[Federal Register Volume 64, Number 53 (Friday, March 19, 1999)] [Proposed Rules] [Pages 13535-13538] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-6791] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Minerals Management Service 30 CFR Part 250 RIN 1010-AC55 Update of Documents Incorporated by Reference AGENCY: Minerals Management Service (MMS), Interior. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: MMS is proposing to update one document incorporated by reference and add one new document incorporated by reference in regulations governing oil and gas and sulphur operations in the Outer Continental Shelf (OCS). The new editions of these documents incorporated by reference will ensure that lessees use the best available and safest technologies while operating in the OCS. The proposed updated document is the Second Edition of the American Petroleum Institute's (API) Recommended Practice for Classification of Locations for Electrical Installations at Petroleum Facilities Classified as Class I, Division 1 and Division 2 (API RP 500). The proposed new document is the First Edition of the API's Recommended Practice for Classification of Locations for Electrical Installations at Petroleum Facilities Classified as Class I, Zone 0, Zone 1, and Zone 2 (API RP 505). DATES: We will consider all comments we receive by June 17, 1999. We will begin reviewing comments then and may not fully consider comments we receive after June 17, 1999. ADDRESSES: Mail or hand-carry comments (three copies) to the Department of the Interior; Minerals Management Service; Mail Stop 4024; 381 Elden Street; Herndon, Virginia 20170-4817; Attention: Rules Processing Team. The Rules Processing Team's e-mail address is: [email protected]. FOR FURTHER INFORMATION CONTACT: Joseph Levine, Chief, Operations Analysis Branch, at (703) 787-1032. SUPPLEMENTARY INFORMATION: We use standards, specifications, and recommended practices developed by standard-setting organizations and the oil and gas industry for establishing requirements for activities in the OCS. This practice, known as incorporation by reference, allows us to incorporate the requirements of technical documents into the regulations without increasing the volume of the Code of Federal Regulations (CFR). We currently incorporate by reference 82 documents into the offshore operating regulations. [[Page 13536]] The regulations found at 1 CFR part 51 govern how we 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 specific edition or specific edition and supplement or addendum cited in the regulations. This proposed rule will update the following document that is currently incorporated by reference into MMS regulations: API RP 500, First Edition, June 1, 1991, Recommended Practice for Classification of Locations for Electrical Installations at Petroleum Facilities. We have reviewed this document and have determined that the new edition must be incorporated into the regulations to ensure the use of the best and safest technologies. In our initial review, which was mentioned in a July 9, 1998, Federal Register rule (63 FR 37066), we believed the difference between the two editions to be significant. Further review shows that the changes between the old and new editions are minor, but new material and additional chapters have been included. In addition, the old document is not readily available to the affected parties because it is out of date. A summary of our review of the updated document is provided below: API RP 500, Recommended Practice for Classification of Locations for Electrical Installations at Petroleum Facilities Classified as Class I, Division 1 and Division 2, Second Edition, November 1997. In 1991, API merged its three area classification documents (RP 500A for refineries, RP 500B for production and drilling facilities, and RP 500C for transportation and pipeline facilities) into the first edition of RP 500. The second edition has been revised using an API standard editorial format. It includes a higher level of detail and some new material regarding area classification drawings and sketches. Numerous real- world examples that were not previously addressed in the earlier edition are added, including some U.S. Coast Guard-regulated offshore facilities, paint storage areas, locations containing batteries, and others. Additional chapters specific to offshore facilities such as tension leg platforms, mobile offshore drilling units, and floating production storage and offloading systems are included. The title of the document has been expanded to narrow the scope of the document to the traditional U.S.-style of location classification using Class and Division definitions. Reference to API RP 14C is also noted for offshore production and drilling operations. A summary of our review of the new document is provided below: API RP 505, Recommended Practice for Classification of Locations for Electrical Installations at Petroleum Facilities Classified as Class I, Zone 0, Zone 1, and Zone 2, First Edition, November 1997. 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. We are requesting public comment on the possible incorporation of this document into our regulations. The purpose of API RP 505 is not to replace API RP 500. Rather, incorporation of both documents into MMS regulations would allow the offshore structure to be designed and built, using either offshore electrical location classification method. Procedural Matters This is a very simple rule. The rule's purpose is to update one document that is currently incorporated by reference in the regulations and to add one additional document incorporated by reference. The differences between the newer document and the older document are very minor. The minor differences between the newer and older document will not cause a significant economic effect on any entity (small or large). Similarly, the addition of the new document, API RP 505, will not have a significant effect on any entity (small or large). Therefore, this regulation's impact on the entire industry is minor. Public Comment Procedure Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Individual respondents may request that we withhold their home address from the rulemaking record, which we will honor to the extent allowable by law. There may be circumstances in which we would withhold from the rulemaking record a respondent's identity, as allowable by the law. If you wish us to withhold your name and/or address, you must state this prominently at the beginning of your comment. However, we will not consider anonymous comments. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses available for public inspection in their entirety. Takings Implication Assessment (E.O. 12630) In accordance with E.O. 12630, this rule does not have significant Takings Implications. 