1808 Federal Register / Vol. 68, No.

9 / Tuesday, January 14, 2003 / Proposed Rules

the FAA believes that a 120-day 200 Constitution Ave., NW., titled ‘‘Recommended Practice for
extension would be excessive. The FAA Washington, DC 20210 (202–219–8148). Design and Installation of Electrical
believes an additional 30 days would be SUPPLEMENTARY INFORMATION: Systems for Fixed and Floating Offshore
adequate for interested parties to review Petroleum Facilities for Unclassified
the economic data presented in the Correction of Publication and Class I, Zone 0, Zone 1 and Zone
proposal and provide meaningful On page 76214, in the first and second 2 Locations.’’
comment to Notice No. 02–19. Absent columns, the docket number ‘‘H–011G’’ DATES: We will consider all comments
unusual circumstances, the FAA does is corrected to read ‘‘S–051’’ both places we receive by March 17, 2003. We will
not anticipate any further extension of it appears. begin reviewing comments then and
the comment period for this rulemaking. may not fully consider comments we
Authority and Signature
receive after March 17, 2003.
Extension of Comment Period
This document was prepared under ADDRESSES: Mail or hand-carry
In accordance with § 11.47(c) of Title the direction of John L. Henshaw, comments (three copies) to the
14, Code of Federal Regulations, the Assistant Secretary of Labor for Department of the Interior; Minerals
FAA has reviewed AAAE’s and ACI– Occupational Safety and Health, U.S. Management Service; Mail Stop 4024;
NA’s joint request for an extension of Department of Labor, 200 Constitution 381 Elden Street; Herndon, Virginia
the comment period to Notice No. 02– Avenue, NW., Washington, DC 20210. 20170–4817; Attention: Rules
09. The FAA finds that extension of the The actions in this document are Processing Team (Comments). If you
comment period is consistent with the taken pursuant to sections 4, 6, and 8 of wish to e-mail your comments, the
public interest, and that good cause the Occupational Safety and Health Act address is rules.comments@MMS.gov.
exists for taking this action. AAAE and of 1970 (29 U.S.C. 653, 655, 657), Reference ‘‘1010AC89—API RP 14F and
ACI–NA have demonstrated substantive Secretary of Labor’s Order No. 5–2002 API RP 14FZ’’ in your subject line.
interest in the proposed rule and good (67 FR 65008), and 29 CFR part 1911. Include your name and return address
cause for the extension. in the message and mark it for return
Signed at Washington, DC this 30th day of
Accordingly, the comment period to December, 2002. receipt.
Notice No. 02–19 is extended until
John L. Henshaw, FOR FURTHER INFORMATION CONTACT:
February 12, 2003.
Assistant Secretary of Labor. Richard Ensele, Operations Analysis
Issued in Washington, DC, January 10, Branch, at (703) 787–1583, or David
[FR Doc. 03–401 Filed 1–13–03; 8:45 am]
2003. Nedorostek, Operations Analysis
BILLING CODE 4510–26–P
Benito DeLeon, Branch, at (703) 787–1029.
Acting Director, Office of Airport Planning SUPPLEMENTARY INFORMATION: We use
and Programming. standards, specifications, and
DEPARTMENT OF THE INTERIOR
[FR Doc. 03–820 Filed 1–10–03; 12:04 pm] recommended practices developed by
BILLING CODE 4910–13–P Minerals Management Service standard-setting organizations and the
oil and gas industry for establishing
30 CFR Part 250 requirements for activities in the OCS.
DEPARTMENT OF LABOR This practice, known as incorporation
RIN 1010–AC89
by reference, allows us to incorporate
Occupational Safety and Health the provisions of technical standards
Administration Oil and Gas and Sulphur Operations in
the Outer Continental Shelf— into the regulations without increasing
Documents Incorporated by the volume of the Code of Federal
29 CFR Part 1915 Regulations. The legal effect of
Reference—API RP 14F and API RP
[Docket No. S–051] 14FZ incorporation by reference is that the
material is treated as if it were
RIN 1218–AB51 AGENCY: Minerals Management Service published in the Federal Register. This
(MMS), Interior. material, like any other properly issued
Fire Protection in Shipyard
ACTION: Proposed rule. regulation, then has the force and effect
Employment
of law. We hold operators/lessees
AGENCY: Occupational Safety and Health SUMMARY: MMS is proposing to update accountable for complying with the
Administration (OSHA), Labor. one document already incorporated by documents incorporated by reference in
ACTION: Notice of Proposed Rulemaking; reference into our regulations, and add our regulations. The regulations, found
correction. another document to be incorporated by at 1 CFR Part 51, govern how MMS and
reference for the first time into our other Federal agencies incorporate
SUMMARY: In the December 11, 2002, regulations governing oil and gas and various documents by reference.
Federal Register, OSHA published a sulphur operations in the Outer Agencies can only incorporate by
proposed standard for Fire Protection in Continental Shelf (OCS). These reference through publication in the
Shipyard Employment, Subpart P of 29 revisions will ensure that lessees use the Federal Register. Agencies must also
CFR Part 1915 (67 FR 76214). The best available and safest technologies gain approval from the Director of the
docket number that was published in while operating in the OCS. The Federal Register for each publication
the ‘‘Supplementary Information: updated document, API RP 14F, is the incorporated by reference. Incorporation
Addresses’’ section of the preamble, H– Fourth Edition of the American by reference of a document or
011G, is incorrect. OSHA is correcting Petroleum Institute’s (API) publication is limited to the specific
these errors. Recommended Practice for Design and edition or to the specific edition and
FOR FURTHER INFORMATION CONTACT: Ms. Installation of Electrical Systems for supplement or addendum cited in the
Bonnie Friedman, Office of Information Fixed and Floating Offshore Petroleum regulations.
and Consumer Affairs, Occupational Facilities for Unclassified and Class I, This proposed rule will update API
Safety and Health Administration, Division 1 and Division 2 Locations. RP 14F, Third Edition, September 1,
Room N3647, U.S. Department of Labor, The new document, API RP 14FZ, is 1991, Recommended Practice for Design

