[Federal Register Volume 62, Number 48 (Wednesday, March 12, 1997)] [Rules and Regulations] [Page 11324] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-6218] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs 25 CFR Part 45 RIN 1076-AD16 Special Education AGENCY: Bureau of Indian Affairs, Interior. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Bureau of Indian Affairs (BIA) is eliminating 25 CFR Part 45--Special Education as mandated by Executive Order 12866 to streamline the regulatory process and enhance the planning and coordination of new and existing regulations. EFFECTIVE DATE: April 11, 1997. FOR FURTHER INFORMATION CONTACT: Kenneth Whitehorn at (202) 208-3559, or Jim Martin at (202) 208-3550 Bureau of Indian Affairs, Office of Indian Education Programs, MS-3512-MIB, OIE-23, 1849 C Street NW, Washington, DC 20240. SUPPLEMENTARY INFORMATION: On July 2, 1996, at 61 FR 34399, the Bureau of Indian Affairs published a proposed rule to eliminate 25 CFR Part 45--Special Education. This rule is no longer necessary, as it is repetitive of 34 CFR Chapter III, Parts 300--399, and the Bureau of Indian Affairs has an agreement with the Department of Education to use those regulations. Tribes have been notified through the BIA consultation meetings and by the publication of the proposed rule. There have been no objections to this elimination. The authority to issue rules is vested in the Secretary of the Interior by 5 U.S.C. 301 and sections 463 and 465 of the Revised Statutes, 25 U.S.C. 2 and 9. Executive Order 12988 The Department has certified to the Office of Management and Budget (OMB) that these proposed regulations meet the applicable standards provided in sections 3(a) and 3(b)(2) of Executive Order 12988. Executive Order 12866 This rule is not a significant regulatory action under Executive order 12866 and has not been reviewed by the Office of Management and Budget. Regulatory Flexibility Act This rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act. Executive Order 12630 The Department has determined that this rule does not have significant ``takings'' implications. The rule does not pertain to ``taking'' of private property interests, nor does it affect private property. Executive Order 12612 The Department has determined that this rule does not have significant Federalism effects because it pertains solely to Federal- tribal relations and will not interfere with the roles, rights and responsibilities of states. NEPA Statement The Department has determined that this rule does not constitute a major Federal action significantly affecting the quality of the human environment and that no detailed statement is required under the National Environmental Policy Act of 1969. Unfunded Mandates Act of 1995 This rule imposes no unfunded mandates on any governmental or private entity and is in compliance with the provisions of the Unfunded Mandates Act of 1995. Paperwork Reduction Act of 1995 This rule has been examined under the Paperwork Reduction Act of 1995 and has been found to contain no information collection requirements. List of Subjects in 25 CFR Part 45 Education of individuals with disabilities, Special education. PART 45--[REMOVED] Under the authority of Executive Order 12866 and for the reasons stated above, part 45 is removed from Chapter 1 of Title 25 of the United States Code of Federal Regualtions. Dated: March 4, 1997. Ada E. Deer, Assistant Secretary--Indian Affairs. [FR Doc. 97-6218 Filed 3-11-97; 8:45 am] BILLING CODE 4310-02-P