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 under E.O. 12866. (1) 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. The rule would have no significant economic impact because the documents do not contain any significant revisions that will cause lessees or operators to change their business practices. The documents will not require the retrofitting of any facilities. The documents may lead to minor changes in operating practices, but the associated costs will be very minor. (2) This rule will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. (3) This rule does not alter the budgetary effects or entitlements, grants, user fees, or loan programs or the rights or obligations of their recipients. (4) 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 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: [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. [[Page 13537]] National Environmental Policy Act (NEPA) 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 There are no information collection requirements associated with this rule. Regulatory Flexibility Act The Department 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.). Incorporation of the new document into MMS regulations would allow the offshore structure to be designed and built using either offshore electrical location classification method. Thus, incorporation of the new document will not impose new cost on the offshore oil and gas industry and may provide beneficial flexibility. The Department 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. 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. The proposed rule will not cause any significant costs to lessees or operators. The only costs will be the purchase of the new documents and minor revisions to some operating procedures. The minor revisions to operating procedures may result in some minor costs or may actually result in minor costs savings. (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 This rule does not impose an unfunded mandate on State, local, and tribal governments or the private sector of more than $100 million per year. The rule does not have a significant or unique effect on State, local, or tribal governments or the private sector. A statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required. 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: March 8, 1999. Sylvia V. Baca, Acting Assistant Secretary, Land and Minerals Management. For the reasons stated in the preamble, Minerals Management Service (MMS) proposes to amend 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 document incorporated by reference in Table 1 in paragraph (e) is revised to read as follows: Sec. 250.101 Documents incorporated by reference. * * * * * (e) * * * ------------------------------------------------------------------------ Incorporated by reference Title of document at ------------------------------------------------------------------------ API RP 500, Recommended Practice for Sec. 250.403(b); Sec. Classification of Locations for Electrical 250.802(e)(4)(i); Sec. Installations at Petroleum Facilities 250.803 (b)(9)(i); Sec. Classified as Class I, Division 1 and 250.1628(b)(3); Division 2, Second Edition, November 1997, (d)(4)(i); Sec. API Stock No. C50002. 250.1629(b)(4)(i). ------------------------------------------------------------------------ 3. In Sec. 250.101, the following document incorporated by reference is added to Table 1 in paragraph (e) in alphanumerical order. Sec. 250.101 Documents incorporated by reference. * * * * * * * (e) * * * ------------------------------------------------------------------------ Incorporated by reference Title of document at ------------------------------------------------------------------------ API RP 505, Recommended Practice for Sec. 250.403(b); Sec. Classification of Locations for Electrical 250.802(e)(4)(i); Sec. Installations at Petroleum Facilities 250.803 (b)(9)(i); Sec. Classified as Class I, Zone 0, Zone 1, and 250.1628(b)(3); Zone 2, First Edition, November 1997, API (d)(4)(i); Sec. Stock No. C50501. 250.1629(b)(4)(i). ------------------------------------------------------------------------ * * * * * 4. In Sec. 250.403, paragraph (b) is revised to read as follows: Sec. 250.403 Electrical equipment. * * * * * (b) All areas must be classified in accordance with API RP 500, Recommended Practice for Classification of Locations for Electrical Installations at Petroleum Facilities Classified as Class I, Division 1 and Division 2, or API RP 505, Recommended Practice for Classification of Locations for Electrical Installations at Petroleum Facilities [[Page 13538]] Classified as Class I, Zone 0, Zone 1, and Zone 2. * * * * * 5. In Sec. 250.802, paragraph (e)(4)(i) introductory text is revised to read as follows: Sec. 250.802 Design, installation, and operation of surface production-safety systems. * * * * * (e) * * * (4) * * * (i) A plan for each platform deck outlining all hazardous areas classified in accordance with API RP 500, Recommended Practice for Classification of Locations for Electrical Installations at Petroleum Facilities Classified as Class I, Division 1 and Division 2, or API RP 505, Recommended Practice for Classification of Locations for Electrical Installations at Petroleum Facilities Classified as Class I, Zone 0, Zone 1, and Zone 2, and outlining areas in which potential ignition sources, other than electrical, are to be installed. The area outlined will include the following information: * * * * * 6. In Sec. 250.803, the last sentence of paragraph (b)(9)(i) is revised to read as follows: Sec. 250.803 Additional production system requirements. * * * * * (b) * * * (9) * * * (i) * * * A classified area is any area classified Class I, Group D, Division 1 or 2, following the guidelines of API RP 500, or any area classified Class I, Zone 0, Zone 1, or Zone 2, following the guidelines of API RP 505. * * * * * 7. In Sec. 250.1628, paragraphs (b)(3) and (d)(4)(i) are revised to read as follows: Sec. 250.1628 Design, installation, and operation of production systems. * * * * * (b) * * * (3) Electrical system information including a plan of each platform deck, outlining all hazardous areas classified in accordance with API RP 500, Recommended Practice for Classification of Locations for Electrical Installations at Petroleum Facilities Classified as Class I, Division 1 and Division 2, or API RP 505, Recommended Practice for Classification of Locations for Electrical Installations at Petroleum Facilities Classified as Class I, Zone 0, Zone 1, and Zone 2, and outlining areas in which potential ignition sources are to be installed; * * * * * (d) * * * (4) * * * (i) A plan of each platform deck, outlining all hazardous areas classified in accordance with API RP 500, Recommended Practice for Classification of Locations for Electrical Installations at Petroleum Facilities Classified as Class I, Division 1 and Division 2, or API RP 505, Recommended Practice for Classification of Locations for Electrical Installations at Petroleum Facilities Classified as Class I, Zone 0, Zone 1, and Zone 2, and outlining areas in which potential ignition sources are to be installed; * * * * * 8. In Sec. 250.1629, the last sentence of paragraph (b)(4)(i) is revised to read as follows: Sec. 250.1629 Additional production and fuel gas system requirements. * * * * * (b) * * * (4) * * * (i) * * * A classified area is any area classified Class I, Group D, Division 1 or 2, following the guidelines of API RP 500, or any area classified Class I, Zone 0, Zone 1, or Zone 2, following the guidelines of API RP 505. * * * * * [FR Doc. 99-6791 Filed 3-18-99; 8:45 am] BILLING CODE 4310-MR-P