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16980 Federal Register / Vol. 80, No.

61 / Tuesday, March 31, 2015 / Rules and Regulations

DEPARTMENT OF HOMELAND notification of this enforcement period The Director of the Federal Register
SECURITY via Local Notice to Mariners, Safety has approved the incorporation by
Marine Information Broadcasts, and reference of certain publications listed
Coast Guard Marine Safety Information Bulletins. in this rule, effective April 30, 2015.
If the Captain of the Port or his ADDRESSES: Comments and material
33 CFR Part 100 designated on-scene Patrol Commander received from the public, as well as
[Docket No. USCG–2015–0066] determines that the regulated area need documents mentioned in this preamble
not be enforced for the full duration as being available in the docket, are part
Notice of Enforcement for Special stated in this notice, he or she may use of docket USCG–2012–0850 and are
Local Regulations; RiverFest; Port a Broadcast Notice to Mariners to grant available for inspection or copying at
Neches, TX general permission to enter the the Docket Management Facility (M–30),
regulated area. U.S. Department of Transportation,
AGENCY: Coast Guard, DHS.
Dated: March 12, 2015. West Building Ground Floor, Room
ACTION: Notice of enforcement of W12–140, 1200 New Jersey Avenue SE.,
R. S. Ogrydziak,
regulation. Washington, DC 20590, between 9 a.m.
Captain, U.S. Coast Guard, Captain of the
SUMMARY: The Coast Guard will enforce Port, Port Arthur. and 5 p.m., Monday through Friday,
Special Local Regulations for the [FR Doc. 2015–07319 Filed 3–30–15; 8:45 am] except Federal holidays. You may also
RiverFest Power Boat races on the BILLING CODE 9110–04–P
find this docket online by going to
Neches River in Port Neches, TX from http://www.regulations.gov and
2 p.m. on May 1, 2015, through 6 p.m. following the instructions on that Web
on May 3, 2015. This action is necessary DEPARTMENT OF HOMELAND site.
to provide for the safety of the SECURITY Viewing material incorporated by
participants, crew, spectators, reference. You may make arrangements
participating vessels, non-participating Coast Guard to view this material by calling the
vessels and other users of the waterway. Coast Guard’s Office of Regulations and
During the enforcement periods no 33 CFR Parts 140 and 143 Administrative Law at 202–372–3870 or
person or vessel may enter the zone by emailing HQS-SMB-
established by the Special Local 46 CFR Parts 110 and 111 CoastGuardRegulationsLaw@uscg.mil.
Regulation without permission of the FOR FURTHER INFORMATION CONTACT: If
[Docket No. USCG–2012–0850]
Captain of the Port (COTP) Port Arthur you have questions on this rule, call or
or his designated on-scene Patrol RIN 1625–AC00 email Mr. Raymond Martin, Systems
Commander. Engineering Division (CG–ENG–3),
DATES: The regulations in 33 CFR Electrical Equipment in Hazardous Coast Guard; telephone 202–372–1384,
100.801 will be enforced from 2 p.m. to Locations email Raymond.W.Martin@uscg.mil. If
6 p.m. on May 1, 2015; and from 8:30 you have questions on viewing or
AGENCY: Coast Guard, DHS.
a.m. to 6 p.m. on May 2 and 3, 2015. submitting material to the docket, call
ACTION: Final rule. Cheryl Collins, Program Manager,
FOR FURTHER INFORMATION CONTACT: If
Docket Operations, telephone 202–366–
you have questions on this notice of SUMMARY: The Coast Guard is issuing
9826.
enforcement, call or email Mr. Scott regulations applicable to newly
Whalen, U.S. Coast Guard Marine Safety constructed mobile offshore drilling SUPPLEMENTARY INFORMATION:
Unit Port Arthur, TX; telephone 409– units (MODUs), floating outer Table of Contents for Preamble
719–5086, email scott.k.whalen@ continental shelf (OCS) facilities, and
uscg.mil. vessels other than offshore supply I. Abbreviations
vessels (OSVs) that engage in OCS II. Regulatory History
SUPPLEMENTARY INFORMATION: III. Background
The Coast Guard will enforce Special activities. The regulations expand the IV. Discussion of Comments and Changes
Local Regulation for the annual boat list of acceptable national and V. Incorporation by Reference
races in 33 CFR 100.801(60) on May 1, international explosion protection VI. Regulatory Analyses
2015, from 2 p.m. to 6 p.m. and on May standards and add the internationally A. Regulatory Planning and Review
2 and 3, 2015 from 8:30 a.m. to 6 p.m. accepted independent third-party B. Small Entities
Under the provisions of 33 CFR certification system, the International C. Assistance for Small Entities
Electrotechnical Commission System for D. Collection of Information
100.801, a vessel may not enter the E. Federalism
regulated area, unless it receives Certification to Standards relating to
Equipment for use in Explosive F. Unfunded Mandates Reform Act
permission from the Captain of the Port G. Taking of Private Property
or his designated on-scene Patrol Atmospheres (IECEx), as an accepted H. Civil Justice Reform
Commander. Spectator vessels may method of testing and certifying I. Protection of Children
safely transit outside the regulated area electrical equipment intended for use in J. Indian Tribal Governments
but may not anchor, block, loiter, or hazardous locations. The regulations K. Energy Effects
impede participants or official patrol also provide owners and operators of L. Technical Standards
vessels. The Coast Guard may be existing U.S. MODUs, floating OCS M. Environment
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assisted by other federal, state or local facilities, vessels other than OSVs, and I. Abbreviations
law enforcement agencies in enforcing U.S. tank vessels that carry flammable
or combustible cargoes, the option of ABS American Bureau of Shipping
this regulation.
following this compliance regime as an ANSI American National Standards
This notice is issued under authority Institute
of 33 CFR 100.801 and 33 U.S.C. 1233. alternative to the requirements
ASTM ASTM International
In addition to this notice in the Federal contained in existing regulations. ATEX (Directive) Protective Systems
Register, the Coast Guard will provide DATES: This final rule is effective April Intended for use in Potentially Explosive
the maritime community with 30, 2015. Atmospheres

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Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Rules and Regulations 16981

BSEE Bureau of Safety and Environmental comment on a notice of policy we floating OCS facilities must meet the
Enforcement published in the Federal Register (77 same engineering standards as U.S.
CFR Code of Federal Regulations FR 71607) on December 3, 2012. The floating OCS facilities, while foreign
CSA Canadian Standards Association policy recommended that electrical vessels engaged in OCS activities on the
DHS Department of Homeland Security
Ex Designation of explosion-protected
equipment on foreign mobile offshore U.S. OCS do not meet the same
electrical apparatus complying with IEC drilling units (MODUs) that had never engineering standards as U.S. vessels.
standards operated on the outer continental shelf While the Coast Guard supports the
ExCB Ex Certification Body (OCS), but were intended to do so, meet development and adoption of
FR Federal Register Chapter 6 of the 2009 MODU Code of international vessel safety standards, the
IEC International Electrotechnical the International Maritime Organization existing safety requirements of the
Commission (IMO) and obtain equipment International Convention on the Safety
IECEx IEC Certification to Standards certification under the International of Life at Sea, 1974 (SOLAS) do not
relating to Equipment for use in Explosive Electrotechnical Commission completely account for the specifics of
Atmospheres Certification to Standards relating to hydrocarbon production, processing,
IEEE Institute of Electrical and Electronics
Engineers
Equipment for use in Explosive storage, and handling systems, and the
IMO International Maritime Organization Atmospheres (IECEx) System. While 2009 IMO MODU Code, which provides
ISA International Society of Automation NOSAC was reviewing the notice of a recommended SOLAS equivalency for
ISO International Organization for policy, we published the Electrical MODUs, is not a legally binding
Standardization Equipment in Hazardous Locations instrument. For electrical equipment in
MSC Marine Safety Center NPRM (78 FR 37760) in the Federal hazardous locations, we believe this
MODU Mobile Offshore Drilling Unit Register. The NPRM proposed rule is necessary to ensure that all
NAVSEA Naval Sea Systems Command regulations similar to the vessels engaged in OCS activities meet
NEC National Electrical Code recommendations contained in the the same, OCS-specific safety standards.
NEMA National Electrical Manufacturers notice of policy. Unlike the notice of In this final rule, therefore, we require
Association
NEPA National Environmental Policy Act
policy, however, the NPRM was not that new foreign MODUs, floating OCS
NFPA National Fire Protection Association limited to foreign MODUs but applied to facilities and vessels meet the same
NOSAC National Offshore Safety Advisory all vessels and facilities that had never standards for explosion protection in
Committee operated on the outer continental shelf hazardous areas as their U.S.
NPFC Naval Publications and Forms Center (OCS) but intended to. Further, the counterparts before operating on the
NPRM Notice of Proposed Rulemaking NPRM proposed requiring that OCS. Additionally, through this final
OCS Outer Continental Shelf certification under the IECEx System be rule, we expand the list of acceptable
OMB Office of Management and Budget conducted by Coast Guard accepted standards for existing and new vessels
OSV Offshore Supply Vessel independent laboratories in order to and facilities.
RP Recommended Practice facilitate Coast Guard oversight of those
ULS Ultra Low Sulfur IV. Discussion of Comments and
laboratories. NOSAC provided
U.S. United States Changes
U.S.C. United States Code comments on the notice of policy and
on the NPRM, and those comments were As noted above, we received 23
II. Regulatory History considered in developing this final rule. comment letters in response to the
NPRM. Additionally, NOSAC submitted
Notice of Proposed Rulemaking III. Background a report to the Coast Guard that
On June 24, 2013, we published a A key finding of the Coast Guard’s included their comments on the NPRM.
notice of proposed rulemaking (NPRM) investigation of the MODU We considered all of these comments in
in the Federal Register entitled DEEPWATER HORIZON explosion, fire, the development of this final rule. The
Electrical Equipment in Hazardous and sinking emphasized the importance comments and our responses have been
Locations (78 FR 37760). The NPRM of proper electrical equipment grouped into subject-matter categories
proposed requiring third-party testing installations in hazardous locations below. In cases where the comment
and certification of electrical equipment during oil drilling exploration on U.S. resulted in a change to the regulations
in hazardous locations by a Coast and foreign MODUs. The Coast Guard, previously proposed in the NPRM, the
Guard-accepted independent third-party therefore, reviewed the existing change is specifically identified and
laboratory in order to achieve uniform regulations for hazardous locations; discussed.
standards between U.S. and foreign specifically, the requirements for
vessels and floating facilities. We electrical equipment testing and Implementation Date
received several requests to extend the certification and the standards The NPRM’s proposed
90-day comment period until November applicable to U.S. and foreign MODUs, implementation date was 30 days after
30, 2013. We granted these requests and floating OCS facilities, and vessels that publication of the final rule. Fourteen
announced the extension in the Federal engage in OCS activities. comments stated that was unreasonable.
Register (78 FR 58989) on September Currently, electrical equipment on These commenters explained that over
25, 2013. We received 23 comment U.S. vessels and floating facilities that 200 MODUs were either under contract,
letters on the NPRM, and considered all operate on the OCS must comply with under construction or due to be
of these comments in developing this 46 CFR subpart 111.105. This subpart constructed in the next 5 years and that
final rule. In section VI below, we adopts international and national the costs of changing the specifications
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inserted a table that summarizes the standards and requires the equipment to for the electrical equipment located in
changes between the NPRM and the be tested and certified by a Coast Guard- hazardous locations would be much
final rule. accepted independent third-party greater than that indicated in Section VI
laboratory. of the NPRM.
Advisory Committee In contrast, foreign vessels and We agree. While the estimates
In April 2013, the Coast Guard tasked floating facilities that engage in OCS provided correspond to the global
the National Offshore Safety Advisory activities must meet the requirements of MODU population currently under
Committee (NOSAC) to review and 33 CFR subchapter N. Currently, foreign construction, a majority of which have

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16982 Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Rules and Regulations

