Tribal Transportation Program; Inventory of Proposed Roads, 36040-36043 [2019-15928]

Download as PDF 36040 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules information has previously been made available to others without obligation concerning its confidentiality, (5) an explanation of the competitive injury to the submitting person which would result from public disclosure, (6) when such information might lose its confidential character due to the passage of time, and (7) why disclosure of the information would be contrary to the public interest. It is DOE’s policy that all comments may be included in the public docket, without change and as received, including any personal information provided in the comments (except information deemed to be exempt from public disclosure). DOE considers public participation to be a very important part of the process for developing test procedures and energy conservation standards. DOE actively encourages the participation and interaction of the public during the comment period in each stage of the rulemaking process. Interactions with and between members of the public provide a balanced discussion of the issues and assist DOE in the rulemaking process. Anyone who wishes to be added to the DOE mailing list to receive future notices and information about this process should contact Appliance and Equipment Standards Program staff at (202) 287–1445 or via email at Process.Rule@ee.doe.gov. Signed in Washington, DC, on July 22, 2019. Daniel R. Simmons, Assistant Secretary, Energy Efficiency and Renewable Energy. [FR Doc. 2019–15916 Filed 7–25–19; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF STATE 22 CFR Parts 120, 121, 122, 123, 124, 125, 126, 127, 128, 129 and 130 [Public Notice: 10799] RIN 1400–AE29 Consolidation of Exemptions in the International Traffic in Arms Regulations Department of State. Advance notice of proposed rulemaking. AGENCY: jbell on DSK3GLQ082PROD with PROPOSALS ACTION: SUMMARY: As part of an ongoing effort to better organize the International Traffic in Arms Regulations (ITAR), the Directorate of Defense Trade Controls (DDTC) seeks public comment on consolidating and clarifying the various exemptions located throughout the regulations. DDTC does not seek input VerDate Sep<11>2014 16:27 Jul 25, 2019 Jkt 247001 on whether individual exemptions in the ITAR should be expanded or eliminated, but rather requests comments regarding: Which exemptions, if any, are redundant or could be consolidated; and which exemptions, if any, contain language that introduces significant ambiguity or hinders the exemption’s intended use. DATES: The Department of State will accept comments in response to this notice until August 26, 2019. ADDRESSES: Interested parties may submit comments by one of the following methods: • Email: DDTCPublicComments@ state.gov with the subject line, ‘‘Request for Comments Regarding Consolidation of ITAR Exemptions.’’ • Internet: At www.regulations.gov, search for this notice using its docket number, DOS–2019–0022. Comments submitted through www.regulations.gov will be visible to other members of the public; the Department will publish responsive comments on the DDTC website (www.pmddtc.state.gov). Therefore, commenters are cautioned not to include proprietary or other sensitive information in their comments. FOR FURTHER INFORMATION CONTACT: John Foster, Regulatory and Multilateral Affairs, Office of Defense Trade Controls Policy, Department of State, telephone (202) 663–2811 email DDTCResponseTeam@state.gov. ATTN: Consolidation of ITAR Exemptions. SUPPLEMENTARY INFORMATION: The Directorate of Defense Trade Controls (DDTC) of the Department of State regulates the export and temporary import of defense articles and services under the Arms Export Control Act (AECA) and its implementing regulations, the International Traffic in Arms Regulations (ITAR) (22 CFR parts 120–130). DDTC is engaged in an ongoing effort to organize the ITAR more effectively in order to further streamline and clarify the subchapter. As part of that effort, DDTC seeks public comment on various exemptions located throughout the ITAR. Exemptions authorize the export, reexport, retransfer, temporary import, or brokering of a specific defense article or defense service without a license (as defined in the ITAR) or other written authorization. DDTC does not seek to broaden or eliminate (unless determined to be redundant) existing exemptions in a rulemaking on this issue. Instead, its goal is to consolidate the various exemptions located throughout the ITAR in a single location and to organize them more effectively. All PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 commenters are encouraged to provide comments that are responsive specifically to the prompts set forth below. The Department requests comment on the topics below. Excluding the exemptions currently located in Part 126 of the ITAR: 1. Which exemptions, if any, are redundant or could be consolidated? 