81_FR_74883 81 FR 74675 - Addition of the Wind River Indian Reservation to the List of Courts of Indian Offenses

81 FR 74675 - Addition of the Wind River Indian Reservation to the List of Courts of Indian Offenses

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 81, Issue 208 (October 27, 2016)

Page Range74675-74677
FR Document2016-26039

This interim final rule establishes a Court of Indian Offenses (also known as CFR Court) for the Wind River Indian Reservation until the agency can promulgate a final rule that considers comments received.

Federal Register, Volume 81 Issue 208 (Thursday, October 27, 2016)
[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Rules and Regulations]
[Pages 74675-74677]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26039]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 11

[178A2100DD/AAKC001030/A0A501010.999900 253G]
RIN 1076-AF33


Addition of the Wind River Indian Reservation to the List of 
Courts of Indian Offenses

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Interim final rule.

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

SUMMARY: This interim final rule establishes a Court of Indian Offenses 
(also known as CFR Court) for the Wind River Indian Reservation until 
the agency can promulgate a final rule that considers comments 
received.

DATES: This interim final rule is effective on October 27, 2016. Submit 
comments by November 28, 2016.

ADDRESSES: You may submit comments by any of the following methods:
     Federal rulemaking portal www.regulations.gov. The rule is 
listed under the agency name ``Bureau of Indian Affairs.''
     Mail, Hand Delivery, or Courier: Ms. Elizabeth Appel, 
Office of Regulatory Affairs & Collaborative Action, U.S. Department of 
the Interior, 1849 C Street NW., Mail Stop 3642, Washington, DC 20240.
     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 sent to an address other than those 
listed above will not be included in the docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Ms. Elizabeth Appel, Director, Office 
of Regulatory Affairs & Collaborative Action--Indian Affairs, (202) 
273-4680; [email protected].

SUPPLEMENTARY INFORMATION: 
I. Summary of Rule
II. Procedural Requirements
    A. Regulatory Planning and Review (E.O. 12866)
    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 and Departmental 
policy)
    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
    N. Determination To Issue an Interim Final Rule With Immediate 
Effective Date

I. Summary of Rule

    Courts of Indian Offenses operate in those areas of Indian country 
where tribes retain jurisdiction over Indians exclusive of State 
jurisdiction, but where tribal courts have not been established to 
fully exercise that jurisdiction. The Eastern Shoshone Tribe and the 
Northern Arapaho Tribe have a joint interest in the Wind River Indian 
Reservation, however the current tribal court operating on the 
reservation, the Shoshone & Arapaho Tribal Court, is currently 
operating without the support of both tribes, and with such limited 
resources, that it may cease operations without notice. To ensure the 
continued administration of justice on the Reservation, the BIA is 
taking steps to ensure that judicial services will continue to be 
provided if the Shoshone & Arapaho Tribal Court ceases operations. 
Therefore, this rule revises a section of 25 CFR part 11 to add the 
Wind River Indian Reservation in Wyoming to the list of areas in Indian 
Country with established Courts of Indian Offenses (also known as CFR 
Courts). This rule inserts the Wind River Indian Reservation into a new 
paragraph (d) in 25 CFR 11.100.
    Adding this reservation will allow for BIA to constitute a Court of 
Indian Offenses that can provide for the administration of justice 
until such time as the Northern Arapaho and Eastern Shoshone Tribes put 
into effect a court system that meets regulatory requirements and is 
capable of serving the entire reservation.

[[Page 74676]]

II. Procedural Requirements

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

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs in the Office of Management and Budget will review 
all significant rules. The Office of Information and Regulatory Affairs 
has determined that this rule is not significant.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, reduce uncertainty, and use the best, most innovative, 
and least burdensome tools for achieving regulatory ends. The Executive 
order also 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.

B. Regulatory Flexibility Act

    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.) because the rule makes adjustments for 
inflation.

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;
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions;
    (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.

