1576 Federal Register / Vol. 66, No. 6 / Tuesday, January 9, 2001 / Rules and Regulations

that disclosure is necessary or appropriate to

effectuate the purposes of the Act.’’ See § 140.72(a).

14 5 U.S.C. 553(b) generally requires notice of

proposed rulemaking to be published in the Federal

Register. That provision states, however, that

except when notice or hearing is required by

statute, notice is not required for:

(A) * * * interpretative rules, general statements

of policy, or rules of agency organization, procedure

or practice; or

(B) when the agency for good cause finds (and

incorporates the finding and a brief statement of

reasons therefor in the rules issued) that notice and

public procedure thereon are impracticable,

unnecessary or contrary to the public interest.

determined to amend both rules to add

the Regional Counsel of the Division of

Enforcement as persons authorized in

appropriate cases to disclose certain

non-public information to other

governmental, judicial or market

authorities in carrying out his or her

duties. This authority will facilitate the

Commission’s ability to coordinate and

share information with other authorities

for regulatory oversight, fitness inquiries

and other regulatory purposes. In

addition, because the position of

Program Coordinator of the Division of

Enforcement no longer exists, the

Commission is also revising Rules

140.72(a) and 140.73(a) to remove the

delegations of authority provided

therein to the Program Coordinator of

the Division of Enforcement.

III. Related Matters

The Commission has determined that

these amendments relate solely to

agency organization, procedure and

practice. Therefore, the provisions of the

Administrative Procedure Act, which

generally require notice of proposed

rulemaking and provide other

opportunities for public participation,14

are not applicable. The Commission

further finds that, because the rules

have no adverse effect upon a member

of the public, and these changes are

being made solely for the purpose of

conforming the language of the

regulation to the language of the statute,

there is good cause to make them

effective immediately upon publication

in the Federal Register.

List of Subjects in 17 CFR Part 140

Authority delegations, organization,

functions and procedures of the

Commission.

In consideration of the foregoing and

pursuant to the authority contained in

the Act and, in particular, Sections 2(a),

8 and 8a, 7 U.S.C. 4a, 12 and 12a, the

Commission hereby amends Part 140 of

Chapter I of Title 17 of the Code of

Federal Regulations as follows:

PART 140—ORGANIZATION,

FUNCTIONS AND PROCEDURES OF

THE COMMISSION

1. The authority citation for Part 140

continues to read as follows:

Authority: 7 U.S.C. 4a and 12a.

2. Section 140.72 is amended by

revising paragraph (a) to read as follows:

§ 140.72 Delegation of authority to

disclose confidential information to a

contract market, registered futures

association or self-regulatory organization.

(a) Pursuant to the authority granted

under sections 2(a)(11), 8a(5) and 8a(6)

of the Act, the Commission hereby

delegates, until such time as the

Commission orders otherwise, to the

Executive Director, the Deputy

Executive Director, the Special Assistant

to the Executive Director, the Director of

the Division of Trading and Markets,

each Deputy Director of the Division of

Trading and Markets, the Chief

Accountant, the General Counsel, each

Deputy General Counsel, the Director of

the Division of Economic Analysis, each

Deputy Director of the Division of

Economic Analysis, the Director of the

Market Surveillance Section, the

Director of the Division of Enforcement,

each Deputy Director of the Division of

Enforcement, each Associate Director of

the Division of Enforcement, the Chief

Counsel of the Division of Enforcement,

each Regional Counsel of the Division of

Enforcement, each of the Regional

Coordinators, each of the Directors of

the Market Surveillance Branches, the

Director of the Office of International

Affairs, and the Deputy Director of the

Office of International Affairs, the

authority to disclose to an official of any

contract market, registered futures

association, or self-regulatory

organization as defined in section

3(a)(26) of the Securities Exchange Act

of 1934, any information necessary or

appropriate to effectuate the purposes of

the Act, including, but not limited to,

the full facts concerning any transaction

or market operation, including the

names of the parties thereto. This

authority to disclose shall be based on

a determination that the transaction or

market operation disrupts or tends to

disrupt any market or is otherwise

harmful or against the best interests of

producers, consumers, or investors or

that disclosure is necessary or

appropriate to effectuate the purposes of

the Act. The authority to make such a

determination is also delegated by the

Commission to the Commission

employees identified in this section. A

Commission employee delegated

authority under this section may

exercise that authority on his or her own

initiative or in response to a request by

an official of a contract market,

registered futures association or selfregulatory organization.

