Conforming Amendments To Implement the No Child Left Behind Act of 2001, 33701-33702 [05-11445]
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Federal Register / Vol. 70, No. 110 / Thursday, June 9, 2005 / Rules and Regulations
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(E) Analyses to determine compliance
with the requirements of paragraph
(b)(4)(iii)(A) of this section shall be
conducted in accordance with an
applicable method and applicable
revisions to the methods listed in
paragraphs (b)(4)(iii)(E)(1) through
(b)(4)(iii)(E)(14) of this section and
described, unless otherwise noted, in
‘‘Methods for Chemical Analysis of
Water and Wastes,’’ U.S. EPA
Environmental Monitoring and Support
Laboratory (EMSL), Cincinnati, OH
45258 (EPA–600/4–79–020), March
1983, which is incorporated by
reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Copies of this
publication are available from the
National Technical Information Service
(NTIS), U.S. Department of Commerce,
5825 Port Royal Rd., Springfield, VA
22161, or may be examined at the
Center for Food Safety and Applied
Nutrition’s Library, Food and Drug
Administration, 5100 Paint Branch
Pkwy., College Park, MD 20740, or at
the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
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(14) Arsenic shall be measured using
the following methods:
(i) Method 200.8—‘‘Determination of
Trace Elements in Waters and Wastes by
Inductively Coupled Plasma-Mass
Spectrometry,’’ Revision 5.4, which is
incorporated by reference in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
Method 200.8 is contained in the
manual entitled ‘‘Methods for the
Determination of Metals in
Environmental Samples—Supplement
1,’’ EPA/600/R–94/111, May 1994.
Copies of this publication are available
from the National Technical Information
Service (NTIS), PB95–125472, U.S.
Department of Commerce, 5825 Port
Royal Rd., Springfield, VA 22161, or
may be examined at the Center for Food
Safety and Applied Nutrition’s Library,
Food and Drug Administration, 5100
Paint Branch Pkwy., College Park, MD
20740, or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
(ii) Method 200.9—‘‘Determination of
Trace Elements by Stabilized
VerDate jul<14>2003
14:57 Jun 08, 2005
Jkt 205001
Temperature Graphite Furnace Atomic
Absorption,’’ Revision 2.2, which is
incorporated by reference in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
Method 200.9 is contained in the
manual entitled ‘‘Methods for the
Determination of Metals in
Environmental Samples—Supplement
1,’’ EPA/600/R–94/111, May 1994. The
availability of this incorporation by
reference is given in paragraph
(b)(4)(iii)(E)(14)(i) of this section.
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Dated: May 20, 2005.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 05–11406 Filed 6–8–05; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 39
RIN 1076–AE54
Conforming Amendments To
Implement the No Child Left Behind
Act of 2001
Bureau of Indian Affairs,
Interior.
ACTION: Final rule.
AGENCY:
SUMMARY: This final rule renumbers
certain sections of 25 CFR part 39 in
order to conform to the amendments
published on April 28 and to rationalize
the number system in part 39. It also
eliminates two obsolete cross references.
DATES: Effective June 9, 2005.
FOR FURTHER INFORMATION CONTACT:
Catherine Freels, Designated Federal
Official, PO Box 1430, Albuquerque,
NM 87103–1430; Phone 505–248–7240;
e-mail: cfreels@bia.edu.
SUPPLEMENTARY INFORMATION: On April
28, 2005, the Department published in
the Federal Register (70 FR 22178) the
final rule implementing the No Child
Left Behind Act of 2001 (the Act). The
April 28 rule revised subparts A through
H of part 39, while leaving subparts I
through L unaffected. Although subparts
I through L were unchanged by
publication of the April 28 rule, the
section numbers used in those subparts
were used for some of the sections in
the revised subparts A through H.
Through an unintentional oversight, the
Department did not renumber the
sections of subparts I through L to
eliminate duplication. This rectifies this
oversight by renumbering all sections in
subparts I through L in order to remove
potential conflicts from Title 25. It also
removes two obsolete cross references.
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
33701
Compliance Information
1. Regulatory Planning and Review
(E.O. 12866). This document is not a
significant rule and the Office of
Management and Budget has not
reviewed this rule under Executive
Order 12866.
(1) This rule will not have an effect of
$100 million or more on the economy.
It will not adversely affect in a material
way the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local,
or tribal governments or communities.
(2) This rule will not create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency.
(3) This rule does not alter the
budgetary effects of entitlements, grants,
user fees, or loan programs or the rights
or obligations of their recipients.
