18916 Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Rules and Regulations 

be contained within part 25 of title 28 

of the Code of Federal Regulations. 

Regulatory Flexibility Act 

This rule, which involves the minor 

correction of an existing regulation, will 

not have a significant economic impact 

on a substantial number of small 

entities. This rule has no new cost to 

State, local, or tribal governments, or to 

the private sector. Such costs as the 

NMVTIS program imposes exist by 

virtue of the regulations promulgated in 

2009 pursuant to notice and comment, 

which contained an impact analysis. 

Therefore, an analysis of the impact of 

this regulation on such entities is not 

required under the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.). 

Paperwork Reduction Act of 1995 

This rule, which involves the minor 

correction of an existing regulation, 

contains no new information collection 

or record-keeping requirements under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501, et seq.). 

Unfunded Mandates Reform Act of 1995 

This rule, which involves the minor 

correction of an existing regulation, will 

not result in the expenditure by State, 

local, and tribal governments, in the 

aggregate, or by the private sector, of 

$100,000,000 or more in any one year, 

and it will not significantly or uniquely 

affect small governments. Therefore, no 

actions were deemed necessary under 

the provisions of the Unfunded 

Mandates Reform Act of 1995. 

List of Subjects in 28 CFR Part 25 

Crime, Law enforcement, Motor 

vehicle safety, Motor vehicles, 

Reporting and recordkeeping 

requirements, Transportation. 

Authority and Issuance 

Accordingly, for the reasons set forth 

in the preamble, Title 28, Part 25, 

Subpart B of the Code of Federal 

Regulations is amended as follows: 

PART 25—DEPARTMENT OF JUSTICE 

INFORMATION SYSTEMS 

■ 1. The authority citation for 28 CFR 

Part 25 continues to read as follows: 

Authority: Public Law 103–159, 107 Stat. 

1536, 49 U.S.C. 30501–30505; Public Law 

101–410, 104 Stat. 890, as amended by Public 

Law 104–134, 110 Stat. 1321. 

Subpart B—National Motor Vehicle 

Title Information System (NMVTIS) 

§ 25.52 [Amended] 

■ 2. In § 25.52, in the definition of Motor 

vehicle, remove ‘‘3102(6)’’ and add in its 

place ‘‘30102(6)’’. 

§ 25.53 [Amended] 

■ 3. Section 25.53(f)(2) is amended by 

removing ‘‘titled’’ and by adding in its 

place ‘‘registered’’. 

Dated: March 21, 2012. 

Mary Lou Leary, 

Acting Assistant Attorney General. 

[FR Doc. 2012–7473 Filed 3–28–12; 8:45 am] 

BILLING CODE 4410–18–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Safety and Environmental 

Enforcement 

30 CFR Part 250 

[Docket ID BSEE–2012–0003] 

RIN 1014–AA01 

Production Measurement Documents 

Incorporated by Reference 

AGENCY: Bureau of Safety and 

Environmental Enforcement (BSEE), 

Interior. 

ACTION: Final rule. 

SUMMARY: BSEE is establishing a final 

rule to incorporate by reference 12 

additional production measurement 

industry standards into the regulations 

governing oil, gas, and sulphur 

operations in the Outer Continental 

Shelf. Incorporation of these production 

measurement standards provides 

industry with up-to-date standards for 

measuring oil and gas production 

volumes. This rule will result in more 

accurate and efficient measurement of 

oil and gas production. 

DATES: Effective Date: This final rule 

becomes effective on May 29, 2012. The 

incorporation by reference of certain 

publications listed in the rule is 

approved by the Director of the Federal 

Register as of May 29, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Wilbon Rhome, Regulations and 

Standards Branch, at 

Wilbon.Rhome@BSEE.gov, 703–787– 

1587. 

SUPPLEMENTARY INFORMATION: This Final 

Rule falls under the authority of BSEE 

and as such, new Regulation Identifier 

Number (RIN) and Docket ID numbers 

were assigned to this rulemaking. The 

new RIN for this Final Rule is 1014– 

AA01, will replace RIN 1010–AD53 

from the proposed rule. The Docket is 

now BSEE–2012–0003, replacing 

BOEM–2010–0033. 

BSEE uses standards, specifications, 

and recommended practices developed 

by standard-setting organizations and 

the oil and gas industry as a means of 

establishing requirements for activities 

in the Outer Continental Shelf (OCS). 

This practice, known as incorporation 

by reference, allows BSEE to incorporate 

the requirements of technical 

documents into the regulations at 30 

CFR 250.198 without increasing the 

volume of the Code of Federal 

Regulations (CFR). 

The regulations found at 1 CFR part 

51 govern how BSEE and other Federal 

agencies incorporate by reference the 

requirements found in various 

documents. Agencies can incorporate by 

reference only through publication in 

the Federal Register. Agencies must 

also obtain approval from the Director of 

the Federal Register for each publication 

incorporated by reference. Incorporation 

by reference of a document or 

publication is limited to the edition of 

the document or publication cited in the 

regulations. Accordingly, newer 

editions, amendments, or revisions to 

documents already incorporated by 

reference in regulations are not part of 

BSEE regulations. 

In some cases, BSEE may not agree 

with a standard or a specific section in 

a standard. As a result, a standard may 

not be included in the regulations at all 

or only a portion may be included. 

Why Technical Standards Are 

Important 

Industry standards incorporated in 

BSEE regulations are invaluable for a 

variety of reasons. In some instances 

they enable us to avoid unnecessarily 

detailed regulations. They have helped 

us to evolve from a regulatory process 

that reacts to inadequacies in OCS 

operations to a more orderly process 

that recognizes technical innovation and 

progressive ideas aimed at improving 

performance, safety, and efficiencies. 

