29908 Federal Register / Vol. 66, No. 107 / Monday, June 4, 2001 / Rules and Regulations
51′W, about 1000 yards east of Jefferson DEPARTMENT OF TRANSPORTATION published on June 5, 2000 (65 FR Beach Marina on June 28, 2001, from 35600). On June 26, 2000, we published 9:30 p.m. to 10:30 p.m. Coast Guard a correction to the notice (65 FR 39334). (3) St. Clair Shores Fireworks, St. Clair On July 27, 2000, we published a notice 46 CFR Parts 110 and 111 Shores, MI. Location: All waters of Lake to reopen the comment period (65 FR 46143). St. Clair within a 300-yard radius of the [USCG–1999–6096] fireworks barge in approximate position RIN 2115–AF89 Background and Purpose ° ′ ° ′ 42 32 N, 082 51 W, about 1000 yards Since the last revision of our electrical east of Veterans Memorial Park (off Marine Shipboard Electrical Cable engineering regulations in 46 CFR Masonic Rd.), St. Clair Shores, MI on Standards chapter I, subchapter J, (62 FR 23894, June 29, 2001, from 10 p.m. to 10:30 AGENCY: Coast Guard, DOT. May 1, 1997), we have received a p.m. ACTION: Final rule. number of letters concerning the (4) City of Wyandotte Fireworks, construction requirements in 46 CFR Wyandotte, MI. Location: The waters off SUMMARY: The Coast Guard amends its 111.60–1 and 111.60–3 for cable used the breakwall between Oak & Van electrical engineering regulations for on merchant vessels. Sections 111.60–1 Alstyne St., Detroit River bounded by merchant vessels by adding alternate and 111.60–3 allow the use of cables the arc of a circle with a 300-yard radius cable standards that are equivalent to meeting certain industry standards with its center in approximate position the existing standards. Our purpose is to listed in those sections. The letters 42° 12′N, 083° 09′W on June 29, 2001 revise requirements that create an suggest that there are other cable from 9:15 p.m. to 10:15 p.m. unwarranted difference between standards beside those listed in the two domestic rules and international sections that would provide a level of (5) Grosse Pointe Farms Fireworks, standards for marine cable. performance and safety equivalent to Grosse Pointe Farms, MI. Location: All DATES: the listed standards. The Coast Guard waters of Lake St. Clair within a 300- This final rule is effective July 5, 2001. The incorporation by reference of completed equivalency determinations yard radius of the fireworks barge in certain publications listed in the rule is on UL 1309 (1995); IEC 92–350, 1988, approximate position 42° 23′N, 082° approved by the Director of the Federal amendment 1 (1994); and IEC 92–353 52′W, about 300 yards east of Grosse Register as of July 5, 2001. (1995–01) and found them to be Pointe Farms on June 30, 2001 from 9:30 equivalent. ADDRESSES: p.m. to 10:30 p.m. Comments and material received from the public, as well as Discussion of Comments and Changes (6) Grosse Ile Yacht Club Fireworks, documents mentioned in this preamble Grosse Ile, MI. Location: The waters off The Coast Guard received 58 as being available in the docket, are part comments on the notice of proposed the Grosse Ile Yacht Club deck, Detroit of docket USCG–1999–6096 and are River bounded by the arc of a circle rulemaking (NPRM). Here, we discuss available for inspection or copying at first comments of a general nature, then with a 300-yard radius with its center the Docket Management Facility, U.S. comments relating to specific sections of approximately located at 42° 05′N, 083° Department of Transportation, room PL– the regulation. 09′W on June 30, 2001 from 9:45 p.m. 401, 400 Seventh Street SW., to 10:45 p.m. Washington, DC, between 9 a.m. and 5 I. General Comments (7) Sigma Gamma Assoc., Grosse p.m., Monday through Friday, except 1. Several commenters liked the Pointe Farms, MI. Location: The waters Federal holidays. You may also find this proposed changes to §§ 111.60–1 and off Ford’s Cove, Lake St. Clair bounded docket on the Internet at http:// 111.60–3. They agreed that the changes dms.dot.gov. by the arc of a circle with a 300-yard offered the entire maritime industry radius with its center in approximate FOR FURTHER INFORMATION CONTACT: If more flexibility and increased the position 42° 27′N, 082° 52′W on June 25, you have questions on this rule, call clarity of the regulations without 2001 from 9 p.m. to 10 p.m. Dolores Mercier, Project Manager, Office compromising performance or safety. A of Design and Engineering Standards number of comments commended the In order to ensure the safety of (G–MSE), Coast Guard, telephone 202– Coast Guard’s effort to enhance its spectators and transiting vessels, these 267–0658. If you have questions on marine shipboard electrical cable safety zones will be in effect for the viewing the docket, call Dorothy Beard, regulation and incorporate industry duration of the events. Vessels may not Chief, Dockets, Department of standards, both domestic and enter the safety zones without Transportation, telephone 202–366– international. permission from Captain of the Port 5149. 