(4) This rule does not raise novel legal
or policy issues. It makes only changes
necessary to ensure that these sections
of 25 CFR conform to the changes made
by the new rule being published in final
today.
2. Regulatory Flexibility Act. The
Department of the Interior certifies that
this document will not have a
significant economic effect on a
substantial number of small entities
under the Regualtory Flexibility Act (5
U.S.C. 601 et seq.).
3. Small Business Regulatory
Enforcement Fairness Act (SBREFA).
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, 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 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. The
rule makes only changes necessary to
ensure that these sections of 25 CFR
conform to the changes made by the
new rule being published in final today.
5. Takings (E.O. 12630). In accordance
with Executive Order 12630, the rule
does not have significant takings
E:\FR\FM\09JNR1.SGM
09JNR1
33702
Federal Register / Vol. 70, No. 110 / Thursday, June 9, 2005 / Rules and Regulations
implications. No rights, property or
compensation has been, or will be
taken. A takings implication assessment
is not required.
6. Federalism (E.O. 13132). In
accordane with Executive Order 13132,
this rule does not have federalism
implications that warrant the
preparation of a federalism assessment.
7. Civil Justice Reform (E.O. 12988). In
accordance with Executive Order 12988,
the Office of the Solicitor has
determined that this rule does not
unduly burden the judicial system and
meets the requirements of sections 3(a)
and 3(b)(2) of the Order.
8. Consultation with Indian tribes
(E.O. 13175). In accordance with
Executive Order 13175, we have
evaluated this rule and determined that
it has no potential negative effects on
federally recognized Indian tribes. In
drafting the No Child Left Behind rule
published today, we consulted
extensively with tribes; tribal members
of the negotiated rulemaking committee
participated in the writing of the rule.
These conforming amendments make
only changes necessary to ensure that
the remainder of 25 CFR is consistent
with the provisions of the No Child Left
Behind rule.
9. Paperwork Reduction Act. This
regulation does not require an
information collection from 10 or more
parties and a submission under the
Paperwork Reduction Act is not
required. An OMB form 83–I is not
required.
10. National Environmental Policy
Act. This rule does not constitute a
major Federal action significantly
affecting the quality of the human
environment.
11. Justification for Issuing a Direct
Final Rule. The Department has
determined that the public notice and
comment provisions of the
Administrative Procedure Act, 5 U.S.C.
553(b), do not apply to this rule because
of the good cause exception under 5
U.S.C. 553(b)(3)(B). This exception
allows the agency to suspend the notice
and public procedure requirements
when the agency finds for good cause
that those requirements are
impracticable, unnecessary, or contrary
to the public interest. This rule
renumbers (redesignates) certain
sections of 25 CFR part 39 in order to
conform to the amendments published
on April 28, it makes no substantive
changes. Failure to immediately make
these redesignations would lead to
confusion and cause errors in vital
educational programs. For these
reasons, public comments are
unnecessary and would be
impracticable.
VerDate jul<14>2003
14:57 Jun 08, 2005
Jkt 205001
Similarly, failure to immediately
make the redesignations in this rule
would result in a serious disruption of
the Bureau of Indian Affairs’ ability to
provide necessary educational services,
with accompanying confusion to
employees and the public. This
disruption and confusion would be
contrary to public and tribal interests.
For these reasons, the Department has
determined it appropriate to waive the
requirement of publication 30 days in
advance of the effective date. As
allowed by 5 U.S.C. 553(d)(3), this rule
is effective immediately because it is in
the public interest not to delay
implementation of this amendment.
List of Subjects in 25 CFR Part 39
Indians—education, Schools,
Elementary and secondary education
programs, Government programs—
education.
Dated: May 23, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary—
Indian Affairs.
For the reasons given in the preamble,
part 39 of title 25 of the Code of Federal
Regulations is amended as set forth
below.
I
PART 39—THE INDIAN SCHOOL
EQUALIZATION PROGRAM
1. The authority for part 39 continues
to read as follows:
I
Authority: 25 U.S.C. 13; 25 U.S.C. 2008;
Pub. L. 107–110.
2. In Subparts I through L, §§ 39.110
through 39.143 are redesignated as
shown in the following table:
I
Current section number
39.110
39.111
39.112
39.113
39.114
39.120
39.121
39.122
39.123
39.130
39.131
39.140
39.141
39.142
39.143
Redesignated
section number
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
§ 39.1100
39.900
39.901
39.902
39.903
39.904
39.1000
39.1001
39.1002
39.1003
39.1100
39.1101
39.1200
39.1201
39.1202
39.1203
[Amended]
3. In newly redesignated § 39.1100, in
the last sentence, the words ‘‘detailed in
§ 39.19’’ are removed.
