Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations 31699 

(i) 7.7.2 With the bath seat in each of 

the manufacturer’s recommended use 

position(s), insert the tapered end of the 

Bath Seat Shoulder Probe (see Fig. 6) in 

all orientations into each opening. 

* * * 

(ii) [Reserved] 

(8) Instead of Figure 4 of ASTM F 

1967–08a, use the following: 

(9) Instead of complying with section 

8.1.1 of ASTM F 1967–08a, comply with 

the following: 

(i) 8.1.1 The safety alert symbol, the 

signal word, and all other words that are 

all capital letters shall be in sans serif 

type face with letters not less than 0.4 

in. (10 mm) in height, with all 

remainder of the text not less than 0.2 

in. (5 mm) in height. Specified 

warning(s) on both the product and the 

package shall be distinctively separated 

from any other wording or designs and 

shall appear in the English language at 

a minimum. They shall also be highly 

visible and in a contrasting color to the 

background on which they are located. 

(ii) [Reserved] 

(10) In addition to complying with 

section 8.2 of ASTM F 1967–08a, 

comply with the following: 

(i) 8.2 * * * The specified warnings 

may not be placed in a location that 

allows the warning(s) to be obscured or 

rendered inconspicuous when in the 

manufacturer’s recommended use 

position. 

(ii) [Reserved] 

Dated: May 25, 2010. 

Todd Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2010–13073 Filed 6–3–10; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

25 CFR Part 900 

DEPARTMENT OF THE INTERIOR 

25 CFR Part 1000 

Bureau of Indian Affairs 

25 CFR Part 900 

Indian Health Service 

25 CFR Part 900 

RIN 1076–AE86 

Indian Self-Determination Act 

Contracts and Annual Funding 

Agreements—Appeal Procedures 

AGENCIES: Bureau of Indian Affairs, 

Interior; Indian Health Service, Health 

and Human Services. 

ACTION: Final rule. 

SUMMARY: The Bureau of Indian Affairs 

(BIA) in the Department of the Interior 

(DOI) and the Indian Health Service 

(IHS) in the Department of Health and 


erowe on DSK5CLS3C1PROD with RULESER04JN10.000</GPH>
31700 Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations 

Human Services (HHS) are making 

limited technical amendments to their 

joint regulations governing contracts 

and annual funding agreements under 

the Indian Self-Determination and 

Education Assistance Act to update the 

appeals procedures. 

DATES: This rule is effective July 6, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

—Terrence Parks, Acting Chief, Division 

of Self-Determination, Office of Indian 

Services, Bureau of Indian Affairs, 

Department of the Interior, 1849 C 

Street, NW., Mail Stop 4513, 

Washington, DC 20240, telephone 

202–513–7616; 

—Sharee M. Freeman, Director, Office of 

Self-Governance, Office of the 

Assistant Secretary—Indian Affairs, 

Department of the Interior, 1951 

Constitution Avenue, NW., Mail Stop 

355, Washington, DC 20240, 

telephone 202–219–0240; 

—Betty Gould, Regulations Officer, 

Indian Health Service, Department of 

Health and Human Services, 12300 

Twinbrook Parkway, Suite 450, 

Rockville, MD 20857, telephone 301– 

443–7899. 

Persons who use a 

telecommunications device for the 

hearing impaired may call the Federal 

Information Relay Service at 800–877– 

8339. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Board of Contract Appeals 

In 25 CFR parts 900 and 1000, BIA 

and IHS have promulgated regulations 

governing contracts and annual funding 

agreements with Indian tribes under the 

Indian Self-Determination and 

Education Assistance Act, as amended, 

25 U.S.C. 450f–450n, 458aa–458aaa–18. 

Included in those regulations are 

procedures allowing for appeals to the 

Interior Board of Contract Appeals, 

pursuant to 25 U.S.C. 450m-1(d), 

458ff(c), and the Contract Disputes Act, 

41 U.S.C. 601–613. 

Effective January 6, 2007, Congress 

abolished the Interior Board of Contract 

Appeals (IBCA) and transferred its 

functions—including appeals under 25 

CFR Parts 900 and 1000—to a new 

Civilian Board of Contract Appeals 

(CBCA) within the General Services 

Administration (GSA). Public Law 109– 

163, section 847, 119 Stat, 3391 (2006); 

see 71 FR 65825 (Nov. 9, 2006). BIA and 

IHS are therefore revising their 

regulations to substitute references to 

CBCA for IBCA in three sections in Part 

900 and five sections in Part 1000. 

