44080 Federal Register / Vol. 62, No. 160 / Tuesday, August 19, 1997 / Rules and Regulations

1996, and effective September 16, 1996,

which is incorporated by reference in 14

CFR 71.1. The airways listed in this

document will be published

subsequently in the Order.

The Rule

This amendment to part 71 of the

Federal Aviation Regulations (14 CFR

part 71) realigns four Federal airways

located in the Helena, AR, area.

Currently, three airways intersect at a

noncompulsory reporting point named

‘‘Walet,’’ which is located within the 30

nautical mile (NM) radius of the

Memphis Class B airspace area. A fourth

airway, V–16, passes 10 NM south of

‘‘Walet’’ intersection. As such, all

aircraft transiting this area between

5,000 and 10,000 feet mean sea level

(MSL) must fly through the Memphis

Class B airspace area. By realigning

these airways to directly overfly the

Marvell VOR/DME (approximately 17

NM southwest of ‘‘Walet’’), the

intersection of the airways will no

longer conflict with the Class B airspace

area at Memphis. Additionally,

Memphis International Airport plans to

use Marvell VOR/DME as a feeder fix

into the airport. Having these four

airways intersect at Marvell will

enhance aircraft routing and handling.

As a result, this action will aid flight

planning, reduce en route and terminal

delays, and enhance the management of

air traffic operations in the Memphis

Class B airspace area.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

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, when

promulgated, 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

proposes to amend 14 CFR part 71 as

follows:

PART 71—[AMENDED]

1. The authority citation for part 71

continues to read as follows:

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

40120; E.O. 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 the Federal Aviation

Administration Order 7400.9D, Airspace

Designations and Reporting Points,

dated September 4, 1996, and effective

September 16, 1996, is amended as

follows:

Paragraph 6010(a)—Domestic VOR Federal

Airways

* * * * *

V–9 [Revised]

From Leeville, LA; McComb, MS; Jackson,

MS; Sidon, MS; Marvell, AR; Gilmore, AR;

Malden, MO; Farmington, MO; St. Louis,

MO; Capital, IL; Pontiac, IL; INT Pontiac 343°

and Rockford, IL, 169° radials; Rockford;

Janesville, WI; Madison, WI; Oshkosh, WI;

Green Bay, WI; Iron Mountain, MI; to

Houghton, MI.

V–16 [Revised]

From Los Angeles, CA; Paradise, CA; Palm

Springs, CA; Blythe, CA; Buckeye, AZ;

Phoenix, AZ; INT Phoenix 155° and

Stanfield, AZ, 105° radials; Tucson, AZ;

Cochise, AZ; Columbus, NM; El Paso, TX;

Salt Flat, TX; Wink, TX; Wink 066° and Big

Spring, TX, 260° radials; Big Spring; Abilene,

TX; Millsap, TX; Glen Rose, TX; Cedar Creek,

TX; Quitman, TX; Texarkana, AR; Pine Bluff,

AR; Marvell, AR; Holly Springs, MS; Jacks

Creek, TN; Shelbyville, TN; Hinch Mountain,

TN; Volunteer, TN; Holston Mountain, TN;

Pulaski, VA; Roanoke, VA; Lynchburg, VA;

Flat Rock, VA; Richmond, VA; INT

Richmond 039° and Patuxent, MD, 228°

radials; Patuxent; Smyrna, DE; Cedar Lake,

NJ; Coyle, NJ; INT Coyle 036° and Kennedy,

NY, 209° radials; Kennedy; Deer Park, NY;

Calverton, NY; Norwich, CT; Boston, MA.

The airspace within Mexico and the airspace

below 2,000 feet MSL outside the United

States is excluded. The airspace within

Restricted Areas R–5002A, R–5002C, and R–

5002D is excluded during their times of use.

The airspace within Restricted Areas R–4005

and R–4006 is excluded.

* * * * *

V–54 [Revised]

From Waco, TX; Cedar Creek, TX;

Quitman, TX; Texarkana, AR; INT Texarkana

052° and Little Rock, AR, 235° radials; Little

Rock; Marvell, AR; Holly Springs, MS;

Muscle Shoals, AL; Rocket, AL; Choo Choo,

GA; Harris, GA; Spartanburg, SC; Charlotte,

NC; Sandhills, NC; INT Sandhills 146° and

Fayetteville, NC, 267° radials; Fayetteville; to

Kinston, NC.

