compensation, and Liability Act Although RSPA believes shippers commenters added that RSPA should (CERCLA)) and use "E", "P" and "PP" to should be able to use a criteria-based not get involved in regulating marine distinguish the CERCLA hazardous system rather than a list-based system pollutants at all; that RSPA should leave substances, marine pollutants, and for the identification of environmentally it to the IMO to regulate marine severe marine pollutants, respectively. hazardous materials, the system pollutants on vessels. Some commenters In addition, commenters requested that developed by the IMO for identifying stated that a marine pollutant that is .tentative reportable quantities (RQ) be marine pollutants does not allow the reclassified as ORM-D (consumer assigned to marine pollutants until the shipper to use the environmental criteria commodity) should not be subject to any Environmental Protection Agency (EPA), developed ky GESAMP. Therefore, at additional regulations, even when through scientific evaluation, establishes this time, RSPA is adopting the list of transported by vessel, because of its substantiated RQ's. Other commenters marine pollutants identified in the IMDG lesser degree of environmental impact. requested that the marine pollutant list Code, and may consider, for future Other commenters stated that since the be incorporated into the HMT. Still rulemaking, the use of a criteria-based environmental disaster that took place other commenters supported the system. Any data that contradict the in July 1991 contaminating the proposal to incorporate the list of. listing or non-listing of chemicals as Sacramento River involved bulk marine pollutants as appendix B to marine pollutants should be presented packages, the regulations for marine § 172.101. to GESAMP for their consideration and pollutants should be limited to bulk Determining a material's proper the U.S. Coast Guard, Office of Marine packages. For example, the Conference shipping name and whether it is a Safety, Security and Environmental on the Safe Transportation of hazardous substance or a marine Protection (G-MTH-1). In addition, any Hazardous Articles, Inc. (COSTHA), pollutant are separate and distinct changes to the IMDG Code list of marine stated, "In view of the relative risks functions. The HMT is not a list of pollutants will be incorporated into the posed by non-bulk versus bulk chemicals; rather, it is a list of proper HMR by RSPA as expeditiously as shipments of marine pollutants, shipping names. The offeror must possible. COSTHA favors placing the regulatory determine the appropriate proper In the NPRM, RSPA specifically emphasis on bulk shipments." shipping name for a material by using a requested comments relative to the By regulating as hazardous materials set of guidelines, one of which is impact and benefit of also requiring the the marine pollutants identified by the knowledge of the material's hazard class MARINE POLLUTANT mark on IMDG Code, materials known to present or classes. The lists of hazardous packages and transport vehicles that -an environmental hazard will be substances and marine pollutants are must be labeled or placarded. In adequately regulated. However, based lists of specific chemicals designed to response to this request, several upon the comments and RSPA's help shippers determine if a material commenters stated that the marking analysis, RSPA has concluded that non- meets the definition of a hazardous requirement might be the beginning of a bulk packages of marine pollutants pose substance or a marine pollutant. Any proliferation of markings or placards for a limited threat of damage to the marine benefit that would result from having a soil, air, and other pollutants. In environment during non-vessel single list would be outweighed by the addition, many commenters did not transportation. Therefore, non-bulk confusion, and possible non-compliance, agree with the proposal to mark bulk packagings of marine pollutants, of shippers trying to distinguish a packages due to the profusion of transported in modes other than water, marine pollutant from a hazardous placards and markings already are not subject to the requirements set substance. Therefore, as proposed, mandated by the HMR, and the costs of forth in this final rule. However, RSPA is RSPA is adding the list of marine marking and remarking bulk packages, not excepting from the provisions of this pollutants as appendix B to § 172.101. freight containers, and transport final rule marine pollutants that are Many commenters opposed to the vehicles. reclassified as ORM-D in vessel adoption of the list of marine pollutants In this final rule, RSPA is harmonizing transportation. RSPA is unable to urged RSPA to establish criteria for the the HMR, in most respects, with the provide this exception because of the determination of marine pollutants. requirements of the IMDG Code for commitment of the United States of Some commenters stated that there may marine pollutants transported by vessel. America to comply with the provisions be materials that, due to lack of This includes mandating marine of Annex I1 which provides no information or unpublished data, are not pollutant markings for both bulk and equivalent exception. included in the list. The majority of non-bulk packages transported by In the NRPM, RSPA proposed to these commenters believed the criteria vessel. However, to avoid excessive and incorporate the list of marine pollutants should be based on existing criteria duplicative hazard communication into a separate appendix (appendix B) to from the EPA and the Joint Group of requirements, RSPA is not requiring the the § 172.101 Hazardous Materials Table Experts on the Scientific Aspects of MARINE POLLUTANT mark on bulk (HMT). Numerous commenters were Marine Pollution (GESAMP). One packages in non-vessel transportation concerned that the listing of marine commenter advised RSPA to consider that contain materials that also meet the pollutants in Appendix B would using the rate of biodegradability in definition of a hazard class other than unnecessarily complicate the determining the hazard of a marine Class 9. RSPA believes that any marine determination of proper shipping names pollutant using guidelines from EPA. pollutant that meets the definition of and markings on packages because of Another commenter asserted that if another hazard class, or a hazardous 52932 Federal Register / Vol. 57, No. 215 / Thursday, November 5, 1992 / Rules and Regulations 52932 Federal Register / Vol. 57, No. 215 / Thursday, November 5, 1992 / Rules and Regulations substance, or a hazardous waste, and Several commenters stated that the releases exceeding 400 kilograms or 450 that is marked, labeled, and placarded compliance date of this final rule should liters must be reported immediately- to accordingly, will already be be consistent with the transition dates the NRC irrespective of the size of the communicating the environmental in § 171.14 provided under Docket HM- packaging. hazards of the product to an emergency 181. The commenters