2. Which exemptions, if any, contain language that introduces significant ambiguity or hinders the exemption’s intended use? If the Department issues a notice of proposed rulemaking on this topic, it will address responsive comments at that time. R. Clarke Cooper, Assistant Secretary, Political-Military Affairs, Department of State. [FR Doc. 2019–15540 Filed 7–25–19; 8:45 am] BILLING CODE 4710–25–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs 25 CFR Part 170 [190D0102 DRDS5A300000DR.5A311.IA000118] RIN 1076–AF45 Tribal Transportation Program; Inventory of Proposed Roads Bureau of Indian Affairs, Interior. ACTION: Proposed rule. AGENCY: SUMMARY: The Bureau of Indian Affairs (BIA) is proposing a change to a provision in the Tribal Transportation Program regulations affecting proposed roads that are currently in the National Tribal Transportation Facility Inventory (NTTFI). Specifically, this proposed rule would delete the requirement for Tribes to collect and submit certain data in order to keep those proposed roads in the NTTFI. The requirement to collect and submit data to add new proposed roads to the NTTFI would remain in place. DATES: Comments are due by September 24, 2019. ADDRESSES: You may send comments, identified by number 1076–AF45, by any of the following methods: —Federal rulemaking portal: http:// www.regulations.gov. Follow the instructions for sending comments. —Email: comments@bia.gov. Include the number 1076–AF45 in the subject line of the message. —Mail or hand-delivery: Elizabeth Appel, Office of Regulatory Affairs & E:\FR\FM\26JYP1.SGM 26JYP1 36041 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules Collaborative Action, U.S. Department of the Interior, 1849 C Street NW, MIB–4660–MS, Washington, DC 20240. Include the number 1076– AF45 in the subject line of the message. Instructions: All submissions received must include ‘‘Bureau of Indian Affairs’’ and ‘‘1076–AF45.’’ All comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Docket: For access to the docket to read background documents or comments received, go to http:// www.regulations.gov. 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 on the information collections contained in this proposed regulation (see ‘‘Paperwork Reduction Act’’ section, below) are separate from those on the substance of the rule. Send comments on the information collection burden to OMB by facsimile to (202) 395–5806 or email to the OMB Desk Officer for the Department of the Interior at OIRA_DOCKET@ omb.eop.gov. Please send a copy of your comments to the person listed in the FOR FURTHER INFORMATION CONTACT section of this notice. Mr. LeRoy Gishi, Division of Transportation, FOR FURTHER INFORMATION CONTACT: I. Summary of Rule II. Tribal Consultation III. Procedural Requirements A. Regulatory Planning and Review (E.O. 12866, 13563, and 13771) 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. Effects on the Energy Supply (E.O. 13211) L. Clarity of This Regulation M. Public Availability of Comments I. Summary of Rule Regulations governing the Tribal Transportation Program were published in 2016. 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 required Tribes to collect data for proposed roads to be added to, or remain in, the NTTFI. BIA then further delayed the November 7, 2017, deadline for compliance with § 170.443 to November 7, 2019. See 82 FR 50312 (October 31, 2017), 83 FR 8609 (February 28, 2018). The purpose of the delay was to provide BIA with time to reexamine whether revision or deletion of the data collection requirements in § 170.443 would be appropriate. Since that time, BIA staff have engaged in outreach at several regional and national meetings with affected Tribes. BIA is now proposing to apply the data collection requirements going forward to any new proposed road submission, but not to proposed roads that were already in the NTTFI as of the date of publication of the regulations on November 7, 2016, unless any changes or updates were or are made after that date. BIA is making this proposal because Tribes added the proposed roads to the NTTFI under the rules that were in effect at the time, which did not require the significant data collection. Moving forward, however, BIA would require that new proposed roads include the back-up documentation identified by § 170.443 (a)(1)–(8) in order to be added to the NTTFI. II. Tribal Consultation We will be hosting the following Tribal consultation sessions at targeted locations throughout the country to discuss this proposed rule. The dates and locations for the consultation sessions are as follows: Date Time September 5, 2019 ............................................................. September 10, 2019 ........................................................... September 12, 2019 ........................................................... 9:00 a.m.–12:00 (Local time) ............................................. 9:00 a.m.–12:00 (Local time) ............................................. 9:00 a.m.