Rights-of-Way on Indian Land; Bond Exemption, 34802-34804 [2018-15680]

Download as PDF 34802 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Proposed Rules Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ Bombardier, Inc.: Docket No. FAA–2018– 0635; Product Identifier 2017–NM–183– AD. (a) Comments Due Date We must receive comments by September 6, 2018. (b) Affected ADs None. (c) Applicability This AD applies to Bombardier, Inc., Model DHC–8–102, –103, –106, –201, –202, –301, –311, and –315 airplanes, certificated in any category, serial numbers 003 through 540 inclusive, on which Bombardier Service Bulletin 8–74–02, dated March 3, 2000; or Revision A, dated January 27, 2014; has been accomplished concurrently with or after accomplishment of Bombardier Service Bulletin 8–76–35 or 8–76–24. (d) Subject Air Transport Association (ATA) of America Code 74, Ignition; 76, Engine Controls. (j) Related Information (e) Reason This AD was prompted by a report that a certain modification to the auto relight system is incompatible with a certain beta lockout system modification and could result in de-activation of the auto ignition feature of the No. 2 engine. We are issuing this AD to prevent unintentional de-activation of the auto ignition feature of the No. 2 engine when the beta lockout system is activated, which could result in an uncommanded inflight shutdown of the No. 2 engine. (f) Compliance Comply with this AD within the compliance times specified, unless already done. amozie on DSK3GDR082PROD with PROPOSALS1 (g) Inspection and Corrective Action Within 6000 flight hours or 36 months, whichever occurs first, after the effective date of this AD, inspect and, as applicable, rectify the auto ignition system in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 8–74–07, dated April 13, 2016. (h) Credit for Previous Actions This paragraph provides credit for rectification required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Bombardier In-Service Modification IS8Q7400001, Revision C, dated November 27, 2015. (i) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, New York ACO Branch, FAA, has the authority to approve VerDate Sep<11>2014 16:31 Jul 20, 2018 Jkt 244001 AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7300; fax 516–794–5531. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, New York ACO Branch, FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.’s TCCA Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature. (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian AD CF–2017–21R1, dated June 28, 2017, for related information. This MCAI may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA–2018–0635. (2) For more information about this AD, contact Anthony Flores, Aerospace Engineer, Propulsion and Program Management Section, Chicago ACO Branch, Room 107, 2300 East Devon Avenue, Des Plaines, IL 60018; telephone 847–294–7140; fax 847– 294–7834. (3) For information about AMOCs, contact Joe Catanzaro, Aerospace Engineer, Propulsion Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228– 7366; fax 516–794–5531; email 9-avs-nyacocos@faa.gov. (4) For service information identified in this AD, contact Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416–375–4000; fax 416–375–4539; email thd.qseries@aero.bombardier.com; internet http://www.bombardier.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. Issued in Des Moines, Washington, on July 13, 2018. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2018–15659 Filed 7–20–18; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs 25 CFR Part 169 [189A2100DD/AAKC001030/ A0A501010.999900 253G] RIN 1076–AF20 Rights-of-Way on Indian Land; Bond Exemption Bureau of Indian Affairs, Interior. ACTION: Proposed rule. AGENCY: This proposed rule would exempt Federal, State, Tribal, and local governments from the requirement to obtain a bond, insurance, or alternative form of security for a right-of-way across Indian land and BIA land where such governments are prohibited by law from obtaining security. DATES: Comments are due by September 21, 2018. ADDRESSES: Please submit comments by email to consultation@bia.gov or to Office of Regulatory Affairs & Collaborative Action—Indian Affairs (RACA), U.S. Department of the Interior, 1849 C Street NW, Mail Stop 4660, Washington, DC 20240. FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of Regulatory Affairs & Collaborative Action, (202) 273–4680; elizabeth.appel@bia.gov. SUPPLEMENTARY INFORMATION: On November 19, 2015, the Bureau of Indian Affairs (BIA) finalized revisions to the regulations governing rights-ofway on Indian land and BIA land at 25 CFR part 169. See 80 FR 72492. The regulations became effective on April 21, 2016. 81 FR 14976. The final regulations established new requirements for bonding, insurance, or alternative form of security to cover the annual rental, estimated damages, operation and maintenance charges, and restoration. See 25 CFR 169.103(a). The regulations allow for waiver of this requirement on a case-by-case basis. See 25 CFR 169.103(f). Currently, a governmental entity applying for a right-of-way across Indian land or BIA land must seek a waiver (and landowner consent for the waiver) from the requirement to provide bonding, insurance, or alternate security in those cases in which the entity is prohibited by law from obtaining such bonding, insurance, or alternate security. This rule would eliminate the need for governmental entities to seek a waiver for each instance by exempting governmental entities from the SUMMARY: E:\FR\FM\23JYP1.SGM 23JYP1 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Proposed Rules requirement to obtain bonding, insurance, or alternative form of security if they are prohibited by law from doing so. It also requires governmental entities to provide a certification with their application, with citation to applicable law, that they are prohibited by law from providing security. In addition, this rule requires governmental entities to notify landowners that they are prohibited by law from providing security when they notify the Indian landowners of their application under 25 CFR 169.107. Procedural Requirements A. Regulatory Planning and Review (E.O. 12866) 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 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 and would not impose any economic effects on small governmental entities. amozie on DSK3GDR082PROD with PROPOSALS1 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) Will 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, VerDate Sep<11>2014 16:31 Jul 20, 2018 Jkt 244001 individual industries, Federal, State, or local government agencies, or geographic regions. (c) Will not 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 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 effect a taking of private property or otherwise have taking implications under E.O. 12630. 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 federalism summary impact statement. 