Federal Register / Vol. 73, No. 23 / Monday, February 4, 2008 / Rules and Regulations 6427 

need for revision of two sections to 

conform to the Commission’s Order No. 

43, October 29, 2007, which adopted 

those regulations. 

The first affects 39 CFR 3020.91. As 

published, this section states that the 

Postal Service is to file a notice of a 

correction in product lists no later than 

30 days prior to the effective date of the 

proposed change. The correct timeframe 

for filing such notices is no later than 15 

days. 

The second revision affects 39 CFR 

3020.93. As published, this section 

includes the phrase ‘‘market dominant’’

before ‘‘product description’’. The 

phrase ‘‘market dominant’’ should not 

have been used as a qualifier. 

As published, the final regulations 

contain errors which may prove to be 

misleading and need to be clarified. 

List of Subjects in 39 CFR Part 3020 

Administrative practice and 

procedure; Postal Service. 

■ Accordingly, 39 CFR part 3020 is 

corrected by making the following 

correcting amendments: 

PART 3020—PRODUCT LISTS 

■ 1. The authority citation for part 3020 

continues to read as follows: 

Authority: 39 U.S.C. 503; 3622; 3631; 3642; 

3682. 

■ 2. Revise § 3020.91 to read as follows: 

§ 3020.91 Modification. 

The Postal Service shall submit 

corrections to product descriptions in 

the Mail Classification Schedule that do 

not constitute a proposal to modify the 

market dominant product list or the 

competitive product list as defined in 

§ 3020.30 by filing notice of the 

proposed change with the Commission 

no later than 15 days prior to the 

effective date of the proposed change. 

■ 3. Revise paragraph (b) of § 3020.93 to 

read as follows: 

§ 3020.93 Implementation. 

* * * * * 

(b) The Commission’s finding that 

changes to the product descriptions are 

not inconsistent with 39 U.S.C. 3642 is 

provisional and subject to subsequent 

review. 

Steven W. Williams, 

Secretary. 

[FR Doc. E8–1890 Filed 2–1–08; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2007–1085; FRL–8519–1] 

Final Rule; Ohio; Revised Oxides of 

Nitrogen (NOX) Regulation, Phase II, 

and Revised NOX Trading Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a revision to 

the Ohio oxides of nitrogen (NOX) State 

Implementation Plan (SIP) containing 

provisions which control emissions of 

NOX from large internal combustion (IC) 

engines, makes corrections to 

typographical errors in the previously 

approved Phase I NOX SIP, and expands 

the definition of NOX budget unit. This 

approval requires reductions in NOX

emissions from large IC engines, based 

on cost-effective control measures. Large 

IC engines are defined in the State rule 

as emitting one ton or more of NOX per 

day during the ozone season. The Ohio 

NOX SIP Call IC engine inventory is 

based on the inventory of IC engines 

compiled by EPA as part of the NOX SIP 

Call rule. Including these engines in the 

Ohio plan reduces NOX to a level at 

which the State will meet its ozone 

season NOX budget. EPA is approving 

the State’s revision because it satisfies 

the Federal requirements for Phase II 

sources and demonstrates that these 

rules will meet the Phase II budget for 

Ohio. 

DATES: This direct final rule is effective 

April 4, 2008 without further notice, 

unless EPA receives adverse comment 

by March 5, 2008. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05–

OAR–2007–1085, by one of the 

following methods: 

I. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

II. E-mail: mooney.john@epa.gov. 

III. Fax: (312) 886–5824 

IV. Mail: Reference EPA–R05–OAR–

2007–1085 Docket, Air Programs 

Branch, U.S. Environmental Protection 

Agency, (AR–18J), 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

V. Hand Delivery or Courier: John 

Mooney, Chief, Criteria Pollutant 

Section, Air Programs Branch, U.S. 

Environmental Protection Agency (AR–

18J), 77 West Jackson Boulevard, 

Chicago, Illinois 60604. Such deliveries 

are only accepted during the Regional 

Office’s normal hours of operation. The 

Regional Office’s official hours of 

business are Monday through Friday, 

8:30 to 4:30, excluding federal holidays. 