* * * * *

V–397 [Revised]

From Monroe, LA, via INT Monroe 056°

and Greenville, MS, 207° radials; Greenville;

to Marvell, AR.

* * * * *

Issued in Washington, DC, on August 11,

1997.

Reginald C. Matthews,

Acting Program Director for Air Traffic

Airspace Management.

[FR Doc. 97–21861 Filed 8–18–97; 8:45 am]

BILLING CODE 4910–13–P–M

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 46

Adult Education Program

RIN 1076–AA15

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Final rule.

SUMMARY: The Bureau of Indian Affairs

(BIA) is publishing regulations to

establish procedures for the operation of

BIA’s Adult Education Program.

The final rule establishes

administrative procedures which will

provide reporting uniformity and

compliance with legislative

management policies.

EFFECTIVE DATE: September 18, 1997.

FOR FURTHER INFORMATION CONTACT: Mr.

Garry R. Martin, Bureau of Indian

Affairs, Office of Indian Education

Programs, Branch of Post-Secondary

Education, 1849 C Street, NW, MS–

3512–MIB, Washington, D.C. 20240,

Phone (202) 208–3478.

SUPPLEMENTARY INFORMATION: On

December 30, 1987, the BIA published

proposed Adult Education Program

rules in the Federal Register. In view of

the considerable passage of time since

that publication, the rule was

reproposed and reprinted in the Federal

Register on August 25, 1994.

In accordance with the 1987

publication, the BIA in January, 1991

conducted consultation meetings with

tribes, parents, school boards, and other

interested parties concerning the Adult

Education Program regulations. Oral

testimony and written statements were

received in the Office of Indian

Education Programs until February 26,

1991. All comments, objections, and

suggested changes received in response

to the 1987 Federal Register publication

and the 1991 consultation meetings

were considered in reproposing the rule.

All BIA Area Offices, tribal leaders, and

tribal offices were notified regarding the

August 25, 1994, publication of the
Federal Register / Vol. 62, No. 160 / Tuesday, August 19, 1997 / Rules and Regulations 44081

proposed rule in the Federal Register

and dates of the open comment period.

Announcement of the publication of the

proposed rule and closing date for the

comment period was also made at a

national State/Tribal Adult Education

Symposium which was held in St. Paul,

Minnesota, on October 12–14, 1994.

Two public memoranda were received

within the time frame of the open

comment period. One memorandum

which followed the format of a press

release addressed primary information

informing a general tribal constituency

of the publication of the proposed rule

in the Federal Register on August 25,

1994; provided the amount of the FY

1994 BIA appropriation for adult

education; and provided the deadline

date for receipt of public comments

(November 23, 1994). A second

memorandum addressed an eligible

activity, in § 46.10(b) of this Part which

reads: ‘‘Funds should not be used to

support programs designed solely to

prepare Indian adults to enter a specific

occupation or cluster of closely related

occupations.’’ Concern focused on the

purpose of this activity not being clear.

This Part is directed toward defining

adult education as adult basic education

and literacy education without focusing

on educational areas which require a

long-term emphasis. Adult education

should not be regarded as continuing

education to achieve more

specialization to remain current in an

educational subject/field or any other

kind of specialized education that is

normally received through formal postsecondary education. In addition,

numerous phone calls were received

regarding BIA’s funding levels for adult

education. Many callers wanted to know

if the BIA was announcing new funding

resources or if additional monies had

been appropriated for the BIA’s Adult

Education Program. BIA told these

callers that the proposed rule did not

reflect new or additional funds.

The eligibility definition of Indian

students participating in BIA

elementary/secondary programs is

contained within 25 U.S.C. Section

2008(f)(1). In this section ‘‘eligible

Indian student’’ means a student who is

a member of or is at least a 1⁄4 degree

Indian blood descendant of a member of

an Indian tribe which is eligible for the

special programs and services provided

by the United States through the Bureau

of Indian Affairs to Indians because of

their status as Indians. In this rule, the

BIA has decided to use that same

definition for purposes of defining

eligibility for adult education. The

controlling factors in determining to use

this definition were continuity and

consistency for all of the Bureau

educational services.

The definition of ‘‘Adult’’ has been

expanded to negate any duplication of

services to participants who may meet

the definition of ‘‘adult’’ but may fall

within an age category that could

receive services as a secondary school

student and be eligible also to receive

services through an adult education

program.

The definition of Adult Education

Office has been expanded to identify

Tribal Priority Allocation (TPA). TPA is

the system by which the tribes prioritize

their Adult Education Program funding,

from the BIA.

