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42298 Federal Register / Vol. 72, No.

148 / Thursday, August 2, 2007 / Rules and Regulations

§ 26.2654–1 Certain trusts treated as CFR part or section where Current OMB ■ Accordingly, subchapter M of title 32
separate trusts. identified and described Control No. of the Code of Federal Regulations, is
* * * * * amended to add part 229 to read as
(b) * * * follows:
(4) Examples. * * * * * * * *
1.1001–1 ............................... 1545–1902 PART 229—PROTECTION OF
Example 3. Formula severance. T’s will
establishes a testamentary marital trust ARCHAEOLOGICAL RESOURCES:
* * * * *
(Trust) that meets the requirements of 26.2642–6 ............................. 1545–1902
UNIFORM REGULATIONS
qualified terminable interest property (QTIP)
Sec.
if an election under section 2056(b)(7) is * * * * * 229.1 Purpose.
made. Trust provides that all trust income is 26.2654–1 ............................. 1545–1902 229.2 Authority.
to be paid to T’s spouse for life. On the 229.3 Definitions.
spouse’s death, the trust corpus is to be held * * * * * 229.4 Prohibited acts and criminal
in further trust for the benefit of T’s then- penalties.
living descendants. On T’s date of death in 229.5 Permit requirements and exceptions.
January of 2004, T’s unused GST tax Linda E. Stiff,
229.6 Application for permits and
exemption is $1,200,000, and T’s will Acting Deputy Commissioner for Services and information collection.
includes $200,000 of bequests to T’s Enforcement. 229.7 Notification to Indian tribes of
grandchildren. Prior to the due date for filing Approved: July 24, 2007. possible harm to, or destruction of, sites
the Form 706, ‘‘United States Estate (and Eric Solomon, on public lands having religious or
Generation-Skipping Transfer) Tax Return,’’ cultural importance.
for T’s estate, T’s executor, pursuant to Assistant Secretary of the Treasury (Tax
Policy). 229.8 Issuance of permits.
applicable state law, divides Trust into two 229.9 Terms and conditions of permits.
separate trusts, Trust 1 and Trust 2. Trust 1 [FR Doc. E7–14852 Filed 8–1–07; 8:45 am]
229.10 Suspension and revocation of
is to be funded with that fraction of the Trust BILLING CODE 4830–01–P permits.
assets, the numerator of which is $1,000,000, 229.11 Appeals relating to permits.
and the denominator of which is the value 229.12 Relationship to section 106 of the
of the Trust assets as finally determined for National Historic Preservation Act.
federal estate tax purposes. Trust 2 is to be DEPARTMENT OF DEFENSE
229.13 Custody of archaeological resources.
funded with that fraction of the Trust assets, 229.14 Determination of archaeological or
the numerator of which is the excess of the Office of the Secretary
commercial value and cost of restoration
Trust assets over $1,000,000, and the and repair.
denominator of which is the value of the 32 CFR Part 229 229.15 Assessment of civil penalties.
Trust assets as finally determined for federal 229.16 Civil penalty amounts.
estate tax purposes. On the Form 706 filed for Protection of Archaeological 229.17 Other penalties and rewards.
the estate, T’s executor makes a QTIP Resources: Uniform Regulations 229.18 Confidentiality of archaeological
election under section 2056(b)(7) with resource information.
respect to Trust 1 and Trust 2 and a ‘‘reverse’’ AGENCY: Department of Defense. 229.19 Report.
QTIP election under section 2652(a)(3) with ACTION: Final rule. 229.20 Public awareness programs.
respect to Trust 1. Further, T’s executor 229.21 Surveys and schedules.
allocates $200,000 of T’s available GST tax SUMMARY: This rule reinstates 32 CFR
Note: The information collection and
exemption to the bequests to T’s part 229, ‘‘Protection of Archaeological
reporting requirements in this part were
grandchildren, and the balance of T’s Resources: Uniform Regulations,’’ approved by the Office of Management and
exemption ($1,000,000) to Trust 1. If the which was inadvertently removed by Budget under control number 1024–0037.
requirements of paragraph (b) of this section the Department of Defense in 2006.
are otherwise satisfied, Trust 1 and Trust 2
Except for certain formatting updates, Authority: Pub. L. 96–95, 93 Stat. 721, as
are recognized as separate trusts for GST tax amended, 102 Stat. 2983 (16 U.S.C. 470aa–
purposes. Accordingly, the ‘‘reverse’’ QTIP the requirements in this document are
consistent with those removed in 2006. mm) Sec. 10(a). Related Authority: Pub. L.
election and allocation of GST tax exemption 59–209, 34 Stat. 225 (16 U.S.C. 432, 433);
with respect to Trust 1 are recognized and DATES: Effective Date: This rule is Pub. L. 86–523, 74 Stat. 220, 221 (16 U.S.C.
effective for generation-skipping transfer tax effective August 2, 2007. 469), as amended, 88 Stat. 174 (1974); Pub.
purposes. L. 89–665, 80 Stat. 915 (16 U.S.C. 470a–t), as
FOR FURTHER INFORMATION CONTACT: Ms.
(c) Cross reference. For rules Maureen Sullivan, OSD, 703 604 5419, amended, 84 Stat. 204 (1970), 87 Stat. 139
applicable to the qualified severance of Maureen.sullivan@osd.mil. (1973), 90 Stat. 1320 (1976), 92 Stat. 3467
trusts (whether or not includible in the (1978), 94 Stat. 2987 (1980); Pub. L. 95–341,
SUPPLEMENTARY INFORMATION: On Friday, 92 Stat. 469 (42 U.S.C. 1996).
transferor’s gross estate), see § 26.2642– March 10, 2006 (71 FR 12280), the
6. Department of Defense removed 32 CFR § 229.1 Purpose.
part 229. This was done because the (a) The regulations in this part
PART 602—OMB CONTROL NUMBERS implement provisions of the
corresponding DoD issuance, DoD
UNDER THE PAPERWORK Archaeological Resources Protection Act
Directive 4710.1, was canceled and
REDUCTION ACT of 1979, as amended (16 U.S.C. 470aa–
removed from the DoD Directives
■ Par. 7. The authority citation for part System. The current corresponding mm) by establishing the uniform
602 continues to read as follows: issuance is DoD Instruction 4715.3, definitions, standards, and procedures
Environmental Conservation Program, to be followed by all Federal land
Authority: 26 U.S.C. 7805. issued May 3, 1996. managers in providing protection for
■ Par. 8. In § 602.101, paragraph (b) is archaeological resources, located on
List of Subjects in 32 CFR Part 229 public lands and Indian lands of the
amended by adding entries in numerical
Administrative practice and United States. These regulations enable
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order to the table to read as follows:


procedure, Historic preservation, Federal land managers to protect
§ 602.101 OMB Control numbers. Indians—lands, Penalties, Public lands, archaeological resources, taking into
* * * * * Reporting and recordkeeping consideration provisions of the
(b) * * * requirements. American Indian Religious Freedom Act

