Production Measurement Documents Incorporated by Reference, 72761-72766 [2010-29645]
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Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Proposed Rules
Constituent Banks shall provide to
FHFA:
(1) A certified copy of the members’
resolution ratifying the merger
agreement, on which the members cast
their votes, from each Constituent Bank;
(2) A certification of the member vote
from the corporate secretary of each
Constituent Bank or from an
independent third party;
(3) Any required evidence that any
conditions imposed as part of the
preliminary approval granted under
§ 1278.5 have been satisfied; and
(4) The Disclosure Statement for each
Constituent Bank.
(b) Final determination. After FHFA
has received all materials required to be
provided under paragraph (a) of this
section, the Director shall, within thirty
(30) days, either grant or deny final
approval of the merger.
(1) If the Director grants final approval
of the merger:
(i) FHFA shall provide written notice
of the approval to each Constituent
Bank, as well as to each other Bank and
the Office of Finance;
(ii) The Constituent Banks shall file
with FHFA an organization certificate
for the Continuing Bank, executed by
the individuals who will constitute the
board of directors of the Continuing
Bank. Upon the acceptance of the
organization certificate by FHFA, the
Continuing Bank shall be a body
corporate operating under the approved
organization certificate, as of the
Effective Date, with all powers granted
to a Bank under the Bank Act; and
(iii) With respect to mergers that meet
the definition set forth in paragraph (1)
or (2) of the definition of ‘‘merger’’ in
§ 1278.1, the corporate existence of any
Constituent Bank that is not a
Continuing Bank shall cease as of the
Effective Date and the Continuing Bank
shall succeed to all rights, titles, powers,
privileges, books, records, assets and
liabilities of the Constituent Banks, as
provided in the merger agreement.
(2)(i) If preliminary approval has been
granted, the Director shall not deny final
approval of a merger other than
pursuant to a determination that—
(A) The member vote was not carried
out in accordance with the requirements
of § 1278.6;
(B) One or more Constituent Banks
failed to fulfill a condition of the
preliminary approval; or
(C) An event has occurred since the
time of the preliminary approval that
would have a significant adverse impact
on the future viability of the Continuing
Bank.
(ii) If the Director denies final
approval of a merger:
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(A) FHFA shall provide written notice
of the denial to each Constituent Bank,
as well as to each other Bank and the
Office of Finance; and
(B) The notice provided to the
Constituent Banks shall include a
statement of the reasons for the denial.
Regulations and Standards Branch
(RSB); 381 Elden Street, MS–4024,
Herndon, Virginia 20170–4817. Please
reference ‘‘Production Measurement
Documents Incorporated by Reference,
1010–AD53’’ in your comments and
include your name and return address.
Dated: November 19, 2010.
Edward J. DeMarco,
Acting Director, Federal Housing Finance
Agency.
Availability of Incorporated Documents
for Public Viewing
[FR Doc. 2010–29739 Filed 11–24–10; 8:45 am]
BILLING CODE 8070–01–P
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management,
Regulation and Enforcement
30 CFR Part 250
[Docket ID: BOEM–2010–0033]
RIN 1010–AD53
Production Measurement Documents
Incorporated by Reference
Bureau of Ocean Energy
Management, Regulation and
Enforcement (BOEMRE), Interior.
ACTION: Proposed rule.
AGENCY:
BOEMRE proposes to
incorporate by reference 15 new
production measurement industry
standards into the regulations governing
oil, gas, and sulphur operations in the
Outer Continental Shelf. Incorporation
of the production measurement
standards provides industry with up-todate guidance for measuring oil and gas
production volumes. This will result in
more efficient measurement of oil and
gas production.
DATES: Submit comments by January 25,
2011. BOEMRE may not fully consider
comments received after this date.
ADDRESSES: You may submit comments
on the rulemaking by any of the
following methods. Please use the
Regulation Identifier Number (RIN)
1010–AD53 as an identifier in your
message. See also Public Availability of
Comments under Procedural Matters.
• Federal eRulemaking Portal: https://
www.regulations.gov. In the entry titled
‘‘Enter Keyword or ID,’’ enter docket ID
BOEM–2010–0033 then click search.
Under the tab ‘‘View By Docket Folder’’
you can submit public comments and
view supporting and related materials
available for this rulemaking. BOEMRE
will post all comments.
