Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Proposed Rules 61613

(6) Once the propeller is installed with P/

N B–3339 bolts and P/N A–2048–2 washers, 

this AD no longer applies. 

(b) Within the next 300 hours time-inservice after the effective date of this AD, do 

the following on all applicable 

turbopropellers presently installed with P/N 

A–2047 attaching bolts: 

(1) Check the torque, with a torque wrench 

and an appropriate adapter, of all eight 

propeller attaching bolts (with washers 

installed). Torque should be 100 to 125 ft.-

lbs., with dry threads. (Caution: Do not use 

any lubricant with the P/N A–2047 bolts. 

Safety wire all bolts in an FAA-approved 

manner.) 

(2) If the torque of any one of the bolts is 

found to be less than 100 ft.-lbs., remove all 

eight bolts and washers and replace with P/

N B–3339 bolts and P/N A–2048–2 washers 

using paragraphs (a)(1) through (a)(5) of this 

AD. 

(3) A P/N A–2047 bolt has the letter ‘‘H’’

stamped inside a triangle on the bolt. A P/

N B–3339 bolt has the P/N stamped inside 

the cupped head. 

(4) If the torque of each P/N A–2047 bolt 

is in compliance, then at next propeller 

disassembly, remove all eight bolts and 

washers and replace with P/N B–3339 bolts 

and P/N A–2048–2 washers. Use paragraphs 

(a)(1) through (a)(5) of this AD to do the 

replacements. 

(5) Hartzell Service Instructions No. 140A, 

Revision 8, dated April 6, 2004, is the latest 

service information that pertains to the 

subject of this AD. 

Alternative Methods of Compliance 

(c) An alternative method of compliance or 

adjustment of the compliance time that 

provides an acceptable level of safety may be 

used if approved by the Manager, Chicago 

Aircraft Certification Office. Operators must 

submit their requests through an appropriate 

FAA Principal Maintenance Inspector, who 

may add comments and then send it to the 

Manager, Chicago Aircraft Certification 

Office.

Note 2: Information concerning the 

existence of approved alternative methods of 

compliance with this airworthiness directive, 

if any, may be obtained from the Chicago 

Aircraft Certification Office.

Special Flight Permits 

(d) Special flight permits may be issued in 

accordance with §§ 21.197 and 21.199 of the 

Federal Aviation Regulations (14 CFR 21.197 

and 21.199) to operate the airplane to a 

location where the requirements of this AD 

can be done.

Issued in Burlington, Massachusetts, on 

October 12, 2004. 

Jay J. Pardee, 

Manager, Engine and Propeller Directorate, 

Aircraft Certification Service.

[FR Doc. 04–23366 Filed 10–19–04; 8:45 am] 

BILLING CODE 4910–13–C

DEPARTMENT OF THE INTERIOR

Office of the Secretary 

43 CFR Part 10 

RIN 1024–AC84 

Native American Graves Protection 

and Repatriation Act Regulations—

Future Applicability

AGENCY: Department of the Interior.

ACTION: Proposed rule.

SUMMARY: This proposed rule and 

request for comments relates to one 

section of regulations implementing the 

Native American Graves Protection and 

Repatriation Act of 1990 (‘‘the Act’’). 

This section outlines procedures for the 

future applicability of the Act to 

museums and Federal agencies. 

Publication of this section is intended to 

solicit comments from Indian tribes, 

Native Hawaiian organizations, 

museums, Federal agencies, and 

members of the public prior to its 

publication in final form.

DATES: Written comments will be 

accepted until January 18, 2005.

ADDRESSES: Comments (2 copies) should 

be addressed to: Dr. Sherry Hutt, 

Manager, National NAGPRA Program, 

National Park Service, RIN 1024–AC84, 

1849 C Street NW., (2253), Washington, 

DC 20240–0001, or hand deliver 

comments to 1201 Eye Street NW., 

Washington, DC 20005.

FOR FURTHER INFORMATION CONTACT: Dr. 

Sherry Hutt, Manager, National 

NAGPRA Program, National Park 

Service, 1849 C Street NW., (2253), 

Washington, DC 20240–0001. 

Telephone: (202) 354–2209. Fax: (202) 

371–5197.

SUPPLEMENTARY INFORMATION: On 

November 16, 1990, President George 

Bush signed into law the Native 

American Graves Protection and 

Repatriation Act (25 U.S.C. 3001 et 

seq.), hereafter referred to as the Act. 

The Act addresses the rights of lineal 

descendants, Indian Tribes and Native 

Hawaiian organizations to certain 

Native American human remains, 

funerary objects, sacred objects and 

objects of cultural patrimony with 

which they are affiliated. Section 13 of 

the Act requires the Secretary of the 

Interior to promulgate regulations to 

carry out provisions of the Act. 