2. Eight comments recommended that Detroit. If you would like permission, SUPPLEMENTARY INFORMATION: the Coast Guard use the new IEC contact the person listed in FOR FURTHER numbering system for its references to INFORMATION CONTACT. Spectator vessels Regulatory History any IEC standard. may anchor outside the safety zones but On February 8, 2000, we published a The Coast Guard agrees with these are cautioned not to block a navigable notice of proposed rulemaking (NPRM) comments and will change them channel. entitled ‘‘Marine Shipboard Electrical throughout 46 CFR as part of a separate Dated: May 25, 2001. Cable Standards’’ in the Federal rulemaking. S.P. Garrity, Register (65 FR 6111). Following 3. Six comments stated that the Coast Guard requires marine shipboard Commander, U.S. Coast Guard, Captain of publication of the NPRM, we received the Port Detroit. several requests to hold a public electrical cable to be certified by an independent laboratory. [FR Doc. 01–14091 Filed 6–1–01; 8:45 am] meeting. In response to these requests, we scheduled a public meeting for June The Coast Guard does not require BILLING CODE 4910–15–P 28, 2000. We notified the public of the third-party verification for marine meeting in a notice of public meeting shipboard electrical cable. The cable and reopening of comment period manufacturer may self-certify its cable
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to any of the cable standards listed in §§ 111.60–1 and 111.60–3. The reason ratings for these cables are not affected § 111.60–1(a). most stated for this disagreement was by this rulemaking. 4. Three comments suggested that the that the thickness of the insulation of 10. Two comments noted that, though Coast Guard list in 46 CFR all cable the IEC cable is less than the thickness we now allow, in § 111.60–1(a), the use types approved by the Coast Guard as of cable insulation under IEEE Std 45, of cable meeting UL Std 1309 or IEC 92– meeting a particular standard. 1983. 350, we do not have installation If the cable meets a standard accepted We agree that the IEC cable does have requirements for those cables. by the Coast Guard, the standard’s thinner insulation and, because of this, Section 111.60–5(a) states that each number (e.g., IEC 92–3) appears on the we require the use of the derated cable installation must meet (1) IEEE cable markings. Therefore, there is no ampacity and temperature table in IEC Std 45 sections 20 (except 20.11) and need to also list them in the regulations. 92–352 for this cable. We have added 22; or (2) IEC 92–3 and paragraph 8 of 5. Several comments recommended this requirement for all cable IEC 352. that the edition of IEEE Std 45 constructed to IEC 93–353 and have referenced in the existing regulations be added ‘‘IEC 92–353’’ to §§ 111.60–3(c). Section 111.60–3 changed from the 1983 edition to the 4. Fourteen comments commended 11. Six comments pointed out that 1998 edition. the Coast Guard’s initiative in adding Type T/N cable can not meet the As a separate project, we published a UL Std 1309 (1995) to §§ 111.60–1(a) application standards listed in UL Std request for comments on January 8, and 111.60–3(a). 