not historically sought to operate on the to require that newly constructed vessels that the Coast Guard is
OCS, the associated burden on vessels foreign vessels and floating facilities excluding from the requirements of this
under construction is real. Thus, we that engage in OCS activities have final rule.
have delayed the implementation date uniform safety standards for explosion Under the NPRM, vessels new to the
of the requirements of 46 CFR subpart protection in hazardous locations. OCS would have been subject to the
111.108. The requirements of 46 CFR new requirements, whereas vessels and
Cost of Compliance for Existing Foreign facilities that had previously operated
subpart 111.108 will apply to MODUs,
Vessels and Facilities on the OCS would not. In this final rule,
floating OCS facilities, and vessels,
other than offshore supply vessels Ten comments addressed the cost of we have changed the applicability to
regulated under 46 CFR subchapter L, bringing into compliance with the include only those vessels and facilities
that are constructed after April 2, 2018 proposed rule existing MODUs that are that are constructed after April 2, 2018
and that engage in OCS activities. currently not operated on the OCS but and that engage in OCS activities. This
Estimates of the affected foreign flagged the owners or operators intend them to final rule, therefore, does not place new
vessel population reside in the do so. Those comments stated that the requirements on any existing vessels or
regulatory analysis section of this final cost of bringing the existing vessels into facilities nor any vessel or facility that
rule. The definition of ‘‘constructed’’ compliance would likely exceed the is constructed on or before April 2,
has been added to 33 CFR 140.10 and cost published in the NPRM. In addition 2018. Existing vessels or facilities or
46 CFR 110.15–1(b). It is consistent with to required equipment recertification those constructed on or before April 2,
the existing definition for ‘‘constructed’’ and replacement costs, there would be 2018 will remain subject to the
found in 46 CFR 170.055(f). Constructed a loss of revenue during necessary regulations and standards effective at
means either the date a keel is laid or downtime for replacement of equipment the time of their construction and will
the date that construction identified that could equal or exceed all other remain subject to Coast Guard
with the vessel or facility has begun. costs. inspection. Any vessel or facility
Existing U.S. MODUs, floating OCS We recognize that the costs to retrofit constructed after the implementation
facilities, and vessels, other than an existing MODU could be prohibitive date will be subject to the requirements
offshore supply vessels (OSVs), and U.S. depending on the design, construction of 46 CFR subpart 111.108 before
tank vessels that carry flammable or and type of operation of an individual operating on the OCS.
combustible cargoes may immediately MODU. Because of this, we decided to
make the final rule applicable to vessels Coast Guard Independent Laboratory
use the expanded list of explosion
and facilities that are constructed after Requirement
protection standards and IECEx
certification regime identified in this April 2, 2018 and that engage in OCS Eleven comments addressed the
final rule in lieu of the existing activities. Existing vessels and facilities proposed requirement in 46 CFR
requirements in §§ 111.105–1 through will continue to be subject to the 111.108–3 requiring the testing and
111.105–15. regulations and standards effective at certification of electrical equipment in
the time of their construction. hazardous locations by an independent
2009 IMO MODU Code Similarly, one comment laboratory. The definition of
The NPRM proposed the adoption of recommended that the Coast Guard independent laboratory in the Coast
a selection of explosion protection address electrical equipment in Guard’s Electrical Engineering
standards and certification schemes. hazardous locations on MODUs regulations is contained in 46 CFR
Thirteen comments suggested that the currently on the OCS. The Coast Guard 110.15–1, and means a laboratory
proposed regulations were unnecessary disagrees. As explained earlier, this rule accepted by the Coast Guard using the
and that compliance with the 2009 IMO does not require any existing vessel or independent laboratory criteria found in
MODU Code should be sufficient for all facility to meet the requirements of 46 CFR 159.010. Commenters stated that
vessels. Many of these comments further subpart 111.108 because the costs to this requirement is burdensome and
noted that the 2009 IMO MODU Code retrofit existing equipment could be unnecessary, particularly for Ex
already requires certification by an prohibitive depending on the design, Certification Bodies (ExCBs) and Ex
independent testing laboratory. We construction and type of operation of an Testing Laboratories operating under the
agree in part. The Coast Guard supports individual vessel or facility. IECEx System. Additionally, these
the development and adoption of One comment stated that the Coast commenters were concerned that there
international vessel safety standards. Guard should address electrical were not enough independent
The Coast Guard believes the 2009 IMO equipment in hazardous locations on laboratories accepted by the Coast
MODU Code provides helpful guidance foreign oil and chemical tankers and gas Guard, particularly within the IECEx
for the design and engineering of carriers entering U.S. ports. These System, to meet the demands for
MODUs, particularly in supplementing vessels are outside the scope of this equipment certifications necessary to
SOLAS with standards specific to rulemaking, which is confined to comply with this final rule. Further, the
hydrocarbon production, processing, vessels and facilities engaged in OCS commenters stated that requiring Coast
storage, and handling systems, and activities. Additionally, foreign oil and Guard-accepted independent
should be given appropriate effect by chemical tankers and gas carriers are laboratories undermines use of
flag administrations. However, the 2009 already subject to international international standards, foreign flag
IMO MODU Code is not a legally standards and to Coast Guard inspection administrations, and Recognized
binding instrument and by its terms for compliance with those standards. Organizations.
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does not apply to vessels that are not We disagree. First, there are differing
MODUs. Additionally, there are Sister Vessels of Vessels Already interpretations of the ‘‘independent
differing interpretations of the Operating on the OCS testing laboratory’’ certification
‘‘independent testing laboratory’’ Four comments requested that the contained in the 2009 MODU Code. U.S.
certification contained in the 2009 final rule not apply to sister vessels of MODUs, vessels and floating facilities,
MODU Code. As the coastal state with vessels already operating on the OCS. have been subject to independent third-
jurisdiction, we find that it is a They argued that these vessels are party testing for over 30 years because
necessary and reasonable safety measure identical in design to those existing we believe it is a critically important

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Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Rules and Regulations 16983

element in preventing accidental ATEX Equipment Certified by a Third- Coast Guard. As explained above, if the
explosions in hazardous locations. As Party Independent Laboratory equipment is also certified in
the coastal state with jurisdiction, we Eight comments suggested the Coast accordance with one of the acceptable
find that it is a necessary and reasonable Guard accept electrical equipment with methods listed in 46 CFR 111.108–3, in
safety measure to require that newly certification issued under the European addition to its ATEX certification, then
constructed foreign vessels and floating Commission Directive (94/9/EC) on the equipment is acceptable under 46
facilities that engage in OCS activities equipment and Protective Systems CFR 111.108–3 of this final rule.
have uniform safety standards for Intended for use in Potentially Class I, Special Division 1 Hazardous
explosion protection in hazardous Explosive Atmospheres (ATEX Directive Locations
locations. This final rule, therefore, or ATEX).
requires compliance with uniform Three comments said the proposed
We disagree. ATEX certification does use of Class I, Special Division 1 in 46
explosion protection standards and not require independent third party
certification regimes. The requirement CFR 111.108–3(e) may cause confusion
testing for all types of equipment. It also as it is not a term recognized by the
to use Coast Guard-accepted does not ensure that electrical
independent laboratories allows the National Fire Protection Association’s
equipment installed in hazardous (NFPA) standard, NFPA 70, National
Coast Guard reasonable oversight of locations is fully tested to relevant
laboratories located worldwide and is Electrical Code (NEC), We disagree and
standards. When foreign MODUs and have not revised this section. Class I,
consistent with our existing regulations vessels have electrical equipment
for U.S. vessels and facilities engaged in Special Division 1 is intended to be
installed in hazardous locations that is equivalent to Class I, Zone 0, and is
OCS activities. Currently, the majority not independently tested, there is not
of ExCBs are Coast Guard-accepted consistent with Informational Note No.
the same level of safety for explosion 2 of Article 500.5(B)(3) of NFPA 70.
independent laboratories. We have protection in hazardous areas as
contacted all ExCBs to suggest that they Coast Guard regulations have long
required of U.S. vessels and floating recognized that certain spaces such as
apply for acceptance. We expect that if facilities that operate on the OCS and
the demand is present, additional ExCBs cargo pump rooms and cargo tanks are
that are required to meet 46 CFR subpart more hazardous than other Class I,
will apply for acceptance. Because this 111.105. The ATEX Directive is a
final rule applies to new vessels and Division 1 locations. For these
European conformity assessment hazardous locations, we limit the types
facilities constructed after April 2, 2018, scheme designed to facilitate trade
we expect system designers, equipment of permitted electrical installations. Use
within Europe and is based on of the term ‘‘Class I, Special Division 1’’
manufacturers, and independent ‘‘Essential Health and Safety
laboratories will be able to smoothly simplifies the designation of these
Requirements.’’ Additionally, the ATEX locations.
transition from existing international Directive is currently not applicable to
standards to the requirements of this seagoing vessels or MODUs and it is our Electrical Equipment Inspection and
final rule. Finally, the existing SOLAS experience with ATEX certification that Maintenance Requirements
standards do not completely account for it can be difficult to determine the Five comments recommended that the
the particularities of vessels designed extent of testing performed by the Coast Guard establish standards for the
and constructed for OCS activities, and ‘‘notified body 1 ’’. design, installation, inspection, and
the 2009 IMO MODU Code is neither It is also important to recognize that maintenance of electrical equipment in
mandatory nor applicable to all vessels. some ATEX certified electrical hazardous locations. Two comments
Therefore, implementation of a equipment may be acceptable under suggested requiring an onboard
domestic standard for electrical subpart 111.108 if it can be electrical equipment register that
equipment in hazardous locations is demonstrated that the electrical contains information regarding
necessary to ensure that all vessels equipment has been fully tested and electrical equipment and its inspection,
engaged in U.S. OCS activities meet certified to the applicable standards maintenance, and operational history.
uniform safety standards particular to contained in 46 CFR subchapter J by an The commenters also suggest this
OCS activities and does not undermine independent laboratory as defined in 46 information could be reviewed by
international standards or organizations. CFR 110.15–1. Frequently, equipment visiting Coast Guard marine inspectors
In a separate rulemaking, the Coast with ATEX certification also has or third-party inspection personnel and
Guard published an interim rule on certifications acceptable under 46 CFR could become part of a company’s
August 18, 2014 (79 FR 48894) for U.S. 111.108–3 of this final rule. quality system. We agree that
offshore supply vessels greater than Two comments requested that the competency and accurate recordkeeping
6,000 GT ITC. That interim rule also Coast Guard clarify a statement in CG– are critical to safety, but this
recognized the IECEx System for ENG Policy Letter No. 01–13, Alternate recommendation is outside the scope of
certification of electrical equipment in Design and Equipment Standard for this rulemaking.
hazardous locations. Unlike section Floating Offshore Installations (FOI) and
111.108–3(b)(3) of this final rule, 46 Floating Production, Storage, and ‘‘Operated on the OCS’’
CFR 111.106–3(b)(3)(iii) of the interim Offloading (FPSO) Units on the U.S. Under the NPRM, vessels and
rule does not require certification of Outer Continental Shelf, of June 26, facilities new to the OCS would be
electrical equipment in hazardous 2013. For hazardous locations, the subject to the NPRM, whereas vessels
locations to be done by a Coast Guard policy letter states that electrical and facilities that had previously
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accepted independent laboratory. The equipment certified under the ATEX operated on the OCS, would not. Two
Coast Guard recognizes the scheme will not be accepted by the comments requested that the Coast
inconsistency between 46 CFR 111.106– Guard more clearly define what
3(b)(3)(iii) of the interim rule and 46 1 A notified body is an organization ‘‘appointed constitutes having ‘‘operated on the
CFR 111.108–3(b)(3) of this final rule by EU Member States, either for approval and OCS.’’ Because this final rule now
monitoring of the manufacturers’ quality assurance
and intends to align 46 CFR 111.106– system or for direct product inspection.’’ http://
applies only to vessels and facilities
3(b)(3)(iii) with this final rule in a future ec.europa.eu/enterprise/glossary/index_en.htm, constructed after April 2, 2018, that
rulemaking. retrieved February 24, 2014. engage in OCS activities, we believe no

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16984 Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Rules and Regulations

further elaboration is needed, because the risk of explosion. This final rule is Acceptance of IECEx Certified
the phrase ‘‘operated on the OCS’’ is no not intended to modify these standards. Equipment
longer used. 46 CFR 111.108–3(b)(3) incorporates One comment asked if equipment
Chapter 6 of the 2009 IMO MODU Code tested to the IECEx System but not yet
BSEE–USCG MOA, OCS–8, Regarding
and requires certification under the marked as such would be acceptable.
MODUs
IECEx System. The IECEx System The commenter explained that
Two comments requested clarification requires independent certification for all
on the responsibilities of the Coast equipment is sometimes delivered
electrical equipment in hazardous areas. before the IECEx Certificate of
Guard and of the Bureau of Safety and This final rule is not intended to modify
Environmental Enforcement (BSEE) for Compliance is issued. Another comment
the IECEx System. Electrical system noted that equipment can be certified
electrical equipment in hazardous designers must choose an explosion
locations on MODUs under the USCG/ under both the ATEX Directive and the
protection standards regime from the IECEx System but only have ATEX
BSEE Memorandum of Agreement, list of acceptable options provided in 46
OCS–8, signed June 4, 2013. While the labeling. Finally, a comment requested
CFR 111.108–3 and comply with the acceptance of equipment consisting of
subject is outside the scope of this standards regime they chose.
rulemaking because neither agency’s assemblies of IECEx certified
responsibilities with regard to regulating American National Standards Institute components rather than requiring a
electrical equipment located in (ANSI) and International Society of certificate for the entire assembly.
hazardous locations are affected by this Automation (ISA) Standards These are compliance issues that can
final rule, it is relevant to understanding be very simple or very complex
the regulatory requirements for One comment requested that the depending on the type of equipment
electrical equipment located in Coast Guard incorporate the latest and will be addressed by the Marine
hazardous locations. ANSI/ISA safety standards for Safety Center (MSC) or cognizant
BSEE and Coast Guard have a shared hazardous locations. The Coast Guard Officer-in-Charge, Marine Inspection on
responsibility for safety on the OCS. In agrees and notes that 46 CFR 111.108– a case-by-case basis. When IECEx on
general, the Coast Guard is responsible 3(b) incorporates the ANSI/ISA series of any other Coast Guard accepted
for the vessel or facility and all of its standards incorporated in NFPA 70, as independent third party certification is
supporting systems while BSEE is it did in the NPRM. unclear, documentation must be
responsible for systems related to the Certain Required Equipment Not presented that demonstrates the
drilling and production of resources. Meeting Zone 2 Requirements equipment meets the applicable
Classification of hazardous locations requirements. Any equipment or
and design of electrical systems is a Two comments noted that some assembly of equipment must meet all
vessel-wide or facility-wide task and the required equipment located in the requirements of the IECEx System.
Coast Guard maintains a holistic view of hazardous locations is not available as It is not the Coast Guard’s intent to
the vessel or facility. The Coast Guard, certified for Zone 2 areas, such as search modify the IECEx System.
in this rule, provides an expanded list and rescue transponders. The Coast Ultra Low Sulfur (ULS) Diesel Fuels
of standards that are applicable to Guard agrees with this comment, and
systems under the Coast Guard’s notes that several standards included in One comment requested that the
jurisdiction as explained in BSEE– this final rule address this situation. The Coast Guard consider lowering the
USCG MOA OCS–8. The electrical objective of this final rule is to provide minimum flashpoint that defines
safety standards contained in BSEE’s a selection of standards for certification hazardous locations, because Ultra Low
OCS regulations, 30 CFR part 250, are of electrical equipment in hazardous Sulfur (ULS) diesel fuels are being
acceptable to the Coast Guard. locations. Electrical equipment not produced against a minimum flashpoint
Frequently, drilling and production meeting the Class I, Zone 2 or Class I, of 52° C, rather than the 60° C minimum
components will be installed on vessels Division 2 requirements, should be that has served as the basis for both
or facilities on a temporary or semi- installed as far as possible from Coast Guard and IMO requirements to
temporary basis. In general, BSEE hazardous locations, or if not possible, date. We are unable to make this change
oversees these systems and if they find located or installed in the least in the final rule because it was not
them acceptable, their installation is hazardous location. Standards listed in proposed in the NPRM. The minimum
acceptable to the Coast Guard. 46 CFR 111.108–3 of this final rule do flashpoint of 60° C exists in numerous
address equipment such as this. Section standards and regulations including 46
Class I, Division 2 and Class I, Zone 2 CFR 111.105–29, 46 CFR 111.105–31, 46
6.3.3 of IEC 61892–7:2007,2 which is
Two comments suggested that accepted by the 2009 IMO MODU Code, CFR 58.01–10, numerous locations
electrical equipment in Division 2 or refers to an assessment for energy- within SOLAS, and IEC 60092–
Zone 2 locations be accepted without limited equipment and circuits that is 502:1999. We may consider proposing a
independent third-party certification or provided in IEC 60079–15, ANSI/ISA change to the minimum flashpoint in a
be accepted with ATEX certification. 60079–15, ANSI/ISA–12.12.01, and UL future rulemaking. This will provide the
The Coast Guard agrees to the extent 1604. Similarly, non-third party public the opportunity to comment on
that applicable provisions of NFPA 70 assessment provisions are provided in the proposal. Until that occurs, the MSC
and the 2009 IMO MODU Code permit. Article 501 of NFPA 70 for electrical can accept arrangements that provide an
46 CFR 111.108–3(b)(1) and (b)(2) equipment without switching equivalent level of safety in accordance
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incorporate by reference Articles 500– mechanisms, or similar arc producing with 46 CFR 110.20–1.
504 and Article 505 of the NFPA 70. devices. These standards can be used
Articles 501.125(B) and 505.20(C) of the IECEx Certified Equipment in Class I,
when certain required equipment is not Division 1 and Class I, Division 2
NFPA 70 allow the installation of available as certified for Zone 2 areas.
certain electrical equipment in these Locations
locations without independent 2 IEC 61892–7, Mobile and fixed offshore units— One commenter requested that drill
identification or listing if the equipment Electrical installations—Part 7: Hazardous areas, floor equipment that is IECEx certified
meets specific requirements that reduce Edition 2.0. for Class I, Zone 1 or Class I, Zone 2 be