Instructions: Direct your comments to 

Docket ID No. ‘‘EPA–R05–OAR–2007–

1085’’. EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters and any form of 

encryption and should be free of any 

defects or viruses. For additional 

information about EPA’s public docket 

visit the EPA Docket Center homepage 

at http://www.epa.gov/epahome/ 

dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically at www.regulations.gov or 

in hard copy at the Environmental 

Protection Agency, Region 5, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. EPA 

requests that if at all possible, you 


ebenthall on PRODPC61 with RULES
6428 Federal Register / Vol. 73, No. 23 / Monday, February 4, 2008 / Rules and Regulations 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: John 

Paskevicz, Engineer, Criteria Pollutant 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. The telephone 

number is (312) 886–6084. Mr. 

Paskevicz can also be reached via 

electronic mail at: 

paskevicz.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’

and ‘‘our’’ refer to the U.S. 

Environmental Protection Agency. 

Table of Contents 

I. Does this rule apply to me? 

II. The State’s Submittal 

A. Why did the State submit this revision 

and how does it fit in with the State’s 

NOX plan? 

B. What did Ohio submit? 

III. EPA’s Evaluation and Final Action 

A. Is the Ohio submittal complete? 

B. Did the State submit the revision in time 

to meet EPA requirements? 

C. Does the Ohio submittal meet the 

evaluation criteria? 

IV. What action is EPA taking today? 

V. Statutory and Executive Order Reviews 

I. Does this rule apply to me? 

This rule applies to owners or 

operators of any large NOX SIP Call 

stationary internal combustion engines 

as defined in the State rule and located 

in the State of Ohio. A ‘‘large NOX SIP 

Call engine’’ means any engine in the 

Ohio NOX SIP Call engine inventory 

emitting more than one ton of NOX

emissions per control period day in 

1995. Ohio used the EPA 1995 baseline 

inventory list that contained the NOX

emission units for all of the States 

including Ohio. A search of that list 

shows that there are 12 large lean burn 

IC engines, as described by EPA, in 

Ohio. These engines are located at 

pipeline pumping stations and are 

required by State rule to meet the NOX

SIP Call Phase II budget. Compliance 

plans are expected to show that control 

of these 12 units will bring about 

reductions of NOX to meet the portion 

of the NOX budget associated with these 

units. 

II. The State’s Submittal 

A. Why did the State submit this 

revision and how does it fit in with the 

State’s NOX plan? 

In order to reduce ozone transport in 

the eastern part of the United States, the 

EPA issued the NOX SIP Call on October 

27, 1998, (63 FR 57356) to reduce 

emissions of NOX, a precursor of ozone. 

Subsequent litigation affecting this SIP 

Call prompted the EPA to divide the SIP 

Call into two phases. The majority of the 

SIP Call was upheld by the D.C. Circuit 

Court of Appeals and these 

requirements became Phase I of the SIP 

Call. A second phase of the SIP Call was 

necessary to address the portions of the 

October 1998 action which were vacated 

or remanded to EPA by the Court. EPA 

published the final Phase II Rule on 

April 21, 2004 (69 FR 21604). The plans 

that cover the portion of the rule reissued after the Court decision are 

known as ‘‘Phase II’’ SIPs and were due 

to be submitted to EPA on April 1, 2005, 

with full compliance by May 1, 2007. 

The Ohio plan revision was received by 

EPA on June 16, 2005. Additional 

information regarding compliance plan 

approval by Ohio was provided on 

November 7, 2006. 

In addition to the Phase II rule, EPA 

published a draft example rule on 

September 15, 2004, for States to use as 

a model for their State rules. A copy of 

this draft example rule is available at 

the Web site: http://www.epa.gov/ttn/ 

oarpg/t1/meta/m25546.html. 

Coincidental with the draft example 

rule EPA provided a list of questions 

and answers for use by States in 

response to some common questions 

expressed by the regulated community. 

(http://www.epa.gov/ttn/oarpg/t1/ 

reports/23814qnaasfin.pdf) The EPA 

Phase II rule identifies the incremental 

budget for Ohio which the State is 

expected to comply with in order to 

fulfill the requirements of the NOX SIP 

Call. 

B. What did Ohio submit? 

Ohio’s revision contains rules which 

add IC engines to the list of affected 

sources of NOX. The revision also 

includes some language changes to the 

original NOX SIP, and also changes in 

definitions and the addition of specific 

language for cogeneration units. These 

changes are located in OAC 3745–14–

01, –05, and –12, and Appendix B. 

OAC 3745–14–01 was changed in the 

areas of Definitions and Applicability. 

