[Federal Register Volume 77, Number 85 (Wednesday, May 2, 2012)]
[Rules and Regulations]
[Pages 25877-25881]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10360]


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DEPARTMENT OF THE INTERIOR

Office of Natural Resources Revenue

30 CFR Parts 1210 and 1218

[Docket No. ONRR-2011-0023]
RIN 1012-AA10


Amendments to ONRR's Web Site and Mailing Addresses and Payment 
Definitions

AGENCY: Office of Natural Resources Revenue, Interior.

ACTION: Final rule.

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SUMMARY: On May 19, 2010, the Secretary of the Interior separated and 
reassigned responsibilities previously performed by the former Minerals 
Management Service (MMS) to three separate organizations. As part of 
this reorganization, on October 1, 2010, the Secretary established the 
Office of Natural Resources Revenue (ONRR) within the Office of the 
Assistant Secretary--Policy, Management and Budget (PMB). At the same 
time, ONRR reorganized its regulations from chapter II of title 30 of 
the Code of Federal Regulations (CFR) to chapter XII. This final rule 
amends Web site and mailing addresses and payment definitions listed in 
30 CFR chapter XII.

DATES: This rule is effective on May 2, 2012.

FOR FURTHER INFORMATION CONTACT: For questions on technical issues, 
contact Barbara Fletcher, Minerals Revenue Specialist, ONRR, telephone 
(303) 231-3605; or email barbara.fletcher@onrr.gov. For questions on 
procedural issues, contact Armand Southall, Regulatory Specialist, 
ONRR, telephone (303) 231-3221; or email armand.southall@onrr.gov. You 
may obtain a paper copy of this rule by contacting Mr. Southall by 
phone or email.

SUPPLEMENTARY INFORMATION: 

I. Background

    On May 19, 2010, by Secretarial Order No. 3299, the Secretary of 
the Department of the Interior (Secretary) announced the restructuring 
of MMS. On June 18, 2010, by Secretarial Order No. 3302, the Secretary 
announced the name change of MMS to the Bureau of Ocean Energy 
Management, Regulation, and Enforcement (BOEMRE). By these orders, the 
Secretary separated and reassigned the responsibilities that the former 
MMS previously performed to three separate organizations: The Office of 
Natural Resources Revenue (ONRR); the Bureau of Ocean Energy Management 
(BOEM); and the Bureau of Safety and Environmental Enforcement (BSEE). 
The ONRR is responsible for royalty management functions.

II. Explanation of Amendments

    In this final rule, ONRR merely amends its Web site and mailing 
addresses and payment definitions listed in parts of title 30 CFR, 
chapter XII. This final rule does not make any substantive changes to 
the regulations or requirements in chapter XII. This rule will not have 
any effect on the rights, obligations, or interests of any affected 
parties. Thus, under 5 U.S.C. 553(b)(B), ONRR, for good cause, finds 
that notice and comment on this rule is impracticable, unnecessary and 
contrary to the public interest. Additionally, because this document is 
a ``rule[] of agency organization, procedure or practice'' under 5 
U.S.C. 553(b)(A), this document is, in any event, exempt from the 
notice and comment requirements of 5 U.S.C. 553(b). Lastly, because 
this non-substantive rule makes no changes to the legal obligations or 
rights of any affected parties, and, because it is in the public 
interest for this rule to be effective just as soon as possible, ONRR 
finds that good cause exists under 5

[[Page 25878]]

U.S.C. 553(d)(3) to make this rule effective immediately upon 
publication in the Federal Register rather than 30 days after 
publication.
    As noted, this final rule amends the following 30 CFR parts and the 
related existing subparts:
     Part 1210--Forms and Reports.
     Part 1218--Collection of Royalties, Rentals, Bonuses, and 
Other Monies Due the Federal Government.
    These amendments to the regulations are explained further in the 
following sections:

A. Part 1210--Forms and Reports

    We are revising part 1210, subparts A, B, C, D, E, and H.
    ONRR's Web site and mailing address. The ONRR is amending its Web 
site and mailing addresses due to its reorganization. We also are 
updating these addresses to continually accomplish our mission and 
place the last burden on industry when manually submitting production 
and royalty forms, additional information, etc.

