[Federal Register Volume 77, Number 61 (Thursday, March 29, 2012)]
[Rules and Regulations]
[Pages 18916-18922]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7324]
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DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental Enforcement
30 CFR Part 250
[Docket ID BSEE-2012-0003]
RIN 1014-AA01
Production Measurement Documents Incorporated by Reference
AGENCY: Bureau of Safety and Environmental Enforcement (BSEE),
Interior.
ACTION: Final rule.
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SUMMARY: BSEE is establishing a final rule to incorporate by reference
12 additional production measurement industry standards into the
regulations governing oil, gas, and sulphur operations in the Outer
Continental Shelf. Incorporation of these production measurement
standards provides industry with up-to-date standards for measuring oil
and gas production volumes. This rule will result in more accurate and
efficient measurement of oil and gas production.
DATES: Effective Date: This final rule becomes effective on May 29,
2012. The incorporation by reference of certain publications listed in
the rule is approved by the Director of the Federal Register as of May
29, 2012.
FOR FURTHER INFORMATION CONTACT: Wilbon Rhome, Regulations and
Standards Branch, at Wilbon.Rhome@BSEE.gov, 703-787-1587.
SUPPLEMENTARY INFORMATION: This Final Rule falls under the authority of
BSEE and as such, new Regulation Identifier Number (RIN) and Docket ID
numbers were assigned to this rulemaking. The new RIN for this Final
Rule is 1014-AA01, will replace RIN 1010-AD53 from the proposed rule.
The Docket is now BSEE-2012-0003, replacing BOEM-2010-0033.
BSEE 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
Outer Continental Shelf (OCS). This practice, known as incorporation by
reference, allows BSEE to incorporate the requirements of technical
documents into the regulations at 30 CFR 250.198 without increasing the
volume of the Code of Federal Regulations (CFR).
The regulations found at 1 CFR part 51 govern how BSEE and other
Federal agencies incorporate by reference the requirements found in
various documents. Agencies can incorporate by reference only through
publication in the Federal Register. Agencies must also obtain 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. Accordingly, newer editions, amendments, or
revisions to documents already incorporated by reference in regulations
are not part of BSEE regulations.
In some cases, BSEE may not agree with a standard or a specific
section in a standard. As a result, a standard may not be included in
the regulations at all or only a portion may be included.
Why Technical Standards Are Important
Industry standards incorporated in BSEE regulations are invaluable
for a variety of reasons. In some instances they enable us to avoid
unnecessarily detailed regulations. They have helped us to evolve from
a regulatory process that reacts to inadequacies in OCS operations to a
more orderly process that recognizes technical innovation and
progressive ideas aimed at improving performance, safety, and
efficiencies. Industry standards are also important because the law
mandates their use by Federal agencies under certain circumstances.
Legal and Policy Mandates
Legal and Policy mandates to Federal agencies, including BSEE, to
use industry standards include the following:
In October 1993, the Office of Management and Budget (OMB)
issued a revised Circular A-119 entitled, ``Federal Participation in
the Development and Use of Voluntary Standards''. This Circular
established the policy for participation by Federal employees in the
development of technical standards and the use of voluntary standards
by Federal agencies.
In March 1996, President Clinton codified this OMB policy
into Federal
[[Page 18917]]
law when he signed the National Technology Transfer and Advancement Act
(NTTAA). This Act requires Federal agencies to achieve greater reliance
on technical standards developed or adopted by voluntary consensus
bodies, that are consistent with the agency's mission, with lessened
dependence on in-house regulations.
A final revision of OMB Circular A-119 was issued
effective February 19, 1998. The Circular now directs agencies to use
voluntary consensus standards in lieu of government-unique standards
except where inconsistent with law or otherwise impractical. The
policies in this Circular are intended to reduce to a minimum the
reliance by agencies on government-unique standards.
Summary of Documents Incorporated by Reference in This Rule
BSEE is incorporating the requirements found in 12 measurement
documents (nine American Petroleum Institute (API) and three American
Gas Association (AGA) documents) to add the most current and updated
measurement standards to provide industry with up-to-date guidance for
measurement technology. The incorporation of these additional standards
will promote the use of the best available and most accurate
measurement technologies while operating in the OCS.
