37066 Federal Register / Vol. 63, No. 131 /Thursday, July 9, 1998 /Rules and Regulations

ACTION: Final Rule; correction.

SUMMARY: This action corrects an error

in the geographic coordinates of a Final

Rule that was published in the Federal

Register on April 20, 1998 (63 FR

19393), Airspace Docket No. 98–AWP–

2. The final rule modified the Class E

Airspace area at Porterville, CA.

EFFECTIVE DATE: 0901 UTC August 13,

1998.

FOR FURTHER INFORMATION CONTACT:

Larry Tonish, Airspace Specialist,

Airspace Branch, AWP–520, Air Traffic

Division, Western-Pacific Region,

Federal Aviation Administration, 15000

Aviation Boulevard, Lawndale,

California, 90261, telephone (310) 725–

6539.

SUPPLEMENTARY INFORMATION:

History

Federal Register Document 98–10303,

Airspace Docket No. 98–AWP–2,

published on April 20, 1998 (63 FR

19393), revised the geographic

coordinates of the Class E airspace area

at Porterville, CA. A typographical error

was discovered in the geographic

coordinates for the Porterville, CA, Class

E airspace area. This action corrects that

error.

Correction to Final Rule

Accordingly, pursuant to the

authority delegated to me, the

geographic coordinates for the Class E

airspace area at Porterville, CA, as

published in the Federal Register on

April 20, 1998 (63 FR 19393), Federal

Register Document 98–10303) are

corrected as follows:

§ 7.1. [Corrected]

AWP CA E5 Porterville, CA [Corrected]

On page 19394, in column 2, for Porterville

Municipal Airport, CA, beginning in line 7,

correct long. 118° 47′20′′ W’’ to read long.

118° 57′20′′ W’’.

Issued in Los Angeles, California, on June

23, 1998.

John G. Clancy,

Manager, Air Traffic Division, Western-Pacific

Region.

[FR Doc. 98–17856 Filed 7–8–98; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Part 250

RIN 1010–AC46

Update of Documents Incorporated by

Reference

AGENCY: Minerals Management Service

(MMS), Interior.

ACTION: Final rule.

SUMMARY: MMS is updating two

documents incorporated by reference in

regulations governing oil, gas, and

sulphur operations in the Outer

Continental Shelf (OCS). The two new

editions will continue to ensure that

lessees use the best available and safest

technologies while operating in the

OCS. This rule is also necessary because

the previously referenced documents

are no longer available. The updated

documents are the sixth edition of the

American Petroleum Institute’s (API)

Recommended Practice for Analysis,

Design, Installation and Testing of Basic

Surface Safety Systems for Offshore

Production Platforms and the second

edition of API’s Manual of Petroleum

Measurement Standards, Chapter 14,

Section 8, Liquefied Petroleum Gas

Measurement.

DATES: This rule is effective August 10,

1998. The incorporation by reference of

publications listed in the regulation is

approved by the Director of the Federal

Register as of August 10, 1998.

FOR FURTHER INFORMATION CONTACT: Bill

Hauser, Engineering and Research

Branch, at (703) 787–1613.

SUPPLEMENTARY INFORMATION: MMS 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 OCS. This practice, known as

incorporation by reference, allows MMS

to incorporate the requirements of

technical documents into the

regulations without increasing the

volume of the Code of Federal

Regulations (CFR). MMS currently

incorporates by reference 83 documents

into the offshore operating regulations.

The regulations found at 1 CFR part

51 govern how MMS 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 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 MMS’s

regulations.

This rule updates the following two

documents that are currently

incorporated by reference into MMS

regulations:

• American Petroleum Institute’s

(API) Recommended Practice (RP) 14C,

Recommended Practice for Analysis,

Design, Installation and Testing of Basic

Surface Safety Systems for Offshore

Production Platforms, Sixth Edition,

March 1998 and

• Manual of Petroleum Measurement

Standards (MPMS), Chapter 14, Section

8, Liquefied Petroleum Gas

Measurement, Second Edition, July

1997.

MMS has reviewed these documents

and has determined that the new

editions must be incorporated into

regulations to ensure the use of the best

and safest technologies. Our review

shows that the changes between the old

and new editions are minor and will not

impose undue cost on the offshore oil

and gas industry. In addition, the old

editions are not readily available to the

affected parties because they are out of

publication.

MMS is updating these documents via

a final rule. The regulations found at 30

CFR 250.101(a)(2) allow updating

documents without opportunity to

comment when MMS determines that

the revisions to a document result in

safety improvements or represent new

industry standard technology, and do

not impose undue costs on the affected

parties.

