48760 Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Notices 

5 43 CFR 3174.1(a). ‘‘Tertiary device’’ means, ‘‘for 

a CMS, the flow computer and associated memory, 

calculation, and display functions.’’ Id. 

6Subpart 3174 allows for a ‘‘method of oil 

measurement other than tank gauging, LACT 

system, or CMS’’ to be used where it has been 

approved the by the BLM. 43 CFR 3174.13. 

sets forth specific measurement 

performance requirements with respect 

to uncertainty, bias, and verifiability 

that apply to all measurement methods 

under subpart 3174. Additional 

requirements specific to measurement 

by a CMS are detailed in §§ 3174.9 and 

3174.10. 

Subpart 3174 defines a ‘‘Coriolis 

measurement system (CMS)’’ as ‘‘a 

metering system using a Coriolis meter 

in conjunction with a tertiary device, 

pressure transducer, and temperature 

transducer in order to derive and report 

gross standard oil volume. A CMS 

system provides real-time, on-line 

measurement of oil.’’ 5

Section 3174.9 sets forth a number of 

‘‘general requirements’’ for a CMS: The 

CMS must meet the performance 

requirements of § 3174.4; the specific 

make, model, and size of the Coriolis 

meter and associated software must 

have been reviewed and approved by 

the BLM’s Production Measurement 

Team (PMT); the CMS must be 

‘‘proven’’ in accordance with § 3174.11; 

measurement tickets must be completed 

under § 3174.12(b); the CMS must be 

composed of specific components 

meeting specified requirements; API oil 

gravity must be reported using a 

specified method; and, net standard 

volume must be calculated in 

accordance with certain API guidelines. 

Section 3174.10 contains CMS operating 

requirements pertaining to minimum 

electronic pulse levels, meter 

specifications, totalizers, meter zero 

value verification, required on-site 

information, audit trails, and data 

protection. 

The subpart 3174 regulations do not 

specifically address the use of TMC 

meters. However, the preamble to the 

final rule did address TMC meters as 

follows: 

One commenter said the final rule should 

allow operators to use truck-mounted CMS 

and submitted summarized data to support 

their view. The summarized data indicates 

significant differences between manualgauged volumes and truck-mounted Coriolismetered volumes. A summary of these 

volume differences indicated that the truckmounted Coriolis meter measured as much as 

22.44 bbl less that [sic] the manual gauge 

measured. Missing from the data is the 

volume of the entire load. The BLM needs 

this information to understand how 

significant these variations are. The data also 

indicates significant differences in measured 

oil temperature (as much as 23 °F) and 

gravity (as much as 5 degrees) when 

compared to manual methods. The 

commenter did not explain these differences 

or explain or justify the data submitted. The 

BLM decided not to include the use of truckmounted Coriolis metering in the final rule. 

Operators may seek approval to use the 

truck-mounted option through the PMT 

approval process, which is outlined in 

§ 3174.13. The rule was not changed based 

on this comment. 

81 FR 81485. 

Thus, in the preamble, the BLM 

expressed an intent not to authorize the 

use of TMC meters as a CMS, and 

implicitly categorized TMC meters as a 

‘‘method of oil measurement other than 

tank gauging, LACT system, or CMS’’ 

that requires prior BLM approval.6

Discussion 

The BLM is revising the position it 

took regarding TMC meters, as 

described in the final rule preamble 

language described earlier, because it 

believes that the text of subpart 3174 

supports an interpretation that allows 

for the use of TMC meters. Because 

TMC meters involve the use of ‘‘a 

Coriolis meter in conjunction with a 

tertiary device, pressure transducer, and 

temperature transducer in order to 

derive and report gross standard volume 

of oil,’’ and ‘‘provides real-time, on-line 

measurement of oil,’’ they meet the 

definition of a CMS in § 3174.1. And, 

TMC meters can comply with subpart 

3174’s requirements for a CMS. In 

particular, TMC meters are capable of 

meeting the specific performance 

requirements for uncertainty, bias, and 

verifiability set forth in § 3174.4 (as 

required by § 3174.9(a)). The BLM also 

believes that TMC meters are capable of 

complying with § 3179.9, which 

prescribes ‘‘general requirements and 

components’’ for a CMS, and § 3179.10, 

which sets forth the ‘‘operating 

requirements’’ for a CMS. Therefore, 

after considering TMC meters in light of 

the plain text of subpart 3174, the BLM 

has concluded that TMC meters are a 

type of a CMS and thus are an 

acceptable method of oil measurement 

as long as the TMC meters meet the 

requirements of subpart 3174. 

