83_FR_13018 83 FR 12960 - Agency Information Collection Activities: Native American Graves Protection and Repatriation Regulations

83 FR 12960 - Agency Information Collection Activities: Native American Graves Protection and Repatriation Regulations

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 83, Issue 58 (March 26, 2018)

Page Range12960-12962
FR Document2018-06056

In accordance with the Paperwork Reduction Act of 1995, the National Park Service is proposing to renew an information collection.

Federal Register, Volume 83 Issue 58 (Monday, March 26, 2018)
[Federal Register Volume 83, Number 58 (Monday, March 26, 2018)]
[Notices]
[Pages 12960-12962]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06056]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-CR-NAGPRA-21578; PPWOCRADN0, PCU00RP14.R50000; OMB Control 
Number 1024-0144]


Agency Information Collection Activities: Native American Graves 
Protection and Repatriation Regulations

AGENCY: National Park Service, Interior.

ACTION: Notice of information collection; request for comment.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the 
National Park Service is proposing to renew an information collection.

DATES: Interested persons are invited to submit comments on or before 
May 25, 2018.

ADDRESSES: Send your comments on the information collection request 
(ICR) by mail to Tim Goddard, Information Collection Clearance Officer, 
National Park Service, 12201 Sunrise Valley Drive, MS-242, Reston, VA 
20192; or by email to [email protected]. Please reference OMB Control 
Number 1024-0144 in the subject line of your comments.

FOR FURTHER INFORMATION CONTACT: To request additional information 
about this ICR, contact Melanie O'Brien, Manager, National Native 
American Graves Protection and Repatriation Act (NAGPRA) Program, by 
email at melanie_o'[email protected], or by telephone at 202-354-2204.

SUPPLEMENTARY INFORMATION: We (National Park Service, NPS), in 
accordance with the Paperwork Reduction Act of 1995, provide the 
general public and other Federal agencies with an opportunity to 
comment on proposed, revised, and continuing collections of 
information. This helps us assess the impact of our information 
collection requirements and minimize the public's reporting burden. It 
also helps the public understand our information collection 
requirements and provide the requested data in the desired format.
    We are soliciting comments on the proposed ICR that is described 
below. We are especially interested in public comment addressing the 
following issues: (1) Is the collection necessary for the proper 
functions of the NPS National Native American Graves Protection and 
Repatriation Act (NAGPRA) Program; (2) will this information be 
processed and used in a timely manner; (3) is the estimate of burden 
accurate; (4) how might the NPS National NAGPRA Program enhance the 
quality, utility, and clarity of the information to be collected; and 
(5) how might the NPS National NAGPRA Program minimize the burden of 
this collection on the respondents, including through the use of 
information technology.
    Comments that you submit in response to this notice are a matter of 
public record. We will include or summarize each comment in our 
response to OMB to approve this ICR. Before including your address, 
phone number, email address, or other personal identifying information 
in your

[[Page 12961]]

comment, you should be aware that your entire comment--including your 
personal identifying information--may be made publicly available at any 
time. While you can ask us in your comment to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number.
    Title of Collection: Native American Graves Protection and 
Repatriation Regulations, 43 CFR part 10.
    OMB Control Number: 1024-0144.
    Form Number: None.
    Type of Review: Extension of a currently approved collection.
    Respondents/Affected Public: Any institution or State or local 
government agency (including any institution of higher learning) that 
receives Federal funds and has possession of, or control over, Native 
American human remains, funerary objects, sacred objects, or objects of 
cultural patrimony (``museum'').
    Total Estimated Number of Annual Responses: 203.
    Total Estimated Number of Annual Burden Hours: 4,597.
    Total Number of Annual Respondents: 139.
    Estimated Completion Time per Response: Varies.