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 be 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) The Department of the Interior strives to strengthen its government-togovernment relationship with Indian tribes through a commitment to consultation with Indian tribes and recognition of their right to selfgovernance and tribal sovereignty. We have evaluated this rule under the Department’s consultation policy and under the criteria in E.O. 13175 and have determined there are no substantial direct effects on federally recognized Indian Tribes that will result from this rulemaking because the rule PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 34803 addresses an inconsistency that may have otherwise prevented governments from obtaining rights-of-way on Indian land. I. Paperwork Reduction Act The Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., prohibits a Federal agency from conducting or sponsoring a collection of information that requires OMB approval, unless such approval has been obtained and the collection request displays a currently valid OMB control number. Nor is any person required to respond to an information collection request that has not complied with the PRA. In accordance with 44 U.S.C. 3507(d), the information collections in 25 CFR part 169 are authorized by OMB Control Number 1076–0181, Rights-of-Way on Indian Land, which expires 04/30/2019. The requirements in this rule to provide a legal citation and notice is not expected to have a quantifiable effect on the hour burden estimate for the information collection, but BIA will review whether its current estimates are affected by this change at the next renewal. A Federal agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless the form or regulation requesting the information displays a currently valid OMB Control Number. J. National Environmental Policy Act This rule does not constitute a major Federal action significantly affecting the quality of the human environment. A detailed statement under the National Environmental Policy Act of 1969 (NEPA) is not required because this is an administrative and procedural regulation. (For further information see 43 CFR 46.210(i)). We have also determined that the rule does not involve any of the extraordinary circumstances listed in 43 CFR 46.215 that would require further analysis under NEPA. K. Effects on the Energy Supply (E.O. 13211) This rule 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 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; E:\FR\FM\23JYP1.SGM 23JYP1 34804 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Proposed Rules 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 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 are unclearly written, which sections or sentences are too long, the sections where you believe lists or tables would be useful, etc. M. 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. N. E.O. 13771: Reducing Regulation and Controlling Regulatory Costs This action is not an E.O. 13771 regulatory action because it imposes no more than de minimis costs. List of Subjects in 25 CFR Part 169 Indians-lands, Reporting and recordkeeping requirements, Rights-ofway. For the reasons stated in the preamble, the Department of the Interior, Bureau of Indian Affairs, proposes to amend 25 CFR part 169 as follows: PART 169—RIGHTS-OF-WAY OVER INDIAN LAND 1. The authority citation for part 169 continues to read as follows: ■ Authority: 5 U.S.C. 301; 25 U.S.C. 323– 328; 25 U.S.C. 2201 et seq. 2. Amend § 169.103 by adding paragraph (k) to read as follows: amozie on DSK3GDR082PROD with PROPOSALS1 ■ § 169.103 What bonds, insurance, or other security must accompany the application? * * * * * (k) The requirements of this section do not apply to Federal, State, Tribal, or local governments who are prohibited by law from providing a bond, insurance, or other security. Federal, State, Tribal, or local governments VerDate Sep<11>2014 16:31 Jul 20, 2018 Jkt 244001 seeking this exemption must include with their application a certification, including a citation to applicable law, that they are prohibited by law from providing security. Federal, State, Tribal, or local governments must also notify landowners that they are prohibited by law from providing security when they notify the Indian landowners of their application under § 169.107. Dated: June 29, 2018. John Tahsuda, Principal Deputy Assistant Secretary—Indian Affairs exercising the authority of the Assistant Secretary—Indian Affairs. [FR Doc. 2018–15680 Filed 7–20–18; 8:45 am] BILLING CODE 4337–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2018–0683] RIN 1625–AA00 Safety Zone; Great Lakes Offshore Grand Prix; Lake Erie, Dunkirk, NY Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to establish a temporary safety zone for certain waters of Dunkirk Harbor, Lake Erie, Dunkirk, NY during the Great Lakes Offshore Grand Prix. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Buffalo or a designated representative. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before August 7, 2018. ADDRESSES: You may submit comments identified by docket number USCG– 2018–0683 using the Federal eRulemaking Portal at http:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, call or email LCDR Michael Collet, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716–843–9322, email D09SMB-SECBuffalo-WWM@uscg.mil. SUMMARY: PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis On March 22, 2018, Dunkirk Local Development Corporation and Dunkirk Festivals notified the Coast Guard that it would be conducting a professional high speed powerboat race from 10:00 a.m. until 5:00 p.m. on August 19, 2018. The race will be held in the vicinity of the Dunkirk Harbor. Hazards from the boat regatta include high speed vessels. The Captain of the Port Buffalo (COTP) has determined that potential hazards associated with the Great Lakes Offshore Grand Prix would be a safety concern for anyone within the designated safety zone. The purpose of this rulemaking is to enhance the safety of vessels and racers on the navigable waters within the designated safety zone before, during, and after the scheduled event. The Coast Guard proposes this rulemaking under authority 33 U.S.C. 1231. III. Discussion of Proposed Rule The COTP proposes to establish a temporary safety zone enforced intermittently, from 10:00 a.m. until 5:00 p.m. on August 19, 2018 with a rain date of August 18, 2018. The safety zone will encompass all navigable waters of Lake Erie, Dunkirk, NY starting at position 42°29′37.7″ N, 079°21′17.7″ W then Northwest to 42°29′45.2″ N, 079°21′28.2″ W then Northeast to 42°30′15.0″ N, 079°21′20.0″ W then Northeast to 42°30′39.0″ N, 079°19′46.0″ W then Southeast to 42°30′09.3″ N, 079°19′03.1″ W. The duration of the zone is intended to enhance the safety of vessels and these navigable waters before, during, and after the scheduled 10:00 a.m. until 5:00 p.m. boat races. No vessel or person would be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. The regulatory text we are proposing appears at the end of this document. IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders and we discuss First Amendment rights of protestors. E:\FR\FM\23JYP1.SGM 23JYP1

