8900 Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 / Rules and Regulations 

DEPARTMENT OF THE INTERIOR 

Minerals Management Service 

30 CFR Part 250 

RIN 1010–AD19 

Oil and Gas and Sulphur Operations in 

the Outer Continental Shelf—

Incorporate API RP 65 for Cementing 

Shallow Water Flow Zones 

AGENCY: Minerals Management Service 

(MMS), Interior. 

ACTION: Final rule. 

SUMMARY: MMS is incorporating by 

reference the First Edition of the 

American Petroleum Institute’s 

Recommended Practice (RP) for 

Cementing Shallow Water Flow (SWF) 

Zones in Deep Water Wells (API RP 65) 

into MMS regulations. From 1987 to 

2004, at least 113 Outer Continental 

Shelf (OCS) wells encountered SWF to 

varying degrees. While the majority of 

these wells experienced SWF to only a 

minor degree, there were instances of 

severe encounters resulting in 

abandonment of well sites and loss of 

wells. This action establishes best 

practices for cementing wells in deep 

water areas of the OCS that are prone to 

SWF. 

EFFECTIVE DATE: March 30, 2007. The 

incorporation by reference of the 

publication listed in the regulation is 

approved by the Director of the Federal 

Register as of March 30, 2007. 

FOR FURTHER INFORMATION CONTACT: Kirk 

Malstrom, Office of Offshore Regulatory 

Programs, Regulations and Standards 

Branch at (703) 787–1751. 

SUPPLEMENTARY INFORMATION: 

Background: Since 1987, OCS 

operators have reported encountering 

SWF problems while drilling in specific 

areas of the Gulf of Mexico (GOM). 

Between 1987 and 2004, MMS is aware 

of at least 113 wells, drilled by 

approximately 25 different operators, 

that encountered problems with SWF. 

General information on SWFs, and maps 

showing the location of areas in the 

GOM that have had documented cases 

of SWF, can be viewed at our Web site: 

http://www.gomr.mms.gov/homepg/ 

offshore/safety/wtrflow.html. 

This final rule updates the 

requirements for cementing operations 

in 30 CFR Part 250 Subpart A—General, 

and Subpart D—Oil and Gas Drilling 

Operations. Subpart A is amended to 

incorporate by reference ‘‘API RP 65, 

Recommended Practice for Cementing 

SWF Zones in Deep Water Wells,’’ First 

Edition, September 2002. Subpart D is 

amended by adding new subparagraph 

(e) to § 250.415, detailing when API RP 

65 is to be evaluated by an operator in 

designing a cementing program. Some of 

the key points of this final rulemaking 

include the following: 

• Use of this standard is not 

warranted for every OCS well, or for all 

casing strings in a particular well. Its 

use is limited to situations where there 

is a risk of encountering a SWF based 

upon past drilling activity, seismic data 

or interpretation, or correlation of data 

from offset wells in water depths greater 

than 500 feet (SWF has not been 

encountered in wells in water depths 

less than 500 feet). 

• The risk associated with 

encountering a SWF is characterized in 

one of two ways: (1) An area with an 

unknown SWF potential, or (2) an area 

known to contain a SWF hazard. 

• For purposes of this final rule, these 

terms are defined as follows: 

• An area with an unknown SWF 

potential means a zone or geologic 

formation where neither the 

presence nor absence of potential 

for a SWF has been confirmed. 

• An area known to contain a SWF 

hazard means a zone or geologic 

formation for which drilling has 

confirmed the presence of SWF. 

• Use of this standard is limited to 

water depths greater than 500 feet for 

areas with an unknown SWF potential 

or areas known to contain a SWF 

hazard. Data available to the MMS on 

the 113 wells that have encountered 

SWF show that the water depths for 

these wells ranged from approximately 

500 feet to 9,675 feet, with an average 

water depth of 3,560 feet. 

• As part of an operator’s Application 

for Permit to Drill (Form MMS–123), a 

statement needs to be included 

concerning how API RP 65 was 

evaluated by the operator. The operator 

must also detail which of the cementing 

techniques from this standard were used 

as part of the cementing program for a 

well drilled in either ‘‘areas with an 

unknown SWF potential’’ or ‘‘areas 

known to contain a SWF hazard.’’ This 

information will be evaluated by MMS 

during the review of the application for 

permit to drill, and discussed with the 

operator as appropriate. 

