81 FR 54768 - Notice of Intent To Establish a Negotiated Rulemaking Committee
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs Federal Register Volume 81, Issue 159 (August 17, 2016)
Bureau of Indian Affairs
Federal Register Volume 81, Issue 159 (August 17, 2016)
| Page Range | 54768-54770 | |
| FR Document | 2016-19599 |
[Federal Register Volume 81, Number 159 (Wednesday, August 17, 2016)] [Proposed Rules] [Pages 54768-54770] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19599] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs 25 CFR Part 30 [167A2100DD/AAKC001030/A0A501010.999900 253G] Notice of Intent To Establish a Negotiated Rulemaking Committee AGENCY: Bureau of Indian Affairs, Interior. ACTION: Extension of comment and nomination periods. ----------------------------------------------------------------------- SUMMARY: On November 9, 2015, the Bureau of Indian Education (BIE) published a notice of intent requesting comments and nominations for Tribal representatives for the Accountability Negotiated Rulemaking Committee (Committee). The comment period for that notice of intent closed December 24, 2015. On April 14, 2016, the BIE reopened the comment and nomination period with a new deadline of May 31, 2016. The BIE is further extending the comment period for Tribes to nominate individuals for membership on the Committee. The BIE also solicits comments on the proposal to establish the Committee, including comments on additional interests not identified in this notice of intent and comments on the expansion of the scope of the Committee. The BIE is also correcting a drafting error in the April 14, 2016 Notice that omitted from Section III the central purpose of the Committee under the requirements of the Every Student Succeeds Act (ESSA), which requires the Secretary of the Interior, using a negotiated rulemaking process, to develop regulations for implementation no later than the 2017-2018 academic year. It also requires the Secretary to define the standards, assessments, and accountability system consistent with Section 1111 of the Elementary and Secondary Education Act (ESEA) for the schools funded by BIE on a national, regional, or tribal basis. DATES: Submit nominations for Committee members or written [[Page 54769]] comments on this notice of intent on or before October 3, 2016. ADDRESSES: You may submit nominations for Committee members or written comments on this notice of intent to Ms. Jackie Cheek, Bureau of Indian Education, by any of the following methods:(Preferred method) Email to: [email protected]; Mail, hand-carry or use an overnight courier service to Ms. Jackie Cheek, Bureau of Indian Education, 1849 C Street NW., Mail Stop 3642, Washington, DC 20240. FOR FURTHER INFORMATION CONTACT: Ms. Jackie Cheek, Bureau of Indian Education; telephone: (202) 208-6983. SUPPLEMENTARY INFORMATION: I. Background On November 9, 2015, BIE published a notice of intent requesting nominations for a negotiated rulemaking committee to recommend revisions to the existing regulations for BIE's accountability system (80 FR 69161). In that notice of intent, the BIE solicited nominations from Tribes whose students attend BIE-funded schools operated either by the BIE or by the Tribe through a contract or grant, to nominate Tribal representatives to serve on the Committee and Tribal alternates to serve when the representative is unavailable. Since that time, the Every Student Succeeds Act (ESSA), Public Law 114-95, became law requiring an update to the subject, scope, and issues that the Committee will address. On April 14, 2016, BIE then announced its intent to expand the scope of the committee and reopened the comment and nomination period, requesting comments and nominations by May 31, 2016. 81 FR 22039 (April 14, 2016). II. Every Student Succeeds Act (ESSA) The ESSA reauthorizes and amends the Elementary and Secondary Education Act of 1965 (ESEA). ESSA Section 8007(2) directs the Secretary of the Interior, in consultation with the Secretary of Education, if so requested, to use a negotiated rulemaking process to develop regulations for implementation no later than the 2017-2018 academic year. The regulations will define the standards, assessments, and accountability system consistent with Section 1111 of the ESEA, for BIE-funded schools on a national, regional, or Tribal basis. The regulations will be developed in a manner that considers the unique circumstances and needs of such schools and the students served by such schools. ESSA Section 8007(2) also provides that if a Tribal governing body or school board of a BIE-funded school determines the requirements established by the Secretary of the Interior are inappropriate, they may waive, in part or in whole, such requirements. Where such requirements are waived, the Tribal governing body or school board shall, within 60 days, submit to the Secretary of the Interior a proposal for alternative standards, assessments, and an accountability system, if applicable, consistent with ESEA Section 1111. The proposal must take into account the unique circumstances and needs of the school or schools and the students served. The proposal will be approved by the Secretary of the Interior and the Secretary of Education, unless the Secretary of Education determines that the standards, assessments, and accountability system do not meet the requirements of ESEA Section 1111. Additionally, a Tribal governing body or school board of a BIE- funded school seeking a waiver may request, and the Secretary of the Interior and the Secretary of Education will provide, technical assistance. Due to the statutory changes described above, BIE expanded