Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations

Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations

Action—Indian Affairs, (202) 273–4680;

elizabeth.appel@bia.gov.

SUPPLEMENTARY INFORMATION:

Prior to the establishment of the

regulatory process for establishing that

an American Indian group exists as an

Indian tribe in 1978 (‘‘the Part 83

process’’), the Department used an

informal process for the Federal

acknowledgment of Indian tribes. The

Part 83 regulations formalized the

process by which the Department

reviewed requests and the criteria

required of groups to obtain Federal

acknowledgment. The Department has

resolved over 50 petitions using the Part

83 process.

However, even after the promulgation

of the Part 83 regulations in 1978, there

have been a range of requests by

unrecognized groups to use other

administrative processes to obtain

Federal acknowledgment. The

Department has utilized those processes

in limited circumstances. For example,

the Department has ‘‘reaffirmed’’ some

tribes and reorganized some half-blood

communities as tribes under the Indian

Reorganization Act (IRA).

Over the past couple of years, the

Department has undertaken a

comprehensive review and evaluation of

the process and criteria by which it

federally acknowledges Indian tribes

under 25 CFR part 83. As part of that

review of the proposed revisions to Part

83, we also received comments related

to the other administrative processes

that have occasionally been used by the

Department for acknowledgment. For

example, the Eastern Band of Cherokee

Indians and Stand Up for California

requested that the Department utilize

only the Part 83 process to acknowledge

tribes.

We recognize the concerns expressed

in comments about the use of

administrative approaches for

acknowledgment other than Part 83.

Having worked hard to make the Part 83

process more transparent, timely and

efficient, while maintaining Part 83’s

fairness, rigor, and integrity, the

Department has decided that, in light of

these reforms to improve the Part 83

process, that process should be the only

method utilized by the Department to

acknowledge an Indian tribe in the

contiguous 48 states.1 The Department

has determined that it will no longer

accept requests for acknowledgement

outside the Part 83 process. Rather, the

Department intends to rely on the newly

reformed Part 83 process as the sole

administrative avenue for

acknowledgment as a tribe.

Of course, the basis for the policy

shift being announced today is the

Department’s reform and improvement

of the Part 83 process. The recently

revised Part 83 regulations promote

fairness, integrity, efficiency and

flexibility. No group should be denied

access to other mechanisms if the only

administrative avenue available to them

is widely considered ‘‘broken.’’ Thus,

this policy guidance is contingent on

the Department’s ability to implement

Part 83, as reformed. If in the future the

newly reformed Part 83 process is not in

effect and being implemented, this

policy guidance is deemed rescinded.

To conclude, any group within the

contiguous 48 states seeking Federal

acknowledgment as an Indian tribe

administratively must petition under 25

CFR part 83 from this date forward. The

decision to use only the recently

reformed Part 83 process from this point

forward does not affect the validity of

any determination made prior to the

institution of this policy guidance;

while the Department exercised its

discretionary authority to use those

methods of acknowledgment in the past,

it no longer will.

Dated: June 26, 2015.

Kevin K. Washburn,

Assistant Secretary—Indian Affairs.

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specifically provided: ‘‘that groups of Indians in

Alaska not recognized prior to May 1, 1936, as

bands or tribes, but having a common bond of

occupation, or association, or residence within a

well-defined neighborhood, community, or rural

district, may organize to adopt constitutions and

bylaws and to receive charters of incorporation and

Federal loans under sections 470, 476, and 477 of

this title.’’

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FOR FURTHER INFORMATION CONTACT:

Todd Smyth at the U.S. Department of

Labor, Office of Administrative Law

Judges, 800 K Street NW., Suite 400North, Washington, DC 20001–8002;

telephone (202) 693–7300.

SUPPLEMENTARY INFORMATION:

Background

The final regulations that are the

subject of these corrections became

effective on June 18, 2015. The

regulations constitute the rules of

practice and procedure for

administrative hearings before the

Office of Administrative Law Judges.

Need for Correction

As published, the final regulations

contain four internal cross-reference

errors, and a typographical error in the

title of 29 CFR 18.33(e).

