Federal Register / Vol. 65, No. 2 / Tuesday, January 4, 2000 / Rules and Regulations 217

(d) Effective date. This section is

applicable from January 4, 2000,

through January 3, 2003.

Robert Wenzel,

Acting Commissioner of Internal Revenue.

Approved: December 13, 1999.

Jonathan Talisman,

Acting Assistant Secretary of the Treasury

(Tax Policy).

[FR Doc. 00–54 Filed 1–3–00; 8:45 am]

BILLING CODE 4830–01–U

DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Part 250

RIN 1010–AC55

Update of Documents Incorporated by

Reference

AGENCY: Minerals Management Service

(MMS), Interior.

ACTION: Final rule.

SUMMARY: MMS is updating one

document incorporated by reference and

adding a new document incorporated by

reference in regulations governing oil

and gas and sulphur operations in the

Outer Continental Shelf (OCS). The new

editions of these documents

incorporated by reference will ensure

that lessees use the best available and

safest technologies while operating in

the OCS. The updated document, with

Errata Change dated August 17, 1998, is

the Second Edition of the American

Petroleum Institute’s (API)

Recommended Practice for

Classification of Locations for Electrical

Installations at Petroleum Facilities

Classified as Class I, Division 1 and

Division 2 (API RP 500). The new

document, with Errata Change dated

August 17, 1998, is the First Edition of

the API’s Recommended Practice for

Classification of Locations for Electrical

Installations at Petroleum Facilities

Classified as Class I, Zone 0, Zone 1,

and Zone 2 (API RP 505).

DATES: This rule is effective February 3,

2000. The incorporation by reference of

publications listed in the regulation is

approved by the Director of the Federal

Register as of February 3, 2000.

FOR FURTHER INFORMATION CONTACT: Fred

Gray, Operations Analysis Branch, at

(703) 787–1027.

SUPPLEMENTARY INFORMATION: On March

19, 1999, we published a Notice of

Proposed Rulemaking (64 FR 13535),

titled ‘‘Update of Documents

Incorporated by Reference,’’ revising the

table in 30 CFR 250.101(e); 250.403(b);

250.802(e)(4)(i); 250.803(b)(9)(i);

250.1628(b)(3) and (d)(4)(i); and

250.1629(b)(4)(i). Our 90-day comment

period closed on June 17, 1999. We

received four positive, supportive

comments. This final rule amends the

seven foregoing regulations. Please note

that our final regulations revising 30

CFR 250, subpart A, relocated

§ 250.101(e) to 250.198(e) and

§ 250.403(b) to 250.114(a). This final

rule reflects those changes.

We use standards, specifications, and

recommended practices developed by

standard-setting organizations and the

oil and gas industry for establishing

requirements for activities in the OCS.

This practice, known as incorporation

by reference, allows us to incorporate

the provisions of technical standards

into the regulations without increasing

the volume of the Code of Federal

Regulations (CFR). The legal effect of

incorporation by reference is that the

material is treated as if it were

published in the Federal Register. This

material, like any other properly issued

regulation, then has the force and effect

of law. We hold operators/lessees

accountable for complying with the

documents incorporated by reference in

our regulations. After the effective date

of this rule, 85 private sector consensus

standards will be incorporated by

reference into the offshore operating

regulations.

The regulations found at 1 CFR part

51 govern how we and other Federal

agencies incorporate 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 specific edition or specific edition

and supplement or addendum cited in

the regulations.

Comments on the Rule

We received comments from Noble

Drilling Services, Inc.; Shell Offshore

Inc. on behalf of itself and other

affiliates of Shell Oil Company; Mahl &

Associates, Inc.; and the International

Association of Drilling Contractors. All

commenters support the proposed rule

incorporating by reference the two API

documents.

Procedural Matters

This is a very simple rule. The rule’s

purpose is to update one document that

is currently incorporated by reference in

the regulations and to add one

additional document incorporated by

reference. The differences between the

newer document and the older

document are very minor. The minor

differences between the newer and older

document will not cause a significant

economic effect on any entity (small or

large). Similarly, the addition of the new

document, API RP 505, will not have a

significant effect on any entity (small or

large). Therefore, this regulation’s

impact on the entire industry is minor.

Federalism (Executive Order (E.O.

13132)

According to E.O. 13132, this rule

does not have Federalism implications.

This rule does not substantially and

directly affect the relationship between

the Federal and State governments. This

rule does not impose costs on States or

localities. The rule simply addresses

offshore structure design methods for

lessee/operator consideration.

Takings Implication Assessment (E.O.

12630)

According to E.O. 12630, this rule

does not have significant Takings

Implications. A Takings Implication

Assessment is not required.

Regulatory Planning and Review (E.O.

12866)

This document is not a significant

rule and is not subject to review by the

Office of Management and Budget under

E.O. 12866.

(1) This rule will not have an 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 rule would have no significant

economic impact because the

documents do not contain any

significant revisions that will cause

lessees or operators to change their

business practices. The documents will

not require the retrofitting of any

facilities. The documents may lead to

minor changes in operating practices,

but the associated costs will be very

minor.