• Mail or hand-carry comments to the
Department of the Interior; Bureau of
Ocean Energy Management, Regulation
and Enforcement; Attention:
SUMMARY:
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When a copyrighted technical
industry standard is incorporated by
reference into our regulations, BOEMRE
is obligated to observe and protect that
copyright. BOEMRE 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 decided by standard
developing organizations. The American
Petroleum Institute (API) will provide
free online public access to 160 key
industry standards, including a broad
range of technical standards once
changes to the API Web site are
complete. The standards represent
almost one-third of all API standards
and will include all that are safetyrelated or have been incorporated into
Federal regulations, including the
standards in this rule. The newly
accessible standards will be available
for review, and hardcopies and
printable versions will continue to be
available for purchase. We are
proposing to incorporate both API and
American Gas Association (AGA)
standards, and 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, https://
www.global.ihs.com and; AGA
Standard/Document 1–800–699–9277—
Toll free in US & Canada https://
www.techstreet.com/contact.tmpl.
For the convenience of the viewing
public who may not wish to purchase or
view these proposed documents online,
they may be inspected at the Bureau of
Ocean Energy Management, Regulation
and 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: https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
These documents, if 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
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Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Proposed Rules
30 CFR 250.198, Documents
Incorporated by Reference.
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FOR FURTHER INFORMATION CONTACT:
Wilbon Rhome, Regulations and
Standards Branch, at (703) 787–1587.
SUPPLEMENTARY INFORMATION: BOEMRE
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 BOEMRE 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). BOEMRE
currently incorporates by reference the
requirements found in 97 documents
into the offshore operating regulations.
The regulations found at 1 CFR part
51 govern how BOEMRE and other
Federal agencies incorporate the
requirements found in 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 BOEMRE
regulations.
In some cases, BOEMRE 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. This review process is
conducted by BOEMRE’s Subject Matter
Experts and Independent Reviewers as
necessary. Standards that are considered
for incorporation are subject to a sideby-side comparison of similar standards
also under consideration for proposed
incorporation into BOEMRE’s
regulations. Once this process is
complete, we make a final
determination whether incorporating a
standard(s) will fully address our
regulatory concerns. This is
accomplished by a final review of the
proposed standard and the regulation
that it would be incorporated into.
Based on this review criteria, BOEMRE
then makes a final determination either
to accept or reject the standard(s)
proposed for incorporation.
BOEMRE is proposing to incorporate
the requirements found in 15
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measurement documents (i.e., 12
American Petroleum Institute (API) and
3 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 new
standards will ensure that lessees use
the best available and most accurate
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.
BOEMRE, in cooperation with
independent reviewers from industry
and academia, reviews and comments
on the contents of these documents.
Additionally, since this is a proposed
rulemaking, public comments that we
receive from the regulated industry are
considered an unbiased and
independent review and may be
included in the final rule.
BOEMRE constantly participates in
the reviews, revisions, and updates of
standards to determine if new versions
should be incorporated into our
regulations. This may be necessary
because of changes in technology,
environmental concerns, or incidents or
trend in incidents. Also, we may request
that a standard writing body develop a
new standard based on incident analysis
or due to the introduction of new
technologies, such as deepwater
operations and floating production
systems.
BOEMRE has reviewed the following
requirements in these listed documents
and proposes they be incorporated into
the regulations at 30 CFR Part 250 to
ensure that industry uses the best
available and most accurate
measurement technologies. BOEMRE
review shows that the decision to use
these standards will not impose
additional costs on the offshore oil and
gas industry.
A summary of BOEMRE’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 2inch 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, and distribution
and end-use gas measurement systems.
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• 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.
BOEMRE currently requires multipath
ultrasonic meters used for gas royalty or
allocation measurement to contain at
least three independent pairs of
measuring transducers.
• AGA Report No. 10—Speed of
Sound in Natural Gas and Other
Related Hydrocarbon Gases; January
2003:
This standard contains information
for computation of 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.
At the request of API, Standard 2551,
Measurement and Calibration of
Horizontal Tanks, First Edition, 1965;
reaffirmed March 2002, has been
withdrawn and divided into two
separate standards as discussed below:
• API MPMS Chapter 2.2E—
Calibration of Horizontal Cylindrical
Tanks —Part 1: Manual Methods, First
Edition, April 2004:
This standard specifies manual
methods for the calibration of nominally
horizontal cylindrical tanks, installed at
a fixed location. It is applicable to
horizontal tanks up to 4 meters in
diameter and 30 meters in length. The
methods are applicable to insulated and
non-insulated tanks, either when they
are above ground or underground. The
methods are applicable to pressurized
tanks, and to both knuckle-dish-end and
flat-end cylindrical tanks as well as
elliptical and spherical head tanks.
Information is also provided to address
tanks over and above these dimensions.
