[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)]
[Rules and Regulations]
[Page 64353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27025]



Indian Health Service

42 CFR Part 137

Change of Address for the Interior Board of Indian Appeals

AGENCY: Indian Health Service, Health and Human Services.

ACTION: Final rule.


SUMMARY: The Department of Health and Human Services (HHS or the 
Department) is revising its regulations governing administrative 
appeals to reflect a change of address for the Interior Board of Indian 
Appeals (IBIA). The IBIA moved to a new address at 801 North Quincy 
St., Suite 300, Arlington, VA 22203 effective February 11, 2002.

DATES: This rule is effective October 23, 2015.

FOR FURTHER INFORMATION CONTACT: Carl Mitchell, Acting Director, 
Division of Regulatory Affairs, Indian Health Service, 801 Thompson 
Avenue, Rockville, Maryland 20852, Telephone: (301) 443-1116.


I. Background

    Through a two-person panel of administrative judges, the Interior 
Board of Indian Appeals (IBIA) has the authority to consider appeals 
from decisions of agency officials and administrative law judges in 
cases under the Indian Self-Determination and Education Assistance Act 
(ISDEAA). Located within the Department of Interior's Office of 
Hearings and Appeals (OHA), IBIA is separate and independent from the 
Bureau of Indian Affairs (BIA) and the Assistant Secretary--Indian 
    Effective February 11, 2002, the IBIA was relocated to 801 North 
Quincy Street, Arlington, Virginia. To avoid confusion with appeals, 
HHS is updating its administrative appeals regulations to reflect the 
IBIA's new street address.

II. Procedural Requirements

A. Determination To Issue Final Rule Effective in Less Than 30 Days

    The Department has determined that the public notice and comment 
provisions of the Administrative Procedure Act, 5 U.S.C. 553(b), do not 
apply to this rulemaking because the changes being made relate solely 
to matters of agency organization, procedure, and practice. It, 
therefore, satisfies the exemption from notice and comment rulemaking 
in 5 U.S.C. 553(b)(A).
    Moreover, the Department has determined that there is good cause to 
waive the requirement of publication 30 days in advance of the rule's 
effective date under 5 U.S.C. 553(d). The error in the IBIA's location 
could cause misdirection of appeals. Thus, if the changes in this rule 
were to become effective 30 days after publication, it could cause 
further delays in processing appeals. Because an earlier effective date 
benefits the public, there is good cause for making this rule effective 
in less than 30 days, as permitted by 5 U.S.C. 553(d)(3).

B. Review Under Procedural Statutes and Executive Orders

    The Department has reviewed this rule under the following statutes 
and executive orders governing rulemaking procedures: The Unfunded 
Mandates Reform Act of 1995, 2 U.S.C. 1501 et seq.; the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq.; the Small Business Regulatory 
Enforcement Fairness Act of 1996, 5 U.S.C. 801 et seq.; the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq.; the National Environmental 
Policy Act of 1969, 42 U.S.C. 4321 et seq.; Executive Order 12630 
(Takings); Executive Order 12866 (Regulatory Planning and Review); 
Executive Order 12988 (Civil Justice Reform); Executive Order 13132 
(Federalism); Executive Order 13175 (Tribal Consultation); and 
Executive Order 13211 (Energy Impacts). The Department has determined 
that this rule does not trigger any of the procedural requirements of 
those statutes and executive orders, since this rule merely changes the 
street address for the IBIA.

    Dated: August 17, 2015.
Robert G. McSwain,
Deputy Director, Indian Health Service.
    Approved: October 9, 2015.
Sylvia M. Burwell,
Secretary, Health and Human Services.

    For the reasons set forth in the preamble, the Department, through 
the Indian Health Service amends subpart P of title 42 of the Code of 
Federal Regulations part 137 to read as follows:


1. The authority citation for part 137 continues to read as follows:

    Authority: 25 U.S.C. 458 et seq.

Sec.  137.418  [Amended]

2. In Sec.  137.418, revise ``4015 Wilson Boulevard, Arlington, VA 
22203'' to read ``801 North Quincy St., Suite 300, Arlington, VA 

Sec.  137.423  [Amended]

3. In Sec.  137.423, revise ``4015 Wilson Boulevard, Arlington, VA 
22203'' to read ``801 North Quincy St., Suite 300, Arlington, VA 

Sec.  137.425  [Amended]

4. In Sec.  137.425, in paragraph (b), revise ``4015 Wilson Boulevard, 
Arlington, VA 22203'' to read ``801 North Quincy St., Suite 300, 
Arlington, VA 22203''.

Sec.  137.440  [Amended]

5. In Sec.  137.440, in paragraph (b), revise ``4015 Wilson Boulevard, 
Arlington, VA 22203'' to read ``801 North Quincy St., Suite 300, 
Arlington, VA 22203''.

[FR Doc. 2015-27025 Filed 10-22-15; 8:45 am]