Federal Register / Vol. 66, No. 98 / Monday, May 21, 2001 / Proposed Rules 27915
addressed using the most recent fleet Issued in Burlington, Massachusetts, on toll-free call), fax 202–208–5196, or e- data. Field experience shows that May 10, 2001. mail [email protected]. leaking fuel nozzles, which can lead to Francis A. Favara, SUPPLEMENTARY INFORMATION: burn-through of the diffuser case, was a Acting Manager, Engine and Propeller significant flight safety concern Directorate, Aircraft Certification Service. Background primarily at the number 7 location [FR Doc. 01–12674 Filed 5–18–01; 8:45 am] The Indian Arts and Crafts Board because of the proximity of oil lines. BILLING CODE 4910–13–U (IACB) was created by Congress This is addressed by AD 95–02–16. pursuant to the Act of August 27, 1935 To date, there have not been any (49 Stat. 891; 25 U.S.C. 305 et seq.; 18 incidents of diffuser case burn-through DEPARTMENT OF THE INTERIOR U.S.C. §§ 1158–59). The IACB is due to fuel leakage across the fuel responsible for implementing the Indian nozzle secondary seal where the fuel Indian Arts and Crafts Board Arts and Crafts Act of 1990, promoting nozzle configuration is as prescribed by the development of American Indian AD 95–02–16. There has been one 25 CFR Part 309 and Alaska Native arts and crafts, incident where the fuel nozzle at the improving the economic status of number 7 position has leaked due to RIN 1076–AE16 members of federally recognized Tribes, loss of nut torque, ignited, and burned and helping to establish and expand through the diffuser case. However, Protection of Products of Indian Art marketing opportunities for arts and because the oil line fittings had been and Craftsmanship crafts produced by American Indians replaced in accordance with AD 95–02– and Alaska Natives. AGENCY: Indian Arts and Crafts Board 16, there was no burn-through of the oil The Indian Arts and Crafts Act of (IACB), DOI. fittings and no oil fire. The following 1990, Public Law 101–644 (hereinafter requirements of AD 95–02–16, are ACTION: Notice of proposed rulemaking the ‘‘1990 Act’’), is essentially a truth- sufficient to mitigate the safety concern: (NPRM). in-marketing law designed to prevent • Initial and repetitive inspections of marketing of products misrepresented as SUMMARY: This proposal establishes the number 7 fuel nozzle and support produced by Indians when the products regulations to provide guidance to assembly, AND are not, in fact, made by an Indian as persons who produce, market, or • Replacement of the number 7 fuel defined by the 1990 Act. Under Section purchase arts and crafts marketed as nozzle and support assembly with a 104(a) of the 1990 Act (18 U.S.C. Indian products, as defined under the more leak resistant configuration, AND 1159(c)(2)), ‘‘the terms ‘Indian product’ Indian Arts and Crafts Act of 1990. The • and ‘product of a particular Indian Tribe Replacement of aluminum oil proposed regulations further clarify the or Indian arts and crafts organization’ pressure and scavenge tube fittings with definition of ‘‘Indian product’’ by have the meaning given such term in steel fittings, AND including specific examples of ‘‘Indian • regulations which may be promulgated Replacement of an aluminum oil product,’’ as well as examples of what by the Secretary of the Interior.’’ scavenge line bolt with a steel bolt. is not an ‘‘Indian product,’’ in the Under the 1990 Act’s current Upon further consideration, the FAA regulations implementing the Indian implementing regulations, at 25 CFR has determined that there is no longer Arts and Crafts Enforcement Act of Part 309, prior to these amendments, the a likelihood that the unsafe condition 2000, an amendment to the Indian Arts term ‘‘Indian product’’ is defined as: will exist or develop on other products and Crafts Act of 1990. of the same type design, and as a result, ‘‘(1) In general. ‘‘Indian product’’ DATES: superseding the existing AD is no longer Written comments must be means any art or craft product made by required. Accordingly, the proposed received on or before August 20, 2001. an Indian. rule is hereby withdrawn. ADDRESSES: If you wish to comment on ‘‘(2) Illustrations. The term Indian Withdrawal of this notice of proposed the proposed rule for the Indian Arts product includes, but is not limited to: rulemaking constitutes only such action, and Crafts Enforcement