Extension of Import Restrictions Imposed on Certain Archaeological and Ethnological Materials From the Republic of Colombia, 13721-13722 [2016-05811]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Rules and Regulations airports must conform to the FAA definition found in FAA Order 5190.6B, paragraph 10.6. As stated, the Order defines ‘‘a flying club as a nonprofit or not-for-profit entity (e.g., corporation, association, or partnership) organized for the express purpose of providing its members with aircraft for their personal use and enjoyment only.’’ In addition, the ownership of the club aircraft must be vested in the name of the flying club or owned by all its members, the property rights of the members of the club shall be equal and no part of the net earnings of the club will inure to the benefit of any individual in any form, including salaries, bonuses, etc. These flying clubs can be distinguished from commercial service providers that use the term ‘‘flying club’’ to describe their operation in order to avoid having to comply with the airport’s minimum standards for commercial service providers Those ‘‘flying clubs’’ do not conform to the FAA definition and put other commercial aeronautical service providers at an economic disadvantage. Generally, they hold themselves out to the public as alternatives to traditional flight schools and aircraft rental providers, and charge only nominal annual ‘‘club fees.’’ FAA policy will emphasize three points: (1) Flying clubs should at no time hold themselves out as fixed based operators, flight schools, or as businesses offering services to the general public; and (2) CFIs and mechanics should be permitted to receive either monetary compensation or discounted/waived regular club member dues but not both; (3) flying clubs must not indicate, in any form of marketing and/or communications, that they are a flight school and flying clubs must not indicate in any form of marketing and/or communications that they are a business where people can learn to fly. FAA agrees with NATA that flight instructors and mechanics should be bona-fide club members paying dues as a condition to receiving compensation for services or a bona-fide member receiving a discount or waiver of dues with no compensation. To offer both compensation and discounted/ waived dues may result in abuse and the use of outside instructors and mechanics who have no investment of time or commitment to the club. Additionally, FAA agrees with NATA and FSANA that flying clubs must distinguish themselves from other aeronautical service providers. FAA expects that sponsors of federally-obligated airports will take appropriate action to ensure that commercial operators and flying clubs are properly classified, and the VerDate Sep<11>2014 16:19 Mar 14, 2016 Jkt 238001 sponsor’s actions are consistent with its grant assurances, specifically Grant Assurance 22, Economic Nondiscrimination. FAA’s policy regarding flying clubs is amended by revising FAA Order 5190.6B paragraphs 10.6(c)(3) and (4) and by adding paragraphs 10.6 (c)(8) and (9): b. General The ownership of the club aircraft must be vested in the name of the flying club or owned by all its members. The property rights of the members of the club shall be equal; no part of the net earnings of the club will inure to the benefit of any individual in any form, including salaries, bonuses, etc. The flying club may not derive greater revenue from the use of its aircraft than the amount needed for the operation, maintenance and replacement of its aircraft. (c)(3). A flying club may permit its aircraft to be used for flight instruction in a club-owned aircraft as long as both the instructor providing instruction and person receiving instruction are members of the club owning the aircraft, or when the instruction is given by a lessee based on the airport who provides flight training and the person receiving the training is a member of the flying club. In either circumstance, a flight instructor may receive monetary compensation for instruction or may be compensated by credit against payment of dues or flight time; however that individual may not receive both compensation and waived or discounted dues or flight time concurrently. The airport sponsor may set limits on the amount of instruction that may be performed for compensation. (c)(4). A qualified mechanic who is a registered member and part owner of the aircraft owned and operated by a flying club may perform maintenance work on aircraft owned by the club. The mechanic may receive monetary compensation for such maintenance work or may be compensated by credit against payment of dues or flight time; however that individual may not receive both compensation and waived or discounted dues or flight time concurrently. The airport sponsor may set limits on the amount of maintenance that may be performed for compensation. (c)(8). Flying Clubs may not hold themselves out to the public as fixed based operators, a specialized aviation service operation, maintenance facility or a flight school and are prohibited from advertisements as such or be required to comply with the appropriate airport minimum standards. (c)(9). Flying Clubs may not indicate in any form of marketing and/or PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 13721 communications that they are a flight school, and Flying Clubs must not indicate in any form of marketing and/ or communications that they are a business where people can learn to fly. Issued in Washington, DC, on March 9, 2016. Byron Huffman, Acting Director, Office of Airport Compliance and Management Analysis. [FR Doc. 2016–05833 Filed 3–14–16; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Part 12 [CBP Dec. 16–05] RIN 1515–AE08 Extension of Import Restrictions Imposed on Certain Archaeological and Ethnological Materials From the Republic