(2) This rule will not create a serious

inconsistency or otherwise interfere

with an action taken or planned by

another agency. This rule simply grants

lessee/operator additional flexibility

when designing an offshore structure

and will not affect any action of another

agency.

(3) This rule does not alter the

budgetary effects or entitlements, grants,

user fees, or loan programs or the rights

or obligations of their recipients,

because the documents do not address

or affect any of these programs, rights or

obligations.

218 Federal Register / Vol. 65, No. 2 / Tuesday, January 4, 2000 / Rules and Regulations

(4) This rule does not raise novel legal

or policy issues. This is a very simple

rule which only addresses ordinary

operational decisions of the lessee/

operator and does not affect legal or

policy issues.

Civil Justice Reform (E.O. 12988)

According to E.O. 12988, the Office of

the Solicitor has determined that this

rule does not unduly burden the judicial

system and meets the requirements of

sections 3(a) and 3(b)(2) of the Order.

National Environmental Policy Act

(NEPA) of 1969

This rule does not constitute a major

Federal action significantly affecting the

quality of the human environment. A

detailed statement under the NEPA is

not required.

Paperwork Reduction Act of 1995

There are no information collection

requirements associated with this rule.

Regulatory Flexibility Act

The Department certifies that this

document 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.).

The Small Business Administration

(SBA) defines a small business as

having:

• Annual revenues of $5 million or

less for exploration service and field

service companies.

• Fewer than 500 employees for

drilling companies and for companies

that extract oil, gas, or natural gas

liquids.

We estimate that there is a total of

1,380 firms that drill oil and gas wells

onshore and offshore under the Small

Business Administration’s Standard

Industrial Classification (SIC) 1381,

Drilling Oil and Gas Wells. Of these,

approximately 130 companies are

offshore lessees/operators, based on

current estimates. According to SBA

estimates, 39 companies qualify as large

firms, leaving 91 companies qualified as

small firms with fewer than 500

employees.

Incorporation of the new document

into MMS regulations would allow the

offshore structure to be designed and

built using either offshore electrical

location classification method. Thus,

incorporation of the new document will

not impose new cost on the offshore oil

and gas industry and may provide

beneficial flexibility. The Department

also determined that the indirect effects

of this rule on small entities that

provide support for offshore activities

are small (in effect zero).

Based on these reasons, this rule has

no significant economic impact on the

small entities.

Your comments are important. The

Small Business and Agriculture

Regulatory Enforcement Ombudsman

and 10 Regional Fairness Boards were

established to receive comments from

small business 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 enforcement

actions of MMS, call toll-free (888) 734–

3247.

Small Business Regulatory Enforcement

Fairness Act (SBREFA)

This rule is not a major rule under 5

U.S.C. 804(2), SBREFA. This rule:

(a) Does not have an annual effect on

the economy of $100 million or more.

The final rule will not cause any

significant costs to lessees or operators.

The only costs will be the purchase of

the new documents and minor revisions

to some operating procedures. The

minor revisions to operating procedures

may result in some minor costs or may

actually result in minor costs savings.

(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 costs associated

with this rule are either minor or may

actually result in minor cost savings.

(c) Does not have significant adverse

effects on competition, employment,

investment, productivity, innovation, or

the ability of U.S.-based enterprises to

compete with foreign-based enterprises.

This rule simply grants lessee/operator

additional flexibility when designing an

offshore structure and will not have any

adverse effects.

Unfunded Mandates Reform Act

(UMRA) of 1995

This rule does not impose an

unfunded mandate on State, local, and

tribal governments or the private sector

of more than $100 million per year. The

rule does not have a significant or

unique effect on State, local, or tribal

governments or the private sector. A

statement containing the information

required by the UMRA (2 U.S.C. 1531 et

seq.) is not required.

List of Subjects in 30 CFR Part 250

Continental shelf, Environmental

impact statements, Environmental

protection, Government contracts,

Incorporation by reference,

Investigations, Mineral royalties, Oil

and gas development and production,

Oil and gas exploration, Oil and gas

reserves, Penalties, Pipelines, Public

lands—mineral resources, Public

lands—rights-of-way, Reporting and

recordkeeping requirements, Sulphur

development and production, Sulphur

exploration, Surety bonds.

Dated: November 22, 1999.

Sylvia V. Baca,

Acting Assistant Secretary, Land and

Minerals Management.

For the reasons stated in the

preamble, MMS amends 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: 43 U.S.C. 1331.

2. In § 250.198, in the table in

paragraph (e), the entry for ‘‘API RP

500’’ is revised to read as follows:

§ 250.198 Documents incorporated by

reference.

* * * * *

(e) * * *

Title of document Incorporated by reference at

******

API RP 500, Recommended Practice for Classification of Locations for Electrical Installations at

Petroleum Facilities Classified as Class I, Division 1 and Division 2, Second Edition, November 1997, API Stock No. C50002.

§ 250.114(a);

§ 250.802(e)(4)(i);

§ 250.803(b)(9)(i);

§ 250.1628(b)(3); (d)(4)(i);

§ 250.1629(b)(4)(i).

