81 FR 13721 - Extension of Import Restrictions Imposed on Certain Archaeological and Ethnological Materials From the Republic of Colombia
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY Federal Register Volume 81, Issue 50 (March 15, 2016)
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
Federal Register Volume 81, Issue 50 (March 15, 2016)
| Page Range | 13721-13722 | |
| FR Document | 2016-05811 |
[Federal Register Volume 81, Number 50 (Tuesday, March 15, 2016)] [Rules and Regulations] [Pages 13721-13722] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05811] ======================================================================= ----------------------------------------------------------------------- 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, [email protected]. 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: http://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
![Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Rules and Regulations 13721
airports must conform to the FAA sponsor’s actions are consistent with its communications that they are a flight
definition found in FAA Order 5190.6B, grant assurances, specifically Grant school, and Flying Clubs must not
paragraph 10.6. As stated, the Order Assurance 22, Economic indicate in any form of marketing and/
defines ‘‘a flying club as a nonprofit or Nondiscrimination. or communications that they are a
not-for-profit entity (e.g., corporation, FAA’s policy regarding flying clubs is business where people can learn to fly.
association, or partnership) organized amended by revising FAA Order Issued in Washington, DC, on March 9,
for the express purpose of providing its 5190.6B paragraphs 10.6(c)(3) and (4) 2016.
members with aircraft for their personal and by adding paragraphs 10.6 (c)(8) Byron Huffman,
use and enjoyment only.’’ In addition, and (9):
Acting Director, Office of Airport Compliance
the ownership of the club aircraft must b. General The ownership of the
and Management Analysis.
be vested in the name of the flying club club aircraft must be vested in the name
[FR Doc. 2016–05833 Filed 3–14–16; 8:45 am]
or owned by all its members, the of the flying club or owned by all its
BILLING CODE 4910–13–P
property rights of the members of the members. The property rights of the
club shall be equal and no part of the members of the club shall be equal; no
net earnings of the club will inure to the part of the net earnings of the club will
benefit of any individual in any form, inure to the benefit of any individual in DEPARTMENT OF HOMELAND
including salaries, bonuses, etc. These any form, including salaries, bonuses, SECURITY
flying clubs can be distinguished from etc. The flying club may not derive
greater revenue from the use of its U.S. Customs and Border Protection
commercial service providers that use
the term ‘‘flying club’’ to describe their aircraft than the amount needed for the
operation, maintenance and DEPARTMENT OF THE TREASURY
operation in order to avoid having to
comply with the airport’s minimum replacement of its aircraft.
(c)(3). A flying club may permit its 19 CFR Part 12
standards for commercial service
providers Those ‘‘flying clubs’’ do not aircraft to be used for flight instruction [CBP Dec. 16–05]
conform to the FAA definition and put in a club-owned aircraft as long as both
RIN 1515–AE08
other commercial aeronautical service the instructor providing instruction and
providers at an economic disadvantage. person receiving instruction are Extension of Import Restrictions
Generally, they hold themselves out to members of the club owning the aircraft, Imposed on Certain Archaeological
the public as alternatives to traditional or when the instruction is given by a and Ethnological Materials From the
flight schools and aircraft rental lessee based on the airport who Republic of Colombia
providers, and charge only nominal provides flight training and the person
annual ‘‘club fees.’’ receiving the training is a member of the AGENCY: Customs and Border Protection,
FAA policy will emphasize three flying club. In either circumstance, a Department of Homeland Security;
points: (1) Flying clubs should at no flight instructor may receive monetary Department of the Treasury.
time hold themselves out as fixed based compensation for instruction or may be ACTION: Final rule.
operators, flight schools, or as compensated by credit against payment
businesses offering services to the of dues or flight time; however that SUMMARY: This document amends the
general public; and (2) CFIs and individual may not receive both U.S. Customs and Border Protection
mechanics should be permitted to compensation and waived or discounted (CBP) regulations to reflect the
receive either monetary compensation dues or flight time concurrently. The extension of import restrictions on
or discounted/waived regular club airport sponsor may set limits on the certain archaeological and ethnological
member dues but not both; (3) flying amount of instruction that may be materials from the Republic of Colombia
clubs must not indicate, in any form of performed for compensation. (‘‘Colombia’’). The restrictions, which
marketing and/or communications, that (c)(4). A qualified mechanic who is a were originally imposed by CBP
they are a flight school and flying clubs registered member and part owner of the Decision (Dec.) 06–09 and extended by
must not indicate in any form of aircraft owned and operated by a flying CBP Dec. 11–06, are due to expire on
marketing and/or communications that club may perform maintenance work on March 15, 2016. The Assistant Secretary
they are a business where people can aircraft owned by the club. The for Educational and Cultural Affairs,
learn to fly. FAA agrees with NATA that mechanic may receive monetary United States Department of State, has
flight instructors and mechanics should compensation for such maintenance determined that factors continue to
be bona-fide club members paying dues work or may be compensated by credit warrant the imposition of import
as a condition to receiving against payment of dues or flight time; restrictions and no cause for suspension
compensation for services or a bona-fide however that individual may not receive exists. Accordingly, these import
member receiving a discount or waiver both compensation and waived or restrictions will remain in effect for an
of dues with no compensation. To offer discounted dues or flight time additional five years, and the CBP
both compensation and discounted/ concurrently. The airport sponsor may regulations are being amended to reflect
waived dues may result in abuse and set limits on the amount of maintenance this extension until March 15, 2021.
the use of outside instructors and that may be performed for These restrictions are being extended
mechanics who have no investment of compensation. pursuant to determinations of the
time or commitment to the club. (c)(8). Flying Clubs may not hold United States Department of State made
Additionally, FAA agrees with NATA themselves out to the public as fixed under the terms of the Convention on
asabaliauskas on DSK3SPTVN1PROD with RULES
and FSANA that flying clubs must based operators, a specialized aviation Cultural Property Implementation Act
distinguish themselves from other service operation, maintenance facility that implemented the United Nations
aeronautical service providers. or a flight school and are prohibited Educational, Scientific and Cultural
FAA expects that sponsors of from advertisements as such or be Organization (UNESCO) Convention on
federally-obligated airports will take required to comply with the appropriate the Means of Prohibiting and Preventing
appropriate action to ensure that airport minimum standards. the Illicit Import, Export and Transfer of
commercial operators and flying clubs (c)(9). Flying Clubs may not indicate Ownership of Cultural Property. CBP
are properly classified, and the in any form of marketing and/or Dec. 06–09 contains the Designated List
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![13722 Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Rules and Regulations
of archaeological and ethnological the cultural heritage of Colombia Regulations (19 CFR part 12), is
materials of Colombia to which the continues to be in jeopardy from pillage amended as set forth below:
restrictions apply. of archaeological and ethnological
DATES: Effective Date: March 15, 2016. materials and made the necessary PART 12—SPECIAL CLASSES OF
determinations to extend the import MERCHANDISE
FOR FURTHER INFORMATION CONTACT: For
legal aspects, Lisa L. Burley, Chief, restrictions for an additional five years.
Diplomatic notes have been exchanged, ■ 1. The general authority citation for
Cargo Security, Carriers and Restricted part 12 and the specific authority
Merchandise Branch, Regulations and reflecting the extension of those
restrictions for an additional five-year citation for § 12.104g continue to read as
Rulings, Office of International Trade, follows:
(202) 325–0215. For operational aspects, period. Accordingly, CBP is amending
19 CFR 12.104g(a) to reflect this Authority: 5 U.S.C. 301; 19 U.S.C. 66,
William R. Scopa, Branch Chief, Partner 1202 (General Note 3(i), Harmonized Tariff
Government Agency Branch, Trade extension of the import restrictions.
The Designated List of archaeological Schedule of the United States (HTSUS)),
Policy and Programs, Office of 1624.
and ethnological materials from
International Trade, (202) 863–6554, * * * * *
Colombia covered by these import
William.R.Scopa@cbp.dhs.gov. Sections 12.104 through 12.104i also
restrictions is set forth in CBP Dec. 06–
SUPPLEMENTARY INFORMATION: 09. The Designated List may also be issued under 19 U.S.C. 2612;
Background found at the following Internet Web site * * * * *
address: http://eca.state.gov/cultural-
Pursuant to the provisions of the 1970 § 12.104g [Amended]
heritage-center/cultural-property-
United Nations Educational, Scientific protection/bilateral-agreements/ ■ 2. In § 12.104g, paragraph (a), the table
and Cultural Organization (UNESCO) colombia. is amended in the entry for Colombia by
Convention, implemented by the The restrictions on the importation of removing the reference to ‘‘CBP Dec.
