84230 Federal Register / Vol. 85, No. 248 / Monday, December 28, 2020 / Rules and Regulations 

Associate Attorney General, in 

accordance with the standard reporting 

structure of the Department. 

Regulatory Certifications 

Administrative Procedure Act 

This rule relates to a matter of agency 

management or personnel and is a rule 

of agency organization, procedure, or 

practice. As such, this rule is exempt 

from the usual requirements of prior 

notice and comment and a 30-day delay 

in effective date. See 5 U.S.C. 553(a)(2), 

(b), (d). 

Regulatory Flexibility Act 

This regulation will not have an 

impact on small entities because it 

pertains to personnel and administrative 

matters affecting the Department. A 

Regulatory Flexibility Analysis was not 

required for this final rule because the 

Department was not required to publish 

a general notice of proposed rulemaking 

for this matter. See 5 U.S.C. 601(2), 

604(a). 

Executive Orders 12866, 13563, and 

13771—Regulatory Review 

This regulation has been drafted and 

reviewed in accordance with Executive 

Order 12866, ‘‘Regulatory Planning and 

Review,’’ section 1(b), ‘‘The Principles 

of Regulation,’’ and Executive Order 

13563, ‘‘Improving Regulation and 

Regulatory Review,’’ section 1, ‘‘General 

Principles of Regulation.’’ 

This final rule is ‘‘limited to agency 

organization, management, or personnel 

matters’’ and thus is not a ‘‘rule’’ for 

purposes of review by the Office of 

Management and Budget. See Executive 

Order 12866, section 3(d)(3). 

Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget. 

This rule is not subject to the 

requirements of Executive Order 13771 

because it is ‘‘related to agency 

organization, management, or 

personnel’’ and thus not a ‘‘rule’’ under 

Executive Order 13771, section 4(b). 

Executive Order 12988—Civil Justice 

Reform 

This regulation meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988, Civil 

Justice Reform. 

Executive Order 13132—Federalism 

This rule provides for appropriate 

leadership review by the Department 

prior to the finalization of consent 

decrees involving State or local 

governmental entities, in order to better 

ensure their special sovereign and 

protected roles under our constitutional 

order. This is not a substantive rule but 

is a rule of internal agency management, 

practice, and procedure regarding the 

delegation of the Attorney General’s 

litigation authority for the internal 

review of certain consent decrees in 

litigation being conducted under the 

authority of the Attorney General. This 

rule will not have substantial direct 

effects on the States, on the relationship 

between the Federal Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. Therefore, 

in accordance with Executive Order 

13132, Federalism, the Department has 

determined that this rule does not have 

sufficient federalism implications to 

warrant the preparation of a federalism 

summary impact statement. 

Unfunded Mandates Reform Act of 1995 

This rule will not result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $120 million or more 

(adjusted for inflation) in any one year, 

and it will not significantly or uniquely 

affect small governments. Therefore, no 

actions are necessary under the 

provisions of the Unfunded Mandates 

Reform Act of 1995, 2 U.S.C. 1501 et 

seq. 

Congressional Review Act 

This rule is not a major rule as 

defined by section 804 of the 

Congressional Review Act, 5 U.S.C. 804. 

This action pertains to agency 

management, personnel, and 

organization and does not substantially 

affect the rights or obligations of nonagency parties and, accordingly, is not 

a ‘‘rule’’ as that term is used by the 

Congressional Review Act, 8 U.S.C. 

804(3)(B)–(C). Therefore, the reporting 

requirement of 5 U.S.C. 801 does not 

apply. 

List of Subjects in 28 CFR Part 0 

Authority delegations (Government 

agencies), Government employees, 

Organization and functions 

(Government agencies), Privacy, 

Reporting and recordkeeping 

requirements, Whistleblowing. 

Accordingly, by virtue of the 

authority vested in me as Attorney 

General, including 5 U.S.C. 301 and 28 

U.S.C. 509, 510, part 0 of title 28 of the 

Code of Federal Regulations is amended 

as follows: 

PART 0—ORGANIZATION OF THE 

DEPARTMENT OF JUSTICE 

■ 1. The authority citation for part 0 

continues to read as follows: 

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 

510, 515–519. 

■ 2. Section 0.160 is amended by: 

■ a. Removing the word ‘‘or’’ at the end 

of paragraph (d)(1); 

■ b. Removing the word ‘‘or’’ at the end 

of paragraph (d)(4); 

■ c. Removing the period at the end of 

paragraph (d)(5) and adding in its place 

‘‘; or’’; and 

■ d. Adding paragraphs (d)(6) and (e). 

The additions read as follows: 

§ 0.160 Offers that may be accepted by 

Assistant Attorneys General. 

* * * * * 

(d) * * * 

(6) When a proposed settlement of a 

civil action includes a consent decree 

with a State or local governmental entity 

that would: 

(i) Place a court in a long-term 

position of monitoring compliance by a 

State or local governmental entity; 

(ii) Create long-term structural or 

programmatic obligations, or long-term, 

indeterminate financial obligations, for 

a State or local governmental entity; or 

(iii) Otherwise raise novel questions 

of law or policy that merit review by 

senior Department leadership. 

(e) As used in paragraph (d)(6) of this 

section, ‘‘long-term’’ means that the 

obligations, on their face or in practice, 

are reasonably likely to take 24 months 

or longer to satisfy. Paragraph (d)(6) of 

this section does not apply where use of 

a consent decree is required by statute 

or regulation or the consent decree is 

limited to the payment of a sum certain 

of money or performance of a specific 

environmental removal action. 

Dated: December 4, 2020. 

William P. Barr, 

Attorney General. 

[FR Doc. 2020–27190 Filed 12–23–20; 8:45 am] 

BILLING CODE 4410–12–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Safety and Environmental 

Enforcement 

30 CFR Part 250 

[Docket ID: BSEE–2020–0002; EEEE500000 

21XE1700DX EX1SF0000.EAQ000] 

RIN 1014–AA46 

Oil and Gas and Sulfur Operations in 

the Outer Continental Shelf— 

Reaffirmation of Standard Editions 

Related to the Manual of Petroleum 

Measurement Standards 

AGENCY: Bureau of Safety and 

Environmental Enforcement, Interior. 

ACTION: Direct final rule; request for 

comments. 


tkelley on DSKBCP9HB2PROD with RULES
Federal Register / Vol. 85, No. 248 / Monday, December 28, 2020 / Rules and Regulations 84231 

1Public Law 104–113, sec. 12(d), Mar. 7, 1996, 15 

U.S.C. 272 note. 

