[Federal Register Volume 63, Number 131 (Thursday, July 9, 1998)]
[Rules and Regulations]
[Pages 37066-37068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18089]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Part 250

RIN 1010-AC46


Update of Documents Incorporated by Reference

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Final rule.

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SUMMARY: MMS is updating two documents incorporated by reference in 
regulations governing oil, gas, and sulphur operations in the Outer 
Continental Shelf (OCS). The two new editions will continue to ensure 
that lessees use the best available and safest technologies while 
operating in the OCS. This rule is also necessary because the 
previously referenced documents are no longer available. The updated 
documents are the sixth edition of the American Petroleum Institute's 
(API) Recommended Practice for Analysis, Design, Installation and 
Testing of Basic Surface Safety Systems for Offshore Production 
Platforms and the second edition of API's Manual of Petroleum 
Measurement Standards, Chapter 14, Section 8, Liquefied Petroleum Gas 
Measurement.

DATES: This rule is effective August 10, 1998. The incorporation by 
reference of publications listed in the regulation is approved by the 
Director of the Federal Register as of August 10, 1998.

FOR FURTHER INFORMATION CONTACT: Bill Hauser, Engineering and Research 
Branch, at (703) 787-1613.

SUPPLEMENTARY INFORMATION: MMS uses standards, specifications, and 
recommended practices developed by standard-setting organizations and 
the oil and gas industry as a means of establishing requirements for 
activities in the OCS. This practice, known as incorporation by 
reference, allows MMS to incorporate the requirements of technical 
documents into the regulations without increasing the volume of the 
Code of Federal Regulations (CFR). MMS currently incorporates by 
reference 83 documents into the offshore operating regulations.
    The regulations found at 1 CFR part 51 govern how MMS and other 
Federal agencies incorporate various documents by reference. Agencies 
can only incorporate by reference through publication in the Federal 
Register. Agencies must also gain approval from the Director of the 
Federal Register for each publication incorporated by reference. 
Incorporation by reference of a document or publication is limited to 
the edition of the document or publication cited in the regulations. 
This means that newer editions, amendments, or revisions to documents 
already incorporated by reference in regulations are not part of MMS's 
regulations.
    This rule updates the following two documents that are currently 
incorporated by reference into MMS regulations:
     American Petroleum Institute's (API) Recommended Practice 
(RP) 14C, Recommended Practice for Analysis, Design, Installation and 
Testing of Basic Surface Safety Systems for Offshore Production 
Platforms, Sixth Edition, March 1998 and
     Manual of Petroleum Measurement Standards (MPMS), Chapter 
14, Section 8, Liquefied Petroleum Gas Measurement, Second Edition, 
July 1997.
    MMS has reviewed these documents and has determined that the new 
editions must be incorporated into regulations to ensure the use of the 
best and safest technologies. Our review shows that the changes between 
the old and new editions are minor and will not impose undue cost on 
the offshore oil and gas industry. In addition, the old editions are 
not readily available to the affected parties because they are out of 
publication.
    MMS is updating these documents via a final rule. The regulations 
found at 30 CFR 250.101(a)(2) allow updating documents without 
opportunity to comment when MMS determines that the revisions to a 
document result in safety improvements or represent new industry 
standard technology, and do not impose undue costs on the affected 
parties.
    A summary of MMS' review of the new documents is provided below:
    API RP 14C, Recommended Practice for Analysis, Design, Installation 
and Testing of Basic Surface Safety Systems for Offshore Production 
Platforms, Sixth Edition, March 1998.
    This edition is an improvement over the fifth edition, which MMS 
chose not to incorporate into the regulations. MMS believed that the 
fifth edition contained errors, even after API issued an errata sheet 
to correct several errors. The sixth edition represents current 
technology and is a good replacement for the currently incorporated 
fourth edition, which was issued in September 1986. Furthermore, the 
fourth edition is no longer available from API.
    Technical changes from the fourth edition include: (1) guidelines 
on procedures and location of detectors for platforms that process 
toxic