Industry standards are also important 

because the law mandates their use by 

Federal agencies under certain 

circumstances. 

Legal and Policy Mandates 

Legal and Policy mandates to Federal 

agencies, including BSEE, to use 

industry standards include the 

following: 

• In October 1993, the Office of 

Management and Budget (OMB) issued 

a revised Circular A–119 entitled, 

‘‘Federal Participation in the 

Development and Use of Voluntary 

Standards’’. This Circular established 

the policy for participation by Federal 

employees in the development of 

technical standards and the use of 

voluntary standards by Federal 

agencies. 

• In March 1996, President Clinton 

codified this OMB policy into Federal 

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Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Rules and Regulations 18917 

law when he signed the National 

Technology Transfer and Advancement 

Act (NTTAA). This Act requires Federal 

agencies to achieve greater reliance on 

technical standards developed or 

adopted by voluntary consensus bodies, 

that are consistent with the agency’s 

mission, with lessened dependence on 

in-house regulations. 

• A final revision of OMB Circular A– 

119 was issued effective February 19, 

1998. The Circular now directs agencies 

to use voluntary consensus standards in 

lieu of government-unique standards 

except where inconsistent with law or 

otherwise impractical. The policies in 

this Circular are intended to reduce to 

a minimum the reliance by agencies on 

government-unique standards. 

Summary of Documents Incorporated 

by Reference in This Rule 

BSEE is incorporating the 

requirements found in 12 measurement 

documents (nine American Petroleum 

Institute (API) and three American Gas 

Association (AGA) documents) to add 

the most current and updated 

measurement standards to provide 

industry with up-to-date guidance for 

measurement technology. The 

incorporation of these additional 

standards will promote the use of the 

best available and most accurate 

measurement technologies while 

operating in the OCS. 

Measurement documents were chosen 

for incorporation into the regulations 

based on the latest technological 

advances introduced in these standards 

and highlighted in the synopsis below. 

BSEE, with the cooperation of 

independent reviewers from industry 

and academia, reviewed and 

commented on the contents of these 

documents in the course of their 

development. To ensure as consistent an 

approach as possible to onshore and 

offshore oil and gas measurement 

regulations the Department of the 

Interior’s Gas and Oil Measurement 

Team (GOMT) reviewed the standards 

proposed for incorporation in this final 

rule. The GOMT, composed of BLM and 

BSEE oil and gas measurement experts, 

was established in August 2010 to 

provide technical and regulatory 

expertise to help ensure that oil and gas 

produced from Federal and Indian 

leases are accurately measured and 

properly reported and to provide greater 

regulatory consistency within the 

Department where possible. 

Based on its review, BSEE determined 

that three of the standards in the 

proposed rule would not be included in 

this final rule. These standards may be 

further considered in subsequent 

rulemakings. The following three API 

standards are not included in this Final 

Rule because they are generally not 

applicable to offshore operations: 

• API MPMS Chapter 2.2E— 

Petroleum and Liquid Petroleum 

Products—Calibration of Horizontal 

Cylindrical Tanks–Part 1: Manual 

Methods, First Edition, April 2004, ISO 

12917–1: 2002 (Identical), Petroleum 

and liquid petroleum products— 

Calibration of horizontal cylindrical 

tanks—Part 1: Manual methods; 

• API MPMS Chapter 2.2F— 

Petroleum and Liquid Petroleum 

Products—Calibration of Horizontal 

Cylindrical Tanks—Part 2: Internal 

Electro-optical Distance-Ranging 

Method, First Edition, April 2004, ISO 

12917–2:2002 (Identical), Petroleum and 

liquid petroleum products—Calibration 

of horizontal cylindrical tanks—Part 2: 

Internal electro-optical distance-ranging 

method; and 

• API MPMS Chapter 12—Manual of 

Petroleum Measurement Standards 

Chapter 12—Calculation of Petroleum 

Quantities, Section 2—Calculation of 

Petroleum Quantities Using Dynamic 

Measurement Methods and Volumetric 

Correction Factors, Part 5—Calculation 

of Base Prover Volume by Master Meter 

Method; First Edition, September 2001; 

Reaffirmed October 2006. 

BSEE regularly participates in the 

reviews, revisions, and updates of 

standards to determine if additional 

versions should be incorporated into 

our regulations. Additions may be 

necessary because of changes in 

technology, environmental concerns, or 

operational incidents or trends in 

industry. Also, BSEE may request that a 

standard-writing body develop a new 

standard based on incident analysis or 

due to the introduction of new 

exploration or production techniques or 

new technologies. 

BSEE has reviewed the following 

requirements in the nine documents 

discussed below and has decided to 

incorporate the documents into the 

regulations at 30 CFR part 250 to ensure 

that industry uses the best available and 

most accurate measurement 

technologies. BSEE review shows that 

using the standards contained in these 

documents will not impose significant 

additional costs on the offshore oil and 

gas industry. 

A summary of BSEE’s review of the 

documents is provided below: 

• AGA Report No. 7—Measurement 

of Natural Gas by Turbine Meters; 

Revised February 2006: 

This standard applies to the 

installation, calibration, and operation 

of axial-flow turbine flow meters for 

measurement of natural gas, typically 2- 

inch and larger bore diameter, in which 

the entire gas stream flows through the 

meter rotor. Typical applications 

include measuring single-phase gas flow 

found in production, process, 

transmission, storage, distribution, and 

end-use gas measurement systems. 

