[Federal Register Volume 84, Number 201 (Thursday, October 17, 2019)]
[Rules and Regulations]
[Pages 55498-55500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22682]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 170
[192A2100DD/AAKC001030/A0A501010.999900 253G]
RIN 1076-AF50
Tribal Transportation Program; Delay of Compliance Date
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Interim final rule.
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SUMMARY: This interim final rule updates the Tribal Transportation
Program regulations to delay the deadline for Tribes to comply with
requirements to collect data on proposed roads for the National Tribal
Transportation Facility Inventory (NTTFI).
DATES: This rule is effective October 17, 2019. Submit comments by
November 18, 2019. Compliance with Sec. 170.443 for proposed roads
currently in the NTTFI to remain in the inventory is required by March
6, 2020.
ADDRESSES: You may submit comments by any of the following methods:
Federal rulemaking portal www.regulations.gov. The rule is
listed under the agency name ``Bureau of Indian Affairs.''
Mail, Hand Delivery, or Courier: Ms. Elizabeth Appel,
Office of Regulatory Affairs & Collaborative Action, U.S. Department of
the Interior, 1849 C Street NW, Mail Stop 4660, Washington, DC 20240.
We cannot ensure that comments received after the close of
the comment period (see DATES) will be included in the docket for this
rulemaking and considered. Comments sent to an address other than those
listed above will not be included in the docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Mr. LeRoy Gishi, Division of
Transportation, Office of Indian Services, Bureau of Indian Affairs,
(202) 513-7711, [email protected].
SUPPLEMENTARY INFORMATION:
I. Summary of Rule
Regulations governing the Tribal Transportation Program were
published in 2016. See 81 FR 78456 (November 7, 2016). The regulations
became effective on December 7, 2016, except for Sec. 170.443, which
required Tribes' compliance at a later date: On November 7, 2019. See
83 FR 8609 (February 28, 2018). Section 170.443 requires Tribes to
collect data for proposed roads to be added to, or remain in, the
NTTFI.
This interim final rule affects only Sec. 170.443. The rule delays
the current November 7, 2019, deadline for compliance with that section
to March 6, 2020. This delay will allow the Bureau of Indian Affairs
time to complete the rulemaking that is reexamining the need for this
data collection in the NTTFI and determining whether revision or
deletion of the data collection requirements in Sec. 170.443 is
appropriate. The Bureau of Indian Affairs finds that there is good
cause to
[[Page 55499]]
place this rule into immediate effect before receiving public comment
and without a 30-day waiting period because the delay in the compliance
deadline is expected to be uncontroversial with both the impacted
Tribes and the public, and placing into immediate effect will eliminate
potentially needless expenditure of resources by Tribes.
II. Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866 and 13563)
Executive Order (E.O.) 12866 provides that the Office of
Information and Regulatory Affairs (OIRA) at the Office of Management
and Budget (OMB) will review all significant rules. OIRA has determined
that this rule is not significant.
E.O. 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 E.O. 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.
B. Regulatory Flexibility Act
This 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.) because Tribes are not small entities under
the Regulatory Flexibility Act.
C. 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 because this rule affects only surface transportation for
Tribes.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions because it does not affect costs or
prices.
(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
because the rule addresses Tribal surface transportation within the
United States.
D. 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. The 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.
E. Takings (E.O. 12630)
This rule does not affect a taking of private property or otherwise
have taking implications under E.O. 12360. A takings implication
assessment is not required.
F. 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
summary impact statement, because the rule primarily addresses the
relationship between the Federal Government and Tribes. A Federalism
summary impact statement is not required.
G. 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) requiring that all
regulations be reviewed to eliminate errors and ambiguity and 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.
H. Consultation With Indian Tribes (E.O. 13175 and Departmental Policy)
The Department of the Interior strives to strengthen its
government-to-government regulations with Indian Tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and Tribal sovereignty. We have evaluated this
rule under the Department's consultation policy and have identified
substantial direct effects on federally recognized Indian Tribes that
will result from this rule. This rule will relieve a regulatory burden
from Tribes and allow time for consultation on an appropriate
replacement or deletion of regulatory requirements.
I. Paperwork Reduction Act
This rule contains information collection requirements, and the
Office of Management and Budget (OMB) has approved the information
collections under the Paperwork Reduction Act (PRA) under OMB Control
Number 1076-0161, which expires December 31, 2019.
Please note that an agency may not sponsor or request, and an
individual need not respond to, a collection of information unless it
displays a valid OMB Control Number.
J. National Environmental Policy Act
This rulemaking does not constitute a major Federal action
significantly affecting the quality of the human environment because it
is of an administrative, technical, and procedural nature. It is
therefore subject to categorical exclusion, see 43 CFR 46.210(i), and
no extraordinary circumstances exist. See 43 CFR 46.215.
K. Effects on the Energy Supply (E.O. 13211)
This rulemaking is not a significant energy action under the
definition in E.O. 13211. A Statement of Energy Effects is not
required.
L. Clarity of This Regulation
We are required by Executive Orders 12866 (section 1(b)(12)), and
12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), 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 common, everyday words and 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 us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the numbers of the sections
or paragraphs that you find unclear, which sections or sentences are
too long, the sections where you think lists or tables would be useful,
etc.
M. E.O. 13771: Reducing Regulation and Controlling Regulatory Costs
This rule is not an E.O. 13771 regulatory action because this rule
is not significant under E.O. 12866.
[[Page 55500]]
List of Subjects in 25 CFR Part 170
Highways and roads, Indians--lands.
For the reasons stated in the preamble, the Department of the
Interior, Bureau of Indian Affairs, amends part 170 in title 25 of the
Code of Federal Regulations as follows:
PART 170--TRIBAL TRANSPORTATION PROGRAM
0
1. The authority for part 170 continues to read as follows:
Authority: Pub. L. 112-141, Pub. L. 114-94; 5 U.S.C. 2; 23
U.S.C. 201, 202; 25 U.S.C. 2, 9.
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2. Revise Sec. 170.443(b) to read as follows:
Sec. 170.443 What is required to successfully include a proposed
transportation facility in the NTTFI?
* * * * *
(b) For those proposed roads that currently exist in the NTTFI, the
requirements identified above as paragraphs (a)(1) through (8) of this
section, must be completed and submitted for approval to BIA and FHWA
by March 6, 2020, in order to remain on the inventory.
Dated: September 26, 2019.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
[FR Doc. 2019-22682 Filed 10-16-19; 8:45 am]
BILLING CODE 4337-15-P