Extension of Import Restrictions Imposed on Archaeological and Ethnological Material From Bolivia, 74690-74691 [2011-30897]

Download as PDF 74690 Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Rules and Regulations trawl, hook-and-line, pot gear, and/or operational type is exceeded, the amount by which the seasonal apportionment is exceeded will be deducted from the respective apportionment for the next season during a current fishing year. * * * * * (7) * * * (ii) Hook-and-line fisheries. If, during the fishing year, the Regional Administrator determines that U.S. fishing vessels participating in any of the three hook-and-line gear and operational type fishery categories listed under paragraph (d)(4)(iii) of this section will catch the halibut bycatch allowance, or apportionments thereof, specified for that fishery category under paragraph (d)(1) of this section, NMFS will publish notification in the Federal Register closing the entire GOA or the applicable regulatory area, district, or operation type to directed fishing with hook-and-line gear for each species and/ or species group that comprises that fishing category. * * * * * ■ 10. In § 679.23, ■ a. Remove and reserve paragraph (d)(4); ■ b. Revise paragraph (d)(3)(i) introductory text; and ■ c. Add paragraph (d)(3)(iii) to read as follows: ■ § 679.23 Authority: 16 U.S.C. 1862; Pub. L. 109– 241; Pub. L. 109–479. Seasons. emcdonald on DSK5VPTVN1PROD with RULES * * * * * (d) * * * (3) * * * (i) Hook-and-line or pot gear. Subject to other provisions of this part, directed fishing for Pacific cod with hook-andline or pot gear in the Western and Central GOA Regulatory Areas is authorized only during the following two seasons: * * * * * (iii) Jig gear. Subject to other provisions of this part, directed fishing for Pacific cod with jig gear in the Western and Central GOA Regulatory Areas is authorized only during the following two seasons: (A) A season. From 0001 hours, A.l.t., January 1 through 1200 hours, A.l.t., June 10 or when the jig A season allocation is reached, whichever occurs first; (B) B season. From 1200 hours, A.l.t., June 10 through 2400 hours, A.l.t., December 31 or when the jig B season allocation is reached, whichever occurs first. (4) [Reserved] * * * * * ■ 11. In § 679.28, VerDate Mar<15>2010 17:21 Nov 30, 2011 Jkt 226001 a. Revise paragraphs (f)(6)(iii) and (f)(6)(iv); and ■ b. Add paragraph (f)(6)(v) to read as follows: DEPARTMENT OF HOMELAND SECURITY § 679.28 Equipment and operational requirements. DEPARTMENT OF THE TREASURY * 19 CFR Part 12 * * * * (f) * * * (6) * * * (iii) You operate a vessel required to be Federally permitted with non-pelagic trawl or dredge gear onboard in reporting areas located in the GOA or operate a federally permitted vessel with non-pelagic trawl or dredge gear onboard in adjacent State waters; (iv) When that vessel is required to use functioning VMS equipment in the Rockfish Program as described in § 679.7(n)(3); or (v) You operate a vessel in federal reporting areas 610, 620, or 630, and receive and process groundfish from other vessels. * * * * * PART 680—SHELLFISH FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA 12. The authority citation for 50 CFR part 680 continues to read as follows: ■ 13. In § 680.22, revise paragraph (d) introductory text to read as follows: ■ § 680.22 Sideboard protections for GOA groundfish fisheries. * * * * * (d) Determination of GOA groundfish sideboard ratios. Except for fixed gear sablefish, sideboard ratios for each GOA groundfish species, species group, season, operation type, gear type, and area, for which annual specifications are made, are established according to the following formulas: * * * * * [FR Doc. 2011–30861 Filed 11–30–11; 8:45 am] BILLING CODE 3510–22–P PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 U.S. Customs and Border Protection [CBP Dec. 11–24] RIN 1515–AD83 Extension of Import Restrictions Imposed on Archaeological and Ethnological Material From Bolivia U.S. Customs and Border Protection; Department of Homeland Security; Department of the Treasury. ACTION: Final rule. AGENCY: This final rule amends the U.S. Customs and Border Protection (CBP) regulations to reflect an extension of import restrictions on certain archaeological and ethnological material from Bolivia. The restrictions, which were originally imposed by Treasury Decision (T.D.) 01–86 and last extended by CBP Dec. 06–26, are due to expire on December 4, 2011. The Acting 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, these import restrictions will remain in effect for an additional 5 years, and the CBP regulations are being amended to reflect this extension through December 4, 2016. 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. 