• AGA Report No. 9—Measurement 

of Gas by Multipath Ultrasonic Meters; 

Second Edition, April 2007: 

This standard describes the optimum 

conditions and best practices for 

multipath ultrasonic transit-time flow 

meters used for the measurement of 

natural gas. Multipath ultrasonic meters 

have at least two independent pairs of 

measuring transducers (acoustic paths). 

Typical applications include measuring 

the flow of gas through production 

facilities, transmission pipelines, 

storage facilities, distribution systems, 

and large end-use customer meter sets. 

BSEE currently requires multipath 

ultrasonic meters used for gas royalty or 

allocation measurement to contain at 

least three independent pairs of 

measuring transducers, and that 

requirement remains unchanged. 

• AGA Report No. 10—Speed of 

Sound in Natural Gas and Other 

Related Hydrocarbon Gases; January 

2003: 

This standard contains information 

for computation of the speed of sound 

in natural gas and other related 

hydrocarbon gases. Procedures are 

included for computation of several 

related gas properties, including heat 

capacity, enthalpy, and the critical flow 

coefficient for sonic nozzles. 

• API MPMS Chapter 4—Manual of 

Petroleum Measurement Standards 

Chapter 4—Proving Systems, Section 

8—Operation of Proving Systems; First 

Edition, November 1995; Reaffirmed 

March 2007: 

This standard provides information 

on operating meter provers in 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—Manual of 

Petroleum Measurement Standards 

Chapter 5—Metering, Section 6— 

Measurement of Liquid Hydrocarbons 

by Coriolis Meters; First Edition, October 

2002; Reaffirmed March 2008: 

This standard is applicable to custody 

transfer applications for liquid 

hydrocarbons. Topics covered are: 

Æ Applicable API standards used in 

the operation of Coriolis meters; 

Æ Proving and verification using both 

mass and volume-based methods; and 

Æ Installation, operation, and 

maintenance. 

The mass and volume-based 

calculation procedures for proving and 

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18918 Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Rules and Regulations 

quantity determination are included in 

this document. Additionally, the 

Coriolis meter is capable of 

simultaneously determining density; 

however, this document does not 

address its use as a stand-alone 

densitometer. 

• API MPMS Chapter 5—Manual of 

Petroleum Measurement Standards 

Chapter 5—Metering, Section 8— 

Measurement of Liquid Hydrocarbons 

by Ultrasonic Flow Meters Using Transit 

Time Technology; First Edition, 

February 2005: 

This standard defines the application 

criteria for Ultrasonic Flow Meters 

(UFMs) and addresses the appropriate 

considerations regarding the liquids to 

be measured. Also, this document 

addresses the installation, operation, 

and maintenance of UFMs in liquid 

hydrocarbon service. This standard 

pertains only to spool type, two-or 

more-path ultrasonic flow meters with 

permanently affixed transducer 

assemblies. While this document was 

specifically written for custody transfer 

measurement, other acceptable 

applications may include allocation 

measurement, check meter 

measurement, and leak detection 

measurement. 

• API MPMS Chapter 11—Manual of 

Petroleum Measurement Standards 

Chapter 11—Physical Properties Data, 

Section 1—Temperature and Pressure 

Volume Correction Factors for 

Generalized Crude Oils, Refined 

Products, and Lubricating Oils; May 

2004; Addendum 1, September 2007: 

This standard provides the algorithm 

and implementation procedure for the 

correction of temperature and pressure 

effects on density and volume of liquid 

hydrocarbons which fall within the 

categories of crude oil, refined products, 

or lubricating oils. Natural gas liquids 

and liquid petroleum gases are excluded 

from this standard. The combination of 

density and volume correction factors 

for both temperature and pressure is 

collectively referred to in this standard 

as a Correction for Temperature and 

Pressure of a Liquid. The temperature 

portion of this correction is termed the 

Correction for the effect of Temperature 

on Liquid, also historically known as 

Volume Correction Factor. The pressure 

portion is termed the Correction for the 

effect of Pressure on Liquid. 

• API MPMS Chapter 12—Manual of 

Petroleum Measurement Standards 

Chapter 12—Calculation of Petroleum 

Quantities, Section 2—Calculation of 

Petroleum Quantities Using Dynamic 

Measurement Methods and Volumetric 

Correction Factors, Part 3—Proving 

Reports; First Edition, October 1998; 

Reaffirmed 2009: 

This standard provides standardized 

calculation methods for the 

determination of meter factors under 

defined conditions, regardless of the 

point of origin or destination or units of 

measure required by governmental 

customs or statute. The criteria 

contained here will allow different 

entities using various computer 

languages on different computer 

hardware (or by manual calculations) to 

arrive at identical results using the same 

standardized input data. This document 

also specifies the equations for 

computing correction factors, including 

the calculation sequence, discrimination 

levels, and rules for rounding to be 

employed in the calculations. No 

deviations from these specified 

equations are permitted, since the intent 

of this document is to establish a 

rigorous standard. 

• API MPMS Chapter 12—Manual of 

Petroleum Measurement Standards 

Chapter 12—Calculation of Petroleum 

Quantities, Section 2—Calculation of 

Petroleum Quantities Using Dynamic 

Measurement Methods and Volumetric 

Correction Factors, Part 4—Calculation 

of Base Prover Volumes by the 

Waterdraw Method; First Edition, 

December 1997; Reaffirmed 2009: 

This standard provides standardized 

calculation methods for the 

quantification of liquids and the 

determination of base prover volumes 

under defined conditions, regardless of 

the point of origin or destination or 

units of measure required by 

governmental organizations. The criteria 

contained in this document allow 

different individuals, using various 

computer languages on different 

computer hardware (or manual 

calculations), to arrive at identical 

results using the same standardized 

input data. Part 4 of this standard 

discusses the calculation procedures for 

the waterdraw calibration method. It is 

important to point out that this 

publication specifies the equations for 

computing correction factors, rules for 

rounding, the sequence of the 

calculations, and discrimination levels 

of all numbers to be used in these 

calculations. No deviations from these 

specifications are permitted since the 

intent of this document is to serve as a 

rigorous standard. 