A summary of MMS’ review of the

new documents is provided below:

API RP 14C, Recommended Practice

for Analysis, Design, Installation and

Testing of Basic Surface Safety Systems

for Offshore Production Platforms, Sixth

Edition, March 1998.

This edition is an improvement over

the fifth edition, which MMS chose not

to incorporate into the regulations.

MMS believed that the fifth edition

contained errors, even after API issued

an errata sheet to correct several errors.

The sixth edition represents current

technology and is a good replacement

for the currently incorporated fourth

edition, which was issued in September

1986. Furthermore, the fourth edition is

no longer available from API.

Technical changes from the fourth

edition include: (1) guidelines on

procedures and location of detectors for

platforms that process toxic
Federal Register / Vol. 63, No. 131 /Thursday, July 9, 1998 /Rules and Regulations 37067

hydrocarbons; (2) update of industry

codes, standards, and recommended

practices; (3) a discussion of hot surface

protection and hot equipment shielding;

(4) expansion and clarification of safety

analysis tables; and (5) general technical

updates to reflect changes in technology

and production processes.

MPMS, Chapter 14, Section 8,

Liquefied Petroleum Gas Measurement,

Second Edition, July 1997.

This edition replaces the first edition

which was issued in February 1983 and

reaffirmed in May 1996. The changes

between the two editions are minor.

In addition to updating the two

documents, this rule also removes one

document from incorporation by

reference. It is API Spec 14D,

Specification for Wellhead Surface

Safety Valves and Underwater Safety

Valves for Offshore Service, Ninth

Edition, June 1, 1994, with Errata dated

August 1, 1994. The specifications

contained in API Spec 14D are now

covered in API Spec 6A, Specification

for Wellhead and Christmas Tree

Equipment, and API Spec 6AV1,

Specification for Verification Test of

Wellhead Surface Safety Valves and

Underwater Safety Valves for Offshore

Service. These two documents are

already incorporated by reference into

our regulations.

As part of this rulemaking, MMS

considered incorporating by reference

the second edition of API RP 500,

Recommended Practice for

Classification of Locations for Electrical

Installations at Petroleum Facilities

Classified as Class 1, Division 1 and

Division 2 into our regulations. Upon

review of this document, we decided

that the second edition was significantly

different than the currently incorporated

first edition of API RP 500. Differences

between the two editions center on the

use of combustible gas detector systems

in classified locations. MMS is in the

process of evaluating these differences

and will take appropriate steps.

MMS is also investigating the

incorporation of the first edition of API

RP 505, Recommended Practice for

Classification of Locations for Electrical

Installations at Petroleum Facilities

Classified as Class 1, Zone 0, Zone 1,

and Zone 2 into our regulations. API

recently released this document and it

contains guidance on classifying

locations in accordance with

international concepts of zones versus

API RP 500’s use of divisions. MMS will

be requesting public comment on the

possible incorporation of this document.

Procedural Matters

This is a very simple rule. The rule’s

purpose is to update two documents

that are currently incorporated by

reference in the regulations. The

differences between the newer

documents and the older documents are

very minor. If the differences were not

minor, MMS could not update these

documents via a final rule. The minor

differences between the newer and older

documents will not cause a significant

economic effect on any entity (small or

large). Therefore, this regulation’s

impact on the entire industry is minor.

Federalism (Executive Order (E.O.)

12612)

In accordance with E.O. 12612, the

rule does not have significant

Federalism implications. A Federalism

assessment is not required.

Takings Implications Assessment (E.O.

12630)

In accordance with E.O. 12630, the

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

(OMB) under E.O. 12866. 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. This rule

will not create a serious inconsistency

or otherwise interfere with an action

taken or planned by another agency.

This rule does not alter the budgetary

effects or entitlements, grants, user fees,

or loan programs or the rights or

obligations of their recipients. This rule

does not raise novel legal or policy

issues.

Clarity of This Regulation

E.O. 12866 requires each agency to

write regulations that are easy to

understand. We invite your comments

on how to make this proposed rule

easier to understand, including answers

to questions such as the following: (1)

Are the requirements in the rule clearly

stated? (2) Does the rule contain

technical language or jargon that

interferes with its clarity? (3) Does the

format of the rule (grouping and order

of sections, use of headings,

paragraphing, etc.) aid or reduce its

clarity? (4) Would the rule be easier to

understand if it were divided into more

(but shorter) sections? (5) Is the

description of the rule in the

‘‘Supplementary Information’’ section of

this preamble helpful in understanding

the rule?

What else could we do to make the

rule easier to understand?

