Federal Register / Vol. 76, No. 145 / Thursday, July 28, 2011 / Rules and Regulations 45195 

(d)(2) of this section and we uphold our 

finding, the non-attorney representative 

will be ineligible to receive direct fee 

payment beginning with the month after 

the month we uphold our finding. 

(3) If an eligible non-attorney 

representative does not protest, in 

accordance with paragraph (d)(2) of this 

section, our finding about the criteria in 

paragraph (a)(6) of this section, the nonattorney representative will be ineligible 

to receive direct fee payment for 6 full 

calendar months beginning with the 

month after the month the protest 

period ends. If the eligible non-attorney 

representative protests in accordance 

with paragraph (d)(2) of this section and 

we uphold our finding, the non-attorney 

representative will be ineligible to 

receive direct fee payment for 6 full 

calendar months beginning with the 

month after the month we uphold our 

finding. In either case, the non-attorney 

representative may provide us with 

documentation that he or she has 

acquired and maintains the required 

liability insurance coverage described in 

paragraph (a)(6) of this section, no 

earlier than the sixth month of the 

ineligibility. The non-attorney 

representative will again be eligible to 

receive direct fee payment beginning in 

the first month after the month we find 

that we have received sufficient 

documentation that the non-attorney 

representative meets the requirements of 

paragraph (a)(6) of this section. 

(4) If an eligible non-attorney 

representative does not protest, in 

accordance with paragraph (d)(2) of this 

section, our finding about the criteria in 

paragraph (a)(7) of this section, the nonattorney representative will be ineligible 

to receive direct fee payment for 6 full 

calendar months beginning with the 

month after the month the protest 

period ends. If the eligible non-attorney 

representative protests in accordance 

with paragraph (d)(2) of this section and 

we uphold our finding, the non-attorney 

will be ineligible to receive direct fee 

payment for 6 full calendar months 

beginning with the month after the 

month we uphold our finding. In either 

case, the non-attorney representative 

may provide us with documentation 

that he or she has satisfied the criteria 

in paragraph (a)(7) of this section at any 

time. The non-attorney representative 

will again be eligible to receive direct 

fee payment beginning in the first 

month after the month we find that we 

have received sufficient documentation, 

but not earlier than the month following 

the end of the 6 month ineligibility 

period. 

(f) Reapplying. A representative may 

reapply to become eligible to receive 

direct fee payment under paragraph (a) 

of this section during any subsequent 

application period if he or she: 

(1) Did not meet the initial criteria for 

eligibility in paragraphs (a)(1), (2), (3), 

and (5) of this section in a prior 

application period; or 

(2) Failed to timely correct a defective 

application in a prior application period 

as described in paragraph (b) of this 

section. 

■ 13. Amend § 416.1520 by revising 

paragraph (b)(4) to read as follows: 

§ 416.1520 Fee for a representative’s 

services. 

* * * * * 

(b) * * * 

(4) If your representative is an 

attorney or an eligible non-attorney, and 

you are entitled to past-due benefits, we 

will pay the authorized fee, or a part of 

the authorized fee, directly to the 

attorney or eligible non-attorney out of 

the past-due benefits, subject to the 

limitations described in 

§ 416.1530(b)(1). If the representative is 

a non-attorney who is ineligible to 

receive direct fee payment, we assume 

no responsibility for the payment of any 

fee that we have authorized. 

* * * * * 

■ 14. Amend § 416.1530 by revising the 

first sentence of paragraph (a), heading 

and introductory text of paragraph 

(b)(1), heading and the first sentence of 

paragraph (b)(2), heading of paragraph 

(c), and paragraph (c)(1) to read as 

follows: 

§ 416.1530 Payment of fees. 

(a) Fees allowed by a Federal court. 

We will pay an attorney representative 

out of your past-due benefits the amount 

of the fee allowed by a Federal court in 

a proceeding under title XVI of the Act. 

* * * 

(b) Fees we may authorize— 

(1) Attorneys and eligible nonattorneys. Except as provided in 

paragraph (c) of this section, if we make 

a determination or decision in your 

favor and you were represented by an 

attorney or an eligible non-attorney, and 

as a result of the determination or 

decision you have past-due benefits, we 

will pay the representative out of the 

past-due benefits, the smallest of the 

amounts in paragraphs (b)(1)(i) through 

(iii) of this section, less the amount of 

the assessment described in paragraph 

(d) of this section. 