Measurement documents were chosen for incorporation into the
regulations based on the latest technological advances introduced in
these standards and highlighted in the synopsis below. BSEE, with the
cooperation of independent reviewers from industry and academia,
reviewed and commented on the contents of these documents in the course
of their development. To ensure as consistent an approach as possible
to onshore and offshore oil and gas measurement regulations the
Department of the Interior's Gas and Oil Measurement Team (GOMT)
reviewed the standards proposed for incorporation in this final rule.
The GOMT, composed of BLM and BSEE oil and gas measurement experts, was
established in August 2010 to provide technical and regulatory
expertise to help ensure that oil and gas produced from Federal and
Indian leases are accurately measured and properly reported and to
provide greater regulatory consistency within the Department where
possible.
Based on its review, BSEE determined that three of the standards in
the proposed rule would not be included in this final rule. These
standards may be further considered in subsequent rulemakings. The
following three API standards are not included in this Final Rule
because they are generally not applicable to offshore operations:
API MPMS Chapter 2.2E--Petroleum and Liquid Petroleum
Products--Calibration of Horizontal Cylindrical Tanks-Part 1: Manual
Methods, First Edition, April 2004, ISO 12917-1: 2002 (Identical),
Petroleum and liquid petroleum products--Calibration of horizontal
cylindrical tanks--Part 1: Manual methods;
API MPMS Chapter 2.2F--Petroleum and Liquid Petroleum
Products--Calibration of Horizontal Cylindrical Tanks--Part 2: Internal
Electro-optical Distance-Ranging Method, First Edition, April 2004, ISO
12917-2:2002 (Identical), Petroleum and liquid petroleum products--
Calibration of horizontal cylindrical tanks--Part 2: Internal electro-
optical distance-ranging method; and
API MPMS Chapter 12--Manual of Petroleum Measurement
Standards Chapter 12--Calculation of Petroleum Quantities, Section 2--
Calculation of Petroleum Quantities Using Dynamic Measurement Methods
and Volumetric Correction Factors, Part 5--Calculation of Base Prover
Volume by Master Meter Method; First Edition, September 2001;
Reaffirmed October 2006.
BSEE regularly participates in the reviews, revisions, and updates
of standards to determine if additional versions should be incorporated
into our regulations. Additions may be necessary because of changes in
technology, environmental concerns, or operational incidents or trends
in industry. Also, BSEE may request that a standard-writing body
develop a new standard based on incident analysis or due to the
introduction of new exploration or production techniques or new
technologies.
BSEE has reviewed the following requirements in the nine documents
discussed below and has decided to incorporate the documents into the
regulations at 30 CFR part 250 to ensure that industry uses the best
available and most accurate measurement technologies. BSEE review shows
that using the standards contained in these documents will not impose
significant additional costs on the offshore oil and gas industry.
A summary of BSEE's review of the documents is provided below:
AGA Report No. 7--Measurement of Natural Gas by Turbine
Meters; Revised February 2006:
This standard applies to the installation, calibration, and
operation of axial-flow turbine flow meters for measurement of natural
gas, typically 2-inch and larger bore diameter, in which the entire gas
stream flows through the meter rotor. Typical applications include
measuring single-phase gas flow found in production, process,
transmission, storage, distribution, and end-use gas measurement
systems.
AGA Report No. 9--Measurement of Gas by Multipath
Ultrasonic Meters; Second Edition, April 2007:
This standard describes the optimum conditions and best practices
for multipath ultrasonic transit-time flow meters used for the
measurement of natural gas. Multipath ultrasonic meters have at least
two independent pairs of measuring transducers (acoustic paths).
Typical applications include measuring the flow of gas through
production facilities, transmission pipelines, storage facilities,
distribution systems, and large end-use customer meter sets. BSEE
currently requires multipath ultrasonic meters used for gas royalty or
allocation measurement to contain at least three independent pairs of
measuring transducers, and that requirement remains unchanged.