1309 (1995), as proposed in § 111.60– 2001 (66 FR 1283), regarding this 5. Five comments stated that cable 3(b), because that standard is a specific recommendation, and we look constructed to UL 1309 provides for construction and testing standard. forward to receiving additional third-party testing of the cable. UL Std We agree with these comments and comments on this topic under that 1309 (1995), in itself, does not require will not make the proposed change to 46 notice. or guarantee third-party testing (listing CFR 111.60–3(b). For application 6. Eleven comments stated that IEC by UL). It is a construction standard to purposes, Type T/N cable must meet the 92–3 was an obsolete standard and which a manufacturer may self-certify section 19 of IEEE Std 45, 1983, for should not be referenced in 46 CFR its cable. The manufacturer may then Type T insulation. chapter I, subchapter J. label the cable as meeting UL Std 1309 The Coast Guard still recognizes IEC (1995), section 5(f). Third-party Incorporation by Reference 92–3 as an acceptable standard, verification would be initiated if the The Director of the Federal Register however it will be reviewed as part of cable manufacturer requests that the has approved the material in § 110.10– a future rulemaking. testing of the cable to UL Std 1309 1(b) for incorporation by reference 7. Two comments asked whether (1995) be performed by an independent under 5 U.S.C. 552 and 1 CFR part 51. NVIC 2–89, Guide for Electrical laboratory. Copies of the material are also available Installation on Merchant Vessels and 6. Three comments recommended that from the sources listed in that section. Mobile Offshore Drilling Units, will still UL Std 1309 (1995) not be used in the be valid with the incorporation of UL electrical cable regulations, because Regulatory Evaluation 1309 in §§ 111.60–1 and 111.60–3. they believe the standard is not an This rule is not a ‘‘significant NVIC 2–89 is not affected by this industry consensus standard. regulatory action’’ under section 3(f) of UL standards are widely recognized rulemaking. Executive Order 12866 and does not throughout the maritime industry on an require an assessment of potential costs II. Comments on Specific Sections international level. and benefits under section 6(a)(3) of that 7. Six comments requested that the Section 111.60–1 Order. The Office of Management and Coast Guard identify only one standard Budget has not reviewed it under that 1. Six comments agreed with adding in § 111.60–1(a) and (b) for the Order. It is not ‘‘significant’’ under the IEC 92–350 and IEC 92–353 to flammability requirements for marine regulatory policies and procedures of §§ 111.60–1(a) and 111.60–3. These shipboard electrical cable. comments agree that the current marine The current flammability standards the Department of Transportation (DOT) shipboard cable regulations create an are equivalent to one another. This (44 FR 11040, February 26, 1979). We unwarranted differential between allows manufacturers the flexibility to expect the economic impact of this rule domestic rules and international test their cables to one of the to be so minimal that a full Regulatory standards. Some comments also pointed flammability standards in § 111.60–1(a) Evaluation under paragraph 10e of the out that classification societies, such as or (b). regulatory policies and procedures of American Bureau of Shipping (ABS) 8. Two comments stated that the low DOT is unnecessary. and Det Norske Veritas (DNV), accept smoke zero halogen cable referred to in The rule is intended to provide a IEC standards in their regulations. IEC 92–353 could not meet the greater choice in the type of shipboard 2. Three comments recommended that flammability standards in IEC 332–3, as cable by allowing the use of cable made IEC 92–350 not be added to § 111.60– required by § 111.60–1(b). to standards other than those specified 1(a), as proposed, because IEC 92–353, In response to these comments, all in the current regulations. This will which is also added to § 111.60–1(a), cable must meet the flammability increase the number of choices for refers to IEC 92–350. requirements of § 111.60–1(a) or (b). vessel owners without increasing costs. Although IEC 92–350 is referred to in 9. Three commenters were concerned In addition, it will benefit vessel owners IEC 92–353, the Coast Guard accepts that the temperature ratings for Type T/ by enhancing competition within the only the 1988, amendment 1 (1994), N cable would be changed. cable industry. edition of IEC 92–350. Therefore, IEC Before this rulemaking, the Coast We received three comments 92–350 is listed here and in § 110.10– Guard accepted, based on an indicating that the proposed rule would 1(b) to let the user know which revision equivalency determination, Type T/N significantly increase the cost of doing of the standard we recognize. cable that carried a rating of 75 °C or 90 business for U.S. cable manufacturers. 3. Seven comments disagreed with °C. Both of these ratings for Type T/N The comments expressed concern that adding IEC 92–350 and IEC 92–353 to cable are listed in UL 1309. Therefore, foreign cable would be more cost