2See, OMB Circular A–119, ‘‘Federal 

Participation in the Development and Use of 

Voluntary Consensus Standards and in Conformity 

Assessment Activities’’ (pp. 15–16) https://

www.nist.gov/system/files/revised_circular_a-119_

as_of_01-22-2016.pdf 

SUMMARY: This direct final rule 

incorporates by reference American 

Petroleum Institute’s (API’s) 

reaffirmation of 21 production 

measurement publications (each 

referred to herein as a ‘‘standard’’). This 

direct final rule updates the 

reaffirmation date of industry standards 

already incorporated in regulations 

administered by the Bureau of Safety 

and Environmental Enforcement (BSEE). 

This rule does not include any new 

editions of incorporated standards, nor 

does it incorporate any new standards. 

Rather, it merely acknowledges API’s 

subsequent reaffirmation, without 

change, of standards previously 

incorporated by reference. Incorporation 

of these reaffirmed documents will 

ensure that the citations to standards for 

the measurement of oil and gas 

production flow rates and volumes 

incorporated into the regulations are up 

to date. This rule will update 

incorporated measurement standards, 

thereby eliminating confusion in 

identifying the correct measurement 

standards required to be used. 

DATES: This rule is effective February 

26, 2021 without further action, unless 

adverse comment is received by January 

27, 2021. If adverse comment is 

received, BSEE will publish a timely 

withdrawal of the rule in the Federal 

Register. BSEE may not fully consider 

comments received after the comment 

due date. The incorporation by 

reference of the publications listed in 

the regulation is approved by the 

Director of the Federal Register as of 

February 26, 2021. 

ADDRESSES: You may submit comments 

on the rulemaking using the Federal 

eRulemaking portal which is located at 

www.regulations.gov. Please use the 

regulation identifier number (RIN) 

1014–AA46 as an identifier for your 

comment. 

Public Availability of Comments— 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

In order for BSEE to withhold from 

disclosure your personal identifying 

information, you must identify any 

information contained in the submittal 

of your comments that, if released, 

would constitute a clearly unwarranted 

invasion of your personal privacy. You 

must also briefly describe any possible 

harmful consequence(s) of the 

disclosure of the information, such as 

embarrassment, injury, or other harm. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. Availability of documents for 

public viewing: The reaffirmed 

standards are available online for review 

for free, and hardcopies and printable 

versions are available for purchase. The 

API website where the standards can be 

viewed is: http://publications.api.org/. 

This API website provides a free online 

reading room for users after creating an 

account. 

For the convenience of the public 

who may not wish to view documents 

online, all documents incorporated in 

this rule may be viewed by appointment 

at the BSEE Houston office, 1919 Smith 

Street, Suite 14042, Houston, Texas 

77002. An appointment is required 

because of agency resources, natural 

disasters, public health situations and 

the like, e.g., personnel availability, 

hurricanes, pandemics, etc. To make an 

appointment, please call 1–844–259– 

4779. 

These documents, if incorporated, 

will continue to be made available to 

the public for viewing when requested. 

Specific information on where these 

documents can be inspected or 

purchased can be found at 30 CFR 

250.198, documents incorporated by 

reference. 

FOR FURTHER INFORMATION CONTACT: For 

technical or procedural questions 

contact Alton Payne at 713–220–9204, 

or David Izon at 703–787–1706, or by 

email: standards@bsee.gov. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

BSEE derives its authority primarily 

from the Outer Continental Shelf Lands 

Act (OCSLA), 43 U.S.C. 1331–1356a. 

Congress enacted OCSLA in 1953, 

authorizing the Secretary of the Interior 

(Secretary) to lease the Outer 

Continental Shelf (OCS) for mineral 

development, and to regulate oil and gas 

exploration, development, and 

production operations on the OCS. The 

Secretary has delegated authority to 

perform certain of these functions to 

BSEE. To carry out its responsibilities, 

BSEE regulates oil and gas exploration, 

development, and production 

operations on the OCS. Among other 

purposes, regulations administered by 

BSEE seek to prevent injury, loss of life, 

as well as damage to property, natural 

resources, and the environment. The 

Department of the Interior (Department) 

incorporates by reference in its 

regulations many oil and gas industry 

standards in order to require 

compliance with those standards in 

offshore operations. 

BSSE uses standards, specifications, 

RPs, and other documents developed by 

standard development organizations 

(SDO) as a means of establishing 

requirements for activities on the OCS. 

This practice, known as ‘‘incorporation 

by reference,’’ allows the Department to 

incorporate the requirements of 

technical documents into the 

regulations without increasing the 

volume of the Code of Federal 

Regulations (CFR). The Department 

currently incorporates by reference 125 

documents into its offshore operating 

regulations administered by BSEE. 

The National Technology Transfer 

and Advancement Act (NTTAA) 1

requires BSEE to ‘‘use technical 

standards that are developed or adopted 

by voluntary consensus standards 

bodies . . . to carry out policy 

objectives or activities[,]’’ including 

those on the OCS. According to the 

relevant definitional guidance from the 

Office of Management and Budget 

(OMB), standards include those 

developed by SDOs that are currently 

incorporated into regulations 

administered by BSEE (e.g., industry 

standards, codes, specifications, and 

RPs).2

Where appropriate, the Department 

incorporates industry standards into its 

regulations by reference without 

republishing the standards in their 

entirety. The legal effect of 

incorporation by reference is that the 

incorporated standards become 

regulatory requirements. This 

incorporated material, like any other 

regulation, has the force and effect of 

law. Operators, lessees, and other 

regulated parties must comply with the 

documents incorporated by reference in 

the regulations. 

The Office of the Federal Register’s 

(OFR) regulations, at 1 CFR part 51, 

govern how BSEE and other Federal 

agencies incorporate documents by 

reference. Agencies may incorporate a 

document by reference by publishing in 

the Federal Register the document title, 

edition, date, author, publisher, 

identification number, and other 

specified information. The preamble of 

the rule must contain a summary of 

each document incorporated by 

reference, as well as discuss the ways 

that the incorporated materials are 

reasonably available to interested 

parties and how interested parties can 


tkelley on DSKBCP9HB2PROD with RULES
84232 Federal Register / Vol. 85, No. 248 / Monday, December 28, 2020 / Rules and Regulations 

obtain those materials. The Director of 

the Federal Register must also approve 

the incorporation by reference of a 

publication. 

Incorporation by reference of a 

document or publication is limited to 

the version of the document or 

publication cited in the regulations. 

This means that newer editions, 

versions, amendments, or revisions to 

documents already incorporated by 

reference in regulations are not part of 

the regulations until the Department 

promulgates a rulemaking in the 

Federal Register that incorporates the 

new, updated, or revised version of the 

document. 