B. Part 1218--Collection of Royalties, Rentals, Bonuses, and Other 
Monies Due the Federal Government

    We are revising part 1218, subparts B and H.
    ONRR's Web site and mailing addresses. We are amending these 
addresses due to our reorganization and in order to accomplish our 
mission and to place the least burden on industry when manually 
submitting production and royalty forms, additional information, etc.
    ONRR's payment definitions. We also are amending these payment 
definitions and adding the definition of Pay.gov to accomplish our 
mission and to place the least burden on industry when paying 
royalties, rentals, bonuses, and other monies due the Federal 
Government.

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) will review all significant 
rules. The Office of Information and Regulatory Affairs 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. 
The executive order 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 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 have developed this rule in a manner consistent 
with these requirements.
2. Regulatory Flexibility Act
    The Department of the Interior certifies that this final rule will 
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 final rule will impact large and small entities but will not have 
a significant economic effect on either because this is a technical 
rule to amend ONRR's Web site and mailing addresses and payment 
definitions listed in title 30 CFR, chapter XII.
3. Small Business Regulatory Enforcement Fairness Act
    This final rule is not a major rule under 5 U.S.C. 804(2), the 
Small Business Regulatory Enforcement Fairness Act. This 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.
4. Unfunded Mandates Reform Act
    This 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 final rule does not have a significant or unique 
effect on State, local, or tribal governments, or the private sector. A 
statement containing the information required by the Unfunded Mandates 
Reform Act (2 U.S.C. 1531 et seq.) is not required.
5. Takings (Executive Order 12630)
    Under the criteria in Executive Order 12630, this final rule does 
not have any significant takings implications. This final rule applies 
to Outer Continental Shelf (OCS) and Federal and Indian onshore leases. 
It does not apply to private property. A takings implication assessment 
is not required.
6. Federalism (Executive Order 13132)
    Under the criteria in Executive Order 13132, this final rule does 
not have sufficient federalism implications that warrant the 
preparation of a Federalism Assessment. This is a technical rule to 
amend ONRR's Web site and mailing addresses and payment definitions 
listed in title 30 CFR, chapter XII. A Federalism Assessment is not 
required.
7. Civil Justice Reform (Executive Order 12988)
    This final rule complies with the requirements of Executive Order 
12988. Specifically, this rule:
    a. Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    b. Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.
8. Consultation With Indian Tribes (Executive Order 13175)
    Under the criteria in Executive Order 13175, we have evaluated this 
final rule and determined that it has no effects on federally 
recognized Indian Tribes.
9. Paperwork Reduction Act
    This final rule does not contain information collection 
requirements, and a submission to OMB is not required under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
10. National Environmental Policy Act
    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 (NEPA) is not 
required because this rule is categorically excluded under: ``(i) 
Policies, directives, regulations, and guidelines: That are of an 
administrative, financial, legal, technical, or procedural nature.'' 
See 43 CFR 46.210(i) and the DOI Departmental Manual, part 516, section 
15.4.D. 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.

[[Page 25879]]

11. Data Quality Act
    In developing this final rule, we did not conduct or use a study, 
experiment, or survey requiring peer review under the Data Quality Act 
(Pub. L. 106-554), also known as the Information Quality Act. The 
Department of the Interior (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/iq.html.
12. Effects on the Energy Supply (Executive Order 13211)
    This final rule is not a significant energy action under the 
definition in Executive Order 13211. A Statement of Energy Effects is 
not required.
13. Clarity of This Regulation
    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must: (a) Be logically 
organized; (b) Use the active voice to address readers directly; (c) 
Use clear language rather than jargon; (d) Be divided into short 
sections and sentences; and (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send your 
remarks to Armand.Southall@onrr.gov. To better help us revise the rule, 
your remarks should be as specific as possible. For example, you should 
tell us the numbers of the sections or paragraphs that are unclearly 
written, which sections or sentences are too long, the sections where 
you feel lists or tables would be useful, etc.

List of Subjects

30 CFR Part 1210

    Continental shelf, Geothermal energy, Government contracts, 
Indians--lands, Mineral royalties, Oil and gas exploration, Public 
lands--mineral resources, Reporting and recordkeeping requirements, 
Sulfur.