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permitted on drill floors classified to details on dual classification. Any costs and benefits of available regulatory
Class I, Division 1 or Class I, Division mixing of classification systems should alternatives and, if regulation is
2. Equipment certified using the zone be done in accordance with NFPA 70 to necessary, to select regulatory
classification system, regardless of ensure that the requirements of 46 CFR approaches that maximize net benefits
whether certification was by a Coast subpart 111.108 are met. (including potential economic,
Guard-accepted independent laboratory V. Incorporation by Reference environmental, public health and safety
or IECEx ExCB, is permitted in locations effects, distributive impacts, and
that are classified using the division The Director of the Federal Register equity). Executive Order 13563
classification system in accordance with has approved the material in § 110.10– emphasizes the importance of
Article 501.5 of NFPA 70, NEC. The 1 for incorporation by reference under 5 quantifying both costs and benefits, of
same commenter requested that drill U.S.C. 552 and 1 CFR part 51. Copies of reducing costs, of harmonizing rules,
floors be allowed to be classified under the material are available from the and of promoting flexibility.
both systems so that both zone and sources listed in that section. This rule is not a significant
division certified equipment could be VI. Regulatory Analyses regulatory action under section 3(f) of
used. We do not favor one classification We developed this rule after Executive Order 12866 as supplemented
system over the other and we are not considering numerous statutes and by Executive Order 13563, and does not
opposed to dual classification, but we Executive Orders (E.O.s) related to require an assessment of potential costs
caution that great care must be taken. rulemaking. Below we summarize our and benefits under section 6(a)(3) of that
While both systems offer comparable analyses based on these statutes or Order. The Office of Management and
levels of safety the two systems are not E.O.s. Budget (OMB) has not reviewed it under
identical or interchangeable. that Order. Nonetheless, we developed
Indiscriminate ‘‘mixing and matching’’ A. Regulatory Planning and Review an analysis of the costs and benefits of
of systems could result in errors that Executive Orders 12866 (‘‘Regulatory the rule to ascertain its probable impacts
result in lower levels of safety. This Planning and Review’’) and 13563 on industry.
limits the benefit of dual classification. (‘‘Improving Regulation and Regulatory A summary of the changes between
Article 505.7 of NFPA 70 provides Review’’) direct agencies to assess the the NPRM and the final rule follows:

TABLE 1—CHANGES BETWEEN NPRM AND FINAL RULE


Stage
Subject Impact
NPRM Final rule

Affected Population U.S. and foreign vessels and floating Under the final rule, only vessels and Allows existing vessels and facilities as
OCS facilities that are new to the facilities constructed after April 2, well as those currently under con-
OCS or newly built. 2018 will be subject to the rule. tract or construction to avoid poten-
tially costly retrofit/recertification
costs.
Implementation Date Affected population required to comply Changed to 3 years after effective date Allows owners and operators to avoid
by the effective date, which is 30 of the rule. recertification costs for vessels or fa-
days after final rule is published. cilities currently under contract or
construction.

Discussion of Applicable Regulatory These comments have been grouped by


Assessment Comments and Changes topic, as several comments addressed
The Coast Guard received several similar concerns, and are discussed in
comments on the published NPRM. the following table.

TABLE 2—NPRM COMMENT TOPICS AND RESPONSES

Implementation Date ............................ Several commenters voiced their concern that the 30 day period between publication of the final rule
and the effective date of the requirements was too brief and did not allow sufficient time for vessel
and facility owners to come into compliance. Changing the implementation date from 30 days to 3
years after publication of the rule addresses this concern and provides owners and operators of the
affected population the amount of time deemed sufficient by both the Coast Guard and commenters
alike, to meet the requirements of this rule.
Compliance costs for vessels currently Several comments addressed the concern that vessels currently under contract or construction could
under contract or construction. face recertification costs before the vessel has been completed. For example, one such comment
stated, ‘‘Proposed regulations will block entry onto the OCS of over 200 MODUs, built to the 2009
MODU Code, that are currently under contracting or construction.’’ The Coast Guard acknowledges
the potential cost associated with vessels currently under design or construction. Estimates suggest
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that designs and contracts are sometimes set as much as 3 years in advance. It is for this reason
that we have changed the implementation date to 3 years after the publication of the rule. A 3 year
delayed implementation date allows vessels currently under contract or construction to remain sub-
ject to the regulations in effect at the time that their construction began. Changing the implementation
date to 3 years after the publication of the rule allows owners and operators of vessels currently
under contract or construction to avert any costs associated with the requirements of this rule.

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TABLE 2—NPRM COMMENT TOPICS AND RESPONSES—Continued


Existing foreign vessels and facilities .. Several comments addressed existing MODUs that do not currently operate on the OCS but intend to
operate on the OCS and the cost of bringing them into compliance with the regulations prescribed in
the NPRM. We recognize that the costs of retrofitting and/or recertifying existing MODUs could be
prohibitive depending on the individual MODU. Because of this, we revised the rule’s applicability to
include only those vessels and facilities that are constructed after April 2, 2018 and that operate on
the OCS. Existing vessels and facilities or vessels and facilities constructed on or before April 2,
2018 will continue to be subject to the regulations and standards effective at the time of their con-
struction.
Accuracy of Recertification Cost Model Some commenters stated that the burden to industry would likely exceed the cost published in the
and Estimates. NPRM for existing vessels/MODUs. In addition to required equipment recertification and replacement
costs, there would be a loss of revenue during necessary downtime for replacement of equipment
that could equal or exceed all other costs. As noted previously, due to the burden for existing vessels
or vessels currently under contract or construction, the Coast Guard modified the rule’s affected pop-
ulation to include only those vessels and facilities that are constructed after April 2, 2018 and that en-
gage in OCS activities.
Barriers to trade ................................... One commenter suggested the proposal would impose U.S.-specific requirements that are above and
beyond international norms, and would create a non-tariff barrier to trade that would restrict the avail-
ability of rigs for the U.S. market. The Coast Guard does not foresee any barriers to trade. Coast
Guard used NIST’s process to notify foreign governments of our proposed NPRM and no comments
were received as a result of that outreach.

Costs: U.S. Vessels standards as a matter of industry cost associated with third party
We do not anticipate any costs to be practice. Under this final rule, this certification of equipment.
borne by the U.S.-flagged vessels that scenario will not require any costs to the Currently, foreign vessels are not
will be affected by this rule. The rule vessel owner as there is no change in required to utilize third party certified
requires that all U.S. vessels, excluding the regulatory environment for U.S. equipment in hazardous areas unless
OSVs that are regulated under 46 CFR MODUs and floating OCS facilities. explicitly required by their flag state.
subchapter L, that are constructed after Under this final rule, all U.S. MODUs, Implementation of the final rule will
April 2, 2018 and engage in OCS floating OCS facilities, vessels other require certification by a Coast Guard
activity, comply with the newly created than OSVs, and U.S. tank vessels may approved, independent laboratory
subpart 111.108. U.S. flagged vessels comply with this new subpart in lieu of which, in effect, changes the baseline
which fall within this scope are §§ 111.105–1 through 111.105–15. We for newly constructed foreign vessels.
provided with an expanded list of Foreign flagged vessels constructed 3
do not foresee any additional costs to
standards and certification options. years after the implementation date
the owners of these vessels and facilities
Subpart 111.108 will not impose any seeking entrance to the OCS in pursuit
by providing this option but if there are
burden on U.S. vessels due to the nature of OCS activities will be required to
additional costs, there is expected to be
of current industry practice. Because utilize third party certified equipment
equal or greater benefit to the owner
North American certification of where previously this was not explicitly
driving the selection of this option.
electrical equipment is generally to the required. Our analysis of this baseline
Currently, the regulations for electrical
most current edition of the published change is clouded by the aggregate
installations in hazardous locations are
reference standards,3 we do not nature of the cost of certification. When
contained in subpart 111.105. This
anticipate new equipment will be tested an entity purchases equipment for use
regulation will expand the available
and certified to the standards referenced in a hazardous location on a vessel, the
subparts to include subpart 111.108, marginal cost of the certification
in subpart 111.105 when more current, while still allowing owners and
updated editions of the standards are element of the purchase price is not
operators the option to remain subject to itemized for the purchaser. The
available. existing subpart 111.105.
The logic applied to U.S. vessels, certification cost is present in the
excluding OSVs as discussed above, Costs: Foreign Vessels purchase price as a value added
applies to U.S. MODUs and floating component of the total price of the
While the modification of the affected equipment. As such, we are not able to
OCS facilities as well. We do not
population aids us in estimating the explicitly determine the marginal cost
anticipate any cost burden associated
effects of the proposed rulemaking, it difference between equipment certified
with this rule to be imposed on this
vessel class. We believe this because the does not further refine the costs which by a third party and those without third
affected population are those U.S. are applied to the population. As some party certification. Additionally, the list
MODUs and floating OCS facilities that commenters on the NPRM document of equipment present in these locations,
are constructed after April 2, 2018. have reinforced, the estimated costs and required to be third party certified,
These vessels will be subject to subpart associated with the rule could vary is diverse. For example, one equipment
111.108, a subpart that contains the widely. Industry costs were constructed list obtained by the Coast Guard
updated standards to which new from a variety of elements, for example contained equipment which ranged in
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equipment will be certified. As with the the cost of certifying equipment or the complexity from a fluorescent light to
vessels discussed earlier, in the absence opportunity cost of recertification of elements of the tank temperature
of subpart 111.108, new equipment said equipment. With the modification monitoring system.
would be built to the most current of the affected population we are able to While the cost estimation is obtuse, it
drop the opportunity cost from our is not insurmountable. We have several
3 Confirmed by Principal Engineer—Global
analysis, which allows us to further elements which should allow us to
Hazardous Locations Product Safety, UL LLC., streamline our discussion of the costs construct a range for the final rule’s
12/26/2012. for the rulemaking. What remains is the associated costs. On the high end of the

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range, we have the cost to replace all of TABLE 4—MISLE HISTORIC DATA— Alternatives
the electrical installations in a Continued We considered five alternatives when
representative vessel. While not evaluating the effects of this final rule.
specifically applicable to a newly built Build year Frequency The first, abstaining from action, was
vessel, it is an appropriate estimate of rejected because it allows a regulatory
the costs associated with replacement of 2011 ...................................... 2
imbalance and a potential safety gap to
electrical installations in hazardous 2012 ...................................... 2
exist between foreign vessels and U.S.
areas. This estimate contains the costs 2013 ...................................... 3
vessels operating on the OCS.
associated with replacement of both the The second alternative we considered
equipment and the certification on a Total .................................. 17
Average ................................ *2 was to require both U.S. and foreign
U.S. flagged vessel, which are already vessels and facilities to adhere to the
subject to the certification requirements * Rounded. existing international standards. This
in this final rule. alternative was deemed insufficient
The $500,000 cost quote 4 for Over the past 10 years, 17 foreign because compliance with international
replacement of the equipment vessels have been built which would standards, such as the 2009 IMO Code,
appropriate for a hazardous location on fall under this rule’s application. The is subject to the interpretation of the
a vessel is useful as a cost ceiling. The database was filtered to include foreign
replacement cost for this equipment, applicable flag administration. An
vessels, those vessel classes which example of an undesired consequence of
contains that which is associated with would potentially be on the OCS in
the third party certification, in addition this alternative would be the acceptance
pursuit of OCS activities, and have of ATEX certified equipment. The Coast
to the price of the equipment itself. This build years within the past decade.
functions well as a price ceiling as we Guard, however, will not accept ATEX
Evaluation of this data found that on certifications because evidence of full
can be sure that the marginal cost of average, 2 foreign vessels are built per
third party certification will fall below testing to the applicable harmonized
year which could seek entrance to the 60079 series of standards by an
this point estimate, as it is not likely to
US OCS in pursuit of OCS activities. independent third-party laboratory is
be above the full cost of the equipment
with its associated certification. Therefore, the range of costs not guaranteed. Consistent with
The cost floor is a function of costs associated with this rulemaking will fall preexisting Coast Guard practices, third-
potentially accrued to a hypothetical between $0 (2 Vessels * $0) and party testing and certification for critical
vessel to be built in the future. In some $1,000,000 (2 vessels * $500,000) per equipment is generally required.
cases these vessels would be built to the year with an average per year cost of The third alternative we considered
certification specifications contained in $500,000 (2 vessels * $250,000). was to require foreign vessels and
this final rule anyway, in which case floating facilities to meet current U.S.
they would accrue no additional costs Cost estimate standards. This alternative was not
from this rule. However, due to the selected because we believe that
Low-cost High-cost requiring compliance with U.S.
probable greater cost of third-party- floor Average ceiling
certified equipment, we can assume standards is unnecessary when there are
that, without this rulemaking, some comparable international standards
$0 $500,000 $1,000,000
equipment would be installed without acceptable to the Coast Guard. Because
third party certification. Table 3 these latest editions of internationally
NPRM vs Final Rule recognized standards for explosion
presents the range.
Burden estimates in the NPRM were protection offer owners and operators
TABLE 3—COST RANGE $800,000 per year. With the changes greater flexibility, while also avoiding
that the final rule makes to the affected the costs of coastal state-specific
Low-cost High-cost population, the yearly costs have been requirements, we are expanding the list
Average
floor ceiling
reduced, by an estimation that is of international explosion protection
standards deemed acceptable.
$0 $250,000 $500,000 upwards of 37%.
The fourth alternative, implementing
the regulations in this final rule, puts in
Affected Population place a regulatory regime that will allow
The Coast Guard-maintained MISLE for both the U.S., as the coastal state,
database, contains records of all and industry to be confident in the
applicable vessels operating on the OCS Benefits certification and assessment of electrical
in pursuit of OCS activities. Historic equipment intended for use in
We are unable to monetize benefits. hazardous locations. This will be
data extracted from this database is
We can find no casualties that would achieved through the use of the most
presented below in Table 4.
have been prevented by these current, internationally recognized
TABLE 4—MISLE HISTORIC DATA regulations. However, third-party testing standards for explosion protection and
and certification for critical equipment, independent third-party certification.
Build year Frequency such as electrical equipment intended The regulations in this final rule expand
for use in hazardous locations, the list of national and international
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2004 ...................................... 0 addresses a potentially catastrophic explosion protection standards deemed


