Repeal of Regulatory Amendment and Restoration of Former Regulatory Language Governing Service of Official Correspondence, 3075-3077 [2018-01068]
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Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Rules and Regulations
U.S.C. 823(g)(2)(G)(ii)), or during the
period beginning on July 22, 2016 and
ending on October 1, 2021, a ‘‘qualifying
other practitioner’’ as defined in section
303(g)(2)(G)(iv) of Act (21 U.S.C.
823(g)(2)(G)(iv)). The Secretary of
Health and Human Services may, by
regulation, revise the requirements for
being a qualifying other practitioner.
(ii) With respect to patients to whom
the practitioner will provide such drugs
or combinations of drugs, the individual
practitioner has the capacity to provide
directly, by referral, or in such other
manner as determined by the Secretary
of Health and Human Services:
(A) All drugs approved by the Food
and Drug Administration for the
treatment of opioid use disorder,
including for maintenance,
detoxification, overdose reversal, and
relapse prevention; and
(B) Appropriate counseling and other
appropriate ancillary services.
(iii)(A) The total number of patients to
whom the individual practitioner will
provide narcotic drugs or combinations
of narcotic drugs under this section at
any one time will not exceed the
applicable number. Except as provided
in paragraphs (b)(1)(iii)(B) and (C) of
this section, the applicable number is
30.
(B) The applicable number is 100 if,
not sooner than 1 year after the date on
which the practitioner submitted the
initial notification, the practitioner
submits a second notification to the
Secretary of Health and Human Services
of the need and intent of the practitioner
to treat up to 100 patients.
(C) The applicable number is 275 for
a practitioner who has been approved
by the Secretary of Health and Human
Services under 42 CFR part 8 to treat up
to 275 patients at any one time, and
provided further that the practitioner
has renewed such approval to the extent
such renewal is required under this part
of the HHS regulations.
*
*
*
*
*
Dated: January 18, 2018.
Robert W. Patterson,
Acting Administrator.
[FR Doc. 2018–01173 Filed 1–22–18; 8:45 am]
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BILLING CODE 4410–09–P
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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
Office of the Secretary, Office
of Natural Resources Revenue, Interior.
ACTION: Final rule.
AGENCY:
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.
SUMMARY:
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
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3075
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 nongovernmental 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.
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Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Rules and Regulations
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.
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.
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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.
15:56 Jan 22, 2018
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)
2. Regulatory Flexibility Act
VerDate Sep<11>2014
c. Does not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of United States-based
enterprises to compete with foreignbased enterprises.
This is only a technical rule restoring
the original service of official
correspondence regulation language.
Jkt 244001
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
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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
1. The authority citation for part 1218
continues to read as follows:
■
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Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Rules and Regulations
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.
■
■
■
■
2. Amend § 1218.540 by:
a. Revising paragraphs (a)(2) and (3);
b. Removing paragraph (a)(4); and
c. Revising paragraph (d).
The revisions read as follows:
§ 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
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 269
[Docket ID: DOD–2016–OS–0045]
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RIN 0790–AK09
Civil Monetary Penalty Inflation
Adjustment
Under Secretary of Defense
(Comptroller), Department of Defense.
ACTION: Final rule.
AGENCY:
The Department of Defense is
issuing this final rule to adjust each of
SUMMARY:
VerDate Sep<11>2014
15:56 Jan 22, 2018
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its statutory civil monetary penalties
(CMP) to account for inflation. The
Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by
the Debt Collection Improvement Act of
1996 and the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015 (the 2015 Act), requires the
head of each agency to adjust for
inflation its CMP levels in effect as of
November 2, 2015, under a revised
methodology that was effective for 2016
and for each year thereafter.
DATES: This rule is effective January 23,
2018 and is applicable beginning on
January 12, 2018.
FOR FURTHER INFORMATION CONTACT:
Brian Banal, 703–571–1652.
SUPPLEMENTARY INFORMATION:
Background Information
The Federal Civil Penalties Inflation
Adjustment Act of 1990, Public Law
101–410, 104 Stat. 890 (28 U.S.C. 2461,
note), as amended by the Debt
Collection Improvement Act of 1996,
Public Law 104–134, April 26, 1996,
and further amended by the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (the 2015
Act), Public Law 114–74, November 2,
2015, required agencies to annually
adjust the level of CMPs for inflation to
improve their effectiveness and
maintain their deterrent effect. The 2015
Act required that not later than July 1,
2016, and not later than January 15 of
every year thereafter, the head of each
agency must adjust each CMP within its
jurisdiction by the inflation adjustment
described in the 2015 Act. The inflation
adjustment is determined by increasing
the maximum CMP or the range of
minimum and maximum CMPs, as
applicable, for each CMP by the cost-ofliving adjustment, rounded to the
nearest multiple of $1. The cost-ofliving adjustment is the percentage (if
any) for each CMP by which the
Consumer Price Index (CPI) for the
month of October preceding the date of
the adjustment (January 15), exceeds the
CPI for the month of October in the
previous calendar year.
The initial catch up adjustments for
inflation to the Department of Defense’s
CMPs were published as an interim
final rule in the Federal Register on
May 26, 2016 (81 FR 33389–33391) and
became effective on that date. The
interim final rule was published as a
final rule without change on September
12, 2016 (81 FR 62629–62631), effective
that date. The revised methodology for
agencies for 2018 and each year
thereafter provides for the improvement
of the effectiveness of CMPs and to
maintain their deterrent effect. Effective
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3077
2018, agencies’ annual adjustments for
inflation to CMPs shall take effect not
later than January 15. The Department
of Defense is adjusting the level of all
civil monetary penalties under its
jurisdiction by the Office of
Management and Budget (OMB)
directed cost-of-living adjustment
multiplier for 2018 of 1.02041
prescribed in OMB Memorandum M–
18–03, ‘‘Implementation of Penalty
Inflation Adjustments for 2018,
pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015,’’ dated December 15, 2017.
The Department of Defense’s 2018
adjustments for inflation to CMPs apply
only to those CMPs, including those
whose associated violation predated
such adjustment, which are assessed by
the Department of Defense after the
effective date of the new CMP level.
Statement of Authority and Costs and
Benefits
Pursuant to 5 U.S.C. 553(b)B, there is
good cause to issue this rule without
prior public notice or opportunity for
public comment because it would be
impracticable and unnecessary. The
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Section 701(b)) requires agencies,
effective 2017, to make annual
adjustments for inflation to CMPs
notwithstanding section 553 of title 5,
United States Code. Additionally, the
methodology used, effective 2017, for
adjusting CMPs for inflation is
established in statute, with no
discretion provided to agencies
regarding the substance of the
adjustments for inflation to CMPs. The
Department of Defense is charged only
with performing ministerial
computations to determine the dollar
amount of adjustments for inflation to
CMPs.
Further, there are no significant costs
associated with the regulatory revisions
that would impose any mandates on the
Department of Defense, Federal, State or
local governments, or the private sector.
Accordingly, prior public notice and an
opportunity for public comment are not
required for this rule. The benefit of this
rule is the Department of Defense
anticipates that civil monetary penalty
collections may increase in the future
due to new penalty authorities and
other changes in this rule. However, it
is difficult to accurately predict the
extent of any increase, if any, due to a
variety of factors, such as budget and
staff resources, the number and quality
of civil penalty referrals or leads, and
the length of time needed to investigate
and resolve a case.
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]]>Agencies
[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)]
[Rules and Regulations]
[Pages 3075-3077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 [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
