Heating, Cooling, and Lighting Standards for Bureau-Funded Dormitory Facilities, 30888-30891 [2012-12678]
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Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Rules and Regulations
final rule that appeared in the Federal
Register of May 3, 2012. (77 FR 26162).
The final rule provides manufacturers of
biological products greater flexibility, as
appropriate, and encourages use of the
most appropriate and state-of-the-art test
methods for assuring the safety of
biological products. The rule was
published with an inaccurate citation in
the codified section of the rule. This
notice corrects that error.
DATES: Effective June 4, 2012.
FOR FURTHER INFORMATION CONTACT: Paul
E. Levine, Jr., Center for Biologics
Evaluation and Research (HFM–17),
Food and Drug Administration, 1401
Rockville Pike, Suite 200N, Rockville,
MD 20852–1448, 301–827–6210.
SUPPLEMENTARY INFORMATION: In FR Doc.
2012–10649, appearing on page 26162
in the Federal Register of Thursday,
May 3, 2012, the following correction is
made:
§ 680.3
[Corrected]
1. On page 26175, in the second
column, in Part 680 Additional
Standards for Miscellaneous Products,
in § 680.3 Tests, paragraph (c), in line 4,
‘‘§ 601.12’’ is corrected to read
‘‘§ 610.12’’.
Dated: May 18, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012–12594 Filed 5–23–12; 8:45 a.m.]
BILLING CODE 4160–01–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 36
[Docket ID: BIA–2012–0001]
RIN 1076–AF10
Heating, Cooling, and Lighting
Standards for Bureau-Funded
Dormitory Facilities
Bureau of Indian Affairs,
Interior.
ACTION: Interim final rule with request
for comments.
AGENCY:
As required by the No Child
Left Behind Act of 2001, the Secretary
of the Interior has developed regulations
using negotiated rulemaking that
address heating, cooling, and lighting
standards for Bureau-funded dormitory
facilities. These regulations also make a
technical change to remove an obsolete
reference.
DATES: This rule is effective on May 24,
2012. Please submit written comments
by June 25, 2012. The incorporation by
srobinson on DSK4SPTVN1PROD with RULES
SUMMARY:
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reference of certain publications listed
in the regulations is approved by the
Director of the Federal Register as of
May 24, 2012.
ADDRESSES: You may submit comments
by any of the following methods:
—Federal rulemaking portal: https://
www.regulations.gov. The rule is
listed under the agency name ‘‘Bureau
of Indian Affairs.’’ The rule has been
assigned Docket ID: BIA–2012–0001.
If you would like to submit comments
through the Federal e-Rulemaking
Portal, go to www.regulations.gov and
do the following. Go to the box
entitled ‘‘Enter Keyword or ID,’’ type
in ‘‘BIA–2012–0001,’’ and click the
‘‘Search’’ button. The next screen will
display the Docket Search Results for
the rulemaking. If you click on BIA–
2012–0001, you can view this rule
and submit a comment. You can also
view any supporting material and any
comments submitted by others.
—Email: Regina.Gilbert@bia.gov.
Include the number 1076–AF10 in the
subject line of the message.
—Fax: (505) 563–3811. Include the
number 1076–AF10 in the subject line
of the message.
—Mail: Regina Gilbert, Office of
Regulatory Affairs & Collaborative
Action, U.S. Department of the
Interior, 1001 Indian School Road
NW., Suite 312, Albuquerque, NM
87104. Include the number 1076–
AF10 in the subject line of the
message.
—Hand delivery: Regina Gilbert, Office
of Regulatory Affairs & Collaborative
Action, U.S. Department of the
Interior, 1001 Indian School Road
NW., Suite 312, Albuquerque, NM
87104. Include the number 1076–
AF10 in the subject line of the
message.
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:
Regina Gilbert, Office of Regulatory
Affairs and Collaborative Action, Office
of the Assistant Secretary—Indian
Affairs, 1001 Indian School Road NW.,
Suite 312, Albuquerque, NM 87104;
telephone (505) 563–3805; fax (505)
563–3811.
SUPPLEMENTARY INFORMATION:
I. Background
II. Description of Changes
III. Procedural Requirements
A. Regulatory Planning and Review (E.O.
12866)
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B. Regulatory Flexibility Act
C. Small Business Regulatory Enforcement
Fairness Act
D. Unfunded Mandates Reform Act
E. Takings (E.O. 12630)
F. Federalism (E.O. 13132)
G. Civil Justice Reform (E.O. 12988)
H. Consultation With Indian Tribes (E.O.
13175)
I. Paperwork Reduction Act
J. National Environmental Policy Act
K. Information Quality Act
L. Effects on the Energy Supply (E.O.
13211)
M. Clarity of This Regulation
N. Public Availability of Comments
O. Determination To Allow Shortened
Public Comment Period
I. Background
The U.S. Government is responsible
for educating American Indian children.
