Electrical Equipment in Hazardous Locations, 16980-16996 [2015-06946]
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notification of this enforcement period
via Local Notice to Mariners, Safety
Marine Information Broadcasts, and
Marine Safety Information Bulletins.
If the Captain of the Port or his
designated on-scene Patrol Commander
determines that the regulated area need
not be enforced for the full duration
stated in this notice, he or she may use
a Broadcast Notice to Mariners to grant
general permission to enter the
regulated area.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2015–0066]
Notice of Enforcement for Special
Local Regulations; RiverFest; Port
Neches, TX
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
Special Local Regulations for the
RiverFest Power Boat races on the
Neches River in Port Neches, TX from
2 p.m. on May 1, 2015, through 6 p.m.
on May 3, 2015. This action is necessary
to provide for the safety of the
participants, crew, spectators,
participating vessels, non-participating
vessels and other users of the waterway.
During the enforcement periods no
person or vessel may enter the zone
established by the Special Local
Regulation without permission of the
Captain of the Port (COTP) Port Arthur
or his designated on-scene Patrol
Commander.
SUMMARY:
The regulations in 33 CFR
100.801 will be enforced from 2 p.m. to
6 p.m. on May 1, 2015; and from 8:30
a.m. to 6 p.m. on May 2 and 3, 2015.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice of
enforcement, call or email Mr. Scott
Whalen, U.S. Coast Guard Marine Safety
Unit Port Arthur, TX; telephone 409–
719–5086, email scott.k.whalen@
uscg.mil.
DATES:
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SUPPLEMENTARY INFORMATION:
The Coast Guard will enforce Special
Local Regulation for the annual boat
races in 33 CFR 100.801(60) on May 1,
2015, from 2 p.m. to 6 p.m. and on May
2 and 3, 2015 from 8:30 a.m. to 6 p.m.
Under the provisions of 33 CFR
100.801, a vessel may not enter the
regulated area, unless it receives
permission from the Captain of the Port
or his designated on-scene Patrol
Commander. Spectator vessels may
safely transit outside the regulated area
but may not anchor, block, loiter, or
impede participants or official patrol
vessels. The Coast Guard may be
assisted by other federal, state or local
law enforcement agencies in enforcing
this regulation.
This notice is issued under authority
of 33 CFR 100.801 and 33 U.S.C. 1233.
In addition to this notice in the Federal
Register, the Coast Guard will provide
the maritime community with
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Dated: March 12, 2015.
R. S. Ogrydziak,
Captain, U.S. Coast Guard, Captain of the
Port, Port Arthur.
[FR Doc. 2015–07319 Filed 3–30–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 140 and 143
46 CFR Parts 110 and 111
[Docket No. USCG–2012–0850]
RIN 1625–AC00
Electrical Equipment in Hazardous
Locations
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is issuing
regulations applicable to newly
constructed mobile offshore drilling
units (MODUs), floating outer
continental shelf (OCS) facilities, and
vessels other than offshore supply
vessels (OSVs) that engage in OCS
activities. The regulations expand the
list of acceptable national and
international explosion protection
standards and add the internationally
accepted independent third-party
certification system, the International
Electrotechnical Commission System for
Certification to Standards relating to
Equipment for use in Explosive
Atmospheres (IECEx), as an accepted
method of testing and certifying
electrical equipment intended for use in
hazardous locations. The regulations
also provide owners and operators of
existing U.S. MODUs, floating OCS
facilities, vessels other than OSVs, and
U.S. tank vessels that carry flammable
or combustible cargoes, the option of
following this compliance regime as an
alternative to the requirements
contained in existing regulations.
DATES: This final rule is effective April
30, 2015.
SUMMARY:
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The Director of the Federal Register
has approved the incorporation by
reference of certain publications listed
in this rule, effective April 30, 2015.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2012–0850 and are
available for inspection or 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. You may also
find this docket online by going to
https://www.regulations.gov and
following the instructions on that Web
site.
Viewing material incorporated by
reference. You may make arrangements
to view this material by calling the
Coast Guard’s Office of Regulations and
Administrative Law at 202–372–3870 or
by emailing HQS-SMBCoastGuardRegulationsLaw@uscg.mil.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Raymond Martin, Systems
Engineering Division (CG–ENG–3),
Coast Guard; telephone 202–372–1384,
email Raymond.W.Martin@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Regulatory History
III. Background
IV. Discussion of Comments and Changes
V. Incorporation by Reference
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 Reform Act
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. Abbreviations
ABS American Bureau of Shipping
ANSI American National Standards
Institute
ASTM ASTM International
ATEX (Directive) Protective Systems
Intended for use in Potentially Explosive
Atmospheres
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BSEE Bureau of Safety and Environmental
Enforcement
CFR Code of Federal Regulations
CSA Canadian Standards Association
DHS Department of Homeland Security
Ex Designation of explosion-protected
electrical apparatus complying with IEC
standards
ExCB Ex Certification Body
FR Federal Register
IEC International Electrotechnical
Commission
IECEx IEC Certification to Standards
relating to Equipment for use in Explosive
Atmospheres
IEEE Institute of Electrical and Electronics
Engineers
IMO International Maritime Organization
ISA International Society of Automation
ISO International Organization for
Standardization
MSC Marine Safety Center
MODU Mobile Offshore Drilling Unit
NAVSEA Naval Sea Systems Command
NEC National Electrical Code
NEMA National Electrical Manufacturers
Association
NEPA National Environmental Policy Act
NFPA National Fire Protection Association
NOSAC National Offshore Safety Advisory
Committee
NPFC Naval Publications and Forms Center
NPRM Notice of Proposed Rulemaking
OCS Outer Continental Shelf
OMB Office of Management and Budget
OSV Offshore Supply Vessel
RP Recommended Practice
ULS Ultra Low Sulfur
U.S. United States
U.S.C. United States Code
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II. Regulatory History
Notice of Proposed Rulemaking
On June 24, 2013, we published a
notice of proposed rulemaking (NPRM)
in the Federal Register entitled
Electrical Equipment in Hazardous
Locations (78 FR 37760). The NPRM
proposed requiring third-party testing
and certification of electrical equipment
in hazardous locations by a Coast
Guard-accepted independent third-party
laboratory in order to achieve uniform
standards between U.S. and foreign
vessels and floating facilities. We
received several requests to extend the
90-day comment period until November
30, 2013. We granted these requests and
announced the extension in the Federal
Register (78 FR 58989) on September
25, 2013. We received 23 comment
letters on the NPRM, and considered all
of these comments in developing this
final rule. In section VI below, we
inserted a table that summarizes the
changes between the NPRM and the
final rule.
Advisory Committee
In April 2013, the Coast Guard tasked
the National Offshore Safety Advisory
Committee (NOSAC) to review and
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comment on a notice of policy we
published in the Federal Register (77
FR 71607) on December 3, 2012. The
policy recommended that electrical
equipment on foreign mobile offshore
drilling units (MODUs) that had never
operated on the outer continental shelf
(OCS), but were intended to do so, meet
Chapter 6 of the 2009 MODU Code of
the International Maritime Organization
(IMO) and obtain equipment
certification under the International
Electrotechnical Commission
Certification to Standards relating to
Equipment for use in Explosive
Atmospheres (IECEx) System. While
NOSAC was reviewing the notice of
policy, we published the Electrical
Equipment in Hazardous Locations
NPRM (78 FR 37760) in the Federal
Register. The NPRM proposed
regulations similar to the
recommendations contained in the
notice of policy. Unlike the notice of
policy, however, the NPRM was not
limited to foreign MODUs but applied to
all vessels and facilities that had never
operated on the outer continental shelf
(OCS) but intended to. Further, the
NPRM proposed requiring that
certification under the IECEx System be
conducted by Coast Guard accepted
independent laboratories in order to
facilitate Coast Guard oversight of those
laboratories. NOSAC provided
comments on the notice of policy and
on the NPRM, and those comments were
considered in developing this final rule.
III. Background
A key finding of the Coast Guard’s
investigation of the MODU
DEEPWATER HORIZON explosion, fire,
and sinking emphasized the importance
of proper electrical equipment
installations in hazardous locations
during oil drilling exploration on U.S.
and foreign MODUs. The Coast Guard,
therefore, reviewed the existing
regulations for hazardous locations;
specifically, the requirements for
electrical equipment testing and
certification and the standards
applicable to U.S. and foreign MODUs,
floating OCS facilities, and vessels that
engage in OCS activities.
Currently, electrical equipment on
U.S. vessels and floating facilities that
operate on the OCS must comply with
46 CFR subpart 111.105. This subpart
adopts international and national
standards and requires the equipment to
be tested and certified by a Coast Guardaccepted independent third-party
laboratory.
In contrast, foreign vessels and
floating facilities that engage in OCS
activities must meet the requirements of
33 CFR subchapter N. Currently, foreign
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floating OCS facilities must meet the
same engineering standards as U.S.
floating OCS facilities, while foreign
vessels engaged in OCS activities on the
U.S. OCS do not meet the same
engineering standards as U.S. vessels.
While the Coast Guard supports the
development and adoption of
international vessel safety standards, the
existing safety requirements of the
International Convention on the Safety
of Life at Sea, 1974 (SOLAS) do not
completely account for the specifics of
hydrocarbon production, processing,
storage, and handling systems, and the
2009 IMO MODU Code, which provides
a recommended SOLAS equivalency for
MODUs, is not a legally binding
instrument. For electrical equipment in
hazardous locations, we believe this
rule is necessary to ensure that all
vessels engaged in OCS activities meet
the same, OCS-specific safety standards.
In this final rule, therefore, we require
that new foreign MODUs, floating OCS
facilities and vessels meet the same
standards for explosion protection in
hazardous areas as their U.S.
counterparts before operating on the
OCS. Additionally, through this final
rule, we expand the list of acceptable
standards for existing and new vessels
and facilities.
IV. Discussion of Comments and
Changes
As noted above, we received 23
comment letters in response to the
NPRM. Additionally, NOSAC submitted
a report to the Coast Guard that
included their comments on the NPRM.
We considered all of these comments in
the development of this final rule. The
comments and our responses have been
grouped into subject-matter categories
below. In cases where the comment
resulted in a change to the regulations
previously proposed in the NPRM, the
change is specifically identified and
discussed.
Implementation Date
The NPRM’s proposed
implementation date was 30 days after
publication of the final rule. Fourteen
comments stated that was unreasonable.
These commenters explained that over
200 MODUs were either under contract,
under construction or due to be
constructed in the next 5 years and that
the costs of changing the specifications
for the electrical equipment located in
hazardous locations would be much
greater than that indicated in Section VI
of the NPRM.
We agree. While the estimates
provided correspond to the global
MODU population currently under
construction, a majority of which have
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not historically sought to operate on the
OCS, the associated burden on vessels
under construction is real. Thus, we
have delayed the implementation date
of the requirements of 46 CFR subpart
111.108. The requirements of 46 CFR
subpart 111.108 will apply to MODUs,
floating OCS facilities, and vessels,
other than offshore supply vessels
regulated under 46 CFR subchapter L,
that are constructed after April 2, 2018
and that engage in OCS activities.
Estimates of the affected foreign flagged
vessel population reside in the
regulatory analysis section of this final
rule. The definition of ‘‘constructed’’
has been added to 33 CFR 140.10 and
46 CFR 110.15–1(b). It is consistent with
the existing definition for ‘‘constructed’’
found in 46 CFR 170.055(f). Constructed
means either the date a keel is laid or
the date that construction identified
with the vessel or facility has begun.
Existing U.S. MODUs, floating OCS
facilities, and vessels, other than
offshore supply vessels (OSVs), and U.S.
tank vessels that carry flammable or
combustible cargoes may immediately
use the expanded list of explosion
protection standards and IECEx
certification regime identified in this
final rule in lieu of the existing
requirements in §§ 111.105–1 through
111.105–15.
2009 IMO MODU Code
The NPRM proposed the adoption of
a selection of explosion protection
standards and certification schemes.
Thirteen comments suggested that the
proposed regulations were unnecessary
and that compliance with the 2009 IMO
MODU Code should be sufficient for all
vessels. Many of these comments further
noted that the 2009 IMO MODU Code
already requires certification by an
independent testing laboratory. We
agree in part. The Coast Guard supports
the development and adoption of
international vessel safety standards.
The Coast Guard believes the 2009 IMO
MODU Code provides helpful guidance
for the design and engineering of
MODUs, particularly in supplementing
SOLAS with standards specific to
hydrocarbon production, processing,
storage, and handling systems, and
should be given appropriate effect by
flag administrations. However, the 2009
IMO MODU Code is not a legally
binding instrument and by its terms
does not apply to vessels that are not
MODUs. Additionally, there are
differing interpretations of the
‘‘independent testing laboratory’’
certification contained in the 2009
MODU Code. As the coastal state with
jurisdiction, we find that it is a
necessary and reasonable safety measure
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to require that newly constructed
foreign vessels and floating facilities
that engage in OCS activities have
uniform safety standards for explosion
protection in hazardous locations.
Cost of Compliance for Existing Foreign
Vessels and Facilities
Ten comments addressed the cost of
bringing into compliance with the
proposed rule existing MODUs that are
currently not operated on the OCS but
the owners or operators intend them to
do so. Those comments stated that the
cost of bringing the existing vessels into
compliance would likely exceed the
cost published in the NPRM. In addition
to required equipment recertification
and replacement costs, there would be
a loss of revenue during necessary
downtime for replacement of equipment
that could equal or exceed all other
costs.
We recognize that the costs to retrofit
an existing MODU could be prohibitive
depending on the design, construction
and type of operation of an individual
MODU. Because of this, we decided to
make the final rule applicable to vessels
and facilities that are constructed after
April 2, 2018 and that engage in OCS
activities. Existing vessels and facilities
will continue to be subject to the
regulations and standards effective at
the time of their construction.
Similarly, one comment
recommended that the Coast Guard
address electrical equipment in
hazardous locations on MODUs
currently on the OCS. The Coast Guard
disagrees. As explained earlier, this rule
does not require any existing vessel or
facility to meet the requirements of
subpart 111.108 because the costs to
retrofit existing equipment could be
prohibitive depending on the design,
construction and type of operation of an
individual vessel or facility.
One comment stated that the Coast
Guard should address electrical
equipment in hazardous locations on
foreign oil and chemical tankers and gas
carriers entering U.S. ports. These
vessels are outside the scope of this
rulemaking, which is confined to
vessels and facilities engaged in OCS
activities. Additionally, foreign oil and
chemical tankers and gas carriers are
already subject to international
standards and to Coast Guard inspection
for compliance with those standards.
Sister Vessels of Vessels Already
Operating on the OCS
Four comments requested that the
final rule not apply to sister vessels of
vessels already operating on the OCS.
They argued that these vessels are
identical in design to those existing
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vessels that the Coast Guard is
excluding from the requirements of this
final rule.
Under the NPRM, vessels new to the
OCS would have been subject to the
new requirements, whereas vessels and
facilities that had previously operated
on the OCS would not. In this final rule,
we have changed the applicability to
include only those vessels and facilities
that are constructed after April 2, 2018
and that engage in OCS activities. This
final rule, therefore, does not place new
requirements on any existing vessels or
facilities nor any vessel or facility that
is constructed on or before April 2,
2018. Existing vessels or facilities or
those constructed on or before April 2,
2018 will remain subject to the
regulations and standards effective at
the time of their construction and will
remain subject to Coast Guard
inspection. Any vessel or facility
constructed after the implementation
date will be subject to the requirements
of 46 CFR subpart 111.108 before
operating on the OCS.
Coast Guard Independent Laboratory
Requirement
Eleven comments addressed the
proposed requirement in 46 CFR
111.108–3 requiring the testing and
certification of electrical equipment in
hazardous locations by an independent
laboratory. The definition of
independent laboratory in the Coast
Guard’s Electrical Engineering
regulations is contained in 46 CFR
110.15–1, and means a laboratory
accepted by the Coast Guard using the
independent laboratory criteria found in
46 CFR 159.010. Commenters stated that
this requirement is burdensome and
unnecessary, particularly for Ex
Certification Bodies (ExCBs) and Ex
Testing Laboratories operating under the
IECEx System. Additionally, these
commenters were concerned that there
were not enough independent
laboratories accepted by the Coast
Guard, particularly within the IECEx
System, to meet the demands for
equipment certifications necessary to
comply with this final rule. Further, the
commenters stated that requiring Coast
Guard-accepted independent
laboratories undermines use of
international standards, foreign flag
administrations, and Recognized
Organizations.
We disagree. First, there are differing
interpretations of the ‘‘independent
testing laboratory’’ certification
contained in the 2009 MODU Code. U.S.
MODUs, vessels and floating facilities,
have been subject to independent thirdparty testing for over 30 years because
we believe it is a critically important
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element in preventing accidental
explosions in hazardous locations. As
the coastal state with jurisdiction, we
find that it is a necessary and reasonable
safety measure to require that newly
constructed foreign vessels and floating
facilities that engage in OCS activities
have uniform safety standards for
explosion protection in hazardous
locations. This final rule, therefore,
requires compliance with uniform
explosion protection standards and
certification regimes. The requirement
to use Coast Guard-accepted
independent laboratories allows the
Coast Guard reasonable oversight of
laboratories located worldwide and is
consistent with our existing regulations
for U.S. vessels and facilities engaged in
OCS activities. Currently, the majority
of ExCBs are Coast Guard-accepted
independent laboratories. We have
contacted all ExCBs to suggest that they
apply for acceptance. We expect that if
the demand is present, additional ExCBs
will apply for acceptance. Because this
final rule applies to new vessels and
facilities constructed after April 2, 2018,
we expect system designers, equipment
manufacturers, and independent
laboratories will be able to smoothly
transition from existing international
standards to the requirements of this
final rule. Finally, the existing SOLAS
standards do not completely account for
the particularities of vessels designed
and constructed for OCS activities, and
the 2009 IMO MODU Code is neither
mandatory nor applicable to all vessels.
Therefore, implementation of a
domestic standard for electrical
equipment in hazardous locations is
necessary to ensure that all vessels
engaged in U.S. OCS activities meet
uniform safety standards particular to
OCS activities and does not undermine
international standards or organizations.
In a separate rulemaking, the Coast
Guard published an interim rule on
August 18, 2014 (79 FR 48894) for U.S.
offshore supply vessels greater than
6,000 GT ITC. That interim rule also
recognized the IECEx System for
certification of electrical equipment in
hazardous locations. Unlike section
111.108–3(b)(3) of this final rule, 46
CFR 111.106–3(b)(3)(iii) of the interim
rule does not require certification of
electrical equipment in hazardous
locations to be done by a Coast Guard
accepted independent laboratory. The
Coast Guard recognizes the
inconsistency between 46 CFR 111.106–
3(b)(3)(iii) of the interim rule and 46
CFR 111.108–3(b)(3) of this final rule
and intends to align 46 CFR 111.106–
3(b)(3)(iii) with this final rule in a future
rulemaking.
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ATEX Equipment Certified by a ThirdParty Independent Laboratory
Eight comments suggested the Coast
Guard accept electrical equipment with
certification issued under the European
Commission Directive (94/9/EC) on
equipment and Protective Systems
Intended for use in Potentially
Explosive Atmospheres (ATEX Directive
or ATEX).
We disagree. ATEX certification does
not require independent third party
testing for all types of equipment. It also
does not ensure that electrical
equipment installed in hazardous
locations is fully tested to relevant
standards. When foreign MODUs and
vessels have electrical equipment
installed in hazardous locations that is
not independently tested, there is not
the same level of safety for explosion
protection in hazardous areas as
required of U.S. vessels and floating
facilities that operate on the OCS and
that are required to meet 46 CFR subpart
111.105. The ATEX Directive is a
European conformity assessment
scheme designed to facilitate trade
within Europe and is based on
‘‘Essential Health and Safety
Requirements.’’ Additionally, the ATEX
Directive is currently not applicable to
seagoing vessels or MODUs and it is our
experience with ATEX certification that
it can be difficult to determine the
extent of testing performed by the
‘‘notified body 1 ’’.
It is also important to recognize that
some ATEX certified electrical
equipment may be acceptable under
subpart 111.108 if it can be
demonstrated that the electrical
equipment has been fully tested and
certified to the applicable standards
contained in 46 CFR subchapter J by an
independent laboratory as defined in 46
CFR 110.15–1. Frequently, equipment
with ATEX certification also has
certifications acceptable under 46 CFR
111.108–3 of this final rule.
Two comments requested that the
Coast Guard clarify a statement in CG–
ENG Policy Letter No. 01–13, Alternate
Design and Equipment Standard for
Floating Offshore Installations (FOI) and
Floating Production, Storage, and
Offloading (FPSO) Units on the U.S.
Outer Continental Shelf, of June 26,
2013. For hazardous locations, the
policy letter states that electrical
equipment certified under the ATEX
scheme will not be accepted by the
1 A notified body is an organization ‘‘appointed
by EU Member States, either for approval and
monitoring of the manufacturers’ quality assurance
system or for direct product inspection.’’ https://
ec.europa.eu/enterprise/glossary/index_en.htm,
retrieved February 24, 2014.
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Coast Guard. As explained above, if the
equipment is also certified in
accordance with one of the acceptable
methods listed in 46 CFR 111.108–3, in
addition to its ATEX certification, then
the equipment is acceptable under 46
CFR 111.108–3 of this final rule.
Class I, Special Division 1 Hazardous
Locations
Three comments said the proposed
use of Class I, Special Division 1 in 46
CFR 111.108–3(e) may cause confusion
as it is not a term recognized by the
National Fire Protection Association’s
(NFPA) standard, NFPA 70, National
Electrical Code (NEC), We disagree and
have not revised this section. Class I,
Special Division 1 is intended to be
equivalent to Class I, Zone 0, and is
consistent with Informational Note No.
2 of Article 500.5(B)(3) of NFPA 70.
Coast Guard regulations have long
recognized that certain spaces such as
cargo pump rooms and cargo tanks are
more hazardous than other Class I,
Division 1 locations. For these
hazardous locations, we limit the types
of permitted electrical installations. Use
of the term ‘‘Class I, Special Division 1’’
simplifies the designation of these
locations.
Electrical Equipment Inspection and
Maintenance Requirements
Five comments recommended that the
Coast Guard establish standards for the
design, installation, inspection, and
maintenance of electrical equipment in
hazardous locations. Two comments
suggested requiring an onboard
electrical equipment register that
contains information regarding
electrical equipment and its inspection,
maintenance, and operational history.
The commenters also suggest this
information could be reviewed by
visiting Coast Guard marine inspectors
or third-party inspection personnel and
could become part of a company’s
quality system. We agree that
competency and accurate recordkeeping
are critical to safety, but this
recommendation is outside the scope of
this rulemaking.
‘‘Operated on the OCS’’
Under the NPRM, vessels and
facilities new to the OCS would be
subject to the NPRM, whereas vessels
and facilities that had previously
operated on the OCS, would not. Two
comments requested that the Coast
Guard more clearly define what
constitutes having ‘‘operated on the
OCS.’’ Because this final rule now
applies only to vessels and facilities
constructed after April 2, 2018, that
engage in OCS activities, we believe no
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further elaboration is needed, because
the phrase ‘‘operated on the OCS’’ is no
longer used.
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BSEE–USCG MOA, OCS–8, Regarding
MODUs
Two comments requested clarification
on the responsibilities of the Coast
Guard and of the Bureau of Safety and
Environmental Enforcement (BSEE) for
electrical equipment in hazardous
locations on MODUs under the USCG/
BSEE Memorandum of Agreement,
OCS–8, signed June 4, 2013. While the
subject is outside the scope of this
rulemaking because neither agency’s
responsibilities with regard to regulating
electrical equipment located in
hazardous locations are affected by this
final rule, it is relevant to understanding
the regulatory requirements for
electrical equipment located in
hazardous locations.
BSEE and Coast Guard have a shared
responsibility for safety on the OCS. In
general, the Coast Guard is responsible
for the vessel or facility and all of its
supporting systems while BSEE is
responsible for systems related to the
drilling and production of resources.
Classification of hazardous locations
and design of electrical systems is a
vessel-wide or facility-wide task and the
Coast Guard maintains a holistic view of
the vessel or facility. The Coast Guard,
in this rule, provides an expanded list
of standards that are applicable to
systems under the Coast Guard’s
jurisdiction as explained in BSEE–
USCG MOA OCS–8. The electrical
safety standards contained in BSEE’s
OCS regulations, 30 CFR part 250, are
acceptable to the Coast Guard.
Frequently, drilling and production
components will be installed on vessels
or facilities on a temporary or semitemporary basis. In general, BSEE
oversees these systems and if they find
them acceptable, their installation is
acceptable to the Coast Guard.
Class I, Division 2 and Class I, Zone 2
Two comments suggested that
electrical equipment in Division 2 or
Zone 2 locations be accepted without
independent third-party certification or
be accepted with ATEX certification.
The Coast Guard agrees to the extent
that applicable provisions of NFPA 70
and the 2009 IMO MODU Code permit.
46 CFR 111.108–3(b)(1) and (b)(2)
incorporate by reference Articles 500–
504 and Article 505 of the NFPA 70.
Articles 501.125(B) and 505.20(C) of the
NFPA 70 allow the installation of
certain electrical equipment in these
locations without independent
identification or listing if the equipment
meets specific requirements that reduce
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the risk of explosion. This final rule is
not intended to modify these standards.
46 CFR 111.108–3(b)(3) incorporates
Chapter 6 of the 2009 IMO MODU Code
and requires certification under the
IECEx System. The IECEx System
requires independent certification for all
electrical equipment in hazardous areas.
This final rule is not intended to modify
the IECEx System. Electrical system
designers must choose an explosion
protection standards regime from the
list of acceptable options provided in 46
CFR 111.108–3 and comply with the
standards regime they chose.
American National Standards Institute
(ANSI) and International Society of
Automation (ISA) Standards
One comment requested that the
Coast Guard incorporate the latest
ANSI/ISA safety standards for
hazardous locations. The Coast Guard
agrees and notes that 46 CFR 111.108–
3(b) incorporates the ANSI/ISA series of
standards incorporated in NFPA 70, as
it did in the NPRM.