–12:00 (Local time) ............................................. Please check the BIA’s Consultations website, https://www.bia.gov/as-ia/ consultations, for the most current consultation information. III. Procedural Requirements A. Regulatory Planning and Review (E.O. 12866, 13563, and 13771) jbell on DSK3GLQ082PROD with PROPOSALS Office of Indian Services, Bureau of Indian Affairs, (202) 513–7711, leroy.gishi@bia.gov. SUPPLEMENTARY INFORMATION: 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 VerDate Sep<11>2014 16:27 Jul 25, 2019 Jkt 247001 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. This rule is also part of the Department’s commitment under the Executive Order to reduce the number and burden of regulations. E.O. 13771 of January 30, 2017, directs Federal agencies to reduce the regulatory burden on regulated entities and control regulatory costs. E.O. 13771, however, applies only to significant regulatory actions, as defined in Section PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 Location Minneapolis, MN. Anchorage, AK. Denver, CO. 3(f) of E.O. 12866. Therefore, E.O. 13771 does not apply to this proposed rule. B. Regulatory Flexibility Act The Department of the Interior certifies that 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.). 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 it merely codifies eligibility requirements that were already established by past practice and a Federal District Court ruling. E:\FR\FM\26JYP1.SGM 26JYP1 36042 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules (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 this rule affects only individuals’ eligibility for certain education contracts. (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 this rule affects agreements between Tribes and the Department to allow Tribes to authorize individual leases, business agreements, and rightsof-way on Tribal land. 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 monetarily 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 Executive Order 12630 because this rule does not affect individual property rights protected by the Fifth Amendment or involve a compensable ‘‘taking.’’ A takings implication assessment is not required. F. Federalism (E.O. 13132) Under the criteria in section 1 of Executive Order 13132, this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement because the rule affects only agreements entered into by Tribes and the Department. A federalism summary impact statement is not required. jbell on DSK3GLQ082PROD with PROPOSALS G. Civil Justice Reform (E.O. 12988) This rule complies with the requirements of Executive Order 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. VerDate Sep<11>2014 16:27 Jul 25, 2019 Jkt 247001 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 Executive Order 13175 and have determined that it has substantial direct effects on federally recognized Indian Tribes because the rule affects what proposed roads will remain on the inventory of Tribal transportation facilities. The Department is hosting consultation sessions with Tribes (see ‘‘II. Tribal Consultation’’ above) and will be individually notifying each federally recognized Tribe of these opportunities to consult. I. Paperwork Reduction Act OMB Control No. 1076–0161 currently authorizes the collections of information contained in 25 CFR part 170, with an expiration of September 30, 2019. The current authorization totaling an estimated 23,446 annual burden hours. If this proposed rule is finalized, the annual burden hours will decrease by an estimated 2,520 hours. This decrease is due to the elimination of the requirement for Tribes to provide information on proposed roads that are already included on the inventory. This change would require a revision to an approved information collection under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq. for which the Department is requesting OMB approval. OMB Control Number: 1076–0161. Title: Tribal Transportation Program, 25 CFR 170. Brief Description of Collection: The information submitted by Tribes allows them to participate in planning the development of transportation needs in their area; the information provides data for administration, documenting plans, and for oversight of the program by the Department. Some of the information such as the providing inventory updates (25 CFR 170.444), the development of a long range transportation plan (25 CFR 170.411 and 170.412), the development of a Tribal transportation improvement program (25 CFR 170.421), and annual report (25 CFR 170.420) are mandatory to determine how funds will allocated to implement the Tribal Transportation Program. Some of the information, such as public hearing requirements, is necessary for public notification and PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 involvement (25 CFR 170.437 and 170.438), while other information, such as a request for exception from design standards (25 CFR 170.456), is voluntary. The revision accounts for updates made to § 170.443, removing the requirement to provide information for proposed roads that existed in the inventory