Ohio made changes in the Definitions 

section addressing continuous 

emissions monitoring, linking the 

language to Ohio rule 3745–14–08, and 

40 CFR part 75, and expanded the 

language in the state’s rule pertaining to 

automated data acquisition and 

handling system and NOX monitoring. 

An additional list of definitions was 

added pertaining to IC engines, clearly 

defining to which source types this rule 

applies. In the applicability portion of 

the rule a separate section addressing 

(and including) cogeneration units was 

added. 

A number of minor wording revisions 

were made in OAC 3745–14–05, relating 

to Ohio’s incorporation by reference of 

EPA’s technical amendments to the NOX

SIP Call Rule and ASTM standard test 

methods for several pollutants including 

NOX. This State rule revision includes 

Appendix B to the chapter, and lists the 

non-electric generating unit’s (non-EGU) 

annual NOX allowance allocations. This 

appendix contains corrections to errors 

on the list made in the point 

identification portion of the State’s 

Appendix B for non-EGUs. 

OAC 3745–14–12, Stationary internal 

combustion engines, is an entirely new 

rule which applies to large NOX SIP Call 

engines as defined in OAC 3745–14–01. 

The rule lists the requirements for a 

compliance plan, and the requirements 

for monitoring, recordkeeping and 

reporting of data. 

III. EPA’s Evaluation and Final Action 

A. Is the Ohio submittal complete? 

Yes, Ohio submitted a complete SIP 

revision. The revision is complete from 

the point of view of satisfying the Ohio 

state code for submitting State plans to 

EPA. And the revision is complete 

based on the requirements of 40 CFR 

part 51, Appendix V. 

This revision augments a number of 

earlier revisions to the Ohio NOX SIP 

Call. On August 5, 2003, 68 FR 46089, 

EPA published a final rule giving 

conditional approval of the Ohio NOX

SIP Call plan, following receipt of a 

written commitment from Ohio to revise 

the flow control date. 

On June 27, 2005, 70 FR 36845, EPA 

published a final rule approving the 

Ohio revision which excludes carbon 

monoxide boilers at fluid catalytic 

cracking units in oil refineries from 

Ohio’s NOX trading program. 

B. Did the State submit the revision in 

time to meet EPA requirement? 

The State Phase II SIP was required to 

be submitted one year following the 

approval by the EPA Administrator 

establishing the final full NOX budgets 

for States subject to the NOX SIP Call. 

The final full NOX budget rule was 

signed by the administrator on April 1, 

2004. (69 FR 21604) The revised State 

plans were due on April 1, 2005. The 

Ohio plan was received by EPA on June 

16, 2005. 

C. Does the Ohio submittal meet the 

evaluation criteria? 

EPA evaluated the Ohio plan 

submittal based on the guidance EPA 


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Federal Register / Vol. 73, No. 23 / Monday, February 4, 2008 / Rules and Regulations 6429 

provided to states affected by the NOX

SIP Call. We are satisfied that the plan 

submitted by Ohio meets this guidance. 

EPA published an example rule (EPA 

guidance) illustrating a means by which 

States can meet the NOX SIP Call Phase 

II requirements. The example rule 

contained: A set of new definitions 

associated with stationary internal 

combustion engines; a description of a 

compliance plan containing provisions 

applicable to each owner/operator of a 

large IC engine; and a detailed list of 

reporting, monitoring, and 

recordkeeping requirements with which 

an owner/operator must comply. We 

reviewed the Ohio Phase II submittal 

against our example rule and find the 

Ohio IC engine rule to be consistent 

with applicable elements of the EPA 

example rule. 

Ohio also included an incorporation 

by reference (in OAC 3745–14–01) of: 

(1) A standard test method for 

determining NOX concentrations in 

emissions from natural gas-fired 

reciprocating engines, combustion 

turbines, boilers, and process heaters 

using portable analyzers; (2) Technical 

Amendment to the Finding of 

Significant Contribution and 

Rulemaking for Certain States for 

Purposes of Reducing Regional 

Transport of Ozone, (65 FR 11222, 

March 2, 2000); and, (3) Interstate 

Ozone Transport Response to Court 

Decisions on the NOX SIP Call, NOX SIP 

Call Technical Amendments, and 

Section 126 Rules (69 FR 21603, April 

21, 2004.) 