of Colombia Customs and Border Protection, Department of Homeland Security; Department of the Treasury. ACTION: Final rule. AGENCY: This document amends the U.S. Customs and Border Protection (CBP) regulations to reflect the extension of import restrictions on certain archaeological and ethnological materials from the Republic of Colombia (‘‘Colombia’’). The restrictions, which were originally imposed by CBP Decision (Dec.) 06–09 and extended by CBP Dec. 11–06, are due to expire on March 15, 2016. The Assistant Secretary for Educational and Cultural Affairs, United States Department of State, has determined that factors continue to warrant the imposition of import restrictions and no cause for suspension exists. Accordingly, these import restrictions will remain in effect for an additional five years, and the CBP regulations are being amended to reflect this extension until March 15, 2021. 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 that implemented 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. CBP Dec. 06–09 contains the Designated List SUMMARY: E:\FR\FM\15MRR1.SGM 15MRR1 13722 Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Rules and Regulations of archaeological and ethnological materials of Colombia to which the restrictions apply. DATES: Effective Date: March 15, 2016. FOR FURTHER INFORMATION CONTACT: For legal aspects, Lisa L. Burley, Chief, Cargo Security, Carriers and Restricted Merchandise Branch, Regulations and Rulings, Office of International Trade, (202) 325–0215. For operational aspects, William R. Scopa, Branch Chief, Partner Government Agency Branch, Trade Policy and Programs, Office of International Trade, (202) 863–6554, William.R.Scopa@cbp.dhs.gov. SUPPLEMENTARY INFORMATION: asabaliauskas on DSK3SPTVN1PROD with RULES Background Pursuant to the provisions of the 1970 United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention, implemented by 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 Colombia (‘‘Colombia’’) on March 15, 2006, concerning the imposition of import restrictions on certain archeological and ethnological materials from Colombia (the ‘‘Agreement’’). On March 17, 2006, CBP published CBP Dec. 06–09 in the Federal Register (71 FR 13757), 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 may be extended for additional periods of not more than 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. Since the initial document was published on March 17, 2006, the import restrictions were extended on March 15, 2011. CBP published CBP Dec. 11–06 in the Federal Register (76 FR 13879) which amended 19 CFR 12.104g(a) to reflect the extension for an additional period of five years. On July 23, 2015, the Department of State received a request by the Government of Colombia to extend the Agreement. Subsequently, the Department of State proposed to extend the Agreement. After considering the views and recommendations of the Cultural Property Advisory Committee, the Assistant Secretary for Educational and Cultural Affairs, United States Department of State, determined that VerDate Sep<11>2014 16:19 Mar 14, 2016 Jkt 238001 the cultural heritage of Colombia continues to be in jeopardy from pillage of archaeological and ethnological materials and made the necessary determinations to extend the import restrictions for an additional five years. Diplomatic notes have been exchanged, reflecting the extension of those restrictions for an additional five-year period. Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect this extension of the import restrictions. The Designated List of archaeological and ethnological materials from Colombia covered by these import restrictions is set forth in CBP Dec. 06– 09. The Designated List may also be found at the following Internet Web site address: https://eca.state.gov/culturalheritage-center/cultural-propertyprotection/bilateral-agreements/ colombia. The restrictions on the importation of these archaeological and ethnological materials from Colombia are to continue in effect for an additional five years. Importation of such materials 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 (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, 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 It has been determined that this rule is not a significant regulatory action under 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 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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; * * * § 12.104g * * [Amended] 2. In § 12.104g, paragraph (a), the table is amended in the entry for Colombia by removing the reference to ‘‘CBP Dec. 11–06’’ and adding in its place ‘‘CBP Dec. 16–05’’. ■ R. Gil Kerlikowske, Commissioner, U.S. Customs and Border Protection. Approved: March 10, 2016. Timothy E. Skud, Deputy Assistant Secretary of the Treasury. [FR Doc. 2016–05811 Filed 3–14–16; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Highway Administration 23 CFR Part 924 [Docket No. FHWA–2013–0019] RIN 2125–AF56 Highway Safety Improvement Program Federal Highway Administration (FHWA), DOT. ACTION: Final rule. AGENCY: The purpose of this final rule is to incorporate changes to the Highway Safety Improvement Program (HSIP) regulations to address provisions in the Moving Ahead for Progress in the 21st Century Act (MAP–21) as well as to incorporate clarifications to better explain existing regulatory language. The DOT also considered the HSIP provisions in the Fixing America’s Surface Transportation Act (FAST Act) in the development of the HSIP final rule. Specifically, this rule removes the requirement for States to prepare a Transparency Report that describes not less than 5 percent of locations that exhibit the most severe safety needs, removes the High Risk Rural Roads (HRRR) set-aside, and removes the 10 SUMMARY: E:\FR\FM\15MRR1.SGM 15MRR1