This Federal duty is executed by the
Bureau of Indian Affairs within the
Department of the Interior. The Bureau
funds 183 schools serving American
Indian children. In part because of the
low population densities across much of
Indian country, a number of these
schools include dormitory (‘‘homeliving’’) facilities. Many of these schools
and associated facilities are in poor
physical condition.
The No Child Left Behind Act of 2001
(107 Pub. L. 110: 115 Stat. 1425) (Act)
included provisions intended to
improve the quality of education
provided at Bureau-funded schools, and
the physical condition of the school
facilities. The Act directed the Secretary
of the Interior to establish a negotiated
rulemaking committee, in accordance
with the provisions of the Negotiated
Rulemaking Act, to ensure maximum
contribution by the affected Indian
tribes in responding to the mandates of
the Act.
In 2003, the Secretary established a
negotiated rulemaking committee,
which held a series of meetings to
address the mandates of the Act (the
2003 committee). On April 28, 2005,
final rules developed by the 2003
committee were published in the
Federal Register, addressing six
components of the Act’s mandates:
defining adequate yearly progress;
establishing geographic attendance areas
for Bureau-funded schools; establishing
a formula for the minimum amount
necessary to fund Bureau-funded
schools; establishing a system of
uniform direct funding and support for
Bureau-operated schools; providing
guidelines to ensure the Constitutional
and civil rights of Indian students; and
establishing a method for administering
grants to tribally controlled schools. 70
FR 22178.
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Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Rules and Regulations
Another section of the Act, codified at
25 U.S.C. 2002, directed that:
the Secretary [of the Interior], in consultation
with the Secretary of Education, Indian
organizations and tribes, and Bureau-funded
schools, shall revise the national standards
for home-living (dormitory) situations to
include such factors as heating, lighting,
cooling, adult-child ratios, needs for
counselors (including special needs related
to off-reservation home-living (dormitory)
situations), therapeutic programs, space, and
privacy.
The 2003 committee promulgated
rules addressing some of the
components of section 2002, which
were published on December 5, 2007, at
72 FR 68491. However, the 2003
committee had previously announced
that:
srobinson on DSK4SPTVN1PROD with RULES
Standards relating to heating, cooling, and
lighting of dormitories for home-living
situations should be deferred for later
consideration by the negotiated rulemaking
committee charged with negotiating school
construction under section 1125 of the Act.
The Committee determined that it did not
have the necessary expertise to define
standards for these areas.
69 FR 41773, Monday, July 12, 2004.
The section of the Act referred to by
the 2003 committee in the passage
quoted above directs the Secretary to
form a negotiated rulemaking committee
specifically to collect information on the
physical condition of the Bureau-funded
school facilities, and submit reports to
the Secretary and to certain
Congressional committees regarding the
allocation of funds for the maintenance,
repair, and replacement of such
facilities. 25 U.S.C. 2005. To comply
with that mandate, the Secretary
chartered the No Child Left Behind
School Facilities and Construction
Negotiated Rulemaking Committee on
December 8, 2009 (the 2010 committee).
Membership of the 2010 committee was
published at 74 FR 65784 on December
11, 2009. The 2010 committee has held
seven meetings at locations around
Indian country through September 2011
to complete its work responding to the
mandates of 25 U.S.C. 2005. It has
drafted an interim final rule to complete
the work responding to the mandates of
25 U.S.C. 2002.
Responsibility for the maintenance,
repair, and replacement of Indian school
facilities rests with the Office of
Facilities Management and Construction
(OFMC), under the Assistant
Secretary—Indian Affairs. In designing
such facilities, OFMC complies with the
criteria set out in its ‘‘School Facilities
Design Handbook’’ (handbook) dated
March 30, 2007, which can be found at
www.bia.gov/WhoWeAre/AS-IA/ORM/
Rulemaking/index.htm. The handbook
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identifies the building and design codes
with which construction at Bureaufunded schools must comply.
II. Description of Changes
The 2010 committee determined, by
consensus, that the codes and standards
identified in the handbook respecting
heating, ventilation, air conditioning,
and lighting are appropriate for homeliving (dormitory) situations at Bureaufunded Indian education facilities.
Therefore, the regulations being
published today:
• Make the building and design codes
identified in the handbook mandatory
for Bureau-funded Indian education
dormitories;
• Require the Bureau to give the
public notice and an opportunity to
comment on any proposal to change
which standard building codes are
incorporated in the handbook; and
• Make a technical change to remove
reference to subpart H, which is no
longer in existence, and replace with a
reference to subpart G.
III. Procedural Requirements
A. Regulatory Planning and Review
(E.O. 12866)
This interim final rule is not a
significant rule and the Office of
Management and Budget has not
reviewed this rule under Executive
Order 12866. This rule implements
statutory requirements to revise the
national standards for home-living
(dormitory) situations to include such
factors as heating, lighting, and cooling.