Act of 2000, you (i) Art works that are in a traditional and does not preclude the agency from may submit your comments by any one or non-traditional Indian style or issuing another notice in the future, nor of several methods. You may mail medium; does it commit the agency to any course comments to: Director, Indian Arts and (ii) Crafts that are in a traditional or of action in the future. Crafts Board, Room 4004–MIB, 1849 C non-traditional Indian style or medium; Since this action only withdraws a Street, NW., Washington, DC 20240. (iii) Handcrafts, i.e. objects created notice of proposed rulemaking, it is You may also fax comments to 202– with the help of only such devices as neither a proposed nor a final rule and 208–5196 or comment via the Internet to allow the manual skill of the maker to therefore, is not covered under [email protected]. Please also include condition the shape and design of each Executive Order 12866, the Regulatory ‘‘Attn: RIN 1076–AE16 and your name individual product. Flexibility Act, or DOT Regulatory and return address in your mailed, ‘‘(3) Exclusion for products made Policies and Procedures (44 FR 11034, faxed, or Internet message. Please before 1935. The provisions of this part February 26, 1979). submit Internet comments as an ASCII shall not apply to any art or craft file avoiding the use of special products made before 1935.’’ List of Subjects in 14 CFR Part 39 characters and any form of encryption. The above definition reflects the Air transportation, Aircraft, Aviation If you do not receive a confirmation IACB’s determination that ‘‘Indian safety, Safety. from the system that we received your product’’ under the 1990 Act applies to Internet message, contact us directly at Indian arts and crafts, and not all The Withdrawal 202–208–3773. products generally. This determination Accordingly, the notice of proposed FOR FURTHER INFORMATION CONTACT: is consistent with the IACB organic rulemaking, Docket 97–ANE–59–AD, Meridith Z. Stanton, Director, Indian legislation, the IACB’s primary mission published in the Federal Register on Arts and Crafts Board, Room 4004–MIB, as established by Congress, and the May 1, 1998, (63 FR 24138), is 1849 C Street, NW., Washington, DC Congressional intent of the 1990 Act. withdrawn. 20240, telephone 202–208–3773 (not a The 1935 cut-off date for products
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regulated by the Act is in keeping with participated in teleconferences with April 16, 2001 the Congressional intent of the 1990 Act IACB. and the legislated mission of the IACB— Representative from the Fort Mojave March 14, 2001 economic growth through the Indian Tribe of Arizona, California, and development and promotion of Representatives from the Rincon Nevada, Needles, CA. contemporary Indian arts and crafts. Indian Reservation, Valley Center, CA; April 17, 2001 The ‘‘Indian product’’ definition Cow Creek Band of Umpqua Tribe of under the current regulations, at 25 CFR Indians, Roseburg, OR; and Pyramid Representatives from the Hopi Tribe Part 309, focused on the nature and Lake Pauite Tribe, Nixon, NV. of Arizona, Kykotsmovi, AZ. Indian origin of products covered by the Representatives from The Cocopah 1990 Act, and did not provide specific Indian Tribe, Somerton, AZ; Kaibab Public Comment Solicitation arts and crafts examples. This proposed Band of Paiute, Pine Spring, AZ; If you wish to comment on the rule implements the Indian Arts and Tohono O’odham Nation of Arizona, Crafts Enforcement Act of 2000, Public proposed rule for the 2000 Act, you may Sells, AZ; and Pueblo of Acoma, Acoma, submit your comments by any one of Law 106–497, (hereinafter the ‘‘2000 NM. Act’’) by clarifying the definition of several methods. You may mail ‘‘Indian product.’’ It also provides March 15, 2001 comments to: Director, Indian Arts and Crafts Board, Room 4004–MIB, 1849 C specific examples of items that may be Representatives from the Poarch Band Street, NW., Washington, DC 20240. marketed as Indian products, thereby of Creek Indians, Atmore, AL; You may also fax comments to 202– informing the public as to when an Mashantucket Pequot Tribal Nation, individual may be subject to civil or Mashantucket, CT; Nome Eskimo 208–5196 or comment via the Internet to criminal penalties for falsely marketing Community, Nome, AK, and Catawba [email protected]. Please also include a good as an ‘‘Indian product.’’ Indian Nation, Rock Hill, SC. ‘‘Attn: RIN 1076–AE16,’’ your name and return address in your mailed, faxed, or Section Analysis March 16, 2001 Internet message. Please submit Internet Section 2 of the 2000 Act Representatives from the Three comments as an ASCII file avoiding the The 2000 Act, an amendment to the Affiliated Tribes, Fort Berthold, ND; use of special characters and any form Indian Arts and Crafts Act of 1990, White Earth Nation, White Earth, MN; of encryption. If you do not receive a Public Law 101–644, was enacted on Lac du Flambeau Band of Lake Superior confirmation from the system that we November 9, 2000. Under this Chippewa Indians, Lac du Flambeau, received your Internet message, contact amendment, Congress sought to WI; and Cayuga Nation, Versailles, NY. us directly at 202–208–3773. improve the cause of action for March 21, 2001 Our practice is to make comments, misrepresentation of Indian arts and including names and home addresses of crafts. Section 2 of the 2000 Act, directs Representative from the Pueblo of respondents, available for public review the IACB to: Zuni, Zuni, NM. during regular business hours. Not later than 180 days after the date of the March 22, 2001 Individual respondents may request that enactment of the Indian Arts and Crafts we withhold their home address from Enforcement Act of 2000, the IACB shall Representatives from the Miami Tribe the rulemaking record, which we will promulgate regulations to include in the of Oklahoma, Miami, OK; Cherokee honor to the extent allowable by law. definition of the term ‘‘Indian product’’ Nation, Tahlequah, OK; Seminole specific examples of such product to provide There also may be circumstances in Nation of Oklahoma, Wewoka, OK; The which we would withhold from the guidance to Indian artisans as well as to Chickasaw Nation, Ada, OK; and purveyors and consumers of Indian arts and rulemaking record a respondent’s crafts, as defined under this Act. Southern Ute Indian Tribe, Ignacio, CO. identity, as allowable by law. If you Tribal Consultation March 23, 2001 wish us to withhold your name and/or address, you must state this Prior to drafting regulations for the Representatives from the Jicarilla prominently at the beginning of your 2000 Act, in early January 2001 the Apache Nation, Dulce, NM, and Oneida comment. However, we will not Indian Nation, Vernon, NY. IACB sent out individual letters to all consider anonymous comments. We Tribal leaders of federally recognized March 27, 2001 will make all submissions from Tribes informing them of the 2000 Act organizations or businesses, and from Representative from the and providing them with copies of the individuals identifying themselves as legislation. The letters also invited them Passamaquoddy Tribe of Maine, Princeton, ME. representatives or officials of to designate a member of their staff or organizations or businesses, available Representatives from the Fallon Tribal member from their arts and crafts for public inspection in their entirety. community with whom the IACB could Paiute-Shoshone Tribe, Fallon, NV. discuss their Tribe’s interest in specific Representatives from the All communications received on or language for consideration in the further Confederated Tribes and Bands of the before the closing date for comments clarification of ‘‘Indian product.’’ This Yakama Nation, Toppenish, WA. will be considered by the IACB before Tribal involvement was intended to taking action on the proposed rule. The March 29, 2001 ensure that the amended definition proposals contained in this document properly encompasses Indian art and Representative from the Sheep Ranch may be changed in light of comments craft products that should be protected Rancheria of the Me-wuk Indians of received. All comments submitted will by the 1990 Act. Throughout March, the California, Tracy, CA. be available for examination in the rule IACB sent follow-up letters to the docket after the closing date for March 30, 2001 designees confirming their participation comments at Room 4004–MIB, 1849 C and providing them with additional Representatives from the Street, NW., Washington, DC, on background information for the Confederated Tribes of the Umatilla weekdays, except federal holidays, teleconference. The following Tribes Indian Reservation, Pendleton, OR. between 8:30 a.m. and 5 p.m.
