[Federal Register Volume 85, Number 248 (Monday, December 28, 2020)]
[Rules and Regulations]
[Pages 84230-84237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27238]


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DEPARTMENT OF THE INTERIOR

Bureau of Safety and Environmental Enforcement

30 CFR Part 250

[Docket ID: BSEE-2020-0002; EEEE500000 21XE1700DX EX1SF0000.EAQ000]
RIN 1014-AA46


Oil and Gas and Sulfur Operations in the Outer Continental 
Shelf--Reaffirmation of Standard Editions Related to the Manual of 
Petroleum Measurement Standards

AGENCY: Bureau of Safety and Environmental Enforcement, Interior.

ACTION: Direct final rule; request for comments.

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[[Page 84231]]

SUMMARY: This direct final rule incorporates by reference American 
Petroleum Institute's (API's) reaffirmation of 21 production 
measurement publications (each referred to herein as a ``standard''). 
This direct final rule updates the reaffirmation date of industry 
standards already incorporated in regulations administered by the 
Bureau of Safety and Environmental Enforcement (BSEE). This rule does 
not include any new editions of incorporated standards, nor does it 
incorporate any new standards. Rather, it merely acknowledges API's 
subsequent reaffirmation, without change, of standards previously 
incorporated by reference. Incorporation of these reaffirmed documents 
will ensure that the citations to standards for the measurement of oil 
and gas production flow rates and volumes incorporated into the 
regulations are up to date. This rule will update incorporated 
measurement standards, thereby eliminating confusion in identifying the 
correct measurement standards required to be used.

DATES: This rule is effective February 26, 2021 without further action, 
unless adverse comment is received by January 27, 2021. If adverse 
comment is received, BSEE will publish a timely withdrawal of the rule 
in the Federal Register. BSEE may not fully consider comments received 
after the comment due date. The incorporation by reference of the 
publications listed in the regulation is approved by the Director of 
the Federal Register as of February 26, 2021.

ADDRESSES: You may submit comments on the rulemaking using the Federal 
eRulemaking portal which is located at www.regulations.gov. Please use 
the regulation identifier number (RIN) 1014-AA46 as an identifier for 
your comment.
    Public Availability of Comments--Before including your address, 
phone number, email address, or other personal identifying information 
in your comment, you should be aware that your entire comment--
including your personal identifying information--may be made publicly 
available at any time. In order for BSEE to withhold from disclosure 
your personal identifying information, you must identify any 
information contained in the submittal of your comments that, if 
released, would constitute a clearly unwarranted invasion of your 
personal privacy. You must also briefly describe any possible harmful 
consequence(s) of the disclosure of the information, such as 
embarrassment, injury, or other harm. While you can ask us in your 
comment to withhold your personal identifying information from public 
review, we cannot guarantee that we will be able to do so. Availability 
of documents for public viewing: The reaffirmed standards are available 
online for review for free, and hardcopies and printable versions are 
available for purchase. The API website where the standards can be 
viewed is: http://publications.api.org/. This API website provides a 
free online reading room for users after creating an account.
    For the convenience of the public who may not wish to view 
documents online, all documents incorporated in this rule may be viewed 
by appointment at the BSEE Houston office, 1919 Smith Street, Suite 
14042, Houston, Texas 77002. An appointment is required because of 
agency resources, natural disasters, public health situations and the 
like, e.g., personnel availability, hurricanes, pandemics, etc. To make 
an appointment, please call 1-844-259-4779.
    These documents, if incorporated, will continue to be made 
available to the public for viewing when requested. Specific 
information on where these documents can be inspected or purchased can 
be found at 30 CFR 250.198, documents incorporated by reference.

FOR FURTHER INFORMATION CONTACT: For technical or procedural questions 
contact Alton Payne at 713-220-9204, or David Izon at 703-787-1706, or 
by email: [email protected].

SUPPLEMENTARY INFORMATION: 