BSSE reviewed API reaffirmations of 

documents already incorporated into 

the regulations BSEE administers and 

determined that it is appropriate to 

update the regulations to reflect the 

reaffirmed documents. Based on this 

review, BSEE has concluded that the 

use of these reaffirmed standards will 

not impose additional costs on any 

stakeholder, including the offshore oil 

and gas industry. In fact, the substance 

of the standards incorporated here is the 

same as that presently incorporated 

because this rulemaking merely 

incorporates by reference the 

reaffirmation by the SDO, namely API, 

of standards already incorporated by 

reference. Therefore, the Department is 

incorporating these reaffirmed 

documents through a direct final rule. 

The Department determined under the 

Administrative Procedure Act (5 U.S.C. 

553(b)(3)(B)) that ‘‘notice and public 

procedure thereon are . . . unnecessary 

. . .’’ because the Department does not 

propose to make any actual substantive 

changes to the regulations—the changes 

are merely administrative updates to the 

citations to the standards previously 

incorporated into the regulations. 

Additionally, because the reaffirmed 

versions of the standards being 

incorporated are identical to the 

requirements of the standards already 

contained in the regulations, 

incorporation of these versions will not 

impose undue costs on the affected 

parties. 

BSEE’s Functions and Authority 

BSEE promotes safety, protects the 

environment, and conserves offshore oil 

and gas resources through vigorous 

regulatory oversight and enforcement. 

BSEE derives its authority primarily 

from OCSLA. 

Congress enacted OCSLA in 1953, 

establishing Federal control over the 

OCS and authorizing the Secretary to 

regulate oil and natural gas exploration, 

development, and production 

operations on the OCS. The Secretary 

authorized BSEE to perform certain of 

these functions (see 30 CFR 250.101, 

Authority and applicability). In addition 

to developing and implementing such 

regulatory requirements, BSEE 

participates in activities of relevant 

SDOs and the international community 

to develop and revise safety and 

environmental standards, which the 

Department may incorporate into 

BSEE’s regulatory program. BSEE also 

conducts onsite inspections to ensure 

compliance with regulations, including 

the subject matter of the standards 

incorporated by reference in regulations 

administered by BSEE. Detailed 

information concerning regulations and 

guidance for the offshore industry may 

be found on BSEE’s website at: 

www.bsee.gov/Regulations-andGuidance/index. 

Public Participation and Availability of 

Comments 

BSEE encourages public participation 

in this direct final rulemaking through 

the submission of written comments, as 

discussed in the ACTION, ADDRESSES, and 

DATES sections of this direct final rule. 

This direct final rule provides 30 days 

for public comment to ensure the public 

has an opportunity to raise concerns 

regarding the incorporation of these 

reaffirmed standards. If no adverse 

comment is received within the 30-day 

comment period, this final rule will 

become effective 60 days after its 

publication in the Federal Register. If 

an adverse substantive comment is 

received within the 30-day comment 

period, then the Department will 

withdraw the final rule before its 

effective date and issue a separate 

proposed rule document on the same 

subject. The reaffirmed standards the 

Department is incorporating were 

previously incorporated in its 

regulations. Industry is currently 

working with the reaffirmed versions of 

these incorporated standards. 

Procedures for Incorporation by 

Reference and Availability of 

Incorporated Documents for Public 

Viewing 

BSEE frequently uses standards (e.g., 

codes, specifications, recommended 

practices, and bulletins) developed 

through a consensus process, facilitated 

by SDOs, with input from the oil and 

gas industry and the public generally, as 

a means of establishing requirements for 

activities on the OCS. The Department 

may incorporate these standards into its 

regulations without republishing the 

standards in their entirety in the CFR, 

a practice known as incorporation by 

reference. The legal effect of 

incorporation by reference is that the 

incorporated standards become 

regulatory requirements (see 30 CFR 

250.115). This incorporated material, 

like any other properly issued 

regulation, has the force and effect of 

law, and BSEE holds operators, lessees, 

and other regulated parties accountable 

for complying with the documents 

incorporated by reference in the 

regulations. There are 125 consensus 

standards currently incorporated by 

reference in the regulations governing 

offshore oil and gas operations 

administered by BSEE (see 30 CFR 

250.198). 

When a copyrighted industry 

standard is incorporated by reference 

into the regulations, BSEE is obligated 

to observe and protect that copyright. 

BSEE provides members of the public 

with website addresses where these 

standards may be accessed for 

viewing—sometimes for free and 

sometimes for a fee. The decision to 

charge a fee is made by each SDO. API 

provides free online public viewing 

access to more than 160 technical and 

other key industry standards. Those 

standards represent almost one-third of 

all API standards and include all that 

are safety-related or are incorporated 

into Federal regulations. These 

standards are available for viewing 

online, while hard copies and printable 

versions will continue to be available 

for purchase through API. To review 

such standards online, go to the API 

publications website at: http://

publications.api.org. You must then login or create a new account, accept API’s 

‘‘Terms and Conditions,’’ click on the 

‘‘Browse Documents’’ button, and then 

select the applicable category (e.g., 

‘‘Exploration and Production’’) for the 

standard you wish to review. 

For the convenience of the viewing 

public who may not wish to purchase or 

view the incorporated documents 

online, the documents may be inspected 

at BSEE’s office at: 1919 Smith Street, 

Suite 14042, Houston, Texas 77002 

(phone: 1–844–259–4779) by 

appointment only. An appointment is 

required because of agency resources, 

natural disasters, public health 

situations and the like, e.g., personnel 

availability, hurricanes, pandemics, etc. 

BSEE will make documents 

incorporated in the final rule available 

for viewing at the time and date agreed 

upon for the appointment. Additional 

information on where these documents 

can be inspected or purchased can be 

found at 30 CFR 250.198, Documents 

incorporated by reference. 


tkelley on DSKBCP9HB2PROD with RULES
Federal Register / Vol. 85, No. 248 / Monday, December 28, 2020 / Rules and Regulations 84233 

3OMB Circ. A–119 at p. 26. 

Background Information for Proposed 

Incorporation by Reference of 

Reaffirmed API Standards 

In addition to the legal requirement 

under the NTTAA for Federal agencies 

to use standards where appropriate, 

there are a number of benefits to 

incorporating these documents into the 

regulations. Standards increase 

consistency for employee training, 

equipment compatibility, processes, and 

testing during operations. Standards 

help ensure that operators and their 

contractors take proper precautions 

during operations resulting in safety 

performance improvements through the 

reduction of lost time from injuries and 

incidents, work environment safety 

standards, proper training, product 

failure reporting, quality control and 

assurance requirements, addressing 

safety issues, and improved 

communications between user and 

supplier. Global adoption of standards 

is a compelling reason for the most 

updated version to be part of the 

regulatory framework, since standards 

drive consistency, promote competition, 

and reduce the burden of compliance. 