Certain Required Equipment Not
Meeting Zone 2 Requirements
Two comments noted that some
required equipment located in
hazardous locations is not available as
certified for Zone 2 areas, such as search
and rescue transponders. The Coast
Guard agrees with this comment, and
notes that several standards included in
this final rule address this situation. The
objective of this final rule is to provide
a selection of standards for certification
of electrical equipment in hazardous
locations. Electrical equipment not
meeting the Class I, Zone 2 or Class I,
Division 2 requirements, should be
installed as far as possible from
hazardous locations, or if not possible,
located or installed in the least
hazardous location. Standards listed in
46 CFR 111.108–3 of this final rule do
address equipment such as this. Section
6.3.3 of IEC 61892–7:2007,2 which is
accepted by the 2009 IMO MODU Code,
refers to an assessment for energylimited equipment and circuits that is
provided in IEC 60079–15, ANSI/ISA
60079–15, ANSI/ISA–12.12.01, and UL
1604. Similarly, non-third party
assessment provisions are provided in
Article 501 of NFPA 70 for electrical
equipment without switching
mechanisms, or similar arc producing
devices. These standards can be used
when certain required equipment is not
available as certified for Zone 2 areas.
2 IEC 61892–7, Mobile and fixed offshore units—
Electrical installations—Part 7: Hazardous areas,
Edition 2.0.
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Acceptance of IECEx Certified
Equipment
One comment asked if equipment
tested to the IECEx System but not yet
marked as such would be acceptable.
The commenter explained that
equipment is sometimes delivered
before the IECEx Certificate of
Compliance is issued. Another comment
noted that equipment can be certified
under both the ATEX Directive and the
IECEx System but only have ATEX
labeling. Finally, a comment requested
acceptance of equipment consisting of
assemblies of IECEx certified
components rather than requiring a
certificate for the entire assembly.
These are compliance issues that can
be very simple or very complex
depending on the type of equipment
and will be addressed by the Marine
Safety Center (MSC) or cognizant
Officer-in-Charge, Marine Inspection on
a case-by-case basis. When IECEx on
any other Coast Guard accepted
independent third party certification is
unclear, documentation must be
presented that demonstrates the
equipment meets the applicable
requirements. Any equipment or
assembly of equipment must meet all
the requirements of the IECEx System.
It is not the Coast Guard’s intent to
modify the IECEx System.
Ultra Low Sulfur (ULS) Diesel Fuels
One comment requested that the
Coast Guard consider lowering the
minimum flashpoint that defines
hazardous locations, because Ultra Low
Sulfur (ULS) diesel fuels are being
produced against a minimum flashpoint
of 52° C, rather than the 60° C minimum
that has served as the basis for both
Coast Guard and IMO requirements to
date. We are unable to make this change
in the final rule because it was not
proposed in the NPRM. The minimum
flashpoint of 60° C exists in numerous
standards and regulations including 46
CFR 111.105–29, 46 CFR 111.105–31, 46
CFR 58.01–10, numerous locations
within SOLAS, and IEC 60092–
502:1999. We may consider proposing a
change to the minimum flashpoint in a
future rulemaking. This will provide the
public the opportunity to comment on
the proposal. Until that occurs, the MSC
can accept arrangements that provide an
equivalent level of safety in accordance
with 46 CFR 110.20–1.
IECEx Certified Equipment in Class I,
Division 1 and Class I, Division 2
Locations
One commenter requested that drill
floor equipment that is IECEx certified
for Class I, Zone 1 or Class I, Zone 2 be
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permitted on drill floors classified to
Class I, Division 1 or Class I, Division
2. Equipment certified using the zone
classification system, regardless of
whether certification was by a Coast
Guard-accepted independent laboratory
or IECEx ExCB, is permitted in locations
that are classified using the division
classification system in accordance with
Article 501.5 of NFPA 70, NEC. The
same commenter requested that drill
floors be allowed to be classified under
both systems so that both zone and
division certified equipment could be
used. We do not favor one classification
system over the other and we are not
opposed to dual classification, but we
caution that great care must be taken.
While both systems offer comparable
levels of safety the two systems are not
identical or interchangeable.
Indiscriminate ‘‘mixing and matching’’
of systems could result in errors that
result in lower levels of safety. This
limits the benefit of dual classification.
Article 505.7 of NFPA 70 provides
details on dual classification. Any
mixing of classification systems should
be done in accordance with NFPA 70 to
ensure that the requirements of 46 CFR
subpart 111.108 are met.
V. Incorporation by Reference
The Director of the Federal Register
has approved the material in § 110.10–
1 for incorporation by reference under 5
U.S.C. 552 and 1 CFR part 51. Copies of
the material are available from the
sources listed in that section.
VI. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders (E.O.s) related to
rulemaking. Below we summarize our
analyses based on these statutes or
E.O.s.
A. Regulatory Planning and Review
Executive Orders 12866 (‘‘Regulatory
Planning and Review’’) and 13563
(‘‘Improving Regulation and Regulatory
Review’’) direct agencies to assess the
16985
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 both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility.
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866 as supplemented
by Executive Order 13563, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget (OMB) has not reviewed it under
that Order. Nonetheless, we developed
an analysis of the costs and benefits of
the rule to ascertain its probable impacts
on industry.
A summary of the changes between
the NPRM and the final rule follows:
TABLE 1—CHANGES BETWEEN NPRM AND FINAL RULE
Stage
Subject
Impact
NPRM
Final rule
Affected Population
U.S. and foreign vessels and floating
OCS facilities that are new to the
OCS or newly built.
Under the final rule, only vessels and
facilities constructed after April 2,
2018 will be subject to the rule.
Implementation Date
Affected population required to comply
by the effective date, which is 30
days after final rule is published.
Changed to 3 years after effective date
of the rule.
Discussion of Applicable Regulatory
Assessment Comments and Changes
The Coast Guard received several
comments on the published NPRM.
Allows existing vessels and facilities as
well as those currently under contract or construction to avoid potentially costly retrofit/recertification
costs.
Allows owners and operators to avoid
recertification costs for vessels or facilities currently under contract or
construction.
These comments have been grouped by
topic, as several comments addressed
similar concerns, and are discussed in
the following table.
TABLE 2—NPRM COMMENT TOPICS AND RESPONSES
Implementation Date ............................
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Compliance costs for vessels currently
under contract or construction.
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Several commenters voiced their concern that the 30 day period between publication of the final rule
and the effective date of the requirements was too brief and did not allow sufficient time for vessel
and facility owners to come into compliance. Changing the implementation date from 30 days to 3
years after publication of the rule addresses this concern and provides owners and operators of the
affected population the amount of time deemed sufficient by both the Coast Guard and commenters
alike, to meet the requirements of this rule.
Several comments addressed the concern that vessels currently under contract or construction could
face recertification costs before the vessel has been completed. For example, one such comment
stated, ‘‘Proposed regulations will block entry onto the OCS of over 200 MODUs, built to the 2009
MODU Code, that are currently under contracting or construction.’’ The Coast Guard acknowledges
the potential cost associated with vessels currently under design or construction. Estimates suggest
that designs and contracts are sometimes set as much as 3 years in advance. It is for this reason
that we have changed the implementation date to 3 years after the publication of the rule. A 3 year
delayed implementation date allows vessels currently under contract or construction to remain subject to the regulations in effect at the time that their construction began. Changing the implementation
date to 3 years after the publication of the rule allows owners and operators of vessels currently
under contract or construction to avert any costs associated with the requirements of this rule.
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Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Rules and Regulations
TABLE 2—NPRM COMMENT TOPICS AND RESPONSES—Continued
Existing foreign vessels and facilities ..
Accuracy of Recertification Cost Model
and Estimates.
Barriers to trade ...................................
Several comments addressed existing MODUs that do not currently operate on the OCS but intend to
operate on the OCS and the cost of bringing them into compliance with the regulations prescribed in
the NPRM. We recognize that the costs of retrofitting and/or recertifying existing MODUs could be
prohibitive depending on the individual MODU. Because of this, we revised the rule’s applicability to
include only those vessels and facilities that are constructed after April 2, 2018 and that operate on
the OCS. Existing vessels and facilities or vessels and facilities constructed on or before April 2,
2018 will continue to be subject to the regulations and standards effective at the time of their construction.
Some commenters stated that the burden to industry would likely exceed the cost published in the
NPRM for existing vessels/MODUs. In addition to required equipment recertification and replacement
costs, there would be a loss of revenue during necessary downtime for replacement of equipment
that could equal or exceed all other costs. As noted previously, due to the burden for existing vessels
or vessels currently under contract or construction, the Coast Guard modified the rule’s affected population to include only those vessels and facilities that are constructed after April 2, 2018 and that engage in OCS activities.
One commenter suggested the proposal would impose U.S.-specific requirements that are above and
beyond international norms, and would create a non-tariff barrier to trade that would restrict the availability of rigs for the U.S. market. The Coast Guard does not foresee any barriers to trade. Coast
Guard used NIST’s process to notify foreign governments of our proposed NPRM and no comments
were received as a result of that outreach.
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Costs: U.S. Vessels
We do not anticipate any costs to be
borne by the U.S.-flagged vessels that
will be affected by this rule. The rule
requires that all U.S. vessels, excluding
OSVs that are regulated under 46 CFR
subchapter L, that are constructed after
April 2, 2018 and engage in OCS
activity, comply with the newly created
subpart 111.108. U.S. flagged vessels
which fall within this scope are
provided with an expanded list of
standards and certification options.
Subpart 111.108 will not impose any
burden on U.S. vessels due to the nature
of current industry practice. Because
North American certification of
electrical equipment is generally to the
most current edition of the published
reference standards,3 we do not
anticipate new equipment will be tested
and certified to the standards referenced
in subpart 111.105 when more current,
updated editions of the standards are
available.
The logic applied to U.S. vessels,
excluding OSVs as discussed above,
applies to U.S. MODUs and floating
OCS facilities as well. We do not
anticipate any cost burden associated
with this rule to be imposed on this
vessel class. We believe this because the
affected population are those U.S.
MODUs and floating OCS facilities that
are constructed after April 2, 2018.
These vessels will be subject to subpart
111.108, a subpart that contains the
updated standards to which new
equipment will be certified. As with the
vessels discussed earlier, in the absence
of subpart 111.108, new equipment
would be built to the most current
3 Confirmed by Principal Engineer—Global
Hazardous Locations Product Safety, UL LLC.,
12/26/2012.
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standards as a matter of industry
practice. Under this final rule, this
scenario will not require any costs to the
vessel owner as there is no change in
the regulatory environment for U.S.
MODUs and floating OCS facilities.
Under this final rule, all U.S. MODUs,
floating OCS facilities, vessels other
than OSVs, and U.S. tank vessels may
comply with this new subpart in lieu of
§§ 111.105–1 through 111.105–15. We
do not foresee any additional costs to
the owners of these vessels and facilities
by providing this option but if there are
additional costs, there is expected to be
equal or greater benefit to the owner
driving the selection of this option.
Currently, the regulations for electrical
installations in hazardous locations are
contained in subpart 111.105. This
regulation will expand the available
subparts to include subpart 111.108,
while still allowing owners and
operators the option to remain subject to
existing subpart 111.105.
Costs: Foreign Vessels
While the modification of the affected
population aids us in estimating the
effects of the proposed rulemaking, it
does not further refine the costs which
are applied to the population. As some
commenters on the NPRM document
have reinforced, the estimated costs
associated with the rule could vary
widely. Industry costs were constructed
from a variety of elements, for example
the cost of certifying equipment or the
opportunity cost of recertification of
said equipment. With the modification
of the affected population we are able to
drop the opportunity cost from our
analysis, which allows us to further
streamline our discussion of the costs
for the rulemaking. What remains is the
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cost associated with third party
certification of equipment.
Currently, foreign vessels are not
required to utilize third party certified
equipment in hazardous areas unless
explicitly required by their flag state.
Implementation of the final rule will
require certification by a Coast Guard
approved, independent laboratory
which, in effect, changes the baseline
for newly constructed foreign vessels.
Foreign flagged vessels constructed 3
years after the implementation date
seeking entrance to the OCS in pursuit
of OCS activities will be required to
utilize third party certified equipment
where previously this was not explicitly
required. Our analysis of this baseline
change is clouded by the aggregate
nature of the cost of certification. When
an entity purchases equipment for use
in a hazardous location on a vessel, the
marginal cost of the certification
element of the purchase price is not
itemized for the purchaser. The
certification cost is present in the
purchase price as a value added
component of the total price of the
equipment. As such, we are not able to
explicitly determine the marginal cost
difference between equipment certified
by a third party and those without third
party certification. Additionally, the list
of equipment present in these locations,
and required to be third party certified,
is diverse. For example, one equipment
list obtained by the Coast Guard
contained equipment which ranged in
complexity from a fluorescent light to
elements of the tank temperature
monitoring system.
While the cost estimation is obtuse, it
is not insurmountable. We have several
elements which should allow us to
construct a range for the final rule’s
associated costs. On the high end of the
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Average
High-cost
ceiling
$0
$250,000
$500,000
Affected Population
The Coast Guard-maintained MISLE
database, contains records of all
applicable vessels operating on the OCS
in pursuit of OCS activities. Historic
data extracted from this database is
presented below in Table 4.
TABLE 4—MISLE HISTORIC DATA
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Build year
2004
2005
2006
2007
2008
2009
2010
Frequency
......................................
......................................
......................................
......................................
......................................
......................................
......................................
4 Regulatory
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1
0
0
2
4
3
Advisor—ExxonMobil, 8/14/2012.
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Build year
Frequency
2011 ......................................
2012 ......................................
2013 ......................................
2
2
3
Total ..................................
Average ................................
17
*2
* Rounded.
Over the past 10 years, 17 foreign
vessels have been built which would
fall under this rule’s application. The
database was filtered to include foreign
vessels, those vessel classes which
would potentially be on the OCS in
pursuit of OCS activities, and have
build years within the past decade.
Evaluation of this data found that on
average, 2 foreign vessels are built per
year which could seek entrance to the
US OCS in pursuit of OCS activities.
Therefore, the range of costs
associated with this rulemaking will fall
between $0 (2 Vessels * $0) and
$1,000,000 (2 vessels * $500,000) per
year with an average per year cost of
$500,000 (2 vessels * $250,000).
Cost estimate
Low-cost
floor
Average
High-cost
ceiling
$0
$500,000
$1,000,000
NPRM vs Final Rule
Burden estimates in the NPRM were
$800,000 per year. With the changes
that the final rule makes to the affected
population, the yearly costs have been
reduced, by an estimation that is
upwards of 37%.
TABLE 3—COST RANGE
Low-cost
floor
Alternatives
TABLE 4—MISLE HISTORIC DATA—
Continued
Benefits
We are unable to monetize benefits.
We can find no casualties that would
have been prevented by these
regulations. However, third-party testing
and certification for critical equipment,
such as electrical equipment intended
for use in hazardous locations,
addresses a potentially catastrophic
hazard consisting of an explosive gas or
vapor combined with an electrical
ignition source, and is generally
understood by industry as an
appropriate measure that enhances
safety and protects life, the
environment, and property.
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We considered five alternatives when
evaluating the effects of this final rule.
The first, abstaining from action, was
rejected because it allows a regulatory
imbalance and a potential safety gap to
exist between foreign vessels and U.S.
vessels operating on the OCS.
The second alternative we considered
was to require both U.S. and foreign
vessels and facilities to adhere to the
existing international standards. This
alternative was deemed insufficient
because compliance with international
standards, such as the 2009 IMO Code,
is subject to the interpretation of the
applicable flag administration. An
example of an undesired consequence of
this alternative would be the acceptance
of ATEX certified equipment. The Coast
Guard, however, will not accept ATEX
certifications because evidence of full
testing to the applicable harmonized
60079 series of standards by an
independent third-party laboratory is
not guaranteed. Consistent with
preexisting Coast Guard practices, thirdparty testing and certification for critical
equipment is generally required.
The third alternative we considered
was to require foreign vessels and
floating facilities to meet current U.S.
standards. This alternative was not
selected because we believe that
requiring compliance with U.S.
standards is unnecessary when there are
comparable international standards
acceptable to the Coast Guard. Because
these latest editions of internationally
recognized standards for explosion
protection offer owners and operators
greater flexibility, while also avoiding
the costs of coastal state-specific
requirements, we are expanding the list
of international explosion protection
standards deemed acceptable.
The fourth alternative, implementing
the regulations in this final rule, puts in
place a regulatory regime that will allow
for both the U.S., as the coastal state,
and industry to be confident in the
certification and assessment of electrical
equipment intended for use in
hazardous locations. This will be
achieved through the use of the most
current, internationally recognized
standards for explosion protection and
independent third-party certification.
The regulations in this final rule expand
the list of national and international
explosion protection standards deemed
acceptable for U.S. operators.
A fifth and final alternative is that
which was presented to the public in
the NPRM. This alternative included the
application of the NPRM regulations to
existing vessels before those vessels
engaged in OCS activities for the first
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range, we have the cost to replace all of
the electrical installations in a
representative vessel. While not
specifically applicable to a newly built
vessel, it is an appropriate estimate of
the costs associated with replacement of
electrical installations in hazardous
areas. This estimate contains the costs
associated with replacement of both the
equipment and the certification on a
U.S. flagged vessel, which are already
subject to the certification requirements
in this final rule.
The $500,000 cost quote 4 for
replacement of the equipment
appropriate for a hazardous location on
a vessel is useful as a cost ceiling. The
replacement cost for this equipment,
contains that which is associated with
the third party certification, in addition
to the price of the equipment itself. This
functions well as a price ceiling as we
can be sure that the marginal cost of
third party certification will fall below
this point estimate, as it is not likely to
be above the full cost of the equipment
with its associated certification.
The cost floor is a function of costs
potentially accrued to a hypothetical
vessel to be built in the future. In some
cases these vessels would be built to the
certification specifications contained in
this final rule anyway, in which case
they would accrue no additional costs
from this rule. However, due to the
probable greater cost of third-partycertified equipment, we can assume
that, without this rulemaking, some
equipment would be installed without
third party certification. Table 3
presents the range.
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time. This alternative would have
included foreign vessels currently under
contract or construction. We determined
that this alternative would force an
undue burden on the industry due
primarily to the cost effects. Industry’s
comments to the docket suggest that the
compliance cost per vessel could be cost
prohibitive. With current estimates of
219 foreign MODUs in some stage of
construction, the cost of this alternative
could have potentially outpaced its
benefits.
B. Small Entities
Under the Regulatory Flexibility Act,
5 U.S.C. 601–612, we have considered
whether this rule will 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.
We do not anticipate any effect on
small entities. As noted in the previous
discussion, there is no anticipated cost
burden placed on U.S. entities by this
rule and, as such, we do not anticipate
any effect on small entities that would
be addressed by this section. Therefore,
the Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
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C. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104–
121, we offered to assist small entities
in understanding this rule so that they
could better evaluate its effects on them
and participate in the rulemaking. The
Coast Guard will not retaliate against
small entities that question or complain
about this 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 rule calls for no new collection
of information under the Paperwork
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Reduction Act of 1995, 44 U.S.C. 3501–
3520.
E. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the 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 rule under that Order and
have determined that it is consistent
with the fundamental principles and
preemption requirements described in
Executive Order 13132. Our analysis is
explained below.
It is well settled that States may not
regulate in categories reserved for
exclusive regulation by the Coast Guard.
It is also well settled that all of the
categories for inspected vessels 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 fields foreclosed
from regulation by the States. (See the
decision of the Supreme Court in the
consolidated cases of United States v.
Locke and Intertanko v. Locke, 529 U.S.
89, 120 S.Ct. 1135 (March 6, 2000).)
This final rule regulates electrical
equipment standards on inspected
vessels. As such, States may not regulate
within this category. Therefore, the rule
is consistent with the principles of
federalism and preemption
requirements in Executive Order 13132.
F. Unfunded Mandates Reform Act
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
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
G. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under E.O. 12630
(‘‘Governmental Actions and
Interference with Constitutionally
Protected Property Rights’’).
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H. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of E.O.
12988, (‘‘Civil Justice Reform’’), to
minimize litigation, eliminate
ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this rule under E.O.
13045 (‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’). This 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 rule does not have tribal
implications under E.O. 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 rule under E.O.
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 E.O. 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 rule uses the following voluntary
consensus standards:
• ANSI/ISA–12.12.01–2012—
Nonincendive Electrical Equipment
for Use in Class I and II, Division 2
and Class III, Divisions 1 and 2
Hazardous (Classified) Locations,
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•
•
•
•
•
•
•
•
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approved 9 July 2012 (‘‘ANSI/ISA
12.12.01’’)
ANSI/ISA–60079–18—explosive
atmospheres—Part 18: Equipment
protection by encapsulation ‘‘m’’,
Third Edition, approved 14
September 2012 (‘‘ANSI/ISA 60079–
18 (2012)’’)
UL 674—Standard for Safety: Electric
Motors and Generators for Use in
Hazardous (Classified) Locations,
Fifth Edition, dated May 31, 2011
(with revisions through July 19, 2013)
(‘‘ANSI/UL 674 (2013)’’)
UL 823—Electric Heaters for Use in
Hazardous (Classified) Locations,
Ninth Edition including revisions
through November 15, 2007 (dated
October 20, 2006) (‘‘ANSI/UL 823’’)
UL 844—Electric Lighting Fixtures for
Use in Hazardous (Classified)
Locations, Thirteenth Edition, dated
June 29, 2012 (‘‘ANSI/UL 844 (2012)’’)
UL 913—Standard for Safety:
Intrinsically Safe Apparatus and
Associated Apparatus for use in Class
I, II and III, Division 1, Hazardous
Locations, Seventh Edition, Dated
July 31, 2006 (including revisions
through June 3, 2010) (‘‘ANSI/UL
913’’)
UL 1203—Explosion-proof and Dustignition Proof Electrical Equipment
for use in Hazardous (Classified)
Locations, Fourth Edition, Dated
September 15, 2006 (including
revisions through October 28, 2009)
(‘‘ANSI/UL 1203’’)
UL 2225—Standard for Safety: Cables
and Cable-Fittings for use in
Hazardous (Classified) Locations,
Third Edition, dated February 25,
2011 (‘‘ANSI/UL 2225 (2011)’’)
ASTM F2876–10—Standard Practice
for Thermal Rating and Installation of
Internal Combustion Engine Packages
for use in Hazardous Locations in
Marine Applications, approved
November 1, 2010 (‘‘ASTM F2876–
10’’)
CSA C22.2 No. 30–M1986—
Explosion-Proof Enclosures for Use in
Class I Hazardous Locations,
Reaffirmed 2007 (‘‘CSA C22.2 No. 30–
M1986’’)
CSA C22.2 No. 213–M1987—Nonincendive Electrical Equipment for
Use in Class I, Division 2 Hazardous
Locations, Reaffirmed 2008 (‘‘CSA
C22.2 No. 213–M1987’’)
CAN/CSA–C22.2 No. 0–M91—
General Requirements—Canadian
Electrical Code, Part II, Reaffirmed
2006 (‘‘CSA C22.2 No. 0–M91’’)
CAN/CSA–C22.2 No. 157–92—
Intrinsically Safe and Non-incendive
Equipment for Use in Hazardous
Locations, Reaffirmed 2006 (‘‘CSA
C22.2 No. 157–92’’)
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• FM Approvals Class Number 3600—
Approval Standard for Electric
Equipment for use in Hazardous
(Classified) Locations General
Requirements, November 1998 (‘‘FM
Approvals Class Number 3600’’)
• FM Approvals Class Number 3610—
Approval Standard for Intrinsically
Safe Apparatus and Associated
Apparatus for Use in Class I, II, and
III, Division 1, Hazardous (Classified)
Locations, January 2010 (‘‘FM
Approvals Class Number 3610’’)
• FM Approvals Class Number 3611—
Approval Standard for Nonincendive
Electrical Equipment for Use in Class
I and II, Division 2, and Class III,
Divisions 1 and 2, Hazardous
(Classified) Locations, December 2004
(‘‘FM Approvals Class Number 3611’’)
• FM Approvals Class Number 3615—
Approval Standard for Explosionproof
Electrical Equipment General
Requirements, August 2006 (‘‘FM
Approvals Class Number 3615’’)
• FM Approvals Class Number 3620—
Approval Standard for Purged and
Pressurized Electrical Equipment for
Hazardous (Classified) Locations,
August 2000 (‘‘FM Approvals Class
Number 3620’’)
• IEC 60079–1:2007—Explosive
atmospheres—Part 1: Equipment
protection by flameproof enclosures
‘‘d’’, Sixth edition, 2007–04
• IEC 60079–2:2007—Explosive
atmospheres—Part 2: Equipment
protection by pressurized enclosures
‘‘p’’, Fifth edition, 2007–02
• IEC 60079–5:2007—Explosive
atmospheres—Part 5: Equipment
protection by powder filling ‘‘q’’,
Third edition, 2007–03
• IEC 60079–6:2007—Explosive
atmospheres—Part 6: Equipment
protection by oil immersion ‘‘o’’,
Third edition, 2007–03
• IEC 60079–7:2006—Explosive
atmospheres—Part 7: Equipment
protection by increased safety ‘‘e’’,
Fourth edition, 2006–07
• IEC 60079–11:2011—Explosive
atmospheres—Part 11: Equipment
protection by intrinsic safety ‘‘i’’,
Edition 6.0, 2011–06
• IEC 60079–13:2010—Explosive
atmospheres—Part 13: Equipment
protection by pressurized room ‘‘p’’,
Edition 1.0, 2010–10
• IEC 60079–15:2010—Explosive
atmospheres—Part 15: Equipment
protection by type of protection ‘‘n’’,
Edition 4.0, 2010–01
• IEC 60079–18:2009—Explosive
atmospheres—Part 18: Equipment
protection by encapsulation ‘‘m’’,
Edition 3.0, 2009–05
• IEC 60079–25:2010—Explosive
atmospheres—Part 25: Intrinsically
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safe electrical systems, Edition 2.0,
2010–02
• IEC 60092–502:1999—Electrical
installations in ships—Part 502:
Tankers—Special features, Fifth
edition, 1999–02
• IEC 61892–7:2007—Mobile and fixed
offshore units—Electrical
installations—Part 7: Hazardous areas,
Edition 2.0, 2007–11
• NFPA 70—National Electrical Code,
2011 Edition (‘‘NFPA 70’’)
• NFPA 496—Standard for Purged and
Pressurized Enclosures for Electrical
Equipment, 2013 Edition (‘‘NFPA 496
(2013)’’)
• UL 1604 –Electrical Equipment for
use in Class I and II, Division 2 and
Class III Hazardous (Classified)
Locations, Third Edition, Dated April
28, 1994 (including revisions through
February 5, 2004) (‘‘UL 1604’’)
The sections that reference these
standards and the locations where these
standards are available are listed in 46
CFR 110.10–1.