----------------------------------------------------------------------------------------------------------------
                                                                     Estimated
                                                   Total number     completion     Total number    Total number
             Information collection                  of annual       time  per       of annual       of annual
                                                     responses       response      burden hours     respondents
                                                                      (hrs.)
----------------------------------------------------------------------------------------------------------------
Summaries (initial).............................               6             100             600               6
Summaries (updated/amended).....................              14              10             140              14
Inventories (initial)...........................              11             200           2,200              11
Inventories (updated/amended)...................              31              10             310              31
Notices of Inventory Completion.................              96              10             960            * 45
Notices of Intent to Repatriate Cultural Items..              38              10             380            * 26
Correcting Previously Published Notices.........               7               1               7             * 6
                                                 ---------------------------------------------------------------
    Totals......................................             203  ..............           4,597             139
----------------------------------------------------------------------------------------------------------------
* Typically, a respondent will submit one response. However, some respondents submit multiple responses in one
  year.

    Respondent's Obligation: Mandatory.
    Frequency of Collection: On occasion.
    Total Estimated Annual Non-hour Burden Cost: None.
    Abstract: One of the purposes of the Native American Graves 
Protection and Repatriation Act (NAGPRA, the Act) is to provide for the 
repatriation of Native American human remains and funerary objects, 
sacred objects, and objects of cultural patrimony (``cultural items'') 
to lineal descendants, and affiliated Indian tribes and Native Hawaiian 
organizations. The Secretary of the Interior has several 
responsibilities under the Act, which include promulgating regulations 
to carry out the Act and publishing notices in the Federal Register.
    Under NAGPRA and its implementing regulations, a museum must 
compile an inventory of Native American human remains and associated 
funerary objects under its control and, to the extent possible based on 
the information it possesses, identify the geographical and cultural 
affiliation of the human remains and funerary objects. Inventories must 
be completed in consultation with Indian tribal government and Native 
Hawaiian organization officials, and traditional religious leaders. The 
NPS National NAGPRA Program, on behalf of the Secretary, collects 
information pertinent for determining the cultural affiliation and 
geographical origin of the human remains and associated funerary 
objects, including descriptions, acquisition data, and consultation 
concerning the human remains and objects, and it makes this information 
publicly available. The NPS National NAGPRA Program also provides 
sample inventories to assist museums.
    The Act and its implementing regulations require a museum to 
describe in a summary its holding or collection of Native American 
objects that might be unassociated funerary objects, sacred objects, or 
objects of cultural patrimony. The summary is followed by consultation 
on the identity and cultural affiliation of objects with Indian tribal 
government and Native Hawaiian organization officials, and traditional 
religious leaders. The NPS National NAGPRA Program, on behalf of the 
Secretary, collects information pertinent for determining the cultural 
affiliation and identity of objects (as cultural items), including 
descriptions, acquisition data, and parties invited to consult about 
the objects, and it makes this information publicly available. The NPS 
National NAGPRA Program also provides sample summaries to assist 
museums.
    After the expiration of the statutory deadlines for completing an 
inventory and a summary, if a museum receives a new holding or 
discovers an unreported current holding, or has control of cultural 
items that are, or are likely to be, culturally affiliated with a newly 
federally recognized Indian tribe, the museum must update or amend its 
inventory or summary. The NPS National NAGPRA Program, on behalf of the 
Secretary, collects information pertinent for determining the cultural 
affiliation and geographical origin of the human remains and associated 
funerary objects (in the inventory update), or for determining the 
cultural affiliation and identity of objects as cultural items (in the 
summary update), and it makes this information publicly available.
    If a museum determines the cultural affiliation of human remains 
and associated funerary objects in an inventory, the museum must draft 
and send a written notice of its determination to the affected Indian 
tribes or Native Hawaiian organizations, and copy the NPS National 
NAGPRA Program. The NPS National NAGPRA Program, in turn, publishes 
this notice of inventory completion in the Federal Register on behalf 
of the Secretary. Similarly, a museum must draft and send a notice of 
inventory completion to the NPS National NAGPRA Program for publication 
in the Federal Register where human remains determined by the museum to 
be culturally unidentifiable are claimed by an Indian tribe or Native 
Hawaiian organization having a geographical affiliation to the human 
remains. The information in a notice of inventory completion collected 
by the NPS National NAGPRA Program is based on the information in the 
museum's completed inventory. The