as of November 7, 2016. Type of Review: Revision of a currently approved collection. Respondents: Federally recognized Indian Tribes. Number of Respondents: 281 on average (each year). Number of Responses: 1,504 on average (each year). Frequency of Response: On occasion. Estimated Time per Response: Varies from 0.5 hours to 40 hours. Estimated Total Annual Hour Burden: 20,928 hours. OMB Control No. 1076–0161 currently authorizes the collections of information contained in 25 CFR part 170. If this proposed rule is finalized, the annual burden hours for respondents will decrease by approximately 2,520 hours because Tribes will no longer be required to provide information that they would have been required to submit under the current estimates. The recordkeeping requirements contained in section 170.472 are authorized under OMB Control No. 1076–0136, applicable to selfdetermination and self-governance contracts and compacts under 25 CFR 900 and 1000. 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 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 Executive Order 13211. A Statement of Energy Effects is not required. E:\FR\FM\26JYP1.SGM 26JYP1 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules 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 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. 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. 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, proposes to amend 25 CFR part 170 as follows: PART 170—TRIBAL TRANSPORATION PROGRAM 1. The authority citation for part 170 continues to read as follows: 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: jbell on DSK3GLQ082PROD with PROPOSALS ■ § 170.443 What is required to successfully include a proposed transportation facility in the NTTFI? (a) * * * (b) For those proposed roads that were included in the NTTFI as of November 7, 2016, the information in paragraphs VerDate Sep<11>2014 16:27 Jul 25, 2019 Jkt 247001 (a)(1) through (a)(8) of this section may be submitted for approval to BIA and FHWA at any time, but is not required in order for those proposed roads to remain in the NTTFI, unless any changes or updates to the proposed road were (or are) made after that date. I. Table of Abbreviations Dated: July 3, 2019. John Tahsuda, Principal Deputy Assistant Secretary—Indian Affairs. II. Background, Purpose, and Legal Basis On May 1, 2019, the United States Navy (USN) notified the Coast Guard that it would be towing the USS LA JOLLA into Charleston Harbor, to the vessel’s new berth at Joint Base Charleston, as a Moored Training Ship for the USN’s Nuclear Power Training Unit on September 3, 2019. The Captain of the Port Charleston (COTP) has determined a 200-yard safety zone is required for the safe transit of the towing vessel and USS LA JOLLA. The purpose of this rulemaking is to ensure the safety of vessels and the navigable waters within a 200-yard radius of the towing vessel and USS LA JOLLA during their transit to Joint Base Charleston on the Cooper River. The Coast Guard is proposing this rulemaking under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). [FR Doc. 2019–15928 Filed 7–25–19; 8:45 am] BILLING CODE 4337–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2019–0565] RIN 1625–AA00 Safety Zone; Charleston Harbor, Charleston, SC Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: M. Public Availability of Comments 36043 ACTION: SUMMARY: The Coast Guard is proposing to establish a temporary moving safety zone around the USS LA JOLLA as the vessel is towed to Joint Base Charleston, Charleston, SC. This action is necessary to provide for the safety of life on these navigable waters in Charleston Harbor, Charleston, SC on September 3, 2019. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Charleston or a designated representative. We invite your comments on this proposed rulemaking. Comments and related material must be received by the Coast Guard on or before August 26, 2019. ADDRESSES: You may submit comments identified by docket number USCG– 2019–0565 using the Federal eRulemaking Portal at https:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. DATES: If you have questions about this proposed rulemaking, call or email Lieutenant Chad Ray, Sector Charleston Office of Waterways Management, Coast Guard; telephone (843) 740–3184, email Chad.L.Ray@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 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 III. Discussion of Proposed Rule The COTP is proposing to establish a temporary moving safety zone around the USS LA JOLLA on September 3, 2019 from 6:00 a.m. until 6:00 p.m. The safety zone would cover all navigable waters within 200 yards of the USS LA JOLLA and towing vessel. The duration of the zone is intended to ensure the safety of the towing vessel and the USS LA JOLLA during their transit to Joint Base Charleston on the Cooper River. 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. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a E:\FR\FM\26JYP1.SGM 26JYP1

