Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Proposed Rules 43199 

Defining the high-mount combination 

as an automobile transporter would 

trigger the use of the same length 

allowances that currently apply to a 

traditional automobile transporter. In 

doing so, Federal laws would govern the 

operation of this vehicle on certain 

roadways, and no State would be able 

to impose an overall length limitation of 

less than 65 feet or a front overhang 

limitation of less than 3 feet or a rear 

overhang limitation of less than 4 feet 

for this vehicle combination. 

Purpose of the Request 

The FHWA is requesting comments 

from affected stakeholders and the 

public regarding interpreting the 

statutory and regulatory language to 

include a high-mount, truck-tractorsemitrailer combination as an 

automobile transporter and treating the 

combination as specialized equipment. 

Comments are requested on the 

following questions related to defining a 

high-mount, truck-tractor-semitrailer 

combination as an automobile 

transporter: 

• How will the inclusion of a highmount, truck-tractor-semitrailer 

combination in the definition of 

automobile transporter impact the flow 

of Interstate commerce? 

• Are there safety issues with a highmount, truck-tractor-semitrailer 

combination as an automobile 

transporter as it relates to the operation 

of this vehicle configuration on the 

National Network? 

• What are implementation 

implications (e.g. roadside enforcement 

and changes to State laws) if Federal 

versus State laws would govern the 

operation of this vehicle configuration 

on the National Network? 

• What State laws are currently in 

place regarding a highmount, trucktractor-semitrailer combination? Please 

provide legal citations, if applicable. 

• Are there States that allow the highmount, truck-tractor-semitrailer 

combination to operate under the same 

length provisions as a traditional 

automobile transporter? 

• Is there any other information 

relating to safety, vehicle productivity, 

or infrastructure preservation relevant to 

these questions? 

Authority: 49 U.S.C. 31111 and Section 

411 of the Surface Transportation Assistance 

Act of 1982 (Pub. L. 97–424) 

Issued on: September 7, 2017. 

Brandye L. Hendrickson, 

Acting Administrator . 

[FR Doc. 2017–19516 Filed 9–13–17; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR Part 30 

[178A2100DD/AAKC001030/ 

A0A501010.999900 253G] 

Bureau of Indian Education Standards, 

Assessments, and Accountability 

System Negotiated Rulemaking 

Committee Establishment; 

Nominations 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Request for nominations and 

notice of intent to establish committee. 

SUMMARY: The U.S. Department of the 

Interior is announcing its intent to 

establish the Bureau of Indian 

Education (BIE) Standards, 

Assessments, and Accountability 

System Negotiated Rulemaking 

Committee (Committee) to advise the 

Secretary of the Interior (Secretary) 

through the BIE on a proposed rule to 

revise the Adequate Yearly Progress 

regulation and invite Tribes whose 

students attend BIE-funded schools 

operated by either the BIE or by the 

Tribe through a contract or grant who 

would be affected by the final rule to 

nominate a representative for 

membership on the Committee. The BIE 

also invites nominations for Committee 

members who will adequately represent 

the interests that are likely to be 

significantly affected by the proposed 

rule such as: Students enrolled, or 

parents of students enrolled at the 174 

BIE-funded schools, school teachers and 

administrators, Tribes, and Indian 

communities served by these schools. 

The BIE also solicits comments on the 

proposal to establish the Committee. 

DATES: Comments regarding the intent 

to establish this Committee and 

nominations for Committee members 

must be submitted no later than October 

16, 2017. 

ADDRESSES: Send written comments to 

Ms. Juanita Mendoza, Bureau of Indian 

Education, by any of the following 

methods: 

• (Preferred method) Email to: 

BIEcomments@bia.gov; 

• Mail, hand-carry or use an 

overnight courier service to Ms. Juanita 

Mendoza, Bureau of Indian Education, 

1849 C Street NW., Mail Stop 4657, 

Washington, DC 20240. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Juanita Mendoza, Bureau of Indian 

Education; telephone: (202) 208–3559. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In 2005, BIA promulgated regulations 

at 25 CFR part 30 that require BIE to use 

the accountability system of the State in 

which a BIE-funded school is located. 

There are BIE-funded schools in 23 

different States; and each State has its 

own accountability system. As a result, 

each State system produced student 

achievement data that cannot be directly 

compared with data from other States. 

This created problems for the BIE in 

identifying under-performing schools 

and in directing resources effectively. 

