Columbia River In Lieu Fishing Sites

• Published date: 17 November 2020
• Citation: 85 FR 73192
• Record Number: 2020-24729
• Section: Rules and Regulations
• Court: Indian Affairs Bureau

73192

Federal Register / Vol. 85, No. 222 / Tuesday, November 17, 2020 / Rules and Regulations

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 248

[201A2100DD/AAKC001030/

A0A501010.999900253G]

RIN 1076–AF61

Columbia River In Lieu Fishing Sites

AGENCY

: Bureau of Indian Affairs,

Interior.

ACTION

: Final rule; technical

amendment.

SUMMARY

: This rule replaces references

to outdated position titles and office

names with references to current

positions and offices and corrects two

typographical errors. These corrections

will clarify the regulation, including

clarifying that appeals of decisions of

the Bureau of Indian Affairs (BIA)

Regional Director made regarding

Columbia River In-Lieu Fishing Sites go

to the Assistant Secretary.

DATES

: Effective November 17, 2020.

FOR FURTHER INFORMATION CONTACT

: Ms.

Elizabeth Appel, Director, Office of

Regulatory Affairs & Collaborative

Action, Office of the Assistant

Secretary—Indian Affairs, (202) 273–

4680, elizabeth.appel@bia.gov.

SUPPLEMENTARY INFORMATION

: The

current regulation at 25 CFR part 248

addresses rights of persons to use ‘‘in

lieu fishing sites,’’ which are lands

acquired by the Secretary of War and

transferred to the Secretary of the

Interior in 1945, to replace Indian

fishing grounds submerged or destroyed

as a result of the construction of the

Bonneville Dam. See 59 Stat. 22. The

regulations refer to outdated positions

and offices. This rule updates those

outdated terms as shown in the table

below:

Outdated term Updated term Sections affected

Area Director ......................................................................... Regional Director ................................................................. 248.1, 248.3, 248.4,

248.6, 248.8, 248.9,

248.10

Portland Area Office .............................................................. Northwest Regional Office ................................................... 248.1

Commissioner of Indian Affairs ............................................. Assistant Secretary—Indian Affairs ..................................... 248.10

These changes are necessary to clarify

who is responsible for the actions listed

in these sections and to clarify in

§ 248.10 that decisions of the Regional

Director go to the Assistant Secretary—

Indian Affairs, rather than any other

official.

This rule also corrects two

typographical errors. The first, in

§ 248.2, uses the term ‘‘is accordance’’

instead of ‘‘in accordance.’’ The second,

in § 248.10, refers to a decision ‘‘on’’ the

official, rather than ‘‘of’’ the official.

A. Regulatory Planning and Review

(E.O. 12866)

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.

B. Reducing Regulation and Controlling

Regulatory Costs (E.O. 13771)

This action is not an E.O. 13771

regulatory action because this rule is not

significant under Executive Order

12866.

C. 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 Regulatory Flexibility Act (5

U.S.C. 601 et seq.). It does not change

current funding requirements and

would not impose any economic effects

on small governmental entities.

D. 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,

because this rule only replaces outdated

references to position titles. This rule:

(a) Will 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) Will not 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.

E. 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

statement containing the information

required by the Unfunded Mandates

Reform Act (2 U.S.C. 1531 et seq.) is not

required.

F. Takings (E.O. 12630)

This rule does not effect a taking of

private property or otherwise have

taking implications under E.O. 12630. A

takings implication assessment is not

required.

G. Federalism (E.O. 13132)

Under the criteria in section 1 of E.O.

13132, this rule does not have sufficient

federalism implications to warrant the

preparation of a federalism summary

impact statement. A federalism

summary impact statement is not

required.

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

This rule complies with the

requirements of E.O. 12988.

Specifically, this rule: (a) Meets the

criteria of section 3(a) requiring that all

regulations be reviewed to eliminate

errors and ambiguity and be written to

minimize litigation; and (b) meets the

criteria of section 3(b)(2) requiring that

all regulations be written in clear

language and contain clear legal

standards.

VerDate Sep<11>2014 19:46 Nov 16, 2020 Jkt 253001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\17NOR1.SGM 17NOR1

73193

Federal Register / Vol. 85, No. 222 / Tuesday, November 17, 2020 / Rules and Regulations

I. Consultation With Indian Tribes (E.O.

13175)

The Department of the Interior strives

to strengthen its government-to-

government relationship with Indian

Tribes through a commitment to

consultation with Indian Tribes and

recognition of their right to self-

governance and Tribal sovereignty. We

have evaluated this rule under the

Department’s consultation policy and

under the criteria in E.O. 13175 and

have determined there are no

substantial direct effects on federally

recognized Indian Tribes that will result

from this rulemaking because the rule is

limited to updating outdated terms.