Regulations implementing the Act 

were published as final in the Federal 

Register on December 4, 1995. 60 FR 62, 

158 (Dec. 4, 1995), codified as 43 CFR 

part 10. Five sections were reserved in 

the final regulations with the intention 

that they would be published in the 

future. This proposed rule for § 10.13 

develops procedures regarding the 

future applicability of the Act to 

museums and Federal agencies. 

This rule proposes to clarify the 

applicability of the Act to museums and 

Federal agencies following the statutory 

deadlines for completion of summaries 

and inventories. The Act requires 

museums and Federal agencies, as 

defined by the Act, to provide 

summaries of their collections to any 

Indian tribe or Native Hawaiian 

organization that is, or is likely to be, 

culturally affiliated with the collection 

by November 16, 1993. The Act also 

requires museums and Federal agencies 

to prepare, in consultation with 

culturally affiliated Indian tribes and 

Native Hawaiian organizations, 

inventories of human remains and 

associated funerary objects by 

November 16, 1995. The Act also 

requires museums and Federal agencies 

to submit notices for publication in the 

Federal Register prior to repatriation. 

Four types of situations are anticipated 

where a museum or Federal agency may 

fall under the jurisdiction of the Act 

after the statutory deadlines: (1) The 

museum or Federal agency receives new 

collections; (2) a previously 

unrecognized Indian group is 

recognized as an Indian tribe; (3) an 

institution in possession or control of 

Native American human remains, 

funerary objects, sacred objects or 

objects of cultural patrimony receives 

Federal funds for the first time; and (4) 

the museum or Federal agency revises a 

decision previously published in the 

Federal Register. In each case the 

proposed rule establishes deadlines for 

the required summaries, inventories, or 

notices. 

Public Participation 

It is the policy of the Department of 

the Interior, whenever practicable, to 

afford the public an opportunity to 

participate in the rulemaking process. 

Accordingly, interested persons may 

submit written comments regarding this 

proposed rule to the address noted at 

the beginning of this rulemaking. The 

NPS will review all comments and 

consider making changes to the rule 

based upon analysis of the comments. 

Copies of this proposed rule may be 

obtained by submitting a request to the 

Manager, National NAGPRA Program, 

National Park Service, at the address 

noted at the beginning of this 

rulemaking. Commentors wishing the 

National Park Service to acknowledge 

receipt of their comments must submit 

with those comments a self-addressed, 

stamped postcard on which the 

following statement is made: 

61614 Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Proposed Rules 

‘‘Comments to RIN 1024–AC84.’’ The 

postcard will be date stamped and 

returned to the commentor. 

Drafting Information 

This final rule was prepared by Dr. C. 

Timothy McKeown (National NAGPRA 

Program) and Dr. Francis P. 

McManamon (Archeology and 

Ethnography Program), in consultation 

with the Native American Graves 

Protection and Repatriation Review 

Committee as directed by section 8 

(c)(7) of the Act. 

Compliance With Laws, Executive 

Orders, and Departmental Policy 

Regulatory Planning and Review 

(Executive Order 12866) 

This rule has not been reviewed by 

the Office of Management and Budget 

under Executive Order 12866. 

1. This rule will not have an effect of 

$100 million or more on the economy. 

It will not adversely affect in a material 

way the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

or tribal governments or communities. 

2. This rule will not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency. 

3. This rule does not alter the 

budgetary effects or entitlements, grants, 

user fees, or loan programs, or the rights 

or obligations of their recipients. 

4. This rule does not raise novel legal 

or policy issues. 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this document will not 

have a significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule will not: (1) Have an annual 

effect on the economy of $100 million 

or more; (2) cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, 

local or tribal government agencies, or 

geographic regions; or (3) have 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises.

Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 

unique effect on State, local or tribal 

governments, or the private sector. A 

statement containing the information 

required by the Unfunded Mandates 

Reform Act (2 U.S.C. 1531 et seq.) is not 

required. 

Takings (Executive Order 12630) 

In accordance with Executive Order 

12630, the rule does not have significant 

takings implications. A takings 

implication assessment is not required. 

Museums are only required to repatriate 

human remains, funerary objects, sacred 

objects, or objects of cultural patrimony 

for which they can not prove right of 

possession [25 U.S.C. 3005(c)]. 

Federalism (Executive Order 13132) 

In accordance with Executive Order 

13132, the rule does not have sufficient 

federalism implications to warrant the 

preparation of a Federalism Assessment. 

A Federalism Assessment is not 

required. 

Civil Justice Reform (Executive Order 

12988) 

In accordance with Executive Order 

12988, the Office of the Solicitor has 

determined that this rule does not 

unduly burden the judicial system and 

does not meet the requirements of 

sections 3(a) and 3(b) of the order. 