the scope of the negotiated rulemaking committee to receive recommendations and revise our current regulations (25 CFR part 30). This document provides notice that BIE is extending the comment period for: (1) Nominations of individuals for membership on the Committee and (2) comments on the proposal to establish the Committee, including comments on additional interests not identified in this notice of intent and comments on the expansion of the scope of the Committee. III. The Committee and Its Process The BIE encourages Tribal self-determination in Native education, encouraging Tribes to develop alternative standards, assessments, and an accountability system and providing technical assistance. The negotiated rulemaking committee would be charged, consistent with ESSA Section 8007, with developing regulations, no later than the 2017-2018 academic year, for implementation of the Secretary's responsibility to define the standards, assessments, and an accountability system consistent with ESEA Section 1111, for schools funded by the BIE on a national, regional, or tribal basis, as appropriate, taking into account the unique circumstances and needs of such schools and the students served by such schools. Additionally, the Committee will be asked to provide recommendations that encourage the exercise of the authority of Tribes to adopt their own standards, assessments, and an accountability system and also to provide recommendations on how BIE could best provide technical assistance under ESSA Section 8007(2). IV. Nominations Each nomination is expected to include a nomination for a representative and an alternate who can fulfill the obligations of membership should the representative be unable to attend. The Committee membership should also reflect the diversity of Tribal interests, and Tribes should nominate representatives and alternates who will: Have knowledge of school assessments and accountability systems; Have relevant experience as past or present superintendents, principals, teachers, or school board members, or possess direct experience with Adequate Yearly Progress (AYP); Be able to coordinate, to the extent possible, with other Tribes and schools who may not be represented on the Committee; Be able to represent the Tribe(s) with the authority to embody Tribal views, communicate with Tribal constituents, and have a clear means to reach agreement on behalf of the Tribe(s); Be able to negotiate effectively on behalf of the Tribe(s) represented; Be able to commit the time and effort required to attend and prepare for meetings; and Be able to collaborate among diverse parties in a consensus-seeking process. The BIE will consider nominations for Tribal committee representatives only if they are nominated through the process identified in this notice of intent and in the Federal Register notices of intent at 80 FR 69161 and 81 FR 22040. The BIE will not consider any nominations that it receives in any other manner. The BIE will not consider nominations for Federal representatives. Only the Secretary may nominate Federal employees to the Committee. Based upon the proportionate share of students (see Section V of Federal Register notice of intent at 80 FR 69161), some Tribes similar in affiliation or geography are grouped together for one seat. It will be necessary for such nominating Tribes either to co-nominate a single Tribal representative to represent the multi-Tribal jurisdiction or for each Tribe in the multi-Tribal jurisdiction to nominate a representative with the knowledge that BIE will be able to appoint only one of the nominees who will then be responsible for [[Page 54770]] representing the entire multi-Tribal jurisdiction on the Committee. Nominations must include the following information about each nominee: (1) A letter from the Tribe supporting the nomination of the individual to serve as a Tribal representative for the Committee; (2) A resume reflecting the nominee's qualifications and experience in Indian education; resume to include the nominee's name, Tribal affiliation, job title, major job duties, employer, business address, business telephone and fax numbers (and business email address, if applicable); (3) The Tribal interest(s) to be represented by the nominee (see Section IV, Part F of Federal Register notice of intent at 80 FR 69161) and whether the nominee will represent other interest(s) related to this rulemaking, as the Tribe may designate; and (4) A brief description of how the nominee will represent Tribal views, communicate with Tribal constituents, and have a clear means to reach agreement on behalf of the Tribe(s) they are representing. (5) A statement on whether the nominee is only representing one Tribe's views or whether the expectation is that the nominee represents a specific group of Tribes. To be considered, nominations must be received by the close of business on the date listed in the DATES section, at the location indicated in the ADDRESSES section. If you already submitted a nomination prior to the December 24, 2015, deadline or May 31, 2016 deadline, your application will still be considered. V. Certification For the above reasons, I hereby certify that the Accountability Negotiated Rulemaking Committee is in the public interest. Dated: August 8, 2016. Lawrence S. Roberts, Principal Deputy Assistant Secretary--Indian Affairs. [FR Doc. 2016-19599 Filed 8-16-16; 8:45 am] BILLING CODE 4337-15-P
![54768 Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules
engines are installed. Nothing in this engine is in conformity with Federal days from the filing date for
section may be construed as limiting or emission requirements. importation.