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Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Rules and Regulations 42299

(92 Stat. 469; 42 U.S.C. 1996), through to paragraph (a)(4) or (a)(5) of this affect the Federal land manager’s
permits authorizing excavation and/or section: obligations under other applicable laws
removal of archaeological resources, (i) Surface or subsurface structures, or regulations.
through civil penalties for unauthorized shelters, facilities, or features (6) For the disposition following
excavation and/or removal, through (including, but not limited to, domestic lawful removal or excavations of Native
provisions for the preservation of structures, storage structures, cooking American human remains and ‘‘cultural
archaeological resource collections and structures, ceremonial structures, items’’, as defined by the Native
data, and through provisions for artificial mounds, earthworks, American Graves Protection and
ensuring confidentiality of information fortifications, canals, reservoirs, Repatriation Act (NAGPRA; Pub. L.
about archaeological resources when horticultural/agricultural gardens or 101–601; 104 Stat. 3050; 25 U.S.C.
disclosure would threaten the fields, bedrock mortars or grinding 3001–13), the Federal land manager is
archaeological resources. surfaces, rock alignments, cairns, trails, referred to NAGPRA and its
(b) The regulations in this part do not borrow pits, cooking pits, refuse pits, implementing regulations.
impose any new restrictions on burial pits or graves, hearths, kilns, post (b) Arrowhead means any projectile
activities permitted under other laws, molds, wall trenches, middens); point which appears to have been
authorities, and regulations relating to (ii) Surface or subsurface artifact designed for use with an arrow.
mining, mineral leasing, reclamation, concentrations or scatters; (c) Federal land manager means:
and other multiple uses of the public (iii) Whole or fragmentary tools, (1) With respect to any public lands,
lands. implements, containers, weapons and the secretary of the department, or the
weapon projectiles, clothing, and head of any other agency or
§ 229.2 Authority. ornaments (including, but not limited instrumentality of the United States,
(a) The regulations in this part are to, pottery and other ceramics, cordage, having primary management authority
promulgated pursuant to section 10(a) of basketry and other weaving, bottles and over such lands, including persons to
the Archaeological Resources Protection other glassware, bone, ivory, shell, whom such management authority has
Act of 1979 (16 U.S.C. 470ii), which metal, wood, hide, feathers, pigments, been officially delegated;
requires that the Secretaries of the and flaked, ground, or pecked stone); (2) In the case of Indian lands, or any
Interior, Agriculture and Defense and (iv) By-products, waste products, or public lands with respect to which no
the Chairman of the Board of the debris resulting from manufacture or department, agency or instrumentality
Tennessee Valley Authority jointly use of human-made or natural materials; has primary management authority,
develop uniform rules and regulations (v) Organic waste (including, but not such term means the Secretary of the
for carrying out the purposes of the Act. limited to, vegetal and animal remains, Interior;
coprolites); (3) The Secretary of the Interior, when
(b) In addition to the regulations in
(vi) Human remains (including, but the head of any other agency or
this part, section 10(b) of the Act (16
not limited to, bone, teeth, mummified instrumentality has, pursuant to section
U.S.C. 470ii) provides that each Federal
flesh, burials, cremations); 3(2) of the Act and with the consent of
land manager shall promulgate such
(vii) Rock carvings, rock paintings, the Secretary of the Interior, delegated
rules and regulations, consistent with
intaglios and other works of artistic or to the Secretary of the Interior the
the uniform rules and regulations in this
symbolic representation; responsibilities (in whole or in part) in
part, as may be necessary for carrying
(viii) Rockshelters and caves or this part.
out the purposes of the Act. (d) Public lands means:
portions thereof containing any of the
§ 229.3 Definitions. above material remains; (1) Lands which are owned and
(ix) All portions of shipwrecks administered by the United States as
As used for purposes of this part:
(including, but not limited to, part of the national park system, the
(a) Archaeological resource means national wildlife refuge system, or the
armaments, apparel, tackle, cargo);
any material remains of human life or (x) Any portion or piece of any of the national forest system; and
activities which are at least 100 years of foregoing. (2) All other lands the fee title to
age, and which are of archaeological (4) The following material remains which is held by the United States,
interest. shall not be considered of except lands on the Outer Continental
(1) Of archaeological interest means archaeological interest, and shall not be Shelf, lands under the jurisdiction of the
capable of providing scientific or considered to be archaeological Smithsonian Institution, and Indian
humanistic understandings of past resources for purposes of the Act and lands.
human behavior, cultural adaptation, this part, unless found in a direct (e) Indian lands means lands of
and related topics through the physical relationship with Indian tribes, or Indian individuals,
application of scientific or scholarly archaeological resources as defined in which are either held in trust by the
techniques such as controlled this section: United States or subject to a restriction
observation, contextual measurement, (i) Paleontological remains; against alienation imposed by the
controlled collection, analysis, (ii) Coins, bullets, and unworked United States, except for subsurface
interpretation and explanation. minerals and rocks. interests not owned or controlled by an
(2) Material remains means physical (5) The Federal land manager may Indian tribe or Indian individual.
evidence of human habitation, determine that certain material remains, (f) Indian tribe as defined in the Act
occupation, use, or activity, including in specified areas under the Federal means any Indian tribe, band, nation, or
the site, location, or context in which land manager’s jurisdiction, and under other organized group or community,
such evidence is situated. specified circumstances, are not or are including any Alaska village or regional
(3) The following classes of material no longer of archaeological interest and or village corporation as defined in, or
remains (and illustrative examples), if are not to be considered archaeological established pursuant to, the Alaska
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they are at least 100 years of age, are of resources under this part. Any Native Claims Settlement Act (85 Stat.
archaeological interest and shall be determination made pursuant to this 688). In order to clarify this statutory
considered archaeological resources subparagraph shall be documented. definition for purposes of this part,
unless determined otherwise pursuant Such determination shall in no way ‘‘Indian tribe’’ means:

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42300 Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Rules and Regulations