believed that this responder. This is in agreement with the would greatly ease the regulated III. Review by Section majority of commenters, one of whom community's efforts to comply with Section 171.1 wrote: "Rather than create a more these requirements in the areas of complex identification system, it would training, hazard classification, This section is amended to expand the be more realistic to assume that all maintenance of product data bases, scope of the HMR to regulate the hazardous materials and hazardous package marking, and shipping paper transportation of marine pollutants in substances, including Class 9 materials, descriptions. RSPA agrees. Therefore, in intrastate, as well as interstate, are dangerous to the environment and § 171.4(d) of this rule, transitional transportation. marine life. This would eliminate the provisions are added to make Section 171.4. need to apply an additional placard requirements specific to marine indicating 'marine pollutant' without pollutants effective October 1, 1993, This section is added to note that the forfeiting any loss of identifiration. .except that packagings may conform to regulations in the HMR related to the There would be no failure in the transitional provisions in transportation of marine pollutants are communication provided the indication § 171.14(b)(5). However, it should be based on Annex III. In addition, a on the shipping paper-Marine noted that for purposes of international general exception from the requirements Pollutant-is maintained in this vessel transportation, compliance with of the HMR specific to marine pollutants proposal." the provisions in the IMDG Code are is provided for non-bulk packages when Almost all commenters stated that if likely to be enforced by other countries transported by motor vehicle, railcar, or the marine pollutant mark is required, as in the case for the transport of aircraft. In order for the U.S. to be in then its display should be allowed in a hazardous materials in general. conformance with the provisions of square-on-point placard holder for bulk In the NPRM, RSPA proposed to Annex Ill, this exception does not apply packagings, transport vehicles, and require immediate notification of the tQ the transportation. of marine freight containers. RSPA agrees, and has National Response Center (NRC) of any release of a marine pollutants by vessel in either' adopted this suggestion. To prevent pollutant. Many international or domestic commerce. confusion between the HMR and the commenters stated, however, that it IMDG Code, RSPA agrees with those would be unreasonable to expect Section 171.8 commenters who requested that the immediate reporting of "any" spill of a The definition of "Hazardous marine pollutant mark be allowed in marine pollutant. Other commenters material" is editorially revised to note contrasting colors to the packaging suggested that a spill of almost any size when applied as a sticker or label, as that those materials that are designated into (or immediately adjacent to) a body as hazardous materials are defined in well as in the proposed black on white. of water should be reported However, RSPA is not changing the § 171.8 (e.g., hazardous substances), are immediately, and that a non-water spill specified in § § 172.101 and 172.102 and wording on the marine pollutant mark to of 100 pounds or more should be the suggested "Toxic to Fish". The are those materials that meet the immediately reported also. One hazard classes and wording remains "Marine Pollutant", for commenter de'fining criteria for suggested that the term divisions in Part 173. A definition of simplicity and consistency with all "body of water" be defined based on the "Marine pollutant" is added. A mixture countries participating under Annex II. definition of "navigable waters" in 40 Several commenters requested that CFR 117.1. or containing one or more the marine pollutant mark be required materials listed in appendix B to R9PA believes that it is necessary § 172.101, is a marine pollutant if the on all four sides of bulk packagings, that certain releases of marine transport vehicles and freight containers total concentration of the material(s) pollutants be immediately reported to in appendix B to § 172.101 in one instead of only two sides as proposed. the NRC. These reports are necessary so listed Since the IMDG Code requires markings that appropriate authorities are notified package equals or exceeds: (1) Ten on all four sides, RSPA agrees and has of any potential threats to the percent by weight of the total amount in modified the final rule appropriately. environment. However, RSPA concurs the package or (2) one percent by weight As for the specific materials on the list with those commenters who stated that of the total amount in the package for of marine pollutants, one commenter it is unreasonable to immediately report materials that are identified as severe believed that it is inappropriate that "any" release of a marine pollutant. marine pollutants. chlorine was listed while another Therefore, RSPA is adopting a Section 171.11 commenter questioned why the marine requirement for immediate reporting to pollutant list covered turpentine, alpha- the NRC of a release of a marine This section is revised to note that pinene, and alcohol ethoxylates, when pollutant in a quantity that equals or shipments made in accordance with the similar pollutants, such as kerosene, exceeds the minimum threshold for ICAO Technical Instructions must diesel and jet fuels are not listed. The "bulk" under the HMR, i.e., 450 liters for conform to certain shipping paper and list of chemicals on the marine pollutant liquids or 400 kilograms for solids. Since marking requirements in the HMR list is not a complete list of all chemicals the amendments promulgated under this related to marine pollutants. that can cause environmental damage. final rule do not apply to non-bulk Section 171.12a However, RSPA believes that the packages transported by highway, rail standards developed by GESAMP and or aircraft, this reporting requirement This section is revised to note that used by IMO for listing marine -only applies in highway, rail and air shipments from Canada must conform to pollutants provide sufficient justification transport when the release of the marine certain shipping paper and marking for regulating those chemicals that pollutant is from a bulk packaging. For requirements in the HMR related to appear on the list of marine pollutants. transportation by vessel, however, marine pollutants. Federal Register / Vol. 57, No. 215 / Thursday, November 5, 1992 / Rules and Regulations 52933

