Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Proposed Rules 34399

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).

The Proposed 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 14 CFR

Part 71 continues to read as follows:

Authority: 49 U.S.C. 40103, 40113, 40120;

E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963

Comp., p. 389; 49 U.S.C. 106(g), 14 CFR

11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation

Administration Order 7400.9C, Airspace

Designations and Reporting Points,

dated August 17, 1995, and effective

September 16, 1995, is amended as

follows:

* * * * *

Paragraph 6005 Class E airspace extending

upward from 700 feet or more above the

surface of the earth.

* * * * *

AAL AK E5 Buckland, AK [New]

Buckland Airport, AK

(lat. 65°58′40′′N, long. 161°07′44′′W)

Buckland NDB

(lat. 65°58′45′′N, long. 161°08′56′′W)

Kotzebue VOR/DME

(lat. 66°53′09′′N, long. 162°32′24′′W)

Selawik VOR/DME

(lat. 66°36′00′′N, long. 159°59′50′′W)

That airspace extending upward from 700

feet above the surface within a 6.5-mile

radius of the Buckland Airport; and that

airspace extending upward from 1,200 feet

above the surface within 6 miles southwest

and 4 miles northeast of the 303° bearing of

the Buckland NDB extending from the 6.5-

mile radius to 21 miles northwest, and 4

miles eitherside of the Kotzebue VOR/DME

115° radial from the VOR/DME to 10.5 miles

northwest on the 303° bearing from the

Buckland NDB, and 4 miles eitherside of the

Selawik VOR/DME 190° radial from the

VOR/DME to 10.5 miles northwest on the

303° bearing from the Buckland NDB.

* * * * *

Issued in Anchorage, AK, on June 17, 1996.

Willis C. Nelson

Manager, Air Traffic Division, Alaskan

Region.

[FR Doc. 96–16725 Filed 7–1–96; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 45

RIN 1076–AD16

Special Education

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Proposed rule.

SUMMARY: The Bureau of Indian Affairs

is proposing the elimination of

regulations governing special education

to streamline the regulatory process and

enhance the planning and coordination

of existing regulations.

DATES: Comments must be received on

or before September 3, 1996.

ADDRESSES: Mail comments to Ken

Whitehorn, Office of Indian Education

Programs, Bureau of Indian Affairs,

Department of the Interior, 1849 C

Street, NW., MS–MIB 3512,

Washington, DC 20240. Comments may

be hand delivered to the same address

from 9:00 a.m. to 4:00 p.m. Comments

will be available for inspection at this

address from 9:00 a.m. to 4:00 p.m.,

Monday through Friday beginning

approximately July 16, 1996.

FOR FURTHER INFORMATION CONTACT: Ken

Whitehorn, Office of Indian Education

Programs, Bureau of Indian Affairs,

(202) 208–6675.

SUPPLEMENTARY INFORMATION:

Background

The Office of Indian Education

programs is proposing to eliminate 25

CFR Part 45, Special Education, because

the information contained in this part is

already included in Chapter III of 34

CFR, Parts 300–399, Office of Special

Education and Rehabilitative Services,

Department of Education. The Office of

Indian Education programs has entered

into an agreement with the Department

of Education to use 34 CFR Parts 300–

399, as the standards for its special

education programs.

Supplementary Information

The authority to issue rules and

regulations is vested in the Secretary of

the Interior by 5 U.S.C. 301 and sections

463 and 465 of the Revised Statutes, 25

U.S.C. 2 and 9.

Publication of the proposed rule by

the Department of the Interior

(Department) provides the public an

opportunity to participate in the

rulemaking process. Interested persons

may submit written comments regarding

the proposed rule to the location

identified in the ‘‘addresses’’ section of

this document.

Executive Order 12988

The Department has determined that

this rule meets the applicable standards

provided in sections 3(a) and 3(b)(2) of

Executive Order 12988.

Executive Order 12866

This rule is not a significant

regulatory action under Executive Order

12866 and does not require review by

the Office of Management and Budget.

Regulatory Flexibility Act

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.).

Executive Order 12630

The Department has determined that

this rule does not have ‘‘significant

takings’’ implications. This rule does

not pertain to ‘‘taking’’ of private

property interests, nor does it impact

private property.

Executive Order 12612

The Department has determined that

this rule does not have significant

federalism effects because it pertains

solely to Federal-tribal relations and

will not interfere with the roles, rights

and responsibilities of states.

NEPA Statement

The Department has determined that

this rule does not constitute a major

Federal action significantly affecting the

quality of the human environment and

that no detailed statement is required

pursuant to the National Environmental

Policy Act of 1969.

Unfunded Mandates Act of 1995

This rule imposes no unfunded

mandates on any governmental or

private entity and is in compliance with

the provisions of the Unfunded

Mandates Act of 1995.

Paperwork Reduction Act of 1995

This rule contains no information

collection requirement the elimination

of which would require notification to

the Office of Management and Budget.

Drafting Information

The primary author of this document

is Glenn Allison, Office of Indian

Education Programs, Bureau of Indian

Affairs.

List of Subjects in 25 CFR Part 45

Indians—education.

Under the authority of Executive

Order 12866 and for the reasons stated

above, Part 45 is proposed to be

removed.
34400 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Proposed Rules

Dated: June 6, 1996.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 96–16041 Filed 7–1–96; 8:45 am]

BILLING CODE 4310–02–P

25 CFR Part 152

RIN 1076–AD42

Issuance of Patents in Fee, Certificates

of Competency, Removal of

Restrictions, and Sale of Certain Indian

Lands

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Proposed rule.

