Material Safety Data Sheet Requirement in the International Convention for the Safety of Life at Sea, 30612-30615 [E9-15337]

Download as PDF 30612 Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Notices basis of honorable service in the U.S. armed forces. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: 45,000 responses at 20 minutes (.333) per response. (6) An estimate of the total public burden (in hours) associated with the collection: 14,985 annual burden hours. If you need a copy of the information collection instrument, please visit the Web site at: http://www.regulations.gov/. We may also be contacted at: USCIS, Regulatory Products Division, 111 Massachusetts Avenue, NW., Washington, DC 20529–2210, Telephone number 202–272–8377. Dated: June 23, 2009. Stephen Tarragon, Deputy Chief, Regulatory Products Division, U.S. Citizenship and Immigration Services. [FR Doc. E9–15083 Filed 6–25–09; 8:45 am] BILLING CODE 9111–97–P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: Form I–824, Extension of an Existing Information Collection; Comment Request 30-Day Notice of Information Collection Under Review: Form I–824, Application for Action on an Approved Application or Petition; OMB Control No. 1615–0044. ACTION: The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) has submitted the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the Federal Register on April 22, 2009, at 74 FR 18390, allowing for a 60-day public comment period. USCIS did not receive any comments. The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until July 27, 2009. This process is conducted in accordance with 5 CFR 1320.10. Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the VerDate Nov<24>2008 16:39 Jun 25, 2009 Jkt 217001 Department of Homeland Security (DHS), and to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Products Division, Clearance Office, 111 Massachusetts Avenue, NW., Washington, DC 20529–2210. Comments may also be submitted to DHS via facsimile to 202–272–8352 or via e-mail at rfs.regs@dhs.gov, and to the OMB USCIS Desk Officer via facsimile at 202–395–5806 or via e-mail at oira_submission@omb.eop.gov. When submitting comments by email, please make sure to add OMB Control No. 1615–0044 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points: (1) Evaluate whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden of the collection of information, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection (1) Type of Information Collection: Extension of an existing information collection. (2) Title of the Form/Collection: Application for Action on an Approved Application or Petition. (3) Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection: Form I–824, U.S. Citizenship and Immigration Services. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individual or households. This information collection is used to request a duplicate approval notice, to notify and to verify to the U.S. Consulate that a petition has been approved or that a person has been adjusted to permanent resident status. PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: 43,772 responses at 25 minutes (.416 hours) per response. (6) An estimate of the total public burden (in hours) associated with the collection: 18,209 annual burden hours. If you need a copy of the information collection instrument, please visit the Web site at: http://www.regulations.gov/. We may also be contacted at: USCIS, Regulatory Products Division, 111 Massachusetts Avenue, NW., Washington, DC 20529–2210, Telephone number 202–272–8377. Dated: June 23, 2009. Stephen Tarragon, Deputy Chief, Regulatory Products Division, U.S. Citizenship and Immigration Services. [FR Doc. E9–15082 Filed 6–25–09; 8:45 am] BILLING CODE 9111–97–P DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG–2009–0553] Material Safety Data Sheet Requirement in the International Convention for the Safety of Life at Sea Coast Guard, DHS. Notice of effective date. AGENCY: ACTION: SUMMARY: In the interest of providing seafarers with clear, concise, and accurate information on the health effects of certain toxic substances, the International Maritime Organization (IMO) recently amended the International Convention for the Safety of Life at Sea (SOLAS), 1974, to require Material Safety Data Sheets (MSDSs) for ships carrying oil or oil fuel as defined in regulation 1 of Annex I of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL). Once accepted by member States in accordance with Article VIII of SOLAS, and effective January 1, 2011, SOLAS will require that each ship subject to SOLAS and carrying oil or oil fuel as defined in MARPOL must be provided with MSDSs prior to loading such oil as cargo in bulk or oil fuel. Additionally, the IMO has recommended a format and content for the MSDSs, and that recommendation becomes effective July 1, 2009; the Coast Guard encourages this recommended format, which is set out below. DATES: If accepted in accordance with the Convention, the SOLAS requirement E:\FR\FM\26JNN1.SGM 26JNN1 Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Notices that vessels be provided with MSDSs will become effective on January 1, 2011. The recommended IMO content and format for MSDS was approved effective July 1, 2009. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, call or e-mail Dr. Alan L. Schneider, CG– 5223, Coast Guard, telephone 202–372– 1421, e-mail alan.l.schneider@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: IMO Requirement That MSDSs Be Provided In October of 2007, IMO adopted amendments to SOLAS chapter VI, inserting a new regulation 5–1 to read as follows: Ships carrying oil or oil fuel, as defined in regulation 1 of Annex 1 of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, shall be provided with Material Safety Data Sheets, based on the recommendations developed by the Organization,* prior to the loading of such oil as cargo in bulk or bunkering of oil fuel. * Refer to the Recommendation for material safety data sheets (MSDS) for MARPOL Annex I cargoes and marine fuel oils, adopted by the Organization by resolution MSC.150(77), as may be amended. The term ‘‘Annex I cargoes’’ refers to those oil cargoes included in Annex I (oils and oil products) of MARPOL; the term does not refer to chemicals. The 2007 amendment created an anomaly in the application of SOLAS requirements. In June 2009, IMO amended regulation 1 of SOLAS Chapter VI to add the following to the first sentence, ‘‘Except as otherwise provided, t’’ and struck the ‘‘T’’, so that the text reads, ‘‘Except as otherwise provided, this * * * .’’ Additionally, regulation 5–1, as amended, continues to read as set forth above. The effect of this action is to harmonize Regulation 1 with the amended Regulation 5–1. The effective date of both regulations is January 1, 2011. When accepted in accordance with the Convention Article VIII, the amendments to SOLAS chapter VI will enter into force on January 1, 2011. Accordingly, beginning January 1, 2011, State parties to SOLAS can be expected to verify that ships subject to SOLAS have been provided with MSDSs, as required. After that date, all U.S. flagged SOLAS vessels traveling overseas should expect foreign Administrations to ask for MSDSs for each Annex I cargo and marine oil fuel on board. Also, after January 1, 2011, all U.S. and foreign flagged SOLAS vessels in U.S. ports should anticipate that the Coast Guard will ask for MSDSs, as part of its domestic and foreign vessel compliance activities and in fulfillment of the United States’ duties as a party to the SOLAS convention. Because the IMO only recently adopted the recommended format and content for MSDSs, the Coast Guard will provide a future notice containing detailed enforcement guidance, including MSDS guidance for vessels involved in lightering operations. For now, the Coast Guard recommends that MSDSs provided to a ship follow the recommended IMO content and format contained below. The Coast Guard anticipates that these MSDSs will be provided by the oil terminal or bunker 30613 supplier, unless otherwise arranged by the cargo/bunker supplier and the ship interests. It is further expected that shipboard personnel will have access to these MSDSs in a working language or languages understood by them. Additionally, occupational exposure limits referenced in an MSDS should be based on internationally recognized standards. Although the SOLAS requirements for MSDSs do not apply to vessels not subject to SOLAS, such as unmanned inland barges, other regulations, such as 46 CFR 197.565, may require MSDSs to be on board. In most cases, as a matter of good safety practice, vessels will already have MSDSs for all cargoes and these MSDSs usually will contain the recommended information. An MSDS may contain more information than the IMO recommends. In some cases, certain recommended data may not apply to the bulk liquid in question (data not applicable should be so noted); however, since some IMO member States may require all of the recommended information, it may be a good idea to include all recommended data. Coast Guard Recommendation as to Layout and Content of MSDSs Effective July 1, 2009, the IMO adopted the ‘‘Recommendation for Material Safety Data Sheets for MARPOL Annex I Cargoes and Marine Fuel Oils.’’ The Coast Guard supports and encourages this recommendation in its entirety. Accordingly, the Coast Guard encourages industry to apply the following recommendations for the layout and content of an MSDS. RECOMMENDATIONS FOR MATERIAL SAFETY DATA SHEETS (MSDSS) FOR MARINE USE SUITABLE TO MEET THE PARTICULAR NEEDS OF THE MARINE INDUSTRY CONTAINING SAFETY, HANDLING, AND ENVIRONMENTAL INFORMATION TO BE SUPPLIED TO A SHIP PRIOR TO THE LOADING OF MARPOL ANNEX I TYPE OIL AS CARGO IN BULK AND THE BUNKERING OF OIL FUEL Section Heading Content 1 ............. Identification of the substance or mixture and of the supplier. 2 ............. Hazards identification .................................. 3 ............. Composition/information on ingredients ...... Name of the category—see Guidelines following this table for MARPOL Annex I type oil cargoes and oil fuels. The name of the substances. Trade name of the substances. Description on Bill of Lading (B/L), Bunker Delivery Note or other shipping document. Other means of identification. Supplier’s details (including name, address, telephone number, etc.). Emergency telephone number. GHS 1 classification of the substance/mixture and any regional information. Other hazards which do not result in classification (e.g., hydrogen sulfide) or are not covered by the GHS. See Guidelines following this table. Common name, synonyms, etc. Impurities and stabilizing additives which are themselves classified and which contribute to the classification of the substances. The chemical identity and concentration or concentration ranges of all ingredients which are hazardous within the meaning of GHS and are present above their cut-off levels. Cut-off level for reproductive toxicity, carcinogenicity and category 1 mutagenicity is 0.1%. Cut-off level for all other hazard classes is 1%. See Guidelines following this table. VerDate Nov<24>2008 16:39 Jun 25, 2009 Jkt 217001 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\26JNN1.SGM 26JNN1 30614 Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Notices RECOMMENDATIONS FOR MATERIAL SAFETY DATA SHEETS (MSDSS) FOR MARINE USE SUITABLE TO MEET THE PARTICULAR NEEDS OF THE MARINE INDUSTRY CONTAINING SAFETY, HANDLING, AND ENVIRONMENTAL INFORMATION TO BE SUPPLIED TO A SHIP PRIOR TO THE LOADING OF MARPOL ANNEX I TYPE OIL AS CARGO IN BULK AND THE BUNKERING OF OIL FUEL—Continued Section Heading Content 4 ............. First aid measures ....................................... 