[Federal Register Volume 73, Number 73 (Tuesday, April 15, 2008)]
[Rules and Regulations]
[Pages 20166-20170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7777]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Part 250

[Docket ID: MMS-2007-OMM-0060]
RIN 1010-AD48


Incorporate American Petroleum Institute Hurricane Bulletins

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Final rule.

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SUMMARY: The direct final rule will incorporate by reference three 
American Petroleum Institute hurricane bulletins into MMS's 
regulations. The three bulletins supplement the American Petroleum 
Institute's Recommended Practice 2A-WSD, Recommended Practice for 
Planning, Designing, and Constructing Fixed Offshore Platforms--Working 
Stress Design, which contains engineering design principles and good 
practices for new platforms and assessments of existing platforms. 
These bulletins are needed to increase survivability during hurricane 
events by imposing more stringent design and assessment criteria for 
both new and existing structures located within particular Gulf of 
Mexico areas. By increasing survivability during hurricane conditions, 
fewer platforms will be damaged, thereby, protecting critical oil and 
gas resources and making those resources available after hurricane 
events.

DATES: Effective Date: This rule becomes effective on May 15, 2008. The 
incorporation by reference of the publication listed in the regulation 
was approved by the Director of the Federal Register on May 15, 2008.

FOR FURTHER INFORMATION CONTACT: Kirk Malstrom, Office of Offshore 
Regulatory Programs, Regulations and Standards Branch, at (703) 787-
1751.

SUPPLEMENTARY INFORMATION:

Background

    After the 2004 and 2005 hurricane seasons, there was significant 
damage to the oil and gas infrastructure. There were 123 fixed 
structures destroyed, one floating facility destroyed, and significant 
damage to dozens of other fixed and floating structures. The offshore 
oil and gas industry operating in the Gulf of Mexico (GOM) realized 
that there was a disparity in the metocean criteria in American 
Petroleum Institute's (API) Recommended Practice (RP) 2A-WSD, 
Recommended Practice for Planning, Designing, and Constructing Fixed 
Offshore Platforms--Working Stress Design, for the central GOM. The 
metocean criteria are the standards to which structures are designed 
and assessed to withstand certain meteorological events involving wind, 
wave, current, and surge. Following the 2005 hurricane season, MMS, the 
API, and other industry representatives worked collectively to produce 
the API hurricane bulletins to increase the survivability of Outer 
Continental Shelf (OCS) structures during hurricanes.
    Each hurricane bulletin updates criteria contained within current 
MMS incorporated-by-reference API documents. The MMS will incorporate 
the following API Bulletins in Sec.  250.901:
     BULLETIN 2INT-MET, Interim Guidance on Hurricane 
Conditions in the Gulf of Mexico, updates hurricane metocean conditions 
(wind, wave, current, and surge) documented in Sections 2.3.4.c and 
17.6.2.a of API RP 2A-WSD.
     BULLETIN 2INT-DG, Interim Guidance for Design of Offshore 
Structures for Hurricane Conditions, contains guidance on how to 
utilize the updated metocean conditions in Bulletin 2INT-MET for 
designing new offshore structures required in the following API design 
documents: RP 2A-WSD; RP 2FPS, Recommended Practice for Planning, 
Designing and Constructing Floating Production Systems; RP 2RD, Design 
of Risers for Floating Production Systems and Tension-Leg Platforms; RP 
2SK, Design and Analysis of Stationkeeping Systems for Floating 
Structures; RP 2T, Planning Designing and Constructing Tension Leg 
Platforms; and BULLETIN 2TD, Guidelines for Tie-downs on Offshore 
Production Facilities for Hurricane Season.
     BULLETIN 2INT-EX, Interim Guidance for Assessment of 
Existing Offshore Structures for Hurricane Conditions, gives guidance 
on how to utilize the updated metocean conditions in Bulletin 2INT-MET 
for the assessment of existing offshore structures required in the 
following API design documents: RP 2A-WSD; RP 2FPS; RP 2RD; RP 2SK; RP 
2T; and BULLETIN 2TD.
    You may inspect these bulletins at the Minerals Management Service, 
381 Elden Steet, Room 3313, Herndon, Virginia; or at the National 
Archives and Records Administration. You may obtain these bulletins 
from API, 1220 L Street, NW., Washington, DC.
    The 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 on the 
OCS. This practice, known as incorporation by reference, allows us to 
incorporate the provisions of technical standards into the regulations. 
The legal effect of incorporation by reference is the material is 
treated as if the entire document were published in the Federal 
Register. This material, like any other properly issued regulation, has 
the force and effect of law. We hold operators/lessees accountable for 
complying with the documents

