Federal Register / Vol. 78, No. 124 / Thursday, June 27, 2013 / Proposed Rules 38617 

hearing if the administrative law judge 

finds you have good cause, as 

determined under paragraph (f) of this 

section. Section 416.1438 provides 

procedures we will follow when you do 

not respond to a notice of hearing. 

(f) Good cause for changing the time 

or place. The administrative law judge 

will determine whether good cause 

exists for changing the time or place of 

your scheduled hearing. However, a 

finding that good cause exists to 

reschedule the time or place of your 

hearing will not change the assignment 

of the administrative law judge for your 

case, unless we determine reassignment 

will promote more efficient 

administration of the hearing process. 

(1) We will reschedule your hearing, 

if your reason is one of the following 

circumstances and is supported by the 

evidence: 

(i) A serious physical or mental 

condition or incapacitating injury makes 

it impossible for you or your 

representative to travel to the hearing, or 

a death in the family occurs; or 

(ii) Severe weather conditions make it 

impossible for you and your 

representative to travel to the hearing. 

(2) In determining whether good 

cause exists in circumstances other than 

those set out in subparagraph (1) of this 

section, the administrative law judge 

will consider your reason for requesting 

the change, the facts supporting it, and 

the impact of the proposed change on 

the efficient administration of the 

hearing process. Factors affecting the 

impact of the change include, but are 

not limited to, the effect on the 

processing of other scheduled hearings, 

delays which might occur in 

rescheduling your hearing, and whether 

we granted you any prior changes. 

Examples of such other circumstances 

that you might give for requesting a 

change in the time or place of the 

hearing include, but are not limited to, 

the following: 

(i) You unsuccessfully attempted to 

obtain a representative and need 

additional time to secure representation; 

(ii) Your representative was appointed 

within 30 days of the scheduled hearing 

and needs additional time to prepare for 

the hearing; 

(iii) Your representative has a prior 

commitment to be in court or at another 

administrative hearing on the date 

scheduled for the hearing; 

(iv) A witness who will testify to facts 

material to your case would be 

unavailable to attend the scheduled 

hearing and the evidence cannot be 

otherwise obtained; 

(v) Transportation is not readily 

available for you to travel to the hearing; 

or 

(vi) You are unrepresented, and you 

are unable to respond to the notice of 

hearing because of any physical, mental, 

educational, or linguistic limitations 

(including any lack of facility with the 

English language) which you may have. 

* * * * * 

■ 13. In § 416.1438, revise paragraph (b) 

to read as follows: 

§ 416.1438 Notice of a hearing before an 

administrative law judge. 

* * * * * 

(b) Notice information. The notice of 

hearing will contain a statement of the 

specific issues to be decided and tell 

you that you may designate a person to 

represent you during the proceedings. 

The notice will also contain an 

explanation of the procedures for 

requesting a change in the time or place 

of your hearing, a reminder that if you 

fail to appear at your scheduled hearing 

without good cause the administrative 

law judge may dismiss your hearing 

request, and other information about the 

scheduling and conduct of your hearing. 

You will also be told if your appearance 

or that of any other party or witness is 

scheduled to be made in person, by 

video teleconferencing, or by telephone. 

If we have scheduled you to appear at 

the hearing by video teleconferencing, 

the notice of hearing will tell you that 

the scheduled place for the hearing is a 

video teleconferencing site and explain 

what it means to appear at your hearing 

by video teleconferencing. 

* * * * * 

[FR Doc. 2013–14894 Filed 6–26–13; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR Part 83 

[DR.5A211.IA000413] 

RIN 1076–AF18 

Procedures for Establishing That an 

American Indian Group Exists as an 

Indian Tribe 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of tribal consultation 

sessions and public meetings. 

SUMMARY: The Office of the Assistant 

Secretary—Indian Affairs is examining 

ways to improve the Department’s 

process for acknowledging an Indian 

tribe, as set forth in regulations. This 

document announces a comment 

period, tribal consultation sessions, and 

public comment sessions on a 

preliminary discussion draft of potential 

revisions to improve the Federal 

acknowledgment process. 

DATES: Comments must be received by 

August 16, 2013. See the 

SUPPLEMENTARY INFORMATION section of 

this notice for dates of the tribal 

consultation sessions and public 

comment sessions. 

