83 FR 55267 - Change of Address; Indian Child Welfare Act
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs Federal Register Volume 83, Issue 214 (November 5, 2018)
Bureau of Indian Affairs
Federal Register Volume 83, Issue 214 (November 5, 2018)
| Page Range | 55267-55269 | |
| FR Document | 2018-24173 |
[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)] [Rules and Regulations] [Pages 55267-55269] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24173] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [190A2100DD/AAKC001030/A0A501010.999900 253G] 25 CFR Part 23 RIN 1076-AF42 Change of Address; Indian Child Welfare Act AGENCY: Bureau of Indian Affairs, Interior. ACTION: Final rule; technical amendment. ----------------------------------------------------------------------- SUMMARY: The Bureau of Indian Affairs (BIA) is amending its regulations to reflect a change of addresses for filing copies of Indian Child Welfare Act (ICWA) notices to the Alaska Regional Director and Midwest Regional Director, and to update the mail stop for BIA's Central Office in Washington, DC for filing ICWA adoption notices. This rule is a technical amendment that corrects the addresses for filing ICWA documents with the Alaska Regional Director, Midwest Regional Director, and Central Office in Washington, DC. DATES: Effective November 5, 2018. FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of Regulatory Affairs & Collaborative Action, (202) 273-4680; elizabeth.appel@bia.gov. SUPPLEMENTARY INFORMATION: ICWA requires, in any involuntary proceeding, the party seeking foster-care placement of, or termination of parental rights to, an Indian child must notify the parents, Indian custodians, and child's Tribe and send a copy to the appropriate BIA Regional Director. This notice updates the addresses for two of the Regional Director offices. ICWA also requires that any State court entering a final adoption decree or order in any Indian child adoptive placement furnish a copy of the decree or order to BIA Chief of Human Services at BIA's Central Office. This rule also updates the mail stop for Central Office in Washington, DC, because the mail stop has moved. Procedural Requirements A. Regulatory Planning and Review (E.O. 12866 and 13563) 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. The Department has developed this rule in a manner consistent with these requirements. [[Page 55268]] 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 (RFA) (5 U.S.C. 601 et seq.). The rule is administrative in nature and affects only mailing addresses. 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. It will not result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year. The rule's requirements will not result in a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. Nor will this rule 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) Under the criteria in Executive Order 12630, this rule does not affect individual property rights protected by the Fifth Amendment nor does it involve a compensable ``taking.'' A takings implication assessment is therefore not required. F. Federalism (E.O. 13132) Under the criteria in Executive Order 13132, this rule has no substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. This rule corrects BIA mailing addresses. G. Civil Justice Reform (E.O. 12988) This rule complies with the requirements of Executive Order 12988. Specifically, this rule meets the criteria of section 3(a) requiring all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation and 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 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 Executive Order 13175 and have determined there are no potential effects on federally recognized Indian Tribes and Indian trust assets. 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. This rule does not contain any information collections requiring approval under the PRA; however, OMB has approved the information collection requirements related to this rule under OMB Control No. 1076-1086. J. National Environmental Policy Act This rule does not constitute a major Federal action significantly affecting the quality of the human environment because it is of an administrative, technical, and procedural nature. See, 43 CFR 46.210(i). No extraordinary circumstances exist that would require greater review under the National Environmental Policy Act. 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. Determination To Issue Final Rule Without the Opportunity for Public Comment and With Immediate Effective Date BIA is taking this action under its authority, at 5 U.S.C. 552, to publish regulations in the Federal Register. Under the Administrative Procedure Act, statutory procedures for agency rulemaking do not apply ``when the agency for good cause finds . . . that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.'' 