83 FR 34802 - Rights-of-Way on Indian Land; Bond Exemption
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs Federal Register Volume 83, Issue 141 (July 23, 2018)
Bureau of Indian Affairs
Federal Register Volume 83, Issue 141 (July 23, 2018)
| Page Range | 34802-34804 | |
| FR Document | 2018-15680 |
[Federal Register Volume 83, Number 141 (Monday, July 23, 2018)] [Proposed Rules] [Pages 34802-34804] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15680] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs 25 CFR Part 169 [189A2100DD/AAKC001030/A0A501010.999900 253G] RIN 1076-AF20 Rights-of-Way on Indian Land; Bond Exemption AGENCY: Bureau of Indian Affairs, Interior. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This proposed rule would exempt Federal, State, Tribal, and local governments from the requirement to obtain a bond, insurance, or alternative form of security for a right-of-way across Indian land and BIA land where such governments are prohibited by law from obtaining security. DATES: Comments are due by September 21, 2018. ADDRESSES: Please submit comments by email to consultation@bia.gov or to Office of Regulatory Affairs & Collaborative Action--Indian Affairs (RACA), U.S. Department of the Interior, 1849 C Street NW, Mail Stop 4660, Washington, DC 20240. FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of Regulatory Affairs & Collaborative Action, (202) 273-4680; elizabeth.appel@bia.gov. SUPPLEMENTARY INFORMATION: On November 19, 2015, the Bureau of Indian Affairs (BIA) finalized revisions to the regulations governing rights- of-way on Indian land and BIA land at 25 CFR part 169. See 80 FR 72492. The regulations became effective on April 21, 2016. 81 FR 14976. The final regulations established new requirements for bonding, insurance, or alternative form of security to cover the annual rental, estimated damages, operation and maintenance charges, and restoration. See 25 CFR 169.103(a). The regulations allow for waiver of this requirement on a case-by-case basis. See 25 CFR 169.103(f). Currently, a governmental entity applying for a right-of-way across Indian land or BIA land must seek a waiver (and landowner consent for the waiver) from the requirement to provide bonding, insurance, or alternate security in those cases in which the entity is prohibited by law from obtaining such bonding, insurance, or alternate security. This rule would eliminate the need for governmental entities to seek a waiver for each instance by exempting governmental entities from the [[Page 34803]] requirement to obtain bonding, insurance, or alternative form of security if they are prohibited by law from doing so. It also requires governmental entities to provide a certification with their application, with citation to applicable law, that they are prohibited by law from providing security. In addition, this rule requires governmental entities to notify landowners that they are prohibited by law from providing security when they notify the Indian landowners of their application under 25 CFR 169.107. Procedural Requirements A. Regulatory Planning and Review (E.O. 12866) Executive Order (E.O.) 12866 provides that the Office of Information and Regulatory Affairs (OIRA) at the Office of Management and Budget (OMB) will review all significant rules. OIRA has determined that this rule is not significant. E.O. 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the Nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The E.O. directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this rule in a manner consistent with these requirements. B. Regulatory Flexibility Act The Department of the Interior certifies that this document 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.). It does not change current funding requirements and would not impose any economic effects on small governmental entities. 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) Will 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) Will not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of the U.S.-based enterprises to compete with foreign-based enterprises. D. Unfunded Mandates Reform Act This rule does not impose an unfunded mandate on State, local, or Tribal governments or the private sector of more than $100 million per year. The rule does not have a significant or unique effect on State, local, or Tribal governments or the private sector. A 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 effect a taking of private property or otherwise have taking implications under E.O. 12630. A takings implication assessment is not required. F. Federalism (E.O. 13132) Under the criteria in section 1 of E.O. 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 E.O. 