• API MPMS Chapter 2.2F—
Calibration of Horizontal Cylindrical
Tanks —Part 2: Internal Electro-optical
Distance-Ranging Method, First Edition,
April 2004:
This standard specifies a method for
the calibration of horizontal cylindrical
tanks having diameters greater than 2
meters by means of internal
measurements using an electro-optical
distance-ranging instrument, and for the
subsequent compilation of tank-capacity
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tables. This method is known as the
internal electro-optical distance-ranging
(EODR) method.
• API MPMS 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 singlephase 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—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:
• Applicable API standards used in
the operation of Coriolis meters,
• Proving and verification using both
mass- and volume-based meters, and
• Installation, operation, and
maintenance.
The mass- and volume-based
calculation procedures for proving and
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—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 only
pertains 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—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
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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 consideration in 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—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—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 allows
different individuals, using various
computer languages on different
computer hardware (or manual
calculations), to arrive at identical
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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 rigorously specifies the
equations for computing correction
factors, rules for rounding, the sequence
of the calculations, and discriminations
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 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:
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 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. Part 5 of this standard
discusses the calculation procedures
required to determine the base prover
volume by the master meter method.
This document also specifies the
equations for computing correction
factors, rules for rounding, including the
calculational sequence, and
discrimination levels 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 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
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Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Proposed Rules
a higher uncertainty than liquid
measurement based on the
recommendations contained in this
document.
• API MPMS 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, 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 of a single well. This
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.
Procedural Matters
srobinson on DSKHWCL6B1PROD with PROPOSALS
Regulatory Planning and Review
(Executive Order (E.O.) 12866)
This proposed rule is a significant
rule as determined by the Office of
Management and Budget (OMB) and is
subject to review under E.O. 12866.
(1) This proposed rule would not have
an annual effect of $100 million or more
on the economy. It would 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 proposed rule is to add the most
current and updated measurement
standards so that lessees may use new
measurement technology. BOEMRE
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believes that these new standards will
provide guidance to lessees and
operators and would not result in any
additional costs.
(2) This proposed rule would not
create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency because it
does not harm other agencies, nor does
it hinder other agencies from taking
action.
(3) This proposed rule would not
materially alter the budgetary effects or
entitlements, grants, user fees, or loan
programs or the rights or obligations of
their recipients. The benefits of the
proposed changes in this rule justify the
negligible cost incurred by the offshore
oil and gas industry. The minor cost to
the industry in most cases would be
minor equipment modification or
replacement, some additional training
and the purchase price of the new
document. Additionally, these benefits
would add the most current and
updated measurement standards to
provide industry with up-to-date
guidance for measurement technology.
Requiring compliance with the
standards in the new editions of these
documents incorporated by reference
would assure the use of the best
available and most accurate
measurement technologies for
operations on the OCS.
(4) This proposed rule would raise
novel, legal, or policy issues arising out
of legal mandates, the President’s
priorities, or the principles set forth in
E.O. 12866.
Regulatory Flexibility Act
The Department of the Interior
certifies that this proposed rule would
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 proposed rule would 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. BOEMRE 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 proposes to
incorporate 15 new standards, would
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not have a significant economic effect
on a substantial number of small
companies because the newly
incorporated standards would not
impose significant costs or burdens on
any lessees or operators. Therefore, the
primary economic effect of this rule on
small business would 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
BOEMRE, 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 proposed rule is not a major rule
under the Small Business Regulatory
Enforcement Fairness Act (5 U.S.C. 801
et seq.). This proposed rule:
a. Would not have an annual effect on
the economy of $100 million or more.
The main purpose of this rule would be
to add industry standards to provide
industry with up-to-date guidance in the
use of new measurement technology.
b. Would 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 would be the same as
current requirements.
c. Would not have a significant
adverse effect on competition,
employment, investment, productivity,
innovation, or ability of U.S.-based
enterprises to compete with foreignbased enterprises. The requirements
would apply to all entities operating on
the OCS.
Unfunded Mandates Reform Act of 1995
This proposed rule would not impose
an unfunded mandate on State, local, or
Tribal governments or the private sector
of more than $100 million per year. The
proposed rule would 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.
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Takings Implication Assessment (E.O.