Executive Summary

    BSEE derives its authority primarily from the Outer Continental 
Shelf Lands Act (OCSLA), 43 U.S.C. 1331-1356a. Congress enacted OCSLA 
in 1953, authorizing the Secretary of the Interior (Secretary) to lease 
the Outer Continental Shelf (OCS) for mineral development, and to 
regulate oil and gas exploration, development, and production 
operations on the OCS. The Secretary has delegated authority to perform 
certain of these functions to BSEE. To carry out its responsibilities, 
BSEE regulates oil and gas exploration, development, and production 
operations on the OCS. Among other purposes, regulations administered 
by BSEE seek to prevent injury, loss of life, as well as damage to 
property, natural resources, and the environment. The Department of the 
Interior (Department) incorporates by reference in its regulations many 
oil and gas industry standards in order to require compliance with 
those standards in offshore operations.
    BSSE uses standards, specifications, RPs, and other documents 
developed by standard development organizations (SDO) as a means of 
establishing requirements for activities on the OCS. This practice, 
known as ``incorporation by reference,'' allows the Department to 
incorporate the requirements of technical documents into the 
regulations without increasing the volume of the Code of Federal 
Regulations (CFR). The Department currently incorporates by reference 
125 documents into its offshore operating regulations administered by 
BSEE.
    The National Technology Transfer and Advancement Act (NTTAA) \1\ 
requires BSEE to ``use technical standards that are developed or 
adopted by voluntary consensus standards bodies . . . to carry out 
policy objectives or activities[,]'' including those on the OCS. 
According to the relevant definitional guidance from the Office of 
Management and Budget (OMB), standards include those developed by SDOs 
that are currently incorporated into regulations administered by BSEE 
(e.g., industry standards, codes, specifications, and RPs).\2\
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    \1\ Public Law 104-113, sec. 12(d), Mar. 7, 1996, 15 U.S.C. 272 
note.
    \2\ See, OMB Circular A-119, ``Federal Participation in the 
Development and Use of Voluntary Consensus Standards and in 
Conformity Assessment Activities'' (pp. 15-16) https://www.nist.gov/system/files/revised_circular_a-119_as_of_01-22-2016.pdf
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    Where appropriate, the Department incorporates industry standards 
into its regulations by reference without republishing the standards in 
their entirety. The legal effect of incorporation by reference is that 
the incorporated standards become regulatory requirements. This 
incorporated material, like any other regulation, has the force and 
effect of law. Operators, lessees, and other regulated parties must 
comply with the documents incorporated by reference in the regulations.
    The Office of the Federal Register's (OFR) regulations, at 1 CFR 
part 51, govern how BSEE and other Federal agencies incorporate 
documents by reference. Agencies may incorporate a document by 
reference by publishing in the Federal Register the document title, 
edition, date, author, publisher, identification number, and other 
specified information. The preamble of the rule must contain a summary 
of each document incorporated by reference, as well as discuss the ways 
that the incorporated materials are reasonably available to interested 
parties and how interested parties can

[[Page 84232]]

obtain those materials. The Director of the Federal Register must also 
approve the incorporation by reference of a publication.
    Incorporation by reference of a document or publication is limited 
to the version of the document or publication cited in the regulations. 
This means that newer editions, versions, amendments, or revisions to 
documents already incorporated by reference in regulations are not part 
of the regulations until the Department promulgates a rulemaking in the 
Federal Register that incorporates the new, updated, or revised version 
of the document.
    BSSE reviewed API reaffirmations of documents already incorporated 
into the regulations BSEE administers and determined that it is 
appropriate to update the regulations to reflect the reaffirmed 
documents. Based on this review, BSEE has concluded that the use of 
these reaffirmed standards will not impose additional costs on any 
stakeholder, including the offshore oil and gas industry. In fact, the 
substance of the standards incorporated here is the same as that 
presently incorporated because this rulemaking merely incorporates by 
reference the reaffirmation by the SDO, namely API, of standards 
already incorporated by reference. Therefore, the Department is 
incorporating these reaffirmed documents through a direct final rule. 
The Department determined under the Administrative Procedure Act (5 
U.S.C. 553(b)(3)(B)) that ``notice and public procedure thereon are . . 
. unnecessary . . .'' because the Department does not propose to make 
any actual substantive changes to the regulations--the changes are 
merely administrative updates to the citations to the standards 
previously incorporated into the regulations. Additionally, because the 
reaffirmed versions of the standards being incorporated are identical 
to the requirements of the standards already contained in the 
regulations, incorporation of these versions will not impose undue 
costs on the affected parties.

BSEE's Functions and Authority

    BSEE promotes safety, protects the environment, and conserves 
offshore oil and gas resources through vigorous regulatory oversight 
and enforcement. BSEE derives its authority primarily from OCSLA.
    Congress enacted OCSLA in 1953, establishing Federal control over 
the OCS and authorizing the Secretary to regulate oil and natural gas 
exploration, development, and production operations on the OCS. The 
Secretary authorized BSEE to perform certain of these functions (see 30 
CFR 250.101, Authority and applicability). In addition to developing 
and implementing such regulatory requirements, BSEE participates in 
activities of relevant SDOs and the international community to develop 
and revise safety and environmental standards, which the Department may 
incorporate into BSEE's regulatory program. BSEE also conducts onsite 
inspections to ensure compliance with regulations, including the 
subject matter of the standards incorporated by reference in 
regulations administered by BSEE. Detailed information concerning 
regulations and guidance for the offshore industry may be found on 
BSEE's website at: www.bsee.gov/Regulations-and-Guidance/index.

Public Participation and Availability of Comments

    BSEE encourages public participation in this direct final 
rulemaking through the submission of written comments, as discussed in 
the ACTION, ADDRESSES, and DATES sections of this direct final rule. 
This direct final rule provides 30 days for public comment to ensure 
the public has an opportunity to raise concerns regarding the 
incorporation of these reaffirmed standards. If no adverse comment is 
received within the 30-day comment period, this final rule will become 
effective 60 days after its publication in the Federal Register. If an 
adverse substantive comment is received within the 30-day comment 
period, then the Department will withdraw the final rule before its 
effective date and issue a separate proposed rule document on the same 
subject. The reaffirmed standards the Department is incorporating were 
previously incorporated in its regulations. Industry is currently 
working with the reaffirmed versions of these incorporated standards.

