[Federal Register Volume 78, Number 121 (Monday, June 24, 2013)]
[Proposed Rules]
[Pages 37760-37774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14951]



[[Page 37760]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend its regulations. This 
proposed subpart would be applicable to foreign Mobile Offshore 
Drilling Units (MODUs), floating facilities, and vessels that engage in 
OCS activities for the first time after the effective date of the 
regulations. The proposed subpart would also be applicable to newly 
constructed U.S. MODUs, floating facilities, and vessels, excluding 
offshore supply vessels (OSVs). The proposed regulations would expand 
the list of national and international explosion protection standards 
deemed acceptable, as well as add the internationally accepted 
independent third-party certification system, the IEC System for 
Certification to Standards relating to Equipment for use in Explosive 
Atmospheres, as an accepted method of testing and certifying electrical 
equipment intended for use in hazardous locations. The proposed 
regulations would also provide owners and operators of existing U.S. 
MODUs, floating OCS facilities, and vessels, other than OSVs, that 
engage in OCS activities and U.S. tank vessels that carry flammable or 
combustible cargoes the option of choosing between the compliance 
regime contained in existing regulations. This proposal would support 
the U.S. Coast Guard's maritime safety mission.

DATES: Comments and related material must either be submitted to our 
online docket via http:[sol][sol]www.regulations.gov on or before 
September 23, 2013 or reach the Docket Management Facility by that 
date.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0850 using any one of the following methods:
    (1) Federal eRulemaking Portal: http:[sol][sol]www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.
    Viewing incorporation by reference material: You may inspect the 
material proposed for incorporation by reference at room 1304 U.S. 
Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-
0001 between 9 a.m. and 2 p.m., Monday through Friday, except Federal 
holidays. The telephone number is 202-372-1381. Copies of the material 
are available as indicated in the ``Incorporation by Reference'' 
section of this preamble.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Raymond Martin, Systems Engineering Division 
(CG-ENG-3), Coast Guard; telephone 202-372-1384, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Public Meeting
II. Abbreviations
III. Background
IV. Discussion of Proposed Rule
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. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http:[sol][sol]www.regulations.gov and will include 
any personal information you have provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-0850), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online or by fax, mail, or hand delivery, but please use only one of 
these means. We recommend that you include your name and a mailing 
address, an email address, or a phone number in the body of your 
document so that we can contact you if we have questions regarding your 
submission.
    To submit your comment online, go to http://www.regulations.gov and 
insert ``USCG-2012-0850'' in the ``Search'' box. Click on ``Submit a 
Comment'' in the ``Actions'' column. If you submit your comments 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 comments by mail and would like to know that 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 and may change this proposed rule based on your 
comments.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov and 
insert ``USCG-2012-0850'' in the ``Search'' box. Click ``Search.'' 
Click the ``Open Docket Folder'' in the ``Actions'' column. If you do 
not have access to the Internet, you may view the docket online by 
visiting the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. We have an agreement 
with the Department of Transportation to use the Docket Management 
Facility.

C. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or

[[Page 37761]]

signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

D. Public Meeting

    We do not now plan to hold a public meeting. You may submit a 
request for one to the docket using one of the methods specified under 
ADDRESSES. In your request, explain why you believe a public meeting 
would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

II. Abbreviations

ABS American Bureau of Shipping
ANSI American National Standards Institute
API American Petroleum Institute
ASTM ASTM International
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
ExTL Ex Testing Laboratory
ExTR Ex Test Report
FAM Final action memo
FR Federal Register
IEC International Electrotechnical Commission
IECEx System IEC System for 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
MISLE Marine Information for Safety and Law Enforcement
MSC Marine Safety Center
MODU Mobile Offshore Drilling Unit
NARA National Archives and Records Administration
NAVSEA Naval Sea Systems Command
NEC National Electrical Code
NEMA National Electrical Manufacturers Association
NEPA National Environmental Policy Act
NFPA National Fire Protection Association
NPFC Naval Publications and Forms Center
NPRM Notice of Proposed Rulemaking
NRTL Nationally Recognized Testing Laboratory
OCS Outer Continental Shelf
OMB Office of Management and Budget
OSV Offshore Supply Vessel
QAR Quality Assessment Report
RP Recommended Practice
SANS Ship Arrival Notification System
SOLAS International Convention for Safety of Life at Sea, 1974
U.S. United States
U.S.C. United States Code

III. Background

    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, and sinking of the Mobile 
Offshore Drilling Unit (MODU) DEEPWATER HORIZON and the resulting loss 
of 11 of its crew members. One key finding of the Coast Guard's 
investigation of the DEEPWATER HORIZON emphasized the importance of 
proper electrical equipment installations in hazardous locations during 
oil drilling exploration on U.S. and foreign MODUs. The ignition or 
explosion hazards posed by electrical equipment installations during 
Outer Continental Shelf (OCS) activities involving storage, production 
and processing of hydrocarbons were also considered in the report. You 
may view a copy of the FAM and the investigation 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 Coast Guard, 
therefore, reviewed the existing regulations for hazardous locations, 
specifically the requirements for electrical equipment testing and 
certification as well as the referenced 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 in 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. While 
foreign floating OCS facilities must meet the same engineering 
standards as U.S. floating OCS facilities, foreign vessels generally 
meet the standards of their flag administration. Their compliance with 
international standards, such as the IMO MODU Code, is subject to the 
interpretation of the applicable flag administration. With respect to 
explosion protection standards, this can result in the installation of 
equipment on vessels that has not been tested by an independent third-
party laboratory. The Coast Guard believes that U.S. and foreign 
vessels and floating facilities that engage in OCS activities for the 
first time, after the effective date of the regulations, should have 
equivalent standards. The Coast Guard, therefore, proposes to require 
third-party testing and certification of electrical equipment in 
hazardous locations in order to achieve an equivalency of standards 
between U.S. and foreign vessels and floating facilities.
    The Coast Guard identified an international certification system 
that requires full testing to the IEC 60079 series of explosion 
protection standards. The IECEx System pertains to ``Certification to 
Standards Relating to Equipment for Use in Explosive Atmospheres'' 
which requires full testing to the applicable IEC 60079 standard by an 
explosive atmospheres (Ex) Testing Laboratory (ExTL) and issuance of 
certification (Certificate of Conformity) by an Ex Certification Body 
(ExCB). The ExTL and ExCB are accepted under the IECEx system after 
meeting the competency requirements established by the International 
Organization for Standardization (ISO)/IEC Standard 17025 and related 
IECEx Operational Documents and Rules of Procedure. Some foreign flag 
administrations do not impose the IEC 60079 series of standards, and 
instead accept an ``EC Type Examination Certificate'' issued under the 
European Commission Directive (94/9/EC) on Equipment and Protective 
Systems Intended for use in Potentially Explosive Atmospheres (ATEX 
Directive) for EU member nations. In contrast to IECEx, certification 
under the ATEX Directive show compliance with the Essential Health and 
Safety Requirements of the ATEX directive for which full or partial 
compliance with an IEC harmonized standard, may be used, but it does 
not specifically require full testing and certification by an 
independent third party laboratory. Accordingly, to adequately address 
the DEEPWATER HORIZON report's recommendations identified above, the 
Coast Guard proposes to amend the hazardous locations regulations to 
include the IECEx System. Additionally, the Coast Guard proposes to 
expand the list of national and international explosion protection 
standards deemed acceptable.

