81 FR 87804 - Extension of Import Restrictions Imposed on Certain Archaeological and Ethnological Materials From the Plurinational State of Bolivia
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY Federal Register Volume 81, Issue 234 (December 6, 2016)
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
Federal Register Volume 81, Issue 234 (December 6, 2016)
| Page Range | 87804-87805 | |
| FR Document | 2016-29279 |
[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)] [Rules and Regulations] [Pages 87804-87805] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29279] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Part 12 [CBP Dec. 16-24] RIN 1515-AE20 Extension of Import Restrictions Imposed on Certain Archaeological and Ethnological Materials From the Plurinational State of Bolivia AGENCY: U.S. Customs and Border Protection; Department of Homeland Security; Department of the Treasury. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule amends the U.S. Customs and Border Protection (CBP) regulations to reflect an extension of import restrictions on certain archaeological and ethnological materials from the Plurinational State of Bolivia (``Bolivia''). The restrictions, which were originally imposed by Treasury Decision (T.D.) 01-86 and last extended by CBP Dec. 11-24, are due to expire on December 4, 2016. The Assistant Secretary for Educational and Cultural Affairs, United States Department of State, has determined that conditions continue to warrant the imposition of import restrictions. Accordingly, these import restrictions will remain in effect for an additional five years, and the CBP regulations are being amended to reflect this extension through December 4, 2021. These restrictions are being extended pursuant to determinations of the United States Department of State made under the terms of the Convention on Cultural Property Implementation Act in accordance with the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. T.D. 01-86 contains the Designated List of archaeological and ethnological [[Page 87805]] materials from Bolivia to which the restrictions apply. DATES: Effective December 2, 2016. FOR FURTHER INFORMATION CONTACT: For legal aspects, Lisa L. Burley, Chief, Cargo Security, Carriers and Restricted Merchandise Branch, Regulations and Rulings, Office of Trade, (202) 325-0215. For operational aspects, William R. Scopa, Branch Chief, Partner Government Agency Branch, Trade Policy and Programs, Office of Trade, (202) 863- 6554, [email protected]. SUPPLEMENTARY INFORMATION: Background Pursuant to the provisions of the 1970 United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention, codified into U.S. law as the Convention on Cultural Property Implementation Act (Pub. L. 97-446, 19 U.S.C. 2601 et seq.), the United States entered into a bilateral agreement with Bolivia \1\ on December 4, 2001, concerning the imposition of import restrictions on certain archaeological and ethnological materials from Bolivia. On December 7, 2001, the U.S. Customs Service (U.S. Customs and Border Protection's predecessor agency) published Treasury Decision (T.D.) 01-86 in the Federal Register (66 FR 63490), which amended 19 CFR 12.104g(a) to reflect the imposition of these restrictions and included a list designating the types of articles covered by the restrictions. --------------------------------------------------------------------------- \1\ In 2009, the new constitution of Bolivia changed the country's official name from the ``Republic of Bolivia'' to the ``Plurinational State of Bolivia.'' --------------------------------------------------------------------------- Import restrictions listed in 19 CFR 12.104g(a) are effective for no more than five years beginning on the date on which the agreement enters into force with respect to the United States. This period can be extended for additional periods not to exceed five years if it is determined that the factors which justified the initial agreement still pertain and no cause for suspension of the agreement exists (19 CFR 12.104g(a)). On October 11, 2016, after reviewing the findings and recommendations of the Cultural Property Advisory Committee, the Assistant Secretary for Educational and Cultural Affairs, United States Department of State, concluding that the cultural heritage of Bolivia continues to be in jeopardy from pillage of certain archaeological and ethnological materials, made the necessary determination to extend the import restrictions for an additional five years. Diplomatic notes have been exchanged reflecting the extension of those restrictions for an additional five-year period. Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the extension of the import restrictions. The Designated List of Archaeological and Ethnological Material from Bolivia covered by these import restrictions is set forth in T.D. 01- 86. The Designated List may also be found at the following Web site address: https://eca.state.gov/cultural-heritage-center/cultural-property-protection/bilateral-agreements/bolivia. The restrictions on the importation of these archaeological and ethnological materials from Bolivia are to continue in effect through December 4, 2021. Importation of such material continues to be restricted unless the conditions set forth in 19 U.S.C. 2606 and 19 CFR 12.104c are met. Inapplicability of Notice and Delayed Effective Date This amendment involves a foreign affairs function of the United States and is, therefore, being made without notice or public procedure under 5 U.S.C. 553(a)(1). In addition, CBP has determined that such notice or public procedure would be impracticable and contrary to the public interest because the action being taken is essential to avoid interruption of the application of the existing import restrictions (5 U.S.C. 553(b)(B)). For the same reason, a delayed effective date is not required under 5 U.S.C. 553(d)(3). Regulatory Flexibility Act Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. Executive Order 12866 Because this rule involves a foreign affairs function of the United States, it is not subject to Executive Order 12866. Signing Authority This regulation is being issued in accordance with 19 CFR 0.1(a)(1). List of Subjects in 19 CFR Part 12 Cultural property, Customs duties and inspection, Imports, Prohibited merchandise. Amendment to CBP Regulations For the reasons set forth above, part 12 of title 19 of the Code of Federal Regulations (19 CFR part 12), is amended as set forth below: PART 12--SPECIAL CLASSES OF MERCHANDISE 0 1. The general authority citation for part 12 and the specific authority citation for Sec. 12.104g continue to read as follows: Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States (HTSUS)), 1624; * * * * * Sections 12.104 through 12.104i also issued under 19 U.S.C. 2612; * * * * * Sec. 12.104g [Amended] 0 2. In Sec. 12.104g, paragraph (a), the table is amended in the entry for Bolivia by removing the words ``CBP Dec. 11-24'' in the column headed ``Decision No.'' and adding in their place the words ``CBP Dec. 16-24.'' R. Gil Kerlikowske, Commissioner, U.S. Customs and Border Protection. Approved: December 1, 2016. Timothy E. Skud, Deputy Assistant Secretary of the Treasury. [FR Doc. 2016-29279 Filed 12-2-16; 11:15 am] BILLING CODE 9111-14-P
![87804 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Rules and Regulations
SUPPLEMENTARY INFORMATION: II. Classification day delay in effectiveness and make this
action effective immediately upon
I. Background A. National Environmental Policy Act
publication.
NOAA previously conducted an
On March 12, 2015, NOAA expanded Authority: 16 U.S.C. 1431 et seq.
environmental analysis under the
the boundaries of Gulf of the Farallones National Environmental Policy Act Dated: December 1, 2016.
National Marine Sanctuary (now (NEPA) as part of the rulemaking W. Russell Callender,
renamed Greater Farallones National process leading to the expansion of Assistant Administrator for Ocean Services
Marine Sanctuary or GFNMS) and CBNMS and GFNMS, which addressed and Coastal Management.
Cordell Bank National Marine Sanctuary regulations regarding the discharge of [FR Doc. 2016–29234 Filed 12–5–16; 8:45 am]
(CBNMS) to an area north and west of any matter or material in the BILLING CODE 3510–NK–P
their previous boundaries with a final sanctuaries. The environmental impacts
rule (80 FR 13078). The final rule of the decision to postpone effectiveness
entered into effect on June 9, 2015 (80 reflect a continuation of the
FR 34047). To ensure that the March 12, DEPARTMENT OF HOMELAND
environmental baseline and the no SECURITY
2015, rule does not undermine USCG’s action alternative presented in that
ability to perform its duties, at that time, analysis. Should NOAA decide to U.S. Customs and Border Protection
NOAA postponed the effectiveness of amend the regulations governing
the discharge requirements in both discharges for USGS activities in DEPARTMENT OF THE TREASURY
sanctuaries’ regulations with regard to CBNMS and GFNMS, any additional
U.S. Coast Guard (USCG) activities for 6 environmental analysis required under 19 CFR Part 12
months. Two additional six month NEPA would be prepared and released
postponements of the effectiveness of for public comment. [CBP Dec. 16–24]
the discharge requirements were B. Executive Order 12866: Regulatory RIN 1515–AE20
published in the Federal Register on Impact
December 1, 2015 (80 FR 74985) and Extension of Import Restrictions
May 31, 2016 (81 FR 34268), to provide This action has been determined to be Imposed on Certain Archaeological
adequate time for completion of an not significant for purposes of the and Ethnological Materials From the
environmental assessment and to meaning of Executive Order 12866. Plurinational State of Bolivia
determine NOAA’s next steps. Without C. Administrative Procedure Act AGENCY: U.S. Customs and Border
further NOAA action, the discharge The Assistant Administrator of Protection; Department of Homeland
regulations would become effective with National Ocean Service (NOS) finds Security; Department of the Treasury.
regard to USCG activities December 9, good cause pursuant to 5 U.S.C. ACTION: Final rule.