VerDate Dec<13>2002 14:36 Jan 13, 2003 Jkt 200001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\14JAP1.SGM 14JAP1
 Federal Register / Vol. 68, No. 9 / Tuesday, January 14, 2003 / Proposed Rules 1809

and Installation of Electrical Systems for hermetically sealed devices, Zone system identifies more protection
Offshore Production Platforms that is intrinsically safe devices, nonincendive techniques than the Division system,
currently incorporated by reference into equipment, and purged enclosures. No however, both systems have proven
MMS regulations in 30 CFR 250.114. new requirements were imposed. their safety by comparisons of both
The proposed rule will also incorporate In the fourth edition of 14F, cable- systems through the National Electrical
by reference into MMS regulations at 30 shielding considerations have been Code, Factory Mutual, and Underwriters
CFR 250.114, for the first time, the added to the Electrical Distribution Laboratories. The operator could realize
provisions of API RP 14FZ. The Systems section. This allows for the cost savings if the Zone system (505/
provisions of 30 CFR 250.114 apply installation of metal clad cables in lieu 14FZ) is used in classifying and
only to platforms, artificial islands, of sealed conduits for electrical wiring. designing electrical systems. We are
fixed structures, and their facilities. The use of metal clad cables could proposing to incorporate the new API
Therefore, any requirements for floating result in savings to industry of up to RP 14FZ to complete the set of
facilities in these two documents will 40% over the use of sealed conduits and documents in the regulations, and give
not apply. Under the Memorandum of conventional wiring practices. Both lessees a choice in installing electrical
Understanding (MOU) between the methods of cable shielding provide for systems. The incorporation of API RP
Minerals Management Service, U.S. equal safety. 14FZ will not impose any additional
Department of the Interior and the Subsections have been added to the costs on the industry, since it is nearly
United States Coast Guard (USCG), U.S. fourth edition of 14F to cover advances identical to API RP 14F and may result
Department of Transportation, dated in technology in battery-powered DC in cost savings. The operators must use
December 16, 1998, the USCG is supply systems (uninterruptible power one set of documents or the other to
responsible for electrical systems on supplies), electric oil-immersion design and install electrical systems on
floating facilities. Additionally, heaters, cathodic protection, and hand their facilities. The costs for complying
according to the MOU, the USCG is held electronic devices. These four new with the documents are similar. We’re
responsible for aids to navigation, subsections cover equipment that is merely giving the industry a choice in
emergency lighting, survival craft, and now in standard use on OCS structures, regard to classifying and installing
general alarms, so any such references but that was not in the early 1990’s electrical systems under the API RP 500
in these two documents do not apply. when the third edition was completed. system or the API RP 505 system.
We have reviewed these documents These new subsections should not
and have determined that the latest impose any new costs on the industry, Procedural Matters
editions of both documents should be since operators are already using this Public Comments Procedure
incorporated into the regulations to equipment.
ensure the use of the best available and Our practice is to make comments,
Review of API RP 14FZ including names and home addresses of
safest technologies. The title of API RP
14F has been changed in the Fourth The two recommended practices respondents, available for public review
Edition to conform with API RP 500, addressed by this rulemaking are nearly during regular business hours.
