[Federal Register Volume 78, Number 164 (Friday, August 23, 2013)]
[Rules and Regulations]
[Pages 52431-52433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20634]


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DEPARTMENT OF THE INTERIOR

Office of Natural Resources Revenue

30 CFR Part 1218

[Docket No. ONRR-2013-0001; DS63610300 DR2PS0000.CH7000 134D0102R2]
RIN 1012-AA14


Amendments to ONRR's Service of Official Correspondence

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

ACTION: Direct final rule.

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SUMMARY: This rule will update the Service of Official Correspondence 
regulations in title 30 of the Code of Federal Regulations (CFR) to 
allow 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.

DATES: This rule becomes effective on October 22, 2013 unless adverse 
comment is received by September 23, 2013. If adverse comment is 
received, ONRR will publish a timely withdrawal of the rule in the 
Federal Register.

ADDRESSES: You may submit comments on the rulemaking by any of the 
following methods. Please use the Regulation Identifier Number (RIN) 
``1012-AA14'' as an identifier in your comment. See also Public 
Availability of Comments under Procedural Matters.
     Electronically, go to http://www.regulations.gov. In the 
entry titled ``Enter Keyword or ID,'' enter ``ONRR-2013-0001'' and then 
click ``Search.'' Follow the instructions to submit public comments. 
ONRR will post all comments.
     Mail comments to Armand Southall, Regulatory Specialist, 
ONRR, P.O. Box 25165, MS 61030A, Denver, CO 80225.
     Hand-carry comments, or use an overnight courier service, 
ONRR. Our courier address is Building 85, Room A-614, Denver Federal 
Center, West 6th Ave. and Kipling St., Denver, Colorado 80225.

FOR FURTHER INFORMATION CONTACT: For questions on technical issues, 
contact Tim Calahan, Supervisor, ONRR, telephone (303) 231-3036, or 
email [email protected] . For a paper copy of this rule, contact 
Armand Southall, Regulatory Specialist, ONRR, telephone (303) 231-3221; 
or email [email protected]. The authors of this direct final 
rule are Sarah Inderbitzin and Timothy Calahan.

SUPPLEMENTARY INFORMATION: 

I. Background

    On August 31, 2006, the Mineral Management Service (MMS) 
established 30 CFR part 218, subpart H--Service of Official 
Correspondence. 71 FR 51749 (August 31, 2006). On September 30, 2010, 
by Secretarial Order No. 3306, the Secretary of the Department of the 
Interior transferred the royalty management functions of the Minerals 
Revenue Management, former arm of MMS, to the Office of Natural 
Resources Revenue (ONRR). As part of that reorganization, ONRR 
recodified the former 30 CFR part 218, subpart H, of chapter II to a 
new chapter XII in 30 CFR as part 1218, without substantive change. 75 
FR 61051 (Oct. 4, 2010). Section 1218.540(a) deals specifically with 
methods of service of official correspondence on companies and 
reporting entities.

II. Explanation of Amendments

    This direct final rule adds a new paragraph (4) to 30 CFR 
1218.540(a) updating the Service of Official Correspondence regulations 
to allow ONRR to serve official correspondence using any electronic 
method of delivery

[[Page 52432]]

that provides for a receipt of delivery, or, if there is no receipt, 
the date of delivery otherwise documented. ONRR will use electronic 
methods, such as ``MessageWay,'' that assure the information 
transmitted is encrypted and secure. ONRR also will make a necessary 
corresponding change to 30 CFR 1218.540(d) regarding constructive 
service.
    ONRR does not make any substantive changes in this direct final 
rule to the regulations or requirements in 30 CFR 1218.540(a) or (d). 
It simply updates procedures for ONRR's service of official 
correspondence and revises existing ONRR procedures to conform to those 
changes. We also merely make any necessary corresponding technical 
corrections. ONRR already has the email addresses of the employees and 
agents designated as points of contact by each company and reporting 
entity from Forms ONRR-4444, so this regulation can be implemented 
quickly and with minimal effort. The greater speed and ease with which 
official correspondence can be sent electronically, coupled with the 
reduced cost of postage, means that this rule will increase efficiency.
    This is a direct final rulemaking with request for comments. We 
have provided a 30-day comment period for this direct final rule. We 
believe that 30 days is sufficient time for comments because this 
rulemaking is noncontroversial. If we receive no significant adverse 
comment during the 30-day comment period, this rule will go into effect 
30 days after the end of the comment period. However, if ONRR receives 
a significant adverse comment, we will withdraw the rule by publishing 
a notice of withdrawal in the Federal Register within 30 days after the 
public comment period closes and will publish a notice of proposed 
rulemaking. A significant adverse comment is a comment where the 
commenter explains why the rule would be inappropriate, including 
challenges to the rule's underlying premise or approach or would be 
ineffective and unacceptable without a change.

III. Procedural Matters

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order (E.O.) 12866 provides that the Office of 
Information and Regulatory Affairs (OIRA) will review all significant 
rules. OIRA has determined that this rule is not significant.
    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. 
E.O. 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. E.O. 13563 emphasizes further that agencies 
must base regulations on the best available science and that the 
rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.