Procedures applicable to appeals to 

CBCA were published by GSA at 48 CFR 

part 6101, 72 FR 36794 (July 5, 2007), 

and are referenced in revised 25 CFR 

900.216(b) and 1000.430. 

IHS previously published its own 

final rule amending 25 CFR 900.222 to 

change the name and address of the 

appeals board from IBCA to CBCA and 

amending 25 CFR 900.229 to change 

references to IBCA to CBCA. 71 FR 

76600 (Dec. 21, 2006). However, the IHS 

rule failed to change references to ‘‘U.S. 

Department of the Interior’’ and ‘‘IBCA’’ 

in § 900.222(e), and it did not amend 

§§ 900.6 and 900.216, which continue to 

refer to IBCA. This rule completes the 

changes to Part 900 that IHS initiated 

with its December 2006 rule, and it 

makes similar changes to Part 1000. 

B. Equal Access to Justice Act 

Additional technical changes are 

being made to the regulations in Parts 

900 and 1000 dealing with the Equal 

Access to Justice Act (EAJA), 5 U.S.C. 

504. First, section 900.177 currently 

provides that EAJA claims against either 

DOI or HHS will be heard by the Interior 

Board of Indian Appeals (IBIA) under 43 

CFR 4.601 through 4.619. This is only 

partially correct. While some EAJA 

claims against DOI are heard by IBIA, 

most are heard initially by 

administrative law judges (ALJs) within 

DOI, with a right of appeal to IBIA. Most 

EAJA claims against HHS are also heard 

initially by ALJs within DOI, with a 

right of appeal to the HHS Departmental 

Appeals Board. 

To eliminate the apparent 

inconsistency between section 900.177 

and the referenced DOI EAJA 

regulations over who initially decides 

EAJA claims, this rule removes the 

phrase ‘‘by the IBIA’’ from § 900.177. As 

a result, EAJA claims against either DOI 

or HHS will be heard initially by the 

adjudicative officer who decided the 

merits, whether an ALJ or IBIA, 

consistent with DOI’s EAJA regulations. 

For claims against DOI, appeals from an 

ALJ’s decision will be decided by IBIA 

under 43 CFR part 4, subpart D, as 

provided in 43 CFR 4.626(a). For claims 

against HHS, appeals from an ALJ’s 

decision will be decided by the HHS 

Departmental Appeals Board under 45 

CFR part 13. 

In a future rulemaking, HHS will 

propose applying its EAJA regulations at 

45 CFR part 13 to an EAJA claim against 

HHS, so that the HHS regulations apply 

to both the claim and the appeal. 

Additionally, the future rule would 

delete the reference in § 900.177 to 25 

CFR 900.165(b) because that paragraph 

merely refers to the statement of the 

appeal option that must be contained in 

the recommended decision. 

Second, this rule updates the 

references to DOI’s EAJA regulations in 

§ 900.177 from 43 CFR 4.601 through 

4.619 to 43 CFR 4.601 through 4.628 to 

reflect amendments to those EAJA 

regulations published in 2006. See 71 

FR 6364 (Feb. 8, 2006). 

Third, this rule updates the references 

in § 900.216(c) to the applicable EAJA 

regulations. Now that CBCA, rather than 

IBCA, will be deciding EAJA claims in 

post-award disputes, the CBCA 

procedural regulations at 48 CFR 

6101.30 and 6101.31 will apply. But 

since those regulations do not contain 

provisions regarding eligibility for an 

award, the standards for an award, and 

allowable fees and expenses, the 

substantive EAJA regulations at 43 CFR 

4.602 and 4.604 through 4.606 (DOI) 

and 45 CFR 13.4 through 13.7 (HHS) 

will continue to apply. See Tidewater 

Contractors, Inc. v. Department of 

Transportation, No. CBCA 982–C, 2008 

WL 2718917 (Civilian B.C.A.) (July 10, 

2008), slip op. at 5 (CBCA looked to 

Department of Transportation 

regulations for allowable attorney fee 

rate). 