[[Page 20167]]

incorporated by reference in our regulations. We currently incorporate 
by reference 93 private-sector consensus standards into the offshore 
operating regulations.
    The regulations at 1 CFR part 51 govern how we and other Federal 
agencies incorporate various documents by reference. These regulations 
implement the Administrative Procedures Act, 5 U.S.C. 552(a), which 
allows agencies to incorporate by reference material ``reasonably 
available to the class of persons affected thereby.'' Agencies may only 
incorporate a document by reference by publishing the document title, 
date, edition, author, publisher, and publication identification number 
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, supplement, or addendum cited in the 
regulations.
    Under 30 CFR 250.198(a)(2), MMS may update documents incorporated 
by reference without an opportunity for public comment when we 
determine that the revisions to a document result in safety 
improvements, or represent new industry standard technology and do not 
impose undue cost or burden on the affected parties. The MMS has 
reviewed these three API bulletins and determined the new editions must 
be incorporated into the regulations to increase platform survivability 
and environmental safety. These API bulletins update current MMS 
incorporated documents and will not impose undue cost or burden on the 
offshore oil and gas industry. Lessees and operators in the GOM are 
already using the criteria and guidelines contained in these bulletins 
to ensure that their new and existing facilities are better designed to 
meet potential hurricane conditions. Because the regulated community is 
already using the criteria contained in these bulletins and 
participated in their development, MMS finds that the incorporation of 
these bulletins by reference is a minor, technical amendment in which 
the public is not particularly interested, so that notice and comment 
on the rulemaking is not necessary under 5 U.S.C. 553(b).
    Also, the final rule amends an incorrect citation located in Sec.  
250.901(d). The incorrectly referenced standard was superseded by 
another standard, and the chart in Sec.  250.901(d) was not updated 
with the correct citation.

Procedural Matters

Regulatory Planning and Review (Executive Order (E.O.) 12866)

    This final rule is not a significant rule as determined by the 
Office of Management and Budget (OMB) and is not subject to review 
under E.O. 12866.
    (1) This final 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.
    (2) This final rule will not create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency.
    (3) This final rule will not alter the budgetary effects of 
entitlements, grants, user fees, or loan programs or the rights or 
obligations of their recipients.
    (4) This final rule will not raise novel legal or policy issues.

Regulatory Flexibility Act

    The Department of the Interior certifies that this final rule 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.).
    The changes in this final rule will affect lessees and operators of 
leases and pipeline right-of-way holders in the OCS. This could include 
about 130 active Federal oil and gas lessees. Small lessees that 
operate under this rule fall under the Small Business Administration's 
(SBA) North American Industry Classification System (NAICS) codes 
211111, Crude Petroleum and Natural Gas Extraction, and 213111, 
Drilling Oil and Gas Wells. For these NAICS code classifications, a 
small company is one with fewer than 500 employees. Based on these 
criteria, an estimated 70 percent of these companies are considered 
small.
    Nevertheless, changes in this final rule will not have a 
significant economic effect on a substantial number of small entities 
because it will not impose undue cost or burden (on the offshore oil 
and gas industry). Both large and small operators have already begun 
using and implementing the criteria and guidelines contained in these 
bulletins. The cost of implementing the standards set forth in these 
documents is not an undue burden because the resulting assessments and 
design changes are small when compared to costs of repairing or 
decommissioning a damaged or destroyed platform.
    Your comments are important. The Small Business and Agriculture 
Regulatory Enforcement Ombudsman and 10 Regional Fairness Boards were 
established to receive comments from small businesses 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 actions of MMS, call 1-888-734-
3247. You may comment to the Small Business Administration without fear 
of retaliation. Disciplinary action for retaliation by an MMS employee 
may include suspension or termination from employment with the DOI.