IV. Discussion of Proposed Rule

    The Coast Guard proposes to add a new subpart, 46 CFR subpart 
111.108, that would require foreign MODUs, floating OCS facilities, and 
vessels that engage in OCS activities for the first time after the 
effective date of the regulations, to have a level of safety equivalent 
to the certification regime required under subpart 111.105. Currently, 
these vessels and floating OCS facilities must comply with 33 CFR 
subchapter N. We propose to amend 33

[[Page 37762]]

CFR 143.120, add 143.208, and add 143.302 to require newly built 
foreign vessels and floating OCS facilities and existing foreign 
vessels and floating facilities that have never operated on the OCS to 
meet the proposed subpart 46 CFR 111.108.
    Foreign vessels and floating facilities operating on the OCS at the 
time of the effective date of the final rule will not be required to 
meet the requirements of this proposed rule because they are already 
subject to the existing applicable international standards and have 
been inspected by the Coast Guard in accordance with 33 CFR subchapter 
N. Through its existing inspection authorities, the Coast Guard is 
examining electrical installations in hazardous locations on these 
vessels and floating OCS facilities to ensure they meet the appropriate 
standards. While this existing compliance scheme is workable, it is 
less than ideal as it leads to a patchwork of different standards 
across the OCS, which makes inspection by port state control officers 
and compliance by owners and operators more difficult because it 
requires familiarity with multiple standards and certification schemes. 
The Coast Guard has determined that the benefit of a consistently 
applied standard is preferable and its requirements can be followed at 
little to no cost (see discussion of costs below).
    This proposed subpart would also apply to newly constructed U.S. 
MODUs, floating facilities, and vessels, excluding offshore supply 
vessels (OSVs) \1\. Additionally, this proposed rule would provide 
owners and operators of existing U.S. MODUs, floating OCS facilities, 
and vessels, other than OSVs, that engage in OCS activities and U.S. 
tank vessels that carry flammable or combustible cargoes the option of 
choosing between the compliance regime contained in existing subpart 
111.105 or the one in proposed subpart 111.108. Note, this proposed 
rule would not affect any existing domestic-flagged vessels or 
facilities that have not already operated on the OCS as they comply 
with subpart 111.105.
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    \1\ These proposed regulations would not apply to U.S. OSVs 
although those vessels may be the subject of a separate, future 
rulemaking. Currently, U.S. OSVs must meet the hazardous location 
requirements of 46 CFR subchapter L.
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    This proposed rule would allow the use of the latest editions of 
the North American Nationally Recognized Testing Laboratory (NRTL) 
standards, the American National Standards Institute/International 
Society of Automation (ANSI/ISA) 60079 series of standards referenced 
in Article 505 of the National Electrical Code (NEC), and the 
international consensus standards, International Electrotechnical 
Commission (IEC) 60079 Series. Further, the proposed regulations would 
permit the use of an internationally accepted certification system, the 
IECEx System.
    The term ``hazardous location'' is broadly understood as a location 
where concentrations of flammable gases, vapors, or dusts (commonly 
referred to as explosive atmospheres) occur or may be present. 
Electrical equipment in these locations are specifically designed, 
tested, certified, or listed, and installed to ensure that explosions 
due to equipment arcing or high surface temperature do not occur. 
Hazardous locations may be classified by Class/Division or by Zone; 
thus the definitions of these terms would be included in the proposed 
revisions to Sec.  110.15-1.
    The Coast Guard proposes to add provisions specific to U.S. and 
foreign MODUs, floating OCS facilities, vessels (excluding U.S. OSVs) 
engaged in OCS activities, and U.S. tank vessels that carry flammable 
and combustible cargoes. These provisions would prescribe the use of 
the latest editions of widely accepted NRTL or international consensus 
standards.
    With respect to U.S. industry standards, these proposed regulations 
would allow U.S. and foreign MODUs, floating OCS facilities, vessels 
(excluding U.S. OSVs) engaged in OCS activities, and existing U.S. 
MODUs, floating OCS facilities, and vessels, other than OSVs, that 
engage in OCS activities and U.S. tank vessels carrying flammable and 
combustible cargoes to comply with either of two hazardous locations 
classification systems found in the NEC, also known as National Fire 
Protection Association 70 (NFPA 70). Both of these systems classify 
hazardous locations according to the likely presence of explosive 
atmospheres. Hazardous locations may comply with Articles 500 through 
504 of NFPA 70, expressed in Class and Divisions, or may comply with 
Article 505 of NFPA 70, expressed in Class and Zones. Articles 501 and 
505 provide guidance in combining listed or certified equipment for use 
in Division or Zone hazardous locations. In order to delineate areas 
within a Class I, Division 1 location where explosive atmospheres are 
always present (i.e., equivalent to Zone 0 in Article 505 of NFPA 70), 
the Coast Guard decided to use the term ``Class I, Special Division 
1.'' This term is based on the American Petroleum Institute Recommended 
Practice (API RP) 500. Regardless of which Article of NFPA 70 is 
followed, the proposed regulations in Sec.  111.108-3(b)(1) and (b)(2) 
would require the equipment to be tested and listed or certified by a 
Coast Guard-accepted independent laboratory. A list of Coast Guard-
accepted independent laboratories can be found at http://cgmix.uscg.mil/.
    As an alternative to the North American NRTL standards, the 
proposed regulations for hazardous locations would allow U.S. and 
foreign MODUs, floating OCS facilities and vessels engaged in OCS 
activities, existing U.S. MODUs, floating OCS facilities, and vessels, 
other than OSVs, that engage in OCS activities, and U.S. tank vessels 
carrying flammable and combustible cargoes to comply with the widely 
accepted international standards IEC 61892-7 or IEC 60092-502. 
Consistent with the North American NRTL standards, the proposed 
regulations in Sec.  111.108-3(b)(3) would require electrical equipment 
to be tested and approved or certified by a Coast Guard-accepted 
independent laboratory in order to meet the provisions of Clause 6 of 
IEC 61892-7 or Clause 6 of IEC 600092-502, as applicable.
    The Coast Guard believes it is a vitally important and appropriate 
safety measure for the testing laboratory and certification body to 
follow published procedures established under an international 
certification scheme and conformity assessment system when performing 
the various testing and certification of electrical equipment for use 
in hazardous locations. Under the existing international regulatory 
standards governing foreign vessels and floating facilities engaged in 
OCS activities, however, equipment could be installed in hazardous 
locations that meets the IEC 60079 explosion protection standards but 
has not been tested and certified by an independent body. For this 
reason, the Coast Guard, through this NPRM, proposes to adopt the 
international certification system, the IECEx System, which implements 
the IEC 60079 series of standards. Additionally, the proposed 
regulations would add a new paragraph (q) in Sec.  110.25-1, ``Plans 
and information required for new construction,'' which would specify 
submittal of IECEx certification.
    The IECEx System is an internationally accepted certification 
system, widely used throughout the industry, that ensures electrical 
equipment is manufactured, tested, marked, installed, and certified for 
full compliance with the applicable IEC 60079 standards by a competent 
authority. Approval under the IECEx System involves an Ex Certification 
Body (ExCB) and an Ex Testing Laboratory (ExTL) that have been

[[Page 37763]]

accepted into the IECEx System after meeting competence requirements 
found in the International Organization for Standardization ISO/IEC 
Standard 17025 and related IECEx procedures. The ExTL tests the subject 
equipment and drafts an Ex 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 QAR 
and ExTR, the ExCB issues an IECEx Certification of Conformity for the 
equipment.
    For protections not covered by the standards discussed above, this 
proposed rule would incorporate existing requirements for other large 
vessels. For example, proposed Sec.  111.108-3 contains submerged pump 
motor requirements based on existing Subpart 111.105 and tank barge 
regulations. It also incorporates ASTM International (ASTM) F2876-10, 
``Standard Practice for Thermal Rating and Installation of Internal 
Combustion Engine Packages for Use in Hazardous Locations in Marine 
Applications,'' to address the growing use of engines with electronic 
controls that could cause arcing or sparking in hazardous locations.

V. Incorporation by Reference

    Material proposed for incorporation by reference appears in 46 CFR 
110.10. 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.
    Before publishing a binding rule, we will submit this material to 
the Director of the Federal Register for approval of the incorporation 
by reference.

VI. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on these statutes or executive orders.

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. Two additional executive orders were recently 
published to promote the goals of Executive Order 13563: Executive 
Orders 13609 (``Promoting International Regulatory Cooperation'') and 
13610 (``Indentifying and Reducing Regulatory Burdens''). Executive 
Order 13609 targets international regulatory cooperation to reduce, 
eliminate, or prevent unnecessary differences in regulatory 
requirements. Executive Order 13610 aims to modernize the regulatory 
systems and to reduce unjustified regulatory burdens and costs on the 
public.
    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, 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 
proposed rule to ascertain its probable impacts on industry. We 
consider all estimates and analysis in this Regulatory Analysis to be 
draft and subject to change in consideration of public comments.
    A summary of the draft Regulatory Assessment follows:
Costs
    A breakdown of the population, the effect of the proposed rule on 
said population, and the number of vessels included in each vessel 
class follows in Table 1.