The BLM acknowledges that the 

preamble to the 3174 regulations stated 

that the BLM was not including TMC 

meters in the final rule and that 

operators could seek BLM approval of 

TMC meters through the PMT approval 

process. The BLM no longer agrees with 

that interpretation of subpart 3174. In 

the first instance, while the preamble to 

a rule may be used to inform the proper 

interpretation of ambiguous regulation 

text, it cannot override the regulation’s 

plain meaning. See Wyoming Outdoor 

Council v. U.S. Forest Service, 165 F.3d 

43, 53 (D.C. Cir. 1999) (noting that 

‘‘language in the preamble of a 

regulation is not controlling over the 

language of the regulation itself’’); BHP 

Minerals International, Inc. et al, 139 

IBLA 269, 310 (1997) (‘‘Where there is 

a conflict between ‘intent’ as expressed 

in a preamble and as ultimately 

explicated in the actual language of the 

regulation, it is the language of the 

regulation which is determinative.’’). As 

explained earlier, the plain text of 

subpart 3174 indicates that TMC meters 

are a type of a CMS, and the text of the 

regulation should control. In addition, 

the BLM has reconsidered the rationale 

underlying the interpretation espoused 

in the preamble. The view of TMC 

meters expressed in that preamble 

passage appears to be inconsistent with 

the view expressed by the BLM in the 

2008 IM stating that ‘‘the use of truck 

mounted meters for measuring oil from 

tanks in lieu of tank gauging is a Best 

Management Practice (BMP) for oil 

measurement.’’ With respect to the 

measurement data analyzed, the 

preamble passage does not address the 

possibility that the difference in results 

might be attributable to TMC meters’ 

measuring capacity being more accurate 

than manual tank gauging. It would 

seem incongruous to conclude that 

measurement by a truck-mounted 

Coriolis meter would be unacceptably 

inaccurate where the BLM would accept 

measurement by the same Coriolis meter 

in a stationary CMS. For the foregoing 

reasons, the BLM is now clarifying that 

it interprets subpart 3174 as allowing for 

the use of TMC meters, as long as such 

use is conducted in accordance with the 

subpart 3174 requirements for a CMS. 

(Authority: 30 U.S.C. 189; 30 U.S.C. 1751(a), 

43 CFR 3170.1) 

Rebecca Good, 

Acting Chief, Division of Fluid Minerals. 

[FR Doc. 2021–18750 Filed 8–30–21; 8:45 am] 

BILLING CODE 4310–84–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[21X.LLAZ921000.L14400000.BJ0000.

LXSSA2250000.241A] 

Notice of Filing of Plats of Survey; 

Arizona 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of official filing. 

SUMMARY: The plats of survey of the 

following described lands are scheduled 

to be officially filed 30 days after the 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Notices 48761 

date of this publication in the Bureau of 

Land Management (BLM), Arizona State 

Office, Phoenix, Arizona. The surveys 

announced in this notice are necessary 

for the management of lands 

administered by the agency indicated. 

ADDRESSES: These plats will be available 

for inspection in the Arizona State 

Office, Bureau of Land Management, 

One North Central Avenue, Suite 800, 

Phoenix, Arizona, 85004–4427. Protests 

of any of these surveys should be sent 

to the Arizona State Director at this 

address. 

FOR FURTHER INFORMATION CONTACT: 

Mark D. Morberg, Chief Cadastral 

Surveyor of Arizona; (602) 417–9558; 

mmorberg@blm.gov. Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Relay 

Service (FRS) at 1–800–877–8339 to 

contact the above individual during 

normal business hours. The FRS is 

available 24 hours a day, 7 days a week, 

to leave a message or question with the 

above individual. You will receive a 

reply during normal business hours. 

SUPPLEMENTARY INFORMATION: 

The Gila and Salt River Meridian, 

Arizona 

The plat, in one sheet, representing a 

metes-and-bounds survey in section 6, 

Township 20 North, Range 7 East, 

accepted July 22, 2021, for Group 1204, 

Arizona. This plat was prepared at the 

request of the United States Air Force. 

The plat, in three sheets, representing 

the dependent resurvey of portions of 

the south, and east boundaries and a 

potion of the subdivisional lines, the 

subdivision of sections 33 and 34, the 

survey of the boundary of the Glen 

Canyon National Recreation Area, the 

establishment of the dividing line which 

crosses the Colorado river between the 

Grand Canyon National Park and Glen 

Canyon National Recreation Area and 

the Metes-and-bounds survey of a 

portion of the right-of-way of U. S. 

Highway No. 89A, Township 40 North, 

Range 7 East, accepted August 17, 2021, 

for Group 1205, Arizona. This plat was 

prepared at the request of Glen Canyon 

National Recreation Area. 

