41328 Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Rules and Regulations 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

Section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD will 

not have a 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. 

For the reasons discussed above, I 

certify that this AD: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a summary of the costs 

to comply with this AD and placed it in 

the AD Docket. You may get a copy of 

this summary at the address listed 

under ADDRESSES. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

Adoption of the Amendment 

■ Under the authority delegated to me 

by the Administrator, the Federal 

Aviation Administration amends part 39 

of the Federal Aviation Regulations (14 

CFR part 39) as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2009–17–05 Honeywell International Inc. 

(formerly AlliedSignal Inc., Garrett 

Engine Division; Garrett Turbine Engine 

Company; and AiResearch 

Manufacturing Company of Arizona): 

Amendment 39–15996. Docket No. 

FAA–2009–0555; Directorate Identifier 

2009–NE–18–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective September 1, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Honeywell 

International Inc. TPE331–10 and TPE331–11 

series turboprop engines with a first stage 

turbine disk, P/N 3101520–1 or 3107079–1, 

serial number 2–03501–2299, 2–03501–2300, 

2–03501–2301, 2–03501–2302, or 2–03501– 

2304 installed. These engines are installed 

on, but not limited to, the following 

airplanes: British Aerospace Jetstream 3201 

series, Cessna Aircraft Company Model 441 

Conquest, Construcciones Aeronauticas, S.A. 

(CASA) C–212 series, Dornier Luftfahrt 

Dornier 228 series, Hawker Beechcraft 

(formerly Raytheon, formerly Beech) B100, 

C90 and E90, M7 Aerospace (formerly 

Fairchild) SA226 and SA227 series 

(Swearingen Merlin and Metro series), 

Mitsubishi MU–2B series (MU–2 series), PZL 

M18 series, and Twin Commander 680 and 

690 series (Jetprop Commander). 

Unsafe Condition 

(d) This AD results from a report of an 

uncontained failure of a first stage turbine 

disk that had a metallurgical defect. We are 

issuing this AD to prevent uncontained 

failure of the first stage turbine disk and 

damage to the airplane. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified unless the 

actions have already been done. 

Removal of First Stage Turbine Disks From 

Service 

(f) Within 25 flight hours or 25 cycles-inservice after the effective date of this AD, 

whichever occurs first, remove from service 

first stage turbine disks, P/N 3101520–1 and 

P/N 3107079–1, serial numbers 2–03501– 

2299, 2–03501–2300, 2–03501–2301, 2– 

03501–2302, and 2–03501–2304. 

Installation Prohibition 

(g) After the effective date of this AD, do 

not install first stage turbine disks, P/N 

3101520–1 and P/N 3107079–1, serial 

numbers 2–03501–2299, 2–03501–2300, 2– 

03501–2301, 2–03501–2302, and 2–03501– 

2304, into any engine. 

Alternative Methods of Compliance 

(h) The Manager, Los Angeles Aircraft 

Certification Office, has the authority to 

approve alternative methods of compliance 

for this AD if requested using the procedures 

found in 14 CFR 39.19. 

Related Information 

(i) Contact Joseph Costa, Aerospace 

Engineer, Los Angeles Aircraft Certification 

Office, FAA, Transport Airplane Directorate, 

3960 Paramount Blvd., Lakewood, CA 

90712–4137; e-mail: joseph.costa@faa.gov; 

telephone (562) 627–5246; fax (562) 627– 

5210, for more information about this AD. 

(j) Honeywell International Inc. Alert 

Service Bulletin No. TPE331–72–A2150, 

dated June 13, 2008, pertains to the subject 

of this AD. Contact Honeywell International 

Inc., 111 S. 34th Street, Phoenix, AZ 85034– 

2802; Web site: http://portal.honeywell.com, 

for a copy of this service information, and for 

coordinating disk returns with the Honeywell 

Complete Customer Care Center. 

Material Incorporated by Reference 

(k) None. 

Issued in Burlington, Massachusetts, on 

August 11, 2009. 

Karen Grant, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–19633 Filed 8–14–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR Parts 26 and 27 

RIN 1076–AE88 

Job Placement and Training 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Final Rule. 

SUMMARY: This final rule consolidates 

requirements governing the 

Employment Assistance Program and 

the Adult Vocational Training Program. 

These programs assist eligible Indian 

people to obtain job skills and to obtain 

and retain permanent employment. 

Combining these regulations is 

consistent with changes to the 

Department’s budget, which has 

combined these two regulations into one 

line item. 