Recommended Practice for identical. The original version (14F) is Individual respondents may request that
Classification of Locations for Electrical to be used with the electrical we withhold their home address from
Installations at Petroleum Facilities classification system contained in API the rulemaking record, which we will
Classified as Class I, Division 1 and RP 500. This system of electrical honor to the extent allowable by the
Division 2, which is currently classification differentiates locations by law. There may be circumstances in
incorporated into MMS regulations. Our ‘‘Divisions.’’ This document (API RP which we would withhold from the
review shows that the changes between 500) is already incorporated by rulemaking record a respondent’s
the old (Third) edition and the new reference into the regulations. A similar identity, as allowable by the law. If you
(Fourth) edition are minor. Most of the document, API RP 505, Recommended wish us to withhold your name and/or
changes apply to floating facilities, and Practice for Classification of Locations address you must state this prominently
are, therefore, not part of this for Electrical Installations at Petroleum at the beginning of the comment.
rulemaking for the reasons cited above. Facilities Classified as Class I, Zone 0, However, we will not consider
In addition, the Third Edition is not Zone 1, and Zone 2, is also currently anonymous comments. We will make all
readily available to affected parties incorporated by reference into the submissions from organizations or
because it is out of print. The oil and gas regulations. This system classifies businesses, and from individuals
industry is already building new hazardous locations by ‘‘Zones’’ based identifying themselves as
structures in accordance with the on how long a hazardous vapor is representatives or officials of
provisions of the Fourth Edition of this present. The new 14FZ document is to organizations or businesses, available
standard. Also, the Fourth Edition has be used with API RP 505. The difference for public inspection in their entirety.
been revised using an API standard between the two pairs of documents,
14F/500 and 14FZ/505, is that 14F/500 Background
editorial format.
uses two ‘‘Divisions’’ to classify This proposed rulemaking will update
Summary of the Changes in the Fourth hazardous areas while 14FZ/505 uses one document that is currently
Edition of API RP 14F Pertaining to three ‘‘Zones’’ to define these classified incorporated by reference in the
Platforms, Artificial Islands, Fixed hazardous areas. The 14F document regulations and will add another
Structures, and their Facilities defines techniques for protection from document to those incorporated by
In the fourth edition of 14F several fires in the Division system. The 14FZ reference in the regulations. The
subsections that were contained in the document defines protection techniques differences between the Third Edition
third edition have been consolidated in in the Zone system for hazardous and the Fourth Edition of API RP 14F
a subsection titled Protection locations. Both systems provide for safe are very minor. The minor differences
Techniques Related to Equipment work environments for personnel. The will not cause a significant economic
Installed in Locations Classified as protection techniques identified for the effect on any entity (small or large), and
Division 1 and Division 2. These Division system are not all acceptable may result in cost savings due to the
include explosion proof equipment, for the Zone system, and vice versa. The inclusion of metal clad cable. In fact, the

VerDate Dec<13>2002 14:36 Jan 13, 2003 Jkt 200001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\14JAP1.SGM 14JAP1
 1810 Federal Register / Vol. 68, No. 9 / Tuesday, January 14, 2003 / Proposed Rules