Procedures for Incorporation by Reference and Availability of 
Incorporated Documents for Public Viewing

    BSEE frequently uses standards (e.g., codes, specifications, 
recommended practices, and bulletins) developed through a consensus 
process, facilitated by SDOs, with input from the oil and gas industry 
and the public generally, as a means of establishing requirements for 
activities on the OCS. The Department may incorporate these standards 
into its regulations without republishing the standards in their 
entirety in the CFR, a practice known as incorporation by reference. 
The legal effect of incorporation by reference is that the incorporated 
standards become regulatory requirements (see 30 CFR 250.115). This 
incorporated material, like any other properly issued regulation, has 
the force and effect of law, and BSEE holds operators, lessees, and 
other regulated parties accountable for complying with the documents 
incorporated by reference in the regulations. There are 125 consensus 
standards currently incorporated by reference in the regulations 
governing offshore oil and gas operations administered by BSEE (see 30 
CFR 250.198).
    When a copyrighted industry standard is incorporated by reference 
into the regulations, BSEE is obligated to observe and protect that 
copyright. BSEE provides members of the public with website addresses 
where these standards may be accessed for viewing--sometimes for free 
and sometimes for a fee. The decision to charge a fee is made by each 
SDO. API provides free online public viewing access to more than 160 
technical and other key industry standards. Those standards represent 
almost one-third of all API standards and include all that are safety-
related or are incorporated into Federal regulations. These standards 
are available for viewing online, while hard copies and printable 
versions will continue to be available for purchase through API. To 
review such standards online, go to the API publications website at: 
http://publications.api.org. You must then log-in or create a new 
account, accept API's ``Terms and Conditions,'' click on the ``Browse 
Documents'' button, and then select the applicable category (e.g., 
``Exploration and Production'') for the standard you wish to review.
    For the convenience of the viewing public who may not wish to 
purchase or view the incorporated documents online, the documents may 
be inspected at BSEE's office at: 1919 Smith Street, Suite 14042, 
Houston, Texas 77002 (phone: 1-844-259-4779) by appointment only. An 
appointment is required because of agency resources, natural disasters, 
public health situations and the like, e.g., personnel availability, 
hurricanes, pandemics, etc. BSEE will make documents incorporated in 
the final rule available for viewing at the time and date agreed upon 
for the appointment. Additional information on where these documents 
can be inspected or purchased can be found at 30 CFR 250.198, Documents 
incorporated by reference.

[[Page 84233]]

Background Information for Proposed Incorporation by Reference of 
Reaffirmed API Standards

