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 

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] 

BILLING CODE 4410–09–P 

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 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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3076 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. 

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 foreignbased 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 

■ 1. The authority citation for part 1218 

continues to read as follows: 


sradovich on DSK3GMQ082PROD with RULES
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. 

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] 

RIN 0790–AK09 

Civil Monetary Penalty Inflation 

Adjustment 

AGENCY: Under Secretary of Defense 

(Comptroller), Department of Defense. 

ACTION: Final rule. 

SUMMARY: The Department of Defense is 

issuing this final rule to adjust each of 

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 

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. 


sradovich on DSK3GMQ082PROD with RULES