AGA Report No. 10--Speed of Sound in Natural Gas and Other
Related Hydrocarbon Gases; January 2003:
This standard contains information for computation of the speed of
sound in natural gas and other related hydrocarbon gases. Procedures
are included for computation of several related gas properties,
including heat capacity, enthalpy, and the critical flow coefficient
for sonic nozzles.
API MPMS Chapter 4--Manual of Petroleum Measurement
Standards Chapter 4--Proving Systems, Section 8--Operation of Proving
Systems; First Edition, November 1995; Reaffirmed March 2007:
This standard provides information on operating meter provers in
single-phase liquid hydrocarbons, though much of the information
provided is applicable to other fluids. It is intended for use as a
reference manual for operating proving systems.
API MPMS Chapter 5--Manual of Petroleum Measurement
Standards Chapter 5--Metering, Section 6--Measurement of Liquid
Hydrocarbons by Coriolis Meters; First Edition, October 2002;
Reaffirmed March 2008:
This standard is applicable to custody transfer applications for
liquid hydrocarbons. Topics covered are:
[cir] Applicable API standards used in the operation of Coriolis
meters;
[cir] Proving and verification using both mass and volume-based
methods; and
[cir] Installation, operation, and maintenance.
The mass and volume-based calculation procedures for proving and
[[Page 18918]]
quantity determination are included in this document. Additionally, the
Coriolis meter is capable of simultaneously determining density;
however, this document does not address its use as a stand-alone
densitometer.
API MPMS Chapter 5--Manual of Petroleum Measurement
Standards Chapter 5--Metering, Section 8--Measurement of Liquid
Hydrocarbons by Ultrasonic Flow Meters Using Transit Time Technology;
First Edition, February 2005:
This standard defines the application criteria for Ultrasonic Flow
Meters (UFMs) and addresses the appropriate considerations regarding
the liquids to be measured. Also, this document addresses the
installation, operation, and maintenance of UFMs in liquid hydrocarbon
service. This standard pertains only to spool type, two-or more-path
ultrasonic flow meters with permanently affixed transducer assemblies.
While this document was specifically written for custody transfer
measurement, other acceptable applications may include allocation
measurement, check meter measurement, and leak detection measurement.
API MPMS Chapter 11--Manual of Petroleum Measurement
Standards Chapter 11--Physical Properties Data, Section 1--Temperature
and Pressure Volume Correction Factors for Generalized Crude Oils,
Refined Products, and Lubricating Oils; May 2004; Addendum 1, September
2007:
This standard provides the algorithm and implementation procedure
for the correction of temperature and pressure effects on density and
volume of liquid hydrocarbons which fall within the categories of crude
oil, refined products, or lubricating oils. Natural gas liquids and
liquid petroleum gases are excluded from this standard. The combination
of density and volume correction factors for both temperature and
pressure is collectively referred to in this standard as a Correction
for Temperature and Pressure of a Liquid. The temperature portion of
this correction is termed the Correction for the effect of Temperature
on Liquid, also historically known as Volume Correction Factor. The
pressure portion is termed the Correction for the effect of Pressure on
Liquid.
API MPMS Chapter 12--Manual of Petroleum Measurement
Standards 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 2009:
This standard 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. No deviations from these specified
equations are permitted, since the intent of this document is to
establish a rigorous standard.
API MPMS Chapter 12--Manual of Petroleum Measurement
Standards 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 2009:
This standard 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. Part 4 of this standard discusses the
calculation procedures for the waterdraw calibration method. It is
important to point out that this publication specifies the equations
for computing correction factors, rules for rounding, the sequence of
the calculations, and discrimination levels of all numbers to be used
in these calculations. No deviations from these specifications are
permitted since the intent of this document is to serve as a rigorous
standard.
API MPMS, Chapter 21--Manual of Petroleum Measurement
Standards Chapter 21--Flow Measurement Using Electronic Metering
Systems, Section 2--Electronic Liquid Volume Measurement Using Positive
Displacement and Turbine Meters; First Edition, June 1998:
This standard provides guidance for effective utilization of
electronic liquid measurement systems for custody transfer measurement
of liquid hydrocarbons. The guidance applies to systems using turbine
or positive displacement meters. The procedures and techniques
discussed in the document are recommended for use with new measurement
applications. Liquid measurement using existing equipment and
techniques not in compliance with this standard may have a higher
uncertainty than liquid measurement based on the recommendations
contained in this document.