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Drafting Information how to represent Indian products in the required. An OMB form 83–I is not This proposed rule was prepared by marketplace will not cause any required. significant increase in the costs or prices Meridith Z. Stanton (Director, Indian 9. National Environmental Policy Act Arts and Crafts Board). for consumers, individual industries, Federal, State, or local government This rule does not constitute a major Compliance With Other Laws agencies, or geographic regions. Federal action significantly affecting the quality of the human environment. 1. Regulatory Planning and Review (c) Does not have significant adverse (Executive Order 12866) effects on competition, employment, 10. Clarity of this regulation investment, productivity, innovation, or This document is not a significant the ability of the U.S.-based enterprises Executive Order 12866 requires each rule and is not subject to review by the to compete with foreign-based agency to write regulations that are easy Office of Management and Budget under enterprises. Through the clarification of to understand. Executive Order 12866. the term ‘‘Indian product,’’ the ability of We invite your comments on how to (1) This rule will not have an effect of U.S.-based enterprises to compete with make this rule easier to understand, $100 million or more on the economy. foreign-based enterprises will not be including answers to questions such as It will not adversely affect in a material significantly affected. In fact, it should the following: (1) Are the requirements way the economy, productivity, assist U.S. Indian arts and crafts in the rule clearly stated? (2) Does the competition, jobs, the environment, producers to compete with counterfeit rule contain technical language or public health, or safety, or State, local, Indian arts and crafts produced jargon that interferes with its clarity? (3) or tribal governments or communities. overseas. Does the format of the rule (grouping The rule is simply a Congressionally and order of sections, use of headings, mandated further clarification of an 4. Unfunded Mandates Reform Act paragraphing, etc.) aid or reduce its existing regulatory definition of ‘‘Indian clarity? (4) Is the description of the rule This rule does not impose an product.’’ in the ‘‘Supplementary Information’’ unfunded mandate on State, local, or (2) This rule will not create a serious section of the preamble helpful in tribal governments or the private sector inconsistency or otherwise interfere understanding the proposed rule? What of more than $100 million per year. The with an action taken or planned by else could we do to make the rule easier rule does not have a significant or another agency. The rule, the further to understand? unique effect on State, local, or tribal clarification of an existing regulatory Send a copy of any comments that governments or the private sector. It definition of ‘‘Indian product,’’ does not concern how we could make this rule simply clarifies an existing regulatory involve another agency. easier to understand to: Office of definition of ‘‘Indian product.’’ A (3) This rule does not alter the Regulatory Affairs, Department of the statement containing the information budgetary effects or entitlements, grants, Interior, Room 7229, 1849 C Street, required by the Unfunded Mandates user fees, or loan programs or the rights NW., Washington, DC 20240. You may Reform Act (2 U.S.C. 1531 et seq.) is not or obligations of their recipients. This also e-mail the comments to this required. rule does not involve any budgetary or address: [email protected]. entitlements issues. 5. Takings (Executive Order 12630) (4) This rule does not raise novel legal List of Subjects in 25 CFR Part 309 or policy issues. Again, it is simply the In accordance with Executive Order Indians—arts and crafts, Penalties, further clarification of an existing 12630, the rule does not have significant Trademarks. takings implications. This rule does not definition of ‘‘Indian product.’’ For the reasons set out in the involve government action or preamble, part 309 of 25 CFR Chapter II 2. Regulatory Flexibility Act interference with Constitutionally is proposed to be amended as follows: The Department of the Interior protected rights. certifies that this document will not 6. Federalism (Executive Order 12612) PART 309—PROTECTION OF INDIAN have a significant economic effect on a ARTS AND CRAFTS PRODUCTS substantial number of small entities In accordance with Executive Order under the Regulatory Flexibility Act (5 12612, the rule does not have sufficient 1. The authority citation for part 309 U.S.C. 601 et seq.) An unknown number federalism implications to warrant the continues to read as follows: of individuals, small businesses, and preparation of a Federalism Assessment. Authority: 18 U.S.C. 1159, 25 U.S.C. 305 et tribal governments may be affected in This rule does not affect the relationship seq. some way, but they do not exceed between State and federal governments. 2. In § 309.2, paragraph (d) is revised several thousand in aggregate. A Federalism Assessment is not to read as follows: required. 