I
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
I 4. In newly redesignated § 39.1202(c),
the words ‘‘as set forth in § 39.19’’ are
removed.
[FR Doc. 05–11445 Filed 6–8–05; 8:45 am]
BILLING CODE 4310–02–M
DEPARTMENT OF THE TREASURY
31 CFR Part 103
RIN 1506–AA58
Financial Crimes Enforcement
Network; Anti-Money Laundering
Programs for Dealers in Precious
Metals, Stones, or Jewels
Financial Crimes Enforcement
Network (‘‘FinCEN’’), Treasury.
ACTION: Interim final rule; request for
comments.
AGENCY:
SUMMARY: FinCEN is issuing this interim
final rule to prescribe minimum
standards applicable to dealers in
jewels, precious metals, or precious
stones, pursuant to the provisions in the
USA PATRIOT Act of 2001 that require
financial institutions to establish antimoney laundering programs. This rule
is being issued as an interim final rule
because FinCEN is seeking additional
public comment on several aspects of
the interim final rule. These issues are
addressed in the SUPPLEMENTARY
INFORMATION section under the heading
‘‘Request for Comments.’’ We also are
providing questions and answers to
assist businesses in understanding how
the interim final rule operates, and in
determining whether and when a
business’s operations are covered by the
interim final rule. These questions and
answers appear in the SUPPLEMENTARY
INFORMATION section under the heading
‘‘Frequently Asked Questions.’’
DATES: Effective Date: This interim final
rule is effective July 11, 2005.
Applicability Date: The requirement
that dealers develop and implement an
anti-money laundering program applies
as provided in 31 CFR 103.140(d).
Submission of Comments: Comments
on the issues raised in the ‘‘Request for
Comments’’ portion of this document
must be received before July 25, 2005.
ADDRESSES: You may submit comments,
identified by RIN 1506–AA58, by any of
the following methods:
• Federal e-rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail:
regcomments@fincen.treas.gov. Include
RIN 1506–AA58 in the subject line of
the message.
• Mail: FinCEN, P.O. Box 39, Vienna,
VA 22183. Include RIN 1506–AA58 in
the body of the text.
E:\FR\FM\09JNR1.SGM
09JNR1
]]>Agencies
[Federal Register Volume 70, Number 110 (Thursday, June 9, 2005)]
[Rules and Regulations]
[Pages 33701-33702]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11445]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 39
RIN 1076-AE54
Conforming Amendments To Implement the No Child Left Behind Act
of 2001
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule renumbers certain sections of 25 CFR part 39
in order to conform to the amendments published on April 28 and to
rationalize the number system in part 39. It also eliminates two
obsolete cross references.
DATES: Effective June 9, 2005.
FOR FURTHER INFORMATION CONTACT: Catherine Freels, Designated Federal
Official, PO Box 1430, Albuquerque, NM 87103-1430; Phone 505-248-7240;
e-mail: cfreels@bia.edu.
SUPPLEMENTARY INFORMATION: On April 28, 2005, the Department published
in the Federal Register (70 FR 22178) the final rule implementing the
No Child Left Behind Act of 2001 (the Act). The April 28 rule revised
subparts A through H of part 39, while leaving subparts I through L
unaffected. Although subparts I through L were unchanged by publication
of the April 28 rule, the section numbers used in those subparts were
used for some of the sections in the revised subparts A through H.
Through an unintentional oversight, the Department did not renumber the
sections of subparts I through L to eliminate duplication. This
rectifies this oversight by renumbering all sections in subparts I
through L in order to remove potential conflicts from Title 25. It also
removes two obsolete cross references.
Compliance Information
1. Regulatory Planning and Review (E.O. 12866). This document is
not a significant rule and the Office of Management and Budget has not
reviewed this rule under Executive Order 12866.
(1) This rule will not have an effect of $100 million or more on
the economy. It will not adversely affect in a material way the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities.
(2) This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency.
(3) This rule does not alter the budgetary effects of entitlements,
grants, user fees, or loan programs or the rights or obligations of
their recipients.
(4) This rule does not raise novel legal or policy issues. It makes
only changes necessary to ensure that these sections of 25 CFR conform
to the changes made by the new rule being published in final today.
2. Regulatory Flexibility Act. The Department of the Interior
certifies that this document will not have a significant economic
effect on a substantial number of small entities under the Regualtory
Flexibility Act (5 U.S.C. 601 et seq.).
