Federal Register / Vol. 78, No. 71 / Friday, April 12, 2013 / Proposed Rules 21861 

the APA or any other law to publish a 

general notice of proposed rulemaking. 

Additionally, this action is not a 

significant regulatory action as defined 

by Executive Order 12866 ‘‘Regulatory 

Planning and Review’’, section 3(f), and, 

accordingly, this action has not been 

reviewed by the Office of Management 

and Budget. 

This action will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132 

‘‘Federalism’’ it is determined that this 

action does not have sufficient 

federalism implications to warrant the 

preparation of a Federalism Assessment. 

List of Subjects in 21 CFR Part 1308 

Administrative practice and 

procedure, Drug traffic control, 

Reporting and recordkeeping 

requirements. 

Under the authority vested in the 

Attorney General by section 201(h) of 

the CSA (21 U.S.C. 811(h)), and 

delegated to the Deputy Administrator 

of the DEA by Department of Justice 

regulations (28 CFR 0.100, Appendix to 

Subpart R), the Deputy Administrator 

hereby intends to order that 21 CFR Part 

1308 be amended as follows: 

PART 1308—SCHEDULES OF 

CONTROLLED SUBSTANCES 

■ 1. The authority citation for Part 1308 

continues to read as follows: 

Authority: 21 U.S.C. 811, 812, 871(b), 

unless otherwise noted. 

■ 2. Section 1308.11 is amended by 

adding new paragraphs (h)(9), (10), and 

(11) to read as follows: 

§ 1308.11 Schedule I. 

* * * * * 

(h) * * * 

(9) 1-pentyl-1H-indol-3-yl)(2,2,3,3- 

tetramethylcyclopropyl)methanone, its 

optical, positional, and geometric 

isomers, salts and salts of isomers— 

7144 (Other names: UR-144, 1-pentyl-3- 

(2,2,3,3-tetramethylcyclopropoyl)indole) 

(10) 1-(5-fluoro-pentyl)-1H-indol-3- 

yl](2,2,3,3- 

tetramethylcyclopropyl)methanone, its 

optical, positional, and geometric 

isomers, salts and salts of isomers— 

7011 (Other names: 5-fluoro-UR-144, 5- 

F-UR-144, XLR11, 1-(5-fluoro-pentyl)-3- 

(2,2,3,3-tetramethylcyclopropoyl)indole) 

(11) N-(1-adamantyl)-1-pentyl-1Hindazole-3-carboxamide, its optical, 

positional, and geometric isomers, salts 

and salts of isomers—7048 (Other 

names: APINACA, AKB48) 

Dated: April 5, 2013. 

Thomas M. Harrigan, 

Deputy Administrator. 

[FR Doc. 2013–08671 Filed 4–11–13; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR Part 170 

[BY–/AM65P0002.99900/] 

Tribal Consultation on the Draft 

Regulations Governing the Tribal 

Transportation Program 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of Tribal Consultations 

and Informational Meetings. 

SUMMARY: The Bureau of Indian Affairs 

is announcing tribal consultations to 

discuss draft revisions of the regulations 

governing the Tribal Transportation 

Program. The consultations will also 

cover requirements for proposed roads 

and access roads to be included in the 

National Tribal Transportation Facility 

Inventory and will include an update 

regarding the ongoing quality assurance 

review of the facility inventory. 

DATES: Comments on the draft rule are 

due by June 14, 2013. The consultation 

sessions will be held on the following 

dates, at the following locations: 

Meeting date Location Time 

May 14, 2013 .................................................. Anchorage, AK ........................................................................................... 9 a.m.–4:30 p.m. 

May 16, 2013 .................................................. Phoenix, AZ ............................................................................................... 9 a.m.–4:30 p.m. 

May 21, 2013 .................................................. Minneapolis, MN ........................................................................................ 9 a.m.–4:30 p.m. 

ADDRESSES: 

• Send comments to: LeRoy M. Gishi, 

Chief, Division of Transportation, 

Bureau of Indian Affairs, 1849 C Street, 

NW., MS–4513, Washington, DC 20240, 

telephone (202) 513–7711, email: 

leroy.gishi@bia.gov; or Robert W. 

Sparrow, Jr., Director, Tribal 

Transportation Program, Federal 

Highway Administration, 1200 New 

Jersey Ave, SE., Room E61–311, 

Washington, DC 20159, telephone (202) 

366–9483, email: 

robert.sparrow@dot.gov. 

• Addresses of the venues at which 

each meeting will be held, a copy of the 

draft regulation, and background 

information are posted at the following 

Web site (the address is case-sensitive, 

please use capitals where indicated): 

http://www.bia.gov/WhoWeAre/BIA/ 

OIS/Transportation. 

FOR FURTHER INFORMATION CONTACT: 

LeRoy M. Gishi, telephone (202) 513– 

7711; email: leroy.gishi@bia.gov; or 

Robert W. Sparrow, Jr., telephone (202) 

366–9483; email: 

robert.sparrow@dot.gov. 

SUPPLEMENTARY INFORMATION: Federally 

recognized tribes are invited to attend 

one or more of the consultation and 

informational sessions regarding the 

following topics: 

• On July 6, 2012, Moving Ahead for 

Progress in the 21st Century Act (MAP– 

21), Public Law 112–141, a two-year 

reauthorization of the transportation act, 

was signed into law by President Obama 

and became effective on October 1, 

2012. 

• Section 1119 of MAP–21 struck the 

existing laws governing the Indian 

Reservation Roads Program from 23 

U.S.C. 201–204, and renumbered many 

of those sections under 23 U.S.C. 201 

and 202 and changed the name from 

‘‘Indian Reservation Roads Program’’ to 

‘‘Tribal Transportation Program (TTP).’’ 

MAP–21 also changed the name of the 

‘‘Indian Reservation Roads Inventory’’ 

to the ‘‘National Tribal Transportation 

Program Facility Inventory (NTTFI).’’ 

See 23 U.S.C. 202(b)(1). Section 1103 of 

MAP–21 amended the name of an 

‘‘Indian Reservation Road’’ to a ‘‘Tribal 

Transportation Facility.’’ 

• Section 1119 of MAP–21 created a 

new formula for distribution of TTP 

funds among tribes, which had the 

effect of overriding the existing Relative 

Need Distribution Formula (RNDF) that 

was published in 2004 at 25 CFR part 

170, Subpart C. See 23 U.S.C. 202(b)(3). 

Although the RNDF is no longer 

applicable under the new TTP formula, 

certain historical aspects of the former 

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21862 Federal Register / Vol. 78, No. 71 / Friday, April 12, 2013 / Proposed Rules 

RNDF continue to be relevant in the 

new TTP formula. 

• Section 1119 of MAP–21 also made 

other miscellaneous changes to the 

remainder of the laws governing the 

TTP that require BIA to make changes 

to 25 CFR part 170. 

• The current 25 CFR part 170 was 

published in 2004 (69 Federal Register 

43090, July 19, 2004). Congress later 

enacted the Safe, Accountable, Flexible 

and Efficient Transportation Equity 

Act—A Legacy for Users (SAFETEA– 

LU), Public Law 100–59 (August 10, 

2005). Certain provisions of 25 CFR part 

170 were amended as a result of the 

enactment of SAFETEA–LU but the 

regulation was not revised at that time. 

MAP–21 effectively amends or renders 

obsolete parts of 25 CFR part 170 so the 

BIA must revise the regulation to bring 

it into compliance with MAP–21. 

• There have been significant changes 

in the way the TTP is delivered to tribes 

since 25 CFR part 170 was published in 

2004 and the Bureau of Indian Affairs 

(BIA) needs to update the regulations to 

reflect certain aspects of the changes. 

• Tribes, BIA, and FHWA have 

identified the lack of requirements for 

proposed and access roads to be added 

to or remain in the NTTFI as an area of 

concern in the current regulation for 

many years. Proposed roads are 

currently defined by 25 CFR 170.5 as ‘‘a 

road which does not currently exist and 

needs to be constructed.’’ A primary 

access route is the shortest practicable 

route connecting two points, including 

roads between villages, roads to 

landfills, roads to drinking water 

sources, roads to natural resources 

identified for economic development, 

and roads that provide access to 

intermodal termini, such as airports, 

harbors, or boat landings. See 23 U.S.C. 