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 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. 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. 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 and Departmental policy)

    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 under the criteria in 
Executive Order 13175 and have consulted with the affected tribes.
    (a) Tribal Summary Impact Statement: Prior to issuing this 
regulation the Department of the Interior and its Agencies, Bureaus, 
and Offices have communicated with the Eastern Shoshone Tribe and the 
Northern Arapaho Tribe repeatedly since 2015 regarding public safety 
concerns for the residents of the Wind River Indian Reservation. 
Following the withdrawal of the Northern Arapaho Tribe from the Joint 
Business Committee, the Shoshone and Arapaho Tribal Court has continued 
to operate, although with limited resources and without the express 
support of both tribes. Although the Department has continued to 
discuss this situation with both tribes while allowing the joint 
Shoshone and Arapaho Tribal Court to use funds previously contracted to 
it, those funds expired on September 30, 2016, and the tribes have not 
been able to agree on the continued operation of the Shoshone and 
Arapaho Tribal Court.
    The Shoshone and Arapaho Tribal Court is exercising some 
jurisdiction, however, it has no dedicated funding, no right to remain 
in its current physical location, and may cease or suspend operations 
at any time. To ensure there is not a lapse in public safety, if the 
Shoshone and Arapaho Tribal Court ceases or suspends operations, it 
will be necessary to establish a Court of Indian Offenses until such 
time as the Eastern Shoshone Tribe and the Northern Arapaho Tribe can 
agree on the operation and funding of a court system which is capable 
of serving the entire population of the Wind River Indian Reservation. 
Furthermore the Eastern Shoshone Business Committee has requested the 
Department to establish and operate a Court of Indian Offenses for the 
Wind River Indian Reservation.
    To effectuate the immediate establishment and operation of the 
Court of Indian Offenses on the Wind River Reservation in the event 
that the Shoshone & Arapaho Tribal Court ceases or suspends operations, 
the Wind River Indian Reservation is hereby added to the list of 
jurisdictions served by the Courts of Indian Offenses.

I. Paperwork Reduction Act

    This rule does not contain information collection requirements, and 
a submission to the Office of Management and Budget under the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.) is not required. We may not 
conduct or sponsor, and you are not required to respond to, a 
collection of information unless it displays a currently 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 the rule is covered by a categorical exclusion. This 
rule is excluded from the requirement to prepare a detailed statement 
because it is a regulation of an administrative nature (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.

[[Page 74677]]

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. 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 common, everyday words and 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 you find unclear, which sections or sentences are 
too long, the sections where you think 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.

N. Determination To Issue an Interim Final Rule With Immediate 
Effective Date

    We are publishing this interim final rule with a request for 
comment without prior notice and comment, as allowed under 5 U.S.C. 
553(b). Under section 553(b) we find that there is good cause to 
effectuate this rule without prior notice, and comments are unnecessary 
and would be contrary to the public interest. This rule is necessary to 
ensure that a court is immediately available to administer justice on 
land within the Wind River Indian Reservation. If the Tribal Court were 
to cease or suspend operations, this would affect, among others, child 
and adult protection, and supervised Individual Indian Money account 
clients (vulnerable individuals). Accordingly, a gap in the provision 
of judicial services on the Reservation would harm the tribes and their 
members.
    As allowed under 5 U.S.C. 553(d)(3), the effective date of this 
rule is the date of publication in the Federal Register. Good cause for 
an immediate effective date exists because the delay in publishing this 
rule would inhibit access to justice for tribal members and likely 
obstruct speedy trial rights for members of those tribes coming under 
the jurisdiction of the CFR court. We are requesting comments on this 
interim final rule. We will review any comments received and, by a 
future publication in the Federal Register, address any comments 
received.

List of Subjects in 25 CFR Part 11

    Courts, Indians--law.

    For the reason stated in the preamble the Department of the 
interior, Bureau of Indian Affairs amends part 11 in title 25 of the 
Code of Federal Regulations as follows:

PART 11--COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE

0
1. The authority for part 11 continues to read as follows:

    Authority:  5 U.S.C. 301; R.S. 463, 25 U.S.C. 2; R.S. 465, 25 
U.S.C. 9; 42 Stat. 208, 25 U.S.C. 13; 38 Stat. 586, 25 U.S.C. 200.