3. Small Business Regulatory Enforcement Fairness Act (SBREFA).
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, 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 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. The rule makes only changes necessary to ensure
that these sections of 25 CFR conform to the changes made by the new
rule being published in final today.
5. Takings (E.O. 12630). In accordance with Executive Order 12630,
the rule does not have significant takings
[[Page 33702]]
implications. No rights, property or compensation has been, or will be
taken. A takings implication assessment is not required.
6. Federalism (E.O. 13132). In accordane with Executive Order
13132, this rule does not have federalism implications that warrant the
preparation of a federalism assessment.
7. Civil Justice Reform (E.O. 12988). In accordance with Executive
Order 12988, the Office of the Solicitor has determined that this rule
does not unduly burden the judicial system and meets the requirements
of sections 3(a) and 3(b)(2) of the Order.
8. Consultation with Indian tribes (E.O. 13175). In accordance with
Executive Order 13175, we have evaluated this rule and determined that
it has no potential negative effects on federally recognized Indian
tribes. In drafting the No Child Left Behind rule published today, we
consulted extensively with tribes; tribal members of the negotiated
rulemaking committee participated in the writing of the rule. These
conforming amendments make only changes necessary to ensure that the
remainder of 25 CFR is consistent with the provisions of the No Child
Left Behind rule.
9. Paperwork Reduction Act. This regulation does not require an
information collection from 10 or more parties and a submission under
the Paperwork Reduction Act is not required. An OMB form 83-I is not
required.
10. National Environmental Policy Act. This rule does not
constitute a major Federal action significantly affecting the quality
of the human environment.
11. Justification for Issuing a Direct Final Rule. The Department
has determined that the public notice and comment provisions of the
Administrative Procedure Act, 5 U.S.C. 553(b), do not apply to this
rule because of the good cause exception under 5 U.S.C. 553(b)(3)(B).
This exception allows the agency to suspend the notice and public
procedure requirements when the agency finds for good cause that those
requirements are impracticable, unnecessary, or contrary to the public
interest. This rule renumbers (redesignates) certain sections of 25 CFR
part 39 in order to conform to the amendments published on April 28, it
makes no substantive changes. Failure to immediately make these
redesignations would lead to confusion and cause errors in vital
educational programs. For these reasons, public comments are
unnecessary and would be impracticable.
Similarly, failure to immediately make the redesignations in this
rule would result in a serious disruption of the Bureau of Indian
Affairs' ability to provide necessary educational services, with
accompanying confusion to employees and the public. This disruption and
confusion would be contrary to public and tribal interests. For these
reasons, the Department has determined it appropriate to waive the
requirement of publication 30 days in advance of the effective date. As
allowed by 5 U.S.C. 553(d)(3), this rule is effective immediately
because it is in the public interest not to delay implementation of
this amendment.
List of Subjects in 25 CFR Part 39
Indians--education, Schools, Elementary and secondary education
programs, Government programs--education.
Dated: May 23, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary--Indian Affairs.
0
For the reasons given in the preamble, part 39 of title 25 of the Code
of Federal Regulations is amended as set forth below.
PART 39--THE INDIAN SCHOOL EQUALIZATION PROGRAM
0
1. The authority for part 39 continues to read as follows:
Authority: 25 U.S.C. 13; 25 U.S.C. 2008; Pub. L. 107-110.
0
2. In Subparts I through L, Sec. Sec. 39.110 through 39.143 are
redesignated as shown in the following table:
------------------------------------------------------------------------
Redesignated
Current section number section number
------------------------------------------------------------------------
39.110.................................................. 39.900
39.111.................................................. 39.901
39.112.................................................. 39.902
39.113.................................................. 39.903
39.114.................................................. 39.904
39.120.................................................. 39.1000
39.121.................................................. 39.1001
39.122.................................................. 39.1002
39.123.................................................. 39.1003
39.130.................................................. 39.1100
39.131.................................................. 39.1101
39.140.................................................. 39.1200
39.141.................................................. 39.1201
39.142.................................................. 39.1202
39.143.................................................. 39.1203
------------------------------------------------------------------------
Sec. 39.1100 [Amended]
0
3. In newly redesignated Sec. 39.1100, in the last sentence, the words
``detailed in Sec. 39.19'' are removed.
0
4. In newly redesignated Sec. 39.1202(c), the words ``as set forth in
Sec. 39.19'' are removed.
[FR Doc. 05-11445 Filed 6-8-05; 8:45 am]
BILLING CODE 4310-02-M
