Federal Register / Vol. 65, No. 26 / Tuesday, February 8, 2000 / Proposed Rules 6111

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance.’’)

Dated: January 28, 2000.

Michael J. Armstrong,

Associate Director for Mitigation.

[FR Doc. 00–2805 Filed 2–7–00; 8:45 am]

BILLING CODE 6718–04–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 110 and 111

[USCG–1999–6096]

RIN 2115–AF89

Marine Shipboard Electrical Cable

Standards

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

amend its electrical engineering

regulations for merchant vessels by

adding alternate cable standards that are

equivalent to the existing standards. Our

intent is to revise requirements that

create an unwarranted difference

between domestic rules and

international standards for marine cable.

DATES: Comments and related material

must reach the Docket Management

Facility on or before May 8, 2000.

ADDRESSES: To make sure your

comments and related material are not

entered more than once in the docket,

please submit them by only one of the

following means:

(1) By mail to the Docket Management

Facility (USCG–1999–6096), U.S.

Department of Transportation, room PL–

401, 400 Seventh Street SW.,

Washington, DC 20590–0001.

(2) By hand delivery to room PL–401

on the Plaza level of the Nassif Building,

400 Seventh Street SW., Washington,

DC, between 9 a.m. and 5 p.m., Monday

through Friday, except Federal holidays.

The telephone number is 202–366–

9329.

(3) By fax to the Docket Management

Facility at 202–493–2251.

(4) Electronically through the Web

Site for the Docket Management System

at http://dms.dot.gov.

The Docket Management Facility

maintains the public docket for this

rulemaking. Comments and material

received from the public, as well as

documents mentioned in this preamble

as being available in the docket, will

become part of this docket and will be

available for inspection or copying at

room PL–401 on the Plaza level of the

Nassif Building, 400 Seventh Street

SW., Washington, DC, between 9 a.m.

and 5 p.m., Monday through Friday,

except Federal holidays. You may also

find this docket on the Internet at http:/

/dms.dot.gov.

You may inspect the material

proposed for incorporation by reference

at room 1300, U.S. Coast Guard

Headquarters, 2100 Second Street SW.,

Washington, DC 20593–0001 between 9

a.m. and 4 p.m., Monday through

Friday, except Federal holidays. The

telephone number is 202–267–0658.

Copies of the material are available as

indicated in the ‘‘Incorporation by

Reference’’ section of this preamble.

FOR FURTHER INFORMATION CONTACT: For

questions on this proposed rule, call Ms.

Dolores Mercier, Project Manager, Office

of Design and Engineering Standards

(G–MSE), Coast Guard, telephone 202–

267–0658. For questions on viewing or

submitting material to the docket, call

Dorothy Walker, Chief, Dockets,

Department of Transportation,

telephone 202–366–9329.

SUPPLEMENTARY INFORMATION:

Request for Comments 

We encourage you to participate in

this rulemaking by submitting

comments and related material. If you

do so, please include your name and

address, identify the docket number for

this rulemaking (USCG–1999–6096),

indicate the specific section of this

document to which each comment

applies, and give the reason for each

comment. You may submit your

comments and material by mail, hand

delivery, fax, or electronic means to the

Docket Management Facility at the

address under ADDRESSES; but please

submit your comments and material by

only one means. If you submit them by

mail or hand delivery, submit them in

an unbound format, no larger than 81⁄2

by 11 inches, suitable for copying and

electronic filing. If you submit them by

mail and would like to know they

reached the Facility, please enclose a

stamped, self-addressed postcard or

envelope. We will consider all

comments and material received during

the comment period. We may change

this proposed rule in view of them.

Public Meeting

We do not now plan to hold a public

meeting. But you may submit a request

for one to the Docket Management

Facility at the address under ADDRESSES

explaining why one would be

beneficial. If we determine that a public

meeting would aid this rulemaking, we

will hold one at a time and place

announced by a later notice in the

Federal Register.

Background and Purpose

Since the last revision of our electrical

engineering regulations in 46 CFR

chapter I, subchapter J, (62 FR 23894,

May 1, 1997), we have received a

number of letters concerning the

construction requirements in 46 CFR

111.60–1 and 111.60–3 for cable used

on merchant vessels. Sections 111.60–1

and 111.60–3 allow the use of cables

meeting certain industry standards

listed in those sections. The letters

suggest that there are other cable

standards beside those listed in the two

sections that would provide a level of

performance and safety equivalent to

the listed standards. The Coast Guard

reviewed these standards and found

them to be equivalent. Therefore, the

purpose for this notice of proposed

rulemaking is to gather your comments

on whether you agree that these

standards do provide an equivalent

level of performance and safety for cable

used on merchant vessels. The Coast

Guard completed equivalency

determinations on UL 1309 (1995); IEC

92–350, 1988, amendment 1 (1994); and

IEC 92–353 (1995–01). We believe that

these standards offer an equivalent level

of performance and safety to those

standards already listed. These

equivalency determinations have been

placed in the public docket for the

rulemaking.