On November 9, 2015, BIE published 

a notice of intent requesting 

nominations for a negotiated rulemaking 

committee to recommend revisions to 

the existing regulations for BIE’s 

accountability system (80 FR 69161). In 

that notice of intent, the BIE solicited 

nominations from Tribes whose 

students attend BIE-funded schools 

operated either by the BIE or by the 

Tribe through a contract or grant, to 

nominate Tribal representatives to serve 

on the Committee and Tribal alternates 

to serve when the representative is 

unavailable. 

The Every Student Succeeds Act 

(ESSA), Pub. L. 114–95, then became 

law, requiring an update to the subject, 

scope, and issues that the Committee 

would address. On April 14, 2016 (81 

FR 22039), BIE announced its intent to 

expand the scope of the Committee and 

reopened the comment and nomination 

period, requesting comments and 

nominations by May 31, 2016. The 

request for nominations was extended 

on August 17, 2016 (81 FR 54768). On 

January 18, 2017 a notice of proposed 

membership, request for nomination 

and a request for comments was 

published (82 FR 5473). 

Taking into consideration the 

interests of the new Administration in 

participating in this process, the 

Department has decided that a new 

negotiated rulemaking process, as 

required by the ESEA, should begin. 

Under ESEA Section 8204(c)(2), as 

amended, Tribes have the authority to 

waive, in part or in whole, the 

definitions of standards, assessments, 

and accountability system established 

by the Secretary in accordance with this 

rulemaking. The BIE encourages Tribal 

self-determination in Native education; 

and where a Tribal governing body or 

school board determines it to be 

appropriate, encourages the 

development of alternative standards, 

assessments, or accountability systems. 

The Committee would be charged, 

consistent with ESEA Section 8204, 

with developing proposed regulations 

for implementation of the Secretary’s 


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responsibility to define standards, 

assessments, and an accountability 

system. These definitions will be 

implemented in the 2018–2019 school 

year. The final regulations will describe 

how to execute the Secretary’s 

responsibility to define the standards, 

assessments, and an accountability 

system consistent with ESEA Section 

1111, for schools funded by the BIE on 

a national, regional, or Tribal basis, as 

appropriate, taking into account the 

unique circumstances and needs of such 

schools and the students served by such 

schools. Additionally, the Committee 

will be asked to provide 

recommendations that encourage the 

exercise of the authority of Tribes to 

adopt their own standards, assessments, 

and an accountability system and also to 

provide recommendations on how BIE 

could best provide technical assistance 

under ESEA Section 8204(c)(3). 

II. Every Student Succeeds Act (ESSA) 

The ESSA reauthorizes and amends 

the ESEA. ESSA Section 8007 amends 

ESEA Section 8204, and directs the 

Secretary of the Interior, in consultation 

with the Secretary of Education, if so 

requested, to use a negotiated 

rulemaking process to develop 

regulations for implementation of the 

Secretary of the Interior’s obligation to 

define the standards, assessments, and 

an accountability system that will be 

utilized at BIE-funded schools. The 

regulations, along with any necessary 

revisions to part 30 generally, will 

replace the existing 25 CFR part 30 and 

will define the standards, assessments, 

and an accountability system consistent 

with ESEA, for BIE-funded schools on a 

national, regional, or Tribal basis. The 

regulations will be developed in a 

manner that considers the unique 

circumstances and needs of such 

schools and the students served by such 

schools. These definitions will be 

implemented in the 2018–2019 school 

year. 

ESEA Section 8204 also provides that 

if a Tribal governing body or school 

board of a BIE-funded school 

determines the requirements established 

by the Secretary of the Interior are 

inappropriate, they may waive, in part 

or in whole, such requirements. Where 

such requirements are waived, the 

Tribal governing body or school board 

shall, within 60 days, submit to the 

Secretary of the Interior a proposal for 

alternative standards, assessments, and 

an accountability system, if applicable, 

consistent with ESEA Section 1111. The 

proposal must take into account the 

unique circumstances and needs of the 

school or schools and the students 

served. The proposal will be approved 

by the Secretary of the Interior and the 

Secretary of Education, unless the 

Secretary of Education determines that 

the standards, assessments, and 

accountability system do not meet the 

requirements of ESEA Section 1111. 

Additionally, a Tribal governing body or 

school board of a BIE-funded school 

seeking a waiver may request, and the 

Secretary of the Interior and the 

Secretary of Education will provide, 

technical assistance. 

III. Statutory Authority 

This document is published in 

accordance with the Negotiated 

Rulemaking Act of 1996 (NRA) (5 U.S.C. 

561 et seq.); the Federal Advisory 

Committee Act (FACA) (5 U.S.C. 