    In addition to the legal requirement under the NTTAA for Federal 
agencies to use standards where appropriate, there are a number of 
benefits to incorporating these documents into the regulations. 
Standards increase consistency for employee training, equipment 
compatibility, processes, and testing during operations. Standards help 
ensure that operators and their contractors take proper precautions 
during operations resulting in safety performance improvements through 
the reduction of lost time from injuries and incidents, work 
environment safety standards, proper training, product failure 
reporting, quality control and assurance requirements, addressing 
safety issues, and improved communications between user and supplier. 
Global adoption of standards is a compelling reason for the most 
updated version to be part of the regulatory framework, since standards 
drive consistency, promote competition, and reduce the burden of 
compliance.
    OMB Circular A-119 indicates that Federal agencies ``should 
undertake a standards-specific review of such incorporated standards 
every three-to-five years, or when stakeholders otherwise provide 
adequate information that a standards-specific review is necessary due 
to . . . the need to remain current with technological changes. . . .'' 
\3\ This standard-specific rulemaking is part of the Department's 
effort to keep the standards in the regulations up-to-date. The 
American National Standards Institute (ANSI) generally contemplates 
that industry standards will be updated at least every five years by 
the SDOs. However, the regulations administered by BSEE incorporate 
several standards that are updated by SDOs more frequently than every 
five years, and are therefore appropriate for updating in the 
regulations.
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    \3\ OMB Circ. A-119 at p. 26.
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    Typically, standards cite other documents as normative. When 
documents are cited as normative, the normative document is 
indispensable for the application of the standard citing it. Thus, the 
normative document must be followed in order to comply with the 
requirements of the underlying standard.
    This rulemaking updates the specific versions defined by the 
reaffirmation dates of the incorporated editions of the following API 
documents:
    1. API MPMS Chapter 2--Tank Calibration, Section 2A--Measurement 
and Calibration of Upright Cylindrical Tanks by the Manual Tank 
Strapping Method, First Edition, February 1995, Reaffirmed August 2017.
    This standard describes the procedures for calibrating upright 
cylindrical tanks used primarily for the storage of petroleum liquids. 
Section 2A, Tank Calibration, first addresses procedures for making 
necessary measurements to determine the total and incremental tank 
volumes, and then presents the recommended procedures for computing 
volumes. The standard also provides guidelines for recalibration and 
computerization of capacity tables. Both the International System of 
Units (SI), or metric, and U.S. customary units are presented where 
appropriate. SI and U.S. customary conversions may not necessarily be 
exact. The SI units often reflect what is available in commercial 
equipment. The Department incorporated this standard by reference into 
the regulations on March 15, 2007 [72 FR 12093], and API reaffirmed the 
standard without substantive change in August 2017.
    2. API MPMS Chapter 2--Tank Calibration, Section 2B--Calibration of 
Upright Cylindrical Tanks Using the Optical Reference Line Method 
(ORLM), First Edition, March 1989, Reaffirmed April 2019.
    This standard describes measurement and calculation procedures for 
determining the diameters of upright welded (lap/butt) cylindrical 
tanks, or vertical cylindrical tanks, with a smooth outside surface and 
either floating or fixed roofs. The Department incorporated this 
standard by reference into the regulations on March 15, 2007 [72 FR 
12093], and API reaffirmed the standard without substantive change in 
April 2019.
    3. API MPMS Chapter 3--Tank Gauging, Section 1B--Standard Practice 
for Level Measurement of Liquid Hydrocarbons in Stationary Tanks by 
Automatic Tank Gauging (ATG); Second Edition, June 2001, Reaffirmed 
February 2016.
    This incorporated standard discusses automatic tank gauging in 
general, calibration of ATGs for custody transfer and inventory 
control, and the requirements for data collection, transmission, and 
receiving. The appendices discuss the operation and installation of the 
most commonly used ATG equipment and of the less commonly used 
electronic ATGs. The Department incorporated this standard by reference 
into the regulations on March 15, 2007 [72 FR 12093], and API 
reaffirmed the standard without substantive change in February 2016.
    4. API MPMS Chapter 4--Proving Systems, Section 1--Introduction--
Third Edition, February 2005, Reaffirmed June 2014.
    Section 1, Proving Systems, is a general introduction to the 
subject of proving. The requirements in Chapter 4 are based on 
customary practices that evolved for crude oils and products covered by 
API MPMS Ch. 11.1. The Department incorporated this standard by 
reference into the regulations on March 15, 2007 [72 FR 12093], and API 
reaffirmed the standard without substantive change in June 2014.
    5. API MPMS Chapter 4--Proving Systems, Section 4--Tank Provers, 
Second Edition, May 1998, Reaffirmed May 2015.
    Chapter 4 specifies the characteristics of stationary (fixed) or 
portable tank provers that are in general use and the procedures for 
their calibration. Guidelines are provided for the design, manufacture, 
calibration, and use of new or replacement tank provers and are not 
intended to make any existing tank provers obsolete. The Department 
incorporated this standard by reference into the regulations on March 
15, 2007 [72 FR 12093], and API reaffirmed the standard without 
substantive change in May 2015.
    6. API MPMS, Chapter 4--Proving Systems, Section 6--Pulse 
Interpolation, Second Edition, May 1999, Reaffirmed October 2013.
    Chapter 4 describes how the double-chronometry method of pulse 
interpolation, including system operating requirements and equipment 
testing, is applied to meter proving. The Department incorporated this 
standard by reference into the regulations on March 15, 2007 [72 FR 
12093], and API reaffirmed the standard without substantive change in 
October 2013.
    7. API MPMS, Chapter 5--Metering, Section 2--Measurement of Liquid 
Hydrocarbons by Displacement Meters, Third Edition, September 2005, 
Reaffirmed July 2015.
    This section of API MPMS Chapter 5 covers the unique performance 
characteristics of displacement meters in liquid hydrocarbon service. 
The Department incorporated this standard by reference into the 
regulations on April 28, 2010 [75 FR 22223], and API reaffirmed the 
standard without substantive change in July 2015.
    8. API MPMS Chapter 5--Metering, Section 3--Measurement of Liquid 
Hydrocarbons by Turbine Meters, Fifth Edition, September 2005, 
Reaffirmed August 2014.

[[Page 84234]]