3. Small Business Regulatory § 309.2 What are the key definitions for Enforcement Fairness Act (SBREFA) 7. Civil Justice Reform (Executive Order purposes of the Act? 12988) This rule is not a major rule under 5 * * * * * U.S.C. 804(2), the Small Business In accordance with Executive Order (d) Indian product means any art or Regulatory Enforcement Fairness Act. 12988, the Office of the Solicitor had craft product made by an Indian. Indian This rule: determined that this rule does not labor makes the Indian art or craft object (a) Does not have an annual effect on unduly burden the judicial system and an Indian product. the economy of $100 million or more. meets the requirements of sections 3(a) (1) Illustrations. The term Indian The annual effect is insignificant. and 3(b)(2) of the Order. product includes, but is not limited to: (b) Will not cause a major increase in (i) Art works made by an Indian that 8. Paperwork Reduction Act costs or prices for consumers, are in a traditional or non-traditional individual industries, Federal, State, or This regulation does not require an style or medium; local government agencies, or information collection from 10 or more (ii) Crafts made by an Indian that are geographic regions. Clarification of the parties and a submission under the in a traditional or non-traditional style term ‘‘Indian product’’ and guidance on Paperwork Reduction Act is not or medium;
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(iii) Handcrafts made by an Indian, (vi) An industrial product, such as a and appearance of the original i.e. objects created with the help of only bicycle assembled by Indian labor; or commercial item. Through substantial such devices as allow the manual skill (vii) An Indian style art or craft transformation due to Indian labor, a of the maker to condition the shape and product produced in an assembly line or product changes from a commercial design of each individual product. related production line process using product to an Indian product. Examples (2) Exclusions. An Indian product multiple workers that is not all-Indian of formerly commercial products that under the Act is not any of the labor. For example, an Indian style pipe become Indian products include Indian following: assembled by non-Indians with an beaded tennis shoes and Indian ribbon (i) An Indian style art or craft product Indian(s) supplying a few beads for applique´d denim jackets. produced in a foreign country by non- accent is not an Indian product. Indian labor or craftsmanship using an * * * * * § 309.7 How should a seller disclose the Indian design; 3. Sections 309.3 through 309.6 are nature and degree of Indian labor when (ii) An Indian style art or craft product redesignated as §§ 309.24 through selling, offering, or displaying art and produced in the United States by non- 309.27. craftwork for sale? Indian labor or craftsmanship; 4. New §§ 309.6 through 309.23 are The Indian Arts and Crafts Act is a (iii) An Indian style art or craft added to read as follows: product that is designed by an Indian truth-in-marketing law. Those who but produced by non-Indian labor; § 309.6 When does a commercial product produce and market art and craftwork (iv) An Indian style art or craft become an Indian product? should honestly represent and clarify product assembled from a kit; In addressing Indian embellishments the degree of Indian involvement in the (v) An Indian style art or craft to originally commercial products, the production of the art and craftwork product, originating from a commercial Indian labor expended to add art or when it is sold, displayed or offered for product, without a substantial handcraft craftwork to those objects must be sale. The following guidelines illustrate element provided by Indian labor; sufficient to change the nature, quality, how to characterize art and craftwork:
If . . . then . . .
(a) An Indian conceives, designs, and makes the art or it is an ‘‘Indian product.’’ craftwork
(b) An Indian produces a product that meets the definition it can be marketed as such and it meets the definition of of ‘‘handcrafted,’’ in 309.2(d)(1)(iii) ‘‘Indian product.’’
(c) An Indian makes an art or craftwork using some machine it is ‘‘Indian made,’’ and meets the definition of ‘‘Indian made parts product.’’
(d) An Indian designs a product, such as a bracelet, which is it should be marketed as ‘‘Indian designed.’’ It does not meet then produced by non-Indians the definition of ‘‘Indian product’’ under the Act.
(e) A product, such as jewelry, is assembled from a substan- it is not an ‘‘Indian product.’’ 1 tial amount of non- Indian made materials
(f) A product is assembled by a non-Indian from a kit it does not meet the definition of ‘‘Indian product.’’ To avoid misleading the consumer, this product should be marketed as ‘‘assembled by a non-Indian from a kit’’ on the product label and packaging.
(g) A product is in the style of an Indian art or craft product, it should be marketed as ‘‘Indian style’’ or ‘‘Indian in- but not made by an Indian spired.’’ It does not meet the definition of ‘‘Indian prod- uct’’ under the Act.
(h) An Indian non-Indian jointly undertake the art or only a percentage of the labor is Indian and it does not meet craftwork to produce an art or craft product, for example a the definition of ‘‘Indian product’’ under the Act. 2 concho belt 1 For example, a necklace strung with overseas manufactured fetishes or heshi does not meet the definition of ‘‘Indian product’’ under the Act. If an Indian assembled the necklace, in keeping with the truth-in-marketing focus of the Act, it should be marketed as ‘‘Indian assembled.’’ Similarly, if a product, such as a kachina, is assembled by an Indian from a kit, it should be marketed as ‘‘Indian assembled’’ and does not meet the definition of ‘‘Indian product’’ under the Act. 2 In order to be an ‘‘Indian product,’’ the labor component of the product must be entirely Indian. In keeping with this truth-in-marketing law, the collaborative work should be marketed as such. Therefore, it should be marketed as produced by ‘‘X’’ (name of artist or artisan) of ‘‘Y’’ (enrolled Tribe) and ‘‘Z’’ (name of artist or artisan with no Tribe listed) to avoid misleading the consumer.
