Federal Register/Vol. 66, No. 98/Monday, May 21, 2001
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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 VerDate 11<MAY>2000 16:35 May 18, 2001 Jkt 194001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\21MYP1.SGM pfrm04 PsN: 21MYP1 27916 Federal Register / Vol. 66, No. 98 / Monday, May 21, 2001 / Proposed Rules 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.