DATES: This rule is effective on 

September 16, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Robert W. Middleton, Ph.D., Director, 

Office of Indian Energy and Economic 

Development, either by facsimile at 

(202) 208–4564, or by mail to 1951 

Constitution Avenue, NW., Mailstop 

20–SIB, Washington, DC 20245. 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Rules and Regulations 41329 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Statutory Authority 

III. Discussion of Public Comments on 

Proposed Rule 

IV. Procedural Requirements 

A. Civil Justice Reform (Executive Order 

12988) 

B. Regulatory Planning and Review 

(Executive Order 12866) 

C. Regulatory Flexibility Act 

D. Takings (Executive Order 12630) 

E. Federalism (Executive Order 13132) 

F. National Environmental Policy Act 

G. Unfunded Mandates Act of 1995 

H. Paperwork Reduction Act of 1995 

I. Consultation With Indian Tribes 

(Executive Order 13175) 

J. Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

K. Information Quality Act 

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

13211) 

V. Drafting Information 

I. Background 

This final rule amends 25 CFR parts 

26 and 27 by consolidating 

requirements governing the 

Employment Assistance Program and 

the Adult Vocational Training Program 

into one ‘‘Job Placement and Training 

Program.’’ This revision is consistent 

with the Department of the Interior’s 

budget, which has integrated the two 

programs, Adult Vocational Training 

and the Direct Employment programs, 

into one comprehensive line item: the 

Job Placement and Training Program. 

The revision of this regulation was 

previously recommended by the Public 

Law 102–477 Tribal Work Group, Indian 

tribes, and BIA program staff and is part 

of the President’s Regulatory Reform 

Initiative. The purpose of the 

Department of the Interior’s Job 

Placement and Training Program is to 

enhance employment opportunities for 

eligible Indians and to provide related 

services as necessary for them to gain 

full self-sufficiency or non-subsidized 

employment. The program services are 

not intended to duplicate or supplant 

other job placement or training 

authorities, resources, or services, but 

are designed to complement and 

supplement where there may be gaps in 

an individual self-sufficiency plan. This 

program’s emphasis will focus on 

individual self-sufficiency through the 

implementation of a well-conceived 

plan that is designed to improve the 

individual’s standard of living. The 

program may be administered through 

the Self-Determination or SelfGovernance process, Public Law 102– 

477 Tribal Plan authority, or other 

similar authorities. 

II. Statutory Authority 

The authority to issue rules and 

regulations is vested in the Secretary of 

the Interior by 5 U.S.C. 301 and sections 

463 and 465 of the Revised Statutes (25 

U.S.C. 2 and 9). 

III. Discussion of Public Comments on 

Proposed Rule 

The regulations were developed 

working with tribal representatives. 

During our National Public Law 102– 

477 conference in Reno, Nevada held 

from October 30–November 1, 2007, the 

proposed draft regulations and their 

effect on Job Placement and Training 

were discussed. Three hundred twentyeight individuals attended the 

conference. The proposed regulations 

were also discussed at the Annual 

Alaska Bureau Service Providers 

conference in November 2007. We 

received numerous comments 

throughout a previous informal review 

process for more than the past 5 years. 

Some comments recommended more 

clarity or consistency and more detail or 

additional language in order to better 

clarify the Job Placement and Training 

Program. The Department incorporated 

changes based on these comments into 

the proposed rule, published on April 9, 

2008 (73 FR 19179). 

During the public comment period we 

received one comment from the CoChair of the Public Law 102–477 (Indian 

Employment, Training and Related 

Services Demonstration Act, as 

amended) Tribal Work Group. 

Specifically she stated, ‘‘As P.L. 102– 

477 Tribal workgroup Co-Chair 

representing over 258 federally 

recognized tribes or consortiums * * * 

the consensus of the group is that the 

proposed rules are reasonable and 

acceptable. I have personally read the 

proposed rules and find them clear, easy 

to understand and well worded. I 

concur with the consensus of the 477 

Tribal Work Group members.’’ This 

written comment agreed with the 

proposed draft and no corrections or 

revisions were recommended. The 

comment stated that the proposed 

regulations were consistent with tribal 

suggestions and integration of programs 

to facilitate tribal implementation. 

Given the positive response to the 

proposed rule, the Department has not 

made any changes to the rule beyond a 

few editorial changes and clarifications, 

which include: 

• Adding to the definition of ‘‘On-thejob-training (OJT)’’ in section 26.1 that 

on-the-job training activities are limited 

to 24 months. This is a statutory 

requirement; 

• Replacing ‘‘client’’ with ‘‘applicant’’ 

or ‘‘person’’ in a few instances where 

those terms are more appropriate; 

• In section 26.5, clarifying that 

eligible applicants may live in an agreed 

contract service area; 

• In section 26.23, clarifying that only 

one comprehensive Individual SelfSufficiency Plan (ISP) will be developed 

for each applicant; 

• In section 26.32, clarifying that an 

application may include an applicant 

assessment or other documents required 

by the servicing agency; 

• In section 26.35, deleting ‘‘public’’ 

as a modifier to ‘‘transportation’’ to 

clarify that support services may 

include both public and private 

transportation; and 

• In section 26.38, adding a sentence 

to clarify that if the servicing agency is 

a tribal contractor, the appeal may be 

filed with the tribal contractor under 

their established procedure, rather than 

with the service provider. 

