[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:
Exsec@ios.doi.gov.
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