* * * * *

3. Section 140.73 is amended by

revising paragraph (a) introductory text

and paragraph (a)(1) to read as follows:

§ 140.73 Delegation of authority to

disclose information to United States,

States, and foreign government agencies

and foreign futures authorities.

(a) Pursuant to sections 2(a)(11), 8a(5)

and 8(e) of the Act, the Commission

hereby delegates, until such time as the

Commission orders otherwise, to the

General Counsel or, in his or her

absence, to each Deputy General

Counsel, the Director of the Division of

Enforcement, each Deputy Director of

the Division of Enforcement, the Chief

Counsel of the Division of Enforcement,

each Associate Director of the Division

of Enforcement, each Regional Counsel

of the Division of Enforcement, the

Director of the Division of Economic

Analysis or, in his or her absence, each

Deputy Director of the Division, the

Director of the Market Surveillance

Section, the Director of the Division of

Trading and Markets or, in his or her

absence, each Deputy Director of the

Division of Trading and Markets, and

the Director of the Office of

International Affairs or, in his or her

absence, the Deputy Director of the

Office of International Affairs, the

authority to furnish information in the

possession of the Commission obtained

in connection with the administration of

the Act, upon written request, to:

(1) Any department or agency of the

United States, including for this

purpose an independent regulatory

agency, acting within the scope of its

jurisdiction;

* * * * *

Issued in Washington, DC on January 4,

2001, by the Commission.

Catherine D. Dixon,

Assistant Secretary of the Commission.

[FR Doc. 01–595 Filed 1–8–01; 8:45 am]

BILLING CODE 6351–01–P

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 170

Distribution of Fiscal Year 2001 Indian

Reservation Roads Funds

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Temporary rule.

Federal Register / Vol. 66, No. 6 / Tuesday, January 9, 2001 / Rules and Regulations 1577

SUMMARY: We are issuing a temporary

rule requiring that we distribute 75

percent of fiscal year 2001 Indian

Reservation Roads (IRR) funds to

projects on or near Indian reservations

using the relative need formula. As we

did in fiscal year 2000, we are using the

Federal Highway Administration

(FHWA) Price Trends report for the

relative need formula distribution

process, with appropriate modifications

to address non-reporting states. In this

distribution we are reserving up to

$19.53 million to allow federally

recognized tribes to apply for $35,000

each for administrative capacity

building and other eligible

transportation activities for fiscal year

2001.

DATES: This temporary rule is effective

January 9, 2001 through September 30,

2001. We are requesting comments on or

before February 8, 2001.

ADDRESSES: Submit comments to LeRoy

Gishi, Chief, Division of Transportation,

Office of Trust Responsibilities, Bureau

of Indian Affairs, 1849 C Street, NW,

MS–4058–MIB, Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT:

LeRoy Gishi, Chief, Division of

Transportation, Office of Trust

Responsibilities, may be reached at 202–

208–4359 (phone), 202–208–4696 (fax),

or leroygishi@bia.gov (electronic mail).

SUPPLEMENTARY INFORMATION:

Background

Where Can I Find General Background

Information on the Indian Reservation

Roads Program, the Relative Need

Formula, the FHWA Price Trends

Report, and the Transportation Equity

Act for the 21st Century (TEA–21)

Negotiated Rulemaking Process?