Such standards shall be implemented in
Bureau-operated schools, and shall
serve as minimum standards for
contract or grant schools.
This rule also makes a technical
correction. On April 28, 2005, at 70 FR
21951, subpart H was deleted, and the
home-living regulations were placed in
subpart G. Therefore, a technical
correction is needed to correct the
reference of subpart H to subpart G.
1. This rule will not have an effect of
$100 million or more on the economy or
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. This rule
will have no effect on the economy
because it merely establishes the
minimum standards for national criteria
for home-living situations.
2. This rule will not create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency because the Department
is the only agency with Bureau-operated
schools. This rule will affect tribes that
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30889
operate schools that are contract or grant
schools by following the minimum
requirements for all new construction,
major alterations and improvements,
and minor remodeling of facilities.
3. This rule does not involve
entitlements, grants, user fees, or loan
programs or the rights or obligations of
recipients. The revisions have no
budgetary effects and do not affect the
rights or obligations of any recipients.
4. These regulatory changes directly
implement statutory provisions and do
not raise novel legal or policy issues.
Overall, the impact of the rule is
limited to Bureau-operated schools, and
tribes that operate schools that are
contract or grant schools. Accordingly,
this rule is not a ‘‘significant regulatory
action’’ from an economic standpoint,
nor does it otherwise create any
inconsistencies, materially alter any
budgetary impacts, or raise novel legal
or policy issues.
B. 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 Regulatory Flexibility Act (5
U.S.C. 601 et seq.). It does not change
current funding requirements or
regulate small entities.
C. Small Business Regulatory
Enforcement Fairness Act
This interim final rule is not a major
rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement
Fairness Act. It will not result in the
expenditure by State, local, or tribal
governments, in the aggregate, or by the
private sector of $100 million or more
in any one year. Because the standards
in this rule are already being met in
practice, it will not result in a major
increase in costs or prices for
consumers, individual industries,
Federal, State, or local government
agencies, or geographic regions. Nor will
this rule have significant adverse effects
on competition, employment,
investment, productivity, innovation, or
the ability of the U.S.-based enterprises
to compete with foreign-based
enterprises.
D. Unfunded Mandates Reform Act
This interim 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. 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
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Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Rules and Regulations
Unfunded Mandates Reform Act (2
U.S.C. 1531 et seq.) is not required.
required by the No Child Left Behind
Act of 2001.
E. Takings (E.O. 12630)
Under the criteria in Executive Order
12630, this interim final rule does not
affect individual property rights
protected by the Fifth Amendment nor
does it involve a compensable ‘‘taking.’’
A takings implication assessment is not
required.
I. Paperwork Reduction Act
F. Federalism (E.O. 13132)
Under the criteria in Executive Order
13132, this interim final rule has no
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. This rule
implements a statutory requirement in
Public Law 107–110, which requires
national standards for home-living
(dormitory) situations to include such
factors as heating, lighting, and cooling.
This Federal rule affects Bureauoperated schools and tribes that operate
schools that are contract or grant
schools by following the minimum
requirements for all new construction,
major alterations and improvements,
and minor remodeling of facilities.
Because the rule does not affect the
Federal government’s relationship to the
States or the balance of power and
responsibilities among various levels of
government, it will not have sufficient
federalism implications to warrant the
preparation of a federalism summary
impact statement.
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G. Civil Justice Reform (E.O. 12988)
This interim final rule complies with
the requirements of Executive Order
12988. Specifically, this rule has been
reviewed to eliminate errors and
ambiguity and written to minimize
litigation; and is written in clear
language and contains clear legal
standards.
H. Consultation With Indian Tribes
(E.O. 13175)
In accordance with the President’s
memorandum of April 29, 1994,
‘‘Government-to-Government Relations
with Native American Tribal
Governments,’’ Executive Order 13175
(59 FR 22951, November 6, 2000), and
512 DM 2, we have evaluated the
potential effects on federally recognized
Indian tribes and Indian trust assets and
have identified potential effects. The
Department engaged tribal government
representatives throughout the
development of this interim final rule
through the establishment of the
negotiated rulemaking committee, as
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This interim final rule does not
require any information to be collected.
Therefore, the Paperwork Reduction Act
is not required.
J. National Environmental Policy Act
This interim final rule does not
constitute a major Federal action
significantly affecting the quality of the
human environment.
K. Information Quality Act
In developing this interim final rule
we did not conduct or use a study,
experiment, or survey requiring peer
review under the Information Quality
Act (Pub. L. 106–554).
L. Effects on the Energy Supply (E.O.
13211)
This interim final rule is not a
significant energy action under the
definition in Executive Order 13211. A
Statement of Energy Effects is not
required.
M. 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 us comments by one
of the methods listed in the
‘‘COMMENTS’’ 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 are unclearly written, which
sections or sentences are too long, the
sections where you believe lists or
tables would be useful, etc.
N. Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
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information from public review, we
cannot guarantee that we will be able to
do so.
O. Required Determinations Under the
Administrative Procedure Act
We are publishing this interim final
rule with a request for comment without
prior notice and comment, as allowed
under 5 U.S.C. 553(b)(B).
Under section 553(b)(B), we find that
prior notice and comment are
unnecessary and would be contrary to
the public interest. This rule codifies
standards applicable to school facilities.
The 2010 committee wrote this rule
after consultation with tribes and to
meet the needs of the Bureau-funded
dormitory facilities. Delay in publishing
this rule could lead to uncertainty about
which standards are appropriate for
heating, cooling, and lighting in
residential facilities, which could lead
to substandard living conditions, health
problems, and other serious
consequences. Delaying the rule by
publication of a proposed rule would
therefore be contrary to the public
interest.
As allowed under 5 U.S.C. 553(d)(3),
the effective date of this rule is the date
of publication in the Federal Register.
Good cause for an immediate effective
date exists because immediate
availability of the standards that the rule
requires will eliminate uncertainty
about facility requirements and will
avoid problems that could result from
substandard facilities, as discussed
above.
We have requested comments on this
interim final rule. We will review any
comments received and, by a future
publication in the Federal Register,
address any comments received and
either confirm the interim final rule
with or without change or initiate a
proposed rulemaking.
List of Subjects in 25 CFR Part 36
Educational facilities, Incorporation
by reference, Indians—education,
School construction.
For the reasons given in the preamble,
the Department of the Interior amends
25 CFR part 36 as follows:
PART 36—MINIMUM ACADEMIC
STANDARDS FOR THE BASIC
EDUCATION OF INDIAN CHILDREN
AND NATIONAL CRITERIA FOR
DORMITORY SITUATIONS
1. The authority for part 36 continues
to read as follows:
■
Authority: Section 502, 25 U.S.C. 2001;
section 5101, 25 U.S.C. 2001; Section 1101,
25 U.S.C. 2002; 5 U.S.C. 301; 25 U.S.C. 2 and
9; 25 U.S.C. 2901, Title I of Pub. L. 101–477.
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Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Rules and Regulations
■
2. Revise § 36.2 to read as follows:
§ 36.2
Applicability.
The national criteria for dormitory
situations established under subpart G
serve as a minimum requirement and
are mandatory for all Bureau-operated
and Indian-controlled contract schools.
■
srobinson on DSK4SPTVN1PROD with RULES
§ 36.104 What are the requirements for
heating, ventilation, cooling and lighting at
dormitories?
(a) All dormitories must be designed
to meet or exceed the standards for
heating, ventilation, cooling, and
lighting set out in the building codes in
the Bureau of Indian Affairs ‘‘School
Facilities Design Handbook,’’ dated
March 30, 2007, written and published
by the Bureau of Indian Affairs Office of
Facilities Management and
Construction. The Director of the
Federal Register has approved this
incorporation by reference in
accordance with 5 U.S.C. 552(a). To
enforce any edition other than that
specified in this section, the Bureau of
Indian Affairs must publish notice of
change in the Federal Register and the
material must be available to the public
(1) You may obtain a copy of the
Handbook at https://www.bia.gov/cs/
groups/xraca/documents/text/
idc008030.pdf. You can get answers to
your questions from the Bureau of
Indian Affairs Office of Facilities
Management and Construction at: 1011
Indian School Road NW., Suite 335,
Albuquerque, NM 87103; email:
OFECT@bia.gov; Web site: https://
www.bia.gov/WhoWeAre/AS-IA/
OFECR/index.htm.
(2) You may inspect the Handbook at
the Department of the Interior Library,
Main Interior Building, 1849 C Street
NW., Room 1151, Washington, DC
20240; telephone: (202) 208–3796. It is
also available for inspection 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.
(b) If an existing dormitory does not
comply with the standards in paragraph
(a) of this section, we will classify the
discrepancy as ‘‘deferred capital
maintenance’’ for purposes of
prioritizing correction of the
discrepancy.
(c) The Bureau must publish in the
Federal Register any proposal to change
which building codes are included in
the Bureau of Indian Affairs ‘‘School
Facilities Design Handbook’’ or any
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Dated: February 3, 2012.
Larry Echo Hawk,
Assistant Secretary—Indian Affairs.
[FR Doc. 2012–12678 Filed 5–23–12; 8:45 a.m.]
BILLING CODE 4310–W7–P
2. Add § 36.104 to read as follows:
VerDate Mar<15>2010
successor document, and allow 120
days for public comment and
consultation.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2009–0996]
Hydroplane Races Within the Captain
of the Port Puget Sound Area of
Responsibility
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the Special Local Regulation for
Hydroplane Races within the Captain of
the Port Puget Sound Area of
Responsibility for the Tastin’ n’ Racin’
hydroplane event in Lake Sammamish,
WA on June 9th and 10th, 2012. This
action is necessary to restrict vessel
movement in the vicinity of the race
courses thereby ensuring the safety of
participants and spectators during these
events. During the enforcement period
non-participant vessels are prohibited
from entering the designated race areas.
