Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Proposed Rules 24905 

The Proposal 

The FAA is proposing an amendment 

to 14 CFR part 71 to amend RNAV route 

T–260 in the vicinity of Nome, AK in 

support of a large and comprehensive Troute modernization project in the state 

of Alaska. The proposed RNAV T-route 

amendment is described below. 

T–260: T–260 currently extends 

between the Point Hope, AK, (PHO) 

NDB and the NOME, AK, (OME) VHF 

Omnidirectional Radar/Distance 

Measuring Equipment (VOR/DME). The 

FAA proposes to replace the Point 

Hope, AK (PHO) NDB and the Tin City, 

AK, (TNC) NDB/DME with the VANTY 

and FEDEV WPs, respectively. The FAA 

also proposes to remove the COGNU, 

AK, WP from the legal description due 

to it having less than a 1 degree turn and 

is not required. As a result, T–260 

would extend between the VANTY, AK, 

WP and the Nome, AK, VOR/DME. 

United States Area Navigation Routes 

are published in paragraph 6011 of FAA 

Order JO 7400.11F dated August 10, 

2021 and effective September 15, 2021, 

which is incorporated by reference in 14 

CFR 71.1. The RNAV route listed in this 

document would be published 

subsequently in FAA Order JO 7400.11. 

FAA Order JO 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed 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 Department of 

Transportation (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 proposed 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. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 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 FAA Order JO 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 6011 United States Area 

Navigation Routes 

* * * * * 

T–260 Nome, AK (OME) to VANTY, AK [Amended] 

Nome, AK (OME) VOR/DME (Lat. 64°29′06.39′′ N, long. 165°15′11.43′′ W) 

FEDEV, AK WP (Lat. 65°33′37.84′′ N, long. 167°55′18.90′′ W) 

VANTY, AK WP (Lat. 68°20′40.64′′ N, long. 166°48′09.96 ′′ W) 

* * * * * 

Issued in Washington, DC, on April 20, 

2022. 

Scott M. Rosenbloom, 

Manager, Airspace Rules and Regulations. 

[FR Doc. 2022–08891 Filed 4–26–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2022–0436; Airspace 

Docket No. 22–ASW–1] 

RIN 2120–AA66 

Proposed Amendment and 

Establishment of Air Traffic Service 

(ATS) Routes; South Central United 

States 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend VHF Omnidirectional Range 

(VOR) Federal airways V–198, V–212, 

V–556, and V–558; amend Area 

Navigation (RNAV) route T–256; and 

establish RNAV route T–466. The FAA 

is proposing this action due to the 

planned decommissioning of the VOR 

portion of the Eagle Lake, TX (ELA), 

VOR/Distance Measuring Equipment 

(VOR/DME) navigational aid (NAVAID). 

The Eagle Lake VOR is being 

decommissioned in support of the 

FAA’s VOR Minimum Operational 

Network (MON) program. 

DATES: Comments must be received on 

or before June 13, 2022. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590; telephone: 

1(800) 647–5527, or (202) 366–9826. 

You must identify FAA Docket No. 

FAA–2022–0436; Airspace Docket No. 

22–ASW–1 at the beginning of your 

comments. You may also submit 

comments through the internet at 

https://www.regulations.gov. 

FAA Order JO 7400.11F, Airspace 

Designations and Reporting Points, and 

subsequent amendments can be viewed 

online at https://www.faa.gov/air_

traffic/publications/. For further 

information, you can contact the Rules 

and Regulations Group, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

FOR FURTHER INFORMATION CONTACT: 

Colby Abbott, Rules and Regulations 

Group, Office of Policy, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 


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24906 Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Proposed Rules 

agency’s authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of the airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it would 

modify the National Airspace System 

(NAS) as necessary to preserve the safe 

and efficient flow of air traffic. 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA– 

2022–0436; Airspace Docket No. 22– 

ASW–1) and be submitted in triplicate 

to the Docket Management Facility (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the internet at 

https://www.regulations.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2022–0436; Airspace 

Docket No. 22–ASW–1.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

All communications received on or 

before the specified comment closing 

date will be considered before taking 

action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

comment closing date. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

internet at https://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s web page at https://

www.faa.gov/air_traffic/publications/ 

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except federal holidays. An informal 

docket may also be examined during 

normal business hours at the office of 

the Operations Support Group, Central 

Service Center, Federal Aviation 

Administration, 10101 Hillwood 

Parkway, Fort Worth, TX 76177. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document proposes to amend 