    Section 3 of API MPMS Chapter 5 covers the unique installation 
requirements and performance characteristics of turbine meters in 
liquid-hydrocarbon service. The Department incorporated this standard 
by reference into the regulations on March 15, 2007 [72 FR 12093], and 
API reaffirmed the standard without substantive change in August 2014.
    9. API MPMS, Chapter 5--Metering, Section 4--Accessory Equipment 
for Liquid Meters, Fourth Edition, September 2005, Reaffirmed August 
2015.
    Section 4 of API MPMS Chapter 5 describes the characteristics of 
accessory equipment that may be used with meters in liquid hydrocarbon 
service. Having a knowledge of these characteristics helps designers 
and operators of meter installations provide satisfactory quantity 
measurement results. Certain minimum requirements for devices that 
monitor temperature, density, and pressure are discussed in this 
section. Most system hardware, such as non-control valves, vents, and 
manifolding, is not discussed in this section. The Department 
incorporated this standard by reference into the regulations on March 
15, 2007 [72 FR 12093], and API reaffirmed the standard without 
substantive change in August 2015.
    10. API MPMS, Chapter 5--Metering, Section 5--Fidelity and Security 
of Flow Measurement Pulsed-Data Transmission Systems, Second Edition, 
August 2005, Reaffirmed August 2015.
    The recommendations set forth in this publication are concerned 
only with the fidelity and security of pulsed-data, cabled transmission 
systems between a flow meter or flow meter transducer and a remote 
totalizer. The Department incorporated this standard by reference into 
the regulations on March 15, 2007 [72 FR 12093], and API reaffirmed the 
standard without substantive change in August 2015.
    11. API MPMS Chapter 5--Metering, Section 6--Measurement of Liquid 
Hydrocarbons by Coriolis Meters, First Edition October 2002, Reaffirmed 
November 2013.
    This standard is applicable to custody transfer applications for 
liquid hydrocarbons. Topics covered are:
    (1) Applicable API standards used in the operation of Coriolis 
meters,
    (2) Proving and verification using both mass-based and volume-based 
methods,
    (3) Installation,
    (4) Operation, and
    (5) Maintenance.
    The mass-based and volume-based calculation procedures for proving 
and quantity determination are included in Appendix E. Although the 
Coriolis meter is capable of simultaneously determining density, this 
document does not address its use as a stand-alone densitometer. See 
API MPMS Chapter 14.6 for density matters. The Department incorporated 
this standard by reference into the regulations on March 29, 2012 [77 
FR 18921], and API reaffirmed the standard without substantive change 
in November 2013.
    12. API MPMS, Chapter 6--Metering Assemblies, Section 1--Lease 
Automatic Custody Transfer (LACT) Systems, Second Edition, May 1991, 
Reaffirmed May 2012.
    This publication describes the metering function of a Lease 
Automatic Custody Transfer (LACT) unit and is intended to complement 
API Specification II N, Specification for Lease Automatic Custody 
Transfer (LACT) Equipment. The Department incorporated this standard by 
reference into the regulations on December 28, 1999 [64 FR 72791], and 
API reaffirmed the standard without substantive change in May 2012.
    13. API MPMS, Chapter 6--Metering Assemblies, Section 6--Pipeline 
Metering Systems, Second Edition, May 1991, Reaffirmed December 2017.
    This publication deals with the operation and special arrangements 
of meters, provers, manifolding, instrumentation, and accessory 
equipment used to measure the loading and unloading of marine bulk 
carriers. The information provided in this publication is applicable to 
shore-to-carrier-to-shore measurements of crude oils and refined 
products. These procedures are not intended to apply to hydrocarbons 
that require specialized measurements and handling equipment, such as 
liquefied natural gas (LNG). The Department incorporated this standard 
by reference into the regulations on December 28, 1999 [64 FR 72791], 
and API reaffirmed the standard without substantive change in December 
2017.
    14. API MPMS, Chapter 6--Metering Assemblies, Section 7--Metering 
Viscous Hydrocarbons, Second Edition May 1991, Reaffirmed March 2018.
    This chapter defines viscous hydrocarbons and describes the 
difficulties that arise when viscous hydrocarbons are raised to high 
temperatures. The effects of such temperatures on meters, auxiliary 
equipment, and fittings are discussed. Further, advice and warnings to 
overcome or mitigate difficulties are included. The Department 
incorporated this standard by reference into the regulations on 
December 28, 1999 [64 FR 72791], and API reaffirmed the standard 
without substantive change in March 2018.
    15. API MPMS, Chapter 10--Sediment and Water, Section 1--Standard 
Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction 
Method, Third Edition November 2007, Reaffirmed October 2012.
    This test method determines the sediment in crude oils and fuel 
oils by extraction with toluene. The Department incorporated this 
standard by reference into the regulations on April 28, 2010 [75 FR 
22224], and API reaffirmed the standard without substantive change in 
October 2012.
    16. API MPMS, Chapter 12--Calculation of Petroleum Quantities, 
Section 2--Calculation of Petroleum Quantities Using Dynamic 
Measurement Methods and Volumetric Correction Factors, Part 1--
Introduction, Second Edition May 1995, Reaffirmed March 2014.
    This document provides standardized calculation methods for the 
quantification of liquids and the determination of base prover volumes 
under defined conditions, regardless of the point of origin or 
destination or the units of measure required by governmental customs or 
statute. The criteria contained in this document allow different 
entities using various computer languages on different computer 
hardware (or manual calculations) to arrive at identical results using 
the same standardized input data. The Department incorporated this 
standard by reference into the regulations on December 28, 1999 [64 FR 
72791], and API reaffirmed the standard without substantive change in 
March 2014.
    17. API MPMS, Chapter 12--Calculation of Petroleum Quantities, 
Section 2--Calculation of Petroleum Quantities Using Dynamic 
Measurement Methods and Volumetric Correction Factors, Part 2--
Measurement Tickets, Third Edition, June 2003, Reaffirmed February 
2016.
    This document provides standardized calculation methods for the 
quantification of liquids and the determination of base prover volumes 
under defined conditions, regardless of the point of origin or 
destination or the units of measure required by governmental customs or 
statute. The criteria contained in this document allow different 
entities using various computer languages on different computer 
hardware (or manual calculations) to arrive at identical results using 
the same standardized input data. The Department incorporated this 
standard by reference into the regulations on March 15, 2007