5 ............. Fire-fighting measures ................................. 6 ............. Accidental release measures ...................... 7 ............. Handling and storage .................................. 8 ............. Exposure controls/personal protection ........ 9 ............. 10 ........... Physical and chemical properties ............... Stability and reactivity ................................. 11 ........... Toxicological information ............................. 12 ........... Ecological information ................................. 13 ........... Disposal considerations .............................. 14 ........... Transport information .................................. 15 ........... 16 ........... Regulatory information ................................ Other information including information on preparation and revision of the MSDS. Description of necessary measures, subdivided according to the different routes of exposure, i.e., inhalation, skin and eye contact and ingestion. Most important symptoms/effects, acute and delayed. Indication of immediate medical attention and special treatment, if necessary. Suitable extinguishing media. Specific hazards arising from the chemical (e.g., nature of any hazardous combustion products). Special protective equipment and precautions for fire-fighters. Personal precautions, protective equipment and emergency procedures. Environmental precautions. Methods and materials for containment and clean-up. Precautions for safe handling. Conditions for safe storage, including any incompatibilities. Control parameters (e.g., occupational exposure limit values). Appropriate technical precautions. Individual protection measures, such as personal protective equipment. See Guidelines following this table. Chemical stability. Possibility of hazardous reactions. Conditions to avoid (e.g., static discharge). Concise but complete and comprehensible description of the various toxicological (health) effects and the available data used to identify those effects, including: Information on the likely routes of exposure (inhalation, ingestion, skin and eye contact); Symptoms related to the physical, chemical and toxicological characteristics; Delayed and immediate effects and also chronic effects from short- and long-term exposure. Numerical measures of toxicity (such as acute toxicity estimates). See Guidelines following this table. Ecotoxicity (aquatic and terrestrial, where available). Persistence and degradability. Bioaccumulation potential. Mobility in soil. Other adverse effects. See Guidelines following this table. Description of waste residues and information on their safe handling and methods of disposal, in line with MARPOL requirements. UN number, where applicable. UN Proper shipping name, where applicable. Transport Hazard class(es), where applicable. Special precautions which a user needs to be aware of or needs to comply with in connection with transport (e.g., heating and carriage temperatures). Note that this product is being carried under the scope of MARPOL Annex I. Safety, health and environmental regulations specific for the product in question. Version No. Date of issue. Issuing source. 1 Globally Harmonized System of Classification and Labelling of Chemicals (GHS), United Nations (2007 edition, as revised). Guidelines for the Completion of MSDSs for MARPOL Annex I Type Oil as Cargo in Bulk and Oil Fuel 1. Categories of Liquids The following categories subdivide the full scope of substances covered by Annex I of MARPOL 73/78 and set in groups specific products for general identification purposes. 1.1 crude oils; 1.2 fuel and residual oils, including ship’s bunkers; 1.3 unfinished distillates, hydraulic oils and lubricating oils; 1.4 gas oils, including ship’s bunkers; VerDate Nov<24>2008 16:39 Jun 25, 2009 Jkt 217001 1.5 1.6 1.7 1.8 1.9 kerosenes; naphthas and condensates; gasoline blending stocks; gasoline and spirits; and asphalt solutions. 2. Properties and Information In addition to properties and information specified in the above table containing the recommended MSDS format, the following properties and information should be reported: 2.1 for the following provide appropriate hazards identification in section 2, composition/information on ingredients in section 3, and PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 toxicological information in section 11 of the MSDS: 2.1.1 Benzene—if present ≥0.1% by weight (even if naturally occurring ingredient of the material); 2.1.2 Hydrogen sulfide—if present at any concentration, in liquid and vapor phases, or if possible to accumulate in a tank’s vapor space; and 2.1.3 Total Sulfur—if present ≥0.5% by weight, identify in section 3 and warn of potential for hydrogen sulfide evolution in sections 2 and 11; 2.2 for physical and chemical properties in section 9 of the MSDS: E:\FR\FM\26JNN1.SGM 26JNN1 Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Notices 2.2.1 appearance (physical state, color, etc.); 2.2.2 odor; 2.2.3 pour point; 