SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments

II. Abbreviations

III. Basis and Purpose

IV. Background

V. Discussion of Proposed Rule

VI. Regulatory Analyses

A. Regulatory Planning and Review

B. Small Entities

C. Assistance for Small Entities

D. Collection of Information

E. Federalism

F. Unfunded Mandates

G. Taking of Private Property

H. Civil Justice Reform

I. Protection of Children

J. Indian Tribal Governments

K. Energy Effects

L. Technical Standards

M. Environment

I. Public Participation and Request for Comments

The Coast Guard views public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation.

Submitting comments. We encourage you to submit comments through the Federal Decision Making Portal at https://www.regulations.gov. To do so, go to https://www.regulations.gov, type USCG-2022-0327 in the search box and click “Search.” Next, look for this document in the Search Results column, and click on it. Then click on the Comment option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER INFORMATION CONTACT section of this proposed rule for alternate instructions.

Viewing material in docket. To view documents mentioned in this proposed rule as being available in the docket, find the docket as described in the previous paragraph, and then select “Supporting & Related Material” in the Document Type column. Public comments will also be placed in our online docket and can be viewed by following instructions on the https://www.regulations.gov Frequently Asked Questions web page. This web page also explains how to subscribe for email alerts that will notify you when comments are posted or if a final rule is published. We review all comments received, but we will only post comments that address the topic of the proposed rule. We may choose not to post off-topic, inappropriate, or duplicate comments that we receive.

Personal information. We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have provided. For more about privacy and submissions to the docket in response to this document, see DHS's eRulemaking System of Records notice (85 FR 14226, March 11, 2020).

We do not plan to hold a public meeting but we will consider doing so if we determine from public comments that a meeting would be helpful. We would issue a separate Federal Register notice to announce the date, time, and location of such a meeting.

II. Abbreviations

CAS RN CAS Registry Number

CFR Code of Federal Regulations

CG-ENG-5 U.S. Coast Guard Hazardous Materials Division

DHS Department of Homeland Security

FR Federal Register

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

LCC Liquid Chemical Categorization

IMO International Maritime Organization

MEPC International Maritime Organization's Marine Environment Protection Committee

MEPC.2/Circ.25 MEPC Resolution number 2, Circular 25, dated December 1, 2019

NPRM Notice of proposed rulemaking

OMB Office of Management and Budget

§ Section

U.S.C. United States Code

III. Basis and Purpose

The Coast Guard is tasked by Congress with promulgating regulations to improve the shipping practices in the United States. In order to improve the safety in the shipping and handling of hazardous liquid chemicals, since 1983 the Coast Guard has published tables and lists of chemicals that are safe to ship together, and others that are incompatible for co-storage or shipping.

The legal basis of this rulemaking is title 46 of the United States Code (U.S.C.), Section 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 (Administration and enforcement, regulations to implement the International Convention for the Prevention of Pollution from Ships, 1973, or “MARPOL”), 46 U.S.C. 2103 (Superintendence of the merchant marine, general merchant marine regulatory authority), and 46 U.S.C. 3306 (Regulations, 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 the Department of Homeland Security (DHS) Delegation 00170.1, Revision No. 01.2, paragraphs (II)(92)(a) and 92(b). ( printed page 57985)

The purpose of this rulemaking is to provide additions and updates to those regulatory tables that list liquid hazardous materials, liquefied gases, and compressed gases that have been approved for maritime transportation in bulk, and to indicate how each cargo is categorized by its pollution risk and safe carriage requirements.

IV. Background

Each December, the International Maritime Organization's (IMO) Marine Environment Protection Committee (MEPC) releases an annual circular that lists cargoes for which it has completed a multi-year review. A cargo is listed in the circular if a tripartite agreement approves it for international bulk maritime transportation and the MEPC validates the approval. The International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) is periodically revised by parties to the IBC Code to include the cargoes listed in the MEPC annual circulars as of the last edition of the Code.

