Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Rules and Regulations 37697

current. It, therefore: (1) Is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

Regulatory Evaluation, as the

anticipated impact is so minimal. Since

this is a routine matter that will only

affect air traffic procedures and air

navigation, it is certified that this rule

will not have a significant economic

impact on a substantial number of small

entities under the criteria of the

Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows:

PART 71—DESIGNATION OF CLASS A,

CLASS B, CLASS C, CLASS D AND

CLASS E AIRSPACE AREAS;

AIRWAYS; ROUTES; AND REPORTING

POINTS

1. The authority citation for 14 CFR

part 71 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; EO 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation

Administration Order 7400.9G, Airspace

Designations and Reporting Points,

dated September 1, 1999, and effective

September 16, 1999, is amended as

follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

ASO TN E5 Dunlap, TN [New]

North Valley Medical Center

Point in Space Coordinates

(Lat. 35°23′50′′ N, long, 85°22′01′′ W)

That airspace extending upward from 700

feet above the surface within a 6-mile radius

of the point in space (lat. 35°23′50′′ N, long,

85°22′01′′ W) serving North Valley Medical

Center.

* * * * *

Issued in College Park, Georgia, on June 7,

2000.

Richard E. Biscomb,

Acting Manager, Air Traffic Division,

Southern Region.

[FR Doc. 00–15278 Filed 6–15–00; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 170

RIN 1076–AD99

Distribution of Fiscal Year 2000 Indian

Reservation Roads Funds

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Temporary rule.

SUMMARY: We are issuing a temporary

rule requiring that we distribute the

remaining fiscal year 2000 Indian

Reservation Roads funds to projects on

or near Indian reservations using the

relative need formula. This rule

includes more accurate data for the

States of Washington and Alaska in the

relative need formula distribution

process for fiscal year 2000.

DATES: This temporary rule is effective

on June 16, 2000. Section 170.4b expires

September 30, 2000.

FOR FURTHER INFORMATION CONTACT:

LeRoy Gishi, Chief, Division of

Transportation, Office of Trust

Responsibilities, Bureau of Indian

Affairs, 1849 C Street, NW, MS–4058–

MIB, Washington, DC 20240. Mr. Gishi

may also be reached at 202–208–4359

(phone), 202–208–4696 (fax), or

leroygishi@bia.gov (electronic mail).

SUPPLEMENTARY INFORMATION:

Background

Where Can I Find General Background

Information on the Indian Reservation

Roads Program, the Relative Need

Formula, and the Transportation Equity

Act for the 21st Century Negotiated

Rulemaking Process?

The background information on the

IRR program, the relative need formula,

and the Transportation Equity Act for

the 21st Century (TEA–21) Negotiated

Rulemaking process is detailed in the

first temporary rule published in the

Federal Register on February 15, 2000

(65 FR 7431). You may obtain additional

information on the Indian Reservation

Roads (IRR) program web site at

www.irr.bia.gov.

What Was the Basis for the Distribution

of the First Half of Fiscal Year 2000 IRR

Funds?

TEA–21 provided that the Secretary

develop rules and a funding formula for

fiscal year 2000 and subsequent fiscal

years to implement the Indian

Reservation Roads program section of

the Act. The Negotiated Rulemaking

Committee created under Section 1115

of TEA–21 and comprised of

representatives of tribal governments

and the Federal Government has been

diligently working to develop a funding

formula, but has not yet been able to

agree on a permanent funding formula.

Without a permanent funding formula

recommendation from the Committee,

under TEA–21 the Secretary did not

have a basis on which to distribute

fiscal year 2000 IRR funds. Therefore,

on January 26, 2000, the TEA–21

Negotiated Rulemaking Committee

agreed, based on the tribal committee

members’ consensus, to recommend to

the Secretary that fiscal year 2000 IRR

funds be distributed under the current

relative need formula. The tribal

committee members’ consensus and

recommendation to the Bureau of Indian

Affairs (BIA) stated: ‘‘We request that

the BIA resolve this problem for nonreporting states by using the price index

data from the most recent year for which

the state submitted data.’’

