83 FR 3075 - Repeal of Regulatory Amendment and Restoration of Former Regulatory Language Governing Service of Official Correspondence

DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue

Federal Register Volume 83, Issue 15 (January 23, 2018)

The Office of Natural Resources Revenue (ONRR) is publishing this rule to repeal a 2013 direct final rule and restore the former regulatory language governing service of official correspondence.

[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)]
[Rules and Regulations]
[Pages 3075-3077]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01068]


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DEPARTMENT OF THE INTERIOR

Office of Natural Resources Revenue

30 CFR Part 1218

[Docket No. ONRR-2016-0003; DS63644000 DR2PS0000.CH7000 178D0102R2]
RIN 1012-AA22


Repeal of Regulatory Amendment and Restoration of Former 
Regulatory Language Governing Service of Official Correspondence

AGENCY: Office of the Secretary, Office of Natural Resources Revenue, 
Interior.

ACTION: Final rule.

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SUMMARY: The Office of Natural Resources Revenue (ONRR) is publishing 
this rule to repeal a 2013 direct final rule and restore the former 
regulatory language governing service of official correspondence.

DATES: This rule is effective January 23, 2018.

FOR FURTHER INFORMATION CONTACT: For questions on procedural issues, 
contact Luis Aguilar, Regulatory Specialist, at (303) 231-3418 or by 
email to [email protected]. For questions on technical issues, 
contact Bonnie Robson, Program Manager, Appeals & Regulations, by email 
to [email protected].


SUPPLEMENTARY INFORMATION:

I. Background
II. Explanation of Amendments
III. Procedural Matters

I. Background

    ONRR's ``official correspondence'' includes significant documents 
we send to industry, such as invoices, notices of audit, orders, and 
notices of enforcement. Historically, Department of the Interior 
(Department) regulations authorized ONRR to serve official 
correspondence by conventional means--U.S. mail, personal delivery, or 
private mailing service, such as FedEx or U.P.S. On August 23, 2013, 
ONRR published in the Federal Register a direct final rule amending its 
regulations on service of official correspondence (78 FR 52431). The 
2013 direct final rule augmented the authorized methods of service to 
include electronic service, as long as the electronic service was 
secure and provided for a receipt.
    The 2013 direct final rule provided for a 30-day public comment 
period. In the 2013 direct final rule, we stated that if we received 
significant adverse comment during that period, we would withdraw the 
rule. During the public comment period, we received significant adverse 
comments. We attempted to withdraw the 2013 direct final rule before it 
went into effect on October 22, but had insufficient time to do so due 
to the October 2013 government shutdown. Because the rule should have 
been withdrawn, we consider the rule legally defective, and we have not 
enforced it. We would withdraw the 2013 direct final rule now, but the 
time limit for withdrawal has expired. Instead, we are publishing this 
rule to repeal the defective 2013 direct final rule and restore the 
former regulatory language governing service of official 
correspondence.
    Because this rule makes no changes to the legal obligations or 
rights of non-governmental entities, the Department finds that good 
cause exists under 5 U.S.C. 553(d)(3) to make this rule effective 
immediately upon publication in the Federal Register rather than 30 
days after publication.
    This is a final rulemaking with no request for comments. Under 
section 553(b), ONRR generally publishes a rule in a proposed form and 
solicits public comment on it before issuing the final rule. However, 
section 553(b)(3)(B) provides an exception to the public comment 
requirement if the agency finds good cause to omit advance notice and 
public participation. Good cause is shown when public comment is 
``impracticable, unnecessary, or contrary to the public interest.'' We 
find that in this case, because we are simply restoring the former 
noncontroversial regulatory language, public comment is unnecessary.

II. Explanation of Amendments

    This rule repeals the direct final rule (78 FR 52431) and restores 
the former regulatory language governing service of official 
correspondence in sections 1218.540(a) and (d) of title 30 of the Code 
of Federal Regulations (CFR). This rule removes the language that 
currently appears in section 1218.540(a) allowing ONRR to serve 
official correspondence using any electronic method of delivery that 
provides for a receipt of delivery, or, if there is no receipt, the 
date of delivery otherwise documented. This rule also removes mention 
of electronic service from section 1218.540(d), which pertains to 
constructive service. This rule does not make any substantive changes 
to the regulations or requirements in section 1218.540(a) or (d). It 
simply restores the original procedures for ONRR's service of official 
correspondence--removing the amendments made in the previously 
published direct final rule.

[[Page 3076]]

III. Procedural Matters

1. Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order (E.O.) 12866 provides that the Office of 
Information and Regulatory Affairs (OIRA) in OMB will review all 
significant rules. OIRA has determined that this rule is not 
significant. Also, this rule is not an E.O. 13771 regulatory action 
because this rule is not significant under E.O. 12866.
    Executive Order 13563 reaffirms the principles of E.O. 12866, while 
calling for improvements in the Nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
Executive Order 13563 directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public, where these approaches are relevant, feasible, 
and consistent with regulatory objectives. Executive Order 13563 
emphasizes further that regulations must be based on the best available 
science and that the rulemaking process must allow for public 
participation and an open exchange of ideas. We developed this rule in 
a manner consistent with these requirements.

2. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) requires an agency to prepare 
a regulatory flexibility analysis for all rules unless the agency 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities. The RFA applies only to rules 
for which an agency is required to first publish a proposed rule. See 5 
U.S.C. 603(a) and 604(a). This rule will impact large and small 
entities but will not have a significant economic effect on either 
because this is a technical rule restoring the original service of 
official correspondence regulation language. Thus, the RFA does not 
apply to this rulemaking.

3. Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million or 
more.
    b. Will not cause a major increase in costs or prices for 
consumers; individual industries; Federal, State, local government 
agencies; or geographic regions.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
United States-based enterprises to compete with foreign-based 
enterprises.
    This is only a technical rule restoring the original service of 
official correspondence regulation language.

4. Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
Tribal governments or the private sector of more than $100 million per 
year. This rule does not have a significant or unique effect on State, 
local, or Tribal governments or the private sector. Therefore, we are 
not required to provide a statement containing the information that the 
Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) requires because 
this is a technical rule.

5. Takings (E.O. 12630)

    Under the criteria in section 2 of E.O. 12630, this rule does not 
have any significant takings implications. This rule will not impose 
conditions or limitations on the use of any private property. 
Therefore, this rule does not require a takings implication assessment.

6. Federalism (E.O. 13132)

    Under the criteria in section 1 of E.O. 13132, this rule does not 
have sufficient Federalism implications to warrant the preparation of a 
Federalism summary impact statement. Therefore, as a technical rule, it 
does not require a Federalism summary impact statement.

7. Civil Justice Reform (E.O. 12988)

    This rule complies with the requirements of E.O. 12988. 
Specifically, this rule:
    a. Meets the criteria of section 3(a), which requires that we 
review all regulations to eliminate errors and ambiguity and to write 
them to minimize litigation.
    b. Meets the criteria of section 3(b)(2), which requires that we 
write all regulations in clear language using clear legal standards.

8. Consultation With Indian Tribal Governments (E.O. 13175)

    The Department strives to strengthen its government-to-government 
relationship with the Indian Tribes through a commitment to 
consultation with the Indian Tribes and recognition of their right to 
self-governance and Tribal sovereignty. Under the Department's 
consultation policy and the criteria in E.O. 13175, we evaluated this 
technical rule and determined that it will have no substantial direct 
effects on Federally-recognized Indian Tribes and does not require 
consultation.

9. Paperwork Reduction Act

    This rule:
    (a) Does not contain any new information collection requirements.
    (b) Does not require a submission to OMB under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). See 5 CFR 1320.4(a)(2).

10. National Environmental Policy Act of 1969 (NEPA)

    This rule does not constitute a major Federal action, significantly 
affecting the quality of the human environment. We are not required to 
provide a detailed statement under NEPA because this rule qualifies for 
categorical exclusion under 43 CFR 46.210(i) in that this rule is ``. . 
. of an administrative, financial, legal, technical, or procedural 
nature. . . .'' We also have determined that this rule is not involved 
in any of the extraordinary circumstances listed in 43 CFR 46.215 that 
would require further analysis under NEPA. The procedural changes 
resulting from these amendments have no consequences with respect to 
the physical environment. This rule will not alter in any material way 
natural resource exploration, production, or transportation.

11. Effects on the Energy Supply (E.O. 13211)

    This rule is not a significant energy action under the definition 
in E.O. 13211 and, therefore, does not require a Statement of Energy 
Effects.

List of Subjects in 30 CFR Part 1218

    Continental shelf, Electronic funds transfers, Geothermal energy, 
Indians--lands, Mineral royalties, Oil and gas exploration, Public 
lands--mineral resources, Reporting and recordkeeping requirements, 
Service of official correspondence.

Gregory J. Gould,
Director for Office of Natural Resources Revenue.

Authority and Issuance

    For the reasons discussed in the preamble, ONRR amends 30 CFR part 
1218 as set forth below:

PART 1218--COLLECTION OF ROYALTIES, RENTALS, BONUSES, AND OTHER 
MONIES DUE THE FEDERAL GOVERNMENT

0
1. The authority citation for part 1218 continues to read as follows:


[[Page 3077]]


    Authority:  5 U.S.C. 301 et seq., 25 U.S.C. 396 et seq., 396a et 
seq., 2101 et seq.; 30 U.S.C. 181 et seq., 351 et seq., 1001 et 
seq., 1701 et seq.; 31 U.S.C. 3335, 3711, 3716-18, 3720A, 9701; 43 
U.S.C. 1301 et seq., 1331 et seq., and 1801 et seq.

0
2. Amend Sec.  1218.540 by:
0
a. Revising paragraphs (a)(2) and (3);
0
b. Removing paragraph (a)(4); and
0
c. Revising paragraph (d).
    The revisions read as follows:


Sec.  1218.540  How does ONRR serve official correspondence?

* * * * *
    (a) * * *
    (2) Personal delivery made pursuant to the law of the State in 
which the service is effected; or
    (3) Private mailing service (such as the United Parcel Service or 
Federal Express), with signature and date upon delivery acknowledging 
the addressee of record's receipt of the official correspondence 
document.
* * * * *
    (d) Constructive service. If we cannot make delivery to the 
addressee of record after making a reasonable effort, we deem official 
correspondence as constructively served seven days after the date when 
we mail the document. This provision covers situations such as those 
where no delivery occurs because:
    (1) The addressee of record has moved without filing a forwarding 
address;
    (2) The forwarding order has expired;
    (3) Delivery was expressly refused; or
    (4) The document was unclaimed and the attempt to deliver it is 
substantiated by:
    (i) The U.S. Postal Service;
    (ii) A private mailing service, as described in this section; or
    (iii) The person who attempted to make delivery using some other 
method of service.

[FR Doc. 2018-01068 Filed 1-22-18; 8:45 am]
 BILLING CODE 4335-30-P