2005 ...................................... 1 hazard consisting of an explosive gas or
2006 ...................................... 0
acceptable for U.S. operators.
vapor combined with an electrical A fifth and final alternative is that
2007 ...................................... 0
2008 ...................................... 2 ignition source, and is generally which was presented to the public in
2009 ...................................... 4 understood by industry as an the NPRM. This alternative included the
2010 ...................................... 3 appropriate measure that enhances application of the NPRM regulations to
safety and protects life, the existing vessels before those vessels
ER31MR15.002</MATH>

4 Regulatory Advisor—ExxonMobil, 8/14/2012. environment, and property. engaged in OCS activities for the first

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16988 Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Rules and Regulations

time. This alternative would have Reduction Act of 1995, 44 U.S.C. 3501– H. Civil Justice Reform
included foreign vessels currently under 3520. This rule meets applicable standards
contract or construction. We determined in sections 3(a) and 3(b)(2) of E.O.
that this alternative would force an E. Federalism
12988, (‘‘Civil Justice Reform’’), to
undue burden on the industry due A rule has implications for federalism minimize litigation, eliminate
primarily to the cost effects. Industry’s under Executive Order 13132, ambiguity, and reduce burden.
comments to the docket suggest that the Federalism, if it has a substantial direct
compliance cost per vessel could be cost effect on the States, on the relationship I. Protection of Children
prohibitive. With current estimates of between the national government and We have analyzed this rule under E.O.
219 foreign MODUs in some stage of the States, or on the distribution of 13045 (‘‘Protection of Children from
construction, the cost of this alternative power and responsibilities among the Environmental Health Risks and Safety
could have potentially outpaced its various levels of government. We have Risks’’). This rule is not an
benefits. analyzed this rule under that Order and economically significant rule and would
B. Small Entities have determined that it is consistent not create an environmental risk to
with the fundamental principles and health or risk to safety that might
Under the Regulatory Flexibility Act, preemption requirements described in disproportionately affect children.
5 U.S.C. 601–612, we have considered Executive Order 13132. Our analysis is
whether this rule will have a significant J. Indian Tribal Governments
explained below.
economic impact on a substantial This rule does not have tribal
number of small entities. The term It is well settled that States may not
regulate in categories reserved for implications under E.O. 13175
‘‘small entities’’ comprises small (‘‘Consultation and Coordination with
businesses, not-for-profit organizations exclusive regulation by the Coast Guard.
It is also well settled that all of the Indian Tribal Governments’’), because it
that are independently owned and would not have a substantial direct
operated and are not dominant in their categories for inspected vessels covered
in 46 U.S.C. 3306, 3703, 7101, and 8101 effect on one or more Indian tribes, on
fields, and governmental jurisdictions the relationship between the Federal
with populations of less than 50,000. (design, construction, alteration, repair,
maintenance, operation, equipping, Government and Indian tribes, or on the
We do not anticipate any effect on distribution of power and
personnel qualification, and manning of
small entities. As noted in the previous responsibilities between the Federal
vessels), as well as the reporting of
discussion, there is no anticipated cost Government and Indian tribes.
casualties and any other category in
burden placed on U.S. entities by this
which Congress intended the Coast K. Energy Effects
rule and, as such, we do not anticipate
Guard to be the sole source of a vessel’s
any effect on small entities that would We have analyzed this rule under E.O.
obligations, are within fields foreclosed
be addressed by this section. Therefore, 13211 (‘‘Actions Concerning
from regulation by the States. (See the
the Coast Guard certifies under 5 U.S.C. Regulations That Significantly Affect
decision of the Supreme Court in the
605(b) that this rule will not have a Energy Supply, Distribution, or Use’’).
consolidated cases of United States v.
significant economic impact on a We have determined that it is not a
Locke and Intertanko v. Locke, 529 U.S.
substantial number of small entities. ‘‘significant energy action’’ under that
89, 120 S.Ct. 1135 (March 6, 2000).)
order because it is not a ‘‘significant
C. Assistance for Small Entities This final rule regulates electrical
regulatory action’’ under E.O. 12866 and
equipment standards on inspected
Under section 213(a) of the Small is not likely to have a significant
vessels. As such, States may not regulate
Business Regulatory Enforcement adverse effect on the supply,
within this category. Therefore, the rule
Fairness Act of 1996, Public Law 104– distribution, or use of energy.
is consistent with the principles of
121, we offered to assist small entities
federalism and preemption L. Technical Standards
in understanding this rule so that they
requirements in Executive Order 13132. The National Technology Transfer
could better evaluate its effects on them
and participate in the rulemaking. The F. Unfunded Mandates Reform Act and Advancement Act, codified as a
Coast Guard will not retaliate against note to 15 U.S.C. 272, directs agencies
small entities that question or complain The Unfunded Mandates Reform Act to use voluntary consensus standards in
about this rule or any policy or action of 1995, 2 U.S.C. 1531–1538, requires their regulatory activities unless the
of the Coast Guard. Federal agencies to assess the effects of agency provides Congress, through
Small businesses may send comments their discretionary regulatory actions. In OMB, with an explanation of why using
on the actions of Federal employees particular, the Act addresses actions these standards would be inconsistent
who enforce, or otherwise determine that may result in the expenditure by a with applicable law or otherwise
compliance with, Federal regulations to State, local, or tribal government, in the impractical. Voluntary consensus
the Small Business and Agriculture aggregate, or by the private sector of standards are technical standards (e.g.,
Regulatory Enforcement Ombudsman $100,000,000 (adjusted for inflation) or specifications of materials, performance,
and the Regional Small Business more in any one year. Though this rule design, or operation; test methods;
Regulatory Fairness Boards. The will not result in such an expenditure, sampling procedures; and related
Ombudsman evaluates these actions we do discuss the effects of this rule management systems practices) that are
annually and rates each agency’s elsewhere in this preamble. developed or adopted by voluntary
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responsiveness to small business. If you consensus standards bodies.


G. Taking of Private Property
wish to comment on actions by This rule uses the following voluntary
employees of the Coast Guard, call 1– This rule will not cause a taking of consensus standards:
888–REG–FAIR (1–888–734–3247). private property or otherwise have • ANSI/ISA–12.12.01–2012—
taking implications under E.O. 12630 Nonincendive Electrical Equipment
D. Collection of Information
(‘‘Governmental Actions and for Use in Class I and II, Division 2
This rule calls for no new collection Interference with Constitutionally and Class III, Divisions 1 and 2
of information under the Paperwork Protected Property Rights’’). Hazardous (Classified) Locations,

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approved 9 July 2012 (‘‘ANSI/ISA • FM Approvals Class Number 3600— safe electrical systems, Edition 2.0,
12.12.01’’) Approval Standard for Electric 2010–02
• ANSI/ISA–60079–18—explosive Equipment for use in Hazardous • IEC 60092–502:1999—Electrical
atmospheres—Part 18: Equipment (Classified) Locations General installations in ships—Part 502:
protection by encapsulation ‘‘m’’, Requirements, November 1998 (‘‘FM Tankers—Special features, Fifth
Third Edition, approved 14 Approvals Class Number 3600’’) edition, 1999–02
September 2012 (‘‘ANSI/ISA 60079– • FM Approvals Class Number 3610— • IEC 61892–7:2007—Mobile and fixed
18 (2012)’’) Approval Standard for Intrinsically offshore units—Electrical
• UL 674—Standard for Safety: Electric Safe Apparatus and Associated installations—Part 7: Hazardous areas,
Motors and Generators for Use in Apparatus for Use in Class I, II, and Edition 2.0, 2007–11
Hazardous (Classified) Locations, III, Division 1, Hazardous (Classified) • NFPA 70—National Electrical Code,
Fifth Edition, dated May 31, 2011 Locations, January 2010 (‘‘FM 2011 Edition (‘‘NFPA 70’’)
(with revisions through July 19, 2013) Approvals Class Number 3610’’) • NFPA 496—Standard for Purged and
(‘‘ANSI/UL 674 (2013)’’) • FM Approvals Class Number 3611— Pressurized Enclosures for Electrical
• UL 823—Electric Heaters for Use in Approval Standard for Nonincendive Equipment, 2013 Edition (‘‘NFPA 496
Hazardous (Classified) Locations, Electrical Equipment for Use in Class (2013)’’)
Ninth Edition including revisions I and II, Division 2, and Class III, • UL 1604 –Electrical Equipment for
through November 15, 2007 (dated Divisions 1 and 2, Hazardous use in Class I and II, Division 2 and
October 20, 2006) (‘‘ANSI/UL 823’’) (Classified) Locations, December 2004 Class III Hazardous (Classified)
• UL 844—Electric Lighting Fixtures for (‘‘FM Approvals Class Number 3611’’) Locations, Third Edition, Dated April
Use in Hazardous (Classified) • FM Approvals Class Number 3615— 28, 1994 (including revisions through
Locations, Thirteenth Edition, dated Approval Standard for Explosionproof February 5, 2004) (‘‘UL 1604’’)
June 29, 2012 (‘‘ANSI/UL 844 (2012)’’) Electrical Equipment General The sections that reference these
• UL 913—Standard for Safety: Requirements, August 2006 (‘‘FM standards and the locations where these
Intrinsically Safe Apparatus and Approvals Class Number 3615’’) standards are available are listed in 46
Associated Apparatus for use in Class • FM Approvals Class Number 3620— CFR 110.10–1.
I, II and III, Division 1, Hazardous Approval Standard for Purged and This rule also uses technical
Locations, Seventh Edition, Dated Pressurized Electrical Equipment for standards other than voluntary
July 31, 2006 (including revisions Hazardous (Classified) Locations, consensus standards.
through June 3, 2010) (‘‘ANSI/UL August 2000 (‘‘FM Approvals Class • IMO Resolution A.1023(26), Code for
913’’) Number 3620’’)
• the Construction and Equipment of
UL 1203—Explosion-proof and Dust- • IEC 60079–1:2007—Explosive
ignition Proof Electrical Equipment Mobile Offshore Drilling Units, 2009,
atmospheres—Part 1: Equipment
for use in Hazardous (Classified) 19 January 2010 (‘‘2009 IMO MODU
protection by flameproof enclosures
Locations, Fourth Edition, Dated Code’’)
‘‘d’’, Sixth edition, 2007–04
September 15, 2006 (including • IEC 60079–2:2007—Explosive The section that references this
revisions through October 28, 2009) atmospheres—Part 2: Equipment standard and the locations where this
(‘‘ANSI/UL 1203’’) protection by pressurized enclosures standard is available are listed in 46
• UL 2225—Standard for Safety: Cables ‘‘p’’, Fifth edition, 2007–02 CFR 110.10–1.
and Cable-Fittings for use in • IEC 60079–5:2007—Explosive M. Environment
Hazardous (Classified) Locations, atmospheres—Part 5: Equipment
Third Edition, dated February 25, protection by powder filling ‘‘q’’, We have analyzed this final rule
2011 (‘‘ANSI/UL 2225 (2011)’’) Third edition, 2007–03 under Department of Homeland
• ASTM F2876–10—Standard Practice • IEC 60079–6:2007—Explosive Security Management Directive 023–01
for Thermal Rating and Installation of atmospheres—Part 6: Equipment and Commandant Instruction
Internal Combustion Engine Packages protection by oil immersion ‘‘o’’, M16475.lD, which guide the Coast
for use in Hazardous Locations in Third edition, 2007–03 Guard in complying with the National
Marine Applications, approved • IEC 60079–7:2006—Explosive Environmental Policy Act of 1969
November 1, 2010 (‘‘ASTM F2876– atmospheres—Part 7: Equipment (NEPA) (42 U.S.C. 4321–4370f), and
10’’) protection by increased safety ‘‘e’’, have concluded that this action is one
• CSA C22.2 No. 30–M1986— Fourth edition, 2006–07 of a category of actions that do not
Explosion-Proof Enclosures for Use in • IEC 60079–11:2011—Explosive individually or cumulatively have a
Class I Hazardous Locations, atmospheres—Part 11: Equipment significant effect on the human
Reaffirmed 2007 (‘‘CSA C22.2 No. 30– protection by intrinsic safety ‘‘i’’, environment. This final rule is
M1986’’) Edition 6.0, 2011–06 categorically excluded under section
• CSA C22.2 No. 213–M1987—Non- • IEC 60079–13:2010—Explosive 2.B.2, figure 2–1, paragraphs (34)(a), (d)
incendive Electrical Equipment for atmospheres—Part 13: Equipment and (e) of the Instruction and under
Use in Class I, Division 2 Hazardous protection by pressurized room ‘‘p’’, section 6(a) of the ‘‘Appendix to
Locations, Reaffirmed 2008 (‘‘CSA Edition 1.0, 2010–10 National Environmental Policy Act:
C22.2 No. 213–M1987’’) • IEC 60079–15:2010—Explosive Coast Guard Procedures for Categorical
• CAN/CSA–C22.2 No. 0–M91— atmospheres—Part 15: Equipment Exclusions, Notice of Final Agency
asabaliauskas on DSK5VPTVN1PROD with RULES