In addition, in order to distribute

$18.3 million under Public Law 106–96,

an extra, one-time Department of

Transportation appropriation for fiscal

year 2000 IRR program, the consensus

agreement provided that the BIA

distribute the funds to federallyrecognized Indian tribes and Alaskan

Native Villages based on a timely

receipt of applications and scopes of

work who have not completed adequate

transportation planning within the last

5 years or that have deficient IRR

bridges. The BIA published the Federal

Register Notice on March 7, 2000 (65 FR

12026), requesting proposals from

eligible tribes and Alaskan Native

Villages by April 6, 2000.

How is the FHWA Price Trends Report

Used in the Current Relative Need

Formula?

The cost to construct one mile of road

(cost-to-construct) changes from year-toyear due to fluctuations in the cost of

overall highway construction prices

(materials, techniques and demand).

The cost-to-construct fluctuates from

BIA Region-to-Region and State-to-State.

The method used within the IRR

program to track and adjust for the

fluctuations in the cost-to-construct

between BIA Regions is through the use

of price trend data. This data is found

in the FHWA report, Price Trends for

Federal-Aid Highway Construction.

This report indicates the fluctuations in

the cost of overall highway construction

prices.

The FHWA Federal-Aid Division

offices and States compile and report

construction cost data annually to the

FHWA. The reports reflect unit contract

quantities with their associated unit bid

costs for highway construction. The

37698 Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Rules and Regulations

FHWA computes an index for each State

from the bid information submitted. If

no information is provided, a zero index

is recorded.

From these unit bid costs reports,

FHWA publishes price trend reports

quarterly. The Price Trend report is

broken down into five categories and are

implemented into the relative need

formula as incidental construction,

grade and drain construction, gravel

construction, pavement construction

and bridge construction.

Because the price trend report reflects

the latest highway construction price

trends, it is used to adjust and update

existing BIA Regional cost-to-construct

amounts for incidental construction,

grade and drain construction, gravel

construction, pavement construction

and bridge construction. The adjusted

and updated cost-to-construct amounts

are then used to update the cost to

improve portion of the relative need

formula.

How Will the Secretary Distribute the

Remaining Fiscal Year 2000 IRR Funds?

Upon publication of this temporary

rule, the Secretary will distribute the

remaining fiscal year 2000 IRR funds

using the current relative need formula,

adjusting the indices from the FHWA

Price Trends Report using the latest

reported data from non-reporting states

in the relative need formula distribution

process. This includes an adjustment

that replaces the zero indices with the

most recent data reported for those

states that did not report data for the

report. In making this decision, the

Secretary considered the tribal

committee members’ consensus which

was adopted by the full TEA–21

Negotiated Rulemaking Committee on

January 26, 2000, as well as public

comments received as a result of the

Federal Register Notice of February 15,

2000. The agreement provided that the

Secretary review the FHWA Price

Trends Report and make adjustments in

the cost-to-construct factor of the

current relative need formula by using

the latest reported data from the two

states, Alaska and Washington, which

did not report in 1998. The Secretary

decided to use the 1996 and 1997 partial

indices for Alaska and the 1997 indices

for Washington. The Secretary

determined that this manner of dealing

with 1998 non-reporting states fulfills

the TEA–21 committee’s intent in its

January 26, 2000, consensus agreement.

How Does Distribution of the Remaining

Fiscal Year 2000 IRR Funds Differ From

the Partial Distribution Under the First

Temporary Rule?

The Secretary partially distributed

fiscal year 2000 IRR funds using the

current relative need formula on

February 15, 2000, in order to get

crucial funds to ongoing IRR projects. In

this second distribution, the Secretary is

distributing funds under the relative

need formula by correcting FHWA price

trend indices for the two non-reporting

states that impacts tribes in those nonreporting states. This adjustment affects

the distribution of IRR funds to each IRR

Region for the entire fiscal year 2000,

including those funds already

distributed. This adjustment is required

for fiscal year 2000 funds since any

adjustment to the FHWA price trend

indices affects each regions funding

amount because the total amount to

distribute is constant.

Why is it Necessary for the Secretary to

Publish a Second Temporary Rule for

Distribution of the Remaining Fiscal

Year 2000 IRR Funds?