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) 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 and under the criteria in E.O. 13175 and have determined there are no substantial direct effects on federally recognized Indian Tribes that will result from this rulemaking because the rule addresses an inconsistency that may have otherwise prevented governments from obtaining rights-of-way on Indian land. I. Paperwork Reduction Act The Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., prohibits a Federal agency from conducting or sponsoring a collection of information that requires OMB approval, unless such approval has been obtained and the collection request displays a currently valid OMB control number. Nor is any person required to respond to an information collection request that has not complied with the PRA. In accordance with 44 U.S.C. 3507(d), the information collections in 25 CFR part 169 are authorized by OMB Control Number 1076-0181, Rights-of-Way on Indian Land, which expires 04/30/2019. The requirements in this rule to provide a legal citation and notice is not expected to have a quantifiable effect on the hour burden estimate for the information collection, but BIA will review whether its current estimates are affected by this change at the next renewal. A Federal agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless the form or regulation requesting the information 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 this is an administrative and procedural regulation. (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. K. Effects on the Energy Supply (E.O. 13211) This rule is not a significant energy action under the definition in E.O. 13211. A Statement of Energy Effects is not required. L. Clarity of this Regulation We are required by Executive Orders 12866 and 12988 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; [[Page 34804]] b. Use the active voice to address readers directly; c. Use 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 are unclearly written, which sections or sentences are too long, the sections where you believe 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. E.O. 13771: Reducing Regulation and Controlling Regulatory Costs This action is not an E.O. 13771 regulatory action because it imposes no more than de minimis costs. List of Subjects in 25 CFR Part 169 Indians-lands, Reporting and recordkeeping requirements, Rights-of- way. For the reasons stated in the preamble, the Department of the Interior, Bureau of Indian Affairs, proposes to amend 25 CFR part 169 as follows: PART 169--RIGHTS-OF-WAY OVER INDIAN LAND 0 1. The authority citation for part 169 continues to read as follows: Authority: 5 U.S.C. 301; 25 U.S.C. 323-328; 25 U.S.C. 2201 et seq. 0 2. Amend Sec. 169.103 by adding paragraph (k) to read as follows: Sec. 169.103 What bonds, insurance, or other security must accompany the application? * * * * * (k) The requirements of this section do not apply to Federal, State, Tribal, or local governments who are prohibited by law from providing a bond, insurance, or other security. Federal, State, Tribal, or local governments seeking this exemption must include with their application a certification, including a citation to applicable law, that they are prohibited by law from providing security. Federal, State, Tribal, or local governments must also notify landowners that they are prohibited by law from providing security when they notify the Indian landowners of their application under Sec. 169.107. Dated: June 29, 2018. John Tahsuda, Principal Deputy Assistant Secretary--Indian Affairs exercising the authority of the Assistant Secretary--Indian Affairs. [FR Doc. 2018-15680 Filed 7-20-18; 8:45 am] BILLING CODE 4337-15-P
![34802 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Proposed Rules
Authority: 49 U.S.C. 106(g), 40113, 44701. AMOCs for this AD, if requested using the DEPARTMENT OF THE INTERIOR
procedures found in 14 CFR 39.19. In
§ 39.13 [Amended] accordance with 14 CFR 39.19, send your Bureau of Indian Affairs
■ 2. The FAA amends § 39.13 by adding request to your principal inspector or local
the following new airworthiness Flight Standards District Office, as 25 CFR Part 169
directive (AD): appropriate. If sending information directly
[189A2100DD/AAKC001030/
Bombardier, Inc.: Docket No. FAA–2018– to the manager of the certification office,
A0A501010.999900 253G]
0635; Product Identifier 2017–NM–183– send it to ATTN: Program Manager,
AD. Continuing Operational Safety, FAA, New RIN 1076–AF20
York ACO Branch, 1600 Stewart Avenue,
(a) Comments Due Date Rights-of-Way on Indian Land; Bond
Suite 410, Westbury, NY 11590; telephone
We must receive comments by September 516–228–7300; fax 516–794–5531. Before Exemption
6, 2018. using any approved AMOC, notify your AGENCY: Bureau of Indian Affairs,
(b) Affected ADs appropriate principal inspector, or lacking a Interior.