2.2.4 boiling range; 2.2.5 flash point; 2.2.6 upper/lower flammability or explosive limits; 2.2.7 vapor pressure (Reid vapor pressure (RVP) when appropriate); 2.2.8 vapor density; 2.2.9 density; 2.2.10 auto-ignition temperature; and 2.2.11 kinematic viscosity; and 2.3 for ecological information in section 12 of the MSDS: Persistent or non-persistent oil as per the International Oil Pollution Compensation (IOPC) Fund definition. This notice is issued under the authority of 33 U.S.C. 1231, 1321(j), and 1903(b). Dated: June 24, 2009. Jeffrey G. Lantz, Director of Commercial Regulations and Standards, U.S. Coast Guard. [FR Doc. E9–15337 Filed 6–24–09; 4:15 pm] BILLING CODE 4910–15–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5280–N–24] Federal Property Suitable as Facilities To Assist the Homeless AGENCY: Office of the Assistant Secretary for Community Planning and Development, HUD. ACTION: Notice. SUMMARY: This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless. DATES: Effective Date: June 26, 2009. FOR FURTHER INFORMATION CONTACT: Kathy Ezzell, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 20410; telephone (202) 708–1234; TTY number for the hearing- and speech-impaired (202) 708–2565, (these telephone numbers are not toll-free), or call the toll-free Title V information line at 800–927–7588. SUPPLEMENTARY INFORMATION: In accordance with the December 12, 1988 court order in National Coalition for the Homeless v. Veterans Administration, No. 88–2503–OG (D.D.C.), HUD publishes a Notice, on a weekly basis, identifying unutilized, underutilized, excess and surplus Federal buildings VerDate Nov<24>2008 16:39 Jun 25, 2009 Jkt 217001 and real property that HUD has reviewed for suitability for use to assist the homeless. Today’s Notice is for the purpose of announcing that no additional properties have been determined suitable or unsuitable this week. Dated: June 18, 2009. Mark R. Johnston, Deputy Assistant Secretary for Special Needs. [FR Doc. E9–14739 Filed 6–25–09; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5336–N–01] Conference Call Meeting of the Manufactured Housing Consensus Committee AGENCY: Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Notice of upcoming meetings via conference call. SUMMARY: This notice sets forth the schedule and proposed agenda of the upcoming meetings of the Manufactured Housing Consensus Committee (the Committee) to be held via telephone conference. The meetings are open to the general public, which may participate by following the instructions below. DATES: The conference call meetings will be held on Wednesday, July 8, 2009, from 11 a.m. to 2 p.m. eastern daylight time, and Thursday, July 9, 2009, from 11 a.m. to 2 p.m. eastern daylight time. ADDRESSES: Information concerning the conference calls can be obtained from the Department’s Consensus Committee Administering Organization, the National Fire Protection Association (NFPA). Interested parties can link onto the NFPA Web site for instructions concerning how to participate, and for contact information for the conference calls, in the section marked ‘‘Highlights’’ ‘‘Manufactured Housing Consensus Committee Information’’ ‘‘Administering Organization’’. The link can be found at: http://www.hud.gov/ offices/hsg/ramh/mhs/mhcc.cfm. Alternately, interested parties may contact Jill McGovern of NFPA at (617) 984–7404 (this is not a toll-free number) for conference call information. FOR FURTHER INFORMATION CONTACT: William W. Matchneer III, Associate Deputy Assistant Secretary, Office of Regulatory Affairs and Manufactured Housing, Department of Housing and Urban Development, 451 7th Street, PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 30615 SW., Washington, DC 20410, telephone (202) 708–6409 (this is not a toll-free number). Persons who have difficulty hearing or speaking may access this number via TTY by calling the toll-free Federal Information Relay Service at (800) 877–8339. SUPPLEMENTARY INFORMATION: Notice of these meetings is provided in accordance with Sections 10(a) and (b) of the Federal Advisory Committee Act (5 U.S.C. App. 2) and 41 CFR 102–3.150. The Manufactured Housing Consensus Committee was established under Section 604(a)(3) of the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, 42 U.S.C. 5403(a)(3). The Committee is charged with providing recommendations to the Secretary to adopt, revise, and interpret manufactured home construction and safety standards and procedural and enforcement regulations, and with developing and recommending proposed model installation standards to the Secretary. The purpose of these conference call meetings is for the Committee to review and provide comments to the Secretary on a draft proposed rule concerning the Primary Inspection Agencies. Tentative Agenda A. Roll Call. B. Welcome and Opening remarks. C. Public testimony. D. Full committee meeting to discuss, provide comments and take actions on the Primary Inspection Agency Draft Proposed Rule. E. Adjournment. Dated: June 18, 2009. Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner. [FR Doc. E9–15175 Filed 6–25–09; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5336–N–02] Meeting of the Manufactured Housing Consensus Committee AGENCY: Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Notice of upcoming meeting. SUMMARY: This notice sets forth the schedule and proposed agenda of an upcoming meeting of the Manufactured Housing Consensus Committee (the Committee). The meeting is open to the public and the site is accessible to individuals with disabilities. E:\FR\FM\26JNN1.SGM 26JNN1