changing in any way the applicability of (2) Final admission. Should final * * * * *
the EPA regulations. admission be sought and granted
(b) Documentation requirements—(1) R. Gil Kerlikowske,
pursuant to EPA regulations for an
Exception for certain companies that engine conditionally admitted initially Commissioner.
manufacture and import nonroad or under one of the exemptions described Approved: August 3, 2016.
stationary engines, including engines in paragraph (c)(3) of this section, the Timothy E. Skud,
incorporated into vehicles and importer or consignee must deliver to Deputy Assistant Secretary of the Treasury.
equipment. The special documentation the port director the prescribed [FR Doc. 2016–18761 Filed 8–16–16; 8:45 am]
requirements of this paragraph (b) do statement. The statement must be BILLING CODE 9111–14–P
not apply to the importation of nonroad delivered within the period authorized
or stationary engines, including engines by EPA for the specific exemption, or
incorporated into vehicles or such additional period as the port
equipment, by the company that DEPARTMENT OF THE INTERIOR
director of CBP may allow for good
manufactures the engines, provided that cause shown. Otherwise, the importer or
the engines are covered by a valid EPA Bureau of Indian Affairs
consignee must deliver or cause to be
Certificate of Conformity (COC) held by delivered to the port director the subject
the importing manufacturer and bear the 25 CFR Part 30
engine, either for export or other
manufacturer’s label showing such disposition under applicable CBP laws [167A2100DD/AAKC001030/
conformity and other EPA-required and regulations (see paragraph (e) of this A0A501010.999900 253G]
information. section). If such engine is not
(2) Release. CBP will not release Notice of Intent To Establish a
redelivered within five (5) days Negotiated Rulemaking Committee
engines, vehicles, or equipment from
following the allotted period, liquidated
custody unless the importer has
damages will be assessed in the full AGENCY: Bureau of Indian Affairs,
submitted all required documents to
amount of the bond, if a single entry Interior.
demonstrate that the engines, vehicles,
bond, or if a continuous bond, the ACTION: Extension of comment and
or equipment meet all applicable
amount that would have been assessed nomination periods.
requirements.
(3) Required EPA documentation. under a single entry bond (see 40 CFR
1068.335). SUMMARY: On November 9, 2015, the
Importers of nonroad or stationary
(3) Exemptions. The specific Bureau of Indian Education (BIE)
engines, including engines incorporated
exemptions under which a published a notice of intent requesting
into vehicles and equipment, must
submit EPA Declaration Form 3520–21, nonconforming nonroad engine may be comments and nominations for Tribal
‘‘Importation of Engines, Vehicles, and conditionally admitted, and for which a representatives for the Accountability
Equipment Subject to Federal Air CBP bond is required, are as follows: Negotiated Rulemaking Committee
Pollution Regulations,’’ to CBP at the (i) Repairs or alterations (see 40 CFR (Committee). The comment period for
time of entry. 1068.325(a)). that notice of intent closed December
(4) Filing method. EPA Declaration 24, 2015. On April 14, 2016, the BIE
(ii) Testing (see 40 CFR 1068.325(b)).
Form 3520–21 may be filed with CBP reopened the comment and nomination
(iii) Display (see 40 CFR 1068.325(c)). period with a new deadline of May 31,
electronically in the Automated (iv) Export (see 40 CFR 1068.325(d)).