5 U.S.C. 553(b)(3)(B). BIA finds that the notice and comment procedure are impracticable, unnecessary, or contrary to the public interest, because: (1) These amendments are non-substantive; and (2) the public benefits for timely notification of a change in the official agency address, and further delay is unnecessary and contrary to the public interest. Similarly because this final rule makes no substantive changes and merely reflects a change of address and updates to titles in the existing regulations, this final rule is not subject to the effective date limitation of 5 U.S.C. 553(d). List of Subjects in 25 CFR Part 23 Administrative practice and procedures, Child welfare, Grant programs--Indians, Grant programs--social programs, Indians, Reporting and recordkeeping requirements. For the reasons stated in the preamble, the Department of the Interior, Bureau of Indian Affairs, amends part 23 in title 25 of the Code of Federal Regulations as follows: PART 23--INDIAN CHILD WELFARE ACT 0 1. The authority for part 23 continues to read as follows: Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 1901-1952. 0 2. In Sec. 23.11, revise paragraphs (b)(2) and (7) to read as follows: Sec. 23.11 Notice. * * * * * (b) * * * (2) For child-custody proceedings in Illinois, Indiana, Iowa, Michigan, Minnesota, Ohio, or Wisconsin, notices must be sent to the following address: Minneapolis Regional Director, Bureau of Indian Affairs, 5600 American Blvd. W, Ste. 500, Bloomington, MN 55437. * * * * * (7) For child-custody proceedings in Alaska (except for notices to the Metlakatla Indian Community, Annette Island Reserve, Alaska), notices must be sent to the following address: Alaska Regional Director--Attn: Human Services, Bureau of Indian Affairs, 3601 C Street, Suite 1258, Anchorage, Alaska 99503. Notices to the Metlakatla Indian Community, Annette Island Reserve, Alaska, must be sent to the Portland Regional Director at the address listed in paragraph (b)(11) of this section. * * * * * [[Page 55269]] 0 3. In Sec. 23.140, revise paragraph (a) introductory text to read as follows: Sec. 23.140 What information must States furnish to the Bureau of Indian Affairs? (a) Any State court entering a final adoption decree or order in any voluntary or involuntary Indian-child adoptive placement must furnish a copy of the decree or order within 30 days to the Bureau of Indian Affairs, Chief, Division of Human Services, 1849 C Street NW, Mail Stop 3645 MIB, Washington, DC 20240, along with the following information, in an envelope marked ``Confidential'': * * * * * Dated: August 16, 2018. Tara Sweeney, Assistant Secretary--Indian Affairs. [FR Doc. 2018-24173 Filed 11-2-18; 8:45 am] BILLING CODE 4337-15-P
![Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Rules and Regulations 55267
thinking of FDA on this topic. It does guidance include new Q&A(s) regarding Director and Midwest Regional Director,
not establish any rights for any person added sugars, which include examples and to update the mail stop for BIA’s
and is not binding on FDA or the public. for calculating added sugars in certain Central Office in Washington, DC for
You can use an alternative approach if products. The guidance notes that, filing ICWA adoption notices. This rule
it satisfies the requirements of the although the Nutrition Facts label and is a technical amendment that corrects
applicable statutes and regulations. This Serving Size final rules became effective the addresses for filing ICWA
guidance is not subject to Executive on July 26, 2016, their compliance dates documents with the Alaska Regional
Order 12866. (originally scheduled to be July 26, Director, Midwest Regional Director,
In the Federal Register of May 27, 2018, for manufacturers with $10 and Central Office in Washington, DC.
2016, FDA issued two final rules million or more in annual food sales
entitled ‘‘Food Labeling: Revision of the and July 26, 2019, for manufacturers DATES: Effective November 5, 2018.
Nutrition and Supplement Facts Labels’’ with less than $10 million in annual FOR FURTHER INFORMATION CONTACT:
(81 FR 33742; the ‘‘Nutrition Facts label food sales) have not been realized yet. Elizabeth Appel, Director, Office of
final rule’’) and the ‘‘Food Labeling: In the Federal Register of October 2, Regulatory Affairs & Collaborative
Serving Sizes of Foods That Can 2017 (82 FR 45753), however, we Action, (202) 273–4680;
Reasonably Be Consumed At One Eating proposed to extend the compliance date elizabeth.appel@bia.gov.
