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Hazardous Materials This document is scheduled to be published in the Federal Register on 08/16/2013 and available online at http://federalregister.gov/a/2013-19422, and on FDsys.gov 9110-04-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 46 CFR Parts 30, 150, and 153 Docket No. USCG-2013-0423 RIN 1625-AB94 2012 Liquid Chemical Categorization Updates AGENCY: Coast Guard, DHS. ACTION: Interim rule. _________________________________________________________ SUMMARY: The Coast Guard is updating and revising regulatory tables that list liquid hazardous materials, liquefied gases, and compressed gases that have been approved for maritime transportation in bulk, and that indicate how each substance’s pollution potential has been categorized. The interim rule provides new information about approved substances and their categorizations, but would not make any changes in which substances are approved or how each substance is categorized. Updated information is of value to shippers and to the owners and operators of U.S.-flag tank and bulk cargo vessels in any waters and most foreign-flag tank and oceangoing bulk cargo vessels in U.S. waters. This interim rule promotes the Coast Guard’s maritime safety and stewardship missions. DATES: This interim rule is effective [INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN FEDERAL REGISTER]. Comments and related material must either 1 be submitted to our online docket via http://www.regulations.gov on or before [INSERT DATE 90 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER] or reach the Docket Management Facility by that date. ADDRESSES: You may submit comments identified by docket number USCG-2013- 0423 using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202-493-2251. (3) Mail: Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329. To avoid duplication, please use only one of these four methods. See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, e- mail or call LCDR Marie Castillo-Bletso, Coast Guard; e-mail: Marie.M.Castillo- [email protected], telephone: 202-372-1023. If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone 202-366-9826. SUPPLEMENTARY INFORMATION: Table of Contents for Preamble 2 I. Public Participation and Request for Comments A. Submitting comments B. Viewing comments and documents C. Privacy Act D. Public meeting II. Abbreviations III. Basis and Purpose IV. Background V. Discussion of the Interim Rule V. Regulatory Analyses A. Regulatory Planning and Review B. Small Entities C. Assistance for Small Entities D. Collection of Information E. Federalism F. Unfunded Mandates Reform Act G. Taking of Private Property H. Civil Justice Reform I. Protection of Children J. Indian Tribal Governments K. Energy Effects L. Technical Standards M. Environment I. Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted, without change, to http://www.regulations.gov and will include any personal information you have provided. A. Submitting comments If you submit a comment, please include the docket number for this rulemaking (USCG-2013-0423), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online, or by fax, mail or hand delivery, but please use only one of these means. We recommend that you include your name and a 3 mailing address, an e-mail address, or a phone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and insert “USCG-2013-0423” in the “Search” box. Click on "Submit a Comment" in the “Actions” column. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8½ by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change this interim rule based on your comments. B. Viewing comments and documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov and insert “USCG-2013-0423” in the “Search” box. Click "Search." Click the “Open Docket Folder” in the “Actions” column. If you do not have access to the internet, you may view the docket online by visiting the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility. C. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, 4 if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). D. Public meeting We do not now plan to hold a public meeting, but you may submit a request for one to the docket using one of the methods specified under ADDRESSES. In your request, explain explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. II. Abbreviations APA Administrative Procedure Act DHS Department of Homeland Security E.O. Executive Order FR Federal Register IBC Code International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk IMO International Maritime Organization MARPOL International Convention for the Prevention of Pollution from Ships, 1973 MEPC Marine Environment Protection Committee NLS Noxious liquid substance OMB Office of Management and Budget SOLAS International Convention for the Safety of Life at Sea U.S.C. United States Code III. Basis and Purpose The basis of this interim rule is 46 U.S.C. 3703, which requires the Secretary of the department in which the Coast Guard is operating to prescribe regulations relating to the operation of vessels that carry liquid bulk dangerous cargoes, and to the types and grades of cargo those vessels carry. Additional regulatory authority is provided by 33 U.S.C. 1903 (regulations to implement the International Convention for the Prevention of 5 Pollution from Ships, 1973 (MARPOL)), 46 U.S.C. 2103 (merchant marine regulatory authority), and 46 U.S.C. 3306 (regulations for the safety of individuals and property on inspected vessels). The Secretary’s authority under these statutes is delegated to the Coast Guard in Department of Homeland Security Delegation No. 0170.1 (77) and (92). The purpose of the interim rule is to update and revise regulatory tables that list liquid hazardous materials, liquefied gases, and compressed gases that have been approved for maritime transportation in bulk, and that indicate how each substance’s pollution potential has been categorized. The Administrative Procedure Act, 5 U.S.C. 551 et seq., generally requires agencies to give prior public notice before issuing new rules and to give interested persons an opportunity to participate in the rulemaking by submitting comments or additional information. We are issuing this interim rule without prior notice and comment under the exceptions to the general requirement contained in 5 U.S.C. 553(b)(B) and (d). Section 553(b)(B) provides an exception from prior notice and comment when an agency finds, for good cause, that notice and comment are “impracticable, unnecessary, or contrary to the public interest.” We find that it is unnecessary and contrary to the public interest to give prior notice and comment for this interim rule, because this interim rule simply updates and revises tables that list the names and pollution-potential categorizations of liquid chemical substances that have already been categorized and approved for maritime transportation in bulk. It makes no new decisions about whether any specific chemical substance should be approved for bulk maritime transportation, about how any specific substance should be categorized, or about carriage requirements that should apply to any specific substance. It simply updates and revises regulatory 6 tables to list liquid hazardous materials, liquefied gases, and compressed gases that currently are approved for maritime transportation in bulk, and indicates how each substance’s pollution potential currently is categorized under international agreements to which the United States is a party. Neither existing approvals nor existing categorizations can be changed as a result of taking public comment on this rulemaking. Additionally, delaying the regulatory update to allow for notice and comment is contrary to the public interest because it delays the public’s ready access to categorization information without which it is impossible to know which regulations apply to any specific substance. IV. Background Coast Guard regulations in 46 CFR subchapter O (parts 150 through 155) list hundreds of hazardous liquids, liquefied gases, and compressed gases that the Coast Guard has approved for bulk transportation by vessels.
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