3854 Federal Register / Vol. 57, No. 21 / Friday, January 31, 1992 / Proposed Rules

DEPARTMENT OF TRANSPORTATION agreement to prevent and control indicate that the contents are harmful to accidental and operational discharges of the environment, and must be stowed so Research and Special Programs pollution from ships. It includes the 1973 as to minimize the risk to the marine Administration International Convention for the environment. In addition, a shipping 49 CFR Parts 171, 172, 173, 174 and Prevention of Pollution from Ships and paper or manifest setting forth the the 1978 Protocol which modified and harmful substances on board must be 176 incorporated the 1973 Convention. It carried. Finally, parties are permitted to (Docket No. HM-21 1; Notice No. 92-2] includes a framework agreement setting prohibit or impose quantity limitations forth general obligations, and five on the carriage of certain very RIN 2137-AC16 annexes that relate to particular sources hazardous substances. As with all other of marine pollution. Annexes I and 1I, Marine Pollutants MARPOL 73/78 annexes, parties to which relate to the transport of oil and Annex III are required to apply their AGENCY: Research and Special Programs harmful substances, respectively, regulations to ships of non-party Administration (RSPA), DOT. carried in bulk, are mandatory for all countries using their ports or off-shore ACTION: Notice of proposed rulemaking MARPOL 73/78 Parties. The other three terminals. (NPRM). annexes are optional: Annex III, which of harmful Regulation 1.1 of Annex III states, in relates to the transport of the Annex SUMMARY: RSPA proposes to amend the substances in packaged form; and part, that the regulations apply to "harmful substances" in Hazardous Materials Regulations (HMR; Annexes IV and V, which regulate ship- 1.1.1 of 49 CFR parts 171-180) to list and generated sewage and garbage, packaged form. Regulation regulate, in all modes of transportation. respectively. Annex II identifies "harmful those materials identified as marine The United States ratified the 1978 substances" as those substances pollutants by the International Maritime Protocol (which incorporates with identified as marine pollutants under the Organization. The proposed changes are modifications the 1973 Convention) and 1990 consolidated edition of the necessary, in part, to implement the Annexes I and II on August 12, 1980. The International Maritime Dangerous provisions of Annex III, an annex of the Protocol entered into force for the Goods (IMDG) Code. Marine pollutants 1973 International Convention for the United States on October 2, 1983. On are identified in the individual schedules Prevention of Pollution from Ships, as December 30, 1987, the United States and the General Index of the IMDG modified by the Protocol of 1978 ratified optional Annex V. Annex IV is Code by the letters "P" or "PP". The (MARPOL 73/78), and in order that the still the subject of ongoing review. letters "PP" identify those materials that HMR more thoroughly address On June 10, 1991, the United States are considered severe marine pollutants environmentally hazardous materials. ratified optional Annex Il. This and are regulated when in The intended effect is to increase the ratification was transmitted to the concentrations of 1%or more. The letter level of safety associated with the International Maritime Organization "P" identifies those commodities that transportation of environmentally (IMO) on July 1, 1991, and on July 1, are marine pollutants when in hazardous materials. 1992, Annex III will become mandatory. concentrations of 10% or more. Under DATES: Comments must be received on In order to assist the public in the IMDG Code, a material that meets or before March 2, 1992. understanding this NPRM, RSPA has the definition of a marine pollutant ADDRESSES: Address comments to the reprinted the text of Annex Ill as an must: (1) Have the words "marine Dockets Unit. Research and Special attachment to this preamble. pollutant" appear in association with Programs Administration, U.S. Annex III, which is entitled the basic description on the shipping for the Prevention of Department of Transportation, "Regulations papers; (2) have the technical name of Washington, DC 20590. Comments Pollution by Harmful Substances the marine pollutant appear on shipping Carried by Sea in Packaged Form or in should identify the docket and be papers and package markings for Freight Containers, Portable Tanks or submitted, if possible, in five copies. generic shipping descriptions; (3) have Road and Rail Tank Wagons," sets forth Persons wishing to receive confirmation its package marked with the marine of their comments should general regulations for the transport of pollutant mark which is a triangular of receipt harmful packaged substances. Many of include a self-addressed stamped through these substances, such as pesticides and symbol with a fish with an "X" postcard showing the docket number it and with the words "marine pollutant" herbicides, are known to kill or retard (i.e., Docket HM-211). The Dockets Unit at the bottom; (4) be classified as a of marine life and to is located in room 8419 of the Nassif the growth bioaccumulate in marine organisms, Class 9 hazardous material (Dangerous Building, 400 Seventh Street, SW., danger to the food good) unless the material meets another DC 20590. Telephone: (202) causing potential Washington, chain, including health risks to humans hazard class or division; and (5) if public dockets may be 366-5046. The as well as to birds and other wildlife shipped under Class 9, be transported in between the hours of 8:30 a.m. reviewed that eat fish or shellfish. Regulation 1.3 packages that meet the testing criteria to 5 p.m., Monday through Friday. of Annex IH states, in part, that the for Packing Group II1.In order to comply FOR FURTHER INFORMATION CONTACT. Government of each Party to the with the provisions of Annex III, RSPA John A. Gale (202-366-4488) Office of Convention shall issue detailed is proposing to amend the HMR by Hazardous Materials Standards, RSPA, requirements on the packaging, marking, .adopting requirements for the 400 Seventh Street SW., Washington, labeling, documentation, stowage, transportation of those materials DC 20590 or Lt. Cmdr. Phillip Olenik quantity limitations and exceptions for identified as marine pollutants under the (202-267-1577), Office of Marine Safety, preventing or minimizing pollution of the [MDG Code. Because -these materials Security, and Environmental Protection, marine environment. Annex Ill provides are transported over or near bodies of (G-MTH-1) U.S. Coast Guard, 2100 that the packaging of harmful water, even In the air rail and highway Second Street SW., Washington, DC substances must be adequate to modes of transport, with the possibility 20593-0001. minimize the hazard to the marine of being released in a fashion that could SUPPLEMENTARY INFORMATION: environment posed by their specific cause substantial damage to the aquatic MARPOL 73/78 is the international contents. Packages must be marked to environment, RSPA is proposing to Federal Register / Vol. 57, No. 21 / Friday, January 31, 1992 / Proposed Rules 3855 regulate these commodities in all modes In this NPRM, RSPA is proposing to Section 171.15 of transportation. regulate marine pollutants in a manner RSPA also believes that by adopting similar to the way those pollutants are This section would be revised to the provisions of Annex III in all modes treated under the IMDG Code and the require that incidents involving marine of transportation, materials that are way RSPA currently regulates CERCLA pollutants be reported immediately to known to present an environmental hazardous substances as hazardous the National Response Center. RSPA hazard when released into the materials in the HMR. In the following believes that this requirement is environment would be more thoroughly paragraphs of the Review by Section. necessary in order that appropriate regulated. Upon review of those portion of this preamble, RSPA sets out authorities will be notified of incidents materials currently subject to the HMR, this proposal. involving marine pollutants. RSPA has found that commodities which Section 172.101 only present an environmental hazard, Review by Section and not necessarily an acute health Section 171.1 The proper shipping name and hazard hazard, may not be adequately class for a material that meets the regulated. This section would be amended to definition of marine pollutant, and does The need to expand the scope of the HMR to not meet the definition of another regulate marine regulate the transportation of marine pollutants in all modes of transportation hazard class, would be was pollutants by intrastate, as well as by "Environmentally hazardous substance, demonstrated when on July 14, interstate, transportation. 1991, a tank car containing 19,000 liquid or solid, n.o.s., class 9," gallons of metam sodium, a pesticide Section 171.8 respectively. This description is the included on the list of marine pollutants, The definition of "Hazardous same as that for CERCLA hazardous fell into the Sacramento River in substance" would be editorially revised substances that meet no other hazard California. The resulting damage to the class in the HMR. Non-bulk packagings and a definition of "Marine pollutant" §§ environment and economic costs were would be added. To meet the definition would be selected from 173.203 or substantial. of marine pollutant, a material would 173.213, and would have to withstand In a news release issued on August 21, have to be listed in appendix B to the testing criteria for Packing Group Il. 1991, the Chemical Manufacturers § 172.101, and would have to meet or Bulk packagings would be selected from Association (CMA) stated that "CMA exceed a concentration of 1%of the total either § § 173.240 or 173.241, as believes that the IvIARPOL list could be amount in a package for severe marine appropriate. A special provision. "N50", useful in identifying potentially water- pollutants and 10% of the total amount would be added to these two shipping polluting chemicals even when those in a package for materials identified as descriptions that would except marine products are shipped by highway or rail. marine pollutants. In addition, a mixture pollutants, that meet no other hazardous Either using MARPOL or some other or solution containing more than one material definition, from the labeling manner of identifying and regulating material listed in appendix B to requirements of Part 172. In addition, in materials harmful to the environment is § 172.101, would be a marine pollutant if order to easily identify the proper an idea whose time has come." the total concentration of the materials shipping name for a marine pollutant RSPA currently regulates those listed in appendix B to § 172.101 in one that is properly classified as a Class 9 environmentally hazardous materials package equals or exceeds (1) ten material, the entry "Marine pollutants, that are designated as hazardous percent of the total amount in the liquid or solid, n.o.s., see substances under the Comprehensive package or (2) one percent of the total Environmentally hazardous substances, Environmental Response, amount in the package for materials that liquid or solid, n.o.s." would be added to Compensation, and Liability Act are identified as severe marine the § 172.101 Hazardous Materials (CERCLA; Pub. L. 96-510) and those pollutants. An exception from the Table. hazardous wastes listed by the U.S. definition of marine pollutant would be Appendix to § 172.101 Environmental Protection Agency (EPA) provided for packages which contain under the Resource Conservation and less than one pound of a marine The appendix to § 172.101, which Recovery Act (RCRA; Pub. L 94-580) pollutant. In order for the U.S. to be in identifies CERCLA hazards substances, which require a Uniform Hazardous conformance with the provisions of would be renamed "Appendix A to Waste Manifest (see 40 CFR part 262). Annex III, this exception would not § 172.101." An appendix B to § 172.101, Under both CERCLA and RCRA, EPA is apply to the transportation of marine entitled "List of Marine Pollutants," the sole Federal agency authorized to pollutants by vessel. The definition of would be added that would list those designate materials as hazardous "hazardous material" would also be substances identified as marine substances or hazardous wastes. Even revised to include the phrase "marine pollutants by the IMO in the IMDG though many of the materials on the list pollutant." Code. The first column of the list, of marine pollutants are not currently entitled "S.M.P.," would identify those designated as hazardous materials materials which are severe marine under CERCLA or RCRA, RSPA sees the Section 171.11 pollutants by the letters "PP". One need to ensure the safe transportation of This section would be revised to note difference between the list of marine marine pollutants. While this that shipments made in accordance with pollutants as proposed in appendix B to rulemaking is dependent on Annex III to the ICAO Technical Instructions must § 172.101 and those substances identify materials that present conform to the requirements in the HMR identified as marine pollutants in the environmental hazards, in the future, related to marine pollutants. IMDG Code, is that RSPA is not RSPA may also propose adoption of proposing to list generic shipping names criteria to define environmentally Section 171.12a as marine pollutants as is done in the hazardous materials that are not listed This section would be revised to note IMDG Code. These commodities would by EPA under CERCLA or RCRA and that shipments from Canada must still be subject to the requirements for that are not listed by name in the list of conform to the requirements in the HMR marine pollutants, however, if the marine pollutants. related to marine pollutants. material described under the generic 3856 Federal Register / Vol. 57, No. 21 / Friday, January 31, 1992 / Proposed Rules entry meets the definition of marine the definition of another hazard class, 1804(a)(4)) that preempts State and local pollutant in § 171.8. however, the class of the material would requirements on certain covered Section 172.203 be determined in accordance with subjects (including the designation. § 173.2a. Marine pollutants that meet no description, and classification of Paragraph (1) would be added to this other hazard class would be classified hazardous materials) unless the State or section to require the technical name of as a Class 9 material and would be local requirement is substantively the the material to be added in parentheses shipped under the proper shipping name same as the Federal requirement on that when the name of the marine pollutant of "Environmentally hazardous subject. Thus, RSPA lacks discretion in is not identified in the proper shipping substance, liquid or solid, n.o.s." this area. name. In addition, this section would require the words "Marine pollutant" to Section 173.150 C. Impact on Small Entities appear in association with the basic This section would be amended to This proposal would have minimal description. For domestic transportation, provide that combustible liquids in non- impact on shippers and carriers of RSPA is not proposing to adopt the bulk packagings that meet the definition marine pollutants, some of whom may LMDG Code requirement that generic of marine pollutant are subject to the be small business entities. Based on pesticide shipping descriptions include requirements of the HMR. limited information concerning the size the percentage of the specific pesticide Section 174.25 and nature of entities likely affected by in the mixture. this proposed rule, I certify this proposal This section would be amended to will not, if promulgated, have a Section 172.322 require that the words "Marine significant economic impact on a This section would be added to Pollutant" appear on switching orders, substantial number of small entities require that non-bulk packages receipts and tickets in association with under criteria of the Regulatory containing marine pollutants be marked shipping descriptions for marine Flexibility Act. This certification is with the technical name of the marine pollutants. pollutant. In addition, the marine subject to modification as a result of a pollutant mark would have to appear on Section 176.70 review of comments received in bulk and non-bulk packages containing . This section would be added to response to this proposal. marine pollutants. Transport vehicles prescribe minimum stowage D. Paperwork Reduction Act and freight containers that contain requirements for marine pollutants in packages of marine pollutants would vessel transportation. The information collection also have to be marked. However, RSPA would also revise several other requirements contained in proposed except for transportation by vessel, sections so that a consumer commodity § 172.203(1) are covered under Office of transport vehicles and freight containers that meets the definition of a marine Management and Budget (OMB) control that contain less than 1,000 pounds pollutant would have to comply with the number 2137-0034 (expiration date June aggregate gross weight of packages of shipping paper requirements of the 30,1992) which was issued by OMB marine pollutants would be excepted HMR. under the provisions of the Paperwork Reduction Act of 1980 (Pub. L. 96-511). from this marking requirement. In Administrative Notices addition, an exception from the marine Modifications to these existing criteria pollutant mark is provided for small A. Executive Order 12291 are being submitted to OMB for review and approval. quantities of marine pollutants in The effect of this rule, as proposed. combination packagings. does not meet the criteria specified in List of Subjects RSPA recognizes that this marking •section l(b) of Executive Order 12291 49 CFR Part 171 will be in addition to the hazard and is, therefore, not a major rule, but it warning labels and placards that are is considered a significant rule under the Exports, Hazardous materials required for those commodities that are regulatory procedures of the Department transportation, Hazardous waste, currently subject to the HMR. RSPA of Transportation (44 FR 11034) because Imports, Incorporated by reference. believes these proposed marking of the significant public and Reporting and recordkeeping requirements are in conformance with congressional interest. This proposed requirements. the provisions of Annex II and the rule does not require a Regulatory 49 CFR Part 172 IMDG Code and that the burden that Impact Analysis, or an environmental they will impose will be minimal. assessment or impact statement under Hazardous materials transportation. However, RSPA is requesting comments the National Environmental Policy Act Hazardous waste, Labels, Markings, relative to the impact and benefits of (42 FR 4321 et seq.). A preliminary Packaging andscontainers, Reporting requiring the marine pollutant mark, in regulatory evaluation is available for and recordkeeping requirements. addition to any hazard warning labels review in the Docket. and placards, for shipments by highway, 49 CFR Part 173 B. Executive air, and rail. Order 12612 Explosives, Hazardous materials This proposed action has been transportation, Packaging and Section 173.12 analyzed in accordance with the containers, Radioactive materials. This section would be amended to principles and criteria in Executive Reporting and recordkeeping require lab packs containing marine Order 12612 and, based on the requirements, Uranium. pollutants to comply with the information available at this time, RSPA requirements of I J 172.203(1) and does not believe that the proposed rule 49 CFR Part174 172.322. would have sufficient Federalism Hazardous materials transportation. Section 173.140 implications to warrant the preparation Radioactive materials, Railroad safety. of a Federalism Assessment. This section would be amended to The Hazardous Materials 49 CFR Part176 add marine pollutants to the definition Transportation Act contains an express Hazardous materials transportation. of Class 9. If a marine pollutant meets preemption provision (49 app. U.S.C. Maritime carriers, Radioactive Federal Register / Vol. 57, No. 21 / Friday, January 31, 1992 / Proposed Rules 3357 I I materials, Reporting and recordkeeping 3 Packages containing small quantities of -- Bioaccumulated to a significant extent and requirements. harmful substances may be exempted from known to produce a hazard to aquatic life the marking requirements.* or to human health (Hazard Rating "+" in Attachment-Annex I11 Regulation 4-Documentation column A*): or Regulations for the Prevention of Pollution -Bioaccumulated with attendant risk to 1 In all documents relating to the carriage aquatic organisms or to human health with by Harmful Substances Carriedby Sea in of harmful substances PackagedForm by sea where such a short retention of the order of one week substances are named, the correct technical or less (Hazard Rating "Z" in column A'); Regulation 1-Application name of each such substance shall be used or 1 Unless expressly provided otherwise, (trade names alone shall not be used) and the -Liable to produce tainting of seafood the regulations of this Annex apply to all substance further identified by the addition (Hazard Rating 'T' in column A'); or ships carrying harmful substances in of the words "MARINE POLLUTANT". -Highly toxic to aquatic life, defined by an packaged form. 2 The shipping documents supplied by the LC5 /96 - hour less than 1 ppm (Hazard 1.1 For the purpose of this Annex, harmful shipper shall include, or be accompanied by, Rating "4" in column B'). substances are those substances which are a signed certificate or declaration that the identified as marine pollutants in the shipment offered for carriage is properly International Maritime Dangerous Goods packaged and marked or labelled and in ANNEX III-MARPOL 73/78 Code (IMDG Code).* proper condition for carriage to minimize the 1.2 Guidelines for the identification of hazard to the marine environment. GESAMP Hazard Profiles harmful substances in packaged form are 3 Each ship carrying harmful substances given in the appendix to this Annex. shall have a special list or manifest setting A B C D 1.3 For the purposes of this Annex, forth the harmful substances on board and packaged form is defined as the forms of the location thereof. A detailed stowage plan ...... containment specified for harmful substances which sets out the location of the harmful z...... in the IMDG Code. substances on board may be used in place of T...... 4 2 Such carriage of harmful substances is such special list or manifest. Copies of such prohibited except in accordance with the documents shall also be retained on shore by provisions of this Annex. the owner of the ship or his representative In consideration of the foregoing, 3 To supplement the provisions of this until the harmful substances are unloaded. Annex, the Government of each Party to the 4 When the ship carries a special list or parts 171, 172, 173, 174 and 176 of title Convention shall issue, or cause to be issued, manifest or a detailed stowage plan, required 49, Code of Federal Regulations, would detailed requirements on packing, marking, for the carriage of dangerous goods by the be amended to read as follows: labelling, documentation, stowage, quantity International Convention for the Safety of limitations and exceptions for preventing or Life at Sea, 1974, as amended, the documents PART 171-GENERAL INFORMATION, minimizing pollution of the marine required by this regulation may be combined REGULATIONS, AND DEFINITIONS environment by harmful substances.* with those for dangerous goods. Where 4 For the purposes of this Annex, empty documents are combined, a clear distinction 1. The authority citation for part 171 packagings which have been used previously shall be made between dangerous goods and would continue to read as follows: for the carriage of harmful substances shall harmful substances covered by this Annex. themselves be treated as harmful substances Authority: 49 App. U.S.C. 1802,1803,1804, unless adequate precautions have been taken Regulation 5-Stowage 1805,1808 and 1818; 49 CFR Part 1. to ensure that they contain no residue that is Harmful substances shall be properly 2. In § 171.1, paragraph (a)(3)(iv) harmful to the marine environment. stowed and secured so as to minimize the would be added to read as follows: 5 The requirements of this Annex do not hazards to the marine environment without apply to ships' stores and equipment. impairing the safety of the ship and persons § 171.1 Purpose and scope. Regulation 2-Packing on board. * * * * * Packages shall be adequate to minimize the Regulation 6--Quantity Limitations (a) * * * hazard to the marine environment having Certain harmful substances may, for sound (3) * * * regard to their specific contents. scientific and technical reasons, need to be (iv) Marine pollutants. Regulation 3-Marking and labelling prohibited for carriage or be limited as to the quantity which may be carried aboard any 1 Packages containing a harmful one ship. In limiting the quantity, due substance shall be durably marked with the consideration shall be given to size, § 171.8 [Amended] correct technical name (trade names alone 3. In § 171.8, the definition of shall construction and equipment of the ship as not be used) and, further, shall be well as the packaging and the inherent nature "hazardous substance" would be durably marked or labelled to indicate that of the substances. the substance is a marine pollutant. Such amended by removing the word identification shall be supplemented where Regulation 7-Exceptions "Appendix" and replacing it with the possible by any other means, for example by I Jettisoning of harmful substances phrase "Appendix A" in paragraphs (1), the use of the relevant United Nations carried in packaged form shall be prohibited (2), and (3)(i). number. except where necessary for the purpose of 4. In § 171.8, the definition of 2 The method of marking the correct securing the safety of the ship or saving life "hazardous material" would be revised technical name and of affixing labels on at sea. and the definition of "marine pollutant" packages containing a harmful substance 2 Subject to the provisions of the present shall be such that this information will still would be added in appropriate Convention, appropriate measures based on alphabetical order to read as follows: be identifiable on packages surviving at least the physical, chemical and biological three months' immersion in the sea. In properties of harmful substances shall be considering suitable marking and labelling, taken to regulate the washing of leakages 'Reference is made to the Composite List of account shall be taken of the durability of the overboard provided that compliance with Hazard Profiles, prepared by the IMO/FAO/ materials used and of the"surface of the such measures would not impair the safety of UNESCO/WMO/WHO/IAEA/UN/UNEP Joint package. Group of Experts on the Scientific Aspects of the ship and persons on board. Marine Pollution (GESAMP) which is circulated Appendix-Guidelines for the Identification ennually by the Organization by means of BCH * Reference ismade to the International Maritime of Harmful Substances in Packaged Form circulars to all IMO Member States. Dangerous Goods Code (IMDG Code) adopted by " The concentration of a substance which will. the Organization by resolution A.81(IV) as it has For the purposes of this Annex, substances within the specified time (generally 96 hours) kill been or may be amended by the Maritime Safety identified by any one of the following criteria 50% of the exposed group of test organisms. LCo ;s Committee. are harmful substances: often specified inmg/1 (parts per million (ppm)). 3858 Federal Register / Vol. 57, No. 21 / Friday, January 31, 1992 / Proposed Rules

