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


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2012-0839]


Mobile Offshore Drilling Unit (MODU) Electrical Equipment 
Certification Guidance

AGENCY: Coast Guard, DHS.

ACTION: Notice of policy.

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

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

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

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

SUPPLEMENTARY INFORMATION: 

Background

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

[[Page 71608]]

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

Authority

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

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