Extension of Import Restrictions Imposed on Archaeological Material Originating in Italy and Representing the Pre-Classical, Classical, and Imperial Roman Periods, 3000-3001 [06-528]

Download as PDF 3000 Federal Register / Vol. 71, No. 12 / Thursday, January 19, 2006 / Rules and Regulations 572–8710. For operational aspects, Michael Craig, Chief, Other Government Agencies Branch, (202) 344–1684. SUPPLEMENTARY INFORMATION: DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Part 12 [CBP Dec. 06–01; USCBP–2006–0016] RIN 1505–AB63 Extension of Import Restrictions Imposed on Archaeological Material Originating in Italy and Representing the Pre-Classical, Classical, and Imperial Roman Periods Customs and Border Protection; Homeland Security; Treasury. ACTION: Final rule. rwilkins on PROD1PC63 with RULES AGENCY: SUMMARY: This document amends the Bureau of Customs and Border Protection (CBP) regulations to indicate the extension of the import restrictions that were imposed by Treasury Decision 01–06 on certain archaeological material originating in Italy and representing the pre-Classical, Classical, and Imperial Roman periods of its cultural heritage, ranging in date from approximately the 9th century B.C. through approximately the 4th century A.D. that were imposed by Treasury Decision (T.D.) 01–06. 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 reflect 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. 01–06 contains the Designated List of archaeological material originating in Italy and representing the pre-Classical, Classical, and Imperial Roman periods of its cultural heritage, ranging in date from approximately the 9th century B.C. through approximately the 4th century A.D. EFFECTIVE DATE: January 19, 2006. FOR FURTHER INFORMATION CONTACT: For legal aspects, George F. McCray, Esq., Chief, Intellectual Property Rights and Restricted Merchandise Branch, (202) VerDate Aug<31>2005 18:05 Jan 18, 2006 Jkt 208001 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 Italy on January 19, 2001, concerning the imposition of import restrictions on archeological material originating in Italy and representing the pre-Classical, Classical, and Imperial Roman periods. On January 23, 2001, the United States Customs Service published T.D. 01–06 in the Federal Register (66 FR 7399), which amended 19 CFR 12.104g(a) to indicate the imposition of these restrictions and included a list designating the types of archaeological material 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)). 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 Italy continues to be in jeopardy from pillage of archaeological material representing the pre-Classical, Classical, and Imperial Roman periods, made the necessary determination to extend the import restrictions for an additional five years on December 5, 2005. Accordingly, CBP is amending 19 CFR 12.104g(a) to indicate the extension of the import restrictions. The Designated List of Archaeological Material Originating in Italy and Representing the pre-Classical, Classical, and Imperial Roman periods of Italy covered by these import restrictions is set forth in T.D. 01–06. The Designated List and accompanying image database may also be found at the following internet website address: http://exchanges.state.gov/culprop/ it01fr01.html. The restrictions on the importation of these archaeological materials originating in Italy are to PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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 Italy; or (2) With respect to archaeological material originating in Italy and representing the pre-Classical, Classical, and Imperial Roman periods, verifiable documentation exists that exportation occurred prior to January 19, 2001. 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)(1). List of Subjects in 19 CFR Part 12 Cultural property, Customs duties and inspection, Imports, Prohibited merchandise. Amendment to CBP Regulations For the reasons set forth above, part 12 of Title 19 of the Code of Federal Regulations (19 CFR part 12), is amended as set forth below: I PART 12—SPECIAL CLASSES OF MERCHANDISE 1. The general authority citation for part 12 and the specific authority citation for § 12.104g continue to read as follows: I Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff E:\FR\FM\19JAR1.SGM 19JAR1 Federal Register / Vol. 71, No. 12 / Thursday, January 19, 2006 / Rules and Regulations Schedule of the United States (HTSUS)), 1624; * * * * of the Waterways Management Division, at (310) 732–2020. SUPPLEMENTARY INFORMATION: * Sections 12.104 through 12.104i also issued under 19 U.S.C. 2612; I Regulatory Information On November 5, 2004, we published a notice of proposed rulemaking (NPRM) entitled Anchorage Regulations: San Pedro Bay, CA in the Federal Register (69 FR 64549). We received no letters commenting on the proposed rule. No public meeting was requested, and none was held. Deborah J. Spiro, Acting Commissioner, Bureau of Customs and Border Protection. Background and Purpose Ships of increasing size are calling on the Ports of Los Angeles—Long Beach. While in an anchorage area, these larger ships require watch circles of 1500 yards in diameter. Currently, the anchorage area outside the federal breakwater is made up of watch circles 1000 yards in diameter. An increase in the anchorage boundary will allow three additional anchorages for vessels with watch circles of 1500 yards in diameter. * * * § 12.104g * * [Amended] 2. In § 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 Italy by removing the reference to ‘‘T.D. 01–06’’ in the column headed ‘‘Decision No.’’ and adding in its place the language ‘‘T.D. 01–06 extended by CBP Dec. 06– 01’’. Approved: January 17, 2006. Timothy E. Skud, Deputy Assistant Secretary of the Treasury. [FR Doc. 06–528 Filed 1–18–06; 8:45 am] BILLING CODE 9111–14–P Discussion of Comments and Changes The Coast Guard received no comments on this rule and has not changed the regulations from the published NPRM. DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 110 [CGD11–04–007] RIN 1625–AA01 Anchorage Regulations; San Pedro Bay, CA Coast Guard, DHS. Final rule. AGENCY: rwilkins on PROD1PC63 with RULES ACTION: SUMMARY: The Coast Guard is enlarging the current anchorage area outside the Federal breakwater of the Ports of Los Angeles—Long Beach, CA. This rule is necessary in order to accommodate the ever-increasing number of larger vessels necessitating anchorage and will provide vessels an appropriate area to anchor. DATES: This rule is effective February 21, 2006. ADDRESSES: Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, are part of docket CGD11–04–007 and are available for inspection or copying at Sector Los Angeles—Long Beach, 1001 South Seaside Avenue, Building 20, San Pedro, California, 90731, between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lieutenant Peter Gooding, USCG, Chief VerDate Aug<31>2005 16:18 Jan 18, 2006 Jkt 205001 Regulatory Evaluation This rule is not a ‘‘significant regulatory action’’ under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. It is not ‘‘significant’’ under the regulatory policies and procedures of the Department of Homeland Security (DHS). We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. This proposal will impose no cost on vessel operators, and have minimal impact to vessel traffic. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 3001 a significant economic impact on a substantial number of small entities. This rule will possibly affect the following entities, some of which may be small entities: The owners and operators of private and commercial vessels intending to transit or anchor in the affected area. The impact to these entities would not, however, be significant since this zone will encompass only a small portion of the waterway and vessels can safely navigate around the anchored vessels. Additionally, large passenger vessels already routinely anchor within the anchorage areas. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we offered to assist small entities in understanding the rule so that they can better evaluate its effects on them and participate in the rulemaking process. However, we received no requests for assistance from any small entities. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of E:\FR\FM\19JAR1.SGM 19JAR1