Subpart A--Application; Jurisdiction

0
2. In Sec.  11.100, add paragraph (d) to read as follows:


Sec.  11.100  Where are Courts of Indian Offenses established?

* * * * *
    (d) This part applies to the Indian country (as defined in 18 
U.S.C. 1151 and by Federal precedent) within the exterior boundaries of 
the Wind River Reservation in Wyoming.

    Dated: October 17, 2016.
Lawrence S. Roberts,
Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. 2016-26039 Filed 10-26-16; 8:45 am]
 BILLING CODE 4337-15-P



                                                                 Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Rules and Regulations                                          74675

                                                • Visiting the FAA’s Regulations and                    § 91.1607 Special Federal Aviation                    Regulatory Affairs & Collaborative
                                                  Policies Web page at http://                          Regulation No. 113—Prohibition Against                Action—Indian Affairs, (202) 273–4680;
                                                  www.faa.gov/regulations_policies or                   Certain Flights in the Simferopol (UKFV)              elizabeth.appel@bia.gov.
                                                                                                        and Dnipropetrovsk (UKDV) Flight
                                                • Accessing the Government Publishing                   Information Regions (FIRs).                           SUPPLEMENTARY INFORMATION:
                                                  Office’s Web page at http://                          *     *     *     *    *                              I. Summary of Rule
                                                  www.fdsys.gov                                           (e) Expiration. This SFAR will remain               II. Procedural Requirements
                                                                                                        in effect until October 27, 2018. The                    A. Regulatory Planning and Review (E.O.
                                                  Copies may also be obtained by                                                                                    12866)
                                                                                                        FAA may amend, rescind, or extend this
                                                sending a request (identified by docket                                                                          B. Regulatory Flexibility Act
                                                                                                        SFAR as necessary.
                                                or amendment number of the rule) to                                                                              C. Small Business Regulatory Enforcement
                                                the Federal Aviation Administration,                      Issued in Washington, DC, under the
                                                                                                        authority of 49 U.S.C. 106(f), 40101(d)(1),                 Fairness Act
                                                Office of Rulemaking, ARM–1, 800                                                                                 D. Unfunded Mandates Reform Act
                                                                                                        40105(b)(1)(A), and 44701(a)(5), on October
                                                Independence Avenue SW.,                                21, 2016.                                                E. Takings (E.O. 12630)
                                                Washington, DC 20591, or by calling                     Victoria B. Wassmer,                                     F. Federalism (E.O. 13132)
                                                (202) 267–9677.                                                                                                  G. Civil Justice Reform (E.O. 12988)
                                                                                                        Acting Deputy Administrator.
                                                  Except for classified material, all                                                                            H. Consultation With Indian Tribes (E.O.
                                                                                                        [FR Doc. 2016–25962 Filed 10–24–16; 4:20 pm]
                                                documents the FAA considered in                                                                                     13175 and Departmental policy)
                                                                                                        BILLING CODE 4910–13–P                                   I. Paperwork Reduction Act
                                                developing this rule, including
                                                                                                                                                                 J. National Environmental Policy Act
                                                economic analyses and technical
                                                                                                                                                                 K. Effects on the Energy Supply (E.O.
                                                reports, may be accessed from the                       DEPARTMENT OF THE INTERIOR                                  13211)
                                                Internet through the Federal                                                                                     L. Clarity of This Regulation
                                                eRulemaking Portal referenced above.                    Bureau of Indian Affairs                                 M. Public Availability of Comments
                                                B. Small Business Regulatory                                                                                     N. Determination To Issue an Interim Final
                                                                                                        25 CFR Part 11                                              Rule With Immediate Effective Date
                                                Enforcement Fairness Act
                                                                                                        [178A2100DD/AAKC001030/                               I. Summary of Rule
                                                  The Small Business Regulatory                         A0A501010.999900 253G]
                                                Enforcement Fairness Act of 1996                                                                                 Courts of Indian Offenses operate in