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§ 309.8 For marketing purposes, what is earrings, wooden horse stick pins, and with cut glass beads, deer skin the recommended method of identifying medicine wheel quilled medallions. moccasins decorated with moose hair authentic Indian products? tufting, beaded miniature dolls, and The recommended method of § 309.12 What are examples of basketry that are Indian products? quilled and beaded amulets. marketing authentic Indian products is to include the ‘‘name of the artist or (a) Basketry and related weavings § 309.15 What are examples of apparel that are Indian products? artisan’’ and the ‘‘name of the Tribe’’ in made by Indian labor using a wide which the artist or artisan is enrolled. variety of media, including, but not (a) Apparel made or substantially For example, the Indian product should limited to, birchbark, black ash, brown decorated by Indian labor including, but include a label, hangtag, provenance ash, cedar, willow, palmetto, not limited to, parkas, jackets, coats, card, or similar identification that honeysuckle, river cane, oak, buck moccasins, boots, slippers, mukluks, includes the name of the artist or artisan brush, sumac, dogwood, cattail, reed, mittens, gloves, gauntlets, dresses, and and the name of the Tribe in which the raffia, horsehair, pine needle, spruce shirts are Indian products. artisan is enrolled. root, rye grass, sweet grass, yucca, bear (b) Specific examples include, but are grass, beach grass, rabbit brush, hemp, not limited to: Seal skin parkas, ribbon § 309.9 Is it illegal for a non-Indian to make maidenhair fern, whale baleen, seal gut, applique´ dance shawls, smoked moose and sell Indian style art or craft products? feathers, shell, devil’s claw, and hide slippers, deer skin boots, A non-Indian can make and sell porcupine quill are Indian products. patchwork jackets, calico ribbon shirts, Indian style art or craft products only if (b) Specific examples include, but are wing dresses, and buckskin shirts. the non-Indian or other seller does not not limited to: Double weave river cane baskets, yucca winnowing trays, willow § 309.16 What are examples of regalia that mislead the consumer to believe that the are Indian products? products have been made by an Indian. burden baskets, honeysuckle sewing (a) Regalia are ceremonial clothing, These products should be offered for baskets, black ash picnic baskets, pine modern items with a traditional theme, sale as ‘‘non-Indian made,’’ ‘‘Indian needle/raffia effigy baskets, oak splint and accessories with historical inspired,’’ or ‘‘Indian style.’’ and braided sweet grass fancy baskets, birchbark containers, baleen baskets, rye significance made or significantly § 309.10 What are some sample categories grass dance fans, brown ash strawberry decorated by Indian labor, including, and examples of Indian products? baskets, sumac wedding baskets, cedar but not limited to, that worn to perform What constitutes an Indian art or craft hats, hemp basket hats, yucca wicker traditional dances, participate in product is potentially very broad. basketry plaques, and spruce root traditional socials, used for dance However, to provide guidance to tobacco pouches. competitions, and worn on special persons who produce, market, or occasions of tribal significance. If these § 309.13 What are examples of other purchase items marketed as Indian items are made or significantly weaving and textiles that are Indian decorated by Indian labor, they are products, §§ 309.11 through 309.22 products? contain a sample listing of ‘‘specific Indian products. (a) Weavings and textiles made by (b) Specific examples include, but are examples’’ of objects that meet the Indian labor using a wide variety of definition of Indian products. There is not limited to: Hide leggings, buckskin media, including, but not limited to, dresses, breech cloths, dance shawls, some repetition, due to the interrelated cornhusk, raffia, tule, horsehair, cotton, nature of many Indian products. The frontlets, shell dresses, button blankets, wool, hemp, linen, rabbit skin, feather, feather bustles, porcupine roaches, listing in these sections contains bison fur, and qiviut (musk ox) wool are examples, and is not intended to be all- beaded pipe bags, nickel silver stamped Indian products. armbands, quilled breast plates, coup inclusive. Additionally, although the (b) Specific examples include, but are Indian Arts and Crafts Act