IV. Procedural Requirements 

A. Civil Justice Reform (Executive Order 

12988) 

The Department has certified to the 

Office of Management and Budget 

(OMB) that this proposed rule meets the 

applicable standards provided in 

Sections 3(a) and 3(b)(2) of Executive 

Order 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. 

B. Regulatory Planning and Review 

(Executive Order 12866) 

This final rule is not a significant 

regulatory action and the OMB has not 

reviewed this rule under Executive 

Order 12866. 

(a) This final rule will not have an 

effect of $100 million or more on the 

economy. Further, this rule will not 

adversely affect in a material way the 

economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

governments or communities. This rule 

combines two programs into one, 

reflecting a change to the Department’s 

budget, which consolidated funding for 

the two programs into one line item. 

The purpose of the program is to assist 

eligible applicants to obtain job skills 

and to find and retain a job leading to 

self-sufficiency. Any effect on 

productivity, competition, jobs, and 

tribal governments or communities will 

be positive. 


erowe on DSK5CLS3C1PROD with RULES
41330 Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Rules and Regulations 

(b) This final rule does not create a 

serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency. This rule 

encourages coordination with other 

agency programs offering job training 

and placement assistance. For example, 

the rule states that the Bureau will 

consider other available resources, 

including those offered by other 

agencies, in determining financial need; 

allows the Bureau or tribal service 

provider to enter into agreements with 

appropriate Federal, State, or local 

government agencies, among other 

organizations, to provide facilities and 

services required for vocational training 

programs; and encourages partnering 

with similar programs and resources 

that may be offered by other agencies or 

organizations. 

(c) This final rule does not alter the 

budgetary effects of entitlements, grants, 

user fees, or loan programs or the rights 

or obligations of their recipients. This 

rule does not alter any budgetary effects 

or the rights or obligations of recipients 

to job placement and training services; 

the rule merely consolidates programs 

to reflect consolidation into one budget 

line item. 

(d) This final rule does not raise novel 

legal or policy issues. The Bureau and 

tribal service providers have been 

providing the types of services covered 

by this now consolidated rule and the 

legal and policy basis for providing 

these services has been well established. 

C. Regulatory Flexibility Act 

This final rule will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). This rule offers job 

training and placement assistance to 

certain eligible individuals and will not 

affect small entities. 

D. Takings (Executive Order 12630) 

The Department has determined that 

this final rule does not have significant 

‘‘takings’’ implications. The final rule 

does not pertain to ‘‘taking’’ of private 

property interests, nor does it affect 

private property. 

E. Federalism (Executive Order 13132) 

The Department has determined that 

this final rule does not have significant 

federalism effects because it pertains 

solely to Federal-tribal relations and 

will not interfere with the roles, rights 

and responsibilities of States. Therefore, 

a Federalism Assessment is not 

required. 

F. National Environmental Policy Act 

The Department has determined that 

this final rule does not constitute a 

major Federal action significantly 

affecting the quality of the human 

environment and that no detailed 

statement is required pursuant to the 

National Environmental Policy Act of 

1969. 

G. Unfunded Mandates Act of 1995 

This final rule imposes no unfunded 

mandates on any governmental or 

private entity and is in compliance with 

the provisions of the Unfunded 

Mandates Act of 1995. Additionally, 

this rule does not have a significant or 

unique effect on State, local, or tribal 

governments or the private sector. The 

rule addresses a program that offers 

assistance to eligible individuals to 

obtain job skills and to find and retain 

a job leading to self-sufficiency; it does 

not require any action or service by any 

governmental or private entity. A 

statement containing the information 

required by the Unfunded Mandates 

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

required. 

H. Paperwork Reduction Act of 1995 

The information collection 

requirements contained in this final rule 

have been renewed by the Office of 

Management and Budget (OMB) under 

44 U.S.C. 3504(h). The OMB control 

number is 1076–0062. The authorization 

expires on March 31, 2011. 

I. Consultation With Indian Tribes 

(Executive Order 13175) 

In accordance with Executive Order 

13175, we have identified potential 

effects on federally recognized Indian 

tribes that will result from this rule. 

This final rule will affect those tribes 

that provide job placement and training 

programs by consolidating the two CFR 

parts that had previously governed the 

assistance they provide. During the 

week of October 27, 2007, we met with 

tribes at the National Public Law 102– 

477 Conference to discuss changes in 

the regulations. We also discussed 

proposed changes during the Annual 

Alaska Providers Service Conference in 

November 2007. The proposed 

regulations have been a topic of 

discussion with tribes for more than the 

past 5 years. The proposed changes 

were discussed at the annual Adult 

Vocational Training Conference 

sponsored by Sinte Gleska College for 

several years. We have considered tribal 

views in the proposed rule as they were 

being developed for over 5 years with 

intensive tribal consultation and 

consequently the final rule had only one 

public comment and that comment was 

favorable. 