API MPMS Chapter 21--Manual of Petroleum Measurement
Standards Chapter 21--Flow Measurement Using Electronic Metering
Systems, Addendum to Section 2--Flow Measurement Using Electronic
Metering Systems, Inferred Mass; First Edition, August 2000; Reaffirmed
February 2006:
This standard specifically covers inferred mass measurement systems
utilizing flow computers as the tertiary flow calculation device and
either turbine or displacement-type meters, working with on-line
density meters, as the primary measurement devices. The procedures and
techniques discussed in this document are required for use with new
measurement applications. Liquid measurement using existing equipment
and techniques not in compliance with this standard may have a higher
uncertainty than liquid measurement based on the recommendations
contained in this document.
API RP 86, API Recommended Practice for Measurement of
Multiphase Flow; First Edition, September 2005:
This recommended practice addresses how the user measures
(multiphase) flow rates of oil, gas, water, and any other fluids that
are present in the effluent stream. This recommended practice requires
the definition not only of the methodology that is to be employed, but
also the provision of evidence that this methodology will produce a
quality measurement in the intended environment. It is intended that
this recommended practice be used in conjunction with other similar
documents to guide the user toward good measurement practice in
upstream hydrocarbon production applications. The term ``upstream''
refers to those measurement points prior to, but not including, the
custody transfer point.
Comments on the Proposed Rule
On November 26, 2010, the former Bureau of Ocean Energy Management
Regulation, and Enforcement (BOEMRE) published a rule proposing to
incorporate 15 additional production measurement industry standards
into
[[Page 18919]]
the regulations governing oil, gas, and sulphur operations in the Outer
Continental Shelf (75 FR 72761). The public comment period ended on
January 25, 2011. BOEMRE received only two sets of comments on the
proposed rule; one set from API, the other set was consolidated
comments from the API, International Association of Drilling
Contractors, Independent Petroleum Association of America, National
Ocean Industries Association, Offshore Operators Committee, and US Oil
and Gas Association. Some of the comments raised issues related to
another rulemaking; those issues are not included in the discussion of
comments on this rulemaking. You may view these comments on BSEE's Web
site at: http://www.BSEE.gov/federalregister/2010.htm.
Discussion of Comments
Comment: API's standards committees comply with the American
National Standards Institute (ANSI)-approved procedures for standards
development which, among other things, require API standards to be
reviewed every five years. The comment stated that API acknowledges
that the proposed rule refers to the latest editions of the API
standards listed in the proposed rule. API further commented,
``However, we would like to point out that a number of these standards
are under revision, consistent with API's ANSI-approved procedures for
standards development. As a result, new or revised editions will likely
be published before the end of the year for a number of standards cited
in the proposed rule, including:
API MPMS Chapter 4.8 Operation of Proving Systems;
API MPMS Chapter 5.8 Measurement of Liquid Hydrocarbons by
Ultrasonic Flow Meters Using Transit Time Technology;
API RP 86 Recommended Practice for Measurement of Multiphase Flow
(to be replaced by API MPMS Chapter 20.3 Measurement of Multiphase
Flow).''
Response: New or revised editions of the standards cited by API may
be considered for possible incorporation either in whole or in part
into BSEE's regulations at the appropriate time. Of the documents
suggested for incorporation, only the new edition of API MPMS Chapter
5.8 has been published; the other documents are still under
development. API MPMS Chapter 5.8 was recently released and BSEE is
reviewing to determine if it wants to incorporate it in the future.
BSEE will review revised or new standards when they are released and
will prepare a Notice of Proposed Rulemaking if it decides to
incorporate any or all of these three new editions. However, BSEE does
not believe it is in the best interest of either the government or the
industry to delay this rulemaking to incorporate the one recently
released new standard or to wait for the publication of the other
standards. Therefore, BSEE will move forward with the incorporation by
reference of 12 additional standards in the form that they existed at
the time BSEE completed its review of the standards for purposes of
this Final Rule. These standards will result in more accurate and
efficient measurement of oil and gas production in the OCS.