[[Page 12962]]

NPS National NAGPRA Program provides templates for notices of inventory 
completion to assist museums in drafting these notices.
    After receiving a request from an Indian tribe or Native Hawaiian 
organization to repatriate an object described in a summary, if a 
museum determines that the object being requested is an unassociated 
funerary object, a sacred object, or an object of cultural patrimony, 
and is culturally affiliated with the requestor, the museum drafts and 
sends a notice of intent to repatriate cultural items to the NPS 
National NAGPRA Program, which publishes the notice in the Federal 
Register. The information in a notice of intent to repatriate cultural 
items collected by the NPS National NAGPRA Program is based on the 
information in the museum's summary, and is supplemented by information 
pertinent to the identity and cultural affiliation of the cultural 
item. The NPS National NAGPRA Program provides a template for a notice 
of intent to repatriate cultural items to assist museums in drafting 
this notice.
    A museum that revises its decision in a way that changes the number 
or cultural affiliation of cultural items listed in a notice that was 
previously published in the Federal Register must draft and send a 
correction notice to the NPS National NAGPRA Program, which publishes 
the correction notice in the Federal Register. The NPS National NAGPRA 
Program provides a template for a correction notice to assist museums 
in drafting this notice.
    The NPS National NAGPRA Program collects and makes publicly 
available the above described information in order to ensure the 
protection of the constitutional due process rights of lineal 
descendants, Indian tribes and Native Hawaiian organizations related to 
property. As evidence of a museum's compliance with the Act, the 
information collected by the NPS National NAGPRA Program serves the 
reporting museum because only where a museum repatriates a cultural 
item in good faith pursuant to the Act will it be immune from liability 
for claims by an aggrieved party or for claims of breach of fiduciary 
duty, public trust, or violations of state law that are inconsistent 
with the provisions of NAGPRA.
    Authorities: The authorities for this action are the Native 
American Graves Protection and Repatriation Act (NAGPRA; 25 U.S.C. 3001 
et seq.), NAGPRA Regulations (43 CFR part 10), and the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Tim Goddard,
Information Collection Clearance Officer, National Park Service.
[FR Doc. 2018-06056 Filed 3-23-18; 8:45 am]
 BILLING CODE 4312-52-P