[[Page 84235]]

[72 FR 12094], and API reaffirmed the standard without substantive 
change in February 2016.
    18. API MPMS Chapter 12--Calculation of Petroleum Quantities, 
Section 2--Calculation of Petroleum Quantities Using Dynamic 
Measurement Methods and Volumetric Correction Factors, Part 3--Proving 
Reports, First Edition, October 1998, Reaffirmed May 2014.
    This document provides standardized calculation methods for the 
determination of meter factors under defined conditions, regardless of 
the point of origin or destination or units of measure required by 
governmental customs or statute. The criteria contained here will allow 
different entities using various computer languages on different 
computer hardware (or by manual calculations) to arrive at identical 
results using the same standardized input data. This document also 
specifies the equations for computing correction factors, including the 
calculation sequence, discrimination levels, and rules for rounding to 
be employed in the calculations. The Department incorporated this 
standard by reference into the regulations on March 29, 2012 [77 FR 
18921], and API reaffirmed the standard without substantive change in 
March 2014.
    19. API Manual of Petroleum Measurement Standards (MPMS) Chapter 
12--Calculation of Petroleum Quantities, Section 2--Calculation of 
Petroleum Quantities Using Dynamic Measurement Methods and Volumetric 
Correction Factors, Part 4--Calculation of Base Prover Volumes by the 
Waterdraw Method, First Edition, December 1997, Reaffirmed September 
2014.
    This document provides standardized calculation methods for the 
quantification of liquids and the determination of base prover volumes 
under defined conditions, regardless of the point of origin or 
destination or units of measure required by governmental organizations. 
The criteria contained in this document allow different individuals, 
using various computer languages on different computer hardware (or 
manual calculations), to arrive at identical results using the same 
standardized input data. This publication rigorously specifies the 
equations for computing correction factors, rules for rounding, the 
sequence of the calculations, and the discrimination levels of all 
numbers to be used in these calculations. The Department incorporated 
this standard by reference into the regulations on March 29, 2012 [77 
FR 18921], and API reaffirmed the standard without substantive change 
in September 2014.
    20. API MPMS, Chapter 14.5/GPA Standard 2172-09, Calculation of 
Gross Heating Value, Relative Density, Compressibility and Theoretical 
Hydrocarbon Liquid Content for Natural Gas Mixtures for Custody 
Transfer, Third Edition, January 2009, Reaffirmed February 2014.
    This standard provides criteria and procedures for designing, 
installing, and operating continuous density measurement systems for 
Newtonian fluids in the petroleum, chemical, and natural gas 
industries. The Department incorporated this standard by reference into 
the regulations on April 28, 2010 [75 FR 22224], and API reaffirmed the 
standard without substantive change in February 2014.
    21. API MPMS Chapter 21--Flow Measurement Using Electronic Metering 
Systems, Section 2--Electronic Liquid Volume Measurement Using Positive 
Displacement and Turbine Meters, First Edition, June 1998, Reaffirmed 
October 2016.
    This standard provides guidance for effective utilization of 
electronic liquid measurement systems for custody transfer measurement 
of liquid hydrocarbons:
    (1) Within the scope and field of application of API MPMS Chapter 
12.2.,
    (2) Which are single-phase liquids at measurement conditions,
    (3) For systems utilizing turbine or positive displacement meters, 
and
    (4) For systems using on-line CTL and CPL compensation.
    The Department incorporated this standard by reference into the 
regulations on March 29, 2012 [77 FR 18921], and API reaffirmed the 
standard without substantive change in October 2016.

Procedural Matters

Regulatory Planning and Review (E.O. 12866, 13563, and 13771)

    Executive Order (E.O.) 12866 provides that the OMB Office of 
Information and Regulatory Affairs (OIRA) will review all significant 
rules. OIRA has determined that this rule is not significant.
    E.O. 13563 reaffirms the principles of E.O. 12866 while calling for 
improvements in the Nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
E.O. 13563 directs agencies to consider regulatory approaches that 
reduce burdens and maintain flexibility and freedom of choice for the 
public where these approaches are relevant, feasible, and consistent 
with regulatory objectives. E.O. 13563 further emphasizes that 
regulations must be based on the best available science and that the 
rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements in that the continued use of the reaffirmed 
standards promotes predictability, reduces uncertainity, and provides 
no additional burden.
    E.O. 13771 of January 30, 2017, directs Federal agencies to reduce 
the regulatory burden on regulated entities and control regulatory 
costs. E.O. 13771, however, applies only to significant regulatory 
actions, as defined in Section 3(f) of E.O. 12866. Thus, E.O. 13771 
does not apply to this rulemaking.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) requires an agency to prepare 
a regulatory flexibility analysis for rules unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. The RFA applies only to rules for 
which an agency is required to first publish notice of a proposed rule. 
(See 5 U.S.C. 603(a) and 604(a)). For the reasons described above, this 
rule is exempt from the notice publication requirement of the APA, 
therefore, the RFA does not apply.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    (1) Does not have an annual effect on the economy of $100 million 
or more;
    (2) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions; and
    (3) 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, or 
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. Therefore, a 
statement containing the information required by the Unfunded

[[Page 84236]]

Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required.