Section 172.101 added to appendix B of § 172.101 at a being blank. Labels and stickers of the The proper shipping name and hazard later date. mark are allowed in contrasting colors to the packaging. class for a material that meets the Section 172.203 definition of a marine pollutant, and Paragraph (1)is added to this section Section 173.12 does not meet the definition of another to require the technical name of thb hazard class, is "Environmentally This section is amended to require lab material to be added in parentheses packs containing marine pollutants to hazardous substances, liquid, n.o.s., when the name of the marine pollutant Class 9," for a liquid, or comply with the requirements of is not identified in the proper shipping § § 172.203(1) and 172.322. "Environmentally hazardous name. In addition, this section requires substances, solid, n.o.s., Class 9," for a the words "Marine pollutant" to appear Section 173.140 solid. These descriptions are the same in association with the basic as those for CERCLA hazardous description. This section is amended to add substances that meet no other hazard The Hazardous Materials Advisory marine pollutants to the definition of class in the HMR. Non-bulk packagings Council (HMAC) requested, for Class 9. If a marine pollutant meets the are selected from §§ 173.203 or 173.213, consistency with the IMDG Code, that definition, of another hazard class, and must withstand the testing criteria the following sentence be added to however, the class of the material is for Packing Group III. Bulk-packagings proposed § 172.203[1)(1): "For pesticide determined in accordance with § 173.2a. are selected from either § § 173.240 or or pesticide preparations, the marine Marine pollutants that meet no other 173.241, as appropriate. A special pollutant component indicated in the hazard class are classified as a Class 9 provision, "N50", is added to these two parentheses may be supplemented by material and are shipped under the shipping descriptions that excepts the percent of the active ingredient." proper shipping name of marine pollutants, that do not meet the Though RSPA agrees with this "Environmentally hazardous definition of a hazardous substance, commenter, RSPA believes that the substances, liquid or solid, n.o.s." hazardous waste, or the definition in inclusion of the percentage of a Section 173.150 § 171.140(a), from the labeling technical name. should not be limited to requirements of part 172. In addition, in marine pollutants. Therefore, RSPA is This section is amended to provide order to easily identify the proper revising § 172.202(d) to allow the that combustible liquids in non-bulk shipping name for a marine pollutant inclusion of the percentage of the packagings that meet the definition of a that is properly classified as a Class 9 technical constituent for all hazardous marine pollutant are subject to the material, the entry "Marine pollutants, materials descriptions. requirements of the HMR. liquid or solid, n.o.s. see Environmentally hazardous substances, Section 172.322 Section 173.154 liquid or solid, n.o.s." is added to the This section is added to delineate This section is amended to provide § 172.101 Hazardous Materials Table. package and vehicle marking that materials corrosive to aluminum requirements for the transportation of Appendix to § 172.101 and steel that meet the definition of a marine pollutants. There are distinctly marine pollutant are subject to the The appendix to § 172.101, which different marking requirements for HMR. identifies CERCLA hazardous vessel versus non-vessel modes of substances, is renamed "Appendix A to marine pollutant transportation. The Section 173.425 § 172.101." RSPA is adding an appendix marking requirements for marine This section is amended to require, for B to § 172.101, entitled "List of Marine pollutants transported by vessel Pollutants," to identify those substances vessel transportation, the MARINE harmonize with the IMDG Code. For POLLUTANT mark on packages of low designated as marine pollutants. The non-bulk packages, RSPA is requiring first column of the list, entitled "S.M.P.," specific activity radioactive material the placement of the MARINE that contain a marine pollutant and that identifies those materials which are POLLUTANT mark and the specific are shipped under exclusive use. severe marine pollutants by the letters technical name of the marine pollutant "PP". One difference between the list of to be marked on the package in Section 174.25 marine pollutants in appendix B to parentheses in association with the § 172.101 and those substances marked proper shipping name if the This section is amended to require identified as marine pollutants in the proper shipping name does not identify that the words "Marine Pollutant" IMDG Code, is that RSPA is not listing the components that make the material appear on switching orders, receipts and generic shipping names as marine a marine pollutant. Except for certain tickets in association with shipping pollutants as is done in the IMDG Code. combination packages of marine descriptions for marine pollutants. These commodities are still subject to pollutants transported by vessel, non- Section 176.70 the requirements for marine pollutants, bulk packages must bear the MARINE however, if the material described under POLLUTANT mark. In vessel This section is added to prescribe, the generic entry meets the definition of Transportation, any bulk packaging, minimum stowage requirements for marine pollutant in § 171.8. transport vehicle, or freight container marine pollutants in vessel On January 29, 1992, the IMO must be marked on all four sides with transportation. Subcommittee on the Carriage of the MARINE POLLUTANT mark. For The following sections have been Dangerous Goods revised the list of transportation by air, rai l or highway, amended to require marine pollutants marine pollutants by adding and bulk packagings must be marked on all that are reclassified as ORM-D to be deleting numerous entries. This final four sides unless they are placarded in subject to the shipping paper rule incorporates the deletions that were accordance with the HMR. The MARINE requirements of the HMR: § § 173.150, approved by the IMO for incorporation POLLUTANT mark may be displayed in 173.151, 173.152, 173.153, 173.154 and into the next revision of the IMDG Code. a standard square-on-point placard 173.155. In addition, the following Chemicals that were added by the IMO holder with the upper half displaying the sections have been amended in tothe list of marine pollutants will be mark, black on white, and the lower half accordance with the foregoing preamble 52934 Federal Register / Vol. 57, No. 215 / Thursday, November 5, 1992 / Rules and Regulations 52934 Federal Register I Vol. 57, No. 215 I Thursday, November 5, 1992 / Rules and Regulations discussions: §§ 172.202, 172.324, 173.29, V. Regulatory Analyses and Notices List of Subjects and 173.421-2. A. Executive Order 12291 and DOT 49 CFR Part 171 IV. Federal Preemption Under the Regulatory Policiesand Procedures HMTA Exports, Hazardous materials This rule does not meet the criteria transportation, Hazardous waste, Section 105(a)(4) of the Hazardous specified in section 1(b) of Executive Imports, Incorporation by reference, Materials Transportation Act (HMTA), Order 12291 and is, therefore, not a Reporting and record keeping as amended by the Hazardous Materials major rule, but it is considered a requirements. Transportation Uniform Safety Act of significant rule under the