§ 171.8 Deflnitions and abbreviations. requirements of § § 172.203(1) and Environmentally hazardous substances, 172.322 of this subchapter. liquid or solid n.o.s." would be added to Hazardousmaterial means a 6. In § 171.12a, paragraph (b)(15) Column 2 in appropriate alphabetical substance or material, including a would be added to read as follows; order; and "Environmentally hazardous substance and a marine § 171.12a Canadian shipments and b. The entries pollutant, which has been determined by packagings. hazardous substances, liquid, n.o.s." and the Secretary of Transportation to be "Environmentally hazardous capable of posing an unreasonable risk substances, solid, n.o.s." would have (b) * * to health, safety, and property when (15) Packages containing marine special provision "NS0" added to transported in commerce, and which has pollutants, as defined in § 171.8 of this column 7. been so designated. subchapter, must conform to the Appendix to § 172.101 [Amended] requirements of § § 172.203(1) and 172,322 10. The title to the appendix to Marine Pollutant,for the purposes of of this subchapter. this subchapter, means a material in a 7. In § 171.15, paragraph (a)(4) would § 172.101 would be revised to read package where the total concentration be redesignated as paragraph (a)(5) and "Appendix A to § 172.101 List of of material(s) listed in Appendix B to a new paragiaph (a)(4) would be added Hazardous Substances and Reportable § 172.101 in the package equals or to read as follows: Quantities*'. exceeds (1) ten percent or (2) one 11. A new appendix B to § 172.101 percent for material(s) that are § 171.15 Immediate notice of certain would be added to read as follows: identified as severe marine pollutants. hazardous materials Incidents. * * Appendix B to § 172.101 However, except for transportation by (a) * vessel, a material which, in an (4) There has been a release of a List of Marine Pollutants of a marine pollutant from a package. 1. This appendix lists potential marine individual package, is composed * * * * * total of no more than 500 grams (1 pollutants as defined in § 171.8 of this pound) or 500 milliliters (1 pint) of subchapter. materials listed in Appendix B to PART 172-HAZARDOUS MATERIALS 2. If a marine pollutant meets the definition § 172.101, is not considered to be a TABLE AND HAZARDOUS MATERIALS of any hazard class or division as defined in COMMUNICATIONS REQUIREMENTS this subchapter, other than Class 9, the class marine pollutant for the purposes of this of the material must be determined in subchapter. AND EMERGENCY RESPONSE * * * * * INFORMATION REQUIREMENTS accordance with § 173.2a of this subchapter. 3. This appendix contains two columns. 5. In § 171.11, paragraph (d)(13) would 8. The authority citation for part 172 The first column, entitled "S.M.P." (for severe be added to read as follows: would continue to read as follows: marine pollutants), identifies whether a Authority: 49 App. U.S.C. 1803,1804, and material is a severe marine pollutant. If the § 171.11 Use of ICAO Technical letters "PP" appear in this column for a 1808; 49 CFR part 1, unless otherwise noted. Instructions. material, the material is a severe marine * * * * * § 172.101 [Amended] pollutant, otherwise it is not. The second (d) * * * 9. In the 1 172.101 Table, the following column, entitled "Marine Pollutant", lists the (13) Package containing marine changes would be made: marine pollutants. pollutants, as defined in § 171.8 of this a. The entry "Marinepollutants, APPENDIX B TO §172.101 LIST OF MARINE subchapter, must conform to the liquid or solid, n.o.s., see POLLUTANTS