Takings Implication Assessment (E.O. 12630)

    This rule does not effect a taking of private property or otherwise 
have takings implications under E.O. 12630. Therefore, a takings 
implication assessment is not required.

Federalism (E.O. 13132)

    Under the criteria in section 1 of E.O. 13132, this rule does not 
have sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement. To the extent that State and local 
governments have a role in Outer Continental Shelf activities, this 
rule will not affect that role. Therefore, a federalism summary impact 
statement is not required.

Civil Justice Reform (E.O. 12988)

    This rule complies with the requirements of E.O. 12988. 
Specifically, this rule:
    (1) 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
    (2) 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 and Departmental Policy)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian tribes through a 
commitment to consultation with Indian tribes and recognition of their 
right to self-governance and tribal sovereignty. This rule has been 
evaluated under the Department of the Interior's consultation policy, 
under Departmental Manual Part 512 Chapters 4 and 5, and under the 
criteria in E.O. 13175. It has been determined that the rule will have 
no substantial direct effects on Federally-recognized Indian tribes or 
Alaska Native Claims Settlement Act (ANCSA) Corporations, and that 
consultation under the Department of the Interior's tribal and ANCSA 
consultation policies is not required.

Paperwork Reduction Act (PRA) of 1995

    This rule does not contain new information collection requirements, 
and a submission to the OMB under the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.) is not required.

National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 (NEPA) is not 
required because, as a regulation of an administrative nature, this 
rule is covered by a categorical exclusion (see 43 CFR 46.210(i)). BSEE 
also determined that the rule does not implicate any of the 
extraordinary circumstances listed in 43 CFR 46.215 that would require 
further analysis under NEPA. Therefore, a detailed statement under NEPA 
is not 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, sec. 515, 114 Stat. 2763, 2763A-153-154).

Effects on the Nation's Energy Supply (E.O. 13211)

    This rule is not a significant energy action under the definition 
in E.O. 13211. The rule is not likely to have a significant adverse 
effect on the supply, distribution, or use of energy. A Statement of 
Energy Effects is not required.

Clarity of This Regulation

    We are required by E.O. 12866, E.O. 12988, and by the Presidential 
Memorandum of June 1, 1998, to write all rules in plain language. This 
means that each rule we publish must:
    (1) Be logically organized;
    (2) Use the active voice to address readers directly;
    (3) Use clear language rather than jargon;
    (4) Be divided into short sections and sentences; and
    (5) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that you find unclear, which sections or sentences are 
too long, the sections where you feel lists or tables would be useful, 
etc.

List of Subjects in 30 CFR Part 250

    Administrative practice and procedure, Continental shelf, 
Environmental impact statements, Environmental protection, 
Incorporation by reference, Investigations, Oil and gas exploration, 
Penalties, Pipelines, Reporting and recordkeeping requirements, Sulfur.

Casey Hammond,
Principal Deputy Assistant Secretary, Land and Minerals Management.

    For the reasons stated in the preamble, BSEE amends 30 CFR part 250 
as follows:

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

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

    Authority:  30 U.S.C. 1751, 31 U.S.C. 9701, 33 U.S.C. 
1321(j)(1)(C), 43 U.S.C. 1334.

Subpart A--General

0
2. Amend Sec.  250.198 by revising paragraphs (e)(8), (9), (11), (12), 
(14), and (16), (e)(20) through (24), (e)(26) through (28), (e)(34), 
(e)(43) through (46), and (e)(50) and (55) to read as follows:


Sec.  250.198   Documents incorporated by reference.

* * * * *
    (e) * * *
    (8) API MPMS Chapter 2--Tank Calibration, Section 2A--Measurement 
and Calibration of Upright Cylindrical Tanks by the Manual Tank 
Strapping Method, First Edition, February 1995; reaffirmed August 2017; 
incorporated by reference at Sec.  250.1202;
    (9) API MPMS Chapter 2--Tank Calibration, Section 2B--Calibration 
of Upright Cylindrical Tanks Using the Optical Reference Line Method, 
First Edition, March 1989; reaffirmed April 2019 (including Addendum 1, 
October 2019); incorporated by reference at Sec.  250.1202;
* * * * *
    (11) API MPMS Chapter 3--Tank Gauging, Section 1B--Standard 
Practice for Level Measurement of Liquid Hydrocarbons in Stationary 
Tanks by Automatic Tank Gauging, Second Edition, June 2001; reaffirmed 
February 2016; incorporated by reference at Sec.  250.1202;
    (12) API MPMS Chapter 4--Proving Systems, Section 1--Introduction, 
Third Edition, February 2005; reaffirmed June 2014; incorporated by 
reference at Sec.  250.1202;
* * * * *
    (14) API MPMS Chapter 4--Proving Systems, Section 4--Tank Provers, 
Second Edition, May 1998, reaffirmed May 2015; incorporated by 
reference at Sec.  250.1202;
* * * * *
    (16) API MPMS Chapter 4--Proving Systems, Section 6--Pulse 
Interpolation,

