Tribal Transportation Program; Delay of Compliance Date

John Tahsuda
Department of the Interior
28 February 2018

[Federal Register Volume 83, Number 40 (Wednesday, February 28, 2018)]
[Rules and Regulations]
[Pages 8609-8610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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, leroy.gishi@bia.gov.

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]
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