List of Subjects in 29 CFR Part 18

Administrative practice and

procedure, Labor.

Accordingly, 29 CFR part 18 is

corrected by making the following

correcting amendments:

PART 18—RULES OF PRACTICE AND

PROCEDURE FOR ADMINISTRATIVE

HEARINGS BEFORE THE OFFICE OF

ADMINISTRATIVE LAW JUDGES

■ 1. The authority citation for part 18

continues to read as follows:

Authority: 5 U.S.C. 301; 5 U.S.C. 551–553;

5 U.S.C. 571 note; E.O. 12778; 57 FR 7292.

■ 2. Revise paragraph (c) of § 18.32 to

[FR Doc. 2015–16194 Filed 6–30–15; 8:45 am]

read as follows:

BILLING CODE 4337–15–P

§ 18.32

Computing and extending time.

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*

(c) Additional time after certain kinds

of service. When a party may or must act

within a specified time after service and

service is made under § 18.30(a)(2)(ii)(C)

or (D), 3 days are added after the period

would otherwise expire under

paragraph (a) of this section.

DEPARTMENT OF LABOR

Office of the Secretary

29 CFR Part 18

RIN 1290–AA26

Rules of Practice and Procedure for

Administrative Hearings Before the

Office of Administrative Law Judges;

Corrections

AGENCY: Office of the Secretary, Labor.

ACTION: Correcting amendments.

SUMMARY: This document contains

1 With regard to Alaska, under 473a, Congress has

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corrections to the final regulations

which were published in the Federal

Register of May 19, 2015 (80 FR 28768).

Those regulations relate to rules of

practice and procedure for

administrative hearings before the

Office of Administrative Law Judges.

DATES: Effective on July 1, 2015.

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■ 3. Revise paragraph (e) of § 18.33 to

read as follows:

§ 18.33

Motions and other papers.

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*

*

(e) Motions made at hearing. A

motion made at a hearing may be stated

orally unless the judge determines that

a written motion or response would best

serve the ends of justice.

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■ 4. Revise paragraph (d)(1) and the

introductory text of paragraph (d)(3) of

§ 18.51 to read as follows:

§ 18.51

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Discovery scope and limits.

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Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations

(d) Hearing preparation: Experts—(1)

Deposition of an expert who may testify.

A party may depose any person who has

been identified as an expert whose

opinions may be presented at trial. If

§ 18.50(c)(2)(ii) requires a report from

the expert the deposition may be

conducted only after the report is

provided, unless the parties stipulate

otherwise.

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(3) Hearing-preparation protection for

communications between a party’s

representative and expert witnesses.

Paragraphs (c)(1) and (2) under this

section protect communications

between the party’s representative and

any witness required to provide a report

under § 18.50(c)(2)(ii), regardless of the

form of the communications, except to

the extent that the communications:

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■ 5. Revise paragraph (b) of § 18.53 to

read as follows:

§ 18.53 Supplementing disclosures and

responses.

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*

(b) Expert witness. For an expert

whose report must be disclosed under

§ 18.50(c)(2)(ii), the party’s duty to

supplement extends both to information

included in the report and to

information given during the expert’s

deposition. Any additions or changes to

this information must be disclosed by

the time the party’s prehearing

disclosures under § 18.50(c)(3) are due.

Dated: June 17, 2015.

Stephen R. Henley,

Acting Chief Administrative Law Judge.

[FR Doc. 2015–16239 Filed 6–30–15; 8:45 am]

BILLING CODE 4510–20–P

boating traffic expected during 4th of

July firework displays throughout the

Miami area. To ensure the public’s

safety, all vessels within the regulated

navigation area are: Required to transit

the regulated navigation area at no more

than 15 knots; subject to control by the

Coast Guard members with law

enforcement authority; and required to

follow the instructions of all law

enforcement officials in the area.

DATES: This rule is effective from July 4

until July 5, 2015 and will be enforced

from 7 p.m. on July 4 until 2 a.m. on

July 5, 2015.