regulatory 1990 (HMTUSA), preempts any non- 49 CFR Part 172 procedures of the Department of Federal (i.e., State, political subdivision, Hazardous materials transportation. Transportation (44 FR 11034) because of or Indian tribe) law or regulation Hazardous waste. Labels, Markings, the significant public and congressional concerning certain "covered subjects" Packaging and containers, Reporting interest. This unless the non-Federal requirement is final rule does not require and record keeping requirements. "substantively the same" as the Federal a Regulatory Impact Analysis, or an law or regulation on that subject. The environmental assessment or impact 49 CFR Part .173 .covered subjects" are: statement under the National Explosives, Hazardous materials (i) The designation, description, and Environmental Policy Act (42 FR 4321 et transportation. Packaging and- classification of hazardous materials; seq.). A regulatory evaluation is containers, Radioactive materials, (ii) The packing, repacking, handling, available for review in the Docket. Reporting and record keeping labeling, marking, and placarding of B. Executive Order 12612 requirements, Uranium. hazardous materials; 49 CFR Part 174 (iii) The preparation, execution, and This action has been analyzed in use of shipping documents pertaining to accordance with the principles and Hazardous materials transportation, hazardous materials and requirements criteria in Executive Order 12612. This Radioactive materials, Railroad safety. respecting the number, content, and final rule does not have sufficient 49 CFR Part 176 placement of such documents; Federalism implications to warrant the (iv) The written notification, preparation of a Federalism Hazardous materials transportation. recording, and reporting of the Assessment. Maritime carriers, Radioactive materials, Reporting and record keeping unintentional release in transportation The Hazardous Materials requirements. of hazardous materials; or Transportation Act contains an express (v) The design, manufacturing, preemption provision (49 App. U.S.C. In consideration of the foregoing, fabrication, marking, maintenance, 1804(a)(4)) that preempts State and local parts 171, 172, 173, 174 and 176 of Title reconditioning, repairing, or testing of a requirements on certain covered 49, Code of Federal Regulations, are package or container which is subjects (including the designation, amended to read as follows: represented, marked, certified, or sold as qualified for use in the transportation description, and classification of PART 171-GENERAL INFORMATION, hazardous materials) of hazardous materials. unless the State or REGULATIONS, AND DEFINITIONS In a February local requirement is substantively the 28, 1991 final rule (56 FR 1. The authority citation for part 171 8616), same as the Federal requirement on that RSPA added a new preemption continues to read as follows: standard to § 107.202 to mirror the subject. Thus, RSPA lacks discretion in' requirements of the HMTA. To the this area. Authority: 49 App. U.S.C. 1802, 1803, 1804. 1805, 1808,'1815 and 1818, 49 CFR Part 1. extent that the requirements of this final C. Regulatory FlexibilityAct rule involve covered subjects, States, 2. In § 171.1, paragraph [a)(3)(iv) is political subdivisions, or Indian tribes This regulation has minimal impact on added to read as follows: are only allowed to establish, maintain, shippers and carriers of marine and enforce laws, regulations, or other pollutants, some of whom may be small § 171.1 Purpose and scope. requirements concerning such subjects if business entities. Based on limited they are substantively the same as the information received from commenters (a)* * * requirements In Docket HM-211. In a concerning the size and nature of (3) * * May 13, 1992 final rule (57 FR 20424) entities likely affected by this final rule, (iv) Marine pollutants. RSPA defined the phrase "substantively I certify this regulation will not have a the same". Section 105(a)(5) of the significant economic impact on a 2a. Section 171.4 is added to read as HMTA, as amended by HMTUSA, substantial number of small entities follows: provides that if DOT issues a regulation under criteria of the Regulatory concerning any of the covered subjects Flexibility Act. § 171.4 Marine pollutants. after the date of enactment of the (a) Except as provided in paragraph HMTUSA (November 16, 1990), DOT D. PaperworkReduction Act (c) of this section, no person may offer must determine and publish in the The information collection for transportation or transport a marine Federal Register the effective date of the requirements contained in § 172.203(1) pollutant, as defined in § 171.8, in Federal preemption. That effective date have been approved by the Office of intrastate or interstate commerce except may not be earlier than the 90th day Management and Budget (OMB) under in accordance with the requirements of following the date of issuance and not this subchapter. later than two years after the date of control number 2137-0034 (expiration date September 30, 1994) which was (b) The requirements of this issuance. RSPA has determined that the subchapter for the transportation of effective date of Federal preemption for issued by OMB under the provisions of the Paperwork Reduction Act of 1980 marine pollutants are based on the these requirements will be October 1, provisions of Annex III of the 1973 (Pub. L. 96-511). 1993. International Convention for Prevention Federal Register / Vol. 57, No. 215 / Thursday, November 5, 1992 / Rules and Regulations 52935 of Pollution from Ships, as modified by (13) Transportation of marine Appendix 8 4o § 172.101-List of Marine the Protocol of 1978 (MARPOL 73/78). pollutants, as defined in § 171.8 of this Pollutants (c) Exceptions. Except when subchapter, in bulk packagings must 1. This appendix lists potential marine transported aboard vessel, the conform to the requirements of pollutants as defined in § 171.8 of this requirements of this subchapter specific § § 172.203(1) and 172322 of this subchapter. to marine pollutants do not apply to subchapter. 2. If a marine pollutant meets the definition non-bulk packagings transported by 6. In § 171.12a, paragraph (b)(15) is of any hazard class or division as defined in motor vehicles, rail cars or aircraft. added to read as follows: this subchapter, other than Class 9, the class (d) Transitionalprovisions.The of the material must be determined in requirements of this subchapter specific § 171.12a Canadian shipments and accordance with § 173.2a of this subchapter. to marine pollutants are effective packagings. 