Without this second temporary rule,

the Secretary has no authority to

distribute the remaining fiscal year 2000

IRR funds under TEA–21. On February

15, 2000, the Secretary issued a

temporary rule for distributing the onehalf of the fiscal year 2000 IRR funds

using the current relative need formula.

After requesting public comments in the

first temporary rule and upon review,

the Secretary has decided the

distribution method for the remaining

fiscal year 2000 IRR funds. By

publishing this second temporary rule

for the remaining fiscal year 2000

distribution of IRR funds and making it

effective upon publication, the Secretary

is ensuring distribution of all available

IRR funds in this fiscal year. Tribes

depend on continued funding during

their planned one-to-three year road and

bridge construction projects. There are

approximately 950 ongoing road and

bridge construction projects on over

25,000 road miles and 740 bridges on or

near Indian reservations that will not

continue without the remaining fiscal

year 2000 funds. This temporary rule

allows the Secretary to continue to fund

the IRR program to provide safe and

adequate bridges and road access to and

within Indian reservations and Indian

lands and communities. Furthermore,

the TEA–21 Committee and the

Secretary agreed to distribute these

funds using the relative need formula,

adjusting the FHWA Price Trends

indices, because both the tribes and the

BIA understand its use and there is no

other available funding formula.

What Public Comments Did You Receive

on the Distribution of the Remaining

Fiscal Year 2000 IRR Funds?

Over half of the commenters

supported using the current relative

need formula to distribute the remaining

fiscal year 2000 IRR funds. The

Secretary is distributing the remaining

fiscal year 2000 IRR funds based on the

current relative need formula.

Several commenters advised adjusting

the FHWA Price Trends for Federal-Aid

Highway Construction Report data to

reflect the latest indices data for 1998

non-reporting states. The Secretary

considered these comments and

considered the TEA–21 Committee

tribal members’ caucus suggestion that

the FHWA Report indices be adjusted to

account for the 1998 non-reporting

states. The Secretary determined, based

on these comments, to adjust the FHWA

Report data to account for the nonreporting states.

Several commenters opposed using

the FHWA Report data to adjust

distribution under the current relative

need formula. As stated above, the

Secretary determined that adjusting the

FHWA Report data to reflect the latest

data from non-reporting states for the

relative need formula most consistently

reflected the current and past use of the

relative need formula.

A few commenters stated that BIA

should correct the FHWA’s price trend

indices only for non-reporting states.

The Secretary corrected the indices only

for non-reporting states, as stated above.

One commenter noted that BIA

continues to use adjusted mileage in

determining the Alaska Region’s relative

need and states that this method is

improper and should be discontinued.

The current relative need formula uses

adjusted miles for all Regions in

determining the distribution based on

relative need and the Secretary

continues to use adjusted mileage in the

relative need formula in determining the

relative need for all Regions.

A few commenters asked that BIA

distribute the remaining fiscal year 2000

IRR funds as soon as possible. The

Secretary is publishing this rule to

expedite the distribution upon

publication of this rule.

One commenter suggested a special

town hall meeting for tribes to discuss

a new relative need formula. By statute,

the TEA–21 Negotiated Rulemaking

Committee was created to develop a

funding formula using relative need and

the Committee is in the process of

developing a formula.

Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Rules and Regulations 37699

Some commenters supported freezing

FHWA price trend indices at the 1999

level. By using the current data for 31

of the 33 states that reported adequate

data for 1999, the Secretary is

continuing to use the current relative

need formula so there is no need to

freeze the indices at the 1999 level.

A few commenters supported rolling

back non-reporting states’ price trend

indices to their most recent reporting

years. By using the current data for 31

of the 33 states that reported adequate

data for 1999, the Secretary is

continuing to use the current relative

need formula which uses the 1999

FHWA price trend indices. In addition,

the Secretary has determined to use the

most recent reporting years for FHWA

price trend indices for the states of

Alaska and Washington since they had

no reports for 1999.

A number of commenters were

dissatisfied with the language of the first

temporary rule because it did not

explain each of the TEA–21 Committee

tribal caucus members points in its

January 26, 2000, consensus agreement

which was the basis of the

recommendation to the Secretary to

distribute fiscal year 2000 IRR funds

under the current relative need formula.