             Table 1--Affected Populations: U.S. and Foreign
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                                                             Number of
                                  Effect due to proposed     Vessels &
                                        regulation          Facilities
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                    U.S. Vessels, excluding OSVs \2\
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New to OCS.....................  Currently 111.105,                   56
                                  regulation provides
                                  option to pursue
                                  111.108.
Existing with prior OCS          Currently 111.105,                  243
 activities.                      regulation provides
                                  option to pursue
                                  111.108.
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                U.S. MODUs & floating OCS facilities \3\
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New Builds.....................  Must comply with                     24
                                  111.108.
New to OCS.....................  Currently 111.105,                    0
                                  regulation provides
                                  option to pursue
                                  111.108.
Existing with prior OCS          Currently 111.105,                   30
 activities.                      regulation provides
                                  option to pursue
                                  111.108.
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                          U.S. Tank Vessels \4\
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New Builds.....................  Currently 111.105,              172 \5\
                                  regulation provides
                                  option to pursue
                                  111.108.
Existing.......................  Currently 111.105,            6,080 \6\
                                  regulation provides
                                  option to pursue
                                  111.108.
------------------------------------------------------------------------
                           Foreign Vessels \7\
------------------------------------------------------------------------
New to OCS.....................  Must comply with                      0
                                  111.108.
Existing with prior OCS          No Change..............               2
 activities.
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[[Page 37764]]

 
               Foreign MODUs & floating OCS facilities \8\
------------------------------------------------------------------------
New to OCS.....................  Must comply with                     16
                                  111.108.
Existing with prior OCS          No Change..............              80
 activities.
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\2\ Population data obtained via queries of the MISLE (Marine
  Information for Safety and Law Enforcement) database, maintained by
  the U.S. Coast Guard.
\3\ Population data obtained via queries of the MISLE and SANS (Ship
  Arrival Notification System) databases, both maintained by the U.S.
  Coast Guard.
\4\ Population data obtained via queries of the MISLE database,
  maintained by the U.S. Coast Guard.
\5\ 3.5 Tank Ships + 168.6 Tank Barges = 172 newly built per year
  (estimated over a ten year period).
\6\ 225 Tank Ships + 5,855 Tank Barges = 6,080.
\7\ Population data obtained via queries of the MISLE and SANS
  databases, both maintained by the U.S. Coast Guard.
\8\ Population data obtained via queries of the MISLE and SANS
  databases, both maintained by the U.S. Coast Guard.

U.S. Vessels
    We do not anticipate any costs to be borne by the U.S.-flagged 
vessels that would be affected by this proposed rule. The proposed rule 
would require that all U.S. vessels, excluding OSVs, comply with the 
newly created subpart 111.108. Our analysis is simplified due to the 
population demographics, which are filtered to include only those 
vessels which would (a) be on the OCS in pursuit of OCS activities as 
defined by this proposed rule, and (b) contain a hazardous area. 
Evaluation of vessel population data maintained by the Coast Guard and 
contained in the Marine Information for Safety and Law Enforcement 
(MISLE) database allows us to determine a potential 297 vessels that 
would fall under the umbrella of this proposed rule. All of these 
vessels are of the oil recovery type.
    Proposed subpart 111.108 would not impose any burden on U.S. 
vessels due to the nature of the standards being incorporated. For 
example, existing subpart 111.105 refers to Articles 500-505 of the NEC 
(2002) while proposed subpart 111.108 would refer to NEC (2011) 
Articles 500-505. Because North American certification of electrical 
equipment is generally to the most current edition of the published 
reference standards,\9\ 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 
Coast Guard strives to incorporate updated standards after publication 
by the standards development organizations. During the time between the 
publication date of the updated standard and the date it is 
incorporated into Coast Guard regulations, certifying laboratories 
evaluate new equipment using the updated standard. Because all of the 
vessels affected by this proposed rule would be newly built and the 
equipment will be certified before being installed on these vessels, 
all vessels affected by this proposed rule would be required to be in 
compliance with the updated standards proposed in subpart 111.108.
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    \9\ Confirmed by Principal Engineer--Global Hazardous Locations 
Product Safety, UL LLC., 12/26/2012
---------------------------------------------------------------------------

    The logic applied to U.S. vessels, excluding OSVs, applies to U.S. 
MODUs and floating OCS facilities as well. We do not anticipate any 
cost burden associated with this proposed rule to be imposed on this 
vessel class. We believe this because the affected population is 
entirely found under the `new build' designation. As discussed earlier, 
these new builds would be required to comply with proposed subpart 
111.108, a subpart that contains the updated standards to which new 
equipment would be certified. As with the vessels discussed earlier, in 
the absence of proposed subpart 111.108, new equipment would be built 
to the most current standards as a matter of industry practice. Over 
the 10-year period during which the population data for this vessel 
class was compiled, 24 new MODUs were built and a single U.S. MODU 
entered the OCS from a foreign location. Under the proposed rule, this 
scenario would not require any costs to the vessel owner as there is no 
change in the regulatory environment for these existing vessels.
    The proposed rule contains language pertinent to existing U.S. 
MODUs, floating OCS facilities, and vessels, other than OSVs, that 
engage in OCS activities, and U.S. tank vessels, but we do not foresee 
any associated costs to the owners of these vessels and facilities. 
Currently, the regulations for electrical installations in hazardous 
locations are contained in subpart 111.105. The proposed regulation 
will expand the available subparts to include proposed subpart 111.108, 
while still allowing owners and operators, the option to remain subject 
to existing subpart 111.105.
Foreign Vessels
    Currently, foreign vessels are required to comply with the 
regulations governing electrical installations in hazardous locations 
of the nation under whose flag they operate. This proposed rule would 
require foreign vessels new to the OCS to comply with proposed subpart 
111.108. Our analysis is simplified due to the population that the 
proposed regulation is expected to affect. Based on historical 
information found in the Ship Arrival Notification System (SANS) \10\ 
database, we are able to ascertain the number of foreign vessels that 
have engaged in OCS activities. After filtering this population data 
for vessels with prior visits to the OCS, we anticipate the affected 
foreign vessel population that is new to the OCS to be zero. 
Additionally, there were no new arrivals on the OCS by foreign vessels 
built within the ten year period, 2002-2011, that would be affected by 
the proposed rule. It is for these reasons that there is no anticipated 
cost burden on vessels within this class. Foreign MODUs, however, 
require special consideration, which is provided in the following 
section.
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    \10\ This database is maintained by the Coast Guard and contains 
a record of vessel arrival and departure data.
---------------------------------------------------------------------------

    Currently, foreign MODUs & floating facilities that engage in OCS 
activities are subject to the regulatory schemes accepted by the nation 
under whose flag they operate. Equipment certified and accepted by a 
flag administration may or may not include evaluation by an accepted 
third-party laboratory. The Coast Guard seeks to address this potential 
safety gap by requiring that electrical installations on foreign

[[Page 37765]]

MODUs & floating facilities conform to the required third-party 
certification processes accepted under proposed subpart 111.108. Those 
foreign MODUs & floating facilities that have engaged in documented OCS 
activities prior to implementation of the proposed rule would be exempt 
from proposed subpart 111.108, which would allow them to continue to 
operate without changes. The foreign MODUs & floating facilities that 
will be affected by this proposed rule are those vessels that are new 
to the OCS. Over a 10-year period between 2002 and 2011, 16 foreign-
flagged MODUs & floating facilities that would be affected by this 
proposed rule have entered the OCS. This equates to an average yearly 
rate of 1.6 \11\ vessels seeking entrance into U.S. waters in pursuit 
of engaging in OCS activities. We assume that this rate will stay 
constant into the future.
---------------------------------------------------------------------------

    \11\ 16 vessels & facilities/10 years = 1.6 vessels & facilities 
per year on average.
---------------------------------------------------------------------------

    Vessels that seek to engage in OCS activities for the first time 
that are not in compliance with the proposed rules have two options. 
The vessel owners can either replace the electrical equipment with 
equipment certified under a permissible scheme or seek recertification 
from a Coast Guard-approved third-party laboratory. As a conservative 
estimate, we constructed calculations for full replacement or 
recertification of all electrical equipment in hazardous areas present 
on the vessel, as the potential for partial replacement or 
recertification of non-conforming equipment will be determined on a 
vessel specific basis.
    We constructed cost estimates for both of these options after 
discussion with experts. We estimate that it would cost a vessel owner 
$500,000 \12\ per vessel for full replacement of electrical equipment 
in hazardous areas. The second option, recertification of the equipment 
covered by this proposed rule, may be lower in cost. Additionally, it 
may be the preferred option for some vessel owners looking to comply 
with the regulation proposed in this NPRM. For the purposes of our 
analysis, pertaining to the recertification option, significant 
information gaps exist regarding its implementation. A discussion of 
the shortcomings of said data follows.
---------------------------------------------------------------------------

    \12\ Estimate provided by Regulatory Advisor--MWCS, Exxon Mobil, 
8/14/2012.
---------------------------------------------------------------------------