oil and gas industry is already building and the latest editions represent state-of- the enforcement activities and rate each
structures using the new standard. the-art industry equipment and agency’s responsiveness to small
Therefore, this regulation’s impact on practices. The structures currently being business. If you wish to comment on the
the entire industry is minor. The built are being constructed according to enforcement actions of MMS, call toll-
addition of API RP 14FZ will give the the requirements in either API RP 14F free (888) 734–3247. You may comment
industry a choice in designing and (Fourth Edition) or API RP 14FZ. to the Small Business Administration
installing electrical systems on offshore The proposed rule’s purpose is to without fear of retaliation. Disciplinary
facilities. update one document that is currently action for retaliation by an MMS
incorporated by reference in the employee may include suspension or
Regulatory Planning and Review regulations, and to incorporate by termination from employment with the
(Executive Order 12866) reference a new nearly identical Department of the Interior.
This document is not a significant document into the regulations. The
rule and is not subject to review by the differences between the newer Small Business Regulatory Enforcement
Office of Management and Budget document and the older document are Fairness Act (SBREFA)
(OMB) under Executive Order 12866. very minor. The updated document This rule is not a major rule under 5
(1) This rule will not have an effect of consolidates several subsections in a U.S.C. 804(2), SBREFA. This rule:
$100 million or more on the economy. new subsection covering protection (a) Does not have an annual effect on
It will not adversely affect in a material techniques. In addition, cable shielding the economy of $100 million or more.
way the economy, productivity, considerations were added to the The proposed rule will not cause any
competition, jobs, the environment, updated document. This allows for the significant costs to lessees or operators.
public health or safety, or State, local, installation of metal clad cables in lieu The only costs will be the purchase of
or tribal governments or communities. of sealed conduits. The use of metal the new documents and minor revisions
The rule may have a positive clad cables could result in savings to to some operating and maintenance
economic impact because of the cost industry of up to 40% over the use of procedures. The minor revisions to
savings from using shielded cables in sealed conduits and conventional operating and maintenance procedures
lieu of sealed conduits. Otherwise, the wiring practices. Other subsections have may result in some minor costs or may
documents do not contain any been added to the updated document to actually result in minor cost savings.
significant revisions that will cause cover advances in technology. New
(b) Will not cause a major increase in
lessees or operators to change their subsections cover equipment that is
costs or prices for consumers,
business practices. The documents will now in standard use on OCS facilities,
individual industries, federal, state, or
not require the retrofitting of any but that was not in use in the early
local government agencies, or
facilities. 1990’s when the older Third Edition
was completed, and incorporated into geographic regions.
(2) This rule will not create a serious
inconsistency or otherwise interfere the regulations. These new subsections (c) Does not have significant adverse
with an action taken or planned by should not impose any additional costs effect on competition, employment,
another agency. to industry, since operators are already investment, productivity, innovation, or
(3) This rule does not alter the using this new equipment and the ability of United States-based
budgetary effects or entitlements, grants, technology. By incorporating both 14F enterprises to compete with foreign-
user fees, or loan programs or the rights and 14FZ, which are nearly identical, based enterprises.
or obligations of their recipients. but utilize different classification Paperwork Reduction Act (PRA) of 1995
(4) This rule does not raise novel legal systems, we are giving the industry a
or policy issues. choice in electrical classification There are no information collection
methods. requirements associated with this rule.
Regulatory Flexibility (RF) Act Under the North American Industry The DOI has determined that this
The Department of the Interior (DOI) Classification System Code 211111, regulation does not contain information
certifies that this proposed rule will not Crude Petroleum and Natural Gas collection requirements pursuant to the
have a significant economic effect on a Extraction, MMS estimates that a total of PRA (44 U.S.C. 3501 et seq.) We will not
substantial number of small entities as 1,380 firms drill oil and gas wells be submitting an information collection
defined under the RF Act (5 U.S.C. 601 onshore and offshore. The group request to OMB.
et seq.). The provisions of this rule will affected by this rule is the Federalism (Executive Order 13132)
not have a significant economic effect approximately 130 companies that are
on offshore lessees and operators, offshore lessees/operators. According to According to Executive Order 13132,
including those that are classified as SBA criteria, approximately 90 the rule does not have significant
small businesses. The Small Business companies are small business (70 Federalism effects. This rule will not
Administration (SBA) defines small percent). As discussed above, this rule substantially and directly affect the
business as having: imposes no new operational relationship between the federal and
• Annual revenues of $5 million or requirements, reporting burdens, or state governments. This rule will simply
less for exploration service and field other measures that would increase update one document and add one
service companies. costs to lessees/operators, large or small. document incorporated by reference to
• Fewer than 500 employees for Therefore, this rule has no significant ensure that the industry uses the best
drilling companies and for companies economic impact on small entities. and safest technologies. This rule does
that extract oil, gas, or natural gas Comments from the public are not impose costs on states or localities.
liquids. important to us. The Small Business and Any costs incurred affect only the oil
The API documents proposed for Agriculture Regulatory Enforcement industry and will be minor.
incorporation into MMS regulations Ombudsman and 10 Regional Fairness
Takings Implication Assessment
cover electrical installations on offshore Boards were established to receive
(Executive Order 12630)
structures. The documents to be comments from small businesses about
incorporated by this rule have been Federal agency enforcement actions. According to Executive Order 12630,
used by the industry for many years, The Ombudsman will annually evaluate this rule does not have significant

VerDate Dec<13>2002 14:36 Jan 13, 2003 Jkt 200001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\14JAP1.SGM 14JAP1
 Federal Register / Vol. 68, No. 9 / Tuesday, January 14, 2003 / Proposed Rules 1811