Corresponding revisions are made to 

25 CFR 1000.431. 

C. Cross References 

Finally, this rule corrects a number of 

cross references in Part 900. The notice 

of appeal rights in section 900.156(b) 

refers in two places to 25 CFR 900.157, 

when the correct reference is 25 CFR 

900.158 (compare section 900.152). The 

notices of appeal rights in section 

900.165(b) and (c) both contain 

meaningless references to those 

sections, when the correct reference is 

25 CFR 900.166. 

The notices of appeal rights in 

§ 900.172(b) and (c) repeat the 

references from § 900.165(b) and (c); but 

§ 900.172 is dealing with emergency 

reassumptions, while § 900.165 is 

dealing with non-emergency 

reassumptions. The correct reference in 

§ 900.172(b) and (c) is 25 CFR 900.173. 

Similarly, § 900.253(b) refers to 25 

CFR 900.160 and 900.161; but 

§ 900.253(b) is dealing with emergency 

reassumptions, while §§ 900.160 and 

900.161 are dealing with non-emergency 

reassumptions. The correct reference in 

§ 900.253(b) is 25 CFR 900.171. 

II. Procedural Requirements 

A. Determination To Issue Final Rule 

Without Prior Notice and Comment. 

BIA and IHS have determined that the 

public notice and comment provisions 

of the Administrative Procedure Act, 5 

U.S.C. 553(b), do not apply to this 

rulemaking because the changes being 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations 31701 

made relate solely to matters of agency 

organization, procedure, and practice. 

They therefore satisfy the exemption 

from notice and comment rulemaking in 

5 U.S.C. 553(b)(A). 

B. Review Under Procedural Statutes 

and Executive Orders 

BIA and IHS have reviewed this rule 

under the following statutes and 

executive orders governing rulemaking 

procedures: the Unfunded Mandates 

Reform Act of 1995, 2 U.S.C. 1501 et 

seq.; the Regulatory Flexibility Act, 5 

U.S.C. 601 et seq.; the Small Business 

Regulatory Enforcement Fairness Act of 

1996, 5 U.S.C. 801 et seq.; the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq.; the National 

Environmental Policy Act of 1969, 42 

U.S.C. 4321 et seq.; the Information 

Quality Act, Public Law 106–554; 

Executive Order 12630 (Takings); 

Executive Order 12866 (Regulatory 

Planning and Review); Executive Order 

12988 (Civil Justice Reform); Executive 

Order 13132 (Federalism); Executive 

Order 13175 (Tribal Consultation); and 

Executive Order 13211 (Energy 

Impacts). BIA and IHS have determined 

that this rule does not trigger any of the 

procedural requirements of those 

statutes and executive orders, since this 

rule merely updates the Indian SelfDetermination and Education 

Assistance Act regulations to refer to the 

correct appeal entities and revised EAJA 

regulations and to correct various cross 

references. 

List of Subjects 

25 CFR Part 900 

Administrative practice and 

procedure, Buildings and facilities, 

Claims, Government contracts, 

Government property management, 

Grant programs–Indians, Health care, 

Indians, Indians–business and finance. 

25 CFR Part 1000 

Grant programs–Indians, Indians. 

■ For the reasons stated in the preamble, 

BIA and IHS amend their regulations in 

25 CFR parts 900 and 1000 as follows: 

PART 900—CONTRACTS UNDER THE 

INDIAN SELF–DETERMINATION AND 

EDUCATION ASSISTANCE ACT 

■ 1. The authority citation for part 900 

continues to read as follows: 

Authority: 25 U.S.C. 450f et seq. 

Subpart B—Definitions 

■ 2. In § 900.6, revise the definition of 

‘‘Contract appeals board’’ to read as 

follows: 

§ 900.6 Definitions. 

* * * * * 

Contract appeals board means the 

Civilian Board of Contract Appeals 

(CBCA). 

* * * * * 

Subpart L—Appeals 

§ 900.156 [Amended] 

■ 3. In § 900.156(b), remove the 

reference ‘‘25 CFR 900.157’’ and add in 

its place ‘‘25 CFR 900.158’’ wherever it 

appears. 

§ 900.165 [Amended] 

■ 4. In § 900.165(b), remove the 

reference ‘‘25 CFR 900.165(b)’’ and add 

in its place ‘‘25 CFR 900.166’’wherever 

it appears. 

■ 5. In § 900.165(c), remove the 

reference ‘‘25 CFR 900.165(c)’’ and add 

in its place ‘‘25 CFR 900.166’’ wherever 

it appears. 

§ 900.172 [Amended] 

■ 6. In § 900.172(b), remove the 

reference ‘‘25 CFR 900.165(b)’’ and add 

in its place ‘‘25 CFR 900.173’’ wherever 

it appears. 