• Particular attention should be 

placed on evaluating, designing, and 

implementing the cementing programs 

of both the surface and conductor casing 

strings in wells requiring review under 

API RP 65. Data available to the MMS 

on the 113 wells that have encountered 

SWF show that the tops of the SWF 

zones ranged from approximately 450 

feet below mud line to 3,005 feet below 

mud line, with an average depth of 

encounter of 1,305 feet below mud line. 

These depths are typical of the setting 

depths of either conductor or surface 

casings. 

Comments on the Rule: On May 22, 

2006, MMS published a proposed rule 

(71 FR 29280) to incorporate API RP 65. 

The public comment period ended on 

July 21, 2006. MMS received six 

comments on the proposed rule. All the 

comments came from companies or 

organizations working in the oil and gas 

industry, including ExxonMobil, BP, 

Devon, BJ Services Company, 

Schlumberger, and the Offshore 

Operators Committee (OOC). A majority 

of the comments addressed similar 

issues mostly on the bias toward using 

foam cement to address the SWF issue 

in sections of the RP. Other comments 

expressed concern that singling out a 

specific cementing technique hinders 

new methods and technology 

development, and that this RP is not 

appropriate for other cementing 

applications. You may view these 

comments on MMS’ Public Connect online commenting system at: http:// 

www.mms.gov/federalregister/ 

PublicComments/APIRP65.htm. 

Discussion of Comments: 

Comment: Five out of the six 

comments wanted MMS to omit 

appendix F of API RP 65. The comments 

suggest omitting this appendix due to a 

perceived bias toward use of foam 

cementing. At the time the RP was 

developed, foam was the best available 

cement system for use in combating 

SWFs. Since development of this 

standard, new options have been 

developed that are similarly efficient, 

i.e., non-compressible systems. A few 

comments also recommend omitting 

appendices D and E due to bias toward 

foam cement. 

Response: MMS agrees that there 

appears to be a bias toward the use of 

foam cement in appendices D, E, and F. 

However, under this final rulemaking, 

MMS does not require a company to 

comply with the provisions contained 

in these appendices or submit any 

information related to these appendices. 

MMS views the appendices in this RP 

as examples and background 

information. With specific reference to 

appendix F, even with the apparent bias 

towards use of foam cement, MMS still 

views the cementing matrix as a useful 

tool that can help a company evaluate 

the performance of their cement jobs 

and improve upon subsequent cement 

operations. 

Comment: One comment provided 

further recommendations and alternate 

language to change sections 11.1, 11.2, 

and 11.3 of the RP to eliminate bias 

towards foam cement. 


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Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 / Rules and Regulations 8901 

Response: MMS does not have the 

authority to change an API document. 

While MMS could elect not to 

incorporate by reference specified 

provisions of the document, it has 

instead opted to incorporate API RP 65, 

First Edition (September 2002) in its 

entirety. API updates these 

recommended practices periodically 

through a consensus-based process. 

MMS believes it best that the changes 

suggested by this commenter be 

proposed to the API review committee 

so that they can be considered by a 

cross-section of industry. If the 

proposals are adopted by API, and 

incorporated into a revised edition of 

this RP, MMS would then have the 

option to consider incorporating the 

revised edition into the regulations. 

Procedural Matters 

Regulatory Planning and Review 

(Executive Order (E.O.) 12866) 

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. 

(1) The final rule 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 economic analysis prepared by 

the MMS indicates that, if the 

techniques included in API RP 65 are 

evaluated by operating companies in the 

planning phases of wells drilled in 

Areas with an Unknown SWF Potential 

or Areas Known to Contain a SWF 

Hazard, this process will increase the 

planning costs associated with these 

wells by no more than $20,000 per well 

(industry estimate). This cost includes 

planning associated with a full range of 

SWF mitigation measures. The measures 

include casing centralization; pipe 

movement; use of light weight cements 

such as a foam system; use of noncompressible systems; proper mud 

circulation prior to cementing; site 

selection; the drilling of pilot holes; 

setting extra strings of casing; use of 

measurement while drilling technology; 

pressure while drilling technology; and 

use of a drilling riser for shallow 

sections of a deep water well. Today, 

most lessees conducting operations in 

SWF-prone areas already use most of 

these techniques. As a result, additional 

costs associated with implementing 

these techniques under this final rule 

will be negligible. 