FAA Order JO 7400.11F, Airspace 

Designations and Reporting Points, 

dated August 10, 2021, and effective 

September 15, 2021. FAA Order JO 

7400.11F is publicly available as listed 

in the ADDRESSES section of this 

document. FAA Order JO 7400.11F lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

Background 

The FAA is planning to 

decommission the Eagle Lake, TX, VOR 

in December 2022. The Eagle Lake VOR 

was one of the candidate VORs 

identified for discontinuance by the 

FAA’s VOR MON program and listed in 

the Final policy statement notice, 

‘‘Provision of Navigation Services for 

the Next Generation Air Transportation 

System (NextGen) Transition to 

Performance-Based Navigation (PBN) 

(Plan for Establishing a VOR Minimum 

Operational Network),’’ published in the 

Federal Register of July 26, 2016 (81 FR 

48694), Docket No. FAA–2011–1082. 

Although the VOR portion of the 

Eagle Lake VOR/DME is planned for 

decommissioning, the co-located DME 

portion of the NAVAID is being retained 

to support NextGen PBN flight 

procedure requirements. 

The ATS routes effected by the Eagle 

Lake VOR decommissioning are VOR 

Federal airways V–198, V–212, V–556, 

and V–558, and RNAV route T–256. The 

V–198, V–556, V–558, and T–256 ATS 

routes are affected directly with the 

Eagle Lake VOR being included in the 

route descriptions. Whereas, V–212 is 

affected based on the navigational 

guidance the Eagle Lake VOR provides 

to a segment of the airway between the 

extended service volume limit of the 

San Antonio, TX, VOR/Tactical Air 

Navigation (VORTAC) NAVAID (SEEDS 

fix) and the intersection of the San 

Antonio VORTAC and the Industry, TX, 

VORTAC radials (WEMAR fix). Except 

for T–256, the planned 

decommissioning of the Eagle Lake VOR 

results in the remaining ground-based 

NAVAID coverage in the area being 

insufficient to enable the continuity of 

the affected ATS routes. As such, 

modifications to V–198 and V–556 

would result in creating or extending 

gaps in the airways and modifications to 

V–212 and V–558 would result in the 

airways being shortened. And, 

modifications to T–256 would include 

the Eagle Lake VOR/DME route point 

being removed from the route 

description. 

To overcome the affected ATS route 

gaps or removed segments, instrument 

flight rules (IFR) traffic could use 

portions of adjacent VOR Federal 

airways V–68 and V–222 to 

circumnavigate the affected area, or 

receive air traffic control (ATC) radar 

vectors to fly through the affected area. 

Additionally, IFR pilots equipped with 

RNAV capabilities could use T–200, T– 

220, and T–256, and the new T–466 

proposed in this action, or navigate 

point to point using the existing fixes 

that would remain in place to support 

continued operations though the 

affected area. Visual flight rules (VFR) 

pilots who elect to navigate via the 

affected ATS routes could also take 

advantage of the adjacent ATS routes or 

ATC services listed previously. 

Further, the FAA proposes to 

establish RNAV route T–466 between 

the San Angelo, TX, VORTAC and 

Sabine Pass, TX, VOR/DME. The 

proposed T-route would overlay the 

existing V–556 and, in part, mitigate the 

proposed removal of the V–556 segment 

between the Stonewall, TX, VORTAC 

and the Scholes, TX, VOR/DME. The 

new T-route would provide airspace 

users equipped with RNAV capabilities 

an enroute structure between the San 

Angelo, TX, area southeastward to the 

Galveston, TX, area and then 

northeastward to the Beaumont, TX, 

area, by transiting north of the San 

Antonio, TX, and New Braunfels, TX, 

areas and south of the Houston, TX, 

area. Lastly, the new T-route would 

support the FAA’s NextGen efforts to 

modernize the NAS navigation system 

from a ground-based system to a 

satellite-based system. 