                                                12960                         Federal Register / Vol. 83, No. 58 / Monday, March 26, 2018 / Notices

                                                amended (ESA; 16 U.S.C. 1531 et seq.),                  variegata), brown lemur (Eulemur                      SUMMARY:    In accordance with the
                                                we invite public comment on these                       fulvus), Diana monkey (Cercopithicus                  Paperwork Reduction Act of 1995, the
                                                permit applications before final action is              diana), and lar gibbon (Hylobates lar).               National Park Service is proposing to
                                                taken.                                                  This notification covers activities to be             renew an information collection.
                                                                                                        conducted by the applicant over a 5-                  DATES: Interested persons are invited to
                                                III. Permit Applications                                year period.                                          submit comments on or before May 25,
                                                   We invite the public to comment on                                                                         2018.
                                                applications to conduct certain                         Multiple Trophies
                                                                                                                                                              ADDRESSES: Send your comments on the
                                                activities with endangered species. With                  The following applicants each request               information collection request (ICR) by
                                                some exceptions, the ESA prohibits                      a permit to import sport-hunted trophies              mail to Tim Goddard, Information
                                                activities with listed species unless                   of a male bontebok (Damaliscus                        Collection Clearance Officer, National
                                                Federal authorization is acquired that                  pygargus pygargus) culled from a                      Park Service, 12201 Sunrise Valley
                                                allows such activities.                                 captive herd maintained under the                     Drive, MS–242, Reston, VA 20192; or by
                                                Applicant: NOAA/Pacific Islands                         management program of the Republic of                 email to tim_goddard@nps.gov. Please
                                                   Regional Office, Honolulu, HI; PRT–                  South Africa, for the purpose of                      reference OMB Control Number 1024–
                                                   022729                                               enhancing the propagation or survival of              0144 in the subject line of your
                                                   The applicant requests reissuance of                 the species.                                          comments.
                                                their permit to import from the high                    Applicant: Thomas McRae Sloan,
                                                seas samples and/or whole carcasses of                                                                        FOR FURTHER INFORMATION CONTACT: To
                                                                                                          Midland, TX; PRT–63058C
                                                short-tailed albatross (Phoebastria                     Applicant: Frazer Wadenstorer, Holly,                 request additional information about
                                                albatrus) for the purpose of                              MI: PRT–44772C                                      this ICR, contact Melanie O’Brien,
                                                enhancement of the species through                      Applicant: Michael R. Sartorie, Billings,             Manager, National Native American
                                                scientific research. This notice covers                   MT; PRT–66543C                                      Graves Protection and Repatriation Act
                                                activities conducted by the applicant                   Applicant: Scott A. Lamphere,                         (NAGPRA) Program, by email at
                                                over a 5-year period.                                     Henderson, MI; PRT–69701C                           melanie_o’brien@nps.gov, or by
                                                Applicant: Southwest Fisheries Science                  Applicant: Timothy Ferrall, Riverside,                telephone at 202–354–2204.
                                                   Center, La Jolla, CA; PRT–68677C                       CA; PRT–61303C                                      SUPPLEMENTARY INFORMATION: We
                                                   (Previously PRT–844694)                              Applicant: James Toney, Baker, LA;                    (National Park Service, NPS), in
                                                   The applicant requests reissuance of                   PRT–61596C                                          accordance with the Paperwork
                                                the permit to import biological samples                 Applicant: Robert Hennen, Isle, MN;                   Reduction Act of 1995, provide the
                                                collected from wild and captive-bred                      PRT–61302C                                          general public and other Federal
                                                animals of Kemp’s ridley sea turtle                     IV. Next Steps                                        agencies with an opportunity to
                                                (Lepidochelys kempii), hawksbill sea                                                                          comment on proposed, revised, and
                                                turtle (Eretmochelys imbricata),                          If the Service decides to issue permits             continuing collections of information.
                                                leatherback sea turtle (Dermochelys                     to any of the applicants listed in this               This helps us assess the impact of our
                                                coriacea), green sea turtle (Chelonia                   notice, we will publish a notice in the               information collection requirements and
                                                mydas), loggerhead sea turtle (Caretta                  Federal Register. You may locate the                  minimize the public’s reporting burden.
                                                caretta), and olive ridley sea turtle                   Federal Register notice announcing the                It also helps the public understand our
                                                (Lepidochelys olivacea) for the purpose                 permit issuance date by searching in                  information collection requirements and
                                                of scientific research. Samples are                     www.regulations.gov under the permit                  provide the requested data in the
                                                collected from live or salvaged                         number listed in this document (e.g.,                 desired format.
                                                specimens. This notification covers                     PRT–12345X).                                             We are soliciting comments on the
                                                activities conducted by the applicant                   VI. Authority                                         proposed ICR that is described below.
                                                over a 5-year period.                                                                                         We are especially interested in public
                                                                                                          Endangered Species Act of 1973 (16                  comment addressing the following
                                                Applicant: Zoological Society of San                    U.S.C. 1531 et seq.).
                                                   Diego; PRT–53381C                                                                                          issues: (1) Is the collection necessary for
                                                   The applicant requests a permit to                   Joyce Russell,                                        the proper functions of the NPS
                                                import one male and two female                          Government Information Specialist, Branch             National Native American Graves
                                                captive-born quokka (Setonix                            of Permits, Division of Management                    Protection and Repatriation Act
                                                brachyurus) to enhance the propagation                  Authority.                                            (NAGPRA) Program; (2) will this
                                                and survival of the species. This                       [FR Doc. 2018–06036 Filed 3–23–18; 8:45 am]           information be processed and used in a
                                                notification is for a single import.                    BILLING CODE 4333–15–P                                timely manner; (3) is the estimate of
                                                Applicant: Zoological Society of                                                                              burden accurate; (4) how might the NPS
                                                   Pittsburgh; PRT–69379C                                                                                     National NAGPRA Program enhance the
                                                   The applicant requests a permit to                   DEPARTMENT OF THE INTERIOR                            quality, utility, and clarity of the
                                                import African elephant (Loxodonta                                                                            information to be collected; and (5) how
                                                africana) semen to enhance the                          National Park Service                                 might the NPS National NAGPRA
                                                propagation and survival of the species.                [NPS–WASO–CR–NAGPRA–21578;                            Program minimize the burden of this
                                                This notification is for multiple imports.              PPWOCRADN0, PCU00RP14.R50000; OMB                     collection on the respondents, including
                                                Applicant: Charles Jordan, d/b/a NBJ                    Control Number 1024–0144]                             through the use of information
                                                   Zoological Park, LTD., Spring Ranch,                                                                       technology.
                                                                                                        Agency Information Collection                            Comments that you submit in
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                                                   TX; PRT–751619
                                                   The applicant requests a captive-bred                Activities: Native American Graves                    response to this notice are a matter of
                                                wildlife registration under 50 CFR                      Protection and Repatriation                           public record. We will include or
                                                17.21(g) for the following species to                   Regulations                                           summarize each comment in our
                                                enhance species propagation or                          AGENCY:  National Park Service, Interior.             response to OMB to approve this ICR.
                                                survival: Arabian oryx (Oryx leucoryx),                                                                       Before including your address, phone
                                                                                                        ACTION: Notice of information collection;
                                                ring-tailed lemur (Lemur catta), black                                                                        number, email address, or other
                                                                                                        request for comment.
                                                and white ruffed lemur (Varecia                                                                               personal identifying information in your