* * * * * 

(2) Non-attorneys ineligible for direct 

payment. If the representative is a nonattorney who is ineligible to receive 

direct payment of his or her fee, we 

assume no responsibility for the 

payment of any fee that we authorized. 

* * * 

* * * * * 

(c) Time limit for filing request for 

approval of fee to obtain direct 

payment. (1) To receive direct fee 

payment from your past-due benefits, a 

representative who is an attorney or an 

eligible non-attorney should file a 

request for approval of a fee, or written 

notice of the intent to file a request, at 

one of our offices, or electronically at 

the times and in the manner that we 

prescribe if we give notice that such a 

method is available, within 60 days of 

the date we mail the notice of the 

favorable determination or decision. 

* * * * * 

[FR Doc. 2011–19026 Filed 7–27–11; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF STATE 

22 CFR Parts 120, 122, 123, and 129 

RIN 1400–AC74 

[Public Notice 7538] 

International Traffic in Arms 

Regulations: Electronic Payment of 

Registration Fees 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: The Department of State is 

amending the International Traffic in 

Arms Regulations (ITAR) to change the 

method of payment to electronic 

submission of registration fees. The 

institution of the electronic submission 

of registration fees will simplify the 

collection and verification of payments, 

eliminate the need to manually process 

and collect returned payments, and 

eliminate the possibility of lost 

payments. Definitions for ‘‘Foreign 

Ownership’’ and ‘‘Foreign Control’’ are 

also added. 

DATES: Effective Date: This rule is 

effective September 26, 2011. 

FOR FURTHER INFORMATION CONTACT: Lisa 

V. Aguirre, Director, Office of Defense 

Trade Controls Compliance, Directorate 

of Defense Trade Controls, Department 

of State, 2401 E Street, NW., SA–1, 

Room H1200, Washington, DC 20522– 

0112; telephone 202–632–2798 or fax 

202–632–2878; or e-mail through 

DDTCResponseTeam@state.gov, with 

the subject line, ‘‘Electronic Payment of 

Registration Fees.’’ 

SUPPLEMENTARY INFORMATION: The 

Directorate of Defense Trade Controls 

(DDTC) is responsible for the collection 

of registration fees from persons in the 

business of manufacturing, exporting, 


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45196 Federal Register / Vol. 76, No. 145 / Thursday, July 28, 2011 / Rules and Regulations 

and/or brokering defense articles or 

defense services. 

Previously, registrants submitted 

registration fees to DDTC by check or 

money order, and these payments were 

processed manually. The institution of 

the electronic submission of registration 

fees will simplify the collection and 

verification of payments, eliminate the 

need to manually process and collect 

returned payments, and eliminate the 

possibility of lost payments. 

Section 122.2(a) is revised to provide 

for electronic payment as the sole means 

of registration fee submission. The form 

used for obtaining registration, the DS– 

2032 Statement of Registration, has been 

revised to reflect that fee payments are 

to be made electronically. Additionally, 

the certifications previously required 

through the transmittal letter referenced 

in § 122.2(b) of the ITAR are 

incorporated into the revised DS–2032. 

Consequently, § 122.2(b) no longer 

requires a separate transmittal letter; 

rather, it addresses certain certifications 

to be made on the Statement of 

Registration that previously were 

provided via the transmittal letter. The 

new § 122.2(b) title will be ‘‘Statement 

of Registration Certification.’’ 

Definitions for ‘‘ownership’’ and 

‘‘control’’ are removed from part 122 by 

the removal of § 122.2(c). Definitions for 

‘‘Foreign Ownership’’ and ‘‘Foreign 

Control’’ constitute the new § 120.37. 

Section 122.3(a) is revised to remove 

reference to the transmittal letter. 

The revision to § 129.4(a) is in line 

with the change in part 122 regarding 

the provision of electronic payment of 

registration fees. References to the 

transmittal letter are removed from 

§§ 129.4(a) and (b). 

Title and number of the registration 

form is corrected in § 120.28(a)(2), and 

§ 123.16(b)(9) is revised to correct a 

reference to § 122.2(c) and replace it 

with a reference to § 120.37. 

