Mobile Offshore Drilling Unit (MODU) Electrical Equipment Certification Guidance, 71607-71608 [2012-29138]

Download as PDF Federal Register / Vol. 77, No. 232 / Monday, December 3, 2012 / Notices South Bend Medical Foundation, Inc., 530 N. Lafayette Blvd., South Bend, IN 46601, 574–234–4176 x1276. Southwest Laboratories, 4625 E. Cotton Center Boulevard, Suite 177, Phoenix, AZ 85040, 602–438–8507/800–279– 0027. STERLING Reference Laboratories, 2617 East L Street, Tacoma, Washington 98421, 800–442–0438. Toxicology & Drug Monitoring Laboratory, University of Missouri Hospital & Clinics, 301 Business Loop 70 West, Suite 208, Columbia, MO 65203, 573–882–1273. US Army Forensic Toxicology Drug Testing Laboratory, 2490 Wilson St., Fort George G. Meade, MD 20755– 5235, 301–677–7085. * The Standards Council of Canada (SCC) voted to end its Laboratory Accreditation Program for Substance Abuse (LAPSA) effective May 12, 1998. Laboratories certified through that program were accredited to conduct forensic urine drug testing as required by U.S. Department of Transportation (DOT) regulations. As of that date, the certification of those accredited Canadian laboratories will continue under DOT authority. The responsibility for conducting quarterly performance testing plus periodic on-site inspections of those LAPSA-accredited laboratories was transferred to the U.S. HHS, with the HHS’ NLCP contractor continuing to have an active role in the performance testing and laboratory inspection processes. Other Canadian laboratories wishing to be considered for the NLCP may apply directly to the NLCP contractor just as U.S. laboratories do. emcdonald on DSK67QTVN1PROD with NOTICES Upon finding a Canadian laboratory to be qualified, HHS will recommend that DOT certify the laboratory (Federal Register, July 16, 1996) as meeting the minimum standards of the Mandatory Guidelines published in the Federal Register on April 30, 2010 (75 FR 22809). After receiving DOT certification, the laboratory will be included in the monthly list of HHScertified laboratories and participate in the NLCP certification maintenance program. Janine Denis Cook, Chemist, Division of Workplace Programs, Center for Substance Abuse Prevention, SAMHSA. [FR Doc. 2012–29086 Filed 11–30–12; 8:45 am] BILLING CODE 4160–20–P DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG–2012–0839] Mobile Offshore Drilling Unit (MODU) Electrical Equipment Certification Guidance AGENCY: ACTION: Coast Guard, DHS. Notice of policy. The Coast Guard is providing guidance regarding electrical equipment installed in hazardous areas on foreignflagged Mobile Offshore Drilling Units (MODUs) that have never operated, but intend to operate, on the U.S. Outer Continental Shelf (OCS). Chapter 6 of the 2009 version of the International Maritime Organization (IMO) Code for the Construction and Equipment of Mobile Offshore Drilling Units (2009 IMO MODU Code) sets forth standards for testing and certifying electrical equipment installations on MODUs. The Coast Guard is considering issuing a rule that will implement Chapter 6 of the 2009 IMO MODU Code and that will be applicable to foreign-flagged MODUs that have never operated, but intend to operate, on the U.S. OCS. In the interim, the Coast Guard recommends that owners and operators of foreign-flagged MODUs that have never operated, but intend to operate on the U.S. OCS, voluntarily comply with Chapter 6 of the 2009 IMO MODU Code. SUMMARY: The policy outlined in this document is effective December 3, 2012. DATES: The documents referenced in this notice and published by the International Maritime Organization, International Electrotechnical Commission, or International Organization for Standardization are available for purchase from the publishers. For more information on where to obtain copies these documents, please call or email the Coast Guard point of contact listed in the FOR FURTHER INFORMATION CONTACT section below. ADDRESSES: If you have questions on this notice or the policy, call or email Mr. Rodolfo Sierra, Systems Engineering Division (CG– ENG–3), (202) 372–1381, Rodolfo.N.Sierra@uscg.mil. If you have questions on viewing material in the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 14:30 Nov 30, 2012 Jkt 229001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 71607 Background The explosion and fire on the MODU DEEPWATER HORIZON underscored the need to address electrical equipment that may present an ignition source for gases or vapors encountered during oil drilling exploration. On September 9, 2011 the Coast Guard published the final action memo (FAM) by the Commandant on the recommendations of its investigation into the explosion, fire, sinking and loss of eleven crew members on the MODU DEEPWATER HORIZON. You may view a copy of the FAM online by going to the Coast Guard’s Web site at http://uscg.mil/hq/ cg5/cg545 and clicking on the Deepwater Horizon-exhibits-transcriptsvideo link. The FAM called for the Coast Guard to evaluate whether MODUs engaged in U.S. OCS activities should be subject to independent testing and certification of electrical equipment installations in hazardous areas. Chapter 6 of the 2009 IMO MODU Code includes this independent testing and certification standard for electrical equipment installations in hazardous areas. However, under current Coast Guard regulations for foreign MODUs (33 CFR 143.207), the Coast Guard accepts the 1979 IMO MODU Code, which provides foreign flag Administrations the flexibility to accept less stringent standards than the 2009 IMO MODU Code, relating to the testing and certification of electrical equipment installations in hazardous areas. The Coast Guard completed its evaluation and has determined that U.S. implementation of the stricter standards contained in Chapter 6 of the 2009 IMO MODU Code is warranted. The 2009 IMO MODU Code recommends that electrical installations in hazardous areas be tested and certified in accordance with the International Electrotechnical Commission (IEC) 60079 series of standard(s). The IEC offers an international certification system called the ‘‘Certification to Standards Relating to Equipment for use in Explosive Atmospheres’’ (IECEx). The IECEx system requires full compliance with the applicable IEC 60079 series of standard(s), including the testing of equipment by an independent laboratory. Approval under the IECEx system involves an explosive atmospheres (Ex) Certification Body (ExCB) and an Ex Testing Laboratory (ExTL) that have been accepted into the IECEx system after meeting competency requirements established by the