of 1990 and sticks, horse sticks, shields, not limited to: Corn husk bags, twined headdresses, dance fans, and rattles. the Indian Arts and Crafts Enforcement yarn bags, cotton mantas, willow cradle Act of 2000 do not address materials boards, horsehair hatbands, Chiefs § 309.17 What are examples of woodwork used in Indian products, some materials Blankets, Two Grey Hills rugs, horse that are Indian products? are included for their descriptive nature blankets, finger woven sashes, brocade (a) Woodwork made from wood by only. This is not intended to restrict table runners, star quilts, pictorial Indian labor, including, but not limited materials used or to exclude materials applique´ wall hangings, hemp woven to, sculpture, drums, furniture, not listed. bags, embroidered dance shawls, rabbit containers, hats, and masks are Indian § 309.11 What are examples of jewelry that skin blankets, and feather blankets. products. are Indian products? (b) Specific examples include, but are § 309.14 What are examples of beadwork, not limited to: Hand drums, totem (a) Jewelry and related accessories quillwork, and moose hair tufting that are poles, animal figurines, folk carvings, made by Indian labor using a wide Indian products? kachinas, long house posts, clan house variety of media, including, but not (a) Beadwork, quillwork, and moose carved doors, chairs, relief panels, limited to, silver, gold, turquoise, coral, hair tufting made by Indian labor to bentwood boxes, snow goggles, hunting lapis, jet, nickel silver, glass bead, decorate a wide variety of materials, hats, spirit masks, bows and arrows, copper, wood, shell, walrus ivory, including, but not limited to, bottles, atlatls, redwood dug out canoes, war whale baleen, bone, horn, horsehair, baskets, bags, pouches, and other clubs, flutes, dance sticks, talking sticks, quill, seed, and berry are Indian containers; belts, buckles, jewelry, shaman staffs, cradles, decoys, spiral products. hatbands, hair clips, barrettes, bolos, pipe stems, violins, and Native (b) Specific examples include, but are and other accessories; moccasins, vests, American Church boxes. not limited to: Ivory and baleen jackets, and other articles of clothing; scrimshaw bracelets, abalone shell and dolls and other toys and collectibles § 309.18 What are examples of hide, necklaces, nickel silver scissortail are Indian products. leatherwork, and fur that are Indian pendants, silver sand cast bracelets, (b) Specific examples include, but are products? silver overlay bolos, turquoise channel not limited to: Quilled pipe stems, loom (a) Hide, leatherwork, and fur made or inlay gold rings, cut glass bead rosette beaded belts, pictorial bags adorned significantly decorated by Indian labor,
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including, but not limited to, parfleches, § 309.23 Does this part apply to products SUPPLEMENTARY INFORMATION: tipis, horse trappings and tack, pouches, made before 1935? Regulatory History bags, and hide paintings are Indian The provisions of this part do not products. apply to any art or craft products made On March 15, 1999, the Coast Guard (b) Specific examples include, but are before 1935. published a notice of proposed not limited to: Narrative painted hides, Dated: May 14, 2001. rulemaking in 64 FR 12795. The martingales, saddles, bonnet cases, Robert Lamb, proposed temporary rule would have allowed the draw of the L & N bascule drapes, quirts, forelocks, rosettes, horse Acting Assistant Secretary—Policy, masks, bridles, head stalls, cinches, Management, and Budget. span bridge to remain closed to saddle bags, side drops, harnesses, arm [FR Doc. 01–12666 Filed 5–18–01; 8:45 am] navigation daily from 8 a. m. until noon and from 1 p.m. until 5 p.m. from May bands, belts, and other hand crafted BILLING CODE 4310–84–U items with studs and tooling. 17 through May 28, 1999, June 1 through July 2, 1999, July 6 through § 309.19 What are examples of pottery and September 3, 1999 and from September DEPARTMENT OF TRANSPORTATION ceramics that are Indian products? 