Based on information available to 

MMS, there have been a total of 1,275 

wells drilled on the OCS in water 

depths of 500 feet or greater during the 

period 2000–2004. The cost to industry 

over the past 5 years for SWF mitigation 

would have been approximately $25.5 

million ($20,000 per well × 1,275 wells 

= $25.5 million) if the evaluations 

required for this final rule were 

conducted prior to drilling all of these 

wells. In reality, a significant number of 

the 1,275 wells would have been located 

in areas known to be free of SWF, and 

would not have required an operating 

company to implement the techniques 

included in API RP 65 as part of their 

well planning efforts, resulting in a 

significantly lower cost to the offshore 

industry. 

Using the well data trends from 2000–

2004, in water depths greater than 500 

feet, MMS estimates an average of 200 

wells will be drilled per year. Using the 

average of 200 wells, the estimated 

annual cost to industry will be 

approximately $4 million ($20,000 per 

well × 200 wells = $4 million). Based on 

actual drilling figures, estimated total 

well costs are in excess of $40 million 

per well. Industry estimates of $20,000 

per well for SWF mitigation represents 

only 0.05 percent of total well costs. The 

possible consequences of SWF, well 

abandonment, or well loss are far more 

severe than the 0.05 percent of well 

costs for SWF mitigation. 

For the above reasons, the final rule 

will have a minor economic effect on 

the offshore oil and gas industry. 

(2) The final rule will not create a 

serious inconsistency or otherwise 

interfere with action taken or planned 

by another agency. It will not change the 

relationships of the OCS oil and gas 

leasing program with other agencies’

actions. 

(3) This final rule will not alter the 

budgetary effects of entitlements, grants, 

user fees or loan programs, or the rights 

or obligations of their recipients. The 

changes proposed in this rule are 

strictly planning requirements for 

specific well cementing processes to 

prevent accidents and environmental 

pollution on the OCS. 

(4) This final rule will not raise novel 

legal or policy issues. 

Regulatory Flexibility Act (RFA) 

The Department certifies that this 

final rule will not have a significant 

economic effect on a substantial number 

of small entities under the RFA (5 

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

The changes in the final rule will 

affect lessees and operators of leases on 

the OCS. This could include about 130 

active Federal oil and gas lessees. Small 

lessees that operate under this rule fall 

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 one with fewer than 500 

employees. Based on these criteria, an 

estimated 70 percent of these companies 

are considered small. This final rule 

will therefore affect a substantial 

number of small entities. 

As previously stated, there have been 

a total of 1,275 wells drilled on the OCS 

in water depths of 500 feet or greater 

during the period 2000–2004. Of the 

total 1,275 wells drilled, 1,107 were 

drilled by large businesses and 168 by 

small businesses. The 168 wells were 

drilled by a total of 15 small businesses. 

The 1,107 large business wells 

correspond to 87 percent of all wells 

drilled, leaving 13 percent as small 

business wells. 

The final rule will have a minor 

economic effect on the oil and gas 

offshore lessees and operators on the 

OCS, regardless of company size. This is 

due to the relatively small SWF 

mitigation costs in relation to the high 

drilling costs. Because of the high 

potential costs of SWF, well 

abandonment, or well loss, in the 

overwhelming majority of cases 

operators choose to perform improved 

and safer well cementing procedures on 

their own initiative, not because of 

MMS safety requirements. The final rule 

will add relatively little to the cost of a 

well cementing procedure. Thus, there 

will not be a significant impact on a 

substantial number of small entities 

under the RFA (5 U.S.C. 601 et seq.). 

The final rule will not cause the 

business practices of any of these 

companies to change. 

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 

MMS, call 1–888–734–3247. You may 

comment to the Small Business 

Administration without fear of 

retaliation. Disciplinary action for 

retaliation by an MMS employee may 

include suspension or termination from 

employment with the DOI. 


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8902 Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 / Rules and Regulations 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

The final rule is not a major rule 

under the SBREFA (5 U.S.C. 804(2)). 

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. 

c. Will 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. 

Leasing on the OCS is limited to 

residents of the U.S. or companies 

incorporated in the U.S. This final rule 

will not change that requirement. 

Unfunded Mandates Reform Act 

(UMRA) 

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 UMRA (2 U.S.C. 1531 et 

seq.) is not required. 

Takings Implication Assessment 

(Executive Order 12630) 

This final rule is not a governmental 

action capable of interference with 

constitutionally protected property 

rights. Thus, MMS did not need to 

prepare a Takings Implication 

Assessment according to E.O. 12630, 

Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights. 