Small Business Regulatory Enforcement Fairness Act

    The final rule is not a major rule under 5 U.S.C. 804(2) of the 
Small Business Regulatory Enforcement Fairness Act. This final rule:
    a. Will 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. Will 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

    This final rule will not impose an unfunded mandate on State, 
local, or tribal governments or the private sector of more than $100 
million per year. The final rule will 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.

Takings Implication Assessment (E.O. 12630)

    Under the criteria in E.O. 12630, this final rule will not have 
significant takings implications. The final rule is not a governmental 
action capable of interference with constitutionally protected property 
rights. A takings implication assessment is not required.

Federalism (E.O. 13132)

    Under the criteria in E.O. 13132, this final rule will not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. This final rule will not substantially and 
directly affect the relationship between the Federal and State 
governments. To the extent that State and local governments have a role 
in OCS

[[Page 20168]]

activities, this final rule will not affect that role. A Federalism 
Assessment is not required.

Civil Justice Reform (E.O. 12988)

    This final rule complies with the requirements of E.O. 12988. 
Specifically, this rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Consultation With Indian Tribes (E.O. 13175)

    Under the criteria in E.O. 13175, we have evaluated this final rule 
and determined that it has no potential effects on federally recognized 
Indian tribes. There are no Indian or tribal lands in the OCS.

Paperwork Reduction Act

    The proposed revisions do not contain any information collection 
subject to the Paperwork Reduction Act (PRA) and does not require a 
submission to OMB for review and approval under section 3507(d) of the 
PRA.

National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. The MMS has analyzed 
this rule under the criteria of the National Environmental Policy Act 
and 516 Departmental Manual 2.3A and determined that it falls within 
the categorical exclusion for ``regulations * * * that are an 
administrative, financial, legal, technical, or procedural nature and 
whose environmental effects are too broad, speculative, or conjectural 
to lend themselves to meaningful analysis (516 DM 2, App. 1.10). The 
MMS completed a Categorical Exclusion Review for this action and 
concluded that none of the exceptional circumstances set forth in 516 
DM 2 Appendix 2, exist, therefore, preparation of an environmental 
analysis or environmental impact statement will not be required.

Data Quality Act

    In developing this rule, we did not conduct or use a study, 
experiment, or survey requiring peer review under the Data Quality Act 
(Pub. L. 106-554, app. C section 515, 114 Stat. 2763, 2763A-153-154).

Effects on the Energy Supply (E.O. 13211)

    This rule is not a significant energy action under the definition 
in E.O. 13211. A Statement of Energy Effects is not required.

List of Subjects in 30 CFR 250

    Administrative practice and procedure, Environmental protection, 
Public lands--mineral resources, Incorporation by reference, Reporting 
and recordkeeping requirements.

    Dated: March 20, 2008.
C. Stephen Allred,
Assistant Secretary--Land and Minerals Management.

0
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

0
1. The authority citation for part 250 is revised to read as follows:

    Authority: 31 U.S.C. 9701, 43 U.S.C. 1334.

0
2. In Sec.  250.198, the following changes are made in the table in 
paragraph (e):
0
A. Add entries in alphanumerical order for API Bulletin 2INT-DG, API 
Bulletin 2INT-EX, and API Bulletin 2INT-MET as set forth below;
0
B. Revise entries in alphanumerical order for ACI Standard 318-95, ACI 
357R-84, ANSI/AISC 360-05, API RP 2A-WSD, API RP 2FPS, API RP 2RD, API 
RP 2SK, API RP 2SM, API RP 2T, ASTM Standard C 33-99a, ASTM Standard C 
94/C 94M-99, ASTM Standard C 150-99, ASTM Standard C 330-99, ASTM 
Standard C 595-98, AWS D1.1:2000, AWS D1.4-98, AWS D3.6M:1999, NACE 
Standard MR0175-2003, and NACE Standard RP0176-2003.


Sec.  250.198  Documents incorporated by reference.

* * * * *
    (e) * * *

------------------------------------------------------------------------
      Title of documents              Incorporated by reference at
------------------------------------------------------------------------
ACI Standard 318-95, Building  Sec.   250.901(a), (d).
 Code Requirements for
 Reinforced Concrete (ACI 318-
 95) and Commentary (ACI 318R-
 95).
ACI 357R-84, Guide for the     Sec.   250.901(a), (d).
 Design and Construction of
 Fixed Offshore Concrete
 Structures, 1984; reapproved
 1997.
ANSI/AISC 360-05,              Sec.   250.901(a), (d).
 Specification for Structural
 Steel Buildings.
 