This rule was first presented as a 

proposed rule for public comment on 

February 24, 2011. That comment 

period ended April 25, 2011. No 

comments pertinent to this rule were 

received. 

Having thoroughly reviewed and 

evaluated the rule, the Department has 

determined that it will accept, and 

hereby does adopt, the proposed rule as 

a final rule. 

Regulatory Analysis and Notices 

Administrative Procedure Act 

The Department of State is of the 

opinion that controlling the import and 

export of defense articles and services is 

a foreign affairs function of the United 

States Government and that rules 

implementing this function are exempt 

from § 553 (Rulemaking) and § 554 

(Adjudications) of the Administrative 

Procedure Act. Although the 

Department is of the opinion that this 

rule is exempt from the rulemaking 

provisions of the APA, the Department 

published this rule with a 60-day 

provision for public comment and 

without prejudice to its determination 

that controlling the import and export of 

defense services is a foreign affairs 

function. 

Regulatory Flexibility Act 

Since this amendment is not subject 

to the notice-and-comment procedures 

of 5 U.S.C. 553, it does not require 

analysis under the Regulatory 

Flexibility Act. 

Unfunded Mandates Reform Act of 1995 

This amendment does not involve a 

mandate that will result in the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year and it will not significantly 

or uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Executive Order 13175 

The Department has determined that 

this rulemaking will not have Tribal 

implications, will not impose 

substantial direct compliance costs on 

Indian Tribal governments, and will not 

pre-empt Tribal law. Accordingly, the 

requirements of Executive Order 13175 

do not apply to this rulemaking. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This amendment has been found not 

to be a major rule within the meaning 

of the Small Business Regulatory 

Enforcement Fairness Act of 1996. 

Executive Orders 12372 and 13132 

This amendment will not have 

substantial direct effects 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. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this amendment 

does not have sufficient federalism 

implications to require consultations or 

warrant the preparation of a federalism 

summary impact statement. The 

regulations implementing Executive 

Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities do not 

apply to this amendment. 

Executive Order 12866 

The Department of State does not 

consider this rule to be a ‘‘significant 

regulatory action’’ under Executive 

Order 12866, section 3(f), Regulatory 

Planning and Review. The Department 

is of the opinion that controlling the 

import and export of defense articles 

and services is a foreign affairs function 

of the United States Government and 

that rules governing the conduct of this 

function are exempt from the 

requirements of Executive Order 12866. 

Executive Order 13563 

The Department of State has 

considered this rule in light of 

Executive Order 13563, dated January 

18, 2011, and affirms that this regulation 

is consistent with the guidance therein. 

Executive Order 12988 

The Department of State has reviewed 

the amendment in light of sections 3(a) 

and 3(b)(2) of Executive Order 12988 to 

eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

Paperwork Reduction Act 

The information collection (IC) 

requirements for the current Statement 

of Registration (Department of State 

form DS–2032) are approved under 

Office of Management and Budget 

(OMB) control number 1405–0002. This 

rule imposes new reporting 

requirements subject to the Paperwork 

Reduction Act, 44 U.S.C. chapter 35. 

The Department published a notice in 

the Federal Register (76 FR 10291, with 

correction at 76 FR 16588) soliciting 

public comments on the revised 

information collection and notifying the 

public that this collection was 

submitted to OMB for review and 

approval. No comments pertinent to this 

rule were received. 

Formerly, the ITAR, § 122.2(b), 

required the respondent to provide 

separate correspondence (via a 

‘‘transmittal letter,’’ to accompany the 

DS–2032, Statement of Registration, 

submission) certifying criminal history, 

eligibility, and foreign ownership. 

Often, this mandate was overlooked by 

the respondent, resulting in the return 

without action of the incomplete 

application. The revised DS–2032 

incorporates these certifications within 

the form, only requiring the user to click 

on the appropriate response. 

Other changes to the Statement of 

Registration include additional data 

fields necessary to match electronic 

payment to the form. Whereas payments 


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Federal Register / Vol. 76, No. 145 / Thursday, July 28, 2011 / Rules and Regulations 45197 

will be received electronically, 

respondents will continue submitting 

the DS–2032 in paper format. New data 

elements specific to electronic payment 

were not previously required on the DS– 

2032 because such information is visible 

on U.S. and foreign bank drafts. 