None. principal inspector, the manager of the local
ACTION: Proposed rule.
flight standards district office/certificate
(c) Applicability holding district office. SUMMARY: This proposed rule would
This AD applies to Bombardier, Inc., (2) Contacting the Manufacturer: For any exempt Federal, State, Tribal, and local
Model DHC–8–102, –103, –106, –201, –202, requirement in this AD to obtain corrective governments from the requirement to
–301, –311, and –315 airplanes, certificated actions from a manufacturer, the action must
in any category, serial numbers 003 through
obtain a bond, insurance, or alternative
be accomplished using a method approved form of security for a right-of-way across
540 inclusive, on which Bombardier Service by the Manager, New York ACO Branch,
Bulletin 8–74–02, dated March 3, 2000; or Indian land and BIA land where such
FAA; or Transport Canada Civil Aviation governments are prohibited by law from
Revision A, dated January 27, 2014; has been
accomplished concurrently with or after (TCCA); or Bombardier, Inc.’s TCCA Design obtaining security.
accomplishment of Bombardier Service Approval Organization (DAO). If approved by
DATES: Comments are due by September
Bulletin 8–76–35 or 8–76–24. the DAO, the approval must include the
21, 2018.
DAO-authorized signature.
(d) Subject ADDRESSES: Please submit comments by
Air Transport Association (ATA) of (j) Related Information email to consultation@bia.gov or to
America Code 74, Ignition; 76, Engine (1) Refer to Mandatory Continuing Office of Regulatory Affairs &
Controls. Airworthiness Information (MCAI) Canadian Collaborative Action—Indian Affairs
(e) Reason AD CF–2017–21R1, dated June 28, 2017, for (RACA), U.S. Department of the Interior,
related information. This MCAI may be 1849 C Street NW, Mail Stop 4660,
This AD was prompted by a report that a
found in the AD docket on the internet at Washington, DC 20240.
certain modification to the auto relight
system is incompatible with a certain beta http://www.regulations.gov by searching for FOR FURTHER INFORMATION CONTACT:
lockout system modification and could result and locating Docket No. FAA–2018–0635. Elizabeth Appel, Director, Office of
in de-activation of the auto ignition feature (2) For more information about this AD, Regulatory Affairs & Collaborative
of the No. 2 engine. We are issuing this AD contact Anthony Flores, Aerospace Engineer, Action, (202) 273–4680;
to prevent unintentional de-activation of the Propulsion and Program Management elizabeth.appel@bia.gov.
auto ignition feature of the No. 2 engine Section, Chicago ACO Branch, Room 107, SUPPLEMENTARY INFORMATION: On
when the beta lockout system is activated, 2300 East Devon Avenue, Des Plaines, IL
which could result in an uncommanded in-
November 19, 2015, the Bureau of
60018; telephone 847–294–7140; fax 847– Indian Affairs (BIA) finalized revisions
flight shutdown of the No. 2 engine. 294–7834. to the regulations governing rights-of-
(f) Compliance (3) For information about AMOCs, contact
way on Indian land and BIA land at 25
Joe Catanzaro, Aerospace Engineer,
Comply with this AD within the CFR part 169. See 80 FR 72492. The
compliance times specified, unless already Propulsion Section, FAA, New York ACO
regulations became effective on April
done. Branch, 1600 Stewart Avenue, Suite 410,
21, 2016. 81 FR 14976. The final
Westbury, NY 11590; telephone 516–228–
(g) Inspection and Corrective Action regulations established new
7366; fax 516–794–5531; email 9-avs-nyaco-
Within 6000 flight hours or 36 months, cos@faa.gov.
requirements for bonding, insurance, or
whichever occurs first, after the effective date (4) For service information identified in
alternative form of security to cover the
of this AD, inspect and, as applicable, rectify this AD, contact Bombardier, Inc., Q-Series annual rental, estimated damages,
the auto ignition system in accordance with Technical Help Desk, 123 Garratt Boulevard, operation and maintenance charges, and
the Accomplishment Instructions of Toronto, Ontario M3K 1Y5, Canada; restoration. See 25 CFR 169.103(a). The
Bombardier Service Bulletin 8–74–07, dated regulations allow for waiver of this
telephone 416–375–4000; fax 416–375–4539;
April 13, 2016. requirement on a case-by-case basis. See
email thd.qseries@aero.bombardier.com;
(h) Credit for Previous Actions internet http://www.bombardier.com. You 25 CFR 169.103(f).