General Requirements—Canadian protection by type of protection ‘‘n’’, Policy’’ (67 FR 48244, July 23, 2002).’’
Electrical Code, Part II, Reaffirmed Edition 4.0, 2010–01 This final rule involves regulations
2006 (‘‘CSA C22.2 No. 0–M91’’) • IEC 60079–18:2009—Explosive which are editorial and concern
• CAN/CSA–C22.2 No. 157–92— atmospheres—Part 18: Equipment inspection and equipping of vessels and
Intrinsically Safe and Non-incendive protection by encapsulation ‘‘m’’, regulations concerning vessel operation
Equipment for Use in Hazardous Edition 3.0, 2009–05 safety standards. An environmental
Locations, Reaffirmed 2006 (‘‘CSA • IEC 60079–25:2010—Explosive analysis checklist and a categorical
C22.2 No. 157–92’’) atmospheres—Part 25: Intrinsically exclusion determination are available in

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16990 Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Rules and Regulations

the docket where indicated under (d) Each floating OCS facility that is below. It is also available for inspection
ADDRESSES. constructed after April 2, 2018 must at the National Archives and Records
comply with the requirements of 46 CFR Administration (NARA). For
List of Subjects
subpart 111.108 prior to engaging in information on the availability of this
33 CFR Part 140 OCS activities. material at NARA, call 202–741–6030 or
Continental shelf, Investigations, ■ 5. Add § 143.208 to read as follows: go to http://www.archives.gov/federal_
Marine safety, Occupational safety and register/code_of_federal_regulations/
§ 143.208 Hazardous location ibr_locations.html.
health, Penalties, Reporting and requirements on foreign MODUs.
recordkeeping requirements. (b) American Bureau of Shipping
Each mobile offshore drilling unit that (ABS), ABS Plaza, 16855 Northchase
33 CFR Part 143 is documented under the laws of a Drive, Houston, TX 77060, 281–877–
Continental shelf, Marine safety, foreign nation and is constructed after 5800, http://www.eagle.org.
Occupational safety and health, Vessels. April 2, 2018 must comply with the (1) Rules for Building and Classing
requirements of 46 CFR subpart 111.108 Steel Vessels, Part 4 Vessel Systems and
46 CFR Part 110 prior to engaging in OCS activities. Machinery, 2003 (‘‘ABS Steel Vessel
Reporting and recordkeeping ■ 6. Add § 143.302 to read as follows: Rules’’), IBR approved for §§ 110.15–1,
requirements, Vessels, Incorporation by 111.01–9, 111.12–3, 111.12–5, 111.12–7,
reference. § 143.302 Hazardous location 111.33–11, 111.35–1, 111.70–1,
requirements on foreign vessels engaged in 111.105–31, 111.105–39, 111.105–40,
46 CFR Part 111 OCS activities. and 113.05–7 of this chapter.
Vessels. Each vessel that is documented under (2) Rules for Building and Classing
For the reasons discussed in the the laws of a foreign nation and is Mobile Offshore Drilling Units, Part 4
preamble, the Coast Guard amends 33 constructed after April 2, 2018 must Machinery and Systems, 2001 (‘‘ABS
CFR parts 140 and 143 and 46 CFR parts comply with the requirements of 46 CFR MODU Rules’’), IBR approved for
110 and 111 as follows: subpart 111.108 prior to engaging in §§ 111.12–1, 111.12–3, 111.12–5,
OCS activities. 111.12–7, 111.33–11, 111.35–1, and
Title 33—Navigation and Navigable 111.70–1 of this chapter.
Waters Title 46—Shipping
(c) American National Standards
CHAPTER I—COAST GUARD, CHAPTER I—COAST GUARD, Institute (ANSI), 25 West 43rd Street,
DEPARTMENT OF HOMELAND SECURITY DEPARTMENT OF HOMELAND SECURITY New York, NY 10036, 212–642–4900,
SUBCHAPTER N—OUTER CONTINENTAL SUBCHAPTER J—ELECTRICAL http://www.ansi.org/.
SHELF ACTIVITIES ENGINEERING (1) ANSI/IEEE C37.12–1991—
American National Standard for AC
PART 140—GENERAL PART 110—GENERAL PROVISIONS High-Voltage Circuit Breakers Rated on
a Symmetrical Current Basis-
■ 1. The authority citation for part 140 ■ 7. The authority citation for part 110 Specifications Guide, 1991 (‘‘ANSI/IEEE
continues to read as follows: continues to read as follows: C37.12’’), IBR approved for § 111.54–1
Authority: 43 U.S.C. 1333, 1348, 1350, Authority: 33 U.S.C. 1509; 43 U.S.C 1333; of this chapter.
1356; Department of Homeland Security 46 U.S.C. 3306, 3307, 3703; E.O. 12234, 45 (2) ANSI/IEEE C37.27–1987 (IEEE Std
Delegation No. 0170.1. FR 58801, 3 CFR, 1980 Comp., p. 277; 331)—Application Guide for Low-
Department of Homeland Security Delegation Voltage AC Nonintegrally Fused Power
■ 2. Amend § 140.10 by adding a
No. 0170.1; § 110.01–2 also issued under 44 Circuitbreakers (Using Separately
definition for ‘‘Constructed’’ in U.S.C. 3507. Sections 110.15–1 and 110.25–
alphabetical order to read as follows: Mounted Current-Limiting Fuses), 1987
1 also issued under sec. 617, Pub. L. 111–
(‘‘ANSI/IEEE C37.27’’), IBR approved for
281, 124 Stat. 2905.
§ 140.10 Defintions. § 111.54–1 of this chapter.
* * * * * ■ 8. Revise § 110.10–1 to read as (3) ANSI/ISA 12.12.01–2012—
Constructed means the date— follows: Nonincendive Electrical Equipment for
(1) The vessel’s keel was laid; or Use in Class I and II, Division 2 and
(2) Construction identifiable with the § 110.10–1 Incorporation by reference.
Class II, Divisions 1 and 2 Hazardous
vessel or facility began and assembly of (a) Certain material is incorporated by (Classified) Locations, approved 9 July
that vessel or facility commenced reference into this subchapter with the 2012 (‘‘ANSI/ISA 12.12.01’’), IBR
comprising of 50 metric tons or at least approval of the Director of the Federal approved for § 111.108–3(b) of this
1 percent of the estimated mass of all Register under 5 U.S.C. 552(a) and 1 chapter.
structural material, whichever is less. CFR part 51. To enforce any edition (4) ANSI/ISA–60079–18—Electrical
* * * * * other than that specified in this section, Apparatus for Use in Class I, Zone 1
the Coast Guard must publish notice of Hazardous (Classified) Locations: Type
PART 143—DESIGN AND EQUIPMENT change in the Federal Register and the of Protection—Encapsulation ‘‘m’’,
material must be available to the public. approved July 31, 2009 (‘‘ANSI/ISA
■ 3. The authority citation for part 143 The word ‘‘should,’’ when used in 60079–18’’), IBR approved for
continues to read as follows: material incorporated by reference, is to § 111.106–3(d) of this chapter.
Authority: 43 U.S.C. 1333(d)(1), 1348(c), be construed the same as the words (5) ANSI/ISA–60079–18—Explosive
asabaliauskas on DSK5VPTVN1PROD with RULES

1356; 49 CFR 1.46; section 143.210 is also ‘‘must’’ or ‘‘shall’’ for the purposes of atmospheres—Part 18: Equipment
issued under 14 U.S.C. 664 and 31 U.S.C. this subchapter. All approved material protection by encapsulation ‘‘m’’, Third
9701. is available for inspection at the U.S. Edition, approved 14 September, 2012
■ 4. Amend § 143.120 by adding Coast Guard, Office of Design and (‘‘ANSI/ISA 60079–18 (2012)’’), IBR
paragraphs (d) to read as follows: Engineering Standards (CG–ENG), 2703 approved for § 111.108–3(e) of this
Martin Luther King Jr Ave. SE., Stop chapter.
§ 143.120 Floating OCS facilities. 7418, Washington, DC 20593–7418, and (d) American Petroleum Institute
* * * * * is available from the sources listed (API), Order Desk, 1220 L Street NW.,

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Washington, DC 20005–4070, 202–682– Equipment for Use in Hazardous Division 2, and Class III, Divisions 1 and
8000, http://www.api.org. Locations, Reaffirmed 2006 (‘‘CSA C22.2 2, Hazardous (Classified) Locations,
(1) API RP 500—Recommended No. 157–92’’), IBR approved for December 2004 (‘‘FM Approvals Class
Practice for Classification of Locations §§ 111.106–3(b) and 111.108–3(b) of this Number 3611’’), IBR approved for
for Electrical Installations at Petroleum chapter. §§ 111.106–3(b) and 111.108–3(b) of this
Facilities Classified as Class I, Division (h) DLA Document Services, chapter.
1 and Division 2, Second Edition, Department of Defense, Single Stock (4) Class Number 3615—Approval
November 1997, reaffirmed in 2002 Point, 700 Robbins Avenue, Standard for Explosionproof Electrical
(‘‘API RP 500’’), IBR approved for Philadelphia, PA 19111, 215–697–6396, Equipment General Requirements,
§§ 111.106–7(a) and 111.106–13(b) of http://www.assistdocs.com. August 2006 (‘‘FM Approvals Class
this chapter. (1) MIL–C–24640A—Military Number 3615’’), IBR approved for
(2) API RP 505—Recommended Specification Cables, Light Weight, §§ 111.106–3(b) and 111.108–3(b) of this
Practice for Classification of Locations Electric, Low Smoke, for Shipboard Use, chapter.
for Electrical Installations at Petroleum General Specification for (1995) (5) Class Number 3620—Approval
Facilities Classified as Class I, Zone 0, Supplement 1, June 26, 1995 (‘‘NPFC Standard for Purged and Pressurized
Zone 1, and Zone 2, First Edition, MIL–C–24640A’’), IBR approved for Electrical Equipment for Hazardous
approved January 7, 1998 (dated §§ 111.60–1 and 111.60–3 of this (Classified) Locations, August 2000
November 1997), reaffirmed 2002 (‘‘API chapter. (‘‘FM Approvals Class Number 3620’’),
RP 505’’), IBR approved for §§ 111.106– (2) MIL–C–24643A—Military IBR approved for §§ 111.106–3(b) and
7(a) and 111.106–13(b) of this chapter. Specification Cables and Cords, Electric, 111.108–3(b) of this chapter.
(e) ASME, Three Park Avenue, New Low Smoke, for Shipboard Use, General (j) Institute of Electrical and
York, NY 10016–5990, 800–843–2763, Specification for (1996), Amendment 2, Electronic Engineers (IEEE), IEEE
http://www.asme.org. March 13, 1996 (‘‘MIL–C–24643A’’), IBR Service Center, 445 Hoes Lane,
(1) ASME A17.1–2000 Part 2 Electric approved for §§ 111.60–1 and 111.60–3 Piscataway, NJ 08854, 732–981–0060,
Elevators, 2000 (‘‘ASME A17.1’’), IBR of this chapter. http://www.ieee.org/.
approved for § 111.91–1 of this chapter. (3) MIL–DTL–24640C with (1) IEEE Std C37.04–1999—IEEE
(2) [Reserved] Supplement 1—Detail Specification Standard Rating Structure for AC High-
(f) ASTM International (ASTM), 100 Cables, Lightweight, Low Smoke, Voltage Circuit Breakers, 1999 (‘‘IEEE
Barr Harbor Drive, West Conshohocken, Electric, for Shipboard Use, General C37.04’’), IBR approved for § 111.54–1
PA 19428–2959, 610–832–9500, http:// Specification for, November 18, 2011 of this chapter.
www.astm.org. (‘‘MIL–DTL–24640C’’), IBR approved for (2) IEEE Std C37.010–1999—IEEE
(1) ASTM B 117–97, Standard § 111.106–5(a) of this chapter. Application Guide for AC High-Voltage
Practice for Operating Salt Spray (Fog) (4) MIL–DTL–24643C with Circuit Breakers Rated on a Symmetrical
Apparatus, (‘‘ASTM B 117’’), IBR Supplement 1A—Detail Specification Current Basis, 1999 (‘‘IEEE C37.010’’),
approved for § 110.15–1 of this chapter. Cables, Electric, Low Smoke Halogen- IBR approved for § 111.54–1 of this
(2) ASTM F2876–10—Standard Free, for Shipboard Use, General chapter.
Practice for Thermal Rating and Specification for, December 13, 2011 (3) IEEE Std C37.13–1990—IEEE
Installation of Internal Combustion (dated October 1, 2009) (‘‘MIL–DTL– Standard for Low-Voltage AC Power
Engine Packages for use in Hazardous 24643C’’), IBR approved for § 111.106– Circuit Breakers Used in Enclosures,
Locations in Marine Applications, 5(a) of this chapter. October 22, 1990 (‘‘IEEE C37.13’’), IBR
approved November 1, 2010 (‘‘ASTM (5) MIL–W–76D—Military approved for § 111.54–1 of this chapter.
F2876–10’’), IBR approved for Specification Wire and Cable, Hook-Up, (4) IEEE Std C37.14–2002—IEEE
§§ 111.106–3(h) and 111.108–3(g) of this Electrical, Insulated, General Standard for Low-Voltage DC Power
chapter. Specification for (2003) Amendment 1– Circuit Breakers Used in Enclosures,
(g) Canadian Standards Association 2003, February 6, 2003 (‘‘NPFC MIL–W– April 25, 2003 (‘‘IEEE C37.14’’), IBR
(CSA), 5060 Spectrum Way, Suite 100, 76D’’), IBR approved for § 111.60–11 of approved for § 111.54–1 of this chapter.
Mississauga, Ontario, L4W 5N6, Canada, this chapter. (5) IEEE Std 45–1998—IEEE
800–463–6727, http://www.csa.ca/. (i) FM Approvals, P.O. Box 9102, Recommended Practice for Electric
(1) CSA C22.2 No. 30–M1986— Norwood, MA 02062, 781–440–8000, Installations on Shipboard, October 19,
Explosion-Proof Enclosures for Use in http://www.fmglobal.com. 1998 (‘‘IEEE 45–1998’’), IBR approved
Class I Hazardous Locations, Reaffirmed (1) Class Number 3600—Approval for §§ 111.30–19, 111.105–3, 111.105–
2007 (‘‘CSA C22.2 No. 30–M1986’’), IBR Standard for Electric Equipment for use 31, and 111.105–41 of this chapter.
approved for §§ 111.106–3(b) and in Hazardous (Classified) Locations (6) IEEE Std 45–2002—IEEE
111.108–3(b) of this chapter. General Requirements, November 1998 Recommended Practice for Electrical
(2) CSA C22.2 No. 213–M1987—Non- (‘‘FM Approvals Class Number 3600’’), Installations On Shipboard, October 11,
incendive Electrical Equipment for Use IBR approved for §§ 111.106–3(b) and 2002 (‘‘IEEE 45–2002’’), IBR approved
in Class I, Division 2 Hazardous 111.108–3(b) of this chapter. for §§ 111.05–7, 111.15–2, 111.30–1,
Locations, Reaffirmed 2008 (‘‘CSA C22.2 (2) Class Number 3610—Approval 111.30–5, 111.33–3, 111.33–5, 111.40–1,
No. 213–M1987’’), IBR approved for Standard for Intrinsically Safe 111.60–1, 111.60–3, 111.60–5, 111.60–
§§ 111.106–3(b) and 111.108–3(b) of this Apparatus and Associated Apparatus for 11, 111.60–13, 111.60–19, 111.60–21,
chapter. Use in Class I, II, and III, Division 1, 111.60–23, 111.75–5, and 113.65–5 of
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(3) CAN/CSA–C22.2 No. 0–M91— Hazardous (Classified) Locations, this chapter.