IV. What action is EPA taking? 

EPA is approving the revision to the 

Ohio NOX SIP Call which adds 

provisions affecting large stationary 

internal combustion engines. We are 

also approving a number of changes to 

the State’s plan including the revised 

budget demonstration for IC engines, 

rule changes affecting continuous 

emissions monitoring, and additional 

language affecting cogeneration units. 

V. Statutory and Executive Order 

Reviews 

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 making progress toward 

meeting Federal requirements and 

would impose no additional 

requirements beyond those imposed by 

State law. Accordingly, the 

Administrator certifies that this rule 

would not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

action approves pre-existing 

requirements under State law and 

would not impose any additional 

enforceable duty beyond that required 

by State law, it does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4). 

This rule also does not have tribal 

implications because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it would not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action approves 

a State rule making progress toward 

implementing a Federal standard. It 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the Clean 

Air Act. This rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it would 

approve a State rule making progress 

toward implementing a Federal 

Standard. 

In reviewing SIP submissions, EPA’s 

role is to approve State choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule would 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. section 801 et seq., as added by 

the Small Business Regulatory 

Enforcement Fairness Act of 1996, 

generally provides that before a rule 

may take effect, the agency 

promulgating the rule must submit a 

rule report, which includes a copy of 

the rule, to each House of the Congress 

and to the Comptroller General of the 

United States. EPA will submit a report 

containing this rule and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by April 4, 2008. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Oxides of nitrogen, Reporting and 

recordkeeping requirements. 

Dated: January 11, 2008. 

Gary Gulezian, 

Acting Regional Administrator, Region 5. 

■ For the reasons stated in the preamble, 

part 52, chapter I, of title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart KK—Ohio 

■ 2. Section 52.1870 is amended by 

adding paragraph (c)(141) to read as 

follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(c) * * * 


ebenthall on PRODPC61 with RULES
6430 Federal Register / Vol. 73, No. 23 / Monday, February 4, 2008 / Rules and Regulations 

(141) Ohio Environmental Protection 

Agency, on June 16, 2005, submitted 

amendments to the State 

Implementation Plan to control nitrogen 

oxide emissions from internal 

combustion engines in new rule Ohio 

Administrative Code (OAC) 3745–14–

12. This rule adds stationary internal 

combustion engines to the list of sources 

in the Ohio NOX SIP Call emission 

reduction program. Also, OAC 3745–

14–01, General Provisions, is amended. 

This rule contains definitions used for 

the nitrogen oxides rules, expands the 

definition of NOX budget unit, adds 

definitions for the internal combustion 

engine rule, amends definition 

associated with continuous emissions 

monitoring, and makes corrections to 

typographical errors. OAC 3745–14–05 

Portions of this rule are amended to 

correctly line up with the changes made 

in the definitions section of the NOX

plan. Typographical errors are also 

corrected. 

(i) Incorporation by reference. The 

following sections of the Ohio 

Administrative Code (OAC) are 

incorporated by reference. 

(A) OAC 3745–14–01, General 

Provisions, effective on May 07, 2005. 

(B) OAC 3745–14–05, NOX Allowance 

Allocations, effective on May 07, 2005. 

(C) OAC 3745–14–12, Stationary 

Internal Combustion Engines, effective 

on May 7, 2005. 

[FR Doc. E8–1797 Filed 2–1–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 3130 

[WO–310–1310–PP–241A] 

RIN 1004–AD78 

Oil and Gas Leasing; National 

Petroleum Reserve—Alaska 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Final rule. 

SUMMARY: The Bureau of Land 

Management (BLM) is amending its 

regulations at 43 CFR part 3130 

pertaining to oil and gas resources in the 

National Petroleum Reserve—Alaska 

(NPR–A). The rule makes oil and gas 

administrative procedures in NPR–A 

consistent with Section 347 of the 

Energy Policy Act of 2005. The rule 

amends the administrative procedures 

for the efficient transfer, consolidation, 

segregation, suspension, and unitization 

of Federal leases in the NPR–A. The rule 

also changes the way the BLM processes 

lease renewals, lease extensions, lease 

expirations, lease agreements, 

exploration incentives, lease 

consolidations, and termination of 

administration for conveyed lands in 

the NPR–A. Finally, the rule makes the 

NPR–A regulation on additional 

bonding consistent with the regulations 

that apply outside of the NPR–A. 