Appendix 2); and the Elementary and 

Secondary Education Act of 1965 

(ESEA) (20 U.S.C. 6301 et seq.) 

IV. The Committee and Its Process 

In negotiated rulemaking, 

recommended provisions of a proposed 

rule are developed by a committee 

composed of at least one representative 

of the Federal Government and 

representatives of the interests that will 

be significantly affected by the rule. 

Decisions are made by consensus, 

which means unanimous concurrence 

among the interests represented on the 

Committee, unless the Committee agrees 

to define ‘‘consensus’’ to mean a general 

but not unanimous concurrence, or 

agrees upon another specified 

definition. 5 U.S.C. 562(2)(A) and (B). 

As part of the negotiated rulemaking 

process, the BIE has identified interests 

potentially affected by the rulemaking 

under consideration, including students 

enrolled at 174 BIE-funded schools, 

parents of such students, school 

administrators, Tribes, and the Indian 

communities served by these schools. 

By this notice of intent, the BIE is 

soliciting: (1) Comments on its proposal 

to form a negotiated rulemaking 

committee; and (2) nominations for 

Committee members who will 

adequately represent the interests that 

are likely to be significantly affected by 

the proposed rule. 

Following the receipt of nominations 

and comments, BIE will publish a 

second notice in the Federal Register 

with a list of persons to represent the 

interests that are likely to be 

significantly affected by the rule and the 

person or persons proposed to represent 

the BIE. Persons who will be 

significantly affected by the proposed 

rule and who believe that their interests 

will not be adequately represented by 

any person specified in that second 

Federal Register notice will be given an 

opportunity to apply or nominate 

another person for membership on the 

Committee to represent such interests 

with respect to the proposed rule. 

Following the second Federal 

Register notice and responses to it, BIE 

expects to establish the Committee. 

After the Committee reaches consensus 

on the recommended provisions of the 

proposed rule, as discussed in more 

detail below, the BIE will publish a 

proposed rule in the Federal Register. 

Under 5 U.S.C. 563, the head of the 

agency is required to determine that the 

use of the negotiated rulemaking 

procedure is in the public interest. 

In making such a determination, the 

agency head must consider certain 

factors. Taking these factors into 

account, the Secretary, through the 

authority delegated to the Assistant 

Secretary—Indian Affairs, has 

determined that a negotiated rulemaking 

is in the public interest because: 

1. A rule is needed. The ESEA directs 

the Secretary to conduct a negotiated 

rulemaking pursuant to the NRA. 

2. A limited number of identifiable 

interests will be significantly affected by 

the rule. The 174 BIE-funded schools, 

students enrolled at these schools, 

school teachers and administrators, 

Tribes, and Indian communities served 

by these schools will be significantly 

affected by this review and the 

recommendations made by this 

Committee. 

3. There is a reasonable likelihood 

that the Committee can be convened 

with a balanced representation of 

persons who can adequately represent 

the interests discussed in item 2, above, 

and who are willing to negotiate in good 

faith to attempt to reach a consensus on 

provisions of a proposed rule. 

4. There is a reasonable likelihood 

that the Committee will reach consensus 

on a proposed rule within a fixed period 

of time. 

5. The use of negotiated rulemaking 

will not delay the development of a 

proposed rule because time limits will 

be placed on the negotiation. We 

anticipate that these negotiations will 

expedite a proposed rule and ultimately 

the acceptance of a final rule. 

6. The BIE is making a commitment 

to ensure that the Committee has 

sufficient resources to complete its work 

in a timely fashion. 

7. The BIE, to the maximum extent 

possible and consistent with the legal 

obligations of the Agency, will use the 

consensus report of the Committee as 

the basis for a proposed rule for public 

notice and comment. 

V. Negotiated Rulemaking Procedures 

In compliance with FACA and NRA, 

the BIE will use the following 


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Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Proposed Rules 43201 

procedures and guidelines for this 

negotiated rulemaking. The BIE may 

modify them in response to comments 

received on this notice of intent or 

during the negotiation process. 

A. Committee Formation 

The Committee will be formed and 

operated in full compliance with the 

requirements of FACA and NRA, and 

specifically under the guidelines of its 

charter. 

B. Membership Responsibility 

The Committee is expected to meet 

approximately 3–5 times and will last 

2–3 days each. The initial meeting will 

be in person; some later meetings may 

be held by teleconference and/or web 

conference. The Committee’s work is 

expected to occur over the course of 6– 

12 months. However, the Committee 

may continue its work for up to two 

years. 