In the text of the Transportation and

Infrastructure Committee report

accompanying HR 820, the committee

stated that the Coast Guard should

undertake a formal rulemaking process

before deciding whether IEC 92–350,

IEC 92–353, and UL 1309 are approved

for use.

The Coast Guard encourages public

comment on all aspects of this

rulemaking initiative.

Discussion of Proposed Rule 

The title and edition of the standards

referred to in this discussion are found

in proposed § 110.10–1(b) or in existing

46 CFR 110.10–1(b).

Proposed § 111.60–1(a)

This paragraph would be amended to

allow the use of marine shipboard cable

meeting UL 1309, IEC 92–350, or IEC

92–353, as well as cable meeting one of

the standards presently listed.

Proposed § 111.60–1(b)

This paragraph would be amended to

specify the flammability requirements

for cable meeting IEC 92–350 or IEC 92–

353.

6112 Federal Register / Vol. 65, No. 26 / Tuesday, February 8, 2000 / Proposed Rules

Proposed § 111.60–1(c)

This paragraph would be amended to

also allow the use of type T/N cable as

listed in UL 1309.

Proposed § 111.60–3(a)

This paragraph would be amended to

allow the use of marine shipboard cable

meeting UL 1309, IEC 92–350, or IEC

92–353, as well as cable meeting one of

the standards presently listed.

Proposed § 111. 60–3(b)

This paragraph would be amended to

also allow the use of type T/N cable as

listed in UL 1309.

This rulemaking is intended to further

reduce the regulatory burden on the

industry, eliminate misinterpretation of

the regulations by all affected parties,

and bring the regulations in line with

the current technology in the industry

as well as with standards accepted by

the international maritime community.

Incorporation by Reference

Material proposed for incorporation

by reference appears in 46 CFR 110.10–

1(b). You may inspect this material at

U.S. Coast Guard Headquarters where

indicated under ADDRESSES. Copies of

the material are available from the

sources listed in § 110.10–1(b).

Before publishing a final rule, we will

submit this material to the Director of

the Federal Register for approval of the

incorporation by reference.

Regulatory Evaluation

This proposed rule is not a

‘‘significant regulatory action’’ under

section 3(f) of Executive Order 12866

and does not require an assessment of

potential costs and benefits under

section 6(a)(3) of that Order. The Office

of Management and Budget has not

reviewed it under that Order. It is not

‘‘significant’’ under the regulatory

policies and procedures of the

Department of Transportation (DOT) (44

FR 11040; February 26, 1979). We

expect the economic impact of this

proposed rule to be so minimal that a

full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

The proposed rule would provide a

greater choice in the type of shipboard

cables by allowing the use of cables

made to standards other than those

specified in the current regulations.

This should increase the number of

choices for vessel owners without

increasing costs. In addition, it might

benefit vessel owners by enhancing

competition within the cable industry.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this proposed rule would have

a significant economic impact on a

substantial number of small entities.

The term ‘‘small entities’’ comprises

small businesses, not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields, and

governmental jurisdictions with

populations of less than 50,000.

As discussed in the Regulatory

Evaluation section of this preamble,

there are no costs associated with it this

proposed rule. Therefore, the Coast

Guard certifies under 5 U.S.C. 605(b)

that this proposed rule would not have

a significant economic impact on a

substantial number of small entities. If

you think that your business,

organization, or governmental

jurisdiction qualifies as a small entity

and that this rule would have a

significant economic impact on it,

please submit a comment to the Docket

Management Facility at the address

under ADDRESSES. In your comment,

explain why you think it qualifies and

how and to what degree this rule would

economically affect it.

Collection of Information

This proposed rule would call for no

new collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3520).

Federalism Summary Impact Statement

We have analyzed this proposed rule

under Executive Order 13132,

Federalism. This rule would amend the

regulations on vessel design and

construction. In particular, it would

provide vessel owners with additional

options in the choice of cable used on

their vessels.

