81_FR_2096 81 FR 2086 - Extension of Import Restrictions Imposed on Archaeological Material Originating in Italy and Representing the Pre-Classical, Classical, and Imperial Roman Periods

81 FR 2086 - Extension of Import Restrictions Imposed on Archaeological Material Originating in Italy and Representing the Pre-Classical, Classical, and Imperial Roman Periods

DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY

Federal Register Volume 81, Issue 10 (January 15, 2016)

Page Range2086-2088
FR Document2016-00735

This document amends Customs and Border Protection (CBP) regulations to reflect the extension of import restrictions on certain categories of archaeological material originating in Italy and representing the pre-Classical, Classical, and Imperial Roman periods of its cultural heritage, ranging in date from approximately the 9th century B.C. through approximately the 4th century A.D. The restrictions, which were originally imposed by Treasury Decision (T.D.) 01-06 and extended by CBP Decision (CBP Dec.) 06-01 and CBP Dec. 11-03 are due to expire on January 19, 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 January 19, 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. 11-03 contains the Designated List of archaeological material originating in Italy and representing the pre-Classical, Classical, and Imperial Roman periods to which the restrictions apply.

Federal Register, Volume 81 Issue 10 (Friday, January 15, 2016)
[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)]
[Rules and Regulations]
[Pages 2086-2088]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00735]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 16-02]
RIN 1515-AE07


Extension of Import Restrictions Imposed on Archaeological 
Material Originating in Italy and Representing the Pre-Classical, 
Classical, and Imperial Roman Periods

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

ACTION: Final rule.

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

SUMMARY: This document amends Customs and Border Protection (CBP)

[[Page 2087]]

regulations to reflect the extension of import restrictions on certain 
categories of archaeological material originating in Italy and 
representing the pre-Classical, Classical, and Imperial Roman periods 
of its cultural heritage, ranging in date from approximately the 9th 
century B.C. through approximately the 4th century A.D. The 
restrictions, which were originally imposed by Treasury Decision (T.D.) 
01-06 and extended by CBP Decision (CBP Dec.) 06-01 and CBP Dec. 11-03 
are due to expire on January 19, 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 January 19, 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. 11-03 contains the 
Designated List of archaeological material originating in Italy and 
representing the pre-Classical, Classical, and Imperial Roman periods 
to which the restrictions apply.

DATES: Effective Date: January 19, 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 Italy on January 19, 2001, concerning the 
imposition of import restrictions on archeological material originating 
in Italy and representing the pre-Classical, Classical, and Imperial 
Roman periods. On January 23, 2001, the former U.S. Customs Service 
(now U.S. Customs and Border Protection (CBP)) published T.D. 01-06 in 
the Federal Register (66 FR 7399), which amended 19 CFR 12.104g(a) to 
indicate the imposition of these restrictions and included a list 
designating the types of archaeological material 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)).
    Since the initial notice was published on January 23, 2001, the 
import restrictions were extended twice. First, on January 19, 2006, 
CBP published CBP Dec. 06-01 in the Federal Register (71 FR 3000) which 
amended 19 CFR 12.104g(a) to reflect the extension for an additional 
period of five years. Subsequently, on January 19, 2011, CBP published 
CBP Dec. 11-03 in the Federal Register (76 FR 3012) to extend the 
import restriction for an additional five-year period to January 19, 
2016. CBP Dec. 11-03 also reflects an amendment to the Designated List 
to include the subcategory ``Coins of Italian Types'' as part of the 
category entitled ``Metal,'' pursuant to 19 U.S.C. 2604.
    On December 23, 2014, the Department of State received a request by 
the Government of the Republic of Italy 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 Italy continues to be in jeopardy from 
pillage of archaeological material representing the pre-Classical, 
Classical, and Imperial Roman periods 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 Pre-Classical, Classical and Imperial Roman 
Period Archaeological Material from Italy covered by these import 
restrictions is set forth in CBP Dec. 11-03. The Designated List and 
accompanying image database may also be found at the following Internet 
Web site address: http://eca.state.gov/cultural-heritage-center/cultural-property-protection/bilateral-agreements/italy.
    The restrictions on the importation of these archaeological 
materials from the Republic of Italy are to continue in effect for an 
additional five years. 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 
(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;
* * * * *

[[Page 2088]]

    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 Italy by removing the reference to ``CBP Dec. 11-03'' and adding in 
its place ``CBP Dec. 16-02''.