The background information on the

IRR program, the relative need formula,

the FHWA Price Trends Report, and the

TEA–21 Negotiated Rulemaking process

is detailed in the Federal Register Notice

dated February 15, 2000 (65 FR 7431).

You may obtain additional information

on the IRR program web site at http://

www.irr.bia.gov.

What Was the Basis for Distribution of

Fiscal Year 2000 Funds?

For fiscal year 2000 IRR program

funds, the Secretary published two

interim rules distributing one-half of the

funds in February, 2000 and the second

half of the funds in June, 2000. This

distribution followed the TEA–21

Negotiated Rulemaking Committee’s

recommendation to the Secretary in

January, 2000 to distribute fiscal year

2000 IRR program funds under the

relative need formula used in 1998 and

1999 while continuing to develop

alternative formulas for comment. In

addition, we modified the Federal

Highway Administration Price Trends

Report indices to account for two nonreporting states.

What Is the Basis for Distribution of

Fiscal Year 2001 IRR Program Funds?

The Transportation Equity Act for the

21st Century provides that the Secretary

develop rules and a funding formula for

fiscal year 2000 and subsequent fiscal

years to implement the Indian

Reservation Roads program section of

the Act. The Negotiated Rulemaking

Committee created under Section 1115

of TEA–21 and comprised of

representatives of tribal governments

and the federal government has been

diligently working to develop a funding

formula that addresses the

Congressionally identified criteria,

Committee and tribal recommendations,

and is consistent with overall Federal

Indian Policy.

Permanent funding formula options

have been developed and agreed upon

by the Committee and tribal

representatives. These options will be

published at a later date in the Federal

Register for public comment. In the

meantime, there are about 1400 ongoing

road and bridge construction projects on

or near Indian reservations which need

fiscal year 2001 funding to continue or

complete work. Partially constructed

road and bridge projects could pose

safety threats. Other road and bridge

projects need to be planned or initiated

in this fiscal year.

This rule is published as a temporary

rule only for interim funding for fiscal

year 2001 and sets no precedent for the

final rule to be published as required by

Section 1115 of TEA–21. The TEA–21

Negotiated Rulemaking Committee

agrees that an interim funding formula

for fiscal year 2001 is needed. The

Committee expects to recommend the

publication of two alternative formulas

for public comment so that a final

permanent formula can be established

for the next fiscal year. The interim

formula for fiscal year 2001 will also

provide tribes with the critical resources

to develop inventory data, long-range

transportation plans, transportation

improvement programs and other

information necessary to distribute

funds under a new funding formula to

be put in place for fiscal year 2002 and

thereafter.

The TEA–21 Negotiated Rulemaking

Committee’s tribal caucus

recommended that the Secretary

distribute fiscal year 2001 funds on the

same basis as fiscal year 2000 funds,

including a provision for an

administrative capacity building setaside. Under a special Congressional

appropriation in fiscal year 2000, we

distributed $18.3 million for

transportation planning and the design

of deficient IRR bridges.

How Will the Secretary Distribute

Fiscal Year 2001 IRR Program Funds?

Upon publication of this rule, the

Secretary will distribute 75 percent

(approximately $169.5 million) of fiscal

year 2001 IRR program funds based on

the current relative need formula used

in fiscal year 2000, and the indices from

the FHWA Price Trends Report with

appropriate modifications for nonreporting states in the relative need

formula distribution process. In this

distribution we are reserving $19.53

million for federally recognized tribes

who apply for and have negotiated

contracts or agreements for up to

$35,000 for administrative capacity

building and other eligible

transportation activities under the IRR

program. Fiscal year 2001 funds will be

distributed to the twelve BIA regions

using this distribution process. The

remaining 25 percent of fiscal year 2001

IRR program funds will be distributed

under the same relative need formula as

the first 75 percent of the funds, after

comments are reviewed and any

necessary changes to the distribution are

made.

