Extension of Import Restrictions Imposed on Certain Categories of Archaeological Material From the Prehispanic Cultures of the Republic of El Salvador, 11539-11540 [05-4625]

Download as PDF Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Rules and Regulations Related Information (n) CAA airworthiness directive G–2004– 010, dated April 8, 2004, also addresses the subject of this AD. Issued in Burlington, Massachusetts, on February 25, 2005. Jay J. Pardee, Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. 05–4076 Filed 3–8–05; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Part 12 [CBP Dec. 05–10] RIN 1505–AB56 Extension of Import Restrictions Imposed on Certain Categories of Archaeological Material From the Prehispanic Cultures of the Republic of El Salvador Customs and Border Protection; Department of Homeland Security; Department of the Treasury. ACTION: Final rule. AGENCY: This document amends the Customs and Border Protection (CBP) regulations to reflect the extension of the import restrictions on certain categories of archaeological material from the Prehispanic cultures of the Republic of El Salvador which were imposed by T.D. 95–20. The Assistant Secretary for Educational and Cultural Affairs, United States Department of State, has determined that conditions continue to warrant the imposition of import restrictions. Accordingly, the restrictions will remain in effect for an additional 5 years, and the CBP regulations are being amended to indicate this extension. These restrictions are being extended pursuant to determinations of the United States Department of State made under the terms of the Convention on Cultural Property Implementation Act in accordance with the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. T.D. 95–20 contains the Designated List of archaeological material representing Prehispanic cultures of El Salvador. DATES: Effective Date: March 8, 2005. SUMMARY: VerDate jul<14>2003 17:19 Mar 08, 2005 Jkt 205001 For legal aspects, Joseph Howard, (202) 572–8701. For operational aspects, Michael Craig, Chief, Other Government Agencies Branch, (202) 344–1684. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background Pursuant to the provisions of the 1970 United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention, codified into U.S. law as the Convention on Cultural Property Implementation Act (Pub. L. 97–446, 19 U.S.C. 2601 et seq.), the United States entered into a bilateral agreement with the Republic of El Salvador on March 8, 1995, concerning the imposition of import restrictions on certain categories of archeological material from the Prehispanic cultures of the Republic of El Salvador. On March 10, 1995, the United States Customs Service published T.D. 95–20 in the Federal Register (60 FR 13352), which amended 19 CFR 12.104g(a) to reflect the imposition of these restrictions and included a list designating the types of article covered by the restrictions. Import restrictions listed in 19 CFR 12.104g(a) are ‘‘effective for no more than five years beginning on the date on which the agreement enters into force with respect to the United States. This period can be extended for additional periods not to exceed five years if it is determined that the factors which justified the initial agreement still pertain and no cause for suspension of the agreement exists’’ (19 CFR 12.104g(a)). On March 9, 2000, the United States Customs Service published T.D. 00–16 in the Federal Register (65 FR 12470), which amended 19 CFR 12.104g(a) to reflect the extension for an additional period of five years. Sections 403(1) and 411 of the Homeland Security Act of 2002 (Pub. L. 107–296) transferred the United States Customs Service and certain of its functions from the Department of the Treasury to the Department of Homeland Security. Pursuant to section 1502 of the Act, the President renamed the ‘‘Customs Service’’ as the ‘‘Bureau of Customs and Border Protection,’’ also referred to as the ‘‘CBP.’’ After reviewing the findings and recommendations of the Cultural Property Advisory Committee, the Assistant Secretary for Educational and Cultural Affairs, United States Department of State, concluding that the cultural heritage of El Salvador continues to be in jeopardy from pillage of Prehispanic archaeological resources, made the necessary determinations to extend the import restrictions for an PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 11539 additional five years on February 2, 2005. Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the extension of the import restrictions. The Designated List of Archaeological Material Representing Prehispanic Cultures of El Salvador covered by these import restrictions is set forth in T.D. 95–20. The Designated List and accompanying image database may also be found at the following Internet Web site address: http://exchanges.state.gov/ culprop/esimage.html. The restrictions on the importation of these archaeological materials from the Republic of El Salvador are to continue in effect for an additional 5 years. Importation of such material continues to be restricted unless: (1) Accompanied by appropriate export certification issued by the Government of the Republic of El Salvador; or (2) With respect to Pre-Columbian material from archaeological sites throughout El Salvador, documentation exists that exportation from El Salvador occurred prior to March 10, 1995; or (3) With respect specifically to PreColumbian material from the Cara Sucia archaeological region, documentation exists that exportation from El Salvador occurred prior to September 7, 1987. Inapplicability of Notice and Delayed Effective Date This amendment involves a foreign affairs function of the United States and is, therefore, being made without notice or public procedure (5 U.S.C. 553(a)(1)). In addition, CBP has determined that such notice or public procedure would be impracticable and contrary to the public interest because the action being taken is essential to avoid interruption of the application of the existing import restrictions (5 U.S.C. 553(b)(B)). For the same reasons, pursuant to 5 U.S.C. 553(d)(3), a delayed effective date is not required. Regulatory Flexibility Act Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. Executive Order 12866 This amendment does not meet the criteria of a ‘‘significant regulatory action’’ as described in Executive Order 12866. Signing Authority This regulation is being issued in accordance with 19 CFR 0.1(a)(2). E:\FR\FM\09MRR1.SGM 09MRR1 11540 Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Rules and Regulations required for the current year. The final rule will strengthen the defined benefit system and enhance the PBGC’s