01–86 contains the Designated List of archaeological and ethnological material from Bolivia to which the restrictions apply. DATES: Effective Date: December 2, 2011. FOR FURTHER INFORMATION CONTACT: For legal aspects, George F. McCray, Esq., Chief, Cargo Security, Carriers and Immigration Branch, Regulations and Rulings, Office of International Trade, (202) 325–0082. For operational aspects, Michael Craig, Chief, Interagency Requirements Branch, Trade Policy and Programs, Office of International Trade, (202) 863–6558. SUPPLEMENTARY INFORMATION: SUMMARY: E:\FR\FM\01DER1.SGM 01DER1 Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Rules and Regulations emcdonald on DSK5VPTVN1PROD with RULES 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 Bolivia on December 4, 2001, concerning the imposition of import restrictions on certain archaeological and ethnological material from Bolivia. On December 7, 2001, the United States Customs Service published Treasury Decision (T.D.) 01–86 in the Federal Register (66 FR 63490), which amended 19 CFR 12.104g(a) to reflect the imposition of these restrictions and included a list designating the types of articles 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 August 26, 2011, after reviewing the findings and recommendations of the Cultural Property Advisory Committee, the Acting Assistant Secretary for Educational and Cultural Affairs, United States Department of State, concluding that the cultural heritage of Bolivia continues to be in jeopardy from pillage of certain archaeological and ethnological materials, made the necessary determination to extend the import restrictions for an additional five years. On November 10, 2011, diplomatic notes were exchanged reflecting the extension of those restrictions for an additional five-year period. Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the extension of the import restrictions. The Designated List of Archaeological and Ethnological Material from Bolivia covered by these import restrictions is set forth in T.D. 01–86. The Designated List and accompanying image database may also be found at the following Internet Web site address: https://exchanges.state.gov/ heritage/culprop/blfact.html. The restrictions on the importation of these archaeological and ethnological materials from Bolivia are to continue in effect through December 4, 2016. Importation of such material continues to be restricted unless the conditions set VerDate Mar<15>2010 17:21 Nov 30, 2011 Jkt 226001 74691 forth in 19 U.S.C. 2606 and 19 CFR 12.104c are met. DEPARTMENT OF HOMELAND SECURITY 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 under 5 U.S.C. 553(a)(1). For the same reason, a delayed effective date is not required under 5 U.S.C. 553(d)(3). U.S. Customs and Border Protection 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 Because this rule involves a foreign affairs function of the United States, it is not subject to 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 the 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: 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: ■ 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; * * * * * 2. In § 12.104g, paragraph (a), the table is amended in the entry for Bolivia by removing the words ‘‘extended by CBP Dec. 06–26’’ in the column headed ‘‘Decision No.’’ and adding in their place the words ‘‘extended by CBP Dec. 11–24 ’’. ■ Alan D. Bersin, Commissioner, U.S. Customs and Border Protection. Approved: November 28, 2011. Timothy E. Skud, Deputy Assistant Secretary of the Treasury. [FR Doc. 2011–30897 Filed 11–30–11; 8:45 am] BILLING CODE 9111–14–P PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 DEPARTMENT OF THE TREASURY 19 CFR Part 12 [CBP Dec. 11–25] RIN 1515–AD84 Import Restrictions Imposed on Certain Archaeological and Ethnological Material From Greece U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury. ACTION: Final rule. AGENCIES: This final rule amends the U.S. Customs and Border Protection (CBP) regulations to reflect the imposition of import restrictions on certain archaeological and ethnological material from the Hellenic Republic (Greece). These restrictions are being imposed pursuant to an agreement between the United States and Greece that has been entered into under the authority 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. The final rule amends CBP regulations by adding Greece to the list of countries for which a bilateral agreement has been entered into for imposing cultural property import restrictions. The final rule also contains the designated list that describes the types of archaeological and ethnological articles to which the restrictions apply. DATES: Effective Date: December 1, 2011. FOR FURTHER INFORMATION CONTACT: For legal aspects, George Frederick McCray, Esq., Chief, Cargo Security, Carriers & Immigration Branch, Regulations and Rulings, Office of International Trade, (202) 325–0082. For operational aspects: Michael Craig, Chief, Interagency Requirements Branch, Trade Policy and Programs, Office of International Trade, (202) 863–6558. SUPPLEMENTARY INFORMATION: SUMMARY: Background The value of cultural property, whether archaeological or ethnological in nature, is immeasurable. Such items often constitute the very essence of a society and convey important information concerning a people’s origin, history, and traditional setting. E:\FR\FM\01DER1.SGM 01DER1