                                                                                                        RIN 1076–AF33
                                                (SBREFA) requires FAA to comply with                                                                          those areas of Indian country where
                                                small entity requests for information or                Addition of the Wind River Indian                     tribes retain jurisdiction over Indians
                                                advice about compliance with statutes                   Reservation to the List of Courts of                  exclusive of State jurisdiction, but
                                                and regulations within its jurisdiction.                Indian Offenses                                       where tribal courts have not been
                                                A small entity with questions regarding                                                                       established to fully exercise that
                                                this document may contact its local                     AGENCY:   Bureau of Indian Affairs,
                                                                                                        Interior.                                             jurisdiction. The Eastern Shoshone
                                                FAA official, or the person listed under                                                                      Tribe and the Northern Arapaho Tribe
                                                the FOR FURTHER INFORMATION CONTACT                     ACTION: Interim final rule.
                                                                                                                                                              have a joint interest in the Wind River
                                                heading at the beginning of the
                                                                                                        SUMMARY:   This interim final rule                    Indian Reservation, however the current
                                                preamble. To find out more about
                                                                                                        establishes a Court of Indian Offenses                tribal court operating on the reservation,
                                                SBREFA on the Internet, visit http://
                                                                                                        (also known as CFR Court) for the Wind                the Shoshone & Arapaho Tribal Court, is
                                                www.faa.gov/regulations_policies/
                                                                                                        River Indian Reservation until the                    currently operating without the support
                                                rulemaking/sbre_act/.                                   agency can promulgate a final rule that               of both tribes, and with such limited
                                                List of Subjects in 14 CFR Part 91                      considers comments received.                          resources, that it may cease operations
                                                                                                        DATES: This interim final rule is                     without notice. To ensure the continued
                                                  Air traffic control, Aircraft, Airmen,                effective on October 27, 2016. Submit                 administration of justice on the
                                                Airports, Aviation safety, Freight,                     comments by November 28, 2016.                        Reservation, the BIA is taking steps to
                                                Ukraine.                                                ADDRESSES: You may submit comments                    ensure that judicial services will
                                                  In consideration of the foregoing, the                by any of the following methods:                      continue to be provided if the Shoshone
                                                Federal Aviation Administration                            • Federal rulemaking portal                        & Arapaho Tribal Court ceases
                                                amends chapter I of title 14, Code of                   www.regulations.gov. The rule is listed               operations. Therefore, this rule revises a
                                                Federal Regulations, as follows:                        under the agency name ‘‘Bureau of                     section of 25 CFR part 11 to add the
                                                                                                        Indian Affairs.’’                                     Wind River Indian Reservation in
                                                PART 91—GENERAL OPERATING AND                              • Mail, Hand Delivery, or Courier: Ms.             Wyoming to the list of areas in Indian
                                                FLIGHT RULES                                            Elizabeth Appel, Office of Regulatory                 Country with established Courts of
                                                                                                        Affairs & Collaborative Action, U.S.                  Indian Offenses (also known as CFR
                                                ■ 1. The authority citation for part 91                 Department of the Interior, 1849 C Street
                                                                                                                                                              Courts). This rule inserts the Wind River
                                                continues to read as follows:                           NW., Mail Stop 3642, Washington, DC
                                                                                                                                                              Indian Reservation into a new paragraph
                                                                                                        20240.
                                                  Authority: 49 U.S.C. 106(f), 106(g), 1155,               • We cannot ensure that comments                   (d) in 25 CFR 11.100.
                                                40101, 40103, 40105, 40113, 40120, 44101,               received after the close of the comment                  Adding this reservation will allow for
                                                44111, 44701, 44704, 44709, 44711, 44712,               period (see DATES) will be included in                BIA to constitute a Court of Indian
jstallworth on DSK7TPTVN1PROD with RULES




