Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges; Corrections, 37539-37540 [2015-16239]
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Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations
Action—Indian Affairs, (202) 273–4680;
elizabeth.appel@bia.gov.
SUPPLEMENTARY INFORMATION:
Prior to the establishment of the
regulatory process for establishing that
an American Indian group exists as an
Indian tribe in 1978 (‘‘the Part 83
process’’), the Department used an
informal process for the Federal
acknowledgment of Indian tribes. The
Part 83 regulations formalized the
process by which the Department
reviewed requests and the criteria
required of groups to obtain Federal
acknowledgment. The Department has
resolved over 50 petitions using the Part
83 process.
However, even after the promulgation
of the Part 83 regulations in 1978, there
have been a range of requests by
unrecognized groups to use other
administrative processes to obtain
Federal acknowledgment. The
Department has utilized those processes
in limited circumstances. For example,
the Department has ‘‘reaffirmed’’ some
tribes and reorganized some half-blood
communities as tribes under the Indian
Reorganization Act (IRA).
Over the past couple of years, the
Department has undertaken a
comprehensive review and evaluation of
the process and criteria by which it
federally acknowledges Indian tribes
under 25 CFR part 83. As part of that
review of the proposed revisions to Part
83, we also received comments related
to the other administrative processes
that have occasionally been used by the
Department for acknowledgment. For
example, the Eastern Band of Cherokee
Indians and Stand Up for California
requested that the Department utilize
only the Part 83 process to acknowledge
tribes.
We recognize the concerns expressed
in comments about the use of
administrative approaches for
acknowledgment other than Part 83.
Having worked hard to make the Part 83
process more transparent, timely and
efficient, while maintaining Part 83’s
fairness, rigor, and integrity, the
Department has decided that, in light of
these reforms to improve the Part 83
process, that process should be the only
method utilized by the Department to
acknowledge an Indian tribe in the
contiguous 48 states.1 The Department
has determined that it will no longer
accept requests for acknowledgement
outside the Part 83 process. Rather, the
Department intends to rely on the newly
reformed Part 83 process as the sole
administrative avenue for
acknowledgment as a tribe.
Of course, the basis for the policy
shift being announced today is the
Department’s reform and improvement
of the Part 83 process. The recently
revised Part 83 regulations promote
fairness, integrity, efficiency and
flexibility. No group should be denied
access to other mechanisms if the only
administrative avenue available to them
is widely considered ‘‘broken.’’ Thus,
this policy guidance is contingent on
the Department’s ability to implement
Part 83, as reformed. If in the future the
newly reformed Part 83 process is not in
effect and being implemented, this
policy guidance is deemed rescinded.
To conclude, any group within the
contiguous 48 states seeking Federal
acknowledgment as an Indian tribe
administratively must petition under 25
CFR part 83 from this date forward. The
decision to use only the recently
reformed Part 83 process from this point
forward does not affect the validity of
any determination made prior to the
institution of this policy guidance;
while the Department exercised its
discretionary authority to use those
methods of acknowledgment in the past,
it no longer will.
Dated: June 26, 2015.
Kevin K. Washburn,
Assistant Secretary—Indian Affairs.
tkelley on DSK3SPTVN1PROD with RULES
regard to Alaska, under 473a, Congress has
specifically provided: ‘‘that groups of Indians in
Alaska not recognized prior to May 1, 1936, as
bands or tribes, but having a common bond of
occupation, or association, or residence within a
well-defined neighborhood, community, or rural
district, may organize to adopt constitutions and
bylaws and to receive charters of incorporation and
Federal loans under sections 470, 476, and 477 of
this title.’’
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FOR FURTHER INFORMATION CONTACT:
Todd Smyth at the U.S. Department of
Labor, Office of Administrative Law
Judges, 800 K Street NW., Suite 400North, Washington, DC 20001–8002;
telephone (202) 693–7300.
SUPPLEMENTARY INFORMATION:
Background
The final regulations that are the
subject of these corrections became
effective on June 18, 2015. The
regulations constitute the rules of
practice and procedure for
administrative hearings before the
Office of Administrative Law Judges.
Need for Correction
As published, the final regulations
contain four internal cross-reference
errors, and a typographical error in the
title of 29 CFR 18.33(e).
List of Subjects in 29 CFR Part 18
Administrative practice and
procedure, Labor.
Accordingly, 29 CFR part 18 is
corrected by making the following
correcting amendments:
PART 18—RULES OF PRACTICE AND
PROCEDURE FOR ADMINISTRATIVE
HEARINGS BEFORE THE OFFICE OF
ADMINISTRATIVE LAW JUDGES
1. The authority citation for part 18
continues to read as follows:
■
Authority: 5 U.S.C. 301; 5 U.S.C. 551–553;
5 U.S.C. 571 note; E.O. 12778; 57 FR 7292.
[FR Doc. 2015–16194 Filed 6–30–15; 8:45 am]
2. Revise paragraph (c) of § 18.32 to
read as follows:
BILLING CODE 4337–15–P
§ 18.32
■
Computing and extending time.