S.M.P. Marine Pollutant i - -

...... Acetone cyanohyddin, stabilized ...... Acetylene dibromide ...... I...... Acetylene tatraiwomide ...... : Acetylene tetrachlorde ...... Acraldehyde, inhibited ...... I...... Acrolein, inhibited ...... Acrylic aldehyde, Inhibited ...... Alcohol 0-12 - C-15 poly(1 -3) ethoxylste ...... Alcohol C-13 - C-15 poly(1-6) ethoxylate ...... Alcohol C-6 - C-17 (seconday)poly(3-6) ethoxylate Aldicarb Aldin ...... Alkylphenols, liquid, n.o.s.(including C2C8 homologues) ...... Alkylphenols, solid, no.s. (includ ng C2C8 homologues) ...... Allyl bromide ...... AIMychiloride ...... cstho.Aminoanisole 1-...... ;...... I Aminecarb ...... :...... Ammonium arsenate ...... I...... Ammonium dinitro-o-cresolate ...... Amyl mercaptans ...... ortho-Anisidines ...... Arsenates, liquid. n.o.s...... Arsenates, solid, n.o.s...... Arsenic ...... Arsenic acid, liquid ...... Arsenic acid, solid ...... Arsenic bromide ...... Arsenic chloride Federal Rqister t Vol 57, No. 21 / Friday, January 31. 192 / Pr4oposed Rules 3859