[[Page 84237]]

Second Edition, May 1999; Errata April 2007; reaffirmed October 2013; 
incorporated by reference at Sec.  250.1202;
* * * * *
    (20) API MPMS Chapter 5--Metering, Section 2--Measurement of Liquid 
Hydrocarbons by Displacement Meters, Third Edition, September 2005; 
reaffirmed July 2015; incorporated by reference at Sec.  250.1202;
    (21) API MPMS Chapter 5--Metering, Section 3--Measurement of Liquid 
Hydrocarbons by Turbine Meters, Fifth Edition, September 2005; 
reaffirmed August 1, 2014; incorporated by reference at Sec.  250.1202;
    (22) API MPMS Chapter 5--Metering, Section 4--Accessory Equipment 
for Liquid Meters, Fourth Edition, September 2005; reaffirmed August 
2015; incorporated by reference at Sec.  250.1202;
    (23) API MPMS Chapter 5--Metering, Section 5--Fidelity and Security 
of Flow Measurement Pulsed-Data Transmission Systems, Second Edition, 
August 2005; reaffirmed August 2015; incorporated by reference at Sec.  
250.1202;
    (24) API MPMS Chapter 5--Metering, Section 6--Measurement of Liquid 
Hydrocarbons by Coriolis Meters; First Edition, October 2002; 
reaffirmed November 2013; incorporated by reference at Sec.  250.1202;
* * * * *
    (26) API MPMS Chapter 6--Metering Assemblies, Section 1--Lease 
Automatic Custody Transfer (LACT) Systems, Second Edition, May 1991; 
reaffirmed May 2012; incorporated by reference at Sec.  250.1202;
    (27) API MPMS Chapter 6--Metering Assemblies, Section 6--Pipeline 
Metering Systems, Second Edition, May 1991; reaffirmed December 2017; 
incorporated by reference at Sec.  250.1202;
    (28) API MPMS Chapter 6--Metering Assemblies, Section 7--Metering 
Viscous Hydrocarbons, Second Edition, May 1991; reaffirmed March 2018; 
incorporated by reference at Sec.  250.1202;
* * * * *
    (34) API MPMS Chapter 10--Sediment and Water, Section 1--Standard 
Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction 
Method, Third Edition, November 2007; reaffirmed October 2012; 
incorporated by reference at Sec.  250.1202;
* * * * *
    (43) API MPMS, Chapter 12--Calculation of Petroleum Quantities, 
Section 2--Calculation of Petroleum Quantities Using Dynamic 
Measurement Methods and Volumetric Correction Factors, Part 1--
Introduction, Second Edition, May 1995; reaffirmed March 2014; 
incorporated by reference at Sec.  250.1202;
    (44) API MPMS, Chapter 12--Calculation of Petroleum Quantities, 
Section 2--Calculation of Petroleum Quantities Using Dynamic 
Measurement Methods and Volumetric Correction Factors, Part 2--
Measurement Tickets, Third Edition, June 2003; reaffirmed February 
2016; incorporated by reference at Sec.  250.1202;
    (45) API MPMS Chapter 12--Calculation of Petroleum Quantities, 
Section 2--Calculation of Petroleum Quantities Using Dynamic 
Measurement Methods and Volumetric Correction Factors, Part 3--Proving 
Reports; First Edition, October 1998, reaffirmed March 2014; 
incorporated by reference at Sec.  250.1202(a) and (g);
    (46) API MPMS Chapter 12--Calculation of Petroleum Quantities, 
Section 2--Calculation of Petroleum Quantities Using Dynamic 
Measurement Methods and Volumetric Correction Factors, Part 4--
Calculation of Base Prover Volumes by the Waterdraw Method, First 
Edition, December 1997; reaffirmed September 2014; incorporated by 
reference at Sec.  250.1202(a), (f), and (g);
* * * * *
    (50) API MPMS, Chapter 14.5/GPA Standard 2172-09; Calculation of 
Gross Heating Value, Relative Density, Compressibility and Theoretical 
Hydrocarbon Liquid Content for Natural Gas Mixtures for Custody 
Transfer; Third Edition, January 2009; reaffirmed February 2014; 
incorporated by reference at Sec.  250.1203;
* * * * *
    (55) API MPMS Chapter 21--Flow Measurement Using Electronic 
Metering Systems, Section 2--Electronic Liquid Volume Measurement Using 
Positive Displacement and Turbine Meters; First Edition, June 1998; 
reaffirmed October 2016; incorporated by reference at Sec.  
250.1202(a);
* * * * *

Subpart L--Oil and Gas Production Measurement, Surface Commingling, 
and Security


Sec.  250.1203   [AMENDED]

0
3. In Sec.  250.1203(b)(4), at the end of the last sentence, add 
``(incorporated by reference as specified in Sec.  250.198)''.

[FR Doc. 2020-27238 Filed 12-23-20; 8:45 am]
BILLING CODE 4310-VH-P