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Department of Homeland Security Vol. 80 Thursday, No. 204 October 22, 2015 Part IV Department of Homeland Security Coast Guard 46 CFR Parts 30, 150, and 153 2013 Liquid Chemical Categorization Updates; Proposed Rule VerDate Sep<11>2014 20:20 Oct 21, 2015 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\22OCP3.SGM 22OCP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 64192 Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules DEPARTMENT OF HOMELAND Collins, Program Manager, Docket II. Abbreviations SECURITY Operations, telephone 202–366–9826, DHS—Department of Homeland Security toll free 1–800–647–5527. E.O.—Executive Order Coast Guard SUPPLEMENTARY INFORMATION: FR—Federal Register IBC Code—International Code for the 46 CFR Parts 30, 150, and 153 Table of Contents for Preamble Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk [Docket No. USCG–2013–0423] I. Public Participation and Comments II. Abbreviations IMO—International Maritime Organization RIN 1625–AB94 III. Discussion MARPOL—International Convention for the IV. Regulatory Analyses Prevention of Pollution from Ships, 1973 2013 Liquid Chemical Categorization A. Regulatory Planning and Review MEPC—Marine Environment Protection Updates B. Small Entities Committee C. Assistance for Small Entities NLS—Noxious liquid substance AGENCY: Coast Guard, DHS. D. Collection of Information SOLAS—International Convention for the ACTION: Supplemental notice of E. Federalism Safety of Life at Sea proposed rulemaking. F. Unfunded Mandates Reform Act §—Section Symbol G. Taking of Private Property U.S.C.—United States Code H. Civil Justice Reform SUMMARY: The Coast Guard proposes III. Discussion additional updates and revisions to I. Protection of Children J. Indian Tribal Governments Basis and purpose. The legal basis of regulatory tables that were amended by K. Energy Effects an interim rule published in August this rulemaking is 46 U.S.C. 3703, L. Technical Standards which requires the Secretary of the 2013. The tables list liquid hazardous M. Environment materials, liquefied gases, and department in which the Coast Guard is compressed gases approved for I. Public Participation and Comments operating to prescribe regulations maritime transportation in bulk, and We encourage you to submit relating to the operation of vessels that indicate how each cargo is categorized comments (or related material) on this carry liquid bulk dangerous cargoes, and by its pollution risk and safe carriage rulemaking. We will consider all to the types and grades of cargo those requirements. These proposals would submissions and may adjust our final vessels carry. Additional regulatory correct errors in the interim rule and action based on your comments. authority is provided by 33 U.S.C. 1903 bring the tables current through Comments should be marked with (regulations to implement the December 2013. Updated information is docket number USCG–2013–0423 and International Convention for the of value to shippers and to the owners should provide a reason for each Prevention of Pollution from Ships, and operators of U.S.-flag tank and bulk suggestion or recommendation. You 1973, or ‘‘MARPOL’’), 46 U.S.C. 2103 cargo vessels in any waters, and most should provide personal contact (general merchant marine regulatory foreign-flag tank and oceangoing bulk information so that we can contact you authority), and 46 U.S.C. 3306 cargo vessels in U.S. waters. The if we have questions regarding your (regulations for the safety of individuals proposed rule promotes the Coast comments; but please note that all and property on inspected vessels). The Guard’s maritime safety and comments will be posted to the online Secretary’s authority under these stewardship (environmental protection) docket without change and that any statutes is delegated to the Coast Guard missions. personal information you include can be in DHS Delegation No. 0170.1, para.II searchable online.1 (77), (92.a), and (92.b). DATES: Comments and related material The purpose of the rulemaking is to must be submitted to the online docket Mailed or hand-delivered comments 1 × update and revise regulatory tables that via http://www.regulations.gov, or reach should be in an unbound 8 ⁄2 11 inch format suitable for reproduction. The list liquid hazardous materials, liquefied the Docket Management Facility, on or gases, and compressed gases that have before January 20, 2016. Docket Management Facility will acknowledge receipt of mailed been approved for maritime ADDRESSES: Submit comments using one transportation in bulk, and that indicate of the listed methods, and see the comments if you enclose a stamped, self-addressed postcard or envelope how each cargo is categorized by its SUPPLEMENTARY INFORMATION section of pollution risk and safe carriage this preamble for more information on with your submission. Documents mentioned in this notice, requirements. public comments. 