General Requirements—Canadian January 2010 (‘‘FM Approvals Class (7) IEEE 100—The Authoritative
Electrical Code, Part II, Reaffirmed 2006 Number 3610’’), IBR approved for Dictionary of IEEE Standards Terms,
(‘‘CSA C22.2 No. 0–M91’’), IBR §§ 111.106–3(b) and 111.108–3(b) of this Seventh Edition, 2000 (‘‘IEEE 100’’), IBR
approved for §§ 111.106–3(b) and chapter. approved for § 110.15–1.
111.108–3(b) of this chapter. (3) Class Number 3611—Approval (8) IEEE Std 1202–1991—IEEE
(4) CAN/CSA–C22.2 No. 157–92— Standard for Nonincendive Electrical Standard for Flame Testing of Cables for
Intrinsically Safe and Non-incendive Equipment for Use in Class I and II, Use in Cable Tray in Industrial and

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16992 Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Rules and Regulations

Commercial Occupancies, 1991 (‘‘IEEE 1995 (‘‘IEC 60079–6’’), IBR approved for (20) IEC 60079–18:2009—Explosive
1202’’), IBR approved for §§ 111.60–6 §§ 111.105–1, 111.105–3, 111.105–5, atmospheres—Part 18: Equipment
and 111.107–1 of this chapter. 111.105–7, 111.105–15, and 111.105–17 protection by encapsulation ‘‘m’’,
(9) IEEE Std 1580–2001—IEEE of this chapter. Edition 3.0, 2009–05, IBR approved for
Recommended Practice for Marine (10) IEC 60079–6:2007—Explosive §§ 111.106–3(b), 111.106–3(d), and
Cable for Use on Shipboard and Fixed atmospheres—Part 6: Equipment 111.108–3(b) and (e) of this chapter.
or Floating Platforms, December 17, protection by oil immersion ‘‘o’’, Third (21) IEC 60079–25:2010—Explosive
2001 (‘‘IEEE 1580’’), IBR approved for edition, 2007–03, IBR approved for atmospheres—Part 25: Intrinsically safe
§§ 111.60–1, 111.60–2, 111.60–3 and § 111.108–3(b) of this chapter. electrical systems, Edition 2.0, 2010–02,
111.106–5(a) of this chapter. (11) IEC 60079–7—Electrical IBR approved for §§ 111.106–3(b) and
(k) International Electrotechnical Apparatus for Explosive Gas 111.108–3(b) of this chapter.
Commission (IEC), 3 Rue de Varembe, Atmospheres—Part 7: Increased Safety (22) IEC 60092–101—Electrical
Geneva, Switzerland, +41 22 919 02 11, ‘‘e’’, Third Edition, 2001 (‘‘IEC 60079– Installation in Ships, Part 101:
http://www.iec.ch/. 7’’), IBR approved for §§ 111.105–1, Definitions and General Requirements,
(1) IEC 60068–2–52—Environmental 111.105–3, 111.105–5, 111.105–7, Edition 4.1, 2002 (‘‘IEC 60092–101’’),
Testing Part 2: Tests—Test Kb: Salt 111.105–15, and 111.105–17 of this IBR approved for §§ 110.15–1 and
Mist, Cyclic (Sodium Chloride chapter. 111.81–1 of this chapter.
Solution), Second Edition, 1996 (‘‘IEC (12) IEC 60079–7:2006—Explosive (23) IEC 60092–201—Electrical
68–2–52’’), IBR approved for § 110.15–1. atmospheres—Part 7: Equipment Installation in Ships, Part 201: System
(2) IEC 60079–0—Electrical apparatus protection by increased safety ‘‘e’’, Design-General, Fourth Edition, 1994
for Explosive Gas Atmospheres—Part 0: Fourth edition, 2006–07, IBR approved (‘‘IEC 60092–201’’), IBR approved for
General Requirements, Edition 3.1, 2000 for § 111.106–3(b) of this chapter. §§ 111.70–3 and 111.81–1 of this
(‘‘IEC 60079–0’’), IBR approved for (13) IEC 60079–11—Electrical chapter.
§§ 111.105–1, 111.105–3, 111.105–5, Apparatus for Explosive Gas (24) IEC 60092–202—Amendment 1
111.105–7, and 111.105–17 of this Atmospheres—Part 11: Intrinsic Safety Electrical Installation in Ships, Part 202:
chapter. ‘‘i’’, Fourth Edition, 1999 (‘‘IEC 60079– System Design-Protection, 1996 (‘‘IEC
(3) IEC 60079–1—Electrical Apparatus 60092–202’’), IBR approved for
11’’), IBR approved for §§ 111.105–1,
for Explosive Gas Atmospheres—Part 1: §§ 111.12–7, 111.50–3, 111.53–1, and
111.105–3, 111.105–5, 111.105–7,
Flameproof Enclosures ‘‘d’’ including 111.54–1 of this chapter.
111.105–11, and 111.105–17 of this
corr.1, Fourth Edition, June 2001 (‘‘IEC
chapter. (25) IEC 60092–301—Amendment 2
60079–1’’), IBR approved for
(14) IEC 60079–11:2006—Explosive Electrical Installation in Ships, Part 301:
§§ 111.105–1, 111.105–3, 111.105–5,
atmospheres—Part 11: Equipment Equipment-Generators and Motors, 1995
111.105–7, 111.105–9, and 111.105–17
protection by intrinsic safety ‘‘i’’, Fifth (‘‘IEC 60092–301’’), IBR approved for
of this chapter.
edition, 2006–07, IBR approved for §§ 111.12–7, 111.25–5, and 111.70–1 of
(4) IEC 60079–1:2007—Explosive
§ 111.106–3(b) of this chapter. this chapter.
atmospheres—Part 1: Equipment
protection by flameproof enclosures (15) IEC 60079–11:2011—Explosive (26) IEC 60092–302—Electrical
‘‘d’’, Sixth edition, 2007–04, IBR atmospheres—Part 11: Equipment Installation in Ships, Part 302: Low-
approved for §§ 111.106–3(b) and protection by intrinsic safety ‘‘i’’, Voltage Switchgear and Control Gear
111.108–3(b) of this chapter. Edition 6.0, 2011–06, IBR approved for Assemblies, Fourth Edition, 1997 (‘‘IEC
(5) IEC 60079–2 Electrical Apparatus § 111.108–3(b) of this chapter. 60092–302’’), IBR approved for
for Explosive Gas Atmospheres—Part 2: (16) IEC 60079–13:2010—Explosive §§ 111.30–1, 111.30–5, and 111.30–19 of
Pressurized Enclosures ‘‘p’’, Fourth atmospheres—Part 13: Equipment this chapter.
Edition, 2001 (‘‘IEC 60079–2’’), IBR protection by pressurized room ‘‘p’’, (27) IEC 60092–303—Electrical
approved for §§ 111.105–1, 111.105–3, Edition 1.0, 2010–10, IBR approved for Installation in Ships, Part 303:
111.105–5, 111.105–7, and 111.105–17 §§ 111.106–3(b) and 111.108–3(b) of this Equipment-Transformers for Power and
of this chapter. chapter. Lighting, Third Edition, 1980 (‘‘IEC
(6) IEC 60079–2:2007—Explosive (17) IEC 60079–15—Electrical 60092–303’’), IBR approved for
atmospheres—Part 2: Equipment Apparatus for Explosive Gas § 111.20–15 of this chapter.
protection by pressurized enclosures Atmospheres—Part 15: Type of (28) IEC 60092–304—Amendment 1
‘‘p’’, Fifth edition, 2007–02, IBR Protection ‘‘n’’, Second Edition, 2001 Electrical Installation in Ships, Part 304:
approved for §§ 111.106–3(b) and (‘‘IEC 60079–15’’), IBR approved for Equipment—Semiconductor Convertors,
111.108–3(b) of this chapter. §§ 111.105–1, 111.105–3, 111.105–5, 1995 (‘‘IEC 60092–304’’), IBR approved
(7) IEC 60079–5—Electrical Apparatus 111.105–7, 111.105–15, and 111.105–17 for §§ 111.33–3 and 111.33–5 of this
for Explosive Gas Atmospheres—Part 5: of this chapter. chapter.
Powder Filling ‘‘q’’, Second Edition, (18) IEC 60079–15:2010—Explosive (29) IEC 60092–306—Electrical
1997 (‘‘IEC 60079–5’’), IBR approved for atmospheres—Part 15: Equipment Installation in Ships, Part 306:
§§ 111.105–1, 111.105–3, 111.105–5, protection by type of protection ‘‘n’’, Equipment—Luminaries and
111.105–7, 111.105–15, and 111.105–17 Edition 4.0, 2010–01, IBR approved for accessories, Third Edition, 1980 (‘‘IEC
of this chapter. §§ 111.106–3(b) and 111.108–3(b) of this 60092–306’’), IBR approved for
(8) IEC 60079–5:2007—Explosive chapter. §§ 111.75–20 and 111.81–1 of this
asabaliauskas on DSK5VPTVN1PROD with RULES

atmospheres—Part 5: Equipment (19) IEC 60079–18—Electrical chapter.


protection by powder filling ‘‘q’’, Third Apparatus for Explosive Gas (30) IEC 60092–350:2008—Electrical
edition, 2007–03, IBR approved for Atmospheres—Part 18: Encapsulation installations in ships—Part 350: General
§§ 111.106–3(b) and 111.108–3(b) of this ‘‘m’’, First Edition, 1992 (‘‘IEC 60079– construction and test methods of power,
chapter. 18’’), IBR approved for §§ 111.105–1, control and instrumentation cables for
(9) IEC 60079–6—Electrical Apparatus 111.105–3, 111.105–5, 111.105–7, shipboard and offshore applications,
for Explosive Gas Atmospheres—Part 6: 111.105–15, and 111.105–17 of this Edition 3.0, 2008–02, IBR approved for
Oil Immersion ‘‘o’’, Second Edition, chapter. § 111.106–5(a) of this chapter.