    Recertification of equipment would begin with evaluation of 
existing laboratory documentation, if available, to ascertain the gap 
between what is acceptable to an ATEX certifying laboratory and what is 
acceptable to an IECEx certifying laboratory, for example. After the 
initial evaluation is completed, the next step would be a decision 
regarding acceptance, recertification, or replacement of the equipment. 
The cost estimate provided includes in-office labor for the initial 
evaluation, travel and labor time to complete a physical inspection, 
and final evaluation and document preparation by the certifying 
laboratory.
    The cost for recertification on a MODU is estimated to begin at 
$35,000.\13\ The estimated cost range for a given vessel to comply with 
the proposed regulation is between $35,000 to $500,000, depending on 
the composition and the extent of equipment replacement. The myriad 
types of MODUs and facilities operating on the OCS may contain a 
diverse range of equipment, with some equipment requiring replacement 
in order to comply with the proposed rulemaking, while other equipment 
may be able to be recertified after evaluation by a certified 
laboratory. A vessel found to have all equipment in compliance with the 
proposed regulation could conceivably proceed with recertification, for 
an estimated $35,000. However, because vessel specific information is 
unavailable, we estimate the cost of the proposed rulemaking 
conservatively at $500,000 per vessel, which reflects the cost 
associated with full replacement of electrical equipment on a vessel. 
At an entry rate of 1.6 per year and a cost of $500,000 per vessel & 
facility, the yearly cost for compliance for the industry is projected 
to be $800,000, as presented in Table 2.
---------------------------------------------------------------------------

    \13\ Estimate provided, via email, by Field Evaluation Program 
Manager, UL LLC, 9/6/2012.

                              Table 2--Annual Costs on Foreign Vessels & Facilities
----------------------------------------------------------------------------------------------------------------
                                                                   Undiscounted     Discounted
                              Year                                     cost             @3%       Discounted @7%
----------------------------------------------------------------------------------------------------------------
1...............................................................        $800,000        $776,699        $747,664
2...............................................................         800,000         754,077         698,751
3...............................................................         800,000         732,113         653,038
4...............................................................         800,000         710,790         610,316
5...............................................................         800,000         690,087         570,389
6...............................................................         800,000         669,987         533,074
7...............................................................         800,000         650,473         498,200
8...............................................................         800,000         631,527         465,607
9...............................................................         800,000         613,133         435,147
10..............................................................         800,000         595,275         406,679
                                                                 -----------------------------------------------
    Total.......................................................       8,000,000       6,824,162       5,618,865
Annualized......................................................         800,000         800,000         800,000
----------------------------------------------------------------------------------------------------------------

Benefits
    The Coast Guard is unable to monetize benefits. We can find no 
casualties that would have been prevented with recertification. 
However, the importance of 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/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 four alternatives when evaluating the effects of this 
proposed rule. The first, abstaining from action, was deemed to leave a 
significant hazard not addressed. Further, it allows a regulatory 
imbalance to exist because foreign vessels and facilities operating on 
the OCS would not be required to meet the same standards for explosion

[[Page 37766]]

protection and independent third-party certification as those of U.S. 
vessels and facilities operating in the same service.
    The second alternative we considered was to require both U.S. and 
foreign-flagged vessels and facilities to adhere to the existing 
international standards. This alternative was deemed insufficient 
because compliance with international standards, such as the 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 specific, 
comparable international standards acceptable to the Coast Guard. 
Because these latest editions of internationally recognized standards 
for explosion protection and independent third-party certification 
offer owners and operators greater flexibility while also avoiding the 
costs of coastal state specific requirements, the Coast Guard proposes 
to expand the list of international explosion protection standards 
deemed acceptable.
    The final alternative, implementing the proposed regulation, would 
put in place a regulatory regime that would 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 would be achieved through the use of the most current, 
internationally recognized standards for explosion protection and 
independent third-party certification. Lastly, the proposed regulation 
would expand the list of national and international explosion 
protection standards deemed acceptable for U.S. operators.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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.
    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 proposed 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 proposed rule, if promulgated, will 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.

C. Assistance for Small Entities

    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 proposed rule does not increase the burden under a current a 
collection of information under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501-3520). As defined in 5 CFR 1320.3(c), ``collection of 
information'' comprises reporting, recordkeeping, monitoring, posting, 
labeling, and other, similar actions. The title and description of the 
information collections, a description of those who must collect the 
information, and an estimate of the total annual burden follow. The 
estimate covers the time for reviewing instructions, searching existing 
sources of data, gathering and maintaining the data needed, and 
completing and reviewing the collection.
    Title: Plan Approval and Records for Electrical Engineering 
Regulations--Title 46 CFR Subchapter J.
    OMB Control Number: 1625-0031.
    Summary of the Collection of Information: The information sought 
here is needed to ensure compliance with our rules on electrical 
engineering for the design and construction of U.S.-flag commercial 
vessels.
    Need For Information: These regulations contain the primary 
standards for the review of electrical installations on all new U.S. 
Coast Guard certificated vessels except small passenger vessels. Recent 
amendments to the regulations clarify the regulations, bring them up to 
date, and delete unnecessary requirements. The revisions to Subchapter 
J reduced the reliance on domestic standards and adopted SOLAS and 
other international standards developed through consensus by the 
international maritime community. The information collection 
requirements described in this supporting statement are necessary to 
implement the regulations in 46 CFR Parts 110 through 113.
    The Coast Guard requires industry complete electrical engineering 
plans to meet performance requirements on new-built vessels. These 
requirements help resolve much of the confusion during inspections that 
has risen due to the varying special missions of modern merchant 
vessels.
    The collection of information is needed to demonstrate that certain 
specific regulations implement the international requirements. The 
requirements generally reflect routine practices for U.S. merchant 
companies.
    Proposed Use of Information: The purpose of the information 
collection is to ensure compliance with electrical safety regulations. 
Through the review of the plans prior to construction, the vessel owner 
of builder may be assured that the vessel, if built in accordance with 
the plans, will meet regulatory standards.
    Description of the Respondents: Owners, operators, and builders of 
vessels.
    Number of Respondents: 186.
    Frequency of Response: On occasion.
    Burden of Response: Hour Burden: 4,754 hours. Cost burden: 
$399,336.
    Estimate of Total Annual Burden: The estimated annual hour burden 
is 4,754 hours. The estimated annual cost burden is $399,336.
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), we will submit a copy of this proposed rule to the Office of 
Management and Budget (OMB) for its review of the collection of 
information.
    We ask for public comment on the proposed collection of information 
to help us determine how useful the information is; whether it can help 
us

[[Page 37767]]

perform our functions better; whether it is readily available 
elsewhere; how accurate our estimate of the burden of collection is; 
how valid our methods for determining burden are; how we can improve 
the quality, usefulness, and clarity of the information; and how we can 
minimize the burden of collection.
    If you submit comments on the collection of information, submit 
them both to OMB and to the Docket Management Facility where indicated 
under ADDRESSES, by the date under DATES.
    You need not respond to a collection of information unless it 
displays a currently valid control number from OMB. Before the Coast 
Guard could enforce the collection of information requirements in this 
proposed rule, OMB would need to approve the Coast Guard's request to 
collect this information.

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 does not have implications for federalism.
    It is well settled that States may not regulate in categories 
reserved for regulation by the Coast Guard. It is also well settled, 
now, that all of the categories 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 the field 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 rule addresses the design, 
construction, alteration, repair, maintenance, operation, and 
equipping, of vessels and facilities engaged in OCS activities. Because 
the States may not regulate within these categories, preemption under 
Executive Order 13132 is not an issue.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

G. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

H. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

I. Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed 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 proposed rule does not have tribal implications under 
Executive Order 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 proposed rule under Executive Order 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. This proposed rule is not a 
``significant regulatory action'' under Executive Order 12866, and it 
is not likely to have a significant adverse effect on the supply, 
distribution, or use of energy. The Administrator of the Office of 
Information and Regulatory Affairs has not designated it as a 
significant energy action. Therefore, it does not require a Statement 
of Energy Effects under Executive Order 13211.

