83 FR 8609 - Tribal Transportation Program; Delay of Compliance Date

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 83, Issue 40 (February 28, 2018)

Page Range		8609-8610
FR Document		2018-04103

The Bureau of Indian Affairs (BIA) is confirming the interim final rule published on October 31, 2017, that delayed the deadline for Tribes to comply with Tribal Transportation Program requirements to collect data on proposed roads for the National Tribal Transportation Facility Inventory (NTTFI).

Federal Register, Volume 83 Issue 40 (Wednesday, February 28, 2018)

[Federal Register Volume 83, Number 40 (Wednesday, February 28, 2018)]
[Rules and Regulations]
[Pages 8609-8610]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04103]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 170

[189D0102DRDS5A300000DR.5A311.IA000118]
RIN 1076-AF38


Tribal Transportation Program; Delay of Compliance Date

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Final rule; confirmation.

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

SUMMARY: The Bureau of Indian Affairs (BIA) is confirming the interim 
final rule published on October 31, 2017, that delayed the deadline for 
Tribes to comply with Tribal Transportation Program requirements to 
collect data on proposed roads for the National Tribal Transportation 
Facility Inventory (NTTFI).

DATES: This rule is effective February 28, 2018.

FOR FURTHER INFORMATION CONTACT: Mr. LeRoy Gishi, Division of 
Transportation, Office of Indian Services, Bureau of Indian Affairs, 
(202) 513-7711, [email protected].

SUPPLEMENTARY INFORMATION:

I. Summary of Rule
II. Procedural Requirements
    A. Regulatory Planning and Review (E.O. 12866)
    B. Regulatory Flexibility Act
    C. Small Business Regulatory Enforcement Fairness Act
    D. Unfunded Mandates Reform Act
    E. Takings (E.O. 12630)
    F. Federalism (E.O. 13132)
    G. Civil Justice Reform (E.O. 12988)
    H. Consultation With Indian Tribes (E.O. 13175 and Departmental 
Policy)
    I. Paperwork Reduction Act
    J. National Environmental Policy Act
    K. Effects on the Energy Supply (E.O. 13211)
    L. Clarity of This Regulation
    M. E.O. 13771: Reducing Regulation and Controlling Regulatory 
Costs

I. Summary of Rule

    Regulations governing the Tribal Transportation Program published 
in 2016. See 81 FR 78456 (November 7, 2016). The regulations became 
effective on December 7, 2016, except for Sec.  170.443, which required 
Tribes' compliance one year later: On November 7, 2017. Section 170.443 
required Tribes to collect data for proposed roads to be added to, or 
remain in, the NTTFI.
    On October 31, 2017, BIA published an interim final rule delaying 
the November 7, 2017, deadline for compliance with Sec.  170.443 to 
November 7, 2019. See 82 FR 50312. The delay provides BIA with time to 
reexamine the need for this data collected in the NTTFI and consult 
with Tribes on whether revision or deletion of the data collection 
requirements in Sec.  170.443 is appropriate. BIA received 38 comments 
in the Federal e-rulemaking docket for this rule, none of which were 
relevant. The final rule being published today therefore confirms the 
interim final rule and the delay of the compliance date to November 7, 
2019.

II. 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. We have developed this rule in a manner consistent with these 
requirements.

B. Regulatory Flexibility Act

    This rule will not have a significant economic effect on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.) because Tribes are not small entities under 
the Regulatory Flexibility Act.

C. Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more because this rule affects only surface transportation for 
Tribes.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions because it does not affect costs or 
prices.
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises 
because the rule addresses Tribal surface transportation within the 
United States.

D. Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
Tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local, or Tribal governments or the private sector. A statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1531 et seq.) is not required.