Occasion; Dual-Column Labeling; for manufacturers with $10 million or
Updating, Modifying, and Establishing more in annual food sales from July 26, SUPPLEMENTARY INFORMATION: ICWA
Certain Reference Amounts Customarily 2018, to January 1, 2020, and the requires, in any involuntary proceeding,
Consumed; Serving Size for Breath compliance date for manufacturers with the party seeking foster-care placement
Mints; and Technical Amendments (81 less than $10 million in annual food of, or termination of parental rights to,
FR 34000; the ‘‘Serving Size final rule’’). sales from July 26, 2019, to January 1, an Indian child must notify the parents,
The Nutrition Facts label final rule 2021. We finalized the changes to the Indian custodians, and child’s Tribe and
amends the regulations for the nutrition compliance date in the Federal Register send a copy to the appropriate BIA
labeling of conventional foods and of May 4, 2018 (83 FR 19619). In Regional Director. This notice updates
dietary supplements to provide updated addition, we made editorial changes to the addresses for two of the Regional
nutrition information and to improve the draft guidance language to improve Director offices. ICWA also requires that
how the nutrition information is clarity. The guidance announced in this any State court entering a final adoption
presented to consumers. The Nutrition notice finalizes the draft guidance dated decree or order in any Indian child
Facts label final rule also revised the January 2017. adoptive placement furnish a copy of
Nutrition Facts label to replace ‘‘sugars’’ the decree or order to BIA Chief of
with ‘‘total sugars’’ and to include the II. Electronic Access Human Services at BIA’s Central Office.
declaration of added sugars. The Persons with access to the internet This rule also updates the mail stop for
Serving Size final rule amended the may obtain the guidance at either Central Office in Washington, DC,
definition of a single-serving container, https://www.fda.gov/FoodGuidances or because the mail stop has moved.
required dual-column labeling on https://www.regulations.gov. Use the
certain packages, and amended several FDA website listed in the previous Procedural Requirements
reference amounts customarily sentence to find the most current A. Regulatory Planning and Review
consumed that are used by version of the guidance. (E.O. 12866 and 13563)
manufacturers to determine their label
serving size. The two final rules Dated: October 30, 2018.
Executive Order (E.O.) 12866 provides
provided two compliance dates Leslie Kux,
that the Office of Information and
distinguishing between manufacturers Associate Commissioner for Policy.
Regulatory Affairs (OIRA) at the Office
with $10 million or more in annual food [FR Doc. 2018–24125 Filed 11–2–18; 8:45 am] of Management and Budget (OMB) will
sales (July 26, 2018) and manufacturers BILLING CODE 4164–01–P review all significant rules. OIRA has
with less than $10 million in annual determined that this rule is not
food sales (July 26, 2019). As discussed significant.
below, FDA extended the compliance DEPARTMENT OF THE INTERIOR
dates for these final rules. E.O. 13563 reaffirms the principles of
In the Federal Register of January 5, Bureau of Indian Affairs E.O. 12866 while calling for
2017 (82 FR 1347), we made available improvements in the nation’s regulatory
[190A2100DD/AAKC001030/ system to promote predictability, to
a draft guidance for industry entitled A0A501010.999900 253G]
‘‘Questions and Answers on the reduce uncertainty, and to use the best,
Nutrition and Supplement Facts Labels 25 CFR Part 23 most innovative, and least burdensome
Related to the Compliance Date, Added tools for achieving regulatory ends. The
Sugars, and Declaration of Quantitative RIN 1076–AF42 E.O. directs agencies to consider
Amounts of Vitamins and Minerals; regulatory approaches that reduce
Change of Address; Indian Child burdens and maintain flexibility and
Draft Guidance for Industry;
Welfare Act freedom of choice for the public where
Availability’’ and gave interested parties
an opportunity to submit comments by AGENCY: Bureau of Indian Affairs, these approaches are relevant, feasible,
March 6, 2017, for us to consider before Interior. and consistent with regulatory
beginning work on the final version of ACTION: Final rule; technical objectives. E.O. 13563 emphasizes
the guidance. We received several amendment. further that regulations must be based
comments on the draft guidance on the best available science and that
primarily related to compliance dates SUMMARY: The Bureau of Indian Affairs the rulemaking process must allow for
and labeling requirements for added (BIA) is amending its regulations to public participation and an open
sugars, and have modified the final reflect a change of addresses for filing exchange of ideas. The Department has
guidance where appropriate in response copies of Indian Child Welfare Act developed this rule in a manner
to the comments. Changes to the (ICWA) notices to the Alaska Regional consistent with these requirements.