Send a copy of any comments that

concern how we could make this rule

easier to understand to: Office of

Regulatory Affairs, Department of the

Interior, Room 7229, 1849 C Street,

N.W., Washington, D.C. 20240. You may

also e-mail the comments to this

address: Exsec@ios.doi.gov.

Civil Justice Reform (E.O. 12988)

In accordance with 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 of

1969 is not required.

Paperwork Reduction Act (PRA) of

1995

Department of the Interior (DOI) has

determined that this regulation does not

contain information collection

requirements pursuant to PRA (44

U.S.C. 3501 et seq.). We will not be

submitting an information collection

request to OMB.

Regulatory Flexibility Act

DOI 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.). In general, the

entities that engage in offshore activities

are not considered small due to the

technical and financial resources and

experience necessary to safely conduct

such activities. DOI also determined

that the indirect effects of this rule on

small entities that provide support for

offshore activities are small (in effect

zero).

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.
37068 Federal Register / Vol. 63, No. 131 /Thursday, July 9, 1998 /Rules and Regulations

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.

b. Will not cause a major increase in

costs or prices for consumers,

individual industries, Federal, State, or

local government agencies, or

geographic regions.

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.

Unfunded Mandates Reform Act of

1995

DOI has determined and certifies

according to the Unfunded Mandates

Reform Act, 2 U.S.C. 1502 et seq., that

this rule will not impose a cost of $100

million or more in any year on State,

local, and tribal governments, or the

private sector.

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: June 19, 1998.

Bob Armstrong,

Assistant Secretary, Land and Minerals

Management.

For the reasons stated in the

preamble, Minerals Management

Service (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. 1334.

2. In § 250.101, the following

documents incorporated by reference in

Table 1 in paragraph (e) are revised to

read as follows:

§ 250.101 Documents incorporated by

reference.

* * * * *

(e) * * *

Title of documents Incorporated by reference at

API RP 14C, Recommended Practice for Analysis, Design, Installation

and Testing of Basic Surface Safety Systems for Offshore Production

Platforms, Sixth Edition, March 1998, API Stock No. G14C06.

§ 250.802(b), (e)(2); § 250.803(a), (b)(2)(i), (b)(4), (b)(5)(i), (b)(7),

(b)(9)(v), (c)(2); § 250.804(a), (a)(5); § 250.1002(d); § 250.1004(b)(9);

§ 250.1628(c), (d)(2); § 250.1629(b)(2), (b)(4)(v); § 250.1630(a).

MPMS, Chapter 14, Section 8, Liquefied Petroleum Gas Measurement,

Second Edition, July 1997, API Stock No. H14082.

§ 250.1203(b)(2).

* * * * *

3. In § 250.101, the following

document in Table 1 in paragraph (e) is

removed.

§ 250.101 Documents incorporated by

reference.

* * * * *

(e) * * *

API Spec 14D, Specification for Wellhead Surface

Safety Valves and Underwater Safety Valves

for Offshore Service,

Ninth Edition, June 1,

1994, with Errata dated

August 1, 1994.

§ 250.806(a)(3).

* * * * *

4. In § 250.806, paragraph (a)(3) is

revised to read as follows:

§ 250.806 Safety and pollution prevention

equipment quality assurance requirements.

(a) * * *

(3) All SSV’s and USV’s must meet

the technical specifications of API Spec

6A and 6AV1. All SSSV’s must meet the

technical specifications of API Spec

14A.

* * * * *

[FR Doc. 98–18089 Filed 7–8–98; 8:45 am]

BILLING CODE 4310–MR–P

DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 588

Equal Employment Opportunity

Discrimination Complaints

AGENCY: Assistant Secretary of the Army

(Manpower and Reserve Affairs), DoD.

ACTION: Final rule.

SUMMARY: This document removes the

Department of the Army’s Equal

Employment Opportunity

Discrimination Complaints regulation

codified in 32 CFR Chapter V. The part

has served its purpose and no longer

supports other related rules currently in

existence. The Army is in the process,

however, of revising its policies and

procedures concerning Equal

Employment Opportunity and will

announce a future proposed rule for

public comment.

DATES: This rule is effective July 9,

1998.

FOR FURTHER INFORMATION CONTACT:

Mr. Stanley L. Kelley, Jr., Office of the

Assistant Secretary, 2nd Floor, 1941

Jefferson Davis Highway, Arlington, VA

22202–4508, (703) 607–1448.

SUPPLEMENTARY INFORMATION: Removal

of Part 588 is based on the issuance of

29 CFR part 1614 which supersedes the

EEOC 29 CFR part 1613.

List of Subjects in 32 CFR Part 588

Administrative practice and

procedure, Equal employment

opportunity, Government employees.