Because of the scope and complexity 

of the tasks at hand, Committee 

members must be able to invest 

considerable time and effort in the 

negotiated rulemaking process. 

Committee members must be able to 

attend all Committee meetings, work on 

Committee work groups, consult with 

their constituencies between Committee 

meetings, and negotiate in good faith 

toward a consensus on issues before the 

Committee. Because of the complexity 

of the issues under consideration, as 

well as the need for continuity, the 

Secretary reserves the right to replace 

any member who is unable to 

participate in the Committee’s meetings. 

Responsibility for expenses under 5 

U.S.C. 568(c) is as follows: 

Members of a negotiated rulemaking 

committee shall be responsible for their 

own expenses of participation in such 

committee, except that an Agency may, 

in accordance with Section 7(d) of the 

FACA, pay for a member’s reasonable 

travel and per diem expenses, expenses 

to obtain technical assistance, and a 

reasonable rate of compensation, if— 

1. Such member certifies a lack of 

adequate financial resources to 

participate in the Committee; and 

2. The agency determines that such 

member’s participation in the 

Committee is necessary to assure an 

adequate representation of the member’s 

interest. 

The BIE commits to pay the 

reasonable travel and per diem expenses 

of Committee members, if appropriate, 

under the NRA and Federal travel 

regulations. 

C. Composition of Committee 

The Secretary is seeking nominations 

for representatives to serve on the 

Committee who can represent the 

interests of students enrolled at the 174 

BIE-funded schools, parents of such 

students, school administrators, Tribes, 

and the Indian communities served by 

these schools, and who have a 

demonstrated ability to communicate 

well with groups about the interests 

they will represent. The Committee 

membership will consist of 

approximately 15, but not more than 25 

members in accordance with the NRA. 

Non-Federal Committee membership 

must: 

• Include only representatives of the 

interests described above; 

• Comply with the FACA. 

41 CFR 102–3.30 requires the 

membership of a FACA committee to be 

fairly balanced in its member in terms 

of the points of view represented and 

the functions to be performed. In 

making membership decisions, the 

Secretary shall consider whether the 

interest represented by a nominee will 

be affected significantly by the final 

products of the Committee, which may 

include report(s) and/or proposed 

regulations; whether that interest is 

already adequately represented by 

nominees; and whether the potential 

addition would adequately represent 

that interest. 

Federally registered lobbyists are 

ineligible to serve on all FACA and nonFACA boards, committees, or councils 

in an individual capacity. The term 

‘‘individual capacity’’ refers to 

individuals who are appointed to 

exercise their own individual best 

judgment on behalf of the government, 

such as when they are designated 

Special Government Employees, rather 

than being appointed to represent a 

particular interest. 

D. Administrative and Technical 

Support 

The BIE will provide sufficient 

administrative and technical resources 

for the Committee to complete its work 

in a timely fashion. The BIE, with the 

help of the facilitator, will prepare and 

provide a final report of any issues on 

which the Committee reaches 

consensus. 

E. Training and Organization 

At the first meeting of the Committee, 

a neutral facilitator will provide training 

on negotiated rulemaking, interest-based 

negotiations, and consensus-building. In 

addition, at the first meeting, Committee 

members will make organizational 

decisions concerning protocols, 

scheduling, and facilitation of the 

Committee. 

F. Interests Identified 

Under Section 562 of the NRA, 

‘‘interest’’ means, with respect to an 

issue or matter, multiple parties which 

have a similar point of view or which 

are likely to be affected in a similar 

manner.’ The BIE has identified the 

interests to be significantly affected by 

this new rule to include students 

enrolled at 174 BIE-funded schools, 

parents of such students, school 

administrators, Tribes, and the Indian 

communities served by these schools. 

The BIE is accepting comments 

identifying other interests that may be 

significantly affected by the final 

products of the Committee, which may 

include report(s) and/or proposed 

regulations, until the date listed in the 

DATES section of this notice of intent. 

VI. Nominations 

The BIE solicits nominations from 

representatives of the interests 

identified above and an alternate to 

serve when the representative is 

unavailable. 

Each nomination is expected to 

include a nomination for a primary 

representative and an alternate who can 

fulfill the obligations of membership 

should the primary representative be 

unable to attend. The Committee 

membership should reflect a diversity of 

interests, and nominees should only be 

of representatives and alternates who 

will: 

• Have knowledge of school 

standards, assessments and 

accountability systems; 

• Have relevant experience as past or 

present superintendents, principals, 

teachers, or school board members; 

• Be able to coordinate, to the extent 

possible, with other interests who may 

not be represented on the Committee; 

• Be able to represent one or more of 

the specified interests with the authority 

to embody the views of that interest, 

communicate with interested 

constituents, and have a clear means to 

reach agreement on behalf of the 

interest(s); 

• Be able to negotiate effectively on 

behalf of the interest(s) represented; 

• Be able to commit the time and 

effort required to attend and prepare for 

meetings; and 

• Be able to collaborate among 

diverse parties in a consensus-seeking 

process. 