                                                44715, 44716, 44717, 44722, 46306, 46315,               the docket for this rulemaking and                    Offenses that can provide for the
                                                46316, 46504, 46506–46507, 47122, 47508,                considered. Comments sent to an                       administration of justice until such time
                                                47528–47531, 47534, articles 12 and 29 of the           address other than those listed above                 as the Northern Arapaho and Eastern
                                                Convention on International Civil Aviation              will not be included in the docket for                Shoshone Tribes put into effect a court
                                                (61 Stat. 1180), (126 Stat. 11).                        this rulemaking.                                      system that meets regulatory
                                                ■ 2. Amend § 91.1607 by revising                        FOR FURTHER INFORMATION CONTACT: Ms.                  requirements and is capable of serving
                                                paragraph (e) to read as follows:                       Elizabeth Appel, Director, Office of                  the entire reservation.


                                           VerDate Sep<11>2014   13:32 Oct 26, 2016   Jkt 241001   PO 00000   Frm 00019   Fmt 4700   Sfmt 4700   E:\FR\FM\27OCR1.SGM   27OCR1


                                                74676            Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Rules and Regulations

                                                II. Procedural Requirements                             statement containing the information                  previously contracted to it, those funds
                                                                                                        required by the Unfunded Mandates                     expired on September 30, 2016, and the
                                                A. Regulatory Planning and Review
                                                                                                        Reform Act (2 U.S.C. 1531 et seq.) is not             tribes have not been able to agree on the
                                                (E.O. 12866 and 13563)
                                                                                                        required.                                             continued operation of the Shoshone
                                                   Executive Order 12866 provides that                                                                        and Arapaho Tribal Court.
                                                the Office of Information and Regulatory                E. Takings (E.O. 12630)
                                                                                                          This rule does not affect a taking of                  The Shoshone and Arapaho Tribal
                                                Affairs in the Office of Management and
                                                Budget will review all significant rules.               private property or otherwise have                    Court is exercising some jurisdiction,
                                                The Office of Information and                           taking implications under Executive                   however, it has no dedicated funding,
                                                Regulatory Affairs has determined that                  Order 12630. A takings implication                    no right to remain in its current physical
                                                this rule is not significant.                           assessment is not required.                           location, and may cease or suspend
                                                   Executive Order 13563 reaffirms the                                                                        operations at any time. To ensure there
                                                                                                        F. Federalism (E.O. 13132)                            is not a lapse in public safety, if the
                                                principles of E.O. 12866 while calling
                                                for improvements in the nation’s                          Under the criteria in section 1 of                  Shoshone and Arapaho Tribal Court
                                                regulatory system to promote                            Executive Order 13132, this rule does                 ceases or suspends operations, it will be
                                                predictability, reduce uncertainty, and                 not have sufficient federalism                        necessary to establish a Court of Indian
                                                use the best, most innovative, and least                implications to warrant the preparation               Offenses until such time as the Eastern
                                                burdensome tools for achieving                          of a federalism summary impact                        Shoshone Tribe and the Northern
                                                regulatory ends. The Executive order                    statement. A federalism summary                       Arapaho Tribe can agree on the
                                                also directs agencies to consider                       impact statement is not required.                     operation and funding of a court system
                                                regulatory approaches that reduce                                                                             which is capable of serving the entire
                                                                                                        G. Civil Justice Reform (E.O. 12988)
                                                burdens and maintain flexibility and                                                                          population of the Wind River Indian
                                                freedom of choice for the public where                     This rule complies with the                        Reservation. Furthermore the Eastern
                                                these approaches are relevant, feasible,                requirements of Executive Order 12988.                Shoshone Business Committee has
                                                and consistent with regulatory                          Specifically, this rule:                              requested the Department to establish
                                                objectives. E.O. 13563 emphasizes                          (a) Meets the criteria of section 3(a)             and operate a Court of Indian Offenses
                                                further that regulations must be based                  requiring that all regulations be                     for the Wind River Indian Reservation.
                                                on the best available science and that                  reviewed to eliminate errors and
                                                                                                        ambiguity and be written to minimize                     To effectuate the immediate
                                                the rulemaking process must allow for                                                                         establishment and operation of the
                                                public participation and an open                        litigation; and
                                                                                                           (b) Meets the criteria of section 3(b)(2)          Court of Indian Offenses on the Wind
