[Federal Register Volume 66, Number 107 (Monday, June 4, 2001)]
[Rules and Regulations]
[Pages 29908-29911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13706]


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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: Final rule.

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SUMMARY: The Coast Guard amends its electrical engineering regulations 
for merchant vessels by adding alternate cable standards that are 
equivalent to the existing standards. Our purpose is to revise 
requirements that create an unwarranted difference between domestic 
rules and international standards for marine cable.

DATES: This final rule is effective July 5, 2001. The incorporation by 
reference of certain publications listed in the rule is approved by the 
Director of the Federal Register as of July 5, 2001.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-1999-6096 and are available for inspection or 
copying at the Docket Management Facility, U.S. Department of 
Transportation, room PL-401, 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Dolores Mercier, Project Manager, Office of Design and Engineering 
Standards (G-MSE), Coast Guard, telephone 202-267-0658. If you have 
questions on viewing the docket, call Dorothy Beard, Chief, Dockets, 
Department of Transportation, telephone 202-366-5149.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On February 8, 2000, we published a notice of proposed rulemaking 
(NPRM) entitled ``Marine Shipboard Electrical Cable Standards'' in the 
Federal Register (65 FR 6111). Following publication of the NPRM, we 
received several requests to hold a public meeting. In response to 
these requests, we scheduled a public meeting for June 28, 2000. We 
notified the public of the meeting in a notice of public meeting and 
reopening of comment period published on June 5, 2000 (65 FR 35600). On 
June 26, 2000, we published a correction to the notice (65 FR 39334). 
On July 27, 2000, we published a notice to reopen the comment period 
(65 FR 46143).

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 completed equivalency determinations 
on UL 1309 (1995); IEC 92-350, 1988, amendment 1 (1994); and IEC 92-353 
(1995-01) and found them to be equivalent.

Discussion of Comments and Changes

    The Coast Guard received 58 comments on the notice of proposed 
rulemaking (NPRM). Here, we discuss first comments of a general nature, 
then comments relating to specific sections of the regulation.

I. General Comments

    1. Several commenters liked the proposed changes to Secs. 111.60-1 
and 111.60-3. They agreed that the changes offered the entire maritime 
industry more flexibility and increased the clarity of the regulations 
without compromising performance or safety. A number of comments 
commended the Coast Guard's effort to enhance its marine shipboard 
electrical cable regulation and incorporate industry standards, both 
domestic and international.
    2. Eight comments recommended that the Coast Guard use the new IEC 
numbering system for its references to any IEC standard.
    The Coast Guard agrees with these comments and will change them 
throughout 46 CFR as part of a separate rulemaking.
    3. Six comments stated that the Coast Guard requires marine 
shipboard electrical cable to be certified by an independent 
laboratory.
    The Coast Guard does not require third-party verification for 
marine shipboard electrical cable. The cable manufacturer may self-
certify its cable

[[Page 29909]]

to any of the cable standards listed in Sec. 111.60-1(a).
    4. Three comments suggested that the Coast Guard list in 46 CFR all 
cable types approved by the Coast Guard as meeting a particular 
standard.
    If the cable meets a standard accepted by the Coast Guard, the 
standard's number (e.g., IEC 92-3) appears on the cable markings. 
Therefore, there is no need to also list them in the regulations.
    5. Several comments recommended that the edition of IEEE Std 45 
referenced in the existing regulations be changed from the 1983 edition 
to the 1998 edition.
    As a separate project, we published a request for comments on 
January 8, 2001 (66 FR 1283), regarding this specific recommendation, 
and we look forward to receiving additional comments on this topic 
under that notice.
    6. Eleven comments stated that IEC 92-3 was an obsolete standard 
and should not be referenced in 46 CFR chapter I, subchapter J.
    The Coast Guard still recognizes IEC 92-3 as an acceptable 
standard, however it will be reviewed as part of a future rulemaking.
    7. Two comments asked whether NVIC 2-89, Guide for Electrical 
Installation on Merchant Vessels and Mobile Offshore Drilling Units, 
will still be valid with the incorporation of UL 1309 in Secs. 111.60-1 
and 111.60-3.
    NVIC 2-89 is not affected by this rulemaking.