(1) Any tribal entity which is sum of $500.00, such person will be archaeological resources on Indian
included in the annual list of recognized fined not more than $20,000.00 or lands, an individual tribal member shall
tribes published in the Federal Register imprisoned not more than two years, or be required to obtain a permit under this
by the Secretary of the Interior pursuant both. In the case of a second or part;
to 25 CFR part 54; subsequent such violation upon (4) No permit shall be required under
(2) Any other tribal entity conviction such person will be fined not this part for any person to carry out any
acknowledged by the Secretary of the more than $100,000.00, or imprisoned archaeological activity authorized by a
Interior pursuant to 25 CFR part 54 not more than 5 years, or both. permit issued under section 3 of the Act
since the most recent publication of the of June 8, 1906 (16 U.S.C. 432), before
§ 229.5 Permit requirements and
annual list; and the enactment of the Archaeological
exceptions.
(3) Any Alaska Native village or Resources Protection Act of 1979. Such
regional or village corporation as (a) Any person proposing to excavate
and/or remove archaeological resources permit shall remain in effect according
defined in or established pursuant to the to its terms and conditions until
Alaska Native Claims Settlement Act (85 from public lands or Indian lands, and
to carry out activities associated with expiration.
Stat. 688), and any Alaska Native village
or tribe which is recognized by the such excavation and/or removal, shall (5) No permit shall be required under
Secretary of the Interior as eligible for apply to the Federal land manager for a section 3 of the Act of June 8, 1906 (16
services provided by the Bureau of permit for the proposed work, and shall U.S.C. 432) for any archaeological work
Indian Affairs. not begin the proposed work until a for which a permit is issued under this
(g) Person means an individual, permit has been issued. The Federal part.
corporation, partnership, trust, land manager may issue a permit to any (c) Persons carrying out official
institution, association, or any other qualified person, subject to appropriate agency duties under the Federal land
private entity, or any officer, employee, terms and conditions, provided that the manager’s direction, associated with the
agent, department, or instrumentality of person applying for a permit meets management of archaeological
the United States, or of any Indian tribe, conditions in § 229.8(a) of this part. resources, need not follow the permit
or of any State or political subdivision (b) Exceptions: application procedures of § 229.6.
(1) No permit shall be required under However, the Federal land manager
thereof.
(h) State means any of the fifty states, this part for any person conducting shall insure that provisions of § 229.8
the District of Columbia, Puerto Rico, activities on the public lands under and § 229.9 have been met by other
Guam, and the Virgin Islands. other permits, leases, licenses, or documented means, and that any
(i) Act means the Archaeological entitlements for use, when those official duties which might result in
Resources Protection Act of 1979 (16 activities are exclusively for purposes harm to or destruction of any Indian
U.S.C. 470aa–mm). other than the excavation and/or tribal religious or cultural site, as
removal of archaeological resources, determined by the Federal land
§ 229.4 Prohibited acts and criminal even though those activities might manager, have been the subject of
penalties. incidentally result in the disturbance of consideration under § 229.7.
(a) Under section 6(a) of the Act, no archaeological resources. General earth-
person may excavate, remove, damage, moving excavation conducted under a (d) Upon the written request of the
or otherwise alter or deface, or attempt permit or other authorization shall not Governor of any State, on behalf of the
to excavate, remove, damage, or be construed to mean excavation and/or State or its educational institutions, the
otherwise alter or deface any removal as used in this part. This Federal land manager shall issue a
archaeological resource located on exception does not, however, affect the permit, subject to the provisions of
public lands or Indian lands unless such Federal land manager’s responsibility to §§ 229.5(b)(5), 229.7, 229.8(a)(3), (4), (5),
activity is pursuant to a permit issued comply with other authorities which (6), and (7), 229.9, 229.10, 229.12, and
under § 229.8 or exempted by § 229.5(b) protect archaeological resources prior to 229.13(a) to such Governor or to such
of this part. approving permits, leases, licenses, or designee as the Governor deems
(b) No person may sell, purchase, entitlements for use; any excavation qualified to carry out the intent of the
exchange, transport, or receive any and/or removal of archaeological Act, for purposes of conducting
archaeological resource, if such resource resources required for compliance with archaeological research, excavating and/
was excavated or removed in violation those authorities shall be conducted in or removing archaeological resources,
of: accordance with the permit and safeguarding and preserving any
(1) The prohibitions contained in requirements of this part. materials and data collected in a
paragraph (a) of this section; or (2) No permit shall be required under university, museum, or other scientific
(2) Any provision, rule, regulation, this part for any person collecting for or educational institution approved by
ordinance, or permit in effect under any private purposes any rock, coin, bullet, the Federal land manager.
other provision of Federal law. or mineral which is not an (e) Under other statutory, regulatory,
(c) Under section (d) of the Act, any archaeological resource as defined in or administrative authorities governing
person who knowingly violates or this part, provided that such collecting the use of public lands and Indian
counsels, procures, solicits, or employs does not result in disturbance of any lands, authorizations may be required
any other person to violate any archaeological resource. for activities which do not require a
prohibition contained in section 6 (a), (3) No permit shall be required under permit under this part. Any person
(b), or (c) of the Act will, upon this part or under section 3 of the Act wishing to conduct on public lands or
conviction, be fined not more than of June 8, 1906 (16 U.S.C. 432), for the Indian lands any activities related to but
$10,000.00 or imprisoned not more than excavation or removal by any Indian believed to fall outside the scope of this
one year, or both: provided, however, tribe or member thereof of any part should consult with the Federal
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that if the commercial or archaeological archaeological resource located on land manager, for the purpose of
value of the archaeological resources Indian lands of such Indian tribe, except determining whether any authorization
involved and the cost of restoration and that in the absence of tribal law is required, prior to beginning such
repair of such resources exceeds the regulating the excavation or removal or activities.