This issue has been addressed in an

earlier part of this rule on how the first

half of fiscal year 2000 IRR funds were

distributed by describing the full

consensus agreement.

Why Does This Second Temporary Rule

Not Allow For Notice and Comment on

the Distribution of the Remaining Fiscal

Year 2000 IRR Funds, and Why Is It

Effective Immediately?

Under 5 U.S.C. 553(b)(3)(B), notice

and public procedure on this temporary

rule are impracticable, unnecessary, and

contrary to the public interest. In

addition, we have good cause for

making this rule effective immediately

under 5 U.S.C. 553(d)(3). Notice and

public procedure would be

impracticable because of the urgent

need to distribute the remaining fiscal

year 2000 IRR funds. Approximately

950 road and bridge construction

projects are at various phases that

depend on this fiscal year’s remaining

funds, including 169 deficient bridges

and the construction of approximately

400 miles of roads. The remaining fiscal

year 2000 IRR funds will be used to

design, plan, and construct

improvements (and, in some cases, to

reconstruct bridges). The construction

season (which is very short for some of

the reservations) ends in the next few

months.

Waiting for notice and comment on

this temporary rule would be contrary to

the public interest. In some of our

Regions, approximately 80 percent of

the roads in the IRR system (and the

majority of the bridges) are designated

school bus routes. Roads are essential

access to schools, jobs, and medical

services. Many of the priority tribal

roads are also emergency evacuation

routes and represent the only access to

tribal lands. Two-thirds of the road

miles in Indian country are unimproved

roads. Deficient bridges and roads are

health and safety hazards. Partially

constructed road and bridge projects

jeopardize the health and safety of the

traveling public. Further, over 200

current projects currently in progress

are directly associated with

environmental protection and

preservation of historic and cultural

properties. This second temporary rule

is going into effect immediately because

of the urgent need for distributing the

remaining fiscal year 2000 funds to

continue these construction projects

before the end of the construction

seasons in the 12 Regions.

Under this second temporary rule, we

are only distributing the remaining

fiscal year 2000 IRR funds to IRR

projects in the 12 BIA Regions. The

TEA–21 Negotiated Rulemaking

Committee is working on a permanent

funding formula which will be subject

to full public notice and comment

before we promulgate it as a final rule.

Clarity of This Temporary Rule

Executive Order 12866 requires each

agency to write regulations that are easy

to understand. We invite your

comments on how to make this

temporary rule easier to understand,

including answers to questions such as

the following: (1) Are the requirements

in the temporary rule clearly stated? (2)

Does the temporary rule contain

technical language or jargon that

interferes with its clarity? (3) Does the

format of the temporary rule (grouping

and order of sections, paragraphing,

etc.) aid or reduce its clarity? (4) Is the

description of the temporary rule in the

SUPPLEMENTARY INFORMATION section of

the preamble helpful in understanding

the temporary rule? What else could we

do to make the temporary rule easier to

understand?

Regulatory Planning and Review (E.O.

12866)

Under the criteria in Executive Order

12866, this second temporary rule is a

significant regulatory action, and the

Office of Management and Budget has

reviewed it, because it will have an

annual effect of $100 million or more on

the economy. As noted in the preamble

to the first temporary rule (65 FR 7431,

February 15, 2000), the total amount of

the fiscal year 2000 IRR funds is

approximately $200 million, $100

million of which we distributed to the

12 BIA Regions for IRR projects on

February 15, 2000. Under this second

temporary rule we will distribute the

remaining IRR funds to the 12 BIA

regions. Congress has already

appropriated these funds and FHWA

has already allocated them to BIA. The

cost to the government of distributing

the IRR funds, especially under the

relative need formula with which the

tribal governments and tribal

organizations and the BIA are already

familiar, is therefore negligible. The

distribution of the IRR funds does not

require the tribal governments and tribal

organizations to expend any of their

own funds; in fact, distribution of the

remaining fiscal year 2000 IRR funds is

a benefit. Approximately 950 road and

bridge construction projects are at

various phases that depend on this

fiscal year’s remaining funds, including

169 deficient bridges and the

construction of approximately 400 miles

of roads. Leaving these ongoing projects

unfunded in the second half of fiscal

year 2000 would create undue hardship

on tribes and tribal members. Lack of

this funding would also pose safety

threats by leaving partially constructed

road and bridge projects to jeopardize

the health and safety of the traveling

public. Thus, the benefits of this rule far

outweigh the costs.