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(31) IEC 60092–352—Electrical approved for §§ 111.60–1, 111.60–2, (n) Lloyd’s Register, 71 Fenchurch
Installation in Ships—Choice and 111.60–6, and 111.107–1 of this chapter. Street, London EC3M 4BS, UK, +44–0–
Installation of Cables for Low-Voltage (41) IEC 60529—Degrees of Protection 20–7709–9166, http://www.lr.org/.
Power Systems, Second Edition, 1997 Provided by Enclosures (IP Code), (1) Type Approval System—Test
(‘‘IEC 60092–352’’), IBR approved for Edition 2.1, 2001 (‘‘IEC 60529’’), IBR Specification Number 1, 2002, IBR
§§ 111.60–3, 111.60–5, and 111.81–1 of approved for §§ 110.15–1, 111.01–9, approved for § 113.05–7 of this chapter.
this chapter. 113.10–7, 113.20–3, 113.25–11, 113.30– (2) [Reserved]
(32) IEC 60092–353—Electrical 25, 113.37–10, 113.40–10, and 113.50– (o) National Electrical Manufacturers
Installations in Ships—Part 353: Single 5 of this chapter. Association (NEMA), 1300 North 17th
and Multicore Non-Radial Field Power (42) IEC 60533—Electrical and Street, Arlington, VA 22209, 703–841–
Cables with Extruded Solid Insulation Electronic Installations in Ships— 3200, http://www.nema.org/.
for Rated Voltages 1kV and 3kV, Second Electromagnetic Compatibility, Second (1) NEMA Standards Publication ICS
Edition, 1995 (‘‘IEC 60092–353’’), IBR Edition, 1999 (‘‘IEC 60533’’), IBR 2–2000—Industrial Control and Systems
approved for §§ 111.60–1, 111.60–3, and approved for § 113.05–7 of this chapter. Controllers, Contactors, and Overload
111.60–5 of this chapter. (43) IEC 60947–2—Low-Voltage Relays, Rated 600 Volts, 2000 (‘‘NEMA
(33) IEC 60092–353:2011—Electrical Switchgear and Controlgear Part 2: ICS 2’’), IBR approved for § 111.70–3 of
installations in ships—Part 353: Power Circuit-Breakers, Third Edition, 2003 this chapter.
cables for rated voltages 1 kV and 3 kV, (‘‘IEC 60947–2’’), IBR approved for (2) NEMA Standards Publication ICS
Edition 3.0, 2011–08, IBR approved for § 111.54–1 of this chapter. 2.3–1995—Instructions for the
§ 111.106–5(a) of this chapter. (44) IEC 61363–1—Electrical Handling, Installation, Operation, and
(34) IEC 60092–401—Electrical Installations of Ships and Mobile and Maintenance of Motor Control Centers
Installations in Ships, Part 401: Fixed Offshore Units—Part 1: Rated not More Than 600 Volts, 1995
Installation and Test of completed Procedures for Calculating Short-Circuit (‘‘NEMA ICS 2.3’’), IBR approved for
Installation with amendment 1 (1987) Currents in Three-Phase a.c., First § 111.70–3 of this chapter.
and amendment 2 (1997), Third Edition, Edition, 1998 (‘‘IEC 61363–1’’), IBR (3) NEMA Standards Publication No.
1980 (‘‘IEC 60092–401’’), IBR approved approved for § 111.52–5 of this chapter. ICS 2.4–2003—NEMA and IEC Devices
for §§ 111.05–9 and 111.81–1 of this (45) IEC 61892–7:2007—Mobile and for Motor Service—a Guide for
chapter. fixed offshore units—Electrical Understanding the Differences, 2003
(35) IEC 60092–502—Electrical installations—Part 7: Hazardous areas, (‘‘NEMA ICS 2.4’’), IBR approved for
installations in ships—Part 502: Edition 2.0, 2007–11, IBR approved for § 111.70–3 of this chapter.
Tankers—Special features, Fifth edition, § 111.108–3(b) of this chapter. (4) NEMA Standards Publication No.
1999–02 (‘‘IEC 60092–502’’), IBR (46) IEC 62271–100—High-voltage ANSI/NEMA 250–1997—Enclosures for
approved for §§ 111.81–1, 111.105–31, switchgear and controlgear—part 100: Electrical Equipment (1000 Volts
111.106–3(b), 111.106–5(c), 111.106– High-voltage alternating current Maximum), August 30, 2001 (‘‘NEMA
15(a), and 111.108–3(b) of this chapter. circuitbreakers, Edition 1.1, 2003 (‘‘IEC 250’’), IBR approved for §§ 110.15–1,
(36) IEC 60092–503—Electrical 62271–100’’), IBR approved for 111.01–9, 110.15–1, 113.10–7, 113.20–3,
installations in ships, Part 503: Special § 111.54–1 of this chapter. 113.25–11, 113.30–25, 113.37–10,
features: A.C. supply systems with (l) International Maritime 113.40–10, and 113.50–5 of this chapter.
voltages in the range of above 1kV up Organization (IMO Publications (5) NEMA Standards Publication No.
to and including 11kV, First Edition, Section), 4 Albert Embankment, London WC–3–1992—Rubber Insulated Wire
1975 (‘‘IEC 60092–503’’), IBR approved SE1 7SR, United Kingdom, +44 (0) 20 and Cable for the Transmission and
for § 111.30–5 of this chapter. 7735 7611, http://www.imo.org. Distribution of Electrical Energy,
(37) IEC 60331–11—Tests for electric (1) International Convention for the Revision 1, February 1994 (‘‘NEMA
cables under fire conditions—Circuit Safety of Life at Sea (SOLAS), WC–3’’), IBR approved for § 111.60–13
integrity—Part 11: Apparatus—Fire Consolidated Text of the International of this chapter.
alone at a flame temperature of at least Convention for the Safety of Life at Sea, (6) NEMA WC–70/ICEA S–95–658–
750 °C, First Edition, 1999 (‘‘IEC 60331– 1974, and its Protocol of 1988: Article, 1999—Standard for Non-Shielded
11’’), IBR approved for § 113.30–25 of Annexes and Certificates. (Incorporating Power Rated Cable 2000V or Less for the
this chapter. all Amendments in Effect from January Distribution of Electrical Energy, 1999
(38) IEC 60331–21—Tests for Electric 2001), 2001 (‘‘IMO SOLAS 74’’), IBR (‘‘NEMA WC–70’’), IBR approved for
Cables Under Fire Conditions—Circuit approved for §§ 111.99–5, 111.105–31, § 111.60–13 of this chapter.
Integrity—Part 21: Procedures and 112.15–1, and 113.25–6 of this chapter. (p) National Fire Protection
Requirements—Cables of Rated Voltage (2) IMO Resolution A.1023(26)—Code Association (NFPA), 1 Batterymarch
up to and Including 0.6/1.0kV, First for the Construction and Equipment of Park, Quincy, MA 02169, 617–770–
Edition, 1999 (‘‘IEC 60331–21’’), IBR Mobile Offshore Drilling Units, 2009, 18 3000, http://www.nfpa.org.
approved for § 113.30–25 of this January 2010 (‘‘2009 IMO MODU (1) NEC 2002 (NFPA 70)—National
chapter. Code’’), IBR approved for § 111.108–3(b) Electrical Code Handbook, Ninth
(39) IEC 60332–1—Tests on Electric of this chapter. Edition, 2002 (‘‘NFPA NEC 2002’’), IBR
Cables Under Fire Conditions, Part 1: (m) International Society of approved for §§ 111.05–33, 111.20–15,
Test on a Single Vertical Insulated Wire Automation (ISA), 67 T.W. Alexander 111.25–5, 111.50–3, 111.50–7, 111.50–9,
or Cable, Third Edition, 1993 (‘‘IEC Drive, PO Box 12277, Research Triangle 111.53–1, 111.54–1, 111.55–1, 111.59–1,
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60332–1’’), IBR approved for § 111.30– Park, NC 27709, 919–549–8411, http:// 111.60–7, 111.60–13, 111.60–23,
19 of this chapter. www.isa.org/. 111.81–1, 111.105–1, 111.105–3,
(40) IEC 60332–3–22—Tests on (1) RP 12.6—Wiring Practices for 111.105–5, 111.105–7, 111.105–9,
Electric Cables Under Fire Conditions— Hazardous (Classified) Locations 111.105–15, 111.105–17, and 111.107–1
Part 3–22: Test for Vertical Flame Instrumentation Part I: Intrinsic Safety, of this chapter.
Spread of Vertically-Mounted Bunched 1995 (‘‘ISA RP 12.6’’), IBR approved for (2) NFPA 70—National Electrical
Wires or Cables—Category A, First § 111.105–11 of this chapter. Code, 2011 Edition (‘‘NFPA 70’’), IBR
Edition, 2000 (‘‘IEC 60332–3–22’’), IBR (2) [Reserved] approved for §§ 111.106–3(b), 111.106–

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5(c), and 111.108–3(b)(1) and (2) of this 3, 2002), Apr. 27, 1993 (‘‘UL 484’’), IBR Locations, Seventh Edition, Dated July
chapter. approved for § 111.87–3 of this chapter. 31, 2006 (including revisions through
(3) NFPA 77—Recommended Practice (6) UL 489—Molded-Case Circuit June 3, 2010) (‘‘ANSI/UL 913’’), IBR
on Static Electricity, 2000 (‘‘NFPA 77’’), Breakers, Molded-Case Switches, and approved for §§ 111.106–3(b) and
IBR approved for § 111.105–27 of this Circuit-Breaker Enclosures, Ninth 111.108–3(b) of this chapter.
chapter. Edition, (Revisions through and (17) UL 1042—Standard for Electric
(4) NFPA 99—Standard for Health including Mar. 22, 2000), Oct. 31, 1996 Baseboard Heating Equipment, Apr. 11,
Care Facilities, 2005 (‘‘NFPA 99’’), IBR (‘‘UL 489’’), IBR approved for §§ 111.01– 1994, IBR approved for § 111.87–3 of
approved for § 111.105–37 of this 15 and 111.54–1 of this chapter. this chapter.
chapter. (7) UL 514A—Metallic Outlet Boxes, (18) UL 1072—Standard for Medium-
(5) NFPA 496—Standard for Purged Ninth Edition, Dec. 27, 1996 (‘‘UL Voltage Power Cables, Third Edition,
and Pressurized Enclosures for 514A’’), IBR approved for § 111.81–1 of Dec. 28, 2001 (revisions through and
Electrical Equipment, 2003 (‘‘NFPA this chapter. including Apr. 14, 2003), IBR approved
496’’), IBR approved for § 111.105–7 of (8) UL 514B—Conduit, Tubing, and for § 111.60–1 of this chapter.
this chapter. Cable Fittings, Fourth Edition, Nov. 3, (19) UL 1104—Standard for Marine
(6) NFPA 496—Standard for Purged 1997 (‘‘UL 514B’’), IBR approved for Navigation Lights, Second Edition, Oct.
and Pressurized Enclosures for § 111.81–1 of this chapter. 29, 1998, IBR approved for § 111.75–17
Electrical Equipment, 2008 Edition (9) UL 514C—Standard for of this chapter.
(‘‘NFPA 496 (2008)’’), IBR approved for Nonmetallic Outlet Boxes, Flush-Device (20) UL 1203—Standard for
§ 111.106–3(c) of this chapter. Boxes, and Covers, Second Edition, Oct. Explosion-Proof and Dust-Ignition-Proof
(7) NFPA 496—Standard for Purged 31, 1988 (‘‘UL 514C’’), IBR approved for Electrical Equipment for Use in
and Pressurized Enclosures for § 111.81–1 of this chapter. Hazardous (Classified) Locations, Third
(10) UL 674—Standard for Safety: Edition, Sept. 7, 2000 (Revisions
Electrical Equipment, 2013 Edition
Electric Motors and Generators for Use through and including Apr. 30, 2004),
(‘‘NFPA 496 (2013)’’), IBR approved for
in Division 1 Hazardous (Classified) IBR approved for § 111.105–9 of this
§ 111.108–3(d) of this chapter.
Locations, Fourth Edition with revisions chapter.
(q) Naval Sea Systems Command
through Aug. 12, 2008 (dated Dec. 11, (21) UL 1203—Standard for Safety:
(NAVSEA), 1333 Isaac Hull Avenue SE.,
2003) (‘‘ANSI/UL 674’’), IBR approved Explosion-Proof and Dust-Ignition Proof
Washington, DC 20376, 202–781–0000,
for § 111.106–3(b) of this chapter. Electrical Equipment for Use in
http://www.navsea.navy.mil. (11) UL 674—Standard for Safety: Hazardous (Classified) Locations,
(1) DDS 300–2—A.C. Fault Current Electric Motors and Generators for Use Fourth Edition, Dated September 15,
Calculations, 1988 (‘‘NAVSEA DDS in Hazardous (Classified) Locations, 2006 (including revisions through
300–2’’), IBR approved for § 111.52–5 of Fifth Edition, dated May 31, 2011 (with October 28, 2009) (‘‘ANSI/UL 1203’’),
this chapter. revisions through July 19, 2013) IBR approved for §§ 111.106–3(b) and
(2) MIL–HDBK–299(SH)—Military (‘‘ANSI/UL 674 (2013)’’), IBR approved 111.108–3(b) of this chapter.
Handbook Cable Comparison Handbook for § 111.108–3(b) of this chapter. (22) UL 1309—Marine Shipboard
Data Pertaining to Electric Shipboard (12) UL 823—Electric Heaters for Use Cables, First Edition, July 14, 1995, IBR
Cable Notice 1–1991 (Revision of MIL– in Hazardous (Classified) Locations, approved for §§ 111.60–1, 111.60–3, and
HDBK–299(SH) (1989)), October 15, Ninth Edition including revisions 111.106–5(a) of this chapter.
1991 (‘‘NAVSEA MIL–HDBK– through Nov. 15, 2007 (dated Oct. 20, (23) UL 1581—Reference Standard for
299(SH)’’), IBR approved for § 111.60–3 2006) (‘‘ANSI/UL 823’’), IBR approved Electrical Wires, Cables, and Flexible
of this chapter. for §§ 111.106–3(b) and 111.108–3(b) of Cords, May 6, 2003, IBR approved for
(r) UL (formerly Underwriters this chapter. §§ 111.30–19, 111.60–2, and 111.60–6 of
Laboratories, Inc.), 2600 NW. Lake (13) UL 844—Standard for Safety: this chapter.
Road, Camas, WA, 98607, 877–854– Luminaires for Use in Hazardous (24) UL 1598—Luminaires, First
3577, http://www.ul.com. (Classified) Locations, Twelfth Edition Edition, Jan. 31, 2000, IBR approved for
(1) UL 44—Standard for Thermoset- including revisions through Nov. 20, § 111.75–20 of this chapter.
Insulated Wire and Cable, Fifteenth 2008 (dated Jan. 11, 2006) (‘‘ANSI/UL (25) UL 1598A—Standard for
Edition, Mar. 22, 1999 (Revisions 844’’), IBR approved for § 111.106–3(b) Supplemental Requirements for
through and including May 13, 2002) of this chapter. Luminaires for Installation on Marine
(‘‘UL 44’’), IBR approved for § 111.60–11 (14) UL 844—Standard for Safety: Vessels, First Edition, Dec. 4, 2000, IBR
of this chapter. Luminaires for Use in Hazardous approved for § 111.75–20 of this
(2) UL 50—Standard for Safety (Classified) Locations, Thirteenth chapter.
Enclosures for Electrical Equipment, Edition, dated June 29, 2012 (‘‘ANSI/UL (26) UL 1604—Electrical Equipment
Eleventh Edition, Oct. 19, 1995 (‘‘UL 844 (2012)’’), IBR approved for for use in Class I and II, Division 2 and
50’’), IBR approved for § 111.81–1 of § 111.108–3(b) of this chapter. Class III Hazardous (Classified)
this chapter. (15) UL 913—Standard for Locations, Third Edition, Dated April
(3) UL 62—Standard for Flexible Cord Intrinsically Safe Apparatus and 28, 1994 (including revisions through
and Fixture Wire, Sixteenth Edition, Associated Apparatus for Use in Class i, February 3, 2004) (‘‘UL 1604’’), IBR
Oct. 15, 1997 (‘‘UL 62’’), IBR approved ii, and iii, Division 1, Hazardous approved for § 111.108–3(b) of this
for § 111.60–13 of this chapter. (Classified) Locations, Sixth Edition, chapter.
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(4) UL 83—Standard for (Revisions through and including Dec. (27) UL 2225—Cables and Cable-
Thermoplastic-Insulated Wires and 15, 2003) August 8, 2002 (‘‘UL 913’’), Fittings for Use in Hazardous
Cables, Twelfth Edition, Sept. 29, 1998 IBR approved for § 111.105–11 of this (Classified) Locations, Second Edition,
(‘‘UL 83’’), IBR approved for § 111.60–11 chapter. Dec. 21, 2005 (‘‘ANSI/UL 2225’’), IBR
of this chapter. (16) UL 913—Standard for Safety: approved for § 111.106–3(b) of this
(5) UL 484—Standard for Room Air Intrinsically Safe Apparatus and chapter.
Conditioners, Seventh Edition, Associated Apparatus for Use in Class I, (28) UL 2225—Standard for Safety:
(Revisions through and including Sep. II, and III, Division 1, Hazardous Cables and Cable-Fittings for use in