3. This appendix contains two columns. October 1, 1993, except that packagings )* * * * The first column, entitled "S.M.P." (for severe marine pollutants), ,identifies whether a may conform to the transitional (b) * provisions of § 171.14(b)(5) of this part. (15) Transportation of marine material is a severe marine pollutant. If the pollutants, as defined in § 171.8 of this letters "PP, appear in this column for a § 171.8 [Amended) material, the material is a severe marine subchapter, must conform to the pollutant, otherwise it is not. The second 3. In § 171.8, the definition of requirements of §§ 172.203(1) and "Hazardous substance" is amended by column, entitled "Marine Pollutant", lists the 172.322 of this subchapter. marine pollutants. removing the words "the appendix" and 6a. In § 171.15, paragraph (a)(4J is replacing them with the phrase redesignated as paragraph (a)(5) and a Appendix B to § 172.101 List of Marine "Appendix A" in paragraphs (1), (2), and new paragraph (a)(4) is added to read as Pollutants (3)(i). follows: 4. In § 1.71.8, the definition of § 171.15 Immediate notice of certain "hazardous material" is revised and the S.M.P. Marine Pollutant definition of "marine pollutant" is added hazardous materials Incidents. * * * (2) in appropriate alphabetical order to read (a) Acetone cyanohydrin, stabi- as follows: (4) There has been a release of a lized marine pollutant in a quantity exceeding Acetylene dibromide § 171.8 Definitions and abbreviations. 450 L (119 gallons) for Acetylene tetrablomide liquids or 400 kg Acetylene tetrachloride (882 pounds) for solids; or Hazardous Acraldehyde, inhibited materialmeans a Acrolein, inhibited substance or material, which has been Acrylic , inhibited determined by the Secretary of PART 172-HAZARDOUS MATERIALS Alcohol C-12 - C-15 poly(1-3) ethoxylate Transportation to be capable of posing TABLE AND HAZARDOUS MATERIALS an unreasonable risk to health, Alcohol C-13 - C-15 poly(1-6) safety, COMMUNICATIONS REQUIREMENTS ethoxylate and property when transported in AND EMERGENCY RESPONSE Alcohol C-6 - C-17 commerce, and which has been so INFORMATION REQUIREMENTS (secondary)poy(3-6) ethox- designated. The term includes ylate hazardous substances, hazardous 7. The authority citation for part 172 PP ...... wastes, marine pollutants, and elevated continues to read as follows: Alkylphenols, liquid, n.o.s. (in- temperature materials as defined in this Authority: 49 App. U.S.C. 1803, 1804, 1805, cluding C2.C8 homo- section, materials designated as and 1808; 49 CFR part 1, unless otherwise logues) hazardous under the provisions of Alkylohenols, solid, n.o.s. (in- noted. cluding C2-C8 homo- §§ 172.101 and 172.102 of this logues) subchapter, and materials that meet the § 172.101 [Amended] Allyl bromide ortho-Aminosnisole defining criteria for hazard classes and 8. In the § 172.101 Table, the following divisions in part 173 of this subchapter. changes are made: ...... Ammonium arsenate a. The entry "Marine pollutants, liquid ...... I...... Ammonium dinitro-o-cresolate Marinepollutant, means a hazardous or solid, n.o.s., see Environmentally ...... Amyl mercaptans material which is listed in appendix B to hazardous substances, liquid or solid ...... I...... ortho-Anisidines n.o.s." is added to Column 2 Arsenates, liquid, no.s. § 172.101 of this subchapter and, when in Arsenates, solid, n.o.s. in a solution or mixture of one or more appropriate alphabetical order; and Arsenic bromide marine pollutants, is packaged in a b. For the entries "Environmentally Arsenic chloride concentration which equals or exceeds: hazardous substances, liquid, n.o.s." and Arsenical pesticides liquid, (1) Ten percent by weight of the" "Environmentally hazardous toxic, flammable. no.s. PP ...... Azenphos.methyl solution or mixture for materials listed substances, solid, n.o.s.", special Azinphos-ethyl in the appendix; or provision "'N50" is added to column 7. Barium compounds, soluble. (2) One percent by weight ...... p ...... -. : no.S. of the Appendix to solution or mixture for materials that are A § 172.101-List of Barium cyanide Hazardous Substances identified as severe marine pollutants in and Reportable Quantities Benquinox the appendix. Benzy chlorocarbonate * * * * * 9. The appendix to.§ 171.101 is PP ...... Benzyl chloroformate redesignated as Appendix A to Binapacryl 5. In § 171.11, paragraph (d)(13) is Biphenyl phenyl ether and dv § 171.101, and the title is revised added to read as follows: to read PP ...... phenyl oxide, mixtures as set forth above. Brodifacoum § 171.11 Use of ICAO Technical Bromine cyanide Instructions. Appendix B to § 172.101 [Added] Bromoallylene ortho.Bromobenzyl cyanide 10. A new appendix B to § 172.101 is Bromocyane (d) * * added to read as follows: Bromoform 52936 Federal Register / Vol. 57, No. 215 / Thursday, November 5, 1992 / Rules and Regulations

S.M.P. Marine Pollutant S.M.P. Marine Pollutant Marine Pollutant

(1) (2) (2) (2) - ...... !...... (1) PP Bromophos-ethy Cyanide mixtures Diphenylchloroarsine, solid or 3-Bromopropene Cyanide liquid Bromoxynil Cyanides, inorganic, n.o.s. 2-Butenal, inhibited Cyanogen bromide DNOC Butyl benzenes Cyanogen chloride, inhibited DNOC (pesticide) P ...... P...... Butyl benzyl phthalate PP...... Dodecylphenol Butylphenols, liquid PP...... Cyhexatin Drazoxolon Butylphenols, solid Edifenphos para-tertiary-butyltoluene 2,4-D Endosufan PP...... PP...... Cadmium compounds ...... ;...... DDT Cadmium suiphide Decyl acrylate EPN ...... DEF PP...... Calcium arsenate and calci- Di-alate um arsenite, mixtures, solid Di-n-Butyl phthalate Ethyl acrylatel inhibited ..P...... chlorothioformate Calcium cyanide PP ...... Dialifos Ethyl Calcium naphthenate Ethyl fluid Camphechlor 1,2-Dibromethene 5-Ethyl-2-picoline PP ...... 1,2-Dibromoethane Ethyl propenoate, inhibited Dichlofenthion 2-Ethyl-3-propylacrolein bisulphide ...... Dichloroanilines Ethyl tetraphosphate Carbon tetrabromide o-Dichlorobenzene Ethyldichloroarsine p-Dichlorobenzene Ethylene chloride 1,3-Dichlorobenzene Ethylene dibromide and Cartap hydrochloride 1,2-Dichlorobenzene methyl bromide mixtures, 1,4-Dichlorobenzene liquid ...... Dichlorobenzene .(meta; Ethylene dichloride ...... z- Chlorinated paraffins (C-10 - PP ...... ortho; para) ' 2-Ethylhexenal ...... C-13) PP.....P...... 2,2-Dichlorodiethyl ether Ethylidene dichloride Chlorine Dichloroether Fenaminphos Chlorine cyanide, inhibited Dichloroethyl ether Chlormephos PP ...... Dichloroethyl oxide PP...... I 4-Chloro-2-nitrotoluene ...... 