International Organization for Standardization (ISO)/IEC Standard 17025 and related IECEx Operational E:\FR\FM\03DEN1.SGM 03DEN1 emcdonald on DSK67QTVN1PROD with NOTICES 71608 Federal Register / Vol. 77, No. 232 / Monday, December 3, 2012 / Notices Documents and Rules of Procedure. The Ex Testing Laboratory tests the covered equipment to determine compliance with the IECEx system of standards, and drafts an IECEx Test Report (ExTR) to document the test results. The ExCB reviews the manufacturing quality assurance process and issues an IECEx Quality Assessment Report (QAR). Based on the results contained in the QAR and ExTR, the ExCB may then issue an IECEx Certificate of Conformity for the equipment. Currently, some foreign flag Administrations do not impose the IEC 60079 series of standards, and instead accept certification under the European Commission Directive (94/9/EC) on Equipment and Protective Systems Intended for use in Potentially Explosive Atmospheres (ATEX Directive). Compliance with the ATEX Directive is mandatory for European Union member nations. The ATEX Directive is intended to ensure the certification of electrical equipment to the Essential Health and Safety Requirements given in the Directive or appropriate IEC harmonized standards, but it does not specifically require testing and certification by an independent third party lab. The Coast Guard believes that certification of electrical equipment intended for use in hazardous areas should be tested and certified by a competent independent laboratory in the manner prescribed by Chapter 6 of the 2009 IMO MODU Code. Accordingly, the Coast Guard is considering issuing a rule to address certification and testing requirements for electrical equipment installations in hazardous areas applicable to foreignflagged MODUs that have never operated, but intend to operate, on the U.S. OCS. Until the Coast Guard finalizes its regulations, the Coast Guard recommends that owners and operators of foreign-flagged MODUs that have never operated, but intend to operate, on the U.S. OCS voluntarily comply with Chapter 6 of the 2009 IMO MODU Code. For these foreign-flagged MODUs, the Coast Guard recommends that electrical equipment installations in hazardous areas obtain independent laboratory certification under the IECEx system, which includes the appropriate IECEx Certificate of Conformities. The guidance contained in this notice is not a substitute for applicable legal requirements, nor is it itself a regulation. It is not intended to nor does it impose legally binding requirements on any party. It represents the Coast Guard’s current thinking on this topic and may assist industry, mariners, the general public, and the Coast Guard, as VerDate Mar<15>2010 14:30 Nov 30, 2012 Jkt 229001 well as other Federal and State regulators, in applying statutory and regulatory requirements. You can use an alternative approach if the approach satisfies the requirements of the applicable statutes and regulations. Authority This notice is issued under the authority of 5 U.S.C. 552(a), 43 U.S.C. 1331, et seq., and 33 CFR 1.05–1. Dated: September 14, 2012. J.G. Lantz, Director of Commercial Regulations and Standards, U.S. Coast Guard. [FR Doc. 2012–29138 Filed 11–30–12; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG–2012–0748] Notification of the Removal of Conditions of Entry on Vessels Arriving From the Republic of Indonesia Coast Guard, DHS. Notice. AGENCY: ACTION: The Coast Guard announces that it is removing the conditions of entry on vessels arriving from the country of the Republic of Indonesia. DATES: The policy announced in this notice is effective on December 3, 2012. ADDRESSES: This notice is part of docket USCG–2012–0748 and is available online by going to http:// www.regulations.gov, inserting USCG– 2012–0748 in the ‘‘Search’’ box, and then clicking ‘‘Search.’’ This material is also available for inspection and copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. This policy is also available at www.homeport.uscg.mil under the Maritime Security tab; International Port Security Program (ISPS Code); Port Security Advisory link. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, call Mr. Michael Brown, International Port Security Evaluation Division, United States Coast Guard, telephone 202–372– 1081. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826 or (toll free) 1–800–647–5527. SUMMARY: PO 00000 Frm 00036 Fmt 4703 Sfmt 9990 SUPPLEMENTARY INFORMATION: Background and Purpose Title 46, Section 70110, United States Code, enacted as part of section 102(a) of the Maritime Transportation Security Act of 2002 (Pub. L. 107–295, Nov. 25, 2002) authorizes the Secretary of Homeland Security to impose conditions of entry on vessels requesting entry into the United States arriving from ports that are not maintaining effective anti-terrorism measures. It also requires public notice of the ineffective anti-terrorism measures. The Secretary has delegated to the Coast Guard authority to carry out the provisions of this section. Previous notices have imposed or removed conditions of entry on vessels arriving from certain countries. All such notices are available for review online by going to http://homeport.uscg.mil, clicking on the ‘‘Maritime Security’’ and then ‘‘International Port Security Program’’ tabs, and then following the link. On February 25, 2008, the Coast Guard published a Notice of Policy in the Federal Register, (73 FR 10042), announcing that it had determined that ports in the Republic of Indonesia, with certain exceptions, were not maintaining effective anti-terrorism measures, and imposed conditions of entry. Based on recent information, the Coast Guard has determined that the Republic of Indonesia is now maintaining effective anti-terrorism measures. Accordingly, the Coast Guard is removing the conditions of entry announced in the previously published Notice of Policy. With this notice, the current list of countries not maintaining effective anti-terrorism measures is as follows: Cambodia, Cameroon, Comoros, Cote d’Ivoire, Cuba, Equatorial Guinea, Guinea-Bissau, Iran, Liberia, Madagascar, Sao Tome and Principe, Syria, Timor-Leste, Venezuela, and Yemen. This current list is also available in the policy notice available on the Homeport system as described in the ADDRESSES section above. This notice is issued under authority of 46 U.S.C. 70110(d). Dated: November 3, 2012. Joseph Servidio, Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention Policy. [FR Doc. 2012–29146 Filed 11–30–12; 8:45 am] BILLING CODE 9110–04–P E:\FR\FM\03DEN1.SGM 03DEN1

Agencies

[Federal Register Volume 77, Number 232 (Monday, December 3, 2012)]
[Notices]
[Pages 71607-71608]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29138]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2012-0839]


Mobile Offshore Drilling Unit (MODU) Electrical Equipment 
Certification Guidance

AGENCY: Coast Guard, DHS.

ACTION: Notice of policy.

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

SUMMARY: The Coast Guard is providing guidance regarding electrical 
equipment installed in hazardous areas on foreign-flagged Mobile 
Offshore Drilling Units (MODUs) that have never operated, but intend to 
operate, on the U.S. Outer Continental Shelf (OCS). Chapter 6 of the 
2009 version of the International Maritime Organization (IMO) Code for 
the Construction and Equipment of Mobile Offshore Drilling Units (2009 
IMO MODU Code) sets forth standards for testing and certifying 
electrical equipment installations on MODUs. The Coast Guard is 
considering issuing a rule that will implement Chapter 6 of the 2009 
IMO MODU Code and that will be applicable to foreign-flagged MODUs that 
have never operated, but intend to operate, on the U.S. OCS. In the 
interim, the Coast Guard recommends that owners and operators of 
foreign-flagged MODUs that have never operated, but intend to operate 
on the U.S. OCS, voluntarily comply with Chapter 6 of the 2009 IMO MODU 
Code.

DATES: The policy outlined in this document is effective December 3, 
2012.

ADDRESSES: The documents referenced in this notice and published by the 
International Maritime Organization, International Electrotechnical 
Commission, or International Organization for Standardization are 
available for purchase from the publishers. For more information on 
where to obtain copies these documents, please call or email the Coast 
Guard point of contact listed in the FOR FURTHER INFORMATION CONTACT 
section below.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice 
or the policy, call or email Mr. Rodolfo Sierra, Systems Engineering 
Division (CG-ENG-3), (202) 372-1381, Rodolfo.N.Sierra@uscg.mil. If you 
have questions on viewing material in the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Background