The Coast Guard, as the administrator of regulations that control liquid chemical shipping practices, has endeavored to update these regulations in order to keep the CFR aligned with international standards. The last time the Coast Guard updated these regulations was in an April 17, 2020 final rule entitled 2013 Liquid Chemical Categorization Updates (85 FR 21660).^[1] This proposed rulemaking is the next in a planned series of rulemakings that will periodically update the Code of Federal Regulations (CFR) to align with the latest updates of the IBC Code. The Coast Guard is proposing to align the Liquid Chemical Categorization tables with the 2020 Edition of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk and the International Maritime Organization's Marine Environment Protection Committee's Circular 25, dated December 1, 2019 and entered into force January 1, 2021.

V. Discussion of Proposed Rule

Coast Guard regulations in 46 CFR subchapters D (Tank vessels, parts 30 through 40) and O (Certain bulk dangerous cargoes, parts 150 through 155) contain requirements for ensuring the safe maritime carriage (transportation) of certain bulk liquid cargoes. Tables in subchapters D and O list the cargoes that have been approved for maritime carriage. The tables also categorize each cargo's pollution-hazard risk and safe carriage requirements. The categories are developed in the course of the Coast Guard's and the IMO's assessment and review processes, which are described in the following paragraphs. This information is of value to vessel owners and operators, and to shippers of the cargoes involved.

The proposed rule would update these tables to include new chemicals that have been developed by industry and assessed by the IMO between January 1, 2014 and January 1, 2021. In addition, the proposed rule would bring 46 CFR subchapters D and O into closer conformity with the IBC Code.

Agencies responsible for administering international treaties must agree on the new cargo's assessment before the cargo can be approved for transportation. This is done by a “tripartite agreement” entered into by the administrations of the exporting country, the importing country, and the country in which the ship that will carry the cargo is registered. The tripartite agreement categorizes the cargo's pollution-hazard risk, flammability, and combustibility in accordance with the IBC Code. A copy of the tripartite agreement is forwarded to the MEPC and to the administration of every country that is signatory to the IBC Code.

The Coast Guard is unique among IBC Code-signatory administrations because, in addition to the categorizations contained in the tripartite agreement, it also assigns each cargo to a “compatibility group.” This grouping guides IBC signatories and shippers in determining which cargoes cannot safely be shipped with other cargoes in adjacent tanks, without special precautions. The compatibility groupings are informed by chemical analyses and test data submitted by manufacturers.

Upon receipt of a tripartite agreement, the MEPC conducts its own multi-year review and assessment of the information contained in the tripartite agreement, and, following that review, either validates or modifies the agreement's information. Our tables also reflect any modifications resulting from this IMO assessment.

Each December, the MEPC releases a circular listing each new cargo for which it has completed its review of the cargo's tripartite agreement. The circular lists the countries that have approved international maritime transportation of each new cargo, and provides information about each cargo's pollution-hazard risk and flammability and combustibility. Thus, if a tripartite agreement has approved a cargo for international bulk maritime transportation and the MEPC validates or modifies that information, eventually it will be listed in the MEPC circular. Periodically, the IBC Code is revised to incorporate the cargoes listed in the MEPC's annual circulars since the last edition of the IBC Code.

This proposed rule is designed to bring the following tables in 46 CFR into conformity with the 2020 Edition of the IBC Code and IMO Resolutions MSC.460(101) and MEPC.318(74) issued on June 14 and May 17, 2019, respectively:

• Table 30.25-1, List of Flammable and Combustible Bulk Liquid Cargoes;
• Table 1 to part 150, Alphabetical List of Cargoes, in subchapter O;
• Table 2 to part 150, Grouping of Cargoes, in subchapter O; and
• Appendix I to part 150, Exceptions to the Chart, in subchapter O.

Table 30.25-1 lists flammable or combustible cargoes that, when transported in bulk, must be certificated under subchapter D regulations. We propose to add chemicals contained in Table 1 to part 150 that are flammable or combustible.