Commercial Environment (ACE) or via 2016. The BIE is further extending the
(v) Diplomatic or military (see 40 CFR comment period for Tribes to nominate
any other CBP-authorized electronic
1068.325(e)). individuals for membership on the
data interchange system, or as a paper
filing at the time of entry. (vi) Delegated assembly (see 40 CFR Committee. The BIE also solicits
(5) Recordkeeping. Documents 1068.325(f)). comments on the proposal to establish
supporting the information required in (vii) Partially complete engines, the Committee, including comments on
EPA Declaration Form 3520–21 must be vehicles, or equipment (see 40 CFR additional interests not identified in this
retained by the importer for a period of 1068.325(g). notice of intent and comments on the
at least five (5) years in accordance with (d) Notice of inadmissibility or expansion of the scope of the
§ 163.4 of this chapter and must be detention. If an engine is found to be Committee. The BIE is also correcting a
provided to CBP upon request. inadmissible either before or after drafting error in the April 14, 2016
(c) Release under bond—(1) release from CBP custody, the importer Notice that omitted from Section III the
Conditional admission. If the EPA or consignee will be notified in writing central purpose of the Committee under
declaration form states that the entry for of the inadmissibility determination the requirements of the Every Student
a nonconforming nonroad engine is and/or redelivery requirement. If the Succeeds Act (ESSA), which requires
being filed under one of the exemptions inadmissibility is due to the fact that the the Secretary of the Interior, using a
described in paragraph (c)(3) of this importer or consignee did not file the negotiated rulemaking process, to
section, under which the engine may be EPA Declaration Form 3520–21 at the develop regulations for implementation
conditionally admitted under bond, the time of entry, the port director may hold no later than the 2017–2018 academic
entry will be accepted only if the the subject engine in detention at the year. It also requires the Secretary to
mstockstill on DSK3G9T082PROD with PROPOSALS
importer, consignee, or surety, as importer’s risk and expense for up to 30 define the standards, assessments, and
appropriate, files a bond containing the days from the entry filing date. The port accountability system consistent with
bond conditions set forth in § 113.62(c) director may grant the importer’s Section 1111 of the Elementary and
of this chapter, or files a bond request for a 30-day extension for good Secondary Education Act (ESEA) for the
electronically in ACE or via any other cause. The port director will issue a schools funded by BIE on a national,
CBP-authorized electronic data notice of inadmissibility if regional, or tribal basis.
interchange system, for the production documentation is still incomplete after DATES: Submit nominations for
of an EPA statement that the vehicle or this deadline, which must not exceed 60 Committee members or written
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![54770 Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules
representing the entire multi-Tribal ACTION: Notice of proposed rulemaking, (Proactive disclosure of Department
jurisdiction on the Committee. request for comments. records), § 70.19 (Requirements for
Nominations must include the making a request), § 70.20
following information about each SUMMARY: This rule proposes revisions (Responsibility for responding to
nominee: to the Department of Labor’s regulations requests), § 70.21 (Responses to
(1) A letter from the Tribe supporting under the Freedom of Information Act requests), § 70.25 (Time limits and order
the nomination of the individual to (FOIA), found in our regulations. The in which requests must be processed),
serve as a Tribal representative for the regulations are being revised to update § 70.38 (Definitions related to costs),
Committee; and streamline the language of several and § 70.40 (Charges assessed for the
(2) A resume reflecting the nominee’s procedural provisions, and to production of records). Current sections
qualifications and experience in Indian incorporate changes brought about by have been renamed § 70.1 (from Purpose
education; resume to include the amendments to the FOIA under the and scope to General provisions), § 70.4
nominee’s name, Tribal affiliation, job OPEN Government Act of 2007 and the (from Public reading rooms to Proactive
title, major job duties, employer, FOIA Improvement Act of 2016. disclosure of Departmental records),
business address, business telephone DATES: Written comments must be § 70.19 (from Requests for access to
and fax numbers (and business email postmarked and electronic comments records to Requirements for making
address, if applicable); must be submitted on or before October requests), § 70.21 (from Form and
(3) The Tribal interest(s) to be 17, 2016. Comments received by mail content of responses to Responses to
represented by the nominee (see Section will be considered timely if they are requests), and § 70.26 (from Business
IV, Part F of Federal Register notice of postmarked on or before that date. The information to Confidential commercial
intent at 80 FR 69161) and whether the electronic Federal Docket Management information). Also, in lieu of using the
nominee will represent other interest(s) System (https://www.regulations.gov) term ‘‘disclosure officer,’’ DOL is using
related to this rulemaking, as the Tribe will accept comments until Midnight the word ‘‘component’’ to refer to the
may designate; and Eastern Time at the end of that day. decentralized agency FOIA components
(4) A brief description of how the throughout the draft regulation.