This second temporary rule is

consistent with the policies and

practices that currently guide our

distribution of IRR funds. This second

temporary rule continues to adopt the

relative need formula that we have used

since 1993. However, based on

comments we received on the first

temporary rule and data compiled and

reviewed by the BIA Division of

Transportation, we are adjusting the

FHWA Price Trends Report indices for

the two states that do not have current

data reports. The yearly FHWA Report

is used as part of the process to

determine the cost-to-improve portion

of the relative need formula. All states

except Alaska and Washington have

updated reports through 1998. For the

indices for those two states, we have

gone back to their latest reporting years

and used those figures in the relative

need formula. By accounting for the

indices for the two non-reporting states,

we are adjusting the relative need

formula in those Regions, which adjusts

the allocation for all BIA Regions for the

distribution of the remaining fiscal year

2000 IRR funds. The adjustments in this

second distribution account for any

37700 Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Rules and Regulations

differences between the amounts that

were distributed under the first

temporary rule and this one.

This temporary rule will not create a

serious inconsistency or otherwise

interfere with an action taken or

planned by another Federal agency.

FHWA has transferred the IRR funds to

us, and the FHWA representatives on

the Committee have joined in the

consensus mentioned above.

This temporary rule does alter the

budgetary effects on some tribes, but

does not alter entitlement, grants, user

fees, or loan programs or the rights or

obligations of their recipients.

This temporary rule does not raise

novel legal or policy issues. This

temporary rule is based on the relative

need formula, in use since 1993. We are

changing the current practice of

determining relative need only by

accounting for the two states that did

not report data for the 1998 FHWA Price

Trends Report.

Regulatory Flexibility Act

A Regulatory Flexibility analysis

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.) is not required for

this second temporary rule because it

applies only to tribal governments, not

State and local governments.

Small Business Regulatory Enforcement

Fairness Act (SBREFA)

This rule is a major rule under 5

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

Regulatory Enforcement Fairness Act,

because it has an annual effect on the

economy of $100 million or more. As

noted in the preamble to the first

temporary rule (65 FR 7431, February

15, 2000), the total amount of fiscal year

2000 IRR funds is approximately $200

million, $100 million of which we

distributed to IRR projects under the

first temporary rule. Congress has

already appropriated these funds and

FHWA has already allocated them to

BIA. The cost to the government of

distributing the IRR funds, especially

under the relative need formula with

which the tribal governments, tribal

organizations, and the BIA are already

familiar, is therefore negligible. The

distribution of the IRR funds does not

require the tribal governments and tribal

organizations to expend any of their

own funds; in fact, distribution of the

IRR funds is a benefit. Approximately

950 road and bridge construction

projects are at various phases that

depend on this fiscal year’s remaining

funds, including 169 deficient bridges

and the construction of approximately

400 miles of roads. Delaying work on

many of these projects in fiscal year

2000 would create undue hardship on

tribes and tribal members, since

partially constructed road and bridge

projects would jeopardize the health

and safety of the traveling public. Thus,

the benefits of this rule far outweigh the

costs.

This rule will not cause a major

increase in costs or prices for

consumers, individual industries,

Federal, State, or local government

agencies, or geographic regions. Actions

under this rule will distribute Federal

funds to Indian tribal governments and

tribal organizations for road

improvements.

This rule does not have significant

adverse effects on competition,

employment, investment, productivity,

innovation, or the ability of U.S.-based

enterprises to compete with foreignbased enterprises. In fact, actions under

this rule will provide a beneficial effect

on employment through funding for

construction jobs.

Critical Need for This Rule

Under 5 U.S.C. 553(B), this temporary

rule may take effect immediately upon

publication in the Federal Register (as

noted above in the DATES section)

because notice and public procedure

thereon are impracticable, unnecessary,

and contrary to the public interest.

