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)
Office of Natural Resources Revenue
Federal Register Volume 83, Issue 15 (January 23, 2018)
| Page Range | 3075-3077 | |
| FR Document | 2018-01068 |
[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 luis.aguilar@onrr.gov. For questions on technical issues, contact Bonnie Robson, Program Manager, Appeals & Regulations, by email to bonnie.robson@onrr.gov. 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
![Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Rules and Regulations 3075
U.S.C. 823(g)(2)(G)(ii)), or during the DEPARTMENT OF THE INTERIOR significant adverse comments. We
period beginning on July 22, 2016 and attempted to withdraw the 2013 direct
ending on October 1, 2021, a ‘‘qualifying Office of Natural Resources Revenue final rule before it went into effect on
other practitioner’’ as defined in section October 22, but had insufficient time to
303(g)(2)(G)(iv) of Act (21 U.S.C. 30 CFR Part 1218 do so due to the October 2013
823(g)(2)(G)(iv)). The Secretary of [Docket No. ONRR–2016–0003; DS63644000 government shutdown. Because the rule
Health and Human Services may, by DR2PS0000.CH7000 178D0102R2] should have been withdrawn, we
regulation, revise the requirements for consider the rule legally defective, and
RIN 1012–AA22 we have not enforced it. We would
being a qualifying other practitioner.
Repeal of Regulatory Amendment and withdraw the 2013 direct final rule now,
(ii) With respect to patients to whom
Restoration of Former Regulatory but the time limit for withdrawal has
the practitioner will provide such drugs expired. Instead, we are publishing this
or combinations of drugs, the individual Language Governing Service of
Official Correspondence rule to repeal the defective 2013 direct
practitioner has the capacity to provide final rule and restore the former
directly, by referral, or in such other AGENCY: Office of the Secretary, Office regulatory language governing service of
manner as determined by the Secretary of Natural Resources Revenue, Interior. official correspondence.
of Health and Human Services: ACTION: Final rule. Because this rule makes no changes to
(A) All drugs approved by the Food the legal obligations or rights of non-
and Drug Administration for the SUMMARY: The Office of Natural
Resources Revenue (ONRR) is governmental entities, the Department
treatment of opioid use disorder, finds that good cause exists under 5
publishing this rule to repeal a 2013
including for maintenance, U.S.C. 553(d)(3) to make this rule
direct final rule and restore the former
detoxification, overdose reversal, and effective immediately upon publication
regulatory language governing service of
relapse prevention; and official correspondence. in the Federal Register rather than 30
(B) Appropriate counseling and other days after publication.
DATES: This rule is effective January 23,
appropriate ancillary services. 2018. This is a final rulemaking with no
(iii)(A) The total number of patients to FOR FURTHER INFORMATION CONTACT: For request for comments. Under section
whom the individual practitioner will questions on procedural issues, contact 553(b), ONRR generally publishes a rule
provide narcotic drugs or combinations Luis Aguilar, Regulatory Specialist, at in a proposed form and solicits public
of narcotic drugs under this section at (303) 231–3418 or by email to comment on it before issuing the final
any one time will not exceed the luis.aguilar@onrr.gov. For questions on rule. However, section 553(b)(3)(B)
applicable number. Except as provided technical issues, contact Bonnie Robson, provides an exception to the public
in paragraphs (b)(1)(iii)(B) and (C) of Program Manager, Appeals & comment requirement if the agency
Regulations, by email to bonnie.robson@ finds good cause to omit advance notice
this section, the applicable number is
onrr.gov. and public participation. Good cause is
30.
shown when public comment is
(B) The applicable number is 100 if, SUPPLEMENTARY INFORMATION:
‘‘impracticable, unnecessary, or contrary
not sooner than 1 year after the date on I. Background to the public interest.’’ We find that in
which the practitioner submitted the II. Explanation of Amendments this case, because we are simply
III. Procedural Matters
initial notification, the practitioner restoring the former noncontroversial
submits a second notification to the I. Background regulatory language, public comment is
Secretary of Health and Human Services ONRR’s ‘‘official correspondence’’ unnecessary.