• API MPMS, Chapter 21—Manual of 

Petroleum Measurement Standards 

Chapter 21—Flow Measurement Using 

Electronic Metering Systems, Section 

2—Electronic Liquid Volume 

Measurement Using Positive 

Displacement and Turbine Meters; First 

Edition, June 1998: 

This standard provides guidance for 

effective utilization of electronic liquid 

measurement systems for custody 

transfer measurement of liquid 

hydrocarbons. The guidance applies to 

systems using turbine or positive 

displacement meters. The procedures 

and techniques discussed in the 

document are recommended for use 

with new measurement applications. 

Liquid measurement using existing 

equipment and techniques not in 

compliance with this standard may have 

a higher uncertainty than liquid 

measurement based on the 

recommendations contained in this 

document. 

• API MPMS Chapter 21—Manual of 

Petroleum Measurement Standards 

Chapter 21—Flow Measurement Using 

Electronic Metering Systems, 

Addendum to Section 2—Flow 

Measurement Using Electronic Metering 

Systems, Inferred Mass; First Edition, 

August 2000; Reaffirmed February 2006: 

This standard specifically covers 

inferred mass measurement systems 

utilizing flow computers as the tertiary 

flow calculation device and either 

turbine or displacement-type meters, 

working with on-line density meters, as 

the primary measurement devices. The 

procedures and techniques discussed in 

this document are required for use with 

new measurement applications. Liquid 

measurement using existing equipment 

and techniques not in compliance with 

this standard may have a higher 

uncertainty than liquid measurement 

based on the recommendations 

contained in this document. 

• API RP 86, API Recommended 

Practice for Measurement of Multiphase 

Flow; First Edition, September 2005: 

This recommended practice addresses 

how the user measures (multiphase) 

flow rates of oil, gas, water, and any 

other fluids that are present in the 

effluent stream. This recommended 

practice requires the definition not only 

of the methodology that is to be 

employed, but also the provision of 

evidence that this methodology will 

produce a quality measurement in the 

intended environment. It is intended 

that this recommended practice be used 

in conjunction with other similar 

documents to guide the user toward 

good measurement practice in upstream 

hydrocarbon production applications. 

The term ‘‘upstream’’ refers to those 

measurement points prior to, but not 

including, the custody transfer point. 

Comments on the Proposed Rule 

On November 26, 2010, the former 

Bureau of Ocean Energy Management 

Regulation, and Enforcement (BOEMRE) 

published a rule proposing to 

incorporate 15 additional production 

measurement industry standards into 

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Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Rules and Regulations 18919 

the regulations governing oil, gas, and 

sulphur operations in the Outer 

Continental Shelf (75 FR 72761). The 

public comment period ended on 

January 25, 2011. BOEMRE received 

only two sets of comments on the 

proposed rule; one set from API, the 

other set was consolidated comments 

from the API, International Association 

of Drilling Contractors, Independent 

Petroleum Association of America, 

National Ocean Industries Association, 

Offshore Operators Committee, and US 

Oil and Gas Association. Some of the 

comments raised issues related to 

another rulemaking; those issues are not 

included in the discussion of comments 

on this rulemaking. You may view these 

comments on BSEE’s Web site at: http:// 

www.BSEE.gov/federalregister/ 

2010.htm. 

Discussion of Comments 

Comment: API’s standards 

committees comply with the American 

National Standards Institute (ANSI)- 

approved procedures for standards 

development which, among other 

things, require API standards to be 

reviewed every five years. The comment 

stated that API acknowledges that the 

proposed rule refers to the latest 

editions of the API standards listed in 

the proposed rule. API further 

commented, ‘‘However, we would like 

to point out that a number of these 

standards are under revision, consistent 

with API’s ANSI-approved procedures 

for standards development. As a result, 

new or revised editions will likely be 

published before the end of the year for 

a number of standards cited in the 

proposed rule, including: 

API MPMS Chapter 4.8 Operation of 

Proving Systems; 

API MPMS Chapter 5.8

Measurement of Liquid Hydrocarbons 

by Ultrasonic Flow Meters Using Transit 

Time Technology; 

API RP 86 Recommended Practice 

for Measurement of Multiphase Flow (to 

be replaced by API MPMS Chapter 20.3 

Measurement of Multiphase Flow).’’ 

Response: New or revised editions of 

the standards cited by API may be 

considered for possible incorporation 

either in whole or in part into BSEE’s 

regulations at the appropriate time. Of 

the documents suggested for 

incorporation, only the new edition of 

API MPMS Chapter 5.8 has been 

published; the other documents are still 

under development. API MPMS Chapter 

5.8 was recently released and BSEE is 

reviewing to determine if it wants to 

incorporate it in the future. BSEE will 

review revised or new standards when 

they are released and will prepare a 

Notice of Proposed Rulemaking if it 

decides to incorporate any or all of these 

three new editions. However, BSEE does 

not believe it is in the best interest of 

either the government or the industry to 

delay this rulemaking to incorporate the 

one recently released new standard or to 

wait for the publication of the other 

standards. Therefore, BSEE will move 

forward with the incorporation by 

reference of 12 additional standards in 

the form that they existed at the time 

BSEE completed its review of the 

standards for purposes of this Final 

Rule. These standards will result in 

more accurate and efficient 

measurement of oil and gas production 

in the OCS. 

