[Federal Register Volume 67, Number 57 (Monday, March 25, 2002)]
[Rules and Regulations]
[Pages 13568-13570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7000]


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DEPARTMENT OF THE INTERIOR

Office of Indian Education Programs

25 CFR Part 46

RIN 1076-AE29


Technical Amendments to Adult Education Program

AGENCY: Office of Indian Education Programs, Interior.

ACTION: Final rule; corrected.

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SUMMARY: This rule changes our estimate of the time it takes to fill 
out the application form for adult education benefits. The new 
estimated completion time of four hours more accurately reflects the 
time that applicants must spend to provide the information that we 
request. This more accurate estimate satisfies the requirements of the

[[Page 13569]]

Paperwork Reduction Act and Office of Management and Budget 
regulations. The application requirements themselves remain unchanged.

EFFECTIVE DATE: Effective on March 25, 2002.

FOR FURTHER INFORMATION CONTACT: William A. Mehojah, Jr., Director, 
Office of Indian Education Programs, 202-208-6123.

SUPPLEMENTARY INFORMATION: The final rule was published in the Federal 
Register on August 19, 1997 (62 FR 44081). At that time, 46.3 listing a 
burden time of 3 hours per response was published. Since then, the hour 
burden has been changed to 4 hours per response and approved by the 
Office of Management and Budget. We are amending the rule to agree with 
the approved hour burden. Additionally, we are correcting the address 
for submission of comments and deleting reference to sending comments 
to the Office of Management and Budget. The change will not adversely 
affect respondents.

Determination To Issue A Final Rule

    The Department has determined that the public notice and comment 
provisions of the Administrative Procedure Act, 5 U.S.C. 553(b) do not 
apply because of the good cause exception under 5 U.S.C. 553(b)(3)(B), 
which allows the agency to suspend the notice and public procedure when 
the agency finds for good cause that those requirements are 
impractical, unnecessary and contrary to the public interest. This 
amendment brings agreement between the rule and the Information 
Collection Request (1076-0120) which provides an additional hour for 
the annual report preparation. We have published this increased burden 
estimate in the Federal Register several times and have received no 
adverse comments. The rule also directed comments to be sent to the 
Office of Management and Budget but that is no longer considered 
necessary by the Office of Management and Budget. For these reasons, 
public comment on this technical change is unnecessary.

Determination To Make Rule Effective Immediately

    The Department has determined that the amended rule should be 
effective immediately in accordance with 5 U.S.C. 533(d) for the 
following reasons: (1) The changes to amend the rule have no adverse 
affect on the public, and (2) the public has had opportunity to comment 
on the response burden previously during renewal of the Information 
Collection Request.

Regulatory Planning and Review (Executive Order 12866)

    This document is not a significant rule and is not subject to 
review by the Office of Management and Budget under Executive Order 
12866.
    (1) This rule will not have an effect of $100 million or more on 
the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency.
    (3) This rule does not alter the budgetary effects or entitlements 
programs or the rights or obligations of their recipients. The program 
for adult education is not changed except to put the rule in agreement 
with the approved information collection.
    (4) This rule does not raise novel legal or policy issues. The main 
impact is to put the rule in agreement with the approved information 
collection.

Regulatory Flexibility Act

    The Department of the Interior certifies that this document will 
not have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
Funding will not be affected by this minor change to the rule.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    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.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    (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.

Unfunded Mandates Reform Act

    This rule imposes no unfunded mandates 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. This rule will not require 
additional costs to state, local, or tribal governments. This rule is 
in compliance with the provisions of the Unfunded Mandates Act of 1995 
(1 U.S.C. 1531, et seq.).

Takings (Executive Order 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. This rule affects adult education by 
making the rule agree with the approved information collection. A 
takings implication assessment is not required.

Federalism (Executive Order 12612)

    This rule does not have significant Federalism effects. A 
Federalism assessment is not required. This rule affects only the small 
adult education programs of the tribes.

Civil Justice Reform (Executive Order 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections 3 (a) and 3 
(b)(2) of Executive Order 12988.

Paperwork Reduction Act

    This regulation requires a collection of information from 10 or 
more parties, and submission under the Paperwork Reduction Act is 
required. OMB form 83-I for this collection has been reviewed by the 
Department and approved by the Office of Management and Budget as 1076-
0120.

National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. It has no effect on the 
environment. A detailed statement under the National Environmental 
Policy Act of 1969 is not needed.

Consultation and Coordination With Indian Tribal Governments 
(Executive Order 13175)

    The rewriting of this rule is designed to ensure that the rule 
agrees with the approved information collection. The rewriting of this 
rule directs comments to the bureau in accordance with the Office of 
Management and Budget direction. The addition of 1 hour to the burden 
has been published in the Federal Register several times, allowing the 
tribes affected and other members of the public to comment.

Clarity of This Regulation

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. We invite your

[[Page 13570]]

comments on how to make this proposed rule easier to understand, 
including answers to questions such as the following: (1) Are the 
requirements in the proposed rule clearly stated? (2) Does the proposed 
rule contain technical language or jargon that interferes with its 
clarity? (3) Does the format of the proposed rule (grouping and order 
of sections, use of headings, paragraphing, etc.) aid or reduce its 
clarity? (4) Would the rule be easier to understand if it were divided 
into more (but shorter) sections? (A ``section'' appears in bold type 
and is preceded by the symbol ``Sec. '' and a numbered heading; for 
example, Sec. 46.3 Information Collection) (5) Is the description of 
the rule in the SUPPLEMENTARY INFORMATION section of the preamble 
helpful in understanding the proposed rule? What else could we do to 
make the rule easier to understand? Send a copy of any comments that 
concern how we could make this rule easier to understand to: Office of 
Regulatory Affairs, Department of the Interior, Room 7229, 1849 C 
Street NW., Washington, DC 20240. You may also e-mail the comments to 
this address: [email protected]

List of Subjects in 25 CFR Part 46

    Indians--education, adult education.

    Dated: March 7, 2002.
Neal A. McCaleb,
Assistant Secretary--Indian Affairs.

    For the reasons set out in the preamble, Part 46 of Title 25 of the 
Code of Federal Regulations is amended as follows:

PART 46--ADULT EDUCATION PROGRAM

    1. The authority citation for part 46 continues to read as follows:

    Authority: 43 U.S.C. 1457; 25 U.S.C. 2, 9, 13.

    2. Section 46.3 is revised to read as follows:


Sec. 46.3  Information collection.

    Information collection requirements contained in this part have 
been approved by the Office of Management and Budget under 44 U.S.C. 
3501 et seq. and assigned control number 1076-0120. This information is 
being collected to assess the need for adult education programs. The 
information collection is used to manage program resources and for 
fiscal accountability and appropriate direct services documentation. 
Response to this request is necessary to obtain or retain a benefit. 
Public reporting burden for this form is estimated to average 4 hours 
per response including time for reviewing instructions, gathering, 
maintaining data, completing and reviewing the form. Direct comments 
regarding the burden estimate or any other aspect of this form to the 
BIA Information Collection Clearance Officer, 1849 C Street NW., 
Washington, DC 20240.

[FR Doc. 02-7000 Filed 3-22-02; 8:45 am]
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