Extension of Import Restrictions on Archaeological Objects and Ecclesiastical and Ritual Ethnological Materials From Cyprus; Correction, 45479-45480 [2012-18670]

Download as PDF 45479 Rules and Regulations Federal Register Vol. 77, No. 148 Wednesday, August 1, 2012 Bill Conrad, Trade and Commercial Regulations Branch, Regulations and Rulings, Office of International Trade, (202) 325–0268. SUPPLEMENTARY INFORMATION: This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. FOR FURTHER INFORMATION CONTACT: The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. Background DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Part 12 [CBP Dec. 12–13] RIN 1515–AD90 Extension of Import Restrictions on Archaeological Objects and Ecclesiastical and Ritual Ethnological Materials From Cyprus; Correction U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury. ACTION: Final rule; correction; correcting amendment. AGENCY: On July 13, 2012, U.S. Customs and Border Protection (CBP) published in the Federal Register a final rule reflecting an extension of import restrictions on certain archaeological and ethnological materials from Cyprus and announcing that the Designated List of materials covered by the restrictions has been revised. The Designated List and the regulatory text in that document contain language which is inadvertently not consistent with the rest of the document as to the historical period that the import restrictions cover for ecclesiastical and ritual ethnological materials from Cyprus. This document corrects the inconsistent language to clarify that ecclesiastical and ritual ethnological materials from Cyprus representing the Byzantine and Post Byzantine periods, dating from approximately the 4th century A.D. to 1850 A.D., are subject to the import restrictions. sroberts on DSK5SPTVN1PROD with RULES SUMMARY: Effective Date: The corrections set forth in this document are effective on August 1, 2012. DATES: VerDate Mar<15>2010 15:45 Jul 31, 2012 Jkt 226001 On July 13, 2012, CBP published in the Federal Register (77 FR 41266), as CBP Decision Number 12–13, a final rule reflecting an extension of import restrictions on certain archaeological and ethnological materials from Cyprus and announcing that the Designated List of materials covered by the restrictions (also published with CBP Dec. 12–13) has been revised to reflect that the ethnological articles previously covered under the list through the Byzantine period (through approximately the 15th century A.D.) are also covered if dating through the Post-Byzantine period (to 1850 A.D.). The Designated List contains a list of certain archaeological materials and a list of certain ethnological materials. The revisions were limited to the list of ethnological materials. The rule also announced an amendment to the list of ethnological materials to clarify that certain mosaics of stone and wall paintings (referred to as ‘‘wall hangings’’ in CBP Dec. 12–13) include those depicting images of Saints along with those depicting images of Christ, Archangels, and the Apostles. The restrictions were extended for a five-year period (through July 16, 2017) pursuant to determinations of the State Department 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. In CBP Dec. 12–13, the title of the Designated List was erroneously abbreviated where the Department of State Web site is listed. This document corrects the omission and clarifies that the covered ecclesiastical and ritual ethnological materials are those dating to the Byzantine and Post-Byzantine periods. In the list of ethnological materials, CBP inadvertently retained references to the Byzantine period. As the list was revised to cover listed ethnological materials if dating to the PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 Post-Byzantine period as well, references to the Byzantine period in the list are inconsistent and misleading. This document corrects the oversight and removes all references to the Byzantine period in the list. In addition, this document corrects the language in Amendatory Instruction number 2 of CBP Dec. 12–13 which imprecisely set forth in the amended regulation the end point of the time period applicable to the ethnological materials covered by the restrictions. This correction remedies an inconsistency with the time period which was correctly reflected in the heading of the list of ethnological materials found on page 41269 of the published document (in the first column). Correction of Publication Accordingly, the publication on July 13, 2012 of the final regulation (CBP Dec. 12–13), which was the subject of FR Doc. 2012–16989, is corrected as follows: Preamble: 1. In the first column on page 41267, in the last paragraph that extends into the second column, first sentence, remove the words ‘‘and Ecclesiastical and Ritual Ethnological Materials’’ and add in their place the words ‘‘and Byzantine and Post-Byzantine Period Ecclesiastical and Ritual Ethnological Materials’’; 2. In the first column on page 41269: a. Under the heading ‘‘B. Lead,’’ remove the words ‘‘date to the Byzantine period and’’, and b. Under the heading ‘‘II. Wood,’’ in the first sentence, remove the words ‘‘during the Byzantine period’’; 3. In the second column on page 41269: a. Under the heading ‘‘V. Textiles— Ritual Garments,’’ in the first sentence, remove the words ‘‘from the Byzantine period’’, b. Under the heading ‘‘A. Wall Mosaics,’’ in the first sentence, remove the words ‘‘Dating to the Byzantine period, wall mosaics’’ and add in their place the words ‘‘Wall mosaics’’, and c. Under the heading ‘‘VII. Frescoes/ Wall Paintings,’’ in the first sentence, remove the words ‘‘the Byzantine period’’. Correcting amendment: § 12.104g(a) [Amended] 4. In § 12.104g(a), the table of the list of agreements imposing import ■ E:\FR\FM\01AUR1.SGM 01AUR1 45480 Federal Register / Vol. 77, No. 148 / Wednesday, August 1, 2012 / Rules and Regulations restrictions on described articles of cultural property of State Parties is amended in the entry for Cyprus by, in the column headed ‘‘Cultural Property,’’ removing the entry and adding in its place the following entry: ‘‘Archaeological material of preClassical and Classical periods ranging approximately from the 8th millennium B.C. to 330 A.D. and ecclesiastical and ritual ethnological material representing the Byzantine and Post-Byzantine periods ranging from approximately the 4th century A.D. to 1850 A.D.’’ Dated: July 26, 2012. Harold M. Singer, Director, Regulations and Disclosure Law Division, U.S. Customs and Border Protection. Heidi Cohen, Senior Counsel for Regulatory Affairs, Office of the Assistant General Counsel for General Law, Ethics & Regulation, Department of the Treasury. [FR Doc. 2012–18670 Filed 7–31–12; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9597] RIN 1545–BF34 Deductions for Entertainment Use of Business Aircraft Internal Revenue Service (IRS), Treasury. ACTION: Final regulations. AGENCY: This document contains final regulations relating to the use of business aircraft for entertainment. These final regulations affect taxpayers that deduct expenses for entertainment, amusement, or recreation provided to specified individuals. The final regulations reflect statutory amendments under the American Jobs Creation Act of 2004 (AJCA) and the Gulf Opportunity Zone Act of 2005 (GOZA). DATES: Effective Date: These regulations are effective August 1, 2012. Applicability Date: For dates of applicability, see §§ 1.61–21(g)(14)(iii), 1.274–9(e), and 1.274–10(h). FOR FURTHER INFORMATION CONTACT: Michael Nixon (section 274), (202) 622– 4930; or Lynne A. Camillo (section 61), (202) 622–6040 (not toll-free numbers). SUPPLEMENTARY INFORMATION: sroberts on DSK5SPTVN1PROD with RULES SUMMARY: Background This document contains final amendments to the Income Tax VerDate Mar<15>2010 15:45 Jul 31, 2012 Jkt 226001 Regulations, 26 CFR part 1, relating to the disallowance under section 274 of the Internal Revenue Code (Code) of deductions for the use of business aircraft for entertainment. On June 15, 2007, a notice of proposed rulemaking (REG–147171–05) regarding the use of business aircraft for entertainment was published in the Federal Register (72 FR 33169). Written and electronic comments responding to the notice of proposed rulemaking were received. A public hearing on the proposed regulations was held on October 25, 2007. After consideration of all the comments, the proposed regulations are adopted as amended by this Treasury decision. The comments and revisions are discussed in the preamble. Explanation of Provisions and Summary of Comments 1. Determination of Costs a. Application of Disallowance to Fixed Costs The proposed regulations provide that expenses subject to disallowance under section 274(a) include variable costs such as fuel and landing fees, and fixed costs such as depreciation, hangar fees, pilot salaries, and other items not directly related to an individual flight. Commentators suggested that the final regulations should limit expenses subject to disallowance to the direct or variable costs of a flight and exclude fixed costs. The final regulations do not adopt this comment because section 274(e)(2) does not explicitly differentiate between fixed and variable expenses and because such an interpretation is contrary to Congressional intent. b. Charter Rate Safe Harbor The proposed regulations requested comments on whether, as an alternative to determining actual expenses, the final regulations should allow taxpayers to determine the amount of expenses paid or incurred for entertainment flights by reference to charter rates. The proposed regulations asked for specific comments on the availability of substantiated actual, published, undiscounted charter rates charged to the general public by companies that meet certain requirements. Commentators generally endorsed the inclusion of a charter rate safe harbor in the final regulations. They suggested that the IRS establish rates either by conducting a survey of average charter rates by region or by authorizing representatives of the industry to create a charter rate reporting system. One commentator suggested that if the IRS PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 does not establish charter rates, individual taxpayers should be allowed to determine charter rates. Commentators also stated that a charter rate safe harbor should include rates for rentals of small piston aircraft, which taxpayers use extensively for business but normally are not chartered. The difficulty of determining accurate and reliable charter rates continues to be an impediment to establishing a charter rate safe harbor. Accordingly, the final regulations do not include these rules. However, the final regulations authorize the IRS to adopt charter rate or other safe harbors in future published guidance, see § 601.601(d). c. Depreciation The proposed regulations permit a taxpayer to elect to compute depreciation expenses on a straight-line basis for all of the taxpayer’s aircraft and all taxable years for purposes of calculating expenses subject to disallowance, even if the taxpayer uses another method to compute depreciation for other purposes. The proposed regulations provide a transition rule for applying the straightline election to aircraft placed in service in taxable years preceding the election, which requires the taxpayer to apply the straight-line method as if it had been applied from the year the aircraft was placed in service. A commentator requested that the final regulations allow a separate election for each aircraft. The final regulations do not allow an aircraft-byaircraft election. Requiring taxpayers to make the election for all aircraft appropriately balances the policies of promoting business investment through the allowance of additional first-year depreciation and denying a tax benefit for entertainment use of business aircraft. The commentator also suggested that changing depreciation methods under the transition rule may result in disallowing more than 100 percent of the cost of the aircraft. In response to the comment, the final regulations clarify that, in any taxable year, the depreciation disallowance does not exceed the amount of otherwise allowable depreciation. Thus, the sum of the allowable depreciation and the depreciation disallowed will not exceed 100 percent of basis, regardless of the taxable year a taxpayer makes the straight-line election. The final regulations provide examples illustrating how taxpayers determine depreciation and basis under the election. E:\FR\FM\01AUR1.SGM 01AUR1