Table 1 to part 150 is a comprehensive table that includes all the cargoes that are subject to the regulations in subchapter D. It lists these cargoes alphabetically and lists the chemical compatibility group number assigned to each cargo. We propose to include cargoes that have been approved for shipping by the IBC Code and MEPC Resolution number 2, Circular 25, dated December 1, 2019 (MEPC.2/Circ.25).

Table 2 to part 150 contains the proper shipping names of all the cargoes listed in Table 1, sorted by chemical compatibility group numbers instead of listed alphabetically. We propose to align Table 2 with Table 1 to part 150 and include cargoes that have been approved for shipping by the IBC Code and MEPC.2/Circ.25.

Appendix I to part 150 contains cargoes listed in Tables 1 and 2 to part 150 that have positive chemical compatibility exceptions. To illustrate, consider the following: cargoes in group X and cargoes in group Y are generally incompatible for co-shipping. However, there is one cargo in group X and one cargo in group Y that, for whatever reason, can be shipped together safely. This is an example of a positive chemical compatibility exception, and it would be listed in Appendix I so that ( printed page 57986) stakeholders can maximize the efficiency of their shipping practices. We propose to update Appendix I to include cargoes from Tables 1 and 2 that have such positive exceptions.

To further illustrate how the chemical categorization tables work together: Appendix II to part 150 contains cargoes listed in Tables 1 and 2 that have negative chemical compatibility exceptions. Even if cargoes from hypothetical group X and group Y are generally compatible for co-shipping, there may be a particular chemical in group X that, when stored with a particular chemical from group Y, can react dangerously. This is an example of a negative chemical compatibility exception, and would be listed in Appendix II so that stakeholders can be sure to ship such cargoes safely. We propose no new changes to Appendix II to part 150.

In addition to the introduction of new chemicals into these tables, the Coast Guard proposes adding a new column to Table 1 of part 150 that will contain a CAS Registry Number. CAS, a division of the non-profit American Chemical Society, designed the CAS Registry to prevent the frustration, delays, and safety concerns that can come with a convoluted system of identifying chemicals. A CAS Registry Number (RN) is a unique and unambiguous identifier for a specific substance that allows clear communication and links together all available data and research about that substance. Government agencies rely on CAS RNs for substance identification in regulatory applications because they are unique, easily validated, and internationally recognized. The addition of CAS RNs would make it easier to use the information, leading to safer shipping practices.

The proposed rule will also revise the authority citation to 46 CFR part 150 so that it will no longer cite to 44 U.S.C. 3507. This was done because that statute dictates the manner in which the Coast Guard can issue collections of information, rather than delegating authority to edit the CFR.

The Coast Guard considered proposing the removal of the CHRIS codes from the liquid chemical categorization tables. While we decided not to propose such a removal in this proposed rule, the Coast Guard would be interested in any public comments on the utility of CHRIS codes.

VI. Regulatory Analyses

We developed this proposed rule after considering numerous statutes and Executive orders related to rulemaking. A summary of our analyses based on these statutes and Executive orders follows.

A. Regulatory Planning and Review

Executive Orders 12866 (Regulatory Planning and Review) and 13563 (Improving Regulation and Regulatory Review) direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying costs and benefits, reducing costs, harmonizing rules, and promoting flexibility.

The Office of Management and Budget (OMB) has not designated this proposed rule a significant regulatory action under section 3(f) of Executive Order 12866. A regulatory analysis follows.

Summary of Impacts of the Notice of Proposed Rulemaking (NPRM)

In this NPRM, the Coast Guard proposes incorporating information from MEPC.2/Circ.25 into the tables of subchapters D and O to conform the tables to these international standards. In subchapter D, we propose revising table 30.25-1; in subchapter O, we propose revising tables 1 and 2 and Appendix I to part 150. A summary of the impacts from the NPRM follows.