II. Comments on Specific Sections

Section 111.60-1
    1. Six comments agreed with adding IEC 92-350 and IEC 92-353 to 
Secs. 111.60-1(a) and 111.60-3. These comments agree that the current 
marine shipboard cable regulations create an unwarranted differential 
between domestic rules and international standards. Some comments also 
pointed out that classification societies, such as American Bureau of 
Shipping (ABS) and Det Norske Veritas (DNV), accept IEC standards in 
their regulations.
    2. Three comments recommended that IEC 92-350 not be added to 
Sec. 111.60-1(a), as proposed, because IEC 92-353, which is also added 
to Sec. 111.60-1(a), refers to IEC 92-350.
    Although IEC 92-350 is referred to in IEC 92-353, the Coast Guard 
accepts only the 1988, amendment 1 (1994), edition of IEC 92-350. 
Therefore, IEC 92-350 is listed here and in Sec. 110.10-1(b) to let the 
user know which revision of the standard we recognize.
    3. Seven comments disagreed with adding IEC 92-350 and IEC 92-353 
to Secs. 111.60-1 and 111.60-3. The reason most stated for this 
disagreement was that the thickness of the insulation of the IEC cable 
is less than the thickness of cable insulation under IEEE Std 45, 1983.
    We agree that the IEC cable does have thinner insulation and, 
because of this, we require the use of the derated ampacity and 
temperature table in IEC 92-352 for this cable. We have added this 
requirement for all cable constructed to IEC 93-353 and have added 
``IEC 92-353'' to Secs. 111.60-3(c).
    4. Fourteen comments commended the Coast Guard's initiative in 
adding UL Std 1309 (1995) to Secs. 111.60-1(a) and 111.60-3(a).
    5. Five comments stated that cable constructed to UL 1309 provides 
for third-party testing of the cable. UL Std 1309 (1995), in itself, 
does not require or guarantee third-party testing (listing by UL). It 
is a construction standard to which a manufacturer may self-certify its 
cable. The manufacturer may then label the cable as meeting UL Std 1309 
(1995), section 5(f). Third-party verification would be initiated if 
the cable manufacturer requests that the testing of the cable to UL Std 
1309 (1995) be performed by an independent laboratory.
    6. Three comments recommended that UL Std 1309 (1995) not be used 
in the electrical cable regulations, because they believe the standard 
is not an industry consensus standard.
    UL standards are widely recognized throughout the maritime industry 
on an international level.
    7. Six comments requested that the Coast Guard identify only one 
standard in Sec. 111.60-1(a) and (b) for the flammability requirements 
for marine shipboard electrical cable.
    The current flammability standards are equivalent to one another. 
This allows manufacturers the flexibility to test their cables to one 
of the flammability standards in Sec. 111.60-1(a) or (b).
    8. Two comments stated that the low smoke zero halogen cable 
referred to in IEC 92-353 could not meet the flammability standards in 
IEC 332-3, as required by Sec. 111.60-1(b).
    In response to these comments, all cable must meet the flammability 
requirements of Sec. 111.60-1(a) or (b).
    9. Three commenters were concerned that the temperature ratings for 
Type T/N cable would be changed.
    Before this rulemaking, the Coast Guard accepted, based on an 
equivalency determination, Type T/N cable that carried a rating of 75 
deg.C or 90  deg.C. Both of these ratings for Type T/N cable are listed 
in UL 1309. Therefore, ratings for these cables are not affected by 
this rulemaking.
    10. Two comments noted that, though we now allow, in Sec. 111.60-
1(a), the use of cable meeting UL Std 1309 or IEC 92-350, we do not 
have installation requirements for those cables.
    Section 111.60-5(a) states that each cable installation must meet 
(1) IEEE Std 45 sections 20 (except 20.11) and 22; or (2) IEC 92-3 and 
paragraph 8 of IEC 352.
Section 111.60-3
    11. Six comments pointed out that Type T/N cable can not meet the 
application standards listed in UL Std 1309 (1995), as proposed in 
Sec. 111.60-3(b), because that standard is a construction and testing 
standard.
    We agree with these comments and will not make the proposed change 
to 46 CFR 111.60-3(b). For application purposes, Type T/N cable must 
meet the section 19 of IEEE Std 45, 1983, for Type T insulation.

Incorporation by Reference

    The Director of the Federal Register has approved the material in 
Sec. 110.10-1(b) for incorporation by reference under 5 U.S.C. 552 and 
1 CFR part 51. Copies of the material are also available from the 
sources listed in that section.