Additionally, data elements are added 

to ensure clarification during analysis as 

well as standardization of responses. 

Specifically, necessary information is 

listed in the form, only requiring the 

respondent to make a selection by 

clicking the applicable checkbox rather 

than manually entering the information. 

This enhancement eliminates 

typographical errors and the 

misinterpretation of information 

requested, which often results in the 

submission of incorrect information. 

With these changes, the estimated 

burden time for completion of the DS– 

2032 is reduced from two hours to one 

hour. 

List of Subjects in 22 CFR Parts 120, 

122, 123, and 129 

Arms and munitions, Registration, 

Exports, Brokering. 

Accordingly, for the reasons set forth 

in the preamble, Title 22, Chapter I, 

Subchapter M, parts 120, 122, 123, and 

129 are amended as follows: 

PART 120—PURPOSE AND 

DEFINITIONS 

■ 1. The authority citation for part 120 

continues to read as follows: 

Authority: Secs. 2, 38, and 71, Pub. L. 90– 

629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2797); 22 U.S.C. 2794; E.O. 11958, 42 FR 

4311; E.O. 13284, 68 FR 4075; 3 CFR, 1977 

Comp. p. 79; 22 U.S.C. 2651a; Pub. L. 105– 

261, 112 Stat. 1920. 

■ 2. In § 120.28, paragraph (a)(2) is 

revised to read as follows: 

§ 120.28 Listing of forms referred to in this 

subchapter. 

* * * * * 

(a) * * * 

(2) Statement of Registration (Form 

DS–2032). 

* * * * * 

§§ 120.33–120.36 [Reserved] 

■ 3. Part 120 is amended by reserving 

§§ 120.33 through 120.36 and adding 

§ 120.37 to read as follows: 

§ 120.37 Foreign ownership and foreign 

control. 

Foreign ownership means more than 

50 percent of the outstanding voting 

securities of the firm are owned by one 

or more foreign persons (as defined in 

§ 120.16). Foreign control means one or 

more foreign persons have the authority 

or ability to establish or direct the 

general policies or day-to-day 

operations of the firm. Foreign control is 

presumed to exist where foreign persons 

own 25 percent or more of the 

outstanding voting securities unless one 

U.S. person controls an equal or larger 

percentage. 

PART 122—REGISTRATION OF 

MANUFACTURERS AND EXPORTERS 

■ 4. The authority citation for part 122 

continues to read as follows: 

Authority: Secs. 2 and 38, Public Law 90– 

629, 90 Stat. 744 (22 U.S.C. 2752, 2778); E.O. 

11958, 42 FR 4311; 1977 Comp. p. 79, 22 

U.S.C. 2651a. 

■ 5. Section 122.2 is revised to read as 

follows: 

§ 122.2 Submission of registration 

statement. 

(a) General. An intended registrant 

must submit a Department of State Form 

DS–2032 (Statement of Registration) to 

the Office of Defense Trade Controls 

Compliance by registered or overnight 

mail delivery, and must submit an 

electronic payment via Automated 

Clearing House payable to the 

Department of State of one of the fees 

prescribed in § 122.3(a) of this 

subchapter. Automated Clearing House 

(ACH) is an electronic network used to 

process financial transactions in the 

United States. Intended registrants 

should access the Directorate of Defense 

Trade Control’s Web site at http:// 

www.pmddtc.state.gov for detailed 

guidelines on submitting an ACH 

electronic payment. Electronic 

payments must be in U.S. currency and 

must be payable through a U.S. financial 

institution. Cash, checks, foreign 

currency, or money orders will not be 

accepted. In addition, the Statement of 

Registration must be signed by a senior 

officer (e.g., Chief Executive Officer, 

President, Secretary, Partner, Member, 

Treasurer, General Counsel) who has 

been empowered by the intended 

registrant to sign such documents. The 

intended registrant also shall submit 

documentation that demonstrates that it 

is incorporated or otherwise authorized 

to do business in the United States. The 

Directorate of Defense Trade Controls 

will notify the registrant if the 

Statement of Registration is incomplete 

either by notifying the registrant of what 

information is required or through the 

return of the entire registration package. 

Registrants may not establish new 

entities for the purpose of reducing 

registration fees. 