Information collection requirements

contained in this Part have been

approved by the Office of Management

and Budget under 44 U.S.C. 3501 et seq.

and assigned clearance number 1076–

0120.

This rule is a significant rule under

Executive Order 12866 and has been

reviewed by the Office of Management

and Budget.

The Department of the Interior has

determined that this final rule does not

constitute a major federal action

significantly affecting the quality of the

human environment and no detailed

statement was required pursuant to the

National Environmental Policy Act of

1969. This rule has been reviewed

under Executive Order 12866.

This 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.). These regulations will affect

only the delivery of adult education

services to eligible individual Indian

adults. They will not have an impact on

small entities as defined in the Act.

The Department has certified to the

Office of Management and Budget that

these proposed regulations meet the

applicable standards provided in

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

Order 12988.

In accordance with Executive Order

12630, the Department has determined

that this rule does not have significant

takings implications.

The Department has determined that

this rule does not have significant

federalism effects.

The primary author of this document

is Garry R. Martin, Branch of PostSecondary Education, Office of Indian

Education Programs, Bureau of Indian

Affairs, Washington, D.C.

List of Subjects in 25 CFR Part 46

Adult education, Education,

Indians—education.

For the reasons set out in the

preamble, a new part 46 is added to

subchapter E of chapter I, title 25 of the

Code of Federal Regulations as set forth

below.

PART 46—ADULT EDUCATION

PROGRAM

Subpart A—General Provisions

Sec.

46.1 Purpose and scope.

46.2 Definitions.

46.3 Information collection.

46.10 Eligible activities.

46.20 Program requirements.

46.30 Records and reporting requirements.

Subpart B—[Reserved]

Authority: 43 U.S.C. 1457; 25 U.S.C. 2, 9,

13.

Subpart A—General Provisions

§ 46.1 Purpose and scope.

The purpose of the Adult Education

Program is to:

(a) Improve educational opportunities

for Indian adults who lack the level of

literacy skills necessary for effective

citizenship and productive

employment;

(b) Expand and improve existing

programs for delivering adult education

services, including delivery of these

services to educationally disadvantaged

Indian adults; and

(c) Encourage the establishment of

adult education programs that will:

(1) Enable Indian adults to acquire

adult basic educational skills necessary

for literate functioning;

(2) Provide Indian adults with

sufficient basic education to enable

them to benefit from job training and

retraining programs and to obtain and

retain productive employment so that

they might more fully enjoy the benefits

and responsibilities of citizenship; and

(3) Enable Indian adults, who so

desire, to continue their education to at

least the level of completion of adult

secondary education.

§ 46.2 Definitions.

As used in this part:

Adult means an individual who has

attained the age of sixteen or is beyond

the age of compulsory school attendance

under State or tribal law and not

currently enrolled in a formal secondary

or post-secondary educational program.

Adult Basic Education (ABE) means

instruction designed for an adult who:

(1) Has minimal competence in

reading, writing, and computation;

(2) Cannot speak, read, or write the

English language sufficiently to allow

employment commensurate with the

adult’s real ability;

(3) Is not sufficiently competent to

meet the educational requirements of an

adult consumer; or
44082 Federal Register / Vol. 62, No. 160 / Tuesday, August 19, 1997 / Rules and Regulations

(4) In grade level measurements that

would be designated as grades 0 through

8.

Adult Education means services or

instruction below the college level for

adults who:

(1) Lack sufficient mastery of basic

educational skills to enable them to

function effectively in society, or

(2) Do not have a certificate of

graduation from a school providing

secondary education and have not

achieved a GED.

Adult Education Office means the BIA

or tribal office administering funds

appropriated to the BIA, under the TPA,

for Adult Education programs.

Adult Secondary Education means

instruction designed for an adult who:

(1) Is literate and can function in

everyday life, but is not proficient as a

competitive consumer or employee; or

(2) Does not have a certificate of

graduation (or its equivalent) from a

school providing secondary education

and in grade level measurements that

would be designated as grades 9 through

12.

Assistant Secretary means the

Assistant Secretary—Indian Affairs,

Department of the Interior, or his/her

designee.

Bureau means the Bureau of Indian

Affairs.

Department of Education (ED) means

the U.S. Department of Education.

Director means the Director, Office of

Indian Education Programs, Bureau of

Indian Affairs.