R. Gil Kerlikowske,
Commissioner, U.S. Customs and Border Protection.
    Approved: January 12, 2016.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2016-00735 Filed 1-14-16; 8:45 am]
 BILLING CODE 9111-14-P



                                           2086               Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Rules and Regulations

                                           As indicated above, CBP Dec. 15–03                      control number 1651–0117, which                        Amendment to the CBP Regulations
                                           provided for the submission of public                   covers many of the free trade agreement                  For the reasons stated above, the
                                           comments which would be considered                      requirements that CBP administers, and                 interim rule amending Parts 10, 24, 162,
                                           before adoption of the interim                          1651–0076, which covers general                        163, and 178 of the CBP regulations (19
                                           regulations as a final rule. All interested             recordkeeping requirements. The                        CFR parts 10, 24, 162, 163, and 178),
                                           parties, including Australian exporters,                collections of information in these                    which was published at 80 FR 7303 on
                                           were given the opportunity to submit                    regulations are in §§ 10.723, 10.724, and              February 10, 2015, is adopted as a final
                                           public comments. No such public                         10.727 of title 19 of the Code of Federal              rule with the following change:
                                           comments were received from or                          Regulations (19 CFR 10.723, 10.724, and
                                           submitted by any party in response to                   10.727). This information is required in               PART 10—ARTICLES CONDITIONALLY
                                           CBP Dec. 15–03 that objected to the                     connection with general recordkeeping                  FREE, SUBJECT TO A REDUCED
                                           changes in the interim rules being                      requirements (§ 10.727), as well as                    RATE, ETC.
                                           included in a final rule.                               claims for preferential tariff treatment
                                                                                                   under the AFTA and the Act and will                    ■ 1. The general authority citation for
                                           Other Amendment                                                                                                part 10, and the specific authority
                                                                                                   be used by CBP to determine eligibility
                                             This document clarifies 19 CFR                        for tariff preference under the AFTA                   citation for Subpart L, continue to read
                                           10.725(c) by removing the parenthetical                 and the Act. The likely respondents are                as follows:
                                           cross reference to §§ 10.746 and 10.747                 business organizations including                         Authority: 19 U.S.C. 66, 1202 (General
                                           and, instead, stating that the importer’s               importers, exporters and manufacturers.                Note 3(i), Harmonized Tariff Schedule of the
                                           actions must be ‘‘pursuant to’’ those                     The estimated total annual reporting                 United States), 1321, 1481, 1484, 1498, 1508,
                                           CBP regulations.                                        burden associated with the collection of               1623, 1624, 3314.
                                           Conclusion                                              information in this final rule is 4,000                *       *    *     *      *
                                                                                                   hours. Under the Paperwork Reduction                     Sections 10.721 through 10.748 also issued
                                             After further review of the matter,                   Act, an agency may not conduct or                      under 19 U.S.C. 1202 (General Note 28,
                                           including consideration of the above-                   sponsor and a person is not required to                HTSUS) and Pub. L. 108–286, 118 Stat. 919
                                           mentioned comment submitted in                          respond to a collection of information,                (19 U.S.C. 3805 note).
                                           response to CBP’s solicitation of public                unless it displays a valid OMB control                 *       *    *     *      *
                                           comment, CBP has determined to adopt                    number.
                                           as final, with a clarification, the interim                                                                    § 10.725    [Amended]
                                           rule published in the Federal Register                  Signing Authority                                      ■  2. In § 10.725, paragraph (c) is
                                           (80 FR 7303) on February 10, 2015.                        This document is being issued in                     amended by removing the language,
                                                                                                   accordance with § 0.1(a)(1) of the CBP                 ‘‘(see §§ 10.746 and 10.747 of this
                                           Executive Order 12866                                                                                          subpart)’’ and adding in its place the
                                                                                                   regulations (19 CFR 0.1(a)(1)) pertaining
                                             This document is not a regulation                     to the authority of the Secretary of the               language, ‘‘pursuant to §§ 10.746 and
                                           subject to the provisions of Executive                  Treasury (or his/her delegate) to                      10.747 of this subpart’’.
