[Federal Register Volume 79, Number 92 (Tuesday, May 13, 2014)]
[Rules and Regulations]
[Pages 27189-27190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10934]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 23
[134A2100DD/AAK3000000/A0H501010.999900]
RIN 1076-AF21
Change of Address; Indian Child Welfare Act
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Final rule; technical amendment.
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SUMMARY: The Bureau of Indian Affairs (BIA) is amending its regulations
to reflect a change of address for filing copies of Indian Child
Welfare Act (ICWA) notices to the Eastern Regional Director and to
update the titles of ``Area Directors'' to ``Regional Directors.'' This
technical amendment is a nomenclature change that updates and corrects
BIA officials' titles and the address for filing ICWA notices to the
Eastern Regional Director.
DATES: Effective May 13, 2014.
FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of
Regulatory Affairs & Collaborative Action, (202) 273-4680;
[email protected].
SUPPLEMENTARY INFORMATION: This rule updates the address for the
Eastern Regional Office, which was printed in error. BIA employees have
ensured that notices sent to the printed address have been forwarded to
the BIA authorities, but this rule will make the forwarding
unnecessary. This rule also updates all references to ``Area Director''
in 25 CFR part 23 to be ``Regional Director'' in accordance with the
nomenclature currently in use.
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. This rule is also part of the
Department's commitment under the Executive Order to reduce the number
and burden of regulations and provide greater notice and clarity to the
public.
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. It will not result in the
expenditure by State, local, or tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year. The
rule's requirements will not result in a major increase in costs or
prices for consumers, individual industries, Federal, State, or local
government agencies, or geographic regions. Nor will this rule have
significant adverse effects on competition, employment, investment,
productivity, innovation, or the ability of the U.S.-based enterprises
to compete with foreign-based enterprises.
D. Unfunded Mandates Reform Act
This 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
[[Page 27190]]
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)
Under the criteria in Executive Order 12630, this rule does not
affect individual property rights protected by the Fifth Amendment nor
does it involve a compensable ``taking.'' A takings implication
assessment is therefore not required.
F. Federalism (E.O. 13132)
Under the criteria in Executive Order 13132, this rule has no
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. This rule
ensures notification to State and local governments of a BIA official's
decision to take land into trust and the right to administratively
appeal such decision. This rule also ensures notification to State and
local governments of an AS-IA official's decision through publication
in the Federal Register.
G. Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of Executive Order 12988.
Specifically, this rule has been reviewed to eliminate errors and
ambiguity and written to minimize litigation; and is written in clear
language and contains clear legal standards.
H. Consultation With Indian Tribes (E.O. 13175)
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments,'' Executive Order 13175 (59 FR 22951, November 6, 2000),
and 512 DM 2, we have determined there are no potential effects on
federally recognized Indian tribes and Indian trust assets.
I. Paperwork Reduction Act
This rule does not contain any information collections requiring
approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq.
J. National Environmental Policy Act
This rule 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.
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.
L. Determination To Issue Final Rule Without the Opportunity for Public
Comment and With Immediate Effective Date
BIA is taking this action under its authority, at 5 U.S.C. 552, to
publish regulations in the Federal Register. Under the Administrative
Procedure Act, statutory procedures for agency rulemaking do not apply
``when the agency for good cause finds . . . that notice and public
procedure thereon are impracticable, unnecessary, or contrary to the
public interest.'' 5 U.S.C. 553(b)(3)(B). BIA finds that the notice and
comment procedure are impracticable, unnecessary, or contrary to the
public interest, because: (1) These amendments are non-substantive; and
(2) the public benefits for timely notification of a change in the
official agency address, and further delay is unnecessary and contrary
to the public interest. Similarly because this final rule makes no
substantive changes and merely reflects a change of address and updates
to titles in the existing regulations, this final rule is not subject
to the effective date limitation of 5 U.S.C. 553(d).
List of Subjects in 25 CFR Part 23
Administrative practice and procedures, Child welfare, Grant
programs--Indians, Grant programs--social programs, Indians, Reporting
and recordkeeping requirements.
For the reasons stated in the preamble, the Department of the
Interior, Bureau of Indian Affairs, amends part 23 in Title 25 of the
Code of Federal Regulations as follows:
PART 23--INDIAN CHILD WELFARE ACT
0
1. The authority citation for part 23 continues to read as follows:
Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 1901-1952.
0
2. Throughout part 23, remove the word ``Area Director'' and ``Area
Directors'' and add in their place the words ``Regional Director'' and
``Regional Directors'' respectively, wherever they appear.
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3. In Sec. 23.11, revise paragraph (c)(1) to read as follows:
Sec. 23.11 Notice.
* * * * *
(c)(1) For proceedings in Alabama, Connecticut, Delaware, District
of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland,
Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North
Carolina, Pennsylvania, Rhode Island, South Carolina, Tennessee,
Vermont, Virginia, West Virginia, or any territory or possession of the
United States, notices shall be sent to the following address: Eastern
Regional Director, Bureau of Indian Affairs, 545 Marriott Drive, Suite
700, Nashville, Tennessee 37214.
* * * * *
Dated: May 1, 2014.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
[FR Doc. 2014-10934 Filed 5-12-14; 8:45 am]
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