J. Small Business Regulatory 

Enforcement Fairness Act (SBREFA) 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: 

(a) Does not have an annual effect on 

the economy of $100 million or more. 

This rule combines two programs into 

one, reflecting a change to the 

Department’s budget, which 

consolidated funding for the two 

programs into one line item. 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. This rule will not 

affect costs or prices because it relates 

only to a job training and assistance 

program for eligible individuals. 

(c) Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

The purpose of this rule’s program is to 

assist eligible clients to obtain job skills 

and to find and retain a job leading to 

self-sufficiency. Any effect on 

competition, employment, investment, 

productivity, innovation or the ability of 

U.S.-based enterprises to compete with 

foreign-based enterprises will be 

positive, by providing more individuals 

with needed skills and job experience. 

K. Information Quality Act 

In developing this final rule we did 

not conduct or use a study, experiment, 

or survey requiring peer review under 

the Information Quality Act (Pub. L. 

106–554). 

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

13211) 

This final rule is not a significant 

energy action under the definition in 

Executive Order 13211. A Statement of 

Energy Effects is not required. 

V. Drafting Information 

The primary author of this document 

is Lynn Forcia, Chief, Division of 

Workforce Development. 

List of Subjects in 25 CFR Parts 26 and 

27 

Employment, Grant programs— 

Indians, Indians—Adult education, 

Indians—Vocational education, 

Manpower training programs— 

Occupational training. 


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Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Rules and Regulations 41331 

Dated: June 11, 2009. 

Larry Echo Hawk, 

Assistant Secretary—Indian Affairs. 

■ For the reasons given in the preamble 

under the authority of 5 U.S.C. 301 and 

sections 463 and 465 of the Revised 

Statutes (25 U.S.C. 2 and 9), the 

Department of the Interior amends part 

26 and part 27 of title 25, chapter I of 

the Code of Federal Regulations as set 

forth below. 

Title 25—Indians 

CHAPTER I—BUREAU OF INDIAN AFFAIRS, 

DEPARTMENT OF THE INTERIOR 

■ 1. Revise part 26 to read as follows: 

PART 26—JOB PLACEMENT AND 

TRAINING PROGRAM 

Subpart A—General Applicability 

Sec. 

26.1 What terms do I need to know? 

26.2 Who authorizes this collection of 

information? 

26.3 What is the purpose of the Job 

Placement and Training Program? 

26.4 Who administers the Job Placement 

and Training Program? 

26.5 Who may be eligible for Job Placement 

and Training? 

26.6 Who is eligible to receive financial 

assistance? 

26.7 How is financial need established? 

26.8 Where do I go to apply for Job 

Placement and Training assistance? 

26.9 How do I apply for assistance? 

26.10 When will I find out if I have been 

selected for Job Placement and Training 

assistance? 

26.11 What type of Job Placement and 

Training assistance may be approved? 

26.12 Who provides the Job Placement and 

Training? 

26.13 How long may I be in training and 

how long can I receive other assistance? 

26.14 What or who is a service provider? 

26.15 What makes an applicant eligible for 

Job Placement and Training services? 

26.16 If I am awarded financial assistance, 

how much will I receive? 

26.17 Can more than one family member be 

financially assisted at the same time? 

26.18 What kind of supportive services are 

available? 

26.19 Will I be required to contribute 

financially to my employment and 

training goals? 

26.20 Can I be required to return portions 

of my grant? 

26.21 Can this program be combined with 

other similar programs for maximum 

benefit? 

26.22 May a tribe integrate Job Placement 

and Training funds into its Public Law 

102–477 Plan? 

26.23 What is an Individual SelfSufficiency Plan (ISP)? 

Subpart B—Job Placement Services 

26.24 What is the scope of the Job 

Placement Program? 

26.25 What constitutes a complete Job 

Placement Program application? 

26.26 What job placement services may I 

receive? 

26.27 What kind of job placement support 

services can I expect? 

26.28 What follow-up services are available 

after I become employed? 

Subpart C—Training Services 

26.29 What is the scope of the Job Training 

Program? 

26.30 Does the Job Training Program 

provide part-time training or short-term 

training? 

26.31 May I repeat my job training? 

26.32 What constitutes a complete Job 

Training Program application? 

26.33 How do I show that I need job 

training? 

26.34 What type of job training assistance 

may be approved? 

26.35 What kind of support services are 

available to me? 

26.36 What follow-up service is available 

after I complete training? 

26.37 Are there training standards that I 

must follow? 

Subpart D—Appeal by an Applicant 

26.38 May I appeal a decision about my 

application? 

Authority: 25 U.S.C. 13; Sec. 1, Public Law 

84–959, 70 Stat. 966 as amended by Public 

Law 88–230, 77 Stat. 471 (25 U.S.C. 309) 

Subpart A—General Applicability 

§ 26.1 What terms do I need to know? 