Comment: API asked BSEE to clarify the intent of the new 30 CFR
250.198(a)(3), promulgated as part of an Interim Final Rule, Increased
Safety Measures for Energy Development on the Outer Continental Shelf,
published on October 14, 2010 (75 FR 63346) and requested that BSEE
give additional clarification on what is actually intended by the
provision presented in that rule at 30 CFR 250.198(a)(3), and what is
required.
Response: This comment is beyond the scope of this rulemaking. The
revised language was published in another proposed rule and BSEE will
address this comment when that final rule is published.
Availability of Incorporated Documents for Public Viewing
When a copyrighted technical industry standard is incorporated by
reference into the agency's regulations, BSEE is obligated to observe
and protect that copyright. BSEE provides members of the public with
Web site 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 the standard-developing organization. API provides free
online public access to 160 key industry standards, including a broad
range of technical standards. The standards represent almost one-third
of all API standards and include all that are safety-related or have
been incorporated into Federal regulations, including the standards in
this rule, as of the effective date. The newly accessible standards
will be available for review online, and hardcopies and printable
versions will continue to be available for purchase. BSEE is
incorporating both API and AGA standards. The addresses to these Web
site locations are:
API Standard/Document Contact IHS at 1-800-854-7179 or 303-397-7956
Local and International, http://www.global.ihs.com; and AGA Standard/
Document 1-800-699-9277 Toll free in US & Canada http://www.techstreet.com/contact.tmpl. You may view or purchase these API
documents at: http://www.api.org/.
For the convenience of the viewing public who may not wish to
purchase or view these final documents online, they may be inspected at
the Bureau of Safety and Environmental Enforcement, 381 Elden Street,
Room 3313, Herndon, Virginia 20170; phone: 703-787-1587; or at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
These documents, now incorporated in the final rule, 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.
Procedural Matters
Regulatory Planning and Review (Executive Orders 12866 and 13563)
This final rule is not a significant rule as determined by the
Office of Management and Budget (OMB) and is not subject to review
under E.O. 12866. This final rule:
(1) Will not have an annual effect of $100 million or more on the
economy. It will not adversely affect in a material way the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or communities. The
primary purpose of this final rule is to add the most current and
updated measurement standards so that lessees use new measurement
technology. BSEE believes that these additional standards will not
result in any significant additional costs. The benefits of the final
changes in this rule justify the negligible cost incurred by the
offshore oil and gas industry. The cost to the industry in most cases
will be minor equipment modification or replacement, some additional
training and the purchase price of these documents. Compliance with the
standards in the editions of these documents incorporated by reference
will assure the use of the best available and most accurate measurement
technologies for operations on the OCS.
(2) Will not create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency because it does not
[[Page 18920]]
affect the work of other agencies or hinder other agencies from taking
action.
(3) Will not materially alter the budgetary effects or
entitlements, grants, user fees, or loan programs or the rights or
obligations of their recipients.
(4) Will not raise novel, legal, or policy issues arising out of
legal mandates, the President's priorities, or the principles set forth
in E.O. 12866.
Executive Order 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.
The executive order 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 emphasizes further
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. This final rule has been developed in a manner
consistent with these requirements.
Regulatory Flexibility Act
The Department of the Interior certifies that this final rule will
not have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
This final rule will affect lessees and operators of oil and gas
leases in the OCS. This includes approximately 130 active Federal oil
and gas lessees. Lessees that conduct business under this rule are
coded under the Small Business Administration's (SBA) North American
Industry Classification System (NAICS) codes 211111, Crude Petroleum
and Natural Gas Extraction, and 213111, Drilling Oil and Gas Wells. For
these NAICS code classifications, a small company is defined as one
with fewer than 500 employees. BSEE estimates that approximately 70
percent of the 130 lessees and operators that explore for and produce
oil and gas on the OCS meet the definition of a small company. This
rule, which will incorporate 15 additional standards, will not have a
significant economic effect on a substantial number of small companies
because the newly incorporated standards will not impose significant
costs or burdens on any lessees or operators. Therefore, the primary
economic effect of this rule on small business will be the nominal cost
associated with the purchase of the standards.