Regulatory Evaluation

    This 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 rule to be so minimal that 
a full Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT is unnecessary.
    The rule is intended to provide a greater choice in the type of 
shipboard cable by allowing the use of cable made to standards other 
than those specified in the current regulations. This will increase the 
number of choices for vessel owners without increasing costs. In 
addition, it will benefit vessel owners by enhancing competition within 
the cable industry.
    We received three comments indicating that the proposed rule would 
significantly increase the cost of doing business for U.S. cable 
manufacturers. The comments expressed concern that foreign cable would 
be more cost

[[Page 29910]]

advantageous for shipyards and installers.
    This rule is intended to harmonize the Coast Guard's cable 
requirements with those of classification societies and international 
performance-based standards. It does not add additional requirements 
for U.S. cable manufacturers nor restrict them from also manufacturing 
cable to the newly added standards. The cable currently produced by 
U.S. manufacturers that meets the other standards listed in 
Secs. 111.60-1(a) (i.e., IEEE Std 45, IEC 92-3, MIL-C-24640A, or MIL-C-
24643A) will still be acceptable for shipboard use. Consequently, we 
disagree that this rule will increase the costs of doing business for 
U.S. cable manufacturers. However, this rule does add alternatives to 
the existing standards that will be accepted. End users will gain 
flexibility from having more purchasing options. If end users, such as 
small businesses, are able to save money from having additional options 
due to increased competition, the cost savings to them would be 
considered an economic benefit of this rulemaking.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule will 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 this rule. Therefore, the Coast 
Guard certifies under 5 U.S.C. 605(b) that this final rule will not 
have a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This rule calls 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 rule under Executive Order 13132, Federalism. 
This rule amends the regulations on vessel design and construction. In 
particular, it provides vessel owners with additional options in the 
choice of cable used on their vessels.
    It is well settled that States may not regulate in categories 
reserved for regulation by the Coast Guard. It is also well settled 
that all of the categories covered in 46 U.S.C. 3306, 3703(a), 7101, 
and 8101 (design, construction, alteration, repair, maintenance, 
operation, equipping, personnel qualification, and manning of vessels), 
as well as casualty reporting and other categories where Congress has 
intended the Coast Guard to be the sole source of a vessel's 
obligations, are within the field foreclosed from State regulation. 
(See the decision of the Supreme Court in the consolidated cases of 
United States v. Locke and Intertanko v. Locke, 529 U.S. 89, 120 S. Ct. 
1135 (March 6, 2000).)
    This entire rule falls into the field encompassed by 46 USC 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) 
requires Federal agencies to assess the effects of their regulatory 
actions not specifically required by law. In particular, the Act 
addresses actions that may result in the expenditure by a State, local, 
or tribal government, in the aggregate, or by the private sector of 
$100,000,000 or more in any one year. Though this rule will not result 
in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

    We have analyzed this rule under Executive Order 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.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments. 
Rules with tribal implications have substantial direct effects on one 
or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Environment

    We have considered the environmental impact of this 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.

List of Subjects

46 CFR Part 110

    Incorporation by reference, Reporting and recordkeeping 
requirements, Vessels.

46 CFR Part 111

    Incorporation by reference, Vessels.

    For the reasons discussed in the preamble, the Coast Guard amends 
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, 3307, 
3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 
1.45, 1.46; Sec. 110.01-2 also issued under 44 U.S.C. 3507.


    2. In Sec. 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:


Sec. 110.10-1  Incorporation by reference.

* * * * *
    (b) * * *
* * * * *
    International Electrotechnical Commission (IEC) 3, rue de Varembe, 
Geneva, Switzerland. (Also available from ANSI--address above.)
* * * * *
    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

[[Page 29911]]

Non-radial Field Power Cables with Extruded Solid Insulation for Rated 
Voltages 1 kV and 3 kV, Second edition, 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 Cable, First edition, July 
14, 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 Sec. 111.60-1, revise paragraphs (a) and (b) and the 
introductory text of paragraph (c) to read as follows:


Sec. 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 
(incorporated by reference, see Sec. 110.10-1 of this chapter), and the 
respective flammability tests 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 Sec. 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. If meeting the requirements for polyvinyl chloride 
insulated cable in IEEE Std 45, section 18, the following exceptions 
apply--
* * * * *

    5. In Sec. 111.60-3, revise paragraphs (a) and (c) to read as 
follows:


Sec. 111.60-3  Cable application.

    (a) Cable constructed according to IEEE Std 45 must meet the cable 
application provisions of section 19 of IEEE Std 45. Cable constructed 
according to 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 according to IEC 92-3 and IEC 92-353 must comply with the 
ampacity values of IEC 92-352, Table 1.
* * * * *
    (c) Cable constructed according to IEEE Std 45 must be derated 
according to Table A6, Note 6, of IEEE Std 45. Cable constructed 
according to IEC 92-3 or IEC 92-353 must be derated according to IEC 
92-352, paragraph 8. MIL-C-24640A and MIL-C-24643A cable must be 
derated according to MIL-HDBK-299(SH).

    Dated: March 30, 2001.
R.C. North,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety 
and Environmental Protection.
[FR Doc. 01-13706 Filed 6-1-01; 8:45 am]
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