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advantageous for shipyards and covered in 46 U.S.C. 3306, 3703(a), with tribal implications have substantial installers. 7101, and 8101 (design, construction, direct effects on one or more Indian This rule is intended to harmonize the alteration, repair, maintenance, tribes, on the relationship between the Coast Guard’s cable requirements with operation, equipping, personnel Federal Government and Indian tribes, those of classification societies and qualification, and manning of vessels), or on the distribution of power and international performance-based as well as casualty reporting and other responsibilities between the Federal standards. It does not add additional categories where Congress has intended Government and Indian tribes. requirements for U.S. cable the Coast Guard to be the sole source of Environment manufacturers nor restrict them from a vessel’s obligations, are within the also manufacturing cable to the newly field foreclosed from State regulation. We have considered the added standards. The cable currently (See the decision of the Supreme Court environmental impact of this rule and produced by U.S. manufacturers that in the consolidated cases of United concluded that, under figure 2–1, meets the other standards listed in States v. Locke and Intertanko v. Locke, paragraphs (34)(d) and (e), of §§ 111.60–1(a) (i.e., IEEE Std 45, IEC 92– 529 U.S. 89, 120 S. Ct. 1135 (March 6, Commandant Instruction M16475.1C, 3, MIL–C–24640A, or MIL–C–24643A) 2000).) this rule is categorically excluded from will still be acceptable for shipboard This entire rule falls into the field further environmental documentation. use. Consequently, we disagree that this encompassed by 46 USC 3306 and This rule concerns the equipping of, and rule will increase the costs of doing 3703(a), where, by operation of law, carriage requirements for, vessels. A business for U.S. cable manufacturers. State regulation is precluded. For this ‘‘Categorical Exclusion Determination’’ However, this rule does add alternatives reason, consultation under section 6 of is available in the docket where to the existing standards that will be the Executive Order would not be indicated under ADDRESSES. accepted. End users will gain flexibility meaningful and, therefore, is List of Subjects from having more purchasing options. If unnecessary. end users, such as small businesses, are 46 CFR Part 110 Unfunded Mandates Reform Act able to save money from having Incorporation by reference, Reporting additional options due to increased The Unfunded Mandates Reform Act and recordkeeping requirements, competition, the cost savings to them of 1995 (2 U.S.C. 1531–1538) requires Vessels. would be considered an economic Federal agencies to assess the effects of benefit of this rulemaking. their regulatory actions not specifically 46 CFR Part 111 required by law. In particular, the Act Small Entities Incorporation by reference, Vessels. addresses actions that may result in the For the reasons discussed in the Under the Regulatory Flexibility Act expenditure by a State, local, or tribal preamble, the Coast Guard amends 46 (5 U.S.C. 601–612), we considered government, in the aggregate, or by the CFR parts 110 and 111 as follows: whether this rule will have a significant private sector of $100,000,000 or more economic impact on a substantial in any one year. Though this rule will PART 110—GENERAL PROVISIONS number of small entities. The term not result in such an expenditure, we do ‘‘small entities’’ comprises small discuss the effects of this rule elsewhere 1. The authority citation for part 110 businesses, not-for-profit organizations in this preamble. continues to read as follows: that are independently owned and Taking of Private Property Authority: 33 U.S.C. 1509; 43 U.S.C. 1333; operated and are not dominant in their 46 U.S.C. 3306, 3307, 3703; E.O. 12234, 45 fields, and governmental jurisdictions This rule will not effect a taking of FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR with populations of less than 50,000. private property or