[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]
BILLING CODE 4910-15-U