[Federal Register Volume 65, Number 26 (Tuesday, February 8, 2000)]
[Proposed Rules]
[Pages 6111-6113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2821]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Parts 110 and 111
[USCG-1999-6096]
RIN 2115-AF89
Marine Shipboard Electrical Cable Standards
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend its electrical engineering
regulations for merchant vessels by adding alternate cable standards
that are equivalent to the existing standards. Our intent is to revise
requirements that create an unwarranted difference between domestic
rules and international standards for marine cable.
DATES: Comments and related material must reach the Docket Management
Facility on or before May 8, 2000.
ADDRESSES: To make sure your comments and related material are not
entered more than once in the docket, please submit them by only one of
the following means:
(1) By mail to the Docket Management Facility (USCG-1999-6096),
U.S. Department of Transportation, room PL-401, 400 Seventh Street SW.,
Washington, DC 20590-0001.
(2) By hand delivery to room PL-401 on the Plaza level of the
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(3) By fax to the Docket Management Facility at 202-493-2251.
(4) Electronically through the Web Site for the Docket Management
System at http://dms.dot.gov.
The Docket Management Facility maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying at room PL-401 on the Plaza level of the Nassif Building, 400
Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. You may also find this docket
on the Internet at http://dms.dot.gov.
You may inspect the material proposed for incorporation by
reference at room 1300, U.S. Coast Guard Headquarters, 2100 Second
Street SW., Washington, DC 20593-0001 between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays. The telephone number is 202-
267-0658. Copies of the material are available as indicated in the
``Incorporation by Reference'' section of this preamble.
FOR FURTHER INFORMATION CONTACT: For questions on this proposed rule,
call Ms. Dolores Mercier, Project Manager, Office of Design and
Engineering Standards (G-MSE), Coast Guard, telephone 202-267-0658. For
questions on viewing or submitting material to the docket, call Dorothy
Walker, Chief, Dockets, Department of Transportation, telephone 202-
366-9329.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (USCG-1999-
6096), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. You may submit
your comments and material by mail, hand delivery, fax, or electronic
means to the Docket Management Facility at the address under ADDRESSES;
but please submit your comments and material by only one means. If you
submit them by mail or hand delivery, submit them in an unbound format,
no larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit them by mail and would like to know they reached
the Facility, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
a public meeting would aid this rulemaking, we will hold one at a time
and place announced by a later notice in the Federal Register.
Background and Purpose
Since the last revision of our electrical engineering regulations
in 46 CFR chapter I, subchapter J, (62 FR 23894, May 1, 1997), we have
received a number of letters concerning the construction requirements
in 46 CFR 111.60-1 and 111.60-3 for cable used on merchant vessels.
Sections 111.60-1 and 111.60-3 allow the use of cables meeting certain
industry standards listed in those sections. The letters suggest that
there are other cable standards beside those listed in the two sections
that would provide a level of performance and safety equivalent to the
listed standards. The Coast Guard reviewed these standards and found
them to be equivalent. Therefore, the purpose for this notice of
proposed rulemaking is to gather your comments on whether you agree
that these standards do provide an equivalent level of performance and
safety for cable used on merchant vessels. The Coast Guard completed
equivalency determinations on UL 1309 (1995); IEC 92-350, 1988,
amendment 1 (1994); and IEC 92-353 (1995-01). We believe that these
standards offer an equivalent level of performance and safety to those
standards already listed. These equivalency determinations have been
placed in the public docket for the rulemaking.
In the text of the Transportation and Infrastructure Committee
report accompanying HR 820, the committee stated that the Coast Guard
should undertake a formal rulemaking process before deciding whether
IEC 92-350, IEC 92-353, and UL 1309 are approved for use.
The Coast Guard encourages public comment on all aspects of this
rulemaking initiative.
Discussion of Proposed Rule
The title and edition of the standards referred to in this
discussion are found in proposed Sec. 110.10-1(b) or in existing 46 CFR
110.10-1(b).
Proposed Sec. 111.60-1(a)
This paragraph would be amended to allow the use of marine
shipboard cable meeting UL 1309, IEC 92-350, or IEC 92-353, as well as
cable meeting one of the standards presently listed.