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.

    Dated: April 19, 2012.
Amy Holley,
Acting Assistant Secretary for 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 Nos. 3299 and 3302, ONRR amends parts 1210 and 1218 
of title 30 CFR, Chapter XII, subchapter A, as follows:

PART 1210--FORMS AND REPORTS

0
1. The authority citation for 30 CFR part 1210 continues to read as 
follows:

    Authority: 5 U.S.C. 301 et seq.; 25 U.S.C. 396, 2107; 30 U.S.C. 
189, 190, 359, 1023, 1751(a); 31 U.S.C. 3716, 9701; 43 U.S.C. 1334, 
1801 et seq.; and 44 U.S.C. 3506(a).


Sec. Sec.  1210.55, 1210.105, 1210.151, 1210.152, 1210.153, 1210.154, 
1210.155, 1210.156, 1210.157, 1210.158, 1210.201, 1210.205   [Amended]

0
2. In the following table, amend part 1210 in the sections indicated in 
the left column by removing the text in the center column and adding in 
its place the text in the right column.

------------------------------------------------------------------------
                                 By removing the      And adding in its
            Amend                 reference to:            place:
------------------------------------------------------------------------
Sec.   1210.55(b)(1)........  P.O. Box 5810,        P.O. Box 25627,
                               Denver, Colorado      Denver, CO 80225-
                               80217-5810.           0627.
Sec.   1210.105(b)(1).......  P.O. Box 17110,       P.O. Box 25627,
                               Denver, Colorado      Denver, CO 80225-
                               80217-0110.           0627.
Sec.   1210.151(c)(2).......  P.O. Box 25165, MS    P.O. Box 25165,
                               392B2, Denver,        Denver, CO 80225-
                               Colorado 80217-0165.  0165.
Sec.   1210.152(c)(1).......  P.O. Box 25165, MS    P.O. Box 25165,
                               396B2, Denver,        Denver, CO 80225-
                               Colorado 80217-0165.  0165.
Sec.   1210.153(c)(1).......  P.O. Box 25165, MS    P.O. Box 25165,
                               396B2, Denver,        Denver, CO 80225-
                               Colorado 80217-0165.  0165.
Sec.   1210.154(c)(1).......  P.O. Box 25165, MS    P.O. Box 25165,
                               392B2, Denver,        Denver, CO 80225-
                               Colorado 80217-0165.  0165.
Sec.   1210.155(b)(2)(i)....  P.O. Box 25165, MS    P.O. Box 25165,
                               392B2, Denver,        Denver, CO 80225-
                               Colorado 80217-0165.  0165.
Sec.   1210.156(c)(1).......  P.O. Box 25165, MS    P.O. Box 25165,
                               382B2, Denver,        Denver, CO 80225-
                               Colorado 80217-0165.  0165.
Sec.   1210.157(c)(1).......  P.O. Box 25165, MS    P.O. Box 25165,
                               64220, Denver,        Denver, CO 80225-
                               Colorado 80217-0165.  0165.
Sec.   1210.158(c)(1).......  P.O. Box 25165, MS    P.O. Box 25165,
                               357B1, Denver,        Denver, CO 80225-
                               Colorado 80217-0165.  0165.
Sec.   1210.201(c)(3)(i)....  P.O. Box 5810,        P.O. Box 25627,
                               Denver, Colorado      Denver, CO 80225-
                               80217-5810.           0627.
Sec.   1210.205(c)(1).......  P.O. Box 25165, MS    P.O. Box 25165,
                               390B2, Denver,        Denver, CO 80225-
                               Colorado 80217-0165.  0165.
------------------------------------------------------------------------


0
3. Amend Sec.  1210.54 by revising paragraph (b) to read as follows:


Sec.  1210.54  Must I submit this royalty report electronically?