******

Federal Register / Vol. 65, No. 2 / Tuesday, January 4, 2000 / Rules and Regulations 219

3. In § 250.198, the following

document incorporated by reference is

added to the Table in paragraph (e) in

alphanumerical order.

§ 250.198 Documents incorporated by

reference.

* * * * *

(e) * * *

Title of document Incorporated by reference at

******

API RP 505, Recommended Practice for Classification of Locations for Electrical Installations at

Petroleum Facilities Classified as Class I, Zone 0, Zone 1, and Zone 2, First Edition, November 1997, API Stock No. C50501.

§ 250.114(a);

§ 250.802(e)(4)(i);

§ 250.803(b)(9)(i);

§ 250.1628(b)(3); (d)(4)(i);

§ 250.1629(b)(4)(i).

******

4. In § 250.114, paragraph (a) is

revised to read as follows:

§ 250.114 How must I install and operate

electrical equipment?

* * * * *

(a) You must classify all areas

according to API RP 500, Recommended

Practice for Classification of Locations

for Electrical Installations at Petroleum

Facilities Classified as Class I, Division

1 and Division 2, or API RP 505,

Recommended Practice for

Classification of Locations for Electrical

Installations at Petroleum Facilities

Classified as Class I, Zone 0, Zone 1,

and Zone 2.

* * * * *

5. In § 250.802, paragraph (e)(4)(i)

introductory text is revised to read as

follows:

§ 250.802 Design, installation, and

operation of surface production-safety

systems.

* * * * *

(e) * * *

(4) * * *

(i) A plan for each platform deck

outlining all hazardous areas classified

according to API RP 500, Recommended

Practice for Classification of Locations

for Electrical Installations at Petroleum

Facilities Classified as Class I, Division

1 and Division 2, or API RP 505,

Recommended Practice for

Classification of Locations for Electrical

Installations at Petroleum Facilities

Classified as Class I, Zone 0, Zone 1,

and Zone 2, and outlining areas in

which potential ignition sources, other

than electrical, are to be installed. The

area outlined will include the following

information:

* * * * *

6. In § 250.803, the last sentence of

paragraph (b)(9)(i) is revised to read as

follows:

§ 250.803 Additional production system

requirements.

* * * * *

(b) * * *

(9) * * *

(i) * * * A classified area is any area

classified Class I, Group D, Division 1 or

2, following the guidelines of API RP

500, or any area classified Class I, Zone

0, Zone 1, or Zone 2, following the

guidelines of API RP 505.

* * * * *

7. In § 250.1628, paragraphs (b)(3) and

(d)(4)(i) are revised to read as follows:

§ 250.1628 Design, installation, and

operation of production systems.

* * * * *

(b) * * *

(3) Electrical system information

including a plan of each platform deck,

outlining all hazardous areas classified

according to API RP 500, Recommended

Practice for Classification of Locations

for Electrical Installations at Petroleum

Facilities Classified as Class I, Division

1 and Division 2, or API RP 505,

Recommended Practice for

Classification of Locations for Electrical

Installations at Petroleum Facilities

Classified as Class I, Zone 0, Zone 1,

and Zone 2, and outlining areas in

which potential ignition sources are to

be installed;

* * * * *

(d) * * *

(4) * * *

(i) A plan of each platform deck,

outlining all hazardous areas classified

according to API RP 500, Recommended

Practice for Classification of Locations

for Electrical Installations at Petroleum

Facilities Classified as Class I, Division

1 and Divisions 2, or API RP 505,

Recommended Practice for

Classification of Locations for Electrical

Installations at Petroleum Facilities

Classified as Class I, Zone 0, Zone 1,

and Zone 2, and outlining areas in

which potential ignition sources are to

be installed;

* * * * *

8. In § 250.1629, the last sentence of

paragraph (b)(4)(i) is revised to read as

follows:

§ 250.1629 Additional production and fuel

gas system requirements.

* * * * *

(b) * * *

(4) * * *

(i) * * * A classified area is any area

classified Class I, Group D, Division 1 or

2, following the guidelines of API RP

500, or any area classified Class I, Zone

0, Zone 1, or Zone 2, following the

guidelines of API RP 505.

* * * * *

[FR Doc. 00–26 Filed 1–3–00; 8:45 am]

BILLING CODE 4310–MR–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 99–74; RM–9367 and RM–

9715]

Radio Broadcasting Services; Bay

Springs and Sandersville, MS

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document grants the

request of Blakeney Communications,

Inc., licensee of Station WKZW(FM),

Channel 232C2, Bay Springs,

Mississippi, to reallot Channel 232C2 to

Sandersville, Mississippi and modify its

authorization accordingly. The new

allotment to Sandersville is preferred

over the existing allotment at Bay

Springs because it will provide a first

local transmission service to

Sandersville. The transmitter site of

Station WKZW will be located at

coordinates 31–46–05 NL and 89–07–55

WL. This document terminates the

proceeding.

EFFECTIVE DATE: January 24, 2000.