It is well settled that States are

precluded from regulating in the

categories of vessel design, construction,

and equipment—categories that are

reserved for regulation by the Coast

Guard under 46 U.S.C. 3306 and

3703(a). See Ray v. Atlantic Richfield

Co., 435 U.S. 151 (1978), which clearly

evidences Congressional intent to

preempt State law, because the exercise

of State authority would conflict with

the exercise of Federal authority under

Federal statute. Also see International

Association of Independent Tank Vessel

Owners (Intertanko) v. Locke, 148 F.3d

1053 (9th Cir. 1998). Further, it is the

position of the United States that all of

the categories covered in 46 U.S.C. 3306

and 3703(a), 7101, and 8101 (e.g.,

design, construction, alteration, repair,

maintenance, operation, equipping,

personnel qualification, and manning of

vessels) are within the field foreclosed

from State regulation. See the Brief for

the United States at 26, United States v.

Locke; Intertanko v. Locke (Nos. 98–

1701 and 98–1706) (cert. granted 120 S.

Ct. 133), available in LEXIS, Genfed

Library, Briefs file. This entire rule falls

into the field encompassed by 46 CFR

3306 and 3703(a), where, by operation

of law, State regulation is precluded.

For this reason, consultation under

section 6 of the Executive Order would

not be meaningful and, therefore, is

unnecessary.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

unfunded mandate is a regulation that

requires a State, local, or tribal

government or the private sector to

incur direct costs without the Federal

Government’s having first provided the

funds to pay those costs. This proposed

rule would not impose an unfunded

mandate.

Taking of Private Property

This proposed rule would not effect a

taking of private property or otherwise

have taking implications under E.O.

12630, Governmental Actions and

Interference with Constitutionally

Protected Property Rights.

Civil Justice Reform

This proposed rule meets applicable

standards in sections 3(a) and 3(b)(2) of

E.O. 12988, Civil Justice Reform, to

minimize litigation, eliminate

ambiguity, and reduce burden.

Protection of Children

We have analyzed this proposed rule

under E.O. 13045, Protection of

Children from Environmental Health

Risks and Safety Risks. This rule is not

an economically significant rule and

does not concern an environmental risk

to health or risk to safety that may

disproportionately affect children.

Environment

We considered the environmental

impact of this proposed rule and

concluded that, under figure 2–1,

paragraphs (34)(d) and (e), of

Commandant Instruction M16475.1C,

this rule is categorically excluded from

further environmental documentation.

This rule concerns the equipping of, and

carriage requirements for, vessels. A

‘‘Categorical Exclusion Determination’’

is available in the docket where

indicated under ADDRESSES.

Federal Register / Vol. 65, No. 26 / Tuesday, February 8, 2000 / Proposed Rules 6113

List of Subjects

46 CFR Part 110

Incorporation by reference, Reporting

and recordkeeping requirements,

Vessels.

46 CFR Part 111

Vessels.

For the reasons discussed in the

preamble, the Coast Guard proposes to

amend 46 CFR parts 110 and 111 as

follows:

PART 110—GENERAL PROVISIONS

1. The authority citation for part 110

continues to read as follows:

Authority: 33 U.S.C. 1509; 43 U.S.C. 1333;

46 U.S.C. 3306, 3703; E.O. 12234, 45 FR

58801, 3 CFR, 1980 Comp., p. 277; 49 CFR

1.45, 1.46; § 110.01–2 also issued under 44

U.S.C. 3507.

2. In § 110.10–1(b), in the entries for

‘‘International Electrotechnical

Commission’’ and ‘‘Underwriters

Laboratories, Inc.,’’ revise the

introductory text and add, in numerical

order, new standards IEC 92–350, IEC

92–353, and UL 1309 to read as follows:

§ 110.10–1 Incorporation by reference.

* * * * *

(b) * * *

* * * * *

International Electrotechnical Commission (IEC), 3 Rue de Varembe,

Geneva, Switzerland. (Also available from ANSI.).

*****

IEC 92–350, Electrical Installations

in Ships, Part 350: Low Voltage

Shipboard Power Cables—General

Construction and Test Requirements, 1988 amendment 1 (1994).

111.60–1

*****

IEC 92–353, Electrical Installations

in Ships, Part 353: Single and

Multicore Non-radial Field Power

Cables with Extruded Solid Insulation for Rated Voltages 1kV and

3kV, 1995–01.

111.60–1;

111.60–3

*****

Underwriters Laboratories, Inc. (UL),

12 Laboratory Drive, Research Triangle Park, NC 27709–3995..

*****

UL 1309, Standard for Marine Shipboard Cables, 1995.111.60–1;

111.60–3

*****

PART 111—ELECTRIC SYSTEMS—

GENERAL REQUIREMENTS

3. The authority citation for part 111

continues to read as follows:

Authority: 46 U.S.C. 3306, 3703; 49 CFR

1.46.