What Formula Components Are We

Using for Distribution of Fiscal Year

2001 Funds and How Are They Related?

The following diagram shows the

relationship between components for

fiscal year 2001 IRR program funds

distribution:

1578 Federal Register / Vol. 66, No. 6 / Tuesday, January 9, 2001 / Rules and Regulations

What Data Are We Using for the Interim

Distribution Funding Formula?

We are using the most current road

inventory data (June 2000) maintained

by the Bureau of Indian Affairs.

What Is the Purpose of Administrative

Capacity Building?

The primary purpose of

administrative capacity building is to

provide all tribes an opportunity to

participate in the IRR program by

updating transportation needs

inventories and performing other

transportation planning activities.

How Are We Distributing the Reserved

Administrative Capacity Building Funds

to the Twelve BIA Regions?

The administrative capacity building

funds are to be reserved at the BIA

Division of Transportation until the

application/award deadline is met. We

are distributing the reserved

administrative capacity building funds

($19.53 million) to the twelve BIA

regions based on the number of tribes in

the region that request to participate by

tribal resolution or other official action

of the tribe.

How Will We Provide Administrative

Capacity Building Funds to Tribes?

Any Federally recognized tribe may

apply to the appropriate BIA region for

administrative capacity building funds

under the Indian Self-Determination

and Educational Assistance Act (P.L.

93–638) no later than March 15, 2001.

How Will BIA Provide Administrative

Capacity Building Services to Direct

Service Tribes?

The BIA regions will provide

administrative capacity building

services to tribes in their regions that

request such services.

What Must a Self-Determination or SelfGovernance Tribe Provide in Its

Application to the BIA Region for

Administrative Capacity Building Funds

for Fiscal Year 2001?

A self-determination or selfgovernance tribe must make application

to the appropriate BIA Region by March

15, 2001 and must include:

(a) Scope of work; and

(b) Detailed budget not to exceed

$35,000; and

(c) Official tribal resolution or other

official action of the tribe requesting the

funds.

What Will BIA Do With Any Reserved

Funds That Have Not Been Awarded to

Tribes for Administrative Capacity

Building After August 15, 2001?

We will distribute the remaining

funds to the twelve BIA regions based

on the relative need formula discussed

in this rule. It is important that each

tribe submit its application for

administrative capacity building within

the established deadlines so that we can

make a timely reallocation of any

reserved funds that are not awarded by

August 15, 2001.

Are There Any Differences in the

Distribution of Fiscal Year 2001 IRR

Program Funds as Compared to the Two

Distributions of Fiscal Year 2000 IRR

Program Funds Under the First and

Second Temporary Rules Published in

February 2000 and June 2000?

The distribution of fiscal year 2001

IRR program funds are based on the

current relative need formula and the

FHWA Price Trends Report indices that

were used for the adjusted FY 2000

distribution. On February 15, 2000 the

Secretary partially distributed fiscal

year 2000 IRR program funds using the

relative need formula. In June, 2000, the

Secretary distributed the remaining

funds under the relative need formula

by modifying the FHWA price trend

report indices for two non-reporting

states, Washington and Alaska, that

impact tribes in those non-reporting

states. We are using the same

modification process for non-reporting

states for distribution of fiscal year 2001

IRR program funds. We are partially

distributing fiscal year 2001 IRR

program funds upon publication of this

rule (75 percent) and we will distribute

the remaining 25 percent of the funds

following the 30-day comment period.

In the first partial distribution of fiscal

Federal Register / Vol. 66, No. 6 / Tuesday, January 9, 2001 / Rules and Regulations 1579

year 2001 funds we are reserving $19.53

million for administrative capacity

building. Any federally recognized tribe

may apply for $35,000 for such

activities.

Why Does This Temporary Rule Not

Allow for Notice and Comment on the

First Partial Distribution of Fiscal Year

2001 IRR Program Funds, and Why Is It

Effective Immediately?

Under 5 U.S.C. 553(b)(3)(B), notice

and public procedure on the first partial

distribution under this rule are

impracticable, unnecessary, and

contrary to the public interest. In

addition, we have good cause for

making this temporary rule for

distribution of 75 percent of fiscal year

IRR program funds effective

immediately under 5 U.S.C. 553(d)(3).

Notice and public procedure would be

impracticable because of the urgent

need to distribute 75 percent of fiscal

year 2001 IRR program funds.

Approximately 1400 road and bridge

construction projects are at various

phases that require additional funds this

fiscal year to continue or complete

work, including 196 deficient bridges

and the construction of approximately

600 miles of roads. Fiscal year 2001 IRR

program funds will be used to design,

plan, and construct improvements (and,

in some cases, to reconstruct bridges).

Without this partial distribution of fiscal

year 2001 funds, tribal and BIA IRR

projects will be forced to cease activity,

placing projects and jobs in jeopardy.

Waiting for notice and comment on this

temporary rule would be contrary to the

public interest. In some of the BIA

regions, approximately 80 percent of the

roads in the IRR system (and the

majority of the bridges) are designated

school bus routes. Roads are essential

access to schools, jobs, and medical

services. Many of the priority tribal

roads are also emergency evacuation

routes and represent the only access to

tribal lands. Two-thirds of the road

miles in Indian country are unimproved

roads. Deficient bridges and roads are

health and safety hazards. Partially

constructed road and bridge projects

jeopardize the health and safety of the

traveling public. Further, over 200

projects currently in progress are

directly associated with environmental

protection and preservation of historic

and cultural properties. This temporary

rule is going into effect immediately

because of the urgent need for partially

distributing fiscal year 2001 funds to

continue these construction projects.

We are providing for a 30-day

comment period upon publication of

this temporary rule for comments on

distribution of the remaining 25 percent

of fiscal year 2001 IRR program funds.

We will review and consider comments

on distributing the remaining 25 percent

of fiscal year 2001 IRR program funds

before the second distribution.

Clarity of This Temporary Rule

Executive Order 12866 requires each

agency to write regulations that are easy

to understand. We invite your

comments on how to make this

temporary rule easier to understand,

including answers to questions such as

the following: (1) Are the requirements

in the temporary rule clearly stated? (2)

Does the temporary rule contain

technical language or jargon that

interferes with its clarity? (3) Does the

format of the temporary rule (grouping

and order of sections, paragraphing,

etc.) aid or reduce its clarity? (4) Is the

description of the temporary rule in the

SUPPLEMENTARY INFORMATION section of

the preamble helpful in understanding

the temporary rule? What else could we

do to make the temporary rule easier to

understand?

Regulatory Planning and Review

(Executive Order 12866)

Under the criteria in Executive Order

12866, this temporary rule is a

significant regulatory action because it

will have an annual effect of more than

$100 million on the economy. The total

amount available for distribution of

fiscal year 2001 IRR program funds is

approximately $226 million and we are

distributing approximately $169.5

million under this temporary rule.

Congress has already appropriated these

funds and FHWA has already allocated

them to BIA. The cost to the government

of distributing the IRR program funds,

especially under the relative need

formula with which the tribal

governments and tribal organizations

and the BIA are already familiar, is

negligible. The distribution of fiscal year

2001 IRR program funds does not

require tribal governments and tribal

organizations to expend any of their

own funds.

This temporary rule is consistent with

the policies and practices that currently

guide our distribution of IRR program

funds. This temporary rule continues to

adopt the relative need formula that we

have used since 1993, adjusting the

FHWA Price Trends Report indices for

states that do not have current data

reports.

This temporary rule will not create a

serious inconsistency or otherwise

interfere with an action taken or

planned by another Federal agency. The

FHWA has transferred the IRR program

funds to us and fully expects the BIA to

distribute the funds according to a

funding formula approved by the

Secretary. This temporary rule does not

alter the budgetary effects on any tribes

from any previous or any future

distribution of IRR program funds and

does not alter entitlement, grants, user

fees, or loan programs or the rights or

obligations of their recipients.