Agencies

[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Notices]
[Pages 30612-30615]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15337]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2009-0553]


Material Safety Data Sheet Requirement in the International 
Convention for the Safety of Life at Sea

AGENCY: Coast Guard, DHS.

ACTION: Notice of effective date.

-----------------------------------------------------------------------

SUMMARY: In the interest of providing seafarers with clear, concise, 
and accurate information on the health effects of certain toxic 
substances, the International Maritime Organization (IMO) recently 
amended the International Convention for the Safety of Life at Sea 
(SOLAS), 1974, to require Material Safety Data Sheets (MSDSs) for ships 
carrying oil or oil fuel as defined in regulation 1 of Annex I of the 
International Convention for the Prevention of Pollution from Ships, 
1973, as modified by the Protocol of 1978 relating thereto (MARPOL). 
Once accepted by member States in accordance with Article VIII of 
SOLAS, and effective January 1, 2011, SOLAS will require that each ship 
subject to SOLAS and carrying oil or oil fuel as defined in MARPOL must 
be provided with MSDSs prior to loading such oil as cargo in bulk or 
oil fuel. Additionally, the IMO has recommended a format and content 
for the MSDSs, and that recommendation becomes effective July 1, 2009; 
the Coast Guard encourages this recommended format, which is set out 
below.

