80 FR 64353 - Change of Address for the Interior Board of Indian Appeals

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service

Federal Register Volume 80, Issue 205 (October 23, 2015)

Page Range		64353-64353
FR Document		2015-27025

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.

Federal Register, Volume 80 Issue 205 (Friday, October 23, 2015)

[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)]
[Rules and Regulations]
[Page 64353]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27025]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

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.

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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.

SUPPLEMENTARY INFORMATION:

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 
Affairs.
    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:

PART 137 [AMENDED]

0
1. The authority citation for part 137 continues to read as follows:

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


Sec.  137.418  [Amended]

0
2. In Sec.  137.418, revise ``4015 Wilson Boulevard, Arlington, VA 
22203'' to read ``801 North Quincy St., Suite 300, Arlington, VA 
22203''.


Sec.  137.423  [Amended]

0
3. In Sec.  137.423, revise ``4015 Wilson Boulevard, Arlington, VA 
22203'' to read ``801 North Quincy St., Suite 300, Arlington, VA 
22203''.


Sec.  137.425  [Amended]

0
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]

0
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]
BILLING CODE 4165-16-P

Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations 64353

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State effective
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ister citation].
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* * * * * regulations to reflect the IBIA’s new statutes and executive orders, since this
[FR Doc. 2015–26159 Filed 10–22–15; 8:45 am] street address. rule merely changes the street address
BILLING CODE 6560–50–P
II. Procedural Requirements for the IBIA.
Dated: August 17, 2015.
A. Determination To Issue Final Rule
Effective in Less Than 30 Days Robert G. McSwain,
DEPARTMENT OF HEALTH AND
HUMAN SERVICES Deputy Director, Indian Health Service.
The Department has determined that
the public notice and comment Approved: October 9, 2015.
Indian Health Service provisions of the Administrative Sylvia M. Burwell,
Procedure Act, 5 U.S.C. 553(b), do not Secretary, Health and Human Services.
42 CFR Part 137 apply to this rulemaking because the
changes being made relate solely to For the reasons set forth in the
Change of Address for the Interior preamble, the Department, through the
matters of agency organization,
Board of Indian Appeals Indian Health Service amends subpart P
procedure, and practice. It, therefore,
AGENCY: Indian Health Service, Health satisfies the exemption from notice and of title 42 of the Code of Federal
and Human Services. comment rulemaking in 5 U.S.C. Regulations part 137 to read as follows:
ACTION: Final rule. 553(b)(A).
Moreover, the Department has PART 137 [AMENDED]
SUMMARY: The Department of Health and determined that there is good cause to
Human Services (HHS or the waive the requirement of publication 30 ■ 1. The authority citation for part 137
Department) is revising its regulations days in advance of the rule’s effective continues to read as follows:
governing administrative appeals to date under 5 U.S.C. 553(d). The error in
Authority: 25 U.S.C. 458 et seq.
reflect a change of address for the the IBIA’s location could cause
Interior Board of Indian Appeals (IBIA). misdirection of appeals. Thus, if the § 137.418 [Amended]
The IBIA moved to a new address at 801 changes in this rule were to become
North Quincy St., Suite 300, Arlington, effective 30 days after publication, it ■ 2. In § 137.418, revise ‘‘4015 Wilson
VA 22203 effective February 11, 2002. could cause further delays in processing Boulevard, Arlington, VA 22203’’ to
DATES: This rule is effective October 23,
appeals. Because an earlier effective read ‘‘801 North Quincy St., Suite 300,
2015. date benefits the public, there is good Arlington, VA 22203’’.
cause for making this rule effective in
FOR FURTHER INFORMATION CONTACT: Carl § 137.423 [Amended]
less than 30 days, as permitted by 5
Mitchell, Acting Director, Division of U.S.C. 553(d)(3).
Regulatory Affairs, Indian Health ■ 3. In § 137.423, revise ‘‘4015 Wilson
Service, 801 Thompson Avenue, B. Review Under Procedural Statutes Boulevard, Arlington, VA 22203’’ to
Rockville, Maryland 20852, Telephone: and Executive Orders read ‘‘801 North Quincy St., Suite 300,
(301) 443–1116. The Department has reviewed this Arlington, VA 22203’’.
SUPPLEMENTARY INFORMATION: rule under the following statutes and
§ 137.425 [Amended]
executive orders governing rulemaking
I. Background procedures: The Unfunded Mandates ■ 4. In § 137.425, in paragraph (b),
Through a two-person panel of Reform Act of 1995, 2 U.S.C. 1501 et revise ‘‘4015 Wilson Boulevard,
administrative judges, the Interior Board seq.; the Regulatory Flexibility Act, 5 Arlington, VA 22203’’ to read ‘‘801
of Indian Appeals (IBIA) has the U.S.C. 601 et seq.; the Small Business
North Quincy St., Suite 300, Arlington,
authority to consider appeals from Regulatory Enforcement Fairness Act of
VA 22203’’.
decisions of agency officials and 1996, 5 U.S.C. 801 et seq.; the
administrative law judges in cases Paperwork Reduction Act, 44 U.S.C. § 137.440 [Amended]
under the Indian Self-Determination 3501 et seq.; the National
and Education Assistance Act Environmental Policy Act of 1969, 42 ■ 5. In § 137.440, in paragraph (b),
(ISDEAA). Located within the U.S.C. 4321 et seq.; Executive Order revise ‘‘4015 Wilson Boulevard,
Department of Interior’s Office of 12630 (Takings); Executive Order 12866 Arlington, VA 22203’’ to read ‘‘801
Hearings and Appeals (OHA), IBIA is (Regulatory Planning and Review); North Quincy St., Suite 300, Arlington,
separate and independent from the Executive Order 12988 (Civil Justice VA 22203’’.
mstockstill on DSK4VPTVN1PROD with RULES

Bureau of Indian Affairs (BIA) and the Reform); Executive Order 13132 [FR Doc. 2015–27025 Filed 10–22–15; 8:45 am]
Assistant Secretary—Indian Affairs. (Federalism); Executive Order 13175
BILLING CODE 4165–16–P
Effective February 11, 2002, the IBIA (Tribal Consultation); and Executive
was relocated to 801 North Quincy Order 13211 (Energy Impacts). The
Street, Arlington, Virginia. To avoid Department has determined that this
confusion with appeals, HHS is rule does not trigger any of the
updating its administrative appeals procedural requirements of those

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Document Created: 2015-12-14 15:31:52
Document Modified: 2015-12-14 15:31:52

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective October 23, 2015.
Contact		Carl Mitchell, Acting Director, Division of Regulatory Affairs, Indian Health Service, 801 Thompson Avenue, Rockville, Maryland 20852, Telephone: (301) 443-1116.
FR Citation		80 FR 64353

80 FR 64353 - Change of Address for the Interior Board of Indian Appeals

DEPARTMENT OF HEALTH AND HUMAN SERVICESIndian Health Service

Federal Register Volume 80, Issue 205 (October 23, 2015)

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service