12630)
Under the criteria in E.O. 12630, this
proposed rule does not have significant
takings implications. The proposed 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
proposed rule does not have federalism
implications. This proposed rule would
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 proposed rule
would 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 proposed 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 Tribally owned
businesses subject to the regulation.
srobinson on DSKHWCL6B1PROD with PROPOSALS
Paperwork Reduction Act
The proposed revisions do not
contain any information collection and
do not require a submission to the
Office of Management and Budget for
review and approval under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
National Environmental Policy Act of
1969 (NEPA)
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 is not
required because the rule is covered by
a categorical exclusion. This rule is
excluded from the requirement to
prepare a detailed statement because it
falls within BOEMRE categorical
exclusion covering the ‘‘Issuance and
modification of regulations, Orders,
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Standards, Notices to Lessees and
Operators. Guidelines and field rules for
which the impacts are limited to
administrative, economic, or
technological effects and the
environmental impacts are minimal’’ are
categorically excluded under 516
Departmental Manual 15.4(C)(1). We
have also determined that the rule does
not involve any of the extraordinary
circumstances listed in 43 CFR 46.215
that would require further analysis
under the National Environmental
Policy Act.
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 § 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.
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:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use clear language rather than
jargon;
(d) Be divided into short sections and
sentences; and
(e) 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.
Public Availability of Comments
Before including your address, phone
number, e-mail 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.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
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cannot guarantee that we will be able to
do so.
List of Subjects in 30 CFR Part 250
Continental shelf, Incorporation by
reference, Public lands—mineral
resources, Reporting and recordkeeping
requirements.
Dated: November 18, 2010.
Ned Farquhar,
Deputy Assistant Secretary—Land and
Minerals Management.
For the reasons stated in the
preamble, BOEMRE proposes to amend
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: 31 U.S.C. 9701, 43 U.S.C. 1334.
2. Amend § 250.198 by:
a. Removing paragraph (h)(75) and
redesignating paragraphs (h)(76)
through (h)(80) as (h)(75) through
(h)(79) respectively;
b. Adding new paragraphs (h)(80)
through (h)(91); and
c. Adding new paragraph (l) to read as
follows:
§ 250.198 Documents incorporated by
reference.
*
*
*
*
*
(h) * * *
(80) API MPMS Chapter 2.2E—
Calibration of Horizontal Cylindrical
Tanks—Part 1: Manual Methods, First
Edition, April 2004, Order No.
HX202E01; incorporated by reference at
§ 250.1202(l)(4);
(81) API MPMS Chapter 2.2F—
Calibration of Horizontal Cylindrical
Tanks—Part 2: Internal Electro-optical
Distance-Ranging Method, First Edition,
April 2004, Order No. HH202F01;
incorporated by reference at
§ 250.1202(l)(4);
(82) API MPMS, Chapter 4—Proving
Systems, Section 8—Operation of
Proving Systems; First Edition,
November 1995; reaffirmed March 2007,
Order No. H04081; incorporated by
reference at § 250.1202(a)(3), (f)(1);
(83) API MPMS, Chapter 5—Metering,
Section 6—Measurement of Liquid
Hydrocarbons by Coriolis Meters; First
Edition, October 2002; reaffirmed March
2008, Order No. H05061; incorporated
by reference at § 250.1202(a)(3);
(84) API MPMS, Chapter 5—Metering,
Section 8—Measurement of Liquid
Hydrocarbons by Ultrasonic Flow
Meters Using Transit Time Technology;
First Edition, February 2005; Product
No. H050801; incorporated by reference
at § 250.1202(a)(3);
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72766
Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Proposed Rules
(85) API 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, Addendum
1 September 2007, Product No. H11013;
incorporated by reference at
§ 250.1202(a)(3), (g);
(86) 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 2009,
Product No. H12023; incorporated by
reference at § 250.1202(a)(3), (g);
(87) 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 2009, Order No. H12042;
incorporated by reference at
§ 250.1202(a)(3), (g);
(88) API MPMS, 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, Product No.
H12025; incorporated by reference at
§ 250.1202(a)(3), (g);
(89) 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; Order No H21021;
incorporated by reference at
§ 250.1202(a)(3);
(90) API MPMS, 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;
Order No. H2102A; incorporated by
reference at § 250.1203(b)(4);
(91) API RP 86, Recommended
Practice for Measurement of Multiphase
Flow; First Edition, September 2005;
Product No. G08601; incorporated by
reference at § 250.1201, § 250.1202
(a)(3), and § 250.1203(a)(2).
*
*
*
*
*
(l) American Gas Association (AGA
Reports), 400 North Capitol Street, NW.,
Suite 450, Washington, DC 20001,
https://www.aga.org; phone: (202) 824–
7000;
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(1) AGA Report No. 7—Measurement
of Natural Gas by Turbine Meters;
Revised February 2006; AGA Catalog
No. XQ0601; incorporated by reference
at § 250.1203(a)(2);
(2) AGA Report No. 9—Measurement
of Gas by Multipath Ultrasonic Meters;
Second Edition, April 2007; AGA
Catalog No. XQ0701; incorporated by
reference at § 250.1203(a)(2);
(3) AGA Report No. 10—Speed of
Sound in Natural Gas and Other Related
Hydrocarbon Gases; May 2003; AGA
Catalog No. XQ0310; incorporated by
reference at § 250.1203(a)(2).