2013 Interim Rule. The Coast Guard • Online—http://www.regulations.gov and all public comments, are in our online docket at http:// published an interim rule on this topic following Web site instructions. in 2013.2 Acknowledging public • Fax—202–493–2251. www.regulations.gov and can be viewed • by following the Web site’s instructions. comments that brought to light certain Mail or hand deliver—Docket errors in the interim rule, the Coast Management Facility (M–30), U.S. You can also view the docket at the Docket Management Facility (see the Guard delayed its effective date, Department of Transportation, West originally September 16, 2013, on three Building Ground Floor, Room W12–140, mailing address under ADDRESSES) between 9 a.m. and 5 p.m., Monday occasions, most recently until January 1200 New Jersey Avenue SE., 16, 2017.3 We are correcting those errors Washington, DC 20590–0001. Hand through Friday, except Federal holidays. We are not planning to hold a public delivery hours: 9 a.m. to 5 p.m., Monday 2 meeting but will consider doing so if ‘‘2012 Liquid Chemical Categorization Updates; through Friday, except Federal holidays Interim Rule,’’ 78 FR 50147 (Aug. 16, 2013). (telephone 202–366–9329). public comments indicate a meeting Because the interim rule contained information would be helpful. We would issue a updated only through December 2012, it bore the FOR FURTHER INFORMATION CONTACT: For separate Federal Register notice to heading ‘‘2012 Liquid Chemical Categorization information about this document call or announce the date, time, and location of Updates.’’ This SNPRM is headed ‘‘2013 Liquid Chemical Categorization Updates’’ because it has email Mr. Patrick Keffler, Coast Guard; such a meeting. telephone 202–372–1424, email been updated as of the December 2013 MEPC Circular, but the SNPRM shares the same docket [email protected]. For 1 See the Federal Register Privacy Act notice with the interim rule. information about viewing or submitting regarding our public dockets, 73 FR 3316, Jan. 17, 3 See 78 FR 56837 (Sep. 16, 2013; delayed until material to the docket, call Ms. Cheryl 2008. Jan. 16, 2014); 79 FR 2106 (Jan. 13, 2014; delayed VerDate Sep<11>2014 20:20 Oct 21, 2015 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 mstockstill on DSK4VPTVN1PROD with PROPOSALS3 Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules 64193 in this supplemental notice of proposed tripartite agreement is forwarded to the reflect the latest IBC Code revision, but rulemaking (SNPRM). In addition, given IMO’s Marine Environment Protection until this rulemaking, they were not the lapse of time since we published the Committee (MEPC) and to the updated to incorporate the changes interim rule, we propose updating the administration of every country that is made by the 2007 IBC Code revision. interim rule’s tables as of December signatory to the IBC Code. IMO actions reflected in this 2013. Therefore, we are issuing an The Coast Guard is unique among IBC rulemaking. In March 2012, the IMO SNPRM, rather than proceeding directly Code–signatory administrations published an Annex to the 2007 IBC from the 2013 interim rule to a final because, in addition to the Code, listing additional cargoes with rule, so that, in the interest of ensuring categorizations contained in the their pollution categorizations. the accuracy of our tables, we can take tripartite agreement, it also assigns each Until we published our 2013 interim another round of public comments cargo to a ‘‘compatibility group.’’ This rule, the tables in subchapter D and before issuing a final rule. grouping guides IBC signatories and subchapter O had gone unamended for Purpose of tables. Coast Guard shippers in determining which cargoes, several years, and still contained the regulations in 46 CFR subchapter D based on chemical analyses and test pre-2007 pollution categorizations. The (tank vessels, parts 30 through 39) and data submitted by manufacturers, would interim rule updated the following subchapter O (certain bulk dangerous be chemically incompatible with other tables as of the December 2012 MEPC cargoes, parts 150 through 155) contain cargoes and therefore cannot safely be circular: requirements for ensuring the safe shipped with those other cargoes in • ‘‘Table 30.25–1’’ in subchapter D; maritime carriage (transportation) of adjacent tanks, without special • ‘‘Table I to Part 150’’ in subchapter certain bulk liquid cargoes. Tables in precautions.6 Our tables also reflect O; subchapters D and O list the cargoes these compatibility groupings. • ‘‘Table II to Part 150’’ in subchapter that have been approved for maritime IMO assessment. Upon receipt of a O; and carriage. They also categorize each tripartite agreement, the MEPC conducts • ‘‘Table 2 to Part 153’’ in subchapter cargo’s pollution-hazard risk and safe its own multi-year review and O. carriage requirements in accordance assessment of the information contained This supplemental notice of proposed with the Coast Guard and International in the tripartite agreement, and rulemaking (SNPRM) proposes updating Maritime Organization (IMO) following that review, either validates or these tables as of the December 2013 assessment and review processes modifies the agreement’s information.
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