Spectator craft entering, exiting or
moving within the spectator area must
operate at speeds which will create a
minimum wake.
DATES: The regulations in 33 CFR
100.1308 will be enforced from 9 a.m.
through 6 p.m. on June 9, 2012 and from
9 a.m. through 6 p.m. on June 10, 2012.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or email Ensign Anthony P. LaBoy,
Sector Puget Sound Waterways
Management Division, Coast Guard;
telephone 206–217–6323, email
SectorPugetSoundWWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard is providing notice of
enforcement of the Special Local
Regulation for Hydroplane Races within
the Captain of the Port Puget Sound
Area of Responsibility 33 CFR 100.1308.
The Lake Sammamish area, 33 CFR
100.1308(a)(3) will be enforced on June
9, 2012, from 9 a.m. to 6 p.m. and on
June 10, 2012 from 9 a.m. to 6 p.m.
These regulations can be found in the
March 29, 2011 issue of the Federal
Register (76 FR 17341).
SUMMARY:
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30891
Under the provisions of 33 CFR
100.1308, the regulated area shall be
closed for the duration of the event to
all vessel traffic not participating in the
event and authorized by the event
sponsor or Coast Guard Patrol
Commander.
When this special local regulation is
enforced, non-participant vessels are
prohibited from entering the designated
race areas unless authorized by the
designated on-scene Patrol Commander.
Spectator craft may remain in
designated spectator areas but must
follow the directions of the designated
on-scene Patrol Commander. The event
sponsor may also function as the
designated on-scene Patrol Commander.
Spectator craft entering, exiting or
moving within the spectator area must
operate at speeds which will create a
minimum wake.
Emergency Signaling: A succession of
sharp, short signals by whistle or horn
from vessels patrolling the areas under
the discretion of the designated onscene Patrol Commander shall serve as
a signal to stop. Vessels signaled shall
stop and shall comply with the orders
of the patrol vessel. Failure to do so may
result in expulsion from the area,
citation for failure to comply, or both.
This notice is issued under authority
of 33 CFR 100.1308 and 5 U.S.C. 552(a).
In addition to this notice in the Federal
Register, the Coast Guard will provide
the maritime community with advance
notification of this enforcement period
via the Local Notice to Mariners. If the
Captain of the Port determines that the
regulated area need not be enforced for
the full duration stated in this notice, he
may use a Broadcast Notice to Mariners
to grant general permission to enter the
regulated area.
Dated: May 13, 2012.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 2012–12595 Filed 5–23–12; 8:45 a.m.]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket No. USCG–2012–0350]
Special Local Regulations and Safety
Zones; Recurring Events in Northern
New England
Coast Guard, DHS.
Notice of enforcement of
regulations.
AGENCY:
ACTION:
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]]>Agencies
[Federal Register Volume 77, Number 101 (Thursday, May 24, 2012)]
[Rules and Regulations]
[Pages 30888-30891]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12678]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 36
[Docket ID: BIA-2012-0001]
RIN 1076-AF10
Heating, Cooling, and Lighting Standards for Bureau-Funded
Dormitory Facilities
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Interim final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: As required by the No Child Left Behind Act of 2001, the
Secretary of the Interior has developed regulations using negotiated
rulemaking that address heating, cooling, and lighting standards for
Bureau-funded dormitory facilities. These regulations also make a
technical change to remove an obsolete reference.
DATES: This rule is effective on May 24, 2012. Please submit written
comments by June 25, 2012. The incorporation by reference of certain
publications listed in the regulations is approved by the Director of
the Federal Register as of May 24, 2012.
ADDRESSES: You may submit comments by any of the following methods:
--Federal rulemaking portal: https://www.regulations.gov. The rule is
listed under the agency name ``Bureau of Indian Affairs.'' The rule has
been assigned Docket ID: BIA-2012-0001. If you would like to submit
comments through the Federal e-Rulemaking Portal, go to
www.regulations.gov and do the following. Go to the box entitled
``Enter Keyword or ID,'' type in ``BIA-2012-0001,'' and click the
``Search'' button. The next screen will display the Docket Search
Results for the rulemaking. If you click on BIA-2012-0001, you can view
this rule and submit a comment. You can also view any supporting
material and any comments submitted by others.
--Email: Regina.Gilbert@bia.gov. Include the number 1076-AF10 in the
subject line of the message.
--Fax: (505) 563-3811. Include the number 1076-AF10 in the subject line
of the message.
--Mail: Regina Gilbert, Office of Regulatory Affairs & Collaborative
Action, U.S. Department of the Interior, 1001 Indian School Road NW.,
Suite 312, Albuquerque, NM 87104. Include the number 1076-AF10 in the
subject line of the message.