Paperwork Reduction Act 

The collection of information 

contained in this rule has been 

submitted to the Office of Management 

and Budget for approval as required by 

44 U.S.C. 3501 et seq. The collection of 

this information will not be required 

until it has been approved by the Office 

of Management and Budget. Public 

reporting burden for this collection of 

information is expected to average 20 

hours for the exchange of summary/

inventory information between a 

museum and an Indian tribe and six 

hours per response for the notification 

to the Secretary of the Interior, 

including time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collected information. 

Send comments regarding this burden 

estimate or any other aspects of this 

collection of information, including 

suggestions for reducing the burden, to 

Information Collection Officer, Attn: 

RIN 1024–AC84, National Park Service, 

Department of Interior Building, 1849 C 

Street NW., Room 3317, Washington DC 

20240, and the Office of Management 

and Budget, Office of Information and 

Regulatory Affairs, Attention: Desk 

Officer for the Department of the 

Interior, Washington, DC 20503. 

National Environmental Policy Act 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment.

Government-to-Government 

Relationship With Tribes 

In accordance with Executive Order 

13175 ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249), the President’s memorandum of 

April 29, 1994, ‘‘Government-toGovernment Relations with Native 

American Tribal Governments’’ (59 FR 

22951), and 512 DM 2 we have 

evaluated potential effects on federally 

recognized Indian tribes and have 

determined that there are no potential 

effects. NAGPRA makes provisions for 

the return to lineal descendants, Indian 

tribes and Native Hawaiian 

organizations of Native American 

human remains, funerary objects, sacred 

objects, and objects of cultural 

patrimony. Native American 

organizations participated in the 

drafting of this rule. 

Clarity of This Regulation 

Executive Order 12866 requires each 

agency to write regulations that are easy 

to understand. We invite comments on 

how to make this rule easier to 

understand, including answers to 

questions such as the following: (1) Are 

the requirements in the rule clearly 

stated? (2) Does the rule contain 

technical language or jargon that 

interferes with its clarity? (3) Does the 

format of the rule (grouping and order 

of sections, use of headings, 

paragraphing, etc.) aid or reduce its 

clarity? (4) Would the rule be easier to 

understand if it were divided into more 

(but shorter) sections? (A ‘‘section’’

appears in bold type and is preceded by 

the symbol ‘‘§ ’’ and a numbered 

heading; for example, § 10.13 Future 

Applicability.) (5) Is the description of 

the rule in the SUPPLEMENTARY

INFORMATION section of the preamble 

helpful in understanding the proposed 

rule? What else could we do to make the 

rule easier to understand? 

Send a copy of any comments that 

concern how we could make this rule 

easier to understand to: Office of 

Regulatory Affairs, Department of the 

Interior, Room 7229, 1849 C Street NW., 

Washington, DC 20240. You may also email the comments to: 

Exsec@os.doi.gov.

Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Proposed Rules 61615

List of Subjects in 43 CFR Part 10 

Administrative practice and 

procedure, Graves, Hawaiian Natives, 

Historic preservation, Indians-claims, 

Museums, Reporting and recordkeeping 

requirements.

For the reasons stated in the 

preamble, the Department of the Interior 

proposes to amend 43 CFR subtitle A as 

follows:

PART 10—NATIVE AMERICAN 

GRAVES PROTECTION AND 

REPATRIATION REGULATIONS 

1. The authority citation for part 10 

continues to read as follows:

Authority: 25 U.S.C. 3001 et seq.

2. Section 10.13 is added to read as 

follows:

§ 10.13 Future applicability. 

(a) General. This section sets forth the 

applicability of the Act to museums and 

Federal agencies after expiration of the 

statutory deadlines for completion of 

summaries and inventories. 

(b) New collections. (1) Any museum 

or Federal agency that, after completion 

of the summaries and inventories 

required pursuant to § 10.8 and § 10.9 of 

these regulations, receives a new 

collection or locates a previously 

unreported current collection that may 

include human remains, funerary 

objects, sacred objects or objects of 

cultural patrimony, must: 

(i) Within six months of receiving a 

new collection or locating a previously 

unreported current collection, provide a 

summary of the collection pursuant to 

§ 10.8 of these regulations to any Indian 

tribe or Native Hawaiian organization 

that is, or is likely to be, culturally 

affiliated with the collection; and 

(ii) Within two years of receiving a 

new collection or locating a previously 

unreported current collection, prepare, 

in consultation with any culturally 

affiliated Indian tribe or Native 

Hawaiian organization, an inventory 

pursuant to § 10.9 of these regulations. 

(2) Additional pieces or fragments of 

previously repatriated human remains, 

funerary objects, sacred objects and 

objects of cultural patrimony may be 

returned to the appropriate Indian tribe 

or Native Hawaiian organization 

without publication of a notice in the 

Federal Register, as otherwise required 

under § 10.8(f) and § 10.9(e), if they do 

not constitute a substantive change in 

the notice published at the time of the 

original repatriation. For example, 

repatriation of newly found sherds from 

a previously repatriated funerary bowl 

would not require a new Federal 

Register notice, while another 

previously unreported ceramic vessel 

from the same burial site would require 

a new Federal Register notice prior to 

repatriation. 

(c) New Indian tribes. (1) Any 

museum or Federal agency that has 

possession or control of human remains, 

funerary objects, sacred objects, or 

objects of cultural patrimony that are, or 

are likely to be, culturally affiliated with 

a previously non-Federally recognized 

Native American group, must: 

(i) Within six months of the 

publication in the Federal Register of 

the Native American group’s placement 

on the list of Indian Entities Recognized 

and Eligible to Receive Services from 

the United States Bureau of Indian 

Affairs, provide a summary of the 

collection pursuant to § 10.8 of these 

regulations to that Indian tribe; and 

(ii) Within two years of the 

publication in the Federal Register of 

the Native American group’s placement 

on the list of Indian Entities Recognized 

and Eligible to Receive Services from 

the United States Bureau of Indian 

Affairs, prepare, in consultation with 

the newly recognized culturally 

affiliated Indian tribe an inventory 

pursuant to § 10.9 of these regulations. 

(2) The list of Indian Entities 

Recognized and Eligible to Receive 

Services from the United States Bureau 

of Indian Affairs is published in the 

Federal Register pursuant to provisions 

of the Federally Recognized Indian 

Tribe List Act of 1994 [Pub. L. 103–454, 

108 Stat. 4791]. 

(d) New Federal funds. Any museum 

that has possession or control of human 

remains, funerary objects, sacred 

objects, or objects of cultural patrimony 

and receives Federal funds for the first 

time after expiration of the statutory 

deadlines for completion of summaries 

and inventories must: 

(1) Within three years of the date of 

receipt of Federal funds, provide a 

summary of the collection pursuant to 

§ 10.8 of these regulations to any Indian 

tribe or Native Hawaiian organization 

that is, or is likely to be, culturally 

affiliated with the collections; and 

(2) Within five years of the date of 

receipt of Federal funds, prepare, in 

consultation with any culturally 

affiliated Indian tribe or Native 

Hawaiian organization, an inventory 

pursuant to § 10.9 of these regulations. 

(e) Amendment of previous decision.

(1) Any museum or Federal agency that 

has previously published a notice in the 

Federal Register regarding the intent to 

repatriate unassociated funerary objects, 

sacred objects, and objects of cultural 

patrimony pursuant to § 10.8(f), or the 

completion of an inventory of Native 

American human remains and 

associated funerary objects pursuant to 

§ 10.9(e), must publish an amendment 

to that notice if, based on subsequent 

information, the museum or Federal 

agency revises its decision in a way that 

changes the number or cultural 

affiliation of the cultural items listed. 

(2) Repatriation may not occur until at 

least thirty (30) days after publication of 

the amended notice in the Federal 

Register. 

(f) All actions taken pursuant to this 

section must also comply with all other 

relevant sections of 43 CFR 10.

Dated: September 24, 2004. 

Craig Manson, 

Assistant Secretary for Fish and Wildlife and 

Parks.

[FR Doc. 04–23179 Filed 10–19–04; 8:45 am] 

BILLING CODE 4310–70–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73

[DA 04–3172; MB Docket No. 04–388, RM–

11089; MB Docket No. 04–389, RM–11090; 

MB Docket No. 04–390, RM–11091; MB 

Docket No. 04–391, RM–11092] 

Radio Broadcasting Services; Blythe, 

CA; Boyce, LA; Celoron, NY; and 

Wells, TX

AGENCY: Federal Communications 

Commission.

ACTION: Proposed rule.

SUMMARY: This document sets forth four 

proposals to amend the FM Table of 

Allotments, Section 73.202(b) of the 

Commission’s rules, 47 CFR 73.202(b). 

The Commission requests comment on 

a petition filed by Linda A. Davidson. 

Petitioner proposes the allotment of 

Channel 239B at Blythe, California, as a 

second local FM allotment. Channel 

239B can be allotted at Blythe in 

compliance with the Commission’s 

minimum distance separation 

requirements without site restriction at 

center city coordinates. The proposed 

coordinates for Channel 239B at Blythe 

are 33–37–02 North Latitude and 114–

35–20 West Longitude. The proposed 

allotment is located within 320 

kilometers (199 miles) of the United 

States-Mexico border, so it will be 

necessary to obtain concurrence in the 

allotment from the Government of 

Mexico. See Supplementary Information 

infra.

DATES: Comments must be filed on or 

before November 29, 2004, and reply 

comments on or before December 14, 

2004.