                              * * * * * * *
API Bulletin 2INT-DG, Interim  Sec.   250.901(a), (d).
 Guidance for Design of
 Offshore Structures for
 Hurricane Conditions, May
 2007.
API Bulletin 2INT-EX, Interim  Sec.   250.901(a), (d).
 Guidance for Assessment of
 Existing Offshore Structures
 for Hurricane Conditions,
 May 2007.
API Bulletin 2INT-MET,         Sec.   250.901(a), (d).
 Interim Guidance on
 Hurricane Conditions in the
 Gulf of Mexico, May 2007.
 
                              * * * * * * *
API RP 2A-WSD, Recommended     Sec.   250.901(a), (d); Sec.
 Practice for Planning,         250.908(a); Sec.   250.920(a), (b), (c),
 Designing and Constructing     (e).
 Fixed Offshore Platforms--
 Working Stress Design,
 Twenty-first Edition,
 December 2000; Errata and
 Supplement 1, December 2002;
 Errata and Supplement 2,
 October 2005, API Stock No.
 G2AWSD.
 
                              * * * * * * *
API RP 2FPS, RP for Planning,  Sec.   250.901(a), (d).
 Designing, and Constructing,
 Floating Production Systems.
API RP 2RD, Recommended        Sec.   250.800(b)(2); Sec.   250.901(a),
 Practice for Design of         (d); Sec.   250.1002(b)(5).
 Risers for Floating
 Production Systems (FPSs)
 and Tension-Leg Platforms
 (TLPs), First Edition, June
 1998; reaffirmed May 2006,
 API Stock No. G02RD1.
API RP 2SK, Recommended        Sec.   250.800(b)(3); Sec.   250.901(a),
 Practice for Design and        (d).
 Analysis of Stationkeeping
 Systems for Floating
 Structures, Third Edition,
 October 2005, API Stock No.
 G2SK03.
API RP 2SM, Recommended        Sec.   250.901(a), (d).
 Practice for Design,
 Manufacture, Installation,
 and Maintenance of Synthetic
 Fiber Ropes for Offshore
 Mooring, First Edition,
 March 2001, API Stock No.
 G02SM1.
API RP 2T, Recommended         Sec.   250.901(a), (d).
 Practice for Planning,
 Designing, and Constructing
 Tension Leg Platforms,
 Second Edition, August 1997,
 API Stock No. G02T02.

[[Page 20169]]

 
 
                              * * * * * * *
ASTM Standard C 33-99a,        Sec.   250.901(a), (d).
 Standard Specification for
 Concrete Aggregates.
ASTM Standard C 94/C 94M-99,   Sec.   250.901(a), (d).
 Standard Specification for
 Ready-Mixed Concrete.
ASTM Standard C 150-99,        Sec.   250.901(a), (d).
 Standard Specification for
 Portland Cement.
ASTM Standard C 330-99,        Sec.   250.901(a), (d).
 Standard Specification for
 Lightweight Aggregates for
 Structural Concrete.
ASTM Standard C 595-98,        Sec.   250.901(a), (d).
 Standard Specification for
 Blended Hydraulic Cements.
AWS D1.1:2000, Structural      Sec.   250.901(a), (d).
 Welding Code--Steel.
AWS D1.4-98, Structural        Sec.   250.901(a), (d).
 Welding Code--Reinforcing
 Steel.
AWS D3.6M:1999, Specification  Sec.   250.901(a), (d).
 for Underwater Welding.
NACE Standard MR0175-2003,     Sec.   250.901(a), Sec.   250.490(p)(2).
 Item No. 21302, Standard
 Material Requirements,
 Metals for Sulfide Stress
 Cracking and Stress
 Corrosion Cracking
 Resistance in Sour Oilfield
 Environments.
NACE Standard RP0176-2003,     Sec.   250.901(a), (d).
 Item No. 21018, Standard
 Recommended Practice,
 Corrosion Control of Steel
 Fixed Offshore Structures
 Associated with Petroleum
 Production.
------------------------------------------------------------------------


0
3. Amend Sec.  250.901 as follows:
0
A. Redesignate paragraphs (a)(4) through (a)(20) as (a)(7) through 
(a)(23), respectively,
0
B. Add new paragraphs (a)(4), (5), and (6),
0
C. Revise redesignated paragraphs (a)(7) and (a)(23), and
0
D. Revise paragraph (d)
    The additions and revisions read as follows:


Sec.  250.901  What industry standards must your platform meet?