SM.P. Marine Pollutant (2) ...... Arsenic compounds, lquld, n o.. k'x/uhoDV arsenates rLo.&; arserites, n.o.s. arsenic sulfide.% noaa; and wgwaic conpounds of arsenc, ro.s...... Arsenic -ompou ipe cdes) Arsenic compounds, acd n.o.s. h/udhig arsenates, roa; arsenites, n.o.s; arsenic sulFdes, Io*A and organic compounds of arsenic n.o.s; Arsenic pentoxide Arsenic suffides, mos. Arsenic tribromide Arsenic ftchiOdde

ArserCat nueow Arsenical pesticW., kpl flammable, toxic. n.o.s. Arsenical peosicie liquid toxic. flammable n.o.s. Arsenical peaclide lquld, toxic, flammable. n.os. flastpoint not less thas 23 degrees C Arsenical pesticidm Nquld toxic, n.o.s. Arsenical pealicidw acd toxic, no.a. Arseniomus dde Arsenite. soVd no.s. Arsenites, liquid, n.o.s PP...... Arsenous bromide PP...... Arsenous chloide Azenph-mehyl Azinpho-e"h ...... I...... o...... Banum compounds, .s Barium cyanide ...... o...... I...... Bendiocarb ...... BencqWnox ...... 6...... o...... 66...... Benzyl chloroeonate PP...... o...... Benzyl chlcotormake Binapacryl Biphenyl phenyl ether wi diphenyl oxide, mixtures ...... 6...... o...... Brodifacoum ...... 6...... Bromine cyanide ortho-BrmbeBromosillylene cyanide ...... Bromoform B-Kano1*05-am PI ...... Bromoxyri P ...... 2-Butenal, inibited Butyl benzenes Butyl benz* pdalat P...... normal-Butyl d"de Butytphenole liquid .B*yA*eMV acid para-teisty-bt0itlmne Cacodylic acid ...... 6...... PP...... Cadmium -mpounds Calcium asenute PP...... Calcim wawn and calcium arsene, mixures, sold Calcium cyanide Calcium naphthViate ...... I...... Camphechior Camphor oi •Carbofuan ...... Carbon bisulphide Carbon disufide Carbon fellnrdomide Carbon tetrachlorde Carbophenothlon Cartap tyoeNeWd Chlordmn Chlrf.wpb. Chlodsaa posali (C-It)- C-I) Chionem Chlouine cyanks ihlblbd Chiormephee

Chlororo i m 2-Ch S 00demewt**olsemu *para-Olloebew uideW96 4W or s eld

1-04robutdue1,w hliie *Chlorodnilrbenzenee *Chlorolowm 3860 Federal Register / Vol. 57, No. 21 / Friday, January 31, 1992 / Proposed Rules

S.M.P. Marine Pollutant (1) I.Chloroheptane 1-Chlorohexane ...... o...... Chloronitrnanilinea ...... Chloronltrotoluenes liqud PP ...... Chloronitrotoluenes, solid 1 -Chorooctane Chlorophenates, liquid Chlorophenates, solid Chlorophenols, liquid Chlorophenols, solid Chlorophenlitrichloroslane Chloroprene, inhibited PP...... 1 -Chloropropane ...... "...... 2-Chloropropane 2-Chloropropene 1 -Chloropropene 3-Chloropropene alpha-Chloropropylene 1 -Chloropropylene PP ...... 2-Chloropropylene ...... I...... Chlorotoluenes Chlorpynphos Chlorthiophos PP...... Chromium oxychloride Chromyl chloride Coal tar . Coal tar naphtha Cocculus ...... P...... Copper acetoarsenite Copper arsenite PP...... Copper chloride Copper cyanide PP...... Coumachlor PP...... Coumaphos PP...... Creosote (coal tar) Creosote (wood tar) ...... Cresols (o-: m-; p-) PP...... Cresyl diphenyl phosphate Cresylic acid PP...... Cresylic acid sodium salt PP...... Crotonaldehyde, Inhibited Crotonic aldehyde PP...... Crotoxyphos Cumene P ...... Cupric arsenite PP...... Cupric chloride ....P.P ...... I...... Cupric cyanide Cupriethylenediamine solution Cuprous chloride PP...... Cyanide mixtures Cyanide solutions PP...... Cyanides, inorganic, n.o.s. Cyanogen bromide Cyanogen chloride, Inhibited Cyanophos PP...... Cyhexatin Cypermethrin 2,4-0 DDT Decyl acrylate DEF DI-allate DI-n-Butyl phthalate Dialifos Oiazlnon 1.2-Dibromethene 1,1-Dibromoethane 1,2-Dibromoethane 1,2-Dibromoethytene Dibromomethane Dichlofenthion Dichloroanilines o-Dichlorobenzene p-Dichlorobenzene 1.3-Dichlorobenzene 1,2-Dichlorobenzene 1,4-Dtchlorobenzene Dichlorobenzene (meta; ortho; pars) 2.2-Dichlorodiethyl ether 1,1-Dichloroethane 1.2-Dtchloroethane Federal Register / Vol. 57, No. Zt / Friday, January 31, 1992 /' Proposed Rules 38U1 1 7-

S.M.P. Marine Pollutant

Dichloroether Dichloroethyl em DichlCSIey odds 1,1-Dichoucdrhlone W4bita 1,43-1kOwesdqwo Ik~ltweuane mDoematmw sad 2,4-Di llepmNmyaec acid - ale ,4D) 2,*4.Olwephewwcsis aci daltiaelaemi sal# 2,: c ...... - acid limelhylamkowa t4V-hbo u cSel acid tiliapi*rw WAs ,l-ompempe mv 1,z-oichepropen 1,3-Dichloropropane P...... Dicoropopete Dichlorvos PP ...... Dielchln PP ...... Dilsopropylbenenes Dimethoate Di*Mthyla*l wid - DimfethylAanab. lqpid o%solid Dinltro-o-crsae Dinitro-o-cuaael0, b Dinitrochlorobenzene . Upk or ac Dinitrophenol, fly or w od ssea Am ppr ca wt by mass Dnitrophenct shies Dinitrophen$ wWd *Wh n-Aem Olan 15pe cn wte, by mas Dinlwphenla eAWai m 'oAw eltedy.4 ln Oha 15 pa c"t mete by amas Ditrophanolas wetW WAdna An Own l5per can waltr, by mass ...... Dinobuton

Dioxacarb Dioxathion Diphacinone DiWO

Dipheny oxide t pheq ods wa bipew phrw la" mi~es ,DW sliem ,cfomme

DNOC DNOC (pestlcidi" Dodlcyl~e Drazoxolon Edllenphos PP ...... SEndlesuft PP ...... Endrn PP ...... EPN PP-...... Ethion Ethoprophm Ethyl acryla. haia Ethyl chloroedewmab Ethyl fluid 5-Ethyl-2-picelb Ethyl propesmnaW nti 2-Ethyl-3-proplacrolsie Ethyl tetrapho pAes on Ethy dcswftn Ethylene ditmceds Ethylene diwai and mtyl bremidlarixA , liquid Ethylenre dilevlS 2-Ethyihexenal Ethyliden. didilmidw