2016. However, NOAA needs more time 553(b)(B) to waive the notice and
to develop alternatives for an comment requirements of the SUMMARY: This final rule amends the
environmental assessment developed Administrative Procedure Act (APA) U.S. Customs and Border Protection
pursuant to the requirements of the because this action is administrative in (CBP) regulations to reflect an extension
National Environmental Policy Act. nature. This action postpones the of import restrictions on certain
Therefore, this notice postpones the effectiveness of the discharge archaeological and ethnological
effectiveness of the discharge requirements in the regulations for materials from the Plurinational State of
requirements in the expansion areas of CBNMS and GFNMS in the areas added Bolivia (‘‘Bolivia’’). The restrictions,
both sanctuaries with regard to USCG to the sanctuaries’ boundaries in 2015 which were originally imposed by
activities for another 6 months, until (subject to notice and comment review) Treasury Decision (T.D.) 01–86 and last
June 9, 2017. During this time, NOAA with regard to U.S. Coast Guard extended by CBP Dec. 11–24, are due to
will continue to consider how to activities for 6 months to provide expire on December 4, 2016. The
address USCG’s concerns and, among adequate time for public scoping, Assistant Secretary for Educational and
other things, whether to exempt certain completion of an environmental Cultural Affairs, United States
USCG activities in sanctuary assessment, and subsequent rulemaking, Department of State, has determined
regulations. The public, other federal as appropriate. Should NOAA decide to that conditions continue to warrant the
agencies, and interested stakeholders amend the regulations governing imposition of import restrictions.
will be given an opportunity to discharges in CBNMS and GFNMS, it Accordingly, these import restrictions
comment on various alternatives that would publish a proposed rule followed will remain in effect for an additional
are being considered. This will include by an appropriate public comment five years, and the CBP regulations are
the opportunity to review any proposed period as required by the APA. The being amended to reflect this extension
rule and related environmental analysis. substance of the underlying regulations through December 4, 2021. These
In the course of the rule making to remains unchanged. Therefore, restrictions are being extended pursuant
expand GFNMS and CBNMS, NOAA providing notice and opportunity for to determinations of the United States
learned from USCG that the discharge public comment under the Department of State made under the
regulations had the potential to impair Administrative Procedure Act would terms of the Convention on Cultural
the operations of USCG vessels and air serve no useful purpose. The delay in Property Implementation Act in
craft conducting law enforcement and effectiveness provided by this action accordance with the United Nations
mstockstill on DSK3G9T082PROD with RULES
on-water training exercises in GFNMS will also enable NOAA to fully Educational, Scientific and Cultural
and CBNMS. The USCG supports implement its statutory responsibilities Organization (UNESCO) Convention on
national marine sanctuary management under the NMSA to protect resources of the Means of Prohibiting and Preventing
by providing routine surveillance and a national marine sanctuary. For the the Illicit Import, Export and Transfer of
dedicated law enforcement of the reasons above, the Assistant Ownership of Cultural Property. T.D.
National Marine Sanctuaries Act and Administrator also finds good cause 01–86 contains the Designated List of
sanctuary regulations. under 5 U.S.C. 553(d) to waive the 30- archaeological and ethnological
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![Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Rules and Regulations 87805
materials from Bolivia to which the exchanged reflecting the extension of PART 12—SPECIAL CLASSES OF
restrictions apply. those restrictions for an additional five- MERCHANDISE
DATES: Effective December 2, 2016. year period. Accordingly, CBP is
amending 19 CFR 12.104g(a) to reflect ■ 1. The general authority citation for
FOR FURTHER INFORMATION CONTACT: For
the extension of the import restrictions. part 12 and the specific authority
legal aspects, Lisa L. Burley, Chief,
The Designated List of Archaeological citation for § 12.104g continue to read as
Cargo Security, Carriers and Restricted
and Ethnological Material from Bolivia follows:
Merchandise Branch, Regulations and
Rulings, Office of Trade, (202) 325– covered by these import restrictions is Authority: 5 U.S.C. 301; 19 U.S.C. 66,
0215. For operational aspects, William set forth in T.D. 01–86. The Designated 1202 (General Note 3(i), Harmonized Tariff
R. Scopa, Branch Chief, Partner List may also be found at the following Schedule of the United States (HTSUS)),
Web site address: https://eca.state.gov/ 1624;
Government Agency Branch, Trade
Policy and Programs, Office of Trade, cultural-heritage-center/cultural- * * * * *
(202) 863–6554, William.R.Scopa@ property-protection/bilateral- Sections 12.104 through 12.104i also
issued under 19 U.S.C. 2612;
cbp.dhs.gov. agreements/bolivia.
* * * * *
SUPPLEMENTARY INFORMATION: The restrictions on the importation of
these archaeological and ethnological § 12.104g [Amended]
Background
materials from Bolivia are to continue in ■ 2. In § 12.104g, paragraph (a), the table
Pursuant to the provisions of the 1970 effect through December 4, 2021. is amended in the entry for Bolivia by
United Nations Educational, Scientific Importation of such material continues removing the words ‘‘CBP Dec. 11–24’’
and Cultural Organization (UNESCO) to be restricted unless the conditions set in the column headed ‘‘Decision No.’’