Your comments are important. The Small Business and Agriculture
Regulatory Enforcement Ombudsman and 10 Regional Fairness Boards were
established to receive comments from small businesses about Federal
agency enforcement actions. The Ombudsman will annually evaluate the
enforcement activities and rate each agency's responsiveness to small
business. If you wish to comment on the actions of BSEE, call 1-888-
734-3247. You may comment to the Small Business Administration without
fear of retaliation. Allegations of discrimination/retaliation filed
with the Small Business Administration will be investigated for
appropriate action.
Small Business Regulatory Enforcement Fairness Act
The final rule is not a major rule under the Small Business
Regulatory Enforcement Fairness Act (5 U.S.C. 801 et seq.). This final
rule:
a. Will not have an annual effect on the economy of $100 million or
more.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions. The cost to comply with the rule will
virtually be the same as current requirements.
c. Will not have a significant adverse effect on competition,
employment, investment, productivity, innovation, or ability of U.S.-
based enterprises to compete with foreign-based enterprises. The
requirements will apply to all entities operating on the OCS.
Unfunded Mandates Reform Act of 1995
This final rule will not impose an unfunded mandate on State,
local, or tribal governments or the private sector of more than $100
million per year. The final rule will not have a significant or unique
effect on State, local, or tribal governments or the private sector. A
statement containing the information required by the Unfunded Mandates
Reform Act (2 U.S.C. 1501 et seq.) is not required.
Takings Implication Assessment (E.O. 12630)
Under the criteria in E.O. 12630, this final rule does not have
significant takings implications. The final rule is not a governmental
action capable of interference with constitutionally protected property
rights. A Takings Implication Assessment is not required.
Federalism (E.O. 13132)
Under the criteria in E.O. 13132, this final rule does not have
federalism implications. This final rule will not substantially and
directly affect the relationship between the Federal and State
governments. To the extent that State and local governments have a role
in OCS activities, this final rule will not affect that role. A
Federalism Assessment is not required.
Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of E.O. 12988.
Specifically, this rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Consultation With Indian Tribes (E.O. 13175)
Under the criteria in E.O. 13175, we have evaluated this final rule
and determined that it has no potential effects on federally recognized
Indian tribes. There are no Indian or tribal lands in the OCS. Nor are
tribally owned businesses subject to the regulation.
Paperwork Reduction Act
The final revisions do not contain any information collection
subject to the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et. seq.);
therefore, a submission to OMB for review and approval is not required.
National Environmental Policy Act of 1969 (NEPA)
This final rule does not constitute a major Federal action
significantly affecting the quality of the human environment. BSEE has
analyzed this final rule under the criteria of NEPA and 43 CFR part 46.
This final rule meets the criteria set forth in 43 CFR 46.210(i) for a
Departmental ``Categorical Exclusion'' in that this final rule is ``* *
* of an administrative, financial, legal, technical, or procedural
nature * * *.'' This final rule also meets the criteria set forth in
516 Departmental Manual 15.4(C)(1) for a BSEE ``Categorical Exclusion''
in that its impacts are limited to administrative, economic or
technological effects. We have also determined that the rule does not
involve any of the extraordinary circumstances listed in 43 CFR 46.215
that will require further analysis under NEPA.
[[Page 18921]]
Data Quality Act
In developing this rule, BSEE 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 Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in E.O. 13211. A Statement of Energy Effects is not required.
List of Subjects in 30 CFR Part 250
Continental shelf, Incorporation by reference, Public lands--
mineral resources, Reporting and recordkeeping requirements.
Dated: March 16, 2012.
Marcilynn A. Burke,
Acting Assistant Secretary--Land and Minerals Management.
For the reasons stated in the preamble, BSEE proposes to amend 30
CFR part 250 as follows:
PART 250--OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER
CONTINENTAL SHELF
0
1. The authority citation for part 250 continues to read as follows:
Authority: 31 U.S.C. 9701, 43 U.S.C. 1334.