L. Technical Standards

    The National Technology Transfer and Advancement Act (15 U.S.C. 272 
note) directs agencies to use voluntary consensus standards in their 
regulatory activities unless the agency provides Congress, through the 
Office of Management and Budget, 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 proposed 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
 ANSI/ISA 60079-18--Electrical Apparatus for Use in Class I, 
Zone 1 Hazardous (Classified) Locations: Type of Protection--
Encapsulation ``m'', 2012 (``ANSI/ISA 60079-18'')
 ANSI/UL 674--Electric Motors and Generators for Use in 
Division 1 Hazardous Locations (Classified) Locations, 5th Edition, 
(``ANSI/UL 674'')
 ANSI/UL 823--Electric Heaters for Use in Hazardous 
(Classified) Locations, 9th Edition (``ANSI/UL 823'')
 ANSI/UL 844--Electric Lighting Fixtures for Use in Hazardous 
(Classified) Locations, 13th Edition (``ANSI/UL 844'')
 ANSI/UL 913--Intrinsically Safe Apparatus and Associated 
Apparatus for use in Class I, II and III, Division 1, Hazardous 
Locations, 7th Edition (``ANSI/UL 913'')
 ANSI/UL 1203--Explosion-proof and Dust-ignition Proof 
Electrical Equipment for use in Hazardous (Classified) Locations, 4th 
Edition (``ANSI/UL 1203'')
 ANSI/UL 2225--Cables and Cable-Fittings for use in Hazardous 
(Classified) Locations, 3rd Edition (``ANSI/UL 2225'')
 ASTM F2876-10--Standard Practice for Thermal Rating and 
Installation of Internal Combustion Engine Packages for use in 
Hazardous Locations in Marine Applications (``ASTM F2876-10'')
 CSA C22.2 No. 0-M91--General Requirements--Canadian Electrical

[[Page 37768]]

Code, Part II, July 1991, Reaffirmed 2006 (``CSA C22.2 No. 0-M91'')
 CSA C22.2 No. 30-M1986--Explosion-Proof Enclosures for Use in 
Class I Hazardous Locations, November 1988, Reaffirmed 2007 (``CSA 
C22.2 No. 30-M1986'')
 CSA C22.2 No. 157-92--Intrinsically Safe and Non-incendive 
Equipment for Use in Hazardous Locations, June 2003, Reaffirmed 2006 
(``CSA C22.2 No. 157-92'')
 CSA C22.2 No. 213-M1987--Non-incendive Electrical Equipment 
for Use in Class I, Division 2 Hazardous Locations, March 1987, 
Reaffirmed 2008 (``CSA C22.2 No. 213-M1987'')
 Class Number 3600--Approval Standard for Electric Equipment 
for use in Hazardous (Classified) Locations General Requirements, 1998 
(``FM Approvals Class Number 3600'')
 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, 2010 (``FM Approvals 
Class Number 3610'')
 Class Number 3611--Approval Standard for Non-incendive 
Electrical Equipment for Use in Class I and II, Division 2, and Class 
III, Divisions 1 and 2, Hazardous (Classified) Locations, 2004 (``FM 
Approvals Class Number 3611'')
 Class Number 3615--Approval Standard for Explosionproof 
Electrical Equipment General Requirements, 2006 (``FM Approvals Class 
Number 3615'')
 Class Number 3620--Approval Standard for Purged and 
Pressurized Electrical Equipment for Hazardous (Classified) Locations, 
2000 (``FM Approvals Class Number 3620'')
 IEC 60079-1--Explosive Atmospheres--Part 1: Equipment 
Protection by Flameproof Enclosures ``d'', Sixth Edition, 2007 (``IEC 
60079-1'')
 IEC 60079-2--Explosive Atmospheres--Part 2: Equipment 
Protection by Pressurized Enclosures ``p'', Fifth Edition, 2007 (``IEC 
60079-2'')
 IEC 60079-5--Explosive Atmospheres--Part 5: Equipment 
Protection by Powder Filling ``q'', Third Edition, 2007 (``IEC 60079-
5'')
 IEC 60079-6--Explosive Atmospheres--Part 6: Equipment 
Protection by Oil Immersion ``o'', Third Edition, 2007 (``IEC 60079-
6'')
 IEC 60079-7--Explosive Atmospheres--Part 7: Equipment 
Protection by Increased Safety ``e'', Fourth Edition, 2006 (``IEC 
60079-7'')
 IEC 60079-11--Explosive Atmospheres--Part 11: Equipment 
Protection by Intrinsic Safety ``i'', Sixth Edition, 2011 (``IEC 60079-
11'')
 IEC 60079-13--Explosive atmospheres--Part 13: Equipment 
protection by pressurized room ``p'', Edition 1.0, 2010 (``IEC 60079-
13'')
 IEC 60079-15--Explosive Atmospheres--Part 15: Equipment 
Protection by type of protection ``n'', Edition 4.0, 2010 (``IEC 60079-
15'')
 IEC 60079-18--Explosive Atmospheres--Part 18: Equipment 
Protection by Encapsulation ``m'', Edition 3.0, 2009 (``IEC 60079-18'')
 IEC 60079-25--Explosive Atmospheres--Part 25: Intrinsically 
safe electrical systems, Edition 2.0, 2010 (``IEC 60079-25'')
 IEC 60092-502--Electrical Installation in Ships--Tankers--
Special Features, Fifth Edition, 1999 (``IEC 60092-502'')
 IEC 61892-7, Mobile and Fixed Offshore Units--Electrical 
Installations--Part 7: Hazardous Areas, Second Edition, 2007 (``IEC 
61892-7'')
 NEC 2011--National Electrical Code, 2011 (``NFPA 70'')
 NFPA 496--Standard for Purged and Pressurized Enclosures for 
Electrical Equipment, 2013 Edition (``NFPA 496'')
 UL 1604--Electrical Equipment for use in Class I and II, 
Division 2 and Class III Hazardous (Classified) Locations, Third 
Edition, (``UL 1604'')

    The proposed sections that reference these standards and the 
locations where these standards are available are listed in 46 CFR 
110.10-1.
    This proposed rule also uses a technical standard other than 
voluntary consensus standards:
     IMO Resolution A.1023(26), Code for the Construction and 
Equipment of Mobile Offshore Drilling Units, 2009 (``2009 IMO MODU 
Code'')
    The proposed section that references this standard and the 
locations where this standard is available are listed in 46 CFR 110.10-
1. They are used because we did not find voluntary consensus standards 
that are applicable to this proposed rule. If you are aware of 
voluntary consensus standards that might apply, please identify them by 
sending a comment to the docket using one of the methods under 
ADDRESSES. In your comment, please explain why you think the standards 
might apply.
    If you disagree with our analysis of the voluntary consensus 
standards listed above or are aware of voluntary consensus standards 
that might apply but are not listed, please send a comment to the 
docket using one of the methods under ADDRESSES. In your comment, 
please explain why you disagree with our analysis and/or identify 
voluntary consensus standards we have not listed that might apply.

M. Environment

    We have analyzed this proposed 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 
made a preliminary determination that this action is one of a category 
of actions that do not individually or cumulatively have a significant 
effect on the human environment. A preliminary environmental analysis 
checklist supporting this determination is available in the docket 
where indicated under the ``Public Participation and Request for 
Comments'' section of this preamble. This proposed rule is likely to be 
categorically excluded under section 2.B.2, figure 2-1, paragraphs 
(34)(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 
48243, July 23, 2002). This rule involves regulations concerning 
inspection and equipping of vessels; regulations concerning equipment 
approval and carriage requirements; and regulations concerning vessel 
operation safety standards. We seek any comments or information that 
may lead to the discovery of a significant environmental impact from 
this proposed rule.

List of Subjects

33 CFR Part 143

    Continental shelf, Marine safety, Occupational safety and health, 
Vessels.

46 CFR Part 110

    Reporting and recordkeeping requirements, Vessels.

46 CFR Part 111

    Vessels.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 143 and 46 CFR parts 110 and 111 as follows:

[[Page 37769]]

TITLE 33--NAVIGATION AND NAVIGABLE WATERS

CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

Subchapter N--Outer Continental Shelf Activities

PART 143--DESIGN AND EQUIPMENT

0
1. 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
2. Amend Sec.  143.120 by adding paragraphs (d) and (e) to read as 
follows:


Sec.  143.120  Floating OCS facilities.

* * * * *
    (d) Each floating OCS facility that is built on or after (30 days 
after the DATE OF PUBLICATION OF FINAL RULE) and documented under the 
laws of a foreign nation must comply with the requirements of 46 CFR 
subpart 111.108 prior to engaging in OCS activities.
    (e) Each existing floating facility that is documented under the 
laws of a foreign nation and that has never operated on the OCS must 
comply with the requirements of 46 CFR subpart 111.108 prior to 
engaging in OCS activities.
0
3. Add Sec.  143.208 to read as follows:


Sec.  143.208  Hazardous location requirements on foreign MODUs.

    (a) Each mobile offshore drilling unit that is built on or after 
(30 days after the DATE OF PUBLICATION OF FINAL RULE) and documented 
under the laws of a foreign nation must comply with the requirements of 
46 CFR subpart 111.108 prior to engaging in OCS activities.
    (b) Each existing mobile offshore drilling unit that is documented 
under the laws of a foreign nation and that has never operated on the 
OCS must comply with the requirements of 46 CFR subpart 111.108 prior 
to engaging in OCS activities.
0
4. Add Sec.  143.302 to read as follows:


Sec.  143.302  Hazardous location requirements on foreign vessels 
engaged in OCS activities.