As used in this part: 

Bureau means the Bureau of Indian 

Affairs (BIA). 

Department means the Department of 

the Interior. 

Gainful Employment means work 

resulting in self-sufficiency. 

Indian means any person who is a 

member of a federally recognized tribe, 

including Alaska Natives. 

Individual Self-Sufficiency Plan (ISP) 

means a written plan designed to meet 

the goal of employment through specific 

actions that meet the needs of the 

individual. The plan is jointly 

developed and is signed by both the 

applicant and the servicing office. The 

ISP addresses the client’s barriers to 

employment and a plan of action to 

address barriers. 

Must means a mandatory act or 

requirement. 

On or Near Reservation means those 

areas or communities adjacent or 

contiguous to reservations, or service 

areas where Job Training and Placement 

programs are provided upon approval of 

the Assistant Secretary-Indian Affairs or 

his designated representative. For 

purposes of this program and services, 

Alaska is included in this definition. 

On-the-Job-Training (OJT) means a 

written agreement for an employer to 

provide training to a participant who 

engages in productive work that 

provides knowledge or skills essential to 

the full and adequate performance of the 

job. The employer receives 

reimbursement from the Job Training 

Program for the wage rate of the 

participant. OJT may be used to meet 

the goal(s) in the participant’s ISP, as 

long as it does not exceed 24 months. 

Permanent Employment means a yearround job or one that re-occurs 

seasonally, lasting at least 90 days per 

work season. 

Service Area means a location agreed 

to by the tribe with the Bureau to 

provide Job Training and Placement 

Services. 

Servicing Office means the Bureau 

office or the office of the tribal service 

provider that administers the Job 

Training and Placement Program. 

Tribal Governing Body means the 

recognized entity empowered to 

exercise governmental authority over a 

federally recognized tribe. 

Tribal Service Provider means a tribe 

or tribal organization that administers 

the Job Training and Placement Program 

pursuant to Public Law 93–638 or 

Public Law 102–477. 

Tribe means any tribal entity listed in 

the Federal Register notice that the 

Secretary of the Interior publishes under 

Public Law 103–454, 108 Stat. 4791. 

Underemployed means an individual 

who is working but whose income is 

insufficient to meet essential needs. 

Unemployed means an individual 

who is not currently working or 

employed. 

Unmet need means the difference 

between available resources and the cost 

associated with finding gainful 

employment. 

Vocational Training means technical 

training that leads to permanent and 

gainful employment. 

We, us, or our means the Secretary of 

the Interior, or an official in the Office 

of the Assistant Secretary—Indian 

Affairs, or an official in the Bureau of 

Indian Affairs to whom the Secretary 

has delegated authority. 

§ 26.2 Who authorizes this collection of 

information? 

The information collection 

requirements contained in this part have 

been approved by the Office of 

Management and Budget under the 

Paperwork Reduction Act of 1995, 44 

U.S.C. 3507(d), and assigned OMB 

clearance number 1076–0062. Response 

is required to obtain a benefit. A Federal 

agency may not conduct or sponsor, and 

you are not required to respond to a 

collection of information unless the 

form or regulation requesting the 

information has a currently valid OMB 

Control Number. 


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41332 Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Rules and Regulations 

§ 26.3 What is the purpose of the Job 

Placement and Training Program? 

The purpose of the Job Placement and 

Training Program is to assist eligible 

applicants to obtain job skills and to 

find and retain a job leading to selfsufficiency. 

§ 26.4 Who administers the Job Placement 

and Training Program? 

The Job Placement and Training 

Program is administered by the Bureau 

of Indian Affairs or a tribal service 

provider. Tribes are encouraged to 

provide services directly to Indians by 

either entering into a Public Law 93–638 

contract with the Bureau or a compact 

with the Office of Self—Governance. 

Tribes may also consolidate Job 

Placement and Training Program funds 

in accordance with the provisions of the 

Indian Employment, Training, and 

Related Services Demonstration Act of 

1992, Public Law 102–477. 

§ 26.5 Who may be eligible for Job 

Placement and Training? 

You may apply for assistance for 

employment or training if all of the 

following criteria are met: 

(a) You meet the definition of Indian 

in § 26.1; and 

(b) You are residing on or near an 

Indian reservation or in a service area, 

or in the agreed contract service area; 

and 

(c) You are unemployed or 

underemployed or need and can benefit 

from employment assistance as 

determined by your servicing office; and 

(d) You complete an ISP. 

§ 26.6 Who is eligible to receive financial 

assistance? 

Financial assistance is only available 

to persons: 

(a) Approved for training that will 

lead to permanent, gainful and 

meaningful employment; or 

(b) Who have obtained a job and need 

financial assistance to retain the job, as 

determined by the servicing office. 

§ 26.7 How is financial need established? 

You must show that current income 

and other available resources are not 

sufficient to meet employment or 

training goals. 