Regulatory Flexibility Act

    DOI certifies that this direct final rule does not have a 
significant economic effect on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This 
direct final rule will impact large and small entities but will not 
have a significant economic effect on either because this is a 
technical rule updating the Service of Official Correspondence 
regulations to allow for service 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.

Small Business Regulatory Enforcement Fairness Act

    This direct final rule is not a major rule under 5 U.S.C. 804(2), 
the Small Business Regulatory Enforcement Fairness Act. This direct 
final 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, or local government 
agencies, or geographic regions.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.
    This is only a technical rule updating the Service of Official 
Correspondence regulations to allow for service 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.

Unfunded Mandates Reform Act

    This direct final 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 direct final rule does not have a 
significant or unique effect on State, local, or tribal governments, or 
the private sector. 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 updating 
the Service of Official Correspondence regulations to allow for service 
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.

Takings (E.O. 12630)

    Under the criteria in section 2 of Executive Order 12630, this 
direct final rule does not have any significant takings implications. 
This direct final rule applies to Outer Continental Shelf (OCS), 
Federal onshore, and Indian onshore leases. It does not apply to 
private property. This direct final rule does not require a Takings 
Implication Assessment.

Federalism (E.O. 13132)

    Under the criteria in section 1 of Executive Order 13132, this 
direct final rule does not have sufficient federalism implications to 
warrant the preparation of a Federalism summary impact statement. This 
is a technical rule updating the Service of Official Correspondence 
regulations to allow for service 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.

Civil Justice Reform (E.O. 12988)

    This direct final rule complies with the requirements of E. O. 
12988, for the reasons outlined in the following paragraphs.
    a. This rule meets the criteria of section 3(a), which requires 
that we review all regulations to eliminate errors and ambiguity and 
write them to minimize litigation.
    b. This rule meets the criteria of section 3(b)(2), which requires 
that we write all regulations in clear language with clear legal 
standards.

Consultation With Indian Tribes (E.O. 13175 and Department Policy)

    DOI strives to strengthen its government-to-government relationship 
with Indian Tribes through a commitment to consultation with Indian 
Tribes and recognition of their right to self-governance and tribal 
sovereignty. Under DOI's consultation policy and the criteria in E.O. 
13175, we have evaluated this direct final rule and determined that it 
has no substantial direct effects on federally recognized Indian 
tribes. Therefore, we are not

[[Page 52433]]

required to complete a consultation under DOI's tribal consultation 
policy.

Paperwork Reduction Act

    This direct final rule does not contain any information collection 
requirements, and does not require a submission to OIRA under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

National Environmental Policy Act

    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 the National Environmental Policy 
Act of 1969 (NEPA) because this rule qualifies for categorical 
exclusion under 43 CFR 46.210(i) and the DOI Departmental Manual, part 
516, section 15.4.D: ``(i) Policies, directives, regulations, and 
guidelines: That are of an administrative, financial, legal, technical, 
or procedural nature.'' We have also 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.

Information Quality Act

    In accordance with the Information Quality Act, DOI has issued 
guidance regarding the quality of information that it relies on for 
regulatory decisions. This guidance is available on DOI's Web site at 
http://www.doi.gov/ocio/information_management/iq.cfm.

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

    This direct final 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.

    Dated: August 15, 2013.
Rhea Suh,
Assistant Secretary, Policy, Management and Budget.

Authority and Issuance

    For the reasons discussed in the preamble, under the authority 
provided by the Reorganization Plan No. 3 of 1950 (64 Stat. 1262) and 
Secretarial Order No. 3306, ONRR amends part 1218 of title 30 CFR, 
chapter XII, subchapter A, as follows:

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:

    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; 43 U.S.C. 1301 et seq., 1331 et 
seq., and 1801 et seq.

0
2. Amend Sec.  1218.540 to revise paragraphs (a) and (d) to read as 
follows:


Sec.  1218.540  How does ONRR serve official correspondence?

* * * * *
    (a) Method of service. ONRR will serve all official correspondence 
to the addressee of record by one of the following methods:
    (1) U.S. Postal Service mail;
    (2) Personal delivery made pursuant to the law of the State in 
which the service is effected;
    (3) Private mailing service (e.g., United Parcel Service, or 
Federal Express), with signature and date upon delivery, acknowledging 
the addressee of record's receipt of the official correspondence 
document; or
    (4) Any electronic method of delivery that keeps information secure 
and provides for a receipt of delivery or, if there is no receipt, the 
date of delivery otherwise documented.
* * * * *
    (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 7 days after the date that we 
mail or electronically transmit 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 or updating its Form ONRR-4444 as required under paragraph (b) 
of this section;
    (2) The forwarding order has expired;
    (3) The addressee of record has changed its email address without 
updating its Form ONRR-4444 as required under paragraph (b) of this 
section;
    (4) Delivery was expressly refused; or
    (5) The document was unclaimed and the attempt to deliver is 
substantiated by either:
    (i) The U.S. Postal Service;
    (ii) A private mailing service, as described in this section;
    (iii) The person who attempted to make delivery using some other 
method of service; or
    (iv) A receipt or other documentation that ONRR attempted 
electronic service.
[FR Doc. 2013-20634 Filed 8-22-13; 8:45 am]
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