ability to carry out its mission effectively and efficiently. Amendment to CBP Regulations DATES: Effective Date: April 8, 2005. For a discussion of applicability of the I For the reasons set forth above, part 12 of the CBP Regulations (19 CFR part 12), amendments, see the Applicability section in SUPPLEMENTARY INFORMATION. is amended as set forth below: FOR FURTHER INFORMATION CONTACT: PART 12—SPECIAL CLASSES OF James J. Armbruster, Acting Director, MERCHANDISE Legislative & Regulatory Department, or James L. Beller, Attorney, Legislative & I 1. The general authority citation for part 12 and the specific authority citation Regulatory Department, PBGC, 1200 K Street, NW., Washington, DC 20005– for § 12.104g are revised to read as 4026; (202) 326–4024. (TTY/TDD users follows: may call the Federal relay service tollAuthority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 free at 1–800–877–8339 and ask to be (General Note 3(i), Harmonized Tariff connected to (202) 326–4024.) Schedule of the United States (HTSUS)), SUPPLEMENTARY INFORMATION: On 1624; December 28, 2004 (at 69 FR 77679), the * * * * * PBGC published a proposed rule Sections 12.104 through 12.104i also modifying 29 CFR part 4010 of the issued under 19 U.S.C. 2612; PBGC’s regulations (Annual Financial * * * * * and Actuarial Information Reporting). (The PBGC published a correction on § 12.104 [Amended] January 12, 2005 (at 70 FR 2080)). The I 2. In § 12.104g(a), the table of the list PBGC received seven comment letters of agreements imposing import on the proposed rule (which are restrictions on described articles of addressed below) and is issuing the cultural property of State Parties is final regulation with three amended in the entry for El Salvador by modifications: (1) The proposed removing the reference to ‘‘T.D. 00–16’’ requirement to provide identifying and adding in its place ‘‘CBP Dec. 05– information on exempt entities is 10’’ in the column headed ‘‘Decision eliminated; (2) for the first year this rule No.’’. is in effect, filers may submit their reports by providing the information in Robert C. Bonner, an electronic format specified on the Commissioner, Customs and Border PBGC’s Web site, rather than Protection. exclusively through the PBGC’s WebTimothy E. Skud, based software application, and (3) for Deputy Assistant Secretary of the Treasury. that first year, companies may continue [FR Doc. 05–4625 Filed 3–8–05; 8:45 am] to use the optional assumptions method BILLING CODE 4820–02–P to determine whether filing is required. There are other minor modifications, as noted below. PENSION BENEFIT GUARANTY This rule is part of the Pension CORPORATION Benefit Guaranty Corporation’s (PBGC’s) ongoing effort to streamline regulation 29 CFR Parts 4000 and 4010 and to improve administration of the RIN 1212–AB01 pension insurance program, with a focus on making pension-related data Electronic Filing—Annual Financial more accurate, complete, timely, and— and Actuarial Information in particular—transparent. It is also part of the PBGC’s ongoing implementation AGENCY: Pension Benefit Guaranty of the Government Paperwork Corporation. Elimination Act and is consistent with ACTION: Final rule. the Office of Management and Budget’s SUMMARY: The PBGC is amending its directive to remove regulatory regulation on Annual Financial and impediments to electronic transactions. Actuarial Information Reporting to The rule builds in the flexibility needed require: Electronic filing in a to allow the PBGC to update the standardized format of certain electronic filing process as technology identifying, financial, and actuarial advances. The PBGC administers the pension information and the filing of additional items of supporting information that are insurance programs under Title IV of the Employee Retirement Income readily available to the filer, including Security Act of 1974 (ERISA). To enable a demonstration by a filer for the the PBGC to anticipate and, when previous year that a filing is not List of Subjects in 19 CFR Part 12 Cultural property, Customs duties and inspection, Imports, Prohibited merchandise. VerDate jul<14>2003 17:46 Mar 08, 2005 Jkt 205001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 possible, minimize potential liabilities that may arise from the termination of significantly underfunded plans, ERISA section 4010 requires the reporting of actuarial and financial information by controlled groups with pension plans that have significant funding problems. Specifically, reporting is required by a controlled group if: (1) The aggregate unfunded vested benefits of all plans maintained by members of the controlled group exceed $50 million (disregarding plans with no unfunded vested benefits); (2) the conditions specified in section 302(f) of ERISA and section 412(n) of the Internal Revenue Code for imposing a lien for missed contributions exceeding $1 million have been met with respect to any plan maintained by any member of the controlled group; or (3) the Internal Revenue Service has granted minimum funding waivers in excess of $1 million to any plan maintained by any member of the controlled group, and any portion of the waiver(s) is still outstanding. Pursuant to section 4010 of ERISA, the PBGC issued its regulation on Annual Financial and Actuarial Information Reporting in 1995 (29 CFR part 4010). The regulation specifies the items of identifying, financial, and actuarial information that filers must submit under section 4010 but does not currently require a standardized format. The PBGC reviews the information that is filed and enters it into an electronic database for more detailed analysis. Computer-assisted analysis of this information enables the PBGC to anticipate possible major demands on the pension insurance system and to focus PBGC resources on situations that pose the greatest risks to that system. Because other sources of information are usually not as current as the section 4010 information, the section 4010 filing plays a vital role in the PBGC’s ability to protect participant and premium-payer interests. As modified, the final rule: (1) Requires electronic filing of section 4010 information in a standardized format; (2) requires the submission of certain additional information the PBGC needs to carry out its role of protecting participant and premium-payer interests; (3) modifies the rules for determining whether aggregate unfunded vested benefits exceed $50 million (the $50 million section 4010 gateway test) for reporting for information years ending on or after December 31, 2005; and (4) removes the requirement that a power of attorney accompany any filing made by a person other than a filer. E:\FR\FM\09MRR1.SGM 09MRR1