Agencies

[Federal Register Volume 84, Number 144 (Friday, July 26, 2019)]
[Proposed Rules]
[Pages 36040-36043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15928]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 170

[190D0102 DRDS5A300000DR.5A311.IA000118]
RIN 1076-AF45


Tribal Transportation Program; Inventory of Proposed Roads

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed rule.

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

SUMMARY: The Bureau of Indian Affairs (BIA) is proposing a change to a 
provision in the Tribal Transportation Program regulations affecting 
proposed roads that are currently in the National Tribal Transportation 
Facility Inventory (NTTFI). Specifically, this proposed rule would 
delete the requirement for Tribes to collect and submit certain data in 
order to keep those proposed roads in the NTTFI. The requirement to 
collect and submit data to add new proposed roads to the NTTFI would 
remain in place.

DATES: Comments are due by September 24, 2019.

ADDRESSES: You may send comments, identified by number 1076-AF45, by 
any of the following methods:

--Federal rulemaking portal: http://www.regulations.gov. Follow the 
instructions for sending comments.
--Email: [email protected]. Include the number 1076-AF45 in the subject 
line of the message.
--Mail or hand-delivery: Elizabeth Appel, Office of Regulatory Affairs 
&

[[Page 36041]]

Collaborative Action, U.S. Department of the Interior, 1849 C Street 
NW, MIB-4660-MS, Washington, DC 20240. Include the number 1076-AF45 in 
the subject line of the message.

    Instructions: All submissions received must include ``Bureau of 
Indian Affairs'' and ``1076-AF45.'' All comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov. 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 on the information collections contained in this proposed 
regulation (see ``Paperwork Reduction Act'' section, below) are 
separate from those on the substance of the rule. Send comments on the 
information collection burden to OMB by facsimile to (202) 395-5806 or 
email to the OMB Desk Officer for the Department of the Interior at 
[email protected]. Please send a copy of your comments to the 
person listed in the FOR FURTHER INFORMATION CONTACT section of this 
notice.

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
II. Tribal Consultation
III. Procedural Requirements
    A. Regulatory Planning and Review (E.O. 12866, 13563, and 13771)
    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. Effects on the Energy Supply (E.O. 13211)
    L. Clarity of This Regulation
    M. Public Availability of Comments

I. Summary of Rule

    Regulations governing the Tribal Transportation Program were 
published in 2016. 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 required Tribes to collect data for proposed roads to 
be added to, or remain in, the NTTFI. BIA then further delayed the 
November 7, 2017, deadline for compliance with Sec.  170.443 to 
November 7, 2019. See 82 FR 50312 (October 31, 2017), 83 FR 8609 
(February 28, 2018). The purpose of the delay was to provide BIA with 
time to reexamine whether revision or deletion of the data collection 
requirements in Sec.  170.443 would be appropriate. Since that time, 
BIA staff have engaged in outreach at several regional and national 
meetings with affected Tribes. BIA is now proposing to apply the data 
collection requirements going forward to any new proposed road 
submission, but not to proposed roads that were already in the NTTFI as 
of the date of publication of the regulations on November 7, 2016, 
unless any changes or updates were or are made after that date. BIA is 
making this proposal because Tribes added the proposed roads to the 
NTTFI under the rules that were in effect at the time, which did not 
require the significant data collection. Moving forward, however, BIA 
would require that new proposed roads include the back-up documentation 
identified by Sec.  170.443 (a)(1)-(8) in order to be added to the 
NTTFI.

II. Tribal Consultation

    We will be hosting the following Tribal consultation sessions at 
targeted locations throughout the country to discuss this proposed 
rule. The dates and locations for the consultation sessions are as 
follows:

----------------------------------------------------------------------------------------------------------------
                  Date                                Time                              Location
----------------------------------------------------------------------------------------------------------------
September 5, 2019.......................  9:00 a.m.-12:00 (Local       Minneapolis, MN.
                                           time).
September 10, 2019......................  9:00 a.m.-12:00 (Local       Anchorage, AK.
                                           time).
September 12, 2019......................  9:00 a.m.-12:00 (Local       Denver, CO.
                                           time).
----------------------------------------------------------------------------------------------------------------

    Please check the BIA's Consultations website, https://www.bia.gov/as-ia/consultations, for the most current consultation information.

III. Procedural Requirements

A. Regulatory Planning and Review (E.O. 12866, 13563, and 13771)

    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. This rule is also part of the Department's commitment 
under the Executive Order to reduce the number and burden of 
regulations.
    E.O. 13771 of January 30, 2017, directs Federal agencies to reduce 
the regulatory burden on regulated entities and control regulatory 
costs. E.O. 13771, however, applies only to significant regulatory 
actions, as defined in Section 3(f) of E.O. 12866. Therefore, E.O. 
13771 does not apply to this proposed rule.

B. Regulatory Flexibility Act

    The Department of the Interior certifies that 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.).

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 it merely codifies eligibility requirements that were 
already established by past practice and a Federal District Court 
ruling.

[[Page 36042]]

    (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 this rule affects only 
individuals' eligibility for certain education contracts.
    (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 this rule affects agreements between Tribes and the Department 
to allow Tribes to authorize individual leases, business agreements, 
and rights-of-way on Tribal land.