1,1-Dichloroethylene, inhibited Fensulfothion PP ...... PP Chloro-ortho-nitrotoluen 1,6-Dichlorohexane 2-Chloro-5- Dichlorophenols, liquid Fentin acetate trifluoromethynitrobenzene Dichlorophenols, solid Fertin hydroxide para-Chlorobenzyl chloride, 2,4-Dichtorophenoxyacetic Ferric arsenate PP...... liquid or solid acid (see also 2,4D) .Ferric arsenite Chlorobenzylchlorides Ferrous arsenate PP...... 2,4-Dichlorophenoxyacetic Chlorodinitrobenzenes acid diethanolamine salt I -Chloroheptane 2,4-Dichlorophenoxyacetic P...... 1-Chlorohexane acid dimethylamine salt gamma-BHC Chloronitroanilines 2,4-Dichlorophenoxyacetic Gasoline, leaded Chloronitrotoluenes liquid acid triisopropylarlne salt Chloronitrotoluenes. solid Dichlorophenytichlorosilane Heptenophos 1-Chlorooctane normal-Hepty chloride Chiorophenates, liquid PP...... Hexachlorobutadiene Chlorophenates, solid 1.3-Hexachlorobutadiene Chlorophenols, liquid Diisopropylbenzenes Hexaethy tetraphosphate Chlorophenols, solid liquid Chlorophenyltrichlorosilane Dimethylarsinic acid , alpha-Chloropropylene Dimethylphenos, liquid or solid 1 -Chloropropylene solid norma-Hexyl chloride 2-Chloropropylene Dinitro-o-, solid Hydrocyaic acid, anhydrous, Chlorotoluenes Dinitro-o-cresol, solution stabilized Chlorpyriphos Dinitrochlorobenzenes, liquid Hydrocyanic acid, anhydrous, Chlorthiophos or solid stabilized, absorbed In a Chromyl chloride Dinitrophenol, dry or wetted porous inert material Coal tar with less than 15 per cent Hydrocyanic acid, aqueous Coal tar naphtha water, by mass solutions not more than Cocculus Dinitrophenol solutions 20% hydrocyanic acid Copper acetoarsenite Dinitrophenol. wetted with not cyanide, anhy- Copper arsenite less than 15 per cent drous, stabilized Copper chloride water, by mass Hydrogen cyanide, anhy- Copper cyanide Dinitrophenolates alkali drous, stabilized, absorbed Coumachlor metals dry or wetted with in a porous inert materiat less than 15 per cent Hydroxydimethylbenzenes Creosote (coal tar) water, by mass liquid or solid Creosote (wood tar) Dinitrophenolates, wetted .....I...... I...... loxynil (o-; m-,p-) with not less than 15 per ...... Isoamyl mercaptan Cresyl diphenyl phosphate cent water, by mass ...... Isodecyl acrylate Cresylic acid ...... , Dinobuton ...... 1.4- Isodecyl diphenyl phosphate Cresylic acid sodium salt Dinoseb ...... Isolenphos Crotonaldehyde, inhibited Dioxacarb ...... Isooctyl nitrate Crotonic aldehyde I...... Isoprocarb Crotoxyphos Diphacinone ...... I Isopropenyl chloride Cumene PP...... Diphenyl ...... I...... Isopropenylbenzene Cupric arsenite Diphenyl ether ...... Isopropyl chloride Cupric chloride Diphenyl oxide ...... I...... Isopropylbenzene Cupric cyanide Diphehyl oxide and biphenyl PP ...... Cupriethylenediamine solution phenyl ether mixtures ...... I...... Lead acetate Cuprous chloride Diphenyamine chloroarsine I...... I...... Lead arsenates Federal Register / Vol. 57, No. 215 / Thursday, November 5, 1992 / Rules and Regulations 52937

S.M.P. I Marine Pollutant S.M.P. Marine Pollutant SM.P. I Marine Pollutant (1) (2) (1) (2) (1) (2) Lead arsenites PP ...... (I) (mercurous) com- PP ...... Organotin pesticides, liquid. Lead compounds, soluble, pounds (pesticides) toxic, flammable. n.o.s. n.o.s. PP ...... ,Mercury (11) (mercuric) com- PP ...... Organotin pesticides, liquid. Lead cyanide pounds (pesticides) toxic, n.o.s. Lead nitrate Mercury iodide PP ...... Osganotin pesticides, solid, Lead perchlorate, solid or so- Merctuy Iodide. solution ,toxic, n.o.s. PP...... 0r.thoarsenic acid ktion PP...... Mencury nucleate Lead tetraethyl Mercury oleale Osmium tetroxide ...... PP ...... -...... Lead tetramethyl Mercury oxide I PP ...... Oxydisultoton PW ...... tk ane Mercury oxycyanide, desensi- London Purple fired PP...... ePareoxon ...... Magnesium arsenate PP ...... cyanide PP...... Mercury potassium Parathion-methyl ...... PP ...... Mercury potassium iodide PP-...... Maneb or Maneb prepara- PP ...... Mercury salicylate Peitachloroethane tons wit* not less than ...... Mercury sulfates PP ...... PP Pertachlorophenol 60% maneb Mercury thiocyanate P...... PP...... 'Pertachlorophenol Maneb or Maneb prepara- Metaarsenlc acid Rentalin tions eWthnot less than 60 Metam-sodium per cant maneb Pentanethiols PP...... iPercitloroethylene Maneb stabilized ,or Maneb Methanethiol Perchloromethylmercaptan preparations, stabilized Petrol. leaded against self-heating PP ...... Methomy Pherirsazine chloride Manganese ethylene-1,2jbis ortho-Methoxyaniline PP 1...... dithiocarbamate Methyl bromide and ethylene 1.Phenylbutane Manganese ethylene-i,2.bis- dibromide mixtures, liquid dithiocarbamate, stabilized ...... 2-Phenylbutane I-Methyl-4.ethylberzene Phenylethylene, inhibilted against self-heating 2-Methyl-5-ethypyridine PP...... Mephosfolan PP ...... PhenylnWrcuric acetate Methyl mercaptan Phenylmercuric compounds, Mercaptodimethur 2-Methyl-2-phenylpropane Mercarbam PP ...... ,n.o.s. PP ...... 3-Methyt pyridine Phenylmercuric hydroxide PP...... Mercuic acetate PP...... Methyl salicylate PP...... 'Mercuric ammonium chloride fterylmercuric ,nitrate PP ...... 3-Methylacroleine, Inhibited 2-Phrnylpropene Mercuric arsenate PP...... PP ...... Methylchlorobenzenes ' PP ...... Mercuric benzoate Methylcnlorolorm PP ...... Pl~osaione PP ...... Mercuric bisulphate Methylene bromide Mercuric bromide ' PP ...... tMethylene dibromide PP...... Mercuric chloride P...... PP ...... Methylnaphthalenes. liquid Ptosphorus, white Or yellow PP ...... Mercuric cyanide Methyinapteitaleas. soid Mercuric gluconate dry or under water or in Methylnitrptienols solution PP ...... Mercuric iodide PP ...... Mercuric nitrate alpha-Methylstyrene phosoihos white, or yellow. PP...... Methylstyrenes, inhibited molten Mercuric oleate PP ...... Methyltrithion PIP...... PlMdone (and salts O PP ...... Mercuric oxide Mercuric oxycyanide, desensi- Methyvinylbenzenes, inhibit- alpha-Pinene ed tized PP...... PP ...... _1...... P nmicasb PP ...... '.Pirmiphos-ethyl Mercuric potassium cyanide ...... PP ...... #Mexacarbate PP 'olychiorinated biphenyls Mercuric Sulphate PP...... Mercuric sulphide ...... , iPolalogenated biphenyls. PP ...... - iqid or Terphenyls liquid PP ...... Mercuric thiocyanate PP...... iMercurol Motor fuel anti-knock mix- Pelyhalogenated biphenyls, PP ...... tures ,solid or Terphenyls, solid Mercurous acetate PP ...... * Motor fuel anti-knock mix- cuprocyanide PPPP...... Mercurous bisuphate Potassium PP ...... PI...... tures or compounds Potassium cyanide Mercurous bromide PP ...... PP ...... Mercurous chloride Nabam P.tassium cyanocuprate I Petassium cyanomercurate PP ...... Mercurous nitrate Potassium dihydrogon arse- PP ...... Mercurous salicylate. , Naphtha. coal tar PP...... Naphthalene. crude or refined ...... Rate PP ...... Mercurous sulphate ...... PP ...... , Potassium mercuric Iodide PP ...... Mercury acetates Naphthalene. molten PP ...... Mercury ammonium chloride Naphthenic acids, liquid JPremecarb acids, solid Propaphos PP ...... Mercury based pesticides, PP...... Naphthenic PIP ...... Propenal, Inhibited liquid, flammable, toxic. PP...... Nickel carbonyl Propenyl chloride (cis-; trans-) rn.o.s. PP...... Nickel cyanide PP ...... Mercury based pesticides. 'Nickel tetracarbonyl liquid, toxic, flammable. * Nitrates, inorganic, n.o.s. :ropylene dichloride nAo.a Nitrites, inorganic, n.o.s. ,Propylidene dichloride PP ...... Mercury based pesticides. 3,NitrO-4- P retheate liquid, toxic, n.o.s. chlorobenzotrifluoride ,Prussic acid. anhydrous, sta- PP ...... Mercury based pesticides, Nitrobenzotnfluorides bilized solid, toxic, n.o:s. Nitrocresols , Rwssic acid, anhydrous, sta- PP ...... Mercury benzoate Nitroxylenes, (o-; in-; p-) bilized, absorbed in a porous inert material PP ...... Mercry bichloride PP...... iNenylphenol PP ...... PP ...... Mercury bisulphates Organotin compounds. liquid, P yrazophos PP ...... Mercury bromides n.o.s. Quinelphos PP ...... Mercury compounds, liquid, Organotin compounds (pesti- Aetenone cides) Salithion n.o.s. PP...... PP ...... Mercury compounds, solid, Organetin compounds. solid. Silver arsenite no.s. nos. j Silver cyanide PP ...... Mercury compounds, solid, Organotin pesticides, liquid, Silvererthoarsenite no.s. flammable, toxic, n.o.s., Sodium copper cyanide, solid PP ...... Mercury cyanide flsh point less than 23deg Sodium copper -Cyanide solu- PP ...... Mercury glucenate .C Ilea 52938 Federal Register / Vol. 57, No. 215 / Thursday, November 5, 1992 / Rules and Regulations