ADDRESSES: Documents indicated in this

preamble are part of docket USCG–

2015–0450. To view documents

mentioned in this preamble as being

available in the docket, go to http://

www.regulations.gov, type the docket

number in the ‘‘SEARCH’’ box and click

‘‘SEARCH.’’ Click on Open Docket

Folder on the line associated with this

rulemaking. You may also visit the

Docket Management Facility in room

W12–140 on the ground floor of the

Department of Transportation West

Building, 1200 New Jersey Avenue SE.,

Washington, DC 20590, between 9 a.m.

and 5 p.m., Monday through Friday,

except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If

you have questions on this rule, call or

email Petty Officer John Jennings, Sector

Miami Prevention Department, Coast

Guard; telephone (305) 535–4317, email

john.k.jennings@uscg.mil. If you have

questions on viewing the docket, call

Cheryl Collins, Program Manager,

Docket Operations, telephone (202)

366–9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security

FR Federal Register

NPRM Notice of proposed rulemaking

RNA Regulated Navigation Area

DEPARTMENT OF HOMELAND

SECURITY

Coast Guard

I. Regulatory History and Information

33 CFR Part 165

[Docket No. USCG–2015–0450]

RIN 1625–AA11

Regulated Navigation Area; 4th of July,

Biscayne Bay, Miami, FL

AGENCY: Coast Guard, DHS.

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ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a regulated navigation area

on Biscayne Bay in Miami, Florida, for

multiple 4th of July fireworks displays

throughout the Miami area. This

regulation is necessary to protect the

public from hazards associated with

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The Coast Guard is issuing this final

rule without prior notice and

opportunity to comment pursuant to

authority under section 4(a) of the

Administrative Procedure Act (APA) (5

U.S.C. 553(b)). This provision

authorizes an agency to issue a rule

without prior notice and opportunity to

comment when the agency for good

cause finds that those procedures are

‘‘impracticable, unnecessary, or contrary

to the public interest.’’ Under 5 U.S.C.

553(b)(B), the Coast Guard finds that

good cause exists for not publishing a

NPRM with respect to this temporary

rule because information was recently

received regarding the location of

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fireworks displays throughout the

Miami area. As a result, it was

impracticable to issue this rule with

opportunity to comment because the

Coast Guard did not receive notice of

Fourth of July firework displays in time

to publish a NPRM.

Historically, there is increased vessel

traffic on the waters of Biscayne Bay

during Fourth of July fireworks displays

in the Miami area. Vessel congestion,

especially where vessels cross

navigational channels to return to their

home marinas at high rates of speed has

resulted in accidents that caused severe

injury and death. This RNA is necessary

to better protect the public on this

congested waterway. Under these

circumstances, it would be contrary to

the public interest in maintaining safety

in Biscayne Bay to delay the effective

date of the temporary final rule.

For the same reason discussed above,

under 5 U.S.C. 553(d)(3), the Coast

Guard finds that good cause exists for

making this rule effective less than 30

days after publication in the Federal

Register.

II. Basis and Purpose

The legal basis for the rule is the

Coast Guard’s authority to establish

regulated navigation areas and other

limited access areas: 33 U.S.C. 1231; 50

U.S.C. 191; 33 CFR 1.05–1, 6.04–1,

6.04–6, and 160.5; Department of

Homeland Security Delegation No.

0170.1.

The purpose of the rule is to ensure

the safe transit of vessels and to protect

persons, vessels, and the marine

environment within the regulated

navigation area during 4th of July

festivities.

III. Discussion of the Temporary Final

Rule

This temporary final rule will

designate a regulated navigation area

encompassing all waters within one

nautical mile of the center of the

Intracoastal Waterway to the east and

21⁄2 nautical miles to the west from

Black Point extending 10 nautical miles

north to the Rickenbacker Causeway

Bridge; then encompassing all navigable

waters of the Intracoastal Waterway

between the Rickenbacker Causeway

Bridge north to the Julia Tuttle

Causeway Bridge, Miami, Florida. The

regulated navigation area will be

enforced from 7 p.m. July 4, 2015, until

2 a.m. July 5, 2015.

All vessels within the regulated

navigation area are: (1) Required to

transit the area at no more than 15

knots; (2) subject to control by the Coast

Guard; and (3) required to follow the

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