Agencies

[Federal Register Volume 71, Number 12 (Thursday, January 19, 2006)]
[Rules and Regulations]
[Pages 3000-3001]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-528]



[[Page 3000]]

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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 06-01; USCBP-2006-0016]
RIN 1505-AB63


Extension of Import Restrictions Imposed on Archaeological 
Material Originating in Italy and Representing the Pre-Classical, 
Classical, and Imperial Roman Periods

AGENCY: Customs and Border Protection; Homeland Security; Treasury.

ACTION: Final rule.

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

SUMMARY: This document amends the Bureau of Customs and Border 
Protection (CBP) regulations to indicate the extension of the import 
restrictions that were imposed by Treasury Decision 01-06 on certain 
archaeological material originating in Italy and representing the pre-
Classical, Classical, and Imperial Roman periods of its cultural 
heritage, ranging in date from approximately the 9th century B.C. 
through approximately the 4th century A.D. that were imposed by 
Treasury Decision (T.D.) 01-06. 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 
reflect 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. 01-06 contains the Designated List of 
archaeological material originating in Italy and representing the pre-
Classical, Classical, and Imperial Roman periods of its cultural 
heritage, ranging in date from approximately the 9th century B.C. 
through approximately the 4th century A.D.

EFFECTIVE DATE: January 19, 2006.

FOR FURTHER INFORMATION CONTACT: For legal aspects, George F. McCray, 
Esq., Chief, Intellectual Property Rights and Restricted Merchandise 
Branch, (202) 572-8710. 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 Italy on January 19, 2001, concerning 
the imposition of import restrictions on archeological material 
originating in Italy and representing the pre-Classical, Classical, and 
Imperial Roman periods. On January 23, 2001, the United States Customs 
Service published T.D. 01-06 in the Federal Register (66 FR 7399), 
which amended 19 CFR 12.104g(a) to indicate the imposition of these 
restrictions and included a list designating the types of 
archaeological material 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)).
    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 Italy continues to be in jeopardy from 
pillage of archaeological material representing the pre-Classical, 
Classical, and Imperial Roman periods, made the necessary determination 
to extend the import restrictions for an additional five years on 
December 5, 2005. Accordingly, CBP is amending 19 CFR 12.104g(a) to 
indicate the extension of the import restrictions.
    The Designated List of Archaeological Material Originating in Italy 
and Representing the pre-Classical, Classical, and Imperial Roman 
periods of Italy covered by these import restrictions is set forth in 
T.D. 01-06. The Designated List and accompanying image database may 
also be found at the following internet website address: http://
exchanges.state.gov/culprop/it01fr01.html. The restrictions on the 
importation of these archaeological materials originating in Italy 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 Italy; or
    (2) With respect to archaeological material originating in Italy 
and representing the pre-Classical, Classical, and Imperial Roman 
periods, verifiable documentation exists that exportation occurred 
prior to January 19, 2001.

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)(1).

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 Title 19 of the Code of 
Federal 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 continue to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), 
Harmonized Tariff

[[Page 3001]]

Schedule of the United States (HTSUS)), 1624;
* * * * *
    Sections 12.104 through 12.104i also issued under 19 U.S.C. 
2612;
* * * * *


Sec.  12.104g  [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 Italy by removing the reference to 
``T.D. 01-06'' in the column headed ``Decision No.'' and adding in its 
place the language ``T.D. 01-06 extended by CBP Dec. 06-01''.

Deborah J. Spiro,
Acting Commissioner, Bureau of Customs and Border Protection.

    Approved: January 17, 2006.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 06-528 Filed 1-18-06; 8:45 am]
BILLING CODE 9111-14-P