DATES: If accepted in accordance with the Convention, the SOLAS 
requirement

[[Page 30613]]

that vessels be provided with MSDSs will become effective on January 1, 
2011. The recommended IMO content and format for MSDS was approved 
effective July 1, 2009.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or e-mail Dr. Alan L. Schneider, CG-5223, Coast Guard, telephone 
202-372-1421, e-mail alan.l.schneider@uscg.mil. If you have questions 
on viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

IMO Requirement That MSDSs Be Provided

    In October of 2007, IMO adopted amendments to SOLAS chapter VI, 
inserting a new regulation 5-1 to read as follows:

    Ships carrying oil or oil fuel, as defined in regulation 1 of 
Annex 1 of the International Convention for the Prevention of 
Pollution from Ships, 1973, as modified by the Protocol of 1978 
relating thereto, shall be provided with Material Safety Data 
Sheets, based on the recommendations developed by the Organization,* 
prior to the loading of such oil as cargo in bulk or bunkering of 
oil fuel.
    * Refer to the Recommendation for material safety data sheets 
(MSDS) for MARPOL Annex I cargoes and marine fuel oils, adopted by 
the Organization by resolution MSC.150(77), as may be amended.

The term ``Annex I cargoes'' refers to those oil cargoes included in 
Annex I (oils and oil products) of MARPOL; the term does not refer to 
chemicals.
    The 2007 amendment created an anomaly in the application of SOLAS 
requirements. In June 2009, IMO amended regulation 1 of SOLAS Chapter 
VI to add the following to the first sentence, ``Except as otherwise 
provided, t'' and struck the ``T'', so that the text reads, ``Except as 
otherwise provided, this * * * .'' Additionally, regulation 5-1, as 
amended, continues to read as set forth above. The effect of this 
action is to harmonize Regulation 1 with the amended Regulation 5-1. 
The effective date of both regulations is January 1, 2011.
    When accepted in accordance with the Convention Article VIII, the 
amendments to SOLAS chapter VI will enter into force on January 1, 
2011. Accordingly, beginning January 1, 2011, State parties to SOLAS 
can be expected to verify that ships subject to SOLAS have been 
provided with MSDSs, as required. After that date, all U.S. flagged 
SOLAS vessels traveling overseas should expect foreign Administrations 
to ask for MSDSs for each Annex I cargo and marine oil fuel on board. 
Also, after January 1, 2011, all U.S. and foreign flagged SOLAS vessels 
in U.S. ports should anticipate that the Coast Guard will ask for 
MSDSs, as part of its domestic and foreign vessel compliance activities 
and in fulfillment of the United States' duties as a party to the SOLAS 
convention.
    Because the IMO only recently adopted the recommended format and 
content for MSDSs, the Coast Guard will provide a future notice 
containing detailed enforcement guidance, including MSDS guidance for 
vessels involved in lightering operations. For now, the Coast Guard 
recommends that MSDSs provided to a ship follow the recommended IMO 
content and format contained below. The Coast Guard anticipates that 
these MSDSs will be provided by the oil terminal or bunker supplier, 
unless otherwise arranged by the cargo/bunker supplier and the ship 
interests. It is further expected that ship-board personnel will have 
access to these MSDSs in a working language or languages understood by 
them. Additionally, occupational exposure limits referenced in an MSDS 
should be based on internationally recognized standards.
    Although the SOLAS requirements for MSDSs do not apply to vessels 
not subject to SOLAS, such as unmanned inland barges, other 
regulations, such as 46 CFR 197.565, may require MSDSs to be on board.
    In most cases, as a matter of good safety practice, vessels will 
already have MSDSs for all cargoes and these MSDSs usually will contain 
the recommended information. An MSDS may contain more information than 
the IMO recommends. In some cases, certain recommended data may not 
apply to the bulk liquid in question (data not applicable should be so 
noted); however, since some IMO member States may require all of the 
recommended information, it may be a good idea to include all 
recommended data.