ADDRESSES: See the SUPPLEMENTARY

INFORMATION section of this notice for 

locations of the tribal consultation 

sessions and public hearings and a Web 

site where the preliminary discussion 

draft is available. You may submit 

comments by any of the following 

methods: 

—Federal Rulemaking Portal: http:// 

www.regulations.gov. The rule is 

listed under the agency name ‘‘Bureau 

of Indian Affairs’’ and Docket ID 

‘‘BIA–2013–0007.’’ 

—Email: consultation@bia.gov. Include 

‘‘1076–AF18’’ in the subject line of 

the message. 

—Mail or Hand-Delivery: Elizabeth 

Appel, Office of Regulatory Affairs & 

Collaborative Action, U.S. Department 

of the Interior, 1849 C Street NW., MS 

4141, Washington, DC 20240. Include 

‘‘1076–AF18’’ on the cover of the 

submission. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Appel, Acting Director, Office 

of Regulatory Affairs & Collaborative 

Action, (202) 273–4680, 

elizabeth.appel@bia.gov. 

SUPPLEMENTARY INFORMATION: The 

Department’s process for acknowledging 

an Indian tribe is set forth at 25 CFR part 

83, ‘‘Procedures for Establishing that an 

American Indian Group exists as an 

Indian Tribe’’ (Part 83 Process). Through 

adherence to this process, the 

Department seeks to make consistent, 

well-grounded decisions when 

acknowledging a petitioner’s 

government-to-government relationship 

with the United States. The Part 83 

Process is criticized for being, among 

other things, expensive, burdensome, 

less than transparent, and inflexible. 

The preliminary discussion draft of 

potential revisions to part 83 is intended 

to generate comments on potential 

improvements to the process, while 

maintaining the integrity of the 

acknowledgment decisions. 

This notice announces the availability 

of a preliminary discussion draft of 

potential revisions for public review at: 

http://www.bia.gov/WhoWeAre/AS–IA/ 

Consultation/index.htm. Comments on 

the discussion draft are due by the date 

indicated in the DATES section of this 

notice. We will be hosting several 

meetings to obtain input on the 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
38618 Federal Register / Vol. 78, No. 124 / Thursday, June 27, 2013 / Proposed Rules 

discussion draft. Morning sessions are 

tribal consultation sessions reserved 

only for representatives of federally 

recognized tribes. Afternoon sessions 

are open to the public. 

The meetings to obtain input will be 

held on the dates and at the locations 

shown below. All times are local. 

Date 

Tribal 

consultation 

session 

Public meeting Location Venue 

July 23, 2013 .............. 9 a.m.–12 p.m ......... 1 p.m.–4 p.m ........... Canyonville, Oregon ... Seven Feathers Casino Resort, 146 Chief 

Miwaleta Lane, Canyonville, OR 97417, 

(541) 839–1111. 

July 25, 2013 .............. 9 a.m.–12 p.m ......... 1 p.m.–4 p.m ........... Solvang, California ...... Hotel Corque, 400 Alisal Road Solvang, CA 

93463, (800) 624–5572. 

July 29, 2013 .............. 9 a.m.–12 p.m ......... 1 p.m.–4 p.m ........... Petosky, Michigan ....... Odawa Casino Resort, 1760 Lears Road, 

Petosky, MI 49770, (877) 442–6464. 

July 31, 2013 .............. 9 a.m.–12 p.m ......... 1 p.m.–4 p.m ........... Indian Island, Maine .... Sockalexis Arena, 16 Wabanaki Way, Indian 

Island, ME 04468, (800) 255–1293. 

August 6, 2013 ............ 9 a.m.–12 p.m ......... 1 p.m.–4 p.m ........... Marksville, Louisiana ... Paragon Casino Resort, 711 Paragon Place, 

Marksville, LA 71351, (800) 946–1946. 

Following this first round of 

consultation and public input, we will 

review the comments received and then 

prepare a proposed rule for publication 

in the Federal Register. This will open 

a second round of consultation and the 

formal comment period to allow for 

further refining of the regulations prior 

to publication as a final rule. 

Dated: June 21, 2013. 

Kevin K. Washburn, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2013–15329 Filed 6–26–13; 8:45 am] 

BILLING CODE 4310–6W–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[Docket No. TTB–2013–0004; Notice No. 