Agencies

[Federal Register Volume 81, Number 50 (Tuesday, March 15, 2016)]
[Rules and Regulations]
[Pages 13721-13722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05811]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 16-05]
RIN 1515-AE08


Extension of Import Restrictions Imposed on Certain 
Archaeological and Ethnological Materials From the Republic of Colombia

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

ACTION: Final rule.

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

SUMMARY: This document amends the U.S. Customs and Border Protection 
(CBP) regulations to reflect the extension of import restrictions on 
certain archaeological and ethnological materials from the Republic of 
Colombia (``Colombia''). The restrictions, which were originally 
imposed by CBP Decision (Dec.) 06-09 and extended by CBP Dec. 11-06, 
are due to expire on March 15, 2016. The Assistant Secretary for 
Educational and Cultural Affairs, United States Department of State, 
has determined that factors continue to warrant the imposition of 
import restrictions and no cause for suspension exists. Accordingly, 
these import restrictions will remain in effect for an additional five 
years, and the CBP regulations are being amended to reflect this 
extension until March 15, 2021. 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 that implemented 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. CBP Dec. 06-09 contains the 
Designated List

[[Page 13722]]

of archaeological and ethnological materials of Colombia to which the 
restrictions apply.

DATES: Effective Date: March 15, 2016.

FOR FURTHER INFORMATION CONTACT: For legal aspects, Lisa L. Burley, 
Chief, Cargo Security, Carriers and Restricted Merchandise Branch, 
Regulations and Rulings, Office of International Trade, (202) 325-0215. 
For operational aspects, William R. Scopa, Branch Chief, Partner 
Government Agency Branch, Trade Policy and Programs, Office of 
International Trade, (202) 863-6554, William.R.Scopa@cbp.dhs.gov.

SUPPLEMENTARY INFORMATION: 

Background

    Pursuant to the provisions of the 1970 United Nations Educational, 
Scientific and Cultural Organization (UNESCO) Convention, implemented 
by 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 Colombia (``Colombia'') on 
March 15, 2006, concerning the imposition of import restrictions on 
certain archeological and ethnological materials from Colombia (the 
``Agreement''). On March 17, 2006, CBP published CBP Dec. 06-09 in the 
Federal Register (71 FR 13757), 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 may be 
extended for additional periods of not more than 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.
    Since the initial document was published on March 17, 2006, the 
import restrictions were extended on March 15, 2011. CBP published CBP 
Dec. 11-06 in the Federal Register (76 FR 13879) which amended 19 CFR 
12.104g(a) to reflect the extension for an additional period of five 
years.
    On July 23, 2015, the Department of State received a request by the 
Government of Colombia to extend the Agreement. Subsequently, the 
Department of State proposed to extend the Agreement. After considering 
the views and recommendations of the Cultural Property Advisory 
Committee, the Assistant Secretary for Educational and Cultural 
Affairs, United States Department of State, determined that the 
cultural heritage of Colombia continues to be in jeopardy from pillage 
of archaeological and ethnological materials and made the necessary 
determinations to extend the import restrictions for an additional five 
years. Diplomatic notes have been exchanged, reflecting the extension 
of those restrictions for an additional five-year period. Accordingly, 
CBP is amending 19 CFR 12.104g(a) to reflect this extension of the 
import restrictions.
    The Designated List of archaeological and ethnological materials 
from Colombia covered by these import restrictions is set forth in CBP 
Dec. 06-09. The Designated List may also be found at the following 
Internet Web site address: https://eca.state.gov/cultural-heritage-center/cultural-property-protection/bilateral-agreements/colombia.
    The restrictions on the importation of these archaeological and 
ethnological materials from Colombia are to continue in effect for an 
additional five years. Importation of such materials 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 
(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, 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

    It has been determined that this rule is not a significant 
regulatory action under 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:

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;
* * * * *


Sec.  12.104g  [Amended]

0
2. In Sec.  12.104g, paragraph (a), the table is amended in the entry 
for Colombia by removing the reference to ``CBP Dec. 11-06'' and adding 
in its place ``CBP Dec. 16-05''.

R. Gil Kerlikowske,
Commissioner, U.S. Customs and Border Protection.
    Approved: March 10, 2016.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2016-05811 Filed 3-14-16; 8:45 am]
 BILLING CODE P

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