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                                                                                         Federal Register / Vol. 83, No. 58 / Monday, March 26, 2018 / Notices                                                                          12961

                                                comment, you should be aware that                                          unless it displays a currently valid OMB                          funds and has possession of, or control
                                                your entire comment—including your                                         control number.                                                   over, Native American human remains,
                                                personal identifying information—may                                         Title of Collection: Native American                            funerary objects, sacred objects, or
                                                be made publicly available at any time.                                    Graves Protection and Repatriation                                objects of cultural patrimony
                                                While you can ask us in your comment                                       Regulations, 43 CFR part 10.                                      (‘‘museum’’).
                                                to withhold your personal identifying                                        OMB Control Number: 1024–0144.                                     Total Estimated Number of Annual
                                                information from public review, we                                           Form Number: None.                                              Responses: 203.
                                                cannot guarantee that we will be able to                                     Type of Review: Extension of a                                     Total Estimated Number of Annual
                                                do so.                                                                     currently approved collection.                                    Burden Hours: 4,597.
                                                                                                                             Respondents/Affected Public: Any                                   Total Number of Annual
                                                  An agency may not conduct or                                             institution or State or local government                          Respondents: 139.
                                                sponsor, and a person is not required to                                   agency (including any institution of                                 Estimated Completion Time per
                                                respond to, a collection of information                                    higher learning) that receives Federal                            Response: Varies.

                                                                                                                                                                                           Estimated
                                                                                                                                                                        Total number       completion               Total number   Total number
                                                                                         Information collection                                                           of annual            time                   of annual      of annual
                                                                                                                                                                         responses        per response              burden hours   respondents
                                                                                                                                                                                              (hrs.)

                                                Summaries (initial) ...........................................................................................                      6                     100               600               6
                                                Summaries (updated/amended) ......................................................................                                  14                      10               140              14
                                                Inventories (initial) ............................................................................................                  11                     200             2,200              11
                                                Inventories (updated/amended) .......................................................................                               31                      10               310              31
                                                Notices of Inventory Completion ......................................................................                              96                      10               960            * 45
                                                Notices of Intent to Repatriate Cultural Items .................................................                                    38                      10               380            * 26
                                                Correcting Previously Published Notices .........................................................                                    7                       1                 7              *6

                                                      Totals ........................................................................................................              203   ........................          4,597            139
                                                   * Typically, a respondent will submit one response. However, some respondents submit multiple responses in one year.