This temporary rule does not raise

novel legal or policy issues. It is based

on the relative need formula in use

since 1993. We are changing

determination of relative need only by

appropriately modifying the FHWA

Price Trend Report indices for states

that did not report data for the FHWA

Price Trends Report, just as we did for

the second partial distribution of fiscal

year 2000 IRR program funds.

Approximately 1400 road and bridge

construction projects are at various

phases that depend on this fiscal year’s

IRR program funds. Leaving these

ongoing projects unfunded will create

undue hardship on tribes and tribal

members. Lack of funding would also

pose safety threats by leaving partially

constructed road and bridge projects to

jeopardize the health and safety of the

traveling public. Thus, the benefits of

this rule far outweigh the costs. This

rule is consistent with the policies and

practices that currently guide our

distribution of IRR program funds. This

rule continues to adopt the relative need

formula that we have used since 1993.

Regulatory Flexibility Act

A Regulatory Flexibility analysis

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.) is not required for

this temporary rule because it applies

only to tribal governments, not State

and local governments.

Small Business Regulatory Enforcement

Fairness Act (SBREFA)

This rule is a major rule under 5

U.S.C. 804(2), the Small Business

Regulatory Enforcement Fairness Act,

because it has an annual effect on the

economy of $100 million or more. We

are distributing approximately $169.5

million under this temporary rule.

Congress has already appropriated these

funds and FHWA has already allocated

them to BIA. The cost to the government

of distributing the IRR program funds,

especially under the relative need

formula with which tribal governments,

tribal organizations, and the BIA are

already familiar, is negligible. The

distribution of the IRR program funds

does not require tribal governments and

tribal organizations to expend any of

their own funds.

This rule will not cause a major

increase in costs or prices for

consumers, individual industries,

1580 Federal Register / Vol. 66, No. 6 / Tuesday, January 9, 2001 / Rules and Regulations

Federal, State, or local government

agencies, or geographic regions. Actions

under this rule will distribute Federal

funds to Indian tribal governments and

tribal organizations for transportation

planning, road and bridge construction,

and road improvements.

This rule does not have significant

adverse effects on competition,

employment, investment, productivity,

innovation, or the ability of U.S.-based

enterprises to compete with foreignbased enterprises. In fact, actions under

this rule will provide a beneficial effect

on employment through funding for

construction jobs.

Unfunded Mandates Reform Act

Under the Unfunded Mandates

Reform Act (2 U.S.C. 1531 et seq.), this

temporary rule will not significantly or

uniquely affect small governments, or

the private sector. A Small Government

Agency Plan is not required.

This temporary rule will not produce

a federal mandate that may result in an

expenditure by State, local, or tribal

governments of $100 million or greater

in any year. The effect of this temporary

rule is to immediately provide 75

percent of fiscal year 2001 IRR program

funds to tribal governments for ongoing

IRR activities and construction projects.

Takings (Executive Order 12630)

With respect to Executive Order

12630, the rule does not have significant

takings implications since it involves no

transfer of title to any property. A

takings implication assessment is not

required.

Federalism (Exectuive Order 13132)

With respect to Executive Order

13132, the rule does not have significant

Federalism implications to warrant the

preparation of a Federalism Assessment.

This temporary rule should not affect

the relationship between State and

Federal governments because this rule

concerns administration of a fund

dedicated to IRR projects on or near

Indian reservations that has no effect on

Federal funding of state roads.

Therefore, the rule has no Federalism

effects within the meaning of Executive

Order 13132.

Civil Justice Reform (Executive Order

12988)

This rule does not unduly burden the

judicial system and meets the

requirements of sections 3(a) and 3(b)(2)

of Executive Order 12988. This rule

contains no drafting errors or ambiguity

and is clearly written to minimize

litigation, provide clear standards,

simplify procedures, and reduce

burden. This rule does not preempt any

statute. We are still pursuing the TEA–

21 mandated negotiated rulemaking

process. The rule is not retroactive with

respect to any funding from any

previous fiscal year (or prospective to

funding from any future fiscal year), but

applies only to 75 percent of fiscal year

2001 IRR program funding.

Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because this rule does not

impose record keeping or information

collection requirements or the collection

of information from offerors,

contractors, or members of the public

that require the approval of the Office of

Management and Budget under 44

U.S.C. 501 et seq. We already have all

of the necessary information to

implement this rule.

National Environmental Policy Act

This rule is categorically excluded

from the preparation of an

environmental assessment or an

environmental impact statement under

the National Environmental Policy Act

of 1969, 42 U.S.C. 4321 et seq., because

its environmental effects are too broad,

speculative, or conjectural to lend

themselves to meaningful analysis and

the road projects funded as a result of

this rule will be subject later to the

National Environmental Policy Act

process, either collectively or case-bycase. Further, no extraordinary

circumstances exist to require

preparation of an environmental

assessment or environmental impact

statement.

Government-to-Government

Relationship With Tribes

In accordance with the President’s

memorandum of May 14, 1998,

Consultation and Coordination with

Indian Tribal Governments (63 FR

27655) and 512 DM 2, we have

evaluated any potential effects upon

federally recognized Indian tribes and

have determined that this rule preserves

the integrity and consistency of the

relative need formula process we have

used since 1993. The only changes we

are making from previous years (which

we also made for fiscal year 2000 IRR

program funds (see Federal Register

Notice 65 FR 7431)) are to modify the

FHWA Price Trends Report indices for

non-reporting states which do not have

current price trends data reports. The

yearly FHWA Report is used as part of

the process to determine the cost-toimprove portion of the relative need

formula. Consultation with tribal

governments and tribal organizations is

ongoing as part of the TEA–21

negotiated rulemaking process and this

distribution uses the TEA–21 Negotiated

Rulemaking Committee’s tribal caucus

recommendation.

List of Subjects in 25 CFR Part 170

Highways and roads, Indians—lands.

For the reasons set out in the

preamble, we are temporarily amending

Part 170 in Chapter I of Title 25 of the

Code of Federal Regulations as follows.

PART 170—ROADS OF THE BUREAU

OF INDIAN AFFAIRS

1. The authority citation for part 170

continues to read as follows:

Authority: 36 Stat. 861; 78 Stat. 241, 253,

257; 45 Stat. 750 (25 U.S.C. 47; 42 U.S.C.

2000e(b), 2000e–2(i); 23 U.S.C. 101(a), 202,

204), unless otherwise noted.

2. Effective January 9, 2001 through

September 30, 2001, add § 170.4b to

read as follows:

§ 170.4b What formula will BIA use to

distribute 75 percent of fiscal year 2001

Indian Reservation Roads funds?

On January 9, 2001 we will distribute

75 percent of fiscal year 2001 IRR

program funds authorized under Section

1115 of the Transportation Equity Act

for the 21st Century, Public Law 105–

178, 112 Stat. 154. We will distribute

the funds to Indian Reservation Roads

projects on or near Indian reservations

using the relative need formula

established and approved in January

1993. The formula has been modified to

account for non-reporting states by

inserting the latest data reported for

those states for use in the relative need

formula process. In addition, we are

reserving $19.53 million of this

distribution to allow federally

recognized tribes to apply for $35,000

for administrative capacity building for

fiscal year 2001.

Dated: December 29, 2000.

Kevin Gover,

Assistant Secretary—Indian Affairs.

[FR Doc. 01–376 Filed 1–8–01; 8:45 am]

BILLING CODE 4310–02–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 95–054]

RIN 2115–AF17

Regattas and Marine Parades

AGENCY: Coast Guard, DOT.

ACTION: Final rule and withdrawal of

interim rule.