This rule also uses technical
standards other than voluntary
consensus standards.
• IMO Resolution A.1023(26), Code for
the Construction and Equipment of
Mobile Offshore Drilling Units, 2009,
19 January 2010 (‘‘2009 IMO MODU
Code’’)
The section that references this
standard and the locations where this
standard is available are listed in 46
CFR 110.10–1.
M. Environment
We have analyzed this final rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This final rule is
categorically excluded under section
2.B.2, figure 2–1, paragraphs (34)(a), (d)
and (e) of the Instruction and under
section 6(a) of the ‘‘Appendix to
National Environmental Policy Act:
Coast Guard Procedures for Categorical
Exclusions, Notice of Final Agency
Policy’’ (67 FR 48244, July 23, 2002).’’
This final rule involves regulations
which are editorial and concern
inspection and equipping of vessels and
regulations concerning vessel operation
safety standards. An environmental
analysis checklist and a categorical
exclusion determination are available in
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the docket where indicated under
ADDRESSES.
List of Subjects
33 CFR Part 140
Continental shelf, Investigations,
Marine safety, Occupational safety and
health, Penalties, Reporting and
recordkeeping requirements.
33 CFR Part 143
Continental shelf, Marine safety,
Occupational safety and health, Vessels.
46 CFR Part 110
Reporting and recordkeeping
requirements, Vessels, Incorporation by
reference.
46 CFR Part 111
Vessels.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR parts 140 and 143 and 46 CFR parts
110 and 111 as follows:
Title 33—Navigation and Navigable
Waters
(d) Each floating OCS facility that is
constructed after April 2, 2018 must
comply with the requirements of 46 CFR
subpart 111.108 prior to engaging in
OCS activities.
■ 5. Add § 143.208 to read as follows:
§ 143.208 Hazardous location
requirements on foreign MODUs.
Each mobile offshore drilling unit that
is documented under the laws of a
foreign nation and is constructed after
April 2, 2018 must comply with the
requirements of 46 CFR subpart 111.108
prior to engaging in OCS activities.
■ 6. Add § 143.302 to read as follows:
§ 143.302 Hazardous location
requirements on foreign vessels engaged in
OCS activities.
Each vessel that is documented under
the laws of a foreign nation and is
constructed after April 2, 2018 must
comply with the requirements of 46 CFR
subpart 111.108 prior to engaging in
OCS activities.
Title 46—Shipping
CHAPTER I—COAST GUARD,
DEPARTMENT OF HOMELAND SECURITY
CHAPTER I—COAST GUARD,
DEPARTMENT OF HOMELAND SECURITY
SUBCHAPTER N—OUTER CONTINENTAL
SHELF ACTIVITIES
SUBCHAPTER J—ELECTRICAL
ENGINEERING
PART 140—GENERAL
PART 110—GENERAL PROVISIONS
■
1. The authority citation for part 140
continues to read as follows:
■
Authority: 43 U.S.C. 1333, 1348, 1350,
1356; Department of Homeland Security
Delegation No. 0170.1.
Authority: 33 U.S.C. 1509; 43 U.S.C 1333;
46 U.S.C. 3306, 3307, 3703; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277;
Department of Homeland Security Delegation
No. 0170.1; § 110.01–2 also issued under 44
U.S.C. 3507. Sections 110.15–1 and 110.25–
1 also issued under sec. 617, Pub. L. 111–
281, 124 Stat. 2905.
7. The authority citation for part 110
continues to read as follows:
2. Amend § 140.10 by adding a
definition for ‘‘Constructed’’ in
alphabetical order to read as follows:
■
§ 140.10
Defintions.
*
*
*
*
*
Constructed means the date—
(1) The vessel’s keel was laid; or
(2) Construction identifiable with the
vessel or facility began and assembly of
that vessel or facility commenced
comprising of 50 metric tons or at least
1 percent of the estimated mass of all
structural material, whichever is less.
*
*
*
*
*
PART 143—DESIGN AND EQUIPMENT
3. The authority citation for part 143
continues to read as follows:
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■
Authority: 43 U.S.C. 1333(d)(1), 1348(c),
1356; 49 CFR 1.46; section 143.210 is also
issued under 14 U.S.C. 664 and 31 U.S.C.
9701.
4. Amend § 143.120 by adding
paragraphs (d) to read as follows:
■
§ 143.120
Floating OCS facilities.
*
*
*
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*
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8. Revise § 110.10–1 to read as
follows:
■
§ 110.10–1
Incorporation by reference.
(a) Certain material is incorporated by
reference into this subchapter with the
approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1
CFR part 51. To enforce any edition
other than that specified in this section,
the Coast Guard must publish notice of
change in the Federal Register and the
material must be available to the public.
The word ‘‘should,’’ when used in
material incorporated by reference, is to
be construed the same as the words
‘‘must’’ or ‘‘shall’’ for the purposes of
this subchapter. All approved material
is available for inspection at the U.S.
Coast Guard, Office of Design and
Engineering Standards (CG–ENG), 2703
Martin Luther King Jr Ave. SE., Stop
7418, Washington, DC 20593–7418, and
is available from the sources listed
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below. It is also available for inspection
at the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030 or
go to https://www.archives.gov/federal_
register/code_of_federal_regulations/
ibr_locations.html.
(b) American Bureau of Shipping
(ABS), ABS Plaza, 16855 Northchase
Drive, Houston, TX 77060, 281–877–
5800, https://www.eagle.org.
(1) Rules for Building and Classing
Steel Vessels, Part 4 Vessel Systems and
Machinery, 2003 (‘‘ABS Steel Vessel
Rules’’), IBR approved for §§ 110.15–1,
111.01–9, 111.12–3, 111.12–5, 111.12–7,
111.33–11, 111.35–1, 111.70–1,
111.105–31, 111.105–39, 111.105–40,
and 113.05–7 of this chapter.
(2) Rules for Building and Classing
Mobile Offshore Drilling Units, Part 4
Machinery and Systems, 2001 (‘‘ABS
MODU Rules’’), IBR approved for
§§ 111.12–1, 111.12–3, 111.12–5,
111.12–7, 111.33–11, 111.35–1, and
111.70–1 of this chapter.
(c) American National Standards
Institute (ANSI), 25 West 43rd Street,
New York, NY 10036, 212–642–4900,
https://www.ansi.org/.
(1) ANSI/IEEE C37.12–1991—
American National Standard for AC
High-Voltage Circuit Breakers Rated on
a Symmetrical Current BasisSpecifications Guide, 1991 (‘‘ANSI/IEEE
C37.12’’), IBR approved for § 111.54–1
of this chapter.
(2) ANSI/IEEE C37.27–1987 (IEEE Std
331)—Application Guide for LowVoltage AC Nonintegrally Fused Power
Circuitbreakers (Using Separately
Mounted Current-Limiting Fuses), 1987
(‘‘ANSI/IEEE C37.27’’), IBR approved for
§ 111.54–1 of this chapter.
(3) ANSI/ISA 12.12.01–2012—
Nonincendive Electrical Equipment for
Use in Class I and II, Division 2 and
Class II, Divisions 1 and 2 Hazardous
(Classified) Locations, approved 9 July
2012 (‘‘ANSI/ISA 12.12.01’’), IBR
approved for § 111.108–3(b) of this
chapter.
(4) ANSI/ISA–60079–18—Electrical
Apparatus for Use in Class I, Zone 1
Hazardous (Classified) Locations: Type
of Protection—Encapsulation ‘‘m’’,
approved July 31, 2009 (‘‘ANSI/ISA
60079–18’’), IBR approved for
§ 111.106–3(d) of this chapter.
(5) ANSI/ISA–60079–18—Explosive
atmospheres—Part 18: Equipment
protection by encapsulation ‘‘m’’, Third
Edition, approved 14 September, 2012
(‘‘ANSI/ISA 60079–18 (2012)’’), IBR
approved for § 111.108–3(e) of this
chapter.
(d) American Petroleum Institute
(API), Order Desk, 1220 L Street NW.,
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Washington, DC 20005–4070, 202–682–
8000, https://www.api.org.
(1) API RP 500—Recommended
Practice for Classification of Locations
for Electrical Installations at Petroleum
Facilities Classified as Class I, Division
1 and Division 2, Second Edition,
November 1997, reaffirmed in 2002
(‘‘API RP 500’’), IBR approved for
§§ 111.106–7(a) and 111.106–13(b) of
this chapter.
(2) API RP 505—Recommended
Practice for Classification of Locations
for Electrical Installations at Petroleum
Facilities Classified as Class I, Zone 0,
Zone 1, and Zone 2, First Edition,
approved January 7, 1998 (dated
November 1997), reaffirmed 2002 (‘‘API
RP 505’’), IBR approved for §§ 111.106–
7(a) and 111.106–13(b) of this chapter.
(e) ASME, Three Park Avenue, New
York, NY 10016–5990, 800–843–2763,
https://www.asme.org.
(1) ASME A17.1–2000 Part 2 Electric
Elevators, 2000 (‘‘ASME A17.1’’), IBR
approved for § 111.91–1 of this chapter.
(2) [Reserved]
(f) ASTM International (ASTM), 100
Barr Harbor Drive, West Conshohocken,
PA 19428–2959, 610–832–9500, https://
www.astm.org.
(1) ASTM B 117–97, Standard
Practice for Operating Salt Spray (Fog)
Apparatus, (‘‘ASTM B 117’’), IBR
approved for § 110.15–1 of this chapter.
(2) ASTM F2876–10—Standard
Practice for Thermal Rating and
Installation of Internal Combustion
Engine Packages for use in Hazardous
Locations in Marine Applications,
approved November 1, 2010 (‘‘ASTM
F2876–10’’), IBR approved for
§§ 111.106–3(h) and 111.108–3(g) of this
chapter.
(g) Canadian Standards Association
(CSA), 5060 Spectrum Way, Suite 100,
Mississauga, Ontario, L4W 5N6, Canada,
800–463–6727, https://www.csa.ca/.
(1) CSA C22.2 No. 30–M1986—
Explosion-Proof Enclosures for Use in
Class I Hazardous Locations, Reaffirmed
2007 (‘‘CSA C22.2 No. 30–M1986’’), IBR
approved for §§ 111.106–3(b) and
111.108–3(b) of this chapter.
(2) CSA C22.2 No. 213–M1987—Nonincendive Electrical Equipment for Use
in Class I, Division 2 Hazardous
Locations, Reaffirmed 2008 (‘‘CSA C22.2
No. 213–M1987’’), IBR approved for
§§ 111.106–3(b) and 111.108–3(b) of this
chapter.
(3) CAN/CSA–C22.2 No. 0–M91—
General Requirements—Canadian
Electrical Code, Part II, Reaffirmed 2006
(‘‘CSA C22.2 No. 0–M91’’), IBR
approved for §§ 111.106–3(b) and
111.108–3(b) of this chapter.
(4) CAN/CSA–C22.2 No. 157–92—
Intrinsically Safe and Non-incendive
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Equipment for Use in Hazardous
Locations, Reaffirmed 2006 (‘‘CSA C22.2
No. 157–92’’), IBR approved for
§§ 111.106–3(b) and 111.108–3(b) of this
chapter.
(h) DLA Document Services,
Department of Defense, Single Stock
Point, 700 Robbins Avenue,
Philadelphia, PA 19111, 215–697–6396,
https://www.assistdocs.com.
(1) MIL–C–24640A—Military
Specification Cables, Light Weight,
Electric, Low Smoke, for Shipboard Use,
General Specification for (1995)
Supplement 1, June 26, 1995 (‘‘NPFC
MIL–C–24640A’’), IBR approved for
§§ 111.60–1 and 111.60–3 of this
chapter.
(2) MIL–C–24643A—Military
Specification Cables and Cords, Electric,
Low Smoke, for Shipboard Use, General
Specification for (1996), Amendment 2,
March 13, 1996 (‘‘MIL–C–24643A’’), IBR
approved for §§ 111.60–1 and 111.60–3
of this chapter.
(3) MIL–DTL–24640C with
Supplement 1—Detail Specification
Cables, Lightweight, Low Smoke,
Electric, for Shipboard Use, General
Specification for, November 18, 2011
(‘‘MIL–DTL–24640C’’), IBR approved for
§ 111.106–5(a) of this chapter.
(4) MIL–DTL–24643C with
Supplement 1A—Detail Specification
Cables, Electric, Low Smoke HalogenFree, for Shipboard Use, General
Specification for, December 13, 2011
(dated October 1, 2009) (‘‘MIL–DTL–
24643C’’), IBR approved for § 111.106–
5(a) of this chapter.
(5) MIL–W–76D—Military
Specification Wire and Cable, Hook-Up,
Electrical, Insulated, General
Specification for (2003) Amendment 1–
2003, February 6, 2003 (‘‘NPFC MIL–W–
76D’’), IBR approved for § 111.60–11 of
this chapter.
(i) FM Approvals, P.O. Box 9102,
Norwood, MA 02062, 781–440–8000,
https://www.fmglobal.com.
(1) Class Number 3600—Approval
Standard for Electric Equipment for use
in Hazardous (Classified) Locations
General Requirements, November 1998
(‘‘FM Approvals Class Number 3600’’),
IBR approved for §§ 111.106–3(b) and
111.108–3(b) of this chapter.
(2) Class Number 3610—Approval
Standard for Intrinsically Safe
Apparatus and Associated Apparatus for
Use in Class I, II, and III, Division 1,
Hazardous (Classified) Locations,
January 2010 (‘‘FM Approvals Class
Number 3610’’), IBR approved for
§§ 111.106–3(b) and 111.108–3(b) of this
chapter.
(3) Class Number 3611—Approval
Standard for Nonincendive Electrical
Equipment for Use in Class I and II,
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Division 2, and Class III, Divisions 1 and
2, Hazardous (Classified) Locations,
December 2004 (‘‘FM Approvals Class
Number 3611’’), IBR approved for
§§ 111.106–3(b) and 111.108–3(b) of this
chapter.
(4) Class Number 3615—Approval
Standard for Explosionproof Electrical
Equipment General Requirements,
August 2006 (‘‘FM Approvals Class
Number 3615’’), IBR approved for
§§ 111.106–3(b) and 111.108–3(b) of this
chapter.
(5) Class Number 3620—Approval
Standard for Purged and Pressurized
Electrical Equipment for Hazardous
(Classified) Locations, August 2000
(‘‘FM Approvals Class Number 3620’’),
IBR approved for §§ 111.106–3(b) and
111.108–3(b) of this chapter.
(j) Institute of Electrical and
Electronic Engineers (IEEE), IEEE
Service Center, 445 Hoes Lane,
Piscataway, NJ 08854, 732–981–0060,
https://www.ieee.org/.
(1) IEEE Std C37.04–1999—IEEE
Standard Rating Structure for AC HighVoltage Circuit Breakers, 1999 (‘‘IEEE
C37.04’’), IBR approved for § 111.54–1
of this chapter.
(2) IEEE Std C37.010–1999—IEEE
Application Guide for AC High-Voltage
Circuit Breakers Rated on a Symmetrical
Current Basis, 1999 (‘‘IEEE C37.010’’),
IBR approved for § 111.54–1 of this
chapter.
(3) IEEE Std C37.13–1990—IEEE
Standard for Low-Voltage AC Power
Circuit Breakers Used in Enclosures,
October 22, 1990 (‘‘IEEE C37.13’’), IBR
approved for § 111.54–1 of this chapter.
(4) IEEE Std C37.14–2002—IEEE
Standard for Low-Voltage DC Power
Circuit Breakers Used in Enclosures,
April 25, 2003 (‘‘IEEE C37.14’’), IBR
approved for § 111.54–1 of this chapter.
(5) IEEE Std 45–1998—IEEE
Recommended Practice for Electric
Installations on Shipboard, October 19,
1998 (‘‘IEEE 45–1998’’), IBR approved
for §§ 111.30–19, 111.105–3, 111.105–
31, and 111.105–41 of this chapter.
(6) IEEE Std 45–2002—IEEE
Recommended Practice for Electrical
Installations On Shipboard, October 11,
2002 (‘‘IEEE 45–2002’’), IBR approved
for §§ 111.05–7, 111.15–2, 111.30–1,
111.30–5, 111.33–3, 111.33–5, 111.40–1,
111.60–1, 111.60–3, 111.60–5, 111.60–
11, 111.60–13, 111.60–19, 111.60–21,
111.60–23, 111.75–5, and 113.65–5 of
this chapter.
(7) IEEE 100—The Authoritative
Dictionary of IEEE Standards Terms,
Seventh Edition, 2000 (‘‘IEEE 100’’), IBR
approved for § 110.15–1.
(8) IEEE Std 1202–1991—IEEE
Standard for Flame Testing of Cables for
Use in Cable Tray in Industrial and
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Commercial Occupancies, 1991 (‘‘IEEE
1202’’), IBR approved for §§ 111.60–6
and 111.107–1 of this chapter.
(9) IEEE Std 1580–2001—IEEE
Recommended Practice for Marine
Cable for Use on Shipboard and Fixed
or Floating Platforms, December 17,
2001 (‘‘IEEE 1580’’), IBR approved for
§§ 111.60–1, 111.60–2, 111.60–3 and
111.106–5(a) of this chapter.
(k) International Electrotechnical
Commission (IEC), 3 Rue de Varembe,
Geneva, Switzerland, +41 22 919 02 11,
https://www.iec.ch/.
(1) IEC 60068–2–52—Environmental
Testing Part 2: Tests—Test Kb: Salt
Mist, Cyclic (Sodium Chloride
Solution), Second Edition, 1996 (‘‘IEC
68–2–52’’), IBR approved for § 110.15–1.
(2) IEC 60079–0—Electrical apparatus
for Explosive Gas Atmospheres—Part 0:
General Requirements, Edition 3.1, 2000
(‘‘IEC 60079–0’’), IBR approved for
§§ 111.105–1, 111.105–3, 111.105–5,
111.105–7, and 111.105–17 of this
chapter.
(3) IEC 60079–1—Electrical Apparatus
for Explosive Gas Atmospheres—Part 1:
Flameproof Enclosures ‘‘d’’ including
corr.1, Fourth Edition, June 2001 (‘‘IEC
60079–1’’), IBR approved for
§§ 111.105–1, 111.105–3, 111.105–5,
111.105–7, 111.105–9, and 111.105–17
of this chapter.
(4) IEC 60079–1:2007—Explosive
atmospheres—Part 1: Equipment
protection by flameproof enclosures
‘‘d’’, Sixth edition, 2007–04, IBR
approved for §§ 111.106–3(b) and
111.108–3(b) of this chapter.
(5) IEC 60079–2 Electrical Apparatus
for Explosive Gas Atmospheres—Part 2:
Pressurized Enclosures ‘‘p’’, Fourth
Edition, 2001 (‘‘IEC 60079–2’’), IBR
approved for §§ 111.105–1, 111.105–3,
111.105–5, 111.105–7, and 111.105–17
of this chapter.
(6) IEC 60079–2:2007—Explosive
atmospheres—Part 2: Equipment
protection by pressurized enclosures
‘‘p’’, Fifth edition, 2007–02, IBR
approved for §§ 111.106–3(b) and
111.108–3(b) of this chapter.
(7) IEC 60079–5—Electrical Apparatus
for Explosive Gas Atmospheres—Part 5:
Powder Filling ‘‘q’’, Second Edition,
1997 (‘‘IEC 60079–5’’), IBR approved for
§§ 111.105–1, 111.105–3, 111.105–5,
111.105–7, 111.105–15, and 111.105–17
of this chapter.
(8) IEC 60079–5:2007—Explosive
atmospheres—Part 5: Equipment
protection by powder filling ‘‘q’’, Third
edition, 2007–03, IBR approved for
§§ 111.106–3(b) and 111.108–3(b) of this
chapter.
(9) IEC 60079–6—Electrical Apparatus
for Explosive Gas Atmospheres—Part 6:
Oil Immersion ‘‘o’’, Second Edition,
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1995 (‘‘IEC 60079–6’’), IBR approved for
§§ 111.105–1, 111.105–3, 111.105–5,
111.105–7, 111.105–15, and 111.105–17
of this chapter.
(10) IEC 60079–6:2007—Explosive
atmospheres—Part 6: Equipment
protection by oil immersion ‘‘o’’, Third
edition, 2007–03, IBR approved for
§ 111.108–3(b) of this chapter.
(11) IEC 60079–7—Electrical
Apparatus for Explosive Gas
Atmospheres—Part 7: Increased Safety
‘‘e’’, Third Edition, 2001 (‘‘IEC 60079–
7’’), IBR approved for §§ 111.105–1,
111.105–3, 111.105–5, 111.105–7,
111.105–15, and 111.105–17 of this
chapter.
(12) IEC 60079–7:2006—Explosive
atmospheres—Part 7: Equipment
protection by increased safety ‘‘e’’,
Fourth edition, 2006–07, IBR approved
for § 111.106–3(b) of this chapter.
(13) IEC 60079–11—Electrical
Apparatus for Explosive Gas
Atmospheres—Part 11: Intrinsic Safety
‘‘i’’, Fourth Edition, 1999 (‘‘IEC 60079–
11’’), IBR approved for §§ 111.105–1,
111.105–3, 111.105–5, 111.105–7,
111.105–11, and 111.105–17 of this
chapter.
(14) IEC 60079–11:2006—Explosive
atmospheres—Part 11: Equipment
protection by intrinsic safety ‘‘i’’, Fifth
edition, 2006–07, IBR approved for
§ 111.106–3(b) of this chapter.
(15) IEC 60079–11:2011—Explosive
atmospheres—Part 11: Equipment
protection by intrinsic safety ‘‘i’’,
Edition 6.0, 2011–06, IBR approved for
§ 111.108–3(b) of this chapter.
(16) IEC 60079–13:2010—Explosive
atmospheres—Part 13: Equipment
protection by pressurized room ‘‘p’’,
Edition 1.0, 2010–10, IBR approved for
§§ 111.106–3(b) and 111.108–3(b) of this
chapter.
(17) IEC 60079–15—Electrical
Apparatus for Explosive Gas
Atmospheres—Part 15: Type of
Protection ‘‘n’’, Second Edition, 2001
(‘‘IEC 60079–15’’), IBR approved for
§§ 111.105–1, 111.105–3, 111.105–5,
111.105–7, 111.105–15, and 111.105–17
of this chapter.
(18) IEC 60079–15:2010—Explosive
atmospheres—Part 15: Equipment
protection by type of protection ‘‘n’’,
Edition 4.0, 2010–01, IBR approved for
§§ 111.106–3(b) and 111.108–3(b) of this
chapter.
(19) IEC 60079–18—Electrical
Apparatus for Explosive Gas
Atmospheres—Part 18: Encapsulation
‘‘m’’, First Edition, 1992 (‘‘IEC 60079–
18’’), IBR approved for §§ 111.105–1,
111.105–3, 111.105–5, 111.105–7,
111.105–15, and 111.105–17 of this
chapter.
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(20) IEC 60079–18:2009—Explosive
atmospheres—Part 18: Equipment
protection by encapsulation ‘‘m’’,
Edition 3.0, 2009–05, IBR approved for
§§ 111.106–3(b), 111.106–3(d), and
111.108–3(b) and (e) of this chapter.
(21) IEC 60079–25:2010—Explosive
atmospheres—Part 25: Intrinsically safe
electrical systems, Edition 2.0, 2010–02,
IBR approved for §§ 111.106–3(b) and
111.108–3(b) of this chapter.
(22) IEC 60092–101—Electrical
Installation in Ships, Part 101:
Definitions and General Requirements,
Edition 4.1, 2002 (‘‘IEC 60092–101’’),
IBR approved for §§ 110.15–1 and
111.81–1 of this chapter.
(23) IEC 60092–201—Electrical
Installation in Ships, Part 201: System
Design-General, Fourth Edition, 1994
(‘‘IEC 60092–201’’), IBR approved for
§§ 111.70–3 and 111.81–1 of this
chapter.
(24) IEC 60092–202—Amendment 1
Electrical Installation in Ships, Part 202:
System Design-Protection, 1996 (‘‘IEC
60092–202’’), IBR approved for
§§ 111.12–7, 111.50–3, 111.53–1, and
111.54–1 of this chapter.
(25) IEC 60092–301—Amendment 2
Electrical Installation in Ships, Part 301:
Equipment-Generators and Motors, 1995
(‘‘IEC 60092–301’’), IBR approved for
§§ 111.12–7, 111.25–5, and 111.70–1 of
this chapter.
(26) IEC 60092–302—Electrical
Installation in Ships, Part 302: LowVoltage Switchgear and Control Gear
Assemblies, Fourth Edition, 1997 (‘‘IEC
60092–302’’), IBR approved for
§§ 111.30–1, 111.30–5, and 111.30–19 of
this chapter.
(27) IEC 60092–303—Electrical
Installation in Ships, Part 303:
Equipment-Transformers for Power and
Lighting, Third Edition, 1980 (‘‘IEC
60092–303’’), IBR approved for
§ 111.20–15 of this chapter.
(28) IEC 60092–304—Amendment 1
Electrical Installation in Ships, Part 304:
Equipment—Semiconductor Convertors,
1995 (‘‘IEC 60092–304’’), IBR approved
for §§ 111.33–3 and 111.33–5 of this
chapter.
(29) IEC 60092–306—Electrical
Installation in Ships, Part 306:
Equipment—Luminaries and
accessories, Third Edition, 1980 (‘‘IEC
60092–306’’), IBR approved for
§§ 111.75–20 and 111.81–1 of this
chapter.
(30) IEC 60092–350:2008—Electrical
installations in ships—Part 350: General
construction and test methods of power,
control and instrumentation cables for
shipboard and offshore applications,
Edition 3.0, 2008–02, IBR approved for
§ 111.106–5(a) of this chapter.
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(31) IEC 60092–352—Electrical
Installation in Ships—Choice and
Installation of Cables for Low-Voltage
Power Systems, Second Edition, 1997
(‘‘IEC 60092–352’’), IBR approved for
§§ 111.60–3, 111.60–5, and 111.81–1 of
this chapter.
(32) IEC 60092–353—Electrical
Installations in Ships—Part 353: Single
and Multicore Non-Radial Field Power
Cables with Extruded Solid Insulation
for Rated Voltages 1kV and 3kV, Second
Edition, 1995 (‘‘IEC 60092–353’’), IBR
approved for §§ 111.60–1, 111.60–3, and
111.60–5 of this chapter.
(33) IEC 60092–353:2011—Electrical
installations in ships—Part 353: Power
cables for rated voltages 1 kV and 3 kV,
Edition 3.0, 2011–08, IBR approved for
§ 111.106–5(a) of this chapter.
(34) IEC 60092–401—Electrical
Installations in Ships, Part 401:
Installation and Test of completed
Installation with amendment 1 (1987)
and amendment 2 (1997), Third Edition,
1980 (‘‘IEC 60092–401’’), IBR approved
for §§ 111.05–9 and 111.81–1 of this
chapter.
(35) IEC 60092–502—Electrical
installations in ships—Part 502:
Tankers—Special features, Fifth edition,
1999–02 (‘‘IEC 60092–502’’), IBR
approved for §§ 111.81–1, 111.105–31,
111.106–3(b), 111.106–5(c), 111.106–
15(a), and 111.108–3(b) of this chapter.
(36) IEC 60092–503—Electrical
installations in ships, Part 503: Special
features: A.C. supply systems with
voltages in the range of above 1kV up
to and including 11kV, First Edition,
1975 (‘‘IEC 60092–503’’), IBR approved
for § 111.30–5 of this chapter.
(37) IEC 60331–11—Tests for electric
cables under fire conditions—Circuit
integrity—Part 11: Apparatus—Fire
alone at a flame temperature of at least
750 °C, First Edition, 1999 (‘‘IEC 60331–
11’’), IBR approved for § 113.30–25 of
this chapter.
(38) IEC 60331–21—Tests for Electric
Cables Under Fire Conditions—Circuit
Integrity—Part 21: Procedures and
Requirements—Cables of Rated Voltage
up to and Including 0.6/1.0kV, First
Edition, 1999 (‘‘IEC 60331–21’’), IBR
approved for § 113.30–25 of this
chapter.
(39) IEC 60332–1—Tests on Electric
Cables Under Fire Conditions, Part 1:
Test on a Single Vertical Insulated Wire
or Cable, Third Edition, 1993 (‘‘IEC
60332–1’’), IBR approved for § 111.30–
19 of this chapter.
(40) IEC 60332–3–22—Tests on
Electric Cables Under Fire Conditions—
Part 3–22: Test for Vertical Flame
Spread of Vertically-Mounted Bunched
Wires or Cables—Category A, First
Edition, 2000 (‘‘IEC 60332–3–22’’), IBR
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approved for §§ 111.60–1, 111.60–2,
111.60–6, and 111.107–1 of this chapter.
(41) IEC 60529—Degrees of Protection
Provided by Enclosures (IP Code),
Edition 2.1, 2001 (‘‘IEC 60529’’), IBR
approved for §§ 110.15–1, 111.01–9,
113.10–7, 113.20–3, 113.25–11, 113.30–
25, 113.37–10, 113.40–10, and 113.50–
5 of this chapter.
(42) IEC 60533—Electrical and
Electronic Installations in Ships—
Electromagnetic Compatibility, Second
Edition, 1999 (‘‘IEC 60533’’), IBR
approved for § 113.05–7 of this chapter.
(43) IEC 60947–2—Low-Voltage
Switchgear and Controlgear Part 2:
Circuit-Breakers, Third Edition, 2003
(‘‘IEC 60947–2’’), IBR approved for
§ 111.54–1 of this chapter.
(44) IEC 61363–1—Electrical
Installations of Ships and Mobile and
Fixed Offshore Units—Part 1:
Procedures for Calculating Short-Circuit
Currents in Three-Phase a.c., First
Edition, 1998 (‘‘IEC 61363–1’’), IBR
approved for § 111.52–5 of this chapter.
(45) IEC 61892–7:2007—Mobile and
fixed offshore units—Electrical
installations—Part 7: Hazardous areas,
Edition 2.0, 2007–11, IBR approved for
§ 111.108–3(b) of this chapter.
(46) IEC 62271–100—High-voltage
switchgear and controlgear—part 100:
High-voltage alternating current
circuitbreakers, Edition 1.1, 2003 (‘‘IEC
62271–100’’), IBR approved for
§ 111.54–1 of this chapter.
(l) International Maritime
Organization (IMO Publications
Section), 4 Albert Embankment, London
SE1 7SR, United Kingdom, +44 (0) 20
7735 7611, https://www.imo.org.
(1) International Convention for the
Safety of Life at Sea (SOLAS),
Consolidated Text of the International
Convention for the Safety of Life at Sea,
1974, and its Protocol of 1988: Article,
Annexes and Certificates. (Incorporating
all Amendments in Effect from January
2001), 2001 (‘‘IMO SOLAS 74’’), IBR
approved for §§ 111.99–5, 111.105–31,
112.15–1, and 113.25–6 of this chapter.
(2) IMO Resolution A.1023(26)—Code
for the Construction and Equipment of
Mobile Offshore Drilling Units, 2009, 18
January 2010 (‘‘2009 IMO MODU
Code’’), IBR approved for § 111.108–3(b)
of this chapter.
(m) International Society of
Automation (ISA), 67 T.W. Alexander
Drive, PO Box 12277, Research Triangle
Park, NC 27709, 919–549–8411, https://
www.isa.org/.
(1) RP 12.6—Wiring Practices for
Hazardous (Classified) Locations
Instrumentation Part I: Intrinsic Safety,
1995 (‘‘ISA RP 12.6’’), IBR approved for
§ 111.105–11 of this chapter.
(2) [Reserved]
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(n) Lloyd’s Register, 71 Fenchurch
Street, London EC3M 4BS, UK, +44–0–
20–7709–9166, https://www.lr.org/.
(1) Type Approval System—Test
Specification Number 1, 2002, IBR
approved for § 113.05–7 of this chapter.
(2) [Reserved]
(o) National Electrical Manufacturers
Association (NEMA), 1300 North 17th
Street, Arlington, VA 22209, 703–841–
3200, https://www.nema.org/.
(1) NEMA Standards Publication ICS
2–2000—Industrial Control and Systems
Controllers, Contactors, and Overload
Relays, Rated 600 Volts, 2000 (‘‘NEMA
ICS 2’’), IBR approved for § 111.70–3 of
this chapter.
(2) NEMA Standards Publication ICS
2.3–1995—Instructions for the
Handling, Installation, Operation, and
Maintenance of Motor Control Centers
Rated not More Than 600 Volts, 1995
(‘‘NEMA ICS 2.3’’), IBR approved for
§ 111.70–3 of this chapter.
(3) NEMA Standards Publication No.
ICS 2.4–2003—NEMA and IEC Devices
for Motor Service—a Guide for
Understanding the Differences, 2003
(‘‘NEMA ICS 2.4’’), IBR approved for
§ 111.70–3 of this chapter.
(4) NEMA Standards Publication No.
ANSI/NEMA 250–1997—Enclosures for
Electrical Equipment (1000 Volts
Maximum), August 30, 2001 (‘‘NEMA
250’’), IBR approved for §§ 110.15–1,
111.01–9, 110.15–1, 113.10–7, 113.20–3,
113.25–11, 113.30–25, 113.37–10,
113.40–10, and 113.50–5 of this chapter.
(5) NEMA Standards Publication No.
WC–3–1992—Rubber Insulated Wire
and Cable for the Transmission and
Distribution of Electrical Energy,
Revision 1, February 1994 (‘‘NEMA
WC–3’’), IBR approved for § 111.60–13
of this chapter.
(6) NEMA WC–70/ICEA S–95–658–
1999—Standard for Non-Shielded
Power Rated Cable 2000V or Less for the
Distribution of Electrical Energy, 1999
(‘‘NEMA WC–70’’), IBR approved for
§ 111.60–13 of this chapter.
(p) National Fire Protection
Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02169, 617–770–
3000, https://www.nfpa.org.
(1) NEC 2002 (NFPA 70)—National
Electrical Code Handbook, Ninth
Edition, 2002 (‘‘NFPA NEC 2002’’), IBR
approved for §§ 111.05–33, 111.20–15,
111.25–5, 111.50–3, 111.50–7, 111.50–9,
111.53–1, 111.54–1, 111.55–1, 111.59–1,
111.60–7, 111.60–13, 111.60–23,
111.81–1, 111.105–1, 111.105–3,
111.105–5, 111.105–7, 111.105–9,
111.105–15, 111.105–17, and 111.107–1
of this chapter.
(2) NFPA 70—National Electrical
Code, 2011 Edition (‘‘NFPA 70’’), IBR
approved for §§ 111.106–3(b), 111.106–
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5(c), and 111.108–3(b)(1) and (2) of this
chapter.
(3) NFPA 77—Recommended Practice
on Static Electricity, 2000 (‘‘NFPA 77’’),
IBR approved for § 111.105–27 of this
chapter.
(4) NFPA 99—Standard for Health
Care Facilities, 2005 (‘‘NFPA 99’’), IBR
approved for § 111.105–37 of this
chapter.
(5) NFPA 496—Standard for Purged
and Pressurized Enclosures for
Electrical Equipment, 2003 (‘‘NFPA
496’’), IBR approved for § 111.105–7 of
this chapter.
(6) NFPA 496—Standard for Purged
and Pressurized Enclosures for
Electrical Equipment, 2008 Edition
(‘‘NFPA 496 (2008)’’), IBR approved for
§ 111.106–3(c) of this chapter.
(7) NFPA 496—Standard for Purged
and Pressurized Enclosures for
Electrical Equipment, 2013 Edition
(‘‘NFPA 496 (2013)’’), IBR approved for
§ 111.108–3(d) of this chapter.
(q) Naval Sea Systems Command
(NAVSEA), 1333 Isaac Hull Avenue SE.,
Washington, DC 20376, 202–781–0000,
https://www.navsea.navy.mil.
(1) DDS 300–2—A.C. Fault Current
Calculations, 1988 (‘‘NAVSEA DDS
300–2’’), IBR approved for § 111.52–5 of
this chapter.
(2) MIL–HDBK–299(SH)—Military
Handbook Cable Comparison Handbook
Data Pertaining to Electric Shipboard
Cable Notice 1–1991 (Revision of MIL–
HDBK–299(SH) (1989)), October 15,
1991 (‘‘NAVSEA MIL–HDBK–
299(SH)’’), IBR approved for § 111.60–3
of this chapter.
(r) UL (formerly Underwriters
Laboratories, Inc.), 2600 NW. Lake
Road, Camas, WA, 98607, 877–854–
3577, https://www.ul.com.
(1) UL 44—Standard for ThermosetInsulated Wire and Cable, Fifteenth
Edition, Mar. 22, 1999 (Revisions
through and including May 13, 2002)
(‘‘UL 44’’), IBR approved for § 111.60–11
of this chapter.
(2) UL 50—Standard for Safety
Enclosures for Electrical Equipment,
Eleventh Edition, Oct. 19, 1995 (‘‘UL
50’’), IBR approved for § 111.81–1 of
this chapter.
(3) UL 62—Standard for Flexible Cord
and Fixture Wire, Sixteenth Edition,
Oct. 15, 1997 (‘‘UL 62’’), IBR approved
for § 111.60–13 of this chapter.
(4) UL 83—Standard for
Thermoplastic-Insulated Wires and
Cables, Twelfth Edition, Sept. 29, 1998
(‘‘UL 83’’), IBR approved for § 111.60–11
of this chapter.
(5) UL 484—Standard for Room Air
Conditioners, Seventh Edition,
(Revisions through and including Sep.
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3, 2002), Apr. 27, 1993 (‘‘UL 484’’), IBR
approved for § 111.87–3 of this chapter.
(6) UL 489—Molded-Case Circuit
Breakers, Molded-Case Switches, and
Circuit-Breaker Enclosures, Ninth
Edition, (Revisions through and
including Mar. 22, 2000), Oct. 31, 1996
(‘‘UL 489’’), IBR approved for §§ 111.01–
15 and 111.54–1 of this chapter.
(7) UL 514A—Metallic Outlet Boxes,
Ninth Edition, Dec. 27, 1996 (‘‘UL
514A’’), IBR approved for § 111.81–1 of
this chapter.
(8) UL 514B—Conduit, Tubing, and
Cable Fittings, Fourth Edition, Nov. 3,
1997 (‘‘UL 514B’’), IBR approved for
§ 111.81–1 of this chapter.
(9) UL 514C—Standard for
Nonmetallic Outlet Boxes, Flush-Device
Boxes, and Covers, Second Edition, Oct.
31, 1988 (‘‘UL 514C’’), IBR approved for
§ 111.81–1 of this chapter.
(10) UL 674—Standard for Safety:
Electric Motors and Generators for Use
in Division 1 Hazardous (Classified)
Locations, Fourth Edition with revisions
through Aug. 12, 2008 (dated Dec. 11,
2003) (‘‘ANSI/UL 674’’), IBR approved
for § 111.106–3(b) of this chapter.
(11) UL 674—Standard for Safety:
Electric Motors and Generators for Use
in Hazardous (Classified) Locations,
Fifth Edition, dated May 31, 2011 (with
revisions through July 19, 2013)
(‘‘ANSI/UL 674 (2013)’’), IBR approved
for § 111.108–3(b) of this chapter.
(12) UL 823—Electric Heaters for Use
in Hazardous (Classified) Locations,
Ninth Edition including revisions
through Nov. 15, 2007 (dated Oct. 20,
2006) (‘‘ANSI/UL 823’’), IBR approved
for §§ 111.106–3(b) and 111.108–3(b) of
this chapter.
(13) UL 844—Standard for Safety:
Luminaires for Use in Hazardous
(Classified) Locations, Twelfth Edition
including revisions through Nov. 20,
2008 (dated Jan. 11, 2006) (‘‘ANSI/UL
844’’), IBR approved for § 111.106–3(b)
of this chapter.
(14) UL 844—Standard for Safety:
Luminaires for Use in Hazardous
(Classified) Locations, Thirteenth
Edition, dated June 29, 2012 (‘‘ANSI/UL
844 (2012)’’), IBR approved for
§ 111.108–3(b) of this chapter.
(15) UL 913—Standard for
Intrinsically Safe Apparatus and
Associated Apparatus for Use in Class i,
ii, and iii, Division 1, Hazardous
(Classified) Locations, Sixth Edition,
(Revisions through and including Dec.
15, 2003) August 8, 2002 (‘‘UL 913’’),
IBR approved for § 111.105–11 of this
chapter.
(16) UL 913—Standard for Safety:
Intrinsically Safe Apparatus and
Associated Apparatus for Use in Class I,
II, and III, Division 1, Hazardous
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Locations, Seventh Edition, Dated July
31, 2006 (including revisions through
June 3, 2010) (‘‘ANSI/UL 913’’), IBR
approved for §§ 111.106–3(b) and
111.108–3(b) of this chapter.
(17) UL 1042—Standard for Electric
Baseboard Heating Equipment, Apr. 11,
1994, IBR approved for § 111.87–3 of
this chapter.
(18) UL 1072—Standard for MediumVoltage Power Cables, Third Edition,
Dec. 28, 2001 (revisions through and
including Apr. 14, 2003), IBR approved
for § 111.60–1 of this chapter.
(19) UL 1104—Standard for Marine
Navigation Lights, Second Edition, Oct.
29, 1998, IBR approved for § 111.75–17
of this chapter.
(20) UL 1203—Standard for
Explosion-Proof and Dust-Ignition-Proof
Electrical Equipment for Use in
Hazardous (Classified) Locations, Third
Edition, Sept. 7, 2000 (Revisions
through and including Apr. 30, 2004),
IBR approved for § 111.105–9 of this
chapter.
(21) UL 1203—Standard for Safety:
Explosion-Proof and Dust-Ignition Proof
Electrical Equipment for Use in
Hazardous (Classified) Locations,
Fourth Edition, Dated September 15,
2006 (including revisions through
October 28, 2009) (‘‘ANSI/UL 1203’’),
IBR approved for §§ 111.106–3(b) and
111.108–3(b) of this chapter.
(22) UL 1309—Marine Shipboard
Cables, First Edition, July 14, 1995, IBR
approved for §§ 111.60–1, 111.60–3, and
111.106–5(a) of this chapter.
(23) UL 1581—Reference Standard for
Electrical Wires, Cables, and Flexible
Cords, May 6, 2003, IBR approved for
§§ 111.30–19, 111.60–2, and 111.60–6 of
this chapter.
(24) UL 1598—Luminaires, First
Edition, Jan. 31, 2000, IBR approved for
§ 111.75–20 of this chapter.
(25) UL 1598A—Standard for
Supplemental Requirements for
Luminaires for Installation on Marine
Vessels, First Edition, Dec. 4, 2000, IBR
approved for § 111.75–20 of this
chapter.
(26) UL 1604—Electrical Equipment
for use in Class I and II, Division 2 and
Class III Hazardous (Classified)
Locations, Third Edition, Dated April
28, 1994 (including revisions through
February 3, 2004) (‘‘UL 1604’’), IBR
approved for § 111.108–3(b) of this
chapter.
(27) UL 2225—Cables and CableFittings for Use in Hazardous
(Classified) Locations, Second Edition,
Dec. 21, 2005 (‘‘ANSI/UL 2225’’), IBR
approved for § 111.106–3(b) of this
chapter.
(28) UL 2225—Standard for Safety:
Cables and Cable-Fittings for use in
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Hazardous (Classified) Locations, Third
Edition, dated February 25, 2011
(‘‘ANSI/UL 2225 (2011)’’), IBR approved
for § 111.108–3(b) of this chapter.
■ 9. Amend § 110.15–1(b) by adding, in
alphabetical order, the definitions for
‘‘Constructed’’, ‘‘OCS activity’’, and
‘‘Outer Continental Shelf (OCS)’’ to read
as follows:
§ 110.15–1
Definitions.
*
Subpart 111.108—Hazardous
Locations Requirements on U.S. and
Foreign MODUs, Floating OCS
Facilities, Vessels Conducting OCS
Activities, and U.S. Vessels That Carry
Flammable and Combustible Cargo
Sec.
111.108–1
111.108–2
111.108–3
Applicability.
[Reserved]
General requirements.
*
*
*
*
(b) * * *
Constructed means the date—
(1) The vessel’s keel was laid; or
(2) Construction identifiable with the
vessel or facility began and assembly of
that vessel or facility commenced
comprising of 50 metric tons or at least
1 percent of the estimated mass of all
structural material, whichever is less.
*
*
*
*
*
OCS activity has the same meaning as
it does in 33 CFR 140.10.
Outer Continental Shelf (OCS) has the
same meaning as it does in 33 CFR
140.10.
*
*
*
*
*
■ 10. Amend § 110.25–1 by adding
paragraph (q) to read as follows:
§ 111.108–1
§ 110.25–1 Plans and information required
for new construction.
(a) Electrical installations in
hazardous locations, where necessary
for operational purposes, must be
located in the least hazardous location
practicable.
(b) Electrical installations in
hazardous locations must comply with
paragraphs (b)(1), (2), or (3) of this
section.
(1) NFPA 70 Articles 500 through 504
(incorporated by reference, see
§ 110.10–1 of this chapter). Equipment
required to be identified for Class I
locations must meet the provisions of
Sections 500.7 and 500.8 of NFPA 70
and must be tested and listed by an
independent laboratory to any of the
following standards:
(i) ANSI/UL 674 (2013), ANSI/UL
823, ANSI/UL 844 (2012), ANSI/UL 913,
ANSI/UL 1203, UL 1604 (replaced by
ANSI/ISA 12.12.01) or ANSI/UL 2225
(2011) (incorporated by reference, see
§ 110.10–1 of this chapter).
(ii) FM Approvals Class Number 3600,
Class Number 3610, Class Number 3611,
Class Number 3615, or Class Number
3620 (incorporated by reference, see
§ 110.10–1 of this chapter).
(iii) CSA C22.2 Nos. 0–M91, 30–
M1986, 157–92, or 213–M1987
(incorporated by reference, see
§ 110.10–1 of this chapter).
Note to § 111.108–3(b)(1): See Article
501.5 of NFPA 70 (incorporated by
reference, see § 110.10–1 of this chapter)
for use of Zone equipment in Division
designated spaces.
*
*
*
*
*
(q) For vessels with hazardous
locations to which subpart 111.108 of
this chapter applies, plans showing the
extent and classification of all
hazardous locations, including
information on—
(1) Equipment identification by
manufacturer’s name and model
number;
(2) Equipment use within the system;
(3) Parameters of intrinsically safe
systems, including cables;
(4) Equipment locations;
(5) Installation details and/or
approved control drawings; and
(6) A certificate of testing, and listing
or certification, by an independent
laboratory or an IECEx Certificate of
Conformity under the IECEx System,
where required by the respective
standard in § 111.108–3(b)(1), (2), or (3)
of this chapter.
PART 111—ELECTRIC SYSTEMS
GENERAL REQUIREMENTS
11. The authority citation for part 111
continues to read as follows:
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■
Authority: 46 U.S.C. 3306, 3703;
Department of Homeland Security Delegation
No. 0170.1. Section 111.05–20 and Subpart
111.106 also issued under sec. 617, Pub. L.
111–281, 124 Stat. 2905.
12. Add subpart 111.108 to read as
follows:
■
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Applicability.
(a) This subpart applies to MODUs,
floating OCS facilities, and vessels,
other than offshore supply vessels
regulated under subchapter L of this
chapter, constructed after April 2, 2018
that engage in OCS activities.
(b) U.S. MODUs, floating OCS
facilities, and vessels other than OSVs
regulated under subchapter L of this
chapter and U.S. tank vessels that carry
flammable and combustible cargoes,
may comply with this subpart in lieu of
§§ 111.105–1 through 111.105–15. All
other sections of subpart 111.105 of this
part remain applicable.
§ 111.108–2
[Reserved]
§ 111.108–3
General requirements.
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16995
(2) NFPA 70 Article 505 (incorporated
by reference, see § 110.10–1 of this
chapter). Equipment required to be
identified for Class I locations must
meet the provisions of Sections 505.7
and 505.9 of NFPA 70 and must be
tested and listed by an independent
laboratory to one or more of the types
of protection in ANSI/ISA Series of
standards incorporated in NFPA 70.
Note to paragraph (b)(2). See Article
505.9(c)(1) of the NFPA 70
(incorporated by reference, see
§ 110.10–1 of this chapter) for use of
Division equipment in Zone designated
spaces.
(3) Clause 6 of IEC 61892–7:2007
(incorporated by reference, see
§ 110.10–1 of this chapter) for all U.S.
and foreign floating OCS facilities and
vessels on the U.S. OCS or on the waters
adjacent thereto; chapter 6 of 2009 IMO
MODU Code (incorporated by reference,
see § 110.10–1) for all U.S. and foreign
MODUs; or clause 6 of IEC 60092–502
(incorporated by reference, see
§ 110.10–1) for U.S. tank vessels that
carry flammable and combustible
cargoes. Electrical apparatus in
hazardous locations must be tested to
IEC 60079–1:2007, IEC 60079–2:2007,
IEC 60079–5:2007, IEC 60079–6:2007,
IEC 60079–7:2006, IEC 60079–11:2011,
IEC 60079–13:2010, IEC 60079–15:2010,
IEC 60079–18:2009 or IEC 60079–
25:2010 (incorporated by reference, see
§ 110.10–1) and certified by an
independent laboratory under the IECEx
System.
(c) System components that are listed
or certified under paragraph (b)(1), (2),
or (3) of this section must not be
combined in a manner that would
compromise system integrity or safety.
(d) As an alternative to paragraph
(b)(1) of this section, electrical
equipment that complies with the
provisions of NFPA 496 (2013)
(incorporated by reference, see
§ 110.10–1 of this chapter) is acceptable
for installation in Class I, Divisions 1
and 2. When equipment meeting this
standard is used, it does not need to be
identified and marked by an
independent laboratory. The
Commanding Officer, MSC, will
evaluate equipment complying with this
standard during plan review.
Note to paragraph (d). The
Commanding Officer, MSC, will
generally consider it acceptable if a
manufacturer’s certification of
compliance is indicated on a material
list or plan.
(e) Equipment listed or certified to
ANSI/ISA 60079–18 (2012) or IEC
60079–18:2009, respectively,
(incorporated by reference, see
§ 110.10–1 of this chapter) is not
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Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Rules and Regulations
permitted in Class I, Special Division 1,
or Zone 0 hazardous locations unless
the encapsulating compound of Ex
‘‘ma’’ protected equipment is not
exposed to, or has been determined to
be compatible with, the liquid or cargo
in the storage tank.
(f) Submerged pump motors that do
not meet the requirements of § 111.105–
31(d), installed in tanks carrying
flammable or combustible liquids with
closed-cup flashpoints not exceeding
60° C (140 °F), must receive concept
approval by the Commandant (CG–ENG)
and plan approval by the Commanding
Officer, MSC.
(g) Internal combustion engines
installed in Class I, Divisions 1 and 2
(Class I and IEC, Zones 1 and 2) must
meet the provisions of ASTM F2876–10
(incorporated by reference, see
§ 110.10–1 of this chapter).