I...... I r tq m lpl,R ...... Fenltrothl- ...... ru Xpupw w ...... Fensulfothiss ...... Fenth on ...... Fentin am ...... Fentin hyd od ...... Fewl avm ae ...... FewmenePeF nai"l ats ...... ~ Po o e ...... gam m a-BH C ...... G asoline, ade 3862 Federal Register / Vol. 57, No. 21 / Friday, January 31, 1992 / Proposed Rules

S.M.P. Marine Pollutant

PP ...... :...... Heptachlor PP...... Heptenophos ...... i...... ;...... normal-Heptyl chloride Hexachlorobutadiene 1,3-Hexachlorobutadiene ...... Hexaethyl tetraphosphate liquid Hexaethyl tetraphosphate, solid norma-Hexyl chloride Hydrocyanic acid, anhydrous, stabilized Hydrocyanic acid, anhydrous, stabilized, absorbed in a porous inert material Hydrocyanic acid, aqueous solutions not more than 20% hydrocyanic acid Hydrogen cyanide, anhydrous, stabilized Hydrogen cyanide, anhydrous, stabilized, absorbed in a porous inert material Hydroxydimethylbenzenes, liquid or solid loxynil Isoamyl mercaptan .sodecyl acrylate Isodecyl diphenyl phosphate Isofenphos Isooctyl nitrate Isoprocarb Isopropenyl chloride Isopropenylbenzene Isopropyl chloride Isopropylbenzene Isoxathion Lead acetate Lead arsenates Lead arsenites Lead compounds, soluble, n.o.s. Lead cyanide Lead nitrate Lead perchlorate, solid or solution Lead tetraethyl Lead tetramethyl on Undane London Purple Magnesium arsenate Malathion, Maneb or Maneb preparations with not less than 60% maneb Maneb or Maneb preparations with not less than 60 per cent maneb Maneb stabilized or Maneb preparations, stabilized against self-heating Manganese ethylene-i,2-bis dithiocarbamate Manganese ethylene-1,2-bls-dithiocarbamate, stabilized against self-heating Mephosfolan Mercaptodimethur PP...... Mercarbam PP...... Mercuric acetate PP...... Mercuric ammonium chloride PP...... Mercuric arsenate PP...... Mercuric benzoate PP ...... Mercuric bisulphate PP ...... Mercuric bromide PP...... Mercuric chloride Pp ...... Mercuric cyanide Mercuric gluconate PP ...... Mercuric iodide PP...... Mercuric nitrate PP ...... Mercuric oleate PP...... Mercuric oxide PP...... Mercuric oxycyanide, desensitized PP ...... Mercuric potassium cyanide Mercuric Sulphate Mercuric sulphide Mercuric thiocyanate Mercurol Mercurous acetate Mercurous isuphate ...... I Mercurous bromide Mercurous chloride Mercurous nitrate PP ...... Mercurous salicylate I...... Mercurous sulphate ...... I :...... Mercury acetates I...... ;...... I...... Mercury ammonium chloride ...... I...... I ; Mercury based pesticides, liquid, flammable, toxic, n.o.s. PP Mercury based pesticides, liquid, toxic, flammable, n.o.s rr...... Mercury based pesticides, liquid, toxic, n.o.s. Mercury based pesticides, solid, toxic, n.o.s. Mercury benzoate Mercury ichloride Federal Register / Vol. 57, No. 21 / Friday, January 31, 1992 / Proposed Rules 3863

S.M.P. Marine Pollutant

PIP...... I...... Mercury bisulphates PIP ...... Mercury bromides PIP ...... Mercury compounds, liquid, n.o.s. PIP ...... Mercury compounds, solid, n.o.s. PP ...... Mercury compounds, solid, n.o.s. Pp ...... Mercury cyanide PIP ...... Mercury gluconate PIP ...... Mercury (I) (mercurous) compounds (pesticides) PIP ...... Mercury (11)(mercuric) compounds (pesticides) PP1...... Mercury iodide P...... Mercury iodide, solution ...... PP...... I...... Mercury nucleate PIP ...... Mercury oleate PIP ...... Mercury oxide PP ...... Mercury oxycyanide, desensitized PIPP.P ...... I...... Mercury potassium cyanide PIP ...... Mercury potassium Iodide PP ...... Mercury salicylate PP ...... Mercury sulfates Mercury thiocyanate Metaarsenic acid Metam-sodium Methacrylonitrile, inhibited Methamidophos Methanethiol Methidathion Methomyl ortho-Methoxyaniline ...... I Methyl bromide and ethylene dibromide mixtures, liquid ...... 1-Methyl-4-ethylbenzene 2-Methyl-5-ethyopyridine Methyl mercaptan 2-Methyl-2-phenylpropane Methyl salicylate ...... 3-Methylacroleine, inhibited - ...... I... Methylchiorobenzenes Methylchloroform ...... Methylene bromide ...... I...... Methylene dibromide Methynaphthaienes, liquid Methylnaphthalenes, solid Methylnitrophenols 2-Methylpyridine 4-Methylpyridine alpha-Methylstyrene ...... Methylstyrenes, inhibited ...... Methyltrithion ...... Methylvinylbenzenes, inhibited PP...... Mevinphos ...... Mexacarbate ...... Mirex ...... Monocrotophos ...... Motor fuel anti-knock mixtures ...... Motor fuel anti-knock mixtures or compounds Nabam Naled I...... Naphtha, coal tar ...... Naphthalene, crude or refined Naphthalene, molten Naphthenic acids, liquid Naphthenic acids, solid PP...... Nickel carbony PP...... Nickel cyanide PP...... Nickel tetracarbonyl Nitrates, Inorganic, n.o.s. Nitrites, inorganic, n.o.s. 3-Nitro-4-chlorobenzonfluoride ...... Nitrobenzotrifluorides ...... Nitrocresola Nitroxylenes. (o-; in-; p-) Nonylphenol PP...... Organotin compounds, liquid, n.o.s. PP ...... Organotin compounds (pesticides) Organotin compounds, solid, n.o.s. Organotin pesticides, liquid, flammable, toxic, n.o.s., flash point less then 23deg C Organotin pesticides, liquid, toxic, flammable, n.o.s. PP...... PIP ...... Organotin pesticides, liquid, toxic, n.o.s. PP...... Organotin pesticides, solid, toxic, n.o.s. Orthoarsenic acid Osmium tetroxide Oxamyl Federal Register / Vol. 57, No. 21 / Friday, January 31, 1992 1 Proposed Rules

S.M.P. Marine Pollutant

Oxydisulfoton Paraoxon P ...... Parathion Parathion-methyl ...... * PCBs * Pentachloroethane PP. Pentachlorophenol PP. Pentachloropheno Pentalin Pentanethiols Perchloroethylene Perchloromethylmercaptan