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![Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Rules and Regulations 55269
■ 3. In § 23.140, revise paragraph (a) Electronic Availability available on its website on January 16,
introductory text to read as follows: 2016.
This document and additional Reinstating certain authorities and
§ 23.140 What information must States information concerning OFAC are removing E.O. 13599 List references. In
furnish to the Bureau of Indian Affairs? available on OFAC’s website furtherance of the President’s May 8,
(a) Any State court entering a final (www.treasury.gov/ofac). 2018 decision and in light of the
adoption decree or order in any Background issuance of E.O. 13846, OFAC is now
voluntary or involuntary Indian-child amending the ITSR and appendix A to
adoptive placement must furnish a copy Implementing the President’s May 8, 31 CFR chapter V by: (1) Reinstating the
of the decree or order within 30 days to 2018 Decision by Reinstating Certain regulatory provisions implementing the
the Bureau of Indian Affairs, Chief, Authorities in the ITSR and Making authorities that were previously in
Division of Human Services, 1849 C Certain Technical and Conforming sections 5 and 6 of E.O. 13622 and now
Street NW, Mail Stop 3645 MIB, Changes are in sections 1 and 10 of E.O. 13846
Washington, DC 20240, along with the On May 8, 2018, the President issued by revising paragraph (c) of § 560.211 of
following information, in an envelope National Security Presidential the ITSR; and (2) removing references to
marked ‘‘Confidential’’: Memorandum-11 (NSPM–11), which set the E.O. 13599 List by revising notes in
* * * * * forth his decision to cease the United §§ 560.211 and 560.304 of the ITSR,
Dated: August 16, 2018. States’ participation in the JCPOA. In revising note 1 to § 560.324 of the ITSR,
NSPM–11, the President directed the and revising a note to appendix A to 31
Tara Sweeney,
Secretary of State and the Secretary of CFR chapter V.
Assistant Secretary—Indian Affairs. Sections 1(a)(i) and 1(a)(ii) of E.O.
[FR Doc. 2018–24173 Filed 11–2–18; 8:45 am]
the Treasury to immediately begin
taking steps to reimpose all U.S. 13846 authorize the Secretary of the
BILLING CODE 4337–15–P
sanctions lifted or waived in connection Treasury to block all property and
with the JCPOA as expeditiously as interests in property that are in the
United States, that come within the
possible, and in no case later than 180
DEPARTMENT OF THE TREASURY United States, or that are or come within
days from the date of NSPM–11. In
the possession or control of any U.S.
Office of Foreign Assets Control accordance with his decision, on August
person, including any foreign branch, of
6, 2018, the President issued Executive
a person upon determining that: (i) On
31 CFR Part 560 and Appendix A to Order 13846 (83 FR 38939, August 7,
or after August 7, 2018, the person has
Chapter V 2018) (E.O. 13846) to, among other
materially assisted, sponsored, or
things, re-impose relevant authorities
provided financial, material, or
Iranian Transactions and Sanctions from certain Executive Orders that had
technological support for, or goods or
Regulations been revoked previously. Today, OFAC
services in support of, the purchase or
is amending the ITSR, 31 CFR part 560, acquisition of U.S. bank notes or
AGENCY: Office of Foreign Assets and appendix A to 31 CFR chapter V to
Control, Treasury. precious metals by the Government of
take additional regulatory steps to Iran, or (ii) on or after November 5,
ACTION: Final rule. implement the President’s May 8, 2018 2018, the person has materially assisted,
decision. sponsored, or provided financial,
SUMMARY: The Department of the
Treasury’s Office of Foreign Assets Previously revoked authorities. On material, or technological support for, or
Control (OFAC) is amending the Iranian January 16, 2016, the President issued goods or services in support of, the
Transactions and Sanctions Regulations Executive Order 13716 (81 FR 3693, National Iranian Oil Company (NIOC),
(ITSR) to implement further the January 21, 2016) (E.O. 13716), which, the Naftiran Intertrade Company
President’s May 8, 2018 decision to among other things, revoked Executive (NICO), or the Central Bank of Iran.