[FR Doc. 2010–29645 Filed 11–24–10; 8:45 am]
BILLING CODE 4310–MR–W–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[DoD–2009–OS–0039]
RIN 0790–AI55
32 CFR Part 183
Defense Support to Special Events
Department of Defense.
Proposed rule.
AGENCY:
ACTION:
This proposed rule
establishes procedures and assigns
responsibilities for Special Events, sets
forth procedural guidance for the
execution of Special Events support
when requested by civil authorities or
qualifying entities and approved by the
appropriate DoD authority, or as
directed by the President, within the
United States, including the District of
Columbia, the Commonwealth of Puerto
Rico, the U.S. Virgin Islands, Guam,
American Samoa, the Commonwealth of
the Northern Mariana Islands, and any
other territory or possession of the
United States or any political
subdivision thereof and elsewhere if
properly approved.
DATES: Comments must be received by
January 25, 2011.
ADDRESSES: You may submit comments,
identified by docket number and or RIN
number and title, by any of the
following methods:
• Federal Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Federal Docket Management
System Office, 1160 Defense Pentagon,
OSD Mailroom 3C843, Washington, DC
20301–1160.
Instructions: All submissions received
must include the agency name and
docket number or Regulatory
Information Number (RIN) for this
Federal Register document. The general
SUMMARY:
PO 00000
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policy for comments and other
submissions from members of the public
is to make these submissions available
for public viewing on the Internet at
https://www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
FOR FURTHER INFORMATION CONTACT:
Ms. Carol Corbin, 703–693–8392.
SUPPLEMENTARY INFORMATION:
Executive Order 12866, ‘‘Regulatory
Planning and Review’’
It has been certified that 32 CFR part
183 does not:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy; a section of the economy;
productivity; competition; jobs; the
environment; public health or safety; or
State, local, or tribunal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another Agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs, or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in this Executive Order.
Section 202, Pub. L. 104–4, ‘‘Unfunded
Mandates Reform Act’’
It has been certified that 32 CFR part
183 does not contain a Federal mandate
that may result in the expenditure by
State, local and tribunal governments, in
aggregate, or by the private sector, of
$100 million or more in any 1 year.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. 601)
It has been certified that 32 CFR part
183 is not subject to the Regulatory
Flexibility Act (5 U.S.C. 601) because it
would not, if promulgated, have a
significant economic impact on a
substantial number of small entities.
This rule establishes procedures and
assigns responsibilities within DoD for
Special Events in support of civil and
non-governmental entities; therefore, it
is not expected that small entities will
be affected because there will be no
economically significant regulatory
requirements placed upon them.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been certified that 32 CFR part
183 does not impose reporting or
recordkeeping requirements under the
Paperwork Reduction Act of 1995.
E:\FR\FM\26NOP1.SGM
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Agencies
[Federal Register Volume 75, Number 227 (Friday, November 26, 2010)]
[Proposed Rules]
[Pages 72761-72766]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29645]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management, Regulation and Enforcement
30 CFR Part 250
[Docket ID: BOEM-2010-0033]
RIN 1010-AD53
Production Measurement Documents Incorporated by Reference
AGENCY: Bureau of Ocean Energy Management, Regulation and Enforcement
(BOEMRE), Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: BOEMRE proposes to incorporate by reference 15 new production
measurement industry standards into the regulations governing oil, gas,
and sulphur operations in the Outer Continental Shelf. Incorporation of
the production measurement standards provides industry with up-to-date
guidance for measuring oil and gas production volumes. This will result
in more efficient measurement of oil and gas production.
DATES: Submit comments by January 25, 2011. BOEMRE may not fully
consider comments received after this date.
ADDRESSES: You may submit comments on the rulemaking by any of the
following methods. Please use the Regulation Identifier Number (RIN)
1010-AD53 as an identifier in your message. See also Public
Availability of Comments under Procedural Matters.
Federal eRulemaking Portal: https://www.regulations.gov. In
the entry titled ``Enter Keyword or ID,'' enter docket ID BOEM-2010-
0033 then click search. Under the tab ``View By Docket Folder'' you can
submit public comments and view supporting and related materials
available for this rulemaking. BOEMRE will post all comments.