Comment: API asked BSEE to clarify 

the intent of the new 30 CFR 

250.198(a)(3), promulgated as part of an 

Interim Final Rule, Increased Safety 

Measures for Energy Development on 

the Outer Continental Shelf, published 

on October 14, 2010 (75 FR 63346) and 

requested that BSEE give additional 

clarification on what is actually 

intended by the provision presented in 

that rule at 30 CFR 250.198(a)(3), and 

what is required. 

Response: This comment is beyond 

the scope of this rulemaking. The 

revised language was published in 

another proposed rule and BSEE will 

address this comment when that final 

rule is published. 

Availability of Incorporated Documents 

for Public Viewing 

When a copyrighted technical 

industry standard is incorporated by 

reference into the agency’s regulations, 

BSEE is obligated to observe and protect 

that copyright. BSEE provides members 

of the public with Web site addresses 

where these standards may be accessed 

for viewing—sometimes for free and 

sometimes for a fee. The decision to 

charge a fee is made by the standarddeveloping organization. API provides 

free online public access to 160 key 

industry standards, including a broad 

range of technical standards. The 

standards represent almost one-third of 

all API standards and include all that 

are safety-related or have been 

incorporated into Federal regulations, 

including the standards in this rule, as 

of the effective date. The newly 

accessible standards will be available 

for review online, and hardcopies and 

printable versions will continue to be 

available for purchase. BSEE is 

incorporating both API and AGA 

standards. The addresses to these Web 

site locations are: 

API Standard/Document Contact IHS 

at 1–800–854–7179 or 303–397–7956 

Local and International, http:// 

www.global.ihs.com; and AGA 

Standard/Document 1–800–699–9277 

Toll free in US & Canada http:// 

www.techstreet.com/contact.tmpl. You 

may view or purchase these API 

documents at: http://www.api.org/. 

For the convenience of the viewing 

public who may not wish to purchase or 

view these final documents online, they 

may be inspected at the Bureau of Safety 

and Environmental Enforcement, 381 

Elden Street, Room 3313, Herndon, 

Virginia 20170; phone: 703–787–1587; 

or at the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

These documents, now incorporated 

in the final rule, will continue to be 

made available to the public for viewing 

when requested. Specific information 

on where these documents can be 

inspected or purchased can be found at 

30 CFR 250.198, Documents 

Incorporated by Reference. 

Procedural Matters 

Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

This final rule is not a significant rule 

as determined by the Office of 

Management and Budget (OMB) and is 

not subject to review under E.O. 12866. 

This final rule: 

(1) Will not have an annual effect of 

$100 million or more on the economy. 

It will not adversely affect in a material 

way the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

or tribal governments or communities. 

The primary purpose of this final rule 

is to add the most current and updated 

measurement standards so that lessees 

use new measurement technology. BSEE 

believes that these additional standards 

will not result in any significant 

additional costs. The benefits of the 

final changes in this rule justify the 

negligible cost incurred by the offshore 

oil and gas industry. The cost to the 

industry in most cases will be minor 

equipment modification or replacement, 

some additional training and the 

purchase price of these documents. 

Compliance with the standards in the 

editions of these documents 

incorporated by reference will assure 

the use of the best available and most 

accurate measurement technologies for 

operations on the OCS. 

(2) Will not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency because it does not 

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18920 Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Rules and Regulations 

affect the work of other agencies or 

hinder other agencies from taking 

action. 

(3) Will not materially alter the 

budgetary effects or entitlements, grants, 

user fees, or loan programs or the rights 

or obligations of their recipients. 

(4) Will not raise novel, legal, or 

policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in E.O. 12866. 

Executive Order 13563 reaffirms the 

principles of E.O. 12866 while calling 

for improvements in the nation’s 

regulatory system to promote 

predictability, to reduce uncertainty, 

and to use the best, most innovative, 

and least burdensome tools for 

achieving regulatory ends. The 

executive order directs agencies to 

consider regulatory approaches that 

reduce burdens and maintain flexibility 

and freedom of choice for the public 

where these approaches are relevant, 

feasible, and consistent with regulatory 

objectives. E.O. 13563 emphasizes 

further that regulations must be based 

on the best available science and that 

the rulemaking process must allow for 

public participation and an open 

exchange of ideas. This final rule has 

been developed in a manner consistent 

with these requirements. 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this final rule will not have 

a significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). 

This final rule will affect lessees and 

operators of oil and gas leases in the 

OCS. This includes approximately 130 

active Federal oil and gas lessees. 

Lessees that conduct business under 

this rule are coded under the Small 

Business Administration’s (SBA) North 

American Industry Classification 

System (NAICS) codes 211111, Crude 

Petroleum and Natural Gas Extraction, 

and 213111, Drilling Oil and Gas Wells. 

For these NAICS code classifications, a 

small company is defined as one with 

fewer than 500 employees. BSEE 

estimates that approximately 70 percent 

of the 130 lessees and operators that 

explore for and produce oil and gas on 

the OCS meet the definition of a small 

company. This rule, which will 

incorporate 15 additional standards, 

will not have a significant economic 

effect on a substantial number of small 

companies because the newly 

incorporated standards will not impose 

significant costs or burdens on any 

lessees or operators. Therefore, the 

primary economic effect of this rule on 

small business will be the nominal cost 

associated with the purchase of the 

standards. 