Affected Population

This proposed rule updates the Liquid Chemical Categorization (LCC) tables that list the names, pollution risk categorization, safe carriage requirements, chemical flammability, combustibility, and chemical compatibility of each hazardous liquid chemical that has been categorized and approved for maritime transportation in bulk by the IMO and the Coast Guard. In this proposed rule, the Coast Guard is making no new decisions about whether any specific liquid bulk dangerous cargo should be approved for maritime transportation, about how any specific cargo should be categorized, or about carriage requirements that should apply to any specific cargo. The rule would provide updated information about cargoes that are currently approved for maritime transportation in bulk, and the cargo's pollution categorization and minimum transportation safety requirements. The rule would also add a column to Table 1 of part 150 containing the applicable CAS RNs. This proposed rule would apply to the carriage of the cargoes from the tank vessel population described in 46 CFR 30.01-5, 150.110 (with exceptions outlined in 46 U.S.C. 3702), 153.1, and 154.5. All U.S.- and foreign-flagged tank vessels are included, unless exempted by 46 CFR 30.01-5 or 46 CFR 153.1. This proposed rule would also apply to U.S.- and foreign-flagged self-propelled bulk cargo-carrying vessels when in U.S. waters. Foreign tank vessels are exempt from this proposed regulation when on innocent passage through U.S. waters.

Costs

This proposed rule would update the tables to reflect decisions already made under international law regarding which liquid chemical substances are approved for bulk maritime transportation, and how those substances should be categorized with respect to their pollution risk. The Coast Guard already applies these standards when assessing ad hoc domestic carriage requests for bulk liquid chemicals. Vessel owners and shippers would have to comply with these standards to receive Coast Guard approval for carriage. Industry is aware of this procedure, and we believe that shippers already comply with these ( printed page 57987) standards. Therefore, the Coast Guard does not expect that this proposed rule would change established shipping requirements or current practices among chemical shippers. No additional labor or equipment will be required because of this rule. As a result, we expect that there will be no incremental private sector costs to chemical shippers or vessel owners. Further, we do not anticipate that the proposed rule would impose any costs on the Coast Guard. This proposed rule incorporates the Coast Guard's compatibility categorizations, as well as chemical cargoes and categorizations listed in IMO's 2021 IBC Code amendments and MEPC.2/Circ.25.

Benefits

The proposed rule would provide qualitative benefits by conforming regulatory language to practices currently allowed by the Coast Guard, either through individual letters of approval from the Hazardous Materials Division (CG-ENG-5) or the IBC Code. In updating the LCC tables, the Coast Guard would align the domestic shipping requirements for liquid bulk dangerous cargoes with current international standards. Coast Guard expects this proposed rule to serve the public through greater clarity regarding the regulatory requirements in the LCC tables and through easier use of chemical safety information. This proposed rule would codify existing practices which would decrease confusion as to what are the regulatory requirements in the LCC tables.

B. Small Entities

Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.

There are no small shippers engaged in the transport of the LCC chemicals. In addition, the proposed rule does not impose economic costs on the regulated public. The Coast Guard does not expect that small entities would incur any incremental costs; therefore, the Coast Guard finds that there is not a substantial number of small entities nor a significant economic impact.

The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this proposed rule would have a significant economic impact on it, please submit a comment to the docket at the address listed in the ADDRESSES section of this preamble. In your comment, explain why you think it qualifies and how and to what degree this proposed rule would economically affect it.

C. Assistance for Small Entities

Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-121, we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the proposed rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please call or email the person in the FOR FURTHER INFORMATION CONTACT section of this proposed rule. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.

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

D. Collection of Information

This proposed rule would call for no new or revised collection of information under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520. This proposed rule simply would update and revise tables that list cargoes that have been approved and categorized for bulk maritime transportation, which does not involve information collection.

E. Federalism

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

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

While it is well settled that States may not regulate in categories in which Congress intended the Coast Guard to be the sole source of a vessel's obligations, the Coast Guard recognizes the key role that State and local governments may have in making regulatory determinations. Additionally, for rules with federalism implications and preemptive effect, Executive Order 13132 specifically directs agencies to consult with State and local governments during the rulemaking process. If you believe this proposed rule would have implications for federalism under Executive Order 13132, please call or email the person listed in the FOR FURTHER INFORMATION CONTACT section of this preamble.

F. Unfunded Mandates

The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538, requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100 million (adjusted for inflation) or more in any one year. Although this proposed rule would not result in such an expenditure, we do discuss the ( printed page 57988) effects of this proposed rule elsewhere in this preamble.

G. Taking of Private Property

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

H. Civil Justice Reform

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

I. Protection of Children

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

J. Indian Tribal Governments

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

K. Energy Effects

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

L. Technical Standards

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

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

M. Environment

We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. A preliminary Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble.

This proposed rule would be categorically excluded under paragraphs L54 and L58 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.^[2] Paragraph L54 pertains to promulgation of regulations that are editorial or procedural; paragraph L58 pertains to regulations concerning equipment approval and carriage requirements. This proposed rule involves updates to the LCC tables in order to align them with the 2021 IBC Code amendments and MEPC.2/Circ.25. These tables provide a list of liquid hazardous material and liquefied and compressed gases that are approved for international and domestic maritime transportation, and indicate how each substance is categorized by its pollution potential, safe carriage requirements, chemical flammability, combustibility, and compatibility with other substances. All of these changes are consistent with the Coast Guard's maritime safety and stewardship missions. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.

For the reasons discussed in the preamble, the Coast Guard is proposing to amend 46 CFR parts 30 and 150 as follows:

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

Authority: 46 U.S.C. 2103, 3306, 3703; DHS Delegation 00170.1, Revision No. 01.2, paragraph (II)(92)(a), 92(b).

2. In § 30.25-1, amend Table 30.25-1 as follows:

a. After the entry for “Alcohol (C9‐C11) poly(2.5‐9) ethoxylate”, add an entry for “Alcohol (C10‐C18) poly (7) ethoxylates”;

b. After the entry for “Alkylbenzene sulfonic (alternately sulphonic) acid (4% or less)”, add, in alphanumeric order, the entries, “Alkylbenzenes mixtures (containing naphthalene)” and “Alkyl/cyclo (C4‐C5) alcohols”;

c. After the entry for “ Alkyl phenol sulfide (alternately sulphide) (C8‐C40), see Alkyl (C8‐C40) phenol sulfide (alternately sulphide)”, add, in alphanumeric order, the entries, “Alkylphenols (C10‐C18, C12 rich)” and “Alkyl (C10‐C15, C12 rich) phenol poly (4‐12) ethoxylate”;

d. After the entry for “Cottonseed oil, fatty acid”, add an entry for “Cresol/Phenol/Xylenol mixture”;

e. After the entry for “Cyclohexane”, add an entry for “Cyclohexane-1, 2-dicarboxylic acid, diisononyl ester”;

f. After the entry for “Dodecene (all isomers)”, add an entry for “1-Dodecene”;

g. After the entry for “Dodecyl hydroxypropyl sulfide (alternately sulphide)”, add an entry for “n-Dodecyl mercaptan”;

h. After the entry for “Ethylene glycol phenyl ether/Diethylene glycol phenyl ether mixture”, add, in alphanumeric order, the entries, “Ethylene glycol (>75%)/Sodium alkyl carboxylates/borax mixture” and “Ethylene glycol (>85%)/Sodium alkyl carboxylates mixture”;

i. After the entry for “Gasoline (Natural gas condensate”, add an entry for “Glucitol/Glycerol blend ( printed page 57989) propoxylated (containing less than 10% amines)”;

j. Remove the entry for “Glucitol/glycerol blend propoxylated (containing 10% or more amines)” and, in its place, add an entry for “Glucitol/Glycerol blend propoxylated (containing 10% or more amines)”;

k. After the entry for “ Hexaethylene glycol, see Polyethylene glycol”, add an entry for “Hexahydro-1,3,5-trimethyl-1,3,5-triazine solution (45% or less)”;

l. After the entry for ” Long-chain alkylphenate/Phenol sulfide (alternately sulphide) mixture”, add, in alphanumeric order, the entries, “Long-chain alkylphenol (C14‐C18)” and “Long-chain alkylphenol (C18‐C30)”;

m. After the entry for “Naphthenic acid “, add an entry for “Naphthalene crude (molten)”;