                                                   Respondent’s Obligation: Mandatory.                                     including descriptions, acquisition data,                         museum must update or amend its
                                                   Frequency of Collection: On occasion.                                   and consultation concerning the human                             inventory or summary. The NPS
                                                   Total Estimated Annual Non-hour                                         remains and objects, and it makes this                            National NAGPRA Program, on behalf of
                                                Burden Cost: None.                                                         information publicly available. The NPS                           the Secretary, collects information
                                                   Abstract: One of the purposes of the                                    National NAGPRA Program also                                      pertinent for determining the cultural
                                                Native American Graves Protection and                                      provides sample inventories to assist                             affiliation and geographical origin of the
                                                Repatriation Act (NAGPRA, the Act) is                                      museums.                                                          human remains and associated funerary
                                                to provide for the repatriation of Native                                     The Act and its implementing                                   objects (in the inventory update), or for
                                                American human remains and funerary                                        regulations require a museum to                                   determining the cultural affiliation and
                                                objects, sacred objects, and objects of                                    describe in a summary its holding or                              identity of objects as cultural items (in
                                                cultural patrimony (‘‘cultural items’’) to                                 collection of Native American objects                             the summary update), and it makes this
                                                lineal descendants, and affiliated Indian                                  that might be unassociated funerary                               information publicly available.
                                                tribes and Native Hawaiian                                                 objects, sacred objects, or objects of                               If a museum determines the cultural
                                                organizations. The Secretary of the                                        cultural patrimony. The summary is                                affiliation of human remains and
                                                Interior has several responsibilities                                      followed by consultation on the identity                          associated funerary objects in an
                                                under the Act, which include                                               and cultural affiliation of objects with                          inventory, the museum must draft and
                                                promulgating regulations to carry out                                      Indian tribal government and Native                               send a written notice of its
                                                the Act and publishing notices in the                                      Hawaiian organization officials, and                              determination to the affected Indian
                                                Federal Register.                                                          traditional religious leaders. The NPS                            tribes or Native Hawaiian organizations,
                                                   Under NAGPRA and its implementing                                       National NAGPRA Program, on behalf of                             and copy the NPS National NAGPRA
                                                regulations, a museum must compile an                                      the Secretary, collects information                               Program. The NPS National NAGPRA
                                                inventory of Native American human                                         pertinent for determining the cultural                            Program, in turn, publishes this notice
                                                remains and associated funerary objects                                    affiliation and identity of objects (as                           of inventory completion in the Federal
                                                under its control and, to the extent                                       cultural items), including descriptions,                          Register on behalf of the Secretary.
                                                possible based on the information it                                       acquisition data, and parties invited to                          Similarly, a museum must draft and
                                                possesses, identify the geographical and                                   consult about the objects, and it makes                           send a notice of inventory completion to
                                                cultural affiliation of the human                                          this information publicly available. The                          the NPS National NAGPRA Program for
                                                remains and funerary objects.                                              NPS National NAGPRA Program also                                  publication in the Federal Register
                                                Inventories must be completed in                                           provides sample summaries to assist                               where human remains determined by
                                                consultation with Indian tribal                                            museums.                                                          the museum to be culturally
                                                government and Native Hawaiian                                                After the expiration of the statutory                          unidentifiable are claimed by an Indian
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                                                organization officials, and traditional                                    deadlines for completing an inventory                             tribe or Native Hawaiian organization
                                                religious leaders. The NPS National                                        and a summary, if a museum receives a                             having a geographical affiliation to the
                                                NAGPRA Program, on behalf of the                                           new holding or discovers an unreported                            human remains. The information in a
                                                Secretary, collects information pertinent                                  current holding, or has control of                                notice of inventory completion collected
                                                for determining the cultural affiliation                                   cultural items that are, or are likely to                         by the NPS National NAGPRA Program
                                                and geographical origin of the human                                       be, culturally affiliated with a newly                            is based on the information in the
                                                remains and associated funerary objects,                                   federally recognized Indian tribe, the                            museum’s completed inventory. The