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Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Rules and Regulations 42301

§ 229.6 Application for permits and institution, or willingness to assume meet with official representatives of any
information collection. curatorial responsibility for the Indian tribe or group to discuss their
(a) Any person may apply to the collections, if applicable, and/or the interests, including ways to avoid or
appropriate Federal land manager for a records, data, photographs, and other mitigate potential harm or destruction
permit to excavate and/or remove documents derived from the proposed such as excluding sites from the permit
archaeological resources from public work. area. Any mitigation measures which
lands or Indian lands and to carry out (c) The Federal land manager may are adopted shall be incorporated into
activities associated with such require additional information, the terms and conditions of the permit
excavation and/or removal. pertinent to land management under § 229.9.
(b) Each application for a permit shall responsibilities, to be included in the (4) When the Federal land manager
include: application for permit and shall so determines that a permit applied for
(1) The nature and extent of the work inform the applicant. under this part must be issued
proposed, including how and why it is (d) Paperwork Reduction Act. The immediately because of an imminent
proposed to be conducted, proposed information collection requirement threat of loss or destruction of an
time of performance, locational maps, contained in this section of these archaeological resource, the Federal
and proposed outlet for public written regulations has been approved by the land manager shall so notify the
dissemination of the results. Office of Management and Budget under appropriate tribe.
(2) The name and address of the 44 U.S.C. 3501 et seq. and assigned (b)(1) In order to identify sites of
individual(s) proposed to be responsible clearance number 1024–0037. The religious or cultural importance, the
for conducting the work, institutional purpose of the information collection is Federal land manager shall seek to
affiliation, if any, and evidence of to meet statutory and administrative identify all Indian tribes having
education, training, and experience in requirements in the public interest. The aboriginal or historic ties to the lands
accord with the minimal qualifications information will be used to assist under the Federal land manager’s
listed in § 229.8(a). Federal land managers in determining jurisdiction and seek to determine, from
(3) The name and address of the the chief executive officer or other
that applicants for permits are qualified,
individual(s), if different from the designated official of any such tribe, the
that the work proposed would further
individual(s) named in paragraph (b)(2) location and nature of specific sites of
archaeological knowledge, that
of this section, proposed to be religious or cultural importance so that
archaeological resources and associated
responsible for carrying out the terms such information may be on file for land
records and data will be properly
and conditions of the permit. management purposes. Information on
preserved, and that the permitted
(4) Evidence of the applicant’s ability sites eligible for or included in the
activity would not conflict with the
to initiate, conduct, and complete the National Register of Historic Places may
management of the public lands
proposed work, including evidence of be withheld from public disclosure
involved. Response to the information
logistical support and laboratory pursuant to section 304 of the Act of
requirement is necessary in order for an
facilities. October 15, 1966, as amended (16 U.S.C.
(5) Where the application is for the applicant to obtain a benefit.
470w–3).
excavation and/or removal of § 229.7 Notification to Indian tribes of (2) If the Federal land manager
archaeological resources on public possible harm to, or destruction of, sites on becomes aware of a Native American
lands, the names of the university, public lands having religious or cultural group that is not an Indian tribe as
museum, or other scientific or importance. defined in this part but has aboriginal or
educational institution in which the (a) If the issuance of a permit under historic ties to public lands under the
applicant proposes to store all this part may result in harm to, or Federal land manager’s jurisdiction, the
collections, and copies of records, data, destruction of, any Indian tribal Federal land manager may seek to
photographs, and other documents religious or cultural site on public communicate with official
derived from the proposed work. lands, as determined by the Federal representatives of that group to obtain
Applicants shall submit written land manager, at least 30 days before information on sites they may consider
certification, signed by an authorized issuing such a permit the Federal land to be of religious or cultural importance.
official of the institution, of willingness manager shall notify any Indian tribe (3) The Federal land manager may
to assume curatorial responsibility for which may consider the site as having enter into agreement with any Indian
the collections, records, data, religious or cultural importance. Such tribe or other Native American group for
photographs and other documents and notice shall not be deemed a disclosure determining locations for which such
to safeguard and preserve these to the public for purposes of section 9 tribe or group wishes to receive notice
materials as property of the United of the Act. under this section.
States. (1) Notice by the Federal land (4) The Federal land manager should
(6) Where the application is for the manager to any Indian tribe shall be sent also seek to determine, in consultation
excavation and/or removal of to the chief executive officer or other with official representatives of Indian
archaeological resources on Indian designated official of the tribe. Indian tribes or other Native American groups,
lands, the name of the university, tribes are encouraged to designate a what circumstances should be the
museum, or other scientific or tribal official to be the focal point for subject of special notification to the
educational institution in which the any notification and discussion between tribe or group after a permit has been
applicant proposes to store copies of the tribe and the Federal land manager. issued. Circumstances calling for
records, data, photographs, and other (2) The Federal land manager may notification might include the discovery
documents derived from the proposed provide notice to any other Native of human remains. When circumstances
work, and all collections in the event American group that is known by the for special notification have been
the Indian owners do not wish to take Federal land manager to consider sites determined by the Federal land
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custody or otherwise dispose of the potentially affected as being of religious manager, the Federal land manager will
archaeological resources. Applicants or cultural importance. include a requirement in the terms and
shall submit written certification, signed (3) Upon request during the 30-day conditions of permits, under § 229.9(c),
by an authorized official of the period, the Federal land manager may for permittees to notify the Federal land

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manager immediately upon the management of the public lands including the time, duration, scope,
occurrence of such circumstances. concerned; location, and purpose of the work;
Following the permittee’s notification, (4) Where the proposed work consists (2) The name of the individual(s)
the Federal land manager will notify of archaeological survey and/or data responsible for conducting the work
and consult with the tribe or group as recovery undertaken in accordance with and, if different, the name of the
appropriate. In cases involving Native other approved uses of the public lands individual(s) responsible for carrying
American human remains and other or Indian lands, and the proposed work out the terms and conditions of the
‘‘cultural items’’, as defined by has been agreed to in writing by the permit;
NAGPRA, the Federal land manager is Federal land manager pursuant to (3) The name of any university,
referred to NAGPRA and its section 106 of the National Historic museum, or other scientific or
implementing Preservation Act (16 U.S.C. 470f), educational institutions in which any
paragraphs (a) (2) and (a) (3) shall be collected materials and data shall be
§ 229.8 Issuance of permits. deemed satisfied by the prior approval. deposited; and
(a) The Federal land manager may (5) Written consent has been obtained, (4) Reporting requirements.
issue a permit, for a specified period of for work proposed on Indian lands, from (b) The Federal land manager may
time appropriate to the work to be the Indian landowner and the Indian specify such terms and conditions as
conducted, upon determining that: tribe having jurisdiction over such deemed necessary, consistent with this
(1) The applicant is appropriately lands; part, to protect public safety and other
qualified, as evidenced by training, (6) Evidence is submitted to the values and/or resources, to secure work
education, and/or experience, and Federal land manager that any areas, to safeguard other legitimate land
possesses demonstrable competence in university, museum, or other scientific uses, and to limit activities incidental to
archaeological theory and methods, and or educational institution proposed in work authorized under a permit.
in collecting, handling, analyzing, the application as the repository (c) The Federal land manager shall
evaluating, and reporting archaeological possesses adequate curatorial capability include in permits issued for
data, relative to the type and scope of for safeguarding and preserving the archaeological work on Indian lands
the work proposed, and also meets the archaeological resources and all such terms and conditions as may be
following minimum qualifications: associated records; and requested by the Indian landowner and
(i) A graduate degree in anthropology (7) The applicant has certified that, the Indian tribe having jurisdiction over
or archaeology, or equivalent training not later than 90 days after the date the the lands, and for archaeological work
and experience; final report is submitted to the Federal on public lands shall include such
(ii) The demonstrated ability to plan, land manager, the following will be terms and conditions as may have been
equip, staff, organize, and supervise delivered to the appropriate official of developed pursuant to § 229.7.
activity of the type and scope proposed; the approved university, museum, or (d) Initiation of work or other
(iii) The demonstrated ability to carry other scientific or educational activities under the authority of a permit
research to completion, as evidenced by institution, which shall be named in the signifies the permittee’s acceptance of
timely completion of theses, research permit: the terms and conditions of the permit.
reports, or similar documents; (i) All artifacts, samples, collections, (e) The permittee shall not be released
(iv) Completion of at least 16 months and copies of records, data, from requirements of a permit until all
of professional experience and/or photographs, and other documents outstanding obligations have been
specialized training in archaeological resulting from work conducted under satisfied, whether or not the term of the
field, laboratory, or library research, the requested permit where the permit permit has expired.
administration, or management, is for the excavation and/or removal of (f) The permittee may request that the
including at least 4 months experience archaeological resources from public Federal land manager extend or modify
and/or specialized training in the kind lands. a permit.
of activity the individual proposes to (ii) All artifacts, samples and (g) The permittee’s performance under
conduct under authority of a permit; collections resulting from work under any permit issued for a period greater
and the requested permit for which the than 1 year shall be subject to review by
(v) Applicants proposing to engage in custody or disposition is not undertaken the Federal land manager, at least
historical archaeology should have had by the Indian owners, and copies of annually.
at least one year of experience in records, data, photographs, and other
research concerning archaeological documents resulting from work § 229.10 Suspension and revocation of
resources of the historic period. permits.
conducted under the requested permit,
Applicants proposing to engage in where the permit is for the excavation (a) Suspension or revocation for
prehistoric archaeology should have had and/or removal of archaeological cause. (1) The Federal land manager
at least one year of experience in resources from Indian lands. may suspend a permit issued pursuant
research concerning archaeological (b) When the area of the proposed to this part upon determining that the
resources of the prehistoric period. work would cross jurisdictional permittee has failed to meet any of the
(2) The proposed work is to be boundaries, so that permit applications terms and conditions of the permit or
undertaken for the purpose of furthering must be submitted to more than one has violated any prohibition of the Act
archaeological knowledge in the public Federal land manager, the Federal land or § 229.4. The Federal land manager
interest, which may include but need manager shall coordinate the review and shall provide written notice to the
not be limited to, scientific or scholarly evaluation of applications and the permittee of the suspension, the cause
research, and preservation of issuance of permits. thereof, and the requirements which
archaeological data; must be met before the suspension will
(3) The proposed work, including § 229.9 Terms and conditions of permits. be removed.
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time, scope, location, and purpose, is (a) In all permits issued, the Federal (2) The Federal land manager may
not inconsistent with any management land manager shall specify: revoke a permit upon assessment of a
plan or established policy, objectives, or (1) The nature and extent of work civil penalty under § 229.15 upon the
requirements applicable to the allowed and required under the permit, permittee’s conviction under section 6

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of the Act, or upon determining that the scientific or educational institutions, (3) Ground contour reconstruction
permittee has failed after notice under when such resources have been and surface stabilization;
this section to correct the situation excavated or removed from public lands (4) Research necessary to carry out
which led to suspension of the permit. under the authority of a permit issued reconstruction or stabilization;
(b) Suspension or revocation for by the Federal land manager. (5) Physical barriers or other
management purposes. The Federal (e) Notwithstanding the provisions of protective devices, necessitated by the
land manager may suspend or revoke a paragraphs (a) through (d) of this disturbance of the archaeological
permit, without liability to the United section, the Federal land manager will resource, to protect it from further
States, its agents, or employees, when follow the procedures required by disturbance;
continuation of work under the permit NAGPRA and its implementing (6) Examination and analysis of the
would be in conflict with management regulations for determining the archaeological resource including
requirements not in effect when the disposition of Native American human recording remaining archaeological
permit was issued. The Federal land remains and other ‘‘cultural items’’, as information, where necessitated by
manager shall provide written notice to defined by NAGPRA, that have been disturbance, in order to salvage
the permittee stating the nature of and excavated, removed, or discovered on remaining values which cannot be
basis for the suspension or revocation. public lands. otherwise conserved;
§ 229.11 Appeals relating to permits.
(7) Reinterment of human remains in
§ 229.14 Determination of archaeological
or commercial value and cost of restoration
accordance with religious custom and
Any affected person may appeal State, local, or tribal law, where
permit issuance, denial of permit and repair.
appropriate, as determined by the
issuance, suspension, revocation, and (a) Archaeological value. For Federal land manager.
terms and conditions of a permit purposes of this part, the archaeological (8) Preparation of reports relating to
through existing administrative appeal value of any archaeological resource any of the above activities.
procedures, or through procedures involved in a violation of the
which may be established by the prohibitions in § 229.4 of this part or § 229.15 Assessment of civil penalties.
Federal land manager pursuant to conditions of a permit issued pursuant (a) The Federal land manager may
section 10(b) of the Act and this part. to this part shall be the value of the assess a civil penalty against any person
information associated with the who has violated any prohibition
§ 229.12 Relationship to section 106 of the archaeological resource. This value shall
National Historic Preservation Act. contained in § 229.4 or who has violated
be appraised in terms of the costs of the any term or condition included in a
Issuance of a permit in accordance retrieval of the scientific information permit issued in accordance with the
with the Act and this part does not which would have been obtainable prior Act and this part.
constitute an undertaking requiring to the violation. These costs may (b) Notice of violation. The Federal
compliance with section 106 of the Act include, but need not be limited to, the land manager shall serve a notice of
of October 15, 1966 (16 U.S.C. 470f). cost of preparing a research design, violation upon any person believed to
However, the mere issuance of such a conducting field work, carrying out be subject to a civil penalty, either in
permit does not excuse the Federal land laboratory analysis, and preparing person or by registered or certified mail
manager from compliance with section reports as would be necessary to realize (return receipt requested). The Federal
106 where otherwise required. the information potential. land manager shall include in the
§ 229.13 Custody of archaeological (b) Commercial value. For purposes of notice:
resources. this part, the commercial value of any (1) A concise statement of the facts
(a) Archaeological resources archaeological resource involved in a believed to show a violation;
excavated or removed from the public violation of the prohibitions in § 229.4 (2) A specific reference to the
lands remain the property of the United of this part or conditions of a permit provision(s) of this part or to a permit
States. issued pursuant to this part shall be its issued pursuant to this part allegedly
(b) Archaeological resources fair market value. Where the violation violated;
excavated or removed from Indian lands has resulted in damage to the (3) The amount of penalty proposed to
remain the property of the Indian or archaeological resource, the fair market be assessed, including any initial
Indian tribe having rights of ownership value should be determined using the proposal to mitigate or remit where
over such resources. condition of the archaeological resource appropriate, or a statement that notice of
(c) The Secretary of the Interior may prior to the violation, to the extent that a proposed penalty amount will be
promulgate regulations providing for the its prior condition can be ascertained. served after the damages associated with
exchange of archaeological resources (c) Cost of restoration and repair. For the alleged violation have been
among suitable universities, museums, purposes of this part, the cost of ascertained;
or other scientific or educational restoration and repair of archaeological (4) Notification of the right to file a
institutions, for the ultimate disposition resources damaged as a result of a petition for relief pursuant to paragraph
of archaeological resources, and for violation of prohibitions or conditions (d) of this section, or to await the
standards by which archaeological pursuant to this part, shall be the sum Federal land manager’s notice of
resources shall be preserved and of the costs already incurred for assessment, and to request a hearing in
maintained, when such resources have emergency restoration or repair work, accordance with paragraph (g) of this
been excavated or removed from public plus those costs projected to be section. The notice shall also inform the
lands and Indian lands. necessary to complete restoration and person of the right to seek judicial
(d) In the absence of regulations repair, which may include, but need not review of any final administrative
referenced in paragraph (c) of this be limited to, the costs of the following: decision assessing a civil penalty.
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section, the Federal land manager may (1) Reconstruction of the (c) The person served with a notice of
provide for the exchange of archaeological resource; violation shall have 45 calendar days
archaeological resources among suitable (2) Stabilization of the archaeological from the date of its service (or the date
universities, museums, or other resource; of service of a proposed penalty amount,

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if later) in which to respond. During this (1) The facts and conclusions from request for appeal has been filed with a
time the person may: which it was determined that a violation U.S. District Court as provided in
(1) Seek informal discussions with the did occur; section 7(b)(1) of the Act.
Federal land manager; (2) The basis in § 229.16 for (2) Upon failure to pay the penalty,
(2) File a petition for relief in determining the penalty amount the Federal land manager may request
accordance with paragraph (d) of this assessed and/or any offer to mitigate or the Attorney General to institute a civil
section; remit the penalty; and action to collect the penalty in a U.S.
(3) Notification of the right to request District Court for any district in which
(3) Take no action and await the a hearing, including the procedures to
Federal land manager’s notice of the person assessed a civil penalty is
be followed, and to seek judicial review found, resides, or transacts business.
assessment; of any final administrative decision Where the Federal land manager is not
(4) Accept in writing or by payment assessing a civil penalty. represented by the Attorney General, a
the proposed penalty, or any mitigation (g) Hearings. (1) Except where the civil action may be initiated directly by
or remission offered in the notice. right to request a hearing is deemed to the Federal land manager.
Acceptance of the proposed penalty or have been waived as provided in (j) Other remedies not waived.
mitigation or remission shall be deemed paragraph (c)(4) of this section, the Assessment of a penalty under this
a waiver of the notice of assessment and person served with a notice of section shall not be deemed a waiver of
of the right to request a hearing under assessment may file a written request for the right to pursue other available legal
paragraph (g) of this section. a hearing with the adjudicatory body or administrative remedies.
(d) Petition for relief. The person specified in the notice. The person shall
served with a notice of violation may enclose with the request for hearing a § 229.16 Civil penalty amounts.
request that no penalty be assessed or copy of the notice of assessment, and (a) Maximum amount of penalty. (1)
that the amount be reduced, by filing a shall deliver the request as specified in Where the person being assessed a civil
petition for relief with the Federal land the notice of assessment, personally or penalty has not committed any previous
manager within 45 calendar days of the by registered or certified mail (return violation of any prohibition in § 229.4 or
date of service of the notice of violation receipt requested). of any term or condition included in a
(or of a proposed penalty amount, if (2) Failure to deliver a written request permit issued pursuant to this part, the
later). The petition shall be in writing for a hearing within 45 days of the date maximum amount of the penalty shall
and signed by the person served with of service of the notice of assessment be the full cost of restoration and repair
the notice of violation. If the person is shall be deemed a waiver of the right to of archaeological resources damaged
a corporation, the petition must be a hearing. plus the archaeological or commercial
signed by an officer authorized to sign (3) Any hearing conducted pursuant value of archaeological resources
such documents. The petition shall set to this section shall be held in destroyed or not recovered.
forth in full the legal or factual basis for accordance with 5 U.S.C. 554. In any
(2) Where the person being assessed a
the requested relief. such hearing, the amount of civil
civil penalty has committed any
(e) Assessment of penalty. (1) The penalty assessed shall be determined in
previous violation of any prohibition in
Federal land manager shall assess a civil accordance with this part, and shall not
§ 229.4 or of any term or condition
penalty upon expiration of the period be limited by the amount assessed by
included in a permit issued pursuant to
for filing a petition for relief, upon the Federal land manager under
this part, the maximum amount of the
completion of review of any petition paragraph (f) of this section or any offer
penalty shall be double the cost of
filed, or upon completion of informal of mitigation or remission made by the
restoration and repair plus double the
discussions, whichever is later. Federal land manager.
(h) Final administrative decision. (1) archaeological or commercial value of
(2) The Federal land manager shall archaeological resources destroyed or
Where the person served with a notice
take into consideration all available not recovered.
of violation has accepted the penalty
information, including information (3) Violations limited to the removal
pursuant to paragraph (c)(4) of this
provided pursuant to paragraphs (c) and of arrowheads located on the surface of
section, the notice of violation shall
(d) of this section or furnished upon the ground shall not be subject to the
constitute the final administrative
further request by the Federal land penalties prescribed in this section.
decision;
manager. (2) Where the person served with a (b) Determination of penalty amount,
(3) If the facts warrant a conclusion notice of assessment has not filed a mitigation, and remission. The Federal
that no violation has occurred, the timely request for a hearing pursuant to land manager may assess a penalty
Federal land manager shall so notify the paragraph (g)(1) of this section, the amount less than the maximum amount
person served with a notice of violation, notice of assessment shall constitute the of penalty and may offer to mitigate or
and no penalty shall be assessed. (4) final administrative decision; remit the penalty.
Where the facts warrant a conclusion (3) Where the person served with a (1) Determination of the penalty
that a violation has occurred, the notice of assessment has filed a timely amount and/or a proposal to mitigate or
Federal land manager shall determine a request for a hearing pursuant to remit the penalty may be based upon
penalty amount in accordance with paragraph (g)(1) of this section, the any of the following factors:
§ 229.16. decision resulting from the hearing or (i) Agreement by the person being
(f) Notice of assessment. The Federal any applicable administrative appeal assessed a civil penalty to return to the
land manager shall notify the person therefrom shall constitute the final Federal land manager archaeological
served with a notice of violation of the administrative decision. resources removed from public lands or
penalty amount assessed by serving a (i) Payment of penalty. (1) The person Indian lands;
written notice of assessment, either in assessed a civil penalty shall have 45 (ii) Agreement by the person being
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person or by registered or certified mail calendar days from the date of issuance assessed a civil penalty to assist the
(return receipt requested). The Federal of the final administrative decision in Federal land manager in activity to
land manager shall include in the notice which to make full payment of the preserve, restore, or otherwise
of assessment: penalty assessed, unless a timely contribute to the protection and study of

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archaeological resources on public lands § 229.18 Confidentiality of archaeological actions taken pursuant to section 14 of
or Indian lands; resource information. the Act.
(iii) Agreement by the person being (a) The Federal land manager shall
§ 229.20 Public awareness programs.
assessed a civil penalty to provide not make available to the public, under
information which will assist in the subchapter II of chapter 5 of title 5 of (a) Each Federal land manager will
detection, prevention, or prosecution of the U.S. Code or any other provision of establish a program to increase public
violations of the Act or this part; law, information concerning the nature awareness of the need to protect
and location of any archaeological important archaeological resources
(iv) Demonstration of hardship or located on public and Indian lands.
inability to pay, provided that this factor resource, with the following exceptions:
(1) The Federal land manager may Educational activities required by
shall only be considered when the section 10(c) of the Act should be
person being assessed a civil penalty make information available, provided
that the disclosure will further the incorporated into other current agency
has not been found to have previously public education and interpretation
violated the regulations in this part; purposes of the Act and this part, or the
Act of June 27, 1960, as amended (16 programs where appropriate.
(v) Determination that the person (b) Each Federal land manager
being assessed a civil penalty did not U.S.C. 469–469c), without risking harm
to the archaeological resource or to the annually will submit to the Secretary of
willfully commit the violation; the Interior the relevant information on
site in which it is located.
(vi) Determination that the proposed public awareness activities required by
penalty would constitute excessive (2) The Federal land manager shall
section 10(c) of the Act for inclusion in
punishment under the circumstances; make information available, when the
the comprehensive report on activities
Governor of any State has submitted to
(vii) Determination of other mitigating required by section 13 of the Act.
the Federal land manager a written
circumstances appropriate to request for information, concerning the § 229.21 Surveys and schedules.
consideration in reaching a fair and archaeological resources within the
expeditious assessment. (a) The Secretaries of the Interior,
requesting Governor’s State, provided Agriculture, and Defense and the
(2) When the penalty is for a violation that the request includes: Chairman of the Board of the Tennessee
on Indian lands, the Federal land (i) The specific archaeological Valley Authority will develop plans for
manager shall consult with and consider resource or area about which surveying lands under each agency’s
the interests of the Indian landowner information is sought; control to determine the nature and
and the Indian tribe having jurisdiction (ii) The purpose for which the extent of archaeological resources
over the Indian lands prior to proposing information is sought; and pursuant to section 14(a) of the Act.
to mitigate or remit the penalty. (iii) The Governor’s written Such activities should be consistent
(3) When the penalty is for a violation commitment to adequately protect the with Federal agency planning policies
which may have had an effect on a confidentiality of the information. and other historic preservation program
known Indian tribal religious or cultural (b) [Reserved] responsibilities required by 16 U.S.C.
site on public lands, the Federal land 470 et seq. Survey plans prepared under
manager should consult with and § 229.19 Report.
this section will be designed to comply
consider the interests of the affected (a) Each Federal land manager, when with the purpose of the Act regarding
tribe(s) prior to proposing to mitigate or requested by the Secretary of the the protection of archaeological
remit the penalty. Interior, will submit such information as resources.
is necessary to enable the Secretary to (b) The Secretaries of the Interior,
§ 229.17 Other penalties and rewards.
comply with section 13 of the Act and Agriculture, and Defense and the
(a) Section 6 of the Act contains comprehensively report on activities Chairman of the Tennessee Valley
criminal prohibitions and provisions for carried out under provisions of the Act. Authority will prepare schedules for
criminal penalties. Section 8(b) of the (b) The Secretary of the Interior will surveying lands under each agency’s
Act provides that archaeological include in the annual comprehensive control that are likely to contain the
resources, vehicles, or equipment report, submitted to the Committee on most scientifically valuable
involved in a violation may be subject Interior and Insular Affairs of the United archaeological resources pursuant to
to forfeiture. States House of Representatives and to section 14(b) of the Act. Such schedules
(b) Section 8(a) of the Act provides for the Committee on Energy and Natural will be developed based on objectives
rewards to be made to persons who Resources of the United States Senate and information identified in survey
furnish information which leads to under section 13 of the Act, information plans described in paragraph (a) of this
conviction for a criminal violation or to on public awareness programs section and implemented systematically
assessment of a civil penalty. The submitted by each Federal land manager to cover areas where the most
Federal land manager may certify to the under § 229.20(b). Such submittal will scientifically valuable archaeological
Secretary of the Treasury that a person fulfill the Federal land manager’s resources are likely to exist.
is eligible to receive payment. Officers responsibility under section 10(c) of the (c) Guidance for the activities
and employees of Federal, State, or local Act to report on public awareness undertaken as part of paragraphs (a)
government who furnish information or programs. through (b) of this section is provided
render service in the performance of (c) The comprehensive report by the by the Secretary of the Interior’s
their official duties, and persons who Secretary of the Interior also will Standards and Guidelines for
have provided information under include information on the activities Archeology and Historic Preservation.
§ 229.16(b)(1)(iii) shall not be certified carried out under section 14 of the Act. (d) Other Federal land managing
eligible to receive payment of rewards. Each Federal land manager, when agencies are encouraged to develop
(c) In cases involving Indian lands, all requested by the Secretary, will submit plans for surveying lands under their
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civil penalty monies and any item any available information on surveys jurisdictions and prepare schedules for
forfeited under the provisions of this and schedules and suspected violations surveying to improve protection and
section shall be transferred to the in order to enable the Secretary to management of archaeological
appropriate Indian or Indian tribe. summarize in the comprehensive report resources.

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42306 Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Rules and Regulations

(e) The Secretaries of the Interior, docket CGD05–07–025 and are available Discussion of Comments and Changes
Agriculture, and Defense and the for inspection or copying at Commander The Coast Guard did not receive any
Chairman of the Tennessee Valley (dpb), Fifth Coast Guard District, comments on the NPRM. Therefore, no
Authority will develop a system for Federal Building, 1st Floor, 431 changes were made to the final rule.
documenting and reporting suspected Crawford Street, Portsmouth, VA
violations of the various provisions of 23704–5004 between 8 a.m. and 4 p.m., Discussion of Rule
the Act. This system will reference a set Monday through Friday, except Federal The Coast Guard is amending 33 CFR
of procedures for use by officers, holidays. The Fifth Coast Guard District 117.579, which governs the Main Street
employees, or agents of Federal agencies maintains the public docket for this and U.S. 50 Bridges, by revising the
to assist them in recognizing violations, rulemaking. paragraph to read that the draws shall
documenting relevant evidence, and FOR FURTHER INFORMATION CONTACT: open on signal if at least four hours
reporting assembled information to the Waverly W. Gregory, Jr., Bridge notice is given by calling the telephone
appropriate authorities. Methods Administrator, Fifth Coast Guard contact number at (410) 430–7461.
employed to document and report such District, at (757) 398–6222. Under this revision, there will no longer
violations should be compatible with be closure periods. All vessels will be
SUPPLEMENTARY INFORMATION:
existing agency reporting systems for required to provide at least four hours
documenting violations of other Regulatory History notice.
appropriate Federal statutes and On April 5, 2007, we published a
regulations. Summary information to be Regulatory Evaluation
notice of proposed rulemaking (NPRM)
included in the Secretary’s entitled ‘‘Drawbridge Operation This rule is not a ‘‘significant
comprehensive report will be based Regulations; Wicomico River (North regulatory action’’ under section 3(f) of
upon the system developed by each Prong), Salisbury, MD’’ in the Federal Executive Order 12866, Regulatory
Federal land manager for documenting Register (72 FR 16752). We received no Planning and Review, and does not
suspected violations. comments on the proposed rule. No require an assessment of potential costs
Dated: July 25, 2007. public meeting was requested, and none and benefits under section 6(a)(3) of that
L.M. Bynum, was held. Order. The Office of Management and
Alternate OSD Federal Register Liaison Budget has not reviewed it under that
Background and Purpose Order. It is not ‘‘significant’’ under the
Officer, DoD.
[FR Doc. E7–14811 Filed 8–1–07; 8:45 am] The State Highway Administration regulatory policies and procedures of
BILLING CODE 5001–06–P
(SHA), a division under MDOT, is the Department of Homeland Security
responsible for the operation of both the (DHS).
Main Street and U.S. 50 Bridges, at mile This conclusion is based on the fact
DEPARTMENT OF HOMELAND 22.4, across Wicomico River in that these changes have only a minimal
SECURITY Salisbury. SHA requested advance impact on maritime traffic transiting the
notification for vessel openings and a bridges. Mariners will no longer have to
Coast Guard reduction in draw tender services due to wait for closure periods to end, which
the infrequency of requests for vessel will allow them to plan their trips
33 CFR Part 117 openings of the drawbridges. without requiring a stop, so long as the
The Main Street and U.S. 50 Bridges four hour notice is provided. ′′
[CGD05–07–025] have vertical clearances of four feet,
Small Entities
RIN 1625–AA09 above mean high water, in the closed-
to-navigation position. The existing Under the Regulatory Flexibility Act
Drawbridge Operation Regulations; operating regulations for these (5 U.S.C. 601–612), we have considered
Wicomico River (North Prong), drawbridges are set out in 33 CFR whether this rule would have a
Salisbury, MD § 117.579, which requires the draws to significant economic impact on a
open on signal, except from 7 a.m. to 9 substantial number of small entities.
AGENCY: Coast Guard, DHS. The term ‘‘small entities’’ comprises
a.m., from 12 noon to 1 p.m. and from
ACTION: Final rule. 4 p.m. to 6 p.m., the draw need not be small businesses, not-for-profit
opened for the passage of vessels, except organizations that are independently
SUMMARY: The Coast Guard is changing
for tugs with tows, if at least three hours owned and operated and are not
the drawbridge operation regulations of
of advance notice is given, and the dominant in their fields, and
two Maryland Department of
reason for passage through the bridges governmental jurisdictions with
Transportation (MDOT) bridges: The
during a closure period is due to delay populations of less than 50,000.
Main Street and U.S. 50 Bridges, at mile
caused by inclement weather or other The Coast Guard certifies under 5
22.4, across Wicomico River (North
emergency or unforeseen circumstances. U.S.C. 605(b) that this rule would not
Prong) in Salisbury, MD. This final rule
Bridge opening data supplied by SHA have a significant economic impact on
will allow the bridges to open on signal
revealed a significant decrease in yearly a substantial number of small entities.
if four hours advance notice is given
and eliminate the continual attendance openings. In the past three years from This conclusion is based on the fact
of draw tender services while still 2004 to 2006, the bridges opened for the rule would not have a significant
providing the reasonable needs of vessels 522, 282 and 157 times, economic impact on a substantial
navigation. respectively. Due to the infrequency of number of small entities because the
requests for vessel openings of the rule relieves restrictions to the
DATES: This rule is effective September drawbridges, SHA requested to change movement of navigation, as mariners
4, 2007. the current operating regulations by will no longer have to wait for closure
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ADDRESSES: Comments and material requiring the draw spans to open on periods to end, which will allow them
received from the public, as well as signal if at least four hours notice is to plan their trips without requiring a
documents indicated in this preamble as given year-round by calling the contact stop, so long as the four hour notice is
being available in the docket, are part of telephone number at (410) 430–7561. provided.

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