■ 7. In § 900.172(c), remove the 

reference ‘‘25 CFR 900.165(c)’’ and add 

in its place ‘‘25 CFR 900.173’’ wherever 

it appears. 

■ 8. Revise § 900.177 to read as follows: 

§ 900.177 Does the Equal Access to 

Justice Act (EAJA) apply to appeals under 

this subpart? 

Yes. EAJA claims against DOI or HHS 

will be heard under 43 CFR 4.601 

through 4.628. For HHS, appeals from 

an EAJA award will be according to 25 

CFR 900.165(b). 

Subpart N—Post-Award Contract 

Disputes 

■ 9. Revise § 900.216(b) and (c) to read 

as follows: 

§ 900.216 What other statutes and 

regulations apply to contract disputes? 

* * * * * 

(b) If the matter is submitted to the 

CBCA, 48 CFR part 6101; and 

(c) The Equal Access to Justice Act 

(EAJA), 5 U.S.C. 504 and 28 U.S.C. 

2412, and regulations at 48 CFR 

6101.30, 6101.31 (CBCA), 43 CFR 4.602, 

4.604 through 4.628 (DOI), and 45 CFR 

13.4 through 13.7 (HHS). 

■ 10. Revise § 900.222(e) to read as 

follows: 

§ 900.222 What goes into a decision? 

* * * * * 

(e) Contain the following language: 

This is a final decision. You may 

appeal this decision to the Civilian 

Board of Contract Appeals (CBCA), 1800 

F Street, NW., Washington, DC 20245. If 

you decide to appeal, you must, within 

90 days from the date you receive this 

decision, mail or otherwise furnish 

written notice to the CBCA and provide 

a copy to the individual from whose 

decision the appeal is taken. The notice 

must indicate that an appeal is 

intended, and refer to the decision and 

contract number. Instead of appealing to 

the CBCA, you may bring an action in 

the U.S. Court of Federal Claims or in 

the United States District Court within 

12 months of the date you receive this 

notice. 

§ 900.253 [Amended] 

■ 11. Revise § 900.253(b) to read as 

follows: 

* * * * * 

(b) A statement explaining the 

contractor’s right to a hearing on the 

record under § 900.171 within 10 days 

of the emergency reassumption or such 

later date as the contractor may approve; 

* * * * * 

PART 1000—ANNUAL FUNDING 

AGREEMENTS UNDER THE TRIBAL 

SELF–GOVERNMENT ACT 

AMENDMENTS TO THE INDIAN SELF– 

DETERMINATION AND EDUCATION 

ACT 

■ 12. The authority citation for part 

1000 continues to read as follows: 

Authority: 25 U.S.C. 458aa–gg. 

Subpart R—Appeals 

■ 13. Revise § 1000.421(b) to read as 

follows: 

§ 1000.421 What is the purpose of this 

subpart? 

* * * * * 

(b) The Civilian Board of Contract 

Appeals (CBCA) for certain post-AFA 

disputes; 

* * * * * 

§ 1000.428 [Amended] 

■ 14. In § 1000.428, remove ‘‘IBCA’’ and 

add in its place ‘‘CBCA’’. 

■ 15. In § 1000.429, revise the section 

heading and introductory text to read as 

follows: 

§ 1000.429 What statutes and regulations 

govern resolution of disputes concerning 

signed AFAs or compacts that are appealed 

to the CBCA? 

Section 110 of Public Law 93–638 (25 

U.S.C. 450m–l) and the regulations at 25 

CFR 900.216 through 900.230 apply to 

disputes concerning signed AFAs and 

compacts that are appealed to the 

CBCA, except that any references to the 

Department of Health and Human 


erowe on DSK5CLS3C1PROD with RULES
31702 Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations 

Services are inapplicable. For purposes 

of such appeals: 

* * * * * 

■ 16. Revise § 1000.430 to read as 

follows: 

§ 1000.430 Who handles appeals regarding 

reassumption for imminent jeopardy? 

Appeals regarding reassumption of 

Title I-eligible PFSAs are handled by the 

IBIA under the procedures in 25 CFR 

900.171 through 900.176. Appeals 

regarding reassumption of PFSAs that 

are not Title I-eligible are handled by 

the CBCA under the procedures in 48 

CFR part 6101. 