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                                                12962                         Federal Register / Vol. 83, No. 58 / Monday, March 26, 2018 / Notices

                                                NPS National NAGPRA Program                             and the Paperwork Reduction Act of                    domestic industries, one comprised of
                                                provides templates for notices of                       1995 (44 U.S.C. 3501 et seq.).                        domestic producers of HFC components
                                                inventory completion to assist museums                                                                        and the other of domestic producers of
                                                                                                        Tim Goddard,
                                                in drafting these notices.                                                                                    HFC blends. The Commission then
                                                                                                        Information Collection Clearance Officer,             determined that the domestic industry
                                                   After receiving a request from an                    National Park Service.
                                                                                                                                                              producing HFC blends was materially
                                                Indian tribe or Native Hawaiian                         [FR Doc. 2018–06056 Filed 3–23–18; 8:45 am]           injured by reason of subject imports of
                                                organization to repatriate an object                    BILLING CODE 4312–52–P                                HFC blends, whereas the domestic
                                                described in a summary, if a museum
                                                                                                                                                              industry producing HFC components
                                                determines that the object being
                                                                                                                                                              was not materially injured or threatened
                                                requested is an unassociated funerary                   INTERNATIONAL TRADE                                   with material injury by reason of subject
                                                object, a sacred object, or an object of                COMMISSION                                            imports of HFC components. Petitioners
                                                cultural patrimony, and is culturally                                                                         appealed the determination to the U.S.
                                                affiliated with the requestor, the                      [Investigation No. 731–TA–1279 (Final)
                                                                                                        (Remand)]                                             Court of International Trade (‘‘CIT’’),
                                                museum drafts and sends a notice of                                                                           challenging the Commission’s
                                                intent to repatriate cultural items to the              Hydrofluorocarbon Blends and                          determination that there were two
                                                NPS National NAGPRA Program, which                      Components From China                                 domestic like products consisting of
                                                publishes the notice in the Federal                                                                           HFC blends and HFC components. The
                                                Register. The information in a notice of                AGENCY: United States International                   CIT remanded two issues to the
                                                intent to repatriate cultural items                     Trade Commission.                                     Commission and affirmed all other
                                                collected by the NPS National NAGPRA                    ACTION: Notice of remand proceedings.                 aspects of the Commission’s like
                                                Program is based on the information in                                                                        product determination. Arkema, Inc. v.
                                                the museum’s summary, and is                            SUMMARY:    The U.S. International Trade              United States, Court No. 16–00179, Slip.
                                                supplemented by information pertinent                   Commission (‘‘Commission’’) hereby                    Op. 18–12 (Ct. Int’l Trade Feb. 16,
                                                to the identity and cultural affiliation of             gives notice of the court-ordered remand              2018).
                                                the cultural item. The NPS National                     of its final determination in the                        Participation in the proceeding.—
                                                                                                        antidumping duty investigation of                     Only those persons who were interested
                                                NAGPRA Program provides a template
                                                                                                        hydrofluorocarbon blends and                          parties that participated in the
                                                for a notice of intent to repatriate
                                                                                                        components (‘‘HFC’’) from China. For                  investigations (i.e., persons listed on the
                                                cultural items to assist museums in
                                                                                                        further information concerning the                    Commission Secretary’s service list) and
                                                drafting this notice.
                                                                                                        conduct of these remand proceedings                   also parties to the appeal may
                                                   A museum that revises its decision in                and rules of general application, consult             participate in the remand proceedings.
                                                a way that changes the number or                        the Commission’s Rules of Practice and                Such persons need not make any
                                                cultural affiliation of cultural items                  Procedure.                                            additional notice of appearances or
                                                listed in a notice that was previously                  DATES: Applicable Date: March 16,                     applications with the Commission to
                                                published in the Federal Register must                  2018.                                                 participate in the remand proceedings,