OMB Circular A–119 indicates that 

Federal agencies ‘‘should undertake a 

standards-specific review of such 

incorporated standards every three-tofive years, or when stakeholders 

otherwise provide adequate information 

that a standards-specific review is 

necessary due to . . . the need to 

remain current with technological 

changes. . . .’’ 3 This standard-specific 

rulemaking is part of the Department’s 

effort to keep the standards in the 

regulations up-to-date. The American 

National Standards Institute (ANSI) 

generally contemplates that industry 

standards will be updated at least every 

five years by the SDOs. However, the 

regulations administered by BSEE 

incorporate several standards that are 

updated by SDOs more frequently than 

every five years, and are therefore 

appropriate for updating in the 

regulations. 

Typically, standards cite other 

documents as normative. When 

documents are cited as normative, the 

normative document is indispensable 

for the application of the standard citing 

it. Thus, the normative document must 

be followed in order to comply with the 

requirements of the underlying 

standard. 

This rulemaking updates the specific 

versions defined by the reaffirmation 

dates of the incorporated editions of the 

following API documents: 

1. API MPMS Chapter 2—Tank 

Calibration, Section 2A—Measurement 

and Calibration of Upright Cylindrical 

Tanks by the Manual Tank Strapping 

Method, First Edition, February 1995, 

Reaffirmed August 2017. 

This standard describes the 

procedures for calibrating upright 

cylindrical tanks used primarily for the 

storage of petroleum liquids. Section 

2A, Tank Calibration, first addresses 

procedures for making necessary 

measurements to determine the total 

and incremental tank volumes, and then 

presents the recommended procedures 

for computing volumes. The standard 

also provides guidelines for 

recalibration and computerization of 

capacity tables. Both the International 

System of Units (SI), or metric, and U.S. 

customary units are presented where 

appropriate. SI and U.S. customary 

conversions may not necessarily be 

exact. The SI units often reflect what is 

available in commercial equipment. The 

Department incorporated this standard 

by reference into the regulations on 

March 15, 2007 [72 FR 12093], and API 

reaffirmed the standard without 

substantive change in August 2017. 

2. API MPMS Chapter 2—Tank 

Calibration, Section 2B—Calibration of 

Upright Cylindrical Tanks Using the 

Optical Reference Line Method (ORLM), 

First Edition, March 1989, Reaffirmed 

April 2019. 

This standard describes measurement 

and calculation procedures for 

determining the diameters of upright 

welded (lap/butt) cylindrical tanks, or 

vertical cylindrical tanks, with a smooth 

outside surface and either floating or 

fixed roofs. The Department 

incorporated this standard by reference 

into the regulations on March 15, 2007 

[72 FR 12093], and API reaffirmed the 

standard without substantive change in 

April 2019. 

3. API MPMS Chapter 3—Tank 

Gauging, Section 1B—Standard Practice 

for Level Measurement of Liquid 

Hydrocarbons in Stationary Tanks by 

Automatic Tank Gauging (ATG); Second 

Edition, June 2001, Reaffirmed February 

2016. 

This incorporated standard discusses 

automatic tank gauging in general, 

calibration of ATGs for custody transfer 

and inventory control, and the 

requirements for data collection, 

transmission, and receiving. The 

appendices discuss the operation and 

installation of the most commonly used 

ATG equipment and of the less 

commonly used electronic ATGs. The 

Department incorporated this standard 

by reference into the regulations on 

March 15, 2007 [72 FR 12093], and API 

reaffirmed the standard without 

substantive change in February 2016. 

4. API MPMS Chapter 4—Proving 

Systems, Section 1—Introduction— 

Third Edition, February 2005, 

Reaffirmed June 2014. 

Section 1, Proving Systems, is a 

general introduction to the subject of 

proving. The requirements in Chapter 4 

are based on customary practices that 

evolved for crude oils and products 

covered by API MPMS Ch. 11.1. The 

Department incorporated this standard 

by reference into the regulations on 

March 15, 2007 [72 FR 12093], and API 

reaffirmed the standard without 

substantive change in June 2014. 

5. API MPMS Chapter 4—Proving 

Systems, Section 4—Tank Provers, 

Second Edition, May 1998, Reaffirmed 

May 2015. 

Chapter 4 specifies the characteristics 

of stationary (fixed) or portable tank 

provers that are in general use and the 

procedures for their calibration. 

Guidelines are provided for the design, 

manufacture, calibration, and use of 

new or replacement tank provers and 

are not intended to make any existing 

tank provers obsolete. The Department 

incorporated this standard by reference 

into the regulations on March 15, 2007 

[72 FR 12093], and API reaffirmed the 

standard without substantive change in 

May 2015. 

6. API MPMS, Chapter 4—Proving 

Systems, Section 6—Pulse Interpolation, 

Second Edition, May 1999, Reaffirmed 

October 2013. 

Chapter 4 describes how the doublechronometry method of pulse 

interpolation, including system 

operating requirements and equipment 

testing, is applied to meter proving. The 

Department incorporated this standard 

by reference into the regulations on 

March 15, 2007 [72 FR 12093], and API 

reaffirmed the standard without 

substantive change in October 2013. 

7. API MPMS, Chapter 5—Metering, 

Section 2—Measurement of Liquid 

Hydrocarbons by Displacement Meters, 

Third Edition, September 2005, 

Reaffirmed July 2015. 

This section of API MPMS Chapter 5 

covers the unique performance 

characteristics of displacement meters 

in liquid hydrocarbon service. The 

Department incorporated this standard 

by reference into the regulations on 

April 28, 2010 [75 FR 22223], and API 

reaffirmed the standard without 

substantive change in July 2015. 

8. API MPMS Chapter 5—Metering, 

Section 3—Measurement of Liquid 

Hydrocarbons by Turbine Meters, Fifth 

Edition, September 2005, Reaffirmed 

August 2014. 


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84234 Federal Register / Vol. 85, No. 248 / Monday, December 28, 2020 / Rules and Regulations 

Section 3 of API MPMS Chapter 5 

covers the unique installation 

requirements and performance 

characteristics of turbine meters in 

liquid-hydrocarbon service. The 

Department incorporated this standard 

by reference into the regulations on 

March 15, 2007 [72 FR 12093], and API 

reaffirmed the standard without 

substantive change in August 2014. 