Convention on Cultural Property these archaeological and ethnological 11–06’’ and adding in its place ‘‘CBP
Implementation Act (Pub. L. 97–446, 19 materials from Colombia are to continue Dec. 16–05’’.
U.S.C. 2601 et seq.), the United States in effect for an additional five years. R. Gil Kerlikowske,
entered into a bilateral agreement with Importation of such materials continues
the Republic of Colombia (‘‘Colombia’’) Commissioner, U.S. Customs and Border
to be restricted unless the conditions set Protection.
on March 15, 2006, concerning the forth in 19 U.S.C. 2606 and 19 CFR
imposition of import restrictions on Approved: March 10, 2016.
12.104c are met.
certain archeological and ethnological Timothy E. Skud,
materials from Colombia (the Inapplicability of Notice and Delayed Deputy Assistant Secretary of the Treasury.
‘‘Agreement’’). On March 17, 2006, CBP Effective Date [FR Doc. 2016–05811 Filed 3–14–16; 8:45 am]
published CBP Dec. 06–09 in the This amendment involves a foreign BILLING CODE P
Federal Register (71 FR 13757), which affairs function of the United States and
amended 19 CFR 12.104g(a) to reflect is, therefore, being made without notice
the imposition of these restrictions and or public procedure (5 U.S.C. 553(a)(1)). DEPARTMENT OF TRANSPORTATION
included a list designating the types of In addition, CBP has determined that
articles covered by the restrictions. such notice or public procedure would Federal Highway Administration
Import restrictions listed in 19 CFR be impracticable and contrary to the
12.104g(a) are effective for no more than public interest because the action being 23 CFR Part 924
five years beginning on the date on taken is essential to avoid interruption [Docket No. FHWA–2013–0019]
which the agreement enters into force of the application of the existing import
with respect to the United States. This restrictions (5 U.S.C. 553(b)(B)). For the RIN 2125–AF56
period may be extended for additional same reasons, a delayed effective date is
periods of not more than five years if it not required under 5 U.S.C. 553(d)(3). Highway Safety Improvement Program
is determined that the factors which Regulatory Flexibility Act AGENCY: Federal Highway
justified the initial agreement still Administration (FHWA), DOT.
pertain and no cause for suspension of Because no notice of proposed
ACTION: Final rule.
the agreement exists. rulemaking is required, the provisions
Since the initial document was of the Regulatory Flexibility Act (5 SUMMARY: The purpose of this final rule
published on March 17, 2006, the U.S.C. 601 et seq.) do not apply. is to incorporate changes to the
import restrictions were extended on Executive Order 12866 Highway Safety Improvement Program
March 15, 2011. CBP published CBP (HSIP) regulations to address provisions
Dec. 11–06 in the Federal Register (76 It has been determined that this rule in the Moving Ahead for Progress in the
FR 13879) which amended 19 CFR is not a significant regulatory action 21st Century Act (MAP–21) as well as
12.104g(a) to reflect the extension for an under Executive Order 12866. to incorporate clarifications to better
additional period of five years. Signing Authority explain existing regulatory language.
On July 23, 2015, the Department of This regulation is being issued in The DOT also considered the HSIP
State received a request by the accordance with 19 CFR 0.1(a)(1). provisions in the Fixing America’s
Government of Colombia to extend the Surface Transportation Act (FAST Act)
asabaliauskas on DSK3SPTVN1PROD with RULES
Agreement. Subsequently, the List of Subjects in 19 CFR Part 12 in the development of the HSIP final
Department of State proposed to extend Cultural property, Customs duties and rule. Specifically, this rule removes the
the Agreement. After considering the inspection, Imports, Prohibited requirement for States to prepare a
views and recommendations of the merchandise. Transparency Report that describes not
Cultural Property Advisory Committee, less than 5 percent of locations that
the Assistant Secretary for Educational Amendment to CBP Regulations exhibit the most severe safety needs,
and Cultural Affairs, United States For the reasons set forth above, part removes the High Risk Rural Roads
Department of State, determined that 12 of title 19 of the Code of Federal (HRRR) set-aside, and removes the 10
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Document Created: 2016-03-15 04:07:03
Document Modified: 2016-03-15 04:07:03
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| 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, [email protected] | |
| FR Citation | 81 FR 13721 | |
| RIN Number | 1515-AE08 | |
| CFR Associated | Cultural Property; Customs Duties and Inspection; Imports and Prohibited Merchandise |
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