Mail or hand-carry comments to the Department of the
Interior; Bureau of Ocean Energy Management, Regulation and
Enforcement; Attention: Regulations and Standards Branch (RSB); 381
Elden Street, MS-4024, Herndon, Virginia 20170-4817. Please reference
``Production Measurement Documents Incorporated by Reference, 1010-
AD53'' in your comments and include your name and return address.
Availability of Incorporated Documents for Public Viewing
When a copyrighted technical industry standard is incorporated by
reference into our regulations, BOEMRE is obligated to observe and
protect that copyright. BOEMRE 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 decided by standard developing organizations. The American
Petroleum Institute (API) will provide free online public access to 160
key industry standards, including a broad range of technical standards
once changes to the API Web site are complete. The standards represent
almost one-third of all API standards and will include all that are
safety-related or have been incorporated into Federal regulations,
including the standards in this rule. The newly accessible standards
will be available for review, and hardcopies and printable versions
will continue to be available for purchase. We are proposing to
incorporate both API and American Gas Association (AGA) standards, and
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, https://www.global.ihs.com and; AGA Standard/
Document 1-800-699-9277--Toll free in US & Canada https://www.techstreet.com/contact.tmpl.
For the convenience of the viewing public who may not wish to
purchase or view these proposed documents online, they may be inspected
at the Bureau of Ocean Energy Management, Regulation and 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: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
These documents, if 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
[[Page 72762]]
30 CFR 250.198, Documents Incorporated by Reference.
FOR FURTHER INFORMATION CONTACT: Wilbon Rhome, Regulations and
Standards Branch, at (703) 787-1587.
SUPPLEMENTARY INFORMATION: BOEMRE 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 BOEMRE 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). BOEMRE currently incorporates by reference the
requirements found in 97 documents into the offshore operating
regulations.
The regulations found at 1 CFR part 51 govern how BOEMRE and other
Federal agencies incorporate the requirements found in 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 BOEMRE regulations.
In some cases, BOEMRE 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. This review
process is conducted by BOEMRE's Subject Matter Experts and Independent
Reviewers as necessary. Standards that are considered for incorporation
are subject to a side-by-side comparison of similar standards also
under consideration for proposed incorporation into BOEMRE's
regulations. Once this process is complete, we make a final
determination whether incorporating a standard(s) will fully address
our regulatory concerns. This is accomplished by a final review of the
proposed standard and the regulation that it would be incorporated
into. Based on this review criteria, BOEMRE then makes a final
determination either to accept or reject the standard(s) proposed for
incorporation.
BOEMRE is proposing to incorporate the requirements found in 15
measurement documents (i.e., 12 American Petroleum Institute (API) and
3 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 new
standards will ensure that lessees use the best available and most
accurate 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. BOEMRE, in
cooperation with independent reviewers from industry and academia,
reviews and comments on the contents of these documents. Additionally,
since this is a proposed rulemaking, public comments that we receive
from the regulated industry are considered an unbiased and independent
review and may be included in the final rule.
BOEMRE constantly participates in the reviews, revisions, and
updates of standards to determine if new versions should be
incorporated into our regulations. This may be necessary because of
changes in technology, environmental concerns, or incidents or trend in
incidents. Also, we may request that a standard writing body develop a
new standard based on incident analysis or due to the introduction of
new technologies, such as deepwater operations and floating production
systems.
BOEMRE has reviewed the following requirements in these listed
documents and proposes they be incorporated into the regulations at 30
CFR Part 250 to ensure that industry uses the best available and most
accurate measurement technologies. BOEMRE review shows that the
decision to use these standards will not impose additional costs on the
offshore oil and gas industry.
A summary of BOEMRE'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, and 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. BOEMRE
currently requires multipath ultrasonic meters used for gas royalty or
allocation measurement to contain at least three independent pairs of
measuring transducers.
AGA Report No. 10--Speed of Sound in Natural Gas and Other
Related Hydrocarbon Gases; January 2003:
This standard contains information for computation of 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.
At the request of API, Standard 2551, Measurement and Calibration
of Horizontal Tanks, First Edition, 1965; reaffirmed March 2002, has
been withdrawn and divided into two separate standards as discussed
below:
API MPMS Chapter 2.2E--Calibration of Horizontal
Cylindrical Tanks --Part 1: Manual Methods, First Edition, April 2004:
This standard specifies manual methods for the calibration of
nominally horizontal cylindrical tanks, installed at a fixed location.
It is applicable to horizontal tanks up to 4 meters in diameter and 30
meters in length. The methods are applicable to insulated and non-
insulated tanks, either when they are above ground or underground. The
methods are applicable to pressurized tanks, and to both knuckle-dish-
end and flat-end cylindrical tanks as well as elliptical and spherical
head tanks. Information is also provided to address tanks over and
above these dimensions.