* * * * *
    (b) As of December 31, 2011, all reporters/payors must report to 
ONRR electronically via the eCommerce Reporting Web site. All 
reporters/payors also must report royalty data directly or upload files 
using the ONRR electronic web form located at https://onrrreporting.onrr.gov. You must upload your files in one of the 
following formats: The American Standard Code for information 
interchange (ASCII) or Comma Separated Values (CSV) formats. You must 
create your external files in the proprietary ASCII and CSV file layout 
formats defined by ONRR. You can generate these external files from 
your system application. Reporters/payors also can access detailed 
information and instructions regarding how to use the eCommerce 
Reporting

[[Page 25880]]

Web site at http://www.onrr.gov/FM/PDFDocs/eCommerce_FAQ.pdf.
* * * * *

0
4. Amend Sec.  1210.56 by revising paragraphs (a) and (c) to read as 
follows:


Sec.  1210.56  Where can I find more information on how to complete the 
royalty report?

    (a) Refer to the ONRR Minerals Revenue Reporter Handbook for 
specific guidance on how to prepare and submit Form MMS-2014. You may 
find the handbook at http://www.onrr.gov/FM/Handbooks/default.htm or 
from the contacts on that Web page.
* * * * *
    (c) You may find Form MMS-2014 at http://www.onrr.gov/FM/Forms/AFSOil_Gas.htm or from contacts listed on that Web page.

0
5. Amend Sec.  1210.104 by revising paragraph (b) to read as follows:


Sec.  1210.104  Must I submit these production reports electronically?

* * * * *
    (b) As of December 31, 2011, all reporters/payors must report to 
ONRR electronically via the eCommerce Reporting Web site. All 
reporters/payors also must report production data directly or upload 
files using the ONRR electronic web form located at https://onrrreporting.onrr.gov. You must upload your files in one of the 
following formats: The American Standard Code for information 
interchange (ASCII) or Comma Separated Values (CSV) formats. You must 
create your external files in the proprietary ASCII and CSV file layout 
formats defined by ONRR. You can generate these external files from 
your system application. Reporters/payors also can access detailed 
information and instructions regarding how to use the eCommerce 
Reporting Web site at http://www.onrr.gov/FM/PDFDocs/eCommerce_FAQ.pdf.
* * * * *

0
6. Amend Sec.  1210.106 by revising paragraphs (a) and (c) to read as 
follows:


Sec.  1210.106  Where can I find more information on how to complete 
these production reports?

    (a) Refer to the ONRR Minerals Production Reporter Handbook for 
specific guidance on how to prepare and submit Forms MMS-4054 and MMS-
4058. You may find the handbook at http://www.onrr.gov/FM/Handbooks/default.htm or from contacts listed on that Web page.
* * * * *
    (c) You may find Forms MMS-4054 and MMS-4058 at http://www.onrr.gov/FM/Forms/AFSOil_Gas.htm or from contacts listed on that 
Web page.

0
7. Amend Sec.  1210.151 as follows:
0
a. Revise paragraph (b) to read as set forth below.
0
b. Remove ``MS 392B2,'' from paragraph (c)(3).


Sec.  1210.151  What reports must I submit to claim an excess 
allowance?

* * * * *
    (b) Reporting options. You may find Form MMS-4393 at http://www.onrr.gov/FM/Forms/AFSOil_Gas.htm or from contacts listed on that 
Web page.
* * * * *

0
8. Amend Sec.  1210.152 as follows:
0
a. Revise paragraph (b) to read as set forth below.
0
b. Remove ``MS 396B2,'' from paragraph (c)(2).


Sec.  1210.152  What reports must I submit to claim allowances on an 
Indian lease?

* * * * *
    (b) Reporting options. You must submit Forms MMS-4110, MMS-4109, 
and MMS-4295 manually. You may find the forms at http://www.onrr.gov/FM/Forms/AFSOil_Gas.htm or from contacts listed on that Web page.
* * * * *

0
9. Amend Sec.  1210.153 as follows:
0
a. Revise paragraph (b) to read as set forth below.
0
b. Remove ``MS 396B2,'' from paragraph (c)(2).


Sec.  1210.153  What reports must I submit for Indian gas valuation 
purposes?

* * * * *
    (b) Reporting options. You must submit Forms MMS-4410 and MMS-4411 
manually. You may find the forms at http://www.onrr.gov/FM/Forms/AFSOil_Gas.htm or from contacts listed on that Web page.
* * * * *

0
10. Amend Sec.  1210.154(c)(2) by removing ``MS 392B2,''.