*
*
*
*
*
(c) Additional time after certain kinds
of service. When a party may or must act
within a specified time after service and
service is made under § 18.30(a)(2)(ii)(C)
or (D), 3 days are added after the period
would otherwise expire under
paragraph (a) of this section.
DEPARTMENT OF LABOR
Office of the Secretary
29 CFR Part 18
RIN 1290–AA26
Rules of Practice and Procedure for
Administrative Hearings Before the
Office of Administrative Law Judges;
Corrections
Office of the Secretary, Labor.
Correcting amendments.
AGENCY:
ACTION:
This document contains
corrections to the final regulations
which were published in the Federal
Register of May 19, 2015 (80 FR 28768).
Those regulations relate to rules of
practice and procedure for
administrative hearings before the
Office of Administrative Law Judges.
DATES: Effective on July 1, 2015.
SUMMARY:
1 With
37539
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3. Revise paragraph (e) of § 18.33 to
read as follows:
■
§ 18.33
Motions and other papers.
*
*
*
*
*
(e) Motions made at hearing. A
motion made at a hearing may be stated
orally unless the judge determines that
a written motion or response would best
serve the ends of justice.
*
*
*
*
*
■ 4. Revise paragraph (d)(1) and the
introductory text of paragraph (d)(3) of
§ 18.51 to read as follows:
§ 18.51
*
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Discovery scope and limits.
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37540
Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations
§ 18.53 Supplementing disclosures and
responses.
*
*
*
*
*
(b) Expert witness. For an expert
whose report must be disclosed under
§ 18.50(c)(2)(ii), the party’s duty to
supplement extends both to information
included in the report and to
information given during the expert’s
deposition. Any additions or changes to
this information must be disclosed by
the time the party’s prehearing
disclosures under § 18.50(c)(3) are due.
Dated: June 17, 2015.
Stephen R. Henley,
Acting Chief Administrative Law Judge.
[FR Doc. 2015–16239 Filed 6–30–15; 8:45 am]
BILLING CODE 4510–20–P
boating traffic expected during 4th of
July firework displays throughout the
Miami area. To ensure the public’s
safety, all vessels within the regulated
navigation area are: Required to transit
the regulated navigation area at no more
than 15 knots; subject to control by the
Coast Guard members with law
enforcement authority; and required to
follow the instructions of all law
enforcement officials in the area.
DATES: This rule is effective from July 4
until July 5, 2015 and will be enforced
from 7 p.m. on July 4 until 2 a.m. on
July 5, 2015.
ADDRESSES: Documents indicated in this
preamble are part of docket USCG–
2015–0450. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer John Jennings, Sector
Miami Prevention Department, Coast
Guard; telephone (305) 535–4317, email
john.k.jennings@uscg.mil. If you have
questions on viewing the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
fireworks displays throughout the
Miami area. As a result, it was
impracticable to issue this rule with
opportunity to comment because the
Coast Guard did not receive notice of
Fourth of July firework displays in time
to publish a NPRM.
Historically, there is increased vessel
traffic on the waters of Biscayne Bay
during Fourth of July fireworks displays
in the Miami area. Vessel congestion,
especially where vessels cross
navigational channels to return to their
home marinas at high rates of speed has
resulted in accidents that caused severe
injury and death. This RNA is necessary
to better protect the public on this
congested waterway. Under these
circumstances, it would be contrary to
the public interest in maintaining safety
in Biscayne Bay to delay the effective
date of the temporary final rule.
For the same reason discussed above,
under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register.
Table of Acronyms
(d) Hearing preparation: Experts—(1)
Deposition of an expert who may testify.
A party may depose any person who has
been identified as an expert whose
opinions may be presented at trial. If
§ 18.50(c)(2)(ii) requires a report from
the expert the deposition may be
conducted only after the report is
provided, unless the parties stipulate
otherwise.
*
*
*
*
*
(3) Hearing-preparation protection for
communications between a party’s
representative and expert witnesses.
Paragraphs (c)(1) and (2) under this
section protect communications
between the party’s representative and
any witness required to provide a report
under § 18.50(c)(2)(ii), regardless of the
form of the communications, except to
the extent that the communications:
*
*
*
*
*
■ 5. Revise paragraph (b) of § 18.53 to
read as follows:
III. Discussion of the Temporary Final
Rule
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
RNA Regulated Navigation Area
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
I. Regulatory History and Information
33 CFR Part 165
[Docket No. USCG–2015–0450]
RIN 1625–AA11
Regulated Navigation Area; 4th of July,
Biscayne Bay, Miami, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
tkelley on DSK3SPTVN1PROD with RULES
ACTION:
The Coast Guard is
establishing a regulated navigation area
on Biscayne Bay in Miami, Florida, for
multiple 4th of July fireworks displays
throughout the Miami area. This
regulation is necessary to protect the
public from hazards associated with
SUMMARY:
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17:34 Jun 30, 2015
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The Coast Guard is issuing this final
rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
NPRM with respect to this temporary
rule because information was recently
received regarding the location of
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II. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and other
limited access areas: 33 U.S.C. 1231; 50
U.S.C. 191; 33 CFR 1.05–1, 6.04–1,
6.04–6, and 160.5; Department of
Homeland Security Delegation No.