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 monetarily 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 Executive Order 12630 because this rule 
does not affect individual property rights protected by the Fifth 
Amendment or involve a compensable ``taking.'' A takings implication 
assessment is not required.

F. Federalism (E.O. 13132)

    Under the criteria in section 1 of Executive Order 13132, this rule 
does not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement because the rule 
affects only agreements entered into by Tribes and the Department. A 
federalism summary impact statement is not required.

G. Civil Justice Reform (E.O. 12988)

    This rule complies with the requirements of Executive Order 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 Executive Order 13175 and have determined that it has substantial 
direct effects on federally recognized Indian Tribes because the rule 
affects what proposed roads will remain on the inventory of Tribal 
transportation facilities. The Department is hosting consultation 
sessions with Tribes (see ``II. Tribal Consultation'' above) and will 
be individually notifying each federally recognized Tribe of these 
opportunities to consult.

I. Paperwork Reduction Act

    OMB Control No. 1076-0161 currently authorizes the collections of 
information contained in 25 CFR part 170, with an expiration of 
September 30, 2019. The current authorization totaling an estimated 
23,446 annual burden hours. If this proposed rule is finalized, the 
annual burden hours will decrease by an estimated 2,520 hours. This 
decrease is due to the elimination of the requirement for Tribes to 
provide information on proposed roads that are already included on the 
inventory. This change would require a revision to an approved 
information collection under the Paperwork Reduction Act (PRA), 44 
U.S.C. 3501 et seq. for which the Department is requesting OMB 
approval.
    OMB Control Number: 1076-0161.
    Title: Tribal Transportation Program, 25 CFR 170.
    Brief Description of Collection: The information submitted by 
Tribes allows them to participate in planning the development of 
transportation needs in their area; the information provides data for 
administration, documenting plans, and for oversight of the program by 
the Department. Some of the information such as the providing inventory 
updates (25 CFR 170.444), the development of a long range 
transportation plan (25 CFR 170.411 and 170.412), the development of a 
Tribal transportation improvement program (25 CFR 170.421), and annual 
report (25 CFR 170.420) are mandatory to determine how funds will 
allocated to implement the Tribal Transportation Program. Some of the 
information, such as public hearing requirements, is necessary for 
public notification and involvement (25 CFR 170.437 and 170.438), while 
other information, such as a request for exception from design 
standards (25 CFR 170.456), is voluntary. The revision accounts for 
updates made to Sec.  170.443, removing the requirement to provide 
information for proposed roads that existed in the inventory as of 
November 7, 2016.
    Type of Review: Revision of a currently approved collection.
    Respondents: Federally recognized Indian Tribes.
    Number of Respondents: 281 on average (each year).
    Number of Responses: 1,504 on average (each year).
    Frequency of Response: On occasion.
    Estimated Time per Response: Varies from 0.5 hours to 40 hours.
    Estimated Total Annual Hour Burden: 20,928 hours.
    OMB Control No. 1076-0161 currently authorizes the collections of 
information contained in 25 CFR part 170. If this proposed rule is 
finalized, the annual burden hours for respondents will decrease by 
approximately 2,520 hours because Tribes will no longer be required to 
provide information that they would have been required to submit under 
the current estimates.
    The recordkeeping requirements contained in section 170.472 are 
authorized under OMB Control No. 1076-0136, applicable to self-
determination and self-governance contracts and compacts under 25 CFR 
900 and 1000.
    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 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 Executive Order 13211. A Statement of Energy Effects is not 
required.

[[Page 36043]]

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 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.

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, proposes to amend 25 CFR part 170 
as follows:

PART 170--TRIBAL TRANSPORATION PROGRAM

0
1. The authority citation for part 170 continues to read as follows:
    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?

    (a) * * *
    (b) For those proposed roads that were included in the NTTFI as of 
November 7, 2016, the information in paragraphs (a)(1) through (a)(8) 
of this section may be submitted for approval to BIA and FHWA at any 
time, but is not required in order for those proposed roads to remain 
in the NTTFI, unless any changes or updates to the proposed road were 
(or are) made after that date.

    Dated: July 3, 2019.
John Tahsuda,
Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. 2019-15928 Filed 7-25-19; 8:45 am]
 BILLING CODE 4337-15-P