                                                exchange of ideas. We have developed                                                                          River Reservation in the event that the
                                                this rule in a manner consistent with                   requiring that all regulations be written
                                                                                                        in clear language and contain clear legal             Shoshone & Arapaho Tribal Court
                                                these requirements.                                                                                           ceases or suspends operations, the Wind
                                                                                                        standards.
                                                B. Regulatory Flexibility Act                                                                                 River Indian Reservation is hereby
                                                                                                        H. Consultation With Indian Tribes                    added to the list of jurisdictions served
                                                  This rule will not have a significant                 (E.O. 13175 and Departmental policy)
                                                economic effect on a substantial number                                                                       by the Courts of Indian Offenses.
                                                of small entities under the Regulatory                     The Department of the Interior strives
                                                                                                        to strengthen its government-to-                      I. Paperwork Reduction Act
                                                Flexibility Act (5 U.S.C. 601 et seq.)
                                                because the rule makes adjustments for                  government relationship with Indian                     This rule does not contain
                                                inflation.                                              tribes through a commitment to                        information collection requirements,
                                                                                                        consultation with Indian tribes and                   and a submission to the Office of
                                                C. Small Business Regulatory                            recognition of their right to self-                   Management and Budget under the
                                                Enforcement Fairness Act                                governance and tribal sovereignty. We                 Paperwork Reduction Act (44 U.S.C.
                                                   This rule is not a major rule under 5                have evaluated this rule under the                    3501 et seq.) is not required. We may
                                                U.S.C. 804(2), the Small Business                       Department’s consultation policy under                not conduct or sponsor, and you are not
                                                Regulatory Enforcement Fairness Act.                    the criteria in Executive Order 13175
                                                                                                                                                              required to respond to, a collection of
                                                This rule:                                              and have consulted with the affected
                                                                                                                                                              information unless it displays a
                                                   (a) Does not have an annual effect on                tribes.
                                                                                                                                                              currently valid OMB control number.
                                                the economy of $100 million or more;                       (a) Tribal Summary Impact Statement:
                                                   (b) Will not cause a major increase in               Prior to issuing this regulation the                  J. National Environmental Policy Act
                                                costs or prices for consumers,                          Department of the Interior and its
                                                individual industries, Federal, State, or               Agencies, Bureaus, and Offices have                      This rule does not constitute a major
                                                local government agencies, or                           communicated with the Eastern                         Federal action significantly affecting the
                                                geographic regions;                                     Shoshone Tribe and the Northern                       quality of the human environment. A
                                                   (c) Does not have significant adverse                Arapaho Tribe repeatedly since 2015                   detailed statement under the National
                                                effects on competition, employment,                     regarding public safety concerns for the              Environmental Policy Act of 1969
                                                investment, productivity, innovation, or                residents of the Wind River Indian                    (NEPA) is not required because the rule
                                                the ability of U.S. based enterprises to                Reservation. Following the withdrawal                 is covered by a categorical exclusion.
                                                compete with foreign-based enterprises.                 of the Northern Arapaho Tribe from the                This rule is excluded from the
                                                                                                        Joint Business Committee, the Shoshone                requirement to prepare a detailed
                                                D. Unfunded Mandates Reform Act                         and Arapaho Tribal Court has continued                statement because it is a regulation of an
jstallworth on DSK7TPTVN1PROD with RULES




                                                   This rule does not impose an                         to operate, although with limited                     administrative nature (for further
                                                unfunded mandate on State, local, or                    resources and without the express                     information, see 43 CFR 46.210(i)). We
                                                tribal governments or the private sector                support of both tribes. Although the                  have also determined that the rule does
                                                of more than $100 million per year. The                 Department has continued to discuss                   not involve any of the extraordinary
                                                rule does not have a significant or                     this situation with both tribes while                 circumstances listed in 43 CFR 46.215
                                                unique effect on State, local, or tribal                allowing the joint Shoshone and                       that would require further analysis
                                                governments or the private sector. A                    Arapaho Tribal Court to use funds                     under NEPA.