    (a) Each vessel that is built on or after (30 days after the DATE 
OF PUBLICATION OF FINAL RULE) that is documented under the laws of a 
foreign nation must comply with the requirements of 46 CFR subpart 
111.108 prior to engaging in OCS activities.
    (b) Each existing vessel that is documented under the laws of a 
foreign nation and that has never operated on the OCS 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
5. 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.

0
6. 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), 2100 Second Street SW., Stop 
7126, Washington, DC 20593-7126, 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 
http://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, http://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.
    (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.
    (c) American National Standards Institute (ANSI), 25 West 43rd 
Street, New York, NY 10036, 212-642-4900, http://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.
    (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.
    (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, IBR approved for Sec.  111.108-3(b).
    (4) ANSI/ISA 60079-18--Electrical Apparatus for Use in Class I, 
Zone 1 Hazardous (Classified) Locations: Type of Protection--
Encapsulation ``m'', 2012 (``ANSI/ISA 60079-18''), IBR approved for 
Sec.  111.108-3(e).
    (5) ANSI/UL 674--Electric Motors and Generators for Use in Division 
1 Hazardous Locations (Classified) Locations, 5th Edition, (``ANSI/UL 
674''), IBR approved for Sec.  111.108-3(b).
    (6) ANSI/UL 823--Electric Heaters for Use in Hazardous (Classified) 
Locations, 9th Edition (``ANSI/UL 823''), IBR approved for Sec.  
111.108-3(b).
    (7) ANSI/UL 844--Electric Lighting Fixtures for Use in Hazardous 
(Classified) Locations, 13th Edition (``ANSI/UL 844''), IBR approved 
for Sec.  111.108-3(b).
    (8) ANSI/UL 913--Intrinsically Safe Apparatus and Associated 
Apparatus for use in Class I, II and III, Division 1, Hazardous 
Locations, 7th Edition (``ANSI/UL 913''), IBR approved for Sec.  
111.108-3(b).
    (9) ANSI/UL 1203--Explosion-proof and Dust-ignition Proof 
Electrical Equipment for use in Hazardous (Classified) Locations, 4th 
Edition (``ANSI/UL 1203''), IBR approved for Sec.  111.108-3(b).
    (10) ANSI/UL 2225--Cables and Cable-Fittings for use in Hazardous 
(Classified) Locations, 3rd Edition (``ANSI/UL 2225''), IBR approved 
for Sec.  111.108-3(b).
    (d) ASME, Three Park Avenue, New York, NY 10016, 800-843-2763, 
http://www.asme.org:. (1) ASME A17.1-2000 Part 2 Electric Elevators, 
(2000) (``ASME A17.1''), IBR approved for Sec.  111.91-1.
    (2) [Reserved]

[[Page 37770]]

    (e) ASTM International (ASTM), 100 Barr Harbor Drive, West 
Conshohocken, PA 19428-2959, 610-832-9500, http://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.
    (2) ASTM F2876-10--Standard Practice for Thermal Rating and 
Installation of Internal Combustion Engine Packages for use in 
Hazardous Locations in Marine Applications, (``ASTM F2876-10''), IBR 
approved for Sec.  111.108-3(g).
    (f) Canadian Standards Association (CSA), 5060 Spectrum Way, Suite 
100, Mississauga, Ontario, L4W 5N6, Canada, 800-463-6727, http://www.csa.ca/.
    (1) CSA C22.2 No. 0-M91--General Requirements--Canadian Electrical 
Code, Part II, July 1991, Reaffirmed 2006 (``CSA C22.2 No. 0-M91''), 
IBR approved for Sec.  111.108-3(b).
    (2) CSA C22.2 No. 30-M1986--Explosion-Proof Enclosures for Use in 
Class I Hazardous Locations, November 1988, Reaffirmed 2007 (``CSA 
C22.2 No. 30-M1986''), IBR approved for Sec.  111.108-3(b).
    (3) CSA C22.2 No. 157-92--Intrinsically Safe and Non-incendive 
Equipment for Use in Hazardous Locations, June 2003, Reaffirmed 2006 
(``CSA C22.2 No. 157-92''), IBR approved for Sec.  111.108-3(b).
    (4) CSA C22.2 No. 213-M1987--Non-incendive Electrical Equipment for 
Use in Class I, Division 2 Hazardous Locations, March 1987, Reaffirmed 
2008 (``CSA C22.2 No. 213-M1987''), IBR approved for Sec.  111.108-
3(b).
    (g) FM Approvals, P.O. Box 9102, Norwood, MA 02062, 781-440-8000, 
http://www.fmglobal.com:
    (1) Class Number 3600--Approval Standard for Electric Equipment for 
use in Hazardous (Classified) Locations General Requirements, 1998 
(``FM Approvals Class Number 3600''), IBR approved for Sec.  111.108-
3(b).
    (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, 2010 (``FM Approvals 
Class Number 3610''), IBR approved for Sec.  111.108-3(b).
    (3) Class Number 3611--Approval Standard for Non-incendive 
Electrical Equipment for Use in Class I and II, Division 2, and Class 
III, Divisions 1 and 2, Hazardous (Classified) Locations, 2004 (``FM 
Approvals Class Number 3611''), IBR approved for Sec.  111.108-3(b).
    (4) Class Number 3615--Approval Standard for Explosionproof 
Electrical Equipment General Requirements, 2006 (``FM Approvals Class 
Number 3615''), IBR approved for Sec.  111.108-3(b).
    (5) Class Number 3620--Approval Standard for Purged and Pressurized 
Electrical Equipment for Hazardous (Classified) Locations, 2000 (``FM 
Approvals Class Number 3620''), IBR approved for Sec.  111.108-3(b).
    (h) Institute of Electrical and Electronic Engineers (IEEE), IEEE 
Service Center, 445 Hoes Lane, Piscataway, NJ 08854, 732-981-0060, 
http://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.
    (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.
    (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.
    (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.
    (5) IEEE Std 45-1998 IEEE Recommended Practice for Electric 
Installations on Shipboard--1998, October 19, 1998 (``IEEE 45-1998''), 
IBR approved for Sec. Sec.  111.30-19, 111.105-3, 111.105-31, and 
111.105-41.
    (6) IEEE Std 45-2002 IEEE Recommended Practice for Electrical 
Installations On Shipboard--2002, 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.
    (7) IEEE 100 The Authoritative Dictionary of IEEE Standards Terms, 
Seventh Edition, 2000 (``IEEE 100''), IBR approved for Sec.  110.15-1.
    (i) International Electrotechnical Commission (IEC), 3 Rue de 
Varembe, Geneva, Switzerland, +41 22 919 02 11, http://www.iec.ch/:
    (1) IEC 68-2-52, 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 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.
    (3) 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.
    (4) IEC 332-1 Tests on Electric Cables Under Fire Conditions, Part 
1: Test on a Single Vertical Insulated Wire or Cable, Third Edition, 
1993 (``IEC 332-1''), IBR approved for Sec.  111.30-19.
    (5) 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.
    (6) 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.
    (7) 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.
    (8) IEC 60079-1--Explosive Atmospheres--Part 1: Equipment 
Protection by Flameproof Enclosures ``d'', Sixth Edition, 2007 (``IEC 
60079-1''), IBR approved for Sec.  111.108-3(b).
    (9) 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.
    (10) IEC 60079-2--Explosive Atmospheres--Part 2: Equipment 
Protection by Pressurized Enclosures ``p'', Fifth Edition, 2007 (``IEC 
60079-2''), IBR approved for Sec.  111.108-3(b).
    (11) 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.
    (12) IEC 60079-5--Explosive Atmospheres--Part 5: Equipment 
Protection by Powder Filling ``q'', Third Edition, 2007 (``IEC 60079-
5''), IBR approved for Sec.  111.108-3(b).
    (13) IEC 60079-6 Electrical Apparatus for Explosive Gas 
Atmospheres--Part 6: Oil Immersion ``o'', Second Edition, 1995 (``IEC 
79-6''), IBR approved for Sec. Sec.  111.105-1, 111.105-3, 111.105-5, 
111.105-7, 111.105-15, and 111.105-17.
    (14) IEC 60079-6--Explosive Atmospheres--Part 6: Equipment 
Protection by Oil Immersion ``o'', Third Edition, 2007 (``IEC 60079-
6''), IBR approved for Sec.  111.108-3(b).