                                           Order 12866 of September 30, 1993 (58                   approve regulations related to certain                 R. Gil Kerlikowske,
                                           FR 51735, October 1993), because it                     CBP revenue functions.
                                           pertains to a foreign affairs function of                                                                      Commissioner.
                                           the United States and implements an                     List of Subjects                                         Approved: January 11, 2016.
                                           international agreement, as described                   19 CFR Part 10                                         Timothy E. Skud,
                                           above, and therefore is specifically                                                                           Deputy Assistant Secretary of the Treasury.
                                                                                                     Alterations, Bonds, Customs duties
                                           exempted by section 3(d)(2) of                                                                                 [FR Doc. 2016–00628 Filed 1–14–16; 8:45 am]
                                                                                                   and inspection, Exports, Imports,
                                           Executive Order 12866.                                                                                         BILLING CODE 9111–14–P
                                                                                                   Preference programs, Repairs, Reporting
                                           Regulatory Flexibility Act                              and recordkeeping requirements, Trade
                                             CBP Dec. 15–03 was issued as an                       agreements.
                                                                                                                                                          DEPARTMENT OF HOMELAND
                                           interim rule rather than a notice of                    19 CFR Part 24                                         SECURITY
                                           proposed rulemaking because CBP had                       Accounting, Customs duties and
                                           determined that the interim regulations                                                                        U.S. Customs and Border Protection
                                                                                                   inspection, Financial and accounting
                                           involve a foreign affairs function of the               procedures, Reporting and
                                           United States pursuant to section                                                                              DEPARTMENT OF THE TREASURY
                                                                                                   recordkeeping requirements, Trade
                                           553(a)(1) of the Administrative                         agreements, User fees.
                                           Procedure Act (APA). As no notice of                                                                           19 CFR Part 12
                                           proposed rulemaking was required, the                   19 CFR Part 162                                        [CBP Dec. 16–02]
                                           provisions of the Regulatory Flexibility                  Administrative practice and
                                           Act, as amended (5 U.S.C. 601 et seq.),                                                                        RIN 1515–AE07
                                                                                                   procedure, Customs duties and
                                           do not apply. Accordingly, this final                   inspection, Penalties, Trade agreements.
                                           rule is not subject to the regulatory                                                                          Extension of Import Restrictions
                                           analysis requirements or other                          19 CFR Part 163                                        Imposed on Archaeological Material
                                           requirements of 5 U.S.C. 603 and 604.                                                                          Originating in Italy and Representing
                                                                                                     Administrative practice and
                                                                                                                                                          the Pre-Classical, Classical, and
                                                                                                   procedure, Customs duties and
                                           Paperwork Reduction Act                                                                                        Imperial Roman Periods
                                                                                                   inspection, Exports, Imports, Reporting
                                             The collections of information                        and recordkeeping requirements, Trade                  AGENCY:  Customs and Border Protection,
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                                           contained in these regulations have                     agreements.                                            Department of Homeland Security;
                                           previously been reviewed and approved                                                                          Department of the Treasury.
                                           by the Office of Management and                         19 CFR Part 178
                                                                                                                                                          ACTION: Final rule.
                                           Budget (OMB) in accordance with the                       Administrative practice and
                                           requirements of the Paperwork                           procedure, Exports, Imports, Reporting                 SUMMARY: This document amends
                                           Reduction Act (44 U.S.C. 3507) under                    and recordkeeping requirements.                        Customs and Border Protection (CBP)