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                                                                 Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Rules and Regulations                                          74677

                                                K. Effects on the Energy Supply (E.O.                   account clients (vulnerable individuals).              DEPARTMENT OF THE TREASURY
                                                13211)                                                  Accordingly, a gap in the provision of
                                                  This rule is not a significant energy                 judicial services on the Reservation                   Alcohol and Tobacco Tax and Trade
                                                action under the definition in Executive                would harm the tribes and their                        Bureau
                                                Order 13211. A Statement of Energy                      members.
                                                Effects is not required.                                                                                       27 CFR Part 9
                                                                                                           As allowed under 5 U.S.C. 553(d)(3),
                                                L. Clarity of This Regulation                           the effective date of this rule is the date            [Docket No. TTB–2016–0003; T.D. TTB–144;
                                                                                                        of publication in the Federal Register.                Ref: Notice No. 158]
                                                   We are required by Executive Orders
                                                                                                        Good cause for an immediate effective                  RIN 1513–AC25
                                                12866 (section 1(b)(12)), and 12988
                                                (section 3(b)(1)(B)), and 13563 (section                date exists because the delay in
                                                1(a)), and by the Presidential                          publishing this rule would inhibit                     Establishment of the Appalachian High
                                                Memorandum of June 1, 1998, to write                    access to justice for tribal members and               Country Viticultural Area
                                                all rules in plain language. This means                 likely obstruct speedy trial rights for
                                                                                                                                                               AGENCY:  Alcohol and Tobacco Tax and
                                                that each rule we publish must:                         members of those tribes coming under
                                                                                                                                                               Trade Bureau, Treasury.
                                                   (a) Be logically organized;                          the jurisdiction of the CFR court. We are
                                                                                                                                                               ACTION: Final rule; Treasury decision.
                                                   (b) Use the active voice to address                  requesting comments on this interim
                                                readers directly;                                       final rule. We will review any                         SUMMARY:   The Alcohol and Tobacco Tax
                                                   (c) Use common, everyday words and                   comments received and, by a future                     and Trade Bureau (TTB) establishes the
                                                clear language rather than jargon;                      publication in the Federal Register,                   approximately 2,400-square mile
                                                   (d) Be divided into short sections and               address any comments received.                         ‘‘Appalachian High Country’’
                                                sentences; and                                                                                                 viticultural area in all or portions of the
                                                   (e) Use lists and tables wherever                    List of Subjects in 25 CFR Part 11
                                                                                                                                                               following counties: Alleghany, Ashe,
                                                possible.
                                                   If you feel that we have not met these                     Courts, Indians—law.                             Avery, Mitchell, and Watauga Counties
                                                requirements, send us comments by one                                                                          in North Carolina; Carter and Johnson
                                                                                                          For the reason stated in the preamble                Counties in Tennessee; and Grayson
                                                of the methods listed in the ADDRESSES                  the Department of the interior, Bureau
                                                section. To better help us revise the                                                                          County in Virginia. The viticultural area
                                                                                                        of Indian Affairs amends part 11 in title              is not located within any other
                                                rule, your comments should be as                        25 of the Code of Federal Regulations as
                                                specific as possible. For example, you                                                                         viticultural area. TTB designates
                                                                                                        follows:                                               viticultural areas to allow vintners to
                                                should tell us the numbers of the
                                                sections or paragraphs that you find                                                                           better describe the origin of their wines
                                                                                                        PART 11—COURTS OF INDIAN                               and to allow consumers to better
                                                unclear, which sections or sentences are                OFFENSES AND LAW AND ORDER
                                                too long, the sections where you think                                                                         identify wines they may purchase.
                                                                                                        CODE                                                   DATES: This final rule is effective
                                                lists or tables would be useful, etc.
