[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