                                      VerDate Sep<11>2014   15:13 Jan 14, 2016   Jkt 238001   PO 00000   Frm 00020   Fmt 4700   Sfmt 4700   E:\FR\FM\15JAR1.SGM   15JAR1


                                                              Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Rules and Regulations                                             2087

                                           regulations to reflect the extension of                 On January 23, 2001, the former U.S.                   set forth in CBP Dec. 11–03. The
                                           import restrictions on certain categories               Customs Service (now U.S. Customs and                  Designated List and accompanying
                                           of archaeological material originating in               Border Protection (CBP)) published T.D.                image database may also be found at the
                                           Italy and representing the pre-Classical,               01–06 in the Federal Register (66 FR                   following Internet Web site address:
                                           Classical, and Imperial Roman periods                   7399), which amended 19 CFR                            http://eca.state.gov/cultural-heritage-
                                           of its cultural heritage, ranging in date               12.104g(a) to indicate the imposition of               center/cultural-property-protection/
                                           from approximately the 9th century B.C.                 these restrictions and included a list                 bilateral-agreements/italy.
                                           through approximately the 4th century                   designating the types of archaeological                   The restrictions on the importation of
                                           A.D. The restrictions, which were                       material covered by the restrictions.                  these archaeological materials from the
                                           originally imposed by Treasury Decision                    Import restrictions listed in 19 CFR                Republic of Italy are to continue in
                                           (T.D.) 01–06 and extended by CBP                        12.104g(a) are ‘‘effective for no more                 effect for an additional five years.
                                           Decision (CBP Dec.) 06–01 and CBP                       than five years beginning on the date on               Importation of such material continues
                                           Dec. 11–03 are due to expire on January                 which the agreement enters into force                  to be restricted unless the conditions set
                                           19, 2016. The Assistant Secretary for                   with respect to the United States. This                forth in 19 U.S.C. 2606 and 19 CFR
                                           Educational and Cultural Affairs, United                period can be extended for additional                  12.104c are met.
                                           States Department of State, has                         periods not to exceed five years if it is
                                                                                                                                                          Inapplicability of Notice and Delayed
                                           determined that factors continue to                     determined that the factors which
                                                                                                                                                          Effective Date
                                           warrant the imposition of import                        justified the initial agreement still
                                           restrictions and no cause for suspension                pertain and no cause for suspension of                    This amendment involves a foreign
                                           exists. Accordingly, these import                       the agreement exists’’ (19 CFR                         affairs function of the United States and
                                           restrictions will remain in effect for an               12.104g(a)).                                           is, therefore, being made without notice
                                           additional five years, and the CBP                         Since the initial notice was published              or public procedure (5 U.S.C. 553(a)(1)).
                                           regulations are being amended to reflect                on January 23, 2001, the import                        In addition, CBP has determined that
                                           this extension until January 19, 2021.                  restrictions were extended twice. First,               such notice or public procedure would
                                           These restrictions are being extended                   on January 19, 2006, CBP published                     be impracticable and contrary to the
                                           pursuant to determinations of the                       CBP Dec. 06–01 in the Federal Register                 public interest because the action being
                                           United States Department of State made                  (71 FR 3000) which amended 19 CFR                      taken is essential to avoid interruption
                                           under the terms of the Convention on                    12.104g(a) to reflect the extension for an             of the application of the existing import
                                           Cultural Property Implementation Act                    additional period of five years.                       restrictions (5 U.S.C. 553(b)(B)). For the
                                           that implemented the United Nations                     Subsequently, on January 19, 2011, CBP                 same reasons, a delayed effective date is
                                           Educational, Scientific and Cultural                    published CBP Dec. 11–03 in the                        not required under 5 U.S.C. 553(d)(3).
                                           Organization (UNESCO) Convention on                     Federal Register (76 FR 3012) to extend
                                                                                                                                                          Regulatory Flexibility Act
                                                                                                   the import restriction for an additional
                                           the Means of Prohibiting and Preventing                                                                          Because no notice of proposed
                                                                                                   five-year period to January 19, 2016.