Convention, codified into U.S. law as forth in 19 U.S.C. 2606 and 19 CFR and adding in their place the words
the Convention on Cultural Property 12.104c are met. ‘‘CBP Dec. 16–24.’’
Implementation Act (Pub. L. 97–446, 19
U.S.C. 2601 et seq.), the United States Inapplicability of Notice and Delayed R. Gil Kerlikowske,
entered into a bilateral agreement with Effective Date Commissioner, U.S. Customs and Border
Bolivia 1 on December 4, 2001, Protection.
This amendment involves a foreign
concerning the imposition of import Approved: December 1, 2016.
affairs function of the United States and
restrictions on certain archaeological Timothy E. Skud,
is, therefore, being made without notice
and ethnological materials from Bolivia. Deputy Assistant Secretary of the Treasury.
On December 7, 2001, the U.S. Customs or public procedure under 5 U.S.C.
553(a)(1). In addition, CBP has [FR Doc. 2016–29279 Filed 12–2–16; 11:15 am]
Service (U.S. Customs and Border
Protection’s predecessor agency) determined that such notice or public BILLING CODE 9111–14–P
published Treasury Decision (T.D.) procedure would be impracticable and
01–86 in the Federal Register (66 FR contrary to the public interest because
the action being taken is essential to DEPARTMENT OF HOMELAND
63490), which amended 19 CFR SECURITY
12.104g(a) to reflect the imposition of avoid interruption of the application of
these restrictions and included a list the existing import restrictions (5 U.S.C. U.S. Customs and Border Protection
designating the types of articles covered 553(b)(B)). For the same reason, a
by the restrictions. delayed effective date is not required DEPARTMENT OF THE TREASURY
Import restrictions listed in 19 CFR under 5 U.S.C. 553(d)(3).
12.104g(a) are effective for no more than Regulatory Flexibility Act 19 CFR Part 12
five years beginning on the date on
which the agreement enters into force [CBP Dec. 16–23]
Because no notice of proposed
with respect to the United States. This rulemaking is required, the provisions RIN 1515–AE19
period can be extended for additional of the Regulatory Flexibility Act (5
periods not to exceed five years if it is U.S.C. 601 et seq.) do not apply. Import Restrictions Imposed on
determined that the factors which Certain Archaeological Material From
justified the initial agreement still Executive Order 12866 Egypt
pertain and no cause for suspension of Because this rule involves a foreign
the agreement exists (19 CFR AGENCY: U.S. Customs and Border
affairs function of the United States, it Protection, Department of Homeland
12.104g(a)).
is not subject to Executive Order 12866. Security; Department of the Treasury.
On October 11, 2016, after reviewing
the findings and recommendations of Signing Authority ACTION: Final rule.
the Cultural Property Advisory
This regulation is being issued in SUMMARY: This final rule amends the
Committee, the Assistant Secretary for
accordance with 19 CFR 0.1(a)(1). U.S. Customs and Border Protection
Educational and Cultural Affairs, United
(CBP) regulations to reflect the
States Department of State, concluding List of Subjects in 19 CFR Part 12 imposition of import restrictions on
that the cultural heritage of Bolivia
certain archaeological material from the
continues to be in jeopardy from pillage Cultural property, Customs duties and Arab Republic of Egypt (Egypt). These
of certain archaeological and inspection, Imports, Prohibited restrictions are being imposed pursuant
ethnological materials, made the merchandise.
mstockstill on DSK3G9T082PROD with RULES
to an agreement between the United
necessary determination to extend the
Amendment to CBP Regulations States and Egypt that has been entered
import restrictions for an additional five
into under the authority of the
years. Diplomatic notes have been For the reasons set forth above, part Convention on Cultural Property
1 In2009, the new constitution of Bolivia changed
12 of title 19 of the Code of Federal Implementation Act in accordance with
the country’s official name from the ‘‘Republic of Regulations (19 CFR part 12), is the 1970 United Nations Educational,
Bolivia’’ to the ‘‘Plurinational State of Bolivia.’’ amended as set forth below: Scientific and Cultural Organization
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Document Created: 2016-12-06 02:18:51
Document Modified: 2016-12-06 02:18:51
| 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. | |
| Dates | Effective December 2, 2016. | |
| Contact | For legal aspects, Lisa L. Burley, Chief, Cargo Security, Carriers and Restricted Merchandise Branch, Regulations and Rulings, Office of Trade, (202) 325-0215. For operational aspects, William R. Scopa, Branch Chief, Partner Government Agency Branch, Trade Policy and Programs, Office of Trade, (202) 863- 6554, [email protected] | |
| FR Citation | 81 FR 87804 | |
| RIN Number | 1515-AE20 | |
| CFR Associated | Cultural Property; Customs Duties and Inspection; Imports and Prohibited Merchandise |
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