Proposed Sec. 111.60-1(b)
This paragraph would be amended to specify the flammability
requirements for cable meeting IEC 92-350 or IEC 92-353.
[[Page 6112]]
Proposed Sec. 111.60-1(c)
This paragraph would be amended to also allow the use of type T/N
cable as listed in UL 1309.
Proposed Sec. 111.60-3(a)
This paragraph would be amended to allow the use of marine
shipboard cable meeting UL 1309, IEC 92-350, or IEC 92-353, as well as
cable meeting one of the standards presently listed.
Proposed Sec. 111. 60-3(b)
This paragraph would be amended to also allow the use of type T/N
cable as listed in UL 1309.
This rulemaking is intended to further reduce the regulatory burden
on the industry, eliminate misinterpretation of the regulations by all
affected parties, and bring the regulations in line with the current
technology in the industry as well as with standards accepted by the
international maritime community.
Incorporation by Reference
Material proposed for incorporation by reference appears in 46 CFR
110.10-1(b). You may inspect this material at U.S. Coast Guard
Headquarters where indicated under ADDRESSES. Copies of the material
are available from the sources listed in Sec. 110.10-1(b).
Before publishing a final rule, we will submit this material to the
Director of the Federal Register for approval of the incorporation by
reference.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866 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 has not reviewed it
under that Order. It is not ``significant'' under the regulatory
policies and procedures of the Department of Transportation (DOT) (44
FR 11040; February 26, 1979). We expect the economic impact of this
proposed rule to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary.
The proposed rule would provide a greater choice in the type of
shipboard cables by allowing the use of cables made to standards other
than those specified in the current regulations. This should increase
the number of choices for vessel owners without increasing costs. In
addition, it might benefit vessel owners by enhancing competition
within the cable industry.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
As discussed in the Regulatory Evaluation section of this preamble,
there are no costs associated with it this proposed rule. Therefore,
the Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
would not have a significant economic impact on a substantial number of
small entities. If you think that your business, organization, or
governmental jurisdiction qualifies as a small entity and that this
rule would have a significant economic impact on it, please submit a
comment to the Docket Management Facility at the address under
ADDRESSES. In your comment, explain why you think it qualifies and how
and to what degree this rule would economically affect it.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism Summary Impact Statement
We have analyzed this proposed rule under Executive Order 13132,
Federalism. This rule would amend the regulations on vessel design and
construction. In particular, it would provide vessel owners with
additional options in the choice of cable used on their vessels.
It is well settled that States are precluded from regulating in the
categories of vessel design, construction, and equipment--categories
that are reserved for regulation by the Coast Guard under 46 U.S.C.
3306 and 3703(a). See Ray v. Atlantic Richfield Co., 435 U.S. 151
(1978), which clearly evidences Congressional intent to preempt State
law, because the exercise of State authority would conflict with the
exercise of Federal authority under Federal statute. Also see
International Association of Independent Tank Vessel Owners
(Intertanko) v. Locke, 148 F.3d 1053 (9th Cir. 1998). Further, it is
the position of the United States that all of the categories covered in
46 U.S.C. 3306 and 3703(a), 7101, and 8101 (e.g., design, construction,
alteration, repair, maintenance, operation, equipping, personnel
qualification, and manning of vessels) are within the field foreclosed
from State regulation. See the Brief for the United States at 26,
United States v. Locke; Intertanko v. Locke (Nos. 98-1701 and 98-1706)
(cert. granted 120 S. Ct. 133), available in LEXIS, Genfed Library,
Briefs file. This entire rule falls into the field encompassed by 46
CFR 3306 and 3703(a), where, by operation of law, State regulation is
precluded. For this reason, consultation under section 6 of the
Executive Order would not be meaningful and, therefore, is unnecessary.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those costs. This proposed rule would not impose an unfunded mandate.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed 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.
Protection of Children
We have analyzed this proposed rule under E.O. 13045, Protection of
Children from Environmental Health Risks and Safety Risks. This rule is
not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Environment
We considered the environmental impact of this proposed rule and
concluded that, under figure 2-1, paragraphs (34)(d) and (e), of
Commandant Instruction M16475.1C, this rule is categorically excluded
from further environmental documentation. This rule concerns the
equipping of, and carriage requirements for, vessels. A ``Categorical
Exclusion Determination'' is available in the docket where indicated
under ADDRESSES.
