83_FR_55481 83 FR 55267 - Change of Address; Indian Child Welfare Act

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)

Page Range55267-55269
FR Document2018-24173

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.

Federal Register, Volume 83 Issue 214 (Monday, November 5, 2018)
[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]


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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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     55268            Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Rules and Regulations

     B. Regulatory Flexibility Act                           litigation and meets the criteria of                  notice and public procedure thereon are
       This rule will not have a significant                 section 3(b)(2) requiring that all                    impracticable, unnecessary, or contrary
     economic effect on a substantial number                 regulations be written in clear language              to the public interest.’’ 5 U.S.C.
     of small entities under the Regulatory                  and contain clear legal standards.                    553(b)(3)(B). BIA finds that the notice
     Flexibility Act (RFA) (5 U.S.C. 601 et                                                                        and comment procedure are
                                                             H. Consultation With Indian Tribes
     seq.). The rule is administrative in                                                                          impracticable, unnecessary, or contrary
                                                             (E.O. 13175)
     nature and affects only mailing                                                                               to the public interest, because: (1) These
     addresses.                                                 The Department strives to strengthen               amendments are non-substantive; and
                                                             its government-to-government                          (2) the public benefits for timely
     C. Small Business Regulatory                            relationship with Indian Tribes through               notification of a change in the official
     Enforcement Fairness Act                                a commitment to consultation with                     agency address, and further delay is
       This rule is not a major rule under 5                 Indian Tribes and recognition of their                unnecessary and contrary to the public
     U.S.C. 804(2), the Small Business                       right to self-governance and Tribal                   interest. Similarly because this final rule
     Regulatory Enforcement Fairness Act. It                 sovereignty. We have evaluated this rule              makes no substantive changes and
     will not result in the expenditure by                   under the Department’s consultation                   merely reflects a change of address and
     State, local, or tribal governments, in the             policy and under the criteria in                      updates to titles in the existing
     aggregate, or by the private sector of                  Executive Order 13175 and have                        regulations, this final rule is not subject
     $100 million or more in any one year.                   determined there are no potential effects             to the effective date limitation of 5
     The rule’s requirements will not result                 on federally recognized Indian Tribes                 U.S.C. 553(d).
     in a major increase in costs or prices for              and Indian trust assets.
                                                                                                                   List of Subjects in 25 CFR Part 23
     consumers, individual industries,                       I. Paperwork Reduction Act
     Federal, State, or local government                                                                             Administrative practice and
     agencies, or geographic regions. Nor will                  The Paperwork Reduction Act (PRA),                 procedures, Child welfare, Grant
     this rule have significant adverse effects              44 U.S.C. 3501 et seq., prohibits a                   programs—Indians, Grant programs—
     on competition, employment,                             Federal agency from conducting or                     social programs, Indians, Reporting and
     investment, productivity, innovation, or                sponsoring a collection of information                recordkeeping requirements.
     the ability of the U.S.-based enterprises               that requires OMB approval, unless
                                                             such approval has been obtained and                     For the reasons stated in the
     to compete with foreign-based                                                                                 preamble, the Department of the
     enterprises.                                            the collection request displays a
                                                             currently valid OMB control number.                   Interior, Bureau of Indian Affairs,
     D. Unfunded Mandates Reform Act                         Nor is any person required to respond                 amends part 23 in title 25 of the Code
       This rule does not impose an                          to an information collection request that             of Federal Regulations as follows:
     unfunded mandate on State, local, or                    has not complied with the PRA. This
                                                                                                                   PART 23—INDIAN CHILD WELFARE
     Tribal governments or the private sector                rule does not contain any information
                                                                                                                   ACT
     of more than $100 million per year. The                 collections requiring approval under the
     rule does not have a significant or                     PRA; however, OMB has approved the                    ■ 1. The authority for part 23 continues
     unique effect on State, local, or Tribal                information collection requirements                   to read as follows:
     governments or the private sector. A                    related to this rule under OMB Control
                                                             No. 1076–1086.                                          Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9,
     statement containing the information
                                                                                                                   1901–1952.
     required by the Unfunded Mandates                       J. National Environmental Policy Act
     Reform Act (2 U.S.C. 1531 et seq.) is not                                                                     ■ 2. In § 23.11, revise paragraphs (b)(2)
     required.                                                  This rule does not constitute a major              and (7) to read as follows:
                                                             Federal action significantly affecting the
     E. Takings (E.O. 12630)                                 quality of the human environment                      § 23.11    Notice.
       Under the criteria in Executive Order                 because it is of an administrative,                   *      *    *     *    *
     12630, this rule does not affect                        technical, and procedural nature. See,                   (b) * * *
     individual property rights protected by                 43 CFR 46.210(i). No extraordinary                       (2) For child-custody proceedings in
     the Fifth Amendment nor does it                         circumstances exist that would require                Illinois, Indiana, Iowa, Michigan,
     involve a compensable ‘‘taking.’’ A                     greater review under the National                     Minnesota, Ohio, or Wisconsin, notices
     takings implication assessment is                       Environmental Policy Act.                             must be sent to the following address:
     therefore not required.                                 K. Effects on the Energy Supply (E.O.                 Minneapolis Regional Director, Bureau
     F. Federalism (E.O. 13132)                              13211)                                                of Indian Affairs, 5600 American Blvd.
                                                                                                                   W, Ste. 500, Bloomington, MN 55437.
        Under the criteria in Executive Order                  This rule is not a significant energy
                                                             action under the definition in Executive              *      *    *     *    *
     13132, this rule has no substantial direct
     effect on the States, on the relationship               Order 13211. A Statement of Energy                       (7) For child-custody proceedings in
     between the national government and                     Effects is not required.                              Alaska (except for notices to the
     the States, or on the distribution of                                                                         Metlakatla Indian Community, Annette
                                                             L. Determination To Issue Final Rule                  Island Reserve, Alaska), notices must be
     power and responsibilities among the
                                                             Without the Opportunity for Public                    sent to the following address: Alaska
     various levels of government. This rule
                                                             Comment and With Immediate Effective                  Regional Director—Attn: Human
     corrects BIA mailing addresses.
                                                             Date                                                  Services, Bureau of Indian Affairs, 3601
     G. Civil Justice Reform (E.O. 12988)                       BIA is taking this action under its                C Street, Suite 1258, Anchorage, Alaska
       This rule complies with the                           authority, at 5 U.S.C. 552, to publish                99503. Notices to the Metlakatla Indian
     requirements of Executive Order 12988.                  regulations in the Federal Register.                  Community, Annette Island Reserve,
     Specifically, this rule meets the criteria              Under the Administrative Procedure                    Alaska, must be sent to the Portland
     of section 3(a) requiring all regulations               Act, statutory procedures for agency                  Regional Director at the address listed in
     be reviewed to eliminate errors and                     rulemaking do not apply ‘‘when the                    paragraph (b)(11) of this section.
     ambiguity and be written to minimize                    agency for good cause finds . . . that                *      *    *     *    *


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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
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
ActionFinal rule; technical amendment.
DatesEffective November 5, 2018.
ContactElizabeth Appel, Director, Office of Regulatory Affairs & Collaborative Action, (202) 273-4680; [email protected]
FR Citation83 FR 55267 
RIN Number1076-AF42
CFR AssociatedAdministrative Practice and Procedures; Child Welfare; Grant Programs-Indians; Grant Programs-Social Programs; Indians and Reporting and Recordkeeping Requirements

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