...... Petrol, leaded pp...... Phenarsazine chloride Phenthoate 1-Phenylbutane pp...... 2-Phenylbutane P ...... Phenylethylene, inhibited PP...... Phenylmercuric acetate PP...... Phenylmercuric compounds, n.o.s. hydroxide pp ...... Phenylmercuric nitrate pp ...... Phenylmercuric 2-Phenylpropene pp ...... Phorate pp ...... Phosalone P...... Phosmet Phosphamidon Phosphorus, white or yellow dry or under water or in solution pp ...... Phosphorus white, or yellow, molten pp ...... I...... Picolines PP...... Pindone (and salts of) PP...... pp...... alpha-Pinene Pirimicarb .. pppp...... Pirimiphos-ethyl PP...... ppPP...... Polychlorinated biphenyls pp ...... Polyhalogenated biphenyls, liquid or Terphenyls liquid P ...... Polyhalogenated biphenyls, solid or Terphenyts, solid Potassium arsenate pp...... Potassium arsenite PP...... Potassium cuprocyanide Potassium cyanide Potassium cyanocuprate I pp ...... Potassium cyanomercurate * Potassium dihydrogen arsenate Potassium mercuric iodide SPromecarb * Propaphos

...... I.Propenyl chloride (cis-; trans-) ...... I Propyl chloride Propylene dichloride Propyliene dichlorilde Prothoate Prussic acid, anhydrous, stabilized Prussic acid, anhydrous, stabilized, absorbed in a porous inert material PP...... Pyrazophos Quinalphos Rotenone Salithion Selenic acid PP...... Silver arsenite Silver cyanide PP ...... Silver orthoarsenite Sodium arsarilate Sodium arsenate Sodium arsenite, aqueous solutions Sodium arsenitAe (pesticide) Sodium arsenite, solid Sodium cacodylate PP...... Sodium copper cyanide, solid PP...... Sodium copper cyanide solution PP...... Sodium cuprocyanide, solid Sodium cuprocyanide, solution Sodium cyanide ...... Sodium dinitro-o-cresolate, dy or wetted with lass than 15 per cent water, ny mass Sodium diritro-ortho-cresolate, wetted with not less than 15 per cent water, by mass Sodium melaarsenite Sodium orthoarsnatt PP ...... Sodium pentachorophenate Strontium arsenite Federal Register / Vol. 57, No. 21 / Friday, January 31, 1992 / Proposed Rules 3865

S.M.P. - ______Marine Pollutant

Strontium orthoarsenite Strychnine or Strychnine salts Styrene monomer, inhibited Sulfotep r, ...... Sulprophos Sym-Dichloroethyl ether ...... I....Temephos TEPP Terbufos 1,1,2,2-Tetrabromoethane Tetrabromomethane Tetrachloroethane 1,1,2,2-Tetrachloroethylene Tetrachloromethane Tetrachlorophenol ...... Tetraethyl dithiopyrophosphate ...... Tetraethyl lead, liquid ...... Tetramethyllead ...... Thallium chlorate Thallium compounds, n.o.s. Thallium compounds (pesticides) Thallium compounds (pesticides) Thallium nitrate Thallium sulfate Thallous chlorate ...... Thiocarbonyl tetrachloride Triaryl phosphates, isopropylated Triaryl phosphates, n.o.s...... Triazophos ...... Tribromornethane Pp...... Tributyltin compounds ...... Trichlorfon I...... Trichlorobenzenes, liquid ...... Trichlorobutene ...... Trichlorobutylene ...... 1,1,1 -Trichloroethane ...... I...... 1,1,2-Trichloroethane ...... Trichloroethylene ...... Trichloromethane Trichloromethane sulphuryl chloride Trichloromethyl sulphochloride Trichloronat 1,2,3-Trichloropropane Tricresyl phosphate (less than 1% ortho-isomer) PP ...... Tricresyl phosphate (not less than 1% ortho-isomer) Tricresyl phosphate with more than 3 per cent ortho isomer Trielhylbenzene Trimethylene dichloride Triphenylin compounds Tritolyl phosphate (less than 1% ortho-isomer) PP...... Thtolyl phosphate (not less than 1% ortho-isomer) Trixylenyl phosphate Turpentine Turpentine substitute Vinylbenzene, inhibited Vinylidene chloride, inhibited Vinyltoiuenes, Inhibited mixed isomers Warfarin (and salts of) White arsenic PP...... White phosphorus, dry PP ...... White phosphorus, molten PP ...... White phosphorus, wet White spirit. low (15-20%) aromatic Xylenols Yellow phosphorus, dry Yellow phosphorus, molten Yellow phosphorus, wet Zinc alkaryl dithiophosphate (C-7 - C-16) Zinc alkyl dithiophosphate (C-3 - C-14) I...... I Zinc arsenate or Zinc arsenite or Zinc arsenate and Zinc arsenite mixtures...... Zinc bromide ...... Zinc chloride. anhydrous ...... I...... Zinc chloride, solution PIP ...... Zinc cyanide Zinc phosphide

12. In § 172.102, paragraph (c){5) provision "N50" in appropriate alpha- § 172.102 Special provisions. would be amended by adding special numerical order: 3I)I Federal Register / Vol. 57, No. 21 / Friday, January 31. 1992 / Proposed Rules