E. Takings (E.O. 12630)

    This rule does not affect a taking of private property or otherwise 
have taking implications under E.O. 12360. 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 
summary impact statement, because the rule primarily addresses the 
relationship between the Federal Government and Tribes. 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 written 
to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

H. Consultation With Indian Tribes (E.O. 13175 and Departmental Policy)

    The Department of the Interior strives to strengthen its 
government-to-government regulations with Indian Tribes through a 
commitment to consultation with Indian Tribes and recognition of their 
right to self-governance and Tribal sovereignty. We

[[Page 8610]]

have evaluated this rule under the Department's consultation policy and 
have identified substantial direct effects on federally recognized 
Indian Tribes that will result from this rule. This rule will relieve a 
regulatory burden from Tribes and allow time for consultation on an 
appropriate replacement or deletion of regulatory requirements.

I. Paperwork Reduction Act

    This rule contains information collection requirements, and the 
Office of Management and Budget (OMB) has approved the information 
collections under the Paperwork Reduction Act (PRA) under OMB Control 
Number 1076-0161, which expires December 31, 2019. Please note that an 
agency may not sponsor or request, and an individual need not respond 
to, a collection of information unless it displays a 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'', 42 
U.S.C. 4321 et seq.) is not required because the rule is covered by a 
categorical exclusion. This rule is excluded from the requirement to 
prepare a detailed statement because it is a regulation of an 
administrative nature. (For further information, see 43 CFR 46.210(i)) 
We have also determined that the rule does not involve any of the 
extraordinary circumstances listed in 43 CFR 46.215 that would require 
further analysis under NEPA.

K. Effects on the Energy Supply (E.O. 13211)

    This rulemaking 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 (section 1(b)(12)), and 
12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use common, everyday words and clear language rather than 
jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that you find unclear, which sections or sentences are 
too long, the sections where you think lists or tables would be useful, 
etc.

M. E.O. 13771: Reducing Regulation and Controlling Regulatory Costs

    This rule is not an E.O. 13771 regulatory action because this rule 
is not significant under E.O. 12866.

List of Subjects in 25 CFR Part 170

    Highways and roads, Indians--lands.

0
For the reasons stated in the preamble, the interim final rule amending 
25 CFR part 170 which was published at 82 FR 50312 on October 31, 2017, 
is adopted as final without change.

    Dated: January 26, 2018.
John Tahsuda,
Principal Deputy Assistant Secretary--Indian Affairs, exercising the 
authority of the Assistant Secretary--Indian Affairs.
[FR Doc. 2018-04103 Filed 2-27-18; 8:45 am]
BILLING CODE 4337-15-P

Federal Register / Vol. 83, No. 40 / Wednesday, February 28, 2018 / Rules and Regulations 8609