9. API MPMS, Chapter 5—Metering, 

Section 4—Accessory Equipment for 

Liquid Meters, Fourth Edition, 

September 2005, Reaffirmed August 

2015. 

Section 4 of API MPMS Chapter 5 

describes the characteristics of 

accessory equipment that may be used 

with meters in liquid hydrocarbon 

service. Having a knowledge of these 

characteristics helps designers and 

operators of meter installations provide 

satisfactory quantity measurement 

results. Certain minimum requirements 

for devices that monitor temperature, 

density, and pressure are discussed in 

this section. Most system hardware, 

such as non-control valves, vents, and 

manifolding, is not discussed in this 

section. The Department incorporated 

this standard by reference into the 

regulations on March 15, 2007 [72 FR 

12093], and API reaffirmed the standard 

without substantive change in August 

2015. 

10. API MPMS, Chapter 5—Metering, 

Section 5—Fidelity and Security of Flow 

Measurement Pulsed-Data Transmission 

Systems, Second Edition, August 2005, 

Reaffirmed August 2015. 

The recommendations set forth in this 

publication are concerned only with the 

fidelity and security of pulsed-data, 

cabled transmission systems between a 

flow meter or flow meter transducer and 

a remote totalizer. The Department 

incorporated this standard by reference 

into the regulations on March 15, 2007 

[72 FR 12093], and API reaffirmed the 

standard without substantive change in 

August 2015. 

11. API MPMS Chapter 5—Metering, 

Section 6—Measurement of Liquid 

Hydrocarbons by Coriolis Meters, First 

Edition October 2002, Reaffirmed 

November 2013. 

This standard is applicable to custody 

transfer applications for liquid 

hydrocarbons. Topics covered are: 

(1) Applicable API standards used in 

the operation of Coriolis meters, 

(2) Proving and verification using 

both mass-based and volume-based 

methods, 

(3) Installation, 

(4) Operation, and 

(5) Maintenance. 

The mass-based and volume-based 

calculation procedures for proving and 

quantity determination are included in 

Appendix E. Although the Coriolis 

meter is capable of simultaneously 

determining density, this document 

does not address its use as a stand-alone 

densitometer. See API MPMS Chapter 

14.6 for density matters. The 

Department incorporated this standard 

by reference into the regulations on 

March 29, 2012 [77 FR 18921], and API 

reaffirmed the standard without 

substantive change in November 2013. 

12. API MPMS, Chapter 6—Metering 

Assemblies, Section 1—Lease Automatic 

Custody Transfer (LACT) Systems, 

Second Edition, May 1991, Reaffirmed 

May 2012. 

This publication describes the 

metering function of a Lease Automatic 

Custody Transfer (LACT) unit and is 

intended to complement API 

Specification II N, Specification for 

Lease Automatic Custody Transfer 

(LACT) Equipment. The Department 

incorporated this standard by reference 

into the regulations on December 28, 

1999 [64 FR 72791], and API reaffirmed 

the standard without substantive change 

in May 2012. 

13. API MPMS, Chapter 6—Metering 

Assemblies, Section 6—Pipeline 

Metering Systems, Second Edition, May 

1991, Reaffirmed December 2017. 

This publication deals with the 

operation and special arrangements of 

meters, provers, manifolding, 

instrumentation, and accessory 

equipment used to measure the loading 

and unloading of marine bulk carriers. 

The information provided in this 

publication is applicable to shore-tocarrier-to-shore measurements of crude 

oils and refined products. These 

procedures are not intended to apply to 

hydrocarbons that require specialized 

measurements and handling equipment, 

such as liquefied natural gas (LNG). The 

Department incorporated this standard 

by reference into the regulations on 

December 28, 1999 [64 FR 72791], and 

API reaffirmed the standard without 

substantive change in December 2017. 

14. API MPMS, Chapter 6—Metering 

Assemblies, Section 7—Metering 

Viscous Hydrocarbons, Second Edition 

May 1991, Reaffirmed March 2018. 

This chapter defines viscous 

hydrocarbons and describes the 

difficulties that arise when viscous 

hydrocarbons are raised to high 

temperatures. The effects of such 

temperatures on meters, auxiliary 

equipment, and fittings are discussed. 

Further, advice and warnings to 

overcome or mitigate difficulties are 

included. The Department incorporated 

this standard by reference into the 

regulations on December 28, 1999 [64 

FR 72791], and API reaffirmed the 

standard without substantive change in 

March 2018. 

15. API MPMS, Chapter 10—Sediment 

and Water, Section 1—Standard Test 

Method for Sediment in Crude Oils and 

Fuel Oils by the Extraction Method, 

Third Edition November 2007, 

Reaffirmed October 2012. 

This test method determines the 

sediment in crude oils and fuel oils by 

extraction with toluene. The 

Department incorporated this standard 

by reference into the regulations on 

April 28, 2010 [75 FR 22224], and API 

reaffirmed the standard without 

substantive change in October 2012. 

16. API MPMS, Chapter 12— 

Calculation of Petroleum Quantities, 

Section 2—Calculation of Petroleum 

Quantities Using Dynamic Measurement 

Methods and Volumetric Correction 

Factors, Part 1—Introduction, Second 

Edition May 1995, Reaffirmed March 

2014. 

This document provides standardized 

calculation methods for the 

quantification of liquids and the 

determination of base prover volumes 

under defined conditions, regardless of 

the point of origin or destination or the 

units of measure required by 

governmental customs or statute. The 

criteria contained in this document 

allow different entities using various 

computer languages on different 

computer hardware (or manual 

calculations) to arrive at identical 

results using the same standardized 

input data. The Department 

incorporated this standard by reference 

into the regulations on December 28, 

1999 [64 FR 72791], and API reaffirmed 

the standard without substantive change 

in March 2014. 

17. API MPMS, Chapter 12— 

Calculation of Petroleum Quantities, 

Section 2—Calculation of Petroleum 

Quantities Using Dynamic Measurement 

Methods and Volumetric Correction 

Factors, Part 2—Measurement Tickets, 

Third Edition, June 2003, Reaffirmed 

February 2016. 

This document provides standardized 

calculation methods for the 

quantification of liquids and the 

determination of base prover volumes 

under defined conditions, regardless of 

the point of origin or destination or the 

units of measure required by 

governmental customs or statute. The 

criteria contained in this document 

allow different entities using various 

computer languages on different 

computer hardware (or manual 

calculations) to arrive at identical 

results using the same standardized 

input data. The Department 

incorporated this standard by reference 

into the regulations on March 15, 2007 


tkelley on DSKBCP9HB2PROD with RULES
Federal Register / Vol. 85, No. 248 / Monday, December 28, 2020 / Rules and Regulations 84235 

[72 FR 12094], and API reaffirmed the 

standard without substantive change in 

February 2016. 

18. API MPMS Chapter 12— 

Calculation of Petroleum Quantities, 

Section 2—Calculation of Petroleum 

Quantities Using Dynamic Measurement 

Methods and Volumetric Correction 

Factors, Part 3—Proving Reports, First 

Edition, October 1998, Reaffirmed May 

2014. 

This document provides standardized 

calculation methods for the 

determination of meter factors under 

defined conditions, regardless of the 

point of origin or destination or units of 

measure required by governmental 

customs or statute. The criteria 

contained here will allow different 

entities using various computer 

languages on different computer 

hardware (or by manual calculations) to 

arrive at identical results using the same 

standardized input data. This document 

also specifies the equations for 

computing correction factors, including 

the calculation sequence, discrimination 

levels, and rules for rounding to be 

employed in the calculations. The 

Department incorporated this standard 

by reference into the regulations on 

March 29, 2012 [77 FR 18921], and API 

reaffirmed the standard without 

substantive change in March 2014. 

19. API Manual of Petroleum 

Measurement Standards (MPMS) 

Chapter 12—Calculation of Petroleum 

Quantities, Section 2—Calculation of 

Petroleum Quantities Using Dynamic 

Measurement Methods and Volumetric 

Correction Factors, Part 4—Calculation 

of Base Prover Volumes by the 

Waterdraw Method, First Edition, 

December 1997, Reaffirmed September 

2014. 

This document provides standardized 

calculation methods for the 

quantification of liquids and the 

determination of base prover volumes 

under defined conditions, regardless of 

the point of origin or destination or 

units of measure required by 

governmental organizations. The criteria 

contained in this document allow 

different individuals, using various 

computer languages on different 

computer hardware (or manual 

calculations), to arrive at identical 

results using the same standardized 

input data. This publication rigorously 

specifies the equations for computing 

correction factors, rules for rounding, 

the sequence of the calculations, and the 

discrimination levels of all numbers to 

be used in these calculations. The 

Department incorporated this standard 

by reference into the regulations on 

March 29, 2012 [77 FR 18921], and API 

reaffirmed the standard without 

substantive change in September 2014. 

20. API MPMS, Chapter 14.5/GPA 

Standard 2172–09, Calculation of Gross 

Heating Value, Relative Density, 

Compressibility and Theoretical 

Hydrocarbon Liquid Content for Natural 

Gas Mixtures for Custody Transfer, 

Third Edition, January 2009, Reaffirmed 

February 2014. 

This standard provides criteria and 

procedures for designing, installing, and 

operating continuous density 

measurement systems for Newtonian 

fluids in the petroleum, chemical, and 

natural gas industries. The Department 

incorporated this standard by reference 

into the regulations on April 28, 2010 

[75 FR 22224], and API reaffirmed the 

standard without substantive change in 

February 2014. 

21. API MPMS Chapter 21—Flow 

Measurement Using Electronic Metering 

Systems, Section 2—Electronic Liquid 

Volume Measurement Using Positive 

Displacement and Turbine Meters, First 

Edition, June 1998, Reaffirmed October 

2016. 

This standard provides guidance for 

effective utilization of electronic liquid 

measurement systems for custody 

transfer measurement of liquid 

hydrocarbons: 

(1) Within the scope and field of 

application of API MPMS Chapter 12.2., 

(2) Which are single-phase liquids at 

measurement conditions, 

(3) For systems utilizing turbine or 

positive displacement meters, and 

(4) For systems using on-line CTL and 

CPL compensation. 

The Department incorporated this 

standard by reference into the 

regulations on March 29, 2012 [77 FR 

18921], and API reaffirmed the standard 

without substantive change in October 

2016. 

Procedural Matters 

Regulatory Planning and Review (E.O. 

12866, 13563, and 13771) 

Executive Order (E.O.) 12866 provides 

that the OMB Office of Information and 

Regulatory Affairs (OIRA) will review 

all significant rules. OIRA has 

determined that this rule is not 

significant. 

E.O. 13563 reaffirms the principles of 

E.O. 12866 while calling for 

improvements in the Nation’s regulatory 

system to promote predictability, to 

reduce uncertainty, and to use the best, 

most innovative, and least burdensome 

tools for achieving regulatory ends. E.O. 

13563 directs agencies to consider 

regulatory approaches that reduce 

burdens and maintain flexibility and 

freedom of choice for the public where 

these approaches are relevant, feasible, 

and consistent with regulatory 

objectives. E.O. 13563 further 

emphasizes that regulations must be 

based on the best available science and 

that the rulemaking process must allow 

for public participation and an open 

exchange of ideas. We have developed 

this rule in a manner consistent with 

these requirements in that the continued 

use of the reaffirmed standards 

promotes predictability, reduces 

uncertainity, and provides no additional 

burden. 

E.O. 13771 of January 30, 2017, 

directs Federal agencies to reduce the 

regulatory burden on regulated entities 

and control regulatory costs. E.O. 13771, 

however, applies only to significant 

regulatory actions, as defined in Section 

3(f) of E.O. 12866. Thus, E.O. 13771 

does not apply to this rulemaking. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

requires an agency to prepare a 

regulatory flexibility analysis for rules 

unless the agency certifies that the rule 

will not have a significant economic 

impact on a substantial number of small 

entities. The RFA applies only to rules 

for which an agency is required to first 

publish notice of a proposed rule. (See 

5 U.S.C. 603(a) and 604(a)). For the 

reasons described above, this rule is 

exempt from the notice publication 

requirement of the APA, therefore, the 

RFA does not apply. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: 

(1) Does not have an annual effect on 

the economy of $100 million or more; 

(2) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; and 

(3) Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

Unfunded Mandates Reform Act of 1995 

This rule does not impose an 

unfunded mandate on State, local, or 

tribal governments, or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 

unique effect on State, local, or tribal 

governments or the private sector. 

Therefore, a statement containing the 

information required by the Unfunded 


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84236 Federal Register / Vol. 85, No. 248 / Monday, December 28, 2020 / Rules and Regulations 

Mandates Reform Act (2 U.S.C. 1531 et 

seq.) is not required. 

Takings Implication Assessment (E.O. 

12630) 

This rule does not effect a taking of 

private property or otherwise have 

takings implications under E.O. 12630. 

Therefore, a takings implication 

assessment is not required. 

Federalism (E.O. 13132) 

Under the criteria in section 1 of E.O. 