This paragraph provides credit for may view this service information at the Currently, a governmental entity
rectification required by paragraph (g) of this FAA, Transport Standards Branch, 2200 applying for a right-of-way across Indian
AD, if those actions were performed before South 216th St., Des Moines, WA. For land or BIA land must seek a waiver
the effective date of this AD using information on the availability of this (and landowner consent for the waiver)
Bombardier In-Service Modification material at the FAA, call 206–231–3195. from the requirement to provide
amozie on DSK3GDR082PROD with PROPOSALS1
IS8Q7400001, Revision C, dated November bonding, insurance, or alternate security
27, 2015. Issued in Des Moines, Washington, on July
in those cases in which the entity is
13, 2018.
(i) Other FAA AD Provisions prohibited by law from obtaining such
Michael Kaszycki, bonding, insurance, or alternate
The following provisions also apply to this
Acting Director, System Oversight Division, security. This rule would eliminate the
AD:
Aircraft Certification Service. need for governmental entities to seek a
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York ACO [FR Doc. 2018–15659 Filed 7–20–18; 8:45 am] waiver for each instance by exempting
Branch, FAA, has the authority to approve BILLING CODE 4910–13–P governmental entities from the
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![34804 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Proposed Rules
b. Use the active voice to address seeking this exemption must include SUPPLEMENTARY INFORMATION:
readers directly; with their application a certification,
I. Table of Abbreviations
c. Use clear language rather than including a citation to applicable law,
jargon; that they are prohibited by law from CFR Code of Federal Regulations
d. Be divided into short sections and providing security. Federal, State, DHS Department of Homeland Security
sentences; and Tribal, or local governments must also FR Federal Register
e. Use lists and tables wherever NPRM Notice of proposed rulemaking
notify landowners that they are § Section
possible. prohibited by law from providing U.S.C. United States Code
If you feel that we have not met these security when they notify the Indian
requirements, send us comments by one landowners of their application under II. Background, Purpose, and Legal
of the methods listed in the ADDRESSES § 169.107. Basis
section. To better help us revise the On March 22, 2018, Dunkirk Local
Dated: June 29, 2018.
rule, your comments should be as Development Corporation and Dunkirk
specific as possible. For example, you John Tahsuda,
Festivals notified the Coast Guard that
should tell us the numbers of the Principal Deputy Assistant Secretary—Indian
Affairs exercising the authority of the it would be conducting a professional
sections or paragraphs that are unclearly high speed powerboat race from 10:00
Assistant Secretary—Indian Affairs.
written, which sections or sentences are a.m. until 5:00 p.m. on August 19, 2018.
[FR Doc. 2018–15680 Filed 7–20–18; 8:45 am]
too long, the sections where you believe The race will be held in the vicinity of
lists or tables would be useful, etc. BILLING CODE 4337–15–P
the Dunkirk Harbor. Hazards from the
M. Public Availability of Comments boat regatta include high speed vessels.
The Captain of the Port Buffalo (COTP)
Before including your address, phone DEPARTMENT OF HOMELAND has determined that potential hazards
number, email address, or other SECURITY associated with the Great Lakes Offshore
personal identifying information in your Grand Prix would be a safety concern
comment, you should be aware that Coast Guard
for anyone within the designated safety
your entire comment—including your zone.
personal identifying information—may 33 CFR Part 165 The purpose of this rulemaking is to
be made publicly available at any time. [Docket Number USCG–2018–0683] enhance the safety of vessels and racers
While you can ask us in your comment on the navigable waters within the
to withhold your personal identifying RIN 1625–AA00
designated safety zone before, during,
information from public review, we and after the scheduled event. The Coast
Safety Zone; Great Lakes Offshore
cannot guarantee that we will be able to Guard proposes this rulemaking under
Grand Prix; Lake Erie, Dunkirk, NY
do so. authority 33 U.S.C. 1231.