                                           the Illicit Import, Export and Transfer of                                                                     rulemaking is required, the provisions
                                                                                                   CBP Dec. 11–03 also reflects an
                                           Ownership of Cultural Property. CBP                                                                            of the Regulatory Flexibility Act (5
                                                                                                   amendment to the Designated List to
                                           Dec. 11–03 contains the Designated List                                                                        U.S.C. 601 et seq.) do not apply.
                                                                                                   include the subcategory ‘‘Coins of
                                           of archaeological material originating in
                                                                                                   Italian Types’’ as part of the category                Executive Order 12866
                                           Italy and representing the pre-Classical,
                                                                                                   entitled ‘‘Metal,’’ pursuant to 19 U.S.C.
                                           Classical, and Imperial Roman periods                                                                             It has been determined that this rule
                                                                                                   2604.
                                           to which the restrictions apply.                           On December 23, 2014, the                           is not a significant regulatory action
                                           DATES: Effective Date: January 19, 2016.                Department of State received a request                 under Executive Order 12866.
                                           FOR FURTHER INFORMATION CONTACT: For                    by the Government of the Republic of                   Signing Authority
                                           legal aspects, Lisa L. Burley, Chief,                   Italy to extend the Agreement.
                                           Cargo Security, Carriers and Restricted                 Subsequently, the Department of State                    This regulation is being issued in
                                           Merchandise Branch, Regulations and                     proposed to extend the Agreement.                      accordance with 19 CFR 0.1(a)(1).
                                           Rulings, Office of International Trade,                 After considering the views and                        List of Subjects in 19 CFR Part 12
                                           (202) 325–0215. For operational aspects,                recommendations of the Cultural
                                           William R. Scopa, Branch Chief, Partner                                                                          Cultural property, Customs duties and
                                                                                                   Property Advisory Committee, the
                                           Government Agency Branch, Trade                                                                                inspection, Imports, Prohibited
                                                                                                   Assistant Secretary for Educational and
                                           Policy and Programs, Office of                                                                                 merchandise.
                                                                                                   Cultural Affairs, United States
                                           International Trade, (202) 863–6554,                    Department of State, determined that                   Amendment to CBP Regulations
                                           William.R.Scopa@cbp.dhs.gov.                            the cultural heritage of Italy continues                 For the reasons set forth above, part
                                           SUPPLEMENTARY INFORMATION:                              to be in jeopardy from pillage of                      12 of Title 19 of the Code of Federal
                                                                                                   archaeological material representing the               Regulations (19 CFR part 12), is
                                           Background                                              pre-Classical, Classical, and Imperial                 amended as set forth below:
                                              Pursuant to the provisions of the 1970               Roman periods and made the necessary
                                           United Nations Educational, Scientific                  determinations to extend the import                    PART 12—SPECIAL CLASSES OF
                                           and Cultural Organization (UNESCO)                      restrictions for an additional five years.             MERCHANDISE
                                           Convention, implemented by the                          Diplomatic notes have been exchanged,
                                           Convention on Cultural Property                         reflecting the extension of those                      ■ 1. The general authority citation for
                                           Implementation Act (Pub. L. 97–446, 19                  restrictions for an additional five-year               part 12 and the specific authority
                                           U.S.C. 2601 et seq.), the United States                 period. Accordingly, CBP is amending                   citation for § 12.104g continue to read as
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                                           entered into a bilateral agreement with                 19 CFR 12.104g(a) to reflect this                      follows:
                                           Italy on January 19, 2001, concerning                   extension of the import restrictions.                    Authority: 5 U.S.C. 301; 19 U.S.C. 66,
                                           the imposition of import restrictions on                   The Designated List of Pre-Classical,               1202 (General Note 3(i), Harmonized Tariff
                                           archeological material originating in                   Classical and Imperial Roman Period                    Schedule of the United States (HTSUS)),
                                           Italy and representing the pre-Classical,               Archaeological Material from Italy                     1624;
                                           Classical, and Imperial Roman periods.                  covered by these import restrictions is                *       *    *    *     *