n. After the entry for “ Octyl phthalate, see Dioctyl phthalate”, add, in alphanumeric order, the entries for “Offshore contaminated bulk liquid P”; and “Offshore contaminated bulk liquid S”;

o. Add an entry for “Oil, misc.:”, and, in alphanumeric order, add the subentries, “Used cooking oil” and “Used cooking oil (triglycerides, C16‐C18 and C18 unsaturated)”;

p. After the entry for “Polyolefin amide alkeneamine polyol”, add an entry for “Polyolefin amine (C17+)”;

q. After the entry for “Raisin seed oil”, add an entry for “Rapeseed acid oil”;

r. After the entry for “Rapeseed oil fatty acid methyl esters”, remove the entry for “Rape seed oil fatty acid methyl esters*”;

s. After the entry for “ Undecylbenzene, see Alkyl (C9+) benzenes”, add an entry for “Vegetable acid oils, n.o.s.” and a subentry for “Vegetable oil mixtures, containing less than 15% free fatty acid”; and

t. Under the entry for “Waxes”, add, in alphanumeric order, a subentry for “Hydrocarbon”.

The additions read as follows:

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

Authority: 46 U.S.C. 3306, 3703; DHS Delegation No. 00170.1; Revision No. 01.2, paragraph (II), 92(b).

4. Revise Table 1 to part 150 to read as follows:

5. Amend Table 2 to part 150 as follows:

a. Under Group 0, after the entry for “n-Octyl Mercaptan”, add, in alphanumeric order, the entries, “Offshore contaminated bulk liquid P” and “Offshore contaminated bulk liquid S”;

b. Under Group 4, after the entry for “Dimethyl octanoic acid”, add, in alphanumeric order, the entries, “Fish protein concentrate (containing 4% or less formic acid)” and “Fish silage protein concentrate (containing 4% or less formic acid)”;

c. Under Group 7, remove the entry for “Poly olefin amine”

d. Under Group 9, after the entry for “2-Ethyl-6-methyl-N-(1′-methyl-2-methoxyethyl)aniline”, add, in alphanumeric order, the entries, “1,3,5-Hexahydrotriethanol-1,3,5-triazine solution” and “Hexahydro-1,3,5-trimethyl-1,3,5-triazine solution (45% or less)”;

e. Under Group 20:

i. After the entry for “Alcohol (C6‐C17) (secondary) poly (3‐6) ethoxylates” add an entry for “Alcohol (C10‐C18) poly (7) ethoxylates”;

ii. After the entry for “Alcohols (C13+)”, add an entry for “Alkyl/cyclo (C4‐C5) alcohols”;

iii. After the entry for “Dodecyl alcohol (all isomers)”, add an entry for “n-Dodecyl mercaptan”; and

iv. After the entry for “Ethylene glycol.¹ ”, add, in alphanumeric order, the entries, “Ethylene glycol (>75%)/Sodium alkyl carboxylates/borax mixture” and “Ethylene glycol (>85%)/Sodium alkyl carboxylates mixture”;

f. Under Group 21:

i. After the entry “Alkylated (C4‐C9) hindered phenols”, add an entry for “Alkylphenols (C10‐C18, C12 rich)”;

ii. After the entry for “Cresols (all isomers)” add an entry for “Cresol/Phenol/Xylenol mixture”; and

iii. After the entry for “Long-chain alkylphenate/Phenol sulfide (alternately sulphide) mixture”, add, in alphanumeric order, the entries, “Long-chain alkylphenol (C14‐C18)” and “Long-chain alkylphenol (C18‐C30)”;

g. Under Group 30, after the entry for “Dodecene (all isomers)”, add an entry for “1-Dodecene”;

h. Under Group 31, after the entry for “Heptadecane (all isomers)”, add an entry for “Hydrocarbon wax”;

i. Under Group 32:

i. After the entry for “Alkyl (C5‐C8) benzenes”, add an entry for “Alkylbenzenes mixtures (containing naphthalene)”; and

ii. After the entry for “Hexylbenzenes”, add an entry for “Naphthalene crude (molten)”;