cease the United States’ participation in Order 13622 of July 30, 2012 (77 FR Section 16 of E.O. 13846 defines the
the Joint Comprehensive Plan of Action 45897, August 2, 2012) (E.O. 13622) in terms ‘‘NIOC’’ and ‘‘NICO’’ as including
(JCPOA) by making changes to reflect connection with the JCPOA. In light of any entity owned or controlled by, or
the re-imposition of sanctions pursuant this revocation, on January 21, 2016, operating for or on behalf of,
to certain sections of Executive Order OFAC amended the ITSR to, among respectively, NIOC or NICO. Section 10
13846 and changes to certain sanctions other things, remove regulatory of E.O. 13846 provides that section 1(a)
lists maintained by OFAC. OFAC is also provisions that implemented sections 5 of the order, among other specified
amending an existing general license in and 6 of E.O. 13622. (See 81 FR 3330). provisions, shall not apply to any
the ITSR to authorize U.S. persons to In that rule, OFAC also made certain person for conducting or facilitating a
sell personal property in Iran and technical and conforming changes to the transaction involving a project
transfer the proceeds to the United ITSR and appendix A to 31 CFR chapter described in subsection (a) of section
States. V related to (1) the removal of certain 603 of the Iran Threat Reduction and
individuals and entities from OFAC’s Syria Human Rights Act of 2012 to
DATES: Effective: November 5, 2018. Specially Designated Nationals and which the exception under that section
FOR FURTHER INFORMATION CONTACT: Blocked Persons List (SDN List), the applies. Although it is not named in the
OFAC: Assistant Director for Licensing, Foreign Sanctions Evaders List, and the section, section 10 of E.O. 13846 refers
tel.: 202–622–2480; Assistant Director Non-SDN Iran Sanctions Act List on to the Shah Deniz natural gas field in
for Regulatory Affairs, tel.: 202–622– January 16, 2016, and (2) the concurrent Azerbaijan’s sector of the Caspian Sea
4855; Assistant Director for Sanctions transfer of certain individuals and and related pipeline projects to bring
Compliance & Evaluation, tel.: 202–622– entities that OFAC had previously the gas from Azerbaijan to Europe and
2490; or the Department of the identified as blocked pursuant to E.O. Turkey.
Treasury’s Office of the Chief Counsel 13599 of February 5, 2012, to a ‘‘List of By separate action, effective
(Foreign Assets Control), Office of the Persons Identified as Blocked Solely November 5, 2018, OFAC is removing
General Counsel, tel.: 202–622–2410. Pursuant to Executive Order 13599’’ the E.O. 13599 List from its website and
SUPPLEMENTARY INFORMATION: (E.O. 13599 List), which OFAC made relisting on the SDN List, as
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Document Created: 2018-11-03 00:28:51
Document Modified: 2018-11-03 00:28:51
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; technical amendment. | |
| Dates | Effective November 5, 2018. | |
| Contact | Elizabeth Appel, Director, Office of Regulatory Affairs & Collaborative Action, (202) 273-4680; [email protected] | |
| FR Citation | 83 FR 55267 | |
| RIN Number | 1076-AF42 | |
| CFR Associated | Administrative Practice and Procedures; Child Welfare; Grant Programs-Indians; Grant Programs-Social Programs; Indians and Reporting and Recordkeeping Requirements |
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