The BIE will consider nominations for 

representatives only if they are 

nominated through the process 

identified in this Notice of Intent. The 

BIE will not consider any nominations 

that we receive in any other manner. If 

you submitted a nomination in response 


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43202 Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Proposed Rules 

to previous notices (80 FR 69161; 81 FR 

22039; 81 FR 54768; 82 FR 5473) you 

must submit a new nomination package. 

Previous applications will not be 

considered. The BIE will not consider 

nominations for Federal representatives. 

Only the Secretary may nominate 

Federal employees to the Committee. 

Nominations must include the 

following information about each 

nominee: 

(1) A current letter from the entity 

representing one of the interest(s) 

identified supporting the nomination of 

the individual to serve as a 

representative for the Committee; 

(2) A resume reflecting the nominee’s 

qualifications and experience in Indian 

education; resume to include the 

nominee’s name, Tribal affiliation (if 

applicable), job title, major job duties, 

employer, business address, business 

telephone and fax numbers (and 

business email address, if applicable); 

(3) The interest(s) to be represented by 

the nominee (see section V, part F) and 

whether the nominee will represent 

other interest(s) related to this 

rulemaking; and 

(4) A brief description of how the 

nominee will represent the views of the 

identified interest(s), communicate with 

constituents, and have a clear means to 

reach agreement on behalf of the 

interest(s) they are representing. 

(5) A statement on whether the 

nominee is only representing one 

interest or whether the expectation is 

that the nominee represents a specific 

group of interests. 

To be considered, nominations must 

be received by the close of business on 

the date listed in the DATES section, at 

the location indicated in the ADDRESSES

section. 

Public Availability of Comments: 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

VII. Certification 

For the above reasons, I hereby certify 

that the Bureau of Indian Education 

Standards, Assessments, and 

Accountability System Negotiated 

Rulemaking Committee is in the public 

interest. 

Authority: 20 U.S.C. 6301; 5 U.S.C. 561; 5 

U.S.C. Appendix 2. 

Dated: September 1, 2017. 

Michael S. Black, 

Acting Assistant Secretary—Indian Affairs. 

[FR Doc. 2017–19111 Filed 9–13–17; 8:45 am] 

BILLING CODE 4337–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2017–0130; FRL–9967–68– 

Region 9] 

Revisions to California State 

Implementation Plan; Bay Area Air 

Quality Management District; Emission 

Reduction Credit Banking 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing action on a 

revision to the Bay Area Air Quality 

Management District (BAAQMD or 

District) portion of the California State 

Implementation Plan (SIP). We are 

proposing a conditional approval of one 

rule. This revision consists of updates to 

provisions governing the issuance and 

banking of Emission Reduction Credits 

for use in the review and permitting of 

major sources and major modifications 

under part D of title I of the Clean Air 

Act (CAA). We are taking comments on 

this proposal and plan to follow with a 

final action. 

DATES: Any comments must arrive by 

October 16, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2017–0130 at https://

www.regulations.gov, or via email to 

R9AirPermits@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be removed or edited from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Laura Yannayon, EPA Region 9, (415) 

972–3534, yannayon.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rule did the State submit? 

B. What is the existing BAAQMD rule 

governing banking of Emission 

Reduction Credits in the California SIP? 

C. What is the purpose of this proposed 

rule? 

II. EPA’s Evaluation 

A. How is EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

III. Proposed Action and Public Comment 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rule did the State submit? 

On April 22, 2013, the California Air 

Resources Board (CARB) submitted an 

amended rule, BAAQMD Regulation 2, 

Rule 4 (Rule 2–4), for approval as a 

revision to the BAAQMD portion of the 

California SIP under the CAA. 

Regulation 2 contains the District’s air 

quality permitting programs. Rule 2–4 

contains requirements applicable to the 

banking of Emission Reduction Credits 

(ERCs) for use in the District’s air 

quality permitting programs. 

Table 1 lists the rule addressed by this 

proposal with the dates that it was 

adopted by BAAQMD and submitted to 

the EPA by CARB, which is the 

governor’s designee for California SIP 

submittals. 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS