Extension of Import Restrictions Imposed on Certain Archaeological Material From China, 1808-1810 [2024-00394]
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1808
Federal Register / Vol. 89, No. 8 / Thursday, January 11, 2024 / Rules and Regulations
Information and Regulatory Affairs of
the Office of Management and Budget,
that this rule is not a ‘‘major rule’’ as
defined in section 351 of the Small
Business Regulatory Enforcement
Fairness Act of 1996. This final rule is
being submitted to the Senate, House,
and Government Accountability Office.
List of Subjects
18 CFR Part 250
Natural gas, Reporting and
recordkeeping requirements.
18 CFR Part 385
Administrative practice and
procedure, Electric power, Penalties,
Pipelines, Reporting and recordkeeping
requirements.
By the Commission.
Issued: January 5, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
In consideration of the foregoing, the
Commission amends parts 250 and 385,
chapter I, title 18, Code of Federal
Regulations as follows:
PART 250—FORMS
1. The authority citation for part 250
continues to read as follows:
■
Authority: 15 U.S.C. 717–717w, 3301–
3432; 42 U.S.C. 7101–7352; 28 U.S.C. 2461
note.
2. Amend § 250.16 by revising
paragraph (e)(1) to read as follows:
■
§ 250.16 Format of compliance plan for
transportation services and affiliate
transactions.
*
*
*
*
*
(e) * * *
(1) Any person who transports gas for
others pursuant to subpart B or G of part
284 of this chapter and who knowingly
violates the requirements of §§ 358.4
and 358.5 of this chapter, this section,
or § 284.13 of this chapter will be
subject, pursuant to sections 311(c), 501,
and 504(b)(6) of the Natural Gas Policy
Act of 1978, to a civil penalty, which
the Commission may assess, of not more
than $1,544,521 for any one violation.
*
*
*
*
*
ddrumheller on DSK120RN23PROD with RULES1
PART 385—RULES OF PRACTICE AND
PROCEDURE
3. The authority citation for part 385
continues to read as follows:
■
Authority: 5 U.S.C. 551–557; 15 U.S.C.
717–717w, 3301–3432; 16 U.S.C. 791a–825v,
2601–2645; 28 U.S.C. 2461; 31 U.S.C. 3701,
9701; 42 U.S.C. 7101–7352, 16441, 16451–
16463; 49 U.S.C. 60502; 49 App. U.S.C. 1–85
(1988); 28 U.S.C. 2461 note (1990); 28 U.S.C.
2461 note (2015).
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16:45 Jan 10, 2024
Jkt 262001
4. Amend § 385.1504 by revising
paragraph (a) to read as follows:
■
§ 385.1504
1504).
Maximum civil penalty (Rule
(a) Except as provided in paragraph
(b) of this section, the Commission may
assess a civil penalty of up to $27,893
for each day that the violation
continues.
*
*
*
*
*
■ 5. Revise § 385.1602 to read as
follows:
§ 385.1602 Civil penalties, as adjusted
(Rule 1602).
The current inflation-adjusted civil
monetary penalties provided by law
within the jurisdiction of the
Commission are:
(a) 15 U.S.C. 3414(b)(6)(A)(i), Natural
Gas Policy Act of 1978: $1,544,521 per
violation, per day.
(b) 16 U.S.C. 823b(c), Federal Power
Act: $27,893 per violation, per day.
(c) 16 U.S.C. 825n(a), Federal Power
Act: $3,643 per violation.
(d) 16 U.S.C. 825o–1(b), Federal
Power Act: $1,544,521 per violation, per
day.
(e) 15 U.S.C. 717t–1, Natural Gas Act:
$1,544,521 per violation, per day.
(f) 49 App. U.S.C. 6(10) (1988),
Interstate Commerce Act: $1,617 per
offense and $78 per day after the first
day.
(g) 49 App. U.S.C. 16(8) (1988),
Interstate Commerce Act: $16,170 per
violation, per day.
(h) 49 App. U.S.C. 19a(k) (1988),
Interstate Commerce Act: $1,617 per
offense, per day.
(i) 49 App. U.S.C. 20(7)(a) (1988),
Interstate Commerce Act: $1,617 per
offense, per day.
[FR Doc. 2024–00425 Filed 1–10–24; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. 24–01]
RIN 1515–AE87
Extension of Import Restrictions
Imposed on Certain Archaeological
Material From China
U.S. Customs and Border
Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
AGENCY:
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
This document amends the
U.S. Customs and Border Protection
(CBP) regulations to extend import
restrictions on certain archaeological
material from China. The Assistant
Secretary for Educational and Cultural
Affairs, United States Department of
State, has made the requisite
determinations for extending the import
restrictions, which were originally
imposed by CBP Dec. 09–03 and last
extended by CBP Dec. 19–02.
Accordingly, these import restrictions
will remain in effect for an additional
five years, and the CBP regulations are
being amended to reflect this further
extension through January 14, 2029.
DATES: Effective January 14, 2024.
FOR FURTHER INFORMATION CONTACT: For
legal aspects, W. Richmond Beevers,
Chief, Cargo Security, Carriers and
Restricted Merchandise Branch,
Regulations and Rulings, Office of
Trade, (202) 325–0084, ototrrculturalproperty@cbp.dhs.gov. For
operational aspects, Julie L. Stoeber,
Chief, 1USG Branch, Trade Policy and
Programs, Office of Trade, (202) 945–
7064, 1USGBranch@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The Convention on Cultural Property
Implementation Act (Pub. L. 97–446, 19
U.S.C. 2601 et seq.) (CPIA), which
implements the 1970 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 (823
U.N.T.S. 231 (1972)) (the Convention),
allows for the conclusion of an
agreement between the United States
and another party to the Convention to
impose import restrictions on eligible
archaeological and ethnological
materials. Under the CPIA and the
applicable U.S. Customs and Border
Protection (CBP) regulations, found in
§ 12.104 of title 19 of the Code of
Federal Regulations (19 CFR 12.104),
the restrictions are effective for no more
than five years beginning on the date on
which an agreement enters into force
with respect to the United States (19
U.S.C. 2602(b)). This period may be
extended for additional periods, each
extension not to exceed five years, if it
is determined that the factors justifying
the initial agreement still pertain and no
cause for suspension of the agreement
exists (19 U.S.C. 2602(e); 19 CFR
12.104g(a)).
On January 14, 2009, the United
States entered into a bilateral agreement
with the People’s Republic of China
(China) to impose import restrictions on
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ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 8 / Thursday, January 11, 2024 / Rules and Regulations
certain archaeological material
representing China’s cultural heritage
from the Paleolithic Period (c. 75,000
B.C.) through the end of the Tang Period
(A.D. 907), and monumental sculpture
and wall art at least 250 years old. On
January 16, 2009, CBP published a final
rule (CBP Dec. 09–03) in the Federal
Register (74 FR 2838), which amended
19 CFR 12.104g(a) to reflect the
imposition of these restrictions,
including a list designating the types of
archaeological materials covered by the
restrictions.
The import restrictions were
subsequently extended two more times
in accordance with 19 U.S.C. 2602(e)
and 19 CFR 12.104g(a), and the
designated list was amended once. On
January 13, 2014, CBP published a final
rule (CBP Dec. 14–02) in the Federal
Register (79 FR 2088), which amended
§ 12.104g(a) to reflect the extension of
these import restrictions for an
additional five years. By request of
China, this document also amended the
Designated List to clarify that the
restrictions as to monumental sculpture
and wall art at least 250 years old were
to be calculated as of January 14, 2009,
the date the agreement became effective.
Subsequently, on January 10, 2019,
the United States and China entered
into a new memorandum of
understanding (2019 MOU), that
superseded and replaced the prior
agreement, extending the import
restrictions for an additional five years.
The new MOU added a new subcategory
of glass objects from the Zhou period
through the Tang period and revised the
Designated List of cultural property
described in CBP Dec. 14–02. On
January 14, 2019, CBP published a final
rule (CBP Dec. 19–02) in the Federal
Register (84 FR 107), which amended
§ 12.104g(a) to reflect the extension of
these import restrictions for an
additional five years and amended the
Designated List to include the new
subcategory of glass objects from the
Zhou period through the Tang Period.