[FR Doc. 2018–04082 Filed 2–27–18; 8:45 am] On October 31, 2017, BIA published (b) Will not cause a major increase in
BILLING CODE 4910–13–P an interim final rule delaying the costs or prices for consumers,
November 7, 2017, deadline for individual industries, Federal, State, or
compliance with § 170.443 to November local government agencies, or
DEPARTMENT OF THE INTERIOR 7, 2019. See 82 FR 50312. The delay geographic regions because it does not
provides BIA with time to reexamine affect costs or prices.
Bureau of Indian Affairs the need for this data collected in the (c) Does not have significant adverse
NTTFI and consult with Tribes on effects on competition, employment,
25 CFR Part 170 whether revision or deletion of the data investment, productivity, innovation, or
[189D0102DRDS5A300000DR.5A311. collection requirements in § 170.443 is the ability of U.S.-based enterprises to
IA000118] appropriate. BIA received 38 comments compete with foreign-based enterprises
in the Federal e-rulemaking docket for because the rule addresses Tribal
RIN 1076–AF38 this rule, none of which were relevant. surface transportation within the United
The final rule being published today States.
Tribal Transportation Program; Delay
therefore confirms the interim final rule
of Compliance Date D. Unfunded Mandates Reform Act
and the delay of the compliance date to
AGENCY: Bureau of Indian Affairs, November 7, 2019. This rule does not impose an
Interior. unfunded mandate on State, local, or
II. Procedural Requirements Tribal governments or the private sector
ACTION: Final rule; confirmation.
A. Regulatory Planning and Review of more than $100 million per year. The
SUMMARY: The Bureau of Indian Affairs (E.O. 12866 and 13563) rule does not have a significant or
(BIA) is confirming the interim final unique effect on State, local, or Tribal
rule published on October 31, 2017, that Executive Order (E.O.) 12866 provides governments or the private sector. A
delayed the deadline for Tribes to that the Office of Information and statement containing the information
comply with Tribal Transportation Regulatory Affairs (OIRA) at the Office required by the Unfunded Mandates
Program requirements to collect data on of Management and Budget (OMB) will Reform Act (2 U.S.C. 1531 et seq.) is not
proposed roads for the National Tribal review all significant rules. OIRA has required.
Transportation Facility Inventory determined that this rule is not
(NTTFI). significant. E. Takings (E.O. 12630)
E.O. 13563 reaffirms the principles of This rule does not affect a taking of
DATES: This rule is effective February E.O. 12866 while calling for
28, 2018. private property or otherwise have
improvements in the nation’s regulatory taking implications under E.O. 12360. A
FOR FURTHER INFORMATION CONTACT: Mr. system to promote predictability, to takings implication assessment is not
LeRoy Gishi, Division of Transportation, reduce uncertainty, and to use the best, required.
Office of Indian Services, Bureau of most innovative, and least burdensome
Indian Affairs, (202) 513–7711, tools for achieving regulatory ends. The F. Federalism (E.O. 13132)
leroy.gishi@bia.gov. E.O. directs agencies to consider Under the criteria in section 1 of E.O.
SUPPLEMENTARY INFORMATION: regulatory approaches that reduce 13132, this rule does not have sufficient
I. Summary of Rule burdens and maintain flexibility and Federalism implications to warrant the
II. Procedural Requirements freedom of choice for the public where preparation of a summary impact
A. Regulatory Planning and Review (E.O. these approaches are relevant, feasible, statement, because the rule primarily
12866) and consistent with regulatory addresses the relationship between the
B. Regulatory Flexibility Act objectives. E.O. 13563 emphasizes
C. Small Business Regulatory Enforcement
Federal Government and Tribes. A
Fairness Act
further that regulations must be based Federalism summary impact statement
D. Unfunded Mandates Reform Act on the best available science and that is not required.
E. Takings (E.O. 12630) the rulemaking process must allow for
public participation and an open G. Civil Justice Reform (E.O. 12988)
F. Federalism (E.O. 13132)
G. Civil Justice Reform (E.O. 12988) exchange of ideas. We have developed This rule complies with the
H. Consultation With Indian Tribes (E.O. this rule in a manner consistent with requirements of E.O. 12988.
13175 and Departmental Policy) these requirements. Specifically, this rule:
I. Paperwork Reduction Act (a) Meets the criteria of section 3(a)
J. National Environmental Policy Act B. Regulatory Flexibility Act
requiring that all regulations be
K. Effects on the Energy Supply (E.O.
13211)
This rule will not have a significant reviewed to eliminate errors and
L. Clarity of This Regulation economic effect on a substantial number ambiguity and written to minimize
M. E.O. 13771: Reducing Regulation and of small entities under the Regulatory litigation; and
Controlling Regulatory Costs Flexibility Act (5 U.S.C. 601 et seq.) (b) Meets the criteria of section 3(b)(2)
because Tribes are not small entities requiring that all regulations be written
I. Summary of Rule under the Regulatory Flexibility Act. in clear language and contain clear legal
Regulations governing the Tribal standards.
Transportation Program published in C. Small Business Regulatory
2016. See 81 FR 78456 (November 7, Enforcement Fairness Act H. Consultation With Indian Tribes
2016). The regulations became effective This rule is not a major rule under 5 (E.O. 13175 and Departmental Policy)
sradovich on DSK3GMQ082PROD with RULES

on December 7, 2016, except for U.S.C. 804(2), the Small Business The Department of the Interior strives
§ 170.443, which required Tribes’ Regulatory Enforcement Fairness Act. to strengthen its government-to-
compliance one year later: On This rule: government regulations with Indian
November 7, 2017. Section 170.443 (a) Does not have an annual effect on Tribes through a commitment to
required Tribes to collect data for the economy of $100 million or more consultation with Indian Tribes and
proposed roads to be added to, or because this rule affects only surface recognition of their right to self-
remain in, the NTTFI. transportation for Tribes. governance and Tribal sovereignty. We