J. Paperwork Reduction Act

This rule does not contain

information collection requirements,

and a submission to the Office of

Management and Budget (OMB) under

the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.) is not required.

We may not conduct or sponsor and you

are not required to respond to a

collection of information unless it

displays a currently valid OMB control

number.

K. National Environmental Policy Act

This rule does not constitute a major

Federal action significantly affecting the

quality of the human environment. A

detailed statement under the National

Environmental Policy Act of 1969

(NEPA) is not required because this is

an administrative and procedural

regulation. (For further information see

43 CFR 46.210(i)). We have also

determined that the rule does not

involve any of the extraordinary

circumstances listed in 43 CFR 46.215

that would require further analysis

under NEPA.

L. Effects on the Energy Supply (E.O.

13211)

This rule is not a significant energy

action under the definition in E.O.

13211. A Statement of Energy Effects is

not required.

M. 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 accurate

identification of agency officials, and

further delay is unnecessary and

contrary to the public interest. Similarly

because this final rule makes no

substantive changes and merely reflects

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 248

Fishing, Indians.

For the reasons stated in the

preamble, the Department of the

Interior, Bureau of Indian Affairs,

amends part 248 in title 25 of the Code

of Federal Regulations as follows:

PART 248—USE OF COLUMBIA RIVER

INDIAN IN-LIEU FISHING SITES

■1. The authority for part 248

continues to read as follows:

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

§ 248.1 [Amended]

■2. In § 248.1, remove the words

‘‘following rules and regulations’’ and

‘‘Portland Area Office’’ and add, in their

place, the words ‘‘rules and regulations

in this part’’ and ‘‘Northwest Regional

Office,’’ respectively.

§ 248.2 [Amended]

■3. In § 248.2, remove the words ‘‘is

accordance’’ and add, in their place, the

words ‘‘in accordance.’’

§ 248.10 [Amended]

■4. In § 248.10:

■a. Remove the reference ‘‘this part

248’’ and add, in its place, the reference

‘‘this part.’’

■b. Remove the words ‘‘to the

Commissioner of Indian Affairs’’ and

add, in their place, the words ‘‘to the

Assistant Secretary—Indian Affairs’’;

and

■c. Remove the words ‘‘on the

Commissioner of Indian Affairs’’ and

add, in their place, ‘‘of the Assistant

Secretary—Indian Affairs’’.

§§ 248.1, 248.3, 248.4, 248.6, 248.8, 248.9,

and 248.10 [Amended]

■5. In 25 CFR part 248, remove the

words ‘‘Area Director’’ and add, in their

place, the words ‘‘Regional Director’’

wherever they appear in the following

places:

■a. Section 248.1;

■b. Section 248.3;

■c. Section 248.4;

■d. Section 248.6;

■e. Section 248.8;

■f. Section 248.9; and

■g. Section 248.10.

Tara Sweeney,

Assistant Secretary—Indian Affairs.

[FR Doc. 2020–24729 Filed 11–16–20; 8:45 am]

BILLING CODE 4337–15–P

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

[Docket ID: DOD–2017–HA–0058]

RIN 0720–AB71

TRICARE: Referring of Physical

Therapy and Occupational Therapy by

Doctors of Podiatric Medicine Acting

Within the Scope of Their License

AGENCY

: Office of the Secretary,

Department of Defense (DoD).

ACTION

: Final rule.

SUMMARY

: The DoD is amending its

TRICARE regulation. Specifically, this

rule allows coverage of otherwise

authorized physical therapy (PT) and

occupational therapy (OT) for TRICARE

beneficiaries when such services are

referred by a TRICARE-authorized

Doctor of Podiatric Medicine, also

known as a Podiatrist, acting within the

scope of his/her license.

DATES

: This rule is effective December

17, 2020.

FOR FURTHER INFORMATION CONTACT

:

Amber Butterfield, Defense Health

Agency, TRICARE Health Plan, Medical

Benefits and Reimbursement Section,

(303) 676–3565 or

amber.l.butterfield.civ@mail.mil.

SUPPLEMENTARY INFORMATION

:

I. Executive Summary

A. Purpose of the Rule

This rule permits coverage of services

referred by TRICARE-authorized

Podiatrists for PT and OT. Prior to the

issuance of this regulatory action, the

language of Title 32 Code of Federal

Regulations (CFR), § 199.4(c)(3)(x) stated

that PT and OT may be cost-shared

when services are referred and

monitored by a physician, certified

physician assistant, or certified nurse

practitioner. As a result, otherwise

authorized PT and OT services for

TRICARE beneficiaries were not covered

benefits when Podiatrists (even when

acting within their scope of license)

referred the services. Podiatrists are

included in the provider category of

‘‘Other allied health professional’’ listed

VerDate Sep<11>2014 19:46 Nov 16, 2020 Jkt 253001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\17NOR1.SGM 17NOR1