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Hazardous (Classified) Locations, Third Subpart 111.108—Hazardous (2) NFPA 70 Article 505 (incorporated
Edition, dated February 25, 2011 Locations Requirements on U.S. and by reference, see § 110.10–1 of this
(‘‘ANSI/UL 2225 (2011)’’), IBR approved Foreign MODUs, Floating OCS chapter). Equipment required to be
for § 111.108–3(b) of this chapter. Facilities, Vessels Conducting OCS identified for Class I locations must
■ 9. Amend § 110.15–1(b) by adding, in Activities, and U.S. Vessels That Carry meet the provisions of Sections 505.7
alphabetical order, the definitions for Flammable and Combustible Cargo and 505.9 of NFPA 70 and must be
‘‘Constructed’’, ‘‘OCS activity’’, and tested and listed by an independent
Sec. laboratory to one or more of the types
‘‘Outer Continental Shelf (OCS)’’ to read
111.108–1 Applicability. of protection in ANSI/ISA Series of
as follows: 111.108–2 [Reserved]
standards incorporated in NFPA 70.
111.108–3 General requirements.
§ 110.15–1 Definitions. Note to paragraph (b)(2). See Article
* * * * * § 111.108–1 Applicability. 505.9(c)(1) of the NFPA 70
(b) * * * (a) This subpart applies to MODUs, (incorporated by reference, see
Constructed means the date— floating OCS facilities, and vessels, § 110.10–1 of this chapter) for use of
(1) The vessel’s keel was laid; or other than offshore supply vessels Division equipment in Zone designated
(2) Construction identifiable with the spaces.
regulated under subchapter L of this
vessel or facility began and assembly of (3) Clause 6 of IEC 61892–7:2007
chapter, constructed after April 2, 2018
that vessel or facility commenced (incorporated by reference, see
that engage in OCS activities.
comprising of 50 metric tons or at least (b) U.S. MODUs, floating OCS § 110.10–1 of this chapter) for all U.S.
1 percent of the estimated mass of all facilities, and vessels other than OSVs and foreign floating OCS facilities and
structural material, whichever is less. regulated under subchapter L of this vessels on the U.S. OCS or on the waters
* * * * * adjacent thereto; chapter 6 of 2009 IMO
chapter and U.S. tank vessels that carry
OCS activity has the same meaning as MODU Code (incorporated by reference,
flammable and combustible cargoes,
it does in 33 CFR 140.10. see § 110.10–1) for all U.S. and foreign
may comply with this subpart in lieu of
Outer Continental Shelf (OCS) has the MODUs; or clause 6 of IEC 60092–502
§§ 111.105–1 through 111.105–15. All
same meaning as it does in 33 CFR (incorporated by reference, see
other sections of subpart 111.105 of this
140.10. § 110.10–1) for U.S. tank vessels that
part remain applicable.
* * * * * carry flammable and combustible
§ 111.108–2 [Reserved] cargoes. Electrical apparatus in
■ 10. Amend § 110.25–1 by adding
hazardous locations must be tested to
paragraph (q) to read as follows: § 111.108–3 General requirements. IEC 60079–1:2007, IEC 60079–2:2007,
§ 110.25–1 Plans and information required (a) Electrical installations in IEC 60079–5:2007, IEC 60079–6:2007,
for new construction. hazardous locations, where necessary IEC 60079–7:2006, IEC 60079–11:2011,
* * * * * for operational purposes, must be IEC 60079–13:2010, IEC 60079–15:2010,
(q) For vessels with hazardous located in the least hazardous location IEC 60079–18:2009 or IEC 60079–
locations to which subpart 111.108 of practicable. 25:2010 (incorporated by reference, see
this chapter applies, plans showing the (b) Electrical installations in § 110.10–1) and certified by an
extent and classification of all hazardous locations must comply with independent laboratory under the IECEx
hazardous locations, including paragraphs (b)(1), (2), or (3) of this System.
information on— section. (c) System components that are listed
(1) Equipment identification by (1) NFPA 70 Articles 500 through 504 or certified under paragraph (b)(1), (2),
manufacturer’s name and model (incorporated by reference, see or (3) of this section must not be
number; § 110.10–1 of this chapter). Equipment combined in a manner that would
(2) Equipment use within the system; required to be identified for Class I compromise system integrity or safety.
(3) Parameters of intrinsically safe locations must meet the provisions of (d) As an alternative to paragraph
systems, including cables; Sections 500.7 and 500.8 of NFPA 70 (b)(1) of this section, electrical
(4) Equipment locations; and must be tested and listed by an equipment that complies with the
(5) Installation details and/or independent laboratory to any of the provisions of NFPA 496 (2013)
approved control drawings; and following standards: (incorporated by reference, see
(6) A certificate of testing, and listing (i) ANSI/UL 674 (2013), ANSI/UL § 110.10–1 of this chapter) is acceptable
or certification, by an independent 823, ANSI/UL 844 (2012), ANSI/UL 913, for installation in Class I, Divisions 1
laboratory or an IECEx Certificate of ANSI/UL 1203, UL 1604 (replaced by and 2. When equipment meeting this
Conformity under the IECEx System, ANSI/ISA 12.12.01) or ANSI/UL 2225 standard is used, it does not need to be
where required by the respective (2011) (incorporated by reference, see identified and marked by an
standard in § 111.108–3(b)(1), (2), or (3) § 110.10–1 of this chapter). independent laboratory. The
of this chapter. (ii) FM Approvals Class Number 3600, Commanding Officer, MSC, will
Class Number 3610, Class Number 3611, evaluate equipment complying with this
PART 111—ELECTRIC SYSTEMS Class Number 3615, or Class Number standard during plan review.
GENERAL REQUIREMENTS 3620 (incorporated by reference, see Note to paragraph (d). The
§ 110.10–1 of this chapter). Commanding Officer, MSC, will
■ 11. The authority citation for part 111 (iii) CSA C22.2 Nos. 0–M91, 30– generally consider it acceptable if a
asabaliauskas on DSK5VPTVN1PROD with RULES

continues to read as follows: M1986, 157–92, or 213–M1987 manufacturer’s certification of


Authority: 46 U.S.C. 3306, 3703; (incorporated by reference, see compliance is indicated on a material
Department of Homeland Security Delegation § 110.10–1 of this chapter). list or plan.
No. 0170.1. Section 111.05–20 and Subpart Note to § 111.108–3(b)(1): See Article (e) Equipment listed or certified to
111.106 also issued under sec. 617, Pub. L. 501.5 of NFPA 70 (incorporated by ANSI/ISA 60079–18 (2012) or IEC
111–281, 124 Stat. 2905. reference, see § 110.10–1 of this chapter) 60079–18:2009, respectively,
■ 12. Add subpart 111.108 to read as for use of Zone equipment in Division (incorporated by reference, see
follows: designated spaces. § 110.10–1 of this chapter) is not

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16996 Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Rules and Regulations

permitted in Class I, Special Division 1, including the information collection sponsor a collection of information
or Zone 0 hazardous locations unless requirements, will take effect on April 8, unless the collection of information
the encapsulating compound of Ex 2015. displays a currently valid OMB control
‘‘ma’’ protected equipment is not FOR FURTHER INFORMATION CONTACT: number and the agency informs
exposed to, or has been determined to Debra A. Carr, Director, Division of members of the public who must
be compatible with, the liquid or cargo Policy and Program Development, respond to the collection of information
in the storage tank. Office of Federal Contract Compliance that they are not required to respond to
(f) Submerged pump motors that do Programs, U.S. Department of Labor, the collection of information unless the
not meet the requirements of § 111.105– 200 Constitution Ave. NW., Room C– agency displays a currently valid OMB
31(d), installed in tanks carrying 3325, Washington, DC 20210, (202) 693– control number.
flammable or combustible liquids with 0104. This is not a toll-free number. Dated: March 25, 2015.
closed-cup flashpoints not exceeding
SUPPLEMENTARY INFORMATION: OFCCP Debra A. Carr,
60° C (140 °F), must receive concept
published a final rule entitled Director, Division of Policy and Program
approval by the Commandant (CG–ENG)
‘‘Implementation of Executive Order Development, Office of Federal Contract
and plan approval by the Commanding
Officer, MSC. 13672 Prohibiting Discrimination Based Compliance Programs.
(g) Internal combustion engines on Sexual Orientation and Gender [FR Doc. 2015–07216 Filed 3–30–15; 8:45 am]
installed in Class I, Divisions 1 and 2 Identity by Contractors and BILLING CODE 4510–CM–P
(Class I and IEC, Zones 1 and 2) must Subcontractors’’ on December 9, 2014.
meet the provisions of ASTM F2876–10 This final rule amends the regulations
(incorporated by reference, see implementing Executive Order 11246 by DEPARTMENT OF COMMERCE
§ 110.10–1 of this chapter). replacing the words ‘‘sex, or national
origin’’ with the words ‘‘sex, sexual National Oceanic and Atmospheric
Dated: March 20, 2015. orientation, gender identity, or national Administration
J.G. Lantz, origin’’ as directed by Executive Order
Director of Commercial Regulations and 13672, titled ‘‘Further Amendments to 50 CFR Part 679
Standards, U.S. Coast Guard. Executive Order 11478, Equal
[FR Doc. 2015–06946 Filed 3–30–15; 8:45 am] [Docket No. 140918791–4999–02]
Employment Opportunity in the Federal
BILLING CODE 9110–04–P Government and Executive Order RIN 0648–XD845
11246, Equal Employment
Opportunity.’’ This final rule becomes Fisheries of the Exclusive Economic
DEPARTMENT OF LABOR effective on April 8, 2015. Zone Off Alaska; Inseason Adjustment
OFCCP submitted the information to the 2015 Gulf of Alaska Pollock
Office of Federal Contract Compliance collection request on December 8, 2014 Seasonal Apportionments
Programs to OMB for approval in accordance with AGENCY: National Marine Fisheries
the Paperwork Reduction Act of 1995. Service (NMFS), National Oceanic and
41 CFR Parts 60–1, 60–2, 60–4, and 60– On March 17, 2015 OMB approved the
50 Atmospheric Administration (NOAA),
collections of information contained in Commerce.
the final rule and assigned this
Implementation of Executive Order ACTION: Temporary rule; inseason
collection OMB Control Number 1250–
13672 Prohibiting Discrimination adjustment.
0009 title ‘‘Prohibiting Discrimination
Based on Sexual Orientation and
Based on Sexual Orientation and SUMMARY: NMFS is adjusting the 2015
Gender Identity by Contractors and
Gender Identity by Contractors and seasonal apportionments of the total
Subcontractors; Agency Information
Subcontractors.’’ The approval for the allowable catch (TAC) for pollock in the
Collection Activities; Announcement of
collection expires on September 30, Gulf of Alaska (GOA) by re-apportioning
OMB Approval
2015. The approved collections of unharvested pollock TAC in Statistical
AGENCY: Office of Federal Contract information are: Areas 610, 620, and 630 of the GOA.
Compliance Programs, Labor. • Amending the Equal Opportunity This action is necessary to provide
ACTION: Announcement of Office of Clause: Sections 60–1.4(a) and (b) and opportunity for harvest of the 2015
Management and Budget (OMB) 60–4.3(a); pollock TAC, consistent with the goals
approval of collection of information • Amending the Tag Line in Job and objectives of the Fishery
requirements. Advertisements and Solicitations: Management Plan for Groundfish of the
Sections 60–1.4(a)(2), and 1.4(b)(2); and Gulf of Alaska.
SUMMARY: The Department of Labor, • Reporting Denied Visas to
Office of Federal Contract Compliance DATES: Effective 1200 hours, Alaska
Department of State and OFCCP:
Programs (OFCCP) is announcing that Section 60–1.10. local time (A.l.t.), March 26, 2015, until
the collection of information As required by the Paperwork 2400 hours A.l.t., December 31, 2015.
requirements contained in the final rule Reduction Act of 1995, the Federal FOR FURTHER INFORMATION CONTACT: Josh
titled ‘‘Implementation of Executive Register Notice for the final rule stated Keaton, 907–586–7228.
Order 13672 Prohibiting Discrimination that compliance with the collection of SUPPLEMENTARY INFORMATION: NMFS
Based on Sexual Orientation and information requirements was not manages the groundfish fishery in the
asabaliauskas on DSK5VPTVN1PROD with RULES

Gender Identity by Contractors and required until these requirements are GOA exclusive economic zone
Subcontractors’’ (41 CFR part 60) have approved by OMB, and the Department according to the Fishery Management
been approved by OMB under the of Labor publishes a notice in the Plan for Groundfish of the Gulf of
Paperwork Reduction Act of 1995. The Federal Register announcing that OMB Alaska (FMP) prepared by the North
OMB approval control number is 1250– approved and assigned a control Pacific Fishery Management Council
0009. number to the requirements. As (Council) under authority of the
DATES: The final rule published provided in 5 CFR 1320.5(b) and Magnuson-Stevens Fishery
December 9, 2014 (79 FR 72985), 1320.6(a), an agency may not conduct or Conservation and Management Act.

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