0
2. Amend Sec. 250.198 by:
0
a. Removing paragraph (h)(75) and redesignating (h)(76) through (h)(80)
as (h)(75) through (h)(79); and
0
b. Adding paragraphs (h)(80) through (h)(88) and (l) to read as
follows:
Sec. 250.198 Documents incorporated by reference.
* * * * *
(h) * * *
(80) API Manual of Petroleum Measurement Standards (MPMS) Chapter
4--Proving Systems, Section 8--Operation of Proving Systems; First
Edition, reaffirmed March 2007; incorporated by reference at Sec.
250.1202(a)(2), (a)(3), (f)(1), and (g);
(81) API Manual of Petroleum Measurement Standards (MPMS) Chapter
5--Metering, Section 6--Measurement of Liquid Hydrocarbons by Coriolis
Meters; First Edition, reaffirmed March 2008; incorporated by reference
at Sec. 250.1202(a)(2) and (3);
(82) API Manual of Petroleum Measurement Standards (MPMS) Chapter
5--Metering, Section 8--Measurement of Liquid Hydrocarbons by
Ultrasonic Flow Meters Using Transit Time Technology; First Edition,
February 2005; incorporated by reference at Sec. 250.1202(a)(2) and
(3);
(83) API Manual of Petroleum Measurement Standards (MPMS) Chapter
11--Physical Properties Data, Section 1--Temperature and Pressure
Volume Correction Factors for Generalized Crude Oils, Refined Products,
and Lubricating Oils; May 2004, (incorporating Addendum 1, September
2007); incorporated by reference at Sec. 250.1202(a)(2), (a)(3), (g),
and (l)(4);
(84) 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 3--Proving Reports; First Edition, reaffirmed
2009; incorporated by reference at Sec. 250.1202(a)(2), (a)(3), and
(g);
(85) 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, reaffirmed 2009; incorporated by
reference at Sec. 250.1202(a)(2), (a)(3), (f)(1), and (g);
(86) API Manual of Petroleum Measurement Standards (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; incorporated by reference at
Sec. 250.1202(a)(2);
(87) API Manual of Petroleum Measurement Standards Chapter 21--Flow
Measurement Using Electronic Metering Systems, Addendum to Section 2--
Flow Measurement Using Electronic Metering Systems, Inferred Mass;
First Edition, reaffirmed February 2006; incorporated by reference at
Sec. 250.1202(a)(2);
(88) API RP 86, API Recommended Practice for Measurement of
Multiphase Flow; First Edition, September 2005; incorporated by
reference at Sec. 250.1202(a)(2), (a)(3), and Sec. 250.1203(b)(2).
* * * * *
(l) American Gas Association (AGA Reports), 400 North Capitol
Street, NW., Suite 450, Washington, DC 20001, http://www.aga.org;
phone: 202-824-7000;
(1) AGA Report No. 7--Measurement of Natural Gas by Turbine Meters;
Revised February 2006; incorporated by reference at Sec.
250.1203(b)(2);
(2) AGA Report No. 9--Measurement of Gas by Multipath Ultrasonic
Meters; Second Edition, April 2007; incorporated by reference at Sec.
250.1203(b)(2);
(3) AGA Report No. 10--Speed of Sound in Natural Gas and Other
Related Hydrocarbon Gases; Copyright 2003; incorporated by reference at
Sec. 250.1203(b)(2).
0
3. In Sec. 250.1202, revise paragraphs (a)(2) and (3), (f)(1), (g)
introductory text and (g)(1) through (4), and (l)(4) to read as
follows:
Sec. 250.1202 Liquid hydrocarbon measurement.