Dated: March 20, 2015.
J.G. Lantz,
Director of Commercial Regulations and
Standards, U.S. Coast Guard.
[FR Doc. 2015–06946 Filed 3–30–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF LABOR
Office of Federal Contract Compliance
Programs
41 CFR Parts 60–1, 60–2, 60–4, and 60–
50
Implementation of Executive Order
13672 Prohibiting Discrimination
Based on Sexual Orientation and
Gender Identity by Contractors and
Subcontractors; Agency Information
Collection Activities; Announcement of
OMB Approval
Office of Federal Contract
Compliance Programs, Labor.
ACTION: Announcement of Office of
Management and Budget (OMB)
approval of collection of information
requirements.
AGENCY:
The Department of Labor,
Office of Federal Contract Compliance
Programs (OFCCP) is announcing that
the collection of information
requirements contained in the final rule
titled ‘‘Implementation of Executive
Order 13672 Prohibiting Discrimination
Based on Sexual Orientation and
Gender Identity by Contractors and
Subcontractors’’ (41 CFR part 60) have
been approved by OMB under the
Paperwork Reduction Act of 1995. The
OMB approval control number is 1250–
0009.
DATES: The final rule published
December 9, 2014 (79 FR 72985),
asabaliauskas on DSK5VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
18:26 Mar 30, 2015
Jkt 235001
including the information collection
requirements, will take effect on April 8,
2015.
FOR FURTHER INFORMATION CONTACT:
Debra A. Carr, Director, Division of
Policy and Program Development,
Office of Federal Contract Compliance
Programs, U.S. Department of Labor,
200 Constitution Ave. NW., Room C–
3325, Washington, DC 20210, (202) 693–
0104. This is not a toll-free number.
SUPPLEMENTARY INFORMATION: OFCCP
published a final rule entitled
‘‘Implementation of Executive Order
13672 Prohibiting Discrimination Based
on Sexual Orientation and Gender
Identity by Contractors and
Subcontractors’’ on December 9, 2014.
This final rule amends the regulations
implementing Executive Order 11246 by
replacing the words ‘‘sex, or national
origin’’ with the words ‘‘sex, sexual
orientation, gender identity, or national
origin’’ as directed by Executive Order
13672, titled ‘‘Further Amendments to
Executive Order 11478, Equal
Employment Opportunity in the Federal
Government and Executive Order
11246, Equal Employment
Opportunity.’’ This final rule becomes
effective on April 8, 2015.
OFCCP submitted the information
collection request on December 8, 2014
to OMB for approval in accordance with
the Paperwork Reduction Act of 1995.
On March 17, 2015 OMB approved the
collections of information contained in
the final rule and assigned this
collection OMB Control Number 1250–
0009 title ‘‘Prohibiting Discrimination
Based on Sexual Orientation and
Gender Identity by Contractors and
Subcontractors.’’ The approval for the
collection expires on September 30,
2015. The approved collections of
information are:
• Amending the Equal Opportunity
Clause: Sections 60–1.4(a) and (b) and
60–4.3(a);
• Amending the Tag Line in Job
Advertisements and Solicitations:
Sections 60–1.4(a)(2), and 1.4(b)(2); and
• Reporting Denied Visas to
Department of State and OFCCP:
Section 60–1.10.
As required by the Paperwork
Reduction Act of 1995, the Federal
Register Notice for the final rule stated
that compliance with the collection of
information requirements was not
required until these requirements are
approved by OMB, and the Department
of Labor publishes a notice in the
Federal Register announcing that OMB
approved and assigned a control
number to the requirements. As
provided in 5 CFR 1320.5(b) and
1320.6(a), an agency may not conduct or
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sponsor a collection of information
unless the collection of information
displays a currently valid OMB control
number and the agency informs
members of the public who must
respond to the collection of information
that they are not required to respond to
the collection of information unless the
agency displays a currently valid OMB
control number.
Dated: March 25, 2015.
Debra A. Carr,
Director, Division of Policy and Program
Development, Office of Federal Contract
Compliance Programs.
[FR Doc. 2015–07216 Filed 3–30–15; 8:45 am]
BILLING CODE 4510–CM–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 140918791–4999–02]
RIN 0648–XD845
Fisheries of the Exclusive Economic
Zone Off Alaska; Inseason Adjustment
to the 2015 Gulf of Alaska Pollock
Seasonal Apportionments
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment.
AGENCY:
NMFS is adjusting the 2015
seasonal apportionments of the total
allowable catch (TAC) for pollock in the
Gulf of Alaska (GOA) by re-apportioning
unharvested pollock TAC in Statistical
Areas 610, 620, and 630 of the GOA.
This action is necessary to provide
opportunity for harvest of the 2015
pollock TAC, consistent with the goals
and objectives of the Fishery
Management Plan for Groundfish of the
Gulf of Alaska.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), March 26, 2015, until
2400 hours A.l.t., December 31, 2015.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
(Council) under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act.
SUMMARY:
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Agencies
[Federal Register Volume 80, Number 61 (Tuesday, March 31, 2015)]
[Rules and Regulations]
[Pages 16980-16996]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06946]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 140 and 143
46 CFR Parts 110 and 111
[Docket No. USCG-2012-0850]
RIN 1625-AC00
Electrical Equipment in Hazardous Locations
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is issuing regulations applicable to newly
constructed mobile offshore drilling units (MODUs), floating outer
continental shelf (OCS) facilities, and vessels other than offshore
supply vessels (OSVs) that engage in OCS activities. The regulations
expand the list of acceptable national and international explosion
protection standards and add the internationally accepted independent
third-party certification system, the International Electrotechnical
Commission System for Certification to Standards relating to Equipment
for use in Explosive Atmospheres (IECEx), as an accepted method of
testing and certifying electrical equipment intended for use in
hazardous locations. The regulations also provide owners and operators
of existing U.S. MODUs, floating OCS facilities, vessels other than
OSVs, and U.S. tank vessels that carry flammable or combustible
cargoes, the option of following this compliance regime as an
alternative to the requirements contained in existing regulations.
DATES: This final rule is effective April 30, 2015.
The Director of the Federal Register has approved the incorporation
by reference of certain publications listed in this rule, effective
April 30, 2015.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2012-0850 and are available for inspection or
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. You may also find this
docket online by going to https://www.regulations.gov and following the
instructions on that Web site.
Viewing material incorporated by reference. You may make
arrangements to view this material by calling the Coast Guard's Office
of Regulations and Administrative Law at 202-372-3870 or by emailing
HQS-SMB-CoastGuardRegulationsLaw@uscg.mil.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Raymond Martin, Systems Engineering Division (CG-ENG-
3), Coast Guard; telephone 202-372-1384, email
Raymond.W.Martin@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Regulatory History
III. Background
IV. Discussion of Comments and Changes
V. Incorporation by Reference
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 Reform Act
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. Abbreviations
ABS American Bureau of Shipping
ANSI American National Standards Institute
ASTM ASTM International
ATEX (Directive) Protective Systems Intended for use in Potentially
Explosive Atmospheres
[[Page 16981]]
BSEE Bureau of Safety and Environmental Enforcement
CFR Code of Federal Regulations
CSA Canadian Standards Association
DHS Department of Homeland Security
Ex Designation of explosion-protected electrical apparatus complying
with IEC standards
ExCB Ex Certification Body
FR Federal Register
IEC International Electrotechnical Commission
IECEx IEC Certification to Standards relating to Equipment for use
in Explosive Atmospheres
IEEE Institute of Electrical and Electronics Engineers
IMO International Maritime Organization
ISA International Society of Automation
ISO International Organization for Standardization
MSC Marine Safety Center
MODU Mobile Offshore Drilling Unit
NAVSEA Naval Sea Systems Command
NEC National Electrical Code
NEMA National Electrical Manufacturers Association
NEPA National Environmental Policy Act
NFPA National Fire Protection Association
NOSAC National Offshore Safety Advisory Committee
NPFC Naval Publications and Forms Center
NPRM Notice of Proposed Rulemaking
OCS Outer Continental Shelf
OMB Office of Management and Budget
OSV Offshore Supply Vessel
RP Recommended Practice
ULS Ultra Low Sulfur
U.S. United States
U.S.C. United States Code
II. Regulatory History
Notice of Proposed Rulemaking
On June 24, 2013, we published a notice of proposed rulemaking
(NPRM) in the Federal Register entitled Electrical Equipment in
Hazardous Locations (78 FR 37760). The NPRM proposed requiring third-
party testing and certification of electrical equipment in hazardous
locations by a Coast Guard-accepted independent third-party laboratory
in order to achieve uniform standards between U.S. and foreign vessels
and floating facilities. We received several requests to extend the 90-
day comment period until November 30, 2013. We granted these requests
and announced the extension in the Federal Register (78 FR 58989) on
September 25, 2013. We received 23 comment letters on the NPRM, and
considered all of these comments in developing this final rule. In
section VI below, we inserted a table that summarizes the changes
between the NPRM and the final rule.
Advisory Committee
In April 2013, the Coast Guard tasked the National Offshore Safety
Advisory Committee (NOSAC) to review and comment on a notice of policy
we published in the Federal Register (77 FR 71607) on December 3, 2012.
The policy recommended that electrical equipment on foreign mobile
offshore drilling units (MODUs) that had never operated on the outer
continental shelf (OCS), but were intended to do so, meet Chapter 6 of
the 2009 MODU Code of the International Maritime Organization (IMO) and
obtain equipment certification under the International Electrotechnical
Commission Certification to Standards relating to Equipment for use in
Explosive Atmospheres (IECEx) System. While NOSAC was reviewing the
notice of policy, we published the Electrical Equipment in Hazardous
Locations NPRM (78 FR 37760) in the Federal Register. The NPRM proposed
regulations similar to the recommendations contained in the notice of
policy. Unlike the notice of policy, however, the NPRM was not limited
to foreign MODUs but applied to all vessels and facilities that had
never operated on the outer continental shelf (OCS) but intended to.
Further, the NPRM proposed requiring that certification under the IECEx
System be conducted by Coast Guard accepted independent laboratories in
order to facilitate Coast Guard oversight of those laboratories. NOSAC
provided comments on the notice of policy and on the NPRM, and those
comments were considered in developing this final rule.
III. Background
A key finding of the Coast Guard's investigation of the MODU
DEEPWATER HORIZON explosion, fire, and sinking emphasized the
importance of proper electrical equipment installations in hazardous
locations during oil drilling exploration on U.S. and foreign MODUs.
The Coast Guard, therefore, reviewed the existing regulations for
hazardous locations; specifically, the requirements for electrical
equipment testing and certification and the standards applicable to
U.S. and foreign MODUs, floating OCS facilities, and vessels that
engage in OCS activities.
Currently, electrical equipment on U.S. vessels and floating
facilities that operate on the OCS must comply with 46 CFR subpart
111.105. This subpart adopts international and national standards and
requires the equipment to be tested and certified by a Coast Guard-
accepted independent third-party laboratory.
In contrast, foreign vessels and floating facilities that engage in
OCS activities must meet the requirements of 33 CFR subchapter N.
Currently, foreign floating OCS facilities must meet the same
engineering standards as U.S. floating OCS facilities, while foreign
vessels engaged in OCS activities on the U.S. OCS do not meet the same
engineering standards as U.S. vessels. While the Coast Guard supports
the development and adoption of international vessel safety standards,
the existing safety requirements of the International Convention on the
Safety of Life at Sea, 1974 (SOLAS) do not completely account for the
specifics of hydrocarbon production, processing, storage, and handling
systems, and the 2009 IMO MODU Code, which provides a recommended SOLAS
equivalency for MODUs, is not a legally binding instrument. For
electrical equipment in hazardous locations, we believe this rule is
necessary to ensure that all vessels engaged in OCS activities meet the
same, OCS-specific safety standards. In this final rule, therefore, we
require that new foreign MODUs, floating OCS facilities and vessels
meet the same standards for explosion protection in hazardous areas as
their U.S. counterparts before operating on the OCS. Additionally,
through this final rule, we expand the list of acceptable standards for
existing and new vessels and facilities.
IV. Discussion of Comments and Changes
As noted above, we received 23 comment letters in response to the
NPRM. Additionally, NOSAC submitted a report to the Coast Guard that
included their comments on the NPRM. We considered all of these
comments in the development of this final rule. The comments and our
responses have been grouped into subject-matter categories below. In
cases where the comment resulted in a change to the regulations
previously proposed in the NPRM, the change is specifically identified
and discussed.
Implementation Date
The NPRM's proposed implementation date was 30 days after
publication of the final rule. Fourteen comments stated that was
unreasonable. These commenters explained that over 200 MODUs were
either under contract, under construction or due to be constructed in
the next 5 years and that the costs of changing the specifications for
the electrical equipment located in hazardous locations would be much
greater than that indicated in Section VI of the NPRM.
We agree. While the estimates provided correspond to the global
MODU population currently under construction, a majority of which have
[[Page 16982]]
not historically sought to operate on the OCS, the associated burden on
vessels under construction is real. Thus, we have delayed the
implementation date of the requirements of 46 CFR subpart 111.108. The
requirements of 46 CFR subpart 111.108 will apply to MODUs, floating
OCS facilities, and vessels, other than offshore supply vessels
regulated under 46 CFR subchapter L, that are constructed after April
2, 2018 and that engage in OCS activities. Estimates of the affected
foreign flagged vessel population reside in the regulatory analysis
section of this final rule. The definition of ``constructed'' has been
added to 33 CFR 140.10 and 46 CFR 110.15-1(b). It is consistent with
the existing definition for ``constructed'' found in 46 CFR 170.055(f).
Constructed means either the date a keel is laid or the date that
construction identified with the vessel or facility has begun.
Existing U.S. MODUs, floating OCS facilities, and vessels, other
than offshore supply vessels (OSVs), and U.S. tank vessels that carry
flammable or combustible cargoes may immediately use the expanded list
of explosion protection standards and IECEx certification regime
identified in this final rule in lieu of the existing requirements in
Sec. Sec. 111.105-1 through 111.105-15.
2009 IMO MODU Code
The NPRM proposed the adoption of a selection of explosion
protection standards and certification schemes. Thirteen comments
suggested that the proposed regulations were unnecessary and that
compliance with the 2009 IMO MODU Code should be sufficient for all
vessels. Many of these comments further noted that the 2009 IMO MODU
Code already requires certification by an independent testing
laboratory. We agree in part. The Coast Guard supports the development
and adoption of international vessel safety standards. The Coast Guard
believes the 2009 IMO MODU Code provides helpful guidance for the
design and engineering of MODUs, particularly in supplementing SOLAS
with standards specific to hydrocarbon production, processing, storage,
and handling systems, and should be given appropriate effect by flag
administrations. However, the 2009 IMO MODU Code is not a legally
binding instrument and by its terms does not apply to vessels that are
not MODUs. Additionally, there are differing interpretations of the
``independent testing laboratory'' certification contained in the 2009
MODU Code. As the coastal state with jurisdiction, we find that it is a
necessary and reasonable safety measure to require that newly
constructed foreign vessels and floating facilities that engage in OCS
activities have uniform safety standards for explosion protection in
hazardous locations.
Cost of Compliance for Existing Foreign Vessels and Facilities
Ten comments addressed the cost of bringing into compliance with
the proposed rule existing MODUs that are currently not operated on the
OCS but the owners or operators intend them to do so. Those comments
stated that the cost of bringing the existing vessels into compliance
would likely exceed the cost published in the NPRM. In addition to
required equipment recertification and replacement costs, there would
be a loss of revenue during necessary downtime for replacement of
equipment that could equal or exceed all other costs.
We recognize that the costs to retrofit an existing MODU could be
prohibitive depending on the design, construction and type of operation
of an individual MODU. Because of this, we decided to make the final
rule applicable to vessels and facilities that are constructed after
April 2, 2018 and that engage in OCS activities. Existing vessels and
facilities will continue to be subject to the regulations and standards
effective at the time of their construction.
Similarly, one comment recommended that the Coast Guard address
electrical equipment in hazardous locations on MODUs currently on the
OCS. The Coast Guard disagrees. As explained earlier, this rule does
not require any existing vessel or facility to meet the requirements of
subpart 111.108 because the costs to retrofit existing equipment could
be prohibitive depending on the design, construction and type of
operation of an individual vessel or facility.
One comment stated that the Coast Guard should address electrical
equipment in hazardous locations on foreign oil and chemical tankers
and gas carriers entering U.S. ports. These vessels are outside the
scope of this rulemaking, which is confined to vessels and facilities
engaged in OCS activities. Additionally, foreign oil and chemical
tankers and gas carriers are already subject to international standards
and to Coast Guard inspection for compliance with those standards.
Sister Vessels of Vessels Already Operating on the OCS
Four comments requested that the final rule not apply to sister
vessels of vessels already operating on the OCS. They argued that these
vessels are identical in design to those existing vessels that the
Coast Guard is excluding from the requirements of this final rule.
Under the NPRM, vessels new to the OCS would have been subject to
the new requirements, whereas vessels and facilities that had
previously operated on the OCS would not. In this final rule, we have
changed the applicability to include only those vessels and facilities
that are constructed after April 2, 2018 and that engage in OCS
activities. This final rule, therefore, does not place new requirements
on any existing vessels or facilities nor any vessel or facility that
is constructed on or before April 2, 2018. Existing vessels or
facilities or those constructed on or before April 2, 2018 will remain
subject to the regulations and standards effective at the time of their
construction and will remain subject to Coast Guard inspection. Any
vessel or facility constructed after the implementation date will be
subject to the requirements of 46 CFR subpart 111.108 before operating
on the OCS.
Coast Guard Independent Laboratory Requirement
Eleven comments addressed the proposed requirement in 46 CFR
111.108-3 requiring the testing and certification of electrical
equipment in hazardous locations by an independent laboratory. The
definition of independent laboratory in the Coast Guard's Electrical
Engineering regulations is contained in 46 CFR 110.15-1, and means a
laboratory accepted by the Coast Guard using the independent laboratory
criteria found in 46 CFR 159.010. Commenters stated that this
requirement is burdensome and unnecessary, particularly for Ex
Certification Bodies (ExCBs) and Ex Testing Laboratories operating
under the IECEx System. Additionally, these commenters were concerned
that there were not enough independent laboratories accepted by the
Coast Guard, particularly within the IECEx System, to meet the demands
for equipment certifications necessary to comply with this final rule.
Further, the commenters stated that requiring Coast Guard-accepted
independent laboratories undermines use of international standards,
foreign flag administrations, and Recognized Organizations.
We disagree. First, there are differing interpretations of the
``independent testing laboratory'' certification contained in the 2009
MODU Code. U.S. MODUs, vessels and floating facilities, have been
subject to independent third-party testing for over 30 years because we
believe it is a critically important
[[Page 16983]]
element in preventing accidental explosions in hazardous locations. As
the coastal state with jurisdiction, we find that it is a necessary and
reasonable safety measure to require that newly constructed foreign
vessels and floating facilities that engage in OCS activities have
uniform safety standards for explosion protection in hazardous
locations. This final rule, therefore, requires compliance with uniform
explosion protection standards and certification regimes. The
requirement to use Coast Guard-accepted independent laboratories allows
the Coast Guard reasonable oversight of laboratories located worldwide
and is consistent with our existing regulations for U.S. vessels and
facilities engaged in OCS activities. Currently, the majority of ExCBs
are Coast Guard-accepted independent laboratories. We have contacted
all ExCBs to suggest that they apply for acceptance. We expect that if
the demand is present, additional ExCBs will apply for acceptance.
Because this final rule applies to new vessels and facilities
constructed after April 2, 2018, we expect system designers, equipment
manufacturers, and independent laboratories will be able to smoothly
transition from existing international standards to the requirements of
this final rule. Finally, the existing SOLAS standards do not
completely account for the particularities of vessels designed and
constructed for OCS activities, and the 2009 IMO MODU Code is neither
mandatory nor applicable to all vessels. Therefore, implementation of a
domestic standard for electrical equipment in hazardous locations is
necessary to ensure that all vessels engaged in U.S. OCS activities
meet uniform safety standards particular to OCS activities and does not
undermine international standards or organizations.
In a separate rulemaking, the Coast Guard published an interim rule
on August 18, 2014 (79 FR 48894) for U.S. offshore supply vessels
greater than 6,000 GT ITC. That interim rule also recognized the IECEx
System for certification of electrical equipment in hazardous
locations. Unlike section 111.108-3(b)(3) of this final rule, 46 CFR
111.106-3(b)(3)(iii) of the interim rule does not require certification
of electrical equipment in hazardous locations to be done by a Coast
Guard accepted independent laboratory. The Coast Guard recognizes the
inconsistency between 46 CFR 111.106-3(b)(3)(iii) of the interim rule
and 46 CFR 111.108-3(b)(3) of this final rule and intends to align 46
CFR 111.106-3(b)(3)(iii) with this final rule in a future rulemaking.
ATEX Equipment Certified by a Third-Party Independent Laboratory
Eight comments suggested the Coast Guard accept electrical
equipment with certification issued under the European Commission
Directive (94/9/EC) on equipment and Protective Systems Intended for
use in Potentially Explosive Atmospheres (ATEX Directive or ATEX).
We disagree. ATEX certification does not require independent third
party testing for all types of equipment. It also does not ensure that
electrical equipment installed in hazardous locations is fully tested
to relevant standards. When foreign MODUs and vessels have electrical
equipment installed in hazardous locations that is not independently
tested, there is not the same level of safety for explosion protection
in hazardous areas as required of U.S. vessels and floating facilities
that operate on the OCS and that are required to meet 46 CFR subpart
111.105. The ATEX Directive is a European conformity assessment scheme
designed to facilitate trade within Europe and is based on ``Essential
Health and Safety Requirements.'' Additionally, the ATEX Directive is
currently not applicable to seagoing vessels or MODUs and it is our
experience with ATEX certification that it can be difficult to
determine the extent of testing performed by the ``notified body \1\
''.
---------------------------------------------------------------------------
\1\ A notified body is an organization ``appointed by EU Member
States, either for approval and monitoring of the manufacturers'
quality assurance system or for direct product inspection.'' https://ec.europa.eu/enterprise/glossary/index_en.htm, retrieved February
24, 2014.
---------------------------------------------------------------------------
It is also important to recognize that some ATEX certified
electrical equipment may be acceptable under subpart 111.108 if it can
be demonstrated that the electrical equipment has been fully tested and
certified to the applicable standards contained in 46 CFR subchapter J
by an independent laboratory as defined in 46 CFR 110.15-1. Frequently,
equipment with ATEX certification also has certifications acceptable
under 46 CFR 111.108-3 of this final rule.
Two comments requested that the Coast Guard clarify a statement in
CG-ENG Policy Letter No. 01-13, Alternate Design and Equipment Standard
for Floating Offshore Installations (FOI) and Floating Production,
Storage, and Offloading (FPSO) Units on the U.S. Outer Continental
Shelf, of June 26, 2013. For hazardous locations, the policy letter
states that electrical equipment certified under the ATEX scheme will
not be accepted by the Coast Guard. As explained above, if the
equipment is also certified in accordance with one of the acceptable
methods listed in 46 CFR 111.108-3, in addition to its ATEX
certification, then the equipment is acceptable under 46 CFR 111.108-3
of this final rule.
Class I, Special Division 1 Hazardous Locations
Three comments said the proposed use of Class I, Special Division 1
in 46 CFR 111.108-3(e) may cause confusion as it is not a term
recognized by the National Fire Protection Association's (NFPA)
standard, NFPA 70, National Electrical Code (NEC), We disagree and have
not revised this section. Class I, Special Division 1 is intended to be
equivalent to Class I, Zone 0, and is consistent with Informational
Note No. 2 of Article 500.5(B)(3) of NFPA 70. Coast Guard regulations
have long recognized that certain spaces such as cargo pump rooms and
cargo tanks are more hazardous than other Class I, Division 1
locations. For these hazardous locations, we limit the types of
permitted electrical installations. Use of the term ``Class I, Special
Division 1'' simplifies the designation of these locations.
Electrical Equipment Inspection and Maintenance Requirements
Five comments recommended that the Coast Guard establish standards
for the design, installation, inspection, and maintenance of electrical
equipment in hazardous locations. Two comments suggested requiring an
onboard electrical equipment register that contains information
regarding electrical equipment and its inspection, maintenance, and
operational history. The commenters also suggest this information could
be reviewed by visiting Coast Guard marine inspectors or third-party
inspection personnel and could become part of a company's quality
system. We agree that competency and accurate recordkeeping are
critical to safety, but this recommendation is outside the scope of
this rulemaking.
``Operated on the OCS''
Under the NPRM, vessels and facilities new to the OCS would be
subject to the NPRM, whereas vessels and facilities that had previously
operated on the OCS, would not. Two comments requested that the Coast
Guard more clearly define what constitutes having ``operated on the
OCS.'' Because this final rule now applies only to vessels and
facilities constructed after April 2, 2018, that engage in OCS
activities, we believe no
[[Page 16984]]
further elaboration is needed, because the phrase ``operated on the
OCS'' is no longer used.
BSEE-USCG MOA, OCS-8, Regarding MODUs
Two comments requested clarification on the responsibilities of the
Coast Guard and of the Bureau of Safety and Environmental Enforcement
(BSEE) for electrical equipment in hazardous locations on MODUs under
the USCG/BSEE Memorandum of Agreement, OCS-8, signed June 4, 2013.
While the subject is outside the scope of this rulemaking because
neither agency's responsibilities with regard to regulating electrical
equipment located in hazardous locations are affected by this final
rule, it is relevant to understanding the regulatory requirements for
electrical equipment located in hazardous locations.
BSEE and Coast Guard have a shared responsibility for safety on the
OCS. In general, the Coast Guard is responsible for the vessel or
facility and all of its supporting systems while BSEE is responsible
for systems related to the drilling and production of resources.
