[Federal Register Volume 77, Number 191 (Tuesday, October 2, 2012)]
[Rules and Regulations]
[Page 60041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24258]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 36

[Docket ID BIA-2012-0001]
RIN 1076-AF10


Heating, Cooling, and Lighting Standards for Bureau-Funded 
Dormitory Facilities

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Final rule.

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SUMMARY: The Bureau of Indian Affairs (BIA) is confirming the interim 
final rule published and effective on May 24, 2012, addressing heating, 
cooling, and lighting standards for Bureau-funded dormitory facilities. 
This rule was developed through negotiated rulemaking, as required by 
the No Child Left Behind Act of 2001. The May 24, 2012, publication 
stated that the BIA would review comments on the interim final rule and 
either confirm the rule or initiate a proposed rulemaking. BIA did not 
receive any adverse comments, and therefore confirms the rule without 
change.

DATES: Effective October 2, 2012.

FOR FURTHER INFORMATION CONTACT: Regina Gilbert, Office of Regulatory 
Affairs and Collaborative Action, Office of the Assistant Secretary--
Indian Affairs, 1001 Indian School Road, NW., Suite 312, Albuquerque, 
NM 87104; telephone (505) 563-3805; fax (505) 563-3811.

SUPPLEMENTARY INFORMATION: The No Child Left Behind School Facilities 
and Construction Negotiated Rulemaking Committee developed the interim 
final rule to complete the work responding to the mandates of the No 
Child Left Behind Act at 25 U.S.C. 2002. See the May 24, 2012, interim 
final rule (77 FR 30888) for additional background on the Committee. 
The Committee determined, by consensus, that the codes and standards 
identified in the ``School Facilities Design Handbook'' (handbook) 
dated March 30, 2007, respecting heating, ventilation, air 
conditioning, and lighting are appropriate for home-living (dormitory) 
situations at Bureau-funded Indian education facilities. On May 24, 
2012, BIA published the interim final rule (77 FR 30888), under Docket 
No. BIA-2012-0001, to make the codes and standards identified in the 
handbook respecting heating, ventilation, air conditioning, and 
lighting mandatory for home-living (dormitory) situations at Bureau-
funded Indian education facilities; require the Bureau to give the 
public notice and an opportunity to comment on any proposal to change 
which standard building codes are incorporated in the handbook; and 
make a technical change to remove reference to subpart H, which is no 
longer in existence, and replace it with a reference to subpart G.
    We stated in the interim final rule that we would address comments 
received and, by a future publication in the Federal Register, confirm 
the interim final rule, with or without change, or initiate a proposed 
rulemaking. We did not receive any comments on the interim final rule; 
therefore, we are confirming the interim final rule without change.

List of Subjects in 25 CFR Part 36

    Educational facilities, Incorporation by reference, Indians--
education, school construction.

    Accordingly, the interim rule published May 24, 2012, at 77 FR 
30888, is adopted as final without change.

    Dated: September 20, 2012.
Donald E. Laverdure,
Acting Assistant Secretary--Indian Affairs.
[FR Doc. 2012-24258 Filed 10-1-12; 8:45 am]
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