[Federal Register: June 26, 2009 (Volume 74, Number 122)]
[Notices]
[Page 30612-30615]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jn09-124]
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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.
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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
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Section Heading Content
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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.
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\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