of the need and intent of the practitioner includes significant documents we send II. Explanation of Amendments
to treat up to 100 patients. to industry, such as invoices, notices of
(C) The applicable number is 275 for audit, orders, and notices of This rule repeals the direct final rule
a practitioner who has been approved enforcement. Historically, Department (78 FR 52431) and restores the former
by the Secretary of Health and Human of the Interior (Department) regulations regulatory language governing service of
Services under 42 CFR part 8 to treat up authorized ONRR to serve official official correspondence in sections
to 275 patients at any one time, and correspondence by conventional 1218.540(a) and (d) of title 30 of the
provided further that the practitioner means—U.S. mail, personal delivery, or Code of Federal Regulations (CFR). This
has renewed such approval to the extent private mailing service, such as FedEx rule removes the language that currently
such renewal is required under this part or U.P.S. On August 23, 2013, ONRR appears in section 1218.540(a) allowing
published in the Federal Register a ONRR to serve official correspondence
of the HHS regulations.
direct final rule amending its using any electronic method of delivery
* * * * * regulations on service of official that provides for a receipt of delivery,
Dated: January 18, 2018. correspondence (78 FR 52431). The or, if there is no receipt, the date of
Robert W. Patterson, 2013 direct final rule augmented the delivery otherwise documented. This
authorized methods of service to rule also removes mention of electronic
Acting Administrator.
include electronic service, as long as the service from section 1218.540(d), which
[FR Doc. 2018–01173 Filed 1–22–18; 8:45 am]
electronic service was secure and pertains to constructive service. This
BILLING CODE 4410–09–P rule does not make any substantive
provided for a receipt.
sradovich on DSK3GMQ082PROD with RULES
The 2013 direct final rule provided changes to the regulations or
for a 30-day public comment period. In requirements in section 1218.540(a) or
the 2013 direct final rule, we stated that (d). It simply restores the original
if we received significant adverse procedures for ONRR’s service of
comment during that period, we would official correspondence—removing the
withdraw the rule. During the public amendments made in the previously
comment period, we received published direct final rule.
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![Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Rules and Regulations 3077
Authority: 5 U.S.C. 301 et seq., 25 U.S.C. its statutory civil monetary penalties 2018, agencies’ annual adjustments for
396 et seq., 396a et seq., 2101 et seq.; 30 (CMP) to account for inflation. The inflation to CMPs shall take effect not
U.S.C. 181 et seq., 351 et seq., 1001 et seq., Federal Civil Penalties Inflation later than January 15. The Department
1701 et seq.; 31 U.S.C. 3335, 3711, 3716–18, Adjustment Act of 1990, as amended by of Defense is adjusting the level of all
3720A, 9701; 43 U.S.C. 1301 et seq., 1331 et
seq., and 1801 et seq.
the Debt Collection Improvement Act of civil monetary penalties under its
1996 and the Federal Civil Penalties jurisdiction by the Office of
■ 2. Amend § 1218.540 by: Inflation Adjustment Act Improvements Management and Budget (OMB)
■ a. Revising paragraphs (a)(2) and (3); Act of 2015 (the 2015 Act), requires the directed cost-of-living adjustment
■ b. Removing paragraph (a)(4); and head of each agency to adjust for multiplier for 2018 of 1.02041
■ c. Revising paragraph (d). inflation its CMP levels in effect as of prescribed in OMB Memorandum M–
The revisions read as follows: November 2, 2015, under a revised 18–03, ‘‘Implementation of Penalty
§ 1218.540 How does ONRR serve official methodology that was effective for 2016 Inflation Adjustments for 2018,
correspondence? and for each year thereafter. pursuant to the Federal Civil Penalties
* * * * * DATES: This rule is effective January 23, Inflation Adjustment Act Improvements
(a) * * * 2018 and is applicable beginning on Act of 2015,’’ dated December 15, 2017.
(2) Personal delivery made pursuant January 12, 2018. The Department of Defense’s 2018
to the law of the State in which the FOR FURTHER INFORMATION CONTACT: adjustments for inflation to CMPs apply
service is effected; or Brian Banal, 703–571–1652. only to those CMPs, including those
(3) Private mailing service (such as SUPPLEMENTARY INFORMATION:
whose associated violation predated
the United Parcel Service or Federal such adjustment, which are assessed by
Express), with signature and date upon Background Information the Department of Defense after the
delivery acknowledging the addressee of The Federal Civil Penalties Inflation effective date of the new CMP level.
record’s receipt of the official Adjustment Act of 1990, Public Law Statement of Authority and Costs and
correspondence document. 101–410, 104 Stat. 890 (28 U.S.C. 2461, Benefits
* * * * * note), as amended by the Debt
Collection Improvement Act of 1996, Pursuant to 5 U.S.C. 553(b)B, there is
(d) Constructive service. If we cannot
Public Law 104–134, April 26, 1996, good cause to issue this rule without
make delivery to the addressee of record
and further amended by the Federal prior public notice or opportunity for
after making a reasonable effort, we
Civil Penalties Inflation Adjustment Act public comment because it would be
deem official correspondence as
Improvements Act of 2015 (the 2015 impracticable and unnecessary. The
constructively served seven days after
Act), Public Law 114–74, November 2, Federal Civil Penalties Inflation
the date when we mail the document.