Agencies

[Federal Register Volume 83, Number 141 (Monday, July 23, 2018)]
[Proposed Rules]
[Pages 34802-34804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15680]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 169

[189A2100DD/AAKC001030/A0A501010.999900 253G]
RIN 1076-AF20


Rights-of-Way on Indian Land; Bond Exemption

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed rule.

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

SUMMARY: This proposed rule would exempt Federal, State, Tribal, and 
local governments from the requirement to obtain a bond, insurance, or 
alternative form of security for a right-of-way across Indian land and 
BIA land where such governments are prohibited by law from obtaining 
security.

DATES: Comments are due by September 21, 2018.

ADDRESSES: Please submit comments by email to [email protected] or 
to Office of Regulatory Affairs & Collaborative Action--Indian Affairs 
(RACA), U.S. Department of the Interior, 1849 C Street NW, Mail Stop 
4660, Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of 
Regulatory Affairs & Collaborative Action, (202) 273-4680; 
[email protected].

SUPPLEMENTARY INFORMATION: On November 19, 2015, the Bureau of Indian 
Affairs (BIA) finalized revisions to the regulations governing rights-
of-way on Indian land and BIA land at 25 CFR part 169. See 80 FR 72492. 
The regulations became effective on April 21, 2016. 81 FR 14976. The 
final regulations established new requirements for bonding, insurance, 
or alternative form of security to cover the annual rental, estimated 
damages, operation and maintenance charges, and restoration. See 25 CFR 
169.103(a). The regulations allow for waiver of this requirement on a 
case-by-case basis. See 25 CFR 169.103(f).
    Currently, a governmental entity applying for a right-of-way across 
Indian land or BIA land must seek a waiver (and landowner consent for 
the waiver) from the requirement to provide bonding, insurance, or 
alternate security in those cases in which the entity is prohibited by 
law from obtaining such bonding, insurance, or alternate security. This 
rule would eliminate the need for governmental entities to seek a 
waiver for each instance by exempting governmental entities from the

[[Page 34803]]

requirement to obtain bonding, insurance, or alternative form of 
security if they are prohibited by law from doing so. It also requires 
governmental entities to provide a certification with their 
application, with citation to applicable law, that they are prohibited 
by law from providing security. In addition, this rule requires 
governmental entities to notify landowners that they are prohibited by 
law from providing security when they notify the Indian landowners of 
their application under 25 CFR 169.107.