* * * * *
(a) * * *
(2) Use measurement equipment and procedures that will accurately
measure the liquid hydrocarbons produced from a lease or unit to comply
with the following additional API MPMS industry standards or API RP:
(i) API MPMS, Chapter 4, Section 8 (incorporated by reference as
specified in Sec. 250.198);
(ii) API MPMS, Chapter 5, Section 6 (incorporated by reference as
specified in Sec. 250.198);
(iii) API MPMS, Chapter 5, Section 8 (incorporated by reference as
specified in Sec. 250.198);
(iv) API MPMS, Chapter 11, Section 1 (incorporated by reference as
specified in Sec. 250.198);
(v) API MPMS Chapter 12, Section 2, Part 3 (incorporated by
reference as specified in Sec. 250.198);
(vi) API MPMS Chapter 12, Section 2, Part 4 (incorporated by
reference as specified in Sec. 250.198);
(vii) API MPMS, Chapter 21, Section 2 (incorporated by reference as
specified in Sec. 250.198);
(viii) API MPMS, Chapter 21, Addendum to Section 2 (incorporated by
reference as specified in Sec. 250.198);
(ix) API RP 86 (incorporated by reference as specified in Sec.
250.198);
(3) Use procedures and correction factors according to the
applicable chapters of the API MPMS or RP as incorporated by reference
in 30 CFR 250.198, including the following additional editions:
(i) API MPMS, Chapter 4, Section 8 (incorporated by reference as
specified in Sec. 250.198);
(ii) API MPMS, Chapter 5, Section 6 (incorporated by reference as
specified in Sec. 250.198);
(iii) API MPMS, Chapter 5, Section 8 (incorporated by reference as
specified in Sec. 250.198);
(iv) API MPMS Chapter 11, Section 1 (incorporated by reference as
specified in Sec. 250.198);
(v) API MPMS Chapter 12, Section 2, Part 3 (incorporated by
reference as specified in Sec. 250.198);
[[Page 18922]]
(vi) API MPMS Chapter 12, Section 2, Part 4 (incorporated by
reference as specified in Sec. 250.198);
(vii) API RP 86 (incorporated by reference as specified in Sec.
250.198); when obtaining net standard volume and associated measurement
parameters; and
* * * * *
(f) * * *
(1) Calibrate mechanical-displacement provers and tank provers at
least once every 5 years according to the API MPMS as incorporated by
reference in 30 CFR 250.198, including the following additional
editions:
(i) API MPMS, Chapter 4, Section 8 (incorporated by reference as
specified in Sec. 250.198);
(ii) API MPMS Chapter 12, Section 2, Part 4 (incorporated by
reference as specified in Sec. 250.198);
* * * * *
(g) * * * Calculate the following correction factors using the API
MPMS as referenced in 30 CFR 250.198, including the following
additional editions:
(1) API MPMS, Chapter 4, Section 8 (incorporated by reference as
specified in Sec. 250.198);
(2) API MPMS Chapter 11, Section 1 (incorporated by reference as
specified in Sec. 250.198);
(3) API MPMS Chapter 12, Section 2, Part 3 (incorporated by
reference as specified in Sec. 250.198);
(4) API MPMS Chapter 12, Section 2, Part 4 (incorporated by
reference as specified in Sec. 250.198);
* * * * *
(l) * * *
(4) Obtain the volume and other measurement parameters by using
corrections factors and procedures in the API MPMS as incorporated by
reference in 30 CFR 250.198, including: API MPMS Chapter 11, Section 1
(incorporated by reference as specified in Sec. 250.198).
0
4. Revise Sec. 250.1203(b)(2) to read as follows:
Sec. 250.1203 Gas measurement.
* * * * *
(b) * * *
(2) Design, install, use, maintain, and test measurement equipment
and procedures to ensure accurate and verifiable measurement. You must
follow the recommendations in API MPMS or RP and AGA as incorporated by
reference in 30 CFR 250.198, including the following additional
editions:
(i) API RP 86 (incorporated by reference as specified in Sec.
250.198);
(ii) AGA Report No. 7 (incorporated by reference as specified in
Sec. 250.198);
(iii) AGA Report No. 9 (incorporated by reference as specified in
Sec. 250.198);
(iv) AGA Report No. 10 (incorporated by reference as specified in
Sec. 250.198);
* * * * *
[FR Doc. 2012-7324 Filed 3-28-12; 8:45 am]
BILLING CODE 4310-VH-P