[Federal Register Volume 70, Number 110 (Thursday, June 9, 2005)]
[Rules and Regulations]
[Pages 33701-33702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11445]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 39

RIN 1076-AE54


Conforming Amendments To Implement the No Child Left Behind Act 
of 2001

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Final rule.

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SUMMARY: This final rule renumbers certain sections of 25 CFR part 39 
in order to conform to the amendments published on April 28 and to 
rationalize the number system in part 39. It also eliminates two 
obsolete cross references.

DATES: Effective June 9, 2005.

FOR FURTHER INFORMATION CONTACT: Catherine Freels, Designated Federal 
Official, PO Box 1430, Albuquerque, NM 87103-1430; Phone 505-248-7240; 
e-mail: [email protected].

SUPPLEMENTARY INFORMATION: On April 28, 2005, the Department published 
in the Federal Register (70 FR 22178) the final rule implementing the 
No Child Left Behind Act of 2001 (the Act). The April 28 rule revised 
subparts A through H of part 39, while leaving subparts I through L 
unaffected. Although subparts I through L were unchanged by publication 
of the April 28 rule, the section numbers used in those subparts were 
used for some of the sections in the revised subparts A through H. 
Through an unintentional oversight, the Department did not renumber the 
sections of subparts I through L to eliminate duplication. This 
rectifies this oversight by renumbering all sections in subparts I 
through L in order to remove potential conflicts from Title 25. It also 
removes two obsolete cross references.

Compliance Information

    1. Regulatory Planning and Review (E.O. 12866). This document is 
not a significant rule and the Office of Management and Budget has not 
reviewed this rule 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 of entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients.
    (4) This rule does not raise novel legal or policy issues. It makes 
only changes necessary to ensure that these sections of 25 CFR conform 
to the changes made by the new rule being published in final today.
    2. Regulatory Flexibility Act. The Department of the Interior 
certifies that this document will not have a significant economic 
effect on a substantial number of small entities under the Regualtory 
Flexibility Act (5 U.S.C. 601 et seq.).
    3. 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.
    4. 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. The rule makes only changes necessary to ensure 
that these sections of 25 CFR conform to the changes made by the new 
rule being published in final today.
    5. Takings (E.O. 12630). In accordance with Executive Order 12630, 
the rule does not have significant takings

[[Page 33702]]

implications. No rights, property or compensation has been, or will be 
taken. A takings implication assessment is not required.
    6. Federalism (E.O. 13132). In accordane with Executive Order 
13132, this rule does not have federalism implications that warrant the 
preparation of a federalism assessment.
    7. Civil Justice Reform (E.O. 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 the Order.
    8. Consultation with Indian tribes (E.O. 13175). In accordance with 
Executive Order 13175, we have evaluated this rule and determined that 
it has no potential negative effects on federally recognized Indian 
tribes. In drafting the No Child Left Behind rule published today, we 
consulted extensively with tribes; tribal members of the negotiated 
rulemaking committee participated in the writing of the rule. These 
conforming amendments make only changes necessary to ensure that the 
remainder of 25 CFR is consistent with the provisions of the No Child 
Left Behind rule.
    9. Paperwork Reduction Act. This regulation does not require an 
information collection from 10 or more parties and a submission under 
the Paperwork Reduction Act is not required. An OMB form 83-I is not 
required.
    10. National Environmental Policy Act. This rule does not 
constitute a major Federal action significantly affecting the quality 
of the human environment.
    11. Justification for Issuing a Direct 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 to this 
rule because of the good cause exception under 5 U.S.C. 553(b)(3)(B). 
This exception allows the agency to suspend the notice and public 
procedure requirements when the agency finds for good cause that those 
requirements are impracticable, unnecessary, or contrary to the public 
interest. This rule renumbers (redesignates) certain sections of 25 CFR 
part 39 in order to conform to the amendments published on April 28, it 
makes no substantive changes. Failure to immediately make these 
redesignations would lead to confusion and cause errors in vital 
educational programs. For these reasons, public comments are 
unnecessary and would be impracticable.
    Similarly, failure to immediately make the redesignations in this 
rule would result in a serious disruption of the Bureau of Indian 
Affairs' ability to provide necessary educational services, with 
accompanying confusion to employees and the public. This disruption and 
confusion would be contrary to public and tribal interests. For these 
reasons, the Department has determined it appropriate to waive the 
requirement of publication 30 days in advance of the effective date. As 
allowed by 5 U.S.C. 553(d)(3), this rule is effective immediately 
because it is in the public interest not to delay implementation of 
this amendment.

List of Subjects in 25 CFR Part 39

    Indians--education, Schools, Elementary and secondary education 
programs, Government programs--education.

    Dated: May 23, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary--Indian Affairs.

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For the reasons given in the preamble, part 39 of title 25 of the Code 
of Federal Regulations is amended as set forth below.

PART 39--THE INDIAN SCHOOL EQUALIZATION PROGRAM

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1. The authority for part 39 continues to read as follows:

    Authority: 25 U.S.C. 13; 25 U.S.C. 2008; Pub. L. 107-110.

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2. In Subparts I through L, Sec. Sec.  39.110 through 39.143 are 
redesignated as shown in the following table:

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                                                           Redesignated
                 Current section number                   section number
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39.110..................................................       39.900
39.111..................................................       39.901
39.112..................................................       39.902
39.113..................................................       39.903
39.114..................................................       39.904
39.120..................................................       39.1000
39.121..................................................       39.1001
39.122..................................................       39.1002
39.123..................................................       39.1003
39.130..................................................       39.1100
39.131..................................................       39.1101
39.140..................................................       39.1200
39.141..................................................       39.1201
39.142..................................................       39.1202
39.143..................................................       39.1203
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Sec.  39.1100  [Amended]

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3. In newly redesignated Sec.  39.1100, in the last sentence, the words 
``detailed in Sec.  39.19'' are removed.

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4. In newly redesignated Sec.  39.1202(c), the words ``as set forth in 
Sec.  39.19'' are removed.
[FR Doc. 05-11445 Filed 6-8-05; 8:45 am]
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