Your comments are important. The 

Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and 10 Regional Fairness Boards were 

established to receive comments from 

small businesses about Federal agency 

enforcement actions. The Ombudsman 

will annually evaluate the enforcement 

activities and rate each agency’s 

responsiveness to small business. If you 

wish to comment on the actions of 

BSEE, call 1–888–734–3247. You may 

comment to the Small Business 

Administration without fear of 

retaliation. Allegations of 

discrimination/retaliation filed with the 

Small Business Administration will be 

investigated for appropriate action. 

Small Business Regulatory Enforcement 

Fairness Act 

The final rule is not a major rule 

under the Small Business Regulatory 

Enforcement Fairness Act (5 U.S.C. 801 

et seq.). This final rule: 

a. Will not have an annual effect on 

the economy of $100 million or more. 

b. Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. The cost to comply 

with the rule will virtually be the same 

as current requirements. 

c. Will not have a significant adverse 

effect on competition, employment, 

investment, productivity, innovation, or 

ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

The requirements will apply to all 

entities operating on the OCS. 

Unfunded Mandates Reform Act of 

1995 

This final rule will not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year. The 

final rule will not have a significant or 

unique effect on State, local, or tribal 

governments or the private sector. A 

statement containing the information 

required by the Unfunded Mandates 

Reform Act (2 U.S.C. 1501 et seq.) is not 

required. 

Takings Implication Assessment (E.O. 

12630) 

Under the criteria in E.O. 12630, this 

final rule does not have significant 

takings implications. The final rule is 

not a governmental action capable of 

interference with constitutionally 

protected property rights. A Takings 

Implication Assessment is not required. 

Federalism (E.O. 13132) 

Under the criteria in E.O. 13132, this 

final rule does not have federalism 

implications. This final rule will not 

substantially and directly affect the 

relationship between the Federal and 

State governments. To the extent that 

State and local governments have a role 

in OCS activities, this final rule will not 

affect that role. A Federalism 

Assessment is not required. 

Civil Justice Reform (E.O. 12988) 

This rule complies with the 

requirements of E.O. 12988. 

Specifically, this rule: 

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

requiring that all regulations be 

reviewed to eliminate errors and 

ambiguity and be written to minimize 

litigation; and 

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

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

Consultation With Indian Tribes (E.O. 

13175) 

Under the criteria in E.O. 13175, we 

have evaluated this final rule and 

determined that it has no potential 

effects on federally recognized Indian 

tribes. There are no Indian or tribal 

lands in the OCS. Nor are tribally 

owned businesses subject to the 

regulation. 

Paperwork Reduction Act 

The final revisions do not contain any 

information collection subject to the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et. seq.); therefore, a 

submission to OMB for review and 

approval is not required. 

National Environmental Policy Act of 

1969 (NEPA) 

This final rule does not constitute a 

major Federal action significantly 

affecting the quality of the human 

environment. BSEE has analyzed this 

final rule under the criteria of NEPA 

and 43 CFR part 46. This final rule 

meets the criteria set forth in 43 CFR 

46.210(i) for a Departmental 

‘‘Categorical Exclusion’’ in that this 

final rule is ‘‘* * * of an administrative, 

financial, legal, technical, or procedural 

nature * * *.’’ This final rule also 

meets the criteria set forth in 516 

Departmental Manual 15.4(C)(1) for a 

BSEE ‘‘Categorical Exclusion’’ in that its 

impacts are limited to administrative, 

economic or technological effects. We 

have also determined that the rule does 

not involve any of the extraordinary 

circumstances listed in 43 CFR 46.215 

that will require further analysis under 

NEPA. 

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Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Rules and Regulations 18921 

Data Quality Act 

In developing this rule, BSEE did not 

conduct or use a study, experiment, or 

survey requiring peer review under the 

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

C § 515, 114 Stat. 2763, 2763A–153– 

154). 

Effects on the Energy Supply (E.O. 

13211) 

This rule is not a significant energy 

action under the definition in E.O. 

13211. A Statement of Energy Effects is 

not required. 

List of Subjects in 30 CFR Part 250 

Continental shelf, Incorporation by 

reference, Public lands—mineral 

resources, Reporting and recordkeeping 

requirements. 

Dated: March 16, 2012. 

Marcilynn A. Burke, 

Acting Assistant Secretary—Land and 

Minerals Management. 

For the reasons stated in the 

preamble, BSEE proposes to amend 30 

CFR part 250 as follows: 

PART 250—OIL AND GAS AND 

SULPHUR OPERATIONS IN THE 

OUTER CONTINENTAL SHELF 

■ 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 (h)(76) through (h)(80) as 

(h)(75) through (h)(79); and 

■ b. Adding paragraphs (h)(80) through 

(h)(88) and (l) to read as follows: 

§ 250.198 Documents incorporated by 

reference. 