Procedural Requirements

A. Regulatory Planning and Review (E.O. 12866)

    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

    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 and would not impose 
any economic effects on small governmental entities.

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) Will 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) Will not 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 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 effect a taking of private property or otherwise 
have taking implications under E.O. 12630. 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 
federalism summary impact statement. 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 be 
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)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian tribes through a 
commitment to consultation with Indian tribes and recognition of their 
right to self-governance and tribal sovereignty. We have evaluated this 
rule under the Department's consultation policy and under the criteria 
in E.O. 13175 and have determined there are no substantial direct 
effects on federally recognized Indian Tribes that will result from 
this rulemaking because the rule addresses an inconsistency that may 
have otherwise prevented governments from obtaining rights-of-way on 
Indian land.

I. Paperwork Reduction Act

    The Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., 
prohibits a Federal agency from conducting or sponsoring a collection 
of information that requires OMB approval, unless such approval has 
been obtained and the collection request displays a currently valid OMB 
control number. Nor is any person required to respond to an information 
collection request that has not complied with the PRA. In accordance 
with 44 U.S.C. 3507(d), the information collections in 25 CFR part 169 
are authorized by OMB Control Number 1076-0181, Rights-of-Way on Indian 
Land, which expires 04/30/2019. The requirements in this rule to 
provide a legal citation and notice is not expected to have a 
quantifiable effect on the hour burden estimate for the information 
collection, but BIA will review whether its current estimates are 
affected by this change at the next renewal.
    A Federal agency may not conduct or sponsor, and you are not 
required to respond to, a collection of information unless the form or 
regulation requesting the information displays a currently valid OMB 
Control Number.

J. National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 (NEPA) is not 
required because this is an administrative and procedural regulation. 
(For further information see 43 CFR 46.210(i)). We have also determined 
that the rule does not involve any of the extraordinary circumstances 
listed in 43 CFR 46.215 that would require further analysis under NEPA.

K. Effects on the Energy Supply (E.O. 13211)

    This rule 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 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;

[[Page 34804]]

    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 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 are unclearly written, which sections or sentences 
are too long, the sections where you believe lists or tables would be 
useful, etc.

M. 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.

N. E.O. 13771: Reducing Regulation and Controlling Regulatory Costs

    This action is not an E.O. 13771 regulatory action because it 
imposes no more than de minimis costs.

List of Subjects in 25 CFR Part 169

    Indians-lands, Reporting and recordkeeping requirements, Rights-of-
way.

    For the reasons stated in the preamble, the Department of the 
Interior, Bureau of Indian Affairs, proposes to amend 25 CFR part 169 
as follows:

PART 169--RIGHTS-OF-WAY OVER INDIAN LAND

0
1. The authority citation for part 169 continues to read as follows:

    Authority: 5 U.S.C. 301; 25 U.S.C. 323-328; 25 U.S.C. 2201 et 
seq.

0
2. Amend Sec.  169.103 by adding paragraph (k) to read as follows:


Sec.  169.103  What bonds, insurance, or other security must accompany 
the application?

* * * * *
    (k) The requirements of this section do not apply to Federal, 
State, Tribal, or local governments who are prohibited by law from 
providing a bond, insurance, or other security. Federal, State, Tribal, 
or local governments seeking this exemption must include with their 
application a certification, including a citation to applicable law, 
that they are prohibited by law from providing security. Federal, 
State, Tribal, or local governments must also notify landowners that 
they are prohibited by law from providing security when they notify the 
Indian landowners of their application under Sec.  169.107.

    Dated: June 29, 2018.
John Tahsuda,
Principal Deputy Assistant Secretary--Indian Affairs exercising the 
authority of the Assistant Secretary--Indian Affairs.
[FR Doc. 2018-15680 Filed 7-20-18; 8:45 am]
BILLING CODE 4337-15-P