Agencies

[Federal Register Volume 77, Number 148 (Wednesday, August 1, 2012)]
[Rules and Regulations]
[Pages 45479-45480]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18670]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 77, No. 148 / Wednesday, August 1, 2012 / 
Rules and Regulations

[[Page 45479]]



DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 12-13]
RIN 1515-AD90


Extension of Import Restrictions on Archaeological Objects and 
Ecclesiastical and Ritual Ethnological Materials From Cyprus; 
Correction

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

ACTION: Final rule; correction; correcting amendment.

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

SUMMARY: On July 13, 2012, U.S. Customs and Border Protection (CBP) 
published in the Federal Register a final rule reflecting an extension 
of import restrictions on certain archaeological and ethnological 
materials from Cyprus and announcing that the Designated List of 
materials covered by the restrictions has been revised. The Designated 
List and the regulatory text in that document contain language which is 
inadvertently not consistent with the rest of the document as to the 
historical period that the import restrictions cover for ecclesiastical 
and ritual ethnological materials from Cyprus. This document corrects 
the inconsistent language to clarify that ecclesiastical and ritual 
ethnological materials from Cyprus representing the Byzantine and Post 
Byzantine periods, dating from approximately the 4th century A.D. to 
1850 A.D., are subject to the import restrictions.

DATES: Effective Date: The corrections set forth in this document are 
effective on August 1, 2012.

FOR FURTHER INFORMATION CONTACT: Bill Conrad, Trade and Commercial 
Regulations Branch, Regulations and Rulings, Office of International 
Trade, (202) 325-0268.