These import restrictions are due to
expire on January 14, 2024.
On May 19, 2023, the United States
Department of State proposed in the
Federal Register (88 FR 32264) to
extend the 2019 MOU. On November
14, 2023, after considering the views
and recommendations of the Cultural
Property Advisory Committee, the
Acting Assistant Secretary for
Educational and Cultural Affairs, United
States Department of State, made the
necessary determinations to extend the
import restrictions for an additional five
years. Following an exchange of
VerDate Sep<11>2014
16:45 Jan 10, 2024
Jkt 262001
diplomatic notes, the United States
Department of State and the
Government of the People’s Republic of
China have agreed to extend the
restrictions for an additional five-year
period, through January 14, 2029.
Accordingly, CBP is amending 19 CFR
12.104g(a) to reflect the extension of
these import restrictions. The
restrictions on the importation of
archaeological material from China will
continue in effect through January 14,
2029. Importation of such material from
China continues to be restricted through
that date unless the conditions set forth
in 19 U.S.C. 2606 and 19 CFR 12.104c
are met.
The Designated List and additional
information may also be found at the
following website address: https://
eca.state.gov/cultural-heritage-center/
cultural-property-advisory-committee/
current-import-restrictions by selecting
the material for ‘‘China.’’
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).
Executive Orders 12866 and 13563
Executive Orders 12866 (as amended
by Executive Order 14994) and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. CBP has
determined that this document is not a
regulation or rule subject to the
provisions of Executive Orders 12866
and 13563 because it pertains to a
foreign affairs function of the United
States, as described above, and therefore
is specifically exempted by section
3(d)(2) of Executive Order 12866 and, by
extension, Executive Order 13563.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.), as amended by the
Small Business Regulatory Enforcement
Fairness Act of 1996, requires an agency
to prepare and make available to the
public a regulatory flexibility analysis
PO 00000
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1809
that describes the effect of a proposed
rule on small entities (i.e., small
businesses, small organizations, and
small governmental jurisdictions) when
the agency is required to publish a
general notice of proposed rulemaking
for a rule. Since a general notice of
proposed rulemaking is not necessary
for this rule, CBP is not required to
prepare a regulatory flexibility analysis
for this rule.
Signing Authority
This regulation is being issued in
accordance with 19 CFR 0.1(a)(1)
pertaining to the Secretary of the
Treasury’s authority (or that of the
Secretary’s delegate) to approve
regulations related to customs revenue
functions.
Troy A. Miller, the Senior Official
Performing the Duties of the
Commissioner, having reviewed and
approved this document, has delegated
the authority to electronically sign this
document to the Director (or Acting
Director, if applicable) of the
Regulations and Disclosure Law
Division for CBP, for purposes of
publication in the Federal Register.
List of Subjects in 19 CFR Part 12
Cultural property, Customs duties and
inspection, Imports, Prohibited
merchandise, and Reporting and
recordkeeping requirements.
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, amend the table in
paragraph (a) by revising the entry for
the People’s Republic of China to read
as follows:
■
§ 12.104g Specific items or categories
designated by agreements or emergency
actions.
(a) * * *
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Federal Register / Vol. 89, No. 8 / Thursday, January 11, 2024 / Rules and Regulations
State party
Cultural property
*
People’s Republic
of China.
*
*
*
Archaeological materials representing China’s cultural heritage from
lithic Period (c. 75,000 B.C.) through the end of the Tang Period
and monumental sculpture and wall art at least 250 years old as
14, 2009.
*
*
*
*
*
*
*
*
Robert F. Altneu,
Director, Regulations and Disclosure Law
Division, Regulations and Rulings, Office of
Trade, U.S. Customs and Border Protection.
Approved:
Thomas C. West, Jr.,
Deputy Assistant Secretary of the Treasury
for Tax Policy.