otherwise have 1.45, 1.46; § 110.01–2 also issued under 44 As discussed in the Regulatory taking implications under Executive U.S.C. 3507. Evaluation section of this preamble, Order 12630, Governmental Actions and 2. In § 110.10–1(b), in the entries for there are no costs associated with this Interference with Constitutionally ‘‘International Electrotechnical rule. Therefore, the Coast Guard certifies Protected Property Rights. Commission’’ and ‘‘Underwriters under 5 U.S.C. 605(b) that this final rule Civil Justice Reform Laboratories, Inc.,’’ revise the will not have a significant economic introductory text and add, in numerical This rule meets applicable standards impact on a substantial number of small order, new standards IEC 92–350, IEC in sections 3(a) and 3(b)(2) of Executive entities. 92–353, and UL 1309 to read as follows: Order 12988, Civil Justice Reform, to Collection of Information minimize litigation, eliminate § 110.10–1 Incorporation by reference. This rule calls for no new collection ambiguity, and reduce burden. * * * * * of information under the Paperwork Protection of Children (b) * * * Reduction Act of 1995 (44 U.S.C. 3501– * * * * * 3520). We have analyzed this rule under Executive Order 13045, Protection of International Electrotechnical Federalism Summary Impact Statement Children from Environmental Health Commission (IEC) 3, rue de Varembe, We have analyzed this rule under Risks and Safety Risks. This rule is not Geneva, Switzerland. (Also available Executive Order 13132, Federalism. an economically significant rule and from ANSI—address above.) This rule amends the regulations on does not concern an environmental risk * * * * * vessel design and construction. In to health or risk to safety that may IEC 92–350, Electrical Installations in particular, it provides vessel owners disproportionately affect children. Ships, Part 350: Low-Voltage Shipboard with additional options in the choice of Power Cables—General Construction cable used on their vessels. Indian Tribal Governments and Test Requirements, 1988, It is well settled that States may not This rule does not have tribal Amendment 1 (1994) .111.60–1 regulate in categories reserved for implications under Executive Order * * * * * regulation by the Coast Guard. It is also 13175, Consultation and Coordination IEC 92–353, Electrical Installations in well settled that all of the categories with Indian Tribal Governments. Rules Ships, Part 353: Single and Multicore
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Non-radial Field Power Cables with 19.6.4, and 19.8. Cable constructed FOR FURTHER INFORMATION CONTACT: Extruded Solid Insulation for Rated according to IEC 92–3 and IEC 92–353 Wilbert E. Nixon, Jr., Wireless Voltages 1 kV and 3 kV, Second edition, must comply with the ampacity values Telecommunications Bureau, at (202) 1995–01—111.60–1, 111.60–3 of IEC 92–352, Table 1. 418–7240. * * * * * * * * * * SUPPLEMENTARY INFORMATION: This is a Underwriters Laboratories, Inc. (UL) (c) Cable constructed according to summary of the Federal 12 Laboratory Drive, Research Triangle IEEE Std 45 must be derated according Communications Commission’s Third Park, NC 27709–3995. to Table A6, Note 6, of IEEE Std 45. Report and Order and Order On * * * * * Cable constructed according to IEC 92– Reconsideration, FCC 01–135, in GEN UL 1309, Standard for Marine 3 or IEC 92–353 must be derated Docket No. 90–314, ET Docket No. 92– Shipboard Cable, First edition, July 14, according to IEC 92–352, paragraph 8. 100 and PP Docket No. 93–253, adopted 1995—111.60–1, 111.60–3 MIL–C–24640A and MIL–C–24643A on April 19, 2001 and released on May * * * * * cable must be derated according to MIL– 3, 2001. The full text of this Third HDBK–299(SH). Report and Order and Order On PART 111—ELECTRIC SYSTEMS— Dated: March 30, 2001. Reconsideration is available for inspection and copying during normal GENERAL REQUIREMENTS R.C. North, business hours in the FCC Reference 3. The authority citation for part 111 Rear Admiral, U.S. Coast Guard, Assistant Center, Room CY–A257, 445 12th Street, continues to read as follows: Commandant for Marine Safety and Environmental Protection. SW., Washington, DC 20554. The complete text may be purchased from Authority: 46 U.S.C. 3306, 3703; 49 CFR [FR Doc. 01–13706 Filed 6–1–01; 8:45 am] 1.46. the Commission’s copy contractor, BILLING CODE 