(b) Statement of Registration 

Certification. The Statement of 

Registration of the intended registrant 

shall include a certification by an 

authorized senior officer of the 

following: 

(1) Whether the intended registrant, 

chief executive officer, president, vice 

presidents, other senior officers or 

officials (e.g., Comptroller, Treasurer, 

General Counsel) or any member of the 

board of directors: 

(i) Has ever been indicted for or 

convicted of violating any of the U.S. 

criminal statutes enumerated in § 120.27 

of this subchapter; or 

(ii) Is ineligible to contract with, or to 

receive a license or other approval to 

import defense articles or defense 

services from, or to receive an export 

license or other approval from, any 

agency of the U.S. Government. 

(2) Whether the intended registrant is 

foreign owned or foreign controlled (see 

§ 120.37 of this subchapter). If the 

intended registrant is foreign owned or 

foreign controlled, the certification shall 

also include whether the intended 

registrant is incorporated or otherwise 

authorized to engage in business in the 

United States. 

■ 6. Section 122.3 is amended by 

revising paragraph (a) introductory text 

to read as follows: 

§ 122.3 Registration fees. 

(a) A person who is required to 

register must do so on an annual basis 

upon submission of a completed Form 

DS–2032 and payment of a fee as 

follows: 

* * * * * 

PART 123—LICENSES FOR THE 

EXPORT OF DEFENSE ARTICLES 

■ 7. The authority citation for part 123 

continues to read as follows: 

Authority: Secs. 2, 38, and 71, Pub. L. 90– 

629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2797); 22 U.S.C. 2753; E.O. 11958, 42 FR 

4311; 3 CFR, 1977 Comp. p. 79; 22 U.S.C. 

2651a; 22 U.S.C. 2776; Pub. L. 105–261, 112 

Stat. 1920; Sec 1205(a), Pub. L. 107–228. 

■ 8. Section 123.16 is amended by 

revising paragraph (b)(9) introductory 

text to read as follows: 

§ 123.16 Exemptions of general 

applicability. 

* * * * * 

(b) * * * 

(9) Port Directors of U.S. Customs and 

Border Protection shall permit the 

temporary export without a license by a 

U.S. person of any unclassified 

component, part, tool or test equipment 

to a subsidiary, affiliate or facility 

owned or controlled by the U.S. person 

(see § 120.37 of this subchapter for 

definition of foreign ownership and 


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45198 Federal Register / Vol. 76, No. 145 / Thursday, July 28, 2011 / Rules and Regulations 

foreign control) if the component, part, 

tool or test equipment is to be used for 

manufacture, assembly, testing, 

production, or modification provided: 

* * * * * 

PART 129—REGISTRATION AND 

LICENSING OF BROKERS 

■ 9. The authority citation for part 129 

continues to read as follows: 

Authority: Sec. 38, Pub. L. 104–164, 110 

Stat. 1437, (22 U.S.C. 2778). 

■ 10. Section 129.4 is amended by 

revising paragraphs (a) and (b) to read 

as follows: 

§ 129.4 Registration statement and fees. 

(a) General. An intended registrant 

must submit a Department of State Form 

DS–2032 (Statement of Registration) to 

the Office of Defense Trade Controls 

Compliance by registered or overnight 

mail delivery, and must submit an 

electronic payment via Automated 

Clearing House (ACH) or Society for 

Worldwide Interbank Financial 

Telecommunications (SWIFT), payable 

to the Department of State of the fees 

prescribed in § 122.3(a) of this 

subchapter. Automated Clearing House 

is an electronic network used to process 

financial transactions originating from 

within the United States and SWIFT is 

the messaging service used by financial 

institutions worldwide to issue 

international transfers for foreign 

accounts. Payment methods (i.e., ACH 

and SWIFT) are dependent on the 

source of the funds (U.S. or foreign 

bank) drawn from the applicant’s 

account. The originating account must 

be the registrant’s account and not a 

third party’s account. Intended 

registrants should access the Directorate 

of Defense Trade Control’s Web site at 

http://www.pmddtc.state.gov for 

detailed guidelines on submitting ACH 

and SWIFT electronic payments. 