j. Under Group 34:

i. After the entry for “Cod liver oil”, add, in alphanumeric order, the entries, “Cyclohexane-1,2-dicarboxylic acid,diisononyl ester” and “2,6-Diaminohexanoic acid phosphonate mixed salts solution”;

ii. Under the entry, “Oil, misc.:”, add, in alphanumeric order, the subentries, “Used cooking oil” and “Used cooking oil (triglycerides, C16‐C18 and C18 unsaturated)”;

iii. After the entry for “Phosphate esters”, add an entry for “[[(Phosphonomethyl)imino]bis[ethylenenitrilobis(methylene)]]tetrakisphosphonic acid, ammonium salt solution (60% or less)”; and

iv. Under the entry for “Vegetable acid oils, n.o.s.”, add, in alphanumeric order, a subentry for “Vegetable oil mixtures, containing less than 15% free fatty acid (m)”;

k. Under Group 40:

i. After the entry for ”Alkyl (C9‐C15) phenyl propoxylate”, add an entry for “Alkyl (C10‐C15, C12 rich) phenol poly (4‐12)ethoxylate”;

ii. Remove the entry for “Diethylene glycol n-hexyl ethe” and add, in its place, an entry for “Diethylene glycol n-hexyl ether”;

iii. Remove the entry for “Glucitol/glycerol blend propoxylated (containing less than 10% amines)” and add, in its place, an entry for “Glucitol/Glycerol blend propoxylated (containing less than 10% amines)”; and

iv. After the entry for: “Glucitol/Glycerol blend propoxylated (containing less than 10% amines)”, add an entry for “Glucitol/Glycerol blend propoxylated (containing 10% or more amines)”;

l. Under Group 41, after the entry for “Alkaryl polyethers (C9‐C20)”, add an entry for “tert-Amyl ethyl ether”; and

m. Under Group 43:

i. After the entry for “Corn syrup”, add an entry for “Cyclohexane oxidation products, sodium salts solution”, and;

ii. Remove the entry for “N-Methylglucamine solution (70% or less)”.

The additions read as follows: ( printed page 58015)

6: Amend Appendix I to part 150 as follows:

a. In the table in paragraph (a):

i. In the “Member of reactive group” column, after the entry for “Caustic soda 50% or less (5)”, add an entry for “2,4, D Dimethyl amine salt (DMA 806) (0)”, and, to the “Compatible with” column, add the entries, in alphanumeric order, “Acetone (18)”, “Ethyl Acrylate (14)”, “Methyl Alcohol (20)”, and “Toluene (32)”;

ii. In the “Member of reactive group” column, remove the entry for “Dimethyl disulfide (alternately disulfide) (0)” and replace it with an entry for “Dimethyl disulfide (alternately disulphide) (0)”;

iii. In the “Member of reactive group” column, after the entry for “tert-Dodecanethiol (20)”, add the entry for “tert-Dodecanethiol (Sulfole 120) (0)”, and, in the “Compatible with” column, add the entries, in alphanumeric order, “Acetone (18)”, “Ethyl Acrylate (14)”, “Methyl Alcohol (20)”, “Polymeric methylene diphenyl diisocyanate (Papi 27) (12)”, and “Toluene (32)”;

iv. In the “Member of reactive group” column, after the new entry for “tert-Dodecanethiol (Sulfole 120) (0)”, add an entry for “tert-Dodecanethiol (0)”, and, in the “Compatible with” column, add the entries, in alphanumeric order, “All ( printed page 58017) Chemicals in Group 33” and “Acetone (18)”;

v. In the “Member of reactive group” column, after the new entry for “tert-Dodecanethiol (0)”, add an entry for “n-Dodecyl mercaptan (0)”, and, in the “Compatible with” column, add an entry, in alphanumeric order, for “All chemicals in Group 33”;

vi. In the “Member of reactive group” column, after the entry for “Ethylenediamine (7)”, add an entry for “Hexamethylenediamine (7)”, and, in the “Compatible with” column, add, in alphanumeric order, an entry for “Ethyl Alcohol (Ethanol) (20)”;