AGENCY: Coast Guard, DHS.
N. E.O. 13771: Reducing Regulation and III. Discussion of Proposed Rule
Controlling Regulatory Costs ACTION: Notice of proposed rulemaking.
The COTP proposes to establish a
This action is not an E.O. 13771 SUMMARY: The Coast Guard proposes to temporary safety zone enforced
regulatory action because it imposes no establish a temporary safety zone for intermittently, from 10:00 a.m. until
more than de minimis costs. certain waters of Dunkirk Harbor, Lake 5:00 p.m. on August 19, 2018 with a
Erie, Dunkirk, NY during the Great rain date of August 18, 2018. The safety
List of Subjects in 25 CFR Part 169 Lakes Offshore Grand Prix. This zone will encompass all navigable
Indians-lands, Reporting and proposed rulemaking would prohibit waters of Lake Erie, Dunkirk, NY
recordkeeping requirements, Rights-of- persons and vessels from being in the starting at position 42°29′37.7″ N,
way. safety zone unless authorized by the 079°21′17.7″ W then Northwest to
For the reasons stated in the Captain of the Port Buffalo or a 42°29′45.2″ N, 079°21′28.2″ W then
preamble, the Department of the designated representative. We invite Northeast to 42°30′15.0″ N, 079°21′20.0″
Interior, Bureau of Indian Affairs, your comments on this proposed W then Northeast to 42°30′39.0″ N,
proposes to amend 25 CFR part 169 as rulemaking. 079°19′46.0″ W then Southeast to
follows: DATES: Comments and related material 42°30′09.3″ N, 079°19′03.1″ W. The
must be received by the Coast Guard on duration of the zone is intended to
PART 169—RIGHTS-OF-WAY OVER enhance the safety of vessels and these
or before August 7, 2018.
INDIAN LAND navigable waters before, during, and
ADDRESSES: You may submit comments
after the scheduled 10:00 a.m. until 5:00
■ 1. The authority citation for part 169 identified by docket number USCG–
p.m. boat races. No vessel or person
continues to read as follows: 2018–0683 using the Federal
would be permitted to enter the safety
Authority: 5 U.S.C. 301; 25 U.S.C. 323–
eRulemaking Portal at http://
zone without obtaining permission from
328; 25 U.S.C. 2201 et seq. www.regulations.gov. See the ‘‘Public
the COTP or a designated
Participation and Request for
■ 2. Amend § 169.103 by adding representative. The regulatory text we
Comments’’ portion of the
paragraph (k) to read as follows: are proposing appears at the end of this
SUPPLEMENTARY INFORMATION section for
document.
§ 169.103 What bonds, insurance, or other further instructions on submitting
amozie on DSK3GDR082PROD with PROPOSALS1
security must accompany the application? comments. IV. Regulatory Analyses
* * * * * FOR FURTHER INFORMATION CONTACT: If We developed this proposed rule after
(k) The requirements of this section you have questions about this proposed considering numerous statutes and
do not apply to Federal, State, Tribal, or rulemaking, call or email LCDR Michael Executive orders related to rulemaking.
local governments who are prohibited Collet, Chief of Waterways Management, Below we summarize our analyses
by law from providing a bond, U.S. Coast Guard Sector Buffalo; based on a number of these statutes and
insurance, or other security. Federal, telephone 716–843–9322, email D09- Executive orders and we discuss First
State, Tribal, or local governments SMB-SECBuffalo-WWM@uscg.mil. Amendment rights of protestors.
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Document Created: 2018-07-21 00:49:02
Document Modified: 2018-07-21 00:49:02
| 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 | Proposed rule. | |
| Dates | Comments are due by September 21, 2018. | |
| Contact | Elizabeth Appel, Director, Office of Regulatory Affairs & Collaborative Action, (202) 273-4680; [email protected] | |
| FR Citation | 83 FR 34802 | |
| RIN Number | 1076-AF20 | |
| CFR Associated | Indians-Lands; Reporting and Recordkeeping Requirements and Rights-Of-Way |
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