§ 26.8 Where do I go to apply for Job 

Placement and Training assistance? 

You may apply for Job Placement and 

Training assistance at the servicing 

office nearest to your current residence. 

§ 26.9 How do I apply for assistance? 

(a) You should contact the BIA office 

or the tribal service provider which is 

nearest to your current residence to get 

an application form; 

(b) You must complete the application 

process as established by your servicing 

office; and 

(c) You must complete and sign a 

comprehensive ISP (or an individual 

development plan (IDP) or employment 

development plan (EDP), which are 

synonymous with an ISP). 

§ 26.10 When will I find out if I have been 

selected for Job Placement and Training 

assistance? 

(a) Your servicing office will notify 

you in writing within 30 calendar days 

once it receives a completed job training 

application request; or 

(b) Your servicing office will notify 

you within 5 business days once it has 

received a completed Job Placement 

application and written job offer. 

§ 26.11 What type of Job Placement and 

Training assistance may be approved? 

Services provided may include 

funding for employment, training or 

supplemental assistance that supports 

job placement or training activities (see 

subpart B of this part for Job Placement 

or subpart C of this part for Training 

Services). 

§ 26.12 Who provides the Job Placement 

and Training? 

The Bureau or a tribal service 

provider may enter into contracts or 

agreements to provide facilities and 

services required for vocational training 

programs with: 

(a) Indian tribal governing bodies or, 

when approved by the tribal service 

provider, other provider of meaningful 

training programs not currently 

operated by the tribe; 

(b) Appropriate Federal, State, or local 

government agencies; 

(c) Public or private schools with a 

recognized reputation in vocational 

education and successfully obtaining 

employment for graduates; 

(d) Education firms that operate 

residential training centers; and 

(e) Corporations and associations or 

small business establishments with 

apprenticeship or on-the-job training 

(OJT) programs leading to skilled 

employment. 

§ 26.13 How long may I be in training and 

how long can I receive other assistance? 

(a) Your training at any approved 

institution, apprenticeship, and/or OJT 

must not exceed 24 months of full-time 

actual training hours. 

(b) Registered nurse training must not 

exceed 36 months of full actual training 

hours. 

(c) You may receive other financial 

assistance under this program 

determined by your ISP that you have 

developed with your tribal service 

provider. 

§ 26.14 What or who is a service provider? 

A service provider is an 

administrative unit of a BIA Regional 

Office, a BIA Agency Office, a BIA Field 

Office, a Tribal contracted office, or 

Alaska Native federally recognized tribe, 

or a tribal organization, that provides 

grants to help offset the cost of 

vocational or technical training (at 

approved places), or immediate job 

placement services. To the extent 

resources will allow, other kinds of 

support service may also be available. 

§ 26.15 What makes an applicant eligible 

for Job Placement and Training services? 

You are eligible for services if: 

(a) You meet the definition of an 

American Indian or Alaska Native; and 

(b) Either: 

(1) You can demonstrate an unmet 

need and show a need for job training 

or placement services in order to 

become gainfully and meaningfully 

employed; or 

(2) You are skilled, but need financial 

assistance to get to a job, and you show 

an aptitude and potential to benefit from 

services. 

§ 26.16 If I am awarded financial 

assistance, how much will I receive? 

(a) The amount of financial assistance 

you receive depends on your unmet 

needs. If applicable, you should apply 

for: 

(1) A Pell Grant if your training 

institution offers this grant; and 

(2) Other education grants or loans for 

which you may qualify. 

(b) The Bureau or tribal service 

provider will award financial assistance 

up to the level of your unmet need to 

the extent resources are available. It is 

possible that the combination of 

available financial assistance will not 

equal your financial need. 

§ 26.17 Can more than one family member 

be financially assisted at the same time? 

Yes, more than one family member 

can be assisted, providing that each 

applicant is eligible. 

§ 26.18 What kinds of supportive services 

are available? 

The BIA or tribal service provider 

may provide, but is not limited to, the 

following supportive services: 

(a) Assistance in completing an 

application and the provision of 

supporting documents; 

(b) A description of the Job Placement 

and Training Program and related 

services; 

(c) An assessment of eligibility; 

(d) An assessment of need for 

employment services (or a combination 

of training and employment services); 


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Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Rules and Regulations 41333 

(e) The creation of an ISP (which may 

include training and other support 

services); 

(f) Counseling services that address 

cultural differences and strengthen 

probability of client success; 

(g) Referral to other appropriate 

services; 

(h) Youth work experience; 

(i) Tools for employment; 

(j) Initial union dues; 

(k) Transportation of household 

effects; 

(l) Security and safety deposits; 

(m) Items to improve personal 

appearance such as professional work 

clothing; 

(n) If required, kitchen and other 

household effects including bedding 

and appliances; and 

(o) Childcare. 

§ 26.19 Will I be required to contribute 

financially to my employment and training 

goals? 