* * * * * 

(h) * * * 

(80) API Manual of Petroleum 

Measurement Standards (MPMS) 

Chapter 4—Proving Systems, Section 

8—Operation of Proving Systems; First 

Edition, reaffirmed March 2007; 

incorporated by reference at 

§ 250.1202(a)(2), (a)(3), (f)(1), and (g); 

(81) API Manual of Petroleum 

Measurement Standards (MPMS) 

Chapter 5—Metering, Section 6— 

Measurement of Liquid Hydrocarbons 

by Coriolis Meters; First Edition, 

reaffirmed March 2008; incorporated by 

reference at § 250.1202(a)(2) and (3); 

(82) API Manual of Petroleum 

Measurement Standards (MPMS) 

Chapter 5—Metering, Section 8— 

Measurement of Liquid Hydrocarbons 

by Ultrasonic Flow Meters Using Transit 

Time Technology; First Edition, 

February 2005; incorporated by 

reference at § 250.1202(a)(2) and (3); 

(83) API Manual of Petroleum 

Measurement Standards (MPMS) 

Chapter 11—Physical Properties Data, 

Section 1—Temperature and Pressure 

Volume Correction Factors for 

Generalized Crude Oils, Refined 

Products, and Lubricating Oils; May 

2004, (incorporating Addendum 1, 

September 2007); incorporated by 

reference at § 250.1202(a)(2), (a)(3), (g), 

and (l)(4); 

(84) API Manual of Petroleum 

Measurement Standards (MPMS) 

Chapter 12—Calculation of Petroleum 

Quantities, Section 2—Calculation of 

Petroleum Quantities Using Dynamic 

Measurement Methods and Volumetric 

Correction Factors, Part 3—Proving 

Reports; First Edition, reaffirmed 2009; 

incorporated by reference at 

§ 250.1202(a)(2), (a)(3), and (g); 

(85) API Manual of Petroleum 

Measurement Standards (MPMS) 

Chapter 12—Calculation of Petroleum 

Quantities, Section 2—Calculation of 

Petroleum Quantities Using Dynamic 

Measurement Methods and Volumetric 

Correction Factors, Part 4—Calculation 

of Base Prover Volumes by the 

Waterdraw Method, First Edition, 

reaffirmed 2009; incorporated by 

reference at § 250.1202(a)(2), (a)(3), 

(f)(1), and (g); 

(86) API Manual of Petroleum 

Measurement Standards (MPMS) 

Chapter 21—Flow Measurement Using 

Electronic Metering Systems, Section 

2—Electronic Liquid Volume 

Measurement Using Positive 

Displacement and Turbine Meters; First 

Edition, June 1998; incorporated by 

reference at § 250.1202(a)(2); 

(87) API Manual of Petroleum 

Measurement Standards Chapter 21— 

Flow Measurement Using Electronic 

Metering Systems, Addendum to 

Section 2—Flow Measurement Using 

Electronic Metering Systems, Inferred 

Mass; First Edition, reaffirmed February 

2006; incorporated by reference at 

§ 250.1202(a)(2); 

(88) API RP 86, API Recommended 

Practice for Measurement of Multiphase 

Flow; First Edition, September 2005; 

incorporated by reference at 

§ 250.1202(a)(2), (a)(3), and 

§ 250.1203(b)(2). 

* * * * * 

(l) American Gas Association (AGA 

Reports), 400 North Capitol Street, NW., 

Suite 450, Washington, DC 20001, 

http://www.aga.org; phone: 202–824– 

7000; 

(1) AGA Report No. 7—Measurement 

of Natural Gas by Turbine Meters; 

Revised February 2006; incorporated by 

reference at § 250.1203(b)(2); 

(2) AGA Report No. 9—Measurement 

of Gas by Multipath Ultrasonic Meters; 

Second Edition, April 2007; 

incorporated by reference at 

§ 250.1203(b)(2); 

(3) AGA Report No. 10—Speed of 

Sound in Natural Gas and Other Related 

Hydrocarbon Gases; Copyright 2003; 

incorporated by reference at 

§ 250.1203(b)(2). 

■ 3. In § 250.1202, revise paragraphs 

(a)(2) and (3), (f)(1), (g) introductory text 

and (g)(1) through (4), and (l)(4) to read 

as follows: 

§ 250.1202 Liquid hydrocarbon 

measurement. 

* * * * * 

(a) * * * 

(2) Use measurement equipment and 

procedures that will accurately measure 

the liquid hydrocarbons produced from 

a lease or unit to comply with the 

following additional API MPMS 

industry standards or API RP: 

(i) API MPMS, Chapter 4, Section 8 

(incorporated by reference as specified 

in § 250.198); 

(ii) API MPMS, Chapter 5, Section 6 

(incorporated by reference as specified 

in § 250.198); 

(iii) API MPMS, Chapter 5, Section 8 

(incorporated by reference as specified 

in § 250.198); 

(iv) API MPMS, Chapter 11, Section 1 

(incorporated by reference as specified 

in § 250.198); 

(v) API MPMS Chapter 12, Section 2, 

Part 3 (incorporated by reference as 

specified in § 250.198); 

(vi) API MPMS Chapter 12, Section 2, 

Part 4 (incorporated by reference as 

specified in § 250.198); 

(vii) API MPMS, Chapter 21, Section 

2 (incorporated by reference as specified 

in § 250.198); 

(viii) API MPMS, Chapter 21, 

Addendum to Section 2 (incorporated 

by reference as specified in § 250.198); 

(ix) API RP 86 (incorporated by 

reference as specified in § 250.198); 

(3) Use procedures and correction 

factors according to the applicable 

chapters of the API MPMS or RP as 

incorporated by reference in 30 CFR 

250.198, including the following 

additional editions: 

(i) API MPMS, Chapter 4, Section 8 

(incorporated by reference as specified 

in § 250.198); 

(ii) API MPMS, Chapter 5, Section 6 

(incorporated by reference as specified 

in § 250.198); 

(iii) API MPMS, Chapter 5, Section 8 

(incorporated by reference as specified 

in § 250.198); 

(iv) API MPMS Chapter 11, Section 1 

(incorporated by reference as specified 

in § 250.198); 

(v) API MPMS Chapter 12, Section 2, 

Part 3 (incorporated by reference as 

specified in § 250.198); 

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18922 Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Rules and Regulations 

(vi) API MPMS Chapter 12, Section 2, 

Part 4 (incorporated by reference as 

specified in § 250.198); 