--Hand delivery: Regina Gilbert, Office of Regulatory Affairs &
Collaborative Action, U.S. Department of the Interior, 1001 Indian
School Road NW., Suite 312, Albuquerque, NM 87104. Include the number
1076-AF10 in the subject line of the message.
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: Regina Gilbert, Office of Regulatory
Affairs and Collaborative Action, Office of the Assistant Secretary--
Indian Affairs, 1001 Indian School Road NW., Suite 312, Albuquerque, NM
87104; telephone (505) 563-3805; fax (505) 563-3811.
SUPPLEMENTARY INFORMATION:
I. Background
II. Description of Changes
III. Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866)
B. Regulatory Flexibility Act
C. Small Business Regulatory Enforcement Fairness Act
D. Unfunded Mandates Reform Act
E. Takings (E.O. 12630)
F. Federalism (E.O. 13132)
G. Civil Justice Reform (E.O. 12988)
H. Consultation With Indian Tribes (E.O. 13175)
I. Paperwork Reduction Act
J. National Environmental Policy Act
K. Information Quality Act
L. Effects on the Energy Supply (E.O. 13211)
M. Clarity of This Regulation
N. Public Availability of Comments
O. Determination To Allow Shortened Public Comment Period
I. Background
The U.S. Government is responsible for educating American Indian
children. This Federal duty is executed by the Bureau of Indian Affairs
within the Department of the Interior. The Bureau funds 183 schools
serving American Indian children. In part because of the low population
densities across much of Indian country, a number of these schools
include dormitory (``home-living'') facilities. Many of these schools
and associated facilities are in poor physical condition.
The No Child Left Behind Act of 2001 (107 Pub. L. 110: 115 Stat.
1425) (Act) included provisions intended to improve the quality of
education provided at Bureau-funded schools, and the physical condition
of the school facilities. The Act directed the Secretary of the
Interior to establish a negotiated rulemaking committee, in accordance
with the provisions of the Negotiated Rulemaking Act, to ensure maximum
contribution by the affected Indian tribes in responding to the
mandates of the Act.
In 2003, the Secretary established a negotiated rulemaking
committee, which held a series of meetings to address the mandates of
the Act (the 2003 committee). On April 28, 2005, final rules developed
by the 2003 committee were published in the Federal Register,
addressing six components of the Act's mandates: defining adequate
yearly progress; establishing geographic attendance areas for Bureau-
funded schools; establishing a formula for the minimum amount necessary
to fund Bureau-funded schools; establishing a system of uniform direct
funding and support for Bureau-operated schools; providing guidelines
to ensure the Constitutional and civil rights of Indian students; and
establishing a method for administering grants to tribally controlled
schools. 70 FR 22178.
[[Page 30889]]
Another section of the Act, codified at 25 U.S.C. 2002, directed
that:
the Secretary [of the Interior], in consultation with the Secretary
of Education, Indian organizations and tribes, and Bureau-funded
schools, shall revise the national standards for home-living
(dormitory) situations to include such factors as heating, lighting,
cooling, adult-child ratios, needs for counselors (including special
needs related to off-reservation home-living (dormitory)
situations), therapeutic programs, space, and privacy.
The 2003 committee promulgated rules addressing some of the
components of section 2002, which were published on December 5, 2007,
at 72 FR 68491. However, the 2003 committee had previously announced
that:
Standards relating to heating, cooling, and lighting of
dormitories for home-living situations should be deferred for later
consideration by the negotiated rulemaking committee charged with
negotiating school construction under section 1125 of the Act. The
Committee determined that it did not have the necessary expertise to
define standards for these areas.
69 FR 41773, Monday, July 12, 2004.
The section of the Act referred to by the 2003 committee in the
passage quoted above directs the Secretary to form a negotiated
rulemaking committee specifically to collect information on the
physical condition of the Bureau-funded school facilities, and submit
reports to the Secretary and to certain Congressional committees
regarding the allocation of funds for the maintenance, repair, and
replacement of such facilities. 25 U.S.C. 2005. To comply with that
mandate, the Secretary chartered the No Child Left Behind School
Facilities and Construction Negotiated Rulemaking Committee on December
8, 2009 (the 2010 committee). Membership of the 2010 committee was
published at 74 FR 65784 on December 11, 2009. The 2010 committee has
held seven meetings at locations around Indian country through
September 2011 to complete its work responding to the mandates of 25
U.S.C. 2005. It has drafted an interim final rule to complete the work
responding to the mandates of 25 U.S.C. 2002.
Responsibility for the maintenance, repair, and replacement of
Indian school facilities rests with the Office of Facilities Management
and Construction (OFMC), under the Assistant Secretary--Indian Affairs.