S.M.P. I Marine Pollutant S.M.P. Marine Pollutant appear in parentheses in association with the basic description. (1) (2) (1). (2) (2) The words "Marine Pollutant" PP ...... Sodium cuprocyanide, solid PP ...... White phosphorus, dry PP ...... Sodium cuprocyanide, solu- PP ...... White phosphorus, molten shall be entered in association with the tion PP ...... White phosphorus, wet basic description for a material which is Sodium cyanide ...... W hite spirit, low (15-20% ) ar- a marine pollutant. Sodium dinitro-o-cresolate, omatic dry or wetted with less than ...... Xylenols 15 per cent water, by mass PP ...... Yellow phosphorus, dry 16. Section 172.322 is added to read as Sodium dinitro-ortho-creso- PP ...... Yellow phosphorus, molten follows: late, wetted wth not less PP ...... Yellow phosphorus, wet than 15 per cent water, by ...... Zinc brom ide § 172.322 Marine pollutants. mass ...... Zinc cyanide Sodium metaarsanite (a) For vessel transportation of each Sodium orthoarsenate non-bulk packaging that contains a PP .. 7 ...... Sodium pentachlorophenate 11. In § 172.102, paragraph (c)(5), marine pollutant- Strontium orthoarsenite (1) If the proper shipping name for a Strychnine or Strychnine salts special provision "N50" is added in Styrene monomer, inhibited appropriate alpha-numerical order: material which is a marine pollutant does not identify by name the PP ...... Sulprophos § 172.102 Special provisions. component which makes the material a Sym-Dichloroethyl ether * * * * * marine pollutant, the name of that Temephos (c) * * component must be marked on the TEPP (5) * * * PP ...... package in parentheses in association 1,1.2,2-Tetrabromoethane N50 A Class 9 material that meets the with the marked proper shipping name. Tetrabromomethane definition of a marine pollutant, but Where two or more components which Tetrachloroethane does not meet the definition of a 1,1,2,2-Tetrachloroethylene make a material a marine pollutant are Tetrachloromethane hazardous substance or a hazardous present, the names of at least two of the Tetrachlorophenol waste or the definition in § 173.140(a) components most predominantly Tetraethyl dithiopyrophos- of this subchapter, is excepted from contributing to the marine pollutant phate the labeling requirements of this part. designation must appear in parentheses ...... Tetraethyl lead, liquid ...... Tetramethyllead in association with the marked proper I...... Thallium chlorate shipping name; and ...... Thallium compounds, n.o.s. § 172.200 [Amended] (2) The MARINE POLLUTANT mark Thallium compounds (pesti- 12. In § 172.200, in the introductory shall be placed in association with the cides) text of paragraph (b), the phrase Thallium compounds (pqsti- hazard warning labels required by cides) "hazardous waste or a hazardous Subpart E of this Part or, in the absence Thallium nitrate substance," is removed and replaced of any labels, in association with the Thallium sulfate with the phrase "hazardous substance, marked proper shipping name. Thallous chlorate hazardous waste or marine pollutant,". Thiocarbonyl tetrachloride (b) A bulk packaging that contains a Triaryt phosphates, isopropy- § 172,202 [Amended] marine pollutant must be marked on lated each end and each side with the PP ...... Triaryl phosphates, n.o.s. 13. In § 172.202, paragraph (d) is MARINE POLLUTANT mark and must Triazophos amended by removing the phrase "may Tribromomethane be visible from the direction it faces. be used." and replacing it with the This mark may be displayed in black PP ...... Tributyltin compounds phrase Trichlorfon "and/or the percentage of the lettering on a white square-on-point technical constituent Trichlorobenzenes, liquid may also be used." configuration having the same outside Trichlorobutene Trichlorobutylene § 172.203 [Amended] dimensionsI c) A as a placard. transport vehicle or freight Trichloromethane sulphuryl 14. In § 172.203, paragraph (c)f1)(i) is chloride amended by removing the words "the container that contains a package Trichloromethyl sulphochlor- subject to the marking requirements of ide appendix" and replacing them with the Trichloronat phrase "Appendix A". paragraph (a) or (b) of this section must (less 15. In § 172.203, paragraph (1) is added be marked with the MARINE than 1% ortho-isomer) to read as follows: POLLUTANT mark. The mark must PP ...... Tricresyl phosphate (not less appear on each side and each end of the than 1% ortho-isomer) § 172.203 Additional description Tricresy phosphate with transport vehicle or freight container, more than 3 per cent ortho requirements. and must be visible from the direction it isomer faces. This requirement may be met by Triethylbenzene (1) Marine pollutants, (1) If the proper the marking displayed on a freight Trimethylene dichloride shipping name for a material container or portable tank loaded on a PP ...... Triphenytin compounds which is a Tritolyl phosphate (less than marine pollutant does not identify by motor vehicle or rail car. This mark may 1% ortho-isomer) name the component which makes the be displayed in black lettering on a PP ...... Tritolyl phosphate (not less material a marine pollutant, the name of white square-on-point configuration than 1%ortho-isomer) that component must appear in having the same outside dimensions as ...... Trixylenyl phosphate Turpentine parentheses in association with the a placard...... Turpentine substitute basic description. Where two or more (d) The MARINE POLLUTANT mark Vinylbenzene, inhibited " components which make a material a is not required- Vinylidene chloride, inhibited marinepollutant are present, the names (1) On a combination package Vinyltoluenes, inhibited mixed isomers of at least two of the components most containing a severe marine pollutant Warfarin (and salts of) predominantly contributing to the (see appendix B to § 172.101), in inner White arsenic marine pollutant designation must packagings each of which contains: Federal Register / Vol. 57, No. 215 / Thursday, November 5, 1992 / Rules and Regulations 52939

(i} 0.5 liters (17 ounces] or less net (i) 5 liters (1 gallon) or less net a label or placard specified in Subparts capacity for liquids; or capacity for liquids; or E or F of this part. (ii) 500 grams (17.6 ounces) or less net (ii) 5 kilograms (11 pounds] or less net (e) MARINE POLLUTANT mark. The capacity for solids. capacity for solids. MARINE POLLUTANT mark must (2) On a combination packaging (3) Except for transportation by conform to the following: containing a marine pollutant, other vessel, on a bulk packaging, freight (1] Except for size, the MARINE than a severe marine pollutant, in inner container or transport vehicle that bears POLLUTANT mark must appear as packagings each of which contains: follows:.