(vii) API RP 86 (incorporated by 

reference as specified in § 250.198); 

when obtaining net standard volume 

and associated measurement 

parameters; and 

* * * * * 

(f) * * * 

(1) Calibrate mechanical-displacement 

provers and tank provers at least once 

every 5 years according to the API 

MPMS as incorporated by reference in 

30 CFR 250.198, including the following 

additional editions: 

(i) API MPMS, Chapter 4, Section 8 

(incorporated by reference as specified 

in § 250.198); 

(ii) API MPMS Chapter 12, Section 2, 

Part 4 (incorporated by reference as 

specified in § 250.198); 

* * * * * 

(g) * * * Calculate the following 

correction factors using the API MPMS 

as referenced in 30 CFR 250.198, 

including the following additional 

editions: 

(1) API MPMS, Chapter 4, Section 8 

(incorporated by reference as specified 

in § 250.198); 

(2) API MPMS Chapter 11, Section 1 

(incorporated by reference as specified 

in § 250.198); 

(3) API MPMS Chapter 12, Section 2, 

Part 3 (incorporated by reference as 

specified in § 250.198); 

(4) API MPMS Chapter 12, Section 2, 

Part 4 (incorporated by reference as 

specified in § 250.198); 

* * * * * 

(l) * * * 

(4) Obtain the volume and other 

measurement parameters by using 

corrections factors and procedures in 

the API MPMS as incorporated by 

reference in 30 CFR 250.198, including: 

API MPMS Chapter 11, Section 1 

(incorporated by reference as specified 

in § 250.198). 

■ 4. Revise § 250.1203(b)(2) to read as 

follows: 

§ 250.1203 Gas measurement. 

* * * * * 

(b) * * * 

(2) Design, install, use, maintain, and 

test measurement equipment and 

procedures to ensure accurate and 

verifiable measurement. You must 

follow the recommendations in API 

MPMS or RP and AGA as incorporated 

by reference in 30 CFR 250.198, 

including the following additional 

editions: 

(i) API RP 86 (incorporated by 

reference as specified in § 250.198); 

(ii) AGA Report No. 7 (incorporated 

by reference as specified in § 250.198); 

(iii) AGA Report No. 9 (incorporated 

by reference as specified in § 250.198); 

(iv) AGA Report No. 10 (incorporated 

by reference as specified in § 250.198); 

* * * * * 

[FR Doc. 2012–7324 Filed 3–28–12; 8:45 am] 

BILLING CODE 4310–VH–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0818; FRL–9654–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Determinations of Clean 

Data for the 2006 24-Hour Fine 

Particulate Standard for the 

Harrisburg-Lebanon-Carlisle-York, 

Allentown, Johnstown, and Lancaster 

Nonattainment Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is making a final 

determination regarding the HarrisburgLebanon-Carlisle-York, Allentown, 

Johnstown, and Lancaster 

nonattainment areas (hereafter referred 

to as ‘‘Areas’’) for the 24-hour 2006 fine 

particulate matter (PM2.5) national 

ambient air quality standard (NAAQS). 

EPA is determining that the Areas have 

clean data for the 24-hour 2006 PM2.5

NAAQS. These determinations are 

based upon complete, quality-assured, 

quality-controlled, and certified ambient 

air monitoring data showing that these 

Areas have monitored attainment of the 

24-hour 2006 PM2.5 NAAQS based on 

the 2008–2010 data in EPA’s Air Quality 

System (AQS) database. EPA’s 

determinations relieve these Areas from 

the requirements to submit an 

attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning State Implementation Plans 

(SIPs) related to attainment of the 

standard for so long as these Areas 

continue to meet the 24-hour 2006 PM2.5

NAAQS. 

DATES: Effective Date: This final rule is 

effective on April 30, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0818. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

FOR FURTHER INFORMATION CONTACT: 

Irene Shandruk, (215) 814–2166, or by 

email at shandruk.irene@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. What action is EPA taking? 

II. What is the effect of this action? 

III. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is making final determinations 

that the Harrisburg-Lebanon-CarlisleYork, Allentown, Johnstown, and 

Lancaster nonattainment areas have 

clean data for the 24-hour 2006 PM2.5

NAAQS. These determinations are 

based upon complete, quality-assured, 

quality-controlled, and certified ambient 

air monitoring data showing that these 

Areas have monitored attainment of the 

2006 PM2.5 NAAQS based on the 2008– 

2010 monitoring data. 

On January 20, 2012 (77 FR 2941), 

EPA proposed determinations of clean 

data for the Harrisburg-LebanonCarlisle-York, Allentown, Johnstown, 

and Lancaster nonattainment areas. A 

discussion of the rationale behind these 

determinations and the effect of these 

determinations were included in the 

notice of proposed rulemaking. EPA 

received no comments on this notice of 

proposed rulemaking. 

II. What is the effect of this action? 

Under the provisions of EPA’s PM2.5

implementation rule (See 40 CFR 

51.1004(c)), the requirements for the 

Harrisburg-Lebanon-Carlisle-York, 

Allentown, Johnstown, and Lancaster 

nonattainment areas to submit an 

attainment demonstration and 

associated reasonably available control 

measures (including reasonably 

available control technology), a 

reasonable further progress plan, 

contingency measures, and any other 

planning SIPs related to attainment of 

the 2006 PM2.5 NAAQS are suspended 

for so long as the Areas continue to meet 

the 24-hour 2006 PM2.5 NAAQS. If EPA 

subsequently determines that these 

Areas violate the 24-hour 2006 PM2.5

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