Coast Guard Recommendation as to Layout and Content of MSDSs

    Effective July 1, 2009, the IMO adopted the ``Recommendation for 
Material Safety Data Sheets for MARPOL Annex I Cargoes and Marine Fuel 
Oils.'' The Coast Guard supports and encourages this recommendation in 
its entirety. Accordingly, the Coast Guard encourages industry to apply 
the following recommendations for the layout and content of an MSDS.

 Recommendations for Material Safety Data Sheets (MSDSs) for Marine Use Suitable To Meet the Particular Needs of
the Marine Industry Containing Safety, Handling, and Environmental Information To Be Supplied to a Ship Prior to
              the Loading of MARPOL Annex I Type Oil as Cargo in Bulk and the Bunkering of Oil Fuel
----------------------------------------------------------------------------------------------------------------
         Section                       Heading                                     Content
----------------------------------------------------------------------------------------------------------------
1.......................  Identification of the substance   Name of the category--see Guidelines following this
                           or mixture and of the supplier.   table for MARPOL Annex I type oil cargoes and oil
                                                             fuels.
                                                            The name of the substances. Trade name of the
                                                             substances.
                                                            Description on Bill of Lading (B/L), Bunker Delivery
                                                             Note or other shipping document.
                                                            Other means of identification.
                                                            Supplier's details (including name, address,
                                                             telephone number, etc.).
                                                            Emergency telephone number.
2.......................  Hazards identification..........  GHS \1\ classification of the substance/mixture and
                                                             any regional information.
                                                            Other hazards which do not result in classification
                                                             (e.g., hydrogen sulfide) or are not covered by the
                                                             GHS.
                                                            See Guidelines following this table.
3.......................  Composition/information on        Common name, synonyms, etc. Impurities and
                           ingredients.                      stabilizing additives which are themselves
                                                             classified and which contribute to the
                                                             classification of the substances.
                                                            The chemical identity and concentration or
                                                             concentration ranges of all ingredients which are
                                                             hazardous within the meaning of GHS and are present
                                                             above their cut-off levels. Cut-off level for
                                                             reproductive toxicity, carcinogenicity and category
                                                             1 mutagenicity is 0.1%. Cut-off level for all other
                                                             hazard classes is 1%.
                                                            See Guidelines following this table.

[[Page 30614]]