Yes, the Job Placement and Training 

Program clients are required to seek 

other funding, including the use of 

personal resources as a condition of 

their ISP. 

§ 26.20 Can I be required to return 

portions of my grant? 

Yes, grants are awarded for a specific 

purpose as described in the applicant’s 

ISP. If the funds cannot be spent 

according to the ISP, the unused portion 

must be returned to the service 

provider’s job placement and training 

budget. 

§ 26.21 Can this program be combined 

with other similar programs for maximum 

benefit? 

Yes, combining this program with 

other programs is encouraged, to the 

extent that laws governing program 

services permit partnering with similar 

programs and resources. 

§ 26.22 May a tribe integrate Job 

Placement and Training funds into its 

Public Law 102–477 Plan? 

Yes, Indian tribes may integrate Job 

Placement and Training Program funds 

into their Public Law 102–477 Plan. 

§ 26.23 What is an Individual SelfSufficiency Plan (ISP)? 

(a) An ISP is a document that: 

(1) Spells out the details necessary for 

a person to assume a meaningful job 

(usually within a reasonable period of 

time); 

(2) Supplements the application 

process and includes needed finances, 

special clothing, transportation, and 

support services necessary for 

employment; 

(3) Identifies all financial resources 

and defines the employment or training 

objective and activities planned to reach 

the objective; and 

(4) Outlines how the applicant will 

participate in job placement, where 

resources will allow. 

(b) The employer’s job information 

and offer should be attached to the ISP, 

which becomes a part of the application 

(and supporting documents). 

(c) The ISP must indicate that the 

services received will meet the 

individual’s and tribal goals. 

(d) Only one comprehensive ISP can 

be in effect for each applicant at one 

time. The comprehensive ISP should be 

coordinated and integrated with other 

programs offered by the servicing 

agency. 

Subpart B—Job Placement Services 

§ 26.24 What is the scope of the Job 

Placement Program? 

The Job Placement Program assists 

Indian people who have job skills to 

obtain and retain gainful employment 

leading to self-sufficiency. 

§ 26.25 What constitutes a complete Job 

Placement Program application? 

To be complete, a Job Placement 

Program application must contain all of 

the items required by this section. 

(a) An application signed by the 

applicant and servicing office 

representative. 

(b) An ISP, including a list of goods 

and services needed to get the applicant 

to the job, signed by the applicant and 

servicing representative. 

(c) An accepted official document that 

shows the formal relationship between 

the applicant and a federally recognized 

tribe or a document that shows an 

applicant’s eligibility for services. 

(d) A statement by the service 

provider that the applicant has been 

declared eligible for services. 

(e) A financial statement that reflects 

the applicant’s unmet need. 

(f) An employer certification that the 

applicant has been hired. The 

certification must include, at a 

minimum: 

(1) Job title; 

(2) Beginning date; 

(3) Beginning wage; 

(4) Date first full paycheck will be 

issued; and 

(5) Expected duration of the job. 

§ 26.26 What Job Placement services may 

I receive? 

As determined by the service 

provider, you may receive 

transportation to work for a limited 

period, funds to finalize your job 

resume, and job placement assistance. 

§ 26.27 What kind of Job Placement 

support services can I expect? 

Service office representatives will 

make the determination of what support 

services are necessary and to be funded. 

Examples of job placement support 

services include, but are not limited to 

resume preparation, interview 

techniques, job retention, and related 

living skills. 

§ 26.28 What follow-up services are 

available after I become employed? 

As determined by the service 

provider, the following type of services 

may be available: Temporary housing, 

transportation to work for a limited 

period of time, work clothing, and 

childcare. 

Subpart C—Training Services 

§ 26.29 What is the scope of the Job 

Training Program? 

A service provider may offer career 

counseling, assessment, recommend 

training institutions that properly 

prepare applicants for entry into their 

career field, and help prepare applicants 

for gainful employment to the extent 

program funding will allow and based 

on applicants’ established need. 

§ 26.30 Does the Job Training Program 

provide part-time training or short-term 

training? 

Yes, part-time and short-term training 

are allowable provided the training 

assists individuals to develop skills 

necessary to acquire gainful 

employment, in accordance with the 

ISP, and depending upon availability of 

resources. Part-time means no less than 

six credit units per semester (based on 

a nine-month school year). 

§ 26.31 May I repeat my training? 

Eligibility for repeat training and 

other financial assistance will be 

determined by your tribal service 

provider. 

§ 26.32 What constitutes a complete Job 

Training Program application? 

A request for training includes: 

(a) Intake and application data; 

(b) Feasible, comprehensive ISP; 

(c) Tribal affiliation document; 

(d) Selective Service registration; 

(e) Selected place of training; 

(f) Statement of financial need; 

(g) Statement of eligibility; and 

(h) Applicant assessment or other 

documents as required by the servicing 

agency. 

§ 26.33 How do I show I need job training? 

