Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Proposed Rules 72761 

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: 

(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. 

Dated: November 19, 2010. 

Edward J. DeMarco, 

Acting Director, Federal Housing Finance 

Agency. 

[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 

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-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: http:// 

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 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, http:// 

www.global.ihs.com and; AGA 

Standard/Document 1–800–699–9277— 

Toll free in US & Canada http:// 

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: http:// 

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 


srobinson on DSKHWCL6B1PROD with PROPOSALS
72762 Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Proposed Rules 

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 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 

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 


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Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Proposed Rules 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 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 

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 


srobinson on DSKHWCL6B1PROD with PROPOSALS
72764 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 

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 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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Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Proposed Rules 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 § 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 § 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); 


srobinson on DSKHWCL6B1PROD with PROPOSALS
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, 

http://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 § 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 

AGENCY: Department of Defense. 

ACTION: Proposed rule. 

SUMMARY: 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: http:// 

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 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://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. 


srobinson on DSKHWCL6B1PROD with PROPOSALS