Classification of hazardous locations and design of electrical systems
is a vessel-wide or facility-wide task and the Coast Guard maintains a
holistic view of the vessel or facility. The Coast Guard, in this rule,
provides an expanded list of standards that are applicable to systems
under the Coast Guard's jurisdiction as explained in BSEE-USCG MOA OCS-
8. The electrical safety standards contained in BSEE's OCS regulations,
30 CFR part 250, are acceptable to the Coast Guard. Frequently,
drilling and production components will be installed on vessels or
facilities on a temporary or semi-temporary basis. In general, BSEE
oversees these systems and if they find them acceptable, their
installation is acceptable to the Coast Guard.
Class I, Division 2 and Class I, Zone 2
Two comments suggested that electrical equipment in Division 2 or
Zone 2 locations be accepted without independent third-party
certification or be accepted with ATEX certification. The Coast Guard
agrees to the extent that applicable provisions of NFPA 70 and the 2009
IMO MODU Code permit. 46 CFR 111.108-3(b)(1) and (b)(2) incorporate by
reference Articles 500-504 and Article 505 of the NFPA 70. Articles
501.125(B) and 505.20(C) of the NFPA 70 allow the installation of
certain electrical equipment in these locations without independent
identification or listing if the equipment meets specific requirements
that reduce the risk of explosion. This final rule is not intended to
modify these standards. 46 CFR 111.108-3(b)(3) incorporates Chapter 6
of the 2009 IMO MODU Code and requires certification under the IECEx
System. The IECEx System requires independent certification for all
electrical equipment in hazardous areas. This final rule is not
intended to modify the IECEx System. Electrical system designers must
choose an explosion protection standards regime from the list of
acceptable options provided in 46 CFR 111.108-3 and comply with the
standards regime they chose.
American National Standards Institute (ANSI) and International Society
of Automation (ISA) Standards
One comment requested that the Coast Guard incorporate the latest
ANSI/ISA safety standards for hazardous locations. The Coast Guard
agrees and notes that 46 CFR 111.108-3(b) incorporates the ANSI/ISA
series of standards incorporated in NFPA 70, as it did in the NPRM.
Certain Required Equipment Not Meeting Zone 2 Requirements
Two comments noted that some required equipment located in
hazardous locations is not available as certified for Zone 2 areas,
such as search and rescue transponders. The Coast Guard agrees with
this comment, and notes that several standards included in this final
rule address this situation. The objective of this final rule is to
provide a selection of standards for certification of electrical
equipment in hazardous locations. Electrical equipment not meeting the
Class I, Zone 2 or Class I, Division 2 requirements, should be
installed as far as possible from hazardous locations, or if not
possible, located or installed in the least hazardous location.
Standards listed in 46 CFR 111.108-3 of this final rule do address
equipment such as this. Section 6.3.3 of IEC 61892-7:2007,\2\ which is
accepted by the 2009 IMO MODU Code, refers to an assessment for energy-
limited equipment and circuits that is provided in IEC 60079-15, ANSI/
ISA 60079-15, ANSI/ISA-12.12.01, and UL 1604. Similarly, non-third
party assessment provisions are provided in Article 501 of NFPA 70 for
electrical equipment without switching mechanisms, or similar arc
producing devices. These standards can be used when certain required
equipment is not available as certified for Zone 2 areas.
---------------------------------------------------------------------------
\2\ IEC 61892-7, Mobile and fixed offshore units--Electrical
installations--Part 7: Hazardous areas, Edition 2.0.
---------------------------------------------------------------------------
Acceptance of IECEx Certified Equipment
One comment asked if equipment tested to the IECEx System but not
yet marked as such would be acceptable. The commenter explained that
equipment is sometimes delivered before the IECEx Certificate of
Compliance is issued. Another comment noted that equipment can be
certified under both the ATEX Directive and the IECEx System but only
have ATEX labeling. Finally, a comment requested acceptance of
equipment consisting of assemblies of IECEx certified components rather
than requiring a certificate for the entire assembly.
These are compliance issues that can be very simple or very complex
depending on the type of equipment and will be addressed by the Marine
Safety Center (MSC) or cognizant Officer-in-Charge, Marine Inspection
on a case-by-case basis. When IECEx on any other Coast Guard accepted
independent third party certification is unclear, documentation must be
presented that demonstrates the equipment meets the applicable
requirements. Any equipment or assembly of equipment must meet all the
requirements of the IECEx System. It is not the Coast Guard's intent to
modify the IECEx System.
Ultra Low Sulfur (ULS) Diesel Fuels
One comment requested that the Coast Guard consider lowering the
minimum flashpoint that defines hazardous locations, because Ultra Low
Sulfur (ULS) diesel fuels are being produced against a minimum
flashpoint of 52[deg] C, rather than the 60[deg] C minimum that has
served as the basis for both Coast Guard and IMO requirements to date.
We are unable to make this change in the final rule because it was not
proposed in the NPRM. The minimum flashpoint of 60[deg] C exists in
numerous standards and regulations including 46 CFR 111.105-29, 46 CFR
111.105-31, 46 CFR 58.01-10, numerous locations within SOLAS, and IEC
60092-502:1999. We may consider proposing a change to the minimum
flashpoint in a future rulemaking. This will provide the public the
opportunity to comment on the proposal. Until that occurs, the MSC can
accept arrangements that provide an equivalent level of safety in
accordance with 46 CFR 110.20-1.
IECEx Certified Equipment in Class I, Division 1 and Class I, Division
2 Locations
One commenter requested that drill floor equipment that is IECEx
certified for Class I, Zone 1 or Class I, Zone 2 be
[[Page 16985]]
permitted on drill floors classified to Class I, Division 1 or Class I,
Division 2. Equipment certified using the zone classification system,
regardless of whether certification was by a Coast Guard-accepted
independent laboratory or IECEx ExCB, is permitted in locations that
are classified using the division classification system in accordance
with Article 501.5 of NFPA 70, NEC. The same commenter requested that
drill floors be allowed to be classified under both systems so that
both zone and division certified equipment could be used. We do not
favor one classification system over the other and we are not opposed
to dual classification, but we caution that great care must be taken.
While both systems offer comparable levels of safety the two systems
are not identical or interchangeable. Indiscriminate ``mixing and
matching'' of systems could result in errors that result in lower
levels of safety. This limits the benefit of dual classification.
Article 505.7 of NFPA 70 provides details on dual classification. Any
mixing of classification systems should be done in accordance with NFPA
70 to ensure that the requirements of 46 CFR subpart 111.108 are met.
V. Incorporation by Reference
The Director of the Federal Register has approved the material in
Sec. 110.10-1 for incorporation by reference under 5 U.S.C. 552 and 1
CFR part 51. Copies of the material are available from the sources
listed in that section.
VI. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on these statutes or E.O.s.
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 both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility.
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 as supplemented by Executive Order 13563, and
does not require an assessment of potential costs and benefits under
section 6(a)(3) of that Order. The Office of Management and Budget
(OMB) has not reviewed it under that Order. Nonetheless, we developed
an analysis of the costs and benefits of the rule to ascertain its
probable impacts on industry.
A summary of the changes between the NPRM and the final rule
follows:
Table 1--Changes Between NPRM and Final Rule
----------------------------------------------------------------------------------------------------------------
Stage
Subject ----------------------------------------------------- Impact
NPRM Final rule
----------------------------------------------------------------------------------------------------------------
Affected Population.............. U.S. and foreign vessels Under the final rule, Allows existing vessels
and floating OCS only vessels and and facilities as well
facilities that are new facilities constructed as those currently
to the OCS or newly after April 2, 2018 under contract or
built. will be subject to the construction to avoid
rule. potentially costly
retrofit/
recertification costs.
Implementation Date.............. Affected population Changed to 3 years after Allows owners and
required to comply by effective date of the operators to avoid
the effective date, rule. recertification costs
which is 30 days after for vessels or
final rule is published. facilities currently
under contract or
construction.
----------------------------------------------------------------------------------------------------------------
Discussion of Applicable Regulatory Assessment Comments and Changes
The Coast Guard received several comments on the published NPRM.
These comments have been grouped by topic, as several comments
addressed similar concerns, and are discussed in the following table.
Table 2--NPRM Comment Topics and Responses
------------------------------------------------------------------------
------------------------------------------------------------------------
Implementation Date.......... Several commenters voiced their concern
that the 30 day period between
publication of the final rule and the
effective date of the requirements was
too brief and did not allow sufficient
time for vessel and facility owners to
come into compliance. Changing the
implementation date from 30 days to 3
years after publication of the rule
addresses this concern and provides
owners and operators of the affected
population the amount of time deemed
sufficient by both the Coast Guard and
commenters alike, to meet the
requirements of this rule.
Compliance costs for vessels Several comments addressed the concern
currently under contract or that vessels currently under contract or
construction. construction could face recertification
costs before the vessel has been
completed. For example, one such comment
stated, ``Proposed regulations will
block entry onto the OCS of over 200
MODUs, built to the 2009 MODU Code, that
are currently under contracting or
construction.'' The Coast Guard
acknowledges the potential cost
associated with vessels currently under
design or construction. Estimates
suggest that designs and contracts are
sometimes set as much as 3 years in
advance. It is for this reason that we
have changed the implementation date to
3 years after the publication of the
rule. A 3 year delayed implementation
date allows vessels currently under
contract or construction to remain
subject to the regulations in effect at
the time that their construction began.
Changing the implementation date to 3
years after the publication of the rule
allows owners and operators of vessels
currently under contract or construction
to avert any costs associated with the
requirements of this rule.
[[Page 16986]]
Existing foreign vessels and Several comments addressed existing MODUs
facilities. that do not currently operate on the OCS
but intend to operate on the OCS and the
cost of bringing them into compliance
with the regulations prescribed in the
NPRM. We recognize that the costs of
retrofitting and/or recertifying
existing MODUs could be prohibitive
depending on the individual MODU.
Because of this, we revised the rule's
applicability to include only those
vessels and facilities that are
constructed after April 2, 2018 and that
operate on the OCS. Existing vessels and
facilities or vessels and facilities
constructed on or before April 2, 2018
will continue to be subject to the
regulations and standards effective at
the time of their construction.
Accuracy of Recertification Some commenters stated that the burden to
Cost Model and Estimates. industry would likely exceed the cost
published in the NPRM for existing
vessels/MODUs. In addition to required
equipment recertification and
replacement costs, there would be a loss
of revenue during necessary downtime for
replacement of equipment that could
equal or exceed all other costs. As
noted previously, due to the burden for
existing vessels or vessels currently
under contract or construction, the
Coast Guard modified the rule's affected
population to include only those vessels
and facilities that are constructed
after April 2, 2018 and that engage in
OCS activities.
Barriers to trade............ One commenter suggested the proposal
would impose U.S.-specific requirements
that are above and beyond international
norms, and would create a non-tariff
barrier to trade that would restrict the
availability of rigs for the U.S.
market. The Coast Guard does not foresee
any barriers to trade. Coast Guard used
NIST's process to notify foreign
governments of our proposed NPRM and no
comments were received as a result of
that outreach.
------------------------------------------------------------------------
Costs: U.S. Vessels
We do not anticipate any costs to be borne by the U.S.-flagged
vessels that will be affected by this rule. The rule requires that all
U.S. vessels, excluding OSVs that are regulated under 46 CFR subchapter
L, that are constructed after April 2, 2018 and engage in OCS activity,
comply with the newly created subpart 111.108. U.S. flagged vessels
which fall within this scope are provided with an expanded list of
standards and certification options.
Subpart 111.108 will not impose any burden on U.S. vessels due to
the nature of current industry practice. Because North American
certification of electrical equipment is generally to the most current
edition of the published reference standards,\3\ we do not anticipate
new equipment will be tested and certified to the standards referenced
in subpart 111.105 when more current, updated editions of the standards
are available.
---------------------------------------------------------------------------
\3\ Confirmed by Principal Engineer--Global Hazardous Locations
Product Safety, UL LLC., 12/26/2012.
---------------------------------------------------------------------------
The logic applied to U.S. vessels, excluding OSVs as discussed
above, applies to U.S. MODUs and floating OCS facilities as well. We do
not anticipate any cost burden associated with this rule to be imposed
on this vessel class. We believe this because the affected population
are those U.S. MODUs and floating OCS facilities that are constructed
after April 2, 2018. These vessels will be subject to subpart 111.108,
a subpart that contains the updated standards to which new equipment
will be certified. As with the vessels discussed earlier, in the
absence of subpart 111.108, new equipment would be built to the most
current standards as a matter of industry practice. Under this final
rule, this scenario will not require any costs to the vessel owner as
there is no change in the regulatory environment for U.S. MODUs and
floating OCS facilities.
Under this final rule, all U.S. MODUs, floating OCS facilities,
vessels other than OSVs, and U.S. tank vessels may comply with this new
subpart in lieu of Sec. Sec. 111.105-1 through 111.105-15. We do not
foresee any additional costs to the owners of these vessels and
facilities by providing this option but if there are additional costs,
there is expected to be equal or greater benefit to the owner driving
the selection of this option. Currently, the regulations for electrical
installations in hazardous locations are contained in subpart 111.105.
This regulation will expand the available subparts to include subpart
111.108, while still allowing owners and operators the option to remain
subject to existing subpart 111.105.
Costs: Foreign Vessels
While the modification of the affected population aids us in
estimating the effects of the proposed rulemaking, it does not further
refine the costs which are applied to the population. As some
commenters on the NPRM document have reinforced, the estimated costs
associated with the rule could vary widely. Industry costs were
constructed from a variety of elements, for example the cost of
certifying equipment or the opportunity cost of recertification of said
equipment. With the modification of the affected population we are able
to drop the opportunity cost from our analysis, which allows us to
further streamline our discussion of the costs for the rulemaking. What
remains is the cost associated with third party certification of
equipment.
Currently, foreign vessels are not required to utilize third party
certified equipment in hazardous areas unless explicitly required by
their flag state. Implementation of the final rule will require
certification by a Coast Guard approved, independent laboratory which,
in effect, changes the baseline for newly constructed foreign vessels.
Foreign flagged vessels constructed 3 years after the implementation
date seeking entrance to the OCS in pursuit of OCS activities will be
required to utilize third party certified equipment where previously
this was not explicitly required. Our analysis of this baseline change
is clouded by the aggregate nature of the cost of certification. When
an entity purchases equipment for use in a hazardous location on a
vessel, the marginal cost of the certification element of the purchase
price is not itemized for the purchaser. The certification cost is
present in the purchase price as a value added component of the total
price of the equipment. As such, we are not able to explicitly
determine the marginal cost difference between equipment certified by a
third party and those without third party certification. Additionally,
the list of equipment present in these locations, and required to be
third party certified, is diverse. For example, one equipment list
obtained by the Coast Guard contained equipment which ranged in
complexity from a fluorescent light to elements of the tank temperature
monitoring system.
While the cost estimation is obtuse, it is not insurmountable. We
have several elements which should allow us to construct a range for
the final rule's associated costs. On the high end of the
[[Page 16987]]
range, we have the cost to replace all of the electrical installations
in a representative vessel. While not specifically applicable to a
newly built vessel, it is an appropriate estimate of the costs
associated with replacement of electrical installations in hazardous
areas. This estimate contains the costs associated with replacement of
both the equipment and the certification on a U.S. flagged vessel,
which are already subject to the certification requirements in this
final rule.
The $500,000 cost quote \4\ for replacement of the equipment
appropriate for a hazardous location on a vessel is useful as a cost
ceiling. The replacement cost for this equipment, contains that which
is associated with the third party certification, in addition to the
price of the equipment itself. This functions well as a price ceiling
as we can be sure that the marginal cost of third party certification
will fall below this point estimate, as it is not likely to be above
the full cost of the equipment with its associated certification.
---------------------------------------------------------------------------
\4\ Regulatory Advisor--ExxonMobil, 8/14/2012.
---------------------------------------------------------------------------
The cost floor is a function of costs potentially accrued to a
hypothetical vessel to be built in the future. In some cases these
vessels would be built to the certification specifications contained in
this final rule anyway, in which case they would accrue no additional
costs from this rule. However, due to the probable greater cost of
third-party-certified equipment, we can assume that, without this
rulemaking, some equipment would be installed without third party
certification. Table 3 presents the range.
Table 3--Cost Range
------------------------------------------------------------------------
Low-cost floor Average High-cost ceiling
------------------------------------------------------------------------
$0 $250,000 $500,000
------------------------------------------------------------------------
Affected Population
The Coast Guard-maintained MISLE database, contains records of all
applicable vessels operating on the OCS in pursuit of OCS activities.
Historic data extracted from this database is presented below in Table
4.
Table 4--MISLE Historic Data
------------------------------------------------------------------------
Build year Frequency
------------------------------------------------------------------------
2004.................................................... 0
2005.................................................... 1
2006.................................................... 0
2007.................................................... 0
2008.................................................... 2
2009.................................................... 4
2010.................................................... 3
2011.................................................... 2
2012.................................................... 2
2013.................................................... 3
---------------
Total................................................. 17
Average................................................. * 2
------------------------------------------------------------------------
* Rounded.
Over the past 10 years, 17 foreign vessels have been built which
would fall under this rule's application. The database was filtered to
include foreign vessels, those vessel classes which would potentially
be on the OCS in pursuit of OCS activities, and have build years within
the past decade. Evaluation of this data found that on average, 2
foreign vessels are built per year which could seek entrance to the US
OCS in pursuit of OCS activities.
Therefore, the range of costs associated with this rulemaking will
fall between $0 (2 Vessels * $0) and $1,000,000 (2 vessels * $500,000)
per year with an average per year cost of $500,000 (2 vessels *
$250,000).
------------------------------------------------------------------------
Cost estimate
-------------------------------------------------------------------------
Low-cost floor Average High-cost ceiling
------------------------------------------------------------------------
$0 $500,000 $1,000,000
------------------------------------------------------------------------
NPRM vs Final Rule
Burden estimates in the NPRM were $800,000 per year. With the
changes that the final rule makes to the affected population, the
yearly costs have been reduced, by an estimation that is upwards of
37%.
[GRAPHIC] [TIFF OMITTED] TR31MR15.002
Benefits
We are unable to monetize benefits. We can find no casualties that
would have been prevented by these regulations. However, third-party
testing and certification for critical equipment, such as electrical
equipment intended for use in hazardous locations, addresses a
potentially catastrophic hazard consisting of an explosive gas or vapor
combined with an electrical ignition source, and is generally
understood by industry as an appropriate measure that enhances safety
and protects life, the environment, and property.
Alternatives
We considered five alternatives when evaluating the effects of this
final rule. The first, abstaining from action, was rejected because it
allows a regulatory imbalance and a potential safety gap to exist
between foreign vessels and U.S. vessels operating on the OCS.
The second alternative we considered was to require both U.S. and
foreign vessels and facilities to adhere to the existing international
standards. This alternative was deemed insufficient because compliance
with international standards, such as the 2009 IMO Code, is subject to
the interpretation of the applicable flag administration. An example of
an undesired consequence of this alternative would be the acceptance of
ATEX certified equipment. The Coast Guard, however, will not accept
ATEX certifications because evidence of full testing to the applicable
harmonized 60079 series of standards by an independent third-party
laboratory is not guaranteed. Consistent with preexisting Coast Guard
practices, third-party testing and certification for critical equipment
is generally required.
The third alternative we considered was to require foreign vessels
and floating facilities to meet current U.S. standards. This
alternative was not selected because we believe that requiring
compliance with U.S. standards is unnecessary when there are comparable
international standards acceptable to the Coast Guard. Because these
latest editions of internationally recognized standards for explosion
protection offer owners and operators greater flexibility, while also
avoiding the costs of coastal state-specific requirements, we are
expanding the list of international explosion protection standards
deemed acceptable.
The fourth alternative, implementing the regulations in this final
rule, puts in place a regulatory regime that will allow for both the
U.S., as the coastal state, and industry to be confident in the
certification and assessment of electrical equipment intended for use
in hazardous locations. This will be achieved through the use of the
most current, internationally recognized standards for explosion
protection and independent third-party certification. The regulations
in this final rule expand the list of national and international
explosion protection standards deemed acceptable for U.S. operators.
A fifth and final alternative is that which was presented to the
public in the NPRM. This alternative included the application of the
NPRM regulations to existing vessels before those vessels engaged in
OCS activities for the first
[[Page 16988]]
time. This alternative would have included foreign vessels currently
under contract or construction. We determined that this alternative
would force an undue burden on the industry due primarily to the cost
effects. Industry's comments to the docket suggest that the compliance
cost per vessel could be cost prohibitive. With current estimates of
219 foreign MODUs in some stage of construction, the cost of this
alternative could have potentially outpaced its benefits.
B. Small Entities
Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have
considered whether this rule will 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.
We do not anticipate any effect on small entities. As noted in the
previous discussion, there is no anticipated cost burden placed on U.S.
entities by this rule and, as such, we do not anticipate any effect on
small entities that would be addressed by this section. Therefore, the
Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not
have a significant economic impact on a substantial number of small
entities.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we offered to assist small
entities in understanding this rule so that they could better evaluate
its effects on them and participate in the rulemaking. The Coast Guard
will not retaliate against small entities that question or complain
about this 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 rule calls for no new collection of information under the
Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520.
E. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the 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 rule under that Order and have
determined that it is consistent with the fundamental principles and
preemption requirements described in Executive Order 13132. Our
analysis is explained below.
It is well settled that States may not regulate in categories
reserved for exclusive regulation by the Coast Guard. It is also well
settled that all of the categories for inspected vessels 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 fields foreclosed
from regulation by the States. (See the decision of the Supreme Court
in the consolidated cases of United States v. Locke and Intertanko v.
Locke, 529 U.S. 89, 120 S.Ct. 1135 (March 6, 2000).) This final rule
regulates electrical equipment standards on inspected vessels. As such,
States may not regulate within this category. Therefore, the rule is
consistent with the principles of federalism and preemption
requirements in Executive Order 13132.
F. Unfunded Mandates Reform Act
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 $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
G. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under E.O. 12630 (``Governmental Actions and
Interference with Constitutionally Protected Property Rights'').
H. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988, (``Civil Justice Reform''), to minimize litigation,
eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this rule under E.O. 13045 (``Protection of
Children from Environmental Health Risks and Safety Risks''). This 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 rule does not have tribal implications under E.O. 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 rule under E.O. 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 E.O. 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 rule uses the following voluntary consensus standards:
ANSI/ISA-12.12.01-2012--Nonincendive Electrical Equipment for
Use in Class I and II, Division 2 and Class III, Divisions 1 and 2
Hazardous (Classified) Locations,
[[Page 16989]]
approved 9 July 2012 (``ANSI/ISA 12.12.01'')
ANSI/ISA-60079-18--explosive atmospheres--Part 18: Equipment
protection by encapsulation ``m'', Third Edition, approved 14 September
2012 (``ANSI/ISA 60079-18 (2012)'')
UL 674--Standard for Safety: Electric Motors and Generators
for Use in Hazardous (Classified) Locations, Fifth Edition, dated May
31, 2011 (with revisions through July 19, 2013) (``ANSI/UL 674
(2013)'')
UL 823--Electric Heaters for Use in Hazardous (Classified)
Locations, Ninth Edition including revisions through November 15, 2007
(dated October 20, 2006) (``ANSI/UL 823'')
UL 844--Electric Lighting Fixtures for Use in Hazardous
(Classified) Locations, Thirteenth Edition, dated June 29, 2012
(``ANSI/UL 844 (2012)'')
UL 913--Standard for Safety: Intrinsically Safe Apparatus and
Associated Apparatus for use in Class I, II and III, Division 1,
Hazardous Locations, Seventh Edition, Dated July 31, 2006 (including
revisions through June 3, 2010) (``ANSI/UL 913'')
UL 1203--Explosion-proof and Dust-ignition Proof Electrical
Equipment for use in Hazardous (Classified) Locations, Fourth Edition,
Dated September 15, 2006 (including revisions through October 28, 2009)
(``ANSI/UL 1203'')
UL 2225--Standard for Safety: Cables and Cable-Fittings for
use in Hazardous (Classified) Locations, Third Edition, dated February
25, 2011 (``ANSI/UL 2225 (2011)'')
ASTM F2876-10--Standard Practice for Thermal Rating and
Installation of Internal Combustion Engine Packages for use in
Hazardous Locations in Marine Applications, approved November 1, 2010
(``ASTM F2876-10'')
CSA C22.2 No. 30-M1986--Explosion-Proof Enclosures for Use in
Class I Hazardous Locations, Reaffirmed 2007 (``CSA C22.2 No. 30-
M1986'')
CSA C22.2 No. 213-M1987--Non-incendive Electrical Equipment
for Use in Class I, Division 2 Hazardous Locations, Reaffirmed 2008
(``CSA C22.2 No. 213-M1987'')
CAN/CSA-C22.2 No. 0-M91--General Requirements--Canadian
Electrical Code, Part II, Reaffirmed 2006 (``CSA C22.2 No. 0-M91'')
CAN/CSA-C22.2 No. 157-92--Intrinsically Safe and Non-incendive
Equipment for Use in Hazardous Locations, Reaffirmed 2006 (``CSA C22.2
No. 157-92'')
FM Approvals Class Number 3600--Approval Standard for Electric
Equipment for use in Hazardous (Classified) Locations General
Requirements, November 1998 (``FM Approvals Class Number 3600'')
FM Approvals Class Number 3610--Approval Standard for
Intrinsically Safe Apparatus and Associated Apparatus for Use in Class
I, II, and III, Division 1, Hazardous (Classified) Locations, January
2010 (``FM Approvals Class Number 3610'')
FM Approvals Class Number 3611--Approval Standard for
Nonincendive Electrical Equipment for Use in Class I and II, Division
2, and Class III, Divisions 1 and 2, Hazardous (Classified) Locations,
December 2004 (``FM Approvals Class Number 3611'')
FM Approvals Class Number 3615--Approval Standard for
Explosionproof Electrical Equipment General Requirements, August 2006
(``FM Approvals Class Number 3615'')
FM Approvals Class Number 3620--Approval Standard for Purged
and Pressurized Electrical Equipment for Hazardous (Classified)
Locations, August 2000 (``FM Approvals Class Number 3620'')
IEC 60079-1:2007--Explosive atmospheres--Part 1: Equipment
protection by flameproof enclosures ``d'', Sixth edition, 2007-04
IEC 60079-2:2007--Explosive atmospheres--Part 2: Equipment
protection by pressurized enclosures ``p'', Fifth edition, 2007-02
IEC 60079-5:2007--Explosive atmospheres--Part 5: Equipment
protection by powder filling ``q'', Third edition, 2007-03
IEC 60079-6:2007--Explosive atmospheres--Part 6: Equipment
protection by oil immersion ``o'', Third edition, 2007-03
IEC 60079-7:2006--Explosive atmospheres--Part 7: Equipment
protection by increased safety ``e'', Fourth edition, 2006-07
IEC 60079-11:2011--Explosive atmospheres--Part 11: Equipment
protection by intrinsic safety ``i'', Edition 6.0, 2011-06
IEC 60079-13:2010--Explosive atmospheres--Part 13: Equipment
protection by pressurized room ``p'', Edition 1.0, 2010-10
IEC 60079-15:2010--Explosive atmospheres--Part 15: Equipment
protection by type of protection ``n'', Edition 4.0, 2010-01
IEC 60079-18:2009--Explosive atmospheres--Part 18: Equipment
protection by encapsulation ``m'', Edition 3.0, 2009-05
IEC 60079-25:2010--Explosive atmospheres--Part 25:
Intrinsically safe electrical systems, Edition 2.0, 2010-02
IEC 60092-502:1999--Electrical installations in ships--Part
502: Tankers--Special features, Fifth edition, 1999-02
IEC 61892-7:2007--Mobile and fixed offshore units--Electrical
installations--Part 7: Hazardous areas, Edition 2.0, 2007-11
NFPA 70--National Electrical Code, 2011 Edition (``NFPA 70'')
NFPA 496--Standard for Purged and Pressurized Enclosures for
Electrical Equipment, 2013 Edition (``NFPA 496 (2013)'')
UL 1604 -Electrical Equipment for use in Class I and II,
Division 2 and Class III Hazardous (Classified) Locations, Third
Edition, Dated April 28, 1994 (including revisions through February 5,
2004) (``UL 1604'')
The sections that reference these standards and the locations where
these standards are available are listed in 46 CFR 110.10-1.
This rule also uses technical standards other than voluntary
consensus standards.
IMO Resolution A.1023(26), Code for the Construction and
Equipment of Mobile Offshore Drilling Units, 2009, 19 January 2010
(``2009 IMO MODU Code'')
The section that references this standard and the locations where
this standard is available are listed in 46 CFR 110.10-1.
M. Environment
We have analyzed this final rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. This final rule is categorically excluded under section
2.B.2, figure 2-1, paragraphs (34)(a), (d) and (e) of the Instruction
and under section 6(a) of the ``Appendix to National Environmental
Policy Act: Coast Guard Procedures for Categorical Exclusions, Notice
of Final Agency Policy'' (67 FR 48244, July 23, 2002).'' This final
rule involves regulations which are editorial and concern inspection
and equipping of vessels and regulations concerning vessel operation
safety standards. An environmental analysis checklist and a categorical
exclusion determination are available in
[[Page 16990]]
the docket where indicated under ADDRESSES.
List of Subjects
33 CFR Part 140
Continental shelf, Investigations, Marine safety, Occupational
safety and health, Penalties, Reporting and recordkeeping requirements.
33 CFR Part 143
Continental shelf, Marine safety, Occupational safety and health,
Vessels.
46 CFR Part 110
Reporting and recordkeeping requirements, Vessels, Incorporation by
reference.
46 CFR Part 111
Vessels.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 140 and 143 and 46 CFR parts 110 and 111 as follows:
Title 33--Navigation and Navigable Waters
CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
SUBCHAPTER N--OUTER CONTINENTAL SHELF ACTIVITIES
PART 140--GENERAL
0
1. The authority citation for part 140 continues to read as follows:
Authority: 43 U.S.C. 1333, 1348, 1350, 1356; Department of
Homeland Security Delegation No. 0170.1.
0
2. Amend Sec. 140.10 by adding a definition for ``Constructed'' in
alphabetical order to read as follows:
Sec. 140.10 Defintions.
* * * * *
Constructed means the date--
(1) The vessel's keel was laid; or
(2) Construction identifiable with the vessel or facility began and
assembly of that vessel or facility commenced comprising of 50 metric
tons or at least 1 percent of the estimated mass of all structural
material, whichever is less.
* * * * *
PART 143--DESIGN AND EQUIPMENT
0
3. The authority citation for part 143 continues to read as follows:
Authority: 43 U.S.C. 1333(d)(1), 1348(c), 1356; 49 CFR 1.46;
section 143.210 is also issued under 14 U.S.C. 664 and 31 U.S.C.
9701.
0
4. Amend Sec. 143.120 by adding paragraphs (d) to read as follows:
Sec. 143.120 Floating OCS facilities.
* * * * *
(d) Each floating OCS facility that is constructed after April 2,
2018 must comply with the requirements of 46 CFR subpart 111.108 prior
to engaging in OCS activities.
0
5. Add Sec. 143.208 to read as follows:
Sec. 143.208 Hazardous location requirements on foreign MODUs.
Each mobile offshore drilling unit that is documented under the
laws of a foreign nation and is constructed after April 2, 2018 must
comply with the requirements of 46 CFR subpart 111.108 prior to
engaging in OCS activities.
0
6. Add Sec. 143.302 to read as follows:
Sec. 143.302 Hazardous location requirements on foreign vessels
engaged in OCS activities.
Each vessel that is documented under the laws of a foreign nation
and is constructed after April 2, 2018 must comply with the
requirements of 46 CFR subpart 111.108 prior to engaging in OCS
activities.
Title 46--Shipping
CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
SUBCHAPTER J--ELECTRICAL ENGINEERING
PART 110--GENERAL PROVISIONS
0
7. The authority citation for part 110 continues to read as follows:
Authority: 33 U.S.C. 1509; 43 U.S.C 1333; 46 U.S.C. 3306, 3307,
3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department
of Homeland Security Delegation No. 0170.1; Sec. 110.01-2 also
issued under 44 U.S.C. 3507. Sections 110.15-1 and 110.25-1 also
issued under sec. 617, Pub. L. 111-281, 124 Stat. 2905.
0
8. Revise Sec. 110.10-1 to read as follows:
Sec. 110.10-1 Incorporation by reference.
(a) Certain material is incorporated by reference into this
subchapter with the approval of the Director of the Federal Register
under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other
than that specified in this section, the Coast Guard must publish
notice of change in the Federal Register and the material must be
available to the public. The word ``should,'' when used in material
incorporated by reference, is to be construed the same as the words
``must'' or ``shall'' for the purposes of this subchapter. All approved
material is available for inspection at the U.S. Coast Guard, Office of
Design and Engineering Standards (CG-ENG), 2703 Martin Luther King Jr
Ave. SE., Stop 7418, Washington, DC 20593-7418, and is available from
the sources listed below. It is also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030 or go to
https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) American Bureau of Shipping (ABS), ABS Plaza, 16855 Northchase
Drive, Houston, TX 77060, 281-877-5800, https://www.eagle.org.
(1) Rules for Building and Classing Steel Vessels, Part 4 Vessel
Systems and Machinery, 2003 (``ABS Steel Vessel Rules''), IBR approved
for Sec. Sec. 110.15-1, 111.01-9, 111.12-3, 111.12-5, 111.12-7,
111.33-11, 111.35-1, 111.70-1, 111.105-31, 111.105-39, 111.105-40, and
113.05-7 of this chapter.
(2) Rules for Building and Classing Mobile Offshore Drilling Units,
Part 4 Machinery and Systems, 2001 (``ABS MODU Rules''), IBR approved
for Sec. Sec. 111.12-1, 111.12-3, 111.12-5, 111.12-7, 111.33-11,
111.35-1, and 111.70-1 of this chapter.
(c) American National Standards Institute (ANSI), 25 West 43rd
Street, New York, NY 10036, 212-642-4900, https://www.ansi.org/.
(1) ANSI/IEEE C37.12-1991--American National Standard for AC High-
Voltage Circuit Breakers Rated on a Symmetrical Current Basis-
Specifications Guide, 1991 (``ANSI/IEEE C37.12''), IBR approved for
Sec. 111.54-1 of this chapter.
(2) ANSI/IEEE C37.27-1987 (IEEE Std 331)--Application Guide for
Low-Voltage AC Nonintegrally Fused Power Circuitbreakers (Using
Separately Mounted Current-Limiting Fuses), 1987 (``ANSI/IEEE
C37.27''), IBR approved for Sec. 111.54-1 of this chapter.
(3) ANSI/ISA 12.12.01-2012--Nonincendive Electrical Equipment for
Use in Class I and II, Division 2 and Class II, Divisions 1 and 2
Hazardous (Classified) Locations, approved 9 July 2012 (``ANSI/ISA
12.12.01''), IBR approved for Sec. 111.108-3(b) of this chapter.
(4) ANSI/ISA-60079-18--Electrical Apparatus for Use in Class I,
Zone 1 Hazardous (Classified) Locations: Type of Protection--
Encapsulation ``m'', approved July 31, 2009 (``ANSI/ISA 60079-18''),
IBR approved for Sec. 111.106-3(d) of this chapter.
(5) ANSI/ISA-60079-18--Explosive atmospheres--Part 18: Equipment
protection by encapsulation ``m'', Third Edition, approved 14
September, 2012 (``ANSI/ISA 60079-18 (2012)''), IBR approved for Sec.
111.108-3(e) of this chapter.
(d) American Petroleum Institute (API), Order Desk, 1220 L Street
NW.,
[[Page 16991]]
Washington, DC 20005-4070, 202-682-8000, https://www.api.org.
(1) API RP 500--Recommended Practice for Classification of
Locations for Electrical Installations at Petroleum Facilities
Classified as Class I, Division 1 and Division 2, Second Edition,
November 1997, reaffirmed in 2002 (``API RP 500''), IBR approved for
Sec. Sec. 111.106-7(a) and 111.106-13(b) of this chapter.
(2) API RP 505--Recommended Practice for Classification of
Locations for Electrical Installations at Petroleum Facilities
Classified as Class I, Zone 0, Zone 1, and Zone 2, First Edition,
approved January 7, 1998 (dated November 1997), reaffirmed 2002 (``API
RP 505''), IBR approved for Sec. Sec. 111.106-7(a) and 111.106-13(b)
of this chapter.
(e) ASME, Three Park Avenue, New York, NY 10016-5990, 800-843-2763,
https://www.asme.org.
(1) ASME A17.1-2000 Part 2 Electric Elevators, 2000 (``ASME
A17.1''), IBR approved for Sec. 111.91-1 of this chapter.
(2) [Reserved]
(f) ASTM International (ASTM), 100 Barr Harbor Drive, West
Conshohocken, PA 19428-2959, 610-832-9500, https://www.astm.org.
(1) ASTM B 117-97, Standard Practice for Operating Salt Spray (Fog)
Apparatus, (``ASTM B 117''), IBR approved for Sec. 110.15-1 of this
chapter.
(2) ASTM F2876-10--Standard Practice for Thermal Rating and
Installation of Internal Combustion Engine Packages for use in
Hazardous Locations in Marine Applications, approved November 1, 2010
(``ASTM F2876-10''), IBR approved for Sec. Sec. 111.106-3(h) and
111.108-3(g) of this chapter.
(g) Canadian Standards Association (CSA), 5060 Spectrum Way, Suite
100, Mississauga, Ontario, L4W 5N6, Canada, 800-463-6727, https://www.csa.ca/.
(1) CSA C22.2 No. 30-M1986--Explosion-Proof Enclosures for Use in
Class I Hazardous Locations, Reaffirmed 2007 (``CSA C22.2 No. 30-
M1986''), IBR approved for Sec. Sec. 111.106-3(b) and 111.108-3(b) of
this chapter.
(2) CSA C22.2 No. 213-M1987--Non-incendive Electrical Equipment for
Use in Class I, Division 2 Hazardous Locations, Reaffirmed 2008 (``CSA
C22.2 No. 213-M1987''), IBR approved for Sec. Sec. 111.106-3(b) and
111.108-3(b) of this chapter.
(3) CAN/CSA-C22.2 No. 0-M91--General Requirements--Canadian
Electrical Code, Part II, Reaffirmed 2006 (``CSA C22.2 No. 0-M91''),
IBR approved for Sec. Sec. 111.106-3(b) and 111.108-3(b) of this
chapter.
(4) CAN/CSA-C22.2 No. 157-92--Intrinsically Safe and Non-incendive
Equipment for Use in Hazardous Locations, Reaffirmed 2006 (``CSA C22.2
No. 157-92''), IBR approved for Sec. Sec. 111.106-3(b) and 111.108-
3(b) of this chapter.
(h) DLA Document Services, Department of Defense, Single Stock
Point, 700 Robbins Avenue, Philadelphia, PA 19111, 215-697-6396, https://www.assistdocs.com.
(1) MIL-C-24640A--Military Specification Cables, Light Weight,
Electric, Low Smoke, for Shipboard Use, General Specification for
(1995) Supplement 1, June 26, 1995 (``NPFC MIL-C-24640A''), IBR
approved for Sec. Sec. 111.60-1 and 111.60-3 of this chapter.
(2) MIL-C-24643A--Military Specification Cables and Cords,
Electric, Low Smoke, for Shipboard Use, General Specification for
(1996), Amendment 2, March 13, 1996 (``MIL-C-24643A''), IBR approved
for Sec. Sec. 111.60-1 and 111.60-3 of this chapter.
(3) MIL-DTL-24640C with Supplement 1--Detail Specification Cables,
Lightweight, Low Smoke, Electric, for Shipboard Use, General
Specification for, November 18, 2011 (``MIL-DTL-24640C''), IBR approved
for Sec. 111.106-5(a) of this chapter.
(4) MIL-DTL-24643C with Supplement 1A--Detail Specification Cables,
Electric, Low Smoke Halogen-Free, for Shipboard Use, General
Specification for, December 13, 2011 (dated October 1, 2009) (``MIL-
DTL-24643C''), IBR approved for Sec. 111.106-5(a) of this chapter.
(5) MIL-W-76D--Military Specification Wire and Cable, Hook-Up,
Electrical, Insulated, General Specification for (2003) Amendment 1-
2003, February 6, 2003 (``NPFC MIL-W-76D''), IBR approved for Sec.
111.60-11 of this chapter.
(i) FM Approvals, P.O. Box 9102, Norwood, MA 02062, 781-440-8000,
https://www.fmglobal.com.
(1) Class Number 3600--Approval Standard for Electric Equipment for
use in Hazardous (Classified) Locations General Requirements, November
1998 (``FM Approvals Class Number 3600''), IBR approved for Sec. Sec.
111.106-3(b) and 111.108-3(b) of this chapter.
(2) Class Number 3610--Approval Standard for Intrinsically Safe
Apparatus and Associated Apparatus for Use in Class I, II, and III,
Division 1, Hazardous (Classified) Locations, January 2010 (``FM
Approvals Class Number 3610''), IBR approved for Sec. Sec. 111.106-
3(b) and 111.108-3(b) of this chapter.
(3) Class Number 3611--Approval Standard for Nonincendive
Electrical Equipment for Use in Class I and II, Division 2, and Class
III, Divisions 1 and 2, Hazardous (Classified) Locations, December 2004
(``FM Approvals Class Number 3611''), IBR approved for Sec. Sec.
111.106-3(b) and 111.108-3(b) of this chapter.
(4) Class Number 3615--Approval Standard for Explosionproof
Electrical Equipment General Requirements, August 2006 (``FM Approvals
Class Number 3615''), IBR approved for Sec. Sec. 111.106-3(b) and
111.108-3(b) of this chapter.
(5) Class Number 3620--Approval Standard for Purged and Pressurized
Electrical Equipment for Hazardous (Classified) Locations, August 2000
(``FM Approvals Class Number 3620''), IBR approved for Sec. Sec.
111.106-3(b) and 111.108-3(b) of this chapter.
(j) Institute of Electrical and Electronic Engineers (IEEE), IEEE
Service Center, 445 Hoes Lane, Piscataway, NJ 08854, 732-981-0060,
https://www.ieee.org/.
(1) IEEE Std C37.04-1999--IEEE Standard Rating Structure for AC
High-Voltage Circuit Breakers, 1999 (``IEEE C37.04''), IBR approved for
Sec. 111.54-1 of this chapter.
(2) IEEE Std C37.010-1999--IEEE Application Guide for AC High-
Voltage Circuit Breakers Rated on a Symmetrical Current Basis, 1999
(``IEEE C37.010''), IBR approved for Sec. 111.54-1 of this chapter.
(3) IEEE Std C37.13-1990--IEEE Standard for Low-Voltage AC Power
Circuit Breakers Used in Enclosures, October 22, 1990 (``IEEE
C37.13''), IBR approved for Sec. 111.54-1 of this chapter.
(4) IEEE Std C37.14-2002--IEEE Standard for Low-Voltage DC Power
Circuit Breakers Used in Enclosures, April 25, 2003 (``IEEE C37.14''),
IBR approved for Sec. 111.54-1 of this chapter.
(5) IEEE Std 45-1998--IEEE Recommended Practice for Electric
Installations on Shipboard, October 19, 1998 (``IEEE 45-1998''), IBR
approved for Sec. Sec. 111.30-19, 111.105-3, 111.105-31, and 111.105-
41 of this chapter.
(6) IEEE Std 45-2002--IEEE Recommended Practice for Electrical
Installations On Shipboard, October 11, 2002 (``IEEE 45-2002''), IBR
approved for Sec. Sec. 111.05-7, 111.15-2, 111.30-1, 111.30-5, 111.33-
3, 111.33-5, 111.40-1, 111.60-1, 111.60-3, 111.60-5, 111.60-11, 111.60-
13, 111.60-19, 111.60-21, 111.60-23, 111.75-5, and 113.65-5 of this
chapter.
(7) IEEE 100--The Authoritative Dictionary of IEEE Standards Terms,
Seventh Edition, 2000 (``IEEE 100''), IBR approved for Sec. 110.15-1.
(8) IEEE Std 1202-1991--IEEE Standard for Flame Testing of Cables
for Use in Cable Tray in Industrial and
[[Page 16992]]
Commercial Occupancies, 1991 (``IEEE 1202''), IBR approved for
Sec. Sec. 111.60-6 and 111.107-1 of this chapter.
(9) IEEE Std 1580-2001--IEEE Recommended Practice for Marine Cable
for Use on Shipboard and Fixed or Floating Platforms, December 17, 2001
(``IEEE 1580''), IBR approved for Sec. Sec. 111.60-1, 111.60-2,
111.60-3 and 111.106-5(a) of this chapter.
(k) International Electrotechnical Commission (IEC), 3 Rue de
Varembe, Geneva, Switzerland, +41 22 919 02 11, https://www.iec.ch/.
(1) IEC 60068-2-52--Environmental Testing Part 2: Tests--Test Kb:
Salt Mist, Cyclic (Sodium Chloride Solution), Second Edition, 1996
(``IEC 68-2-52''), IBR approved for Sec. 110.15-1.
(2) IEC 60079-0--Electrical apparatus for Explosive Gas
Atmospheres--Part 0: General Requirements, Edition 3.1, 2000 (``IEC
60079-0''), IBR approved for Sec. Sec. 111.105-1, 111.105-3, 111.105-
5, 111.105-7, and 111.105-17 of this chapter.
(3) IEC 60079-1--Electrical Apparatus for Explosive Gas
Atmospheres--Part 1: Flameproof Enclosures ``d'' including corr.1,
Fourth Edition, June 2001 (``IEC 60079-1''), IBR approved for
Sec. Sec. 111.105-1, 111.105-3, 111.105-5, 111.105-7, 111.105-9, and
111.105-17 of this chapter.
(4) IEC 60079-1:2007--Explosive atmospheres--Part 1: Equipment
protection by flameproof enclosures ``d'', Sixth edition, 2007-04, IBR
approved for Sec. Sec. 111.106-3(b) and 111.108-3(b) of this chapter.
(5) IEC 60079-2 Electrical Apparatus for Explosive Gas
Atmospheres--Part 2: Pressurized Enclosures ``p'', Fourth Edition, 2001
(``IEC 60079-2''), IBR approved for Sec. Sec. 111.105-1, 111.105-3,
111.105-5, 111.105-7, and 111.105-17 of this chapter.
(6) IEC 60079-2:2007--Explosive atmospheres--Part 2: Equipment
protection by pressurized enclosures ``p'', Fifth edition, 2007-02, IBR
approved for Sec. Sec. 111.106-3(b) and 111.108-3(b) of this chapter.
(7) IEC 60079-5--Electrical Apparatus for Explosive Gas
Atmospheres--Part 5: Powder Filling ``q'', Second Edition, 1997 (``IEC
60079-5''), IBR approved for Sec. Sec. 111.105-1, 111.105-3, 111.105-
5, 111.105-7, 111.105-15, and 111.105-17 of this chapter.
(8) IEC 60079-5:2007--Explosive atmospheres--Part 5: Equipment
protection by powder filling ``q'', Third edition, 2007-03, IBR
approved for Sec. Sec. 111.106-3(b) and 111.108-3(b) of this chapter.
(9) IEC 60079-6--Electrical Apparatus for Explosive Gas
Atmospheres--Part 6: Oil Immersion ``o'', Second Edition, 1995 (``IEC
60079-6''), IBR approved for Sec. Sec. 111.105-1, 111.105-3, 111.105-
5, 111.105-7, 111.105-15, and 111.105-17 of this chapter.
(10) IEC 60079-6:2007--Explosive atmospheres--Part 6: Equipment
protection by oil immersion ``o'', Third edition, 2007-03, IBR approved
for Sec. 111.108-3(b) of this chapter.
(11) IEC 60079-7--Electrical Apparatus for Explosive Gas
Atmospheres--Part 7: Increased Safety ``e'', Third Edition, 2001 (``IEC
60079-7''), IBR approved for Sec. Sec. 111.105-1, 111.105-3, 111.105-
5, 111.105-7, 111.105-15, and 111.105-17 of this chapter.
(12) IEC 60079-7:2006--Explosive atmospheres--Part 7: Equipment
protection by increased safety ``e'', Fourth edition, 2006-07, IBR
approved for Sec. 111.106-3(b) of this chapter.
(13) IEC 60079-11--Electrical Apparatus for Explosive Gas
Atmospheres--Part 11: Intrinsic Safety ``i'', Fourth Edition, 1999
(``IEC 60079-11''), IBR approved for Sec. Sec. 111.105-1, 111.105-3,
111.105-5, 111.105-7, 111.105-11, and 111.105-17 of this chapter.
(14) IEC 60079-11:2006--Explosive atmospheres--Part 11: Equipment
protection by intrinsic safety ``i'', Fifth edition, 2006-07, IBR
approved for Sec. 111.106-3(b) of this chapter.
(15) IEC 60079-11:2011--Explosive atmospheres--Part 11: Equipment
protection by intrinsic safety ``i'', Edition 6.0, 2011-06, IBR
approved for Sec. 111.108-3(b) of this chapter.
(16) IEC 60079-13:2010--Explosive atmospheres--Part 13: Equipment
protection by pressurized room ``p'', Edition 1.0, 2010-10, IBR
approved for Sec. Sec. 111.106-3(b) and 111.108-3(b) of this chapter.
(17) IEC 60079-15--Electrical Apparatus for Explosive Gas
Atmospheres--Part 15: Type of Protection ``n'', Second Edition, 2001
(``IEC 60079-15''), IBR approved for Sec. Sec. 111.105-1, 111.105-3,
111.105-5, 111.105-7, 111.105-15, and 111.105-17 of this chapter.
(18) IEC 60079-15:2010--Explosive atmospheres--Part 15: Equipment
protection by type of protection ``n'', Edition 4.0, 2010-01, IBR
approved for Sec. Sec. 111.106-3(b) and 111.108-3(b) of this chapter.
(19) IEC 60079-18--Electrical Apparatus for Explosive Gas
Atmospheres--Part 18: Encapsulation ``m'', First Edition, 1992 (``IEC
60079-18''), IBR approved for Sec. Sec. 111.105-1, 111.105-3, 111.105-
5, 111.105-7, 111.105-15, and 111.105-17 of this chapter.
(20) IEC 60079-18:2009--Explosive atmospheres--Part 18: Equipment
protection by encapsulation ``m'', Edition 3.0, 2009-05, IBR approved
for Sec. Sec. 111.106-3(b), 111.106-3(d), and 111.108-3(b) and (e) of
this chapter.
(21) IEC 60079-25:2010--Explosive atmospheres--Part 25:
Intrinsically safe electrical systems, Edition 2.0, 2010-02, IBR
approved for Sec. Sec. 111.106-3(b) and 111.108-3(b) of this chapter.
(22) IEC 60092-101--Electrical Installation in Ships, Part 101:
Definitions and General Requirements, Edition 4.1, 2002 (``IEC 60092-
101''), IBR approved for Sec. Sec. 110.15-1 and 111.81-1 of this
chapter.
(23) IEC 60092-201--Electrical Installation in Ships, Part 201:
System Design-General, Fourth Edition, 1994 (``IEC 60092-201''), IBR
approved for Sec. Sec. 111.70-3 and 111.81-1 of this chapter.
(24) IEC 60092-202--Amendment 1 Electrical Installation in Ships,
Part 202: System Design-Protection, 1996 (``IEC 60092-202''), IBR
approved for Sec. Sec. 111.12-7, 111.50-3, 111.53-1, and 111.54-1 of
this chapter.
(25) IEC 60092-301--Amendment 2 Electrical Installation in Ships,
Part 301: Equipment-Generators and Motors, 1995 (``IEC 60092-301''),
IBR approved for Sec. Sec. 111.12-7, 111.25-5, and 111.70-1 of this
chapter.
(26) IEC 60092-302--Electrical Installation in Ships, Part 302:
Low-Voltage Switchgear and Control Gear Assemblies, Fourth Edition,
1997 (``IEC 60092-302''), IBR approved for Sec. Sec. 111.30-1, 111.30-
5, and 111.30-19 of this chapter.
(27) IEC 60092-303--Electrical Installation in Ships, Part 303:
Equipment-Transformers for Power and Lighting, Third Edition, 1980
(``IEC 60092-303''), IBR approved for Sec. 111.20-15 of this chapter.
(28) IEC 60092-304--Amendment 1 Electrical Installation in Ships,
Part 304: Equipment--Semiconductor Convertors, 1995 (``IEC 60092-
304''), IBR approved for Sec. Sec. 111.33-3 and 111.33-5 of this
chapter.
(29) IEC 60092-306--Electrical Installation in Ships, Part 306:
Equipment--Luminaries and accessories, Third Edition, 1980 (``IEC
60092-306''), IBR approved for Sec. Sec. 111.75-20 and 111.81-1 of
this chapter.
(30) IEC 60092-350:2008--Electrical installations in ships--Part
350: General construction and test methods of power, control and
instrumentation cables for shipboard and offshore applications, Edition
3.0, 2008-02, IBR approved for Sec. 111.106-5(a) of this chapter.
[[Page 16993]]
(31) IEC 60092-352--Electrical Installation in Ships--Choice and
Installation of Cables for Low-Voltage Power Systems, Second Edition,
1997 (``IEC 60092-352''), IBR approved for Sec. Sec. 111.60-3, 111.60-
5, and 111.81-1 of this chapter.
(32) IEC 60092-353--Electrical Installations in Ships--Part 353:
Single and Multicore Non-Radial Field Power Cables with Extruded Solid
Insulation for Rated Voltages 1kV and 3kV, Second Edition, 1995 (``IEC
60092-353''), IBR approved for Sec. Sec. 111.60-1, 111.60-3, and
111.60-5 of this chapter.
(33) IEC 60092-353:2011--Electrical installations in ships--Part
353: Power cables for rated voltages 1 kV and 3 kV, Edition 3.0, 2011-
08, IBR approved for Sec. 111.106-5(a) of this chapter.
(34) IEC 60092-401--Electrical Installations in Ships, Part 401:
Installation and Test of completed Installation with amendment 1 (1987)
and amendment 2 (1997), Third Edition, 1980 (``IEC 60092-401''), IBR
approved for Sec. Sec. 111.05-9 and 111.81-1 of this chapter.
(35) IEC 60092-502--Electrical installations in ships--Part 502:
Tankers--Special features, Fifth edition, 1999-02 (``IEC 60092-502''),
IBR approved for Sec. Sec. 111.81-1, 111.105-31, 111.106-3(b),
111.106-5(c), 111.106-15(a), and 111.108-3(b) of this chapter.
(36) IEC 60092-503--Electrical installations in ships, Part 503:
Special features: A.C. supply systems with voltages in the range of
above 1kV up to and including 11kV, First Edition, 1975 (``IEC 60092-
503''), IBR approved for Sec. 111.30-5 of this chapter.
(37) IEC 60331-11--Tests for electric cables under fire
conditions--Circuit integrity--Part 11: Apparatus--Fire alone at a
flame temperature of at least 750 [deg]C, First Edition, 1999 (``IEC
60331-11''), IBR approved for Sec. 113.30-25 of this chapter.
(38) IEC 60331-21--Tests for Electric Cables Under Fire
Conditions--Circuit Integrity--Part 21: Procedures and Requirements--
Cables of Rated Voltage up to and Including 0.6/1.0kV, First Edition,
1999 (``IEC 60331-21''), IBR approved for Sec. 113.30-25 of this
chapter.
(39) IEC 60332-1--Tests on Electric Cables Under Fire Conditions,
Part 1: Test on a Single Vertical Insulated Wire or Cable, Third
Edition, 1993 (``IEC 60332-1''), IBR approved for Sec. 111.30-19 of
this chapter.
(40) IEC 60332-3-22--Tests on Electric Cables Under Fire
Conditions--Part 3-22: Test for Vertical Flame Spread of Vertically-
Mounted Bunched Wires or Cables--Category A, First Edition, 2000 (``IEC
60332-3-22''), IBR approved for Sec. Sec. 111.60-1, 111.60-2, 111.60-
6, and 111.107-1 of this chapter.
(41) IEC 60529--Degrees of Protection Provided by Enclosures (IP
Code), Edition 2.1, 2001 (``IEC 60529''), IBR approved for Sec. Sec.
110.15-1, 111.01-9, 113.10-7, 113.20-3, 113.25-11, 113.30-25, 113.37-
10, 113.40-10, and 113.50-5 of this chapter.
(42) IEC 60533--Electrical and Electronic Installations in Ships--
Electromagnetic Compatibility, Second Edition, 1999 (``IEC 60533''),
IBR approved for Sec. 113.05-7 of this chapter.
(43) IEC 60947-2--Low-Voltage Switchgear and Controlgear Part 2:
Circuit-Breakers, Third Edition, 2003 (``IEC 60947-2''), IBR approved
for Sec. 111.54-1 of this chapter.
(44) IEC 61363-1--Electrical Installations of Ships and Mobile and
Fixed Offshore Units--Part 1: Procedures for Calculating Short-Circuit
Currents in Three-Phase a.c., First Edition, 1998 (``IEC 61363-1''),
IBR approved for Sec. 111.52-5 of this chapter.
(45) IEC 61892-7:2007--Mobile and fixed offshore units--Electrical
installations--Part 7: Hazardous areas, Edition 2.0, 2007-11, IBR
approved for Sec. 111.108-3(b) of this chapter.
(46) IEC 62271-100--High-voltage switchgear and controlgear--part
100: High-voltage alternating current circuitbreakers, Edition 1.1,
2003 (``IEC 62271-100''), IBR approved for Sec. 111.54-1 of this
chapter.
(l) International Maritime Organization (IMO Publications Section),
4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0) 20 7735
7611, https://www.imo.org.
(1) International Convention for the Safety of Life at Sea (SOLAS),
Consolidated Text of the International Convention for the Safety of
Life at Sea, 1974, and its Protocol of 1988: Article, Annexes and
Certificates. (Incorporating all Amendments in Effect from January
2001), 2001 (``IMO SOLAS 74''), IBR approved for Sec. Sec. 111.99-5,
111.105-31, 112.15-1, and 113.25-6 of this chapter.
(2) IMO Resolution A.1023(26)--Code for the Construction and
Equipment of Mobile Offshore Drilling Units, 2009, 18 January 2010
(``2009 IMO MODU Code''), IBR approved for Sec. 111.108-3(b) of this
chapter.
(m) International Society of Automation (ISA), 67 T.W. Alexander
Drive, PO Box 12277, Research Triangle Park, NC 27709, 919-549-8411,
https://www.isa.org/.
(1) RP 12.6--Wiring Practices for Hazardous (Classified) Locations
Instrumentation Part I: Intrinsic Safety, 1995 (``ISA RP 12.6''), IBR
approved for Sec. 111.105-11 of this chapter.
(2) [Reserved]
(n) Lloyd's Register, 71 Fenchurch Street, London EC3M 4BS, UK,
+44-0-20-7709-9166, https://www.lr.org/.
(1) Type Approval System--Test Specification Number 1, 2002, IBR
approved for Sec. 113.05-7 of this chapter.
(2) [Reserved]
(o) National Electrical Manufacturers Association (NEMA), 1300
North 17th Street, Arlington, VA 22209, 703-841-3200, https://www.nema.org/.
(1) NEMA Standards Publication ICS 2-2000--Industrial Control and
Systems Controllers, Contactors, and Overload Relays, Rated 600 Volts,
2000 (``NEMA ICS 2''), IBR approved for Sec. 111.70-3 of this chapter.
(2) NEMA Standards Publication ICS 2.3-1995--Instructions for the
Handling, Installation, Operation, and Maintenance of Motor Control
Centers Rated not More Than 600 Volts, 1995 (``NEMA ICS 2.3''), IBR
approved for Sec. 111.70-3 of this chapter.
(3) NEMA Standards Publication No. ICS 2.4-2003--NEMA and IEC
Devices for Motor Service--a Guide for Understanding the Differences,
2003 (``NEMA ICS 2.4''), IBR approved for Sec. 111.70-3 of this
chapter.
(4) NEMA Standards Publication No. ANSI/NEMA 250-1997--Enclosures
for Electrical Equipment (1000 Volts Maximum), August 30, 2001 (``NEMA
250''), IBR approved for Sec. Sec. 110.15-1, 111.01-9, 110.15-1,
113.10-7, 113.20-3, 113.25-11, 113.30-25, 113.37-10, 113.40-10, and
113.50-5 of this chapter.
(5) NEMA Standards Publication No. WC-3-1992--Rubber Insulated Wire
and Cable for the Transmission and Distribution of Electrical Energy,
Revision 1, February 1994 (``NEMA WC-3''), IBR approved for Sec.
111.60-13 of this chapter.
(6) NEMA WC-70/ICEA S-95-658-1999--Standard for Non-Shielded Power
Rated Cable 2000V or Less for the Distribution of Electrical Energy,
1999 (``NEMA WC-70''), IBR approved for Sec. 111.60-13 of this
chapter.
(p) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02169, 617-770-3000, https://www.nfpa.org.
(1) NEC 2002 (NFPA 70)--National Electrical Code Handbook, Ninth
Edition, 2002 (``NFPA NEC 2002''), IBR approved for Sec. Sec. 111.05-
33, 111.20-15, 111.25-5, 111.50-3, 111.50-7, 111.50-9, 111.53-1,
111.54-1, 111.55-1, 111.59-1, 111.60-7, 111.60-13, 111.60-23, 111.81-1,
111.105-1, 111.105-3, 111.105-5, 111.105-7, 111.105-9, 111.105-15,
111.105-17, and 111.107-1 of this chapter.
(2) NFPA 70--National Electrical Code, 2011 Edition (``NFPA 70''),
IBR approved for Sec. Sec. 111.106-3(b), 111.106-
[[Page 16994]]
5(c), and 111.108-3(b)(1) and (2) of this chapter.
(3) NFPA 77--Recommended Practice on Static Electricity, 2000
(``NFPA 77''), IBR approved for Sec. 111.105-27 of this chapter.
(4) NFPA 99--Standard for Health Care Facilities, 2005 (``NFPA
99''), IBR approved for Sec. 111.105-37 of this chapter.
(5) NFPA 496--Standard for Purged and Pressurized Enclosures for
Electrical Equipment, 2003 (``NFPA 496''), IBR approved for Sec.
111.105-7 of this chapter.
(6) NFPA 496--Standard for Purged and Pressurized Enclosures for
Electrical Equipment, 2008 Edition (``NFPA 496 (2008)''), IBR approved
for Sec. 111.106-3(c) of this chapter.
(7) NFPA 496--Standard for Purged and Pressurized Enclosures for
Electrical Equipment, 2013 Edition (``NFPA 496 (2013)''), IBR approved
for Sec. 111.108-3(d) of this chapter.
(q) Naval Sea Systems Command (NAVSEA), 1333 Isaac Hull Avenue SE.,
Washington, DC 20376, 202-781-0000, https://www.navsea.navy.mil.
(1) DDS 300-2--A.C. Fault Current Calculations, 1988 (``NAVSEA DDS
300-2''), IBR approved for Sec. 111.52-5 of this chapter.
(2) MIL-HDBK-299(SH)--Military Handbook Cable Comparison Handbook
Data Pertaining to Electric Shipboard Cable Notice 1-1991 (Revision of
MIL-HDBK-299(SH) (1989)), October 15, 1991 (``NAVSEA MIL-HDBK-
299(SH)''), IBR approved for Sec. 111.60-3 of this chapter.
(r) UL (formerly Underwriters Laboratories, Inc.), 2600 NW. Lake
Road, Camas, WA, 98607, 877-854-3577, https://www.ul.com.
(1) UL 44--Standard for Thermoset-Insulated Wire and Cable,
Fifteenth Edition, Mar. 22, 1999 (Revisions through and including May
13, 2002) (``UL 44''), IBR approved for Sec. 111.60-11 of this
chapter.
(2) UL 50--Standard for Safety Enclosures for Electrical Equipment,
Eleventh Edition, Oct. 19, 1995 (``UL 50''), IBR approved for Sec.
111.81-1 of this chapter.
(3) UL 62--Standard for Flexible Cord and Fixture Wire, Sixteenth
Edition, Oct. 15, 1997 (``UL 62''), IBR approved for Sec. 111.60-13 of
this chapter.
(4) UL 83--Standard for Thermoplastic-Insulated Wires and Cables,
Twelfth Edition, Sept. 29, 1998 (``UL 83''), IBR approved for Sec.
111.60-11 of this chapter.
(5) UL 484--Standard for Room Air Conditioners, Seventh Edition,
(Revisions through and including Sep. 3, 2002), Apr. 27, 1993 (``UL
484''), IBR approved for Sec. 111.87-3 of this chapter.
(6) UL 489--Molded-Case Circuit Breakers, Molded-Case Switches, and
Circuit-Breaker Enclosures, Ninth Edition, (Revisions through and
including Mar. 22, 2000), Oct. 31, 1996 (``UL 489''), IBR approved for
Sec. Sec. 111.01-15 and 111.54-1 of this chapter.
(7) UL 514A--Metallic Outlet Boxes, Ninth Edition, Dec. 27, 1996
(``UL 514A''), IBR approved for Sec. 111.81-1 of this chapter.
(8) UL 514B--Conduit, Tubing, and Cable Fittings, Fourth Edition,
Nov. 3, 1997 (``UL 514B''), IBR approved for Sec. 111.81-1 of this
chapter.
(9) UL 514C--Standard for Nonmetallic Outlet Boxes, Flush-Device
Boxes, and Covers, Second Edition, Oct. 31, 1988 (``UL 514C''), IBR
approved for Sec. 111.81-1 of this chapter.
(10) UL 674--Standard for Safety: Electric Motors and Generators
for Use in Division 1 Hazardous (Classified) Locations, Fourth Edition
with revisions through Aug. 12, 2008 (dated Dec. 11, 2003) (``ANSI/UL
674''), IBR approved for Sec. 111.106-3(b) of this chapter.
(11) UL 674--Standard for Safety: Electric Motors and Generators
for Use in Hazardous (Classified) Locations, Fifth Edition, dated May
31, 2011 (with revisions through July 19, 2013) (``ANSI/UL 674
(2013)''), IBR approved for Sec. 111.108-3(b) of this chapter.
(12) UL 823--Electric Heaters for Use in Hazardous (Classified)
Locations, Ninth Edition including revisions through Nov. 15, 2007
(dated Oct. 20, 2006) (``ANSI/UL 823''), IBR approved for Sec. Sec.
111.106-3(b) and 111.108-3(b) of this chapter.
(13) UL 844--Standard for Safety: Luminaires for Use in Hazardous
(Classified) Locations, Twelfth Edition including revisions through
Nov. 20, 2008 (dated Jan. 11, 2006) (``ANSI/UL 844''), IBR approved for
Sec. 111.106-3(b) of this chapter.
(14) UL 844--Standard for Safety: Luminaires for Use in Hazardous
(Classified) Locations, Thirteenth Edition, dated June 29, 2012
(``ANSI/UL 844 (2012)''), IBR approved for Sec. 111.108-3(b) of this
chapter.
(15) UL 913--Standard for Intrinsically Safe Apparatus and
Associated Apparatus for Use in Class i, ii, and iii, Division 1,
Hazardous (Classified) Locations, Sixth Edition, (Revisions through and
including Dec. 15, 2003) August 8, 2002 (``UL 913''), IBR approved for
Sec. 111.105-11 of this chapter.
(16) UL 913--Standard for Safety: Intrinsically Safe Apparatus and
Associated Apparatus for Use in Class I, II, and III, Division 1,
Hazardous Locations, Seventh Edition, Dated July 31, 2006 (including
revisions through June 3, 2010) (``ANSI/UL 913''), IBR approved for
Sec. Sec. 111.106-3(b) and 111.108-3(b) of this chapter.
(17) UL 1042--Standard for Electric Baseboard Heating Equipment,
Apr. 11, 1994, IBR approved for Sec. 111.87-3 of this chapter.
(18) UL 1072--Standard for Medium-Voltage Power Cables, Third
Edition, Dec. 28, 2001 (revisions through and including Apr. 14, 2003),
IBR approved for Sec. 111.60-1 of this chapter.
(19) UL 1104--Standard for Marine Navigation Lights, Second
Edition, Oct. 29, 1998, IBR approved for Sec. 111.75-17 of this
chapter.
(20) UL 1203--Standard for Explosion-Proof and Dust-Ignition-Proof
Electrical Equipment for Use in Hazardous (Classified) Locations, Third
Edition, Sept. 7, 2000 (Revisions through and including Apr. 30, 2004),
IBR approved for Sec. 111.105-9 of this chapter.
(21) UL 1203--Standard for Safety: Explosion-Proof and Dust-
Ignition Proof Electrical Equipment for Use in Hazardous (Classified)
Locations, Fourth Edition, Dated September 15, 2006 (including
revisions through October 28, 2009) (``ANSI/UL 1203''), IBR approved
for Sec. Sec. 111.106-3(b) and 111.108-3(b) of this chapter.
(22) UL 1309--Marine Shipboard Cables, First Edition, July 14,
1995, IBR approved for Sec. Sec. 111.60-1, 111.60-3, and 111.106-5(a)
of this chapter.
(23) UL 1581--Reference Standard for Electrical Wires, Cables, and
Flexible Cords, May 6, 2003, IBR approved for Sec. Sec. 111.30-19,
111.60-2, and 111.60-6 of this chapter.
(24) UL 1598--Luminaires, First Edition, Jan. 31, 2000, IBR
approved for Sec. 111.75-20 of this chapter.
(25) UL 1598A--Standard for Supplemental Requirements for
Luminaires for Installation on Marine Vessels, First Edition, Dec. 4,
2000, IBR approved for Sec. 111.75-20 of this chapter.
(26) UL 1604--Electrical Equipment for use in Class I and II,
Division 2 and Class III Hazardous (Classified) Locations, Third
Edition, Dated April 28, 1994 (including revisions through February 3,
2004) (``UL 1604''), IBR approved for Sec. 111.108-3(b) of this
chapter.
(27) UL 2225--Cables and Cable-Fittings for Use in Hazardous
(Classified) Locations, Second Edition, Dec. 21, 2005 (``ANSI/UL
2225''), IBR approved for Sec. 111.106-3(b) of this chapter.
(28) UL 2225--Standard for Safety: Cables and Cable-Fittings for
use in
[[Page 16995]]
Hazardous (Classified) Locations, Third Edition, dated February 25,
2011 (``ANSI/UL 2225 (2011)''), IBR approved for Sec. 111.108-3(b) of
this chapter.
0
9. Amend Sec. 110.15-1(b) by adding, in alphabetical order, the
definitions for ``Constructed'', ``OCS activity'', and ``Outer
Continental Shelf (OCS)'' to read as follows:
Sec. 110.15-1 Definitions.
* * * * *
(b) * * *
Constructed means the date--
(1) The vessel's keel was laid; or
(2) Construction identifiable with the vessel or facility began and
assembly of that vessel or facility commenced comprising of 50 metric
tons or at least 1 percent of the estimated mass of all structural
material, whichever is less.
* * * * *
OCS activity has the same meaning as it does in 33 CFR 140.10.
Outer Continental Shelf (OCS) has the same meaning as it does in 33
CFR 140.10.
* * * * *
0
10. Amend Sec. 110.25-1 by adding paragraph (q) to read as follows:
Sec. 110.25-1 Plans and information required for new construction.
* * * * *
(q) For vessels with hazardous locations to which subpart 111.108
of this chapter applies, plans showing the extent and classification of
all hazardous locations, including information on--
(1) Equipment identification by manufacturer's name and model
number;
(2) Equipment use within the system;
(3) Parameters of intrinsically safe systems, including cables;
(4) Equipment locations;
(5) Installation details and/or approved control drawings; and
(6) A certificate of testing, and listing or certification, by an
independent laboratory or an IECEx Certificate of Conformity under the
IECEx System, where required by the respective standard in Sec.
111.108-3(b)(1), (2), or (3) of this chapter.
PART 111--ELECTRIC SYSTEMS GENERAL REQUIREMENTS
0
11. The authority citation for part 111 continues to read as follows:
Authority: 46 U.S.C. 3306, 3703; Department of Homeland
Security Delegation No. 0170.1. Section 111.05-20 and Subpart
111.106 also issued under sec. 617, Pub. L. 111-281, 124 Stat. 2905.
0
12. Add subpart 111.108 to read as follows:
Subpart 111.108--Hazardous Locations Requirements on U.S. and
Foreign MODUs, Floating OCS Facilities, Vessels Conducting OCS
Activities, and U.S. Vessels That Carry Flammable and Combustible
Cargo
Sec.
111.108-1 Applicability.
111.108-2 [Reserved]
111.108-3 General requirements.
Sec. 111.108-1 Applicability.
(a) This subpart applies to MODUs, floating OCS facilities, and
vessels, other than offshore supply vessels regulated under subchapter
L of this chapter, constructed after April 2, 2018 that engage in OCS
activities.
(b) U.S. MODUs, floating OCS facilities, and vessels other than
OSVs regulated under subchapter L of this chapter and U.S. tank vessels
that carry flammable and combustible cargoes, may comply with this
subpart in lieu of Sec. Sec. 111.105-1 through 111.105-15. All other
sections of subpart 111.105 of this part remain applicable.
Sec. 111.108-2 [Reserved]
Sec. 111.108-3 General requirements.
(a) Electrical installations in hazardous locations, where
necessary for operational purposes, must be located in the least
hazardous location practicable.
(b) Electrical installations in hazardous locations must comply
with paragraphs (b)(1), (2), or (3) of this section.
(1) NFPA 70 Articles 500 through 504 (incorporated by reference,
see Sec. 110.10-1 of this chapter). Equipment required to be
identified for Class I locations must meet the provisions of Sections
500.7 and 500.8 of NFPA 70 and must be tested and listed by an
independent laboratory to any of the following standards:
(i) ANSI/UL 674 (2013), ANSI/UL 823, ANSI/UL 844 (2012), ANSI/UL
913, ANSI/UL 1203, UL 1604 (replaced by ANSI/ISA 12.12.01) or ANSI/UL
2225 (2011) (incorporated by reference, see Sec. 110.10-1 of this
chapter).
(ii) FM Approvals Class Number 3600, Class Number 3610, Class
Number 3611, Class Number 3615, or Class Number 3620 (incorporated by
reference, see Sec. 110.10-1 of this chapter).
(iii) CSA C22.2 Nos. 0-M91, 30-M1986, 157-92, or 213-M1987
(incorporated by reference, see Sec. 110.10-1 of this chapter).
Note to Sec. 111.108-3(b)(1): See Article 501.5 of NFPA 70
(incorporated by reference, see Sec. 110.10-1 of this chapter) for use
of Zone equipment in Division designated spaces.
(2) NFPA 70 Article 505 (incorporated by reference, see Sec.
110.10-1 of this chapter). Equipment required to be identified for
Class I locations must meet the provisions of Sections 505.7 and 505.9
of NFPA 70 and must be tested and listed by an independent laboratory
to one or more of the types of protection in ANSI/ISA Series of
standards incorporated in NFPA 70.
Note to paragraph (b)(2). See Article 505.9(c)(1) of the NFPA 70
(incorporated by reference, see Sec. 110.10-1 of this chapter) for use
of Division equipment in Zone designated spaces.
(3) Clause 6 of IEC 61892-7:2007 (incorporated by reference, see
Sec. 110.10-1 of this chapter) for all U.S. and foreign floating OCS
facilities and vessels on the U.S. OCS or on the waters adjacent
thereto; chapter 6 of 2009 IMO MODU Code (incorporated by reference,
see Sec. 110.10-1) for all U.S. and foreign MODUs; or clause 6 of IEC
60092-502 (incorporated by reference, see Sec. 110.10-1) for U.S. tank
vessels that carry flammable and combustible cargoes. Electrical
apparatus in hazardous locations must be tested to IEC 60079-1:2007,
IEC 60079-2:2007, IEC 60079-5:2007, IEC 60079-6:2007, IEC 60079-7:2006,
IEC 60079-11:2011, IEC 60079-13:2010, IEC 60079-15:2010, IEC 60079-
18:2009 or IEC 60079-25:2010 (incorporated by reference, see Sec.
110.10-1) and certified by an independent laboratory under the IECEx
System.
(c) System components that are listed or certified under paragraph
(b)(1), (2), or (3) of this section must not be combined in a manner
that would compromise system integrity or safety.
(d) As an alternative to paragraph (b)(1) of this section,
electrical equipment that complies with the provisions of NFPA 496
(2013) (incorporated by reference, see Sec. 110.10-1 of this chapter)
is acceptable for installation in Class I, Divisions 1 and 2. When
equipment meeting this standard is used, it does not need to be
identified and marked by an independent laboratory. The Commanding
Officer, MSC, will evaluate equipment complying with this standard
during plan review.
Note to paragraph (d). The Commanding Officer, MSC, will generally
consider it acceptable if a manufacturer's certification of compliance
is indicated on a material list or plan.
(e) Equipment listed or certified to ANSI/ISA 60079-18 (2012) or
IEC 60079-18:2009, respectively, (incorporated by reference, see Sec.
110.10-1 of this chapter) is not
[[Page 16996]]
permitted in Class I, Special Division 1, or Zone 0 hazardous locations
unless the encapsulating compound of Ex ``ma'' protected equipment is
not exposed to, or has been determined to be compatible with, the
liquid or cargo in the storage tank.
(f) Submerged pump motors that do not meet the requirements of
Sec. 111.105-31(d), installed in tanks carrying flammable or
combustible liquids with closed-cup flashpoints not exceeding 60[deg] C
(140[emsp14][deg]F), must receive concept approval by the Commandant
(CG-ENG) and plan approval by the Commanding Officer, MSC.
(g) Internal combustion engines installed in Class I, Divisions 1
and 2 (Class I and IEC, Zones 1 and 2) must meet the provisions of ASTM
F2876-10 (incorporated by reference, see Sec. 110.10-1 of this
chapter).
Dated: March 20, 2015.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2015-06946 Filed 3-30-15; 8:45 am]
BILLING CODE 9110-04-P