202(b)(1). During 2012, BIA and FHWA 

conducted thirteen tribal consultation 

meetings throughout the country on a 

joint BIA and FHWA recommendation 

for changing how Proposed Roads and 

Access Roads would contribute to the 

RNDF for Indian Reservation Roads 

Program funds. See 25 CFR part 170, 

Subpart C. Although MAP–21 replaces 

the RNDF as discussed above, BIA 

needs to codify the requirements that 

Proposed Roads or Access Roads must 

meet in order to be added to or remain 

in the NTTFI. 

• Apart from the consultations, BIA 

and FHWA will provide an update 

regarding the ongoing NTTFI quality 

assurance review. After consulting with 

tribes in 2010, BIA and FHWA began 

the process of implementing a 

comprehensive quality assurance review 

of the NTTFI to be compatible with the 

Federal-aid highways functional 

classification system. During the review, 

it was determined that some 

transportation facilities in the NTTFI 

were missing data, incorrectly classified 

data, and contained other technical 

errors. The update will discuss the 

status and results to date of the quality 

assurance review, as well as seek 

additional input regarding ways to 

continue improving the accuracy of the 

NTTFI. 

BIA plans to schedule further 

consultations at different or additional 

locations after a Notice of Proposed 

Rulemaking is published in the Federal 

Register. 

MEETING AGENDA FOR MAY 14, 16, AND 21, 2013 (ALL TIMES LOCAL) 

Time Topic 

9 a.m.–9:15 a.m. ................................................................ Welcome and Introductions. 

9:15 a.m.–9:30 a.m. ........................................................... Brief history of 25 CFR part 170 and process for updating the regulation. 

9:30 a.m.–10 a.m. .............................................................. MAP–21 and its impacts on 25 CFR part 170. 

10 a.m.–10:15 a.m. ............................................................ Break. 

10:15 a.m.–11:45 a.m. ....................................................... Discussion of updates to 25 CFR part 170. 

11:45 a.m.–1 p.m. .............................................................. Break. 

1 p.m.–3 p.m. ..................................................................... Continue discussion of updates to 25 CFR part 170. 

3:15 p.m.–4 p.m. ................................................................ Update regarding National Tribal Transportation Facilities Inventory (NTTFI) quality 

assurance review. 

4 p.m.–4:30 p.m. ................................................................ Closing Comments. 

4:30 p.m. ............................................................................ Adjourn. 

Dated: April 9, 2013. 

Kevin Washburn, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2013–08665 Filed 4–11–13; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 0 

[Docket No. USMS 110; AG Order No. 3381– 

2013] 

RIN 1105–AB42 

Revision to United States Marshals 

Service Fees for Services 

AGENCY: United States Marshals Service, 

Department of Justice. 

ACTION: Proposed rule. 

SUMMARY: This rule proposes to increase 

the fee from $55 per person per hour to 

$65 per person per hour for process 

served or executed personally by a 

United States Marshals Service 

employee, agent, or contractor. This 

proposed fee increase reflects the 

current costs to the United States 

Marshals Service for service of process 

in federal court proceedings. 

DATES: Written comments must be 

postmarked and electronic comments 

must be submitted on or before June 11, 

2013. Comments received by mail will 

be considered timely if they are 

postmarked on or before that date. The 

electronic Federal Docket Management 

System (FDMS) will accept comments 

until Midnight Eastern Time at the end 

of that day. 

ADDRESSES: To ensure proper handling 

of comments, please reference ‘‘Docket 

No. USMS 110’’ on all electronic and 

written correspondence. The 

Department encourages all comments be 

submitted electronically through http:// 

www.regulations.gov using the 

electronic comment form provided on 

that site. An electronic copy of this 

document is also available at the 

http://www.regulations.gov Web site for 

easy reference. Paper comments that 

duplicate the electronic submission are 

not necessary as all comments 

submitted to http://www.regulations.gov 

will be posted for public review and are 

part of the official docket record. Should 

you, however, wish to submit written 

comments via regular or express mail, 

they should be sent to the Office of 

General Counsel, United States 

Marshals Service, 2604 Jefferson Davis 

Highway, Alexandria, VA 22301. 

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