The Proposal 

The FAA is proposing an amendment 

to 14 CFR part 71 to amend VOR 

Federal airways V–198, V–212, V–556, 

and V–558; amend RNAV route T–256; 

and establish RNAV route T–466 due to 

the planned decommissioning of the 


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Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Proposed Rules 24907 

Eagle Lake, TX, VOR. The proposed 

ATS route actions are described below. 

V–198: V–198 currently extends 

between the San Simon, AZ, VORTAC 

and the Eagle Lake, TX, VOR/DME; and 

between the Sabine Pass, TX, VOR/DME 

and the Craig, FL, VORTAC. The FAA 

proposes to remove the route segment 

between the San Antonio, TX, VORTAC 

and the Eagle Lake, TX, VOR/DME. The 

unaffected portions of the existing 

airway would remain as charted. 

V–212: V–212 currently extends 

between the San Antonio, TX, VORTAC 

and the Mc Comb, MS, VORTAC. The 

FAA proposes to remove the airway 

segment between the San Antonio, TX, 

VORTAC and the Industry, TX, 

VORTAC. The unaffected portions of 

the existing airway would remain as 

charted. 

V–556: V–556 currently extends 

between the San Angelo, TX, VORTAC 

and the Sabine Pass, TX, VOR/DME. 

The FAA proposes to remove the airway 

segment between the Stonewall, TX, 

VORTAC and the Scholes, TX, VOR/ 

DME. The unaffected portions of the 

existing airway would remain as 

charted. 

V–558: V–558 currently extends 

between the Llano, TX, VORTAC and 

the Eagle Lake, TX, VOR/DME. The 

FAA proposes to remove the airway 

segment between the Industry, TX, 

VORTAC and the Eagle Lake, TX, VOR/ 

DME. The unaffected portions of the 

existing airway would remain as 

charted. 

T–256: T–256 currently extends 

between the San Antonio, TX, VORTAC 

and the Sabine, TX, VOR/DME. The 

FAA proposes to remove the Eagle Lake, 

TX, VOR/DME route point from the 

description as it is on a straight segment 

of the route and does not change the 

route structure between the San 

Antonio, TX, VORTAC and the MOLLR, 

TX, waypoint (WP). Additionally, the 

FAA proposes to add a RNAV route 

segment overlaying V–194 between the 

Sabine, TX, VOR/DME and the DAFLY, 

LA, WP being established near the 

Lafayette, LA, VORTAC. The full route 

legal description is listed in ‘‘The 

Proposed Amendment’’ section, below. 

T–466: T–466 is a proposed new 

RNAV route that would extend between 

the San Angelo, TX, VORTAC and the 

Sabine Pass, TX, VOR/DME. The Troute would overlay the current V–556 

and, in part, mitigate the proposed 

removal of the V–556 segment between 

the Stonewall, TX, VORTAC and the 

Scholes, TX, VOR/DME. The new route 

would provide RNAV routing between 

the San Angelo, TX, area southeastward 

to the Galveston, TX, area and then 

northeastward to the Beaumont, TX, 

area. The full route legal description is 

listed in ‘‘The Proposed Amendment’’ 

section, below. 

All NAVAID radials listed in the VOR 

Federal airway descriptions below are 

unchanged and stated in True degrees. 

VOR Federal airways are published in 

paragraph 6010(a), and RNAV T-routes 

are published in paragraph 6011 of FAA 

Order JO 7400.11F, dated August 10, 

2021, and effective September 15, 2021, 

which is incorporated by reference in 14 

CFR 71.1. The ATS routes listed in this 

document would be published 

subsequently in FAA Order JO 7400.11. 

FAA Order JO 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed 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 Department of 

Transportation (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 proposed 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. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures,’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 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 FAA Order JO 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 6010(a) Domestic VOR Federal 

Airways. 

* * * * * 

V–198 [Amended] 

From San Simon, AZ; Columbus, NM; El 

Paso, TX; 6 miles wide INT El Paso 109° and 

Hudspeth, TX, 287° radials; 6 miles wide 

Hudspeth; 29 miles, 38 miles 82 MSL INT 

Hudspeth 109° and Fort Stockton, TX, 284° 

radials; 18 miles 82 MSL Fort Stockton; 20 

miles, 116 miles 55 MSL Junction, TX; to San 

Antonio, TX. From Sabine Pass, TX; White 

Lake, LA; Tibby, LA; Harvey, LA; 69 miles, 

33 miles 25 MSL Brookley, AL; INT Brookley 

056° and Crestview, FL, 266° radials; 

Crestview; Marianna, FL; Seminole, FL; 

Greenville, FL; Taylor, FL; INT Taylor 093° 

and Craig, FL, 287° radials; to Craig. 