4. In § 111.60–1, revise paragraphs (a)

and (b) and the introductory text of

paragraph (c) to read as follows:

§ 111.60–1 Cable construction and testing.

(a) Each marine shipboard cable must

meet all of the construction and

identification requirements of either

IEEE Std 45, IEC 92–3, IEC 92–350, IEC

92–353, UL 1309, MIL–C–24640A, or

MIL–C–24643A and the respective

flammability test contained in them and

be of a copper stranded type.

Note to Paragraph (a): MIL–C–915 cable is

acceptable only for repairs and replacements

in kind. MIL–C–915 cable is no longer

acceptable for alterations, modifications,

conversions, or new construction. (See

§ 110.01–3 of this chapter).

(b) Each cable constructed to IEC 92–

3 or IEC 92–353 must meet the

flammability requirements of IEC 332–3,

Category A.

(c) Electrical cable that has a

polyvinyl chloride insulation with a

nylon jacket (Type T/N) must meet UL

1309 or, must meet the requirements for

polyvinyl chloride insulated cable in

section 18 of IEEE Std 45, except—

* * * * *

5. In § 111.60–3, revise paragraphs (a)

and (b) to read as follows:

§ 111.60–3 Cable application.

(a) Cable constructed in accordance

with IEEE Std 45 must meet the cable

application provisions of section 19 of

IEEE Std 45. Cable constructed in

accordance with IEC 92–3, IEC 92–353,

or UL 1309 must meet the provisions of

section 19 of IEEE Std 45, except 19.6.1,

19.6.4, and 19.8. Cable constructed in

accordance with IEC 92–3 and IEC 92–

353 must comply with the ampacity

values of IEC 92–352, Table 1.

(b) Type T/N cables must meet section

19 of IEEE Std 45 for Type T insulation

or the provisions listed in UL 1309.

* * * * *

Dated: February 2, 2000.

Joseph J. Angelo,

Acting Assistant Commandant for Marine

Safety and Environmental Protection.

[FR Doc. 00–2821 Filed 2–7–00; 8:45 am]

BILLING CODE 4910–15–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[WT Docket No. 97–82; FCC 99–384]

Communication Between Applicants in

Commission Spectrum Auctions

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document proposes to

amend the regulation of the Federal

Communications Commission (FCC)

regarding communications between

applicants in FCC spectrum auctions.

The Commission proposes to require

any auction applicant that makes or

receives a prohibited communication of

bids or bidding strategies to report

promptly such a communication to the

Commission. The information reported

to the FCC would facilitate the

Commission’s monitoring and

investigation of unlawful activity during

Commission spectrum auctions.

DATES: Comments are due on or before

April 10, 2000. Reply comments are due

on or before June 7, 2000. Written

comments by the public on the

proposed information collections are

due April 10, 2000. The Office of

Management and Budget (OMB) must

submit written comments on the

proposed information collection(s) on or

before April 10, 2000.

ADDRESSES: An original and four copies

of each filing must be sent to the

Commission’s Secretary, Magalie Roman

Salas, Office of the Secretary, TW–A306,

Federal Communications Commission,

445 12th Street, SW., Washington, DC

20554. If you want each Commissioner

to receive a copy of your comments, you

must file an original plus eleven copies.

Alternatively, comments and reply

comments may be filed with the FCC

using the Commission’s Electronic

Comment Filing System (‘‘ECFS’’), via

the Internet to <http://www.fcc.gov/efile/ecfs.html>. See Electronic Filing of

Documents in Rulemaking Proceedings,

63 FR 24121 (May 1, 1998).

In addition to filing comments with

the Secretary, a copy of any comments

on the information collections

contained herein should be submitted to

Judy Boley, Federal Communications

Commission, Room 1–C804, 445 12th

Street, SW, Washington, DC 20554, or

via the Internet to jboley@fcc.gov, and to

Virginia Huth, OMB Desk Officer, 10236

NEOB, 725—17th Street, N.W.,

Washington, DC 20503 or via the

Internet to vhuth@omb.eop.gov.

FOR FURTHER INFORMATION CONTACT:

Richard Arsenault, Commercial

Wireless Division, Wireless

Telecommunications Bureau, Federal

Communications Commission, 418–

0920, or via the Internet at

rarsenau@fcc.gov. For additional

information concerning the information

collection(s) contained in this

document, contact Judy Boley at 202–

418–0214, or via the Internet at

jboley@fcc.gov.

SUPPLEMENTARY INFORMATION: 1. In the

subject Notice of Proposed Rulemaking

(NPRM), the FCC proposes to amend its

regulation, 47 CFR 1.2105(c)(1),

regarding communications between

applicants in FCC spectrum auctions.

The Commission proposes to amend