API MPMS Chapter 2.2F--Calibration of Horizontal
Cylindrical Tanks --Part 2: Internal Electro-optical Distance-Ranging
Method, First Edition, April 2004:
This standard specifies a method for the calibration of horizontal
cylindrical tanks having diameters greater than 2 meters by means of
internal measurements using an electro-optical distance-ranging
instrument, and for the subsequent compilation of tank-capacity
[[Page 72763]]
tables. This method is known as the internal electro-optical distance-
ranging (EODR) method.
API MPMS 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--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:
Applicable API standards used in the operation of Coriolis
meters,
Proving and verification using both mass- and volume-based
meters, and
Installation, operation, and maintenance.
The mass- and volume-based calculation procedures for proving and
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--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 only pertains 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--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 consideration in 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--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--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 allows 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 rigorously specifies the
equations for computing correction factors, rules for rounding, the
sequence of the calculations, and discriminations 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 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:
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 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. Part 5 of this standard discusses the
calculation procedures required to determine the base prover volume by
the master meter method. This document also specifies the equations for
computing correction factors, rules for rounding, including the
calculational sequence, and discrimination levels 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 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
[[Page 72764]]
a higher uncertainty than liquid measurement based on the
recommendations contained in this document.
API MPMS 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, 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 of a single well. This 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.
Procedural Matters
Regulatory Planning and Review (Executive Order (E.O.) 12866)
This proposed rule is a significant rule as determined by the
Office of Management and Budget (OMB) and is subject to review under
E.O. 12866.
(1) This proposed rule would not have an annual effect of $100
million or more on the economy. It would 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 proposed rule
is to add the most current and updated measurement standards so that
lessees may use new measurement technology. BOEMRE believes that these
new standards will provide guidance to lessees and operators and would
not result in any additional costs.
(2) This proposed rule would not create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency
because it does not harm other agencies, nor does it hinder other
agencies from taking action.
(3) This proposed rule would not materially alter the budgetary
effects or entitlements, grants, user fees, or loan programs or the
rights or obligations of their recipients. The benefits of the proposed
changes in this rule justify the negligible cost incurred by the
offshore oil and gas industry. The minor cost to the industry in most
cases would be minor equipment modification or replacement, some
additional training and the purchase price of the new document.
Additionally, these benefits would add the most current and updated
measurement standards to provide industry with up-to-date guidance for
measurement technology. Requiring compliance with the standards in the
new editions of these documents incorporated by reference would assure
the use of the best available and most accurate measurement
technologies for operations on the OCS.
(4) This proposed rule would raise novel, legal, or policy issues
arising out of legal mandates, the President's priorities, or the
principles set forth in E.O. 12866.
Regulatory Flexibility Act
The Department of the Interior certifies that this proposed rule
would 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 proposed rule would 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. BOEMRE 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 proposes to incorporate 15 new standards, would not have a
significant economic effect on a substantial number of small companies
because the newly incorporated standards would not impose significant
costs or burdens on any lessees or operators. Therefore, the primary
economic effect of this rule on small business would 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 BOEMRE, 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 proposed rule is not a major rule under the Small Business
Regulatory Enforcement Fairness Act (5 U.S.C. 801 et seq.). This
proposed rule:
a. Would not have an annual effect on the economy of $100 million
or more. The main purpose of this rule would be to add industry
standards to provide industry with up-to-date guidance in the use of
new measurement technology.
b. Would 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 would
be the same as current requirements.
c. Would 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 would apply to all entities operating on the OCS.
Unfunded Mandates Reform Act of 1995
This proposed rule would not impose an unfunded mandate on State,
local, or Tribal governments or the private sector of more than $100
million per year. The proposed rule would 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.
[[Page 72765]]
Takings Implication Assessment (E.O. 12630)
Under the criteria in E.O. 12630, this proposed rule does not have
significant takings implications. The proposed 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 proposed rule does not have
federalism implications. This proposed rule would 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 proposed rule would 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 proposed
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 Tribally owned businesses subject to the regulation.
Paperwork Reduction Act
The proposed revisions do not contain any information collection
and do not require a submission to the Office of Management and Budget
for review and approval under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
National Environmental Policy Act of 1969 (NEPA)
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 is not required
because the rule is covered by a categorical exclusion. This rule is
excluded from the requirement to prepare a detailed statement because
it falls within BOEMRE categorical exclusion covering the ``Issuance
and modification of regulations, Orders, Standards, Notices to Lessees
and Operators. Guidelines and field rules for which the impacts are
limited to administrative, economic, or technological effects and the
environmental impacts are minimal'' are categorically excluded under
516 Departmental Manual 15.4(C)(1). We have also determined that the
rule does not involve any of the extraordinary circumstances listed in
43 CFR 46.215 that would require further analysis under the National
Environmental Policy Act.