In designing such facilities, OFMC complies with the criteria set out
in its ``School Facilities Design Handbook'' (handbook) dated March 30,
2007, which can be found at www.bia.gov/WhoWeAre/AS-IA/ORM/Rulemaking/index.htm. The handbook identifies the building and design codes with
which construction at Bureau-funded schools must comply.
II. Description of Changes
The 2010 committee determined, by consensus, that the codes and
standards identified in the handbook respecting heating, ventilation,
air conditioning, and lighting are appropriate for home-living
(dormitory) situations at Bureau-funded Indian education facilities.
Therefore, the regulations being published today:
Make the building and design codes identified in the
handbook mandatory for Bureau-funded Indian education dormitories;
Require the Bureau to give the public notice and an
opportunity to comment on any proposal to change which standard
building codes are incorporated in the handbook; and
Make a technical change to remove reference to subpart H,
which is no longer in existence, and replace with a reference to
subpart G.
III. Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866)
This interim final rule is not a significant rule and the Office of
Management and Budget has not reviewed this rule under Executive Order
12866. This rule implements statutory requirements to revise the
national standards for home-living (dormitory) situations to include
such factors as heating, lighting, and cooling. Such standards shall be
implemented in Bureau-operated schools, and shall serve as minimum
standards for contract or grant schools.
This rule also makes a technical correction. On April 28, 2005, at
70 FR 21951, subpart H was deleted, and the home-living regulations
were placed in subpart G. Therefore, a technical correction is needed
to correct the reference of subpart H to subpart G.
1. This rule will not have an effect of $100 million or more on the
economy or 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. This
rule will have no effect on the economy because it merely establishes
the minimum standards for national criteria for home-living situations.
2. This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency because the
Department is the only agency with Bureau-operated schools. This rule
will affect tribes that operate schools that are contract or grant
schools by following the minimum requirements for all new construction,
major alterations and improvements, and minor remodeling of facilities.
3. This rule does not involve entitlements, grants, user fees, or
loan programs or the rights or obligations of recipients. The revisions
have no budgetary effects and do not affect the rights or obligations
of any recipients.
4. These regulatory changes directly implement statutory provisions
and do not raise novel legal or policy issues.
Overall, the impact of the rule is limited to Bureau-operated
schools, and tribes that operate schools that are contract or grant
schools. Accordingly, this rule is not a ``significant regulatory
action'' from an economic standpoint, nor does it otherwise create any
inconsistencies, materially alter any budgetary impacts, or raise novel
legal or policy issues.
B. 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 Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
It does not change current funding requirements or regulate small
entities.
C. Small Business Regulatory Enforcement Fairness Act
This interim final rule is not a major rule under 5 U.S.C. 804(2),
the Small Business Regulatory Enforcement Fairness Act. It will not
result in the expenditure by State, local, or tribal governments, in
the aggregate, or by the private sector of $100 million or more in any
one year. Because the standards in this rule are already being met in
practice, it will not result in a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions. Nor will this rule have significant
adverse effects on competition, employment, investment, productivity,
innovation, or the ability of the U.S.-based enterprises to compete
with foreign-based enterprises.
D. Unfunded Mandates Reform Act
This interim 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. 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
[[Page 30890]]
Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required.
E. Takings (E.O. 12630)
Under the criteria in Executive Order 12630, this interim final
rule does not affect individual property rights protected by the Fifth
Amendment nor does it involve a compensable ``taking.'' A takings
implication assessment is not required.
F. Federalism (E.O. 13132)
Under the criteria in Executive Order 13132, this interim final
rule has no substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. This rule implements a statutory requirement in Public Law
107-110, which requires national standards for home-living (dormitory)
situations to include such factors as heating, lighting, and cooling.
This Federal rule affects Bureau-operated schools and tribes that
operate schools that are contract or grant schools by following the
minimum requirements for all new construction, major alterations and
improvements, and minor remodeling of facilities.
Because the rule does not affect the Federal government's
relationship to the States or the balance of power and responsibilities
among various levels of government, it will not have sufficient
federalism implications to warrant the preparation of a federalism
summary impact statement.
G. Civil Justice Reform (E.O. 12988)
This interim final rule complies with the requirements of Executive
Order 12988. Specifically, this rule has been reviewed to eliminate
errors and ambiguity and written to minimize litigation; and is written
in clear language and contains clear legal standards.
H. Consultation With Indian Tribes (E.O. 13175)
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments,'' Executive Order 13175 (59 FR 22951, November 6, 2000),
and 512 DM 2, we have evaluated the potential effects on federally
recognized Indian tribes and Indian trust assets and have identified
potential effects. The Department engaged tribal government
representatives throughout the development of this interim final rule
through the establishment of the negotiated rulemaking committee, as
required by the No Child Left Behind Act of 2001.
I. Paperwork Reduction Act
This interim final rule does not require any information to be
collected. Therefore, the Paperwork Reduction Act is not required.