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8610 Federal Register / Vol. 83, No. 40 / Wednesday, February 28, 2018 / Rules and Regulations

have evaluated this rule under the of the methods listed in the ADDRESSES approved revisions to Indiana’s SIP. The
Department’s consultation policy and section. To better help us revise the first of these took place on October 29,
have identified substantial direct effects rule, your comments should be as 2012 (77 FR 65478). At that time, EPA
on federally recognized Indian Tribes specific as possible. For example, you approved revisions to Indiana’s
that will result from this rule. This rule should tell us the numbers of the infrastructure SIP at 326 IAC 2–2–1 and
will relieve a regulatory burden from sections or paragraphs that you find 326 IAC 2–2–4, and amended the list of
Tribes and allow time for consultation unclear, which sections or sentences are EPA-approved Indiana regulations at 40
on an appropriate replacement or too long, the sections where you think CFR 52.770(c). In the final rule
deletion of regulatory requirements. lists or tables would be useful, etc. published in the Federal Register on
I. Paperwork Reduction Act M. E.O. 13771: Reducing Regulation and October 29, 2012 (77 FR 65478), on page
Controlling Regulatory Costs 65487, EPA mistakenly replaced a
This rule contains information September 28, 2011 approval (76 FR
collection requirements, and the Office This rule is not an E.O. 13771 59899) of those Indiana SIP rules in
of Management and Budget (OMB) has regulatory action because this rule is not their entirety, instead of adding new
approved the information collections significant under E.O. 12866. entries to the table in 40 CFR 52.770(c)
under the Paperwork Reduction Act to identify the approval of the updated
List of Subjects in 25 CFR Part 170
(PRA) under OMB Control Number portions of the rules. Furthermore, this
1076–0161, which expires December 31, Highways and roads, Indians—lands.
updated portion of 326 IAC 2–2–4 was
2019. Please note that an agency may ■ For the reasons stated in the preamble,
incorrectly cited at 40 CFR 52.770(c) as
not sponsor or request, and an the interim final rule amending 25 CFR 326 IAC 2–2–4(b)(2)(vi), rather than 326
individual need not respond to, a part 170 which was published at 82 FR IAC 2–2–4(b)(2)(A)(vi).
collection of information unless it 50312 on October 31, 2017, is adopted
displays a valid OMB Control Number. as final without change. The second action took place on July
2, 2014 (79 FR 37646). At that time, EPA
J. National Environmental Policy Act Dated: January 26, 2018.
approved revisions to Indiana’s NSR
John Tahsuda, and PSD regulations at 326 IAC 2–2–1
This rule does not constitute a major
Principal Deputy Assistant Secretary—Indian and 326 IAC 2–2–4 and amended the
Federal action significantly affecting the Affairs, exercising the authority of the
quality of the human environment. A list of EPA approved Indiana regulations
Assistant Secretary—Indian Affairs.
detailed statement under the National at 40 CFR 52.770(c). In the final rule
[FR Doc. 2018–04103 Filed 2–27–18; 8:45 am]
Environmental Policy Act of 1969 published in the Federal Register on
BILLING CODE 4337–15–P
(‘‘NEPA’’, 42 U.S.C. 4321 et seq.) is not July 2, 2014 (79 FR 37646), on page
required because the rule is covered by 37649, EPA mistakenly perpetuated the
a categorical exclusion. This rule is error that originated in the October 29,
excluded from the requirement to ENVIRONMENTAL PROTECTION 2012 approval (77 FR 65478): It omitted
prepare a detailed statement because it AGENCY the previous September 28, 2011
is a regulation of an administrative approval (76 FR 59899) of those Indiana
40 CFR Part 52
nature. (For further information, see 43 SIP rules in their entirety. EPA also did
CFR 46.210(i)) We have also determined [EPA–R05–OAR–2009–0805; EPA–R05– not change the incorrect citation of 326
that the rule does not involve any of the OAR–2012–0567; FRL–9974–88—Region 5] IAC 2–2–4(b)(2)(A)(vi), as was stated in
extraordinary circumstances listed in 43 the Preamble. Furthermore, also on July
CFR 46.215 that would require further Air Plan Approval; Indiana; Indiana 2, 2014 (79 FR 37646), EPA approved
analysis under NEPA. NSR/PSD; Indiana PM2.5 NSR; revisions to the Indiana SIP regarding
Correction Indiana’s opacity rule at 326 IAC 5–1–
K. Effects on the Energy Supply (E.O.
AGENCY: Environmental Protection 5(b). On page 37649, EPA made a
13211)
Agency (EPA). codification error at 40 CFR 52.770(c) in
This rulemaking is not a significant ACTION: Final rule; correcting which the list of remaining approved
energy action under the definition in amendment. portions of 326 IAC 5–1–5(b) from a
E.O. 13211. A Statement of Energy previous November 8, 1998 rulemaking
Effects is not required. SUMMARY: This action corrects (67 FR 46589) were not updated.
codification errors for New Source
L. Clarity of This Regulation This action amends the regulatory text
Review (NSR) and Prevention of
We are required by Executive Orders to correct these errors. Section 553 of
Significant Deterioration (PSD) rules in
12866 (section 1(b)(12)), and 12988 the Administrative Procedure Act, 5
the Indiana State Implementation Plan
(section 3(b)(1)(B)), and 13563 (section U.S.C. 553(b)(B), provides that, when an
(SIP).
1(a)), and by the Presidential agency for good cause finds that notice
DATES: This final rule is effective on and public procedure are impracticable,
Memorandum of June 1, 1998, to write
February 28, 2018. unnecessary or contrary to the public
all rules in plain language. This means
that each rule we publish must: FOR FURTHER INFORMATION CONTACT: interest, the agency may issue a rule
(a) Be logically organized; Paymon Danesh, Environmental without providing notice and an
(b) Use the active voice to address Engineer, Air Permits Section, Air opportunity for public comment. We
readers directly; Programs Branch (AR–18J), have determined that there is good
(c) Use common, everyday words and Environmental Protection Agency, cause for making today’s rule final
sradovich on DSK3GMQ082PROD with RULES