Agencies

[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Rules and Regulations]
[Pages 11539-11540]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4625]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 05-10]
RIN 1505-AB56


Extension of Import Restrictions Imposed on Certain Categories of 
Archaeological Material From the Prehispanic Cultures of the Republic 
of El Salvador

AGENCY: Customs and Border Protection; Department of Homeland Security; 
Department of the Treasury.

ACTION: Final rule.

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

SUMMARY: This document amends the Customs and Border Protection (CBP) 
regulations to reflect the extension of the import restrictions on 
certain categories of archaeological material from the Prehispanic 
cultures of the Republic of El Salvador which were imposed by T.D. 95-
20. The Assistant Secretary for Educational and Cultural Affairs, 
United States Department of State, has determined that conditions 
continue to warrant the imposition of import restrictions. Accordingly, 
the restrictions will remain in effect for an additional 5 years, and 
the CBP regulations are being amended to indicate this extension. These 
restrictions are being extended pursuant to determinations of the 
United States Department of State made under the terms of the 
Convention on Cultural Property Implementation Act in accordance with 
the United Nations Educational, Scientific and Cultural Organization 
(UNESCO) Convention on the Means of Prohibiting and Preventing the 
Illicit Import, Export and Transfer of Ownership of Cultural Property. 
T.D. 95-20 contains the Designated List of archaeological material 
representing Prehispanic cultures of El Salvador.

DATES: Effective Date: March 8, 2005.

FOR FURTHER INFORMATION CONTACT: For legal aspects, Joseph Howard, 
(202) 572-8701. For operational aspects, Michael Craig, Chief, Other 
Government Agencies Branch, (202) 344-1684.