SUPPLEMENTARY INFORMATION: 

Background

    On July 13, 2012, CBP published in the Federal Register (77 FR 
41266), as CBP Decision Number 12-13, a final rule reflecting an 
extension of import restrictions on certain archaeological and 
ethnological materials from Cyprus and announcing that the Designated 
List of materials covered by the restrictions (also published with CBP 
Dec. 12-13) has been revised to reflect that the ethnological articles 
previously covered under the list through the Byzantine period (through 
approximately the 15th century A.D.) are also covered if dating through 
the Post-Byzantine period (to 1850 A.D.). The Designated List contains 
a list of certain archaeological materials and a list of certain 
ethnological materials. The revisions were limited to the list of 
ethnological materials.
    The rule also announced an amendment to the list of ethnological 
materials to clarify that certain mosaics of stone and wall paintings 
(referred to as ``wall hangings'' in CBP Dec. 12-13) include those 
depicting images of Saints along with those depicting images of Christ, 
Archangels, and the Apostles. The restrictions were extended for a 
five-year period (through July 16, 2017) pursuant to determinations of 
the State Department 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.
    In CBP Dec. 12-13, the title of the Designated List was erroneously 
abbreviated where the Department of State Web site is listed. This 
document corrects the omission and clarifies that the covered 
ecclesiastical and ritual ethnological materials are those dating to 
the Byzantine and Post-Byzantine periods. In the list of ethnological 
materials, CBP inadvertently retained references to the Byzantine 
period. As the list was revised to cover listed ethnological materials 
if dating to the Post-Byzantine period as well, references to the 
Byzantine period in the list are inconsistent and misleading. This 
document corrects the oversight and removes all references to the 
Byzantine period in the list. In addition, this document corrects the 
language in Amendatory Instruction number 2 of CBP Dec. 12-13 which 
imprecisely set forth in the amended regulation the end point of the 
time period applicable to the ethnological materials covered by the 
restrictions. This correction remedies an inconsistency with the time 
period which was correctly reflected in the heading of the list of 
ethnological materials found on page 41269 of the published document 
(in the first column).

Correction of Publication

    Accordingly, the publication on July 13, 2012 of the final 
regulation (CBP Dec. 12-13), which was the subject of FR Doc. 2012-
16989, is corrected as follows:
    Preamble:
    1. In the first column on page 41267, in the last paragraph that 
extends into the second column, first sentence, remove the words ``and 
Ecclesiastical and Ritual Ethnological Materials'' and add in their 
place the words ``and Byzantine and Post-Byzantine Period 
Ecclesiastical and Ritual Ethnological Materials'';
    2. In the first column on page 41269:
    a. Under the heading ``B. Lead,'' remove the words ``date to the 
Byzantine period and'', and
    b. Under the heading ``II. Wood,'' in the first sentence, remove 
the words ``during the Byzantine period'';
    3. In the second column on page 41269:
    a. Under the heading ``V. Textiles--Ritual Garments,'' in the first 
sentence, remove the words ``from the Byzantine period'',
    b. Under the heading ``A. Wall Mosaics,'' in the first sentence, 
remove the words ``Dating to the Byzantine period, wall mosaics'' and 
add in their place the words ``Wall mosaics'', and
    c. Under the heading ``VII. Frescoes/Wall Paintings,'' in the first 
sentence, remove the words ``the Byzantine period''.
    Correcting amendment:


Sec.  12.104g(a)  [Amended]

0
4. In Sec.  12.104g(a), the table of the list of agreements imposing 
import

[[Page 45480]]

restrictions on described articles of cultural property of State 
Parties is amended in the entry for Cyprus by, in the column headed 
``Cultural Property,'' removing the entry and adding in its place the 
following entry: ``Archaeological material of pre-Classical and 
Classical periods ranging approximately from the 8th millennium B.C. to 
330 A.D. and ecclesiastical and ritual ethnological material 
representing the Byzantine and Post-Byzantine periods ranging from 
approximately the 4th century A.D. to 1850 A.D.''

    Dated: July 26, 2012.
Harold M. Singer,
Director, Regulations and Disclosure Law Division, U.S. Customs and 
Border Protection.
Heidi Cohen,
Senior Counsel for Regulatory Affairs, Office of the Assistant General 
Counsel for General Law, Ethics & Regulation, Department of the 
Treasury.
[FR Doc. 2012-18670 Filed 7-31-12; 8:45 am]
BILLING CODE 9111-14-P