                                                draft and send a correction notice to the                                                                     unless they are adding new individuals
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                NPS National NAGPRA Program, which                                                                            to the list of persons entitled to receive
                                                publishes the correction notice in the                  Joanna Lo (202–205–1888), Office of
                                                                                                        Investigations, U.S. International Trade              business proprietary information
                                                Federal Register. The NPS National                                                                            (‘‘BPI’’) under administrative protective
                                                NAGPRA Program provides a template                      Commission, 500 E Street SW,
                                                                                                        Washington, DC 20436. Hearing-                        order. BPI referred to during the remand
                                                for a correction notice to assist                                                                             proceedings will be governed, as
                                                                                                        impaired persons can obtain
                                                museums in drafting this notice.                                                                              appropriate, by the administrative
                                                                                                        information on this matter by contacting
                                                   The NPS National NAGPRA Program                      the Commission’s TDD terminal on 202–                 protective order issued in the
                                                collects and makes publicly available                   205–1810. Persons with mobility                       investigation. The Secretary will
                                                the above described information in                      impairments who will need special                     maintain a service list containing the
                                                order to ensure the protection of the                   assistance in gaining access to the                   names and addresses of all persons or
                                                constitutional due process rights of                    Commission should contact the Office                  their representatives who are parties to
                                                lineal descendants, Indian tribes and                   of the Secretary at 202–205–2000.                     the remand proceedings, and the
                                                Native Hawaiian organizations related                   General information concerning the                    Secretary will maintain a separate list of
                                                to property. As evidence of a museum’s                  Commission may also be obtained by                    those authorized to receive BPI under
                                                compliance with the Act, the                            accessing its internet server (https://               the administrative protective order
                                                information collected by the NPS                        www.usitc.gov). The public record of                  during the remand proceedings.
                                                National NAGPRA Program serves the                                                                               Written Submissions.—The
                                                                                                        Investigation No. 731–TA–1279 (Final)
                                                reporting museum because only where a                                                                         Commission is not reopening the record
                                                                                                        may be viewed on the Commission’s
                                                museum repatriates a cultural item in                                                                         and will not accept the submission of
                                                                                                        electronic docket (EDIS) at https://                  new factual information for the record.
                                                good faith pursuant to the Act will it be               edis.usitc.gov.                                       The Commission will permit the parties
                                                immune from liability for claims by an
                                                                                                        SUPPLEMENTARY INFORMATION:                            to file comments concerning how the
                                                aggrieved party or for claims of breach                    Background.—In August 2016, the                    Commission could best comply with the
                                                of fiduciary duty, public trust, or                     Commission issued its unanimous                       Court’s remand instructions.
                                                violations of state law that are                        determination in Hydrofluorocarbon                       The comments must be based solely
sradovich on DSK3GMQ082PROD with NOTICES




                                                inconsistent with the provisions of                     Blends and Components from China,                     on the information in the Commission’s
                                                NAGPRA.                                                 Inv. No. 731–TA–1279 (Final), USITC                   record. The Commission will reject
                                                   Authorities: The authorities for this                Pub. 4629 (August 2016). Applying the                 submissions containing additional
                                                action are the Native American Graves                   five-factor finished/semi-finished                    factual information or arguments
                                                Protection and Repatriation Act                         product analysis, the Commission found                pertaining to issues other than those on
                                                (NAGPRA; 25 U.S.C. 3001 et seq.),                       that there were two domestic like                     which the Court has remanded this
                                                NAGPRA Regulations (43 CFR part 10),                    products, and consequently two                        matter. The deadline for filing


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Document Created: 2018-03-24 00:59:51
Document Modified: 2018-03-24 00:59:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of information collection; request for comment.
DatesInterested persons are invited to submit comments on or before May 25, 2018.
ContactTo request additional information about this ICR, contact Melanie O'Brien, Manager, National Native American Graves Protection and Repatriation Act (NAGPRA) Program, by email at melanie_o'[email protected], or by telephone at 202-354-2204.
FR Citation83 FR 12960 

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