13132, this rule does not have sufficient 

federalism implications to warrant the 

preparation of a federalism summary 

impact statement. To the extent that 

State and local governments have a role 

in Outer Continental Shelf activities, 

this rule will not affect that role. 

Therefore, a federalism summary impact 

statement is not required. 

Civil Justice Reform (E.O. 12988) 

This rule complies with the 

requirements of E.O. 12988. 

Specifically, this rule: 

(1) Meets the criteria of section 3(a) 

requiring that all regulations be 

reviewed to eliminate errors and 

ambiguity and be written to minimize 

litigation; and 

(2) Meets the criteria of section 3(b)(2) 

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

Consultation With Indian Tribes (E.O. 

13175 and Departmental Policy) 

The Department of the Interior strives 

to strengthen its government-togovernment relationship with Indian 

tribes through a commitment to 

consultation with Indian tribes and 

recognition of their right to selfgovernance and tribal sovereignty. This 

rule has been evaluated under the 

Department of the Interior’s 

consultation policy, under Departmental 

Manual Part 512 Chapters 4 and 5, and 

under the criteria in E.O. 13175. It has 

been determined that the rule will have 

no substantial direct effects on 

Federally-recognized Indian tribes or 

Alaska Native Claims Settlement Act 

(ANCSA) Corporations, and that 

consultation under the Department of 

the Interior’s tribal and ANCSA 

consultation policies is not required. 

Paperwork Reduction Act (PRA) of 1995 

This rule does not contain new 

information collection requirements, 

and a submission to the OMB under the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.) is not required. 

National Environmental Policy Act 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. A 

detailed statement under the National 

Environmental Policy Act of 1969 

(NEPA) is not required because, as a 

regulation of an administrative nature, 

this rule is covered by a categorical 

exclusion (see 43 CFR 46.210(i)). BSEE 

also determined that the rule does not 

implicate any of the extraordinary 

circumstances listed in 43 CFR 46.215 

that would require further analysis 

under NEPA. Therefore, a detailed 

statement under NEPA is not required. 

Data Quality Act 

In developing this rule, we did not 

conduct or use a study, experiment, or 

survey requiring peer review under the 

Data Quality Act (Pub. L. 106–554, app. 

C, sec. 515, 114 Stat. 2763, 2763A–153– 

154). 

Effects on the Nation’s Energy Supply 

(E.O. 13211) 

This rule is not a significant energy 

action under the definition in E.O. 

13211. The rule is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. A 

Statement of Energy Effects is not 

required. 

Clarity of This Regulation 

We are required by E.O. 12866, E.O. 

12988, and by the Presidential 

Memorandum of June 1, 1998, to write 

all rules in plain language. This means 

that each rule we publish must: 

(1) Be logically organized; 

(2) Use the active voice to address 

readers directly; 

(3) Use clear language rather than 

jargon; 

(4) Be divided into short sections and 

sentences; and 

(5) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in the ADDRESSES

section. To better help us revise the 

rule, your comments should be as 

specific as possible. For example, you 

should tell us the numbers of the 

sections or paragraphs that you find 

unclear, which sections or sentences are 

too long, the sections where you feel 

lists or tables would be useful, etc. 

List of Subjects in 30 CFR Part 250 

Administrative practice and 

procedure, Continental shelf, 

Environmental impact statements, 

Environmental protection, Incorporation 

by reference, Investigations, Oil and gas 

exploration, Penalties, Pipelines, 

Reporting and recordkeeping 

requirements, Sulfur. 

Casey Hammond, 

Principal Deputy Assistant Secretary, Land 

and Minerals Management. 

For the reasons stated in the 

preamble, BSEE amends 30 CFR part 

250 as follows: 

PART 250—OIL AND GAS AND 

SULFUR OPERATIONS IN THE OUTER 

CONTINENTAL SHELF 

■ 1. The authority citation for part 250 

continues to read as follows: 

Authority: 30 U.S.C. 1751, 31 U.S.C. 9701, 

33 U.S.C. 1321(j)(1)(C), 43 U.S.C. 1334. 

Subpart A—General 

■ 2. Amend § 250.198 by revising 

paragraphs (e)(8), (9), (11), (12), (14), 

and (16), (e)(20) through (24), (e)(26) 

through (28), (e)(34), (e)(43) through 

(46), and (e)(50) and (55) to read as 

follows: 

§ 250.198 Documents incorporated by 

reference. 

* * * * * 

(e) * * * 

(8) API MPMS Chapter 2—Tank 

Calibration, Section 2A—Measurement 

and Calibration of Upright Cylindrical 

Tanks by the Manual Tank Strapping 

Method, First Edition, February 1995; 

reaffirmed August 2017; incorporated by 

reference at § 250.1202; 

(9) API MPMS Chapter 2—Tank 

Calibration, Section 2B—Calibration of 

Upright Cylindrical Tanks Using the 

Optical Reference Line Method, First 

Edition, March 1989; reaffirmed April 

2019 (including Addendum 1, October 

2019); incorporated by reference at 

§ 250.1202; 

* * * * * 

(11) API MPMS Chapter 3—Tank 

Gauging, Section 1B—Standard Practice 

for Level Measurement of Liquid 

Hydrocarbons in Stationary Tanks by 

Automatic Tank Gauging, Second 

Edition, June 2001; reaffirmed February 

2016; incorporated by reference at 

§ 250.1202; 

(12) API MPMS Chapter 4—Proving 

Systems, Section 1—Introduction, Third 

Edition, February 2005; reaffirmed June 

2014; incorporated by reference at 

§ 250.1202; 

* * * * * 

(14) API MPMS Chapter 4—Proving 

Systems, Section 4—Tank Provers, 

Second Edition, May 1998, reaffirmed 

May 2015; incorporated by reference at 

§ 250.1202; 

* * * * * 

(16) API MPMS Chapter 4—Proving 

Systems, Section 6—Pulse Interpolation, 


tkelley on DSKBCP9HB2PROD with RULES
Federal Register / Vol. 85, No. 248 / Monday, December 28, 2020 / Rules and Regulations 84237 

Second Edition, May 1999; Errata April 

2007; reaffirmed October 2013; 

incorporated by reference at § 250.1202; 

* * * * * 

(20) API MPMS Chapter 5—Metering, 

Section 2—Measurement of Liquid 

Hydrocarbons by Displacement Meters, 

Third Edition, September 2005; 

reaffirmed July 2015; incorporated by 

reference at § 250.1202; 

(21) API MPMS Chapter 5—Metering, 

Section 3—Measurement of Liquid 

Hydrocarbons by Turbine Meters, Fifth 

Edition, September 2005; reaffirmed 

August 1, 2014; incorporated by 

reference at § 250.1202; 