2015, required agencies to annually Adjustment Act Improvements Act of
This provision covers situations such as
adjust the level of CMPs for inflation to 2015 (Section 701(b)) requires agencies,
those where no delivery occurs because:
improve their effectiveness and effective 2017, to make annual
(1) The addressee of record has moved
maintain their deterrent effect. The 2015 adjustments for inflation to CMPs
without filing a forwarding address;
Act required that not later than July 1, notwithstanding section 553 of title 5,
(2) The forwarding order has expired;
2016, and not later than January 15 of United States Code. Additionally, the
(3) Delivery was expressly refused; or
every year thereafter, the head of each methodology used, effective 2017, for
(4) The document was unclaimed and
agency must adjust each CMP within its adjusting CMPs for inflation is
the attempt to deliver it is substantiated
jurisdiction by the inflation adjustment established in statute, with no
by:
described in the 2015 Act. The inflation discretion provided to agencies
(i) The U.S. Postal Service;
adjustment is determined by increasing regarding the substance of the
(ii) A private mailing service, as
the maximum CMP or the range of adjustments for inflation to CMPs. The
described in this section; or
minimum and maximum CMPs, as Department of Defense is charged only
(iii) The person who attempted to
applicable, for each CMP by the cost-of- with performing ministerial
make delivery using some other method
living adjustment, rounded to the computations to determine the dollar
of service.
nearest multiple of $1. The cost-of- amount of adjustments for inflation to
[FR Doc. 2018–01068 Filed 1–22–18; 8:45 am] CMPs.
living adjustment is the percentage (if
BILLING CODE 4335–30–P
any) for each CMP by which the Further, there are no significant costs
Consumer Price Index (CPI) for the associated with the regulatory revisions
month of October preceding the date of that would impose any mandates on the
DEPARTMENT OF DEFENSE the adjustment (January 15), exceeds the Department of Defense, Federal, State or
CPI for the month of October in the local governments, or the private sector.
Office of the Secretary Accordingly, prior public notice and an
previous calendar year.
The initial catch up adjustments for opportunity for public comment are not
32 CFR Part 269 inflation to the Department of Defense’s required for this rule. The benefit of this
[Docket ID: DOD–2016–OS–0045] CMPs were published as an interim rule is the Department of Defense
final rule in the Federal Register on anticipates that civil monetary penalty
RIN 0790–AK09 May 26, 2016 (81 FR 33389–33391) and collections may increase in the future
became effective on that date. The due to new penalty authorities and
Civil Monetary Penalty Inflation
interim final rule was published as a other changes in this rule. However, it
Adjustment
sradovich on DSK3GMQ082PROD with RULES
final rule without change on September is difficult to accurately predict the
AGENCY: Under Secretary of Defense 12, 2016 (81 FR 62629–62631), effective extent of any increase, if any, due to a
(Comptroller), Department of Defense. that date. The revised methodology for variety of factors, such as budget and
ACTION: Final rule. agencies for 2018 and each year staff resources, the number and quality
thereafter provides for the improvement of civil penalty referrals or leads, and
SUMMARY: The Department of Defense is of the effectiveness of CMPs and to the length of time needed to investigate
issuing this final rule to adjust each of maintain their deterrent effect. Effective and resolve a case.
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Document Created: 2018-01-23 01:08:28
Document Modified: 2018-01-23 01:08:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective January 23, 2018. | |
| 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] | |
| FR Citation | 83 FR 3075 | |
| RIN Number | 1012-AA22 | |
| CFR Associated | Continental Shelf; Electronic Funds Transfers; Geothermal Energy; Indians-Lands; Mineral Royalties; Oil and Gas Exploration; Public Lands-Mineral Resources; Reporting and Recordkeeping Requirements and Service of Official Correspondence |
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