[[Page 37067]]

hydrocarbons; (2) update of industry codes, standards, and recommended 
practices; (3) a discussion of hot surface protection and hot equipment 
shielding; (4) expansion and clarification of safety analysis tables; 
and (5) general technical updates to reflect changes in technology and 
production processes.
    MPMS, Chapter 14, Section 8, Liquefied Petroleum Gas Measurement, 
Second Edition, July 1997.
    This edition replaces the first edition which was issued in 
February 1983 and reaffirmed in May 1996. The changes between the two 
editions are minor.
    In addition to updating the two documents, this rule also removes 
one document from incorporation by reference. It is API Spec 14D, 
Specification for Wellhead Surface Safety Valves and Underwater Safety 
Valves for Offshore Service, Ninth Edition, June 1, 1994, with Errata 
dated August 1, 1994. The specifications contained in API Spec 14D are 
now covered in API Spec 6A, Specification for Wellhead and Christmas 
Tree Equipment, and API Spec 6AV1, Specification for Verification Test 
of Wellhead Surface Safety Valves and Underwater Safety Valves for 
Offshore Service. These two documents are already incorporated by 
reference into our regulations.
    As part of this rulemaking, MMS considered incorporating by 
reference the second edition of API RP 500, Recommended Practice for 
Classification of Locations for Electrical Installations at Petroleum 
Facilities Classified as Class 1, Division 1 and Division 2 into our 
regulations. Upon review of this document, we decided that the second 
edition was significantly different than the currently incorporated 
first edition of API RP 500. Differences between the two editions 
center on the use of combustible gas detector systems in classified 
locations. MMS is in the process of evaluating these differences and 
will take appropriate steps.
    MMS is also investigating the incorporation of the first edition of 
API RP 505, Recommended Practice for Classification of Locations for 
Electrical Installations at Petroleum Facilities Classified as Class 1, 
Zone 0, Zone 1, and Zone 2 into our regulations. API recently released 
this document and it contains guidance on classifying locations in 
accordance with international concepts of zones versus API RP 500's use 
of divisions. MMS will be requesting public comment on the possible 
incorporation of this document.

Procedural Matters

    This is a very simple rule. The rule's purpose is to update two 
documents that are currently incorporated by reference in the 
regulations. The differences between the newer documents and the older 
documents are very minor. If the differences were not minor, MMS could 
not update these documents via a final rule. The minor differences 
between the newer and older documents will not cause a significant 
economic effect on any entity (small or large). Therefore, this 
regulation's impact on the entire industry is minor.

Federalism (Executive Order (E.O.) 12612)

    In accordance with E.O. 12612, the rule does not have significant 
Federalism implications. A Federalism assessment is not required.

Takings Implications Assessment (E.O. 12630)

    In accordance with E.O. 12630, the rule does not have significant 
Takings Implications. A Takings Implication Assessment is not required.

Regulatory Planning and Review (E.O. 12866)

    This document is not a significant rule and is not subject to 
review by the Office of Management and Budget (OMB) under E.O. 12866. 
This rule will not have an effect of $100 million or more on the 
economy. It will not adversely affect in a material way the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or communities. This 
rule will not create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency. This rule does not 
alter the budgetary effects or entitlements, grants, user fees, or loan 
programs or the rights or obligations of their recipients. This rule 
does not raise novel legal or policy issues.

Clarity of This Regulation

    E.O. 12866 requires each agency to write regulations that are easy 
to understand. We invite your comments on how to make this proposed 
rule easier to understand, including answers to questions such as the 
following: (1) Are the requirements in the rule clearly stated? (2) 
Does the rule contain technical language or jargon that interferes with 
its clarity? (3) Does the format of the rule (grouping and order of 
sections, use of headings, paragraphing, etc.) aid or reduce its 
clarity? (4) Would the rule be easier to understand if it were divided 
into more (but shorter) sections? (5) Is the description of the rule in 
the ``Supplementary Information'' section of this preamble helpful in 
understanding the rule?
    What else could we do to make the rule easier to understand?
    Send a copy of any comments that concern how we could make this 
rule easier to understand to: Office of Regulatory Affairs, Department 
of the Interior, Room 7229, 1849 C Street, N.W., Washington, D.C. 
20240. You may also e-mail the comments to this address: 
E[email protected].

Civil Justice Reform (E.O. 12988)

    In accordance with E.O. 12988, the Office of the Solicitor has 
determined that this rule does not unduly burden the judicial system 
and meets the requirements of sections 3(a) and 3(b)(2) of the Order.

National Environmental Policy Act (NEPA) of 1969

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the NEPA of 1969 is not required.

Paperwork Reduction Act (PRA) of 1995

    Department of the Interior (DOI) has determined that this 
regulation does not contain information collection requirements 
pursuant to PRA (44 U.S.C. 3501 et seq.). We will not be submitting an 
information collection request to OMB.