SUPPLEMENTARY INFORMATION:

Background

    Pursuant to the provisions of the 1970 United Nations Educational, 
Scientific and Cultural Organization (UNESCO) Convention, codified into 
U.S. law as the Convention on Cultural Property Implementation Act 
(Pub. L. 97-446, 19 U.S.C. 2601 et seq.), the United States entered 
into a bilateral agreement with the Republic of El Salvador on March 8, 
1995, concerning the imposition of import restrictions on certain 
categories of archeological material from the Prehispanic cultures of 
the Republic of El Salvador. On March 10, 1995, the United States 
Customs Service published T.D. 95-20 in the Federal Register (60 FR 
13352), which amended 19 CFR 12.104g(a) to reflect the imposition of 
these restrictions and included a list designating the types of article 
covered by the restrictions.
    Import restrictions listed in 19 CFR 12.104g(a) are ``effective for 
no more than five years beginning on the date on which the agreement 
enters into force with respect to the United States. This period can be 
extended for additional periods not to exceed five years if it is 
determined that the factors which justified the initial agreement still 
pertain and no cause for suspension of the agreement exists'' (19 CFR 
12.104g(a)).
    On March 9, 2000, the United States Customs Service published T.D. 
00-16 in the Federal Register (65 FR 12470), which amended 19 CFR 
12.104g(a) to reflect the extension for an additional period of five 
years.
    Sections 403(1) and 411 of the Homeland Security Act of 2002 (Pub. 
L. 107-296) transferred the United States Customs Service and certain 
of its functions from the Department of the Treasury to the Department 
of Homeland Security. Pursuant to section 1502 of the Act, the 
President renamed the ``Customs Service'' as the ``Bureau of Customs 
and Border Protection,'' also referred to as the ``CBP.''
    After reviewing the findings and recommendations of the Cultural 
Property Advisory Committee, the Assistant Secretary for Educational 
and Cultural Affairs, United States Department of State, concluding 
that the cultural heritage of El Salvador continues to be in jeopardy 
from pillage of Prehispanic archaeological resources, made the 
necessary determinations to extend the import restrictions for an 
additional five years on February 2, 2005. Accordingly, CBP is amending 
19 CFR 12.104g(a) to reflect the extension of the import restrictions. 
The Designated List of Archaeological Material Representing Prehispanic 
Cultures of El Salvador covered by these import restrictions is set 
forth in T.D. 95-20. The Designated List and accompanying image 
database may also be found at the following Internet Web site address: 
http://exchanges.state.gov/culprop/esimage.html. The restrictions on 
the importation of these archaeological materials from the Republic of 
El Salvador are to continue in effect for an additional 5 years. 
Importation of such material continues to be restricted unless:
    (1) Accompanied by appropriate export certification issued by the 
Government of the Republic of El Salvador; or
    (2) With respect to Pre-Columbian material from archaeological 
sites throughout El Salvador, documentation exists that exportation 
from El Salvador occurred prior to March 10, 1995; or
    (3) With respect specifically to Pre-Columbian material from the 
Cara Sucia archaeological region, documentation exists that exportation 
from El Salvador occurred prior to September 7, 1987.

Inapplicability of Notice and Delayed Effective Date

    This amendment involves a foreign affairs function of the United 
States and is, therefore, being made without notice or public procedure 
(5 U.S.C. 553(a)(1)). In addition, CBP has determined that such notice 
or public procedure would be impracticable and contrary to the public 
interest because the action being taken is essential to avoid 
interruption of the application of the existing import restrictions (5 
U.S.C. 553(b)(B)). For the same reasons, pursuant to 5 U.S.C. 
553(d)(3), a delayed effective date is not required.

Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required, the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do 
not apply.

Executive Order 12866

    This amendment does not meet the criteria of a ``significant 
regulatory action'' as described in Executive Order 12866.

Signing Authority

    This regulation is being issued in accordance with 19 CFR 
0.1(a)(2).

[[Page 11540]]

List of Subjects in 19 CFR Part 12

    Cultural property, Customs duties and inspection, Imports, 
Prohibited merchandise.

Amendment to CBP Regulations

0
For the reasons set forth above, part 12 of the CBP Regulations (19 CFR 
part 12), is amended as set forth below:

PART 12--SPECIAL CLASSES OF MERCHANDISE

0
1. The general authority citation for part 12 and the specific 
authority citation for Sec.  12.104g are revised to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), 
Harmonized Tariff Schedule of the United States (HTSUS)), 1624;
* * * * *

    Sections 12.104 through 12.104i also issued under 19 U.S.C. 
2612;

* * * * *


Sec.  12.104  [Amended]

0
2. In Sec.  12.104g(a), the table of the list of agreements imposing 
import restrictions on described articles of cultural property of State 
Parties is amended in the entry for El Salvador by removing the 
reference to ``T.D. 00-16'' and adding in its place ``CBP Dec. 05-10'' 
in the column headed ``Decision No.''.

Robert C. Bonner,
Commissioner, Customs and Border Protection.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 05-4625 Filed 3-8-05; 8:45 am]
BILLING CODE 4820-02-P