(22) API MPMS Chapter 5—Metering, 

Section 4—Accessory Equipment for 

Liquid Meters, Fourth Edition, 

September 2005; reaffirmed August 

2015; incorporated by reference at 

§ 250.1202; 

(23) API MPMS Chapter 5—Metering, 

Section 5—Fidelity and Security of 

Flow Measurement Pulsed-Data 

Transmission Systems, Second Edition, 

August 2005; reaffirmed August 2015; 

incorporated by reference at § 250.1202; 

(24) API MPMS Chapter 5—Metering, 

Section 6—Measurement of Liquid 

Hydrocarbons by Coriolis Meters; First 

Edition, October 2002; reaffirmed 

November 2013; incorporated by 

reference at § 250.1202; 

* * * * * 

(26) API MPMS Chapter 6—Metering 

Assemblies, Section 1—Lease 

Automatic Custody Transfer (LACT) 

Systems, Second Edition, May 1991; 

reaffirmed May 2012; incorporated by 

reference at § 250.1202; 

(27) API MPMS Chapter 6—Metering 

Assemblies, Section 6—Pipeline 

Metering Systems, Second Edition, May 

1991; reaffirmed December 2017; 

incorporated by reference at § 250.1202; 

(28) API MPMS Chapter 6—Metering 

Assemblies, Section 7—Metering 

Viscous Hydrocarbons, Second Edition, 

May 1991; reaffirmed March 2018; 

incorporated by reference at § 250.1202; 

* * * * * 

(34) API MPMS Chapter 10— 

Sediment and Water, Section 1— 

Standard Test Method for Sediment in 

Crude Oils and Fuel Oils by the 

Extraction Method, Third Edition, 

November 2007; reaffirmed October 

2012; incorporated by reference at 

§ 250.1202; 

* * * * * 

(43) API MPMS, Chapter 12— 

Calculation of Petroleum Quantities, 

Section 2—Calculation of Petroleum 

Quantities Using Dynamic Measurement 

Methods and Volumetric Correction 

Factors, Part 1—Introduction, Second 

Edition, May 1995; reaffirmed March 

2014; incorporated by reference at 

§ 250.1202; 

(44) API MPMS, Chapter 12— 

Calculation of Petroleum Quantities, 

Section 2—Calculation of Petroleum 

Quantities Using Dynamic Measurement 

Methods and Volumetric Correction 

Factors, Part 2—Measurement Tickets, 

Third Edition, June 2003; reaffirmed 

February 2016; incorporated by 

reference at § 250.1202; 

(45) API MPMS Chapter 12— 

Calculation of Petroleum Quantities, 

Section 2—Calculation of Petroleum 

Quantities Using Dynamic Measurement 

Methods and Volumetric Correction 

Factors, Part 3—Proving Reports; First 

Edition, October 1998, reaffirmed March 

2014; incorporated by reference at 

§ 250.1202(a) and (g); 

(46) API MPMS Chapter 12— 

Calculation of Petroleum Quantities, 

Section 2—Calculation of Petroleum 

Quantities Using Dynamic Measurement 

Methods and Volumetric Correction 

Factors, Part 4—Calculation of Base 

Prover Volumes by the Waterdraw 

Method, First Edition, December 1997; 

reaffirmed September 2014; 

incorporated by reference at 

§ 250.1202(a), (f), and (g); 

* * * * * 

(50) API MPMS, Chapter 14.5/GPA 

Standard 2172–09; Calculation of Gross 

Heating Value, Relative Density, 

Compressibility and Theoretical 

Hydrocarbon Liquid Content for Natural 

Gas Mixtures for Custody Transfer; 

Third Edition, January 2009; reaffirmed 

February 2014; incorporated by 

reference at § 250.1203; 

* * * * * 

(55) API MPMS Chapter 21—Flow 

Measurement Using Electronic Metering 

Systems, Section 2—Electronic Liquid 

Volume Measurement Using Positive 

Displacement and Turbine Meters; First 

Edition, June 1998; reaffirmed October 

2016; incorporated by reference at 

§ 250.1202(a); 

* * * * * 

Subpart L—Oil and Gas Production 

Measurement, Surface Commingling, 

and Security 

§ 250.1203 [AMENDED] 

■ 3. In § 250.1203(b)(4), at the end of the 

last sentence, add ‘‘(incorporated by 

reference as specified in § 250.198)’’. 

[FR Doc. 2020–27238 Filed 12–23–20; 8:45 am] 

BILLING CODE 4310–VH–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 44 

[Docket ID: DOD–2020–OS–0041] 

RIN 0790–AL00 

Screening the Ready Reserve 

AGENCY: Office of the Under Secretary of 

Defense, Personnel & Readiness 

(Manpower and Reserve Affairs), 

Department of Defense (DoD). 

ACTION: Interim final rule. 

SUMMARY: In light of the 

Administration’s continuing response to 

COVID–19, DoD is amending the CFR to 

aid civilian employers in more quickly 

identifying key employees so the 

Department can better understand the 

capacity and capability available to 

support the response to the current 

pandemic and to avoid military-civilian 

manpower conflicts in future 

Declarations of National Emergency or 

in military mobilizations. 

DATES: This rule is effective December 

28, 2020. Comments must be received 

by February 26, 2021. 

ADDRESSES: You may submit comments, 

identified by docket number and/or 

Regulatory Information Number (RIN) 

number and title, through the Federal 

Rulemaking Portal at http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

DoD cannot receive written comments at 

this time due to the COVID–19 

pandemic. The general policy for 

comments and other submissions from 

members of the public is to make these 

submissions available for public 

viewing as they are received, without 

change, including any personal 

identifiers or contact information. 

FOR FURTHER INFORMATION CONTACT: 

CAPT Daryl P. Schaffer, 703–697–3837. 

SUPPLEMENTARY INFORMATION: DoD’s 

internal policy, DoD Directive 1200.7, 

Screening the Ready Reserve, at https:// 

www.esd.whs.mil/Portals/54/ 

Documents/DD/issuances/dodd/ 

120007p.pdf) establishes requirements 

for federal government employers and 

this rule parallels those requirements for 

application to non-federal employers, 

i.e., all employers not of the federal 

government (state, local, non-profit, 

private, self-employed, etc.), hereafter 

referred to as ‘‘employer.’’ 

Legal Authority 

10 U.S. Code 12302 authorizes the 

President to recall up to one million 

reservists for up to two years in times 

of national emergency 10 U.S.C. 10149, 


tkelley on DSKBCP9HB2PROD with RULES