0170.1.
The purpose of the rule is to ensure
the safe transit of vessels and to protect
persons, vessels, and the marine
environment within the regulated
navigation area during 4th of July
festivities.
This temporary final rule will
designate a regulated navigation area
encompassing all waters within one
nautical mile of the center of the
Intracoastal Waterway to the east and
21⁄2 nautical miles to the west from
Black Point extending 10 nautical miles
north to the Rickenbacker Causeway
Bridge; then encompassing all navigable
waters of the Intracoastal Waterway
between the Rickenbacker Causeway
Bridge north to the Julia Tuttle
Causeway Bridge, Miami, Florida. The
regulated navigation area will be
enforced from 7 p.m. July 4, 2015, until
2 a.m. July 5, 2015.
All vessels within the regulated
navigation area are: (1) Required to
transit the area at no more than 15
knots; (2) subject to control by the Coast
Guard; and (3) required to follow the
E:\FR\FM\01JYR1.SGM
01JYR1
]]>Agencies
[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Rules and Regulations]
[Pages 37539-37540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16239]
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DEPARTMENT OF LABOR
Office of the Secretary
29 CFR Part 18
RIN 1290-AA26
Rules of Practice and Procedure for Administrative Hearings
Before the Office of Administrative Law Judges; Corrections
AGENCY: Office of the Secretary, Labor.
ACTION: Correcting amendments.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to the final regulations
which were published in the Federal Register of May 19, 2015 (80 FR
28768). Those regulations relate to rules of practice and procedure for
administrative hearings before the Office of Administrative Law Judges.
DATES: Effective on July 1, 2015.
FOR FURTHER INFORMATION CONTACT: Todd Smyth at the U.S. Department of
Labor, Office of Administrative Law Judges, 800 K Street NW., Suite
400-North, Washington, DC 20001-8002; telephone (202) 693-7300.
SUPPLEMENTARY INFORMATION:
Background
The final regulations that are the subject of these corrections
became effective on June 18, 2015. The regulations constitute the rules
of practice and procedure for administrative hearings before the Office
of Administrative Law Judges.
Need for Correction
As published, the final regulations contain four internal cross-
reference errors, and a typographical error in the title of 29 CFR
18.33(e).
List of Subjects in 29 CFR Part 18
Administrative practice and procedure, Labor.
Accordingly, 29 CFR part 18 is corrected by making the following
correcting amendments:
PART 18--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE
HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES
0
1. The authority citation for part 18 continues to read as follows:
Authority: 5 U.S.C. 301; 5 U.S.C. 551-553; 5 U.S.C. 571 note;
E.O. 12778; 57 FR 7292.
0
2. Revise paragraph (c) of Sec. 18.32 to read as follows:
Sec. 18.32 Computing and extending time.
* * * * *
(c) Additional time after certain kinds of service. When a party
may or must act within a specified time after service and service is
made under Sec. 18.30(a)(2)(ii)(C) or (D), 3 days are added after the
period would otherwise expire under paragraph (a) of this section.
0
3. Revise paragraph (e) of Sec. 18.33 to read as follows:
Sec. 18.33 Motions and other papers.
* * * * *
(e) Motions made at hearing. A motion made at a hearing may be
stated orally unless the judge determines that a written motion or
response would best serve the ends of justice.
* * * * *
0
4. Revise paragraph (d)(1) and the introductory text of paragraph
(d)(3) of Sec. 18.51 to read as follows:
Sec. 18.51 Discovery scope and limits.
* * * * *
[[Page 37540]]
(d) Hearing preparation: Experts--(1) Deposition of an expert who
may testify. A party may depose any person who has been identified as
an expert whose opinions may be presented at trial. If Sec.
18.50(c)(2)(ii) requires a report from the expert the deposition may be
conducted only after the report is provided, unless the parties
stipulate otherwise.
* * * * *
(3) Hearing-preparation protection for communications between a
party's representative and expert witnesses. Paragraphs (c)(1) and (2)
under this section protect communications between the party's
representative and any witness required to provide a report under Sec.
18.50(c)(2)(ii), regardless of the form of the communications, except
to the extent that the communications:
* * * * *
0
5. Revise paragraph (b) of Sec. 18.53 to read as follows:
Sec. 18.53 Supplementing disclosures and responses.
* * * * *
(b) Expert witness. For an expert whose report must be disclosed
under Sec. 18.50(c)(2)(ii), the party's duty to supplement extends
both to information included in the report and to information given
during the expert's deposition. Any additions or changes to this
information must be disclosed by the time the party's prehearing
disclosures under Sec. 18.50(c)(3) are due.
Dated: June 17, 2015.
Stephen R. Henley,
Acting Chief Administrative Law Judge.
[FR Doc. 2015-16239 Filed 6-30-15; 8:45 am]
BILLING CODE 4510-20-P