■ 17. Revise § 1000.431 to read as 

follows: 

§ 1000.431 Does the Equal Access to 

Justice Act (EAJA) apply to appeals under 

this subpart? 

Yes. EAJA claims against the DOI will 

be heard under 48 CFR 6101.30, 6101.31 

(CBCA) and 43 CFR 4.602, 4.604 

through 4.628 (DOI) and under the 

Equal Access to Justice Act, 5 U.S.C. 504 

and 28 U.S.C. 2412. 

Dated: October 30, 2009. 

Larry Echo Hawk, 

Assistant Secretary, Indian Affairs, 

Department of the Interior. 

Dated: May 24, 2010. 

Yvette Roubideaux, 

Director, Indian Health Service, Department 

of Health and Human Services. 

[FR Doc. 2010–13297 Filed 6–3–10; 8:45 am] 

BILLING CODE 4310–79–P 

POSTAL SERVICE 

39 CFR PART 111 

General Information on Postal Service 

AGENCY: Postal Service. 

ACTION: Final rule. 

SUMMARY: The Postal Service announces 

the issuance of Issue 300, dated May 11, 

2009, of the Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual (DMM), and its 

incorporation by reference in the Code 

of Federal Regulations. 

DATES: Effective Date: This final rule is 

effective on June 4, 2010. The 

incorporation by reference of Issue 300, 

May 11, 2009, of the DMM is approved 

by the Director of the Federal Register 

as of June 4, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Lizbeth Dobbins (202) 268–3789. 

SUPPLEMENTARY INFORMATION: The most 

recent Issue 300 of the Domestic Mail 

Manual (DMM) was issued on May 11, 

2009. 

This Issue of the DMM contains all 

Postal Service domestic mailing 

standards. This issue continues to 

(1) increase the user’s ability to find 

information, (2) increase confidence that 

users have found all the information 

they need, and (3) reduce the need to 

consult multiple chapters of the Manual 

to locate necessary information. Issue 

300, dated May 11, 2009, set forth 

specific changes, such as new standards 

throughout the DMM to support the 

pricing changes approved by the 

Governors of the United States Postal 

Service. The new prices and standards 

were effective May 11, 2009. Changes to 

mailing standards will continue to be 

published through Federal Register 

notices and the Postal Bulletin, and will 

appear in the next printed version of 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual, 

and in the online version available via 

Postal Explorer http://pe.usps.com. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Incorporation by reference. 

■ In view of the considerations 

discussed above, the Postal Service 

hereby amends 39 CFR Part 111 as 

follows: 

PART 111—GENERAL INFORMATION 

ON POSTAL SERVICE 

■ 1. The authority citation for 39 CFR 

Part 111 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 

401, 403, 404, 414, 416, 3001–3011, 3201– 

3219, 3403–3406, 3621, 3622, 3626, 3632, 

3633, 5001. 

■ 2. Amend § 111.3(f) by adding the 

following new entry at the end of the 

table: § 111.3 Amendment to the 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual. 

* * * * * 

(f) * * * 

Transmittal letter for issue publication Dated Federal Register 

Issue 300 ........................................................ May 12, 2008 ................................................. [Insert FR citation for this Final Rule]. 

Issue 300 ........................................................ May 11, 2009 ................................................. [Insert FR citation for this Final Rule]. 

■ 3. Amend § 111.4 by removing ‘‘May 

7, 2008’’ and adding ‘‘June 4, 2010’’. 

Neva R. Watson, 

Attorney, Legislative. 

[FR Doc. 2010–13356 Filed 6–3–10; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 7 

[EPA–HQ–OA–2004–0002; FRL–9158–9] 

RIN 2090–AA37 

Nondiscrimination on the Basis of Age 

in Programs or Activities Receiving 

Federal Assistance from the 

Environmental Protection Agency 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action on Nondiscrimination on the 

Basis of Age in Programs or Activities 

Receiving Federal Assistance from the 

Environmental Protection Agency. This 

document sets out EPA rules for 

implementing the Age Discrimination 

Act of 1975, as amended. The Act 

prohibits discrimination on the basis of 

age in programs or activities receiving 

Federal assistance. 

DATES: This rule is effective on October 

4, 2010 without further notice, unless 

EPA receives adverse comment by 

August 3, 2010. If EPA receives adverse 

comment, we will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OA–2004–0002, by one of the following 

methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: docket.oei@epa.gov. 


erowe on DSK5CLS3C1PROD with RULES