135] 

RIN 1513–AB96 

Proposed Establishment of the Eagle 

Peak Mendocino County Viticultural 

Area and Realignments of the 

Mendocino and Redwood Valley 

Viticultural Areas 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Alcohol and Tobacco Tax 

and Trade Bureau (TTB) proposes to 

establish the approximately 26,260-acre 

‘‘Eagle Peak Mendocino County’’ 

viticultural area in northern California. 

TTB also proposes to modify the 

boundaries of the existing Mendocino 

viticultural area and the Redwood 

Valley viticultural area. The proposed 

boundary modifications would decrease 

the size of the 327,437-acre Mendocino 

viticultural area by 1,900 acres and 

decrease the size of the 32,047-acre 

Redwood Valley viticultural area by 

1,430 acres. The proposed modifications 

of the two existing viticultural areas 

would eliminate potential overlaps with 

the proposed Eagle Peak Mendocino 

County viticultural area. The proposed 

viticultural area and the two existing 

viticultural areas all lie entirely within 

Mendocino County, California, and the 

multi-county North Coast viticultural 

area. TTB designates viticultural areas 

to allow vintners to better describe the 

origin of their wines and to allow 

consumers to better identify wines they 

may purchase. TTB invites comments 

on these proposals. 

DATES: TTB must receive your 

comments on or before August 26, 2013. 

ADDRESSES: Please send your comments 

on this proposal to one of the following 

addresses: 

• http://www.regulations.gov (via the 

online comment form for this document 

as posted within Docket No. TTB–2013– 

0004 at ‘‘Regulations.gov,’’ the Federal 

e-rulemaking portal); 

• U.S. mail: Director, Regulations and 

Rulings Division, Alcohol and Tobacco 

Tax and Trade Bureau, 1310 G Street 

NW., Box 12, Washington, DC 20005; or 

• Hand delivery/courier in lieu of 

mail: Alcohol and Tobacco Tax and 

Trade Bureau, 1310 G Street NW., Suite 

200E, Washington, DC 20005. 

See the Public Participation section of 

this document for specific instructions 

and requirements for submitting 

comments, and for information on how 

to request a public hearing. 

You may view copies of this 

document, selected supporting 

materials, and any comments TTB 

receives about this proposal at http:// 

www.regulations.gov within Docket No. 

TTB–2013–0004. A link to that docket is 

posted on the TTB Web site at http:// 

www.ttb.gov/wine/winerulemaking.shtml under Notice No. 135. 

You also may view copies of this 

document, all related petitions, maps or 

other supporting materials, and any 

comments TTB receives about this 

proposal by appointment at the TTB 

Information Resource Center, 1310 G 

Street NW., Washington, DC 20005. 

Please call 202–453–2270 to make an 

appointment. 

FOR FURTHER INFORMATION CONTACT: 

Karen A. Thornton, Regulations and 

Rulings Division, Alcohol and Tobacco 

Tax and Trade Bureau, 1310 G Street 

NW., Box 12, Washington, DC 20005; 

phone 202–453–1039, ext. 175. 

SUPPLEMENTARY INFORMATION: 

Background on Viticultural Areas 

TTB Authority 

Section 105(e) of the Federal Alcohol 

Administration Act (FAA Act), 27 

U.S.C. 205(e), authorizes the Secretary 

of the Treasury to prescribe regulations 

for the labeling of wine, distilled spirits, 

and malt beverages. The FAA Act 

provides that these regulations should, 

among other things, prohibit consumer 

deception and the use of misleading 

statements on labels, and ensure that 

labels provide the consumer with 

adequate information as to the identity 

and quality of the product. The Alcohol 

and Tobacco Tax and Trade Bureau 

(TTB) administers the FAA Act 

pursuant to section 1111(d) of the 

Homeland Security Act of 2002, 

codified at 6 U.S.C. 531(d). The 

Secretary has delegated various 

authorities through Treasury 

Department Order 120–01 (Revised), 

dated January 21, 2003, to the TTB 

Administrator to perform the functions 

and duties in the administration and 

enforcement of this law. 

Part 4 of the TTB regulations (27 CFR 

part 4) allows the establishment of 

definitive viticultural areas and the use 

of their names as appellations of origin 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS