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32188 Federal Register / Vol. 72, No.

112 / Tuesday, June 12, 2007 / Rules and Regulations

087°37′12″ W, then southeast to (d) Suspension of Enforcement. If the encourage its concessioners to sell
41°54′00″ N, 087°36′00″ W (NAD 83), event concludes earlier than scheduled, native handicrafts to park area visitors.
then southwestward to the northeast the Captain of the Port or a designated The Congress, through Section 416 of
corner of the Jardine Water Filtration representative will issue a Broadcast the National Parks Omnibus
Plant, then due west to the shore. Notice to Mariners notifying the public Management Act of 1998 (1998 Act),
(ii) Enforcement date and time. The when enforcement of the safety zone embodied this policy into law, stating
third Thursday, Friday, Saturday, and established by this section is suspended. that:
Sunday of August; from 9 a.m. to 6 p.m. (e) Exemption. Public vessels as Promoting the sale of authentic United
each day. defined in paragraph (b) of this section States Indian, Alaska Native, Native Samoan,
(79) [Reserved] are exempt from the requirements in and Native Hawaiian handicrafts relating to
(80) Downtown Milwaukee BID 21 this section. the cultural, historical, and geographic
Fireworks; Milwaukee, WI. (i) Location. (f) Wavier. For any vessel, the Captain characteristics of units of the National Park
All waters of the Milwaukee River of the Port Lake Michigan or a System is encouraged, and the Secretary shall
between the Kilbourn Avenue Bridge at designated representative may waive ensure that there is a continuing effort to
1.7 miles above the Milwaukee Pierhead enhance the handicraft trade where it exists
any of the requirements of this section, and establish the trade in appropriate areas
Light to the State Street Bridge at 1.79 upon finding that operational where the trade currently does not exist.
miles above the Milwaukee Pierhead conditions or other circumstances are
Light. such that application of this section is In furtherance of this objective,
(ii) Enforcement date and time. The unnecessary or impractical for the Section 416(b) of the 1998 Act exempts
third Thursday of November; 6 p.m. to purposes of safety or environmental the revenue derived by NPS
8 p.m. safety. concessioners from the sale of United
(81) New Years Eve Fireworks; States Indian, Alaska Native, Native
Chicago, IL. (i) Location. All waters of § 165.909 [Removed] Samoan and Native Hawaiian
Monroe Harbor and Lake Michigan ■ 3. Remove and reserve § 165.909. handicrafts from concession contract
within the arc of a circle with a 1000- franchise fees. This final regulation
foot radius from the fireworks launch § 165.918 [Removed] collectively refers to these handicrafts as
site located on a barge in position ■ 4. Remove and reserve § 165.918. ‘‘authentic native handicrafts.’’
41°52′41″ N, 087°36′37″ W (NAD 83). Also, Section 417 of the 1998 Act
Dated: June 5, 2007. requires the Secretary of the Interior
(ii) Enforcement date and time.
December 31; 11 p.m. to January 1; 1 Bruce C. Jones, (Secretary) to promulgate a regulation
a.m. Captain, U.S. Coast Guard, Captain of the that further defines United States
(b) Definitions. The following Port Lake Michigan. Indian, Alaska Native and Native
definitions apply to this section: [FR Doc. E7–11262 Filed 6–11–07; 8:45 am] Hawaiian handicrafts. Section 409 of the
(1) Designated representative means BILLING CODE 4910–15–P 1998 Act (16 U.S.C. 5958) requires the
any Coast Guard commissioned, National Park Service Concessions
warrant, or petty officer designated by Management Advisory Board (Advisory
the Captain of the Port Lake Michigan DEPARTMENT OF THE INTERIOR Board) to make recommendations to the
to monitor this safety zone, permit entry Secretary regarding the nature and
into this zone, give legally enforceable National Park Service scope of products that qualify as
orders to persons or vessels within this authentic native handicrafts within the
zones and take other actions authorized 36 CFR Part 51 meaning of the 1998 Act. This
by the Captain of the Port. RIN 1024–AD20 regulation has been developed in
(2) Public vessel means vessels consideration of the recommendations
owned, chartered, or operated by the Authentic Native Handicrafts of the Advisory Board.
United States, or by a State or political This regulation will give guidance to
subdivision thereof. AGENCY: National Park Service, Interior. the NPS and NPS concessioners to
(c) Regulations. (1) The general ACTION: Final rule. determine what products meet the
regulations in 33 CFR 165.23 apply. definition of authentic native
(2) All persons and vessels must SUMMARY: The National Parks Omnibus
handicrafts for purposes of franchise fee
comply with the instructions of the Management Act of 1998 encourages the
exemptions and other elements of the
Coast Guard Captain of the Port or a sale of authentic United States Indian,
NPS concessions management program.
designated representative. Upon being Alaska Native, Native Samoan and In developing the regulation, NPS,
hailed by the U.S. Coast Guard by siren, Native Hawaiian handicrafts relating to upon the recommendation of the
radio, flashing light or other means, the the cultural, historical, and geographic Advisory Board, incorporated to the
operator of a vessel shall proceed as characteristics of units of the national extent appropriate the relevant
directed. park system. This final rule implements definitions established by the Indian
(3) All vessels must obtain permission the requirements of the act. Arts and Crafts Board of the Department
from the Captain of the Port or a DATES: Effective Date: This rule is of the Interior (IACB) in 25 CFR part 309
designated representative to enter, move effective on July 12, 2007. in recognition of the native handicraft
within or exit the safety zone FOR FURTHER INFORMATION CONTACT: Jo expertise of the IACB.
established in this section when this Pendry, Concessions Program Manager, Please note that Section 417 of the
safety zone is enforced. Vessels and National Park Service, 1201 I Street 1998 Act requires the Secretary to
persons granted permission to enter the NW., Washington, DC 20005. (202–513– further define ‘‘United States Indian,
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safety zone shall obey all lawful orders 7156). Alaska Native, and Native Hawaiian
or directions of the Captain of the Port SUPPLEMENTARY INFORMATION: handicraft.’’ However, section 416 of the
or a designated representative. While 1998 Act additionally refers to Native
within a safety zone, all vessels shall Background Samoan handicraft. Accordingly,
operate at the minimum speed For many years it has been the policy although the term ‘‘Native Samoan
necessary to maintain a safe course. of the National Park Service (NPS) to handicraft’’ is not defined in the

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Federal Register / Vol. 72, No. 112 / Tuesday, June 12, 2007 / Rules and Regulations 32189

regulation, the regulation specifies that Alaskan Native or Native Alaskan. It Unfunded Mandates Reform Act
the sale of Native Samoan handicrafts is was felt that Native Alaskan was a This rule does not impose an
encouraged and exempt from NPS broader term that included more than unfunded mandate on State, local, or
concession contract franchise fees. An those intended to benefit by this rule. tribal governments or the private sector
administrative definition of ‘‘Native The term Native Alaskan would include of more than $100 million per year. The
Samoan handicraft’’ will be developed all people born in Alaska. rule does not have a significant or
by NPS in consultation with appropriate unique effect on State, local or tribal
Compliance With Other Laws
Samoans and Samoan organizations. governments or the private sector.
The source for the definition of Regulatory Planning and Review
‘‘Alaska Native’’ found in this regulation (Executive Order 12866) Takings (Executive Order 12630)
is from the Alaska Native Claims In accordance with the criteria in In accordance with Executive Order
Settlement Act (43 U.S.C. 1602 (b)). The Executive Order 12866, the Office of 12360, this rule does not have
source of the term ‘‘arts and crafts Management and Budget makes the final significant takings implications. A
objects’’ is 25 CFR part 309 (the determination as to the significance of takings assessment is not required.
regulations of the IACB) as adapted for this regulatory action and it has
purposes of this regulation. Federalism (Executive Order 13132)
determined that this document is not a
The source of the definition of significant rule and is not subject to In accordance with Executive Order
‘‘authentic native handicrafts’’ review as: 13132, this rule does not have sufficient
contained in the regulation is 25 CFR (1) This rule will not have an effect of federalism implications to warrant the
part 309 as adapted for the purposes of $100 million or more on the economy. preparation of a federalism assessment.
this regulation. It will not adversely affect in a material The rule imposes no requirements on
The source of the term ‘‘Native way the economy, productivity, any governmental entity other than
Hawaiian’’ is Section 3001(10) of the competition, jobs, the environment, NPS.
Native American Graves Protection and public health or safety, or State, local,
Repatriation Act (25 U.S.C. 3001(10)) Civil Justice Reform (Executive Order
or tribal governments or communities.
and Section 16(11) of the National (2) This rule will not create a serious 12998)
Museum of the American Indian Act (20 inconsistency or otherwise interfere In accordance with Executive Order
U.S.C. 80q–14(11)). with an action taken or planned by 12988, the Office of the Solicitor has
The source of the term ‘‘United States another agency. determined that this rule does not
Indian’’ is the applicable portion of the (3) This rule does not alter the unduly burden the judicial system and
term ‘‘Indian’’ as defined in 25 CFR part budgetary effects or entitlements, grants, does not meet the requirements of
309. The term ‘‘label’’ means a separate user fees, or loan programs or the rights sections 3(a) and 3(b)(2) of the Order.
tag, paper, sign, sticker, or signed or obligations of their recipients.
document attesting to the authenticity of (4) This rule does not raise novel legal Paperwork Reduction Act
the item as ‘‘authentic native or policy issues. This rule does not require an
handicraft.’’ information collection from 10 or more
Regulatory Flexibility Act
parties. Accordingly, a submission
Notice of Proposed Rulemaking The Department of the Interior under the Paperwork Reduction Act is
On March 25, 2004, the National Park certifies that this document will not not required. An OMB form 83–I is not
Service published a Notice of Proposed have a significant economic effect on a required.
Rulemaking (NPRM) for Authentic substantial number of small entities
Native Handicrafts (69 FR 15286). The under the Regulatory Flexibility Act (5 National Environmental Policy Act
comment period was open for 60 days. U.S.C. 601 et seq.). If there is an effect This rule does not constitute a major
No public comments were received. it will be a positive effect by exempting Federal action affecting the quality of
During the review process two revenue derived by the sales of Native the human environment. A detailed
comments were received from within American Handicraft from concession statement under the National
the Department. One comment from the contract franchise fees. Environment Policy Act is not required.
Office of the Assistant Secretary for The rule will not increase public use of
Policy, Management, and Budget Small Business Regulatory Enforcement
park areas, introduce non-compatible
requested that we consider requiring Fairness Act (SBREFA)
uses into park areas, conflict with
concessioners to mark sales items that This rule is not a major rule under 5 adjacent land ownerships or land uses,
are authentic native handicrafts marked U.S.C. 804(2), the Small Business or cause a nuisance to property owners
with a label to attest to the item’s Regulatory Enforcement Fairness Act. or occupants adjacent to park areas.
authenticity, in order to be eligible for This rule does not have an annual effect Accordingly, this rule is categorically
franchise fee exemption. This on the economy of $100 million or excluded from procedural requirements
requirement is in addition to the more; will not cause a major increase in of the National Environmental Policy
standard concession contract costs or prices for consumers, Act by 516 DM 12.5(A)(10). 7.4A(10).
requirement that concessioners provide individual entities, Federal, State, or
receipts from the sale of handicrafts that local government agencies, or Government-to-Government
have been approved for sales by the geographic regions; and does not have Relationship With Tribes
Director as constituting authentic significant adverse effects on In accordance with Executive Order
American Indian, Alaska Native, Native competition, employment, investment, 13175 ‘‘Consultation and Coordination
Samoan, or Native Hawaiian productivity, innovation, or the ability With Indian Tribal Governments’’ (65
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handicrafts. The regulation was changed of U.S.-based enterprises to compete FR 67249), the President’s
to incorporate these recommendations. with foreign-based enterprises. The memorandum of April 29, 1994,
The second comment, from the effect of the rule is to establish ‘‘Government-to-Government Relations
Department’s Office of the Solicitor, definitions for the sale of native With Native American Tribal
Division of Indian Affairs, asked that we handicrafts in areas of the national park Governments’’ (59 FR 22951) and 512
use the term Alaska Native instead of system. DM 2, we have evaluated potential

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32190 Federal Register / Vol. 72, No. 112 / Tuesday, June 12, 2007 / Rules and Regulations

effects on federally recognized Indian § 51.83 Sale of Native Handicrafts. ENVIRONMENTAL PROTECTION
tribes and have determined that there (a) Where authorized by an applicable AGENCY
are no potential effects on the tribes. concession contract, concessioners are
40 CFR Parts 52 and 81
Clarity of Rule encouraged to sell authentic native
handicrafts appropriately labeled or [EPA–R05–OAR–2006–1022; FRL–8324–9]
Executive Order 12866 requires each denoted as authentic that reflect the
agency to write regulations that are easy cultural, historical, and geographic Determination of Attainment, Approval
to understand. We invite your characteristics of the related park area. and Promulgation of Implementation
comments on how to make this rule To further this objective, concession Plans and Designation of Areas for Air
easier to understand, including answers contracts will contain a provision that Quality Planning Purposes; Ohio;
to questions such as the following: (1) exempts the revenue of a concessioner Redesignation of Youngstown, OH to
Are the requirements in the rule clearly derived from the sale of appropriately Attainment of the 8-Hour Ozone
stated? (2) Does the rule contain labeled or denoted authentic native Standard
technical language or jargon that handicrafts from the concession
interferes with its clarity? (3) Does the AGENCY: Environmental Protection
contract’s franchise fee. Agency (EPA).
format of the rule (grouping and order
of sections, use of headings, (b) The sale of products as authentic ACTION: Final rule.
paragraphing, etc.) aid or reduce its native handicrafts is further regulated
under the Indian Arts and Crafts Act, SUMMARY: On February 15, 2007, the
clarity? (4) Would the rule be easier to
read if it were divided into more (but Public Law 101–644, as amended. Ohio Environmental Protection Agency
shorter) sections? (A ‘‘section’’ appears (Ohio EPA), submitted a request to
(c) Definitions. (1) Alaska Native redesignate its portion of the
in bold type and is preceded by the means any citizen of the United States
symbol ‘‘§ ’’ and a numbered heading; Youngstown area (Mahoning, Trumbull
who is a person of one-fourth degree or and Columbiana Counties) to attainment
for example § 7.XX .........) (5) Is the more Alaskan Indian (including
description of the rule in the of the 8-hour ozone National Ambient
Tsimshian Indians not enrolled in the Air Quality Standard (NAAQS), and a
‘‘Supplementary Information’’ section of Metalakatla Indian Community),
the preamble helpful in understanding request for EPA approval of an ozone
Eskimo, or Aleut blood, or combination maintenance plan. EPA is making a
the proposed rule? What else could we thereof. The term includes any person
do to make the rule easier to determination that the Youngstown,
so defined either or both of whose Ohio ozone nonattainment area has
understand? adoptive parents are not Alaska Natives. attained the 8-hour ozone NAAQS. This
Send a copy of any comments that It also includes, in the absence of a determination is based on three years of
concern how we could make this rule minimum blood quantum, any citizen of complete, quality assured ambient air
easier to understand to: Office of the United States who is regarded as an quality monitoring data for the 2004–
Regulatory Affairs, Department of the Alaska Native by the Alaska native 2006 ozone seasons that demonstrate
Interior, Room 7229, 1849 C Street, village or native groups of which he or that the 8-hour ozone NAAQS has been
NW., Washington, DC 20240. You may she claims to be a member and whose attained in the area. EPA is approving,
also e-mail the comments to this father or mother is (or, if deceased, was) as a State Implementation Plan (SIP)
address: Exsec@ios.doi.gov. regarded as an Alaska Native by any revision, the State’s maintenance plan
Drafting Information: The principal village or group. for the Ohio portion of the area. As a
contributors to this final rule were: Jo (2) Arts and crafts objects means art result, Ohio has satisfied the criteria for
Pendry, Chief Concession Program, works and crafts that are in a traditional redesignation of Mahoning, Trumbull
WASO; Judy Bassett, Concession Policy or non-traditional style or medium. and Columbiana Counties to attainment
Analyst, WASO; Meridith Stanton, and EPA is approving the requested
(3) Authentic native handicrafts redesignation. Further, EPA is
Director, and Jill Moran, Program
Specialist, IACB, and Jerry Case, means arts and crafts objects created by approving, for purposes of
Regulations Program Manager, WASO. a United States Indian, Alaska Native, transportation conformity, the motor
Native Samoan or Native Hawaiian that vehicle emission budgets (MVEBs) for
List of Subjects in 36 CFR Part 51 are made with the help of only such the years 2009 and 2018 that are
devices as allow the manual skill of the contained in the 8-hour ozone
Concessions, Government contracts, maker to condition the shape and design
National parks, Reporting and maintenance plan for the area.
of each individual object. DATES: This final rule is effective on
recordkeeping requirements.
(4) Native Hawaiian means any June 12, 2007.
■ For the reasons stated in the preamble, individual who is a descendant of the ADDRESSES: EPA has established a
the National Park Service amends 36 aboriginal people that, prior to 1778,
CFR Part 51 as follows: docket for this action under Docket ID
occupied and exercised sovereignty in No. EPA–R05–OAR–2006–1022. All
the area that now constitutes the State documents in the docket are listed on
PART 51—CONCESSION CONTRACTS
of Hawaii. the www.regulations.gov Web site.
■ 1. The authority for part 51 continues (5) United States Indian means any Although listed in the index, some
to read as follows: individual that is a member of an Indian information is not publicly available,
tribe as defined in 18 U.S.C. 1159(c)(3). i.e., Confidential Business Information
Authority: The Act of August 25, 1916, as
amended and supplemented, 16 U.S.C. 1 et (CBI) or other information whose
Dated: May 22, 2007.
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seq., particularly, 16 U.S.C. 3 and Title IV of disclosure is restricted by statute.


David M. Verhey, Certain other material, such as
the National Parks Omnibus Management Act
of 1998 (Pub. L. 105–391). Acting Assistant Secretary for Fish and copyrighted material, is not placed on
Wildlife and Parks. the Internet and will be publicly
■ 2. Section 51.83 is added to read as [FR Doc. E7–11274 Filed 6–11–07; 8:45 am] available only in hard copy form.
follows: BILLING CODE 4312–53–P Publicly available docket materials are

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