7 through September 22, 1999. The (a) Pottery, ceramics, and related arts Coast Guard comment period was limited to 45 days and crafts items made or significantly because the rule needed to be effective decorated by Indian labor, including, 33 CFR Part 117 by May 17, 1999. At the end of the but not limited to, a broad spectrum of comment period, no comments had clays and ceramic material are Indian [CGD08–99–007] been received. However, there was not products. RIN 2115–AE47 time to publish a final temporary rule (b) Specific examples include, but are prior to May 17, 1999. On July 19, 1999, not limited to: Ollas, pitch vessels, Drawbridge Operation Regulation; the Coast Guard received notification pipes, raku bowls, pitchers, canteens, Inner Harbor Navigation Canal, LA that the fender system had been effigy pots, wedding vases, micaceous replaced ahead of schedule and the AGENCY: Coast Guard, DOT. bean pots, seed pots, masks, incised temporary rule was no longer necessary. ACTION: bowls, blackware plates, redware bowls, Withdrawal of notice of The Coast Guard is withdrawing this proposed rulemaking. polychrome vases, and storytellers and notice of temporary rulemaking from other figures. SUMMARY: The Coast Guard is drawbridge operating regulations (CGD08–99–007). § 309.20 What are examples of sculpture, withdrawing a notice of proposed carving, and pipes that are Indian rulemaking for the regulation governing Dated: May 10, 2001. products? the operation of the L & N Railroad/Old Roy J. Casto, Gentilly Road bascule span drawbridge Rear Admiral, U.S. Coast Guard, Commander, (a) Sculpture, carving, and pipes across the Inner Harbor Navigation made by Indian labor including, but not Eighth Coast Guard District. Canal, mile 2.9 at New Orleans, Orleans [FR Doc. 01–12721 Filed 5–18–01; 8:45 am] limited to, wood, soapstone, alabaster, Parish, Louisiana. This proposed rule BILLING CODE 4910–15–U pipestone, argillite, turquoise, ivory, was published, with request for baleen, bone, antler, and shell are comments, to allow the bridge to have Indian products. remained closed to navigation for (b) Specific examples include, but are temporary periods of time, during the ENVIRONMENTAL PROTECTION not limited to: Fetishes, animal months of May, June, July, and AGENCY figurines, pipestone pipes, moose antler September, 1999, for replacement of the combs, argillite bowls, ivory cribbage damaged fender system. A final rule was 40 CFR Part 52 boards, whalebone masks, elk horn not published for the proposed purses, and clamshell gorgets. rulemaking. The fender system has been [AZ 094–0027b; FRL–6916–3] § 309.21 What are examples of dolls and replaced and the temporary rule is no longer necessary. Approval and Promulgation of toys that are Indian products? Implementation Plans; Arizona State DATES: The notice of proposed Dolls, toys, and related items made by Implementation Plan Revision, Indian labor, including, but not limited rulemaking is withdrawn effective May 21, 2001. Coconino County, Mohave County, and to, no face dolls, corn husk dolls, Yuma County kachina dolls, patchwork and palmetto ADDRESSES: Unless otherwise indicated, dolls, reindeer horn dolls, lacrosse documents referred to in this notice are AGENCY: Environmental Protection sticks, stick game articles, gambling available for inspection or copying at Agency (EPA). sticks, gaming dice, miniature cradle the office of the Eighth Coast Guard ACTION: Proposed rule. boards, and yo-yos are Indian products. District, Bridge Administration Branch, Hale Boggs Federal Building, room SUMMARY: EPA is proposing to approve § 309.22 What are examples of painting 1313, 501 Magazine Street, New revisions to the Coconino County, and other fine art forms that are Indian Orleans, Louisiana 70130–3396 between Mohave County, and Yuma County products? 7 a.m. and 4 p.m., Monday through portions of the Arizona State Painting and other fine art forms Friday, except Federal holidays. The Implementation Plan (SIP). These made by Indian labor, and include but Bridge Administration Branch of the revisions concern the recision of all of are not limited to, works on canvas, Eighth Coast Guard District maintains the remaining defunct SIP rules from photography, sand painting, mural, the public docket for this notice of these counties. We are approving the computer generated art, graphic art, proposed rulemaking. recision of local rules that no longer video artwork, printmaking, drawing, FOR FURTHER INFORMATION CONTACT: Phil regulate permitting procedures and bronze casting, glasswork, and art forms Johnson, Bridge Administration Branch, various emission sources under the to be developed in the future are Indian at the address given above, telephone Clean Air Act as amended in 1990 (CAA products. (504) 589–2965. or the Act).
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