Notice and public procedure would be

impracticable because of the urgent

need to distribute the remaining fiscal

year 2000 IRR funds for ongoing

projects. Approximately 950 road and

bridge construction projects are at

various phases that depend on this

fiscal year’s remaining funds, including

169 deficient bridges and the

construction of approximately 400 miles

of roads. The fiscal year 2000 IRR funds

are used to design, plan, and construct

improvements and, in some cases, to

reconstruct bridges. They are also used

to address safety problems in almost

every ongoing project. Completion of

ongoing fiscal year 2000 projects must

take place before the construction

season (which is very short for some of

the reservations) ends in the next few

months.

Waiting for notice and comment on

this second temporary rule would be

contrary to the public interest. In some

of our Regions, approximately 80

percent of the roads in the IRR system

(and the majority of the bridges) are

designated school bus routes. Roads are

essential access to schools, jobs, and

medical services. Many of the priority

tribal roads are also emergency

evacuation routes and represent the

only access to tribal lands. Two-thirds

of the road miles in Indian country are

unimproved roads. Defective bridges

and roads are health and safety hazards.

Partially constructed road and bridge

projects jeopardize the health and safety

of the traveling public. Further, over 200

current projects (for which funding

would be jeopardized by waiting) are

directly associated with environmental

protection and preservation of historic

and cultural properties.

Unfunded Mandates Reform Act

Under the Unfunded Mandates

Reform Act (2 U.S.C. 1531 et seq.), the

temporary rule will not significantly or

uniquely affect small governments, or

the private sector. A Small Government

Agency Plan is not required.

This temporary rule will not produce

a federal mandate that may result in an

expenditure by State, local, or tribal

governments of $100 million or greater

in any year. Rather, the overall effect of

this temporary rule is to provide money

to tribal governments for ongoing IRR

construction projects.

Takings (E.O. 12630)

With respect to Executive Order

12630, the temporary rule does not have

significant takings implications since it

involves no transfer of title to any

property. A takings implication

assessment is not required.

Federalism (E.O. 13132)

With respect to Executive Order

13132, the temporary rule does not have

significant Federalism implications to

warrant the preparation of a Federalism

Assessment. This temporary rule should

not affect the relationship between State

and Federal governments because this

temporary rule concerns administration

of a fund dedicated to IRR projects on

or near Indian reservations that has no

effect on Federal funding of state roads.

Therefore, the rule has no Federalism

effects within the meaning of E.O.

13132.

Civil Justice Reform (E.O. 12988)

This temporary rule does not unduly

burden the judicial system and meets

the requirements of sections 3(a) and

3(b)(2) of Executive Order 12988. This

temporary rule contains no drafting

errors or ambiguity and is written to

minimize litigation, provides clear

standards, simplifies procedures,

reduces burden, and is clearly written.

This temporary rule does not preempt

any statute. We are still pursuing the

TEA–21 mandated negotiated

rulemaking process. The temporary rule

is not retroactive with respect to any

funding from any previous fiscal year

(or prospective to funding from any

future fiscal year), but applies only to

pending fiscal year 2000 funding.

Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Rules and Regulations 37701

Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because this temporary rule

does not impose recordkeeping or

information collection requirements or

the collection of information from

offerors, contractors, or members of the

public that require the approval of the

Office of Management and Budget under

44 U.S.C. 501 et seq. We already have

all of the necessary information to

implement this rule.

National Environmental Policy Act

This temporary rule is categorically

excluded from the preparation of an

environmental assessment or an

environmental impact statement under

the National Environmental Policy Act

of 1969, 42 U.S.C. 4321 et seq., because

its environmental effects are too broad,

speculative, or conjectural to lend

themselves to meaningful analysis and

the road projects funded as a result of

this temporary rule will be subject later

to the National Environmental Policy

Act process, either collectively or caseby-case. Further, no extraordinary

circumstances exist to require

preparation of an environmental

assessment or environmental impact

statement.

Government-to-Government

Relationship With Tribes

In accordance with the President’s

memorandum of May 14, 1998,

‘‘Consultation and Coordination with

Indian Tribal Governments’’ (63 FR

27655) and 512 DM 2, we have

evaluated any potential effects upon

federally-recognized Indian tribes and

have determined that this temporary

rule preserves the integrity and

consistency of the relative need formula

process we have used since 1993.