Regulatory Flexibility Act

    DOI certifies that this document will not have a significant 
economic effect on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). In general, the 
entities that engage in offshore activities are not considered small 
due to the technical and financial resources and experience necessary 
to safely conduct such activities. DOI also determined that the 
indirect effects of this rule on small entities that provide support 
for offshore activities are small (in effect zero).
    Your comments are important. The Small Business and Agriculture 
Regulatory Enforcement Ombudsman and 10 Regional Fairness Boards were 
established to receive comments from small business about Federal 
agency enforcement actions. The Ombudsman will annually evaluate the 
enforcement activities and rate each agency's responsiveness to small 
business. If you wish to comment on the enforcement actions of MMS, 
call toll-free (888) 734-3247.

[[Page 37068]]

Small Business Regulatory Enforcement Fairness ACT (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), SBREFA. This 
rule:
    a. Does not have an annual effect on the economy of $100 million or 
more.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act of 1995

    DOI has determined and certifies according to the Unfunded Mandates 
Reform Act, 2 U.S.C. 1502 et seq., that this rule will not impose a 
cost of $100 million or more in any year on State, local, and tribal 
governments, or the private sector.

List of Subjects in 30 CFR Part 250

    Continental shelf, Environmental impact statements, Environmental 
protection, Government contracts, Incorporation by reference, 
Investigations, Mineral royalties, Oil and gas development and 
production, Oil and gas exploration, Oil and gas reserves, Penalties, 
Pipelines, Public lands--mineral resources, Public lands--rights-of-
way, Reporting and recordkeeping requirements, Sulphur development and 
production, Sulphur exploration, Surety bonds.

    Dated: June 19, 1998.
Bob Armstrong,
Assistant Secretary, Land and Minerals Management.

    For the reasons stated in the preamble, Minerals Management Service 
(MMS) amends 30 CFR part 250 as follows:

PART 250--OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER 
CONTINENTAL SHELF

    1. The authority citation for part 250 continues to read as 
follows:

    Authority: 43 U.S.C. 1334.

    2. In Sec. 250.101, the following documents incorporated by 
reference in Table 1 in paragraph (e) are revised to read as follows:


Sec. 250.101  Documents incorporated by reference.

* * * * *
    (e) * * *

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           Title of documents              Incorporated by reference at 
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API RP 14C, Recommended Practice for     Sec.  250.802(b), (e)(2); Sec. 
 Analysis, Design, Installation and       250.803(a), (b)(2)(i), (b)(4),
 Testing of Basic Surface Safety          (b)(5)(i), (b)(7), (b)(9)(v), 
 Systems for Offshore Production          (c)(2); Sec.  250.804(a),     
 Platforms, Sixth Edition, March 1998,    (a)(5); Sec.  250.1002(d);    
 API Stock No. G14C06.                    Sec.  250.1004(b)(9); Sec.    
                                          250.1628(c), (d)(2); Sec.     
                                          250.1629(b)(2), (b)(4)(v);    
                                          Sec.  250.1630(a).            
MPMS, Chapter 14, Section 8, Liquefied   Sec.  250.1203(b)(2).          
 Petroleum Gas Measurement, Second                                      
 Edition, July 1997, API Stock No.                                      
 H14082.                                                                
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* * * * *
    3. In Sec. 250.101, the following document in Table 1 in paragraph 
(e) is removed.


Sec. 250.101  Documents incorporated by reference.

* * * * *
    (e) * * *

                                                                        
                                                                        
                                                                        
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API Spec 14D, Specification for          Sec.  250.806(a)(3).           
 Wellhead Surface Safety Valves and                                     
 Underwater Safety Valves for Offshore                                  
 Service, Ninth Edition, June 1, 1994,                                  
 with Errata dated August 1, 1994.                                      
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* * * * *
    4. In Sec. 250.806, paragraph (a)(3) is revised to read as follows:


Sec. 250.806  Safety and pollution prevention equipment quality 
assurance requirements.

    (a) * * *
    (3) All SSV's and USV's must meet the technical specifications of 
API Spec 6A and 6AV1. All SSSV's must meet the technical specifications 
of API Spec 14A.
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[FR Doc. 98-18089 Filed 7-8-98; 8:45 am]
BILLING CODE 4310-MR-P