SUMMARY: The purpose of this proposed

rule making action is to revise the

Issuance of Patents in Fee, Certificates

of Competency, Removal of Restrictions,

and Sale of Certain Indian Lands

regulations. This rule was identified for

reinvention under the National

Performance Review. It is written in

plain English to make the rule easier to

read and understand for Indian

landowners and Bureau realty staff.

DATES: Comments must be received on

or before September 3, 1996.

ADDRESSES: Mail or hand carry your

comments to Terrance L. Virden, Acting

Director, Office of Trust

Responsibilities, Bureau of Indian

Affairs, Department of the Interior, 1849

C Street, N.W., MS 4513 MIB,

Washington, D.C. 20240. Comments

may be hand delivered from 9:00 a.m.

to 4:00 p.m., Monday through Friday or

sent by facsimile to Facsimile No. (202)

219–1065.

FOR FURTHER INFORMATION CONTACT:

Alice Harwood, Acting Chief, Division

of Real Estates Services, Office of Trust

Responsibilities, Bureau of Indian

Affairs, Department of the Interior, 1849

C Street, N.W., MS 4513 MIB,

Washington, D.C. 20240, Telephone No.

(202) 208–7737.

SUPPLEMENTARY INFORMATION: The

primary author of this document is Pearl

Kennedy, Realty Specialist, Division of

Real Estate Services, Bureau of Indian

Affairs, Department of the Interior. The

proposed rule has been rewritten to

facilitate its use by the general public

and the individual Indians affected by

the rule. Sections that no longer apply

have been deleted and sections added

for clarification. No substantive

revisions are proposed in this rule.

The authority to issue rules and

regulations is vested in the Secretary of

the Interior by 5 U.S.C. 301 and sections

463 and 465 of the Revised Statutes, 25

U.S.C. 2 and 9, and delegated to the

Assistant Secretary—Indian Affairs by

209 DM 8.

Publication of the proposed rule by

the Department of the Interior

(Department) provides the public an

opportunity to participate in the

rulemaking process. Interested persons

may submit written comments regarding

the proposed rule to the location

identified in the ‘‘addresses’’ section of

this document.

The Department has determined that

this rule:

• does not have significant federalism

effects.

• is not a major rule under E.O. 12866

and will not require a review by the

Office of Management and Budget.

• 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.) because this

rule applies only to Indian applicants.

• does not have significant takings

implications under E.O. 12630.

• does not have significant effects on

the economy, nor will it result in

increases in costs or prices for

consumers, individual industries,

Federal, State, or local governments,

agencies, or geographical regions.

• does not have any adverse effects

on competition, employment,

investment, productivity, innovation, or

the export/import market.

• is categorically excluded from the

National Environmental Policy Act of

1969 because it is of an administrative,

technical, and procedural nature.

Therefore, neither an environmental

assessment nor an environmental

impact statement is warranted.

• does not impose any unfunded

mandates on any governmental or

private entity and is in compliance with

the provisions of the Unfunded

Mandates Act of 1995.

• is exempt by OMB from the

provisions of the Paperwork Reduction

Act of 1995 (44 U.S.C. 3507(d)) and does

not require a review by the Office of

Management and Budget.

List of Subjects in Part 152

Indians—lands.

For the reasons given in the preamble,

we propose to revise Part 152 to Title 25

Chapter 1 of the Code of Federal

Regulations, as set forth below.

PART 152—ISSUANCE OF PATENTS

IN FEE, CERTIFICATES OF

COMPETENCY, REMOVAL OF

RESTRICTIONS, AND SALE OF

CERTAIN INDIAN LANDS

Sec.

152.1 What are the definitions of the terms

used in this part?

Issuing Patents in Fee, Certificates of

Competency, or Orders Removing

Restrictions

152.2 Who can apply for a patent in fee?

152.3 How do I apply for a patent in fee?

152.4 What happens when I apply for a

patent in fee?

152.5 Will patents in fee be issued to nonIndians and Indians with whom a special

relationship does not exist?

152.6 Who can apply for a certificate of

competency?

152.7 What happens when I apply for a

certificate of competency?

152.8 Can certain Osage Indian adults apply

for a certificate of competency?

152.9 Who can apply for an order removing

restrictions?

152.10 How do I apply for an order

removing restrictions?

152.11 What happens when I apply for an

order removing restrictions?

Order Removing Restrictions for Members

of the Five Civilized Tribes

152.12 If I am a member of the Five

Civilized Tribes, how do I apply for

removal of restrictions under authority

other than section 2(a) of the Act of

August 11, 1955?

152.13 If I am a member of the Five

Civilized Tribes, what happens when I

apply for removal of restrictions under

section 2(a) of the Act of August 11,

1955?

152.14 If I am a member of the Five

Civilized Tribes, can the restrictions be

removed from my land without an

application?

152.15 If I am a member of the Five

Civilized Tribes, what happens when a

removal of restrictions is issued to me

without an application?

152.16 If I am a member of the Five

Civilized Tribes, what is the effect of an

order removing restrictions from my land

under the Act of August 11, 1955 (69

Stat. 666)?

Sales, Exchanges, and Conveyances of

Trust or Restricted Lands

152.17 Can I sell, exchange, or otherwise

convey my Indian land?

152.18 Can a natural guardian or person

designated by the Secretary sell my

Indian land?

152.19 Can fiduciaries sell my Indian land?

152.20 Can the Secretary sell land owned

by more than one person?

152.21 Can a tribe sell or exchange tribal

land?

152.22 Is the Secretary’s approval necessary

to convey individual-owned trust or

restricted lands or lands owned by a

tribe?