* * * * * 

V–212 [Amended] 

From Industry, TX; Navasota, TX; INT 

Navasota 019° and Lufkin, TX, 250° radials; 

Lufkin; Alexandria, LA; to Mc Comb, MS. 

* * * * * 

V–556 [Amended] 

From San Angelo, TX; INT San Angelo 

181° and Junction, TX, 310° radials; Junction; 

to Stonewall, TX. From Scholes, TX; to 

Sabine Pass, TX. 

* * * * * 

V–558 [Amended] 

From Llano, TX; INT Llano 088° and 

Centex, TX, 306° radials; Centex; to Industry, 

TX. 

* * * * * 

Paragraph 6011 United States Area 

Navigation Routes. 

* * * * * 

T–256 San Antonio, TX (SAT) to DAFLY, LA [Amended] 

San Antonio, TX (SAT) VORTAC (Lat. 29°38′38.51′′ N, long. 098°27′40.74′′ W) 

MOLLR, TX WP (Lat. 29°39′20.23′′ N, long. 095°16′35.83′′ W) 

Sabine Pass, TX (SBI) VOR/DME (Lat. 29°41′12.19′′ N, long. 094°02′16.72′′ W) 


lotter on DSK11XQN23PROD with PROPOSALS1
24908 Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Proposed Rules 

DAFLY, LA WP (Lat. 30°11′37.70′′ N, long. 091°59′33.94′′ W) 

* * * * * 

T–466 San Angelo, TX (SJT) to Sabine Pass, TX (SBI) [New] 

San Angelo, TX (SJT) VORTAC (Lat. 31°22′29.84′′ N, long. 100°27′17.53′′ W) 

CHILD, TX WP (Lat. 31°03′41.17′′ N, long. 100°27′40.62′′ W) 

Junction, TX (JCT) VORTAC (Lat. 30°35′52.88′′ N, long. 099°49′02.93′′ W) 

BETTI, TX FIX (Lat. 29°57′54.97′′ N, long. 098°03′23.98′′ W) 

MARCS, TX FIX (Lat. 29°53′52.04′′ N, long. 097°51′40.70′′ W) 

SEEDS, TX FIX (Lat. 29°39′31.94′′ N, long. 097°14′58.66′′ W) 

LDRET, TX WP (Lat. 29°39′44.93′′ N, long. 096°19′00.96′′ W) 

KEEDS, TX WP (Lat. 29°21′59.49′′ N, long. 095°36′48.98′′ W) 

Scholes, TX (VUH) VOR/DME (Lat. 29°16′09.60′′ N, long. 094°52′03.81′′ W) 

Sabine Pass, TX (SBI) VOR/DME (Lat. 29°41′12.19′′ N, long. 094°02′16.72′′ W) 

Issued in Washington, DC, on April 21, 

2022. 

Scott M. Rosenbloom, 

Manager, Airspace Rules and Regulations. 

[FR Doc. 2022–08890 Filed 4–26–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR Part 83 

[2231A2100DD/AAKC001030/ 

A0A501010.999900] 

RIN 1076–AF67 

Federal Acknowledgment of American 

Indian Tribes 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule seeks 

input on continuation of an express 

prohibition on re-petitioning under the 

U.S. Department of the Interior’s 

(Department) regulations for Federal 

acknowledgment of Indian Tribes. 

When first promulgated in 1978, the 

acknowledgment regulations did not 

provide a regulatory path that allowed 

re-petitioning, and since 1994, the 

regulations have expressly prohibited 

petitioners who have received a 

negative final determination from the 

Department from re-petitioning (ban). 

The most recent update to the 

regulations in 2015 continued this ban, 

but two Federal district courts held that 

the Department’s stated reasons for 

implementing the ban, as articulated in 

the 2015 final rule updating the 

regulations (2015 final rule), were 

arbitrary and capricious, and remanded 

to the Department for further 

consideration. The Department has 

undertaken further consideration and is 

proposing to maintain the ban, albeit 

with revised justifications, in light of 

the Federal district courts’ orders. The 

Department seeks input on this proposal 

and the basis for its proposal. 