Takings implications. A Takings of more than $100 million per year. The Authority: 43 U.S.C. 1331 et seq.
Implication Assessment is not required. rule does not have a significant or
unique effect on state, local, or tribal 2. In § 250.114, paragraph (c) is
Energy Supply, Distribution, or Use revised to read as follows:
governments or the private sector. A
(Executive Order 13211)
statement, containing the information § 250.114 How must I install and operate
The rule does not have a significant required by the UMRA (2 U.S.C. 1531 et electrical equipment?
effect on energy supply, distribution, or seq.), is not required.
use because it merely updates one * * * * *
standard already incorporated by List of Subjects in 30 CFR Part 250 (c) You must install all electrical
reference and adds a new standard to be Continental shelf, Environmental systems according to API RP 14F,
incorporated by reference that will impact statements, Environmental Recommended Practice for Design and
provide for uniform maintenance and protection, Government contracts, Installation of Electrical Systems for
inspection practices. Thus, a Statement Incorporation by reference, Fixed and Floating Offshore Petroleum
of Energy Supply, Distribution, or Use is Investigations, Mineral royalties, Oil Facilities for Unclassified and Class I,
not required. and gas development and production, Division 1 and Division 2 Locations
Civil Justice Reform (Executive Order Oil and gas exploration, Oil and gas (incorporated by reference as specified
12988) reserves, Penalties, Pipelines, Public in § 250.198), or API RP 14FZ,
lands—mineral resources, Public Recommended Practice for Design and
According to Executive Order 12988, lands—rights-of-way, Reporting and
the Office of the Solicitor has Installation of Electrical Systems for
recordkeeping requirements, Sulphur Fixed and Floating Offshore Petroleum
determined that this rule does not development and production, Sulphur
unduly burden the judicial system and Facilities for Unclassified and Class I,
exploration, Surety bonds.
meets the requirements of sections 3(a) Zone 0, Zone 1, and Zone 2 Locations
and 3(b)(2) of the Order. Dated: December 23, 2002. (incorporated by reference as specified
Rebecca W. Watson, in § 250.198).
National Environmental Policy Act
Assistant Secretary, Land and Minerals * * * * *
(NEPA) Management.
This rule does not constitute a major 3. In § 250.198, in the table in
For the reasons stated in the
Federal action significantly affecting the paragraph (e), the entry for API RP 14F
preamble, the Minerals Management
quality of the human environment. A Service proposes to amend 30 CFR Part is revised and a new entry for document
detailed statement under the NEPA of 250 as follows: API RP 14FZ is added in alphanumeric
1969 is not required. order to read as follows:
Unfunded Mandates Reform Act PART 250—OIL AND GAS AND
§ 250.198 Documents incorporated by
(UMRA) of 1995 SULPHUR OPERATIONS IN THE
reference.
OUTER CONTINENTAL SHELF
This rule does not impose an * * * * *
unfunded mandate on state, local, and 1. The authority citation for part 250
(e) * * *
tribal governments or the private sector continues to read as follows:

Title of document Incorporated by reference at

* * * * * * *
API RP 14F, Recommended Practice for Design and Installation of Electrical Systems for Fixed and Float- § 250.114(c); § 250,803(b)(9)(v);
ing Offhsore Petroleum Facilities for Unclcassified and Class I, Division 1 and Division 2 Locations, § 250.1629(b)(4)(v)
Fourth Edition, June 1999, API Stock No. G14F04.
API RP 14FZ, Recommended Practice for Design and Installation of Electrical Systems for Fixed and § 250.114(c); § 250.803(b)(9)(v);
Floating Offshore Petroleum Facilities for Unclassified and Class I, Zone 0, Zone 1, and Zone 2 Loca- § 250.1629(b)(4)(v)
tions, First Edition, September 2001, API Stock No, G14FZ1.

* * * * * * *

4. In § 250.803, paragraph (b)(9)(v) is (the preceding four documents (v) Fire- and gas-detection systems
revised to read as follows: incorporated by reference as specified in must be an approved type, designed and
§ 250.198). installed according to API RP 14C, API
§ 250.803 Additional production system RP 14G, and API RP 14F or API RP 14FZ
requirements. * * * * *
5. In § 250.1629, paragraph (b)(4)(v) is (the preceding four documents
* * * * * incorporated by reference as specified in
revised to read as follows:
(9) * * * § 250.198).
(v) Fire- and gas-detection systems § 250.1629 Additional production and fuel * * * * *
must be an approved type, designed and gas system requirements.
installed according to API RP 14C, API [FR Doc. 03–665 Filed 1–13–03; 8:45 am]
* * * * *
RP 14G, and API RP 14F or API RP 14FZ BILLING CODE 4310–MR–P
(4) * * *

VerDate Dec<13>2002 14:36 Jan 13, 2003 Jkt 200001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\14JAP1.SGM 14JAP1