Federalism (Executive Order 13132) 

With respect to E.O. 13132, this final 

rule will 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. 

Civil Justice Reform (Executive Order 

12988) 

With respect to E.O. 12988, the Office 

of the Solicitor has determined that the 

final rule does not unduly burden the 

judicial system and does meet the 

requirements of sections 3(a) and 3(b)(2) 

of the Order. 

Paperwork Reduction Act (PRA) 

The revisions to 30 CFR 250 refer to, 

but do not change, information 

collection requirements in current 

regulations. They impose no new 

reporting or recordkeeping requirements 

and a submission to OMB under 

§ 3507(d) of the PRA is not required. 

The PRA provides that an agency may 

not conduct or sponsor a collection of 

information unless it displays a 

currently valid OMB control number. 

Until OMB approves a collection of 

information and assigns a number, you 

are not required to respond. OMB 

approved the referenced information 

collection requirements for 30 CFR part 

250 under OMB Control Numbers 1010–

0114 (22,538 burden hours), expiration 

October 31, 2007, and 1010–0141 

(163,714 burden hours), expiration 

August 31, 2008. 

National Environmental Policy Act 

(NEPA) of 1969 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. 

MMS has analyzed this rule under the 

criteria of the NEPA and 516 

Departmental Manual 6, Appendix 

10.4C(1). MMS completed a Categorical 

Exclusion Review for this action and 

concluded that ‘‘the rulemaking does 

not represent an exception to the 

established criteria for categorical 

exclusion; therefore, preparation of an 

environmental analysis or 

environmental impact statement will 

not be required.’’

Energy Supply, Distribution, or Use 

(Executive Order 13211) 

Executive Order 13211 requires the 

agency to prepare a Statement of Energy 

Effects when it takes a regulatory action 

that is identified as a significant energy 

action. This final rule is not a significant 

energy action; and therefore, will not 

require a Statement of Energy Effects 

because it: 

a. Is not a significant regulatory action 

under E.O. 12866, 

b. Is not likely to have a significant 

adverse effect on the supply, 

distribution, or use of energy, and 

c. Has not been designated by the 

Administrator of the Office of 

Information and Regulatory Affairs, 

OMB, as a significant energy action. 

Consultation With Indian Tribes 

(Executive Order 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 on the OCS. 

List of Subjects in 30 CFR Part 250 

Administrative practice and 

procedure, Continental shelf, 

Environmental protection, Incorporation 

by reference, Oil and gas exploration, 

and Reporting and recordkeeping 

requirements. 

Dated: January 31, 2007. 

C. Stephan Allred, 

Assistant Secretary—Land and Minerals 

Management. 

■ For the reasons stated in the preamble, 

the 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, et seq., 31 

U.S.C. 9701. 

■ 2. 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 documents Incorporated by 

reference at 

* * * * * * * 

API RP 65, Recommended Practice for Cementing Shallow Water Flow Zones in Deep Water Wells, First Edition, September 

2002, Product No. G56001 .......................................................................................................................................................... § 250.415(e) 

* * * * * * * 


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Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 / Rules and Regulations 8903 

■ 3. In § 250.415, add a new paragraph 

(e) as set forth below. 

§ 250.415 What must my casing and 

cementing programs include? 

* * * * * 

(e) a statement of how you evaluated 

the best practices included in API RP 

65, Recommended Practice for 

Cementing Shallow Water Flow Zones 

in Deep Water Wells (incorporated by 

reference as specified in § 250.198), if 

you drill a well in water depths greater 

than 500 feet and are in either of the 

following two areas: 

(1) An ‘‘area with an unknown 

shallow water flow potential’’ is a zone 

or geologic formation where neither the 

presence nor absence of potential for a 

shallow water flow has been confirmed. 

(2) An ‘‘area known to contain a 

shallow water flow hazard’’ is a zone or 

geologic formation for which drilling 

has confirmed the presence of shallow 

water flow. 

[FR Doc. E7–3426 Filed 2–27–07; 8:45 am] 

BILLING CODE 4310–MR–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[WV101–6038; FRL–8273–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Update to Materials 

Incorporated by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; Notice of 

administrative change. 

SUMMARY: EPA is updating the materials 

submitted by West Virginia that are 

incorporated by reference (IBR) into the 

State Implementation Plan (SIP). The 

regulations affected by this update have 

been previously submitted by the West 

Virginia Department of Environmental 

Protection and approved by EPA. This 

update affects the SIP materials that are 

available for public inspection at the 

National Archives and Records 

Administration (NARA), the Air and 

Radiation Docket and Information 

Center located at EPA Headquarters in 

Washington, DC, and the Regional 

Office. 