0
11. Amend Sec.  1210.155 as follows:
0
a. Revise paragraph (b) to read as set forth below.
0
b. Remove ``MS 392B2,'' from paragraph (b)(2)(ii).


Sec.  1210.155  What reports must I submit for Federal onshore stripper 
oil properties?

* * * * *
    (b) Reporting options. You may find Form MMS-4377 at http://www.onrr.gov/FM/Forms/AFSOil_Gas.htm. You may file the form:
* * * * *

0
12. Amend Sec.  1210.156(c)(2) by removing ``MS 382B2,''.

0
13. Amend Sec.  1210.158 as follows:
0
a. Revise paragraph (b) to read set forth below.
0
b. Remove ``MS 357B1,'' from paragraph (c)(2).


Sec.  1210.158  What reports must I submit to designate someone to make 
my royalty payments?

* * * * *
    (b) Reporting options. You must submit Form ONRR-4425 manually. You 
may find the form at http://www.onrr.gov/FM/Forms/AFSOil_Gas.htm.
* * * * *

0
14. Amend Sec.  1210.205 as follows:
0
a. Revise paragraph (b) to read as set forth below.
0
b. Remove ``MS 390B2,'' from paragraph (c)(2).


Sec.  1210.205  What reports must I submit to claim allowances on 
Indian coal leases?

* * * * *
    (b) Reporting options. You must submit the forms manually. You may 
find the forms at http://www.onrr.gov/FM/Forms/AFSSol_Min.htm.
* * * * *

0
15. Revise Sec.  1210.354 to read as follows:


Sec.  1210.354  Reporting instructions.

    Refer to ONRR's Minerals Revenue Reporter Handbook--Oil, Gas, and 
Geothermal Resources for specific guidance on how to prepare and submit 
required information collection reports and forms to ONRR. You may find 
the handbook at http://www.onrr.gov/FM/Handbooks/default.htm or from 
contacts listed on that Web page.

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

0
16. The authority citation for 30 CFR part 1218 continues to read as 
follows:

    Authority:  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
17. Revise Sec.  1218.50(d)(5) to read as follows:


Sec.  1218.50  Timing of payment.

* * * * *
    (d) * * *
    (5) You should submit your certifications under paragraph (d)(2) of 
this section to Financial Management, Office of Natural Resources 
Revenue, P.O. Box 25627, Denver, CO 80225-0627.
* * * * *

0
18. Amend Sec.  1218.51 as follows:
0
a. Revise the definitions of ACH, EFT, and Fedwire, add a definition of 
Pay.gov

[[Page 25881]]

in alphabetical order, and remove the definition RIK, in paragraph (a) 
as set forth below.
0
b. Revise paragraph (d)(2) to read as set forth below.
0
c. Remove paragraph (d)(3).
0
d. Add ``6th Avenue and Kipling Street,'' after ``Denver Federal 
Center,'' and remove ``-0165'' after ``80225'' in paragraph (e).


Sec.  1218.51  How to make payments.

    (a) Definitions.
    ACH--Automated Clearing House. A type of EFT using the ACH bank-to-
bank network.
* * * * *
    EFT--Electronic Funds Transfer. Any paperless transfer of funds 
initiated through an electronic terminal. For ONRR purposes, EFT 
includes Fedwire and ACH transfers, such as Pay.gov.
    Fedwire--A type of EFT using the Federal Reserve Wire network.
* * * * *
    Pay.gov--A type of EFT using the ACH network that is initiated by a 
payor on the Pay.gov Web site.
* * * * *
    (d) * * *
    (2) For a Federal nonproducing lease rental or deferred bonus 
payment, send it to: Office of Natural Resources Revenue, P.O. Box 
25627, Denver, CO 80225-0627.
* * * * *

0
19. Revise Sec.  1218.560 to read as follows:


Sec.  1218.560  How do I submit Form MMS-4444?

    You may obtain a copy of Form MMS-4444 and instructions from ONRR. 
This form is posted at http://www.onrr.gov/FM/Forms/default.htm. Submit 
the completed, signed form to the address designated on Form MMS-4444 
instructions.

[FR Doc. 2012-10360 Filed 5-1-12; 8:45 am]
BILLING CODE 4310-T2-P