J. National Environmental Policy Act
This interim final rule does not constitute a major Federal action
significantly affecting the quality of the human environment.
K. Information Quality Act
In developing this interim final rule we did not conduct or use a
study, experiment, or survey requiring peer review under the
Information Quality Act (Pub. L. 106-554).
L. Effects on the Energy Supply (E.O. 13211)
This interim final rule is not a significant energy action under
the definition in Executive Order 13211. A Statement of Energy Effects
is not required.
M. 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 us
comments by one of the methods listed in the ``COMMENTS'' 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 are unclearly written, which sections or sentences
are too long, the sections where you believe lists or tables would be
useful, etc.
N. Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
O. Required Determinations Under the Administrative Procedure Act
We are publishing this interim final rule with a request for
comment without prior notice and comment, as allowed under 5 U.S.C.
553(b)(B).
Under section 553(b)(B), we find that prior notice and comment are
unnecessary and would be contrary to the public interest. This rule
codifies standards applicable to school facilities. The 2010 committee
wrote this rule after consultation with tribes and to meet the needs of
the Bureau-funded dormitory facilities. Delay in publishing this rule
could lead to uncertainty about which standards are appropriate for
heating, cooling, and lighting in residential facilities, which could
lead to substandard living conditions, health problems, and other
serious consequences. Delaying the rule by publication of a proposed
rule would therefore be contrary to the public interest.
As allowed under 5 U.S.C. 553(d)(3), the effective date of this
rule is the date of publication in the Federal Register. Good cause for
an immediate effective date exists because immediate availability of
the standards that the rule requires will eliminate uncertainty about
facility requirements and will avoid problems that could result from
substandard facilities, as discussed above.
We have requested comments on this interim final rule. We will
review any comments received and, by a future publication in the
Federal Register, address any comments received and either confirm the
interim final rule with or without change or initiate a proposed
rulemaking.
List of Subjects in 25 CFR Part 36
Educational facilities, Incorporation by reference, Indians--
education, School construction.
For the reasons given in the preamble, the Department of the
Interior amends 25 CFR part 36 as follows:
PART 36--MINIMUM ACADEMIC STANDARDS FOR THE BASIC EDUCATION OF
INDIAN CHILDREN AND NATIONAL CRITERIA FOR DORMITORY SITUATIONS
0
1. The authority for part 36 continues to read as follows:
Authority: Section 502, 25 U.S.C. 2001; section 5101, 25 U.S.C.
2001; Section 1101, 25 U.S.C. 2002; 5 U.S.C. 301; 25 U.S.C. 2 and 9;
25 U.S.C. 2901, Title I of Pub. L. 101-477.
[[Page 30891]]
0
2. Revise Sec. 36.2 to read as follows:
Sec. 36.2 Applicability.
The national criteria for dormitory situations established under
subpart G serve as a minimum requirement and are mandatory for all
Bureau-operated and Indian-controlled contract schools.
0
2. Add Sec. 36.104 to read as follows:
Sec. 36.104 What are the requirements for heating, ventilation,
cooling and lighting at dormitories?
(a) All dormitories must be designed to meet or exceed the
standards for heating, ventilation, cooling, and lighting set out in
the building codes in the Bureau of Indian Affairs ``School Facilities
Design Handbook,'' dated March 30, 2007, written and published by the
Bureau of Indian Affairs Office of Facilities Management and
Construction. The Director of the Federal Register has approved this
incorporation by reference in accordance with 5 U.S.C. 552(a). To
enforce any edition other than that specified in this section, the
Bureau of Indian Affairs must publish notice of change in the Federal
Register and the material must be available to the public
(1) You may obtain a copy of the Handbook at https://www.bia.gov/cs/groups/xraca/documents/text/idc008030.pdf. You can get answers to your
questions from the Bureau of Indian Affairs Office of Facilities
Management and Construction at: 1011 Indian School Road NW., Suite 335,
Albuquerque, NM 87103; email: OFECT@bia.gov; Web site: https://www.bia.gov/WhoWeAre/AS-IA/OFECR/index.htm.
(2) You may inspect the Handbook at the Department of the Interior
Library, Main Interior Building, 1849 C Street NW., Room 1151,
Washington, DC 20240; telephone: (202) 208-3796. It is also available
for inspection 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.
(b) If an existing dormitory does not comply with the standards in
paragraph (a) of this section, we will classify the discrepancy as
``deferred capital maintenance'' for purposes of prioritizing
correction of the discrepancy.
(c) The Bureau must publish in the Federal Register any proposal to
change which building codes are included in the Bureau of Indian
Affairs ``School Facilities Design Handbook'' or any successor
document, and allow 120 days for public comment and consultation.
Dated: February 3, 2012.
Larry Echo Hawk,
Assistant Secretary--Indian Affairs.
[FR Doc. 2012-12678 Filed 5-23-12; 8:45 a.m.]
BILLING CODE 4310-W7-P