clear language rather than jargon; Region 5, 77 West Jackson Boulevard, without prior proposal and opportunity
(d) Be divided into short sections and Chicago, Illinois 60604, (312) 886–6219, for comment because we are merely
sentences; and danesh.paymon@epa.gov. correcting incorrect citations in
(e) Use lists and tables wherever SUPPLEMENTARY INFORMATION: On two previous actions. Thus, notice and
possible. separate occasions, the Environmental public procedure are unnecessary. We
If you feel that we have not met these Protection Agency (EPA) made find that this constitutes good cause
requirements, send us comments by one inadvertent codification errors when it under 5 U.S.C. 553(b)(B).

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Document Created: 2018-02-28 03:20:20
Document Modified: 2018-02-28 03:20:20

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; confirmation.
Dates		This rule is effective February 28, 2018.
Contact		Mr. LeRoy Gishi, Division of Transportation, Office of Indian Services, Bureau of Indian Affairs, (202) 513-7711, [email protected]
FR Citation		83 FR 8609
RIN Number		1076-AF38
CFR Associated		Highways and Roads and Indians-Lands

83 FR 8609 - Tribal Transportation Program; Delay of Compliance Date

DEPARTMENT OF THE INTERIORBureau of Indian Affairs

Federal Register Volume 83, Issue 40 (February 28, 2018)

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs