[Federal Register: April 16, 2001 (Volume 66, Number 73)]
[Proposed Rules]
[Page 19403]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap01-10]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 19403]]
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 151
Acquisition of Title to Land in Trust; Delay of Effective Date
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Delay of effective date of final rule; request for comments.
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SUMMARY: This action temporarily delays for 120 days the effective date
of the rule titled ``Acquisition of Title to Land in Trust,'' that we
published in the Federal Register on January 16, 2001. We are extending
the comment period in order to seek comments on whether the final rule
should be amended in whole or in part or withdrawn in whole or in part.
DATES: The effective date of the Acquisition of Title to Land Trust
rule, amending 25 CFR Part 151, published in the Federal Register of
Tuesday, February 20, 2001, at 68 FR 10815, is delayed from April 16,
2001, to August 13, 2001. Comments must be received by June 15, 2001.
ADDRESSES: Submit comments on whether the final rule should be amended
in whole or in part or withdrawn in whole or in part to: Terry Virden,
Director, Office of Trust Responsibilities, MS 4513-MIB, 1849 C Street
NW., Washington, DC 20240. You can also submit comments by electronic
mail to: TerryVirden@bia.gov.
FOR FURTHER INFORMATION CONTACT: Terry Virden, Director, Office of
Trust Responsibilities, Mail Stop: 4513-MIB, 1849 ``C'' Street NW.,
Washington, DC 20240; telephone 202-208-5831; electronic mail:
TerryVirden@bia.gov.
SUPPLEMENTARY INFORMATION: This action temporarily delays for 120 days
the effective date of the rule entitled ``Acquisition of Title to Land
in Trust,'' published in the Federal Register on January 16, 2001, at
66 FR 3452. On February 5, 2001, the Department published an extension
of the effective date of the amended rule from January 16, 2001, to
March 17, 2001. 66 FR 8899. On February 20, 2001, the Department
published a correction to the rule published on February 5th and
corrected the delay effective date to April 16, 2001. 66 FR 10815. This
document now extends the effective date of the final rule from April
16, 2001, an additional 120 days, to a new effective date of August 13,
2001, in order to seek comments on whether the final rule should be
amended in whole or in part or withdrawn in whole or in part.
During the extension of the effective date of the final rule to
April 16, the Department reviewed the rule and decided it should
solicit public comments on whether to amend the rule in whole or in
part or to withdraw the final rule in whole or in part. During this
120-day delay of the effective date of the final rule, the Department
will seek comments for 60 days on whether the final rule should be
withdrawn in whole or in part or amended in whole or in part. At the
end of the 120 days, the Department will evaluate the comments received
and make a determination on whether to amend the rule in whole or in
part or to withdraw the final rule in whole or in part. Given the
imminence of the effective date of the final rule, seeking prior public
comment on this temporary delay would have been impractical, as well as
contrary to the public interest in the orderly promulgation and
implementation of regulations.
To the extend that 5 U.S.C. section 553 applies to this action,
this extension of the comment period is exempt from notice and comment
because it constitutes a rule of procedure under 5 U.S.C. section
553(b)(A). Alternatively, the Department's extension of the comment
period without opportunity for public comment is based upon the good
cause exceptions in 5 U.S.C. sections 553(b)(3)(B) and 553(d)(3), in
that seeking public comment on the extension of the effective date is
impractical, unnecessary and contrary to the public interest.
Dated: April 11, 2001.
James McDivitt,
Deputy Assistant Secretary--Indian Affairs (Management).
[FR Doc. 01-9382 Filed 4-13-01; 8:45 am]
BILLING CODE 4310-02-M