Agencies

[Federal Register Volume 76, Number 231 (Thursday, December 1, 2011)]
[Rules and Regulations]
[Pages 74690-74691]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30897]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 11-24]
RIN 1515-AD83


Extension of Import Restrictions Imposed on Archaeological and 
Ethnological Material From Bolivia

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

ACTION: Final rule.

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

SUMMARY: This final rule amends the U.S. Customs and Border Protection 
(CBP) regulations to reflect an extension of import restrictions on 
certain archaeological and ethnological material from Bolivia. The 
restrictions, which were originally imposed by Treasury Decision (T.D.) 
01-86 and last extended by CBP Dec. 06-26, are due to expire on 
December 4, 2011. The Acting 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, these import restrictions will remain in 
effect for an additional 5 years, and the CBP regulations are being 
amended to reflect this extension through December 4, 2016. 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. 01-86 contains the Designated List of archaeological and 
ethnological material from Bolivia to which the restrictions apply.

DATES: Effective Date: December 2, 2011.

FOR FURTHER INFORMATION CONTACT: For legal aspects, George F. McCray, 
Esq., Chief, Cargo Security, Carriers and Immigration Branch, 
Regulations and Rulings, Office of International Trade, (202) 325-0082. 
For operational aspects, Michael Craig, Chief, Interagency Requirements 
Branch, Trade Policy and Programs, Office of International Trade, (202) 
863-6558.

SUPPLEMENTARY INFORMATION: 

[[Page 74691]]

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 Bolivia on December 4, 2001, concerning 
the imposition of import restrictions on certain archaeological and 
ethnological material from Bolivia. On December 7, 2001, the United 
States Customs Service published Treasury Decision (T.D.) 01-86 in the 
Federal Register (66 FR 63490), which amended 19 CFR 12.104g(a) to 
reflect the imposition of these restrictions and included a list 
designating the types of articles 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 August 26, 2011, after reviewing the findings and 
recommendations of the Cultural Property Advisory Committee, the Acting 
Assistant Secretary for Educational and Cultural Affairs, United States 
Department of State, concluding that the cultural heritage of Bolivia 
continues to be in jeopardy from pillage of certain archaeological and 
ethnological materials, made the necessary determination to extend the 
import restrictions for an additional five years. On November 10, 2011, 
diplomatic notes were exchanged reflecting the extension of those 
restrictions for an additional five-year period.
    Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the 
extension of the import restrictions. The Designated List of 
Archaeological and Ethnological Material from Bolivia covered by these 
import restrictions is set forth in T.D. 01-86. The Designated List and 
accompanying image database may also be found at the following Internet 
Web site address: https://exchanges.state.gov/heritage/culprop/blfact.html.
    The restrictions on the importation of these archaeological and 
ethnological materials from Bolivia are to continue in effect through 
December 4, 2016. Importation of such material continues to be 
restricted unless the conditions set forth in 19 U.S.C. 2606 and 19 CFR 
12.104c are met.

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 
under 5 U.S.C. 553(a)(1). For the same reason, a delayed effective date 
is not required under 5 U.S.C. 553(d)(3).

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

    Because this rule involves a foreign affairs function of the United 
States, it is not subject to 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 the 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:

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

0
2. In Sec.  12.104g, paragraph (a), the table is amended in the entry 
for Bolivia by removing the words ``extended by CBP Dec. 06-26'' in the 
column headed ``Decision No.'' and adding in their place the words 
``extended by CBP Dec. 11-24 ''.

Alan D. Bersin,
Commissioner, U.S. Customs and Border Protection.
    Approved: November 28, 2011.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2011-30897 Filed 11-30-11; 8:45 am]
BILLING CODE 9111-14-P

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