Tribal Transportation Program; Delay of Compliance Date, 50312-50313 [2017-23663]

Download as PDF 50312 Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Rules and Regulations DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs 25 CFR Part 170 [178A2100DD/AAKC001030/ A0A501010.999900 253G] RIN 1076–AF38 Tribal Transportation Program; Delay of Compliance Date Bureau of Indian Affairs, Interior. ACTION: Interim final rule. AGENCY: This interim final rule updates the Tribal Transportation Program regulations published in 2016 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 31, 2017. Submit comments by November 30, 2017. Compliance with § 170.443 for proposed roads currently in the NTTFI to remain in the inventory is required by November 7, 2019. ADDRESSES: You may submit comments by either: (1) Federal rulemaking portal www.regulations.gov (the rule is listed under the agency name ‘‘Bureau of Indian Affairs’’); or (2) Mail, Hand Delivery, or Courier to: 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 FURTHER INFORMATION CONTACT: Mr. LeRoy Gishi, Division of Transportation, Office of Indian Services, Bureau of Indian Affairs, (202) 513–7711, leroy.gishi@bia.gov. SUPPLEMENTARY INFORMATION: ethrower on DSK3G9T082PROD with RULES SUMMARY: I. Summary of Rule Regulations governing the Tribal Transportation Program published last year. See 81 FR 78456 (November 7, 2016). The regulations became effective on December 7, 2016, except for § 170.443, which required Tribes’ compliance one year later: on November 7, 2017. 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 § 170.443. The rule delays the current November 7, 2017, deadline for compliance with that VerDate Sep<11>2014 15:53 Oct 30, 2017 Jkt 244001 section to November 7, 2019. This delay will allow the Bureau of Indian Affairs time to reexamine the need for this data collected in the NTTFI and consult with Tribes on whether revision or deletion of the data collection requirements in § 170.443 is appropriate. The Bureau of Indian Affairs finds that there is good cause to 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. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 (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-togovernment regulations with Indian Tribes through a commitment to consultation with Indian Tribes and recognition of their right to selfgovernance and Tribal sovereignty. We E:\FR\FM\31OCR1.SGM 31OCR1 Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Rules and Regulations 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. too long, the sections where you think lists or tables would be useful, etc. I. Paperwork Reduction Act 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: 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. ethrower on DSK3G9T082PROD with RULES 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 15:53 Oct 30, 2017 Jkt 244001 This rule is not an E.O. 13771 regulatory action because this rule is not significant under E.O. 12866. List of Subjects in 25 CFR Part 170 PART 170—TRIBAL TRANSPORATION PROGRAM 1. The authority citation 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. 2. In § 170.443, revise paragraph (b) to read as follows: ■ § 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 (a)(8) of this section, must be completed and submitted for approval to BIA and FHWA by November 7, 2019, in order to remain on the inventory. Dated: October 6, 2017. John Tahsuda, Acting Assistant Secretary—Indian Affairs. L. Clarity of This Regulation VerDate Sep<11>2014 M. E.O. 13771: Reducing Regulation and Controlling Regulatory Costs [FR Doc. 2017–23663 Filed 10–30–17; 8:45 am] BILLING CODE 4337–15–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Part 594 Global Terrorism Sanctions Regulations Office of Foreign Assets Control, Treasury. ACTION: Final rule. AGENCY: The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is amending the Global Terrorism Sanctions Regulations pursuant to a provision of the Countering America’s Adversaries Through Sanctions Act of 2017. This provision requires the imposition of certain terrorism-related sanctions with SUMMARY: PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 50313 respect to foreign persons that are officials, agents, or affiliates of Iran’s Islamic Revolutionary Guard Corps. DATES: Effective: October 31, 2017. FOR FURTHER INFORMATION CONTACT: The Department of the Treasury’s Office of Foreign Assets Control: Assistant Director for Licensing, tel.: 202–622– 2480, Assistant Director for Regulatory Affairs, tel.: 202–622–4855, Assistant Director for Sanctions Compliance & Evaluation, tel.: 202–622–2490; or the Department of the Treasury’s Office of the Chief Counsel (Foreign Assets Control), Office of the General Counsel, tel.: 202–622–2410. SUPPLEMENTARY INFORMATION: Electronic Availability This document and additional information concerning OFAC are available from OFAC’s Web site (www.treasury.gov/ofac). Background On June 6, 2003, OFAC issued the Global Terrorism Sanctions Regulations, 31 CFR part 594 (the ‘‘Regulations’’) (68 FR 34196, June 6, 2003), to implement Executive Order 13224 of September 23, 2001 (66 FR 49079, September 25, 2001) (E.O. 13224). OFAC has amended the Regulations on several occasions. Today, OFAC is amending the Regulations pursuant to section 105 of the Countering America’s Adversaries Through Sanctions Act of 2017, Public Law 115–44, Aug. 2, 2017, 131 Stat. 886 (22 U.S.C. 9401 et seq.) (CAATSA). CAATSA. The President signed CAATSA into law on August 2, 2017. Section 105 of CAATSA requires the President to impose the sanctions applicable with respect to a foreign person pursuant to E.O. 13224 on Iran’s Islamic Revolutionary Guard Corps (IRGC) and foreign persons that are officials, agents, or affiliates of the IRGC. Such sanctions must be imposed beginning on the date that is 90 days after enactment of CAATSA, which is October 31, 2017. Section 111(b) of CAATSA provides that the President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out the purposes of CAATSA. Pursuant to Presidential Memorandum of October 11, 2017: Delegation of Certain Functions and Authorities under the Countering America’s Adversaries Through Sanctions Act of 2017, the President delegated to the Secretary of State and the Secretary of the Treasury the functions and authorities vested in the President by section 105(b) of CAATSA E:\FR\FM\31OCR1.SGM 31OCR1

Agencies

[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)]
[Rules and Regulations]
[Pages 50312-50313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23663]



[[Page 50312]]

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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 170

[178A2100DD/AAKC001030/A0A501010.999900 253G]
RIN 1076-AF38


Tribal Transportation Program; Delay of Compliance Date

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Interim final rule.

-----------------------------------------------------------------------

SUMMARY: This interim final rule updates the Tribal Transportation 
Program regulations published in 2016 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 31, 2017. Submit comments by 
November 30, 2017. Compliance with Sec.  170.443 for proposed roads 
currently in the NTTFI to remain in the inventory is required by 
November 7, 2019.

ADDRESSES: You may submit comments by either: (1) Federal rulemaking 
portal www.regulations.gov (the rule is listed under the agency name 
``Bureau of Indian Affairs''); or (2) Mail, Hand Delivery, or Courier 
to: 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 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 published 
last year. See 81 FR 78456 (November 7, 2016). The regulations became 
effective on December 7, 2016, except for Sec.  170.443, which required 
Tribes' compliance one year later: on November 7, 2017. 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, 2017, deadline for 
compliance with that section to November 7, 2019. This delay will allow 
the Bureau of Indian Affairs time to reexamine the need for this data 
collected in the NTTFI and consult with Tribes on 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 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

[[Page 50313]]

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.

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 TRANSPORATION PROGRAM

0
1. The authority citation 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.

0
2. In Sec.  170.443, revise paragraph (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 (a)(8) of 
this section, must be completed and submitted for approval to BIA and 
FHWA by November 7, 2019, in order to remain on the inventory.

    Dated: October 6, 2017.
John Tahsuda,
Acting Assistant Secretary--Indian Affairs.
[FR Doc. 2017-23663 Filed 10-30-17; 8:45 am]
 BILLING CODE 4337-15-P