ADDRESSES: You may submit comments
nominee will represent Tribal views, As the Department of Labor was
by any of the following methods:
communicate with Tribal constituents, completing preparation of this Notice of
• Federal eRulemaking Portal: https//
and have a clear means to reach Proposed Rulemaking to update its
www.regulations.gov.
agreement on behalf of the Tribe(s) they FOIA regulation, Congress passed on
• FAX: (202) 693–5389. Send your
are representing. June 13, 2016 and the President signed
(5) A statement on whether the comments to the attention of Ramona
Branch Oliver. on June 30, 2016, the FOIA
nominee is only representing one Improvement Act of 2016. The
Tribe’s views or whether the • Mail: Ramona Branch Oliver,
Director, Office of Information Services, Department has incorporated changes to
expectation is that the nominee this proposed rule to address provisions
represents a specific group of Tribes. MALS Division, Office of the Solicitor,
of the FOIA Improvement Act of 2016.
To be considered, nominations must U.S. Department of Labor, Suite N–
Specifically, the following sections of
be received by the close of business on 2420, 200 Constitution Avenue NW.,
this NPRM were revised to reflect
the date listed in the DATES section, at Washington, DC 20210.
statutory changes: Section 70.1(d) and
the location indicated in the ADDRESSES • E-mail: oliver.ramona@dol.gov.
(f); Sec. 70.3; Sec. 70.4; Sec. 70.19(d);
section. Please indicate ‘‘Comments on FOIA
Sec. 70.21(d) and (e); Sec. 70.25(c); and
If you already submitted a nomination Rule’’ in the subject line.
Sec. 70.40(e). Comments on these
prior to the December 24, 2015, • To ensure proper handling, please
proposed provisions based on the text of
deadline or May 31, 2016 deadline, your reference Docket No. DOL–2016–007 on
the amended statute are welcomed. The
application will still be considered. your correspondence.
Department will consider those
FOR FURTHER INFORMATION CONTACT: comments, along with any other
V. Certification Ramona Branch Oliver, Director, Office comments received, and if appropriate
For the above reasons, I hereby certify of Information Services, 202–693–5391. will revise the regulation to ensure the
that the Accountability Negotiated Discussion: This rule proposes rule aligns with the amended statute.
Rulemaking Committee is in the public revisions to the Department’s Regulatory Flexibility Act: The
interest. regulations under the FOIA, found at 29 Secretary of Labor, in accordance with
Dated: August 8, 2016. CFR part 70, to update and streamline the Regulatory Flexibility Act (5 U.S.C.
Lawrence S. Roberts, the language of several procedural 605(b)), has reviewed this regulation
Principal Deputy Assistant Secretary—Indian provisions and to incorporate certain of and by approving it certifies that this
Affairs. the changes brought about by the regulation will not have a significant
[FR Doc. 2016–19599 Filed 8–16–16; 8:45 am] amendments to the FOIA under the economic impact on a substantial
BILLING CODE 4337–15–P
OPEN Government Act of 2007, Public number of small entities. Under the
Law 110–175, 121 Stat. 2524 and the FOIA, agencies may recover only the
FOIA Improvement Act of 2016, Public direct costs of searching for, reviewing,
Law 114–185,130 Stat. 538 (enacted and duplicating the records processed
DEPARTMENT OF LABOR
June 30, 2016). The Department of Labor for requesters, and only for certain
last published FOIA regulations on May classes of requester and when particular
mstockstill on DSK3G9T082PROD with PROPOSALS
Office of the Secretary
30, 2006. conditions are satisfied. Thus, fees
29 CFR Part 70 The proposed revisions to the assessed by the Department are
Department’s FOIA regulations in 29 nominal. Further, the ‘‘small entities’’
RIN 1290–AA30 CFR part 70 incorporate changes to the that make FOIA requests, as compared
language and structure of the with individual requesters and other
Revision of the DOL FOIA Regulations
regulations. Revised provisions include requesters, are relatively few in number.
AGENCY:Office of the Secretary, § 70.1 (General provisions), § 70.2 EO 12866: This regulation has been
Department of Labor. (Definitions), § 70.3 (Policy), § 70.4 drafted and reviewed in accordance
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Document Created: 2018-02-09 11:35:16
Document Modified: 2018-02-09 11:35:16
| 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 | Proposed Rules | |
| Action | Extension of comment and nomination periods. | |
| Dates | Submit nominations for Committee members or written comments on this notice of intent on or before October 3, 2016. | |
| Contact | Ms. Jackie Cheek, Bureau of Indian Education; telephone: (202) 208-6983. | |
| FR Citation | 81 FR 54768 |
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