                                                                                                                                                               November 28, 2016.
                                                M. Public Availability of Comments                      ■ 1. The authority for part 11 continues
                                                                                                                                                               FOR FURTHER INFORMATION CONTACT:
                                                  Before including your address, phone                  to read as follows:
                                                                                                                                                               Karen A. Thornton, Regulations and
                                                number, email address, or other                           Authority: 5 U.S.C. 301; R.S. 463, 25                Rulings Division, Alcohol and Tobacco
                                                personal identifying information in your                U.S.C. 2; R.S. 465, 25 U.S.C. 9; 42 Stat. 208,         Tax and Trade Bureau, 1310 G Street
                                                comment, you should be aware that                       25 U.S.C. 13; 38 Stat. 586, 25 U.S.C. 200.             NW., Box 12, Washington, DC 20005;
                                                your entire comment—including your                                                                             phone 202–453–1039, ext. 175.
                                                personal identifying information—may                    Subpart A—Application; Jurisdiction                    SUPPLEMENTARY INFORMATION:
                                                be made publicly available at any time.
                                                While you can ask us in your comment                    ■ 2. In § 11.100, add paragraph (d) to                 Background on Viticultural Areas
                                                to withhold your personal identifying                   read as follows:                                       TTB Authority
                                                information from public review, we
                                                cannot guarantee that we will be able to                § 11.100 Where are Courts of Indian                      Section 105(e) of the Federal Alcohol
                                                do so.                                                  Offenses established?                                  Administration Act (FAA Act), 27
                                                                                                        *     *    *     *     *                               U.S.C. 205(e), authorizes the Secretary
                                                N. Determination To Issue an Interim                                                                           of the Treasury to prescribe regulations
                                                Final Rule With Immediate Effective                       (d) This part applies to the Indian
                                                                                                                                                               for the labeling of wine, distilled spirits,
                                                Date                                                    country (as defined in 18 U.S.C. 1151                  and malt beverages. The FAA Act
                                                  We are publishing this interim final                  and by Federal precedent) within the                   provides that these regulations should,
                                                rule with a request for comment without                 exterior boundaries of the Wind River                  among other things, prohibit consumer
                                                prior notice and comment, as allowed                    Reservation in Wyoming.                                deception and the use of misleading
                                                under 5 U.S.C. 553(b). Under section                      Dated: October 17, 2016.                             statements on labels and ensure that
                                                553(b) we find that there is good cause                 Lawrence S. Roberts,                                   labels provide the consumer with
                                                to effectuate this rule without prior                   Principal Deputy Assistant Secretary—Indian
                                                                                                                                                               adequate information as to the identity
                                                notice, and comments are unnecessary                    Affairs.                                               and quality of the product. The Alcohol
                                                and would be contrary to the public                                                                            and Tobacco Tax and Trade Bureau
                                                                                                        [FR Doc. 2016–26039 Filed 10–26–16; 8:45 am]
                                                interest. This rule is necessary to ensure                                                                     (TTB) administers the FAA Act
jstallworth on DSK7TPTVN1PROD with RULES




                                                                                                        BILLING CODE 4337–15–P
                                                that a court is immediately available to                                                                       pursuant to section 1111(d) of the
                                                administer justice on land within the                                                                          Homeland Security Act of 2002,
                                                Wind River Indian Reservation. If the                                                                          codified at 6 U.S.C. 531(d). The
                                                Tribal Court were to cease or suspend                                                                          Secretary has delegated various
                                                operations, this would affect, among                                                                           authorities through Treasury
                                                others, child and adult protection, and                                                                        Department Order 120–01, dated
                                                supervised Individual Indian Money                                                                             December 10, 2013 (superseding


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Document Created: 2016-10-27 01:52:11
Document Modified: 2016-10-27 01:52:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterim final rule.
DatesThis interim final rule is effective on October 27, 2016. Submit comments by November 28, 2016.
ContactMs. Elizabeth Appel, Director, Office of Regulatory Affairs & Collaborative Action--Indian Affairs, (202) 273-4680; [email protected]
FR Citation81 FR 74675 
RIN Number1076-AF33
CFR AssociatedCourts and Indians-Law

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