4910–15–P International Transcription Service, 4. In § 111.60–1, revise paragraphs (a) Inc., 1231 20th Street, NW., and (b) and the introductory text of Washington, DC 20037. The full text paragraph (c) to read as follows: FEDERAL COMMUNICATIONS may also be downloaded at: COMMISSION www.fcc.gov. Alternative formats are § 111.60–1 Cable construction and testing. available to persons with disabilities by (a) Each marine shipboard cable must 47 CFR Part 24 contacting Martha Contee at (202) 418– meet all of the construction and 0260 or TTY (202) 418–2555. identification requirements of either [GEN Docket No. 90–314, ET Docket No. IEEE Std 45, IEC 92–3, IEC 92–350, IEC 92–100 and PP Docket No. 93–253; FCC Synopsis of Third Report and Order on 01–135] 92–353, UL 1309, MIL–C–24640A, or Reconsideration MIL–C–24643A (incorporated by Amendment of the Commission’s I. Introduction reference, see § 110.10–1 of this Rules To Establish New Personal 1. In this order, we adopt further chapter), and the respective Communications Services, modifications to our existing flammability tests contained in them Narrowband PCS; Implementation of narrowband Personal Communications and be of a copper stranded type. Section 309(j) of the Communications Services (PCS) rules, in three major Note to Paragraph (a): MIL–C–915 cable is Act—-Competitive Bidding, respects. First, we will channelize and acceptable only for repairs and replacements Narrowband PCS license the one megahertz of in kind. MIL–C–915 cable is no longer narrowband PCS spectrum that has AGENCY: Federal Communications acceptable for alterations, modifications, heretofore been held in reserve. Second, conversions, or new construction. (See Commission. § 110.01–3 of this chapter). we will re-channelize 712.5 kilohertz of ACTION: Final rule. previously channelized spectrum for (b) Each cable constructed to IEC 92– which licenses have not been auctioned. SUMMARY: In this document, the Federal 3 or IEC 92–353 must meet the Third, we adopt a narrowband PCS flammability requirements of IEC 332–3, Communications Commissions (FCC) modifies existing narrowband Personal channel band plan that includes both Category A. nationwide and Major Trading Areas (c) Electrical cable that has a Communications Services (PCS) rules in three ways. With this document, the (MTA) licenses. In adopting these new polyvinyl chloride insulation with a rules, we also address the petitions for nylon jacket (Type T/N) must meet UL FCC channelizes and licenses the one megahertz of narrowband PCS spectrum reconsideration filed in response to the 1309 or must meet the requirements for Narrowband PCS Second R&O/Second polyvinyl chloride insulated cable in heretofore held in reserve, re- channelizes 712.5 kilohertz of Further Notice, (65 FR 35843–35901, section 18 of IEEE Std 45. If meeting the June 6, 2000). The action we take today requirements for polyvinyl chloride previously channelized spectrum for which licenses have not been auctioned, resolves the remaining issues insulated cable in IEEE Std 45, section concerning narrowband PCS in 18, the following exceptions apply— and adopts a narrowband PCS channel band plan that includes both preparation for auctioning licenses for * * * * * nationwide and Major Trading Areas the remaining narrowband PCS 5. In § 111.60–3, revise paragraphs (a) (MTA) licenses. The document also spectrum in the near future and (c) to read as follows: addresses the petitions for II. Discussion § 111.60–3 Cable application. reconsideration filed responding to the 2. In this order, we address in turn (1) (a) Cable constructed according to Narrowband PCS Second Report and the licensing of the reserve spectrum, (2) IEEE Std 45 must meet the cable Order/Second Further Notice. These the band plan for the reserve and other application provisions of section 19 of actions resolve remaining issues to remaining spectrum for which licenses IEEE Std 45. Cable constructed prepare for future license auctions, of have not been auctioned, including according to IEC 92–3, IEC 92–353, or the remaining narrowband PCS channel size and services area size for UL 1309 must meet the provisions of spectrum. all licenses and (3) eligibility section 19 of IEEE Std 45, except 19.6.1, DATES: Effective August 3, 2001. restrictions for response channels and
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