[Federal Register Volume 79, Number 92 (Tuesday, May 13, 2014)]
[Rules and Regulations]
[Pages 27189-27190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10934]



Bureau of Indian Affairs

25 CFR Part 23

RIN 1076-AF21

Change of Address; Indian Child Welfare Act

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Final rule; technical amendment.


SUMMARY: The Bureau of Indian Affairs (BIA) is amending its regulations 
to reflect a change of address for filing copies of Indian Child 
Welfare Act (ICWA) notices to the Eastern Regional Director and to 
update the titles of ``Area Directors'' to ``Regional Directors.'' This 
technical amendment is a nomenclature change that updates and corrects 
BIA officials' titles and the address for filing ICWA notices to the 
Eastern Regional Director.

DATES: Effective May 13, 2014.

FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of 
Regulatory Affairs & Collaborative Action, (202) 273-4680; 
[email protected].

SUPPLEMENTARY INFORMATION: This rule updates the address for the 
Eastern Regional Office, which was printed in error. BIA employees have 
ensured that notices sent to the printed address have been forwarded to 
the BIA authorities, but this rule will make the forwarding 
unnecessary. This rule also updates all references to ``Area Director'' 
in 25 CFR part 23 to be ``Regional Director'' in accordance with the 
nomenclature currently in use.

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. This rule is also part of the 
Department's commitment under the Executive Order to reduce the number 
and burden of regulations and provide greater notice and clarity to the 

B. Regulatory Flexibility Act

    The Department of the Interior certifies that 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.).

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. It will not result in the 
expenditure by State, local, or tribal governments, in the aggregate, 
or by the private sector of $100 million or more in any one year. The 
rule's requirements will not result in a major increase in costs or 
prices for consumers, individual industries, Federal, State, or local 
government agencies, or geographic regions. Nor will this rule have 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or the ability of the U.S.-based enterprises 
to compete with foreign-based enterprises.

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

[[Page 27190]]

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)

    Under the criteria in Executive Order 12630, this rule does not 
affect individual property rights protected by the Fifth Amendment nor 
does it involve a compensable ``taking.'' A takings implication 
assessment is therefore not required.

F. Federalism (E.O. 13132)

    Under the criteria in Executive Order 13132, this rule has no 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government. This rule 
ensures notification to State and local governments of a BIA official's 
decision to take land into trust and the right to administratively 
appeal such decision. This rule also ensures notification to State and 
local governments of an AS-IA official's decision through publication 
in the Federal Register.

G. Civil Justice Reform (E.O. 12988)

    This rule complies with the requirements of Executive Order 12988. 
Specifically, this rule has been reviewed to eliminate errors and 
ambiguity and written to minimize litigation; and is written in clear 
language and contains clear legal standards.

H. Consultation With Indian Tribes (E.O. 13175)

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments,'' Executive Order 13175 (59 FR 22951, November 6, 2000), 
and 512 DM 2, we have determined there are no potential effects on 
federally recognized Indian tribes and Indian trust assets.

I. Paperwork Reduction Act

    This rule does not contain any information collections requiring 
approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et 

J. National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment because it is of an 
administrative, technical, and procedural nature.

K. Effects on the Energy Supply (E.O. 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211. A Statement of Energy Effects is not 

L. Determination To Issue Final Rule Without the Opportunity for Public 
Comment and With Immediate Effective Date

    BIA is taking this action under its authority, at 5 U.S.C. 552, to 
publish regulations in the Federal Register. Under the Administrative 
Procedure Act, statutory procedures for agency rulemaking do not apply 
``when the agency for good cause finds . . . that notice and public 
procedure thereon are impracticable, unnecessary, or contrary to the 
public interest.'' 5 U.S.C. 553(b)(3)(B). BIA finds that the notice and 
comment procedure are impracticable, unnecessary, or contrary to the 
public interest, because: (1) These amendments are non-substantive; and 
(2) the public benefits for timely notification of a change in the 
official agency address, and further delay is unnecessary and contrary 
to the public interest. Similarly because this final rule makes no 
substantive changes and merely reflects a change of address and updates 
to titles in the existing regulations, this final rule is not subject 
to the effective date limitation of 5 U.S.C. 553(d).

List of Subjects in 25 CFR Part 23

    Administrative practice and procedures, Child welfare, Grant 
programs--Indians, Grant programs--social programs, Indians, Reporting 
and recordkeeping requirements.

    For the reasons stated in the preamble, the Department of the 
Interior, Bureau of Indian Affairs, amends part 23 in Title 25 of the 
Code of Federal Regulations as follows:


1. The authority citation for part 23 continues to read as follows:

    Authority:  5 U.S.C. 301; 25 U.S.C. 2, 9, 1901-1952.

2. Throughout part 23, remove the word ``Area Director'' and ``Area 
Directors'' and add in their place the words ``Regional Director'' and 
``Regional Directors'' respectively, wherever they appear.

3. In Sec.  23.11, revise paragraph (c)(1) to read as follows:

Sec.  23.11  Notice.

* * * * *
    (c)(1) For proceedings in Alabama, Connecticut, Delaware, District 
of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, 
Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North 
Carolina, Pennsylvania, Rhode Island, South Carolina, Tennessee, 
Vermont, Virginia, West Virginia, or any territory or possession of the 
United States, notices shall be sent to the following address: Eastern 
Regional Director, Bureau of Indian Affairs, 545 Marriott Drive, Suite 
700, Nashville, Tennessee 37214.
* * * * *

    Dated: May 1, 2014.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
[FR Doc. 2014-10934 Filed 5-12-14; 8:45 am]