[[Page 6113]]
List of Subjects
46 CFR Part 110
Incorporation by reference, Reporting and recordkeeping
requirements, Vessels.
46 CFR Part 111
Vessels.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 46 CFR parts 110 and 111 as follows:
PART 110--GENERAL PROVISIONS
1. 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,
3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR
1.45, 1.46; Sec. 110.01-2 also issued under 44 U.S.C. 3507.
2. In Sec. 110.10-1(b), in the entries for ``International
Electrotechnical Commission'' and ``Underwriters Laboratories, Inc.,''
revise the introductory text and add, in numerical order, new standards
IEC 92-350, IEC 92-353, and UL 1309 to read as follows:
Sec. 110.10-1 Incorporation by reference.
* * * * *
(b) * * *
* * * * *
International Electrotechnical Commission ...........................
(IEC), 3 Rue de Varembe, Geneva,
Switzerland. (Also available from ANSI.).
* * * * *
IEC 92-350, Electrical Installations in 111.60-1
Ships, Part 350: Low Voltage Shipboard
Power Cables--General Construction and
Test Requirements, 1988 amendment 1 (1994).
* * * * *
IEC 92-353, Electrical Installations in 111.60-1;
Ships, Part 353: Single and Multicore Non- 111.60-3
radial Field Power Cables with Extruded
Solid Insulation for Rated Voltages 1kV
and 3kV, 1995-01.
* * * * *
Underwriters Laboratories, Inc. (UL), 12 ...........................
Laboratory Drive, Research Triangle Park,
NC 27709-3995..
* * * * *
UL 1309, Standard for Marine Shipboard 111.60-1;
Cables, 1995. 111.60-3
* * * * *
PART 111--ELECTRIC SYSTEMS--GENERAL REQUIREMENTS
3. The authority citation for part 111 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703; 49 CFR 1.46.
4. In Sec. 111.60-1, revise paragraphs (a) and (b) and the
introductory text of paragraph (c) to read as follows:
Sec. 111.60-1 Cable construction and testing.
(a) Each marine shipboard cable must meet all of the construction
and identification requirements of either IEEE Std 45, IEC 92-3, IEC
92-350, IEC 92-353, UL 1309, MIL-C-24640A, or MIL-C-24643A and the
respective flammability test contained in them and be of a copper
stranded type.
Note to Paragraph (a): MIL-C-915 cable is acceptable only for
repairs and replacements in kind. MIL-C-915 cable is no longer
acceptable for alterations, modifications, conversions, or new
construction. (See Sec. 110.01-3 of this chapter).
(b) Each cable constructed to IEC 92-3 or IEC 92-353 must meet the
flammability requirements of IEC 332-3, Category A.
(c) Electrical cable that has a polyvinyl chloride insulation with
a nylon jacket (Type T/N) must meet UL 1309 or, must meet the
requirements for polyvinyl chloride insulated cable in section 18 of
IEEE Std 45, except--
* * * * *
5. In Sec. 111.60-3, revise paragraphs (a) and (b) to read as
follows:
Sec. 111.60-3 Cable application.
(a) Cable constructed in accordance with IEEE Std 45 must meet the
cable application provisions of section 19 of IEEE Std 45. Cable
constructed in accordance with IEC 92-3, IEC 92-353, or UL 1309 must
meet the provisions of section 19 of IEEE Std 45, except 19.6.1,
19.6.4, and 19.8. Cable constructed in accordance with IEC 92-3 and IEC
92-353 must comply with the ampacity values of IEC 92-352, Table 1.
(b) Type T/N cables must meet section 19 of IEEE Std 45 for Type T
insulation or the provisions listed in UL 1309.
* * * * *
Dated: February 2, 2000.
Joseph J. Angelo,
Acting Assistant Commandant for Marine Safety and Environmental
Protection.
[FR Doc. 00-2821 Filed 2-7-00; 8:45 am]
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