[FR Doc. 2024–00394 Filed 1–10–24; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF LABOR
Employment and Training
Administration
20 CFR Part 655
Office of Workers’ Compensation
Programs
20 CFR Parts 702, 725, and 726
Office of the Secretary
29 CFR Part 5
41 CFR Part 50–201
Wage and Hour Division
29 CFR Parts 500, 501, 503, 530, 570,
578, 579, 801, 810, and 825
Occupational Safety and Health
Administration
29 CFR Part 1903
Mine Safety and Health Administration
30 CFR Part 100
ddrumheller on DSK120RN23PROD with RULES1
RIN 1290–AA48
Federal Civil Penalties Inflation
Adjustment Act Annual Adjustments
for 2024
Employment and Training
Administration, Office of Workers’
Compensation Programs, Office of the
Secretary, Wage and Hour Division,
Occupational Safety and Health
Administration, Employee Benefits
AGENCY:
VerDate Sep<11>2014
Decision No.
16:45 Jan 10, 2024
Jkt 262001
*
*
the Paleo(A.D. 907)
of January
*
Security Administration, and Mine
Safety and Health Administration,
Department of Labor.
ACTION: Final rule.
The U.S. Department of Labor
(Department) is publishing this final
rule to adjust for inflation the civil
monetary penalties assessed or enforced
by the Department, pursuant to the
Federal Civil Penalties Inflation
Adjustment Act of 1990 as amended by
the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Inflation Adjustment Act). The
Inflation Adjustment Act requires the
Department to annually adjust its civil
money penalty levels for inflation no
later than January 15 of each year. The
Inflation Adjustment Act provides that
agencies shall adjust civil monetary
penalties notwithstanding Section 553
of the Administrative Procedure Act
(APA). Additionally, the Inflation
Adjustment Act provides a cost-of-living
formula for adjustment of the civil
penalties. Accordingly, this final rule
sets forth the Department’s 2024 annual
adjustments for inflation to its civil
monetary penalties.
DATES: This final rule is effective on
January 15, 2024. As provided by the
Inflation Adjustment Act, the increased
penalty levels apply to any penalties
assessed after January 15, 2024.
FOR FURTHER INFORMATION CONTACT: Erin
FitzGerald, Senior Policy Advisor, U.S.
Department of Labor, Room S–2312, 200
Constitution Avenue NW, Washington,
DC 20210; telephone: (202) 693–5076
(this is not a toll-free number). Copies
of this final rule may be obtained in
alternative formats (large print, Braille,
audio tape or disc), upon request, by
calling (202) 693–5959 (this is not a tollfree number). TTY/TDD callers may dial
toll-free 1–877–889–5627 to obtain
information or request materials in
alternative formats.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Preamble Table of Contents
I. Background
II. Adjustment for 2024
III. Paperwork Reduction Act
IV. Administrative Procedure Act
PO 00000
Frm 00024
Fmt 4700
*
*
CBP Dec. 19–02, extended by CBP
Dec. 24–01.
Sfmt 4700
*
*
V. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
VI. Regulatory Flexibility Act and Small
Business Regulatory Enforcement
Fairness Act
VII. Other Regulatory Considerations
A. The Unfunded Mandates Reform Act of
1995
B. Executive Order 13132: Federalism
C. Executive Order 13175: Indian Tribal
Governments
D. The Treasury and General Government
Appropriations Act of 1999: Assessment
of Federal Regulations and Policies on
Families
E. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
F. Environmental Impact Assessment
G. Executive Order 13211: Energy Supply
H. Executive Order 12630: Constitutionally
Protected Property Rights
I. Executive Order 12988: Civil Justice
Reform Analysis
I. Background
On November 2, 2015, Congress
enacted the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015, Public Law 114–74, sec.
701 (Inflation Adjustment Act), which
further amended the Federal Civil
Penalties Inflation Adjustment Act of
1990 as previously amended by the
1996 Debt Collection Improvement Act
(collectively, the ‘‘Prior Inflation
Adjustment Act’’), to improve the
effectiveness of civil monetary penalties
and to maintain their deterrent effect.
The Inflation Adjustment Act required
agencies to (1) adjust the level of civil
monetary penalties with an initial
‘‘catch-up’’ adjustment through an
interim final rule (IFR); and (2) make
subsequent annual adjustments for
inflation no later than January 15 of
each year.