    The explosion and fire on the MODU DEEPWATER HORIZON underscored 
the need to address electrical equipment that may present an ignition 
source for gases or vapors encountered during oil drilling exploration. 
On September 9, 2011 the Coast Guard published the final action memo 
(FAM) by the Commandant on the recommendations of its investigation 
into the explosion, fire, sinking and loss of eleven crew members on 
the MODU DEEPWATER HORIZON. You may view a copy of the FAM online by 
going to the Coast Guard's Web site at http://uscg.mil/hq/cg5/cg545 and 
clicking on the Deepwater Horizon-exhibits-transcripts-video link. The 
FAM called for the Coast Guard to evaluate whether MODUs engaged in 
U.S. OCS activities should be subject to independent testing and 
certification of electrical equipment installations in hazardous areas. 
Chapter 6 of the 2009 IMO MODU Code includes this independent testing 
and certification standard for electrical equipment installations in 
hazardous areas. However, under current Coast Guard regulations for 
foreign MODUs (33 CFR 143.207), the Coast Guard accepts the 1979 IMO 
MODU Code, which provides foreign flag Administrations the flexibility 
to accept less stringent standards than the 2009 IMO MODU Code, 
relating to the testing and certification of electrical equipment 
installations in hazardous areas. The Coast Guard completed its 
evaluation and has determined that U.S. implementation of the stricter 
standards contained in Chapter 6 of the 2009 IMO MODU Code is 
warranted.
    The 2009 IMO MODU Code recommends that electrical installations in 
hazardous areas be tested and certified in accordance with the 
International Electrotechnical Commission (IEC) 60079 series of 
standard(s). The IEC offers an international certification system 
called the ``Certification to Standards Relating to Equipment for use 
in Explosive Atmospheres'' (IECEx). The IECEx system requires full 
compliance with the applicable IEC 60079 series of standard(s), 
including the testing of equipment by an independent laboratory. 
Approval under the IECEx system involves an explosive atmospheres (Ex) 
Certification Body (ExCB) and an Ex Testing Laboratory (ExTL) that have 
been accepted into the IECEx system after meeting competency 
requirements established by the International Organization for 
Standardization (ISO)/IEC Standard 17025 and related IECEx Operational

[[Page 71608]]

Documents and Rules of Procedure. The Ex Testing Laboratory tests the 
covered equipment to determine compliance with the IECEx system of 
standards, and drafts an IECEx Test Report (ExTR) to document the test 
results. The ExCB reviews the manufacturing quality assurance process 
and issues an IECEx Quality Assessment Report (QAR). Based on the 
results contained in the QAR and ExTR, the ExCB may then issue an IECEx 
Certificate of Conformity for the equipment.
    Currently, some foreign flag Administrations do not impose the IEC 
60079 series of standards, and instead accept certification under the 
European Commission Directive (94/9/EC) on Equipment and Protective 
Systems Intended for use in Potentially Explosive Atmospheres (ATEX 
Directive). Compliance with the ATEX Directive is mandatory for 
European Union member nations. The ATEX Directive is intended to ensure 
the certification of electrical equipment to the Essential Health and 
Safety Requirements given in the Directive or appropriate IEC 
harmonized standards, but it does not specifically require testing and 
certification by an independent third party lab.
    The Coast Guard believes that certification of electrical equipment 
intended for use in hazardous areas should be tested and certified by a 
competent independent laboratory in the manner prescribed by Chapter 6 
of the 2009 IMO MODU Code. Accordingly, the Coast Guard is considering 
issuing a rule to address certification and testing requirements for 
electrical equipment installations in hazardous areas applicable to 
foreign-flagged MODUs that have never operated, but intend to operate, 
on the U.S. OCS. Until the Coast Guard finalizes its regulations, the 
Coast Guard recommends that owners and operators of foreign-flagged 
MODUs that have never operated, but intend to operate, on the U.S. OCS 
voluntarily comply with Chapter 6 of the 2009 IMO MODU Code. For these 
foreign-flagged MODUs, the Coast Guard recommends that electrical 
equipment installations in hazardous areas obtain independent 
laboratory certification under the IECEx system, which includes the 
appropriate IECEx Certificate of Conformities.
    The guidance contained in this notice is not a substitute for 
applicable legal requirements, nor is it itself a regulation. It is not 
intended to nor does it impose legally binding requirements on any 
party. It represents the Coast Guard's current thinking on this topic 
and may assist industry, mariners, the general public, and the Coast 
Guard, as well as other Federal and State regulators, in applying 
statutory and regulatory requirements. You can use an alternative 
approach if the approach satisfies the requirements of the applicable 
statutes and regulations.

Authority

    This notice is issued under the authority of 5 U.S.C. 552(a), 43 
U.S.C. 1331, et seq., and 33 CFR 1.05-1.

    Dated: September 14, 2012.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2012-29138 Filed 11-30-12; 8:45 am]
BILLING CODE 9110-04-P