Extension of Import Restrictions Imposed on Certain Archaeological and Ethnological Materials From the Plurinational State of Bolivia, 87804-87805 [2016-29279]

Download as PDF 87804 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Rules and Regulations II. Classification I. Background mstockstill on DSK3G9T082PROD with RULES SUPPLEMENTARY INFORMATION: A. National Environmental Policy Act NOAA previously conducted an environmental analysis under the National Environmental Policy Act (NEPA) as part of the rulemaking process leading to the expansion of CBNMS and GFNMS, which addressed regulations regarding the discharge of any matter or material in the sanctuaries. The environmental impacts of the decision to postpone effectiveness reflect a continuation of the environmental baseline and the no action alternative presented in that analysis. Should NOAA decide to amend the regulations governing discharges for USGS activities in CBNMS and GFNMS, any additional environmental analysis required under NEPA would be prepared and released for public comment. On March 12, 2015, NOAA expanded the boundaries of Gulf of the Farallones National Marine Sanctuary (now renamed Greater Farallones National Marine Sanctuary or GFNMS) and Cordell Bank National Marine Sanctuary (CBNMS) to an area north and west of their previous boundaries with a final rule (80 FR 13078). The final rule entered into effect on June 9, 2015 (80 FR 34047). To ensure that the March 12, 2015, rule does not undermine USCG’s ability to perform its duties, at that time, NOAA postponed the effectiveness of the discharge requirements in both sanctuaries’ regulations with regard to U.S. Coast Guard (USCG) activities for 6 months. Two additional six month postponements of the effectiveness of the discharge requirements were published in the Federal Register on December 1, 2015 (80 FR 74985) and May 31, 2016 (81 FR 34268), to provide adequate time for completion of an environmental assessment and to determine NOAA’s next steps. Without further NOAA action, the discharge regulations would become effective with regard to USCG activities December 9, 2016. However, NOAA needs more time to develop alternatives for an environmental assessment developed pursuant to the requirements of the National Environmental Policy Act. Therefore, this notice postpones the effectiveness of the discharge requirements in the expansion areas of both sanctuaries with regard to USCG activities for another 6 months, until June 9, 2017. During this time, NOAA will continue to consider how to address USCG’s concerns and, among other things, whether to exempt certain USCG activities in sanctuary regulations. The public, other federal agencies, and interested stakeholders will be given an opportunity to comment on various alternatives that are being considered. This will include the opportunity to review any proposed rule and related environmental analysis. In the course of the rule making to expand GFNMS and CBNMS, NOAA learned from USCG that the discharge regulations had the potential to impair the operations of USCG vessels and air craft conducting law enforcement and on-water training exercises in GFNMS and CBNMS. The USCG supports national marine sanctuary management by providing routine surveillance and dedicated law enforcement of the National Marine Sanctuaries Act and sanctuary regulations. VerDate Sep<11>2014 16:27 Dec 05, 2016 Jkt 241001 B. Executive Order 12866: Regulatory Impact This action has been determined to be not significant for purposes of the meaning of Executive Order 12866. C. Administrative Procedure Act The Assistant Administrator of National Ocean Service (NOS) finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive the notice and comment requirements of the Administrative Procedure Act (APA) because this action is administrative in nature. This action postpones the effectiveness of the discharge requirements in the regulations for CBNMS and GFNMS in the areas added to the sanctuaries’ boundaries in 2015 (subject to notice and comment review) with regard to U.S. Coast Guard activities for 6 months to provide adequate time for public scoping, completion of an environmental assessment, and subsequent rulemaking, as appropriate. Should NOAA decide to amend the regulations governing discharges in CBNMS and GFNMS, it would publish a proposed rule followed by an appropriate public comment period as required by the APA. The substance of the underlying regulations remains unchanged. Therefore, providing notice and opportunity for public comment under the Administrative Procedure Act would serve no useful purpose. The delay in effectiveness provided by this action will also enable NOAA to fully implement its statutory responsibilities under the NMSA to protect resources of a national marine sanctuary. For the reasons above, the Assistant Administrator also finds good cause under 5 U.S.C. 553(d) to waive the 30- PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 day delay in effectiveness and make this action effective immediately upon publication. Authority: 16 U.S.C. 1431 et seq. Dated: December 1, 2016. W. Russell Callender, Assistant Administrator for Ocean Services and Coastal Management. [FR Doc. 2016–29234 Filed 12–5–16; 8:45 am] BILLING CODE 3510–NK–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Part 12 [CBP Dec. 16–24] RIN 1515–AE20 Extension of Import Restrictions Imposed on Certain Archaeological and Ethnological Materials From the Plurinational State of 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 materials from the Plurinational State of Bolivia (‘‘Bolivia’’). The restrictions, which were originally imposed by Treasury Decision (T.D.) 01–86 and last extended by CBP Dec. 11–24, are due to expire on December 4, 2016. 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, these import restrictions will remain in effect for an additional five years, and the CBP regulations are being amended to reflect this extension through December 4, 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 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 SUMMARY: E:\FR\FM\06DER1.SGM 06DER1 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Rules and Regulations materials from Bolivia to which the restrictions apply. DATES: Effective December 2, 2016. FOR FURTHER INFORMATION CONTACT: For legal aspects, Lisa L. Burley, Chief, Cargo Security, Carriers and Restricted Merchandise Branch, Regulations and Rulings, Office of Trade, (202) 325– 0215. For operational aspects, William R. Scopa, Branch Chief, Partner Government Agency Branch, Trade Policy and Programs, Office of Trade, (202) 863–6554, William.R.Scopa@ cbp.dhs.gov. SUPPLEMENTARY INFORMATION: mstockstill on DSK3G9T082PROD 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 1 on December 4, 2001, concerning the imposition of import restrictions on certain archaeological and ethnological materials from Bolivia. On December 7, 2001, the U.S. Customs Service (U.S. Customs and Border Protection’s predecessor agency) 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 October 11, 2016, 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 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. Diplomatic notes have been 1 In 2009, the new constitution of Bolivia changed the country’s official name from the ‘‘Republic of Bolivia’’ to the ‘‘Plurinational State of Bolivia.’’ VerDate Sep<11>2014 16:27 Dec 05, 2016 Jkt 241001 exchanged reflecting the extension of those restrictions for an additional fiveyear 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 may also be found at the following Web site address: https://eca.state.gov/ cultural-heritage-center/culturalproperty-protection/bilateralagreements/bolivia. The restrictions on the importation of these archaeological and ethnological materials from Bolivia are to continue in effect through December 4, 2021. 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). 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 reason, a delayed effective date is not required under 5 U.S.C. 553(d)(3). 87805 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 Bolivia by removing the words ‘‘CBP Dec. 11–24’’ in the column headed ‘‘Decision No.’’ and adding in their place the words ‘‘CBP Dec. 16–24.’’ ■ R. Gil Kerlikowske, Commissioner, U.S. Customs and Border Protection. Approved: December 1, 2016. Timothy E. Skud, Deputy Assistant Secretary of the Treasury. [FR Doc. 2016–29279 Filed 12–2–16; 11:15 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY Regulatory Flexibility Act 19 CFR Part 12 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. [CBP Dec. 16–23] 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 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: PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 RIN 1515–AE19 Import Restrictions Imposed on Certain Archaeological Material From Egypt 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 the imposition of import restrictions on certain archaeological material from the Arab Republic of Egypt (Egypt). These restrictions are being imposed pursuant to an agreement between the United States and Egypt that has been entered into under the authority of the Convention on Cultural Property Implementation Act in accordance with the 1970 United Nations Educational, Scientific and Cultural Organization SUMMARY: E:\FR\FM\06DER1.SGM 06DER1

