97-6218. Special Education

[Federal Register Volume 62, Number 48 (Wednesday, March 12, 1997)]
[Rules and Regulations]
[Page 11324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6218]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 45

RIN 1076-AD16


Special Education

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Final rule.

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SUMMARY: The Bureau of Indian Affairs (BIA) is eliminating 25 CFR Part 
45--Special Education as mandated by Executive Order 12866 to 
streamline the regulatory process and enhance the planning and 
coordination of new and existing regulations.

EFFECTIVE DATE: April 11, 1997.

FOR FURTHER INFORMATION CONTACT: Kenneth Whitehorn at [phone], 
or Jim Martin at [phone] Bureau of Indian Affairs, Office of 
Indian Education Programs, MS-3512-MIB, OIE-23, 1849 C Street NW, 
Washington, DC 20240.

SUPPLEMENTARY INFORMATION: On July 2, 1996, at 61 FR 34399, the Bureau 
of Indian Affairs published a proposed rule to eliminate 25 CFR Part 
45--Special Education. This rule is no longer necessary, as it is 
repetitive of 34 CFR Chapter III, Parts 300--399, and the Bureau of 
Indian Affairs has an agreement with the Department of Education to use 
those regulations. Tribes have been notified through the BIA 
consultation meetings and by the publication of the proposed rule. 
There have been no objections to this elimination. The authority to 
issue rules 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.

Executive Order 12988

    The Department has certified to the Office of Management and Budget 
(OMB) that these proposed regulations meet 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 has not been reviewed 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.

Executive Order 12630

    The Department has determined that this rule does not have 
significant ``takings'' implications. The rule does not pertain to 
``taking'' of private property interests, nor does it affect 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 under 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 has been examined under the Paperwork Reduction Act of 
1995 and has been found to contain no information collection 
requirements.

List of Subjects in 25 CFR Part 45

    Education of individuals with disabilities, Special education.

PART 45--[REMOVED]

    Under the authority of Executive Order 12866 and for the reasons 
stated above, part 45 is removed from Chapter 1 of Title 25 of the 
United States Code of Federal Regualtions.

    Dated: March 4, 1997.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 97-6218 Filed 3-11-97; 8:45 am]
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