On July 1, 2016, the Department
published an IFR that established the
initial catch-up adjustment for most
civil penalties that the Department
administers and requested comments.
See 81 FR 43430 (DOL IFR). On January
18, 2017, the Department published the
final rule establishing the 2017 Annual
Adjustment for those civil monetary
penalties adjusted in the DOL IFR. See
82 FR 5373 (DOL 2017 Annual
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]]>Agencies
[Federal Register Volume 89, Number 8 (Thursday, January 11, 2024)]
[Rules and Regulations]
[Pages 1808-1810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00394]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. 24-01]
RIN 1515-AE87
Extension of Import Restrictions Imposed on Certain
Archaeological Material From China
AGENCY: U.S. 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 extend import restrictions on certain
archaeological material from China. The Assistant Secretary for
Educational and Cultural Affairs, United States Department of State,
has made the requisite determinations for extending the import
restrictions, which were originally imposed by CBP Dec. 09-03 and last
extended by CBP Dec. 19-02. Accordingly, these import restrictions will
remain in effect for an additional five years, and the CBP regulations
are being amended to reflect this further extension through January 14,
2029.
DATES: Effective January 14, 2024.
FOR FURTHER INFORMATION CONTACT: For legal aspects, W. Richmond
Beevers, Chief, Cargo Security, Carriers and Restricted Merchandise
Branch, Regulations and Rulings, Office of Trade, (202) 325-0084, [email protected]. For operational aspects, Julie L.
Stoeber, Chief, 1USG Branch, Trade Policy and Programs, Office of
Trade, (202) 945-7064, [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Convention on Cultural Property Implementation Act (Pub. L. 97-
446, 19 U.S.C. 2601 et seq.) (CPIA), which implements the 1970 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 (823
U.N.T.S. 231 (1972)) (the Convention), allows for the conclusion of an
agreement between the United States and another party to the Convention
to impose import restrictions on eligible archaeological and
ethnological materials. Under the CPIA and the applicable U.S. Customs
and Border Protection (CBP) regulations, found in Sec. 12.104 of title
19 of the Code of Federal Regulations (19 CFR 12.104), the restrictions
are effective for no more than five years beginning on the date on
which an agreement enters into force with respect to the United States
(19 U.S.C. 2602(b)). This period may be extended for additional
periods, each extension not to exceed five years, if it is determined
that the factors justifying the initial agreement still pertain and no
cause for suspension of the agreement exists (19 U.S.C. 2602(e); 19 CFR
12.104g(a)).
On January 14, 2009, the United States entered into a bilateral
agreement with the People's Republic of China (China) to impose import
restrictions on
[[Page 1809]]
certain archaeological material representing China's cultural heritage
from the Paleolithic Period (c. 75,000 B.C.) through the end of the
Tang Period (A.D. 907), and monumental sculpture and wall art at least
250 years old. On January 16, 2009, CBP published a final rule (CBP
Dec. 09-03) in the Federal Register (74 FR 2838), which amended 19 CFR
12.104g(a) to reflect the imposition of these restrictions, including a
list designating the types of archaeological materials covered by the
restrictions.
The import restrictions were subsequently extended two more times
in accordance with 19 U.S.C. 2602(e) and 19 CFR 12.104g(a), and the
designated list was amended once. On January 13, 2014, CBP published a
final rule (CBP Dec. 14-02) in the Federal Register (79 FR 2088), which
amended Sec. 12.104g(a) to reflect the extension of these import
restrictions for an additional five years. By request of China, this
document also amended the Designated List to clarify that the
restrictions as to monumental sculpture and wall art at least 250 years
old were to be calculated as of January 14, 2009, the date the
agreement became effective.
Subsequently, on January 10, 2019, the United States and China
entered into a new memorandum of understanding (2019 MOU), that
superseded and replaced the prior agreement, extending the import
restrictions for an additional five years. The new MOU added a new
subcategory of glass objects from the Zhou period through the Tang
period and revised the Designated List of cultural property described
in CBP Dec. 14-02. On January 14, 2019, CBP published a final rule (CBP
Dec. 19-02) in the Federal Register (84 FR 107), which amended Sec.
12.104g(a) to reflect the extension of these import restrictions for an
additional five years and amended the Designated List to include the
new subcategory of glass objects from the Zhou period through the Tang
Period. These import restrictions are due to expire on January 14,
2024.
On May 19, 2023, the United States Department of State proposed in
the Federal Register (88 FR 32264) to extend the 2019 MOU. On November
14, 2023, after considering the views and recommendations of the
Cultural Property Advisory Committee, the Acting Assistant Secretary
for Educational and Cultural Affairs, United States Department of
State, made the necessary determinations to extend the import
restrictions for an additional five years. Following an exchange of
diplomatic notes, the United States Department of State and the
Government of the People's Republic of China have agreed to extend the
restrictions for an additional five-year period, through January 14,
2029.
Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the
extension of these import restrictions. The restrictions on the
importation of archaeological material from China will continue in
effect through January 14, 2029. Importation of such material from
China continues to be restricted through that date unless the
conditions set forth in 19 U.S.C. 2606 and 19 CFR 12.104c are met.
The Designated List and additional information may also be found at
the following website address: https://eca.state.gov/cultural-heritage-center/cultural-property-advisory-committee/current-import-restrictions
by selecting the material for ``China.''
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).
Executive Orders 12866 and 13563
Executive Orders 12866 (as amended by Executive Order 14994) and
13563 direct agencies to assess the costs and benefits of available
regulatory alternatives and, if regulation is necessary, to select
regulatory approaches that maximize net benefits (including potential
economic, environmental, public health and safety effects, distributive
impacts, and equity). Executive Order 13563 emphasizes the importance
of quantifying both costs and benefits, of reducing costs, of
harmonizing rules, and of promoting flexibility. CBP has determined
that this document is not a regulation or rule subject to the
provisions of Executive Orders 12866 and 13563 because it pertains to a
foreign affairs function of the United States, as described above, and
therefore is specifically exempted by section 3(d)(2) of Executive
Order 12866 and, by extension, Executive Order 13563.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,
requires an agency to prepare and make available to the public a
regulatory flexibility analysis that describes the effect of a proposed
rule on small entities (i.e., small businesses, small organizations,
and small governmental jurisdictions) when the agency is required to
publish a general notice of proposed rulemaking for a rule. Since a
general notice of proposed rulemaking is not necessary for this rule,
CBP is not required to prepare a regulatory flexibility analysis for
this rule.
Signing Authority
This regulation is being issued in accordance with 19 CFR 0.1(a)(1)
pertaining to the Secretary of the Treasury's authority (or that of the
Secretary's delegate) to approve regulations related to customs revenue
functions.
Troy A. Miller, the Senior Official Performing the Duties of the
Commissioner, having reviewed and approved this document, has delegated
the authority to electronically sign this document to the Director (or
Acting Director, if applicable) of the Regulations and Disclosure Law
Division for CBP, for purposes of publication in the Federal Register.
List of Subjects in 19 CFR Part 12
Cultural property, Customs duties and inspection, Imports,
Prohibited merchandise, and Reporting and recordkeeping requirements.
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, amend the table in paragraph (a) by revising the
entry for the People's Republic of China to read as follows:
Sec. 12.104g Specific items or categories designated by agreements or
emergency actions.
(a) * * *
[[Page 1810]]
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State party Cultural property Decision No.
------------------------------------------------------------------------
* * * * * * *
People's Republic of China.... Archaeological CBP Dec. 19-02,
materials extended by CBP
representing China's Dec. 24-01.
cultural heritage
from the Paleolithic
Period (c. 75,000
B.C.) through the end
of the Tang Period
(A.D. 907) and
monumental sculpture
and wall art at least
250 years old as of
January 14, 2009.
* * * * * * *
------------------------------------------------------------------------
* * * * *
Robert F. Altneu,
Director, Regulations and Disclosure Law Division, Regulations and
Rulings, Office of Trade, U.S. Customs and Border Protection.
Approved:
Thomas C. West, Jr.,
Deputy Assistant Secretary of the Treasury for Tax Policy.
[FR Doc. 2024-00394 Filed 1-10-24; 8:45 am]
BILLING CODE 9111-14-P