    (a) * * *
    (4) American Petroleum Institute (API) Bulletin 2INT-DG, Interim 
Guidance for Design of Offshore Structures for Hurricane Conditions, 
(incorporated by reference as specified in Sec.  250.198);
    (5) API Bulletin 2INT-EX, Interim Guidance for Assessment of 
Existing Offshore Structures for Hurricane Conditions, (incorporated by 
reference as specified in Sec.  250.198);
    (6) API Bulletin 2INT-MET, Interim Guidance on Hurricane Conditions 
in the Gulf of Mexico, (incorporated by reference as specified in Sec.  
250.198);
    (7) API Recommend Practice (RP) 2A-WSD, RP for Planning, Designing, 
and Constructing Fixed Offshore Platforms--Working Stress Design 
(incorporated by reference as specified in Sec.  250.198);
* * * * *
    (23) NACE Standard RP0176-2003, Item No. 21018, Standard 
Recommended Practice, Corrosion Control of Steel Fixed Offshore 
Structures Associated with Petroleum Production.
* * * * *
    (d) The following chart summarizes the applicability of the 
industry standards listed in this section for fixed and floating 
platforms:

----------------------------------------------------------------------------------------------------------------
             Industry standard                                       Applicable to * * *
----------------------------------------------------------------------------------------------------------------
(1) ACI Standard 318, Building Code          Fixed and floating platform, as appropriate.
 Requirements for Reinforced Concrete, Plus
 Commentary;
(2) ANSI/AISC 360-05, Specification for
 Structural Steel Buildings;
(3) API Bulletin 2INT-DG, Interim Guidance
 for Design of Offshore Structures for
 Hurricane Conditions;
(4) API Bulletin 2INT-EX, Interim Guidance
 for Assessment of Existing Offshore
 Structures for Hurricane Conditions;
(5) API Bulletin 2INT-MET, Interim Guidance
 on Hurricane Conditions in the Gulf of
 Mexico;
(6) API RP 2A-WSD, RP for Planning,
 Designing, and Constructing Fixed Offshore
 Platforms--Working Stress Design;
(7) ASTM Standard C33-99a, Standard
 Specification for Concrete Aggregates;
(8) ASTM Standard C94/C94M-99, Standard
 Specification for Ready-Mixed Concrete;
(9) ASTM Standard C150-99, Standard
 Specification for Portland Cement;
(10) ASTM Standard C330-99, Standard
 Specification for Lightweight Aggregates
 for Structural Concrete;
(11) ASTM Standard C 595-98, Standard
 Specification for Blended Hydraulic
 Cements;
(12) AWS D1.1, Structural Welding Code--
 Steel;
(13) AWS D1.4, Structural Welding Code--
 Reinforcing Steel;
(14) AWS D3.6M, Specification for
 Underwater Welding;
(15) NACE Standard RP 0176-2003, Standard
 Recommended Practice (RP), Corrosion
 Control of Steel Fixed Offshore Platforms
 Associated with Petroleum Production;
(16) ACI 357R, Guide for the Design and      Fixed platforms.
 Construction of Fixed Offshore Concrete
 Structures;
(17) API RP 14J, RP for Design and Hazards   Floating platforms.
 Analysis for Offshore Production
 Facilities;
(18) API RP 2FPS, RP for Planning,
 Designing, and Constructing, Floating
 Production Systems;
(19) API RP 2RD, Design of Risers for
 Floating Production Systems (FPSs) and
 Tension-Leg Platforms (TLPs);
(20) API RP 2SK, RP for Design and Analysis
 of Station Keeping Systems for Floating
 Structures;
(21) API RP 2T, RP for Planning, Designing,
 and Constructing Tension Leg Platforms;
(22) API RP 2SM, RP for Design,
 Manufacture, Installation, and Maintenance
 of Synthetic Fiber Ropes for Offshore
 Mooring.
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 [FR Doc. E8-7777 Filed 4-14-08; 8:45 am]
BILLING CODE 4310-MR-P