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 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.
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:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) 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.
Public Availability of Comments
Before including your address, phone number, e-mail 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. 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.
List of Subjects in 30 CFR Part 250
Continental shelf, Incorporation by reference, Public lands--
mineral resources, Reporting and recordkeeping requirements.
Dated: November 18, 2010.
Ned Farquhar,
Deputy Assistant Secretary--Land and Minerals Management.
For the reasons stated in the preamble, BOEMRE proposes to amend 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: 31 U.S.C. 9701, 43 U.S.C. 1334.
2. Amend Sec. 250.198 by:
a. Removing paragraph (h)(75) and redesignating paragraphs (h)(76)
through (h)(80) as (h)(75) through (h)(79) respectively;
b. Adding new paragraphs (h)(80) through (h)(91); and
c. Adding new paragraph (l) to read as follows:
Sec. 250.198 Documents incorporated by reference.
* * * * *
(h) * * *
(80) API MPMS Chapter 2.2E--Calibration of Horizontal Cylindrical
Tanks--Part 1: Manual Methods, First Edition, April 2004, Order No.
HX202E01; incorporated by reference at Sec. 250.1202(l)(4);
(81) API MPMS Chapter 2.2F--Calibration of Horizontal Cylindrical
Tanks--Part 2: Internal Electro-optical Distance-Ranging Method, First
Edition, April 2004, Order No. HH202F01; incorporated by reference at
Sec. 250.1202(l)(4);
(82) API MPMS, Chapter 4--Proving Systems, Section 8--Operation of
Proving Systems; First Edition, November 1995; reaffirmed March 2007,
Order No. H04081; incorporated by reference at Sec. 250.1202(a)(3),
(f)(1);
(83) API MPMS, Chapter 5--Metering, Section 6--Measurement of
Liquid Hydrocarbons by Coriolis Meters; First Edition, October 2002;
reaffirmed March 2008, Order No. H05061; incorporated by reference at
Sec. 250.1202(a)(3);
(84) API MPMS, Chapter 5--Metering, Section 8--Measurement of
Liquid Hydrocarbons by Ultrasonic Flow Meters Using Transit Time
Technology; First Edition, February 2005; Product No. H050801;
incorporated by reference at Sec. 250.1202(a)(3);
[[Page 72766]]
(85) API 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, Addendum
1 September 2007, Product No. H11013; incorporated by reference at
Sec. 250.1202(a)(3), (g);
(86) 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 2009, Product No.
H12023; incorporated by reference at Sec. 250.1202(a)(3), (g);
(87) 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 2009, Order No. H12042; incorporated
by reference at Sec. 250.1202(a)(3), (g);
(88) API MPMS, 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, Product No. H12025;
incorporated by reference at Sec. 250.1202(a)(3), (g);
(89) 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;
Order No H21021; incorporated by reference at Sec. 250.1202(a)(3);
(90) API MPMS, 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; Order No. H2102A; incorporated by reference
at Sec. 250.1203(b)(4);
(91) API RP 86, Recommended Practice for Measurement of Multiphase
Flow; First Edition, September 2005; Product No. G08601; incorporated
by reference at Sec. 250.1201, Sec. 250.1202 (a)(3), and Sec.
250.1203(a)(2).
* * * * *
(l) American Gas Association (AGA Reports), 400 North Capitol
Street, NW., Suite 450, Washington, DC 20001, https://www.aga.org;
phone: (202) 824-7000;
(1) AGA Report No. 7--Measurement of Natural Gas by Turbine Meters;
Revised February 2006; AGA Catalog No. XQ0601; incorporated by
reference at Sec. 250.1203(a)(2);
(2) AGA Report No. 9--Measurement of Gas by Multipath Ultrasonic
Meters; Second Edition, April 2007; AGA Catalog No. XQ0701;
incorporated by reference at Sec. 250.1203(a)(2);
(3) AGA Report No. 10--Speed of Sound in Natural Gas and Other
Related Hydrocarbon Gases; May 2003; AGA Catalog No. XQ0310;
incorporated by reference at Sec. 250.1203(a)(2).
[FR Doc. 2010-29645 Filed 11-24-10; 8:45 am]
BILLING CODE 4310-MR-W-P