Oil and Gas and Sulfur Operations in the Outer Continental Shelf-Reaffirmation of Standard Editions Related to the Manual of Petroleum Measurement Standards
| Published date | 28 December 2020 |
| Citation | 85 FR 84230 |
| Record Number | 2020-27238 |
| Section | Rules and Regulations |
| Court | Safety And Environmental Enforcement Bureau |
Federal Register, Volume 85 Issue 248 (Monday, December 28, 2020)
[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