vii. In the “Member of reactive group” column, after the new entry for “Hexamethylenediamine (7)”, add an entry for “Hexamethylenediamine (molten) (HMD 98%, molten) (7)”, and in the “Compatible with” column add the entries, in alphanumeric order, “N-Butyl Alcohol (20)”, “Isobutyl Alcohol (20)”, and “Isopropyl Alcohol (20)”;

viii. In the “Member of reactive group” column, after the new entry for “Hexamethylenediamine (molten) (HMD 98%, molten) (7)”, add an entry for “Hexamethylenediamine solution (7)”, and, in the “Compatible with” column, add an entry for “CepSinol^TM 1216 (Alcohols (C12+), primary, linear) (20)”;

ix. In the “Member of reactive group” column, after the new entry for “Hexamethylenediamine solution (7)”, add an entry for “Hexamethylenediamine solution (HMD 90%) (7)”, and, in the “Compatible with” column, add, in alphanumeric order, the entries, “N-Butyl Alcohol (20)”, “Isobutyl Alcohol (20)”, and “Isopropyl Alcohol (20)”;

x. In the “Member of reactive group” column, after the entry for “Oleum (0)”, add an entry for “Phenol (90% hydrated) (21)”, and, in the “Compatible with” column, add an entry for “Toluene diisocyante (12)”;

xi. In the “Member of reactive group” column, after the entry for “Sodium dichromate solution (70% or less) (0)”, add an entry for “Sodium Hydrosulfide (alternatively Hydrosulphide) Solution (5)”, and, in the “Compatible with” column, add an entry for “Ethyl Alcohol (Ethanol) (20)”;

xii. In the “Member of reactive group” column, after the entry for “Sodium Methylate 21-30% in methanol (0)”, add an entry for “Sodium Methylate, 30% solution in Methanol (0)”, and, in the “Compatible with” column, add, in alphanumeric order, the following entries:

A. n-Butyl Alcohol (20);

B. Decene (30);

C. Decyl Alcohol (20);

D. Dialkyl (C9‐C10) phthalates (34);

E. Dichloromethane (36);

F. Ethanolamine (8) (including Monoethanolamine);

G. Hexene (all isomers) (30);

H. Methyl Isobutyl Ketone (18);

I. Olefin mixtures (C5‐C15) (30);

J. Olefins (C13+ all isomers) (30);

K. Phenol (21);

L. n-Propyl Alcohol (20);

M. Propylheptanol (20);

N. C9-Resinfeed (32);

O. Sodium Borohydride (15% or less)/Sodium hydroxide solution (5);

P. Solvent Naphtha (33);

Q. Styrene Monomer (30);

R. Toluene (32); and

S. Xylenes (Incl. m-Xylene) (32); and

xiii. In the “Member of reactive group” column, after the entry for “Sulfuric (alternatively Sulphuric) acid, 98% or less(2)”, add the entry for “Sulfuric (alternatively Sulphuric) Acid (95-98%) (2)”, and, in the the “Compatible with” column, add the entries, “Methyl Ester Fatty Acid (34)” and “Soybean Oil (34)”.

b. Amend paragraph (b) by adding, in alphabetical order, an entry for “Tolune diisocyanate (TDI) (12)”.

The additions read as follows:

Appendix I to Part 150—Exceptions to the Chart

(a) * * *

(b) * * *

Tolune diisocyanate (TDI) (12) is not compatible with Alkylbenzene sulphonic acid, sodium salt solution (Group 33), Calcium nitrate solutions (50% or less) (Group 34), Calcium nitrate/Magnesium nitrate/Potassium chloride solution (Group 34), Formaldehyde solutions (45% or less) (Group 19), Glutaraldehyde solutions (50% or less) (Group 19), Lactonitrile solution (80% or less) (Group 37), Nitrilotriacetic acid, trisodium salt solution (Group 34), Sodium acetate solutions (Group 34), Sodium sulphate solutions (Group 34), Polyferric sulphate solution (Group 34).