EFFECTIVE DATE: This action is effective 

February 28, 2007. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following locations: Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103; the 

Air and Radiation Docket and 

Information Center, EPA Headquarters 

Library, Room Number 3334, EPA West 

Building, 1301 Constitution Ave., NW., 

Washington, DC 20460, and the 

National Archives and Records 

Administration. If you wish to obtain 

materials from a docket in the EPA 

Headquarters Library, please call the 

Office of Air and Radiation (OAR) 

Docket/Telephone number: (202) 566–

1742; or 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. 

FOR FURTHER INFORMATION CONTACT: 

Harold A. Frankford, (215) 814–2108 or 

by e-mail at frankford.harold@epa.gov. 

SUPPLEMENTARY INFORMATION: The SIP is 

a living document which the State 

revises as necessary to address the 

unique air pollution problems. 

Therefore, EPA from time to time must 

take action on SIP revisions containing 

new and/or revised regulations to make 

them part of the SIP. On May 22, 1997 

(62 FR 27968), EPA revised the 

procedures for incorporating by 

reference Federally-approved SIPs, as a 

result of consultations between EPA and 

the Office of the Federal Register (OFR). 

The description of the revised SIP 

document, IBR procedures and 

‘‘Identification of plan’’ format are 

discussed in further detail in the May 

22, 1997 Federal Register document. On 

February 10, 2005 (70 FR 7024), EPA 

published a Federal Register beginning 

the new IBR procedure for West 

Virginia. In this document, EPA is doing 

the following: 

1. Announcing the update to the IBR 

material as of December 15, 2006. 

2. Making corrections to the following 

entries listed in the paragraph 

52.2520(c) chart, as described below: 

a. 45 CSR 14, ‘‘State citation [Chapter 

16–20 or 45 CSR]’’ column—revising the 

entries for the regulation citation and 

Sections 45–14–2, 45–14–3, and 45–14–

19. 

b. 45 CSR 14, ‘‘Title/subject’’

column—revising the entry for Section 

45–14–25. 

c. 45 CSR 14, ‘‘State effective date’’

column, all entries—revising the 

effective date from ‘‘6/2/05’’ to ‘‘6/1/ 

05.’’

d. 45 CSR 19—Adding entries for 

Tables 45–19A and 45–19B. These 

tables were part of the regulatory text of 

45 CSR 19 which EPA approved as a 

revision of the West Virginia SIP on 

November 2, 2006 (71 FR 64668), but 

were inadvertently omitted from the 

amended rule for 40 CFR 52.2520(c) 

published at 71 FR 64670. 

e. 45 CSR 19, ‘‘State citation [Chapter 

16–20 or 45 CSR]’’ column—revising the 

entries for the regulation citation and 

Sections 45–14–2, 45–14–3, and 45–14–

17. 

f. 45 CSR 19, ‘‘Title/subject’’

column—revising the entry for Section 

45–19–23. 

g. 45 CSR 19, ‘‘State effective date’’

column, all entries—revising the 

effective date from ‘‘6/2/05’’ to ‘‘6/1/ 

05.’’

h. 45 CSR 14 and 45 CSR 19, 

‘‘Additional explanation at 40 CFR 

52.2565’’ column, all entries—adding 

the SIP effective date for each entry. 

3. Making corrections to the title of 

the ‘‘Additional information’’ column in 

the paragraph 52.2520(d) chart. 

EPA has determined that today’s rule 

falls under the ‘‘good cause’’ exemption 

in section 553(b)(3)(B) of the 

Administrative Procedures Act (APA) 

which, upon finding ‘‘good cause,’’

authorizes agencies to dispense with 

public participation, and section 

553(d)(3) which allows an agency to 

make a rule effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). Today’s rule simply codifies 

provisions which are already in effect as 

a matter of law in Federal and approved 

State programs. Under section 553 of the 

APA, an agency may find good cause 

where procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment is 

‘‘unnecessary’’ and ‘‘contrary to the 

public interest’’ since the codification 

only reflects existing law. Immediate 

notice in the CFR benefits the public by 

removing outdated citations and 

incorrect chart entries. 

Statutory and Executive Order Reviews 

A. General Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 


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