However, based on comments we

received on the first temporary rule and

data compiled and reviewed by the BIA

Division of Transportation, we are

adjusting the FHWA Price Trends

Report data for two states which do not

have current data reports. The yearly

FHWA Report is used as part of the

process to determine the cost-toimprove portion of the relative need

formula. All states except Alaska and

Washington have updated reports

through 1998. For the indices for those

two states, we have gone back to their

latest reporting years and used those

figures in the cost-to-improve portion of

the relative need formula. By accounting

for the two indices for the two nonreporting states, we are adjusting the

relative need formula in those regions

which adjusts the allocation for all

regions for the remaining distribution of

fiscal year 2000 IRR funds. The

adjustments in this distribution account

for any differences between the amounts

distributed under the first temporary

rule and this one. Consultation with

tribal governments and tribal

organizations is ongoing as part of the

TEA–21 negotiated rulemaking process.

List of Subjects in 25 CFR Part 170

Indians—Highways and roads.

For the reasons set out in the

preamble, we are temporarily amending

part 170 in chapter I of title 25 of the

Code of Federal Regulations as follows.

PART 170—ROADS OF THE BUREAU

OF INDIAN AFFAIRS

1. The authority citation for part 170

continues to read as follows:

AUTHORITY: 36 Stat. 861; 78 Stat. 241, 253,

257; 45 Stat. 750 (25 U.S.C. 47; 42 U.S.C.

2000e(b), 2000e–2(i); 23 U.S.C. 101(a), 208,

308), unless otherwise noted.

2. Revise § 170.4b to read as follows:

§ 170.4b What formula will you use to

distribute the remaining fiscal year 2000

Indian Reservation Roads funds?

From June 16, 2000 through

September 30, 2000, the Secretary will

distribute the remaining fiscal year 2000

IRR funds authorized under Section

1115 of the Transportation Equity Act

for the 21st Century, Public Law 105–

178, in accordance with this section.

(a) The Secretary will distribute funds

to Indian Reservation Roads and Bridges

projects on or near Indian reservations

under the relative need formula

established and approved in January

1993.

(b) The Secretary will adjust the

relative need formula to account for

non-reporting states by inserting the

latest data reported for those states for

use in the relative need formula process

(23 U.S.C. 202(d)).

Dated: June 9, 2000.

Kevin Gover,

Assistant Secretary—Indian Affairs.

[FR Doc. 00–15151 Filed 6–15–00; 8:45 am]

BILLING CODE 4310–02–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[TD 8888]

RIN 1545–AU96

Real Estate Mortgage Investment

Conduits; Reporting Requirements and

Other Administrative Matters

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Final regulations.

SUMMARY: This document eliminates the

regulatory requirement that the issuer of

a collateralized debt obligation (CDO) or

regular interest in a real estate mortgage

investment conduit (REMIC) set forth

certain information on the face of the

CDO or regular interest. This action

eliminates a reporting burden imposed

on issuers of CDOs and regular interests.

EFFECTIVE DATE: These regulations are

effective June 16, 2000.

FOR FURTHER INFORMATION CONTACT:

Kenneth Christman, (202) 622–3950 (not

toll-free numbers).

SUPPLEMENTARY INFORMATION:

Background

On May 19, 1999, the IRS published

in the Federal Register a notice of

proposed rulemaking [REG–100905–

97(64 FR 27221)] intending to eliminate

the regulatory requirement that certain

information be set forth on the face of

a certificate representing a CDO or

REMIC regular interest.

The public hearing scheduled for

September 13, 1999, was canceled

because no one requested to speak, and

the only written comment received

supports finalizing the regulations in

the form proposed. This Treasury

decision, therefore, adopts the proposed

regulations with no change.

Special Analyses

It has been determined that this

Treasury decision is not a significant

regulatory action as defined in

Executive Order 12866. Therefore, a

regulatory assessment is not required. It

has also been determined that section

553(b) of the Administrative Procedure

Act (5 U.S.C. chapter 5) does not apply

to these regulations, and, because the

regulations do not impose a collection

of information on small entities, the

Regulatory Flexibility Act (5 U.S.C.

chapter 6) does not apply. Pursuant to

section 7805(f) of the Internal Revenue

Code, the notice of proposed rulemaking

preceding these regulations was

submitted to the Chief Counsel for