(2] The symbol, letters and border PART 173-SHIPPERS-GENERAL marked as required in § 172.322 of this must be black and the background REQUIREMENTS FOR SHIPMENTS subchapter. white, or the symbol, letters, border and AND PACKAGINGS § 173.29 [Amended] background must be of contrasting color to the surface to which the mark is being 18. The authority citation for part 173 20. In § 173.29, paragraph (b)(3] is affixed. For non-bulk packagings of continues to read as follows: amended by removing the phrase "either marine pollutants, each side of the mark Authority: 49 App. U.S.C. 1803,1804, 1805, a hazardous substance or a hazardous waste." and replacing it with the phrase must be at least 100 mm (3.9 inches), 1806, 1807, 1808 and 1817:49 CFR Part 1, "a hazardous substance, except in the case of packagings which, unless otherwise noted. a hazardous waste, or a marine pollutant." because of their size, can only bear 19. In § 173.12, the word "and" is smaller marks. For bulk packagings, 21. In § 173.140, paragraph (b) is removed from the end of paragraph revised to read as follows: each side of the mark must be at least (d)(1). in paragraph (d](2) the "." is 250 mm (9.8 inches). removed and replaced with a "; and", § 173.140 Class 9-Definitions. * * * * * § 172.324 [Amended] and paragraph (d](3) is added to read as follows: (b)Any material which meets tne 17. In § 172.324, paragraph (a)(1) is definition in § 171.8 of this subchapter amended by removing the words "the § 173.12 Exceptions for shipments of waste materials. for an elevated temperature material, a appendix" and replacing them with the hazardous substance, a hazardous phrase "Appendix A". waste, or a marine pollutant. (d)* * * (3) Packagings containing marine § 173.150 [Amended] pollutants must be described as required 22. In § 173.150, paragraph (c) is in § 172.203(1) of this subchapter and amended by removing the phrase 5 2940 Federal Re ister / Vol. 57, No. 215 / Thursday, November 5, 1992 1 Rules and Regulations 5~294fl Federal Register I Vol. 57, No. 215 I Thursday, November 5. 1992 / Rules and Regulations "hazardous substance or hazardous the phrase "hazardous substance, a § 174.25 Additional Information on way bills, switching orders and other billings. waste" and replacing it with the phrase hazardous waste, or a marine * * *t * "hazardous substance, a hazardous pollutant,". waste, or a marine pollutant", and (b) * " " paragraphs (f)(2), (f)(3) and (f)(4) are § 173.155 [Amended] (5) For any entry for a material that is amended by removing the phrase 27. In § 173.155, paragraph (c) is a marine pollutant, the words "Marine "hazardous substance or a hazardous amended by removing the phrase Pollutant" must be entered in waste" and replacing it with the phrase "hazardous substance or hazardous association with the basic description. "hazardous substance, a hazardous waste" and replacing it with the phrase waste, or a marine pollutant". "hazardous substance, a hazardous PART 176-CARRIAGE BY VESSEL § 173.151 [Amended] waste, or a marine pollutant". 32. The authority citation for part 176 23. In § 173.151, paragraph (c) is § 173.421-2 [Amended] amended by removing the phrase continues to read as follows: "hazardous substance or hazardous 28. In § 173.421-2, paragraphs (b)(1)(i) Authority: 49 App. U.S.C. 1803, 1804, 1805, waste" and replacing it with the phrase and (b}{2)(i} are amended by removing 1808: 49 CFR Part 1.53, app. A to Part 1. "hazardous substance, a hazardous the phrase "hazardous waste or 33. Section 176.70 is added to read as substance" and replacing it waste, or a marine pollutant". hazardous follows: with the phrase "hazardous substance, a' § 173.152 [Amended] hazardous waste, or a marine pollutant". § 176.70 Stowage requirements for marine 24. In § 173.152, paragraph (c) is 29. In § 173.425, paragraph (b)(8) is pollutants. amended by removing the phrase amended by adding the following (a) Marine pollutants must be properly "hazardous substance or hazardous sentence to the end of the existing stowed and secured to minimize the waste" and replacing it with the phrase regulatory text: hazards to the marine environment "hazardous substance, a hazardous without impairing the safety of the ship waste, or a marine pollutant". § 173.425 Transport requirements for low and the persons on board. specific activity (LSA) radioactive materials. (b) Where stowage is permitted "on § 173.153 [Amended] }* * * * deck or under deck", under deck 25. In § 173.153, paragraph (c)(3) is stowage is preferred except when a (b) * amended by removing the phrase weather deck provides equivalent "hazardous substance or hazardous (8) * * * For vessel transportation, packages that contain a marine protection. waste" and replacing it with the phrase (c) Where stowage "on deck only" is "hazardous substance, a hazardous pollutant must be marked in accordance required, preference should be given to waste, or a marine pollutant". with § 172.322 of this subchapter. stowage on well-protected decks or to * ,* *t *, , § 173.154 [Amended] stowage inboard in sheltered areas of' exposed decks.. 26. In § 173.154, paragraph (c) is PART 174-CARRIAGE BY RAIL amended by removing the phrase Issued in Washington. DC on October 27. "hazardous substance or hazardous 30. The authority citation for part 174 1992 under authority delegated in 49 CFR part waste" and replacing it with the phrase continues to read as follows: 1. Douglas B. Ham, "hazardous substance, a hazardous Authority:'49 App. U.S.C. 1803, 1804, 1808, or a marine pollutant" and Acting Administrator,Research and Special waste, A to part 1. paragraph (d) is amended by removing 49 CFR 1.53(e), 1.53, app. ProgramsAdministration. the phrase "hazardous substance or a 31. In § 174.25, paragraph (b)(5) is [FR Doc. 92-26414 Filed 11-2-92; 3:49 pm] hazardous waste," and replacing it with added to read as follows: BILLING CODE 4910-40-M