The plat, two sheets, representing the 

dependent resurvey of a portion of the 

subdivisional lines, the subdivision of 

section 11, and the photogrammetric 

survey of a portion of the Colorado 

River left bank meanders along the Glen 

Canyon National Recreation Area 

boundary, partially surveyed Township 

40 North, Range 8 East, accepted August 

17, 2021, for Group 1205, Arizona. This 

plat was prepared at the request of Glen 

Canyon National Recreation Area. 

The plat, in one sheet, representing 

the dependent resurvey of a portion of 

the south and west boundaries and a 

portion of the subdivisional lines, the 

subdivision of section 31, and a metesand-bounds survey in section 7, 

Township 18 North, Range 24 East, 

accepted August 17, 2021, for Group 

1211, Arizona. This plat was prepared at 

the request of the Petrified National 

Park. 

The plat, in one sheet, representing 

the dependent resurvey of a portion of 

the subdivisional lines and the 

subdivision of section 7, Township 4 

North, Range 2 West, accepted April 14, 

2021, for Group 1199, Arizona. This plat 

was prepared at the request of United 

States Air Force. 

The plat, in one sheet, representing 

the dependent resurvey of a portion of 

the north boundary of Township 12 

North, Range 2 West, a portion of the 

subdivisional lines and the boundary of 

Mineral Survey Nos. 1690, 1691, 2348 

and 2420, Township 12 North, Range 2 

West, accepted August 17, 2021, for 

Group 1206, Arizona. This plat was 

prepared at the request of the United 

States Forest Service. 

The plat, in two sheets, represents the 

dependent resurvey of a portion of the 

First Standard Parallel North, a portion 

of the east boundary, and a portion of 

the subdivisional lines, the subdivision 

of sections 1, 2 and 12, and a metes-andbounds survey in section 2, Township 4 

North, Range 3 West, accepted April 14, 

2021, for Group 1199, Arizona. This plat 

was prepared at the request of the 

United States Air Force. 

The plat, in one sheet, representing 

the dependent resurvey of a portion of 

the west boundary, and portions of the 

subdivisional lines, and the subdivision 

of sections 18, 19 and 30, Township 6 

South, Range 4 West, accepted April 14, 

2021, for Group 1210, Arizona. This plat 

was prepared at the request of the 

United States Air Force. 

The plat, in two sheets, representing 

the dependent resurvey of a potion of 

the subdivisional lines, the subdivision 

of certain sections and the metes-andbounds survey of the administrative 

boundary of Gila Bend Air Force 

Auxiliary Field, Township 6 South, 

Range 5 West, accepted April 14, 2021, 

for Group 1210, Arizona. This plat was 

prepared at the request of United States 

Air Force. 

The plat, in one sheet, representing 

the dependent resurvey of a portion of 

the Marine Corps Air Station Yuma 

Martinez Lake Recreation Area 

boundary from Angle Point 12 to Angle 

Point 13, fractional Township 5 South, 

Range 22 West, accepted July 22, 2021, 

for Group 1175, Arizona. This plat was 

prepared at the request of the United 

States Marine Corps. 

The plat, in one sheet, representing 

the dependent resurvey of a portion of 

the east boundary and portions of the 

subdivisional lines, the subdivision of 

sections 23 and 24 and metes-andbounds surveys, Township 6 South, 

Range 19 East, accepted August 17, 

2021, for Group 1208, Arizona. This plat 

was prepared at the request of the 

Bureau of Land Management. 

The plat, in one sheet, representing 

the dependent resurvey of a portion of 

the west boundary and a portion of the 

subdivisional lines, and the subdivision 

of section 30, Township 6 South, Range 

26 East, accepted August 17, 2021, for 

Group 1215, Arizona. This plat was 

prepared at the request of the Bureau of 

Land Management. 

A person or party who wishes to 

protest against any of these surveys 

must file a written notice of protest 

within 30 calendar days from the date 

of this publication with the Arizona 

State Director, Bureau of Land 

Management, stating that they wish to 

protest. 

A statement of reasons for a protest 

may be filed with the notice of protest 

to the State Director, or the statement of 

reasons must be filed with the State 

Director within 30 days after the protest 

is filed. Before including your address, 

or other personal information in your 

protest, please be aware that your entire 

protest, 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. 

(Authority: 43 U.S.C. Chap. 3.) 

Mark Morberg, 

Chief Cadastral Surveyor of Arizona. 

[FR Doc. 2021–18667 Filed 8–30–21; 8:45 am] 

BILLING CODE 4310–32–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[21X.LLAZ921000.L14400000.BJ0000.

LXSSA2250000.241A] 

Notice of Filing of Plats of Survey; 

Arizona 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of official filing. 

SUMMARY: The plats of survey of the 

following described lands are scheduled 

to be officially filed 30 days after the 


khammond on DSKJM1Z7X2PROD with NOTICES