(z) * * * appear in parentheses in association this section. The marking must appear with the basic description. on two opposite sides of the package N50 For Class 9 materials that meet (2) The words "Marine Pollutant" and must be visible from the direction it only the definition of marine pollutant, shall be entered in association with the faces. and do not meet the definition of a basic description for each marine (c) A transport vehicle or freight hazardous substance, or a hazardous pollutant. container that contains a package waste or the definition in § 173.140(a) of subject to the marking requirements of this subchapter, the labeling paragraphs (a) or (b) of this section, § 172.324 [Amended] must be marked with the marking requirements of this part do not apply. 16. In § 172.324, paragraph (a)(1) specified in paragraph (e) of this section. would be amended by removing the The marking must appear on two § 172.200 [Amended] word "appendix" and replacing it with opposite sides of the transport vehicle or the phrase "Appendix A". freight container, and must be visible 13. In § 172.200, in the introductory 17. Section 172.322 would be added to from the direction it faces. text of paragraph (b) the phrase read as follows: (d) The marking specified in "hazardous waste or a hazardous paragraph (e) of this section is not substance," would be removed and § 172.322 Marking of packages of marine required- replaced with the phrase "hazardous pollutants. (1) For a severe marine pollutant (see substance, hazardous waste or a marine (a) For each non-bulk packaging that Appendix B to § 172.101), on a pollutant,". contains a marine pollutant- combination package containing inner (1) If the proper shipping name for a § 172.203 [Amended] packagings each of which has contents material which is a marine pollutant less than: 14. In § 172.203, paragraph (c)(1)(i) does not identify by name the (i) 0.5 liters (17 ounces) or less for would be amended by removing the component which makes the material a liquids; or word "appendix" and replacing it with marine pollutant, the name of that (ii) 500 grams (17.6 ounces) or less for the phrase "Appendix A". component must be marked on the solids. 15. In § 172.203, paragraph (1)would package in parentheses in association (2) For a marine pollutant other than be added to read as follows: with the basic description. Where two a severe marine pollutant, on a or more components which make a combination package containing inner § 172.203 Additional description material a marine pollutant are present, requirements. packagings each of which has contents the names of at least two of the less than: components most predominantly (i) 5 liters (1 gallon) or less for liquids. (1)Marine pollutants. (1) If the proper contributing to the marine pollutant (ii) 5 kilograms (11 pounds) or less for shipping name for a material which is a designation must appear in parentheses solids. marine pollutant does not identify by in association with the basic (3) Except for transportation by name the component which makes the description; and vessel, on a transport vehicle or freight material a marine pollutant, the name of (2) The marking specified in container that contains less than 454 kg that component must appear in paragraph (e) of this section shall be (1,000 pounds) aggregate gross weight of parentheses in association with the placed in association with the hazard non-bulk packages containing marine basic description. Where two or more warning labels or, in the absence of any pollutants. components which make a material a labels, in association with the proper (e) Marine pollutantmark. The marine marine pollutant are present, the names shipping name. pollutant mark must conform to the of at least two of the components most (b) A bulk packaging that contains a following: predominantly contributing to the marine pollutant must be marked with (1) Except for size. the marine marine pollutant designation must the marking specified in paragraph (e) of pollutant mark must appear as follows: Federal Register / Vol. 57, No. 21 / Friday, January 31, 1992 / Proposed Rules 3867 I II

(2) The symbol, letters and border "hazardous substance, hazardous waste phrase "hazardous substance or must be black and the background color or marine pollutant." hazardous waste" and replacing it with white. For non-bulk packagings, each 21. In § 173.140, paragraph (b) would the phrase "hazardous substance, side of the marking must be at least 100 be revised to read as follows: hazardous waste, or marine pollutant". mm (3.9 inches), except in the case of packagings which, because of their size. § 173.140 Class 9-Definitions. § 173.154 [Amended] can only bear smaller marks. For bulk 26. In § 173.154, paragraph (c) would packagings, each side of the marking (b) Meets the definition in § 171.8 of be amended by removing the phrase must be at least 250 mm (9.8 inches). this subchapter for a hazardous "hazardous substance or hazardous substance, hazardous waste or marine waste" and replacing it with the phrase PART 173--SHIPPERS--GENERAL pollutant. "hazardous substance, hazardous waste, REQUIREMENTS FOR SHIPMENTS § 173.150 [Amended] or marine pollutant" and paragraph (d) AND PACKAGINGS would be amended by removing the 22. In § 173.150, paragraph (c) would phrase "hazardous substance or a 18. The authority citation for part 173 be amended by removing the phrase hazardous waste," and replacing it with would continue to read as follows: "hazardous substance or hazardous waste" and replacing it with the phrase the phrase "hazardous substance, Authority: 49 App. U.S.C. 18, 1804,1805, hazardous waste, or marine pollutant,". and 1808; 49 CFR part 1,unless otherwise "hazardous substance, hazardous waste, noted. or marine pollutant", and paragraphs § 173.155 [Amended] (f(2), (f)[3) and (f)(4) would be amended 27. In § 173.155, paragraph (c) would 19. In § 173.12, the word "and" would by removing the phrase "hazardous be amended by removing the phrase be removed from the end of paragraph substance or hazardous waste" and "hazardous substance or hazardous (d)(1), in paragraph (d](2) the "." would replacing it with the phrase "hazardous waste" and replacing it with the phrase be removed and replaced with a ";", and substance, hazardous waste, or marine "hazardous substance, hazardous waste, paragraph (d)(3) would be added to read pollutant". or marine pollutant". as follows: § 173.151 [Amended] § 173.421-2 [Amended] § 173.12 Exceptions for shipments of 23. In § 173.151, paragraph (c) would waste materials. be amended by removing the phrase 28. In § 173.421-2, paragraphs (b)(1l)(i) "hazardous substance or hazardous and (b)(2)(i) would be amended by waste" and replacing it with the phrase removing the phrase "hazardous waste (d)* " * or hazardous substance" and replacing (3) Packagings containing marine "hazardous substance, hazardous waste, or marine pollutant". it with the phrase "hazardous substance, pollutants must be described as required hazardous waste, or marine pollutant". in § 172.203(1) of this subchapter and § 173.152 [Amended] 29. In § 173.425, paragraph (b)(8) marked as required in § 172.322 of this 24. In § 173.152, paragraph (c) would would be amended by adding the subchapter. be amended bwith the phrase following paragraph to the end of the § 173.29 [Amended] "hazardous substance, hazardous waste, existing regulatory text: or marine pollutant". 20. In § 173.29, paragraph (b)(3) would § 173.425 Transport requirements for low be amended by removing the phrase § 173.153 [Amended] specific activity (LSA) radioactive materials. "hazardous substance or a hazardous 25. In § 173.153, paragraph (c)(3) waste." and replacing it with the phrase would be amended by removing the (b) * * * 3868 Federal Register / Vol. 57, No. 21 / Friday, January 31, 1992 / Proposed Rules II

(a) * * * Packages that contain a (5] For any entry for a material that is without impairing the safety of the ship marine pollutant must be marked in a marine pollutant, the words "Marine and the persons on board. accordance with § 172.322 of this Pollutant" must be entered in (b) Where stowage is permitted "on subchapter. association with the basic description. deck or under deck", under deck * * * ,* * stowage is preferred except when a weather deck provides equivalent protection. PART 174-CARRIAGE BY RAIL PART 176-CARRIAGE BY VESSEL (c) Where stowage "on deck only" is 176 30. The authority citation for part 174 32. The authority citation for part required, preference should be given to would continue to read as follows: would continue to read as follows: stowage on well-protected decks or to Authority: 49 App. U.S.C. 1803,1804,1805, stowage inboard in sheltered areas of Authority: 49 App. U.S.C. 1803, 1804, 1808, 1808; 49 CFR 1.53, app. A to part 1. exposed decks. 49 CFR 1.53(e), 1.53, app. A to part 1. 33. Section 176.70 would be added to Issued in Washington, DC on January 27, 1992. under authority delegated in 49 CFR 31. In § 174.25, paragraph (b)(5) would read as follows: be added to read as follows; part 106, appendix A. § 176.70 Stowage requirements for marine Alan I. Roberts, § 174.25 Additional Information on way pollutants. Associate AdmninisratorforHazardous bills, switching orders and other billings. (a) Marine pollutants must be properly MaterialsSafety. stowed and secured to minimize the [FR Doc. 92-2321 Filed 1-30-92; 8:45 am] (b} * * * hazards to the marine environment BILLING CODE 4910-40-M