Indian means a person who is a

member of, or is at least a one-fourth

degree Indian blood descendent of a

member of, an Indian tribe, and is

eligible for the special programs and

services provided by the United States

through the Bureau of Indian Affairs to

Indians because of their status as

Indians;

Indian tribe means any Indian tribe,

band, nation, rancheria, pueblo, colony

or community, including any Alaska

native village or regional or village

corporation as defined in, or established

pursuant to, the Alaska Native Claims

Settlement Act (85 Stat. 668) that is

Federally recognized by the United

States Government through the

Secretary of the Interior for the special

programs and services provided by the

Secretary to Indians because of their

status as Indians.

Tribal Priority Allocation (TPA)

means the BIA’s budget formulation

process that allows direct tribal

government involvement in the setting

of relative priorities for local operating

programs.

Secretary means the Secretary of the

Department of the Interior.

Service area means the geographic

area served by the local Adult Education

Program.

§ 46.3 Information collection.

Information collection requirements

contained in this part have been

approved by the Office of Management

and Budget under 44 U.S.C. 3501 et seq.

and assigned clearance number 1076–

0120. This information is being

collected to determine eligibility of

Indian applicants and will be used to

prioritize programs. Response to this

request is viewed as voluntary. Public

reporting burden for this form is

estimated to average 3 hours per

response, including the time for

reviewing instructions, gathering,

maintaining data, completing and

reviewing the form. Direct comments

regarding the burden estimate or any

other aspect of this form may be

directed to the BIA Information

Collection Clearance Officer, Division of

Management Support, 1849 C Street

NW., Washington, DC 20245; and the

Office of Management and Budget,

Paperwork Reduction Project (OMB

#1076–0120), Washington, DC 20503.

§ 46.10 Eligible activities.

(a) Subject to availability of funds,

funds appropriated for the BIA’s Adult

Education Program may be used to

support local projects or programs

designed to:

(1) Enable Indian adults to acquire

basic educational skills, including

literacy;

(2) Enable Indian adults to continue

their education through the secondary

school level;

(3) Establish career education projects

intended to improve employment

opportunities;

(4) Provide educational services or

instruction for elderly, disabled, or

incarcerated Indian adults;

(5) Prepare individuals to benefit from

occupational training; and

(6) Teach employment-related skills.

(b) Funds should not be used to

support programs designed solely to

prepare Indian adults to enter a specific

occupation or cluster of closely related

occupations.

(c) The Adult Education Program

must be implemented in accordance

with a plan established by the tribe(s)

affected by the program. The tribe(s)

may determine to set standards in

addition to those established in this

part.

§ 46.20 Program requirements.

(a) The Adult Education Office will

implement the program or project that is

designed to address the needs of the

Indian adults in the service area. To

determine the needs of Indian adults in

the area, the Adult Education Office

must consider:

(1) Elementary/secondary school

dropout or absentee rates;

(2) Average grade level completed;

(3) Unemployment rates; and

(4) Other appropriate measures.

(b) The Adult Education Office, to

ensure efforts that no duplication of

services exists, will identify other

services in the area, including those

offered by Federal, State and Tribal

entities, that are designed to meet the

same needs as those to be addressed by

the project, and the number of Indian

adults who receive those services.

(c) The Adult Education Office must

establish and maintain an evaluation

plan.

(1) The plan must be designed to

measure the project’s effectiveness in

meeting each objective and the impact

of the project on the adults involved;

and

(2) The plan must provide procedures

for periodic assessment of the progress

of the project and, if necessary,

modification of the project as a result of

that assessment.

(d) Subject to the availability of funds,

the project is to be supported under the

funding level established for Adult

Education in the formulation of the

budget under the TPA process.

§ 46.30 Records and reporting

requirements.

(a) The Adult Education Office will

annually submit a report on the

previous project year’s activities to the

Director, Office of Indian Education

Programs. The report must include the

following information:

(1) The type of eligible activity, under

§ 46.10, conducted under the project(s);

(2) The number of participants

acquiring the GED, high school diploma,

and other certificates of performance;

and

(3) A narrative summary of the

activities conducted under the project.

(b) Each Adult Education Office must:

(1) Submit any records and

information that the Director requires in

connection with the administration of

the program; and

(2) Comply with any requirements

that the Director may impose to ensure

the accuracy of the reports required by

this part.

Subpart B—[Reserved]

Dated: August 7, 1997.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 97–21868 Filed 8–18–97; 8:45 am]

BILLING CODE 4310–02–P