2024-24332. Safeguard Tribal Objects of Patrimony

NAICS code	NAICS industry description	Size standards in millions of dollars	Size standards in number of employees
458310	Jewelry Retailers	$20.5
459130	Sewing, Needlework, and Piece Goods Retailers	34.0
459420	Gift, Novelty, and Souvenir Retailers	13.5
459920	Art Dealers	16.5

DOI's preliminary threshold analysis included the small entity communities (and industries) for retailers and dealers listed in the above table. The proposed regulations would not have a significant economic impact on these small entities. During Tribal consultations held in fall 2023 on its draft proposed rule, DOI received feedback from stakeholders in these industries but did not receive any information or comments specific to the development of this preliminary threshold analysis. Consequently, DOI has developed a list of questions located at the end of this section to obtain more information from these small entity communities (and industries) for retailers and dealers to aid in further developing this analysis.

The rule DOI proposes creates a minimal burden on select market participants who voluntarily opt to participate in stopping the export of cultural items, and aid in facilitating the international repatriation of cultural items prohibited from being trafficked by the NAGPRA, and archeological resources prohibited from being trafficked by the ARPA. The burden on ( print page 85089) a participant includes the administrative fee DOI will assess and potentially an appraisal the IRS would require for cultural items that participants claim as a tax-deductible gift if they have a monetary value of $5,000.00 or more. The proposed regulations would not have an impact on a substantial number of these small entities. DOI's threshold analysis identified:

• no increase to regulatory compliance costs;
• no decreases to annual revenue;
• no increases to the risk of short-term or long-term insolvency; and
• no disproportional impacts to small businesses.

Initial/Threshold Regulatory Flexibility Analysis

NAICS code	NAICS industry description	Regulatory compliance costs	Decrease to annual revenue
458310	Jewelry Retailers	$0.00	$0.00
459130	Sewing, Needlework, and Piece Goods Retailers	0.00	0.00
459420	Gift, Novelty, and Souvenir Retailers	0.00	0.00
459920	Art Dealers	0.00	0.00