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                                           2088               Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Rules and Regulations

                                              Sections 12.104 through 12.104i also                 under section 36B of the Internal                      insurance system administered by
                                           issued under 19 U.S.C. 2612;                            Revenue Code.                                          PBGC.
                                           *     *     *    *     *                                Need for Correction                                    DATES:   Effective February 1, 2016.
                                           § 12.104g    [Amended]                                    As published, the final regulations                  FOR FURTHER INFORMATION CONTACT:
                                                                                                   (TD 9745) contains an error that may                   Catherine B. Klion (Klion.Catherine@
                                           ■  2. In § 12.104g, paragraph (a), the table                                                                   pbgc.gov), Assistant General Counsel for
                                           is amended in the entry for Italy by                    prove to be misleading and is in need
                                                                                                   of clarification.                                      Regulatory Affairs, Pension Benefit
                                           removing the reference to ‘‘CBP Dec.                                                                           Guaranty Corporation, 1200 K Street
                                           11–03’’ and adding in its place ‘‘CBP                   List of Subjects in 26 CFR Part 1                      NW., Washington, DC 20005, 202–326–
                                           Dec. 16–02’’.                                                                                                  4024. (TTY/TDD users may call the
                                                                                                     Income taxes, Reporting and
                                           R. Gil Kerlikowske,                                     recordkeeping requirements.                            Federal relay service toll-free at 1–800–
                                           Commissioner, U.S. Customs and Border                                                                          877–8339 and ask to be connected to
                                           Protection.                                             Correction of Publication                              202–326–4024.)
                                             Approved: January 12, 2016.                             Accordingly, 26 CFR part 1 is                        SUPPLEMENTARY INFORMATION: PBGC’s
                                           Timothy E. Skud,                                        corrected by making the following                      regulation on Benefits Payable in
                                           Deputy Assistant Secretary of the Treasury.             correcting amendment:                                  Terminated Single-Employer Plans (29
                                           [FR Doc. 2016–00735 Filed 1–14–16; 8:45 am]                                                                    CFR part 4022) prescribes actuarial
                                                                                                   PART 1—INCOME TAXES                                    assumptions—including interest
                                           BILLING CODE 9111–14–P
                                                                                                   ■ Paragraph 1. The authority citation                  assumptions—for paying plan benefits
                                                                                                   for part 1 continues to read in part as                under terminating single-employer
                                                                                                   follows:                                               plans covered by title IV of the
                                           DEPARTMENT OF THE TREASURY
                                                                                                                                                          Employee Retirement Income Security
                                                                                                       Authority: 26 U.S.C. 7805 * * *                    Act of 1974. The interest assumptions in
                                           Internal Revenue Service
                                                                                                   ■ Par. 2. Section 1.36B–3 is amended by                the regulation are also published on
                                           26 CFR Part 1                                           revising paragraph (d)(2)(i)(A) to read as             PBGC’s Web site (http://www.pbgc.gov).
                                                                                                   follows:                                                  PBGC uses the interest assumptions in
                                           [TD 9745]                                                                                                      Appendix B to Part 4022 to determine
                                           RIN 1545–BL43                                           § 1.36B–3 Computing the premium                        whether a benefit is payable as a lump
                                                                                                   assistance credit amount.                              sum and to determine the amount to
                                           Minimum Value of Eligible Employer-                     *     *     *   *    *                                 pay. Appendix C to Part 4022 contains
                                           Sponsored Plans and Other Rules                           (d) * * *                                            interest assumptions for private-sector
                                           Regarding the Health Insurance                            (2) * * *                                            pension practitioners to refer to if they
                                           Premium Tax Credit; Correction                            (i) * * *                                            wish to use lump-sum interest rates
                                                                                                     (A) The enrollment premiums for the                  determined using PBGC’s historical
                                           AGENCY:  Internal Revenue Service (IRS),                month (reduced by any amounts that                     methodology. Currently, the rates in
                                           Treasury.                                               were refunded); or                                     Appendices B and C of the benefit
                                           ACTION: Final regulations; correcting                   *     *     *   *    *                                 payment regulation are the same.
                                           amendment.                                                                                                        The interest assumptions are intended
                                                                                                   Martin V. Franks,
                                           SUMMARY:   This document contains                                                                              to reflect current conditions in the
                                                                                                   Chief, Publications and Regulations Branch,            financial and annuity markets.
                                           corrections to final regulations (TD                    Legal Processing Division, Associate Chief
                                           9745) that were published in the                        Counsel, (Procedure and Administration).
                                                                                                                                                          Assumptions under the benefit
                                           Federal Register on Friday, December                                                                           payments regulation are updated
                                                                                                   [FR Doc. 2016–00701 Filed 1–14–16; 8:45 am]
                                           18, 2015 (80 FR 78971). The final                                                                              monthly. This final rule updates the
                                                                                                   BILLING CODE 4830–01–P
                                           regulations are on the health insurance                                                                        benefit payments interest assumptions
                                           premium tax credit enacted by the                                                                              for February 2016.1
                                           Patient Protection and Affordable Care                                                                            The February 2016 interest
                                                                                                   PENSION BENEFIT GUARANTY                               assumptions under the benefit payments
                                           Act and the Health Care and Education                   CORPORATION
                                           Reconciliation Act of 2010, as amended                                                                         regulation will be 1.25 percent for the
                                           by the Medicare and Medicaid                                                                                   period during which a benefit is in pay
                                                                                                   29 CFR Part 4022
                                           Extenders Act of 2010, the                                                                                     status and 4.00 percent during any years
                                           Comprehensive 1099 Taxpayer                             Benefits Payable in Terminated Single-                 preceding the benefit’s placement in pay
                                           Protection and Repayment of Exchange                    Employer Plans; Interest Assumptions                   status. In comparison with the interest
                                           Subsidy Overpayments Act of 2011, and                   for Paying Benefits                                    assumptions in effect for January 2016,
                                           the Department of Defense and Full                                                                             these interest assumptions are
                                           Year Continuing Appropriations Act,                     AGENCY:  Pension Benefit Guaranty                      unchanged.
                                           2011.                                                   Corporation.                                              PBGC has determined that notice and
                                                                                                   ACTION: Final rule.                                    public comment on this amendment are
                                           DATES: This correction is effective                                                                            impracticable and contrary to the public
                                           January 15, 2016 and applicable                         SUMMARY:   This final rule amends the                  interest. This finding is based on the
                                           December 18, 2015.                                      Pension Benefit Guaranty Corporation’s                 need to determine and issue new
                                           FOR FURTHER INFORMATION CONTACT:                        regulation on Benefits Payable in                      interest assumptions promptly so that
                                           Shareen Pflanz at (202) 317–4718 (not a                 Terminated Single-Employer Plans to
Lhorne on DSK5TPTVN1PROD with RULES




                                           toll-free number).                                      prescribe interest assumptions under                     1 Appendix B to PBGC’s regulation on Allocation

                                           SUPPLEMENTARY INFORMATION:                              the regulation for valuation dates in                  of Assets in Single-Employer Plans (29 CFR part
                                                                                                   February 2016. The interest                            4044) prescribes interest assumptions for valuing
                                           Background                                              assumptions are used for paying                        benefits under terminating covered single-employer
                                                                                                                                                          plans for purposes of allocation of assets under
                                             The final regulations (TD 9745) that                  benefits under terminating single-                     ERISA section 4044. Those assumptions are
                                           are the subject of this correction are                  employer plans covered by the pension                  updated quarterly.



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Document Created: 2018-02-02 12:32:14
Document Modified: 2018-02-02 12:32:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective Date: January 19, 2016.
ContactFor 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 Citation81 FR 2086 
RIN Number1515-AE07
CFR AssociatedCultural Property; Customs Duties and Inspection; Imports and Prohibited Merchandise

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