DATES: Please submit your comments by 

July 6, 2022. Consultation sessions with 

federally recognized Indian Tribes will 

be held on Thursday, June 2, 2022, 3 

p.m. to 5 p.m. ET and Monday, June 6, 

2022, 2 p.m. to 4 p.m. ET. A listening 

session for present, former, and 

prospective petitioners will be held on 

Thursday, June 9, 2022, 3 p.m. to 5 p.m. 

ET. 

ADDRESSES: We cannot ensure that 

comments received after the close of the 

comment period (see DATES) will be 

included in the docket for this 

rulemaking and considered. Comments 

sent to an address other than those 

listed below will not be included in the 

docket for this rulemaking. All 

comments received may be posted 

without change to https://

www.regulations.gov, including any 

personal information provided. You 

may submit comments by any of the 

following methods: 

• Federal rulemaking portal: https://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: consultation@bia.gov. 

Include the number 1076–AF67 in the 

subject line of the message. 

• Consultation with Indian Tribes. 

The Department will conduct two 

virtual consultation sessions and will 

accept oral and written comments. 

Federally recognized Indian Tribes may 

register for the Thursday, June 2, 2022, 

3 p.m. to 5 p.m. ET consultation session 

at: https://www.zoomgov.com/meeting/ 

register/vJIscu2prz4pHbtqqZn0- 

5f8oRU5jEYKGDg. Federally recognized 

Indian Tribes may register for the 

Monday, June 6, 2022, 2 p.m. to 4 p.m. 

ET consultation session at: https://

www.zoomgov.com/meeting/register/

vJIsdu-opjMtHR5nht0X2HK

cjOh35Oz23SU. 

• Listening session for present, 

former, and prospective petitioners. The 

Department will host a listening session 

for present, former, and prospective 

petitioners and will accept oral and 

written comments. Present, former, and 

prospective petitioners may register for 

the Thursday, June 9, 2022, 3 p.m. to 5 

p.m. ET listening session at: https://

www.zoomgov.com/meeting/register/

vJIscOGpqj8uG09- 

rMrR2FeecAzGmJmf78s. 

FOR FURTHER INFORMATION CONTACT: 

Steven Mullen, Federal Register Liaison, 

Office of Regulatory Affairs & 

Collaborative Action—Indian Affairs, 

(202) 924–2650, RACA@bia.gov. 

SUPPLEMENTARY INFORMATION: 

I. Statutory Authority 

II. History of This Rulemaking 

III. Basis for Proposed Rule 

A. The Department’s Previous Negative 

Final Determinations Are Substantively 

Sound and the Department Is Allowed 

To Revise Its Regulations Without 

Reevaluating Past Final Agency Actions 

Issued Under the Previous Versions of 

Those Regulations 

B. Denied Petitioners Received Due Process 

C. The Changes Adopted in the 

Department’s 2015 Final Rule Do Not 

Warrant Re-Petitioning at This Time 

D. Third Parties and the Department Have 

Legitimate Interests in the Finality of the 

Department’s Final Determinations 

E. Claimed Availability of New Evidence 

Does Not Justify Allowing Re-Petitioning 

IV. Summary of Proposed Rule 

V. Procedural Requirements 

A. Regulatory Planning and Review (E.O. 

12866) 

B. Regulatory Flexibility Act 

C. Small Business Regulatory Enforcement 

and Fairness Act 

D. Unfunded Mandates Reform Act of 1995 

E. Takings (E.O. 12630) 

F. Federalism (E.O. 13132) 

G. Civil Justice Reform (E.O. 12988) 

H. Consultation With Indian Tribes (E.O. 

13175) 

I. Paperwork Reduction Act 

J. National Environmental Policy Act 

(NEPA) 

K. Energy Effects (E.O. 13211) 

L. Clarity of This Regulation 

M. Public Availability of Comments 

I. Statutory Authority 

Congress granted the Assistant 

Secretary—Indian Affairs (then, the 

Commissioner of Indian Affairs) 

authority to ‘‘have management of all 


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