DATES: This rule is effective March 5, 

2008. 

ADDRESSES: Further information or 

questions regarding this final rule 

should be addressed in writing to the 

Director (WO–300), Bureau of Land 

Management, 1849 C St., NW., 

Washington DC 20240. 

FOR FURTHER INFORMATION CONTACT: Greg 

Noble, Chief, Energy Branch, the BLM’s 

Alaska State Office at (907) 267–1429 or 

Ian Senio at the BLM’s Division of 

Regulatory Affairs at (202) 452–5049. 

Persons who use a telecommunications 

device for the deaf (TDD) may contact 

these persons through the Federal 

Information Relay Service (FIRS) at 1–

800–877–8339, 24 hours a day, 7 days 

a week, to leave a message or question 

with the above individuals. You will 

receive a reply during normal business 

hours. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Discussion of the Final Rule and 

Responses to Comments on the Proposed 

Rule 

III. Procedural Matters 

I. Background 

Part 3130 of 43 Code of Federal 

Regulations (CFR) contains the 

regulations that apply to oil and gas 

leasing in the NPR–A authorized under 

the Naval Petroleum Reserves 

Production Act of 1976, as amended 

(NPRPA), (42 U.S.C. 6501 et seq.). 

On April 11, 2002 (67 FR 17866), the 

BLM published a final rule that applies 

to operations under Federal oil and gas 

leases in NPR–A and added a new 

subpart allowing the formation of oil 

and gas units in the NPR–A. 

On August 8, 2005, the President 

signed the Energy Policy Act of 2005 

(EPAct of 2005) (Pub. L. 109–58). 

Section 347 of the EPAct of 2005 

amends the NPRPA. These amendments 

require that the BLM revise our existing 

regulations on: 

(A) Lease extensions and renewals; 

(B) Participation in oil and gas units; 

(C) Production allocation; 

(D) Termination of administration of 

conveyed mineral estate; and 

(E) Waiver, suspension, and reduction 

of rental or minimum royalty or 

reduction of the royalty rate. 

On May 22, 2007, the BLM published 

a proposed rule to amend existing 

regulations pertaining to oil and gas 

resources in the NPR–A (72 FR 28636). 

This final rule is substantially the same 

as the proposed rule. However, the final 

rule differs in some respects from the 

proposed rule. Some changes are the 

result of public comment on the 

proposed rule, and others are to make 

the rule clearer and more consistent 

with the EPAct of 2005. 

II. Discussion of the Final Rule and 

Responses to Comments on the 

Proposed Rule 

Section 3130.0–3 Authority 

This final rule amends the authority 

section by adding a reference to the 

Energy Policy Act of 2005 (Pub. L.109–

58) in a new paragraph (d). We received 

no substantive comment on this section 

and it remains as proposed. 

Section 3130.0–5 Definitions 

The EPAct of 2005 uses three terms 

that we also use in this final rule. All 

three terms are used in the provisions 

having to do with the methodology for 

allocating production among committed 

tracts in a unit in the NPR–A (see 

section 3137.23(g)). If the unit included 

non-Federal land, the methodology 

must take into account reservoir 

heterogeneity and area variation in 

reservoir producibility. This section of 

the rule defines the terms ‘‘production 

allocation methodology,’’ ‘‘reservoir 

heterogeneity,’’ and ‘‘variation in 

reservoir producibility’’ in a manner 

consistent with normal usage in the 

field. In the final rule we revised the 

definitions of ‘‘production allocation 

methodology’’ and ‘‘variation in 

reservoir producibility’’ based on a 

commenter’s suggestions. The definition 

of ‘‘reservoir heterogeneity’’ remains as 

proposed. 

One commenter suggested modifying 

the definition of ‘‘production allocation 

methodology’’ to make it clear that all 

production from a participating area 

would be allocated to committed tracts 

forming the participating area. We agree 

that the suggested modification provides 

added clarity and in the final rule 

revised the definition based on this 

comment. 

The commenter also suggested 

changing the definition for ‘‘variation in 

reservoir producibility’’ by deleting the 

sentence, ‘‘This can be dependent on 

where the well penetrates the 

reservoir’’, and replacing it with ‘‘These 

differences can result from variations in 

the thickness of the reservoir, porosity, 

and the amount of connected pore 

space.’’ We accept the comment and 


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