The need for Job Placement and 

Training is shown by completing an 

application for training that 

demonstrates financial need. 


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41334 Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Rules and Regulations 

§ 26.34 What type of job training 

assistance may be approved? 

The following types of training that 

lead to gainful employment may be 

approved: 

(a) Nationally accredited vocational 

training; 

(b) Training and non-accredited 

vocational courses provided by a tribe; 

(c) Training programs not operated by 

the tribe but approved by the service 

provider; 

(d) Apprenticeship training 

supervised by a State apprenticeship 

agency or council or by the Federal 

Apprenticeship Training Service that is 

provided by a corporation or association 

that has been training bona fide 

apprentices for at least one year or any 

other apprenticeship program approved 

by the service provider; or 

(e) OJT offered by a public or private 

business. 

§ 26.35 What kind of support services are 

available to me? 

As determined by the service 

provider, training support services 

include, but are not limited to, stipends, 

transportation, and childcare. 

§ 26.36 What follow-up service is available 

after I complete training? 

Job Placement assistance may follow 

training. 

§ 26.37 Are there training standards that I 

must follow? 

Yes, students must maintain the 

minimum academic requirements and 

be in good standing as set forth by the 

training institute. If an applicant is 

separated from training for good cause, 

the applicant may be responsible for 

repaying any portion of misused funds. 

Subpart D—Appeal by an Applicant 

§ 26.38 May I appeal a decision about my 

application? 

If the servicing agency denies your 

application you may appeal under part 

2 of this chapter by sending your appeal 

to your service provider. If your 

servicing agency is a tribal contractor, 

you should file your appeal with the 

tribal contractor under their established 

procedure. The letter informing you of 

the decision on your application will 

include information on how to appeal. 

PART 27—[Removed] 

■ 2. Remove part 27. 

[FR Doc. E9–19720 Filed 8–14–09; 8:45 am] 

BILLING CODE 4310–4M–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0644] 

RIN 1625–AA00 

Safety Zones; Neptune Deep Water 

Port, Atlantic Ocean, Boston, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing two temporary safety zones 

extending 500 meters in all directions 

from each of the two submerged turretloading buoys and accompanying 

systems that are part of GDF Suez 

Energy’s Neptune Deepwater Port 

located in the Atlantic Ocean off of 

Boston, Massachusetts. The purpose of 

these temporary safety zones is to 

protect vessels and mariners from the 

potential safety hazards associated with 

construction of the deepwater port 

facilities and the large sub-surface turret 

buoys, and to protect the deepwater port 

infrastructure. All vessels, with the 

exception of deepwater port support 

vessels, are prohibited from entering 

into, remaining or moving within either 

of the safety zones. 

DATES: This rule is effective from July 

31, 2009 through February 16, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0644 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2009–0644 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 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 temporary 

rule, call or e-mail Ensign Marie 

Haywood, United States Coast Guard, 

Sector Boston, Waterways Management; 

telephone 617–223–5160, e-mail 

Michele.M.Haywood@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary 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 

notice of proposed rulemaking (NPRM) 

with respect to this rule. The deepwater 

port facilities discussed elsewhere in 

this rule are in the final stages of 

completion and present a potential 

safety hazard to vessels, especially 

fishing vessels, operating in the vicinity 

of submerged structures associated with 

the deepwater port facility. 

These safety zones are needed 

pending implementation of a final 

regulatory scheme to protect vessels 

from the hazards posed by the presence 

of the currently uncharted, submerged 

deepwater infrastructure. Final 

regulations are being developed and are 

expected to be proposed in a notice of 

proposed rulemaking in a separate 

rulemaking docket, USCG–2009–0589. 

In the mean time, immediate action is 

necessary to protect vessels currently 

operating in the area from uncharted 

submerged hazards. Further, a delay or 

cancellation of this portion of the 

construction is contrary to the public’s 

interest in the timely completion of this 

project. 

For the same reasons given above, the 

Coast Guard also finds under 5 U.S.C. 

553(d)(3) that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. 

Background and Purpose 

On March 23, 2007, the Maritime 

Administration (MARAD), in 

accordance with the Deepwater Port Act 

of 1974, as amended, issued a license to 

Suez Energy to own, construct, and 

operate a natural gas deepwater port 

named ‘‘Neptune’’. Neptune Deepwater 

Port (NEPTUNE) is located in the 

Atlantic Ocean, approximately eight 

nautical miles South-southeast of 

Gloucester, Massachusetts, in Federal 

waters. 

The Neptune Deepwater Port can 

accommodate the mooring, connecting, 

and offloading of two liquefied natural 

gas carriers (LNGCs) at one time. The 

Neptune Deepwater Port operator plans 

to offload LNGCs by regasifying the 

liquefied natural gas (LNG) on board the 

vessels. The regasified natural gas is 

then transferred through two submerged 

turret loading buoys, via a flexible riser 


erowe on DSK5CLS3C1PROD with RULES