 
4.......................  First aid measures..............  Description of necessary measures, subdivided
                                                             according to the different routes of exposure,
                                                             i.e., inhalation, skin and eye contact and
                                                             ingestion.
                                                            Most important symptoms/effects, acute and delayed.
                                                            Indication of immediate medical attention and
                                                             special treatment, if necessary.
5.......................  Fire-fighting measures..........  Suitable extinguishing media.
                                                            Specific hazards arising from the chemical (e.g.,
                                                             nature of any hazardous combustion products).
                                                            Special protective equipment and precautions for
                                                             fire-fighters.
6.......................  Accidental release measures.....  Personal precautions, protective equipment and
                                                             emergency procedures.
                                                            Environmental precautions.
                                                            Methods and materials for containment and clean-up.
7.......................  Handling and storage............  Precautions for safe handling.
                                                            Conditions for safe storage, including any
                                                             incompatibilities.
8.......................  Exposure controls/personal        Control parameters (e.g., occupational exposure
                           protection.                       limit values).
                                                            Appropriate technical precautions.
                                                            Individual protection measures, such as personal
                                                             protective equipment.
9.......................  Physical and chemical properties  See Guidelines following this table.
10......................  Stability and reactivity........  Chemical stability. Possibility of hazardous
                                                             reactions.
                                                            Conditions to avoid (e.g., static discharge).
11......................  Toxicological information.......  Concise but complete and comprehensible description
                                                             of the various toxicological (health) effects and
                                                             the available data used to identify those effects,
                                                             including:
                                                              Information on the likely routes of exposure
                                                            (inhalation, ingestion, skin and eye contact);
                                                              Symptoms related to the physical, chemical and
                                                            toxicological characteristics;
                                                              Delayed and immediate effects and also chronic
                                                            effects from short- and long-term exposure.
                                                            Numerical measures of toxicity (such as acute
                                                             toxicity estimates).
                                                            See Guidelines following this table.
12......................  Ecological information..........  Ecotoxicity (aquatic and terrestrial, where
                                                             available).
                                                            Persistence and degradability.
                                                            Bioaccumulation potential.
                                                            Mobility in soil.
                                                            Other adverse effects.
                                                            See Guidelines following this table.
13......................  Disposal considerations.........  Description of waste residues and information on
                                                             their safe handling and methods of disposal, in
                                                             line with MARPOL requirements.
14......................  Transport information...........  UN number, where applicable.
                                                            UN Proper shipping name, where applicable.
                                                            Transport Hazard class(es), where applicable.
                                                            Special precautions which a user needs to be aware
                                                             of or needs to comply with in connection with
                                                             transport (e.g., heating and carriage
                                                             temperatures).
                                                            Note that this product is being carried under the
                                                             scope of MARPOL Annex I.
15......................  Regulatory information..........  Safety, health and environmental regulations
                                                             specific for the product in question.
16......................  Other information including       Version No.
                           information on preparation and   Date of issue.
                           revision of the MSDS.            Issuing source.
----------------------------------------------------------------------------------------------------------------
\1\ Globally Harmonized System of Classification and Labelling of Chemicals (GHS), United Nations (2007 edition,
  as revised).

Guidelines for the Completion of MSDSs for MARPOL Annex I Type Oil as 
Cargo in Bulk and Oil Fuel

1. Categories of Liquids

    The following categories subdivide the full scope of substances 
covered by Annex I of MARPOL 73/78 and set in groups specific products 
for general identification purposes.

1.1 crude oils;
1.2 fuel and residual oils, including ship's bunkers;
1.3 unfinished distillates, hydraulic oils and lubricating oils;
1.4 gas oils, including ship's bunkers;
1.5 kerosenes;
1.6 naphthas and condensates;
1.7 gasoline blending stocks;
1.8 gasoline and spirits; and
1.9 asphalt solutions.

2. Properties and Information

    In addition to properties and information specified in the above 
table containing the recommended MSDS format, the following properties 
and information should be reported:

2.1 for the following provide appropriate hazards identification in 
section 2, composition/information on ingredients in section 3, and 
toxicological information in section 11 of the MSDS:
2.1.1 Benzene--if present >=0.1% by weight (even if naturally occurring 
ingredient of the material);
2.1.2 Hydrogen sulfide--if present at any concentration, in liquid and 
vapor phases, or if possible to accumulate in a tank's vapor space; and
2.1.3 Total Sulfur--if present >=0.5% by weight, identify in section 3 
and warn of potential for hydrogen sulfide evolution in sections 2 and 
11;
2.2 for physical and chemical properties in section 9 of the MSDS:

[[Page 30615]]

2.2.1 appearance (physical state, color, etc.);
2.2.2 odor;
2.2.3 pour point;
2.2.4 boiling range;
2.2.5 flash point;
2.2.6 upper/lower flammability or explosive limits;
2.2.7 vapor pressure (Reid vapor pressure (RVP) when appropriate);
2.2.8 vapor density;
2.2.9 density;
2.2.10 auto-ignition temperature; and
2.2.11 kinematic viscosity; and
2.3 for ecological information in section 12 of the MSDS: Persistent or 
non-persistent oil as per the International Oil Pollution Compensation 
(IOPC) Fund definition.

    This notice is issued under the authority of 33 U.S.C. 1231, 
1321(j), and 1903(b).

    Dated: June 24, 2009.
Jeffrey G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. E9-15337 Filed 6-24-09; 4:15 pm]
BILLING CODE 4910-15-P