[[Page 37771]]

    (15) 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.
    (16) IEC 60079-7--Explosive Atmospheres--Part 7: Equipment 
Protection by Increased Safety ``e'', Fourth Edition, 2006 (``IEC 
60079-7''), IBR approved for Sec.  111.108-3(b).
    (17) 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.
    (18) IEC 60079-11--Explosive Atmospheres--Part 11: Equipment 
Protection by Intrinsic Safety ``i'', Sixth Edition, 2011 (``IEC 60079-
11''), IBR approved for Sec.  111.108-3(b).
    (19) IEC 60079-13--Explosive atmospheres--Part 13: Equipment 
protection by pressurized room ``p'', Edition 1.0, 2010 (``IEC 60079-
13''), IBR approved for Sec.  111.108-3(b).
    (20) 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.
    (21) IEC 60079-15--Explosive Atmospheres--Part 15: Equipment 
Protection by type of protection ``n'', Edition 4.0, 2010 (``IEC 60079-
15''), IBR approved for Sec.  111.108-3(b).
    (22) IEC 60079-18 Electrical Apparatus for Explosive Gas 
Atmospheres--Part 18: Encapsulation ``m'', First Edition, 1992 (``IEC 
79-18''), IBR approved for Sec. Sec.  111.105-1, 111.105-3, 111.105-5, 
111.105-7, 111.105-15, and 111.105-17.
    (23) IEC 60079-18--Explosive Atmospheres--Part 18: Equipment 
Protection by Encapsulation ``m'', Edition 3.0, 2009 (``IEC 60079-
18''), IBR approved for Sec.  111.108-3(e).
    (24) IEC 60079-25--Explosive Atmospheres--Part 25: Intrinsically 
safe electrical systems, Edition 2.0, 2010 (``IEC 60079-25''), IBR 
approved for Sec.  111.108-3(b).
    (25) 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.
    (26) IEC 92-201 Electrical Installation in Ships, Part 201: System 
Design--General, Fourth Edition, 1994 (``IEC 92-201''), IBR approved 
for Sec. Sec.  111.70-3 and 111.81-1.
    (27) IEC 92-202 Amendment 1 Electrical Installation in Ships, Part 
202: System Design--Protection, 1996 (``IEC 92-202''), IBR approved for 
Sec. Sec.  111.12-7, 111.50-3, 111.53-1, and 111.54-1.
    (28) IEC 92-301 Amendment 2 Electrical Installation in Ships, Part 
301: Equipment--Generators and Motors, 1995 (``IEC 92-301''), IBR 
approved for Sec. Sec.  111.12-7, 111.25-5, and 111.70-1.
    (29) 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.
    (30) IEC 92-303 Electrical Installation in Ships, Part 303: 
Equipment--Transformers for Power and Lighting, Third Edition, 1980 
(``IEC 92-303''), IBR approved for Sec.  111.20-15.
    (31) IEC 92-304 Amendment 1 Electrical Installation in Ships, Part 
304: Equipment--Semiconductor Convertors, 1995 (``IEC 92-304''), IBR 
approved for Sec. Sec.  111.33-3 and 111.33-5.
    (32) IEC 92-306 Electrical Installation in Ships, Part 306: 
Equipment--Luminaries and accessories, Third Edition, 1980 (``IEC 92-
306''), IBR approved for Sec. Sec.  111.75-20 and 111.81-1.
    (33) 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.
    (34) IEC 92-353 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 
92-353''), IBR approved for Sec. Sec.  111.60-1, 111.60-3, and 111.60-
5.
    (35) IEC 92-401 Electrical Installations in Ships, Part 401: 
Installation and Test of completed Installation with amendment 1 (1987) 
and amendment 2 (1997), Third Edition, 1980 (``IEC 92-401''), IBR 
approved for Sec. Sec.  111.05-9 and 111.81-1.
    (36) IEC 60092-502 Electrical Installation in Ships, Part 502: 
Tankers--Special Features, 1999 (``IEC 60092-502''), IBR approved for 
Sec. Sec.  111.81-1, 111.105-31, and 111.108-3(b).
    (37) IEC 92-503 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 92-
503''), IBR approved for Sec.  111.30-5.
    (38) 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.
    (39) IEC 60533 Electrical and Electronic Installations in Ships--
Electromagnetic Compatibility, Second Edition, 1999 (``IEC 60533''), 
IBR approved for Sec.  113.05-7.
    (40) 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.
    (41) 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.
    (42) IEC 61892-7, Mobile and Fixed Offshore Units--Electrical 
Installations--Part 7: Hazardous Areas, Second Edition, 2007 (``IEC 
61892-7''), IBR approved for Sec.  111.108-3(b).
    (43) 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.
    (j) International Maritime Organization (IMO), 4 Albert Embankment, 
London SE1 7SR, United Kingdom, +44 (0) 20 7735 7611, http://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.
    (2) IMO Resolution A.1023(26), Code for the Construction and 
Equipment of Mobile Offshore Drilling Units, 2009 (``2009 IMO MODU 
Code''), IBR approved for Sec.  111.108-3(b).
    (k) International Society of Automation (ISA), 67 T.W. Alexander 
Drive, Research Triangle Park, NC 27709, 919-549-8411, http://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.
    (2) [Reserved]
    (l) Lloyd's Register, 71 Fenchurch Street, London EC3M 4BS, UK, 
+44-0-20-7709-9166, http://www.lr.org/.
    (1) Type Approval System-Test Specification Number 1, 2002, IBR 
approved for Sec.  113.05-7.

[[Page 37772]]

    (2) [Reserved]
    (m) National Electrical Manufacturers Association (NEMA), 1300 
North 17th Street, Arlington, VA 22209, 703-841-3200, http://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.
    (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.
    (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.
    (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.
    (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.
    (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.
    (n) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02169, 617-770-3000, http://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.
    (2) NEC 2011--National Electrical Code, 2011 (``NFPA 70''), IBR 
approved for Sec.  111.108-3(b).
    (3) NFPA 77, Recommended Practice on Static Electricity, 2000 
(``NFPA 77''), IBR approved for Sec.  111.105-27.
    (4) NFPA 99, Standard for Health Care Facilities, 2005 (``NFPA 
99''), IBR approved for Sec.  111.105-37.
    (5) NFPA 496, Standard for Purged and Pressurized Enclosures for 
Electrical Equipment, 2013 (``NFPA 496''), IBR approved for Sec.  
111.108-3(d).
    (o) Naval Publications and Forms Center (NPFC), Department of 
Defense, Single Stock Point, 700 Robins Avenue, Philadelphia, PA 19111.
    (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.
    (2) MIL-C-24643A, Military Specification Cables and Cords, 
Electric, Low Smoke, for Shipboard Use, General Specification for 
(1996) Amendment 2, March 13, 1996 (``NPFC MIL-C-24643A''), IBR 
approved for Sec. Sec.  111.60-1 and 111.60-3.
    (3) MIL-W-76D, Military Specification Wire and Cable, Hook-Up, 
Electrical, Insulated, General Specification for (2003) (Revision of 
MIL-W-76D-1992) Amendment 1-2003, February 6, 2003 (``NPFC MIL-W-
76D''), IBR approved for Sec.  111.60-11.
    (p) Naval Sea Systems Command (NAVSEA), 1333 Isaac Hull Avenue SE., 
Washington, DC 20376, 202-781-0000, http://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.
    (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.
    (q) UL, 2600 NW. Lake Road, Camas, WA, 98607, 877-854-3577, http://www.ul.com:
    (1) UL 44, Standard for Thermoset-Insulated Wire and Cable, 
Fifteenth Edition, (Revisions through and including May 13, 2002), 
March 22, 1999 (``UL 44''), IBR approved for Sec.  111.60-11.
    (2) UL 50, Standard for Safety Enclosures for Electrical Equipment, 
Eleventh Edition, October 19, 1995 (``UL 50''), IBR approved for Sec.  
111.81-1.
    (3) UL 62, Standard for Flexible Cord and Fixture Wire, Sixteenth 
Edition, October 15, 1997 (``UL 62''), IBR approved for Sec.  111.60-
13.
    (4) UL 83, Standard for Thermoplastic-Insulated Wires and Cables, 
Twelfth Edition, September 29, 1998 (``UL 83''), IBR approved for Sec.  
111.60-11.
    (5) UL 484, Standard for Room Air Conditioners, Seventh Edition, 
(Revisions through and including Sep. 3, 2002), April 27, 1993 (``UL 
484''), IBR approved for Sec.  111.87-3.
    (6) UL 489, Molded-Case Circuit Breakers, Molded-Case Switches, and 
Circuit-Breaker Enclosures, Ninth Edition, (Revisions through and 
including Mar. 22, 2000), October 31, 1996 (``UL 489''), IBR approved 
for Sec. Sec.  111.01-15 and 111.54-1.
    (7) UL 514A, Metallic Outlet Boxes, Ninth Edition, December 27, 
1996 (``UL 514A''), IBR approved for Sec.  111.81-1.
    (8) UL 514B, Conduit, Tubing, and Cable Fittings, Fourth Edition, 
November 3, 1997 (``UL 514B''), IBR approved for Sec.  111.81-1.
    (9) UL 514C, Standard for Nonmetallic Outlet Boxes, Flush-Device 
Boxes, and Covers, Second Edition, October 31, 1988 (``UL 514C''), IBR 
approved for Sec.  111.81-1.
    (10) 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.
    (11) UL 1042, Standard for Electric Baseboard Heating Equipment, 
April 11, 1994 (``UL 1042''), IBR approved for Sec.  111.87-3.
    (12) UL 1072, Standard for Medium-Voltage Power Cables, Third 
Edition, (Revisions through and including Apr. 14, 2003), December 28, 
2001 (``UL 1072''), IBR approved for Sec.  111.60-1.
    (13) UL 1104, Standard for Marine Navigation Lights, 1998 (``UL 
1104''), IBR approved for Sec.  111.75-17.
    (14) UL 1203, Standard for Explosion-Proof and Dust-Ignition-Proof 
Electrical Equipment for Use in Hazardous (Classified) Locations, Third 
Edition, (Revisions through and including Apr. 30, 2004), September 7, 
2000 (``UL 1203''), IBR approved for Sec.  111.105-9.
    (15) UL 1309, Marine Shipboard Cables, First Edition, July 14, 1995 
(``UL 1309''), IBR approved for Sec. Sec.  111.60-1 and 111.60-3.
    (16) UL 1581, May 6, 2003, (``UL 1581''), IBR approved for 
Sec. Sec.  111.30-19, 111.60-2, and 111.60-6.
    (17) UL 1598, Luminaires, First Edition, January 31, 2000 (``UL 
1598''), IBR approved for Sec.  111.75-20.
    (18) UL 1598A, Standard for Supplemental Requirements for 
Luminaires for Installation on Marine Vessels, First Edition, December 
4, 2000 (``UL 1598A''), IBR approved for Sec.  111.75-20.
    (19) UL 1604--Electrical Equipment for use in Class I and II, 
Division 2 and Class III Hazardous (Classified) Locations, Third 
Edition, (``UL 1604''), IBR approved for Sec.  111.108-3(b).
0
7. Amend Sec.  110.15-1(b) by adding, in alphabetical order, the 
definitions for

[[Page 37773]]

````IECEx System'', ``Outer Continental Shelf (OCS)'', ``OCS 
activity'', ``Special Division 1'', ``Zone 0'', ``Zone 1'', and ``Zone 
2'' to read as follows:


Sec.  110.15-1  Definitions.

* * * * *
    (b) * * *
    IECEx System means an international certification system covering 
equipment that meets the provisions of the IEC 60079 (incorporated by 
reference, see Sec.  110.10-1(i)) series of standards. The IECEx System 
is comprised of an Ex Certification Body and an Ex Testing Laboratory 
that has been accepted into the IECEx System after satisfactory 
assessment of their competence to ISO/IEC Standard 17025, ISO/IEC Guide 
65, IECEx rules of procedures, IECEx operational documents, and IECEx 
technical guidance documents as part of the IECEx assessment process.
* * * * *
    OCS activity has the same meaning as 33 CFR 140.10.
    Outer Continental Shelf (OCS) has the same meaning as 33 CFR 
140.10.
* * * * *
    Special Division 1 is a Class I, Zone 0 hazardous location in 
Article 505 of the National Electrical Code (incorporated by reference, 
see Sec.  110.10-1(n)(2)) that may require special considerations for 
electrical equipment installed in such locations.
* * * * *
    Zone 0 is a hazardous location in which an explosive gas or vapor 
in mixture with air is continuously present or present for long 
periods.
    Zone 1 is a hazardous location in which an explosive gas or vapor 
in mixture with air is likely to occur in normal operating conditions.
    Zone 2 is a hazardous location in which an explosive gas or vapor 
in mixture with air is not likely to occur in normal operating 
conditions, or in which such a mixture, if it does occur, will only 
exist for a short time.
0
8. Amend Sec.  110.25-1 by adding paragraphs (p) and (q) to read as 
follows:


Sec.  110.25-1  Plans and information required for new construction.

    (p) [Reserved]
    (q) For vessels with hazardous locations to which subpart 111.108 
of this part 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 subchapter.

PART 111--ELECTRIC SYSTEMS GENERAL REQUIREMENTS

0
9. 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.
0
10. Add subpart 111.108 to read as follows:

Subpart 111.108--Hazardous locations requirements on U.S. and 
foreign MODUs, floating OCS facilities and 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.

    This subpart applies to:
    (a) U.S. MODUs, floating OCS facilities, and vessels, other than 
offshore supply vessels regulated under 46 CFR subchapter L, built on 
or after (30 days after DATE OF PUBLICATION OF FINAL RULE) that engage 
in OCS activities.
    (b) Foreign MODUs, floating OCS facilities, and vessels that have 
never operated on the OCS that engage in OCS activities on or after (30 
days after DATE OF PUBLICATION OF FINAL RULE).
    (c) U.S. MODUs, floating OCS facilities, and vessels, other than 
offshore supply vessels regulated under 46 CFR subchapter L, that 
engage in OCS activities and U.S. tank vessels that carry flammable and 
combustible cargoes and may comply with this subpart in lieu of 
Sec. Sec.  111.105-1 through 111.105-15 of this part. 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), (b)(2), or (b)(3) of this section.
    (1) NFPA 70 (NEC 2011) Articles 500 through 504 (incorporated by 
reference, see Sec.  110.10-1(n)(2)). 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, ANSI/UL 823, ANSI/UL 844, ANSI/UL 913, ANSI/UL 
1203, UL 1604 (replaced by ANSI/ISA 12.12.01)or ANSI/UL 2225 
(incorporated by reference, see Sec.  110.10-1(c) and (q)).
    (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(g)).
    (iii) CSA C22.2 Nos. 0-M91, 30-M1986, 157-92, or 213-M1987 
(incorporated by reference, see Sec.  110.10-1(f)).
    Note to Sec.  111.108-3(b)(1): See Article 501.5 of NFPA 70 
(incorporated by reference, see Sec.  110.10-1(n)(2)) for use of Zone 
equipment in Division designated spaces.
    (2) NFPA 70 Article 505 (incorporated by reference, see Sec.  
110.10-1(n)(2)). Equipment required to be identified for Class I 
locations must meet the provisions of Sections 505.7 and 505.9 of NPFA 
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 (incorporated by reference, see Sec.  110.10-
1(n)(2)).
    Note to Sec.  111.108-3(b)(2): See Article 505.9(c)(1) of the NFPA 
70 (incorporated by reference, see Sec.  110.10-1(n)(2)) for use of 
Division equipment in Zone designated spaces.
    (3) Clause 6 of IEC 61892-7 (incorporated by reference, see Sec.  
110.10-1(i)(44)) 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(j)(2)) for all U.S. and foreign MODUs; or clause 6 of IEC 60092-502 
(incorporated by reference, see Sec.  110.10-1(i)(36)) for U.S. tank 
vessels that carry flammable and combustible cargoes. Electrical 
apparatus in hazardous locations must be tested to IEC 60079-1, -2, -5, 
-6, -7, -11, -13, -15, -18 or -25 (incorporated by reference, see Sec.  
110.10-1(i)) and certified by an independent laboratory under the IECEx 
System.

[[Page 37774]]

    (c) System components that are listed or certified under paragraph 
(b)(1), (b)(2), or (b)(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 
(incorporated by reference, see Sec.  110.10-1(n)(5)) 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, Marine Safety Center 
(MSC) will evaluate equipment complying with this standard during plan 
review. It is normally considered 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 or IEC 
60079-18, respectively, (incorporated by reference, see Sec.  110.10-
1(i)(23)) is not 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) of this part, installed in tanks carrying flammable 
or combustible liquids with closed-cup flashpoints not exceeding 
60[deg] C (140[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(e)(2)).

    Dated: June 5, 2013.
J.G. Lantz,
Director of Commercial Regulations and Standards, United States Coast 
Guard.
[FR Doc. 2013-14951 Filed 6-21-13; 8:45 am]
BILLING CODE 9110-04-P