Agencies

[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Rules and Regulations]
[Pages 87804-87805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29279]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 16-24]
RIN 1515-AE20


Extension of Import Restrictions Imposed on Certain 
Archaeological and Ethnological Materials From the Plurinational State 
of 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 materials from the 
Plurinational State of Bolivia (``Bolivia''). The restrictions, which 
were originally imposed by Treasury Decision (T.D.) 01-86 and last 
extended by CBP Dec. 11-24, are due to expire on December 4, 2016. 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, these import 
restrictions will remain in effect for an additional five years, and 
the CBP regulations are being amended to reflect this extension through 
December 4, 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 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

[[Page 87805]]

materials from Bolivia to which the restrictions apply.

DATES: Effective December 2, 2016.

FOR FURTHER INFORMATION CONTACT: For legal aspects, Lisa L. Burley, 
Chief, Cargo Security, Carriers and Restricted Merchandise Branch, 
Regulations and Rulings, Office of Trade, (202) 325-0215. For 
operational aspects, William R. Scopa, Branch Chief, Partner Government 
Agency Branch, Trade Policy and Programs, Office of 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, 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 \1\ on December 4, 2001, 
concerning the imposition of import restrictions on certain 
archaeological and ethnological materials from Bolivia. On December 7, 
2001, the U.S. Customs Service (U.S. Customs and Border Protection's 
predecessor agency) 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.
---------------------------------------------------------------------------

    \1\ In 2009, the new constitution of Bolivia changed the 
country's official name from the ``Republic of Bolivia'' to the 
``Plurinational State of Bolivia.''
---------------------------------------------------------------------------

    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 October 11, 2016, 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 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. 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 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 may also be found at the following Web site 
address: https://eca.state.gov/cultural-heritage-center/cultural-property-protection/bilateral-agreements/bolivia.
    The restrictions on the importation of these archaeological and 
ethnological materials from Bolivia are to continue in effect through 
December 4, 2021. 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). 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 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 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 Bolivia by removing the words ``CBP Dec. 11-24'' in the column 
headed ``Decision No.'' and adding in their place the words ``CBP Dec. 
16-24.''

R. Gil Kerlikowske,
Commissioner, U.S. Customs and Border Protection.
    Approved: December 1, 2016.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2016-29279 Filed 12-2-16; 11:15 am]
 BILLING CODE 9111-14-P