Payments, including from foreign 

brokers, must be in U.S. currency, 

payable through a U.S. financial 

institution. Cash, checks, foreign 

currency, or money orders will not be 

accepted. The Statement of Registration 

must be signed by a senior officer (e.g., 

Chief Executive Officer, President, 

Secretary, Partner, Member, Treasurer, 

General Counsel) who has been 

empowered by the intended registrant to 

sign such documents. The intended 

registrant, whether a U.S. or foreign 

person, shall submit documentation that 

demonstrates it is incorporated or 

otherwise authorized to do business in 

its respective country. Foreign persons 

who are required to register shall 

provide information that is substantially 

similar in content to that which a U.S. 

person would provide under this 

provision (e.g., foreign business license 

or similar authorization to do business). 

The Directorate of Defense Trade 

Controls will notify the registrant if the 

Statement of Registration is incomplete 

either by notifying the registrant of what 

information is required or through the 

return of the entire registration package. 

Registrants may not establish new 

entities for the purpose of reducing 

registration fees. 

(b) A person registering as a broker 

who is already registered as a 

manufacturer or exporter in accordance 

with part 122 of this subchapter must 

cite their existing manufacturer or 

exporter registration, and must pay an 

additional fee according to the schedule 

prescribed in § 122.3(a) of this 

subchapter for registration as a broker. 

* * * * * 

Dated: July 20, 2011. 

Ellen O. Tauscher, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2011–19115 Filed 7–27–11; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR Part 15 

Office of the Secretary 

43 CFR Parts 4, 30 

[Docket ID BIA–2009–0001] 

RIN 1076–AF07 

Indian Trust Management Reform— 

Implementation of Statutory Changes 

AGENCY: Bureau of Indian Affairs, Office 

of the Secretary, Interior. 

ACTION: Final rule; confirmation. 

SUMMARY: The Office of the Secretary of 

the Department of the Interior and 

Bureau of Indian Affairs (collectively, 

the Department) are confirming the 

interim final rule published and 

effective on February 10, 2011, to 

implement the latest statutory changes 

to the Indian Land Consolidation Act, as 

amended by the 2004 American Indian 

Probate Reform Act and later 

amendments (ILCA/AIPRA). The 

February 10, 2011, publication stated 

that the Department would review 

comments on the interim final rule and 

either confirm the rule or initiate a 

proposed rulemaking. The Department 

did not receive any adverse comments, 

and therefore confirms the rule without 

change. 

DATES: The February 10, 2011, effective 

date of the interim final rule is 

confirmed. 

FOR FURTHER INFORMATION CONTACT: 

Michele Singer, Office of Regulatory 

Affairs & Collaborative Action, U.S. 

Department of the Interior, 1001 Indian 

School Road, NW., Suite 312, 

Albuquerque, NM 87104, phone: (505) 

563–3805; fax: (505) 563–3811; e-mail: 

Michele.Singer@bia.gov. 

SUPPLEMENTARY INFORMATION: On 

February 10, 2011, the Department 

published an interim final rule (76 FR 

7500), under Docket No. BIA–2009–001, 

to implement the latest statutory 

changes to ILCA/AIPRA. The rule’s 

changes primarily affect the probate of 

permanent improvements owned by a 

decedent that are attached to trust or 

restricted property owned by the 

decedent. These changes also affect the 

purchase of small fractional interests at 

probate by restricting who may 

purchase without consent and what 

interests may be purchased without 

consent. 

The Department stated in the interim 

final rule that it would address 

comments received and, by a future 

publication in the Federal Register, 

confirm the interim final rule, with or 

without change, or initiate a proposed 

rulemaking. 

The Department received one 

comment that expressly indicated it was 

not a substantive criticism of the rule, 

but requested a definition for the term 

‘‘probate.’’ The regulations being 

amended by the interim final rule, 25 

CFR part 15 and 43 CFR part 30, already 

contain a definition of ‘‘probate.’’ See 25 

CFR 15.2, 43 CFR 4.201, 30.101. 

Consequently, the Department did not 

make any change to the interim final 

rule as a result of this comment. The 

comment also included a suggestion 

regarding estate planning that is outside 

the scope of the interim final rule. 

For these reasons, the Department is 

confirming the interim final rule 

without change. 

List of Subjects 

25 CFR Part 15 

Estates, Indians—law. 

43 CFR Part 4 

Administrative practice and 

procedure, Claims, Indians, Lawyers. 

43 CFR Part 30 

Administrative practice and 

procedure, Claims, Estates, Indians, 

Lawyers. 


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